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City Council Packet - 08/02/1982 TIGARD CITY COUNCIL SPECIAL MEETING AGENDA August 2, 1982, 7:30 P.M. Tigard City Hall 1. Call-to-Order and Roll Call 2. Summary of ]SID Situation and Timetable: City Administrator 3. Legal Implications of 1 1/2% Limitation and TMC Process: City Attorney • Ordinance Amending Section - TMC 13.04.070 4. Summary of LID Projects: Public Works Director 5. Hampton, Street and Sewer, 422: • Determine Total Project Cost and Spread Assessment Resolution Setting Public Hearing for (Final) Assessment on 8/16/82 6. Tiedeman Avenue, Sewer, #29: • Determine Total Project Cost and Spread Assessment • Resolution Setting Public Hearing for (Final) Assessment on 8/16/82 7. Hoodview, Sewer, #32: • Determine Total Project Cost and Spread Assessment • Resolution Setting Public Hearing for (Final) Assessment on 8/16/82 8. 74th Avenue, Street, #27: • Determine Total Project Cost and Spread Assessment o Resolution Setting Public Hearing for (Pre-) Assessment on 8/16/82 • Ordinance Amending Ordinance No. 82-39 on Call-For-Bid and Bid Opening 9. Tigardville, Street, #28: e Determine Total (estimated) Project Cost and Spread Assessment • Resolution Setting Public Hearing for (Pre-) Assessment on 8/16/82 • Ordinance Amending Ordinance No. 81-83 on Call-For-Bid and Bid Opening 10. McKenzie, Street, 436: • Determine Total (estimated) Project Cost and Spread Assessment • Ordinance per ORS 279.023-.025 and Amending Ordinance No. 82-40 and Setting Public Hearing for (Pre-) Assessment on 8/16/82 11. Heidi Park, Street and Sewer, #31: • Determine Total (estimated) Project Cost and Spread Assessment • Resolution of Intent, Adopting Engineer' s Report and Setting Public Hearing for 8/16/82 e Ordinance per ORS 279.023-.025 & Setting Public Hearing for (Pre-) Assessment on 8/16/82 12. Main Street/Pacific Highway, Street, 437: e Determine Total (estimated) Project Cost and Spread Assessment • Waiver Signed by Property Owner • Resolution of Intent, adopting Engineer's Report and Setting Public Hearing for 8/23/82 o Resolution. Setting Public Hearing for (Pre-) Assessment on 8/23/82 o Authorize Public Works Director to Sign Contract with McKenzie/Saito Engineers o Authorize Call-For-Bids on 8/12/82 and Bid Opening on 8/23/82 13. Main Street Development/Ash Avenue, Street and Park, #38: e Determine Total (estimated) Project Cost and Spread Assessment e Waiver Signed by Property Owners a Resolution of Intent, adopting Engineer's Report and Setting Public Hearing for 8/23/82 ® Resolution Setting Public Hearing for (Pre-) Assessments on 8/23/82 • Authorize Public Works Director to Sign Contract with McKenzie/Saito Engineers e Authorize Call-For-Bids on 8/12/81 and Bid Opening on 8/23/82 14. 72nd Avenue, Street, #21: • Determine Total Deficit and Spread Assessment e Resolution Setting Public Hearing for (Deficit) Assessment on 8/16/82 • Resolution to Condemn Property 15. Executive Session per ORS 192.660(1)(f) re: Pending Litigation 16. Other Related Business and Adjourn e Call Special Council Meeting and Study Session 8/16/82 • Council LID Sub-Committee, Discuss • Other Business re: LID's e Adjourn PAGE 2 - COUNCIL AGENDA - AUGUST 2, 1982 4 ' July 30, 1982 NOTICE OF SPECIAL MEETING Notice is hereby given that a special Council meeting, called by the President of the City Council—, will be held on August 2, 1982 , at 7:30 P.M. , at City Hall, 12755 S.W. Ash Avenue, Tigard, Oregon The meeting is called for the purpose of considering various Local Improvement District (LID) projects and any other related issues as deemed necessary. President, City Council � f T I G A R D C I T Y C O U N C I L SPECIAL MEETING MINUTES - AUGUST 2, 1982 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors Tom Brian, John Cook, Kenneth Scheckla (arriving at 7:45 P.M. ), Nancie Stimler (leaving at 10:00 P.M.); Director of Public Works/Planning Director, Frank Currie; Finance Director/City Recorder, Doris Hartig; City Administrator, Bob Jean (arriving at 7:35 P.M.); Legal Counsel, Ed Sullivan; Office Manager, Loreen Wilson. 2. WATER BOARD STUDY COMMITTEE APPOINTMENTS (a) City Recorder submitted memorandum from the Mayr which requested appointments be made to the study committee, and to be ratified at the 8-16-82 meeting, as follows: City Administrator Arrived: 7:35 P.M. Council Position: Nancie Stimler Tom Brian - lst alternate John Cook - 2nd alternate Other Members: Martin Hill Bruce Clark (b) After brief discussion, consensus of Council was to appoint to the study committee as suggested by Mayor with ratification scheduled for 8-16-82 meeting. 3. SUMMARY OF LID SITUATION AND TIMETABLE (a) City Administrator discussed the limited time frame available for forming and assessing LIDS due to ballot measure No. 3 scheduled for the November 2, 1982 general election. This would effectively prohibit issuance of general obligation and bancroft bonds. He advised Council that if final action was not taken on any items presented at this meeting, the proposed LID would be considered "dead" and would not be pursued any further. (b) Mayor Bishop asked if the staff could handle the aggressive time frame. Councilor Scheckla Arrived: 7:45 P.M. (c) City Administrator and Director of Public Works stated that if Council wished to proceed with the LIDS that are presented, staff would handle the tight time frame. 4. LEGAL IMPLICATIONS OF 1 1/2% LIMITATION AND TMC PROCESS (a) Legal Counsel noted the essence of Ballot Measure #3 and agreed with City Administrator that the approval of this measure in November would virtually eliminate the use of bancroft bonding as financing for LID projects. He stated that the Legislature will have to study 71 the issue and the impact passage of the measure would have on local governments more thoroughly. Legal Counsel advised staff and Council. that the measure would roll back assessments to the 1979 rates. There would be no serial levies and no property transition tax on property sold. However, any bancroft bonds sold and delivered before November 2, 1982 would be exempt from the 1 1/2% limit. (b) Councilor Stimler questioned how this would effect Loaves and Fishes and TCYS. (c) City Administrator responded that those measures would be effected, however, no one knows at this time what the exact ramifications would be. (d) Legal Counsel stated that in reviewing the agenda items for the special meeting, he came across some apparent conflicts between the provisions of TMC 13.04.070 and 13.04.120 and .150. The conflict was with the provisions allowing the City to reject all bids or to waive any formality in the bidding process. Legal Counsel suggested a revision to the code which would clear up any conflicts and also allow the City to either reject all bids and undertake the improvement with City labor and materials or not to go to bid and to undertake the job on its own. (e) ORDINANCE No. 82-42 AN ORDINANCE REPEALING TMC SECTION 13.04.070, AMENDING TMC SECTIONS 13.04.120 AND 13.04.150; CREATING NEW PROVISIONS; AND DECLARING AN �. EMERGENCY. (f) City Administrator requested the word "construction" be added in Section 7 of the ordinance, second line to read: "with an estimated construction cost of less than $50,000 shall be done at the". (g) Motion by Councilor Scheckla, seconded by Councilor Cook to adopt as amended. Approved by unanimous vote of Council. 5. SUMMARY OF LID PROJECTS (a) Director of Public Works stated that the following LIDS were already committed to by Council action and would need further action to finish the project before November. Hampton Street LID #22 Tiedeman Avenue LID #29 Hoodview LID #32 72nd Avenue Deficit Assessment (LID #21) He discussed briefly the other projects on the agenda. City Administrator again stressed that those LIDs already formed must be assessed and closed before November 2nd in order for the City to not have to absorb all of the costs. C PAGE 2 — COUNCIL MINUTES — AUGUST 2, 1982 4 (b) Lengthy discussion followed regarding the Heidi Park LID request. Council expressed concern that this project would only serve one ff development. 4 6. HAMPTON, STREET AND SEWER, LID #22 (a) RESOLUTION NO. 82-80 A RESOLUTION CALLING FOR PUBLIC HEARING TO DETERMINE THE FINAL COST OF STREET AND SEWER IMPROVEMENTS IN THE SOUTHWEST HAMPTON STREET LOCAL IMPROVEMENT DISTRICT (LID #22), TO RATIFY AND ADOPT THE APPORTIONMENT AND ASSESSMENT OF THE COST TO RESPECTIVE PARCELS OF LANDS WITHIN THE DISTRICT, TO SPREAD THE ASSESSMENT AND DIRECT THE ENTRY OF ASSESSMENT IN THE LIEN DOCKET. (b) Public Hearing scheduled for August 16, 1982 at 7:30 P.M. (c) Motion by Councilor Stimler, seconded by Councilor Brian to approve. Approved by unanimous vote of Council. 