City Council Packet - 05/07/1991
ca CITY OF TIGARD
w OREGON
25 TIGARD CITY.'COUNCIL A G E N D A
H BUSINESS MEETING
r MAY. 7, 1991 6:30 P.M. PUBLIC NOTICE: Anyone wishing to speak on an agenda item
TIGARD CIVIC CENTER should sign on the appropriate sign-up sheet(s). if no sheet is
13125 SW HALL BLVD available, ask to be recognized by the Mayor at the beginning
71GARD, OREGON 97223 of that agenda item. Visitor's Agenda items are asked to be
H two minutes or less. Longer matters can be set for a future
e+ Agenda by contacting either the Mayor or the City
Administrator.
6:30
• STUDY SESSION (6:30 P.M.)
7:30
1. BUSINESS MEETING (7:30 p.m.)
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Call to Council and Staff for Non-Agenda Items
7:35
2. PROCLAMATIONS (Mayor Edwards)
2.1 Emergency Medical Services Week - May 12-18
2.2 National Police Week - May 13-17
7:45
3. VISITOR'S AGENDA (Two Minutes or Less, Please)
7:55
4. 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:
4.1 Receive and File: Council Calendar
4.2 Support Road Financing Proposal Outlined House Bill 3559; Res. No. 91--Z
4.3 Participate in Program to Purchase Surplus Federal Property - Resolution No. 91-22
4.4 Approve Bonus/Merit Payment to City Administrator for Fiscal Years 89-90 and 90-91 -
Resolution No. 91-'? and No. 91-,'Ll
4.5 Authorize the Appropriation of Unanticipated Revenue - Resolution No. 91-2--F-)
4.6 Uphold Appeal and Deny Subdivision and Variance Requests for SUB 90-0007, VAR 90-
0011 (Waverly) - Resolution No. 91
4.7 Uphold Appeal and Deny Subdivision and Variance Requests for SUB 90-13, VAR 90-37
(Lautt) - Resolution No. 91-
4.8 Approve Resolution Authorizing Right-of-Way Acquisition for Gaarde Street Major Streets
Traffic Safety Improvement Bond Project - Resolution No.
4.9 Authorize Quitclaim Deeds for Existing Sanitary Sewer Easement, Resolution No. 91-
and Authorize City Administrator to Sign Easement Relocation Agreement
CITY COUNCIL AGENDA - MAY 7, 1991 - PAGE 1
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8:00
5. -COUNCIL DISUSSiION:
ORAL REPORTS FROM STAFF
REGIONAL ISSUES (INCLUDING TRANSPORTATION AND METRO GROWTH
GOALS)
POLICY ISSUES (INCLUDING WAIVERS OF NON-REMONSTRANCE
AGREEMENTS)
• City Administrator, Community Development Director, City Engineer
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9:15
6. NON-AGENDA ITEMS
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7. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the
provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property
transactions, current and pending litigation issues.
9:45
8. ADJOURNMENT '
cca57.91
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CITY COUNCIL AGENDA - MAY 7, 1991 - PAGE 2
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Council Agenda Item
T I GAR D C I T Y C O U N C I L
MEETING MINUTES - MAY 7, 1991
• Meeting was called to order at 6:30 p.m. by Mayor Edwards.
1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors
Valerie Johnson, and Joe Kasten. Staff Present: Patrick
Reilly, City Administrator; Ken Elliott, Legal Counsel; Ed
Murphy, Community Development Director; Catherine Wheatley,
City Recorder and Randy Wooley, City Engineer.
• EXECUTIVE SESSION: The Tigard City Council went into
Executive Session at 6:35 p.m. under the provisions of ORS
192.660 (1) (d), (e), & (h) to discuss labor relations, real
property transactions, current and pending litigation issues.
• Regular meeting reconvened: 6:45 p.m.
STUDY SESSION NOTES
MURRAY BOULEVARD: Staff updated Council on the status of a
Memorandum of Understanding between Tigard, Beaverton and
Washington County regarding the extension of Murray Boulevard.
After negotiation with Beaverton staff on wording, the preliminary
draft was approved. (A copy has been filed with the Council packet
material.) The County has not yet responded. The area NPOs have
reviewed, but no formal response has been received.
The Beaverton Council and Washington County Board must formally
consider the document. Tigard City Council will be reviewing on
June 11.
NON-REMONSTRANCE POLICY ISSUE: City Engineer reviewed current
practice for street improvements as new development occurs.
Generally, street improvements are provided by one of the following
methods:
1. Require developer to build.
2. Require developer to partially build (2/3 or 1/2 street
improvements).
3. Collect dollars to build later.
4. Builder signs a non-remonstrance agreement; property
owners will pay later (i.e., formation of a Local
Improvement District).
CITY COUNCIL MEETING MINUTES - MAY 7, 1991 - PAGE 1
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City Engineer offered that it may be best to obtain dollars at the
beginning of the development process and set the funds aside for
future improvements.
Council discussion followed on aspects of collection of the funds
and the necessity of working through to assure proper accounting
procedures are followed. There was brief discussion about
successes experienced by other cities using this method to improve
streets.
Council agreed staff should collect more details on how a fee
collection system would function in Tigard and report back to
Council.
ODOT - 99W WIDENING PROJECT: Community Development Director
submitted a memorandum concerning establishment of an Advisory Task
Force, to be appointed by the Tigard City Council, to keep the City
informed about the ODOT/99W widening project.
After discussion, Council consensus was to establish the Task Force
with membership consisting of the following representatives:
No. of Members
City Council 2
Planning Commission 1
Transportation Committee 2
Chamber of Commerce 1
Affected Businesses 2
Citizens at Large 2
City Staff 1
BUSINESS MEETING
2. PROCLAMATIONS: Mayor Edwards read the following proclamations
for the record:
2.1 Emergency Medical Services Week - May 12-18
2.2 National Police Week - May 13-17
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3. VISITOR'S AGENDA: No visitors present.
CITY COUNCIL MEETING MINUTES - MAY 7, 1991 - PAGE 2
,F 4. CONSENT AGENDA:
1..
Motion by Councilor Johnson, seconded by Councilor Kasten, to
approve the following Consent Agenda items:
4.1 Receive and File: Council Calendar
4.2 Support Road Financing Proposal Outlined House Bill 3559;
Res. No. 91-21
4.3 Participate in Program to Purchase Surplus Federal
Property - Resolution No. 91-22
4.4 Approve Bonus/Merit Payment to City Ad.T.inistrator for
Fiscal Years 89-90 and 90-91 - Resolution No. 91-23 and
No. 91-24
4.5 Authorize the Appropriation of Unanticipated Revenue -
Resolution No. 91-25
4.6 Uphold Appeal and Deny Subdivision and Variance Requests
for SUB 90-0007, VAR 90-0011 (Waverly) - Resolution No.
91-26
4.7 Uphold Appeal and Deny Subdivision and Variance Requests
for SUB 90-13, VAR 90-37 (Lautt) - Resolution No. 91-27
4.8 Approve Resolution Authorizing Right-of-Way Acquisition
for Gaarde Street Major Streets Traffic Safety
Improvement Bond Project - Resolution No. 91-28
4.9 Authorize Quitclaim Deeds for Existing sanitary sewer
Easement, Resolution No. 91-29; and Authorize City
Administrator to Sign Easement Relocation Agreement
The motion was approved by a unanimous vote of Council
present.
5. COUNCIL DISCUSSION:
REGIONAL URBAN GROWTH GOALS AND OBJECTIVES (RUGGO): Community
Development Director distributed his May 7, 1991, memorandum
(written to Pat Reilly) summarizing the status of the proposed
RUGGO document. There was Council discussion on the findings
outlined in the memo and the process followed. The next step
is formation of a policy advisory committee consisting of 19
people. Tigard, as part of the region will be represented;
however, the representative may not necessarily be from the
City of Tigard.
City Administrator commented that a coalition of cities in the
region is forming to address regional concerns.
PLANNINGITRANSPORTATION ISSUES: City Administrator requested
Council, for future discussion, think about the role of the
Planning Commission and Transportation Committee.
Increasingly, there are instances where the two groups
consider issues which need a more integrated review. The
possibility of combining the two committees would be a
consideration.
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CITY COUNCIL MEETING MINUTES - MAY 7, 1991 - PAGE 3
6. NON-AGENDA ITEMS: None
7. ADJOURNMENT: 8:00 p.m.
Catherine Wheatley, Ci4ty Record
Att t•
Mayor, ity of Tigard
Date • ! ~.~L f
ccm57.91
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CITY COUNCIL MEETING MINUTES - MAY 7, 1991 - PAGE 4
TIMES PUBLISHING COMPANY Legates 7969
P.O. BOX 370 PHONE (503) 684.0360 Notice
BEAVERTON, OREGON 97075
Legal Notice Advertising
C] Tearsheet Notice
City of Tigard 9 13 Duplicate Affidavit
P.O. Box 23397
Tigard, OR 97223
The following meeting highlights are published for your information Full
disn'A' b' 'btained from, the
Boulevard, Tigard, Oregon 97223, or by call n 639-4171 125 S W' Hall
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, ~C1TY COUNCIL BUSINESS MEETING
COUNTY OF WASHINGTON, jss' iTIGARD991.
