The URL can be used to link to this page

City Council Packet - 11/25/1985 THIS COUNCIL MEETING WILL BE CABLE CAST BY STORER ON TIGARD CHANNEL 8 AT THE FOLLOWING TIMES: ' TUESDAY 11/26/85 AT 6:30 PM THURSDAY 11/28/85 AT 12:30 PM and 6:30 PM TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS AGENDA sign-up sheet(s). If no sheet is available, NOVEMBER 25, 1985, 7:00 P.M. ask to be recognized by the Chair at the start FOWLER JUNIOR HIGH of that agenda item. Visitor's agenda items are 10865 SW WALNUT asked to be to 2 minutes or less. Longer matters TIGARD. OREGON 97223 can be set for a future Agenda by contacting Ceither the Mayor or City Administrator. 1. REGULAR MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items: Motion to approve as amended. 2. VISITOR'S AGENDA (2 Minutes or Less, Please) 3. PRESENTATION OF KEYS TO THE CITY o Mayor Cook 4. HISTORIC DISTRICT CLARIFICATION DISCUSSION 0 Director of Community Development 5. PUBLICHEARING - HALL BLVD./BURNHAM LID FORMATION - Phase III o Public Nearing Opened o Declarations or Challenges o Summation by City Engineer o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation by City Engineer o Council Questions or Comments o Public Hearing Closed 0 Consideration by Council 6. P16LIC HEARYNG - ZONE ORDINANCE AMENDMENT ZOA 7-85 PARKING REQUIREMENTS A request by the City of Tigard to review Chapter 18.106 of the Community Development Code to allow gravel parking for permanent uses on a Temporary basis. o Public Hearing Opened o Declarations or Challenges o Summation by Planning Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation by Planning Staff 0 Council Questions or Comments o Public Hearing Closed o Consideration by Council 7. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 8-85 NPO FEE WAIVER A request by the City of Tigard to modify Chapter 18.32 of the Community Development Code to allow the NPO a waiver of application fees for appeals of land use decisions, amendments to the Community Development Code and amendments to the Comprehensive Plan maps under certain conditions. o Public Hearing Opened o Declarations or Challenges o Summation by Planning Staff a Public Testimony: Proponents, Opponents, Cross Examination o Recommendation by Planning Staff o Council Questions or Comments o Public Hearing Closed �n o Consideration by Council 8. PUBLIC HEARING - PORTLAND FIXTURE/S 4 J APPEAL CPA 3-85 FULL EVIDENTIAL BEARING NPO 07 (20 min. proponent, 20 min. opponent, 10 min.cross,10 min.Council). A request by the City of Tigard City Council for a re-hearing on an application filed by Portland Fixture to amend the Comprehensive Plan and Zoning Designation from CP (Commercial Professional) to CG (Commercial General) for a 7.9 acre site located on the south side of Scholls Ferry Road, west of Greenway Town Center (WCTM ISI 34BC, Lot 400) NOTE: Public Testimony Time Limit - Proponents 20 minutes, Opponents 20 minutes, Cross Examination to minutes, Council Questions 10 minutes. a Public Hearing Continued from 10/28/85 a Declarations or Challenges o Summation by Planning Staff o Public Testimony: Proponents, Opponents, Cross Examination NCIL A NOVEMBER 25 1995 - PAGE 1 o Recommendation by Planning Staff o Council Questions or Comments o Public Hearing Closed o Consideration by Council 9, LID UPDATE .1 Greenburg/Tiedeman LID #85-02 - Phase I .2 tooth 6 Inez - Phase I .3 Cherry Street - Phase I o City Engineer 10, CONSENT AGENDA: Thes; 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 - November 18, 1985 10.2 Receive and File Community Development Land Use Decisions 10.3 Receive and File Departmental Monthly Reports For October 10.4 Approve Board and Committee Appointments: 10.5 Accept Bethany Associates Street Dedication - SW North Dakota Street 10.6 Accept Hayden Corp. Permanent Sanitary and Storm Sewer Easements - Naeve Street at 114th Avenue 10.7 Approve Change To New Dental Plan - From Oregon Dental Service to LOC-Blue Cross Plan II Effective 1/1/86 10,8 Receive and File LCDC Grant Information - Grant # M-85173 10.9 Accept Anctil/Cherry Street Dedication and Non-Remonstrance Agreement - SW 81st Avenue lO.,O Approve and Authorize Signatures - Summerlake 02 (Phase 4) Subdivision Compliance Agreement t Bond 10,11 Authorize Purchase Of High Density File System - $10,875.23 10.12 Approve Long Range Financial Projection Per ORS 10.13 Approve i Authorize Signatures - Windsor Place Subdivision Compliance Agreement 6 Bond 10.14 Appmva L Authorize Signatures - Chelsey Hill Subdivision Compliance Agreement 6 Bond 10.15 Approve i Authorize Signatures - Fountains (Phase II) Sanitary S Stone Sewer Compliance Agreement 6 Bond 10.16 Approve Resolution No, 85-94, Ratifying NW Tigard Annexation Approval 10.17 Approve Entering Into Intergovernmental Agreement With Washington County Re: Civil Forfeiture 10.18 Authorize Police Chief Recruitment Advertisements 10,19 Receive and File: Computer RFP 11. NON-AGENDA ITEMS: From Council and Staff 12. EXECUTIVE SESSION: The Tigard City Council will 90 into Executive Session under the provisions of ORS 192.660 (1) (d) 6 (h) to discuss labor relations and current/pending litigation issues. 13. ADJOURNMENT iw/3419A COUNCIL AGENDA - NOVEMBER 25. 1985 - PAGE 2 EBB T I G A R D C I T Y C O U N C I L REGULAR MEETING MINUTES - NOVEMBER 25, 1985 - 7:00 P.M. 1, ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, and Jerry Edwards, City Staff: Bob Jean, City Administrator; Bill Monahan, Community Development Director; Tim Ramis, Legal Counsel; and Loreen Wilson, Deputy City Recorder. 2, CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS - No items were added. 3. VISITOR'S AGENDA - No one appeared to speak. 4, PRESENTATION OF KEY TO THE CITY a. Mayor Cook presented a key to the City to Mr. Robert McNatt. Mr. McNatt has submitted his retirement notice and worked in the Public Works department since 1969. 5. HISTORIC DISTRICT CLARIFICATION DISCUSSION a. Community Development Director stated that Tigard's Comp Plan has officially be acknowledged with the condition that Tigard review the historic overlay designation. LCDC contends the preservation designation is not adequate. T;he City has received a grant from LCDC to address this last outstanding condition tied to the acknowledgment process. Tigard's historic sites are: Durham Elementary * John F. Tigard House Windmill 121st/Katherine Joy Theater Upshaw House/Seven Gables Tigard Grange Tigard Street Farmhouse and Windmill Tigard Feed & Seed * - Sites currently with Historic District Designation b, Mr. Dick Mathews, Director of Washington County Museum, synopsized the history of the Tigard area and stressed the value of preserving what historic sites are available in Tigard. He stated that the museum would counsel developers as to how to do adaptive uses at the historic sites for profitable improvements. C. Consensus of Council was to send item back to Planning Commission and support Staff's suggestion to have a Committee review requests with Council retaining the right to call up for formal review if necessary. The Review Committee should be: 1 Councilor; 1 Planning Commission Member; and 1 Planning Staff Member. Page 1 - COUNCIL MINUTES - NOVEMBER 25, 1985 6. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 7-85 PARKING REQUIREMENTS A request by the City of Tigard to review Chapter 18.106 of the Community Development Code to allow gravel parking for permanent uses on a Temporary basis. a. Public Hearing Opened b. Declarations or Challenges - None C. Community Development Director synopsized the history of the request and stated Economic Development Committee recommended 3 years for gravel parking for permanent businesses. Planning Commission unanimously denied the gravel for permanent businesses. d. Public Testimony - No one appeared to speak. Q. Staff recommended ordinance to retain current language. f. Public Hearing Closed g. After lengthy discussion, Councilor Brian moved to direct staff to prepare an ordinance to allow gravel parking for temporary use applications, with approval of the gravel request being granted by the approval authority for the length of temporary use being requested. The burden of proof for the need for gravel parking is the applicant's. Motion seconded by Councilor Edwards. Approved by unanimous vote of Council present. 7. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 8-85 NFO TEE WAIVER A request by the City of Tigard to modify Chapter 18.32 of the Community Development Code to allow the NPO a waiver of application fees for appeals of land use decisions, amendments to the Community Development Code and amendments to the Comprehensive Plan maps under certain conditions. a. Public Hearing Opened b. Declarations or Challenges - None. C. Community Development Director synopsized the request noting that Council initiated the request. Planning Commission voted to deny the request, and CCI voted to approve with condition ##3 eliminated. d. Public Testimony: No one appeared to speak. e. Community Development Director recommended approval with conditions 1-2 and 4-5 being adopted: 1. The appeal or land use application must have been supported by a majority vote of NPO members at a public meeting where a quorum of NPO members was present. 2. A copy of the minutes of the NPO meeting where the appeal of land use application was initiated must be submitted with the appe;k nr land use application. Page 2 - COUNCIL MINUTES - NOVOiBER 25. 1985 3. The NPO requesting the fee waiver shall make a presentation to the CCI which includes a justification as to how the NPO F proposal will benefit the City has a whole. The CCI shall then take a vote to support or not support the NPO request. 4. The appeal to application will be considered valid when conditions 1 and 2 above are met and all other filing requirements are met. 5. Should the Council deny the NPO request for a fee waiver, the NPO shall submit the required fee within three (3) working days of the denial. The fee shall be filed by 3:00 P.M. on the third (3rd) day. f. Public Hearing Closed g. Motion by Councilor Brian, seconded by Councilor Edwards to approve staff's recommendation and direct staff to prepare an ordinance for adoption. Approved by unanimous vote of Council present. 8. PUBLIC HEARING - PORTLANO FIXTURE/S & J APPEAL CPA 3-85 FULL EVIDENTIAL HEARING NPO #7 A request by the City of Tigard City Council for a re-hearing on an application filed by Portland Fixture to amend the Comprehensive Plan and Zoning Designation from CP (Commercial Professional) to CG (Commercial General) for a 7.9 acre site l.,rated on the south side of Scholls Ferry Road, west of Greenway Town Cer' er (WCTM 1S1 348C, Lot 400) NOTE: Public Testimony Time Limit - Proponents 20 minutes, Opponents 20 minutes, Cross Examination 10 minutes. Council Questions 10 minutes. a. Public Hearing Continued from 10/28/85 b. Declarations or Challenges - Councilor Brian disclosed an ex-parte contact with Mr. Johnson. Mr. Johnson was advised that Councilor Brian would make this disclosure. Councilor Brian stated he was not biased and would be voting on the issue. C. Community Development Director noted the history of the request noting that the Council's original denial was appealed to LUBA. This is back before Council for a full-evidential hearing to review the application based on relevant evaluation criteria. The criteria set out by staff to be addressed are as follows: 1. Statewide Planning Goals and Guidelines 2. Tigard Comprehensive Plan a. Policies 2.1.1, 5.1.1, 5.1.4, 8.1.3, and 12.2.1 a. b. Locational Criteria, Section 12.1 pertaining to General Commercial and Commercial Professional 3. Tigard Community Development Code a. 18.22.020 Purpose (Amendments to the Code and Map) b. 18.22.040 Quasi-Judicial Amendments and Standards for Making the Decision C. 18.30.120 Standards for the Decision d. 18.62.010 Purpose (C-G Zone) e. 18.64.010 Purpose (C-P Zone) Page 3 - COUNCIL MINUTES - NOVEM..BER 25, 1985 Community Development Director continued by advising Council that / Portland Fixture withdrew as an applicant in October and that S & to J then requested a setover to allow time to study the issues further especially the impact of Beaverton developments and rezoning across Scholls Ferry Road. Legal Counsel cautioned that whatever decision is reached, Council must address all criteria and note how findings address the criteria. d. Public Testimony: Proponents o Jack Orchard, representing S & J Builders, addressed the criteria noting that Council has added new criteria since the first hearing. He noted that ORS 227.180 does not allow that. o Mr. Sumner Sharp, of Cogan, Sharpe, and Cogan, 71 SW Oak Street in Portland, discussed transportation issues and stated the intersection with Scholls Ferry Road would be fully signalized. Current level of use on Scholls Ferry would be able to be maintained with signal even with the change of circumstances (i.e. zoning and development) surrounding Sorrento/Scholls Ferry. o Mr. Dave Pietka, Real Estate Appraiser, stated the zone change proposed would create a better balance between retail, and commercial development in the area. Opponents: a Richard Boberg, NPO #7 Chairman, noted the NPO has not, and does not, support upzoning of an area. A development is needed to enhance current uses in the area. The NPO suggests auto service use is needed in the area. o Howard Williams, Business Owner at Greenway Town Center, opposed the zone change request and asked Council to deny the application. He presented petitions from shopping center users opposing the zone change and showed pictures addressing the traffic/congestion concerns in the area and vacancy problems currently at the Shopping Center. Rebuttal o Jack Orchard stated that currently there is no signal at ;:he intersection and this would allow the problems with congestion as shown in the slide presentation. He noted that with the signal installation traffic would be able to flow better. Rezoning would give the City the chance to diversity the zoning and uses in the area. P' o Mr. Sharpe noted uses which would be used in the new zone and noted that this would not impact traffic to a detriment. o Mr. Howard Williams, residents want a major gas station and auto parts store, now offices. Page A — COUNCIL MINUTES — NOVEMBER 25, 1485 Y } o Mr. Richard Boberg stated the transportation study does not take into consideration the zone changes on the Beaverton side of Scholls Ferry Road. o Mr. Sharpe stated that in order to have automotive needs addressed, the zone change to C-G would need to be approved. e. Community Development Director recommended approval as application meets criteria. f. Public Hearing Closed g, Councilor Brian stated he understood the arguments and noted changes in the area in upzoning has increased the needs, but C-P area is the only one for Tigard & Beaverton in the area. There is sufficient population now and at build-out of zone designations to support a C-P zone. e. Councilor Edwards noted that the need for the C-G zone has not been sufficiently addressed, noting that the standard is not dependant upon the market place. He also felt the traffic signal would not sufficiently relieve the congestion whether the zone were C-P of C-G. f, Mayor Cook felt the installation of the signal would in fact bring more traffic to the area than before and felt the C-G zone would be a detriment to the traffic circulation. g, Motion by Councilor Brian, seconded by Councilor Edwards to direct staff to prepare a resolution to deny the request and include the issues the Council discussed, including: o Failure to show original plan design was improper. o Failure to convince Council of a long range Community need requiring the zone charge. a Transportation impacts. Approved by unanimous vote of Council present. 9. PUBLIC HEARING - HALL BLVD./BURNHAM LID FORMATION - Phase III a, Public Hearing opened b. Declarations or Challenges - None were discussed C. Stu Cato, Project Engineer, noted the history of the issue and stated staff has modified the improvement as set forth in the revised engineer's report. Tigard Electric's property has been excluded from the proposed project. d. Public Testimony: Proponents o Phil Edin, Church of Christ Building Committee Chairman, stated the Church can support the LID for their property since it will also solve some safety issues along that portion of Hall Blvd. too. page 5 - COUNCIL MINUTES - NOVEMBER 25, 1985 Opponents o Jeff Sturgis, representing Tax Lot 702 and 400, stated the improvement would be of little benefit to the property based on the cost involved. He noted two other property owners have been excluded when they opposed the LID but that his tax lots had not been. He felt the dollar amount over the next 10 years would place an undo hardship on the property owners and suggested the City look for other ways to finance the project. o Richard Sturgis, representing Tax Lot 702 and 400, noted concern with his ability to pay the assessment and requested both tax lots be excluded from the LID. o Mr. Ronald Schmidts, representing Tigard Electric, noted his appreciation for being excluded from the project. He suggested the City should just do a half street improvement now and not go forward with plans for an LID. Rebuttal: o City Administrator noted that the LID is being paid as follows: 50% - City of Tigard 25% - Church of Christ 25% - Sturgis Properties (Tax Lot 702 & 400) He stated that the City has the funds available to pay for the LID participation or for a half street improvement. He advised Council of the need for a more complete project for safety reasons. e. Project Engineer recommended approval by the Council to proceed with a comprehensive street construction project. f. Lengthy discussion followed regarding the possible exclusion of Tax Lot 400. City Administrator noted that the right-of-way required from Tax Lot 400 would still be required to complete the project to help address the safety issues. g. Mr. Phil Edin stated that if the LID were to change, and or the assessment to increase, the Church would want the change to respond. h. Motion by Councilor Brian, seconded by Councilor Edwards to continue the public hearing to December 9, 1985. Approved by unanimous vote of Council present. i. Project Engineer was directed to prepare cost information for project with right-of-way purchased, with right--of-way donated, with and without Tax Lot 400. 10. LID UPDATE a. Interim City Engineer, Bob Wright, gave a status report on the following proposed LID areas and recommended Council terminate work on .1 and approve drafting preliminary engineer's reports on .2 and .3. Page 6 - COUNCIL MINUTES - NOVEMBER 25, 1985 1 Greenburg/Tiedeman LID #85-02 - Phase I .2 100th & Inez - Phase I .3 Cherry Street - Phase I b. Motion by Councilor Brian, seconded by Councilor Edwards to terminate action on preliminary LID study for Greenburg/Tiedeman. Approved by unanimous vote of Council present, C, RESOLUTION NO. 85-97 A RESOLUTION DIRECTING CITY STAFF TO PREPARE A PRELIMINARY ENGINEERING REPORT RELEVANT TO POTENTIAL INSTALLATION OF PUBLIC SANITARY SEWERAGE FACILITIES SERVING GENERALLY, THE AREA COMMONLY KNOWN AS SW 100TH AND INEZ IN THE CITY OF TIGARD, OREGON. d. Motion by Councilor Edwards, seconded by Councilor Brian to approve. Approved by unanimous vote of Council present. e. RESOLUTION NO. 85-98 A RESOLUTION DIRECTING CITY STAFF TO PREPARE A PRELIMINARY ENGINEERING REPORT RELEVANT TO POTENTIAL INSTALLATION OF PUBLIC SANITARY SEWERAGE FACILITIES SERVING GENERALLY, THE AREA COMMONLY KNOWN AS SW 74TH AND CHERRY IN THE CITY OF TIGARD, OREGON. d. Motion by Councilor Brian, seconded by Councilor Edwards to / approve. i., Approved by unanimous vote of Council present. 11. 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: 11.1 Approve Council Minutes - November 18, 1985 11.2 Receive and File Community Development Land Use Decisions - None to receive at this meeting. 11.3 Receive and File Departmental Monthly Reports For October 11.4 Approve Board and Committee Appointments:. Resolution No. 85- 99 - Establishing Utilities and Franchises Committee Resolution No. 85-100 - Appointing Michael Schwartz & Sandra Helfrinch to the Parks b Recreation Board - term expiring 12/31/87 Resolution No. 85--101 - Appointing Will Newman to the Planning Commission • term expiring 7/1/86 Resolution No. 85-102 - Appointing Carolyn Eadon to the Budget Committee - term expiring 6/30/86 11.5 Accept Bethany Associates Street Dedication - SW North Dakota Street 11.6 Accept Hayden Corp. Permanent Sanitary and Storm Sewer Easements - Naeve Street at 114th Avenue 11.7 Approve Change To New Dental Plan - From Oregon Dental Service to LOC-Blue Cross Plan II Effective 1/1/86 J 11.8 Receive and File LCDC Grant Information - Grant # M-85173 11.9 Accept Anctil/Cherry Street Dedication and Non-Remonstrance Agreement - SW 81st Avenue Page 7 -- COUNCIL MINUTES - NOVEMBER 25, 1985 11.10 Approve and Authorize Signatures - Summerlake #2 (Phase 4) Subdivision Compliance Agreement & Bond 11.11 Authorize Purchase Of High Density File System - $10,875.23 - Spacesaver Specialists 11.12 Approve Long Range Financial Projection Per ORS 11.13 Approve & Authorize Signatures - Windsor Place Subdivision Compliance Agreement & Bond 11.14 Approve & Authorize Signatures - Chelsey Hill Subdivision Compliance Agreement & Bond 11.15 Approve & Authorize Signatures - Fountains (Phase II) Sanitary & Storm Sewer Compliance Agreement & Bond 11.16 Approve Resolution No, 85-96 Ratifying NW Tigard Annexation Approval 11.17 Approve Entering Into Intergovernmental Agreement With Washington County Re: Civil Forfeiture 11.18 Authorize Police Chief Recruitment Advertisement 11.19 Receive and File: Computer RFP 12. NON-AGENDA ITEMS: From Council and Staff - None presented. RECESS: 9:54 P.M. RECONVENE: 9:55 P.M. 13. EXECUTIVE SESSION: The Tigard City Council went into Executive Session under the provisions of ORS 192.660 (1) (d) & (h) to discuss labor relations and current/pending litigation issues. 14. ADJOURNMENT: 10:00 P.M. 47 D putt' Recorder - City of Tigard ATTEST- 0 - City of Tigard LW/3483A Page 8 - COUNCIL MINUTES - NOVEMBER 25, 1985 TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684-0360 Notice 7-6553 BEAVERTON,OREGON 97075 r Leval Notice Advertising REC e. R/VFl • • E3Tearsheet Notice V 2 a 1985 City of Tigard • PO Box 23397 • ❑ Duplicate Affidavit CI OF j/ Tigard, OR 97223 CARO AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' 1, Theresa Butcher being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the_ Tigard Tim s a newspaper of general circulation as defined in QRS 193.010 and 193.020; published at_, Tigard _in the aforesaid county and state;that the Pu lir+ Hearing 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: November 14401 1985 _ Subscribed an";�Ibal0r'6 me this-NO v• 18 1985 Notary Public for Oregon My Commission Expires: 9/-2o/88 AFFIDAVIT ... i ,w r ZOA $I.. ` �+ r'f1�rUi"11€il�i ^^}� � ;r'rl..'ka`K''1JDA4f;•&'��..Nfr'd�FEE��.•� � A• - _ 51Z, ;fir .t E'•"'F� ` v t WNW !011e,MiN TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684-0360 Notice 7-6 5 6 0 BEAVERTON,OREGON 97075 Legal Notice Advertising r- o • ❑ Tearsheet Notice City of Tigard *PO Box 23397 • ❑ Duplicate Affidavit Vit! Tigard, OR 97223 ^ AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON. )as' 1, Theresa Butcher being first duly sworn, depose and say that I am the Advertising Director,or his principal clerk, of the Tigard Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at T i g_ar d _-in the aforesaid county and�state; thTt the� i n g - 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: Novembe 21 1985 ' Sub>acrlbeda to before me this Nov 22 , 1985 Notary Public for Oregon My Commission Expires: 9/20/88 AFFIDAVIT , SIR, Erle -T- �.ff' Y a gy 1 AGENDA ITEM # — VISITOR'S AGENDA DATE (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. t NAME & ADDRESS TOPIC STAFF CONTACTED t DATE---�-�`'�,Lu I wish to testify before the Tigard City Council on the following item: (Please print the information) � Item Description: o la!Q Proponent (For Issue) opponent (Against Issue) Na Madurese and Affil t Name, Address and Affiliat n Cc C_ a, DATE I wish to testify before the Tigard City Council on {� the following item: (Please print the information) Item Description: t!D /I e-0. N Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation H L 3 i DATE I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: of ` 1t Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation i 3 DATE !flaS/�S I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: �= � 1 C 1 1 ��ecar v�q R3 eA .-.j f;�� . / �i T CPA Proponent (For Issue) opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation -jE DIX - � f N 1 a. DATE I wish to testify before the Tigard City Council on the following item: (Please print the information) S�� ( Item Description: � ��G t �y�'Q J Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation ',1 � �(I" I `'�'7��'1'U}LL '� } l'`�L`� �_i�2•,.I�/ C.r+_�� !�� ..��'. (\�) ` J e �� / �i�>•y L1'1,�-�,� �— r'r::/4 :3 .��``_71.'.x.-L,..-_- i.� �'-L'G�+c.--i{ J ! a.a. a �►�} S C o CCs s _ _ Sam CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY \p AGENDA OF: 11/25/85 AGENDA ITEM #: , DATE SUBMITTED: 11/21/85 PREVIOUS ACTION: ISSUE/AGENDA TITLE: _ Keys to the City PREPARED BY: REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Key Plaque Presentation to Bob McNatt INFORMATION SUMMARY Bob McNatt is retiring from the City of Tigard after over 172 years of loyal service. He started working for the City March 10, 1969 and his last day is November 29, 1985. Good luck Bob! .._ ALTERNATIVES CONSIDERED SUGGESTED ACTION Present Key Plaque to Bob McNatt. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 25, 1985 AGENDA ITEM #: DATE SUBMITTED: November 20, 1985_ _ PREVIOUS ACTION: Historic District Desi nations Were Placed on 3 Sites in ISSUE/AGENDA TITLE: CPA 14-85 October of 1984 - Historic District Designation PREPARED BY: Elizabeth A. Newton REQUESTED BY: p DEPARTMENT HEAD OK: 1 Yh, CITY ADMINISTRATOR: POLICY ISSUE Now should the City address the Historic Overlay District requirement which is a condition of Comprehensive Plan acknowledgement. INFORMATION SUMMARY LCDC has provided the City with grant money to address the last outstanding condition tied to acknowledgement of the City's Comprehensive Plan. Attached is a memo which outlines the requirement and some suggested alternatives. In addition, Dick Matthews, Director of the Washington County Museum will be .. present at the November 25, 1985 City Council meeting to discuss the Historic Overlay Designation with Council. --- ALTERNATIVES CONSIDERED SUGGESTED ACTION The City Council should review the alternatives suggested by Staff, discuss other options and then direct staff to prepare the appropriate documents far action. (2170P) MEMORANDUM CITY OF TIGARD, OREGON TO; Tigard City Council November 20, 1985 FROM: Elizabeth A. Newton, Senior Planner SUBJECT: Historic District Overlay Designation CPA 14--85 As you are all aware, the Land Conservation and Development Commission has acknowledged the City of Tigard's Comprehensive Plan. There is, however, one remaining item which needs to be addressed as a condition of LCDC acknowledgement of the City's plan. One of the elements of Goal 5 (OPEN SPACES, SCENIC AND HISTORIC AREAS, AND NATURAL RESOURCES) is to ensure the protection of sites designated as historic sites by the City. For identification purposes, the City of Tigard used information provided by the Washington County Museum which conducted inventories to identify historic sites throughout Washington County. During the City's Comprehensive Plan adoption process, public hearings were an historic sites. On October 22, 198A, held to determine the City's policy Ordinance 84-62 was adopted which amended Appendix I, ESEE Document, Volume I - Resource Document. The amendment reads as follows: "The City Council wants to encourage the Historic District Overlay designation on historic sites. For that reason, several sites in the City's Planning Area have been identified and the Washington County Museum has conducted cultural inventories for each site. Due to the limitations placed on the property owner by the Historic District Overlay, however, the Council has an informal policy to place the historic overlay designation on sites only with the support of the property owner." Chapter 18.82 (Historic Overlay District) of the Community Development Code, applies to all sites within the City's Urban Growth Boundary which are designated as historic sites. Chapter 18.82 requires sites which are designated as historic to be reviewed by the Hearings Officer prior to demolition or exterior alteration of historic sites. There are specific criteria set forth in Chapter 18.82 for approval of demolition or exterior alteration of a historic site. Because of the stringent requirements set forth in Chapter 18.82, the City Council was reluctant to designate structures as historic without the consent of the property owner. Therefore, the historic designation overlay was only placed on those sites which were supported by the property owner. Memo to Tigard City Council November 20, 1985 ( — Page 2 — The Department of Land Conservation and Development has notified the City that this approach to Goal 5 fails to ensure the protection of identified historic sites and as asked that the City correct this deficiency as a condition of acknowledgement. Mr. Richard Matthews, Director of the Washington County Museum will attend the City Council meeting on November 25, 1985 to explain the Historic District Designation, how the Historic site survey was conducted by the County and how the City might administer the Historic District Designation. The Planning staff has had several conversations with Mr. Matthews and it appears that the Historic District designation need not be as cumbersome as the City perceived originally. On November 5, 1985, the staff presented two alternatives to the Planning Commission to address this LCDC requirement. The Planning Commission rejected both alternatives. After conversations with Mr. Matthews of the Washington County Museum, staff no longer sees those alternatives as viable alternatives. At their November 6, 1985 meeting, NPO #4 considered the alternatives presented to the Planning Commission and voted unanimously to reject them. A copy of the NPO #4 meeting minutes is attached. On November 19, 1985, staff presented two new alternatives to the CCI. Those alternatives are as follows: The first alternative is for the City to go back through the ESEE process for those historic sites in question. This involves conducting an inventory much like the one already conducted by the Washington County Museum. During this process, the City might be able to justify removing the sites in question from consideration as historic sites. The City would have to provide documentation to LCDC that would dispute the Washington County Museum Inventory. In addition, the ESEE process would require a full review by LCDC which could be time consuming. The second alternative is to designate the sites identified by the Museum as historically significant and modify Chapter 18.82 which deals with Historic Districts to be more flexible. One suggested modification would be to include a section on Removal of the Designation as Washington County has done. This would give the Council the option to decide that the site is no longer of significance to the public or that the property owner is bearing an unfair economic burden to maintain the resource. Washington County's ordinance reads as follows: "373-8 REMOVAL OF DESIGNATION Unless revoked, the Historic and Cultural Resource Overlay District Designation may be removed only through a Plan Amendment process (through a Type II or Type IV procedure) . The designation may be removed only upon compelling evidence that the original designation was in error, the resource has ceased to exist or is no longer of significance to the public, based on a re—evaluation of the criteria in Section 373-2.3, or the property owner is bearing on unfair economic burden to maintain ~ the historic or cultural resource. If the review authority only finds evidence of the latter criterion (economic burden), it shall continue the hearing on the matter to a date certain no longer than 180 days from the date the application was accepted. During this period, the County shall explore all reasonable means of protecting the resource, including exploring informational and financial assistance for the property owner or public or private acquisition and/or relocation. If, by the second hearing date a method has not been found assuring the protection of the resource, and the application has not been withdrawn, it shall be approved. If alteration or demolition of the resource is intended, a condition of approval shall be that insofar as feasible and as funds are available, the County Museum shall obtain (1) a pictorial and graphic history of the resource, and (2) artifacts from the resource it deems worthy of preservation." Another suggested modification would be to require owners of property designated with the historic district overlay to submit a plan to the City for alteration or demolition to be reviewed by a committee comprised of a City Councilor, a Planning Commissioner, and a member of the Planning staff. The committee would review the property owner's plan against a set of specific criteria and issue a decision. This approach might be more palatable to the affected property owners because it would eliminate the public hearing, the high fee and the lengthy application process. In addition, the criteria applied could be modified to allow the property owner more flexibility. STAFF RECOMMENDATION Staff recommends that the City Council review the alternative suggested by staff, discuss other options and then direct staff to prepare the appropriate documents for action. r i f v� r low SITE DESIGNATED AS HISTORIC SITES WITHIN THE CITY OF TIGARD URBAN GROWTH BOUNDARY BY THE WASHINGTON COUNTY MUSEUM * Durham Elementary * John F. Tigard House * Windmill 121st/Katherine Joy Theatre Upshaw House/Seven Gables Tigard Grange Tigard Street Farmhouse and Windmill Tigard Feed and Seed * Sites with the Historic District Designation (£AN/21748/br/dmj) TIGARD WILLIAM ARISS'S BLACKSMITH SHOP, MAIN STREET, TIGARD, 0. 1911. e The history of the City of Tigard is a curious one. While the evolution of the city followed a pattern somewhat similar to other cities in the county, i .e., from pioneer settlement community, to village, to incorporation, it underwent an exceptionally prolonged incubation period as a village before officially becoming a city in 1961. The reasons for the relatively late incorporation of the City of Tigard remains something of a mystery. Some of the reasons are no doubt to be found in the evolution of this fanning community in the southeast corner of the county. Wilson M. Tigard, for wham the city was named, arrived in the area in 1852, establishing his DLC near his brother's claim. The area at that time was known as Butte, or East Butte (not to be confused with Butteville farther south). The origins of this name are unclear. W.M. Tigard soon evidenced a flair for lead- ership, being one of the orgi oizers of the East Butte school in 1853, a log building. The community also had sufficient souls for a church, and an Evangelical church as organized, meeting at the school . This use no doubt { accounts for the new frame school built in 1869. The pioneer community continued without much further civic organization until 1880 when Charles F. Tigard, W.M.'s son, built the general store and meeting hall that became the center of the Butte community. Unlike similar commercial developments in the area, such as the general store in Tualatin, the Tigard store was not located on a major frontier roadway. As a consequence, it did not presage substantial future development at that site. The store and its meeting hall upstairs did serve several area fraternal groups, and as a polling place. In 1886 a post office was established at the C.F. Tigard store, and was given the name of Tigardville by C.F. Tigard in honor of his pioneer father. Thus the previous name for the locale, Butte or E. Butte, was superseded by the name of -2- Tigardville. However, as the name officially applied only to the post office, Butte continued in use for the area by locals. Tigardville was not much more than a commercial focal point for a farming community at this time. In the same year the Evangelical organization in Butte built a new church building, called the Emanuel Evangelical Church, at the foot of Bull mountain, south of the Tigard store. In the early 1890's the little community began to grow noticably. John Gaarde opened a blacksmith shop across the road from the Tigard store, and a new E. Butte school was built in 1896 to accommodate more pupils. The growth in the community was based in large part on the influx of many German settlers during the 1880's and 90's. Many German families and individuals from the midwest, or direct from Europe settled here due to the rich small farmholds available in the area. The German population of the community does not seem to have been a fac- tor in its early identity, unlike the ethnic populations in Helvetia and Ve rboo rt. As with other such communities in Washington County, the real pivotal point in Tigard's history was the arrival of the electric interurban commuter trains that radiated out of Portland in the first decades of the twentieth century. It was the anticipation of the arrival of rail service that caused both a geographic reorientation for Tiga rdville and a major increase in development. Between 1907 and 1910, several new commercial buildings were built along what was to become Main Street. The focus for the emerging village had moved northeast approxima- tely one mile to the new rail stop. In 1907 Germainia Hall was built, a two story frame building featuring a restaurant, a grocery store, a dance hall and -3- rooms to rent. Two other buildings, a shop and post office combination, and a livery stable were built all on the east side of the road between the rail line right-of-way and Burnam Street, although the livery stable was moved across the road later. In 1908 limited telephone service began in Tigardville. In 1910, the Oregon Electric Railroad began its daily service to Tigardville, and almost immediately the railroad shortened the name on its station to Tigard, in order to avoid confusion with Wilsonville, located to the south. As the village was not an incorporated city the change was by fiat of the OERR, and it held. There is no record of any effort to oppose the change, so it appears that it was not an issue to the locals. In 1911 the Tualatin Valley Electric company electrified the Tigard community, joining it to a service grid that included Sherwood and Tualatin. In 1912 William Ariss built a blacksmith shop on Main Street, a business that evolved over the years into a modern service station. The new Tigard was taking on the look of a typical small town, with dirt streets, board walks, and wood frame, false-fronted shops. (Main Street was not paved or provided with concrete walks until the late 130s). In the same year, St. Anthony's Catholic church built a new brick school to accommodate its growing student body. The parish had organized itself a few years earlier, and had recruited vigorously amongst the large German community, to the extent that German-language services were a feature of the parish. It is during this period that Tigard became something of an anomaly when com- pared to the histories of other Washington County cities. The commercial deve- lopment caused by rail service usually resulted in incorporation within a few years. This was not the case in Tigard, and the reasons for this are unclear. _ JEW mom mm- -4- v It may well be that there simply was not the civic leadership in Tigard to push �f for incorporation. In other county cities, it was often a business-oriented outsider with a broader perspective that pushed for incorporation, or a highly entrepreneurial local individual . In any event, no such leadership was present during the period of Tigard's initial growth, nor was there any evident support amongst its citizens for incorporation. Tigard's population in 1915 was approximately 300. The Southern Pacific's "Red Electric" had by then joined the O.E. in providing commuter rail service to Tigard, on a parallel right-of-way. A period account characterized Tigard as a rail stop surrounded by fruit, walnuts and truck gardens. Over the next dozen years Tigard expanded its business community. In 1916 the Tigard Lumber Co. was initiated by the Johnson family, a major business on Main Street based on the new rail line. The company's success was based in large part on new homes built .. in the Tigard area. Another new business was a mattress factory in 1923. In the same year, Tigard got its first newspaper, the Tigard Sentinel. Perhaps more important to Tigard's history, Tigard was transected by the new 2-lane Capitol Highway. The auto had come of age, and Tigard's commercial district was by- passed by the new highway. The Lone Oak Service station was the first highway- related business built on the route. In 1925, Tigard acquired its first bank, organized by prominent locals, a bank which never closed its doors during the Depression. Other new businesses opened on Main Street, a Union High School district was formed, and a commercial club was organized. It was this organiza- tion that seemed to contain the seeds of civic leadership, as a volunteer fire department was a high priority on its agenda. In 1927 a major development for Tigard occurred when the Johnson building, a 2-story structure housing a drug -5- store, 5-store, coffee shop and post office was built north of the rail line. Johnson ^ drained a swampy area, and built not only this building but an auto dealership and a garage. Prior to this time, the north side of the tracks was simply residential . By Y the early thirties the population had not grown much beyond the 300 of 1915 ies slackened, and a major fire on Main (328 in 1928). The growth of the twent prompted a prominent businessman, Mr. Schube ring, (whose store the fire damaged) to advocate incorporation and real fire protection. Tigard was still relying on the Portland Fire Department at this time. One of the more interesting aspects of the Depression years was the presence of a "Hooverville" on the rail line near the Huntzike r farm outside Tigard. This encampment remained throughout the war and after. In 1940, an overpass for the Capitol Highway was built just west of main street, resulting in the move of a few of the old commercial buildings on Main. Tigard's history during the war and post-war years was quiet. it was primarily a small community on Portland's southwest edge. The pressures toward and interest in incorporation apparently became irresistable, even for stolid Tigard, and at the surprisingly late date of 1961, Tigard legally became a city. In the early 1960's, Tigard's population was c. 2,000; by 1970, it was 6,300, and today is 18,3641 Clearly the last twenty years have in many ways overwhelmed and transformed Tigard beyond recognition from even its pre-World War 11 days. Future scholars will have much work in dealing with Tigard's more recent past, and how it dealt with the rapid growth of the seventies and eighties. UIQ �(C�_JG "I � car Zi I., 61 TIGARU- --.__-]_ ,,�,.,[�Q`/ d �� 'rte .V� ��r [� � \�...,,.. _�:•i� �g 4.... .4 `S� .N«.c re® uses O..w. ..'U. L t TIGARD: Findings o In a September 16th, 1983 memorandum concerning LCDC Goal 5 analysis, the Tigard Planning Dept. staff presented a list of 8 cultural resources, including the city's one National Register site, the Tigard House, that had been identified in a field study. After a preliminary windshield survey, the Museum project staff identified and surveyed an additional 7 resources. All 8 of the originally identified resources as well as the 7 newly surveyed resources rated as primary after the inventory evaluation. o Many of the cultural resources associated with the original development of the Tigard area have not survived the record growth of the city during recent years. Various improvements to the Pacific Highway have also contributed to the demise of the city's resource base. Those resources that have survived include a mix of residential , educational and commercial buildings. The resource findings, listed by type, are: Buildings surveyed: 12 Structures surveyed: 2 After initial research and inventory evaluation: Inventory buildings: 15 (incuding one National Register site, the Tigard House) o The City of Tigard has an adopted Cultural Resource Overlay District which addresses the management of significant historic resources. o Our thanks to the Tigard Planning Dept. for their allocation of staff time for typing the final inventory forms as well as providing for photographic supplies and development funds. CITY OF TIGARD NATIONAL REGISTER SITES: o John Tigard Nouse, c. 1880 Location: 10310 S.W. Canterbury Lane, Tigard County Survey and Inventory No. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 25, 1985 AGENDA ITEM #: DATE SUBMITTED: November 21, 1985 PREVIOUS ACTION: Adoption of ISSUE/AGENDA TITLE: Ordinance to Resolution Declaring Intent Form Hall/Burnham L.I.D. PREPARED BY: Duane Roberts 7 1- REQUESTED BY: Bob Jean DEPARTMENT HEAD OK: _ CITY ADMINISTRATOR: POLICY ISSUE To form the Local Improvement District to make half-street improvements on SW Ball/Burnham. !� INFORMATION SUMMARY Attached is a proposed Hall/Burnham LTD Formation Ordinance based on a special modifying letter submitted by the project engineer. Modifications include (4 excluding Tigard Electric from the LID, property owners giving land, center street improvement eliminated. ALTERNATIVES CONSIDERED 1. Adopt the proposed ordinance. 2. Adopt a revised ordinance. 3. Decide not to proceed with formation. SUGGESTED ACTION Adopt proposed ordinance. (DR:br/3456A) re�aana- = sri■��t�.M CITY OF TIGARD, OREGON ORDINANCE NO. 85- AN ORDINANCE MODIFYING, CONFIRMING, AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF OCTOBER 28, 1985, WITH RESPECT TO SW HALL/BURNHAM (STREET) IMPROVEMENT DISTRICT LID 1185-1; APPROVING, RATIFYING AND ADOPTING AMENDED PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF SAID STREET IMPROVEMENT: DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO: DIRECTING SOLICITATION OF BIDS FOR CONSTRUCTION: PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS, AND DECLARING AN EMERGENCY. WHEREAS, a resolution was duly passed by the City Council of the City of Tigard at its regular meeting of October 28, 1985, copy attached, and by this reference, made a part hereof to the same legal force and effect as if set forth herein in full, by the terms of which the boundaries of a proposed street improvement assessment district were described, and the Council declared its intention to construct street improvements and to assess the costs thereof against the property within the boundaries specially benefitted; and WHEREAS, by the terms of said resolution a hearing was duly called to be held in Fowler Junior High School, 10865 SW Walnut Street, Tigard, Oregon, on November 25, 1985, the hour of 7:00 P.M. for the purpose of affording an opportunity to any parties aggrieved by the proposal to make objections or remonstrances to the proposed improvement; and WHEREAS, pursuant to said resolution, due and legal notice of said hearing was given by publication in the Tigard Times on November 7, 1985, prior to said hearings; and WHEREAS, said hearing was duly and regularly called to order and held in Fowler Junior High School at 10865 SW Walnut Street, Tigard, Oregon, on November 25, 1985, at the hour of 7:00 P.M. ; and WHEREAS, the Tigard City Council of November 25, 1985, found it necessary as a result of the public hearing to modify the boundary and scope of the project as represented in Exhibit "A". WHEREAS, by the terms of said resolution and publication, written objections or remonstrances from the owners of not less than 66-2/3% of the property within the boundaries of said area were invited, and all objections and remonstrances as thus presented prior to and at the hearing represent the owners of less than 66--2/3% of the property in the area within the improvement assessment district and that the percentage of remonstrances is not a ban to further proceedings in the making of said improvements; and ORDINANCE NO. 85- Page 1 s WHEREAS, all proceedings to date have been in conformity with ORS 223.387 and 223.359 and Tigard Municipal Code, Chapter 13, of the City of Tigard, and all procedures were regularly and lawfully conducted; THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That all matters set forth in the resolution of the City Council of the City of Tigard, Oregon, on October 28, 1985, a copy whereof is hereto attached marked Exhibit "B" and by reference herein made a part hereof to the same legal force and effect as if set forth herein in full, be, and the same are hereby approved, ratified and confirmed, except that the engineer's report be amended to incorporate relevant public hearing engineering testimony and the boundaries of the area known as SW Hall/Burnham (Street) Improvement District as heretofore described in said resolution be, and the same are hereby declared and fixed in accordance with said description, except that Tax Map 3S1 2DA, Tax Lot #200 be excluded from the Improvement District, said improvements to extend to within sever, feet (westerly) of the roadway centerline and, that additional right--of-way be donated. Section 2: That the City Council of the City of Tigard, having acquired jurisdiction to order the improvement to be made, does hereby authorize and direct the construction of street improvements within the boundary of said SW Hall/Burnham Street Improvement District in conformity in all reasonable particulars with the plans and specifications by said resolution adopted and hereby amended, ratified and confirmed. Section 3: That the City Administrator and the City Engineer be, and they are hereby, directed to invite proposals for the construction of said improvements by publication in the Tigard Times in not less than ten (10) days prior to the date and time for opening of bids in the City of Tigard, Oregon, City Hall, all proposals to be then and there publicly read. Section 4: That all lands situated within the boundaries described on the attached Exhibit "B", excluding Tax Map 2S1-2DA, Tax Lot #200, are determined and declared to be a street improvement assessment district, and it is further declared that each lot, part of lot and parcel of land within said boundaries will be especi.,ly benefitted by said improvements, and that the estimated ::ost is $135,000 for said improvements, the assessable costs are estimated to be $135,000 which shall be assessed in full, according to benefit against all lands within said improvement district. ORDINANCE NO. 85- Page 2 Section 5: The Tigard City Council finds that the SW Hall/Burnham LID #85-1 improvements are of the character described in ORS 223.205, and that they therefore qualify for financing by general obligation improvement warrants pursuant to ORS 287.502 - 287.510. Section 6: General obligation improvement warrants for the SW Hall/Burnham LID #85-1 are hereby authorized to be issued in the aggregate amount of $135,000. The warrants shall bear interest at the lowest rate that the City can borrow on the date of issuance and shall constitute a general obligation of the City of Tigard that shall mature on or before two years after date of issue, but not later than Warrants shall be retired as funds are received in accordance with ORS 287.506. Section 7: The Mayor and City Recorder are hereby authorized to execute the described warrants on behalf of the City of Tigard. Section 8: That inasmuch as it is necessary for the peace, health, and safety of the people of the City of Tigard that the said improvements be constructed with the least possible delay, an emergency is hereby declared to exist, and this ordinance shall become effective upon its passage by the Council and signature by the Mayor. PASSED: By vote of all Council members present after being read by number and title only, this day �. of , 1985. Loreen R. Wilson, Deputy Recorder APPROVED: This _ _ day of 1985. John E. Cook, Mayor (2174P) ORDINANCE NO. 85- Page 3 IN S.W. Hall Blvd. LID EXHIBIT "A" Revised 10/85 Addendum 1 CONSTT VV- TCW COST ESTIMATE Additional meetings were held with property owners in November 1985 to discuss the proposed improvements- One alternative discussed was to eliminate T/L 200 from the LID, improve the road to approximately 7 feet from the center line and assume additional right-of-way would :be donated. The costs for this alternate are as follows: Item Improvements Street improvements to curbs $ 43,000 Sidewalks 15,000 Storm drainage 33,000 Subtotal Construction Costs $ 91,000 Administration, engineering and contingency $ 44,000 PROJECT COSTS $ 135,000 °s 3 The proposed assessments for this alternate, shown in Table 2, would be F reduced to the following amounts: i Half--Street ` Tax Lot Owner (West) i i 4-,0 Richard N. Sturgis $ 18,000 } 401 City of Tigard 72,000 702 Richard N. & Francis C. Sturgis 19,000 701 Tigard Christian Church 26,000 Total for Half-Street $135,000 F EXHIBIT "B" CITY OF TIGARD, OREGON RESOLUTION NO. 85- 97 DECLARING AN INTENTION TO FORM A LOCAL IMPROVEMENT DISTRICT TO CONSTRUCT HALF STREET IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE SW HALL/BURNHAM, SEITING A PUBLIC HEARING AND DIRECTING NOTICE TO BE GIVEN. WHEREAS, the City Council has ordered preparation of a preliminary engineering report, and WHEREAS, pursuant to City of Tigard Ordinance No. 85-40, City Council finds it expedient and necessary to order the improvement of the hereinbelow described lands by construction of half-street facilities and appurtenances thereto, and pursuant thereto the City's Engineer has submitted to the Council plans, specifications, and estimates for the work to be done and the probable cost thereof, together with a statement of the lots, parts of lots and parcels of land to be benefitted and the apportionment of the total cost of the improvements which each of said lots, parts of the lots and parcels of land shall be assessed on account of the benefits derived; and WHEREAS, the Council finds that said plans, specifications and estimates are satisfactory. NOW, THEREFORE, BE 11RESOLVED by the Tigard City Council that: (a) That the City Council does hereby deem it expedient and necessary, and does hereby declare it's intention to improve the aforesaid portion of SW Hall/Burnham by construction of curb, sidewalk, street, storm sewer, and appurtenance thereto. (b) That all lands situated within the boundaries described on the attached "Exhibit A" are determined and declared to be a street. Improvement assessment district, to be known as SW Hall/Burnham Improvement District 85-01, and it is further declared that each lot, part of lot and parcel of land within said boundaries will be especially benefitted by said improvements, and that the total estimated cost of $253,000.00for said improvements shall be assessed in full, on a front footage and area basis, against all lands within said improvement district. (c) That the plans, specifications and estimates with respect to the improvements as submitted by the City' s Engineers be, and the same are, hereby adopted and ordered to be maintained on file by the City Recorder for public inspection. RESOLUTION NO. 85-- ?7 Page 1 :l _ r (d) That Monday November 25, 1985 the City Council will hold a public hearing at Fowler Junior High School, 10865 SW Walnut. Tigard, Oregon. beginning at 7:00 p.m. . At this time City Council will consider objections or remonstrances to the proposed improvement by any parties aggrieved thereby. (e) The City Recorder is hereby directed to give notice in the Tigard Times November 14, 1985. .` (f) Oral or written objections and remonstrances shall be made with the City Recorder prior to the close of the public hearing. PASSED: This day of 1985. Mayor - City of Tigard ATTEST: Deputy City Recorder - City of Tigard (2036 ►) i i RES04tfTI0N NO In,- r E Page 2 EXHIBIT "A" Description of Assessment and district boundary for Local Improvement District 85-1 (Hall-Burnham) A tract of land located in the East half of Section 2, Township 2 South, Range 1 West, W.M. , City of Tigard, Washington County, Oregon; said tract being more particularly described as follows: Beginning at the intersection of tha north line of SW O'Mara Street (County Road No. 567) with the west line of SW Hall. Blvd. (County Road No. 227) thence North 440 38' 00" West 280 feet, more or less to a point that is 220 feet west of the west line of said SW Hall Blvd. (when measured at right angles); thence parallel with the west line of said SW Hall Blvd. 970 feet, more or less, to the south line of that tract of land conveyed to Robert and Marilyn Hudson and recorded in document No. 78-55052, Washington County Deed records, thence on the boundary of said Hudson tract North 890 00' 00" west 70 feet, more or less, to the southwest corner thereof; thence North 010 30' East 160 feet to the south line of SW Burnham Street (County Road No. 997); thence on the south line of said Burnham Street South 890 00' 00" East 170 feet, more or less, to the west line of the relocated SW Hall Blvd. , thence southesterly and southerly on said relocated line and the west line of County Road No, 227 1350 feet, more or less, to the point of beginning. Excepting therefrom that portion of property along SW Hall Blvd. and SW Burnham Street that will be dedicated as public road right—of--way. (RSC:bs/1725P) z' ;f rz R. D. SCHMITZ C Route 3, Box 272-S Sherwood, Oregon 97223 CITY OF TIGARD, OREGON12800 S.W. Ash Tigard, Street Oregon 97223 Reference: Proposed LID at S.W. Hail Boulevard and S.W. Burnham Street Ladies and Gentlemen: As expressed in previous public meetings, the City of Tigard, Oregon has proposed that adjacent landowners enter into a Local Improvement District (LID) agreement, the purpose of which is to coerce landowners into providing street sidewalks and "bike paths", all for the benefit of the new City Hall complex currently under construction. As owner of the property at 8720 S.W. Burnham Street in Tigard, Oregon, I formally submit that I am: 1) NOT interested in the establishment of any such Local Improvement District (LID); and, 2) NOT interested in donating any of my property to the City of Tigard, Oregon. I have publicly expressed that I am completely negative to and against any of your proposed changes to date as they have pertained to my property, especially as these proposals have offered absolutely NO gain to myself, but immense gains to the City of Tigard and its subsidiary, Tigard Water District. The equation is inequitable and therefore, unacceptable to me. Kindly leave me alone and let me conduct my business. For the recor , am: R. D. Sc mitt Landowner: 8720 S.W. Burnham Street Tigard, Oregon 97223 cc: Allen, Kilmer, Schrader, Yasbeck & Chenowith, P.C. Cushman & Wakefield of Oregon, Inc./Realtors Letter: 23, September, 1985 tv ZYgard Christ`afr Olfzwk 13405 S.W.Hall Blvd. Tigard,Oregon 97223.8198 Phone 639-5713 July 26, 1985 Gentlemen: RE: Letter to Thomas J. Sullivan, Bated July 23, 1985 - Correction Ministers Attached please find .a corrected cover letter which we request that Rob Blakely you replace on the above mentioned letter which you have already Clare Buhler received. When the letter was originally typed, part of the infor- ClitfBerger mation in paragraph 4 was inadvertently left out and this new cover letter should clarify things. t'wAisaionaries TIM Doty Again, thank you for your consideration. Steve Fleenor Bob Chapman S' cerel�i�- Ted Bjonm Tom Fon Phil Edin, Chairman Building Committee PE:dd „� ..i:.' 'Cigars' Cllristiali 01f wrelf 13405 S.W.Hall Blvd. Tigard.Oregon 97223 Phone 639-5713 July 23, 1985 Mr, Thomas J. Sullivan Tigard Transportation Committee c/o Tigard City Hall Ministers c/o Oregon 97223 Rob Blakely Clare Buhler Cktt Berger Dear Mr. Sullivan: Missionaries On your August 1st meeting agenda is a discussion of Hall Boulevard rim Doty construction standards. And, as you are aware, Tigard Christian Steve Fleenor Church is an affected property owner. While we plan to attend your Bob Chapman meeting to offer input, we think it preferable to provide early TedSjorem written comments so that both you and city staff have opportunity to review our thoughts. As mentioned at the July 15th council meeting, the church has diffi- culty siting its proposed building while at the same time donating 20' of its property for additional right of way. Consequently, we have been searching for possible ways to accommodate our construction project and at the same time accommodating necessary street improve- ments. As we travel Hall Boulevard from Pacific Highway to Bonita Road, we notice numerous properties which cannot accommodate an 80' right of way and still provide adequate setbacks. Some examples are: Tigard Electric, The Bus Company property, homes on Hall close to McDonald and homes along Hall close to Pinebrook. We offer these examples to document that the street improvement standards issue is much larger ' and affects many more property owners than just Tigard Christian Church. In our opinion, the improvement standard of 40' from center line (8' of turn lane + 14' of travel lane + 6' of bikepath + 8' of side- walk + 4' of landscape strip) is not only excessive for Hall Boulevard but also not practical given financial constraints and projected traffic loads for this street. As a practical alternative, we would suggest an interim standard built on the precedent of 72nd Avenue. On 72nd Avenue you will find an improvement standard of 20' from center line with sidewalks, landscape strip, etc. as easements overlaid on private property where necessary. To assist the committee to envision what we are suggesting, we are attaching a drawing showing our proposal for Hall Boulevard construc- tion standards. Mr. Thomas J. Sullivan Page 2 July 23, 1985 i A standard of 40' of pavement (20' from center line) offers a number of practi- cal advantages for the city. They are: 1. City sidewalk and bikepath property kept in private property ownership would remain on the tax rolls. 2. By placing the bikepath on the outside of the curb, bikers are kept away from vehicle traffic and encouraged to cross Hall Boulevard at designated street corners. 3. Along Hall Boulevard are natural trees and vegetation which should be preserved. By using an easement approach for both bikepaths and sidewalks, the city has the ability to create a meandering pathway so as to avoid removing trees, etc. (See Pac Trusts' meandering sidewalk on Upper Boones Ferry Road as an example of such construction; also the bikepath on Green- burg Road.) 4. By using an easement approach, the construction of both the bikepath and sidewalk can better accommodate .ivrejgular terrain. (The use of asphalt material would work better in irregular terrain). The city benefits fro-.1 reduced construction costs as well as improved aesthetics. 5. Property owners, such as Mr. Sturgis, who are yet to develop their property have expressed concern for the loss of private property should they have to �• contribute 20' of right of way. By leaving their land in private ow;;_rship but granting easements to the city, the developers can use the land in coverage calculations and construct larger structures which in turn increase tax revenues on the improvements. Supporting our proposal is the assumption that all structures would be setback 20' from the property line, leaving a total of at least 80' from structure to structure. If in the future, funds are available for 4 lanes, the city would then acquire 6 additional feet on each side giving it 52' of pavement (4-12' travel lanes and a 4' center median, if desired). This would still allow 28' (16' per side) for sidewalks, bikepaths and landscaping. We also point out in.our'specific case, that the 20' setback requirement is due to the underlying residential zone. Our use is actually commercial/institutional which zone allows only a 10' setback. !� We believe our proposal satisfies both the intent of the City Council policy and the development code as well as provides relief for the various affected pro=erty owners. We encourage your committee to support such a construction standard and to forward it with your recommendation to the City Council. • f r_ Mr. Thomas J. Sullivan Page Three July 23, 1985 Sincerely yours, Do Geary, TFustee Phil Edin, Chairman - Building Committee DG:PE:dd Enclosure (1) cc: Mr. Bill Monahan - Tigard City Hall Mr. Randy Clarno - Tigard City Hall Members of Transportation Committee t ' o L _ 1 o . a � y d G ' I cc a N � t ►` o a a. O f- + . a c O'DONNELL, RAMis, ELLIOTT Sc CREW ATTORNEYS AT LAW CANEY OFFICE MARK P. O'DONNELL 161 N.GRANT, SUITE202 TIMOTHY V. RAMIS BALLOW & WRIGHT BUILDING KENNETH M. ELLIOTT CANDY.OREGON 9701133 1727 N.W.HOYT STREET l5031 266-1149 STEPHEN F. CREW CHARLES E.CORRIGAN• PORTLAND.OREGON 97209 (503) 222.4402 ADMINISTRATIVE ASSISTANT _ MARGARET C. HAND ADRIANNE J.BROCKMAN SHARON L.WILLIAMS OF COUNSEL PLEASE REPLY TO PORTLAND OFFICE KATHERINE A. FLYNN +ALSO ADMITTED TO PRACTICE COMPTROLLER IN STATE OF WASHINGTON PRISCILLA E.WAY November 19, 1985 Mr. R. D. Schmitz Route 3, Box 272-S Sherwood, OR 97140 Re: City of Tigard - Hall Boulevard LID Dear Mr. Schmitz: I met on Tuesday, November 19, 1985, with the City Administrator and project engineer. I relayed to them your concerns expressed to me in our telephone conversation of November 12, 1985, regarding inclusion of the Tigard Electric property in the - - proposed Hall Boulevard LID. The city officials were responsive to your concerns and decided it would be appropriate to redraw the LID boundary to exclude the Tigard Electric property from the assessment district. The scope of the project will also be reduced. However, the city does intend to install a traffic signal at the intersection of Hall and Burnham, subject to state approval. The city will also need to acquire additional right-of-way along Tigard Electric's Hall Boulevard frontage. In order to save on time and attorney's fees required for an eminent domain proceeding, the city proposes that a team of three, independent MAI appraisers determine the market value of the frontage. I would recommend that you select one MAI appraiser, the city select one MAI appraiser and the two appraisers chosen would select a third to complete the panel of three. The appraisal arrived at by the panel of three would be binding upon both the city and the property owner. By copy of this letter to your attorney, I am requesting that Mr. Allen review this proposal with you and let me know your response at his earliest convenience. As a preliminary matter, both parties would need to agree on the square footage to be acquired. I spoke with Mr. Cato about your Mr. R. D. Schmitz November 19, 1985 Page two concerns with the survey errors in the area. He told me that he concurs with your opinion that there is an error, but that it is in the form of a gap between the existing right-of-way and tht metes and bounds description of your property. The error should be easily corrected by city purchase of that open area from you. Finally, the city wants to make it very clear to you that removal of the Tigard Electric property from the LID in no way constitutes a waiver of the city's right to condition future development permits on completion of the required public improve- ments adjacent to your property. In light of the city's decision, I don't believe it will be necessary to have the meeting I had suggested in my letter of November 18, 1985. However, I will look forward to a response from you or your attorney concerning my proposal for the property appraisal. Sincerely yours, Kenneth M. Elliott KME:mch cc: F. Gordon Allen, Esq. Bob Jean, Tigard City Administrator +'`� Stuart Cato, P. E. Bill Monahan, City of ,Tigard CIE 0 RECEIVED 100 ';F;,, . RCHI TELT t4fj r, November 19, 1985 QTY OF TIGARO Mr. Duane Roberts Assistant Planner City OF Tigard S.W. Burnham Ave. Tigard, Ore. 97224 Dear Mr. Roberts: : This letter is in response to the information I have received regarding formation of a local improvement district to fund street improvements on Hall Blvd. between O'Mara Street and Burnham Ave. The comments I have to make are applicable to both properties I represent, Tax lot 702 and Tax lot 400. While I am sure that all effected property owners would desire an enhanced Hall Blvd. , at the present time I will have to cast my two votes in opposition to the formation of this local improvement district. My reasons are listed below. { First of all, the cost of said improvements is disproportionate tc, the preceived benefits. Secindly, I do not favor acquiring right of way by paying for it with L.I.D. funds. Thirdly, I don't feel that the L.I.D. members,having had no representation in engineering process conducted to date, should be obligated to pick up the tab for said engineering fees. I would welcome the opportunity to reconsider this in the future if my listed concerns can be dealt with in a satisfactory manor. Sincerely r Rich d r s CC. Tigard City Recorder RICHARD N. STURGIS A.I.A. 2216 S.W. SUNSET BLVD. PORTLAND. ORE. 97201 5 0 3 2 4 6 6 5 2 0 , S.W. Hall Blvd. LID Revised. 