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City Council Packet - 02/13/1989 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an w REGULAR MEETING AGENDA agenda item needs to sign on the appropriate H BUSINESS AGENDA - CAIN sign-up sheet(s). If no sheet is available, FEBRUARY 13, 1989, 6:30 P.M. ask to be recognized by the Chair at the start H TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are 13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters H U) H W TIGARD, OREGON 97223 can be set for a future Ap,enda by contacting either the Mayor or City Administrator. 6:30 0 STUDY SESSION: EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), 6 (h) to discuss labor relations, real property transactions, and current and pending litigation issues. TITLE 18 - TIGARD MUNICIPAL CODE REVIEW - PRESENTATION AND DISTRIBUTION OF MATERIAL FOR COUNCIL REVIEW 0 Community Development Staff 7:30 1. BUSINESS MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items 7:355 2. VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please) 7:40 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: January 16, 23 and 30, 1989 3.2 Receive and File: Council Meeting Calendar Update 3.3 Initiate Swanson's Glen Utility Easement Vacation - Res. 4 89-10 3.4 Initiate Tech Center Business Park Easement Vacation-Res. 0 89-LL 3.5 Approve Policy Statement-Single Owner LID Pormatioa-Res. 089 -1,,~- 3.6 Approval to the Amendment of a Previous Agreement with Oregon Department of Transportation - Beaverton-Tualatin Highway at McDonald - Resolution No. 89-x_ 3.7 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB): Street Design Consultants Adjourn LCRB Meeting; Reconvene Council Meeting 7:45 4. PUBLIC HEARING - S.W. 79th AVENUE STREET LIGHTING LID To consider written objections to the individual proposed final assessments on properties: o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council - Ordinance No. 89-Of 8:00 5. PUBLIC HEARING - TEMPORARY STREET CLOSURE - S.W. NORTH DAYOTA To consider the temporary closure of S.W. North Dakota Street at the north boundary of Anton Park Subdivision. The location of the proposed closure is north of Tony Court and south of Springwood Drive. 0 Public Nearing Opened 0 Declarations Or Challenges 0 Summation By Community Development Staff 0 Public Testimony: Proponents, Opponents, --Cross Examination 0 Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed 0 Consideration By Council: Nation for Final Order COUNCIL AGENDA - FEBRUARY 13, 1989 - PAGE 1 9:00 6. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 88-18 HELM - NPO 03 Request to annex approximately 5.10 acres into the City of Tigard and to change the zone from Washington County R-6 to City of Tigard R-4.5 , (Residential 4.5 units/acre). Location: 11575 S.W. Beef Bend Road (WCTM 2S1 10 BD TL 1700, TL 1900 and a portion of TL 1800). o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Res. No. 89-,/L/ & Ordinance No. 89-OZ 9:15 7. PUBLIC HEARING - PUBLIC ACCESS EASEMENT VACATION - S.W. 81ST AVENUE Consideration of a proposed vacation of an unimproved public access easement also known as a portion of S.W. 81st Avenue in the City of Tigard. The request was initiated by City Council on Januiry 9, 1989, at the request of Waverly Construction. o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Ordinance No. 89-0 9:30 S. PUBLIC HEARING - PUBLIC ACCESS EASEMENT VACATION - S.W. DORBURN PLACE Consideration of a proposed vacation of an unimproved public access easement also known as S.W. Dorburn Place, in the City of Tigard. The request was initiated by City Council on January 9, 1989, at the request of Titan Properties, Inc. a Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff t o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Ordinance No. 89-0 9:45 9. CONSIDERATION OF CREATION OF CITY CENTER DEVELOPMENT AGENCY (CCDA) - ORDINANCE NO. 89-G5 o Community Development Staff 10:00 10. NON-AGENDA ITEMS: From Council and Staff 10;05 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 10:15 12. ADJOURNMENT cw/8971D OOtJNCIL AGENDA - FEBRUARY 13, 1989 - PAGE 2 i I i t. TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an 4 REGULAR fIEF,TING AGENDA agenda item needs to sign on the appropriate BUSINESS AGENDA - CATV sign-up sheet(s). If no sheet is available, FEBRUARY 13, 19B9, 6:30 P.M_ ask to be recognLred by the Chair at the start TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are 13125 SW HALL BLVD. asked to be to 2 minutes or less. Longcr matters } TIGARD, OREGON 97223 can be set for a future Apenda by contacting either the Mayor or City Administrator. 