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City Council Packet - 09/28/1999 CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING SEPTEMBER 28,1999 COUNCIL MEETING WILL NOT BE TELEVISED hadmyolapW.doc 13125 3W Hail Blvd., Tigard, OR 97223 (503) 639-4171 MD (503) 6344-2772 'ReAsed on 9/23/99 CITY OF TIGARD 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. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. 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. Business agenda items can be heard in any order after 7:30 mm. 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SEE ATTACHED AGENDA COUNCIL AGENDA - SEPTEMBER 28,1999 - PAGE 1 rT IGARD CITY COUNCIL MEETING SEPTEMBER 281 1999 AGENDA 6:30 PM • STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go Into Executive Session under the provisions of ORS 192.660 (1) (d), (e), at (h) to discuss labor relations, real property transactions, current and pending litigation Issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any Information discussed during this session. 5 DISCUSSION: PHOTO, RADAR AND PHOTO RED LIGHT • Staff Information: Chief Ron Goodpaster > DISCUSSION: 79THAVENUE STREET IMPROVEMENTS 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 81 Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted In one motion without separate discussion: Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: July 20, 27 and August 10, 1999 3.2 Local Contract Review Board: a. Award Three-Year Printing Contract for the Cityscape to American Eagle Graphics b. Award Construction Contract for the SW 103rd Avenue Delmonte Drive Sanitary Sewer Extension • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion COUNCIL AGENDA - SEPTEMBER 28,1999 - PAGE 2 f •F 7:45 PM 4. CONSIDER FUNDING REQUEST BY THE TIGARD CENTRAL BUSINESS DISTRICT (TCBDA) TO CONTRACT FOR SERVICES WITH THE OREGON DOWNTOWN DEVELOPMENT ASSOCIATION .a. Staff Report: Community Development Staff b. Council Discussion and Consideration of Request 7:55 PM S. PUBLIC HEARING (QUASI-JUDICIAL): VACATION OF APPROXIMATELY 2,899 SQUARE-FOOT PORTION OF PUBLIC RIGHT OF WAY ON SW MAIN STREET NEAR THE INTERSECTION OF SW PACIFIC HIGHWAY a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony: Proponents, Opponents, Rebuttal e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 99-1(c, 8:10 PM 6. DISCUSSION: COUNTY VEHICLE REGISTRATION FEE Staff Report: City Administration Department 8:20 PM 7. COUNCIL LIAISON REPORTS 8:30 PM 8. NON AGENDA ITEMS 8:40 PM 9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), a (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 9:00 PM 10. ADJOURNMENT I: W D KCATFMCCA\990928. D0C COUNCIL AGENDA - SEPTEMBER 28,1999 - PAGE 3 Agenda Item No Meeting of j Ct TIGARD CITY COUNCIL, MEETING MINUTES - SEPTEMBER 28, 1999 • STUDY SESSION > Meeting was called to order at 6:36 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; City Recorder Catherine Wheatley; City Engineer Gus Duenas; Community Development Director Jim Hendryx; City Attorney Jim Coleman > AGENDA REVIEW o Washington Square Regional Task Force Public Bearing Mayor Nicoli mentioned the staff recommendation to split the public hearing on the Washington Square Regional Task Force report into two to three meetings. The Council discussed when to schedule the meetings. The Councilors agreed to schedule the staff report and consultant presentation for December 14, the public testimony for January 25, and the decision sometime in February. Mr. Hendryx noted that they would have to extend the consultant's contract, which expired at the end of the year. He suggested sending out a notice requesting written comments two weeks in advance in order to allow the Council suffici-nt time to review them. SW 79th Avenue Street Improvements Councilor Patton reported on the meetings she has had with Mr. Preston of the SW 79`h Avenue neighbors. She said that Mr. Preston conveyed two conditions that the Executive Committee wanted the City to meet before the neighborhood moved forward on the City's offer. She said that the Committee wanted the City to waive the non-remonstrance agreements so that they would not be an issue in the future, and to direct the consulting engineer to refrain from conducting any further LID studies until further notice. Councilor Patton indicated that she discussed the conditions with Councilor Moore and City Engineer Gus Duenas. She said that she clarified with Mr. Preston that the City did not have an open contract with the consulting engineer to do any further LID studies; the Council would have to vote any funding for future LID studies. She stated that both she and Councilor Moore had felt strongly that the Council would not consider any termination of the non-remonstrance agreements until such time as the City was assured that the SW 79°' Avenue improvements were funded and completed. She noted that she also told Mr. Preston that it was highly unlikely, if this project was not part of the Transportation Bond package, that this Council would do anything to tie the hands of a future Council. Councilor Patton described the scenario put forward by the Executive Committee expressing neighbors' concerns that a new Council might reconsider use of an LID to partially fund these improvements, even if the transportation bond passed. She observed that this group had a low level of host in either the City staff or the Council. She concurred with Councilor Moore that CIT '%.,r COUNCIL MEETING MINUTES - SEPTEMBER 28, 1999 - PAGE 1 the lack of trust might be more on the part of Mr. Preston than the rest of the neighbors. She mentioned that Mr. Preston has some personal reservations about the LID process. Councilor Moore mentioned that he was not certain that Mr. Preston spoke for the majority of those affected by the LID and the non-remonstrance agreements because the majority did not live on SW 79"' Avenue itself. He said that he thought that he might be speaking primarily for those living on SW 79"' Avenue. Councilor Scheckla commented that a neighbor who lived off of SW 79"' Avenue told him that *he had no confidence in the Council. Councilor Patton conceded that there was a significant level of anger in this situation. She said that she did talk with Mr. Preston about what types of assurances the Council could give, short of terminating the non-remonstrances. She asked if the City could convey, within the context of the bond language, the idea that the Council intended to fully fund this particular project through the bond measure. She asked if an assurance in the bond language was not possible, was there some other structural mechanism that they could use to provide that kind of assurance. She pointed out that these neighbors had no confidence that a new Council would carry out the intention of the previous Council. Councilor Patton stated that she also stressed to Mr. Preston that, even if the Council provided some kind of assurance, "all bets were off' if the bond measure did not pass. She said that she reiterated that this Council would not tie the hands of a future Council. She mentioned that Mr. Preston stated that he understood that. Councilor Patton said that she asked Mr. Preston how long it would take for the Executive Committee to conduct a balloting process for the entire area affected by a potential LID, not just the 79"' Avenue residents. She reported that he indicated that it would take approximately one week, and that he wanted the Councilors to review any draft ballot to ensure that the language reflected the Council's intentions. Councilor Patton mentioned Mr. Preston's comment that the Executive Committee was considering placing two initiative measures on the November 2000 ballot: to void the use of non-remonstrance agreements in general, and to change the submajority requirement to establish an LID currently existing in the City ordinance. She reiterated that Mr. Preston had an active interest in these two issues, and that she did not know if the other Executive Committee members raised these last two issues. Councilor Scheckla asked how many votes per household. Councilor Patton said that it would be one vote per property. Mayor Nicoli asked for Councilor Patton's and Moore's recommendation. Councilor Moore suggested conducting a vote of the people involved in the LID with the ballot accurately explaining what would happen with a "yes" or a "no" vote. Depending on that recommendation, the Council could proceed with the LID as planned or