101.85 '—Page 11 Addendum 1 CONSTRUCTION COST ESTIMATE Additional meetings were held with property owners in November 1985 to discuss the proposed improvements. One alternative discussed was to eliminate T/L 200 from the LID, improve the road to approximately 7 feet frau the center line and assume additional right-of-way would be donated. The costs for this alternate are as follows: Item Improvements Street improvements to curbs $ 43,000 Sidewalks 15,000 Storm drainage 33,000 Subtotal Construction Costs $ 91,000 Administration, engineering and oontingency $ 4fi Ono PROJECT COSTS $ 137,000 The proposed assessments for this alternate, shown in Table 2, would be reduced to the following amounts: Half-Street Tax Lot Caner (West)) 400 Richard N. Sturgis $ 18,000 401 City of Tigard 73,000 702 Richard N. & Francis C. Sturgis 19,000 701 Tigard Christian Church 27,000 Total for Half-Street $137,000 CITY OF TIGARD, OREGON ORDINANCE NO. 85— AN ORDINANCE MODIFYING, CONFIRMING, AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF OCTOBER 28, 1985, WITH RESPECT TO SW HALL/BURNHAM (STREET) IMPROVEMENT DISTRICT LID #85-1; APPROVING, RATIFYING AND ADOPTING AMENDED PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF SAID STREET IMPROVEMENT: DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO: DIRECTING SOLICITATION OF BIDS FOR CONSTRUCTION: PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS, AND DECLARING AN EMERGENCY. WHEREAS, a resolution was duly passed by the City Council of the City of Tigard at its regular meeting of Octpber 28, 1985, copy attached, and by this reference, made a part hereof to the ame legal force and effect as if set forth herein in full, by the terms of which the boundaries of a proposed street improvement assessment district were described, and the Council declared its intention to construct street improvements and to assess the costs thereof against the property within the boundaries specially benefitted; and WHEREAS, by the terms of said resolution a hearing was duly called to be held in Fowler Junior High School, 10865 SW Walnut Street, Tigard, Oregon, on November 25, 1985, the hour of 7:00 P.M. for the purpose of affording an opportunity to any parties aggrieved by the proposal to make objections or remonstrances to the proposed improvement; and WHEREAS, pursuant to said resolution, due and legal notice of said hearing was given by publication in the Tigard Times on November 7, 1985, prior to said hearings; and WHEREAS, said hearing was duly and regularly called to order and held in Fowler Junior High School at 10865 SW Walnut Street, Tigard, Oregon, on November 25, 1985, at the hour of 7:00 P.M. ; and WHEREAS, the Tigard City Council of November 25, 1985, found it necessary as a result of the public hearing to modify the boundary and scope of the project as represented in Exhibit "A". WHEREAS, by the terms of said resolution and publication, written objections or remonstrances from the owners of not less than 66-2/3% of the property within the boundaries of said area were invited, and all objections and remonstrances as thus presented prior to and at the hearing represent the owners of less than 66-2/3% of the property in the area within the improvement assessment district and that the percentage of remonstrances is not a ban to further proceedings in the making of said improvements; and ORDINANCE NO. 85-- Page 1 WHEREAS, all proceedings to date have been in conformity with ORS 223.387 and 223.359 and Tigard Municipal Code, Chapter 13, of the City of Tigard, and all procedures were regularly and lawfully conducted; THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That =ill matters set forth in the resolution of the City Council of the City of Tigard, Oregon, on October 28, 1985, a copy whereof is hereto attached marked Exhibit "B" and by reference herein made a part hereof to the same legal force and effect as if set forth herein in full, be, and the same are hereby approved, ratified and confirmed, except that the engineer's report be amended to incorporate relevant public hearing ;engineering testimony and the boundaries of the area known as SW Hall/Burnham (Street) Improvement District as heretofore i #r'� .t��' =• described in said resolution he, and the same are hereby declared "' t' ..,and fixed in accordance with said description, except that Tax °.. xeMap 3S1 2DA, Tax Lot #ZOO be excluded from the Improvement District, said improvements to extend to within seven feet (westerly) of the road,Way centerline ( and, that additional right—of-way be donated - Section 2: That the City Council of the City of Tigard, having acquired jurisdiction to order the improvement to be made, does hereby authorize and direct the construction of street improvements within the boundary of said SW Hall/Burnham Street Improvement District in conformity in all reasonable particulars with the plans and specifications by said resolution adopted and hereby amended, ratified and confirmed. Section 3: That the City Administrator and the City Engineer be, and •'they are hereby, directed to invite proposals for the construction of said improvements by publication in the Tigard Times in not less than ten (10) days prior to the date and time for opening of bids in the City of Tigard, Oregon, City Hall, all proposals to be then and there publicly read. Section 4: That all lands situated within the boundaries described on the attached Exhibit "B", excluding Tax Map 2S1-20A, Tax Lot #200, are determined and declared to be a street improvement assessment district, and it is further declared that each lot, part of lot and parcel of land within said boundaries will b-! especially fitted by said improvements, and that the estimated cost is elmated for sai rovements, the assessable costs are to be s13'�,9W which shall be assessed in full, according to ben it ainst all lands within said improvement district. ORDINANCE NO. 85— Page 2 000 Section 5: The Tigard City Council finds that the SW Nall/Burnham LID #85-1 improvements are of the character described in ORS 223.205, and that they therefore qualify for financing by general obligation improvement warrants pursuant to ORS 287.502 — 287.510. Section 6: General obli n improvement warrants for the SW Hall/Burnham LID #85-1 a h reby authorized to be issued in the aggregate amount of 1 00. The warrants shall bear interest at the lowest rate th the City can borrow on the date of issuance and shall consti gent obligation of the City of Tigard that shall matur on or befOr two years after date of issue, but not later than Warrants shall be retired as funds are r ceivect -accorda qe with ORS 287.506. Section 7: The Mayor and y Recorder ar hereby authorized to execute the described wa nts on be a f f the City of Tigard. Section 8: That inasmuch is necessary for the peace, health, and safety of the people of the City of Tigard that the said improvements be constructed with the least possible delay, an emergency is hereby declared to exist, and this ordinance shall become effective upon its passage by the Council and signature by the Mayor. PASSED: By _ vote of all Council members present afterday being read by number and title only, this of 1985. Loreen R. Wilson, Deputy Recorder APPROyEO: This day of 1985. John E. Cook, Mayor YY. (2174P) ORDINANCE NO. 85- .;.. Page 3 S.W. Hall Blvd. LID EXHIBIT "A" Revised 10/85 �. Addendum 1 CONSTRUCTION COST ESTIMATE Additional meetings were held with property a:'ners in November 1985 to discuss the proposed improvements. One alternative discussed was to eliminate T/L 200 from the LID, improve the road to approximately 7 feet from the center line and assume additional right-of-way would .-be donated. The costs for this alternate are as follows: Item Improvements r Street improvements to curbs $ 43,000 Sidewalks 15,000 Storm drainage 33,000 Subtotal Construction Costs $ 91,000 Administration, engineering and contingency 7 PROJECT COSTS $ 135'000 The proposed assessments for this alternate, shown in Table 2, would be reduced to the following amounts: Half-Street Tax Lot Owner (West) 400 Richard N. Sturgis $ 18,000 401 City of Tigard 72.000 702 Richard N. & Francis C. Sturgis 19,000 701 Tigard Christian Church 26,000 Total for Half-Street $13`,000 EXHIBIT "B" CITY OF TIGARD, OREGON RESOLUTION NO. 85-� DECLARING AN INTENTION TO FORM A LOCAL IMPROVEMENT DISTRICT I'D CONSTRUCT 14ALF STREET IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE SW HALL/BURNHAM, SETTING A PUBLIC HEARING AND DIRECTING NOTICE TO BE GIVEN. WHEREAS, the City Council has ordered preparation of a preliminary engineering report, and WHEREAS, pursuant to City of Tigard Ordinance No. 85-40, City Council finds it expedient and necessary to order the improvement of the hereinbelow described lands by construction of half-street facilities and appurtenances thereto. and pursuant thereto the City's Engineer has submitted to the Council plans, specifications, and estimates for the work to be done and the probable cost thereof, together with a statement of the lots, parts of lots and parcels of land to be benefitted and the apportionment of the total cost of the improvements which each of said lots, parts of the lots and parcels of land shall be assessed on account of the benefits derived; and WHEREAS, the Council finds that said plans, specifications and estimates are satisfactory. NOW, THEREFORE, BE I1' RESOLVED by the Tigard City Council. that: (a) That the City Council does hereby deem it expedient and necessary, and does hereby declare it's intention to improve the aforesaid portion of SW Hall/Burnham by construction of curb, sidewalk, street, storm sewer, and appurtenance thereto. (b) That all lands situated within the boundaries described on the attached "Exhibit A" are determined and declared to be a street. Improvement assessment district, to be known as SW Hall/Burnham Improvement District 85-01, and it is further declared that each lot, part of lot and parcel of land within said boundaries will be especially benefitted by said improvements, and that the total estimated cost of $253,000.00 for said improvements shall be assessed in full, on a front footage and area basis, against all lands within said improvement district. (c) That the plans, specifications and estimates with respect to the improvements as submitted by the City's Engineers be, and the same are, hereby adopted and ordered to be maintained on file by the City Recorder for public inspection, RESOLUTION NO. 85- Page l (d) That Monday November 25, 1985 the City Council will hold a public hearing at Fowler Junior High School. 10865 SW Walnut. Tigard, Oregon, beginning at 7:00 p.m. . At this time City Council will consider objections or remonstrances to the proposed improvement by any parties aggrieved thereby. (e) The City Recorder is hereby directed to give notice in the Tigard Times November 14. 1985. (f) Oral or written objections and remonstrances shall be made with the City Recorder'prior to the close of the public hearing. PASSED: This day of . 1985• Mayor - City of Tigard ATTEST: Deputy City Recorder - City of Tigard (2036P) f RESOLUTION NO. 85- r Page 2 EXHIBIT "A" /rZQJ� 4 l Description of Assessment and district boundary for local Improvement District 85-1 (Hall-Burnham) A tract of land located in the East half of Section 2, Township 2 South, Range 1 West, W.M. , City of Tigard, Washington County, Oregon; said tract being more particularly described as follows: Beginning at the intersection of the north line of SW O'Mara Street (County Road No. 567) with the west line of SW Hall Blvd. (County Road No. 227) theiice North 440 38' 0011 West 280 feet, more or less to a point that is 220 feet west of the west line of said SW Hall Blvd. (when measured at right angles); thence parallel with the west line of said SW Hall Blvd. 970 feet, more or less, to the south line of that tract of land conveyed to Robert and Marilyn Hudson and recorded in document No. 78-55052, Washington County Deed records, thence on the boundary of said Hudson tract North 890 00' 00" west 70 feet, more or less, to the southwest corner thereof; thence North 010 30' East 160 feet to the south line of Ski Burnham Street (County Road No. 997); thence on the south line of said Burnham Street South 090 00' 00" East 170 feet. more or TI less. to the west line of the relocated SW Hall Blvd., thence southesterly `` and southerly on said relocated line and the west line of County Road No. 227 1350 feet, more or less. to tine point of beginning. Excepting therefrom that portion of property along SW Hall Blvd. and SW Burnham Street that will be dedicated as public road right-of-way. i (RSC:bs11725p) `J. Ager�i�5 H� LL vdo • 1* ebo ,; 11 r1► 1111 � � , , , , , , � � 1 ,„ 1 , , Ijr_rr 'f�Illi[�1'PIlTrig1.Il�1[11IfIlI 1I11gt'i61+o0IIIfpj11111)1111111r1111.1 1rr+11,I►111111fill[III — �s NOTE: IF THIS MICROFILMED --.I _ �j 6_ 7 8 8 �O DRAWING IS LESS CLEAR THAN . . -..-. . THIS NOTICE. IT IS DUE TO THE QUALITY OF TtE ORIGINAL - DRAWING. OE 6Z BZ 1Z 9Z SZ 4Z EZ ZZ IZ OZ fil QI LI 91 --St 41 EI ZI 11 01 6 H dIrNNIN11I111111111I�IM11lN�1lIIID�,tO ....1_...,1111 � � - -. MARC 17 1990 s 4 � ---------------%—I------- lllllj� .:i -- Z, X * Tfrx LOT rMI A 95ER - x te � v TAX LOT (coo t I1JUE5TMFJ�fI- '� 3ftiRNES W. L�AL.L Vim.eeeGGGGGG —T�fo _ e. C c x,onrosr 7- .. ...... .._-._. ... ..... .._.... .. �opem ,.�' `._•`y _ — -----�t 4 __ P __ i„ ——— - � -- .rx rt�z [f Lr 1Y6W .9e� 3'i9�N _ ,a �� EE ,•.�is• TflX LOT 71Z,- % ,-k9 R I TAX LoTI of k Thx LDT oo / 5T9Ra16 ¢ -�� I 1 TAX LoT Zoo a° - S T14-fi2D FJ.ECTRIG y° LEGEND EXISTING PAVEMENT 5TKEET /MPPOVEME (LID) j1 1 t I I i �� I �XISTI�IG RIGHT F-WA`i ro 'di; NFY ZI G T-of AY — - H I i I `31 I °'. STREET 1MPKDVEMENT CTI(AM ELE(,Tr\iG) i 5 CALF e I I=50 I. "1'jrVlrppl;n-yyl'Igr V;n Ing411'p;PI PIPpi';rnl PIrnI 1'" '. rorz [c inss nsswr[u.o I 2 3 4 5njn8 ] 8 B 0 I I nar[rc -WIT-nnT T1 wu wn1[s o-,s m I nE awor vc wmmn32AL I �'w' ._ .z_a a lz- ui e�._ . cl z1 a o1--e o i a s • c z I-W „dm l I I IrrrrLrrdr.rmu4rnLml '-'-.' ` •IduWwJuldwllmUwblWmiwuor�'rr1"ommina111u IWwlluuLm. - MARCH 1 7 'j990 v. ..v W a ti -7ZD v A R5EkTAX L,,T lKM5TNENr A 66. 114 'u yl�� e i�ro_,yrs a,. '"r �-_I :;A t u - �e �'" r� - ::� "'.1 R➢ S° ;-_ r- d _ r� a � C 2 _ • n e O+L n� /�4• \ � .� o. cuv mFc.. \ - ` \ /IJ II /� i• /, of :ssze.,..=.< TP 5�i h iif yi• a I -� t Lfo'hs' Is' w _ d4 a NIS OF5ir FR_� � � •I.� ///'� iY� 1�'.� ®i�v aih ,6+r �sores•3rw —Ls. �? :�.. TF,X L^,T X00 `, i - / - + "...r Ru,m,•T�' ,y �: '','.�,`s�e �n�`7V� yJ' \ior:i .,• .—...t �jc`�-ter e rss� Till, LOT 700 - 1 yrs*i �°• RC <J '`�' •; .L^ TGARD SLEMic- :Ax LI 21co v ..S II f I1 i saes IIGF.RC WgIERc ill ! I I LEGEND EXISTING PMEMENT � STREET /MPPOVEMjNTC�ID� � �I ®�---- EXIST1t�1G RIGHT-,DF-WAi ; NEW KIe,HT-OF4AY STREET 1MPRDUEMENTCTIC,,AFD ELE(-TR,G) 1 1 P19n1�IgnllillVnl�lq'ulloplllglpl'puinglnlnllmlmplgllq119nllnqn�m�nqnqrtl�q9nlJn I.J., q'Iq opal 'l pojn� Ilul IlNllingnglllpu ImE [r[xls.awr[uEo - I 2 3 4 5 6 ] 32 0 8 0 it 12 vwruc ss I1.ss cl[.n Ixw nc Wnurr a rrt w[c[nu O 2 2 l2 9 L2 R ZZ li � LI LI hl [ 21 II OI -0 i L 2 W .nll I W I iL.I nduulllnllmWv141�IIgYY�110�w•p�i111�IIIIIIpplryti0tlpyNpuuLx IIIyI1111plllylylllllllluX i, MARCH 17 21990 s CITY OF TIGARD, OREGON r COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 25, 1985 AGENDA ITEM #: DATE SUBMITTED: November 20, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: ZOA 7-85 ---- Parking Parking Regulations PREPARED BY: Elizabeth A. Newton _ REQUESTED BY: Planning Staff DEPARTMENT HEAD OFC: CITY ADMINISTRATOR: POLICY ISSUE Should the City allow gravel parking areas on a temporary basis for permanent uses. INFORMATION SUMMARY Attached is a memo which outlines the recommendation of staff, the Planning Commission, the CCI and NPO 04. After discussion, the Council should direct staff to prepare an ordinance amending the code or retain the existing language. ALTERNATIVES CONSIDERED 1. Direct staff to prepare an ordinance adopting staff's recommendation. 2. Direct staff to prepare an ordinance adopting the NPO #4 recommendation. 3. Support the Planning Commission recommendation for denial and retain the existing language. SUGGESTED ACTION After reviewing the recommendations of staff, the CCI, NPO #4 and Planning Commission, direct staff to prepare an ordinance or retain the existing language. (2169P) MEMORANDUM CITY OF TIGARD, OREGON TO: Tigard City Council November 20, 1985 FROM: Elizabeth Newton, Senior Planner SUBJECT: Gravel Parking Areas for Permanent Uses In the past few, months many individuals interested in locating or expanding a business in Tigard have raised concerns over the stringent requirement for paved parking and access areas. Most recently, Jerry Crow has approached the City about allowing an expansion of his parking lot with a gravel surface to accommodate an anticipated temporary increase of Tektronix employees at SW Ash and SW Burnham. Thera have been cases where applicants have applied for a Temporary Use for from one month to one year and the City Council has been reluctant to require paving of existing gravel lots in those circumstances. In addition, a situation could arise where an applicant may want to locate in Tigard but does not have the funds to pave all of the areas to be used for parking. Chapter 18.106 of the City of Tigard Community Development Code requires all areas used for the parking, or storage or maneuvering of any vehicle be improved with asphalt or concrete surfaces. More specifically, Section 18.106.050 (i) of the Community Development Code reads as follows: (i) Parking Space Surface Requirements Except for single and two-family residences, all areas used for the parking, or storage or maneuvering of any vehicle, boat or trailer shall be improved with asphalt or concrete surfaces according to the same standards required for the construction and acceptance of city streets; and (1) Off-street parking spaces for single and two-family residences shall be improved with an asphalt or concrete surface to specifications as approved by the Public Works Director. At their October 15, 1985 meeting, the Economic Development Committee reviewed the concerns expressed by individuals who are hesitant to locate or expand in Tigard because of the cost of paved parking areas. The Economic Development Committee recommended that the City allow permanent businesses to utilize gravel parking areas for a period of three years if the request is made at the time of Site Development Review. f mn Memo to City Council November 20, 1985 f Page 2 Staff Recommendation In order to encourage the location and expansion of businesses in Tigard, Staff recommends that Chapter 18.106 be modified to allow gravel parking for permanent businesses for a period not to exceed three years if the following conditions are met: 1. All of the parking, loading and maneuvering areas required for the use are improved with asphalt or concrete. Therefore, only that parking which is provided above that required by City Code may be granted. 2. All of the landscaping requirements for parking areas shall be met on the site. 3. The gravel parking areas shall be improved with a gravel surface which meets specifications approved by the City Engineer. 4. A restriction shall be placed on the property deed to notify subsequent g purchasers of the date at which time the temporary gravel lot must be paved. S. Six months prior to the expiration of the 3 year period, the property owner shall contact the City to begin the process of preparing plans to either improve the parking area to City standards (including �- landscaping), or abandon the use at the established time. The Planning Commission at their November 5, 1985 meeting reviewed staff's recommendation and voted unanimously to recommend denial of the proposal. A copy of the November 5, 1985 and August 6, 1985 Planning Commission minutes are attached. On November 6, 1985, NPO #►4 rviewed staff's recommendation and voted unanimously to support the recommendation with specific requirements that gravel parking areas be for employee use only. A copy of the minutes is attached. On November 19, 1985, the CCI reviewed staff's recommendation. The consensus was not to support staff's recommendation. STAFF CONCLUSION: The City Council should review staff's recosamendation and the recommendations of the Planning Commission, NPO N4 and the CCI. After discussion, the Council should direct staff to prepare an ordinance to amend tha code or retain the existing language. EAN:br/2169P) TIGARD PLANNING COMMISSION REGULAR MEETING — NOVEMBER 5, 1985 1. President Moen called the meeting to order at 7:35 P.M. The meeting was held at Fowler Junior High School, 10865 SW Walnut — LGI Room. 2. ROLL CALL: Present: President Moen; Commissioners Butler, Peterson, Bergmann, Fyre, Vanderwood, Owens, and Leverett. 3. APPROVAL OF MINUTES Commissioner Bergmann moved and Commissioner Owens seconded to approve the minutes as submitted. Motion carried by majority vote of Commissioners present. Commissioners Fyre and Vanderwood abstaining. 4. PLANNING COMMISSION COMMUNICATION Final Order for Tigard Arco - SCE 3-85 - Commissioner Bergmann moved and Commissioner Owens seconded to authorize President Moan to sign the final order. Motion carried by majority vote. Commissioners Fyre and Vanderwood abstained. 5. PUBLIC HEARINGS 5.1 SUBDIVISION S 12-85 BEND. FRAN. DEVELOPMENT, INC. NPO # 7 Request to subdivide a 8.5 acre portion of a 38.96 acre parcel into 36 lots ranging between 7,500 and 10,000 square feet in size. Located: _ South of Falcon Rise Drive and east of Morning Hill Dr. (WCTM 2S1 4A, lot 501). Senior Planner Liden made staff's recommendation for approval wifh it conditions. Noting condition number 8 to change Aberdeen to Katherine St. and Condition 10 which would require a sensitive lands permit before grading or filling on slopes which exceed 25 percent. APPLICANT'S PRESENTATION Norman Harker, 1750 SW Skyline Blvd, Portland, Oregon, Alpha Engineering, representing Benj . Fran. Inc. , agreed with the staff report and was available for questions. PUBLIC TESTIMONY o No one appeared to speak. PUBLIC HEARING CLOSED o Commissioner Owens questioned how Morning Hill and Chimney Ridge would connect. Staff reviewed. o Commissioner Bulter asked if 135th was the only access. Staff stated there where two accesses. PLANNING COMMISSION MINUTES NOVEMBER 5, 1995 - Page 1 x Commissioner Leverett moved and Commissioner Eyre seconded to approve S 12-85 subject to staff's recommendation and conditions. Motion carried unanimously by Commissioners present. 5.2 LOT LINE ADJUSTMENT M 11-85 VARIANCE V 17-85 BENJ. FRAN. AND TOM MILLER Review by the Planning Commission of an appeal of a Planning Director's decision of approval 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). Located: Within Solarcrest Subdivision, at the southwest corner of Elros, St, and 97th Ave. (WCTM 2S1 11BA, lots 4900, 5600, and, 5700). Senior Planner Liden reviewed the history of the project to the best of his knowledge. Ne explained that after the Decision had been made it was discovered that Mary Burnham was still the owner of the 5 foot strip of property which they had original thought was owned by Benj . Fran. . Mary Burnham had filed the appeal and there was to be a meeting between Mrs. Burnham' s attorney and Ben. Fran. Attorney to resolve some of the problems. At the time of the meeting staff had not heard from either attorney. Also, since the application had not been signed by Mary Burnham it was an illegal application, however, if she would agree to sign the application at this time the hearing could continue. Discussion followed among Commissioners as to what would be the proper course of action. They asked if Mary Burnham would be willing to sign the application. w o Mary Burnham stated that the information given by staff was in error. She said that her Attorney had tried to reach staff at 3:30, however, . the switch board was closed down and they were unable to reach anyone. ' She stated that her Attorney had asked her to request that the hearing be tabled so that he would be able to attend to speak in her behalf. * Commissioner Butler moved and Commissioner Owens seconded to table Variance V 17-85 and Lot Line Adjustment M 11-85 to December 3, 1985. Motion carried unanimously by Commissioners present. 5.3 ZONE ORDI;imivt;E AMENDMENT ZOA 7-85 PARKING REQUIREMENTS A request by the City of Tigard to review Chapter 18.106 of the Community Development Code to allow gravel parking for permanent uses on a temporary basis. Senior Planner Liden explained that this item was being brought before the Planning Commission at the recommendation of the Economic Development Committee. He reviewed staff's proposal to allow gravel. parking areas for permanent use on a temporary basis when certain conditions are met. PUBLIC TESTIMONY o Geraldine Ball, stated that her NPO would be reviewing this on Wednesday night but she would like to know what effect this would have on existing graveled areas which are grandfathered in. PLANNING COMMISSION MINUTES NOVEMBER 5, 1995 - Page 2 PU©LIC HEARING CLOSED o Commissioner Leverett favored the proposal. o Commissioners Bergmann, Vander-wood, Fyre, Owens, Peterson, Butler, and Moen opposed the proposal. o Commissioner Owens stated that this proposal would result in many problems in the future. It would be as difficult to administer and enforce as the sign code ordinance is now. * Commissioner Moen moved and Commissioner Owens seconded to forward ZOA 7-85 to City Council with a recommendation for denial, requesting that staff include a copy of the minutes from the previous meeting which they had stated their objection to allowing graveled parking areas. Motion carried unanimously by Commissioners present. 5.4 ZONE ORDINANCE AMENDMENT ZOA 8-85 NPO FEE WAIVER Request by the City of Tigard to modify Chapter 18.32 of the Community Development Code to allow the NPO a waiver of application fees for appeals of land use decisions, amendments to the Community Development Code and amendments to the Comprehensive Plan map under certain conditions . Senior Planner Liden reviewed staff's proposal. PUBLIC TESTIMONY a No one appeared to speak. PUBLIC HEARING CLOSED o Commissioner Butler and Owens questioned why this was being brought up as they both understood that waiver of fees for NPOs already existed in the Code. o Lengthy discussion followed. There was concern that the proposal could be easily abused. They felt the present system was working adequately at this time. Commissioner Owens felt this issue should be addressed at a later date. o Commissioner Fyre moved and Commissioner Peterson seconded to forward ZOA 8-85 to City Council with recommendation of denial. Motion carri�•d by majority of Commissioners present. Commissioners Butler, Moen, and Vanderwood voting no. 5.5 COMPREHENSIVE PLAN AMENDMENT' CPA 14--85 ZONE ORDINANCE ZOA 5-85 HISTORIC DISTRICT DESIGNATION Request by the City of Tigard to review Chapter 18.82 (Historic District Overlay) — of the Community Development Code and review of ESE:E section of Volume I Resource Document of the adopted Comprehensive Plan which relate to Historic Sites within the City of Tigard Urban Planning Area. PLANNING COMMISSION MINUTES NOVEMBER 5, 1985 - Page 3 s .x j� TIGARD PLANNING COMMISSION REGULAR MEETING - AUGUST 6. 1985 1. President Moen called the meeting to order at 7:35 P.M. The meeting was held at the Tigard School District Quilling - Conference Room - 13137 SW Pacific Highway. 2. ROLL CALL: Present: President Moen; Commissioners Butler, Peterson, Fyre, Bergmann, Vanderwood, and Owens. Absent: Commissioners Campbell and Leverett. 3. APPROVAL OF MINUTES o Commissioner Fyre moved and Commissioner Butler seconded to adopt the minutes as submitted. Motion carried unanimously by Commissioners present. 4. PLANNING COMMISSION COMMUNICATION a There was no communication. 5. PUBLIC HEARINGS 5.1 COMPREHENSIVE PLAN AMENDMENT CPA 9-85 and ZONE CHANGE ANNEXATION ZCA 11-85 Request to annex 23.26 acres into the City of Tigard and to change the Comprehensive Plan designation from Washington County Residential 2.4 units per acre to City of Tigard Medium High density and the zoning .from Washington County Residential 2.4 units/acre to City of Tigard •R-25. Located: SW 135th and north of Scholls Ferry Road, NPO # 7. Senior Planner Newton reviewed the staff report and explained that staff had received additional requests from adjoining property owners, through Ryan O'Brien, to be included with this annexation. Discussion followed. APPLICANT'S PRESENTATION Russell Krueger, 3515 SW Barbur Blvd. Y-1, Portland, 97201, stated that with the annexation of his property it would make it easier for the extension of Murray Blvd. and that there would be half street improvements constructed along the edge of his property line. Ryan O'Brien, 1134 SE 23rd Ave. , llillsboro, OR 97123, showed a map indicating Krueger's property and other properties interested in annexing to the City of Tigard. PUBLIC TESTIMONY o Gail Stover, Rt. 1 Box 381, Beaverton, OR 97007, opposed the annexation. She did not feel that the City of 'Tigard should extend its City limits beyond Scholls Ferry Rd. She felt annexation to City of Beaverton would be more appropriate because they are in the o Lengthy discussion followed regarding 18.136 Annexations. Consensus of the Commission was to have the request for comments sent to all Planning Commissioners and that the Commission should have the ability to call the annexation up for review. o Discussion followed regarding 18.142 Home Occupations. Commissioners voted 4 to 3 to delete (b) (1), which would require a non conforming Home Occupation to come into conformance within five years. o Discussion followed regarding 18.114 Signs. Commissioners voted 5 to 2 to limit directional signs to 4 sq. ft. and not allow copy or logos on the directional signs. o Discussion followed regarding 18.106 Parking and Loading. Consensus of the Commission was not to allow a gravel surface for storage areas for recreation vehicles, non—operating vehicles, and fleet vehicles. Commissioner Moen moved and Commissioner Bergmann seconded to forward ZOA 4-85 to City Council recommending approval with the Commission's modifications. Motion carried unanimously by Commissioners present. 6. OTHER BUSINESS o The Commission reviewed the resolution prepared by Commissioner Fyre. # Commissioner Fyre moved and Commissioner Vanderwood seconded to adopt the resolution as prepared and to forward a copy to the State Highway Division, Washington County, City of Beaverton, and the Tigard City Council. Motion carried unanimously by Commissioners present. o Discussion regarding NPO N 2 no longer having any members. Commissioner Owens moved and Commissioner Butler seconded to recommend to City Council that NPO # 2 be permanently dissolved and incorporated into NPO's 7, 1, and 3. Motion carried by majority vote, Commissioner Bergmann voting no. 7, Meeting adjourned 10:05 P.M. Oiane M. Jeld r s, Secretary ATTEST: A. Donald Moen, President r 1703P dmj PLANNING COMMISSION MINUTES August 6, 1985 Page 4 MINUTES OF NPO #4 MEETING NOVEMBER 6, 1985 NPO #4 Members Present: Geraldine Ball, Chairperson LaValle Allen,. Lou Christen, Iry Larson, Louise Stuart Guest: Jex L rson Meeting was called to order by Chairperson Ball 7:35 P.M. Minutes of the September 4, 1985 meeting were approved. Re CPA 14-85 & ZOA 5-85 - HIS46ORIC DISTRICT: LaValle Allen moved that NPO #4 express their feelings that LCDC "is 'iaposing unfair, coaditions on the City of Tigard, citizens and effected property owners who objected to be included". Louise Stewart seconded the motion which was passed unanimously. Re ZOA. 7-85 - PARN NG REGULATIONS: LaValle Allen moved that NPO #4 support the Staff recommendation with specific requirements that gravel parking areas be for employee use only. Lou Christer seoonded the. notion which vas, passed unanimously. Re ZOA, 8-85 - NPO FES WAIVJ&: Irv.'Larson, moved that NPO #4 go along, with the Staff current recommendation that NPQ fees be waivered. LaValle Allen seconded the. notion whioh• was. passed umaninously. • ' Re IMMSPBR STATION.-DISCUSSION s M&Talle Allen moved that NPO _#4 oppose any transfer station w1thime, Tigard. City limits because of the small amount of Industrial land because of the traffio problems it wo .d • geminate and. otGr concerns.. Iry Larson seconded the"iMbion which was passed-unasitously. The next ,nestiag of the NPO #4 will be Wednesday December 41, 1985 7s30 P.M. Tigard Oity Rall. .... _. .. ...r.. ..pr.;:fi{,.+cr: ,+.�.'t'+.... -...,.,. .. ... ...:...Y r•vswFe a n... There being no further ibutinios►, the meeting adjourned 8:35 P.M. Irving Lo Larson, goorsTary Attest: Geraldine , rperson CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 25, 1985 AGENDA ITEM #: DATE SUBMITTED: November 20, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: NPO Fee Waiver ZOA 8-85 PREPARED BY: Elizabeth Newton REQUESTED BY: Planning Staff DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Should the City Council amend the Community Development Code to set forth a process to allow a fee waiver for appeals and Land Use applications for NPOs. INFORMATION SUMMARY Attached is a memo which outlines the staff's recommendations and recommendations from the Planning Commission, NPO # 4, and the CCI. ALTERNATIVES CONSIDERED 1. Support the Planning Commission's recommendation for denial. 2. Support the NPO # 4 and CCI recommendation for approval subject to conditions 1 and 2. 3. Support the Planning Staff's most recent proposal. 4. Retain the existing policy. SUGGESTED ACTION Review the recommendations of staff, the Planning Commission, NPO # 4, and the CCI; after discussion direct staff to prepare an ordinance to amend the Code or retain the existing policy. 2062P1dmi MEMORANDUM CITY OF TIGARD, OREGON i TO: City Council November 20, 1485 FROM: Elizabeth Newton, Senior Planner SUBJECT: Fee Waivers for NPO's Since the adoption of the Community Development Code in November 1983, various Neighborhood Planning Organizations have filed appeals on land use decisions made by the city and also filed land use applications for changes to the Community Development Code and the zoning and comprehensive land use maps. Most recently, NPO # 1 filed a request for a fee waiver for an application to review the Comprehensive Plan Policy related to the extension of Ash Avenue. Under the current code, the NPO is required to pay any and all required filing fees at the time the appeal or application is filed. The NPO has then had to request a refund from the City Council in order to recover the costs of filing the appeal or application. Since November of 1983, the City Council has approved nearly all of the NPO refund requests. STAFF RECOMMENDATION: Staff recommends that Chapter 18.30 and Chapter 18.32 of the Community Development Code be amended to allow a waiver of fees for the NPO's, subject to the following conditions: 1. The appeal or land use application must have been supported by a majority vote of NPO members at a public meeting where a quorum of NPO members was present. 2. A copy of the minutes of the HPO meeting where the appeal or land use application was initiated must be submitted with the appeal or land use application. 3. The NPO requesting the fee waiver shall make a presentation to the CCI which includes a justification as to how the NPO proposal will benefit the City as a whole. The CCI shall then take a vote to support or not support the NPO request. q. The appeal or application will be considered valid when conditions 1 and 2 above are met and all other filing requirements are met. 5. Should the Council deny the NPO request for a fee waiver, the NPO shall submit the required fee within three (3) working days of the denial. The fee shall be filed by 3:00 P.M. on the third (3rd) day. i The Planning Commission reviewed the staff's recommendation limited to conditions 1 and 2 at their November 5, 1985, meeting. The Commission voted 5-3 to recommend to City Council that the proposal be denied. A copy of the minutes is attached. On November 6, 1985, NPO # 4 reviewed staff's recommendation limited to conditions 1 and 2. The NPO members voted unanimously to support staff's recommendation. A copy of the minutes of the meeting is attached. On November 19, 1985, the staff presented a recommendation to the CCI, including conditions 1, 2, and 3. The four members present supported staff's recommendation without condition 3. They felt that condition 3 was unnecessary. STAFF CONCLUSION The City Council should review staff's latest proposal and the recommendations forwarded to Council by the Planning Commission, NPO # 4, and CCI. After discussion Council should direct staff to amend the Code or retain the existing policy. 4, 2062P/dmj - sawn TIGARD PLANNING COMMISSION REGULAR MEETING — NOVEMBER 5, 1985 1. President Moen called the meeting to order at 7:35 P.M. . The meeting was held at Fowler Junior High School, 10865 SW Walnut — LGI Room. 2. ROLL CALL: Present: President Moen; Commissioners Butler, Peterson, Bergmann, Fyre, Vanderwood, Owens, and Leverett. 3. APPROVAL OF MINUTES Commissioner Bergmann moved and Commissioner Owens seconded to approve the minutes as submitted. Motion carried by majority vote of Commissioners present. Commissioners Fyre and Vanderwood abstaining. 4. PLANNING COMMISSION COMMUNICATION Final Order for Tigard Arco - SCE 3-85 — Commissioner Bergmann moved and Commissioner Owens seconded to authorize President Moen to sign the final order. Motion carried by majority vote. Commissioners Fyre and Vanderwood abstained. 5. PUBLIC HEARINGS 5.1 SUBDIVISION S 12--85 BEND. FRAN. DEVELOPMENT, INC. NPO q 7 Request to subdivide a 8.5 acre portion of a 38.96 acre parcel into 36 lots ranging between 7,500 and 10,000 square feet in size. Located: South of Falcon Rise Drive and east of Morning Hill Dr. (WCTM 2S1 4A, lot 501). Senior Planner Liden made staff's recommendation for approval with 11 conditions. Noting condition number 8 to change Aberdeen to Katherine St. and Condition 10 which would require a sensitive lands permit before grading or filling on slopes which exceed 25 percent. APPLICANT'S PRESENTATION Norman Harker, 1750 SW Skyline Blvd, Portland, Oregon, Alpha Engineering, representing Benj . Fran. Inc. , agreed with the staff report and was available for questions. PUBLIC TESTIMONY o No one appeared to speak. PUBLIC HEARING CLOSED o Commissioner Owens questioned how Morning Hill and Chimney Ridge would connect. Staff reviewed. o Commissioner Bulter asked if 135th was the only access. Staff stated there where two accesses. PLANNING COMMISSION MINUTES NOVEMBER. 5, 1985 - Page 1 PUBLIC HEARING CLOSED o Commissioner Leverett favored the proposal. o Commissioners Bergmann, Vanderwood, Fyre, Owens, Peterson, Butler, and Moen opposed the proposal. o Commissioner Owens stated that this proposal would result in many problems in the future. It would be as difficult to administer and enforce as the sign code ordinance is now. Commissioner Moen moved and Commissioner Owens seconded to forward ZOA 7-85 to City Council with a recommendation for denial, requesting that staff include a copy of the minutes from the previous meeting which they had stated their objection to allowing graveled parking areas. Motion carried unanimously by Commissioners present. 5.4 ZONE ORDINANCE AMENDMENT ZOA 8-85 NPO FEE WAIVER Request by the City of Tigard to modify Chapter 18.32 of the Community Development Code to allow the NPO a waiver of application fees for appeals of land use decisions, amendments to the Community Development Code and amendments to the Comprehensive Plan map under certain conditions. Senior Planner Liden reviewed staff's proposal. r' PUBLIC TESTIMONY o No one appeared to speak• PUBLIC HEARING CLOSED o Commissioner Butler and Owens questioned why this was being brought up as they both understood that waiver of fees for NPOs already existed in the Code. o Lengthy discussion followed. There was concern that the proposal could be easily abused. They felt the present system was working adequately at this time. Commissioner Owens felt this issue should be addressed at a later date. o Commissioner Fyre moved and Commissioner Peterson seconded to forward ZOA 8-85 to City Council with recommendation of denial. Motion carried by majority of Commissioners present. Commissioners Butler, Moen, and Vanderwood voting no. 5.5 COMPREHENSIVE PLAN AMENDMENT CPA 14--85 ZONE ORDINANCE ZOA 6-85 HISTORIC DISTRICT DESIGNATION Request by the City of Tigard to review Chapter 18.82 (Historic District Overlay) - of the Community Development Code and review of ESEE section of Volume I Resource Document of the adopted Comprehensive Plan which relate to Historic Sites within the City of Tigard Urban Planning Area. PLANNING COMMISSION MINUTES NOVEMBER 5, 1985 Page 3 MINUTES OF NPO #4 MEETING NOVEMBER 6, 1985 NPO #4 Members Present: Geraldine Ball, Chairperson Laoalle Allen, Lou Gh#zten, Iry Larson, Louise Stuart Guest: Jen Larson Meeting was called to order by Chairperson Ball 7:35 P.M. Minutes of the September 49 1985 meeting were approved. Re CPA 14-85 & ZOA 6-85 - HISTORIC DISTRICT: LaValle Allen moved that NPO #4 express their feelings that LCDC "is imposing unfair: conditioas on the City of Tigard, citizens and effected property owners who objected to be included". Louise Stewart seconded the motion which was passed unanimously. Re ZOA. 7-85 - PARKING REGULATIONS: LaValle Allen moved that NPO #4 support the Staff recommendatio with specific requirements that gravel parking areas be for employee use, only. Lou Christen seconded the notion which was passed unanimously. Re ZOA, 8-85 - NPO FEE WAIVJ&: I rr. Larsom, moved that NPO #4 go along, with the. Staff current recom*oadatioa that NPQ fees be waivered. LaValle Allen seconded the. notiom which. was. passed uaanimouely. ' Re 4JROSPBR STATION••DISOQSSION: 'LaValle Alleve moved that NPA #4 oppose anY transfer station withia. Tigard. Oity limits because of. the small amount of Industrial land because of the traffic problems it 40 • genfrate and. oitor cozoorms.. Iry Larson secondad .thea-i0tiou which wso' passed -unabluously. The asst ,meetiag of the NPO #4 will be Wednesday December 49 1985 9:34.-P.P4. Tigard Oity. Hall. .... .... .....,.,.,..•L.;:).+rb<.+as '4`'. .-w.... . .... ... ...,t.-..ti't�ai .- .»a•...t;r; ....«—.... .,. .�..., .. There being so further bdilaosi. the meeting adjourned 8:35 P.M. ry ng arson, etre Ary -van. ss er ao , UnalrPSTNOR -i CITY OF TIGARD OREGON .. COUNCIL AGENDA ITEM SUMMARY �f AGENDA OF: November 25, 1985 AGENDA ITEM #: 11 DATE SUBMITTED: November 20, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: CPA 3-85/ZC 3-85 S 6 J Properties PREPARED BY: Keith Liden 04-1 REQUESTED BY: City Council DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY This application was to be heard by the Council on 10/28/85 following a remand from LUBA. The applicant requested that the hearing be postponed and it was rescheduled for 11/25/85. The packet for the 10/28/85 hearing should provide the necessary information along with the attached statement submitted by the applicant's traffic engineer on 9/9/85. ALTERNATIVES CONSIDERED 1. Approve and adopt findings prepared by staff. 2. Deny and adopt findings with the assistance of staff. SUGGESTED ACTION Staff recommends Alternative #1. (KL:br/2164P) TOM R.LANCASTER,P.E. Transponatwn Engmearinp q f As- GREENWAY TOWN CENTER PHASE II TRAFFIC IMPACT STUDY Scholls Ferry Road at Sorrento Road Tigard, Oregon The proposed development is located in the southeast quadrant of the intersection of Scholls Ferry Road, Sorrento Road (the north leg) , and Dakota Street (the south leg) . It will consist of 58,000 square feet of commercial retail space. The intersection is presently controlled by STOP signs on the north and south legs . An eight-phase actuated traffic signal is scheduled to be installed by the Oregon State Highway Division in 1986. To assess the traffic impact of a zone change for the subject property from the existing C-P to C-G, three scenarios were studied : ( 1) existing traffic, (2) traffic with development under existing zoning, and (3) traffic with development under the proposed zoning. It was found that with existing traffic, including traffic from housing developments in the area currently under construction, the intersection will operate at level of service C with the new traffic signal. If the property were developed under the existing zoning to include offices, a convenience store, a restaurant, and a bank, traffic entering the intersection would increase by 9 percent, and the level of service would be reduced to D . If the zoning is changed and retail space is developed, the increase in existing traffic would be 11 percent, and the level of service would also be reduced to D. Because there is presently a northbound right-turn lane at the intersection, the traffic signal could be modified to provide a special signal phase for the northbound right turn. This would increase the level of service with either scenario 2 or scenario 3 to level C, which is the present level of service at the intersection. The cost of the signal revision would be less than $1,000. k s l November 20, 1985 1F� WASWNG7ON COUNTY,OREGON Jack Orchard Ball, Janik and Novak 101 S.W. Main Street Portland, OR 97204 Reference: S 5 J Properties - CPA 3-85 Dear Jack: Mayor John Cook asked that I write you to establish the groundrules for the upcoming fall evidentiary hearing for S & J Properties on November 25, 1985. Please be advised that you and your client as proponents will be given 20 minutes to present your application following a summation of the staff report by Keith Liden. The opponents, if any, will then be given a like 20 minutes to present arguments. You then will be given ten minutes to cross examine or V rebut any statement made by opponents. The Council then will consider the input presented at the public hearing following the close of the hearing by the Mayor. 'i.' We will make every attempt to adhere to these groundrules in an attempt to provide for a fair and complete hearing. Sincerely, William A. Monahan. Director, Community Development (WAM:br/2124P) 12755 S.W.ASH P.O.sox 23397 TIGARD,OREGON 87223 f4j:639.4171 I May 27, 1987 NM TO FILE: Supporting material on Agenda Item #8 contained numerous petitions from citizens stating that they did not support the proposed Town Center Phase II. These petitions can be found filed under the Petition Categorie in the primary classification, City Recorder. BillI ( illar Records Clerk COGAN SHARPE �. COGAN 4 M E M O R A N D U M TO: William A. Monahan Director of Community Development City of Tigard FROM: Sumner Sharpe Cogan Sharpe Cogan DATE: November 20, 1985 SUBJECT: Addendum to October 16th Statement: CPA 3-85/ZC 3-85 In addition to the information provided in our October 16th statement in support of CPA 3-85/ZC 3-85, we would like to add the following: There are two recent changes of circumstances that should be accounted for in considering this request: 1. In October, the school district declared surplus a future school site in Beaverton, almost immediately north of the location of this proposed change. This will add approxi- mately 22+ acres of residentially zoned land to Beaverton's residential land inventory; greater demand for commercial services will result as the Beaverton plan does not contemplate development of this site for non-school uses. 2. On November 18, 1985, the Beaverton City Council approved two zone changes at the northeast corner of the intersection of Sorrento/North Dakota and Scholls Ferry Road. Previously zoned R-5, 8 acres was rezoned to R-2, more than doubling the allowable density. The other change was for 2.5 acres of R-5 zoning to OC, Office Commercial. With a specific office developer as the applicant, the site will provide a supply of office land adjacent to the location of this proposed change. 71 SW OAK PORTLAND OREGON 97204 503(225-0192 T These changes in conjunction with the level of improvements at the Sorrento-Scholls Ferry Interchange, alters the character of this area that was contemplated at the time that the Beaverton and Tigard plans were adopted. In addition to these changes of circumstances, we have conducted a study of the characteristics of community shopping centers in the Beaverton-Tigard area, centered on Scholls Ferry Road, west of Highway 217. In conducting this study, we utilized the Shopping Center Development Handbook (Urban Land Institute, 1977 edition) in setting criteria for the study. In the handbook, three types of shopping centers are identified: ° Neighborhood Center: Provides for the sale of convenience goods and personal services which meet the daily needs of the immediate neighborhood trade area. • Community Center: Includes a supermarket and variety store as the major tenants and offers a greater depth and range of merchandise than does a neighborhood center. ° Regional Center: Built around at least one full-line department store, it provides shopping goods, general merchandise, apparel, furniture and home furnishings in full depth and variety. Although the handbook suggests there are variations of these three general types, it is obvious that the CG zone and activities in the adjacent shopping center fit the description of a community shopping center. The handbook provides some general indicators for this type of center: 10-30 acres in size; minimum 35-40,000 population in the service area; and a service area approximately 2 miles in size. Furthermore, the handbook states (on page 5) : "If population increases in the trade area can be predicted reliably, the prudent developer of a community center will plan to have adequate land available for expansion. When the growth in sales volume warrants and drawing power justifies, the community center can often be increased. . . by the introduction of. . .additional shops, offices, and services. " "The development of a strong regional center, with the pulling power of one or more department stores, may impinge on a community center's trade area. But in a normally strong market area, both can succeed, even if they are within several miles of one another, because of the difference in the types of merchandise offered and because of the community center's convenience to the shopger, particularly the convenient vehicle travel distance. " -2- Based on this ULI information, two important findings arise which are pertinent to this request: 1. The adjacent shopping center of approximately 11 acres in size does not have any expansion room. Planned and zoned population densities within a radius of less than two miles result in a conservative estimate of more than 30,000 people.* If a full two-mile radius were assumed, the planned population would easily exceed 40,000 people. 2 . This is the only convenient community shopping center in the vicinity. The closest similar center is located in Beaverton at the intersection of Murray and Allen Boulevards. It is assumed that convenience shopping east of 217 is difficult for those living in the areas north and south of Scholls Ferry Road and access to community shopping facilities on Pacific Highway to the south is also difficult for those living in the vicinity of Scholls Ferry Road. * To calculate the projected population, a boundary was ., drawn around the existing and planned residential areas, centered on Scholls Ferry Road, west of 217. Because of the street pattern in the area, the distance from the location of the proposed change varies from 3,000 to 12,000 feet. The approximate boundaries are Brockman Road on the north, 217 on the east, Walnut Street on the south, and Beaverton and Tigard city boundaries on the west. (A map will be available at the November 25th hearing. ) We did a rough calculation of the gross residential acreage by zones within the boundaries, using Beaverton and Tigard zoning maps. Property in the county and lands held for public or utility use were excluded. The gross residential acreage estimates were then reduced by 25% to account for local access streets; major street alignments were omitted from the calculation. This resulted in a net residential acreage figure which was multiplied by the zoned densities and an average household size of 2.5 persons. (In the Tigard area census tracts, 1985 household sizes are 1.85 for multi-family and 2.54 for detached single-family units. ) The results show an estimate of approximately 15,000 people on the Beaverton side of Scholls Ferry Road and almost 15,000 people on the Tigard side. -3- S In conclusion, a community shopping center in this vicinity is well situated to serve a growing population base, and the adjacent center lacks expansion space to cope with the growth projected by the Tigard and Beaverton plans. Finally, given the fact that the Sorrento/North Dakota intersection will become the major north-south access in the area , as opposed to 121st, and that Beaverton's recent zone change will accommodate office uses in the vicinity, this proposed change is appropriate for the site. r WARD CmqPLO 5 Oc�i � WASHINGTON COUNTY.OREGON December 18, 1985 Mr. Howard Williams Howard's on Scholls 12220 S.W. Scholls Ferry Road Tigard, OR 97223 Reference: S & J Property Applicant Dear Howard: I have yet to receive copies of the slides which you presented at the Tigard City Council meeting on November 25, 1985. During our telephone conversation of December 5, you indicated to me that you would deliver there on the following day. Please advise me of your plans. Sincerely, William A. Monahan, Director, Community Development (WAM:br/2262P) .4171 12765 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639 m s t November 26, 1985 Clorf T11F^ RD WASHINGTON COUNTY,OREGON Mr. Howard Williams 12220 S.W. Scholls Ferry Road Tigard, OR 97223 Reference: S & J Properties Hearing Dear Mr. Williams: Following the public hearing on S & J Properties before the City Council last night, Z informed your associate who assisted you with your slide presentation that the City requires that copies of the slides which you displayed be made part of the permanent public record. Any materials used in a public hearing of this nature whether a photo, map, model, or document must be preserved in the case of appeal, as required by the City code. Please take immediate steps to either submit the slides shown, or have a duplicate set made and submitted to me. Thank you for your prompt attention to this matter. Sincerely, t i am A. Monahan, Director, Community Development (WAM:br/2187P) 12765 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 MAC Agerda �8 For 5I ide EX I i4s See Cou �� e 17-sd$s A fMA-'8 fly4urc I Appe2i LPA ,�15 MAp �!l(► 1 1 1 1 1 J 1 1 1 1 1 1 !0 1 f !T l t _..:--. __, r_—_..._........,s -_. :._-_,..,-rte,,,:,-. ._'.- �•._;� .: ...> f' f 1 1 1 ► i 1 i 1.1-� + 1 f s fttl�!>7�r+TTl+!=mTm t�rri�o t�7jt7r��li 1 Citjttl t"�ijiryl Ijt(t�! �t(Ipa Iltftlt itt J!t Ali Ali ili Iti I`i I t i t I i i e i r i s1._. -- . j + P T I 1 t' 1 ( I + I Irlll ( t11 + 1 ( + i NOTE: IF THIS MICROFILMED DRAWING IS LESS CLEAR THANTHIS NOTICE, IT IS DUE TO .. THE QUALITY OF THE ORIGINAL _ DRAWING. ,' OE ii2 8Z LZ St SZ 6Z EZ Z2 IZ OZ 6t 81 LI 91 5!_ bl EI ZI II 01 6 -8 L 9 5 6 E Z ! a �atroulial�xulDN�uxlxn�etdxr>JnnJq�� MARCti -------- 4: I I1 I - -.11 ell -J I 111(,Y/ 77 ............ w—R Tj Lil 11 wE NK E: dbL 11 F— A E.41C. Ce z� UU VERTOW � �, �� 7 RE L�--"—21,17 . . 4.. L7-7 -1 I x � . �-off`° I �;� L-L13 U 1-16==�,L U., G� —j 11 IM n BEAVERTON z J7/ SEXTON MOUNTAIN 4K, Ef— J PER MOUNTAIN :L1 Q F--,,. Lj U L Li E- -7 �E T E g 2TARK f TIGARD II If LL � 1 _, /I �F �, � 'iQ\/�:` 9" , �o�` �` E �1� - ��r ;,`-,IDS KI �` lunilu oo \ ` � � tc� °. / LL IT Lj j L BULL MSN X15 A n Jill I _Zc Lan IGARD KING CITY , L-A AV I�uj 5j C i� „ - ° �'-�p,��a ,;,$q �, � ,-I 'I moi' y $ �I 1L 'Flo el HL TIGARD) ((J Q/ iF par I 2 3 4 5 6 7 a a I .1m —5c .-a iz�szl -02 e1 ox Elk MARCH 1 7 199 14 J2,.` � \�, f \.S\�� % �� /� a ❑17. —(; 4� U�� v.° 9.�w�;,. C\\Jo``= �V y �1�'<4<;�; O\\f�yL `V❑��'."°'� I .,l° 3> 0,,` .V y +• ��<�� ,,.��0 ❑4`4�. r,... �.D'❑�U//.%li a....a(�� /' ._-- —. (�=� \��❑ s 'JI ��❑ ..❑= IIS-ua :w oho .s� �� ; s, a ��7; =❑ , j , � I �--�❑ I ar .I �/° x%'°•.�: :�f� .� �.0 t1� �Q>--„,��:�.° +.,h❑ �� f°Ot � �`�I p-'�: r�"° J - "`"° `W 1 I �'l�� .y .\�� •y°�.—J❑�C: � 'r�� ' �,a4 I� C❑'r'-','°"��--- - ,°❑„❑°,�'� I /O. '+,..., ��._I❑ g�"YJ`, .�13 �'°��,.a`i`q�ko.,.,, �:I � `xy., , ��.1\ Ir. ❑• ^.�" I �� 7 �<_ - _�� _ �❑I-' tr❑,. ,.°°” ��v, a � �.:�o4`'I.,,..w.�° •°�..JJ�..= ! 1 e�s '�� . i _ / BE9VER>ON ' a N _ C ❑°^o r.,<� ��a• +... =.lC 7 0�� •, .."., r I CR£fK ,w ,VER J�ax ui.= i ��c .,,g.c.ao.❑��.`J�.c�,�J� `❑❑$ *❑,l„x°.. o 'aa; e \ �o ❑Cl ° •”` '�A' ,/ a .x a :�'' � • 'lla� ��❑ y// ,". '*..II�, `❑°" ��' °�� c � � C+CIOpp Q � - - ` - � C L�o`a� o��l- ^II—,/� [❑ a�k,;a O - �� ° n �[`� Opp N 10 a a � C `` )�1, '� . °.� g _❑ ;� a��fl ❑_ �D .• p7i�i.oC q 30 : � s dila a — ❑❑ P .E _ '. a ❑ 1. � �1 ❑ �c�" O. ❑ �F�1) , ,mak," - - �� _ .... �= Qtr= �❑ �l�G--��,.� � ��_❑� I I" :nrs�s. rsr � ,-... n BEAVERTON s v� �p�` I ❑ a - - rc/ �� .�� o „ _ .�<. oCoC Ul pc; I ,..❑ �°Q;\s. M,� �Jr� �_ - J J � �I� �� ❑ ." ��o � WW I x. ,oEx�w, If �❑,. �� L o❑ sof r aa... ❑ � ❑`.<< I., — ° BEAVERTON SL SEXTON C MOUNTAIN c / K:.•'P�. ,°°° zl°< ,� � j,. 'sem L'J`L^"-...,, / n•�,� •<:� �'<�I.d=t,' o C'aa 1 ° .. 1 rnocarss � < Mo OPER / /gym. . el�� °U: �~•� 1,�4..` 1 \ fk�_ �_ MOUNTAIN a"= .��'�❑�❑ r�� = LJ � .oma• � �o:l ❑ / l✓t.�J " .LYS � ❑ Dab x _ . J— suMM � .,. ❑ S,.° !Fr m I .:zs�"� �g\u I\ 1 _...�" �� ❑ L TIG RD a °...°. . ° - �' ...°.°.x. � ❑ I �TIGARD _r ��.�," .D 4 ao ��-�"°❑UJLJJV, e� �;'�.,<•i __ ,500 _ <1 �. �., :a ]I �A E <��°,w.�.i`,� _ � I q•O' loos..�. • s 1 � �� <�� f U I �.I1nIIIII ��..,o I � ��, � I � "�, � 'b �_ •• �O CRYS AL I �❑�" p• ,I 1�� J ❑ TIGARD KINi° Z� q < �I • 8 ro x n. , x �/`° kI C CRE _ � .erCri LP ,-.....•....:,...—._.+rel..-:.. m_ tku L I, . pnl�l I I Vpingnga'I I I I I I I npnlgglPpBPlllmlrt911pp�iBlnl�nqqtllppl�pnlql gglPpuyp ngn'pP! II Pnl'upl'Jnn'Igrpl Ipopl n� yl i rnrt: Ir ixO ptwr 2 0 9 6 O i ow•ti0 Is i[ss a[.n _ ___._.'a cl- LI 21 it YI cl 21 11 OI a • t Y i • c a 1 W Ms4�,i1T 0�Tf a . of olh 114nawLmMwhr'adcnhnllrJBll°Wal®uaaaonaummJ�lu6 Iu�nWal oz Lz ca ¢ rz cz zz a oz M A ~ ' CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: AGENDA ITEM #: DATE SUBMITTED: 10-23-85 PREVIOUS ACTION: ISSUE/AGENDA TITLE: CPA 3-85 and ZC 3-85 S & J Properties PREPARED BY: Keith Liden REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY This application is to be heard by the Council following the remand from LUBA. ALTERNATIVES CONSIDERED 1. Approve and adopt findings prepared by staff. 2. Deny and adopt findings with the assistance of staff. SUGGESTED ACTION Alternative 1. 2O27P/dmj ;,". CPA 3-85 ZC 3-85 ilium MEMORANDUM Milk CITY OF TIGARD. OREGON T0: City Council October 23. 1985 FROM: Keith Liden SUB,TECT: Portland Fixture/S & S Properties CPA 3-85/ZC 3-85 Summar Following a remand from LUBA regarding the City Council denial of CPA 3-85/ZC 3-85, the Council held a hearing to determine how a second review of the application would be conducted. A hearing before the Council was set for October 28, 1985. The Council also indicated that the following items would be considered as relevant evaluation criteria: 1. Statewide Planning Goals and Guidelines 2. Tigard Comprehensive Plan a. Policies 2.1.1., 5.1.1. . 5.1.4, 8.1.3, and 12.2.1 a. b. Locational Criteria, Section 12.1 pertaining to General Commercial and Commercial Professional. 3. Tigard Community Development Code a. 18.22.020 Purpose (Amendments to the Code and Map) b. 18.22.040 Quasi-Judicial Amendments and Standards for Making the -- Decision. C. 18.30.120 Standards for the Decision d. 18.62.010 Purpose (C-G Zone) e. 18.64.010 Purpose (C-P Zone) A revised set of findings has been prepared by the applicant which addresses all of the criteria noted above. The staff has assembled a packet jaw of this issue. The following items of information for the Council's rev are included: 1. Staff report. 2. Applicant's supplemental statement addressing the criteria noted above prepared by Cogan, Sharpe, Cogan on October 16. 1985. 3. City Council minutes relating to this item after it was remanded from LUBA (September 9th and 16th, 1985). 4. Final order denying CPA 3-85/ZC 3-85 (Resolution No. 85-28). CPA 3-85 ZC 3-85 Page 1 5. Council minutes for the decision for denial (April 22, 1985). 6. Planning Commission minutes recommending approval (April 2, 1985). 7. Staff report presented to Planning Commission (April 2, 1985). 8. Traffic engineer's report prepared by Tom Lancaster. 9. Applicant's statement prepared by Greenhill Associates on February 14, 1985. Supplemental Staff Analysis The original staff report addressed the relevant Statewide Planning Goals and Plan Policies 2.1.1, 5.1.1, 5.1.4, 8.1.3, and the Locational Criteria in Section 12.1 that pertain 'to General Commercial Plan and Zone designations. The staff has reviewed the comments made in the April 2, 1985, report and we conclude that the findings are appropriate. The criteria which were not addressed in the original report are discussed below: Policy 12.2.1 The determination of a trade area for a commercial activity requires a considerable amount of research and analysis that the staff is not in a Position to provide. The Locational Criteria for both General Commercial and Commercial Professional indicate that trade area, site size, and gross leasable area will vary depending upon the nature of the development. It appears that either a C-P or C-G zoning designation would be consistent with part a. of this policy. Parts b. and c. of this policy have been met because the appropriate Plan policies and Locational Criteria have been applied. Locational Criteria - Comparison between General Commercial and Commercial Professional The criteria which apply in both cases are identical except for several additional items that apply only to properties being considered for a General Commercial designation. In addition to the common criteria, a General -- Commercial property must have direct access to a major collector or arterial street, availability of public transit, and a project with a scale that is compatible with surrounding uses. As noted in the original staff report, the staff concluded that all of the applicable Locational Criteria have been satisfied. Tigard Community Development Code a. Section 18.22.020 relates to legislative amendments and since the proposal is a quasi-judicial amendment, this section is not relevant. b. Section 18.22.040 gives general guidance regarding the items to be considered when reviewing a quasi-judicial change. The staff concludes that this section of the Code has been met because the applicable Plan policies, Code provisions, and Statewide Planning Goals have been applied. CPA 3-85 ZC 3-85 Page 2 This section also indicates that a "evidence of change the neighborhood or community or a mistake or inconsistency v the Comprehensive Plan or zoning map. . ." should be apparent. One ,ge in the neighborhood has been the significant increase in the amber of approved residential lots and dwelling units in the northeastern section of the City and the south portion of Beaverton. The second significant change in circumstances relates to the extension of North Dakota Street to the Sorrento RoadlScholls Ferry road intersection. These two factors have increased the potential demand for retail and other commercial services in the area and creation of a four-way intersection at the northwestern corner of the property has enhanced the accessibility of the site. C. Section 18.30.120 as well as Chapter 18.130 of the Code deals only with legislative changes to the Plan, Code, or map. d. Section 18.62.010 and 18.64.010 are the purpose statements for the C-G and C-P zones. These purpose statements are not intended to be utilized as evaluation criteria but are meant to describe the types of activities permitted in the two zones. The Planning staff concludes that the information and findings contained in the applicant's submittals and the staff reports address all relevant Statewide Planning Goals, Plan policies, and Code provisions. Since the review was initiated, the Tigard Comprehensive Plan was acknowledged, the State Goals no longer have to be addressed, 2027P dm j CPR 3-85 ZC 3-85 Page 3 COGAN SHARPE CO GAN M E M O R A N D U M TO: William Monahan, Planning Director City of Tigard FROM: Sumner Sharpe Cogan Sharpe Cogan DATE: October 16, 1985 SUBJECT: Supplemental Statement for CPA 3-85 / ZC 3-85 Our firm has. been retained to prepare a supplemental statement for the Portland Fixture/S&J property appeal for the October 28, 1985, City Council hearing. In this statement, I will refer to your September 27th memo to Mr. Jack Orchard which identifies the relevant criteria to be addressed by the applicant . 1. STATEWIDE PLANNING GOALS AND GUIDELINES -- The Tigard plan has been acknowledged, and this request is for a quasi-judicial change to the comprehensive plan and development code maps. It is our opinion that the statewide planning goals and guidelines generally do not apply. These would apply if the request were for a policy or code text change or a legislative action to modify the plan. The property is already designated for commercial uses, and this has been accounted for in the plan and code. This request is to allow for a minor change in the land use designation CP to CG, which could result in a different mix of land uses. however, the location of the property is such that the criteria for both CG and CP uses are satisfied and supportable in the existing plan and code. 71 SW OAK PORTLAND OREGON 97204 503/225-0192 2. TIGARD COMPREHENSIVE PLAN a. 2.1.1 Citizen Involvement Program. This is a city responsibility and does not apply to the applicant, and there is a finding on the record that this policy has been satisfied. b. 5.1.1 Diversification of Economic Opportunities. The change from CP to CG would accomplish the following: - The potential for a faster build out of the property, thus creating jobs faster than if the property remained CP, as a more diverse mix of uses is permitted in CG zones. - A more advantageous structural configuration. Professional servicers can locate in structures designed for low-rise commercial developments; however, it is often too costly to convert structures designed for office uses to commer- cial purposes. Furthermore, commercial type construction results in lower square foot costs to the lessees. Consequently, CG type developments offer more flexibility as market conditions change. - More diversity in uses and activities to serve the area. A survey of existing development along Scholls Ferry Road from the area in question, east to 217 shows that because of the inclusive nature of zoning, business and professional offices have already located in both commercial and industrial zones. Consequently, much of the demand for profes- sional services is already being addressed. In addition, some retail uses are found in = industrial zones. This has been the case on both the Tigard and Beaverton sides of Scholls Ferry Road. • Tigard (south) side of Scholls Fer west to east In the adjacent CG zone (Greenway Shopping Center) , the following CP permitted uses can be found: pet shop and grooming, , �rry' animal clinic, and post office. -2- In the IP zone, just west of the Southern Pacific railroad tracks, the Koll Business Center has more than 50 tenants, mostly offices, and includes several restaurants, a travel agency, business systems companies, health care offices, and a design firm. In the CG zone just east of the Southern Pacific railroad tracks, none of the uses currently in the Times Publications Building could be classed as retail; tenants include a career management counselor, an insurance office, and a diet center. ° Beaverton (north) side of Scholls Ferry west to east North of the Greenway Shopping Center, in an R5 zone, there is a day care center. The Parkside Center, zoned CS (commercial service) includes a medical emergency center and a dental care center. The Robinson Crossing Center, located within a CI (campus industrial) zone, is primarily retail uses, but includes an eye care center. The Nimbus industrial park, zoned CI, includes, or will include, office uses, a health club, a conference center, and a large pharmacy service. The point of this quick review is to show that, in situations where zoning is inclusive of other uses, as is the case with Tigard's CG and CP zones, the market becomes a major determinant of specific uses as opposed to zoning designations. It is our opinion that, given the degree to which business and professional services already are located in commercial and industrial zones not designated primarily for professional services, the 5.4 acre site in question here cannot be expected to develop exclusively for professional and business offices. As market conditions dictate, professional services locate where appropriate and as allowed by the underlying zones. -3- Furthermore, up to 30% of Tigard's CP sites can be developed with certain CG permitted uses. Therefore, the difference between CG and CP may be more a matter of perception than reality, but the CP designation inhibits development given the existence of other office development in the vicinity. Finally, with regard to the timing of development and job creation, a CG zone which allows a broader array of commercial services as permitted uses allows for a more flexible development and marketing response to the marketplace. C. 5.1 .4 Non-Encroachment The area is already designated as commercial, and no expansion of the zone is requested. Therefore, this policy does not apply. d. 8.1.3 Development Preconditions It is understood that these preconditions are acceptable to the applicant. With reference to 8.1.3.e, the traffic engineer for the applicant has identified that a minor change in the signal system is possible to accommodate the differences in peak hour traffic that may be generated from CG uses as opposed to CP uses. Given the flexibility provided by both zones in terms of allowable uses and the mixed use nature of the development pattern in the Scholls Ferry Road area, it is not possible to be definitive about the exact character of traffic in the area. For example, office uses in C and I zones create less peak hour traffic and may not have been accounted for in traffic forecasts. Finally, the Tigard comprehensive plan did not identify the level of street improvements that has resulted in the North Dakota extension which connects 121st Avenue to Scholls Ferry Road and creates a major four-way intersection with S. W. Sorrento Road at Scholls Ferry Road. This change of circumstance results in a modified traffic pattern; and as Sorrento improves, North Dakota provides a more direct connection to 121st as t opposed to using Scholls Ferry for a Sorrento/121st s connection. -4- Scholls Ferry is a state highway, and a major four-way signal at the North Dakota/Sorrento intersection is planned. Modification to the signal to reduce congestion due to any traffic increases due to CG type uses as opposed to CP type uses is achieved easily as outlined in the traffic engineer's report. e. 12.2.1a Appropriate Commercial Development The CG zone allows all CP type uses. The "scale" criteria for CG and CP zones are virtually identical; trade area, site size and leaseable area are varied, presumably based on market conditions. f. 12.2.1 Locational Criteria All locational criteria for CG are addressed by the proposed change. With the decision to have the North Dakota extension serve as a major connection between 121st and Scholls Ferry Road, the site is served by major roads on two sides. This improvement and the proposed traffic signals make it possible to accommodate CP or CG traffic; and if added traffic results, signal modifications are possible to mitigate any impacts. 3. TIGARD COMMUNITY DEVELOPMENT CODE a. 18.22.020 Legislative Amendments This section does not apply; this is a quasi- judicial amendment. b. 18.22.040 Quasi-Judicial Amendments and Standards A request for a comprehensive plan map change is submitted concurrently with the zoning map amendment. As has been shown, there is no adverse effect on health, safety and welfare. The only possible impact is a potential increase in traffic generation, which is not adverse for three reasons: -5- 1. The North Dakota extension was not part of the city's comprehensive plan when the site was designated CP, and therefore the current capacity of the interchange easily exceeds that projected by the plan. This is a change in the traffic pattern not foreseen at the time of plan adoption. 2. The mixed use development along Scholls Ferry Road suggests that traffic generation character- istics are not related solely to underlying zoning; i.e. , there are no developments with one type of use in C or I zones. 3. If the development on this site is primarily retail versus business/professional services, then additional traffic generation can be anticipated; however, given the plans for a four-way signal at the intersection, a slight modification in the signal will mitigate the additional traffic and maintain "C" level traffic flow standards. c. 18.30.120 Standards for the Decisions All standards have been addressed including the change of circumstances related to the North Dakota Extension. d. 18.62.010 CG: Purpose Professional services are allowed as outright _. uses in CG zones; thus that potential is maintained by this change. It is located on a major arterial . e. 18.61.010 CP: Purpose The change allows for business/professional services. The CP zone across North Dakota from the site in question maintains the transitional use of CP. The residential zone south of the site in question already abuts an existing CG zone; therefore an expansion of the CG zone does not dramatically change the nature of zoning relationships. -6- t Opportunities to create business and professional services to serve the nearby residential neighbor- hoods are preserved, and the possibility of more rapid development due to enhanced development and marketing flexibility will support the city's economic growth. The uses will be compatible and supportive, as business and professional services are allowed under both CG and CP zones. Finally, under the terms of current CP zoning , there are no guarantees that primarily business and professional offices would locate here; for example, a permitted motel/restaurant (transient lodging) could utilize the entire site. CONCLUSION This change will have little, if any, impact on the health, safety, and welfare of the community. - Business and professional services are permitted in CG zones, and these uses can be sited more cost effectively in commercial type structures than can retail type uses in structures designed for offices. -- It already exists as a commercial zone on the plan and zoning maps. - If additional traffic is generated, it is easily mitigated as a condition of development. - The development of North Dakota as a connection between 121st and Scholls Ferry is a change of circumstance not identified in the city's plan. Given this improvement, the traffic impact differential between CP and CG is minimal. - Development along Scholls Ferry Road is diverse in nature -- business and professional offices exist in CG/CS and industrial zones, and retail uses exist in industrial zones. Consequently, it is questionable to assume that a CP site would be developed entirely as business and professional services or that a more flexible CG zone would not include business and professional services. In our estimation, development of existing business and professional services in the vicinity has weakened the market for development of a substantial amount of new business and professional services. - By allowing the change to a CG zone, more flexibility in structural type and a faster construction schedule is encouraged, , more diverse economic activity is promoted, and the creation of jobs is likely to begin sooner. -7- c. Committee members advised Council that focusing on the Downtown area has given the Committee more structure and is creating a more Ash cohesive atmosphere on the Committee. There was concern that more work needs to be done to strengthen the ties with other Economic Development committees in the surrounding area. d. Co cil expressed their appreciation for the Committee's efforts and ' e to date and encouraged them to appear before the Budget Committ with any requests for funding which should be considere Council further supported focusing on 1 or 2 major goals and i ' ated Downtown Tigard is especially appropriate. e. City Administrato stated the last legislative session set new changes in the Loca Improvement District laws which will impact economic development h in the public and private sector. He suggested this information ould be provided the Committee. f. Community Development Director tated that the Council will see members of the Committee appeari to testify at public hearings in the future. They are encou ing developers to present development requests to them for comme CIVIC CENTER DISCUSSION 6 UPDATE a. City Administrw or distributed revised Project dget Report and stated the October report should be more detailed ter the soils dispute is resolved. He advised Council that the ivic Center Advisory Committee is meeting regularly again. _ b. Carolyn Eadon, Civic Center Advisory Committee represent ive, stated that the Committee members are going to be viewing the s e more often. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT CPA 3-85 AND ZONE CHANGE ZC 3-85 PORTLAND FIXTURE/S 6 J BUILDERS NPO q7 Review on the record of the City Council's denial on April 22, 1985, of a request for a0proval for a Comprehensive Plan Amendment and Zone Change from CP (Commercial Professional) to CG (Commercial General) for a 5.4 acre site. Located: South side of Scholls Ferry Road, immediately west of Greenway Towne Center, WCTM iS1 348C, Lot 400). a. Public Testimony portion of hearing was concluded at the 9/9/85 meeting and consideration of Council was continued to this date. b• Legal Counsel stated Council needed to identify those sections of the code which are relevant to their decision. He suggested that if sections of the Code and Comprehensive Plan were considered in the formation of a decision which were not addressed at the previous hearings, then the participants need to have a chance to respond in a Public Hearing either before Council or Planning Commission. C. Council noted the following areas of the Code which should be addressed in a public hearing: e 2 - COUNCIL MINUTES - SFPTEMBFR 16, 1985 18.64.010 - purposes of the CP zoning not addressed. 18.64.010 & 18.62.010 - definition of both zones not addressed. Camp. Plan Section II, pages 79-86 Policy 12.2.1 18.30.120 - Criteria for Council approval 18.22.010 18.22.040 Beaverton Zane/Comp Pian Maps All LCOC Goals d. Motion by Councilor Edin, seconded by Councilor Brian to set full evidential public hearing before Council on 10/14/85 at 7:00 PM to hear issue. Approved by unanimous vote of Council present. e. Jack Orchards, representing applicant, asked who would determine what items are to be addressed at the new hearing. f. After lengthy discussion. consensus of Council was that the , Community Development Director would advise applicant of sections i outlined by Council as areas of concern, however, that listing would not be all inclusive. g. After further discussion, Councilor Edin moved to reschedule the j hearing date from 10/14/85 to 10/28/85 at 7:00 PM to give applicant further time to prepare presentation. Approved by unanimous vote of Council present. COUNCILOR EDWARDS ARRIVED: 8:10 PM 8. ANNEXATION PLANNING AREA AGREEMENT Tabled from 9/4/85 Meeting a. Consensus of Council was to continue this item to 9/30/85 meeting. 9, CITY QUE ONNAIRES DISCUSSION a. Consensu f Council was to continue this item to 9/23/85 meeting. 10. CABLE TV RENEGOTIATI REPORT a. Councilor Scott dis 'buted a summary of the agreement reached between MACC and Store etro Communications, Inc. She requested input from Council regards their concerns as she was scheduled to attend another meeting with ACC on 9/16/85 at 4:00 PM. b. Legal Counsel state that he would studying the agreement with the Legal Counsel from MACC (Mr. 0 Cooper) and would also respond to any concerns Council might expr s. Page 3 - COUNC.IL MINUTES - SEPTEMBER 16, 1985 Senior Planner noted history of request and noted that Staff, Planning Commission and Cc:I have differences of opinion on some ommendations. C. Public stimony: Gerald Crow, ow Engineering, requested Council approve staff's recommendation t allow gravel parking, areas for special areas, i.e. temporary uses. d. Staff requested direction m Council. e. Public Hearing Closed f. ORDINANCE NO. 85-31 AN ORDINANCE AM ING SECTIONS 18.56.050 AND 18.58.050 OF THET COMMUNITY DEVELOPME CODE AND DECLARING AN EMERGENCY (ZOA 4-85) 9. Motion by Councilor Scott, seconded by Counci Edin to adopt setting minimum setback requirements. Approved by unanimous vote of Council present. h. Council discussed other proposed changes with staff and ve direction for preparation of ordinances for the 9/23/85 meeting. (6. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT CPA 3-85 AND ZONE CHANGE ZC 3-85 PORTLAND FIXTURE/S & J BUILDERS NPO # 7 Review on the record of the City Council's denial on April 22, 1985, of a request for approval for a Comprehensive Plan Amendment and Zone Change from CP (Commercial Professional) to CG (Commercial General) for a 5.4 acre site. Located: South side of Scholls Ferry Road, immediately west of Greenway Towne Center, (WCTM 1S1 348C, lot 400) . a. Public Hearing Opened b. Legal Counsel noted that Portland Fixture Company, S d. J Builders, have petitioned LUBA for review of the Council decision of April 22, 1985 which denied a comprehensive plan amendment and zone change. The Council needs to review the application based upon the prior record and the testimony given on the record at this new hearing. A decision should be made based upon the criteria established in the comprehensive plan. He recommended a tentative finding be made with direction to staff for preparation of the i adoption papers to adopt findings and conclusions. t COUNCILOR BRIAN ARRIVED: 7:54 P.M. C. Public Testimony: eft lents C Jack Orchard, 1100 One Main Place, Portland, stated that Council f needs to address 7 criteria in making a -decision and had only `- addressed 5 at the original hearing. He noted that State Wide Planning Goal #12 and Chapter 1.2, Locational Criteria must be addressed. Page 2 - COUNCIL MINUTES - SEPTEMBER 9, 1995 tie requested traffic engineer information be considered regarding the impact of the traffic from the proposed site. o Tom Lancaster, traffic Engineer, posted a map of Lho proposed intersection at Scholls Ferry/Sorrento/DakuLa and distributed a synopsis of the traffic study report for Greenway Town Center Phase II. tie reported that congestion and safety would not be significantly impacted if the proposed signal would provide a special signal phase for the northbound right turn traffic. This modification of the signal would be about $1.000. o Mr. Orchard noted that the developers would bear the entire expense of the modification to the signal. d. Senior Planner Liden stated the Staff recommendation for approval stands as before based on a strict interpretation of the codes. Legal Counsel noted that any decision may by Council would have to be based on the criteria set out in TMC 18.22.040. Q. Public Nearing Closed f. Council Consideration o Councilor Brian stated that the plan design and long term community needs were addressed during the Comp Plan hearings to set the standards and that today's market should not be the issue considered. o Councilor Edwards agreed with Councilor Brian and added that there was concern that the traffic study does not address the true traffic impact to the area. o Councilor Edin stated that LCOC has logically required good plan designations and the burden of proof for the change is on the applicant. He wished to evaluate the comp plan further and -' requested this item be continued for 1 week for study. o Mayor Cook stated the NPO was present at the last hearing and they recommended denial of the request. Comp Plan hearings were held for over two years to make the designations originally and felt the intensity of the use would lead him to stay with the existing zoning. g. Discussion followed whether the Beaverton/Tigard zoning maps could be considered at the hearing for use in studying the issue for a week. h. Motion by Councilor Edin, seconded by Councilor Scott to continue the Council Consideration of issue to 9/16/85 to allow Council additional time for consideration and detailed study. Approved by unanimous vote of Council present. Ci. Mr. Orchard questioned whether he would have a change to address the new information of the surrounding zoning maps. tie was concerned he might be precluded from any input. Page 3 — COUNCIL MINUTES — SEPTEMBER 9, 1985 j . Legal Counsel stated everyone should have the opportunity to address that issue. C k . Mayor Cook stated that if that information were deemed necessary for consideration by Council that the issuo could be remanded back to the Planning Commission for this to be introduced into the record. 7. MSTIP RESOLUTION 6 LETTER OF INTENT Mayor Cook read into the record the memorandum From the Transportation Committee setting forth their recommendations noting support of a bond measure with conditions. b. L thy discussion followed. C. RESOL ION NO. 85-75 A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORT G THE WASHINGTON COUNTY TRANSPORTATION COORDINATING COMMITI'E MAJOR STREETS TRANSPORTATION IMPROVEMENT PROGRAM (MSTIP) AND ECOMMENDING SUBMITTAL TO THE VOTERS. d. Motion by Ca cilor Brian, seconded by Councilor Edwards to approve. e. Tom Sullivan, Trans rtation Committee Chairman, spoke to the bond measure as the best y to insure funds are available for all cities. f. Bruce Warner, Washington unty Deputy Director For Land Use and Transportation, stated that his would be a joint project and that a bond proposal would be the y to get the full benefit for the jurisdictions projects. He no d that October 1st is the hearing before the Board of Commissione regarding the road jurisdiction issues for the City of Tigard. S. Motion to approve Resolution No. 8 75 was approved by a 3-1 majority vote of Council present. Coon 'lor Scott voting nay. h. Consensus of Council was to send the Res ution and a letter of intent setting out conditions of support as et out in the Tigard Transportation Committee's Memo and ask the unty to also commit to cities being allowed the option of ad 'nistering certain projects within their jurisdiction. 8. COUNCIL/STAFF TRAINING WORKSHOP DISCUSSION A. After lengthy discussion on this issue, consensus of until was to hold a workshop in Tigard on October 12. 1985 from 00 AM to 4:00 PM. This workshop will be for Council only, howe r, the meeting is open to the public. Executive Staff will of be required to attend and will not be compensated for their ti a if they choose to attend. Each Councilor will submit items for the agenda to the Mayor by 9/16/85. Mayor Cook will then prepare n ' j.� agenda for the meeting and will work with staff to publish a �, - call the meeting at the appropriate time. The professional trainer will not be used for the session and the location of the meeting is to be determined at a later date. Page 4 - COUNCIL MINUTES — SEPTEMBER 9, 1985 es: CITY OF TIGARD. OREGON RESOLUTION NO. 85-_.aE A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR A COMPREHENSIVE PLAN AMENDl1ENT AND A zONE CHANGE REQUESTED 8Y PORTLAND FIXTURE CO.. FILE NO. CPA 3-85 AND zC 3-85, DENYING THE APPLICATION REQUESTS. ENTERING FINDINGS AND CONCLUSIONS. WHEREAS. the Tigard City Council heard the above application at its regular meeting of April 22. 1985. The applicants appeared and ward represented by Hal Hewitt and Tom Lancaster; appearing in opposition was 'Joe Schweitx of NPO 07. WHEREAS, The Council finds the following FACTS in this matter: 1. The applicants for .this matter. Portland Fixture Co., requested a reclassification from C-P (Commercial Professional) to C-G (Commercial General) for a 7.9 acme site designated as Washington County Tax Map 1S1 348C. Tax Lot 400. The • explanation supporting the request is found in File No. CPA 3-SS- 2. The Council had before it the record of the proceedings before the Tigard Planning Commission which voted to approve the request. with three dissenting votes, on April 2. 1985. 3. The relevant approval criteria in this case are Statewide Planning Goals 1. 2, and 12, Comprehensive Plan policies 2.1.1, 5.1.1, 5.1.4. 8.1.3 and Chapter 12, locational criteria. WHEREAS. based on the record in this case from the Planning Commission hearing of April 2, 1985; and the City Council hearing of April 22, 1985, the Council _. makes the following FINDINGS in this matter; t. Statewide Planning Goal 01 is met because the City has adopted a Citizens Involvement program including review of all development applications by the Neighborhood Planning Organization (NPO). In addition, all public notice requirements were met. 2. Statewide Planning Goal &2 is met because the City applied all • applicableStatewide Planning Goals, City Comprehensive Plan Policies and Development Code requirements to the application. 3. Statewide Planning Goal 012 is not satisfied because the proposal will have a negative impact upon Scholls Ferry Road by increasing traffic. At the City Council meeting on April' 22, the Council heard conflicting testimony concerning the amount of traffic Mich the property would generate developed under the present C-P. and the RESOLUTION NO. 85-g2S a Page 1 Proposed C-C designations. The Council determined that the present traffic situation on Scholls Ferry Road would be more adversely affected with the addition of traffic from the property if built under the C-G zoning designation than under C-P. 4. City of Tigard Comprehensive Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding Property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. S. City of Tigard Comprehensive Plan Policy 5.1.1 is met because the proposal 'rill have a small positive effect upon the number of jobs available to Tigard residents. It is estimated that the subsequent commercial development will provide. between 150 and 200 jobs. Development under the C-G designation, however, could result in less higher paid skilled positions than under C-P. 5. City of Tigard Comprehensive Plan Policy 5.1.4 is satisfied because the proposed change from C-P to C-G will not enlarge the area' presently designated for commercial use and will not encroach upon nearby residential areas. 7. City of Tigard Comprehensive Plan Policy 8.1.3 will be satisfied as a condition for development of the site. Before any commercial development ,occurs. City approval through the Site Development Review process will be required. S. The applicable locational criteria are partially satisfied for the following reasons: a. A residential zoning district is only adjacent along the southern boundary of the site. b. The change of zoning would create additional traffic congestion or related problems which cannot be remedied by the proposed traffic signal - at the Scholls Ferry/Sorrento/North Dakota intersection. Although traffic volume would also be increased if the property is developed under C-P, the number of types generated by the property when developed out to full capacity under C-G is greater, thus adding to the traffic volume of Scholls Ferry Road. C. Direct access to an arterial and collector street is available. d. Public transportation is available on Scholls Ferry Road. e. Because of its location and the Site Development Review Approval which is required prior to development, a compatible relationship with nearby properties can be maintained. RESOLUTION No. 85-0�c� Page 2 9. The applicant's failed to persuade the City Council that the plan designation is improper. The plan was adopted in 1983 following substantial community input. No plan policies cited by the applicants convinced the Council that conditions in the area have substantially changed to compel a change to C-G. In t addition, no convincing evidence of mistake or inconsistency was presented. 10. The applicants failed to address the long -term comity needs of the City, for Commercial Professional land uses. The Council interprets the Comprehensive Plan to bQ a long range u=� an created to progide for the many diverse and competing 05 and business which serve the public need. A reduction in the amount of land dedicated to commercial professional developmentove in this section of Tigard would have a negative impact the projected period of the Comprehensive Plan. N YA, THEREFORE, BE IT RESOLVED by the Tigard City Council that: € Section 1 The Council adopts the following CONCLUSION OF LMA: 1. eased on Finding No. 3. the Council has determined that the proposed change in zoning will result in development with the potential to greatly increase traffic over that which the existing zoning would generate. The increase adtraffic with have ve a detrimental impact upon Scholls Ferry completion of a new traffic signal. 2. Based on Finding No. 8, locational criteria have not all been met. The change of zoning would create additional traffic congestion and related problems. 3. eased on Finding No. 9, the Council finds that the applicant has not provided persuasive arguments to change the comprehensive k plan and zoning designations and then reduce • the amount of available C-P zoned land in this section of the City. Section 2. The Council, therefore, ORDERS that the above referenced request be. and the same hereby is, DENIED. The Council FURTHER ORDERS that the Planning Director and the City Recorder send a copy of the Final Order as a ,Notice of Final decision to the parties in this case. PASSED: . This -171 day of YMUA- 1985. or - City of Tigard ATTEST: Deputy City Recorder - City of Tigard (IMAM:br/1280P) RESOLUTIONNO. 85- Page 3 . MEN to adopt Coun r Brian moved. Councilor Edwards seconded. Ordinance 85-17. Approved by 3-1 ity vote of Council present. Councilor Scott voting Nay. A sacond ing is required. 7, COMPREHENSIVE PLAN AMENDMENT CPA A- ZONE CHANGE ZC 4-85 KRUEGER NPO N7 PUBLIC HEARING OPENED a. Councilor Brian moved. Councilor Edwards seconded. t retinue the Public Hearing to May 6. 1985- Approved by unanimous vote of Council present. 8. COMPREHENSIVE PLAN AMENDMENT CPA 3-85 ZONE CHANGE ZC 3-85 S J B ',,DERS NPO #7 PUBLIC HEARING OPENED Development Director gave a summary stating the Planning re Community royal of CPA 3-95 and ZC 3-85 from Commission recommended 6-3 app NPO 07 C-p (Commercial Professional) t o C-G (commercial General)•, opposed this recommendation PUBLIC TESTIMONY _..a. John Schweitz, NPO 117, stated thefelt was itnot shouldenough for go back to the NPO to heview this issue Planning Commission. be O Councilor Scott asked who's- expense thought traffic signal ignal Abe d the Community Development Director -- responsibility of S 6 J Builders. Joe Sehweit tine but did hadhad planned in the future to put a traffic signal s their responsibility. City Administrator knew off hand if it i stated there was a match requirement between S 6 J Builders and the City's System Development Charges• g Councilor Scott asked if the area would warrant a bike path and asked the NPO to look into this. O Councilor Brian had a concern on giving up the only parcel that is zoned C-P. S & J Builders (owner of Greenway Townb. Hal Hewitt, representing ea issues: t) Stripcommercial along Center) felt there were th Availabil_ityof Ofice Space, and Scholls Ferry Road, 2), 3) Traffic situation. The Greenway Town Center has rented out most of the good location that face the street. The vacant spacesis is a hly ite locations will go into Officemeet the. cr-iterias according togthe appropriate location and does State and Local code. page 2 -- COUNCIL MINUTES - APRIL 22. 1985 ! 1 o Tom Lancaster, Consulting Traffic Engineer for S S 3 Builders, stated he looked at the intersection of Sorrento and Scholls Ferry road where the traffic problem would most likely occur. A survey showed if there was no development at all the intersection would operate at a level C. IF there would be businesses in the area it would still be level C. With a zone change the intersection would operate at a level 0. This could be mitigated at level C with a traffic signal. PUBLIC NEARING CLOSED STAFF RECOMMENDATION a. Community Development Director and Planning Commission recommended approval of CPA 3-85 and ZC 3-85 from C-P to C-G Zoning. COUNCIL CONSIDERATION a Councilor Brian felt this issue should be looked at as a plan and that office space was not in demand now. He felt it dad not Justify a zone change at this time. b. Councilor Brian moved. Councilor Scott seconded, not to approve Ordinance No. 85-18. Staff is to bring back an Ordinance of the findings. Approved by unanimous vote of Council present. COMPREHENSIVE PLAN AMENDMENT CPA 1-85 AND ZONE CHANGE ZC 1-85 ALLISON PO NI PURL ERRING OPENED a. Commun Development Director gave a summary of the proposal. _ The appli ion is supported by staff and the Planning Commission for a Compre sive Plan Amendment from Central Business District to Medium Nigh nsity Residential and a Zone Change from CBO (Central Business) R-25 (Residential, 25 units/acre). NPO NI had the opportunity bu id not comment. PUBLIC TESTIMONY PROPONENTS a. Kenneth Allison, applicant. 6445 NE Un n Avenue. Portland. OR, stated when the property was first purcha d the zoning was C3M with a 10 foot lot line setback. The City ha changed the zoning to COD with a zero lot line setback. The bedroo of the JO_ t Pace the commercial property and the tenants woul bably move out when this property is developed because of noise. Also the property value would go down. Page 3 - COUNCIL MINUTES - APRIL 22. 1985 RECESS 9:00 P.M. RECONVENE 9:15 P.M. 5.4 COMPREHENSIVE PLAN AMENDMENT CPA 3-85 ZONE CHANGE ZC 3-85 S S 3 BUILDERS NPO # 7 Request for a Comprehensive Plan Amendment and Zone Change from C-P (CommeFcial Professional) to C_G (Commercial General) for a 7.9 acre site. Located south side of Scholl* Ferry Road, immediately west of Greenway Town Center (WCTM 1S1 3480 lot 400). Associate Planner Liden reviewed the staff report and made staff's recommendation for approval with one condition. -Discussion followed regarding the traffic signal at North Dakota/Sorrento and Scholls Ferry Road. APPLICANT'S PRESENTATION o Hal Hewitt, representing the applicant, reviewed the history of the Greenway Towne Center. He explained how they would like to expand the center as Phase II with a mixed use of retail and office uses and how it was needed to meet the needs of the neighborhood. He requested that their traffic engineer, Tom Lancaster, address the traffic concerns. o Tom Lancaster, explained he had done an independent traffic study and reviewed the impacts the proposed change would have on the area. He felt with the addition of the traffic signal at Scholl* Ferry and Sorrento Road would mitigate any increase traffic caused by this development. PUBLIC TESTIMONY o Richard Boberg, WIPO 7 Chairperson, explained that the NPO had reviewed this project. Originally the vote was 4-3 against the change. however, after more review the vote had changed to 6-1 against the change. They felt this would create strip development along Scholls Ferry Road. The NPO would like to see the property remain zoned CP as they had decided upon during the Comprehensive Plan process. o. Bob Johnson, S G J Builders. partners in the developers of Meadow Creek Apartment*, explained that they had selected their site because of the immediate access to retail space. High quality apartments and high density put a high demand on retail sites and he supported making additional retail property available. o John Morris, Morning. Hill Association, supported the NPO recommendation. According to the Comprehensive Plan, more commercial property was not needed. He felt the change would cause a strip f. zone. PLANNING COMMISSION MINUTES April 2, 1985 Page 4 q REBUTTAL o Hal Hewitt, distributed photos of the area, a diagram of the what the proposed expansion would look like, and an aerial photographs depicting the Commercial properties along Scholls Ferry, from Hwy. 227 to SW North Dakota. PUBt,IC HEARING CLOSED o Discussion followed regarding surrounding zoning, traffic flow, and locational criterial (CG B 2 A). o Commissioners Leverett. Campbell, Bergmann, and Peterson favored the proposal. Commissioners Fyre. Vanderwood. and Moen had mixed F feelings. Commissioner Butler opposed. he felt it violated the locational criteria. Commission Owens reviewed the history of the NPO and their concerns at the time of the original NPO 7 plan. * Commissioner B"mann moved to approve and Commissioner Leverett seconded to forward a recommendation f.rr, epproval to City Council. Also, they directed staff to take into consideration previous use } requirements when the Greenway Towne Center was originally constructed. . Motion passed by majority `vote, Commissioners Butler. Fyre. and Owens voting no. COMPREHENSIVE PLAN AMENDMENT CPA 1-85 and ZONE CHANCE 1-85 ALLISON uest to amend the Plan designation from the Central Business Dis ct to Medium High Density Residential and subsequently changing the zo designation from CBD (Central Business District) to R-25 (Resident 25 units/acre) for a 2 acre parcel. Associate Plan Liden reviewed the proposal and made staff's recommendation fo proval. APPLICANT'S PRESENTATION o Kenneth Allison, 6445 NE Un i Ave., Portland. explained that he had nice quality apartptents and di t want the quality to be destroyed by•having a commercial structure ilt up to the property line. He felt his property had originally bee zoned residential and he would like to have it rezoned to residentia o protect the livability of the apartments. - PUBLIC TESTIMONY o Carolyn Eadon, NPO # 1 Representative. They d not have a recommindation as they had not reviewed the project. PLANNING COMMISSION MINUTES April 2, 1995 Page 5 ��, AGENDA ITER 5.4 STAFF REPORT April 2, 1985 - 7:30 P.M. TIGARD PLANNING COMMISSION i FOWLER JUNIOR HIGH SCHOOL - LGI 10865 S.W. WALNUT TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 3-85 and Zone Change ZC 3-85 he Comprehensive Plan and Zoning Map designations REQUEST: Amend ti from Ch (Commercial Professional) to C-G (Commercial General for a 7.9 acre site. OWNER: S b J Builders APPLICANT: Portland Fixture Co. 5335 SW Murray Blvd. 338 NW 5th Beaverton, OR 97005 Portland, OR 97209 LOCATION: South side of Scholls Ferry Road. immediately west of 1S1 34BC, Tax Lot Greenway Town Center (Wash. Co. Tax Map 400). 1 2. Baekground The subject property was annexed to the City along with several other parcels in 1976 (ZC 12-76). The Comprehensive Plan adopted in 1983 property for Commercial Professional designated the northern section of and the larger southern portion for Medium High Density residential - use. Site Development Review approval for a 304 unit apartment complex on the -southern segment of the property was granted in 1984 (SDR 22-84). 3. Vicinity Information_ The eastern boundary of the site adjoins Greenway Town Center which is presently zoned .0-G. The area to the south is zoned R-25 (Residential, 25 units/acre) and construction of the apartment project has recently been initiated. In conjunction with the apartment complex, 125th Avenue will be extended along the western boundary of this site as well as the apartment project. This street will ultimately intersect with North Dakota Street at 121st Avenue. The parcel west of this street extension on Scholls Ferry Road is also zoned C-P. Other parcels to the south are zoned R-7 (PD) ., (Residential, 7 units/acre, planned development)- Scholls Ferry Road and the City of Beaverton lie to the north. 4. Site Information ' The site is preaentl�r undeveloped. A four-way Intersection will will constructed at the Scholls Ferry/Sorrento Road intersection 4 STAFF REPORT - CPA 3-85 6 ZC 3-85 - PACE I Y ARK include a traffic signal. The proposed 'Plan Amendment and Zone Change will allow for an expanbed list of commercial retail activity. 5. Agency and NPO Comments The .Building Inspection Office has no objection to the proposal. The State Highway Division has no objection to the request,sbut will be it is noted that curb and sidewalk matchir: t-" facility required. The Engineering Division has the follow'Lng comme"T'G: A. Site Development Review approval is required pri,. to development. b. Access to and from the site must be approved by the City and State Highway Division. C. Additional right-of-way should be dedicated along the Scholls Ferry Road frontage to provide a right-of-way width from centerline of 45 feet. NPO #7 is opposed to the proposal and a representative will be present at the hearing to comment. H. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide Planning goals 1. 2. and 12. Comprehensive Plan policies 2.1.1. 5.1.1, 5.1.4. 8.1.3. and Chapter 12, Locational Criteria. The Planning onthat e proposal consistent e the applicble Statewide Planning Goalsand Guidelineq, based upon the � following findings: 1. Goal #1 is met because the City has adopted a Citizens sInvo Involvement program including review of all development app the Neighborhood Planning Organization (NPO). In addition. all public notice requirements were met. 2. Coal 12 is met because the City applied all applicable Statewide Planning Goals, City Comprehensive Plan Policies and Development Code requirements to the application. 3. Coal 012 is satisfied because the proposal in conjunction with, the new traffic signal will not have a detrimental impact upon Sch011s Ferry Road. ined that proposal ent with The Planning orti portions of themComprehe sivee in Plan based findings the relevant p noted below: 1. Plan Policy 2.k.1 is satisfied because the Neighborhood Planning O�cgaaiaation-and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. STAFF .REPORT -- CPA 3-SS 6 ZC 3-85 PACE 2 2. Plan Policy 5.1.1 is met because the proposal will have a small positive effect *upon the number of jobs available to Tigard residents. it is estimated that the subsequent commercial development will provide between 150 and 200 jobs. 3. Plan Policy 5.1.4 is satisfied because the proposed change from C-P to. C-C will not enlarge the area presently designated for commercial use and will not encroach upon nearby residential areas. 4. Plan Policy 8.1.3 will be satisfied as a condition for development of the site. Before any commercial development occurs. City approval through the Site Development Review process will be required. 5. The applicable locational criteria are satisfied for the following reasons: a. A residential zoning district is only adjacent along the southern boundary of the site. b. The site will not create traffic congestion or related problems which cannot be remedied by the proposed traffic signal at the Scholls Ferry/Sorrento/North Dakota Intersection. C. Direct access to an arterial and collector street is available. d. Public transportation is available on Scholls Ferry Road. e. Because of its location and the Site Development Review approval which is required prior to development, a compatible relationship with nearby properties can be maintained. Concern has been expressed regarding the ,potential this proposal would have for encouraging "strip" commercial development along Scholls Ferry Road. Although the Comprehensive Plan does not contain any policies which deal specifically with this issue, it is the staff's position that this proposal does not pose such a threat for the following reasons: 1. The site is presently designated for comuercial use. 2. The change will broaden the list of commercial uses permitted and It will not displace residential uses. 3. Other undeveloped properties along Scholls Ferry Road in Tigard (and Beaverton for the most part) are designed for residential use. Conversion of these lands would require closer scrutiny on the part of the City. Also, `the City is obligated by the Metropolitan Housing Rule to provide for an equal mix of single family and multifamily residences with an overall density of 10 units per acre., Any proposal to convert residential land would need to show compliance with this rule. ;STAFF. REPOR - CPA 3-85 6 ZC 3-85 PAGE 3 A second concern relates to the igtena of this C-P designation to provide to medical ani other professional services for the general area. This proposal would not preclude the establishment of these activities since they are permitted in the C_G zone as well. Also, similar services are established east on Scholl& Ferry Road in Beaverton and appropriate zoning for this activity exists in the Progress/Washington Square area. C. RECOMMENDATION Based upon the findings and conclusions noted above. the Planning staff recommends approval of CPA 3-85 and ZC 3-85 subject to the following condition: 1. Additional right-cf-way shall be dedicated to the Public along the SW Scholls Ferry Road frontage to increase the right-of-way to 45 feet from centerline. The description for said dedication shall be tied to the existing right-of-way centerline as established by Washington County. . The dedication document shall be on City forms and approved by the Engineering Section. APP PREP BY: Katt Liden ROVED BY: William A. Monahan Associate Planner Director of Planning 6 Development (Kl :pm/1130P) STAFF, REPORY - CPA 3-85 8 `ZC 3-85 - PAGE 4 �` GREHXHILL 'ASSOCIATES 1730 SW Skyline Blvd Portland OR 97221 February 14, 1985 City Planning Commission c/o City Hall Tigard, OR 97223 Ladies and Gentlmen: This petition is being filed by our office in behalf of Portland Fixture Company who, as you may be aware, also have an interest in the Greenway Town Center.- This petition seeks a planned amendment and zone change for approximately 5.4 acres of property lying immediately adjacent to and west of the existing shopping center on Schoils Ferry Road. As -you are undoubtedly aware, this portion of the community, especially -along the Scholls Ferry corridor, has experienced comparatively rapid growth in recent years. This continued growth has attracted the attention of the developers of the Greenway Town Center who feel demand within the market area justifies an expansion. We are aware of some sensitivity in the community reTarding cominercial development and would indicate that any development occurring on the subject property will be done in a manner complimentary to the existing commercial center and with an awareness of the needs of adjacent residential areas. We would appreciate your thorough and careful consideration of this request and are prepared to accommodate any additional needed information. Very truly yours, Hal Hewitt cc: Portland Fixture Co. 15031 292 -6933 SUPPORTING STATEMENT Plan Amendment Rezone Portland Fixture Co. February, 1985 REQUEST: To amend the comprehensive plan from commercial-professional to a general commercial designation and rezone accordingly. BACKGROUND: -- The subject property is located along Tigard's northerly common boundary with Beaverton. It's principal locational identity along Scholls Ferry Road makes it an attractive site for serving continued market demand for neighborhood and community shopping needs. Sorrento Road is planned for extension south of Scholls Ferry Road; it would form the western boundary to the subject. property. Multi-family residential development currently under construction along the adjacent southerly .parcel would form the southerly boundary.' Should the proposal receive City's endorsement, site planning will be carried out with two., objectives: one,, 'to address any sensitivities or' concerns � 7 Di[Y.CP�Y..�4Yia6oS resvenae+.euQe✓z.ccaa«v.:zsrau arising from adjacent residential areas; and two, a functional design which will complement the existing Greenway Town Center. Urban *development along the Scholls Ferry Road corridor both east and west from the subject property appears to be sub- stantially complete. Exceptions to this, in addition to the subject property, are a shallow site north across Scholls Ferry . Road in Beaverton, and a small parcel immediately west of the subject property. It is doubtful, therefore, that approval of the petition could lead to any of the common forms of strip commercial development which have occurred otherwise along some of the metropolitan. areas older arterial roads. TATE PLANNING GOALS AND GUIDELINES: This proposal is consistent with any applicable statewide planning goals. If approved, it will provide for -the orderly development of the subject property and the extension of a neighboring street and other related offsite improvements. In addition, it should result in reducing the duration of shopping trips by many shoppers, thereby reducing fuel consumption and motor vehicle emissions in the area. Also, it should enhance somewhat the economy in the general area as well. 4PPLIICABLE COMPREHENSIVE PLAN POLICIES: 5.1.1 The City shall promote activities aimed at the diversi- fication of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market„ Comment: Pro <ised development on the subject property will generate 150-200 new job opportunities, all of which will be available to Tigard residents. 5.1.4 The City shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial and industrial uses. Comment: If approved, this proposal will be entirely consistant with the foregoing policy. No portion of the site will actually encroach into a residential area. All portions of the site perimeter will be buffered and/or landscaped as deemed apporopriate to ensure good continuing land use relationships. PROJECT SCALE: Th'e"f,61164ing' characterizes the proposed development on the ` subject property. Caw V C 1. Site size: 5.4 acres: 235,224 square feet 2. Trade area: 1.5 to 2.5 mile radius: 22,000 to 52,000 population. 3. Gross le asa° le area: Approximately 58,000 square feet. LOCATIONAL CRITERIA: Subject property will share one 1. S acin and location: residential common property line with a multi-family development on the south only. Other residential but will not share development lies southwest of the site, to the extension a direct common physical relationship of Sorrento Road. • The proposed development site is intended to have _Access: . 2. one point of access on Scholls Ferry Rpad as Well as one p � access point on the Sorrento Road extension. Given the n for Scholls Ferry Road, character and ultimate desig anted congestion or provision can be made to avoid unw traffic safety problems. The attached traffic analysis the various concerns relating to .Will adequately address . trip generations, vehicle movements and so on. 3,. Site characteristics: This site has been selected primarily due to its size and proximity to the existing Greenway Center, as well as its central position in an established trade area. if approved, all development will be designed in scale with the capacity of the site to accommodate retail demands within the trade area. The site also demonstrates a very high visibility factor given its location along Scholls Perry Road. The proposed southerly extension of Sorrento Road will further enhance the visibility factor relating to the property. 4. Impact assessment: As previously indicated, intended commercial development for the property will be sized and scaled in a manner which will be quite compatible with the existing commercial development to the east as well as residential uses to the south. Privacy of the adjacent -- southerly residential area will be emphasized. CONCLUSION: The subject property is a primary candidate for responding to continuing demand for retail goods and services in this part of the community. it is a highly accessible site from virtually 'every direction. its development should not produce any increased traffic congestion which may in fact be reduced somewhat with the completion of the Sorrento Road- extension. Y TOM R LANCASTER, P.E. Transportation Engineering lic Studies 2239 Monterey Lane ..ning Eugene. Oregon 97401 Safety (503) 653-4818 GREENWAY TOWN CENTER PHASE II TRAF'F'IC ItMiPACT STUDY Scholls Ferry Road at Sorrento Road Tigard, Oregon C PA'OFfrl't C-IN a ;. �w 8054 .y ORFGO..., 22. R. L�► • t� . TOM R.LANCASTER.P.E. Tr.nspat.lan Erw�^«•�^0 SITE DESCRIPTION The -proposed development is located on State Route 210, highway Number 143, known as Scholis Ferry Road, at the intersection of SW Sorrento Road in the City of Tigard. Scholls Ferry Road in this area forms the boundary between. the City of Beaverton and the City of Tigard . The proposed development will be in the southeast quadrant of the intersection. The development will consist of 58,000 square feet of commercial retail space. The site design and the parking layout are not known at the present time. Scholls Ferry Road is two lanes in width in the vicinity of the proposed development, with left-turn refuges at the major intersections. The average daily traffic volume is about 13,000 vehicles per day. Sorrento Road enters Scholls Ferry Road from the north to form a T-shaped intersection. Sorrento Road carries two lanes of traffic plus a center two-way left-turn lane. Sorrento is controlled by a STOP sign. A e, driveway enters the intersection from the south. In conjunction with planned developments to the south of Scholls Ferry Road, Sorrento Road will be extended to the south, and will then, curve to the east to intersect SW 121st Avenue at SW Dakota Street. This extension will probably be known as Dakota Street. On the Dakota Street approach to Scholls Ferry Road , which will form the fourth leg of the intersection, there will be two lanes for through traffic , plus a northbound left-turn lane and a northbound right-turn lane. Scholls Ferry Road will be striped for a left-turn refuge in each direction. The Oregon State Highway Division is planning to install an eight-phase fully-actuated traffic signal at the intersection. Construction of the signal is expected to begin in 1386. It is understood that two large housing developments are currently planned to. the . south of Scholls Ferry Road. Both would have' access .to. . Dakota Street extension.; t ;The first development consiss of 304 apartment units , _, and the second consists of 120 single-family housing units. TOM R.LANCASTER.P.E. �r.rhpptNipw E.p:n..rrp It is expected that the proposed development will .have two access points to the adjacent street system, one on the Dakota extension, and one on Scholls Ferry Road. The exact location and the design of the accesses are not known at this time. TRIP GENERATION Projected trip generation can be estimated for the subject parcel both with the existing zoning and with the proposed zoning. Trip generation for the proposed housing developments, which would affect traffic volumes at the intersection of Scholls Ferry Road with Sorrento Road, can also be estimated. All trip generation projections in this report will be based on data in "TRIP GENERATION" , Third Edition, published by the Institute of Traffic Engineers. The existing land-use zoning for the parcel for which the development is proposed is commercial- professional , which allows up to ten percen rce tail development. Under the present zoning, ninety p the 5 . 4-acre parcel would probably be developed as professional offices. The estimated trip generation would be about 1170 trip ends per day, about 90 of which would be expected to occur during the gvening peak hour. If the remaining 10 percent was developed as a 3000 square foot convenience store, the estimated trip generation would be about 970 trips per day, with about 100 trips occurring during the evening peak hour. would result in a total of 2140 trips per day, with 190 occurring during the peak hour. ' Under the proposed zoning, which would be general commercial , the 58 ,000 square foot retail center would be developed. It is estimated that 4760 trips per day would be generated, of which 450 would occur during the evening peak hour. Assuming that about 25 percent of the trips would be diverted from the passing traffic stream, • as suggested by TRIP GENERATION, 338 of the 450 generated trips represent new trips added to the adjacent roadway system. The proposed apartment development is estimated to generate 2010 -trips per day, and the housing development . 1200 trips per day, for a total of 3210. Assuming that about two-thirds of the trips would use the Dakota •� -2 � U ••' ' ` ( ( TOM R.LANCASTER.P.E. T� t Street extension to reach Scholls Ferry Road and that one-third would use 121st Avenue, the number of trips using the intersection of Scholls Ferry Road with Sorrento would be 2150 per day. About 21:5 of these trips could be expected tq occur during the evening peak hour. . 3 i TRIP DISTRIBUTION To determine the effect of the proposed development on the intersection of Scholls Ferry Road with Sorrento Road, the intersection level of service during the evening peak hour can be calculated first with only the housing developments, and second with the housing developments plus the proposed commercial development. It will be assumed in the calculations that the Dakota extension is constructed, and that the traffic signal is installed. All calculations will be based on methods described in Transportation Research Circular 212, published by the Transportation Research Board. With only the two housing developments in. place, the estimated evening peak hour traffic volume on the south leg of the intersection of Scholls Ferry Road with Sorrento Road is 216 vehicles. This would result in a level of service C at the intersection. With the construction of an office development -and a convenience store on the subject parcel, the level of service would remain at C. With the proposed commercial development, although the access driveway configurations are not known, it will be assumed that there will be full accesses on each of the adjacent streets. It will also be assumed that traffic entering and leaving the development will be split• evenly between the two driveways, that the traffic . using the Scholls Ferry Road access will split evenly between east and west, and that two-thirds of the traffic using the Dakota extension will be to or from . the north and one-third will be to or from the south. With these assumptions, the traffic volume on the south leg of the intersection of Scholls Ferry Road with Sorrento Road is estimated to be 330 vehicles during the evening peak hour. This would result in an intersection level of service .D. As a mitigative traffic measure, the northbound -3- 5 TOM R.LANCASTER P.E. +-- Tansportatan[np�ne«Mp right-turn lane on the Dakota extension at Scholls Ferry Road could be signalized separately from the northbound through movement. This would allow the northbound right turn movement to be overlapped with. the concurrent westbound left turn movement, reducing the required green time for the south intersection leg. This would result in level of service C for the intersection during the evening peak hour. SUMMARY With development of the subject parcel under the present zoning, the reconstructed intersection of Scholls Ferry Road with Sorrento Road would operate at level of service C during the evening peak hour. If the parcel is developed as commercial retail under new zoning, the intersection would operate at level of service D. However , by signalizing the northbound right-turn lane, the level of service could be improved to C. r BALL, JANIK & NOVACK y ATTORNEYS AT LAW ONE MAIN PLACE 101 S.W. MAIN STREET. SUITE 1100 PORTLAND,OREGON 97204.3274 ROBERT S. BALL TELEPHONE(5031228-2525 i STEPHEN T.JANIK OF COUNSEL {. KENNETH M. NOVACK TELECOPY 1503)295-1050 g JACK L.ORCHARD TELEX 910-390-5470 JACOB TAN2ER SUSAN M.OUICK WILLIAM H.PERKINS CHRISTOPHER W.ANGIUS VICKI G.BAYLESS BARBARA W.RADLER October 25, 1985 - MICHAEL.C.WALCH }$ DAVID A.URMAN i. SUSAN N.HOWARD (¢a The Mayor and Members of the Tigard City Council c/o Mr. Keith Liden Office of Community Development City 'of Tigard 12755 SW Ash P. O. Box 23397 Tigard, Oregon 97223 Re: Portland 'Fixture Company/S & J Builders; Hearing of October 28, 1985 (CPA3-85/ZC3-85)_ Dear Councilors: On behalf of S & J Builders, we respectfully request that the hearing currently scheduled for October 28, 1985 on the above matters be continued to November 18, 1985 for the following reasons: (1) S & J Builders was notified by Portland Fixture Company on October 25, 1985 that Portland Fixture Company apparently does not wish to participate further in these proceedings. This position by Portland Fixture Company has come as a complete surprise to S & J Builders, and S & J Builders would like the opportunity to determine the rat- ionale for Portland Fixture Company's position. S & J Builders, at this point, is inclined to proceed with the hearing process on its own, if necessary. (2) On Wednesday, October 23, 1985, the City of Beaver- ton Planning Commission conducted hearings on a proposed plan amendment and rezoning for property almost immediately across S.W. Scholls Ferry Road from the property involved in the Portland Fixture/S & J Builders applications. That plan amendment and rezoning request involved a proposed redesignation of a portion of that property to an OC use, which is a comparable use to the City BALL, JA N l K & NOVAC K The Mayor and Members of the TL Tigard City Council c/o Mr. Keith Liden October 25, 1985 Page Two of Tigard's C-P. The Tigard Community Development staff has indicated to S & J Builders that in light of the Beaverton application, it would be useful for the two City staffs to confer during the next two weeks to attempt to reach some type of understanding concerning the coordination of the proposed uses and land use designations for the S.W. Scholls Ferry Road corridor. This effort obviously would have a direct impact upon the subject applications. Should there be any cost involved in the continuance of the hearing from the October 28 meeting, S & J Builders will def ray any City expense occasioned by the continuation of these proceedings. it is our understanding that the City staff has no opposition to a continuance of the proceedings, and, in fact, believes that a continuance is in order at this point for the reasons outlined in this letter. Thank you for your consideration to this matter. Sincerely, Jack L. Orchard Of Attorneys for S & J Ruilders JLO:cmg cc: Messrs. Robert G. Johnson avid Zimel William A. Monahan Timothy V. Ramis OWN CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 25 1985 AGENDA ITEM #: l � DATE SUBMITTED: November 20,_ 1985 PREVIOUS ACTION: Council Request for ISSUE/AGENDA TITLE: Study (10/21/85) Greenbury/Tiedeman L.I.D. PREPARED BY: Duane RobertsDf" _ REQUESTED BY: City Council DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Should Council force the formation of a one-.property L.I.D. , namely. Tax Map 1S1 35CA, Tax Lot 700, located at the southwest corner of Greenburg/Tiedeman. INFORMATION SUMMARY Please see attached report prepared by Bob Wright. -- ALTERNATIVES CONSIDERED 1. Do Nothing. 2. Force formation of the L.I.D. SUGGESTED ACTION Do Nothing. FM PRELIMINARY EVALUATION REPORT ON THE PROPOSED GREENBERG TIEDEMAN STREET L.I.D. This Preliminary Evaluation Report is submitted for consid- eration by the Tigard City Council in conformance with Section 4.A.2. of Ordinance No. 85-40. BACKGROUND As a result of an apparent need for street improvements at the intersection of S.W. Greenberg and Tiedeman, Council asked staff to initiate an informal meeting of property owners to determine interest in the formation of an L.I.D. to improve intersection and adjacent property frontages. In September, staff sent out some sixty meeting notification letters. The meeting brought a low turnout. No one besides staff showed up for the meeting. This report responds to a subsequent request by Council to investigate formation of a half-street L.I.D. to include the one intersection property (i.e. , tax lot 700) encumbered by a nonremonstrance agreement. PROPOSED IMPROVEMENTS The improvements considered by staff for the intersection of Greenburg and Tiedeman have included street widening, traffic signals, curbs, and sidewalks. The traffic signals are needed to improve traffic flow at the intersection and are currently budgeted for installation with or without the formation of an L.I.D. The other improvements will eventually be required as both vehicle and pedestrian traffic increase in the future, but there is not a compelling need for these improvements at the present time. Accident records at the intersection do not identify a sufficient number of accidents to justify State support for intersection improvements and the City improved the intersection by installing a pavement overlay with some widening about four years ago 942.10/202.24 -1- A property on 'the southwest corner of the intersection signed a nonremonstrance agreement in the event an L.I.D. is proposed to construct improvements in the intersection. Consideration has been given to forming an L.I.D. to construct only those frontage improvements required for the development of this property. Such a one-owner L.I.D. would be too small to be administered by the City with reasonable efficiency and it would be difficult to design improvements that could be included in a larger intersection improvement in the future. It is, therefore, a conclusion of this evaluation report that there is insufficient need for improvements along the frontage of the one property to justify the expense of forming an L.I.D. and constructing such improvements. RECOMMENDATION it is a recommendation of this report that the Council direct staff to terminate work on the proposed Greenburg Tiedeman Street L.I.D. 942.10/202.24 -2- CITY OF TIGARD, OREGON AMP COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 25 1985 AGENDA ITEM #: DATE SUBMITTED: November 20, 1985PREVIOUS ACTION: Council Directed Staff to Investigate Interest of Other ISSUE/AGENDA TITLE: Property Owners (7/8/85 100th & Inez L.I.D. PREPARED BY: Duane Roberts REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Is there sufficient interest in proceeding to the formal initiation stage (#1) of the L.T.D. process and asking for the preparation of a Preliminary Engineer's report and Feasibility study. INFORMATION SUMMARY Please see attached report prepared by Bob Wright, Interim City Engineer. T� ALTERNATIVES CONSIDERED 1. Authorize preliminary engineering study to include properties having indicated interest. 2. Do nothing. SUGGESTED ACTION Proceed with a preliminary engineer report for the formation of an L.I.D. (2167P) 7 i PRELIMINARY EVALUATION REPORT ON THE PROPOSED 100TH and INEZ SEWER L.I.D. November 25, 1985 This Preliminary Evaluation Report is submitted for consid- eration by the Tigard City Council in conformance with Section 4.A.2. of Ordinance No. 85-40. BACKGROUND Council (6/24/85) directed staff to .investigate interest in sanitary sewer service via the L.I.D. process. Subsequently, an informal neighborhood meeting was held. A majority of the twenty people in attendance expressed support for proceeding with a Preliminary Engineer's Report. PROPOSED IMPROVEMENT The existing sanitary sewer connection that can best serve + the area of S.W. 100th Avenue and Inez Street is located at the intersection of 100th Avenue and Pembrook Street. Sewers can be constructed north along 100th Avenue and along Inez Street, View Terrace, and 103rd Avenue as shown on the attached Project Plan. Support for sanitary sewers is most concentrated on View Terrace. This is a cul-de-sac that enters 103rd Avenue from the east. In order to serve the cul-de-sac a sewer will have to be constructed from 100th Avenue across about 400 feet of private property east of the View Terrace cul-de-sac. Throughout the service area supporters and opposers of sanitary sewer service are intermixed such that it will not be possible to provide sewer service to those that want it without including some properties that do not. The owner of Tax Lot 301 on the southeast corner of 100th and Inez has a low house that will be difficult to serve from 100th Avenue and he has asked that a sewer be constructed on Inez Street between 97th Avenue and 100th Avenue. Owners of property along Inez Street east of 100th Street have not been contacted by the City, but the feasibility of providing sewer service should be explored if a Preliminary Engineer's Report is requested by the Council. h 949.10/202.23 -1- } COST ESTIMATE The preliminary cost estimate for the sanitary sewers shown on the Project Plan is $111,000. The number of properties to be included in the L.I.D. will probably be 30. This would mean that the average cost per property would be $3,700. PRELIMINARY EVALUATION REPORT If the Council chooses to continue the L.I .D. formation process for the proposed 100th and Inez Sewer L.I.D. , it must adopt a resolution directing the staff to prepare a Preliminary Engineer's Report. The Interim City Engineer estimates that the cost of a Preliminary Engineer's Report will be $3,000. Section S.A.1. of Ordinance No. 85-40 says that the Council may adopt a fee schedule for the preparation of the Preliminary Engineer's Report and not commence preparation of the report until the fee is paid to the City. Fee deposits are normally requested for developer initiated L.I.D. 's. For L.I.D. 's that are intended to serve developed residential properties the City normally bears the cost of the Preliminary Engineer's Report. RECOMMENDATION it is a recommendation of this report that the Council adopt a resolution directing staff to prepare at City expense a Preliminary Engineer's Report for the proposed 100th and Inez Sewer L.I.D. 949.10/202.23 -2- R Rim THE HONORABLE MAYOR AND CITY COUNCIL City of Tigard County of Washington State of Oregon PETITION OF SUPPORT FOR A LOCAL IMPROVEMENT DISTRICT We the undersigned request that the City of Tigard investigate the feasibility of forming a Local Improvement District (L.I.D.) to provide SANITARY SEWER improvements that may serve and benefit property owned by us. We understand that by signing this petition we are only acknowledging an ' interest in receiving the benefits of the proposed improvement and are not committed to supporting any Local Improvement District that may be proposed as a result of the City's investigation. Property Description Name Address Telephone (Tax Lot & Slap No.) f csmi_t`r_ i7 (2107P) TO: THE HONORABLE MAYOR AND CITY COUNCIL City of Tigard County of Washington State of Oregon In the Matter of the Improvement ) of lands described as: ) PETITION FOR AND CONSENT j TO CREATE A LOCAL IMPROVEMENT DISTRICT Petitioners hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of 74 (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s)• (2) That the undersigned represent one-half or more of the affected area as here- inbelow described. (3) That the cost of this improvement to be borne by the benefited properties and in respect thereto respectfully show: That the area proposed hereby to be improved by creation of an assessment district comprises approximately acres, and is legally described hereinbelow (or in the attached sheet marked Exhibit "A" which by reference herein is made a part hereof) . WHEREFORE, petitioners pray that said lands be improved by creation of an assessment district and that the City Council of the city of Tigard, Oregon, expedite creation of the same as provided by law. eas 4 Map # Book # Tax Lot # Page # J. RICHARD NOKES 14650 S.W. 103rd AVE. TIGARD, OREGON 97224 October 30 1985 Duane: Roberts Administrative Planner City of Tigard 12755 SW Ash Street PO Box 23397 Tigard OR 97223 Dear Mr. Roberts. As we stated at the recent meeting at Tuality Junior High School , Mrs. Nokes and I do NOT favor a sewer on SW 100th Avenue at this time. We do favor a sewer on SW 103d Avenue that would serve our home at 14650 SW 1034 Avenue. 5'inc rely, J. "R1Ch d Nokes Evelyn Nokes t TO: THE HONORABLE MAYOR AND CITY COUNCIL City of Tigard County of Washington State of Oregon In the Matter of the Improvement ) of lands described as: ) j PETITION FOR AND CONSENT TO CREATE A j LOCAL IMPROVEMENT DISTRICT Petitioners hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s). (2) That the undersigned represent one-half or more of the affected area as here- inbelow described. (3) That the cost of this improvement to be borne by the benefited properties and in respect thereto respectfully show: That the area proposed hereby to be improved by creation of an assessment district comprises approximately acres, and is legally described hereinbelow (or in the attached sheet marked Exhibit "A" which by reference herein is made a part hereof) . WHEREFORE, petitioners pray that said lands be improved by creation of an assessment district and that the City Council of the City of Tigard, Oregon, expedite creation of the same as provided by law. Address Map N Book Tax Lot # Page # TO: THE HONORABLE MAYOR AND CITY COUNCIL City of Tigard County of Washington State of Oregon In the Matter of the Improvement ) Of lands described as: j j PETITION FOR AND CONSENT j TO CREATE A LOCAL IMPROVEMENT DISTRICT Petitioners hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of .e._ (l) That the undersigned is in fact the owners) or the contract the indicated property(s). purchaser(s) of (2) That the undersigned represent one-half or more of the affected area as here- inbelow described. (3) That the cost of this improvement to be borne by the benefited properties and in respect thereto respectfully show: That the area proposed hereby to be improved by creation district comprises approximately of an assessment Of and is legally described hereinbelow, (or in the attached sheet marked Exhibit -A- which by reference herein is made a part hereof) . WHEPZPORE, petitioners pray that said lands bero anassessment district and that the City Council of the Citof Tigard, Ore on creation of the same as provided by law. Y g • g expedite . _,tea ¢� rcbrtss'x; r, Map # Hook 0J i-/ a`-,� Tax Lot # pa J �i' TO: THE HONORABLE MAYOR AND CITY COUNCIL City of Tigard County of Washington State of Oregon In the Matter of the Improvement ) of lands described as: ) PETITION FOR AND CONSENT TO CREATE A LOCAL IMPROVEMENT DISTRICT Petitioners hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of v i . . �. (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s). (2) That the undersigned represent one-half or more of the affected area as here- inbelow described. (3) That the area proposed hereby to be improved by creation of an assessment district comprises approximately acres, and is legally described hereinbelow (or in the attached sheet marked Exhibit "A" which by reference herein is made a part hereof) . WHEREFORE, petitioners pray that said lands be improved by creation of an assessment district and that the City Council of the city of Tigard, Oregon, expedite creation of the same as provided by law. ,. Ceas Map # Book # Tax Lot # Page # rc MOM 00 THE HONORABLE MAYOR AND CITY COUNCIL City of Tigard County of Washington State of Oregon PETITION OF SUPPORT FOR A LOCAL IMPROVEMENT DISTRICT We the undersigned request that the City of Tigard investigate the feasibility of forming a Local Improvement District (L.I.D,) to provide SANITARY SEWER improvements that may serve and benefit property owned by us. We understand that by signing this petition we are only acknowledging an interest in receiving the benefits of the proposed improvement and are not committed to supporting any Local Improvement District that may be proposed as a result of the City's investigation. Property Description Name Address Telephone (Tax Lot 6 Map No.) (2107P) e t+ TO: THE HONORABLE MAYOR AND CITY COUNCIL City of Tigard County of Washington State of Oregon In the Matter of the Improvement ) of lands described as: ) PETITION FOR AND CONSENT TO CREATE A LOCAL IMPROVEMENT DISTRICT Petitioners hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of Cr I / V C h •f'�•. (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s). (2) That the undersigned represent one-half or more of the affected area as here- inbelow described. (3) That the cost of this improvement to be borne by the benefited properties and in respect thereto respectfully show: That the area proposed hereby to be improved by creation of an assessment district comprises approximately ,acres, and is legally described hereinbelow ' (or in the attached sheet marked Exhibit "A" which by reference herein is made a part hereof) . WHEREFORE, petitioners pray that said lands be improved by creation of an assessment district and that the City Council of the City of Tigard, Oregon, expedite creation of the same as provided by law. "slk sit► vxe 'Adams a Map # Book N Tax Lot NPage N TY OF TIGARD OREGON CI COUNCIL AGENDA ITEM SUMYIARY � a � �J : November 25 1985 AGENDA ITEM #: AGENDA OF PREVIOUS ACTIONC DATE SUBMITTF_D: November 20 1985 : ouncil Request ror ,_,_ 4th Cherry Area uestionnaire 6/24/85 ISSUE/AGENDA TITLE. 7 Street SeweDuane Roberts r Petition PREPARED BY: O� REQUESTED BY: CITY ADMINISTRATOR: DEPARTMENT MEAD OK: POLICY ISSUE terest in proceeding to the formal ini oft a nPr lg stae Is there sufficient in minary process and asking for the preparation of the L.I.D, study. rt and Feasibility _ _--------- Engineer's repo - ---- ------ INFORMATION SUPX'IARY please see attached report prepared by Bob Wright, Interim City Engineer. ALTERNATIVES CONSIDERED 1, Authorize preliminary engineering study to include properties having indicated interest. 2. Do nothing. SUGGESTED ACTION proceed with a preliminary engineer's report for the formation of an L.T.D. (2167P) PRELIMINARY EVALUATION REPORT MMr ON THE PROPOSED 74TH and CHERRY SEWER L.I.D. November 25, 1985 This Preliminary Evaluation Report is submitted for consid- eration by the Tigard City Council in conformance with Section 4.A.2. of Ordinance No. 85-40. BACKGROUND A petition of support signed by four Rolling Hills area property owners was received in June. Council directed staff to investigate additional interest through an area questionnaire and informal meeting. A large majority of those who attended the meeting opposed the L.I.D. Nevertheless, a pocket of support appears to exist within the southeast quadrant of the subdivision. The building department indicates that one or two residents have reported the failure of their drainfields. Other residents have mentioned seepage onto their property from neighbor's drainfields. PROPOSED IMPROVEMENT The existing sanitary sewer connection that can best serve the area of S.W. 74th Avenue and Cherry Drive is located on 74th Avenue about 200 feet south of Cherry Drive. Sewers can be constructed north along 74th Avenue and along Cherry Drive and Fir Street as shown on the attached Project Plan. The proposed plan will serve all property owners that have expressed an interest in receiving sanitary sewer service. The proposed Project Plan will not require the inclusion of properties owned by individuals who have expressed opposition thus far. This does not mean that all of those identified for inclusion in the proposed L.I.D. will ultimately be supportive of the recommended plan. C 940.10/202.22 -1- COST ESTIMATE The preliminary cost estimate for the sanitary sewers shown on the Project Plan is $62,000. The number of properties to be included in the L.I.D. will probably be between 9 and 18. This would mean that the average cost per property would vary between $3,500 and $6,900. PRELIMINARY EVALUATION REPORT If the Council chooses to continue the L.I.D. formation process for the proposed 74th and Cherry Sewer L.I.D. , it must adopt a resolution directing the staff to prepare a Preliminary Engineer's Report. The Interim City Engineer estimates that the cost of a Preliminary Engineer's Report will be $2,500. Section S.A.I. of Ordinance No. 85-40 says that the Council may adopt a fee schedule for the preparation of the Preliminary Engineer's Report and not commence preparation of the report until the fee is paid to the City. Fee deposits are normally requested for developer initiated L.I.D. 's. For L.I.D. 's that are intended to serve developed residential properties the City normally bears the cost of the Preliminary Engineer's Report. RECOMMENDATION It is a recommendation of this report that the Council adopt a resolution directing staff to prepare at City expense a Preliminary Engineer's Report for the proposed 74th and Cherry Sewer L.I.D. � * e 940.10/202.22 -2- a TO: THE HONORABLE MAYOR AND CITY COUNCIL City of Tigard County of Washington State of Oregon t ' In the Matter of the Improvement ) of lands described as: ) pETITION FOR AND CONSENT TO CREATE A a: LOCAL IHpROVMhT DISTRICT roved by J petitioners hereby request that the hereinbelow described installing sewer creation to enable residentso connectnt district rthe to theexpress Purpose linesan } (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s)• alf or more of the affected area as here- (2) That the undersigned represent one-h inbelow describe& be borne by the benefited properties and (g) That the cost of this impr nt to in respect thereto respectfully show: to be improved by creation of an assessment That the area proposed proposed acres, and is legally described hereinbelow district Comprises approximately . reference herein is made a part (or in the attached shaiet marked exhibit A which-by hereof) . that said lands be improved by creatiOu of an h. KHBREFORB, petitioners pray o£ Tigard, Oregon, exgedite . assessment district and that the City Council of the City creation of the same as provided by lay. Bow # a $i¢iature —a Tax Lot # P DenfAs orzni k �a�s sa cn� ao- j Vi 71o sy �� r ria tic a � a CITY OF TIGARD PETITION OF SUPPORT FOR A LOCAL IMPROVEMENT DISTRICT Of Tigard investigate request that the City I.B. ) We the undersigneda Lecai Improvement District (serve and the feasibility of forming improvements that may provide ne by us. benefit property are only signing this petition we ro osed We understand that by the benefits of theny focal acknowledging an interest ein receiving d to supporting improvement and are be proposed as a result of the City's improvement District that may investigation- property Description (Tax Lot NO• r Address, Block, Etc. ) Addreas Name .' ----------- s 41®.98/960.10 CITIZEN RESPONSE SHEET I am interested in participating in this Sanitary.Sewer L.I.O. I am interested in finding out more (costs Project boundaries ) I am not interested in this Sanitary Sewer L.I.D. NAME AOORESS2� _s- `� � 7 PHONE NUMBER fP� - (1886P) CITIZEN RESPONSE SHEET I am interested in participating in this Sanitary Sewer L.I.D. I am interested in finding out more (costs „4,_1 project boundaries �/ )• I am not interested in this Sanitary Sewer L.I.D. NAME �/'' T ADDRESS S� PHONE NUMBER _j/J >? (188CP) MEMORANDUM CITY OF TIGARD, OREGON TO; Tigard City Council November 21, 1985 FROM; Community Development Department SUBJECT; land Use Decisions There are no land use decisions for your review this week. (3A57A) CITY�OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 25 1985 AGENDA I11"EM #: DATE SUBMITTED: November 20, 1985 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Monthly Report October 1985 Community Development PREPARED BY: W. A. Monahan REQUESTED BY: CITY DEPARTMENT BEAD OK, Y ADMINISTRATOR:�s ..._ INFORMATION SUMMARY Attached please find the Monthly report for October, 1985, prepared by the Department of Community Development. Elements of the report are: 1. Annexation Report 2, Building Division Report 3, Economic Development Minutes q. Engineering Division Report 5, Operations Division Reports g, Planning commission Minutes 7. Transportation Committee Minutes ALTERNATIVES CONSIDERED SUGGESTED ACTION Accept and place on file. (0950p) MEMORANDUM CITY OF TIGARD, OREGON e TO: Members of the City Council October 24, 1985 FROM: William A. Monahan, Director of Community Developmental•' y SUBJECT: Monthly Report - October, 1985 Attached please find the Monthly Report for October, 1985, prepared by the Department of Community Development. Elements of the report are: 1. Annexation Report 2. Building Division Report 3. Economic Development Minutes 4. Engineering Division Report 5. Planning Decisions 6. Operations Division Report 7. Transportation Committee Minutes Following is a comparison of building activity for October of 1984 and 1985: October, 1984 October, 1985 Single Family Permits 15 30 Multi-Family Permits (total Units) 0 0 Commercial Permits 2 4 Building Permit Fees $ 9,661.54 $ 16,126.00 Plan Check Fees 3,055.65 8,754.77 Plumbing Permits 5,265.00 5,420.00 Mechanical Permits 981 .50 1,315.15 Sign Permits 635.00 145.00 Valuation $ 2,358,100.00 $ 3,777,000.00 Through the first ten months of the year, activity compares to 1984 as follows: Jan -- Oct 1984 Jan - Oct 1985 Single Family Permits 164 244 Multi-Family Permits (total Units) 35 342 Commercial Permits 42 15 Building Permit Fees $ 103,107.29 $ 151,516.17 Plan Check Fees 47,252.84 65,539.87 Plumbing Permits 32,325.09 73,949.78 Mechanical Permits 4,967.02 9,063.15 Sign Permits 2,205.00 990.00 Valuation $24,317,303.00 $38,161,749.50 (0950) i z Building Another very strong month was experienced by the Building Division. Permit fees as well as permit totals exceeded the prior year. During the month of October, Dan Blanchard, C—Level Inspector res Qois�ibie for codes enforcement, was terminated during his probationary p uate by either Ed Walden, his supervisor, performance was not judged to be adeq or the director. Economic Develowment Committee The Committee continued its` efforts to act as a conduit for the interest of property owners and businesses i,i the downtown. A special evening meeting in held on October 29 seallowed property owners November Comm ttee o meetings nterest will be theirx devoted to downtown improvement preparing a plan of action for the area. h (WAM:br/O95OP) fi 44 f MEMORANDUM CITY OF TIGARD, OREGON TO• City Council November 20, 1985 FROM: Elizabeth A. Newton, Senior Planner Gin SUBJECT: Annexation Report for October 1985 No requests for annexation were filed with the City during the month. The Planning Commission heard no Zone Change Annexation request at their October 8, 1985, meeting. On October 28, 1985, the City Council held a public hearing on the Northwest Tigard Annexation. At that meeting, Council voted unanimously to direct staff to prepare a resolution to approve annexation for those areas south and east of lower Scholls Ferry Road. A copy of the October 28, 1985, meeting minutes is attached. Consideration of that resolution is scheduled for the November 25, 1985, Council meeting. 