7. TIEDEMAN AVENUE, SEWER, LID #29 (a) RESOLUTION NO. 82-81 A RESOLUTION CALLING FOR PUBLIC HEARING TO DETERMINE THE FINAL COST OF SEWER IMPROVEMENTS IN THE SOUTHWEST TIEDEMAN AVENUE LOCAL IMPROVEMENT DISTRICT (LID #29), TO RATIFY AND ADOPT THE APPORTIONMENT AND ASSESSMENT OF THE COST TO RESPECTIVE PARCELS OF LAND WITHIN THE DISTRICT, TO SPREAD THE ASSESSMENT AND DIRECT THE ENTRY OF ASSESSMENT IN THE LIEN DOCKET. (b) Public Hearing scheduled for August 16, 1982 at 7:30 P.M. (c) Motion by Councilor Brian, seconded by Councilor Stimler to approve. Approved by unanimous vote of Council. 8. HOODVIEW, SEWER, LID #32 (a) RESOLUTION NO. 82-82 A RESOLUTION CALLING FOR PUBLIC HEARING TO DETERMINE THE FINAL COST_ OF SEWER IMPROVEMENTS IN THE HOODVIEW LOCAL IMPROVEMENT DISTRICT (LID #32), TO RATIFY AND ADOPT THE APPORTIONMENT AND ASSESSMENT OF THE COST TO RESPECTIVE PARCELS OF LAND WITHIN THE DISTRICT, TO SPREAD THE ASSESSMENT AND DIRECT THE ENTRY OF ASSESSMENT IN THE LIEN DOCKET. (b) Public Hearing scheduled for August 16, 1982 at 7:30 P.M. (c) Motion by Councilor Stimler, seconded by Councilor Cook to approve. Approved by unanimous vote of Council. PAGE 3 - COUNCIL MINUTES - AUGUST 2, 1982 9. 74TH AVENUE, SEWER, LID 427 (a) ORDINANCE NO. 82-43 AN ORDINANCE AMENDING ORDINANCE NO. 82-39, RELATING TO THE 74TH AVENUE STREET IMPROVEMENT DISTRICT (LID #27); CHANGING THE DATES FOR SOLICITATION OF BIDS FOR CONSTRUCTION AND DECLARING AN EMERGENCY. (b) Bid opening date changed to August 16, 1982 at 2:30 P.M. (c) Motion by Councilor Cook, seconded by Councilor Scheckla to adopt. Approved by unanimous vote of Council. (d) RESOLUTION NO. 82-83 A RESOLUTION CALLING FOR PUBLIC HEARING TO DETERMINE THE COST OF STREET IMPROVEMENTS IN 74TH AVENUE LOCAL IMPROVEMENT DISTRICT (LID #27), TO RATIFY AND ADOPT THE APPORTIONMENT AND ASSESSMENT OF THE COST TO RESPECTIVE j PARCELS OF LAND WITHIN THE DISTRICT, TO SPREAD THE ASSESSMENT AND DIRECT THE ENTRY OF ASSESSMENT IN THE LIEN DOCKET. i (e) Public Hearing scheduled for August 16, 1982 at 7:31 P.M. (f) Motion by Councilor Stimler, seconded by Councilor Brian to approve. I Approved by unanimous vote of Council. 10. TIGARDVILLE HEIGHTS, STREET, LID #28 (a) ORDINANCE NO. 82-44 AN ORDINANCE AMENDING ORDINANCE No. 81-83, RELATING TO THE TIGARDVILLE HEIGHTS - STREET IMPROVEMENT DISTRICT (LID 428); CHANGING THE DATES FOR THE SOLICITATION OF BIDS FOR CONSTRUCTION AND DECLARING AN EMERGENCY. (b) Bid opening to be August 16, 1982 at 3:00 P.M. Brian to adopt. (c) Motion by Councilor Cook, seconded by Councilor E { Approved by unanimous vote of Council. j i (d) RESOLUTION NO. 82-84 A RESOLUTION CALLING FOR PUBLIC HEARING TO ' DETERMINE THE COST OF STREET IMPROVEMENTS IN THE TIGARDVILLE HEIGHTS LOCAL IMPROVEMENT t DISTRICT (LID 428); TO RATIFY AND ADOPT THE I APPnRTIONMENT AND ASSESSMENT OF THE COST TO RESPECTIVE PARCELS OF LAND WITHIN THE DISTRICT, TO SPREAD THE ASSESSMENT AND DIRECT THE ENTRY OF ASSESSMENT IN THE LIEN DOCKET. � i (e) Public Hearing to be August 16, 1982 at 7:30 P.M. i PAGE 4 - COUNCIL MINUTES - AUGUST 2, 1982 i f i I (f) Motion by Councilor Stimler, seconded by Councilor Brian to approve. Approved by unanimous vote of Council. (g) Director of Public Works noted that $29,000 was city participation since McDonald was a collector street. 11. MCKENZIE STREET, STREET LID #36 (a) Legal Counsel stated that the City would be directing the construction of this project. He also requested the ordinance show a corrected assessment roll that would total $56,500. (b) ORDINANCE NO. 82-45 AN ORDINANCE AMENDING ORDINANCE NO. 82-40 WITH RESPECT TO THE SW MCKENZIE (STREET) LOCAL IMPROVEMENT DISTRICT (LID #36) SO AS TO REPEAL SECTION 3 THEREOF; DIRECTING THAT NO CONTRACT BE LET FOR THE ACCOMPLISHMENT OF THE WORK AND THAT SUCH WORK BE DONE BY CITY LABOR AND MATERIALS; USING THE TOTAL ESTIMATE OF THE CITY ENGINEER AS A BASIS FOR CALLING A PUBLIC HEARING TO DETERMINE THE FINAL COST OF SAID IMPROVEMENT, TO RATIFY AND ADOPT THE APPORTIONMENT AND ASSESSMENT OF THE COST TO RESPECTIVE PARCELS OF LAND WITHIN THE DISTRICT, TO SPREAD THE ASSESSMENT, AND TO DIRECT THE ENTRY OF ASSESSMENT IN THE LIEN DOCKET; AND DECLARING AN EMERGENCY. t (c) Motion by Councilor Stimler, seconded by Councilor Brian to adopt as amended. Approved by unanimous vote of Council. (d) Legal Counsel stated that if the pre-assessment was more than the cost of the project, the difference would be refunded to the property owners. Director of Public Works stated if the pre-assessment was less than the final cost of the project, a deficit assessment could be charged. Mayor Bishop left the meeting at 8:45 P.M. and turned chair over to President Cook. 12. HEIDI PARK, STREET AND SEWER LID #31 (a) Director of Public Works discussed the proposed LID noting that this would not serve just one property owner, but two. He also drew Council's attention to the dangerous intersection currently existing in the area that the LID would help eliminate. Mayor Bishop returned to the meeting at 8:48 P.M. and chaired the meeting. PAGE 5 - COUNCIL MINUTES - AUGUST 2, 1982 (b) Councilor Stimler expressed concern regarding dangerous intersection and stated her support of the project because of that. ¢ (c) Councilor Brian stated his concern that this project would seem to be financing a developer's internal work and felt this was not the correct usage of the public money. Lengthy discussion followed regarding project. (d) RESOLUTION No. 82- DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET AND SEWER IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A STREET AND SEWER IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS HEIDI PARK LOCAL IMPROVEMENT DISTRICT (LID #31); DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF THE CITY'S ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. (e) Motion by Councilor Stimler, seconded by Councilor Cook to approve. Motion failed 2-3 vote of Council. Councilors Brian, Cook and Stimler voting nay. C (f) City Administrator stated this would "kill" the project. 13. MAIN STREET/PACIFIC HIGHWAY, STREET, LID #37 (a) Director of Public Works discussed with Council the need for the LID and noted that this would be a mutual benefit for the City and the developer. He stated that if the LID was not formed, the City would have to make the improvements and pay 100% of the cost. With the LID formed, the City and Developer would split the cost 50/50. (b) RESOLUTION NO. 82-85 DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS MAIN STREET/PACIFIC HIGHWAY LOCAL IMPROVEMENT DISTRICT (LID 437); DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF THE CITY'S ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. (c) Public Hearing to be August 23, 1982 at 7:30 P.M. (d) Motion by Councilor Cook, seconded by Councilor Scheckla to approve. PAGE 6 - COUNCIL MINUTES - AUGUST 2, 1982 Mayor Bishop stated that the developer was a member of his family, however, there was no financial participation with that member and he ( would thus vote on this issue for the good of the community. Approved by unanimous vote of Council. (e) RESOLUTION NO. 82-86 A RESOLUTION CALLING FOR PUBLIC HEARING TO DETERMINE THE COST OF STREET IMPROVEMENTS IN THE MAIN STREET/PACIFIC HIGHWAY LOCAL IMPROVEMENT DISTRICT (LID #37), TO RATIFY AND ADOPT THE APPORTIONMENT AND ASSESSMENT OF THE COST TO RESPECTIVE PARCELS OF LAND WITHIN THE DISTRICT, TO SPREAD THE ASSESSMENT AND DIRECT THE ENTRY OF ASSESSMENT IN THE LIEN DOCKET. (f) Motion by Councilor Scheckla, seconded by Councilor Brian to approve. Approved '-)y unanimous vote of Council. (g) Director of Public Works requested Council authorize him to enter into a contract with McKenzie Engineering Inc. for engineering service on the project, after the public hearing to form district. (h) Motion by Councilor Scheckla, seconded by Councilor Cook to authorize Director of Public Works to enter into contract with Mckenzie Engineering Inc. , after district is formed. r Approved by unanimous vote of Council. l (i) Motion by Councilor Stimler, seconded by Councilor Brian to call for bid opening on August 23, 1982 at 2:30 P.M. Approved by unanimous vote of Council. 