with the transportation bond and hope that the people trusted that the Council had the full intention of being honorable. Councilor Scheckla asked if they were working within a time frame. Councilor Moore mentioned November. Councilor Patton indicated that this decision would impact the Transportation Task Force's recommendation to the Planning Commission and City Council. She commented that if she told Mr. Preston that the Council could not give a conditional assurance right now, she doubted that the Executive Committee would be willing to conduct a vote of the neighborhood. CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1999 - PAGE 2 Mr. Monahan suggested that the Council print a one page letter on the back of the ballot describing what it could commit to doing and that its intention was to fully fund this project with the bond measure. Jim Coleman, City Attorney, stated that the Council could structure the bond measure to provide for this project's funding. Mayor Nicoli mentioned that the County did something similar with the MSTIP program, and made sure that it funded the projects that it said it would fund. Mr. Coleman said that the City Attorney and the City's Bond Counsel would both advise the Council to make funding measures as general as possible. He pointed out that specifying projects in bond measures locked the Council into doing particular things, and bound a future Council to pay for those projects. Councilor Scheckla asked how many other projects with a similar situation potentially existed. Mayor Nicoli commented that this was a unique situation. The Council discussed Mr. Monahan's suggestion of a Council letter on the back of the ballot. Councilor Patton commented that the only way for the City to control the ballot was to conduct the vote itself. She observed that the Executive Committee would probably attach its interpretation of the Council's position (written by Mr. Preston) if it did not find the letter convincing enough with respect to the Council's intentions. Mayor Nicoli said that he did not have a problem with making a commitment on how they would spend the funds. He mentioned that he would like to cancel the LID, describing the policy of making people off the street responsible for improving SW 79" as bad policy. He said that he would support canceling the LID and he would support a recommendation from the Council representatives to end the discussions and to move on. Councilor Patton remarked that she, Councilor Moore and Mr. Preston all wanted to get this issue behind them. She said that she and Councilor Moore also wanted to advise the Transportation Bond Task Force on whether or not to include SW 79" in the bond projects. She described the letter from the City Council on the ballot as a good idea but said that she wanted to make certain what it was that the Council wanted to say in it. Councilor Scheckla asked how many homes would be affected by this vote. Mayor Nicoli said 266 properties. Councilor Scheckla asked if these people might use this situation as a reason to vote down the transportation bond, no matter what the Council did. Councilor Patton indicated that she could not say for certain but she did know that there were some angry people involved. She noted that the 79L" Avenue people also wanted to get this issue resolved. They did not want to have to go through this again in three to four years with a new Council. Mr. Coleman asked what the question would be on the ballot. Councilor Patton said that it was a message of support from the homeowners for the 79" Avenue design offered by the City. She stated that she thought that including a letter indicating the Council's willingness to fund the 79t" Avenue improvements through the bond measure would do it. Mayor Nicoli pointed out that technically, the Council was identifying the project in the bond issue and committing to do the project if it passed, but it was not committing to spending only bond funds to do the project. He mentioned different options such as showing the people an engineering estimate and the amount of money the City has set aside for the project as evidence of their intentions or passing a resolution stating this Council's support. Councilor Patton commented that she was not certain that showing an engineering estimate and CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1999 - PAGE 3 WN IMIM01 :111 -=0 the contingency fund would reassure the neighbors, although a resolution of intent signed by all five Councilors might help. She said that the strongest way to assure the neighbors was in the bond language itself. Mr. Coleman said that, in the explanatory statement on the bond measure ballot, the City could include language stating that it would fully fund the 79" Avenue project out of the bond measure. He pointed out that this would be an official and binding statement. Councilor Hunt suggested that Councilor Patton write the letter. Councilor Patton said that she wanted the Council to review it. She reiterated her belief that a statement from the Council indicating its intent to fully fund the project through the bond proceeds would take care of the neighbors' concerns. Councilors Hunt and Scheckla each indicated their support of the proposed letter. Councilor Patton commented that the neighbors were still unhappy with the street design. Councilor Moore observed that the neighbors would probably be less unhappy with the design if they knew That they would not have to pay for it. Councilor Patton concurred. She commented that if this letter did not work, then nothing would. > DISCUSSION: PHOTO RADAR AND PHOTO RED (LIGHT Councilor Moore asked Police Chief Ron Goodpaster what the penalty was for defacing public property. Chief Goodpaster said that they could arrest someone for vandalism or criminal mischief with fines, restitution and replacement penalties. Ron Goodpaster, Police Chief, introduced Officer Jim Wolf, Public Information Officer and Crime Prevention Officer, and Sergeant Karl Kaufman, Traffic Sergeant. He said that Sgt. Kaufman would be the point person implementing this program for the City. He stated that tonight they intended to present an overview of the program with a more in-depth presentation scheduled for October 19. Chief Goodpaster noted that the Traffic Calming Committee chaired by Bev Froude recommended photo radar in 1995/96. He pointed out that the No. 1 issue mentioned in the transportation goal of traffic safety in the Tigard Visioning process was lowering neighborhood speeds in Tigard. Chief Goodpaster reviewed the statistics from cities currently using photo radar documenting its success rate in reducing speeding. He noted that in Beaverton the use of photo reduced the percentage of speeding vehicles by 28% while the rate increased by 28% in areas where they did not use photo radar. Chief Goodpaster said that Tigard was one of a limited number of cities in Oregon authorized by the state legislature to use photo radar and photo red light. He pointed out that photo radar came to the state in 1995 with Tigard's authorization occurring in 1999. He said that they decided internally to implement the two programs separately in order to benefit from the lessons learned by other cities implementing the programs first. He explained that Beaverton and Portland already had photo radar programs in place and Beaverton intended to implement photo red light within the next several months. He stated that Tigard would start with photo radar and anticipate implementing photo red light by the end of next year. Chief Goodpaster mentioned that other jurisdictions have told Tigard to take as much time and effort as necessary up front to inform and educate the public regarding implementation of photo radar. Officer Jim Wolf described the public information campaign proposed by the department prior to implementation of photo radar, in accordance with state law. He mentioned CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1999 - PAGE 4 direct mail as a very effective method, the City's web-site, ongoing interest from the media and newspapers, information brochures available at key locations and public meetings, public service announcements on local cable access, slides aired at the local theaters in the pre-show slides, and a telephone information line. Officer Wolf mentioned another legislative requirement to install signs on all major roadways at the entrances to the city in order to inform drivers of the use of photo radar. He said