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City Council Packet - 10/14/1985
T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES - OCTOBER 14, 1985 - 7:00 P.M. 1. ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, Phil Edin, Jerry Edwards, and Ima Scott; City Staff: Bob Jean, City Administrator; Joy Martin, Administrative Assistant; Bill Morahan, Community Development Director; Tim Ramis, Legal Counsel; and Patt Martin, Deputy City Recorder. 2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS a. City Administrator stated the following: o Continue the Executive Session at the end of tonights meeting under the provisions of ORS 192.660 (1)(d) & (h) to discuss labor relations and pending litigation issues. o Item #10 -- Annexation Planning Area Agreement Resolution Draft handed out at meeting tonight. o Item #11 -- Comprehensive Plan Amendment CPA 9. 85 The Northwest Tigard Annexation may be affected by the decision on Item #10 and recommend to continue to 10/28/85 City Council Meeting. o Item 012 & #13 - 68th Avenue/Parkway LID #35--Phase IV, Call for Bids and Greenburn/Tiedeman LTD #85-.02-Phase I continue to 10/28/85 City Council Meeting. o Item #16 - County Road Acceptance Resolution handed out at meeting tonight. o Item #17 - Council League of Oregon Cities Conference Approval - Request approval to attend and number of Council attending. a Item #18.5 -- Policy & Administration Rules Resolution No. 85-79 revised and handed out tonight. o Item #18.8 - Revised Council Calendar - Note: November 20, 1985 meeting not listed on memo but agreed to by Council. o Item #18.11 - November Newsletter Draft - Revised page passed out at meeting tonight. o Item #19 a Check to see if quorum . for next City Council meeting. 3. VISITOR'S AGENDA (2 Minutes or Less, please.) a. Jim Hartman and Al Bates of the Tetropolitan Kiwanis presented Council members (John Cook, Tom Brian, Jerry Edwards, Phil £din's wife) and staff members (Bob Jean, Donna Corbet, and Diane Jelderks) who helped at their Pancake Breakfast on September 22, 1985 with Certificates of Appreciation. The profits of $3500 will be donated to the Senior Center. Pare l COUNCIL MINUTES - OCTOBER 14, 1985 Alm A 4. METRO REPORT ON TRANSFER STATIONS AND SOLID WASTE/RECYCLING a. Doug Brennen, METRO, introduced Randi Wexler to talk about Transfer Stations and Patrick Minor to talk about Solid Waste/Recycling and Senate Bill 4.5. b. Randi Wexler stated there is a Transfer Station in Oregon City in Clackamas County and one being built in Washington County and Multnomah County. She stated landfills are closing. She passed around a picture of the Oregon City Transfer Station to give the Council an idea of what it looks like. The recycling is done in a closed building. The sites that are looked at are a minimum of 4 acres, compatible to surrounding property, and technical considerations taken into account. Out of 80 sites that were looked at two were chosen (160th & TV Hwy. , Beaverton & Cornelius Pass Road in Washington County). Two more sites (on Hunziker Street, Tigard) were brought to the attention of the Advisory Committee and will be discussed at the next meeting. o Councilor Brian asked when the cut off date would be for more sites to be submitted for consideration. Randi Wexler stated no definite deadline has been set but the Committee hopes to have the City Council make a decision in November. She also stated there was a formal point system each site would have to abide by in order to qualify for consideration. o Councilor Scott questioned what happened to the money the franchises were paying now into METRO. Doug Brennen stated the $1.68 per ton was for the development and management of the system. The fees were to pay for service now provided. C. Patrick Minor spoke to the Recycling Senate Bili 4.5. By July, 1986 a monthly curbside service must be active. a City Administrator stated Resolution No. 85-73 was approved to set up a Citizen Advisory Committee and Recycling Committee with 7 members on each committee. Three people have signed up so far. If by November 11, 1985 seven people have not signed up for each committee the two committees will be combined. Haulers in the area are ex official members of the Recycling Committee. The committee will be responsible for a rate comparison in the area. S. KEYS TO THE CITY A. Mayor Cook stated the chart for volunteerism hours showed in 1979-80 about 4,000 hours worked and in 1984-85 about 14,000 hours worked which was up 250%. n Mayor Cook presented Keys to the City to the following people who were involved in installing the basketball 1/2 courts at Cook Park: Wayne Peterson, Robert Gray, Brian Hanson, Gary McGrath, Rick Miller, Rod Miller, and Scott Thompson. Page 2 - COUNCIL MINUTES - OCTOBER 14, 1985 he Mayor Cook also presented Keys to the City to Economic owing people who were involved in translating the City's ( Brochure for the opment Japan-American Mayor's Conference: Noriko Roberts, Tadakazu Kumashiro, Kuninori Kawakami and Hitomi Tamura. 6, VOLUNTEER OF THE YEAR PRESENTATION a, A Volunteer of the Year Award was presented for Howard Williams of Howard's on Scholls. Mr. Williams was unable to attend the meeting. OF THE 7, RESOLUTION NO. 85-81 FOR FINAL MPORARY USEDER IN THAPPROVAL REQUESTED MATTER APPLICATION BY LARRY SCOVILLE, FILE NUMBER TU 5a-85, APPROVING THE APPLICATION WITH CONDITIONS, ENTERING FINDINGS, AND CONCLUSIONS. a, Councilor Edin moved, seconded by Council Brian, to approve Resolution no. 85-81. b, Discussion U Councilor Brian asked what the purpose was for a 3-foot fence. He stated it was not site obscuring and 3 feet was short enough for people to step over. o Community Development Director stated a 4--foot cyclone type fence would be less visible efor uwould acro lisary use.ore. Three feet was recommended by applicant O Councilor Brian stated "for sale" should be struck from the language on page 2 under number 7. o Councilor Scott agreed with Councilor Brian. She was concerned regardkids could steppinggonhbroken glass from Bonitath of the fence Glasstin the rear sectimy be stepping b, Councilor Brian moved, seconded by Councilor Edin, to approve Resolution No. 85-81 as amended to delete "for sale" on page 2 under Number 7. Approved by unanimous vote of Council present. C. Councilor Brian moved, seconded by Councilor Edin, to fanceove Resolution No. 85-81 as amended to read 4-foot cycle type on the side and around the rear to enclose the Chevron lot on page 2 under Number 5. C Councilor Edin stated safety was not previously discussed and was not the issue regarding this resolution. It was to keep the people from apdaikir parking in front eonitaonita GlassGsass. He felt responsibilitythe safety problem regarding glass r Page 3 - COUNCIL MINUTES - OCTOBER 14, 1985 i o Councilor Scott feltBonita Glass was already there and their business should be the one d. Councilor Brian moved, seconded by Councilor Edin, to approve Resolution No. 85-81 as amended to read on page 2 under Number 5: A [3-foot split rai13 4-foot cyclone tape fence shall be erected within 30 days of approval between the car lot and the Bonita Glass property for the length of the property. Approved by 3-2 vote of Council present, Councilors Scott and Edwards voting Nay. o Larry Scoville stated this process started in late to l'ycluir� him taking a lot of time and if the Council was going to add additional fencing it would be a cost he could not afford. e. Councilor Brian moved, seconded by Councilor Edin to approve Resolution No. 85-81 as amended. Motion failed 2-3, Mayor Cook and Councilors Scott and Edwards voting nay. o Councilor Edwards stated he misunderstood the motion and e did of rhe wish to vote against the entire resolution but just amendments. f, Councilor Edwards moved, seconded by Councilor Brian for reconsideration of Resolution No. 85-81. Approved by 3--2 vote of Council present, Mayor Cook and Councilor Scott voting nay. g, Motion by Councilor Brian, seconded by Councilor Edin to approve Resolution No_ 85-81 as amended. Approved by 3-2 vote of Council present, Mayor Cook and Councilor Scott voting nay. HE 8, ORDINANCE NO. 85-38 ACOMMU COMMUNITY NCSECTION CODAND 18-106.050 0IDECLAR NG AN EMERGENCY. (ZOA 1-85) a, Community Development Director stated this was just a housekeeping item. b. Councilor Scott moved, seconded by Councilor Brian to adopt Ordinance No. 85-38. Approved by unanimous vote of Council present. 9, PUBLIC HEARING: ZONE OCOINANCE AMEFDMENT ZOA 5-85 THOMAS T. HOLCE & RICHARD KADEL Review Planning Commission's recommendation to allow auto body shops as a conditional use in the I-P (Industrial Park) zone. (Chapter 18.58 of the Community Development Code.) Page 4 - COUNCIL MINUTES - OCTOBER 14, 1985 i a. Public Hearing Opened b. Declarations or, Challenges ship one o Councilor Brian statedhe has a sustain business relation in eating on this tem of the applicants and would C. Summation by Planning Staff o Community Development Director gave a summary of this item stating that all repairs would be done indoors. d, Public Testimony p No one appeared to speak. e. Recommendation by Pl.._. ,ng Staff O Community Development Director recommended approval of Ordinance No. 55-39 to allow light auto repair. f, Council Questions or ..omments 0 Councilor Edin's comment was a concern of dusty cars sitting outside. g, Public Hearing Closed h. Consideration by Council i, ORDINANCE NO. 85-39 AN ORDINANCE. AMENDING 18 70 0305 18.42.020(c)(6), 18.72.030 and 18.130.150 OF THE COMMU111ITY DEVELOPMENT CODE AND DECLARING AN EMERGENCY (ZOA 5-85). Councilor Edwards moved, seconded by Councilor Edin to adopt j Ordinance No. 85-39. Approved by 4-0 vote of Council present, Councilor Brian abstaining. SECOND READING REQUIRED 10. ANNEXATION PLANNING AREA AGREEMENT -- RESOLUTION NO. 85-82 CITY OF A JOINT ARI RESOLUTION SUPPORTING MUTUAL ANNEXATION PANNING AREAS AND THE IOF AGREEMENT BETWEEN THE DECLARING A (APAA). a, City Administrator stated the Mayors and Council Presidents from Tigard and Beaverton met regarding the joint Annexation Planning Area Agreement. Ne stated this item would possibly affect the decision on Item N11 of the andthe (The borde Northwest eon oldaard nd Annexation). There is a differencewas illustrated the New Scholls Ferry Rd. and Murray Blvd. A map line pulled back on north Old Scholls Ferry Rd. and back south along New Scholls Ferry Rd. Page 5 - COUNCTL MINUTES- OCTOBER 14, 1985 b. Councilor Edin asked for an explanation of what staff was suggesting to Council. C. Mayor Cook and Councilor Brian gave more of an explanation both regarding the long term impact and that the area is in Beaverton School District and are Beaverton Addresses. d. Mayor Cook accepted Public Input since this item would have some impact on Item #11. o Richard Boberg, NPO #7 Chairman, stated the NPO had no input on this resolution and felt the Council was having a last minute rule change. The NPO was not involved in the Resolution and they felt they should have some time to review it. o Russell Krueger, 3515 SW Barbur Blvd. , Portland, stated other owners and he wanted to be annexed into Tigard. Even though he stated he would not develop his property at this time, he felt time was a concern in recording with the Boundary Commission. He thought this issue was taken care of since the Planning Commission had approved the annexation and felt very frustrated. He had just found out about the resolution tonight. o Gail Stover, Rt. 1, Box 381, Beaverton, stated she and others wanted to be in the Beaverton District. She said they were not part of NPO #7 but were with CPO #6. There was citizen input at Jenkins Estate and a public notice was published for citizens to be able to speak aL the meeting. She felt the Committee the Mayors and Council Presidents were on made a decision in the interest of the citizens involved. o Brad Hodges, Rt. 1, Box 364A, Beaverton, Tax Lot 603, stated there was a division of who wants to go to Tigard and Beaverton. He commended the efforts of the joint Committee. e. Councilor Brian moved, seconded by Mayor Cook to approve Resolution No. 85-82. f. Council Discussion o Councilor Brian felt the NPO had not had a chance to review the resolution and there was a split on which way to go among the citizens. o City Administrator stated four NPO"s will be affected regarding all boundaries. o Councilor Brian had a concern on moving swiftly. o Councilor Edin stated he had just seen the resolution tonight and that he would abstain from voting as he did not have enough time to review the resolution. o Councilor Scott concurred with Councilor Edin. Page 6 - COUNCIL MINUTES - OCTOBER 14, 1985 g. Councilor Scott moved, seconded by Councilor Edin to table this item to no date certain. Approved by unanimous vote of Council present. Motion to approve Resolution No. 85-82 failed for lack of vote. h. Councilor Brian stated he would like to see a meeting to be scheduled with the highest priority with the NPO's and be brought back to Council after they had input. The Planning Commission should be invited to attend this meeting also to update, review and comment back to Council. d City Administrator stated 10/24185 was open at 7:30 P.M. The members of the NPO's, Planning Commission, and Council will be notified of the place of the meeting and date. The comments will be scheduled for 10/28/85 Council meeting. 11. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT CPA 9-85 THE NORTHWEST TIGARD ANNEXATION NPO # 7ge.08 acres A request by the City of Tigard to consider annexation of le Ma Dries into the City of Tigard under QRS 199.490 (2)(a) Trip ] Annexations. The land is located south of Old Scholls Ferry Rd north of the current western City boundaries and east of SW Murray Blvd. (WCC 1S1 33C, lots 1200, 1100, 601, 602, 604, 600, 603, 500, 502, 503, 400, i 300, 501, 700, 301, 800, 1301, 1302, 1300, and 1101) . a. Public Hearing Opened b. Councilor Scott moved, seconded by Councilor Brian to continue this item to the October 28, 1985 City Council meeting. Approved by unanimous vote of Council. present. 12. LID POLICY CODE AMENDMENTS - ORDINANCE NO. 85-46 - AN ORDINANV.E RELATING TO LOCAL IMPROVEMENTS; REPEALING ORDINANCE. NO, 84-60; RATIFYING ORDINANCE NO. 85-12 ASSUMPTIONRITERIA FOR RELATING TOBL.00AOLFIMP IMPROVEMENTS, AND ADOPTING REVISED GENERAL PROCEDURE a. Administrative Assistant Martin stated a revised copy of the Ordinance was passed out to the Council tonight and gave a summary of the revised sections. b. Councilor Brian commended Administrative Assistant Martin for the time and effort she afforded to this ordinance. C. Councilor Brian moved, seconded by Councilor Edin to adopt Ordinance No. 85-40. Approved by unanimous vote of Council present. page 7 - COUNCIL MINUTES - OCTOBER 14, 1985 13. STREETS PUBLIC FACILITIES PLAN DISCUSSION a. Community Development Director gave a summary of what was happening with the proposed alignment of the Murray Blvd. extension. A map was attached to the material presented showing the present and future connections between Tigard and Beaverton. Direction is requested from Council concerning the adequacy of the map. b. Councilor Edin stated he would prefer option 8 but since there are more than one property owners involved it would be more logical to go with option A. C. Councilor Scott felt option a had a better flow. d. Consensus of the Council was for option A by 4-1 and 3--2 for the T-intersection. 14. COUNTY ROAD ACCEPTANCE DISCUSSION - REPORT a. Community Development Director stated the original hearing for the County Road Acceptance was set for October but has been reset to December. b. City Administrator stated the resolution would deal with the joint adoption of a City-County Road System Plan and the process of transferring County Roads, The resolution would allow the City of Tigard to withdraw all prior requests for City jurisdiction and acceptance of all County Roads within the City pending further review and action by the Council. Each request would be done on a case--by-•case issue. C. RESOLUTION NO. 85-83 A RESOLUTION OF THE CITY COUNCIL OF CITY OF TIGARD, OREGON, DECLARING SUPPORT FOR THE ESTABLISHMENT OF A CLEAR CITY-COUNTY ROAD SYSTEM PLAN AND WITHDRAWING ALL PRIOR CITY REQUESTS FOR ACCEPTANCE OF COUNTY ROADS. d. Councilor Scott moved, seconded by Councilor Edin to approve Resolution No. 85-83. Approved by unanimous vote of Council present . 15. COUNCIL LEAGUE OF OREGON CITIES CONFERENCE APPROVAL a. City Administrator stated the dates and times had been sent to the Mayor and Councilors and is requesting approval from Council since the cost is above $100. He asked the Mayor and Council members to call his Executive Secretary, Donna, Corbet, to notify her if they will be attending the conference. Page 8 - COUNCIL MINUTES - OCTOBER. 14, 1985 b. Councilor Edin moved, seconded by Councilor Edwards to approve expenditures for the League of Oregon Cities Conference and members who wished to attend. Approved by 4-0 vote of Council present, Councilor Scott abstaining. 16. 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. a. Motion by Councilor Brian, seconded by Councilor Edin to: 16.1 Approve Council Minutes: September 11. & 30, 1985 16.2 Receive and File Community Development Land Use Decision3 16.3 Approve Bid Award For Library Furnishings 16.4 Approve Call For Bid For City Hall High Density File System 16.5 Approve Policy & Administration Rules - Resolution No. 85- 79 16.6 Approve LGPIJPersonnel Rules Consultant Contract Proposal 16.7 Approve Bid Award for City Hall Furnishings - Partitions 16.8 Appr=ove Revised Council Calendar 16.9 Approve Partial Bond Release -- Shadow Hills II ($92,664.00) 16.10 Approve Acceptance of Street Non-Remonstrance Agreement - SW Hall Blvd. - Patricia L. Sigler 16.11 Approve November Newsletter Draft 16.1.2 Approve Bond Release, Street Dedication & Non-Remonstrance -- Gene Remkiet 16.13 Approve Street Dedication & Non-Remonstrance Agreement Donna Bouman 16.14 Approve Non-Remonstrance Agreement - 135th Avenue LID - Cotswald Meadows - Russ Krueger 16.15 Approve Non-Remonstrance Agreement - 135th Avenue LID - Cotswald Phase II, OR-AK Corporation 16.16 Approve Sewer and Street Fund Contingency Transfers - Resolution No. 85- 80 16,17 Approve Durham Road Extension Street Dedication & Land Trade Agreement - Pac Trust 16.18 Approve NPO #3 Appointment - Chris Bednarek b. Councilor Edwards questioned why the lowest bid of $21,000 was not the accepted bid for the City Hall Furnishings. City Administrator stated this bid was disqualified as they did not bid according to specs and did not wish to resubmit a bid. C. City Administrator stated November 20, 1985 as previously agreed by Council as a date for a Council meeting was to be added to the Council calendar. d. Councilor Scott stated in Section 5 on Resolution No. 85-79 regarding last minute "add ons" should be set as an ongoing item on the agenda to be voted on. This would give the Council a chance to decide if it is appropriate to deal with the issue at the meeting on that night. She would like to amend the resolution to read on page 2, third paragraph: Page 9 COUNCIL MINUTES - OCTOBER 14, 1985 Last minute "add ons" to the agenda from Council, staff, or public are discourage. but may occur by Council motion. Council, staff (' and public are all encouraged to identify their concerns to the Mayor or Administrator before a council meeting so the matter can be set on an agenda. e City Administrator mi Ute taaddo on Litems i undeerld be"Calls tondard Staff na d the Council for a for last Non-Agenda Items: Motion to approve as amended". f. Councilor Scott moved to pull item 18.5. Failed for lack of second. Consent Agenda items deleting item 18.12, 18.13 & 18.15 and item 18.5 as amended approved by 4--1 vote of Council present, Councilor Scott voting nay. 17. NON-AGENDA ITEMS: From Council and Staff 17. City Administrator questioned Council to see if there would be a quorum for the next City Council meeting. Councilors Brian, Edwards, and Scott all stated they would be attending the next meeting. 18. ADJOURNMENT - 9:28 P.M. f f'Q IL -. Deputy City Recorder - City of Tigard ATTEST: 14 . r - City of Tigard PM/3332A OCTOBER 14 Page 10 COUNCIL MINUTES'- ' 1985 4 TIMES PUBLISHING COMPANY Legal 7_6515 P.O.BOX 370 PHONE(503)684-0360 BEAVERTON,OREGON 97075 Legal Notice Advertising C i 15 X985 • • [3 Tearsheet Notice C!TY OF TtGRRO City of Tigard • PO Box 23397 • © Duplicate Affidavit Tigard, OR 97223 • • AFFIDAVIT OF PUBLICATION STATE OF OREGON. COUNTY OF WASHINUTON, jss. Theresa Butcher _ being first duly sworn, depose and say that Paamdthee Advertising Director,or his principal clerk,of the a newspaper of general circulation masodefined in ORS 193Ah® and 193.020.published at_ aforesaid county and state,that the $e(i L l aX– — a printed copy of which is hereto annexed,was published in the entire issue of said newspaper for successive and consecutive in the following Issues, Oc1i4�r_1�� 1985 a� = y ,' t Subscribed - tq tfefore me this QtJt • 110 $ r- - Notary Public for Oregon x *0 Commission'acplres: 9/20/88 «afFiD"IT r01W. r TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684.0360 Notice 7-6510 BEAVERTON,OREGON 97075 Legal Notice Advertising �L''�iVED • • ❑ Tearsheet Notice City of Tigard • • EI Duplicate Affidavit PO Box 23397 • Tigard, OR 97223 • AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss' 1,^_ T}1Presa i�vtrh� being first duly sworn, depose and say that I am the Advertising Director,or his principal clerk, of the Tigard Times_ I a newspaper of general circu� iogarp,defined in ORS 193,.010 and 193.020; published at_ aforesaid county and state; that the _ public Heaxi,ng a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for _1_--successive and consecutive in the following issues: October. 3, 198 —_ Subscribed an a o bsforee me this�chi-- 8 5 0� Notary PubNc far Oregon My Commission Expires: 9/20/88 AFFIDAVIT 51 _ R'4 i f M r a _ AWN CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington) ss City of Tigard ) z. y, being first duly sworn, on oath depose and say; That I posted in the following pub is and conspicuous places, a copy of Ordinance Number(s) $5' ---38 94-T-Y-0 which were adopted at the Council Meeting dated to-/*l -'KS- copy(s) 'KScopy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the /� day of ej-. jjp,. _ , 1985. c.ro�� . L: t Subscribed. and sworn to before me this -ZLay of 1985. x Notary Public for Oregon My Commission Expires; 4_2.9-.?? „ Y C1 Y OF TIGARD, OREGON AFFIDAVIT OF POSTING .In the Matter of the Proposod STATE OF OREGON ) County of Washingtun) ss City of Ti rd ) I. _ being first duly sworn, on oath depose and s That I posted in the following public and conspicuous places, a copy of Notice of Ordinance Consideration for the Council Meeting dated a copy(s) of said ordinances) being hereto attached and by reference made a part hereof, on the � day c of `tom, 1985. �- _ Subscribed and sworn to before me this "'day of - _ 19G5 T j' Notary Public for Oregon My Commission Expires: -028 �'7 - T - ORDINANCES TO BE CONSIDERED BY THE TIGARD CITY COUNCIL At the meeting of -- (� �. ww AGENDA ITEM # - VISITOR'S AGENDA DATE C� (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 Administrator prior to the start of the meeting. Thank you. NAME d, ADDRESS TOPIC STAFF CONTACTED DATE-'� i I wish to testify before the Tigard City Council on the following item: (Please print the information) � ea Item Description: 1 OA - S V Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation DATE I wish to testify before the Tigard City Council on the following item: (Please print theinformation) Item Description: C 4e x� Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation 1 e "�r - '-i- 'ISIS r 1 l4'� '�SSa*en- tit:�4 Qs 'R+ t „��c rl i k }���'�"�- Gn I e S�-av�r- ae=�cl�,.vit• Td+ i f3o�Sgt 1�eavt,-ion It r CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 14 1985 AGENDA ITEM #: DATE SUBMITTED: October 10, 1985 PREVIOUS AGIION: ISSUE/AGENDA TITLE: Volunteer Awards and Keys to the PREPARED BY: Donna Corbet City REQUESTED BY: Mayor Co DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE z: Keys to the City to recognize volunteer contributions to the community. .