Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
City Council Packet - 03/28/1995
PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitors 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. a j Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet E sii ~ rda items can taa nerd in ariv _ 'it T-30 M. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings, by noon on, the Monday prior to the Council met',Ung. Please call 533-4171, frt. 309 (voice) cr 6S4W2772 (rDD- TelecomrnuiiicaVons Dsvices for fire Deaf). Upon request, the City will also endeavor to arrange for th `Uiiowirs7 services: Qualified sign language interpreters for persons with speech or hearing impairments, and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allo'f1 as much lead time as possible. Please notify the City of your need by 5.00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 539-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the DeaO. SEE ATTACH~-7-Do0.GEfqDf-. COUNCIL AGENDA - NIARCH 28, 1925 - FACE 1 i E 'nQMD C COUNCIL M -ARCH 1995 ENDS, i' 1 l 6:309 p.m. STUDY SESSION > Executive Sewlon: The Tigard City Council will go into Executive Session under the provisions of GIT3 192.660 (1) (d), (e), & (h) to discuss tabor r relations, real property transactions, current and pending litigation issues. All discussions within this session are confidential; therefore nothing from k' this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any ~ information discussed during this session. > Agenda Reviews 7:30 p.m. 1. BUSINESS MEETING 1.1 Gall to Order -City Council &;Local Contract Review Board ~ ` 1.2 Roil Cali 1.3 Pledge of Allegiance i 1.4 Council Communications,/-I aison Reports 1.5 Cail do Council and Staff for Non-Agenda Itenis 7:40 p.m. 2. 'UISR 701R1 G AGE- r-A (Two Knutes or Less, Please) i i:50 p.m. 3. QUAR u EFILV 2EPOR T - WALATIN VALLEY F1IFiE AND RESCU ' s Dave Austin k F i S.' a' COUNCIL AGENDA - q IARCH 23, iSS95 - PACE 2 i k 8:00 P.M. 4. CONSENT AGENDA: "these items are co sidered to be routine and may be enacted in one motion without separate d'is scion. Anyone may request that an item be removed by motion for disc and separate ctn. Motion to: 1 4.1 Approve Council Minutes ebrua 21'1 , '1 i 4.2 Authorize Cite Engineer to a rrd5`5 mtt a Joint Permit Application Form (Army Corps of Engineers and Division , of State Lands) for Bridge Construction on Bonita Road, Grant Avenue, Tiedeman Avenue and 130th . ' Avenue-Winterlake Drive) 4.3 Approve Resolution Rescinding Resolution No. 94-20 Reflecting the Council . Decision to Not pursue f=orced Annexation of Island Areas Resolution No. ' j 95-L 4.4 Local Contract Review Board: Authorize Request for Proposals for Water Rate Study rmpieMd to be rmoved . the asoM cfa for iWe oimussion ! 7 tai®9 be =Wdwisd Bea i=1 has voW on whit s disctimon. 8:05 p.m. i 5. REVIEW WATER RIGHTS APPUCA'TtCN City Administrator/Maintenance Services Director 1 8:'15 P.M. S. COVIS5DEP3 -R-2'a' DEI-EnOM OF GW'4A« T AV ENUE SgrJEWA K Pu QeJEC T .Fe f.5 THE CAPP TAA PROG WuU (CIS') l Engineering Department 3:30 p.m. 7. '0'N Z10ZR TW-: FINAL ORDER On '1r•"m IE GORF30N MAI-73 7 €mq/yn3 coo-I-V GEITtER ('PVR 9 -2/8®H ` 0F~3/ZR R 014-0324 . Community Development Denar€ment i Council Consideration: 9:00 p.m. S. COs"` S01ER SPE-ED EUMSP I' OUCY • Engineering Department 3:95 p.m. 9. F2y^1AL!Z F- COWOC L GOALS i City Administrator i .i i ' COUNCIL AGENDA - MiARCH 28, 1995 - PAGE 3 { r a _ a 9:45 p.m. 10. NON-AGENDA ITEMS i 9:55 p.m. 1 11 ECUTWE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (a), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. All discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to I attend this session, but must not disclose any information discussed during this session. 10:15 p.m. 12. ADJOURNMENT CwtnQ,c4o ,w+: f4-I U . ~ ~~2a•s~ ~5 , tom, i f 4 i i 1 ~ r i COUNCIL AGENDA - NILA CH 28, 1S05 - FACE 4 T I G A R D C I T Y C O U N C I L MEETING MINUTES - MARCH 28, 1995 Meeting was called to order at 6:37 p.m. by Mayor Nicoli. 1. ROLL CALL Council Present: Mayor Jim Nicoli; Councilors, Paul Hunt, Bob Rohlf, and Ken Scheckla. Staff Present: Bill Monahan, City Administrator; Dick Bewersdorff, Senior Planner; Police Chief Goodpaster; Liz Newton, Community Involvement Coordinator;' Pamela Beery, Legal Counsel; Maintenance Services Director Ed Wegner; Catherine Wheatley, City Recorder and City Engineer Randy Wooley. The Tigard City Council went into Executive Session at 6:37 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. All discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. Executive Session recessed at 7:30 p.m. B(SIPJESS i, EET1IVG 1. Council Communications/Liaison Reports Councilor Rohlf reported that at the last Washington County Consolidated Communications Agency the Board accepted the resignation of. Director Diane Brandt. Larry Hatch will serve as Interim Director. • Councilor Hunt reported that Ed Wegner is doing an excellent job of keeping people on the Intergovernmental ,later Board informed. He advised that things are going well. • Councilor Scheckla advised that the Metropolitan Area Communications Commission Board would be 'meeting_ on March 29 at 1:30 p.m. at the Tigard Water' Building. CITY COUNCIL MEETING MINUTES - MARCH 28, 1995 - PAGE i i ` VISITOR'S AGENDA Mr. Dayle Beach, 11515 S.W. Pacific Highway, Tigard, Oregon, r, reminded Council that residents in the Tigard Triangle area wanted to be kept informed and involved with the planning work being done in the Triangle. Mr. Beach advised he wants detailed progress reports on a. monthly basis. Mr. Beach r requested a Triangle update be placed on the next Council agenda. Youth Goals for Community Mayor Nicoli advised that Council, due to the length of the Executive Session, was not able to hear the report from Chief Goodpaster regarding youth activity proposals during the Study Session. Therefore, at this time, he asked Councilor Hunt to introduce this item for Council information. Councilor Hunt reviewed' Council's goal to address the needs of Tigard's youth. After contacting City Administrator Monahan and Chief Goodpaster, a presentation outlining the Police Department's I. recommendation for current and proposed programs was placed on the agenda. E Police Chief Goodpaster gave a presentation on the following programs: • GREAT (Gang Resistance Education and Training) • DARE (Drug Arr.areness and Resistance through Education) • Peer COURT Explorer - Program Police Chief Goodpaster also reviewed a program underway at Tualatin Middle School which the school would like to expand. This program identifies "at risk" youth and helps them by teaching them how to deal with conflict and offers self esteem training. Programs are designed to instill volunteerism, citizenship, responsibility, and -,)rovides role models. t i` Councilor Hunt advised that monetary needs and youth program ideas will be presented to the Budget Committee. A citizen°s group is also attempting to bring a youth activity cer_c-er into Tigard. i' CITY COUNCIL PIEE_.TING MINUTES - MARCH 28, 1995 - PAGE 2 5 t i I Councilor Hunt advised that at a recent meeting Board, the Board was highly complimentary of what Officers were doing in the schools. These youth proposals will be discussed again at Council meeting of the School Tigard Police the April 11 M 3. QUARTERLY REPORT - TUALATIN VALLEY FIRE AND RESCUE Dave Austin of TVF&R gave a quarterly and annual report update to the City Council. Mr. Austin also announced that Jeff Johnson was recently appointed Fire Chief after a nation-wide search. 4. CONSENT AGENDA; It was requested that Items 4.2, 4.3, and 4.4 be removed from the Consent Agenda for separate discussion. Approve Council Minutes - February 21 and 28,-1995 Councilor Hunt noted a correction to the February 21, 1995 minutes (page 10, paragraph 3 should indicate that Councilor Hunt voted "no" on the motion; annexation policy). Motion by Councilor Hunt, seconded by Councilor Rohlf, to approve Consent Agenda item 4.1, as amended. Motion was approved by unanimous vote o Council present. (Mayor Nicoli and Councilors Hunt, Rohif, and Scheckla voted Eyes."). 4.2 Authorize City Engineer to Sign and Submit a joint Permit Application_Form (Army Corps of Engineers and Division of State 'Lands) for Bridge Construction on Bonita Road, Grant Avenue, Tiedeman Avenue and 130th Avenue -Winterlake Drive) In response to a question from Councilor Rohlf, City Engineer Wooley advised that each project would receive a separate permit. The staff report indicated that a joint; permit application is required by the Corps of Engineers and the Division of State Lands in order to widen the Bonita Road Bridge, replace the Grant Avenue and Tiedeman Avenue Bridges,; and construct the 130th Avenue-Winterlake Drive Bridge. This step has been a standard procedure for many years for these types of projects, and has been signed by the Project Engineer. However, the applicant signature portion of the form has b en d d 1- 'k t. f C ,1 t t f: E f K - L, e revise an requires au oriza on rom ounce.. ; This does not authorize the physical construction of the CITY COUNCIL METING MINUTES - MARCH 28, 1995 - PAGE 3 t project by Council. Additional Council review occurs separately through the budget process and award of the construction bid. Motion by Councilor Rohlf, seconded by Councilor Scheckla, to authorize the Citv Engineer to sign the joint permit application forms. Motion was approved by a unanimous vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf, and Scheckla voted ,yes.,,) 4.3 Approve Resolution Rescinding Resolution No. 94-•20 Reflecting the Council Decision to Not Pursue Forced Annexation of Island Areas. Councilor Hunt advised he wanted the item pulled for separate consideration, as he wanted to vote against this proposed resolution. He noted in his campaign for office' he said that he was in favor of forced annexation for island areas; he advised that he continues to believe that such annexation would benefit the interests of the citizens of Tigard. He referred to a number of capital improvement projects which will need to be reconsidered that would have enhanced the Walnut Island area. Mayor Nicoli commentedthat he would not be in favor of gross annexation He said he believed it would be in the best interest of Tigard to 'select certain areas for anne,,_ati.on. He, favored rescinding the resolution as proposed. RESOLUTION NO. 95-15 - y RESOLUTION TO RESCIND RESOLUTION 1,10. 94-20 REGARDING AN ?EXATION OF UNINCORPORATED AREAS BY THE ISLAND METHOD (As presented in Consent Aa:enda item 4.3) Motion by Councilor Scheckla, seconded by Councilor Rohlf, to adopt Resolution To. 95-15. ,The emotion was approved by a majority vote of Council present. (Mayor Nicoli and Councilors Rohlf and Scheckla voted "yes;" Councilor Hunt voted "no.") 4.4 Local Contract Review Board: Authorize Request for Proposals for Water Rate Study Mr. Jack Polans, citizen of King City, requested this item be pulled for separate review. Mr. Polans questioned the expenditure of a consultant to conduct a rate study. IIe noted that previously the Tigard Water District had conducted such a study in-house. Discussion followed. Mr. Ed Wegner, Maintenance Services Director, advised the Intergovernmental Water Board consisting of representatives from Tigard, King City, Durham, and unincorporated Washington County, unanimously supported the recommendation to retain a consultant to perform a comprehensive water rate study. (See staff report on file with the Council packet material for this agenda item) It was noted the $25,000 set aside for this study would be paid by water dollars collected from the water service area; that is, all rate payers would share proportionately the cost for this study. Motion by Councilor Hunt, seconded by Councilor Rohlf, to authorize a request for proposals for a water rate study. Motion was approved by unanimous vote of Council present. (Mayor'Nicoli and Councilors Hunt, Rohlf, and Scheckla voted "yes.) 5. REVIEW WATER RIGHTS APPLICATION Maintenance Services Director Ed Wegner reviewed the start report. Submitting an application for water rights on the Willamette River at Wilsonville is intended to gather water rights far into the future fifty years out. Motion by Councilor Hunt, seconded by Councilor Rohlf, to authorize the Mayor of the 'City of Tigard to sign the application for water rights on the Willamette River at Wilsonville and request staff to proceed with'. Murray Smith & Associates on filing the application. Motion was approved by unanimous vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf, and Scheckla voted .,yes.") 6. i .a ,i i Q_ CONSIDER THE DELETION OF THE GRANT AVENUE FROM THE CAPITAL IMPROVEMENT PROGRAM (CIP) City Engineer Wooley reviewed the staff report. At the Study Session on March 14, Council made a tentative decision to abandon the Grant Avenue sidewalk project... Council directed staff to schedule formal action for the meeting of March 28 and inform residents on Grant Avenue of the intended action. Attached to the staff report was a copy of was delivered to Grant Avenue residents on a letter from April and Mike Tadilla, 12645 Oregon. Mr. and Ms. Tadilla supported sidewalk project on the east side of the existing bikepath. Mayor Nicoli asked for comments from those speak on this agenda item: the notice which March 16; as well SW Grant, Tigard, the Grant Street street over the F who signed in to Mr. Scott Baker, Principal of Charles F. Tigard School, ' 12675 SW 111th Place, testified in support of a sidewalk. Mr. Baker cited concerns with safety, noting this was a very dangerous place for children to walk. He advised that C. P. Tigard is one of the fastest growing elementary schools in the district. The school supported funding of the project. Mr. Baker referred to initial participation with City staff to obtain this grant. Specifically, Che walkway from Walnut to the school needs safety improvements. Roberta Fiarito, 11905 S.T,i. Burlcr-est, Tigard, Oregon, testified with regard to safety issues. Mrs. Fiarito has been a school crossing guard for C. r. Tigard for a number of years. She described conditions which 'she' felt were dangerous for children walking to school including poor drainage further making this an undesirable condition. She noted that children, during rainy periods, must walk into the street to get around water. Charmaine Rone, 11715- S.W. Terrace Trails, Tigard, Oregon, advocated a walkway on the west side from Walnut Street to C. F. Tigard, or for a sidewalk from Johnson Street to C. F. Tigard School.. She advised of problems during school functions when cars park over the students' ~,.a1k~vay. A side~jalk would make it more safe. CITY COUNCIL MIFEETING MINUTES - MARCH 28, 1995 - PAGE 6 Council discussion followed. Councilor Hunt recalled s statements during earlier discussions in this issue advising that he would be against placing a sidewalk over a pathway. He was concerned because of past City action in other areas which provided a pathway only and objected to tearing out a pathway to put in a sidewalk. After hearing testimony and participating in further discussion, Councilor Hunt advised he would now support a sidewalk on the east side from Johnson Street to C. F. Tigard School. W Jim and Linda Iverson, 12675 SW Grant Avenue, testified with regard to the conditions of the current pathways. They noted that the protection offered by a sidewalk would be ideal. Mr. Iverson especially noted the bad conditions of the pathway from Walnut Street to C. F. Tigard School. He noted it would be an advantage for the students to have a pathway improved on the east side, with drainage. He said the $40,000 (for this purpose'. from Walnut Street to C. F. Tigard) would be dollars well spent. h' Councilor Rohlf noted his support of a sidewalk from Johnson Street to C. F. Tigard School, citing safety issues. i Councilor Scheckla reviewed some of the background information with regard to the grant which would allow fora sidewalk on either` the east' or west side. He noted the proble?ns expressed by persons diving on the west side if the sidewalk was constructed there. He cited information with regard to the number of children walking to C F. Tigard 'Scrool Councilor Scheckla said he would support 'a sidewalk or, the east side from Johnson' Street to C. F. Tigard School.. Motion by Councilor Hunt, seconded by Councilor Roh1f., to reject this agenda item. Motion was approved by a rnajority vote of Council present. (Councilors Hunt, Rohlf and Scheckla voted "yes;" Mayor Nicoli voted "no.")' j Council, asked City Engineer .,Iooley to bring this item before Council' the April -11 agenda for Council consideration. (Council Consideration: Proceed with the grant process to construct a `Sidewalk on the east side of Grant Avenue from Johnson Street to C. F. Tigard Elementary School.) 7. CONSIDER THE FINAL ORDER FOR THE GORDON MARTIN/TRI COUNTY CEN'T'ER (PDR 94-0002/SDR 94-0019/SLR 94-0024) Senior. Planner Bewer.sdorff reviewed the staff report. (See information on file with the Council packet material)/ Councilor Scheckla requested an update with regard to his concerns for wetlands mitigation and floodplain permits. Mr. Ed Christensen, 7000 SW Hampton, reported the applicant and applicant representatives have met with DSL and believe they would soon have the necessary approvals. Councilor Scheckla expressed concerns with approving this item based on anticipated approvals. Mike Robinson, Attorney for the applicant, clarified the application process, noting it was not unusual to have this type of situation. He noted building permits could not be issued for construction on this project unless all permits, listed in the conditions of approval, had been granted. Legal Counsel Beery confirmed that by stipulating conditions with regard to permit approvals, the applicant cannot obtain building permits until receipt of such approvals. Mayor Nicoli also agreed that the applicant could not proceed until the permits have ?peer: received. RESOLUTION NO. 95-16 - IN THE MATTED OF THE, ADOPTION OF A FINAL ORDER UPON CITY COUNCIL 'REVIEW OF A SITE DEVELOPMENT REVIEW/PLAN DEVELOPMENT `REVIEW/ SENSI=jE LANDS APPLICATION (PDR-94-0002/SDR 94-0019/SLR 94-0024) GORDON MARTIN/ TRI -COUNTY CENTER. Motion by Councilor achli, >econded by Councilor Hunt, to adopt Resolution No. 95-16. Motion was approved by unanimous vote of Council present. (Mayor Nicol.i and Councilors Hunt,'Rohlf, and Scneckla voted "yes 8. CONSIDER SPEED BU14P POLICY City Engineer Wooley reviewed the information presented in the Council Agenda packet. After discussion, Council consensus was to present the proposed policy as 'a lgt:ideline" rather than calling the criteria "policy." " CITY COUNCIL MEETING MINUTES - MARCH 28, 1995 - PAGE 8 j i Councilor Rohlf noted concerns that under the current proposed policy, SW North Dakota Street would not qualify as a potential street for nomination for speed bumps. He cited other criteria, such as volume of traffic on a street not designed for such volume, should also be considered. By presenting the criteria as guidelines, this would give the Citizen Involvement Teams flexibility in offering other criteria for selecting speed bump sites. Council will revisit the official policy for speed bumps at a later date. 9. FINALIZE COUNCIL GOALS This Agenda item was set over to April 11, 1995. NON-AGENDA ITEMS 10 10.1 Boundary Commission City Administrator Monahan advised of a letter from Metro Councilor Jon Kvistad. Councilor Kvistad invited Council participation in the selection process for a new member to the Boundary Commission. After discussion, Council consensus was they would submit names for nomination to City Administrator Monahan, who will contact proposed nominees to determine if they are interested. Council will review nominations on April 11. 