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City Council Packet - 01/10/2006
CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING January 10, 2006 COUNCIL MEETING WILL BE TELEVISED I:\Ofs\Donna's\Ccpktl 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Item No. 0 ForAgenda of x -'Y - 0 6 ' Tigard City Council Meeting Minutes Date: January 10, 2006 Time: 6:34 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff Agenda Item Discussion & Comments Action Items follow u Study Session Administrative • City Council reviewed a draft of the 2006 City Staff to prepare a final draft Items Council goals. Wording changes were suggested. and submit goals for City Council approval on January 24, 2006. Mayor Dirksen presented the draft goals to the public during the business meeting. • City Council reviewed a proposal for City of Mayor Dirksen presented Tigard logo new logo design to the public during the business meeting. • City Council finalized travel plans for Congress of Cities Conference - March 11-16 • The March 14, 2006, City Council meeting has been canceled. City Council will be attending the Staff to send out the notice Congress of Cities Conference on that date. canceling the March 14, 2006 Staff asked if the City Council would like to City Council meeting. consider adding business items to the March 21 workshop meeting; City Council members agreed to keep this meeting as a workshop unless there is a need to consider business items. COUNCIL MINUTES -JANUARY 10, 2006 page 1 Agenda Item Discussion & Comments Action Items follow u • City Manager Prosser reported on the status of the Court of Appeals Case: John Frewing v. City of Tigard and Windwood Construction. The Court of Appeals upheld the Land Use Board of Appeals decision. Study Session recessed: 7 p.m. Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Board to Order at 7:35 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Harding, Sherwood, Wilson, and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. Citizen • Tigard High School Student Envoy Krista Foltz Communication presented a report to the City Council on Tigard High School Activities. A copy of her report is on file in the City Recorder's office. • John Frewing, 7110 SW Lola Lane, Tigard, Motion by Councilor Oregon 97223 requested that City Council call up Harding, seconded by the Hearings Officer decision for the Refuge at Councilor Woodruff, to set Fanno Creek. Mr. Frewing submitted this matter for a hearing on documentation outlining his concerns with regard January 24, directing staff to to the proposed condominium development. provide notice to all Mr. Frewing was asking for the Council call up as participants in the he noted the appeal fee was more than what he proceeding and anyone else could pay. The documents referred to above are entitled to notice under the on file in the City Recorder's office. zoning code and also directing the staff to contact After City Council discussion and upon advice of the railroad to determine if City Attorney Ramis, the following motion was the railroad has any position made and adopted: on the scope and applicability of the easement; COUNCIL MINUTES -JANUARY 10, 2006 page 2 Agenda Item Discussion & Comments Action Items follow u directing the City Attorney's office to do the same. January 24, 2006, is the time for anyone to comment on the findings from the railroad and the City Attorney's office; also at this time, allowing to people to advocate as to whether or not the Council should even hear this matter. The proceeding will be confined to this narrow issue. 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 • Leonard Logan signed in to speak but declined to testify. • Sue Bielke, 11755 SW 114'', Tigard, OR 97223, also testified about the proposed Refuge at Fanno Creek condominium project. She distributed copies of photographs showing water levels on the subject property. She supported Mr. Frewing's request for a City Council call up of this item and also said the appeal fees were too high and requested the City Council consider reducing the fees for filing an appeal. Ms. Bielke said she did not think the decision was adequate and noted her concerns with flooding. She said she does not believe the proposed development meets the Code and that it should be processed as a Planned Development. The subject site is in the Washington Square Regional Plan area. COUNCIL MINUTES -JANUARY 10, 2006 page 3 Agenda Item Discussion & Comments Action Items follow u 3. Consent 3.1 Approve Council Minutes for December 13, Motion by Councilor Agenda 2005 Sherwood, seconded by 3.2 Receive and File: Councilor Woodruff, to a. Council Calendar approve the Consent b. Tentative Agenda Agenda. 3.3 Approve Budget Amendment #7 to the FY 2005-06 Budget to Increase Appropriations in The motion was approved the Mayor and Council Budget for Funding of by a unanimous vote of Tigard's Contribution to the League of Oregon Council present. Cities for Telecommunication Litigation Expenses - Resolution No. 06-01 Mayor Dirksen Yes Councilor Harding Yes RESOLUTION 06-01 -A RESOLUTION Councilor Sherwood Yes APPROVING BUDGET AMENDMENT #7 Councilor Wilson Yes TO THE FY 2005-06 BUDGET TO Councilor Woodruff Yes INCREASE APPROPRIATIONS IN THE MAYOR AND COUNCIL BUDGET FOR FUNDING OF TIGARD'S CONTRIBUTION TO THE LEAGUE OF OREGON CITIES FOR TELECOMMUNICATION LITIGATION EXPENSES 3.4 Initiate Vacation Proceedings for Several Small Pieces of Public Right-of-Way Along 68`'' Parkway and 69''' Avenue North of Dartmouth Street; Public Right-of-Way Vacation (VAC2005- 00004 and VAC2005-00005) - Resolution No. 06-02 RESOLUTION NO. 06-01 - A RESOLUTION SETTING THE DATE OF A PUBLIC HEARING REGARDING THE VACATION OF FIVE (5) SMALL PORTIONS OF PUBLIC RIGHT OF WAY TOTALING 3,392 SQUARE FEET ALONG 6e-' PARKWAY AND 69TH AVENUE WHICH ADJOIN TAX LOTS 1S136DD- 03001, 1S136DD-06100, 1S136DD-6300, 1S136DD-06600, AND 1S136DD-06700. THESE PARCELS ARE OWNED BY THE PETITIONERS AND ARE LEGALLY AND GRAPHICALLY DESCRIBED WITHIN EXHIBITS "A-1, B-1/A-2, B-2/A-3, B-3/A-4, 13-4/A-5,13-5." COUNCIL MINUTES -JANUARY 10, 2006 page 4 Agenda Item Discussion & Comments Action Items follow u 3.5 Local Contract Review Board a. Adopt Revisions to the City of Tigard's Public Contracting Rules as Required by New State Laws - LCRB Resolution No. 06-01 LOCAL CONTRACT REVIEW BOARD RESOLUTION NO. 06-01 -A RESOLUTION ADOPTING REVISIONS TO THE CITY'S PUBLIC CONTRACTING RULES AS REQUIRED BY NEW STATE LAWS 4. State of the Mayor Dirksen presented the State of the City City Address address. An outline of the address is attached (Exhibit A). 5. Introduce Mayor Dirksen presented the new City of Tigard New City Logo logo design. New logo Old logo CITY OF TIGARD OREGON The Mayor and Council commented on the new design, which was professionally designed to update the previous logo of 25 years. The City Council members expressed their thoughts on the new logo's imagery representing what makes Tigard special including the quality and professionalism Tigard citizens expect. The design includes trees, Fanno creek/pathway and homes showing a transition from residential to more urban areas of the City. City Council also wanted to show that with the urbanized transition, there is an appreciation for nature. The new logo will be incorporated over time into items such as City signs, business cards and vehicles. COUNCIL MINUTES -JANUARY 10, 2006 page 5 Agenda Item Discussion & Comments Action Items follow u Consultant Glen Marcusen thanked the City Council for their participation in developing the new design. Mayor Dirksen advised that the "tag line," A Place to Call Home will also be used in conjunction with the new logo. 6. Update - 4`h City Manager Prosser reviewed the 4`h Quarter 2005 Quarter 2005 Goal Update. A copy of the status report of the City Goals 2005 City Council goals is on file in the City Recorder's office. 7. Introduce Mayor Dirksen introduced the 2006 City Council City Council will consider 2006 City goals. A copy of the list of goals is attached (Exhibit formal adoption of the City Council Goals B). Council goals on January 24, 2006. 8. Adjournment: 9:14 p.m. Motion by Councilor Woodruff, seconded by Councilor Sherwood, to . adjourn the meeting. 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 Catherine Wheatley, City Recor Attest: er Mayor, ity of Tigard Date: z,2- l,/" 6 hadm\cathytcan120081000110.doc COUNCIL MINUTES -JANUARY 10, 2006 page 6 0 Exhibit A - Page 1 Attachment to January 10, 2006, City Council Meeting Minutes 2006 State of the City Address Outline Presented by: Mayor Craig Dirksen INTRODUCTION 2005 was a good year - a year of beginnings. The City Council established the following City Council goals for 2005: • Revitalize Downtown • Improve 99W • Address Growth • Budget focus was on $20 million of Capital Improvements 2005 ACCOMPLISHMENTS • Completed the Downtown Plan, which gave us a road map to move forward The citizen involvement plan received the Good Governance Award from the League of Oregon Cities • 1" year of Street Maintenance Plan (over $800,000 in fees paid for 14,577 feet of new streets) • 1" full year of new library operation set new records • Opened talks with ODOT on 99W and received a study grant • Rebuilt McDonald Street/99W intersection; received funding for a revised Hall Street/99W intersection and began studying options to improve Greenburg Road intersection. • Mayor's Forum with Metro in response to Tigard and other cities expressing concern about growth issues. • Began Heritage Tree Program • Provided $2 million to purchase new park land • Began administering Healthy Streams program with Metro • Held first annual Family Week Celebration 2006 PLANS • Implement City Branding with new logo, identity, park and entrance signage • Revise Comprehensive Plan by end of year • Downtown Urban Renewal District • Long Range Water Plan - four viable choices • Begin Downtown Projects Burnham Street improvements Commuter rail station Streetscape design Zoning overlays Architectural design guidelines COUNCIL MINUTES -JANUARY 10, 2006 page 7 Exhibit A - Page 2 Attachment to January 10, 2006, City Council Meeting Minutes • Purchase public space • Begin 99W Study and intersection improvements FUTURE CHALLENGES • General Fund Stabilization Citizen Task Force Study and Recommendations - February • Changes in Development Code to address infill and downtown development • Continued Urban Grown Boundary planning dialog with Metro and County • County Public Safety Levy • Right-of-way management and maintenance We have many things to do and the Council and I are looking forward to an exciting year of challenge and accomplishment. COUNCIL MINUTES -JANUARY 10, 2006 page 8 Exhibit B Attachment to January 10, 2006, City Council Meeting Minutes Tigard City Council Goals - 2006 Continuation of 2005 Tigard City Council Goals / Revise City of Tigard Comprehensive Plan Complete draft by year end 0 Implement Downtown Plan Implement catalyst projects including: o Improvements to Burnham Street o Identify and purchase land for a Downtown public gathering place Work to assure passage of the Urban Renewal Plan Ballot measure Identify and make changes to the Tigard Development Code needed to implement the Downtown Plan (e.g., zoning overlays, design standards) / Improve 99W Corridor Complete Transportation Growth Management (TGM) Corridor Study Continue Greenburg Road intersection project Continue Hall Boulevard intersection project Other Important Goals for 2006 / Improve Communidation and Relationship with Citizens Implement the new neighborhood program throughout the City Conduct a city-wide scientific survey/report card on City services Connect Council with students in schools / Consider Opportunities for Major Greenspaces Purchases Purchase first-refusal options Explore School District property exchange / Clarify City's Position on the Provision of Urban Services to Unincorporated Areas and in the Best the Interests of the Citizens of Tigard / Secure Long-Range Water Source(s) / Stabilize Financial Picture Review Financial Strategy Task Force recommendations Take appropriate action to control costs COUNCIL MINUTES -JANUARY 10, 2006 page 9 f Refuge at Fanno Creek, SDR 2005-00002.... Motion by City Council on January 10, 2006 Motion by Councilor Harding, seconded by Councilor Woodruff, to set this matter for a hearing on January 24, directing staff to provide notice to all participants in the proceeding and anyone else entitled to notice under the zoning code and also directing the staff to contact the railroad to determine if the railroad has any position on the scope and X applicability of the easement; directing the City Attorney's office to do the same. January 24, 2006, is the time for anyone to comment on the findings from the railroad and the City Attorney's office; also at this time, allowing to people to advocate as to whether or not the Council should even hear this matter. The proceeding will be confined to this narrow issue. 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 iAadm\cathy1arM20061060110 refuge at fanno creek - motion for council call up.doc January 10, 2006 - Council Discussion leading up to the motion on the request by Mr. John Frewing for call-up - Refuge at Fanno Creek Mayor Dirksen: What is the Council's feeling? Councilor Sherwood: My feeling is that if the railroad - if, indeed, the railroad won't - deny them access, it's going to go back through the process anyway. Councilor Wilson: Well not necessarily. Councilor Sherwood: In other words if they don't have that access, it's going to back through the whole review process again. Mayor Dirksen: It sounds to me like, I could be more comfortable with a definitive response from the railroad one way or the other so we have it documented or some testimony from the railroad saying "yay" or "nay" as opposed to right now, to my knowledge we have nothing one way or the other. Councilor Harding: And, I'd like it to be just that and hope it's that simple. If there is a procedural error, I think it's important that we know that, too. We don't know that, but I think some things... not known about otherwise. City Attorney Ramis: I think there's a couple of comments. One is, we will need to schedule this for a hearing, which means that our staff is going to have to send out notice in the best way we can given the timing. Second, if you're inclined to have a hearing on this single question, I suggest you add to that the question of whether the Council should open this up for review so that at least the other parties in the case have a chance to come and make the same case that's being made here about whether you should or shouldn't hear it. So, you've got to consider both issues at the hearing. Mayor Dirksen: So, in your opinion, process-wise, we can't open this up without a hearing just to the question of receiving a response from the railroad one way or the other. City Attorney Ramis: I think you can. I'm just suggesting that the safest course, I think, is if you're going to do that, have a hearing and allow people to address what ever information you receive from the railroad. And, then, second, let them comment on whether you should open it up or not. Just so that other people who might have a different point Page 1 of view on whether you should be opening it up can state that point. Mr. Frewing: I think that's fair. City Attorney Ramis: The factual question is, Can we get something from the railroad; what do they say; and then you can have people argue about whether that was adequate or whether it was in fact, authorized - but confine the issue. Councilor Woodruff. John, you didn't talk with the railroad? Mr. Frewing: I did not. Councilor Woodruff: It seems like that would have cleared this... something that wasn't in the public record.... Mr. Frewing: I didn't go through their record; and there's nothing in the records that says... Councilor Woodruff. ...some kind easement... first thing to