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City Council Packet - 05/21/1991 CITY OF TIGARD TIGARD CITY COUNCIL OREGON BUSINESS' MEETING AGENDA MAY 21, 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 TIGARD, OREGON 97223 of that agenda item. Visitor's Agenda Items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. • STUDY SESSION (6:30 P.M.) 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 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. 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: 3.1 Approve Council Minutes: April 2, 9, 16 and 23, 1991 3.2 Local Contract Review Board: a. Award Bid for S.W. 92nd Avenue Cook Park Access Roadway Improvements b. Award Bid for Main Street Bridge Replacement C. Award Bid for Bonita Road Improvements d. Award Bid for Bonita Road at 72nd Avenue Traffic Signal 3.3 Approve Update to Fire Codes and Continuation of Tualatin Valley Fire and Rescue District Enforcement of the Fire Codes in the City of Tigard - Resolution No. 917 3.4 Approve Temporary Parking Restrictions During Main Street Bridge Construction - Resolution 91- 3.5 Initiate Street Vacation Proceedings: a. Portion of S.W. 135th Avenue (Gross) - Resolution No. 91-32 b. Portion of S.W. 90th Avenue (Cook/Hing) - Resolution No. 91- CITY COUNCIL AGENDA - MAY 21, 1991 - PAGE 1 4. CONTINUATION OF COUNCIL DELIBERATION ON APPEAL OF SCE 90-0005, VARIANCE VAR-0027 SHERWOOD INN SIGN (NPO 5) A request for Sign Code Exception and Variance approval to allow two freestanding freeway- oriented signs where only one is permitted. Also requested is approval to retain one sign of approximately 1,180 square feet per sign face with a height of approximately 65 feet and one sign of approximately 698 square feet per sign face with a height of approximately 69.75 feet where the code specifies a maximum allowable sign area of 160 square feet per sign face and maximum allowable height of 35 feet. ZONE: C-G (General Commercial) LOCATION: 15700 SW Upper Boones Ferry Road (WCTM 2S1 12DD, Tax Lots 100, 900, 1100) • Continuation of Hearing from the April 23, 1991, Council Meeting • Update by Community Development Staff • Public Testimony a. Applicant to Submit Proposal for Sign Area as Requested by Council on 4/9/91 b. Other Testimony (Testimony Limited to Issue of Sign Area) • Recommendation by Community Development Staff • Council Questions or Comments • Consideration by Council: Motion Directing Final Order Preparation 5. ZONE CHANGE ANNEXATION ZCA 91-0012 FORAN/PRICE (NPO #3) A request to annex two parcels consisting of approximately 6.06 acres into the City of Tigard and to change the zone from Washington County R-6 (Residential, 6 units/acre) to City of Tigard R-7 (Residential, 7 units/acre) ZONE: Washington County R-6 (Residential, 6 units/acre) APPLICABLE APPROVAL CRITERIA: Comprehensive Plan Policies 2.1.1, 6.4.1, 10.1.1, 10.1.2, and Community Development Code chapter 18.138. LOCATION: 13145 & 13125 SW Bull Mountain Road (WCTM 2S1 9AB, tax lot 1300 & 2S1 9A, tax lot 1900) • Open Public Hearing • Declarations or Challenges • Staff Report - Community Development Department • NPO Comments • Public Testimony: Proponents Opponents • Recommendation by Community Development Department Staff • Council Questions or Comments • Public Hearing Closed • Consideration by Council - Resolution No. 91 & Ordinance No. 91- 0 6. PUBLIC RIGHT-OF-WAY VACATION HEARING FOR A PORTION OF SW 76TH AVENUE NEAR RENAISSANCE WOODS SUBDIVISION - Consideration of a proposed vacation of a portion of S.W. 76th Avenue abutting Renaissance Woods, a recorded plat in the City of Tigard. The proposal was initiated by City Council on April 9, 1991, at the request of John and Naomi Loewer. Any interested person may appear and be heard for or against the proposed vacation of said public right-of-way. • Open Public Hearing • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony: Proponents Opponents • Recommendation by Community Development Department Staff • Council Questions or Comments • Public Hearing Closed • Consideration by Council - Ordinance No. 91- CITY ' CITY COUNCIL AGENDA - MAY 21, 1991 - PAGE 2 7. LOCAL CONTRACT REVIEW BOARD CONSIDERATION: COOK PARK RESTROOM BID AWARD Community Development Staff ; 8. CONSIDERATION OF FEE WAIVER REQUEST (PACIFIC INSTITUTE FOR RATIONAL EMOTIVE THERAPY) FOR SENIOR CENTER • Administrative Services Risk Manager i 9. CONSIDERATION OF ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 1512 010 - REPAIR AND MAINTENANCE OF PUBLIC SIDEWALKS • Administrative Services Risk Manager 10. NON-AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the 3 provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 12. ADJOURNMENT cca521.91 CITY COUNCIL AGENDA - MAY 21, 1991 - PAGE 3 Council Agenda Item L(~j T I G A R D C I T Y C O U N C I L i MEETING MINUTES - MAY 21, 1991 • Meeting was called to order at 6:30 p.m. by Council President Schwartz. 1. ROLL CALL Council Present: Council President Schwartz; Councilors Carolyn Eadon and Valerie Johnson. Staff Present: Patrick Reilly, City Administrator; John Acker, Associate Planner; Ron Bunch, Senior Planner; Ken Elliott, Legal Counsel; Ed Murphy, Community Development Director; Brad Roast, Building Official; Catherine Wheatley, City Recorder and Randy Wooley, City Engineer. STUDY SESSION NOTES UPDATE TO FIRE CODE: Building Official was present to answer questions about Consent Agenda Item No. 3.3. The proposed resolution would allow the Tualatin Valley Fire and Rescue District to adopt current fire codes and to continue to enforce the fire codes in the City. The City of Tigard will not enforce any regulation which differs from the State Building Code. This resolution reflects no major changes from current practice. Building Official noted a change in the last paragraph on Page 10 of Ordinance No. 91-01 (Exhibit A to City of Tigard Resolution No. 91-30). The next to last sentence on that page (No. 18) refers to "Section 503 (e)"; this should read 11505 (e).11 APPLICATION FOR GRANT TO EXPAND LIBRARY: City Library Director Irene Ertell informed Council of Tigard's eligibility to apply for a federal grant for Library expansion. The Library Board would like Council direction as to whether the City should apply for the grant to expand the Library building. The Council reviewed a preliminary drawing outlining an expansion plan. This plan called for a bi-level addition of 4,500 square feet which would be built at the end of the building (towards Hall Boulevard). Features of the building include: • ability to sponsor additional programs • room for extra stacks • additional seating area • ability to enlarge the work room • ability to enlarge the staff area additional restroom facilities CITY COUNCIL MEETING MINUTES - MAY 21, 1991 - PAGE 1 The estimated cost of the expansion is $450,000; the maximum grant amount for any one City is $150,000. Council asked several questions about the terms of the grant. One of the primary stipulations is that the grant dollars must be matched. After discussion, Council consensus was: • The existing facility is too crowded usage increases have not leveled off after the first few years in the new building as had been expected. • The council was reluctant to specify that a certain dollar amount would be set aside for an indefinite time period for a matching fund; however, they supported the idea of pursuing fund-raising ideas. Library Director Ertell distributed proposed revisions to the Library Policy Manual which included revisions to the Tigard Municipal Code listing the Board responsibilities. The Council will be asked to revise the Code by ordinance in the near future. AGENDA REVIEW: Council and staff review the agenda. There was discussion on the Cook Park Restroom bids which came in over the estimate. Consensus of Council was to delay consideration of bid award until June 11, 1991. Staff will bring back to Council additional information on costs and feasibility of a scaled down facility or a possible remodel of the existing facility. BUSINESS MEETING 2. VISITOR'S AGENDA - No Visitors 3. CONSENT AGENDA: Motion by Councilor Johnson, seconded by council Eadon, to approve the Consent Agenda as follows: 3.1 Approve Council Minutes: April Z. 9, 16 and 23, 1991 3.2 Local Contract Review Board: a. Award Bid for S.W. 92nd Avenue Cook Park Access Roadway Improvements b. Award Bid for Main Street Bridge Replacement C. Award Bid for Bonita Road Improvements d. Award Bid for Bonita Road at 72nd Avenue Traffic signal 3.3 Approve Update to Fire Codes and Continuation of Tualatin Valley Fire and Rescue District Enforcement of the Fire Codes in the City of Tigard - Resolution No. 91-30 3.4 Approve Temporary Parking Restrictions During Main St. Bridge Construction - Resolution 91-31 3.5 Initiate Street Vacation Proceedings: a. Portion of S.W. 135th Avenue (Gross) - Resolution No. 91-32 t CITY COUNCIL MEETING MINUTES - MAY 21, 1991 - PAGE 2 b. Portion of S.W. 90th Avenue (Cook/Hing) - Resolution No. 91-33 It was noted that Item 3.3 had a correction in the Exhibit (see Study Session Notes). Councilor Johnson called attention to Items 3.2c. and 3.2d. which were projects funded by the Transportation Safety Bond. The motion was approved by a unanimous vote of Council present. 4. CONTINUATION OF COUNCIL DELIBERATION ON APPEAL OF SCE 90-0005 VARIANCE VAR-0027 SHERWOOD INN SIGN (NPO 5) • Continued to June 25, 1991 5. ZONE CHANGE ANNEXATION ZCA 91-0012 FORAM/PRICE (NPO #3) A request to annex two parcels consisting of approximately 6.06 acres into the City of Tigard and to change the zone from Washington County R-6 (Residential, 6 units/acre) to City of Tigard R-7 (Residential, 7 units/acre) ZONE: Washington County R-6 (Residential, 6 units/acre) APPLICABLE APPROVAL CRITERIA: Comprehensive Plan Policies 2.1.1, 6.4.1, 10.1.1, 10.1.2, and Community Development Code chapter 18.138. LOCATION: 13145 & 13125 SW Bull Mountain Road (WCTM 2S1 9AB, tax lot 1300 & 2S1 9A, tax lot 1900) a. Public hearing was opened. b. There were no declarations or challenges. C. Community Development Director summarized the staff report as presented to Council and filed with the Council packet material. d. Public Testimony: None e. Council Discussion: City Engineer responded to a question from Councilor Eadon and affirmed that the right-of-way boundary was drawn in such a way to help alleviate past boundary irregularities. f. Public hearing was closed. e. Council comment: Councilor Johnson referred to police department comments contained in the staff report noting the following concerns with "piecemeal" annexations: "....as you drive west on Bull Mountain Road off Highway 99W you are in the City, out, in, out, in, out, in, out, in, out, in, out, in, and out. This makes police ( response very difficult, confuses traffic enforcement and CITY COUNCIL MEETING MINUTES - MAY 21, 1991 - PAGE 3 in general causes problems for the police department. Also, since the general citizen doesn't know City limits, Tigard gets a 'bad rap' when problems in the "out" sections aren't addressed..." Councilor Johnson advised she thought the Council should revisit the annexation policy in general in the near future. f. RESOLUTION NO. 91-34 - A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT "A" AND OUTLINED IN EXHIBIT "B" ATTACHED. (ZCA 91-12) (FORAN) g. Motion by Councilor Johnson, seconded by Councilor Eadon, to adopt Resolution No. 91-34. The motion was approved by a unanimous vote of council present. h. ORDINANCE NO. 91-10 - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 91-12) (FORAN) AND DECLARING AN EFFECTIVE DATE. i. Motion by Councilor Johnson, seconded by Councilor Eadon, to adopt Ordinance No. 91-10. The motion was approved by a unanimous vote of Council present. 