�.._,.___...w._....._...._�.�...�___. INFORMATION SUMMARY . Howard Williams has been selected as the "Volunteer of the Year" recipient. He is more than a grocer, humanitarian and all around "good guy." lie represents the epitomy of generosity in our community. �- The following group of people translated the City's Economic Development Brochure for the Japan-American Mayor's Conference at no cost to the City. They are: Noriko Roberts, Tadakazu Kumashiro, Kuninori Kawakami and Hitomi Tamura The fallowing people have been installing the basketball 1/2 courts at Cook Park: Wayne Peterson (organizer), Robert A. Gray (provided material at a much reduced cost), Brian Hanson, Gary McGrath, Rick Miller, Rod Miller, and Scott Thompson. ALTERNATIVES CONSIDERED SUGGESTED ACTION Present Windmill picture to Howard Williams and Keys to the others. CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY10 1985 AGENDA ITEM 0 _---- AGENDA OF: October 14 None October 10 1985 PREVIOUS ACTION DATE SUBMITTED: : ISSUE/AGENDA TITLE: Metra Re ort On William A. Manahan Transfer Station and Solid _. PREPARED BY: REQUESTED BY: _ Waste/ReC'l_in - t CITY DMINISTRAT'OR:DEPARTMENT HEAD OV% POLICY ISSUE IN MATY4N SUMMARY��y.._ resent to provide Council with information DougDrennen of Metro will be P and the recycling program concerning a proposed transfer station on 1junziker. which Tigard must become involved with. the three solid waste suggested by In addition, a rate review has been Citizen in Tigard. The CO tion 8 should dwhichu created �aff the franchises operating to Resolu request and its relationship Committee• Advisory .....�..-_�,_.-_= -=- •'�" SIDERED ALTERNATIVES CON Drennen °f fjetro ranchise rate discuss waste haulerstaff the 1 Mold a discussion with Doug three fr rate review request of Tigard' agenda item to 2. Hold a discussion with Doug Drennen of Metra and set an ranchise haulers. discuss the rate review request of the f SUGGESTED ACTION Drennen of Metro and discuss with staff the 1, Hold a discussionwith Doug of Tigard's three franchise solid waste haulers• rate reviewrequest (WAt1:br/1975P) f MEMORANDUM CITY OF TIGARD, OREGON TO, Members of the City Council October 10, 1985 FROM: William A. Monahan, Director, Community Development SUBJECT: Metro Report on Transfer Station and Solid Waste/Recycling Mr, Doug Drennen of Metro will be present to give a fifteen minute discussion on the proposed siting of a transfer station on Hunziker and the recycling program which Metro will coordinate. Staff is presently gearing up to become involved in the recycling plan. A second issue which has surfaced is the relationship of the existing franchise agreements between the City and its three solid waste haulers and the new Citizen Advisory Committee Task Force on pecycling and Solid Waste Franchises, The City received a letter from Schmid is Sanitary Service, Inc., requesting a rate review.. I responded by informing all three haulers of the new committee and its' role in reviewing rates. 'The haulers are concerned that the Committee review of the rates as tentatively scheduled in Resolution No. 85-73 is much too late for their needs. In fact, Carl Miller and Robert Edwards met with me today and stated that the rate review could be accelerated because the first few tasks outlined for the Committee have already been set in motion by them. I informed them that I would present this information to you so that you may determine how you wish to proceed. Section 8, page 8 of the existing franchise agreement, contained in Ordinance 78--64, outlines the process for rate reviews. The haulers are concerned that our new process may not be in harmony with the agreement. Staff will be presnt to discuss the issue and request Council direction. Copies of pertinent documentation is enclosed: 1. 2. My letter in response 3. Resolution No. 85-73 4. Page 8 of Ord. 78---64 f (WAM:br/1975P) ZWRWEM CITY TIGM WASHINGTON COUNTY.OREGON September 27, 1985 Larry Schmidt, Vice Prsident Schmidt's Sanitary Service, Inc. 8325 S.W. Ross Road Tigard, 'R 97224 Reference: Request for Franchised Garbage Rate Increase Dear Mr. Schmidt: I am in receipt of your letter dated September 24, 1985 concerning your request that the City review the rate structure for garbage collection. { Enclosed for your information is a recent resolution passed by the Tigard City Council creating a Solid Waste Committee which will be responsible for reviewing requests such as yours. Please note that a representative of each of the three haulers in Tigard can serve as ex officio members of the group. I expect that the first meeting of the Committee will be held in November. We will keep you informed. Sincerely, William A. Monahan, Director, Community Development Encl. (WAK:br/1930P) 127'S.5 S.W.ASH P.O.80X 23397 TIGARD,OREGON 97223 PH:639-4171 ,h CITY OF TI:GARD, OREGON RESOLUTION NO. 8577 . A RESOLUTION ESTABLISHING A CITIZEN ADVISORY COMMITTEE. TASK FORCE ON RECYCLING AND SOLID WASTE FRANCHISES. WHEREAS, State Law requires each city to have a curb-side solid waste recycling program in effect as of June, 1986; and WHEREAS, the City Council finds that citizen involvement in recycling programs is essential to successful programs and desirable in the review of existing solid waste franchises. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1. COMMITTEE ESTABLISHED. The City of Tigard Recycling and Solid Waste Franchises Task Force Committee is hereby established. The Task Force shall be comprised of seven citizen members appointed by the Mayor with consent of the City Council. Each of the City's franchised h.u.er shall be non-voting ex-officio members who shall be notified of all meetings and shall have full rights of participation in committee meetings except Executive Sessions affecting litigation. A non-voting ex-officio staff liaison person shall be appointed by the City Administrator. All meetings of the Committee shall be conducted in accordance with State Open Meetings Law consistent with City procedure. Section 2. TASK AND TIMETABLE. The Committee is a Task Force, not a standing committee. The Committee members are appointed through task completion but no longer than December, 1986. The committee is to develop its own Work Pian but must address the following general timeline: Fall, 1985 Appointment, organization, review of State Laws and City Code; Winter, 1985 Review of area Recycling Programs and haulers proposals; March, 1986 Recycling Program Report Draft and Council review; June, 1986 Recycling Program Implementation and Evaluation; Summer, 1986 Solid Waste Franchises Review; t' t RESOLUTION NO. 85-� Sept. . 1986 Evaluation Report to Council; Oct. . 1986 Solid waste Franchises Rates Review !! i with Council. PASSED: This day of Se 1985. yo . — City of Tigard ATTEST: eputy City Recorder City of Tigard RESOLUTION NO. 85— /7 3 SEcTIOY s. Rates (1) The rates to be charged to all persons by the Franchisee shall be reasonable, uniform and based upon the level of service rendered, haul distance, concentration of dwelling units, and other factors which the City Council considers to Justify var- iations in rates -that out weigh the benefits of having a single rate structure unless otherwise noted in* this Ordinance. (2) Nothing in this Section- is intended to prevent: (a) The reasonable establishment of uniform classes of rates based upon length of haul; type of waste stored, collected, transported, disposed of, salvaged, or utilized; or the number, type and location of customers service; or upon other factors as long as such rates are reasonably based upon cost of the particular service and are approved by the City Council in the same manner as other rates. (b) The franchisee from volunteering service at reduced cost for the civic, community, benevolent or charitable program. (3) Rates to be charged by the Franchisees under this Ordinance shall be set by the City Council by resolution as deemed necessary by the Council. The Franchisee shall provide sixty (60) days t written notice with accomp&Mying"3"ustificati.on~for proposed rate changes. The Council shall give-due consideration to the Purpo es of this ordinance and the direct and indirect cost to franchisee of doing business including, without limitation, investment in and cost of disposal or resource recovery, soundness of management , resource recovery revenues, services of management, cost of technological changes, costs of meeting `government reg- ulations, projected revenues and expense ofproviding service, cost of meeting growth in service or capital budget, rate for similar services -in similar areas,"a reasonable return to franchisee on the business, length of haul to disposal facilities, cost of use of transfer or transfer facilities,future service demands, extra charges for off-day pickups, Janitorial services picking up wastes around cans or other containers or boxes, ,r Saturday or holiday surcharge where such service is provided, minimum use of drop box service as a condition for providing the service, and a surcharge for blocked access or container, can or drop box not ready to dump based on time and expense, (4) The franchisee shall be provided with 30 day prior written notice with accompanying Justification for a City initiated reduction in rate schedule. Page 8 linance No. 78- CITY OF TIGARQ OREGON COUNCIL AGENDA ITEM SUMMARY Y � AGENDA OF: October 14, 1985 AGENDA ITEM #: / DATE SUBMITTED: October 8, 1985 PREVIOUS ACTION: Council Reviewed A ISSUE/AGENDA TITLE: Larry Scoville Resolution to Adopt Findings on 9/30/85 - TU 5a-85 PREPARED BY: Elizabeth A. Newton REQUESTED BY: City Council DEPARTMENT HEAD OK: 1��t't� CITY ADMINISTRATOR: POLICY ISSUE i 3 INFORMATION SUMMARY Attached is a memo to Council which addresses the concerns raised by City Council on September 30, 1985 relating to the fence height requirement and the revocation of an approval if conditions are not met. Also attached is a revised resolution which allows Council to determine the fence height and limits the number of cars to be displayed for sale at any one time to eight (8). Also attached is a copy of the September 30, 1985 City Council minutes. f ALTERNATIVES CONSIDERED t E r s x s. SUGGESTED ACTION Review and adopt the attached resolution. (EAN:br/1966P) f MEMORANDUM CITY OF TIGARD, OREGON TO, City Council October 9, 1985 FROM: Elizabeth A. Newton, Senior Planner SUBJECT, Larry Scoville, TU 5a-85 On September 30, 1985, the City Council reviewed a resolution that was prepared by staff adopting findings to approve a Temporary Use permit request with conditions. Condition number 5 contained in the resolution required that a 6-foot fence be erected within 30 days of approval. At the September 30, 1985 meeting the Council questioned the 6-foot height requirement for the required fence. Chapter 18.100.090 of the Community Development Code outlines requirements for fences as follows: °18,100.090 Setbacks for Fences or Walls (a) No fence or wall shall be constructed which exceeds the standards in (b) below except when the Hearings Officer, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted by this Section in order to mitigate against potential adverse effects. (b) Fences or walls; (1) May not exceed 3 feet in height in a required front yard or 6 feet on a corner side yard and in all cases shall meet vision clearance area requirements (Chapter 28.102); ' (2) Are permitted outright in side yards or rear yards to a height of 6 feet; (3) Located in a side or rear yard and which exceed 6 feet in height shall be subject to building permit approval; k- (4) Located in the front yard or corner side yard and which exceed the height limitation shall comply with the setback requirements for structures set forth in the applicable zone; (5) Located within a corner side shall be no closer than 2 feet from the property line, and shall satisfy visual clearance requirements, to. 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: 10.1 Approve Council Minutes: 9-23-85 10.2 Approve Community Development Land Use Decisions 10.3 Approve Charter Revision Ballot Measures - .Resolution No. 85-77 10.4 Approve City Questionnaire Format 10.5 Approve Arlie's Plantation Subdivision Compliance Agreement & Performance Bond 6 Authorize Signatures 10.6 Approve Findings For Temporary Use TU 5a-85 - Res. 85-78 10.7 Receive 6 File: LCDC Acknowledgment of Comp. Plan 10.8 Receive & File: County Road Jurisdiction Information 10.9 Approve Partial Release of ' Funds: Meadow Creek Apartments - $18,626.10 10.10 Approve Partial Release of Funds: Pacific Crossroads Plaza - $5,620.05 10.11 Approve Partial Release of Funds: Winterlake I - $3,289.06 a, Motion by Councilor Scott, seconded by Councilor Edin to pull items .3 and .6 for separate discussion Approved by unanimous vote of Council present. b. Motion by Councilor Edin, seconded by Councilor Scott to approve consent agenda. less items .3 6 .6 with minutes amended to read "Edwards" instead of "Edin" under item 07 (1). Approved by unanimous vote of Council present. { C. ITEM .3 = Councilor Scott questioned why this was referred to as a "special election". City Administrator noted that this Was in conformance k with state requirements. Motion by Councilor Scott, seconded by Councilor Edwards to approve Resolution No. 85-77 calling for Charter Amendments to be considered by the voters are the 11/5/85 election. Approved by unanimous vote of Council present. f f d. ITEM .6 t Lengthy discussion followed regarding the temporary use request by Scoville and the desirability of no driveway access to 99W- Mr. Scoville questioned the condition of a 6' high fence. He noted that surrounding property owners would not support such a request either. He had planned a split rail type of fence. Council requested the City Attorney answer the following questions at a future meotietg: o Is there a way to revocate the temporary use approval if conditions aro not mQt? o Is there a code requirements for s 6' high fence? page 3 - CdtMIL MINUTES -,SEPTEMBER 30, 1985 Motion by Councilor Edin, seconded by Councilor Scott to grant a 30 day administrative extension of the Temporary Use and bring back the issue at the 10/14/85 Council meeting. Approved by unanimous vote of Council present. Councilor Scott required input from the NPO in the area at the 10/14/85 meeting. il. NON-AGENDA ITEMS 11.1 CIVIC CENTER a. City Administrator stated that members of the Civic Center Advisory Committee wished to discuss a matter with Council regarding pending litigation. He recommended this be done in Executive Session only. Deputy Recorder stated this could not be heard this evening under Executive Session since pending litigation issues had not been advertised. Consensus of Council was to take a recess to discuss issue in small groups. RECESS: 8:12 PM RECONVENE: 8:26 PM b. After further discussion, Councilor Edin moved to hold an Executive Session under ORS 192.660 (1) (h) to discuss pending litigation issues on Sunday, October 6, 1985 at •12:30 PM at the Civic Center site, 13 SW Hall Blvd. , Tigard.. Oregon. Besides Council the citizens who are invited to attend are: Betty Golden, Patt Biggs, Dan Graham, 6 Jim Blaurock of the Park Board, and Valerie Johnson and Carolyn Eaden from the Civic Center Advisory Committee. Motion seconded by Councilor Edwards. Approved by unanimous vote of Council present.. 11.2 Omekus - League of Oregon Cities a. City Administrator stated that the League has requested each City which originally participated in a portion of the funding of the Omekus Suit consider whether they would allow these funds to be used to assist City of Salem and Eugene to offset their expenses. b. Motion by Councilor Edin, seconded by Councilor Scott to approve assistance to City of Salem and Eugene with City funds given to League of Oregon Cities for the Omekus Suit (:150.00). Approved by unanimous vote of Council present. Page 4 COUNCIL MINUTES SEPTEMBER 30, 1905 18.100.100 Height Restrictions (a) The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage, or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured from the level of such improvements. (b) An earthen berm and fence or wall combination shall not exceed the 6—foot height limitation for screening.'' There is no provision in the Community Development Code that requires fences to be six feet in height. The Council can require the fence to be whatever height it deems appropriate not to exceed six feet without an exception to the height limit. The Council also raised the issue of whether or not the Temporary Use approval could be revoked if conditions were not met. Chapter 18.32.390 of the Community Development Code addresses revocation of approvals as follows: EE18 32 39 Revocation of Approvals (a) The Hearings Authority may, after a hearing conducted pursuant to this Chapter, modify or revoke any approval granted pursuant to this Chapter for any of the following reasons: (1) A material misrepresentation or mistake of fact made by the applicant in the application or in testimony and evidence submitted, whether such misrepresentation by intentional or unintentional; or r (2) A failure to comply with the terms and conditions of approval; (3) A failure to use the premises in accordance with the terms of the approval; or t. (A) A material misrepresentation or mistake of fact or policy by the City in the written or oral report regarding the matter whether such misrepresentation be intentional or unintentional (b) In the case of a decision made by the Director, the hearing on whether to modify or revoke an approval, shall be held by the Planning Commission. (c) A petition for review may be filed in the same manner as provided by 18.32.310(b)." Subsection {a)(2) of Chapter 18.32.390 of the Community Development Code allows the Hearing Authority (in this case the City Council) to revoke an approval granted if the applicant fails to comply with the terms and } conditions of approval. Attached is a modified resolution which allows Council to set the fence height at 3 feet and adds a condition limiting to eight (8) the number of cars which �. may be for sale on the site at any one time. (EAN:br/19665 ) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 14, 1985_ AGENDA ITEM #: DATE SUBMITTED* October 10, 1985 __ PREVIOUS ACTION: Council AdoRtion of ISSIJE/AGENDA TITLE: CODE _ Ordinance 85-07�� HOUSEKEEPING REVISIONS ZOA 1-85 PREPARED BY: _ Keith Liden .� REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: M POLICY ISSUE .•__ _._.._...�____.._.._._.._.._...__...._._ INFORMATION SUMMARY On February 5, 1985, the Council adopted Ordinance 85-07 which among other things, adopted revised standards for parking space dimensions. The exhibit illustrating these revisions contained several errors. The purpose of adopting this new version of Section 18.105.050 is to make the appropriate corrections. The intent and standards of the original version remain unchanged. ALTERNATIVES CONSIDERED 1. Adopt the Ordinance 2. Reject the Ordinance. SUGGESTED ACTION Adopt the ordinance. (KL:br/1973P) MEMORANDUM CITY OF 'TIGARD, OREGON TO: City Council October 9, 1985 FROM: Keith Liden SUBJECT: Zone Ordinance Amendment to allow automotive body shops as a conditional use in the I-P (Industrial Park) zone (ZOA 5w-85) An application has been received from Richard Kadel to consider the above request. The applicant has submitted a letter which indicates that similar uses are presently permitted outright in the I-P zone and that allowing automotive body work as a conditional use would be consistent with the intent of the zone. The staff reviewed the proposal prior to the Planninc 'Ommission hearing and had the following comments: 1. The Engineering and Building Inspection Division have no objection to the proposal. 2. Section 18.30.120 of the Code states that ordinance amendments shall be consistent with statewide Planning Goals, federal and state statutes, applicable pians adopted by Metro, applicable Comprehensive Plan policies, and applicable ordinances. Plan policies and the Code provisions apply to this proposal. 3. Automotive and Equipment: Repairs, Heavy is the Cade definition which includes automotive body work. This category also covers truck repair, body repairs, welding, steam cleaning, and similar uses. A. The I-P Zone allows for a number of uses which are similar to the character and/or outdoor storage needs of uses which fall under the Automotive Equipment: Repairs, Heavy definition. These uses are listed below: a. Automotive repairs, sales, and rental b. Construction sales and services C. Vehicle fuel sales d. Manufacturing of finished products e. Packaging and processing The staff supported the proposal based upon the following: 1. Several permitted uses in the I-P Zone include the outdoor storage of ' construction material, machinery and operable vehicles. Indoor " activities including all other forms of automotive repair and manufacturing are also permitted. 2. The introduction of automotive body work and truck repair would not represent a departure from the intent and purposed of the I-P zone. ` ' The Plan has a Light Industrial Designation which applies to the I-P and I-L zones. Since Automotive and Equipment: Repairs, Heavy is permitted in the I-L zone, the appearance of this activity as a r conditional use in the I-P zone is consistent with the Plan. 3. As a conditional use, special requirements can be applied as conditions of approval to address any possible visual or noise impacts. The staff recommended the Community Development Code be amended as noted below: 1. Section 18.68.040 be amended to add subsection (3) Automotive and equipment: repairs, heavy. 2. Section 18.130.150 Standard Dimensional Requirements for Conditional ?' Use types be amended to replace subsection (4) as follows: (4) Automotive and equipment: Repairs, heavy (A) Setbacks (i) A five (5) foot perimeter setback shall surround all outdoor parking and storage areas. (ii) Buffer screening shall be provided along th- perimeter of all outdoor parking and storage # areas as required in Section 18.100.080 of this Code. (iii) All repair work shall be performed indoors. 3. The existing subsections 18.130.150 (4) - (27) be renumbered (5) - (26) Following the testimony received at the hearing, the Planning Commission agreed with the general concept, but concerns were raised regarding the allowance of heavy truck repair along with automotive body work. The Commission voted to recommend approval of the proposed Zone Ordinance Amendment with the condition that body work on light vehicles (e.g. under 10,000 G.V.W.) be permitted as a Conditional Use and repair of heavy commercial vehicles remain as a permitted use only in the I-L (Light Industrial) and I-H (Heavy Industrial) zones. S F The staff feels that the Commission recommendation is appropriate. In order 4 to implement this proposal, a separate definition will be necessary for auto body repair. The following definition is recommended by staff: i 18.42.020(c)(6)(E) Automotive and Equipment: Body Repair, Light Equipment. Repair of automobiles and light vehicles under 10,000 gross { cargo weight including body repairs, welding, and painting. Items (E) through (I) would be changed to (F) through (J). This use would be listed as a conditional use in the I-P zone, Section 18.68,040(1) and as a permitted use in the I-L and I-H zones, Section 18.70.030(2)(0)(V) and 18.72.030(2)(D)(V). A draft ordinance and exhibit are attached, which reflect the Planning Commission's recommendation. (KL:br/1971P) 4 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council October 10, 1985 FROM: Loreen Wilson, Recorder SUBJECT: APAA Resolution The City Administrator hopes to hand-carry this material Monday evening. As of this date, staff has been unable to receive information from Beaverton. 