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City Council Packet - 06/04/1979 a TIGARD CITY COUNCIL STUDY SESSION JUNE 4, 1979, 7:30 P.M. FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM AGENDA: 1. CALL TO ORDER 2. ROLL CALL 3. CH2M - HILL - Storm Drainage Report - Roger Sutherlin 4, REVIEW TRAFFIC STUDY PLANS - Pacific Highway - ODOT 5. POLICE PENSION PAYMENT - City Administrator b. BISHOP SEWER AGREEMENT City Administrator _ 7 . STATUS REPORT ON SOCCER FIELD - City Administrator 8. SCHOOL DISTRICT BOUNDARY CHANGE - Letter of Support - City Administrator. 9. OTHER 10. EXECUTIVE SESSION - Under ORS 192.660 (2) (d) • Regarding Legal Rights and Duties - Whooler, Killion Claims 11 ADJOIJRNMENT f TIGARD CITY C 0 U N C I STUDY SESSION &SPECIAL MEETING MINUTES, JUNE 4, 1979, 7:30 P.M. STUDY SESSION: 1. ROLL CALL: Present: Mayor Alan Mickelson; Councilmen Tom Brian, (arriving at 7:36 PM), John E. Cook, Kenneth W. Scheckla; Councilwoman Nancie Stimler; Chief of Police, Robert Adams; Legal Counsel, Joe D. Bailey; City Administrator, Raeldon R. Barker; City Recorder/Finance Director, Doris Hartig; Planning Director, A'_dace Howard; Administrative Secretary, Loreen Wilson. 2. CH2M-HILL - Storm Drainage Report. (a) Mr. Roger Sutherlin, CH2M-Hill, presented Storm Drainage Report. He stated the study would provide an evaluation of the existing conditions in the Fanno Creek Basin, the ability to maintainflooding waters, the quality of the water in the creeks and the impac' development would have on the basin. Mr. Sutherlin noted that the study would be finialized as soon as the Army Corps of Engineers completed their flood insurance study of the area. RECESS - 8:00 P.M. (Study Session) RECONVENE - 8:00 P.M. (Special Meeting) 3. ROLL CALL: Present: Mayor Alan Mickelson; Councilman Tom Brian, John E. Cook, Kenneth W. Scheckla; Councilwoman Nancie Stimler; Chief of Police, Robert B° Adams; Legal Counsel, Joe D. Bailey; City Administrator, Raeldon R. Barker; City Recorder/Finance Director, Doris Hartig; Planning Director, Aldace Howard; Administrative Secretary, Loreen Wilson, 4. PROPOSED USE OF 'FEDERAL REVENUE SHARING FUNDS'. (a) Public Hearing Opened (b) Public Testimony No one appeared to speak. t' (c) Public Hearing Closed 5. PROPOSED USE OF STATE REVENUE SHARING FUNDS. (a) Public Hearing Opened ' (b) ; Public Testimony No one appeared to speak. (c) 'Public Hearing Closed. 6. PROPOSED 1979-80 BUDGET (a) Public Hearing Opened i (b) Public Testimony No one appeared to speak'. (c) Public Hearing Closed. (d) City Administrator recommended Council make one change in the proposed budget and create a line item for the capital :improvements engineering study for city streets. This would allow CouncLl to transfer additional funds during the year instead of requiring a supplemental budget, Motion by Councilwoman Stimler to table, item until Council has a chance to study matter further. Motion seconded by Councilman Cook, Approved by unanimous vote of. Council, 7. WEDGEWOOD HOMES BOND REDUCTION. (a) Legal Counsel noted that the Subdivision Compliance Agreement aad Cash Bond Escrow Agreement requires the Performance bond be held until a Maintenance Bond is executed and the project is completed, (b) Mike Beardsley, Wedgewood Homes, requested Council accept a Maintenance Bond in the amount of $84,501.00 and noted the street lights would be installed within the month so that they would not be a consideration in this matter. (c) Motion by Councilman Cook, seconded by Councilman Brian to release the Performance Bond and accept a Maintenance Bond in the amount of $84,501.00, subject to the approval of final inspection, with $11,200 to be held in the bank for the Street Lights. Approved by unanimous`'vote of Council. RECESS 8:10 P.M. (Special Meeting) RECONVENE 8:10 P.M. (Study Session) 8. REVIEW TRAFFIC STUDY PLANS Pacific Highway TSM Project - ODOT (a) Ron Klienschmit, from the bregon Department of Transportation, presented the plan for the TSM Project as adopted by Council on October 9, 1978, He also explained the way the