TIGARD CITY,
.
$TOWN ALL
I, Judith Koehler ~ 13125 S W HALL BOULE'✓ARD, TIGARD, OREOON
being first duly sworn, depose and say that I aq~ a Advertising i = y'
Director, or his principal clerk, of the-_lY ~deS ,Study Meettng (Town Hall Conference Room) (6 30 g m)
a newspaper of general circu tion aS defined in ORS 193.010
and 193.020; published at ~1Ra in theB Meeting (Town Hall) (7x30 p m )
of B ai`fCo coun n state that a Proclamapon Etnergcncy~Medical Sernces Weep (May 12-J8j
Di y unc'If &ussitiess eeting
5
Local Contract Review Board Mgetirtg -
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for One successive and Executive Session nTh2igarl Gity Council will om#o Executive yes
t sion under ttie pibovs~oins of ORSt~l92 660,(i):.(d, (e); & (h) ;to~discuss
consecutive in the following issues: Tabor relation`s, real property transactians,'currert and.pending litigation`
issues
May 2, 1991 7 7 7
iTT7969 Publish 1V1ay`2`13~`=*f> L at:1 "~ri. fps r1
Subscribed and sworn before me this 2nd day of May 1991
Notary Public for Oregon
My Commission Expires:
AFFIDAVIT
s
AGENDA ITEM NO. -3 - VISITOR'S AGENDA DATE: 517 lqr
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(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The
Council wishes to hear from you on other issues not on the agenda,
but asks that you first try to resolve your concerns through staff.
Please contact the City Administrator prior to the start of the
meeting. Thank you.
NAME & ADDRESS TOPIC STAFF CONTACTED
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MEMORANDUM OF UNDERSTANDING DRXF
REGARDING THE EXTENSION OF
MURRAY BOULEVARD AND WALNUT STREET
This memorandum of understanding between Washington County, the
City of Beaverton, and the City of Tigard is intended to document
the mutual understanding regarding the schedule fox implementation
of a portion of the existing Urban Planning Area Agreements between
the County and the two cities, in order to assure an orderly and
coordinated development of the transportation system in accordance
with adopted planning documents.
RECITALS:
1. In December of 1988 an Urban Planning Area Agreement was
executed between Washington County and the City of Beaverton.
In the same month, a similar Urban Planning Area Agreement was
executed between Washington County and the City of Tigard.
Both Agreements provide for the extensions of Murray Boulevard
and Walnut Street to form a collector street connection
between the two cities. No schedule is specified for
completion of the street connection.
2. The Washington County Transportation Plan, adopted in October
of 1988, calls for the extension of Beef Bend Road as a minor
j arterial to connect between Scholls Ferry Road and Sherwood.
This road extension is also recommended in the Southwest
Corridor Study Report adopted by the Metropolitan Service
District Council on May 28, 1987.
3. The Southwest Corridor Study Report recommends that the Murray
Boulevard extension not be completed until the Beef Bend Road
extension is completed. Completion of the Beef Bend Road
extension is considered necessary in order to discourage the
use of the Murray Boulevard extension as a through route
between Scholls Ferry Road and Highway 99W. The Southwest
Corridor Study Report suggests that the portion of the Murray
Boulevard extension to be delayed is the portion between
Walnut Street and Gaarde Street. The parties to this
agreement have previously supported the recommendations of the
Report.
4. The Southwest Corridor Study Report, while very specific in
some aspects, is considered by the parties to be a generalized
public facilities planning document. As the parties have
undertaken further planning for the affected area and observed
development patterns in the area, it has become apparent that
the Southwest Corridor Study Report objective of discouraging
1 1 - MEMORANDUM OF UNDERSTANDING REGARDING THE EXTENSION OF MUMMY
BOULEVARD AND WALNUT STREET i
DRAFT
- DRAFT
the use of the Murray Boulevard extension as a through route
pending the completion of the Beef Bend Road extension can
best be implemented through a modified approach to the one
described in the Corridor Study.
S. In discussions between the Cities of Beaverton and Tigard, it
has been determined that all portions of the Murray Boulevard
extension need to be completed in conjunction with development
of the adjoining properties in order to (1) comply with the I
intentions of the Urban Planning Area Agreement and (2)
provide adequate traffic circulation in the developing areas.
Engineering review has further identified that the opening of
the roadway to through travel between Old Scholls Ferry Road
and the area south of New Scholls Ferry Road can be deferred
until the completion of the Beef Bend Road extension or for at
least five years from the date of this agreement.
AGREEMENT: j
1. The portion of the Murray Boulevard extension between Scholls III
Ferry Road and Old Scholls Ferry Road shall not be opened to i
through traffic prior to the completion of the Beef Bend Road
extension to Sherwood. Physical construction of the roadway,
will be permitted, but the actual connection for through
traffic will be impeded by the use of barriers or other
effective devices approved by all parties to this agreement.
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2. Washington County shall actively pursue funding for
construction of the Beef Bend Road extension. The Cities of
Beaverton and Tigard shall support the County in this endeavor
3. This memorandum of understanding shall remain in effect until ii
amended by mutual agreement of all parties.
WASHINGTON COUNTY
By: Date:
CITY OF BEAVERTON
By: Date:
CITY OF TIGARD
By: Date:
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2 - MEMORANDUM OF UNDERSTANDING REGARDING THE EXTENSION OF MURRAY
BOULEVARD AND WALNUT STREET
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MEMORANDUM ~C~LtI~ t~ SC55~ vy~
\ CITY OF TIGARD, OREGON
TO: Pat Reilly
FROM: Ed Murph
DATE: May 7, 1991
SUBJECT: 99W Widening Project
This memo relates to the 99W Widening Project being proposed by
ODOT, and proposes the next steps in the process.
1. Establish an Advisory Task Force: The members would be
appointed by the Tigard City Council with the consent of
ODOT. The structure would be made up along the following
lines:
Members
City Council x Z
Transportation Committee 2
Chamber of Commerce 2
Affected Businesses 2
F6Anomic Remel opmen---C~m {ate-y -
NP'6 1--
Ci~y ~tz`-t~b J I
The task force would have the following charge:
A) Review other options to the widening project. Consider
whether or not this project as currently envisioned best
meets the long range transportation and development needs of
the City, or whether there are better alternatives available
which should be more seriously considered.
B) Facilitate Communication Between the City, the public and
ODOT: This would entail:
1) Recommending methods to ODOT on the best way to present
information about the project to the general public,
affected businesses, and property owners, and;
2) Serve as liasons to City boards and committees and
community groups and organizations to keep them informed
and to provide for feedback to the City and ODOT.
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C) Review an Overall Concept Plan. Provide review and comment
on a concept plan for Pacific highway between Walnut Street
and I-5.
D) Review Design Details: The task force would review and
comment on specific project design issues. This would
include:
1) The roadway design and access issues, including access
impacts on adjoining properties and how access can be
improved to the Tigard Downtown.
2) Review and comment on urban design elements that should
be part of this project such as pedestrian facilities,
street, trees and landscaping, lighting, mass transit
facilities, etc.
E) Review Redevelopment Strategies: if implemented, this
project will have significant impacts on the commercial
character of Highway 99W. Therefore it will be necessary for
this committee to review the re-development options and
methods available, and propose strategies to the City
Council.
rb/lodot.99w
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MEMORANDUM
CITY OF TIGARD, OREGON
TO: Pat Reill'
FROM: Ed Murphy
DATE: May 7, 19 1
SUBJECT: RUGGO
This memo will summarize the current status of the proposed
Regional Goals and Objectives document. This report is a follow-up
to the last discussion the City Council had on the proposed RUGGO
document at their December 10, 1990 meeting.
TIGARD'S PROCESS CONCERNS WERE ADDRESSED FULLY
THE TIME TABLE HAS BEEN SLOWED DOWN. Instead of adoption in
December, 1990, or prior to the Metro Conference in March, the
RUGGO document will now be considered by the Metro Board in August
or September, 1991.
THE PROBLEM HAS BEEN MORE CLEARLY ARTICULATED. The document begins
with a three page "background statement".