do, if that's what you're basing your concern on, is to call the railroad... Mr. Frewing: I take may word back. The only time that I called the railroad was very early in the game. I think maybe when the notice of application, or something like that, and I asked them if there were an easement. The said they had never heard of the application and that was the end of the conversation. That was when Mr. Hall ...the name escapes me, their Contracts and Operation manager, whose name I got I think from Vannie Nguyen, because the City had dealt with the railroad... here on Wall Street Extension and I asked her what name who dealt with her - it was very early in the game. They hadn't heard....and I've not seen anything in the record since then nor did the applicant testify that there was any agreement. Mayor Dirksen: My personal recommendation would be to open it for the purpose of receiving - soliciting and receiving a response from the railroad on this issue. Councilor Sherwood: And, if the railroad does have a response, we wouldn't ...how do we go about it? Mayor Dirksen: In essence, we have to schedule a hearing where that response could be reviewed and commented on. Page 2 Councilor Wilson: I think that it shouldn't be just the railroad. I think our legal counsel should look at it, at the easement language and see whether they concur, because if the railroad says, "yeah, we don't care," still have to have an written easement somewhere. I think if there's, from what I know of easements - sometimes they just aren't clear - especially old things and whether they're poorly written or whatever - and so, I think the question is, how clear is it and if it is ambiguous, then is the railroad willing to fight it on the one hand or are they willing to grant an easement clarifying it. Councilor Woodruff. Can a decision be made tomorrow? Mayor Dirksen: I think if we make a motion tonight to reopen it, then it gives us the 14 days, correct? City Attorney Ramis: Issue notice tomorrow and that will be the best we can do. Councilor Woodruff. My question is, would it be possible to have a motion that would say: Staff would contact the railroad tomorrow - if Mr. Frewing's contention is correct: there's no such as an easement and they are, obviously unaware of most of this - then that would trigger the hearing. If that information shows that, yeah, we did provide an easement, then there's no reason to do this - it's already been accomplished. City Attorney Ramis: I'm a little reluctant to do that because it places in the context of a staff decision some pretty important... Mayor Dirksen: I would suggest that even if it does appear that there is an easement, that we would still have a hearing where that would be produced as evidence. That would make more sense. Councilor Woodruff. I don't think it's a hardship; I just think it's not good precedent. I think we're - as much as I respect your research; I think we're going out totally based on the good work that you've done - I would feel so much better if the railroad were here and you had some information in the last few days from the railroad, saying "we don't anything about this - there was an error made by the hearings officer and we agree with that." Mayor Dirksen: Well, if we were to take this on, it would be our due diligence... would have to verify... information. Mr. Frewing: Yeah, I can't give anything... recent days because the hearing closed what December - end of ....December 12... simply collect the material that was available on - during the hearing of Page 3 December 12 and it's not my ...it's not just my opinion. I tried to give you the exact documents from Washington County from which one can conclude.... City Attorney Ramis: Can I ask a couple of questions, so I can understand your argument. Are you saying that the language cited by the hearings officer, subject to an easement - the italicized language - doesn't exist as an easement or doesn't apply at this location or that its scope isn't broad enough to handle this, what is your contention with the language. Mr. Frewing: My contention is that the words cited by the hearing officer apply to some land other than the railroad property. Specifically, it applies to that east-west roadway on Attachment C, where it says Fee No. 79021430 - that extends all the way from Cascade Boulevard over to the railroad right of way. And, if you read the metes and bounds of the parcels, for example, go to the middle of parcel 2 description, where it says 237 - northeasterly boundary line of a 12-foot ....easement said iron pipe being 87 feet distant and the right angle at the centerline of Southern Pacific right of way and along said easement boundary to a point on the right of way line of the Southern Pacific Railroad. In other words, it follows along the right of way, but it doesn't go through. City Attorney Ramis: Across it. Mr. Frewing: That's my contention. Councilor Wilson: I wonder what would have been the purpose of such a right of way. Was it to provide access t the railroad right of way... Mr. Frewing: Mr. uh...The property owners - go to attachment C - the property owners on attachment C involved Winmar Pacific, which is Washington Square and Mr.....to the right and he was the owner of Centron, I believe. And, rather than take that long access out to Cascade Boulevard, the Washington County records show that he wanted a more direct route to Cascade Boulevard and, hence, one guy traded that one for that one plus S 15,000. Washington Square... Better access for these two property owners - Cascade Boulevard. Mayor Dirksen: On Attachment B Mr. Frewing: B? Mayor Dirksen: Yes. On the third paragraph down, whose opinion is that? Page 4 Mr. Frewing: This is a statement of the hearings officer. He's addressing Frewing issue No. 1. And, down at the bottom, Issue No. 2. I don't deny that the applicants submitted easement documents and he...Book 557, Page 16 15 No. 3 - and it even says here, subject to an easement passes to not through, to, that certain Southern Pacific underpass. City Attorney Ramis: Where is the underpass that's referred to in the language of easement? Mr. Frewing: It is there. City Attorney Ramis: That is the same underpass? Mr. Frewing: Yes, that's about a thousand feet ...it's shown on Attachment A where my arrow points to it... City Attorney Ramis: So, your argument, just to make sure I understand - Is that the easement grants access to Mr. Frewing: up to City Attorney Ramis: up to the underpass, but not through it. Mr. Frewing: Up to the railroad property... City Manager Prosser and Mayor Dirksen: It says up to the underpass. City Attorney Ramis: It says underpass. City Manager Prosser: Not to the railroad property - to the underpass... Mr. Frewing: But, when you read the easement, it doesn't have that metes and bounds - the metes and bounds only goes to the railroad property. City Attorney Ramis: access to...You would read that as saying... City Manager Prosser:... Southern Pacific underpass Mr. Frewing: It's actually in B, it says to City Manager Prosser:To the underpass. Page 5 Mr. Frewing: Yes City Manager Prosser: Not just to the railroad property. Mr. Frewing: Correct, but if you go back to Attachment No. D - dog - and read those property descriptions, and then over on page 615, the third page of Attachment dog - subject to easement for the parcels herein conveyed. And those parcels herein conveyed don't go all the way to the underpass. They stop at the railroad property. Well, I've been much too long here, I'm sorry. unknown $2300... Mayor Dirksen: We'll certainly need the city attorney review this as well ...offer his opinion as to the documents that are already in evidence. Mr. Frewing: This application is made complex by the fact that Morgan Tracy at one time was the planner dealing with this under a different application number and then he left and Matt Scheidegger was the planner for this application and he's gone. And so there's some complications there. Mayor Dirksen: Are we in agreement? Sufficient agreement on Council that we should make a motion to open this Councilor Woodruff: ...that's the way do it?... Mayor Dirksen: Yes, we'll need to have hearing so any evidence either this or an opinion on this evidence or any new evidence from the railroad... cross discussion Councilor Woodruff. I think we should have the staff do some homework and make some preparation. Mayor Dirksen: Does anyone want to make a motion? Councilor Harding: So moved. Mr. Attorney would give us the appropriate.... City Attorney Ramis: Well, I think it's - your intention is to set this matter for a hearing on January 24`h, directing the staff to provide notice to all the participants in the proceeding, anyone else titled to notice under our zoning code and that you're also directing the staff to contact the railroad to see if they have any position on the scope and applicability of easement; you're asking our office to do the same Page 6 and then setting a time, setting the 24`" as the opportunity for people who want to comment on those - on the findings from findings from railroad and our office to do so - and also allowing people to advocate as to whether or not you should even hear this matter. Councilor Woodruff. ...we're not reopening the whole hearing on all of the issues.... City Attorney Ramis The proceeding is confined to that narrow issue. Councilor Woodruff: Second. Mayor Dirksen: Moved and seconded. Council - any discussion - All those in favor say "aye" All City Council: Aye Mayor Dirksen: Any opposed? Motion passes. i9admlcathlnccm\2006\060110 - transcript - discussion leading to motion on refuge at fanno creek.doc Page 7 TIGARD CITY COUNCIL MEETING JANUARY 10, 2006 6:30 p.m. CITY OF TIGARD TIGARD CITY HALL OREGON 13125 Sid' 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 7:3012.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (I`DD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA -JANUARY 10, 2006 page 1 AGENDA TIGARD CITY COUNCIL MEETING JANUARY 10, 2006 6:30 PM • STUDY SESSION • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Krista Foltz • Follow-up to Previous Citizen Communication 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 December 13, 2005 3.2 Receive and File: a. Council Calendar b. Tentative Agenda COUNCIL AGENDA -JANUARY 10, 2006 page 2 3.3 Approve Budget Amendment #7 to the FY 2005-06 Budget to Increase Appropriations in the Mayor and Council Budget for Funding of Tigard's Contribution to the League of Oregon Cities for Telecommunication Litigation Expenses - Resolution No. 06-01 RESOLUTION 06-01 - A RESOLUTION APPROVING BUDGET AMENDMENT #7 TO THE FY 2005-06 BUDGET TO INCREASE APPROPRIATIONS IN THE MAYOR AND COUNCIL BUDGET FOR FUNDING OF TIGARD'S CONTRIBUTION TO THE LEAGUE OF OREGON CITIES FOR TELECOMMUNICATION LITIGATION EXPENSES 3.4 Initiate Vacation Proceedings for Several Small Pieces of Public Right-of-Way Along 68th Parkway and 691h Avenue North of Dartmouth Street; Public Right-of-Way Vacation (VAC2005-00004 and VAC2005-00005) - Resolution No. 06-02 RESOLUTION NO. 06-01 - A RESOLUTION SETTING THE DATE OF A PUBLIC HEARING REGARDING THE VACATION OF FIVE (5) SMALL PORTIONS OF PUBLIC RIGHT OF WAY TOTALING 3,392 SQUARE FEET ALONG 68'1*H PARKWAY AND 69TH AVENUE WHICH ADJOIN TAX LOTS 1S136DD-03001, 1S136DD-06100, 1S136DD-6300, 1S136DD-06600, AND 1S136DD-06700. THESE PARCELS ARE OWNED BY THE PETITIONERS AND ARE LEGALLY AND GRAPHICALLY DESCRIBED WITHIN EXHIBITS "A-1, B-1/A-2, B-2/A-3, B-3/A-4, B-4/A-5,B-5." 3.5 Local Contract Review Board a. Adopt Revisions to the City of Tigard's Public Contracting Rules as Required by New State Laws - LCRB Resolution No. 06-01 LOCAL CONTRACT REVIEW BOARD RESOLUTION NO. 06-01 - A RESOLUTION ADOPTING REVISIONS TO THE CITY'S PUBLIC CONTRACTING RULES AS REQUIRED BY NEW STATE LAWS • Consent Agenda - Items Removed for Sebarate Discussion: Any items requested to be removed firm the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 4. STATE OF THE CITY ADDRESS • Mayor Dirksen 8:00 PM 5. INTRODUCE NEW CITY LOGO • Mayor Dirksen COUNCIL AGENDA -JANUARY 10, 2006 page 3 8:10 PM 6. UPDATE - FOURTH QUARTER 2005 CITY COUNCIL GOALS • Staff Report: City Administration 8:25 PM 7. INTRODUCE 2006 CITY COUNCIL GOALS • Mayor Dirksen 8. COUNCIL LIAISON REPORTS 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 11. ADJOURNMENT had m\cathy\cca\2006\060110.doc COUNCIL AGENDA -JANUARY 10, 2006 page 4 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING January 10, 2006 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • STUDY SESSION • EIZECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. > ADMINISTRATIVE ITEMS ❑D Review draft of the 2006 City Council goals Review proposal for City of Tigard logo D Finalize travel plans for Congress of Cities Conference - March 11-16 ❑D Cancel the March 14, 2006, City Council meeting? ❑D Status of Court of Appeals Case: John Frewing v. City of Tigard and Windwood Construction > COUNCIL CALENDAR January 10* Tuesday Council Business Meeting - 6:30 pm, Town Hall 16 Monday Martin Luther King, Jr. Day - City Offices Closed 17 Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 24 Monday Council Business Meeting - 6:30 pm, Town Hall 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) (fl - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h).- Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) 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. iAadmkathytcouncihpink sheet - study session agendasQO0510601 I Ops.doc FILED: Dece ber 7, 2005 IN THE COURT OF APPEALS OF THE STATE OF OREGON JOHN FREWING, ) RE EIVED LUBA No. 2005-042 DE 0 8 2005 Petitioner,. ) CREW 00 A LLP V. ) ATTO LAW A130080 CITY OF TIGARD and WINDWOOD ) CONSTRUCTION, ) Respondents. ) Submitted on record and briefs: November 10, 2005 Before Haselton, Presiding Judge, and Armstrong and Rosenblum, Judges Attorney for Petitioner: John Frewing pro se Attorney for Respondent City of Tigard: Gary Firestone Attorney for Respondent Windwood Construction: Christopher P. Koback AFFIRMED WITHOUT OPINION DESIGNATION OF PREVAILING PARTY AND AWARD OF STS Prevailing party: Respondents [ ] No costs allowed. [X] Costs allowed, payable by: Petitioner Sal c d Se ss; D,C* Sally's suggested DRAFT Tigard City Council Goals - 2006 Ongoinggoals continued from 2005 ► Revise City of Tigard Comprehensive Plan ❑ Complete draft by year-end ► Implement Downtown Plan ❑ PR for Urban Renewal Measure ❑ Purchase land for public gathering space downtown ❑ Build skate park ❑ Implement catalyst projects (add a few items to list) ► Improve 99W Corridor 0 Complete Transportation Growth Management (TGM) Study ❑ Continue Greenburg Road intersection project 0 Continue Hall Boulevard intersection project New Goals for 2006 ► Improve Communication and Relationship with Citizens ❑ Get new Neighborhood Program in place 0 Conduct city-wide scientific survey/report card on City services 0 Connect Council with students in schools ► Consider Opportunities for Major Greenspaces Purchases 0 Purchase first-refusal options ❑ Explore School District property exchange ► Clarify the City's position on the provision of urban services to unincorporated areas. - DELETE: and protect the interests of the citizens of Tigard - or rephrase, as could be interpreted as sounding antagonistic for future anexees. / Secure Long-Range Water Source(s) ► Stabilize Financial Picture ❑ Review Financial Strategies Task Force recommendations ❑ Take appropriate action to control costs Medm"acet V5=0106\dmft camas goals for 2M.Wc TIGARD HIGH LEADERSHIP 9000 SW DURHAM ROAD • TIGARD • OREGON* 97224 (503) 43 1 -551 8 0 FAX (503) 43 1 -541 O HTTP://THS.TTSD.K1 Z.OR.US/LEADERSHIP/HOME.HTML L W40 00 . City Council Student Report: January 10, 2006 t Student Envoy: Krista Foltz ~~`N©h~i%g Less r .r I. Academics aW*esbrector a. Progress Reports were sent out during utly Winter Break b. Finals Week is January 23r1-27th s Fo r II. Athletics a. Girls Basketball won their Holiday yi+ce presid W tournament in Lake Oswego J: illan atlke ~ , n., x b. Boys Basketball went 7-2 during Winter Act(vities Break, making their overall record 8-5 asm c. Tigerettes are preparing for the State ~na ;Dizdarevic ,Y competition coming up in March Ill. Arts e . ; . Iva ` ' a. Choir I. Soloists are preparing for Solo & r yrer ; $ Ensemble later in the Spring ar (e Viand Q~ b. Band ,z.. Nub, eiations I. Will perform at our upcoming `ste ' Senior Citizen's Prom r c. Theatre As'se ies I. Auditions for "The Revenge of the ~,cry x Jae ; s,eQh~ Space Pandas" IV. ACTIVITIES 1~Sprrit ~ ~ neg. 0 ne I. This Week: Human Rights Week January 9-13' theme is "Keep It P 7 ci lly Real V " H'" 1. Debbie Southorn spoke at Tech= 'a r the assembly, one of our best Speech team i members }ii. Senior Citizen's Prom 1. February 11, 2006 a 2. 