14. MAIN STREET DEVELOPMENT/ASH AVENUE, STREET AND PARK, LID #38 (a) Mr. John Elingston, owner of Philadelphia Square Apartments, stated that he was in favor of the project. (b) JB Bishop, Developer of Main Street Development, supported the project concept because the streets were designed to assist the traffic flow in downtown Tigard. He noted that there were 5 property owners involved in the project boundaries. Mr. & Mrs. Lockwood, one of the property owners, is willing to donate land to the Fanno Creek Park. (c) Councilor Brian and Mr. Elingston discussed the ramifications of the development and how it would affect his apartment complex. Director of Public Works described where the placement of the Ash Avenue barricade would be and stated that this would probably create some traffic flow problems in the area of the apartments. (d) Councilor Brian stated he had e�i:pathy for the applicants, however, it i was Council's position to not finance private developments. Since the developer for Main Street Development owned 99.4% of the land in PAGE 7 - COUNCIL MINUTES - AUGUST 2, 1982 7� the project, Councilor Brian stated this LID did not meet Council's policies for formation. ' (e) City Administrator advised. Council that this was a policy issue, but wanted to stress the fact that since this is commercial property, the use of bancroft funding would enhance economic development in the area. (f) RESOLUTION NO. 82- DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS MAIN STREET DEVELOPMENT/ASH AVENUE LOCAL IMPROVEMENT DISTRICT (LID X638); DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND ADOPTING i PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF THE CITY'S ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. ' i i (g) Motion by Councilor Scheckla, seconded by Councilor Cook to approve. C Motion failed by 2-3 vote of Council. Councilors Brian, Cook and i Stimler voting nay. Councilor Stimler left meeting: 10:00 P.M. { 15. 72ND AVENUE, STREET, LID #21 ! (a) Director of Public Works advised Council that a deficit assessment would need to be ratified for 72nd Avenue LID due to right-of-way acquisition costs. The total to be assessed is $505,377.50. He E noted that if this amount was too high, money would be refunded to the property owners. (b) Finance Director advised Council that due to the tight time frame, bancroft bonding applications would have to be returned to the City 10 days after the date of mailing. Consensus of Council was to require return of applications within 10 days of the mailing date. s (c) RESOLUTION NO. 82-87 A RESOLUTION CALLING FOR PUBLIC HEARING TO DETERMINE THE FINAL COST OF STREET IMPROVEMENTS IN THE SOUTHWEST 72ND AVENUE AREA STREET LOCAL IMPROVEMENT DISTRICT (LID 6621); � TO RATIFY AND ADOPT THE APPORTIONMENT AND DEFICIT ASSESSMENT OF THE COST TO RESPECTIVE j PARCELS OF LAND WITHIN THE DISTRICT, TO SPREAD THE DEFICIT ASSESSMENT AND DIRECT THE ENTRY OF SUCH ASSESSMENT IN THE LIEN DOCKET. (d) Public Hearing is scheduled for August 16, 1982 at 7:30 P.M. I PAGE 8 - COUNCIL MINUTES - AUGUST 22 1982 i f I (e) Motion by Councilor Cook, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council present. (f) RESOLUTION NO. 82-88 A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR ACQUISITION OF CERTAIN RIGHTS-OF-WAY FOR 72ND AVENUE AREA LOCAL IMPROVEMENT DISTRICT, DIRECTING AN ATTEMPT TO AGREE WITH OWNERS AS TO COMPENSATION; THEREFORE AUTHORIZING CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHTS-OF-WAY. (Ident 70C & 71) (g) Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council present. RECESS: 10:10 P.M. RECONVENE: 10:15 P.M. 16. EXECUTIVE SESSION: The Tigard City Council went into executive session under ORS 192.660 (1)(f) to consider pending litigation issues. RECONVENE: Regular Session - 10:31 P.M. 17. OTHER RELATED BUSINESS ( 17.1 Mayor Bish:-)p called a special meeting for August 16, 1982 at 7:30 P.M. at which time Council would consider the public hearing called on LID issues and other matters brought before them. 17.2 City Administrator asked if the Council would like to form a LID subcommittee which would be a couple members of Council and would meet and make decisions on the LIDs in progress. This would help staff meet the tight time restraints and would keep staff from having to call many special Council meetings. Councilor Brian expressed desire to not have subcommittee at this time. 18. ADJOURNMENT: 10:35 P.M. j ff City Recorder - City of T' d ATTEST: t 41- t Mayor - City of Tigard PAGE 9 - COUNCIL MINUTES - AUGUST 2, 1982 TENTATIVE AGENDA FOR LID ISSUES A AS OF JULY 30, 1982 LID #22 — HAMPTON STREET — STREET AND SEWER IMPROVEMENTS August 2 • Determine Total project cost s Resolution setting public hearing for 8-16-82 final assessment August 3 • Take Notice to Tigard Times August 4 0 Mail assessment notices August 5 • Publish notice in Tigard Times August 16 • Hold public hearing to consider the assessments & hear objections to method of distribution • Adopt ordinance to levy assessments August 17 • Mail Bancroft Applications LID #29 - TIEDEMAN AVENUE - SEWER IMPROVEMENTS August 2 • Determine Total project cost • Resolution setting public hearing for 8-16-82 final assessment August 3 • Take Notice to Tigard Times August 4 • Mail assessment notices August 5 m Publish notice in Tigard Times August 16 • Hold public hearing to consider the assessments hear objections to method of distribution • Adopt ordinance to levy assessments August 17 • Mail Bancroft Applications PAGE 2 7-30-82 LID 1632 - HOODVIEW - SEWER IMPROVEMENTS August 2 Determine total project cost and spread assessment Resolution setting public hearing for August 16 for assessment August 3 • Take notice to Tigard Times August 4 • Mail assessment notices August 5 • Public hearing notice appears in Tigard Times August 16 • Hold public hearing to consider the assessments & hear objections to method of distribution • Adopt ordinance levying assessments August 17 a Mail Bancroft Applications LID 1627 - 74TH AVENUE - STREET IMPROVEMENTS August 2 • Determine total project cost and spread assessment • Resolution setting public hearing for August 16 for i assessment • Ordinance amending call for bid and bid opening dates as follows: Call on 8/5 & 8/10 in Tigard Times & 8/9/82 in Daily Journal of Commerce - Bid Opening to be on 8-16-a2. Ordinance to be amended is August 3 • Take notice to Tigard Times August 4 • Mail assessment notices August 5 • Public hearing notice and call for bids appears in Tigard Times August 9 • Call for bids appears in Daily Journal of Commerce August 10 • Call for bids appears second time in Tigard Times August 16 • Bid Opening 6 redistribute total cost • Hold public hearing to consider the assessments & hear objections to method of distribution • Adopt ordinance levying assessments August 17 • Mail Bancroft Applications C PAGE 3 7-30-82 LID #28 - TIGARDVILLE HEIGHTS - STREET IMPROVEMENTS August 2 • Determine total project cost and spread assessment ` • Resolution setting public hearing for August 16 for assessment • Ordinance amending call for bid and bid opening dates as follows: Call on 8/5 & 8/10 in Tigard Times & 8/9/82 in Daily Journal of Commerce - Bid Opening to be on 8-16-82. Ordinance to be amended is i August 3 • Take notice to Tigard Times 4 August 4 • Mail assessment notices August 5 • Public `hearing notice and call for bids appears in Tigard d Times August 9 s Call for bids appears in Daily Journal of Commerce f i August 10 • Call for bids appears second time in Tigard Times i August 16 s Bid Opening & redistribute total cost • Hold public hearing to consider the assessments & hear objections to method of distribution i a Adopt ordinance levying assessments c August 17 • Mail Bancroft Applications x LID X36 - McKENZIE STREET - STREET IMPROVEMENTS *� August 2 • Determine total estimated cost and spread for property owners (NOTE: Frank Currie has determined this will be s $60,000)? • Resolution setting public hearing for August 16 for levying assessment O 1< o Ordinance determining Council can supervise construction i ri�,U ? and hire labor and equipment (ORS 279.023 & 025) and o voiding bid opening date of September 2, 1982 which was set per Ordinance No. 82-40 August 3 s Take notice to Tigard Times of assessment hearing F August 4 • Mail assessment notices I-, Ctrl August 5 • Public rearing notice appears in Tigard Times August 16 • Hold public hearing to consider the assessments hear objections to method of distribution • Adopt ordinance levying assessments August 17 0 Mail Bancroft Applicat!Dns PAGE 4 7-30-82 LID 431 - HEIDI PARK - STREET AND SEWER IMPROVEMENTS � u - August 2 • Determine total estimated cost and spread for property owners • - Resolution of intent setting public hearing for August 16th • - Resolution setting public hearing for August 16 for levying assessment • - Ordinance determining Council can supervise construction and hire labra and equipment (ORS 279.023 & 025) August 3 • Take notice and resolution to Tigard Times August 5 o Resolution and notice appear in Tigard Times • Mail notic. -"or public hearing and assessment notices August 16 • Hold public hearing to hear objections and remonstrances to form district • Pass ordinance forming district s Homed public hearing to consider the assessments & hear objections to method of distribution • Adopt ordinance levying assessments August 17 • Mail Bancroft Applications LID #37 - MAIN STREET/PACIFIC HIGHWAY - STREET IMPROVEMENTS August 2 e Determine total estimated cost and spread for property owners • Waiver signed by JB Bishop • _Resolution of intent setting public hearing for August 23rd (with verbage as follows "bid will be used to determine cost and will be used to levy assessments" - per Frank Currie) w .