1w/3302A r DRAFT 10/14/85 CITY OF TIGARD, OREGON { RESOLUTION NO. 85-1LfG_ '- r{ A JOINT RESOLUTION BETWEEN THE CITY OF BEAVERTON AND TUE CITY OF TIGARD DECLARING AND SUPPORTING MUTUAL ANNEXATION PLANNING AREAS OF AGREEMENT (APAA)-. - WHEREAS, APAA .WHEREAS, the cities of Beaverton and Tigard find that municipal urban services can be provided most efficiently and equitably by cities; WHEREAS, conflicting land use plans and overlapping areas of planning interest tend to delay the ultimate annexation to cities and tend towards illogical and inefficient service boundaries; WHEREAS, both cities respect the rights and preferences of property owners and residents to decide when to annex to a city according to State Law; and WHEREAS, both cities see competition and conflict between cities over individual annexation proposals as contrary to their mutual long-range community interests and wish to avoid such conflicts whenever possible by mutually adopting a clear statement of areas of annexation interest . NOW THEREFORE, be it resolved by the Tigard City Council that: 1. A joint Annexation Planning Area Agreement (APAA) hereby exists between the two cities; 2. The South Beaverton-North Tigard boundary on future annexation areas of interest as shown on tha Map (Attachment A) shall: begin East at the Multnomah-Washington County line; Westerly follow Taylors Ferry Road and a line across to Oleson Road; Westerly along Hall Boulevard to the Hall-Scholls Ferry Road intersection; from the Hall-Scholls Ferry intersections a mutual study area exists for the Washington Square area bounded by Scholls Ferry, Highway 217, Greenburg Road to Hall Blvd. and back to the Hall-Scholls Ferry intersection; from there Southwest along Scholls Ferry Road to the Old Scholls Ferry--New Scholls Ferry Road intersection; continuing Southwest along New Scholls Ferry Road; to the Urban Growth Boundary; 3. The cities declare and support Beaverton's annexation interests North and West of this APAA Boundary and Tigard's annexation interests South and East of the APAA Boundary; 4. The cities mutually agree that upon request from the other that they will support annexation proposals to the other consistent with the APAA Boundary. The cities mutually agree that they will not approve annexations to their city contrary to the APAA without a resolution from the other city supporting such an annexation and specifically modifying any departure from the APAA Boundary; i t r RESOLUTION NO. 85- Page 1 5. The cities further resolve to generally support annexations by the other even away from the APAA Boundary areas and to further develop a joint annexation policy statement in this regard; 6. The cities further agree to a joint staff review and mutual Council approval of the Murray Road connection through the Old-New Scholls Ferry Road area from Beaverton southeast into Tigard. The cities agree to revise and amend other planning agreements consistent with the APAA resolution. PASSED: This day of 1985. Mayor-City of Tigard ATTEST: Deputy City Recorder-City of Tigard (BJldc:1037p) RESOLUTION NO. 85- Page 2 t 1 / /n: s �w { v MAI 41 el js 00, _ OT - e-- z / o < < r O :j: n m Q aQ LL ti Z uj << Z '-r < d m 7 ♦. to '� I.— ¢ cc Q U Cl- .4c . © < F �.• ¢ ` of. �.� _.,.�_. ,. _ .._._ .. „ �� = � Z Q \\ I CITY OF T'IGARD. OREGON f. COUNCIL AGENDA ITEM SUMMARY � ti AGENDA OF: October lA 1985 AGENDA ITEM #: DATE SUBMITTED: October 9, 1985 PREVIOUS ACTION: Public Nearing an _ _ ISSUE/AGENDA TITLE: Northwest Tigard Se tember 4 1985 Annexation PREPARED BY: Elizabeth A. Newton REQUESTED BY: Cit Council DEPARTMENT DEAD OK: � CITY ADMINISTRATOR: _ . POLICY ISSUE INFORMATION SUMMARY Attached is a memo which outlines the status of the Northwest Tigard annexation proposal. A majority of the property owners who own a majority of the property with a majority of the assessed valuation have signed petitions for annexation. - ALTERNATIVES Cai{SIDERED 1. Direct staff to prepare a resolution esol r iComto forward n and to the triple majority annexation proposal to the y 2. Direct staff to prepare a resolution to forward tc the those ound rry Commission an annexation proposal which includes only owners who have signed annexation petitions. 3. Take no action. SUGGESTED ACTION Direct staff to prepare a resolution n to forward the triple majority annexation proposal to the Boundary Commission. (EAN:br01970P) t, .' MEMORANDUM CITY OF TIGARD, OREGON TO, city Council October 9, 1985 FROM: Planning Staff SUBJECT: Northwest Tigard Annexation On September 4, 1985, the City of Tigard Council reviewed a request for annexation of 41.64 acres into the City of Tigard. At that meeting, the Council directed staff to continue consideration of issues to October 14, 1985 and require readvertisement of the hearing basen the new sig at ref that with required notice being sent to surrounding property portion of the September 4 1985 City Council Minutes is attached. The staff has readvertised the annexation to include over 88 acres. A map of the area under consideration is attached. A public hearing has been advertised to consider a triple majority annexation for the entire area, The City has received signed petitions for 62.91 acres within the area under consideration. The petitions received by the City include 56% of the total assessed valuation of the area under consdieration. The total assessed valuation is $1,266,100. The petitions signed for annexation total $715,100.00. A total of 15 persons signed petitions for annexation. There are 10 property owners involved in the area who have not signed for annexation, STAFF RECOMMENDATION: Staff recommends that the City Council review the triple majority annexation proposal and direct staff to prepare an ordinance to forward the triple majority proposal to the Portland Metropolitan Area Local Government Boundary Commission, EAN:br/1970P) r` 11 . _PUBLIC IWORLNG- 7_oNE ('HANG, 11NNEXATION ZCA 12 85, Pf=RRIN/5011:NK, NPO H2 ! Request to aiuir x 80 acres into the City of l igard, ctr+raTi.ncl the Joninq designation from Wash ingLun Count.y R--5 to City of Tigard R •4.5. Located: On SW North Dtfkuta, north of SW 92nd Avcanuo. (Tax Map 151 35D©, Lot. 8400) a. Public Hearing Opened b. Director of Planning & Development outlined history of request noting the Planning Commission concerns over the inclusion of right--of--way of SW North Dakota in the annexation request. C. Public Testimony: No one appeared to speak. d. Director of Planning & Development recommended approval of the request with direction from Council regarding the inclusion of the right--of-way of SW North Dakota. e. Public Hearing Closed f, Consensus of Council was to direct staff to prepare resolution to forward to Boundary Commission with zoning designation as outlined by Planning Commission without including any right-of-way in the request from SW North Dakota. This is to be brought back for Council approval on 9/9/85. 12. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT CPA 9-85 & ZONE CHANGE ANNEXATION ZCA 11-85, KRUEGER Request to annex 41.64 acres into the City of Tigard, changing the Comprehensive Plan designation from Washington County Residential 24 units/acre to City of Tigard Medium High Density and the zoning from Washington County Residential 24 units/acre to City of Tigard R-25. Located: East of Murray Blvd. , between Old and New Scholls Ferry Road (Tax Map 1S1 33C. Lots 600, 601, 602, 604, 1100, 1101, and portion of 1000) a, Public Hearing Opened b. Associate Planner Newton stated there were many changes in request from original public hearing on 8/6/85 before Planning Commission. Staff suggested that Council hold public hearing and determine whether or not additional property should be added to the proposal prior to submission to the Boundary Commission. C. Public Testimony: Opponents a Gale Stover, Route 1, Box 381, Beaverton, expressed opposition to annexation into City of Tigard noting Beaverton School District and water already in area. She stated Mayor Larry Cole of Beaverton has stated he felt 'mislead' regarding the annexation of this area to Tigard. Page_4 - COUNCIL MINUTES - SEPTEMBER 4, 1985 o Brad bodges, Route 1 , tlux 364A, 1.9eavcrton, stated ccsncerns rwj.Ardinq d(�volopiiwnl, in lAw .Area rArid wished to no b(!r.omo ., part of Tigard. 110 wanted Lo r.ont.inuc, to have• aces% to lurAlat.in dills Park and Rnc.r: ation Disl.ricL. Proponents: o Ryan O'Brian. 209 NE Lincoln, Hillsboro, noted he had petitions signed now for 1.3 lots and folt that another one or two would be signed within a short time. d. Motion by Councilor Scott, seconded by Councilor Edwards to continue consideration of issues to 10/14/85 and require read vert isement of the hearing based on the new signatures with required notice being sent to surrounding property owner. Approved by unanimous vote of Council present. e. Councilor Edwards suggested staff meet with landowners in area and discuss issues and answer questions before the 10/14 hearing. RECESS: 8:54 P.M. RECONVENE: 9:20 P.M. 13. PUBLIC BEARING: COMPREHENSIVE PLAN AMENDMENT CPA 8-85, 6 ZONE CHANGE ZC 9-85, CITY OF TIGARD Review Planning Commission's recommendation to assign the following Comprehensive Plan and Zoning designations to property being annexed into the City. Tax Map/Lot # Existing Zoning/Comp. Plan Desia. F?roposed ISI 35AC 3700 Residential 5 units/acre R-4.5 Low Density 1S1 35AC 4400 Residential 5 units/acre R-4.5 Lvw Density 1S1 35AC 3800 Residential 5 units/acre R-4.5 Low Density ISI 35AC 2800 Office Commercial CP Comm. Professional 1S1 35AC 101 Office Commercial CP Comm. Professional ISI 35AD 1400 Office Commercial CP Comm. Professional Residential 5 units/acre & R-4.5 Low Density 1S1 35AD 1200 Residential 5 units/acre R-4.5 Low Density ISI 35AD 1300 Residential 5 units/acre R-4.5 Low Density Also, a request to consider assigning the significant wetlands overlay designation to the following properties: Tax Map 1S1 35AC, Lots 3700, 4400, 3800, 2800, 101; and Tax Map iS1 35AD, Lots 1200, 1300, 6 1400. (NPO #4) a. Public Hearing Opened b. Director of Community Development synopsized request and noted zoning is proposed to be designated to the closest City designation from County zoning. Page 5 — COUNCIL MINUTES — SEPTEMBER 4. 1985 T ITY f � .:: El CO tv ac P 1 i r \,\ P.G.E . TdWW1'.!P jJN S UTU, 35-- L 5L Al7F id33 a r L d, � MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council October 10, 1985 FROM; Community Development SUBJECT: Items No. 12 and No. 13 October 14, 1985 Agenda Item No. 12-68th Avenue Parkway LID #35 - Phase IV - Call for Bids, and Item No. 13-Greenburg/Tiedeman t:ID #85--02 -- Phase I - Resolution, are both being set over to the October 28, 1985 Council agenda. (1978P) /br CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 14, 1985 AGENDA ITEM #: DATE SUBMITTED-. October 10, 1985 PREVIOUS ACTLON: Ordinance mailed to ISSUE/AGENDA TITLE: Council 10!7185 LID Policy Code Amendments — PREPARED BY: Jov Martin ( � Ordinance No. 85— REQUESTED BY: DEPARTMENT HEAD OK: __ CITY ADMINISTRATOR: POLICY ISSUE At the May 20, 1985, City Council meeting the Local Improvement District Policy and Procedure report was adopted by Resolution No. 85-37. The attached Ordinance repeals chapter 13.04 of the Tigard Municipal Code on Local Improvement Districts and adopts new code consistent with the Report. INFORMATION SUMMARY The Ordinance follows the policies in the Policy and Procedure Report and the flow chart. There are two changes in the Assessment Stage under "Key Administrative Actions" which are: 1. Council pass an Assessment Resolution prior to hearing objections on the proposed spread of assessments; and 2. The meeting where Council hears objections is a public hearing, not a public meeting as in the Report. The addition of the resolution will give Council an opportunity to review the method of assessment as proposed in the Formation Stage and Ordinance Forming the District prior to notifying citizens and receiving objections. The change to a public hearing is a change to be consistent with current practices. ALTERNATIVES CONSIDERED 1. Approve the changes and :,-ss the attached ordinance consistent with the Report. 2. Not approve the changes and revise the Ordinance prior to passage. SUGGESTED ACTION Adopt the attached ordinance. (1033p) J 5. ASSESSMENT IMPROVEMENT Citizens! Opportunity to Property abject to the spreading of assess- Owners meats in writing Staff Prepare notices for the spreading of assessments Publish and send notices Ithe ssment Key Administrative lution Actions for Public i Key Decision nance Spreading Assessments ANCE ANO CLOSURE �.�� fr Assessment Resolution Documents e/ Hearing Notices Ordinance Spreading the Assessment t, LID POLICY AND PROCEDURES — DRAFT (10/lA/85). PAGE 29 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 14 1485 AGENDA ITEM fit: I DATE SUBMITTED: October 10, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Streets Public Facilities Plan Discussion PREPARED BY: William A. Monahan REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE How should the Murray Blvd. extension be aligned in reference to lower Scholls Ferry Road and 135th? INFORMATION SUMMARY Attached is a memo and map dealing with the proposed alignment of the Murray Blvd. extension. The Council should give staff direction on the option that is preferable. Also, a map will be presented at the meeting which shows the present and future connections between Tigard and Beaverton. Direction is needed concerning the adequacy of this map as the Public Facilities Plan for Transportation. e ALTERNATIVES CONSIDERED 1. Review and provide direction to staff. 2. Defer judgement until further information is provided. SUGGESTED ACTION Review and provide direction to staff. (WAM:br/1975P) i MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council October 10, 1985 FROM: William A. Monahan, �A Director, Community Development SUBJECT: Streets Public Facilities Plan Discussion On September 23rd, I presented to Council two options for the location of the Murray Blvd. extension. At that meeting, attended by Councillors Edwards and Brian, along the Mayor Cook, the concensus, by a two to one majority, was that the northerly of the two routes was preferable and a "T" intersection of 135th and the extension was preferable. The Council suggested that I bring the item back for further input from Councillors Edin and Scott. Attached is a map showing the options. I will present a larger map for consideration at the meeting, along with a map showing the proposed transportation connections between Tigard and Beaverton in the Scholls Ferry area. This map is the visual representation of Tigard's Public Facility Plan for Transportation. The Council should discuss this plan in connection with the Transportation Plan and direct staff to proceed to finalize the plan. (WAM:br/1975P) MURRAY BLVD. CONNECTION Showing two options for 1) Alignment of Murray � 9 2) Intersection options (see -- attached blow-ups of the options) \ 33Ail as 7.3a r II ae f a. !Iia ��� �. e.0 w.ea�ecaien. ,•� \ 4 Nalalt n. .� I• °C LEY a(! nrrro EST V it (I > nl I e1 33 N an i as �7�s�.r• I.i v L r a w 1 A rs ST UT y► w rf � `' Dap � T�teRs�ctro � :�«; .� � s =_< '• as i SS fA'� �� I •' -_>�._.,�: ST. a ' • r. 4M�' •r• `EL aiaAmos / Y. •aEE7\K. (jJ{ r t x � M cc •y� a �� w r. n = M • a � =r rr � tE i !! M raw a _ 9 _ Tom t ii • � � �'/ r� R •waa @' 1 ���-V.7•,,y f�>>:/ '+�•.^�.^ �.+ _ �� �`1� ..{gyp � - �.' �� _ � _. '�•�erLL�.�� � �!°i1.1�'��'���� '� � 'Vii' t "Tr• _ it��•ii �-=-� lY f f �f♦ t. j y,q•��,rfp�.L tlw•,+,+w�MY �;.r' -- ,�•'�#. .IAN� � � ��.�+ r.�sV+•/�' "'S �'!k��W, -�.�.fWf'. ::f-.t :us�,rc.r.+•rfr�s•dY,+'; ';;�y�f�, �. �'-� {- � _t•YgtYsirfN�1^s'Y'st. _ ...�. a s �r�.r• 7%L 56 _ s'��. ► 1-,.x reap T ��tvy �4f a2 f`,�i �'• `�,i 8 • •• j a * f,' e6 - i7 A � •. lw ,� _ �. ��y � ^' . • �'.- .rte. � .-lvwwr++a j' ♦ h .7�fL;rYil:�,'f'4'-�l����L'.�ai• ! ; ...�.. /NYi��4F•�N•'11� >rr!M• s' a v C~ y .d - rA t,S+',� �+�•tom �j,+F}?iY � ;at�- � i � i �J,>. � i�. t . ` :fr It ti L c =�: ' e 17 rw CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY /- AGENDA OF: October 141.985 AGENDA ITEM #: ll� DATE SUBMITTED: October 8, 1985 PREVIOUS ACTION: Submission of Road ISSUE/AGENDA TITLE: Countv Road Transfer Requested by City Council Acceptance Discussion PREPARED BY: William A. Monahan REQUESTED BY: DEPARTMENT HEAD OK: ✓_J�� � CITY ADMINISTRATOR: _ _ POLICY ISSUE Will Washington County transfer the jurisdiction of certain roads to the City. INFORMATION SUMMARY The attached letter from Washington County describes the proposed action by the County concerning our request for, transfer of jurisdiction of several roads. The County did, on October 1, 1985, take the action suggested by the County staff, that is, continue the hearing to December 3, 1185. The County will work with us to develop an inter-governmental agreement. ALTERNATIVES CONSIDERED 1. Accept and place on file the County action and authorize the Community Development Department to negotiate an inter--governmental agreement with the County concerning Road Jurisdiction. 2. Accept and place on file. SUGGESTED ACTION The staff recommends that the City Council authorize the staff to negotiate an inter-governmental agreement with the County concerning road jurisdiction policy. (WAM:br/1963P) _ E WASHINGTON COUNTY ADMINISTRATION BUILDING - 150 N. FIRST AVENUE HILLSBORO, OREGON 97124 Oor � 198$ DEPT.OF LAND USE AND TRANSPORTATION Engineering/Survey Division 2nd Floor (503)6.1&8761 September 25, 1985 Bill Monahan Director of Planning & Development City of Tigard 12420 SW Main Street Tigard, OR 97223 RE: ROAD JURISDICTION The purpose of this letter is to provide you with a copy of Washington County Board of Commissioners' agenda items for the public hearing scheduled for October 1 , 1985, regarding surrender of jurisdiction of certain County roads to the City. As indicated, the staff's requested action is to continue the public hearing until 10:00 AM, December 3, 1985, to allow us to develop an intergovernmental agreement with your City to implement the Road Jurisdiction Policy. Until this agreement has been jointly developed, we will be working with you to resolve any pending land development issues requiring approval to access onto County roads. If you have any questions, please give me a call at 648-8738. Jerr armenter Engineering/Surveying Manager JP:ss Attachment r c: Richard A. Daniels John Rosenberger Brent Curtis Tam Tushner Chuck Pearson an equal opportunity employer F AGENDA WASHINGTON COUNTY BOARD OF COMMISSIONERS �- da Category Public Heari no Surrender of Jurisdiction of Certain County Roads to the City of Agenda Title Tigard (C.R. No. 2622 T/J) To be presented by Jerry Parmenter,_ Enai neeri na/Survevi na Manager SUMMARY (Attach Supporting Documents if Necessary) The City of Tigard has by City Council action, requested the transfer of jurisdiction of portions of S.W. 135th Avenue, S.W. Walnut Street, S.W. 121st Avenue and S.W. Gaarde Street, from the County to the City. Adapted policy is that the County "not transfer jurisdiction of roads designated as Major Collectors or Arterials by the County Transportation Pian" unless certain conditions are met. We are now engaged in developing an intergovernmental agreement with the City of Tigard to address those conditions. Once the agreement has been adopted by both jurisdictions, the surrender of jurisdiction will be brought back to the Board. DEPARTMENTS REOUESTED ACTIONV. Continue the Public Hearing until 10:00 AM, December 3, 1985 to allow staff to develop an intergovernmental agreement with the City of Tigard to implement the Road Jurisdiction Policy. JP:CP:hs COUNTY ADMINISTRATOR'S RECOMMENDATION: ^r Agenda Item No. Date: CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ) AGENDA OF: October 14, 1985 AGENDA ITEM N: DATE SUBMITTED• October 9, 1985 PREVIOUS ACTION: ISSUEOAGENOA TITLE: Notice of Decision SDR 13-85 Dick Cochran PREPARED BY: Community Development REQUESTED BY: DEPARTMENT HEAD OK ' CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Attached is the Notice of Decision for Side Development Review for SDR 13-85 for Dick Cochran to establish a tire shop and related facilities on property zone CBD located at 12400 SW Main Street ALTERNATIVES CONSIDERED 1. Receive and File. 2. Motion to remove from Consent Agenda and call up for Council review at a later meeting. SUOCESTEO ACTION Receive and file. CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 13 -85 APPLICATION: Request by Dick Cochran to establish a tire shop and related facilities on property zoned CBD (Central Business District) and located at 12400 S.W. Main Street (WCTM 2S1 2AB, TL 4300, 4500) DECISION: Notice is hereby given that the Planning Director for the City of Tigard has approved the above described application subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A FINDING OF FACT 1. Background No previous land use applications have been reviewed by the City . 2. Vicinity Information All of the surrounding properties are zoned CBD (Central Business District). Commercial development abuts the properties on all sides as well. One single-family residence is situated nearby between the subject property and Burnham Street. 3. Site Information and Proposal Description A commercial building presently exists with frontage on Main Street, and a portion of the rear of the property is paved. Access is provided by driveways on Main Street and Burnham Street. The applicant plans to establish a tire sales store which will include the conversion of the existing building to the new use, a 1,080 square foot building and additional parking in the rear of the property. 4. Agency and NPO Comments The Engineering Division indicates that water run--off from the roof of the new building should be directed in a manner that does not adversely affect adjacent properties. The method for dealing with stormwater run-off should be reviewed and approved by the Building Inspection Division, which has determined that the run-off can be corrected with proper engineering. The Building Inspection Division has no objection to the proposal. B. ANALYSIS AND CONCLUSION The proposed change in the use of the property and the related expansion is consistent with Community Development Code requirements for building setbacks, height and parking. Because of the manner in which the subject property and surrounding parcels are developed, it is not possible to comply with current Code standards for visual clearance and landscaping. NOTICE OF DECISION - SDR 13-85 - PAGE 1 The driveway on Plain Street is approximately 15 feet wide. This is less than the width of 24 feet required for a two-way driveway, and 1 therefore, this driveway should be identified as a one-way entrance with egress provided via the Burnham Street driveway. As noted above, only a portion of the parking area is paved. Section 18.106.050(i) of the Code requires that all parking and loading areas as well as driveways be paved. The remaining gravel area on Tax Lots 4300 €' and 4500 which are to be used for parking or access should be paved. In conjunction with the additional paving, the proper disposal of stormwater run-off should be accomplished. The stormwater run-off on the property travels toward Burnham Street. Care should be taken so that adjoining properties are not negatively affected. C. DECISION The Planning Director approves SDR 1?.-85 subject to the following conditions: 1. All necessary permits shall be obtained from the Building Inspection Division. 2, The existing gravel portion of the parking area and rear driveway on Tax Lots 4300 and 4500 shall be paved. 3. The method for disposing of stormwater run-off shall be reviewed and approved by the Building Inspection Division prior to issuance of an Occupancy Permit. 