system could be synchronized. It was noted that the Tualatin Rural Fire Protection District must sign a contract with the City before the project is let for bid (August, 1979) if they require spec,-1 prc—emnt-0ng sysst.,ms for t..r rc npon;c..pz3rpo6es. (b) The following people appeared and spoke concerning the Park Street light. Mrs. Jean Fitzgerald, 13145 SW Watkins Helen Hammes, 13115 SW Watkins Al Mackin, 10310 SW Watkins'' Eunice Painton, '10395 SW Park Diane'Bernklaw, 13325 SW 110th Jeanette Hatch, 13205 SW Watkins Duane Meyer, 13210 SW Watkins Bill Heppner, '13180 SW Watkins COUNCIL MII4UTES - June 4, 1979 - Page 2< r Al Hammas, 13115 SW Watkins Bibianne Scheckl.a, -10890 SW Fairhaven Way Maury Lesperance, SW Park Street The above listed people presented a petition containing 186 signatures be placed at SW park Street. Concern was requesting the light not expressed regarding the egress from the Bishop Development onto Park Street. Bob Hudson, 12900 SW Pacific Highway J. B. Bishop, 4263 SE Hazelfern, Portland Wilbur Bishop, 10590 SW Cook Lane The above not concern regarding safety of the citizens and requested the light remain at Park Street. (c) After lengthy discussion between Council, staff, and the developer, Councilman Scheckla moved to direct staff to write a letter to ODOT asking whether Park Street would have enough warrants for the light if the egress fromthe Bishop property were closed off. Motion seconded by Councilwoman Stimler. Approved by unanimous vote of Council. (d) Mayor Mickelson Mated the improvement project still shows a light at the intersection of Park Street. This matter will be considered at the next regular Council meeting, (e) J.B. Bishop noted that the plans for the Johnson Street light will need some updating in the next few weeks due to a development proposal on Main Street. (f) Bob Hudson expressed concern regarding the lack of bus turn-outs in the y tated that Tri-Met was linable to come to proposed plan. Ilan Kleinschmidt s a decision regarding placement of the turnouts. RECESS 10:56 pM (Study Session) RECONVENE 11:08 PM (Study Session) 9. ,POLICE PENSION PLAN PAYMENT (a) City Administrator stated that the Banker's life actuarial report recommended a city contribution of $35,063. for the year. Since the City is able to th 4..�- r,nartt of the money, staff withholds caro t.cico v v... �. ,.... .- making payment until end of fiscal year. City Administrator recoBmieuded Council authorize payment of the budgeted amount ($49,685). (b) Councilman Brian questioned paying the full amount now and requested the ;staff split the 'payment in half to take full advantage of investment interest. (c) Consensus of Council was to direct staff to find out if the amount could be split. COUNCIL MINUTES -- June 4, 1979 = Page 3 10. SCHOOL DISTRICT BOUNDARY CHANGE. (a) City Administrator stated Nancy Robins, 12185 SW Summer Street had requested Council support school district boundary change by letter. City Administrator recommended Council not only support the island annexation area but that the whole area east of 135th Avenue and South of Scholls Ferry Road be included ;n the Tigard School District. (b) Consensus of Council was to direct staff to draft a letter for Mayor's signature. (c) Motion by Councilman Brian, seconded by Councilman Cook, to bring letter back for Council. approval at the June 11, 1979 regular meeting. Approved by unanimous vote of Council. 11DJOURNMENT: 11:20 PM (Study Session) RECONVENE: 11:20 P.M. (Special Meeting) 11. APPROVE CONSULTANT TO PERFORM! COMPUTER FEASIBILITY STUDY (a) City Administrator recommended after staff study, that Coopers Lybrand be awarded the contract for the computer feasibility study, (b) Consensus. of Council was to consider at the June 11, 1979 meeting. 