-Resolution setting public hearing for August 23 for assessment (with verbage as follows "bid will be used to determine cost and will be used to levy assessments" - per Frank Currie) • Authorization Director of Public Works to sign contract with McKenzie Engineers _i„c • _ Authorize call for bids on August 12, 1982 to be opened on 8-23-82 (Call to be advertised in Tigard Times on August 12 & 19 and in Daily Journal of Commerce on 8-12-82) August 3 • Take resolution and public notice to Tigard Times August 12 • Resolution, notice and call for bids appear in Tigard Times e Mail notice for intent public hearing and assessment notices { ® Advertise for bids on Daily .Journal of Commerce rti ;,t�i u.Z✓ t � p F'1 rr c+..���. ,r '-�' c r' r,-; lr .,. `t ,: ,'r ^.c` r .v � August 19 • Advertise for bids in Tigard Times PAGE 5 7-30-82 LID #37 - MAIN STREET/PACIFIC HIGHWAY - STREET IMPROVEMENTS (CONTINUED) August 23 • Open bids & redistribute total cost • Hold public hearing to hear objections and remonstrances to form district e Pass ordinance forming district e Hold public hearing to consider the assessments & hear objections to method of distribution • Adopt ordinance levying assessments e Property owner signs Bancroft bonding application LID #38 - MAIN STREET DEVELOPMENT/ASH AVENUE 1 `STREET IMPROVEMENTS August 2 • Determine total estimated cost and spread for property owners • Waiver signed by all property owners e - Resolution of intent setting public hearing for August 23rd (with verbage as follows "bid will be used to determine cost and will be used to levy assessments" - per Frank Currie) • - Resolution setting public hearing for August 23 for assessment (with verbage as follows "bid will be used to determine cost and will be used to levy assessments" - per Frank Currie) • _ Authorization Director of Public Works to sign contract with McKenziel-SaJ3to Engineers ,-- • - Authorize call for bids on August 12, 1982 to be opened on 8-23-82 (Call to be advertised in Tigard Times on August 12 & 19 and in Daily Journal of Commerce on 8-12-82) r August 3 e Take resolution and public notice to Tigard Times i August 12 • Resolution, notice and call for bids appear in Tigard Times i • Mail notice for intent public hearing and assessment notices • Advertise for bids on Daily Journal of Commerce August. 19 • Advertise for bids in Tigard Times k August 23 • Open bids & redistribute total cost • Hold public hearing to hear objections and remonstrances to form district • Pass ordinance forming district • Hold public hearing to consider the assessments & hear objections to method of distribution • Adopt ordinance levying assessments • Property owners sign Bancroft bonding applications i - i PAGE 6 f 7-30-82 t\ LID #21 - 72ND AVENUE - STREET IMPROVEMENTS '."tL t : August 2 _• Determine total deficit and spread assessment • Resolution setting public hearing for August 16 for deficit assessment August 3 • Take notice to Tigard Times August 4 • Mail assessment notices August 5 • Notice appears in Tigard Times August 16 -0 Hold public hearing to consider the assessments hear objections to method of distribution • Adopt ordinance levying assessments August 17 • Mail Bancroft Applications LID #21 - 72ND AVENUE - STREET IMPROVEMENT August 2 • Resolutions to condemn property. Marlin DeHaas is writing these and will hand carry to Attorney's office on the afternoon of the 30th or morning of the 2nd. LW C August 2, 1982 Orr,- TO: Mayor & City Council Members FROM: Joy SUBJECT: Basic Deadlines for Current LID's august 4982 september 4982 o t r 1982 9 5 M T W T f 5 5 M T W T F 5 S W T F 5 t 2 1 2 3 4 3 6 7 1 2 7 4 6 9 10 I1 12 3 It 3 6 7 8 9 10 11 1/ 2 3 is 1 1 13 16 17 18 19 20 21 12 13 14 13 16 17 18 --- - 19 20 21 22 23 24 25 7 18 19 20_ 21 -- - 22 23 24 23 26 27 28 23 26 27 28 30 29 30 31 i 26 27 28 29 30 ' �� Nov: 2 General Election. Bonds must be sold prior to thi date t e excluded from the impacts of the limitation. Oct. 29 Closing and deliver bonds. Oct. 12 - 29 Time required by bond counsel to review, prepare and print bonds. Oct. 11 Open and award bids. Sept. 21 - Oct. 11 Time required to prepare and receive bids. Sept. 23 Publish Tigard Times's & Daily Journal of Commerce & call for bids. Sept. 20 Pass Ordinance calling for bids for bonds. Sept. 7 - 17 Research and prepare prospectus. Aug. 17 - Sept. 3 Receive applications for Bancrofting or pay cash. Aug. 17 Mail notices of assessments. Aug. 16 Public Hearing to hear objections, award bid and spread assessments, or to delay the LID till after Nov. 2. 10 days required by TMC and C)RS. g Aug. 2 ubli.c Hearing - Form district according to the Final Engineers' Report. Prepare notices for (a) calling for bids, (;,) notifying owners of benefitted properties of public hearing for objections, and (c) notifying owners of assessments and of public hearing to spread assessments, using engineer's estimate for pre-assessments. v O'DONNELL. RHOADES. GERBER DATE: August 2, 1982 SULLIVAN & RAMIS ATTORNEYS AT LAW TO: City Council ` 1727 N.W. HOYT STREET PORTLAND. OREGON 97209 (503) 222-4402 FROM: City Attorney RE: Proposed Amendments to TIIC Chapter 13.04 In reviewing the 11 agenda items for the special meeting of the council for August 2, 1982, I came across some apparent conflict between the provisions of TIBC 13 .04 . 070 and 13. 04 .120 and .150 . All three sections are attached. Section 13. 04 .070 is a part of the original 1962 city Code; however, this section appears to have been impliedly repealed by the adoption of TMC §§ 13 .04 .120 through .150 . In any case, both should not remain on the books. I have, therefore, prepared an ordinance repealing § 13 . 04.070 and putting in the proviSons which are applicable to the city bidding process in new provisions and in amendments to S 13.04 .150. The attached provisions allow the city to reject all bids or to waive any formality in the bidding process but ccatinue present Code provisions that contract be awarded to the lowest responsible bidder. Additionally, the proposal allows the city either to reject all bids and undertake the improvement with city labor and materials or not to go to bid and to undertake the job on its own. I recommend this ordinance as a means of clarifying the present bidding process for local improvement districts in Tigard. If I can be of any assistance to the council on this matter, please contact me. i f 4 k d >r 13. 04 .040--13. 04 . 070 i" - 13 . 04 . 040 Notice. The resolution of the city council declaring the purpose of the improvement shall be published at least twice in a newspaper of general circulation published in the city, provided that the first publication shall be not less than ten days prior to the time when all persons inter- ested may present their objections to the improvement. Such notice shall specify the time and place where the council will hear and consider objections or remonstrances to the proposed improvement by any parties aggrieved thereby. (Ord. 62-6 §4 , 1962) . 13 . 04 . 050 Remonstrance. Within ten days from the date of the first publication of the notice required to be pub- lished in Section 13.04 . 040, the owners of sixty-six and two-thirds percent or more in area of the property within the assessment district may make and file with the city clerk a written objection or remonstrance against the proposed im- provement, and such objection or remonstrance shall be a bar to any further proceeding in the making of such improvement for a period of six months , unless the owners of one-half or more of the property affected shall subsequently petition therefor. (Ord. 62-6 S5, 1962) . 13 .04 . 060 Ordering improvement. If no such objection or remonstrance is made or filed with the city clerk within the time designated, the city council shall be deemed to have acquired jurisdiction to order the improvements to be made and the city council may thereafter provide by ordinance for the making of such improvement, which shall conform in all reasonable particulars to the plans and specifications previously adopted. (Ord. 62-0 §6, 1962) . 13 . 04 . 070 Bids. When any improvement is ordered the city clerk upon instruction from the city council, shall im- mediately invite proposals for making the same. The proposals shall be opened in the presence of a majority of the city council and the contract awarded to the lowest responsible bidder for either the whole of the improvement or such part as will not materially conflict with the completion of the remainder. The city council shall have the right to reject any or all proposals received. If all proposals shall be rejected the city council shall have power by resolution duly adopted, to order that such improvement, or any portion, may be made under the direction of the city council by purchasing the materials and hiring the labor. The city council shall have the power to provide for the proper inspection and supervision of all work done and to do any other act to secure --he faithful carrying out and the completion of all contracts, and the making of all improve- ments in strict compliance with the ordinances and specifica- t 164 13.04 . 