6. PUBLIC RIGHT-OF-WAY VACATION HEARING FOR A PORTION OF SW 76TH AVENUE NEAR RENAISSANCE WOODS SUBDIVISION - Consideration of a proposed vacation of a portion of S.W. 76th Avenue abutting Renaissance Woods, a recorded plat in the City of Tigard. The proposal was initiated by City Council on April 9, 1991, at the request of John and Naomi Loewer. a. Public hearing was opened. b. There were no declarations or challenges. C. Community Development Director summarized the staff report as presented to Council and filed with the Council packet material. He noted that no NPO comments were received. d. Public Testimony: • Bill McMonagle, 12555 S.W. Hall Boulevard, Tigard, OR 97223, testified as the engineer for the Renaissance Woods Subdivision. He reviewed the reasons for the vacation request. He advised the original route drawn on the Transportation Map was CITY COUNCIL MEETING MINUTES - MAY 21, 1991 - PAGE 4 j done as a matter of convenience and to show that 76th Avenue would continue in a general direction. No studies had been done to determine the exact route of the street; that is, studies showing environmental, topographical, and engineering practicality. He advised the vacation and realignment of 76th Avenue would allow a more orderly and economical means for land development in the area. Mr. McMonagle referenced adjacent property owed by the Christensens at 15865 S.W. 76th. The builder of the Renaissance Woods Subdivision planned to build a "good neighbor fence." • Randy Sebastian, 2098 S.W. 8th Avenue, West Linn, OR 97068 advised he was the builder/developer of Renaissance Woods I and II. He referred to issues of concern to the Christensens and advised that an agreement was drawn up to ease those concerns. • Amy Patton, 15735 S.W. 76th Avenue, Tigard, OR 97223 advised she did not receive notification by mail of the hearing. Ms. Patton was also concerned that development of this area had been proceeding irresponsibly, largely because of inadequate erosion control. She noted she would not want the vacation of right-of-way to, in some way, trigger higher density zoning assignment to adjacent property. She questioned realignment of the road because of the proximity of wetlands in the area. Community Development Director advised of notification procedure. Public hearing notices were sent to property owners of record, several postings on the property in question, and five publications in the local newspaper. Ms. Patton purchased her home within the last year; the property owner of the records in the City's possession showed the name of the previous owner. City Engineer reviewed the floodplain map and answered Council questions on the road alignment. • Phillip Christensen, 15685 S.W. 76th Avenue, Tigard, OR 97223, advised he was not opposed to the vacation, but did have some concerns. (See Mr. Christensen's letter which has been filed with the Council packet material.) He advised he was concerned that as the road develops in a piecemeal fashion, emergency service providers might become confused. Councilor Schwartz advised that he works CITY COUNCIL MEETING MINUTES - MAY 21, 1991 - PAGE 5 s ( at the Fire District and, because of the way emergency vehicles are dispatched, it is unlikely that they would enter a non-through portion of the street attempting to find their destination address. e. Community Development Director advised that staff recommended approval of the proposed ordinance vacating a portion of the S.W. 76th Avenue right-of-way. Councilor Johnson asked for clarification on the process for street realignment in this instance. Community Development Director advised that this was not an extraordinary means of development of a street. This issue had been reviewed and approved by the Planning commission. f. Rebuttal - Mr. McMonagle questioned review of the wetlands, road alignment, and density issues at this right-of-way vacation hearing. He referred to earlier Planning Commission discussion on these topics. g. Councilor Eadon advised that it had been her intention, as Mr. McMonagle had pointed out, to raise the issue of whether this was the appropriate arena to discuss issues already reviewed or better suited for review by the i Planning Commission. Legal Counsel affirmed that the Planning Commission was the appropriate body for review of the topics relating to density, land use, and associated items with regard to development of the subdivision. h. Public Hearing was closed. i. ORDINANCE NO. 91-11 - AN ORDINANCE VACATING A PORTION OF THE SW 76TH AVENUE RIGHT-OF-WAY LOCATED SOUTH OF RENAISSANCE WOODS I SUBDIVISION, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. j. Motion by Councilor Johnson, seconded by Councilor Eadon, to adopt Ordinance No. 91-11. The motion was approved by a unanimous vote of Council present. 7. LOCAL CONTRACT REVIEW BOARD CONSIDERATION: COOK PARR RESTROOM BID AWARD • This issue was continued to June 11, 1991. Staff will bring back to Council additional information on costs and feasibility of a scaled down facility or possible remodel of the existing facility. CITY COUNCIL MEETING MINUTES - MAY 21, 1991 - PAGE 6 8. CONSIDERATION OF FEE WAIVER REQUEST (PACIFIC INSTITUTE FOR RATIONAL-EMOTIVE THERAPY (RET) FOR SENIOR CENTER a. Council heard a request from Dr. Hank Robb, Rational Recovery Advisor, to waive the fee for his non-profit organization's use of the Senior Center one evening every week. Council asked Dr. Robb several questions about his group and their meeting-room needs. b. After discussion, Council consensus was to grant a 90-day extension of RET's use of the Senior Center facility at no charge. The Council did not support a permanent fee waiver. 9. CONSIDERATION OF ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 15.12.010 - REPAIR AND MAINTENANCE OF PUBLIC SIDEWALKS a. Administrative Services Risk Manager summarized the staff report as presented and filed with the Council packet material. b. There was brief Council discussion on liability issues. C. ORDINANCE NO. 91-12 - AND ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE SECTION 15.12.010, MAINTENANCE AND REPAIR OF PUBLIC SIDEWALKS. d. Motion by Councilor Johnson, seconded by Councilor Eadon, to adopt ordinance No. 91-12. The motion was approved by a unanimous vote of Council present. 10. NON-AGENDA ITEMS: None 11. EXECUTIVE SESSION: Cancelled. 12. ADJOURNMENT: 9:20 p.m. Catherine Wheatley, City Rec der Att Mayor, City of Tigard Date: ccm521.91 CITY COUNCIL MEETING MINUTES - MAY 21, 1991 - PAGE 7 f,.. TIMES PUBLISHING COMPANY P.O. BOX 370 PHONE (503) 684-0360 LegalTT 7977 BEAVERTON, OREGON 97075 Notic9 Legal Notice Advertising ° • City of Tigard ❑ Tearsheet Notice P.0. Box 23397 ° • Tigard, OR 97223 E3 Duplicate Affidavit • hN~CChV.`Gt tyfi y'yl AFFIDAVIT OF PUBLICATION .o,. x STATE OF OREGON, COUNTY OF WASHINGTON, jssr~ ep `5o4'`D p* G ° a Judith Koehle being first duly sworn, depose and say Rt I aq~ Director, or his principal clerk, of the arcs Advertising Q, B'° c a newspaper of general circulati N ao eat E' a t , 1~r1 and 193-020; as defined in ORS 193.010 ( Gpublished at ~l'l.gard af %eesgf c ctp pnd st t t the in the a printed copy of which is hereto annexed, was published in the d;" a , c °D-0 0 0 entire issue of said newspaper for 0ne consecutive in the following issues; successive and °q E U' ° y v b "'~@ 4-4 May 9, 1991 Subscribed and sworn to before me this 9th day of May 1991 in ~ 2+ ~ as [V @ S,pG c~:.~-set Notary Public for Oregon My Commission Expires: AFFIDAVIT C i. TIMES PUBLISHING COMPANY Legal TT 7936 P.O. BOX 370 PHONE (503) 684-0360 NotfOe j BEAVERTON, OREGON 97075 i Legal Notice Advertising • • ❑ Tearsheet Notj ,City of Tigard • ❑ Duplicate Affi P.O. Box 23397 ,Tigard, OR 97223 , l 55~ 1 AFFIDAVIT OF PUBLICATION s1, STATE OF OREGON, ) e COUNTY OF WASHINGTON, )ss' I I, Judith Koehler being first duly sworn, depose and say that I am Te„Advertising Director, or his principal clerk, of the llgarci 1-Imes a newspaper of general circulatiop ss def~'ned in ORS 193.010 and 193.020; published at 1llagar in the ' foresaid cou ty andd ntate~ that the- Notice or public right oway Vacation Hearing i a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for Five successive and ' consecutive in the following issues: r ~h{ . April 18, 25, Ms .2, 9 And 16,. 1991 Subscribed and sworn t before me this 16th day of May 1991 Notary Public for Oregon My Commissio plres:' AFFIDAVIT i TIDES PUBLISHING COMPANY Legal Tr 7988 P.O. BOX 370 PHONE (503) 684-0360 Notice BEAVERTON, OREGON 97075 Legal Notice Advertising The following meeting highlights are Published -for your information. Full. agendas may be'obtaided from the City;Re;:g4er, 13125 S.W:_Hall • ® © Tearsheet N( Boulevard; Tigard, Oregon,97223, or by calling 639-4171 ;r City of Tigard • O Duplicate affr Ch Y~COUNCIL-BUSINI~SS fEETI[vG P.O. Box 23397 MAY'21,1991.r Ti and OR 97223 TIGARI3 CITxHALL .TOWN BALL • g • 131251 S W, BALL ABOULEVARD,JIGARD, OREGON "Stud yMeedng ~ibwn I~a11 Conferen ii ce Roomy (6 30 p m ) ti3~{:.1 Business Meeting (Town $atI) (7 30~p m) ' AFFIDAVIT OF PUBLICATION 1'ubhc.Iieanrngs rl n r r j " STATE OF OREGON, )ss Continuation of Conipcil l7ehiieraUOn :on Appeal of SCE 90 0005, COUNTY OF WASHINGTON,) Variance•VAR 0027;,Sherwood Inn,S- (Np0 #5) ; i I, Judith Koehler Streot Vacation Portion of S W 76th`Avenue Anttiefation`-(Foran/Pnce) ltequestL 13145&13125,S`W 'B ill being first duly sworn, depose and stiatbam the Advertising MountaunRoad=e { Director, or his clerk of thea ra swego Review x` r ' It principal Solid Waste Fees Pass Through'Za1e increase ~r , € , a newspaper of general circul tin defined in ORS 193.010 and 193.020; published at )Weg° -in the OtherBnsmess F, 33 y ° a 1. Qr$saijl_coun state' th t th S , r a t .j 4 F j } a l 1 y UnCtaDUlsine'ss ee~ing Y Consideranori of Side vallc Orden nCg t ~sAl uldn~ Property Qwner; a printed copy of which is hereto annexed, was published in the } 12esponsnbthty for Repair and IVfatnten'ance of PubLe Sidewallcs "f entire issue of said newspaper for One successive and ' e ~~9sji7 'Piet =r } : lax Local COntractfteview Boarfi consecutive in the following issues: Exequt<vz Sesston 51 May 16, 1991 iThe'1'ard' gaity Counc 1 ilI $`o nr ' . 