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City Council Packet - 08/30/1982 Moog TIGARD CITY COUNCIL SPECIAL MEETING AGENDA AUGUST 30, 1982, 7:30 P.M. TIGARD CITY HALL 12755 SW ASH AVENUE, TIGARD 1. SPECIAL MEETING: 1.1 Call To Order and Roll Call 2. BOWMAN/92ND AVENUE REPORT s Director of Public Works 3. HAINES ROAD REPORT :NNEXATION Public Works Director 4. STATUS REPORT & MAP 0 Planning Director 5. OLCC APPROVAL - Manila Express (formerly Town Tavern) Finance Director 6. MAIN STREET LID #37 - INFORMAL QUOTES FOR LANDSCAPE & SIGNAL AGREEMENT o Director of Public Works 7. ORDINANCE NO. 82- CORRECTING HAMPTON STREET LID ORDINANCE o Director of Public Works 8. ORDINANCE NO. 82- CALLING FOR BIDS - LID FINANCING, FIRST SALE Finance Director 9. LID BUSINESS ACTIVITY 9.1 72nd Avenue Settlement Alternative, City Administrator ® Summary and Outline Resolution No. 82- Intent to Form District (Contingent Upon) ® Resolution No. B2--- Calling Assessment Hearing (Based On Engineer's Estimate) Cover Letter (Settlement and 9/8 Meeting) 9.2 72nd Avenue Contract Amendment Report, Public Works Director s Report and Findings s Authorize Contract Amendment 10. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (1)(i) to evalutate City Administrator's performance and ORS 192.660 (1)(f) regarding pending litigation. 11. OTHER BUSINESS AND COUNCIL COMMENTS 12. ADJOURNMENT COUNCIL AGENDA - AUGUST 30, 1982 {{ i T I G A R D C I T Y C 0 U N C I L SPECIAL MEETING MINUTES - AUGUST 302 1982 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors John Cook, Kenneth Scheckla (arriving at 7:45 P.M.) , Nancie Stimler; Director of Public Works, Frank Currie; Finance Director/City Recorder, Doris Hartig; City Administrator, Bob Jean; Planning Director, William Monahan; Legal Counsel, Tim Ramis. 2. BOWMAN/92ND AVENUE REPORT (a) Director of Public Works explained the revisions and adjustments staff was planning to make regarding installation of sidewalk. He stated to Council that staff never intended to put the five foot sidewalk in the future right-of-way, however, he felt there was a misunderstanding between the property owners and the builder. What the staff needs is dedication for right-of-way from the four property owners at some future date for future underground utilities, and the City will build the sidewalk in the existing right-of-way. The additional five feet of right-of-way is not necessary at this time to build the sidewalk. COUNCILOR SCHECKLA ARRIVED: 7:45 P.M. (b) Tim Lewis, 16135 SW 92nd Avenue, property owner requested the City pay for the five foot right-of-way as well as be reimbursed in the amount of $1,600 spent solving the minor land partition problems, etc. (c) Discussion followed with the consensus of Council being that generally the problem was between the developer and the property owner. Director of Public Works stated the City could install the sidewalk and place the cost against the developer. City Administrator recommended staff proceed without the additional dedication of right-of-way, for the completion of Kneeland Estates and the City then look into the other issues and place a claim against the bond or Mr. Bowman. Attorney suggested the Lewis' present their -!Iaim in writing to the City. (d) Motion by Councilor Stimler, seconded by Councilor Cook to proceed with improvements as recommended by staff. Approved by unanimous vote of Council present. 3. HAINES ROAD OVERPASS (a) In response to previous inquiry by the Mayor, the Director of Public works stated he had contacted the State Highway Department regarding 163 million of federal funds being turned over to all states. Director of Pu::'_=c Worki stated the amount of funds to come to the City of Tigard at this time was not known. Mrs. Ball, from the 4' audience, stated her source of information indicated the City of Tigard received one million. Director of Public Works replied he didn't have any further information at this time. Staff to report any new developments. 4. ANNEXATION STATUS REPORT & MAP i (a) Planning Director requested Council direction as to which annexations listed on memo staff should pursue. General discussion followed regarding status of various areas. Council prioritized and gave direction to staff. 