THE IMPLEMENTATION PROGRAM HAS BEEN CLARIFIED. It is now clear
that RUGGO will not be directly applicable to local comprehensive
plans, but will require the development of separate "functional"
plans on specific subjects. A "regional policy advisory committee"
is being established, and a work program has been proposed, both of
which will serve to guide the next steps.
THE ROLES AND RESPONSIBILITIES HAVE BEEN MORE CLEARLY DETERMINED.
A new section on implementation roles is now included in the
proposed draft.
NEI
TIGARD GENERAL ISSUES ADDRESSED IN PART
MAINTAIN LOCAL LAND USE PLANNING AND REGULATORY CONTROL. Since
this document is not directly binding, it does not diminish any
local land use planning or regulatory control. The test will now
be in the functional plans.
HAVE A VOICE IN THE DEVELOPMENT OF REGIONAL PLANS AND POLICIES THAT
AFFECT OUR CITIZENS. The functional plans will be developed under
the guidance of the new regional policy advisory committee and a
new regional citizen involvement coordinating committee, whose
activities are to be coordinated with local citizen involvement
planning processes.
ADD MORE CERTAINTY TO URBAN GROWTH BOUNDARY DECISIONS. The
document will add more certainty, (The biggest issue regarding the
boundary is still, and probably will remain, the "exception"
areas).
REDUCE LEVEL OF DEVELOPMENT WITHIN THE UGB, BUT OUTSIDE OF CITY
LIMITS. No change that would affect this concern.
BECOME A DESIGNA7 D ACTSVITY CENTER ...GET REGIONAL ACCEPTANCE OF
CITY PLANS. The definition has been changed slightly, and the
title is now "mixed use urban center".
ENHANCE FAMILY WAGE JOBS AVAILABILITY. No change... language does
this already.
REDUCE CONGESTION, INCREASE "CONNECTEDNESS" AND MOBILITY. More
emphasis on demand management.
TIGARD'S SPECIFIC COMMENTS ADDRESSED IN PART
MAKE JWTRO PLANNING GOAL THE FIRST GOAL, NOT THE LAST. This has
been done, and has been expanded.
HOUSING. Policy on fair housing distribution has been added. The
document does not set minimum density standards. The document does
not increase overall density requirements. (Both of these two
ideas may appear in a proposed "functional housing plan" at a later
date).
PUBLIC FACILITIES. The bias towards consolidation of service
districts has been deleted. The language relating to "concurrence"
has been made less mandatory in nature, and more suggestive.
TRANSPORTATION. The phrase "as a last resort", relating to
expanding existing highways, has been deleted.
There is more of an emphasis on peak hour, travel, and on non-
capital intensive approaches to traffic management.
ECONOMIC OPPORTUNITY. Redevelopment is emphasized more. No change
on "retention and expansion" vs. recruitment.
URBAN FORM. Urban reserve concept still alive. More supportive of
creating transportation links with other surrounding areas, with
open space in between.
DEVELOPED LAND. Economic activity centers are re-named and
defined, and not dependent on light rail by definition. Commitment
to downtown Portland is emphasized through an additional policy.
URBAN DESIGN. Added "safety, into the language. Deleted the
specific language on building orientation and standards.
OTHER CONCERN READABILITY. The document has been rewritten.
Many "shalls" became "shoulds", redundancies were reduced, sentence
structure improved. It is much more readable than before.
PLANNING DIRECTORS KEY THEMES ADDRESSED IN PART
MAINTAIN AND ENHANCE THE ROLES OF CITIES. Substantial
improvements. Those phrases that seemed most negative are gone,
and more readable language has appeared. Mostly, however, the
entire Goal 1 section is much more favorable in tone to
establishing cooperative partnerships with local governments.
SEPARATE URBAN AREA FROM NON-URBAN AREA. Still a concern, but '
better. "Urban Reserves" and the "greenways", are mentioned as
well as the idea of establishing tools for open space presenation.
REDUCE CONGESTION. Better language. Emphasizes other transit
besides light rail. Does not make highway widening, or building
new highways the "last resort", as it did previously.
CHANGE LAND USE PATTERNS TO LESSEN AUTO DEPENDENCE. No change.
CONNECT EXISTING INFRASTRUCTURE AND COMMUNITY CENTERS. No change.
IMPROVE OVERALL URBAN DESIGN. Better. Detailed design language
has been deleted.
RECOGNIZE DOWNTOWN PORTLAND AS ANCHOR. New policy has been added.
CONCLUSION AND RECOMMENDATION
• Metro has been responsive to concerns raised by the
Tigard City Council, the Metro Area Planning Directors, and the
Washington County staff and elected officials. While the document
is not everything we or anyone else wanted, it is greatly improved,
and a good starting point for further work.
• Staff should send a full copy of the proposed RUGGO
document to the planning commission and city council for "receive
and file" purposes. Mayor should send a note to Metro thanking
them for their responsiveness.
EJM:Ruggo.May
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Metropolitan Area -
MACCICommunications Commission
Cable TV Franchise Regulation • Tualatin Valley Community Access (TVCA) • Public Communications Network (PCN) 17-71 .7
May 2, 1991
LPMAY 0 3 1991
Pat Reilly, City Manager
City of Tigard
P.O. Box 23397
Tigard, Oregon 97223
RE: FOLLOW-UP INFORMATION OF TCI OPERATIONS IN TIGARD
Dear Pat:
Thank you for the opportunity to talk with your City Council on April 23, 1991. It looks like
we may finally be on our way to achieving parity in cable TV services offered to your City
residents.
During that meeting, we were asked to have TCI respond to several questions posed by the
Council. What follows is what we have learned from TCI to-date:
1. How many cable subscribers are actually in Tigard?
In our letter to the Council of April 22, 1991, we estimated, based on previous
information supplied to us by TCI that the number of subscribers in Tigard totaled
about 877, as of June 1990.
TCI indicates that today they have 613 primary customers (residences and
apartments) served in Tigard which does not include the Embassy Suites Hotel
(253 rooms sold at a package "bulk" rate).
2. What dollar amount of franchise fees would this number of subscribers
generate per month?
TCI estimates, based on a 2% franchise fee (Columbia pays a 5% fee) that
approximately $372 a month of franchise fees are generated from those subscribers.
3. What dollar amount of franchise fees have been earned from those subscribers in
the City of Tigard, since the Metzger Annexation in 1987?
TCI could only give "ballpark estimates" of this amount. They estimate a 2%
franchise fee would have generated between $10,000 and $11,000 dollars from 1987
to present.
~l
Providing service since 1980
1815 NW 169th Place, Suite 6020 • Beaverton, Oregon 97006-4886 • 629-8534 or 220-0689 • FAX: (503) 645-8561
Representing the communities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City,
n r'1o...nnn nL,.~ti Oleinc O:vn.nrrn.n Qhnn..nnA Tino..i Tr.oln Ins.,.-ti;..nlnn r`n..nf., -A Inlilcnn.,iiln
FOLLOW UP - TCI
MAY 2, 1991
PAGE 2
4. Have any of these fees been put in escrow by TCI for Tigard?
TCI indicates they have not put any fees in escrow. These fees probably were paid to
Washington County, since 1987.
I hope this covers the questions asked of TCI at the meeting. Please let me know if other
questions arise or if I can clarify anything in this letter.
Sincerely,
Bruce Crest
Administrator
BC:tll
cc: Brad Nosler, TCI
Bob Davis, WACO
TIGSUBS.BRU
:iCOUNCIL AGENDA ITEM
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PROCLAMATION
WHEREAS, Tigard is proud to SALUTE the dedication, commitment and
hard work of its Emergency Medical Services Community on the occasion
of their celebration of EMERGENCY MEDICAL SERVICES WEEK during
the week of May 12-18,1991; and
WHEREAS, Tigard is proud to COMMEND these skilled and dedicated ?
health care providers for their commitment to the highest standards of
medical excellence under challenging circumstances, always providing
those under their care the best of their training and ability; and
WHEREAS, The annual observance of Emergency Medical Services Week
is an appropriate occasion to COMMEND our emergency medical
community for its outstanding achievements during the past year; now
THEREFORE BE IT RESOLVED THAT 1, Jerry Edwards, Mayor of the City
of Tigard, do hereby in honor and with gratitude, proclaim the week of May
12-18, 1991 as
EMERGENCY MEDICAL SERVICES WEEK IN TIGARD
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Dated this day of , 1991.
IN WITNESS WHEREOF, 1 have hereunto sat my hand and caused the
Seal of the City to be affixed.