3 A toEaecattve:Sessionuu'de=the ;provisipn Yof ORS 192 C)+ ib (1),(d (e) .0 dis~uss}la6ot~rela / / pons, rea~property~transacaon, current and peinding$on~is 4 'Al TI'7988 PubLsh May 16, 1991 ` 4' ~x~~r°' Subscribed and sworn t before me this 16th day of May 1991„- Notary Public for Oregon My Commission Tres: AFFIDAVIT +iGEND M N( r ;k ;2ti x..p DATE : (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME & ADDRESS TOPIC STAFF CONTACTED Please sign in to testify on the following: AGENDA ITEM NO. 4 DATE: 5/21/91 NO=: SHERWOOD INN SIGN APPEAL WILL BE OONTINUED TO THE JUNE 25, 1991 OOUNCIL KMWIQG... PLEASE PRINT NAME & ADDRESS NAME & ADDRESS r y; i i Please sign in to testify on the following: ..,AGENDA;'ZTEM' NO: 5=', DATE: 5/21/91 RAN/PR3CE., ZONE CHANGE' ANNEXATION ZCA 93-0012 F0 " NPO 43 PL"EASE~gRINT.v NAME & ADDRESS NAME & ADDRESS Proponent (For Annexation) Opponent (Against Annexation) Ibc- u Please sign in to testify on the following: AGENDA:, STEM.NOs DATE : 5/21/91,. -'PUBLIC'. RIGHT=OF-TniAY VACATION HEARINGFOR; A'., PORTION:- OF .SW 76TH AVENUE-:NEAR. RENAISSANCE WOODS,SUBDIY'ISION;:_ ' 'PLEA.SE 4~PRjNT NAME & ADDRESS NAME & ADDRESS Proponent(For Vacation) Opponent (Against Vacation) C r G 5 23s- S tj 2-Z_e4 l CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss City of Tigard ) I. begin first duly sworn, on oath depose and say: That I posted in the following ublic and onspicuous places, a copy of Ordinance Number (s) ,l I -k k, ci - S3- which were adopted at the Council Meeting dated copy (s) of said ordinance (s) being hereto attached an by reference made a part hereof, on the date ofQ 1991. 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. Washington Federal Saving Bank, 12260 SW Main St., Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon '`eftscribed and sworn to efor me this Q date of , 77 N ary Publi Or My Commission ire h:\1ogin\jo\cwpost CITY OF TIGARD, OREGON ORDINANCE NO. 91-Jo AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 91- 12) (FORAM) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has recieved a request for annexation signed by Frank and Patricia Foran, and Elizabeth Price who are the owners of the subject parcels; and WHEREAS, The City Council held a public hearing on May 21, 1991 to consider the annexation request and to consider zoning designations for the property; and WHEREAS, on May 21, 1991 the City Council approved a resolution forwarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by the planning staff as set forth in Section 1 below is that which most closely conforms to the Washington County zoning designation as provided in the Washington County-Tigard Urban Planning Area Agreement. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The recommendation of the planning staff as set forth below is consistent with policy 10.1.2 and 10.1.3 of the City's Comprehensive Plan. Tax Man/Lot Number Current Zoning Proposed Zoning 2S1 9AB/1300 Wash. Co. R-6 Tigard R-7PD 2S1 9A/1900 Wash. Co. R-6 Tigard R-7PD Current Plan Designation Proposed Plan Designation Wash. Co. R-6 Tigard Medium Density Residential Section 2: The property meets the definition for a developing area as defined in Chapter 18.138 of the Community Development Code and shall be designated as such on•the development standards area map. Section 3: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED: By 01?a n /pvu s vote of all Council members iid~es nt after being read by number and title only, this o1 day of 7, / !'J / atherine Wheatley, City Recordek C APPROVED: This ~ST day of 1991. 9ouncil President v A fmved,. ga t C y i torney r' ' JlJ/ Da CITY OF TIGARD, OREGON ORDINANCE NO. 91-11 AN ORDINANCE VACATING A PORTION OF THE SW 76TH AVENUE RIGHT-OF-WAY LOCATED SOUTH OF RENAISSANCE WOODS I SUBDIVISION, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request. on April 9, 1991 in accordance with Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the purpose of this vacation is to vacate an unimproved portion of SW 76th Avenue that is no longer needed because it is to be relocated approximately 100 feet west of. its present location in conjunction with the development of Renaissance Woods II subdivision; and WHEREAS, the abutting property owner, Renaissance Development Corporation, supports the vacation; and WHEREAS, Renaissance Development Corporation has shown that when the property to the south of the vacatedright-of-way is developed a proper street connection, that meets City standards, can be built; and ti WHEREAS, the Tigard - Water District has agreed to abandon its existing facilities located in the portion of SW 76th Avenue to be vacated and to relocate those facilities within the new alignment of SW 76th Avenue at the- expense of Renaissance Development Corporation; and WHEREAS, all other affected service providers, including utility companies and emergency services, have reviewed the vacation proposal and have no objections to it; and WHEREAS, in accordance with ORS 271.100, the TMC 15.08.110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, the Council, having held a hearing on May 21, 1991 finds the public interest will not be prejudiced by the vacation as provided by ORS 271.120 and TMC 15.08.130; and WHEREAS, the Council finds it is in the public interest to approve the request to vacate the unimproved portion of SW 76th Avenue !.ocated south of Renaissance Woods I subdivision. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of the unimproved portion of SW 76th Avenue located south of the Renaissance Woods I Subdivision, as described on the attached "Exhibit A" and shown on the attached "Exhibit B", and by this reference made part hereof. SECTION 2: The Tigard City Council further. orders that the vacation be subject to the following condition: 1. The applicant shall be financially responsible for the cost of relocating the Tigard Water District facilities. presently located in the existing right-of-way. These facilities shall be realigned with -the existing facilities within the portion of SW 76th Avenue located in Renaissance Woods I subdivision and the portion of SW 76th Avenue located south of the vacated area. SECTION 3: This ordinance shall be. effective on the 31st day after enactment by. the City Council, approval by the Mayor, and after a certified copy has been recorded with the Washington County Clerk, Assessor, and Surveyor. PASSED: By unnr1lr ous vote of the Council members r sent after being read by number and title only, this day of -12162 24,-- , 1990. / Ca erine Wheatley, City corder APPROVED: This ads day of , 90. ouncil President • a Mayer Ioved as to orm- A L_" y o ey ate 1 ORDINANCE NO. 91- PAGE 2 ' EXHIBIT "A" A tract of land located in the S.W. 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, County of Washington, Oregon more particularly described as follows: All of that portion of a 40 foot road known as S.W. 76th Avenue and dedicated to the public adjacent to Lots 17 and 18 of Durham Acres, a duly recorded plat in Book 5 Page 16 with Washington County. i f 1• tr ~ S.W. CAROINA m a S W. 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O 329.5+• I t I 2S- t~ 1 Irl 1 1 ,31 1 200 . 2S-~~~2CD slap poo , CITY OF TIGARD, OREGON ORDINANCE NO. 91-/2 AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE SECTION 15.12.010, MAINTENANCE AND REPAIR OF PUBLIC SIDEWALKS. WHEREAS, TMC 15.12.010 designates repair and maintenance of sidewalks as the responsibility of the abutting property owner; and WHEREAS, Oregon caselaw suggests the City should add language to the code to further protect the City's interests. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: TMC 15.12.010, designating repair and. maintenance of sidewalks as the responsibility of abutting property owners, is hereby amended as follows with language to be added underlined and language to be deleted in [brackets]: "15.12.010 Maintenance and repair of public sidewalks" It is the duty of -all persons owning lots or land which have-public sidewalks abutting the same, to maintain and keep in repair the sidewalks and not permit them to become or remain in a dangerous or unsafe condition. "Maintenance" includes, but is not . limited to, the removal- of snow and -ice. Any owner[s] of a lot[s] or land who neglects to promptly comply with the provisions of this section is fully liable to any person injured by such negligence. The City shall be exempt .'from all liability, including .but not limited 'to common-law liability, that it might otherwise incur to an injured party as a result of the City's negligent failure to maintain and repair public sidewalks." SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By OnQ Q'IMOU.S vote of all Council members present after-being read by number and title only, this ~?I5~ day of 1991. t-dtherihe Wheatle ity Reco er APPROVED: This day of 1 1. W Ap s to form: City Attornibt Dat ORDINANCE No. 91- Page 1 i 4 t 5'la Ic! MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator FROM: Irene Ertell, Library Director-91'- DATE: April 26, 1991 SUBJECT: Revisions to Library Policy Manual At its April 11, 1991 meeting, the Tigard Library Board voted to revise three* sections of the Library Policy Manual which was adopted in May 1988 and Chapter 2.36.040 of the City Municipal Code. Section IV Reconsideration of Library Materials, was expanded to reflect more accurately the way in which complaints are handled at present and to present a clear line of responsibility for handling these complaints. In asmuch as the complaint form, "Request for Reconsideration of Library Materials," becomes a public document once it is filled out and signed, this fact will now appear at the bottom of the form. "Signature of