Resolution No. 89-54 CITY OF TIGARD, OREGON
RESOLUTION NO. 89-.5y
A RESOLUTION DIRECTING STAFF TO HAVE PREPARED A PRELIMINARY ENGINEERING REPORT
REGARDING THE FEASIBILITY OF THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT TO
PROVIDE THE CONSTRUCTION OF A STREET AND UTILITIES IN THE AREA OF SW 93RD
AVENUE BETWEEN LOCUST STREET AND ASH CRENM.
WHEREAS, the City Council has received a petition stating interest in the
formation of a Local 'improvement District to provide for construction of a
street and utilities in the area of SW 33rd Avenue bstween Locust Street and
Ash Creek; and
WHEREAS, the a+ea to be included within the proposed Local Improvement
District is gene--llly the properties south of Locust Street which are —n-A for
commercial deval-pment and which would have access to Locust Street via the
proposed new roanaay, and
WHEREAS, the City Council has reviewed and accepted the preliminary evaluation
report entitled -Preliminary Evaluation Report for proposed SW 93rd Avenue LID"
which was submitted by the Community Development Director, and which recommends
approval.
NOW, THEREFORE, BE IT RESOLVED by the Tigaxd City Council that:
Staff is hereby directed to have prepared a preliminary engineers report in
accordance with TMC 13.04.030(b), considering the construction of street and
utility improvements in the area of SW 93rd Avenue between Locust Street and
Ash Creek; provided, that work on the preliminary engineer's report shall not
begin until one or more owners of property within the proposed district have
signed an agreement assuring full reimbursement to the City of all costs of
preparing the reports'if the district is not formed._
PASSED: This `vu, day of 84
Mayo- - City f Tigard
A ,ST•
Deputy City Recorder - City OfUTIgard
APPR,QVED AS TO FORM:
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RESOLUTION MO. 89-�
page 1
PRELIMINARY EVALUATION REPORT
FOR PROPOSED SOUTHWEST 93RD AVENUE LID
A petition has been received from owners of property in the vicinity of Sw 93rd
Avenue near Locust and Oak Streets. The petition requests initiation of a
Local Improvement District for the purpose of constructing SW 93rd Avenue. A
drawing submitted with the petition indicates that the project would include
construction of a new street between Locust Street and Oak Street along a
curving alignment of 93rd Avenue (also known as Lincoln Street) in accordance
with the Comprehensive Plan Amendment recently approved by the City Council.
The drawing also shows the project to include the extension of 93rd Avenue
south of Oak Street to the vicinity of Ash Creek. Other documents submitted by
the petitioners suggest that the project would also include the construction of
utilities within the street and possibly the construction of a traffic signal
at the intersection of Locuac Streat and C-_-zerh_rg Read_
In March of last year the Council received a petition for construction of 93rd
Avenue from Locust Street south to a point south of Ash Creek. Following
extensive discussion with property owners in the neighborhood, that LID
proposal was allowed to die. While there appeared to ve general support for
construction of the street (at least the portion between Locust and Oak
streets), many of the property owners objected to the proposed method of
assessment and the proposed LID boundary.
The new proposal differs from the proposal of last year in several aspects,
including;
o The proposed alignment is modified to conform with the Comprehensive
Plan Amendment recently approved by the Council.
The improvement is proposed to stop north of Ash Creek. The bridge
crossing of Ash Creek included in last years proposal has been deleted
from the new pzoposal,
C, The __pt-_e�A r.TD may include installation of a traffic signal at the
Intersection of Locust Street and Greenburg Road.
o The petitioners propose that a method be sought to defer assessment of
those properties which are currently in residential usage. It is
proposed that the assessments on these residential properties would
not come due until the properties are redeveloped for commercial use.
This: new LID proposal appears to address the concerns which stopped the
previous LID proposal for 93rd Avenur— The proposal is consistent :with the
adopted traffic circulation plan for the neighborhood.
The proposed boundary for the LID generally includes those properties which are
located south of Locust Street and which are zoned for commercial development
and which would have access to Locust Street via the proposed new roadway.
There =would be approximately 20 parcels within the LID. The property owners
i `
signing the petition appear to represent over, 50 percent of these parcels. in
addition, the property owners signing the petition appear to represent over 80
percent of the property area within the proposed LID.
It appears that the proposed project is quite feasible. It further appears
that the LID proponents are prepared to find ways to resolve the problems of
assessment method which killed the previous T.ID. Therefore, staff recommends
that the LID petition be accepted and that parmiss1on be given for preparation
of a preliminary engineer's report. preparation of a preliminary engineer's
report is not a commitment to proceed with the LID; it will, however, allow
preparation of sufficient data so that the City Council may decide whether to
proceed to the formation hearing.
It is not likely that this project could reach the construction stage during
the current construction season. However, now is an excellent time to start
the LID process leading to potential construction in early 1990. Prior to
reaching the formal LID hearing stage, it will be necessary to explore the
legal procedure to provide £vr defiazzaida'oandmanta as proposed, to meet with
property owners to discuss the proposal and the assessment options available,
and to prepare the preliminary engineer's report. If the LID iz formed, it
will then be necessary to complete construction drawings and acquisition of
right-of-way, and to go through the bidding procedure prior to start of
construction. Due to the heavy load of street improvement projects being
pursued by the City this summer, this new proposal will need to temporarily
have a secondary priority. Therefore, if approved by t;he Council, we would
expect that the preliminary engin+ear's report would not be completed until late
summer or early fall,
Consistent with previous Council direction on e< 93rd Avenue LID, staff
recommends that preparation of the preliminary engineer's report not begin
until the LID proponents have provided assurances that they will roimburse the
City for any costs of the preliminary engineer's report if the LID is not
formed. If the LID is formed, than the• preliminary- engineering costs would be
included in the LID.
A resolution has been prc+pared providing for the preparation of a preliminary
engineering report. Staff recommends adoption of the resolution.
dj/93-LID.RW
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Rwwo PLANNING
JUN 26 Ige
PETITION TO FORM L.I.D.
Those that have signed below, petition the City of Tigard to initiate a Local
Improvement District to construct S.W. 93rd Avenue according to attached
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PETITION TO FORM L.I.D.
Those that have signed below, petition the City of Tigard to
initiate an Local Improvement District to construct S.W. 93rd
Avenue according to attached Exhibit A.
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