2155PIdmj f ALM Aft • I I G A R_"D C I T Y_C 0 U N C I L REGULAR MEETING MINUI"ES - OCTOBER 28, 1985 -- 7-00 P.M. r,jan, Jerry 1. ROLL- CALL: Present: Mayor John Cook`+Cu StaffrsBillo(Monahan, Acting Edwards, and Ima Scott; .y City Adndnistr•ator & Community Development Director; Tim Ramis, Legal. Counsel; and Loreen Wilson, Deputy City Recorder. 2. CALL TO STAFF AND COUNCIL FOR NON--AGENDA ITEMS ed a Acting furbrief ion randssted item #9 item be 4 tabled pat i the rConsent applicant's request. b. Consensus of Councilwas to approve requests. 3 . PUBLIC HEARING PORTLAND FIXTURE/`; & J APPEAL CPA 3-85 FULL Ev IDLNI"IAL HEARING NPO N7 A request by the City of Tigard City Council for a re--hearing on an application filed by Portland Fixture to amend the Comprehensive Plan and Laving designation from CP (Commerci.al Professional) to CG (Commercial General) for a 7.9 acre site located on the south side of Scholls Ferry Road, west of Greenway Town Center (WCTM 1S1 34BC lot 400) . Ic a. Public Nearing Opened b. Motion by Councilor Brian, seconded by Councilor Edwards to continue the public hearing to November 25, 1985 at 7:00 PM. Approved by unanimous vote of Council present. 4. VISITOR'S AGENDA a, Mr. Bob Bledsoe, 11800 SW Walnut, suggested Council may wish to view a film regarding sewer options prepared by EPA, b. Council directed staff to review the film and bring to Council if it seems appropriate. 5, PARK BOARD WORKSHOP a Park Board Members Present: Chairman Jim Blaurock, Pat Biggs, Betty Golden, Steve Slabaugh. Mr. John Mahler, recreation study coordinator. a. Council and Park Board Members discussed the Recreation Feasibility and Implementation Study. Additional information requested to be included in the report are: facility inventory, ion with casts, and more complete youth and programming prioritizat senior activity information. Page 1 - COUNCIL MINUTES - OCTOBER 28, 1985 Councilor Brian noted that his understanding was that the city staff from Beaverton and Tigard would strike an agreement to have Tigard handle all construction phases and inspections for the total improvement to give more continuity for tho development process and the Murray/Scholls Extension issue. Opponents: Gale Stover, Rt. 1 Box 381 Beaverton, declined to speak since the APAA resolution was adopted and addressed her concerns. Brad Hodges, Rt. I Box 364A Beaverton, withdrew his request to speak. d. Planning Staff recommended -approval based on the APAA agreement. e. Public Hearing Closed f. Motior, by Councilor Brian, seconded by Councilor Edwards to direct staff to prepare resolution to approve annexation for those areas south and east of lower Scholls Ferry Road. Staff was also directed to get a letter from Beaverton showing agreement to Tigard handling construction phase inspections for the total Kruger development. Approved by unanimous vote of Council present. 8. PUBLIC HEARING — COMPREHENSIVE PLAN AMENDMENT CPA 11-85 and ZONE CHANGE ZC 13-85 SOUTHERN PACIFIC NPO #5 Located north and south between 1-5 and 72nd Avenue and north of Upper Boones Ferry Road. (WCTM 2S1 12DD, Tax Lot 600 and WCTM 2S1 12DA Tax Lots 100 6 101) a. Public Hearing Opened b. Keith Liden, Associate Planner-, explained the request and the comprehensive plan an zone change issues. C. Public Testimony: No one appeared to speak d. Planning Staff and Planning Commission recommended approval e. Public Hearing Closed f. Motion by Councilor Scott, seconded by Councilor Brian, requested staff to prepare ordinance to approve request as outlined in the staff report. 9, PUBLIC HEARING — COMPREHENSIVE PLAN AMENDMENT CPA 12--85 AND ZONE CHANGE: ZC 14-85 HEINICKE INSTRUMENTS/NATIONAL APPLIANCE COMPANY NPO #2 Located at 10855 SW Greenburg Road (WCTM 1S1 358C, Tax Lot 900) a. Public Hearing Opened Page 3 — COUNCIL MINUTES — OCTOBER 28, 1985 b. Some members of the Park Board ericouraged the Council to not include recreation funding as part of a tax baste measure, but. to consider it as a separate levy. c. Aft(ar further discussion regarding budgeting and funding requirements, the Council expressed their appreciation for the draft of the rocreaLion study and thanked the Park Board for their input. 6. ANNEXATION AREA PLANNING AGREEMENT a. Councilor Briar% and Richard Bober-9 (NPU H7 Chairman) recommended Council adopt the resolution which is in the same form as that adopted by the City of Beaverton on 10/21/85. b. RESOLUTION NO. 85-82 A JOINT RESOLUTION BLTWEE:N Tilt_ CITY OF BEAVERT'ON AND THE CITY OE' TI.GARD DECLARING AND SUPPORTING MUTUAI ANNEXATION PLANNING AREAS OF AGREEMENT (APAA). c, Councilor Brian withdrew his motion to approve the first draft of Resolution No. 05--82 with consensus of Council present from the 10/14/85 Council meeting. d. Motion by Councilor Brian, seconded by Councilor Edwards, to adopt. Resolution 85--82 draft dated 1.0/2.8/85. Approved by unanimous vote of Council present. 7. PUBLIC HEARING: COMPREHENSIVE: PLAN AMENDMENT CPA 9/85 THE NORTHWEST TIGARD ANNEXATION, NPO #7 A request by the City of Tigard to consider annexation of 88.08 acres into the City of Tigard under ORS 199,490(2)(a) Triple Majority Annexations. The land i.s located south of Old Scholls ferry Road north of the current western City boundaries and east of SW Murray Blvd. (W(J'M 151. 33C, tots 1200, 1100, 601., 602, 604, 600, 603, 500, 502, 503, 400, 300, 501, 700, 301, 800, 1301, 1302, 1300, and 1101) . a. Public Hearing Reopened - Continued from 10/14/85 b. Acting Administrator stated that basad upon the adoption of the APAA Resolution, Council may want to modify the staff recommendation to annex only those portions of land to the cast of lower Scholls Ferry Road. He also noted that a letter had been received from Mr. 6 Mrs, Frank Martenson encouraging annexation of the entire area to the City of Tigard. C. Public Testimony: Proponents Mr. Russ Kruger, 3515 SW Bar•bur Blvd. , recommended approval and questioned how the development of his property would be handled since part would be in Beaverton and part in li.gard. Page 7 - COUNCIL. MINUTES - OCTOBER 28, 1985 . MINUTES TIGARD ECONOMIC DEVELOPMENT COMMITTEE October 15, 1985 Meeting 7:30 A.M. - Pioneer Pies hy Budny, Members Present: Susan Clark, Amovid Clement,0eBernardis and Pat John Savory, Pat Kennedy Others Present: Bill Monahan, Geraldine Ball The minutes of the September 17, 1985 meeting were reviewed and accepted following a motion by Amo and a second by Pat. The Downtown Meeting held on September 24 wa:, discussed in detail. John reported that at the next meeting, those who attended the meeting will be asked to prioritize the issues which were raised in September. Committee members were encouraged by the comments and concerns raised at the downtown session. and the positive tone. Over twenty property owners and business people at the meeting were surprised hat the City pople attended. Some pointed out that actually conducted the meeting and followed through. Kathy it was interesting that no one identified a need for new businesses. The Committee discussed the fact that competition has bred further development. For instance, several furniture stores have been built in Tigard recently, including Director's in the downtown. Among the other issues raised were the need for rehabilitation of properties and completion of several projects to show successes creating a snowball effect. A discussion of issues related to the Tigard Post Office was Amo mmittee present a serieo or r,)ncerns to suggested that the CoFh� administrator's of the past office including: the need to place addit:viml mailboxes in various locations of the downtown to relieve Lr;xffic pressure at the post office. - ".commend -we difications to assist the post office to relieve the traffic jams and access problem now existing. - zip code issues - the Tigard facility is a branch of the Portland Post Office, thus, there is an identity problem. - subdivision mailbox groupings are governed by the post office and should have local input. Tri-f6et plans were discussed. Although a transfer facility is planned, no effort has been undertaken to address the need for parking associated with the planned facility. Other concerns included the need for police enforcement of k parking; need for an inventory of parking spaces in the downtown; funding of new parking facilities. The Committee identified a number of capital projects needs in the area including: parking, widening of the Main St. bridge, access ramp development, and greenway development. Lottery proceeds are a source of funding through the Oregon Infrastructure Program. The staff will review the guidelines and determine when the City will be able to apply for grant or loan assistance. John suggested that local engineering and design firms could be willing to assist the City to prepare preliminary applications. The Committee discussed the Governor's Corporate Excellence Awards program. The Committee members will notify Bill of any ideas which they have for nominees. Other discussion centered on an update of the County's fee per trip program, sister-city program, and the recent successful bus tour of economic development sites. John suggested that another tour be scheduled where citizens can be invited to participate so that more people can become aware of the potential and existing economic development activity in the City. The Committee will consider scheduling a tour each six months. Bill presented a discussion topic during the 'other business" portion of the agenda concerning the possibility of allowing temporary use of parking areas without providing paving as the Code now requires. The Committee suggested that the City draft a code provision which allows temporary parking areas for up to three years at which time the City should review the use and require paving if the use is going to continue. Bill will have his staff prepare a code amendment for Planning Commission and City Council review. Dann::, Thompson of Tigard Arco expressed his thanks to the Committee through John for supoort given to his sign code exception request. Jim suggested that each member be given o r.nny of the sign code. Other sections of the code will be distributed as needed. The meeting concluded at 9:00 A.M. 1;.: next meeting will be held on Tuesday, November 19, 1995 at 7:30 A.M. at Pioneer Pies. t (2097P) f t z 3 t MEMORANDUM CITY OF TIGARD TO: William A. Monahan, Director of Community Development FROM: Randy Clarno, Engineering Services Manager DATE: November 14, 1985 SUBJECT: Engineering Monthly Report for November, 1985 Function Personnel Time in Function November I. Private Development Services A, Land-Use Application review . . . 4% B. Improvement Permits (Subvd., half-street, sewer & Delg. projects . . . 42% C. Public/Agency assistance 9% D. Property Vacations . 1% II. Ceugraphic Information Services A. Mapping and Records 7% B• Survey and Design 1. P.W. Maint. Projects . 0�. 2. City Wide Control . 0% 3. Capital Project Engineering 0% III.Capital Development Services A. Public Fac. Master Plan review and update 0% B. C.I.P. and L.I.D. Admin. assistance 4% C. Street C.I.P. assistance. . 0% IV. General Admin. & Misc. Personnel Reviews, training, staff meetings, Citizen committee support, Section management, Budget prep•, union meetings, Computer Master Plan, etc.... . 20% L V. Non--productive time (Holidays, vacations, sick leave, etc. 13% VI.Revenue Activity FY 84-85 FY 85-86 ' A. Engineering Service Fees & Charges OCTOBER OCTOBER 1. Improvement Permits (I.B) 10,808.03 19,766.07 thru OCTOBER thru OCTOBER 17,124.67 53,613.66 B. Public Works Operations Fees & Charges FY 84-85 FY 85-86 October October 1. Streetlights . . . . . . . . . . . . 2,189.57 1,951.68 2. Traffic control Signing . . . . . . 771.80 984.00 NEW PUBLIC IMPROVEMENT PROJECTS OCTOBER 1. Chelsey Hills 67 lots Located 9125 SW O'Mara, North side of O'Mara St. 2. Windsor Place 34 lots Located SW 106th and Black Diamond Way 3. The Fountains (Phase II) [TDC] Sanitary & Storm Sewer 4. Bowman Sanitary Sewer - 76th Ave. (RSC.br/0840P) F i S t E I 11/8/85 tb PARK MAINTENANCE REPORT For Month of: October, 1985 There was a total of 436 .0 maintenance hours at COOK PARK, with 43 .0 hours Mowing, 8.0 hours Irrigation , 97.0 hours Restroom maintenance , 16 .0 hours Ballfield maintenance , 6 .0 hours Building maintenance , 121 .0 hours Recreation Equipment maintenance and 145 .0 hours Landscaping. CITY EMPLOYEES GREEN THUMB LABOR Mowing 40'-t1 13.0 Irrigation 8.0 Restroom Maintenance 47.0 50.0 Ballfield Maintenance 16.0 Building Maintenance 6.0 Recreation Equip . Maint . 81.0 40.0 Landscaping 94.0 51.0 An additional 28.0 hours Community Service labor. WOODARD PARK: 8.0 hours JACK PARK: 12 .0 hours SUMMERLAKE PARK: 13.0 hours ' ENGLEWOOD PARK: 39.0 hours LIBERTY PARK: 2 .0 hours GENESUS GREENWAY: 1 .0 hour Landscaping b 2 .0 hours Trail Maintenance BUS STOPS: 6 .0 hours POLICE DEPARTMENT: 2 .0 hours i t k i p Ifs h O In C` N .O Vl ellQ � O: OI OI O O O , 1 IN 1 - --r--t-- ---fi--�- A o I II I 1 T ' it t _+ s 'w � L=%- -�--�---►--� �----�---�--fit-...--�--�---�—j----�`"�__-1- -�--�--}----�--.� = i,.. �; _I Oj aj N N In bI M b N1j �O Z jit i + N 2: M mi I- to v; a o �� u► r� M, M r) m P, o� .off ao� 1'C rd M b 1f1� rI QI u9 CII .-1 O Of tl� P yCj 9; b Of NI to, N: O' rI tl' fft M mi P N H i i �. N; .r..�ryryry 4" Mi Nj CDS C6 '•I>) Of P Of, 01, tlt Of� e, tl, tl, 1 tl 0% rn; 'ri mj vnl .-r� OI ♦� Cal " bi O; p p, b Of' , m N b �_ P 1 M m _ 1 . m N � N! n 7, N' s y n1 a H' y e s: q. e e �1 �� z: j Oh I � w r W' rl r r rj I , w' ■1 r1 rtl �i y Q C r r w w a o a ai o of �+ y„t N� a a a > >� a r� a a� A. a.. o.. 00 .0 I CIA ~p 01 Ci V V d V W W V V V V U i N T.' + m Of a P N ^ ^ .AGr0., el n! n n n CD i — • N �'f` �' 47 C ^i _ � .O ti Ca` C� v —. N' w � •�>• �) n �I n /�I n� n ^ ^ i-. ^y n v �1 v' i' v� v v �+ i = N IJ N O, O. vi NI O O m W N •O W .D I ./1 W •O O N \ p • N J N W J P S CU N cnP� ,O N Y j� � � n a N ( r, j diq aALj M t I ! z-3 I i i us { W � � • r WI t w o. v .aU. o. i 4 W ,Q M a b r aN N W W •. I W 'd M rj c _ L 6 J Id O M @ s r F O � OD •! 7C Cy O � m .r a o j N ,C n ,W fA xLew Itmo m } l4 V m Q C N �. �• c ^�+in ° a I O r S .G ►. 1 x Y I�' .•i F J V W C �+ J C O A • r C O c t L V ~ X Cl 9 N 4. LY ..1 W V V _ r 4 ,- O � N ? u m n ao •• rf >n � O J . ( N E" N s n A W W m W N H W .p t� dD ^ s r}' I• O W t r a O. O• O Oi O O� OO I I O O I I Nt N WI 14 =� "w 1 W ' W I r 4 ' � � I - ,�!f Go z. i••1 NI N) N O t I 1 N{ N N m I M. z p ' W 0� v Pw 'a o M mLIN rr 1 00 ,a tn O{ N N 41 .l N( R O 40 , N N t .o w O N CD 1 N P{ NS n �► +� I C;l b, .n o r, o. o M 4 ry N n� .r m! N� MI .r� v'� M{ rv'• i 1 , W', .-I NS in r ( M rl N n b l N f m { a• ul h, t N -i' Oj O' w b 01 N • 8+1 .4, N, d b! b� O',! OQi N M V1. b N 1 N e-r I .-1 i --+- f Yom• b• N 40 -WN .4 i 1f1 n 1 >. O� U1-} b .•/ N 1 i S� ,n• N, N rl, "1 N m v S 90 O: W V'{ r N' h{ m .a M .4 , 1 j 01 O M' h: M b tvl 901 m 1 n "a .y. N: Or to m 9D sm ,J1 t- _+ b f h m 0 Ln Or r'1 S O fLn, tl N n /V n m h O I b( m N v �► { N( - .r o w N i m m I rn ♦ n( ♦ �► b{ O� An i a N 01e ® of co; di rn N N, M M M N in r' 1.1 16 a. p 1,.I o.6. o., 9r t i O 0. 961 o. Cl ri Y Y, Y Y Y C 6 Y• Y .�' �i Y Yi Y� Yl � 1 b rl ro' ro' ro ro ro� to a� v ro� yi r v� 9i v v. 1 a� a a N{ r ! .al v •1 r) N, N� .�I •! { I 6r Y Y LI d v vl �i ci, s o, $( v v bdt ss, v v� vI CJ c C, • d _ .-c .r .r ..r � ..•� .r 1 P. ... .... r. �` .-Y .r .-� .r � .• .-. .. i .� x 0 o O o 0 o Q o o O o 0 0 Y p O S 0 O O O O O O O O O O tt C N M •.� -7 O .7 N C4 cn r-+ N M N O 9 -4 .-� .-+ .+ N N N 1cli. cn1 .�1. !31 •4 •r M00 6 O v O O O O M 04 y •4 ..r ... .t ..� .-� Y.a ..� ..� •1 .-+ ..•� .r 1 Y/t yr `~• Y n %0 a% %D co rr ON v1 M M M O O+ v U'1 .0 O •• Y / O ^+ N %D N O` N O N M N %7 C= �i M -.7 M %:r -.1 CO *7 .-a � 0 in O% Z H IA Y U•f M N' M «w u9 ON t` M N O ^' d' 'D O'+ O91 As 0*0 M .,t P. O O O W1 T CO +C O r/ O C', Q n ..r M Ln in OG u f� ® u L ...� m. W O b O N � !L •.1 W co tV ^. CO .-. M 1+1 M O O O O O O O ^+ O O O O O v1 O Q O O O O 94 s u V G �. ..� 0 -T w 00 M cv M O ,{ N CT 00 O H ,,,1 O C% N. '.'° M n N N M W N f t a' k p N N M •-+ ? ,y N • H © h y 6 cn ro u c s s s o z a a a u H a a a 04 a. rC W A1! a a. ca 0 H Y 1 MM O 00 M O M O .a O o. O n r d N M tri rl O .'r F 17 -7 N •+ C14 17 O. O N t/1 M 00 ✓1 F ^+ M O �O O tt1 .-• M O O o0 .7 c0 .P v1 N hl M CO N t- d ,r CO A O M OO F G4 d W M1 .7 00 00 m Ol O 00 W00 00 tT 0% J C% O H ~ L cm n 14 ►a Q. ..� 1'r .�+ N Ln ..e t1G Q N S (71 a ° a U i 8 41 N U AGG = •• to O w C 3 O 0 L kn W O M ..+ a, 00 1� a ,� N M O M N .O a F to .a — 1* 00 �p O v7 m N co to N N � n 00 O u M O M %O O .-+ to u o nQ. n ri o M�v cc N O N LA n �D Z i ce. O .tea a 3 N !� 1 ^^� N cn .. U 6. d u .--1 W 44 ,G 44 L p..0 M N s.r R. OW) F t0 t0 M rD d r0 v M 7 d ti O Cl. x -arch x w F f 9 e MONTHLY REPORT CITYOF TI17AP WASHINGTON COUNTY,OREGON DATE: 11-8-85 FOR MONTH OF: ..Q±nbe= 1 gS25 OPERATIONS OFFICE: WASTE WATER: 2.1.2 21.0 hrs TV Inspection 106.75 hrs Sanitary Sewer Clean 24.75 hrs Storm Drain Clean 29.0 hrs Sanitary Repair 36.0 hrs Catch Basin 263.0 hrs Manhole Repairs 11.0 hrs Storm Drain Repairs STREET'S 2.1.3 124.0 hrs Street Cleaning 155.0 hrs Patching 8. 5 hrs Painting & Street Marking 188.25 hrs Sign Maintenance 191.0 hrs Brushing & Limbing 21. 5 hrs Grading & Rocking 9. 5 hrs Sanding PARKS 2.1.4 GREEN THUMB LABOR 58.75 hrs Mowing .0. hrs Mowing 8.0 hrs Irrigation 86.0 hrs Restroom Maint. 9.0 hrs Restroom Maint. 10.0 hrs Ballfield Maint. 4 .0 hrs Ballfield Maint. 6.0 hrs Building Maint. 62.0 hrs Rec. Equip. Maint. 44 .0 hrs Rec. Equip. Maint. 102.0 hrs Landscaping 43 .0 hrs Landscaping 3 .0 hrs Trails Maint. SUPPORT SERVICES 2.1.5 17 .5 hrs P.M. on Equipment 180.75 hrs Scheduled Repairs 5.0 hrs Unscheduled Repairs 6.0 hrs Fabrication 2.5 hrs Road Service 67.75 hrs General Support 12755 S.W.ASH P.O.BOX 23397 TIGARD.OREGON 97223 PH:639-4171 mmm Mims v RECEIVED 14 1985 UT`d OF TIGARD TIGARD TRANSPORTATION ADVISORY COMMITTEE MINUTES OF THE OCTOBER 3rd , 1985 MEETING Presents Tom Sullivan (Chair) , MarK Padgett (Vice-chair) , LidiJa Balodis, Milt Fyre, Joe Schweitz, Wilbur Bishop ( late). Absents Dennis Hummel . Guests MarK De Ment, Geraldine Ball , Bob Jean. The meeting was called to order by Chair Tom Sullivan at 7x06 PM. The minutes of the previous meeting were approved. Items 4 and 5 were removed from the agenda due to the absence of staff member Duane Roberts. MarK gave a presentation of the county 's new "fee-per-trip" plan but did not maKe a recommendation. Wilbur, Lidija and Milt expressed concern about certain aspects of the plan and how they relate to Tigard 's particular situation. Bob Jean explained county and city road funding mechanisms including criticism of *fee-per-trip". He said fees may be distorted downward which could result in 'zoning" for the purpose of determining distribution of funds and road building locations. He stated his opinion the new plan may not be desirable in Tigard , Tualatin and Beaverton but might help in the unincorporated county areas. Concensus was reached by the Committee to taKe up F-P-T when and if the City. Council decides to consider it. Tom read a letter that the county sent to the City of Tigard regarding county policy on road jurisdiction. The county still has problems with the Murray road extension. The county has postponed until December 3rd a decision on jurisdiction. The Committee appointed MarK as official liason to the county on this issue and recommended that the City Council designate him as such. Dennis Hummel was appointed by Tom to be Committee secretary, mainly due to the fact he was not there to defend himself. Tom read a letter from COOT regarding traffic impact in the Tigard triangle area. He then discussed the now Committee timeline received from Bob Joan. Milt gave an overview of the transportation plan update procedure and will worK on a mechanism to achieve this goal. LidiJa expressed concern and dismay at recent variances granted by the City Council . (' The meeting was adJorned at 8927 PM. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY f AGENDA OF: 11/25/85 AGENDA ITEM DATE SUBMITTED: 11/21/85 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Department Reports PREPARED BY: Donna Corhpt REQUESTED BY: DEPARTMENT HEAD OK: C CITY ADMINISTRATOR: l POLICY ISSUE M.A.C.C. Meeting Minutes INFORMATION SUMMARY Attached are the meeting minutes from the September 18 and October 16, 1985, meetings. As of October 29, 1985, the contract revisions went into effect. ALTERNATIVES CONSIDERED SUGGESTED ACTION Review and file METROPOLITAN_AREA COMMUNICATIONS_COMMISSION MEETING MINUTES SEPTEMBER 18, 1985 The regular meeting of the Metropolitan Area Communications Commission was called to order by Chair Robert Haas in the Community Room of the Beaverton City Library at 12500 SW Allen Boulevard, Beaverton, Oregon at 1 :30 p.m. on Wednesday, September 18, 1985. ROLL CALL: Present were: Carol Maul, Beaverton; Connie Fessler, Forest Grove; Harold Kummer and Tim Erwert, Hillsboro; Denis Borman, King City; Pill Young, Lake Oswego; Herb Hirst, North Plains; Dan Scheans, Rivergrove; James Rapp, Sherwood; Bob Jean, Tigard; Chair Robert Haas, Tualatin; Eve Killpack. and Mike McCloskey, Washington County; Dan Potter, Wilsonville; Dan Cooper, MACC Legal Counsel ; and William Tierney, MACC Administrator. APPROVAL OF MINUTES: Ms. Maul moved for approval of meeting minutes for the August 21, 1985 Commission Meeting; Mr. Erwert seconded; motiors carried. VISITORS: There were no visitors present who wished to speak at this time. FINANCIAL REPORT: Mr. Tierney noted the distribution of MACC' s July Financial Report, the first report completed by MACC staff since MACC assumed the responsibility for MACC accounting. He explained the format and noted the August report was not yet available due to the transition to the new computerized program. CONSTRUCTION AND CABLE OPERATIONS PERFORMANCE REPORT: Construction: Mr. Tierney outlined the distributed report noting that the Aloha rebuild was complete and will be discussed later• on the agenda, that 18 miles of Lake Oswego has been completed, 750 subscribers have been changed over to the new system and the upgrade is proceeding on schedule. He also explained that 19, 198 multiple development units ar•e now active. Performance_Report : Mr. Tierney informed the Commission that 33, 081 residents subscribed to Storer Metro in August with 37, 768 premium subscriptions. He added that Storer Metro reported 22, 571 service calls with 89. 5% of these calls responded to within 24 hours, rooting MACC' s threshold is 95. 0%, but those calls where the subscriber- elects to not have a call within 24 hours have not yet beers calculated into the report. METROPOLITAN AREA COMMUNICATIONS COMMISSION COMMISSION MEETING MINUTES - SEPTEMBER 18, 1985 Mr. Tierney stated that 13, 865 telephone calls were answered in August with average hold time being 2. 84 minutes and the average minutes that the lines were busy per day was 2. 48 hours (MACC' s requirement is no greater than 30 minutes busy per day) . He noted that this is well above MACC' s requirement and is probably due to the rebuild activity in Aloha and Lake Oswego. Storer Metro provided monthly line end tests arid Mr. Tierney stated that the results are within acceptable ranges. Mr. Jean asked to receive a report when the technical tests were completed for Aloha and Lake Oswego. Mr. Tierney explained that Aloha' s report will be completed by the end of September and Lake Oswego' s will be available upon the completion of the upgrade. There is currently one outstanding request for installation of a single family home and Storer Metro has committed to have the install completed by October. Alc+ha �orrstruction; Mr. Tierney informed the Commission that Storer Metro has indicated they have completed the Aloha Upgrade (letter from Dan Murrell included in meeting packet) and on 9/6/85 he checked signals at six random locations as noted in the packet, they visually look good, and that technical tests will be conducted this month. He recommended the Board accept the Aloha upgrade as complete and recognize it was accomplished within the required timeframe, commend Storer Metro, their construction manager, Mike Mueller and the Construction Department, for their good work during the upgrade. He stated the upgrade went smoothly with fewer complaints than expected. Ms. Maul moved to accept the Administrator' s recommendation; Mr. McCloskey seconded; m+_+tion carrried unanimously. Mr. McCloskey stated the County was pleased with the timeliness of the upgrade and extended congratulations frorrn the County to Storer Metro, Mike Mueller and staff for a ,fob well done. FRANCHISE AGREEMENT ADMINISTRATION: Cans i derat ion ar�d_Act i on_on_Tent at i ve Franch i se_Reneggt --i an_Agreeoer+t with_Stor9r_Metr0t Chair Haas noted the inclusion of reports within the packet pertaining to the renegotiations agreement, which include a summary report of the items renegotiates:, and the legal language will be available this date from MACC' s Legal Counsel, Dan Cooper. Ms. Maul added that the drafts of the agreement (legal language) will be sent to all city/county attorneys for their review and discussion. V METROPOLITAN AREA COMMUNICATIONS COMMISSION COMMISSION MEETING MINUTES - SEPTEMBER 18, 1985 Mr. Tierney asked the Board for a recommendation on how they wish to review the renegotiation agreement. He summarized the process which led to the formation of the draft agreement, which included five Renegotiation Team sessions with Storer Metro with the Team recommending the proposed draft agreement to the Renegotiating Policy Committee, who unanimously (King City, Durham, North Plains and Tigard were absent) adopted the conceptual agreement and are now recommending the MACC Board of Commissioners adopt it and recommend the franchise agreement changes to member Jurisdictions for their approval. He explained that Storer Metro gave four reasons for requesting renegotiations of the Franchise Agreement : 1) Eliminate their open ended commitments in the Agreement ; 2) Simplify their relationship with MACC; 3) Improve their financial condition; and 4) Concentrate primarily on the Residential Service Network. He added, the draft agreement does not accomplish fully what Storer Metro wanted. MACC' s goals were to achieve guaranteed good quality service on the Residential Service Network and for Storer Metro ro receive a reasonable rate of return on their investment. Storer Metro kept the responsibility of the RCN and Community Access. The Committee believes MACC carne close to achieving their objectives. Storer Metro' s commitment is not over, the regulatory position was not simplified, it allows for substantial financial improvement for Storer (approximately $1. 75 million savings, with a possibility of $2. 5 to $3. 5 million) , they have a responsibility to the PCN for four more years and if it does not prove successful the commitment will be dropped, and relief was requested in Community Access but an agreement was not made so Storer withdrew their request and they dill now be committed to abide by the current Franchise Agreement. Mr. Jean questioned the enforceability of the new contract in relation to the Cable Act. Mr. Tierney stated the proposed agreement is an enforceable agreement, especially with performance standards. Cable Act allows enforcement of current Franchise Agreement. Very specific time frames and distances were established for construction. Storer Metro agreed to incorporate quality of service standards into the agreement and will be fully enforceable. Section X in the proposed agreement pertains to the specifics of the Cable Act. Mr. Cooper replied that the items in this section are not going to be challenged, even if other litigation leads to different results. Construction is enforceable. Technical specifications are questionable, courts will determine. Ms. Maul stated that Storer- Metro corporate executives will be in Portland in early October to meet with MACC representatives to clarify the terms of the agreement, to let them know "we mean what we say. " { Mr. Jean acknowledged that it was his recommendation to form the "large" Renegotiating Policy Committee, which was represented by each f Jurisdiction, and therefore feels comfortable with accepting the recommendation made by the Committee believing it meets MACC -3bjectives, without the need to review the agreement item by item. E METROPOLITAN AREA COMMUNICATIONS COMMISSION COMMISSION MEETING MINUTES - SEPTEMBER IS, 1985 Ms. Maul moved that the Board accept the recommendation of the Franchise Renegotiating policy Committee to approve the fifth draft of the Agreement accomplished through renegotiations with Storer Metro, with nonsubstantive changes which may be made by city/county attorneys, and recommend the proposed Agreement to eachjurisdictions City Councils and County Commission for adoption. Mr. Jean seconded the motion. Mr. Young questioned page 91 item d. Mr. Cooper explained this provision regarding the demonstration project funds and the advance made to MACC by Storer Metro, and agreed that he would review this section with the attorneys to clarify the language, but the intent was the same as the Team had discussed. Ms. Maul stated she believed the $193,000 advance was forgiven entirely. Mr. Tierney commented that a two year time period had been added. Ms. Maul also asked Mr. Tierney if he was satisfied with the rates provided by Storer Metro for operation of the PCN and asked if these rates would enable public users t a fair rate to utilize the Network. Mr. Tierney replied positive, stating the rates were very competitive for today' s market. Mr. Cooper added that all fifteen member ,jurisdiction must approve the f agreement, Storer Metro has agreed to the proposed language and would need to agree to any further changes, and that any substantive changes must go back to the Hoard for their approval before implementation. Mr. Tierney stated that MACC received a letter from Mr. Faircloth noting Storer' s corporate approval to the agreement. 4 r The motion carried unanimously with Banks, Cornelius and Durham absent. t Chair Haas informed the Board that a tentative schedule for the ,jurisdictions to meet and review the agreement had been distributed and expressed the need for each ,jurisdiction to consider the agreement as soon as possible, and asked each jurisdictions representative and s Renegotiating Team members to be present before the city councils and F County Commission upon review. Acgu i e i t ion_of_St orgr_Metro_Cgmmun i oft iQnei_ingy_tsy_�ic�h 1 berQ,,_1_{rev_i t�,� and_eeterts: Mr. Tierney explained that the merger agreement had not yet been received from Storer Metro and would like to carry this over to 'he next meeting. De1etion_of_Progr_am_Guide_on_Channel_L31_ Storer Metro has notified MACC they will be deleting this channel because the subscriber guide is now available in the home (letter in packet from Storer Metro) . No action necessary. 0. F 4 -4- METROPOLITAN AREA COMMUNICATIONS COMMISSION COMMISSION MEETING MINUTES - SEPTEMBER 18, 1985 ADMINISTRATIVE ACTION: Insurance_Cov_erage% Mr. Tierney noted the staff report enclosed in the meeting packet regarding increasing costs of insurance. He recommends the Board approve switching coverage to City/County Insurance Service Program at a cost of $6,200 per year (a savings of approximately $675) . Mr. Potter moved for approval of Mr. Tierney' s recommendation; Mr. Borman seconded the motion; motion carried. Access_Committee_- Terms_of_Membershig= Ms. Maul informed the Board that the newly formed Access Committee met last week, that they intend to thoroughly support and encourage access and plan to speak to local groups and organizations. She stated their is a "new awareness" with access, subscribers are watching it. She also stated that the Committee issued the first grant monies to access users (approximately $1,000) to buy videotapes, a mixer, and a recorder - which will all be returned to the studios for use by all access users. Ms. Maul stated that the Access Committee will provide a recommendation for terms of membership to the Board for the October Board Meeting. REPORTS AND INFORMATION: A_ugust_�ov_ernment_Access_Regort Mr. Tierney noted the inclusion of this report in the meeting packet and stated that MACC staff and volunteers covered a record number of programs during August. [Business_Commgnic�ations�'___Reprint_of_Article_}n_CableVisiOn�_Augusit 2,_i965i (included in packet) Sztorer_Mgtra_Rateg_and-Charges: Letter from Dan Murrell, Storer Metro noting all rates and charges for Washington County, Aloha, Mountain Park and Lake Oswego (included in packet) . There being no further business, meeting adjourned at 2:35 p. m. Respectfully submitted, CAROL ANGSTMAN MAUL SECRETARY-TREASURER (Recording Secretary T. McIntosh) '' M/ (TMM) /tmm (Meeting recorded by audio tape and video tape recordings) i 4. _5- iMETROPOLIYAN_AREA_COMMUNICATIONS_COMMISSION MEETING MINUTES OCTOBER 16, 1985 The regular monthly meeting of the Metropolitan Area Commuinications Commission was called to order by Chair Robert Haas in the Community Room of the Beaverton City Library at 12500 SW Allen Boulevard, Beaverton, Oregon at 1830 p. m. on Wednesday, October 18, 1985. ROLL CALLS Present were: Carol Maul, Beaverton; Jeanne Percy, Durham; Connie Fessler, Forest Grove; Tim Erwert, Hillsboro; penis Borman, King City; Bill Young, Lake Oswego; Dan Scheans, Rivergrove; Joy Martin, Tigard; Chair Robert Haas, Tualatin; Mike McCloskey, Washington County; and William Tierney, MACC Administrator. APPROVAL OF MINUTES: Ms. Maul moved for approval of the meeting minutes from the September 18, 1985 regular meeting of the Commission; Mr. Borman seconded the motion; motion carried. v VISITORS: Mr. Jim Long, residence of Cornelius, addressed the Commission regarding the issue of interconnection of Storer Metro's cable system to neighboring cable systems (see memorandum to Commission from Mr. Long detailing his concerns and additional materials noting potential benefits from interconnection). Mr. Long noted that interconnection had not been addressed through the recent renegotiations of the Franchise Agreement and made the following suggestions to the Commissions "Language additions regarding cable interconnection should be made in the Franchise Agreement so that Storer Metro be required to: 1,. Interconnect at least one (1) residential MACC Access channel with a two-way feed to allow cablecasting/transmission to and reception of Access Programming from other cablesystems. This interconnected channel should be on the Universal Tier. If possible, the interconnected channel should be Channel 13 to coincide with the existing interconnections in Multnomah and Clackamas counties. 2. Interconnect at least one part-time channel for Local Origination Programming with a 2-way feed to allow both advertising and programming to be cablecast to and received from regional cable systems. 3. Interconnect residential interactive -lata communications (e. g. home computer messaging) when viable to do so. 4. Complete the regional interconnect by March I98B. ®e METROPOLITAN AREA COMMUNICATIONS COMMISSION COMMISSION MEETING MINUTES - OCTOBER 169 1985 Chair Haas asked MACC Administrator Hill Tierney to respond. Mr. Tierney responded that Mr. Long' s concerns are valid, that the Franchise Agreement' s intent was for access to be included in interconnection but recognized that the language is not as clear as we would like it to be. He noted that timeliness of passage of the Amendment is a concern and suggested the Board ask the MACC Access Committee to consider the issue and provide a report to the Hoard on the access issue, and MACC staff provide a report on the interconnect of the Public Communications Network. Mr. Tierney added that another option would be to open negotiations again or renegotiate a new issue with Storer Metro. He noted that Storer Metro has agreed to the concept of interconnection and an arrangement can probably be worked out. Ms. Fessler stated that this is an imperative issue which was apparently overlooked, but she shares the timing concern and does not want to reopen negotiations and suggests the Access Committee and staff consider the issue and report back to the Commission. Ms. Maul added that Mr. Long presented the issue to the Beaverton City Council recently and the Council is interested in the concern, but stated that the Franchise Agreement Amendment currently being considered is not the and to opportunity for future changes. Chair Haas agreed that the Commission needs to allow the Amendment to continue as agreed and review this issue separately. Ms. Fessler moved for the issue of interconnection of access and the publ. communications network be referred to the MACC Access Committee and MACC staff for further exploration, review and discussion with Storer Metro, and be brought back to the Commission in a timely fashion for their consideration. Ms. Maul seconded the motion. Motion carried unanimously. CONSENT AGENDA: August and September 1985 MACC Financial Reports: Mr. McCloskey moved for approval of the Consent Agenda as submitted to the Commission; Ms. Fessler seconded the motion; motion carried. CONSTRUCTION AND CABLE OPERATIONS PERFORMANCE REPORTS Mr. Tierney reported on the September Report (which was part of the meeting packet distributed Ca pweek prior to the meeting) noting that 26.77 miles have been completed •:s art of the Lake Oswego rebuild, that Storer Metro is completing an audit of the figures provided for multiple dwelling units due to unclear reporting, and Storer Metro reported 33, 103 subscribers for September with 2,392 service calls. Mr. Tierney mentioned the October 15 letter from Barbara Frank, Office Manager Storer Metro, noting 15,877 calls answered, 793 average per day, 2.80 minutes was the average hold time, with 3.05 hours as the average minutes lines were busy per day. Mr. Tierney remarked that the rate increase, and Aloha and Lake Oswego rebuilds affected the telephone answering, and expects improvement due to Storer Metro expanding their customer service hours effective October 1. Technical testing is currently in process for the Aloha area and will be reported at t" November meeting. -2- METROPOLITAN AREA COMMUNICATIONS COMMISSION COMMISSION MEETING MINUTES - OCTOBER 15, 1985 Mr. Young inquired to MACC standards for telephone answering. Mr. Tierney replied that average hold time is not to exceed three e minutes,te lines inestaretto not be busy more than thirty minutes per day, and thFranchise Agreement changes the 95% standard to 90%action of been timenthe telephones are to be open. Mr. Young asked why no to penalize Storer Metro for not meeting the standards. Mr. Tierney responded that improvements have been made and further improvements are expected and g after the expanded hours have been recommends awaiting the reportin experienced, and then review possible penalties if improvement is not Young replied that personally he would like to pursue this area shown. Mr. shown. Ms. Maul commented that the Renegotiating Team felt very of strongly that ;ACC enforce the Franchise Agreement as amended, assessing penalties or doing whatever needs to be done. Chair Haas responded that extraordinary circumstances may exist to disallow compliance. Mr. Tierney responded that rebuilds are not considered extraordinary circumstances. Mr. Dan Murrell, Storer Metro Area Manager and Vice president strongly disahated, stating gce he bthat AreailManagerd is nsStorer Storer extraordinary circumstance, Metra has brought their busy time down from 6-8 hours to 2-3 hours per day, plaints but that during a rebuild, this cannot be improved upon. isCamproblem regarding busy phones has dropped dramatically; problem. but believes Storer Metro has made good strides in improving the p Chair Haas asked what effect the rate increase had on subscriber numbers. Mr. Murrell replied that September gained subscribers. iters.(which had Erwobeenrtdisked if the possibility of different billing cycles ed previously) had been reviewed. Mr. Murrell stated that research was done and it was found to not be feasible because Cable Data software needs to be changed first, but noted that this was not an is Storer Metro has not he t it is yet abeesonableafor cheapishotsode to beeto madetto Storer and feels thMetro regardingatelephone unreaso answering standard compliance. Chair Haas noted that the language of compliance refers to outages, not rebuilds. Mr. Murrell stated that Storer Metro will challenge that language. Mr. Young asked staff to look at the customer service standards more seriously in regard to whether or not the LLakktOswwego rebuildck to is dramatically effecting telephone answering report he Commission. FRANCHISE AGREEMENT ADMINISTRATION: 8tjgNpMgNTj Mr. Tierney informed the Commission that nine jurisdictions have acted favorably on the Amendment, and out of those nine jurisdictions: only two individual oppositions have been made. -3- Now— MP I METROPOLITAN AREA COMMUNICATIONS COMMISSION COMMISSION MEETING, MINUTES - OCTOBER 18, 1985 CONSIDERATION_AND_ACTION_ON MACC RESOLUTION_8�=04_AF'P_ROVING_THE__CHANGEIN OWNERS_HI2__OF__STOKER__COMMUhICATIONS,.__INIC_: Mr. Tierney mentioned the enclosure in the packet of a letter from MACC Counsel, Dan Cooper, and the proposed Resolution 85-04 approving the change of ownership of Storer Communications. He summarized the letter 1) The Franchise Agreement requires MACC to act on a change of ownership; 2) SCI Holdings Incorporated (parent - Kohlberg, Kravis, Roberts and Company) is purchasing Storer, changing stockholders and possibly changing management ; and 3) It is the opinion of Mr. Cooper that purchase of Storer Communications represents a change in ownership of Storer Metro, thus establishing a need for MACC to act on the change. Mr. Tierney stated his confidence that SCI Holdings are qualified to operate Storer and recommended the Board adopt Resolution 85-04. Ms. Fessler questioned if they buyout local partners of Storer Metro or if SCI Holdings sells Storer Metro, what would the status be of our Franchise Agreement? Mr. Tierney responded that any new owners would assume the current Franchise Agreement. Mr. Erwert moved to approve Resolution 85-04 "A RESOLUTION APPROVING THE CHANGE OF OWNERSHIP OF STORER COMMUNICATIONS, INC. " ; Mr. Borman seconded the motion; the motion carried unanimously with Banks, Cornelius, North Plains, Sherwood and Wilsonville absent for the vote. CQNSIDERATION__ANP__ACT QN__QN__IQSSYILVO__EFFORT__REOQRDINS---Mg---EEOERA6 COMM°UNICATIQNS___COMMISSIQt___ESTAOy�1SH1NS__TECHIVICAL__5,.R9QJF1CATJQNS1 Mr. Tierney drew attention to the report enclosed in the meeting packet which details the background on this subject and stated that this is a significant issue to MACC, subsc-ibers and Storer Metro. Mr. Tierney recommended the Board consider and approve financially supporting this effort to assist in stopping the FCC from deleting all technical specifications for cable operators, by authorizing a $1, 000 expenditure to engage Miller and Young (law firm in Washington, D. C. hired by the City of Sacramento, California) to present the case to the FCC and Congress; possibly wend a representative to Washington, D. C. to lobby both the FCC s and Congress in order to have local franchising authorities present their story so the FCC is cognizant of some of the realities of cable franchising; and provide MAGUS experiences regarding technical specifications to Miller- and Young to assist in their case. Commissioners questioned the costs involved and what other parties are participating. Mr. Tierney responded that Sacramento's approximate costs 4 will be $40,000, other cities across the country are contributing to date and locally Multnomah County is currently considering participation, City E of Portland is drafting information for Miller and Young and will assist in i the lobbying effort, but no money locally has been committed to date; and the League of Oregon Cities is actively participating. Chair Haas and Mr. Erwert commented on the importance of this for consumer protection noting that benefits would be for public, MACC and Storer Metro. -4- CMOs WEEM METROPOLITAN AREA COMMUNICATIONS COMMISSION COMMISSION MEETING MINUTES - OCTOBER 16, Ms. Maul moved to transfer $1,000 to Account 51511 - Professional lthelconsort�um from Account 51S:l - Contingency to financially supe efforts, and $1,000 to to Account 513w a elvisitatalWashirand Sigton,StD.`C. for ce rnlobbying; 51991 - Contingency Ms. Percy seconded the motion. Mr. Young stated he would not vote in favor of both. Ms. Fessler agreed, noting she would authorize $1, 000 fO ofha consortium efforts (legal fees) but would rather postpone the app roval visit to D. C. it was her intent to only authorize tdhe�lEdeecutMse MMs. Maul explained that Committee to appropriate the money for lobbying if they Maul removed the $1, 000 transfer- for a visit to D. C. from her motion; Ms. Percy agreed. The motion to transfer X61,000 to Account 51511 tc, support the consortium' sexpense iverd for Cammetteelgalfto5authorize futureuexpenditures The ato agreed to allow thetif necessary at a later date, awaiting a not exceed $1,@00 for lobbying recommendation from Miller & Young stating whether or not an impact can be by MACC visiting Washington, D. C. ADMINISTRATIVE ACTIONS: AQQE5S__QQFiM17TEE_____TERMS__QEMEME�6Rpd1e1 Mr. Tierney noted the handout members identifying the terms ms.oMaul,tbChairmanership eofcthe Accessted for eCommittee,oinformed f the Mthe C. Access Committee. two or three Commission that recommended appointments were made for one, year terms from a hat draw, and again asked each member jurisdiction to Appoint a gtafp rover�bthetotermse of membership;on an access se Ms. Percyseeconded; motion moved to app carried. REPORTS AND Ir1FORMATION: 98___$ERQRTs (Enclosure in meeting packet was QF, FTEMB�a_6QVERNMENT_8CQ€ noted) NATIOWAtr__Q�SOC�ATiQ�U__QF__T_�� sQMMI�NICAT�QNS_QEEIC�RS, _QNL ��QO�T__QN__��€...____-CONF R NC ATTENDED Y RN Y AN ��v16Q�_EI ETh9_ESNN�IAt Conferenc E�W6RT,a, Mr. Erwert stated the Conference was very beneficial, focused on legal issues, and encouraged others to attend in the future. �Q�Y_Q'F_OREGQE►IAN_�QI7QR�A�-oF_QQTOHE$ 3,,_196;__QQL�'_I_�TiQfS__TAXpQYE05__E29 --- REPlcY__6E7T6R__TQ_EQIIQR-FSQM--RQ66�T--E-IAA8,__Mhis ERV CE" t© this CHAIRP€RSON_ Chair Haas stated he felt a strong need to reply editorial and hoped he had summarized renegotiations aecurately. Mr. Tierney informed the Commission tthat Weokerto orporate repconfirm representatives will be meeting with MACC locally next renegotiations- -5- METROPOLITAN AREA COMMUNICATIONS COMMISSION COMMISSION MEETING MINUTES - OCTOBER 16, 1985 Ms. Maul commented on the discussion previously held regarding customer service standards acknowledging her concern with the comments Mr. Murrell made regarding "challenging" the language in the Amendment, and asked Mr. Tierney to speak with Mr. Murrell to verify his intent since he was now absent from the meeting. Ms. Fessler added that she was taken back by Mr. Murrell' s response to the discussion but stated that Mr. Murrell takes pride in the improvements Storer Metro has made and the Agreement does not address rebuilds when referring to customer service standards. Mr. Erwert expressed his understanding of Mr. Murrell' s concerns, noting that Storer Metro has lust expanded their service hours and have not yet been given a fair chance to see if improvements will be made, but hopefully they will have an impact. Their being no further business, Mr. McCloskey moved for adjournment; ,1r. Scheans seconded the motion; motion carried; meeting adjourned at 2:51 p. m. Respectfully submitted, CAROL ANGSTMAN MAUL SECRETARY-TREASURER CM/(TMM)/tmm Recording Secretary T. McIntosh (Meeting recorded by audio tape and videotape recordings) -6- BUDGET REPORT FISCAL 1985-86 CLOSE DATE 31-Oct-85 RUN DATE 06-Nov-85 'METROPOLITAN AREA COMMUNICATIONS COMMISSION REVENUES BUDGET REVENUE REVENUE UNDER % YTD MTD (OVER) UNRESTRICTED REVENUES BEGINNING WORKING CAPITAL 5000. 00 0. 00 0. 00 5000-00 0. 00% FRANCHISE FEES 379458.00 106424. 15 106424. 15 273033. 85 28.05% INVESTMENT INTEREST EARNINGS 7500. 00 1736. 45 519. 79 5763.55 233. 15% MISCELLANEOUS REVENUES 18600. 00 1881. 41 1881.41 16718.59 10. 12% UNAPPRIOPRIATED FUND BALANCE 0. 00 0. 00 0.00 0.00 ERR ----------------------------------------------- TOTAL UNRESTRICTED REVENUES 410558.00 110042.01 108825. 35 300515. 99 26. 80% RESTRICTED REVENUES GRANTS - PRIVATE 6000.00 3000.00 1500.00 3000. 00 50.00% ssmm=smamsaamssssssmsss:asssmssmmaacsmmssmzsssms:mm TOTAL REVENUES 416558.00 113042.01 110325. 35 303515. 99 27. 14% l . ' t BUDGET REPORT FISCAL 1985-86 CLOSE DATE 31-Oct-85 RUN DATE 06-Nov-85 METROPOLITAN AREA COMMUNICATIONS COMMISSION EXPENDITURES (SUMMARY) BUDGET EXPENDED EXPENDED UNDER % YTD MTD (OVER) PERSONAL SERVICES MACC ADMINISTRATOR 37850. 00 11371. 80 2939.20 26478. 20 30. 04% COMMUNITY PROGRAM COORDINATOR 29078.00 8652. 80 2163. 20 20425. 20 29. 76% PRODUCTION ASSISTANT 16131.00 4614. 40 1153. 60 11516. 60 28. 61% SECRETARY 17264.00 4985.55 1296. 00 12278.45 28. 88% EXTRA HELP 1000.00 294. 50 117. 00 705.50 29. 45% FRINGE BENEFITS 30878. 00 8662. 10 2176.91 22215.90 28.05% saacsaaaaascssscassmasassaa¢sssasGm:amaecsssaoaasmsorausas TOTAL PERSONAL SERVICES 132201.00 38581. 15 9845. 91 93619. 85 29. 18% MATERIALS & SERVICES OFFICE EXPENSE 1900.00 917.59 15. 99 982. 41 48.29% SPECIAL DEPARTMENT SUPPLIES 2000.00 1038. 77 395.00 961.23 51.94% MEMBERSHIP FEES 510.00 150.00 0.00 360.00 29.41% BOOKS/PERIODICALS/SUBSCRIPTION 500.00 171. 75 15.00 328.25 34.35% REPROGRAPHICS CHARGES 2750.00 1131.64 390. 93 1618. 36 41. X ADVERTISING/RECORDING/FILING 500.00 830. 81 0.00 -330.81 166. i%,% TRAVEL & SUBSISTENCE 3800.00 1358.88 588. 34 2441. 12 35. 76% TRAINING 2100.00 740.00 0.00 1360.00 35.24% MEALS & RELATED EXPENSE 1200.00 300. 24 30. 76 899. 76 25.02% VEHICLE EXPENSE 2100.00 204.01 65.80 1895.99 9. 71% COMMUNICATION EXPENSE 3400.00 1475.59 309.23 1924. 41 43.40% EQUIPMENT EXPENSE 1250.00 0.00 0. 00 1250.00 0.00% BUILDING EXPENSE 20372.00 7832. 10 1566.42 12539.90 38.45% GENERAL LIABILITY EXPENSE 7000.00 0.010 10. 00 7000.00 0.00% UNEMPLOYMENT INSURANCE 1000.00 0.00 0. 00 1000.00 0. 05% WORKERS COMP INSURANCE 375.00 619.56 619. 56 -244.56 165.22% SPECIAL EXPENSE 800.00 75.00 0. 00 725.00 9. 38% OTHER EXPENSES 0.00 0.00 0. 00 0.00 ERR PROFESSIONAL SERVICES 23000.00 13402.55 5412.02 9597.45 58. 271A FRANCHISE REVENUE DUE MEMBERS 171250.00 50000.01 0.00 121249.99 29. 20% assrssssssssssas:sssmsasssssssssa:ssssssssssasatss:sss TOTAL MATERIALS & SERVICES 245807.00 80248.50 9409.05 165558.50 32.65% f}Fi 5 t l { f BUDGET REPORT FISCAL 1985-86 CLOSE DATE 31-Oct-85 RUN DATE 06-Nov-85 CTROGOLITAN AREA COMMUNICATIONS COMMISSION CAPITAL OUTLAY OFFICE MACHINES 750. 00 159.95 0. 00 590- 05 21.33% OFFICE FURNITURE 1200. 00 472.00 0. 00 728.00 39. 33% VEHICLES 0. 00 0.0@ 0. 00 0. 00 ERR COMMUNICATION EQUIPMENT 10600. 00 0,00 0. 00 10600,00 0. 00% sxax xxxssssxxascn:a s,aacxxsomsxassxxscxacxe�xxxaxao xxex TOTAL CAPITAL OUTLAY 12550.00 631.95 0. 00 11918.05 5.04% TOTAL UNRESTRICTED EXPENSES 390558.00 119461.60 19254.96 271096. 40 30. 59% asxaagxac7ess:ticssxs¢xaeasssa¢s:xsssacssssamsssssassccascross CONTINGENCY 15000.00 0. 00 0. 00 150@0. 00 @• 00% RESTRICTED EXPENSE OTHER EXPENSE 6000.00 748. 90 317.00 5251. 10 12.48% DEMONSTRATION PROJECTS 10989.00 1175.00 0.00 9814.00 10.69% R.emss�s:s::mm:s:ss:srssscasxcc,erassa�:wmsss:s::sxsz:ax:=�cx TOTAL RESTRICTED EXPENSES 16989.00 i923.90 317.00 15065. 10 11.32% .; TOTAL EXPENDITURES 422547. 00 121385.50 19571. 96 301161.50 28.73% sass:sstasossssasssssssrass•rssassssaa:sassssaa:sassssa 1 METROPOLITAN AREA COMMUNICATIONS COMMISSION ADMINISTRATIVE SECRETARY NOTE: To reflect the addition of financial responsibilities to MACC's Secretary position, I am proposing the job description be changed. Underlined are additions (deletions) . General Statement of Duties: Performs clerical duties some of which are complex a zea --aon�t� - --sae�aed--peeeedt�eee , including the taking of dictation with the use of transcription equipment, skilled typing, preparation of correspondence (es*rrt --a reoeeirbed -fevm&t) , public contact and (elementary) maintenance of financial records. Supervision Received: Works under the direct supervision of the Administrator. Supervision Exercised: Supervision is not normally a responsibility of this position. Typical Examples of Work: An employee in this position may be called upon to do any or =a of the following. (These examples are illustrative and do not include all the tasks which the employee may be expecteed to perform. ) 1. Types varied materials from copy, draft, transcription machine or oral instruction. Proofreads documents for typing or format errors. �- 2. Files material according to numeric and alphabetic conventions to facilitate access to such information using a prescribed filing system or establishing a new filing system, may retrieve same. 3. Operates office machines such as copying machine, calculator, typewriter, terminal. 4. Receives telephone calls or visitors, answers routine inquiries of the public, receives cable related complaints, refers them to proper sources for resolution, screens visitors and schedules appointments. S. Prepares materials for meetings and notifies participants, attends meetings, records and transcribes meetin2 minutes (when-weeesearY) , (peepaees-m nutes- -neeeoe&E " S. Maintains Financial Records. Posts various fiscal and other records accord ng to standard procedure, prepares report data involving tabulation of posted data and basic arithmetic computations, prepares payroll, prepares balances (end of month, end of Year) . F k JOB DESCRIPTION -1- ADMINISTRATIVE SECRETARY Desirable Qualifications for Employment: Knowledge, Skills, Ability: 1. Basic knowledge of business English, spelling, punctuation and arithmetic. 2. Basic knowledge of modern office practices and procedures. 3. Skill in typing and operating basic office equipment. 4. Ability to understand and follow oral and written instructions. 5. Ability to use resourcefulness and tact in public contacts. 6. Ability to explain practices and procedures to the public. 7. Ability to establish and maintain harmonious working relationships with other employees and the public. 8. Abilit to understand and follow basic financial functions. Experience and Training: Some experience in secretarial the abasic work including typing, with sufficient education to perform y uivalent clerical duties and rimar bookkee in functions, or an eq combination of experience and training. t _2_ ADMINISTRATIVE SECRETARY JOB DESCRIPTION STORER METRO CONSTRUCTION AND CABLE OPERATIONS PERFORMANCE REPORT O C T O B E R 1 9 8 5 CONSTRUCTION: Lake Oswego Rebuild: Miles Completed 97 Miles Required 97 Number of Subscribers Upgraded Total Lake Oswego Subscribers 4,201 *All residential construction in Lake Oswego is completed. The switch to the MACC feed is scheduled for November 19. Multiple Development Units October September Units with Signed ROES 25,104 24,993 Units Under Construction 801 296 Units Active 23,223 23,148 CABLE OPERATIONS: Number of Subscribers 33,174 Number of Premium Subscribers 37,248 f Number of Service Calls 2,186 # As a Percentage of Subscribers 6.5% Percentage of Service Calls Respnded 94% To Within 24 HOurs MACC Threshold 958 k Telephone Answering } Telephone Calls Answered 19,668 Average Per Day 730 Average Hold Time 2.00 Minutes Average Minutes Lines Busy Per Day 1.32 Minutes As a Percentage of a 9-Hour Business Day 85.3 t STORER METRO PERFORMANCE REPORT -1- OCTOBER 1985 Technical Quality: MACC conducted independent technical tests of the Aloha system. The written results have not been communicated to me, although an oral briefing indicated the results were acceptable. RFI Electronics, Inc. conducted the tests. Line end reports provided by Storer were received; they are within acceptable ranges. Service Installations Not Done Within Sixty Days of a Request: No outstanding requests. CTOBER 1985 STORER METRO PERFORMANCE REPORT -2- 0 TELEPHONE ANSWERING REPORT Introduction: At the October Commission Meeting, the Board requested the Administrator examine Storer Metro's telephone answering compliance with MACC Resolution 85-1 and the Amendment to the Franchise Agreement. This request was precipitated in large part due to an increase in the average minutes the lines were busy per day over previous months. The telephone answering standard is as follows: Incoming calls shall be answered within three (3) minutes 908 of the time during any one hour time period. "Answered" means that a caller speaks to an employee of the Grantee. Grantee ciiil meat or exceed the 908 standard in meeting the telephone answering requirements of Section 13.4(a) of the Franchise Agreement. The test for compliance will be whether an open incoming telephone line is available 908 of the time during any one hour and whether calls are picked up by an employee within three minutes . Since the last MACC Board meeting, all jurisdictions have ratified the Amendment to the Franchise Agreement, so this language is now in effect. You will recall that the threshold for answering was dropped to 908 from 958 as part of the negotiations. The 958 threshold was in MACC Resolution 85-1. The Agreement does allow for exceptions. Language is included which excepts periods when the system has suffered an outage or other disruptions affecting trunks or distribution feeders, or some occurrence has caused similar service related problems to a number of subscribers. Monitoring: MACC has accepted monthly reports from Storer Metro, showing on a cumulative basis, the number of phone calls, average per day, average hold time, and average busy time in hours. This report is used as an indicator of compliance since it does not specifically address the compliance criteria which is 908 availability on an hourly basis. Additionally, Storer Metro informed me, they do not take into consideration outages and other disruptions when they file the report. Monthly Report Results: The following shows the report results since May 1985 when they were first filed. TELEPHONE ANSWERING REPORT -1- NOVEMBER 20, 1985 TELEPHONE ANSWERING ---------------------------------------------------------------- e PHONE AVG PER AVG HOLD AVG BUSY AVG BUSY * CALLS DAY TIME IN HOURS MINUTES ** *� ------ ----------------------------------------------------- 1985 is MAY 12626 665 2. 39 2.53 151.8 *+► +t+F JUNE 12937 647 2.89 3.61 216.6 +�e JULY 11815 622 2. 36 2.48 148.8 ** ,tt+► AUGUST 13865 630 2.84 2.48 148. 8 *e Rie SEPTEMBER 1SS77 793 2. 80 3.05 183.0 ++� +f* OCTOBER 19668 730 2.00 1.32 79.2 +� *e NOVEMBER tit DECEMBER ** October Report Results:_ The results for October show improvement. The average busy per day was reduced from over two hours to 79 minutes. This is 25 minutes per day above the threshold. Hold time is in compliance and has been for all months reported. I received backup information from Storer Metro. The information provided the same statistics on a daily basis as received on a monthly basis. The average hours busy per day showed Storer Metro meeting the threshold nine days during the month and not meeting the threshold twelve days. Weekends were not included. The range was 0 minutes busy to 3 hours 38 minutes busy. The later occurred on October 28 and coincided with cable outages in Hillsboro, Forest Grove# Cornelius and Tualatin. I did not request statistics on an hourly basis. Storer Metro Actions: In conversations with Storer Metros they explained some of the efforts they are taking to improve telephone response. Dan Murrell will be available to elaborate upon them at the meeting . They are outlined below: NOVEMBER 20� 1985 TELEPHONE ANSWERING REPORT -2- t { 1. Increase in number of Customer Service Representatives 2. Increase in Customer Service Representatives Training 3. Increase in Number of Telephone Lines 4. Efforts to Reduce the Number of Incoming Telephone Calls, Including More Preventative Maintenance 5. Increase in Customer Service Hours 7 am - 11 pm M-F; 10 am-7 pm Wknc Impact of Aloha/Lake Oswego Upgrades: The Aloha upgrade started in February and progressed into August. Activities in Lake Oswego commenced in August and will be completed this month. It is difficult to specifically assess their impact on the telephone system, but two indicators point out some of the impact. Service complaint calls were up in both areas. Prior to the upgrade, service calls in Aloha averaged 286 per month. During the upgrade, the number averaged 458 per month. In Lake Oswego, the number of service calls rose to 394 per month from 239 per month. The second indicator is calls received by Storer Metro on their special toll free Lake Oswego number. For October 1985, 5,085 of the 19,668 calls received were from Lake Oswego. This equals 25% of calls received. As a percentage of the subscriber base, Lake Oswego accounts for 12.6% (4,201 subscribers of 33,174 total subscribers) . Conclusion: Storer Metro is not meeting the telephone answering requirements of the MACC Franchise Agreement. The evidence accumulated supports this f statement even though the data received was on a cumulative basis, not . on an hourly basis. However, Storer Metro has taken steps to improve their performance and the results are seen in the October report which shows the lowest amount of busy time since records have been kept. Provided all things remain the same, continued improvement should be seen with the completion of the Lake Oswego upgrade. If the Board wishes to pursue this as a franchise violation, the procedures to follow are laid out in MACC Resolution 85-01. d F t f William J. Tierney MACC Administrator WJT/tmm TELEPHONE ANSWERING REPORT —3— NOVEMBER 20, 1985 NUM November 20, 1985 CAPITAL PROJECT STATUS REPORT L.I.D. 's 72nd Street L.I.D. On October 29, 1985, Council decided against modifying the northeast corner of 72nd and Carmen Drive to provide a wider turning radius for large trucks. It was decided instead to make the flattening of the curvature of the turn a condition of developing the corner lot. Marlin De Haas, Jerri Widner, Tim Ramis, and Bob Jean are scheduled to meet this week to complete the final report and to set the time-table for wrapping up the project. Council consideration of the resolution accepting the final as -�i- tentatively set for hate December. report and closing account's.. 68th 6 Parkway Street L.I.D. The project was advertised for bid 11/7/85. Bid opening is scheduled to occur 12/5/85. As of 11/18/85, twenty-six bid packets had been distributed to prospective bidders. This number includes both prime contractors and subcontractors. Late last month, requests were made by GTE and PGE to have improvements to their distribution systems included in the LID. The project engineer originally had anticipated that these would be provided by the utilities. However, it was recently learned that PUC policy is that areas served should pay installation costs. GTE and PGE's request to be included in the LID was researched by Tim Ramis. The informal opinion he received from bond council is that Bancroft financing cannot be used for utility improvements that will remain in the ownership of the utility. The project engineer will meet with the property owners to explain the situation and to investigate their interest in undertaking the work (using other financing) in coordination with the LID. As adverted to above, Council on 10/28/85, authorized going to bid on this project. In his remarks to Council, the project engineer mentioned that the Pollock right-of-way dedication was being held pending the receipt of additional background papers. The specific papers in questions are the mortgage release and another deed release from a party having an interest in the Pollock property. To be noted is that as of 11/20/65 these papers still had not been turned in. Significantly, however, Mr. Pollock recently has hired a title company to assist him in providing these documents. Staff is keeping in close contact with the company representative. All the owners including Mr. Pollock have been informed that the project would have to be delayed until all the necessary legals are delivered to the City and the City Attorney has determined that they are free and clear. Dartmouth Street L.I.D. No response from Court of Appeals regarding the Martin case thus far. According to 3erri Widner, bond counsel opinion is that it would be possible to reform LID and sell warrants. This is one option under consideration regarding this project. Alexander has changed his mind and has decided to donate right-of-way to the LID. The City paid $450 to have this property appraised: the value set was $12,445. ATEA started work on the Triangle Transportation Study on November 1. So far, they have completed project scheduling and task identification. A coordination meeting with City staff, ATEP, and ODOT has been set for November 22. 68th Sewer LID Mrs. Ball has declined to sign the easement for the proposed lateral across her property. The reason is a recent large fill on the property to be served that is in the path of the proposed lateral. The owner came in to pick up a fill application last week. It is believed that the proposed easement will serve his lot when the fill is contoured according to the conditions described in the permit. 135th Street—L-1—.0, The City and County have not resolved the problems related to 135th/Scholls intersection and the configuration and location of the Murray Road exten3ion. The Urban Planning Area Agreement now being negotiated is expected to address these issues. Cherry Sanitary Sewer L.I.D. 6 Inez/100th Sanitary Sewer L.I.D. Bob Wright will be present to discuss the (Stage I) staff evaluation reports regarding these projects. Greenburq/Tiedeman Street L.I.D. After reviewing all the data collected by staff, the ODOT Traffic Investigations Supervisor advised that this intersection would not qualify for a Title II project. The primary reason is not enought accidents that would be prevented or reduced by a Title II improvement. Bob Wright will be present to discuss the staff evaluation report he has prepared. Hall/Burnham Street L.I.D. An ordinance to form the L.I.D. is on tonight's agenda. A decision regarding the proposed ODOT intersection improvement is expected within the near future. The proposal is to widen Hall Blvd. at the intersection of Burnham St. within the existing right—of—way to accommodate a left—turn lane approximately 110 ft. long plus a taper and bike path/shoulder. Construction of the Tigard Water District improvements is scheduled to start some time next month. The improvements will extend to the railroad tracks on Hall and approximately 200 ft. along Burnham, and will include drainage, curbs and sidewalks. Tech Center Crossing L.I.Q. s ewii2a. C.I.P. 's Fanno Creek Stream improvements to Fanno Creek below Hall have been completed. Fanno Creek Park This project is essentially complete. Installation of handrails on the tl footbridges and the pouring of foot paths on the south side of Fanno Creek will be completed by the end of the month. T Civic Center , Under Construction 59th Sewer County approval is expected within a few days, with construction under way shortly thereafter. The project includes main line and lateral construction. Overlay Program A full project list is due December 9. Construction is anticipated to start in late March, 1986, and to be completed by late April. Emphasis will be on collectors. Improvements will include resurfacing, signing. and marking. P. F. P. Inactive. The City's public facilities plan review date is 1989. (2138P) Afmc, 10 . 3 _ - irltf'jil+I'f'll'LI'I11'(tp]oli.'.iip(III1tJill Jill I+]Fj+hT"r frp(111 +h-_,I+r) ��FII Ill�t 1 l-1I'll -Fl�F111 kIF�F�I 1 iil I�o IIr 1(.1 1 1lfltl1 l+N fl�ill�lll�litt+llltllft�r(al((o11 � y { � � ( 'l I ( � 1 � � ! J I 1 1 III NOTE: IF THIS MICROFILMED �I-.--..—.,.- .f 2 3 4 ._. _ 5 - 6_ - 7 8 8 O DRAWING IS LESS CLEAR THAN THIS NOTICE, IT IS WE TO THE QUALITY OF THE ORIGINAL DRAWING. oFs bz az iz az sz ez ez zz 1z Oz 61 ei`ti --si-sr"_b1 el__zi ..__ii of_s e. dUlilllfllll�lillfilllllllllNII�IItfIil�9tl�J,�t I ___ 1 �IIII MARCH I 1990 i 1. INITIATION It- FEASIBILITY LII• FORMATION XV- IMPROVEMENT V. ASSESSMENT VL. FINANCE AND CLOSUUE Tech Center RR Crossing 135th Street Citite.a/ Indication of May bare to Renin In contact 0 orcunlc to Property Intarea[ pay fee for the Opportunity to file with Stott obpect to the Pay seas...... in Prnll.in r Reasons trances to Ovaars Informal Meeting Engineer*.yRe the Poraation of Begio to arrange .preadlog of anus pghiorinatall.... with ScoffReport the District financing ¢•ate!a writing Pay sues eat as billedea I I I i Prepare the Pre- Publish sad. 68th/Parkway Stree[ Prepare PSnal Plan Prepare notice¢ . prepare band �CdR tEibui�[teet Infonal Meeting llu ry Engineer's al and S y ¢o[icu (pie-dS SE:SSed) Pecs far the spreading ---- with pro Percy �� Finalise the f Bid Process of.........t. Prospectus ower. Send•t•tua letter Prellain r Maoage the Publish and Bond Sale . LID Interest to property owners Engineer's yRe rt Conatruccion aeod notices Lien Docket PetPet EM. and appropriate NPO hen necessary p y, Prepare the Final w Report Cherry Sewer erelfeinary 68th Sewer `Inez/IGOt6$e Wer Eraluati! Priority Ranking Reaoluclos by Local Contract Repot[ y by Staff Arrange for (Pre-assessed) Review Board Greenbur ,/Tiedemar. Street notification i �- the Local � Preparing the staff Hall/Burnham Street and for the 72nd Street Contract Review proposed assess- accepts bids PuSlic Hearing Board to Award neat. for bonds by (PTs-dSSeSSed) the Contract resolution Key Decielon Resolution Resolution prdinasce Directing Staff t of Latest and Resolution Closing Pre re the setting the date to Fon the W District Accepting Ord1.•... spreading recounts and Prelielntry for We Public the rho assesseests ralea.ing lienc Engineer's Repor Nearing Da LtmOuth Street Final Report on all beneficed properties Documents L D .corset Pnliadnaq :fttlas •nsFa lae•r's Be ort . LetaPetition L P a•the kaa.Award. Coecrac Notieu Bosd Prospectus Pu1l.iury Draft i -.str•Contract OrdRsaolutlon Act. cinStat a Letter Final Report th.Aseauuot¢ P B Resolution Baaolutlos of ac•Pornping Rssalutlon Acceptin Bid¢ for bond. to Lteat th¢Pisal Li.a Docket c Report _ _ _ _ € p Ir��{ { _L� r E�r��l+l��'illi{i��lifTl�l�illlil��f�ili�il��ilillh'Jli ilipi i! iliiiif Ilijili lli�iiilili,llf i�f�►ii + NOTE: IFTHIS MICROFILMED _ .. 7 8 sQ Ili IP DRAWING IS LESS CLEAR THAN ',., T 1 y. UL THIS NOTICE, IT IS DILE TO - THE QUALITY OF THE ORIGINAL DRAWING. — ---_--- - - of -6Z ez LZ 8Z SZ - >z ez ZZ IZ 0Z 61 Bh--LI.. 91 -��---41 Bi Z� -11 ai 6 9... ` 9—5---b f -Z laauar c . 