Loading...
City Council Packet - 01/13/1986 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an v fA u v REGULAR MEETING AGENDA agenda item needs to sign on the appropriate a�+� BUSINESS AGENDA sign--up sheet(s). If no sheet is available, 4 JANUARY 13, 1986, 7:00 P.M. ask to be recognized by the Chair at the start 1 •.�+A FOWLER JUNIOR HIGH of that agenda item. Visitor's agenda items are . rA 10865 SW WALNUT asked to be to 2 minutes or less. Longer matters E•+ a TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator. 7:00 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 7 :05 2, VISITOR'S AGENDA (2 Minutes or Less, Please) 7 : 10 3. PRESENTATION OF KEYS TO THe_ CITY o Mayor 7 : 15 4, 72ND AVENUE LID PRELIMINARY FINAL. Rt_PORI DISCUSSION o Marlin Detiaas, Project Engirwur 8 :00 5. RECREATION PLAN AND PARK MA.INTENANG1. DISCUSSION o Associate Planner Newton 8 :30 6. STREETS STANDARDS POLICY DISCUSSION o Associate Planner 1_iden 5 7. PUBLIC HEARING - COMPREHL:N SI.VL PLAN AMLNDMLNI CPA 16--95 ZONI CHANGE_ ANNEXATION ZOA 16--85 LLOYD AND ARt_F 1 1 E TAYLOR NPO N 3 A request to annex 34.9 acres of Iand into t:he City of Tigard. Also a request, to assign to Lho property the Comprohon->ive Plan das ign.-itior. of i_ow Density Residential and thv R- 4 .5 zoning desi�jrratior,. The prupe!rty is located approximately 2500 ft south of `;W Walnut. and wc,yt of t.traa `.:,W 1?2nd Avenue right-of--way (WCTM2S1 4 lata; 400 & 1200) a Public Hearing Oporwd o Declarations Or Challenges a Summation By Planning Staff o Public Testimony: Proponents, Opponents, Cross E.xaminati n, o Recommendation by Planning `',Laff o Council Questions Or, Commcurts o Public Hearing Closed o Consideration Hv Council 9 :00 8. PUBLIC HE.ARLNG - COMPREHENSIVE. PLAN AMI:_NDMENI Cuf" 14 84, 70PAt +)t?t�lr AniC.t. AMENDMENT ZOA 6-85 HISTORIC DISTRICT Ot:` iGNAi 10N A request by the City of Tigard to r•ev i ew Carat lc•r 113 . 8% (Fi. :?t:,,r i�. )i�t r i c:t: Overlay) -- of the Community Dovplopment Codra <Aro t..: i-c.r, :.W of Volume I Resource Document of tho adopted ;nrnpr•k,,hen,ivo Pl,xrl .•d,rc rclratot, to Historic Sites within the City of Tigard Urb,,�n P! tnrtir�al Aura. o public Clearing Opened a Declarations Or- Challernc3o-U o Summation By Planning Staff 1 q Public Testimony: Proponents, ONponvr&• , Cross t x,ornin:rt:iar, o RccommendalAort by Planrriru; Staff _ o Council. Questions ter- Comments o Public Hearing Closed o Consideration By Council COUNCIL AGENDA _. JANUARY l i, 1986 - Pricl 1 9 : 15 9, PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 15-85 ZONE ORDINANCE AMENDMENT ZOA 9-85 Comprehensive Plan Amendment to review Policy 7.1.2 of the Findings, Policies, and Implementation Strategies document. Also, for a Zone Ordinance Amendment to review proposed changes for the following sections of the Community Development Code: 18.104 Fuel Tank Installations 18.146 Flexible Setback Standards for Developed Lots 18.100.1101c) Screening of Swimming Pools 18.66.030 Add religious assembly as a permitted use 18.32.130(a)(1)(B) Procedures for Decision Making : Quasi-Judicial 18.144.020 Accessory Uses and Structures 18.80.015(c) The Process (Planned Development) 18.114.130(c)(2)(A) Commercial zones (wall sign area) 18.84.040 (a) Approval Standards 18.60.040 change "parking services" to "?marking facilities" 18.62.030 18.64.030 18.66.030 " 18.68.030 18.70.030 18.72.030 o Public Hearing Opened o Declarations Or Challenges o Summation By Planning Staff o Public Testimony: Proponents, Opponents, Cross Examination a Recommendation by Planning Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council 9 :3 5 10. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 10.1 Approve Council Minutes: 1/6/86 10.2 Receive and File: o November Departmental Reports o Community Development Land Use Decisions o Codes Enforcement Civil Infraction Ordinance Report 10.3 Approve Board and Committee Reappointments o Economic Development Committee: Amo deBernardis, Patrick Kennedy, and David Clement - Resolution No. 86-08 o Transportation Advisory Committee: Mark Padgett and Dennis Hummel - Resolution No. 86-09 10.4 Approve Update To 18-Month CIP List 10.5 Approve Modified Engineers List 10.6 Approve 72nd Avenue LID Final Assessment - Call Public Hearing - Resolution No. .86-10 10.7 Approve Contract - R.A. Wright - Dartmouth Street LID 10.8 Accept Maintenance Bond Replacement For Carnahan' s Addition Subd. 9:40 11. NON-AGENDA ITEMS: From Council and Staff S 12. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d) & (h) to discuss pending/current litigation and labor relations issues. 10:00 13 ADJOURNMENT lw/3595A COUNCIL AGENDA - JANUARY 13, 1986 - PAGE WNW T I G A R D C I T Y C O U N C I L REGULAR MEETING MINUTES — JANUARY 13, 1986 — 7:00 P.M. 1, ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, and Jerry Edwards; City Staff: Bob Jean, City Administrator; Liz Newton, Senior Planner (left at 9:00 PM); Mark O'Donnell, Legal Counsel; and Loreen Wilson, Deputy City Recorder. 2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS a. City Administrator requested the following: o agenda item #3 - continue to 1/20/86 o agenda item #10.7 - continue to 1/20/86 o agenda item #10.2 - add Murray Road Extension Memo o agenda item #11. 1 -- add Council Goals Memorandum o agenda item #11.2 - add County communication issues b. Motion by Councilor Edwards, seconded by Councilor Brian to approve as amended. Approved by unanimous vote of Council present. 3. VISITOR'S AGENDA - No one appeared to speak. 4. PRESENTATION OF KEYS TO THE CITY a. Consensus of Council was to consider at the 1/20/86 meeting. 5. POLICE CHIEF DIMENSIONS DISCUSSION a. City Administrator stated his memo dated 1/10/86 sets for the procedures for the Police Chief selection. He stated that Oregon Law requires public input prior to Council approving the test criterion in Executive Session. Ms. Helen Terry has been hired as a consultant to develop, with staff and Council, the dimensional criterion and conduct the assessment center in February. b. Helen Terry described the assessment center process to the audience and requested input as to the dimensional criterion for the Chief's position. C. The following people testified: o Allan Patterson, 11605 SW Manzanita, stated the ability to work with minimum service levels while maximizing the resources is a unique requirement for the successful Chief of Police candidate. Other areas which need demonstrated strengths are: strong communication skills; leadership skills; strong public relations; citizen education needs; the ability to work together with citizens; and a high profile in the community. Page 1 - COUNCIL MINUTES JANUARY 13, 1986 o Ted Pazderic, 13435 SW 107th, hoped the new Chief would spear—head a "home-watch" type program with strong public relations commitments. Citizens have a need for better communications with the Police Department. o Don Moen, 11395 SW Ironwood Loop, suggested the City look for a community team—builder. The Chief should demonstrate a positive attitude especially with the youth programs and must have experience with rapidly growing urban area issues. A good manager, with people skills, is needed to get the most out of limited resources. a Dave Atkinson, SW Century Oak Drive, suggested attention be given to more consistent patrolling and a more thorough reporting process by the Police Department. a Mark Padgett, 11270 SW 95th Avenue, encouraged Council to hire a Chief who could instill confidence in the citizens for the Police Department and maintain a high visibility in the community with strong public relation skills. o Wilbur Bishop, 10590 SW Cook Lane, congratulated Chief Bob Adams on many years of good service to Tigard. Mr. Bishop then requested Council look for the following qualities in a Chief candidate: High visibility in community; measured and controlled aggressiveness based on good judgment; background in Police enforcement with expertise demonstrated in burglary intervention; and strong skills in working with schools and youth to monitor and eliminate ,. drug abuse. o Geraldine Ball, 11515 SW 91st Avenue, requested the successful Chief candidate have the desire to work with the youth of the community. o Carolyn Eadon, 13645 SW Steven Court, asked that the new Chief be highly visible in the community and develop a rapport with different neighborhoods, create more neighborhood watch programs, develop school programs, and have strong intergovernmental relations skills. o Dave Atkinson, asked that the City advertise more for citizen involvement in programs such as neighborhood watch. He noted that staff and Council support of such programs is not sufficient without strong citizen participation. d. City Administrator stated the Police Department is currently doing many of the things suggested by the citizens. He continued by saying that this is a good time for staff and citizens alike to make a renewed commitment for stronger community relations and involvement, the development of a partnership between the citizens and the "City" Page 2 — COUNCIL MINUTES — JANUARY 13, 1986 V 6. RECREATION PLAN AND PARK MAINTENANCE DISCUSSION a. Senior Planner Newton presented the Park Plan and Recreation Plan addendum. Mr. John Mahler, Consultant, answered questions and suggested Council consider the new material which outlines proposed costs for the program. City Administrator noted the Park Board would review the material at their 1/16/86 meeting. This item will be considered at the 1/20/86 Council meeting. 7. PUBLIC HEARING - COMPREHENSIVE PLAW AMENDMENT CPA 16-85 ZONE CHANGE ANNEXATION ZCA 16-85 LLOYD AND ARLETTE TAYLOR NPO # 3 A request to annex 34.9 acres of land into the City of Tigard. Also a request to assign to the property the Comprehensive Plan designation of Low Density Residential and the R-4.5 zoning designation. The property is located approximately 2500 ft south of SW Walnut and west of the SW 132nd Avenue right-of-way (WCTM 2S1 4 lots 400 6 1200). a. Public Hearing Opened b. Senior Planner Newton synopsized the history of the application and noted the area is within the City's area of interest and contiguous to the city limits. She noted the Boundary Commission would hold the annexation request until a current suit is settled regarding the possible zoning of the area. C. Public Testimony: Carol Klingele, 12900 SW 132nd, questioned what would happen to her street and when development on the property would take place. Staff explained the annexation and development process to her and noted that no plans for development of the property were on file at this time. Tony Orlandini, 12925 SW 132nd, expressed concern about the improvement of the street and also questioned the process. d. Senior Planner Newton recommended approval. e. Public Hearing Closed f. RESOLUTION NO. 86-11 A RESOLUTION FURTHERING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED. (TAYLOR) CPA 16-85/ZCA 16-85. g. Motion by Councilor Brian, seconded by Councilor Edwards to approve. Approved by unanimous vote of Council present. h. ORDINANCE NO. 86-01 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA 16-85) AND ZONE CHANGE (7.CA 16-85) (TAYLOR) AND DECLARING AN EFFECTIVE Y DATE. Page 3 COUNCIL MINUTES - JANUARY 13, 1986 tr x, i. Motion by Councilor Brian, seconded by Councilor Edwards to adopt. Approved by unanimous vote of Council present. 8. 72ND AVENUE LID PRELIMINARY FINAL REPORT - DISCUSSION a. Marlin DeHaas, Project Engineer, highlighted the final assessment report. He noted the following change on page 9 of the report. 1. Final Assessment - The last sentence should be changed to read as follows: "The result is that the final assessment will reflect a 21.3% reduction if compared to the preassessment and a 57.3% reduction if compared to the Deficit Assessment alone." He continued by saying the total project cost was $2,502,808.15 with the assessable cost being $1,722,075.25 and city participation of $780,732.90. b. City Administrator noted the city usually participates about 15% of the total project cost. This LID the City participated 31% of the final costs, The public hearing for the final assessment will be held 1/20/86. 9. PUBLIC WjMWtiG - PLM T CPA 14-+15 ZONE ORDINANCE AMENDMENT ZOA 6-85 HISTORIC DISTRICT DESIGNATION A request by the City of Tigard to review Chapter 18.82 (Historic District Overlay) - of the Community Development Code and to review of ESEE section of Volume I Resource Document of the adopted Comprehensive Plan which relates to Historic Sites within the City of Tigard Urban g Planning Area. a. Public Hearing Opened b. Senior Planner Newton briefed Council regarding the process and stated this was one of the last requirements tied to the acknowledgment of the Comp Plan by LCDC. C. Public Testimony: No one appeared to speak. d. Senior Planner Newton recommended approval. e. Public_ Hearing Closed f. ORDINANCE NO, 86-02 AN ORDINANCE AMENDING CHAPTER 18.82 OF THE CITY OF TIGARD COMMUNITY DEVELOPMENT CODE AND DECLARING AN EMERGENCY (CPA 14-85) g. Motion by Councilor Brian, seconded by Councilor Edwards to adopt. h. Motion by Councilor Brian, seconded by Councilor Edwards to amend the ordinance by deleting the emergency clause and noting the ordinance would be effective after the 31st day after enactment. Motion to amend approved by unanimous vote of Council present. Motion to adopt, as amended, approved by unanimous vote of Council present. Page 4 - COUNCIL MINUTES - JANUARY 13, 1986 mom 10. PUBLIC HEAT COMPREHENSIVE PLAN AMENDMENT CPA 15-85 ZONE ORDINANCE AMENDMENT ZOA 9-85 Comprehensive Plan Amendment to review Policy 7.1.2 of the Findings, Policies, and Implementation Strategies document. Also, for a Zone Ordinance Amendment to review proposed changes for the following sections of the Community Development Code: 18.104 Fuel Tank Installations 18.146 Flexible Setback Standards for Developed Lots 18.100.110(c) Screening of Swimming Pools 18.66.030 Add religious assembly as a permitted use 18.32.130(a)(1)(B) Procedures for Decision Making : Quasi-Judicial 18.144.020 Accessory Uses and Structures 18.80.015(c) The Process (Planned Development) 18.114.130(c)(2)(A) Commercial zones (wall sign area) 18.84.040 (a) Approval Standards 18.60.040 change "parking services" to "parking facilities" 18.62.030 is of 18.64.030 " It 18.66.030 " " " it 18.68.030 18.70.030 It 18.72.030 " Is a. Public Hearing Opened b. Senior Planner Newton explained each proposed change to Council and asked for direction in those areas where staff recommendation and Planning Commission action differed. C. Public Testimony: No one appeared to speak. d. Senior Planner Newton recommended approval with direction from Council on areas not agreed upon by staff and Planning Commission. e. Public Hearing Closed f. Motion by Councilor Brian, seconded by Councilor Edwards to direct staff to prepare ordinance for adoption as set out in staff memo with the following clarification: 18.32.130 (a)(1)(B) require notification of property owners within 250 feet of the site and that i8.114.130 (c)(2)(A) have language included which would allow walls with varying, or staggered, wall face, to be able to use more than one face to compute the sign coverage area. It was suggested that language be added which would limit the coverage of one staggered face to no more than 50% of the total wall area. Approved by unanimous vote of Council present. 11. STREETS STANDARDS POLICY DISCUSSION a. Senior Planner Newton stated staff would need additional time to study the policy issues regarding streets standards. Staff currently has a request for Davidson's property on the corner of 4 Walnut Place and 99W for a sidewalk variance. Since Council does p. not have a policy regarding these requests, she requested .i direction from Council on this issue. Page 5 - COUNCIL MINUTES - JANUARY 13, 1986 • i b. After lengthy discussion, Councilor Edwards moved to table the matter to 1/20/86 for further study by staff. Councilor Brian seconded the motion. Approved by unanimous vote of Council present. 12. 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: 12.1 Approve Council Minutes: 1/6/86 12.2 Receive and File: o November Departmental Reports o Community Development Land Use Decisions o Codes Enforcement Civil Infraction Ordinance Report o Murray Road Extension Memo 12.3 Approve Board and Committee Reappointments o Economic Development Committee: Amo deBernardis, Patrick Kennedy, and David Clement - Resolution No. 86-08 o Transportation Advisory Committee: Mark Padgett and Dennis Hummel - Resolution No. 86-09 12.4 Approve Update To 18-Month CIP List 12.5 Approve Modified Engineers List 12.6 Approve 72nd Avenue LID Final Assessment -- Call Public Hearing - Resolution No. 86-10 12.7 Approve Contract - R.A. Wright - Dartmouth Street LID 12.8 Accept Maintenance Band Replacement For Carnahan's Addition Subd. a. Motion by Councilor Brian, seconded by Councilor Edwards to approve consent agenda with the addition of the Murray Blvd. Extension Memo under item 10.2 and the' tabling of item 10.7 to the 1-20-86 Council meeting. Approved by unanimous vote of Council present. 13. NON-AGENDA ITEMS: From Council and Staff 13.1 COUNCIL GOALS FOR 1986-97 a. City Administrator presented list of goals as developed in the Council Goal Setting Workshop of 1/11/86. b. Motion by Councilor Brian, seconded by Councilor Edwards to approve. Approved by unanimous vote of Council present. 13.2 COUNTY COMMUNICATION ISSUES a. City Administrator requested Council approve Mayor write to County and suggest $7,900 be spent for Transportation Information Program. a`- ra b. Motion by Councilor Brian, seconded by Councilor Edwards, to approve County spending up to $7,900 for Transportation Information Program. kApproved by unanimous vote of Council present. Page 6 - COUNCIL MINUTES - JANUARY 13, 1986 c. RESOLUTION NO. 86-12 A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORTING REFERRAL OF THE REDUCED MAJOR STREETS TRANSPORATION IMPROVEMENT PROGRAM MEASURE (MSTIP), d. After lengthy discussion Council agreed to amend the fourth paragraph in the resolution to read as follows: "WHEREAS, the measure is consistent with the previously established City Council criterion on County levies and tax equities supporting measures which are either: 1. equal County-wide costs and benefits, 2. only localized costs and benefits, or 3 . county--wide with a share back to cities." e. Motion by Councilor Brian, seconded by Councilor Edwards to approve Resolution No. 86-12 as modified. Approved by unanimous vote of Council present. 13.3 COUNCIL MEETING CANCELLATION a. Motion by Councilor Brian, seconded by Councilor Edwards to cancel the 1/27/86 Council meeting due to lack of quorum. Approved by unanimous vote of Council present. 14. ADJOURNMENT: 9:08 PM • w Deputy City Recorder - City of Tigard ATTEST: WO - Cityof Tigard LW/3611A Page 7 - COUNCIL MINUTES JANUARY 13, 1986 IN TIMES PUBLISHING COMPANY Legal 7-6591 P.O.BOX 370 PHONE(503)884-0380 Notice BEAVERTON,OREGON 97075 E�E1vElD 'J Legal Notice Advertising A r * e City of Tigard • 13Tearsheet Notice s pN 1� 19 P. O. Box 23397 ®F %00 • Tigard, OR 97223 • ❑ Duplicate Affidavit AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss. 1, Stephanie Neubauer being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the 'rgza rd—Tames a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at T i gz r d _.__in the aforesaid county and state; that the —City Co ei1 R.�8u2__&r _Mpgt.i ng a printed copy of which is hereto annexed, was published in the entire Issue of said newspaper for I successive and consecutive in the following issues: Jan 9 1986 Subsaiib d sw to before me this J an 10— 1986 Public for Oregon My Commission.Expires; 9/20/88 AFFIDAVIT ¢` } 9 OWN w r� TIMES PUBLISHING COMPANY Legal 7-6588 P.Q.BOX 370 PHONE(503)684-0360 ot ice BEAVERTON.OREGON 97076 FCe/1 Legal Notice Advertising �`�f11 J S • ❑ Tearsheet Notice -fly , City of Tigard i7F jJ�AR� P.O. Box 23397 a ❑ Duplicate Affidavit * Tigard, OR 97223i Tho , fi3 a '3anaaryt �P,14at les^JOataS- RDOM lQii6 SW; ar Walapd 3t{eaC f1�+inR A .$ ja ebpsaed:it to €5h ------------ AFFIDAVIT OF PUBLICATION NANCH ZOA iia STATE OF OREGON, COUNTY OF WAsWNGTON, ) --^ AauaAetear�T��f�# gq�sa�g�i ss• Qf �.0v being first duly sworn,depose and say�(t�ai lard tTimevsrtisinp 1�1 flaoktaP"" * Director,or his principal clerk,of the_ .. 8 a newspaper of general cireulntion as difaadan ORS 1fi3��OAe itflAddMs b�'3ixs and 153.020:published st_- ��� *IIS glornD 1{d ct couH�and stats:that the a printed copy of which is hereto annexed,was published in the F for -— -successive and entire issue of said newspaperx consecutive in the following Issues: Jan PLAN T ) LL / 4s ` �xyf =11 It d der xt 9 1986 LOS NPO#ISz ; Subscribed a aw before me this ------ it regairt� � � :tea R�fit otary Public for Oregon S talf- tld a1 Nfy Commission Expire$: 9/20/88 8 PLAI4 AFFIDAVIT � �TZDAfiis�'If3luR>�; T calf 7W;at -�rat p4-, te�f i rr 1000 clvrt; �i � II QI ,.. t - 4 „ C11'Y OF TIGARO, OREGON AFFIDAVIT OF P051ING In the Matter of the Proposed Adopted Ordinances STATE OF OREGON ) County of Washington) ss City of Tigard I� C C- `�`��- being first duly sworn, on oath depose sa and "Y: Id I posted in the following public and conspicuous places, a copy of Ordinance Number(s) 8 " which were adopted at the Council Meeting dated �artfar; 19Ah copy(s) of said ordinance(s) being hereto attached an dby reference made a part hereof, on the 16 day of January _ 1. Tigard City Hall, 12755 SW Ash Avenue, Tigard, OR 2. Tigard Police Department, 9020 SW Burnham, Tigard, OR 3. Tigard Library, 12568 SW Main Street, Tigard, OR r Subscribed and sworn to before me this ay of ___ 1986. gym, Notary Public for Oregon a ' r My Commission Expires: a t' r L1 G1 Y OF I IGAND, URLGON ~ ORDINANCE NO. 86-<2L AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA 16-85) AND ZONE CHANGE (ZCA 16-85) (TAYLOR) AND DECLARING AN EFFECTIVE DATE. WHEREAS, on December 13, 1985 Lloyd and Arlette Taylor- filed a request to annex 34.9 acres of land into the City of Tigard; and WHEREAS, the City Council held a public hearing on January 13, 1986 to consider the annexation request and to consider Zoning and Comprehensive Plan designations for the property; and WHEREAS, on January 13, 1986 the City Council 'approved a resolution forwarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the Comprehensive Plan district designations and Zoning district designations recommended by the Planning Staff as set forth in Section 1 below are those which most closely conform to those designations assigned to the properties on the Bull Mountain Community Plan adopted by the Washington County Board of Commissioners. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The recommendation of the Planning Staff as set forth below is consistent with the City's Urban Planning Araa agreement with Washington County and Policy 10.3.1 of the City's Comprehensive Plan. Tax Map/Tax Lot Existing Zoning/Camp. Plan Des. Proposed 2S1 4 400 Residential 5 units/acre R-4.5 low density 2S1 4 1200 Residential 5 unites/acre R-4.5 low density Section 2: This ordinance shall become effective upon filing of the annexation on final order with the office of the Secretary of State. PASSED: By CAhr in kyV!nfL.c vote of all. Council members present after- being read by number and title only, this ^l 7�. day of 1986. " 6�oire.n)R. Wils-n, Deputy Recorder APPROVED: This 1 "97-1- day of 1986. V-? ,-John E. Cook, Mayor .' (EAN:bs/2297P) ORDINANCE NO. 86- Q Page 1 'FR SEL MAP i ti 2S ! 48D SEE XHIBIT "A" 25 \ o z 200 TOO - 1600 . 404s. IMF/l..rj Ac. Ii • 1 ! 23 � 85 . w` 200 360 500 502 501 503 300 *.*OAC 1 400 1200 1400 I q00 1100,• .0.O AL 20 As. AO.A.c. z We " 1301 " 1300 ,_ , IA 462 ERI � �. ` ` `'• ! '♦ 1 `•� ` _ �• f•. .'�..•.:jy �E� N 4A1' ` ..� �f' `•.tom / \t,- .', t. ,��s�..' ` 1 v ti t. rev.. r I !• ' .: �'� �i,$ .� �y. Jti f g x t j t� � �'. �tr•1�rL7 � �� om,y�R f - i '. L� ` ` '�✓'- !p , ib {� f�,���°f•'� �Jtea�'r'�� y�r�:�, ��,4.s,,1 � ��� y�, 0 � '�•� � � J+.�2'r� �� ,�.t .. �i tel' � �. Ni'i�T s�A-*Z� .� , •��d' �� tiY' ���t �f � w:s•�, T ti$• 1, ANil 'T'.�.r���� fir• �� 'rte .��"ti4.� i�. r�? • ' as..,� '�� �'�,., r ♦ 1 4. �. .�. ;1• �i � i �sP '� t .[ �:f .,`fit,.\.,.�' r ♦ � 1 � � .. i. � � � kt `.sr'` ��1 j•. X43 + �•�. :,,.,:r �Ki _.�.•.»�. �H�`�:.. 0..• i 7 _ _ EXHIBIT "B" A tract of land situated in the Southeast one-quarter of Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Beginning at the Northwest corner of the Southwest one-quarter of the Southeast one-quarter of said Section 4; thence North along the West line of the Southeast one-quarter of said Section 4, 220 feet more or less to the Southwest corner of that certain tract conveyed to Ed J. Riecker, et ux, by Deed recorded in Book 263, page 369, Washington County Deed Records; thence East along the South line line of said Riecker tract 970 feet more or less to the West line of that tract of land accepted as a public road by instrument recorded May 30, 1980, Fee No. 80019370; thence South along the West line of said road 220 feet more or less to the North line of the Southwest one-quarter of the Southeast one-quarter of said Section 4; thence East along said North line W0 feet more or less to the Northeast corner of the Southwest one-quarter of the Southeast one-quarter of said Section 4; thence South along the East line of the Southwest one-quarter of the Southeast one-quarter of said Section 4 990 feet more or less to a point lying 330 feet North Of the South line of said Section 4; thence South 89 degrees 45140" West 1320 feet more or less to the North-South centerline of said Section 4; thence North along said North-South centerline 990 feet more or less to the point of beginning. {Y: j 3} y � i CITY OF TIGARD, OREGON ORDINANCE NO. 86-6P- AN 6—aP-AN ORDINANCE AMENDING CHAPTER 18.82 OF THE TIGARD COMMUNITY DEVELOPMENT CODE AND DECLARING AN EFFECTIVE DATE (CPA 14•-85). WHEREAS, the land Conservation and Development Commission acknowledged the City of Tigard Comprehensive Plan; and WHEREAS, the Land Conservation and Development Commission has placed a condition on acknowledgment of the City' s Comprehensive Plan; and WHEREAS, the condition placed on the City's acknowledgment is that the City ensure the protection of sites designated as historic sites by the City; and WHEREAS, Chapter 18.81 of the Community Development Code sets forth requirements for sites within the City's Urban Growth Boundary; and WHEREAS, the Tigard City Council reviewed proposed changes to Chapter 18.82 on January 13, 1986. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Chapter 18.82 of the Community Development Code shall be amended as shown in Exhibit "A" attached. Section 2: This ordinance shall be effective on and after the 31st day after its approved by the Council and signature of the Mayor. PASSED: By CA n a n .1tna,�_S vote of all Council members present after being read by number and title only, this 1 371, day of 1.1 1986. 4J _ Loreen R. Wilson, Deputy Recorder ,-2 APPROVED: This day of 1986. John E. Cook, Mayor (EAN:bs/2299P) ORDINANCE NO. 86-0;)- Page l i xlil t{a 1 tV' Language to be deleted is shown in [brackets], Language to be added is underlined. 18.82..020 (d) The [Hearing officer] Historic Sites and Districts Committee shall approve, approve with conditions or deny any application filed u:sder the provisions of this chapter. The [Hearings Officer] Historic Sites and Districts Committee shall apply the standards set forth in Section 18.82.030, 18.82.040 or 18.82.050 of this Code as appropriate when reviewing an application. (1) The Historic Sites and Districts Committee shall consist of (1) City Councilor, (1) Planning Commission Member and (1) Planning staff member. (2) Decisions of the Historic Sites and Districts Committee shall be made in a public meeting notice of which has been posted at least i days prior to the meeting. (e) The decision of the [Hearings Officer] Historic Sites and Districts Committee may be reviewed by the City Council in accordance with Section 1.8.32.310(b) . (f) The Director shall mail notice of any application to the persons who have a night to receive notice of a hearing before the [Hearings Officer] Historic Sites and Districts Committee in accordance with section 18.32..12.0. 18.82.030 (a) Approval of a Historic Overlay District designation shall be made when the [clearings Officer] Historic Sites and District Committee finds that any of the following criteria have been met: 18.82.035 Criteria for Removal of Historic Overlay District Designation _Ua Removal of a Historic Overlay District designation shall be made when the City_ Council finds that any of the following criteria have been met: The Original ciistoric Overlay District designation was placed on the site in error. �2I The resource_ desi.gnated with the Historic Overlay District designation has ceased to exist. resource _ designate_d _ with the Historic Overlay. District designation is no longer cif significance to the public. S� The Historic Overlay District designation is causing the property owner to bear an unfair economic burden to maintain the property as a historic or cultural resource._ ORDINANCE NO. 86-0, Page 2 . 1.8 112 .U 4 U (,a) I pct c rl1. �Ir uv l.dcd r)ul ,uoull t.0 :WlC L I'.)1 4 ' person shall a1Uir any structure in an HisturiC Overlay District in a manner as to affect its exterior appearance, nor may any new structure be constructed in an Historic District unless approved by the [Hearings Officer] Historic Sites and Districts Committee. (c) For exterior alterations of structures in an Historic Overlay District, the criteria to be used by the [Ilearings Officer) Historic Sites and Districts Committee in reaching the decision shall include the following: If alteration of the historic resource is intended, a condition of approval shall be that insofar as feasible and as funds are available, the Washington County Museum shall obtain (1) a pictorial and graphic history of the resource_ and (2) artifacts from the resource it deems worthy of preservation_ [(d)] e For construction of new structures in an Historic Overlay District, the criteria to be used by the [Hearings Officer] Historic Sites and Districts Committee in reaching a decision shall include the following: C(e)JS�2 18.82.050 (b) In determining the decision regarding a requested demolition permit the [Hearings Officer] Historic Sites and Districts Committee shall consider the following criteria: If demolition of the historic resource_ is intended- a condition of approval shall be that insofar as feasible and as funds are available, the Washington County Museum_ shall obtain (1) a pictorial and graphic _history of the. resource, and (2) artifacts_ from the resource it deems worthy of p�eservati.on. ^ 18.82.060 (2) A list [certified by the Washington County Tax Assessors Officer] of the names and addresses of all who are property owners of record within 30 days before the application and whose property is within [250] 100 feet of the site. (EAN:bs/2299P) k� ORDINANCE NO. 86-• C' Page 3 AGENDA ITEM # 2 — VISITOR'S AGENDA DATE January 13, 1986 (Limited to Z minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME b ADDRESS TOPIC STAFF CONTACTED e DATE January 13, 1986 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: # 7 - PUBLIC HEARING Taylor Annexation �Irit**fkik�k�klr*�ic�t�kk,t�4�k*�c**�ir�i�k#�Ril�k�t�t�k�t�kit�rit* yk*�t�k�ik�k�ric�ktk*�k�Fstik�tit*itlk�k�citit*ik*�k�t�ktt�kytttik�kilslr�c�k Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation y;: DATE January 13, 1986 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: #8 PUBLIC HEARING a Historic District Designation Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation 1 CITY OF TIGARD, OREGON MEMORANDUM TO: Honorable Mayor and City Council � r� January 13, 1986 FROM: Donna Corbet, Executive Secretary U SUBJECT: Presentation of Key Plaque to Ima Scott A Key Plaque is being presented to Councilor Scott for her service the past three years on the City Council . MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council January 10, L986 FROM: Bob Jean, City Administrator SUBJECT: Police Chief Selection Procedur s I have established the following procedures for the Police Chief selection. Helen Terry has been retained to assist in the selection and testing. Jan. 13 Staff and Public input on dimensional criterion with Consultant. Jan. 13-17 Consultant finalization of Job Description and Performance Dimensions for testing. Jan. 20 Council approval of test criterion proposed by Consultant and City Administrator. Jan. 20-24 Consultant develops Information Packet and Supplemental Applications. Jan. 31 Applications cut-off date. Information packet and Supplemntal Application mailed to applicants. Feb. 10 Supplemental Applications cut-off date. Feb. 10-14 Consultant and City Administrator select (8) Semi-Finalists. Feb. 21 Assessment Center Feb. 22 Finalists interviewed (2-3) by Consultant and City aDministrator Feb. 24-28 Follow-Up as necessary (Backgrounds, Site Visits, Psychological Screening, etc.). March 7 City Administrator decision subject to Council consent. April Start dc:1127p AGENDA ITEM # 3a — POLICE CHIEF DIMENSIONS DISCUSSION DATE 1-13-86 (Please limit discussion to i or 2 minutes each) NAME ADDRESS -66.4-kb 5 . Tf vim✓ •q/ lw/3585A t MEMORANDUM y CITY OF TIGARD, OREGON TO: Bob Jean & Tim Ramis 1/9/86 FROM: Loreen Wilson SUBJECT: 72nd Avenue Preliminary Engineers Report Please bring your copy of this report to the meeting. lw/3585A v DE HAAS & Suite 300-AGC Center 9450 S.W. Commerce Circle • . Inc. Wilsonville, Oregon 97070 s s®Cia t o s, . (503) 682-2450 ►� Consulting Engineers&Surveyors January 13, 1986 Mr. Bob Jean City Administrator City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Re: FINAL ENGINEER'S REPORT L.I.D. NO. 21 - S.W. 72nd AVENUE AREA STREET IMPROVEMENTS December, Was Dear Bob, This tetter in intended to assist in summarising the FINAL ENGINEER'S REPORT with respect to the Total Costs, Assessable Costs and City Participation as the project evolved. " Comparisons are made of the estimated cost of the Initial Pr000sat Project CIL the estimated cost of the f oloctt of Reduced Ss ( 1) and the final cost of the CComteted Project (111). References of basic figures for t can be found on page 4 of the Engineer's Report, for ti on page 5 of the Engineer's Report and for III an pages 3 and 5 of Exhibit 'E' of the Eng1neer4s Report. It is noted that the amounts Assessable were reduced at each stage ($3,478,026.12 to $2,039,332.50 to $1,698,965.50) white the City Participation increased at each stage 0379,111.37 to $516,045.00 to 5780,732.90). Mr. Bob Jean January 13, 1986 Page 2 t. Estimated Costs - Preliminary Engineer's Report (12/80) for initial Proposed Proiect A. Basic Project (including first $50,000.00 of right-of-way costs) $3,097,137.49 B. Right-of-way exceeding $50,000.00 760,000.00* $3,857,137.49 "This is a projected figure which could have been used if the full 60-foot right-of-way were taken and full appraised prices were paid. The Preliminary Engineer's Report did not try to estimate the Right-of-Way costs exceeding $50,000.00 because of unknowns relating to the degree of success of a variety of acquisition methods (outright gift, partial gift, appraised value, condemnation, etc.). Assessable $3,478,026.12 City Participation 379,111.37 $3,857,137.49 11. Estimated Costs - project of Reduced Scope Adopted by Councit (3/82) A. Basic Project (including first $50,000.00 of right-of-way costs). $2,050,000.00 B. Right-of-Way Exceeding $50,000.00 505.377.50 $2,555,377.50 Assessebte $2,039,332.50 City Participation 516.045.00 $2,555,377.50 Mr. Bob Jean January 13, 1986 Page 3 r F III. Finat Costs - Cowleted Project (12/85) A. Basic Project (including first $50,000.00 of right-of-way costs). $2,163,911.06 r B. Right-of-uay Exceeding $50,000.00. 315.787.34 $2,479,698.40 t Assessable $1,698,965.50 City Participation 780,732.90 $2,479,698.40 i F t 4 Sincerely, } Martin J. a Naas, P.E. Presi t cc: 80.194.118 i MJD/jt PREUMImRiV CITY QF TIGAR_:.0 FINAL EN G M N R,S RPORT LI D 2 ! S. W. 72nd AVENUE AREA STREET IMPROVEMENTS r TIGARD 9 OREGON DECEMBER 9 1988 80. 194. 118 Suite 300-AGC Grater S.W. vDE HAAS 9450 S.W.Commerce Circle Wilsonville,Oregon 97070 ssociates, I nc. ,682.2450 Cansua:ngEnqmeers d J'cwPVGrS {F' L.I.D. NO. 21 S.W. 72nd AVENUE AREA STREET IMPROVEMENTS i FINAL ENGINEER'S REPORT I E December, 1995 4 This Final Engineer's Report follows the full completion of the project, including alt right-of-way acquisi- tion prodeedings. s This basic street and storm drain project involved over 2 1/2 miles of street improvements, 142 parcels of s land and encompassed approximately three hundred seventy (370) accts. 4 The conditions of the oriainat roodww-av were generally as follows: 1. Roadway width was generstly two lanes of pavement 20-24 feet total width and rapidly failing in many areas. 2. Drainage facilities consisted mostly of roadside ditches and undersized culverts. 3. The "S" curves at the north end of the project were very steep, had sharp curves, had poor sight distance and a portion of this section had been constructed entirety off the right-of-way. 4. The Bonita Road intersection was in a hot* with steep grades and poor sight distance on alt four approaches. The Bonita Road intersection had flooding problems with Balt creek being diked up on the N.E. side and a sanitary sewer tine perched an the dike. S. The Carman Drive - Booms Ferry - 72nd Avenue intersection was unsignalized, congested with traffic, had poor sight distanc*s, caused long delays in making turning movements and was a generally hazardous installation. Traffic volumes were too high for the existing facility. 6. The Durham Road - Boones Ferry Road intersection was unsignalized and confusing to the motorist. T. Both railroad crossings were very rough. The condition of the spur crossing required trurVc to slow to tees than 10 siph to prevent damage to loads. 8. Turning movements for trucks were difficult, requiring trucks to swing into oncoming ific tones to make turns leaving the roadway. 9. The roadway was generally not adequate to handle existing traffic volumes. After improvements, the following conditions prevailed: 1. The new roadway was built to a 40-foot width consisting of two 14-foot travel lanes and a continuous 12-foot left turn lane. Taper sections- were constructed where appropriate. 2. Structural base was designed to handle projected volumes over a 20-year period. 3. An adequate drainage system was installed to accommodate the entire project, including enclosing Ball Creek in a 96" culvert in the Bonita Road intersection. 4. The "S" curves at the north end of the project were improved to reduce the grade from a maximum of over 12% to a maximum of 8.2%, to ease the curves from a 200-foot radius to radii of 350 and 400 feet, In addition, the alignment was revised to bring the roadway back within the right-of-way. 5. The Bonita Road intersection was raised to provide adequate approach grades and sight distance. Ball Creek was placed in a 96" culvert, eliminating the dike. The sanitary sewer originally perched an the dike was eliminated by making a connection to a new trunk line constructed by U.S.A. 6. The Carmen Drive • Boones Ferry Road - 72nd Avenue intersection was redesigned to create a tee connection of north bound 72nd Avenue with Boone% Ferry Road, provide a 450-foot radius curve transition of southbound 72nd Avenue onto Booms Ferry Road and provide signalization of both intersection points. 7. The Durham Road - Boones Ferry Rcica intersection was improved to include left turn (ares, taper (ones and s i gntat i zat i on. 8. Railroad crossing protection facilities were widened and brought up to standard at the two crossing points. 9. Turning movements throughout the project were improved by including the continuous left turn lane, 50-foot radii at major intersections and taper lanes where appropriate. 10. Uncurbed portions of both Bonita Road to the east and Carmen Drive to the east were curbed to match up to curbing of existing Oregon State Highway improvements. 11. Approximately 300 feet of Tech Center Drive was completed to match the new grade and alignment of 72nd Avenue. 12. The 72nd Avenue design was coordinated with the Oregon State Highway interchange project on the north to comptete a continuous facility. 13. Recent signotizotion and improvements at the south and of 72nd and the I.5 interchange now makes available three excellent signalized northbound southbound accesses to 72nd Avenue from 1-5. Report 2 Jam... 14. In addition, the following improvements for or by other agencies were completed during and in conjunction with the City's street improvement project: a. City of Tualatin - 36" waterline the length of the project. b. Tigard water District - 24" waterline in Bonita Road, 12" waterline in 72nd Avenue from Bonita Road south, 8" waterline crossings for Pec Trust. c. Metzger water District - 12" waterline between spur track and main crossing planned and coordinated but never built. d. Lake Grove wafer District- lower 12" waterline at Durham Road - Boones Ferry intersection. e. General Telephone - Underground installation on Boones Ferry from Carmen Drive south to Durham Road, underground installation through new connection of 72nd northbound to Boons Ferry, underground installation of 72nd from Fir to Landmark and underground installation in Bonita Road. Inasmuch as the project was very large, involved a great number of property owners and was heavily debated at the council and within the commity, it is proper to preface this report with a brief outline of the basic decisions that led to the final project design and configuration and the selection of the final assessment method. A. The Preliminary Engineer's Report proposed a project generally outlined as follows: (� 1. General FeatuuM a. A "-foot curbed section to include two 15-foot travel lanes along with a 14-foot center median to accommodate left-turn refuges. b. Landscaping to include curbed islands in the median where not necessary for left turn refuges, and appropriate street trees behind the curb. c. Traffic signalization at three (3) intersections. d. Railroad Grade Crossing Protection (Automatic Gates) at two (2) crossings. e. Realignment of the 72nd Avenue - Upper Boones Ferry intersection. f. Substantial grade revision (raising) at the 72nd Avenue Bonita Road intersection. g. Sidewalks atong one side of the improvements. h. Tri-Met turnouts at five (5) locations. 