5. OLCC APPROVAL - Manila Express (a) Finance Director reported Chief of Police recommended approval. Council questioned whether the restaurant use was for beer and wine only. (b) Motion by Councilor Scheckla, seconded by Councilor Cook to forward to OLCC if sales wire limited to beer and wine only. Motion carried by unanimous vote of Council present. 6. MAIN STREET LID (a) Director of Public Works requested Council approval to request informal bids for landscaping on the SW Main Street project. City staff plans to remove and salvage existing shrubs. (b) Motion by Councilor Scheckla, seconded by Councilor Cook to proceed on securing informal landscaping bids. Approved by unanimous vote of Council present. 7. SIGNAL AGREEMENT MAIN STREET LID #37 (a) Director of Public Works recommended Council approve agreement which sets out the City and State of Oregon responsibility for this project. JB Bishop, developer, discussed with Council new State concept for financing. City staff to explore and report back to Council. (b) RESOLUTION NO. 82-99 A RESOLUTION AUTHORIZING THE CITY ENGINEER TO ENTER INTO A CONSTRUCTION-FINANCE AGREEMENT FOR TRAFFIC SIGNAL INSTALLATION. (c) Motion by Councilor Cook, seconded by Councilor Scheckla to approve. Motion carried by unanimous vote of Council present: 8. ORDINANCE NO. 82-62 AN ORDINIV1 CE AMENDING ORDINANCE NO. 82-46 (LID #22) FOR A TYPOGRAPHICAL ERROR. (a) Director of Public Works explained this ordinance corrected a typographical error and recommended approval. (b) Motion by Councilor Stimler, seconded by Councilor Cook to approve. Approved by unanimous vote of Council present. PAGE 2 - COUNCIL MINUTES - AUGUST 30, 1982 a. 9. ORDINANCE NO. 82-63 AN ORDINANCE AUTHORIZING ISSUANCE OF GENERAL OBLIGATION IMPROVEMENT BONDS AND DECLARING AN EMERGENCY. (a) Finance Director reported receiving a last minute bancroft bonding application and requested the ordinance be amended to reflect an additional $33,000 in the bond sale and maturity schedule. Staff and Council thoroughly reviewed the amendments. (b) Motion to adopt ordinance, as amended, calling for bids on September 27, 1982 at 10:00 A.M. by Councilor Stimler, seconded by Councilor Cook. Approved by unanimous vote of Council present. 10. 72ND AVENUE LID SETTLEMENT ALTERNATIVES (a) City Administrator gave quick summary of the various alternatives and options available to the City and property owners. City Administrator further commented he was meeting with the property owners on September 13th and will report to Council. He further recommended all of the City's actions fit within the time limits of the legal process. If the City Council wants staff to pursue the alternative of changing the street standards, then he recommended they adopt the resolution which would set the public hearing for September 133 1982. The proposed resolution does not repeal previous resolutions and ordinances, but does set up the framework for another public hearing and changing of street specifications. City Administrator emphasized if Council was dissatisfied with any of the proposals then Council should so state and staff would go back to the original ordinance. General discussion held by Council regarding costs for 32 foot option vs savings in 40 foot option. City Administrator reviewed financial situation and costs. Option - Status Quo, 60' right-of-way - $2,450,000 $1,625,000 contract $1,475,000 assessment 555,000 r-o-w 60' 505,000 deficite assessment 270,000 legal, admin. eng. 1,975,000 assessable costs $2,450,000 475,000 city share 2,4503000 Compromise 32' right-of-way 75 - 25% city share $1,625,000 contract $1,729,000 assessable costs - 34,000 net savings r-o-w 576,500 city share 146,000 net adds $2,305,500 total 265,500 r-o-w & easements 270,000 legal, admin. eng. 5 year road 32' vs 15 year road 60' 33,000 additional engineering $2,305,000 total PAGE 3 - COUNCIL MINUTES - AUGUST 303 1982 WHOM Compromise 40' r-o-w i $1,625,000 contract $1,623,750 assessments 265,000 50' r-o-w & easements 541,250 city share 270,000 legal, admin. eng. $2,165,000 total 4,500 engineering $2,165,000 total i 3 City Administrator stated he would like to pursue the compromise and try to get to a general obligation bond sale. The alternative that staff was exploring would be a special assessment boud, although this would be less desirable. ? (b) Council