1-3 pm in the cafeteria 3. Call main THS office for =h- ,u T transportation needs 4 ' ' F iii. MORP 1. Feb 11, 2006 (8-11 pm) 'r AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE : JANUARY 10, 2006 (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. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED FPR 50 I-6311-1 I ( 9 }Z L~ L CITIZEN COMMUNICATION Page 1 Refuge at Fanno Creek, SDR 2005-00002.... Motion by City Council on January 10, 2006 Motion by Councilor Harding, seconded by Councilor Woodruff, to set this matter for a hearing on January 24, directing staff to provide notice to all participants in the proceeding and anyone else entitled to notice under the zoning code and also directing the staff to contact the railroad to determine if the railroad has any position on the scope and applicability of the easement; directing the City Attorney's office to do the same. January 24, 2006, is the time for anyone to comment on the findings from the railroad and the City Attorney's office; also at this time, allowing to people to advocate as to whether or not the Council should even hear this matter. The proceeding will be confined to this narrow issue. 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 i:tadmlcathylccrnt2006\060110 refuge at fanno creek - motion for council cell up.doc CAI ~►~m. ► /~ol~s REQUEST FOR CITY COUNCIL REVIEW OF HEARINGS OFFICER DECISION REFUGE AT FANNO CREEK, SDR 2005-00002 ET AL. j0h n DECISION DATE: 12/27/05, EFFECTIVE DATE: 1/12/06'U 120 DAY LIMIT FOR TIGARD DECISION: 1/24/06 The proposed Refuge at Fanno Creek is a development at 10225 North Dakota Street; nine condos and two office buildings are proposed. This site lies between the W & P railroad on its east, Fanno Creek on its west, North Dakota Street on its south and Nimbus Avenue (extended) on its north. The land is low lying and includes the junction of Ash Creek and Fanno Creek near its southern end. See Attachment A. Pursuant to the Tigard Code, a Type IIIA hearing was held on November 14 and December 12, 2005. 1 testified at that hearing, opposing approval of a development permit on grounds that the applicant did not control all of the property proposed for development - specifically there was no easement across the W & P railroad (RR) property for a proposed alternative access. Applicant has proposed such access and claimed that such an easement exists. In his opinion, the Hearings Officer copied the representation of applicant, stating that the applicable easement is found in the Washington County Records, Book 567, Page 615, Number 3. See Attachment B. I disagree with the Hearings Officer and the applicant, and attach relevant documents for your review: Attachment C is the map from Easement 9500015055, cited by applicant as granting access across RR property - it shows an easement from Cascade Blvd TO the RR property, but not ACROSS the railroad property. Attachment D is the complete Bargain and Sale Deed from Washington County Records and relied upon by the Hearings Officer - Parcels 1 and 2 are described and an easement across Parcels 1 and 2 are granted; I assert that they are the two east-west portions of the roadway shown as Fee No 79-021430 between the RR and Cascade Blvd in Attachment C. Attachment E forms the key basis for my assertion; it is a map from the Washington County Surveyors office locating the point "16 chains north of the SW Corner of D.C. Graham D.L.C. No. 52" which begins the description of Parcels 1 and 2 in Attachment D. The Hearings Officer decision is in error and should be reversed. The appeal period for the Hearings Officer decision ends 1/11/06. The cost to appeal his decision is $2387 for me. I simply do not have such funds to make this appeal. However, the applicable Oregon Revised Statutes, ORS 227.180, shows that you, the appellate authority, may, on its own motion review the Hearings Officer decision. See Attachment F. I am asking that you, by simple motion, review the Hearings Officer decision in the matter of Refuge at Fanno Creek for a period not to exceed 14 days. This will allow you to make a final local decision on this matter on January 24, 2006 (your next scheduled business meeting), and still within the 120 day review period allowed by state law for land development applications. You may choose to ask staff, applicant or myself questions during this review. Such motion may be made and approved as part of "other business" at the conclusion of tonight's meeting; I plan to stay until that time in case you have questions of me. Attachment A Map of Refuge at Fanno Creek Attachment B Hearings Officer opinion that an easement exists across RR property Attachment C Map of property between RR property and Cascade Blvd Attachment D Deed of property between RR property and Cascade Blvd Attachment E Map: starting point of described property between RR property and Cascade Blvd Attachment F ORS 227.180 (relevant portion) ohn Frewing 1/ 10/06 1 - s "ono . ( ? 1 1 is, /',♦-L°~~ °`54,~ + ~ \ -'try \ T~ 1 TAtt IOT t] . tie--Z1 '1 Fr', 1 w7s b5 + \ ` ♦ s . ~Q- sm 4 Fi 1 005-QOOr7., r4 SIL pR2005-00()Ioll R2 ~pF S VpR2005-00055 & 54 'he A~Np CRS `a S REF V GE AY F. re ,isic Hz The City Council designated this site as MUE-2, by which I understand that it wanted to see compatible development commensurate with the site's physical characteristics. The policy choice was not open space or some other equivalent. The task is to approve something that would fit on this very constrained site and not to search every plausible theory, however self contradictory, in order to find an excuse for denial. But to respond to every conceivable theory proposed for denying this application, I have to respond to the opponents arguments. We start with Mr. Frewing's 26 issues: JOHN )FREWING Issue 1: an alternate access is proposed; the applicant should show clear ownership or authority, to all aspects of that access. The applicant submitted easement documents for all of the existing easements benefiting the property. The easement in question and its purpose under the railroad tracks is shown in book 567 page 615 number (3). "Subject to an easement to Members ofthe Public for access to that certain Southern Pacific Railway Under-Pass lying approximately one thousand feet northwesterly of Southwest Dakota Street under the Southern Pacific Railway tracks and westerly of the parcels herein conveyed " The applicant has the right to use the easement for an alternative access as proposed and will be working with the railroad in the final design which would be necessary egardless. This issue is raised again by Mr. Frewing as Issue A on December 5, 2005. The language quoted contradicts Mr. Frewing's argument that the easement is to the railroad right-of-way only. The easement is to the underpass for members of the public. The applicant has provided evidence of their ability to utilize the easement under the railroad. The applicant also argues, just in case, that only one access is required for the proposed development, which is why TVRF has required a sprinkler system. The applicant is nevertheless proposing a second access for emergency use. TVFR has reviewed the applicant's plan and approved the alternate access as described in response to Mr. Frewing's Issue 4 through 6 below. The evidence also shows that the conduit attached to the railroad will be moved upwards to be out of the clear space and not obstruct access and that easement will be graded and paved allowing the largest TVFR to pass through, even under Mr. Frewing's calculations. The applicant's engineer and TVFR are more credible than Mr. Frewing, whose credentials have not been established, on the issue of adequacy of the easement to provide second emergency access. The easement clearly exists under the railroad. Issue 2: the incursion into wetland areas is inconsistent with Section 360 of the code. Alternative construction techniques, such as building on pilings, would be more appropriate. Wetland incursion has been raised by several parties. The applicant is not proposing an incursion into a wetland area other than minor areas to complete the access drive. The applicant is giving regard to the natural environment by reducing the width of the proposed access drive to limit impacts to the wetland resources. The applicant is also giving regard to wetlands by removing non-native species such as Himalayan blackberry and replanting all of the existing wetland buffers adjacent on the development area in accordance with Clean Water Services standards except for one small area in the northwest corner of the site which is the only area determined to be in good condition. The removal of non-native species and new plantings in the wetland buffers in turn enhance the appearance of the City which is also in the purpose statement of Chapter 360. The REFUGE AT FANNO CREEK(5DR2005-00002) PAGE 10 OF 40 I •1. fF'.i=kl.'y..r .11'cw ..1: ..FJ'.. ::7 "•.C.~:^;~f{:,• :•L:• r~"a: b,: r . xL J I' l.. I Ili ' Plr 1'r<:t..I..1. .'~•:.iP 1. ..li i~ .1. - :.',!i::..ti3~1 Y,]l i~•rQ ,I 1 ~ i C.' 'I l 'I`' I 111 i I i unn!IUmp1G ll~i~u1 uriiBl ~f+vag` ^ui IMloll l11 111: ;iu i: 'r~ i~ ..,.,...».!!I.... _1_ ~I • I I II ~ E ~ i 1 III ,M, r lI i. 11I'!{ ! :Iii. I:I;It•ri5:h1 1.xr ,7 11'. r Yly, 1dd1pp4 t:a,,; 17 i_ 4~! I(~I ell lti?r;;"r.. , . i..•:;y: ( a-t`.TERW OEXHISIT ('04 ILt Imo. ~i~.I 1 it ,.1: it LJ J';` OR C0,0~ ~ ,I, ' Y' •~cJ:...;1_ i.... 1 1 ~',..:.I J,'.:~li "7r ~N C11 CASCADE SLW. \ 1 'T` i II' ! _ I~.:.: • 1-Z 31 \ 06-29,51, rF~, ! \ \ \ ~R 30500' l.! ' 1 ' .SI11 \ L ~ 34.39' R F.. \ R 9' X" \ R 2100" ` R : 2500'34 \ L 15.8i I I• L a 17.20' ~i N51'44'04'r 47V624* J5.28 R - 60.00' FEE NO. 1 L 49.JJ' 93-026084 i •I \ A 47176'24' T ~I l I I - \ L = 64.00. S5I'44'041Y j!! y ! \ N711S'41E 1-200' N04 J7'40'E S0477'40'N 15.81' •I S837220F 147 J6' /IS.et' TRuE PaNr OF BEGINNING II' 2J797' Na FEE NO, 79-021430 ;i. \ ~ S?220'W 161.86• ~ „r- - w- - -~~r~ ~ ~ ;.:-I'!. ~ + II - \ roo •41'w Sn4lr4o'w I ! 't .~yf i - All I I r _..v`I \ FEE NO. 93-030887 PACIFIC M,, 5 o .e.0 V~ Napo 0- w 60' l 04£Y 29, 1974 I 4G± 1+? iia'f' ' t i~tiii®iuaitdIDll~iim~!'t• _ ~~uvuuantlauularall;nln"'TT'tt-r_t 1 , ! ~r I~ I' I 1'tl„I j~,r, t 5417 BARGAIN AND SALE* DEED i f KNOW ALL MEN BY THESE PRESENTS, that RALPH G. COAN and SHIRLEY COAN, husband and wife, and JEROME S. BISCHOFF and BARBARA BISCHOFF, husband and wife, in consideration of One Dollar ($1.00) and other valuable consideration to them paid by NEAL K. GRIMSTAD and ELSIE I. GRIMSTAD, husband and wife, do hereby grant, ti bargain; sell and convey unto said NEAL K. GRIMSTAD 't and ELSIE I..GRIMSTAD, their heirs and assigns, all the following real property, with the tenements, heredita- meats and appurtenances, situated in the County of 6 Washington and State of Oregon, bounded and described :d as follows, to-wit: Parcel 1. Beginning at the Southwest corner of the D. C. Graham D.L.C. No. 52 in Section 35, T.I.S., R.I.W., W.M., and running thence N V 14' W - 1056.0 ' feet (Deed, North - 16 chains) to a stone monument, said monument marking the Southwest corner of the Herbert Olson"tract as recorded in Deed Book 304 at Page 99, Record of Deeds for Washington County, Oregon; thence along the Westerly boundary line of said Olson "y tract N V 14'•W - 12.05 feet to an iron pipe; said iron pipe marking the true point of beginning of this description; thence S 89° 22' E - 11.39 feet along 4 the Northerly boundary line of a 22.0 foot private easement to ar- iron pipe; thence N 87° 33' E - 59.78 feet to a point of intersection with the arc of a r 100.00 foot radius curve; thence along said curve to the left (through a central angle of 32° 12') a distance of 56.19 feet along the arc; thence S 89° 22' E - 69.55 feet along the Southerly right-of-way line of a 50.0 foot access road to an iron pipe; %f thence S 87° 33' W - 182.92 feet along the South- erly boundary line of a 22.0 foot private easement to a point; thence N 89° 22' 14 - 10.67 feet to a point which is S 1° 14' E - 22..09 feet from the true point of beginning of this description; thence N 85° 22' W - Page 1-Bargain and Sale Deed PQp~{ 567 PA6.613 5417 ` 230.39 feet along the Southerly boundary line of i; said 22.0 foot easement to a point of intersection with the Northeasterly boundary line of a 12.0 foot private easement, said point also being 87.0 feet distant at right-angle from the Center.-line of the Southern Pacific Railroad right-of-way; thence along said Northeasterly boundary line and running psrallal with said Southern Pacific Railroad right-of-way line N 18° 43' W - 23.96 feet to an iron pipe; thence S i 85° 22' E - 237.63 feet along the Northerly boundary line of said 22.0 foot easement to the true point of beginning of this description. Parcel 2. Beginning at the Southwest corner of the D. C. Graham D.L.C. No. 52 in Section 35, T.I.S., R.l. W., W.M., and running thence N V 14' W - 1056.0 feet (Deed - North - 16 chains) to a stone monument, said monument marking the Southwest corner of the Herbert Olson tract as recorded in Deed Book 304 at Page 99, Record of Deeds for Washington County, Oregon; thence elong the Westerly boundary line of said Olson, tract N V 14' W - 12.05 feet to an iron pipe; thence N 85° 22' W - 237.63 feet to an iron pipe set at an inter- section with the Northeasterly boundary line of a 12.0 foot private easement, said iron pipe being 87.0 feet distant and at right-angle to the center-line of the Southern Pacific Railroad right-of-way, and also being the true point of beginning of this description; thence S 18° 43' E - 23.96 feet along said easement boundary line to a point; thence S 71° 17' W - 12.0 feet to a point on the Northeasterly right-of-way line of the Southern Pacific Railroad; thence N 18° 43' W - 23.96 feet to an iron pipe set in said Southern Pacific right-of-way line; thence N 71° 17' E - 12.0 feet to the true point of beginning of this description. i Each of the foregoing parcels is subject to the ` j following exceptions: (1) Easements of record heretofore granted to the Metzger Sanitary District and the Metzger Water District for the construction and maintenance of water and/or sewer lines or facilities. (2) Subject to a reservation for a right-of-'way for a railroad spur or a crossing at such elevation as may be Page 2-Bargain and . p Sale Deed 80 1( 567 FAr- 614 ~ • • ti s 5417 . r selected by the Railroad or Grantors, a (3) Subject to an easement to members of the r Public for access to that certain Southern Pacific Rail- way Under-Pass lying approximately one thousand feet northwesterly of Southwest Dakota Street tinder the Southern Pacific Railway tracks and westerly of the parcels herein conveyed. To Have and To Hold, the above described and granted .i premises unto the said NEAL K. GRIMSTAD and E:S IE I. 1 GRIMST.AD, their heirs and assigns forever. - IN WITNESS WHEREOF, the Grantors above named hereunto - :g set their hands and seals this 27th day of August ci 1965. (SEAL) (SEAL) (SEAL) (SEAL) STATE OF OREGON ) ss. County of Multnomah ) i BE IT REMEMBERED, That on this 27th day of August , 1965, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within `i "age 3-Bargain and Sale Deed Boa 567 e.cF 625 n. ..;..Pq 17 1 ~ I I r lcx~ 111 \ .