Complainant" has been changed to "Signature." These changes were reviewed with City Attorney, Tim Ramis. Section VII, Privacy of Records, was revised in line with a change in ORS 192.501 which no longer prohibits disclosure of patrons' reading records if "public interest requires disclosure." This too was reviewed with the City Attorney. Section VIII, Meeting Room Use, applies- to the Library's Quiet Room. The changes were made so that the library's policy conforms to the city-wide policy. The last revised item concerns Library Board responsibilities. The Municipal Code in Chapter 2.36.040 "Board Responsibilities" lists seven responsibilities. The Board has reduced this to four which they believe accurately reflects the duties of an advisory board and is a more- precise description of how they carry out their responsibilities. They would like to see the Code revised accordingly. Each of these revisions is attached with copies of the original. If there are no problems with the revisions .to the three policy statements, the changes will be made as appropriate. If the change to the Municipal Code zs approved, the appropriate steps will be taken for that revision. POLMEMO werdVibrary Iy-- RECONSIDERATION OF LIBRARY MATERIALS: As the Library strives to provide books and other materials for the interest, information, and enlightment of all people in the community, it- is inevitable that there will be disagreement on the merit of various items. The Library selection staff is not able to read or review each item before ordering, though it utilizes as much as possible recognized review sources. If a patron or a group objects to any item, they will be furnished with the "Request for Reconsideration of Library Materials" form (see following) which must be filled out before reconsideration will be given. The Library Director will examine the item in question, checking reviews and determining whether it conforms to the standards as stated in the Selection of Library Materials. The Library Director will decide whether to withdraw or restrict the material in question and will write to the complainant giving the reasons for the decision. If the complainant wishes to contest the Library Director's decision, the "Request for Reconsideration of Library Materials" may be presented to the Library Board for review, by letter or by making prior arrangements to be on the agenda of a Library Board meeting. The Board will consider the complaint and the Library Director's recommendations. The Library Board will make its decision based on the standards as stated in Selection of Library Materials. C 0020L _~1_ ' ./LC.r,Gc✓ Cow ( PART IV. RECONSIDERATION OF LIBRARY MATERIALS: As the Library strives to provide books and other materials for the interest, information and enlightenment of all people in the community, it is inevitable that there will be disagreement on the merit on various items. The library selection staff is not able to read or review each item before ordering, though it utilizes recognized review sources as much as possible. Recognizing that we all have a right to disagree and question, the Library staff will try to determine initially if the individual or group is seeking information as to why a particular item has been selected or if they object to the availability of the item and wish to have it removed from the shelf or to restrict access. If the individual or group is only seeking information, the matter should be handled informally by a professional librarian. This is an opportunity to explain the public library's mission and the guarantee of our freedom to read under the First Amendment. If the individual or group objects to the material being available and wishes to F have the material removed from the library, then they will be furnished with the -Request for Reconsideration of Library Materials' form (see page 12) which must be filled out before the item will be reconsidered. The Library Director will examine the item in question, seeking reviews and determining whether it conforms to the standards as stated in the Selection of Library Materials. The Library Director will decide whether to withdraw or restrict the material in question and will write to the complainant giving the reasons for the decision. If the complainant wishes to contest the Library Director's decision, the Request for Reconsideration of Library Materials' may be presented to the Library Board for review either by letter or by making prior arrangements to be on the agenda of a Library Board meeting. The Board will consider the complaint and the Library Director's recommendations. The Library Board will make its decision based on the standards as stated in Selection of Library Materials. If the complainant contests the Library Board's decision, the matter will be referred to the City Council. i t i t VII. PRIVACY OF RECORDS: Lry person has a right to inspect any public record of a public body in this state except as otherwise expressly provided by ORS 192.501 to 192.505. Patron registration is a public record and not exempt by ORS 192.500. Public library circulation records showing the use of specific library materials by named persons are exempt from disclosure under ORS 192.410 and ORS 192.500. Such disclosure.-would clearly constitute an unreasonable invasion of privacy. Any problems or conditions relating to the privacy of a patron through the records of Tigard Public Library which are not provided for in this policy statement should be referred to the Library Oirector who after study and consultation with the Library Board and/or Legal Counsel, shall issue a written decision as to whether to heed the request for information. (Policy based on Policy on Confidentiality of Library Records," adopted by the Council of the American Library Association, January 20, 1971; revised July 4, 1975, by the ALA Council.) s i l 0020L -15- i r C PART VII. PRIVACY OF RECORDS: s The public library circulation records showing the use of specific library materials by named persons are conditionally exempt under ORS 192.501. ORS 192.501 exempts a specific type of record information 'unless the public' } interest requires disclosure in the particular instance.' Though libraries are exempt from disclosure, exemption does not prohibit disclosure. The Tigard Public Library believes that the disclosure of a person's record showing the use of specific library materials is an invasion of privacy. Therefore, unless 'public interests' can be shown, the Library Director will 5 refuse to disclose such records. The Library Director will refer all such requests to legal counsel who will advise the Library Board and City Council on :a an appropriate response by the Library Director. i3 W" •t ; NsWord%library%lbypol I t i rj li i VIII. MEETING ROOM USE: O Tt._ Tigard Public Library provides a meeting/study room for library-sponsored or co-sponsored programs and meetings which meet the Library's civic, informational, educational, cultural, and recreational service goals. When not in use for library activities, the meeting/study room is available to j local community organizations and committees under the following guidelines approved by the Library Board. The Library Board neither approves nor disapproves of content, topics, subject matter, or points of view of individuals or groups using the meeting/study room. 1. The room is available for nonprofit, educational, or cultural groups or individuals who wish to study. 2. Groups may schedule a regular meeting time. Groups with a regularly scheduled meeting will be notified if a special situation arises and will be asked to reschedule a certain day to accommodate any special meeting or event. 3. A group may not charge admission for a meeting or event. 4. Generally, educational or training conferences, workshops, planning sessions, etc., need not be open to the public and will not be publicized with library events. Admission fees or collections may not take place, but registration fees for materials or tuition may be collected in advance, off the premises. The meeting/study room is available for use during the hours the library is open. A program or meeting may not continue past the closing hour for the library. Special arrangements. can be made for the use of the room when the library is closed to the public and library staff is in the building. The room is not available on days the library is closed and library staff is not present. 6. Simple refreshments may be served in the meeting/study room, provided the room is left in the condition in which it was found and users bring their own utensils and supplies. Notification must be made ahead of time if refreshments are to be served. The group will be charged for damage incurred to furnishings or carpet during the meeting.. No alcoholic beverages are allowed on the premises. 7. No smgking is allowed in the library. 8. The Library Board or the City of Tigard is not responsible for accidents, injury, or loss of individual or group property while using the meeting/ study room. 9. Specific rules governing the use of meeting/study room will be established and supervised by the Library Director and Library staff. '0020L -16- MEETING ROOM USE The Tigard Public Library provides a meeting/study room for meetings which meet the Library's civic, informational, education, cultural, and recreational service goals. When not in use for library activities, the meeting/study room is available to local community organizations and committees under the following guidelines approved by the Library Board. The Library Board neither approves nor disapproves of content, topics, subject matter, or points of view of individuals or groups using the meeting/study room. 1. The room is available for nonprofit, educational, or cultural groups or individuals who wish to study. 2. Groups or individuals may schedule a regular meeting time. The Library retains the right to cancel or relocate a meeting upon 24 hours notice. 3. The meeting/study room is available for use during the hours the library is open. A program or meeting may not continue past the closing hour for the library. Special arrangements can be made for the use of the room when the library is-closed to the public and library staff is in the building. The room is not available on days the library is closed and library staff is not present. 4. No smoking, food, or beverages are allowed in the library. 