continued to discuss options and Mayor Bishop commented he felt the Council has gone far beyond what is required to work out the problems and that the City is being unfairly criticized. (c) RESOLUTION NO. 82-100 DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS SOUTHWEST 72ND AVENUE AREA LID NO. 21; DESCRIBING THE PROBABLE TOTAL ASSESSABLE COST THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED: APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF THE CITY'S ENGINEER, AND SETTING A PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. (d) Motion by Councilor Stimler, seconded by Councilor Cook to approve. Approved by unanimous vote of Council present. (e) Council discussed what additional costs would be incurred with this public hearing. Staff estimated approximately $500 plus staff time. Mayor indicated he was approving only on basis resolution does not increase City costs more than discussed. (f) RESOLUTION NO. 82-101 A RESOLUTION CALLING FOR PUBLIC HEARING TO DETERMINE THE COST OF STREET IMPROVEMENTS IN THE SW 72ND AVENUE AREA LOCAL IMPROVEMENT DISTRICT (LID 421) , TO RATIFY AND ADOPT THE APPORTIONMENT AND ASSESSMENT OF THE COST TO RESPECTIVE PARCELS OF F LAND WITHIN THE DISTRICT, TO SPREAD THE ASSESSMENT AND DIRECT THE ENTRY OF ASSESSMENT IN THE LIEN DOCKET. , (g) Motion by Councilor Stimler, seconded by Councilor Cook to approve. Approved by unanimous vote of Council present. (h) Director of Public works gave engineer's summary of cost to button up project as of this date in the amount of $962,970. DeHaas commented that there were some 52 items that would need to be cleaned up. (i) Tony Maksym from audience questioned Council and staff regarding contractor's claim for damages as well as general obligation bonds and special assessment bonds. E PAGE 4 - COUNCIL MINUTES - AUGUST 30, 1982 . ( 11. HOODVIEW LID FINAL PAYMENT $19,963.11 (a) Motion by Councilor Scheckla, seconded by Councilor Stimler to approve. Approved by unanimous vote of Council present. 9:30 P.M. Council recessed into executive session. 12. EXECUTIVE SESSION: The Tigard City Council went into Executive Session under ORS 192.660 (1)(i) to evaluate City Administrator's performance and ORS 192.660 (1)(f) regarding pending litigation. 13. ADJOURNMENT: 11:30 P.M. City Recor er - City o gar ATTEST: Mayor - City of Tigard PAGE 5 - COUNCIL MINUTES - AUGUST 30, 1982 i Fil I t f 3 NOTE TO COUNCIL 'r t i s i x t The following ager-1^ items will either have items hand carried to the meeting or will be verbal reports. i 3 2, 3, part of 6, 8, & 9. t IN i ;4 f 3 i t S txt I i i i I y MEMORANDUM August 26, 1982 TO: CITY COUNCIL FROM: PLANNING STAFF RE: ANNEXATIONS Attached is a list of all areas within the Urban Growth Broundary not yet annexed to the City. The paperwork on each annexation petition will take at least ten hours for staff to complete. For that reason, staff would appreciate some direction from Council as to which areas Council would support annexation resolutions for. s�rsrrar®�r�®®® f N i i 2 W 6 Ey N 00 EE-+ a t. O ►W .7 n1 w U W rn z O f H N �a \ 6 M a C) a as v co z d � � o to a) E O " E a) E 0 o � U Ot f"1 4 1 4 1 1J t E-1 i 1 i4 rte{ r 4 t-4 o 21 @ E W O O U U W U U y F4 H U i W O M )-1 ^Q) T) p' O a) C) a) a) Q) a) a) a) N a) a co y En � O 3 s1 4.1 4J 4.1 4.1 tJ 4.1 +r1 41 41 4-1 to to to to a) w p P >4 p H $4 a) v ar 0 a) a) a) v JJ ca ca ct) ca co cc co ca ctf to cq 41 U U U U �+ u 41 A � y41 :..t a.) 41 ,-i sj 41 a.1 (1) O O O O w a) d ; 0 co V) N V) to to to in M fn 4 Y1 i4 F4 P r4 --4 r--1 q 41 i 41 04 a.1 4Ja r 1 .1 .1 r+ a 1 a 1 u E a sL R F E E E z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 q 0 0 0 A C C 0 G 0 0 U •'+ —4 •r1 • 4 U U U y O o w C-) 'xi w q:l i co to ri N M V'1 H O QQ '4 1-4 O H y G o N U RS �+ N " a-+ �4 HV3n a *-1 H O W cd b0 $4 r^i 4.1U Q a O 41 co —4 G :3 N � cp c0 N }a 0 C: ¢. > °ca O Mme- U W C07 fC H 'rte `x + 3 Z w Cd A A CL 'aG .7 U i � O+ K �' E I WAR cr' Approyed: L.E. George MCH:pf 8/18/82 Misc. Contracts & Agreements No. 7734 CONSTRUCTION-FINANCE -AGREEMENT TRAFFIC SIGNAL INSTALLATION THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, Highway Division, hereinafter referred to as "State"= and the CITY OF TIGARD, a municipal corporation of the State of Oregon, acting by and through its City Officials, hereinafter referred to as "City". W I T N E S S E T H RECITALS 1. The Pacific Highway West, State Primary Highway No. 1W, is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission, and Main Street is a part of the city street system under the jurisdiction and control of the City of Tigard. 