that they also had to place signs near the location of the photo radar van during its operation. He commented that they intended to keep this education blitz ongoing in order to keep the public informed. Sgt. Karl Kaufman reviewed the legislative requirements for limiting the use of the van to residential streets, school zones, and any other streets where Council felt there was a speeding problem. He noted that it could not be used on state highways. He indicated that the legislature limited the use of the van to no more than four hours per day per location. He explained to Councilor Scheckla that, although they could use the van during the day or night, they found daytime use more effective because the pictures were clearer. He commented that he thought it unlikely that they would want to park the van unmanned anywhere because of the cost of the equipment. Sgt. Kaufman described the photo radar process and equipment, noting how the operator provided a running log to back-up the photos. He said that two people reviewed the developed film. The first person used the officer's log to confirm the pictures and speeds while the second person corroborated the work of the first person. He explained to Councilor Moore that they had the option of taking a picture of the front and/or rear of the specding vehicle. Sgt. Kaufman reviewed the criteria used in Portland in reviewing the film. He said that they included cars with out-of-state license plates because they could access DMV records out-of- state. He indicted that pictures showing unreadable license plates or an unidentifiable driver or a driver of a different gender than the registered car owner or a business vehicle were dropped from the review process. He explained to Councilor Scheckla that the jurisdictions were in the process of developing a program to cite business vehicles. He confirmed that the pictures indicated time, date and location. Sgt. Kauftnan confirmed to Councilor Patton that dropping a photo from the review process because the driver was of a different gender than the registered owner was a loophole. He said that the statutes required mailing the citation within six days and allowed the person 30 days to rebut the evidence. He said that the citation included a black and white photocopy of the picture. Councilor Scheckla asked how they would handle teenage drivers using the car without a parent's permission. Sgt. Kaufman said that the citation would be dismissed but the registered owner would still get the letter in the mail notifying him/her of the violation. Sgt. Kaufman mentioned several areas where they believed that photo radar would be more effective than motorcycles or cars, including Hillshire-BenchvieNv, SW 135"', Walnut between SW 124" and SW 128" , Oak Street between Hall and Greenburg, Tiedeman and Meadow, SW Tigard Street up to SW 115'h, Sattler and McDonald. Sgt. Kaufman pointed out that, although they were required to sign the van as a police patrol unit, they did not have to install the overhead lights. He explained to Councilor Moore that, although there was no requirement to park the unit on the street, he thought that it had to be for CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1999 - PAGE 5 ,m the equipment to work properly. He commented that they could use the van in all school zones, although they might ;geed to do some creative parking in the areas without sufficient room to park the van. Chief Goodpaster commented that many Tigard citizens already believed that the City used photo radar, citing the calls he received from citizens wanting to know when they would get their citation. Councilor Moore asked how much revenue would the City lose as a result of this program. Chief Goodpaster said that it depended on a variety of different factors. He indicated that Beaverton claimed a modest income off photo radar while Portland subsidized their program. He explained that each jurisdiction wrote its own unique contract with the vendor providing the service. He said that the vendor was paid based on a percentage of the fines collected by the court; if the court collected no fines, then the vendor did not get paid. Councilor Scheckla asked what it would cost to implement the program. He asked if this program would impact the use of police officers in Tigard. Chief Goodpaster explained that this program had no external costs to the City, as the contractor provided the equipment. He said that there would be internal costs to set up the program, a new staff position to handle the volume of business and some office remodeling to accommodate a new person. He reiterated that the vendor made his money off the percentage of fines collected. He said that 73% of those receiving photo radar citations paid the fine while 20% or so of the citations were dismissed. Chief Goodpaster said that the program could impact the future hiring of officers based on the organization's needs.. He explained that an effective program could reduce the number of additional traffic units planned in the future. He pointed out that major portion of the department's operations centered on service calls, not traffic enforcement. He mentioned that the statute required a certified officer to man the photo radar van when in operation but that could be a reserve police officer. He reiterated that they would take a hard look at adding traffic personnel, in order to make the program effective. Councilor Moore commented that the bottom line was safety. Chief Goodpaster concurred. He said that the goal was to slow down the cars in Tigard. Councilor Scheckla asked about the length of the contract. Mr. Kaufman said that most cities had a year long contract. > Mayor Nicoli adjourned the study session at 7:41 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7:45 p.m. 1.2 Roll Call Councilors Ken Scheckla, Paul Hunt, Brian Moore, Mayor Jim Nicoli and Joyce Patton were present. Mayor Nicoli asked a visiting Boy Scout to lead the Council in the Pledge of Allegiance. He presented him with a City pin. CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1999 - PAGE 6 ~Ilffim~ ~Nl -8~~J 1.4 Council Communications Councilor Moore reported that he attended the dedication of the Mary Woodard Environmental Garden last Friday. He urged everyone to take a look at Chis magnificent garden. 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA: None 3. CONSENT AGENDA Councilor Scheckla asked for clarification on Item 3.2.a. He pointed out that the low bid for printing an eight-page Cityscape was the higher bid for a 12-page Cityscape. He questioned whether or not they would want to go to a larger Cityscape as the City grew. Cathy Wheatley, City Recorder, stated that staff has held the line at eight pages and only did one to two 12 page editions per year. She said that they did anticipate looking at a larger Cityscape if they wanted to use the publication more in the next few years. The Council discussed the matter. Mayor Nicoli commented that, based on past history, the City would have a greater net savings overall with American Eagle Graphic6, since they mostly used an eight page format. Mr. Monahan pointed out that the difference in price between the vendors for an eight-page issue was over $500 per month. He mentioned the increasing use of the City's website as an alternate to the printed page. Councilor Moore indicated that the City would save $4,400 dollars in a year with American Eagle Graphics if it printed ten, eight-page issues and two, twelve-page issues. Motion by Councilor Bunt, seconded by Councilor Moore, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] 3.1 Approve Council Minutes of. July 20, 27 and August 10, 1999 3.2 Local Contract Review Board a. Award Three-Year Printing Contract for the Cityscape to American Eagle Graphics b. Award Construction Contract for the SW 103`d Avenue and Delmonte Drive Sanitary Sewer Extension 4. CONSIDER FUNDING' REQ',JEST BY THE TIGARD CENTRAL BUSINESS DISTRICT (TCBDA) TO CONTP.ACT FOR SERVICES WITH THE OREGON DOWNTOWN DEVELOPMENT ASSOCIATION Jim Hendryx, Community Development Director; asked the Council to authorize up to $20,000 to be dispersed in increments to the Tigard Central Business District Association. He mentioned the Council's briefing last week. He said that Vicki Hilliard from the Oregon Downtown Development Association was present to answer questions. Councilor Scheckla asked for a clarification on the $20,000 increments. Mr. Hendryx explained that the draft contract