1995. 10.2 Zone Change Annexation ZCA95-0001 - Resolution No. 95- -14, adopted by the Council on March 14, 1995, was forwarded to the Boundary Commission as part of the annexation application. Upon review, Boundary Commission staff discovered the resolution lacked the correct citation of the Oregon Revised Statutes regarding the double majority method of annexation The proposed resolution reflects the correct" citation and format as requested by the Boundary Commission. RESOLUTION NO. 95-17 - A RESOLUTION INITIATIbIG ANNEXATION TO THE CITY OF TIGARD OF A TERRITORY AS DESCRIBED IN EXHIBIT "All AND ILLUSTRATED IN EXHIBIT "B" (ZCA 95-0001) (REPLACES RESOLUTION NO. 95-14). Motion by,Councilor 'Hunt, ;seconded by Councilor Rohlf, to adopt Resolution No. 95-17. The motion was approved by unanimous vote of Council present (Mayor'Nicoli and Councilors Hunt, Rohlf, and Scheckla voted "yes.") CITY COUNCIL MEETING MINUTES MARCH 28, _1995 PAGE 9 f r k. The Tigard. City Council went into Executive Session at 9:59 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss Labor relations, real property transactions, current and pending r litigation issues. All discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session, ADJOURNMENT: 10:01 P.M. &tt4~- ~ Y Catherine Wheatley, City corder Attest: Mayor, City of Bard Date: 11 i 1a~ ccm0328.95 CITY COUNCIL MEETING MINUTES -`MARCH 28, 1995 - PAGE 10 { i - Hood wao _ 0 'N MY Ck U C L BUSxNESS PAH' 'I` NIC, NI AR I H 218 ➢I- i TICTARD l'T`Y HALL -TOWfN 0 M S.W. HALL ROULIv'!tARD, TIGARD, OREGON -ain¢','(wed Roy t C;& CalAmnca Rom f,z sy Mmn HMI I ~..0-11cru-cc Roori-i) (61: 3Q j3.iF1 . ~essian tl ~~r t P s"kcvzsis s of 192.660 (1) da cut,3 labcer Ea31t~ ~e; i PaeEi%rty tna3snctions, cu.rcrt .'lid ~G slit F CI f~~ =~A M! (7:3f, 4' '+rc7 2U ~ 9~ei 9~~L1 *c~OP'. f s-i t l fns` d t Si ae:,a° J s 'ResOution No. 94-23 rii, Sly k~'F:si"1~ ii;~p 7Sf«Pil?fl;'PI-Cf,•3M^ ~j Cei't[ P ~'S i~~i:.d'CY -ec`idf. QIuav, aIy .e IlK)rt frg,-n Tualatin VvOky Fife a Peascue Ineate Clam A, nue, Project from the Capital i a- provellicnt grog ro Consider Stjc,,d 11,1snp Cri , j I `u"<ai i a;air t Re-vie vi Boar IMceting I ~i 2- ul Iish f~1 i123 P`,'i J. ' NEWSPAPERS9 . Le it ~ g NotIceTT 814 2 P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON. OREGON 97076 i2 E C V I i Legal Notice Advertising 'ViAR 2 7 r 3 a City of Tigard ® Tearsheet Notice _ I 1312 5 SW Hall. Blvd. a C Duplicate Affidavit vl1 Y +~FYICiA ~igard,Oregon_ 97223 AFFIDAVIT OF PUBLICATION STATE OF OREGON, ? ss ' ' COUNTY OF WASHINGTON, ) I ~ - . Kathy Snyder being first duly; sworn, depose and say that I am the Advertising ' a4 i n _Ti mes Director, or his principal clerk, of the1 ga_r_d Tna 1 a newspaper of general circuiagion as defined in ORS 183.090 and 133.020; published at- Tigard .._jr, .he - affoP said county a d: ate;.#hat the C~~y Council lussnes~ Mtg. t a printed copy of which is hereto annexed, was published in the antire issue of said newspaper for 02dE successive and consecutive inane following issues: march 23,1995 Subscribed and sw rn to before me thls23 d day ®f ,a rch , -i OFFICIAL SEAL /t G~~~ ,~~:CaQucvlNE ARELl.Aria NOTARY PUBLIC-OREGON ( Notary Pubhc for Or@gcn ~'4~' My CO! II! COMMISSION NO. 023140 SSION EXPIRES JUNE 9, 1997 i { ~a"<:y' Crss;ayr~s~rc~n B'•7.ri'£'3: 1 ~ i S i i 1 j i i L a3 Lu :3 = Q is Z m a t- t ~ a a-3 y `gyp ~Y to^-}~•.'.~^ l y Q V m m N ~ UU z ~o w 111 11711. rl! I V JJ L O O O O O O cp r ~ O O O O O m O ~7 '1 O O o U O V rzo 0LL -ZU-OWZ~-fn U 43 ti Q s O ~ _ 14 2 0 Q Z y 4 ' h U3 N b y o s Q V C=s C) Q~ t3 -ts ,,G",~ . ~ a ► e Pf O ~ m - O its h A, y 8 h Q U bo °S! Q C) CE tS w y CS ~ c> ti G s " oa G , i q) C y O ` v _ „fi y G ..4: d obi C Ca Ci .y b as ~y a v OS V C ~ y p C ~ 9 o ~O Cq Ct ZS ~ U q b D ~ . o, . f Fes, r `i ~ O ® a r O ova ~ y ^ v CO ~ d ti y U oa zr ' a off, ' ' Y w ~ fit v o c 0~ Q y O s+ ci C ,_g° N cq v i F' 'n W C r, C R U . M1 tio t3 :3 cu Q as ~ Qi av ,r 13 f~ 13 L ~ C z to y O CL. 00 8 u7 1~ -g Lz~ V Q 'r 3-a ,e,~ VI y' Q ~C P'1 Q ~ tL) to~ V Cl o~ w. oD C rwtA v~ ~ Ewa CS ti 'S .G W R, a o w a O O y y s rA) U ~Z'fi G ~ F I t r t i L. i AGENDA ITEM # For Agenda of CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY Lt , off. March 28 1995 ISSUE/AGENDA TITLE Joint Permit Application Form for bridge construction j PREPARED BY: G Alfson DEPT HEAD OK r CITY ADMIN OK ISSUE BEFORE THE COUNCIL i Approval to submit the US Army Corps of Engineers and the Division of State Lands Joint Permit Application form for the bridge construction on Bonita Road, Grant Avenue, Tiedeman Avenue and 130th Avenue-Winterlake Drive, authorizing the City Engineer to sign the forms. STAFF RECOMMENDATION - f Authorize the City Engineer to sign the joint permit application forms. INFORMATION SUMMARY -,A joint permit application is required by the Corps of Engineers and the .;3Division of State Lands in order to widen the Bonita Road bridge, replace the `c _ Grant Avenue and Tiedeman Avenue bridges, and construct the 130th Avenue- Winterlake Drive bridge. This step has been a standard, procedure' for many years for these types of- projects and has been signed by the Project r Engineer However, the applicant signature portion of the form has been revised and now requires authorization from the Council. This does` not authorize the physical construction of the project by Council. Additional Council review occurs separately through the budget process and the award of the construction bids. j The joint COE-DSL permit application is the process for determining the type and amount of wetland mitigation to be performed as part of each project. - r OTHER ALTERNATIVES CONSIDERED r FISCAL NOTES ga\ --dsl.ss l CITY OF TIG.ARD, OREGON COUNCIL AGENDA ITEM SiTK14ARY f ISSUE/AGENDA TITLE Rescind Resolution 94-20 { PREPARED BY: Rav Valone DEPT HEAD OK CITY ADMIN OK 3 ISSUE BEFORE THE COUNCIL Should the Council adopt the attached resolution?__-' - --_-_r_-- ' i STAFF RECOMMENDATION f 1 Adopt the attached resolution. _-INFORMATION SUARY On February 2, 1995, the Council decided not to pursue the forced annexation # of unincorporated island areas as previously stated in Resolution 94-20, which was passed on April 26, 1994. The attached resolution formalizes this decisions OTHER_ALTERNATZVRtS CONSIDERED r=> None. FISCAL NOTES Nano. f i { 1 i AGENDA ITEM # 1 For Agenda of CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Water Rate Study Request for Proposal i PREPARED BY: MEGDEPT,HEAD OK 11,1 ~ CITY ADMIN OK sEUE BEF'QM . Tu. 99L TUC-IL i Shall the City Council approve retaining an outside consultant to perform a comprehensive water rate study? STAFF RECOM4ENDATIOId_ l t Approve recommendation to retain a consultant to perform a comprehensive water rate study. 1 i 3;NF0RAL-ATIQN SUMMARY Effective January 1, 1994, the authority for setting water rates was transferred from the Tigard Water Board to the Tigard City Council. The - Intergovernmental Agreement for Water states that the Intergovernmental Water <,-,;Board has as one of its responsibilities , "to make a continuing study of the rate structure of the water system". (IGA section 3,E,111. The IGA also specifically sets forth the authority of the Tigard City Council to set rates a and charges in `Section 5 , B. Any changes in the rates and 'charges must be y reviewed by the IWB pirior to taking effect and the rates shall be limited to covering the actual costs of providing the related services. In order to determine the adequacy of the currant water rate structure and to develop a method of evaluating the impact on rates of various capital improvement alternatives, the 'City staff requested the Intergovernmental f Water :Board 'recommend to the City Council that a consultant be retained to perform a comprehensive water rate study. The study will focus on revenue requirements, cost of services and alternate water rate structures. The Intergovernmental Water Board reviewed the draft and approved recommendation to the City Council at their regularly scheduled meeting. on Wednesday, March 8, 1995. j , OTHER ALTERNATIVES CONSIDERED A. ParSorm a comprehensive water rate study in house. B. Do not perform a study of the water rate structure. FISCAL NOTES `~,,4Estimatsd cost to the Water Fund in the 1995/96 fiscal year is $25,000 and will be included- in the proposed budget. If council' approves the staff recommendation, the Request for Proposal will be finalized and the formal bid process started in anticipation of work commencing on July 1, 1995. F E<' k i. k: I Allar h 283 1995 i E _i -i TABLE OF CONTENTS .i SECIMN PAGF Title Page - ...............1 i Table of Contents. ...............2 Request for Proposals ...............3 PART 1 Scope of Work Introduction ...............6 Description of Services to be Provided ...............6 ' Presentation of Recommendation ....10 PART 2 Available Reports, Studies and Information .............11 PART 3 Proposal Instructions.............. ..12 'i PART 4 Contract for Personal Services .............14 For more information or for clarification of any part of this RFP, the point of comact is Ed W"ner,City of Tigard Maiaten:an.ce Services Director, 13125 SW Mall Blvd., Tigard, OR 97223, Telephone (503) 639-4171 or Fax (503) 6r➢4-8~1114€3. 1 I i WATER RATE STUDY REQUEST FOR PROPOSALS The City of Tigard is soliciting proposals from consultants to prepare areport ort water revenue j requirements, cost of service, rates and fees. The City of Tigard will receive proposals for the services of an engineering and/or financial firm with demonstrated competence and qualifications in accomplishing rate, financial, and economic studies of water utilities. The scope of work is attached. The objective of the contractual agreement is to provide the City with recommended monthly water user charges, an update of our current system development charges, and connection chw*ges t;, assure the continued viability of the enterprise fund and fairness to the City's customers for service charges and compliance with ORS 223.297 through 223.314. ,i The analvsis shall include a review of historical and projected revenues and revenue requirements, cost of service allocations, and adjustments to existing rate schedules and system development charges fora five year period (fiscal years 1995-1999). The services shall also 'include the presentation of findings and recommendations before' public hearings, the City of Tigard City Council, the Intergovernmental Water Board, Tigard Water District Board, City of King City City` Council and City of Durham City' Council to explain the methodologies used in developing the proposed rates and the allocation of costs to customer classes. T c goal is to achieve an equitable recovery of capital costs front new connections to the existing water system; improved cost allocations for customer classes to enable greater rate equity among users; and revised rate and fee schedules as warranted that will generate sufficient revenues to cover systems costs including payment of any bonded indebtedness. The study shall include all areas currently served by the City of Tigard. The study shall determine appropriate rates, fees and charges for these areas. Proposals are to he no more than fifteen (15) pages in length, excluding resumes and statement of qualifications. Proposals must contain a complete work program for the management consultant and a schedule identifying key dates and a completion date for all the water system improvements, as per the work described in the attached "Scope of Work", and a clearly identified price quotation for services with hourly rates and a total not to exceed amount. 'I i 1 Y Proposals must include: 1) The name and address of the firm's local office and/or home office. 3 i .a 2) The names and titles, including resumes of engineers, economists, accountants, financial analysts, and other personnel who will have major involvement performing the work. 3) A list and description of similar projects in which the personnel listed in (2) above have been involved within the last five years- Include for each project: the client, project name, and the responsible person in charge for the client. 4) Proposals shall include a detailed breakdown of the number of positions, equipment and travel hours as well as supplies and subcontracting costs the firm will incur completing each component of the work. Position-hour breakdown shall be according to job classification and duty, including managerial, technical, and clerical functions. Typical components are considered to at least include: research of City records; meetings with staff, accumulation of financial statements and operating statistics; in-house analysis; software programming; report writing; typing subcontracting; graphics; printing; etc. 5) An estimate of the hours and costs associated with each component specified in (4) above, and the total cost to complete the work, listing separately the amount for the rate study and the amount for the SDC and connection charges study. 6) A time frame to complete the work. It is expected that work will be completed by September 30, 1995. 7) Proposals must specify a detailed outline of the information which, the ' onsultant v,,ill require from City Staff, and when information is deeded. 13) Optional: Additional information which may be beneficial or of assistance or interest in reviewing the proposal. Ten (10) copies of the proposal, including the total estimated cost with breakdown of component costs, each signed by an official of the proposing firm, must be submitted by April 21,1995 to the City of Tigard Purchasing Department, City of Tigard, 13125 SW Hall Blvd., Tigard, Oregon i 97223. Each proposal must be submitted in a sealed envelope and designated ° as Proposal: WATER RATE STUDY. The name and address of the Proposer must appear on the outside of' the envelope. FAX(facsimile) proposals arc unacceptable. Once proposals are received selected firms will be contacted and a time will be set on May 10, 1995, for a 30-i;linute oral presentation and interview before the Intergovernmental Water Board and selection committee. The project manager MUST be a major part of this oral presentaion. 4 p i Consultant selection for this management project will be based on the following criteria. The list is not in priority order. a. Understanding of the objectives of the project and City's requirements. b. The methodology to be used to accomplish the work and its thoroughness. C. Proposed management of the project. a d. Qualifications of the firm, the proposed project staff, and the proposed project staffs 1 relevant project experience. :i e. Overall quality of the proposal. f. Cost-to be listed separately Water Rate Study SDC Update - Water Rate Study and SDC Update Software Package t: F g. Ability to meet scheduled report date. It is the City's intent to make initial selection from the submitted proposals. The most qualified consultants' may be requested to provide additional information and interviews. Proposals will remain confidential until the selection is referred to the Council. Interviews will not request or allow comparisons with other proposals for this work. All questions coneeming the proposal or scope of work should be directed to Ed Wegner, Maintenance Services Director, at 11,03)639-4171. For a copy of the scope of work and submittal requirerents, please contact Terry Tourney, Purchasing Specialist, 13125 SW Hall Blvd., Tigard, CR 97223, (503)639-4171. Ten (10) copies of the proposals must be submitted to Terry Tourney, Purchasing Specialist, of the above address no later than 4 p.m. on April 21, 1993. Publish ;gaily Joumal of Commerce March 29, 1995 V`_: i i 5 F - PART 1 ~ SCOPE OF WORK ' For professional engineering and/or financial analysis to prepare a report on water revenue requirements, costs of service, rates, fees and charges for City of Tigard for fiscal years 1995- F 1999. lalmduy6pn The City of Tigard desires to engage a consultant to perform a comprehensive cost of service study on which to base water charges, hereinafter referred to as the water rate study. F„ i, The purpose of the water rate study is to review information and analyze data necessary to determine the water revenue requirements for the next five years (fiscal years 1995-1999); 1 analyze the water consumption characteristics by customer classes and prepare cost allocations for customer classes to enable rate equity among users and an equitable recovery of capital costs for new connections that are made to the existing water system; and develop rate and fee schedules that will generate sufficient revenues to cover system costs, including payment of any bonded indebtedness. i r } The study area shall include the entire area served by the City of Tigard. f Desc: Minn of ,e]L Lee's tin he Prj~ "ailed liar in be Water RD Frei The Consultant shall provide the City with a study to update user rates and fces for water service including analysis and review of historical and projected revenues and revenue requirements, allocation of costs a~rnong user classes, and adjustments to existing schedules for rates and fees as warrani ed. A. Revenue_ a Reve ut~ a Requirements. The study shall develop for the water utility an updated estimate of the future revenue and revenue requirements for thefive year study period. The study shall-project' optional adjustments in future revenue levels required to meet projected -water utility expenditures. The revenue and revenue requirements study should build upon historical data of water consumption and revenue records and should include the following elements: 1) A review of existing studies 1 regarding service area growth, water supply and j demand, and their applicability for water revenue projections. A projection of estimated future water sales volumes and revenues under current rate levels which ' may be expected for the five year study period based on past records of number and type of customers served, historical water use by customer classification, and revenues received under existing rates. All locally available studies of service of i growth and water use should be considered in making projections. Effects of ~ k climatic, business, and other conditions should be recognized to ascertain the degree to which water sales and revenues have been abnormally high or low, so that projections may reflect expected future couditio;.s i „lud;.