2. State and City in their judgement have deemed it necessary and desirable, in order to maintain a safer and more expeditious flow of traffic, to construct certain roadway improvements and install traffic control signal equipment on the Pacific Highway West at Main Street, hereinafter referred to as "project-11. 3. By the authority granted in ORS 366.770 and 366.775, State may enter into cooperative agreements with the various counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. Traffic signal work on the project shall conform to the current state standards and specifications. 4. By the authority granted in ORS 487.850, State is authorized to determine the character or type of traffic control signals to be used, and to place or erect them upon state highways at places where state deems necessary for the safe and expeditious control of traffic. No traffic con- trol signals shall be erected or maintained upon any state highway by any authority other than State, except with its written approval. NOW, THEREFORE, the premises being in general as stated in the fore- going RECITALS, it is agreed by and between the parties hereto as follows: STATE OBLIGATIONS 1. State shall , at City expense, assign a liaison person to monitor all work performed by the City, or its contractor, within the right-of-way of the Pacific Highway West, and to provide intermittent inspection and grade checking services during the construction phase of the project to assure conformance with State standards and specifications for highway construction. 2. State shall, at amity expense; perform- all preliminary engineering and design work required to prepare plans, specifications and estimates for the traffic signal portion of the project, advertise for bid proposals, award all contracts and, upon award of a construction contract, furnish all construction engineering, material testing, technical inspection and project manager services for administration of the contract. The traffic signal installation may be accomplished by the use of state forces, by con- tract or by any combination of these methods, as the State shall elect. 3. State shall issue the necessary permits for work by others to be performed within state highway right-of-way, and shall review and approve all plans and specifications prepared by City, or its Consultant, prior to any work proceeding within state highway jurisdiction. 4. State shall, upon completion of the project, perform all necessary maintenance for operation of the traffic signal equipment installed on the Pacific Highway West, retain complete jurisdiction and control of the timing established for said traffic signals and maintain that portion of the roadway lying within state highway jurisdiction, at its own cost and no expense to City. 5. State shall, at City expense, lay out and paint the necessary lane lines and channelization, install thermoplastic pavement markings and erect the required directional and traffic control signing on the Pacific Highway West. 6. State shall compile accurate cost accounting records and, when the F actual total cost of the project has been computed, furnish City with an itemized statement of said costs, including preliminary and construction engineering, contractor payments, utility adjustments and all contingency items attributable to the project. CITY OBLIGATIONS 1. City shall, upon execution of this agremeent, forward to State an advance deposit in the amount of $ £3.500.00 , said amount being equal to 100 percent of the estimated total cost of preliminary engineering and design work for the traffic signal installation. 