proposed a base amount of $3,500 for ODDA's services. He referenced the specialized services listed on the last page of the contract ($750 per half day). He said that the TCBDA did not know at this point exactly which services it needed but authorizing this CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1999 - PAGE 7 MUMMERY A money in increments would enable it to contract for the specialized services on as needed basis. Councilor Scheckla asked for clarification on the funding source. Mr. Hendryx explained that the $50,000 allocated for the downtown came from the $25,000 carried over from the money originally allocated for the downtown merchants and from additional funding in the Community Development long range planning budget. He said that he proposed allocating $20,000 out of the $50,000 with the reserve going to a specialized study or some other planning issue needed in the downtown. He clarified that this $50,000 was for this year only. He said that he did not want to commit to another $50,000 for next year, preferring to go through the budget process. Councilor Patton asked for clarification on the language that listed the basic contract fee for the Main Street Program as $2,000 and the basic contract fee for the non-Main Street program as $1,500. Mr. Hendryx referenced Item H, describing the onsite original assistance that was outside the basic service. He confirmed that the $1,500 was for the additional hours. Tyler Ellison, TCBDA President, indicated that getting this funding was crucial to the Association moving up to the next level. Mr. Hendryx confirmed to Councilor Scheckla that the Council would receive quarterly updates. Councilor Scheckla asked staff to keep him informed of the expenditures and remaining dollars. Motion by Councilor Hunt, seconded by Councilor Patton, that the City provide the funds for the Tigard Central Business District in the amount of $20,000. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") Councilor Moore commented that he was pleased with the progress that the ODDA has made in the last year for Tigard. He expressed his hope that the work would continue at the present rate. 5. PUBLIC HEARING - (QUASI-JUDICIAL): VACATION OF APPROXIMATELY 2,899 SQUARE-FOOT PORTION OF PUBLIC RIGHT OF WAY ON SW MAIN STREET NEAR THE INTERSECTION OF SW PACIFIC HIGHWAY a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges Councilor Moore declared that, as a PGE representative, he was asked to look at this matter. He said that doing so would not deter him from making a decision tonight. There were no other declarations. There were no challenges. All Councilors indicated their familiarity with the issue. c. Staff Report Mr. Hendryx reviewed several slides documenting this site on Main Street. He noted that two property owners requested vacation of this small remnant of asphalt behind the sidewalk that was not necessary for the street right-of-way. Mayor Nicoli asked if the Council already passed a resolution on this vacation. Mr. Hendryx explained that the resolution initiating the vacation passed by Council earlier was the first step of a two step process. He said that this was the official hearing before Council. CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1999 - PAGE 8 d. Public Testimony Mayor Nicoli read the standard land use hearing criteria. e Roger F. Anderson, 8865 SW Center Street, representing property owners Mr. Anderson mentioned the property owners' willingness to help the City maintain the area beyond the curb line. He noted the property owners' efforts to remodel their building, both inside and outside, as part of an attempt to upgrade and improve Main Street. He said that this vacation would allow them to maintain the entire property and improve it, if they needed to, without going through the City. e. Staff Recommendation Mr. Hendryx recommended approval. f. Mayor Nicoli closed the public hearing g. Council Consideration: Ordinance No. 99-26 Motion by Councilor Moore, seconded by Councilor Scheckla, to adopt Ordinance No. 99- 26. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 99-26, AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 2,899 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW MAIN STREET NEAR THE INTERSECTION OF SW MAIN STREET AND PACIFIC HIGHWAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] Councilor Hunt asked what the procedure was to transfer title at the County. Ms. Wheatley said that the ordinance was recorded at the County. 6. COUNCIL. LIAISON REPORTS: None. i 7. NON AGENDA ITEMS Mr. Monahan recalled that the Council directed staff to return with more information about i Washington County Chairperson Tom Brian's request for the Council to consider whether or not the County should initiate the process to implement a County $10 vehicle registration fee (HB 2082). He explained that HB 2082 would impose a five cent gas tax as well as a $10 biennial vehicle registration fee for the purpose of generating $600 million worth of road money. Mr. Monahan said that ODOT has asked the County whether or not its wants to initiate. the process now, given the current drive to gather sufficient signatures by October 23 to put an initiative on the ballot to repeal HB 2082. He indicated that Chairperson Brian wanted to know if the City supported the County moving ahead with the process at this time. Mayor Nicoli commented that if the County did not move forward, and the initiative petition was not CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1999 - PAGE 9 1011111 111111 Ell I 111111M challenged in court, then they would lose their right to implement the fee. Mayor Nicoli explained that this money would be used county-wide to supplement existing funds for road improvements. He indicated to Councilor Moore that he did not think that the funds would be restricted to unincorporated County lands. He commented that he thought that the Washington County Coordinating Committee might be the agency assigned the task of spending the money. Councilor Scheckla pointed out that this registration fee did not capture those living outside the County but driving through it. Mayor Nicoli agreed but pointed out that the moneys could not be spent on state highways, the most common routes used by out-of-county drivers. He emphasized that these funds were for county and city streets. Mr. Monahan explained that ODOT needed two months lead time to get the program up and ruining. If they waited to see if the initiative petition gathered enough signatures, then they did not have sufficient time to get the program ready for implementation on January 1, 2000. Councilor Patton supported moving forward with the process in order to avoid potential delays in implementation. Councilor Moore indicated that, given that the money was used for what they said it would be used for, he would support the letter. Councilor Hunt said that he would vote against it, as he saw it as another way of getting around the tax limitations. Councilor Scheckla stated that he did not approve of the request. Motion by Councilor Moore, seconded by Councilor Patton, to send a letter in support of proceeding with the implementation of the $10 registration fee in Washington County. Motion passed by majority voice vote of the Council present. (Mayor Nicoli, Councilors Moore and Patton voted "yes"; Councilors Hunt and Scheckla voted "no.") [3-2] 8. EXECUTIVE SESSION Mayor Nicoli recessed the meeting at 8:19 p.m. The Tigard City Council went into Executive Session at 8:26 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 9. ADJOURNMENT: 9:12 p.m. Atte Catherine Wheatley, City Recorder ayor, City/ o Tig/ard Date: C )AAMCATHII M990928.D0C CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1999 - PAGE 10 k COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice Tm- 9492 BEAVERTON, OREGON 97076 Legal Notice Advertising ° City of Tigard ° 13 Tearsheet Notice 13125 SW Hall Blvd. ° ❑ Duplicate Affidavit ° Tiga.rd,Oregon 97223 ®Accounts Payable ° i AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss' I, Kathy Snydpr being first duly sworn, depose and say that I am the Advertising I Director, or his principal clerk, of theTigard-Tualatin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the Review Board Meeting { a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: September 23,1999 Subscribed and sworn to b fore me this 2'A rd day of September, 19 9 9 OFFICIAL SEAL I ROBIN A. BURGESS Nolpty Public for Oregon ? NOTARY PUBLIC-OREGON COMMISSION NO. 052071 t My Commission Expires: MY COMMISSION EXPIRES MAY 16. 