^.g contingencies. A master plan of proposed water system capital improvements, prepared by staff, will be furnished. The master plan identifies the majority of needed upgrades and extension within the existing boundaries. ;f y 2) 3) In addition to funding for the water system capital improvement program, this rate study should consider funding for an annual program of replacement due to line deterioration or failure of all capital improvements maintained by the Commission. A review and projection of revenue from interest earned on investment of funds held for future use, and on a cost recovery basis from other sources such as service installation fees, fire hydrant charges, service charges, and other sources. An analysis of water services billed for a recent 12 month period by customer classification to show trends in consumption and makeup of revenue stream. 4) A review of water system operation and maintenance expenses incurred during E' fiscal year 94!35, and a projection of future expenses, `recognizing expected increases in the 'number of customers served and water use requirements. In addition, "a recognition of the effects of inflation in cost levels, the potential addition of new system facilities and any other factors which may influence future expense levels should be considered, 5) Address proposed major capital improvements and requirements for norir,al annual replacements, improvements and extensions to the system. The City will provide available water master plan information. An examination of potential financing methods to -meet projected capital improvement, program expenses during the five year study period should be provided including consideration of long term debt, direct contributions, development fees and others as appropriate. A financing plan shall; be developed to meet projected 'capital improvements expenditures throughout the five year period. Schedules for any proposed future debt financing should be developed as required. 6) Projections of debt service requirements shall be rnade for principal and interest payments, coverage requirements on existing debt, and reserves, on all existing and any proposed bonded debt to rneet capital improvement requirements of the City. 7 s 7) Projections shall be provided of any other obligations of the City, such as costs for administrative, legal and other costs for services provided by other city 1 departments which are to be met from revenue of the City. Impacts of other Contiguous ..4*er di--t*.. --ict-- and Obltg2tin91s of uexisting contracts Contiguous and intergovernmental agreements including the Intergovernmental Water Board should also be taken into account. 1 S) Future cash flow statements shall be developed for the five year study period showing the estimated application of water service revenue under existing rates, ' miscellaneous revenue, bond issue proceeds, receipts from development fees, other available funds for capital financing and revenue requirements of the system. The annual revenue requirements should include operation and maintenance expense, depreciation of capital improvements, normal annual capital additions and replacements, debt service, annual coverage, reserve funds and other costs associated with the operation of the City's facilities for the study period. 9) Estimated statements of cash flow under existing rates and fees shall be presented and in consultation with the Intergovernmental Water Board, an adjustment or schedule of adjustments in revenue levels required to meet the projected revenue requirements shall be developed. B. Cost of Service Analysis and ate Schedule Adjustmerta For a'representative test year or years within the study period `fiscal year 1995-1999, the analysis shall include the allocation of revenue requirements or total costs of service to be met from water fees and rates, to the customer classes, and any required adjustments to the consumption based pricing structure, water rates aad fee schedules to'equitably -recover revenues required. The analysis shall: I j Allocate the revenue requirements or total cost of service to the various cost or service components. The cost of service components should include costs which vary directly with the total quantity of water used, costs associated with meeting peak demands in excess of the average rate of usage, and costs which vary in proportion to the number of customers connected to the system. Any special costs associated with providing service to a particular customer class should be recognized. 2) Estimate the relative responsibility of each customer class for system capacity volume of us_ r"c, administrative costs based upon the respective customer class characteristics for tivater use as developed from analysis of recent billing experience, consideration of historical consumption patterns, and projected future conditions Consideration should be given to the need to establish additional classifications as may be warranted for suitable and equitable rate design, however, simplicity is favored to facilitate administration and public acceptance. -r-p...~.~r ~--rte..-~~n'-+.•x--~ _ ~ - r E C. i k; G> : E: Distribute the costs by functional components to the various customer classifications on the basis of the relative responsibility of each classification for service provided, as determined from the customer classification characteristics. ; Allocate system cost for fire lines. Estimate the revenue under the existing schedule of water rates anticipated from each customer classification, compare such revenues with the distributed costs of service, and determine the adjustment in revenues for each classification required to equitably distribute total costs of service to the respective classifications. r 3) 4) 5) Develop adjustments to the existing water service rates which will reasonably recover revenue from the various classes of customers in proportion to total cost of providing service to each class. Design of rates and fees for customers should recognize the desire to achieve an equitable recovery of operating and capital cost from existing customers and new connections. Preparation of Software Package To assist staff in determining the impact of potential changes in the level of expense and general revenues upon the level of water revenues, the consultant shall develop computer software which models water revenues and revenue requirement cash flow. I) Compiling Original Data. The preparation of a'software package shall utilize data made available for the rate studies described above, and other data deemed necessary by the Consultant. The data compiled shall pertain to revenues and expenditures typically incurred by the City, and shall be used in developing a model capable of analyzing revenue and revenue requirement scenarios. 2) Design d Pr rate Softwa e The design and programming associated with a software package shall involve development of a computerized system for use in modeling revenue and expenditure scenarios and determining ; impacts of alternative: capital improvement program schedules on the revenue from user charges and fees under' specific conditions. The system shall be capable of recognizing changes in customer growth and water consumption, and the impacts of application of different cost escalation rates in determining the projected level of utility expense. The software package will be developed for use on a personal computer. 3) Computer Program Loading The consultant shall load the computer program for revenue analyses of the water utility on the City's computer system and snake whatever modifications are necessary for the program to operate successftilly. `A user's manual shall be provided for the City's staff to use with this program. In addition, the consultant shall provide on-site training sessions to familiarize City F staff in the operation of the software package. , Schematic's of the system models plus hard copy printouts of the analysis made for the water rate study shall be 9 i i D. Un ate of System Development --_barges. Determine system development charges (SDC's) are in accordance with provisions of ORS 223.297 through 223.314 and which shall include the following elements: 1 1) Update the SDC based on an update of new capacity requirements and cost of i unused capacity. The SDC update should build upon the prior SDC study. Presentation of Recorx mendation. { The Consultant's services shall include the presentation of recommendations before a public heating, the City Council, Intergovernmental Water Board, Tigard District Board, City of King City City Council and City of Durham City Council to explain the methodologies used in developing the proposed rates, the allocation of costs to customer classes, and continued self- sustaining operation of the water utility, if staff deems that such presentations are necessary and appropriate. PART 2 f AVAILABLE REPORTS, STUDIES AND INFORMATION { f- k 1. Water Supply Plan Update, Murray, Smith & Associates, Inc. i 2. System Development Charges for the Water System, Economic and Engineering Services, Inc. i. ? 4. Capital Improvement Master plan, City of Tigard Staff 5. Monthly Revenue & Expenditure Reports, City of Tigard ; 6. Audit Reports, City of Tigard 7. Budget Documents, City of Tigard 8. Annual Reports, City of Tigard 9 Current Rate Structure, City of Tigard E,. I j f _s . PART 3 PROPOSAL INSTRUCTIONS General I-0QUL a All questions concerning the proposals or scope of work should be directed to Ed Wegner, Maintenance Services Director, at (503)639-4171. For a copy of the scope of work and submittal requirements, please contact Terry Tourney, Purchasing Specialist, 13125 SW Hall Blvd., - Tigard, OR 97223,(503)639-4171. Submittal Place and Tiaras 1 Ten (10) copies of the proposals must be submitted to the address below no later than 4 p.m. April 21, 1995. } Terry Tourney Purchasing Specialist City of Tigard 5 13125 SW Hall Blvd., Tigard, OR 97223 es~tativ c@acrl elc for Co sultant S-r cctioni march 2 9 Advertise for proposals An?i1 21 Submit written proposals to the City of'figard no later than 4 p.m. PST fipril 28 Notify selected firms for interviews Mav 10 _ Interview selected firms \7av 23 Recommend contract for engineering management services to City Council (tentative) i"aopasal Submitt.r.f Reesuire mewiLs Eirrrl i?e~icrjpt.ion, Provide a brief narrative describing the firm. Items addressed should include the firm's organizational structure, history, si~. location, and other pertinent background information that may be useful to the City in evaluating the firm. 12 Firm and Key People Qjalifi ions Provide information about the staff proposed to conduct the a work, including names, relevant experience, office location, and specific qualifications of each individual relative to the role they are to fulfill in this project. Discuss the extent to which this project team has worked together on past projects. The City reserves the right to terminate the Consultant's contract in the event the firm loses key " personnel, or if the firm fails to utilize key personnel as identified in the proposal. Pot 1 xneaience with Aggnrc. Identify past applicable experience of the firm and key people with management. projects for public agencies. List at least three reference names, agencies, and telephone numbers. jest Ap loach.* Explain the firm's approach to this specific project. Identify any exceptions and/or additions to the Scope of Work and responsibilities as presented in this Request for i Proposals. !t Level of Effort. Fee Structure and Schedule.* Provide an allocation of man-hours by specific project team member for each task and the not-to-exceed fee per task. Provide a fee schedule for all project team members specifically, as well as the firm's general rate t schedule for all other labor classifications that are intended to be used in completing the scope. Specific rates must be clearly identified. ;Non-labor charges should be p resented in the rate schedule, including but not limited to, subcontractor, expenses, and equipment costs. Provide a schedule for accomplishing the work, including completion dates of the design and construction eff,-- Contract. A professional services agreement for the City of Tigard is attached. The form, conditions, and requirements of the agreement are non-negotiable excepting extraordinary circumstances. Any extraordinary circumstances will be clearly identified and discussed in the proposal. It is the City's intent that, prior to final consultant selection and contract award, a clear and specific agreement which totally satisfies the City's needs and concerns will be established. Execution of this agreement is a condition of consultant selection. Any consultant unable or unwilling to sign the agreement will not be selected. Additional Infornlaiton.* Indicate the location of the office where the work will be performed Add any other relevant information that will make the proposal complete, *All submitted proposal information for these three (3) sections shall not exceed a combined len"th of fifteen (15) pages. l . PART 4 CONTRACT FOR PERSONAL SERVICES A CONTRACT entered into between the City of Tigard, 13125 SW Halt Blvd., Tigard, Oregon 97223 (herein as "the City") and of (Herein as ; "Consultant"). 'WHEREAS it is in the best interests of the City to retain the services of a consultant to: I. `NHEREAS, Consultant has been found to be qualified to perform said services, and a description of Consultant's qualifications are on file with the City and available for public inspection; i NOW THEREFORE, IT IS AGREED BY THE PARTIES HERETO THAT: t 1. Consultant shall perform the services as set forth in the Scope of Work which is attached a to this agreement and incorporated by this reference herein. ALL WORK TO BE COMPLETED WITHIN DAYS FROM THE WRITTEN NOTICE TO F PROCEED. 2. In consideration of performance of all services and as payment for all expenses incurred - by Consultant, EXCEPT AS SPECIFICALLY AGREED IN WRITING TO BE SEPARATELY REIMBURSABLE AND BEFORE BEING INCURRED, the City agrees to pay to Consultant as the maximum for all services, amount not to exceed$ upon completion to the City's satisfaction and acceptance of the work described herein. The Consultant shall be responsible for "any costs incurred in excess of the "Amount not to exceed $ " as agreed to above. i 3. PAYMENT for the labor or services viail be in a lump sunz upon satisfactory completion i of the project. i d. At least TWENTY DAYS (20) prior, to due date of each payment, Consultant shall i prepare and submit to the City of Tigard, 13125 SW Hall Blvd., Tigard, Oregon 97223, a f statement of services rendered, together with 'a request for payment duly authorized by payment by the City of an interim amount shall' release the City from any further obligation for payment to Consultant for services performed or expenses incurred as of the date of the statement of services. i _ 5. The City reserves the right to cancel this agreement at any time. Upon receipt of notice of cancellation, Consultant shall immediately cease work and submita final statement of services for all ;services performed and expenses incurred since the date of the last r~ submittal of a statement of services. 14 r. . ~t -i 7-7 ? In the event of cancellation, the City's payment obligation to Consultant shall be limited to the reasonable or contract value, whichever is greater, of Consultant services to the 3 City performed as of the notice of cancellation E 6. All work product accomplished when Consultants' right to periodic payment accrues, whether in the form of designs, drawings, diagrams, specification, reports, etc., shall become the exclusive property of the City upon the City's payment to Consultant. i Consultant understands and agrees that the work to be performed for the City under this i contract shall be considered "work for hire" and the City shall be deemed the exclusive owner of all rights to copyright the work once performed no matter when it comes into the City's physical possession. 7. Consultant understands and agrees that for all purposes related to this agreement, 1 Consultant is deemed to be an independent contractor while performing labor or services for remuneration. "Independent Contractor" means that: L. jE a) Contractor is free from direction and control over the means and manner of providing labor or services. b) Contractor is responsible for obtaining all assumed business registrations or _ professional occupational licenses. k C) Contractor furnishes the tools or equipment necessary to perform the labor or s scrvices. d) Contractor has the authority to hire and fire employees to perform the labor or 1 service. r_ C) Contractor performed tabor or services as an independent contractor in the previous year, federal and state income tax returns in the name of the business, a f business Schedule C was filed for the previous year. ` f) Contractor represents to the public than the labor or services are to be provided by an "independently esta'oiished"business. 8. Consultant shall not assign, transfer of subcontract any part of the work to any person other than an employee of Consultant without prior written consent of the City except that nioney due to Consultant may be assigned, if the City is given written notice thereof, but any assignment of money shall be subject to all proper setoffs and withholdings in favor of the City. 9. Consultant hereby represents that no employee of the City of Tigard., or wiy partnership or corporation in which a City employee has an interest,' will or has received any remuneration of any description from Consultant, either directly or indirectly, ill connection with the letting or performance of this contract, except as specifically declared in writing. 