080 the work, the total estimate of the city engineer shall be considered to be the contract price for the improvement dis- trict. In any event whether there be a contract price arising from a bona fide contract or whether the estimate of the city engineer be used as hereinabove provided, there shall be added to said contract price the cost of right-of-way and ex- penses of condemning the land, all costs of engineering, superintendence, advertising and legal expenses and also any . and all other necessary and proper expenses incurred which additional amounts shall be and do become a part of the amounts to be assessed against each lot, part of lot and parcel of lard benefited by the improvement . The assessment as adopted by the city council against each lot or parcel of land shall be declared by ordinance and the city clerk shall thereupon enter the same in the lien docket of the city, each improvement district estimate and assessment being maintained in a separate docket from other prior or subsequent estimates and assessments. Assessments shall thereupon become a lien upon the property assessed from and after the passage of the ordinance spreading the same and entry in the appropriate city lien docket. The city may thereafter enforce collection of such assessments as provided by ORS Sections 223. 505 to 223. 650 . If the initial assessment has been made on the basis of estimated cost and upon completion of the work the cost is found to be greater than the estimate , the city council may make a deficit assessment for the additional cost. Proposed assessments upon respective lots within the assessment dis- trict for the proportionate share of the deficit shall be made, and notices of such assessments shall be given as pro- vided with respect to the original assessment as hereinabove in this section set forth, and all objections filed with the city clerk within the time limited therefor shall be con- sidered, and determination of the deficit assessment against each particular lot, block or parcel of land shall be made as in the case of the initial assessment, and the deficit assessment with respect to each lot and block shall be fi- nally determined by the city council and spread by ordinance as in the case of the initial assessment. If assessments have been made on the basis of estimated cost and upon completion of the work the cost is found to be less than "the estimate, the excess assessment shall be re- apportioned and credited to each lot and block according to the manner in which the original assessment was computed. (Ord. 62-6 S8, 1962) . 166 13 . 04 .090--13.04 . 120 13 04 090 Abandonment of proceedings. The city council shall have full power and authority to abandon and rescind proceedings for projects hereunder at any time prior to the final consummation of such proceedings, and if liens have been assessed upon any property under this procedure, they shall be cancelled, and any payments made thereon shall be refunded to the payer, his assigns or legal representative. (Ord. 62-6 §9 , 1962) . 13.04 . 100 Curative provisions . No assessment shall be invalid by reason of a failure to give, in any report, in the proposed assessment, in the ordinance making the assess- ment, in the lien docket or elsewhere in the proceedings, the name of the owner of any lot, tract or parcel of land or the name of any person having a lien upon or interest therein, or by a mistake in the name of any such person having a lien upon or interest in such property, or by reason of any error, mistake, delay, omission, irregularity, or other act, juris- dictional or otherwise, in any of the proceedings or steps hereinbefore specified, unless it appears that reasonable notice has -not been given of the hearing upon the proposed assessment or that the assessment as made, insofar as it affects the person complaining, is unfair and unjust, and the city council shall have the power and authority to remedy and correct all such matters by suitable action and proceed- ings. (Ord. 62-6 §10 , 1962) : 13 04 110 When preliminary plans and specifications required. At any time it is proposed by any department of the city to undertake any public improvement involving ex- penditures in excess of five hundred dollars , the officer in charge of such department shall prepare, or- cause to have prepared, specifications and plana for the work in prelimi- nary form and shall submit them to the city recorder or city clerk for preliminary approval by the city council. The city recorder or city clerk shall bring the proposed public im- provement before the council at the next regular or special meeting. Such preliminary plans and specifications shall include a statement of the purpose of the improvement, whether or not funds are specifically budgeted or available for such expenditure, the estimated cost, and the probable time of completion and need for the improvement. The city officer in charge of such department shall personally, or by designated subordinate, present the pro- posal to the council at said meeting. (Ord. 65-14 §1, 1965) . 13.04 . 120 Bids--Notice. Upon approval by the council of the preliminary plans and specifications , either as 167 13 .04 . 130--13 .04 . 150 submitted or as amended, the city recorder or city clerk . shall give notice of intention to receive written sealed bids at a time and place in the notice to be set forth. The notice shall fully describe the purpose for which the bids are being solicited and the time and place of opening of the bids , and shall further state that plans or specifications , or both , may be obtained from the city recorder' s office, unless the specifications are included in the notice. Such notice shall not be publicized until completion of plans or specifications as may be necessary. Except as stated in Section 13 .04 . 130 , the notice shall be published in one issue of a newspaper of general circula- tion and published in the city, not less than one week prior to the date of opening of the bids. (Ord. 65-14 §2, 1965) . 13 04 130 Informal bidding procedures. Where the in- terests, or property, of the city would suffer material in- jury by delay, or where the council determines that the city' s public interest would be materially benefited by immediate purchase or contract, the city council, by unanimous declara- tion of all councilmen present of such fact, entered in the minutes of the meeting, may direct that competitive bids be secured informally through public advertising or the cir- cularization of written notice for bids , or both, containing E. +. the necessary specifications and requirements for the public improvement, obtained in the or stating that they may be office of the city recorder. In such instance of informal bidding procedures , rea- sonable measures shall be taken that calls for bids be adequately advertised and the prospective bidders have a reasonable opportunity to submit their bids, and in such cases of informal bidding procedures, sealed bids likewise shall be submitted and opened at a time and place appointed therefor. (Ord. 65-14 §3 , 1965) . 13.04 . 140 Bids--Sealed. All bids shall comply with the requirements of the notice, shall be sealed and filed with the city recorder, and shall not be opened prior to the time fixed in the notice. (Ord. 65-14 §4 , 1965) . The cic official or au- 13,04 . 150 Bids--Opening. Y thorized representative concerned with the public improve- ment shall be present at the time and place specified in the notice and shall publicly open all bids filed. All bids shall then be promptly evaluated by the public officer and a memorandum recommending acceptance or rejection thereof prepared for consideration by the city council. The public officer shall not consider any bid which does not 168 13.04 . 160 comply with the terms or conditions fixed by the notice or invitation for bids. (Ord. 65-14 §5, 1965) . 13 .04 . 160 Filin of documents required. All official speciracataons, plans, bads, acceptances, copies of purchase orders and other documents forming part of the "public im- provement file" shall be maintained at all times in the office of the city recorder and be available for public inspection. (Ord. 65-14 §6, 1965) . 