____L____~__..1 mu e.v bo„d,.l. 3RRR. doFum. (~•,}1/-L-L"~ TT 1 ~!!lJAel! f 1 1, \ y y ~ SURIfY O.l PMJRfRT✓ /JR GLOVO 1Z RJB/NCYT S/TUAYCG° /N : Nf Nn'IG r 1~ I2 OilLC. lL~TFJ.R/~N, MtN, ,vAJNiAV'TON CJU T ~ ORSGaN 1 ~ 1\\ ' OREGJH 1 ~ \ °KUio L~f4 n, 1\ \ov FFFooo ~ 9 \ \ \ \1 i _ _ Gpt4 : i X aw.r nw,./ ; I ' OREGON REVISED STATUTE 227.189 REGARDING CITY DEVELOPMENT PERMITS 227.180 Review of action on permit application; fees. (1)(a) A party aggrieved by the action of a hearings officer may appeal the action to the planning commission or council of the city, or both, however the council prescribes. The appellate authority on its own motion may review the action. The procedure for such an appeal or review shall be prescribed by the council, but shall: (A) Not require that the appeal be filed within less than seven days after the date the governing body mails or delivers the decision of the hearings officer to the parties; (B) Require a hearing at least for argument; and (C) Require that upon appeal or review the appellate authority consider the record of the hearings officer's action. That record need not set forth evidence verbatim. (b) Notwithstanding paragraph (a) of this subsection, the council may provide that the decision of a hearings officer or other decision-making authority in a proceeding for a discretionary permit or zone change is the final determination of the city. (c) The governing body may prescribe, by ordinance or regulation, fees to defray the costs incurred in acting upon an appeal from a hearings officer, planning commission or other designated person. The amount of the fee shall be reasonable and shall be no more than the average cost of such appeals or the actual cost of the appeal, excluding the cost of preparation of a written transcript. The governing body may establish a fee for the preparation of a written transcript. The fee shall be reasonable and shall not exceed the actual cost of preparing the transcript up to $500. In lieu of a transcript prepared by the governing body and the fee therefor, the governing body shall allow any party to A"I 0 F l ~'`~Vt lN'(y ^/V.l l~ r r w C) t. fiWh Creak on tight ` FanC" eek, contlue-~ne Street north tram North Dakota Looking 0 PM i2J3012006 yw I. 7 Y, A s s u-I ; s(2 n comry-~ c c-tu6') o~ Fu cmnu a&sh Cnew w right i 1^ \ } y? y„ kirwk i J w<nwl~mnwtmmxormmmustred f~ t . ~ .190 PM 12RRdDS 1.. i• ~ ' ~ ~ KYH Jn: 'I s r i t. r i i~T. ~~i r III: x 47 MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council Agenda Item No. OL For Agenda of January 10, 2006 FROM: Cathy Wheatley, City Recorder 00" DATE: January 3, 2006 SUBJECT: Three-Month Council Meeting Calendar Regularly scheduled Council meetings are marked with an asterisk January 2 Monday New Year's Holiday - City Offices Closed 6 Friday Special Council Meeting - Goal Setting - Noon - 5 p.m.; Second Floor Library Conference Room 10* Tuesday Council Business Meeting - 6:30 pm, Town Hall 16 Monday Martin Luther King, Jr. Day Holiday - City Offices Closed 17* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 24* Tuesday Council Business Meeting - 6:30 pm, Town Hall 31 Tuesday 5th Tuesday Council Meeting - 7-9 p.m., Tigard Water Auditorium February 14* Tuesday Council Business Meeting - 6:30 pm, Town Hall 21* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 20 Monday Presidents Day Holiday - City Offices Closed 28* Tuesday Council Business Meeting - 6:30 pm, Town Hall March 11-15 Sat-Weds. Congressional Cities Conference 14* Tuesday Meeting to be rescheduled 21* Tuesday Council Business Meeting - 6:30 pm, Town Hall 28* Tuesday Council Business Meeting Canceled Oadm\ ily cound113-month calendar for 12-13-05 cc mtg.dodAadmkity counciN-month calendar fort-10-00 cc mtg.doc 1 Agenda Item No. -3, a b, ° Tigard City Council Tentative Agenda 2006 Meeting of I - I D - OHO Meeting Date: January 17, 2006 Meeting Date: January 24, 2006 Meeting Date: January 31, 2006 Meeting Type/Time: Workshop/6:30 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: 5th Tues/7 PM Location: City Hall Location: City Hall Location: Water Building Aud. Greeter: Greeter: Greeter: Dennis Materials Due @ 5: January 3, 2006 Materials Due @ 5: January 10, 2006 Materials Due @ 5: January 17, 2006 Workshop Agenda Study Session Fifth Tuesday Meeting Councilor Woodruff will be absent. Joint Meeting with Budget Committee - Tom I. - Confirmed: Stacie Yost will facilitate. 40 min. SI Discuss Annexation Policy - Tom C - 45 min. Discuss Mayor & Council Budget - Liz - 15 min. Commuter Rail Station - Tom C. - 45 min. Consent Agenda Budget Amendment No. 8 - Parks Capital Improvement - Tual. River Bicycle and Pedestrian Bridge - RES - Tom I. Business Meeting Tigard Vision - 2005 Accomplishments Update - Liz & Loreen - 20 min Presentation - Tual. Riverkeepers - Liz - 20 min. Presentation - Metro Councilor Hosticka - Pro- posed Bond Measure - Dennis - PPT - 20 min Adopt Amended Tualatin River Bicycle & Ped Bridge IGA Adding CWS as Partner in Bridge Ownership - Dennis/Dan - 20 min. Consider Purchase Agreement for Real Property Related to 550-Foot Zone Reservoir No. 2 - Dennis/Brian R. - 10 min. Park & Greenway - Potential Land Acquisition - Inf. PH RES - Dennis/Dan P. - 10 min. Time Avail.: 200 min. - Time Scheduled: 145 min Time Avail.: 135 min. - Time Scheduled: 100 min Time Left: 55 min. Time Left: 35 min. Chamber Rep - Citizen Comm. 1/3/2006 1 Tigard City Council Tentative Agenda 2006 Meeting Date: February 14, 2006 Meeting Date: February 21, 2005 Meeting Date: February 28, 2006 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting TypelTime: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: January 31, 2006 Materials Due @ 5: February 7, 2005 Materials Due @ 5: February 14, 2006 Study Session Workshop Agenda Study Session Executive Session - Labor Negotiations - Sandy - 20 min. Joint Meeting with Planning Commission - Executive Session - Open Space & Land Acqui- Tom C. - 30 min. - SI sition - Dennis/Dan 20 min Consent Agenda Consent Agenda Business Meeting Business Meeting Finalize Formation of Sewer Reimbursement PHQJ - Vacation of Un-Named Right of Way Dist. 31 (SW O'Mara/Edgewood) - PPT PH Near 74th Ave. & Durham Rd. - ORD - Tom C. - RES - Gus/Greg B - 10 min 10 min. Finalize Formation of Sewer Reimbursement PHQJ - Vacation of Portions of Right of Way on Dist. 35 (SW Ash Ave) - PPT PH 68th Parkway and 69th Avenue - Tom C./Dick B. RES - Gus/Greg B - 10 min ORD - 10 min. Finalize Formation of Sewer Reimbursement Dist. 36 (SW 93rd Ave) - PPT PH RES - Gus/Greg B - 10 min Time Avail.: 135 min. - Time Scheduled: 30 min Time Avail.: 200 min. - Time Scheduled: 30 min Time Avail.: 135 min. - Time Scheduled: 20 min Time Left: 105 min. Time Left: 170 min. Time Left: 110 min. THS Student Envoy - Citizen Comm. 1/3/2006 2 Tigard City Council Tentative Agenda 2006 Meeting Date: March 14, 2006 Meeting Date: March 21, 2006 Meeting Date: March 28, 2006 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: February 28, 2006 Materials Due @ 5: March 7, 2006 Materials Due @ 5: March 14, 2006 Study Session Workshop Agenda Study Session Joint Meeting with Budget Committee - Tom I. - Congressional Cities Conference - 40 min. SI To be announced whether meeting is re- scheduled or canceled. Consent Agenda Consent Agenda Business Meeting Business Meeting Time Avail.: 135 min. - Time Scheduled: min Time Avail.: 200 min. - Time Scheduled: min Time Avail.: 135 min. - Time Scheduled: min Time Left: min. Time Left: min. Time Left: min. THS Student Envoy - Citizen Comm. 1/3/2006 3 AGENDA ITEM # 3. -3 FOR AGENDA OF January 10, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Approving_ Budget Amendment #7 to the FY 2005-06 Budget to Increase Appropriations in the Mayor & Council Budget for Funding of Tigard's Contribution to the Lea u Oregon Cities for Telecommunication Litigation Expenses PREPARED BY: Michelle Wareing/Nancy Werner DEPT HEAD O CITY MGR OK_j~2e ISSUE BEFORE THE COUNC Shall the City Council approve Budget Amendment # 7 to increase appropriations in the Mayor & Council budget to fund Tigard's contribution to the League of Oregon Cities to assist with legal expenses related to the Qwest v. Portland litigation? STAFF RECOMMENDATION Staff recommends approval of Budget Amendment #7. INFORMATION SUMMARY On December 13, 2005, the City Council gave approval for the City to contribute 2% of its telecommunication franchise fees or $6,656 to the League of Oregon Cities (LOC) to assist with legal expenses for eight Oregon cities participating in Qwest v. Portland litigation. The contributions will help pay the intervening cities' legal fees as the remand phase of the litigation continues. The outcome of this litigation is significant because it likely will set an important precedent on the extent to which Oregon cities can collect revenue-based franchise fees or privilege taxes and manage their rights-of-way under the Act. The litigation began in 2001 when the City of Portland sued Qwest for failure to pay fees for use of the City's rights-of-way. Qwest then claimed that revenue-based fees and provisions of Portland's ordinances violate the Federal Telecommunications Act of 1996 (the "Act"). Qwest stopped paying franchise fees to all Oregon cities at that time. Because this case involves important rights-of-way issues that could impact all Oregon cities, the LOC organized the intervention of eight other cities in the case and has asked Oregon cities to contribute to the legal expenses of these cities. (The City of Portland is paying its own fees.) Oregon cities won an important victory when the District Court ruled that the cities' ordinances and revenue-based fees do not violate the Act. Qwest resumed paying franchise fees at that time, but appealed the District Court decision. The Ninth Circuit Court of Appeals upheld the District Court's ruling regarding revenue-based fees, but remanded the case back to the District Court for a review of each provision of the cities' ordinances to determine if they are permissible under the Act. The Mayor & Council budget does not have sufficient appropriations to cover the contribution. This budget amendment will increase appropriations in the Mayor & Council budget by $6,656 and reduce the General Fund Contingency by the same amount. OTHER ALTERNATIVES CONSIDERED Do not approve Budget Amendment 97 VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST Resolution including Attachment A FISCAL NOTES This resolution will transfer $6,656 from the General Fund Contingency to the Mayor & Council Division Budget to fund the contribution to the LOC. AGENDA ITEM # 3. FOR AGENDA OF January 10, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Initiate vacation proceedings for several small pieces of public right-of-wa along 68h Parkway and 69th Avenue north of Dartmouth Street; Public right-of--way Vacation (VAC2005-00004 and VAC2005-00005 . PREPARED BY: Dick Bewersdorff DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council initiate vacation proceedings for five (5) small portions of public right-of-way totaling 3,392 square feet along 68`x' Parkway and 69th Avenue which adjoin tax lots 1 S 136DD-03001, 1 S 136DD-06100, 1 S 136DD-06300, 1 S 136DD-06600, and 1 S 136DD-06700. These parcels are owned by the petitioners and are legally and graphically described within exhibits "A-1, B-1/A-2, B-2/A-3, B-3/A-4, B-4/A-5, B-5". STAFF RECOMMENDATION It is recommended that the City Council accept the petition for vacation by resolution and schedule this matter for public hearing. At the public hearing, or after due consideration, the Council may by ordinance approve, approve with conditions, or deny the vacation request. INFORMATION SUMMARY The applicant, Specht Development requested the Council initiate, this Vacation on September 9, 2005 (Attachment 1, Vacation request). After initiation the next step in the process is for the City Council to hold a public hearing on February 28, 2006. As indicated in the attached exhibits, the applicant is proposing certain dedications for which the City has received legal descriptions. These will allow for streets to be constructed to City standards. Any recommendation for approval will be subject to completing those dedications. The applicants are requesting the vacation of five (5) small portions of public right-of-way totaling 3,392 square feet along 68`" Parkway and 69th Avenue north of Dartmouth Street. OTHER ALTERNATIVES CONSIDERED No action. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachment 1 - Proposed Resolution setting the date for public hearing including legal descriptions and maps - (exhibits A-1, B-1/A-2, B-2/A-3, B-3/A-4, B-4/A-5, B-5). Attachment 2 - Overall Map indicating vacations and dedications. Attachment 3 - Vacation request including exhibits for dedications. FISCAL NOTES There are no direct fiscal impacts as a result of this request, as all fees have been paid by the applicant. s f , RIGHT OF WAY MAP ATTACHMENT 2 s Sid V R- <.e Cf W IZ S o' • 1.931 of w j 0 SW. 68TH PARKWAY S.W. 68TH PARKWAY_ - - - - g- - - = - - - g - - - -7 7 i I 11i 3 R O.W. VACATION _ WITH OUT CHANGE TL 6600 TO 68TH AVE AREA = ±220 SF I (0.= ACATION TL 6700 U71 SF W. V R.OX 1L 3001 AREA = ±1418 SF 9.& 6= 00~ AREA DEDICATION RO.W. DEDICATION 11897 Sr I 98056127 Q AREA = ±791 $F; DOC I AREA = ±6496L 9 ' -1 7 X709 \yp 6TH CHANCE TO ; 68TH AVE i ROX DEDICATION F! Z-1 FLL65100 116200 BLOCK 12 4,~' gy AREA = ±765 SF sit TL 2900 9.96 9 SF TL 341 DO1980 TL 6300 ' I ' 98121836 ~ 7 ~ PAGE 311 39753 I MCI DOp I I 96060196 I 98056127 1 1 ? c 25' Rkru ---._~m.-.------= R.O.W. DEDICATION .