Gerald R. Edwards, Mayor
City of Tigard
Attest:
City Recorder
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COUNCIL AGENDA ITEM 2.2
CITY OF TIGARD
PROCLAMATION
WHEREAS, crime and its effect upon the lives and property of the citizens of
Tigard and surrounding communities is of utmost concern, and continued efforts
of our Police Department to curb this problem are greatly appreciated; and
WHEREAS, the problems of crime touch and effect all segments of our society,
and can undermine and erode the moral and economic strengths of our
communities and their citizens if unabated; and
WHEREAS, each year, approximately one in four children under the age of
fifteen receives an injury serious enough to require medical attention; and
WHEREAS, the members of the Tigard Police Department strive to provide and
maintain a safe environment for the citizens of Tigard; and
WHEREAS, the members of the Police Department and the dedicated services
performed by them are certainly appreciated and worthy of special recognition;
NOW, THEREFORE I, Gerald R. Edwards, Mayor of the City of Tigard, do
hereby declare
May 13 through 17
as
NATIONAL POLICE WEEK
and urge all Tigard citizens to observe these special days in honor of the
professional and dedicated members of our Police Department.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City
of Tigard to be affixed this 7th day of May,
1991.
Gerald R. Edwards, Mayor
City of Tigard
Attest:
City Recorder
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COUNCIL AGENDA ITEM 4,E
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council
FROM: Patrick J. Reilly, City Administrator Z
DATE: April 29, 1991
SUBJECT: COUNCIL CALENDAR, May - July '91
Official council meetings are marked with an asterisk If
generally OK, we can proceed and make specific adjustments in the
Monthly Council Calendars.
May '91
*7 Tue Council Business Agenda (6:30/7:30)
15 Wed Eggs & Issues - Legislative Breakfast (7:30 a.m. at
Elmer's Restaurant)
*21 Tue Council Business Agenda (6:30)
27 Mon Memorial Day - City offices Closed
June '91
*11 Tue Council Business Agenda (6:30/7:30) - Note: This
will be first meeting to be cablecast live on
Channel 27
*18 Tue Council Study Meeting (6:30)
19 Wed Eggs & Issues - Legislative Breakfast (7:30 a.m. at
Elmer's Restaurant)
25 Tue Council Business Agenda (6:30/7:30)
July '91
4 Thur 4th of July Holiday - City Offices Closed
*9 Tue Council Business Agenda (6:30/7:30)
*16 Tue Council Study Meeting (6:30)
*23 Tue Council Business Agenda (6:30/7:30)
cccal
Council Calendar - Page 1
COUNCIL AGENDA ITEM a
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: May 7. 1991 DATE SUBMITTED: April 29, 1991
ISSUE/AGENDA TITLE: Approval of PREVIOUS ACTION:
Resolution Su2uorting Road Financing
as Outlined in House Bill 3559 PREPARED BY: Cathy Wheatley
DEPT HEAD OK CITY ADMIN O REQUESTED BY: League of OR Cities
-
POLICY ISSUE
Should the City support proposed legislation which would increase the
gasoline tax by two cents per gallon and enact a corresponding increase in
the state weight/mile tax?
INFORMATION SUMMARY
We have received communication from the League of Oregon Cities requesting
the City of Tigard pass the attached resolution supporting an increase in the
gasoline and state weight/mile tax. The additional funds will be used to to
meet future road needs and maintain the progress to date.
In addition to passing the resolution, the League asks that cities work with
the local news media to draw public attention to the need for increases in
the road user fee.
Attached is a letter outlining the League's request.
ALTERNATIVES CONSIDERED
1. Adopt the proposed resolution and issue press release as requested
by the League.
2. Modify the League's request.
FISCAL IMPACT
The first four cents of the increase will be distributed according to the
existing distribution formula: 60.05% state, 24.38% counties, and 15.57%
cities. The last four cents will be distributed 50% state, 30% counties, and
20% cities.
SUGGESTED ACTION
Adopt the proposed resolution and issue the press release as requested by the
League of Oregon Cities.
hb3559
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PR 2 5 1691 ;
League of Oregi;-=X 61
J-1t. i
Local Govemment Center, 1201 Court St. N.E., P.O. Box 928, Salem 97308e Telephone: (503) 588-6550; 1.800-452-0338 toll free; FAX: 378-5859
April 24, 1991
MEMORANDUM
TO: Oregon Mayors
0
FROM: Dick Townsend, Executive Director, League of Oregon Cities
RE: Road Financing HB 3559 Action Requested
This correspondence comes to you as an urgent request for help on pending gas tax legislation
(HB 3559). The bill has been assigned to the House Revenue Committee (Chair, Delna Jones,
R.-Aloha), and is waiting to be rescheduled for a hearing. If cities are to receive more gas tax monies to
meet their street maintenance needs, your help is vital.
To meet future road needs and to maintain the progress we have made to date, the state's road user fees
must be increased; HB 3559 is the vehicle. HB 3559 requests the 1991 Legislature to increase the gas
and equivalent weight/mile tax by two cents per year for the next four years. The first four cents of the
increase will be distributed according to the existing distribution formula: 60.05% state, 24.38% counties,
and 15.57% cities. The last four cents will be distributed 50% state, 30% counties, and 20% cities.
The League recently sent you a copy of Making the Right Turn, the 1991 update of road needs in
Oregon. The update, and the 1986 study on which the update is based, is a product of the Oregon
Roads Finance Committee. The committee is a coalition of state, county and city representatives working
cooperatively to document Oregon's road needs and to secure incremental increases in road user fees.
The League has participated on this committee since its inception in 1985.
The 1991 update demonstrates that we are making progress: the gap between available resources and
road needs has decreased from $21 billion in 1986 to $19.7 billion in 1991. While the financing gap is
closing, there are still significant unmet road needs across the state. Even with the increases in road user
fees granted by the 1987 and 1989 legislatures, demands from growth and inflation have diminished our
progress.
(Continued)
OFFICERS' Candace Banav. Maya. Graft Pose, PineMer>t • Joe ORECMRS: Jerry Wmwft Maps Tgad • NIS Hervey, City MerWW We Owego • Jary KA Ca+r Merhaa • En Wngett Maw,
V4-ghin. Mayor, Perdletan, VW&Pe811111d8nt • Mile Lindberg, Corn- Sprrgpeld • Sip Pelereon, City MaegW.. Henna lon • Marian Rossi. Mena, Indeperderke • Charts Vas. Mayor C11e11 • LOM Wiese
rrwiaer. Padlond. Ttaaaar • Mood Toeraerd, Exeoutt" OhftjW Mayor, COW"
Oregon Mayors
April 24, 1991
Page 2 -J
The passage of HB 3559 is important to cities and to the state as a whole. To help ensure the passage of
HB 3559, the League requests the assistance of cities as follows:
1. The League urges all cities to adopt a resolution in support of HB 3559 as soon as possible.
A sample resolution is enclosed. Copies of the resolution should be sent to:
A. Representative 'l'ed Calouri Chief sponsor of HB 3559
Oregon State Capitol
Room H491
Salem, OR 97310
Representative Delna Jones Chair of House Revenue
Oregon State Capitol
Room H475
Salem, OR 97310
B. League of Oregon Cities
C. State legislators from your districts.
11. The League's second request is that cities work closely with the local news media to draw public
attention to the need for increases in the road user fee. Enclosed is a press release cities may use
for this purpose. In some instances cities and counties may be working together in contacting the
news media, which should have an even larger impact on public legislative opinion.
Maintenance backlogs, repair and preservation needs, growth demands, inflation, and reduced general
fund support for roads these are critical factors influencing the need for additional gas tax increases.
Oregon's economic well-being depends on a well maintained road infrastructure. To maintain the
infrastructure we need additional revenue. Please join other cities in demonstrating to the Legislature
the continuing need all of you have for increased road funding by showing your support of HB 3559.
cc: City Managers/Recorders
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DRAFT PRESS RELEASE
C
CITY OF BACKS ROAD FINANCING PROGRAM
The City Council today (or date) urged legislative approval of a major
transportation funding package. The Council adopted a resolution expressing support of House Bill 3559,
which increases motor vehicle fuel tax two cents per gallon in each of the next four years. Mayor
said (city) needs this law enacted because "without it,
we can't do basic road repair and preservation work and prevent serious pavement deterioration, which
leads to increased repair costs later."
The City of , as well as other cit°..:s, counties, and the state, are having
trouble finding the revenue to adequately meet their basic road maintenance needs. There are a number
of locations in (city) where road improvements are needed. [NOTE: Insert
local examples of projects that could be accomplished with additional road funding.]
HB 3559, with Representative Ted Calouri (R-Beaverton) as chief sponsor, will raise funds to
help meet the state's transportation needs. [NOTE: If one of the cosponsors is from your legislative
district, insert a statement that Senator or Representative is among the cosponsors
of the bill. (A list of cosponsors is at the bottom of next page.)] Calouri noted "People need to realize
that, for-every two-cent gas tax increase that is passed, one cent is required just to keep up with inflation
each year."