169 August 2, 1982 t MEMORANDUM TO: City Council / FROM: Public Works Director SUBJECT: Engineer's Report - Hei Park LID #31 I am herebv submitting a brief engineer's report summarizing my study of the pro- posed Heidi Park local improvement district. The total cost of the project is $60,784.75. i i c i i i i 't F i 1 I k +f I f {t t t i t R 1 HEIDI PARK LID #31 ENGINEER's REPORT SCOPE This report summarizes the study for the proposed Heidi Park improvements. This LID will provide public improvements to serve seven platted lots in Heidi Park Subdivision and a large undersided parcel. The improvements include streets, sanitary sewer and storm drainage to City standards. LID BOUNDARY The proposed LID is located at the intersection of SW 110th Avenue and SW Garden The proposed park Place in Section 3 T2S Rlroperty Of lines andtincclludese snalleproperty within approxi- boundary follows established property Y approximate 112 feet mately 114 feet south of SW Garden Park Place and within rooverr�ent on SW Garden north of SW Garden Park Place, all west of the existing imp Park Place and east of Sw 110th Avenue. LOCATIONS Several ewer locations for sanitary sewer were investigated to serve all the properties south of SW Garden Park Place. The least expensive was to build two ex- tensions of the existing system; one to serve lots 6 and 7 by coming between lots 4 and 5 and crossing SW Garden Park Place and the SEecorner ofmt e g up intersecsw Otion I AAvenue to serve the larger undivided parc of SW Garden Park Place and SW 110th Avenue. Full street improvements will be *Wade to SW Garden Park Place and 1/2 street im- provements to Sw 110th Avenue. Storm drainage will be provided down SW 110th Avenue including underground stora�� in a 60 pipe with a controlled outlet. BENEFITS & ASSESSMENTS Only the property on the south side of SW Garden Park Place will benefit from sanitary sewers as the properties on the north side are already served. The two lines are equal in cost and it is proposed to spread the total sanitary sewer costs 1/2 to lots 6 and 7 and 1/2 to the undivided parcel. All lots will benefit from the street and storm drain improvements. It is proposed to spread the assessments of a 1/2 area and 1/2 front footage basis with corner lots where further streets are to be improved being charged only one for area. Assessments are spread according to the following table, also showing assessed valuation and any bonding deficiencies. H U I o 0 0 0 0 0 0 0l t I Q I I I 1 I H O \D N k.0 -1Ln rN-1 Ln Ol ri M M Cl) I: co . N C lD Ol lfl lD I0 N C' M [� I� [� rl C3'% N DO d' Ln Ln Ln [� N lD M M M C' 00 O N % j 00 N O co C d' C' O d, O .--1 O N N NO r � M to O O O r-1 00 O �D H co t` r � I- r- M co Q a 1 1 I 1 1 1 0i 0I 0 0 0 CID 0 to � � o wj O N N N d' r-I O C> N N N Ln f- Ln Ln O O M O O Ol Ol m M O ON co M M M M M (- "C -Z lDON 00 co rn m M U>- 3 C�7 r7 to s~ a a o as b a 0 o M QI N M to C' p' i o; £9//i ,PO Std oo Lo N ' ti- 3 rr Jt Q O O lh `�' 92 '•b// �y O 00.9/o O/V (\3 $ Ll co Pb oe'sc a `1 � ... hl cj- .602// � n ' �. o /y..00,9/o O S a ^ Q v Oq6) R c O � V �! N � �sbia� o °' 3 v `O t v k Q v w o In $ i- ;qqr � ¢ n r It m N Q �� y Z. 4 oc 2� -- -� of,Soe/ yv 0O•� OO S/ 071 L Tc / `u / ' 3..00.8/00 Al'N �nivont� Ny oii M•so l to i �i L8� �� t NZ 4 Z1 CITY OF TIGARD, OREGON RESOLUTION No. 82- DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS MAIN STREET DEVELOPMENT/ASH AVENUE LOCAL IMPROVEMENT DISTRICT (LID # 38); DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF THE CITY'S ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. WHEREAS, the City Council has accepted a petition requesting street improvements and has ordered preparation of a preliminary engineering report, pursuant thereto, at the Council's special meeting of August 2, 1982; and WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, City Council finds is expedient and necessary to order the improvement of the hereinbelow described lands by construction of street facilities and appurtenances thereto, and pursuant thereto the City's Engineer has submitted to the Council plans, specifications and estimates for the work to be done and the probable cost to be benefited and the apportionment of the total cost of the improvements which each of said lots, parts of lots and parcels of land shall be assessed on account of the benefits derived; and WHEREAS, the Council finds that said plans, specifications and estimates are satisfactory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD as follows: 1 (a) That the City Council does hereby deem it expedient and necessary, and does hereby declare its intention to improve the aforesaid portion of Main Street Development/Ash Avenue by construction of street facilities and appurtenances thereto. (b) That all lands situated within the boundaries described on the attached "EXHIBIT A" are determined and declared to be a street improvement assessment district, to be known as Main Street Development/Ash Avenue Street Improvement District # 38, and it is further declared that each lot, part of lot and parcel of land within said boundaries will be especially benefited by said improvements, and that the total estimated cost of $611,000.00 for said improvements shall be assessed in full against all lands within said improvement district on area basis. (c) That Monday, the 23th day of August, 1982, at the hour of 7:30 P.M. , at Fowler Junior High School Lecture Room, 10865 SW Walnut, Tigard, Oregon, be, and the same is hereby set as the time and place for hearing and considering objections or remonstrances to �. the proposed improvement by any parties aggrieved thereby; however, (d) That plans, specifications and estimates with respect to the improvements shall be submitted by the City's engineers and shall be maintained on file by the City Recorder for public inspection at least 10 days prior to the public hearing. (e) Within ten days from the date of the publication of the notice of this resolution, the owners of 66 2/3% or more in area of the property within the boundaries described on "EXHIBIT A" hereto attached, may have and file with the City Recorder a written objection or remonstrance against the proposed improvements, and such written objections or remonstrances shall be a bar to any further proceeding for six (6) months. (f) That the City Recorder be, and she is hereby directed to give notice by causing to have this resolution published in the Tigard Times issue of August 12, 1982. Dated at Tigard, Oregon this day of 19 Mayor ATTEST: City Recorder RESOLUTION NO. 82— Page 2 EXHIBIT "A" Boundary Description Main Street Development A LOCAL IMPROVEMENT DISTRICT situate in the N.E. 1/4 , section 2 , T2S , R1W, W.M. , City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at the southeasterly corner of Lot 9 , BURNHAM TRACT, a duly recorded subdivision, said point also being on the centerline of S .W. Ash Street; thence South 45046 ' East, 20 .0 feet to a point on the southerly right of way line of said S .W. Ash Street; thence, along said southerly right of way line, South 42'05' West, to a point that is 56.6 feet northeasterly from the northwest corner of that parcel as conveyed to Mike and Tanya Lockwood and recorded in Book 948, Page 512, Washington County deed records; thence South 2055 ' East, 80 .0 feet to a point on the southwesterly line of said Lockwood tract; thence, along said southwesterly line, northwesterly to a point that is 25. 0 feet, when measured at right angles from the centerline of said S .W. Ash Street; thence, parallel with the centerline of said S .W. Ash Street, South 42405' West, to a point on the northeasterly right of way line of S .W. Hill Street; thence, along said northeasterly right of way line, northwesterly 5. 0 feet to a point of intersection with the southeasterly right of way line of said S .W. Ash Street; thence northwesterly to the southwest corner of said Lot 9 ; thence, along the southwesterly line of said Lot 9, North 44415' West, 25.0 feet to a point; thence, parallel with the centerline of said S .W. Ash Street, North 42005 ' East, 205.7 feet to a point on the northeasterly line of that tract as conveyed to A.G. and G.E. Hanneman recorded in Book 794 , Page 931, Washington County deed records; thence, along the northeasterly line of said Hanneman tract and a northwesterly extension thereof, North 44'27' West, 385 feet more or less to a point on the northwesterly line of said Lot 9 ; thence, along the northwesterly line of said Lot 9, South 48037 ' West, 60 feet more or less to the southwesterly corner of that tract as conveyed to Main Street Land Corp. , recorded in Fee No. 81-005694 , Washington County deed records; thence, along the southwesterly line of said Main Street Land Corp. tract and also the southwesterly line of that tract as conveyed to the Main Street Land Corp. recorded in Fee No. 81-005705 Washington County deed records, North 44410' West, 821.6 feet to a point on the southeasterly right of way line of State Highway 99W; 1 W Boundary Description Main Street Development right of way line of said thence, along the southeasterly State Highway 99 553 .7 feet to the northeasterly 47, northeasterly corner of that tract as conveyed to Main Street tyLand Crecords; line recorded in Fee No- 81-005694. Washington said Main Street Land thence, along the no 439. 