10. In the event that either party commences litigation to enforce anv provision of this 15 c agreement, the party that finally prevails shall be entitled to its costs and reasonable ' a attorney fees incurred from the commencement of such litigation to be paid by the other party r 11. Consultant, its subcontractors, if any, and all employers working under this contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ;i ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. The Consultant and its subcontractors, if any, shall show proof of such coverage in a form satisfactory to the City Attorney prior to commencing any of the ' work- to be done under this contract. r=. Consultant, if declaring him/herself exempt from any requirement to provide workers k comp coverage for the labor to be performed under this contract understands and agrees that under ORS 656.006(13), an 'employer' is any person who contracts to pay a - j remuneration for and secures the right to direct and control the services of any person. i Consultant understands and agrees that if he/she is exempt from coverage under ORS 656.027 and engages individuals who are not exempt under same in performance of the contract, then Consultant shall provide workers compensation insurance coverage for all f j such individuals. If Consultant does not provide that insurance it may be deemed a non- complying employer for purposes of Oregon law and agrees to hold the City harmless p from and indemnity it against any and all claims for compensation benefits made against Consultant as a non-complying employer. , v.,r F 12. Consultant shall indemnify, defend, and hold the City, their officers, agents, and i employees, harmless from any loss, claims, actions, liability or costs, including attorney fees and other costs of defense, arising out of or in any way related to furnishing supplies and/or services under this agreement and arising from the sole or joini negligence of the Consultant, including any claim, 'loss or 'liability contributed to by the City's, own negligence. This right of indemnification and to he held harmless shall be in addition to, and not in replacement of any bother right that the City may nave under any statue, under the common, or under this contract. 13. INSURANCE; Consultant shall not cornmence its _work under this contract unless and until Consultant has provided proof satisfactory 'to the. City's attorney_ of insurance coverage against commercial general liability, including contractual liability in the .4 minimum among of $1 Million in the aggregate and coverage against liability for professional errors and omissions, including limited contractual liability in the minimum amount of $500,000 in the aggregate. Consultant agrees that the insurance coverage's required herein shall be kept in full force and effect for the duration of Consultant's' work under this agreement and agrees to give Commission not less than 30 clays` notice of any termination or non-renewal of those coverage's. 14. The proposal is included herein only to describe the services to be perfoinied by Consultant pursuant to this contract. It is expressly agreeO by the parties that should there 1 16 I i i i i ) be any conflict between the terms of this instrument and the proposal, this instrument shall control and nothing herein shall be considered as an acceptance of the terms of said proposal conflicting herewith or including terms additional to those contained herein. 15. This agreement represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. a j AGREED TO BY THE PARTIES HERETO: BY: BY s City Recorder Title Date Date City of Tigard Nam e of F:1rm i twd/syr✓aser-hmaryhvater. ri 1) i } i yp AGENDA ITEM # 5 For Agenda of March 28, 1995 r.: CITY OF TIGARD, OPEGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TI'T'LE Water Rights Application PREPARED BY: _Ed Wegner DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the City Council authorize the Mayor of the City of Tigard to sign the j application for water rights on the Willamette River at Wilsonville and request the staff to proceed with Murray Smith and Associates on filing the application. STAFF RECOMMENDATION The City Council should apply for water rights on the Willamette River for the Tigard water service area, which includes the City of Tigard, City of Durham, City of King City and the Tigard Water District. INFORMATION S-UNMARV Based on discussion with City Council and durray Smith and Associates, tt_e :staff proceeded with the process of preparing the application. Two communications from Murray Smith and Associates are attached for more detail. The Intergovernmental Water Board has been informed of this and no objections have been received from the member agencies. OTHER ALTERNATIVES CONSIDERED The City could apply for {later rights at another location (see memo dated March °21, 1995 from Murray Smith and Associates). The City could decide not to apply for water rights for future generations and hopefully can "buy into" partnership with agencies which have water rights. FISCAL NOTES The application fee is $200.00. F x q F,7,a Audi kkociates, Inc. Fay neer~l'lanners c t 121 Slt lnian Sui;e 1020 Poelaj;d,OrMn 9;209 • ?IIO'iE 503.225.9010 - ELT i03-225-9022 94-0310:407 February 22, 1995 3 Mr. Ed Wegner Maintenance Services Director City of Tigard 13125 SW Hall Blvd. j Tigard, OR 97223 Re: Application to State of Oregon Water Resources Department for Water Right on Willamette River at Wilsonville Dear Ed: Enclosed is the completed application for a surface water right on the Willamette _ River at Wilsonville. We have completed this work in accordance with your direction E at our meeting on February 91 1995. j The application includes several items which vre'could like to bring 'to,your attention: E J i. The pouzt of diversion on tine Willamette River will beat Wilsonville west of I-5 on the north bank of the river. We have described the diversion point at the same point et. as that described in the existing rights of the Tualatin Valley Water Distri 2. Land use information forms will need to be submitted to the following: Washington and Clackamas Counties, Cities of Wilsonville, Tualatin, Tigard, Durbarn j and King City. We will obtain a receipt for the information form from each of these entities after approval of the application by the Council. The receipts will be there be forwarded with the application to OWRD. Each entity has 30 days within which to respond and forward the land use information form to the OWRD. 3. We have developed the estimated ultimate water demands based upon the ultimate service area (9,732 acres) shown on the enclosed service area map, the assumption of 6.5 persons per acre ultimate population density, and the assumption of 400 gallons per capita Der day maximum daily demand for that population. These assumptions thereby result in an ultimate maximum daily vrater demand of 40 cubic feet per second or 25.9 million gallons per day. This methodology to develop ultimate ma-ximuni daily demands was used because ultimate demands have not been identified in the City's current water system master plan update which developed year T~„a 3 2020 demands or the Phase2 regional study which is developing year 2050 demands. 'i j i Please review this information at your earliest convenience and if you have any questions or desire any changes to the application or supporting documents, please calla Upon Council approval, please have the application signed by the appropriate 1 City official and return the original documents to us. We will then obtain the land use form receipts and file the application with the State on your behalf. At the time of filing, a $200.00 check.payable to the Oregon Water Resources Department will be required. We appreciate the opportunity to assist you with this work and please call if you have any questions. Sincerely, MURRAY, SMITH & ASSOCIATES, INC. Philip H. Smith, P.E. Executive Vice President PHS:cyh Enclosures i 1 i i 1 i j 1 'ter j i WI-21-96 TUE 11.55 MMAY, SMITH & ASSOC. FAH NO, 503 225 9022 P.02 t.~71 tom, , B" Has 1?1 S..a She 1911 m Foal lea 4?2€(1 i~1t2S~1Q FAi3 22 94-0,310.407 March 21. 199.'i mr, Ed Wegner Maintenance services r)irertor city of Tigard i 13125 SW Hall Blvd. Tigard, ®regon 97223 Re: Water Right Application. on Willamette River )Dear Ed: prr your request of yesterday, we have prepared this sumuary of our discussions relative to the selected location of the "Mater right application on the Vir3lia tsaette River at Vilsonvill~• ;a At our meeting on Fa bxuaxy t , 1995, with yourself and Bill Monahan, we, had .a wide- desired location of a water right application on the ranging discussion as to the Willainette River. A key topic of cliseussion was whether to locate the point of x=-, diverajon hl the application above or W4DW Willamette Falls at Oregon C°iiy. As z vat ' - e,sult of these discussiunsq the deei €ars vas r ad e to preac ci with t1Ye applica tt►,~- Wilsonville location. ;5t~ f ~lio~rira a su~xInary of the dLscussiuns AV-'= that lftf to that decisiwu o `i`hac Wilsonville site is the. location of rar=e of the regon'dl :90urces he-b:'-P; miuddered in. the regoml water supply planning studies paeseastly ongoil l-9- substantial .ter supply studies of this lecatiun have boca conduce. A, site on the Vetfflamette River below W llanieite Falls is not presently beW eGy sidered for such a regional source- o whue Tigard could proceed on its awn with a water ziuPP1Y sYstc n if it vv ertt to obtain water rights at any location, the Wa7soiavillesite presents the k: t opportunity to develop a joint wafer supply systern with other participants to achieve the greatest economes of scale for such a system. The City of Wilsonville and the Tualatin Valley Water District both hold substantial water. rights at the Wilsonville location. The City's application would be for a point of diversion at the same location. The poteraYia] to develop a joint supply below Willamette Fails with others such as the City of Lake Oswego is far less certain. A supply system at this location wotald be- far less likely to tsc. developed with _ otliers and would therefore likely not present opportunities for economies of ~ sole. i - Mr. Ed Wegner page 2 j March 21, 1995 r o The siting of aa1 intake and treatment facility below Witla_mette Falls would pre mmt significantly greater physical coxistruation obstacles than would the , Wilsonville site, The west bank of the 6Wiilamette Rives in the West Linn and Lake Oswego axea Is now substantially developed. SIgnifieant siting difficulties i; for a iar9A intake and treatment works would be anticipated at such a site. o Tice pre-1909 cla ns at Willamette Falls by Portland General Electric Co. for _ t hydroelzetric power generation present an obstacle to he considered at the Wilsonville site. These claims am senior to most other upstream rights on the j entire Willamette Rive' systeraa including those of others at the Wilsonville site- It was determined that this obstacle, while potentially :serious, could eventually be favorably resolved such that a water supply system at WilsonvMee could be developed with confidence that a final raw water supply is available. ' r Rn--.rd upon the greet understanding of the. water rights and other related issues t concerning, development of a water atipply for the City, it was detenniaaed that application for a right on the Willamette Rives at [Wilsonville offers the City the best L a Opportunity to develop anew mater supply. If you have any que_rdons or need any furld rr irnformadim, please do not hesitate to can, k v1IJR,J~AY, Pvi3 i 11 Zi fi S©Ci ~i P~ 5, ildC. II 2pp~,H. Smith. P.E. zxitcutivc VICC PiTsidk'111' Pi S-,cy-h ~ L Application No. 1 State of Oregon WATER RESOURCES DEPARTMENT Application for a Permit to Appropriate Surfaces Water i Applicant(s)_ city of Ti r (Please print or type - use dark Ink) Mailing Address: X3125 S.W. Hall Blvd. { Tigard Oregon 97223 (503)639-4171 City state zip Daytime Phone No. i I (lie) make application for a permit to appropriate the following described waters of the State of Oregon: I. SOURCE OF WATER for the proposed use: Wi l laanette River atributalyof _CalooMbia Rivpt^ 2. TOTAL AMOUNT OF WATER to be applied to beneficial use. 40.0 cubicfeetper secoru4 OR 17,953 gallons per minute. If water is to be used frown more than one source, give the quantity of waterfrom each: 3. 17VTEND.ED USE(s) OF WATER: ~Mruniciuai If for more than one use, give the quantity of water from each source for each use; { Iffor DOMESTIC use, state the razrmnberof househ:lds to be supplied; ! Ij for MUNICIPAL OR QUASI-MUNICIPAL use, state the present population to he serve and an estimate of the future requirements (List population projections, water needs, ,anticipated areas to be provided water.) Service Population: Present 33.500, Ultimate 63,300; Water 0~man Present - 17.8 cfs. Ultimate - 40.0 cfs See attached may far service art,a- If for MINING use, state the nature (gold, silver, etc.) of the mines to be served; If for IRkIGAT ION, or other land area use, state the TOTAL number of acres to be developed under each use; F { Irrigation _ Other (describe) k r 4. D.ESCRIrTIOM OF WATER DELIVERY SYSTEM. Include dimensions and type of construc- tion of diversion works, length and dimensions of supply ditches or pipelines, size and tyke of pump 1 and motor. If for irrigation, describe the type of system (i.e., flood Wheel line, hand line, drip, other). The diversion works will consist of ao tRtdka_.StrUrt~ar~ lest~irr~c! nn the north bank of the Willamette River. River water'wil7'5e pumped to a meter treatment i ? then be nti plant, ~d northerly throunh_a new finished water transmission pipeline to existing finished seater storaoe reservoirs within the city! s water system. a a 5. PROJECT SCHEDULE: (List month and year) See resaarks Proposed dote construction work will begin Proposed date construction work will be completed - r'roposed rlate water use will be completed IVOTE. A map prepared by a Certi -d Water Right Examiner (CWRE) and a complete legal descrip- _ { tion of the subject vroperty are required under O S 537.140 and OAR 694 as apart of your application. The legal description may be copied from your deed title insurance policy, or land .sales contract. 6. a) In the event riy deficiencies are noted involving the ~pricariorz rssaD enclosed lierein please return the r . with instructions for correction to (cheek one): Applicant CWRE Other (Identify in REMARKS section) b) In the event an deficiencies are noted involving the a lication. lease return thew mica ion with i -tructions for correction to (check on-e): Applicant x CWRE Other (Identify in REMARKS section) j f 7. Are all lands involved (including the proposed diversion site, place of use, and access for conveying the water) under your ownership? If not, list in the REllMRKS section belo-,,,,, or on ' an attached sheet, the names and mailing addresses of the legal owners of all property involved in the proposed development.? t° E REMARKS; 1 water demands The pri,;ect schedasle has n®t vet been eGtaklished Item No ,-..7 The lands at the anoint of diversion the water-treatment nlan adad 3 E i , { dlWe certify that the info n d have prAV' ire opplicutio,*a is an caccureate representation of the ` { proposed water use true arui cc~r to test of Tray knowledge. , Se re of Appum Date of Co-Appticarr Date Dear Applicant: I certify that I have examined the foregoing application, together with the accompanying info_ama- tion, and am returning it to you for. In order to retain its tentative priority, this application must be returned with the requested corrections or additions on or before: j ,19 3 4VII TESS my hand this day of , 19 Water Resources Director By: This instrument was fast received in the office of the Water Resources Director at Oregon, on the day of 19____, at o'clock, R1. APPLICATION NO: PERMIT NO: A:APPFORN 9/89 i' i 1 .t The person presenting the attached request for land use information is applying for a water right. The Water Resources Department (WRD) requires its applicants to obtain land use information to be sure water i a rights do not result in land uses that would violate your comprehensive Plana WRD will not accept applications, which are not accompanied by this completed land use form or the signed, dated receipt stub detached from the bottom of the land use information form. You v,1111 receive notice Once the applicant formaik submits his or her request to WRD. The notice will give more detailed information about VVRD's water rights process and comment opportunities. If you give the applicant the receipt stub in lieu of completing the form, you will have 30 days from the date of the notice mentioned above to complete the form and return it to WRD. If no land use information is received from you within that 30 day period, WRD may presume the land use associated with the proposed water right is compatible with your comprehensive plan. Your attention to this request for information is greatly appreciated by both the applicant and WRD. If you have questions concerning the form, please contact`WRD at 378-3739. Commerce Building 158 12th Street NE .ilem, OR 97310-0210 (503) 378-3739 r-AX (503) 378-8130 Nlat,cuag Ott,aat tnit,:als: o Desc;riptiort of Water Use I $ Ow to Applicant: This shaet will prvrlde panning staff wiitt a b=ic; description of yotw proposed water use. Vie Please a out this sheet tlei,re tariragattached land use (seem to your Eacal ptannkv otter. It +aitl help local ~9 f affua~s to your tared_m iniaamation (oral idd . [vote to Local Plarulltftr_ offdefats: t'im dal this sh€rei M not sepamte it from itla rand dntor tion forna. it needed. ass make a se to for ar records. 1 ttsarne: City of Tigard Address: 11129 SM Nall RIVd_ ~'a-g~rd•~--Q~..-.~Z3 Phone: ° I Please Indicate what you w1't use the wader fm Check all boxes tfaat apply and fill in the tousles with trey characteristics of the prgjw;t I , - . ~ drs:9afissn (crop typo, golf course. nursery or greenhouse) Livestock[ (type of trvestock. feedlot. s4wghtefhouse): Q Residential units, single or multi-fantity. # tots It partillon* or subdivision): i i i Commsrcial (i.e, retail. ofr e. restaurant, gas station. hotel. Serves, etc.): 3 tndustrial (i.e., factory. pulp rnii1. research and development procsssing, etc.): EJ Miniag (aggregate, €na?af, cpsn pit, pia:~ar, n?c.): EJ Reds Lion (park, campsite, pond, eie.) - _ - - - Fish and WiIdiife (pond, hatchery, e4c.)