~._25'RADIUS ` 4 ST- R.O.w DEDICATON J S.W. 69TH AVENUE S.W. 69TH AVENUE 25' RADIUS rV60s AREA ±134 SFR.o.w. vacatlQN AREA ±1155 SF TOTAL AREA OF NORTHERN BLOCK WITH ALL -TOTAL- AREA OF NORTHERN BLOCK WITH ALL ADJUSTMENTS = ±53,084 SF I I I ADJUSTMENTS = ±66,676 SF I TOTAL AREA OF NORTHERN BLOCK WITHOUT THE TOTAL AREA OF NORTHERN BLOCK WITHOUT THE R.O.W. VACATION = ±52,864 SF R.O.W. VACATION = ±63,417 SF Izn,,aeAIwa ww"Evo; t SCALE 3' = 90FEET n 7(I op IL `VAN a . [R.1 wt "13 J06 NAM 55 4[Tl 4OF 6 ` r SPECHT ATTACHMENT 3 SPECHT PROPERTIES SPECHT DEVELOPMENT September 9, 2005 15400 S.W. Millikan Way • Beaverton OR 97006 503/646-2202 Fax 503/626-8903 wwW.spechtprop.com City Council City of Tigard Via: Delivery 13125 SW Hall Blvd Tigard, OR 97223 Re: Request for Council to Initiate Vacation Proceedings Dear City Council Members: Specht Development, Inc. (or an affiliated entity) intends to assemble eleven parcels of land North of Dartmouth and between 68th and 69th street for the development of an office building. Specht intends to submit a Site Plan Application within six months. Based on the July 22, 2005 pre-application meeting with City Staff, we understand that certain portions of the parcels must be dedicated and certain portions of Right of Way must be vacated to meet the City's Comprehensive Plan. In order to make the future Site Plan Application as accurate as possible, Specht would like to have all the dedication/vacations completed prior to application. Specht respectively requests that the City accept the following dedications of Right of Way: 1. Tax Lot # 3001 Map 1 S 136DD +-36 SF West side of 68th Parkway North of Clinton Street, 2. Tax Lot # 3100 Map I S 136DD +-134 SF on the NE corner of 68`h & Clinton Streets, 3. Tax Lot # 6100 Map 1 S 136DD +-134 SF on the SE corner of 68th & Clinton Streets. Specht respectively requests that the City initiate the following vacations of Right of Way: .1. Tax Lot # 3001 Map IS 136DD +-220 SF West side of 68th Parkway North of Clinton Street, 2. Tax Lot # 6100 Map 1 S 136DD +-501 SF West side of 681h Parkway South of Clinton Street, 3. Tax Lot # 6700 & 6800 Map IS 136DD +-508 SF West side of 68`h Parkway South of Clinton Street, 4. Tax Lot # 6600 Map IS 136DD +408 SF West side of 68th Parkway North of Dartmouth Street, 5. Tax Lot # 6300 Map 1 S 136DD +-1755 SF on the NE corner of 68th and Dartmouth Streets. Legal descriptions and maps for each of the above dedications/vacations are enclosed. Thank you for your consideration of this request. Sincerely, A /Joe Curran l/ Senior Project Manager S:%Projects - Corporate'Tigard - S. of Clinton. N. of Danmouth•Correspondence,ROW Dedication.vecation lever to City Council.DOC EXHIBIT A Page 1 of 1 Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 69TH AVENUE RIGHT OF WAY DEDICATION TAX LOT # 6100, MAP 1S136DD Real Property situated in the City of Tigard, Washington County, Oregon, being a portion of that parcel as described in deed to Robert S. Hogg and Harriett L. Hogg, recorded under Book 303, Page 341, records of said county, lying in the southeast quarter of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, more particularly described as follows: Beginning at the northwest corner of said Robert S. Hogg and Harriett L. Hogg parcel, said point being at the intersection of the easterly right of way line S.W. 69`h Avenue and the southerly right of way line of S.W. Clinton Street, and being marked by a 5/8" iron rod with a yellow plastic cap stamped "Northwest Surveying, LLC"; Thence along said southerly right of way line, North 89°59'06" East 25.01 feet; Thence leaving said northerly right of way line along a curve with a tangent bearing of South 89°59'06" West to the left and having a radius of 25.00 feet, a delta angle of 90°00'59", a long chord bearing South 44°58'36" West 35.36 feet, and a length of 39.28 feet to said easterly right of way line of S.W. 69th Avenue; Thence along said easterly right of way line, North 00°01'53" West 25.01 feet to the point of beginning. The above described tract contains 134 square feet, more or less. The basis of bearings for this description is between found monuments along the easterly right of way line of S.W. 69th Avenue, per survey number 30,016, on record with the Washington County Surveyor's Office. EX IT B EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY DEDICATION FOR TAX LOT 6100 MAP 1 S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 ■ FOUND 5/8' IRON ROD WITH YELLOW PLASTIC CAP STAMPED "NORTHWEST SURVEYING, LLC', CURVE TABLE PER SURVEY NUMBER 30,016 CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING Cl 39.28' 25.00' 90'00'59" 35.36' S44'5836'W - - - N89'59'060E - i POINT OF BEGINNING 30.00' S.W. CLINTON STREET N89'59'O6"E 25.01' 3 - tiro TAX LOT 6100 ' Z o N ,~~o BOOK 303, PAGE 341 RIGHT-OF-WAY DEDICATION SCALE 1" = 20 FEET W AREA = ±134 SQUARE FEET j 30.00' cI cv ° co m cat O ~ Z c~ o W z r~ N REGISTERED Q M PROFESSIONAL Q w 3 LAND SURVEYOR I = m Lo H `o Of o ' cn cn = FOUND 5/8" IRON ROD WITH NO CAP OREGON I Q w PER SURVEY NUMBER 19,416 JANUARY 15, 2002 m m CLINTON H. STUBBS JR. i % 55469LS I RENEWAL DATE: 06/30/06 PREPARED FOR: JOB NAME: DARTMOUTH ST. NORTHWEST PO BOX 7 SPECHT DEVELOPMENT, INC JOB NUMBER: 56 BEAVERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503-848-2179 EMAIL: nwsurveyingOverizon. net DRAWN BY: CHS S URVE)MG, LLC CHECKED BY: CHS EXHIBIT A Page 1 of 1 Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68TH PARKWAY RIGHT OF WAY DEDICATION TAX LOT # 3100, MAP 1S136DD Real Property situated in the City of Tigard, Washington County, Oregon, being a portion of that parcel as described in deed to Gordon C. Root, Jack B. Root and Wilma L. Root, recorded under Document Number 98-060196, records of said county, lying in the southeast quarter of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, more particularly described as follows: Beginning at the southwest corner of said Gordon C. Root, Jack B. Root and Wilma L. Root parcel, said point being at the intersection of the easterly right of way line S.W. 691' Avenue and the northerly right of way line of S.W. Clinton Street, and being marked by a 5/8" iron rod with a yellow plastic cap stamped "Northwest Surveying, LLC"; Thence along said northerly right of way line, North 89°59'06" East 25.01 feet; Thence leaving said northerly right of way line along a curve with a tangent bearing of South 89°59'06" West to the right and having a radius of 25.00 feet, a delta angle of 90°01'34", a long chord bearing North 45°00'07" West 35.36 feet, and a length of 39.28 feet to said easterly right of way line of S.W. 69 h Avenue; Thence along said easterly right of way line, South 00°00'40" West 25.01 feet to the point of beginning. The above described tract contains 134 square feet, more or less. The basis of bearings for this description is between found monuments along the northerly right of way line of S.W. Clinton Street, per survey number 30,016, on record with the Washington County Surveyor's Office. E BIT B EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY DEDICATION FOR TAX LOT 3100 MAP 1 S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 8, 2005 PAGE 1 OF 1 ■ FOUND 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED CURVE TABLE "NORTHWEST SURVEYING, LLC CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING PER SURVEY NUMBER 30,016 Cl 39.28' 25.00' 90'01'34" 35.36' N45'00'07"W I I I LLJ cV Cn I ~ sf N ~ I ¢ d N 3 N `r I 0 C° TAX LOT 3100 • N I GHT-OF-WAY DEDICATION N L25.01' OC# 98-060196 scALE 1" = 20 FEET REA = ±134 SQUARE FEET 30.00' w m 141.35 I REGISTERED POINT OF N89'59'060E 166.36' PROFESSIONAL BEGINNING BASIS OF BEARINGS I LAND SURVEYOR I 30.00' PER SURVEY # 30,016 S.W. CUNTON STREET OREGON JANUARY 15, 2002 N89'59'06"E CLINTON H. STUBBS JR. - - - - - - - - - - - 55469LS RENEWAL DATE: 06/30/06 PREPARED FOR: JOB NAME: DARTMOUTH ST. PO BOX 71 SPECHT DEVELOPMENT, INC JOB NUMBER: 56 NORTHWEST BEAVERTON, OR797007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503-848-2179 S URVEYING EMuAI-C nwsurvey'Ing®„erizon.net DRAWN BY: CHS CHECKED BY. CHS r ` • • EXHIBIT A Page 1 of 1 Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68TH PARKWAY RIGHT OF WAY DEDICATION TAX LOT # 3001, MAP 1S136DD Real Property situated in the City of Tigard, Washington County, Oregon, being a portion of that parcel as described in deed to Jack B. Root and Wilma L. Root, recorded under Document Number 2004-123997, records of said county, lying in the southeast quarter of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, more particularly described as follows: Beginning at the northeast corner of said Jack B. Root and Wilma L. Root parcel, said point being on the westerly right of way line S.W. 68th Parkway and being marked by a 5/8" iron rod with a yellow plastic cap stamped "Northwest Surveying, LLC"; Thence along said westerly right of way line, South 02° 13'48" West 42.37 feet to a point measuring 35.00 feet at right angles to the centerline of said S.W. 68`b Parkway; Thence northerly parallel with the centerline of said S.W. 6811' Parkway, North 00°03'44" West 42.34 feet to the north line of said Jack B. Root and Wilma L. Root parcel; Thence along said north line, North 89°59'06" East 1.70 feet to the point of beginning. The above described tract contains 36 square feet, more or less. The basis of bearings for this description is between found monuments along the north line of said Jack B. Root and Wilma L. Root parcel, per survey number 30,016, on record with the Washington County Surveyor's Office. EX IT B EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY DEDICATION FOR TAX LOT 3001 MAP 1 S136DD SCALE 1" = 10 FEET CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 8, 2005 o PAGE 1 OF 1 BASIS OF BEARINGS PER SURVEY # 30,016 i 35.00 N89'59'06"E 96.45' I 7.30' N89'59'O6"E I 1.70' 3 Y TAX LOT 3001 ; Q I DOC# 2004-123997 I I RIGHT-OF-WAY DEDICATION i 3 I AREA = ±36 SQUARE FEET i co 1 ~ C4 ~ p I I I z ~ O T I O N co Z N I u') U01 I O et t^p ~ O I I 00 I ~ 31 0 I r I C) l I NI W I 1 W I V) REGISTERED i w / PROFESSIONAL ; 35.00' LAND SURVEYOR I I OREGON ■ FOUND 5/8" IRON ROD WITH JANUARY ,S. 2002 YELLOW PLASTIC CAP STAMPED CLINTON H. STUBBS JR. 'NORTHWEST SURVEYING, LLC", 55469LS RENEWAL DATE: 06/30/06 PER SURVEY NUMBER 30,016 PREPARED FOR: JOB NAME: DARTMOUTH ST. PO BOX 71 SPECHT DEVELOPMENT, INC JOB NUMBER: 56 NORTHWEST BEAVERTON, OR797007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503-848-2179 S EMAIL: nwsurveying®verizon.net DRAWN BY: CHS URVEYING, LLC CHECKED BY: CHS RIGHT OF WAY MAP R 80_ co «i (9 Lu 10e1 z $Ri 29 «z 0 r. i I 1 Q w 3r. S.W. 68TH PARKWAY I SW. 68TH PARKWAY - t - - - - - - g-----------------------C--=---- - - - - - - - - - - -I - - - - - - T ANCE - • - - - - - I TL 3290 R.O.W. VACATION WITH OUT C 11,816 SF M 6600 TO 68TH AVE AREA = ±220 SF I k.O.W. VACATION T3 6700 ~ 8,971 SF R.O.W. DEDICATION T.1. 30p1 b AREA = ±1418 67 OoCI 1 R.O.W. DEDICATION 13,897 SF 9.129 SF 98056127 4 AREA = ±791 SF; pot I M-123997 DOC I WITH CHANGE TO AREA = ±649 SF i 99002709 68TH AVE • 1 BLOC 9 I R.O.W. DEDICATION g~ BLOCK 12 AREA = ±765 SF }z$ . I f.L 6100 T1.6200 ~1 \y 2900 i.L I I " I IS- 303, 12,5881. 6300 I {I W DOC91~ 3000 7T.L ,4871SF l 3 PAGE 311 STO 98 T12522 SF ! 1 98121836 7,478 SF 1 1 1 p0C1 ` 0 $ I U2 98060196 1 i 1 98056127 1 1 Y c 25 RADIUS < m R.O.W. DEDICATION 25' RADIUS _ •-•---j __1---------------- - - -AREA= ±1 R.O.w.--DEDICATION S.W. 69TH AVENUE 25' RADIUS AFIED FOR S.W. 69TH AVENUE I AREA = #134 SF R.Q.W. vA DQN 1WAK40 Wr iy i AREA +1755 SF i TOTAL AREA NORTHERN BLOCK WITH All 1 I TOTAL AREA OF NORTHERN BLOCK WITH ALL I ' ADJUSTMENTS = ±53,084 SF I ADJUSTMENTS = 466,676 SF TOTAL AREA OF NORTHERN BLOCK WITHOUT THE 1 I I TOTAL AREA OF NORTHERN BLOCK WITHOUT THE R.O.W. VACATION = ±52,864 SF R.O.W. VACATION = ±63,411 SF umnuo wor[ssa~u uxo svavcroa s SCALE t' 90FEET [Acoo" Sp6 14 If[~l MR: K ~ NdHR 9Q1 4ff6 AGENDA ITEM # 3,5 FOR AGENDA OF January 10, 2006 CITY OF TIGARD, OREGON LOCAL CONTRACT REVIEW BOARD (LCRB) AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A RESOLUTION ADOPTING REVISIONS TO THE CITY'S PUBLIC CONTRACTING RULES AS REQUIRED BY NEW STATE LAWS. PREPARED BY: Joe Barrett DEPT HEAD OK CITY MGR OK Cf ISSUE BEFORE THE LOCAL CONT T REVIEW BOARD Shall the Local Contract Review Board approve a resolution adopting revisions to the City's Public Contracting Rules as required by new State laws? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board approve the resolution revising the City's Public Contracting Rules as required due to changes in State laws. INFORMATION SUMMARY At its February 22, 2005 meeting, the City's Local Contract Review Board (LCRB) approved a resolution which adopted the City's current Public Contracting Rules under the authority granted to the LCRB under Tigard Municipal Code, Section 2.46. These Rules apply to and guide all contracting, purchasing, and disposing of personal property (except real property) by the City. Oregon's 2005 Legislature session produced significant changes to laws that relate to public purchasing and contracting throughout the State. As these changes affect the responsibility of the City and other public agencies, as well as contractors and subcontractors, the City's Public Contracting Rules require a revision. Staff has worked closely with the City Attorney's Office to make the appropriate and necessary changes to the Public Contracting Rules to have them meet the new requirements. The majority of the changes involve Prevailing Wage Rate Law which impact the City's agreements for public improvement projects. Changes affecting the City that are addressed in the revised Public Contracting Rules include the following: ✓ An increase in the threshold for coverage under the Prevailing Wage Rate Law is increased from $25,000 to $50,000. ✓ City is now required to withhold 25% of amounts owed to contractors if certified payrolls are not filed by the contractor as required for work performed on projects falling under Prevailing Wage Rate laws. ✓ City is required to verify that contractor and subcontractors have filed a public works bond with a corporate surety in the amount of $30,000 with the Construction Contractors Board before beginning any project falling under Prevailing Wage Rate Law. ✓ The threshold requiring the use of a Qualification Based Selection process is raised from $400,000 to $900,000 for professional service contracts involving at least 10% funding from the State. A memo explaining the required changes to the Public Contracting Rules was sent to members of the City Council on December 16, 2005. The revised Public Contracting Rules themselves make up a significantly large document of over eighty pages. Due to the size of the document, it has not been attached. Copies of the Public Contracting Rules may be requested by contacting Joe Barrett, Buyer, in the Purchasing Office. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None. ATTACHMENT LIST 1. Resolution. 2. December 16, 2005 Memo. FISCAL NOTES There are no costs associated with this item. MEMORANDUM TO: Mayor and City Council FROM: Joe Barrett, Buyer RE: Public Contracting Rules Update DATE: December 12, 2005 The 2005 Legislature session produced significant changes to public purchasing and contracting throughout the State. As these changes affect the responsibility of the City and other public agencies, as well as contractors and subcontractors, the City's Public Contracting Rules (PCRs) require an update. The majority of the changes involve Prevailing Wage Rate (PWR) Law which will impact the City's agreements for public improvement projects. Changes affecting the City (and their foreseen impact to the City) include the following: w- An increase in the threshold for coverage under the PWR law is increased from $25,000 to $50,000. Impact - Lower administrative cost on projects falling under the new $50, 000 threshold w City is now required to withhold 25% of amounts owed to contractors if certified payrolls are not filed by the contractor as required for work performed on projects falling under PWR law. Impact - Higher administrative costs due to increased oversight of contractors and record keeping of certified payroll along with possible increase in tension between City and contractor that has not filed the required payroll. w City is required to verify that contractor and subcontractors have filed a public works bond with a corporate surety in the amount of $30,000 with the Construction Contractors Board before beginning any project falling under PWR law. Impact - Contractors new to government projects may attempt to include the cost of the bond in their bid, effectively passing the bond cost onto the City. The cost of the bond is estimated between 3% and 10% of the face value ($900 to $3,000). w The threshold requiring the use of a Qualification Based Selection (QBS) process is raised from $400,000 to $900,000 for professional service contracts involving at least 10% funding from the State. A QBS process mimics a Request for Proposal process but cost cannot be considered under a QBS process until the consultant has been selected based upon their qualifications. Impact - Very minimal, the City has only been required to use this process once (architectural contract for the Library project). Staff will work with the City Attorney's Office to make the appropriate revisions to the City's PCRs and will bring the recommended changes before the Local Contract Review Board (LCRB) at a future meeting. To go into effect, the changes will need to be made by the LCRB approving a resolution amending the City's PCRs. If you have any questions regarding these changes or any aspects of the PCRs please contact me at your convenience. cc: Craig Prosser, City Manager Tom Imdieke, Int. Finance Director IT1 h u T-7 p F MA-7 04- -r--b C DA4M GNT 0-' fV-Z: 2 gNNU1~-u.