5 feet to a point on the Corp. tract, South 43047 ' East, westerly line of Lot 2 of said BURNHAM TRACT; thence, along the westerlys to he of said Lot 2 ,rtherly corner ofuthat th otract aas, 60 .0 feet moreor conveyed to Main Street Land Corp. , recorded in Fee No. 81-005719 , Washington County deed records; thence, along the northeasterly line of said Main Street Land Corp. tract, South 45046' East, 240.0 feet more or less to a point on the north line of Lot 4 of said BURIIIjRM TRACT; 'JAI T;est, thence, along the north line of said Lot 4, South 45 _ to the northeast corner of said Lot 9 ; thence, along the northea38.0 sterly toline of e point 1ofLbeginning. South 45046 ' East, i 2 CITY OF TIGARD, OREGON RESOLUTION No. 82- INE OF STREET RESOLUTIN CALLING THE MAIN PUBLIC STREET DEVELOPMENT/ASH ING TO AVENUE H LOCAL IMPROVEMENT IMPROVEMENTS DISTRICT (LID 438) , TO RATIFY AND ADOPT THE APPORTIONMENT AND ASSESSMENT O THIN , THE COST TSD SPECT E PARCELSENTRY OOF F ASSESSMENT W1 IN THEEL EN DISTRICTDOCKET,TO SPREAD THE ASSESSMENT as, by Resolution No. 82- on August 02, 1982, WHEREAS, The Council h authorized and directed that the street improvements within the boundaries of rict the Main Street Development/Ash describedhinvenue Street Local said resolution, bemundetakenent Dbytcontract(LII, gp38) , as bounded and des and that that work should be completed; and WHEREAS, The Council declares that the total assessable cost of the improveme _ 7s within the boundaries of the Improvement District will eorthe sum rts of $611,000.00 and the Council further finds that all lots, p of lots witls defined in i benefitheted and etogethere shallr bears equitable shares saidresolution etheucost Distict are specially of the improvement; and further finds that the apportionment of the cost of WHEREAS, The Council the im ent upon each lot, part of lot or parcel, as prepared by the City, entitled "Main Street and as ser_ forth in the attached p rovement schedule, District 438," which by Development/Ash Avenue Street Local Improvement reference is made a part otthis each from the improvementsinando the special and peculiar benefits accruing o NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD AS FOLLOWS: 1: the City Council does hereby deem it expedient and Section That necessary, and does hereby declare its intention to make assessments on the aforesaid portion of Main Street Development/Ash Avenue LID. Section 2: The Council further finds that the City Recorder of the City of t-1—ga—rdbe, and she is hereby, directed to give notice by mail or cause to be personally delivered to the owner of each lot or tract proposed to be L:_L .i, o shall state the amount of the assessed a notice of assessment, w«l�« r=o��" date by which time assessment proposed on that property and also state a objections should be filed with the City Recorder. Section 3: That Monday, the 23rd day of August, 1982, at the hour of 7:30 P.M. , at Fowler Junior High School Lecture Room, 10865 SW Walnut, Tigard, are hereby set as the time and propace for osed improvement ing and Oregon, be and the same by any considering objections or remonstrances to the p posedimprovement parties aggrieved thereby. The City Council at that time shall determine the assessment to be properly apportioned according to the special and peculiar benefits accruing to each parcel, part of lot, or lot within the Improvement s designated District. Each lot, parcel, or part of lot iarttof this resolution• apportionment schedule as herein attached and made a p __a�a Section 4: That the City Recorder be, and she is hereby, directed to <� publish a notice of the hearing in the Tigard Times, issue of August 12, 1982. Section 5: Within ten days from the date of the publication of the notice of this assessment hearing, written objections or remonstrances against the proposed final assessment may be made and filed with the City Recorder. PASSED: By vote of all Council members present, this day of August, 1982. Mayor — City of Tigard ATTEST: City Recorder — City of Tigard t PAGE 2 RESOLUTION NO. 82— CITY OF TIGARD LOCAL IMPROVEMENT DISTRICT #38 MAIN STREET DEVELOPMENT ON-SITE AND OFF-SITE IMPROVEMENTS August 2, 1982 I� a,— MACKENZIE ENGINEERINC INCORPORATED August 2, 1982 City of Tigard 12755 S.W. Ash Avenue Tigard, Oregon 97223 Attention: City Council Honarable Mayor and City Council: RE: Local Improvement District #38 Main Street Development On-Site and Off-Site Improvements As requested by the Director of public Works, we have completed our study for the Main Street Development Public Improvements, Local Improvement District. Data presented in the attached study includes prelimin- ary cost estimates, a District boundary description and a map, and discussion of the method of assessment. The estimated Project cost is $611, 000.00 Assessments are entirely based upon land area. Respectfully submitted, MACKENZIE ENGINEERING INCORPORATED, ( David G. Larson, P.E. DGL/tmm Enclosures i Principals: 1. Thomas R.Mackenzie Eric T.Saito M.M.Breshears -9560 0690 S.W. BANCROFT STREET PORTLAND, OREGON 97201 PHONE 503/224 MACKENZIE ENGINEERING INCORPORATED LOCAL IMPROVEMENT DISTRICT #38 MAIN STREET LAND - PUBLIC IMPROVEMENTS Scope: This report summarizes our study for the proposed Main Street Land Commercial Development Local Improvement District. The public roadway improvements are as pre- sented in the General Development Plan Document for the "Main Street Project" , which was approved by the Tigard Planning Commission on April 5, 1982. The pro- ject was subsequently approved by the City Council on April 26, 1982. with conditions. The Local Improvement District (L.I .D. ) includes the following items requested by the Planning Commission as conditions of approval of the development: 1. Traffic signal at main entrance - Pacific Highway. 2. Interior streets, built to minor collector standards including utilities. 3. Ash Street, from Hill Street to Fanno Creek, built to minor collector standards. f 4. City Park rough grading and stabilization. Local Improvement District Boundary The proposed Local Improvement District (L.I.D. ) is located in Section 2, T-25,R-1W,W.M. Tax lots in- clude those shown on Washington County Tax Assessor's map 251 2AC: 1200, 1300, 1400, 1500, 1600, 2200, 201, 2301 and 2300. A portion of tax lots 300 and 301 of map 2S12DB are also included. Benefits: All tax lots within the District boundary will benefit_ I from the proposed improvements and are assessed accord ing to the benefit to each. I I- Main Entrance Signal: The success of the project relies upon the enhanced access to Pacific Highway. The parcels proposed on the south side of Ash Street will also derive some benefit in time saved (direct access to Pacific Avenue) and safety of a controlled intersection, for trips directed towards Portland on Highway 217. Currently, no signal exists at Frewing and Pacific, with sub- stantial delays to either Portland or Sherwood bound traffic. MACKENZIE ENGINEERING INCORPORATED 2. Interior Streets: The interior stt-eets provide circulation for commercial development of the par- cels, as well as a connection from the Ash Street neighborhhod to Downtown Tigard, and those parcels on the south side of Ash Street will benefit by reduced travel time to the Downtown area and Pacific Highway. 3. Ash Street: Of all the improvements proposed, the completion of Ash Street, from Hill to Fanno Creek, has the most benefit to the parcels on the south side of Ash Street. This will provide im- proved access to Pacific Highway, as well as in- stallation of curbs to eliminate unsightly and inefficient ditches. Tax lots adjacent to existing uncurbed pavement are assessed to a lesser degree than those with- out adjacent pavement. Tax lot 300 (2512DB) is assessed for only that area above the Corps of Engineers 100 Year Floodplain (generally viewed as buildable area) . 4. City Park: The improvements in the Park area have been included in preliminary long term Park plans and are generally of benefit to the ( entire Ct4y. Specific benefit is derived from the excavation (floodplain alteration) , in that the alteration is required to affect the con- struction of Ash Street. (Ash Street will be built somewhat on a fill, thus requiring excava- tions to maintain the hydraulic efficiency of Fanno Creek. ) Cost Estimates: The estimated costs are shown in Table I and include 30% for engineering, surveying, project administration and contingencies. i Assessments: i Assessments are based entirely on land area, with lots fronting on paved, but uncurbed, Ash Street being as- r sessed for only a portion of their total area. Table II outlines the assessment distribution to the various parcels. l i i TABLE I ESTIMATED PROJECT COSTS Engineering Total Administration Project Construction Contingencies Cost 1. Main Entrance Signal: $ 70,000 $ 21, 000 $ 91, 000. 