1w1iNL6NLIUUILuflludLLHLfEdw�lil . MARCH; 99a r � _ _ MEMORANDUM CITY OF TIGARD, OREGON T0: Mayor and City Council November 15, 1985 FROM; Jerri L Widner, Finance Director SUBJECT; DEPARTMENTAL SUMMARY — OCTOBER, 1985 The City received 7,710 telephone calls during the month of October, with 2,880 personal contact-, Word processing had 128 ,uorL orders and processed 15,854 pages with an average turn around of 4 hours. Accounting wrote 280 accounts payable checks, 242 payroll checks and mailed 1708 sewer bilis. Two SAIF claims were filed, two liability claims were filed and 96 purchase orders were written. There was l resignation and 1 termination during the month of October. There were recruitments for Eng. Tech I and II, Office Aide pant—time and for a City Engineer. A claims report is attached for your information. (1138F) x 10/30/85 CITY OF TIGARD CLAIM STATUS REPORT DATE OF LOSS CLAIMANT DESCRIPTION STATUS 2/13/85 Mervin Boen False arrest pending 8/21/84 George Kusiowski Ins. impounded clt's car no activity 2/4/85 Fredric Nickel Criminal counter cplt. open 3/20/83 Fred Ozan False arrest open/atty. working on this 1/11/85 Harry Field Alleges False Arrest pending (Office Merrill) 3/30/85 Steven Courtney Owen Alleges Auto Accident due pending to insured spilled oil or road Unknown George Hludaik Alleges his constitutional pending rights violated Unknown Neil Gerrard Alleges his constitutional pending rights were violated 7/13/85 Miller, Tracy L. Ins. backed into claimant's $2530.16 collision pd. car $255.52 payment to claimant 7/3/85 Bui—Thank Van Ins. hit clmt. pulling $2530.66 paymt to out from stop sign insured $982.67 paymt to claimant 7/20/85 Steven Bacon False Arrest claim reopened 3/16/85 Julie 8. Winkelman Wrongful Death pending 9/6/85 Farmers Ins. etal Alleges officers caused pending panic stop 10/16/85 Opal Kaske Failed to yield right--of-way pending (OH:pm/0886F) TlgARD IBRARY RJICCPhone 639-9511 12568 SW Main•Tigard. Or.97223 MONTHLY REPORT October 1985 TO: LIBRARY BOARD CITY COUNCIL FROM: CITY LIBRARIAN WCCLS - Automation System: Evaluation of integrated library automation systems were completed and contract negotiations begun. Announcement of vendor will be made in November. WCCLS - Governance: At a meeting on October 15 of the Washington County Cooper- ative Library Services (WCCLS) Citizens Advisory Board (CAB), city managers, city librarians and community library representatives discussed the issue of a new governance structure for WCCLS. Pros and cons of a library district, a library service district and a MACC (Metropolitan Area Communications Commission) model were enumerated and discussed. Consensus was that the WCCLS configuration offers best delivery service and preserves autonomy for city libraries. City libraries did not support the library district concept but seemed to favor developing the Cooperative model and going with it to the 1987 Oregon legislature so that govern- mental units could contract to provide library service and also-have taxing au- thority. On the face of it, this seems to answer the issue of autonomy, preser- vation of WCCLS and to provide tax authority separate from the Washington County Commission. It would be necessary, however, to request that the Washington County ( Board of Commissioners allow WCCLS an additional one-year levy for 1987-88 to allow 4- time for the legislature to act. State Aid Per Capita: The Library has received $1813 as its 1985 share of the State Aid Per Capita. This is up from $1400 in 1984. Library Furnishings: Contracts have been signed with Environetics, Lake Oswego, for the wooden and upholstered furniture and with Sound Business Systems, Seattle, for the metal shelving and attached lighting. The Friends of the Library, at their October 7 meeting, voted to purchase all of the area carpets specified in Lot X13. This brings their total pledge to $10,000 for new library furnishings. Bobby White - Employee of the Month: Bobby White was chosen as the City of Tigard's Employee of the Month for October. She is being recognized for her ability to manage and direct a myriad of activities at the circulation desk, supervise aides and volun- teers, keep the rest of the staff pointed in the right direction and offer a first rate service to the library user. Book Detection System: In response to the Library Board's request, library staff and Board member Sue Carver met with a representative of the 3-M book detection system on October 30. November 4 a representative from Check-Point will make a presentation on that system. A staff recommendation will be made at the November meeting. Personnel: Twenty-seven volunteers gave a total of 260.5 hours; 9.6 daily average; staff time 25.75 hours. Three community service assignees worked 24.5 hours; daily average, 1 hour; staff time 1 hour 35 min. Library Board members gave 23.75 hours. TIGARD PUBLIC LIBRARY - MONTHLY REPORT - October 1985 - page 2 Youth Services: After a training session,five volunteers have been added for a total of twelve helpers for story telling, crafts and special events. Gaarde School has begun bringing two classes each week for research. Canterbury Day Care brings twenty children every other Tuesday. The first "Toddler Time" (1} - 3 years) program was presented October 18. Response has necessitated scheduling a second session on November 22. Halloween activities included a craft program for pre-schoolers and the "Second Annual Decorated Pumpkin Contest and Halloween Party" for older children. The Education Service District is again distributing bulk flyers to targeted grade levels announcing various programs. Attendance has reached such levels that we will be required to set maximum attendance with sign-up sheets for all activi.,ies except pre-school storytime. Work Indicators: October 1985 October 1984 Adult Materials 6086 5647 Juvenile Materials 3333 2470 TOTAL 9419 8117 Days of Service 23 22 Average Daily Circulation 410 368 Increase/Decrease Circulation 16% -17% Reference/Reader's Advisory 343 251 Story Time 127 (8) 43 (4) Special Children's Programs 115 (6) 84 (7) Materials Added/Withdrawn 856 602/51 Borrowers: New/Renewal 182/126=308 191/95=286 CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: NOVEMBER 25 1985 AGENDA ITEM #: DATE SUBMITTED: November 21 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Board and Committee A ointments PREPARED BY: Donna Corbet --- REQUESTED BY: Council ------- CITY ADMINISTRATOR: - -- DEPARTMENT HEAD OK: POLICY ISSUE Appointments to vacancies on boards and committees. INFORMATION SUMMARY Advisory Committee met November 20, 1985 to interview The Mayor's Appointments Ad y Commission, applicants for the vacant seats on the Budget Committee. Planning Parks and Recreation Board and the newly formed Utilities and Franchises Committee. The following applicants are being recommended for the vacant positions: Plannir►� Commission - Will Newman ®ua�9et Coeunittee - Carolyn Eadon - Michael Schwartz and Sandra Helfrich Parks and Recreation Board Barbara z, Fred Utilities and Franchises CarmsiR�enaIds, Marcia Gaiserhael tand Donald Benz, Barbara Osborne, LaValle Allen, Gerry Mc y ALTERNATIVESCONSIDERED SUGGESTED ACTION Approve Mayor's Appointments Advisory Committee recommendations. 10T3p RECEIVEQ 1-PR 2 .11984 i� CIT` OF TIOARD CITIZEN COMMITTEE INTEREST APPLICATION CITY OF TIGARD `k DATE: <f L/_ /� _ S / NAME: ( _jQ120L-yI1J �/1/^�O/L' _ � rp ADDRESS (RES.): J�� ) S .�F'►` Com' RES. PHONE: 'q U-D Sv� GucQc� rw ADDRESS (BUS.): BUS. PHONE: a - LENGTH OF RESIDENCE IN TIGARD: 6_ S SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? 7r9 - EDUCATIONAL BACKGROUND: OCCUPATIONAL STATUS AND BACKGROUND: � Vr- C'/ �� '�� "� Vt'7V A , rF• HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)?a ` ?REVIOUS COMMUNITY ACTIVITY: .� � r2 Ci O4) 4° C-117 ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS): ^�i 6)ft l�/ - L C) � t? L kq"'-LP sIt C�7 yr yi /T r� i r_z BOARDS, COMMITTEES OR NPO INTERESTED IN: ZI. -------------------------------------------- Zsjr- Date Received at City HaI1 /(�/ Date Interviewed O Date Appointed Board, Committee, or NPO Inside City Outside City _ (034bp) 01911 a fim��.Iiil Mail CITYOF TIGARD CITIZEN COMMITTEE INTEREST APPLICATION NAME: ILI i i ("ILIA-AA DATE: (8 ADDRESS (RES.): e� ES. PHONE: Gs� Vim- Z�'� ADDRESS (BUS.): , BUS. PHONE: LENGTH OF RESIDENCE IN TIGARD: SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? n i t►_` ftllSsn) �(� 'tZ- �f�s�'rZf'1�� EDUCATIONAL BACKGROUND: laff �L CL9 '�KZ"vC"TI��IU LN G L �� .00CUPATIONAL STATUS AND BACKGROUND: t 1 �,{�/l�l�)t7 4 ��/V��ie�L–" S-t•''A��`"4�"� HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? Cl)1Rh'�.LN� S't` .�1'1/VL; tn� �r11C/Vj IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: U CSN ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS): 'C """" ' ' ' ' L�— _S t� `"ZAjCi`�"IgA) Ni NC ( cs :►fid >n f ; r4 tz U/V BOARDS, COMMITTEES OR NPO INTERESTED IN: P L.-/W tO k AX-4 l(311/1+!/141 ZS t).ti — ______ __ ___ ------------------------------------- -------------- Date Received at City Hall ///.Q IR Date Interviewed .i Date Appointed Board, Committee, or NPO Inside City X_ Outside City (03k6p) err CITY OF TIGA RD CITIZEN COMMITTEE INTEREST APPLICATION NAME: Michael C. Schwartz DATE: November 8.1985 ADDRESS (RES.): 8090 SW Hemlock, Tigard,OR,97223 RES. PHONE: 246-5380 ADDRESS (BUS. ): 310 SW 4th Avenue,#1013, Portland,011,97204 BUS. PHONE: 227-5750 LENGTH OF RESIDENCE IN TiCtkRt?: (Metzger) 5 years SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? Edmonton, Alberta, Canada EDUCATIONAL BACKGROUND: Bachelor of Science in Landscape Architecture, Michigan State Univ., 1974, Graduate Studies in Landscape Architecture, University of Michigan, 1977 OCCUPATIONAL STATUS AND BACKGROUND: Consultant in private practice in Landscape Architecture. Site Planning and Urban Design, currently involved in park planning projects with the City of Portland. HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? 2 Years IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? no g PREVIOUS COMMUNITY ACTIVITY: Secretary, CPO 4, Metzger, January to June, 1985 s t ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS): From involvement with park planning, design and con- struction, t could bring to the board an understanding of the performance expected of public recreation facilities, the pressures such facilities place on operations and maintenance resources._ and a familiarity with design issues of concern to neighbors of a nark_ r BOARDS, COMMITTEES OR NPO INTERESTED IN: Tigard Parks and Recreation Board f --._--.- ----------------- -------- Date Received at City Hall 4,Q_$ Date Interviewed (/ Date Appointed Board, Committee, or NPO Inside City Outside City x (0346p) H 1r'L,n, l� CITY OF T167ARD CITIZEN COMMITTEE INTEREST APPLICATION NAME: ��CtvLt�J h G' 14e-I�Y 1 G DATE: ADDRESS (AES.): 9�JS 5✓ t,�Al.ty+ P!. RES. PHONE- 35 -8713 BUS. PHONE: (p S 3 - 69AV ADDRESS (BUS.): gol s' SE $e/J�cl�y til. -Psi+l.o..d o8y� LENGTH OF RESIDENCE IN TIGARD: I ypu�s SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? 100,+ L� EDUCATIONAL BACKGROUND: W%-Ola � —�Afltw h 'f'g "! ►^ `Y' !!; - .� Cg81 ],,its...• �:y+ t,ue i5ei-g3 A-5.. 0Sv - t9a3-8s t3.s. 1 P.E. wdtk `+ -�^' py�`� C ,,�-4 0 .. kj,0(. -4 £C. 4,C%ef4-.-! OCCf�Gc{�.aGf UPATIONAL„r STATUS AND BACKGROUND: Z r� .. r,a•ti r+c �,,6�try ill 0.4- 6-4 1i col.SC✓w- aJ OSV C t..b� vt �+e,� cJ or •�:st c-c-�;�:�;�. ��e o c.f- 05u . L- l SG�o t, HOW LANG HAVE YOU BEEN EMPLOYED WITH THIS FIRM7• S' S w - ,S_---�'� IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? - PREVIOUS COMMUNITY ACTIVITY: vc -�6z►� �siz Arks 4 rex- ORGANIZATIONS AND OFFICES: Na„a 6t.lo,J !'% Gtat 4kA -4..,.•4 d t .'+At 4t1� z.t►Y"5. i.•tJe/.a s 6.:P C.4- OTHER INFORMATION (GENERAL REMARKS): � �P ./ K✓.n bd�]+4'�i[e to G M: n C• i GY .t.-,4 Std-.tet . Pf r SsccC1 f �tyn:3 o-.+ T: 4-.l� tj. cwt er'i ct ��ti✓.►.+-✓igGt -!'i�,ra,. 1�.,..� �.1/[ BOARDS, COMMITTEES OR NPO INTERESTED IN: Qo � y`hs �t ------------------------------ Date Received at City Hall /�/, /�S Date Interview;d I Date Appointed `T Board Committee' or NPO 14- Inside City Outside City (0346p) CITYOF TIGARD CITIZEN COMMITTEE INTEREST APPLICATION NAM£• A(14"dEt /"7/So✓!Jz ' DATE: /s'�✓8� ADDRESS (RES.): rf740 / RES. PHONE: 2'Syi-3.235 ADDRESS (BUS.): �f. LOC`+Nso�r� �'IOS. BIS. PHONE: LENGTH OF RESIDENCE IN TIGARD: O yE _ SUGGESTED BY: WHERE DID 'YOU LIVE PREVIOUSLY? EDUCATIONAL BACKGROUND: .S�n• �'�'`" ''�'- �.5: �� `�' L,s•,�sxs OCCUPATIONAL STATUS AND BACKGROUND: . ems rla� E C. M�.� 7 �td✓� f bt17�S A /CSC .1-12•KvMo,.at►� I�6N�i'l HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? � ••� IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? N4 PREVIOUS COMMUNITY ACTIVITY: va•� / __q�7� ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS): t BOARDS, COMMITTEES OR NPO INTERESTED -------------- -- ------_ ------ Date Received at City Hall —It r Date Interviewed Date Appointed Board, Committee, or NPO Inside City Outside City (0346p) CITYOF TIGARD CITIZEN COMMITTEE INTEREST APPLICATION NAME: DATE: DATE: ADDRESS (RES.): 11`6o Fo 'S u-j e/O RES. PHONE: �3�q"�v0 ADDRESS (BUS.): C7. 4 -� �'��`_ BUS. PHONE: LENGTH OF RESIDENCE IN TIGARD: �R. S SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? (� ,EDUCATIONAL BACKGROUND: L�.�11`�t�r�"fSc�L.- ��.� �tald►��l't� OCCUPATIONAL STATUS AND BACKGROUND: HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? Vl�n S- �WT f ZS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: � - , � ` � � � .Ott) ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERALREMARKS): 1 S�Sir.► �.� t� V c �3�P tC �i BOARDS, COMMITTEES OR NPO INTERESTED IN: tC_S ��` � �--) ----------------------------------------------------------------------- - --------------- Date Received at City Hall /�? Date Interviewed s Date Appointed Board, Committee, or NPO Inside City Outside City (0346p) RECEIVED 1� raov 1� 19a5 CITYOFTIGARD CITIZEN COMMITTEE INTEREST APPLICATION CITY Gf 1IGARD S DATE: NAME: 11 1/- JG5 ADDRESS (RES-): �i>/O S /i > /'Q �/ RES. PHONE. 3S/i t)ntiJ�r1o, BUS. PHONE: �v� 7-�p ADDRESS (BUS.): LENGTH OF RESIDENCE IN TIGARD: zn/l5. SUGGESTED BY: . 111111, WHERE DIL YOU LIVE PREVIOUSLY? �y!'1d S /LJ "-��1�'tl--l=• L�r EDUCATIONAL BACKGROUND: rd ds/�fC �7i_!�seh�a/ T nd- -1-1-acl/7ze f"/SgqTUS mQSaL�KGROUND:OCCUPATIONAL HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? ie PREVIOUS COMMUNITY ACTIVITY: ORGANIZATIONS AND OFFICES: /'9/- °ru OTHER INFORMATION (GENERAL REMARKS): /1,-& G �IP�� n �mrOcif�P/ �► — _ v / - BOARDS, COMMITTEES OR NPO INTERESTED IN: \. ------ Date Received at City Hall Date Interviewed /! Date Appointed Board, Committee, or NPO Inside City Outside City (0345p) CiTYOF TI�ARD CITIZEN COMMITTEE INTEREST APPLICATION Ile DATE. J RES. PHONE: ADDRESS (RES.): 75`y� S 4J '�"�' :61' rru(�"` S• PHONE: a ADDRESS (BUS-): /7G2�LENGTH OF RESIDENCE IN TIGARD: L SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? EDUCATIONAL BACKGROUND: OCCUPATIONAL STATUS AND BACKGROUND: C �• �+f T- HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? ea �. .__. 7 PREVIOUS COMMUNITY ACTIVITY: _ • U t ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS) : av� 2OGn(qM BOARDS. COMMITTEES OR NPO INTERESTED IN: �/' �i�s Date Interviewed S Date Received at City Hall -1��L `�7or NPO Date Appointed Board, Committee. Outside City Inside City t (0346p) CITYOF TIGARD CITIZEN COMMITTEE INTEREST APPLICATION n 'a ) M� IJO L,o's DATE: /a PUS NAME: l�.Vv• ��a'�'Y '" ' '' !� RES. PHONE: (O20 -Z 7�a ADDRESS (RES.): R"C Z Pacs�c 9F� 441LL&S W_+ 2�-1�Z3 ADDRESS (BUS.): �lSctSc- 1'/�GI�tG Y • 97 T A40,GO BUS. PHUNE: 2�J'7Ss G�LZ3 f3ua►'r'rcS 3 �((ZS SUGGESTED BY: LENGTH Ot RESIDENCE AIN TIGARD: uusm.rss WHERE DID YOU LIVE PREVIOUSLY? EDUCATIONAL BACKGROUND: PZ POR.TL�ras+ STATS �a►ryi�ir�__ OCCUPATIONAL STATUS AND BACKGROUND: Z Ow% PAC4 `TA�t HOW LANG HAVE YOU BEEN EMPLOYED WITH THIS FIRM'. IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: C0'= C. ORGANIZATIONS AND OFFICES: •ly Yt �M!Ptr..fi►tsn OTHER INFORMATION (GENERAL REMARKS): ----------------- ISOARDS, COMMLTmES OR NPO IN•fERt"S•fEU IN: --,--- .:_: -------------------- ----- -------City Hall Witt' Date Received at Date Appointed !� Board, Cou,u1111ri•. tit N410 //.�i � td,/ Yrs"" (h1t5i�:�' t:1ty Inside City (03461 ) CITY OF T I CARD CITIZEN COMMITTEE INTEREST APPLICATION NAME: MA-10aiR. 15t--►21 DATE: ADDRESS (RES.): /�,j'/� �u� CSE/r'Tt/�}/ �% 1�Y. RES. PHONE: ADDRESS (BUS.): /1'd-r� BUS. PHONE: LENGTH OF RESIDENCE IN TIGARD: : � '.' SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? 12(l r 4>>el �C��rj' c=i e-rery) ,2�Xe-4-,- EDUCATIONAL BACKGROUND: Pas(;eel 1(e4l Eslgfc Tes-f bj7 n�v:� �1�¢� ry4l 11 q //1 dms, �h bars t�lanrr�r�y I}, Sfz�e OCCUPATIONAL STATUS AND BACKGROUND: he e 7, )IQ 0. (' W t t z in D�� U f "y ��Y J 71 `'► I�} tC� �11Qh t -res4Ct14it St'4A- cc ` �.'tL�C- s-focI f.. to u J 1 uccl Gartii�IP i� !.�U�3 LLiiF� t W4�h yc Til�L� QNiQ4t ytc� -YyiFnib:Y W,116WIC11C' r]QUtA Q.4f'la"Nylnil HOW LANG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? �� rr PREVIOUS COMMUNITY ACTIVITY: _D t�-tcX �-1 `t ��%t � � +^�- . . I a� _•��j i` — c5� 1�o i��- 5r tri C .U,-,_. . ORGANIZATIONS AND OFFICES:] (I. vti 'tile'-fnas�L�� _�� 7".ZCs,C•-c�tt.[,; (y t,��Lt'.�z..� OTHER INFORMATION (GENERAL REMARKS): to A4 C,'-i�4r.,-ti ,'-V,' - 11td�-c. �iu tm �4'L�-c.�., (a,`t,ul uu. t*uft 2 tom,. �,,. t [u,• erica. �k�m�►•.s, Ci �" [� — 5'7 L- h1 BOARDS" COMMITTEES OR NPO INTERESTED IN: _1214-11's-- )}T�}7 J Jit Date Received at City Hall /r�ks- Date Interviewed 5- Date Appointed Board, Committee, or NPO /if � Qs��'lttapo Inside City Outside City (0346p) - RECEIVED CITY®F TWARD CITIZEN COMMITTEE INTEREST APPLICATION CITY OF TIGARD NAME: � V DATE ADDRESS (RES.): RES. P ONE: ADDRESS (BUS.): �— ` BUS. PHONE: LENGTH OF RESIDENCE IN TIGARD: /i. S SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? C,/jPQ-x G4Q e� ^- - EDUCATIONAL BACKGROUND: OCCUPATIONAL STATUS AND BACKGROUND: ,l r-2 C -gTjz HOW LANG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: 1 , J i -r ORGANIZATIONS AND OFFICES: ,e , sT / OTHER INFORMATION (GENERAL hEMARKS): BOARDS, COMMITTEES OR NPO INTERESTED IN: s C ve P t' --------- ------ ----------------------------------- ---- ------------------------ - Date Received at City HallQr y fys Date Interviewed Date Appointed Board, Committee, or NPO 1 VC ICA Inside City Outside City (0346p) CITY OF TIGARD, OREGON ' COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 11-25-85 AGENDA ITEM DATE SUBMITTED: 11-18-85 PREVIOUS ACTION: Acceptance of Street ISSUE/AGENDA TITLE: Acceptance of Dedication Compliance Agreement �'''� Bethany Associates, Ltd. Street PREPARED BY: Randy Clarno F--- Dedication—SW North Dakota Street REQUESTED BY: Enainpprina Division DEPARTMENT HEAD OK: u'�- - CITY ADMINISTRATOR: POLICY ISSUE — INFORMATION SUMMARY This Street Dedication is part two of a two part dedication process that Bethany Associates originally requested, Bethany Associates and S 6 J Builders are the developers of the Meadow Creek Apartments including the dedication and improvement of SW North Dakota Street. The Meadow Creek development is located just south and west of the Greenway Town Center on SW Scholls Ferry Road. ALTERNATIVES CONSIDERED SUGGESTED ACTION fi Engineering recommends that Council accept this street dedication and direct the City Recorder to record all documents with Washington County. (RSC:bs/2150P) ECEIVIED I9DIVIDUAL-GENERAL PARTNERSHIP `,O 13 1985 STREET DEDICATION OF r� U KNOW ALL NEN BY THESE PRESENTS, that Bethany Associates, Ltd. do hereby dedicate to the Public a perpetual right-of-way for street, road and utility purposes on, over, across, under, along and within the following described real property in Washington County. Oregon: See Attached Legal Description To have and to hold the above-described and dedicated rights unto the Public forever for the uses and purposes hereinabove stated. The grantor(s) hereby covenants that they are the owner(*) in fee simple and the property is free of all liens and encumbrances. they have good and legal right to grant the rights above-described. and they will pay all taxes and assessments due and owing on the property. The amount paid for this dedication is 3 0.00 , IN W TNESS WHEREOF, the grantor(*) has (have) hereunto sot his (her) (their) hand(!) 4 sal(*) this jf/ day of AL-. Wit+.. . 19 lam. (SEAL) (SEAL) (SEAL) (SLAC) STATE OF OREGON ) ss. COUNTY Of VASHINMN) November 11 . 1985 Personally appeared the above named ROBERT G. JOHNSON who executed th+s instrument and each of these acknowledged to me that. this natrument was executed voluntarily and treaty. Nota y Public for Oregon Hy Commission expiross 11-7-86 ACCEPTANCE Approved as to form this day of 'J Ey s Actor y City ot T gard Approved as to legal description this .� day of . 19,R!;' Y Cil-44a4t _91ty-09 T gas S 9rs.r ��.^' Accepted by the City Council-this 2slkday of �j8rr . 1V0.'.D x. ITY CIL CITY Of T . OREGON a C ty oeordar - C ty o 2 gard (1704A) (7-84) 'e r 'Westlake consultants Inc. 7145 S.W. Varns Rd. Tigard, Oregon 97223 ® 503-684-0652 Bethany Associates, Ltd. Meadow Creek Street Dedication for Entry Road November 4, 1985 LEGAL DESCRIPTION A tract of land situated in the N.S. 1/'4, Section 33, T.1S., R.1W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as followsa Beginning at the northwest corner of that tract of land conveyed to American Guaranty Life Insurance Company, recorded in Fee No, 84-003060, Parcel III, Washington County deed records, said point also being on the e'outh right-of-way line of S.W. Scholls Ferry Rd., (C.R. 348) 1 thence, North 78041149" East, along the south right-of-way Line of said S.W. Scholls Ferry Rd., 12.23 feet to the northeast corner of said American Guaranty Life Insurance tracts thence, South 0010148" East, along the east line of said American Guaranty Life Insurance tract, 187.56 feet to a points thence, North 12002123* West, 58.39 feet to a point on the west line of said American Guaranty Life Insurance tract] s thence, Forth 0010148" West, along the west line of said American 3 Guaranty Life Insurance tract, 128.06 feet to the point of beginning. 's ENGINEERING / SURVEYING / PLANNING I sx.2`f i •. 8y• '.ee � a r P 74 °• o' In m • 9. /Zi iy ! B � 1 •w p t 7D v` 2 I ? r e► 1� •.j I I � N ly. � .. ka milli ! i 1 1 1 Z I + + i i 1 i •' 1 � � 1 1 tris J t + s. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ` (— AGENDA OF: 11-25-85 AGENDA ITEM DATE SUBMITTED: 11-18-85 PREVIOUS ACTION: Acceptance of Sewer ISSUE/AGENDA TITLE: Acceptance of Compliance Agreements Hayden Corp. permanent sanitary and PREPARED BY: Randy Clarno .01 storm sewer easements. REQUESTED BY: Engineering Division DEPARTMENT HEAD OK: �.� ` CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Hayden Corporation is developing property between Summerfield Drive and Naeve Street off SW 114th Court. Conditions of approval included the construction of public sanitary and store, drain lines with public easement being granted. Attached are the necessary easement documents for your review. ALTERNATIVES CONSIDERED SUGGESTED ACTION Engineering recownends that Council accept these easements and direct the City Recorder to have all documents recorded with Washington County. (RSC:bs/2150P) CORPORATION PERMANENT SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT HAYOEN CORPORATION. a Oelaware corporation hereinafter called the Grantors, in consideration for the sum of One and No/100 dollars ($ 1.00 ) from the City of Tigard, hereinafter called Grantee, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting and repairing of an underground sewer line and appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees and other obstructions on the following described parcel of land. situated in the City of Tigard, Washington County, State of Oregon: IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion thereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the rights of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors, their successors and assigns in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors and ss:agns forever. IN WITNESS WHEREOF. the undersigned corporation has caused this easement to be executed by its duly authorized, undersigned officers acting pursuant to resolution of its Board of Directors. HAYOEN CORPORATION Name of_geT�ltr3on Corporate Seal President -Les Buell STATE OF OREGON ) BY: M1tnomah ) as. Asst. Secretary - at omme County of W«svBtKs"M ) Personally appeared Les Buell and Pat Oomine who. eac being first duly sworn, did say that the former is the _ president and that the latter is theAssistant secretary ofHAYOEN CORPORATION , a corporation, an tat the sea a fixed to the foregoing instrument is the corporate sesl of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and each of them acknowledged said instrusoot to be its voluntary act and deed. Notary Public for Oregon (NOTARIAL SEAL) My Comission Expires: 8/25/88 Approved as to fore this day of 1_19 IL ByFAL L City Attorney �Gity or Tigard w,xlIn ��,f' Approved as to legal description this day of 1 By i x! it see-�- C ty•7a °' City of Tigard Approved this -y;__ day of CITY COp�.%CIL, CITY OF TIGARD, OREGON ity Recorder - City of Tigard STORM AND SAMITARY SEWER EASEMENTS An easement for storm sewer and sanitary sewer purposes over and across a parcel of land being a portion of Lots 12, and 13 Willow Brook Farm lying ( in the Southeast quarter of Section 10, Township 2 South. Range i West, Willamette Meridian, Washington County. Oregon described as follows. Beginning at an iron pipe monument at the southwest corner of said Lot 12, which is also the initial point of "Fountains at Summerfield Condominiums Phase 1"; thence North 00 06' 14" West along the west line of said Lot 12, 250.22 feet to the true point of beginning; thence North 00 06' 14" West along the west line of said Lot 12, 709.65 feet to the southerly line of S.W. Naeve Street; thence South 63° 05' 48" East along said southerly line 16.84 feet to a point which is 15.00 feet East (when measured at right angles) of the west line of said Lot 12; thence South 00 06' 14" East parallel to and 15.00 feet from the west line of said Lot 121533.04 feet; thence North 870 36' 12" East 196.76 feet; thence North 0° 05' 54" West 285.17 feet; thence North 150 17' 58" West 79.16 feet; thence North 260 54' 12" East 65.90 feet to the southerly line of S.W. Naeve Street; thence South 63° 05' 48" East 15.00 feet; thence South 26° 54' 12" West 60.11 feet, thence South 15° 17' 58" East 75.37 feet; thence South 0° 05' 54" East 132.43 feet, thence North 890 54' 06" East 136.08 feet; thence South 0° 05' 54" East 15.00 feet; thence South 890 54' 06" West 125.00 feet; thence South 00 05' 64" East 147.26 feet; thence South 110 31' 36" West 183.68 feet; thence East 340.48 feet; thence South 570 51' 55" East 110.30 feet; thence North 11° 56' 10" East 109.60 feet; thence Northeasterly on the are of a 88.00 foot radius curve to the left having a central angle of 24° 33' 28". the chord of which bears North 890 26' 47" East 37.43 feet. an arc length of 37.72 feet to a point on the westerly boundary of the plat of "Summerfield No. 14" which is North 12' 50' 00" West 37.00 feet from the northwest corner of Lot 704 summtfield No. 14; thence South 12° 50' 00" East 24.00 feet; thence southwesterly on the arc of a 112.00 foot radius curve to the right having a central angle 18° 10' 37", the chord of which bears South 86° 15' 19" West 35.38 feet, an arc length of 35.53 feet; thence South 110 56' 10 West 106.94 feet to the northerly line of the parcel of land conveyed to Farwest Associates Summerfield described as Parcel III in Recorders fee No. 85034702. Washington County Deed Records; thence North 570 51' 55" West 115.45 feet to an angle point in said northerly line; thence. continuing along said northerly line, West 345.50 feet; thence South 80.79 feet to the right-of-way line of SW 114th; thence Westerly on the arc of a 36.00 foot radius curve to the left. having a central angle of 44° 54' 03% the chord of which bears South 710 32' 06" West 27.50 feet, an arc length of 28.21 feet; thence North 120.04 feet; thence South 89. 54' 06" :S West 173.22 feet to the point of beginning. EXCEPT therefrom: Beginning t the southwest corner of said Lot 12, which is at an iron pipe monument a also the initial point of "Fountains at Summerfield Condominiums Phase 1"; thence North 0° O6' 14" West along the west line of said Lot 12, 265.21 oint of feet; thence North 89° 54' 06" East 15.00 feet feet;ethencetruepNorth 87° 36' beginning; thence North 00 06' 14" W est 12" East 196.76 feet; thence South 0* 05' 54"West 06"es .37 feet; 160.00 enceete South 150 07' 21" West 139. 5 feet; thence to the point of beginning. 17703/45 soa eo WO be •cut sw�tcr 1 \ \ •�cls� w e IN,of I •: ` s � � o i S g•� S� ' �i a 8 tw.N ii �C I w w•aa•n•a N W."to's I W. IS 9 r a' 4 _ I �• cR a I =� = i as 41 !«•N•«•. ss 1 i N•N'N°t �+ ' s1i.w � � iii •4. ig i •_44:11144464 ! • a so w•N••••t 96.00 It • !w'N't••• w.tt oo I • • /f'w•N•t f•.N 7 •N•«•N't tf.p r }� i w ta•N'Ut .N a * • •to-40..:t t N Y SM LOFWA LOT 12 WILLOW DFAM FARM mew PAD" SLIM awe w aw7e •re 1 / N.N •••w rr w w•N M•f 67.48 ry to C:I • Nf.N /M M'p` • t••t•w r.w w.N • w.N H•••'N• •//•www .08 w.ft ► !. • !•7.» •' t S' as t0»0.90.00°�ww 14.4848•48': set 0% in 00» r•N«•aN00=. 481 w.tNi t»w...rrw i • t•.N w•N•w• •00' N•U••f•w484•: fQ.t•• r.•7 r.•7 a \ • •48.48 11•=' • /!4 1.1.48 \1` f 1 ' OQ13 l � �v� AAs � yJ��Qti CITY OF TSSAAO EASEMENTS } g CORPORATION PERMANENT STORM DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT HAYOE111 CORPORATION. aO 'aware corporation hereinafter called the Grantors, in consideration for the sum of One and No"'00 dollars ($ 1.00 ) from the City of Tigard, hereinafter called Grantee, grant and convey unto the City. of Tigard a perpetual easement for constructing, reconstructing, operating, 'maintaining, inspecting and repairing of an underground storm draipage line and appurtenances, together with the right to remove, as necessary, vegetation, foliage, tree& and other obstructions on the following described Oarcel of land, situated in the City of Tigard, Washington County, State of Oregon: IT IS EXPRESSLY UNDERSTOGD that this easement does not convey any right, title or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion thereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee. its successors or assigns should cause said easement to be vacated, the rights of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors, their successors and assigns in the cast of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee. its successors and assigns forever. IN WITNESS WHEREOF, the undersigned corporation has caused this easement to be executed by its duly authorised, undersigned officers acting pursuant to resolution of its Board of Directors. HAY N CORPORATION Name Eo Corp t an Corporate Seal By. President -Les Buell STATE OF OREGON ) By: Multnomah ) so. Asst. Secretary -Pat Mornine County of V"K1-bVlAX ) Personally appeared Les Buell and Pat Dourine v o, sac being first duly sworn. di say t t t e orasr la c spresident and that the latter is the Assistant secretary ofHAYDEN CORPORATION . a corporation. an that the sea a xe to the foregoing instrument is t s corporate anal of said corporation and that said in,trusent was signed and sealed in behalf of' said corporation by authority of its board of directors= and each of thes acknowledged said instrusent to be its voluntary act and deed. ,�.. Notary Pu ie or Oregon (NOTARIAL SEAL) My Comiasion Expires: 8/25/88 Approved as to form this day of In amu: U`, . 19 By City Attorney City of Tigard Approved as to legal description this -�� day of �?/.;•'r�� . 14 By: c Ic if• c .t. CityBeginsior - City of Tigard day of f Approved this 7 ` .�=c.,i,�. i. . 19 CITY COUNCIL, CITY OF TIGARD -City Recorder - City of Tigard 1 STORK AND SANITARY SEWER EASEMENTS �e An easement for storm sewer and sanitary sewer purposes over and across a parcel of land being a portion of Lots 12, and 13 Willow Brook Farm lying in the Southeast quarter of Section 10. Township 2 South, Range l West, ti. Willamette Meridian. Washington County. Oregon described as follows. Beginning at an iron pipe monument at the southwest corner of said Lot 12, which is also the initial point of "Fountains at Summerfield Condominiums Phase I"; thence North 0' 06' 14" West along the west line of said Lot 12. 250.22 feet to the true point of beginning; thence North 0' 06' 14" West -along the west line of said Lot 12, 709.65 feet to the southerly line of S.W. Naeve Street; thence South 63' 05' 48" East along said southerly line 16.84 feet to a point which is 15.00 feet East (when measured at right angles) of the west line of said Lot 12; thence South 0' 06' 14" East parallel to and 15.00 feet from the west line of said Lot 12533.04 feet; thence North 87' 36' 12" East 196.76 feet; thence North 0' 05' 54" West 285.17 feet; thence North 15' 17' S8' West 79.16 feet; thence North 26' 54' 12" East 65.90 feet to the southerly line of S.W. Naeve Street; thence South 63. 05' 48" East 15.00 feet; thence South 26' 54' 12" West 60*11 feet, thence South 15. 17' $8" East 75.37 feet; thence South 0' 05' 54" East 132.43 feet; thence North 89. 54' 06" East 136.08 feet; thence South 0' 05' 54" East 15.00 feet; thence South 89' S4' O6" West 125.00 feet; thence South 0. 05' 54" East 147.26 feet; thence South 11' 31' 36" West 183.68 feet; thence East 340.48 'tot; thence South 51. 51' S5" East 110.30 feet; thence North 11' 56' 10" East 109.60 feet. thence Northeasterly on the arc of a 88.00 foot radius curve to the left having a central angle of 24' 33' 28% the chord of which bears North Bq--26' 47" East 37.43 feet, an arc length of 37.72 feet to a point on the westerly boundary of the plat of "Summerfield No. 14' which is North 12. 50' 00' West 37.00 feet from the northwest corner of Lot 704 Summerfield No. 14; thence South 12' 60' 00" East 24.00 feet; thence Southwesterly on the arc of a 112.00 foot radius curve to the right having a central angle 18' 10' 370, the chord of which bears South 86' 15' 19' West 35.38 feet, an arc length of 35.53 feet; thence South 110 S6' 10 West 106.94 feet i;o the northerly line of the parcel of land conveyed to Farwest Associates Summerfield describe" as Parcel III in Recorders fee No. 85034702. Washington county Deed Records; thence North 57. 51' 55' West 115.45 feet to an angle point in said northerly line; thence, continuing along said northerly line. West 345.50 feet; thence South 80.79 feet to the right-of-way line of SW 114th; thence ;. Westerly on the arc of a 36.00 foot radius curve to the left, having a central angle of 44. 54' 03', the chord of which bears South 71' 32' 06" West 27.50 feet, an arc length of 28.21 feet; thence North 120.04 feet; thence South 89' 64' 06" West 173.22 feet to the point of beginning. EXCEPT therefrom: Beginning at an iron pipe monument at the southwest corner of said Lot 12, which is also the initial point of "Fountains at Summerfield Condominiums Phase 1"; thence North V 06' 14" West along the west line of said Lot 12. 265.21 feet; thence North 89° 54' 06' East 15.00 feet to the true point of beginning; thence North 0° 06' 14" West 138.95 feet; thence North 87° 36' 12" East 196.76 feet; thence South 0. 05' 64" West 12.37 feet; thence South 15. 07' 21" West 139.15 feet; thence South 890 54' 06" West 160.00 feet to the point of beginning. 77703!45 - t • ' IRMA a�/•e* �s p Z I M w'M•N•l �� tY.N I a Y'Y'•t•• =w a w•♦s•st•• 9 a w'M•tL'. L.... �.� .� sYss �: s o i•w•w"t pi.i 1� •i �.w N� tsar itr.. OWN= . .i•w•f••• ti..♦ • a Y•M•tM• WAS _ . •i•Y•�•• 4 .M 00 f ♦ .i'M't/•a 4.06 tw••*a•:w"sea M..M• :4,0 •Y•.Ma t•..7 ica = 1 sm C01" LOT It � �» MILS 010 eP100M� FA4i1 I auras taiw OLU Imw o maw trsrw*. ww .• iw .MNww•wiY i.. M•M• i 7. ww.w a•.aYt•Nw Wlwd••a 7••Y•66w •.fa i.M A e i7.7. i•.wrowt•w• a N•M'Y'a o t.M W.i r ` • as.w wM •r aa•w•w•r _ \!\`C_!. i• 09a x4wtia.wa 0629 Y'M•iMrs" i.w i.•f • it•,N t7'i•ai• i fa'tt•tthl wl.w M.M ! NVQ F CITY OF* TIGARO EASEMENTS CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: NOVEMBER 25, 1985 AGENDA ITEM #: DATE SUBMITTED: November 18,_ 1985 PREVIOUS ACTION: n/a ISSUE/AGENDA TITLE: REQUEST CHANGE FROM ODS DENTAL COVERAGE TO LOC-BLUE PREPARED BY: J. Widner CROSS PLAN IT DENTAL COVERAGE REQUESTED BY: _ B. Jean DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE The City has been with Oregon Dental Service since 1980. It wasn't until this year that the ODS plan cost more than the League of Oregon Cities dental plans. Should the City pay more for the same coverage? - � ~ -WINFORMATION SUMMARY When our policy renewal came up in August, the ODS plan premiums went to the following amounts: Single $12.96, Employee + 1 dependent $22.37 and Family $38.87. The League of Oregon Cities offers three dental plans through Blue Cross. The plan with the same benefits as the City currently has with ODS is Plan II and the premiums are: Single $11.90, Employee + 1 dependent $20.30 and Family $35.40. In addition, the administrative restrictions of ODS have become onerous and doesn't allow flexibility with employee options. A change in plan providers will not affect the current coverage of the employees. The expected savings would be approximately $2200.00 per year. ALTERNATIVES CONSIDERED 1. No change. 2. Change to LOC Blue Cross Plan II. SUGGESTED ACTION I recommend City Council change dental plan carriers from ODS to LOC-Blue Cross Plan IT, effective January 1, 1986. LCDC GRANT NUMBER M-85173 STATE OF OREGON DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT COMPREHENSIVE PLAN MAINTENANCE GRANT AGREEMENT A. By this agreement dated November 8, 1985 e the Director of the Department of Land Conservation and Development, act ng a f of the Land Conservation and Development Commission, agrees to provide funding for comprehensive plan maintenance activities for the period beginning no earlier than July 1, 1985 and ending not later than April 30, 1987: 1. Grantee Name: City of Tigard 2. 1985-87 Maintenance Grant Amount: $ 7,662.00 3. Local Funds to be spent = 3,719.00 4. Total Plan Maintenance Pro3ect $ 11,381.00 B. The Grantee in consideration of the grant amount, agrees to perform comprehensive plan maintenance activities and agrees to the standard and special conditions of this agreement. Grantee's application work Program is incorporated herein by this reference. C. If not accepted and returned to the Department of Land fundinevesopment Development December 6, 1985 , this agreement t provide ro ide maintenanc D. Grantee data (to be completed by Grantee upon acceptance): Elizabeth A. Newton city of Tigard on aC erson P.O. Box 23397, Tigard, OR 97223 639-4171 a ng reSS Tel ep one um r - - - - - - - - - - - - - - - - - - For the Department of Land Authorized signature and title servation and D lopment for the Grantee: 0 aures . OSS, C r Robert Jean, City Administrator ember 8 1985 r me Nam an e November 13, 1985 ae a (See Reverse for Standard and Special Conditions) c:- ,g DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT COMPREHENSIVE PLAN MAINTENANCE AGREEMENT CONDITIONS A. Eligible Activities 1. The grant funds received by Grantee pursuant to this grant agreement shall be expended only to accomplish and carry out the activities appropriate to maintenance grants as described below. I, a. Review and amend comprehensive plans and ordinances based upon plan review and update cycles required by Goal 2. This includes plan and ordinance amendments resulting from land use as a single change affecting a large area of jurisdiction. Cities with less than 5,000 people (and counties with an unincorporated population of less than 5,000) may also use the funds for administering actions including zone changes, conditional uses, variances, permits and similar ministerial and quasi-judicial actions; b. Support citizen and agency involvement programs; c. Sponsor and carry out special public workshops and technical training programs on land use; and d. Keep maps and inventory data current. e. County Coordination programs. B. Standard Conditions 1. A report of work performed as a result of this grant during the grant period shall be submitted by the grantee to DLCO as requested and within 45 days after termination of the grant period. Eligibility for subsequent comprehensive plan maintenance funding is contingent upon receipt of such reporting by the Department of Land Conservation and Development. 2. Standard accepted accounting and fiscal records will be maintained by Grantee of the receipt and expenditure of funds pursuant to this grant agreement. Grant accounting records will be separately maintained from other accounting records. 3. The Attorney General of the State of Oregon and the Director of the Department of Land Conservation and Development (DLCD) or any other duly authorized representative, shall have access to and the right to examine any pertinent books documents, papers, and records of transactions related to this agreement for tAree years after the final report is submitted. During the grant period, reports on work activities will be furnished promptly to the Director of DLCD if requested. 4. If Grantee shall fail to comply with any of the requirements or conditions of this agreement, the LCDC may, in its sole discretion and without incurring liability therefore, refuse to perform further pursuant to this agreement, except that LCDC shall make further disbursement to Grantee necessary to pay for services accrued, but not paid prior to the date of such refusal. Grantee shall upon demand by LCDC promptly repay LCDC any unobligated funds. S. Post acknowledgment plan and land use regulation amendments will be processed through DLCD on standard forms available from the Department. 6. If additional planning tasks were adopted by the Land Conservation and Development Commission at the time of acknowledgment, these tasks must receive highest priority, for the expnditure of these funds. This requirement can be waived in writing by the DLCD. KB/0213H/173C awaimn CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 11-18-85 AGENDA ITEM ##: DATE SUBMITTED: 11-14-85 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Acceptance of Anctil/Cherry street dedication and PREPARED BY: Randy Clarno non-remonstrance agreements REQUESTED BY: Engineering Division DEPARTMENT HEAD OK: � CITY ADMINISTRATOR: POLICY ISSUE �� --�- INFORMATION SUMMARY Jim Cherry and Paul Anctil are partitioning land on S.W. 81st Avenue just south of S.W. Ross Street. Conditions of approval include execution of a street dedication on S.W. 81st Ave. and non-remonstrance agreements for future -- street and sanitary sewer improvements. These executed documents are attached for your review. ALTERNATIVES CONSIDERED SUGGESTED ACTION Engineering recommends that Council accept these non-remonstrance agreements and the street dedication and dirQct the City Recorder to have all document recorded with Washington County. 2141P/dmj f j INDIVIDUALi ERAL PARTNERSHIP CONSENT COVENANT (NONREHONSTRANCE AGREEMENT) Street Improvements The undersowners (including purchasers) of the real property described below do- record their consent to the formation of a local improvement distrlct bCity of Tigard for the purposes of improving the public street or streets which the described property abuts. The undersigned expressly waive allent and future rights to oppose or remonstrate against the formationlocal improvement district for the improvement ofthe abutting street orets, reserving only the right to contest eeedin a andc any on ofparticulat items in the improvement district p 8ht they may under the laws of the State of Oregon to contest the proposed assessmenula.The real rty that is the subject of this consent covenant is described as follows: SEE ATTACKED EXHIBIT "A" IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his (her) (their) hand(s) and seal($) this - _ day of 19 . �r (SEAL) t (SEAL)!. (SEAL) STATE OF OREGON ) ss. County of Washington ) BE IT REMEMBERED, that on this day of _1 (t_t! 19 before me, the undersigned Notary Put c in an for the Sate of Oregon, personally appeared the within-named v o Lr•(sre) known to ma to be the identical individual(s) described in and who exe-tuted the within instrument and acknowledged to me that he (As) (they) executed the same freely and voluntarily. v—s IN TESTIMONY, WHEREOF. I have figreunto set my hand and seal this day of --A `,"f LA--' 19 dS Notary Y i or Oregon (NOTARIAL SEAL) My Commission.Expires: Approved as to form this day of ��'! /1' _,_, -19 By: City Attorney - City of Tigard ��rh Approved as to legal description this day of ^��rT'�r _. 19 • .{ �, i i • By: hi. City i&*&neer —City Of T gard ' 1•rvt�i ,. Approved this _doy of +y3r I r A" L 19 CITY COUNCIL. CITY OF TIGARD. OREGON City Recorder - City of ?!gard (0206S) LAYNE CASWELL SURVEYOR, INC. REGISTERED LAND SURVEYOR Oregon — Washington — Idaho 6120 S.W. Lombard Avenue Beaverton. Oregon 97u0' Telephone 503 / 644-3179 November 7, 1435 Job No. 3923 BOUNDARY DESCRIPTION FOR PARCEL "A" Beginning at a 5/8 inch iron rebar on the South line of Lot 6, "Good Acres" a subdivision of record in the Northwest quarter, of the Southwest quarter of Section 12, Township (2) South, Range (1 ) West, Washington County, Oregon, said iron rebar bears N 890 371 51" E 5.00 feet from the Southwest corner of Lot 6; thence N 00 301 30" E, parallel with and 5 feet easterly from (when measured at right angles) the West line of Lot 6, 140.00 feet to a 5/8 inch iron rebar; thence N 890 361 48" E, parallel with the North line of Lot 6, 175.00 feet to a 5/8 inch iron rebar; thence S 00 301 3011 W 140.05 feet to a 5/8 inch iron rebar on the South line of Lot 6; thence S 890 371 51" W 175.00 feet to the point of beginning. Containing 0.562 acres. All bearings and distances are based on a survey made by Walter L. Caswell , PLS 737, dated November 4, 1985. s E?i1:ttc' i:ti tilil?\ -i Y% • SUBDIVISIONS_ • TEPT1l;IG.11'Itii: 1••lI'I'INIi • '�N':1•ttt:Tlf`tJ 7 :nt its1 LAYNE CASWELL SURVEYOR, INC. REGISTERED LAND SURVEYOR Oregon — Washington — Idaho 6120 S.W Lombard A enue Beaverton, Oregon 97005 Telephone 503 644.3179 November 7, 1985 Job No. 3923 BOUNDARY DESCRI PT I OPJ FOR PARCEL "B" Beginning at a 5/8 inch rebar on the South line of Lot 6, "Good Acres" a subdivision of record in the Northwest quarter of the Southwest quarter of Section 12, Township (2) South, Range ( 1 ) West, Willamette Meridian, Washington County, Oregon, said iron rebar bears N 890 371 51" E 180.00 feet from the Southwest corner of Lot 6; thence N 00 30' 3011 E 140.05 feet to a 5/8 inch iron rebar; thence S 890 36' 48" W, parallel with the Nor-in line of Lot 6, 175.00 feet to a 5/8 inch iron rebar which is 5.00 feet easterly from (when measured at right angles) the West line of Lot 6; thence N 00 30' 30" E, parallel with said West line, 25.02 feet to a 5/5 inch iron rebar on the North line of Lot 6; thence N 690 36' 48" E 330.56 feet to a 5/8 inch iron rebar at the Northeast corner of Lot 6; thence S 00 291 18" W 165. 12 feet to a 5/8 inch iron rebar at the Southeast corner of Lot 6; thence S 890 37' 51" W 150.91 feet to the point of beginning. Containing 0.672 acres. All bearings and distances are based 0n a survey made by Walter L. Caswell , PLS 737, dated November 4, 1985. l OUNLIdlt! St;I44E\S • SUKDIVIF -v 2: • 10iOGHAI'Mi.' MAI'VINl: • t.•. :v:.li�: 'It :�J _`''I i�•w r F _ S• ,a N JCC T 4 �Y«LYS sJ,`• � �r �• �; F€ s s RBi. a•8= y 7a t� w �� 3f a ..� s ay �• a.R •-fti �� Tx i J• lie i♦ xi u J6 ♦.�� CJS T w �♦'ref� �: w �+ `t ^', V 100 .•\ �1 �y - ' i. w nnn ••�„ O - ^ �� :,p; :.ter, ` J .C).v� r!V1�I tV'Vv9 I Of GY'.YA;•JC . - J LY''4... diJ/J ♦.. 1•.'/R r�2 O P•f� •+. • fwr♦ .• (� him i 1e. �r I*•,• OHO Owh` Y`f> >: 3 INDIVIDUAL - GENERAL PARTNERSHIP CONSENT COVENANT (NONREMONSTRANCE AGREEMENT) Sanitary Sewer 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 providing public sanitary sewer service that allows the below described property to connect to. The undersigned expressly waive all present and future rights to oppose or remonstrate against the formation of a local improvement district for sanitary sewer improvements, 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. 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 day of /. 19 (SEAL) L�.LL L , &j (fSEAL) (SEAL) (SEAL) STATE OF OREGON ) as. County of Washington ) BE IT REMEMBERED, that on this day of i 9✓e n. l . 19 S, before me. the undersigned Notary Public—,An and f the state i Oregon, personally appeared the within-named CZ t! /^ who is (are) known to me to be the identic1v YN al individuals) described in and who executed the within instrument and acknowledged to me that he (daa (they) executed the same freely and voluntarily. n _, 1N;6TIMONY WHEREOF, I have hpieunto se't my hand and seal this 3 day of 19 div Vo—t&6 Pu is for Oregon (NOTARIAL SEAL) My Commission Expires: Approved as to form this - day of City Attorney City of Tigard Approved as to legal description this ! day of By: Cityr'-z*&4w%*r - City of Tigard :-t2L_L Approved this day of CITY COUNCIL, CITY OF TIGARD, OREGON r 1 By- -/City Recorder - City of Tigard (02065) l ( LAYNE CASWELL SURVEYOR, INC. REGISTERED LAND SURVEYOR Oregon - Washington - Idaho 6120 S.W Lombard Avenue Beaverton. Oregon 97005 Telephone 503 F;:4 ;179 November- 7, 1985 Job No. 3423 BOUNDARY DESCRIPTION FOR PARCEL "A" Beginning at a 5/8 inch iron rebar on the South line of Lot 6, "Good Acres" a subdivision of record in the Northwest quarter, of the Southwest quarter of Section 12, Township (2) South, Range (1 ) west, Washington County, Oregon, said iron rebar bears N 890 371 51" E 5.00 feet from the Southwest corner of Lot 6; thence N 00 30' 30" E, parallel with and 5 feet easterly from (when measured at right angles) the West l line of Lot 6, 140.00 feet to a 5/8 inch iron rebar; thence N 890 36' 48" E, parallel with the North line of Lot 6, 175.00 feet to a 5/8 inch iron rebar; thence S 00 30' 30" W 140.05 feet to a 5/8 inch iron rebar on the South line of Lot 6; thence S 890 37' 51" W 175.00 feet to the point of beginning. Containing 0.562 acres. All bearings and distances are based on a survey made by Walter L. Caswell , PLS 737, dated November 4, 1985. y .` 0Af, St!ii`. C`15 JliUIYI�ntNti. ill'tlCiH:\i'HIl: A7.\1`I'INti i .l.:i- la':i . I. -�-NO LAYNE CASWELL SURVEYOR, INC. REGISTERED LAND SURVEYOR Oregon - Washington - Idaho 6120 S.W. Lombard Avenue Beaverton. Oregon 97005 Telephone 503 ,' 644 317�J November 7, 1985 Job No. 3923 1. . BOUNDARY DESCRIPTION FOR PARCEL "B" Beginning at a 5/8 inch rebar on the South line of Lot 6, "Good Acres" a subdivision of record in the Northwest quarter of the Southwest quarter of Section 12, Township (2) South, Range (1) West, Willamette Meridian, Washington County, Oregon, said iron rebar bears N 890 37' 51" E 180.00 feet from the Southwest corner of Lot 6; thence N 00 30' 30" E 140.05 feet to a 5/8 inch iron rebar; thence S 890 361 48" W, parallel with the North line of Lot 6, 175.00 feet to a 5/8 inch iron rebar which is 5.00 feet easterly from (when measured at right angles) the West line of Lot 6; thence N 00 30' 3011 E, parallel with said West line, 25.02 feet to a 5/8 inch iron rebar on the North line of Lot 6; thence N 890 36' 48" E 330.86 feet to a 5/8 inch iron rebar at the Northeast corner of Lot 6; thence S 00 291 18" W 165. 12 feet to a 5/8 inch iron rebar at the Southeast corner of Lot 6; thence S 890 371 51t1 W 150.91 feet to the point of beginning. Containing 0.672 acres. All bearings and distances are based on a survey made by Walter L. Caswell , PLS 737, dated November 4, 1985. `.. �fiUUtJt>->it1 5UH4sl`5 • SL!dU14tti!JNS •. Tl)1`UVliAP111C hIAI-IUNG 111 r � �; �� : •� 4 it ayC��vj4°« will It A H2 i '• 2 ♦ rlt'�:' of .a•^r � `O P M [ C CVV.n�♦ � nC � ��. _ 1 0 1 a p♦ �' 220 �eo; �2 $' R tii� t?� :\ 0 J .r .Oti,o` - !w9l I r0 Oe9 1.of'Ol.c•A'. iX J9^ 7 "a'h.. J'.•JK �.. i•r lf.• /: O _2O r•1• _ +G ' yv. .. lY v .• K — �061i © h ^I••tf. J� �n to O^ nq to d) c. .. i Q• O O O`�O �•fl�` IINDIVIDUAL-GENERAL PARTNERSHIP STREEI DEDah�H� �flCrh�/ KNOW ALL KEN BY THESE PRESENTS, that < �C�1> Asyclalc C r do hereby dedicate to the Public a perpetual right-of-way for street road and utility purposes on, over. across, under, along and within the following described real pJroperty in Washington,County, Oregon: CL •�--�-'�� . ��-`'.cTl�.� ` �ca.«-,<1+~K- �f.� L"�..- �--1t"� L,v �.�t.,ci��' �- 14 To have and to hold the ab -described and delated ria unto the Public tore ver for the usef and purposes hereinabove stated. The grantor(s) hereby covenants that they are the owner(s) in fee simple and the property is free of all liens and encumbrances. they have good and legal right to grant the rights above-described, and they will pay all taxes and assessments due and owing on the property. The amount paid for this dedication is $ IN WITNESS WHEREOF, the grantor(s) has (have) hereunto sat his (her) (their) hand(•) and seal(&) this day of . 19 (SEAL) - (SEAL) (SEAL) (SEAL) STATE OF OREGON } as. COUNTY OF WASHINGTON) . 19 Personally appeared the above named AJ,-- who til who executed this instrument and each of them acknowledged to me that. th • instrumenE was executed voluntarily and freely. i Not is for Oregon My Counission."P3Tast. _ ACCEPTANCE Approved as to form this day of ( '' 't 19 By: L I City Attorney -'City o Tigard Approved as to legal description this qday oflet'!3l/!-!i— 19T City 4ne4ealilli - City of Tigard .4'l l:ul♦C�i ' Accepted by the City Council this ria: day of r. w L4-. . 19� CITY COU CIL, CITY OF IG CITY /1 By: Lty Recorder City of Tigard (1704A) (7-84) 1 [ ]Ruoff STATE OF OREGON ) County ofl� �i;•' ) day of On the �l� 19: v personally appeared — � -_ � .��"�� — before me the above-named who dad execute the foregoing in my presence and rackn ledged the same to be his/her voluntary act and deed. DATED this �� d, day of �i�r�L�� -�--. 19 6 � No y lic for Oregon (NOTARIAL SEAL) My Commission expires: [ ] ATE OF OREGON ) ss. Count of ) On the day of 19 , personally appeared before me th above-named ' knowledged the same to who did execut the foregoing in my presence and ac be his/her volunry act and deed. DATED this da of 19 \� Notary Public for Oregon (NOTARIAL SEAL) \� My Commission expires: [ ] STATE OF OREGON ) \ ss. \ County of ) On the diky• 'of 19 personally appeared before me the abdve-named —' who did execute the foregoing in my presence and ackn awledged the same to be his/her luntary act and deed. DATED th's day of 19 Notary Public for Oregon .:. (NOTARIAL SEAL) My Commission expires: _ LAYNE CASWELL SURVEYOR, INC. REGISTERED LAND SURVEYOR Oregon — Washington — Idaho 6120 S.W. Lombard Avenue Beaverton, Oregon 97005 Telephone 503 / G44-3179 November 7, 1985 Job No. 3923 DEDICATION DESCRIPTION FOR LOT 6 GOOD ACRES The West (5) five feet of Lot 6 "Good Acres" in the Northwest quarter of the Southwest quarter of Section 12, Township (2) South, Range ( 1 ) West, Willamette Meridian, Washington County, Oregon. 'a r .' BOUNDARY SURVEYS • SUBDIVISIONS • TOPOGRAPHIC MAPPING CONSTHUCTION SI'AKC. OUI k r I'll- !� { � fy LAN y l Q �y • •J ` •100 i 411— n e I.Of ri.0�✓ - N^•N i to'Otl'� 1.Of'oC.on''a(o'1'1 l of N'.J• .Yo•lA to s"r r8 E �06t/ar '.. d M 1` All • C. ti ? � � k4 O \. 5v CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY i AGENDA OF: November 25, 1985 AGENDA ITEM DATE SUBMITTED: November 14, 1985 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Summerlake #2 Phase 4,Z Subdivision Agreement; authorize Mayor_& RE arder to PREPARED BY: Community Development execute in City's behalf; and also to accept the bond therefor. �,,�/REQUESTED BY: John Hagman DEPARTMENT HEAD OK: "4'q� — CITY ADMINIS"TRATOR: POLICY ISSUE INFORMATION SUMMARY 1. The proposed "Summer Lake No. 2 (Phase 4)" Subdivision is located south of Scholls Ferry Road adjacent to Summer Lake Drive. The preliminary plat has been approved by the City. 2. The attached Subdivision Compliance Agreement and Letter of Commitment Performance Bond has been submitted by the developer, as is required by the City, to assure completion of installation of all public facilities within the proposed subdivision. 3. Construction plans are ready to be issued and all required public improvement fees have been paid. Issuance of said plans is pending Council action (as is suggested below) . ALTERNATIVES CONSIDERED SUGGESTED ACTION Authorize the Mayor and City Recorder to execute the Subdivision Compliance Agreement for Summer Lake No. 2 (Phase 4) in behalf of the City; and, also, accept the Letter of Commitment Performance Bond therefor. (RC:pm26) SUBDIVISION COMPLIANCE AGREEMENT THIS AGREEMENT dated the `, f ' day of _ �,< , - f 19 85 between the CITY OF TIGARD, a municipality of Oregon, hereinafter termed the "CITY", and Art Lutz an individual _ hereinafter termed "Petitioner". W I T N E S S E T H WHEREAS, Petitioner has applied to the City for approval for filing in Washington County, a subdivision plat known as Amart Summer Lake No. 2 (Phase 4) in Section 33, Township 1 South, Range I west, Willamette Meridian, Washington County, Oregon; and WHEREAS, the City has approved and adopted the standard specifications for Public Works construction by APWA Oregon Chapter and the Unified Sewerage specifications for the sanitary sewers prepared by professional engineers for subdivision development; and WHEREAS, the public improvements required to be constructed or placed in Petitioner's development are incomplete, but Petitioner has nonetheless requested the City to permit progressive occupancy and use of property in the subdivision, and the parties desire hereby to protect the public interest generally and prospective purchasers of lots in said subdivision by legally enforceable assurances that the public improvements will be installed as required and completed within the time hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing premises and the covenants and agreements to be kept and performed by the Petitioner and its sureties, IT IS HEREBY AGREED AS FOLLOWS: (1) Petitioner shall proceed with the development, with the intent and purpose to complete all public improvements except sidewalks and street trees of said subdivision not later than two (2) years from the date of this agreement, and Petitioner is hereby bound to comply with all subdivision standards as set forth in said Subdivision Ordinance and the standard specification adopted by the City of tigard, or as may be otherwise approved by the Public Works Department and to use only such material and to follow such designs as may be required to conform thereto. Petitioner shall provide certification of installation conformance, via a registered civil engineer, to the City prior to City inspection of petitioners improvement work for City tentative and final acceptance consideration. (2) To assure compliance with the City's requirements and the provisions hereof. Petitioner tenders herewith to the City a surety bond in form approved by the City, with liability in the amount of $ 168.216.00 a copy whereof hereto attached by this reference made a part hereof. (3) In the event that Petitioner shall fail, neglect or refuse to proceed with the work in an orderly and progressive manner to assure completion within the time limits, upon ten (10) days notice by the City to Petitioner and Petitioner's sureties, and such default and failure to proceed continuing thereafter, the City may at its option proceed to have the work competed and - 1 - MOMCharge the costs hereof nst Pt•titiorwr end PetItionttr'' s ,ur-oties Arid in the event same be not paid, to bring an action on the said bond to recover the amount thereof. In the event such action be brought, Petitioner and Petitioner's sureties promise and agree to pay, in addition to the amounts accruing and allowable, such sum as the court shall adjudge reasonable as attorney's fees and costs incurred by the City, both in the Trial Court and Appellate Court, if any, or the City may, at its option, bring proceedings to enforce against the Petitioner and/or Petitioner' s sureties specific performance of the contract and compliance with the subdivision standards and ordinances of the City of Tigard, and in such event, in like manner, the City shall be entitled to recover such sum as the court shall adjudge reasonable as and for the City's attorney's fees and costs, both in the Trial Court grid Appellate Court, if any . (A) Petitioner, concurrent the with execution hereof, has deposited with the City an amount estimated to equal rental and maintenance fees with respect to the street lighting facilities within the subdivision, according to Portland General Electric Schedule #191, Option "B", together with a further sum equal to the estimated cost of providing electrical energy to energize the str^et lighting facilities for a period of two (2) years from the date of ir.i ial energizing of said lights. Said amount being $_630.72� (5) The City agrees to make and provide periodic and final inspections which in the City's interest are desirable to assure compliance herewith, in consideration whereof the Petitioner has paid prescribed inspections fees.X (6) The City agrees to install street identification and traffic signs within the said subdivision, in consideration of payment in the amount of $_ 195.00 _ (7) At such time ag all public improvements except sidewalks and street trees within the subdivision have been completed in accordance with the City' s requirements, Petitioner shall submit a "certificate of installation conformance" to the City to notify the City of the readiness for acceptance consideration inspection and upon notification by the Department of Public Works that the requirements of the City have been met, the Petitioner will submit to the City a good and sufficient maintenance bond if not already provided with the performance bond, form approved by the City, in the sum of $ 33.643.20 to provide for correction of any defective work or maintenance becoming apparent or arising within one (1) year after tentative acceptance of the public improvements by the City . Upon receipt of certification by the Department of Public Works, that all requirements have been met, and a One Year Maintenance Bond, the City Council agrees to tentatively accept the public improvement subject to the requirements for correction of deficiencies and maintenance for a period of one year as hereinabove set forth. (8) That in addition to or supplementary of the requirements of the City' s Subdivision Ordinance and the provisions hereof, Petitioner binds itself to conform to the following requirements, scheduling and limitations: r *Project Fee $ 3811.68 Sewer• Fee $ 2916.96 2 ( x None of �f�S�� r ibi m.:y txC Pot.itiut.l�c luta, f ner ' s -..1 , ocr_upied for residential pclr-poscas until art accuparIcy pc>rmit. is cs5ucrd undctr d no occupancy permit shall b(-,• issued pr iur to tllc authority of the City an acceptance of the subdivision and to the time that the sidewalk paralleling the street. for each developed lot proposed to e occupied, is installed as a part of the development; provided that: all sidewalks as reyuircad by the plans and subdivision code shall be installed throughout said subdivision not lat.er than 3 years from the date of this Subdivision Improvement Contract.. (b) All landscaping trees ors that portion of each lot between the public sidewalks and the curb (parking area) is required, shall be planted in place prior to final inspection and issuance of occuparicy permit for each such lot in the subdivision. Provided that final inspection <And applicant for- occupancy permit occurs within any calendar month frorn October to April of arty year, such plantings may be deferred until the next. following growing season. In any event, all landscaping and trees in all. areas shall bc• plr+rued and in place within the entire subdivision within three (3) years from the date of this subdivision improvement contract. (c) After tentative City acceptance of the public, i.mproverllent.s, tine Petitiorier agrees to place an asphaltic concrete. Class "all overlay on all roads within the development; placement scheduling to be approve by the City . (d) rompliance with all terms and provisions specified theretafor said subdivision development by the Council and the Planning Coulnlission of the City of Tigard, Oregon, in regard to variances allowed from the subdivision ordinance, conditions specified by the zone use classification and, also, on the approved plat(s) arid plan(s). (e) Petitioner agrees to provide for correction of any defec.ti.ve work and/or maintenance becoming apparent or- arising during the guarantee period as hereinabove set forth. (9) At such time as all public improvements have been completed jf accordance with the City' s requirements, Petitioner shall notify the City the readiness for final inspection and upon certification by the Department of Public Warks that all requirements of the City have been met, the Council agrees to accept said improvements for operation arid maintenance responsibility, thereinregard, and release the Petitioner's guarantee bond. (10) The parties hereto hereby adapt the farm of performance bond, copy whereof is hereto attached arid by reference made a part hereof, and Petitioner agrees to cause to have said bond executed and fi.led with the City concurrently with the execution of this agreement at or prior- tri the time this agreement is executed on behalf of the City. (11) The specific requirements of Paragraph 9 hereof shall for all purposes be included as a part of the: obligation secured by the aforesaid performance bund and the City shall be entitled to recourse thereto in the event of default on the part of the Petitioner with respect to any re.qui.rement. thereof. 7 k IN WlINI5S WIRREM , Petitioner acting by snd through it, du Ly uthurized undersigned officers pursuant to resolution of its Board of Dirt-,tors has caused this agreement to be executed, and the City acting pursuant. to motion of its Council adopted At a meeting thereof duly and regularly held on the ,;jr,:day of _SLY _ov> �- _ 1`�___�'�_.___ has caused this agrooment to be executed by its Mayor and Recorder. ART LUTZ, an individual FlyC -6- By: 6-BY TtiA (-IIY 01 11UARD, OREGON Mayor r V Recorder (At.tach Notary Acknowledgement hereto) State of Oregon N i ss. County of Washington.; - BE IT REMEMBERED, That on this 12th day of P:ovember , 1985, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Arthur A. Lutz known to me to be the identical individual described in and who executed the within instrucment and acknowledged to me that he executed the same freely and voluntarily. IN TESTL4011a^' i.IIEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Catherine J ddard Notary Public for Oregon Return signed copy to: Art Lutz SLY Corrunission expires 3/1/88 8875 SW Beaverton-Hillsdale Hwy. Portland, OR 97225 (0070S) 4 Lk:'I'"1`Elt OP Ct?NJ1["i'!^.l?ti'i (Performance Bond) we have received from Citizens Saving E I,g~~ eGc^^,arion ( lending institution) a loan commitment in the amount of $ �i�� 00 to finance the improvements of a subdivision located in the City of Tigard , said subdivision being; commonly known as Amart Summerlake 2 (Phase 4This loan commitment is specifically for con- struction on- struction purposes for: CXKXXXXXXXXXXXXXXXXXXRXXXXX XXfX)AXXXAM^Mk WXXk cXi)GGIEdC�t}E•�i1f�tX$�43(}f}4�ftKX��C�t}f�{MX�• }S�ik�i�i'�{}2?t}5}C.ACX}(�.�lt}4'X�d�KX{}�i�}t71::#{GQ}1�C 1) public streets, including driveways , aprons, sidewalks, fighting and curbs 2) sanitary and storm sewers 3) domcst.ic water 4) under- ground telephone and power 4) gas )5<KXXGaM.WGtiCt?ftL. All such improvements are to b+.• completed in conformity with City approved construction plans and the sub- division compliance agreement thercinreyard. 168,216.00 We have agreed that disbursements of the $_will bt made in accord with the following schedule upon completion of each, or all , item(s); but not includin the hold-back described below. ITEM AMOUNT Site Preparation/Grading 101000.00 Concrete Curb 6.725.00 Street (base rock, leveling rock, base A.C. ) __1_7928.00 Sanitary Sewer & appurtances _72.924.00 Storm Sewer & appurtances 15,315.00 Water Linc• & appurtances 17,000.00 Gas Line & appurtances 2.250.00 Underground Telephone & Electrical 2 .250.00 Concrete Sidewalk & Driveway Aprons 9,300.00 Asphalt (street overlay) 10.624.00 Street Lighting ____ 3,900.00 15i.seellancous (pathways, landscaping, mailbox clusters, etc.) _ N.A. We have entered into a "Subdivision Compliance Agreement" whereby we have agreed to install all improvements in accordance with the requirements of the City of Tigard and we are hereby authorizing you to hold the above-stated funds to pay them to us only when the following has been adhered to: That the City of Tigard has provided certification acknowledging completion of any or all work pursuant to the above itemized schedule of improvements. Pursuant to the above schedule, 207 of the commitmrnt funds ( i.e. , $ 33,643.20 ) will be held back through the normal one year guarantee period or until final City Acceptance of the project takes place or until the City is provided with a separate maintenance bond, effective for said one year period from the date of Council tentative acceptance of the work, to assure continued freedom from defects, and maintenance, during: the guarantee period. s, 1'ayc 2 Letter of Commitment Concurrent with the final release of these funds, establishment proceedings will be instituted. it is understood and approved by all parties of concern to this letter of commitment that the City of Tigard shall have first claim and priority to the sum of $168,216.40, less disbursements approved by the City of 'Pinard, in the event of any defect(s)Jor failure(s) to correct such in the construction of the required improvements. it is further understood and agreed that the aforsaid priority of claim is paramount to all parties including the landing institution making the loan and Lhat the lending institution has covenanted and agreed that the sum of $ 1688,216.00 less disbursements approved by Lhe City of Tigard shall be livid available to satisfy any aformentioned claim by the City notwithstanding default on loan by borrowing party or terminatiun of loan by lending institution. The above is subject to funding of the cxxrtutment by Citizens Savings and Loan. DATE: Sincerely yours, Art Lutz, an individu Approvq."and/Acc itizens Savi ' s Loan y (Lending I"litution) BY,• (Attach notary information and signature(s) authority) State of Oregon ) Ss. County of Washington ) BE IT REMEMBERED, That on this 12t1, day of November , 1985,before me the undersigned, a Notary Public inaand for said County and State, personally appeared the within named Arthur A. Lutz known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that he executed the same freely and voluntarily. IN TESTIMONY W EREOF, I have hereunto set my hand ani affixed my official seal the day and year last above written. (� _�C�CILt_•Z.t_ux� '� i' �CLhCt Catherine J. oddard Notary 'Public for Oregon My Commission expires 3-;- �� CITIZENS �± S SAvI GS November 129 1985 TO WHOM IT MAY CONCERN: to sign on a loan This notice hereby authorizes Kirk Tthe Association' commitment to Art Lutz in behalf of the t rjk e, is Loren M. Clark vicesfdent tsPresident STATE OF OREGON ss. 1985 > COUNTY OF MARION M. Personally appeared the above Dirk TVicettPresident nd nand that he is resppecdtiN an Association, Salem, Clark acknowledging behalf of said President of Citizens Savings signed in Oregon, and that said document is corporation. Before me: *, oxy lic for Oregon My Commission Expires: NS SAVINGS DLOAN c ASSOCIATION 97309!503-585-5600 g 603 Chemeketa St,N E /O Box14650/salem.OR IL CITY OF TIGARD_OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November-25,- 1985 AGENDA ITEM DATE SUBMITTED: November 21.L_ 1985 PREVIOUS ACIION: Council Authorized ISSUE/AGENDA TITLE: Authorize _ Call For Bid Purchase of High Density File _ PREPARED BY: Loreen Wilson _ k� System - $10 875.53 REQUESTED BY: Loreen Wilson CITY ADMINISTRATOR: DEPARTMENT HEAD OK POLICY ISSUE INFORMATION SUMMARY On 10/14/85, the Council approved the bid packet and authorize staff to request bids for high density files for the Vault and Records Room at the Civic Center. Bid opening was held on 11/7/85 at 2:00 PM and A bids were received ranging from $10,083.80 to $ 18.308.0+1. Staff reviewed the bids and found three vendors did not meet the minimum specifications outlined in the bid documents. Per the Tigard Purchasing Rules Section 30.100, the grounds for bid rejection was as follows: ACME - Bid was not in conformance with bid document requirements in that a mechanically assisted system was offered, not a manual system. OBLIQUE NW - Bid was not in conformance with bid document requirements in that there were no manual systems within a 50 mile radius of Tigard for staff to view which were approximately the same length as Tigard's application and the gauge of steel bid for shelves and upright posts was lighter than required. TAB - Bid was not in conformance with bid document requirements in that there were no manual systems within a 50 mile radius of Tigard for staff to view which were approximately the same length as Tigard's application. Spacesaver Specialists were able to meet all bid specifications and upon viewing several of their installations staff finds that system will meet the records needs of the City. Tigard will be able to use a manual system vs. a mechanically assisted system due to the aluminum carriage which is under each Spacesaver file. This cost is approximately $7,000.00 less than mechanical assistance. Budget appropriation for this purchase is $10,000.00. However, that line item also has $50,000.00 for a phone system. The phone bid report and award is scheduled for 12/2/85. The phone bids, at bid opening, ranged from $26,152.00 to $59,698.00. At this time staff feels confident that the phone award will ." be under the budgeted appropriation in an amount sufficient to at least cover the $875.53 which is needed to meet the file system bid. If the budget appropriation is not enough to cover both file and phone bids, staff will s PAGE 2 OF 2 SUKMARY SHEET FILE BIDS request additional appropriation during the January Supplemental Budget process. With the shipping time required for the file system, staff would recommend awarding this bid now in order to insure installation prior to occupancy of the Civic Center. ALTERNATIVES CONSIDERED 1. Award bid to Spacesaver for $10,875.53. 