12. APPROVE SDC REFUND OAKHILL INVESTMENTS (a) City Administrator stated Oakhill Investments had made improvements to SW Gaarde Street in the amount of $52,549. and now requests a full refund of the System Development Charges which they ;have paid in the amount of $11,520. Staff's recommendation was to refund the $11,520. and credit the SDC Charge on the other 'building permits they might request for their subdivision in that area. (ta) Motion by Councilman Cook., seconded by Councilman Brian to refund $11,520. and a SDC credit be issued on any .Further building permits issued for the area. Approved by unanimous vote of Council. i ADJOURNMENT: 11:30 PM (Special Meeting) ZIP/ City Recorder ; ATTEST: Mayor' f> i PAGE ;4 - COUNCIL MINUTES - June 4, 1979 Da te—__jiinA 4p- 19'79.- I 9'79_I wish to testify before the Tigard City ' Council on the following item: (Please print your name) STUDY SESSION y W '1RAi"FIC STUDYP�LAONS PACIFIC HIGHWAY' AGENDA ITEM #4r� Name, Address & Affiliation Item Description P A AA 10 rE C , P" 2 E d 3 i 's a a ♦ .4 De padment of Transportation METROPOLITAN BRANCH 5821 N.E. GL.ISAN, PORTLANDOREGON 97213 June 7, 1979 Telephone: 238-7437 Raeldon Barker City Administrator City of Tigard P.O. Box 23397 Subject: N. Tigard Interchange-Beef Bend Road Pacific Highway West (99W) Tigard TSM Traffic analysis-Park Street signal Dear Mr. Barker: Thank you for your letter of June 5,1979 concerning the subject project. Attached is a reiteration of the proposed Park Street signal and several options you requested. The traffic signal warrants section of the report is a statement of Oregon Department of Transportation (ODOT) policy. Our Policy has been adopted by the Federal Highway Administration (FHWA). As the consultant for the City of Tigard on this project, involving a state highway and federal funds, ODOT must conform to its policy. The purpose of the TSM project was improvement of traffic flow on 99W, improved access to 99W from side streets and the safety of all users of the facility. In the preliminary construction plans, ODOT included the signal at Park Street with the stipulation that a substantial portion of ,the development traffic would be accessed through the Park Street signal. ; This concession of access by the citizens testifying in September 1978, allowed sufficient warrant: for the signals justification, but more important, provided the safety factor for the total facility. In reviewing the citizen involvement to date, it is evident that the NPO is strongly divided concerning the placement of a signal at Park Street. The NP03 Chairman couuldeprovidedno position one` this issue when questioned, uU sented in September 1978 to -the City Council original plan 3A pre (option D) carefully considered' safety aspects and the' NP03'desires fic on Park Street. In addition, to not generate additional traf the original plan`placed the burden of cost for the signalization on the developer. FO(R+794.3522 a June 7, 1979 Barker/Kleirschmit page 2 N. Tigard Intch.-Beef Bend Road questiTo specifically answer tpeconstru�tsalsignal att tPark Streetld be against ODOT policy without an access from the development to Park Street since it would not meet minimum warrants. Secondly, ODOT had required the developer towfund winstallation of a traffic signal at his northaccess condition of access. This requirement was previous to council action moving the signal to Park Street. Minimum signal spacing now precludes this requirement. lans ODOT is prepared to makehan feaPark Stbeetle ysig9al willes in hr quire some presented. Eliminating reworking of the signal progressions on the project and require additional design time. There would be a monetary savings for construction with Option D, however, citizen concerns and approved development plans are of concern also. NOT Only Option A and D tfurthereaeare canconsistent pleasewith feel free policy.contact If the re is anything me. Ron Kleinschmit Project Coordinator RK/PE cc D. R. Adams M. J. Klotz J. D. McClure T. Schwab. W- W. Geibel Attachment a REITERATION OF PROPOSED TRAFFIC SIGNAL Transportation Analysis Unit Metro Branch Scenarios Considered During Project Development A Park Street - signal fully actuated. Garrett Street - Pedestrian activated signal. Development access to Park Street. No Future signal @ north access; no warrants and insufficient signal