00 2. Interior Streets: $283,000 $ 84,900 $367,900.00 3. Ash Street: $ 40, 000 $ 12, 000 $ 52,000.00 4 . City Park Area $ 77,000 $ 23,100 $100,100.00 Improvement: TOTAL: $611, 000.00 C TABLE II PROPOSED ASSESSMENT TO DISTRICT TAX LOTS PARCEL ASSESSED OUTSTANDING BONDING PROPOSED BONDING AREA ASSESSMENT CAPACITY ASSESSMENT DEFICIENCY S .FT. IDENTIFICATION VALUATION T.L. 120048,762 Main Street $ 72,422* $15,403.52** $144,844 $ 49,114.00 O Land Corp. T.L. 1300 R.A. Leedy Sr. & R.A. Leedy35,684 Jr. Contract $ 55,993* $ 9,986.35** $111,986 $ 35,941.59 0 Sale to Main Street Land Corp. T.L. 14004 792 Main Street $ 29,540* $ 2,672.32** $ 59,080 $ 4,826.59 0 , Land Corp. T.L. 1500 Mrs.Franziska $340,490 $162,958.92 0 161,791 Buchholz $170,245* $33,473.78** Contract Sale to Main Street Land Corp. T.L. 1600 Gordan Pipkin10,660 Contract Sale $ 94,190* $ 9,964.03** $188,380 $ 10,736'95 0 to Main Street Land Corp. $111,492 * 0 $222,984 $153,383.29 O 152,284 T.L. 2200 Main Street Land Corp. T.L. 201 * 0 $ 53,800 $ 20,620.79 O 20,473 Main Street $ 26,900 Land Corp. T.L. 2301 * 0 $202,600 $169,716.35 0 168,500 Main Street $101,300 Land Corp. T.L. 2300 $ 38,992 $ 906.50 0 900 Adolf and $ 19,496* 0 Gertrude Hanneman * LAND AREA ONLY ** ASSESSMENT PROPOSED IN L.I.D. #37 TABLE II - (continued) PROPOSED ASSESSMENT TO DISTRICT TAX LOTS PARCEL ASSESSED OUTSTANDING BONDING PROPOSED BONDING AREA MENT DEFICIENCY S .F - IDENTIFICATION VALUATION ASSESSMENT CAPACITY ASSESS t T.L. 301 John R. Ellingson Richard P. Waterman Dr. Alan Lochman Roland Wahl $ 4,130 $ 1,183.48 0 1,175 Florence Wahl $ 2,065* 0 i Wm. Moak Suzanne Moak Forest McBride t Kathleen E. McBride s Richard T. Carpenter i l T.L. 300 $ 3,200 $ 1,611.55 0 1,600 Michael P. $ 1,600* 0 and Tanya Lockwood TOTAL AREA: 606,621.00 *LAND AREA ONLY W ti Boundary Description Main Street Development A LOCAL IMPROVEMENT DISTRICT situate in the N.E. 1/4 , section 2 , T2S , R1W, W.M. , City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at the southeasterly corner of Lot 9 , BURNHAM TRACT, a duly recorded subdivision, said point also being on the centerline of S .W. Ash Street; thence South 45046 ' East, 20.0 feet to a point on the southerly right of way line of said S .1-7. Ash Street; thence, along said southerly right of way line, South 42005 ' West, to a point that is 56 .6 feet northeasterly from the northwest corner of that parcel as conveyed to Mike and Tanya Lockwood and recorded in Book 948, Page 512, Washington County deed records; thence South 2055 ' East, 80.0 feet to a point on the southwesterly line of said Lockwood tract; thence, along said southwesterly line, northwesterly to a point that is 25. 0 feet, when measured at right angles from the centerline of said S .W. Ash Street; thence, parallel with the centerline of said S .W. Ash Street, South 42005' West, to a point on the northeasterly right of way line of S .W. Hill Street; thence, along said northeasterly right of way line, northwesterly 5. 0 feet to a point of intersection with the southeasterly right of way line of said S .W. Ash Street; thence northwesterly to the southwest corner of said Lot 9 ; thence, along the southwesterly line of said Lot 9 , North 44015 ' West, 25. 0 feet to a point; thence, parallel with the centerline of said S .W. Ash Street, North 42005 ' East, 205 .7 feet to a point on the northeasterly line of that tract as conveyed to A.G. and G.E. Hanneman recorded in Book 794 , Page 931, Washington County deed records; thence, along the northeasterly line of said Hanneman tract and a northwesterly extension thereof, North 44027 ' West, 385 feet more or less to a point on the northwesterly line of said Lot 9 ; thence, along the northwesterly line of said Lot 9, South 48137 ' West, 60 feet more or less to the southwesterly corher of that tract as conveyed to Main Street Land Corp. , recorded in Fee No. 81-005694 , Washington County deed records; thence, along the southwesterly line of said Main Street Land Corp. tract and also the southwesterly line of that tract as conveyed to the Main Street Land Corp. recorded in Fee No. 81-005705 Washington County deed records, North 44°10 ' West, 821. 6 feet to a point on the southeasterly right of way line of State Highway 99W; 1 W Boundary Description Main Street Development thence, along the southeasterly right of way line of said State Highway 99W, northeasterly 658 .7 feet to the northeasterly corner of that tract as conveyed to Main Street Land Corp. , recorded in Fee No. 81-005694, Washington County deed records; thence, along the northeasterly line of said Main Street Land Corp. tract, South 43047 ' East, 439. 5 feet to a point on the westerly line of Lot 2 of said BURNHAM TRACT; thence, along the westerly line of said Lot 2, South 4015 ' East, 60 .0 feet more or less to the northerly corner of that tract as conveyed to blain Street Land Corp. , recorded in Fee No. 81-005719 , Washington County deed records; thence, along the northeasterly line of said Main Street Land Corp. tract, South 45146 ' East, 240. 0 feet more or less to a point on the north line of Lot 4 of said BURNHP_NI TRACT; thence, along the north line of said Lot 4, South 45014 ' West, to the northeast corner of said Lot 9 ; thence, along the northeasterly line of said Lot 9 , South 45°46 ' East, 338. 0 feet to the point of beginning. 2 4_ U Till : 1 11111T111111111 I I= I I i v cd o o Z I o Z I I W W I N Z � Cd uIll 111111111111111110I � C m j Q $ on HII 1111 , 11111111111 k ! 0 4 IuIll I IIII I I 1111111111 � low C I J L , rul � � lll � l � lll � llllllnca � V us ��.. c c t �. 13 L ea 1 � DE HAAS & ASSOCIATES, INC. CONSULTING ENGINEERS&SURVEYORS SUITE 445-AGC CENTER WILSONVILLE, OREGON 97070 9450 S.W. COMMERCE CIRCLE (503) 682-2450 August 2, 1982 Frank A. Currie, P.E. City of Tigard 12755 S.W. Ash Ave. P.O. Box 23397 Tigard, Oregon 97223 Dear Frank: Attached is a proper resolution authorizing condemnation for idents 70c and 71 (Ted Nelson) . Exhibits "A-1" thru "A-17" are attached. Also attached for- council authorization of dedication is the remaining right-of-way for idents 70,; and 71. Assuming reasonable cooperation from Ted Nelson, we originally had planned to include re-dedication of the property covered in SDR 51-77 to clean up the descriptions. However, it now appears best to have council authorize the prior dedication for recording. , Sincerely, MARLIN J. 2( HAAS, P.E. MJD/jd cc: 80. 194.118 - idents 70c and 71 Attachments DE HAAS & ASSOCIATES, INC. CONSULTING ENGINEERS&SURVEYORS _ SUITE 445-AGC CENTER WII.SONVII.LE, OREGON 97070 9450 S.W. COMMERCE CIRCLE (503) 682-2450 August 2, 1982 Frank A. Currie, P.E. City of Tigard 12755 S.W. Ash Ave. P.O. Box 23397 l Tigard, Oregon 97223 I. i i Dear Frank: l Attached is a proper resolution authorizing condemnation for idents 70c and 71 (Ted Nelson). Exhibits "A-1" thru "A-17" are attached. Also attached for council authorization of dedication is the remaining right-of-way for idents 70c and 71. Assuming reasonable cooperation from Ted Nelson, we originally had planned to include re-dedication of the property covered in SDR 51-77 to clean up the descriptions. However, it now appears best to have council authorize the prior dedication for recording. Sincerely, f MARLIN J. DE HAAS, P.E. MJD/jd cc: 80.194.118 - idents 70c and 71 Attachments G 6 E `d August 2, 1982 MEMORANDUM TO: City Council FROM: Mayor Wilbur Bishop SUBJECT: Water Board Appointments I would request the following persons be appointed to the Water Board Study Committee and would also recommend these appointments be ratified at the August 16, 1982 Council meeting. Council Position: Nancie Stimler Tom Brian - 1st alternate John Cook - 2nd alternate Other Members: Martin Hill Bruce Clark lw j" ® E. � 1HH11H U L SE PRUI � D00 '4 ` DIST� � ICI Do P.O. BOX 127 • TUALATIN, OREGON 97062 s PHONE 682-2601 o RUSSELL WASHBURN, CHIEF July 26, 1982 Wilber Bishop, Mayor Tigard City Council c/o Bob Jean, City Administrator City of Tigard City Hall Tigard, Oregon 97223 Dear Mayor Bishop and Council Members: It has come to our attention that the City Ordinance adopting the Tualatin Rural Fire Protection District's Fire Prevention Code expired as of July 1 , 1982. The District is requesting ! that you please extend the expiration date to JU14- V, --i%a with no other changes. t � Thank you for your time and consideration. i ; Sincerely yours, jug Tom Thompson Fire Marshal TT:GB:dm { f 4.