~~ . F 2006 S ity 1-0 Al 1 zl 0`74-4T v Introduction 9C_vwrjc gVUNtN1 -m ~c.jqP L-4r r y9, LOOK A,t ZIiNti 2005 good year 610 Change in Direction -active involvement in regional l Ss t~S V~ ~c \ksvy~s Reflected in Council Goals: /14 tF-7-P"'6 S Revitalize Downtown Improve 99W Address Growth Budget Focus on Capital -Improvements Over $20M 2005 accomplishments Not so. much a year of conclusions but rather A year of new beginnings ~ Completed Downtown Plan - itself a beginning - lZ 666W 1st year of Street Maintenance Plan 66V0<,4Ad64 AwA-~-►7 1st full year in new library -L/ VIwl4 l1j p C-41/4! Opened talks w/ODOT & received Grant - 99W Study - April beginning McDonald Intersection rebuilt Hall Blvd. Intersection funding Greenburg plans /jijA-(oA !S 1~/L~M c~T1Z0 Heritage Tree Program Funding for Park land - 2M -Z' PAJ Y~ Healthy Streams,,'- 416 7' X-105-15 3 Family Week Celebration !1q DTI !~-T f Cr_JW.0 /,U 2006 Plans ~pr.cc- Y &#y Branding _ U~ j/bta'Wr x-61 i'oN f TD 7-7 4 ArIn 15 New Logo -rv Nl 6TM-aeZ (2, t Tr C5 E'x - ie2cr-57/N 4 City Identity Park & Entrance Signs Ca /i c-ori,4 /,44 v Jr- ~ 04 0--v r14 L 1 J ~zs l Comprehensive Plan Revision Downtown Urban Renewal Long Range Water Plans 4 viable choices Downtown Projects Beginnings Burnham St. Improvements Commuter Rail Station )Streetscape Design Zoning overlays Arch. Design guidelines Public Space Purchases 99W Study & Intersection improvements Challenges Ahead General Fund Stabilization Citizen Task Force Study & Recommendations - Feb Changes to Development Code to address infill & downtown development Continued dialog w/Metro & County regarding UGB planning County Public Safety Levy Right-of-way management & maintenance wb if ~1it/~.~ 7V-1xA I P- 19O, f ~tsaq~C- ¢ ~ A746 ~D`'«l•~/icw 4 USX C Tike `7 AGENDA ITEM # FOR AGENDA OF January 10, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE PRESENTATION OF NEW CITY LOGO PREPARED BY: Elizabeth A. Newton DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Presentation of the new city logo. STAFF RECOMMENDATION Formally present the new city logo to Tigard's citizens. INFORMATION SUMMARY One of Council's goals for 2005 was "Graphic Identity (Branding)" - revision of signage, logo and stationery. City Council worked with a graphic designer to develop a new city logo. A final design was selected in December 2005. OTHER ALTERNATIVES CONSIDERED Delay the presentation to a later date. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST N/A FISCAL NOTES The logo will be changed on letterhead, business cards, check stock and vehicles as existing stock is used and new orders are placed. i:\adm\city councilkouncil agenda item summaries\2006\ais for branding design presentation0601 I O.doc 12/30/05 AGENDA ITEM # FOR AGENDA OF January 10, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE COUNCIL GOAL UPDATE PREPARED BY: Joanne BengtsonAf)/- DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Update on the progress of the Council goals for the fourth quarter of 2005. STAFF RECOMMENDATION Review and discuss the update. INFORMATION SUMMARY Attached are brief summaries of the progress made in the last quarter of 2005 on the Council goals developed by the Council in January 2005. ATTACHMENT LIST 1- Fourth Quarter Goal Update Report OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goals are identified throughout the document and tasks developed by the City Council. FISCAL NOTES N/A iAadm\city council\council agenda item summaries\2005\ais for 4th quarter goal update 051220.docl 2/16/05 Council Goals for 2005 Goal 1. Revitalize Downtown • Complete and implement the Downtown Plan Fourth Quarter Update For Urban Renewal, City Council passed a resolution on December 13, 2005, to schedule a May ballot measure authorizing the use of Tax Increment Financing for Downtown public improvements. The resolution is required by City Charter. Third Quarter Update In July, the consultant team finalized draft technical memoranda containing the discussions and recommendations related to improvements and changes to the transportation system, land uses and local regulations needed to carry out the Plan vision and the Preferred Design Alternative. The contents of these memos were presented to the Downtown Task Force at the July 7th meeting. After obtaining input on draft documents from Task Force members and City staff, the consultant team began making final revisions to the Plan document. The proposed Plan was presented to the City Council at a business meeting on September 27, 2005. Following a presentation of the Plan by Downtown Task Force members and the consultant team Project Manager, Council unanimously approved a resolution accepting the findings and recommendations of the Tigard Downtown Improvement Plan. Second Quarter Update The Downtown Task Force continued to engage the community through a series of dialog meetings throughout March and April. Working with the community, the Task Force has developed its preferred alternative for the Downtown Improvement Plan. On April 23, 2005, the Plan was shared with the community at a well-attended open house. This event included an overview of the Plan and exciting discussion of the steps necessary to make the Plan happen. The Task Force is scheduled to complete their work on the Downtown Improvement Plan in September, 2005. The Task Force moved the completion date of the Plan from June, 2005 to provide for additional public input. Additional time was needed to complete technical work. Over the summer, Council will receive a series of updates from the Task Force. In June, funding strategies were presented to Council. Land use recommendations will be presented in July. In September, Council will be presented any outstanding components of the Plan. Implementation of the Downtown Improvement Plan will occur over the next 10-20 years. The City's Capital Improvement Program (CIP) includes several projects that focus on the Downtown. The Downtown Improvement Plan calls for enhanced street design throughout the Downtown. What will the streets look like? One of the CIP projects will answer this question and recommend specific improvements. First Quarter Update: Based on the October, 2004 community dialogs and the workshop in December, the Downtown Improvement Plan has been revised. The Task Force is currently in the process of going through a second round of community dialogs to further refine the plan. A developers' forum was held on March 2nd. Eight metro-area developers attended this "reality check" forum with the Parametrix consultants. Many of the developers have built projects in Town Centers. The developers offered their experience and comments, focusing on access to, and visibility from, 99W; retail locations; future parking needs; financing; parcelization. The consultants are using their comments in the design revisions. There was an Ash Avenue neighborhood meeting on March 9, 2005. This meeting served as a reality check on the "transportation assumptions" of connecting Ash Avenue eventually to SW Walnut. The Task Force will be considering this input as they proceed with the Plan. 1 • Urban renewal implementation o Public relations plan and vote Fourth (quarter Update On October 25, Council approved Phase II of the contract with Norton-Arnold & Company to provide support materials for presentations and outreach meetings, and participate in key public meetings. The Norton-Arnold & Company has completed this phase of their work. Work on the Urban Renewal Plan continued, and on November 22, the Council passed a resolution adopting the Urban Renewal Plan for Downtown. During the Urban Renewal planning process, there were approximately 10 small group presentations conducted by the Center City Advisory Committee (CCAQ, and citywide notices to over 13,000 residents inviting them to the first Open House for Urban Renewal which took place on November 10. Small group presentations were designed to inform the public about the Urban Renewal process, answer questions, and receive comments. In addition to the adoption of the Urban Renewal Plan, members of the Downtown Taskforce received certificates of acknowledgement by the City Council for their downtown planning efforts. Their term of service was ended by resolution of Council. The City of Tigard was awarded the Good Governance Award by the Oregon Municipal League for its citizen planning effort for the Tigard Downtown Improvement Program. The award is given out to only one City annually. Presentations to those taxing districts interested in the financial impacts of Tax Increment Financing were made. There were no comments received in writing from any of the districts. On December 13, City Council passed a resolution to schedule a May ballot measure authorizing the use of Tax Increment Financing for Downtown public improvements. The resolution is required by City Charter. Third Quarter Update During the second half of July, a telephone survey was conducted with 400 randomly selected Tigard voters (those who voted in the last two elections) to gage awareness and support for the downtown revitalization effort. The survey found that 69% of respondents were aware of the downtown planning process and 67% said they would somewhat or strongly support using tax increment financing to pay for downtown improvements. City Center Advisory Commission began work in July assisting the development of the Urban Renewal Public Outreach Plan and the draft Urban Renewal Plan. The CCAC collaborated with public outreach consultant, Norton-Arnold & Co., to form a strategy and identify a series of outreach activities, including discussions with community groups. The proposed Public Outreach Plan was adopted by Council on September 27, 2005. At the same time, the CCAC, with assistance from consultant Tashman Johnson LLC, has been working on the draft urban renewal plan to be completed in early October. On October 18th, the City Center Development Agency is scheduled to refer the plan to the Planning Commission for that body's review and recommendations. A public hearing on the plan is set for October 31St. Council review and consideration of the Urban Renewal Plan is scheduled for November 22, 2005. Second Quarter Update The City completed the selection process to hire consultant services - Tashman Johnson, LLC and Norton-Arnold & Company. Tashman Johnson is responsible for preparing an Urban Renewal Plan leading to an election of the use of tax increment financing in May, 2006. Norton-Arnold & Co. is responsible for helping select the best strategies to engage the community to foster citizen understanding of the Urban Renewal Plan. This includes a public opinion poll to engage the community's level of awareness about urban renewal. 2 City Council appointed the City Center Advisory Commission to assist in the preparation of the Urban Renewal Plan. The Commission is made up of 6 representatives of the Downtown Task Force, a Planning Commissioner, a Park and Recreation Board member, and up to 4 City residents and/or Tigard property owners. First Quarter Update: Council's goal addressed Urban Renewal as a program for revitalizing the Downtown. Study session discussions have occurred on April 8t" and 22nd on the necessary steps to establish an Urban Renewal Plan for the Downtown. Council's direction is to take all necessary steps leading to a May, 2006 election on Urban Renewal and Tax Increment Financing for the Downtown, including proceeding toward consultant selection for public outreach and preparation of an urban renewal plan. Washington County, Beaverton, Tigard and several service districts have been evaluating the feasibility of creating a Commuter Rail/Highway 217 Corridor Revitalization Project. The Project is evaluating the possibility of using tax increment financing to promote desirable development at station areas along the Commuter Rail line. Washington Square and the Downtown are included in this effort. The feasibility study is intended to provide the public partners with sufficient information on how and whether to proceed with the project. Council was briefed in January on the progress of the feasibility study. Separate briefings have been provided by the City Attorney on Urban Renewal tax increment financing. Under the City Charter, voter approval is required with tax increment financing, which is included in an Urban Renewal plan. Voting is limited to November and May elections. O Identify and begin projects Fourth (quarter Update On December 1, the City signed a contract with Otak, Inc. of Lake Oswego for Phase I Downtown Streetscape Design. Otak Inc. will provide comprehensive design services for three major downtown streets (Burnham St., Main St., and Commercial St.), five (5) gateway intersections, and existing city- owned open spaces. The consultants will provide conceptual street design, which is necessary prior to final engineering design. In addition, the contract calls for Streetscape dimensions and preliminary cost estimates, which will assist the City in its Capital Improvement Programming for the Downtown. Staff has set up a Streetscape Working Group to work with Otak, Inc. over a 7-month timeframe to evaluate design themes and alternatives. The Working Group will provide recommendations directly to the City Center Development Agency (CCDA) with regard to Streetscape design in the downtown. The first meeting with consultants took place on December 15. Tri Met has provided a preliminary design for the Commuter Rail Station platform in downtown Tigard. Staff has started to develop an implementation strategy for Downtown to address the prioritization of public improvement projects, the Capital Improvement Plan (CIP), and funding sources. Third Quarter Update During this quarter, progress was made towards realizing a priority project identified in the Downtown Plan aimed at enhancing the streetscape environment downtown. The scope of work covers the formulation of an overall design theme for the downtown area, and identification of specific design elements for select streets, gateways, public spaces, rail crossings and the commuter rail station. In addition, the consultant team will finalize a streetscape design plan for Commercial Street and preliminary design for Burnham Street. The tentative project schedule included in the original request for proposals identifies project completion on August 2006. In August, four firms submitted proposals to provide design services for the Tigard Downtown Comprehensive Streetscape, Commercial Streetscape and Burnham Street Project. The selection committee, comprised of representatives of the Downtown Task Force, Engineering and Long Range Planning Departments, and the City Council, invited 3 of the 4 firms to be interviewed on September 8, 2005. The City is in the process of finalizing 3 the work plan for this project. The recommendation to Council for approval of the contract award is scheduled for October 25, 2005. Second Quarter U1date The 2005-06 City's Capital Improvement Program (CIP) includes approximately $1.8 million dollars of projects focused in the Downtown. Projects range from street design to open space acquisition. First Quarter Update The Downtown Improvement Plan includes a detailed list of catalyst and Brand Tigard projects. Catalyst projects are both public and private projects that are designed to cause complementary development in relation to surrounding properties. Brand Tigard projects are public projects designed to support catalyst projects - street improvements, beautification, parks, etc. A list of projects has been identified. The Capital Improvement Program, currently under development, will draw from this list of identified projects to start implementing the Downtown Plan. Projects are under review and not finalized as of this date. Goal 2. Improve 99W • Identify specific projects to alleviate congestion on 99W • Prioritize projects/funding • Leverage additional funding McDonald Street/Highway 99W Intersection (Project Funded in FY 2004-05) The City has identified several projects to improve traffic congestion on Highway 99W. These projects and the status for each at the end of the fourth quarter of calendar year 2005 are described as follows: 4th Quarter Update: The widening of the McDonald Street/Highway 99W intersection to add a dedicated right-turn lane on McDonald, a dedicated through lane across 99W to Gaarde Street, and an extended left-turn lane on McDonald Street has greatly improved traffic circulation at that intersection. The project included installation of new sidewalk on both sides of the street along the length of the improvements. The project was completed in August 2005. Staff continues to monitor the intersection to determine if any adjustments may be necessary. At this point, the intersection is functioning well and the improvements completed have greatly enhanced the flow of traffic along McDonald Street at that intersection. Third Quarter Update The widening of the McDonald Street/Highway 99W intersection to add a dedicated right-turn lane on McDonald, a dedicated through lane across 99W to Gaarde Street, and an extended left-turn lane on McDonald Street is expected to greatly improve traffic circulation at that intersection. The project includes installation of new sidewalk on both sides of the street along the length of the improvements. The project was funded in FY 2004-05 with funding carried over to FY 2005-06 sufficient to complete the project. The McDonald Street/Highway 99W intersection project has been completed. Staff observation of the intersection operation is that traffic movements are more efficient and that the long queue just to get to the intersection has been eliminated. The right-turn lane provides the opportunity for a free right turn whenever there are gaps in the northbound Highway 99W traffic. Although the intersection appears to be performing well, City staff will monitor the traffic movements during the next two to three months to determine if any adjustments are needed to make the intersection work better. Second Quarter Update: The McDonald Street/Highway 99W intersection project has been under construction since May 2005 and is expected to be completed by the third week of July 2005. 