5. CITY UABILiTY All groups or individuals using the Library meeting room agree to protect, indemnify, and defend the City, its authorized agents, elected and appointed officials, and all employees against any and all claims as a result of persons attending any function at the facility. This provision includes any expenses incurred by the City defending any such claim. The City, Its elected and appointed officials, and all employees will not be held responsible for any lost or stolen ankles, clothing, etc., as a result of persons attending any function in the building. USER LIABILITY The City recognizes that a certain amount of wear will occur to the meeting room over the course of normal use. However, in the event the above maintenance guidelines are violated, the user will be liable for the following charges: 1. Repair or replacement of equipment or facilities damaged due to neglect, vandalism, or misuse. 2. Cleaning expense incurred to clean up the room if not left in the same condition as found. 6. Functions occurring in the meeting/study room must not violate any City Ordinance or disrupt normal Library activities. 7. Specific rules governing the use of meeting/study `room will be established and supervised by the Library Director and Library. staff. Rye id 2/91 0020L _16_ i 1 2.30.04C the mayor, subject to confirmation by =he city council, shall appoint a new member to serve fo= the duration of the unexpired term. (3) No person may serve more than two full consecu- tive terms on the library board, notwithstanding prior appointment to. an unexpired term. After a one-year interval, a former member who had served two tens may be reappointed.. (4) Members of the library board shall receive no compensation. (c) Meetings. The library board shall meet at least six times a year and every meeting of the board shall be publicized in advance and shall be open to the public. (d) Officers. The library board shall, at its first meeting after July 1, 1977, and at least annually thereafter elect a chairman and a chairman pro tem. The chairman shall preside over the meetings of`the board- The head librarian, or his authorized designee; shall serve as secretary to the library board.and shall keep. accurate records of all board meetings. which records shall be made, available to the city administrator, city council and interested public-upon re- .quest. (Ord. 84-3551, 2•, 1984: Ord.- 77-57,51, -1977: Ord. 72-30 53, 1972). The -library board shall hav-a-the following responslbltttias: - (1) To advise the city administrator and city council of findings arid•concerns relating to the management, control and operation of city library facilities; (2) To formulate for recommendation.to the city council, rules, regulations and policies as deemed desirable for the governance, maintenance of order, safety, operation and utili- zatioin of library facilities and to monitor the application of all adopted rules, regulations and policies; (3) To monitor the operation of the library for. the purpose of identifying any deficiencies in the level of ser- vice being. provided to the public and to recommend to, the city administrator and city council appropriate remedial actions where deficiencies are found to exist (4) To make recommendations to the budget officer re- garding financial needs of the library during the. preparation of the annual budget; (5) To encourage and support active volunteerism in sup- port of the use and improvement of the library facilities; (6) To ascertain the library needs of the community and to present to the city council. evaluations and recommendations regarding needs and desires as expressed by library patrons;- (7) To perform such other duties and to provide such other advice as the council may request from time to time in furtherance of the goal of providing the best library s3rvice i 2S (Tigard 9/84) t i 2.36.050--2.40.020 \ to the public as is possible under t-he constraints of avail- able revenue, space, manpower and other public resources. (Ord. 77-57 52, 1977: Ord. 72-30 54, 1972). 2-36.050 Donated funds. All funds donated to the city for library purposes shall be subject to the same rules, regulations and expenditure control as applicable to appro- priated funds; provided, however, that such donated funds shall be accounted for under the caption of "public library donations," and such funds-shall be subject to expenditure only for the purposes-for which donated, except that funds received from donors without specific limitations as to use may be used for general library purposes. (Ord. 72-30 55, 1972). 2.36.060 Fees. (a) Users and matrons who reside in or have their business in the city limits of Tigard shall not be required to pay a library privilege fee, but shall be liable to pay such fines or late charges as maybe pre- scribed by resolution of.the council- (b) All fees and charges received shall be accounted for as general fund receipts under the heading of "public library." (Ord_ 84-35 53, 1984: Ord. 76-55 51, 1976: Ord. 72-30 56, 1972). Chanter 2.40 NOMINATING PROCEDURE Sections: 2.40.010 Petition--Form. 2.40.020 Nomination acceptance--Form--Furnished by city recorder. 2.40.030 Filing dates--Mayor- 2.40.040 Filing dates--City council. 2.40.050 Filing dates--Extension in case of weekend _ IQ- . or holiday. 2.40.010 Petition--Form. The form of nominating peti- tion for all candidates for elective positions within the city shall substantially conform to the form designated•by the Secretary of State. (Ord. 86-05 51, 1986: Ord. 64-19 51, 1964). 2.40.020 Nomination acceptance--Form--Furnished by city recorder.* The city recoraer is- authorized and directed t Exhibit A is on file in the city recorder's office. 29 (Tigard 8/15/86) i LIBRARY BOARD RESPONSIBILITIES: The Library Board shall have the following responsibilities: 1. To represent the library needs of the community and communicate those needs to the City Council; 2. To recommend library policies as deemed desirable in the operation and utilization of library facilities to the Council; 3. To encourage and support active volunteerism in support of the use and improvement of library facilities; 4. To advise, as the Council may request, in furtherance of the goal to provide the best library service to the public as possible within the constraints of available resources, space and manpower. wordJibrArVV bPW t~ . i COUNCIL AGENDA ITEM NO. 3,a b , tY 1 CITY OF TIGARD, OREGON r COUNCIL AGENDA ITEM SUMMARY t LOCAL CONTRACT REVIEW BOARD AGENDA OF: MAY 21, 1991 DATE SUBMITTED: MAY 9, 1991 ISSUE/AGENDA TITLE: Bid Award for PREVIOUS ACTION: Main Street Bridge Replacement 4 PREPARED BY: Gary Alfson DEPT HEAD O CITY ADMIN OK / REQUESTED BY: POLICY ISSUE y Y 1 Award of construction contract for the Main Street Bridge Replacement. INFORMATION SUMMARY s This project provides for the replacement of the Main Street Bridge over Fanno Creek. The new bridge will match the width of the existing pavement with 8' sidewalks on both sides. Two way traffic will be maintained during construction. ' Pedestrian access will be maintained on one side during construction. Bids will be opened on May 14, 1991. Bid results will be available prior to the May 21st Council meeting. ALTERNATIVES CONSIDERED 1. Award the contract to the lowest responsible bidder. 2. Reject all bids. FISCAL IMPACT ; This project is funded through the Major Streets Bond approved in November 1988. SUGGESTED ACTION That the Local Contract Review Board, by motion, authorize the City Administrator to sign a contract with the lowest responsible bidder. dj/H:\engdoc\counci1\ss-=inb.GA `i j~ MEMORANDUM CITY OF TIGARD TO: Randy Wooley, City Engineer May 16, 1991 FROM: Gary Alfson, Senior Project Enginee~ SUBJECT: Award of Construction Contract Main Street Bridr- Replacement On May 14, 1991, bids were opened for the Main Street Bridge Major Streets Bond project. Seven bids were opened as follows: Cushing Bros. Salem, OR $ 296,672.50 Holm II Stayton, OR 307,472.00 W.G. Moe Portland, OR 326,425.00 Berning Const. Wilsonville, OR 333,806.00 K-2 Const. Portland, OR 341,250.00 Progressive Const. Osseo, MN 394,166.00 Elting Clackamas, OR 398,865.00 The Engineer's estimate (OBEC) was $333,000. Attached is a letter from OBEC recommending award of the bid to the low bidder, Cushing Brothers. I concur with their recommendation. Due to the scope of the work I recommend awarding the bid as soon as possible. dj/GA:m-award.bid r COUNCIL AGENDA ITEM 3,a GL. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY LOCAL CONTRACT REVIEW BOARD AGENDA OF: May 21, 1991 DATE SUBMITTED: May 9, 1991 ISSUE/AGENDA TITLE: Award Contract PREVIOUS ACTION: Advertising for for SW 92nd Ave. Cook Park Access bids authorized June 25, 1990. Roadway Im rovem s PREPARED BY: Greg Berrv DEPT HEAD OK Mff CITY ADMIN OK REQUESTED BY: POLI ISSUE Award contract for construction of SW 92nd Avenue Cook Park Access Roadway Improvements. INFORMATION SUMMARY This project will provide bike and pedestrian access to Cook Park by widening SW 92nd and has been approved by the Park and Recreation Board. On May 9, 1991, bids for the construction of the project were opened with the following results: Fabricators Inc., Salem, OR $ 43,150.00 Kerr Contractors, Inc., Tualatin, OR 48,895.00 Benge Construction, Lake Oswego, OR 51,453.00 Northwest Earthmovers, Tualatin, OR 52,709.90 Eagle-Elsner, Inc., Tigard, OR 56,300.00 A.C.S. Inc., Vancouver, WA 67,317.00 Engineer's estimate prepared by Kampe Assoc. Inc.: $ 48,750.00 ALTERNATIVES CONSIDERED 1. Award the contract to the lowest bidder. 2. Reject all bids. FISCAL IMPACT This project is funded by the Park Levy. SUGGESTED ACTION That the Local Contract Review Board, by motion, authorize the City Administrator to award the contract to Fabricators Inc. ms/ss-ba-92.gnb COUNCIL AGENDA ITEM NO. 3.c~ C. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY LOCAL CONTRACT REVIEW BOARD AGENDA OF: MAY 21, 1991 DATE SUBMITTED: MAY 9, 1991 ISSUE/AGENDA TITLE: Bid Award for PREVIOUS ACTION: Bonita Road Improvements 2 • PREPARED BY: Gary Alfson IAK DEPT HEAD OK CITY ADMIN OK REQUESTED BY: POLICY ISSUE Award of construction contract for the Bonita Road Improvement project. INFORMATION SUMMARY This project provides for the improvement of Bonita Road from 83rd Court to Fanno Creek. The improvements consist of regrading the pavement, providing a center turn lane, sidewalks, drainage, street lights and underground utilities. Sanitary sewer lines will be extended where appropriate to avoid future excavation in the new street. Bids will be opened on May 14, 1991. Bid results will be available prior to the May 21st Council meeting. ALTERNATIVES CONSIDERED 1. Award the contract to the lowest responsible bidder. 