1. Right-of-Way to be purchased to 60-foot width. Report - 3 \ 2. Estimated Costs Total Est. Project Costs S3,097,137.49 Less Est. City Participation (379.111.37) Total Est. Assessable Costs $2,718,026.12 (plus R/W exceeding 550,000.00) 3. Assessment Method a. All properties fronting the roadway improvements were to be assessed at the 1981 amount established by the City of Tigard for an average local street improvement. One-half (1/2) of such costs would be spread on a front-foot basis and one-half (1/2) spread on an area basis, the area to extend back not more than 200 feet from the right-of-way. b. The remaining assessable costs were to be spread to the total area within the district on an area basis. B. Project[valuation. Subsequent to the presentation of the Preliminary Engineer's Report, there were a number of public hearings and public meetings held to evaluate the project. Discussion involved a number of suggestions such as: 1. The project was too big and had too many extras. 2. Residential properties should be given exemptions or deferrals. 3. More information was needed on possible grants for railroad crossing and traffic signal funding. 4. The street could be narrower. S. An Ad Hoc committee suggested a 28-foot improvement width, substituting gravel shoulders and ditches for curbs. 6. The State or County might grant funds for assistance. After a long and involved decision process, the council asked that the Engineer prepare two designs for consideration: • Alternate A being a basic project of 40-foot width curb to curb. Alternate B being a 28-foot paved surface with gravel shoulders end ditches for drainage. Upon review of the Engineer's alternate designs along with applied costs, and finding that Alternate A (the 40-foot alternate with curbs) offered a much better facility at only slightly higher costs, the Council, by Ordinance W-13 (Exhibit f-1 attached) adopted 3/29/82, ordered the improvements outlined by Alternate A to be made. Report - 4 4 C. The Selected Design established for construction by the council was generally as follows: 1. General Features a. A 40-foot curbed section to include two 14-foot travel lanes along with a 12-foot paved center median to accommodate Left-turn refuges (except Tech Center Drive, which was added to the project, was to be a City standard 34-foot curbed section). b. landscaping was eliminated. c. Traffic signalixation at three (3) intersections. d. Railroad Grade Crossing Protection (Automatic Gates) at two (2) crossings. e. Realigrment of the 72nd Avenue - tipper Boones Ferry intersection. f. Substantial grade revision (raising) at the 72nd Avenue - Bonita Road intersection. g. Sidewalks were eliminated. h. Tri-Met turnouts were eliminated. i. Right-of-Way purchases reduced to 50-foot plus 5-foot easement for roadway purposes each side, where such reduction would reduce the purchase price. 2. Eltimated Costs Total Est. Project Costs $2,050,000.00 Less Est. City Participation ,t516,045,001 Total Est. Assessable Costs $1,533,95S.00 (plus R/W exceeding $50,000.00) 3. Assessment Method a. Assessable costs not to exceed $1,533,955.00 exclusive of right-of-way costs exceeding 150,000.00. b. Additional costs estimated at $33,955.00 to be assessed to Western International Properties (Ident. No. 12s) for improvements to Tech Center Drive. Report - 5 D. Bid and Award of Construction C,.Ir act. Following usual procedures, bids were taken, with the low bidder being Columbia Excavating, Inc. at $1,628,950.75. The Engineer's Estimate was S1,837.544.00. After eliminating deductable alternates for Sidewalk Improvements and Lighting Improvements, the construction contract was awarded to Columbia Excavating, Inc. in the amount of 51,550,577.80. E. Preliminary Assessment, 1. Pre-Assessment (not including R/N costs exceeding S50,000.001. a, General. Two options as to time for levying assessments were available to the City of Tigard. The first involved levying the estimated amounts before the project was complete along with an adjust- ment assessment when the final actual costs were known. The second option was to wait until the project was complete and alt costs known and then levy one final assessment. Because the threat of passage of the 1 1/2% limitation measure in the November, 1982 election would have foreclosed Tigard's ability to sell Bencroft Bonds and strip the ability of assessed property owners to make installment payments over a 10-year period (total assessments would have been due immediately), the City chose to Pre-Assess and sell bonds before the November election. b. Assessment Formula. By Ordinance 82.23 (Exhibit F-2 attached) dated 5/10/82, the Council selected an assessment method which follows: 1) Total Pre-Assessment (51,475,711.35) equals $1,500,000.00 less one-half of estimated sidewalk costs (S34,773.56), teas one-half of estimated street tight costs (320,505.62), plus 130,990.53 for Tech Center Drive. 2) Distribute one-half of equivalent cost of a 34-foot street to property within 200 feet of the street improvement (total cost $1,157,026.64). One-quarter of such costs (5289,256.66) are to be spread on a frontage basis and one-quarter ($289,256.66) are to be spread on an area basis over the property within 200 feet of said Improvements. One-half of such costs (SS78,513.32) are to be spread on an area basis over the entire assessable area of the district. 3) Distribute costs of the traffic signal at 72nd (southbound) and S.Y. Upper Boones Ferry Road ($66,678.15) to Pacific Realty Trust property lying southerly of S.Y. Upper Boones Ferry Road an an area basis. 4) Distribute estimated cost to the city (520,000) for the spur-track railroad crossing protection facilities to Southern Pacific Company (Ident. No. 63) on an area basis. 5) Separate costs for construction of Tech Center Drive (530,990.53) are assessed an a one-quarter frontage and three-quarters area basis to Ident. No. 12a per agreement. 6) The remaining assessable costs (5241,016.03) are to be spread an an area basis over the entire assessable area of the district. Report - 6 i MEMM1W__M 100�MEW t,. ITEM COST Frontage 5289,256.66 Area (within 200 feet) 289,256.66 Signal to Pac Trust 66,678.15 Spur Xing to SPTC 6 Predelivery 20,000.00 Tech Center Drive 30,990.53 Area (total assessable) 779.529.35 TOTAL PREASSESSMENT $1,475,711.35- -Subject to increases for any right-of-way costs exceeding 550,000.00. 2. Qgficit Assessment (R/W costs exceeding 550-000.00). a. General. This portion of the Preliminary Assessment was set out separately to deal with right-of-way costs exceeding 350,000.00. Inasmuch as right-of way negotiation had just begun at the time of the Pro-Assessment, reliable cos: estimates could not be made at that time. The three-month delay in proceeding with the Deficit Assessment allowed time for getting wail into the right-of-way negotiation process and a better evaluation of the estimated right-of-way costs. The reasons for tarrying this portion of the assessment before completion of the project are the same as cited for the Pre-Assessment. b. Assessment Formula. By Ordinance 82.52 (Exhibit F-3 attached) dated 8/18/82, the Council selected the same assessment method as that used for the Pre-Assessment. F. Threat,of Litigation and Compromise Agreement. in duly of 1982, lndustriat Contract Carriers, one of the property owners being assessed, brought suit (Writ of Review) against the City and the project. While the Washington County Circuit Court on September 14, 1982 ruled in favor of the City, the threat of appeal and the time necessary to defend the appeal in the courts placed the City in a position where they could not sell bonds before the November, 1982 election. on September 13, 1982, in response to selective property owners, the council held a public hearing on a proposed ordinance to convert the street already under construction from a 40-foot facility to a 32-foot facility ("32-foot Compromise"). The public hearing before the council produced strong opposition to the proposed shift to a 32-foot project. No motion was made to shift to a 32-foot road and therefore the proposal failed. Report - 7 f 4 COn Septemk-%--r 22, 1982, the issue with Industrial Contract Carriers was compromised through a settlement agreement (Exhibit F-4 attached) 4nd a covenant not to appeal issued to the Circuit Court by Industrial I Contract Carriers. The salient points of the settlement were that the City would assume a minimum 25% share of the project costs and that the City would increase efforts to reduce right-of-way and easement costs. E Ordinance 82-68 (Exhibit F-5 attached) adopted September 27, 1982 confirmed the City assumption of the 25% share. G. City Participation. The amount of City participation is subject to three council actions: 1. The assessment formuls set by Ordinance 82-23, adopted May 10, 1982. f Total Project Costs 52,502,808.15 Less Cap (1,475,711.35) Less R/W > $50,000 (315,787.34) , Less Additional Special Assessment ( 23.109.75) Total City Participation S 688,199.71 q B 2. The memorandum of Settlement, September 24, 1982. Total Costs Less Additional Allowable Spec. Assessment (Memo) City Parrid dation Const. $1,697,497.88 51,625,000.00 (1,697,497.88 51,625,000.00) • S 72,497.88 R/W 365,787.34 365,787.34 WE 416.413.18 274.500.00 (416,413.18 - 274,500.00) s 141,913.18 $2,479,698.40 42,265,287.34 (25%)(2,265,287.34) = S 566.321.84 Total City Participation S 780,732.90 3. Ordinance 82.68 adopted September 27, 1982. (25%)(Total Project Costs Less Additional Special Assessment) a Total City Participation (25%)($2,479,698.40) ■ S619,924.60 It would appear that the City participation amount has been increased by ($780,732.90 - $688,199.71) 492,533.19 as a result of the Memorandum of Settlement Agreement. N. Final Pro sect Costs A summary of project costs is attached as Exhibit "E". Report - 8 R �1 t. Final Assessment The final assessment affects the pre-assessment and deficit assessment in two basic areas. First, the right-of-way and easement costs have been reduced from $555.377.50 to 5365.787.34. Second, execution of the Memorandum of Settlement Agreement has increased the city,participation cpst by 592,533.19. The result is tht the final assessment will reflect a 21.3X reduction ,die`�emen�,d gm&Q" and a 57.3% reduction, if compared to the Deficit Assessment alone. The assessment method for the Final Assessment is the same as that established for the Preliminary Assessment. Examples of the assessment calcutation for two typical parcels are attached as Exhibits "C" and "D". The Final Assessment Map is attached as Exhibit "A". Breakdown of the project cost for assessment purposes is as follows: Total Assessable City 1. General Assessment Formula Protect Cost Cost Paarticivati+on Basic Project (incl. 150,000.00 R/W) 52,038,620.82 $1,336,834.76 $701,786.06 R/W Acquisition (excl. 250,000.00) 315,787.34 236,840.50 78,946.84 2. Original Special Assessment SPTC (Spur Track) 526,720.24 Pee Trust (Signal) 66,678.15 Western Int. Prop. (Tech Ctr. Dr.) 31.891.85 125,290.24 125,290.24 0.00 3. Additional Special Assessment Pac Trust (Sanitary Sewer) 4,957.12 SPIDCO (Sanitary Sewer) 13,427.68 Pac Trust (Aprons, etc.) 4 724 23,109.75 23.109.75 0.00 TOTAL 42,502,808.15 $1,722,075.25 5780,732.90 j t ij 1 Report - 9 Distribution of the assessment is as follows: Additional Deficit Assessment/ Final Assessment Pre-Assessment Assessment (Credit Due) General Assessment 31,573,675.26 $1,358,042.74 1505,377.52 ($289,745.00)" Pae Trust (Signal) 66,678.15 66,678.15 0.00 0.00 SPTC (Spur Track) 26,720.24 20,000.00 0.00 6,720.24 Western Int. 31,891.85 30,990.53 0.00 901.32 Pec Trust (Sanitary Sewer) 4,957.12 0.00 0.00 4,957.12 SPIDCO (Sanitary Sewer) 13,427.68 0.00 0.00 13,427.68 Pac Trust (Aprons, etc.) 4.7244,,95 0.00 0.00 4.724.95 $1,722,075.25 $1,475,711.42 $505,377.52 ($259,013.69) 'Notes: Credits should reflect added interest at the rate of 9.09% from August 18, 1982, (the date Interest charges began on the Deficit Ae-sessmsnt) to the date credits are effective. This Final Engineer's Report has been perpared in a manner which acknowledges sit the Council's decisions and actions to data. The Final Assessment roll reflecting the total of those actions is attached as Exhibit N8". w- Marlin J. De Haas, P.E. President cc: 80.194.118 OREOoM MJD/j l 1 y \ 14, S Attachments: !/� J. Exhibit A Final Assessment Map Exhibit 8 - Final Assessment Roll Exhibit C Example of Assessment Method (tdent. 31) Exhibit D - Example of Assessment Method (Ident. 73) Exhibit E Final Project Costs Exhibit F Ordinances and Memorandum of Settlement Agreement F•1 - Ordinance 82-13 F-2 • Ordinance 82-23 F•3 - Ordinance 82-52 F-4 - Memorandum of Setttement Agreement F-5 - Ordinance 82.68 Report - 10 o s- 13-gco Exhlbi-� 1,IIII II1111i 111 Ip m ►i•I III rII1 1 IT .I 1111111 Ill 1 1- 1111111 $ — — �' ,- •,... + 7777 i P _� I° {} � t {� I � I_ - s � s � , I ,� 11 111111111 , J 1 � + � - � 6 � d 'I�f t '. _i.. � �. I. J !i�R 11 IIC -.Cb 110 111 -J11 111 111 ! I I ! I T 111 I 1 1 t ! ! F,1 I. w NOTE: IF THIS MICROFILMED , _ 11 _.__....._12` DRAWING IS LESS CLEAR THAN Vag THIS NOTICE, IT IS DUE TO THE QUALITY OF THE ORIGINAL _ DRAWING. -- ----- _ — — ' OE 62 82 L2 82 SZ >Z EZ ZZ IZ OZ 61BI LI 91 SI 41 ea -zl 11 01 5 8- L 8 S b c Z :� t• ,a--- _ � mmmwmm9llH�fnN7ym!_ 1l�(ljitill! . t I MAR CH: 7 X14 ` F!NAF ASSESSMENT!AAP LID. 21 S.W. 72nd AVENUE AREA STREET IMPROVEMENTS TIGARD,OREGON I y■�n n a `\ DECEMBER.1985 I � , II I O r M a tl • "C�"" x•. _ wox 0.111 f . . � •.'�7 Ste',. • _ �� X. ♦ a a � � �� \ r n \ T � .v � 1 x1I0i :I 2Ts • — � • � IMPROVEMENT DISTRICT BOUNDARY i II � I1/1 b a. • �.� ....� ..v . _=7eew 11 _ 1 — SCALE:1"z700' I a a � t W. 1 y , I • _ , 1 ` I ! ! \ I r r! IN \ I \ ! _ 1 i s]o i m. e ~ OW�AO t.0iOC1.T[O,OIG M x W .«... A (rlllriiP1111111 1111111 11►lair 1ia1111 aio�lla Ill] fr" lm IIIpII IIT rj 111 lip-1111 111 11 iji it lit it ala till 1111 Ill JIf 111 111 11f 1i1 li! 1 a r ! 1 I 1 I r i 7 1 rpl DRAWING IS � � � � � a] 1 _( I [ � � I .r I jill � 41 NOTE: IF THIS MICROFIlL1ED _...I 2 3 4 _ 5 6 7 8 9 0 i i i2 LESS CLEAR THAN THIS NOTICE. IT IS DUE TO ! THE QUALITY OF TFE ORIGINAL DRAWING. OE 62 8Z LZ 8Z SZ bZ EZ ZZIZ OZ 8t 81_LI --91 SI' bl EI 21 11 01 6 8 L 9 _ S b 'Al1�II1111NI�111111111�11111flll�at_►�IlIWf111{�III ._ _ - y1111�a1i11 MARC. 7 ' 1999 . z w W 0 0. 0 c . z CL W � L �_ C- C+! j C/) N Ci Cf) tw < E • cf) 3 J W Cl) o o Q -v v W Q z z U. Q t 2 A NC-i Ln v P PLn v i H Wac v v v Luc cc v ~ A rG N v N cC CO ti O Ln 29 M N A N ~ O O A N d W H N r c r V O O O O O O O S i W O O O O O O O O W d r • p. .~t �O � � r0 H MsoO O b A aD aD r0 .. N r N N r0 �O r0 V. W O O O O S O O q r v O !V N g a o O o 0 0 0 0 0 to40 $ l » � K < t M � Ad Mry N A J C A oP[t i P W N p` 0 r N p� 1� pP� �i f� pP� i Ir pO^�. > !• P w ' C Yat RC = OQQ t7 O 1 O J O C V N 9 N y a O, m p' N N v. Y UI Y yy L! g v Lcn o in ro u Q M u `a ` O ai .- :- v .- o s .- to r w o .md- 8 0 NN N N Iy�. ~ �A o N 70 H d 6 N 1 0 r r b 3 O ^ d p p pp W as o y� do pp. pp. O N 'O N ~ N N N a< N N q N N �» N N N N W at v.s: r lbY N A ^ po o v � N tx aus pv c V pp N F on N A M i N qi WCY ie v v t G imCA E€y c V 8 8 8 8 8 8 � F O p p 9 N poM i P •O N N . M ti •OO .t ul N M •O r M r P rn M1M a p Ow ci 40 CP O S 8 8 8 8 to N •o ��, A d {0 O -j M �1'j+ N egg QQj M NO N J .. g' "fe gQ M N O• G Q 5 P �+ u a' =C ` pC C Oi N 9 !R h ,� W L t� go m y j y�1 a s p 2 4 {4yy, i Y L.Y p 14� J r + yii • p • M dD O Y O Y G O O J W OM CO Z 39 r M r H N Q C6 S V ` r d Id < O N r Y 4L CL 9 d NFA O V O J 6 N O o. o.N L r { e 8 X pQ X 8 OL X 2C N N 6^ N �O N v N v H < N N N N N N A A H r N a e J ►�- � N ,Q M r ►� 1/t C) w 1. v {Hy pp r v O N W v ss €� - 1A � IN C% � N M {y $ C a yj O •p an r M N < • p p p p p AOO Q O O O p. NN Pp� O P N v A N _ J N•4 �( W W N � < • p p p p p o O O O O O O O _ r $ +t N 4.7 O O O O O O O O .._. p O O O O O O wch Vi O < � 4Dta N ON r L it m L we ma s v p ff. u u ucD p 0 M W $ @ O C w M C V Na C w N y P •0 Y f.7 P C N E11000 N N C � 1yp vim+ a 4! fH / N a 9 7•] a u c �_ .. v a r _« a Nm .. N L `•O M a a t x < a s o s z a m H a o J m = a m ti m ti - m O d o uo q s LA i m ti L b V `N Y O M C ffi • L �+ .T ` O M C y no 4 N V a r H u a r N u a r S d V Z OC N y r t a r N O Jg N w y N r Y o ggj 41g $ N N N r N � cm N N N i5 r x M r r •p t� O { K . � ■ : . - - . � . ■ ! . \ ■_ % ! a s a a a a � s : Q d a Q a © - ( B k 2 k - ■ : . . . ■ ! \ § § } K k K k K C K % _ § } � \ . : o « CL _ § C32 _ CP. m � § « s42s e ° m■ s $ - s 7 s ■ ■ e & % C _ § \ © Q � 2 � §a 17 u � 0 $ k � : } } C ) � Go � ) � a � k AOL IL � � § § § 2 § 2 § � k ■ � � � ■ _ " i § ¢ 2 2 § _ \� \ § CD § § _ ; - § cm ■ ■ I © � � \k � �� § � .s � � Q � . ■ . A . \ . - . ! � _ \ 2 : - ] s § Ob CD { � { : § : . . � ■ � § � � } ! § k_ � ? l _ I ; E . a < < 19 � § : ; ■ � } S a � 2 � � - : CfA ( ® � b § @ { a § \ s . � I K ® 2 $ _ Ob ® - \ r 0. t \_ ac 0 _ E a 7 k . § & 2 s k ■ §•i 2 $ k \ s I a at Ag ca .01 k 2 \ ) - - a= tv -A - % s � § K § § C §ul 2 } � cm 0 IL 0 IL IOL ■ § A 40 \ § f § 7 f § � . k § i kcu % 0 C (4 . � & \ v k } § § & C a O a a P Q v K La M IM O ..M ;MP N J O• fpp� N P 10 N d •O WkN W � � Ifs •O +O •D +O rL M N �Qa W p O O O O O O O m W p i CD S M • N P N N N M N � < • p o 0 o pp gC5 3.. g 8 g 8 S10 cm NN gyp' p p p p p pp . O O O O O O O O cWy� � fA H J M n y L g' _a w In 6 2 1 40 NN_ MM M M W w W Z V NNL� O J < f N�Vy w < Ma vas m 0 2 < s B. M 4 N 4 N q G �Q A ` P 1� 1► r ps LL C P V N col moo• _ a .. P aMd ° « � � s` Pf Xro YsPf p u L L.« N > N � ✓ 1 N� Np a m E Y O O �9 M 9� O O a L. N V f0 Ol d L O �7 P C4 O W W < d W H Yom- Y 6 H CI {07 pie- ►� t� �t� 4 O v !- 1 d o- IOi CYO m OmD sem- d w v- O O H 0 ^ O O M v O N pp� �' r C► N P N N N N N N N N N N L. N NL N N d d A8 cl CIL N m N�. N N y N N N N N Ly F�. N N N N N N N . \ 0- 'A k . . � C%; o \ . B B \ ( ~ � 2 . ■ ! \ . § w ca[ . ` o o d \\ § � ) ! ■ � § � ■ . ( B 43: B 13-a 8 a B a . o d o o C3,k ! � § ! ., § ■ [ k } k § k § \ ■ § ; � » b � § GM� � � � a \ � -0cm ƒ , f go a Q § a 2 $ _ a ■ » _ 2 § s f a e ■ 2 I $ k E § I _ 2 § 102 k § j [ £ _ _ _ ■ g ® 7 2 ® 2 _ I y ) Ls .4 a k 2 2 C ) 2 & § #A up 9L a u ) _ 2 Cb z 0. { ) � _ _ uj cw� { d § d co u § § t § in / § : A ■ cm � 2 \ \ #� � � . ■ ■ S .� » # . . . . Al •UN P v fA U11 ga a N o Ni m tp OP O �' P� � •p Y1 ON N W N N y i < p pp Q 8 8 �' g O O ••+ G p O V at W O O O O m .. W O Q g •p = Q ~ O � •O O N J N A M N J W � o "o �^ N fV M1 N Mf M MM g O O M C N _ = O O O N O ' •O � • M N N i{in yy • N N Iy+ y U, r M •O Y N N N r t 7 r r i O N O N M y M r o C V & 41us us ✓ j v W W p N x < S < S < m '' s N 9 Y Q V p, P IP. ffVV pp ✓ L oe 4Cs A a pP� C I i s a $ I a - V = O Y 7C � = V 7 S 3 t y i d y L. Y O ✓ v H N L r \O/1 ✓ L r N L IOA L •�j1c •p '^ y $ d d 6 m 6 6L A ][ N G ![ N Off. ]t N 6 y V u Ci J p r r CO N P W yus y y N N N � rC w tj Li Q Q C Q 0 r r u uQ uQ O O r8 O t8 O G S O p p N ^ p p ✓ h ✓ ti � InN •O y L y L N O N ^ ^ y N ' N d N 0 N y� N N 6 A7t N M v d J J J J k i k \ . � \ § § A \ ! a S PA a @ . 4, { 2 % § B 2 \ _ / . ■ ! { a a 8 § 8 8 � § ; a q � § § . § : § 2 2 § k _ r4 2' ■ = a a » bm- § � go � § ) Q } f § § § § on § § ! � ■ § _ � _ CL « » � k 2 2 2 E & - : .19" to o - _ - % I ■ § [ & § ) to § 'A in — � du B } ■ 2 2 - An _ Iwoa , § ( 2 9L ) a —IL § 006 ac = 2 2 § = i 2 J k a � )_ 9 § ) § � 2 cmm ■ m § j CD { k / 2 2 § § \ k § IM a ■ M § CY cm LL, 8 � en - tv § 9 \ e . � � ■ @ to § I ■ » « � : { a a a B \ § k : © ( $ q J q § [ ~ \ . ■ ! . . . ) 2 ■ B a . s ■ � � A § � ) § , k k : ul co _ $ § ■ a $ § « _ $ § ■ IN � 1 ej ( a 2 ' 2 - ' § � � to a 0 \ . : 0: _ a. < _ 1006 « _ < - � 2 $ ■_ $ §_ � § \ ) k ) k 3 K § c _ k § ' c k 0 0 % 0 2 � % � } % Q % � . ■ ~ . . . z . . . . . . 7a, a2d wc J H J Oin onUN v v li C fA �p N O M N � IA r N • < • pp o pp OQ co O O W N e M P M a �D PM K _ a y LM IO O i� N P M '• kn � M � � M •O ^ a ti N � N u u � 1. ate.• M L « M u +� • O m < }` CA cub due D- y « • as �+ w � � a � P� � a � � u � � � � a � � � a � � o a o o o m In « � C y « t�,1 C y « C y y O O �ltlQry O �O ' O W O O r O N M O x. w r O 0 < 6 d < 0. O. < �" �. d t �" d t o ' g ' M CA fx� r ! N N N ~ N N N L ' N ` ' CA N ^ N ^ N w r a d F La cm N N N N N N N .ai M Mal x N yf1 �' M M M W N O10 rn Fn W19 W v v •+ v r y y • < • p t�.i . S S S S S O S H W • O O O O O O O O d M ati0 P S +Mt• O� •p 1A � [rN�rff MM of to b P- N O Yi H1 < • M p © p M C~V O O P tS O !V S S S i O O O O O O O 8 8 S 8 8 yy� .Nt 1� •Y .dp •Q M O• N <J W S 6• d !� � �n < Y r• Y Y Y Y Y Y Y M V ♦• M M �/ M d a r y ua {oy o yup o Ya o� OL N Y Y 4 {•� N Y �} 4 �} b Y �} tYA u s W N 4 > W • > O M q > g 1A ! > O N > O N O > O tll > O M u M p V u M p u N pp� M �/ M p M M r p V u u 0. M u M O• 00 2 •^ O O � •� S 4 � +- O A >1 •^ S 4 7 � � W � � O i � � at Gig IN Y W Y Ib Y W Y W Y W Y W Y W •i. N w t0) •r y �. y v.• y r y. y +• {� C �+ C ++ C y M mM . O M O 4u r• O N r O 11 u .� 0 do u < .- a v. < �- s a < a z < .- a d < a Z s LIS t LU < S N r !V N S UDUb N S N ^ N ^ N p G 1� � po S pQ C3, K 2 " 1� W O• M N N N N N N N , w o • W% W% WN$ W% ,• s . � : $ E � k B LU a § rm sLM § � . VA 4 . . ° . \ � % 2 C - ' M . § § \ ■ � \ I � _ \ § - � � . farik § § ■ _ } ■ - : k # f $ » I } & CP, go i g s - § I e } ® u 2 $ s ® ^ t 2 / » \ 2 2 a 3 / § i ■ ] § k - ' a - a = G B CL 0 # § 2 3 kc § / } § f ) / k d K ) § § as �ZE IL am § § § § 7 f Ato ri 2 ! CL § 2 \ in at } R & § $ A f 2 - ■ : m � m . . \ /2 p a LA \ � Off• P � ' ^ M M a UNao ao s < iii v 10 N< p p p po pO •i. W O O O O O O W W O • pp.. hN M O v b W p� i MM M !+ N O N M N ^ N W : 1... M M N ^ $ $ $ r o o 40 N CD L AN •' i N M V 16 ppb a L O V 9 W d V 1► y V V V =rn p i, K Oi M .y. M e ..V. i W ..V. w g /j �r •e. O Y �. r. Z �+ v 3 �+ P Y 1� •aLi tl•. A p. P ti L N g �? �• NC O O p� ,7 a N�, N ;P u OMD q' O _� 6 O N O d O C a L M. r. �. - O 1Y m o p� yC dC f7 uC e t C L C ya • G O _Y l0 • G O N_ O G _Q G O •� O O Nco X ACLan 1 V L dYpt d) qQ� 10 M b 0 p 70 Y L W O A O O O O q - W �. O d V O MI O 1.L d N N NN O N d N N N I-. MMMMMM d N /- M d d N d O d O 1-- N d d x Q y! yr O YMD � A <i f N r 'N ' N cm N N MRi .o J H W N v _ . OO O go F- Off. P f� M 00 •O .~.. WqCN; v Y v v _w. p N W N •.• s -C O M O O a M a to 1- 2 PU1 A MMM to �t ryOry W CD I O •O N O! N f� OON P W N �f tf1 d W •- N NCD• O CO. Cb 40 O O O O O O i i o 0 0 0 0 0 0 W W • p • y pp ��pp N O CO OD J �t N : N ~ N M ti P N M r at OD p p pN Op O O O O O O O O O N W < o p oCDpp S N O 6J A P O M V O W _pp yy�� �M.9 qp ^ N V H J L C C p ~ .• • p t0 W M V • • ^ O N N O W `0 LS V A U W ti m as d of2 it O a t,; P 0' -a c pad 0, o C A OC u L N u N O 6 p m O a r6 d 6 O m O < Y roC C q �0 W y N L m1 m ' N iH 'O C d t N aN+ N "'+ •C _ O L O L U L W d L N O Y) U L L- r, L O G yy�� M d V pd LL a+ Odp V 41 �- O t7 Ce a +&+ L tO, 40 7S C. O W N W AO O O Ls `t0 OMOL N O W E OO d W d N YYYSSS A �m d w v I1 O. K d IL VVOff Z ^O 1- Ot. v N OJ VVV!!! •O 1- tt7 W .7(C M 3 Np N C, N C, N O OWC < N OV N N N N 1-iN M cm 1- M N N d CL gyp( gyp[ .p( pt tet( i'. USj O. CD o 00 N N 00 N 00 N Q N O }c� H •00 N M N M N It N M N N t•- N N N N N N N H W to- 10 g 4,' r M � W v v pv v v v K LJ v N .m ~ Q O P A Q ap W N O. .t ut P O t0 Z p ♦A aD M M 4 W M N N M ^ N tq K • p >r Q S S S A S S V U O O O O O O O ogQ W O q J N A v 3L�S O^ N N N N f CPI yN ! Q O S S S S `••• S Z = O S O S S S S Q Wa O O O O O O O F. N � 3m .. in ^ LIN Olt W W S O MM L O L O W i+ �a. M �♦ou 44 L O Nry a V tO. V A L b O M CV N d a m • W ♦ A G M P O .+ P O O O N P °' .s P u UO M` u u ` L z N s o �_yC sC X K ® u a K o aq 00 gyp® �. ^ O ✓ O d Y q b •d O r• b G i M 7 S M S = 6. a ' � K 6 7 O K b t7 W M J t� �✓ a- b N tt tt tt t �[ S J O •� ^ P r N r N N N C4N M I f N N N b F CD \..: N N M N N Vf N N N N N N N a � : .Wa. : . . [ Colo, 2 $ & § . / § . 2 % \ . - ■ ■ 01; ri : § § § cl lei ■ § _ � W . ■ [ { a a 8 8 a § 8 . § t ) . . . � ■ � q � 2 � ( k § B \ C4 � ® k ~ �_ § � ■ _ . k { § § k \ k \ k 4 �\ ■ � � a s a a a a 8 . § r � ul§ § : _ K § K § $ § � § � to § § ry - § k § § k 2 I ■ . - k a s : 2U,; r 1 0- � _ N, - § { � _ 2 - 2 a 1 0. q 0. - 2 g § / A. § J § & } up Go so #A . � ) � , B 2 { % 7 7 \ k § . \\\ � \ � � { k © 2 � a � ■ . . � � . . . . . . \ B B § { . . . . $ § ■ in . ■ _ : — � — ® § ! { s a a § § § ( a d § % ( . © : ( k \ . s_ ■ ; k K � B F-M _ BfA rn : ® § � k so ■ s ! � . } ( i � ■ � § ( k 0. ( � ■ e � § a a § e � � � . K . { 12 C ) 9L ) 2 Q . f } in . IL 2 ; wx 7 . . � \\\\» � . : s . . ■ @ G . . . . � . � . . . . . \ . ! $ ■ � 2 - ! a . ■ [ . s_� 8P- WA a ■ . - k E k ■ § [ E ■ s � k §_ th mi ) `L. § } �up ? ' § § _ PA _ $ a 2 e 2 \ } s _ a ■ as - U _ } : $ § k 2 2 2 I Cl Cl 'A / a 2 { \ 2 $ 2 -j in } % } § } � 2 , ■ § \: B § ~ t4 CP- k § § ] ■ . \ k VA / 2 § a ; ■ ■ q G a 0.- ) § fn Ln kcm . � § - » . ■ l . § § . . . ■ ; . / § _ ~ \ . 42 � C; § § ! , U § � § ) ) $ — ° k 8 k W. k k § ab - _ _ 22 Im99 66 am _ _ § § LP § § 7 § f § - T E 2 2 e ■ ■ ca Li } k ■ 7 N § Ln7 § �`$ c $ \ 2 : 6- » L. @ I § 2 f 2 $ / MR m § 7 K k r4k ■ § 0 . cl� K — f 2 2~ � ■ m ■ . ■ � � >� . um, : @ ■ a � & . . $. \ . < . < . . . \ I. ,mm7 rN Nc%j � coLr! S O c -j I-. L" Lr! O v p.2z n vr N v W O N W v < 15cA at .pp • v ti N pN t2d M a « r d v •O 6 W �. N N < o oo pQ • O S H H S S O "+ . W�y G iA Wcml r M M f/1 t% W N < • p p o O O O S H O H 8 pQ pq pq N N b H N r • S ►- S H H H O S H O O O O O O O N N W M .- w { gpp V M M iA r M M N .r O en c ' N J OQ• p � J - � P �. • H � L q NN N L � p� M L !� N Y N ..J YYY 'J ✓ 9 � O � �E E Je � 7 L P YR •+ Ck ✓ E O A W V � M O Wy� M • y N r 'S •O K N a Y . OC 3 ta az _ y� qLq �' �. ✓ 3 . Y .op � � p ✓ W $ �• O U on O O ��} . 1^py O Y P W Y � O• p 6L! N O _ w i! J 3 M 0. 3 W to m 0. �O ►- 2 %n d r v o v o v a ca o CSC ScaCH S o O N M N M O M La S N .L .� N L. v N •L v N L d d 4 O. O u O x pp CC CC oO r �j C x.' OWC ` $•, N N N O � N N O w N M N g N N N L 15 s- ao a z W X ft k k k k K IA 2 : . � � � K � _ 0 . . . ■ ; . 2 2 . 2 § o Q on PM CD } � . � a a ■ � - . \ ; § § { � . � ■ § \ 2 . . ■ 2 ( a � a a S a to _ . in 2 ( � § ( § Ub � » ; . � ] . 7 k ■ ■ : k i t 2 f § § 7 - 7 ° . 2 at { I \ s @ $ a s \ I � 10.1 § 2 _ ° � � 2 s Li � e ■ � � � - . � B $ § � -C Ir $ 2 / f § § � A . 2 § � ( ■ ■ to . . LU -a 2 § § � m =� f \ � \ ~ � . . § Igor N ^ M rn v p. yLa v vA N CD C3 m M a. g FA n; r {yy r o c o 0 0 z : Ob w W r r N N r W o M r N P � H d tft a Y � V N ON O Y N a. UA b J O M 1/t OL ' 4 ` Iy Y r tl p ~ �C f�bAy pQ M f/yV a. ti N C C Co. 44 J a. P �+ ■ Y y P ® N P m t P Y C$ N a a. V r K N V � OL iY7 � G r N �r �»i ypC Y Y N y � � 31 O • O y o � W [r+ O L O L y O L ~C N b x 4 1� C2 b r OI N a. C M O C V G r ► � !D � y ti �+ o Z d O d r d d V Was d in jr y�� yP� 6 i7 ry pwt S fil �+ r "Up e+ r y N L N6. d 1L. 00. d d d •[ SIC Q t O _ Y 2 sUs j 0 A Q M OL p C; in VY• Q aY+ N N N r N r y N r` y � ay y NC N N N J ■ � � . � $ § k � 2 . 8 ■ q � j, k { \ k 2 k � ui . . . .. c : a a a a \ - ■ § S � ■ � } § on $ k In \ 2 { ■ a 2 § S \ . , - . . ■ ( . ■ a a a § k k q . § ■ § � ■ i � � a co « . « k a J k 40 § k � - s \ } ■ $ § f / \ k 2 is\ § } $ ) $ I § C6k § / } k � 4=0m f § § ■_ f $ t � � � � k 2Cok . . L-u § 2 . k § } � % cn du ' \ j C cm ® ® Ll i^+lja�1►�tlallPt�t611tis'ri�.lt(1� 11111i1�aiPlliTi 1 'j'T' I �tl.�.ie)? T'' [Fp !li I� '� 1�tl Int tii la Fit Iil "1 t)f111I. L-3 � Ir�►� 1.�?rZt � il + � � l ! ! + � , Ill Ilfl ( If ! jil ., NOTE: IF IS LECLEARTHA THIS NOTICE. IT IS DUE TO THE QUALITY OF TK ORIGINAL DRAWING. OE 6Z 8Z LZ 9Z SZ bZ _EZ ZZ IZ OZ 6P 81 Ll - 91 Sf bl E! at -i0- 01 — 6 8 t - 9 5 _ 4 E-. _Z pawn. r � .e!L�NnluN�anL6Wa�uNttyL�+Ndu�s�prL!!)8(j�gt1! U!"piN--MARCH Ti 1990 - ---------------- U EXAMPLE OF ASSESSMENT METHOD �• FAG TORS ' Frontf;2 area Factor # 299,256.66 3,655,660 00 sy,ft. _#0.0 751125 700971st it. Frontage length Factor $ 299,256.66 =#1327977/5800)ft 21,783.39 ft. • _�"' Total area Factor # 758,321.44 =t 0.04845920261sf ft.. 15,649,657.DO sq.ft ¢�' ¢�"' • Rigbi-of-Way Factor #236,840.50 i;, n f 1,336,834.76 - 0.177165127 w > „ a Frontage i —_ Area /DENT 31 E9O j, e 3 „ ® TotoI y Area w m>RDVEmDrr DISTRICT _ OUN '. SCALE=1"-200' ,e i FINAL ASSESSMENT Basic As5es5menr i >r-- Frontad Area Cosi ' c (26,550 sf ft)(#0.07912570097/sl.ft)_#2,100.79 Frontage Length Cost a . 4 (127{eet)(#13.2787715900/ft) = 1,686.40 'E e Total Area Lost (53,253 s4.ft)(#0.0494592026lsg fi.)= 4,50.a #8,306.15 SCALE:I"=800' F i Riaht-of-Way Assessment _ (08,306:25)(0.17 716 512 7) 1,471.58 - � Special Assessment 0.00 Total Final Assessment #9,777.83 4• • Less Preliminary AsSessmenf (11,55882) "4m m `t Net A55e55ment-Additional or (Credit) (#!.780.99) i .. s k-� m " x x m DATE.December,1985 RLE.80.194.Ili DeHAAS A ASSOCIATES,INC. CONSULIVIG acwEE%a SURVEYORS ar..As.Aoc c..,•, moi wm - _ Mirn,n4 Pqw,•Oro - .. �:- i+.. ..�.�.._�.--_ .u+rw'�r`�ueuua��' �. .. ...._.._-.. ...-•n--..,uva.aa_.wm..r...:.. �..+w..... ...w...a..✓rTPA'wr^., _ .; If 11S 1 1 1 1 1 1 I t r 1 + 1 1 ( r r 11IT I l f 1 I I 1 1 --"" j rfi�r��t+1+��Jll+imp+tT}+rl�lt+�+t�f+�+l+l+)111111iIIIIl)I++Itlltll'tillll''ll+(III�N11111�Et11111'r1,1411 y NOTE: IF THIS MICROFILMED 3 4 6 7 8 !!9 1d0 ii 12 DRAWING IS LESS CLEAR THAN THIS NOTICE. IT IS DUE TO 7W QUALITY OF THE ORIGINAL - DRAWING. oe sz ez a az sz ea cz zz 13 Oz 61—e1- ii --91 -5f -l.1 EI -zl it of 1�- c wldNuhadouluuluNl►wrhadyn{nn. wl�tlutlnl ® r>• �� a , 7 i 1990 �, EXAMPLE OF ASSESSMENT METHOD r •• 1 FAC TORS p•'�O d 1\ Aeowtoge orto Foctor / 2d9.156 i6 -10 0 731125 700971-111, d . !,SS3,660 as sf fi. • .. « w w `��♦ Fro nto-f hn-g//+/ac for ! 189,256 66 ,115.279771SBOol/L • ♦ � 1/,783.39/t w L 758 321 44 4 » • " `J Total ores Factor , r„• •fO04B4S92016fsfft. -- 15,648.657oorf ff. " •,Q, �•r" • r w Rifhf-of•I✓ax Factor l236,d40S0 . 0/77/65/27 „ 11,33 6,834.76 !• w r « h ♦♦ i w ♦ w wFr I Fronrof ea 6 � n Ar \ M ��, r 7/DT so R• i w4K NENETIT DISTRICT r 8011 RY+ Y SCALE-1"=200' w w w w FINAL 1,1 SSESSMENT Basic Assessment ' FrowtoTs Assa Lett 0 sf ft)(f0 079/25700Y7�sf./6f • 0.00 Fran rage /_myth Gost (O (eer)(1112�M77150001ff) 0.00 ;� Tofo/ Areo Gost (2/7,800 sy.ft.)(f0.04845Y2oZ6`sf.ft)' 10,.544.414 SCALE1'=800' ` • x/0,544.4/4 i Righr-of-Way AssessmenT 010 544.414)(0'11171651211) J,869.B74 • �' &ecio/ Assessment 0.00 i • M. r Is i f 12,414.2'] M •♦ Totol Fina/ Assessment It w. Less Preliminary Assess,»enT ( ) � \ r \ i Assessment-AeOitr'ono/ of �Creeit) (:2,462.53) r- - � r d 1 ASSESSMENT METHOD FAL MRS: FronfaZe area Factor / 15!.156-66 • 1O.079/1570047fsffit 655,66000st fe • r n r r �`\ Franlo�Ze /tooth Factor J 157.256.66 -115.275771fA001ft 1/,753.99/f --- • r • r• `J Total arta Factor 1 755.32/.44 w ->;O0454592026/sf.fr • O M r w " •.n j..111 Right-of-lYlaY Facto., 12346,840 50 r 0.177165127 1 n S/,336,534.76 r w r i+ N L. \ • R \ D Fianfo9e td'- „ Areo M w ® Total r0 T 73 PADRO \•\ Arsa r � R. 1IEMENT DISTRICT BOLMA iY 11 rn ,w r SCALEI I"=2001 r r FINAL 1155ES564ENT 1 , n 1 w Basic Assess Ment 1 � Fro,,r!ta Areo Lor t ,� � "' (O s9 ft)(Y0071t2570017/Sf.f/> •If 0.00 M �` I;i � w ! r• Fronto C Len Yh Gott (0 fee t)(113.27577/550orft) ' 0.00 Total Area Lost (11Zdoosf.ft)(10.0454592o2e`sf.ft)- 10,544.414 SCALE ri"•8001 i ' = �,� RighY•of-Wort' Assessnren7' (1/0,544.414)(0/77165/27) /,551.574 1 . 1 1 i Special Assessment 0.00 1 \ 1 ' Tojal Final Assessment 1/2,424.1! /f 586.52 Less Pre/oninary ASsessn,tnt ( ) 12,462.59 � ' Net Assessment-Aeditiona/ or (Credit) ( ) t •' ' w • o. N Z �m o,rcDecenaer,1443 .I,el do.,l4.p5 OeHAAS&ASSOCIATES,INC- O COST V4 WM4EM a suMEYORS ¢vU,u ,...r19JOCers •VAXww' s+r _. Nwaw.aw•w••a•w _ ww«.Iw O.•,••,t01• L.I.D. NO 21 - 72nd AVENUE AREA STREET IMPROVEMENTS FINAL COSTS 1. BASIC PROJECT 11. RIGHT-OF-WAY ACQUISITION 1. BASIC PROJECT A. Construction 1. Work by Columbis Excavating, Inc. $1,661,851.70 Less work by Colurtbis Excavating, Inc. which is not part of the "Cap" consideration. a. De Naas cost (R.R. Xing) (8,993.70) b. Washington Co. (San. Sewer) (9,284.00) c. Pac Trust (San. Sewer) (4,012.90) d. SPIDCO (San. Sewer) (10,407.80) e. City of Tigard (San Sewer) (10,300.00) f. Pac•Trust (Aprons, etc.) (4,108.65) g. T.R.F.D. (OPTICOM SIGNAL EQUIP.) (17,500.00) $1,597.244.65 2. Work by City Forces • a. Interim striping during Winter, 1982 300.00 3. Work by Southern Pacific Transportation Co. a. SXF1239 (Main Track) 57,196.69 b. SXF1240 (Spur Track) 23.234.99 80,431.68 3�:EXHI y f" 4. Work by Oregon State Highway Division a. Inspection, striping and signal revisions 6,266.50 b. Signal Testing 4,482.50 1.650.00 c. Signal. Programs _ 12,399.00 S. Work by Carver Equip. 8 Excavating Co., Inc. a. Lowering lake Grove Water District's 12" waterline at Durham Road and 4,188.05 Upper Booms Ferry Road 6. Work by Tigard Water District. a. P{ace rock at Bonita Road 432.00 7. Miscellaneous a. Removal of Comic's Market 2,100.00 b. Adjust watermeter on OSMO R/W along Durham Road 402. 2.502,50 Total Construction: $1,697,497.88 B. � a� anMIMISTRATIYE AND ENGINEERING 1. General Legal a. I.C.C. costs and disbursements s19,729.44 b. city Attorney Current $9.095.13 Projected (after 12/1/85) 500.00 9.595.13 $29,324.57 2. City Administration a. Interim Financing until Pre-Assess. (Const. only) 10,565.55 b. Finance (1/2% of Const. Costs) 8,487.49 C. Clerical (1/4% of Const. Costs) 4,243.74 d. Administration (1/2% of Const. Costs) 8,487.49 e. Ctosing Costs (1.1/2% of Const. Costs) x•5.462.47 57,246.74 Costs - 2 1 i 3. Engineering 337,910.78 Current (12/1/85) ^y00 Projected 340,410.78 Less individually assigned engineering costs which are not a part of the f .Cap" consideration. E (1,475.20) E a. Washington Co. (San. sewer) (944.22) i b. Pae Trust (San. Sewer) (3,019.88) C. SPIDCO (San. Sewer) (1.ggg,31) d. City of Tigard (San. sewer) etc.) (616.30) e, Pse Trust (Aprons, ,L aZ5 00) f. T.R.F.D. (OPTICOM SIGNAL) z_3g 841.87 j 41_ 6413.18 Total L.A. 8 E: s2,113,911.06 TOTAL BASIC PROJECT COSTS: II, R1 NT OF WAV AcpU1S1T10N A. r h 3e 5160,604.47 1. Negotiated Settlement 2. Condemnation a, Maksym (Ident. 8) 1) Settlement 56,530.00 2) Engineering 2,518.425,003.29 3) Appraisal 4) Attorney 21,095.27 000.00 5> Mise. (Council) ____.2• ----. 637,146.98 b. !Gillian (ident. 46) 1) settlement 11,800.00 600.54 2) Engineering 450.00 3) Appraisal g�573,10 4) Attorney 0,00 5) Miscellaneous —' 21,423.64 costs - 3 14 � , 2 C. yhitlateh (Ident. 29) 1) Settlement 15,000.00 2) Engineering 2,460.20 3) Appraisal 150.00 4) Attorney 8,726.17 Y 5) Misc. (Apron 8 curb removal by City) 577.50 26,913.87 i d. Gage (ident. 9) • 1) settlement 5,000.00 2) Engineering 10.84 s 3) Appraisal 0.00 4) Attorney 2,353.66 5) Miscellaneous 0.00 7 64. 0 92,848.99 3. Permit cost for storm drain across Eg s.N.R.R. track on Durham Road 200.00 e' (1st 10 years) (253,653.46 Total Purchases: 13,480.64 a. Landscaoir29 and scan Relocation+ C. tergal i�*iniarrative 8 Engineering (other than Condensation Costs) 2,405.00 1. Title Report Costs 11,961.00 2. Appraiser Costs 10,287.50 3. Right-of-Way Agent Costs 4. Engineering Costs (Gen. management, Legal Descriptions, Map Preparation, Negotiations 68,529.04 and Acquisitions) S. legal Costs (See Item A.2., Condemnation) 0.00 Costs - 4 6. City Administration, based on costs of negotiated settlement 8 settlements on condemnations (4198,934.47) a. Interim Financing 0,00 b. Finance (1/2%) 994.67 c. Clerical 0/4%) 497.34 d. Administration (1/2X) 994.67 e. Closing Costs 0-1/2%) 2,984.02 5.470.70 Total L.A. 8 E: 98,653.24 TOTAL RIGHT-OF-MAT ACQUISITION COSTS: $365,787.34 TOTAL PROJECT COSTS: (For "Cap" Consideration) 1. BASIC PROJECT $2,113,911.06 11. R/Y ACQUISITION 365,787.34 $2,479,698.40 Costs - 5 x M11 1 11 s CITY OF TIGARD, OREGON ORDINANCE NO. 82— f-S AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTIONS OF THE CITY COUNCIL OF JANUARY 12, 1981 AND MARCH 8 , 1982, WITH RESPECT TO S. W. 72ND AVENUE AREA STREET IMPROVEMENT DISTRICT; APPROVING, RATIFYING . AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF STREET IMPROVEMENTS; DECLARING RESULTS OF HEARINGS HELD WITH RESPECT THERETO; PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS; AND DECLARING F AN EMERGENCY. WHEREAS, a resolution was duly passed by the City Council of the City of Tigard at its regular meeting of March 8, 1982 , a copy whereof a: is hereto 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 specifically R benefitted; and WHEREAS, the City Council has previously declared its intention to make these improvements by Resolution No. 81-2 , and WHEREAS, by the terms of said Resolution No. 81-2 hearings were duly called to be held in Fowler Junior High School at 10865 S.W. -Walnut Street in Tigard, Oregon, on February 9 , 1981 , at the hour of 8: 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 improvements; and on March 23, 1981 , at the hour of 8:00 p.m. for the purpose of hearing new evidence; and on June 1 , 1981, at the hour of 8:00 p.m. for the purposes of hearing additional evidence and determining the scope of the project; and WHEREAS, pursuant to said Resolution No. 81-2 , due and legal .notices of said* hearings were given by publication in the Tigard Times for consecutive publishings on January 21 and January 28 , March 11 and March 18 , and May 21 and May 28 , 1981 , prior to said hearings; -and WHEREAS, said hearings were duly and regularly called to order and held in Fowler Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon, on February 9 , March 23 and June 1 , 1981 , at the hour of 8:00 p.m. ; and _ WHEREAS, -by the terms of said Resolution No. 81-2 and publication, written objections or remonstrances from the owners of now 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`k 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 EXHIBIT F=I' OB'DINANCE NO. 82- /,3 Page. 1 of 4 WHEREAS, the City Council adopted Ordinance No. 81-45 ordering the improvements and calling for bids, and amending Resolution No. 81-2 to establish a limit on the amount of the improvements assessable and providing alternatives for construction of the improvements; and WHEREAS, the City Council adopted Ordinance No. 81-82 amending Ordinance No. 81-45 and setting the improved street width; and WHEREAS, the City Council has indicated by motion that it finds Alternative A of Ordinance No. 81-45, as amended by Ordinance No. 81-82 , necessary for proper improvement of the street; and WHEREAS, Western International Properties wants the improvement extended to include Western International Properties Oregon Tech Center, the total cost of which extension will be assessed to Western international Properties Oregon Tech Center; and WHEREAS, the City has received favorable bids for the construc- tion of the proposed improvements, as amended; and WHEREAS, by the terms of Resolution No. 82-22 a hearing was duly called to be held in Fowler Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon, on March 29, 1982, at the hour of 8:00 p.m. for the purpose of affording an opportunity to any parties aggrieved by the amended proposal for the construction of 72nd Avenue Area street improvements, including the Western International Properties Oregon Tech Center, to make objections or remonstrances to the proposed amendments; and WHEREAS, pursuant to said resolution, due and legal notices of said hearings were given by publication in the Tigard Times for consecutive publishings on March 18 and March 25, 1982, prior said hearing; and WHEREAS, said hearing was duly and regularly called to order and held in Fowler .junior High School at 10865 S.W. Walnut Street in Tigard, Oregon, on March 29 , 1982 at the hour of 8:00 p.m. ; and WHEREAS, by the terms of Resolution No. 82-22 and publication, written objections or remonstrances from the owners of not less than 66-213$ 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 WHEREAS, the plans and specification were on file with the City Clerk as required by Tigard Municipal Code 13-04 . 030; and WHEREAS, all proceedings to date have been in conformity with 223 . 387 and 223. 389 Oregon Revised Statutes and Tigard Municipal Code ' - Title 13, of the City of Tigard, and all procedures were regularly and lawfully conducted; ORDINANCE NO. 82- 13 Page 2 of 4 NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That all matters set forth in Resolution No. 81-2 of the City Council of the City of Tigard, Oregon, on January 12, 1981, as amended by Ordinance Nos. 81-45 and 81-82 , and all matters set forth in Resolution No. 82-22 of the City Council of the City of Tigard, Oregon on March 8 , 1982, copies whereof are hereto attached marked Exhibit "1" 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, and the boundaries of the area known as S. W. 72nd Avenue Area Street Improvement District as heretofore described in Resolution 82-22, be, and the same are, hereby declared and fixed in accordance with said descriptions. • Section 2: That improvements to the basic city standard 40 foot width curb to curb be made as follows: a. S.W. 72nd Avenue from the south city limit line northerly along S.W. 72nd Avenue to S.W. Upper Boone Ferry Road. b. S.W. 72nd Avenue from S.W. Upper Boones Ferry Road (Carmen Drive) northerly along S.W. 72nd Avenue to just north of the S.W. V .rnes Road running east of S.W. 72nd Avenue. C. S.W. Upper Boones Ferry Road, from a point just south of S.W. Durham Road, northerly along S.W. Upper Boones Ferry Road to that portion already improved by the Oregon State Highway Division (Carmen Drive) . d. S.W. Bonita Road matching the existing improvements at I-5 and continuing westerly through the S .W. 72nd Avenue intersection. That improvements to the basic city standard 34 foot width curb to curb be made as follows: a. S.W. Tech Center Drive from S.W. 72nd Avenue westerly to the existing improvement. Section 3: Property owner participation shall be limited, exclusive of right-of-way costs exceeding $50,000 , to $1 . 3 to $1 . 