2001 AFFIDAVIT TT Tllie`following meetlK iAdig}its are published for your. 14 ation. Full agendas may be obtained from the City Re6order,`13125 SW'Hall Boulevard, Tigard, Oregon 97223, or by calling 639-4.1,71., TIGARD CITY COUNCIL' AND LOCAL CONTRACT REVIEW BOARD hftEbNd i September 25,1999 6:30 P.M TIGARD CITY HALL TOWN: ili(tM 13125 SW HALL BOULEVARD, T'IGARD, OREGON G Discussion (6:30 Study'Session) = PhotbRadarOhbio~Red Light; in Tigard: • Public Hearing - Vacation of a Porfio"n of'M`ann Sheet (Near tho,. rn Pmctton; of Sw, Pacific Ilighway).. r • Consider Funding Request by. the Tigard Centrid.Business•Iaistrica., Assocat>ton for C¢►niraat ;mecess €aastas}ee L?r®g~nI ©owntown : i Ix3~ro1q f . r2 R I~X3~It1tVd0i! ; ' t y 1999 ~t T~ F i,.. j TT9492... 110M I COMMUNITY NEWSPAPERS, INC. Legal Notice TT, 9486 F.O. BOX 370 PHONE (503) 684-0360 BEAVERTON. OREGON 97075 i Legal Notice Advertising • City of Tigard ° ❑ Tearsheet Notice 13125 SW Hall Blvd. • ❑ Duplicate Affidavit • Tigard,Oregon 97223 e # •Accounts Payable ! i s AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of thd'- --rd-Tiia l at' i n T mes a newspaper of general circulation oaas defined in ORS 193.016 and 193.020; published at aforesaid county and state, that the Public Hearing-Proposed Vacation Idain Street a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for TWO successive and consecutive in the following issues: September 9,16,1999 I Subscribed and sworn to be a me this 61-h ray of September, 1999 ! OFFICIAL SEAL I ROBIN A. BURGESS (I Nota ub is for Oregon ? NOTARY PUgLIC•OREGON COMMISSION N0. 062071 j My Commission Expires: MY COM ISSION EXPIRES MAY 16-2001 AFFIDAVIT PUBLIC L IA T-OF-WAY VACATIKDN4 The Tigard City Council wilt hold a public hearing on'Tuesday, Septem- ber 28, 1999, at 7:30 P.M., at the Tigard City Hall, Tow: Hall Room, 13125 SW Hall Blvd., Tigard, Oregor. 97223, to consider the proposed vacation involving an approximately 2,899 square foot portion of public right-of-way along Main Street. The applicants wish to vacate a portion of the right-of-way to allow legal use of the area for. customer parking. The portion of the vacation request is located outside of the existing pavement i and sidewalk area. The request was filed with the City on July 13, 1999 and initiated by the City Council at the request of the applicant'on August 10, 1999. Any interested pperson may appear and be heard, for: or against the proposed. vacation of. said Main Street.@ Pacific Highway Public Right-of-Wayvikation. Any written objeedoAs 9r aqiponstrances shall be filed with:the City Recorder by 7:30 >r' ~ Co Sep, ;ebtsber ?.8,1999. TT9486 - Publish Sept: mber 9, 16„ 1999 . F ; ' t . CITY OF TiGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss City of Tigard ) . being first duly sworn, on oath, depose DAIA I, and say: That I posted in the following public and nspi s p a co 2y of of Special Meeting for the Council Meeting dated a copy of said notice being her ched and by r once made a part hereof on the day of. _ 0A . _ . 139. 0FROMSEQ. N JB AM HAYM c 60MMAS M NO. W ( M 8WIRES MAY S, 2009 Subscribed and swom to before me this day* of Cc U • 199 9 Notary Public for Oregon My Commission expires: `traM s~ 3'0 h:\, In\cathy\affpostl r CITY OF TIGARD, OREGON ORDINANCE NO. 99-2 (9 AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 2,899 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW MAIN STREET, NEAR THE INTERSECTION OF SW MAIN STREET AND PACIFIC HIGHWAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on August, 10, 1999, and has been recommended by the Community Development Department; and WHEREAS, the approximately 2,899 square foot portion of the road had previously been dedicated to the public; and WHEREAS, Main Street has been re-aligned so that the intersection was moved further west to make it closer to a "T" intersection which would facilitate right turn movements; and WHEREAS, the re-alignment resulted in surplus right-of-way, a portion of which was asphalted and is currently utilized as parking for the adjacent business; and WHEREAS, the surrounding properties will continue to have access to public right-of-way; and WHEREAS, the vacated right-of-way continues to be utilized as off-street parking; and WHEREAS, the City will no longer have maintenance responsibility of this area; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have provided no objections, provided a utility easement is provided to cover existing utility lines; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on August 10, 1999, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the Council finds that the following condition is necessary to vacate said land: 1. A public utility easement over the existing PGE utility lines shall be dedicated. ORDINANCE No. 99-a is\citywide\ord\VACMain20RD.doc Page 1 of 2 16-Sep-99 1:08 PM NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 2,899 square foot portion of public right-of-way as shows, and described on the attached Exhibits A and B (map and legal description of the area to be vacated), and by this reference, made part thereof. SECTION 2: The Tigard City Council furL%er orders that the vacation be subject to the following condition: 1. A public utility easement covering PGE utility lines shall be dedicated. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: B,r u n a (y, ro ou s vote of all Council embers present after being read by number and title only, this` day of '1999. Catherine Wheatley, City Recorder l~k APPROVED: By Tigard City Council this~~Zd day of '1999. es LNicolfi, Mayor Approved as to form: City A o ey Date i i i 3 ORDINANCE No. 99-& (A iAdtywidelord\VACMain20RD.doc Page 2 of 2 15-Sep-99 1:08 PM f ~ ~XHI BIT A a>~ / D= CALL wr a RYr[ROSLO N / SK 3100 _ / (MICN LaAO/OwJ A 9 1 II NSr r ~o s savayr c lO' 6. 13 Ise / \ ^ / r4 [6QH$ s i ~~wlaw!.4-1.1 `.rr i ~ti' ;vAewbov b S0o7{Y [ i {S'aS w ASRNKTIMd01C SCM / aq lair r4 caxoz-IC 30[YA1K alorosto ARCH c - aivo'ao• - ' \ 1 K rT 11aa So O. rL S• ~R . /Ijw 4/ - - kN 4I {I / OT{T [ \ or ` sPNACr Row Y ~ \ 1ECrNn: O SN- X jcr Aov RW W*f NLlo rtAOC [.Ir SrA PA f ASSOG rLs IN" Strut I.}_aa, S At S/S- X A1• AW RW - AtW Z a r1AnOI - Zr-I D TARS Y As= oxs Wa- Ar *Y I-}-1a. A MASS SO@Y N WAD MN I/I- WICI" MASS FASKR SrAWD %S I}S{- Sfr ON I-}-N O AgMNCMr N0 AS /MRO lR 'a" " lr. AMY rr~t iK s svr wAem Wo-crow cO m AAK7 Rc[ s ( ) R[COW MIA ft. AAKaW ILOII NAASS 0:1[Ni.Y A Mr Sa A $00ARC nXr SITE PLAN r@ STREET @ PACIFIC HIGHWAY EXHIBIT MAP N PUBLIC RIGHT-OF-WAY VACATION ma Is not to scale .r , EXHIEIT B ANDY PARIS & ASSOCIATES, C. REGISTERED PROFESSIONAL LAND SURVEYORS 15%2 BOONES FERRY ROAD LAKE OSWEGO, OREGON 97035 PH: (503) 6MJ341 FAX: (503) 6M.0477 PROPERTY DESCRIPTION: Tax Lot 1000, Tax Map 2S 1 2AC DATE: February 12, 1999 JOB NO.: 98221 NAME: Kim & Fran Gritzbaugh WCATION: SW Main Street Street Vacation - City of Tigard FOR USE ON LEGAL INSTRUMENT A tract of land situated in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at a 5/8" iron rod on the southeasterly right of Way line of Oregon State Highway 99W, which bears S 65°16-02". E 871.27 feet from a iron pipe at the southeast corner of Lot 20, "Amended Plat of North Tigardville Addition'% thence leaving said southeasterly right of way line, S 44°14'30" E 50.44 feet; thence northeasterly on a non-tangent curve to the right having a radius of 165.00 feet through a central angle of 18°00'00" (chord bears N 41 °07'4T' E 51.62 feet) 51.84 feet to a point of tangent; thence along said tangent, N 50007'47" E 37.88 feet to a 5/8" iron rod; thence N 45°03'00" W 15.87 feet to the northwesterly right of way line of SW Main Street; thence S 68°39'30'° W along said right of way line, 85.55 feet to the intersection with said southeasterly right of way line of State Highway 99W; thence S 45°45'30" W along said southeasterly right of way line, 10.19 feet to the Point of Beginning. Containing 2,899 square feet. REGISTERED PFdO ESSiONAL L A UFRV OR • ©REGON JAMARY 15. 