4. The Main Street driveway shall be identified and used as a one-way driveway. 5. This approval is valid if exercised within one year of the final decision date noted below. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Nall and mailed to: XXX The applicant 6 owners XXX Owners of record within the required distance XXX The affected Neighborhood Planning Organization XXX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON October 21, 1985 UNLESS AN APPEAL IS FILED. r <x NOTICE OF DECISION -- 'SDR 13-85 - PAGE 2 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. 10/21/85 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171. William A. *dA"Wh'JTh—,-15irector of Planning & Development DATE APPROVED (KSL:br/1969P)) NOTICE OF DECISION - SOR 13-85 - PAGE 3 s CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY / �( AGENDA OF: October 14 1985 AGENDA ITEM #: / U DATE SUBMITTED: October 1, 1985 PREVIOUS ACTION: ISSUEIAGENDA TITLE: Notice of Decision--M 11-85 & V 17-85 PREPARED BY: Community Development REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Attached is the notice of decision for the following: Lot Line Adjustment M 11-85 and Variance V 17-85 for Benj . Franklin and Tom Miller to adjust three parcels of 7,500, 8,165, and 7,931 square feet into three parcels of approximately 8,403, 7,732, and 7,461 square feet and to allow a variance to the minimum lot size requirement of 7,500 square feet on property zoned R-4.5, located within Solarcrest Subdivision. ALTERNATIVES CONSIDERED 1. Receive and file. 2. Motion to remove from Consent Agenda and call up for Council review at a later meeting. SUGGESTED ACTION Receive and file. (br/1947P) CITY OF TIGARD i" NOTICE OF DECISION LOT LINE ADJUSTMENT M 11-85 VARIANCE V 17-85 APPLICATION: Request by Benj. Franklin and Tom Miller to adjust three parcels of 7,500, 8,165, and 7,931 square feet into three parcels of approximately 8,403, 7,732, and 7,461 square feet and to allow a variance to the minimum lot size requirement of 7,500 square feet on property zoned R-4.5 (Residential, 4.5 units/acre) and located within Solarcrest Subdivision, a southwest corner of Elrose St. and 97th Ave. (WCTM 2S1 11BA, TL 4900, 5600 and 5700. DECISION: Notice is hereby given that the Planning Director for the City of Tigard has approved the above described application subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background Solarcrest Subdivision was approved by the City in 1980 (S 6-80) and the plat has recently been recorded. 2. Vicinity Information The properties to the north and west are undeveloped lots within Solarcrest Subdivision. Single family residences on large lots lie to the south and on the east side of 97th Avenue. 3. Site Information and Proposal Description Lots 1 and 8 of Solarcrest Subdivision are undeveloped and Lot 9 includes a residence that was built on the property prior to the subdivision. A foreclosure occurred related to the development of the property. The underlying ownership and financing of the subdivision consists of two parts. The southern 5 feet and Lots 9 and 10 and the remainder of the subdivision are legally regarded as separate entities with different liens applying to each. Since the problems relating to the foreclosure will not be resolved for some time, the applicant is requesting the lot line adjustment in order to allow the majority of the subdivision to be developed (Lots 1-8, 11 and 12) in the near future. The proposed lot line adjustment will reduce the size of Lots 1 and 8 by transferring the southerly five feet of those lots to Lot 9. The size of Lot 1 will be reduced below 7,500 square feet and therefore a variance request is also required. 4. Agency and NPO Comments The Engineering and Building Inspection Division have no objection to the proposal. NOTICE OF DECISION - M 11-85 & V 17-85 - PAGE 1 No other comments have been received. B. ANALYSIS AND CONCLUSION After the lot line adjustment is implemented, Lot 9 will include a 5 foot wide strip extending to 97th Avenue and Lots 1 and 8 will be reduced to 7,461 and 7,732 square feet respectively. Except for the necessary variance to reduce one of the lots below the 7,500 square foot minimum lot size, the proposal is consistent with City Code requirements. Although the creation of the 5 foot strip is not ideal, it appears to be the only solution available to initiate development of the subdivision in a timely manner. It should be made clear that the 5 foot strip attached to Lot 9 shall not be used for access and the City will expect this strip to be maintained as required by Section 7.40.020 of the Tigard Municipal Code. The City would be receptive to a future lot line adjustment proposal to eliminate the 5 foot strip. Because this proposal will create one lot that is smaller than the minimum lot size of 7,500 square feet for the R-4.5 zone, a variance approval is necessary. Section 18.134.050 of the Community Development Code contains the following criteria which must be addressed before a variance may be granted. 1. The proposed variance will not be materially detrimental to the purposes of this Code, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies and standards; and to other properties in the same zoning district or vicinity; 2. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; 3. The use proposed will be the same as permitted under this Code and City standards will be maintained to the greatest extent that is reasonably possible, while permitting some economic use of the land; 4. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were located as specified in the Code; and 5. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The primary purpose of the minimum lot size of the R-4.5 zone is to provide a control for housing density and spacing between buildings. This proposal will merely shift a small amount of square footage from one lot to another and will have no effect upon the overall density of the subdivision. The legal problems mentioned earlier in this report have necessitated this solution. The 7,500 square foot minimum could be obtained for Lot 1 but an irregular lot configuration would result. The proposed residential uses proposed for each lot conform with Code requirements and the size of Lot 1 (7,461 square feet) is only 39 square feet under the 7,500 square foot minimum and the remaining two lots will exceed this standard by more than 200 square ... ... .... _ _._;.._ Beet. , r t C. DECISION The Planning Director approves M 11-85 and V 17-85 subject to the following conditions: 1. The lot line adjustment survey and legal descriptions shall be submitted to the Planning Director for review and approval. THE CITY SHALL RECORD THESE DOCUMENTS AFTER THEY ARE APPROVED AND A COPY SHALL BE FORWARDED TO THE APPLICANT. 2. None of the three lots shall be less than 7,400 square feet. 3. The 5 foot strip attached to Lot 9 shall not be used for access and it shall be maintained in accordance with Section 7.40.020 of the Tigard Municipal Code. 4. This approval is valid if excercised within one year of the final decision date noted below. This approval is valid if exercised within one year of the final decision date noted below. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hull and mailed to: XXXX The applicant b owners XXXX Owners of record within the required distance X� XXX The affected Neighborhood Planning Organization XXXX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON October 7, 1985 UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. October 7, 1985. 4. estions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW Ash, PO Boa 23397, Tigard, Oregon 97223, 639-4171. oe .000�w ' b-� �s William A. Monahan, Director of Planning A Development ATE APPROVED (KSLsbr/1926?), , ._• .NOTICE OF DECISION M 11-85 & V 17-85 - PAGE 3 C I W t sc:AW) 01?1.cria COUNCIL AGENDA ITEM SUf11ARY Q AGENDA OF: October 14, 1985 AGENDA ITEM N: DATE SUBMITTED: October 10, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Notice of Decision SDR 14-65 Roger's Machinery PREPARED BY: community Develoament REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Attached is the Notice of Decision for Site Development Review SDR 14-85 for Roger's Machinery Company to construct a 19,000 square foot addition to an existing industrial building on property zoned I-L, located at 14600 SW 72nd Ave. ALTERNATIVES CONSIOEREO 1. Recieve and File. 2. !lotion to remove from Consent Agenda and call up for Council review at a later meeting. SUGGESTED ACTION Receive and file. w CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 14-85 APPLICATION: Request by Roger's Machinery Company to construct a 19,000 square foot addition to an existing industrial building on property zoned I-L (Light Industrial) and located at 14600 SW 72nd Ave. (WCTM 2S1 12AD, T.L. 500 and 501). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has approved the above described application subject to certain conditions The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background No previous land use cases have been reviewed by the City regarding the subject property. 2. Vicinity Information Bonita Road and 72nd Avenue are both major collector streets, which abut the subject property to the north and west. An L.I.D. project recently allowed for the improvement of 72nd Avenue to City standards except for sidewalks. All of the surrounding properties are zoned I-L. 3. Site Information and Proposal Description The southern portion of the property is developed with an industrial bui',ding and a smaller warehouse ' iii the southeast corner. The applicant plans to expand the industrial building to the north and east and the warehouse building will be enlarged to the north. The gross floor area of the"" o buildings following the intended expansion will be approximately 45,150 square feet. The parking area will be shifted further north to accommodate the new construction. 4. Agency and MPO Comments The Engineering Division has the following comments: a. Any relocation of drainage facilities on Tax Lot 501 should be done in conjunction with a recorded drainage aasement. b. On site drainage must be directed to the closed system within the 72nd Avenue right-of-sway. C. There are no sidewalks in the immediate area. Since the property will undoubtedly be developed furthar,� the ( sidewalksinstallation, can be, deiayed until the riainder of the property is 'developed At that time, a sidwmIkeshould be installed along the 72nd Avenue and Bonita Road frontage NOTICE OF DECISION --8QA.14-95 - PAM 1 d. Any relocation of utilities will be the responsibility of the applicant. e. A street opening pertait will be required for any construction performed within the public right-of-way. The Building Inspection Division has no objection to the proposal. The Tualatin Rural Fire Protection District indicates that the proposed construction will require automatic sprinklers or fire separation walls. Also, all portions of the building must be within 250 feet of a fire hydrant. NPO N5 has no objection to the request, but it is suggested that it be clearly understood that the sidewalk along the 72nd Avenue and Bonita Road frontage will be required upon further development of the property. B. ANALYSIS AND CONCLUSION The proposed addition to the existing facilities are in conformance with Community Development Code requirements for building setback, parking (46 spaces required. 68 provided), access, lot coverage, visual clearance at driveway entrances, and landscaping. A ' 5-foot wide sidewalk will be required upon further development of the property. Installation of the sidewalk now would be premature considering the amount of property that will remain vacant. It will be more appropriate to install. the entire sidewalks as a condition of completing the development of the property. C. DECISION The Planning Director approves SDR 14-85 subject to the following conditions: 1. UNLESS OTHERWISE OTEO, ALL CONOITIONS" SHALL BE MET PRIOR TO ISPUANCE OF BUILDING PERMITS. 2. A private drainage easement shall be recorded by the applicant for the relocation of drainage facilities in Tax Lot 501, prior to occupancy of the new additions. 3. Drainage from the site to 72nd Avenue shall be designed to enter a closed on-site system which connects to the drainage pipes within the 72nd Avenue right-of-way. On-site drainage shall not be permitted to flow down the driveways onto 72nd Avenue. The plans for said drainage improvements shall be approved by the Building Inspector. 4. A 5 foot wide public sidewalk shall be installed along the Bonita Road and 72nd Avenue frontage upon the development of the remainder of the property. If the _northern portion of the property s or sold. the sidewalk will be times along the developed o� required loped portion of t property ndAvA enue. nOTICE OF DECISION - SOR 14-05 - PAGE 2 M- 5. In order to assure compliance with Condition 4 above, a $7.500 Performance Bond shall be posted with the City. If Tax Lots 500 and 501 (formerly Tax Lot 2800) are recombined as proposed on { September 1. 1986. this bond agreement may be terminated after approval by the City. Contact John Hagman in the Engineering Division for further information. 6. Utilities shall be relocated by the applicant. Any necessary easements to accommodate said utilities shall be provided by the applicant. 7. A street opening permit shall be obtained from the Engineering Division prior to the initiation of any work within the public right-of-way. 8. The landscaping materials shown on the approved landscaping plan submitted by the applicant shall be installed prior to occupancy of either of the building additions. 9. This approval is valid if exercised within one year of the final decision date noted below. to. It should be understood by the applicant that Tax Lots 500 and 501 do not constitute legally separate parcels. A partition approval must ba approved by the City before either lot can be sold separately. D. PROCEDURE ':_ 1. Notice: Notice was pu:,lished in the newspaper, posted at City Hall and mailed to: XXXX The applicant 6 owners XXXX Owners of record within the required distance XXXX The affected Neighborhood Planning Organization XXXX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON October 21, 1985_ UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.29O(A) and Section 18.32.370 of the Community DevelopmentCode which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. 1f21l85 NOTICE OF DECISION SDR 14-•85 PAGE 3 LL 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Nall, 12755 SW Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171. j-� , �-s�✓ Gv�y ''L""' Octaber 10. 1985 - Director of Planning b Development DATE APPROVED WilliamA. Monahan, ('KSL:br/3301A)) NOTICE OF DECISION SOR 14-85 — PAGE 4 m CITY OF TIGARD. OREGON t COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Qctober 14 1985 AGENDA ITEM # 17. 3 DATE SUBMITTED: _10-3-85 PREVIOUS ACTION: _City Council ISSUE/AGENDA TITLE: 422*-ove Bid Meeting September 9 1985 Award for Library Furnishines REQUESTED BY: � G•+••n��1 DEPARTMENT HEAD OK: { CITY ADMINISTRATOR: _ INFORMATION SUMMARY The City Council at its meeting Of September 9, 1985, directed that bids be called for two lots of furnishings for the library. Lot #1 included all the wooden furnishings, Lot #2 included all metal shelving and shelf lighting. The requests for bids were called on September 12 and the bids were closed on September 30. Four bids were received on Lot #'l; one bid was received on Lot #2. Low bid for Lot #1 was Environetics, 17380 SW Boones Ferry Road, Lake Oswego 97030. Lot #2 was bid by Sound Business Systems, 101 Nickerson Street, Suite 6008, Seattle, WA 98109. Our estimate for Lot #1 was $86,624; the bid is $74,544.93; a difference of $12,079.07. Our estimate for Lot #2 was $38,227; the bid is $35,321.81; a difference of $2,945.19. This is a total of $14,984.26 under the original estimate. The low bids have been examined and found to be in order. sa:sasaszasssssaasaxsasszzsas:aa:saesssazaasazsxssaazsaes:seas$:asasaazasaazsssaacmaz ALTERNATIVES CONSIDERED 1. Issue contracts to Environetics for Lot #1 for $74.544.93 and to Sound Business Systems for $35,321.81. 2. Issue no contracts. „:ease,sea+czaasassasssassssasssssassazmesas::ai=sze+saaaaassaasasasasas:azaamaazso==:s SUGGESTED ACTION as considered in #1 above. `- ' Approve bid awards and issue contracts .y..y_ a .. • '.. • • r s • as •• •• N H a • • ar • a. • s • aw a • :' �. '- •� MEMORANDUM / `r CITY OF TIGARD, OREGON t, T0; Honorable Mayor and City Council October 10, 1985 FROM; Doreen Wilson, Recorder QJ-0 SUBJECT: High Density File Systems Bid Request Attached is a copy of the Request For Proposal (RFP) for the file systems bid for the Records and Vault areas at the new Civic Center. We anticipate bids for about $1.0,000 and this amount is included in the supplemental budget which you will be reviewing in the near future. To give you an idea about the file space useage that high density files allow, the Records Room would be able to hold 12 legal size four-drawer file cabinets. With the proposed shelving, there uould be the equivalent file space of 28.6 legal size four-drawer file cabinets. lw/3302A CITY OF TIGARD. OREGON RE9LESTS FOR PROPOSALS for CIVIC CENTER NIGH DENSITY FILE SYSTEMS IN TIGARD. OREGON OCTOBER 17. 1985 (lwl3297A) CITY OF TIGARD, OREGON _ NOTICE TO PRESPECTIVE BIDDERS HIGH DENSITY FILE SYSTEMS Sealed bids will be received by Doris Hartig, Purchasing Agent for the City of Tigard, at 12755 SW Ash Avenue, Tigard, Oregon, 97223 (mailing address: PO Box 23397, Tigard, OR 97223) for high density file systems for the Tigard Civic Center at 13125 SW Hall Blvd. , Tigard, Or. until 2:00 PM, Thursday, November 7, 1985, at which time the bids will be publicly opened and read. All bids must be received in a sealed envelope plainly marked "Bid for City of Tigard High Density File Systems". Bidding documents are available at Tigard City Hall, 12755 SW Ash Avenue, Tigard, Oregon on October 17, 1985. INSTRUCTIONS TO PROSPECTIVE BIDDERS Sealed bids will be received by the City of Tigard as noted above. Under no circumstances will any bid be considered that is received after 2:00 PM on Thursday November 7, 1985. The City reserves the right to reject all bids, to waive informalities, and to accept only such bids as may appear in the best interests of the City. Competence and responsibility of bids will be considered in making an award. Evaluation will follow the City of Tigard's Local Contract Review Board Rules and the conditions within this Request For Proposals (RFP). i TABLE OF CONTENTS I - GENERAL BIDDING INFORMATION AND TERMS PAGE NUMBER I-1 PURPOSE 1 I-2 POINT OF CONTACT 1 I-3 SCHEDULE OF EVENTS 1 I-4 PROTEST OF BID SPECS 1 I-5 RESPONSE DATE - BID OPENING 2 I-6 VENDORS' PROPOSALS 2 I-7 MULTIPLE OR VARIATION BID PROPOSALS 2 I-8 PROPOSAL PREPARATION 2 I-9 ACCEPTANCE OF PROPOSAL CONTENT 2 I-10 CITY RESERVED RIGHTS 3 I-11 PRIME VENDOR RESPONSIBILITIES 3 I-12 FOREIGN VENDORS 3 I-13 PERMITS, LICENSES AND CODE COMPLIANCE 3 1--14 PUBLIC RECORD 3 I-15 CONTRACT DOCUMENTS 3 I-16 FORCE MAJEURE 4 I-17 METHOD OF PAYMENT 4 I-18 FAILURE TO PERFORM 4 I-19 LOCATION 4 I-20 COMPLETION OF WORK 4 I-21 DELIVERY 4 I-22 ACCESS TO JOBSITE 4 I-23 INSTALLATION RESPONSIBILITY 4 I-24 GUARANTEE 5 1-25 INSURANCE 5 < I-26 AVAILABLE MAINTENANCE 5 I-27 TERMS AND CONDITIONS 6 II - HIGH DENSITY FILE SYSTEM SPECIFICATIONS Bid Alternative #1 - Vault Room File System 6 Bid Alternative #2 - Records Room File System 6 Bid Alternative #3 - Vault/Records File Systems 7 III - BIO SUBMI TTAL FORM 8 IV - DECISION MATRIX( 9 V - DRAWING OF PROPOSAL_ 10 ATTACHMENTS Spacesaver S/2--M Equipment Specifications 11 Wilson Record Mate Specifications 12 �Y k I - GENERAL BIDDING INFORMATION AND TERMS II1 PURPOSE The City of Tigard requests proposals to provide the services and products, including shipping, necessary to install High Density File Systems for the Municipal Civic Center in Tigard. This Request for Proposals (RFP) will provide interested vendors with sufficient information to enable them to prepare and submit proposals for consideration by the City. It is the City's intent to select the most cost-effective proposal based on our evaluation of responses and other considerations described in the RFP and the decision matrix (Page 9). 1-2 POINT OF CONTACT The City of Tigard designates the following persons as the sole points of contact for this selection action. All questions pertaining to this RFP should reference City of Tigard Civic Center and be directed to: Loreen Wilson or Doris Hartig City of Tigard 12755 SW Ash Avenue PO Box 23397 Tigard, Oregon 97223 Telephone Number (503) 639-4171 I-3 SCHEDULE OF EVENTS The schedule of events for this RFP is: rl_ 1. RFP issued October 17, 1985 2. Proposals due (2:00 PM) November 7, 1985 3. Bid Opening (2:00 PM) November 7, 1985 4. Contract Award November 18, 1985* (estimate) S. Installation January, 1986*-*(estimate) * Successful bidder will be notified by telephone i May be altered based on timing of new building construction which is located at 13125 SW Hall Blvd. , Tigard, Oregon. Bidders will be given 30 days written notification for installation date. I-_4 PROTEST OF BID SPECS Vendors who have a protest, under Section 30,050 of Ordinance No. 85-06, on the requirements of the RFP should submit them in writing to the Purchasing Agent, Doris Hartig, at Tigard City Hall, 12755 SW Ash Avenue, Tigard, Oregon. The City will make every effort to respond to such issues and, if warranted, to amend the RFP. If satisfaction is not achieved, appeals may be made to the City Council, In the event that it becomes necessary to revise any part of this RFP, addenda will be provided to all vendors who receive the initial RFP. This includes the City's prerogative to amend dates in the schedule of events described in Section I-3. PAGE 1 h RESPONSE DATE — BID OPENING IN ORDER TO BE CONSIDERED, SEALED PROPOSALS MUST ARRIVE AT THE CITY OF TIGARD, 12755 SW ASH AVENUE, PO BOX 23397, TIGARD, OREGON, 97223, NO LATER THAN 2:00 P.M. PACIFIC STANDARD TIME NOVEMBER 7, 1985. BIDS SHALL BE MARKED "BID FOR CITY OF TIGARD HIGH DENSITY FILE SYSTEMS". Bids will be opened at 2:00 P.M. on November 7, 19%5. Any vendor wishing to attend the opening may do so. Vendors mailing proposals should allow extra mail delivery time to insure timely receipt of their proposals by the City of Tigard. Proposals received after the specific time and date cannot be considered and will be returned to the vendor. The City cannot make exceptions to this rule. h6 VENDORS' PROPOSALS In order to be considered for selection, vendors must submit a complete response to this RFP. Each vendor shall submit descriptive literature and specifications of sufficient detail to determine acceptability with each bid proposal. This information shall be deemed a material part of the bid and lack of this information is considered justification for rejection of that bid. Bidders price shall include the total cost of delivery and installation. Vendors are responsible for insuring that proposals are complete and meet all specifications outlined within said RFP. Attached to the completed bid document shall be material noting specifically: (a) a diagram of the rail and decking proposed for the movable file system, (b) floor to rail height; (c) length of decking from floor to rail; and (d) specific height of movable and stationary file sections in both rooms. Vendors shall submit a brief written summary describing the vendor firm and high density file installation experience along with documentation of at least which have been successfully installed three manual systems of the kind bid, by the vendor within a 50 mile radius of the City of Tigard. The City of Tigard can require viewing of three manual system installations of the top three bidders prior to bid award. I=7 MULTIPLE OR VARIATION 810 PROPOSALS A vendor may submit more than one proposal. All proposals must be complete and comply with all instructions of this RFP. Vendors may submit variations on style or design. Information must be submitted complete and in a separate sealed package for each variation. Any variation shall be accompanied by a set of plans drawn to scale and describe the functional and technical features and capabilities of the proposed system. The number of filing inches shall be addressed in each and every bid proposal. I18 PROPOSAL PREPARATION simply and economically, providing a Proposals should be prepared straightforward, concise description of vendor capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of contant. The City of Tigard is not liable for any costs incurred by vendors in preparation and presentation of their proposals. 