4 First Quarter Update: The design for the proposed improvements has been completed. The project will be advertised for bids on March 24, 2005. The contract award is expected late April, the project construction will be in May and June with construction completion expected by the end of June 2005. Hall Blvd/Highway 99W Intersection (MSTIP 3 Funded Project) 4th Quarter Update: The project is entering into the design phase with construction expected to begin in early 2007. The design work and right-of-way acquisition for the intersection widening will be ongoing during the next 12 to 18 months. Because the intersection is a major portal into the Tigard downtown area, the City will be working closely with the Oregon Department of Transportation (ODOT) and Washington County to ensure that the project complements and supports the Downtown Improvement Plan elements. Third Quarter Update Washington County has selected the Phase 3 improvement package for further exploration. The Phase 3 improvements are estimated at $5.4 million, which is $500,000 over the project budget of $4.9 million. The Phase 3 improvements include two northbound through lanes on Hall, a northbound left-turn lane, and a northbound right-turn lane from Hall to Highway 99W. The City expressed concerti that a southbound right- turn lane from Hall to Highway 99W (along the old Safeway parking lot) is not included in the proposed improvements. The County and its consultant (W&H Pacific) are reviewing the assumptions upon which the proposed improvements were based and are examining a reduced growth scenario that eliminates the second northbound through lane and adds the southbound right-turn lane on Hall. The original assumptions are that Hall will be widened to five lanes and Highway 99W to seven lanes during the planning period. It is not likely that funding will become available for those improvements during the planning period. The consultant is preparing a revised report to summarize the reduced growth scenario, which better reflects the likely conditions. A secondary goal of the re-evaluation is to see if the funding shortfall identified in the original cost estimate can be reduced or eliminated. The County staff will be meeting with City staff and ODOT to discuss the reduced growth scenario during the next few weeks and to finalize the scope for the consultant design effort. Once the project scope has been fully defined in detail and the specific capacity improvements approved, engineering design work will begin. Project design and right-of-way acquisition for the widening work are expected to be completed within a 12 to 18 month period. Construction is expected to begin in early 2007. Second Quarter Update: The alternatives analysis to determine the scope of work for improvements to the Hall Boulevard/ Highway 99W intersection has been completed. The Washington County staff and the consultant performing the work gave a project status briefing to City Council at the June 21, 2005 workshop meeting. The analysis indicates that a viable project can be constructed to provide capacity to the year 2020. The intersection project is funded through Washington County's MSTIP 3 (Major Streets Transportation Improvement Program).The estimate for the project identified exceeds the MSTIP budget by $500,000. The County, City and ODOT will seek to obtain funds needed to supplement the current budget to enable construction of the project. Once the project scope has been fully defined in detail and the specific capacity improvements approved, engineering design work will begin. Project design and right-of-way acquisition for the widening work are expected to be completed within a 12 to 18 month period. Construction is expected to begin in late 2006, or early 2007. 1St Quarter Update: W&H Pacific has been contracted by the County to perform an alternatives analysis to determine feasible improvements that can be constructed to enhance movement through that intersection and alleviate congestion in that area. The project elements will be selected by mid-2005 with design to follow later this year. The Engineering staff is participating in the project meetings to ensure that the City of Tigard's interests are met with the alternatives selected. The County will be requested to make a presentation to City Council once the design alternatives have been refined and a preferred alternative recommended. The design and rights-of-way acquisition will follow the selection of the most cost-effective alternative and will be performed during the next year. Assuming the rights-of-way acquisition is completed in a timely manner, the County intends to begin construction on the project in late 2006. 5 Greenburg Road/Highway 99W Study (Proposed Project for FY 2005-06) 4th Quarter Update: The alternatives analysis to determine an optimum solution for the Main Street/Greenburg Road/Highway 99W intersection is nearing completion. The study will take into account the findings of the Hall Blvd/Highway 99W project to ensure that the recommendations of the study support and enhance the improvements to be constructed at that intersection. The findings of the study will be reported to City Council early in 2006. The project recommendations resulting from the study will be incorporated into the project list to be developed through the Corridor Plan for future implementation. Third Quarter Update Greenburg Road is a north-south arterial providing direct access to Highway 217 and the Washington Square Regional Center to the north and Highway 99W to the south. Greenburg Road terminates at Highway 99W directly across from Main Street, a collector through downtown Tigard. The current level of service on Greenburg Road at Highway 99W is extremely poor especially in the PM peak hours when vehicles often wait through multiple traffic cycles to clear the intersection. In addition, forecasts for Highway 99W shows it is well over capacity in future demand, which makes the intersection nearly unmitigable due to heavy through traffic and conflicts with turning vehicles. This proposed project provides funding for a feasibility study, which includes an alternatives analysis, to determine what alternative works best to alleviate congestion at the Greenburg Road and Highway 99W intersection and possibly improve traffic flow on Highway 99W through that area. One option is to widen Greenburg Road at its approach to Highway 99W. Another option is to eliminate the through movement from Greenburg Road to Main Street and divert downtown traffic through either 95th Avenue or 98th Avenue to Commercial Street. The intent of that study is to determine the best alternative, evaluate that alternative in detail, then scope out a project that implements that alternative for design and construction. It seemed prudent to begin this project by examining the potential alternatives for the Greenburg Road/Highway 99W intersection from a traffic analysis standpoint. This technical analysis is needed to determine if any of the alternatives result in better traffic circulation and reduce congestion on both Greenburg Road and Highway 99W. Alternatives that do not have a favorable impact, or have significant adverse effects can be identified and eliminated. The two or three most feasible alternatives can then be modeled in detail to determine the impacts and costs involved. DKS Associates was selected to perform the technical analysis and has been evaluating various alternatives during the past month. The firm is in the process of narrowing the alternatives to the two or three that seem most feasible and would be expected to produce the desired results. Initial input will be obtained through a practical exercise in the Citizen Leadership Series Transportation Course scheduled for October 20, 2005. Initial reactions to the alternatives evaluated and a sense of what would be or not be acceptable to the citizens of the City can be gleaned from the residents attending that course. Once the evaluation period is completed and summary report prepared, a discussion with Council at a workshop session will be scheduled, possibly in November or December of this year. After Council input, public input will be sought to narrow the alternatives to the best alternative for future implementation. Efforts to partner with ODOT and possibly Washington County through its MSTIP program will be made to design and construct the alternative selected for implementation. Second Quarter Update: Funding for the alternatives analysis is included in the Capital Improvement Program projects for FY 2005-06 approved by Council at the June 14, 2005 meeting. A consultant to perform the study will be selected in early August. The study is expected to begin in late August 2005. The scope of the study is to evaluate feasible alternatives, develop a public process plan to obtain public input on the alternatives, and then select an alternative for more detailed evaluation eventually leading to design and construction. The project does not include detailed design or construction. After the alternatives are developed, evaluated, and the best alternative selected, efforts to partner with ODOT and possibly Washington County through its MSTIP program will be made to design and construct the improvements. 1st Quarter Update: Funding for the alternatives analysis is included in the Capital Improvement Program projects proposed for FY 2005-06. If funded, a consultant can be selected to perform the study and recommend alternatives for evaluation 6 and discussion. After the alternatives are developed, evaluated, and the best alternative selected, efforts to partner with ODOT and possibly Washington County through its MSTIP program can be made to design and construct the improvements. Progress will be made on this project after the funding is made available to begin the study. The consultant selection process can begin prior to July 1, 2005 so that the project study can begin shortly after the new fiscal year begins. Highway 99W Corridor Improvements Study (Proposed Project for FY 2005-06) 4th Quarter Update The City staff is working with ODOT to develop a detailed statement of work for the Highway 99W Corridor Improvement and Management Plan. The products expected from the study are a plan for management of the corridor, identification of land use change opportunities, and a package of projects that can be implemented over a period of years as funding sources are identified and designated for these projects. The actual work to develop the plan is expected to begin in April 2006 and should be completed within 8 to 10 months. Third Quarter Update This project provides funding for a study to evaluate various alternatives for improvement of the highway (including development of new parallel routes and connections that can feasibly be made between developments parallel to the highway) between Durham Road and Interstate 5. The intent of the study is to address current traffic deficiencies, present design alternatives and propose strategies that would provide for effective traffic circulation, connectivity and operational improvements to the highway and its corridor. The findings of this study would be used to prepare a package of projects (both large and small) that can be implemented over a period of years as funding sources are identified and designated for these projects. The City submitted a grant application to ODOT (Oregon Department of Transportation) in May 2005 for development of a Highway 99W Corridor Improvement and Management Plan. The City received notice of grant award in August 2005. The amount of the grant is $176,000 and the City is required to provide a matching amount of $24,000 for a total project budget of $200,000. The project will evaluate various alternatives for improvement of the highway short of widening to add capacity. The plan will focus on solutions that draw local traffic from Highway 99W onto parallel routes and reduce use of the highway as a service road for local traffic. While the focus of the plan is the improvement of traffic management on 99W, it will address related land use issues to a limited extent. Potential land use changes that could alleviate congestion and improve traffic circulation will be identified. In addition, opportunities for redevelopment along the corridor will be identified for future study. An intergovernmental agreement (IGA) will be executed with ODOT as part of the grant award process. A grants manager from ODOT has been assigned to work with City staff in the preparation of a Statement of Work. The coordination work between City staff and ODOT has been ongoing since August. The Statement of Work should be completed and approved by the ODOT Salem headquarters by the end of calendar year 2005. following approval of the Statement of Work, a consultant will be selected to perform the work. The consultant selection process is expected to be completed and a consultant under contract by March of 2006. The actual contract will be between ODOT and the consultant, but the City staff will be an active participant in the consultant selection and in the preparation of the plan. A public process will be developed for receiving public input. Council will be provided periodic updates and will have opportunities to provide input at key points during the preparation of the plan. Second Quarter Update: The City submitted a grant application for development of a Highway 99W Corridor Improvement and Management Plan. The products expected from the study are a plan for management of the corridor and a package of projects that can be implemented over a period of years as funding sources are identified and designated for these projects. The grant awards are expected to be announced in a few weeks. Assuming the City is successful in obtaining the grant, the study is expected to begin in late 2005 or early 2006 and should take six to eight months to complete. 