5 million, except that Western International Properties shall be assessed an additional $33,955 for improvements adjacent to their property. Section 4 : That the City Council of the City of Tigard, having acquired jurisdiction to order the improvements to be made, does hereby authorize and direct the construction of street improvements within the boundaries of the S.W. 72nd Avenue Area Street Improvement District in conformity in all reasonable particulars with the plans and specifications by Resolution No. 81-2 , as amended, and 's Resolution No. 82-22 adopted and hereby ratified and confirmed. ORDINANCE NO. 82- /_3 Page 3 of 4 4 } Section 5: That all lands situated within the boundaries described on EXHIBIT "A" of heretofore described ordinances and resolutions 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 especially benefitted by said improvements, and that the total estimated cost of the project is $2,050 ,455, and that the assessable cost, not to exceed $1,533,955, exclusive of right-of-way costs exceeding $50,000 , shall be assessed in full, according to benefit, against all lands within said improvement district. Section 6: The Tigard City Council finds that the S.W. 72nd Avenue Area Local Improvement District 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 7: General obligation improvement warrants for the S.W. 72nd Avenue Area Local Improvement District are hereby authorized to be issued in the aggregate amount of $2 ,000 ,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 obli- gation of the City of Tigard that shall mature on or before two years after the date of issue, but not later than June 1 , 1984. Warrants shall be retired as funds are received in accordance with ORS 287.506. Section 8: The Mayor and City Recorder are hereby authorized to execute the described warrants on behalf of the City of Tigard. Section 9: 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 the Council, byvote of all Council members present, after being read two times by number and title only, this 29th day of March, 1982 . Recorded APPROVED: By the Mayor, this day of Aal �� 1982. 4..: Mayor � ORDINANCE NO. 82- /3 Page 4 of 4 CITY OF TIGARD, OREGON RESOLUTION No. 81 DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA DETER�HINED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS SOUTII14EST 72nd AVENUE AREA L.I.D. No. 21; DESCRIBING THE PROBABLE TOTAL ASSESSABLE COST THEREOF: DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED: APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WORK AND uSTIMATES OF THE CITY'S ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. WHEREAS, the City Council has accepted a petition requesting street imp rove mentis and has ordered preparation of a preliminary engineering report, pursuant thereto, at the Council's regular meeting of May 19, 1980, and WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, City Council finds it expedient and necessary to order the improvement of the hereinbelow -described lands by construction of street facilities and, appurentances 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 benefited and the --apportionment of the total cost of the improvements which each of said lots, parts _ .f lots and parcels of land shatl be assessed on account of the benefits derived; and WHEREAS, the Council finds that said plans, specifications and estimates are satisfactory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD as follows: (a) That the City Council does hereby deem it expedient and necessary, and does hereby declare its intention to improve the aforesaid Southwest 72nd Avenue Area by construction of street facilities and appurtenances thereto. (b) That all lands situated within the boundaries described on the attached "EXHIBIT A" are determined and declared to be a street improvement assessment district, to be known as "Southwest 72nd Avenue Area", and it is furtfier declared that each lot, part of lot and parcel of land within said boundaries will be especially benefited by said improvements, and that the total estimated assessable cost of $2,718,026.12 for said improvements, shall be assessed in full, on--a combination front foot-area basis against all lands within said improvement district. (c) That the plans, specifications and estimates with respect to the street 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. (d) That Monday, the 9th day of February, 1981, at the hour of 8:00 F.M. , at •�owler Junior High School Lecture Room, 10865 SW Walnut, Tigard, Oregon, be, and the same are hereby set as the time and place for hearing and considering objections or remonstrances to the proposed improvement by any parties aggrieved thereby. RESOLUTION No. 81 - (e) That the City Recorder be, and she is hereby, directed to give notice C by causing to have this resolution published in the Tigard Times, issues of January 21, 1981 and January 28, 1981. PASSED: By Council on this day of ac — 1981. Mayor - City of Tigard ATTEST: _. ; . ... Recorder - City o Tigar 3 ts. w 6 h page :2 �` RESOI..l11.'LfliV C EXHIBIT A LEGAL DESCRIPTION OF L.I.D. Beginning at the northwest corner of T.L. 701 , 2SllD3; thence S 0°4' W along the westerly line of T.L. 701 122 feet to the northerly right of way of Varns Street (a 50 foot right of way); thence southwesterly approximately 51 feet to the northwest corner of T.L. 710, 2SllDB located on 'the southerly right of way line of Varns Street; thence S 0°09' E along the West line of T.L. 710 143.28 feet; thence S 89°05' W along the North line of T.L. 800, 2S110B to a point which is 290 feet (perpendicular distance) from the westerly right of way line of S.W. 72nd Avenue; thence southerly approximately 355 feet to the northwest corner of T.L. 100, 2Sl1DC, which is located-on-the easterly -right of way line of 74th Rvenue (a 40 foot right.o. way) ; thence southerly along the easterly right of way line of 74th Avenue approximately 756 feet; thence N 88048' W across 74th Avenue and along the northerly line of T.L. 800, 2SllDC 820.57 feet to the southerly corner of ( T.L. 2000, 2SllDC; thence N 41°51' W 251 .38 feet to the northaresteriy corner of T.L. 800; thence southerly along the West line of T.L. 800 approximately 440 feet to the northeasterly right of way line of Southern Pacific Railroad (a 100 foot right of way); thence southeasterly along said right of way line approximately 2000 feet to the southwest corner of T.L. 402, 2S112A; thence East along the South line of T.L. 402 approximately 400 feet to the northwest corner of T.L. 501 , 2S112A; thence S °09' W 326.2 feet along the West line of T.L. 501 and its southerly extension to the northerly right of way line of Bonita Road (a 40 foot right of way) ; thence southwesterly approximately 50 feet to the northwest corner of T.L. 1900, 2S112A; thence S 0039' E approximately 380 feet to the southwest corner of T.L. 1900; thence S 55°55'38" W along the northerly line of T.L. 1902, 2S112A 163.11 feet to the northeasterly right of way line of the Southern Pacific Railroad (a 100 foot right of way) ; thence southeasterly along said right of way line approximately 1000 feet to a point on the northerly line extended of T.L. 400, 2511203; thence S 88°14'07" W along said northerly line approximately 458.9 feet to the northwest corner of T.L. 400, said point jeing on the easterly right of way line of the Oregon Electric Railway; thence Southerly along said right of way line approximately 2255 feet to the southwest C- corner of T.L. 200, 2Sll2DC; thence N 88029'35" E 316.61 feet to the southeast corner of T.L. 200; thence S 00°02'40" E 253.15 feet to a point on the West line of T.L. 2102, 2S112D; thence S 89°46'10" W along the North line of T.L. 1900, 2S112D approximately 380 feet to the easterly right of way line of the Oregon Electric Railway; thence southwesterly 163.8 feet to the northerly right of way of Fanno Creek Place (a 40 foot right of way); thence southwesterly approximately 41 feet to the northwest corner of T.L. 1301 , 2Sll3A; thence southwesterly approximately 480 feet along the West line of T.L. 1301 and T.L. 1200, 2S113A to the southwest corner of T.L. 1200, said point being on the northerly right of way line of Durham Road (a 60 foot right of way) ; thence S 29052' W 60 feet to the southerly right of way of Durham Road; thence southeasterly along said southerly right of way approximately 245 feet to the northerly right of way of Upper Boones Ferry Road (a 60 foot right of way); thence S 48017' W along said northerly right of way line of Upper Boones Ferry Road approximately 165 feet; thence S 41°43' E approximately 284 feet to a point on the West line of T.L-.' 1100, 2Sll3A; thence South along the West line of T.L. 1100 approximately 230 .feet; *:fence tlest along the north lire of T.L. 2100, 2S113A approximately 185 feet; thence South along a gest line of T.L. 2100 243 feet; thence tlest alcng a North line of T.L. 2100 � 120 feet; thence South along a tlest line of T.L. 2100 100 feet; thence East along a South line of T.L. 2100 50 feet; thence South along a West line of T.L. 2100 383 feet; thence East along a South line of T.L. 2100 approximately 190 feet; thence South along a West line of T.L. 2100 297 feet; thence East along a South line of T.L. 2100 approximately 146.67 feet; thence South along a blest line of T.L. 2100 297 feet; thence easterly along the South lines of Tax Lots 2100 and 2101 , 2S113A and their extensions 1020 feet to the Hest right of way line of Interstate 5 (I-5) ; thence northerly along the westerly right of way line of Interstate 5 (I-5) approximately 2390 feet to the southerly right of way line of Southern Pacific Railroad (a 100 foot right of way) ; thence northwesterly along said southerly right of way line approximately 1160 feet to the northerly right of way of Upper Boones Ferry Road; thence northeasterly along the northerly right of way line of Upper Boones Ferry Road approximately 660 feet to the westerly right of bray of Interstate 5 (I-5) ; thence northerly and northwesterly along the westerly line of Interstate 5 (I-5) and southeasterly right of way line of State Highway No. 217 (Beaverton-Tigard Highway) approximately 7560 feet to the easterly right of way line of 72nd Avenue (a 105 foot right of way); thence -2- 1 f southerly along said easterly line approximately 45 feet; thence westerly approximately 105 feet to the northeast corner of T.L. 701 , 2SllD8; thence S 89005' W along the North line of T.L. 701 100.98 feet to the point of beginning. 'I CITY OF TIGARD, OREGON ORDINANCE NO. 81- 5- A-N.0"01 ANCE CONFIRI4I\G AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF JANUARY 12, 1981, WITH RESPECT TO S.W. 72ND AVENUE STREET IMPROVEtENT DISTRICT: APPROVING, R_:TIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF STREE"r 1!QROVEHENTS, AS :ODIFIED BY THE MOTION ADOPTING THIS ORDINANCE; DECLARING RESLZTS 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 January 12, 1981, a copy whereof is hereto attached and by this reference made a part hereof to the same legal force and effect as if set forth here- in- 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 hearings were duly called to be held in Fowler Junior High School at 10865 SW Walnut Street in Tigard, Oregon, on February 9, 1981, at the hour of 8:00 p.m. for the purpose of affording an opportunity to any parties aggrieved by the proposal to make objections or remonstrances to the proposed impreveait!nt; and on March 23, 1981, at the hour of 8:00 p.m. for the purpose of hearing evidence; and on June 1, 1981 at the hour of 8:00 p.m. for the purposes of hearing additional evidence and determining the scope of the project; and WHEREAS, pursuant to said resolution, due and legal notices of said hearings were given by publication in the Tigard Times for consecutive publishings on January 21 and January 28, March 11 and March 18, and May 21 and May 28, 1981, prior to said hearings, and WHEREAS, said hearings were duly and regularly called to order and held in Fowler Junior High School at 10865 SW Walnut Street in Tigard, Oregon, on February 9, March 23 and June 1, 1981 , at the hour of 8:00 p.m. ; and WHEREAS, by the r:_rms of said resolution and publication, written objections or remonstrances from th,� owners of not less than 66-2/3' of 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 66-2/37 of the property in the area within the improvement assessment district and that the percen.~a,,e of remonstrances is not a ban to further proceedings in the ntaki.ug of said improvements; WHEREAS, all proceedings to date have been in conformity with 223.337 and 223.389 Oregon Revised Statutes and Tigard t.unicipal Cade - Title 13, of the City of Tigard, and all procedures were regularly and lawfully conducted . :40;•,, THEREFORE, THE. CITY OF TIGARD ORD!+INS AS FO[.LO::S: ag I of 3 ORDfNA`CE NO, sl51 - Section 1: That all matters set forth in the resolution of the City Council of the City of Tigard, Oregon, on January 12, 1981, a copy whereof is hereto ached narked Exhibit "A" and by reference herein made a part hereof to the same r sal force and effect as if set forth herein in full, be, and the same are hereby approved, ratified, and confirmed, and the boundaries of the area know.. as S.W. 72nd Avenue Street Improvement District as heretofore described in said resolution, be, and the same are hereby, declared and fixed in accordance with said description, and as modified by the motion calling for the adoption of this ordinance as follows: Proposal "A". That SW 72nd Avenue be improved to the basic city standard 44 foot width curb to curb from just north of the intersection of SW 72nd Avenue and SW Upper Boones Ferry Road (Carmen Drive) southerly along SW Upper Boones Ferry Road to a point just south of SW Durham Road and southerly along SW 72nd Avenue to the city limit line and to the basic city standard 40 foot width curb to curb from just north of the intersection of SW Upper Boones Ferry Road (Carmen Drive) northerly along SW 72nd Avenue to just north of SW Varnes Road east of SW 72nd Avenue and SW Bonita, matching the existing improvement at I-5, through the SW 72nd Avenue intersection. Deductive alternates under this proposal shall include street lighting, rail- road crossing improvements, traffic signals and sidewalks along one side of the total length of the project. Proposal "B". That SW 72nd Avenue be improved to the basic city standard 44 foot width curb to curb from just north of the intersection of SW 72nd Avenue and SW Upper Boones Ferry Road (Carmen Drive) southerly along SW Upper Boones Ferry Road to a point just south of SW Durham Road and southerly along SW 72nd Avenue to the city limit line and that SW 72nd Avenue be graded to a standard 44 foot road bed and paved to a 28 foot width without curbs and accommodating as much stormdrainage in ditches as possible. Deductive alternates under this proposal shall include traffic signals, railroad crossings and street lights. An additive alternate shall be an additional 6 foot width marked for pedestrian and bicycle traffic. Assessment distribution shall be as outlined in the engineers report and shall incorporate varying rates for different street sections. Property owner particippation shall be limited, exclusive of right-of-way costs exceeding $50,000 to $1.3 to $1.5 million. Section 2: That the City Council of the City of Tigard, having acquired jurisdiction to order the improvement to be mad-. do.-s hereby authorize and direct the construction of street improvements within boundaries of said St4 72nd Avenue Street Improvement District in conformity in all _.t,.naablc particulars with the plans and specifications by said resolution adopted *. 1 ,erehy ratified and confirmed. Section 3: That the City Administrator and the City Engineer be, and they are hereby, directed to proceed with final construction plans and invite proposals for the construction of said improvements by publication in the Tigard Times in not less than two consecutive issues, the first publication to be not less than ten (10) days prior to the date set for opening the bids. The date and time• for opening bids shall be fixed and determined by the City Engineer and such date shall be not later than J 1, 1982, at which time bids will be opened in the City of. Tigard, Oregon, City yai , 12420 SW Main Street, all proposals to be then and there publicly read. Pale 2 of 3 ORDINANCE NO. 51-1` no IM M S,!CEion 4: That all la::ds situated within the boundaries described on the attached EXHL111T "A" are determined and declared to be a street improvement assessment e - SLrlcr , and it is further declared that each lot, part of lot and parcel of land ` ia said boundaries ill be especially benefitted by said i.mprovemcnts, nwand that the total ti::.ated cost of the project is $3,097,000 and that the assessable cost, not to exceed $1,5C`),000, exclusive of right-of-way costs exceeding $50,000, shall be assessed in full, acro:din-, to benefit against all lands within said improvement district, and that any grants or similar offsets in costs received by the City of Tigard will be used to further increase the City participation and reduce the assessable costs. Section 5: The Tigard city Council finds that the SW 72nd Avenue Local Improvement District 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 72nd Avenue Local Improvement District are hereby authorized to be issued in the aggregate amount of $3,097,000. 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 the date of issue, but not later than June 1, 1984. 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 in behalf of the City of Tigard. Section S: That inasmuch as it is necessary for the peace, health, and safety of the people of the City of Tigard that the said impcovements be constructed with 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 the Council, by unanimous vote of all Council members present, after being read two times by number and title only, this _,'day of /. r. e 1981. Recorder APPROVF'D: By the Mayor, this '✓ - - day of _N r , 1981. Iayor PAGE 3 of 3 31- / -57 Tri S CITY OI' '[•!CARD, ORE.C.0m, ORDINANCE No. L•i, :. '.!'AtICf: IMENDING ORUTH:iNCi': NO. til.-•/)i F;?(:'I",CiaCt`tG TO Ti,'F 721.1) LID PECLAfiIP, /: ; i' t:HE EAS, the Tigard City Cri-mcil fit,ds it advantageous to adjust the ..i;ta of Iiia ror,rl 1�ed under propos.. "A! and :11: For Ow 72 d Aron.._ LID. NOW, T111:REc:F, 1. THE CITY O TIGARD ORDAIES AS FOLLOWS: Section 1: Section 1 'Paragraph 2 and /) of Ordi.uance 31• 45 are .mems;; to read as follc:3: "Pr=osal „A". That St's 72tid Avenu:! be imt.))oved to the L sic city standard /:^ foo:. width curb to curb from jus t: north of tht- inters ection, of Std 72nd Ave— num-and SW Uppf!e Baonas ferry Roali (C:a i.vinn Drive.) southerly along SW tipper Bnor-e-2 1 )seri-. Road to a point jttst Soul:) of :)3•1 1)usloam Rlad and .r.:'3therly along SW 72n avenue to Lite city limit line and to tete basic city standard 40 foot wid=.i curb to curb from just tiortu of the i,.te.sectirn of SW Upper Boones 1 Fer- Road (Cartnert Drive) uur:Llm-cly along S:i 72nd Avenue to just north. of SW :acnes Road east of SW 72ltd Av<.nsic m(I S•' B-,zsita, matc!Ang the existi u imp_ovement at I••S, Earough the S'. 1'I.nd Av;i�!!e into tscc:ion, is "Frcposal "B". That Slo 72nd Av�.T)t:'! bc: imp c o•' to the basic city standard 4', foot width curb to cu=b from jwa tkorth of c into•rsr_c t'._+n of SW 72nd Avenue and EV Upper Boones Ferry Road ((:::).)nett Drive) souther.l along Std Upper Boo:i'_^ f herr.• Road to a point just soullt o}' SW D)li•s;.::. Road and zc:ttherly along Averme to Lhe city 111*=i t line att=_• cliz ;. Ski '12E,_ Avenue b� graded to a s taa&.r• 40 foot road bed and paved to n 28 foot w.idt'-. vi thout ci.:_bs and accommodati_'a as C)L•Ch stoiindrainaSe _n ditch-!L; E:` li-edurti.-fm zlternateS undo_ ,in- proposal shall i.ncluzL traffic ;ivvaly, vaiilrt.ad rrossir:Us and street light:s." Sectioit 2; Th-%L inasmuch as iL is uLcr_ ,:alry fl.r. tau! health, <^.r..i safety of the people of the City of Tigard ):Dais i,)e sri. _ , rc,v�t�ICti, _ be Constructed with tate least pr.n Bible &Jay at!(, vi Ll i t.l. cos';- _.. !:. ,g; ii.Gl_;^:i, an e-margenzy is hereby decl.:•i• (1 .o exist, ::r,t +jl:,, urd:i .r ,A.! shall effective -% its pas5zg;e by the Council and ;approval by t.b.z Kayor. V'. f: t f; EXHIBIT A LEGAL DESCRIPTION OF L.I.D. Beginning at the northwest corner of T.L. 701 , 25,110; thence S 0°4" W along the westerly line of T.L. 701 122 feet to the northerly right of way of Varns Street (a 50 foot right of way) ; thence southwesterly approximately 51 feet to the northwest corner of T.L. 710, 2SllD3 located on the southerly right of way line of Warns Street; thence S 0°09" E along the West line of T.L. 710 143.28 feet; thence S 89°05' W along the North line of T.L. 800, 2SllD8 to a nnint whir-h is '10:1 fnn_4 �lnr�nnr�ir7nr r!icranr•n��� from the westerly right of way line of S.W. 72nd Avenua; u;2,+:a sout;Zerly approximately 355 feet to the northwest corner of T.L. 100, 2S11DC, which is - 1 ocated on—the easterly:r:fig aht_-of way line of 74th Avenue (a.40 foot ri�ht.-of.: _ ray); thence along the easterly right of way line of 74th Avenue proxir,ately 756 feet; thence N 88°48' W across 74th Avenue and aTong .the .northerly line of T.L. 800, 2SllDC 820.57 feet to the southerly corner of. . —"-7.L. 2000,'2STTDC; thence-N 41°51' W 251 .38 feet to the northaresterly' corner of T.L. 800; thence southerly along the blest line of T.L. 800 approximately 440 feet to the northeasterly right of way line of Southern Pacific Railroad (a 100 foot right of way) ; thence southeasterly along said right of way line approximately 2000 feet to the southwest corner of T.L. 402, 2S112A; Utence East along the South line of T.L. 402 approximately 400 feet. to the northwest corner of T.L. 501 , 2S112A; thence S 0d09' W 326.2 feet along the West line of T.L. 501 and its southerly extension to the northerly right of way line of Bonita Road (a 40 foot right of way) ; thence southwesterly approximately 50 feet to the northwest corner of T.L. 1900, 2S112A; thence S 00 g' E approximately 80 feet to the southwest corner of T.L. 1900; thence S 55°55'38" W along the northerly line of T.L. 1902, 2S112A 153.11 feet to the northeasterly right of tray line of the Southern Pacific Railroad (a 100 foot right of way) ; thence southeasterly along said right of way line approximately 1000 feet to a point on the northerly Fine extended of T.L. 400, 2511203; thence S 83°11'07" W along said northerly i ine approximately 458.9 feet to the northsest corner of T.L. 400. said point being on the easterly right of way line of the Oregon Electric Railnay; thence southerly along said right of way lisle approximately 2255 feet to the south rest .{ car nar of T.L. 200, 2Sll2DC; thence H 88029'35" E 316-61 feet to the southeast career of T.L. 200; thence S 00°02'40" E 253.15 feet to a point on the West line of T.L. 2102, 2S112D; thence S 89°46'10" W along the North line of T.L. 1900, 2S1120 approximately 380 feet to the easterly right of way line of the Oregon Electric Railway; thence southwesterly 163.8 feet to the northerly right of way of Fanno Creek Place (a 40 foot right of way); thence southwesterly approximately 41 feat to the northwest corner of T.L. 1301 , 2Sll3A; thence southwesterly approximately 480 feet along the West line of T.L. 1301 and T.L. 1200, 2S113A to the southwest corner of T.L. 1200, said point being on the northerly right of way line of Durham Road (a 60 foot right of way); thence S 29052' W 60 feet to the southerly right of way of Durhan Road; thence southeasterly along said southerly right of way approximately 245 feet to the northerly right of way of Upper Boones Ferry Road (a 60 foot right of way) ; thence S 48017' W along said northerly right of way line- of Upper Boones, Ferry Road approximately 165 feet; thence S 41°43' E ------approxi,m:tely 284 feet to a point on the '.-lest line of T.L. 1100, 2S113A; thence `_i• --�— 'South along the ►,!est line of T.t. 1100 approximately 230_feet; fence West along., the North line of T.L. 2100, 2S113A approximately 185 feet; thence South along -a West lire of T.L. 2100 243 feet; thence test along a North -line of T.L. 2100 . 120 feet; thence South along a 'liest line of T.L. 2100 100 feet; thence East along a South line of T.L. 2100 50 feet; thence South along a t-test line of T.L. 2100 383 feet; thence East along a South line of T.L. 2100 approximately 190 feet; thence South along a West line of T.L. 2100 297 feet; thence East along a South line of T.L. 2100 approximately 146.07 feet; thence South along a West line of T.L. 2100 297 feet; thence easterly along the South lines of Tax Lots 2100 and 2101 , 2S113A and their extensions 1020 feet to the Nest right of way line of Interstate 5 (1-5) ; thence northerly along the westerly right of way line of Interstate 5 (1-5) approximately 2390 feet to the southerly right of tray line of Southern Pacific Railroad (a 100 foot right of way); thence rorthl.r;asterly along said southerly right of way line approximately 1160 feet to the northerly right o` way of Upper Boones Ferry Road; thence northeasterly along the northerly right of way lino of Upper Boones Ferry Road approximately 660 feet to the westerly right of way of Interstate 5 (I-5) ; thence northerly and northwesterly = along the westerly line of Interstate 5 ( 1-5) and southeasterly right of way line of State Highway Mo. 217 (Beaverton-Tigard Highviaty) approximately 7500 feet to the easterly right of way line of 72nd Avenue (a 105 foot right of way) ; thence -2- •J southerly along said easterly line approximately 45 feet; thence westerly approximately 105 feet to the northeast corner of T.L. 701 , 2S1103; thence S 89°05' W along the North line of T.L. 701 100.98 feet to the point of beginning. .0 EXHIBIT "A" Y CITY OF TIGARD, OREGON RESOLUTION No. SI _ DECLARING AIi INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEMNTS WITHIN AN AREA DETEPMNED TO BE A STVEET D1?ROVZEtENT3 ASSESSMENT DISTRICT TO BE R.NOWN AS SOUMWEST 72nd AVENUE AREA L.I.D. No. 21; DESCRIBING THE PROBABLE TOTAL ASSESSABLE COST TEBREOF: DEFINING THE BOUNDARIES OF THE DIST?.I ti'i TO EE EE:MI T:.'D AND ASSESSED: APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR TdE WORT AND ESTIMATES OF THE CITY'S ENGINEER, JWD SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THMEOF. WHEREAS, the City Council has accepted a petition requesting street improvements and has ordered preparation of a preliminary engineering report, pursuant thereto, at the Council's regular Meeting of May 19, 1980, and WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, City Council _ finds it expedient and necessary to order the improvement of the hereinbelow-described "- lands by•con:.truction of street-,facilities and appuren tan ces'thereto, *and pursuant - -- •- thereto the City's Engineer. has submitted to the Council plans, specifications and estimates for the work to be dote and the probable cost thereof together with a - -- - statement of the lots, parts of lots and parcels of land to be benefited and the _ �portionment of the total cost of the improvements which each of said lots, parts bf lots and parcels of land shat) be asses-;ed on account of the benefits derived; and WHEREAS, the Council finds that said plans, specifications and estimates are satisfactory. .NOW, TdEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TdE CITY OF TIGARD as follows: (a) That the City Council does hereby deem it expedient and necessary, and does hereby declare its tntention'to improve the aforesaid Southwest 72nd Avenue Area by construction of street facilities and appurtenances thereto. (b) That all lands situated within the boundaries described on the attached "E.:C:IBIT A" are determined and declared to be a street improvecent assessment district, to be known as "Southwest 72nd Avenue Area", and it is Liirtrier declared that each lot, part of lot and parcel of land within said boundaries will be especially benefited by said improvements, and that the total estimated assessable cost of $2,718,026.12 for said improvements, shall be assesses, in full, on-a combination front foot-area basis against all lands within said improvement district. (c) That the plans, specifications and estimates with respect to the street improvements as sube•.itted 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. (d) That Monday, the 9th day of February, 1981, at the hour of 8:00 F.:t. , at Fd*wler Junior High School Lecture Room, 10065 S:,, Walnut, Tigard, Oregon, be, and the sate are hereby set as the time and place for hearing and considering objections or remonstrances to the proposed inprovem_nt by any parties aggrieved thereby. RESO:-UTION No. 81 - r (e) That the City Recorder be, and she is hereby, directed to give notice r by causing to have this resolution published in the Tigard Titres, issues of January 21, 1981 and January 28, 1981. PASSED: By Council on this ray day of �/s F.Iu. ��_+ 1981. Mayor - City of Tigard ATTEST: Recorder - City or Tigar M �y T Pa •^ ? CITY OF TIGARD, OREGON RESOLUTION NO. 82-22 DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEKENTS WITHIN AN AREA DETER14INED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS SOUTHWEST 72nd AVENUE AREA L.I.D. No. 21; DESCRIBING THE PROBABLE TOTAL ASSESSABLE COST THEREOF: DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED: APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF THE CITY'S ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. WHEREAS, the City Council has accepted a petition requesting street improvements and has ordered preparation of a preliminary engineering report, pursuant thereto, at the Council's regular meeting of May 19, 1980, and WHEREAS, pursuant to Chapter 13.04 0£ Tigard Municipal Code, City Council finds it expedient and necessary to order the improvement of the hereinbelow described lands by construction of street facilities and appurentances 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 therof together with a statement of the lots, parts of lots and parcels of land to be benefited and the apportionment of the total cost of the improvements which each of said lots, parts .., or lots and parcels of land shall be assessed on account of the benefits derived; r and WHEREAS, the Council finds that said plans, specificationZ and estimates are satisfactory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD as follows: (a) That the City Council does hereby deem it expedient and necessary, and does hereby declare its intention to improve the aforesaid Southwest 72nd Avenue Area by construction of street facilities and appurtenances thereto. (b) That all lands situated within the boundaries described on the attached EXHIBIT A" are determined and declared to be a street. improvement assessment district, to be known as "Southwest 72nd Avenue Area", and it is further declared that each lot, part of lot and parcel of land within said boundaries will be especially benefited by said improvements, and that the cost of $1,500,000 plus right- of-way acquisition costs in excess of $50,000.00 for said improvements, shall be assessed in full, on a combination front foot-area basis against all lands within said improvement district. (c) That the plans, specifications and estimates with respect to the street 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. (d) That tsonday, the 29th day of tarch 1982, at the hour of 8:00 P.M. , at 'Fowler Junior High School Lecture Room, 103G5 S.W. Walnut, Tigard, Oregon, be, and the same are hereby set as the time and place, for hearing and considering objections or remonstrances to the proposed improvement by any parties aggrieved thereby. RESOLUTION NO. 82-22 s �t (e) That the City Recorder be, and she is hereby, directed to give notice by causing to have this resolution published in the Tigard Times, issues of March 18, 1982 and March 25, 1982. PASSED: By Council on this 8 day of March , 1982. Mayor - City OF Tigard ATTEST: Recorder - City of T' . RESOLUTION NO. 82-22 72nd AVENUE AREA 1..I.1). No. 21 EXHIBIT A ` LEGAL DESCRIPTION OF L.I.D. Beginning at the northwest corner of T.L. 701 , -2S11D3; thence S 0°4' W along the westerly line of T.L. 701 122 feet to the northerly right of way of Varns Street (a 50 foot right of way); thence southviesterly approximately 51 feet to the northwest corner of T.L. 710, 2S11DB located on the southerly right of way line of Varns Street; thence S .Oo09' E along the West line of T.L. 710 143.28 feet; thence S 89°05' W along the North line of T.L. 800, 2SllD8 to a point which is 290 feet (perpendicular distance) from the westerly right of way line of S.W. 72nd Avenue; thence southerly approximately 355 feet to the northwest corner of T.L. 100, 2SllDC, which is located•on-the easterly-right•-of way line of_.74th Avenue (a.40 foot right:oft way); thence. southerly along the easterly right of way line of 74th Avenue r_ approximately 756 feet; thence H 88048' W across 74th Avenue and along the northerly line of T.L. 800, 2SllDC 820.57 feet to the southerly corner of T.L. 2000;•-2STTOC; thence•N 41051' W .251.38 feet to the norttiwester1y' corner of T.L. 800; thence southerly along the West line of T.L. 800 approximately 440 feet to the northeasterly right of way line of Southern Pacific Railroad (a 100 foot right of way); thence southeasterly along said right of way line approximately 2000 feet to the southwest corner of T.L. 402, 2S112A; thence East along the South line of T.L. 402 approximately 400 feet to the noraiwest corner of T.L. 501 , 2S112A; thence S 0d 09' W 326.2 feet along the West lire of T.L. 501 and its southerly extension to the northerly night of way line of Bonita Road (a 40 foot right of way) ; thence southwesterly approximately 50 feet to the northwest corner of T.L. 1900, 2S112A; thence S 0039' E approximately 380 feet to the southwest corner of T.L. 1900; thence S 55°55`38" W along the northerly line of T.L. 1902, 2S112A 163.11 feet to the northeasterly right of way line of the Southern Pacific Railroad (a 100 foot right of way) ; thence southeasterly along said right of way line approximately 1000 feet to a point on the northerly line extended of T.L. 400, 2S112DQ; thence S 38°14'07" W along said northerly { line approximately 458.9 feet to the northwest corner of T.L. 400, said point being on the easterly right of way line of the Oregon Electric Railway; thence southerly along said right of way line approximately 2255 feet to the southwest corner of T.L. 200, 2S112DC; thence N 88029'35" E 316.61 feet to the southeast _corner of T.L. 200; thence S 00°02'40" E 253.15 feet to a point on the West r line of T.L. 2102, 2S112D; thence S 89°46'10" W along the North line of T.L. 1900, 2S112D approximately 380 feet to the easterly right of tray line of the Oregon Electric Railway; thence southwesterly 163.8 feet to the northerly right of way of Fanno Creek Place (a 40 foot right of way); thence southwesterly approximately 41 feet to the northwest corner of T.L. 1301 , 2S113A; thence southwesterly approximately 480 feet along the Ilest line of T.L. 1301 and T.L. 1200, 2Si13A to the southwest corner of T.L. 1200, said point being on the northerly right of way --line of Durham Road (a 60 foot right of way); thence S 29°52' W 60 feet to the . southerly right of way of Durham Road; thence southeasterly along said southerly right of way approximately 245 feet to the northerly right of way of Upper Boones Ferry Road (a 60 foot right of tray); thence S 48917' W along said northerly right of way line of Upper Boones Ferry. Road approximately 165 feet; thence S 41°43' E. approximately 2.84 feet to a point on the !•lest line of T.L: 1100,•2Sll3A; thence South along the West line of T.L. 1100 approximately 230. feet; t:ience Wast along the North lire -of T.L. 2100, 2S113A approximately 185 feet; thence South along- a West line of TA. 2100 243 feet; thence I-lest along a North line of..T.L.. 2100 120 feet; thence South along a llest line of T.L. 2100 100 feet; thence East along a South line of T.L. 2100 50 feet; thence South along a West line of T.L. 2100 383 feet; thence East along a South line of T.L. 2100 approximately 190 feet; thence South along a West line of T.L. 2100 297 feet; thence East along a South line of T.L. 2100 approximately 146.67 feet; thence South along a West line of T.L. 2100 297 feet; thence easterly along the South lines of Tax Lots 2100 and 2101 , 2S113A and their extensions 1020 feet to the West right of way line of Interstate 5 (I--5) ; thence northerly along the westerly right of way line of Interstate 5 (I-5) approximately 2390 feet to the southerly right of way line of Southern Pacific Railroad (a 100 foot right of way); thence northwesterly along said southerly right of way line approximately 1160 feet to the northerly right of way of Upper Boones Ferry Road; thence northeasterly along the northerly right of way line of Upper Boones Ferry Road approximately 660 feet to the westerly right of way of Interstate 5 (I-5) ; thence northerly and northwesterly along the westerly line of Interstate 5 (I-5) and southeasterly right of way line of State Highway No. 217 (Beaverton-Tigard Highway) approximately 7560 feet to the easterly right of way line of 72nd Avenue (a 105 foot right of way); thence _ 2 s southerly along said easterly line approximately ►5 feet; thence westerly -approximately 105 feet to the northeast corner of T.L. 701 , 2SllpB; thence S 89005' W along the North line of T.L. 701 100.98 feet to the point of beginning. _ r CITY OF TIGARD, OREGON ✓ ORDINANCE No. 82-__ AN ORDINANCE ADOPTING AN ASSESSMENT FORMULA FOR THE S. W. 72ND AVENUE LOCAL IMPROVEMENT DISTRICT NO. 21 , CREATED PURSUANT TO ORDINANCE NO. 82-13; ADOPTING FINDINGS AND CONCLUSIONS: AND DECLARING AN EMERGENCY. WHEREAS, Ordinance No. 82-13 was duly passed by the City Council of. the City of Tigard, following a public hearing at its regular meeting of March 29, 1982, which ordinance is incorporated herein by .reference and made a part hereof to the same legal force and effect as if fully set forth herein; and WHEREAS, in response to public comments and testimony at said March 29, 1982 public hearing, the City Council of Tigard scheduled, by adoption on motion, a public hearing to be held in Fowler Junior High School at 10865 S. W. Walnut Street in Tigard, Oregon on April 12, 1982, at the hour of 8:00 p.m. to consider public testimony concerning the assessment formula for LID No. 21; and WHEREAS, on April 1, 1982, a letter was mailed by the City of Tigard to all real property owners within the boundaries of S. W. 72nd Avenue LID No. 21 notifying them of said public hearing for the 'purpose of considering a proposed assessment based upon a combination frontage/area formula; and WHEREAS, due and legal notice of said hearing was given by publication in the Tigard Times on April 8, 1982 , prior to said hearing; and WHEREAS, said hearing was duly and regularly called to order and held jn Fowler Junior High School at 10865 S. W. Walnut Street in Tigard, Oregon, on April 12, 1982, at the hour of 8: 00 p.m. ; and WHEREAS, following said public hearing, the City Council scheduled, by adoption on motion, a public hearing to be held in Fowler Junior High School at 10865 S. W. Walnut Street in Tigard, Oregon, on May 3, 1982 at the hour of 7:30 p.m. to consider four alternative assessment ,formulas and any variations thereon; and WHEREAS, on April 21 , 1982, a letter from the Director of Public Works, City of Tigard, was mailed to all real property owners within the S. W. 72nd Avenue LID No. 21 notifying them of the public hearing scheduled for May 3, 1982, stating the purpose of said hearing and setting forth the four alternative assessment formulas to be considered; and WHEREAS, due and legal notice of said hearing was given by publi- sation in the Tigard Times for consecutive publishings on April 22 and April 29, 1982, prior to said hearing; and Page 1 ORDINANCE No. 82- ! .t, WHEREAS, said hearing was duly and regularly ca7.led to order ( and held in Fowler Junior High School at 10865 S.W. Walnut Street, Tigard, Oregon, on May 3, 1982 at the hour of 7:30 p.m. ; and WHEREAS, all proceedings to date have been in conformity with 223.387 and 223.389 Oregon Revised Statutes and Tigard Municipal Code - Title 13, of the City of Tigard, and all procedures were regularly and lawfully conducted; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That assessment of real property owners within the S.W. 72nd Avenue Local Improvement District No, 21 shall be in accordance with the following formula: a. Total PREASSESSMENT ($1,475. 711.35) equals $1,500,000 less one-half of estimated sidewalk costs ($34 ,773.56) , less one- half of estimated street light costs ($20, 505 .62) , plus $30,990.53 for Tech Center Drive. b. Distribute one-half of equivalent cost of a 34 foot street to property within 200 feet of the street improvement (total cost $1,157,026.64) . One-quarter of such costs ($289,256.66) are to be spread on a frontage basis and one- quarter ($289,256.66) are to spread on an area basis over the property within 200 feet of said improvements. One- half of such costs ($578,513.32) are to spread on an area basis over the entire assessable area of the district. C. Distribute costs of the traffic signal at 72nd (southbound) and S.W. Upper Boones Ferry Road ($66,678 . 15) to Pacific Realty Trust property lying southerly of S.W. Upper Boones Ferry Road (see Exh. "A" to Findings and Conclusions attached hereto) on an area basis. d. Distribute estimated cost to the City ($20,000) for the spur- track railroad crossing protection facilities to Southern Pacific Company (Ident. No. 63) and Predeiivery Service (Ident. No. 64) on an area basis (see Exh. "B" to Findings and Conclusions attached hereto) . e. Separate costs for construction of Tech Center Drive $30,990. 53) are assessed on a one-quarter frontage and three-quarters area basis to Ident. No. 12a per agreement. f. The remaining assessable costs ($201 ,016.03) are to be spread on an area basis over the entire assessable area of the district. Page 2 ORDINANCE No. 82- ,.2_3 ITEM COST Frontage $ 289,256.66 CArea (within 200 feet) 289,256. 66 Signal to Pac Trust 66,678. 15 Spur Xing to SPTC & Predelivery 20,000.00 Tech Center Drive 30,990.53 s Area (total assessable) 779 ,529. 35 TOTAL PREASSESSMENT $1,475,711. 