spacing. (Option feasible) B Park Street — signal fully actuated. Garrett Street signal - remove signal< No access from development to Park Street. No future signal @ north access'. (Option not,feasible) C Park Street - signal fully actuated. Garrett Street - pedestrian activated signal. No access from development to Park Street. No future signal @ north access. (Option not feasible) D Park Street - no signal . Garrett Street - signal fully actuated. No development access to Park Street. Future signal @ north access by others. (Option feasible) Traffic volumes are contained in the original traffic report of December 20, -3978. Suggested additional Traffic asignments to Park Street ;500 trips) was, seriously questioned after reviewing overall traffic volumes in the area and current counts on Johnson Street. 1985 traffic pre - dictions;'account for growth in the neighborhood area. Therefore it is felt that no 'significant' change affecting warrants was likely. v a�� 3 a Traffic Signal Warrants ;Number Description Principal Consideration 1 Minimum Vehicular Volume High traffic volumes on minor street approach. 2 Interruption of Continuous High traffic volume on main Traffic street causes excessive delay or hazard on minor street. approach. 8 liginimum Pedestrian Volume 4 School Crossing 5 Progressive Movement To maintain proper vehicle spacing and speed within an interconnected signal systern. Accident Experience Systems Warrant A common intersection of two or more major routes or their respective ramp terminals. 8 Combination of Warrants For exceptional cases -in which at least two of the first three warrants are met to the extent of 80 percent of the stated values. 3 S t� t . a OPTION WARRANTS SAFETY SHIFT IN NEIGHBORHOOD MEETS ODOT POLICY MET DEFICIENCY TRAFFIC PATT17DNS A 2 and 5 no yes (1) yes (2) B none yes (3)(6) yes (1)(4) no (5)(7) C none yes (3) yes (4) no (5) D 2 and 5 no (8) no (9) yes (10) (future) (1) Future development east of 99W would probably require access at Park Street signal. Trips to and from neighborhood area would gravitate to this signalized route. (2) + DOT recommended Option D. (3) High volume traffic entering 99W from development at non-signalized access. Development access would meet sufficient signal warrants but doesn't meet minimum spacing for signals. (4) Increased out-of-direction traffic from development via 99W to Watkins Street to Park Street to signal at Park Street and 99W. (5) , Fleets no warrants, and is ,poor planning for overall traffic needs and safety. (6) School children exposure to traffic at unsignalized intersection. (7) May unnecessarily require additional expenditure of tax dollars to 'alleviate traffic problems. (8) High volume traffic controlled by signalized intersection, (includes proposed future development east of 99W). Gaps for side street access to 99W provided (Watkins Street and Park :Street). (9) Minimum anticipated new traffic generation on Park Streets Watkins JLi CC V. (10) Yes, when warrants are diet`. Requires least' expenditure of tax dollars. Complies with NP03 plan. t i =: R, a May 23, 1979 S� Staff members of the Finance Department have been considering the question of an adequate pension contribution for the fiscal year 1,978-79 and upon the advice of the Bankers Agent, Cary Gu.rnsey, it is requested the Council make the final decision. The history regarding the city's pension contribution is as follows: Estimate for 1978-79 pension was given by Agent pxior to receipt of Bankers Life actuarial report; recommended contribution $49,685 for 23 people. The City withholds making a pension contribution until the end of the fiscal year, thereby earning interest until payment is due as well as having the benefit of the actuarial report to more accurately base our payment. The problem confronting the City is how much should we contribute to the pension fund over and above the $15,532 minimum deposit. (See attached report) . We have conflicting opinions from our auditor and insurance agent. In a prior year, Coopers and Lybrant suggested the city's payment