_ . __-______e_s:__- .mil tiydrop,,n car (dam, uasaf aoir, powor gataarating or t.-an:smil.ling facilities): 0 Other (Name and list key ctaarC.erist')-j~~r S1t7g~.'r 1 IndF ate sources for the proposed orator use indica,a the estimated quantity of water below: the use will require Surface did=ter _a~QL _ Cubic feat per secorld. Name sources: Wi1jatre to Ri er at 17?953 Gallon; per minute. Wilsonville cse-Peet Reservoir or pond n Ground Water JVater Resources 0-3partmeni. 38SO Portland Rd. NE. Sajem. OR 97310 Phone- 378-3571 'j ; j Version: 1018191 Land Use Information Form: Permits, Hydroelectric Licenses, Water Uses in Addition to Classified Uses This information is needed to determine compatibility with l l comprehensive plans as required by OFl s i '97.180. The Water Resources Department wili use this and ether Information to evaluate -the water use application. DO NOT FILL OUT THIS FORM IF water is to be diverted, conveyed, and/or used only on federal lands. Applicant's Name: City of Tigard _ - • . Address: 13925 Std Hall Rivd. City Tinar-gi state: Zip ~7?? Day Phone: ( 39_4_1 U.~, j Please provide Information as requested below for A11 tx lots on or through which water will be diverted or used. (Attach extra sheets as necessary.) Applicants for municipal use, or irrigation uses within irrigation districts, may substitute existing and proposed service area boundaries for the tax lot Information requested below. (CHECK ALL THAT APPLY) TAX LOT ~ LOCAL. iD 0 PLAN•OESIGNAMNC&ONiNG (e.g. Rural ResidentieURR-511 WATER DIVERTED WATER CONVEYED WATER USE ~ r' r7 4~j diversion point and proposed service area. Please list all counties and cities within which water is proposed to be diverted, conveyed, and/or used. urhani the following section must be completed by a planning official from ea county and city list unless your project will bay located entirely within the city rte. In this case, only the city planning agency must complete this form. Please request additional forms as needed. For Local {savsrnment _overnmenj-_Qse Only Local planning officials are to complete'the remainder of this form. If it cannot be completed while the applicant waits, sign and detach the receipt as Instructed Wow. You will rawive notice when the applicant's water right request is filed with the Mater Resources Department (WRD). You will have 30 days from the notice date to return this completed land use form to VIRD. If no land use information Is received from you within that period, o'VRD may presume this land use associated with the proposed water right is compatible with your comprehensive plan. a) Chcck the nppro priata box befovv and provide requested i~tforrnation. • Land uses to be served by proposed water; uses (including proposed construction) are allowed outright or are not regulated by your comprehensive plan. Cite applicable ordinance section(s); Go to section b) on reverse side. • Land uses to be served by proposed water uses (including proposed construction) involve discretionary land use approvals as listed in the table on the reverse cf this form. Note: Please attach documentation of applicablk: local (and use approvals which have already been obtained. (Record of Action plus accompanying ?hidings is sufficient.) - _ - _ Y ` - - - - - - _ -Reccipt for Request for Land Use Information WRD Applicant Name: City o'l Tigard This receipt must be signed by a local government representative and returned to the applicant for inclusion in the `NRD tippl'+cation IF the local government cannot provide the above requested land use information while the applicant waits. City or County: Staff Contact: Signature: Phone: Date of Information Request: _ (tor Local Use Continued) (CHECK'17IE BOX THAT APPLIES) Typo of t ears! Use Appsovd Needed (e.®. ate Most siowfiacant, juready Atnmoaly Gang Purznne d 1 plan wrier d nts. r=enos, cone ido4tal App4eitblit Plan Policies & ObWnod Domed sadsdecton'ty, use ponavts, etc j oftfinsnce section 7 References i F ts) Please provide printed name and written signature. Name: Date: j Tida- Phone: Signature: Local governments are invited to express special land use concerns or make recommendations to the + L. Department regarding this proposed use of water below, or on a separate sheet. i f { Additional Comments: T.3 m, R 11 22 , APPLICATION MAR FOR SURFACE WATER RIGHT NOTE: This map is woter right cJir-nensions CITY OF TIGARD WASHINGTON COUNTY, OREGON MARCH, 1995 HIM 91 IW7 ~x~e»es Col,,,o`/46a for thepurpose of identifying the location of the only and is not intended to provide legal or locations of property lines. 4 t E . I ~ 4( L---_-.-__. _T _ 1. I r,. H Itt: , lai I i L_G Idrl,,, ~ : ----------b- - ; ~ I r-- a ~ : / , ' ~ ',~a~hJcR S I t-~ c / R, ~ I L~ 3 29 ~ ~ - I~' ~ -2- . T~ LoRS ~-.I<~r D i; ? +:i - I # 1 I ~ I - I j I '~~Q• r.l; IST ~t:-J %~i i t,S~IU _~n -,i \~:F,I I w i - I ~I 31~ 32 {j ~.~I•,:11; .r i 35 ~ 36 I 1 31 L.c i~t~.,Er:_•. RC lii T1 S i ~ <u `u?i , ~ , ::5, w.. tit;-. ~ ~ w T1 S _ LE V;'-• f n 1 `°i' Lake Oswegq j T2S ,i - ~ \ ~ ~ T2S ~ ~ l I _ TI• .Br '~Ss DER.°.'! f ~ / I ~ t~ \ I ~ IF'J.BE'.G •,r., rt j ~ i ~ ~ - Bull ,.J ~ . ~ I I t ~`~~.Hulls , ~I TI and ;r•: _ >I %RUyr• j,. `,1% -~i: i g .,.~1RGt 's?:DUN'+LC at\ \ ~ ~y I :i f„D~UPiT~IPI I .T ~:in aJ : ~p~"/ ~t~ ~JLL !~-4(: j rl ~ o~Ni:.4 pD L ~ ~ /,Jcn / _ ~ - _ J_ \ ~ U ~j Z C ~ y L~ ~ J_`~" Lam- ~ ' ~ 1~ m BEyC--_~.. ~ vlt> ,\.r, ~p 'y-y'",Jl' __.~C t-- .-I= Durham I Or/gam ~ 'EN TRrE. , / ~ Rc it r7 ~ 0 ~ ~ r ~ ^V ~ ~ ~ I I flSi H, E~ 0 ~ l % IBEFGIS PG ~ ..t ~ i - ULTIMATE ~A R SYSTEM SHERWOOG RED ~ J TUALATih z ~ ~D SERVICE EA i King C,y cHlLrs ~ SF,y ELs' R I ~ Tualatin 1-•---~ ual ~ ~ ~ r I t(n 20 N ~9. 22 23 _ 24 1 ~ o 0 1 d'+C~- ~~;'';.4GERT ~lW 4IVD R y t I Riw _ ' ~ I o VERY ..I ~ : zl ~ _ j - --i ~ 'iUhlr.ll~~ --l EDY RD w Sherwood / _ _ EGA' _ Rr_ _ L ~ CITY OF TIGARD r ~ I ~ I WATER RIGHT APPLICATION .MAP i 0 4000. sooo \ ~ . • I , MARCH 1995 I c• ~ • ~ , ; _ _ • C - 3128195 Agenda Item 5 c>~ALE IN FEET- i ' -lion I ,L\ I _ i I -i 94-0310.407 j Wehr Rlshts'A'pIr ~ ~ 1:of t 1 _ 6 48/21/9 ` ' ` -i) _ _ 1 _..I AGENDA ITEM # l.0 For Agenda of March 28, 1995 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Deletion of Grant Avenue Sidewalk project from the CIP PREPARED BY: R. Wooley DEPT HEAD OK CITY ADMIN OK ISSUE, BEFORE THE COUNCIL Deletion of the Grant Avenue Sidewalk project from the capital improvement program (CIP). j STAFF RECOMMENDATION By motion, direct that the Grant Avenue Sidewalk project be deleted from the adopted 1994-95 Capital Improvement Program, and direct that the CDBG grant for the Grant Avenue Sidewalk project be rejected. INFORMATION SUMMARY Ar- the study session on March 19th, the Council made a tentative decision to abandon the Grant Avenue, Sidewalk project. Council directed staff to schedule appropriate formal action for the meeting of `March '28th and to inform residents along Grant Avenue of the intended action. Attached is a_copy of a notice which was delivered to Grant Avenue residents on March 16th. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES Project funding included $40,000 of gas tax funds. if the project is deleted, the $40,000 will be available for other street projects (including bicycle and pedestrian facilities). _w/gr_ant-s.mar March 16, 1995 ~ e G OREGON Grant Avenue Sidewalk 1!pdgte The City Council has made a tentative decision to delete the Grant Avenue sidewalk project from i the City's capital improvement program.' If the project is deleted, then no sidewalk construction will occur on grant Avenue. The CDBG grant will be rejected. The City funding will be made f available for pedestrian safety Improvements elsewhere in the City. seasons E The previous project update in December, 1994, indicated that the decision had been made to ' construct a new sidewalk along the west side of Grant Avenue between Johnson Street and C.F. E Tigard School. 'After the December update was distributed, the City Council received objections i frarri s©rrte of the pr®peaty owners along Grant, The objections were formally presented to the E Council in February. The property owner., argued that the proposed now sidewalk along the west side of Grant was not needed and would negatively impact the existing properties. The Council considered the option of constructing; the sidewalk 'along the east side of Grant ! Avenue. This Mould mean replacing the existing asphalt pathway.' Council concluded that City - fund, sh:w!d he used to provide pedestrian safety improvements on other streets with greater ~ saMlty problerns !fore spending 19.nds to upgrade Fn existng ;.ath"vny. I Go> -:ncil consldercd changing the project limits to avoid the areas where objecVC-ris were raised. Hoviever, G iaming the project omits would require an a-Ple ni`.'lslant to flie CDBC- grarq, vdhich would be difficult to obtain. Consequan'.ly, gie Council concludod that thQ project should be d2iuxed and that tiro CIVr shave of isie project iunding should be applied to some other location in the City,,%,here pedestrian safely concarin s arr pure s-evere. Ceiiricil ~s'e lna Forrii-?l aeon to c€ rifiirn trio Council dodsion is schaduled for the regular Council meeting of March 28, 1995. Council meetings are public meetings. There will be in opportunity for interosted dozens to address the Coursed regarding the Grant Avenue Sldew ik project. The rnee`sing will be hold at City Full and S^wiii begin at 7:30 p.rn. if you have quesilons or need additional information, p3oe ze iu-nl frE3 o coniact pia. Sincerely, Fardall R. kNoc"lay CRY En-iiZear 13125 5'•A! Hall Blvd, i-gard, OR 97223 (503) 639-4171 TDD (503) 6,94-2772 k " pr t: ti:: i -3/17/95 f l City of Tigard 13125 SW Hall Blvd Tigard OR 97221 Attn: Mayor Jim Nicoli =j Dear Mr Nicoli, { We would like to submit a letter of support of t We attended a meeting in February with our neight to voice concerns. I heard Mr. Iverson talk about the hedge he woulc both privacy and security. I also heard one of t the Iversons would be compensated for the loss of means to replant a new hedge or build a fence th, I listened to Mr. Moore's concerns about the deco house and the parking he provides for the church, i state that the flower bed would be extended to mE Moores provide fits roughly 2 cars and I don't cc j block the 'project. MAR 17 1995 k _ CITY OF TIGARD i he Grant Street Sidewalk Project. Drs and were given the opportunity K F- lose that provides he and his family r he gentleman:from the city state that the hedge; thus, giving them the f would provide that same protection. restive:flower bed in front of his The same gentleman from the city at the sidewalk. The parking the c isider'that enough of an issue to .j It was proposed that the sidewalk be put on the east side of the street over the existing bike path. It seems to me that by using roughly the same amount of money, we're providing a safe path on both sides of the street rather than just one. I feel each issue presented at that meeting in February was answered and diffused by the gentleman from the city. I also feel that a sidewalk on the west side of - + Grant Street will enhance the appearance' and livability of our neighborhood and twill be a tong range asset." I was surprised to see the notice yesterday saying that the project should be deleted based on the opinions of the people in my neighborhood. My in*_ent*,un in writing this letter is.not. ,to_stir up a cauldren' but to voice my support of this project, before its put 'to final rest. Thank you for your time and consideration. April Padilla bike Padilla a 12645 SW Grant Tigard OR 97223 cc: Randall. Wooley AGENDA ITEM ~ For Agenda of a% e715 i CITY OF TIGARD, OREGON COUNCIL AGENDA ITM SUNMARY ISSUE/AGENDA TITLE Final. Order PDR 94-OQP2 D 94-0019/SLR 94-024 Gordon Martin[Tri County Center PREPARED BY: Dick DEPT MEAD OIL CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council apprdve the attached final order approving the Martin/Tri County Center? STAFF RECOMMENDATION Staff recommends that the City Council approve the attached final order and findings. IN ORMATION SUMMARY At the January 17, 1995 City Council meeting, the Council voted to tentatively approve plans for a 360,620 square foot business center :youth of Dartmouth Street. Revised plans were reviewed again at the February 21, 1995 Council meeting'. Approval was subject; to returning with a final order 3 addressing additional findings and conditions calling for the City Council's review of the center's detailed plan submittal. 1 , The applicant has prepared additional findings to address the transportation I planning -rule, wetlands and the wall. Conditions calling, for the Council ° s ~ eview of detailed plans, maintenance of 16 )percent lance-scaping the E provision of access to sewer for lots along Hermoso Way (without a reimbursement district) and she site and sound barrier were added. In addition, conditions to require half of the required bicycle spaces to be covered and placement of three inch replacement tree were also added. A highlighted copy of the final order showing deletions and additions to the findings has been provided a. well as a clean copy for signature. OTHER 1V.,TE +ATIVES CONSIDERED 1. None - FISCAL NCTES 110 direct fiscal impacts 4 315 A. FACTS r 1. General Information i 3 Git , t e. T -Rev i 'n ~h1 q4' Se k, A _ request for Site Development Review, Planned Development, and Sensitive Lands Review approval to allow the construction of a , n 6A,W E square foot commercial retail center , and related faca litzes- #an,s~sxnc aril zz X. and App icanr Cordon SMartin 12265 SW 72nd Avenue - j Tigard, OR 9722; Agent: ? rcf Gx, krt:e~ on Christens~..n Engineering 7 70()o -sa4 .-Iat Lm y.-. Suite 220 1 OR 97223 Location: The southwest corner of the SW 72nd Avenue and Dartmouth Street ~ ~ (WCTM 1S1 36-CD, tax f lot 20058; and WCTM 2S1 `IBA, tax lots 1001 101, 300, 400, 401, and 402. f " FIN --,L ORDER--SDR 94-19/PDR f 94-02/SLR 94-04-TRI-COUNTY C a -;v PAGE 1 , POM -164410.2 24056 0001 i 1 ~ t Backaround Information The site has been zoned General Commercial ~e, t s sa since the T-1 Comprehensive Plan was aiiopted in 1983. -1---t "'I's within the area known as the Tigard Triangle. The Triangle has been the focus f. of a planning effort over the past two years SheT~e k -t `ate Cox <:,1. e S i it sa eJt k a ...Tigard , .,.v Triangle;Speclfac Plan -that F INAL ORDER-SDR 94°-19/PDR 94-02/SLR 9 4-04-TRI-COUNTY PAGE P=1-1644.10.2 24056 0001 other TPR provisions such as building location and o t t' b t h 4 raext a ion remain to a incorpora ed into It e code. For the review of this application, both the `°ede provisions and the . remaining TPR requirements Ile OM must be considered. i Plannan commission E conducted a Public- ng 0- concerning these applications and recommended approval subject to the a:"':* ~ conditions E On December 9, 19 9 4 tiag+ r~ Final order - - ~r ~ which m;istak®nlg iaicluded a condition concerning the location of loading areas for the Pad A retail site. The Planning Commission action did not include a requirement for a revised location of`this loading area. The loading area was approved as shown on the proposed site plan. The I.' previous Final Order also included an incorrect site plan map which was not reviewed by the Planning commission. 3, A Vicinity information The property is bordered by SW Dartmouth Street on the north side. A Cub Foods store is. located on the opposite side of the street. A recently opened Costco store is located to the northwest, on the other side of Red Rock Creek, which runs to the southwest between the two properties. Commercially zoned property that is predominantly wetland, lies to the west. A residential subdivision is immediately FINAL ORDER-SDP 94-19; PDR 94-02/SIR 94-04-TRI-COUNTY PAGE 3 F091-16410.2 24056 0001 south of the property. SW 72nd Avenue abuts the E property on the east frontage. Single family residences are located on the east side of SW 72nd Avenue. A 108 - unit apartment complex is under { construction to the south on the east side of SW 72nd ' Avenue. The zoning on the east side of SW 72nd Avenue is a mixture of C-G (directly east), R-3.5 (northeast and east), and C-P (southeast). The zoning designations in the surrounding area'are shown in Figure 1. SW Dartmouth Street is designated as a major _ collector. Existing improvements include five travel. f lanes (except near the crossing of Red Rock Creek . which is three lanes), bicycle lanes, and curbs. Sidewalks are being installed as a condition of ° development approval for properties along the street. ' in addition, a landscaping concept has been developed and implemented for'new development on Datqfteti-th. DtYCa Street. SW 72nd Avenue is also designated as a major collector street. Existing improvements along the Y property frontage and the immediate vicinity include j two travel lanes and gravel shoulders. Tri-Met bus service is not available to the site. ' However, two routes are within walking distance of the property. Route #12 provides service on SW E' Pacific Highway with stops on SW Pacific Highway near SW 78th/Dartmouth intersection and SW'72nd'Avenue. Route #78 travels on SW 72nd Avenue, SW Hampton Street, and SW 68th Avenue, which parallels SW 72nd Avenue approximately 1,200 'feet to the east. j ,I- Site The property consists of a number of parcels that will be consolidated to allow the constru tion of c this project. There are four isk' f residences i and a number of accessory buildings which are i generally located in the southeast portion of the site. The property has been used for a variety of i` agricultural uses, including' Christmas trees which j can be found along SW Dartmouth Street. l The grades on the property are variable. In the southeast corner of the site (southeast of Pad H), the grade is one to five percent.