1=9 ACCEPTANCE OF PROPOSAL CONTENT Bids shall be valid for 90 days from date of opening. The contents of the proposal of the selected vendor will become contractual obligations, along with the final contract, if acquisition action ensues. Failure of the selected vendor to accept these obligations in a purchase order may result in cancellation of the award. PAGE 2 { I-10 CITY RESERVED RIGHTS The City of Tigard reserves the right, in its sole discretion, to do any of the following prior to execution of a contact: t 1. Reject any an all proposals received in response to this request, including any proposal/system which does not satisfy the functional file requirements. 2. Adapt all or any part of a proposal in selecting the optimum configuration. 3. waive or modify irregularities in proposals received after notification. I-11 PRIME VENDOR RESPONSIBILITIES The successful vendor will be required to assume responsibilities for delivery, installation, and maintenance of all equipment and support services offered in the proposal, whether or not it is the manufacturer or producer of them. Further, the City of Tigard will consider the vendor to be the sole point of contact with regard to contractual matters. I-12 FOREIGN VENDOR A foreign corporation is one who is not domiciled in or registered to &, business in the State of Oregon. Foreign corporations receiving City contracts exceeding $10,000 are required to promptly report to the Oregon Department of Revenue. The City will withhold final payment until this requirement has been accomplished. Foreign corporations receiving this City award shall, within 10 days after issuance of the purchase order by the City, register as a foreign corporation with the Oregon Department of Commerce Corporation Division. I-13 PERMITS, LICENSES AND CODE COMPLIANCE The Vendor shall make available upon request, all necessary permits, and licenses required by local, state or federal laws, at no expense to the City. All work of the vendor shall comply with the local and other governing ordinances, codes, and regulations, including all OSHA regulations and requirements, but this requirement does not relieve the Vendor of the responsibility for complying with specifications if the requirements exceed those of governing codes or regulations. No claim for additional payment will be approved for changes required to comply with codes, ordinances, and regulations in effect on the date of installation. I-14 PUBLIC RECORD This RFP and one copy of each original bid or proposal received in response to A, together with copies of all documents pertaining to the award of a purchase contract, shall be kept by the City of Tigard and made a part of a file or record which shall be open to public inspection. This record will be kept for the period of time required by the State of Oregon Archivist. I—lea CONTRACT DOCUMENTS The Contract Documents shall consist of a Purchase Order (issued by the City of Tigard), the Request For Proposals for Civic Center High Density File Systems, the Vendor's Executed Bid, and any, and all, Modifications issued after execution of the Contract. Any modifications or changes shall be issued i in writing by the City. To be adjudged responsive to this Request for Proposals, vendors must respond § to the RFP terms and conditions, by signing verbatim acceptance or by E including specific language for those provisions to which exception is taken. Failure to do so may disqualify a vendor from further consideration. PAGE 3 I—'.6 FORCE MAJEURE Neither party shall be responsible for delays or failures in performance caused by any acts of God, riots, acts of war, earthquakes or other disasters. t I-17 METHOD OF PAYMENT All payments otherwise due under this contract shall not be payable until 30 days after receipt of invoice from Vendor. These payment terms of the City will become effective only after an invoice is acceptable to the City. The ,T City will retain 10% of the initial contract amount until the system has been installed and in operation satisfactorily. I-18 FAILURE TO PERFORM In the event the Vendor has failed to perform any substantial obligation required by this agreement, and 30 days after written notice of failure to perform is provided to Vendor, the failure has not been cured, then the City may withhold all monies due and payable to Vendor, without penalty, until such failure to perform is cured or finally adjudicated. I-19 LOCATION The Tigard Civic Center project is located at 13125 SW Hall Boulevard, Tigard, Oregon. The Vendor shall be responsible for delivery and complete installation of file systems at the above location. I-20 COMPLETION OF WORK It is anticipated that construction of this facility will be completed by December 26, 1985. The City will monitor and regularly update and construction schedule and will inform Vendor of any changes in the delivery status. The City will give the Vendor a minimum of thirty (30) days written notice for delivery of file systems. Delivery and installation must be coordinated with the City. I-21 DELIVERY The Vendor shall deliver all furnishings to the jobsite with all transportation charges prepaid. The Vendor shall coordinate all deliveries with the City; no deliveries will be accepted without advance notice of the date and approximate time of arrival at the jobsite. All deliveries must be made between the hours of 8:00 AM and 3:00 PM. I-22 ACCESS TO JOBSITE The Vendor shall coordinate with the City and utilize only established thoroughfares. Trucks and/or trailers will not be permitted to travel on sidewalks or paths. All motor vehicles shall be confined to parking lot areas. In the event that damage to paved or other finished areas should occur, the Vendor who is responsible shall be held accountable for damages and shall be assessed accordingly. I-23 INSTALLATION RESPONSIBILITY Vendor shall be responsible for unpacking, uncrating, and installing the equipment and in all respects making the equipment ready for operational use. Flooring will be Vinyl Composite Tile upon a Concrete Slab. Installation shall be coordinated with City to allow installation of floor covering in conjunction with rail installation. Vendor shall accept the responsibility for cleanup of the installation area and the removal and disposal of all shipping cartons, packing material, and construction debris. This material shall be hauled by the Vendor off the job site at no expense to the City of Tigard. PAGE 4 s w Vendor shall provide a competent and qualified supervisor on the site during delivery and installation and available to coordinate vendor activities with the City of Tigard. Vendor shall be responsible to protect existing facilities against damage; restore existing finishes or construction damaged during the installation the file systems, using materials of same quality, size, texture and color so as to match adjacent existing work. I-24 GUARANTEE The Vendor shall provide equipment which will be in good working order and will perform to the Vendor's official published specifications, and the contract specifications. Further, the Vendor shall provide in writing to the City a statement that all products carry a guarantee against any and all defective materials and workmanship for a minimum period of one year from the date of acceptance by the City, or longer if so guaranteed by the manufacturer. The Vendor shall correct any and all defects in materials and/or worku-l�anship which may appear during the guarantee period by repairing or replacing new materials, if determined necessary by the City, all at no cost to the City, and to their satisfaction. Neither acceptance of the work nor payment therefor shall relieve Vendor from liability and/or warranties contained in or implied in this RFP. I1-25 INSURANCE Prior to starting work hereunder, Vendor, at Vendor's cost, shall secure and continue to carry during the term of this RFP. with an insurance company acceptable to the City, the following insurance: A, Public Liability and Property Damage insurance with limits of not less than $100,000 for injury to one person, $300.000 for injury to two or more persons in one occurrence, and $50,000 for damage to property. Such insurance shall cover all risks arising directly or indirectly out of Vendor's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions or endorsements naming City, its Officers, Employees, and Representatives as additional insureds' , provisions that such insurance is primary insurance with respect to the interests of the City and that, any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder; cross—liability or severability of interest clause; and provisions that such policies shall not be cancelled or its limits or liability reduced without thirty days prior notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of the City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be furnished to City. B. Workman's Compensation from the State Accident Insurance Fund or from a responsible private carrier. Private insurance shall provide the schedule of employee benefits required by law. I-26 AVAILABLE MAINTENANCE Maintenance shall be performed by factory trained and qualified maintenance personnel totally familiar with all of the equipment installed at City's site. The Vendor shall have contracts available for service contract negotiation after the system guarantee period of 1 year. PAGE 5 I-27 TERMS AND CONDITIONS These terms and conditions shall supplement those set forth by the City of Tigard Local Contract Review Board Rules. II - HIGH DENSITY FILE SYSTEM SPECIFICATIONS Bid Alternative #1 - Vault Room File System Operational and functional capabilities for movable system parts are to be equivalent to Spacesaver S/2-M equipment specifications (Page 11) and shelving units shall be equivalent to Wilson Record Mate specifications (Page 12). These specifications are to indicate design and quality desired and are not intended to restrict the bidding to one manufacturer or dealer. Located Mt the new Civic center Building, 13125 SW Hali Blvd. , Tigard, Oregon, the File System shall be bid as indicated on the design layout (Rage 10) . This includes 12" shelving in 016" manually operated movable shelving units on either side of the door area and stationary 12 shelving unit to the right of the door 016" in length. Along the back wall stationary 12" shelving units to fill a 249" wide finished room area. Rail strength shall be of minimum tensile strength of 70,000 PSI with a 50,000 PSI yield strength. 12" shelving on right side of room (to the right of door) shall have extension bumpers and 15" and 30" face panels, as appropriate, to allow for legal size filing. race panels shall be 12" and 24" to the left of the door. Face panels shall be high pressure laminate finish with finished edge. Colors of shelving units and face panels will be selected after bid award. Include card holders. Rails will extend from the 12" stationary shelving at the back of the room to the front wall on both sides of the door. This will require stabilization of the 12" stationary shelving unit to the right side of the door. Vendor_ must guarantee a starting effort force of 1/2 of 1% for movable carriages and state weight of the empty movable carriage and shelves. Each movable shelving unit shall have beaded post uprights in front with closed sides and back and shall consist of seven open and adjustable shelves. Each stationary shelving unit shall have beaded post uprights in front with closed sides and back. The stationery shelving to the back of the room shall consist of eight open and adjustable shelves with the stationery shelving to the front of the room (to the right of the door) shall be seven open and adjustable shelves. Steel upright posts shall be at least 13 gauge steel with the shelves being at least l0 gauge steel. There is a total room height limit of 90". Each shelf shall have one shelf divider each. Shelving height and shelf dividers with the widest range of adjustability are desirable. Sid Alternative n - Records Room File_ System Operational and functional capabilities for shelving units shall be equivalent to Wilson Record Mate specifications (Page 12). These specifications are to indicate design and quality desired and are not intended to restrict the bidding to one manufacturer or dealer. PAGE 6 E Located at the new Civic Center Building, 13125 Sw Hall Blvd., Tigard, Oregon, the File System shall be bid as indicated on the design layout attached. This includes 8 stationary, 12" shelving units in 48" lengths. Each stationary shelving unit shall have beaded past uprights in front with closed sides and back and shall consist of seven open and adjustable shelves with canopy covers. Steel upright posts shall be at least 13 gauge steel with the shelves being at least 18 gauge steel. There is a total room height limit of 80". Colors of shelving units will be selected after bid award. Include card holders. Each shelf shall have two shelf dividers each. Shelving height and shelf dividers with the widest range of adjustability are desirable. Bid Alternative #3 — Vault And Records Room File System$ Combination of aid alternative N1 and lit if purchased/installed at the same time, i PAGE 7 III BID SUBMITTAL FORM We hereby certify that we have read the Request for Proposals for Movable File Systems for the City of Tigard dated October 17, 1485. The person signing this contract on behalf of the Vending Company has been properly authorized and empowered to enter into this contract, The party further acknowledges that he has read this RFP agreement, understands it, and agrees to be bound by it, We further submit the following bid for a turn-key installation of 'high density file systems for the City of Tigard. Bid Alternative N1 - Vault Room File System $ Total File Inch Capacity - Bid Alternative #2 - Records Room File System $ Total File Inch Capacity - SUB ALTERNATIVE #2.1 8 sliding reference shelves $ Bid Alternative #3 - Vault And Records Room File Systems $ Total File Inch Capacity - SUB ALTERNATIVE #2.1 8 sliding reference shelves $ Undersigned agrees to terms and conditions set for the in Request for Proposals for Movable File Systems for the City of Tigard dated October 17, 1985, and submits the above bid which meets all bid specifications outlined in the RFP, except as noted below. E — Submitted By: Signature(s) Firm Address Date Signed z Telephone Number NOTE: Other designs may be submitted. See Section I-7 for Variation Bid Filing Requirements. PAGE 0 IV - DECISION MATRIX This matrix is not meant to be absolute. It is a guideline to indicate customer priorities and help vendors design their systems. Vendor selection will be based on the best overall proposal received, taking into account total cost, total file capacity, system features, ease of operation, safety, vendor _ reliability, vendor based maintenance, and system flexibility and adaptability. III-1 PRICE 30 points total III-2 SYSTEM FEATURES 20 points total III-3 VENDOR RELIABILITY 25 points total III-4 VENDOR BASED MAINTENANCE 24 points total III-5 SYSTEM FLEXIBILITY/ADAPTABILITY 5 points total _ =s: 9: < .. PAGE +l �,�tti V - DRAWING OF PROPOSAL • I ����..�J? 4 •mac--�. --� i . n � - ` -.I- CY,r / O � Q � 0 N 40 I I c- c- PAGE 10 t I Militia I fen r 301e 1 / 6.41 Its* ti,le•� 2.304'OIA WHEEL IS'OPTIONAL CONSULT FACTORY) 0 .„ EXECUTION installation: Ing 0 units in accordance with n4niltactU/011 s written fnstruci>Ons An tracks 10 be leveled aha All gaps between floor and track 10 be leled Win Qu1Ck Setting Cement 10lolm a s1)14 bAW N11raCkS 10 be$Kufed 10 Sub t1o(e Chan Up: Leave installation in sawn ceal9 condition COOVIefe and featly for use by owner PRODUCTS Track: Guide?rack Cola 1Pksn Iola hex steel bar positioned in a rkalwet NOV40 spacers at both sides of wteet be was to 606376 atumoum exuuslon ewifnale a"ftk:tion between wheels and cartage Load track One•pleee low Profile track of 1035 cad drawn _lata nary Platform: GENERAL stag' %"was and with a base huge of 2%" Filled uruts at ends of assemares as shown on the drawings to Waite: Raised Floor: be of sante Cwistruciton and het"as catr4yes only anchored f Wnlsb labor mormiils.spylpngld.SPKlaa WS.Supervisiai Novae a raised.V,$tluctufwood l unllmshm -see Reused to the fall for a compete hontowitious systr111 and uHmm. rogwsd to cornple(e"Spacesaverisl"sPw;dwd Work by Otto S1 dock between Packs to false 111115hed 11101 Foe!Panels: harem and iH011in on tM dlawinps Material to In"fil Of IIKk PfOi de a ramp d the Sent Ata exposed ends and exposed D•iCYS(refer 10 dnawing5l 10 nave Re►pomibiNty. mart at al Item i a the laic s ltd t0 ousheend pass till h esstxe taf tale t0 be 050IfKk)o"S fCO101 as HON d the units:rno the Irisin access aisle FxMslsed fio0r Rig to SIHAI be the responsibility d each bidder 10 OeCOme tdty mater W 10 be Ru511 wait fop Of track selected by uCMItCt from manufacturer s stanwrds I Cat fY' informed as b the nature ate extent a the work IeQwred and sS -45 tp density Worts board Edges to ra black Plastic'T fault"10 any dh at work in the tMaltling Or Substitute: Prowee card holders and ax dtler necessary hildware Palsied Work By Otiyars: Tracks 10 be rKCSSOd 61113 111001 50 trial top Of track is level lor lm finished Material complete tr»taeatah f nisi e t hoof"arkm(rel any)well be in accordance with the wOr Substitute Fare Panels: foam finish sche"and/or spKnccatem Certlapi: I�taaliflral#oees: Carnape h to constst d spatial afumfwm extrusions d 6051•T6 All exposed Inds and exposed backs Itelef t0 alawiffgSl 10 have the Spnasalrwls)sods Os IWMSh1s0 ata in3lalkb Dray by it1054 with main supponatg structural Sathoris with 5/9"high law pnesswe laminate panels(CLOW as SeWled by aichifeci afore in the m4mulacture fit it.3 type of owprront Id relama q Range running the hal*(10th d the CAnuip Pam manufacturer x slarlaaraSl core St"-1510 aefiLty A second alu enum section d 606 5 T6 May n posit Dred and tia7lGle board togas to be sack Rustic'1 moa+ng "IN40 Ria last Awe 15)VWS-yhe anwAr Sytsbm sale be warranted by warted between the main suppoA Seaxans CarrtaV a be a one handles.vara 1lolders and ss anal necessity hudware fa a low turM apatnit detective pans and/or workmufsfxil piece welded mernber tapable of suapdr"a aaxnelxxn bad of comipiets installation W a period Of ON 11)its tram CAW 8=00A ice 1000 ft.per carrlape WVh nod Shelvin¢: sabrMtials: See separale Data Sheets Fuinshshop.so"and erection drawinps•munutadtoof*s Wheals: W~Mlpaldlen onvur,l ,and cola cards.draft alta AR wAeefs are to be$gapped with two 12)permalentty shx!aed etlpx rsrrwad for,color selections by arChftd oauwq asswroies.LM1ed to be Hardened M"Mw"d?fit" I so-wool Your Area C0(l1faCi0f IS. f , Spa��� Spacesswor Corporatlon,1450 Janesville Ave.,Ft.Atkinson,WI 33.538,t41q 563.5346•TWX 910-260.3730 ! Spacesseer Mobile Storage Systems Corp011`8110n,7027 Ftr Tree Drive,Mississauga.Ontario,L5S i.17 Canada,(416)6714M1 2 r f'wlMlohl .less by spme"er Coltwadon-AR flume retierved Ru+i..1 at U 1 A V •�—�� './.•.••.I.r htt.vl ixNl.N 11`,15111-iN•./h• 4:.? Me.Y heli!.?✓t A K:-,IMI 4 4.11--WN..I 4,43x,711—1 f,:Mlblt.wi f'••IINt11 1 it, n:sa•uNI f.I to F3M x —011 RECO D MATE records a less active and archival 1� records requires..helv:�g which is not only rugged and durable but also Teconomical.Record Mate combinesq rL�L AG UNITS quality construction, strength, and ease of use for truly cost effective long-term records storage. �`' ^'�^---�---•.. —� •Record Mate is available in two basic forms:open units for transfer boxes,or dosed units for folder and document storage. `I •Open units have four offset angle posts per section for complete independence of individual units;closed units have beaded post at front corners to give clear access to full shelf width. • 13-gauge steel posts and 18-gauge steel shelves provide greater strength and durability;lighter duty 20-gauge shelves are also available. i •Wilson's single-clip design simplifies }+ assembly and allows easy repositioning, i of all shelves. Shelves are adjustable in 1"increments and are punched to accept div44ers. Standard Dimensions: Heights: 7 shelves 75' s shelves 87' 9 shelves 99" Widths: 36, 42', 48" Depths: 12", 15", 24", 30" A complete selection of accessories allows units to For more information,please contact: be configured for any record storage requirement. i. Full Height Divider Sliding Reference Shelf Card Holder \/V CI" M6TAt PrtQOtJf:TO Partial Height Divider ! Base Plate ANDREW WILSON COMPANY 616 Essex Street t Lawrence,Massachusetts 81842 Tel.