to fund the unfunded frozen liability was too high. Currently Coopers and Lybrand recommend the city pay at least the normal contribution of $35,063 (which consists of $15,532 minimum plus $17,8.28 to apply against' 79-80 pension contribution. Only $1,703 of this payment will, apply to the city's unfunded frozen liability) , The Agent suggests the City use the amount budgeted to pay off a portion of the unfunded liability. If the Council does not authorize this payment, they will at least be informed that the money was available for payment. (The reason for this recommendation is in case of a forced retirement, the city might be placed in the position of having to fully fund the unfunded frozen liability.) Staff recommends Council authorizepayment of at least $35,063 with consideration given to an additional $5,000 to be applied to the unfunded frozen Liability. (Note: In figuring the cash carry-over we estimated spending the entire budgeted retirement appropriation) 1- 3, .r t' k, a t,f _ `J, ANALYSIS OF THE ACTUARIAL REPORT FOR City of Tigard ;S GA 30418 1 This Actuarial Valuation Report is for the plan year beginninn July 1, 1978. 55 The report provides the information you need to determine your current year contribution to the plan. A summary of the results of the valuation is as follows: Employer Normal Cost $33,360 Employer Normal Cost as Percentage of Compensation 10.00 Minimum Employer Deposit to avoid Funding Deficiency 15,532 Normal Cost plus amount to fund. the Unfunded Frozen Initial Liability over 20 years 35,063 Normal. Cost as a percentage of compensation has increased from 9.6 to 10.0%. This increase is a result of salary increases to participating mployees which were greater than had been assumed. The resulting benefit increases require a larger contribution due to the shorter period over , which they are to be funded. sy You may deposit for the current plan year any amount in excess of- the mini- mum ini mum deposit, $15,532. If you wish to follow a schedule of funding, dollar mounts are illustrated in paragraph lc page 2 of the report which will fund the Normal Cost and fund the Unfunded Frozen Initial Liability over a � definite, period of,years. Inquiries concerning your actuarial valuation report should be referred to your local Bankers Lige Group Representative, your valuation analyst-in the hou.e office, Mary A. Hannan, or your valuation supervisor, Alan E. Phillips. (The phone number in the home office is 515 -247-5572.) r October 17, 1978 Group Pension Actuarial Services E BANKERS LIFE BANKERS LIFE COMPANY DES MOINES. IOWA a 0 TRDDUC'TZQI`t j The annual Actuarial Valuation is a budgeting tool which will help you to adequately and systematically fund your pension plan. Based nn the employee data which you have supplied us, we have calculated the benefits we expect your plan: will provide in the future. To do this, we have made certain assumptions regarding rates of death, termination, disability, investment return, and salary increases (if applicable) . The funding method determines how much of the cost of these benefits is allocated to the current plan year. This report contains as analysis of the changes which have occurred during the past year and displays a range of possible deposits. These include the minimum deposit which you are required by law to make. if the results so indicate, we will recommend a particular deposit level appropriate to the future obligations of your plan. i t E BAN KED LIFE . . BANKERS LIFE_ COMPANY CIES MOINES, IOWA OP rase . . t �d ACTUARIAL VALUATION RESULTS i For the plan year beginning July 1, 1978 As of the valuation date July 1, 1978 1, Deposit Levels a. Your minimum deposit necessary for the current plan year, in order to avoid endangering the qualified status of your plata and its favorable tax treatment, is $15,532 as of the end of the plan year. If you deposit this minimum before the end of the current plan year, it may be decreased with interest at 6.5% from the end of the current plata year to the date your deposit is received. b. The dollar