` To the northwest i and down the hill they vary between 'five and slightly { FINAL, ORDER-SDR 94-19/PDR,94-02/S7.,R 94-04-TRI-COUhTTY. PAGE 4 1 P01-164.410.2 24056 0001 i j i over 10 percent (near Pads H, F, and the adjoining y parking areas) The western half of the property has grades that one to five percent (Pads A-E and related parking area) u a i i i i 7 9 Red Rock creek runs along the northwest corner of the I site. In addition, a wetland of approximately 5,470 square feet is located~on the south side of the creek. It has been identified as a significant E. wetland in the city's inventory. A small drainage way and related wetlands run through the site from the intersection of SW 72nd Avenue and f SW.Dartmouth Street to the approximate mid-point of the western site boundary. A separate wetland area is located in the southwest corner of the site. The wetlands total about 63,567 square feet. In addition s-` to the drainage way and wetlands, there are a -significant number of mature trees, with diameters in - excess of 12 inches. These trees tend to be concentrated in the southeast portion of the site and along the drainage way corridor. a Proposal Description u` Proposed Improvements The applicant proposes to build a oA - Q ,at E i2 square foot retail center. This tct l retail floor area will be divided by a number of buildings, including a large anchor store (Pad A) of 143,000 square feet located in the southwest corner of the site Seven "pad" sites are proposed alongthe SW Dartmouth Street and SW 72nd Avenue frontage, with sizes of f , ~ (dad s ~ JRa V! square :feet: Tne proposed Heightof 'the t buildings is not provided. The remainder of the site will be used for :parking standard and handicapped spaces), driveways, loading, and landscaping. A-total of four full-access driveways are proposed. Driveway A is located on SW Dartmouth Street in the northwest corner of the site, bwtween Pads 3 and c. Driveway B:is proposed to be located on SW Dartmouth Street across from f FINAL ORDER-SDR 94°3.9/PDR 94-02/SLR 94-04-TRI-COUNTY PAGE 5 PDXI-16/+410.2 24056 0001 I . f. i the Cub Foods driveway, approximately 435 feat west of the SW Dartmouth/72nd intersection. Driveway C is located on SW 72nd Avenue - approximately 300 feet south of SW Dartmouth Street. The second driveway (D) is an additional 250 feet farther south. The applicant proposes that the'access across from C Foods will eventually be a signalized ~ intersection tu f,- Pedestrian access to the center is provided by sidewalks along at least one side of each of the driveways. A system of walkways is shown on the _plan which. is intended to provide walking site links between the eight buildings on the site. Building entrances are oriented toward parking area as shown on the site plan. These entrances range from approximately *G to 600 feet from F the street frontage. i Site Grading j An extensive amount of site grading and filling is proposed. The applicant proposes to grade the [ entire site and fill the western area to provide a level area for the anchor retail building on Pad A and parking lot. The depth of fill on the western portion of the property is generally proposed to, be 6 to 10 feet, with a maximum depth of i8 feet in the southwest corner of the site. This filling will require a retaininc wall along the west and southwest edge of the project that will be between 2 to 14 feet. cam? F;etiand and Drainage Way The wetland area along Red Bock Creek, in the northwest portion of the project, will be partially retained. The drainage way and related wetland areas are proposed to be ' relocated along the SW Dartmouth °Street frontage. The relocated drainage gray will join Red Rock Creek in the northwest corner of the property. The wetland in the southwest corner of the property is proposed tobe filled The applicant proposes to rep-laeemeRb r z1, tha is loss of wetlands by providing sad _ illi wetland area on the north side of crook Park. A permit application to relocate the FINAL ORDER-SDR 94--19/PDR 94-02/SLR 94-04-TRI-COUNTY PAGr 6 MI-164410.2 24056 0001 t 4 j 3 a wetlands has recently been submitted to the Division of State bands, and a decision is pending. Parking and Loading The site plan parking spaces of which 34 are far haizclicapped use. In addition, there are 68 ; parking spaces shoran near building entrances. Sixteen on-street parking spaces are shown on SW 72nd Avenue. A truck loading area is indicated at the rear of Pad A, but the number of loading spaces is not revealed. No bicycle parking facilities are shown, however, the applicant has previously indicated that bicycle parking will be provided, generally in the vicinity of the building entrances. Transit Mex _ WAO are no transit routes adjacent to the site. Because of the potential for transit on SW 72nd Avenue and/or Dartmouth Street in the future, two transit stop locations are shown on the site . y plan. one is located immediately west of Driveway A on SW Dartmouth, Street and the second is shown north of Driveway c on SW 72nd Avenue. f Landscaping A conceptual landscaping plan has been included with the application. -it-'s-rret~le~s s,.~- as appears` that the only existing trees on the site that will be retained are located in the northeast corner of the property where the existing drainage way/wetland will remain in its present location. The indicates that trees and I shrubs Ovalle proviced along the southern perimeter of the 'project. The remainder of the plan shows the location of other landscaped areas on the site. 11< Signs The site plan indicates that one mor_1ukifant sign will be placed at each of the 'driveway i FINAL ORDER-SDR 94'-19/PDR 94-02/SLR 94-04-TRl°COU*1TY PAGE 7 79X1-16.',410.2 24056 0001 i- a i entrances. No other information has been submitted regarding the size or design of the - signs. r_ r Agency and Neigh orhood Organizafi° 'on c omments 1 l....r. .b. e.... 1 Engineering Department tom:- ~ . Traffic ' The applicant has submitted a "Transportation Impact . Study" entitled "TRI-COUNTY CENTER, Tigard, Oregon", prepared by Kittelson & Associates, Inc. of Portland, Oregon, dated July, 1994. Subsequent to the submittal, various meetings were held with the 1 applicant, the consultants, City Staff:, and the [ City °.a.consulting traffic engineer fora the Tigard ; Triangle Area, Mr. Randy McCourt of DKS Associates. Pursuant to the meetings, amendments to the traffic ' report and the site plan were submitted to supplement the application. The letter of September 26, 1994, j by Kittelson & Associates, highlights the changes to the site plan that were to be made in response to the critique provided by the City' consultant. , j To summarize, the project adequately provides for the proposed traffic impacts; by the inclusion of the i following design features: a, The _ four driveways to the site, two each from SST Dartmouth Street and SW 72nd Avenue have been located in accordance with the o-Arall street and driveway alignments for the area. b. The two driveways on SW Dartmouth Street were the subject of an intensive investigation, which ` resulted in the use of wider driveways and a widening of SW Dartmouth Street to provide additional left-turn storage, as shown on Fig. 2 of said letter of September 25, 1.994 from Kittelson & Associates, Inc. { C. The Kittelson 'report: indicates that traffic signal warrants will be ;satisfied for the public street intersection ofSW Dartmouth Street/SW 72nd Avenue in 1995 with the opening of the Tri- County Center.' The applicant should construct FINAL ORDER-SDR 94-19; PDR 94-02/SLR 94-04--TRI-COUNTY PAGE 8 POX1-164410.2 24056 000; j 1 w the signal concurrent with. the new construction. As an alternative, the traffic signal construction could be included in a new area- wide Local Improvement District. Traffic Impact Fee credits are available for portion of the work in SW 72nd Avenue and for the traffic signal at SW Dartmouth Street/SW 72nd Avenue. d. The Kittelson report alto provides Level of Service calculations for the proposed Driveway "All which indicates that the driveway will operate at a Level "E" in 1995. It is recommended that the applicant consider installing the traffic signal at this driveway to enhance the ability of the potential customers to enter and exit the new development with less delay than that which will occur as indicated by the Level "E1° determination. As recommended in the Kittelson letter of September 26th, SW 72nd Avenue should be designed as a five- lane street south of SW Dartmouth Street to accommodate future traffic and turn movements. As part of the detailed design of the improvements to SW 72nd Avenue, additional traffic engineering review is needed relating to the driveway spacing on SW 72nd Avenue. Of concern is the potential for proposed Driveway '"C" to be blocked by future peak-hour traffic queues from the signal at SW Dartmouth Street. Also, the City needs to be assured that the left-turn lane has sufficient storage capacity for vehicles turning into the driveways (including future commercial driveways to the property on the east side of SW 72nd Avenue) and for vehicles waiting to turn into the public streets. If sufficient left-turn storage space is not available, it may be necessary to eliminate left turns to and from Driveway °1C". To avoid traffic operations problems, Driveway.t°D" should be aligned with the centerline of existing SW Elmhurst Street, which would be widened in the future with the development of the adjacent property to the north. The traffic report points out that intersection revisions are needed on SW Dartmouth Street at 99W to allow for left turns from two lanes. The report assumes that these revisions will be made by the Costco development. While this assumption is FINAL ORDER-SDR 94-19/PDR 94-02/SLR 94-04-TRI-COUNTY PAGE 9 PDX1-164410.2 24056 0001 .1 t i ' probably correct, it is not certain. Completion of the recommended intersection revisions should be required prior to the opening of the Tri-County Center. Streets Both SW Dartmouth Street and SW 72nd Avenue are Major Collectors as shown on the City Comprehensive Street Plan. The applicant should dedicate right-of-way for both streets to comply with the recommendations of the traffic reports and a final street plan, and construct the streets to the proposed widths to provide for the following: i a. Additional left-turn storage in SW Dartmouth Street as shown on the Figure 2 noted above. b. Widen SW 72nd Avenue to provide a total, of four 1 lanes; two southbound, a northbound left-turn lane and one northbound lane, with the initial Tri-County Center development, as recommended in the September 26, 1994 letter noted above. Dedication of additional right of way will be required along the south side of SW Dartmouth Street and along the west side of SW 72nd Avenue. The additional right of way on SW Dartmouth Street is a result of the locations of the driveways of the proposed development and the need for side-by=side left turn lanes on SW Dartmouth Street between Driveway "B01 and SW 72nd Avenue, as noted above. in addition,; the widening in SW Dartmouth Street will 3 provide for the sidewalk separation from the curb and the`streetscspe landscaping approved by city Council for this portion of the SW Dartmouth Street within the Tigard Triangle. On SW 72nd Avenue, the additional right of way is needed to accommodate the long-ranee need fora5- lane street. In the long term, SW 72nd Avenue is projected to carry between 1,200 and 2000 vehicles in the peak 'hour (depending on which traffic study you use as reference) between SW Dartmouth and SW Hampton Streets. This proposed development is projected to generate approximately 500 vehicles per hour on SW 72nd Avenue or 25-40% of the long-range traffic on SW 72nd Avenue. The proposed development has approximately 20% of the frontage of SW 72nd avenue between SW Dartmouth Street and SW Hampton Streets. FILIAL ORDER-SDR 94--19/PDR 94-02/SL.R 94-04-` RI-COUNTY PAGE 10 PDX1-164410.2 24056 0001 t , Thus, the pri proportional development. In addition, and overhead the easterly ,posed dedication is deemed to be roughly to the need generated by this i a portion of the existing power poles lines serving the area are located along side of SW 72nd Avenue. Street lighting F is provided on the existing poles in both fronting streets. However, the applicant should be required to install City standard street lighting along SW 72nd Avenue. Sanitary sewer The existing 811 public sanitary sewer in SW Dartmouth Street has a number of sewer lateral stubs constructed with the Dartmouth LID to serve the site. This existing sewer has sufficient capacity to serve this development. The existing sewer in SW 72nd Avenue should be extended to a point opposite SW Elmhurst Street and stubbed to the east. Storm Sewer The site currently drains on the surface to the existing natural Swale that crosses the property from northeast to southwest to the Red Rock Creek and the contiguous wetlands. The applicant proposer to fill a portion of the existing swale and wetlands and has submitted to the Corps of Engineers and the Oregon Division of State Lands for the permits. The plan would provide for mitigating wetland restoration off- site. The final plan should also be submitted to the City of Tigard and the `Unified ;sewerage Agency for their review and approval. l The Unified Sewerage Agency has established and the City has, agreed to enforce (Resolution and Order No. E 91-47) Surface Water Management Regulations requiring the.construct.on of on-.site ;water quality facilities or :fees in-lieu of their construction. The proposed site grading and underground` system has been designed { to incorporate a water quality facility that treat` the surface stormwater flows prior to the disposition of the storm water into the existing Red Rock Creek area. The final design; should also include rnrovisions both low flow water quality treatment, and 25 year and 100 year design flow by the construction of an outfall directly to the Feed Rock Creek culverts FINAL ORDER-SDR 94-19/PDR 94-02/SLR 94-04-TRI-COUNTY 1 PAGE 11 PDXI-164410.2 24056 0001 r F crossing SW Dartmouth Street at the westerly edge of the site. The Sn ° i dints Divisioxa has no objection to the proposal. Tigard olice a tna t would like an opportunity to 'review and comment on detailed plans for the exterior lighting and landscaping. Portland General Electric and. Northwest Natural ga- g. have no objections to the proposal. 4 The Tualatin Malley water Dist ct, has no objection to the application but it will need to F work with the applicant on the final design details of the water system improvements. . • Tri-Met reviewed a preliminary site .gt=-~a~ S .:i .mod.. ' 9 t ° tE ` -i7-L'XR'7T'PC~TJL 'y~t',J [ 1 Bar ~-k A PS .T n 2 ..a R Z~eiS~TidiIV41GGlY- GdY~T.£BS~'"TTrT$V~"°~'CYYr-$SLgG~~1-SQ phi iX#C tr~k374i E t~ IYEYiI£ 4A 4{~iu~ ~ n«x i 1 ~0 ?he u'~ency An~iGates that na sG'rvzce s plannzd in the immediate future on Sla 72nd Avenue. However, the site could accommodate bus stops on either street in the futurr. Tri-Met has the followia?a comments: a. If bus service ,y provided in the ~ut~rc , stops are cyrA_cally provided at. signalized intersections to allow for safe pedestrian crossings. Secondary atop; may !De located near' driveways. b. At bus stop locations, a five-foot wide by eight-foot deep landing pad' is needed. C. Distances between buildings should be leapt to a minima ns to promote pedestrian access arid- convenience. The Oregon Dena r_tznant of T1.'anspor. t<,tio, has commented that: ° FINAL ORD R-SIDR 94°-19/PDR 94-02/SL.ti 94-°04-'1TP,1-COUN-TY PAGE 12 ~ F~IX1-1G4/.Y0.1 2-',036 Q031 f i , ,j . i j e- Given the impacts to the local street system, restricting certain traffic movements on driveway B and C as well as future signalization of driveways A and D is encouraged. b:- The impacts of commercial development in the Tigard Triangle: area on the-local street network and ODOT facilities should be analyzed. The current zoning in the Tigard Triangle Area was based on the assumption that certain transportation improvements would be made that may not materialize, such as six lames on Pacific Highway. The city should evaluate, this relationship between land uses and : transportation capacity. No other 90 comments have been received. ' B. MAJOR ISSUES This portion of the eeport . pertaining to the prepesva-l ~fyollowed k lines the major issues Exhibit su imar~5+..I.S Exhibit Aw .Y~`4ii9Z}~, " 0 Transportation Planning Rule (TPR) and I - - _ rINAAT ORDER-SDR 94-19/PDR 94-92/S7-Z 94-04-TRI-COUNTY PAGE 13 Ml-164410.2 240536 0001 i r I r- 7.1. -the, is that lae -re 4®r redue i FINAL ORDER-SDR 94--19/PDR 94-02/SLR 94°04-Tr,I-COiJNTY PAGE 14 nXI-1644M2 24056 0x09 1 m"M i .J co I WIT i '1 4- i ~ . - i 1 ,I i - j ~ ~ s. s"3..',~5, . ~T ~ a ~v ,.l a.` r'~ : T . . z 4 iw .'~~n r ' t { . 1. y n 4( . y - T ~ g 1 .+4 i UUl ,yam g~~y .~n ~{~~d.rd ~"S•~.~3 l~i~'.~ e ~&ac'c wa'~. .d.~r-x~ ~ ~ 1 \~4.~ti , ~ Oil- olm -1 i i 1 t I { ± r}:mr.yv,~}g}yr\,?.y~LHr:Cyyw`.pr~ryryryny\y'{gqSy~2}{,4yy,+~~,\u..+v},y:yy.~~,g}gy.L. ,..}?..ry;:t4Av~'yp }q ~nf gy~gX..~C`9n`\`:yiN{y:rp'c:\'.:::yy':{tr~x}C y\yv.~vyyv+'r]~my, ~Y .F~ Z.L~t'~::~"RiW&kESbai; ~r~.F?:'2~W1~8o2~.•RdFe fA:~~` ~iCWb,u'Tw.,a6M„b,~~ `~'ssr+W: f . .:\Nry, .,....,...x n...., nw.:..n..;C\-x w,...v. x:: \{•..,,......n..-. n........: r ti..,..... _ <jv~,..~r;,:.sp'}:,>ti:\,vy:.y ynrrr:OrJ:£r:a:;yry%C,S?vy:4rrv.\,:ggp.:::~vr~v..•r. ~:;}2.\vxy~\Y{:t\~rqy:.::}:'::»Aq`.s:;;.Vrir..,~,vQMy}.l'^?hg:;iKS:Mpr~^:•p{1.yv,Mrpy~..~~p~ $.•48~-`+' \~,t ~PW~"4i• to rv~~t~'h T^F4~ +MR~'AWriF `;,'4!:",4', SL', i "tl "4s:^.::>S&"1a:tta~& GL€"";Zwls&,":`.x'":4:f M.a°~•<at'.'3`. ` .{..:..r .r~ .....:..:}:,'t•::-:;.:t•ta.r:r::..';}:.rr',,:.:;:.rr:;•t-.r:+•^:.«;•:ttt,;.:t::..;; r Y3i14 -f-pp.r::. A.6i:Sv~.'Siilx, .R,~. :::,➢ir~:'+ 'G.RAr.r:4F +V ~ ~~.:m: ..//yy~}.~~•~'-: ,p~7 ~.y.. J~{{..~~: ..::...$$yy.. 2 ~~ii ~~y pM~y~ qv p. ~~1•y~,yyg iMWi4P4§4'4a9'BA:i. W!«MW a" ++#~:::?,!4G W.R-+^:`{... FT: T."~41-~•~•~M.. i. } F t:: . ^ x, x xxi . rqg [yq~ !g.` •{~..py b+...v:: "q"y"i;:'i":yam. M?.~. Y}bf.,. as•:i ;:1*"v~.7,•47 R py,,,,. J E .:Ltit.r::::rxt;:.a~%::,•.tauaav;,~ri:.}}::nGr}nc"}i'::...6rx::LS :..w»::nr:'~•,{.-ti^.:?Y:^::r,.j:r.;:t. ~J+vn:.ry}'iM.`Y-:N rt^22,: /1,.:5ri:^:i.::: :^•~,vt.: r}:4rrv„y::.v MR M. P2?~::~«&s":>tsc"t" :,.:..:".:n <s>:ar.... x..~.:.~::.:,".::.rr,-.,ssoz•:<:::.::'>';:~ez~:;z:r:rrs;..r:::}::r... ~.:r::a:.. •»}':..:^.;~:-.r:a•..r::.: 'a. ~ ~ :.:+r:::or:: or:.. i:.r;:: ~"::::at•.r:::;<"::}'r: Ain* VIM C. t. } <><:'<:::~:,':.<::;:~{.rrrr.. o:;%°: .err , FINAL ORDER-SDR 94-19/PDR 94-02/SLR 94-04-TRI-COUNTY j ` PAGE 17 a PDX1-164410.2 24056 3001 r. 1 I 7 i J 3 i 3 t,,O3'SMI:=itwc yeS r ~z > ' e«kge.°' k 1i3 a F:8,3 b y °'g~'.f:F' . fi r i 8. z ~L&Xs 4~ ~t to 3 4 dRw' S~pR4.P-Pwp~~~yiy~~1i~~~~k ^P'4~Ftp~*r~4b C~y~e,yip.,~.~ySP`ieA~,q~Wy4~~y.$'±i!+..y{tip,{p4~4~ p ~u 1+ 4+,. +rafM1rr ~ MrS? ka+a....... bA Li.~~e J~ae.Mr~~~874F ~£tGk ~4 6P~nM6Ii9~4dFCm~a :ls~..,s.~ i~,d~Yii id 4~~G&;i>n FINAL ORDER-,S.,tD.R 94-19/PLDIR 94-02/SLR 9,1-04-T I -itaUNTY PAGE 3.8 P5k1-164410.2 24056 OGG] 02m, ~~tP4- 51h) XeO~ 'C"o-m-'ro It'd lhr"d k'MG j✓,.. rc`J .fi.+~a.~a C'{.A~' ~.ak4 ~..;9 . c C~ L E Ctc l k~ ~e t, a . C3t1 4 k ry r~ Off' J § r C3 e tw3 ' i. net: ,-0 ~ k [ yti.5y "S.f+~b.i. L ~ ri n+` L ~4i+~ p sy ~y pp« . ~~iyy , i~~.01 41^` ~ t ~iT L11 ~34a.L1»w Y~~~ ~.