The legislation was introduced in response to the findings of a report entitled "Making the Right
Turn: Protecting the Public Investment in Oregon's Roads and Bridges." The report notes that the roads
in the state currently are in the best condition ever because of recent financial support from the public
and the state legislature. Put the report also says that transportation infrastructure must be protected
and improved to meet increasing demands on the system from population increases, and to repair aging
or substandard facilities.
The study indicated that 50 percent of needed highway maintenance is deferred each year because
of the lack of funding. The report also said that 35 percent of Oregon's roads and bridges are
substandard. The proposal would raise an estimated $176 million for state, county, and city road repairs
during the next four years. Each one-cent increase in the state gasoline tax, together with the equivalent
truck weight/mile tax, raises an additional $22 million.
The state shares transportation-related taxes and fees with local governments. The gas tax
formula in the new bill gives the state 60 percent, counties 24 percent, and cities 16 percent, with a 50
percent share to counties and cities from the increases in 1994 and 1995.
[Please send copy of final press release to LOC]
HB 3559 Cosponsors:
Representatives Jerry Barnes, Judy Bauman, Tom Brian, Mike Burton, Margaret Carter, Ron
Cease, Mary Alice Ford, Bruce Hugo, Tim Josi, Kevin Mannix, Tom Mason, John Meek, Lisa Naito, Tom
Novick, and Jim Whitty.
Senators Bill Bradbury, John Brenneman, Jane Cease, Joyce Cohen, Scott Duff, Wayne Fawbush,
Jeannette Hamby, Jim Hill, Glenn Otto, Paul Phillips, Bob Shoemaker, and Tricia Smith.
COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: May 7. 1991 DATE SUBMITTED: AP ril 29. 1991 '
ISSUE/AGENDA TITLE: Approve_Partici-PREVIOUS ACTION:
ation in Program Allowing Cit to
Purchase Surplus Federal Pro ert PREPARED BY: C. Wheatley
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Cliff Scott
POLICY ISSUE
INFORMATION SUMMARY
f
Approval of the attached resolution will update the City's status for
eligibility to participate in the Federal Property Utilization Program.
This will allow the City to acquire federal surplus property from the Oregon
State Agency for Surplus Property. Property, through this program, is made
available at 10% of the federal acquisition cost. Type of property available
ranges from minor office supplies to specialty equipment to hardware.
The attached agreement must be updated periodically for the State's record-
keeping purposes.
ALTERNATIVES CONSIDERED
FISCAL IMPACT
SUGGESTED ACTION
Approve attached resolution. s:
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COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: May 7, 1991 DATE SUBMITTED: Argil 29, 1991
ISSUE/AGENDA TITLE: Approval of PREVIOUS ACTION:
Bonus/Merit Payment to City Admini tra-
tor for Fiscal Years 89-90 & 90-9 PREPARED BY: Patrick J, Reilly
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: City Council
POLICY ISSUE
INFORMATION SUMMARY
Pursuant to prior Council performance evaluation of the City Administrator,
attached are two proposed resolutions approving bonus/merit payment.
ALTERNATIVES CONSIDERED
FISCAL IMPACT
Two lump-sum, $3,000 bonus/merit payments.
SUGGESTED ACTION
Approve the attached resolutions.
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COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
May 7 COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: _pri3-ifs, 1991 DATE SUBMITTED: --April 2, 1991
ISSUE/AGENDA TITLE: A ro riation PREVIOUS ACTION: N/A
of Revenue A
PREPARED BY: _ Wayne Lowry
DEPT HEAD OK CITY ADMIN O REQUESTED BY:
POLI Y ISSUE
Shall the Tigard City Council appropriate unanticipated revenue for specific
purposes.
i
INFORMATION SUMMARY
The Library has received donations totaling $2,685 this fiscal year. In
order to spend such funds, Council must authorize their appropriation.
A Parks maintenance vehicle was fitted with certain lift equipment specified
in an agreement with the State to allow a previously injured employee to
return to work. Part of the Agreement stated that the State would reimburse
the City for such expenditures. Reimbursement was received in January, 1991
in the amount of $3,016.
ALTERNATIVES CONSIDERED
1. Approve resolution to appropriate unanticipated revenues.
2. Do nothing.
FISCAL IMPACT
1. Increases revenue estimate and General Fund appropriations by $5,701.
2. N/A
SUGGESTED ACTION
Staff recommends approval of resolution.
COUNCIL AGENDA ITEM 4, LO
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: May 7, 1991 DATE SUBMITTED: April 25, 1991
ISSUE/AGENDA TITLE: Appeal of Subdivision PREVIOUS ACTION: Council hearings on 3726/91 ~
and 4/23/91. P evious P.C. decision overturned.
A roval SUB 90-0007 VAR 90-0011 fWav IV)
/ PREPARED BY: errv Offer, Assoc. Planner
DEPT HEAD OK CITY ADMIN OK REQUESTED B Ed Murphy, Comm. Dev. Dir.
POLICY ISSUE
i
Adoption of findings in support of the Council's denial of a subdivision and variance
request.
INFORMATION SUMMARY
On March 26, 1991, the City Council reviewed on appeal two subdivision preliminary plat
approvals granted by the Planning Commission. The Council continued the hearings on both
items to allow the parties in both of these applications to review Engineering Department
conceptual plans for this area and to allow the applicants to revise the subdivision plans
in light of the Council's concerns expressed with regard to the current plans.
The Council reopened the hearings on both proposals at the Council's April 23, 1991 meeting.
Upon finding that the applicants for the two proposed subdivisions were unwilling to pursue
alternative subdivision layouts that would not require variances to the Community Development
Code's standards for intersection spacing/alignment on collector streets, the City council
voted unanimously to overturn the Planning Commission's decision thereby denying both
Subdivision proposals.
ALTERNATIVES CONSIDERED
1. Approve the attached resolution adopting the Planning Division's January 8, 1991 staff
report as findings in support of the denial of the subdivision and variance requests.
2. Provide direction for staff regarding alternative findings in support of the Council's
denial of the proposals. Direct staff to prepare a resolution and the alternative'
findings for Council review at a later Council hearing.
SUGGESTED ACTION
Approve the attached resolution adopting the Planning Division's January 8, 1991 staff report
as findings in support of the denial of the subdivision and variance requests.
CCSUM.ZC
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COUNCIL AGENDA ITEM 4•`7
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: May 7, 1991 DATE SUBMITTED: Aril 25, 1991
ISSUE/AGENDA TITLE: Appeal of Subdivision PREVIOUS ACTION: Council hearincte on 3 26 91
approval for SUB 90-13, VAR 90-37(Lautta and 4/23/91. Previous P.C. decision
- , overturned f
i PREPARED BY:Werrv Offer, Assoc. Planner
DEPT HEAD OR AC6 CITY ADMIN O REQUESTED BY. Ed Murphy, Comm. Dev. Dir.
tl
POLICY ISSUE
Adoption of findings in support of the Council's denial of a subdivision and variance
request.;
INFORMATION SUMMARY
On March 26, 1991, the City Council reviewed on appeal two subdivision preliminary plat
approvals granted by the Planning Commission. The Council continued the hearings on both
items to allow the parties in both of these applications to review Engineering Department
conceptual plans for this area and to allow the applicants to revise the subdivision plans
in light of the Council's concerns expressed with regard to the current plans.
The Council reopened the hearings on both proposals at the Council's April 23, 1991 meeting.
Upon finding that the applicants for the two proposed subdivisions were not willing to pursue
alternative subdivision layouts that would not require variances to the Community Development
Code's standards for intersection spacing/alignment on collector streets, the City Council
•oted unanimously to overturn the Planning Commission's decision thereby denying both
C subdivision proposals.
ALTERNATIVES CONSIDERED
1. Approve the attached resolution adopting the Planning Division's January 8, 1991 staff
report as findings in support of the denial of the subdivision and variance requests.
2. Provide direction for staff regarding alternative findings in support of the Council's
denial of the proposals. Direct staff to prepare a resolution and the alternative
findings for Council review at a later Council hearing.
SUGGESTED ACTION
Approve the attached resolution adopting the Planning Division's January 8, 1991 staff report
as findings in support of the denial of the subdivision and variance requests.
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COUNCIL AGENDA ITEM 4, g
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: May 7, 1991 DATE SUBMITTED: April 25, 1991
ISSUE/AGENDA TITLE: Authorization PREVIOUS ACTION:
for Right-of-Way-Acquisition for
Gaarde Street PREPARED BY: Gary Alfso Tran
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DEPT HEAD OK
/trCITY ADMIN OK REQUESTED BY:
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POLICY ISSUE
Acquisition of right-of-way and easements for the Gaarde Street project.