amounts illustrated below are the deposits required to fund your :formal Cost and to fund the Unfunded Frozen Initial Liability over a specified number of ,years. Current Plan Year Last Plan Year Period in Yearn Amount Percen�tage* nmvurt Perc`rs`a�e* -- 20 year ending 7-1-93 . $35,063 10.4% $28,786 30 year ending 7-1-03 34,673 10.4% 27,948 10.8% 2. Normal Costs Current Plan Year Last Plan Year_ Amount Per entage* Amount Percentage* Total Normal Cost $33,360 10.0% $24,815 9.6% 3. The Frozen Initial Liability is $38,152 of which $17,047 is unfunded as of the °beginning of the plan year. * Amounts are expressed as a percentage of active employee annual. compensation, which for the current plan year is $337,644. -2- BAN LIFE GF 14552£•4 BANKERS LIFE COMPANY DES MOINES, IOWA 1 010GIWA t 19 -79, THIS AGREE'. NT, Made this day of ___ _..� - - -- aindividual. a municipalityf othe State of hereinafter termed Own Or.e;on, hereinafter termed "City",er , thee CIT�ndFG theUNDFTED SEWERAGE AGENCY OF 4IASFTINCTO*I CGU.d`fY, OREGON, hereinafter termed "Agency", W I T N E S S E T H : WHEREAS, the Owner desires to construct a sewer trunk line at Owner's expense, F1 extending from an E existing City-owned sewer trunk Zine at�� San.-.,.C'1.anout- EW,, TFOM?_plan_S2...! )aud running thence --a,de��r�be.ed an t. hereto atca�h. a ed EXHIBIT „DIr _don the eade to those certain lands of. the owneransldb4� this refer.ence�'made e parttheireofa and "OESCRIPl'I0�! , denoted Exhibit A , WHEREAS, the Owner has applied to the City to approve construction of said line and to permit connection thereof to the City's line at toraaid San_ Cleanout (STA 36+01Z asst ze Oaneruhas further applied to the Agency for sewerage' dlspos,hereof e areew l.ling i the City and the Agency subject to the agreements a<<u provis: t� to grant to the Owner the privileges and uses as hereinafter set forth, s � N,-Ow, THEREFORE, in consideration of the foregoing premises, the agreements here con:.ained, the payments to be made by the Owner to the City and. the Agency pursuant to the terms hereof, and the mutual benefits to be derived by the parties, the Owner, the City and the Agency agree as follows: (1) „the owner may, upon approval by the City and the Agency of plans and specifications prepared by the Owner, -proceer3 with the constructionOfsaid sewer trunk line from the aforsaid City-owned sewer trunk line to the Owner's premises as described on the attached Exhibit "A", all at Owner's expense and cost except as herein otherwise provided. t, . (2) The Owner shall pay or cause to be paid to the City as agent for the Agency, � all connection charges as prescribed by rate ordersmasesh�oAthecsewrerrAtrunktline .ase � Owner shall bear the cost of connecting Owner p ex*er_ded, `and no connection shall be made until application therefor has been filed and approved, the connection charges paid, and all work and materials involved in the sewer service connection shall have been inspected and approved by the City and/or the Agency. (3) The rights of the Owner hereunder are subject to any charges, terms and f previsions of pre-existing contracts and the Sanitary Sewer Compliance A,reement and Bond denoted Exhibit "B" by reference made a part hereof, in addition to all pro- visions herein, •II 'i�,r'nn f roncs:r,uction r (4) Title to, and ownership of, said trunk line, UP c: Y=� -__ Of thereof;,pursuant to the terms hereof, shall vest in the City, and the City shall � n•eover in a15 respects to the same extent as the thereafter have full jurisdiction the4 City exercises 'jurisdiction' over any other sewer line within its system.' i ONE 1: i (5) The City and the Agency agree to require payment by any owner or user of premises whose lands abut upon or are to be served by the sewer trunk line herein described, within the boundaries of the area delineated on the attached plat marked Exhibit "C" and by reference made a part hereof, who shall apply to the City for connection of said premises to said line, in addition to all other connectionremisesr area a fair share amount at the