35* *Subject to increases for any right-of-way costs . exceeding $50,000.00. Section 2: That the Findings and Conclusions attached hereto be and hereby are adopted in support of the assessment formula described in Section 1 . Section 3: That inasmuch as it is necessary for the peace, health, and safety of the people of the City of Tigard that the affected property owners be notified of the assessment herein 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 the Council, by �,,.,,, ,., , ,,,,,,, •, vote of all Council members present, after being read two times by number and title only, this 10th day of May, 1982. Recorder - City of-igard APPROVED: By the Mayor this day of I 1982 . Mayor - City of Tigard/ Page 3 ORDINANCE NO. 82-•f .4 BEFORE THE CITY COUNCIL OF TIGARD, OREGON IN RE: Ordinance No. 82- p_3 ) adopting an assessment formula j for S. W. 72nd Avenue LID No. ) FINDINGS AND CONCLUSIONS 21, established under Ordinance ) No. 82-13. ) THIS MATTER came before the City Council of the City of Tigard for public hearing on May 3, 1982, following publication in accordance with Tigard Municipal Code and written notice to affected property owners, for consideration of four alternative assessment formulas and variations thereof for the above-referenced Local Improvement District. Pursuant to published notice, the hearing was convened at Fowler Junior High School, 10865 S. W. Walnut Street, Tigard, Oregon, at 7: 30 p.m. on said date. Upon consideration of the alternate formulas presented by staff and public testimony concerning those alternatives and proposed variations, the City Council makes the following findings and conclusions. APPLICABLE LEGAL STANDARDS The Oregon courts apply the substantial evidence test in deter- mining whether a local government's assessment of private property for public improvements is supportable. In Western Amusement v. Springfield, 275 Or 37, 43, 545 Ptd 592 (1976) , the court cited 4 Davis, Administrative Law, 126 § 29 .02 (1958) , in defining substan- tial evidence as "a variable" . The court went on to say that: "We consider our authority to be that in determining whether the city council's action is supported by substantial evidence we can consider the long and well founded policy of judicial restraint in this area. Id. In Gilbert v. City of Eugene, 255 Or 289 , 292, 465 Ptd 880, 882 (1970) , the court held that: r 2 " [Tlhe city council's determination***[afl the amount of the benefit is conclusive unless the court can say that the city council' s action was probably y l d . abusive." Cited in Hiransomboon v. Cit of Ti ard, 35 Or k. 595, 582 P2d 34, 36 (1978) and Chrysler Corp. v. City of Beaverton, 25 Or App 361, 549 P2d 678, 680 (1976) . ALTERNATIVE ASSESSMENT FORMULAS The four alternative assessment formulas considered by the } City Council are attached hereto in the letter from Marvin J. DeHaas, f P.E. , dated April 19, 1982. We find that all four of the alternative q formulas are legally supportable and represent standard methods of districtwide assessing property for public improvements, including assessments based on square footage, assessments based on frontage and assessments based on special benefits received by individual property owners from particular improvements. We further find that the assessment formula adopted herein is equitable to the property owners within the district. The Council has considered the conflicting testimony and attempted to strike a compromise between those property owners who would benefit inordinately if the assessment were based purely on area owned districtwide and those who contend the frontage-based assessment is more fair. The assessment adopted places a portion of the burden on all property owners in the district and, in three instances, assesses individual property owners for specific improvements . Thee three specific improvements are: 1. Traffic signal at 72nd (southbound) and S. w. Upper Boones Ferry Road -- assessed to Pacific Realty 'rrust property lying southerly of S. w. Upper Boones Ferry Road; 2. Spur-track railroad crossing protection facilities -- assessed and Pr.edelivery Service; and to Southern Pacific Traction Company I 3 3. Tech Center Drive -- assessed to Western International Properties. f In each instance, we find the individual property owner will receive a greater benefit from the respective improvement than will other property owners in the district or city. Each of the three improve- ments assists in the use of or provides improved access to the affected parcels. The assessment of Tech Center Drive to Western International Properties is supported by the testimony of the City's Director of Public Works. The Director recommended Western International Properties be assessed for the full cost of the improvement and stated that another adjoining property owner, Circle A-W did not benefit from the improvement to Tech Center Drive. BENEFIT OF IMPROVEMENTS TO DISTRICT The Council finds the improvements to be made within LID No. 21 are expedient and necessary. We further find that said improvements will create special, additional benefits for property owners within the district that are not shared by the public at large. Paramount among these special benefits are improved access to parcels adjacent to and in the vicinity of the improvements, improved traffic flow and circulation on the improved streets and greater vehicular and pedes- trian safety for the users of the adjoining and nearby properties. These findings are supported by the overwhelming public testimony in the record in favor of the proposed improvements, although the testimony contained disagreements as to particular assessment formulas. The Director of Public Works stated at the hearing that the written . . and oral testimony contained 15 parties supporting assessment formula _ three parties la, seven parties supporting assessment formula lb, 4 supporting assessment formula 2a and eight parties supporting assess- ment formula 2b. of the written and oral testimony submitted at the May 3, 1982 hearing, only three parties expressed disapproval of all of the assessment formulas. In general, we find that all properties within the district derive benefit from the improvements, despite the present use or zoning of a particular parcel. Recognizing that the city as a whole also benefits from improved streets and traffic circulation, the City will pay for 23% of the cost of the improvements, compared with a more typical participation amount for the City at 15%. We find the chosen assessment formula distributes the burden of the improve- ments most equitably among all property owners who will benefit from the improvements. _ CONCLUSION The record contains substantial evidence supporting the City Council's adoption of the final assessment formula for the S.W. 72nd Avenue LID No. 21. The Council 's adoption of the assessment formula strikes an equitable compromise among competing interests of affected property owners by distributing the assessment among three affected groups: (1) Those properties with frontage along the improvements; (2) Those properties specially benefited by specific improvements; and (3) The general benefit to all property owners in the district. As such, the assessment formula has a rational basis and is well •supported in fact and law. DE HAAS & ASSOCIATES, INC. i CONSULTING ENGINEERS&SURVEYORS JIT E: 445-AGC CENTER �VII.SONVIIA.E. OREGON 97070 `>4S0 S.w. COMMERCE CIRCLE (503) 682-2450 April 19, 1982 Mr. Frank Currie 12755 S.W. Ash Ave. P.O. Box 23397 Dear Frank: In accordance with April 12, 1982 instructions of the Tigard City Council , we have recalculated PRE-ASSESSMENTS for L.I .D. 21 - S.W. 72nd Avenue Area Street Improvements. For identification purposes, we have designated the assessment methods as la., lb. , 2a. , 2b. respectively. PRE-ASSESSMENT CALCULATIONS for all methods include $50,000 for •right-of- way costs. It is understood that any right-of-way costs exceeding $50,000 will be in addition to the PRE-ASSESSMENT totals and will be distributed on an area basis to the total assessable area as a + part of a SUPPLEMENTAL ASSESSMENT. Assessment method la. is the method recommended by the ENGINEER, except for the limitation in the total assessable amount, which amount was prescribed by Tigard City Council . Alternate methods lb., 2a., 2b. , are methods prescribed by the Tigard City Council at their meeting of April 12, 1982. Methods lb. and 2b. require $55,279.18 increased city participation. The assessment methods can be described as follows: Method la. 1. Total PRE-ASSESSMENT ($1 ,530,990.53) equals $1 ,500,000.00 plus $30,990.53 for Tech Center Drive. 2. Distribute equivalent cost of a 34 foot street to property within 200 feet of the street improvements ($1 ,157,026.64) . One-half of such costs ($578,513.32) are to be spread on a frontage basis and one-half ($578,513.32) are to be spread on an area basis. 3. Separate costs for construction of Tech Center Drive ($30,990.53) are assessed on an one-half area and one-half frontage basis to Ident. No. 12a per agreement. t Page2 Apil 19, 1982 (Method la. cont) 4. The remaining assessable costs ($3429973.36) are to be spread on an area basis over the entire assessable area of the district. ITEM COSTS Frontage $578,513.32 Area (within 200 feet) $578,513.32 Tech Center Drive $ 30,990.53 Area (total assessable) $342,973.36 TOTAL PRE-ASSESSMENT: $1 ,530,990.53 Method lb. 1. Total PRE-ASSESSMENT ($1 ,475,711 .35) egoals $1 ,500,000 less one-half of estimated sidewalk costs ($347773.56), less one-half of estimated street light costs ($20,505.62) , plus $30,990.53 for Tech Center Drive. 2. Distribute equivalent cost of a 34 foot street to property within 200 feet of the street improvements ($1 ,157,026.64) . One-half of such costs ($578,513.32) are to be spread on a frontage basis and one-half ($578,513:32) are to be spread on an area basis. 3. Distribute costs of the traffic signal at 72nd (southbound) and S.W. Upper Boones Ferry Road ($66,678.15) to Pacific Realty Trust property lying southerly of S.W. Upper Boones Ferry Road (See Exhibit "A") on an area basis. 4. Distribute estimated cost to the City ($20,000) for the spur-track railroad crossing protection facilities to Southern Pacific Company (Ident. No. 63) and Predelivery Service (Ident. No. 64) on an area basis (See Exhibit "B") . 5. Separate costs for construction of Tech Center Drive ($30,990.53) are assessed on a one-half frontage and one-half area basis to Ident. No. 12a per agreement. 6. . The remaining assessable costs ($201 ,016.03) are to be spread on an area basis over the entire assessable area of the district. +' Page 3 April 19, 1982 (Method lb. cont) ITEM COSTS I' Frontage $578,513.32 Area (within 200 feet) 578,513.32 Signal to Pac Trust 66,678.15 Spur 'Xing to SPTC & Predelivery 20,000.00 Tech Center Drive 30,990.53 Area (total assessable) 201 ,016.03 TOTAL PRE-ASSESSMENT: $1 ,475,711 .35 Method 2a. 1. Total PRE-ASSESSMENT ($1 ,530,990.53) equals $1 ,500,000 plus $30,990.53 for Tech Center Drive. 2. Separate costs for construction of Tech Center Drive ($30,990.53) are assessed on an area basis to Ia 3. Distribute $1 ,500,000 on an area basis over the entire assessable area of the district. ITEM COSTS Tech Center Drive $ 30,990.53 Area (total assessable) $1 ,500,000.00 TOTAL PRE-ASSESSMENT: $1 ,530,990.53 Method 2b. 1 . Total PRE-ASSESSMENT ($1 ,475,711 .35) equals $1 ,500,000 less one-half of estimated sidewalk costs ($34,773.56) , less one-half of estimated street light costs ($20,505.62) plus $30,990.53 for Tech Center Drive. 2. Distribute costs- of the traffic signal at 72nd (southbound) and S.W. Upper 800nes Ferry Road ($66,678.15) to Pacific Realty Trust property lying southerly of S.W. Upper 800nes Ferry Road (see Exhibit "A") on z s an area basis. 3. Distribute estimated cost to the City ($20,000) for the spur-track { railroad crossi i-g protection facilities to Southern Pacific Company ` (Ident. No. 63) and Predelivery Service (Ident. No. 64) on an area y basis (see Exhibit "B") . Page 4 April 19, 1932 (Method 2b. coni) 4. Separate costs for construction of Tech Center Drive ($30,990.53) are assessed on an area basis to Ident. No. 12a per agreement. 5. The remaining assessable costs ($1 ,358,042.67) are to be spread on an area basis over the entire assessable area of the district. ITEM COSTS Signal to Pac Trust $ 66,678.15 Spur Xing to SPC & Predelivery 20,000.00 Tech Center Drive 30,990.53 Area (total assessable) $1 ,358,042.67 TOTAL PRE-ASSESSMENT: $1 ,475,711 .35 A cost distribution comparison of the methods is as follows: COST DISTRIBUTION COMPARISON ITE14 ASSESSMENT METHOD Ia. lb. 2a. 2b. Frontage $578,513.32 $578,513.32 $ 0.00 $ 0.00 Area (w/i 200 ft) 578,513.32 578,513.32 0.00 0.00 Signal to Pac Trust 0.00 66,678.15 0.00 66,678.15 Spur Xing to SPC & Predelivery 0.00 20,000.00 0.00 20,000.00 Tech Center Drive 30,990.53 30,990.53 30,990.53 30,990.53 Area (total assessable) 342,973.36 201 ,016.03 1 ,500,000.00 1 ,358,042.67 TOTAL PRE-ASSESSMENT: $1 ,530,990.53 $1 ,475,711 .35 $1 ,530,990.53 $1 ,475,711 .35 Note: 1 . All methods are subject to increases for any right-of-way costs exceeding $50,000.00. 2. Methods lb. and 2b. require $55,279.18 increased city participation. Page 5 April 19, 1982 Attached is a schedule of assessments for each PRE-ASSESSMENT method. These schedules may be inserted into the previously provided PRE-ASSESSMENT roll to comprise a new PRE-ASSESSMENT roll . Also, attached is the revised PRE-ASSESSMENT map showing all four (4) methods. Sincerely, a MARLIN J E HAAS, P.E. MJU:tlj Attachments cc: 80.194.118 l i MW l 41 42 t { 60 !! 59 / 1 ! { 1 43 { 44 1 I r � 1 r r 6 58 57 { r i 114 i 48 4T 49 / � 'tet• �d• s b 1 0 56 A / 4Ny�4 ... ._......�- 116 52 n t � r 1� ~ 5JG I 1 'S 1 _ Plc 7'rvs t �rvPcr•y � 1 54 P tt tsstoc I toxo 22 23 1 wsat AV ►wacucTA • ( sa nna 73 u00 \ 24 ( c1AtiJ:A N►.00,cTs ss tsuoc I1 iiilocrs-arts 1, ° a 23 1. uta ` r1CA.tTN/EA �O T1 1T ?slim e 1000 W AT d to ISMA b 26 1102 A1N[AA TA1ms 0 to ISMA 113 406 NEW 7 2T® » tstt:A • --- ACA 29 =t `11iA - 1 t reu ENT DISTRICT 28 ° _= i1112A 113 ulAurtll slm UN p p�/ s f�IDHI� i ` , 6T 68 69 a "'IYA ` "Its it a1Yo�ttA 30 ,a - AIM MRS U At is tsstu CA 1 1 oomtTK 1 ! \ UWAY 11114 via 1 j 33 » MIM T 64 Ai it%"tAnn 3a p�pdP/•t.r-ry S�ry�.P i, is11:~ 1 j ` 35 o S"ILATCM j f• in Isom i"I [1tAAlto►Au 1 36 = It o1u tATtoo j 11 tTMA A =1111. j 313um SOK 1 itoe •„c[[srac j y n tsar& 1 37 3a f40 iu I.tIA.A11o,M 1 tt ISMA ism 1 wutMN,rKtfit Ireutlam it 1111HO 1 01-,usr(GUMIS[S%Mint' 1 u nnia 1 toe 1 WUI.K41 I'AMIC I.MIWU IS tsuzo• 1 loo 1 40 tslltd O� j TIAt1LE LANE ?00 . .X YOAS01 IAv/SIKAT 61 49 t111i0C 1 too 666 Ica Au►a[iflCFxh LAfSUTA 1 j 1• tT ► nl1r:c 1 100 ,auu1►"Mutts 41 42 ^ • isttmc. { � j toe 1 e .[.n.rAa.[nlcs j tr nttioc I.I .D. 21 - S.W_ 72nd Ave. Area Ident. PRE-ASSESSMENT METHODS (Per Council Instructions 4/12/82) + �. MO. la. lb. 2a. 2b. :z 3 s /S"e5 7/ ///� Z// U5 7S' 230 78 7z z .va 30 /a 9 129 �/ 17o f/.2�3 .3 j3 H y :£3© 36 0052 '-63 F/6 sP , -S/6'OH.2-V :4/,5 7 16e> q017 16l tiz yvo ..93 732 . 96 g 3 7 S2 36 so .0 3 3 t> 3 , 7 -6-0 3 6.3'0 =06 3a O 4/. 6'1 3 tiz .7,7 33 20 7 . y5 C'/ 'S/ z / .33 2 -167. 233 . 67 /O d. ,VS /yU _�= 35y2 .7Z 3Z07 ? 797 .7/ 2 ?6 .7c577-A.f,5 57 i ./26 d 7 /Z ./3 276 J6 Zz .67 /2/D� . 3"Z ev cs�:. 5=> Ar 53 115 14!,? / . 7 AT F57. z 0 7 y 7 . . .r /6 7o5s.GG G G y .=2 / ;� . 70 / 7 _ 76 1 -7 12,7,11- 71 /? 52cU .b6 2.3 ./ ca.;i! OB x/773 ...z/5 Z 7G% .7/ 676 .74 19 /O /l> .:E0 :Yl 2v. 2D 773.'25 _L .Z 31a3 . 9G 306 /. 9 / 36 4// .3 ! -q-A177 . 77 71 �V5 R= :9 3 // 56 5 :016 /U z U S_9`/ 92- -0 u 7 45 36 G 6 t3,Bz 33 1=>-5 26 7 3 0:5 36 7 07.4/ t 6 2 Z ep 5. i Z �7p /%z59 176 4o ' 32 77 .90 2 `26 7 :76 2 Z 6`ro 1,:501 627 106 1 67 1 /Zs :93 Da to: Pa a _ / L.I.O. 21 - S.W. 72nd Ave. Area Ident. PRE-ASSESSMENT METHODS (Per Council Instructions 4/12/82) No. la. 16. 2a. 2b. ?� 49:? ` 7/ r /90 Z j3v 96.5 .q/ .d le7 30 3/ 253:37 29 594ri c7/ 3 / 9 G 0/ 06 8 755 // 0,9 38 .76 d99/ . 76 6 792 : 76 2 /OZ .73 /-.903- .7 33 672! . 3/ 6Z413 4! 3 99,6 -O/ -3 G 17 .Sy -3-V .-e//' S90S" :92. .3 X33 :67 3,01A ./ 3$" 6rS3o . 30 6Z3/ .23 3 / 60. 9y 286/ . 79 36 ,2039/- 95 19660 .9Z 772-e/ -yO 69 '' .3 -37 8// - 79 Z16 •S/ .5'7 3 5' 3.S 'yl�-S7.H3 2.378 -O.5 /7 7 4`6'-Z-5' _ -R 7 =q /7 73;2.7 /7 /95 .31/ SG 78 .�'2 �U 7.=•/ 7 .99 2 3 .2V 2 > 3 ` -1/267 20 -9�O•?o /9 ,769 .9-3 -- 'y<'f� 2Z j 770./5 // 732. 78 /G i y Z!�?S9. 7 9 7 9 76 .0 3 •s'G�5.5�.58 70 9,-1171 -09 -el 70 .38Ir . 4 C7 52 -8.3 513 .-/,b /,s'•vs/ .86 .j/ ♦7.�9 .� •5/6:/ /�'-- -�8 3 5 3 3 0 9 2 7 . 3-2 y7 1/>cr9 3 7/ 7/ -51 F3 �? go y 7,9.5-.!6 7 9 :6 7.53 3 / 5R7 67 �O S9 J225D3 :59 37.3-7 .fh2 p ./Y 5/ 27076 / 9 26 3 :7 r 52p, 33 y0,2. 69 A10 u t Oa td. pas'. 2 L.I.O. 21 - S.W. 72nd Ave. Area Ident. PRE-ASSESSMENT METHODS (Per Council Instructions 4/12/82) NO. la. lb. 2a. 2b. 7/ A/9Q 31 _/ 9 �3o GSo .32 52 2S 236.35 7 5'96 1--/9 53 ioz;-yz8 9 9 9/ 763 J 69 . /.9 33� i52j' jy / 103.23 :89 Z /33. 88 193/ :93 6.41 y3,et/7 9E3 / 323 io / 2 67/ 3j"17 /z 5/ o j/O :2 73/ oZz .89 3 7 7o y.05/ 5 3Q '0 99.to-5' S21329 . // /©.3s"/,69 /2 .Se-el .941 56 A 3 /3 .26 6,822 .37 ?.6,ee57.G0 3/ o3G.03 ,Z3 998 196 2 9 /GJ .3.3 __56 CV 2,26 7.e_4 7 241 4186 .0 2 7450.2 7 566.6 2 36 5'41 . 7•x/ -.5/7 .68 /�,3s27 06 7:� 36-6-2 ./g Z23"•y3 7 '//ff +C5 f // lJ/ .y ZJ, Z 9$ . Z er . 72 ? 7Z c 3 62 !A; .341 Z //3 .:;i3 7 - 5 7,9 .96 S7 �7 //sz •66 / 7,78 7 .zs --12 78 -8 2G G/ .83 / 34903.22-T iU/G7.79 9.2415 .5 3 GO 2 s=3/ .7U J 3"7 ..3o 19 .1? 79.D�' 9o" N . � e1,7191 .'7- 1 /o6c75 --6 /o 7, -, 03 .67 .SS33�/':fi2 35" 73f3 :56 Sad 3.32 9S 7.2 7 .ZG 6S 11 -39 .'S2 /o Gy6 90 7 / -99 7 /90 .37 G- 6 /8 y✓ 7 .:22 72S6 . /6 /7 .ZG . y/ 1-97 . 35 67 S.S 53 4197 iv7 w 9 1 . 73 /8 b�/3 .off GSA 41/9 166 3 40 z 3S./3 86 13/ 7 i .Y8 772 f"/ 7 5T G2 .o/ S'2 / :7a 69 36/8 26 2,120 166 ♦S �la to 2 i 3 L.I .D. 21 - S.W. 72nd Ave. Area Ident. PRE-ASSESSMENT METHODS (Per Council Instructions 4/12/82) ( Ne. la. lb. 2a. 2b. 7 7 -SZ 95-s� 13 -¢22 Gym 9Sy .50 76b /.57,5--.2y 92 3 !2y X 0£39 . 33 6237 -3-5/ 70� . y2 OC/ •'23 �4 7P r ! 68 /3 .66 9 • 3y !2 536 _77 7Od 1.231 • 5� 7z / ±80 s 06 . /7 -Si976 •o 7 2M-0 6 / .t 72. /7 y_ ZS' > / -89 72cr Z Oho . 77 1 .9 ; 0 9 03" / ! 201 •-% 72h 407 D 39, 7� y6676 _86 -V2yO •52 73 773 y3 2 7q 7. 71 2D 7 -7 .O 7yQ / 65 y7 JB J 71 ..0 2- / -s/ 7 .7�5 71b22 . !/ 7 .99 .12Z . S0 8263 •69 75 33 7/ .33 .3.//O 27 7e5 -3 6��.Z / 7� 2 9S. 79 ! 6 • ♦ �. 6 94 .-S/ 7-1 79 A�'y..6 x"5'9 7 . r .G3 _Q1v 6g�-8� 7 . � -' Gd-V - a.6 . 3 9 G 6 cJ.2cs 6 , 7v� � D _98 " 7 .5 / 2 2-0 �Z leQ Jo 797 .9/ �'U ' 29zf3.� 26�/. 3 94 3S3 i2 3 O 7 �O 3 10,6 Ct .33 6237 a? - -2-2217 - 6?Z } 93 6 a 9 Z 2 96 _ y-3 Z O 79 9 y 63 Zo 68 g !3 16 3� y 3 Je5 3 Date: Pr L.I.D. 21 - S.W: 72nd Ave. Area Iden t. PRE-ASSESSMENT METHODS (Per Council Instructions 4/12/82) No. la. lb. 2a. 2b. 4 6 'U r'2.3' .ter 2 6 8 �5' � 2!>o -s' ♦•U 97 525. 08 0 7 . 73- 22 rya 20 9 9e 3:3 0 JIB 2 95y 69 559 • -6# ✓ �Z S _v8 30 7_'7-6- 4"3 9 5'-y39 / 7 7.',39 :7a ♦ 3 _ /03 -`/39• / 7 X57. 39 65/ 3 7-41 .8 2 7 9 7 . / 2 7 .9-3 • J 7I /o q 6 it-66 ,� 85./�/ / 8£3 7 . b'7 520 . 3 4W-e . 70 zG2. 9 1,96Z ,y© 59 7 9 282 ,3- / 7 .5 G 6 r D GDy . 9,9 9-/' r/� 6 4 r8� 206 3 .62 i if i TZi otal /530, 490 53 / 6/767 7// 13.5 1,530 99U 53 1 ,q7-51 71/ 1-35- Oa te: 35OatE: •y//6 _"2 Pa cc CITY OF TIGARD, OREGON ORDINANCE NO. 82-t�� AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTIONS OF TIiF CITY COUNCIL OF JANUARY 12, 1981 AND MARCH 8, 1982, WITH RESPECT TO S. W. 72ND AVENUE AREA STREET IMPROVEMENT DISTRICT; APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF STREET IMPROVEMENTS; DECLARING RESULTS OF HEARINGS HELD WITH RESPECT THERETO; PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS; ANIS DECLARING AN EMERGENCY. WHEREAS, a resolution was duly passed by the City Council of the City of Tigard at its regular meeting of March 8 , 1982, a copy whereof is hereto 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 specifically benefitted; and WHEREAS, the City Council has previously declared its intention to make these improvements by Resolution No. 81 -2, and - i WHEREAS, by the terms of said Resolution No. 81-2 hearings were duly called to be held in Fowler Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon, on February 9, 1981 , at the hour of: 8:00 p.m. for the purpose of affording an opportunity to any parties aggrieved by the proposal to make objections or remonstrances to the proposed improvements; and on March 23, 1981 , at the hour. of: 8: 00 p.m. for the purpose of hearing new evidence; and on June 1 , 1981, at the hour of 8:00 p.m. for the purposes of hearing additional evidence and determining the scope of the project; and WHEREAS, pursuant to said Resolution No. 81-2, due and legal notices of said hearings were given by publication in the ' Ti.gard Times for consecutive publishings on January 23. and January 28 , March 11 and March 18, and May 21 and May 28 , 1981 , prior to said hearings; and WHEREAS, said hearings were duly and regularly called to order and held in Fowler Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon, on February 9, March 23 and June 1, 1981 , at the hour of 8:00 p.m. ; and WHEREAS, by the terms .of said Resolution leo. 81-2 and publication, written objections or remonstrances from the owners of: now less than r of the property within the boundaries of said area were 1....-invited, and all objections and remonstrances as thus Presented prior to and at the hearing represent the owners of leas 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. 82- r I Pa e 1 of 4 WHEREAS, the City Council adopted Ordinance No_ 81-45 ordering the improvements and calling for bids, and amending Resolution No. 81-2 to establish a limit on the amount of the improvements assessabc, and providing alternatives for construction of the improvements; and WHEREAS, the City Council adopted Ordinance No. 81-82 amending Ordinance No. 81-45 and setting the improved street width; and WHEREAS, the City Council has indicated by motion that it finds Alternative A of Ordinance No. 81-45, as amended by Ordinance No. 81-82, necessary for proper improvement of the street; and WHEREAS, Western International Properties wants the improvement extended to include Western International Properties Oregon Tech Center, the total cost of which extension will be assessed to Western International Properties Oregon Tech Center; and WHEREAS, the City has received favorable bids for the construc- tion of the proposed improvements, as amended; and WHEREAS, by the terms of Resolution No. 82-22 a hearing was duly called to be held in Fowler Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon, on March 29, 1982, at the hour of 8:00 p.m. for the purpose of affording an opportunity to any parties aggrieved by the amended proposal for the construction of 72nd Avenue Area street improvements, including the Western International Properties Oregon Tech Center, to make objections or remonstrances to the proposed amendments; and WHEREAS, pursuant to said resolution, due and legal notices of said hearings were given by publication in the Tigard Times for consecutive publishings on March 18 and March 25, 1982, prior to said hearing; and WHEREAS: said hearing was duly and regularly called to order and held in Fowler Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon, on March 29, 1982 at the hour of 8:00 p.m. ; and WHEREAS, by the terms of Resolution No. 82-22 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 WHEREAS, the plans and specification were on file with the City Clerk as required by Tigard Municipal Code 13-04 . 030; and WHEREAS, all proceedings to date have been in conformity with 223. 387 and 223. 389 Oregon Revised Statutes and Tigard Municipal Code r - Title 13, of the City of Tigard, and all procedures were regularly and lawfully conducted; ORDINANCE NO. 82- 1.1 I' gc_: 2,_ of. .4 _.:.. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That all matters set forth in Resolution No. 81-2 of the City Council of the City of Tigard, Oregon, on January 12, 1981, as amended by Ordinance Nos. 81-45 and 81-82, and all matters set forth in Resolution No. 82-22 of the City Council of the City of Tigard, Oregon on March 8, 1982, copies whereof are hereto attached marked Exhibit 111" 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, and the boundaries of the area known as S. W. 72nd Avenue Area Street Improvement District as heretofore described in Resolution 82-22, be, and the same are, hereby declared and fixed in accordance with said descriptions. Section 2: That improvements to the basic city standard 40 foot width curb to curb be made as follows: a. S.W. 72nd Avenue from the south city limit line northerly along S.W. 72nd Avenue to S.W. Upper Boones Ferry Road. b. S.W. 72nd Avenue from S.W. Upper Boones Ferry Road (Carmen Drive) northerly along S.W. 72nd Avenue to just north of the S.W. Varnes Road running east of S.W. 72nd Avenue. ` C. S.W. Upper Boones Ferry Road, from a point just south of S.W. Durham Road, northerly along S.W. Upper Boones Ferry Road to that portion already improved by the Oregon State Highway Division (Carmen Drive) . d. S.W. Bonita Road matching the existing improvements at I-5 and continuing westerly through the S.W. 72nd Avenue intersection. That improvements to the basic city standard 34 foot width curb to curb be made as follows: a. S.W. Tech Center Drive from S.W. 72nd Avenue westerly to the existing improvement. Section 3: Property owner participation shall be limited, exclusive of right-o£-way costs exceeding $50,000, to $1, 3 *to $1.5 million, except that Western International Properties shall be assessed an additional. $33,955 for improvements adjacent to their property. Section 4: That the City Council of the City of '2'igard, having acquired jurisdiction to order the improvements to be made, does hereby authorize and direct the construction of street improvements within the boundaries of the S.W. 72nd Avenue Area Street Improvement District in conformity in all reasonable particulars with the plans and specifications by Resolution No. 81-2, as amended, and Resolution No. 82-22 -adopted and hereby ratified and confirmed. ORDINiANCE NO. 82- 13 page 3 of 4 Section 5: That all lands situated within the boundaries described on EXHIBIT "A" of heretofore described ordinances and resolutions are determined and declared to be a street improvement C, assessment district 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 the project is $2,050,455, and that the assessable cost, not to exceed $1,533,955, exclusive of right-of-way costs exceeding $50,000, shall be assessed in full, according to benefit, against all lands within said improvement district. Section 6: The Tigard City Council finds that the S.W. 72nd Avenue Area Local Improvement District 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 7: General obligation improvement warrants for the S.W. 72nd Avenue Area Local Improvement District are hereby authorized to be issued in the aggregate amount of $2,000,000. The warrants shall bear interest: at the lowest rate that the City can borrow on the date of issuance and shall constitute a general obli- gation of the City of Tigard that shall mature on or before two Years after the date of issue, but riot later than June 1, 1984. Warrants shall be retired as funds are received in accordance with ORS 287.506. • Section 8: The Mayor and City Recorder are hereby authorized to execute the described warrants on behalf of the City of Tigard. Section 9: 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 the Council, by_Uaffaj r,-,nests vote of all Council members present, after being read two times by number and title only, this 29th day of March, 1982 . 8rt-t/J Record- APPROVED: By the Mayor, this day of l,�Al`cdt 1982. C Mayor ORDINANCE NO. 82- 1-1 - Page 4 of 4 CITY OF TIGARD, OREGON ORDINANCE NO. 82- 5.2 ` AN ORDINANCE DETERMINING THE DEFICIT ASSESSMENT COST OF STREET IMPROVEMENTS IN THE SOUTHWEST 72ND AVENUE AREA LOCAL IMPROVEMENT DISTRICT (LID #21), RATIFYING AND ADOPTING THE APPORTIONMENT AND DEFICIT ASSESSMENT OF THE COST TO RESPECTIVE PARCELS OF LAND WITHIN THE DISTRICT, SPREADING THE DEFICIT ASSESSMENT AND DIRECTING THE ENTRY OF ASSESSMENTS IN THE LIEN DOCKET AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. The Council finds that by Ordinance No. 82-13 adopted on March 29, 1982 , the Council authorized and directed that the street improvements within the boundaries of the SW 72nd Avenue Area Street Local Improvement District (LID #21), as bounded and described in Resolution' 82-22, be undertaken by contract, and that that work has now been completed. Section 2. The Council finds that the total deficit assessable costs of the improvements within' the boundaries of the Improvement District is the sum of $505,377.50, and the Council further finds that all lots, parcels or parts of lots within the boundaries of the District as defined in Resolution 82-22 are specially benefited and together shall bear equitable shares of the cost of the improvement. Section 3. The Council further finds that the apportionment of the cost of the improvement upon each lot, part of lot or parcel, as prepared by the City, and as set forth in the attached schedule, entitled 'SW 72nd Avenue Area Street Local Improvement District, #21," which by reference is made a part of this ordinance, is according to the special and peculiar benefits accruing to each from the improvement. Section 4. The Council further finds that the City. Recorder of the City of Tigard has mailed or caused to be personally delivered to the owner of each lot or tract proposed to be assessed a notice of deficit assessment, which notice stated the amount of the deficit assessment proposed on that property and also stated a date by which time objections should be filed with the City Recorder. . Section 5. The Council finds that at its speical meeting of August 16, 1982 the City's final estimates of deficit assessments and all objections filed with the City Recorder were duly considered, and the City Council at that time determined the deficit assessment to be properly apportioned according to the special and peculiar benefits accruing to each parcel, part of lot, or lot within the Improvement District. Each lot, parcel, or part of lot as designated in the attached apportionment schedule is hereby assessed and charged with the total sum shown on the lien opposite, and the deficit assessment shall constitute a lien against each. of the said properties from and after the passage of this ordinance and entry in the City lien record as (+ - hereinafter provided. ORDINANCE No. 82-,-).� Section 6. The City Recorder is hereby directed to enter each of the lots, part of lots, or parcels and the amount of deficit assessment against each, as shown by the attached schedule, in the lien docket of the City separate from other prior or subsequent assessments, and the same shall constitute a lien against each respective lot, part of lot or parcel, and bear interest not to exceed the rate prescribed by lav for bond issues. [ORS 288.520 (2)J Section 7. That inasmuch as it is necessary for the peace, health, and safety of the people of the City of Tigard that the affected property owners be notified of the assessment herein 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 . M.4i e.44 vote of all Council members present, after being read tw td imes by number and title only this /y'r' day of „ 4 , 1982. City Recorder SIGNED BY THE MAYOR THIS DAY OF s t 1982. T Mayor �— ORDINANCE No. 82- S �� (File 0242A) CITY OF TIGARD i' .� DEPARTMENT OF PUBLIC WORKS FINAL REPORT FOR RIGHT-OF-WAY ACQUISITION (DEFICIT ASSESSMENT) 72ND AVENUE L.I.D. Payments for right-of-way $429,554.50 Title Report Costs 2600.00 Appraiser Costs 21,861.00 Right-of-way agent costs 10,525.00 Engineering Costs 40,300.00 Interest on Warrants 14,200.00 Legal 22,500.00 Finance 1/2 of 1% 2,525.00 Clerical 1/4 of 1% 1,212.00 Administration 1/2 of 1% 2,525.00 Closing Costs 1 1/2% 7,575.00 TOTAL COST $555,377.50 Less $50,000.00 right-of-way acquisition cost already in assessment cap. (50,000.00) 505,377.50 T 72ND AVENUE AREA LOCAL IMPROVEMENT DISTRICT 021 ASSESSMENT ROLL Florence Archer TM 2S1-IDB TL 701 �. 7275 SW Varns Tigard, Oregon 97223 TM 2S1-lDB TL 710 3 33 .o5G 2. Richard S Molly Gorger 13235 SW 72nd Avenue Tigard, Oregon 97223 TM 251-IDB TL 800 3a gXWK Helen M. Metzger Route R - Box 267C Sherwood, Oregon 97140 TM 2S1-IDB TL 801 gb David Metzger b Marlene Stewart 13265 SW 72nd Tigard, Oregon 97223 Linda A. Patrick 4625 SE Aldercrest Road Milwaukie, Oregon 97222 4. Raymond B. 6 Phyllis G. Ems TM 2S1-lDC TL 3600 13400 SW 76th Tigard, Oregon 97223 Gus & Loraine Greco TM 2S1-lDC TL 100 _ 13425 SW 72nd Avenue Tigard, Oregon 97223 6. William G. S Margaret Dickoff TM 2SI-IDC TL 200 s-i ?S•S�f- 13455 SW 72nd Avenue Tigard, Oregon 97223 . TM 2S1-1DC TL 300 7, Paul 6 Lenore Warner 10300 SW Century Oak Drive Tigard, Oregon 97223 TM 251-IDC TL 400 8, Anthony S Karalee Maksym 13565 SW 72nd Tigard, Oregon 97223 9, ' Robert R. Gage TM 2S1-lDC TL 500 2 O b I 13615 SW 72nd Tigard, Oregon 97223 10. Andree Suprine TM 2S1-IDC TL 600 8350 NE Tillamook Portland, Oregon 97220 TM 2S1-IDC TL4500 U37 , el-.5 11. K. & L. Investments P.O. Box 3896 Seattle, Wash. 98124 Charles K. Anderson Leslie 11. Ross, Jr. Ago 12a ILC, INC. , J.B. Newman TM 2SI-IDC TL 4600 7 . O 1805 NW Glisan Portland, Oregon 97209 ... J ss D. 4 Oregon�S ate University Foundation c/o Richar nady 900 SW Fifth-'Ave ee Portland, Oregon 972Q4 t _ `Ron-a•1 Nordeen, Exec. Dir. St. Vince edi.cal Foundation 9205 SW Barnes odd Portland, Oregon 9225 12b ILC, INC., J.B. Newman TM 2S1-lDC TL 4700 1805 NW Glisan Portland, Oregon 97209 eJames D. D Orego tate University Foundation c/o Richar nady 900 SW Fifth Ave Portland, Oregon 97 TtonaldNordeen, Exec. Dir. St. Vincent Medical Foundation 9205 SW Barn-6s-Road r Portland, Oregon 9J2,255 13.. Siemens-Allis, Inc. TM 2SI-lDC TL 4000 Circle AW Products Co. P.O. Box 23455 Tigard, Oregon 97223 14. Siemens-Allis, Inc. TM 2SI-IDC TL 1100 =1 / Circle AW Products Co. P.O. Box 23455 Tigard, Oregon 97223 15. _ Siemens-Allis, Inc. TM 2S1-1DC TL 1000 Circle AW Products Co. Attn: H. A. Anderson, etal 3427-NE-Hakse-y ?0-4 ;-:5 5=� Port -and, Oregon 9744- 3 T�Gi��il 16. Lillian Hickethier TM 2SI-1DC TL 900 D 9. ? 12207 NW Cornell Road Portland, Oregon 97229 17. David L. & Beverly A. Hurt TM 2SI-IDD TL 1000 2-7?zt-, / 10645 SW Fairhaven Street Tigard, Oregon 97223 '.b Northern Yards TM 2S1-12A TL 602 Waldo Stransky, Chairman of Board Doug Rosenberg, President Jim Allyn, Secretary Larkin Kaliher, Treasurer P.O. Box #23368. Tigard, Oregon 97223 i 19, Prentiss & Nancy Hicks TM 251-12A TL 605 17535 SW Riegert Road Beaverton, Oregon 97005 tTM 251-12A TL 606 . Mfjory E. Marne 2917 SW Westview Circle Lake Oswego, Oregon 97034 U Ch€aiicaj M?rp. TM2S1-12A TL 600 L I9- 7330 21. T Die Cas ing 9 7330 SW Landmark Lane Portland, , Oregon 97223 Philip B. Feldman, President _ 22. Richard L. & Bette Lee Pike TM 251-12A TL 604 qd 8. �y 2234 SW Fernwood Circle Lake Oswego, Oregon 97034 TM 251-12A TL 601 3 '71. 7 - 23. Margaret B. Weiss - 7900 Callaghan Road #300 San Antonio, Texas 78229 24, Fought Co., Inc. TM 251-12A TL 401 2 C-501 ! 3 P.O. Box #23759 Tigard, Oregon 97223 25. Joseph M. Fought, etal TM 2S1-12A TL 402 P.O. Box #23759 ( Tigard, Oregon 97223 Fought & CO., Inc. TM 2S1-12A TL 502 7 P.O. Box #23759 Tigard, Oregon 97223 27a Richard G. & Bette Lee Pike TM 251-12A TL 400 3/`1 7. 7 P.O. Box #23187 Portland, Oregon 97223 27b Richard G. & Bette Lee Pike TM 2SI-12A TL 403 2234 SW Fernwood Circle Lake Oswego, Oregon 97034 28 National Safety Co. TM 2SI-12A TL 1900 6 Route 1 - Box 575M Beaverton, Oregon 97005 John Skourtes 28 William Flett 17655 Lomman Road Nehalem, Oregon 97135 29 Louis & Phyllis Whitlatch TM 251-12A TL 2000 2 -'' :3 2340 Park Road Lake Oswego, Oregon 97034 Charter Page, Inc. TM 251-12A TL 1902 �a5'A ' 7� P.O. Box 17'1258 Englewood, CO 80150 Attn. Comptroller ••31. . 'Thomas M. & Riley R. Taylor TM 251-12A TL 2101 3 1 3 X c/o Ace Electric P.O. Box x-319 X-67-1 Tigard, Oregon 97223 32. Allen P. Crombie & TM 251-12A TL 2100 16 /8• /4— Gene Garoutte 14835 SW 72n4 Avenue Tigard, Oregon 97223 33. Otto Sorg T'• 251-12A TL 2200 f R S3• �.2 Roger P. Sorg 8000 SW Pfaffle Street Tigard, Oregon 97223 ' 34. A.H.Buck Estate TM 251-12A TL 2300 1046 SW King Avenue Portland, Oregon 97205 35. tel Chemical Distributing TM 251-12A TL 2400 �� �1/ • 9 P.Q. Box #23114 Tigard, Oregon 97223 36. So. Pacific Industrial Dev. C, .G'M 251-12A TL 2500 . S�- 304 Union Station Portland, Oregon 97209 37. Karl E. Neupert TM 251-12DB TL 400 7�5 3 • /3 John F. Neupert Peter M. Neupert 1740 SW Hawthorne Tr. Portland, Oregon 97201 38. So. Pacific Industrial Dev. Co. TM2S1-12DB TL 300 3 3 i• �3 c 304 Union Station Portland, Oregon 97209 39. Simmons Company TM 251-12DB TL 100 �/5�• (, E 1700 Fairway Drive San Leandro, CA 94577 SEE NEW ADDRESS! ! 40. Halvorson Investment Co. TM 251-12DB TL 200 P.O. Box 111449 Portland, Oregon 97207 41. So. Pacific Industrial Dev. Co.TM 251-12DC TL 200 C, /C/ 3• � 304 Union Station Portland, Oregon 97209 .42a. Wenj im Properties TM 251-12DC TL 100 G G• /� 15605 SW 72nd Avenue Tigard, Oregon 97223 a . i b.' Wenj im Properties TM 251-12DC TL 300 -z- 15605 SW 72nd AVenue Tigard, Oregon 97223 43. Andre & Linda Nadeau TM 2S1-12DC TL 400 13 G S. (3 15785 SW 72nd Avenue Til;ard Oregon 97223 Ir s 44. 'Lynn B. & Monica McDonald TM 251-12DC TL 500 0214-V-. -T 8340 SW Ross Tigard, Oregon 97223 Donald 6 Rosalyn Peterson TM 251-12DC TL 600 2.4'2-7•Se 10240 SW Hawthorne Ln. Portland, Oregon 97225 46a. George H. Killian TM 251-12DC TL 700 2-16. 0:7- 4724 24724 Sid Macadam Blvd. Portland, Oregon 97201 46b. George H. Killian TM 251-12DC TL 800 b 6 �'O 6 4724 SW Macadam Blvd. Portland, Oregon 97201 46c. George H. Killian TM 251-12DC TL 900 5 4724 SW Macadam Blvd. Portland, Oregon 97201 46d. George H. Killian TM 251-12DC TL 1000 4724 SW Macadam Blvd. Portland, Oregon 97201 47.. Watt Petroleum Supply, Inc. TM 251-12D TL 2102 16 IL �•-- P.O. Box 0272 Newberg, Oregon 97132 John J. Tennant, Jr. TM 251-12D TL 1900 " r� 16075 SW Upper Boones Ferry Road +' . Tigard, Oregon 97223 49a. Howard & Marilyn Boyte TM 2S1-12D TL 1901 11560 SW Fonner Tigard, Oregon 97223 49b. Howard 4 Marilyn Boyte TM 251-12D TL 1902 11 54,E G 11560 SW Fonner Tigard, Oregon 97223 50. James Fenwick TM 251-13A TL 1301 (� Lam • 7 056 Oswego Summit Lake Oswego, Oregon 97034 Patricia Fenwick Barrington TTS 251-13A Tl, 1301 3446 Blaine Street Seattle, Washington 98119 51. Marjoria B. Fenwick TM 251-13A TL 1200 Ambabsador Apartments 0701 1209 SW Sixth Avenue Portland, Oregon 97204 52a. Pacific Realty Trust TM 2Si-13A TL 1101 Attn: Tom Wiitala 1220 SW Morrison 1,3@9 Portland, Oregon 97205 c 52b. Pacific Realty Trust TM 251-13A TL 1103 ��� D�j�, �Zk 1220 SW Morrison #365 `►'a Portland, Oregon 97205 Attn: Tom Wiitala 52c- Pacific Realty Trust TM 251-13A TL 1102 Attn: Tom Wiitala 1220 SW Morrison - #900 Portland, Oregon 97205 53a. Washington County TM 251-13A TL 2100 c/o Larry Rice, Public Works Director 150 N. First Street Hillsboro, Oregon 97123 I-Ma ' RICE 53b Gary-F—Krahmet;U-.Sr. . TM 251-13A TL 1100 �O.'• �/ 150 N. First • Hillsboro, Oregon 97123 f 54 Bingham Investment Co. TM 251-13A TL 2101 /2 I 3838 NW St. Helens Road Portland, Oregon 97210 55. Pacific Realty Trust TM 251-13A TL 100 Attn: Tom Wiitala 1220 SW Morrison #900 Portland, Oregon 97205 Pacific Realty Trust TM 251-13A TL 103 Attn: Tom Wiitala 1220 SW Morrison #900 Portland, ORegon 97205 56b Pacific Realty Trust TM 251-13A TL 104 ��• s Attn: Tom Wiitala 1220 SW Morrison #900 r Portland, Oregon 97205 t 56c. Pacific Realty Trust TM 251-13A TL 105 ?4133 - 37 Attn: Tom Wiitala 1220 SW Morrison #900 Portland, Oregon 97205 s` t Empire Pacific Industries TM 251-13A TL 105 _ P.O. Box 23577 t Portland, Oregon 97233 F 56d. Pacific Realty Trust TM 251-13A TL 106 ,5.3,3 7, d p Att.. Tom Wiitala 1220 SW Morrison #900 Portland, Oregon 97205 56 Pacific Realty Trust TM 251-13A TL 107 / 7 7,2 , Attn: Tom Wiitala 1220 SW Morrison #900 Portland, Oregon 97205 56 E. Pacific Realty 'Trust TM 251-13A TL 108 / S` o Attn: Tom Wiitala 1220 ;SW Morrison 9900 56g. ••Pacific Realty Trust TM 251-13A TL 109 3 a o� 9. 96 Attn: Tom Wiitala 1220 SW Morrison 0900 `f Portland, Oregon 97205 / 56h Pacific Realty Trust TM 251-13A TL 110 a 93• �� Attn. Tom Wiitala 1220 SW Morrison 0900 Portland, Oregon 97205 56i. Pacific Realty Trust TM 251-13A TL 111 o3• 1.s Attn: Tom Wiitala 1220 SW Morrison #900 Portland, Oregon 97205 56j- Pacific Realty Trust TM-2S1-13A TL 112 00 7• D O Attn: Tom Wiitala 1220 SW Morrison - 0900 Portland, Oregon 97205 Q 56k Pacific Realty Trust TM 251-13A TL 113 7 020• Attn: Tom Wiitala 1220 SW Morrison 0900 Portland, Oregon 97205 oCq D L' 57. Subotnick Leonard 6 Ruth TM 251-� TL 1802 16(03. 7 Y Lottie Siegel c/o Pacific Realty Trust 1220 SW Morrison 0900 Portland, Oregon 97205 58 F. H. Tower TM 251-12D TL 1800 3 q. �� 635 E. Burnside Portland, Oregon 97214 59. Sharp Associates, Inc. TH 251-12D TL 1200 76 q?, 0q 12745 SW Beaverdam Road P.O. Box 276 Beaverton, Oregon 97005 p.q 60.• So. Pacific Industrial Dev. Co.TM 251-12D TL 1300 9c��• O 304 Union Station Portland,Oregon 97209 61. So. Pacific Industrial Dev. Co. TM 251-12D TL 1100 75-S40. 03 304 Union Station Portland, Oregon 97209 63. So. Pacific Industrial Dev. Co. TM 2S1-12D TL 100 CPS y . 15�L 304 Union Station Portland, Oregon 97209 64. Dale Montgomery, Gen. Mgr. TM 251-12A TL 3800 J1 (o 7,5 Sy PreDelivery Service -' 14880 SW 72nd Avenue Tigard, Oregon 97223 a 65. Charter Page, Inc. TM 2S1-12A TL 2700 .331Sn. P.O. Box 111258 Englewood, CO 80150 66.` SAMACK, Inc. TM 2S1-12A TL 2802 Sa 7 7.,5-,5- 14750 •SS14750 SW 72nd Avenue Portland, Oregon 97223 67. Mrs. Susan V. Rogers TM 2S1-12A TL 2800 13 qs'?• 3's- '2851 S'2851 NW Cumberland Portland, Oregon 9/210 68a. John 6 Marietta Smets TM 2S1-12A TL 2902 ©S`. 6830 SW Bonita Road Tigard, ; Oregon 97223 68b. John 6 Marietta D. Smets TM 2S1-12A TL 3000 41 3 tl 6830 SW Bonita Road Tigard, Oregon 97223 69. Gevurtz Furniture Co. TM 2S1-12A TL 3100 3 HUXAULHIM g�xxixuatxxAx�asxxxAyAsa,X 6600 SW Bonita Road Tigard, Oregon 97223 r Ted Nelson Company TM 2S1-12A TL 200 3. S..a t P.O. Box #23398 Portland,Oregon 97223 70b. Ted Nelson Company TM 2S1-12A TL 201 /3 3� • 3 P.O. Box #23398 - Portland,Oregon 97223 70c. Ted Nelson Company TM 2S1-12A TL 301 �✓ C7 .� P.O. Box #23398 Portland,Oregon 97223 70d. Ted Nelson Company TM 2S1-12A TL 3900 10411. 6 6 P.O. Box #23398 Portland, Oregon 97223 71. �yaa . A. 'f. & Doris Nelson TM 2S1-12A TL 100 P.O. Box #23398 Portland, Oregon 97223 72a. Williams Air Control TM 2S1-12A TL 102 S S� Div. of Weatherhead Co. 14100 SW 72nd Avenue Tigard, Oregon 97223 7 h. Williams Air Control TM 2S1-12A TL 10?, Asa7f`.G- Division of Weatherhead Co. 14100 SW 72nd Avenue Tigard; Oregon 97223 73. Gerber Legendary Blades TM 2S1-12A TL 101 yQ 3 2, 14200 SW 72nd Avenue -Ti-gat-d-, Oregon 97223 r' 74a. First State Bank of Oregon TM 2S1-1DC TL 4100 Y9 17. 3 ,5- 10888 S10888 SE Main C-� Milwaukie, Oregon 97222 74b. First State Bank of Oregon TM 2S1-1DD TL 700 s y9a.3�1 10888 SE Main Milwaukie, Oregon 97222 75 Joseph M. Fought TM 2Si-1DD TL 900 cl'S T. 6 W. Equipment Co. 5000 SE 25th ' Portland, Oregon 97202 76. Georgia. Pacific Corp. TM 2SI-1DD TL 800 731-3- 407 . 