~.ri.2~S 3 r2 -...',RG ile'~~ik to i:R ~BJ.L& Y✓+Ja'~h,'~w~"~. w.. " 1 "P H6, 2 I _ i,- RO'd i 2 ki~ oECY t F}w~9k Ci i1.L3. LS S3 S4 e, as Clot s * x ? ~ F t:LJ '.ll~s+"z~awc.Gdt3d. a~: rx ,Pax<c«a: M...- V. 4a~hnlC~. 1 u S~L 2 r4e"lertib a 1~.rL'. 13 i sa R 1 . y pp y $ y d~7d - 1. _ .Y„t ~ ,n2 l P.. yJ c' fi' } lY 'L'Laa et r-. av .1r :S T or ul?.if. tab!.5.; - { 5~_A 4:-: n]K !0!1 Imo. S. ~?.r r."b L,I. MiS.£-.dAn~4.L/` -Iwo. Y t`f!:3 ..1\. ot': and FINAL ORD::TR°-SDR 94-19/PDR 94-02/SLR 94--01-1-TRI--Cf7t NTY j f T3 PAGE 19 i 9 i t i S 1 i i S s, ♦s-q~ij~.r~ W4'~ y~ t LtO'~t'F ~°»C+NC+.3L ~~~c~`,r.+~~~z~..&; $ 7; t77 s~3f ~kma tho o": a 3 all v t to-> 4 ~.~.,y..Q.. Am„ 3t GK s -s i : 1 i ,I L .L 1 i. i 1 ,'w11. 1 ~ ♦ aa, All f...,.,,- f i, MISR 09 Mpg j ' ~'Ki~' ~ v1;:,,.`3S.~tL~+~ ~'~"~aYSk.~ :~~~~:c~€'S:'~:~a< ? - rwwd uJ wFnr~UrCTi~C ' • - d.`1 ssti; he _ ;~4 CYO _ thins r.. z "io 3 r FIN IL ORDER-SDR 94-19; PDR 94-02/SLR 94-04-TRI-COUNTY ~ PAGE 2? I PDX1- 644100 2 24056 0001 j € t s i b `'\e@r.F' j ~47~ ~'~t i i ST, 6 % # ~ y~yyy p ~ V dR Y SM g,,~~ G • ~i = e5:.5 ~ - #e ~~~detr4 t t ~ q w ~,w • ~y bb SSM M NE., i I 1 PPIAR io, 0,14 4,T a, IL I i k F! E r' F I _ i4.21' 7 A-0 ARAVI E: . y PR :co t - i. -:i - - I. Us x . f ' R-A WIMA - , -i 1 to s, h. lit l I jot t - f •S F. J.3 9j. :3.. `•NUl 4ub~W k.. •.w.fi. ~~Y .Sc a1r~ w , g. ~J ~GdZ~ S~•- 7 ~~e Pl ~~r,ti. Y~43~~;.,A F~sJy'~` ~Z-~~. Sk~~a•'P~ ~.~d. FINAL ®RBER°SDR 94-19/PDR 9•1-02/STR 9, °-04- RI-COTJIITY i PAGE 23 MI-16"10.2 24056 OCO1 FINAL ORDER-SDR 94-29/PDR 94-02/SLr-, 94-04-TRI-COUNTY -PAGE 24 PD (1"9E~leSC.1 2-045 O"Ot r 1 f - I cola m! lv~i-cav` into a G i 10 a"A t" stre F i c 2. Access Driveway access to the site is generally acceptably: as noted in the comments from the Engineering Division. Additional study will be required to ,j develop a suitable design for the driveways on SW 72nd Avenue. Access for pedestrians and 'bicyclists - to the site is provided by existing or proposed sidewalks and bicycle lanes on SW 'Dartmouth' Street. 3. Cl earin_ci and Site Grading The applicant proposes a significant amount of grading and filling that would completely transform ry the site. T~ h gd will raise the level of the t western half of the property to 'reduce. the driveway and parking lot grades in an east-west direction across the site. Having a direct, east-west, driveway access between Pad A and SW 72nd Avenue appears to be 'part 'of the motivation behind the i 1 grading plan. This is the primary; reason that none of the significant trees on the site are proposed to be FIN.kL ORDER-SDR 94-19/PDR 94-02/SLP, 94-04-TRI-COUT TTY PAGE 25 -i -i PDX1-1t-410.2 24056 0-01 i saved (except for a few that may be saved in the northeast corner of the site). l Though the !iCd' standards may permit this type of site modification, the Planned Development provisions of the Community Development Code encourage the retention of existing trees and topography. &e -1m Tc,'d 18.80.120 A. 3.- a. (i) states: E' he streets, buildings, and other site elements shall be designed and located to preserve the existing trees, topography, and natural t drainage to the greatest degree possible' F tr~°,ic~tyC+`L`aS3 rE o (V) stateS " ATrees.with a, six inch caliper measured at four feet in height from around level, shall he saved where j possibleeg FINAL ORDER-SDR 94-19/PDR 94-02/SLR 94-04-TRI-COUNTY PAGE 26 FOX1-16+410.2 24056 0001 lee cE.►-~°t~~-j ~'fr2L--~i~ii~'^rtrr~ra?~?~-'p-x,.ca- attdo~r~ s a UM" a ,i 4. P ~~l Of the 3-;r A6 ~ ,4 parking spaces proposed, only 857 are required 'kiy the b using the "general retail salesP6 category, which requires one space for every 400 square `feet of building area. The actual parking requirement may be slightly different if some of the development is partially devoted to ~-Y and drinking establishments=- ¢1 spacej50 sq. ft. of dining area) or R~.~ >'~i38tG , insurance and real estate=4,5O sq. Ft. of floor area) for example. Because of the nature of retail business, it is recognized that exceeding code requirements necessary to accommodate the customers during peak business periods. Parkincr 4 Required Parking spaces FINAL O ER-SDR PAGE 27 ?D91-164410.2 24056 0001 94-19/PDR 94-02/Sa1R'. 94-04-TRI-COUNTY 0 ~$i~$` a#`a..mero ~.AC~ &.t:, --0..: s en . «e w m+ - e+ r z ~:°c 1.•;. Handicapped Parking The handicapped parking spaces are appropriately located in front of proposed building entrances. Preferential Parking The site plan shows preferential parking spaces located next to the handicapped spaces. C9CM v. D4 Section 18.106.020 W. requires preferential p eking,spaces for vanpools(carpools when the amount of O t il, g. Rparking spaces exceeds 20._The long term spaces in this case would refer to employes working in the development. Though the applicant has shown these preferential spaces 'hear building entrances, it is not necessary that they be -x~~c~bs~~sea 3 -:rill located. in this way. zlf9iers cr-s- ~ _ ~'4,~~'^S?~.~?.aP. "~..~r":r a'~:• a-•°-~ a.~°-"C3?'C. c'-ki{f_!' In the final site design, the applicant should indicate the number os employee parking spaces and their location in the project. Of these spaces, five percent are required to be the preferential variety which provide the best access to the building in which the employees will work. If the applicant is attempting to meet the five percent; requirement for employees, the proposed 68 preferential spaces are adequate for 1,360 employees. obviously, in the final site design, the number of preferential spaces may be reduced substantially. FINAL ORDER-SOR 94-7.9/PDR 9;4°-02/SLR 94-04--TRI--COUNTY P'-GE 28 F-Dn1-10,410.2 24056 OC01 - the dls~ 0 out h i Bicycle:- -parking The applicant does not indicate the number or location of bicycle parking spaces for the a project. Section 18.106.020 0. requires 1 bicycle space for every 15 required vehicle spaces. The bicycle parking is required to be located within 50 feet of the primary building entrance. The plan should be amended to include a minimum of 58 bicycle parking spaces as required by the C-C and to distribute the --bicycle parking throii4H6ut the site so that it is easy to see and use by customers and i employees. Where possible, these spaces should be located under a building canopy or eaves. Employee bicycle parking can be provided indoors if a specific area is designated for this use. s 5. 1,oadi na t-,.q T, 18.106.080 ~ -,--'ace eB- contains leading space.iequ rements for 'industrial and commercial buildings that are intended to ..."receive and distribute material or `merchandise by truck.. requires ?:ommercial buildings which are greatar than 10,000 Square 'feet to have a minimum of one loading space. There is no specific requirement for 'uses that will only receive' material by truck. Depending upon the i ultimate use of the pads on the site, loading spaces may or may not be required by the E98 F'or" example, `a restaurant, which only receives truck deliveries, would not need a loading 'space while a furniture store, which receives and delivers merchandise by truck, would be required to have at least one loading space. It appears likely that Pan A will have one or more leading spaces to accommodate such a large general retail use. The site plan shows a loading area on the south side of Pad A-, but ~s net , FINAL ORDER-SDR 94-19/PDR 94-02 jSF,R 9=,-04--TAI-COUNTY PAGE 29 P0x1-16"10,2 24056 0001 i In addition to these general standards, screening and buffering are important because of the extent of the grading, vegetation removal, and the scale' of the project. A building and parking area of the size %F18.80.120 sed can have a very imposing presence. a A- 4. requires that thought be given to screening of buildings, rooftop equipment, parking lots, and loading areas. In order to provide improved visual screening, the following items should be included in the final land-scarping plan:' - The specific number and location of the landscaping inaterria.ls, including existinr, trees to be saved. - A minimun, -0 foot wide landscaped suffer strip along the entire southern boundary of the project which is in addition to all paved :surfaces such as sidewalks Landscaped islands with trees that have mature heights equal to or greater than the height of the building on pad A un the east, north, and south sides of the building. Also, a landscaped area for shrubs, etc. `should be provided on the east and north building facets . These features FI1MA:L ORDER-SDR 94-19s PDR 94--02/SLR 94--04-TRI--C --COUNTY PAGE 30 Fax1-164410.2 24056 0001 are intended to soften the mass of the building, help screen rooftop equipment, and help focus attention toward the entrance and wall signs. X plan for the parking lot trees that will provide a canopy when they mature. The canopy should 911% cover 35 percent of the parking area when the"Frees reach mature size. The view corridors for signs should be identified by the applicant so that the trees selected provide the maximum amount of screening while allowing visual access to the wall signs after the trees mature. 7 Noise iLm acts A noise study has been submitted which describes the background noise on the site and the potential noise impacts caused by the proposed development. The ef~ study also indicates possible mitigation mea surei ~Yi2it can- be takes to reduce ' noise impacts to surrounding properties. In addition to the noise impacts considered in the report, there are a number of noise issues that can cause compatibility problems e=ven if the noise does not exceed State Department of Environmental Quality (DEQ) or city noise standards. Such sources of noise include vehicles, HVAC and refrigeration units, parking lot sweepers, employee activity, and garbage collection. it order to reduce the potential for noise impacts on the residencies to the south, the following amendments should be made to the site plan: - dove the loading space(s) to the west side of Pad A or the reasons indicated above. Regardless of the buffering that is provided, trucks and related activities will 'cause noire that will be problematic for the neighbors. FIN"~. ORDER-SDR 94-19/Pc7R 94-02/SLR 94-04-TRI-COUZiTY P.'.G F' 31 FDNI-1Y..490.2 24056 0M 1 - Sound walls should be provided which are a rminimum of 8 feet tall and constructed of material, as described in the noise study, to have a meaningful reduction of noise levels. t a All ancillary equipment such as HVAC units, generators, refrigeration units, and trash j receptacles and compactors, should first-be 1{ located so as to minimize the potential for noise impacts. This equipment should generally be located as far away from the south property i:. line as possible and placed behind buildings and/or sound walls. Second, the specific design f and noise buffering methods for the equipment should be evaluated during the building permit process to ensure compatibility with neighboring properties. i+ S.- 1jetl.ands As indicated above, the applicant has applied to the Division of State Lands $ 5 to move the existing ~ drainage clay to the north and the replace a, portion of the wetland with a h3~3ak1 G wetland near Cook Fork. ~sur acre on ci i3 poet d €s. t T « 5 a ` tG: Ti 2 t t f v Sensitive Lancls chapter ' of""thre C- CD€ applies to the %proposed relocation/filling of mizcl of the drainage way and wetlands found on the site. r C d`18.84.040 C. and D. contain approval j criteria that apply to this applications The " criteria which apply to environmental impacts and water flow capacity will be addressed by the ta, and the Engineering te-Lamds Division. Thes-e ? r3r~ two ~~+o 6 Tcpc sections also state t at landform alterations in drainage way and wetland areas should =rrozc create site disturbances to the extent greater than that required for the use. . °R As mentioned above, the grading plan which requires the relocation and filling of these areas as well as the removal of virtually all trees on the site, does' not appear to meet this criterion. FINAL ORDER-SDR 94-19/PDR 94°02/SU 94-04-iRI-COUNTY PAGE 32 POXI-564414,2 24056 0001 i , a . 'j i i i 7 ~~y C. RECOMMENDATIONS >€~3pv SDR 94-- The 0019, PDR 94-0002, and SLR 94-000 ~ su~aject"ta'"tT~e ~~YX'ow3ng conditions. Unless otherwise noted, all conditions shall be satisfied prior to issuance of building permits. OR TO THE ISSUANCE tOF ' A BUILDING PERMIT THE Ff)L7LOPIING CONDITIONS SHAM., BE SATISFIED OR FINANCIALLY SEQL EI) 1. Additional right-of-way shall be dedicated to the Pebl-le along the SW Dartmouth Street frontage to increase t'he right-of-way to a minimum of 48 feet from centerline, between the westerly property line and Driveway "A", and 59 feet from centerline, between Driveway "B" and SW 72nd Avenue, with appropriate transitions between Driveways "All and "B". The.description shall be tied to the existing .right-of-way centerline. The dedication document shall be on City forms. instructions are a:;a.ila ble from the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department. 2. Additional right-of-way shall be dedicated to the ' e along the SW 72nd Avenue frontage to increase the right-of-way to 41 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City corms. Instructions are available from the Engineering Department. STAFF CONTACT John Hagman, Engineering Department. 3. Standard half-street improvements, including concrete sidewa.1k, driveway apron, curb, reinforced' Portland cement concrete pavement, storm drainage, streetlights', and underground utilities shall be installed along the SW Dartmouth Street frontage to widen the pavement to 45 feet from centerline between Driveway P°B" and SW 72nd avenue, as measured. to the curb face, consistent with the recommendations of the traffic reports, to an alignment approved by the Engineering Department. STAF'F CONTACTMichael Anderson, Engineering Department. 4. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer,. Stormdrainage, streetlights, and underground utilities shall be installed along the SW 72nd Avenue frontage to widen the pavement to 33 feet from centerline on the westerly side of the street. Depending on the width of the existing pavement, widening on the easterly side of the right-of-way may be required to FINAL ORDER-SDR 94- 9/PDR 94-02/SLR 94-04-TRI--COUNTS PACE 3.3 Rq`d7-1S4%a10-~ ?4Gi6 0401 a. j { provide for the northbound left-turn pocket as recommended in the traffic report. Improvements.shall be designed and constructed to major collector street standards consistent °i with the recommendations of the traffic reports, and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the i Engineering Department. STAFF CONTACT: Michael Anderson, r Engineering Department. f 5. The applicant shall prepare a striping plan for SW i Dartmouth Street to be installed with the new construction a for approval of the City Engineer. STAFF CONTACT: Michael Anderson, Engineering' Department. j 6. Additional right-of-way and street improvements shall be - s provided in Sod Dartmouth Street to provide for the transition as shown in Figure 2 of the September 26, 1994 letter from Kittelson & Associates. STAFF CONTACT: t., _ nr3 L. cxeaawscs.~vasA_c' song .y ,r..~+r-..-.--~ :'..ng r'eer ng Department. 1RSt~dd6aaG1 - - 7. The applicant shall install a traffic signal at the intersection of SW Dartmouth Street and SW 72nd Avenue in accordance with City Standards and as approved by the city r Engineer, or provide for the signal installation work to E be assumed by an LID, STAFF CONTACT: Michael Anderson, Engineering Department. S. The applicant shall install conduit along SW Dartmouth j Street between the intersection of SW 72nd Avenue and Driveway "All to provide for the future: hard wiring of the ' traffic signals to provide direct interconnection and operation control. STAFF CONTACT: Michael Anderson, ~ Eagi iieering Department. , 'j 9. The intersection of SW Dartmouth Street and 99W shall be revised to allow left turns from the existing through traffic lane, as recommended in the 'applicants traffic I report. The applicant shall participate in work assumed ; under an LID. STAFF CONTACT: Michael iz%nderson, Engineering Department. i 30. A final grading plan shall be submitted showing the existing and proposed contours. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Chapter 70 of the Uniform Building Code. STAFF CONTACT: Michael Anderson, Engineering Department. 11. The applicant shall provide an on-s-itea (-iater quality facility as astablissned under the guidelines of Unified i FINAL ORDER-SDR 9 4--? 9/PDT 94--02/STR 94-04-TRI=-COITAITY ,.a PAGE 34 F0X1-14-4410.2 24053 0001 1 { i- Sewerage Agency Resolution and Order No. 91-47. The water quality`faci'lity shall be designed to comply - with all USA standards and the plan shall indicate that „ the facility is to be maintained by the property owner. STAFF CONTACT: Greg Berry, Engineering Department. 12. The applicant shall submit a final hydrology and hydraulic, v study for the new-on-site storm drain system and provide an underground system for the .25 year flow to the Red Rock Creek, and provisions for the overflow conditions of the 100 year flow. STAFF CONTACT: Greg Berry, Engineering f_ Department. 13. The applicant shall obtain a joint permit freirm the US Army Corps of Engineers and 94N m.~ ; &nd-e DSI; for construction in the wetland area p v STAFF CONTACT: Greg Berry, Engineering Department. 9 14. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for _ ? preliminary review to the Engineering Department. Seven 7 (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings f.-,., required by the Building Division and should only, include i sheets relevant to public improvements. STAFF CONTACT: John Flagman, Engineering Department. 15. The applican . shall make an, appointment for ~ pre construction meeting with the City of Tigard Engineering Department after approval of thepublic improvement plans but before starting work on the site. The applicant, the applicant's engineer and contractor shall be required to attend this melting prior to receiving the approved plans and permits. STAFF CONTACT: Michael Anderson, Engineering Department. _ 16. The applicant shall provide a construction vehicle access and parking plan for approval by the City' Engineer. All construction vehicle' parking' shall be provided on-site. No construction vehicles or `equipment will be permitted to park on the adjoining public streets. Construction vehicles include the vehicles of any contractor or, subcontractor involved. in the construction of the site improvements or buildings proposed by this application, and shall: include the vehicles of all suppliers and employees associated with the project. FINAL ORDER-SDR 94-7.9/.PDR 94--02/SLR 94-04-TRS-°CoUkIT i) PAGE 35 Fnsz9-~~~~o.z ~3csb acm i . `3 17. Construction of the proposed public improvements and issuance of Building Permits shall not commence until after the Engineering Department has reviewed and approved _ the public improvements plans, a street opening permit or construction compliance agreements has been executed, execution of a developer-engineer agreement and payment of ' i all permit fees. A 100 percent performance assurance or letter of commitment is required. STAFF CONTACT: Michael j Anderson, Engineering Department. 