(617)683-2403 MEMORANDUM F CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council October 12, 1985 FROM: Doreen Wilson, Recorder SUBJECT: 10/14/85 Consent Agenda The attached resolution is the amended draft from your action taken at the October 12, 1985 workshop. Please use this resolution for your action in item number 18.5. lw/3302A k r k F f = i : Section 4. PUBLIC INFORMATION. All citizen requests for information shall be treated alike as a high priority item consistent with City resources. Staff ( shall respond to citizen requests in a uniform and timely fashion per the provisions of State Law and City procedure. Section 5. COUNCIL AGENDAS. The Council agenda shall be set by the Mayor assisted by the City Administrator and City Recorder. Once set, the agenda may be amended by Council motion. Official communications or requests for an item to be discussed by the Council are to be set for an agenda. Councilors will suggest or refer agenda items to the Mayor or City Administrator so a staff report can be prepared prior to Council consideration. Agenda "cut--off dates" are 10 days prior to the meeting unless .oth rwise set by Council motion. �►er Cvy-c.Jk�St -LF'cb►it Last minute "add ons" to the agenda4are discouraged, but may occur by Council motion. Council, staff and public are all encouraged to identify their concerns to the Mayor or Administrator before a council meeting so the matter can be set on an agenda. Section 6. ENFORCEMENT. Council, staff and public are expected to conduct themselves according to this policy and administration resolution. Public conduct shall be governed by the chair and may include physical removal from a meeting. Staff conduct shall be governed by administrative rule and disciplinary procedure. Council conduct shall be governed as follows: a.) All violations !ay councilors of the policy and administration rules must be reported to the Mayor, or if the violator should be the Mayor, the violation shall be reported to, and handled by, the President of the Council who shall proceed according to the provisions of this resolution; b.) A first violation shall result in a private review of the rules and intent between the Mayor and offending councilor; c.) A second violation shall be reported to the Council at a public meeting, and may result in public censure; d.) A third violation shall be reported to Council at a public meeting, and after review and findings, may result in public censure, loss of city paid meeting allowances or city paid benefits. Section 77. RIGHTS AND RESPONSIBILITIES. The City policy and administration process is intended to provide fair, open, efficient and effective city government to the Tigard community. Respect for conflicting view points, courtesy between all parties and timely decisions are all essential to the process. The Council, staff and public must all abide by their mutual rights and responsibilities if the community interest is be best be served. PASSED: This day of Mayor - City of Tigard ATTEST: Deputy City Recorder — City of Tigard Resolution No. 85- Page 2 MEMORANDUM • t,r CITY OF TIGARD, OREGON TO: Mayor John E. Cook I October 3, 1985 FROM: Councilor Phillip Edin J2/cit/ SUBJECT: Resolution Regarding "Policy and Administrative Rules." At our August workshop at Bergmann's, you requested me to prepare az resolution outlining rules of conduct for the public, staff and councilors. Attached is the requested document. While it may be scheduled for our October 14th council meeting, it seems appropriate to be discussed at our October 12th council workshop. I will leave it to your judgement as to when this item should be scheduled. (PE/dc:1014p) z i n .. CITY OF TIGARD, OREGON f RESOLUTION NO. 85-_Ia t A RESOLUTION OF THE TIGARD CITY COUNCIL ESTABLISHING POLICY AND ADMINISTRATION PROCESS RULES. WHEREAS, the City Charter states that: "Except as this charter provides otherwise, all powers of the City shall be vested in the council"; and WHEREAS, City Charter and Code also provide: for other officers and appointed officials of the City to carry out the administration of the Council policy "as the Council deems necessary"; and further, that the office of City Administrator was established to be "the chief administrative officer of the city, and as such shall be chosen solely on the basis of administrative qualifications and experience, without regard to political consideration"; and WHEREAS, an informed public is essential in assisting the council. and administrator as they carry out their duties in serving the public; and, further, whereas ORS 192.420-440 provides for the "inspection of public records" during "usual business hours" without "interference with the regular discharge" of duties; and WHEREAS, the Council. Administrator and public desire City policies and programs that are fair, efficient, effective, productive, timely ,and courteous; but, whereas these common goals are sometimes in conflict and functions unclear; and WHEREAS, the Council finding that there is a need to review and clarify the City's policy and administration process, and to establish rules to carry out Council intent. NOW, THEREFORE BE IT RESOLVED by the Tigard City Council: Section 1. POLICY AND ADMINISTRATION. The following rules for the conduct of City policy and administration are hereby adopted. The City Council hereby restates its intent that Council shall set the policy, direction and goals for the City and that the City Administrator shall be responsible and accountable to the Council as a whole for implementing policy and,4joals per Council direction. Section 2. COUNCIL-ADMINISTRft OR. The Council agrees to direct its concerns and communications to the admini.etration through the City Administrator, giving as much information as possible tw'ensure a thorough response. The Council agrees to the principle of non-interference in the administration as necessary to the orderly and efficient implementation of Council policy. Councilors are encouraged to maintain open and candid communication with the City Administrator, both as a group and individually in one n-one meetings. Requests for legislative consideration may be initiated by any Oidividual Council member and will be responded to by the City Administrator coq�istent with resources and priorities, or referred by the City Administrator t(} the Council as a whole for consideration. Section 3. COUNCIL-STAFF. If the City Administrator should be unavailable, councilors are to contact the affected department head, who will later discuss the concern with the City Administrator. Councilors will not contact staff below the department head level as this disrupts work, confuses priorities and leads to incomplete responses. To assure a timely and complete response of the highest priority, staff shall refer all Council inquiries immediately to the department head or City Administrator. Resolution No. 85- Page 1 a Section 4. PUBLIC INFORMATION. All citizen requests for information shall be treated alike as a high priority item consistent with City resources. Staff shall respond to citizen requests in a uniform and timely fashion per the provisions of State Law and City procedure. Section 5. COUNCIL AGENDAS. The Council agenda shall. be set by the Mayor assisted by the City Administrator and City Recorder. Once set, the agenda may be amended by Council motion. Official communications or requests for an item to be discussed by the Council are to be set for an agenda. Councilors will suggest or refer agenda items to the Mayor or City Administrator so a staff report can be prepared prior to Council consideration. Agenda "cut-off dates" are 10 days prior to the meeting unless other-wise set by Council motion. Last minute "add ons" to the agenda are discouraged, but may occur by Council motion. Council, staff and public are all encouraged to identify their concerns to the Mayor or Administrator before a council meeting so the matter can be set on an agenda. Section b. ENFORCEMENT. Council, staff and public are expected to conduct themselves according to this policy and administration resolution. Public conduct shall be governed by the chair and may include physical removal from a meeting. Staff conduct shall be governed by administrative rule and disciplinary procedure. Council conduct shall be governed as follows: a.) All violations by councilors of the policy and administration rules must be reported to the Mayor; b.) A first violation shall result in a private review of the rules and intent between the Mayor and offending councilor; C.) A second violation shall be reported to the Council at a public meeting, and may result in public censure; d.) A third violation shall be reported to Council at a public meeting, and after review and findings, may result in public censure, loss of city paid meeting allowances or city paid benefits. Section 7. RIGHTS AND RESPONSIBILITIES. The City policy and administration process is intended to provide fair, open, efficient and affective city government to the Tigard community. Respect for conflicting view points, courtesy between all parties and timely decisions are all essential to the process. The Council, staff and public must all abide by their mutual rights and responsibilities if the community interest is be best be served. PASSED: This day of 1985. Mayor - City of Tigard ATTEST: Deputy City Recorder - City of Tigard ^ Resolution No. 85- 79 Page_2 t c 8r MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council October 8, 1985 FROM: Bob Jean, City Administrator SUBJECT: Personnel Rules Update Goal Attached is my letter to LGPI regarding the Council's goal of updating City Personnel Rules. LGPI's basic work in this area should run about $3,000. The FLSA exempt classes should be done as a part of the Salary and Classification Study now in final stages prior to administrative implementation. An extra $400 is estimated to complete this work. The preliminary legal review coordinated through the City Attorney's office is estimated at $500. ;sinal legal review by the City Attorney is estimated at $500. The total project cost is estimated at $4,400. This falls within the $4,000-$5,000 estimate at the 9/30/85 Council Workshop. Please notice that this DOES NOT include any special consulting assistance in �._ the MERIT SYSTEM area only as that relates to Personnel Rules. Council decided that the merit system review goal would be by Council and staff during the course of the Personnel Rules work. We need to discuss our approach to merit system review at either the 11/4 or 11/13 Workshop. Likewise, Management and Professional staff compensation and employment rules will need specific review by Council in October and November at regular Council meetings. (BJ:pm/1029p) r JIM October 8, 1985 CITY OF TIS°"A RD WASHINGTON COUNTY,OREGON Ms. Colleen Hass LGPI PO Box 908 Salem, OR 97308 SUBJECT: Personnel Rules Review Dear Colleen: The council has outlined its desired approach to revision and adoption of the City's Personnel Rules. LGPI assistance is requested as follows: DATE TASK LGPI HOURS By 11/4 MARK-UP -- Individual mark up of existing 7 Personnel Rules, Draft Rules, TMEA and TPUA agreements by LGPI, Council, Labor Consultant and Staff... * NOTE: Preliminary simultaneous review by Attorney N/A re: Draft Rules and FLSA. Written comments by 11/4. 11/4/85 WORKSHOP -- LGPI facilitates Workshop discussion 5 5-10 PM and review of Draft Rules by Council and staff... City Hall Personnel Manual outline review: Personnel Rules, TMEA, TPOA and Management/Professional chapters... By 11/13/85 RESEARCH -- LGPI researches policies of other area 8 employers and alternate approaches to key issues Identified in 11/4 Workshop... 11/13/85 WORKSHOP -- LGPI facilitates Workshop with Council 5 6-18 PM and staff on key policy issues identified by City Hall Council review on 11/4... Council selects from policy options discussed... By 12/2/85 DRAFT -- LGP1 prepares Final Draft of Personnel 30 Rules and Management/Professional Chapter coordinated with TMEA and TPOA contracts... City provides Word Processing as needed... 12/2/85 REVIEW -- Final Draft ready for review by 8 staff and attorney on 12/2/85. Final Draft edited and ready for Council packet on 12/4/85 for Council meeting approval on 12/9/85. Unions review and comment from 12/10-12/30/85. 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639.4171 Colleen Hass October 8, 1985 Page 2 1/13/85 FINAL ADOPTION -- Council adopts final Personnel 2 Manual on 1/2U/85 after final review on 1/13/85. 2/85 EMPLOYEE HANDBOOK -- LGPI prepares handbook for 10 employees with message from City Administrator and Benefits Summary inserts. TOTAL: 75 hours x $40 $3,000 Please let Doris Hartig or me know as soon as possible if you feel this is doable. I know Council is now moving faster than our earlier schedule. As always, thank you for your cooperation and assistance. Sincerely, o eJean City ministrator RWJ:pm/1029p F.S. We need to review the Salad and Classification study along with our approach on the FLSA exempt position determinations before 10/16/85. CC: City Council ✓ Doris Hartig Tim Ramis t t l s 4 alpiff 1207 Court Street N.E. • P.O. Box 908 Sateen. Oregon 97308 Phone/5031 588-2257 TIGARD PROPOSED 19851986 WORKPLAN Hours Cost 1. FLS.A Survey Assistance 10 $ 400 Review of City' s proposal and rationale II. Customer Relations Training 400 Six hour workshop and materials III. Merit System (Managers and General) 100* 4 ,000 Meetings with management team: Reivew of current system along {' with those of other agencies t Council workshop: Discuss approaches, council philosophy Draft plan IV. Personnel Policies 75* 3,000 Interim personnel rules: Draft interim rules for critical a-reas Revised full personnel rules: Review current drafts, labor contracts, laws Coordinate with city attorney, labor consultant and personnel director Prepare handbook for employees * Open ended project with further work negotiable following completion of contract time. { - A Service of Association of Oregon Counties League of Oregon Cities _v CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY / T] ~ AGENDA OF: October 14, 1985 AGENDA ITEM M: / l DATE SUBMITTED: October 10, 1985 PREVIOUS ACTION: Partition Selection ISSUE/AGENDA TITLE: Approve Bid 5/20/85• Call for Bids 9/9/+'85 Award for City Hall Furnishings — PREPARED BY: Joy Martin t[ Partitions REQUESTED BY: DEPARTMENT HEAD OK: ______ CITY ADMINISTRATOR: _.— POLICY ISSUE Prior to agreeing to purchase the partitions for the City Hall portion of the Civic Center, Council must award the contract to the lowest responsible bidder and authorize staff to enter into a contract with the bidder according to the bid. INFORMATION SUMMARY We received five bids for the partition system as shown on the attached Bid Sheet under Lot #3. Upon initial evaluation one bid is rejected and the facts supporting the decision are attached as a memo to the Local Contract Review Board Chairman and Members. The lowest responsible bidder is Interior Office Systems at $26,332.00. Our estimate for the system was $25,000.00. ALTERNATIVES CONSIDERED 1. Award the contract to Interior Office Systems for $26,332.00. 2. Reject all bids and reopen with revised time lines to both the RAM system and Rose Johnson system. SUGGESTED ACTION A motion to award the bid for City hall Partitions to Interior Office Systems at $26,332.00. (1032p) cy, • � F .• 5 3 • v t' •f MEMORANDUM CITY OF TIGARD, OREGON l TO: Local Contract Review Board Chairman and Members Oct. 10, 1985 FROM: Joy Martin SUBJECT: Rejection of Individual Bid for City Hall Partitions Administrative Rule #30.100 Rejection of Individual Bids or Proposals states in subsection 2c as a reason for rejection, "The bid is not responsive, that is, it does not conform in all material respects to bid documents." Staff recommends rejecting Western Office Supplies bid for failure to meet the following bid requirements: 1, Substitutions allowed only if submitted prior to September 19, and approved. 2. Submit a complete set of bid documents showing addenda received and a signature. �- The bid document for the Furnishings had the following requirements (Section of RFP where referenced is given in parenthesis). 1. Sealed bid submitted prior to bid closing (Notice, Instructions to Bidders,) 2. Bid includes a certified check or bid bond for 5% of total bid (Instructions to Bidders), 3. Bid includes all items in the respective lot(s) which a bid is given (Instructions to Bidders), A. Substitutions allowable only if accepted according to General Conditions, Section 5 (Summary Bid Form, General Specifications for Furniture, see attached), 5. Acknowledge addenda received as shown by listing the two addenda and signing the Summary Bid Form (Summary Bid Form), 6. Signature showing intent to be bound (Summary Did Form), 7. Noncollusion Affidavit (separate form). Attached is a summary of these criteria with the responses by bidders. t Y: Menlo to Council October 10, 1985 f� Page 2 Western Office Supplies fails to meet the contract criteria on at least two items, i.e. failed to obtain prior approval for the substitution, and failure to submit the second page of the Summary Bid Form. In addition, at the May 20, 1985, City Council meeting, Council and the Civic Center Advisory Committee discussed two partition systems, the RAM system (metal framed) and the Rose Johnson system (wood framed). The decision was to purchase wood framed (see attached minutes). a e'er REQUEST FOR PROPOSALS CTTY OF TIGARD — FURNISHINGS GENERAL CONDITIONS Section 1. PRICING Prices quoted are to be firm and submitted by unit cost per item, with total price per lot as indicated on the Bidders Form. .Jobsite inspection is recommended relative to delivery and installation prior to the quotation because no additional charges will be allowed over and above that of this quotation is received. Prices are to be held firm for ninety (90) days after she quotation is received. Once the vendor has been awarded a Contract, prices are to be considered firm throughout the Contract period. Section 2. INTERPRETATION OF ESTIMATES The City may increase or decrease the amount of any item as deemed necessary or expedient. An increase or decrease in the quantity for any item should not affect an increase or decrease in the unit price. Section 3, INTERPRETATION OF SPECIFICATIONS Should any vendor be in doubt as to the intention and meaning of the Specifications, they may make inquiry to Ms. Joy Martin, Administrative Assistant, City of Tigard. The questions and answers may be communicated via telephone and confirmed in writing. Verbal answers will not be binding. It is further expressly stated should there be any conflict betwaen the terms of these specifications and the proposal of the vendor, these specifications shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. Section 4. FAMILIARIZATION WITH CONDITIONS The Contractor shall note that the final location for items is within build- ings which are currently under construction. The Contractor shall familiarize himself with prevailing labor market conditions and shall take all steps to avoid or settle labor disputes which may tend to delay or adversely affect the performance of the Contract. The Contractor shall acquaint himself with all available information regarding difficulties which may be encountered and the conditions under which the work must be accomplished under the Contract. The Contractor will not be relieved from assuming all responsibility for properly estimating the difficulties in calculating the cost of performing the services required herein because of his failure to investigate the conditions or to become acquainted with all information concerning the services to be performed, Section 5 SUBSTITUTION DID REQUIREMENTS The purpose of manufacturers' names and style numbers is to serve as a guide in the style, size and design of a product. (Please see General Specifications for Furniture) Contractors wishing to bid an alternate product to these Specifications are welcome to do so, but must provide if requested by the City, at no cost to the City samples of all products which they are submitting as alternates. These alternates must be received by Ms. Joy Martin, City of Tigard, at no lamer than September 19, 1985. Manufacturers' descriptive literature must accompany -9- Smith Enviro— Peters Interior Contract Sound Western Bros. netics Of.Sup. Of. Sup. Pacific Bus.Sys.Of.Prod. #1 #2 #3 #4 #5 06 #7 Ces yes 1. Sealed bid by closing yes yes yes y 2. Bid security yes yes yes yes yes 3. Total lot bid yes yes yes yes 3 4. Approved Substitutions none none none none 4 5. Addenda received # yes yes 1 yes * 5 6. Signature * yes yes yes yes no 7. Noncollusion * yes yes yes yes yes 8. Other 2 *Did not submit a bid for tot #3 - Partitions 1. No acknowledgment on Bid Summary that the addenda were received, however, the revised Bid Form sent in Addenda #1 was used. 2. Letter attached referring to liquidated damages clause stating "will do everything within our power to have furniture delivered according to move in date. . . will not accept responsibility for the manufacturers specified. . . will not be responsible for tha $75,00 for each and every calendar day beyond our control." 3. Not evaluated due to not an approved bid. 4. Bid RAMP Partitions, which had not been submitted for approval prior to bid opening. 5. Second page of Summary Bid Form not included. --``1032p 15. NON-AGENDA ITEMS 15.1 DOWNTOWN SURVEY FUNDING a. Councilor Scott expressed concern regarding the cost of the proposed downtown survey from the Economic Development Committee. b. Community Development Director reported the Committee will give approval on 5/21/85 for the survey and that it is a budgeted item. C. Consensus of Council was to support survey since it supports the Council goals and is in the budget. 15.2 SUMMER CREEK EASEMENT - Tigard School District. a. Motion by Councilor Edin, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. n t 15. CIVIC CENTER PROJECT - APPARENT LOW BID REVIEW, CIVIC CENTER ADVISORY COMMITTEE MEETING AND INTERIORS ARCHITECT'S REPORT a. Civic Center Advisory Committee Present: Chairperson, Valerie Johnson; Members: Carolyn Eadon, Dennis Derby 6 Susan Mueller. b. Mary Spies, Lee Loveland Interior Designers, presented Civic Center interiors report noting color schemes, and texture and .� design use. After discussion lengthy discussion the following items were approved by Council: o Purchase wood framed open plan systems instead of metal framed. o Stay with mauve/cranberry/red tones throughout City Hall. o Budget $40/chair for the Town Hall area. City Administrator to report back with further details. C. City Administrator discussed the bids received noting the apparent low bidder was within 2% of the Architect's estimate. He stated there are four financial alternatives available to Council which might be used instead of, or in conjunction with, the Deductive Alternates to keep the Budget in balance and fund a project contingency as recommended by the Committee. 1. Release $98.000 held in the Bond Debt Fund. The voters authorized the City to sell a $2.2 million bond to be repaid by the Bond Debt Fund from taxes over the next 20 years. That bond was sold and the first payment due before the taxes levied in July. 1984 could be received in November, 1984 adequate to make the bond payment. A temporary withholding of $98.000 was used to make the payment. The Committee then began its efforts with $2.1 million instead of the $2.2 million the voters authorized. This caused other displacements and shifts in the form of interfund loans and General Fund costs. I checked with the Budget Committee Chairman and those Council members at last year's Budget Committee meetings and they all remembered the withholding as a TEMPORARY action. If so, $98.000 can now be released from the Bond Debt Page 5 - COUNCIL MINUTES - MAY 20, 1985 MEMORANDUM CITY OF TIGARD, OREGON T0: Honorable Mayor and City Council October 1.0, 1985 FROM: Loreen Wilson, Recorder 0-�—J SUBJECT: Revised Council Calendar Pursuant to Council direction given on 9/30/85, the following revised calendar has been prepared for your approval. All meetings are at Fowler Junior High, 7:00 PM unless otherwise indicated: 10/19 Saturday Mayor's Pancake Breakfast 10/21 Monday Regular Meeting — Study Agenda 10/23 Wednesday Special Meeting — Executive Session/6-10 PM/City Hall 10/28 Monday Regular Meeting — Business Agenda 1114 Monday Regular Meeting — Executive Session/6--10 PM/City Hall 11/6 Wednesday Budget Committee Workshop/7 PM/'Durham Plant Offices 11/9-12 League of Oregon Cities Conference, Portland Red lion t 11/11 Monday Cancell Regular Business Meeting ` 11/13 Wednesday Special Meeting — Executive Session/6-10 PM/City Hall , 11/18 Monday Regular Meeting — Business & Study Agenda 11/25 Monday Regular Meeting — Business Agenda 12/2 Monday Regular- Meeting — Business Agenda 12/7-11 National League of Cities Congress, Seattle 12/9 Monday Regular Meeting — Study Agenda 12/16 Monday Regular Meeting — Business Agenda 1/6 Monday Regular Meeting — Study Agenda Town Hail Workshop lw/3302A CC: Executive Staff t 1� CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY {{ AGENDA OF: October 14 1985 AGENDA ITEM t DATE SUBMITTED: September 30, 1985 PREVIOUS ACTION: Accepted Project Compliance Agreement & Performance Bond ISSUE/AGENDA TITLE: Shadow Hills II On Shadow Hills II (Letter of Commitment) Partial Bond PREPARED BY: Engineering Division Release REQUESTED BY: John Hagman "- DEPARTMENT HEAD OK: CITY ADMINISTRATOR: _ POLICY ISSUE INFORMATION SUMMARY 1) Tt,e project is located west of Pacific Highway and north of S.W. Bull Mt. Road. 2) Construction has progressed satisfactorily and, subsequently, the developer Blazer Homes, Inc. has requested release of installation guarantee monies for that portion of the work which is complete. 