900 SW Fifth Avenue Portland, Oregon 97204 77. First State Bank of Oregon TM 2S1-lDC TL 3900 del Y 1/O. 6"6 10888 SE Main Milwaukie, Oregon 97222 78. R.F.D. Publications, Inc. TM 2S1-IDD TL 701 / g 7. ;L3 6960 SW Sandburg Street Tigard, Oregon 97223 79. Ralph Leber Company TM 2S1-lDD TL 702 3o 7• y 9 6900 SW Sandburg Road Tigard, Oregon 97223 $0. Investors Ins. Corp. TM 2S1-lDD TL 600 .3 P.O. Box 023035 Portland, Oregon 97223 81. Assoc. Computer Service TM 2S1-1DC TL 3800 U• 3 P. 0. Box 023097 Portland, Oregon 97223 82. First State Bank of Oregon TM 2S1-iDC TL 3801 QJ7. 7 f P.O. Box 022085 Milwaukie, Oregon .97222 83. B. L. Investments, Inc. TM 2S1-IDD TL 300 f S;2 9525 Commerce Circle Wilsonville, Oregon 97070 84. Byers Photo Equipment Co. TM 2S1-IDD TL 401 It 6955 SW Sandburg Street Portland, Oregon 97223 85. Timber Operations Council TM 2SI-IDD TL 400 6825 SW Sandburg Street Tigard, Oregon 97223 ;o The Tigard Mirisch Co. TM 2S1-lDD TL 500 /5 � • 3 _ Jeffrey H. Tamkin, Inc 10960 SW Wilshire Blvd. Los Angeles, CA 90024 87. CCI Real Estate Equity Fund TM 2S1-1DC TL 3702 /7 . / y c/o Jim Crumpacker 2300 SW First Avenue Portland, Oregon 97204 88. ' Trademark Homes, Inc. TM 2S1-lDC TL 3701 ;7-4 7185 SW Sandburg Street Tigard, Oregon 97223 89. c/o Fewel-Comer Co., Inc. TM 2S1-lDC TL 3700 LO 7095 SW Sandburg Road - Tigard, Oregon 97223 90. Ace Electric Co. TM 2S1-lDD TL 1100 2 7 7 14795 SW 72nd Avenue Tigard, Oregon 97223 Don & Betty Byers TM 2S1-lDD TL 1100 6955 SW Sandburg Street Tigard, Oregon 97223 91. Don W. & Betty A. Byers TM 2S1-IDD TL 200 13 3 • 3 6955 SW Sandburg Street P.O. Box 023399 Tigard, Oregon 97223 9 Hyster Sales Co. TM 2S1-IDD TL 100 to 3 7, 4-S P.O. Box 2902 Portland, Oregon 97208 93. E. Lee Robinson TM 2S1-lDC TL 4200 / 5 C, 7, 11125 SW Greenburg Road Tigard, Oregon 97223 94. E. Lee Robinson TM 2S1-1DC Ti 4300 $� 11125 SW Greenburg Road Tigard, Oregon 97223 96. Margaret Custer Ford TM 2Sl-1DA TL 1400 3 7. c=, pXXXgXzx XxxxwxLYMTXHHX 04 Weatherstone Lake Oswego, Oregon 97034 97. Frank Weigel, Jr. & TM 2S1-1DA TL 1500 Richard J. Kuehl 6223 SW Canyon Court Portland, Oregon 97221 98. West Coast Lumber Inspec. Bureau. TM 2S1-IDA TL 2000 76 4 6980 SW Varns Tigard, Oregon 97223 9 BPEEP Development Co. TM 2SI-1DA TL 2100 r6 7, !Z _ 6960 SW Varns Road Tigard, Oregon 97223 100. E. Lee Robinson TM 2S1-1DA TL 1200 ad-4- 4,f 11125 SW Greenburg Road Tigard, Oregon 97223 101• E. Lee Robinson TM 2S1-lDA TL 1300 11125 SW Greenburg Road Tigard, Oregon 97223 102 Steven T. Conley TM 2S1-1DA TL 1600 3 71 • 515 Terraine Avenue Long Beach, California 90814 103. Fredrick A. 6 Kay A. White TM 2S1-IDA TL 1700 3.7 s 508 Laurel Lake Oswego, Oregon 97034 104, T W L A C TM 2S1-IDA TL 1900 L22 q7 Jay Woodworth 7420 SW Hunziker Tigard, Oregon 97223 105 James F. b Eliz. Crumpacker TM 2S1-IDB TL 1100 .3 6 • o 02107 SW Greenwood Road Portland, Oregon 97219 106 E. Lee Robinson 114 2S1-lDB TL 1000 0:2- 11125 211125 SW Greenburg Road �- Tigard, Oregon 97223 107 Chinook Investment Co. TM 2S1-lDA TL 1100 .3 ?7, 4e> 1028 Bank of Calif. Tower Portland, Oregon 97205 108 Stuart L. Van Gorder TM 2S1-IDA TL 1000 7 7100 SW Fir Loop Drive Tigard, Oregon 97223 109 Gerald T. Harpole TM 2S1-IDA TL 900 9 . 74- P.O. 4P.O. Box #25153 Portland, Oregon 97225 110 Zanley b Claire Galton TM 2SI-lDB TL 901 7$D. q'7 640 Morgan Park Bldg. Portland, Oregon 97205 ill CCI Real Estate Equity Fund TM 2S1-IDA TL 800 3 7 9• .5v. c/o Jim Crumpacker 2300 SW First Avenue Portland, Oregon 97201 114 L. R. Subotnick TM 251-12D TL 1801 c/o Security Bank of Oregon 15960 SW 72nd Avenue Tigard, Oregon 97223 V::.a 115 Smets Machinery Co. TM 251-12A TL 3101 t 3919 South Shore Blvd. QLake Oswego, Oregon 97034 � 116 Glen A. Henry TM 251-13A TL 1700 Z-/ S 2• 110 Iron Mtn. Blvd. Lake Oswego, -Oregon 97034 4._ I i. MEMORANDUM OF SETTLEMENT AGREEMENT WHEREAS, Industrial Contract Carriers, Inc. , an Oregon corpora- tion, hereinafter referred to as "I.C.C.", has contested the validity of the establishment of, and assessments for, the 72nd Avenue Local Improvement District of the City of Tigard, here- inafter referred to as "City", Local Improvement District No. 21; and WHEREAS, the parties are amenable to settlement of the above matter under the terms and conditions herein set forth, and to the waiver of any appeal from the Final Order and Judgment of this matter as contained in Washington County Circuit Court File No. 82-101OC; NOW, THEREFORE, it is agreed between I.C.C. and the City of Tigard as follows: 1. City agrees that the following cost estimates for the improvement of 72nd Avenue, through Tigard L.I.D. Project No. 21, shall, with the exception of acquisition of rights-of-way or easements for the project, not exceed the following: Construction $1,625,000.00 Estimated Cost of Acquisition of Rights-of-way or Easements 155,000.00 $1,780,500.00 Legal, Administrative & Engineering Costs 274,500.00 Total Expenditures $2,055,000.00 If the costs allocated above for construction and for legal, administrative and engineering exceed the cost estimates listed above, -City shall bear such excess costs. City further agrees to expend every effort to reduce the costs of acquisition of rights-of-way or easements, recognizing that the costs of such acquisition in excess of $50,000 will be assessed against benefitted properties, and shared, as described below, by the City. The parties recognize, however, that the costs of right-of-way or easement acquisition in excess of $50,000 is not under the sole control of the City and shall be assessed under the formula described in City of Tigard Ordinance No. 82-13. 2. City agrees that the City shall assume twenty-five per- cent (25%) of the total expenditures incurred in undertaking the improvement authorized by the City for Local Improvement District No. 21. For example, if the total costs of right-of=way and easement acquisitions are $155,500, the City's share of the project would be $513,750. EXHIBIT 1 - MEMORANDUM OF SETTLEMENT AGREEMENT F 4 t In consideration of the performance of this Agreement by I.C.C., the City shall pass an ordinance by which it assumes the 258 share of project costs, as described above. Upon passage of such ordinance and the signing and delivery of the Covenant Not to Appeal by I.C.C. , through its authorized representative, this Agreement shall be in full force and effect. 3. City agrees to reimburse I.C.C. for its costs and dis- bursements, including attorney's fees, incurred herein in the amount of $13,950. 4. City and Z.C.C. , by and through its authorized agent, Mr. Hy Sadoff, agree to undertake jointly an effort toward donation of rights-of-way and easements in lieu of City purchase of the same, thereby reducing total project costs for L.I.D. Project No. 21 which would otherwise be charged to benefitted property owners and the City. 5. I.C.C. agrees to execute a warranty deed to donate a ten `10) foot right-of-way along the length of its frontage on S.W. 72nd Avenue. Such donation shall be made without consideration. 6. Y.C.C. agrees to execute and deliver to the Tigard City Attorney on or before 5:00 p.m. on Friday, September 24, 1982, a Covenant Not to Appeal the Final Carder and Judgment of the Washington County Circuit Court in Case No. 81-1010C, entitled Industrial Contract Carriers Inc. an Oregon_,corporation, Plaintiff, v. City of Tigard, a muni Defendant. Such covenant shall be in the form approved by the Tigard City Attorney. 7. City agrees to accept a duly executed and completed application for payment in installments under the Bancroft Bonding Act. Such application shall be in a form approved by the Tigard City Attorney and shall be executed and delivered to the Tigard City Attorney on or before 5:00 p.m. , Friday, September 24, 1982. 8. City releases any claim that it might have against I.C.C. on account of I.C.C. 's bringing that petition for the writ of review. IN WITNESS WHEREOF, the parties have set their hands this p Wh day of September, 1982. CITY OF TIGARD INDUSTRIAL CONTRACT CARRIERS, INC. By By: r May Hy Sa By: By rty A orney aul X. Rask, P.C. / Of Attorneys for Industrial `. Contract Carriers, Inc. 2 MEORANDUM OF SE'T'TLEMENT AGREEMENT t PUBLIC STATEMENT All legal controversies involving SW 72nd Avenue Local Improvement District No. 21 have been compromised and settled, it was announced today by representatives of the City of Tigard and of Industrial Contract Carriers, Inc. , the Tigard business which brought a writ of review again4t the city early in July. • The first step in the litigation was resolved in favor of the city by Circuit Judge Mollie Pihl of Washington County on September 14, 1982. ICC had a right to appeal of Judge Pihl's decision which could have prolonged the litigation involving improvement for several more weeks. Tigard and ICC came to an agreement over the principal disagreement between them, that of the total assessible cost to the property holders in the District. The agreement between ICC and Tigard states that the city will make every good faith effort to keep assessments against the property holders to $1.5 million, including the costs of the acquisitions of rights of way and easements. Both parties agree that the costs of those acquisitions are undeterminable. Based upon the preliminary estimates made by City Administrator Bob Jean, acquisitions could be kept at a leval satisfactory to both ICC and Tigard. In the spirit of compromise and in order to allow the project to continue unimpeded, Hy Sadoff, president of -1- Y . Industrial Contract Carriers, instructed his attorney to cease work an the appeal. This clears the way for the city to finance the construction through Bancroft Bonding. The presence of litigation in any public works project puts a serious impediment in the way of the sale of these general finance obligations. One further important aspect of the settlement between Sadoff's company and the city was that Sadoff donated a 10 foot right of way along his company's property abutting SW 72nd Avenue to the city without charge. It is ICUs hope that by making this gesture that other commercial property holders along SW 72nd Avenue would make similar donations of rights of way or easements to help bring the total assessible cost within the projected $1.5 million range. Sadoff announced that he had heard that other commercial property holders would make similar donations if others would do so. He expressed the belief that his donation would motivate others to follow his lead. Jean stated that the city is delighted with the settlement and that he could sense a new spirit of cooperation from other property holders along the highly controversial Y LTD District. "It's an unusual case of litigation", Jean said. "Both sides won. The property holders get a very much needed improvement and people who hold Mr. Sadoff's point of view get this improvement 3 at cost consistent with the price range that the property holders felt the City promised them early on in the proceedings. We are both delighted." t�♦ I IN THE CIRCUIT COURT OF THE STATE OF OREGON 2 FOR THE COUNTY OF WASHINGTON 1 INDUSTRIAL CONTRACT CARRIERS, ) 4 INC., an Oregon Corporation ) Plaintiff, j NO. 82-1010C s ) vs. ) COVENANT NOT TO 6 ) APPEAL CITY OF TIGARD# a Municipal ) 7 Corporation of the State of ) e Oregon, ) Defendant. ) 9 10 RECITALS 11 Industrial Contract Carriers, Inc. (ICC) brought 12 this Writ of Review against the City of Tigard (Tigard) in 1 this court on July 6, 1982. ICC sought judicial review of 14 the proceedings in the establishment of the SW 72nd 1s Avenue area Local Improvement District llo. 21 . 16 The court allowed the 'grit and required the City 17 to make a return of the record for the court's review. 'a ICC filed its brief to support its contention that 16 the proceedings establishing the LID were legally defective m and therefore should be declared null by the court. 21 The court heard oral argument from counsel for the 22respective parties and on September 14, 198223 the court affirmed the proceedings establishing the LID. 24 ICC still has a right to appeal the Circuit 24 Court's decision and announced its intent to do so26 .. Tigard and ICC, however, have compromised their One - COVENANT NOT TO APPEAL *t i a I differences and have made certain agreements reflected in s the Mutual Compromise and Release dated September 22, 1982 a which agreement is incorporated into this Covenant. IN CONSIDERATION OF THE FOREGOING, Industrial ` 4 s Contract Carriers, Inc. hereby covenants and agrees with the City of Tigard that ICC will waive any and all rights it has 6 C Y _ a to that appeal of the court's decision of September 14, F s 1982. s DATED this 22nd day of September, 1982• INDUSTRIAL CONTRACT RI£RS, INC. 10 r r: ; By: _ otcu_/ 12 HYM SADOFF, Pre e t � k LAW OFFICES OF PAUL J. RASK, P.C. u �J. J 16 - By: tt 6AUJ. •rney for Plaintiff is 1! 20 sz Presented by: Law Offices of Paul J. Rask, P.C. u 15405 SW 116th Suite 201 24 Kinq City, OR 97223 u 620-7247 Two COVENANT NOT TO APPEAL CITY OF TIGARD, OREGON ORDINANCE No. 82- AN ORDINANCE RELATING TO CITY ASSUMPTION OF CERTAIN COSTS OF THE S. W. 72ND AVENUE LOCAL IMPROVEMENT DISTRICT NO. 21 , AND DECLARING AN EMERGENCY. WHEREAS, the City adopted, by Ordinance No. 82-23 , an assessment formula for the S.W. 72nd Avenue Local Improvement District No. 21, which ordinance was supplemented by the adoption of a deficit assessment ordinance, Ordinance No. 82-52; and _ WHEREAS, the City wishes to assume a twenty-five percent (258) share of the project costs of the aforementioned District; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The City of Tigard shall assume a one-fourth share of the project costs of Tigard L.I.D. District No. 21, relating to street improvements on S. W. 72nd Avenue. Section 2: "Total project costs" shall include the costs of construction, the acquisition of rights-of-way or easements, and legal, administrative and engineering costs for improvements authorized by proceedings creating such Districts. Section 3: Inasmuch as it is necessary for the peace, health, and safety of the people of the City of Tigard that the 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 the Council, by L.yNah;mouS vote of all Council. members present, after being read two times by number and title only, this 2 )7)i of September, 1982. L Recorder - City of Tigard APPROVED: By the Mayor this ?h day of :S )-f, LP,-- 1982. .r. Mayor - City of Tigar&- (E-XHJ��' ORDINANCE No. 82- ` ' CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: _ January 13 1986 AGENDA ITEM ##: — DATE SUBMIITED: January 8, 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Recreati.an _Plan and Park Maintenance Discussion PREPARED BY: William A. Monahan REQUESTED BY: DEPARTMENT HEAD OK-. _�r+/ 7Y\ CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY The Park Board has been working with a consultant John Mahler, to prepare a Recreation Plan. Information requested from Mr. Mahler for this meeting is not available as yet. The staff will report to you on the status of the plan. ALTERNATIVES CONSIDERED 1. Allow staff to report on the status of the Recreation Plan. SUGGESTED ACTION Allow staff to report on the status of the Recreation Plan. (2296P) g ti CITYTIF ., January 13, 1986 WASHINGTON COUNTY.OREGON John Mahler 2844 S.E. 145th Avenue Portland, OR 97236 Dear John: I have reviewed the additional pages submitted by you as an addendum to the Recreation Plan. I find that these additions do not fully address the needs which I expressed in the attached letter of December 13, 1986. Please provide documentation which complies with my request as soon as possible, but no later than January 16, 1986 at noon. Please deliver the material to Billie Rawlings of my office. Since William A. Monahan, Director, Community Development (WAM:br/2309P) 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639.4171 December 13, 1985 CITY T16A RD WASHINGTON COUNTY,OREGON John Mahler 2844 S.E. 145th Portland, OR 97236 Dear John: Enclosed please find a copy of your Recreation Feasibility Study as it appears on our Word Processing system. Please review it and make any revisions or corrections that are necessary. As we discussed on the telephone, the City requests the following additions to the report: 1. Further breakdown of the June through December 1986 recreation program by dollar cost and hours. 2. A 1987 recreation program using the same format as in item fl. 3. Job descriptions for employees. 4. Descriptions of the various recreatLzin programs. 5. In the body of the report, Page 9, I would appreciate further consideration on the assessment of the park system maintenance. Please discuss this with Jerry McNurlin. Also, Jeanne Caswell of the Tigard Chamber of Commerce has offered to provide input to the study. She can be reached at 639-1656. The Council will hear the recreation feasibility report of the the Park Board on Monday, January 13, 1986. I look forward to receiving the additions. ;in Monahan, tor, Community Development (WAM:br/2249P) cc: Jim Blaurock, Park Board Chairman 12755 S.W.ASH P.O.BOX 23397 TIGARD.OREGON 97223 PH:6394171 s' r, RECREATION FEASIBILITY AND IMPLEMENTATION STUDY Prepared by: H. J. Mahler (2226P) d — Paige 1 — i . LETTER OF TRANSMITTAL Mr. Jim Blaurock, Chairman Tigard Park Board Tigard, Oregon Chairman Blaurock: Please find attached the Recreation Study contracted for. I believe as you have suggested that a City of Tigard Recreation Program would be of tremendous benefit to your community. I also believe it would be positively received when properly presented for public approval. I am at your service for personal presentation and explanation. Respectfully submitted, H. J. Mahler Y Page 2 — RECREATION STUDY INDEX Page Task Description 4 Forward 5 Existing Services 6 Interest Surveys 8 Parks 9 Proposed Recreation Function 12 Method of Implementation 16 Report of Conclusion 17 Appendix 300 Study 18 Block Survey 19 Telephone Survey 20 Basic Coordinator Budget Coordination Task List 21 Funding Sources 22 Proposed Expense/Revenue Display 28 Paige 3 — TASK DESCRIPTION The purpose of this report, as understood by the author, was to test the interest of the Tigard citizens in their potential interest of a leisure services delivery system. The second part of the report is to investigate the potential of implementation of a system. Because of the acceleration of the report presentation from November 31 to October 24, 1985, some of the proposed community interest surveys were by—passed. I would suggest that the statistical results are accurate and reflective of the community's interest. I trust you will find this report satisfactory. E — Page 4 — FORWARD The author of this report has taken the positive point of view that the delivery of leisure services is a very advantageous projection from the municipal (or county, special district) framework as for many (in conjunction with a parks operation).ilt may provide the only positive citizen contact by the local government. In conducting interviews and surveys, we must keep in mind that the respondent will tend to reflect on past experiences, eliminating a true evaluation of possible new activities. Also, one must keep in mind that the word "recreation" is one that covers a multitude of experiences and ideas. I would like to suggest to you as a reader, that few respondents have a clear understanding of what a positive and worthwhile impact a leisure services entity can have on the community and its citizens, regardless of their personal participation. Properly and efficiently operated, a recreation (and parks) entity can be a reflection of the community's interest and a menu from which it's citizens can taste new and existing experiences from the "good life". — Page 5 — r EXISTING SERVICES Tigard is a very unique community that has demonstrated time and time again that it can rise to the occasion in the time of crisis of a demonstrated need. A number of facilities and facility improvements provide mute testimony to this fact. The problem is that this kind of volunteer involvement has a history of slowing down when responsibility for a long term or on-going task evolves. It can be said that "everyone is willing to buy the horse, but feeding him every day is not so attractive". Every area of the state can provide grim reminders of exuberant labor left uncared for in the absence of a base agency or entity. Would the efforts of Tigard pride shine if it were not for the call by the school district? A number of agency activity offerings exist in terms of club function (scouts, campfire girls, etc.) and the observation is that you are blessed with these being successful. The shortcoming is that the activities are strictly the results of establishing group activity with minimal access to nonmembers. Establishing activity agencies such as Boys Club and YMCA/YWCA have a successful history of serving similar communities with quality service. Neither agency has indicated imminent plans for physically establishing an operation within the confines of Tigard. The "Y", (Y.M.C.A.) is operating an outreach series of programs in the area, most notably Y-Basketball, but it has not attracted great numbers, perhaps because of the cost and lack of face-to-face relationships. Without an in-town facility, the agency success faces what seems formidable odds. A number of government funded agencies and churches have available many attractive offerings, but unfortunately, they are not always subscribed to; possibly due to the lack of proper or effective marketing. There may also be a reluctance to enjoin a group from a church (which one does not attend) or some concern about attending a Youth Service Center activity which agency has a reputation for dealing only with persons who have had personal or criminal behavior references (by the way, this isn't always the case). Page 6 As in any community, Tigard is blessed with the usual sports organizations whose efforts provide seasonal competitive exposure. As they consist of human beings, they are subject to the same human failings as any other group faces with competition, achievement of success (or lack of it), parent-parent and parent-child relationships, and ego (coach, parent, child). Also, as with any similar organization, the work and accomplishment is usually the effort of a small minority and the history of any such group usually contains the "activity death" of many a good worker who was overworked in achieving a year's - or season's - successful operation. It is often the case that such volunteers find that the task they wanted to do is often neglected because of additional required tasks. Members of the Tigard community also have access to a number of commercial recreation outlets. The traditional bowling alley and similar offerings still attract large numbers and the cost appears to be reasonable (quite possibly because of competition for the recreational dollar), however, the advent of fitness, being slim, etc. , has created a whole new wave of entrepreneur. Fitness, aerobic types of classes are readily offered by persons not always wholly qualified. Health clubs are now offering services, tests, and shiny equipment that professionals in the field view with concern about their need, relevance or quality. Generally speaking, Tigard is enjoying a number of rather well-run and attractive programs, but there are some questions that I will address later in the report. a r- - Page 7 - INTEREST SURVEYS Three surveys were conducted to get a feeling of interest in a community recreation entity. The first survey was the personal quick response to four (4) questions by 300 citizens. This was done in groups of 100 on three different days in the Tigard area. The second survey was a block survey consisting of the personal interview for an in-depth feeling by talking at home with residents of 3 city blocks. A strict numerical tabulation was not used but a list of feelings was recorded. The third survey was a random calling of 40 residences using the same four (4) questions. The results of the survey and the conversations along with the survey, indicate to the author the following: 1. The community is generally in favor of a recreation component. 2. They are extremely concerned about the tax increase regardless of benefits received. 3. They are unhappy with the present Parks operation in terms of the present condition of the park properties. 4. I sense a distrust of government in general; City of Tigard government in particular. My personal opinion is that much of this distrust is based on misunderstanding and misinterpretation. During this brief period of time, I suggest that the community sees debate and chaos, action and leadership as dictatorship and self-gratifying. The community seems to have a warm feeling for the live staff, but are very personal in their criticism of management and elected officials. S. I feel that a vigorous and enthusiastic campaign would result in increased park funds and support for a basic recreation entity. I would also suggest that there is not enough enthusiasm to carry additional items in a combined presentation. It is with a sense of singular success that I now present a program for implementation. — PageB — PARKS The parks maintenance system presently is totally unfunded, therefore, ' undermanned and unproductive. The injestion of additional funds is not the answer and could actually compound the situation without taking some very significant steps. first. The first thing that must happen is development of a City Master Plan for parks. The plan should begin with major projections and needs without any regard for existing properties. The decisions that need to be made are: 1. What is the ration of required open space and active areas per person and per developed area. Z. Now will these be met in determining the user index for need and establishment (neighborhood, community, city-wide, regional). This includes establishing user parameter (neighborhood park serves 1 square mile, etc.). This too involves the criterion for indicating what facilities are provided and where. For example, a neighborhood park might ff provide play lots, open grass areas, a simple backstop. A ball diamond or t._ tennis court would tend to be in areas accessible and available to the whole city. 9. The park design itself should be as part of its original presentation include the development in a guise that can be maintained, and an estimate of manhours and equipment needs. This presentation with Council approval eliminates embarrassments such as a Sumer Lake where a facility is allowed to evolve by reaction to thought of the day without any pre-planning as to upkeep capability and cost. That park is a good example where steep banks present a formidable maintenance obstacle regardless of funds available. It is noted that some physical improvements are noted without any research of need or whom the user will be (local community of City-wide). 4. Maintenance systems should be designed and costed with an obligation by Council to support the systems. Without Council's approval, you end up with reactionary maintenance and community distress which creates misunderstanding on the part of thQ community. �8LL - Page 9 - maim NWMMM�Iffiw 5. Inventory of major users like Little League Baseball, Youth Soccer to determine their needs. 6. Inventory of all public areas, including schools to determine how these needs can be met. In the resolution of facility problems, ownership 4. cannot be allowed to be a factor. Every effort must be made to overcome jealous public agency egos. 7. Once the Master Plan is completed with activity areas designated, the development plan is projected. Priorities are established, projected costs for new development are determined. This plan with capital costs and annual maintenance costs now are ready for Council's consideration. Council, with the assistance of staff and citizenry then are obligated to decide on behalf of the community when and if the timetable of completion and funding source. 8. When the plan is adopted, it is not written in stone, but a take-off point is established if new or wiser thought is presented. A plan like this is the basis for every park request and development thought. 9. Any time a potential park property is brought forward, it must be considered as to how it conforms to the established criteria. if it doesn't, then refuse it or change the plan. 10. There are a couple of items that need addressing: A. Tennis Courts: There are a couple of existing park plans that show individual tennis courts. I suggest that a single area be established for a set of tennis courts. By centralizing them, you reduce maintenance costs, increase usability and eliminate a give neighborhood "ownership". You also provide the possibility of providing support items such as lights, wind screen, restrooms, etc. B. Sports Fields: I suggest that immediate thought should be given to properly accommodate the local baseball, soccer and softball programs. The present situation with an outstanding diamond (Cook Park) adjoining a well-used picnic area has been a source of irritation and will continue to grind. Also, on many occasions, contests are played on small school properties whose capabilities to host a team is limited, so local lawns are being used by the public in a manner that surely upsets the owner including a seasonal tirade of bikes and cars. The solution is to commence development of a - Page 10 - City-wide facility that would house the scheduled games, provide parking, restrooms, etc. Ideally, this should be located apart from any residential area so that the noise and excitement is enjoyed only by the program participant. 11. Because of a general community feeling of fiscal conservatism, every creative concept must be explored. The use of greenthumb persons, issuing of maintenance contracts and the exploration into easily maintained parks design and materials must be pursued. 12. The hardest thing to do is to take away an established service. If you foresee a service being limited in the future, don't offer it now. Another rule of thumb for issuing of parks services is, if it benefits the total community (mowing grass) then it is probably a justifiable service. If it benefits only a given group (marking a field), then they should probably do it themselves. — Page 11 — THE PROPOSED FUNCTION In discussing the issue in the community, it is obvious a highly sophisticated leisure services delivery system is not needed. First of all, there are a number of excellent volunteer run programs operating at this time. It should not be the intent of any recreation operation to supplant these volunteer efforts. Secondly, the operation of a total paid staff is very costly and unless subsidized, would create an elite of those who could afford many of the activities. I therefore, suggest a Department of Parks and Recreation under the present City structure of Community Development. The Parks function would operate under the incumbent and would be expanded as funds are made available. The Recreation function would consist of a 3/4 time (initially) Recreation Coordinator (please see Proposed Task List), and a 1/2 time clerk—typist. For convenience sake, it may be found that funding 50% of an existing similar skilled staff person would be most satisfactory. The Department would be guided by a Parks and Recreation Committee (of Council). It would be the function of the Committee to set policy, establish budgets, advise staff, all subject to Council approval. The function of the Recreation Coordinator would be to assist existing programs, coordinate existing and new programs regardless of generating agency, explore new potential programs. On several occasions, I have heard an inquiry as to the possibility of joining up with the City of Tualaii.n or the Tualatin Hills Parks and Recreation District. I see no value of being included in those activities at their tax base. I see a real potential loss in Tigard identity. Page 12 — Another concept is the creation of a new special district. I strongly recommend against this, solely on the basis of my concern for the creation of another tax base management system when a very suitable system (The City of Tigard) already exists. If concern or unhappiness exists, then the answer is to get out and change it. . . . .But I see no value in selling the car just because the tire is flat. For the purpose of thought expansion, and discussion, I •am going to describe what services should be available through the afore-described Recreation function. SPORTS As the present youth organizations seem quite capable of handling their own affairs, the assistance would be in items like scheduling, etc. Also, the Department could be very useful in developing pre-season sports clinics and emergency first aid classes. The Department should also consider developing alternative sports activities for those uninterested in what is already available. Adult sports are also already available. The present Men's Basketball program is probably the most sophisticated league in the metropolitan area. However, it probably does not meet the needs of those seeking a less demanding regimen of competition. The potential to expand or introduce adult soccer, softball, volleyball, flag football, etc. for all skill levels for men's women's, co-ed teams is limitless. To assume that if people wanted to play, they would organize it, is to assume that because we are often hungry, we are all good cooks. A sport's council should be formed consisting of a representative from each athletic group, a member of the Tigard school staff and a member of Council. The potential of this group working together on philosophical and facility problems would: be of tremendous benefit to all of Tigard. - Page 13 - CULTURAL ACTIVITIES An Arts Council should be formed to coordinate the resources within the community 'interested in cultural activity and growth. The group would assist the department in determining staff persons and program areas that would support a successful cultural arts program. Such a ' group might be of considerable assistance to the school staff as they strive to provide such experiences within the classroom. AQUATICS The City of Tigard is very fortunate in having the high school available. A myth presently exists that the pool is not available to Tigard residents who live outside the Tigard School District boundaries. That is not the case in any way, shape or form. In talking with the School District Administrators, I find them very open with regard to the exploring of new aquatic programs. It must be assumed that very large portions of time are consumed by swim teams and school, but a very successful community usage is available. The Department should be working with the Aquatics staff in reviewing potential programs and special functions that would benefit all. YOUTH The Department should consider after—school programs and weekend activities for those who might otherwise not have an activity or domicile during those hours. The Department should also work closely with all youth serving clubs and agencies and try to coordinate thus prevent overlap. A youth council should be formed of the various groups (Campfire, Scouts, Y.M.C.A. , Youth Service Center, etc.), that would attempt to act as a guiding light to youth needs in terms of social types of activities. — Page 14 — WMIN ADULT The Department would function as an enabler and encourager to our adult population in how they might better spend their leisure hours. In addition to the existing activities, the Department would introduce new activities, coordinate special events, offer instruction classes. There is absolutely no limit to the range of self—sustaining adult activities. ELDER CITIZENS There is, of course, a very sophisticated array of senior activities available within the Tigard community. The Department may be able to be of assistance to already successful offerings. E.l — Page is — METHOD OF IMPLEMENTATION It would appear that the availability of funds for the expansion of Parks maintenance and the inclusion of a Recreation program are not reasonably available within the present City of Tigard taxing scheme. It is also highly doubtful whether -the elected representatives of the City are comfortable in adding such functions to the community without an opportunity for their expression. Therefore, a vote for approval should be scheduled for Spring 1986 with the actual operation to commence in June 1986. It is obvious to me that such a vote would be positive with a campaign of hard work and effective planning. — Page 16 — REPORT CONCLUSION To summarize, in very brief and specific terms, the conclusions of this report I list: 1. A majority of--the community are interested in a Recreation Program. 2. They are divided on how to support such a function. 3. The majority of the community is interested in , upgrading the parks maintenance program, but are not supportive of tax increase. 4. A recreation program would be a tremendous asset to the community and would function best under the City of Tigard entity. 5. A referral to public vote should be scheduled in Spring 1986 with implementation in June 1986. 6. The Park Board should commence immediately in providing a Parks Master Plan. — Page 17 — "300" SURVEY Question Number One Do you feel there is a need for a recreation department in the City of Tigard? Yes — 140 No — 127 No Opinion — 33 Question Number Two Are you satisfied with the present level of parks and property maintenance? Yes — 109 No — 128 No Opinion — 63 Question Number Three T recreation activity programs were available in Tigard, how should they be funded? a. Tax Base 72 b. Participant or User Fee 161 C. Commercial sponsorship 41 d. Combination of the above 11 e. No Opinion 19 Question Number Four Would you be willing to support a tax increase for an increased level of parks maintenance? Yes - 123 No - 144 No Opinion - 36 - Page 18 - BLOCK SURVEY Discussion Areas 1. Recreation Programming Most are interested but they are concerned about need. 2. Parks Most want improvement but do not wish an increase in taxes. They feel there, ' is alternatives including priority changing in present City Hall expenditures. 3. Funding Most feel users should pay their own way. The concern was expressed that such a City function become very costly to the taxpayer. 4. Other Definite alienation toward present City government. '` — Page 19 — TELEPHONE SURVEY Question Number One Do you feel there is a need for a recreation department in the City of Tigard? Yes 22 No — 17 No Opinion — 1 Question Number Two Are you satisfied with the present level of parks and property maintenance? Yes — 9 No — 31 No Opinion — 0 Question Number Three If recreation activity programs were available in Tigard, how should they be funded? a. Tax Base 5 b. Participant or User Fee 20 C. Commercial sponsorship 12 d. Combination of the above 3 e. No opinion 0 Question Number Four Would you be willing to support a tax increase for an increased level of parks maintenance? Yes — 17 No — 23 No Opinion — 0 — Page 20 — a; PROPOSED RECREATIONAL BUDGET (Basic 12 Month) EXPENDITURE Staff $28,920 Recreation Coordinator $1800 x 12 x 75% $16,200 Fringe Benefits (20X) 3,240 Clerk Typist $900 x 12 x 50% 5,400 Fringe Benefits 1,080 Part time supervisors 3,000 Equipment 1,000 1 200 Auto $31,120 Income $ 4,225 Based on 110% of supervisors and 750 equipment Deficit $26,895 — Page 21 - AVAILABLE FUNDING SOURCES This session was not complete at report filing date, but will be forwarded as an addendum. n t — Page 22 — PROPOSED LEISURE SERVICES DEPARTMENT OPERATIONAL GUIDELINES I. Parks and Recreation Board It is my suggestion that the Board consist of one (1) representative appointed by each member of Council. The Mayor would appoint the Chairperson. This would provide direct lines of accountability. The citizenry would be in a position to easily evaluate the political persuasion of the appointee and would be in a position to determine his own political choice as it relates to this entity. At the pleasure of Council, the Board would advise staff, set program and facility guidelines, establish fees, establish and oversee the budget, react to community concerns, monitor program effectiveness, establish short and long range goals. (All subject to Council approval.) II. Staff The Department would consist of one (1) full time director and a fulltime secretary. The secretary, in addition to providing normal typing and public contact „ work, would also take care of program registrations, facility reservations, etc. The Director would, of course, administer the department. He or she would establish proper relationships with other related groups, set up programs, design and supervise facility development, effect a proper community relations program and be responsible, under the advice of the Board, to administer a meaningful, cost—effective operation. The majority of program staff would be employed on self—sustaining programs. Other staff (part—time) might be involved in other programs that are subsidized, (day camps, summer playgrounds, after—school activities). III. The Department The following is a simple task list that would properly describe a leisu. e services department for the City of Tigard. — Page 23 — 3 I. Liaise with other government entities. 2. Coordinate existing recreation programs (seniors, clubs, youth, sports). 3. Introduce new exciting activities for public consumption. 4. Set up training programs for volunteer staff. 