1287 HAROLD P. SALO 2264 E7 i Emil AGENDA ITEM N0: 2 -VISITORS AGENDA DATE : September 28,1999 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. STAFF CONTACTED NAME, ADDRESS & PHONE TOPIC T °ny' Sal I i fs... AGENDA ITEM No. 5 Date: SEPTEMBER 29, 1999 PUBLIC HEARING (QUASI-JUDICIAL) VACATION OF APPROXIMATELY 2,899 SQUARE -FOOT PORTION OF PUBLIC RIGHT OF WAY ON SW MAIN STREET NEAR THE INTERSECTION OF SW PACIFIC HIGHWAY 11 AGENDA ITEM No. 5 Date: September 29, 1999 PLEASE PRINT Pro onent - S eakin In Favor Opponent S eakin Against) Neutral Name, Address Phone No. Name, Address & Phone No. Name, Address & Phone No. I~pg2r , An4.xav-% $ g~ S ,IV. SclJ 0 `l 2.23 G39--~1 z Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. f Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. i y ' i a~a I 7 loin loin IN AGENDA ITEM # FOR AGENDA OF 9-28-99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award QThr'7ee-Year Printing Contract for the Cityscape to American Eagle Graphics PREPARED BY: Cathy Wheatley`-'" " DEPT HEAD OK Y MGR OK b";O ISSUE BEFORE THE COUNCIL Should the Council award a three-year printing contract to American Eagle Graphics.. STAFF RECOMMENDATION Award the three-year printing contract to American Eagle Graphics. INFORMATION SUMMARY The table below represents the price quotes received as a result of the City's request for bids on the printing work for the Cityscape. Com an Name S page 12 page 16 page American Eagle Graphics $1,945 $3,238 $3,878 Documart $4,080 $5,532 $6,976 Riddle Press $3,275 $5,073 $6,047 Precision Graphics $2,068 $3,575 $3,738 Community Newspapers $2,478 $2,930 $3,247 For quotes, the bidders were requested to factor in the following items: > The newsletter is published once a month. The price should be based on printing 24,000 copies a month. > The City would prepare camera-ready copy. The printer will print, fold, bundle, label by carrier routes and deliver to the NW Hoyt Street Post Office. > Quotes should be for an 8, 12 and 16 page newsletter. > Printing and mailing should be completed within two days of receipt of copy. Staff compared the pricing by totaling the lowest bid for ten 8-page editions and two 12-page editions per year. Past practice has been to limit Cityscape to 8 pages with an occasional 12-page newsletter when we have a special program or a lot of activity coming up because of the time of year (i.e., in May or June we might want a larger newsletter because of summer activities and programs.) The Cityscape is prepared by in-house staff. Nancy Lof of the Finance Department/Office Services Division formats the document using Corel Ventara software and prepares the copy so that it is camera ready for the printer. Cathy Wheatley of City Administration edits the newsletter, which includes rewriting draft articles, composing articles, and prioritizing articles selected for print. Prior to printing, Department Heads, a number of staff members and the City Council are asked to review the Cityscape for comments and to catch errors/omissions. Michelle Wareing of the Finance Department/Business Tax Division proofreads the Cityscape as a final review for readability and as a final opportunity to discover errors. OTHER ALTERNATIVES CONSIDERED If bid is not awarded at this time, the City could continue to ask Precision Graphics (the printer for last fiscal year) to provide this service on a month-to-month basis. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES The amount in the Budget for this fiscal year for Cityscape printing costs totaled $30,600. If the Council approves contract award to American Eagle Graphics, the City would spend approximately $25,920. Postage costs for the Cityscape are budgeted in the City's bull: mailing line item; it costs about $2500 to mail the Cityscape each month. I:\ADM\CATHY\COUNCIL\SUMMARY SHEET CITYSCAPE BID.DOC ' a~ R~v~'sed '9.239g AGENDA ITEM # 2, of b _ FOR AGENDA OF September 28.1999 CITY OF T IGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of the Contract for construction of the W 103'd Avenue and Delmonte Drive Sanitary Sewer Extension. 188 PREPARED BY: G. Be= DEPT HEAD OK: Tus uenas CITY MGR OK: Rill Monahan ISSUE BEFORE THE COUNCIL Shall the Locai Contract Review Board approve the contract award for the construction of the SW 103rd Avenue and Delmonte Drive Sanitary Sewer Extension? STAFF RECOMMENDATION The staff recommends that the Local Contract Review Board, by motion, approve the contract award to Emerald Tower, Inc. in the amount of $199,680.00. INFORMATION SUMMARY The line would serve twenty-two lots along SW Delmonte Street and SW 103rd and 104' Avenues south or Murdock Street through Sewer Reimbursement District No. 16 of the Neighborhood Sewer Extension Program. Council authorized formation of Sewer Reimbursement District No. 16 by approving Resolution No. 99- <8 on September 14, 1999. The bid opening was conducted at 2:00 PM on September 21, 1999. The bid results are: Emerald Tower Beaverton OR $199,680.00 Oregon Siteworks Aloha OR $201,276.19 Earthworks Salem OR $210,841.00 Crestview Hillsboro OR $215,578.00 Hubco Ex. Gresham OR $229,810.00 S-2 Contractors Mollala OR $259,895.00 Keir Contractors Tualatin OR $275,710.00 Miller and Sons Sherwood OR $274,635.50 Arlyn Davis Const. Sherwood OR $279,128.46 Eagle-Elsner Tigard OR $363,218.00 Engineer's Estimate $225,265.50 The contractor has been requested to provide references. OTHER ALTERNATIVES CONSIDERED There is no other available connection point that would be able to provide sanitary sewer service for the subject properties. ~N IM112 mill qmj W VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None FISCAL NOTES The amount of $500,000.00 has been set aside in the approved FY 1999-2000 budget for the Neighborhood and Commercial Area Sewer Extension programs. This funding is adequate for this project. JACI Mdelsumtamrd construdlon for deimonte reiml6(r).doc NW 1 /4 SW 1/4/ SECTION 11 T2S R1 W W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON I t , ' l,em m laY1 As ' , a>es m ian ' • Irl17q) . „ . In. y' CANTERBURY LN fwri m IOJM An' 'Iwmmlan Aw ' Iwxmtan A,r i f J N na Irk p.~:w» sl I ! LLF+±+ I I I ..'I lay aay B .'IwSm lath Aw •i - - - - - ...r: I Iwco n rote w» LlW1J a: Icy e~ • ,,Ip4 m lath Aw , F9' IJ97a A aYnnU IMM,• '••twl7 m lasw An'', ~ • 1 (tl. lara) I le,~ UJI) lei pM I I~. LADY PART :p. ';;,'.1;,;,'. • • • • • , :u a: u.r,~.... b a~.ls. . I PROP=- 1"" it - - - v - Ire pal - - - - - Q SAY. Dalmonte Drive VICINITY MAP F 1 1 1 1; 1 1 1, 1, 111 S,~ ......:1:,'u':.....::.:. ' i LEGAL DESCRIPTION: DEL MONTE SUBDIVISION & .lapmaamwwatir.~•IalomoamraoM 'IWiamadr,eArC+M raafmarrmuMw iwnmloueA,p•,'~ I ;:;:;;,,1,1111,.11. nl qaT 1, aLIrpf nLna) 1 Iri, ilp) ; torsoWthawke DEL MONTE SUBDIVISION PLAT NO. 2 nA,l~a :i: :.i'. ..i............... ~`rr LOT 1 (T.L.200) LOT 8 (T.L.900) LOT 15 (T.L.1308) LOT 2 (T.L.300) LOT 9 (T.L.1000) LOT 16 (T.L.1304) , -u LOT 3 (T.L.400) LOT 10 (T.L.1100) LOT 17 (T.L.1303) 4 ? 1 " PROPERTIES INCLUDED IN LOT 4 (T.L.500) LOT 11 (T.L.1200) LOT 18 (T.L.1309) " REIMBURSEMENT DISTRICT LOT 5 (T,L.600) LOT 12 (T.L.1305) LOT 19 (T.L.1310) -SS- EXISTING SANITARY SEWER LINE LOT 6 (T.L,700) LOT 13 (T.L.1306) LOT 20 (T.L.1302) EXHIBIT "B" ® PROPOSED SANITARY SEWER LINES } LOT 7 (T.L.800) LOT 14 (T.L.1307) LOT 21 (T.L.1301) i LOT 22 (T.L.1311) NOT TO SCALE 103RD AVENUE & DELMONTE DRIVE Y= ° EMtEN>910N NOTE: ALL PROPERTIES IN THE REIMBURSEMENT DISTRICT ARE ZONED R-3.5 SANITARY SEWER , ~ DI~EXT 9fB c" w 11 ENrr~ut aPARi Ir T T, l TRmp1u aNCOp r rae m uu • ruin pi 00 NAM esm i roAagl , R1 y rigglilil, lip: 1 AGENDA ITEM # '7 FOR AGENDA OF 9/28/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Tigard Central Business District Association F din PREPARED BY: Jim Ilcndryx DEPT BEAD OK_ 1mI.` PW Y MGR OK ISSUE BEFORE THE COUNCIL Should the City Council provide up to $20,000 to be dispersed in increments for the Tigard Central Business District Association (TCBDA) to contract for services with the Oregon Downtown Development Association (ODDA)? STAFF RECOMMENDATION Staff recommends Council provide funds for the Tigard Central Business District Association (TCBDA) to contract with the Oregon Downtown Development Association (ODDA) for specific services which would include Board training, on site assistance, network affiliation, advocacy, advice, and referral and library services, etc. Additionally ODDA would provide specialized services for streetscape and facade consultation, marketing and business mix consultation, technical drawings, 2-3 day resource team services, custom workshops, and association funding. INFORMATION SUMMARY The community has long recognized the importance of a strong downtown. This point was reconfirmed through the recent Tigard Beyond Tomorrow visioning effort. Staff has been working with citizens and business owners and, more recently, the TCBDA to develop an approach for the downtown. With the assistance of ODDA, the TCBDA has adopted an action plan that identifies steps that must be taken to improve the business climate of the downtown. TCBDA provided Council with an update at its September 21, 1999, workshop meeting. ODDA has provided TCBDA with a contract to provide specific services for the coming fiscal year ending in June of 2000. The contract establishes basic services and additional contract services that would assist TCBDA in implementing its Action Plan. TCBDA voted unanimously to accept the contract with ODDA and requests funding from the city. The Community Development Department has identified funds within their budget for planning related studies for the downtown. Up to $20,000 would be dispersed in increments for contract services with ODDA, depending on services provided. This would allow TCBDA the flexibility to decide what services are needed and when it would be appropriate to contract for such services. TCBDA will provide quarterly updates to Council on its progress in the downtown. OTHER ALTERNATIVES CONSIDERED Not approve funding or approve reduced amount of funding. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life/Downtown, Goal #1 - Provide opportunities to work proactively with Central Business District (CBD) businesscs a-Lid property owners and citizens of Tigard to set the course for the future of the central downtown area; Strategy #1 - Tigard's CBD: Be Proactive; Action Pians - Explore options: Outside expertise (i.e., Economic Dev. Dir., Livable Oregon). FISCAL NOTES Community Development has budgeted $50,000 for consultant services to assist in the preparation of downtown planning. i:kiWWide\SUMA A I III Milli Proposal #2 8/10199 this proposal oliminates the BID assistance I AGREEMENT This agreement is made and entered into on the date at which every party has signed this contract by and between the Oregon Downtown Development Association, an Oregon private non-profit coroorar on having its principle place of business at 151 liigh St SE, Salem, OR 97301, lvreine(ter referred to as "ODDA" and the Tigard Central Business District Association,l9erein referred to as the "Ae$oeistion". f~ The term of this agreement shall be from J (Yl, June 30, 2000. L ODDA will be responsible for providing assistance to the Association for downtown revitalization related issues in the following areas. A. Network Affiliation. The Association becomes pert of Oregon's dynamic network of towns who are addressing and solving issues of revitalization that f..cc older business districts. GDDA couLnu nieates regularly with this network about opportunities and information of intent to local Main Street programs. B. State Advocacy. ODDA is an advocate for its members at the state and national levels. The Association has art opportunity to shape ODDA agenda for advocacy by participating in meetings and conferences. C. Telephone Advice sand Referral. The Association is encouraged to call ODDA staff to discuss problems and brainstorm ideas. Callers may be referred to publications or volunteers in other network communities who have faced similar situations. QnQ/vf Dolawma Devekommt Amooinioa PO E100912. SdOM OR 9!JW 503.58"•0574 VAX 507.58•!-0390 .'~j•_ its, ~,L_, ~.lli~:: F'._~ U. D. Resource Library Aeefts. The Association may borrow books, slide shows and videos from ODDA's resource library an a variety of subjects such as retailing, economics of revita',izazio,.l, effects of sprawl on older business districts, and parldrlg. E. ODDA. Newsletter. The Association will receive a quarterly ODDA newsletter containing information on upcoming events, national and statewide downtown issues, technical issues, member news, legislative updates, and trends affecting downtowns. F. Special Discounts sled Invitations. The Association is eligible for registration discounts at the Livable Orego-TVODDA Annual Conference and other workshops on revitalization topics. G. Membersblip in Livable Oregon. The Association will receive a complimentary membership in Livable Oregon which includes a quarterly newsletter and informational mailings to members. H. On-Site Organizational Assistance ODDA will provide up to 15 hours on-site organizational technical assistance through workshops or community forums on the following topics: Board training £ nd development; workplan development and implementation; community and vo.unteer development; and exploration of funding sources. L Year End Evaluation. ODDA will provide a year-end program evaluation to the Association's Board of Directors that will provide information on the strengths, weaknesses. challenges and opportunities present within the organization and assess ability to trove forward to the next phase of downtown revitalization. It. The Association will be responsible to ODDA to provide and perform in the following areas: A. Copies of Program Materials. The Association shall provide copies of program materials produced during the program year for use in ODDA's resource and reference it'brary. UL Agreement Relationship. ODDA is furnierft g its services hereunder as an independent contractor. Nothing herein contained shall create any partnership or joint venture between the parties hereto nor any employer-employee relationship. Id. State Funding; ODDA's program services are subsidized by lottery funds from the Oregon Economic Development Department and are subject to availability of those (NWm Dmmwwn Dcvdopmat Association 1`0&=2912. Seim. OR 9730@ 303 58'1 a157a FAX SWI.O51SO funds. V. Fee The fee for this contract is S3,500, which is payable upon sig sing of this contract to help fund the costs of services outlined herein. The costs reflected in this contract are A subsidized by through a lottery gratnt from the Oregon Economic Development Department and do not reflect the actual cost of providing these services or true market retail rates. `U General Provisions. This agmemcnt supersedes any and all other agreements, either oral or written, between the parties that pertain to this Agreement. Bch party acknowledges that no representations, inducements, promises or agreements, or-41 or othcr%ise, have been made by any party which are not embodied herein, and no aerccment, statement or promise not contained in this Agreement shall be valid or bindi,;. Any modification of this Agreement shall be effective only if it is in writing and signed by parties authorized by the Association and ODDA to execute contracts. This Agreement shall be governed and construed in accordance with the laws of the State of Oregon. In the event that one or more clauses of this Agreement ante found to be wlenforceable, illegal or contrary to public policy, the remainder of this contract will continue in fi31 force and effect. (au"rized signature) Date Tigard Central Business District Association Vicki Hilliard, Executive Director Date Oregon Downtown Development Association NOTE: speei.fte design, promotion and image development, referred to as "specialized service, may be added to the contract at the rate of $750 for each cote prnent 't he $730 fee implies '/z day specialized service by appropriate consultant. Chagas Dmittrwn Davokr{rmeat Aaaodatioa PO Boot 2912, Salem, OR 9790E SW 587-0574. FAX }03.987.050 s Oregon Downtown Development Association CONTRACT FEE SCHEDULE July, 1999 - 3une 2W I Main Street & Nora-Main Street Programs BASIC Contract for Main Street programs $2000.0 - Two Managers Forums with downtown training a Annual Main Street Training Retreat '/z day Technical Assistance visit based on a mutually agreed to topic Year'-end program evaluation Network Affiliation State Advocacy Telephone advice and neferml R,csourcc Library Access ODDA newsletter Special discounts and invitations Membership in National Main Street Center Network Membership in Livable Oregon er turnttr~ g Main Street programs will be assessed a basic contract fee of 51500 through June 2000. BASIC Contract for man-Main Street programs 1500. (includes all of the above except: Managers Forums; Annual Main Street Training Retreat; Membership in National Main Street Center Network) ADDUUDNS TD BASIC CONIMCM: A 'rS Day SpecinUzed service by appropriate consultant Stroetscape consultation Fagade consultation 750. for each 1/2 h1ar4txrag/Business Mix consultation day component • Technical draawingt (architectund; landscape; other) 300. Each 0 2-3 Day Resource Tesm - individually priced 4,400 - 6,000. range basest on scope • Custom Workshop - individually priced 1,000 - 3000. range (planning & implementation) 0 E®/BID 1P hwain2 & Assistance 5,000 and up ('based on 80 hours on and off site assistance) I ODDA's progianta and services are suWdizrd by lottery funds from the Oregon Economic Development DoWment and are subject to availability of those funds. In all use% the costa quoted aom do tmt reflect i i the act" cost of providing these services or true market retail rates. O^ogoc Dov mawn Ikvatopmew AwpciAtm PO Box 2912 8akm, OR 973 6 303.567.0374 FAH 303. 