2. Take no action at this time, 3. Reject all bids and instruct staff to readvertise. SUGGESTED ACTION Staff recommends alternate #1 — Award bid to Spacesaver for $10,875.53, lw/3443A CITY OF TIGARD, OREGON BID OPENING RESULTS — HIGH DENSITY FILE REQUEST Bids were opened at 2:00 P.M. Pacific Standard Time on November 7, 1985 at Tigard City Hall, 12755 SW Ash Avenue, Tigard, Oregon. The following bids were received: BID ALTERNATE �'15�n�vcg VENDOR #1 #2 #3 3 /v, �o, �Ys.S� -7'S'S,00 1 aj G�3,S0 r,a .2 to 375.53 9d $3 3 /7 (0Yx.4/q «i 3037.Uq �V oreen R. Wilson, /Recorder — 11/7/85 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF; NOVEMBER 25 1385 AGENDA ITEM 0: DATE SUBMITTED: 11118/85 PREVIOUS ACTION: Budget Committee ISSUEIAG£NDA TITLE: LONG RANGE review of 3— ear Financial Plan FINANCIAL PROJECTION PER ORS PREPARED BY: J. Widner REQUESTED BY: 8. Jean DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE State Law requires cities to project and report future budget estimates and shortfalls. INFORMATION SUMMARY Last year existing revenues and expenditures at Level II were projected forward for 5 years. A significant deficit was projected. Council directed a revision of expenditures to fit revenue estimates. This year's projections also match existing authorized revenues to expenditure priorities from the it is shown, but as Council knows, services at 3—year Financial Plan. No defic this funding level will be below the essential services Core Level I. ALTERNATIVES CONSIDERED 1. Revise expenditure estimates to Core Level and show deficit. 2. Match expenditures to revenues, anticipating further service cuts. _A SUGGESTED ACTION ' Assume only existing authorized resources. Review service level differences k in FY1986-87 Proposed Budget (Dept. Requests at Current Service Levels and Administrator's Proposed at Existing Resources Level). f'. RETURN TO: Intergovernmental Relations Division Attn: Dolores Streeter 155 Cottage Street NE Salem, OR 97310 LONG-RANGE FISCAL PROJECTION Cities over opu anon Estimated Revenue and Expenditures in compliance with ORS 221.780(2) y 89:913 T--9U—Property —T--9U— Property Taxes 1,260,000 1 135 000 1,195.000 1 250,200 1,308,712 Taxes other than Property Fees Licenses Permits 4 0 40 000 400 000 ___400j000 UtilityRevenues 5 00 900 000 950 000 975,000 Other Local Revenue 0 1 180 000 1 230 000 _1,280,000 Intergovernmental Revenue --Federal Revenue Sharing Other Federal Funding --State Revenue Sharing115.0 120 000 125 000 f 130,000 State-Shared Revenue 230.000 235 000 ! 240,000 Other State Funding --Other Intergovernmental 585,000 400,000 425,008 425,000 425,000 Rey2nu!t TOTAL I 4,540.00ot 4,280,000 4,450,000 4,615,200 4,758.712 MMEADITURES Public Safety (Police. Fire, Anbulance, Building Inspection) 2 000 i 411 000 1 444,000L - Iransporr-artion 479,000 1,5115.000 tWeexs, Transit. Airports, Parking, Bikeway, Lighting) 420 000 442,000 500,000 510,000 525,000 Sewer and Water 214 000 225,000 236,000 247,000 258,000 J_ Land Use Planning 135 000 143 000 152,000 Parks and Recreation 4 0 of 50 000 55 000 60,000 Libraries 173 000 220.0000 225,000 Social Services Financial and General Administration 1 0 5 000 1,12000 1 112 000 11,125,000 1,135,000 Debt Payments Principle and Interest 950.0001 775.000 775,0001 800,000 800,000 OtheM 36 200 8.7_,7 12 TOTAL 4,540.gop 4.2 0000 4-450,0001 4 615 200 1 4,758,712 Certification: I certify that this long-range fiscal projection was approved by the City Council of the City of Tigard on November 25, 198 5 ayor- OS:c h:0172f IRD:11/06/85 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY {i AGENDA OF: November 25, 1985 AGENDA ITEM 0: DATE SUBMITTED: November 14, 1985 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Windsor Place Subdivision Compliance Agreement & PREPARED BY: Development Services De t Performance Bond; authorize Mayor & Recorder to execute in City's REQUESTED BY: John Hagman behalf. DEPARTMENT HEAD OK: i ' c `" CITY ADMINISTRATOR: Y � POLICY ISSUE --Y INFORMATIC `IMARY !! 1. The proposed "Windsor Place" subdivision is located at the old Metzger l Sewerage Treatment Plan Site near 106th & Black Diamond Way. The preliminary plat has been approved by the City. 2. The attached Subdivision Compliance Agreement and Letter of Commitment Performance Bond has been submitted by the developer, as is required by the City, to assure completion of installation of all public facilities within the proposed subdivision. 3. Construction plans are ready to be issued and all required public improvement fee's have been paid. Issuance of said plans is pending Council action (as is suggested below), ALTERNATIVES CONSIDERED SUGGESTED ACTION Authorize the Mayor and City Recorder to execute the Subdivision Compliance Agreement for Windsor Place in behalf of the City; and, also, accept the Letter of Commitment Performance Bond therefor. (RC:pm26) E SUBDIVISION COMPLIANCE AGREEMENT THIS AGREEMENT dated the �) I k day of u kv, .,J , 19 85 between the CITY OF TIGARD, a municipality of Oregon, hereinafter termed the "CITY", and Howard-Kim, Inc. hereinafter termed "Petitioner". W I T N E S S E T H WHEREAS, Petitioner has applied to the City for approval for filing in Washington County, a subdivision plat known as WINDSOR PLACE in Section 34 Township 1, South, Range 1 West Willamette Meridian, Washington County, Oregon; and WHEREAS, the City has approved and adopted the standard specifications for Public Works construction by APWA Oregon Chapter and the Unified Sewerage specifications for the sanitary sewers prepared by professional engineers for subdivision development; and WHEREAS, the public improvements required to be constructed or placed in Petitioner's development are incomplete, but Petitioner has nonetheless requested the City to permit progressive occupancy and use of property in the subdivision, and the parties desire hereby to protect the public interest generally and prospective purchasers of lots in said subdivision by legally enforceable assurances that the public improvements will be installed as required and completed within the time hereinafter set forth. NOW. THEREFORE, in consideration of the foregoing premises and the covenants and agreements to be kept and performed by the Petitioner and its sureties, IT IS HEREBY AGREED AS FOLLOWS: (1) Petitioner shall proceed with the development, with the intent and z purpose to complete all public improvements except sidewalks and street trees of said subdivision not later than two (2) years from the date of this agreement, and Petitioner is hereby bound to comply with all subdivision standards as set forth in said Subdivision Ordinance and the standard specification adopted by the City of tigard, or as may be otherwise approved by the Public Works Department and to use only such material and to follow such designs as may be required to conform thereto. Petitioner shall provide certification of installation conformance, via a registered civil engineer, to the City prior to City inspection of petitioners improvement work for City tentative and final acceptance consideration. (2) To assure compliance with the City's requirements and the provisions hereof, Petitioner tenders herewith to the City a surety bond in form approved by the City, with liability in the amount of $ 226,176.65 a copy whereof hereto attached by this reference made a part hereof. (3) In the event that Petitioner shall fail, neglect or refuse to proceed with the work in an orderly and progressive manner to assure completion within the time limits, upon ten (10) days notice by the City to Petitioner and Petitioner's sureties, and such default and failure to proceed continuing IC thereafter, the City may at its option proceed to have the work competed and Page 1 charge the costs hereof against Petitioner and Petitioner's sureties and in the event same be not paid, to bring an action on the said bond to recover the amount thereof. In the event such action be brought, Petitioner and Petitioner's sureties promise and agree to pay, in addition to the amounts accruing and allowable, such sum as the court shall adjudge reasonable as attorney's fees and costs incurred by the City, both in the Trial Court and Appellate Court, if any, or the City may, at its option, bring proceedings to enforce against the Petitioner and/or Petitioner's sureties specific performance of the contract and compliance with the subdivision standards and ordinances of the City of Tigard, and in such event, in like manner, the City shall be entitled to recover such sum as the court shall adjudge reasonable as and for the City's attorney's fees and costs, both in the Trial Court and Appellate Court, if any. (4) Petitioner, concurrent the with execution hereof, has deposited with the City an amount estimated to equal rental and maintenance fees with respect to the street lighting facilities within the subdivision, according to Portland General Electric Schedule #91, Option "B", together with a further sum equal to the estimated cost of providing electrical energy to energize the street lighting facilities for a period of two (2) years from the date of initial energizing of said lights. Said amount being $_ 924.48 (5) The City agrees to make and provide periodic and final inspections which in the City's interest are desirable to assure compliance herewith, in consideration whereof the Petitioner has paid prescribed inspections fees.* (6) The City agrees to install street identification and traffic signs within the said subdivision, in consideration of payment in the amount of $ 496.00 (7) At such time as all public improvements except sidewalks and street trees within the subdivision have been completed in accordance with the City's requirements, Petitioner shall submit a "certificate of installation conformance" to the City to notify the City of the readiness for acceptance consideration inspection and upon notification by the Department of Public Works that the requirements of the City have been met, the Petitioner will submit to the City a good and sufficient maintenance bond if not already provided with the performance bond, form approved by the City, in the sum of $ 45,235.00 to provide for correction of any defective work or maintenance becoming .apparent or arising within one (1) year after tentative acceptance of the public improvements by the City. Upon receipt of certification by the Department of Public Works, that all requirements have been met, and a One Year Maintenance Bond, the City Council agrees to tentatively accept the public improvement subject to the requirements for correction of deficiencies and maintenance for a period of one year as hereinabove set forth. (8) That in addition to or supplementary of the requirements of the City's Subdivision Ordinance and the provisions hereof, Petitioner binds itself to conform to the following requirements, scheduling and limitations: *Project Fee $ 7,275.63 Sewer Fop - $ 1,771.44 Page 2 71 (a) None of the lots of Petitioner's subdivision as described may be occupied for residential purposes until an occupancy permit is issued under authority of the City and no occupancy permit shall be issued prior to the acceptance of the subdivision and to the time that the sidewalk paralleling the street for each developed lot proposed to a occupied, is installed as a part of the development; provided that all sidewalks as required by the plans and subdivision code shall be installed throughout said subdivision not later than 3 years from the date of this Subdivision Improvement Contract. (b) All landscaping trees on that portion of each lot between the public sidewalks and the curb (parking area) is required, shall be planted in place prior to final inspection and issuance of occupancy permit for each such lot in the subdivision. Provided that final inspection and applicant for occupancy permit occurs within any calendar month from October to April of any year, such plantings may be deferred until the next following growing season. In any event, all landscaping and trees in all areas shall be planted and in place within the entire subdivision within three (3) years from the date of this subdivision improvement contract. (c) After tentative City acceptance of the public improvements, the Petitioner agrees to place a asphaltic concrete Class "e" overlay on all roads within the development; placement scheduling to be approve by the City. (d) Compliance with all terms and provisions specified theretofor said subdivision development by the Council and the Planning Commission of the City of Tigard, Oregon, in regard to variances allowed from the subdivision ordinance, conditions specified by the zone use classification and, also, on the approved plat(s) and plan(s). (e) Petitioner agrees to provide for correction of any defective work and/or maintenance becoming apparent or arising during the guarantee period as hereinabove set forth. (9) At such time as all public improvements have been completed in accordance with the City's requirements, Petitioner shall notify the City of the readiness for final inspection and upon certification by the Department of Public Works that all requirements of the City have been met, the Council agrees to accept said improvements for operation and maintenance responsibility, thereinregard, and release the Petitioner's guarantee bond. (10) The parties hereto hereby adopt the form of performance bond, copy whereof is hereto attached and by reference made a part hereof, and petitioner agrees to cause to have said bond executed and filed with the City concurrently with the execution of this agreement at or prior to the time this agreement is executed on behalf of the City. (11) The specific requirements of Paragraph 9 hereof shall for all purposes be included as a part of the obligation secured by the aforesaid performance bond and the City shall be entitled to recourse thereto in the event of default on the part of the Petitioner with respect to any requirement thereof. Page 3 IN WITNESS WHEREOF, Petitioner acting by and through its duly authorized undersigned officers pursuant to resolution of its Board of Directors has caused this agreement to be executed, and the City acting pursuant to resolution of its Council adopted at a meeting thereof duly and regularly held on the Q_T day of �!r;�Fr �'c•�r,_ 19has caused this agreement to be executed by its Mayor and Recorder. By'''��-A IL �l By: TJF CITY OF TIGARD, OREGON By: r v� [ ] STATE OF OREGON ) )ss. County of (� ) On the Zoo 'day of -i 19 8S personally appeared before me the above-named at1.Ew M. tjoU2,q C-s who did execute the foregoing in my presence and acknowledged the same to be hisAer voluntary act and deed. GATED this - l Q day of ��%coo-Q,p., 19 $S Notary Public for Oregon J.;kOTARIAL SEAL) My Commission expires: E7 4 Page 4 LETTER OF COMMITMENT (Performance Bond) We have received from Continental - Oregon, Inc. (lending institution) a loan commitment in the amount of $ _ to finance the improvements of a subdivision located in the City of Tigard, said subdivision being commonly known as Windsor Place This loan commitment is specifically for con- struction purposes for: or $226,176.65 of the aforsaid total commitment has been allocated for construction purposes for: (strike preceeding inapplicable part) 1) public streets, including driveways, aprons, sidewalks, lighting and curbs 2) sanitary and storm sewers 3) domestic water 4) under- ground telephone,and power and street lighting. All such improvements are to be completed in conformity with City approved construction plans and the sub- division compliance agreement thereinregard. We have agreed that disbursements of the $ will be made in accord with the following schedule upon completion of each, or all, item(s); but not including the hold-back described below. IT£M AMOUNT Streets $106.616-15 Sanitary Sewer b appurtances 53,193-00 Storm Sewer b appurtances _ 31.475.00 Water Line b appurtances 21.0 55.50 Underground Telephone i Electrical b Lighting 13.837.00 g�4 80t�ilOt}D�tlC�Nz —- We have entered into a "Subdivision Compliance Agreement" whereby we have agreed to install all improvements in accordance with the requirements of the City of Tigard and we are hereby authorizing you to hold the above-stated funds to pay them to us only when the following has been adhered to: That the City of Tigard has provided certification acknodledging completion of any or all work pursuant to the above itemized schedule of improvements. Pursuant to the above schedule, 20% of the commitment funds (i.e.. $451,235.33 ) will be held back through the normal one .year guarantee period or until fio l City Acceptance of the project takes place or until the City is provided with a separate maintenance bond, effective for said one year period from the date of Council tentative acceptance of the work, to assure continued freedom from defects, and saintenant 'wring the guarantee period. Page 2 Letter of Commitment Concurrent with the final release of these funds, establishment proceedings will be instituted. It is understood and approved by all parties of concern to this letter of commitment that the City of Tigard shall have first claim and priority to the sum of $226 176.65 less disbursements approved by the City of Tigard, in the event of any defects or failure(s) to correct such in the construction of the required improvements. It is further understood and agreed that the aforsaid priority of claim is paramount to all parties including the lending institution making the loan and that the lending institution has covenanted and agreed that the sum of $226,176.65 less disbursements approved by the City of Tigard shall be held available to satisfy any aformentioned claim by the City notwithstanding default on loan by borrowing party or termination of loan by lending institution. DATE: September 19, 1985 Sincerely yours, Howard-Kim, Inc. 1 by 1 �1\\`It" Approved and Accepted: Continental - Oregon, Inc. (Lending Institution) BY: huAr .44j—?,0, (Attach notary information and Title yice president signatures) authority) ww No.aw—arnwwiEnaMON*.cwPuanoN you w.�+a. STATE OF OREGON, as. county of. _....Washington........_........ September .19,... .. ........,,19-.85_. Personally appeared . ......._Mel".M,---Howard............. . _..............._.. .__ _.. _ POW No.7*6_—ACXNCr'n'D ,WT coap2mtioN m q. STATE OF OREGON, County of.......WASHINGTON............ }� ........ _.-._.... October l.l. ... ........,19.85 Personally appeared ........._.._ _........�AV.i.d...�a.i_1.l.l.hart..... .. _ _........... .._ who being duly sworn(or affirmed)did say that._he_ _.JS the __._....._............._.....__.Assist...Vice..Pres.i.d.eni..................... VraMent er erMr oNinr or oHi,oni of ........._..............................................................I ,...IQc.�....... _............................._...._... ... �Norno e/WrPOPoliani •....•...•. and that the seal atfiaed to the foregoing instrument is the corporate seal of said corporation and that said in. strument was signed and sealed in behalf cf said corporation by he acknowledged said instrument to be ita voluntary act and deed. Before me: Official GNDA Seal c for Or gon. My Ca 'n ....-M;zWr4-hfei iiu .....----- ........... CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 25, 1985 AGENDA ITEM #: DATE SUBMITTED: November 14, 1985 _ PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Chelsey Hill Subdivision Compliance Agreement S PREPARED BY: Development Services Oept Performance Bond; authorize Mayori� S Recorder to execute in City's REQUESTED BY: John Hagman behalf. 411 DEPARTMENT HEAD OK: CI:T1 ADMINISTRATOR: POLICY ISSUE `INFORMATION SUMMARY 1. The proposed "Chelsey Hill" subdivision is located north of O'Mara Street and west of the Senior Center. The preliminary plat has been approved by the City. 2. The attached Subdivision Compliance Agreement and Performance Bond has been submitted by the developer, as is required by the City, to assure completion of installation of all public facilities within the proposed subdivision. 3. Construction plans are ready to be issued and all required public improvement fee's have been paid. Issuance of said plans is pending Council action (as is suggested below). r ALTERNATIVES CONSIDERED SUGGESTED ACTION Authorize the Mayor and City Recorder to execute the Subdivision Compliance Agreement for Chelsey Hill in behalf of the City; and, also, accept the Performance Bond therefor. (RC:pm2b) SUBDIVISION COMPLIANCE AGREEMENT THIS AGREEMENT dated the P`.:, Th day of >c -1 -6--r , 1985 between the CITY OF TIGARD, a municipality of Oregon, hereinafter termed the "CITY", and Waverly Construction Co. Inc. hereinafter termed "Petitioner". W I T N E S S E T H . WHEREAS, Petitioner has applied to the City for approval for filing in Washington County, a subdivision plat known as Chelsey Hill in Section 2, Township 2 South, Range 1 West Willamette Meridian, Washington County, Oregon; and WHEREAS, the City has approved and adopted the standard specifications for Public works construction by APWA Oregon Chapter and the Unified Sewerage specifications for the sanitary sewers prepared by professional engineers for subdivision development; and WHEREAS, the public improvements required to be constructed or placed in Petitioner's development are incomplete, but Petitioner has nonetheless requested the City to permit progressive occupancy and use of property in the subdivision, and the parties desire hereby to protect the public interest generally and prospective purchasers of lots in said subdivision by legally enforceable assurances that the public improvements will be installed as required and completed within the time hereinafter set forth. ' NOW. THEREFORE, in consideration of the foregoing premises and the n covenants and agreements to be kept and performed by the Petitioner and its 's sureties, IT IS HEREBY AGREED AS FOLLOWS: (1) Petitioner shall proceed with the development, with the intent and purpose to complete all public improvements except sidewalks 'and street trees of said subdivision not later than two (2) years frog the date of this agreement, and Petitioner is hereby bound to comply with all subdivision standards as set forth in said Subdivision Ordinance and the standard specification adopted by the City of tigard, or as may be otherwise approved by the Public Works Department and to use only such material and to follow such designs as may be .required to conform thereto. Petitioner shall provide certification of installation conformance, via a registered civil engineer, to the City prior to City inspection of petitioners improvement work for City tentative and final acceptance consideration. (2) To assure compliance with the City's requirements and the provisions hereof, Petitioner tenders herewith to the City a surety bond in form approved by the City, with liability in the amount of $225,333.00 a copy whereof hereto attached by this reference made a part hereof. (3) In the event that Petitioner shall fail, neglect or refuse to proceed with the work in an orderly and progressive manner to assure completion within the time limits. upon ten (10) days notice by the City to Petitioner and Petitioner's sureties, and such default and. failure to proceed continuing thereafter, the City way at its option proceed to have the work competed and - 1 - charge the costs hereof against Petitioner and Petitioner's sureties and in the event same be not paid, to bring an action on the said bond to recover the amount thereof. In the event such action be brought, Petitioner and Petitioner's sureties promise and agree to pay, in addition to the amounts accruing and allowable. such sum as the court shall adjudge reasonable as attorney's fees and costs incurred by the City, both in the Trial Court and Appellate Court, if any, or the City may, at its option, bring proceedings to enforce against the Petitioner and/or Petitioner's sureties specific performance of the contract and compliance with the subdivision standards and i ordinances of the City of Tigard, and in such event, in like manner, the City shall be entitled to recover such sum as the court shall adjudge reasonable as and for the City's attorney's fees and costs, both in the Trial Court and Appellate Court, if any. (4) Petitioner, concurrent the with execution hereof, has deposited with the City an amount estimated to equal rental and maintenance fees with respect to the street lighting facilities within the subdivision, according to Portland General Electric Schedule N91, Option "B", together with a further sum equal to the estimated cost of providing electrical energy to energize the street lighting facilities for a period of two (2) years from the date of initial energizing of said lights. Said amount being $____j_.027.20 (5) The City agrees to make and provide periodic and final inspections which in the City's interest are desirable to assure compliance herewith, in consideration whereof the Petitioner has paid prescribed inspections fees.* (6) The City agrees to install street identification and traffic signs within the said subdivision, in consideration of payment in the amount of f 488.00 _- (7) At such time as all public improvements except sidewalks and street trees within the subdivision have been completed in accordance with the City's requirements, Petitioner shall submit a "certificate of installation conformance" to the City to notify the City of the readinAss for acceptance consideration inspection and upon notification by the . Department of Public Works that the requirements of the City have been met, the Petitioner will submit to the City a good and sufficient maintenance bond if not already provided with the performance bond, form approved by the City, in the sum of $45,066.60 to provide for correction of any defective work or maintenance becoming apparent or arising within one (1) year after tentative acceptance of the public improvements by the City. Upon receipt of certification by the Department of Public Works, that all requirements have been met, and a One Year Maintenance Bond, the City Council agrees to tentatively accept the public improvement subject to the requirements for correction of deficiencies and maintenance for a period of one year as hereinabove set forth. (6) That in addition to or supplementary of the requirements of the City's Subdivision Ordinance and the provisions hereof, Petitioner binds itself to conform to the following requirements, scheduling and limitations: *Project Fee $ 6,761.68 Sewer Fee 2,2 ^ — 2 — (a) None of the lots of Petitioner's subdivision as described may be occupied for residential purposes until an occupancy permit is issued under authority of the. City and no occupancy permit shall be issued prior to the acceptance of the subdivision and to the time that the sidewalk paralleling the street for each developed lot proposed to a occupied, is installed as a part of the development; provided that all sidewalks as required by the plans and subdivision code shall be installed throughout said subdivision not later than 3 years from the date of this Subdivision Improvement Contract. (b) All landscaping trees on that portion of each lot between the public sidewalks and the curb (parking area) is required, shall be planted in place prior to final inspection and issuance of occupancy permit for each such lot in the subdivision. Provided that final inspection and applicant for occupancy permit occurs within any calendar month from October to April of any year, such plantings may be deferred until the next following growing season. In any event, all landscaping and trees in all areas shall be planted and in place within the entire subdivision within three (3) years from the date of this subdivision improvement contract. (c) After tentative City acceptance of the public improvements, the Petitioner agrees to place an asphaltic concrete Class "8" overlay on all roads within the development; placement scheduling to be approve by the City. (d) Compliance with all terms and provisions specified theretofor said subdivision development by the Council and the Planning Commission of the City of Tigard, Oregon, in regard to variances allowed from the subdivision ordinance, conditions specified by the zone use classification and, also, on the approved plat(s) and plan(s). (e) Petitioner agrees to provide for correction of any defective work and/or maintenance becoming apparent or arising during the guarantee period as hereinabove set forth. (9) At such time as all public improvements have been completed in accordance with the City's requirements, Petitioner 3h4Lll notify the City of the readiness for final inspection and upon certification by the Department of Public Works that all requirements of the City have been met, the Council agrees to accept said improvements for operation and maintenance responsibility, thereinregard, and release the Petitioner's guarantee bond. (10) The parties hereto hereby adopt the form of performance bond, copy whereof is hereto attached and by reference made a part hereof, and Petitioner agrees to cause to have said bond executed and filed with the City concurrently with the execution of this agreement at or prior to the time this agreement is executed on behalf of the City. (11) The specific requirements of Paragraph 9 hereof shall for all purposes be included as a part of the obligation secured by the aforesaid performance bond and the City shall be entitled to recourse thereto in the event of default on the part of the Petitioner with respect to any requirement thereof. C. — 3 — IN WITNESS WHEREOF. Petitioner acting by and through its duly authorized undersigned officers pursuant to resolution of its Board of Directors has caused this agreement to be executed, and the City acting pursuant to motion of its Council,�.�,dopted at a Nmegt* thereof duly and regularly held on the a flay of 4 � ��r 14 '' — has caused this agreement to be executed by its Mayor and Recorder. Waverly Construction Co. Inc. By• e4 =fN 'Ei prey By: THE CITY OF TIGARD, OREGON or ®. Recorder {Attach Notary Acknowledgement hereto} STATE OF OREGON. County of----------Washington................ )as I Personally appeared ..IGBrneth--L• ...Wayakire.......................Xat � ......who,beinA duly sworn. did.-gay that ftXg i3ElClIPxeJj'!t j ag ...........ha..is...the ...prosidene a tx idet9est bt i' ot....... ............_.aoss�t+rfac Waverly............. Consertl�tion..Company. ..----.... a corporation i SM that the goal affi:d to the foredoind instnraw-Rt b the oorporata seat of said corporation and that said irutrumant was shied and sealed in be- fsaid oparato d Im n Of bgb ittg volunArd 0' tary act and d. instruBe t1! .............................................. (OSEIAL) s Retu Mary Public Oreton pir cornagnicn e:piroar (p' -P7 lults5 sW Riverwood Lane - Tigard, OR 97223 (oo7as) _ 4 _ f , PERSONAL SURETY PERFORMANCE BOND Construction Co. Inc . KNOW ALL MEN BY THESE PRESENTS, that we, Waverlym an as Principal, and as Sureties, are held and firmly bound to t e CARD, OREGON, as Obligee, in the sum of $�c,-41-4,00 , for the payment of which, well and truly to be made, the said Principal and Sureties bind themselves; their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such, that whereas the Principal entered into a certain contract, hereto attached and by this reference made a part hereof, with the Obligee, CITY OF TIGARD, dated the - day of 9 19 85 , known as the Subdivision Compliance Agreement for e seyi�iT� NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all the undertakings, terms, conditions and agreements of said contract during the original term of said contract, and any extensions thereof that may be granted by the Obligee, with or without notice of to the sureties, and shall also well and truly perform and fulfill all the undertakings, terms, conditions and agreements of any and all duly authorized modifications, notice to the Sureties being hereby expressedly waived, then this obligation to be void; otherwise to remain in full force and virtue. In the event suit or action be filed by the Obligee hereunder to enforce said contract or to recover under the terms of this bond, in addition to all other rights and remedies hereunder the City, in the event it shall prevail, shall be entitled to recover such sum as the Court may adjudge reasonable as and for attorney's fees. i By: � � By: resident Ke h W ay; By' Roberta A. Waymire Principal Sureties STATE OF OREGON ) as. County of Washington ) Kenneth L. Waymire and Roberta A. Waymire being first duly sworn, on oath depose and say; each for himself and not for the others: (1) That I am a resident of the State of Oregon an a freeholder therein; (2) That my net worth over and above all just debts, liabilities and exclusive of property exempt from execution is a sum equal to or in excess of the liability expressed in the foregoing bond. U. ay re _ o era A. aymi.re .44 Subscribed and iworn to before me this 17 day of October , 19 85 • ota lic for Oregon My Commission Expires: CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY n AGENDA OF: November 25, 1985 AGENDA ITEM pit: 10. 1 DATE SUBMITTED: November 14,L 1985_ PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Fountains (Phase II) Sanitary and Storm Sewer Compliance Agreement & PREPARED BY: Development Services Dept Ji Performance Bond; authorize Mavor -� & Recorder to execute in City's REQUESTED BY: John Hagman behalf. DEPARTMENT HEAD OK: /fl/�� CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY 1. The proposed "Fountains (Phase II)" sanitary 6 storm sewer project is located northerly of S.W. Summerfield Drive at S.W. 114th Court. The preliminary plat has been approved by the City. 2. The attached Sanitary & Storm Sewer Compliance Agreement and Performance Bond has been submitted by the developer, as is required by the City, to assure completion of installation of all public sewer facilities. 3. Construction plans are ready to be issued and all required public improvement fee's have been paid. ALTERNATIVES CONSIDERED SUGGESTED ACTION Authorize the Mayor and City Recorder to execute the Sanitary & Storm Sewer Compliance Agreement for "Fountains (Phase II)" in behalf of the City, and, also, accept the Performance Bond therefor. t (RC:pm26) r � 1KNEWW"Nimm- -Kim — SANITARY 6 STORM SEWER COMPLIANCE AGREEMENT THIS AGREEMENT dated this S Tl-` day of 19 85 between the CITY OF TIGARD, a municipality of the State of Oregon, hereinafter termed the "City", and Tualatin Development Co., Inc. hereinafter termed "Petitioner". W 1 T N E S S E T H: WHEREAS, Petitioner has applied to the City for approval of construction of a public mainline sanitary and storm sewers, to be known as Phase II Fountains Sanitary and Storm Sewer Extension being 4AO 4.9 '00 —a' i castrated on the attached Exhibit "A", and by reference made a part hereof; and WHEREAS, the City of Tigard requires applicants for construction of public sewers, and appurtenances thereto, to submit to construction plan review, construction inspection and testing, and, further, to provide performance assurances, to grant public easements and to remit payment of relevant fees and charges; and WHEREAS, the City has approved and adopted the Standard Specifications for Public Works Construction by APWA, Oregon Chapter, and Sanitary Sewerage rules, regulations and specifications for sanitary sewers via Ordinance No. 84-58 and amendments thereto; and WHEREAS, the public sewer improvement required to be constructed by the petitioner is incomplete, but petitioner has nonetheless requested that the .City permit granting of easements to the public, and the parties herein named desire to protect the public interest and assure that the improvement will be installed as required and completed within the time hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing premise and the covenants and agreements to be kept and performed by the petitioner and petitioners surety, IT IS HEREBY AGREED AS FOLLOWS: 1. Petitioner shall proceed to complete all public sewer improvements shown on the improvement plan, approved by the City of Tigard and prepared by Cooper Consultants, Inc. (Tigard, OR) dated 10-19-84 ; said improvement to be completed no later than one (1) year from the date of this agreement and Petitioner hereby agrees to comply with all rules, regulations and specifications set forth by the City and, to use only such materials and to follow such designs as is required to conform thereto. Petitioner, via a registered civil engineer, shall provide certification of installation conformance, to the City prior to City inspection of petitioners improvement work for initial City acceptance. 2. To assure compliance with the City's requirements and the provisions thereof, Petitioner agrees to obtain, provide and tender to the City, a surety bond(s) in form approved by the City, with liability in an amount equal to the contract price of $ 27,040.00 prior to City issuance of a permit or approved construction plans for construction of said improvements; said bond shall not be required to be tendered to the City if the Petitioner satisfactorily completes installation and provides the aforesaid certification and easements to the City prior to applying for sewerage system building connection permits; Petitioner's contractor shall be licensed, bonded, and insured. ll fail, neglect or refuse to proceed 3. In the event that the Petitioner and shrogressive manner to assure completion with the work in an orderly P within the time specified, upon ten (10)eddys da such t default tandCfailure the Petitioner and the Petitioner's surety. at its option proceed to have proceed continuing thereafter, the City may the work completed and charge the costs thereof against the Petitioner and ' surety and in the event the same be not paid, bring an the Petitioner's thereof. action on said bond to recover rt amount the Petitionertse surety su hall be Petitioner action be brought, the d a in addition to the amounts accruing required to promise and agree to pay, and allowable, such sum as the court shall adjudge reasonable as incurred by the City, both in the Trial Court and attorney's fees and cost Appellate Court, if any, or the City may at its option bring proceedings specific to enforce against the contrer and/or Petitione a iand ncompliance with the rstandardsy adopted by performance of the c the City the City of Tigard, and in any event, in a like adjudge be � reasonableforthe nne entity"d to recover such sums as the court may City attorney's fees and cost, both in the Trial Court and and Appellate Court, if any. with the execution hereof, agrees to pay the 4. Petitioner, concurrent following fees and charges: inspection a. A plan check and tion fee lanscoand,ver t in he c the st oCity is int rest, public mainline construe P periodic inspection of mainline construction (except building connections) in the amount of $1 081.60 b. A connection permit fee to cover the cost Of processing performing sanitary sewerage connection permit applications inspection of building tonreconnection of Said buildingt sewersbe determined to (this) levied, and paid p public mainline sewer. ike c. A surcharge to connect directly mainlineindirectly sanitary trsewerinwhichcawas ble word) to an existibg public installed without cost to the Petitioner. Said surcharge to be determined, levied, and paid (by the Petitioner) in accord with terms of agreement between the City and N/A d. A monthly sewer service charge for use of the public sanitary sewer system. 5. While the City agrees to make ssureperiodic complisaceInspections Petitioner the egress yto Judgment, is necessary to in accord provide certification that the mproovement has been improvement plan;insaidlcertification with City standards and the apprved to be signed by a registered civil engineer. 6. The Petitioner agrees to id e city rdance notice of commencement of construction and, ao, 1hoadvance noticeof requested field inspections. 7. The Petitioner agrees to insure that Petitioner's engineer obtains accurate as-built (field) construction records of said sewer installation te and, also, agrees infurther, with accurate that thCity is furnished legalidescriptionsone aof as-built mylar therere and,of all necessary easements. 8. At such time as all public improvements have been completed in accordance with the City's requirements, Petitioner shall .submit the aforesaid "certificate of installation conformance" to the City to notify the City of readiness for conditional acceptance inspection and, then, upon notification by the City that all requirements have been met, the Petitioner will submit to the City a good and sufficient maintenance bond, in form approved by the City, in a sum equal to twenty percent (20X) of the contract price to aeaure correction of any defective work or _ maintenance becoming apparent or arising within one year after conditional acceptance of the public improvements by the City. 9. Upon receipt of certification from the Department of Development Services that all requirements have been met, and a one year Maintenance Bond, the City Council agrees to accept the public improv4 ,ients subject to of Petitioner's correction of deficiencies, and mainte .<:ie, for a period of one year. 10. That Petitioner, in consideration of City approval of the application to construct a public sanitary mainline sewer within the boundaries of easements held by or to be held by the City, doe, hereby covenant and agree to save, hold harmless and indemnify the City, its officers, agents and employees, for and from all claims, demands, damages, and each and every other obligation that can or could arise from the neglect of Petitioner, his officers, agents, contractors and employees, or from trespass upon property outside of the easement area, including attorney's fees and costs, if any, necessarily incurred by the City in defending against such claims, with the intent and purpose that the City shall be made whole with respect to any amounts it may be required to pay or be • held liable for in connection with exercise of real or assumed privileges afforded Petitioner for sewer construction purposes. IN WITNESS WHEREOF, the parties have executed this agreement purs,iant to authority vested in each of them. CITY OF TIGARD: PETITIONER: Tualatin Development Co., Inc. eo BY: V/CZ BY: City Recorder (Attach Notary Acknowledgement hereto) Return Signed Copy to: Tualatin Development Co. 15300 S.W. 116th Ave. Tigard, OR 97223 Re (JH:pm/0223S) .4. tt I f•Iw.• <r�'fr al all fl oo CAW • e-Jdr. .• Jr• J r r 12 ale ��.._ r• �.,t.a rra r` foll fa�.vr J SAW ows JY-.- -71 ••. - t SAM . SEW. STORM SEW. SANITARY & STORM SEWER PERFORMANCE BOND Bond No. 8107-19-02 KNOW ALL MEN BY THESE PRESENTS, that we Tualatin Development Company, Inc. as Principal, and Federal Insurance Company a corporation duly authorized- to conduct a general surety business in the State of Oregon, as Surety, are jointly and severally held bound unto the City of Tigard, Oregon, a municipality of the State of Oregon, hereinafter called the Obligee, in the sum of $ 27,040.00 ,lawful money of the United States of America, for the payment of which we, as Principal, and as Surety, jointly and severally bind ourselves, our successors and assigns firmly by these present. THE CONDITIONS OF THIS BOND AND OBLIGATION IS SUCH, that the Principals aro constructing public sanitary and storm sewer extension improvements-Phase_;I Fountai located in the City of Tigard, Oregon, and have entered into a Sanitary & Storm Sewer Compliance Agreement with respect to timely development and improvement thereof, a< copy of said Agreement is attached hereto, and by reference wade a part hereof, and NOW, THEREFORE, if the Principal herein shall faithfully and truly observe and comply with all terms of the Agreement and shall well and truly perform all matters and things undertaken to be performed under said Agreement and under all ordinances, regulations and conditions of the Obligee applicable to said development and improvement, and shall promptly make payments to all persons supplying labor or material for any of the work provided by said j agreement, and shall not permit any lien or claim to be filed or prosecutioned "ainst the Obligee, then this obligation shall be void, otherwise to remain in full force and effect. In the event of suit or action be filed by the Obligee hereunder to enforce said contract or to recover under the terms of this bond, in addition to all other rights and remedies hereunder, the City, in the event it shall prevail, shall be entitled to recover such. Sums as the Court may adjudge reasonable as and for attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this bond to be executed this 11th day of October lg 85 Tualatin Development Co., Inc. �7nci . By: seal (seal) Ny; seal (seal) (A true copy of the Poser of Attorney Federal Insurance Company must be attached to the original of Surety this bond.) A orney-in-Fact (M27P) POWER OF ATTORNEY Know all Men by these Presents,That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road.Warren,New Jersey,a New Jersey Corpora- tion,has constituted and appointed,and does hereby constitute and appoint Nancy L. Kummer, Raym•)nd R. Whites •T Lm^:: 7n.' Hartley P. Walker and Leslie L. Rudat of Pittsburgh, Pennsylvania------------------------------ each Its true and lawful Attorney-In-Fact to execute under such designation in its name and to affix Its corporate seat to and deliver ton anti on ds behalf Rs surety thereon or otherwise, bonds of any of the following classes. to wd 1 Bonds and Undertakings tiled in any suit,matter or proceeding in any Court,or Filed with any Sheriff or Magistrate,for the doing or not doing of anything specified in such Bond or Undertaking. 2 Surety bonds to the United States of America or any agency thereof,including those required or permitted under the laws or regulations relating to Customs or Internal Revenue;License and Permit Bonds or other indemnity bonds under the laws,ordinances or regulations of any State,City,Town,Village. Board or other body or organization,public or private;bonds to Transportation Companies,Lost Instrument bonds;Lease bonds,Workers'Compensa- tion bonds, Miscellaneous Surety bonds and.bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials 3. Bonds on behalf of contractors in connection with bids,proposals or contracts. In WNM"Whereof•the said FEDERAL INSURANCE COMPANY has.pursuant to ds By-Laws.caused these Presents to be signed by its Assistant vice-president and Asarslant Secretary and its capaale seal to be hereto anuisd alts 7th day of December i9 33 Corporate Sea yf' y FEDERAL INS ANCE C07ANY By Goirif(gis McClellan t. 1. rind b O'Connor i Assistant YMpa-PresFNrt/ Assistant Seeretary STATE OF NEW JERSEY as. County of Somerset On Iola 7th day a December 19 93 .Oelore me p*#eonalfy,tame Rncferd D O'Connor to rhe known and try no known ID be Asa aunt Secretary of the FEDERAL flh EURMICE COMPANY,the Corporation described on nod which executed the foregoing Power of Attorney."the said Richard D O'Connor being by me duty sworn.did 1 9' and say that he a Asatstant Secrelafy *#"FEDERAL INSURANCE COMPANY and knowri the corpaafe seal that".that the awl affixed a the foregoing Power of Attorney is such corporate a"and was thaslo athxsd by autltomy of the By-Laws of a"Company.and enat he signed aid Power OI Attorney M Assistant Secretary of sed Corrlpany by has Whonly and that he is aCguaMed with George McClaban and knows nem to be the Assistant Vtce-President of sed Company,and that one sgnelufe of said GOdga Aftea ian subscribed to Nd Power of Attorney to M the genuthe handwriting of sad George MCClaian and was thereto subscribed by authority of said Sy-Laws and M depunenl a presence Notelet Sell L�O \G� 9 Ackntwiedged and Sworn b befoe ime .r on the data above erryaen Q hill.ARY X Niiary Public �J FOR CERTIFICATION STATE of e�w JERSEY l N3iARY PUBLIC GF liEy! JERSEY SS. County of Somerset I lune 16, 1983 My Comrn.sston Eq ttri 1,the urinersrgned.Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hot"cenity,that the followng to a true s■c*#pt from the By-laws of the said Company M adopted by its Board of Directors on Marc"1 t. 1953 and most recently amended March 11,1963 and that Into By Low is M full farce and Offset "ARTICLE%vlu section 2 All Ootids.undertakdo p,contrects and other instruments other than M above for and on behalf of the Company which to is authorized by law as ma Chan*#to execute,may and MIM bo exec~M the name and on MMN of"to Company enho by the Chaurtett or 1M Vice-chairman or the Pfesdem of a Vice-president.jointly with the Secretary,of an Assistant Secretary.order their respective Wftgnatione.except that any one or more o ficas or allaneys•uwlecl desgnaled in any resolution of one Board of Directors or the Executive eormmibets, or M any power of wi rutty executed M ptevded for in Section 2 below.tray execute arty own bond.undertaking of ether bbdgalabn M provided on such rpbluten of power of atlOmey Seewo n 9 AN powers d abormey Ion aid on be"W of the Company may and NW be axecul d in the name and on behalf of the Company.saner by the Chasmat or gni Veow Chawnen or the Presiderit oraVc►P»axlak eat Aanslant Vic&Prssdera,pwiyw,Ih#wSecretaryaranAMglaN Secretary.under them reapeclive deagnaliohe The spnatured such obicars may be ergraved.primed or Mhegeaptted- I bather Centfy bed tad FEDERAL MEURAM M COMPANY a duly licensed to bantaid fideMy and surety buewMs in each d the Sti1M of the United Sues of America.Distract of Columbia.Puerto Raw.and each of be Provoric"of Canada with the exception or Prang Edward I I .and is alaoduty'ceraW do become ttoN surety on bonds.und*#takaga,etc,permitted or repused by law 1.the undersgned Assista a Secretary of FEDERAL INSURANCE C VM►ANY.do hereby cenlfy that the toregoag Power of Attorney is in full force and~I Ghr"under myhand and the seal ofsandCompany&I Warren.N.J.Ohm 11th 011Yw October .19 85 "aporsteSow ;} ,,: m if 4Z?-,_ i5p . AaaltearNsetsslaty 4tely JES`y'� P11i�,IEp _ Farrn21-10a=(Ed 7•11MGENERAL uta CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 25, 1985 AGENDA ITEM #: /0' / (0 DATE SUBMITTED: November 13, 1985 PREVIOUS ACTION: Public Hearing ISSUEIAGENDA TITLE: Northwest _ on October 28 1985 _ Tigard Annexation PREPARED BY: Elizabeth A. Newton REQUESTED BY: City Council W DEPARTMENT HEAD OK: q' t� CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY On October 28, 1985 the City Council held a p-blit hearing to consider annexation of 88.08 acres into the City of Tigard. The property is located south of Old Scholls Ferry Road north of the current western City boundaries and east of SW Murray Blvd. At that meeting, the Council directed staff to prepare a resolution for annexation for those areas south and east of lower Scholls Ferry Road. The resolution is attached for your review. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution to forward the Northwest Tigard Annexation to the Boundary Commission. 2. Modify the attached resolution. 3. Deny the attached resolution. SUGGESTED ACTION l` Adopt the attached resolution to forward the Northwest Tigard Annexation to the Boundary Commission. (EAN:pm/2133P) Councilor Brian noted that his understanding was that the city staff from Beaverton and Tigard would strike an agreement to have Tigard handle all construction phases and inspections for the total improvement to give more continuity for the development process and the Murray/Scholls Extension issue. Opponents: • Gale Stover, Rt. i Box 381 Beaverton, declined to speak since the APAA resolution was adopted and addressed her concerns. Brad Hodges, Rt. 1 Box 364A Beaverton, withdrew his request to speak. d. Planning Staff recommended approval based on the APAA agreement. e. Public Hearing Closed f. Motion by Councilor Brian, seconded by Councilor Edwards to direct staff to prepare resolution to approve annexation for those areas south and east of lower Scholls Ferry Road. Staff was also directed to get a letter from Beaverton showing agreement to Tigard handling construction phase inspections for the total Kruger development. Approved by unanimous vote of Council present. 8. PUBLIC HEARING — COMPREHENSIVE PLAN AMENDMENT CPA 11-85 and ZONE CHANGE ZC 13-85 SOUTHERN PACIFIC NPO #5 Located north and south between I-5 and 72nd Avenue and north of Upper Boones Ferry Road. (WC1'M 281 1200, Tax Lot 600 and WCTM 2S1 120A Tax Lots 100 i 101) a. Public Hearing Opened b. Keith Liden, Associate Planner, explained the request and the comprehensive plan an zone change issues. C. Public Testimony: No one appeared to speak d. Planning Staff and Planning Commission recommended approval e. Public Hearing Closed f. Motion by Councilor Scott, seconded by Councilor Brian, requested staff to prepare ordinance to approve request as outlined in the staff report. .� J j.+?t h•K COMPREHEUSIVE.PLAN Af'IENOI NT CPA 12--85 AND ZONE CHANGE ZG jL"StISE. /NATIONAL APPLIANCE COMPAN1f NPO �2 Lx►cat �b t�81�5 SM nburg."Road;(WC1i1 iSi 35BC.;Tax Lot 900) a. Public Hearing Opened Paje_ 8 COUNCIL MINUTES — OCTOBER 28 1985 ' b. Some members of the Park Board encouraged the Council to not include recreation funding as part of a tax base measure. but to consider it as a separate levy. C. After further discussion regarding budgeting and funding requirements, the Council expressed their appreciation for the draft of the recreation study and thanked the Park Board for their input. 6. ANNEXATION AREA PLANNING AGREEMENT a. Councilor Brian and Richard Boberg (NPO #7 Chairman) recommended Council adopt the resolution which is in the same form as that adopted by the City of Beaverton on 10/21/85. b. RESOLUTION NO. 85-82 A JOINT RESOLUTION BETWEEN THE CITY OF BEAVERTON AND THE CITY OF TIGARD DECLARING AND SUPPORTING MUTUAL ANNEXATION PLANNING AREAS OF AGREEMENT (APAA). C. Councilor Brian withdrew his motion to approve the first draft of Resolution No. 85-82 with consensus of Council present from the 10/14/85 Council meeting. d. Motion by Councilor Brian, seconded by Councilor Edwards, to adopt Resolution 85-82 draft dated 10/28/85. Approved by unanimous vote of Council present. 7. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT CPA 9/85 THE NORTK4EST TIGARD ANNEXATION, NPO #7 A request by the City of Tigard to consider annexation of 88.08 acres into the City of Tigard under ORS 199.490(2)(a) Triple Majority Annexations. The land is located south of Old Scholl* Ferry Road north of the current western City boundaries and east of SW Murray Blvd. (WCTN 1S1 33C, lots 1200, -1100, 601, 602, 604, 600, 603, 500, 502, 503, 400, 300. 501, 700, 301, 800. 1301, 1302, 1300. and 1101). a. Public Hearing Reopened - Continued from 10/14/65 b. Acting Administrator stated that based upon the adoption of the APAA Resolution, Council may. want to modify the staff recommendation .to annex only thoseportions of land to the east of Scholl* Ferry �e:id. Ne��elso';ltatad;,t ,'a: lemtft.r had been hlrciivod f. mr. 6 Mrs. Frank:rw*enson.ene cu raging- annexation of the entire area to the City of Tigard. C. Public Testimony: s 't$:• t 3515 SW .Barbur Rlvd rs , ee:�rwgo; approval :Ae9d gitastionard 'iww :the development of his pwty would be handled _ would be in Beaverton and part in, Tigard'. ©041NICZL MINUTES - OCTOBER 29, 1995 T I G A R 0 C I T Y C O U N C I L h REGULAR MEETING MINUTES — OCTOBER 28, 1985 — 7:00 P.M. 1. ROLL CALL: Present: Mayor John Cook. Councilors: rom Brian, Jerry Edwards, and Ima Scott; City Staff: Bill Monahan, Acting City Administrator 6 Community Development Director; Tim Ramis, Legal Counsel; and Lorean Wilson, Deputy City Recorder. , 2. CALL TO STAFF AND COUNCIL FOR NON—AGENDA ITEMS a. Acting Administrator requested item 14.6 be pulled from Consent for brief discussion and item #9 be tabled at the applicant's request. b. Consensus of Council was to approve requests. 3. PUBLIC HEARING PORTLAND FIXTURE/S & J APPEAL CPA 3--85 FULL EVIDENTIAL HEARING NPO 07 A request by the City of Tigard City Council for a re-hearing on an application filed by Portland Fixture to amend the Comprehensive Plan and Zoning designation from CP (Commercial Professional) to CG (Commercial General) for a 1.9 acre site located on the south side of Scholls Ferry Road, west of Greenway Town Center (WCTM ISI 346C lot 400). J a. Public Hearing Opened b. Motion by Councilor Brian, seconded by Councilor Edwards to continue the public hearing to November 25. 1985 at 7:00 PM. Approved by unanimous vote of Council present. 4. VI>$BTO ,9 A:gmbA a. Mr. Bob Bledsoe, 11800 SW Walnut, suggested Council way wish to view a film regarding sewer options prepared by EPA. b. Council directed staff to review the film and bring to Council if At 11aems appropriate., s F is o Parc .# r4 _ Pruftent: Chairman Jim Blaurock, Pat Biggs, �f>ltty' +�e , st>�``sl ugh. for. John Mahler, recreation study lid e�or+B ZY Oft difit uiew the' tion IfialUd loonr ing ?jM ioritiawe$itxti eilith' �tte, u $�Dri} C4efii ,,, t � <s ior: f�,infottion. �ryti;'F' F t,�..�'�,t >. z_�^ y, ` � ^f i �•� � .��y 1,� ^1t: .. 1 y, ? .+ �'S +. t._v 1'�' ' r{�-�' • j CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM 4$MARY f AGENDA OF: November 25, 1985 AGENDA ITEM B: Q + DATE SUBMITTED: 11-14-85 PREVIOUS ACTION: N/A ISSUE/AGENDA TITLE: Intergovernmental Agreement with Washington CountY PREPARED BY: Chief of Police REQUESTED BY: Washington County DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Intergovernmental agreement between the City of Tigard and Washington County as provided for under ORS Chapter 190. INFORMATION SUWARY County Ordinance No. 300: An Ordinance providing for the civil forfeiture of real, personal and intangible property which facilitates the commission of certain crimes; and authorizes civil action to enforce such forfeiture. The Intergovernmental Agreement authorizes and provides for enforcement within the boundaries of the city, and sharing of any proceeds derived from such forfeitures. The major targets would be narcotic dealers, prostitution And gambling activities. ALTERNATIVES CONSIDERED The City considered an amendment to this agreement, a hold harmless clause; however, this was rejected by the County Council. See attached memorandum fran the City Attorney, and letter from County Council. 3 SUGGESTED ACTION Recannend entering into this agreement at this time. See attached agreement. Res fully,, 1R.S Adams, ;Chief of-Police �w s= O'DONNELL, RAMIS, DATE November 4, 1985 ELLIOTT & CREW ATTORNEYS AT LAW TO Bob Jean, Tigard City Administrator 1727 N.W. HOYT STREET Chief Robert Adams, Tigard Police Dept. PORTLAND, OREGON 97209 FROM Tim Ramis, Tigard City Attorney (503) 222-4402 RE Ordinance No. 300 - Forfeiture Agreement: Hold Harmless Clause As you can see from the attached letter, Washington County will not accept the Forfeiture Agreement with the hold harmless clause we requested. By including this clause in the ordinance, we were attempting to place the burden of the defense of any claims on the county's insurance carrier rather than our own. In my view, the clause is not essential to our adoption of the ordinance. It appears that the forfeiture ordinance will be a positive economic benefit. In the event of litigation, the County will be the target defendant because it will be taking the active role in seizing property. I recommend that the ordinance be readopted without the hold harmless clause. Enclosure z. TVR:mch 11✓4/85 WON �%� WASHINGTON COUNTY t v, ADMINISTRATION BUILDING — 150 N. FIRST AVENUE . HILLSBORO, OREGON 97124 BOARD OF COMMISSIONERS October 22 , 1985 COUNTY COUNSEL 1100M 401 WES MYLLENBECK. Chairman +5031 646-6747 BONNIE L. HAYS, Vlce Chairman EVA M. KILLPACK JOHN E. MEEK LUCILLE WARREN R. B . Adams Chief of Police City of Tigard 9020 S.W. Burnham P.O. Box 23397 Tigard, Oregon 97223 RE : Ordinance No. 300 - Forfeiture Agreement Dear Chief Adams: Thank you for responding to our proposed agreement authorizing County enforcement of Ordinance No. 300 (Civil Forfeiture ) within the City limits of Tigard. Unfortunately , County policy is to not accept agreements with modifications such as you propose. It is the position of this Office that a "hold harmless" clause is unnecessary and unwise. This is a Washington County ordinance and the County would not be acting as your agent but its own independent governmental jurisdiction. The only role your City has is a sharing of any proceeds derived from forfeiture. This has been the policy with all other cities. None have refused to sign the agreement without the proposed clause. I hope that Tigard will be so inclined. For your convenience , I have enclosed a copy of the agreement as originally submitted. Very truly yours, Dhn R. Olsen xr= Assistant County Counsel ORO:dee Enc . 4: 0654m _ an equal o�tr,rrrlttrrif,r entjh,rrr E THIS AGREEMENT , made and entered into as of the day of 19_, by and between 14ASHINGTON COUNTY , a home rule subdivision of the State of Oregon (hereinafter referred to as "County" ) and the CITY OF TIGARD , a duly incorporated city in Washington County (hereinafter referred to as "City" ) . W I T N E S S E T H WHEREAS , County has adopted Ordinance No. 300 providing for the seizure and civil forfeiture of certain property used to facilitate certain crimes in the unincorporated portions of the county , and providing for enforcement of the ordinance within the boundaries of municipal corporations in the county , upon intergovernmental agreement for such enforcement ; and WHEREAS, City desires that said seizures and forfeitures be regulated under and made subject to County ' s Ordinance No. 300, except as otherwise provided herein ; and WHEREAS, pursuant to ORS Chapter 190 the parties wish to enter the following agreement for the performing of the functions described in County ' s Ordinance No . 300. NOW, THEREFORE , in consideration of the mutual covenants contained herein , the parties agree as follows : 1 . County Ordinance No. 300, attached as Attachment "A" and fully incorporated herein by this reference shall be enforced within the boundaries of the City the same as if the ordinance were an ordinance of City . The term "Washington County " appearing in Ordinance No. 300 shall be deemed to include City for the purposes of the agreement. 1 - AGREEMENT W m �m 2. The initial term of this agreement shall commence upon �T. the date of its execution by the City and expire on June 30 , 1985 subject to earlier termination under paragraph 3. Upon the expiration of the initial term and any subsequent term, this agreement shall be automatically renewed for a successive one year term, unless written notice of termination is served by one party on the other thirty ( 30) days or more prior to June 30 of the current year. 3. Either party may terminate this agreement prior to expiration of the agreement by serving written notice on the ether, delivered by certified mail or in person , at least 60 days prior to the effective date of such early termination. By mutual written consent of the parties , this agreement may be terminated, effective immediately, or at such time as the parties provide. 4. Any notice provided for in this agreement shall be served upon County by delivery to its Clerk of the Board of Commissioners , County Courthouse , and upon City by delivery to P--Q-- ox 23392. Tigard OR 97223 5. This Agreement contains the entire agreement between the parties and supercedes all prior written or oral discussions or understandings , express or implied. 2 AGREEMENT 6. No modifications of this agreement shall have effect • unless and until reduced to writing and signed by the authorized representatives of the parties, OREGON BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON . u oriZed Representative Chairman Date Executed: /1- _ `� '!, Date Executed: A s 3 - AGREEMENT CITY OF TIGARD Memorandum To: Mayor and Council November 21 , 1985 From:City Administrator Bob Jean IV Re: Police Chief Recruitment I have set the December 2 agenda to allow time to discuss the Police Chief recruitment process. Hear .nr; from Council its desire to begin as soon as possible , we need to get the re- cruitment ads out now to hit the December and early January publications. I recommend that Council move to place the attached Police Chief recruitment in at least the following: 1 . ICMA Newsletter 2. LOC Newsletter 3. Western Cities Magazine 4. Washington Cities Newsletter 5. IACP Magazine 6. Laty and Order Magazine 7. Sunday Oregonian t twice ) 8. Job Available POLICE CHIEF (Pop. 21,000) 86-87 Budget $1 .4M Current Chief Rapidly growing retiring. after 16 years . Rap y g g Portland metropolitan area suburban community. Desire progressive and confident individual with experience in Police-Community relations ; { organizational development and employee involvement ; strong budgeting, management skills. Batchelors degree preferred; 5 k years senior command level law enforcement experience required . Salary negotiable currently $38,300 plus excellent benefits. Send resumes to : Personnel Director, PO Box 23397 City of Tigard , OR 97223 by : 1/31/86 Equal Opportunity Employer i f F¢: 1 E it E. f. `fk G Z j� 0 44 i F C . E f h MWE E Ad for OREGONIAN Police Chief - B.S. plus 5 years command experience. Salary negotiable. Send resumes to: Personnel Director PO Box 23397 City of Tigard OR 97223 by: January 31, 1986. Equal Opportunity Employer �Y CITY OF TIGARD REQUEST FOR PROPOSALS FOR DATA PROCESSING iiARDWARE AND SOFTWARE October 31, 1985 0 i NOTICE TO PROSPECTIVE BIDDERS _ Sealed bids for data processing hardware and software will be received by Doris Hartig, City Purchasing Agent for the City of Tigard, at 12755 S.W. Ash Avenue, P.O. Box 23397, Tigard, Oregon, 97223, no later than 3:00 PM, PST, Monday, December 2, 1985, at which time the bids will be publicly opened and read. Under no circumstance will any bid be considered that is received after 3:00 PM on Monday, December 2, 1985. Sealed bids must be clearly marked ."Bid for City of Tigard Data Processing Hardware and Software". No proposal will be considered unless accompanied by bid security in the form of a certified check or a bid bond in an amount equal to ten percent (10%) of the Total Bid. Bidding documents for the work are available during the bidding period at the City of Tigard, 12755 S.W. Ash Avenue, Tigard, Oregon. All bids must be submitted on forms provided in the bidding document. Pursuant to ORS 279.035, the City of Tigard may reject any bid not in compliance with all prescribed bidding procedures and requirements and may reject all, bids if, in the judgment of the City Council, it is in the public interest to do so. t` F City of Tigard - Computer RFP 1 v¢ TABLE OF CONTENTS page number NOTICE TO PROSPECTIVE BIDDERS 1 TABLE OF CONTENTS 2 PART 1 GENERAL CONDITIONS 5 SECTION 1. 1 PURPOSE 5 SECTION 1.2 POINT OF CONTACT 5 SECTION 1.3 SCOPE OF WORK AND CONTRACT TERMS AND CONDITIONS 5 SECTION 1.4 SCHEDULE OF EVENTS 5 SECTION 1.5 ADDENDA TO THE REQUEST FOR PROPOSALS 6 SECTION 1.6 PROTEST ON BID SPECIFICATIONS b SECTION 1.7 RESPONSE DATE b SECTION 1.8 VENDORS' PROPOSALS 6 SECTION 1 .9 MULTIPLE PROPOSALS 6 SECTION 1.10 PROPOSAL PREPARATION 6 SECTION 1 . 11 ACCEPTANCE OF PROPOSAL CONTENT 7 SECTION 1.12 PRICE QUOTATION IN PROPOSAL 7 SECTION 1. 13 LEASE, PURCHASE, OR FINANCE DECISION 7 SECTION 1.14 EVALUATION OF PROPOSALS 7 SECTION 1. 15 PRIME CONTRACTOR RESPONSIBILTTIES 8 SECTION 1. 16 FOREIGN CONTRACTORS 8 SECTION 1. 17 PUBLIC RECORDS 8 SECTION 1. 19 ERGONOMIC CONSIDERATIONS e PART 2 CONTRACTUAL REQUIREMENT 9 SECTION 2. 1 GENERAL 9 SECTION 2..2 PERFORMANCE SECURITY 9 SECTION 2.3 L.IQUIDATFD DAMAGES 9 SECTION 2.4 EQUIPMENT' AND SOFTWARE RELIABILITY 10 SECTION 2.5 STANDARDS OF PERFORMANCE 11 SECTION 2..6 PATENT AND COPYRIGHT PROTECTION 12 SECTION 2.7 RISK OF LOSS OR DAMAGE (Leased Equipment) 12 SECTION 2.8 RISK OF LOSS OR DAMAGE (Purchased Equipment) 13 SECTION 2.9 CONTRACTOR'S LIABILITY FOR INJURY TO PERSONS OR DAMAGE. TO PROPERTY 13 SECTION 2. 10 TAXES - FFDERAL AND LOCAL_ 13 SECTION 2.11 NON--APPROPRIATION CLAUSE 13 SECTION 2. 1.2 SYSTEMS WARRANTY 14 SECTION 2. 13 PRODUCT SUPPORT 14 SECTION 2. 14 SEVERABILITY 14 SECTION 2. 15 WAIVER 14 SECTION 2.16 INDEPENDENT STATUS OF CONTRACTOR 15 SECTION 2. 17 FAILURE TO PERFORM 15 SECTION 2. 18 RIGHT TO INTERFACE 15 SECTION 2. 19 CANCELLATION 15 SECTION 2.20 ESTABLISHED PRODUCTS 15 SECTION 2.21. SOFTWARE STATUS 15 SECTION 2.22 LIMITATION OF REMEDIES 16 City of Tigard - Computer RFP 2 �g w TABLE OF CONTENTS ( page number PART 3 INFORMATION REQUIRED FROM VENDORS 17 SECTION 3 .1 GENERAL 17 SECTION 3 .2 HARDWARE 18 SECTION 3.3 SOFTWARE 18 SECTION 3 ,4 VENDOR SUPPORT 18 SECTION 3.5 FINANCIAL 2.0 SECTION 3.6 BENCHMARK/DEMONSTRATION 20 SECTION 3.7 FORMS 20 PART 4 THE ORGANIZATION 21 SECTION 4. 