6:30 PM o STUDY SESSION: EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), 6 (h) to discuss labor relations, real property transactions, and current and pending litigation issues. t TITLE 18 - TIGARD MUNICIPAL CODE REVIEW - PRESENTATION AND DISTRIBUTION ! OF MATERIAL FOR COUNCIL REVIEW o Community Development Staff 7:30 PM 1. BUSINESS MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non Agenda Items 2. VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please)' c 3. CONSENT AGENDA: These items are considered to be routine and may be e 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: January 16, 23 and 30, 1989 3.2 Receive and File: Council Meeting Calendar Update 3.3 Initiate SwBason's Glen Utility Easement Vacation - Res. 1 89- 3.4 Initiate Tech Center Business Park Easement Vacation-Res. 1 89 1 3.5 Approve Policy Statement-Single Owner LID Formation-Rea. 189- 3.6 Approval to the Amendment of a Previous Agreement with Oregon Department of Transportation - Beaverton-Tualatin Highway at McDonald - Resolution No. 89- 3.7 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB): Street Design Consultants Adjourn LCRB Meeting; Reconvene Council Meeting f 1 4. PUBLIC HEARING - S.W. 79th AVENUE STREET LIGHTING LID To consider written objections to the individual proposed final assessments on properties: ' o Public Hearing Opened o Declarations Or Challenges f o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments t o Public Nearing Closed { o Consideration By Council - Ordinance No. 89- 5. PUBLIC HEARING - TEMPORARY STREET CLOSURE S.W. NORTH DAKOTA To consider the temporary closure of S.K. North Dakota Street at the north boundary of Anton Park Subdivision. The location of the proposed closure is north of Tony Court and south of Springwood Drive. 0 Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff f o Public Testimony: Proponents, Opponents,-Cross Examination 0 Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Motion for Final Order f 1 COUNCIL AGENDA - FEBRUARY 13, 1989 - PAGE 1 6. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 88-18 HELM - NPO 13 Request to annex approximately 5.10 acres Into the City of Tigard and to change the zone from Washington County R-6 to City of Tigard R-4.5 (Residential 4.5 units/acre). Location: 11575 S.W. Beef Bend Road (WCTM 2S1 10 BD TL 1700, TL 1900 and a portion of TL 1800). o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Res_ No. 89- & Ordinance No. 89- 7. PUBLIC HEARING - PUBLIC ACCESS EASEMENT VACATION - S.W. 81ST AVENUE Consideration of a proposed vacation of an unimproved public access easement also kaown as a portion of S.W. 81st Avenue in the City of. Tigard. The request was initiated by City Council on January 9, 1989, at the request of Waverly Construction. o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Ordinance No. 89- 8. PUBLIC HEARING - PUBLIC ACCESS EASEMENT VACATION - S.W. DORBURN PIACE Consideration of a proposed vacation of an unimproved public access easement also known as S.W. Dorburn Place, in the City of Tigard. The request was initiated by City Council on January 9, 1989, at the request of Titan Properties, Inc. o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Ordinance No. 89- 9. CONSIDERATION OF CREATION OF CITY CENTER DEVELOPMENT AGENCY (CCDA) - ORDINANCE NO. 89- 0 Community Development Staff 10. NON-AGEND& ITEMS: From Council and Staff 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), 6 (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 12. ADJOURNMENT ca/8971D COUNCIL AGENDA - FEBRUARY 13. 1969 - PAGE 2 AGENDA UPDATE TIGARD CITY COUNCIL MEETING OF 2/13/89 o STUDY SESSION: EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:35 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. Exec session recessed: 6:55 p.m. Agenda Review TITLE 18 TIGARD MUNICIPAL CODE REVIEW - PRESENTATION AND DISTRIBUTION OF MATERIAL FOR COUNCIL REVIEW 1. BUSINESS MEETING: Call To Order and Roll Call - All CC present 2. VISITOR'S AGENDA No one spoke 3. CONSENT AGENDA: 3.1 Approve Council Minutes: January 16, 23 and 30, 1989 3.2 Receive and File: Council Meeting Calendar Update 3.3 Initiate Swanson's Glen Utility Easement Vacation - Res. # 89-10 3.4 Initiate Tech Center Business Park Easement Vacation.