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INFORMATION SUMMARY
Right-of-way and easements are needed in order to construct the proposed street
improvements for the realignment of Gaarde Street. As has been done with other
street projects, staff is requesting that the Council formally authorize the
acquisition of the right-of-way and easements by adoption of the attached
resolution.
The resolution covers all of the property needed for the project except the
property to be acquired from Elmer's Restaurant. Additional coordination is
needed with Elmer's on final design details before property descriptions are
prepared for that property.
ALTERNATIVES CONSIDERED
1. Adopt the attached resolution authorizing acquisition of right-of-way.
2. Withhold authorization.
FISCAL IMPACT
All costs of the Gaarde Street project are funded by the Major Streets Traffic
Safety Improvement Bond.
SUGGESTED ACTION
Adoption of the attached resolution.
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COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON '
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: 5/7/91 DATE SUBMITTED: 4/30/91
ISSUE/AGENDA TITLE: Authorize PREVIOUS ACTION: None
quitclaim deeds for existing sewer
easements; Authorize acceptance of a
Easement Relo tion A reement PREPARED BY: Chris Davies ArN
DEPT HEAD OK CITY ADMIN O REQUESTED BY:
POLICY ISSUE
Shall the City quitclaim its interest in an existing sanitary sewer easement
located at the intersection of S.W. Benchview Terrace and S.W. 132nd Ave.;
and shall the City accept an Easement Relocation Agreement.
INFORMATION SUMMARY
On September 27, 1988 the City of Tigard approved a subdivision (S 88-04),
located approximately at 12965 S.W. Bull Mountain Road, for M-B Development.
As a condition of approval a sanitary sewer system was required. A portion
of the sanitary sewer system was located on adjacent property; thus requiring
an easement be granted to the City of Tigard from the property owner. On
January 18, 1990 Columbia Equities, Inc granted to the City a permanent
sanitary sewer easement (No. 90-02847). The easement granted, was intended
to connect sewer service from property owned by Columbia Equities to property
owned by M-B Development. After granting the easement, Columbia Equities
conveyed the property over which the existing easement lies to MKF, and
M-B Development conveyed the approved subdivision to Waverly Construction.
Waverly Construction now desires that the sanitary sewer easement be
relocated and grant to the City of Tigard new easements. In addition,
MKF.desires that the existing easement be extinguished.
Since this easement has not been built upon and it is intended to grant to
the City of Tigard new easements, it is proposed that the existing easement
be vacated.
In 1990, Waverly Construction submitted to the City of Tigard a proposed
off-site sanitary sewer plan and prior to receiving approval of this plan
removed trees from the proposed site. Mr. Michael C. Zusman, an adjacent
property owner directly south of the off-site area, contacted both the
City Council and City Staff as to his concerns about the off-site sanitary
sewer plan and tree removal. The City of Tigard and Waverly Construction
did come to an agreement for the tree removal without a permit with the
understanding that the sanitary sewer line would be placed in the area as
depicted on the off-site plan. Prior to getting final construction
approval for this project Waverly Construction now desires that the
sanitary sewer easement be relocated. It is proposed that Waverly
Construction now plant trees in the area that was cut prior to approval and
will no longer be required for the off-site sanitary sewer line.
The attached "Easement Relocation Agreement" provides for restoration of the
area north of Mr. Michael C. Zusman and d,:dication of new easements
providing for the revised sewer alignment.
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ALTERNATIVES CONSIDERED
1. Approve the attached resolution; and
approve the Easement Relocation Agreement.
2. Modify and approve the attached resolution and Easement Relocation Agreement
3. Deny the request.
FISCAL IMPACT
There are no fiscal impacts. Waverly Construction will pay all costs incurred
in connection with the extinguishment of the existing easement, and the
preparation of the Easement Relocation Agreement to include City's attorney
fees and City staff time.
SUGGESTED ACTION
Approve the attached resolution authorizing a quit claim deed for the
existing easement and, by motion, authorize the City Administrator to
sign the attached Easement Relocation Agreement.
RECEIVED APR 2 2 1991
EASEMENT RELOCATION AGREEMENT
This Agreement is entered into the day of kpi"eL ,
1991, by and among MKF International, a California limited
partnership ("MKF"), Waverly Construction Company, an Oregon
corporation ("Waverly Construction") and the City of Tigard, an
Oregon municipal corporation (the "City"), for and in consideration
of the recitals and mutual promises contained herein.
R E C I T A L S
1. Columbia Equities, Inc., an Oregon corporation ("Columbia
Equities") granted to the City a permanent sanitary sewer easement
by instrument recorded on January 18, 1990 as Recorder's No. 90-
02847, in the records of Washington County, Oregon, described on
Exhibit A attached hereto and by this reference incorporated herein
(the "Existing Easement"). The Existing Easement was intended to
connect sewer service from property owned by Columbia Equities to
property owned by Bull Mountain Project of Oregon, an Oregon
limited partnership, known as Woodford Estates and shown in part
on Exhibit B attached hereto and by this reference incorporated
herein ("Woodford Estates").
2. After granting the easement, Columbia Equities conveyed
the property over which the Existing Easement lies to MKF, and Bull
Mountain Project conveyed Woodford Estates to Waverly Construction.
3. Waverly Construction now desires that the sanitary sewer
easement be relocated to the real property described on Exhibit B
attached hereto and by this reference incorporated herein (the "New
Easement Property"). In addition, MKF desires that the Existing
Easement be extinguished.
4. Without a permit, Waverly Construction severed the trees
approximately from the New Easement Property and from property
lying adjacent or close to the New Easement Property.
5. The City is willing to agree to the easement relocation
and extinguishment upon the terms and conditions contained herein.
AGREEMENT
1. Waverly Construction agrees to replant 30 to 50 Douglas
Fir (Pseudotsuge Menziesii) trees of a minimum two (2) inch
diameter, in an area around or near the New Easement Property, as
staked by Waverly Construction and approved by an arborist of the
City's selection. The City's arborist shall inspect and approve
the trees prior to planting and shall inspect and approve the
planting when completed. One year from the date of such planting
and approval, the City's arborist shall inspect the planting to
determine if any of the trees need to be replaced, in the sole
discretion of the City's arborist. Such replacement trees shall
be provided and replanted at Waverly Construction's sole expense.
Waverly Construction agrees to pay all costs incurred in connection
with all such replanting, including without limitation all fees and
costs charged by such arborist, and agrees to take all necessary
action, including without limitation regrading, to return such
property to its condition that existed prior to the severance, as
approved and accepted by the City's engineer. In addition, Waverly
1 - EASEMENT RELOCATION AGREEMENT
Construction agrees to replant the trees it has severed if the
easement is for any reason relocated in the future to the extent
the area severed lies outside the relocated easement.
2. MKF and Waverly Construction agree to execute or obtain
and deliver to the City permanent sanitary sewer easements over the
New Easement Property in form satisfactory to the City. After the
plan for replanting has been approved and all trees have been
replanted as required by paragraph 1 above, or, alternatively,
Waverly Construction has posted a bond in the amount of. the cost
estimated to be incurred in such replanting, including the cost of
any replacement trees, the city will accept and cause to be
recorded the permanent sanitary sewer easements over the New
Easement Property. In addition, once the new easement or easements
have been delivered to the City, the City will cause the Existing
Easement to be extinguished and to execute a Quitclaim Deed
conveying the City's interest in the Existing Easement to MKF.
3. Waverly Construction agrees to obtain from the City, or
its designee, and all other applicable authorities, all necessary
permits for severing any trees from the New Easement Property, from
Woodford Estates, or any other property. A condition to the
granting of such permit or permits by the City shall be the
replanting of the severed trees, or the posting of a bond, in
accordance with this Agreement and the plan developed pursuant to
paragraph 1 above.
4. MKF and Waverly Construction agree to obtain a title
insurance policy insuring the easements over the New Easement
Property in an amount and in form satisfactory to the City. In
addition, MKF and Waverly Construction will obtain and deliver to
the City the consent of any encumbrancer requiring such consent to
the recording of such asement.
5. elf 7M Waverly Construction agree to pay all of the
City's attorney fees, City staff time, and costs incurred in
connection with the extinguishment of the Existing Easement, the
preparation of this Agreement, the new easements, and any and all
matters following therefrom. In addition, Waverly Construction
agrees to pay all of the City's attorney fees, City staff time, and
costs incurred by any subsequent relocation of the sewer easeme t
to Woodford Estates. Waverly will also be responsible for any ees
due to Otak in regards to this easement.
6. Waverly Construction hereby agrees to defend, indemnify,
and hold the city harmless from and against any and all claims,
suits, penalties, liabilities and expenses (including without
limitation attorney fees) that may be asserted against the City
arising from Waverly Construction's severance of any trees.