rate of $0.05492 per sq. ft. of the connecting p and said amount shall be paid by such applicant prior to being issued a permit for each such connection, and the suns thus collected as and when received by the City shall be paid over to the Owner, or pursuant to Owner's direction, in partial reimbursement of Owner's costs In construction of said sewer line. Owner shall furnish to the City upon completion of construction, a sworn itemized statement of the costs incurred in connection with construction of said sewer line and the City shall be entitled to examine the records of the Owner with respect to said costs and to verify the amount thereof. Owner shall not be entitled to reimbursement for any extension of said sewer line or any connection of property to such extension, and the Owner's reimbursement shall be limited to direct connections with the sewer line constructed by Owner Reimbursement hereunder shall be limited to a period of ten (10) years and shall not exceed ninety per cent (90%) of the total cost incurred by the Owner in constructing said line. At the expiration of ten years or at such time as the reimbursement has been accomplished in accordance herewith, the Owner's rights to reimbursement hereunder shall be of no further force and effect. (6) - Zt is an express condition of this agreement that at the City's option, Owner's lands or any other lards served by said trunk line for which sewer service is made available hereunder, may be annexed to the City as and when said lands are or become contiguous to ;the City's boundaries as now the Ownersshed or hereafter extended by annexation, and execution of this agreement by .the Owner shall constitute consent to and such consent shall run with the the annexation of the above described lands, land and bind the Owner, its successors and assigns. (7) To the extent authorized by law, any sewer connection or service charge hereinabove required to be paid with respect to premises served under the terms of this ,agreement, which charge is not paid when due, shall thereupon become a lien upon such premises until paid. Said lien right shall be in addition to,,and not in lieu of, any other remedy provided by law. An executed copy of this agreement, containing a description of the lands to be served hereby, shall be recorded in the mortgage Records of Washington County, Oregon, with the intent and purpose that notice of the City's lien rights for sewer 'connection and service charges will be ,given to all purchasers: And users of portions of said lands. if and when the premises are annexed to the, City, this provision for lien shall terminate. (Q) The City sbaii not be responsible or liable for disruption or tempoary discontinuance of sewage disposal services hereunder due to hood, Bart quarte, or other act of God, or other causes beyond the governmental control of the City. (9) Each of the parties hereto shall be bound only as to those provisions hereof as to which such party may lawfully assent. l MEMORANDUM June 15, 1979 To: City Council From: City Administrator, R. R. Barker Subject.: Proposed Sewer Agreement - J. B. Bishop CONTENTS OF FIRST DRAFT The proposed sewer agreement (first draft) between the City and Mr. J . B. Bishop, considered at the May 7, 1979 City Council meeting, included the following provisions : _ 1. The City will require payment by any owner or user of premises whose lands abut upon or are to be served by the sewer trunk line installed by the developer at the rate of $ .05492 per square foot of the connecting premises area (this figure was based upon estimated costs and may change to reflect actual costs) . 2. Reimbursement shall be limited to a period of ten years and shall not exceed 90% of the total cost incurred by the owner in constructing the sewer line. 3. The owner (developer) shall furnish to the City upon completion of construction, a sworn itemized statement of the costs incurred in connection with construction of the sewer line. CAvCULATIONS _ The $.