2. City shall, within 20 days following the opening of construction bid proposals, forward to State an advance deposit in an amount equal to -2- i i i " Y 100 percent of the estimated total cost of the traffic signal instal- lation. No contract shall be awarded or work proceed until said advance deposit has been received by the State. The City reserves the right to request the State to reject all bids if the apparent low bid exceeds the engineer's estimate by 10 percent or more. Upon completion of the project and receipt from State of an itemized statement, City shall pay any amount which, when added to said advance deposits, will equal 100 percent of the actual total cost of the project, _.. including preliminary and construction engineering, contractor payments, utility adjustments and all contingency items attributable to the project. Any portion of said advance deposits which is in excess of the actual total cost of the project will be promptly refunded to City. 3. City shall , upon completion of the project, accept all responsi- bility for, and pay all costs of electrical energy consumed in operation of the traffic signal equipment. i 4. City shall adopt a resolution authorizing its designated City Officials to enter into and execute this agreement for and on behalf of the City, and a copy of said resolution shall be attched hereto and become a part hereof. t t -3- C s c t MUTUAL OBLIGATIONS F 1. State and City mutually agree and understadthto advertisementt a mutual ew of the plans and cost estimates will be conducted prior for construction bid proposals. IN WITNESS WHEREOF, the parties hereto have set their hands and E affixed their seals as of the day and year hereinafter written. ' adoptedCity by acted in this matter in accord with Resolution No. %. 1982- its 1:982_ t its City Council on the - s The Oregon Transportation Commission, by a duly adopted delegation act in 4 n to order, authorized its Chairman ov al for 9 Vice Cth smagreement was�givents honf �n - 2 approving this agreement. ApprovThe Bele by ineer to sign this agree- gation order also authorizes the State Highway Eng ment for and on behalf of the ortation. Said Commission�ority is set forth in the Minutes of the Oregon P 4 STATE OF OREGON, by and through APPROVAL RECOMMENDED its Department of Transportation, Highway Division By Region Engineer By State Highway Engineer Date CITY OF TIGARD, by and through its City officials By Mayor By City Recorder -4- �.��fiw SO M EM X"M G - tc CITY OF TIGARD, OREGON RESOLUTION No. 82- A RESOLUTION CALLING FOR PUBLIC HEARING TO DETERMINE THE COST OF STREET IMPROVEMENTS IN THE S.W. 72ND AVENUE AREA LOCAL IMPROVEMENT DISTRICT (LID #21), TO RATIFY AND ADOPT THE APPORTIONMENT AND ASSESSMENT OF THE COST TO RESPECTIVE PARCELS OF LAND WITHIN THE DISTRICT, TO SPREAD THE ASSESSMENT AND DIRECT THE ENTRY OF ASSESSMENT IN THE LIEN DOCKET. WHEREAS, the Council has, by Resolution No. 82- on August 30, 19822 authorized and directed that the street improvements within the boundaries of the S.W. 72nd Avenue Area Street Local Improvement District (LID #21), as bounded and described in said resolution, be undertaken, and that that work should be completed; and WHEREAS, the Council declares that the total assessable cost of the improvements within the boundaries of the Improvement District will be the sum of $1,981,088.92 including right-of-way acquisition costs in excess of $50,000, and the Council further finds that all lots, parcels or parts of lots within the boundaries of the District as defined in said resolution are specially benefited and together shall bear equitable shares of the cost of the improvement; and WHEREAS, the Council further finds that the apportionment of the cost of the improvement upon each lot, part of lot or parcel, as prepared by the City, and as set forth in the attached schedule, entitled "S.W. 72nd Avenue Area Local Improvement District 921," which by reference is made a part of this Resolution, is according to the special and peculiar benefits accruing to each from the improvements; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD AS FOLLOWS: Section 1: That the City Council - does hereby deem it expedient and necessary, and does hereby declare its intention to make assessments on the aforesaid portion of S.W. 72nd Avenue Area LID. Section 2: The Council further finds that the City Recorder of the City of Tigard be, and she is hereby, directed to give notice by mail or cause to be personally delivered to the owner of each lot or tract proposed to the assessed a notice of assessment, which notice shall state the amount of the assessment proposed on that property and also state