GENERAL
1. Recitals. The recitals stated above are contractual.
2. Time. TIME IS OF THE ESSENCE of this Agreement.
3. Applicable Law. This Agreement shall be governed by the
laws of the State of Oregon.
2 - EASEMENT RELOCATION AGREEMENT
4. Statutory Disclaimer. THIS INSTRUMENT WILL NOT ALLOW USE
OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR
t ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES.
5. Further Assurances and Additional Documents. Each of the
parties hereto shall execute and deliver any and all additional
papers, documents and other assurances and shall do any and all
acts and things reasonably necessary in connection with the
performance of their obligations hereunder to carry out the intent
of the parties hereto. The parties shall execute and deliver all
other appropriate supplemental agreements and other instruments and
take any other action necessary to make this Agreement fully and
legally effective, binding and enforceable as between the parties,
and as against third parties.
6. Entire Agreement. This Agreement, including any Exhibits
hereto, and the easement or easements described above constitute
the entire agreement between and among the parties, integrate all
of the terms and conditions mentioned herein or incidental hereto,
and supersede all negotiations or previous agreements between the
parties or their predecessors in interest with respect to all or
any part of the subject matter hereof.
7. Good Faith, Cooperation and Due Diligence. The parties
hereto covenant, warrant and represent to each other good faith,
complete cooperation, due diligence and honesty in fact in the
performance of all obligations of the parties pursuant to this
Agreement. All promises and covenants are mutual and dependent.
8. Preparation of Agreement. This Agreement has been
prepared by O'Donnell, Ramis, Crew & Corrigan, acting for the sole
benefit and protection of the City. Each party is advised of and
acknowledges its right to have this Agreement and all related
matters reviewed by its own independent counsel. This Agreement
or any section hereof shall not be construed against any party due
to the fact that this Agreement or any section was drafted by such
party.
9. Counterparts. This Agreement may be executed in several
counterparts, each of which shall be an original, but all of which
shall constitute but one and the same Agreement.
10. Successors and Assigns. This Agreement shall inure to
the benefit of and be binding upon the parties hereto, their heirs,
executors, administrators, successors and assigns.
11. Severability. Nothing contained herein shall be
construed so as to require the commission of any act contrary to
law. Wherever there is any conflict between any provisions
contained herein and any present or future statute, law, ordinance
or regulation, the latter shall prevail; but the provision of this
Agreement which is affected shall be curtailed and limited only to
the extent necessary to bring it within the requirements of the
law. If any provision of this Agreement shall be held to be void
or invalid, the same shall not affect the remainder hereof which
3 - EASEMENT RELOCATION AGREEMENT
shall be effective as though the void or invalid provision had not
been contained herein.
12. Full Authority. Each of the parties and signatories to
this Agreement represents and warrants that each has the full
right, power, legal capacity and authority to enter into and
perform his or her respective obligations hereunder and no approval
or consents of any other person are necessary in connection
herewith.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first written above.
MKF INTERNATIONAL, a California CITY OF TIGARD, an Oregon
limited partnershi municipa rporation
By : B - -A OMM
Its: Its:
WAVERLY CONSTRUCTION COMPANY,
an Ore n corporation
By . G~J~~ L , -
Its : ,&4:-~
STATE OF )
ss.
County of LYL,t t.~tntyi&h )
Acknowled ed befo e e this 5 day of 1991,
by _o~4iL0ul~ ev- , the General Partner of MKF
INTERNATIONAL, a California limited partnership, on behalf of such
limited partnership.
NOTARY PUBLIC FOR
My Commission Expires: S
STATE OF OREGON )
ss.
County of4 )
c n leed before me this day of 991,
by , the !/i o of
WAVERLY CONSTRUCTION COMPANY, an Oregon corpor tion, on behalf of
such corporation.
NOTARY PUBLIC R OREGON '
My Commission xpires:~~~
4 - EASEMENT RELOCATION AGREEMENT
STATE OF OREGON )
ss.
County of Washington )
Acknowledged before me thisda of 1991, i
by the C;i _a i ' of THE
CITY OF TIGARD, an Oregon municipal =07 ation, on behalf of such
corporation.
W
NOTARY PUBLIC FOR REGON
My Commission Expires:.
AFTER RECORDING RETURN TO:
Kenneth M. Elliott
O'DONNELL, RAMIS, CREW & CORRIGAN
1727 N.W. Hoyt
Portland, Oregon 97209
NBM\90024.4\REL0CATNAG4
5 - EASEMENT RELOCATION AGREEMENT
l
14
" urwcF 1 ? 90=02847
00 ' w!eMweMM!CsYnOr
s CORPORATION .
1 •'i PERMANENT SANITARY SEVER. USVkF l '
jOIOW ALL NEH BY THESE PRESENTS THAT MT.14TPiA. il+lTiTiF:4TNC.,
erelna ter ca e the Grantors, to copal eration or the sum o
dollars. 0 1'.m_• . ' , from the. -City o
Tigard. hereinafter called Grantee, grant and convey unto the City of Tigard d
•casement for coustructtnR. reconstructing.'operatiag. maintafolmg. perpetual
Inspecting and repalring of an uaderxround' fewer line and appurtenances,
ar together with the right to remove, as necessary. 'vegetation. foliage. 'trees'
and other obstructions on the followlnA described parcel of land, situated- 1m .
the City of Tigard;-Washington County.. State of Oregons Extllbit W
all 17 IS EXMESSLY UNDERSTOOD that this. easement does, not convey any rightv
title or Interest except those expressly stated to this easement. oar
y otherwise prevent Grantors from the full use and dominion thereover; provided... .
however, that such use shall not interfere with the uses and purposed of the
inCrpt of the easement.-
!a-
IN CONSIDERATION of the prestsea. Grsntee agrees that If said Grantee, iti
successors or assigns should. cause said easement to be vacated, -the'righta,o[
t{~; the Grantee in the above-escribed easement will be forfeited•and shall
immediately revert, to the Grantors, their successors and assigns in the rani
f of.sueb event:'.
l TO HAVE AND TO ,HOLD the above-described and granted premises unto maid
Grantee, Its successors and assigns forever.
l
.1 IN WITNESS WHEREOF, the undersigned corporation has caused this easement -
- to be executed by its duly authorized, undersigned,offlcero acting pursuant to '
S resolution of it's Board of. Directors.
- MT,T ..'A F) 1 TTFS Nl`.
Name o rporatto
Corporate Seal
By: P:rIl 'Pnr!he]em
VI(E-Pre~ident / i
.i STATE OF OREGON ) By: IlalT Y_ A. t'rdnl an
M as. Secretary .
County of Washington )
i ! r Personally appeared Pnnl K. Phrtholemy' and y Vraolr~n
! who, each being first duly sworn. did. say .that the -
former to the enrror:I!Inn V!t`c - president and' that' the latter is
the corroration secretary of Cplumbin FAuities. inc.,
is corporation. and that the seal affixed to
the foregoing Instrument to the corporate seal of said corporation and that-
. slid instrument was slxned_ and sealed- in behalf of said eorporatt, ~~))by
authority of its board of directors; and each of them •etnowled if
Instrument to be its voluntary act and dee - •..•11
C'
Noj y Public for Oregon
(NOTARIAL SEAL) My, omalssion Expires: ; iii:_.
Approved as to legal description this day of
Dy: I
Approved this c7 r~ day of QCi UR!-l• . 14 .
1 GRANTOR'S NAWADDRESS• DEPARTMENT Of COMMUNITY DEVELOPHM
Coliwbin FAultles. Tne. Bys
15fm S.W. Bonn's Ferry' Rd. Titles
f ! TAke Owego. OW MSs EXHIBIT 503/635-4555 Page of
:071P) Pages _R
Z'
CGO
' October' 3r 1989 - -
EXHIBIT 'Ar.
A Sanitary Sewer Eesesent'
(Tax Lot 5700, Map 2S1 4DC)r• '
A +
''A fifteen (i5.00) foot-wide sanitary sewer 'easement.
the center line of which is more particularly deieriAed-
as follows:
Beginning at-the Northeast corner of Parcel X.. as
- described in Bargain and Sale Deed-recorded as Document I
No. 86032439'and. located in the Southeast one quarter
of Section 4, Township 2 South, Range 1 Nest.
•Willsootte*Meridian.-Washington County., Oregon I. and
{ cunning thence South-01'58'21' West, along Cho East.
line thereof. i distance of' 270.00 feet to the True
y I Point of Beginning: thence North 87'31'30" West, a
distance of 180.00 feet, tb -a point: -thence North=•-- -
i 36'15'45 West. a distance-of 90.00 feet. to a point:
thence North 2S'54'00" West, a distance of 61.30 feet
' to the South end of S.N. 132nd Avenue as'dedicated in
_ BENCHVIEW ESTATES, a plat of record.,and the terminus -
( ( _ of this description. -
- STATE OF ORK0048
Cowry of WaWnpmn Y as .