5. Schedule"ass?gned facilities. C:_ — Page 24 — PROPOSED PROGRAM RELATIONSHIPS Program Relationship Youth Sports Most youth sports are volunteer—based and governed by volunteer boards. It would appear that in many cases, these groups operate somewhat autonomously with little knowledge or coordination from anyone. The Department should be directly involved with all such groups, even as a Board Member ex—officio. The Department must establish such a profile that will allow recognition of an accepted City policy for service rendered, facilities used, length of season. It is important that each such group is committed to the overall success of all groups rather than be on a President's ego trip trying to find out who is the most important association. The Department will have to clearly define what facility service will be provided and insure that every group will receive the lame level. The Department should also provide training programs for volunteer coaches and officials. In light of today's cognizance of liabilities, it would be appropriate to establish a certification program whose completion would be required prior to use of public facilities. The Department should also be ready to establish sports programs that are not yet available or which might serve those not already involved. Adult Sports The Department should be available to assist the existing activities. The Department should also offer supplementary programs in already—offered sports that would tend to involve those with differing levels of interest or skill. Every effort should be made to allow groups to operate by themselves. Again, skill clinics and officiating clinics should be offered. There are two reasons why adult sports are important: Firstly, they will operate on a self—sustaining basis, and secondly, a good adult program will provide coaches and officials for the youth. Aquatics The Tigard School District presently operates an academic aquatic Phys £d program as well as a community—based swim team and community public swim. The District has shown no reluctance to further diversify the existing program if financially viable. The need seen at this time would be to assist in publicizing the existing program and perhaps get involved in a high—attendance summer instruction program (especially for those Tigard residents outside of the District boundaries). Such a venture might include bussing to and from the northern residential area. Page 25 — Eider Citizens A rather exciting slate of activities is provided at the Senior Center. These activities are the result of participant-expressed ideas. The Center operation should be part of the Department. However, this may not be politically acceptable. The Department should make every effort to stand by ready to offer assistance if needed. The Department should also encourage the elder citizen community to participate in general community activities so as to remove the concept of isolation. * Involving seniors in latch-key or day camp programs as volunteers has proven to be very successful. The Department should also work with the Center in providing not only activity but information type programs on health, finance, food, etc. The bottom line is that the vast talent represented in our elder citizen community should be encouraged to come forth - and be allowed to share with all age segments of the community. Related Clubs and Associations YMCA, YWCA, Scouts, Campfire, etc. , have provided a number of leisure time 'activities in the Tigard area. The Department should be prepared to coordinate these activities and assist them to experience success. The Department should also be prepared to offer alternative if the existing activity is too costly or too exclusive. Any time an activity can be provided reasonably outside the Department, it should be encouraged to do so. Cultural Activities There is existing in the Portland Metropolitan area an unfathonable amount of arts, drama, craft, music activities. Activities involving these talents and interest are often available through other public or semi-public entities. Groups such as community colleges, private arts groups should be encouraged to offer their wares in Tigard. The Department should be ready to assist infacility scheduling and publicity. The Department should also display initiative in servicing talented individuals to share their skills in Tigard. It might also be worthwhile to make available a series of bus trips to nearby experiences or performances. I again, suggest that a Cultural Activities Committee should be part of the Department. - Page 26 - These relationships noted aforehand are described for those already in existence. I suggest that one of the most worthwhile projects of the Department would be to public a seasonal activity brochure listing every recreational activity regardless of source. (JM:br/2226P) t r — Page 27 — PROPOSED EXPENSE/REVENUE DISPLAY 1986 (June - December) JUNE JULY AUG SEPT OCT NOV DEC TOTAL Administration Coordinator $2,Doo $2.000 $2,000 $2,000 $2,000 $2,000 $2,E $14,000 Sec./Recept.- $1.140 $1,140 $1,140 $1,140 $1,140 $1,140 $1,140 $ 7,980 Subsidized Playground (9 sites) $ 3,000 Supervisor $1,000 $1,000 $1,000 $18.000 Sr. Director $5,400 $7.200 $5.400 $ 500 Materials $1,000 $ 500 After School (9 Sites) Supervisor $1,o00 $1,000 $1,000 $1,000 $1,000 $ 5,000 Site Directors $3,600 $3,600 $3.600 $6.000 $16.800 Materials $1,000 $ 100 $ 100 $ 100 $ 300 $ 1,600 Clinics Baseball Y 100 Player-Coach $ 100 $ 50 Umpire $ 50 Softball $ 100 Player-Coach $ 100 $ 50 Umpire $ 50 Soccer $ 100 Player-Coach $ 100 $ 50 Umpire Basketball $ 50 $ 50 Football. Flag $ 25 $ 25 Football•Tackie $ 50 $ 50 Volleyball $ 100 $ t0o Fishing $ 50 $ so $ 50 Camping $ 50 Hunting $ 50 $ 50 Youth Skills Contests $ 200 $ 200 $ 200 $ 200 $ 200 $ 1.000 Non-Subsidized Arts,Crafts Classes.(10) $1,500 $ 1,550 ......( 3) 450 Dance......... $ 450 Summer Sports Camps $1,000 $1,000 $ 2' 0 Christmas Sports Cusps $ 750 $ 750 $ 40 Excursions 0 $ 400 $ 400 $ 400 $ 400 $ 400 $ 2,400 2.200 Outdoor Program $ 600 $1.100 $ 500 Adult Sports $ 700 $ 700 Flag Football $1,000 $ 1,000 , Volleyball $ 600 Basketball $ 600 $ 1,200 Softball $ 600 $ 600 Soccer $ 200 $ 200 $ 200 $ 600 General Classes $2'500 $2'500 $ 51000 TOTAL COST.- June through December. 1986 $88,055 Revenues $ 750 $7,250 $ 500 $9,125 $ 500 $ 500 $1.490 20 065 Deficit ($67,990) _ Page 1 - RECREATION REPORT ADDENDUM Program Budget Description 1. Recreation Coordinator This cost is based on a full-time staff person at a suggested salary presented in context of other similar City of Tigard staff persons. 2. Secretary This cost presented represents 50% of the proposed salary, with the balance to be supported by Parks. 3. Program Costs a. Classes All classes are organized on a 10 hour or 10 session basis. Expenses represent contractual cost of instruction, matertals, facility rental (if required). Income represents 120% of costs. b. Clinics These programs are presented as a community service with little or no Income. Costs represent staff and materials. c. Competitive Sports, Leagues, Tournaments Costs displayed represent officiating persons, games persons (when required) support equipment, facility costs. d. After School , Playground These are elementary school age progams located at the Tigard-elementary schgoi st,tes. They are non-revenue programs. Costs Involve a supervisor (full time in summer, partime in winter), sate leaders and material costs, r RECREATIONAL REPORT ADDENDUM Recreation Coordinator Job Description ApRLJcant Requirements B.A. in Recreation Administration, 5 years experience in the field including 3 years at the supervisory level ; previous experience in budgeting, program development, and use of volunteers. This is a sub-department head position. Preference will be shown to certified professionals. at the Supervisor or Administrator level . Job Description Under the direction of the Department Head an in concert with the advice of the Parks and Recreation Committee, he (or she) will : s Establish an attractive and successful leisure program, o Attend and act a Secretary to the Parks and Recreation Committee q Attend City Council meetings as requested. • Insure all personal and professional actfviti•es adhere to the standards established by the National Recreation and Parks Association, and the Oregon Park and Recreation Society, • Insure all programs and acti•vittes meet State and local health and safety, standards.. • Prepare and manage an annual budget. • Prepare a short range and long range plan of operation jncludi'ng annual and capital costs. A Work, effectively with other local public entities (school , County, other cittes). s Establish positive and effective relationships with local semi-private groups (YX C.A., Boy Scquts, Youth Sports Leagues etc). s Investigate and become familiar with all National , State and local funding and grant sources. • Develop task lists for all assigned staff. Engage, supervise, evaluate terminate staff. • Be responsible for proper usage and control of all assigned material and equipment. d Insure all programs meet City standards and policies. a Liase with other City operations. e Effect an effective public relations public oontact program. • Establish a system for determining program cost and operational effectiveness. 86/87 PARKS BUDGET CORE LEVEL I Personnel $ 64,226.00 '+ Material & Supplies 26,460.00 Capitol Outlay 10,000.00 $ 100,686.00 LEVEL II Personnel 84,630.00 Materials & Supplies 29,610.00 Capitol Outlay 12,830.00 $ 127,070.00 LEVEL III Personnel 106,615.00 Material & Supplies 36,340.00 Capitol Outlay 26,860.00 $ 169,761.00 3 =u -s p ,pper c�` (:)Vc rsl Yd' I) M tL,n Dae : 0 1 - g� . _� illal> Illlrll 1;1 ala i;a Ilt alp Ila.111 Ill alp pjlr ( { i , � t f If ..f _.frTpdmf iI 1 h1.t.t1 f�f17►�7 1 i Li iT_t 1 I 1 IT,7. "p I ►T i1.i_ll..t.l[B';1 I Ijt J alp I1�p 1r1l 1 Jir f Hlt 1 apa(t la ia i a •1_a.I_ale1a11la till rpp ftk Am NOTE: IF THIS MICROFILMED ��—.-- I- Z •� 4 _ �J 6_ 7 B 8 0 _ 11 IZ�Jj� J DRAWING IS LESS CLEAR THAN THIS NOTICE. IT IS DUE TO THE QUALITY OF TIE ORIGINAL DRAWING. OE 62 8Z 12 9Z SZ —bZ E2 Z2 IZ OZ 6t Bi LI 91 Sf bl EI ZI_ 1! —01 6 a� 1 —8 — 8 b — 6 Z I'�+y i �natwduap�auaLua6autpua��inieira�pan � p anlnul ua uuluaa uuluu uulou uuLm ; s _ MAARCR Aogored ey PSS GREENWAY I 2 3 4 In ! Or ty 6 7 / 6 9 10 ....�� .. .. 12 ----- —.._.- --- Cook Park, ervicea and Materials COOK SVl1MERLAKE FANNO CBE EMGLEWOOD ^ ---- - r -- --- -- _ and _ Wooda d Jack Libertq 6 Windmill �Itlewood _ _Others Park. Police So: Main 2 Z.S Mowing-S Ground MaintenanceMaMMnHoura _ - 3 Plies , I 4bo Us - g i Old 11 iI t 1 6 —__ CCrP Te mT IT j _A S3g1PI-ism—_---=-- Labor ---- } i TOTAL I ,Tavel III _ _ - 12 4.5 Mowin 6 Ground Maintenance Man Hours AEHT56 11 111 - - - 13 Materials 6 Su lies 91 � !' - 14 LaborIJ I I fft i y� 16 17 ; 38 _ ft 19 20 I I � - -- - '----_----- --------- _1 -y I - L I ! II fill 21 - - - -- -------—= b I 22 - - - - lifT 23 i : - - _ I _; 24 I _LstIN - - --- --- - U. I I r if +-+1'>+i+ IIr 1 r r r r 111.1111 1 r r r 111111 1 r 1 1 - - 17 a .... 1. f i i I i_ . ill i I.1 r1 t r>11Tn1' 'fml�l'T'.����'ATTR' '1'I�1'11j11fill119fyilI �till 1ri111�IPr11111Ji+1111111i Jill I+i +I+�Ii+1i11�+1+�1i+tet rf+ili Elr - :._...... _..,: .-.-•• =ate:=. NOTE: IF THIS MICROFILMED DRAWING IS LESS CLEAR THIS NOTICE, IT IS DUE TO THE QUALITY OF THE ORIGINAL 1 DRAWING. Oe 62 "ez - L2 sz se" *,z ez zz Iz Oz st el r- _$i _C I.- ti­--il--_al 6 eAM nsfnDlNNlunluulWHAu�landuuNinff1111111016M1 Ui>�UIIf11n - 7 .__ 1990 �,i�i i - CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 13, 1986 AGENDA ITEM #: DATE SUBMITTED: January 9.1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Street Standards Policy Discussion PREPARED BY: Keith Liden REQUESTED BY: DEPARTMENT HEAD OK: `i CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY A preliminary list of streets requiring City Council action has been prepared. Staff would like additional time to insure the completeness of the list and to prepare a specific recommendation for each street. The Davidson variance request which is related to this issue has been reviewed by staff, including a recommendation of denial . ALTERNATIVES CONSIDERED 1. Allow staff to prepare a comprhensive recommendation regarding substandard streets. 2. Halt staff work on this project. 3. Direct staff to approve the sidewalk variance proposed by Davidson's. 4. Direct staff to deny the variance. SUGGESTED ACTION Allow staff to continue the study, and deny the sidewalk variance. (2304P) MEMORANDUM CITY OF TIGARD, OREGON TO: City Council January 9, 1986 FROM: Keith Liden, Senior Planner SUBJECT: Street Standards Policy A preliminary list of substandard public streets which do not meet City requirements is attached. The staff feels that it is necessary to devote more time to this project to inventory the specific condition and function of these streets before a proper recommendation can be made regarding future City policy. Until this survey is completed within the next several months, any proposals that are involved with these streets can be handled individually. One request which is pending involves the new car wash on the Davidson property (SDR 17-85, U 20-85). The applicant is proposing to delete the requirement for a sidewalk along the rear of the property along the Walnut Place frontage as shown on the attached map. After reviewing the proposal, the Engineering and Planning staff recommends that the sidewalk should be required along the entire frontage. This recommendation is based upon the apartment complex located at the end of Walnut Place, the lack of a sidewalk on either side of the street, and the location of a bus stop at the Walnut/Pacific Highway intersection. Pedestrians going to and from the apartments (and the church to a lesser extent) presently must walk in the street or cut through Davidson's property. Since Walnut Place meets City street standards, except for sidewalks and a cul-tie-sac turn around, it is recommended that standard improvement provisions be applied. (KL:br/2304P) x, y f /fT ` LEGEND ` <Z> Abutting Owners {. ' ,0 ®m—mr Affected area boundaryO Affected Owners y /~ ••— Wash. Co. Tax Map 000 boundaries �. v tl le 6 •l M• • ~ + • • to`a Itea // • of Its �. 00 ataca r .•8•.'a � oalot _ifs � 1 o iat•N't �. 1 I.I w. .�n. !• It. ���' RN � SO 00 • �• �tO "'�?J `^�J e w O, tl w NAP 2S! 230 ITtM. locos , all . ,V / t tTe te. I,T e. ffU S.W. Pacific Highway g vacaEian Area r 1 � � w Scale: 1" 100' ed l 1 e Ile L, 104 so L ? b '' •, • h t 1 ACj e e•f•N'M'f ••C , N Q t � � ( v•, � e•a•olydt f few tla�l/feret�elllr ll�iel e>el��awes J 1 I STREETS REQUIRING COUNCIL ACTION January 9, 1986 1. Local business access road; maintenance status unknown. 2. Local business access road; maintenance status unknown. 3. Shown on maps as private street (S.W. Longstaff) 4. North Dakota between 90th and 93rd; narrow, rought dirt street. 5. 97th Ct. ; originally paved, now reverting to narrow dirt street; not maintained by the City for years. 6. 77th Ave. ; shown on maps as private. 7. Wall Street; shown on maps as private. 8. Electric Street; partly improved. 9. McKenzie Street; Partly improved, length and width unknown. 10. School Street; partly improved, length and width unknown. 11. 107th Ave. ; gravel street, should be paved. 12. Fairhaven Street; unimproved, untraveled. 13. 107th Ave. ; unimproved, untraveled. 14. Cook Lane; unimproved, untraveled. 15. Local business access road; maintenance status unknown. 16. 104th Ave. ; very rought dirt street; should be paved. 17. Naeve Street, gravel street; should be paved. 18. Local business access road; maintenance status unknown. 19. 89th Ave. ; disregard. 20. 76th Ave. ; half improved with curb and pavement; half in lawn. 21. 74th Ave. ; rough gravel street. 22. Fanno Creek P1. ; rough dirt street. (2304P) E fi CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 13, 1986 AGENDA ITEM #: __ ..7 ` DATE SUBMITTED: January 6, 1986 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Lloyd and Arlette Taylor Annexation PREPARED BY: Elizabeth Ann Newton CPA 16-85 ZCA 16-85 REQUESTED BY: Lloyd & Arlette Taylor DEPARTMENT HEAD OK: u� CITY ADMINISTRATOR: POLICY ISSUE Should the City of Tigard annex 34.9 acres which is outside the City's Urban Growth Boundary but within the City's area of interest? INFORMATION SUMMARY On December 13, 1985 Lloyd and Arlette Taylor filed an application requesting annexation into the City of Tigard. The "Taylor's property consists of two tax lots on the western edge of the City's Urban Growth Boundary totaling 34.9 acres. The property is in the Metropolitan Region Urban Growth Boundary currently under dispute before LUBA. The City Planning Staff contacted the Executive Director of the Boundary Commission regarding the timeliness of submitting the request to the Boundary Commission. Staff was advised that the Urban Growth Boundary issue will be resolved in February and that the City may submit annexation requests for land in that area. The Boundary Commission will not act on those requests until the Urban Growth Boundary issue is resolved. Attached is a resolution to forward the request to the Boundary Commission and an ordinance to assign the City Plan and Zoning designations. ALTERNATIVES CONSIDERED 1. Hold the public hearing on the request and adopt the resolution and ordinance submitted by staff. 2. Hold the public hearing on the request but delay any action. 3. Deny the request. SUGGESTED ACTION Hold the public hearing on the request and adopt the resolution and ordinance as proposed by staff. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 13, 1986 AGENDA ITEM #t: 2 i DATE SUBMITTED: January 8, 1986 PREVIOUS ACTION: A Public Hearing was ISSUE/AGENDA TITLE: Historic held before City Council on 11/25/85 District Designation PREPARED BY: Elizabeth Ann Newton Clarification CPA 14-85 REQUESTED BY: City Council DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Should the City Council modify Chapter 18.82 of the Tigard Community Development Code as it relates to the designation of Historic District site within the City of Tigard Urban Planning Area. INFORMATION SUMMARY On November 25, 1985 the City Council held a discussion regarding the historic district overlay designation. A presentation was made by Mr. Dick Mathews, Director of 'Washington County Museum. Consensus of Council at that meeting was to send the issue back to the Planning Commission supporting staff's recommendation to have a committee review requests with Council retaining the right to call up a formal review. The review committee should be comprised of 1 Councilor, 1 Planning Commission member and 1 Planning Staff member. The Planning Commission reviewed the proposal at their January i, 1986 Planning Commission meeting. The Commission voted unanimously to support the Council's recommendation. Attached is an ordinance which modifies Section 18.82 of the Community Development Code as directed by City Council. ALTERNATIVES CONSIDERED —� M 1. Adopt the attached ordinance to modify Chapter 18.82 of the Community Development Code. 2. Modify the attached ordinance. SUGGESTED ACTION T Adopt the attached ordinance to modify Chapter 18.82 of the Community Development Code. (EAN:pm/bs39) i CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 13, 1986 AGENDA ITEM DATE SUBMITTED: January 8, 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Zone Ordinance Amendment ZOA 9-85, Comprehensive PREPARED BY: Keith Liden Plan Amendment CPA 15-85 REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: :mzsssaaazzzsassssc asss saaassas masalizasaaaaaasss=sazma�¢mlazzaslsimazsslss------ POLICY ISSUE szsszaalizaai■usassilazmmzazasassssaaassmassaaasaszlaszsamsasiizmmsamsmzazsizmias INFORMATION SUMMARY The Planning staff proposed a number of amendments to the Community Development and one change in the Comprehensive Plan. The attached memo describes the changes and notes the Planning Commission recommendations. In most cases, the Commission and staff recommendations coincide. When there were differences of opinion, both suggestions are noted. aimsassiarsoisiaiaisaassiaiasisisazasimiissisiaisiaiiaaisissssissiiziiiasliisis ALTERNATIVES CONSIDERED SUGGESTED ACTION Approve as recommended. i M( M)RANUUM C11Y OF 11GARD, OREGON T0: City Council January 3, 1986 '' FROM: Keith Liden SUBJECT: Zone Ordinance Amendment ZOA 9-85/Comprehensive Plan Amendment � CPA 15-85 The Planning staff prepared a package of proposed amendments to the Community Development Code and the Comprehensive Plan. The Planning Commission reviewed , the amendments at its December 3, 1985 hearing. The Commission either endorsed the changes as proposed or recommended modifications. The following amendments were recommended for approval by the Commission as prepared by i staff. Community Development Code pp. 295 18.146 Flexible Setback Standards for Developed Lots This change is intended to expand the flexible setback standards for use in all residential, commercial and industrial zones. The sole exception would be where commercial and industrial zones abut residential zones. 18.146 FLEXIBLE SETBACK STANDARDS FOR DEVELOPED LOTS 18.146.010 Purpose The purpose of this Chapter is to provide for the reduction of yard setback areas where a reduction is necessary to enlarge an existing structure. 18.146.020 Applicability The provisions of this chapter shall apply to additions to existing buildings in all zoning districts. 18.146.050 Approval Criteria The front, rear, side, and corner yard and through lot setback requirements in the applicable zone may be reduced up to 20 percent provided the following �. standards are satisfied: Page l i i (1) The reduction of the setback area established by the ,apple _jJ,)I,� ;,,nii-v1 lri.i frrr Lhi, <<nl..rr,ptmoriL +,r r Idit-31 (2) The garage setback to the front property line shall satisfy the requirements of the applicable zoning district; (3) The standards of Chapter 18.102 (VISUAL CLEARANCE) shall be satisfied; (4) The resulting lot coverage shall not exceed the maximum lot coverage of the base zone; (5) The proposed addition shall riot encroach upon any existing easements; (6) When the proposed addi.ti.on is within the rear yard, the adjacent to the rear property line shall be landscaped with sight obscuring plantings in accordance with the standards set forth in 18. 100.080 (LANDSCAPING AND SCREENING); and (7) Setback, buffering and screening requirements that apply when commercial grid industrial. zones abut a residential zone shall be satisfied. All other sections shall remain unchanged. p. 174 18.100.110 (c) Screening of Swimming Pools All swimming pools shall be enclosed as required by Chapter 14.20 of the Tigard Municipal Code. The intent of this change is to ensure that landscaping and screening standards conform with Section 14.20 of the Tigard Municipal Code which discusses swimming pools. Specific standards for height, setbacks for screening or fences are established. p. 107 18.66.030 Add Religious Assembly as a Permitted Use. This change adds religious assembly to the list of uses permitted outright in the Central Business District (CBD). P. 280 18.144.020 Accessory Uses and Structures This change shall delete "kennels for domestic animals" from the definitions list for accessory uses. It is intended to- clarify the meaning of kennel by disallowing commercial kennels as an accessory use. E Page 2 Delete "parking services" . P, 99 18.60.040(6) !; •;,!„„ wiLP, p. 104 113 .b�.,�?�?( i}l� ! r.1 +.rift' the of the Code p. 107 18.66.030(1 )(1_) by changing the wording p. 113 18.68.030(1)(B) p. 116 18.70.030(1)(C) P. 119 18.72.030(1)(0) Comprehensive Plan FINDINGS, POLICIES AND IMPLEMENTATION STRATEGIES DOCUMENT” P. 42 7.1.2 a. 2. PUBLIC: SFWER SHA1._1_ BE Rk_QUIRI'0 FOR NEW DEVEL_OPMENT WITHIN THE CITY UNLESS THE PROPERTY INVOLVED IS OVER 300 FEET' FROM A SEWER LINE AND WASHINGTON COUNTY HEALTH DEPARTMENT APPROVAL FOR A PRIVATE DISPOSAI SYST'Vm IS OBTAINED AND: The present plan policy is riot cor,si.SLc!nt witha City/U. .A. agreement (Ord. 84-58) whichverl ow feet development without pubblic sewer if the sewer line t The Commission recommended changes or additional information regarding the following amendments to the Community Development Code. p 44 18.32.130 (a)(1)(8) Procedures for Decision Making: Quasi—Judicial Notification of property owners within a certain distance inatnreeet from the property in question will be determined by of the planning action: 100 Feet 250 _Feet Accessory Uses Comprehensive Plan Amendment Flexible Setbacks Conditional Use Planned Development Home Occupations Lot Line Adjustments Sensitive Lands Minor Land Partition Sign Code Exception Site Development Review Subdivision Temporary Uses Zone Change Variances This change is intended to require a notice to all property owners of record within the distance specified for a given planning action and not, as previously required, a "blanket" 250 feet. recommended that a 250 foot notification be used The Commission for all applicationaff timeandexpensedoes orelated tot agree lthelmailinguof of the increased st the notices. w Page 3 p. 174 18. 104 Fuel Tank Installation Iti(• purpu•.>(� of tF�i.�, c.h:+rulcr i •, ;;, �•�.,k;;,r ,,C� ..;t.;,r; 1I;r• d�•fir�il i,ur.> and standards pertainiru3 to fuel tank, nrid their installation. It is al.so intended to expand references to fuel tanks to residential, commercial, and industrial zones. 18.104 FUEL TANK INSTALLATIONS 18.104.010 Purpose The purpose of these regulation is to guide the installation of stationary fuel tanks within the City limits in residential, commercial and industrial zones. 18.104.020 Definitions (a) Tank shall mean a vessel containing more than 60 U.S. gallons. (b) Container shall mean any can, bucket, barrel, drum or portable tank (except stationary tanks), tank vehicles and tank cans. (c) Fuel shall mean kerosene or any hydrocarbon oil or liquified petroleum gas conforming to nationally recognized standards . Hydrocarbon oils shall have a flash point of not less than 100°F. 18.104.030 Applicability The provisions of this chapter shall apply to all new and existing development in all zoning districts. These provisions shall not apply to non-stationary fuel containers. 18.104.040 Requirements (a) All stationary containers, tanks, equipment and apparatus used or intended to be used for the storage, handling, use or sale of flammable or combustible liquids or fuels shall be of an approved type as per the Uniform Fire Code. (b) Small tanks or containers, with capacities of 60 U.S. gallons or less, used or intended to be used for the above-ground storage of residential or home heating fuels are permitted in all districts when they conform to the standards and requirements of the Uniform Fire Code and local fire district requirements. (c) Installation of all fuel tanks with capacities greater than 60 U.S. gallons shall be prohibited above-ground in all districts. (d) Specific concerns of tank placement on a site with respect to topographical conditions, barricades, walls, building exits, proximity to buildings or adjacent properties, tank construction and storage permits for Class I, II, and III liquids shall be addressed prior to the time of building code permit approval and site development review, (where applicable), and shall conform to all requirements of the Uniform Fire Code and the applicable fire district. n Page 4 (e) All underground fuel tank and above-ground stationary fuel. storage t.orl:•airwr" moty I ]Itst.zillod 0, ..11 di�tlr i(.t �, prr,vidrd (1) '11 1 F11,el t.ai k ;1;';t.:4 l l +l,i urs, nu.is t. ho r „v i uw •,i .,rn,iho City Building Inspector. (2) Application for the necessary permits from the City Building Inspector shall be accompanied by a signed, approved document from the applicable fire district. The Commission had questions relating to the definition of "hydro—carbon oil" and it was suggested that any input from the fire districts be incorporated. "Liquified Petroleum Gas" has been aded. Tand Tualatinand ano Washington County Fire Districts have reviewed the proposal objection. p, 122 18.80.015(c) The Process (Planned Development:) Adds the following wording to section (c): "In the case of an existing Planned Development overlay cone the applicant may choose to have a land use application reviewed under the provisions of this chapter or to CIRP10y the review procedure required in other chapters which apply to the particular land use application. The Commission recommended that subdivision, partition. conditional use. and site development review proposals be reviewed by the Commission when the (PD) Planned Development) overylay applies. The staff concurs with this recommendation with the retention of partitions as an administrative review procedure p. 147 18.84.040(a)(5) Approval Standards for Sensitive Lands Add: " edestrian/bicycle pathway plan, unless the construction of . . .adopted p said pathway is deemed by the Hearings Officer as untimely." There are situations when construction of a path is not appropriate, particularly when it would become an isolated strip with no legal access. The Commission suggested that a bond be required for the improvements when installation is not practical at the time of approval. p. 148 18.84.040(a)(7) Add New Section: "The land within the 100 year flood plain boundary shall be dedicated to the public." This addition makes the Code consistent with policy 3.2.3. of the Comprehensive Plan. The Commission recommended referring to "land remaining within the 100 year flood plain" and staff agrees. ( p. 222 18.114.130(c)(2)(A) Wall Signs in Commercial Zones 1, "Allowable Area. Wall signs, including illuminated reader boards, may be erected or maintained but shall not exceed in gross area 15% of the total area of the wall face upon which the sign is attached." Page 5 Al This change is intended to clarify the term "building frons e" as pr-c�sent.l.y used The Commission felt the proposed modification was appropriate. A quwstion was raised as to how "wall face" would be interpreted in the case of a building design were the walls a staggered and two or more separate sections face the same direction. The staff would propose that each wall section be treated as a separate "wall face". (KSL:bs/2289P) IC Page 6 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: _1113/86 AGENDA ITEM #: Q DATE SUBMITTED: 1/8/86 PREVIOUS ACTION: ISSUE/AGENDA TITLE: _ Departmental R port5zAdministration PREPARED BY: Donna Corbet REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Departmental Reports/Monthly INFORMATION SUMMARY Attached are the Volunteerism Report through November, 1985 and the Metropolitan Area Communications Commission meeting agenda and minutes of the November meeting. Also attached is the November, 1985, Storer-Metro Construction and Cable Operations Performance Report. ALTERNATIVES CONSIDERED SUGGESTED AC'T'ION r; Receive and File MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council Date: January 8, 1986 FROM: Donna Corbet, Executive Secretary SUBJECT: Non-Staff Resources/Volunteer Report Category 1984-85 November _ 1985-86 % Change Boards & Committees: 2552.75 322.75 1,486.75 + 40% Volunteer Staffing 4173.75 330. 1,947.50 + 12% Federal Assistance 2660 112 835. - 25% Community Service 1676 54.5 403. - 40% Other 1300 55. Total: 12,362.50 819.25 4,727.25 - 8% (0961p) c METROPOLITAN AREA COMMUNICATIONS COMMISSI®N 12655 S.W. Center Street •Suite 390 •Beaverton. OR 97(X)S-1601 •(503) 641-0218 COMMISSION MEETING A G E N D A WEDNESDAY, DECEMBER 18, 1985 1 :30 P.M. BEAVERTON CITY LIBRARY - COMMUNITY ROOM 12500 SW Allen Boulevard // Beaverton, Oregon ✓I. CALL TO ORDER - ROLL CALL ,`II. INTRODUCTION OF MR. JERALD TAYLOR, Representative from City of Cornelius INTRODUCTION OF MAYOR LARRY COLE, Representative from City of Beaverton fZII. APPROVAL OF MINUTES Commission Meeting - Regular Session - November 20, 1985 V. VISITORS �. CONSENT AGENDA Items of the Consent Agenda will be passed by unanimous consent by the Commission with no separate discussion of the items unless members of the Commission request that specific items be removed from the Consent Agenda to the Regular Agenda for discussion prior to the time the Commission votes on the motion to adopt the Consent Agenda. A. November Financial Report (Enclosed) ,/VI . CONSTRUCTION AND CABLE OPERATIONS PERFORMANCE REPORTK(' f-"1 `7c, „u G.t A. November Report (Report to be Provided at Meeting) zti ti� CBS-p, iu s► VII. FRANCHISE AGREEMENT ADMINISTRATION '"�" "{ CT3'7.` --qS`�� MACC Resolution 85-05: (Resolution Enclosed) A Resolution Supporting Access Channel Interconnection With Adjacent Cable Systems z 1- MACC COMMISSION MEETING AGENDA December 18, 1985 VIII. ADMINISTRATIVE ACTIONS ,}- A. MACC Resolution 85-06: A Resolution Acting on the Auditor's Managment Report as Contained in the 1984-85 Annual Audit (The Resolution and information reports are enclosed. ) Establish Salary Range for Administrative Secretary Position J V5. (Report and recommendation are enclosed. ) vC. Information on Board Retreat (Report enclosed. ) JoY - D. �\pk ce—.A re Pc- A�o tAAcc Accc-s%CPMMANc4 IX. PUBLIC COMMUNICATIONS NETWORK �X_ ,42< Proposed Reedville School District Demonstration Project 1 (Report Enclosed) X. REPORTS AND INFORMATION A. November Government Access Report (Enclosed) B. Accountants Report on MACC's Internal Financial Procedures . (Enclosed) C. Letter from Dr. Lawrence Murr, Oregon Graduate Center, responding to the Board's concern that the Oregon Graduate Center's demonstration project was available to all businesses and public agencies in the franchise area. (Enclosed) .k1 vy n'\Ol���_ c-� R\�ES INCA WJT/tmm l -2- MACC COMMISSION MEETING AGENDA - Details December 18, 1985 VIII. ADMINISTRATIVE ACTIONS B. Establish Salary Range for Administrative Secretary Position: Recommendation: Administrative Secretary Salary Range: RANGE _ II III IV V VI Hourly $ 7.91 $ 8.29 $ 8.67 $ 9.05 $ 9.43 $ 9.8: Monthly $ 1372.00 $ 1437.00 $ 1503.00 $ 1568.00 $ 1634.00 $ 1699.0( ?1 Annual $16464.00 $17244.00 $18036.00 $18816.00 $19608.00 $20388.04 Methodology: The Administrative Secretary position combines secretarial and accounting functions. In larger jurisdictions, these functions are usually split with a secretary handling one and account the other. Consequently, I sought clerk or bookkeeper handling information on senior secretary and senior job and salary account clerk positions from the following organizations: City of Beaverton City of Hillsboro City of Gresham City of Tigard City of Forest Grove City of Lake Oswego City of West Linn Washington County Tualatin Hills Park & Recreation District Washington County Fire District No. 1 Wolf Creek Water District for these positions shows they are Comparing the salary ranges comparable with the rate either being the same or the senior account clerk slightly higher. The average for both positions 1,675/month is $1,325/month to $ . This is very close to the and Washington County salary scale propose wefor tuse the County'sh Senior salary Senior Account Clerk, and I scale. This Currently, the Secretary is compensated $1,404/monthly• fits between Step and II. Due to the increase in respin onsibilities because we now do all financial activitiesIII � .' house, I would place the Administrative Secretary at Step effective January 1 , 1986 if the salary scales are adopted. -3- 213 Al y FEW mom MACC COMMISSION MEETING AGENDA - Details December 18, 1985 C. Board Retreat: DATE: JANUARY 29, 1985 TIME: 1:30 p.m. to 8:00 p.m. LOCATION: JENKINS ESTATE Grabhorn Road at SW 209th Farmington Road Aloha, Oregon Tentative Agenda: Summary of MACC's Activities 1:30 pm - 2:30 pm: 2:30 pm - 5:15 pm: Goal Setting Mary Himmel, a consultant used by will many local jurisdictions, facilitate the setting of goals. 5:15 pm - 6:00 pm Liquid Refreshments Dinner 6:00 pm - 8:00 pm Dinner Speaker to be Announced -4- MACC COMMISSION MEETING AGENDA - Details December 18, 1985 IX. PUBLIC COMMUNICATIONS NETWORK A. Proposed Reedville School District Demonstration Project: In my opinion, the remainder of our demonstration project funds must be spent to attract users to the Network. In the past, we have appropriated funds to show how the Network can handle different forms of electronic communications such as video, voice, data and telemetry. Now we must tie our expenditures to projects to make the Network competitive with GTE or to seed I the development stages of maior projects. The Reedville School District project falls intoe he seroool d category. Proposed is a PCN data link connecting one in the District to the administrative offices where in turn the PCN link will be coupled into a telephone link connectedto he OTIS computer in Eugene. OTIS is the primary data processing element for all the school districts in the County. it provides processing of all student records and financial management and control. By providing a local demonstration link, we open the door for future work with the school districts and OTIS. Plans abound how OTIS is changing to a more decentralized organization. One has a number of mini-computers located in the County, serving student populations of 20,000. Another is for the Education School District to perform to OTIS functions on their computer under contract to OTIS. another is to bring the school districts' data communications to a central point where it can be multiplexed needofa and scenariosto ,1ethe PCNhigh couldspeed become lines. In each o the local transmission medium. The project is integral to future use of the PCN by school districts. They are currently apprehensive and frustrated about cable. Their expectations were high as a result of to them franchising and they were not met. We need to prove practical that cable can be°pfor them of the meansnd a to do that.le P demonstration Part The project costs are projected to be: Two Data Modems S2200-00 Cable Installation $ 800.00 TOTAL: $3,000-00-t- I recommend the Board approve this as a PCN Demonstration Project. -5- 1-' METROPOLITAN_AREA_COMMUNICATIONS_.COMMISSION MEETING MINUTES NOVEMBER 20, 1965 The regular monthly 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 1:45 p.m. on Wednesday, November 20, 1985. ROLL CALL: Present were: Mike Dowsett, Beaverton; Connie Fessler, Forest Grove; Tim Erwert, Hillsboro; Harry Olson, King. City; Bill Young, Lake Oswego; Herb Hirst, North Plains; Daniel Scheans, Rivergrove; James Rapp, Sherwood; Bob Jean, Tigard; Chair Robert Haas, Tualatin; Eve Killpack, Washington County; Kirk Flanders, Washington County; and William Tierney, MACC Administrator. Chair Haas introduced Mr. Kirk Flanders, new alternate representative from Washington County. APPROVAL OF MINUTES: Ms. Fessler moved for approval of the meeting minutes from the October 16, 1985 regular meeting of the Commission; Mr. Scheans .. seconded the motion; motion carried. VISITORS: Mr. Jim Long submitted a resolution from the National Federation of Local Cable Programmers-Northwest Chapter, which "strongly endorsed interconnection of cable systems with neighboring or adjacent cable systems as per franchise agreements and with community access channels interconnected on the universal/lowest tier and a uniform regional cable channel number. " CONSENT AGENDA: October Financial Report - MACC; Revised Job Description for MACC Secretary: Mr. Jean moved for approval of the Consent Agenda; Mr. Erwert seconded the motion; motion carried. Mr. Jean moved that the Administrator return to the Board with a recommended salary range for the Administrative Secretary; Mr. Dowsett seconded the motion. Mr. Erwert suggested Mr. Tierney act on this range now and recommend salary ranges for all MACC employees at a later date. Motion carried unanimously. CONSTRUCTION AND CABLE OPERATIONS PERFORMANCE REPORT: Octob�r__ReBorts Mr. Tierney reported that the Lake Oswego rebuild was complete with all subscribers now receiving the full 58-channel system. He noted that Storer Metro indicated few problems with the upgrade and MACC received few complaints. The rebuild was completed ahead of schedule and the Board will take formal action to approve the rebuild in December. 0 E r f METROPOLITAN AREA COMMUNICATIONS COMMISSION COMMISSION MEETING MINUTES - NOVEMBER 20, 1985 i� Approximately 200 right of entry agreements were signed for multiple development units. The number of service calls decreased in October with the number of service calls at 6. 5% as a percentage of subscribers. 94% of service calls were responded to within 24 hours, an increase from 89-90%. Mr. Tierney indicated Storer Metro is close to meeting MACC' s requirement of 95%. 19, 668 telephone calls were answered, average hold time was 2. 00 minutes with average minutes lines busy per day at 1.32 hours - as a percentage of a 9-hour business day at 85. 3%. MACC conducted independent technical tests of the Aloha system and substantial compliance was found, with a few problems already corrected or planned for correction soon. Mr. Tierney noted that there are no outstanding requests for service installations not done within sixty days of a request. Telaphone___Answering_ReQorta Mr. Tierney summarized the report made part of the Commission meeting packet, which resulted from the Hoard' s October request for the Administrator to examine Storer Metro' s telephone answering compliance with Resolution 85-1 and the Amendment to the Franchise Agreement (see report) . Mr. Tierney stated that two indicators were present to show the impact of the Aloha and Lake Oswego rebuilds on telephone answering: 1) Storer' s special phone line for Lake Oswego subscribers accounted for 25% of calls in October, with Lake Oswego' s subscribers being 12. 6% of total subscribers; and 2) The number of service complaint calls were up in both areas. In conclusion, Storer Metro is not meeting the requirements of the Franchise Agreement, however Storer has taken steps to improve their performance (increase in number of customer service representatives, training, number of telephone lines and business hours, and efforts to reduce the number of incoming calls) . Improved results are indicated in the October report which shows the lowest amount of busy time since records have been kept and improvement should be seen with the completion of the Lake Oswego upgrade. Mr. Jean asked if pay-per-view and the Trailblazer programs are tabulated in the number of phone calls received. Mr. Tierney responded that these type of calls are suppose to be received on a different line. Mr. Dan Murrell, Area Manager- and Vice President of Storer Metro, outlined four reasons for the large increase in number of phone calls received in October: 1) Upgrade in Lake Oswego; 2) Special Sales Promotion:; 3) Pay-Per-View; and 4) Phone Line Availability (now that the lines are not as busy, more callers are able to get through). Mr. Murrell noted that October' s report does not include weekends in the number of days for calls, but the November report will reflect these additional days due to the expanded weekend service. METROPOLITAN AREA COMMUNICATIONS COMMISSION COMMISSION MEETING MINUTES - NOVEMBER 20, 1985 ' Cf Mr. Jean commended Storer Metro for the reporting made available to MACC and the action they have taken to handle the large increase in October and still reduce the average hold and busy time, and stated that he hoped these improvements were moving Storer Metro in a profitable direction. Mr. Erwert agreed with Mr. Jean and commented that Storer Metro' s noncompliance with the service standards was probably related to the Lake Oswego upgrade and expects that customer service should return to a normal operating mode within 30-45 days. I Mayor Young from Lake Oswego stated that Lake Oswego was very pleased with how Storer handled the upgrade, confirming that the number- of complaints received is down, but asked if the Commission was going to monitor the telephone answering on an hourly basis. Mr. Tierney replied that an hourly monitoring was very difficult and the penalty per the amended Franchise # Agreement is based on daily monitoring. I t Chair Haas asked the Board on their decision of imposing penalties for the violation. Mr. Jean responded that he did not want to waive any rights or abilities concerning enforcement, but suggested no penalties at this time with no explicit waiver by the Board. Chair Haas noted that the general feeling of the Board was to wait a few months to review Storer Metro' s compliance with the customer service standards with no action to be taken at this time. FRANCHISE AGREEMENT AMENDMENT: Reparton__FranchiseAgreementAmer►dm�nta Mr. Tierney informed the Board that-the-Amendment (mailed to representatives as part of the meeting packet) was formally adopted on October 29, 1985 after Forest Grove (the last jurisdiction) approved it, and that Storer is currently in the process of signing the agreements. He commented that two of the major changes from the Amendment are noted below and will plan to discuss the changes relating to the Amendment at the Board Retreat in January. 