a date by which time objections should be filed with the City R order. Section 3: That Monday, the 13th day of September, 1982, at the hour of 7:30 P.M. , at Fowler Junior High School Lecture Room, 10865 SW Walnut, Tigard, Oregon, be and the same are hereby set as the time and place for hearing and considering objections or remonstrances to the proposed improvement by any parties aggrieved thereby. The City Council at that time shall determine the assessment to be property apportioned according to the special and peculiar benefits accruing to each parcel, part of lot, or lot within the Improvement District. Each lot, parcel, or part of lot is designated in the attached apportionment schedule as herein attached and made a part of this resolution. Section 4: That the City Recorder be, and she is hereby, directed to publish a notice of the hearing in the Tigard Times, issue of September 2, 1981. Section 5: Within ten days from the date of the publication of the notice of this assessment hearing, written objections or remonstrances against the proposed final assessment may be made and filed with the City Recorder. PASSED: By vote of all Council members present, this day of August, 1982. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard IC Page 2 RESOLUTION No. 82 (File 0309A) Id DE HAAS & ASSOCIATES, INC. CONSULTING ENGINEERS&SURVEYORS t .. SUITE 445-AGC CENTER WILSONVILLE. OREGON 97070 9450 S.W. COMMERCE CIRCLE (503) 682-2450 PRELIMINARY ENGINEERS REPORT L.I .D. No. 21 SOUTHWEST 72nd AVENUE AREA STREET IMPROVEMENTS TIGARD, OREGON (REVISED PROJECT - 32ft OPTION - AUGUST 30, 1982) This Engineers Report relates to the identical project as approved and currently under contract and construction with such revisions as are outlined hereinafter. Plans for the project are attached and consist of 36 sheets entitled "STREET IMPROVEMENT PLAN for S.W. 72nd tarAVEe AREA - L.I.D. nsis dated December, 1981. Specifications for the project are attached and are entitled "Contract Documents For The Construction of L.I .D. 21, S.W. 72nd Avenue Area Street Improvements" , dated February, 1982, including Addendum No.l. * The Conceptual intent leading to proposal of the revised project proposed, and the subject of this PRELIMINARY ENGINEERS REPORT, is to reduce the width of the roadway, llowing for less right-of-way taking and taking allowing reduced construction costs, a of easements at no cost in lieu of right-of-way. The ultimate goal intended is to reduce the total right-of-way costs to as close to a $50,000.00 figure as possible. Revisions proposed are as follow: 1. 72nd Ave. would be reduced in width (curb to curb) from the basic 40 foot i width to a basic 32 foot width, except for those intersection points where k special channelization and width is necessary, namely: a. South of Boones Ferry Road. b. North of Carman Drive. c. North and South of Bonita Road. d. Taper to State project at Fir Street. e. The two railroad crossings. Z. A four (4) foot curbline sidewalk would be constructed on one side throughout the entire project. 3. Efforts will be made to reduce the costs of right-of-way taking by reducing such basic taking to a total of ten (10) feet and thereby reducing the basic total right-of-way proposed from 60 feet to 50 feet. t PRELIMINARY ENGINEERS REPORT Page 2 Estimated effects on costs are as follow: 1. Construction Costs. a. Narrowing the width from 40 ft to 32 ft over not more than 650 of the project 7700 ft Save $ 86,000.00 b. Adding sidewalks. Add 52,000.00 c. Payment for work already done at the 40 ft level . Add 15,000.00 d, Adjust or tear out construction to accomodate new curb locations. Add 30,000.00 e. Loss of prime construction season. Cost of negotiating increase equivalent to the Construction Cost Index. Add 76,000.00 f. Potential winter maintenance costs. Add 25,000.00 g. Other possible damage claims. Add unknown 2. Legal , Administrative & Engineering Costs . a. Engineering re-design fees . Add 23,000.00 b. Legal & Administrative. Add 10,000.00 (Sub Total Add $145,000.00) 3. Richt-of-llay Costs. To date, honorabl e commi ttments for ri ght- of-wa_y have been made in the amount of $282,430.00. Council could probably legally retract a number of committments, reach- ing a minimum figure of $178,921.00. The retracted