`05492 per square foot rate suggested in the first draft of the agreement was arrived at in the following manner 1. The .following lots were included :100, 200, 300 (3DD) , 700, 1700, , 1900, 4800, 6100, 6200, 300 (2CB) , & Pietro° s Tract. 2„ The total land area in the above lots amounted to 515,681 square feet. 3. The estimated installationcost for the sewertrunk line was $31,468. ' 4. The agreement provides for a 90% cost recovery; 90% of $31,468 is $28,321.20. E S. $28,321.20 515,681 sq. ft. = $ .05492 per square foot. f lot 1`70n t, to Connect to the sewer: Example: 1$ the OwI1Cr z' tali i i i va3 wan - - - - he would pay $713.96 to the City (13,000 sq. ft. x; $.05492) ;; subsequently this amount` would be forwarded to the developer. I NEW i i UNRESOLVED ISSUES According to my notes from the May 7th Council Meeting, the following items appear to be the only issues that remain unresolved concerning the proposed sewer agreement: 1. Will the developer be able to recover a portion of his costs for engineering and for City fees? 2. Precisely which land parcels shall be included in the computation for determining how much owners or users of the sewer trunk line will have to pay before they can connect to the sewer? 3. Should the developer be required to provide a sewer easement to allow Pietro's, Rebel Car Stereo and Awful Brothers Service Station to connect to the sewer line? RECM%ENDATIONS 1. That the tax lots included in the cost computations for the first draft of the sewer agreement be included i^ the final draft of the agreement (tax lots #100, 200, 300(3DD) , 700, 1700, 19005 4800, 6100, 6200, .300(2CB) , & Pietro' s Tract) . Further, that the actual cost of the sewer installation be divided by the total number of square Leet in the above referenced tax lots to determine the proper square foot rate. 2. That the developer be eligible to receive reimbursement for up to 90% of his certified engineering costs . The total engineering costs to be included in the sewer installation costs when computing the square foot rate. 3. That the developer be responsible for providing a sewer easement for the lots where Pietro's, Rebel Car Stereo and Awful Brothers Service Station are located unless he can document that these structures are going to be 'removed and that any new use of these lots will not require sewer service, i.e. will be used for parking, etc. Fx �'�?+ •yP�Pf[� ,e;7:<� y"y.;3„ .1. ts: � ' � R�'-'Q'`m' ' .-a ..b, _ � � �'t t� r1,. J �{ •:r a �.., A'-i � Kyr /`-.� ft k,. t A WEEKLY NEWSLETTER VOLUME II ISSUE IS MAX 31, 1979 SUPER :e L�?i� _' '.0 2r-Y ` i-1 31 1.x?��1 �r to ? 173uper ea inbt' Pro,gr2M on Jul-.,e _18t 1. C iiwill ill be encouraged o read more books, in exchange for "valuable prizes CCC.CO gra for a Safe trr Study. Staf f Ue have been granted a w96, b met With 5 �c't t- C_`fzcials this Slee: to co-- the necessary paperwork. Cur Iematch" Of !,6,000-100 will be "i-n-i,_ind-ser v ice, t. Strain. Engineering will do the actual. study. 7 2arn _A1':T 1-1--= 1^ i•ieade had made arran eT,.l'en is 1;Tith the Con,'ro-i- Co. on 72nd. _I ve. to use 'heir s t-eet sweeper to clear 72-rd. p iC to ct erla yI ^G the y �l r iJ 1:, i .1r�^,a O ! 't�C' ST,;e r,r in Wilsori Jll stree -Pecen ly C Ivo n xas ao and tlnred o4er '_fill:�ng tito rgg3_- in tele pr oce s e ilii► nom, be able to use the machine and are looling -'or al ez—ate me tl_ ds. lx.. The E Eineering Denczrt ent Will. submitt tnir annual Infiltration inflow Report to the County -� USA and to the State r DEQ. Friends of the library will hold a ale" ever J' third Saturday at the }i.brar y_'throughout the summer e..:o?i vns. Meade1?S hired a d2-i 7 x7 it'ul women, lls. Trudy Toney, for tine =ublic ;;or'fs Crew. Trudy will act as "parr-watch and organisers: -mss the -an Cook '?ark. L'lOTitaP_a native and recen ply On Uh_ weekends in from Seattle with Lockhee',d Shipbuilding. .a hearty welcome to STREET =F7 77�CPCSALS. Staff e�fpacts to receive four or five ;more proposals conc.erzir_g tip•' "indexing" of R9ic-ard streets.' This is in prepcara:,1On; for considers;ion_ of afinancing program to be stud by Co�zr_cil later this year.