1. MACC now has the responsibility for marketing and monitoring the Public Communications Network. 2. Construction requirements changed and some problems exist on how to E monitor Storer Metro' s compliance with the changes. Reeort_on_Lobbying_Effort_Regard(»g_Federal_Commu»ications_Cctimmissio» a Technical__ppEgifieations_ Mr. Tierney explained that a surprising victory had been wort. On October 31 the F. C.C. changed their direction and agreed that the technical standards on the F.C. C. books will remain and are enforceable by local governments, but the F.C.C. made it clear that they r will not enforce them. It was the first time in a long time that the F. C. C. recognized local authority, and it was due to the lobbying efforts, input from local governing bodies, etc. P E t c METROPOLITAN AREA COMMUNICATIONS COMMISSION COMMISSION MEETING MINUTES - NOVEMBER 20, 1985 Chair Haas questioned whether MACC' s technical standards are enforceable? Mr. Tierney responded that this is an arguable matter. F. C. C. standard= do not apply to 58 channel systems and even Storer Metro would probably agree that current F. C. C. standards would not be adequate for our system. However, the F. C.C. contends that only their standards are enforceable. Report_c!r�_ Add i t i.c�r�_of._"D i sccyery__Channe 1"_tg_Res i dent i a 1_Sut►scr i ber_Rlet work Chair Haas noted the letter from Dan Murrell to the Board (enclosed in meeting packet) explaining their intention to revise the channel line-up effective December 1, 1985 by adding the Discovery Channel to a currently "reserved" channel 48. No board action is necessary. Mr. Jean asked if the Washington County and Lake Oswego rebuilds were complete and operating satisfactorily and whether r r not tbro'thTijurisdictions are happy with the final result of the upg erney and the Jurisdictions responded affirmatively. Mr. Murrell added that on December 1, 1985 the Lake Oswego rates will be adjusted to comply with the rates charged for the Washington County system and January 1, 198E Aloha premium rates and Mountain Park rates will be changed so all rates systemwide will be uniform. Mr. Jean commented that by f January 1, 1986 the Commission will basically achieve what they set out to do. ADMINISTRATIVE ACTIONS: S9_bmission__of_June_30i_1985_Annual_Audit_and_Manager�rent_Lett.erq Mr. Tierney explained that all Commissioners were mailed copies of the Annual Audit and Management Letter completed by Kelley, Peck & Co. , P. C. and the Finance Committee had reviewed and discussed them. He noted that the Management Letter recommended that MACC maintain a record of its fixed assets. MACC does maintain such a record, but the auditor did not have knowledge of it at the time of the audit. Kelley, Peck also recommended that MACC consider inspection or audit of Storer Metro' s records for validation of the gross revenues reported to MACC. Mr. Jean questioned if annexations are correctly figured when calculating franchise fee disbursements. Chair Haas stated that Storer Metro' s records are audited annually. Mr. Murrell stated that Coopers & Lybrand audits their financial records and reports annually to MACC and they are certified each quarter. Ms. Fessler commented that there is no data available to suggest we take any more action than currently taken and questioned why the auditor suggested we do so, noting that Forest Grove never audits the records of other franchise holders. Mr. Erwert stated that having the Administrator review their records and verify that revenues are properly credited to the Jurisdictions could be beneficial. Mr. Jean agreed that spot validation would be a positive step and recommended Mr. Tierney return to the Board with his suggestion on how it could be accomplished. METROPOLITAN AREA COMMUNICATIONS COMMISSION COMMISSION MEETING MINUTES - NOVEMBER 20, 1985 Another recommendation by the auditor was that the Commission establish a formula to determine franchise fee distribution amounts to the ,jurisdictions that maintain sufficient cash balances to pay for current operations, and suggested distributions be made quarterly following receipt of the franchise fee payments. Mr. Tierney explained that this resulted from an overpayment to jurisdictions last quarter: $50, 000 was paid; $8,000 should have been distributed. Mr. Tierney will return to the Board with a suggestion on how to distribute the funds. The last recommendation was for the commission to consider establishing a special revenue fund to account for grant revenues and expenditures to 6 separate those funds available for operations and those restricted for :pacified purposes. Mr. Tierney explained that MACC handles two different grant funds: 1) Demonstration Project Funds; and 2) Public Access Grant Funds. The Demonstration Project funds account has increased by $193,000 for future demonstration projects. Mr. Tierney informed the Commission that his suggestion was to keep the fund accounting as it now stands but record them as restricted funds. The Finance Committee concurred. Basad upon the agreement of the Finance Committee, Mr. Erwert moved to have Mr. Tierney report on each recommendation of the Management Letter in resolution form to the Commission; Mr. Scheans seconded the motion. Motion carried unanimously. The Commission agreed that MACC staff should do some spot checking of Storer Metro' s financial records to verify that ,jurisdictions are correctly mapped out and franchise fees are being disbursed accurately. Board_Retreatt Mr. Tierney suggested MACC' s annual retreat be held again at the Jenkins Estate on Wednesday, January 29, 1986 from 1800 p. m. to 8:00 p.m. The Board agreed on the schedule and decided that the Executive Committee should meet prior to the next meeting and plan the agenda for the Retreat, i.e. MACC goals for 1986 and critical items for discussion. Establish_MACC_Public_9ommunications_Net,work_Demonstration_Rroappt_Fundq a _ ecessary_ AQeroeriations__ans3__Transfers_ Mr. Tierney stated that MkeN the amended Franchise Agreement changes the responsibility for funding Demonstration Projects from Storer Metro to MACC. Revenues to fund the projects will be the 3193,000 advance provided by Storer Metro in 1982 and f 1983, less the extraordinary expenses incurred by MACC during the renegotiation process which were estimated to be $26, 000. He noted that MACC has $92,638. 63 available to date (see explanation in meeting packet) . Ms. Fessler moved to appropriate the following; Mr. Rapp seconded the motion; motion carried: METROPOLITAN AREA COMMUNICATIONS COMMISSION COMMISSION MEETING MINUTES - NOVEMBER 20, 1985 $144, 523 to Restricted Revenues-Demonstration Projects-Account #30250. $ 21, 115 to Miscellaneous Revenues - Account #30100. $ 15, 115 to Professional Services (Administration) - Account #51511 $ 6, 000 to Professional Services (PCN) - Account #53511 $144,523 to Demonstration Projects - Account #54671 Mr. Tierney noted the handout regarding his recommendation that $18,000 be awarded to the Oregon Graduate Center for a two way interactive video project as part of the demonstration project grant funding. This would be the first two way video project, with the Center creating a two way video link between their campus and two or four business locations in Washington County. The Center will also be receiving financial support as grants from the Fred Meyer Foundation. The project has been underway for approximately a year. The first two remote sites will be Tektronix's Beaverton and Wilsonville locations. The first course is planned to be offered in January. Ms. Killpack moved to award a demonstration project grant to the Oregon Graduate Center for s18, 000; Mr. Scheans seconded the motion. The Commission expressed its concern that others be allowed to participate; not allowing use by gust one employer. Motion carried unanimously. Transfer X100_®0 to_Account_51512-_Franchise_Revenue_Due_Member Jursictionsc rMr. Tierney explained that a MACC check issued to the City id of Banks in June 1982 for reimbursement of expenses associated with the original franchise process was never cashed and requested the Board approve the appropriation to reissue to the check to Banks. Ms. Kilipack moved for approval ; Mr. Scheans seconded the motion; motion carried. ADDITION TO AGENDA= Resolution__of__the__MACC_Access_Committee_-_Resolution_#AR5®l.a Mr. Tierney noted that the Board had charged the Access Committee to review interconnection of access by Storer Metro with neighboring cable operators. He has discussed this possible interconnection with Mr. Murrell and explained that Storer Metro is interested, technically it can be accomplished and they support it. Mr. Jim Long, on behalf of the Access Committee, addressed the Board stating that the resolution was strongly approved by the Committee. He explained that the Franchise Agreement states that Storer Metro had until June 1984 to complete interconnection and i most other cable systems in the area are interconnected with access on channel 13 with TCI participating in Multnomah County but not Washington County. METROPOLITAN AREA COMMUNICATIONS COMMISSION COMMISSION MEETING MINUTES - NOVEMBER 20, 1985 C Mr. Jean informed the Board thAt Od►f€.1 MaEtl, MACC representative from Beaverton and Access Committee Chair, contacted him and expressed concerns regarding the structure of MACC and its committees. Mr. Jean stated that he was not comfortable with subcommittees passing resolutions and suggested the Board take the suggestion of the Committee and act at its December meeting in resolution form. He also recommended that part of MACC' s goals list be to complete an organizational chart for the Board and its committees and to communicate clearly with subcommittees and provide them guidance and direction. Mr. Dowsett agreed that the Access Committee' s resolution should be in the ' form of a recommendation. Mr. Long responded that this is a timely issue and the reason for the resolution was to receive more timely action in order for Storer Metro to have guidance on the planning and building of the interconnection to include access. Mr. Jean moved that Resolution A8501 be brought back to the Board as a recommendation in December, in order to allow Mr. Tierney to speak to the Access Committee and Mr. Murrell. Mr. Dowsett seconded the motion. Mr. Erwert asked Mr. Murrell if Storer Metro had any decisions to make regarding interconnection which they needed direction on today. Mr. Murrell responded negatively and commented that Storer Metro did not receive input on this resolution and would appreciate the opportunity to discuss it further. f Motion carried unanimously. REPORTS AND INFORMATION: October_Gov_ernment_Access_Report: (Enclosed in meeting packet. ) "Cablev_i5ion" Articie_on Storer_Communications' _Proxy_Reguest_to Shareholders _Concer-ning__Ssle_t® KKR: Mr. Tierney commented on the article and a recent~meeting with Storer Metro management. Future plans seem to be that Storer will attempt to improve their financial situation by the sale of assets, particularly a planned sale of a television station in Toledo. There being no further business, meeting adjourned at 3:07 p. m. Respectfully submitted, Robert E. Haas MACC Chair k k REH/ (TMM) /tmm Recording Secretary T. McIntosh (Meeting recorded by audio tape and videotape recordings) i BUDGET REPORT FISCAL 19B5-86 CLOSE DATE 30-Nov-85 RUN DATE 10-Dec-85 (-ETROPOLITAN AREA COMMUNICATIONS COMMISSION EXPENDITURES (SUMMARY) +t +rit+t+F* +fitit *af�tafa�tat BUDGET EXPENDED EXPENDED UNDER YTD MTD (OVER) PERSONAL SERVICES MACC ADMINISTRATOR 37850. 00 15780.60 4408. 80 22069. 40 41.61 COMMUNITY PROGRAM COORDINATOR 29078.00 11961.92 3309. 12 17116.08 41. 1- PRODUCTION ASSISTANT 16131.00 6636. 80 2022.40 9494.20 41. 1• SECRETARY 17264.00 6929. 55 1944.00 10334. 45 40. 1- EXTRA HELP 1000. 00 604.50 310. 00 395. 50 60.4' FRINGE BENEFITS 30878.00 11744.23 3082. 13 19133. 77 38.0• TOTAL PERSONAL SERVICES 132201.00 53657. 60 15076. 45 78543. 40 40. 5 MATERIALS & SERVICES OFFICE. EXPENSE 1900.00 1396.93 479. 34 503. 07 73. 5 SPECIAL DEPARTMENT SUPPLIES 2000.00 1076.83 38. 06 923. 17 53.8 MEMBERSHIP FEES 510.00 210.00 60. 00 300.00 41. 1 BOOKS/PERIODICALS/SUBSCRIPTION 500.00 240. 75 69. 00 259.25 48. 1 REPROGRAPHICS CHARGES 2750.00 1230. 44 98. 80 1519. 56 44. 7 IDVERTISING/RECORDING/FILING 500. 00 900.81 70. 00 -400. 81 180. 1 TRAVEL & SUBSISTENCE 3800.00 1358. 88 0. 00 2441. 12 35. 7 TRAINING 210e.00 785. 00 45. 00 1315. 00 37. 3 MEALS & RELATED EXPENSE 1200.00 354. 43 54. 19 845. 57 29. VEHICLE EXPENSE 2100.00 326. 26 122. 25 1773. 74 15. COMMUNICATION EXPENSE 3400.00 1879. 86 404. 27 1520. 14 55.2 EQUIPMENT EXPENSE 1250.00 199. 00 199. 00 1051. 00 15. S BUILDING EXPENSE 20372.00 9398.52 1566. 42 10973. 48 46. 1 GENERAL LIABILITY EXPENSE 7000.00 534.00 534. 00 6466. 00 7.E UNEMPLOYMENT INSURANCE 1000.00 0. 00 0. 00 1000. 00 0. Q WORKERS COMP INSURANCE 375.00 713. 97 0. 00 -338.97 190. Z. SPECIAL EXPENSE 800. 00 75.00 0. 00 725. 00 9. OTHER EXPENSES 0.00 0. 00 0. 00 0. 00 EF { PROFESSIONAL SERVICES 45115.00 194e2. 55 11412. 02 25712. 45 43.Q FRANCHISE REVENUE DUE MEMBERS 171250.00 41550.01 0. 00 129699.99 24.E csa=acaaa=c=am=xc=scars=�:sss==ss=as======ssszzn==t s TOTAL MATERIALS b SERVICES 267922.00 81633. 24 15152. 35 186288.76 30. 9 b BUDGET REPORI FISCAL. 1985-86 CLOSE DATE 30-Ntov-85 RUN DATE 10-Dec-85 'ETROPO!ITAN AREA COMMUNICATIONS COMMISSION CAPITAL OUTLAY OFFICE MACHINES 750. 00 159.95 0. 00 590. 05 21. 3. OFFICE FURNITURE 1200. 00 472. 00 Q:. Oqj 728. 00 39.3. VEHICLES 0. 00 0. 00 0. Or 0. 00 ER! COMMUNICATION EQUIPMENT 10600.00 1938. 77 1938. 77 8661•2.3 18. 21. TOTAL CAPITAL. OUTLAY 12550. 0q, 2570. 72 1938. 77 9979.28 20.41 TOTAL UNRESTRICTED EXPENSES 412673.00 137861. 56 32167. 57 274811. 44 33.4 s_==c__=.::_=__s==c=nococssaxa=CCg=�aa_=CZ_=�a�==__• CONTINGENL:'v 14000. 00 0. 00 0. 00 14000. 00 O.Qa RESTRICTED EXPENSE PUBLIC ACCESS GRANTS 6000. 00 1361.58 612. 68 4638.42 22. 61 DEMONSTRATION PROJECTS/GRANTS 15:5847. 63 995. 88 995. 88 154851.75 e►.6• ==o====cc=====c=axs==a=s==xaxxx=sxsrsscaacssasaasc: TOTAL RESTRICTED EXPENSES 161847. 63 2357. 46 1608. 56 159490. 17 1. 41 `-TOTAL EXPENDITURES 588520. 63 140219. 02 33776. 13 448301.61 23. 8 MF'TROPOLITAN AREA COMMUNICATIONS COMMISSION RESOLUTION 85-05 A RESOLUTION SUPPORTING AN ACCESS CHANNEL INTERCONNECTION WITH ADJACENT CABLE SYSTEMS WHEREAS cable subscribers, video producers, government agencies, and cable system operators will all benefit from interconnection of area cable systems; and WHEREAS the Cable Communications System Franchise Agreement between the jurisdictions participating in the Metropolitan Area Communications Commission and Storer Metro Communications: Inc. states that interconnection will occur with all cable systems in Multnomah. Clackamas and Washington Counties; and WHEREAS the City of Portland Cable Regulatory Commission, West Linn Cable x Advisory Board and the Multnomah Cable Access �rporation have all supported interconnection of channels; and WHEREAS Storer Metro Communicationso Inc. and Rogers Cablesystems of Portland are negotiating specific details for institutional interconnection; and WHEREAS interconnection will provide transiuission both to and from Storer Metro's facilities of regionally produced community programming; and WHEREAS cable channel 13 is evolving into a regional community access channel; and WHEREAS the MACC Access Committee has considered the issue of an access interconnect and recommends adoption of this Resolution. NOW THEREFORE BE IT RESOLVED By the Board of Commissioners of the Metropolitan Area Communications Commission as follows: 1. The MACC Board supports the concept of interconnection of local programming channels; and 2. Recommends that, upon successful interconnection, Storer Metro receives and cablecasts the regional access channel (channel 13) on the Residential Subscriber Network on channel 13; and 3. Encourages interconnection of local origination programming on channel 11; and 4. Recommends that Storer Metro participate in development of the channel, using their state-of-the-art technology to fulfill their franchise requirement for interconnection. Adopted by the Board of Commissioners of the Metropolitan Area Cortm mications Commission this 18th day of December, 1985. Robert E. Haas MACC Chair t { f REPORT ON FRANCHISE FEE DISBURSEMENTS AUDITORS MANAGEMENT REPORT COMMENT NUMBER 4 Franchise Fee Disbursements: Resolution 81-4 controls the disbursement of franchise fees. It states that forty percent (408) of the franchise fee chall be retained by the Commission and sixty percent (608) shall be distributed by the Commission to the member jurisdictions according to the amount of cable revenues generated within a jurisdiction and/or population. Revenues derived from the residential service network are distributed according to revenues generated within a jurisdiction and institutional network revenues are distributed by population. Section 3 of the Resolution speaks to the disbursements during the time that MACC administrative expenses exceed 408 of franchise fees. Essentially, it states that during this time, all revenue in excess of expenditures, which includes repayment of advances made by Storer Metro, is distributed to the jurisdictions. Disbursement Procedures Followed To Date: Franchise fees reached an amount for the first time during fiscal year 1984-85 to cover MACC administrative expenses and to have funds available for disbursement to the member jurisdictions. At the March 20, 1985 Commission Meeting, the Board approved a disbursement formula based upon revenues generated in each jurisdiction. Whenever funds became available, they were disbursed according to the formula. The Administrator determined when funds were available. Fifty thousand dollars ($50,000) was distributed in March, June and August 1985. This accounted for 528 of net franchise fees received during fiscal year 1984-85. Auditor's Management Report Recommendation: In reviewing MACC's financial records Kelley, Peck & Co. made two recommendations regarding franchise fee disbursements. The first is for MACC to establish a formula to determine distribution amounts that consider the cash needs for MACC's operations in July through _September. Second, is a recommendation to make quarterly payments to member jurisdictions. The first recommendation is designed to assure that MACC has cash on hand to meet its needs from July 1 to receipt of the first quarterly franchise fee payment in the new year. The first payment is due October 1. Presently, we budget an ending balance of $5,000. Their ,. recommendation is to have an ending balance of approximately $70,000. --�> Their second recommendation is to institutionalize the franchise fee disbursement to the same time as it is received. DECEMBER 1985 FRANCHISE FEE REPORT -1- MACC Board Options: 1. The issue of a beginning fund balance sufficient to cover MACC's first quarter expenditures comes down to a timing issue. During the last fiscal year, FY84-85, MACC budgeted a ending year balance of $5,000 and disbursements to the member jurisdictions of $162,000. Due to revenue shortfalls, the disbursement was reduced to $150,000. In reality, the ending year balance was $70,000. This occurred in large part because the final payment to member jurisdictions of $50,000 occurred in September. It was based upon franchise fees received in September which covered the last quarter of FY84-85. MACC staff viewed the $50,000 expenditure as a FY84-85 expenditure. The auditors did not agree and considered it a current year expenditure. I spoke to a number of member jurisdictions and it appears most accounted for the revenue as current revenues in this fiscal year. If we assume the payment to member jurisdictions made in September is a current year expenditure, we will have an ending balance in this fiscal year of $70,000; the payment to member jurisdictions will reach the budget amount and be received by the jurisdictions during the fiscal year. Payments to members last year will be $50,000 below the revised estimate (actual $100,000) . If we assume the payment to member jurisdictions is a prior year expense, the payment to member jurisdictions or some other expenditure categories in this year's budget will need to be reduced by $65,000 ($70,000 needed less the $5,000 budgeted ending balance). 2. Two options are available for disbursements: A. Make disbursements on a quarterly basis when franchise fee checks are received. B. Make an annual disbursement in the last quarter so that jurisdictions will receive their revenues prior to the end of the fiscal year. It should be noted that during the initial period when 60% of franchise fees are not fully available to member jurisdictions after MACC administrative expenses have been accounted for, the difference between franchise fee revenues and expenditures is distributed to members. If option A is followed, the percentage estimate of franchise fees contained in the budget can be used to determine the quarterly amount payable. From MACC's perspective, option B is the most advantageous. It insures cash flow will meet the administrative expenses and allows for more interest revenue to be earned. Option B will provide $3,300 more interest for MACC in FY85-86; $6,156 more in FY86-87; and $7,570 more in FY87-88. Of course, if the payments are made on a quarterly basis, the jurisdictions' cash flow and interest revenue will be improved. k DECEMBER 1985 FRANCHISE FEE REPORT -2- 4 METROPOLITAN AREA COMMUNICATIONS COMMISSION RESOLUTION 85-06 A RESOLUTION INED INNTHEE19841985SANNUALG UD; ��T & Co., P.C. were engaged by the Metropolitan Area WHEREAS, Kelley, Peck to audit the financial records for fiscal year Communications Commission (MACC) 1984-1985 and to submit a report to management; and WHEREAS, Kelley, Peck & Co. made four recommendations which are summarized herein; and 1. Maintain Fixed Asset Records 2, Inspect or Audit Storer Metro's Financial Records 3. Establish a Policy for Distributing Franchise Fees to Member jurisdictions 4. Establish Separate Funds to Account for Grant Monies; and WHEREAS, the Board of Commissioners discussed the Management Report recommendations at its meetings of November 20 and December 18, 1985; and WHEREAS, the Board of Commissioners determined it appropriate to respond to the Management Report by resolution. BY the Board of Commissioners of the Metropolitan NOW THEREFORE BE IT RESOLVED ._ Area Communications Commission as follows: 1. The Management Report comment regarding maintaining a fixed asset record is inappropriate because MACC currently maintains a fixed asset record which the auditor overlooked in its review. This is probably due to the fact that the record is maintained in the MACC offices, not at the City of Beaverton where the fiscal year 1984-85 financial records were maintained and kept. 2, The Board of Commissioners has instructed the MACCtorer Metro (hereinafter to verify that franchise fee revenues are being credited by S Grantee) to the proper member jurisdiction in which they are earned, to continue to agree gross revenues to Grantee's financial statements, to continue to estimate gross revenues by multiplying the number of reported ly billing amount and to report to subscribers by the reported average month the Commission in the future regarding the need to inspect Grantee's records. 3.(TA.,� The Board of Commissioners adopts the policy of establishing an ending year balance sufficient to cover Mo a omplishu this for ter of the new fiscal year year administrative expenses. To accomplish made in 1985-86,r the 85 a ���� 1985 86 expenditure considers the mise fee payment September OR A. The Board of Commissioners adopts the policy of establishing an ending year balance sufficient to cover MAC C's first quarter of the new fiscal ( ` year thestBoardvby motion will reduce expel 1985 , nditures by $65 fiscal000 year -1- DECEMBER 18, 1985 MACC RESOLUTION 85-06 Kom B. he Board instructs the MACC Administrator to disburse franchise fees by making disbursements on a uarterly basis ( within thirty (30) days of receipt of franchises from Grantee. OR . . . B. The Board instructs the MACC Administrator to disburse franchise fees by making disbursements on an annual basis the last quarter of the fiscal year so that the disbursements are received by the member jurisdictions prior to the end of the fiscal year. 4. The Board does not deem it appropriate to establish separate funds to account for grant monies as recommended because the amounts are not sufficient to warrant special funds and the current means of accounting for the grant monies puts them into restricted accounts which administratively, and from a policy perspective, accomplishes the purposes of establishing a special fund. Adopted by the Board of Commissioners of the Metropolitan Area Communications Commission this 18th day of December, 1985. Robert E. Haas MACC Chair 2 MACC RESOLUTION 85-06 -2- DECEMBER 18, 1985 N/IETROPOErrAN AREA + COMMUNICATIONS CONIl USSION 12655 S.W. Center Street -Suite 390 -Beaverton. OR 97005-1601 -(503) 641-0218 MACC GOVERNMENT ACCESS REPORT: November 1985 MACC PRODUCTIONS -- A Day At The Fair - A visit to the Annual County Fair in Hillsboro -- Chamber Special - Special coverage of the November 8 Beaverton Chamber of Commerce meeting , featuring Portland Mayor Bud Clark, speaking on economic development. _- November Election Coverage - Alphanumeric displays, as election returns were available. -- Washington County Public Affairs Forum - Four new weekly segments of the Forum, held in Beaverton. -- MACC Commission Meeting - The November 20 meeting of the Commission was taped and cablecast. MAC%: FACILITATED PRODUCTIONS -- Tigard and Beaverton City Councils - One meeting of each of these Councils was recorded and cablecast in November. -- Beaverton Planning Commission - The November 6 meeting was recorded and cablecast. MACC ACQUIRED PROGRAMMING -- "IN PRINT" - A series produced by the City of Beverly Hills, featuring interviews and insights into the world of literature, began regular cablecasts on channel 12. A new program will be shown each week, at four different times. -- NASA Series - MACC has arranged for a series of programs featuring NASA's space programs to be cablecast on channel 12. This will begin in January. GOVERNMENT ACCESS REPORT -1- NOVEMBER 1985 E PROJECTED MACC PRODUCTIONS -- -Safety Watch" - A new segment is being produced. -- "County Line" - MACC is reorganizing the format of this call-in program with Washington County. -- Boardsmanship Workshops - Two workshops, intended to inform council, commission and committee members on how to improve their effectiveness in these organizations, will be produced by MACC and the City of Tigard for playback on channel 12. These will be taped in December. DEVELOPMENTS -- Washington County Fire District No. 1 - Andy Beecher has been conducting a second series of workshops with the District to improve their production skills for use of the Public Communications Network. -- Jon Stine, formerly a teacher at Pacific University, has been announced by Storer Metro as the replacement of Jan Bussman as their new Community Services Director. Jan recently moved to Spokane, Washington. Jon has had extensive television experience and has worked closely with Storer Metro's Forest Grove Studio Manager and with the access facilities on the Pacific University campus. ACB/tmm GOVERNMENT ACCESS REPORT -2- NOVEMBER 1985 KELLEY. FECS & CO.. P.C. CERTIFIED PUBLIC ACCOUNTANTS 4150 S.W. 1 10TH AVE. BMAVFJxT0N.OHSX)ON 97005 (503)641-2400 PATRICK M.KELLEY.C.P.A. ALLEN PECK.C.P.A. CARL,.KOPACEK.C.P.A. December 3, 1985 DAVID W.SCHATZEL.C.P.A. Mr. Bill Tierney Metropolitan Area Communications Commission 12655 S.W. Center Street, Suite 390 Beaverton, Oregon 97005 We have performed certain agreedtuponhe procedures, tan as discussed below, to accounting records of Communications Commission as of October 31, 1985. r review ordwas made soley to assist you in establishing internal controls relating to the District' s new computerized accounting system and is not to be used for any otherpurpose. The procedures we performed and findings are as follows: 1. Compared the JulY 1, 1985 opening balances with the June 30, 1985 audited amounts. All discrepancies were investigated and corrected. 2. Reviewed the October 31, 1985 charts of ccounts and account balances. Discussed with Tammy McIntosh the purpose of several accounts and how those accounts are to be maintained. Several new acccoun srors we rinaddedbuo the chart of accounts and any e dget and actual balances were corrected. 3. Discussed the cash receipts, cash disbursemenrself . No ts ndstswpre payroll systems with Tammy stems noted above to performed of the accounting sy determine if the procedures were being performed as described. The internal controls ( if performed as described) are adequate for an operation such as the District and should detect any material errors or irregularities in amounts within a timely period. The only additional procedure we would recommend is for you, Bill, to observe every check before it is released and maintain a tape (list) of these checks and compare it to the cash disbursements journal each month. Page Two Mr. Bill Tierney December 3, 1985 4. Obtained copies of all computer generated journals and reports. Recommended that the cash receipts, sales, cash disbursements, payroll and general journals be maintained and filed by journal. Also recommended that a month end trial balance also be maintained. The Board of Commissioners should receive a balance sheet and year-to-date budget and actual statement of revenues and expenditures. The computer can currently generate all of these journals and reports. Because the above procedures do not constitute an examin•.tion made in accordance with generally accepted auditing standards, we do not express an opinion on any of the accounts or items referred to above. Had we performed additional procedures or had we made an examination of the financial statements in accordance with generally accepted auditing standards, matters might have come to our attention that would have been reported to you. This report relates only to the accounts and items specified above and does not extend to any financial statements of the Metropolitan Area Communications Commission taken as a whole. l•� A" OO a pnvate graduate school of science and engineenng OREGON GRADUATE CENTER office of Academic and Research Programs November 26 , 1985 William J. Tierney Administrator METROPOLITAN AREA COMMUNICATIONS COMMISSION 12655 S.W. Center Street/Suite 390 Beaverton, OR 97005 Dear Bill: I was indeed pleased to learn that MACC has awarded a demonstration grant to OGC to assist in our two-way Interactive Video project. We hope this will not only explore the networking of Washington County Business and with graduate education at OGC but also explore industry some the fundamental issues relating to video education at the technology frontiers. I will affirm that graduate video education nGand other special colloquia, etc. , originating from made available to any business or public institution where appropriate arrangements are made with OGC. Those arrangements would involve cable-ready sites and appropriate hardware/software and in some casts es graOGCnt It funding to offset prorated or specific was not our intention to establish two Tektronix sites but since they were the only company interested in setting up the pilot tests, we saw an opportunity to test a short and long run site arrangement on the network. We have hopes of having fourremoter these interactive business/industry sites. will be different business/industry sites. We can arrange for a variety of one-way transmissions to a variety of locations on the network, and of course, we are unsure how effective multi-site interactivity will be, or how to handle it in a graduate course. 19600 N.W.VON NEUMANN DR.•BEAVERTON, OREGON 97006-1999.5031690-1026 METROPOLITAN AREA COMMUNICATIONS COMMISSION STORER METRO CONSTRUCTION AND CABLE OPERATIONS PERFORMANCE REPORT N O V E M B E R 1 9 8 5 CONSTRUCTION: Multiple Dwelling Units: November October Units With S_,: ned ROE's Information 25,104 Not Provided Units Under Construction 801 Units Active 23,223 CABLE OPERATIONS: Number of Subscribers 33,541 Number of Premium Subscribers 37,742 �`- Number of Service Calls 1,978 As a Percentage of Subscribers 5-•9$ Percentage of Service Calls Responded 83.3% To Within 24 Hours MACC Threshold 95.0% Telephone Answering: Telephone Calls Answered 13,209 Average Per Day 695 Average Hold Time 1.60 Minutes Average Minutes Lines Busy Per Day 46 Minutes As a Percentage of a 9-Hour Business Day 8.5% MACC Threshold: Average Minutes Lines Busy Per Day 54 Minutes As a Percentage of a 9-Hour Business Day 10% Technical Quality: Line end reports provided by Storer Metro were received and show acceptable technical performance. Service Installations Not Done Within Sixty Days_ No outstanding requests. Letter to Tierney Page 2 I hope this will provide the assurances your Board is seeking. I' ll be in touch. Sincerely, L. E. Murr, 1 Director Office of Academic Research Programs LEM/jo cc: Vern Fowler Steve Kahne Norm Eder 1. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 13, 1986 AGENDA ITEM M: T; DATE SUBMITTED: January 8, 1986 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Monthly Report November-1985 Community Development PREPARED BY: W. A. Monahan REQUESTED BY: DEPARTMENT HEAD OK: �ZL' �' CITY ADMINISTRATOR: INFORMATION SUMMARY Attached please find the Monthly report for November, 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 4. Engineering Division Report 5. Operations Division Reports 6. Planning Commission Minutes 7. Transportation Committee Minutes ALTERNATIVES CONSIDERED SUGGESTED ACTION Accept and place on file. (0950P) i l -a MEMORANDUM CITY OF TIGARD, OREGON TO: Tigard City Council y January 8, 1986 FROM- Planning Division 4 L�/, 1M SUBJECT: Annexation Report for November, 1985 On November 25, 1985, the City Council adopted Resolution No. 85-96 which approved submittal of the 16.9 acre Northwest Tigard annexation to the Portland Metropolitan Boundary Commission. No other annexation activity occurred during the month of November. (EAN:br/2291P) a F t MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council January 8. 1986 FROM: William A. Monahan, Director, Community Development SUBJECT: Monthly Report - November, 1985 Attached please find the Monthly Report for November, 1985, prepared by the Department of Community Development. Elements of the report are: I. 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 November of 1984 and 1985: November, 1984 November, 1985 Single Family Permits 20 15 Multi-Family Permits (total Units) 0 0 Commercial Permits 1 4 Building Permit Fees $ 7,667.50 $ 8,171.00 Plan Check Fees 3,813.26 4,366.33 Plumbing Permits 1,810.84 2,587.50 Mechanical Permits 498.06 719.00 Sign Permits 135.06 115.00 Valuation $ 1,562,409.00 $ 1,807,375.00 Through the first eleven months of the year, activity compares to 1984 as follows: Jan - Nov 1984 Jan -- Nov 1985 Single Family Permits 184 259 Multi-Family Permits (total Units) 35 342 Commercial Permits 43 19 Building Permit Fees $ 110,774.79 $ 159,687.17 Plan Check Fees 51,066.10 69,906.20 Plumbing Permits 34,135.93 76,537.28 Mechanical Permits 5,465.02 9,782.15 Sign Permits 2,340.00 990.00 Valuation $25,879,712.00 $39,969,124.50 i �r _ r Building Building permit activity began to trail off, however, activity exceeded November, 1984. During the month of November, Brad Roast, A-Level Inspector resigned to accept a new position. Recruitment of his replacement was initiated. Economic Development Committee The Committee met with downtown property owners to discuss the possibility of formaing a downtown property owner's non profit organization. The Oregon Main Street program was discussed and will be investigated further to determine if Tigard can participate. (WAM:br/0950P) 4 MEMORANDUM TO: CITY COUNCIL FROM: COMMUNITY DEVELOPMENT DEPARTMENT DATE: DECEMBER 5, 1985 SUBJECT: BUILDING ACTIVITY REPORT FOR MONTH OF NOVEMBER, 1985 PERMITS ISSUED/KIND VALUE OF WORK PERMIT FEES new single family res. 15 $839,091.00 $4,543.50 residential alterations 2 18,080.00 155.00 new commercial 4 823,000.00 2,597.50 ' commercial alterations 9 127,204.00 819.00 structures other than buildings (fills) 2 -0- 56.00 King City-- i 3,000.00 38.50 (residential alteration) TOTAL 1,8LO,375.00 8,209.50 Plan Checks-- 29 4366.33 collected 4X surcharge on permits 327.52 collected Mechanical Permits 38 719.00 4%-28.76 Plumbing Permits 23 2,587.50 4Z-110.50 Signs 7 115.00 Sewer Inspections 17 590.00 Sewer Connections le 4,680.00 Amart/Wedgwood 5 1,800.00 Leron Hts. 6 900.00(sent to them) h, MEMORANDUM i CITY OF TIGARD t TO: William A. Monahan, Director of Community Development K FROM: Randy Clarno, Engineering Services Manager DATE: December 6, 1985 t SUBJECT: Engineering Monthly Report for November, 1985 Personnel Time in Function Function November t "s I. Private Development Services 8% A. Land-Use Application review . . . f, B, Improvement Permits (Subvd., 28% half-street, sewer & Delg• projects 5% Co Public/Agency assistance . • • 1% D. Property Vacations 42% e f II. Geographic Information Services 9% A. Mapping and Records B. Survey and Design 1% 1. P.W. Maint. Projects . • 2. City Wide Control . . . 9% 3, Capital Project Engineering . • 0% 19% III.Ca)ital Development Services 1% A. Public Fac. Master Plan review and update B. C.I.P. and L.I.D. Admin. assistance 2% 0% C. Street C.Z.P. assistance. • • • 3% IV. General Admin. & Misc. Personnel Reviews, training, staff meetings, Citizen committee support, Section management, Budget prep., union meetings, Computer 11% Master Plan, etc..