1st Quarter Update: This project is proposed for the FY 2005-06 CIP. The opportunity to obtain a TGM (Transportation and Growth Management) grant to perform this study is available. The City submitted a pre-application for grant funding 7 through ODOT in mid-February 2005. The formal application process is expected to be announced in May 2005. The initial review by ODOT staff of the pre-application was favorable and they encourage the City to submit an application once the application period begins. Although the funding becomes available July 1, 2005, the project cannot begin until the grant is awarded, an Intergovernmental Agreement (IGA) is executed between ODOT and the City, and the consultant is selected to perform the work. This process would be similar to the one followed for the Downtown Improvement Plan Study. Considering the time it takes to execute an IGA with ODOT and receive approval to use the funds, the study could begin in fall of 2005 or later. The results of the study are anticipated to be a package of projects and land use recommendations that can be implemented over a series of years. As funds are obtained, projects can be selected from the project list for implementation. Land use changes in accordance with the recommendations of the study can be pursued to help reduce direct access to Highway 99W and to improve the appearance along the corridor as new developments begin or redevelopment occurs. Walnut Street Corridor Study 4th Quarter Update: This project is a corridor study to determine the best alignment for the extension of Walnut Street from Highway 99W, through downtown Tigard, to connect to Hunziker Street. The consensus reached during the development of the Tigard Downtown Plan is that this corridor study should be divided into two phases with the segment from Fanno Creek north to connect to Hunziker Street as Phase 1 and the segment from Highway 99W over Fanno Creek to the Tigard downtown as Phase 2. The Phase 1 study will begin next spring and should be completed in the summer of 2006. Third Quarter Update A City-funded project in FY 2004-05 is a corridor study to determine the best alignment for the extension of Walnut Street from Highway 99W, through downtown Tigard, to connect to Hunziker Street. This study will be coordinated with the recommendations of the Downtown Improvement Plan study currently underway. The recommendations of the Downtown Improvement Plan will determine if the connection to Highway 99W should be pursued further. The consensus reached during the development of the Tigard Downtown Plan is that this corridor study should be divided into two phases with the segment from Fanno Creek north to connect to Hunziker Street as Phase 1 and the segment from Highway 99W over Fanno Creek to the Tigard downtown as Phase 2. The input from developers during the Downtown Plan development is that the entry from the north along Hall Boulevard is more important as a portal into the downtown area and should be explored first. The Downtown Improvement Plan does not rely on the connection across Fanno Creek to Highway 99W. Therefore, the exploration of an alignment for Phase 2 will come later after the urban renewal efforts for the downtown area are further along. The Phase 1 study will begin in the next few months and should be completed by the end of the fiscal year. Second Quarter Update: This study is held in abeyance until the Downtown Improvement Plan recommendations are formalized and adopted by Council. The Downtown Plan does not depend on a connection being made from Highway 99W through the downtown area to Hunziker Street. However, whether or not the study proceeds in the near future will be discussed with Council to ensure that the timing of the study does not detract or conflict with the effort to get the Downtown Improvement Plan recommendations initiated during the next year or so. 15' uarter Update: A neighborhood meeting to discuss the connection of Ash Avenue across Fanno Creek into the downtown area was held on March 9, 2005 as part of the Downtown Study public process. Neither the Walnut Street Extension nor a connection across Fanno Creek to Ash Avenue were acceptable to those in attendance. The Downtown Study will consider all input received through the public process before reaching any conclusions on the need for a new entry into the downtown from the neighborhood south of Fanno Creek. Whether or not the corridor study will proceed depends on Council direction following a review of the recommendations of the study. 8 Goal 3. Address Growth • Revise Comprehensive Plan for Tigard and, if funded, for Bull Mountain Fourth Quarter Update interviews have been held for the Senior Planner position that will be in charge of the Comprehensive Plan update. We expect to hire the person by the end of the year. Third Quarter Update Recruitment for a Senior Planner to staff the Comprehensive Plan update was initiated during this quarter. Second Quarter Update At their June 28, 2005 meeting Washington County Board of Commissioners considered Tigard's request to modify the Urban Planning Area Agreement (UPAA), providing the City with the authority to include portions of unincorporated Washington County (Bull Mountain and Areas 63 & 64) in the City's Comprehensive Plan update. Formal action will follow. The City's adopted 2005-06 budget includes an additional staff position and funding for professional services to begin the update of the City's Comprehensive Plan in late summer/fall of 2005. First Quarter Update: The Planning Commission reviewed the elements of a Comprehensive Plan update. Council previewed a work program for the update. Defining the scope or geographical reach of the comprehensive planning effort is the necessary first step in the planning process. The Council goals call for including the Urban Services Area and Urban Growth Boundary Areas 63 and 64 in the comprehensive plan work scope, provided Washington County provides resources to support the extraterritorial work. The framework for City-County planning coordination is the Tigard/County Urban Planning Area Agreement (UPAA). The City has requested that the Washington County 2005 Planning Division and Land Use Ordinance and Work Program include revising the County-City UPAA to address the City including portions of unincorporated Washington County (Bull Mountain, Areas 63 and 64, Metzger) in the City's Comprehensive Plan update. • Metro - seek changes o Seek charges at Metro that would frame our Compehend0v Plant p we ss to m pond to ciamns caommm o Initiate a &srcuwon with Metro zvfflz wg ffem lity with de=(yraquurwenI& Fourth Quarter Update: Nothing new to report for this quarter. Third Quarter Update Nothing new to report for this quarter. Second Quarter Update Council adopted a resolution on May 10, 2005 supporting active pursuit of regional collaboration to improve the regional land use planning system. Council members participated in a region-wide symposium on Metro and its land use program. Several recommendations resulted from the symposium. Additional follow-up has yet to be scheduled. First Quarter Update: On February 22, 2005, Council began discussion on a proposed resolution to support collaboration with Washington County jurisdictions regarding proposed changes to Goal 14, Urbanization and the Urban Growth Boundary administrative rules. After considerable discussion at its March 15th work session, Council recommended changes to the resolution which will return for Council action on April 12, 2005 9 Identify and acquire Parks and Open Space Fourth Quarter Update: The City of Tigard has conducted an evaluation process aimed at identifying and acquiring property for park and greenway use. The potential properties were identified by the Park and Recreation Advisory Board, Tigard citizens and City staff. Forty-seven (47) properties belonging to approximately forty (40) property owners were identified. Eighteen (18) properties were subsequently removed by property owners. Ultimately, twenty-nine (29) properties were evaluated by the City. On November 14, 2005 the Public Works Director presented a to the Park and Recreation Advisory Board (PRAB) the Board's rankings of the identified properties along with the staffs rankings. The PRAB approved the property priority listing for recommendation to Council on November 15, 2005 at a joint meeting of the Board and Council. The Council accepted the PRAB's recommendations and directed staff to conduct a "willing seller" analysis. Letters were sent to prospective sellers on November 28, 2005. An update on the "willing seller" analysis will be given to the PRAB on January 9, 2006. The Council approved and adopted an FY 2005-2006 budget which contains budget allocations totaling approximately $2,000,000 to purchase park and open space property. Staff will begin negotiations once the Council determines which properties they wish to pursue. Third Quarter Update The City of Tigard has conducted an evaluation process aimed at identifying and acquiring property for park and greenway use. The potential properties were identified by the PRAB, Tigard citizens and City staff. Forty-seven (47) properties belonging to approximately forty (40) property owners were identified. Eighteen (18) properties were subsequently removed by property owners. Ultimately, twenty-nine (29) properties were evaluated by the city. The PW Department retained the services of a temporary employee to develop an evaluation document. The document was used by the Park and Recreation Advisory Board, and staff to evaluate the potential park and greenway properties. The timing of the process is that by November/December of this year the City will have completed its evaluation of the potential properties, and efforts to purchase certain properties will get underway at that time. Second Quarter Update: 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. Staff and PRAB developed a set of recommended guidelines to help evaluate potential land acquisitions (both purchase and donation). These guidelines have been presented to Council and are scheduled for final approval on July 12. The Park and Recreation Advisory Board and staff have created a list of properties (confidential) and presented it to Council, in Executive Session, at their June 28, 2005 workshop meeting. The properties have been identified by staff, PRAB, and public input at PRAB meetings and are a working list of potential sites. The PRAB is currently making presentations at community meetings that include a discussion about potential land acquisition. First Quarter Update: The Park and Recreation Advisory Board is currently working on a community-wide presentation aimed at ascertaining additional input on the community's interest in acquiring more open space and park land. Open space is land that is in a natural state, e.g. wetlands, green ways, flood plains, etc. Park land is land to be used in an active way, e.g. neighborhood and community parks as well as trails, etc. The current, proposed FY 10 05-06 Parks CIP budget contains a land acquisition project aimed at acquiring land in the Bull Mountain area both inside and outside the City limits and in other parts of the City. Review growth of expenditures and revenue Fourth Quarter Update The Financial Strategy Task Force has now held three meetings. The next meeting is scheduled for December 21. At their November meeting, the Task Force decided that additional meetings would be needed to solicit more information in order to reach any conclusions and finalize any recommendations. Two additional meetings have been scheduled for January and February, 2006. Third Quarter Update The City Council approved a resolution creating the Financial Strategy Task Force. The Task Force membership is comprised 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 City Council has asked the members of the Task Force to look at ways for the City to deliver services in a more efficient or cost-effective manner as well as identifying potential new revenue sources. They are also reviewing the option of asking the Tigard voters to approve a Local Option Tax Levy. It is expected that the Task Force will report back to the City Council by January, 2006. The Task Force held its first meeting in August and the next meeting is scheduled for October 26. Second Quarter Update: The Interim City Manager's Proposed Budget was presented to the City's Budget Committee on April 25. The Budget Committee held four public hearings, where at each meeting the public was invited to provide input on the budget. The Budget Committee deliberated and approved changes based upon the input from citizens as well as members of the Budget Committee. The Budget Committee approved the budget on May 16. The budget was forwarded to the City Council for adoption. The City Council held a public hearing on June 14, where again, the public was invited to provide input on the Approved Budget. The City Council adopted the budget on that date. The City Council has directed staff to prepare a resolution to establish a Financial Strategy Task Force. The Mayor and City Council has asked for citizen input on what steps the City should take in dealing with the financial future. Membership of the Task Force is to include the five citizen members of the Budget Committee, members of the Committee for Citizen Involvement, a member from the Downtown Task Force, and a member from the Transportation Financial Strategies Task Force. The Task Force will be asked review City programs to see if service levels can be reduced, look at ways for the City to deliver services in a more efficient or cost-effective manner, and identify potential new revenue sources that could include the City begin charging fees or service to those citizens that live outside the City boundaries and/or asking the Tigard voters to approve a Local Option Tax Levy. There will be a joint meeting of the Budget Committee and City Council in September to review the first quarter results of FY 2005-06. First Quarter Update: The Finance Department, working in conjunction with other City departments, has completed the preparation of budget requests for all City funds and programs for FY 2005-06. Those requests are now being reviewed by Finance staff and individual department budget discussions with the Interim City Manager are now underway. This is in preparation for the publication and submission of the Proposed Budget to the Budget Committee in late April. The Budget Committee will then hold public hearings throughout the month of April to discuss the individual budget requests as well as review the growth of City expenditures and revenue over the last three years. The Budget Committee also met with the City Council in a study session in January to review the budget calendar and discuss current budget status and issues. I1 • Graphic identify ftandirg) o Signage/Logo/Stationery Fourth Quarter Update The City Council met with the graphic designer on October 18, November 15 and December 13 and December 20, 2005. The final design will be unveiled January 10, 2006. Third Quarter Update The City Council met with the graphic designer on July 12 to review design concepts, and provide direction for development of a final design. Second Quarter Update: An informal Branding Solicitation letter went out to eight (8) design firms on April 20, 2005. The letter included an attachment with Themes and Values brainstormed by the Vision Task Force. At the May 10, Study Session, Council reviewed the Graphic Identity Proposals and interviewed the consultants at the May 17 Workshop meeting. Council chose Glen Marcusen of Marcusen Design to work with Council to design a new graphic identity for the City. First Quarter Update: On Thursday, February 24, 2005 eleven members of the Vision Task Force met to brainstorm ideas for themes and values that might be captured in a new City logo. The Task Force issues were presented to City Council on March 22, 2005. Council provided direction on values to be reflected in a new brand for the City. iAadm\city council\goa6\2005\council goals - quarter 4\04 - quarter 4 goal report.dw 12/0/05 12