• Reference Survey No. 22.776 - L b&.WO W. wasM. O..OM of AU-W-4
mid Tarawn and EAOdc o Racoroi, of Corr
• _ .eyaneas err sea m,q. do h..by a.wy VW
MW 10cad40 al boos of MopW at Hd` carry. •
' Doru+d W. WsOn, CL. .
- AAso rrwM are Tara Ea••
~ OrodoCoveyOwk"
=i
rJ
• 40
r
Doe : 90002847
Rect: 25641 38.00
01/10/1990 09:52:36AM
r • .,.i . - - rt:., n•_.... ..-:•~F:.; r.« w'<.::~~j:: i...ti ci a : ..'<c:j Ss•~'.=•:;. , . _
EXHIBIT A
s - Page 3L of
~_Pages
BURTON ENGINEERING AND SURVEY CO.
11945 SW PACIFIC HIGHWAY 0302
TIGARD, OREGON 97223
PH (503)639-6116
April 11, 1991
DESCRIPTION FOR SEWER EASEMENT TO CONNECT PROPOSED 33 LOT
SUBDIVISION ON BULL MOUNTAIN TO EXISTING SEWER IN BENCH VIEW
SUBDIVISION. (Basic Centerline d-tscription through all
properties for offsite sewer)
A strip of,land 15.00 feet in width for sewer and utility
easement and utility service road together with temporary
construction access and slope easements necessary for utility
and road construction, located in the East 1/2 of the
Northeast 1/4 of Section 9 and in the Southeast 1/4 of
Section 4, 't'ownship 2 South, Range 1 West of the Willamette
Meridian, Washington County, Oregon, more particularly
described as follows:
-A strip of land 15 feet in width lying 7.50
feet on each side of the following described centerline:
Commencing at the Northeast corner of said section 9; thence
South 00° 18' 20" West along the East line of said Section 9,
a distance of 1824.94 feet to the Northerly right of way of
Bull Mountain Road; thence South 86° 24' 49" West along said
Northerly right of way 966.61 feet to the true point of
beginning for the centerline herein described,said true point
of beginning lies.7.50 feet Westerly (When measured at right
angles) from the East line of a tract of land conveyed to
Bull Mountain Project of Oregon, and Oregon limited
partnership, by deed recorded March 10, 1981 in the
Washington County deed records.as fee no. 81008100; thence
North 00° 16' 00" East along a line parallel to and lying
7.50 feet Westerly from the East line of said tract, 1236.25
feet to a point that lies 27.68 feet northerly from the
easterly extension of the North line of a tract of land
conveyed to Michael C. Zusman by deed recorded September 3,
1987, in the Washington County Deed Records as fee no.
87045439; thence North 74° 04' 16" West 130.11 feet; thence
South 79° 04' 02".West 220.75 feet; thence North 11° 45' 55"
East, 272.73 feet; thence North 29° 32' 31" East, 227.81
feet; thence North 29° 50' 42" West, 173.65 feet; thence
North 17° 14' 34" West, 167.66 feet; thence North 10° 30' 20"
East, 134.79 feet; thence North 03° 49' 32" East, 232.14
feet; thence North 09° 38' 42" West, 107.40 feet; thence
North 07° 58' 05" East, 189.12 feet; thence North 32° 43' 47"
West, 125.18 feet; thence North 47° 43' 45" West, 247.97
feet; thence North 36° 52' 12" West, 205.02 feet to an
EXHIBIT B
Page of
A.
existing manhole located near the intersection of SW
Benchview Terrace and SW 132nd. Ave. in Benchview
Subdivision.
Parcel 2
Also'including the following described parcel being a portion
of that parcel deeded to Bull Mountain Project of Oregon
recorded on March 10, 1981, fee No. 81008100, Washington
County,Oregon, deed records, lying in the Northeast 1/4 of
the Northeast 1/4 of section 9, Township 1 South, Range 2
East, Washington County, Oregon more particularly described
as follows: Beginning at the Northwest corner of that tract
conveyed to Michael-C. Zusman by deed recorded September 3,
1987, in the Washington County Deed Records as fee no.
87045439 said point also lies on the West line of the
Northeast 1/4 of the Northeast 1/4 of said section 9; thence
along the said West line North Oo 30' 33" West 90.00 feet;
thence South 440 52' 31" East 126.42 feet to the North line
of said Zusman tract; thence South 890 441 25" West along
said Zusman North line 90.00 feet to the point of beginning.
EXHIBIT. 9
Page 2 of
.l Q•~nnr :%ti
;ice
•N790~~ 7J01j.~E I.
N 89'44'25' E 345_01'
o~
1O N.E. CORNER
I r SECM014 9
I~
1 2 3 4 0)
. of
is
5 0l ~
0
z
S 8918'36'_ E 3
178.00'
,goo; o0 6
or ~
o tJ 89'34'11' W I
33 32 y
I 7 .
0 0
31 iz SEWER EASEMENT AND PROPOSED
31 8 PLAN FOR WOODFORD ESTATES
Slo I SUBDIVISION ON BULL MOUNTAIN
1'o N I
30 al 9 I LOCATED IN THE NE 1.x'4 NE 1/4 SECTION 9
AND
I l THE SE 1/4 SE 1/4 SECTION 4
T2S., RI K. W.M., WASHINGTON CO., OREGON
29 1 10
1
11
28 l
~ h 1
H/ 12
27 !
. 1
13
26 W I I
3 0
0
0 0
0o r
0
yl^ 15 14 °l .
25 -lam 1
N 89.34.11' W I SCALE 1"=100*
24 105.00' - ? I FEB. 5, 1991
wl I JOB NO. 90-314 N
0 16 Q I BURTON ENGINEERING & SURVEYING o
ol°o l 302 TIGARO PLAZA o
23 o yi I TIGARD. OREGON 97223 y
olm I (503)639-6116 I
y 17
1 ,
22 l l
18 vi I
r ~ II
21 20 19 I I i
I 1
966.61'
I S 86 24'49" V!
EXHIBIT
- - _ nt n 1 MOUNTAIN ROAD pang 3 nt
• ~ NI W 't
n
Cg"~N
ZI PROPOSED MOUNTIAN
RIDGE SUBDIVISION
.I '
N A
O ~
O
zl
NE 1/4 NE 1/4 SECTION 4
:NCHVIEW 2
JBDIVISION ti SEWER EASEMENT AND PROPOSED
PLAN FOR WOODFORD ESTATES
SUBDIVISION ON BULL MOUNTAIN
LOCATED IN THE NE 1/4 NE 1/4 SECTION 9
AND
THE SE 1/4 SE 1/4 SECTION 4
T2S., RIW., W.M., WASHINGTON CO., OREGON
~ryry
h
i
roJ
NI
SCALE 1"=100'
MARCH 22, 1991
t'°l I N 3~' ° JOB N0. 90-314
M y2 v
Alt BURTON 3 ENGINEERING PLAZARVEYING 02 21 to `0 Z' Qa~ 75, S TiCARD, OREGON 97223
22p
(503)639-6116
6 0 p 79 04: • 1JQ s~ f
7~•
`89'44'25' E _ 345_01' _
4o.vo S 89' ~4~ zS~~ W I
` of
Nay)
• (N
W
3 4 t I z r~ EXHIBIT-B--
Page B._ of
Go ' •
fn tasluic wvma:
80JXCH SUMOS1081• SEWER EASEMENT AND PROPOSED
C~J~F-W PLAN FOR WOODFORD ESTATES
6~~~(tPG~ ti SUBDIVISION ON BULL MOUNTAIN
~oVoil, LOCATED IN THE HE 1/4 HE 1/4 SECTION 9
AND
\ THE SE 1/4 SE 1/4 SECTION 4
T2S.. Rt W., W .M.. WASHINGTON CO., OREGON
S
``p Y
9~" F
~F
SCALE 1"=100'
FEB. 5, 1991
JOB NO. 90-314 `
BURTON ENGINEERING & SUR~)1NG m
302 TIGARD PLAZA o~iv
TIGARD, OREGON 97223
(503)639-6116
0
z
fZ
BENCHVIEW 2 SUBDIVISION o!N
jI
WI PROPOSED MOUNTIAN
RIDGE SUBDIVISION
0-C4
11
01N
t
AFTER REOORDING RETURN IO:
I ,
Kenneth M. Elliott w
O'DONNELL, RAMIS, CREW CORRIGAN o~
1727 N.W. Hoyt F'ln
Portland, Oregon 97209
p M
z(~ NE 1/4 NE 1/4 SECTION 4
EXHIBIT-2-
Page ~v of
" Pages