-* 6% A. Urban Services Study (Metzger) V. Non- roductive time (Holida s vacations sick leave etc. 36% FY 84-85 FY 85-86 VI.Revenue Activity A. Engineering Service Fees & Charges NOVEMBER NOVEMBER 1,248.30 6,740.64 1. Improvement Permits (I.B) thru NOVEMBER thru NOVEMBER 18,372.97 60,354.30 B. Public Works Operations Fees & Charges FY 84-85 FY 85-86Nov- November 1. Streetlights 116.80 630.72 2. Traffic control Signing . . . • . . - 0 - 195.00 NEW PUBLIC IMPROVEMENT PROJECTS NOVEMBER 1. ARTHUR 6 ASSOC. - AMART-SUMMERLAKE 2 Phase 4 27 lots Located Springwood Drive and 127th NOTES FOR COUNCIL: This month we filled the Engineering Technician II position that was vacated back in August of this year and the Engineering Assistant/Cartographor position that was authorized by Council in September. (RSC:br/0840P) TIGARD ECONOMIC DEVELOPMENT COMMITTEE Minutes - November 19, 1985 Pioneer Pies Restaurant Members Present: John Savory, Chairman Tony Orlandini Amo DeBernardis Dick Cochran Jim Corliss Susan Clark Downtown: Allen Patterson, Jerry Cach, Mark Askele, Mary Gross, Geraldine Ball, Dorothy Jordan, Steven Glenn, Don Hansen, Wilbur Bishop Others Present: Jeanne Caswell, Bill Monahan, Deborah Stuart The minutes of the October 15, 1985 meeting were reviewed and approved as written. John Savory introduced the committee members and asked each guest to identify him or herself. John then summed up the committee's prior actions to determine community interest in a downtown improvement program. He asked those present to identify the type of participation which people would commit to to form a non-profit downtown organization. Allen Patterson expressed interest and stressed that the community and City are the same and must work collectively to improve the downtown. John asked for ideas on forming the non-profit organization. Don Hansen, who was involved in the earlier downtown organization, said that the earlier group was formed because of economic need. Forty active members were involved in the earlier group. Tony Orlandini then described the process used in Clackamas in a similar effort where realtors got involved early helping to put together a large effort. He stressed that articles which he has read indicate that there is a need to bring in someone from the outside to help form the effort. Don Hansen volunteered to take around a questionnaire asking people if they are interested in helping to form an organization and participate in it. Tony and John suggested that a one-on-ane discussion with property owners and businesses was the best approach to getting participation. John asked for volunteers to help organize the non-profit group. Don, Wilbur, Allen, and Jerry volunteered to work with John and the staff. Deborah Stuart, Assistant Planner with Tigard's Community Development Department, reported on her survey of Main Street Programs. She has researched the Main Street Program and found that 150 cities are now involved nationwide, with nine in Oregon. The program stresses• managing downtown as a business. It is a proven program with the ability to provide ideas on funding, design, and other areas. The steps involved in the program are (1) organization - the need to coordinate efforts of local businesses and government, (2) promoting and marketing - advertising and special events (3) design - working toward aesthetics such as facades, design, or public areas, and (4) economic restructure - survey the area to determine the type of businesses which best will fit into the downtown area, to recruit, and help new businesses with design. Also, to help existing business to prosper. The Main Street Program organization will provide speakers and technical assistance. Presently, Albany, Bend, Corvallis, Astoria, Coos Bay and Silverton are among the Oregon participants. Results in Oregon include 468 jobs created, 107 new businesses, and $5.3 million in commercial rehabilitation and construction. To participate in the program, the downtown must commit to a two-year program with specific steps. The fee is $10,000 which is one third of the program cost. In the second year, $4,500 is needed from the downtown. A factor considered for participation is the demonstrations of a real commitment by the public to be members of the organization. Amo suggested that John, Deborah and Bill visit with the staff of the Main Street Program and find out about the program. Jeanne stated that the Chamber would like to invite a speaker from the organization to also discuss the program at a Chamber function in January. Amo asked that the staff contact Leavenworth. Washington to find out how the City accomplished its' downtown success. Other ideas suggested included Jeanne's idea that Tigard Pride, Inc. may be willing to work with, and Susan's concept that TPI may choose the improvement of downtown as its' theme. Amo stated that participation in the improvement of downtown should not be limited to downtown businesses and property owners. He pointed out that businesses throughout the City would benefit from an improved downtown. Jeanne suggested that the Chamber can help in this regard. She also stated that the Tigard Business Quarterly in August will feature the downtown. The Committee will review the possibility of applying for the Main Street Program in July. The staff will also pursue the development of concept plans for the downtown, perhaps using student assistance from local universities. John brought up the need to get property owners involved in an organization and in improving or developing their properties. He asked for assistance in contacting reluctant owners. Mrs. Ball suggested that the committee speak with the Johnson family which originally started the former downtown development corporation. They may have some ideas and history to provide which may be of assistance to the Committee in forming a new organization. The Committee Action Plan for 1986 was presented by Bill for consideration. They main activity of the Committee throughout FY 1985-86 is downtown improvement. Susan suggested that the Committee involve civic organizations in reviewing the downtown plan so that community support may be obtained. No developers were present to discuss their plans. Jeanne suggested that the Committee contact Tri Met for the speaker to present what will be done at the Kadel property- for the new transit center. Mrs. Ball suggested that the committee look at Hillsboro to see what Tri Met did there. Discussion of possible sites for the placement of post office mail boxes occured. Bill's staff will look into possible sites on Main Street in front of A-Boy and on Cascade Blvd. Possible locations should have pull—out to assist in traffic flow. Possible sites will be forwarded to Tigard's Postmaster for a decision if the staff determines that the sites justify boxes. The meeting adjourned at 9:00 A.M. The next meeting will be held on Tuesday, December 17, 1985 at 7:30 A.M. at Pioneer Pies. (2225P) r k Om N m N r J r J rI JI �'V If' � O' m N� �I � mI h rn� M► m, m, WI i , ti ' I 1 1 � I { I �I A + 1 1 + I I + I , Co. a, sy. I N 2� >t ' V P N NV .i nl G !n• r po ~ � m Q) � N 1 ~ N m m +r• r I �1 � M I '� �c' n; m1 `rJ `� �I ✓V J `�1 0•l �; �` I ml v �_ �; m � ml I { — --t--I--•r---+—�-m m of o -m: I i 1�� pr r N J N� � N `f , ` •1 K,I J O .; �, u1 rn1 N O�I n � Nl, I q.al Im a' p yrt— Af- C'o ,D P , ' r I r• A � i ' � cr U: 001 F is v M N r r N O s M v .,y O u O 4F O V4 O N Y � 41 a H � w a r M �y w 6 d CG v c N w s e v w M F OG O a m � m V � N a Y a CO W F QQ Oh _ 2 O M YN1 N N W S.. .] w U p x c o v+ v •c O F O W N u1 N N O S .r af 1 In a0 w Co c0 N Y N N F~ x o g R v r v c .p co u+ W S m x O� A M1 O CO +1 D7 N N cln N N q CO N a0 a� y y� a 3 ado a of 3 a m 0 s t Y u d C 0. Y w N ? Y M P1 CO r .r P1 V1 H N < n n CD ao cc no Vf H co d w ti N N �i art C U — .7- .D o hN Nm m m 1r. M v v v v v 0 _I W W P O N r t•1 J' '_' I ' + I Ft1 I t I f i x 111jj c � I co t r 1 i A I I zi i 1 I 1 1 I 1 I I i • 1 , ., 1 I P SDI �I C4 N d� NI 9-4 I I I 1 t oll S •-) •-I I I I I I i O_ O I Q 1 1 I .p NI n �I dl r dl �t N! ( n ) N I a N( N I I I I ( ) A N V co In In co In J 10 P P 1u ... �1 .-.1 I I N N y 11 - Y'11 M n N N W W V V1) Or ba; •'O E to J W O N � 1 ) Ic n I 1 0 N P co W W N h N N P1 G �, n b I Y y\ n h C C1 r m N n "+ _ NI N 'Om a N N n cc m > M a P m� o� a d Sh m mI N. P m m m NI N N y 1 ; vs a A I a I o. a. 0.1 IL 1 1 i m -• � I I i ' i ' , Y YI C GI Yt yl .a� .w) Yj YI Y• Y� I - .•{ N V • •�' J I J� J V N I V I J Q V I d 61 1 I tll N I 1 I ! I { - O N I OI N '� W n I v'1 N O N N N •'•�' e+1 1 h , 1 101, W ' L 1 ' ( I � 1 � 1 I I I 7y N� fVI (��' N NI NI fVi N r\j (\i a PUBLIC WORKS OPERATIONS FUEL USED For Month of: November, 1985 DATE: (1PrPmhnr Q., 1985 Gallons Monthly Using Dept. Gallons X yr-to-date $ Amount Account Number PWWW1,090.3 171.75 10_21200-611 P W S T 496.6 542.9 1(}-21.300-611 PWS S 0 10-21500-611 PNP 110 614.1 10-21400-611 ADM 15.0 16.8 , 10.32000-611 ENC. 78.9 4 68.6 10_ 2400-611 8 LDG91.0 102.2 102200-611 PD 1,428.4 6,023.1 1,605,5 10-11200-611 PD 146.6 633.9 164.7 10- 11300-611 P.W. Admin. 1 10-21100-6 11 Fin. & Serv. 4.0 33.0 4.5 10-12100-611 Municipal Ct 1.5 29.6 1.6c 10-13000-611 Plan. & Deva 7.4 10-22300-611 Mayor & Coun. 16.6 10-31000-611 City Admin. .7 2-6 .75 10-12400-611 CD Admin. 1.6 12.8 1.8 10-20100-611 TOTAL 2,568.2 (1.124 per allon) t a N a Cl �rn M ID co M o� ON t!1 N cn Ln 00 �D N r-.T O N •• O M Ln O N M 00 n O ON CYN rl APr .-. 00 N 00 O H PG d w >4 vs c rn co co o Ln O+ T �7 N 00 O 0.�4 0 E. H Aj M rl �o �D M SX" cn O ar O in n �D a w a ar a > x 0 x a �` cn v as C C4 •• tv ow a a o a u 0 x C H L '.1 a C coM O N O O N 1= O M sQ O N O O n a 6 pa, H voi u�'1 N Le) o 0 0o O r- O O O v1 > 7 O C G Z W N Ln N M v1 O v cc .ti N x H x 0 Ln O N O O P. 0 in z � o^o w 04 0 N n DO QG � O C. a ' u a a q H H w y L w u nl H to 4 -A a a C O C 0 O m u to .n H D..n 0. w u a a YI v/ l0 10 l0 b a c0 a e0 -- a D O 0 H a a ol a o: a. 0 w w I H FNW MONTHLY REPORT C17YOFTIGAPOI WASHINGTON COUNTY.OREGON DATE: 12/9/85 FOR MONTH OF: November 1985 OPERATIONS OFFICE: WASTE WATER: 2.1.2 19.5 Hrs T.V. Inspection 78.0 hrs Sanitary Sewer Clean 2.0 hrs Storm Drain Clean 62.25 hrs Sanitary Repairs 40.5 hrs Catch Basin Maintenance 55.0 hrs Manhole Repairs 6.0 hrs Storm Drain Repairs STREETS 2.1.3 149.0 hrs Street Cleaning 4.5 hrs Patching 16.0 hrs Painting & Street Marking 290.0 hrs Sign Maintenance 61.0 hrs Brushing & Limbing 32.5 hrs Grading/Rocking 115.5 hrs Sanding PARKS 2.1.4 CITY EMPLOYEES GREEN THUMB LABOR 7.0 Hrs Mowing 3.0 Hrs Irrigation 42.5 hrs Restroom MAintenance 9.5 Hrs Restroom Maintenance 7.0 Hrs Litter Patrol 2.0 Hrs Ballfield Maintenance 10.0 Hrs Building Maintenance 13.0 Hrs Building Maintenance 80.5 Hrs Rec. Eq. Maintenance 68.5 Hrs Rec. Eq. Maintenance 23.0 Hrs Landscaping 9.0 Hrs Landscaping 15.5 Hrs Construction 18.0 Hrs Construction SUPPORT SERVICES 2.1.5 13.5 Hrs PM on Equipment 80.75 Hrs Scheduled Repairs 5.0 Hrs Unscheduled Repairs 3.0 Hrs Fabrication 106.0 Hrs General Support 12755 S W ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 12/9/85 tb PARK MAINTENANCE REPORT For Month of: November 1985 There was a total of 313 maintenance hours at C0OK PARK, with 4.0 hours irrigation maintenance, 47.0 hours restroom maintenance, 7.0 hours ballfield maintenance, 2.0 hours building maintenance, 189.0 hours rec. equipment maintenance, 34.5 hours landscaping and 33.5 hours construction. CITY EMPLOYEES GREEN THUMB LABOR Irrigation maintenance 2.O hrs 2.O hrs Restroom maintenance 29.0 18.0 Ballfield maintenance 2.5 4.5 Building maintenance 2.0 Rec. Equipment maintenance 89.0 100.0 Landscaping 23.5 11.0 Construction 15.5 18.0 WOODARD PARK: 17.0 4.0 SUMMERLAKE PARK: 3.5 2.0 JACK PARK: 1.5 2.0 FANNO CREEK PARK: 4.0 POLICE DEPARTMENT: 3.0 SUS STOPS: 3.0 COMMUNITY SERVICE WORKERS Month of : November, 1985 NAME Hours Worked WASHINGTON COUNTY: Steve Sommers 29.5 Dean Bergstrom 25.0 GREEN THUMB LABOR: Mary Mosely 44.0 Walt Van Tuyl 68.0 TOTAL COMMUNITY SERVICE LABOR 54.5 TOTAL GREEN THUMB LABOR 112.0 i f z s : E PLANNNING AND DEVELOPMENT r' REVENUE REPORT CITY PLANNING HEARINGS DIRECTOR"S DOCUMENT MONTHLY REVENUES COUNCIL COMMISSION OFFICER DECISION SALES Totals from July 1985 $450.00 $ 350.00 $1,000.00 $1,415.00 $187.35 GT ($3,402.35) Totals from Aug. 1985 150.00 3,200.00 -0- 2,715.00 94.65 GT ($6,159.65) Totals from Sept. 1985 -0- -0-• -0-- 675.00 229.30 GT($ 904.30) Totals from Oct. 1985 --0- 930.00 500.00 675.00 173.80 GT ($2,278.80) NOVEMBER Applicant Receipt # Wedgewood Homes 8715 220.00 (M) Schram Plastics 8709 500.00 (SDR/V) Greg Davidson 8828 150.00 (SDR) Tigard Ceramic 8870 75.00 (HOP) Kathy Budny 8882 75.00 (HOP) Lincoln Savings 8919 220.00 (M) Stearns Rockerie 8901 75.00 (HOP) Gunite Services 8939 300.00 (MLP) Is is 75.00 (SDR) It of (375.00)(Ck retrnd NSF) R.A. Gray 9309 800.00(CU/SLP) Document Sales misc. 26.75 Eng November Totals --0- -0- 800.00 1,315.00 150.40 GT ($2,265.40) TOTALS TO DATE: $600.00 $4,480.00 $2,300.00 $6,795.00 $835.00 YTD ($15,010.50) t KIM FYTD — November 1985 PLANNING COMMISSION DECISIONS DIRECTOR"S DECISIONS b CPA Comprehensive Plan Amendment (Also CC) 8 MLP Minor Land Partition 3 ZC Zone Change 10 SDR Site Development Review 2 ZCA Zone Change Annexation (CC) 8 V Variance 5 ZOA Zone Ordinance Amendment (Also CCO 5 TU Temporary Use 1 PD Planned Development 19 HOP Home Occupation 1 S Subdivision 8 M Misc. (Lot Line Adj . flexible setbacks) 1 SCE Sign Code Exception HEARINGS OFFICER DECISIONS 3 SL Sensitive Lands Permit 3 CU Conditional Use WM:bsO t MEMORANDUM TO: CITY COUNCIL FROM: COMMUNITY DEVELOPMENT DEPARTMENT r ' DATE: January 2, 1986 SUBJECT: BUILDING ACTIVITY REPORT FOR MONTH OF December 1985 NUMBER OF PERMITS/TYPE VALUE OF WORK PERMIT FEE PLAN CHECK 4x 18 new single family res. $1,027,966 $5,467.50 $3,044.03 $218.70 1 res. alterations 500 15.00 9.75 .60 1 new commercial(+ 1 sitework) 80,000 476.00 309.35 19.04 10 coml. alterations 455,000 1,626.50 1,222.03 79.63 misc. structures 1 other demolition,SFR -0- 15.00 -0- .60 TOTAL VALUE 1,563,466 1 King City comm'1 alt. 15,000 110.50 67.93 4.42 1 " Plbg. ---- 20.00 -0- .80 1 " Mech. ---- 14.50 -0- .58 36 Mechanical permits ---- 851.00 20.15 34.04 24 Plumbing Permits ---- 2,,295.00 --0- 93.00 6 Signs 130.00 22 Sewer Connections (20x) 5,460.00 20 Sewer Inspections (100x) 715.00 4 Amart/Wedgwood 1,440.00 5 Leron�Hts. 750.00 y � UDATEjanuary 10, 1986 72nd Draft copies of the final report were distributed in mid—December. Council consideration of the resolution accepting the final report and closing accounts is tentatively set for some time in February. 68th 6 Parkway Bids were opened and read 12/5/85. There were 37 plan holders and 10 bidders. The low bidder was Clearwater Construction of Portland in the amount of $419,1.25,70. The Engineer's estimate was $435,000. Two days before the bid opening, the Portland office of the Bureau of Labor informally contacted staff to inform of a technical error in the bid packet. According to the bureau, as of 1983, copies of Prevailing Wage Rates must be incorporated into all bid specifications when the advertisement for a public works contract is issued. The 68th bid document incorporated the existing rates by reference, which does not satisfy this requirement. Part of the explanation for this inconsistency is that up to now, due to an oversight on the Department of Labor's part, the City has not been on the mailing list for their Prevailing Wage, • • • and related publications, The City Attorney has advised that the bid mistake is a minor technicality as long as the low bid is based on prevailing wage and the correct wage information is included in the legal contract. In regard to the first _ item, the project engineer has confirmed that the low bid was indeed based on the Bureau's current prevailing wage schedule. In regard to the second, staff made a special effort to insure that the contract fully complied with the statute in question. Last week Willamette Savings informed of their decision to issue a mortgage release on the portion of the Pollock property needed for the project. The release is conditional upon Pollock signing an endorsement provision and paying off a percentage of the mortgage on the whole property. No difficulty is anticipated in Pollock paying the $3,000 required. The papers required from the White's have been received. These are part of the legal% on the Pollock property. As authorized by Council on December 16, a construction contract has been prepared and presented to Clearwater. A preconstruction conference dealing with their tentative timetable and other items will be held as soon as the contract is signed and returned. City execution of the contract is subject to the receipt of the above mentioned mortgage release. —Page 1— As a final item, in early December, the City received a letter from the Highway Division expressing concern regarding lack of information on the impact of the 68th extension on the 99W/69th Street signal and on 99W capacity levels. Staff's response has been to inform that information on the effect of the 68th improvement will be an outfall of.the ATEP Triangle Transportation study. Staff, at the same time, has pointed out that any mitigating measures that may be identified in the study, such as more turn lanes on approach or improved signals, would appear to be beyond the potential scope of the LID as set by the City. 68th Sewer L.I.O. N.Lhing new to report on this project. 135th L.I.D. No new information available. 74th and Cherry Sewer L.I.D_ Preliminary engineering report in progress. An informal meeting with property owners will be called within a few weeks. 100th and Inez As above, project feasibility under study. An informal meeting with property owners is due in late January or early February. Dartmouth L.I.D. No decision so far from the Court of Appeals regarding the Martin case. A design agreement with Wright Engineering is on tonight's agenda. It includes a provision that the City is under no obligation until it gives notice to proceed. +t' A Triangle transportation meeting was held on December 3. laking part were ATEP, ODOT, METRO, two project engineers and various City staff. Thus far, ATEP has completed an analysis of existing roadways, taken traffic counts on each of these, and completed initial loading on the computer program. The next step is to test via the program four alternative circulation patterns identified in previous Triangle studies. The weather has been unhelpful to progress on the study. A first draft is due around the end of January. Also set for January is a meeting with the neighborhood to discuss existing traffic problems. Hall/Burnham The project engineer is working on the final plans and profile sheets to go to bid. A schedule for completing the improvement was mailed to the City late last week. The need for State approval will add to the time required to carry out the project. Ken Elliot, with the City Attorney's office, is handling the acquisition of land. Last week Stu Cato met with Bob Keech, the traffic engineer, regarding the Hall/Burnham Signal CIP Project. -Page 2- Canterbury Signal So far no word from the Highway Department concerning setting the date for the next property owners' meeting. The subjects to be discussed will include the project engineer's design analysis and the status of funds. C.I.P. 'S Fanno Creek Park Flooding and poor weather has held up work on the project. Bridge railings will be installed next week. Shelter construction has been set over until the weather improves. Entrance bollards and signs will be installed at the end of February. 69th Sewer Lay out is scheduled for the first part of the week of 1/16. Information on other capital projects is included in a separate report on tonight's agenda. (2251P) —Page 3— E)vc rs! Y Atrffi Z - - _ lr0 I—ir � I -IJ T T rIli I_li.�iITll�r1i�l1�I1r1r1l)r 1�fllillirlf' { ( lllrllllltilh1i'll!T ► ill1larl+1I - i�llllNlrlr'+lalrl�llt(tlllelilll+llllltlr'I'elall — — ___ — - .. NOTE: IF THIS MICROFILMED -- __...-.) 2 .3 4 _ _ S s- _ 7 8 _. 9 i l _..-_-12� . DRAWING IS LESS CLEAR THAN THIS NOTICE. IT IS DUE TO -ME QUALITY OF THE ORIGINAL DRAWING. O¢- U BZ L2 BZ SZ -b2 EZ ZZ IZ OZ 61 BI -5r'-y} el ZI it 01 6 8 1 9 --5 I 1 c_ _-z - II ---M �Mirilll�llll�lllllllll�INIINN�1i111110t - 3 _ -- r _- _ - - r I. INITIATION 11. FEASIBILITY III- FORMATION IV. IMPROVEMENT V. ASSESSMENT VI- FINANCE AND CLOSURE 135�i-�Streei�'= t c�: CLtiraas/ Lndlutlon of May have co Property Interest Pay fee for the Opportunity to Elle u1th1SG[fe tact Opportunity to . Pay....seem In . Preliminary Ressonstrancea to cash or arrange to Owers with Ste Meeting y the FocutLou of Begin to arrange :Dreading of.saes.- B with Staff Pngfaaer's Report the District fluaelag us in writing Pay is in:eall.ent., . Pay asaau.<nt me billed � I 1 Prepare the Pre- publish and mail Prepare Final Plc. Prepare notice. �ante�r u_meet Infernal!eating ffiry Engineer's and Speen for the spreading Prepare bond f 'Y notices D 8 -- - utt4 property �wnrt Bid Prows of Is a.-t. prospectus owners Sead status letter Finalize,the . Bond Sale .LID Interest to property owners Engineer arYtwaY:Stie L-q Nswge thx Fubll:6 and Lt..Locket Engineer R T construction .end entices Pet t ea and appropriate NPO when uses a.a..-_ <` SSeS SCLT�,- Proper.the Final .,,__ _.. Report Key Adelnistrative Prelielury (Y$£]1 Sever-12 Actions Evalu[lon Priority Ranking by Scoff Arrange for p-1e2SSEd) Re.olu[icm by Local Contract Re rt "the[.oeQ Preparing the Review Board sotiflestion - aeeapta bide Staff and for ebe '7ZkI '' C'seel: ` Contcact Review Proposed....... for bonds by Public Hearing /� #'Burd to Award cote tPre=assessetT?.; the Contract resolution .Resoletion Resolution Ordinance • Closing 700th and Inez SeWeI Dlreeting Staff c of Intent snot "to Fore the Resoluti n aeeownes and .Ls Drapers the sa[Cfng the dtHail%ISUrnham Street Ateepting • ordlmamte apnadlmg n th and Chern Sewer Preueyy� for the Public - District the the asse.aunts rela...8 liens `Engineer's Repo. Hearing 'Street-, Final Report om all beneficed i- properties Docueant. LID Internet Prell.Laary, NocE.� ne ams pato Pettitan Fagfeear':Report gas.Auara.Cestan Notices BoreDraft Hood ProspectusFtallmtup Prea Cenatr. Ceetracc Ordlnaaca SpreadingRvalwtlan Report Status letterFinal import the Assassaents Resolution AcceptingResolution BasolutLet of PngReDortResolution Acceptie Htdm [or bonds to Ingot h.OrdOrda PontnR the Hwl Lles Docket proper Dlstric Report - _aro✓..._., .--.. •__.... _ '1Q���iRInIIIQIl11�!'Plil�j�l+}�QjQII,IifRlh _ — I I QQQ� eC7T11.1 ITQ)Y�r jr �. Oj Q9 iI I Tl � � I � �� i 1 e�IQ IIfQ Ilie ry:Iai f,��I i ILL Q I�r Q I I Q ISIt II1QI11QLi1QI1IQI1Itelm NOTE: IF'THIS — MICROFILMED .Q I .__.._..IZ .. DRAWING IS LESS CLEAR THAN laff TIL HIS NOTICE, IT IS DUE TO - THE QUALITY OF TIE ORIGINAL " . DRAWING. � - os sz eZ cz—az tt sz bz ez zziz oz sr 8-1-16-si SP 41 EQ zQ -QQ OI B' ® c -9 5--4 6 z �"Ots' p 'd101'1111�i1N11111'Itt1111UriH1�lU�Ut1111!(QjQ� • L I -• i L L L • ®MA.KUn 7 , 1090 .� l IORANDUM CITY OF RD, OREGON TO: Mayor and City Council December 26, 1985 FROM: Jerri L. Widner, Finance Director SUBJECT: DEPARTMENTAL SUMMARY — NOVEMBER 1985 -------------------------------------------------------------------------------- Reception: 6,491 phone calls and 2500 walk ins. Word Processing: 108 workorders; 12,233 pages--average turn around time 8.3 hrs. Purchasing: 50 purchase orders processed. Personnel: 3 recruitments, 9 hires and 4 terminations Claims: 3 new claims — report attached. Accounting: 311 accts. payable checks, 309 payroll checks, 547 cash receipts, 1387 sewer receipts, 1710 sewer billings and 275 rebills. r 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 closed w/o payment 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 7/20/85 Steven Bacon False Arrest claim reopened 3/16/85 Julie B. 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 9/24/85 Henninia Arias Tripped 6 fell on sidewalk pending 12/6/85 Cpl Johnson Damaged vehicle when parking pending 11/26/85 Lujon Apts Sewer back- ) pending (DH:pm/0886F) x i TlgAD LIBRAFM KJBLICPhone 639-9511 12568 SW Main-Tigard. Or.97223 MONTHLY REPORT November 1985 TO: LIBRARY BOARD CITY COUNCIL FROM: CITY LIBRARIAN WCCLS: The automation project is proceeding with vendor negotiations and the setting of circulation policies. At the same time the question of cities paying operation and maintenance costs as well as creating a replacement cost fund has raised some discussion and differences of opinion. Most participants, i.e. , the cities, do not favor picking up the operation and maintenance costs unless they are reduced for the period of the present levy. Some smaller libraries might be unable to participate. Some larger Libraries don't feel that this factor was fully discussed during the planning stages and therefore should be reduced as much as possible. Consensus is that inasmuch as the replacement cost was never discussed during planning that it should be deferred until a new levy is con- structed. Mayors and city managers met and have sent letters to the WCCLS Citizens Advisory Board and Donna Selle, WCCLS coordinator, expressing their views. In addition, they recommended delaying signing of a contract with a vendor until the ssues are settled. The mayors and city managers have also decided not to sign a new service contract for FY 85-86 and to continue under the interim contract in force. Volunteer Program: Jean Lindsay has offered to coordinate the library's volunteer program. She will begin in January 1986. Supplemental Budget: The budget committee approved use of WCCLS levy funds as presented. The library will return approximately $40,000 to the general fund. This budget included money for 1.25 FTE (total of 9) and $20,000 additional to the book budget. Library Furnishings: The delivery date for shelving and main furnishings was moved from January 15, 1986 to March 5. Quotations will be solicited for the remaining items. Book Security System: Two book security vendors made presentations. 3M is an electro-magnetic system and Check-point works with radio frequencies. After weighing both systems 3M seems to be the better choice for Tigard's purposes. It is believed that the radio frequency unit would suffer interference from the proximity of the police radio system. The Library Board has recommended that the 3M system be further studied and chosen if there are no problems. Personnel: Twenty-two volunteers gave a total of 261.50 hours; daily average 10.9. Six community assignees worked 48.5 hours; daily average 2 hours. Library Board gave 18.50 hours. Youth Services: A variety of programming was offered for all age groups. Halley's birthday was noted by 6th and 7th graders with a moon and stars program. Pre-schoolers had a session on book care during Book Week. Fourth and 5th graders had an after school program on "Indians of the Northwest." During Family Week there was a program on "Our Families." The second scheduled Toddler Time was "snowed out." Youth services librarian attended Oregon Library Association Children's Services one-day workshop in Salem. n ,,_ TIGARD PUBLIC LIBRaF.'� - MONTHLY REPORT - November 1985 -- ,nage Work Indicators: November 1985 November 1984 Adult Materials 5156 5587 Juvenile Materials 2954 2469 TOTAL 8110 8056 Days of Service 18 19 Average Daily Circulation 451 424 Increase/Decrease Circ 6% -13% Reference/Reader's Advisory 286 251 Story Time 79 (6) 43 Special Children's Program 92 (4) 84 Materials Added/Withdrawn 441/14 602/51 Borrowers'- New/Renewal 141/95=236 151/94=245 MEMORANDUM z CITY OF TIGARD, OREGON TO: City Council January 9, 1986 FROM: William A. Monahan, Director, Community Develoment SUBJECT; Consent Agenda Item 10.2 Item 10.2 - land Use Decisions has been removed from the Council Agenda, as there are no decisions to be reviewed for this Council Session. (WAM:br/2301P) ;T CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY / AGENDA OF: January 13 / 1986 AGENDA ITEM #: 0. ;4 DATE SUBMITTED: January 8 1986 PREVIOUS ACTION: Discussion on 12/16/85 ISSUE/AGENDA TITLE: Civil Infraction Ordinance PREPARED BY: William A. Monahan REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY The proposed civil infraction ordinance was discussed by the Council on 12/16/85. Action was delayed until January to allow for further staff analysis. Several issues have been raised by the City Attorney's office which require some analysis before the ordinance revisions can be adopted. As a result, the staff is suggesting that action be delayed until after the 1/13 meeting. The City Attorney will discuss issues with the Council at the 1/13 meeting. Please bring materials previously presented at the 12/10/85 meeting with you. Attached is a memo from Chuck Corrigan which outlines the issues. ALTERNATIVES CONSIDERED I. Discuss pending issues related to the Civil Infraction Ordinance with the City Attorney. SUGGESTED ACTION 1. Discuss pending issues related to the Civil Infraction Ordinance with the City Attorney. (2293P) O'DONNELL. RAMIS. DATE January 6, 1986 s ELLIOTT 8c CREW ATTORNEYS AT LAW TO TVR 1727 N.W. HOYT STREET PORTLAND, OREGON 97209 FROM CEC 15031 222-4402 RE Tiqard Civil Infraction Ordinance f f As we discussed, Bill Monahan and I have been working on the proposed civil infraction ordinance for Tigard. We agree that a the Council should be briefed on the major issues which must be j addressed in the process of finalizing such an ordinance. These S include: t 1 . Municipal Court Involvement. The city' s Charter is explicit in its requirement that the Municipal Court shall be the exclusive forum to consider all alleged offenses defined and made punishable by the TMC and of all actions brought to recover or &Kforce forfeitures or pefialties defined or authorized by the TMC. So long as the ultimate sanction of the civil infraction process is a fine, the forum will have to be the Municipal Court. We intend to address this by requesting the Municipal Court judge to issue an order delegating the judge' s authority to a code hearings officer. In conjunction with this delegation, we will need to ensure that the code hearings officer is working within the ambit of the Municipal Court, e.g. , the citation should include the court in its caption, the code hearings officer should report to the court on a routine basis, etc. Our initial determination was to not delegate the court' s contempt powers to the code hearings officer. Giving the officer the authority to impose monetary penalties is one thing . The sanction for contempt being incarceration, we are reluctant to delegate that authority. 2. Two-Stage Process. Bill feels strongly that any process we devise should have two components--an informal, non-adversarial opportunity for the city and the citizen to meet and discuss the city' s concerns and possible resolutions that would satisfy all. Only if the citizen failed to respond to the invitation for an informal meeting, or, if no agreement could be reached at that meeting, would the city then proceed to the infraction/hearing process. 3. Nuisance Abatement Within the Civil Infraction Hearing Process. The TMC now provides for a nuisance abatement process. Most nuisances are not of an emergency nature, and can be addressed through the civil infraction process. If the city is to retain the nuisance abatement process, which allows the city to take action to abate a nuisance, and which relies upon the City Council to be the determinative body, we need to develop standards to distinguish the "emergency" cases subject to the expedited nuisance abatement process versus the other cases which will go under the civil infraction ordinance. CEC:mch 1/6/86 Page 1 ' DATE Januar O'UONNELL.. RAMIS. I y 6, 1986 ELLIOTT & CREW ATTORNEYS AT LAW ! TO TVR 1727 N.W. HOYT STREET PORTLAND, OREGON 97209 FROM CEC (5031222-4402 RE Tigard Civil Infraction Ordinance 4. Violations to Be Subject to the Civil Infraction Ordinance. In addition to the "nuisances" subject to the civil infraction ordinance, the current draft also incorporates violations of the city's business tax ordinance and zoning ordinances. Should we make an exhaustive examination of the TMC to make sure we include all other regulations that the city mioht want to enforce with the threat of a fine? 5. Liens As the Enforcement Mechanism. Some concern has been raised with the reliance upon a lien on real property as the ultimate threat in a civil infraction situation. The concern is not whether the lien is legally enforceable; but, whether it has any impact as a threat, or if it is just ignored. The experience of other cities might be of some value. Both the Beaverton and the Portland civil infraction ordinances provide that such liens will be enforced in the same fashion as a street improvement lien. Is there any reason why this would not serve as a motivating factor ir. Tigard as well? 6. We will have to come up with a determination as to which violations fit within which of the three classes of civil infractions. 7. Building Code. While not directly related, we are also going to be working on updating the Building Code to incorporate the appropriate state or national standards. We should simul- taneously provide that violations of those standards are to be processed through the civil infraction ordinance. cc: Mr. Bill Monahan, Director of Community Development { CEC:mch 1/6/86 Page 2 I MEMORANDUM CITY OF TIGARD, OREGON T0: Members of the City Council January 9, 1986 FROM: William A. Monahan, Director,, Community Development SUBJECT: Murray Rd. Extension I met on January 8 with representatives of Washington County, Beaverton, METRO, and the State Highway Dept. to discuss the Murray Rd. issue. Andy Cotugno of METRO presented a number of calculations showing the possible traffic flow on the Murray Rd. extension given a variety of options. He attempted to factor in either option now being proposed by the Southwest Corridor Study as well as the impacts which can be expected if no improvements are made, but growth occurs as projected. t The numbers indicate that the majority of the traffic which is anticipated on Murray will be generated from within Tigard with a smaller percentage of through vehicles. The numbers reveal that the Murray Rd. extension will attract 269 vehicles, however, in addition, the road will be forced to take an additional 653 vehicles during peak PM hours if either Southwest Corridor option is not undertaken. Therefore, the bulk of the demand exists now, and will continue to grow. The numbers point out that an improvement is needed not only for regional transportation needs, but for local traffic. We attempted to define a number of parameters in which to work to reach a satisfactory alternative which would be acceptable to you, Beaverton, and the County. We agreed to maintain the standards in our earlier Urban Planning Area Agreement with slight modification. They are: i 1. Right—of-way shall be 60 feet (a proposed change would make this 70 where there is a need for a slope easement). f 2. The road improvement shall be 40 feet. 3. No "T" intersections. 4. Driveway access shall be limited, but not prohibited (the County would like to limit access to intervals of 150 feet). i f 5. Design speed will be 35 MPH. i 6. Bike lanes will be provided. k Fe Memo to Council January 9, 1986 —Page 2- 7. There will be two travel lanes plus turn lanes at major intersections. 8. No parking will be allowed on the road. Metro will develop additional information which shows the impact of a "'I" intersection or an alternative approach. The state will prepare a series of designs so we can visualize the options. A meeting will be held in the next = weeks so that we can prepare a joint recommendation for consideration by the City Councils of Beaverton and Tigard. (WAM:br/2306P) a CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 1/13/86 AGENDA ITEM #: DATE SUBMITTED: 1/8/86 PREVIOUS ACTION: N/A ISSUE/AGENDA TITLE: Board & Committee Reappointments PREPARED BY: Donna Corbet REQUESTED BY: Mayor DEPARTMENT HEAD OK: CITY ADMINISTRATOR: PAO POLICY ISSUE Reappointments to Tigard Economic Development and Transportation Advisory Committees. INFORMATION SUMMARY Reappointment of Amo deBernardis, Patrick Kennedy and David Clement to the Economic Development Committee. Reappointment of Mark Padgett and Dennis Hummel to the Transportation Advisory Committee. ALTERNATIVES CONSIDERED SUGGESTED ACTION Approve reappointments. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 13, 1986 AGENDA ITEM 0: DATE SUBMITTED: January 8, 1986 PREVIOUS ACTION: Acceptance of the ISSUE/AGENDA TITLE: 18 Month CIP 18 Month CTP on December 16, 1985 _ List PREPARED BY: William A. Monahan REQUESTED BY: DEPARTMENT HEAD OK: 'd — CITY ADMINISTRATOR: _., POLICY ISSUE INFORMATION SUMMARY The Council adopted an 18 month CIP list on December 16, 1985. One project inadvertently left off the list is the engineering work required to improve the Main Street bridge. The staff estimates that this work will cost approximately $30,000. Surplus Federal money for the Pacific Highway signalization project in the amount of $73,000 should be available to supplement our funds available for the CIP. The staff will present a modified list at a later date in light of County Gas Tax changes. ALTERNATIVES CONSIDERED 1. Accept the staff recommendations. 2. Maintain the existing 18 month CTP list without adding the Main Street Bridge. SUGGESTED ACTION Accept the staff recommendations. (2293P) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 13, 1986 AGENDA ITEM #: DATE SUBMITTED: January 9, 1986 PREVIOUS ACTION: Council Adopted A ISSUE/AGENDA TITLE: Modified Consulting Engineer's List in December Engineer's List PREPARED BY: William A. Monahan REQUESTED UY DEPARTMENT HEAD OK: CITY CITY ADMINISTRATOR: POLICY ISSUE Should the Council modify the presently adopted Consulting Engineer's list? INFORMATION SUMMARY The Council adopted a Consulting Engineer's List in December, which included ten engineering firms, My staff has suggested the addition of DCS, Development Consulting Services. This firm has been utilized by the City in the past year and performed satisfactory work. Some CIP projects are related to this prior work. A revised proposed list is attached. ALTERNATIVES CONSIDERED 1. Add Development Consulting Services to the Consulting Engineer's List. 2. Take no action. SUGGESTED ACTION Add Development Consulting Services to the Consulting Engineer's List. (2296P) MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council January 8, 1986 FROM: William A. Monahan, Director, Community Development SUBJECT: Revised Consulting Engineer's List The revised engineering consulting list suggested by staff is as follows, in alphabetical order: Compass Engineering Portland Cooper and Associates Tigard DeHaas and Associates, Inc. Wilsonville Drinkwater Associates Tigard Development Consulting Services Hillsboro KPFF Consulting Engineers Portland Lee Engineering, Inc. Oregon City // McKenzie—Saito Engineering Portland 1, Robert E. Meyer Consultants, Inc. Beaverton OTAK, Inc. Lake Oswego R. A. Wright Engineering Portland (2296P) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY l AGENDA OF: JANUARY 13, 1986 - AGENDA ITEM #: 0. ce DATE SUBMITTED: January 7, 1986 PREVIOUS ACTION: Ordinance No.s 82-13 ISSUE/AGENDA TITLE: STUDY SESSION 82-23 82-52. and 82-68 PRELIMINARY FINAL ENGINEERS REPORT PREPARED BY: J. WIDNER 72nd AVENUE AREA STREET IMPROVEMENTS REQUESTED BY: DEHAAS & ASSOCIATES DEPARTMENT HEAD OK: JLW CITY ADMINISTRATOR: POLICY ISSUE To continue with the policy adopted for the completion of local improvement districts. INFORMATION SUMMARY Attached is the preliminary final engineers report on LID 21--72nd Avenue Area Street Improvements for your review and discussion. Included in the report is a final assessment roll. According to our LID policy and ordinance a resolution showing the final assessment and calling for a public hearing is to be acted on. The resolution accepting the preliminary final engineers report and the final assessment roll is attached for this purpose. ALTERNATIVESCONSIDERED n/a 4 SUGGESTED ACTION I recommend passage of the attached resolution. rs-s. T$ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM S'UMIARY AGENDA OF: January 13, 1986 AGENDA ITEM #: _ 'n DATE SUBMITTED: January 8, 1986 PREVIOUS ACTION: Signing of Preliminary ISSUE/AGENDA TITLE: Darmouth LID Engineering Agreement in October 1985 (#40) — Engineering Contract PREPARED BY: Community Development REQUESTED BY: DEPARTMENT HEAD OK: �— CITY ADMINISTRATOR: POLICY ISSUE ------------ INFORMATION SUMMARY Attached is a copy of the Dartmouth LID Engineering Agreement developed by Frank Currie and revised by staff. The total cost figure is $109,982 plus construction inspection and special services. V. ALTERNATIVES CONSIDERED 1. Approve the proposed contract. 2. Approve a revised contract. 3. Do nothing SUGGESTED ACTION Staff recommends that Council approve the proposed agreement in order that engineering may proceed at such time as all the legal difficulties delaying this two million dollar project are overcome. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 13, 1986 AGENDA ITEM ##: , ®, DATE SUBMITTED: January 9, 1986 PREVIOUS ACTION: Acceptance of Improvements ISSUE/AGENDA TITLE: Maintenance Bond Subject to Certain Conditions (Mainz Period) Replacement for Carnahan's Addition PREPARED BY: Randy S. Clarno Subdivision. REQUESTED BY: Developer DEPARTMENT HEAD OK: �� `�"'� CITY ADMINISTRATOR: ma aaa:aaamamaa aaasxaaaxa xxxaaxx::aaaaaaaasaaaaxx smaaaaasaaxaaaaaaaaaaaaaaaa a ease POLICY ISSUE aamtaammaaaamaaaaaaaaaaaaaasaaaaaaaaamaaaaaamaaamasaamaasaaaaaam:a¢asaaaxaaaaaaaa INFORMATION SUMMARY Carnahan's Addition is a 13 lot subdivision located on S.W. North Dakota Street just west of S.W. 106th Avenue. The developer is requesting to replace the maintenance (cash) bond with another maintenance (cash) bond from another account. Attached is a copy of the original maintenance and the proposed maintenance bond. saaaaaaaa:s:saaaaamaaaamaaaaaaasassaamaaamas:amsaaaassaasaaassaeaaaaasaaaaaaaxa ALTERNATIVES CONSIDERED saaaaaaaaaaaaaaaaaaasaaaaassaaaaassasasaaaaaamaaaaamamamaaaaaasaaaaasaaaaasaasa SUGGESTED ACTION Engineering recommends that Council accept this replacement bond and authorize release of the original maintenance bond. I az AGREEMENT BITI tPOSITOR AND TRUSTEE ON SAVING._.000UNTS OR DEPOSITS V This agreement is• for the purpose of fulfilling the requirements of Subdivition Compliance Agreement dated 4-8-85 between the City of Tigard and Or-Ak Corporation and is entered into by the Depositor Russell.A. Krueger and Somers, Grove 6- Co., Inc Trustee. The undersigned depositor and trustee do hereby assign the right to the City of Tigard to.ditermine at its discretion the payment of all funds or securities held by Somers, Grove 4 Co-, Inc. Account 8 24798 as trustee in the amount of4l in Savings Account No. or Deposit No. or Time Deposit No. in the in accordance with and for the purpose of Bonding street improvemants ascribed in the abgvp stated Compliants • Agreement. It is underst*od and agreed that the Inc. will hold such funds or securities in the amount of 418,697.35 until an authorisation or direction for payment is received from the City of Tigard and that the City of Tigard has the right to withdraw Prinicipal Funds with City of Tigard signature only, in the event of Non-Performance. All fund deposits shall be renewable at maturity and at rates and terms in effect at the time of rensial, and all interest shall be paid to or accrued as directed by the Depositor notwithstanding anything contained herein to the contrary. That the account is to remain open until such time as all Public Improvements are completed and accepted by the City of Tigard. Signed and dated at Beaverton Oregon. This 11 day of June , 19 85 . ature of Depositor Address _ata A_w_ Rsbhwr Bl _d.. Y-1 Per and OR 97201 Signature of City of Tigard Address ACCEPTANCE, The undersigned hereby accepts the funds or securities deposited in the _..__.�.:_�----• amount of =19,627.35 this 11th day of June 19885, and hereby acknowledges receipt of M Panabook Savings Account No. or the Certificate for Deposit No. or certifiesthat there Is no Passbook issued for this account.i to n har agreed that said aateunt will be held for the uses and purposes above stated until authorisation for disposition is granted by the Cisy of Tigard. Account t 24798 Russel•1 A. Krueger - Tigard Carnahan's Addition Performance Guarantee Authorised Signature �L_M (1444P) t MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council January 13, 1986 FROM: Bob Jean, City Administrator SUBJECT: Council Goals for 1986-87 Prior to the January 11, 1986 Council Goals Workshop, Council had community and staff input from a City-wide Surve•.y, the Annual Town Hall Meeting, the Annual Audit and the Annual Performance Report, and a Workshop with City Department Heads. In response to community and staff input, Council then developed the following Goals for 1986--87 at the January 11, 1986 Goals Workshop. The Goals are shown in priority order with raw score priorities in parenthesis: 1. (23) Obtain an adequate New Tax Base 2. (19) Develop a Community Involvement and Information Program 3. (19) Support the Metzger/Washington Square Annexation to Tigard. 4. (15) Adopt a City Annexation and Urban Services Policy 5. (13) Implement a Transportation Program 6. (6) Support the Board and Committee Programs 7. (6) Expand Cooperative Intergovernmental relations Programs 8. (4) Support Downtown Economic Development 9. (3) Adopt a Parks and Recreation Program BJ:bs45 CITYOFTIIFARD January 13, 1986 WASHINGTON COUNTY,OREGON Chairman Wes Hyilembeck and Board of County Commissioners Washington County - Admin. Bldg. 150 North First Avenue Hillsboro, OR 97123 SUBJECT: Transportation Information Program Honorable Persons: The Tigard City Council, by unanimous vote on January 13, 1986, authorized the County to withhold up to $7,900 from City share of the County Gas Tax for Public Information on official County wide transportation issues. r_ Sincerely, John E. Cook Mayor JEC:bsA5 `s3 t 12755 S.W.ASH P.O. BOX 23397 TIGARD.OREGON 97223 PH:639-4171