2. Reject all bids. FISCAL IMPACT This project is funded through the Major Streets Bond approved in November 1988. Approximately $27,000 of the project cost will be charged to the Sanitary Sewer CIP account. It is intended that the sewer cost will be repaid through a reimbursement district as properties are connected to the sewer in the future. SUGGESTED ACTION That the Local Contract Review Board, by motion, authorize the City Administrator to sign a contract with the lowest responsible bidder. dj/H:\engdoc\council\ss-bnita.GA i r 3.~ C, MEMORANDUM CITY OF TIGARD TO: Randy Wooley, City Engineer May 16, 1991 FROM: Gary Alfson, Senior Project Engineer SUBJECT: Award of Construction Contract Bonita Road Improvements On May 14, 1991, bids were opened for the Bonita Road Major Streets Bond project. Seven bids were opened as follows: Brundidge Const. Boring, OR $ 627,555.22 Northwest Earth Movers Tualatin, OR 634,048.05 Rutan Construction Beaverton, OR 670,841.00 Bones Construction Aloha, OR '119,034.08 Coffman Excavating Oregon City 719,955.00 Dirt & Aggregate Troutdale, OR 758,553.00 Eagle-Elsner Tigard, OR 859,875.57 The engineer's estimate (Kampe) was $584.000. Attached is a letter from Kampe recommending award to the low bidder, Brundidge Construction. I concur with their recommendation. Due to the scope of the work required I recommend awarding this contract as soon as possible. dj/GA:m-award.bid i COUNCIL AGENDA ITEM NO. 3. d. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 21, 1991 DATE SUBMITTED: May 9. 1991 ISSUE/AGENDA TITLE: Bid Award PREVIOUS ACTION: for Bonita Road at 72nd Avenue Traffic Signal PREPARED BY: Gary Alfson DEPT HEAD O CITY ADMIN O REQUESTED BY: POLICY ISSUE Award construction contract for the Traffic Signal installation at Bonita Road and 72nd Avenue. INFORMATION SUMMARY This project provides for the installation of a complete traffic signal system including emergency vehicle pre-emption. Six were received as follows: Grasle Electric, Portland, Oregon $97,057.20 H & H Electric, Portland, Oregon $104,341.35 Tice Electric, Portland, Oregon $105,560.00 Highlite Construction, Brush Prairie, Wash. $109,344.91 M & J Electric, Portland, Oregon $111,105.00 Hamilton Electric, Eugene, Oregon $111,198.70 The consultant engineer's (Mackenzie Engineering, Inc.) estimate: $102,331.00 ALTERNATIVES CONSIDERED 1. Award the contract to the lowest responsible bidder. 2. Reject all bids FISCAL IMPACT This project is funded through the 90-91 Street Capital Improvement Program. SUGGESTED ACTION That the Local Contract Review Board, by motion, authorize the City Administrator to sign a contract with Grasle Electric. dj/ss-bon72.GA C i R COUNCIL AGENDA ITEM 33 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 21, 1991 ATE SUBMITTED: May 1, 1991 ISSUE/AGENDA TITLE: / REVIOUS ACTION: None Fire Code Resolution / PREPARED BY: B Roast DEPT HEAD OK CITY ADMIN O QUESTED BY: B Roast POLICT ISSUE Should the City Council approve the attached resolution, allowing the Tualatin Valley Fire and Rescue District Ordinance 91-01 to update the fire codes? INFORMATION SUMMARY The attached resolution will allow the Tualatin Valley Fire and Rescue District to adopt current fire codes, and to continue to enforce the fire codes in the City. The City of Tigard will not enforce Ordinance 91-01, or any regulation that differs from the State Building Code. ALTERNATIVES CONSIDERED 1. Approve the attached resolution which will update the fire codes, and allow the Tualatin Valley Fire and Rescue District to continue to enforce the fire codes in the City of Tigard. 2. Take no action. FISCAL IMPACT Approving the attached resolution will allow the City to continue to collect an estimated $2,000.00 annually in accounting/administrative costs. SUGGESTED ACTION Approve the attached resolution which will update the fire codes, and allow the Tualatin Valley Fire and Rescue District to continue to enforce the fire codes in the City of Tigard. . r f COUNCIL AGENDA ITEM 3,Ll i CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 21, 1991 DATE SUBMITTED: ISSUE/AGENDA TITLE: _Temporary PREVIOUS ACTION: parking restrictions during Main St. bridge constr ction PREPARED BY: City Engineer DEPT HEAD OK CITY ADMIN OK REQUESTED BY: POLICY ISSUE Shall the City Engineer be authorized to establish temporary parking restrictions along a portion of Main Street during construction of the Main Street bridge replacement? INFORMATION SUMMARY On May 1st, a meeting was held to discuss the Main Street bridge replacement project with the owners of affected businesses. Areas were identified where parking must be prohibited during construction in order to allow safe work area for construction equipment while keeping the street open to traffic. It was identified that some of the businesses depend on adequate nearby short-term parking (30 minutes or less) for customers who only stop briefly to drop off or pick up materials. Therefore, during certain phases of the construction, it may be appropriate to designate certain parking spaces for short term parking. The attached resolution would authorize the City Engineer to temporarily designate areas where parking is prohibited and areas of short term parking. This authority would end when the construction project is complete. Our intention is to work with the business owners throughout the project and to revise the parking restrictions periodically during construction, to best accommodate the business parking needs during the various phases of construction. ALTERNATIVES CONSIDERED 1. Approve the attached resolution authorizing temporary parking restrictions. 2. Reject the resolution. FISCAL IMPACT Minor costs for signing will be charged to the project. SUGGESTED ACTION Approval of the attached resolution. rw/main-pkl i COUNCIL AGENDA ITEM N0.3,5'a, CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 21. 1991 DATE SUBMITTED: April 12, 1991 ISSUE/AGENDA TITLE: Initiation OTHER ACTION: Currently under of Vacation Proceedings for a consideration: CPA 91-0001 for Portion of SW 35 h venue a change from R-25 to C-G. DEPT HEAD OK PREPARED BY: Planning Staff CITY ADMIN OK REQUESTED BY: Staff & Property - Owners POLICY ISSUE Should the Council initiate proceedings for the proposed vacation of a portion of SW 135th Avenue, calling for a formal review and setting a date for a public hearing? Resolution No. 85-30 states that Council will initiate vacations if the vacation appears to be in the public interest. The proposed vacation appears to be in the public interest at this time. INFORMATION SUMMARY Bill Gross, petitioner, is requesting that City Council initiate a vacation of a portion of the SW 135th Avenue right-of-way adjacent to property he owns at the corner of SW 135th Avenue and Scholls Ferry Road (see accompanying map). A 1988 realignment of SW 135th Avenue at this location eliminated the City's need for this portion of the right-of-way. Appropriate agencies are being contacted for comments. The area proposed to be vacated will be converted to an easement to accommodate existing utilities as a condition of approval. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution initiating vacation proceedings and calling for a public hearing on June 25, 1991. 2. Take no action at this time. 3. Require the applicant to circulate a petition. FISCAL IMPACT All fees and staff costs will be paid by the applicant. SUGGESTED ACTION Staff recommends Council initiate vacation proceedings by adopting the attached resolution. l i ,t k COUNCIL AGENDA ITEM NO. 3.5 b CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 21, 1991 DATE SUBMITTED: April 12, 1991 ISSUE/AGENDA TITLE: Initiation OTHER ACTION: Two previous of vacation Proceedings for a requests for vacation of this Portion of SW 0t venue portion of SW 90th Avenue. DEPT HEAD OK PREPARED BY: Planning Staff CITY ADMIN O REQUESTED BY: Property Owners POLICY ISSUE Should the Council initiate proceedings for the proposed vacation of a portion of SW 90th Avenue, calling for a formal review and setting a date for a public hearing? Resolution No. 85-30 states that Council will initiate a vacation if the vacation appears to be in the public interest. The subject vacation request appears to be in the public interest at this time. INFORMATION SUMMARY Charlotte and Daniel Cook and Charles Hing, petitioners, are requesting City Council initiate a vacation of a portion of the SW 90th Avenue right-of-way adjacent to properties they own at the corner of SW 90th Avenue and SW North Dakota Street (see accompanying maps). This request differs form the two previous requests to vacate SW 90th Avenue north of SW North Dakota Street because the previous vacation requests included a portion of SW North Dakota Street located east of SW 90th Avenue. If approved, the previous requests would have created a landlocked parcel of land at the east end of SW 90th Avenue and adjacent to Highway 217. The subject request does not create a landlocked parcel and appears to be in the public interest. Staff is currently seeking comments from various agencies and surrounding property owners will be notified of the public hearing. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution initiating vacation proceedings and calling for a public hearing on June 25, 1991. 