3) Staff has reviewed the request and hereby recommends that the Council authorize release of the amount(s) detailed in the attached summary. - ALTERNATIVES CONSIDERED SUGGESTED ACTION Authorize the Mayor and City Recorder to execute a letter in behalf of the City, providing for a partial release of installation guarantee monies for Shadow Hills II, in the amount of Ninety--two thousand six hundred sixty—four # dollars ($92,664.00). (1944P) i t j C. a CITYO F UVA October 1, 1985 CC��,OREGON PD WASHINGTON Rlazer Homes, Inc. P.O. Box 23332 Tigard, OR 97223 Attention: Mr. Dennis Derby Reference: (Letter oflCommitment Partial Release) Dear Mr. Derby: five In the matter of the One hundred eighty-one thousand, four hundred thirty- dollars ($181,435.00) Letter of Commitment betweer. Columbia., this FederalSavings serve Bank and the City of Tigard, Oregon, and Blazer Homes, ank to as official notice to allow said Columbiadepo sit leSavings B to said release Columbia Blazer Homes, Inc., a portion of Federal Savings Bank= to be released is Ninety-twa thousand six hundred The amount hereby authorized sixty-four dollars (92,664.00). ed to Columb Federal Savings The amount to remain entrustallremainingrequirements of said performance bond to assure the City beEighty-eightthousand seven hundred Subdivision are completed, seventy-one dollars ($88,771.00). This notice shall not be construed to nullify or alter the terms of the aforesaid Letter of Commitment in any way; it is merely an authorization to release a portion of the entrusted monies. City of Tigard, Oregon Y By: �P",.`J City Recorder (JSH:br/1945P) 1J� L_ 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 SUMMARY RE: Shadow Hills I Subdivision; Performance Bond Reduction Request # 1 LETTER OF CREDIT (BOND) REQUIRED HOLDBACK RELEASABLE ITEM AMOUNT MAINTENANCE* INCOMPLETE ITEM COMPLETE ITEM Site Prep/Grading $ 20,275 $ 4,055 $ - $16,220 Conc. Curb $ 9,680 $ 1,936 $ - $ 7,744 Street $ 24,360 $ 4,872 $ $19,488 San. Sewer $ 41,596 $ 8,319 $ - $33.277 Storm Sewer $ 25,065 $ 5,013 $20,052 $ --- Water Line $ 19,919 $ 3,984 $ - $15,935 Gas Line $N.C. $ - $ - $ U.G. Tel/Elect. $ 3,000 $ 600 $ 2,400 $ --- Walks/Aprons $ 22,000 $ 4,400 $17,600 $ --- A.C. Overlay $ 8,640 $ 1,728 $ 6,912 $ --- Lighting $ 6,900 $ 1,380 $ 5,520 $ -- Misc. $ N.A. $ - $ - $ TOTALS $181,435 $ 36,287 $52,484 $92,644 *Required witholding for one year guarantee period asurance. (JSH:br/1944P) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October lA 1985 AGENDA ITEM DATE SUBMITTED: September 30, 1985 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Acceptance of f Street Non—Remonstrance Agreement PREPARED BY: Randy Clarno REQUESTED BY: Community Development DEPARTMENT HEAD OK- �� CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Pat Sigler is developing property on the east side of S.W. Hall Blvd. just south of S.W. Hunziker. The State Highway Department is requesting non—remonstrance agreement in leiu of street improvements because of topography and street alignment problems in the area. The City Engineering Division agrees with this evaluation and supports the State's recommendation. ALTERNATIVES CONSIDERED SUGGESTED ACTION The Engineering Division recommends that Council accept this streQt non--remonstrance agreement and authorize its' recording. (RSC:br/1936P) INDIVIDUAL - GENERAL PARTNERSHIP CONSENT COVENANT (NONREMONSTRANCB AGREEMENT) Street Improvements The undersigned owners (including purchasers) of the real property described below do hereby record their consent to the formation of a local improvement district by the City of Tigard for the purposes of improving the public street or streets upon which thedescribed property abuts. The under.rlgned expressly waive all present and future rights to oppose or remonstrate against the formation of a local improvement district for the improvement of the abutting street or streets, reserving only the right to contest the inclusion of particular cost items in the improvement district proceeding and any right they may have under the laws of the State of Oregon to contest the proposed assessment formula. 'See Exhibit B, attached hereto and by this reference fully incorporated herein. The real property that is the subject of this consent covenant is described as follows; SEE ATTACHED EXHIBIT "A" IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his (her) (their) hand(s) and seal(s) this :)4_ day of _.L' «r 19 ill". . (SEAL) {SEAL) _ (SEAL) STATE OF OREGONSa ) County of.l&c - BE IT REMEMBERED, Chat on this _ day of ti before me, the undersigned Notary Public in and f , Std�f�Oregon. personally appeared the within-named ��wZ-�-•-�t 7C ` who is (sre5 known to me to be the identical individual(a) described in and who executed the within instrument and acknowledged to me that he (she) (they) executed the same freely and voluntarily. IN TESJ`?lONY WHEREOF, I haav�ereunto set my hand and seal this Iday of C C.e. e Noc'ar�lic for Oregoi (NOTARIAL SEAL) My Commission Expires% OLI` C, Approve•i as to form this _ — day of C' By; C) y Attorn y - ty of Tigard req of SF �fy 7 /' . 19�. Apprnvod ng to legal descriptinn this /` day �__ BY: t.ttytwee i�111.141z. Approved this /qjl 1( day of --OUNGIG SOF TICARD. OREGON By: City Recorder City of Tigar (0z0es) 4._ EXHIBIT "A" Beginning at the Northwest corner of the W.W. Graham Donation Land Claim in Section 1, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon; thence South 430 23' West 986.1 feet to an iron bar at an angle point in State Highway No. 217 (formerly County Road No. 227) which is the true point of beginning of the tract herein described; thence South 600 59' East 105.64 feet to a pipe; thence North 290 01' East 100 feet to a pipe; thence North 600 59' West 162.28 feet to the center of County Road No. 227; thence South 00 30' East along the center of said highway to the true point of beginning. EXCEPTING THEREFROM that parcel of land conveyed by Wallace G. Powell and Pearl E. Powell to the State of Oregon by Warranty Deed recorded September 25, 1958 in Book 409, page 503, of the Deed Records of Washington County, Oregon. (RC:pm/1914P) EXHIBIT B However, the undersigned owners, by signing this Consent Covenant, expressly reserve the right to object and/or seek com- pensation from the appropriate governmental agency if said govern- ment agency attempts to dedicate or use a portion of the undersigned owners' property for public use, -1- at IVVLL NLKCJ VLVn 4! s6o•z4'E zsl.l — 12: • 60 N 600 23 434.16 40 M.W. CORK • O/:///1/ /T////!yJ ./%%// 30I W...GR N/ 5%O� 400 z O.L G. NI 600 a • ' Z.O9Ac. v. • i %ss0 ,o¢R • 1. 4889 7002 u t 4 \ ; (C.S•iro.12025) t Y.2T 567.1 YAC/QEQ S.W. • .E 4�9 #167o13•ly vLL 1 270.rr • gam- 13T.2T 160 61 Ir v r ' 500 1400 �� «40 $ 1500 f>� 3' z3f.gi �� 1 .. !g j'► {F.�` I�.7`5AC. --7 Ch 1300 v s$a.13.E rattzr ' 900 tC.s.NW0531 1600 a 4 8 r" I_n •r. 1 INITIAL i a �� I� TIGAROIA TERR H r r ,�- `j --J _ AP ' 2AA 17+00 \ r:f.4 1100 as+ � $ 1 �lr �lr� w IQoo 1200 _ �.w • fw N 5 w 6 as s$r�l$'[ 133.16 M ' a6 M 6 a • 1800 64 i. 1801 $0.16 l �. 1900 , f$63 a �1 ("' 201 • 043 9s7 f0 ; 1•+ 4 T Z '166p`' 163 4 .i q (+ 10 4943 so w 63 • N N 11 •! \ter,•(' 93 -''"� r,s « 1 w 2200 $0039, f�3 CQ fp F = 3.22Ac ro a.Ho..3q 23j s S UC 1 31 goo 3 v7`s�JS�J RST `— 1 /Lt; �E y` ���• 700 tc+eat?r.c. 23Ac. r e7 860. •• r7 r� 2401 E MAP c 5.09AC. 1 ?-AD /�;q s`0 39[ ! a~ °E 6s r� � r2c fa MEMORANDUM 1 CITY OF TIGARD, OREGON TO; Honorable Mayor and City Council October 10, 1985 FROM: Donna Corbet, Executive Secretary otic- SUBJECT: NOVEMBER NEWSLETTER ROUGH DRAFT Attached please find the rough draft of the November Newsletter. Plober �easeIcheck the content and return any comments to me by Wednesday, you have any questions, or I may be of assistance, please let me know. R NOVEMBER ELECTION ISSUES AFFECTING CITY Two issues on the November 5, 1985 ballot will affect you. The City Charter housekeeping amendments and the City-County road improvements bond questions will be decided by the voters. CITY CHARTER AMENDMENTS The City Charter is the basic document which govern all City actions --- our local Constitution, The City Attorney recommended several clean-up or housekeeping changes to our Charter. These amendments are intended to clarify sections of the Charter which either conflict with State Law or whose meaning is confusing. The following questions have been referred to the voters by a unanimous vote of the City Council: #51: SHALL SECTION 7 OF THE CITY CHARTER BE AMENDED TO LIMIT TERMS OF OFF!"E FOR MAYOR AND COUNCIL? #52.: SliALL THE CHARTER BE AMENDED TO ESTABLISH A FINANCE OFFICER AND SPECIFY THE DUTIES OF FINANCE OFFICER AND CITY RECORDER? #53: SHALL THE CHARTER BE AMENDED TO ALLOW MEETING NOTICE ACCORDING TO STATE LAW? #54: SHALL THE CHARTER BE AMENDED TO PROVIDE THAT AN ABSTENTION WILL NOT BE COUNTED AS A "NO" VOTE? #55: SHALL SECTIONS 20 AND 35 OF THE CHARTER BE AMENDED REGARDING ORDINANCE SIGNING? #56: SHALL SECTIONS 23-27 OF THE CHARTER BE AMENDED TO REQUIRE ELECTION PROCEDURES TO FOLLOW STATE LAW? #57: SHALL SECTION 35 (2) AND (3) OF THE CITY CHARTER BE CHANGED REGARDING ORDINANCE NOTICE REQUIREMENTS? #58: SHALL THE CITY DEBT LIMIT BE CONTROLLED BY STATE LAW? r ; E ` WHAT'S A M.S.T.I.P. BOND? p, Band is a improve cities Projects (M'S.T.I. ) The Transportation Imp ton County• The Major' Streets Trang and the cities of Washington referred for effort of Washington County ton County joint all the cities in Washing roved maintenance Bond has been endorsed by Commission. Like the voter app voter approval by the County s ago, the Bond is valso for��a road construction and widening ley a few year g not just mainten of existing road sections. Bond are: Projects it, the Tigard are included in the M.S.T.I.P. o Schails Ferry Road (Murray to 217) U Greenburg Road (99W at GreeDubh m)to 93W) O Nall Boulevard Bike Lane Durham Road (3 lanes 99W to I-5) a o Bull Mountain Road at ToWrelievee99WotrafPic) o Western Bypass Study ( roved, an a Band would be for $79.5 mill-nn County--Wide- If the Bond is approved* The n Fede, - funds would become stea would be 081f per additional $27.2 million estimated average annual tax life of the Bond, thousand of assessed value- Amendments, contact Deputy City tion on City Questions on the bond should Wilson For further informs Charter 639-4171. Recorder r' county, ty a11,8761. be to Washington (1028p) i r_. ,- VOLUNTEER-0F—THE—YEAR At the Volunteerism Awards and Recognition Day, Mayor John Cook announced that Howard Williams, Howard's on Scholls, was the City's Volunteer—of—the—Year. Formal presentation of the award was made at the October 14, 1985 City Council meeting. Mr. Williams was selected from the many volunteers throughout the community. FANNC CREEK PARK OPENED Nature trails, as part of the Fanno Creek bikepath system from the Tualatin River to Beaverton, have now been paved in the Downtown Fanno Creek Park area, Finishing touches in the park will be completed this Spring. Park access is still somewhat limited except to pedestrians. Park access will be available this Winter from the Civic Center site. (1028p) _: CABLE TV The Metropolitan Area Cable Commission (MACC) has anchise concluded renegotiation of Cable communications nourTV service agreement wit Storer in Federal Law necessitated he area. Changes heCity t the renegotiations. Of squality service at fair renegotiations, During Tigard held is 3 key eoncerns: 1) q prices, 2) community access programming, and 3) enforceability of the new franchise agreement. Local programs °n Cable TV are scheduled as follows: (1028p) BUDGET COMMITTEE MEETS NOVEMBER 6 The Tigard Budget Committee will hold its first meeting of the next Budget Cycle, Wednesday, 7-10 P.M. , November 6, 1985 at the Durham Treatment Plant offices at Hall and Durham. The committee will review the current 1985-86 Supplemental Budget and the City's 3—Year Forecast Long—Range Financial Plan. The city has been struggling financially to keep up with the service demands of our growing community with a Tax Base approved in 1980. City assessed value, mostly new construction, has increased from $466 million to $906 million since 1980, but this does not bring in any additional tax money! City population has increased from 14,855 to 21,000 since 1980, but this does not increase tax revenues. The City's operating budget has not kept pace with the real growth in our community. The Budget Committee must. begin o decide between further cuts or new taxes. TIGARD: OREGON'S 12TH LARGEST CITY, LOWEST TAX RATE 1984-85 CITY POPULATION CITY TAX RA—E 1. Portland 2. Eugene 3. Salem 4. Medford t 5. Springfield 6. Gresham 7. Beaverton S. Hillsboro 9. Corvallis 10. Albany 11. Lake Oswego 12. Tigard 13. Keizer 14. Bend 15. Milwaukie 16. Klamath Falls 17. Grants Pass 18. Ashland 19. Pendleton 20. Oregon City (1O28p) n BUDGET COMMITTEE MEETS NOVEMBER 6 t The Tigard Budget Committee will hold its first meeting of the next Budget cycle, Wednesday, 7-10 P.M. , November 6, 1985 at the Durham Treatment Plant offices at Hall and Durham. The committee will review the current 1985-86 Supplemental Budget and the City's 3-Year Forecast Long-Range Financial Plan. The city has been struggling financially to keep up with the service demands of our growing community with a Tax Base approved in 1980. The Budget Committee welcomes input from citizens as well as Board and Committee members. City assessed value, mostly new construction, has increased from $466 million to $906 million since 1980, but this does NOT bring in ANY additional TAX MONEYI Increased assessed value merely spreads the tax load around more and reduces tax rates. City population has increased from 14,855 to 21,000 since 1980, but this does not increase tax revenues. Some Federal and State revenues are received on a per capita bases, but these have been cut in recent years. The City's operating budget has not kept pace with the real growth in our community. The Budget Committee must begin o decide between further cuts or new taxes. TIGARD: OREGON'S 12TH LARGEST CITY, LOWEST TAX RATE Of the State's major cities, Tigard, now the State's 12th largest in population, still has the lowest tax rate. 1984-85 1985/86 CITY POPULATION CITY TAX RATE 1. Portland 371,500 $6.71 2. Eugene 103.400 9.85 3. Salem 92,680 NIA 4. Corvallis 41,525 6.34 S. Medford 40.950 N/A 6. Springfield 39,965 7.22 7. Gresham 36,370 4.81 8. Beaverton 33,450 4.23 9. Hillsboro 29,750 3.73 10, Albany 27,900 7.00 11. Lake Oswego 23,500 4.54 12, TIGARD 21,000 1.35 13. Keizer 19,620 N/A 14. Bend 18.270 4.55 15. Milwaukie 17.475 4.65 o Oregon City 14,490 7.61 o Forest Grove 11,700 3.94 o Newberg 11.440 7.64 0 Tualatin 10,500 4.13 o Sherwood 3,000 4.40 *N/A = Not Available �. (1028p) l J3 MEMORANDUM CITY OF TIGARD, OREGON / TO: Honorable Mayor and City Council October 10, 1985 FROM' Loreen Wilson, Recorder SUBJECT, 10/14185 Consent Agenda The following items must be removed from the Consent Agenda and rescheduled to be considered at the 10/28/85 meeting: 18.12 Approve Bond Release, Street Dedication & Non--Remonstrance - Gene Remkiet 18.13 Approve Street Dedication & Non--Remonstrance Agreement - Donna Bouman 18,15 Approve pion-Remonstrance Agreement - 135th Avenue LID - Cotswald Phase II, OR--AK Corporation lw/3302A _ i- CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY ] / AGENDA OF: October 14, 1985 AGENDA ITEM 0: DATE SUBMITTED: October 9, 1985 PREVIOUS ACTION: Acceptance of ISSUE/AGENDA TITLE: Acceptance of Subdivision Compliance Agreement Cotswald Meadows Street PREPARED BY: Randy Clarno Non-Remonstrance Agreement _ REQUESTED BY: Developer and Engineering DEPARTMENT HEAD OKt �/i�l ��-n/! CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Cotswald Meadows is a 62 lot subdivision located on the west side of S.W. 135th Avenue across from Morning Hill. The Development was required to execute a street non--remonstrance agreement for future improvements to S.W- 135th Avenue. Attached are the appropriate executed documents. ALTERNATIVES CONSIDERED SUGGESTED ACTION Engineering recommends that Council accept this street non-remonstrance agreement and direct the City Recorder to have it recorded with Washington County. (KL:br/1968P) INDIVIDUAL - GENERAL PARTNERSHIP CONSENT COVENANT (NONREMONSTRANCE AGREEMENT) Street Improvements The undersigned owners (including purchasers) of the rea• property described oelow do hereby record their consent to the formation of a local improvement district by the City of Tigard for the purposes of improving SW 135th Avenue, from SW Scholis Fry. Rd. to SW Walnut Street. The undersigned expressly waive all present and future rights to oppose or remonstrate against the formation of a local improvement district for the Improvement of said 135th Avenue reserving only the right to contest the Inclusion of particular cost items in the improvement district proceeding and any right the; may have under the laws of the State of Oregon to contest the proposed assessment formula. Tcv rea, prucert� that is the sub;ect of this consent covenant is described a•. 4e110,s: SEE ATTACHED EXHIBIT "A" IN WITNESS WHEREOF, the grantor(s) has (4ev -) hereunto set his rte= eA�sr) hand(-" and seal(s) this day of Iir .r , —(SEAL) t�ily��� 14A11(!U.(SEAL) (SEAL) WUJ, QUA (0. (SEAL) STATE OF OREGON ) 9 as. :'ounty of Washington 1 BE IT R" ;MBERED, that an this day of �!�+�{ .;h 19 Y- netore me, a undersigned Notary Public in and for the State of Oregon, eersanally appeared the within-named 1Ss=.Is /_4 rS'o. €4�+�' - wt- (s (arel known to me to be the identical individual(s) described in and . executed the within instrument and acknowledged to me that he (she) (they) rxe:ut,ld 0o same freely and voluntarily. :N S S7/IMONt WHEREOF, i I+avr hereunto set my hand and seal this �La day • �Ar :1� lv f�j n .,, Notary Public for Oregon NOTARIAL SEAL' My Commission Expires: - J Approvea ab to form this �{ day of In( �A.t._ 1915 S By: ��,� _ IC y Accor ey City of Tigard Approved as to legal description this f74da' /^ 19 By: Cl y _ t y a Tigard Approved this 1 _ say of �1 e 9i. CITY COU CIL, CITY OF TIGARD. OREGON City Recorder - City of Tigard 020aS EXHIBIT "A" A portion of Cotswald Meadows, a subdivision plat in the Southeast Quarter of the Southwest Quarter of Section 33, Township 1 South, Range 1 West, W.M. , City of Tigard, Washington County, Oregon and recorded in Book 59 Pages 20 and 21, said County plat records. Said portion being more particularly described as follows: Lots 1 through 62 of said Costwald Meadows. 4 (1956P) W _;4. ' N , I IICOTSWALD MEADOWS" LOCATED IN THE S.E. 1/4 OF THE SW 1/4 OF SEC. 33. T i S, R 1 W.W.M CITY OF TIGARD. WASHINGTON COUNTY. OREGON I Y.IN«Nt N set ••i•6••aa MN Kt•w• h• W•,fr f it•.• Ia Y. •Nt aw swaw'•rt a•Na. KI�a•Y t 3 wYN•r.• �•a°e°YNbn itr l)°< raYN•�se!r 6w•nba•'``/•� raven raft Yt• Y�ai r vewto•Nnaarr w.Ya•r• r » tr stow mar ve »aYON wet t4iot at a so ORR ww -weOr^ WON" • y if � rNI1M �wN \a•• �••ra aff p� - .aMIrIN.••r Sit tit,a.°wt•rf -- ,� T• �•_-•a e aa+•twr aar .! w(q "Oven f so ' �Yar- waR• --.tom Q ,( N N ' a•4 ® ••OR w. ( i OR to tff• are atft ae'an An w�at Wn i ; \'en l ! aaN pat I a • ff•t•� ,� V«.arfef twat 1 t aa».wt I 1 Y w •••t k a..a!! Y X •wr wn i� � » ave wa w w M •• ..rnarf,Nw f •• wave a t Baa tpai t .ve•fna 1 wr. t Yf\ II n If y a•\N S Ae N trot+ Or• NIt w tr M O - 1 I a•\a •aa ti .OR N Neve f 1 ._NairN�f aww k .4-t >1 x or K.rnr ti,If _ • t trN w.\ © e ^ 1• Y awa at-N awry rM^ -Yaf ^YN Yar- •^»aver- .. l 1 e•t+p a»tNf\•N aaN.» sa Ij •fast wove3 tsm wnY •• wi +••.,raro*OV f `~•- Nf1 •»fA M a M L • Itst" % Mn = rank l N rm ► i • • • rata 4 i •ave w.I wrwwra[w4 M t M•P[7QtralawL /tae Nn ® •"Rowse. araf �,Y® ••'K •a te»Y 1 w w • • y Nn wi / e Maloof. • ••a i ��»•raa pp4CRIBws a Mae N n t Z. • M n vera M n • .ate.• V .,•s av ••M01 •M-•tae'.wet. ii x t a } Mr 1 Is I stn �•�-.1, \"a�; •w wrl S ,��r .soup to �' s ver a/r •► ` s A Y"Ort�triof a ww 1 r^'t B wt�..> 4 , �Nn pMZ11p[ci11JK�1 war r± •K L w ;- L w! aaN war Lar alrilatain t 1 I b •.�[ : t Nat a�a •aw N f• ave af.a eM>taLO1r60.1r>ti {` aa'f.Macias t wwtat fNam a!of Y • �. 1 • l w� It, YYMn rn to a°.. a qN • :ORR Oft Ola 0�09 {fl ••w.Na°IM .1vormr•a••w y.•M.a. iN -�t rf••t f.i•M w a a•.q i.,a 1!•M' Mt 1a , •aN•M Ya F sr+MM i .T Y ivT MEMORANDUM r�- CITY OF TIGARD. OREGON T0: Honorable Mayor and City Council October 10, 1485 FROM: Loreen Milson, Recorder b_0 SUBJECT: Transfer Of Sewer and Gas Tax Funds Contingency There is a need for as-built plans to be available for staff use for the Public Works Shop area. The buildings are publicly owned and the City is to keep all public building as-built pians as a permanent record. Since the development of the shop has been accomplished over a number of years, these pians have never been developed. Currently with the phone system bids being distributed to vendors, there is a need for this information to be distributed at the bidders conference which is scheduled for the week of October 21st. In order to have this material in a timely fashion, staff is requesting approval to transfer contingency funds from the Sewer and Gas Tax Funds to Professional Services in the Engineering budget (Account Number 10-224000-6:01). lw13302A sr � CITY OF TIGARD, OREGON ' COUNCIL AGENDA ITEM SUMMARY f AGENDA OF: October 14, 1985 AGENDA ITEM #: ! �• DATE SUBMITTED: October 9, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Acce tance of the Durham Road Extension PREPARED BY: Keith Liden REQUESTED BY: '' DEPARTMENT HEAD OKL-.� f � ��/ICITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY in conjunction with the development of the PacTrust Business Park, an extension of Durham Road was proposed and approved by the City. In return for the dedication and construction of a road by PacTrust, Washington County agreed to deed the existing 50-foot wide access strip which connects the County gravel pit to the south with Upper Boones Ferry Road. The dedication papers have been prepared and the street improvements have been approved by the Engineering Division. ALTERNATIVES CONSIDERED 1. The City can accept the right-of-way dedication and street improvements for the Durham Road extension and permit the execution of the land trade agreement between PacTrust and Washington County. 2. Refuse to accept. SUGGESTED ACTION Accept the street dedication and improvements. (KL:brl1967P) 4. { WASHINGTON COUNTY ADMINISTRATION BUILDING — 150 N. FIRST AVENUE HILLSBORO, OREGON 97124 T DEPT.OF LAND USE AND TRANSPORTATION Engineering/Survey Division 2nd Floor (503)648-8761 September 25, 1985 IS g�R7a N E 1 jy 5 1 9'c-)J Keith Liden CITY OF TIGARD City of Tigard 12755 SW Ash Street PLANNING DEPT. Tigard, OR 97223 RE: WASHINGTON COUNTY/PacTrust LAND TRADE AGREEMENT Attached are the original documents as per the Land Trade Agreement between Washington County and PacTrust as approved by Washington County Board of Commissioners at their September 17, 1985 meeting by M. 0. 85-418. There are three (3) copies of the Deposit Agreement, signed by PacTrust and Washington County. Would you please have the Deposit Agreement executed by the City, and return one signed copy to Washington County (to my attention) , send one to PacTrust (Attn: Richard P. Buono) and keep one for City files. Attached to the Deposit Agreement is a dedication deed, executed by PacTrust, for the street that is to be accepted by City of Tigard, and a Bargain and Sale Deed for property from Washington County to PacTrust. The Bargain and Sale "eed is to be recorded by the City upon acceptance of the Dedication Deer. Would you please see that these documents are processed, and please send me a copy of the recorded documents (Dedication Deed and Bargain and Sale Deed) . If you have any questions concerning this matter, please call me at any time at 639-8856, Extension 896. Yours truly, Tom Spew Right-of-Way Coordinator TS:hs Enclosures an equal opportunity employer DEPOSIT AGREEMENT DATED: July 25 1985 BETWEEN: PACIFIC REALTY ASSOCIATES, L.P. , a Delaware limited partnership PACTRUST WASHINGTON COUNTY, a political subdivision of the State of Oregon, acting by and through its Board of Commissioners COUNTY AND: THE CITY OF TIGARD, a municipality of the State of Oregon CITY PacTrust and County have entered into a Land Trade Agreement, in which PacTrust has agreed to dedicate certain real property to the City of Tigard, more particularly described in the attached Exhibits A, B and C, in exchange for which the County will convey certain property to PacTrust, more particu- larly described in Exhibit D. The conveyance from the County to PacTrust is to occur after completion of certain improvements on the dedicated right-of-way and the acceptance of the same by City. PacTrust and the County wish to deposit with the City executed street dedication and a warranty deed to be held by the City until these conditions are satisfied. NOW, THEREFORE, the parties agree as follows: 1. PacTrust shall deposit with City an executed street dedication dedicating the property described in Exhibits A, 8 and C to the City in such form as may be acceptable to City. 1` 2. County shall deposit with City a warranty deed convey- ing the property described in Exhibit D Co PacTrust in form acceptable to PacTrust. 