1€3. An erosion control plan shall be provided and shall conform to "Erosion Control. Plans-Technical Guidance Handbook, November 1989.11 STAFF CONTACT: Greg Berry, Engineering Department.. 19. The applicant shall obtain a "Joint Permit" from the City of Tigard. This permit shall meet the requirements of NPDES and.Tualatin Basin Erosion Control Program. 20. The applicant shall construct the sewer main in SCI 72nd Avenue on the westerly side of the street, within the area to be widened, to provide the necessary health Department required separation from the existing 86" trunk water main. The cost of this work may be assumed under a ' reimbursement agreement. The applicant may also provide an acceptable alternative design option to the a > satisfaction of the City: Engineer. STAFF CONTACT: Michael o n n D ,Anders n., E gi eering epartment. 21. Demolition oermits must be obtained from the Building Division prior to the removal of any s:.ructuras on the site. STAFF CONTACT; David 'Scott, ' Building Division. 22. All existing underground utilities shall be realov_d during site work operations. :i3AsF GCaIdTACT, David Scott, Building Division. 23. An agreement shall be executed, on forms provided by the city, which waives the property owner's right to oppose or remonstrate against the future local improvement district formed to install a traffic signal or otherwise improve SW Dartmouth Street.' STAFF CONTACT: Michael Anderson, Engineering Department. 24. The applicant shall provide, as a minimum, a 25 foot buffer which meets the requirements of Section 6.08.3, of USA Resolution and Order No. 91-47. STAFF CONTACT: Michaal Anderson, Engineering Department`. F FINAL ORDER-SDP; 94-19 f PDR 94-021/SLR 94-04 °Tc 1-COON- Y PAGE 36 PDX1-764410.2 24055 0009 1 i s 25. Revised site, grading, and landscaping plans, which contain the fallowing elements shall be submitted for Planning Director approval: A. Raised crosswalks shall be used to delineate all pedestrian crossings. 'B'. Sidewalks and walkways'on the site will have a minimum amount of usable width of pight feet, with cars parked up to the curb tide tta` e slrx t:'txan`'Oey N.,:.. C. Fifty-eight bicycle parking spaces shall be provided and distributed throughout the site so that they are easy to see and use by customers and employees. At least half of the required spaces shall be located within 50 feet of building entrances, ' under the building canopy. Employee bicycle parking can be proviae.a indoors if an area is designated for this use. The bicycle rack design shall also be submitted for approval. D. Street trees shall be provided along the SW 72nd Avenue and SW Dartmouth Street frontages. The SW Dartmouth Street tree plan shall be consistent with the '$Landscape Development Standards for Dartmouth Street Extension". dated October 1, S92. i E. Landscapers islands shall be provided with trees that have mat ura heights over 30 feet rear the east- 'a kG nr~rtn, sides of Rid A. F. Parking lot -trees will be provided to create a canopy that covers a minimum of 35 percent of the `parking area when they mature. The view corridors for signs j shall be identified by the applicant spa that the trees selected provide the maximum amount of screening while allowing visual access to the wall signs after he trees :nature. the >'£"f Jam. retain: i perimeter of the project. nail be provicieci aio walls located on the H. Plantings near driveway entrances shall meet visual clearance standards. FINAL ORDER- DR 94-ig/PDR 94°02/SLR? 94-04--TRI°-C©i.TNTY PAGE 37 POM -16"10.2 24056 0031 a 1. In order to help compensate for the visual ti the grading and tree removal, the Director 9 place a 3 inch minimum size requirement on replacement trees in 'specific locations to the desired level of screening. impact of may §AW A J. Buffering between the project and adjacent residential uses to south shall include an eight foot high, eel-ird ~3 ca2 wall which meets the specifications noted in the applicants noise study and supplemental letter dated October 11, 1994 smitted by VGO, Inc INa ~ *,n adc K. The lighting plan for the entire site shall be reviewed and approved by the Planning Director. The plan shall provide adequate lighting for the project 'j while not causing light and glare to affect adjoining properties. L. The applicant shall prepare an impact study which addresses the fair share of the construction of a pedestrian pathway. Based on the impact study the v .1 .t~~ applicant shall pr:v pay into an escrow account with funds c3eriicatec~ for construction of a pedestrian pathway from SW Dartmouth Street to the southern property line. The amount of the deposit shall be based upon the fair 'share of present day improvement cost estimates for a 10-foot pride: paved pathway. if the pathway, is not constructed within five years, the n -nem shall be refunded to the tip "a3.L:atc71 C7 r laC1f?SC, F'd 'a C"c 14 -"W. 1 fit' ! 0V: L{ FINAL ORDER -SDR 9 4--1 9; PDk 94-02/SLR 94-04-TRI-COUIITY { PAGE 38 .r Maxi-16.1410.2 21,056 001 i STIFF CONTACT: Mark Roberts, Planning- Division. C` «z, L}"~Sif'S ~t$ T7 is G~ 5a Ya (^CE 3 C1uId i - J ~ ' sa tY\ \ O WA u " d + a7i~ s CF3s~ \ \\h\\\ r, Eva ,i 7 IN ADDICTION THE Ak'MICANT SHOULD BE AWARE OF THE FOLLOWING SECTION a OF THE COMMUNITY DEVELOPMENT CODE: THIS IS NOT AN EXCLUSIVE LIST 1. SECTION 18.120.060 BONDING AND ASSURANCES A. on all projects where public, improvements are required the Director shall: 1. 'Recr:ire a bond in an --olant not areater than 100 percent of other adequate assurances as a condition of approval of the site development plan in order to ensure the completed project is in conformance with the approved plan; and 2. Approve and release such boards. D3 The bond shall be release when the Director finds the completed project conforms to the approved: site development- plan and all conditions of approval are satisfied. 2. SECTION 16. 3.64 STREET AND UTILITY IMPROVEMENT STANDARDS. Section 18.164.180 Notice to Cite Required Work shall not begin until the City, has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the city is notified t D3 rO717C1x0I0i7 k"I.Iv d, ORDER-SDR 94-19/PDR 94-02/S.LP 94-04®TRI-COUNTY PAGE 39 EDx1-164410.2 24056 0001 i i PASd3 a `'x`11 day r A L a by the of the ditk W Tigard. r Y via i 3 ~ i ~ k E f f i - j f E w t "i. gSS37rE~~!`1~Y~` fiY sst "I NAL ORDER-SDR 91-19/PDR 94-°02/SLR 4-04--'.SRI--COCTUTY f t i 171 PAGE 40 j i i i tea PDx5-164410.2 24056 0001 EXHIBIT A FINDINGS . CONCLUSIONS i The applicant has presented a report for the Tri-County Center that provides information about the center and how..it conforms with the applicable ede "ACM previsions. This report also includes an environmental analysis prepared by j ASCG.Incorporated. A separate traffic study prepared by, 3 Kittelson and Associates and a noise study prepared by VGO, Inc., were also submitted as part of the application. These documents are referred to as the "applicant's statement/ below. The relevant T provisions are 3 found in Chapters 18.62, 18.80, 18.84, 18.90, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150,18.164, and the Transportation Planning Rule ___c4ren OAR 660-12--045 The proposal, as modified by the staff recommendations, complies with these criteria as described below. 1. Chapter 18.62 General Commercial District Section: 18.62.030 is satisfied because the proposed general i retail sales activity is permitted in the C-G zone. 2. Chatater_18.8Q_ Planned DeveloDment The majority of the appLova criteria in this chapter refer to other portions of the eede 'Rji,"' which are addressed elsewhere in this report. The criteria that require' an amendment of the proposal relate to tree preservation and screening 18. 80.120 A. 3.). The nature of the development will reqa substantial amount of tree removal. Once additional trees are preserved or planted as recommenced in the staff resort, these criteria will be satisfied. 3. Ch t ? L8.84 Sena;* e hands With the amendment of the grading plan to reduce the amount of landform alteration on the western portion of the site and the approval of the and the Engineering Division, the proposal will meet the applicable criteria in tales T CDC 18 - 84 .040 C. ad D. FINAL ORDER-SDI 94-•19/PDR 94-02/SL,R 94-04-TRI-CoMiT PAGE 41 p4X1-161,410.2 24056 0001 _ `i _ P 4, Chalster 1£3 90 Environmental Perfo ante Standards Provided the lighting plan, amendment to the site plan, and the t noise buffering required by the decision are implemented, this chapter of the CDC is satisfied. r Chapter 1~3.-96 Additional Yaxd Setback Aecuirements and Exceptions ` a This chapter is satisfied because the development provides the i' required setbacks from SW 72nd Avenue and SW Dartmouth Street. r t a 6. Chapter 18.100 Landscaping and Screen=q E 7 The proposed landscaping meets the general G-ede itc requirements. Additional landscaping details to assure ale comaliance, street trees along SW att , and'iscreening (as described in the conditions of Ippiroval)...mixst be provided to satisfy this chapter. 7. Chanter 18.102 Visual Clearance Areas Compliance with the provisions of this chapter must be confirmed during the review and approval of the final landscaping plan. The conceptual plan indicates that trees and - other plantings will be located in vision clearance areas. The size and 'species of these plantings must be selected and placed in a mariner the provides. adequate visibility at the driveway' { 1 entrances. F 8. G;3n~_ra~H._3.il~> Qif-iYP_^ parking eind~t_?zrlt G-ea ieri 1'1, 18.106.030 requires one parking space -for every 400 square feet of general retail floor area. This yialds a parking requirement of 857 spaces. The site plan shows a total of 1,546 spaces. Si n T 13.106.020 p. requires one bicycle parking space for even ..15 required vehicle parking spaces. A total of 58 bicycle parking spaces are required, and these will be shown in - 1 the final site plan. ~r The dimensional standards outlined in n 'MC C: 13.106.050 are satisfied. G'abseetleft T. Dl' 18.106.050 J. states that + to off-street parking and loading access drives `from 'the stree~ areas "provide maximum safety for pedestrian and vehicular traffic... a' The proposed plan will satisfy this criterion. F FINAL ORDER-SDIZ 94-19/PDR 94--02/SLR 34--04-TRI -COUNTY PAGE 42 M91-1E- ,10.2 24056 0001 if mAm k - 1 e' i j .l. 9. C aDter 18.108 Access. Xc1rMe_ssand Circulation The proposed access driveways meet the requirements of this chapter. Also, the driveway locations are consistent with the access plan for SW Dartmouth Street. aC. der 18 111 6'A_gx Signs will be reviewed through the appropriate process at a later time. f 11. CYa Dter 18.120 Site Development Review As in the Planned Development chapter, this chapter calls for the protection of existing trees S tt-tea , ~a ~ tee` ~ 18.120.180 A. 2. a.). The existing sate jJIa n as ad this issue. It is acknowledged that the majority o°t4ie gees on the site must be removed to develop the property as it is designated in the Comprehensive Plan. ep--}wa3~pea -r 12. Chanter 19.150 'Free Removal in order to satisfy the criteria in Section 18.150.030, she applicant roust show how reasonable efforts are being made to preserve trees on the site. In addition, to help compensate for the visual impact of the trees removed,' the applicant brill be required plant trees of an appropriate number and size as part of the development. 13. i_,baoter 18.164 Street and EJtxJ t~ Im i.ovement Standard Providing improved linkages to transit are. required by Section 18.120.080 A. 12. and"the`Transportation Planning Rule. The amendments ser_orended in this report will comply with -this section. 3 FINN L ORDER-SDR 94-19 JRDR 94--02/SLR 94-04-TRI-COIZITu PAGE 44 FOXI-164410.2 24066 0001 is y C COMPARISON OF FOOTERS -FOOTER 1- PDX3 ' a 24056 00101 -FOOTER -a 2.1- FINAL ORD -SDR 94-19/PDR 94-02/SLR 94-04-TRI-COUNTY PAGE: # 19 AGENDA ITEM # For Agenda of March 28, 1995 3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Sneed bump polices PREPARED BY: R. woolen DEPT HEAD OK CITY ADMIN OK &V)f ISSUE BEFORE THE COUNCIL Speed bump policy. STAFF RECOMMENDATION By motion, approve the attached Speed Bump Policy for the 1995 trial speed bump program. INFORMATION SUMMARY At the meeting of February 21, 1995, the Council reviewed staff proposals for a trial program of installation of speed bumps on City streets. At that ,,meeting, the Council decided to ask each CIT to nominate a street for the trial program. There is tentatively funding for installation of the speed bumps on three or four streets in 1995. Subsequently, all four CITs have 1 scheduled discussion of the speed bump program for their April meeting, at the same time as their review of the capital improvement program. To provide some guidance to the CITs, staff is asking that the Council adopt a basic policy statement regarding the types of streets to be considered for speed bumps, the types of bumps, that are being considered and the requirements for neighborhood approval. The attached policy statement is the, same as the one reviewed by Council in February, exc:ept,that ,the neighborhood approval criteria for removal of the bumps have been revised to reflect suggestions made by Councilor Rohlf. The revisions require a minimum trial period of at least six months and at least 510 of the households' agreeing before the bumps would be removed. a OTHER ALTERNATIVES CONSIDERED FISCAL NOTES The total cost of the trial program will depend on the length of the streets selected for. th.'1 program. Funding can be included in the capital improvement 'program update. Funding would likely be from the gas tax fund.' i PROPOSED SPEED 110W POLICY March 28, 1995 r j_ QUALIFYING STREETS E To be considered for the speed bump program in Tigard, a street must meet all of the following criteria: Speed: The posted speed shall be 30 mph or less. { The measured actual speed of vehicles using the street shall show an 85th percentile speed at least 5 mph over the posted speed. Classification: Speed bumps will be considered only on minor collector or local streets. The abutting land uses shall be primarily residential. The street shall not be a primary fire response route. r v The street shall have no more than one lane in each direction ~b for through traffic. Alignment: Bumps shall not be installed in locations with grades greater than 8 0 . Bumps shall not be installed in locations with horizontal curves with radius less than 300 feet. Diversion: 3 Bumps shall not be used if they are likely to cause a significant increase in the traffic volume on another street. Exceptions will be made if it can be shown that the diversion is a desirable impact (for example, diverting through traffic from a local street to an arterial). i 'r DESIGN STANDARDS Speed bumps shall be shaped in accordance with the standards j developed by the City of Portland (attached) The 14=foot `bump j shall be used on streets with posted speeds of 25 mph or less and T average traffic volumes less than 1,500 vehicles per day. The 22-- foot burro shall be used on streets with higher posted speeds or I a i higher traffic volumes and on streets designated as transit routes. Speed bumps shall be spaced at intervals of 300 to 500 feet. Speed bumps shall be located to avoid conflicts with driveways, drainage and utility access. Speed bumps shall be located to allow adequate advance signing. NEIGHBORHOOD APPROVAL Prior to approving the installation of speed bumps, the City must receive evidence that at least 60% of the households along the street support the installation of speed bumps. Support shall be determined by a mail ballot conducted by the City. After the bumps have been completed and in use for at least six ,t months, the residents may petition for removal. The bumps will be ' removed if at least 51% of the households along the street support the removal. f~ rw/bump-po,l j i I { 1 i i Speed Sump o~t;a~t i W260 1 $ 8' typical tz wt,srsAL- _._.!A _ street s u. tr~ 0 q. y g~ 65 Centona 1 Confer of Travel Lane r C+pfianal 5 t Section A PAWOLIC FLAT ,~--PAaAaotac _ - 3~ ~ a° r r r v r 6' 61 6' PAIABOUC St-CT90N a - 2' AUK CURB (`hIOTH ~II T.4F'Ei ai PortG~nd standard ~Clara d ml cr CJ¢u C mIz I TACK COAT J Curb Paton i i suREAv OF TRAFFIC W'A4sJu ENT CITY OF POF TlI Q, ~i?~+rQ~J MU OF -SrMQXD PLAN - ARTERIAL SUMP FOR PMPQOVC~ ED'S 1 s'a~Pft~YB[3 I o.PPacCDYEfJ u { }f~ 2 i ~ j. 6~. SFri~ $^8 Etds r A7[ - CJtilV ~twatIHR - DATE~~< ~....b 77 - '.1 Optional Sped Sump { (typical) ' ,DO° Dasirokate ~ 1 W260 12, Cold Fiaxtk Center of Travel Lane- Cold Plastic 7' 29' c - - SPrrot4 typiml8'°^f AL- _-JA°--~ C®nlorlinm I 501- Center of Trwo, Lane 1 W260 100' Daslra°ble Optional Section A. i 4 r r r r rj ` 7' y'--rte. i PARAD®I1C CROWN [ - _ Section 13-B ' i ! 2- MAX DTtt TAPER city of Portland standard CURS CIO= 0 mbc ar Claw C mbc YARIM FACT: I TACK CC3AT f . Curb Doiail i j CM' OF KDR17AI°iLD, OREGON BUREAU OF TRAFFIC MANAGEM MT TITLE OF STANDARD PLAN LOCAL BUMP FOR IMPROVED STREEM ' - ova serrsevv~o 1 TP2 NC ENGINEER SATE Ci; iL ENGINEER DATE ° i j i F: E F I C2 j AGENDA ITEM For Agenda of Parch 281995 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/ AGENDA TITLE _eZone Change Aranea ation_ ZCA 95-0001 PREPARED BY: Ray Val.one DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council re-adopt the resolution initiating a request to the Boundary commission to annex one parcel of land consisting of 1®.®7 acres located south of Walnut Street at the 116th Avenue intersection. r t STAFF RECOMMENDATION Re-adopt the resolution. INFORMATION SUMMARY Revolution 95-14, adopted by the council on March 14, 1995, was forwarded to the Boundary Commission as part of the annexation application. Upon review, Boundary Commission staff discovered that the resolution lacked the correct r citation of the Oregon Regulated Statute regarding the double majority method ~.f annexation. The attached resolution reflects the correct citation and format as requested by the Boundary Commission. OTHER ALTERNATIVES CONSIDERED F None. FISCAL NOTES None NO, i r ~w F