2. Take no action at this time. 3. Require the applicant to circulate a petition. FISCAL IMPACT All fees and staff costs will be paid by the applicant. SUGGESTED ACTION Staff recommends Council initiate vacation proceedings by adopting the attached resolution. COUNCIL AGENDA ITEM NO. MEMORANDUM CY CITY OF TIGARD, OREGON TO: Honorable Mayo C.td Council FROM: Cathy Wheatley,/City Recorder DATE: May 14, 1991 SUBJECT: Sherwood Inn Sign Appeal Packet material for this item will be brought to the May 21, 1991, Council meeting. Staff has been meeting with representatives of the property owner and final proposal on square footage of the signs is being developed. cw r t~ S i~-Q-Vv~ W Gt5 CC.c~ l i 1 f COUNCIL AGENDA ITEM ✓ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 21, 1991 DATE SUBMITTED: ISSUE/AGENDA TITLE: Foran Annexatio PREVIOUS ACTION: None (ZCA 91-12) 1 PREPARED BY: John Acker DEPT HEAD OK CITY ADMIN O REQUESTED BY: POL CY ISSUE Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request for annexation of two parcels consisting of approximately 6.06 acres located north of S.W. Bull Mt. Road between S.W. 126th Avenue and S.W. 133rd Avenue? INFORMATION SUMMARY This annexation request consists of two parcels totaling 6.06 acres that is contiguous to the City of Tigard. This area is located within Tigard's area of interest. The owner of the property requests annexation in order to obtain sanitary sewer service. Attached is a resolution to forward the annexation request using the expedited method and an ordinance to change the zone designation from Washington County R-6 to City of Tigard R-7PD in conformance with the City's Urban Planning Area Agreement with Washington County. Also attached is a vicinity map, site map and staff report. - ALTERNATIVES CONSIDERED 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign plan and zone designations to the property in conformance with the Comprehensive Plan. 2. Deny the proposal. FISCAL IMPACT Since this area is not within Tigard's Active Planning Area, the applicant will pay the Boundary Commission fee of $480 for annexation. The current land assessment is $277,500. No significant fiscal impact is expected until development occurs. When development of this parcel occurs there will be attendant demands for service. A more precise analysis requires development details not available at this time. Possible impacts resulting from the property tax limitation constitutional change have not been determined. SbGGESTED ACTION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign plan and zone designation to the property in conformance with the Comprehensive Plan. t rz0• HALL TAY-off' FfHRY _ BCVp . I..OCUST gT. HwY• m 1-5 GGHp~ ST. ~•i,• paKpT~ GREEiy ~ a NQ,RTH ~ SgdG 7. 4ta,~~ arm. Sr P civic ~y CENTER . df S 2q MCdON~Ld $ pONiTA ~GAA~ Ua r Z Rd' J Q SUL _ t'~"~ pURNAbA " 1 ,f 5~ Now y sW M RI HINGT ISLA "D WAY S~ fist?~ g CHVIEW S•N 3 Amp W L: ✓1 4 3 9 10 l ' S.W. 40,,TASK RID N I N T N - NT S.N > S iJ. DJCMIILY C' AIPINE YIEw a~ SW PINEv W . { M o M _ Tf ,ter 3 E.~ s w C RY : 15 v o T J S ¢ r - w a W ~ { Q i W Ll ~ a N = j ? W _ YI L; L sw HHE1I -71 -_J 11 t STAFF REPORT May 21, 1991 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 S.W. HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS: CASE: Zone Change Annexation 91-12 REQUEST: To annex two parcels consisting of 6.06 acres of unincorporated Washington County into the City of Tigard, and for zone change from Washington County R-6 (Residential, 6 units per acre) to City of Tigard R-7PD (Residential, 7 units per acre, planned development). The applicant requests that the expedited process be used. COMPREHENSIVE PLAN DESIGNATION: Washington County Residential, 6 units per acre. ZONING DESIGNATION: Washington County R-6 (Residential, 6 units per acre). APPLICANT: Frank Foran 13145 S.W. Bull Mt. Road Tigard, Oregon 97224 OWNERS: Frank Foran 13145 S.W. Bull Mountain Road Tigard, Oregon 97224 Elizabeth Price 131-S.W. Bull Mountain Road Tigard, Oregon 97224 LOCATION: North of S.W. Bull Mt. Road between 126th Avenue and 133rd Avenue, WCTM 2S1 9AB lot 1300 and WCTM 2S1 9A lot 1900. 2. Background Information No previous applications have been reviewed by the City relating to this property. 3. Vicinity Information Property to the north of the site is in the City of Tigard and is undeveloped. Property to the east is being developed as a single family residential subdivision in Tigard. Properties to the south and west are large lot single family residences in Washington County. Property to the north and east is zoned Tigard R-7 ZCA 91-12 Staff Report 1 t (Residential, 7 units per acre). All other surrounding properties are zoned Washington County R-6 (Residential, 6 units per acre). 4. Site Information and Proposal Description The property to be annexed has two single family residences with the remainder of the property undeveloped. The property slopes downward to the east. The area is largely open with grasses and a few trees scattered throughout the property. The applicant requested that his parcel be annexed via the expedited method into the City of Tigard in order to partition the property for one additional house and to serve both houses with sanitary sewer. Subsequent to receipt of this proposal, Ms. Price requested that she also be annexed in order to connect to sanitary sewer. These requests are being processed as a single annexation. 5. Aaency and NPO Comments Portland General Electric, General Telephone, Tigard Water District, Tualatin Valley Fire and Rescue, Tigard School District 23J, and the Tigard Building Division have reviewed the proposal and offer no objections or comments. The Tigard Engineering Department comments that the annexation should include all of the right-of-way of Bull Mountain Road. The Tigard Police Department has the following comments: A continuing concern in the Police Department is "piecemeal" annexations. For example, as you drive west on Bull Mountain Road off Highway 99W you are in the City, out, in, out, in, out, in, out, in, out, in, out, in, and out. This makes police response very difficult, confuses traffic enforcement and in general causes problems for the police department. Also, since the general citizen doesn't know City limits, Tigard gets a "bad rap" when problems in the "out" sections aren't addressed, for example the Walnut Wedge. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, Citizen Involvement; 6.4.1, Developing Areas; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria and chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification of the Tigard Community Development Code. The planning staff has determined that the proposal is consistent with the relevant portions of the Tigard Comprehensive Plan based upon the findings noted below: 1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and Community Planning Organization as well as ZCA 91-12 Staff Report 2 a surrounding property owners were given notice of the hearing and an opportunity to comment on the request. 2. Plan Policy 6.4.1 is satisfied because the annexation will be ` designated as a developing area on the development standards map. This designation will allow the use of planned development techniques which are better suited for preserving natural amenities such as those found on the subject property. 3. Plan Policy 10.1.1 is satisfied because the City has conducted the Bull Mountain/Walnut Area Urban Services Study which includes the subject property. This study as well as the comments from the Police Department, and other service providers indicate that adequate services are available in the vicinity and may be extended to accommodate the subject property. 4. Plan Policy 10.1.2 is satisfied because although there is an irregular boundary in this area, the annexation will not add to that irregularity and even reduces it, the Police Department has been notified of this request, the land is located within Tigard's Area Of Interest, and adequate service capacities can be made available to accommodate the eventual development of the property as noted above. The planning staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: 1. Section 18.136.030 of the Code is met because all facilities and services can be made available, the applicable Comprehensive Plan policies discussed above have been satisfied and the property has been determined to be a developing area in accordance with the criteria in Chapter 18.138 of the Code. The Urban Planning Area Agreement between the City and Washington County requires that when annexing land within the City's area of interest, the City adopt a zone designation which most closely resembles the County plan and zone designation. In this case, the property is designated in Washington County for single family residential use with a minimum lot size of 5,000 square feet and a maximum density of six units per acre. The City of Tigard Medium Density Residential plan designation and R-7 zone with an identical minimum lot size requirement and maximum density of seven units per acre are the most comparable to the present County designation. 2. Chapter 18.138 of the Code is satisfied because the property meets the definition for a developing area and shall be designated as such on the development standards area map. As a developing area, the Planned Development (PD) overlay will apply. ZCA 91-12 Staff Report 3 r C. RECOMMENDATION Based upon the findings noted above, the planning staff recommends approval of ZCA 91-12, subject to the following condition: 1. The property shall be designated as a developing area on the development standards map. j PREPARED BY: i John Acker, Associate Planner ZCA 91-12 Staff Report q y i COUNCIL AGENDA ITEM NO. CITY OF TIGARD COUNCIL AGENDA ITEM SUMMARY AGENDA OF:_ MAY 21. 1991 DATE SUBMITTED: MARCH 22. 1991 ISSUE/AGENDA TITLE: Vacation OTHER ACTION: Planning Comm. of a ortion ofl%X 76th Avenue approval of Renaissance Woods II DEPT HEAD OR subdivision CITY ADMIN OR PREPARED BY: Planning Staff VV REQUESTED BY: Renaissance Dev. Corporation POLICY ISSUE Should the City Council vacate a portion of SW 76th Avenue located south of the Renaissance Woods I subdivision? INFORMATION SUMMARY Council initiated this vacation at a meeting held on April 9, 1991. Renaissance Development Corporation, acting as agent for property owners John and Naomi Loewer, requests Council approval to vacate a portion of SW 76th Avenue. The purpose of the proposed vacation is to accommodate development of the Renaissance Woods II subdivision which will be located immediately south of Renaissance Woods I (see Exhibit "B"). The Planning Commission approved Renaissance Woods II subdivision at a nearing held on March 4, 1991 and recommended approval of the proposed street vacation at a meeting held on May 6, 1991. The vacated portion of SW 76th Avenue will be replaced with a street located approximately 100 feet to the west. The applicant has provided a plan showing how the relocated street can be aligned with the existing improved right-of-way south of the proposed vacation. Tigard Water District has indicated a willingness to relocate an existing water line at the expense of the applicant. No other public facility providers have raised any objections or concerns. Attachments include: 1) an ordinance, 2) a legal description (Exhibit "A"), 3) a vicinity map showing the location of the proposed vacation (Exhibit "B", and 4) a phd'tocopy of the approved Renaissance Woods II subdivision. ALTERNATIVES CONSIDERED 1. Approve the attached ordinance approving the vacation proposal. 