36 -0m iarU@0ddk.as AGENDA ITEM For Agenda of: September 28,1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Vacation of an approximately 2,899 square foot portion of public right-of-way on SW Main Street near the intersection o SW Pacific Hi hwa . PREPARED BY: Julia Powell Hajduk DEPT HEAD OK CITY ADMIN OK J1zWA4 ISSUE BEFORE TA COUNCIL Should the City Council vacate an approximately 2,899 square foot portion of public right-of-way on SW Main Street near the Pacific Highway intersection? STAFF RECOMMENDATION It is recommended that Council approve the vacation as requested. INFORMATION SUMMARY Council initiated this vacation at a public meeting held, on August 10, 1999 (See Exhibit D, Resolution No. 99-58). Kim and Fran Gritzbaugh have requested that the City Council vacate the approximately 2,899 square foot portion of public right-of-way on SW Main Street. Main Street has been re-aligned over the years to form more of a "T" intersection. A "T" intersection eases turning movements onto Pacific Highway. In order to make the Main Street/Pacific Highway intersection more of a "T", the road has had to be curved more to the west, away from the property owned by the Gritzbaughs. During the last re-alignment, part of the right-of-way was paved with asphalt and is currently used as parking for the adjacent business. This area is beyond the paved roadway and the sidewalk. Staff from the engineering department has indicated that this portion of right-of-way will not be needed in the future because Main Street will only continue to be aligned westward to come closer to forming a "T" intersection. In addition to this portion of right-of-way not being necessary anymore, the vacation will eliminate the City's maintenance responsibility and liability of the parking area and landscaping in the area to be vacated. Staff has prepared a power point presentation that shows the area of proposed vacation so that Council can see how the re-alignment of Main Street has changed over time. All affected service providers, including utility companies and emergency service providers, have been notified of the proposed vacation. PGE provided comments asking that an easement be maintained to cover the PGE utilities. This has been incorporated as a condition of the vacation. Attachments: Attachment 1 - (Proposed Ordinance) Exhibit A - (Site plan) Exhibit C - (Vicinity map) Exhibit B - (Legal description) Exhibit D - (Resolution No. 99-58) OTHER ALTERNATIVES CONSIDERED 1. Deny the vacation request. 2. Take no action at this time. VISION TASK FORCE GOAL AND ACTION COMWTTEE STRATEGY N/A FISCAL NOTES There are no fiscal impacts as a result of this request, as all fees have been paid by the applicant. Portion of Main Street R.O.W. Vacation is\cirywidelsum\vacfMa1n2.sum 16-Sept-99 12:57 PM OMEN= EXHIBIT A p MAf• /5/v-"L DOA/ of. OED CAL! A SM. SI00 ,p 1/Ilf. 00_ a$' A• 4 9 r iJ 4<1 / 0 \ Al ~ ~ ` ,x•01 s 71707x• c a.e' t1r NAGna 1• SOOTAY [ w ARAWKf IAAK' 37.00' / p i U'aS f S 45 ' MvrA V / S r Aur e / F-- rRW 11 AAU e - wW OCOO' ry e[ AG m i0ff .N. R. S. R - 703.00' aN -w norm ILL c mct or ASPKKT AOAO O J/e• r JO• ROV RW AN fQtl OfY P{Ax W J/AUI(D LARK Q A73VC KS Wa' sir 4 !/b• 110' RP`/ AW -m KLum ! cI A pvw KAAw SfAaP[D tApJ • AS= f3J Wa• sir W 1-1-af e -13) u w c i%1-N R11 sRASS -9<. • ll,,Nr rt) ! As NO MD [R wW ROD Fpv IO'f lK ARWY MAOM RAVE W CX.M $tA r AYCaWl ( ) 9WOM DATA A9r M JIM$ IAl1S3 aD[AA3i Y OMV SO fr. SWA4f rm SITE PLAN t MAIN STREET Q PACIFIC HIGHWAY EXHIBIT MIAP N PUBLIC RIGHT-OF-WAY VACATION ma is not to scale = _ _ _ - _ EXHIBIT B ANDY PAS & ASSOCIATES, 94C. REGISTERED PROFESSIONAL LAND SURVEYORS 15962 BOONES FERRY ROAD LAKE OSWEGO, OREGON 97035 P11; (503) 636-3341 FAX: (503) 636-0477 PROPERTY DESCRIPTION: Tax Lot 1000, Tax Map 2S I 2AC DATE: February 12, 1999 JOB NO.: 98221 NAME: Kim & Fran Gritzbaugh LOCATION: SW Main Street Street Vacation - City of Tigard FOR USE ON LEGAL INSTRUMENT A tract of land situated in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at a 5/8" iron rod on the southeasterly right of way line of Oregon State Highway 99W, which bears S 65°16'02" E 871.27 feet from a 3/4" iron pipe at the southeast corner of Lot 20, "Amended Plat of North Tigardville Addition"; thence leaving said southeasterly right of way line, S 44°14'30" E 50.44 feet; thence northeasterly on a non-tangent curve to the right having a radius of 165.00 feet through a central angle of 18°00'00" (chord bears N 41°07'4T' E 51.62 feet) 51.84 feet to a point of tangent; thence along said tangent, N 50107'47" E 37.88 feet to a 518" iron rod; thence N 45°03'00" W 15.87 feet to the northwesterly right of way line of SW Main Street; thence S 68°39'30" W along said right of way line, 85.55 feet to the intersection with said southeasterly right of way line of State Highway 99W; thence S 45145'30" W along said southeasterly right of way line, 10.19 feet to the Point of Beginning. Cortaining 2,899 square feet. REGISTERED PROFESSiONAL LA URV OR OREGON JPMARY 16. 1997 4AROLD P. SALO 22£:4 MINE 11110 r 4904Rl1►R IC IR/ORWAT`I`OON eTp®/61916 G~ MAIN STREET @ PACIFIC HIGHWAY x s~. ~•ti PUBLIC RIGHT-OF-WAY ~T VACATION xx~ ~G crr~~~i 'Ly9~ SUBJECT AREA T y~ CN i N ~l- • 9~2 0 100 200 300 400 Fat G~ 1r- 318 Mt 1 City of Tigard '9S Inkmution on this Insp le $or 9anRnl button Q* end should be wnfNa xAh OIR DewtOpnsnt Sw joRR oiwion. 13125 SW 11ae 8W ' r-99m. OR 97223 (503)639.4171 / O AOplNnw.tl.tiperd.ol:w rnmmltnifu Mvnlnnmonf Plnf r(ofc• 1111 ?7 1000• f •\m~nin\eRD/~II'M ADD ! ~ s l~x~ll3i~ v CITY OF TIGARD, OREGON RESOLUTION NO. 99-543 A RESOLUTION INITIATING THE VACATION OF AN APPROXIMATELY 2,899 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF WAY COMMONLY,KNOWN AS SW MAIN STREET. WHEREAS, the approximately 2,899 square foot portion of the road had previously been dedicated to the public; and WHEREAS, Main Street has been realigned leaving this area of right-of-way which is outside of the paved road area, curb and sidewalk; and WHEREAS, the existing street alignment and potential alignment needs make the need for future use of this portion of right-of-way uiilikely; and . WHEREAS, the applicants have requested that the City of Tigard initiate Vacation proceedings to vacate an approximately 2,899 square foot portion of public right-of-way along SW Main Street (Exhibit "A'); and WHEREAS, the said portion of public right-of-way may no longer be necessary; and WHEREAS the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested pUiic right-of-way vacation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section is The Tigard City Council hereby initiates a request for the vacation of an approximately 2,899 square foot portion of public right-of-way commonly known as SW Main Street, as more particularly "described in Exhibit "B" and Exhibit "C" and by reference, made a part hereof. Section 2: A public hearing is hereby called to be held b the City Council on Tuesday, September 28, 1999, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right-of-way. Section 3: The City Recorder -is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said public hearing, the first publication to be on September 9, 1999 and the final publication to be on September 16, 1999. The Recorder is further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice at or ear each end of the area proposed to be vacated. PASSED: This D¢'~ day of '1999. or -City Tigard ATTEST: City Recorder - City of igard RESOLUTION 99-ZM is ciWMdc\res\vacmain.res Page I of 2 28-July-99 Julia P li A-lb n - cc I-Pp Gl G` J and Construction Services Inc. 9025 S.W. Center Street Tigard, Oregon 97223 F A X C O V E R S H E E T DATE: September 16, 1999. TIME: 10:16 AM TO: Bill PHONE: COMPANY: City of Tigard FAX: 684-7297 FROM: Jim Nicoli PHONE: (503) 620-2086 FAX: (503) 684-3636 RE: Number of pages including cover sheet: 5 Message Bill please see attached and put on the agenda for discussion. Thank you. 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