3. City shall hold the street dedication and warranty deed. until the street improvements have been accepted by it and the City has accepted the street dedication. At that time, City shall record the street dedication and the warranty deed. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first set forth above. PACIFIC REALTY ASSOCIATES, L.P. , a Delaware limited partnership B y -'� "� Peter Bechen, President and Attorney-in-Fact BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON By_t-,J.06., Recording Secretary By MNAA APP RO EDA �TOFORM By Ti e. CITY OF TIGARD, OREGON By ..� or Recorder AppAOVED WASHINGTON COUNTY BOARD OF COMMISSIONERS, MINUTE OR RER b l??jf M. .�..51......... DAT � � .......». AD 2 Bync or TIM t Milo Tax Lot 1300 (Proposed Revision) (Future Street Dedications) A tract of land situated in the Northeast 1/4 of Section 13, Townshi 2 South, Range I West of the Willamette meridian, Washing�on County, Oregon being more particularly described as follows: Beginning at a point that is S 89028128 * W 525.86 feet from the center of the northeast one-quarter of said Section 13 (as shown on C.S. 19,127) and S 0 31'32" E 41.85 feet from the north line of the south one-half of the northeast one- quarter of said Section 13; thence S 89028'28' W 72.00 feet to a point; thence N 0031032" W 129.92 feet to a point of curvature; thence northwesterly along a 158 foot radius curve to the left (through a central angle of 40008'33") 110.70 feet (long chord bears ti 20035048" W 108.45 feet) to a point; thence N 40040105" W 246.94 feet to a point of curvature; thence along a 392 foot radius curve to the right (through a central angle of 80 39145") 59.27 feet (long chord bears N 36020112" W 59.21 feet) to a point on the south I ins; of that tract of land dedicated to the public and recorded in Fee No. 83-003788 of the Washington County Records; thence N 89054155" E along the south line of said dedication 46.67 feet to a point; thence N 0005'05" W 13.15 feet to a point of curvature; thence northwesterly along a 150 foot radius curve to the left (through a central angle of 14050106") 38.84 feet (long chord bears N 7030'08" W 38.73 feet) to a point; thence N 0005005" W 10.86 feet to a point; thence S 30028034" E 19.64 feet to a point; thence southerly along a 320 foot radius curve to the left, (through a central angle of 10011131") 56.92 feet (long chord bears S 35034119" E 56.85 feet) to a point; thence S 40040185" E 247.07 feet to a point; thence southeasterly along a 230 foot radius curve to the right (through a central angle of 40008433") 161.14 feet (lona chord bears S 20035'48" E IS7.87) to a point; thence S 0131432" W 129.92 feet to the Point of Beginning. Contains 0.922 Acres Basis of Bearing: F.S. 20,596 of the Washington County Survey Records. 9,21/84 83.386. 198 EXHIBIT A portion of Existing Utilities Easement to be dedicated. of R.1W., being a portion of that tract of A pascel' of land in the N.E. 1/4 of Sectio n 13 w.H. Washington County. Oregon, land described in x1700, Map 32s-1-13h),,� Records of Washington said parcel being County* Oregon described as follows: of S.W• point on the southerly right-of-way Beginning at a P Road (County Road No. 534) that is Upper Boones Ferry pipe with a S 49a19'S5" W 79.236 feet from a 1-i set iron the N.W. corner Washington County cap shown as being a 34, of the of that tract described in Book 1n pal Survey No. 19,127, Washington County Deed also Records,es 1S 899 05 County4" E 26.91 feet said 1-inch iron Pipe019,55" W 452.67 and S 480 41'4 " 1E•23sfeet 0® tfeet from the 5recogniz d East feet and S 40040'05" said 1/16 corner on the Shown as line tpointween No Sections289 on County •Survey 1/16 corner being along a 45-foot r ilius 19,127; thence southeasterly _ � 44402") No. through a ceR}ral angle OL 6 curve to the sight. E 46.847 feet) to 49.' 71 feet (long chord bears S 72x02 inu along af65-foot a pas'nt of compound curve; thence continuing angle radi% x• curve to the right (through 35023 19") 40.147 feet (long chord bears S 22051125"aEnon- 39.51i feet) to a point; thence northwesterly ly along a tanget t 392 foot rad ius curv28 669 e to hfeet g(long chord bears central angle of 4011125 Dint of reverse curvature; !i 28054'09" "' 26.663 feet) at440afoot radius curve to thence nort.12--,sten ly along 72.509 feet the left, through a central angle 63.�810feet)3to a point on (long chord bears N T8 44'1 cf said S.W. Upper gooney Perry the southerly right-of-way E along nce N Road (County Road ho.t-twmY 20e616 feet to the point of said southerly rig Beginning. Contains: 0.0099 acresSurvey (basis of Bearing: p.5. 20 ,596 of the Washington County Records. 9/21/84 83.380. 198 EXHIBIT B y Tax Lot 1300 (Proposed Revision) Reserve Strip Ai tract of land situated in the Northeast 1/4 of Section 13, Township 2 South, Range 1 West of the Willamette Meridan, Washington County, Oregon being more particularly described as follows: Beginning at a point that is S 89028'28'0 W 525.86 feet from the center of the northeast one-quartet of said Section 13 (as shown on C.S. 19,127) and S 0031132" E 41.85 feet from the north line of the south one-half of the northeast one-quarter of said Section 13; thence S 89028'28" W 72.00 feet to a point; thence S 0031132" E 1.80 foot to a point; thence N 89028'28" E 72.00 feet to a point; thence N 0031032" W 1.00 foot to the Point of Beginning. Basis of Bearing: P.S. 20,596 of the Washington County Survey Records 9/21/84 84. 380. 198 I t EXHIBIT C } F. r Now 111` Washington County Parcel to Pacific Realty Associates, L. P. (Existing Tax Lot 1300 and Portion of Existing Tax Lot 100) A tract of land situated in the Northeast 1/4 of Section 13, Township 2 South, Range l West of the Willamette Meridian, Washington County, Oregon being more particularly described as follows: Beginning at a 3/4-inch iron pipe with a Washington County plug (as set in C.S. 19,127) on the south line of the north one-half of the northeast one-quarter of said Section 13 that is S 89p28428" W 744.15 feet from the center of northeast one-quarter of said Section 13; thence S 0¢05.05" E 42.85 feet to 3/4- inch iron pipe with a Washington County plug (as set in C.S. 19,127); thence S 89028'28" W 67 feet more or less to the west line of Lot 26 of the plat of Counci L View Acres No. 2; thence northerly along the said west line 42.85 feet more or less to a point; thence N 89028028" E 17 feet more or less to the southwest corner of that tract of land conveyed to Washington County, Oregon as described in !Book 128, Page 34 of the Washington County deed records; thence N 0005405" W along the west line of the Washington County tract, 426.76 feet to the southwest corner, Parcel 11, of that tract of land dedicated to the public as a public way as described in Fee No. 83-003788 of the Washington County Records; thence N 89054155" E along the south line of said public way 50.00 feet to a point on the east line of that tract of land described in Agreement between Pacific Realty Trust (buyer) and Washington County (seller) recorded on Exhibit "A" Fee No. 80-040979 of the Washington County Records; thence S 0005105" E along the west line of Exhibit "A" Fee No. 80-040979 426.31 feet to the Point of Beginning. Contains: 6.556 Acres more or less. Basis of Bearing: P.S. 20,596 of the Washington County Survey Records. 8/30/84 83.380.198 g EXHIBIT D Page 1 _ F Washington County and State of Oregon to Pacific Realty Associates, L.P. (Portion of Existing Tax Lot 100) A tract of land situated in Lots 24 and 25 of the Plat of Council View Acres No. 2 in the Northeast 1/4 of Section 13, Township 2 South, Range l West of the Willamette Meridian, Washington County, Oregon being more particularly described as follows: Beginning at the northeast corner of Lot 25 of the Plat of Counci 1 View Acres No. 2 also being on the north line of the south one-half of the north east one-quarter of said Section 13; thence S 89028128" W 170 feet more or less along the north line of said Lots 25 and 24 to the northwest corner of Parcel l of those tracts of land described in Book 439 Pages 459-460; thence southerly along the west line of said Parcel 1 42.85 feet more or less to a point; thence N 89028.28" E 170 feet more or less to the east line of said Lot 25; thence N 0005105" E along said east line 42.85 feet to the Point of Beginning. Contains: 0. 167 Acres more or less Basis of Bearing : P.S. 20,596 of the Washington County Survey Records. 8/30,184 83..380.198 EXHIBIT D Page 2 BARGAIN AND SALE DEED THIS INDENTURE made this ��day of ; 1985, by and between WASHINGTON COUNTY, a posit cal sub-div s on of the State of Oregon, and PACIFIC REALTY ASSOCIATES, L.P. a Delaware limited partnership, hereinafter tailed the Grantee. WITNESSETH: WHEREAS, Washington County is the owner of the real property herein described; and WHEREAS, pursuant to ORS 271.510-.540, County is authorized to transfer said property to promote industrial development and by Minute Order No. 84-359 entered into an agreement with Grantee to effectuate that goal ; and WHEREAS, Grantee has fulfilled its obligations under said agreement; NOW, THEREFORE, for the consideration hereinafter stated, the County hereby does grant, bargain, sell and convey unto the said Grantee, and Grantee's heirs and assigns, all tl,e following bounded and described real property, situated in the County of Washington, State of Oregon, to wit: See Exhibit "A" attached. The true consideration for this conveyance consists of other property or value given in exchange therefore. "THIS INSTRUMENT DOES NOT GUARANTEE THAT ANY PARTICULAR USE MAY BE MADE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT. A BUYER SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES." IN WITNESS WHEREOF, WASHINGTON COUNTY has caused these presents to be ecuted by its Chairman of the Board of Commissioners this /7t*-day of 1985, pursuant to an order of said Board dere ofore entered offrecord. ATTEST: WASHINGTON COUNTY, OREGON BOARD OF COMMISSIONERS Director Chairman Land Use A Transportation APPROVED AS TO FORM: e—co-rd ng aWdee tary Until a change is requested, tax stant County- Counsel statements shall be sent to: Pacific Realty Associates, L.P. APPROVED WASHINGTON COUNTY 111 S.W. Fifth Ave.; Suite 2950 BOARD OF CO ISSIONM Portland, Oregon 97204 I4INCITE oDEa r _Aq I After recording, return to the 0102d/10 0 8/85 DA �,.Ci- 7 same address. By arras" STATE OF OREGON, County of Washington ss. September 17 ,198S Personally appeared the above named MARY NAYLOR,_ RECORDING SECRETARY and acknowledged tha foregoing Ins rument to a_jar _ voluntary act- and deed, Before me: - ' .... o ary u or Oregon LINDA DA U m commi ssio expi res: /z/Q- Ry NOTARY PUBLIC — OREGON y My Eomminion Explrgs....rZr........&�•• STATE OF OREGON, County of Washington } ss• September 17 ,19 85 ) Personally appeared the above named WES MYLLENBECK, CHAS, BOARD OF UUMMSSI"UNhRb-- ana ac now]edged a orego ng instrument Eo befils voluntary act and deed. Before me: , LINDA D WSON Notary for OregOn NOTARY PUBLIC — OREGON My commi ssi n expires: My Gommisswn Expires. 8/30/84 83.388.198 i i EXHIBIT A _ Page 1 ��� Washington County Parcel to Pacific Realty Associatest 100) (Existing Tax Lot 1300 and Portion of Existing Tax A tract of land situated in the Northeast 1/4 of Section 13, Township 2 South, Rangel West of the Wi 1 lamette Meridian, Washington County, Oregon being more particularly described as follows: Beginning at a 3/4-inch iron pipe with a Washington County plug (as set in C.S. 19,127) on the south line of the north one-half of the northeast one-quarter of said Section 13 that is S 89028428" W 744.15 feet from the center of northeast one-quarter of said Section 13; thence S 0005905" E 42.85 feet to 3/4-inch iron pipe with a Washington County plug (as set in C.S. 19,127); " thence S 89028128" W 67 feet more or less to the west 1 i ne of Lot 26 of the plat of Counci 1 View Acres No. 2; thence northerly along the said west line 42.85 feet more or less to a point; thence N 89028128" E 17 feet more or less to the southwest corner of that tract of land conveyed to Washington County, Oregon as described in Book 126, Page 34 of the Washington County deed records; thence N 0005105" W along the west line of the Washington County tract 426.76 feet to the southwest corner, Parcel II, of that tract of land dedicated to the public as a public way as described in Fee No. 83-803788 of the Washington County Records; thence N 89054155" E along the south line of said public way 50.09 feet to a point on the east line of that tract of land described in Agreement between Pacific Realty Trust (buyer) and Washington County (seller) recorded on Exhibit "A" Fee No. 86-040979 of the Washington County Records; thence S 00051105" E along the west line of Exhibit "A" Fee No. 80-040979 426.31 feet to the Point of Beginning. Contains: 6.556 Acres more or less. Basis of Bearing: P.S. 20,596 of the Washington County Survey Records. 8/30/84 83.380.198 EXHIBIT A - Page 1 463r Washington County and State of Oregon to Pacific Realty Associates, L.P. (Portion of Existing Tax Lot 100) A tract of land situated in Lots 24 and 25 of the Plat of Counci 1 View Acres No. 2 in the Northeast 1/4 of Section 13, Township 2 South, Range 1 West of. the Willamette Meridian, Washington County, Oregon being more particularly described as follows: Beginning at the northeast corner of Lot 25 of the Plat of Council View Acres No. 2 also being on the north line of the south one-half of the north east one-quarter of said Section 13; thence S 89028128" W 170 feet more or less along the north line of said Lots 25 and 24 to the northwest corner of Parcel 1 of those tracts of land described in Book 439 Pages 459-460; thence southerly along the west line of said Parcel 1 42.85 feet more or less to a point; thence N 890 281128" E 170 feet more or less to the east line of said Lot 25; thence N 0005105" E along said east line 42.85 feet to the Point of Beginning. Contains: 0.167 Acres more or less Basis of Bearing; P.S. 20,596 of the Washington County Survey Records. 8/30/84 83.380.198 EXHIBIT A - Page 2 � OC _ azss�s- sis�iis 4 I a. VWi tt vs 1 e 'w a m. �+ D 1 N W s. 9I 10 cm in w to M ��° O �•: ,, �t'st a� `• �ef!!�,fie �'' _� i� .g/ , �� „•�:. * FSS..}, W w ` a trw ♦.rr.irrr a •$1r or • ca 6 F STREET DEDICATION t � IC REA olnTnmrc L, F — "OWALL l+,EN BY THESE PRESENTS, that A f IF do right-of-vay for street, rosand utility hereby dedlttt to the Pu lie • perpetual d purposes on, over, across, under, along and within the following described real property a in Washington County, Oregon: See Exhibits A, B and C, attached hereto and made a part hereof. To have and to hold the above-described and dedicated rights unto the Public forever for uses and purposes hereinabove stated. 'rhe grantor($) hereby covenants that they are the owner in fee simple and the property is free of all Hens and encumbrances, they have good and legal right to grant their rights above-described, and they will pay all taxes and assessments due and ovirb on the property. The amount oaid (or this dedication is NONE, consists of other property given in exchange therefor by Was County. IN WITNESS WHEREOF, the undersigned limited partnership has caused this Street medication to be executed by its duly authorized Attorney-in-Fact. nnrrFTr REALTY ASSOCIATES, a Delaware limited partnership President and ttorney-in-Fact STA:E OF OREGON ) KmTtx-t W" ) sa. July 25 is 85 C 0 N:Y of yos6>t1$Bt<3d!@ii) Personally appeared xRdt X1$kC6#x is who, 7fYSAx clog first du y sworn, id say that rhe the preside, Attorney-in- t Yet )MXtxeh'$JtXltStVgXr4tX V and Fact PACIFIC REALTY ASSOC , a e aware im aa gar Hers iap axaam�oartedow;xxudcxahexxtbsrts�eYYxe4a :�tx>:oc sKstxYaseeg:ot$rgcxYmawtmnuewt)ddxxomotxooe�Yr+aecxsn3x:olxxsmd:p�� pb xj.s t� sold instrument was signed and acaped in behalf of said Xenyora dpR3�Y 02 rh. 4040— .LrpLrii{.,and ilXXkX.1VXX acknowledged said instrument to be its voluntary act and s Pvary�G? Q Notary Public for or on s.d��, ...••��a! My Commission expire s April 9, 1988 ��® 94•.• ACCEPTANCE s Approved as to fors this 9, day of LN 8y Ci 'Attorney _ Ci y of Tigard Approved as to legal description this ��day of By G Ci - lty-of Sty-ofTigard d by the City Council this ,"qo( day of 194 Accepted ,f CITY COUNCIL, clTY OF TIGAAD.•OREGON By: City Recorder - City of Tigard Tax Lot 1300 (Proposed Revision) (Future Street Dedication) A tract of land situated in the Northeast 1/4 of Section 13, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon being more particularly described as follows: Beginning at a point that is S 89028128" W 525.86 feet from the center of the northeast one-quarter of said Section 13 (as shown on C.S. 19,127) and S 0 31'32" E 41.85 feet from thc+ north line of the south one-half of the northeast one- quarter of said Section 13; thence S 89028'28'm W 72.00 feet to a point; thence N 0031932" W 129.92 feet to a point of curvature; thence northwesterly along a 158 foot radius curve to the left (through a central angle of 40008"33") 110.70 feet (long chord bears N 20035"48" W 108.45 feet) to a point; thence N 40040105" W 246.94 feet to a point of curvature; thence along a 392 foot radius curve to the right (through a central angle of 80 391145") 59.27 feet (long chord bears N 36020112" W 59.21 feet) to .si point on the south line of that tract of land dedicated to the public and recorded in Fee No. 83-003788 of the Washington County Records; thence N 89054155" E along the south line of said dedication 46.67 feet to a point; thence N 0005'05" W 13.15 feet to a point of curvature; thence northwesterly along a 150 foot radius curve to the left (through a central angle of 1450'06") 38.84 feet ( long chord bears N 7030908" W 38.73 feet) to a point; thence N 0005.05" W 10.86 feet to a point; thence S 30028134" E 19.64 feet to a point; thence southerly along a 320 foot radius curve to the left, (through a central angle of 10011131") 56.92 feet ( long chord bears S 35034119" E 56.85 feet) to a point; thence S 40040105" E 247.07 feet to a point; thence southeasterly along a 230 foot radius curve to the right (through a central angle of 49008133") 161.14 feet (1 oncl chord bears S 20035'48" E 157.87) to a point; thence S 0131132" W 129.92 feet to the Point of Beginning. Contains 0.922 Acres Basis of Bearing: P.S. 20,596 of the Washington County Survey Records. 9/21/84 83.380. 198 i EXHIBIT A Q Portion of Existing Utilities Easement to be dedicated. A parcel' of land in the N.E. 1/4 of Section 13 of T.2S., R.1W., W.M. Washington County, Oregon, being a portion of that tract of land described in Fee No. 79-036450 of th said Records parcel beingngton County, Oregon (T.L. 1700, Map 2S-1-13h), described as follows: Beginning at a point on the sou R ad No.l 534)o that is of S.W . Upper Boones Ferry Road (County S 49019'55" W 79.236 feet from a 1-inch iron pipe with a Washington County cap shown as being set for the N.W. corner of that tract described in Book 128, Page 34, of the 19,127. s Washington County need Records, in County urvey No. said 1-inch iron pipe also lies S 89P05-04- E 26.91 feet and S 4841'42" W 716.23 feet and S 49019'55" W 452.67 feet and S 400401050 E 30.00 feet from the reeogniae�s East 1/16 corner on the line between Sections 13 and 12, said 1/16 corner being shown as Point No. 289 on County Survey No. 19,127; thence southeasterly along a 45--foot r ilius curve to the right, (through a cen ral angle of 6 44102") to 49.271 feet (long chord bears S 72 02196" E 46.847 feet) a point of compound curve; thence continuing along a 65-foot radius curve to the right (through a central angle of 35023120-) 40.147 feet (long chord bears S 22058'25"aEnon- 39.512 feet) to a point; thence northwesterly along tangent 392 foot radius curve to the right (through a central angle of 4011'25") 28.669 feet (long chard bears N 28054009" W 28.663 feet) to a paint of reverse curvature; thence northwesterly along a 40-foot radius curve to the left, through a central angle of 1030$1'39" 72.509 feet (long chord bears N 78044016" W 62.981 f@et) to a point on the southerly right-Of-way of said S.w, Upper Boones Ferry sRoad aid (Cour rlyaright- f3way 20.616 feet019to, the Po ntong ofsouththe Beginning. Contains: 0.0099 acres Basis of Bearing: P.S. 20,596 of the Washington County Survey Records. 9/21/84 83.388.198 p d ry { EXHIBIT 8 . n ..... .... .:.. Tax Lot 1300 (Proposed Revision) i Reserve Strip A tract of land situated in the Northeast 1/4 of Section 13, Township 2 South, Range 1 West of the Willamette M eridan, Washington County, Oregon being more particularly described as follows: Beginning at a point that is S 89028128" W 525.86 feet from the center of the northeast one-quarter of said section 13 (as shown on C.S. 19,127) and S 0031.32" E 41.85 feet from the north line of the south one-half of the northeast one-quarter of said Section 13; thence S 89928-28" W 72.00 feet to a point; thence S 0031.32" E 1.00 foot to a point; thence N 89028128" E 72.00 feet to a point; thence N 0031 - 32" W 1.00 foot to the Point of Beginning. Basis of Bearing: P.S. 20,596 of the Washington County Survey Records 9/21/84 84. 380. 198 1 i i EXHIBIT C CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ` AGENDA OF: October 14 1985 AGENDA ITEM #: Consent ! z j / 7 DATE SUBMITTED: October 9_1985 PREVIOUS ACTION: Approved by Planning ISSUE%AGENDA TITLE: NPO #3 Commission Appointment — Chris Bednarek PREPARED BY: Diane REQUESTED BY: N/A �. DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE N/A INFORMATION SUWARY The attached application for NPO #3 membership has been reviewed and approved by the Planning Commission. ALTERNATIVES CONSIDERED 1. Appoint Z. Deny SUGGESTED ACTION Appoint Chris Bednarek to NPO #3. (1031p RECEIVED CITY OF TIOAMD CITIZEN COMMITTEE INTEREST APPLICATION ` — C'.TY OF i IGaqU NAME: �t�f�'JS �ED,+�'�4R�� DATE: 4 —d�-FfS ADDRESS (RES.): 1 ,��j Sit) HOhl'a ILA- RES. PHONE: ADDRESS (BUS. PO 800 moo REA✓ttiM2- BUS. PHONE: 6 2-?--fr4l1� LENGTH OF RESIDENCE IN TIGARD: 3_ '�E�j SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? _ 91: 7-O'L20 •d��/�- EDUCATIONAL BACKGROUND: Bti S !4/s4��C" Uy4�� S� ''bc OCCUPATIONAL STATUS AND BACKGROUND: ,1aTia%1,41-. Se3c-e-S �. I1EocJss , G-�ci✓.� D✓srcr Ss�c.�SX�: �c�Ec--�lLrc�c �.�, •��E+�r•✓�-.- HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? 14 `�Ef'IRS t IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: Fa4azs t'DEw 7- ALExA+JDEIt d2e4G -0 br&-r • ►fit��+^�f �L7a� J�c.c.E� Cf�EC�+ad�S, r}�sot C.o_"t'tP�A-s>j�Q, ST krJrt�o>J KS ,�A n�7� cc..�B - - ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS): BOARDS, COMMITTEES OR NPO INTERES'T'ED IN: 14 PO , PL'WriIv&-- CnNw11Sseorl — -------------- ------------------------------------------------------------•--------- Date Received at City Hall Date Interviewed E Date Appointed Board,' Committee, or NPO i Inside 'City Outside City (034bp) Z U t8 ff: (i J3 0 co tiT ao�+ o wai �mw a tp ¢ £ mO3HX a `n w w N N 1 1 c I U) W C C9 t9 N Z Z to w w W (� fY J W 4-) N W iJ C" J H W .•+ R3� ti. 3 W G 2 O O 3W3 z fh W L O 1 1 Off+ Cc ►-- C F^ d L N F- J N CIO. z ¢ .4 ais `�' ` a 2 p hUix 0. m h a hr� hC CC" 1 S itT x k-• � H UW .�4Z .-+ UU f1S d � fif f0 C (7 S 0f:! (� 3 Off. T Z S 0 E {�. 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