1 THE CITY OF TIGARD 21 SECTION 4.2 DATA PROCESSING SYSTEM GOALS AND OBJFCTIVF:S 24 SECTION 4.3 INVENTORY OF CURRENT RESOURCES 24 SECTION 4.4 RESPONSE FORMAT AND CONTENTS 27 HARDWARE'_ 27 SOFTWARE 28 VENDOR SUPPORT 29 TERMS AND PRICING 30 BUSINESS DESCRIPTION 30 REFERENCES 31 DATA ORGANIZATION 31 COMMUNICATIONS 31 MICROCOMPUTERS 31 OTHER MATERIAL 31 SECTION 4.6 EVALUATION CRITERIA 32 HARDWARE 32 SOFTWARE 33 APPLICATIONS 33 SUPPORT 34 PART 5 SPECIFICATIONS 36 SECTION 5,1 ACCOUNTING `;YSTEM 36 INTENTION 36 GENERA!.. SYSTEM REQUIREMENTS 36 SYSTEM DESCRIPTION 36 CASH RECEIPTS 36 ACCOUNTS RECEIVABLE 37 PURCHASES/ACCOUNTS PAYABLE 37 PAYROLL_ 38 JOURNAL ENTRIES 38 GENERAL LEDGER 38 FIXED ASSETS 38 BUSINESS TAX 39 MUNICIPAL COURT 39 PROPERTY CONTROL 39 VOLUME INFORMATION 39 City of Tigard — Computer RFP 3 r' mmo7l TABLE OF CONTENTS page number SECTION 5.2 COMMUNITY DEVELOPMENT SYSTEM 40 INTENTION 40 GENERAL SYSTEM REQUIREMENTS 40 SYSTEM DESCRIPTION 40 PROPERTY MASTER FILE 40 LAND USE APPLICATION PROCESSING AND FILE MANAGEMENT 41 PERMIT PROCESSING AND FILE MANAGEMENT 41 MAPPING INFORMATION MANAGEMENT 42 DESIGN ENGINEERING/SURVEYING AND PUBLIC FACILITY SYSTEMS ANALYSIS 43 FLEET' MANAGEMENT' 43 PUBLIC WORKS OPERATIONS FILE MANAGEMENT 44 CODE ENFORCEMENT FILE MANAGEMENT 45 PUBLIC (CAPITAL) IMPROVEMENT PROJECT FILE MANAGEMENT 46 VOLUME INFORMATION 46 SECTION 5.3 POLICE SYSTEM 47 INTENTION 47 GENERAL. SYSTEM REQUIREMENTS 47 SYSTEM DESCRIPTION 47 VOLUME INFORMATION 50 SECTION 5.4 POLICY AND ADMINISTRATION 51 INTENTION 51 GENERAL SYSTEM REQUIREMENTS 51 SYSTEM DESCRIPTION 51 ELECTRONIC SPREADSHEET 51 REPORT WRITER 51 SPECIALIZED CITY MANAGEMENT SOFTWARE 52 SECTION 5.5 WORD PROCESSING SYSTEM 53 INTENTION 53 SYSTEM DESCRIPTION 53 SECTION 5.6 LIBRARY 55 SECTION 5.7 PROPOSED TERMINAL_ NUMBERS AND LOCATION 56 PART 6 APPENDIX BID FORM 1 SUMMARY BID FORM 59 BID FORM 2 UNIT PRICES AND COST COMPARISONS 61 BID FORM 3 RECOMMENDED HARDWARE CONFIGURATION 64 BID FORM 4 RECOMMENDED SOFTWARE CONFIGURATION 65 BID FORM 5 SOFTWARE SYSTEM COMPARISONS 66 TABLES 1 . ORGANIZATIONAL CHART BY FUNCTION 22 2. ORGANIZATIONAL CHART BY POSITION 23 3. SUMMARY OF CURRENT RESOURCES 25 4. SUMMARY OF SYSTEM EVALUATION REQUIREMENTS 35 City of Tigard — Computer RFP 4 REQUEST FOR PROPOSALS CITY OF TIGARD, OREGON r DATA PROCESSING HARDWARE AND SOFTWARE PART 1 GENERAL CONDITIONS SECTION 1.1 PURPOSE The Request for Proposals (RFP) will provide interested vendors with sufficient information to enable them to prepare and submit proposals for consideration by the City of Tigard. The contract, if awarded, is to be awarded to the lowest responsible bidder. It is the City's intent to select the most cost-effective proposal based on our evaluation of responses. Consistent with the provisions of the bid documents, awards are made in the public interest as determined by the City. The City's RFP purchasing procedures are in accordance with the Local Contract Review Board Rules adopted by City of Tigard Ordinance No. 85-05 with the intent to carry out the State laws to ensure a fair and open contracting process. SECTION 1.2 POINT OF CONTACT Questions pertaining to this RFP should be directed to Donna Corbet, Executive Secretary, City of Tigard, phone (503)639-4171. Questions must be in writing. If appropriate, responses will. be in writing and mailed to all bidders as an addendum prior to bid opening. SECTION 1.3 SCOPE OF WORK AND CONTRACT TERMS AND CONDITIONS This RFP contains the instructions and requirements pertaining to the proposals to be submitted. The Vendor is responsible for all portions of the RFP, including the Notice, General Conditions, Contract Terms and Conditions, System Description, Specifications, Appendices including Bid Forms, and Addenda. These documents shall become part of the Contract should acquisition be made. The contract will consist of an Owner-Vendor Agreement (which shall be in a form acceptable to the City of Tigard), the Vendor's proposal, Executed Bid, Insurance Certificates, and any and all Modifications issued after execution of the Contract. The selected vendor will be expected to enter into the contract terms and conditions included within this RFP. At the time of bid submission, vendors must either indicate verbatim acceptance of the contract terms and conditions or, if exception is taken, list areas of exception and include specific language proposals for those provisions to which exception is taken. Nonsubstantive or procedural changes are the areas which may be noted with exceptions. Failure to respond will result in the disqualification of the vendor. SECTION 1.4 SCHEDULE OF EVENTS The schedule of events for this RFP is as follows: 1. RFP available at City Hall Thursday, October 31, noon 2. Last Date to Submit Questions Monday, November 25, noon 3. Last Date Addenda can be Issued Friday, November 29, 1985 4. Bid Closing and Opening of Sealed Bids at City Nall Monday, December 2, 3:00 pm 5. Selected System Demonstrations December 9 - December 13 6. Contract Awarded by City Council Monday, December 16, 1985 7, Delivery and Installation Monday, March 17, 1986* *or 90 days after ordered, whichever is greater 5 City of Tigard - Computer RFP SECTION 1.5 ADDENDA TO THE REQUEST FOR PROPOSALS . • 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, which can include the schedule of events described above. The bidder shall acknowledge receipt on the Summary Bid Form in the Appendix of all addenda issued prior to bid opening. SECTION 1.6 PROTEST ON BID SPECIFICATIONS Venders who have a protest on the requirements of the RFP should submit them h in writing at least five (5) calendar days prior to bid closing to Doris Hartig, Purchasing Agent, at Tigard City Hall, 12755 SW Ash Avenue, Tigard, Oregon, pursuant to City of Tigard Ordinance No. 85-06 Administrative Rule No. 30.050. The City will make every effort to respond to such issues and, if warranted, to amend the RFP. Such protest shall include the reasons for protest and any proposed changes to specifications. If satisfaction is not achieved, appeals may be made to the City Council. No protest against award because of the content of bid specifications shall be considered after the deadline set. SECTION 1.7 RESPONSE _DATE 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 3:00 PM,, PST DECEMBER 2, 1985. Vendors wailing proposals should allow extra mail delivery time to ensure timely receipt of their proposals by the City. Proposals received after the specific time and date cannot be considered and will be returned unopened to the vendor. The City cannot make exceptions to this rule. SECTION 1.8 VENDORS' PROPOSALS In order to be considered for selection, vendors must submit a complete response to this RFP, using the format provided on the Bid Forms in the Appendix. Proposals must be accompanied by bid security in the form of a certified check or bid bond payable to the City of Tigard in an amount equal to ten percent (10X) of the Total Bid. SECTION 1.9 MULTIPLE PROPOSALS A vendor may submit more than one proposal. At least one of the proposals must be complete and comply with all instructions of this RFP, with the other proposals to be evaluated as variations of this original. The additional proposals may be abbreviated only by the additional materials to be attached to the Bid Forms. The abbreviated proposals must incorporate, by reference, all elements of the complete proposal not contained in the alternate and provide that information which differs in any way from that contained in the complete proposal. All Bid Forms must be submitted completed and in a separate sealed par_kage for each variation. SECTION 1.10 PROPOSAL PREPARATION Proposals should be prepared simply and economically, providing a straightforward, concise description of vendor capabilities to satisfy the requirements of the RFP. Emphasis should be on :--ompleteness and clarity of content. The City of Tigard is not liable for- any costs incurred by vendors in preparation and presentation of their proposals. City of Tigard — Computer RFP 6 SECTION 1.11 ACCEPTANCE OF PROPOSAL CONTENT Bids' shall be valid for 90 days from date of bid opening. The contents of the proposal of the selected vendor, excluding any proposal contractual terms, and specifically including those parts that deal with unit prices, monthly rental, lease, or purchase prices, and vendor's official published specifications, will become contractual obligations, along with the RFP, if acquisition action ensues. Failure of the selected vendor to execute a contract with the City containing these obligations, within 30 days after notification of award, will result in cancellation of the award. SECTION 1.12 PRICE QUOTATION IN PROPOSAL The City may increase or decrease the amount of any item as deemed necessary or expedient using unit prices. An increase or decrease in the quantity for any item should not affect an increase or decrease in the unit price. The City reserves the right to evaluate and award on the comparison of lease and purchase plans, or any combination of lease or purchase plans, including third—party financing, in such fashion as best serves the interest of the City. Non—purchase options must provide a binding basis for evaluation based on maximum future price increases, which limits shall be binding on the vendor. SECTION 1.13 LEASE, PURCHASE, OR FINANCE DECISION If purchase appears to be the best method of acquisition, outside financing may be available at interest rates more favorable than those offered by the vendors. The City reserves the right to elect to lease or purchase and to elect how to finance the equipment or software. The most cost—effective acquisition will be selected, giving consideration to such things as vendor's interest rates, commercial interest rates, and changing technology. ` The purchase or lease price of the equipment stated in a vendor's proposal cannot be subject to any price increases from the date of acceptance of the proposal unless that date is subsequently changed by mutual agreement. If after the date of installation and acceptance, and before payment, the vendor's quoted or listed purchase or lease price for any equipment shall be lower than the purchase or lease price offered to the City for such equipment stated in the vendor's proposal, the City shall have the benefit of such lower price. SECTION 1.14 EVALUATION OF PROPOSALS Only proposals which conform to the administrative and contractual mandatory requirements of this RFP will then be evaluated on the technical mandatory and desirable requirements described in the Specifications and in the Appendices in this RFP. All prices, delivery schedules, interest rates, or any other significant factor contained in the vendor's proposal must be guaranteed for 90 days from the anticipated date of award as specified in Section 1.4 Schedule of Events, or until a contract is executed with the successful vendor, whichever occurs first. Proposals will receive a technical evaluation, a financial evaluation, and a management evaluation. The evaluations will be done by a committee representing different users of the system. The purpose of the evaluation will be to examine each proposal to determine whether it meets the mandatory requirements; and the extent to which each proposal meets the desirable features described in the RFP. City of Tigard — Computer RFP 7 The costs will be determined, based on the requirements specified in the �- Specifications. COSTS SHALL INCLUDE LEASE OR PURCHASE COSTS, INTEREST CHARGES IF ANY, MAINTENANCE, SHIPPING, FACILITY PREPARATION (INCLUDING ANY ADDITIONAL STAFFING), INSTALLATION, INSURANCE, TRANSPORTATION, CONVERSION, TRAINING, DOCUMENTATION AND MAINTENANCE MANUALS, AND SUCH OTHER MISCELLANEOUS COSTS AS MAY BE INCURRED BY THE CITY IN THE IMPLEMENTATION OF THE PROPOSAL. Proposed prices must be firm and not estimated. In the event actual costs are higher, the difference will be borne by the vendor. At the option of the City, oral presentations and/or site demonstrations may be scheduled to further clarify the proposals and refine the evaluation. Such presentations provide an opportunity for the vendor to clarify its proposal to ensure it is understood by the evaluation committee. The committee will then prepare its report and recommendations for review by City Council. SECTION 1. 15 PRIME CONTRACTOR RESPONSIBILITIES The successful vendor will be required to assume responsibilities for delivery, installation, and maintenance of all equipment, software, 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, including payment of any and all. chanes resulting from lease or purchase of the entire system configuration. SECTION 1.16 FOREIGN CONTRACTORS A foreign corporation is one who is not domiciled in or registered to do business in the State of Oregon. Foreign corporations receiving City contracts exceeding $10,000 arc 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 contract shall, within 10 days after acceptance of the contract by the City, register as a foreign corporation with the Oregon Department of Commerce Corporation Division. A copy of the report shall be forwarded to the City. SECTION 1.17 PUBLIC RECORDS The RFP and one copy of each original proposal received in response to it, together with copies of all documents pertaining to the award of a purchase or lease contract shall be kept by the City for the period of time required by the State Archivist. If a vendor determines their proposal contains information which is considered proprietary, this information should be clearly marked. The City will respect the confidentiality of any information so identified, subject to the Oregon Public Records Law ORS 192.410 and 192.500. SECTION 1.19 ERGONOMIC CONSIDERATIONS In order to comply with recently enacted legislation directed to improving operator comfort and safety, certain mandatory and desirable features may be included in the specifications located in this RFP. City of Tigard — Computer RFP 8 NINE PART 2 CONTRACTUAL REQUIREMENTS SECTION 2.1 GENERAL The provisions of this contract shall be construed and enforced in accordance with the laws of the State of Oregon, the City of Tigard Municipal Code, and any provision of this contract in conflict with them is void. The parties expressly agree that any action or suit involving the terms and conditions of this contract must be brought in the courts of the State of Oregon or the United States District Court for the State of Oregon. SECTION 2.2 PERFORMANCE SECURITY Within ten days after award of contract by Council the successful bidder must furnish and maintain until the system has been accepted by the City a performance bond acceptable to the City in the amount equal to the contract price for the system. Failure to furnish the bond prior to the deadline may result in rejection of the bid, and forfeiture of bid security and award to the next lowest responsible bidder. SECTION 2,3 LIQUIDATED DAMAGES The delivery and installation dates of the equipment and the software set forth in this contract are fixed so that the utilization of the equipment and software is consistent with the timing schedules of the City's progr:-ns. ("Installed" means in place and operating as required by the con,r,,ct specifications.) If there is any delay, the delay will interfere with the proper implementation of programs utilizing the equipment leased or purchased under this contract, to the loss and damage to the City. City and Contractor agree that in the event of any such delay damage will be sustained by and shall be the amount set forth in this section. The parties also agree that in the event of any such delay, Contractor shall pay such amount as liquidated damages and riot as a penalty. It would be impractical and extremely difficult to fix the actual damage sustained in the event of such delay. City, at its option, may deduct amounts due the City as liquidated damages from any money payable to Contractor, or may bill Contractor as a separate item. A, Hardware 1 . If the Contractor does not install the system and/or equipment (designated by the Contractor's type and model number with special features and accessories as listed in this contract) on or before the installation date, Contractor shall pay to City, as fixed and agreed liquidated damages, the amount of 100% of the basic monthly rental and maintenance charges in the case of lease or rental and 90% of the purchase price in the case of purchase, or $500.00, whichever is greater, for each calendar day between the installation date specified and the date of the certification by the Contractor that it is installed for each such item of equipment, but not for more than 180 calendar days in lieu of all other damages due to such non-installation. 9 City of Tigard - Computer RFP rt cr 2. If some, but not all, of the equipment on an order is installed by the installation date, and City makes operational use of any installed equipment, liquidated damages shall not accrue against the equipment used. The use of equipment for scheduled program debugging shall be included as operational use during the performance period. 3. If the delay is more than 30 calendar days, City, by written notice to the Contractor, may terminate the right of the Contractor to install the equipment and may, at City's option, obtain substitute equipment. In this event, Contractor shall be liable for liquidated damages in the amounts specified above until acceptable substitute equipment is installed and ready for use, or for 180 calendar days from the installation date, whichever occurs first. Contractor shall also be liable for outbound preparation and shipping costs for contract items returned under this clause. 8• Software 1, If Contractor does not deliver all of the software required to meet City contract specifications, ready for operation in conformance with Contractor's specifications on or before the delivery dates specified, Contractor shall pay to City as fixed and agreed liquidated damages, regardless of the software undelivered, the amount of 100% of the basic monthly rental in the case of a lease or rental and 40% of the purchase price in the case of a purchase, or $500.00, whichever is greater, each calendar day between the installation date specified and the date of the delivery of such software, but not for more than 180 calendar days in lieu of all other damages for non-delivery of software. If Contractor provides suitable substitution of software, acceptable to the City, liquidated damages shall not apply unless substituted software is provided later than the delivery date specified. Liquidated damages for non-delivery of software shall likewise not apply for any day on which liquidated damages for non-installation of equipment accrue. 2. If City is unable to use the equipment on the installation date because Contractor failed to deliver the software ordered for use on such equipment by the agreed-to installation date, and Contractor does not furnish substitute software which City accepts and agrees renders the equipment usable, liquidated damages as specified in paragraph A-1 of this Section shall be paid to City in lieu of liquidated damages for software aids as specified in paragraph B-1, of this Section. Such liquidated damages shall apply until City uses the equipment or until Contractor provides the software which renders the equipment usable, whichever occurs first, but not for more than 180 calendar days. SECTION 2.4 EQUIPMENT AND SOFTWARE RELIABILITY In all situations involving performance or non-•performance of equipment, model upgrade, feature or other modification, or software or programming furnished under this Agreement, City's remedy is: (1) The adjustment or repair of the equipment, model upgrade, feature or other modification or replacement of parts by Contractor, or at Contractor's option, replacement of the equipment, ,.: model upgrade, feature or other modification, or correction of software or City of Tigard - Computer RFP 10 programming errors; or (2) if after 30 days Contractor is unable to install the 'equipment, model upgrade, feature, or another modification or replace equipment, model upgrade, feature or other modification, or to otherwise restore it to good working order, or to make software or programming operate (as determined by City) as required under this contract, City shall be entitled to recover actual damages. For any other claim concerning performance or non-performance by Contractor pursuant to, or in any other way related to the subject matter of this Agreement, City shall be entitled to recover actual damages. SECTION 2.5 STANDARD OF PERFORMANCE Contractor shall certify in writing to the City when the equipment is installed. The performance period (30 consecutive calendar days) shall commence on the first working day following receipt by City of certification, at which time operational control becomes the responsibility of City. In the event of the predicted failure to meet the standard of performance during any initial performance period, it is not required that one 30 calendar day period expire in order for another performance period to begin. If the system operates at full capacity at an average level of 95 percent or more of operational use time for a period of 30 consecutive calendar days or 100 hours of operational use time, whichever is greater, from the commencement date of the performance period, it shall be deemed to have met City's standard of performance. City shall notify Contractor within seven days, in writing, of the successful completion of the performance period. The average effectiveness level is a percentage figure determined by dividing the total. operational use time by the total operational use time plus associated downtime. In addition, the equipment shall operate in conformance with contract specifications, and with Contractor's proposal and published specifications in effect on the date the contract is executed, provided such specifications are equal to or better than the specifications submitted with Contractor's proposal . During the performance period, all preventive maintenance time shall be excluded from the performance period hours. Equipment or software (supplied by Contractor) failure down time shall be measured by those intervals during the performance period between the time that Contractor, is notified of equipment or software failure and the time that the equipment is returned to operating condition, exclusive of actual travel time required by Contractor maintenance personnel, not in excess of one hour- per day on which such service is requested. Equipment shall not be accepted by City and no payments shall be made by City until the standard of performance is met. When a system involves on-line equipment which is remote to the basic installation, the required effectiveness level shall apply separately to the system and to each item of remote equipment. Promptly upon successful completion of the performance period, City shall notify Contractor in writing of acceptance of the equipment and authorize the rental to begin as of the first day of the successful performance period, or in the case of purchaseauthorize Contractor to submit an invoice which will, be paid within 30 days o,f receipt by City. 11 s City of Tigard - Computer RFP If successful completion of the performance period is not attained within 90 �- calendar days of the installation date, City shall have the option of fY terminating the contract by retaining all contractual remedies against Contractor, without penalty, or authorizing the Contractor in writing to continue the performance period and specifying the new deadline. City's option to terminate the contract shall remain in effect until such time as successful completion of the standard of performance is attained. Contractor shall be liable for all outbound preparation and shipping costs for contracted items returned under this clause. SECTION 2.6 PATENT AND COPYRIGHT PROTECTION Contractor warrants that the products furnished under this contract do not infringe upon or violate any, United States or other jurisdiction, patent, copyright, trademark, or any other legally protected right of any third party. This section shall not apply if the infringement, or claim thereof, is based upon the use of products in combination with other equipment or software not made or supplied by Contractor, or the use of products by City in a practice or procedure. In the event of any claim by any third party against City, City shall promptly notify Contractor and Contractor shall defend such claim, in City's name, but at Contractor's expense and shall indemnify City against any loss, cost, expense, or liability arising out of such claim, whether or not such claim is successful. If City reasonably concludes that its interests are not being properly protected, it may enter any action. However, any settlement by City with the party alleging such infringement or violation shall not be binding upon Contractor. Further, if principles of governmental or public law are involved, the State of Oregon may participate in the defense of any such action. If any product furnished is likely to or does become the subject of a claim of infringement of a patent or copyright, then, without diminishing Contractor's obligation to satisfy the contractual obligations, Contractor may, at its option, procure for State the right to continue using the alleged infringing product, or modify the product so that it becomes non-infringing. If none of the above options can be accomplished, or if the use of such product by City is prevented by permanent injunction, Contractor agrees to take back the product and furnish a replacement at its sole expense that, to City satisfaction, substantially matches the performance of the infringing product and meets the contractual specifications. City shall, in such event, al.so have the option of requiring Contractor to take back the entire system purchased under this agreement and repay the purchase price to the City, within 30 days of notification, without City waiving any other legal remedies identified in the RFP, which it may have against Contractor. SECTION 2.7 RISK OF LOSS OR DAMAGE Leased Equipment) City shall be relieved from all risks of loss or damage to the equipment leased under this contract during periods of transportation and installation, and during the entire time the equipment is in the possession of City through the life of the lease, except when loss or- damage is due to the fault or negligence of City. i 12 City of Tigard - Computer RFP a r SECTION 2.9 RISK OF LOSS OR DAMAGE (Purchased Equipment) During the period the equipment is in transit and until it is installed, on City's premises, has met the standard of performance and been accepted by City, Contractor and its insurers, if any, relieve City of all risks of loss or damage to the equipment, except loss attributable to fault or negligence of City. After the equipment is installed and has been accepted by City, all risk of loss or damage shall be borne by City, except loss or damage attributable to Contractor's fault or negligence, defects City could not reasonably have discovered, or subsequent breach of this contract by Contractor. SECTION 2.9 INSURANCE Prior to starting work hereunder, Contractor, at Contractor's cost, shall secure and continue to carry during the term of this Contract, with an insurance company acceptable to City, the following insurancee: 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 Contractor' s activities or work hereunder, including the operations of tis subcontractors of any tier. Suchinsurance 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; anri provisions that such policies shall not be cancelled or its limits of liability reduce without thirty (30) 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 City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be furnished to City. 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. SECTION 2.10 TAXES — FEDERAL, STATE AND LOCAL The City will not be responsible for any taxes coining due as a result of this agreement, whether federal, state, or local.. It is agreed that the Contractor has anticipated these taxes and included them in the proposal. Where a product is leased, the lessor- will be responsible for any personal. property taxes, and agrees that prices have been adjusted accordingly. SECTION 2.11 NON—APPROPRIATION If the City has not al.loted funds for the next succeeding fiscal period by appropriation, appropriation limitation, grant, or other funding source available to it for such purposes to continue lease or purchase payments for data processing equipment or software covered by this contract, the contract shall automatically terminate at the end of the current fiscal period for which funds have been allocated without penalty and such termination shall not constitute an event of default under any other provision of this contract, but F x City of Tigard — Computer RFP 13 the agency shall be obligated to pay all charges incurred through the end of such fiscal period. The agency shall give Contractor written notice of such non—availability of funds within 30 calendar days after it receives notice of such non—availability. These provisions shall not be construed to permit the City to terminate this contract in order to acquire functionally equivalent equipment from a third party. Further, the City warrants that using agency funds restored for functionally equivalent equipment within six months of such a termination shall be used to procure substitute equipment fro, the Contractor, if the price has not been increased and all other terms remain the same or are waived by the City. SECTION 2.12 SYSTEMS WARRANTY The use of the equipment will be under the City's exclusive management and control. The City agrees that Contractor will not be liable for any damages caused solely by the City's failure to fulfill City responsibilities or by the City's negligence. Contractor warrants that the above equipment and software when installed will be in good working order and will conform to the RFP's specifications listed as mandatory requirements, RFP specifications listed as desirable requirements which Contractor represented in its proposal could be performed, Contractor's proposal, and Contractor's official published specifications, in that order of precedence. Equipment will be now, or newly refurbished (and identified as refurbished) to perform as if now. �. Contractor's standard warranty provisions for the purchased equipment and software, to the extent they are not inconsistent with the terms of these Contractual Provisions, shall apply beginning on the date of acceptance. Maintenance charges shall not begin until the date of acceptance. SECTION 2.13 PRODUCT SUPPORT Contractor guarantees that it will make available long—term product support (continuation of lease or rental, availability of equipment maintenance service and replacement parts, and continuation of software maintenance) for all equipment and software leased or acquired under this contract for a minimum period of four years following the date the Contractor provides written notification to the City that the equipment or software is out of production. SECTION 2.14 SEVERABILITY If any term or condition of this contract or its application to any person(s) or circumstances is held invalid by a Court of the State of Oregon or by Agreement of the parties, this invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application. SECTION 2.15 WAIVER Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties. Cl` City of Tigard — Computer RFP 14 SECTION 2.16 INDEPENDENT STATUS OF CONTRACTOR �- The parties will be acting in their individual capacities and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. SECTION 2.17 FAILURE TO PERFORM In the event Contractor has failed to perform any obligation to be performed by Contractor under this agreement, and 30 calendar days after written notice of said failure to perform is provided to Contractor the failure has not been cured, then the City may withhold all monies due and payable to Contractor under this Contract, without penalty, until such failure to perform is cured or finally adjudicated. SECTION 2.18 RIGHT TO INTERFACE The City shall have the right to connect the products for which it has contracted to any equipment manufactured or supplied by others, including, but not limited to, peripheral equipment, other computers, communications equipment, terminal devices, and like equipment. If such a connection is likely to interfere in any way with the Contractor's ability to perform proper maintenance, the City shall notify Contractor at least five calendar days prior to any such connection and Contractor shall make or supervise the interconnection and supply any interface devices required. Repair of damages or increase in Contractor's service personnel time attributable to an alteration or attachment will be billed to City at Contractor's applicable time and material rates specified in the maintenance contract with City, or if no maintenance contract is in effect, the Contractor time and maintenance rates then in effect. Maintenance credit provision will not apply if equipment failure is caused by such alterations or attachments not furnished by Contractor and rental charges, if applicable, shall continue without interruption. Such alterations or attachments shall be removed and the equipment restored to the prior configuration at City expense before return of the equipment by City. SECTION 2.14 CANCELLATION City may cancel, by written notice mailed not less than 30 calendar days prior to scheduled delivery, any purchases or orders placed under this agreement, or the entire agreement, without penalty. Acquisitions over $500,000 may be cancelled by written notices not less than 60 calendar days prior to scheduled delivery. SECTION 2..20 ESTABLISHED PRODUCTS It being crucial to the City's interest to avoid experimentation, Contractor agrees to furnish only established products under this agreement. The products will have been successfully operated in other customer sites for a period of six months each, unless otherwise specified in Part 5 of the RFP. SECTION 2.21 SOFTWARE STATUS ORS Chapter 72 applies and all software will be deemed to be "goods" and the statutory rules of ORS Chapter 72 and the Tigard Municipal Code will apply. x 15 City of Tigard — Computer RFP SECTION 2.22 LIMITATION OF REMEDIES Contractor's liability for incidental, consequential or other indirect damages, including lost profits or savings, shall be limited to the greater of $100,000 or the purchase price of the specific equipment which caused the damage, or that are the subject matter of, or are directly related to, the cause of action. This limitation of remedies does not affect liability for actual or direct damages; payments of costs, damage, and attorney's fees referred to under Section 2.5, "Patents and Copyrights" and Section 2.9, "Insurance". E- City>af Tigard - Computer RFP 16 ML PART 3 INFORMATION REQUIRED FROM VENDORS rl Vendor's proposals should be submitted in the format described below. Vendor may include any additional pertinent information. Detailed guidelines for required information may be contained in the Appendix. A set of tabs tn identify each part of the proposal should be inserted to facilitate quick reference and pages should be numbered consecutively. Vendors must provide a reference page where specification information (Part 5) can be found. In the event that a vendor believes that City's requirements can be met by making reasonable modifications to the equipment, maintenance, or other specifications, the vendor should note the specifics in an alternate proposal. which the City reserves the right to consider. SECTION 3.1 GENERAL. This part of the proposal will include: A. Cover letter. U. A brief statement of the salient features of the proposal, including conclusions and generalized recommendations. C. A brief statement indicating the vendor's capabilities and experience with requests of this type. D. Third Party Equipment Vendors: If the manufacturer or supplier submits all technical specification information, only the following will be required: 1. List and prices of equipment including any specific features, if applicable. 2. Delivery and implementation schedules showing equipment and software delivery, installation, performance period, training, the beginning of maintenance periods, and similar benchmarks. 3. Other costs such as transportation and insurance costs, if applicable. 4. Vendors must complete and return all. forms provided in Part 5 and the Appendices as part of their proposal. 5. If the proposed equipment is manufactured by other than the vendor, or if it is used equipment, it must be certified acceptable for maintenance by the manufacturer. The manufacturer must be capable of meeting the maintenance requirements of this RFP. 6. To qualify, the system or equipment must have been installed in customer locations comparable to the one the City proposes to use, for a period of six months each, unless otherwise specified in Part 5. List names, addresses, and telephone numbers of the managers of such users who may be called regarding hardware and software performance, vendor support, and other aspects of performance. 7. The vendor must accept all contractual provisions. E. Any additional information which would aid in evaluating the proposal. City of Tigard — Computer RFP 17 a[sar � SECTION 3.2 HARDWARE A. EQUIPMENT 1. Provide a detailed description of the technical characteristics of each major component of the proposed configuration(s). 2. Describe how the proposed equipment meets the mandatory requirements and desirable features in Part 5; e.g. , supply pages from technical material or other published specifications cross-referenced to mandatory/desirable items. NOTE: EXERCISE CARE TO BE SURE YOUR SUBMISSION IS CLEAR AND COMPLETE! 3. Describe any expansion capability and enhancements to the equipment which would allow increased workload capacity. 4. Give date on which the equipment was originally made available for general sale or lease in its proposed status. B. REQUIREMENTS FOR SITE PREPARATION 1. List equipment weight and dimensions. 2. List power requirements for each item of equipment including permissible variation in voltage and frequencies, power phase of main supply, power consumption of each item, and any special requirements. 3. List environmental requirements of each item of equipment, including permissible ambient temperature and humidity ranges of operation and storage, heat dissipation, filtration requirements, and any special requirements. Specify how humidity and cooling facilities should be constructed, if applicable, such as raised flooring, overhead air returns, etc. SECTION 3.3 SOFTWARE Describe how the proposal meets the mandatory requirements and desirable features identified in Part S. List the software (system/application) available for use on the proposed equipment and the required configuration to support the software (system/application). Describe the function and documentation available for each package recommended. Describe the extent to which the software package will have to be modified for the proposed equipment. For each of the software packages recommended, indicate plans for maintenance and future development. Descr-•ibe any diagnostic aids and their capabilities and test procedures. SECTION 3.4 VENDOR SUPPORT A. Training Describe capabilities to meet training requirements, if specified in Part 5. If classes are held on a regular basis, include your most recent schedule and provide an abstract for each class, indicating its length. content, size, frequency, and intended audience; or show a suggested schedule for meeting all of the required training and include the criteria for scheduling such classes and their location(s). City of Tigard - Computer RFP 18 e. liaintenance �. Describe how each proposal meets the mandatory requirements and desirable features identified in Parts 4 and 5. Explain the maintenance philoscOhy and practice for each major component. You must include: 1. Proposed maintenance contract for equipment and software, proposed software license agreement, and any other proposed vendor forms, contracts or internal documents that vendor feels must be executed by City as a part of the transaction. 2. Parts supply and availability on a local basis. 3. Technical personnel support on a local basis (give number and skills) and backup support. 4. Internal notification and response procedures. 5. Preventive maintenance procedures. b. On—line and/or off--line maintenance procedures. 7. Problem isolation and identification responsibilities (vendor's or customer's). S. Engineering change procedures. 9. Location of all service facilities in the Portland area, the number of service personnel at each location, and the facility from which the proposed equipment will be serviced. C. Documentation Submit a list and one copy of a].] necessary appropriate technical literature regarding both equipment and software, which will be evaluated to determine the adequacy of this literature in explaining the operation of the system. Provide reference page numbers on the evaluation form. If publications are not now avai.l.able, include their titles, future publication dates, and provide an abstract. Describe the system used to maintain technical publications and state whether documentation presented is current and includes all revisions. D. References To qualify, your equipment or system must have been installed in locations comparable to the one the City proposes to use, and for a period of six months unless otherwise specified in Part 5 of the RFP. List names, addresses and telephone numbers of the managers of such users who may be called regarding equipment, software, vendor- support, or other aspects of system performance. 19 City of Tigard - Computer RFP SECTION 3.5 FINANCIAL The cost forms in the Appendix must be c pleted to allow the City to develop -` a financial plan. Prices quoted shall b Aeemed to include all costs for which the City shall be responsible, Uns _c:fied costs will be borne by the Vendor, Costs listed on the forms will be used by the City in the contract. If additional alternatives are available through the Vendor, submit a complete set of forms in a separate envelope for each financing proposal. SECTION 3.6 BENCNMARVInEMONSTRATION Vendors are required to acknowledge nd agree to benchmark tests or on-site a demonstrations. SECTION 3.7 FORMS Vendors complete and return all forms provided in the Appendix as part of their proposals. a { ``-r City. of Tigard -.Computer RFP 20 r_ PART 4 THE ORGANIZATION ` SECTION 4.1 THE CITY OF TIGARD The City of Tigard, population 19,228, was incorporated November, 1961 and encompasses 8.8 square miles. The City is located in the southeasterly portion of Washington County, in the State of Oregon, and is part of a rapidly developing suburban area within the Portland Standard Metropolitan Statistical Area. The government of Tigard is vested in a Mayor and a four member Council. The City Council appoints the Municipal Judge, City Attorney and City Administrator, who is responsible for the daily management of the City. The City currently employs 83 people and provides the following services: Community Service - Police, Finance and Records, Municipal Court, Library; Community Development - Waste Water, Streets, Parks, Shop, Engineering, Planning and Building; and Policy 6 Administration and City-Wide Support - City Council and City Administration, General Government, Figures 1 and 2 are the organizational charts showing the functions and positions in each department as we are now structured. The City's population has been growing at an annual rate of 7.6%. We project we will have 20,000 citizens by the end of the fiscal year which is June 30, 1986 and 22,000 by mid-1990. It is projected that by mid-1990 there will be 100 employees, assuming no additional services currently provided by special service districts are added. C_ The City is currently building a new civic center complex which will house all services except Community Development Operations (i.e. waste water, streets, parks, and shop) which will remain at it's current location off of Burnham and Ash. The location of the civic center is at 13175 S.W. ball Boulevard. It is scheduled for completion January 1986. Floor plans are available for inspection by vendor at City Hall. The City's computer system is managed at the city-wide level by a user committee with the Administrative Assistant in the City Administration Department having lead responsibility . Applications such as word processing are centralized in the word processing section within the Finance and Services Department. All production work is done by this section according to guidelines established by the section and approved by the committee. The City also utilizes "floater" terminals whicFj can be used try anyone trained to use the system on a sign-up basis. Terminals are riot dedicated to individuals or to a work unit unless they can show greater than rLtt.4 percent of their time is spent on a terminal doing work which cannot `,e sent to the centralized section. The computer system presented in this RFP is a result of a recognition by City Council and the city' s Budget Committee of the need to upgrade automation abilities, and a result of efforts by an in-house Computer User Committee documenting the needs and requirements. This RFP follows a city-wide needs assessment study by a consultant, the re=sults of which are incorporated throughout this document. 2.1 City of Tigard - Computer RFP P N <A V. P N C N N N J _ v � s _ W N ✓ • • a W t � �✓ Ev. „o w um" ® N H � ` •J` T�� Y� G Y � am uFizz Miali 0 LD H p� M p� K L W 2c 3c �p W N H aD ►�N w (A •♦ • ♦ • • i�02 Pi C + � V N J 9 ✓ W -= y N t L' W -C r+ ad _ t • r • :� W 4-8 ♦ ` ��„ • w • r ••Y N ~ [C u 'C2y' • WW W�� pp C • yyoa • • • 4-1 ilS 8 �M'f W V V 6�i/� V v►,�R Y.N N r Li o I. P d a:i �- o Z, g•✓ ��.._ Ell C V qq _ . I V a N p W • O • •• _ �yy� _ W a v. o • V 22 J 4 �•C > • £ �' • T N b z V c c � J c > E•E o a r CD � 0 � C to • 0 .•i v � � U C JI A w O 3 w Yyg • • H d cp b ie O b.at w V O F � � C � • • . • � r LZ] fV ti S O S V GI 0.0.la 8 ¢ U O U X11 • • • M v c Y LGGyj a • 4 v a to w Ngn ^ M C • z ti M d 2 g J � Y • i . < ^ < b •J ot 4 v La In �p N H p1 2 v vwu� • • .J . au 41 CS � � a � u mei iJ cc a a c 'o gn In J S W ��LL m $to 23 � �&25 SECTION 4.2 DATA PROCESSING SYSTEM GOALS AND OBJECTIVES The goal of the City's data processing system is (a) to improve the T - productivity and services of staff in providing mandated services and in helping the organization meet the City Council's goals with optimum efficiency, and (b) to support the City's objectives through operational, management control, and planning systems so as to increase effectiveness and productivity. The objectives supporting this goal which are to be used in this RFP are as follows: 1. The system shall integrate on—line financial, operational, and management systems wherever cost effective to reduce operational costs. 2. The system shall allow a common 'data base for data files used by multiple departments, minimizing duplication of efforts in data input and file maintenance. 3. The system shall be designed to enhance the ability of employees at all levels to increase their productivity in routine tasks. 4. The system shall be capable of being upgraded to meet the City' s needs for five to ten years, taking advantage of new developments in hardware and software technology. 5. The system shall be flexible in allowing tailoring by the City to adapt to changing user needs and services. 6. The system shall produce timely, brief and accurate reports to be used in daily and long-term decision making. 7. The system shall have internal control mechanisms to ensure the accuracy and integrity of City records and be capable of providing effective audit trails. The City is interested in implementing a centralized system to the extent it can be justified in performance and cost since most departments could benefit by having at least limited access in many of the specialized applications. However, the City needs to consider the costs to the departments with systems currently functioning satisfactorily. We are unwilling to force changes where changes are not needed and/or will not benefit the department. SECTION 4.3 INVENTORY OF CURRENT RESOURCES The City purchased a Wang 2200 MVP in 1980 with accounting software developed by a firm in Quebec, Canada. Since that time we have made changes and additions to best serve the changing needs and levels of experience of the users. In 1982 the City purchased a Wang OIS system and in 1983 we added engineering programs on the 2200 MVP. The Police Department automated their crime analysis functions in 1981 using a TRS 80. A summary of the current systems is shown in the following table. It shows current hardware, software, City of Tigard - Computer RFP 24 TABLE 3. SUMMARY OF CURRENT RESOURCES (page 1 of 2) ( HARDWARE CPU WANG 2200 MVP; 128 K Memory, 9I/0 slots Disk Drive 13.4 MB Removable-167 MB fixed disk 6 Storage storage (Model No. 2280-3) Peripherals ACCOUNTING COMMUNITY DEV. OTHER - Terminals #I: Payroll,A/P. #3: Engineering #4: Municipal other (2236DE) Division Court (22360) (2236DE) #2: Billing; #5: Graphics "Floater" (22360E) Scope (2282) - Printers N1: Okidata #2: Graphic Matrix (SL 300) Printer (2231W3) SOFTWARE vendor: Cogebec vendor- Hoiquin vendor: Hardwire Information Inc. and Associates House •- cash receipts - CEADS Civil 80's - court citations - disbursements - field control - docket tracking - accounts payable system - payroll - geometric design - fixed assets system - general ledger - automated - budget control drafting system - financial report - wastewater - business tax collection system listing (limited) - word processing (limited) supported by Cindo Software Services - utility billing USERS frequent frequent frequent - Accounting Clerk - Engineering - Office Asst. II - Accounting Clerk Tech II occasional occasional occasional - Accounting Mgr. - Engineering - City Recorder/ - Finance Director Services Mgr. Services Mgr. - Office Asst. II City of Tigard - Computer RFP 25 z� TABLE 3. SUMMARY OF CURRENT RESOURCES (page 2 of 2) HARDWARE TRS 80 CPU WANG OIS 115-3 16MB Drive Dual sided, Double Disk Drive density, floppies G Storage Peripherals OTHER POLICE — Terminals CENTRAL1; CRT All are 64K CRTs w/10 key pads (5536-4) #1; WP Manager 04: "Floater in Comnunity 2: WP Center Development #3: WP Center as "Floater" Printers qi: 150/40 CPS (Uses Printers #1: Epsom — high density H1 and y2) matrix printer (5577) #2: Daisy Wheel (6581W) T(no SOFTWARE vendor Waru� Laboratories _Vendor Upgraded to WP Plus rated Criminal Nigh level of hension Security am ent USERS frequent USERS frequent _.9 — Office Manager — Office me Analyst — Office Asst. II — Office longer used) occassional occassiona - City Recorder/ - Office Assistant Services Mgr. - Finance Dir. - Exec. Secr. - Admn. Asst. - Records Clerk 26 City of Tigard —Computer RFP M Ki Aged 1 w and users. Please note there is no programmer on staff and the City does not anticipate adding a programmer position. The Data Entry Specialist position shown on the Organization Chart in the Finance and Services Department is not filled at this time. The City does not intend to continue using the Cogebec software nor the crime analysis software. The City will consider a proposal which recommends not using the Wang OIS software, engineering software, and the related hardware. Both the costs and benefits of this decision will be evaluated. If some current equipment will no longer be needed, estimated resale values will be considered and the City welcomes information regarding this. SECTION 4.4 RESPONSE FORMAT AND CONTENTS The City of Tigard is prepared to consider alternative approaches to our current data processing system in terms of each alternative's ability to satisfy the City's systems requirements in a cost effective manner. Vendors cannot assume the City will add new staff in order to have in-house system expertise. Proposals should include all the activities and costs required to bring the proposed systems, both hardware and software, to full operation. The continuing maintenance and support of the system for the next five to ten years is of great importance to the City. The City must be reasonably assured the continuous operation of the system will not be jeopardized by dependency on an unreliable source. In order to evaluate the bids in an efficient manner the City is providing Bid Forms which are in the Appendix for basic responses. All bidders are required to use these forms. Responses must be submitted in writing. A letter of transmittal should accompany the proposal outlining very briefly the strengths of the proposed system(s) and any additional assumptions the vendor has made about the City's intended use of computers. The format of the proposal should follow the general order and titles of categories of this RFP and should address each requirement in the order given for the City's ease in fairly reviewing and evaluating each proposal. The forms provided in the Appendix must follow the letter of transmittal, with additional information either attached to the appropriate form or following the set of forms. A. Hardware Based on the• information in this document, please specify a recommended configuration for each system (CPU) providing information concerning the following areas: 1. CPU - Specify the proposed make/model of the central processing unit, together with its associated technical characteristics (internal structure, cycle time, memory type and size registers, addressing, upgrade capability, etc.) 27 City of Tigard — Computer RFP • 2. Drive and Auxiliary Storage - Specify the proposed drive auxiliary storage units, operating characteristics and expansion capabilities. 3. Input - Specify the proposed input units, their operating characteristics and expansion capabilities. ecif the proposed output units (printers/terminals), 4. Output - Sp Y operating characteristics and expansion their associated imum number of terminals that can be capabilities. What is the max realistically accommodated using a variety of programs without degrading the response time greater than two seconds? 5. Environment - Specify the necessary hardware operating environment, including power, air conditioning, humidity, flooring, maximum cable lengths for terminals, etc. 6, gASk - Specify the type and location of back-up that can be provided. Specify the length of time required to back-up the entire system assuming it is 80% full. Now does back-up impact the system's usage? 7. gRSrade - Can the proposed configuration be further upgraded? Describe the hardware upgrade capabilities with identification of possible expansion increments. What is the maximum reasonable configuration possible? Will the proposed software be supported on all upgrades without conversion? 8, New Technology - Include a statement indicating that the City will be made aware of new technology or equipment releases that may occur after the selection of a vendor and prior to delivery of the equipment and will be allowed the opportunity to substitute new equipment, as feasible, at the City's discretion. Include your approach to pricing under these circumstances. 8. Software Software System Comparison: Please compare your proposed software system application and reporting to each ting requirement specified in the Software lity to meet System Comparison Forms the 2, Appendix. 4 Identify the line lnext to each the requirements by placing requirement. The response definitions are: I = Currently available and operational in a customer environment 2 = Available to the City through a report writer 3 = Available with minor modifications requiring ten or less man hours 4 = Available with additional modifications requiring more than ten man hours 5 = Not available with the proposed system In addition, please include the following information for the operating system and for each proposed software application: 28 City of Tigard - Computer RFP �l I. System description - A narrative and/or pictorial description, includingall programming languages, files, programs, basic processing sequence and record descriptions. 2. Controls - A description of control features incorporated into the system or similar items which should be incorporated into manual procedures. 3. Inputs - A description of system input techniques used for both routine transactions and file maintenance functions. Attach samples if appropriate or available. 4. Outputs - A description of standard output reports and media. Samples should be provided if appropriate or available. Are procedures available for user-designed outputs and, if so, how? 5. Processing capability - Provide an estimate of whether the system can accommodate the transaction volumes and file sizes necessitated by the system requirements and volume estimated specified in the Appendix. Can the anticipated growth be accommodated? If so, how? Explain any potential constraints or limitations. C. Vendor Support 1. Delivery and installation - Describe the procedures and schedule you would propose for installing the described systems and supporting hardware. Your response should include an implementation plan and multi-year chronology for the system. 2. Training - Attach a schedule of training sessions offered for the next six months, showing frequency, costs and locations. Attach a recommended program of training for City personnel to become conversant with your system. Include training for your software, for• system software and for system hardware. Estimate all costs for which the laity will be responsible. 3. Modifications - Describe the support that would be provided for making future system modifications/alterations to the software package following installation. What is the cost of this service? Attach a schedule of recent enhancements and summarize the changes in each. If new enhancements have been announced but are not yet implemented, attach a copy of the announcement. What changes are planned for the next enhancement and what is its expected date? Attach any available statements of system development policies or strategies. What do you anticipate will be the direction or evolution of the system? 4. Conversion assistance - Describe the method and support that would be provided for converting existing data files from the existing systems to the new system and any associated costs. 5. Hardware maintenance - Describe the type of maintenance/support which will be provided; include specific discussion of service response time, location of service staff, availability of spare parts, pricing, etc. t City of Tigard - Computer RrP 29 F 6. Software maintenance/support - Describe the type of software maintenance/support which will be provided, including such items as response time on problems, software warranties, availability of modem support, costs of on-site support, personnel responsible, etc. 7. Documentation - Attach descriptions and representative samples (table of contents, excerpts of pages, etc.) of the documentation provided with the system - sufficient to indicate the extent and substance of each type of documentation, the number of copies of each manual included with purchase (as well as the cost of additional copies), and the user and operations documentation expected for the application systems. At a minimum, programming documentation should include file descriptions and layouts for use with the database builder/inquiry language and the report writer. System level documentation and manuals for specialized software (report writer, text processing, query) are also desired. 0. Terms and Pricing 1. Pricing - Describe the pricing conventions available (purchase, lease, lease/purchase, discounts, trade-ins, etc.) and associated price for both the hardware and software, including maintenance. 2. Guarantees warranties - Describe any guarantees or warranties which would apply. The City anticipates negotiating system acceptance criteria and warranted performance periods for the system. 3. Covenants/restrictions - Describe any covenants or restrictions which would apply to the purchase, lease or use of the standard software/hardware. E. Business Description 1. Background and history - Describe the company, its age, organization, number of employees, product specialization and operating policies which would impact this transaction. 2. Sales and support office - If awarded this contract, from what location the sales and support service be provided? How many personnel are located at this location and what is their experience with the proposed software/hardware? 3. Customer support - Attach a customer support plan indicating the level of assistance, number and qualifications of customer support personnel available to the City (with areas of specialization and location of each), indicate which services are available as part of a contract package and cost of the package; indicate the cost of services not included in the package; indicate how long the quoted costs will be in force before a possible price increase. 4. Annual reports - Attach recent annual reports and other information about the company, its long-term financial stability and the contribution of manufacturing/financial software development to its mission and performance. City of Tigard - Computer RFP 30 F. References 1. Software - When was the proposed software first installed and how many customers are presently using the software in an operational mode? Provide at least three references in the northwest area. 2. Hardware - When was the proposed hardware first installed and how many customers are presently using the hardware for day-to-day operations. Provide at least three references in the northwest area. G. Data Organization If the proposed system has a database structure, attach a description of database organization (hierarchical, network, relational or other) and indicate your reasons for selecting this organization. Indicate also the maximum number of data fields permitted per data record, the maximum record length in bytes, and limits on the size of the database that can be accessed with acceptable response time during busy periods. H. Communications In the future, it may be desirable or necessary to communicate with other computer systems in place at Washington county as well as the state specialized service bureaus. Please discuss the proposed system's communication capabilities: what protocol is used; what additional/special hardware or software is required; what are the operating characteristics/limitations. etc? Please be specific in your response. G. Microcomputers The city desires to connect IRM PC-compatible microcomputers to the main system for a variety of functions. The microcomputers should have the ability to upload or download data from the main system files, operate as stand-alone devices and function as terminals for the main system when required. The change from stand-alone communications to terminal mode should be accomplished by keystroke or manual switch at the micro. Swapping cables or manual switching at the main system is not an acceptable approach for the City. Please address the proposed system's capabilities to interact with a microcomputer in these areas. Discuss any limitations of these capabilities, specific hardware and software requirements, alternatives, solutions, etc. Discuss any limitations or preferred configurations for connecting printers so that they are usable with both the micro and the main system. H. Other Material Provide any supplemental material/literature which you believe would assist in making a selection. Printed material which answers the above response requirement can be used wherever appropriate, providing it is properly cross-referenced. City of Tigard - Computer RFP 31 SECTION 4.5 EVALUATION CRITERIA Proposals will be evaluated according to their ability to meet the expectations in the RFP and the degree of responsiveness to the above criteria and comparisons. Failure of the software to meet each requirement will not, in itself, be a basis for disqualification; instead, each system will be judged in view of its overall capability to meet these requirements and support the anticipated growth. The City recognizes that it is highly unlikely that any generalized software package can meet all the specified system requirements; some concessions may therefore be necessary to obtain a workable system at a reasonable cost. These adjustments will be considered, along with any alternatives suggested by the vendor. A summary of the primary criteria and their relative weights is in Table 2. General requirements for the system are listed below. 4:ecific requirements for each application are listed within the appropriate section in Part 5. Vendors are expected to respond to both general and specific requirements. General requirements are the following: A. HAR_ DWARE 1. Reliability -- The average frequency and length of downtime due to a failure of a device or system which either causes a job executing in the CPU to fail, or a failure from which the device or operating system has recovered, but has caused degradation of the device and costs in CPU time, or a failure of a device making a portion of the system inoperable. 2. Availability of NewEquipment - The time needed from the placement of an order to complete installation for new equipment. 3. Availability of Parts and Supplies - The time needed from the placement of an order for either parts or supplies, and receiving the parts or supplies. 4. ThroughputlDollar - Number of instructions the CPU(s) can execute per second and per dollar. 5. Communications - Orientation - The extent the system is centralized - decentralized, stand-alone or distributed, and integrated. The ability of the system to connect to systems outside of the City. 6. Compatibility - The extent to which the equipment is compatible, and proven compatibility with an IBM-PC or hardware which can execute programs marketed by International City Managers Association (ICMA) to operate on an IBM-PC. 7. Ease of Change or Upgrade - The personnel, time and equipment costs to (a) change from or upgrade the current system, and (b) future costs to upgrade capability. The capability of the system to accommodate future growth. 6. Modularity - The ease at which the hardware can be serviced on-site. City of Tigard - Computer RFP 32 g, SOFTWARE debugging '~ 1. Reliability - The extent t which detractsn frontime due theofof creates problems for the user an software. 2, Availability - The extent to which other software applications can be executed, and the degree of assistance required and available from outside sources. 3, pate Management - The structure and methods applied to the data files by the operating system. q, Lxecute Time - The length of time to prepare to run long reports an�lor information on-line. menhe rocedure used S. Documentation - The quality of cand tman als,t and p the frequency for updating source code documentation and costs of upgraded versions. 6. Modularity - Ths ease at which the Operating system can be serviced on-site. 7. Ease of Use - The extent to which the system is "user-friendly" and the amount of training necessary to use the application. C. APPLTCATION 1, Availability The availability of applications which can be loaded onto the system with little or no modification. in tion iile 2, Sco - The degree to whichvei foarynanstant aupdatingcn be c of f tiles on inquire/print capabilities as input. 3, User's Library - The ease as dividual users can create their own menus, applications and special re 4, Modularity - The ease at which applications can be landed on by user and maintained by the user. 5, Ease of Modification - The ease at which file sizes, formatting, and other modifications can be accomplished by the user. 33 City of Tigard - Computer RFP e 6. Documentation - The quality of the documentation, the procedure used for updating source code documentation and manuals, and the frequency of upgrades. 7. Conversion Time - The anticipated amount of time necessary to convert specialized applications and existing data files. D. SUPPORT 1. Education - The costs and availability of training materials and courses. 2. Routine - The schedule for preventive maintenance for hardware and software updates and the responsibilities of the user. . 3. Consulting - The availability of reliable support and the response time for attending to a request for services. 4. Nigh Level Consulting - To what extent do systems analysts or specialized technicians need to be used in finding solutions to problems. 5. Responsiveness - The minimum, maximum and average response time for a request for service or support. 6. Proximity - The availability of local and reliable support services. 7. Sales/Relation - The reliability of the company, and the consistency and quality of services provided. i' City of Tigard - Computer RFP 34 1 4 ..- y.:;.3 — "+t'`. •3"w.*�so-'h+a{ S'..';y Table 2. SUMMARY OF SYSTEM EVALUATION REQUIREMENTS General Desirable Category Criteria Value Hardware Reliability 3 Availability of parts 1 Availability of new equipment 1 Throughput per dollar 2 Communications—orientation 2 Compatibility 2 Ease of upgrade 2 Modularity 2 Software Reliability 2 Availability 5 Data Management 4 Execute Time 1 Documentation 2 Modularity 2 Ease of use 4 Application Availability 6 Scope 4 User's library 2 Modularity 3 Ease of modification 6 Documentation 6 Conversion time 3 Support Education 10 Routine 1 Consulting 9 High level cons. 1 Responsiveness 10 Proximity 3 Sales/relation 1 City of Tigard Computer RFP 35 PART 5 SPECIFICATIONS SECTION 5.1 ACCOUNTING SYSTEMS A. INTENTION It is the intent and purpose of the Finance Department to streamline the accounting and budgetary systems of the City. The software the department is seeking will accommodate this purpose. The City of Tigard currently has the following programs in the Finance and Services Department: Accounts Payable Payroll Sewer Billing Fixed Assets Cash Receipts Municipal Court General Ledger Business Tax The department is also responsible for the word processing center, which is currently a WANG OIS system. The new data processing system should interface with the current Wang OIS system. The Vendor may decide to replace the OIS system with another system. This will be considered if it is shown to be equal to or better than the OIS system. The system requirements for word processing are upgrades in terminals, additional terminals and additional printers. A description of the OIS word processing is in Section 5.5. B. GENERAL SYSTEM REQUIREMENTS Each of the elements of the accounting and budgetary systems must allow for multi-operator input. Wherever possible, data should only be entered once in the system. The systems must allow for historical data from 1 to 3 years. Reports must be easy to format. The systems must be accessible to other departments, but with conditions. The system must allow for multi-users without slowing it down. C. SYSTEM DESCRIPTION The Finance Department has need for updated software to accomplish accounting, budgetary, business tax and municipal court functions. Entries into the general ledger come from four major sources: cash receipts, purchases, payroll and journal entries. The software we are seeking will need to concentrate on updating the general ledger simultaneously as cash, purchases, payroll and journal entries are posted. The business tax and municipal court systems are separate systems. The municipal court reporting does tie into the general ledger. 1. Cash Receipts Cash receipts are written for actual dollars received and deposited by the City. The receipt has all of the information necessary to update revenues and in the case of receivables; the information to update customer accounts. it is our intent that the information need only be entered into the system once. A pre-posting report of each day's cash receipts should be generated. Once this report is balanced, the City• of Tigard - Computer RFP 36 receipts can be posted with simultaneous updating of general ledger accounts and subsidiary customer accounts. As each receipt is entered a verification of the general ledger account number and a subsidiary account number will be made. If either number is incorrect, the system will stop. 2. Accounts Receivable There are three basic types of accounts receivable in the City. Utilities, assessments and miscellaneous. The system will have to generate billings for each one. a. The utilities have three kinds of billing—sewage treatment, sewer line maintenance and storm drainage. The utilities are currently billed quarterly, but the system should allow for monthly billirq� The utilities are billed on one bill, although they affect (:Ifferent general ledger account numbers. There are four accounts receivable accounts. The sewage treatment is billed in one amount, but is divided into two accounts, 70% to a payable and 30% to a revenue. The other two are to revenue. Within the utiliti,,s are various types of customers who are treated differently for billing purposes. The software will need to accommodate these variances. A two to three year history is desirable. b. Assessments can be bonded or unbonded. They normally are billed semi-annually with simple interest. Through legislative and other changes, some accounts are billed more frequently.. Each assessment has different terms and different interest rates. History of the entire assessment must be kept. c. Miscellaneous receivables are billings for overtime, damages, etc. and are done on an as needed basis. A one year history should be sufficient for these kind of receivables. 3. Purchases/Accounts Payable Purchases are made by purchase orders in most cases. There are payments made for items by check request and VISA as well. The payment system for the City should allow for these various types of expenditures. Currently, the purchase orders are entered into an encumbrance system for budgetary purposes. Although an encumbrance system is not totally necessary, a good accounts payable system is. The system should have the following features; multi-operator input, a pre-posting report, deferred payment of entered invoices, a delayed check write and simultaneous posting to the general ledger. The system should allow for one-time vendors, indicate vendors who are subject to 1099 reporting and prepare the 1099's. On data entry the general ledger account number is to be verified before continuing There should be at least 13 periods to allow for year-end closing. City of Tigard - Computer RFP 37 i 4. Payroll With the implementation of FLSA or other federal regulations, the City may have several pay periods. The City will have both hourly and salaried employees. The system will have to meet the record keeping requirements of FLSA, accrue sick leave, vacation and holidays. The payroll checks will have printed on them the accumulated sick leave, vacation etc, and a report for management will be prepared. The system will need to compute overtime, comp. time, retirement and other reports as well as deductions. The system will automatically update employee files, general ledger and accruals. A pre-posting report, verification of general ledger accounts on input, delayed check write and simultaneous posting to the general ledger are required. The City currently has four different retirement plans the system will need to accommodate. S. Journal Entries Journal entries are made on a daily basis and should be entered as such. Verification of general ledger accounts on input, pre—posting reports and simultaneous posting to the general ledger and subsidiaries are required. 6. General Ledger The general ledger is the main system of the City's transactions and is the source of all its financial reports. The budgetary system runs parallel to the general ledger. The reporting structures from the general ledger should be on several levels--section, division, department, program and audit. GAAFR and GAAP formatting for audit reports is essential. Trial balances are required on an as needed basis, as well as on a monthly basis. Three years information is required. The budgetary system is distinct from the accounting system. The budget is adopted in July of each year, but adjustments are made during the year. The system should accommodate these adjustments. The system for reporting purposes must tie into the general ledger system for comparisons with actual revenues and expenditures. 7. Fixed Assets Entries into the fixed assets system will be from the purchases and journal entry systems and will tie to the general ledger. The system will be required to compute depreciation, keep separate records by item and total to the general ledger grand objects. The system need not be on line at all times, however the accounts payable system will need to update the files when posting. City of Tigard — Computer RFP 38 8. Business Tax The business tax system is a record keeping and information gathering program. It must accommodate up to 2.500 businesses, prepare tax certificates to be displayed by the businesses, and prepare reports for other departments to use. The system should generate automatic annual billings to the businesses and generate second notices with appropriate penalties included. 