committments would have to be renegotiated on the basis of a 5 ft taking rather than 10 ft (if possible) and in the form of an easement if the property owner is willing to donate as such, or as right-of-way if he demands to be paid. After reviewing the project revision proposal , it is estimated that perhaps a total of 16 acquisitions would be possible where the taking could be squeezed down to 5 feet. The appraised reduction in taking would total $72,786.00. Of the properties where 10 ft has already been legally taken or occupied, we see only two (2) instances where 5 ft would squeeze the city by. It is conjec- ture that these owners might purchase the 5 ft back from the city in the face of the prospect that the city in the future, following long-standing procedures, would require dedication at no cost as a part of future development approval . Constant and persistant right-of-way negotiations have been conducted over a period of more than four months. Of 41 principal takings, 34 have been either consumated or committed. The seven parcels yet to be committed are all local . f It is our considered opinion that few, if any of the property owners would be willing to convey easements to the city at no costs in lieu of being paid right-of-way. Some may safely tender on offer to do so with the proviso that everyone else would follow suit. This, of course will never happen. The spread- ing of assessments over a far wider range than just the fronting properties PRELIMINARY ENGINEERS REPORT Page 3 dictates that only a minor reduction in assessment would rb received by fronting property owners. should they forego pay ment forIn evaluating all the foregoing, it is our conclusion that best efforts at reducing the right-of-way takings to 5 ft where possible and to easements, costs by a if any owner would dediCostsafor allcost, thewould otherreduce andthe procedures 00necessary projected $72,786.00. Cos to exhaust the suggested renegotiations are estimated at $20,0 In summary, it appears that the deficit assessment for rightway costs uld exceeding $50,000-00. currently estimated at $505,000.00, could be reduced by approximately $50,000.00. Let's assume $100,000.00 as an outside pos 0100 ity. Save $ 100,00 Net Add $ 145,000.00 seen that the cc,nce tual intent of this of-way ft costssal arels not reducedmet. * In conclusion, It is cost is The construction costs are increased by 145,000.00• Right-of-way the total project by $50,000.00 or certainly no more than $100,000.00. Thus, ro ect is delayed at all . ;. increased by at least $45,000.00 to ccur�000�he�currentepexposure is there for much more. t Many of these cost increases well o the consequences of It is our recommendation that the council weigh very carefully embarking on the subject 32 ft proposal . Sincerely, MARLIN . DE HAAS, P.E. MJD/jd cc: 80.194.118 Attachments d ISE HAAS & ASSOCIA'TES, INC. C0NSULTING ENGINEERS&SURVEY0RS SUITE 445-AGC CENTER WILSONVILLE, OREGON 97070 9450 S.W. COMMERCE CIRCLE (503) 682-2450 August 29, 1982 Frank A. Currie, P.E. Director of Public Works City of Tigard 12755 S.W. Ash Ave. P.O. Sox 23397 Tigard, Oregon 97223 Dear Frank: Attached is our minimum estimate of costs currently committed and necessary to be expended if the council should order the 72nd Avenue LID project stopped effective August 30, 1982. No mention or accounting has been made of the likely chance of continuing litigation along with the legal exposure and maintenance costs, all of which could be overwhelming. Sincerely, i T MARLIN J. DE HAAS, P.E. MJD/jd Attachment cc: 80.194.118 BUTTON-UP COSTS (If decision made 8/30/82) Preliminary Engineering (Planning) Construction $ 45,040 Paid to date $218,300 Estimate for August, 1982 52,250 Pay up Retainage 13,500 Button-up work 69,300 Offset for Mat`ls, Ordered or Produced 50,000 Allowance for Staging, etc. 25,000 $428,350 Final Design Engineering 99,295 Inspection Services (Engr. ) 5,260 Field Surveying (Engr.) 56,400 Alt. Design Est. (28 ft w/ditch & shouldr. )(Engr. ) 5,230 Alt. Design Est. (Revision to 32 ft)(Engr.) 2,470 Misc. other services requested by city (Engr. ) 2,000 R/W & Easements (min.) 265,575 Legal (Excluding R/W & Easements) 2,240 City Administration 5,355 Sub Total : $917,115 Contingency 5%: 45,855 Grand Total Button-up Costs: $962,970