2. Take no action at this time. FISCAL IMPACT - - All fees and costs have been or will be paid by the applicant. SUGGESTED ACTION Staff recommends Council approve the vacation by adopting the attached ordinance. i alai tai May 19, 1991 City of Tigard City Council meeting- May 21, 1991 To begin, we are not opposing the vacation of S.W. 76th through the Renaissance Woods II development. However, we have two concerns. 1. the realignment of 76th cutting through our property ( tax lot 200 We must be concerned about the future development of our property. We have been assured that we will not lose building potential in this realignment. The city has promised that we will have ( after the realigned street is in ) a buUdable lot on the northeast corner of our property- buildable in terms•of square footage and ability to meet the setback requirements of the City of Tigard. We are concerned because the only realignment proposal we have seen is a non-specific sketch drawn by Renaissance Woods' engineer. This man has a committment to do everything to the advantage of his employer, he has no business dealing with the disposition of our property. We believe that the realignment of 76th, which will take some of our property, should only be decided after a detailed plan has been presented. That plan should show the exact dimensions of the lot which will be created by the realigned street, square footage and ability to meet all setback requirements shall be clearly stated. Also, the topography of our`:property must be a realignment concern. If 76th is "swung out" enough to create a buildable lot, the large hill along the eastern side of our property must be considered. As far as we know,"-no on6.from the city engineer's office has considered this. 2. Our second concern is for safety. We would like to see the portion of S.W. 76th through the Renaissance Woods II development renamed. Two streets with the same name which dead-end within a block of each other could prove a tragic situation for emergency vehicles trying to reach a home on one end or the other. Back-tracking would use up precious minutes. The street situation created or allowed to stand now will exist for several years. We were told that the street will be "put through" whe- we decide to develop, that could well be decades. There are alot II of years for such a tragic situation to occur. Renaming that short segment now, before any homes are built or addresses established, will avert any such occurrance. p n you, RECEIVED PLAY 2 U 1991 &p~& sally Christensen COMMUNITY DEVELOPMENT 15685 SW 76th Tigard, OR 97224 COUNCIL AGENDA ITEM 1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 21, 1991 DATE SUBMITTED: May 8, 1991 ISSUE/AGENDA TITLE: Cook Park Restroom PREVIOUS ACTION: Council Authorized Bid PREPARED BY: John Acker DEPT HEAD OK CITY ADMIN OK REQUESTED BY: I'll ISSUE LziW No p olicy issue. INFORMATION SUMMARY In February, the City Council authorized staff to go to bid for construction of a new restroom at Cook Park. The Park Board, with assistance from staff and the architect, established the restroom design. The project was advertised and bids were open on April 16, 1991. The bids received at that time were considered too high so the project scope was revised and re-advertised. Major revisions to the project included using colored split face block with brick accents, substituting porcelain for stainless steel fixtures, changes in plumbing, and demolition of the existing restroom by the City, which was presented and approved by the Parks Board at their April meeting. On May 6, 1991, the City received seven bids for construction of the revised Cook Park restroom project as follows: First Cascade Corp. $ 90,967.00 Kohring Construction $ 96,000.00 Pacific Coast Construction $ 99,277.00 Russell Construction $101,588.00 Hermanson Construction $104,658.00 Michael J. Watt Company $109,600.00 Bill Bowers Construction $116,525.00 The low bid is $90,967.00 submitted by First Cascade Corporation. This amount is approximately $ 11,000 over the amount budgeted for this project. Staff considers this to be an appropriate bid for the project. Staff also feels that the project cannot be further altered without sacrificing goals of low maintenance, vandal resistance, and having an attractive, useable facility. ALTERNATIVES CONSIDERED 1. Accept the bid and award the contract to First Cascade Corporation. 2. Reject all bids, re-design the project, and go to bid again. 3. Reject all bids and do nothing further. 4. Renovate the existing restroom building at an estimated cost Of $ 65,000. - - FISCAL IMPACT The contract amount of $90,967.00 will come from the Parks Levy. The budget for this project was $80,000. SUGGESTED ACTION Award a contract for construction of a restroom facility at Cook Park to First Cascade Corporation in the amount of $ 90,967 and authorize the City Administrator to sign the f contract. COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 21, 1991 DATE SUBMITTED: May 10. 1991 ISSUE/AGENDA TITLE: Rate Waiver - PREVIOUS ACTION: Council set rate Senior Center uil in Use schedule for Senior center use PREPARED BY: Loreen Edin DEPT HEAD OK CITY ADMIN OK~99' REQUESTED BY: Loreen Edin POLIC ISSUE Council established the Senior Center Building Use Policy effective 11/1/90. INFORMATION SUMMARY The Senior Center Building Use Policy requires payment of a minimum fee by nonprofit organizations who wish to use the building. At the time of adoption, Council indicated the fee schedule was necessary to assist in offsetting the cost of processing reservations. Pacific Institute for RET (Rational-Emotive Therapy) has requested a waiver of the $15 room use charge on the basis that they are nonprofit and do not charge for their services. Since they would like to make reservations on a monthly basis to use a room once each week, they estimate an annual cost of $780 would be incurred by their organization. Currently, this organization is using the City Hall at no charge each Friday evening (reserved on a monthly basis). While there are not other meeting rooms available on Tuesday evenings (the night requested by Pacific Institute for RET) there are rooms available on other nights of the week at City Hall for use at no charge by this group. Staff would recommend Council not approve the fee waiver request for the following reasons: (1) The fees assist in offsetting the cost of processing reservations; and (2) There are other rooms available in City buildings without charge. ALTERNATIVES CONSIDERED 1. Deny fee waiver request. 2. Approve fee waiver request. FISCAL IMPACT 1. No change from current practice. 2. The potential loss of $160/month from the use of Senior Center rooms. SUGGESTED ACTION 1. Motion to deny fee waiver request. le/feewaive i PACIFIC INSTITUTE FOR RET RATIONAL-EMOTIVE THERAPY RATIONAL-EFFECTIVENESS TRAINING HAWK ROBB, Mi.D., A.B.P.P. 4550 S.W. Kruse Way, Suite 325 Executive Director Lake Oswego, Oregon 97035 (503) 635-2489 RICKS WARMN, PH.D. Director, Anxiety Disorders Clinic Gerald Kranzler, Ph.D. Associate Director April 24,1991 Ms. Loreen Edin Administrativp Services Manager City of Tigard P. O. Box 23397 Tigard, OR 97223 Dear Ms. Edin: As suggested in today's telephone conversation, I am writing to request the Tigard City Council wave the fee for using the Tigard Senior Citizen's Center for a weekly evening meeting lasting approximately one and one half hours. I am making this request as the Advisor to a Rational Recovery group which wishes to continue using this facility. Rational Recovery is a "no- higher-power" approach to dealing with the problems of substance abuse and dependence, It is aimed at people who have decided that abstinence is the best approach to handling their substance misuse problems, but who do not find "higher power" approaches helpful. Currently a group meets at the Center from 7:00 to 8:30 P. M. on Tuesdays. We originallybelieved that since some participants were older, area residents, we would be able to use the facility without charge. However, this understanding now appears incorrect because other participants are younger and live in surrounding communities, Rational Recovery operates under the Humanist Association of PortlandNVancouver which is organized as a nonprofit association and recognized as such by the Oregon Department of justice, (503) 229-5725, under the Charitable Trust and Corporation Act with the designation number 38-16490. In turn, the Humanist Association of PortlandNancouver An Affiliate of the Institute for Rational Emotive Therapy, New York i 2 is a chapter of the American Humanist Association which is organized as a 501-C3 nonprofit corporation and recognized as such by the U. S. Internal Revenue Service which assigned it the Group Exemption Number 9179. Rational Recovery charges no fees nor dues it ask for "donations' at it's meetings. Thus, it has no means to pay the $730 annual charges for meeting at the Tigard Senior Citizen's Center as a nonprofit group. Given these facts, we respectfully request the the Council to wave the required fee. Sincerely, A0 Hank Robb, Ph.D. Rational Recovery Advisor C . R COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 21. 1991 _ DATE SUBMITTED: May 10. 1991 ISSUE/AGENDA TITLE: Sidewalk / PREVIOUS ACTION: 1985 Ordinance- Liability Ordinance Amendment 4aaL PREPARED BY: Loreen Edin DEPT HEAD OK CITY ADMIN OKjtWL REQUESTED BY: Loreen Edin POLIO ISSUE Chapter 15.12.010 was adopted in 1985. Council set policy to hold abutting property owners responsible for repair and maintenance of public sidewalks within the City of Tigard. INFORMATION SUMMARY Ordinance No. 85-44 required repair and maintenance of sidewalks to be the responsibility of abutting property owners. Since 1985, Oregon has had a series of cases which give more guidance as to how a court would interpret the City's liability under this ordinance. The attached ordinance would amend the City's current code language to further protect the City's interests and continue to require abutting property owners repair and maintain public sidewalks. C This amendment has the endorsement of the City Attorney's office as well as the following staff members: Planning staff, City Engineer, Code Enforcement Officer, Field Operations Director, and the Risk Manager. N ALTERNATIVES CONSIDERED 1. Adopt the ordinance amending Chapter 15.12.010. 2. Do nothing to strengthen City's policy. FISCAL IMPACT 1. Would reduce the chances of sidewalk claims being successfully filed against the City. Currently, 5 to 6 requests are received each month. 2. Current caselaw suggests sidewalk claims could be filed successfully against the City with existing ordinance language. SUGGESTED ACTION 1. Motion to adopt ordinance. . le/sidewalk.2