9. Mt1nicipal Court The Municipal Court system tracks the citations written by the police department from date of citation through clearance date. The system will generate trial and arraignment dockets. In addition, the system is required to keep statistical information for use by the police department, the accounting department for the State and the court clerk for the State. The cash receipts system should tie into this program to show paid citations. Reports should be easy to format. Again multi--operator input is necessary. Two years data for historical purposes is necessary. 10. Property Control The City is required to keep track of all purchases of equipment items. Those that are over $500 are tracked through the fixed assets system. The items that are less than $500 need to be identified and kept track of through a property control system. The system would include a description of the item, the vendor, approximate purchase date and the location of the item. Entries would be made to transfer location, delete if no longer usable , etc. 0. Volume Information Annual/Current 5 Year Proiection Sewer/storm drainage customers 19,500 25,000 Cash receipts 6.500 12,000 Accounts payable vendors 300 500 Checks/frequency (weekly) 3,000 51000 Payroll # employees 85 125 # Payroll checks (semi-monthly) 2,750 4,000 Business taxes 1,500 21500 Court 4,800 10.000 Property control -O- 50,000 General ledger accounts 3,000 10,000 City of Tigard - Computer RFP 39 SECTION 5.2 COMMUNITY DEVELOPMENT DEPARTMENT SYSTEM A. INTENTION It is the intent of the Community Development Department to automate mapping information and file management, and to streamline the processing of land use applications and permits. The department consists of four divisions, namely Planning, Engineering, Building, and Public Works Operations. Land development progresses through each division with various applications and permits being required. File and mapping information cross into all divisions. Currently the Department has Holguin and Associates software and Wang hardware for some engineering functions only. B, _GENERAL SYSTEM REQUIREMENTS The department seeks an on—line system capable of multi—user input and output. Over ninety percent of the information handled and processed by the department relates to a geographic location. The department desires to automate both mapping information and conventional file data and have the two interact with one another when processing and reading data. The major component of the system is a Property Master File in which all prior, current and future property parcels will reside on the system and be identified and cross referenced by address, tax lot and/or conventional file designation. [ C. SYSTEM DESCRIPTION <. The following is a general outline of the software applications and components required. These requirements include both conventional file and mapping information data. 1. Property master file 2. Land use application processing and file management 3. Permit processing and file management 4. Mapping information management 5. Design engineering, surveying and public facility systems analysis 6. Fleet management 7. Public works operations file management S. Code enforcement file management 9. Public (capital) improvement project file management (L.I.D.) 1. Property Master File a. Cross reference by address, tax lot and map number (Washington County) and application and/or permit number b. Map sketch and/or mapping information for particular parcel being called up c. Report data on permit, application and complaint activity (file no. references) d. Deed, easement and other use encumbrances e. Prior parcel tax lot and map number 40 City of Tigard — Computer RFP EMMM C" 2. Land Use Application Processing and File Management a. Type and file number b. Property owner notification processing (interface with word processing) c. Correspondence references d. Property/Parcel/I.D. s Officer, Council and LURA activity e. Planning Commission, Hearing f. Staff reports and approvals (conditional) g. Ability to add standard report items randomly 3. Permit Processing and File Management a. Building Permits: The building and inspection control module will be used to maintain records on building history, inspection logs for projects under construction and to perform some forecasting of inspection work loads. The system is required to maintain a descriptive building file and inspection logs for new construction. For each unit in the descriptive building file, the following general information should be kept: — Building permit number — Sewer info: Availability, — Business location address surcharges, date connected, — Mailing address part of L.I.D. — Owner's name — Date built — Owner's phone number — Date remodeled — Owner's address — Special comments For each unit in the descriptive building file, the following construction information should be kept: — Fire Sprinkler — Construction type — Fire alarm — Total square feet -• occupancy class — Ground area square feet — Roof construction — Basement square feet — Roof covering — Building height — Wall framing — Number of stories — Exterior finish type — Value — Structure columns — occupancy square feet For each unit of the inspection logs for new construction the following data need to be input (multiple entries depending on the requirement for construction): — Permit number — Building code standard — Map/tax lot number paragraph numbers of 4 digits — Inspector number — Completed/inspected date for — Description of construction each standard paragraph — Type of inspection — Reinspection date for each — Occupancy class standard paragraph — Date due for each — Reinspection / standard paragraph — Comments 41 City of Tigard — Computer RFP Ability to produce an inspection-pending and -completed reports by inspector number, showing: - Due date _ Inspection type - Permit number Description of construction - Occupancy class Ability to interface with the word processing system to produce standard notification letters to builders. Information to be passed to the word processing file would include: - Business name - Inspection date - Business address, etc. - Standard paragraph number - Owner name Standard paragraph short - Phone number description - Inspection type b. Public Improvement Permits - The public improvement permits module will be used to maintain records on the processing of the permit applications. The unit shall include the following: - Type and file number - Plan circulation and approvals - Cross reference to - Public facility impacts land use applications - Dedications, easements, - Engineer's estimate agreements and other legal - Bond type and deadlines dt�cvment references - Correspondence references - Council activity - Owner/Developer/Engineer information ® 4. Mapping Information Management The department is currently responsible for a majority of the City's mapping and graphics needs. The primary need is city-wide general information related to land use, public facilities and transportation. Other needs include specific site mapping for planning purposes, engineered construction drawings, and various graphs and charts. Engineering is currently assembling parcel maps geometrically from networked survey data. However, both mathematical and digitized mapping is desired. The primary goal is to obtain a system that not only automates mapping functions but also assists the user with reading and interpreting map information. The department would like to retain its current mapping software (Holguin S Associates) for specific engineering, surveying and base mapping needs. However, more flexible software with continuous map and layering capabilities when creating or reading maps is desired. Ar City of Tigard - Computer RFP 42 5. Design Engineering Surveying and Public Facility Systems Analysis As previously mentioned the Engineering Division currently has a part of a software package produced by Holguin b Associates of E1 Paso, Texas. The package is called Civil Engineering and Automated Design System (C.E.A.D.S.) and currently runs on the City's Wang 2200 MVP hardware system. Engineering has the following software modules included in this C.E.A.D.S. package: - Disk management - Field control system (survey) - Geometric design - Automated drafting system - Wastewater collection system Other C.E.A.D.S. software modules that Engineering does not have but would like to obtain (at least obtain the functions) include: - Earthwork - Other wastewater programs - Master design system The Division would ultimately like to expand its computer function into traffic, street inventory, and the Corps of Engineers HEC I and HEI. II flood plain analysis programs. Due to recent enhancements to this C.E.A.D.S. system and continued support by the vendor the Engineering Division would like to retain and expand this software. The Division has also recently considered converting and expanding this software on a micro hardware system. With respect to hardware the division will need both a plotter and digitizer capable of producing and digitizing maps 36" X 48" in size. 6. Fleet Management a. Fleet Maintenance Management System - The fleet maintenance system is intended to provide information to plan, schedule and control maintenance of city vehicles, special rolling stock (backhoes, etc.) and small motorized tools. The city vehicle fleet is broken into maintenance rotation groups determined by usage - e.g. , police cars are in for maintenance more frequently than cars for general use. Preventive maintenance on all equipment is triggered by the time associated with the rotation group, not mileage. When maintenance is performed, all labor hours and parts are charged to a specific budget line of the city department or division. The maintenance system should group the costs to pass to the general ledger at month-end closing. City of Tigard - Computer RFP 43 The module needs to be capable of maintaining records for each > piece of equipment with the following data: — Equipment number — Contact person — Make — License number Model — State inspection date — Year — Maintenance group (this — Engine size specifies the rotation — Serial number period before preventive — Department using maintenance is required for the equipment this piece of equipment The module needs to be capable of maintaining a maintenance history record for each piece of equipment showing: — Date of work — Cost of labor Mechanic number — Cost of materials — Mileage — Equipment number — Repair order number — PM flag (if this record was — Work performed description a preventative maintenance The module needs to be capable of producing the following reports: Preventive maintenance schedule for a user specified date range. Data printed should include the equipment description data, the department and contact data, and the maintenance group -- Equipment maintenance analysis showing all work done on a specific piece of equipment Maintenance checklists keyed by maintenance group for each scheduled piece of equipment 7. Public Works Operations File Management The Public Works Operations Division consists of four sections, Wastewater, Streets, Parks and Operations Support. The Division is responsible for the operation and maintenance of various public facilities and requires automation with scheduling, equipment, and materials and supply inventory. Scheduling needs include: — Street sweeping — Sanitary and Storm line — Brushing program maintenance — Sign maintenance — Street repair — Traffic marking — Equipment needs -- Park maintenance k� s _ .. 44 City of Tigard Computer RFP i 8. Code Enforcement File Management There are several types of code violations or nuisances - noxious vegetation, illegal signs, broken sidewalks - against which the City receives complaints. The complaints are logged and a letter is sent to the responsible person, instructing him to remove or repair the nuisance. The recipient has a period of time to do so before the City will do the work and subsequently bill the owner or occupant of the property. A system is needed to maintain complaint records and their disposition, to produce schedules of due dates for work to be done so that City personnel can follow up, and to generate financial entries. In some cases, a contractor will be hired to perform the work and must be paid upon completion. The amount will be billed to the owner or occupant. If the bill is not paid, the amount becomes a lien against the property. The module needs to maintain complaint records, data to include: - Date of complaint - Action to be taken: - Name of complainant Notice posted date - Phone Letter sent date - Location of nuisance Date assigned (address) Work performed by - General description Date abated - Map/tax lot number Notice of finance date - Subdivision name Initials responsible .• - Name of owner/occupant - Received by initials The module needs to be able to produce contractor instruction sheets The module needs to be able to interface with the word processing system to produce standard notification letters to owner/occupant. Data to be passed is: - Address - Map/tax lot number The module needs to be able to produce schedules by date of actions to be taken: - Sort by letter-sent date - Date assigned - Notice posted date The module needs to be able to produce a listing of liens against properties. i 45 City of Tigard Computer RFP 9, Public (Capital) Improvement Project File Management These projects are primarily City projects and include Local Improvement Districts. At this time the calculations and detailed specifications for a majority of these projects are performed by an engineering consultant, however, City engineering staff will perform a few of these projects. The Department's greatest need is to automate the processing and tracking of these projects through their various stages. This includes file correspondence, Council activity, consulting engineering information, and mapping information updates. 0. VOLUME INFORMATION Annual/Current 5 Year Projection Parcels of Land 10,000 14,000 Square Miles 8.5 11.5 Land Use Applications 100 (Annual) 100 1,500 (on file) 21000 Building Permits 360 (Annual) 300 5,000 (on file) 7,000 Public Improvement Permits 40 (Annual) 40 500 (on file) 750 Public Improvement Design Projects 3 10 25 (on file) 50 Number of Public Works Crews 6 10 Number of Vehicles 56 75 4 is 46 City of 'Tigard — Computer RFP �'. SECTION 5.3 POLICE COMPUTER SYSTEM A. INTENTION It is the intention of these specifications to set forth the minimum requirements for the performance of a police information management system. In order to demonstrate total system knowledge and requirements, the bidder shall submit a proposal package. This package shall consist of sample reports. 8. GENERAL SYSTEM REQUIREMENTS It is the desire of the department to purchase a computer system that is a state—of—the—art computer system providing total automation of police records operations from incident entry to statistical management and UCR reports including storage of complete case reports. This system shall also be able to interface with the Oregon Law Enforcement Data System (LEOS), and the Oregon Uniform Crime Reporting System. This system must provide the following benefits: 1. Specifically designed for operation by sworn and clerical personnel 2. Multi—terminal system that allows simultaneous on—line use in many locations — records, dispatch, detectives, etc. 3. Instantaneous and simultaneous access to all system functions from any dterminal in the system 4. Provide numerous types of statistical reports with easy to use and read menus 5. Interface capability with the Oregon Uniform Crime Reporting System b. Interface capability with the Oregon Law Enforcement Data System (L£OS) 7. UCR reports can be produced immediately and at any time 8. Blotter reports for public information 9. Security is built in to protect records from unauthorized access 10. Single mask entry to all modules, with capability to search all modules at the same time. Ability to match one module with another, e.g. "no file" to the "known offender file" 11. Mask to enter forced choice data on all crime reports C. SYSTEM DESCRIPTION This system shall perform all information storage and retrieval functions of a law enforcement agency. The system operator shall enter information by using a keyboard at a terminal. The system operation shall be City of Tigard Computer RFP 47 interactive. The computer shall prompt and respond to commands from the -operator. The operator shall be able to select the various functions using clear, understandable menus. The system shall provide screen prompts to guide the operator through step-by-step procedures. The system shall provide "fill in the blank" screens to enter new data or to update a file. The operator shall be able to type in the information, verify the entry visually and be able to correct any errors. The system must then print and/or transfer data to all associated files automatically. All data entered must be available instantly to the entire system and to operators in other department locations. Reports shall be able to be made in a variety of ways, including SOUNDEX (similar sounding) name searches, and by using combinations of data elements such as a type of car, location, incident, etc. The operator shall be able to record dispatched time, arrival time, cleared time, reporting party name, summary remarks, disposition and dispatcher ID. System shall be used to identify an individual who looks suspicious or is situated in a suspicious location, and will include the following information describing the status of the individual: time of contact, driver's license number, description of the vehicle, and physical characteristics of the individual. This will be know as the Field Contact Report. System shall be used to make an evaluation of each crime that occurs and is reported. Data to be entered includes: details of the crime, such as where the crime occurred, how it was reported, and when the crime took place. Names .of the victim, reporting party, and witnesses shall be entered, containing the address, age, sex, and race of each. If crime involves a document related incident, data that includes the type of document that was reported and reason it was reported shall be entered. A description of the method of operation that was used in a particular crime shall be entered. Data identifies the location, how and where the suspect entered and left the scene, and the actions that the suspect displayed. Names of suspects involved in a crime are to be entered, to include a complete physical description of each suspect such as race, appearance, hair color, and various other items. A description of a vehicle that was used by the suspect in relation to a crime shall be entered into the system, to include a complete description of the vehicle. The system must be able to process information concerning a vehicle that was abandoned, stolen or recovered. The same information as entered for a crime report shall be able to be entered for a vehicle report. System shall be used to process information concerning an individual who is in custody. Location and time the arrest occurred, a brief description of the arrested individual, and any identifying numbers assigned to the case shall be entered. Charges administered to the arrested subject shall be entered. The arrested subject's vehicle shall be entered, to include description of the vehicle as well as what actions were taken on the vehicle. City of Tigard - Computer RFP 48 The system shall be able to evaluate a piece of property that was stolen, abandoned, or recovered. Data to be entered includes whether the loss was due to a crime or vehicle incident, and gives the victim's name and address where the incident occurred. Descriptions of the pieces of property, including item number, size, color, make, and value of each piece shall be entered. The system shall be able to display a list of items in sequence of the item number so that all items that relate to the same incident can be displayed at one time. The system shall be able to identify a case involving a person who is a runaway juvenile, missing person, deceased naturally or by accident, sick or injured, or any other variation that is applicable. Data to be entered shall include information that is required for crime report data entry. The system must provide a name index file, whereby inquiries by name reference and incident number reference can be made. The system shall be able to make quick add entries, and provide a listing of agency identifier codes. The name of anyone entered under any of the programs shall be able to be located under this file. Names shall be listed alphabetically beginning with whatever name or section of name is entered. This file shall include address, any physical descriptors, date of contact, reason for contact, officer making contact, and grid. This file must also be able to inquire an incident number, and screen will display data from this file. This file must include the capability of adding and deleting names. Other system modules to be provided are: IMIS (Investigative management information system) Traffic accident/citation reports Patrol zones and grids This system must be able to interface with other departments within the city to access the following functions: Personnel statistics Budget management Jurisdictional limits, (i.e. roads, city limits) Crime scene drawings Fleet/equipment management Sewer/tax billing Word processing Community Development modules, specifically to (a) flag a certain address with information that a resident may be dangerous, etc. ; (b) obtain cross street information at all listed addresses; and (c) able to provide apartment layout guide whereby all apartment numbers can be located i. Y 49 City of Tigard - Computer RFP D. VOLUME INFORMATION t ' Annual/Current 5—Year Projections Name Index File 40,000 125,000 Single Mask Entries 18,500 50,000 Daily Activity Sheets 26,000 60,000 Statistical Reports 3,000 4,500 Stolen Property Reports 3,888 12,000 Property/Evidence Receipts 1,830 6,000 BudgetiMisc. Spreadsheet 15 col.x 5,000 rows 30 col.x 10,000 rows 5` s _3 City of Tigard - Computer RFP 50 SECTION 5.4 POLICY AND ADMINISTRATION A. INTENTION The purpose of the applications in policy and administration is to achieve the objectives for (a) increase the productivity of managers in tailoring reports and in producing tables to be used for long-term planning of city resources. The applications will be needed by all departments to some degree, and most specifically for the Administration Department. The specific functions are electronic spread sheets, report writer, and specialized city management software. B. GENERAL SYSTEM REQUIREMENTS Many decisions are based upon resource projections using current and historical trends. The capability for managers and staff with minimal training to quickly tailorize a report form or statistical tables will be useful for project, department and city-wide planning and control. Valuable time is saved if part of the data can be down-loaded from existing finance and word processing files and up-loaded for printing. The policy and administration applications will largely run independent of the main system in order for the applications to be used on a portable CRT. C. SYSTEM DESCRIPTION 1. Electronic Spreadsheet The City Administration Department prepares statistical reports for city-wide planning and for decisions by the City Council and the Budget Committee. Department heads and other managers may also use the application to a lesser degree on program revenues, performance measures, and land use and development questions. The data used are largely from budgets, staffing levels, and performance measures. Typically up to five years of historical information is used, two to three current years (proposed, adopted, control), and five to ten future years. The number of line items range from a few up to the number of line items in the budget. Subtotals are made throughout to be selectively used in grand totals. The ability to create variable column widths and to easily change column formats is mandatory. In addition the ability to break away from a table to do a breakdown of a specific item without disturbing the main spreadsheet is needed. 2. Report Writer Management and other staff members often create statistical tables and present information for decisions. To be most effective in producing these specialized reports the report writer program must enable staff with a minimum amount of training to create, manage, and produce statistical tables. This or the previous application must also be capable of producing graphs and simple flowcharts. y City of Tigard - Computer REP 51 a €s r 3. Specialized City_Management Software The International City Managers Association (ICMA) has developed specialized software packages for local governments. The applications are designed to handle a local government application so as to increase productivity and management capacity. The technical requirements are the following: - IBM-PC/XT or PC/AT fixed-disk microcomputer (or compatible) - MS/DOS (or PC-DOS) operating system, version 2.0, 2.1, 3.0, or 3 .1 - Minimum machine memory of 256K (320K for DOS 3.0 or 3.1) - Recommended TOMB fixed disk - Recommended letter-quality printer The programs which the City may be purchasing separate from this contract and are currently available are the following: - Community correspondence system - Financial trend monitoring system - Public works management system - Minute minder system - Records management system - Code administration and enforcement training package 52 City of Tigard - Computer RFP SECTION 5.5 WORD PROCESSING A. INTENTION ed word processing support system which means all The City has a centraliz production jobs are to be done by the word processing section, with two "floater" terminal used by clerical support personnel and others trained for other word processing tasks. B. GENERAL SYSTEM REQUIREMENTS The City has a Wang OIS 115 system with four 64K terminals and two printers. The operating system is currently being upgraded to the WP Plus software. There is a need to expand the system to include work for police and Library once we move into the new civic center. The following System Description gives only the major new features of the WP Plus software. C. SYSTEM DESCRIPTION 1, Document Size •- "WP Plus" supports widths up to 250 characters horizontally and a maximum document size of 8,000 pages. 2. Column Editin - The column handling capability supports two main types of columns: tabular and word wrapped. Tabular column functions include the ability to insert, delete, move, and copy tabular data within the same columnar d"out output of approximately 120table or to another a tabular�c lumns,p Plus" allows for the create P Multiple word-wrap columns and the ability to perform the above mentioned edit operations on those columns are a key part of the "WP Plus" design. 3. Attr___ ibutes - "WP Plus" features "attributes" or emphasis factors that can be applied to the text. The attributes include underscore, superscript, subscript, bold, double underscore, revision marks, and strike-thru. Operators no longer have to code the documentororthese features. The attributes will print just as they app ear screen. They can be assigned as the text is typed or on previously entered text. 4. Sglit Screen Editing - WP Plus" features the ability to "split screens" and display a document and an index, or two documents simultaneously. With the split screen capability, it is possible to view, compare and even edit both displayed areas. 5. "UNDO" - "WP U ersPlus" canhas easilyability recallttextnthatthe waslast lastediting function deleted,d, moved, completed. copied, inserted or replaced. 6. Extensive Format Line Editing - Just as text can be edited, "WP Plus" format lines can also be edited supporting delete, move, copy and named and recalled, insert operations. Format lines can also be allowing "one-time input" and easy recall. Additional special formatting capabilities (implemented through special characters din the format line) include: left margin, center alignment, ecimal hanging indent. and right justification. alignment, comma alignment, 53 City of Tigard - Computer RFP r 7. Document View - Documents can be displayed (but not edited) without their control characters. 8. Menus in the Editor - "WP Plus" displays menus, when appropriate, to aid the user in creating or removing emphasis or references to text. 9. Hot Print - "WP Plus" allows a document to be queued to print while the user continues to edit/create the document. 1.0. Spelling Verification/Dictionary - Misspellings are viewed in the context of the document while the system presents the most probable corrections. 11. Computer Based Instruction - An on-line training package enables users to learn "WP Plus" in their own work environment and at their own pace. 12. Document Scrolling - Smooth vertical scrolling by line, screenload or page. 13. Highlighting - Highlighting is supported in both forward and backward directions. 14 Comprehensive Search - The "WP Plus" search facility supports: searching for multiple text strings; case sensitivity and insensitivity; user-defined starting point; wild card search; backward search; and search parameter recall. 15, Headers and Footers - "WP Plus"offers headers and foaters for single pages, multiple pages, all pages or any combination. 16. Glossary/Decision Processing -- Glossary and Decision Processing allow users to store and retrieve commonly used keystrokes and instructions. A host of additional IF tests and features are supported in "WP Plus", including multiple character entry names, on error conditions, get time and date data, etc. 17. File ComgatibilitA - Conversion utilities will be provided in the first release of "WP Plus" to enable documents and glossaries to be moved between the existing WP editor and WP Plus. The utilities provide two-way conversion (to and from the WP Plus document structure. p' Y! w City of Tigard Computer RFP 54 �� t SECTION 5.6 LIBRARY SYSTEM The City's Library belongs to the Washington County Cooperative Library System (WCCLS) which recently got voter approval on a levy which included an automation system. Their specialized needs relating to their circulation, patron tracking, etc. will be part of this system. fi } , gyp City of Tigard — Computer RFP 55 • SECTION 5.7 PROPOSED COMPUTER TERMINAL NUMBER AND LOCATION A. POLICE DEPARTMENT 1. Immediate Requirements CRT #1 — Located in Dispatch Area to be used for the Information Storage and Retrieval System primarily, and secondary use of all other police applications. CRT #2 — Located in Investigations Division for primary use of all police applications. CRT #3 — Located in the Crime Analysis Area for use as a floater by all of the Department. Access will be into all police applications, CRT #4 — Located in the Dispatch Area — Services Division for direct access into all police applications and interfacing with other city applications. Printer #1 — Located in the Dispatch Area — Services Division, intended for specialized printing requiring an immediate hard copy. 2. Five Year Projections - Three additional CRTs for police applications located in the Records Area, Investigations Division, and Patrol Division. 8. LIBRARY DEPARTMENT 1. Immediate Requirements CRT #1 — Located in the Work Room Area for access by all trained library staff into the word processing system, limited access into the accounting system, and occasional use of the electronic spreadsheet, and report writer. There may be limited access to the community development system if possible. Printer #1 (optional) — The proximity of the library and the word processing area lends itself to requiring a printer, however, anticipated volume levels will be low therefore there is a desire to minimize cost per printed page. C. FINANCE AND SERVICES DEPARTMENT 1. Immediate Reguirements CRT 01, #2, and #3 — Located in the Accounting Section for use by all staff in the section using the accounting system. One of these terminals will be responsible for doing back—ups and basic system maintenance. CRT #4, #5, #6, and #7 — Located in the Support Services — Word Processing Section for word processing. Two terminals are dedicated to key production staff in the section, and two are "floaters" for others in the section and in the city. City of Tigard — Computer RFP 56 CRT #8 - Located in Department Head's office and used as a "floater" which is capable of accessing both the accounting and word processing systems. CRT #9 - Located in the reception area to be used by court with occasional use by the receptionist. The terminal needs to access both accounting and word processing systems. Two separate terminals cannot replace this requirement. Printer #1 - Located preferably in the computer room for accounting reports. It needs to be a high volume printer for printing reports, checks and billing statements. Printer #2 and #3 - Located in the word processing area with sound covers. Letter quality, optional dot matrix with high quality, high speed, both continuous feed and single feed capability, with at least one capable of using wide paper and printing 256 characters across. Sounds covers required. Printer #4 - Located in the accounting area, a small printer to print a single screen for use by anyone having a specific question on information in the accounting system. Cash Register #1 - Located at the Reception Area a cash register to interface with the accounting cash receipts module. 2. Five Year Projections - One additional CRT which can be used as a floater for both accounting and word processing, and one to two additional printers depending on work volumes in both accounting and word processing. D. COMf'iUNITY DEVELOPMENT DEPARTMENT 1. Immediate Requirements CRT 01 - Located in the Building Section to access the community development applications, in particular the permit process and code enforcement programs. CRT #2 and #3 - Located in the Engineering Section to have access into all of the community development applications, in particular the property master file, mapping information, design engineering, and public (capital), improvements. CRT #4 - Located in the Planning Section to have access into the community development system, in particular the land use applications. CRT #5 - Located in the Public Works Operations Area (off-site from the main complex) to have access into the community development system and the accounting system if possible. The primary applications are fleet management, public works operations, and public (capital) improvements. 57 City of Tigard - Computer RFP u CRT # 6 6 7 - Located in the Community Development Administration area to be used by administration and clerical staff. Both terminals need to have access into community development and word processing systems, or if that is not possible, one needs to be community development and the other word processing. Preferably, one terminal can also access the accounting system. Plotter and Digitizer — Located in the Engineering Section capable of producing and digitizing maps 36" X 48" in size. Printer #1 — Graphics printer to be located in the Engineering Section. A noise cover is required. Printer #2 — Located near the counter area, a small printer for printing permits and special forms for applications and permits. Plotter — Located in the Engineering Section. 2. Five Year Proiections — One additional CRT in the Community Development area, and one in the Public Works Operations area. Both to be used as "floaters" accessing the community development system. E. POLICY AND ADMINISTRATION 1. Immediate Requirements CRT #1 — Portable terminal to be used as a stand—alone, capable of connecting to both the word processing and accounting systems. The primary, specialized use of the terminal is the electronic spreadsheet, report writer, and personnel management. It is to be used primarily by administration, and also available to other department heads and key staff. City of Tigard Computer RFP `�$ SUMMARY BID FORM PRO_ POSAL FOR CITY OF TIGARD DATA PROCESSING HARDWARE AND SOFTWARE Date: 1985 TO: City of Tigard 12755 S.W. Ash Avenue Tigard, Oregon 97223 Ladies 6 Gentlemen: carefully examined the Request for Proposal entitled CITY OF TIGARD Having y as noted below, and the REQUEST FOR PROPOSALS FOR addendaPROCESSING by the D SOFTWARE dated October 31, 1985, as well as all ing the work, the Undersigned states he has the premises and conditions affect complete the work and proposes to furnish all labor and personnel and means to complete ark required by and in strict accordance materials and to performawsums breakdowns othe following bid forms) (amounts must age with the an med dUllowing PURCHASE PRICE FOR ENTIRE SYSTEM _ ---- -- 001_LARS PURCHASE PRICE FOR YEAR ONE ) DOLLARS_ ( BRIEF DESCRIPTION OF SYSTEM CHANGES IN THE WORK e Cit thy involving extra cost Where changes or alterations are the oriz asubs►ltte d re d for extra work, the or where estimates authorized by rices given. The City may increase or cost to the City will be based on the p decease the amount ° efors any med it miecessare shouldy not or eaffectnan increase increase or or decrease in the quantity decrease in the unit price, (continued) 59 City of Tigard — Computer RFP ADDENDA RECEIVED # , dated # dated # dated # dated # dated # dated It is hereby agreed that this proposal will not be withdrawn within 90 calendar days after opening of bids. It is expressly agreed that persons engaged in execution of work hired by Contractor or by a subcontractor shall be conclusively deemed to be employees of Contractor or of such subcontractor, and under no circumstances and for no purpose shall be deemed to be employees of the City. It is hereby agreed that the Contractor accepts the contract terms and conditions verbatim included within this Request for Proposal unless otherwise noted according to Section 1.3 in the Request for Proposal. Name of Firm By (signature) 8V (printed) Title Address Zip Code Telephone NOTE: If bidder is a corporation, write state of corporation; and if a partnership, give full names and addresses of all partners below: If the Contractor is proposing subcontractors for part of the work, list company name, address, responsibility, phone number, and contact person. Attach an additional sheet if necessary. 4 END OF SUMMARY BID FORM City of Tigard — Computer RFP 60 Y , BID FORM 2: UNIT PRICES AND COST' COMPARISONS (page 1 of 3) HARDWARE: List all pieces of hardware including cables, connectors, etc. (Attach additional sheets if necessary) Model Quan— Description Unit Total Annual Number tit Price Price Mainten. L TOTAL HARDWARE AND MAINTENANCE COSTS XXXXX $ $ SOFTWARE Title Description Total Annual Price Mainten. TOTAL SOFTWARE AND MAINTENANCE COSTS xxxxx $ $ City of Tigard - Computer RFP 61 BID FORM 2: UNIT PRICES AND COST COMPARISONS (page 2 of 3) TRAINING: Include training costs both on—site and off—site, training materials, and related costs. If off—site, describe location and number of days. Vendors do not need to include travel expenses to and from the sessions. Number Description Total Attending Cost TOTAL TRAINING COSTS $'---- OTHER: List all other costs such as licenses, delivery and installation, etc. Total Description Cost TOTAL OTHER COSTS $_ TOTAL HARDWARE COSTS $ TOTAL SOFTWARE COSTS $ TOTAL TRAINING COSTS $ TOTAL OTHER COSTS $ TOTAL ALL COSTS (does not include maintenance) MUST AGREE WITH QUOTE ON THE SUMMARY BID FORM $ TOTAL HARDWARE MAINTENANCE $ TOTAL SOFTWARE MAINTENANCE $ TOTAL ANNUAL MAINTENANCE COSTS S 62 City of Tigard — Computer RFP BID FORM 2: UNIT PRICES AND COST COMPARISONS (page 3 of 3) OTHER PURCHASING OPTIONS: If lease purchase options are available, please describe what can be part of the option and what cannot be from the above list, and give the factor for both a three—year and five—year lease purchase option. Assume at the end of the period the City will own the equipment and will not have to pay an additional cost to buy--out the option. List Portions to include in the Option Total Cost TOTAL COST FOR ITEMS ON LEASE PURCF{ASE $ TOTAL COST FOR ITEMS NOT ON LEASE PURCHASE $ MONTHLY COST FOR THREE YEAR OPTION $ { MONTHLY COST FOR FIVE YEAR OPTION $ a NOTES: d J 3 63 City of Tigard - Computer RFP BID FORM 4: RECOMMENDED SOFTWARE CONFIGURATION (do one form for each system) SYSTEM: Title/ CRT & location CRT & location Package w/full access w/limited access Application #1 Application #2 Application #3 Application #4 Application #5 Application #6 Application #7 Application #8 Application #9 Application #10 Application #11 Application #12 Notes: 65 City of Tigard — Computer RFP BID FORM 3: RECOMMENDED HARDWARE CONFIGURATION (do one form for each system) SYSTEM Model# Description Location CPU Drive Storage CRT #1 CRT #2 CRT #3 CRT #4 CRT #5 Printer #1 Printer #2. Printer #3 Other Notes: City of Tigard — Computer RFP 64 FORM 5: SOFTWARE SYSTEM COMPARISON Please compare your proposed software system to each application and reporting requirement specified below and on the following pages. Identify your ability to meet the requirements by placing a 1, 2, 3, 4 or 5 on the line next to each requirement. If additional information is needed to clarify an answer, make a note next to the answer further information is provided, and please attach the clarification clearly referencing the requirement. The response definitions are: 1 = Currently available and operational in a customer environment 2 = Available to the City through a report writer 3 = Available with minor modifications requiring ten or less man hours 4 = Available with additional modifications requiring more than ten man hours 5 = Not available with the proposed system ACCOUNTING SYSTEM — GENERAL SYSTEM REQUIREMENTS Allows multi—operator input Data is entered only once as much as possible Allows for three years of historical data Reports can easily be reformatted System has internal control mechanisms to allow access by other staff without impacting the integrity of the data Updates the general ledger simultaneously as cash, purchases, payroll and journal entries are posted Municipal court reporting ties into the general ledger t ACCOUNTING SYSTEM — CASH RECEIPTS Cash receipts are entered into the system only once and updates revenue accounts or customer accounts automatically, whichever is appropriate A daily pre—posting report is produced of the day' s cash receipts General ledger accounts or subsidiary customer accounts updated automatically upon balancing daily receipts and instruction by operator Upon posting, the system verifies the general ledger account and a subsidiary account number, and if incorrect, the posting will stop until further instruction ACCOUNTING SYSTEM — ACCOUNTS RECEIVABLE System is flexible and allows the user to bill utilities quarterly or monthly Multiple utilities can be billed on a single bill The charges and related customer accounts on the utility bill can vary for individual customers and are automatically split to the designated accounts as received A two to three year history is available on utility bills Assessments can be billed semi—annually or otherwise with simple interest Selected assessments can be billed at a frequency rate selected by user Each assessment can have different terms and different interest rates, computed automatically Complete histories of all assessments are retained by the system City of Tigard — Computer RFP 66 ACCOUNTING SYSTEM — PURCHASES/ACCOUNTS PAYABLE Allows payments by purchase orders and other means such as check requests and VISA Includes an encumbrance system for budgetary purposes Allows multi—operator input Accounts payable must be effective for accrual purposes Produces a pre—posting report Allows deferred payment of entered invoices Allows a delayed check write Simultaneous posting to the general ledger Handles one—time vendors efficiently Indicates vendors who are subject to 1099 reporting and prepares the 10993 The general ledger account number is to be verified on data entry before continuing There are at least 13 periods to allow for year—end closing ACCOUNTING SYSTEM — PAYROLL Handles different pay periods at any one time as deter-mined by the user Efficiently handles both hourly and salaried employees The payroll file will store data required by FLSA Store and update the accumulated sick leave, vacation, etc, and print a report as requested Compute overtime, comp. time, retirement and other reports as well as deductions Automatically update employee files, general ledger and accruals Verification of general ledger accounts upon input Allows delayed check write Allows simultaneous posting to the general ledger Prepares a pre—posting report Can accommodate varying benefits across the work force, e.g. up to six retirement plans ACCOUNTING SYSTEM — JOURNAL ENTRIES Entries are made on a daily basis Verification of general ledger accounts upon input Produces pre—posting reports Simultaneous posting to the general ledger and subsidiaries ACCOUNTING SYSTEM — GENERAL LEDGER The source of all financial reports Runs parallel to the budgetary system Provides multiple levels for reporting, i.e. section, division, department, program and audit GAAFR and GAAP formatting for audit reports Trial balances are produced monthly and upon request Three years of data are accessible The budgetary system is distinct from the accounting system Adjustments can be made to the budget during the year The budgetary system ties into the general ledger for comparisons with actual revenues and expenditures for reporting purposes City of Tigard — Computer RFP 67 ACCOUNTING SYSTEM — FIXEO ASSETS Entries are from the purchases and journal entry systems and tie to the general ledger System computes depreciation Retains separate records by item and the total to the general ledger grand objects Updated by the accounts payable system when posting ACCOUNTING SYSTEM — BUSINESS TAX Accommodates r-) to 2,500 businesses Prepares tax certificates Prepares reports for departmental use Generates automatic annual billings to the businesses and second notices with appropriate penalties included for outstanding bills ACCOUNTING SYSTEM — MUNICIPAL COURT .r_.._iracks—c.-itations -written by--the--paH-ce--cFepmrtmer►t from—datE --of citation through clearance date Generates trial and arraignment dockets Retains statistical information for use by the police department, the accounting department for the State, and the court clerk for the State Ties into the cash receipts system to show paid citations Reports should be easy for the user to format and to change Allows multi—operator input Maintain two years of historical data ACCOUNTING SYSTEM — PROPERTY-_CONTROL Each record includes a description of the item, the vendor, approximate purchase date, and the location of the item Records can be revised when item moves location or is no longer usable, etc. S, f. City af 'Tigard Computer RFP 68 FORM 5: SOFTWARE SYSTEM COMPARISON Please compare your proposed software system to each application and reporting requirement specified below and on the following pages. Identify your ability to meet the requirements by placing a 1, 2, 3, d or 5 on the line next to each requirement. If additional information is needed to clarify an answer, make a note next to the answer further information is provided, and please attach the clarification clearly referencing the requirement. The response definitions are: 1 = Currently available and operational in a customer environment 2 = Available to the City through a report writer 3 = Available with minor modifications requiring ten or less man hours 4 = Available with additional modifications requiring more than ten man hours 5 = Not available with the proposed system COMMUNITY DEVELOPMENT SYSTEM — GENERAL SYSTEM RE UIREMENTS Handles multi—user input and output Automates both mapping information and conventional file data Processes and reads data from both the mapping and conventional files and allows both to interact The Property Master File includes all prior, current and future property parcels, identified and cross referenced by address, tax lot and/or conventional file designation COMMUNITY DEVELOPMENT SYSTEM — PROPERTY_MASTER FILE The property master file includes the following data: Cross reference by address, tax lot and map number (Washington County) and application and/or permit number _ Map sketch and/or mapping information for particular parcel being called up Report data on permit, application and complaint activity (file no. references) Deed, easement and other use encumbrances Prior parcel tax lot and map number COMMUNITY DEVELOPMENT SYSTEM — LAND USE APPLICATION PROCESSING The land use application processing and file management module includes the following data: Type and file number Property owner notification processing (interface with word processing) Correspondence references Property/Parcel/I.D. Planning Commission, Hearings Officer, Council and LUBA activity Staff reports and approvals (conditional) Ability to add standard report items randomly COMMUNITY DEVELOPMENT SYSTEM — PERMIT PROCESSING BUILDING PERMITS The building permit file maintains records on building history The building permit file performs some forecasting of inspection work loads The building permit file maintains a descriptive building file and inspection logs for new construction. 69 City of Tigard — Computer RFP For each unit in the descriptive building file, the following general information should be kept: Building permit number Business location address Mailing address owner's name owner's phone number Owner's address Sewer information, i.e. availability, surcharges, date connected, part of L.I.O. Date Built Date remodeled Special comments For each unit in the descriptive building file, the following construction information should be kept: Fire sprinkler occupancy class Roof construction Roof covering Wall framing Exterior finish type Structure columns Construction type Total square feet Ground area square feet Basement square feet Building height Number of stories Value occupancy square feet _ For each unit of the inspection logs for new construction the following data need to be input (multiple entries depending on the requirement for construction) : Permit number Map/tax lot number Inspector number Description of construction Type of inspection occupancy class Date due for each standard paragraph Building code standard paragraph numbers of A digits Completed/inspected date for each standard paragraph Reinspection date for each standard paragraph Reinspection completed date Comments Ability to produce an inspection—pending and —completed reports by inspector number, showing: Due date Permit number Occupancy class Inspection type Description of construction 70 City of Tigard - Computer RFP r Ability to interface to word processing system to produce standard notification letters to builders. Information to be passed to the ' word processing file would include: Business name, address, etc. Owner name Phone number Inspection type Inspection date Standard paragraph number Standard paragraph short description PUBLIC IMPROVEMENT PERMITS The public improvement permits module maintains records on the processing of the permit applications. The unit shall include the following: Type and file number Cross- reference to—lamd-ose-applzcations Engineers estimate Bond type and deadlines Correspondence reference Council activity Owner/Developer/Engineer information Plan circulation and approvals Public facility impacts Dedications, easements, agreements and other legal. document references COMMUNITY DEVELOPMENT — MAPPING INFORMATION MANAGEMENT Both mathematical and digitized mapping is possible using data from parcel maps from geometrically networked surveys Automates mapping functions and assists the user with reading and interpreting map information The department is able to retain its current mapping software (Holguin & Associates) for specific engineering, surveying and base mapping needs Flexible software with continuous map and layering capabilities when creating or reading maps COMMUNITY DEVELOPMENT — DESIGN ENGINEERINGISURVEYING AND PUBLIC FACILITY SYSTEMS_ANALYSIS The system includes the following software modules from the Civil Engineering and Automated Design System (C.E.A.D.S.) produced by Holguin & Associates or an equal to or better than system (attach complete description and technical specifications): Disk management Field control system (survey) Geometric design Automated drafting system Wastewater collection system Earthwork Other wastewater programs Master Design System City of Tigard — Computer RFP 71 acs _ The system has software making it possible to expand into the following areas: Traffic Street inventory The Corps of Engineers HEC I and HEL II flood plain analysis programs COMMUNITY DEVELOPMENT — .FLEET MANAGEMENT The fleet maintenance system provides information to plan, schedule and control maintenance of City vehicles, special rolling stock (backhoes, etc.) and small motorized tools Preventive maintenance on all equipment is triggered by the time associated with the rotation group, not mileage When maintenance is performed, all labor hours and parts are charged to a specific budget line of the City department/divisions The maintenance system groups the costs to pass to the general ledger -mcmth=end—cl-osimg ' The module needs to by capable of maintaining records for each piece of equipment with the following data: r Equipment number, make, model, year, engine size and serial number Department equipment used in and contact person License number State inspection date Maintenance group (this specifies the rotation period before preventive maintenance is required for this piece of equipment The module maintains a maintenance history record for each piece of equipment showing: Date of work Mechanic number Mileage Repair order number Work performed description Cost of labor Cost of materials Equipment number _ pM flag, if this record is a preventative maintenance record The module produces the following reports: Preventive maintenance schedule for a user specified date. Data printed includes the equipment description data, the department and contact data, and the maintenance group Equipment maintenance analysis showing all work done on a specific piece of equipment Maintenance checklists keyed by maintenance group for each scheduled piece of equipment COMmuNITY DEVELOPMENT — PUBLIC WORKS OPERATIONS FILE MANAGEMENT The public works operations file management system provides scheduling for the following functions: Street sweeping Brushing program Sign maintenance Traffic marking 72 City of Tigard — Computer RFP r _ Park maintenance Sanitary and storm line maintenance Street repair Equipment needs COMMUNITY DEVELOPMENT — CODE ENFORCEMENT FILE MANAGEMENT m The code enforcement file management system maintains complaint f records and their disposition Produces schedules of due dates either for work to be done or far City personnel to follow up Generates financial costs to be billed to the property owner if the City does the work If the bill is not paid, the amount automatically if flagged and becomes a lien against the property The module maintains complaint records, data to include: Date of complaint -Name of-complai-nant and phone number --- Location of nuisance (address) General description Map/tax lot number Subdivision name Name of owner/occupant Received—by initials Action to be taken, i.e. Notice posted date, letter sent date, date assigned, work performed by, date abated, notice of finance date, and initials responsible The module produces contractor instruction sheets The module interfaces with the word processing system to produce standard notification letters to owner/occupant. Data to be passed is: Address Map/tax lot number The module produces schedules by date of actions to be taken: Sort by letter—sent date Notice posted date Date assigned The module produces a listing of liens against properties COMMUNITY DEVELOPMENT — PUBLIC CAPITAL IMPROVEMENT PROJECT FILE MANAGEMENT Automates the processing and tracking of these projects through the stages of public improvements Tracks and creates a correspondence file including Council activity, Consulting Engineering information and mapping information updates 73 City of Tigard — Computer RFP FORM 5: SOFTWARE SYSTEM COMPARISON Please co a your proposed software system to each Spplicati n and reporting requirement specified below and on the following page to meet the requirements by placing a 1, 2, 3, 4 or 5 on the line next to each requirement. If additional information is needed to clarify an answer, make a note next to the answer further information is provided, and please attach the clarification clearly referencing the requirement. The response definitions are: 1 = Currently available and operational in a customer environment 2 = Available to the City through a report writer 3 = Available with minor modifications requiring ten or less man hours 4 = Available with additional modifications requiring more than ten man hours 5 = Not available with the proposed system POLICE SYSTEM _ Provides total automation of police records operations from incl en entry to statistical management Produe: UCR reports at operator request Prr,i.o.-s storage of complete case reports tnt:� i.�:es with the Oregon Law Enforcement Data System (LEDs) 1:.1-.erf-Aces with the Oregon Uniform Crime Reporting System Desirned for multiple user operation for sworn and clerical staff '%law? simultaneous on-line use throughout the department Instantaneous and simultaneous access to all police system functions from any terminal in the system Blotter reports taken automatically from police reports showing only information not considered confidential for public release Nigh level of security on all files to protect records from unauthorized access modules with capability to search all Single mask entry to all modules at the same time Ability to match one module with another, i.e. "no file" to the "known offender file" Mask to enter forced choice data on all crime reports The system operation is interactive using clear, understandable menus Provides screen prompts to guide the operator through step-by-step procedures Provides on the screen "fill in the blank" queries to enter new data or to update a file Operator can visually verify keyed in data on the screen and correct if necessary Prints reports as input into the system, and transfers data to all associated files automatically if appropriate Data entered into the system are available instantly to the entire police system and to operators throughout the police department Report formats and data combinations can be made a variety of ways to allow maximum flexibility for the user Includes SOUNDEX (similar sounding) name searches Dispatch records include dispatched time, arrival time, cleared time, reporting party name, summary remarks, disposition and dispatcher ID to be input by the operator upon occurrence 74 City of Tigard - Computer RFP Produces a Field Contact Report to be used in identifying a suspicious individual or an individual in a suspicious location which includes the time of contact, driver's license number, description of the vehicle, and physical characteristics of the individual Produces an evaluation of each crime that occurs and is reported using the following data: Details of the crime, how it was reported, when the crime took place, names of the victims, reporting party, witnesses (address, age, sex, and race of each witness) If document related, the type of document that was reported and reason it was reported Description of the method of operation that was used in a particular crime, the location, how and where the suspect entered and left the scene, the actions that the suspect displayed, names of the suspects involved in a crime, and a complete physical description of each suspect such as race, -appearance,-hair--color, and"-various--other-items7 - A complete description of a vehicle that was used by the suspect in relation to a crime System processes information concerning a crime involving a vehicle to check whether vehicle was abandoned, stolen or recovered System produces a vehicle report using information entered for a crime report Processes information concerning an individual who is in custody including the following data: Location and time the arrest occurred Brief description of the arrested individual Any identifying numbers assigned to the case Charges administered to the arrested subject Description of the vehicle if any used by the arrested subject Actions taken on the vehicle Evaluates a piece of property that was stolen, abandoned, or recovered using the following entered data: Whether the loss was due to a crime or vehicle incident Victim's name and address where the incident occurred Descriptions of the pieces of property including item number, size, color, make, and value of each piece entered Displays a list of items entered as property in sequence of the item number so that all items that relate to the same incident can be displayed at one time Identifies a case involving a person who is a runaway juvenile, missi-y Ferson, deceased naturally or by accident, sick or injured, or a ot.ier variation that is applicable Pro, idoi a name index file whereby inquiries by name reference and int r. number reference can be made, able to make quick add entries and provides a listing of agency identifier codes Name index file shall include the name of anyone entered under any of the other programs Name index file shall have names listed alphabetically beginning with whatever name or section of name is entered, and shall include address, any physical descriptors, date of contact, reason for contact, officer making contact, and grid Name index file handles inquiries by incident number, and screen will C., display data from the file upon inquiry Name index file capable of adding and deleting names City of Tigard -- Computer RFP 75 M System includes a module for Investigative management information System includes a module for traffic accident/citation reports System includes a module for patrol zones and grids System interfaces with personnel statistics file System interfaces with budget management module System interfaces with jurisdictional limits records System interfaces with crime scene drawings System interfaces with fleet/equipment management module System interfaces with sewer/billing module System interfaces with word processing System interfaces with community development for information relating to public safety, i.e. address where resident may be dangerous, cross street information at all isted addresses, and apartment layout guide whereby all apartment numbers can be located t i s 4: 'l 76 City of Tigard - Computer RFP FORM 5: SOFTWARE SYSTEM COMPARISON ' please compare your proposed software system to each application and reporting requirement specified below and on the following pages. Identify your ability to meet the requirements by placing a 1, 2, 3, 4 or 5 on the line next to each requirement. If additional information is needed to clarify an answer, make a note next to the answer further information is provided, and please attach the response definitions clarification clearly referencing the requirement. The are: 1 = Currently available and operational. in a customer environment 2 = Available to the City through a report writer 3 = Available with minor modifications requiring ten or less man hours 4 = Available with additional modifications requiring more than ten man hours 5 = Not available with the proposed system POLICY AND AOMTNISTRATION - GENERAL SYSTEM Data can be downnloaded from existing finance files for use in a special application, and up-loaded for printing Data can be down-loaded from existing word processing files for use in a special application, and up-loaded for printing Applications can be used on a portable CRT POLICY AND ADMINISTRATION - SPREADSHEET Handles 15 columns and up to 2000 rows Allows subtotals to be created and automatically revised and used for other and final totals Allows for variable column widths Allows. blocks of information, rows or columns, to be highlighted for moving or manipulation The user can break away from a table to do a breakdown of a specific item without disturbing the main spreadsheet POLICY AND ADMINISTRATION - REPORT WRITER Staff with minimal training can create, manage, and produce statistical tables Produces graphs, simple flow charts, and organizational. charts POLICY AND ADMINISTRATION - SPECIALIZED CITY MANAGEMENT SOFTWARE The system has the following specialized software programs produced either by ICMA or other which is equal to or better than: Community correspondence system Financial. trend monitoring system Public works management system Minute minder system Records management system Code administration and enforcement training package } 77 City of Tigard - Computer RFP FORM 5: SOFTWARE SYSTEM COMPARISON 1� Please compare your proposed software system to each application and reporting requirement specified below and on the following pages. Identify your ability to meet the requirements by placing a 1, 2, 3, 4 or 5 on the line next to each requirement. If additional information is needed to clarify an answer, make a note next to the answer further information is provided, and please attach the clarification clearly referencing the requirement. The response definitions are: 1 = Currently available and operational in a customer environment 2 = Available to the City through a report writer 3 = Available with minor modifications requiring ten or less man hours 4 = Available with additional modifications requiring more than ten man hours 5 = Not available with the proposed system WORD PROCESSING The system has WP Plus for the Wang OIS system The system has a system equal to or better than WP Plus (include complete description and technical specifications) The system includes the following enhancements: Document size for widths up to 250 characters horizontally and a maximum document size of 8,000 pages Column editing, both tabular and word wrapped "Attributes" or emphasis factors that can be applied to the text Split screen editing, displaying a document and an index, or two documents simultaneously "Undo" or the ability to "undo" the last editing function completed Extensive format line editing Document view where document can be displayed without their control characters, but not edited Menus in the editor Not print allowing a document to be queued to print while the user continues to edit/create the document Spelling verification/dictionary where misspellings are viewed in the context of the document while the system presents the most probable corrections Computer based instruction Document scrolling, vertical by line, screenload or page Highlighting both forward and backward Comprehensive search for multiple text strings, case sensitivity and insensitivity, user-defined starting point, wild card search, backward search, and search parameter recall Headers and footers for single pages, multiple pages, all pages or any combination Glossary/decision processing to store and retrieve commonly used keystrokes and instructions To do IF tests including multiple character entry names, error conditions, get time and date data, etc. r:. File compatibility to convert documents and glossaries from existing WP editor to WP Plus or new software } 78 City of Tigard — Computer RFP sr , f Novgmber 15, 1985 REQUEST FOR PROPOSALS CITY OF TIGARD DATA PROCESSING HARDWARE AND SOFTWARE ADDENDUM NO. 1 This addendum is issued for the Opurpose october 31f1985.fic�o�en addedand/orportiansnare of the Request for Proposal dated underlined. ITEM 1: SECTION 1.4. Add at the end of the section the following: _ "Deliver- —and--instal•-lation shall .be accordin to -a schedulusubmitte - b it w the vendor and a roved b the Cith deliver and installation be inni on the above named date with testing and performance following rapidly aCCOrding to the approved schedule." ITEM 7: SECTION 1. 14: Paragraph 3 add the following sentence on conversion so the paragraph reads as follows: "The costs will be determined, based on the requirements specified in the Specifications. COSTS SHALL INCLUDE LEASE OR PURCHASE COSTS, INTEREST CHARGES IF ANY, MAINTENANCE, SHIPPING, FACILITY PREPARATION (INCLUDING ANY ADDITIONAL STAFFING), INSTALLATION, INSURANCE, TRANSPORTATION, CONVERSION, TRAINING, DOCUMENTATION AND MAINTENANCE MANUALS, AND SUCH OTHER MISCELLANEOUS COSTS AS MAY RE INCURRED BY THE CITY IN THE IMPLEMENTATION OF THE PROPOSAL. Proposed prices must be firm and not estimated. Actual conversion costs can be listed separately and if actual costs cannot be resented an estimate of costs along with time and method of conversion shall be presented_ In the event actual costs are higher, the difference will. be born by the vendor." ITEM 3: SECTION 1.15: Add the following sentence and prime contractor responsibilities so the paragraph reads as follows: "The successful vendor will be required to assume responsibilities for delivery, installation, and maintenance of all equipment, software, and support services offered in the proposal, whether or not it is the manufacturer or producer of them. Maintenance and support can be rovided b subcontractors responsible for certain portions of the system however the prime contractor is responsible for proposina and showing a total system which satisfies all requirements. Further, the City of Tigard will consider the vendor to be the sole point of contact with regard to contractual matters, \_ including payment of any and all charges resulting from lease or 4. ,purchase of the entire system configuration." Cit* of Tigard, Oregon Computer RFP Addendum No. 1 Page 2 ITEM 4: SECTION 2.6: Paragraph 3, line 4 should read as follows: . .procure for City the richt to continue using the alleged infringing product.. " ITEM 5: SECTION 2.9: Paragraph 2 on Public Liabilities and Property Damage Insurance shall read as "Public Liability and Property Damage Insurance with limits of not less that $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 Contractor's activities or work hereunder, including the operations of his subcontractors of any tier. Such insurance shall include provisions or endorsements naming City, its Officers, Employees and Representatives and additional insureds' , provisions that such insurance is primary insurance with respect to the interests of the City and that any other insurance maintained by by City is excess and riot 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 of liability reduced without thirty (30) 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 City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be furnished to City." ITEM 4: SECTION 4.1: Add the following at the end of the section: "For budgeting purposes, sample cost estimates were prepared last March for the Bud et Committee following guidelines set in the needs assessment, This document is attached as Exhibit A for the purpose ofgiving- vendors some indieation of the expectations of City Council. The City will award the bid following an evaluation of capabilities in relation to costs The City may decide to _divide the hased purchase into phases or to vary the number of units purc Lnitially. ' ITEM 7: PAGES 80 and 81: Delete pages 80 and 81 in their entirety. END OF ADDENDUM NO. 1 t. t EXHIBIT "A" Addendum No. 1 SAMPLE 11ARDWARE COSTS: NOTE: These costs are representative of typical complete systems provided by the vendor. Specific details prepared by each vendor are available. VENDOR SYSTE.`f COST MAINTENANCE Digital VAX 11/750 $174,616 $1,280/mo VAX 11/730 $126,875 $1,022/mo St. buy out 11/750 $161,944 $1,304/mo 11/730 $115,660 $1,046/mo Informap $ 60,000 $ 600/mo (est) Wang VS 45 $ 69,170 $ 744/mo Hewlett Packard HP 3000/Sr.48 $224,696 $2,408/mo lip 3000/Sr.42 $150,835 $1.625/mo tip 1000 $ 70.000 $ 300/mo SAMPLE SOFTWARE COSTS: NOTE: Costs below include different options so prices are not completely comparable. Detailed system program descriptions are available. VENDOR COMPUTER COST Admins DEC VAX 11/750 $60,000 DEC VAX 11/730 $30.000 Informap/Synercom DEC $70,000 Idaho Comp. See. HP $47,000 Holguin 6 Assoc. HP $25,000 Pacific Contract Nang $40,000 + F i' Ch co cli cn LJ C !fn W tx H co N O U F- X �A W N N I 1 V1 U3 U? W O tr W F W W W W C-4 ++ N LA. .� Cl) L6 e4 t7 W li 0. O 0. W 0. L ]C O N CC cr` CK cn FL— CL 0 IL I 1 ~` O O to ol El* 0 s faa a s coLaLAJ CA. m %D .� +, _ LO m O Mw .. � ,� .. ..r- Ta w Q, L x rMO � O�O p 4j en S � .NNC � L -.0 � O L ) 0 v g O C6 CL L H1-4= EDW S ENC .1C O CA O O N C aC" Ln O. Kl CD 0. L W 0. M T m W O to L O rd 1 0 0 Q .O3+ O Ym Q � Oxm .4 .+ Oen 0cn y. H O J LJaT � m H f ;; v 41 N I I CY JTpp41 41 L J e � L U � = Op C L � G� 0 .� co ria N N 41 E S1. L1 Q CL C C O m