-Res. 89-11 3.5 Approve Policy Statement-Single Owner LID Formation-Res. #89-12 3.6 Approval to the Amendment of a Previous Agreement with Oregon Department of Transportation - Beaverton-Tualatin Highway at McDonald - Resolution No. 89-13 3.7 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB): Street Design Consultants Adjourn LCRB Meeting; Reconvene Council Meeting Jo/Sc UA 4. PUBLIC HEARING - S.W. 79th AVENUE STREET LIGHTING LID To consider written objections to the individual proposed final assessments on properties. o Public Hearing Opened o Public Hearing Closed o Consideration By Council - Ordinance No. 89-01 Ea/Jo v A 5. PUBLIC HEARING - TEMPORARY STREET CLOSURE - S.W. NORTH DAKOTA To consider the temporary closure of S.W. North Dakota Street at the north boundary of Anton Park Subdivision. The location of the proposed closure is north of Tony Court and south of Springwood Drive. o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff- o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Motion for Final Order: Ea/Sc - Deny request for temporary closure of S.W. North Dakota and review alternatives to alleviate traffic problems in area; 4-1 Jo Nay COUNCIL AGENDA - FEBRUARY 13, 1989 - PAGE 1 6. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 88-18 HELM - NPO #3 Request to annex approximately 5.10 acres into the City of Tigard and to change the -zone from Washington County R-6 to City of Tigard R-4.5 (Residential 4.5 units/acre). Location: 11575 S.W. Beef Bend Road (WC:TM 2S1 10 BD TL 1700, TL 1900 and a portion of TL 1800). o Public Hearing Opened o Public Hearing Closed o Consideration By Council: Res. No. 89-14 Ea/Sc UA; Ordinance No. 89-02 Jo/Ka UA 7. PUBLIC HEARING PUBLIC ACCESS EASEMENT VACATION - S.W. 81ST AVENUE Consideration of a proposed vacation of an unimproved public access easement also known as a portion of S.W. 81st Avenue in the City of Tigard. The request was initiated by City Council on January 9, 1989, at the request of Waverly Construction. o Public Hearing Opened o Public Hearing Closed o Consideration By Council: Ordinance No. 89-03 Jo/Sc UA 8. PUBLIC HEARING - PUBLIC ACCESS EASEMENT VACATION - S.W. DORBURN PLACE Consideration of a proposed vacation of an unimproved public access easement also known as S.W. Dorburn Place, in the City of Tigard. The request- was initiated by City Council on January 9, 1989, at the request of Titan Properties, Inc. o Public Hearing Opened o Public Hearing Closed o Consideration By Council: Ordinance No. 89-04 Sc/Ka UA 9. CONSIDERATION OF CREATION OF CITY CENTER DEVELOPMENT AGENCY (CCDA) - ORDINANCE NO. 89-05 Jo/Ea UA - 1st Reading; 2nd reading scheduled for 2/27/89 10. NON-AGENDA ITEMS: None 11. EXECUTIVE SESSION: The Tigard City Council wentgo into Executive Session at 10:08 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 12. ADJOURNMENT: 10:45 p.m. cw/8971D COUNCIL AGENDA - FEBRUARY 13, 1989 - PAGE 2 l 2-/. I T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES - FEBRUARY 13, 1989 - 6:30 P.M. 1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn Eadon, Valerie Johnson, Joe Kasten, and John Schwartz (arrived at 6:39 p.m.); City Staff: Pat Reilly, City Administrator; Ed Murphy, Community Development Director; Chuck Corrigan (for first Executive Session only) and Ken Elliott, Legal Counsel; Catherine Wheatley, Deputy City Recorder; and Randy Wooley, City Engineer. 2. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:35 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. Executive Session recessed at 6:55 p.m. 3. STUDY SESSION: a. Council and staff reviewed agenda items: City Engineer distributed minutes from the February 9, 1989 Transportation Advisory Committee (TAC) wherein the TAC unanimously voted against a recommendation for closure of a portion of S.W. North Dakota Street. There was discussion on Agenda Item No. 6 (Helm Annexation Proposal). It was noted that Bev Froude (CPO 464) had expressed concerns with access and transportation issues. Also discussed were potential drainage problems should the property be developed. It was noted that Council would be considering annexation of the property at this time and development issues would be handled separately at a later time. b. Councilor Johnson noted representatives from the 1988 World Champion Girls Softball team from Tigard may be present during the Visitor's Agenda portion of the meeting. This group plans to request a sign to be placed on the Welcome to Tigard signs at each end of Highway 99. 4. VISITOR'S AGENDA: No one testified. 5. CONSENT AGENDA: 5.1 Approve Council Minutes: January 16, 23 and 30, 1989 5.2 Receive and File: Council Meeting Calendar Update 5.3 Initiate Swanson's Glen Utility Easement Vacation - Resolution No. 89-10 5.4 Initiate Tech Center Business Park Easement Vacation - Resolution No. 89-11 5.5 Approve Policy Statement - Single Owner LID Formation - Resolution No. 89-12 5.6 Approval to the Amendment of a Previous Agreement with Oregon Department of Transportation - Beaverton-Tualatin Highway at McDonald - Resolution No. 89-13 Page 1 - COUNCIL MINUTES - FEBRUARY 13, 1989 5.7 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB): Authorize Contracts for Engineering Services (Street Design Consultants) Adjourn LCRB Meeting; Reconvene Council Meeting Councilor Schwartz briefly described the projects affected by Item No. 5.7. This agenda item would authorize contracts for engineering services negotiated for two Road Bond projects scheduled for 1989 construction approved by the voters in November 188. Motion by Councilor Johnson, seconded by Councilor Schwartz, to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. 6. PUBLIC HEARING - S.W. 79th AVENUE STREET LIGHTING LID To consider written objections to the individual proposed final assessments on properties. i a. Public hearing was opened. b. There were no declarations or challenges. C. Staff summation: On January 23, 1989, Council received the final engineer's report for the subject local improvement district and set February 13, 1989 as the hearing date on the final assessment roll. Any objection: were to have been submitted in writing j prior to the hearing. None were received. d. Public Testimony: There was none. e. Staff recommendation: Approve the ordinance as submitted to Council. f. Public hearing was closed. g. ORDINANCE NO. 89-01. AN ORDINANCE DETERMINING THE FINiUl, COST OF THE IMPROVEMENTS IN THE SW 79TH AVENUE STREETLIGHTING LOCAL IMPROVEMENT DISTRICT, APPORTIONING THE COST AMONG THE BENEFITTED PROPERTIES, SPREADING THE ASSESSMENT, AND DIRECTING THE ENTRY OF ASSESSMENTS IN THE LIEN DOCKET AND SETTING THE INTEREST RATE. h. Motion by Councilor Eadon, seconded by Councilor Johnson, to adopt Ordinance No. 89-01 as amended to note that no objections have been received. The motion was approved by a unanimous vote of Council present. Councilor Schwartz noted residents were given the option of making payments on the assessed amount through provisions contained in Ordinance No. 89-01. 7. PUBLIC HEARING - TEMPORARY STREET CLOSURE - S.W. NORTH DAKOTA To consider the temporary closure of S.W. North Dakota Street at the north boundary of Anton Park Subdivision. The location of the proposed closure is north of Tony Court and south of Springwood Drive. Page 2 - COUNCIL MINUTES - FEBRUARY 13, 1989 1 a. Public hearing was opened. j b. There were no declarations or challenges. C. Summation by City Engineer: It was noted this item was before Council in December 1988, at which time Council agreed to consider temporary closure of the street at a public hearing once there had been enough time for the Council's advisory boards to E comment on the issue. The advisory boards met jointly in January r and heard the neighborhood's presentation. Recommendations were now available from the Planning Commission, NPO, and the Transportation Advisory Committee (TAC). r i City Engineer noted Council's meeting packet contained a written analysis on the issue. This analysis was also provided to the E Planning Commission and other advisory boards. d. Public Testimony Proponents t o Mark Lamantia, 11110 S.W. 124th Place, Tigard, Oregon and Jeanne Rohlff, 12430 S.W. North Dakota testified together. Ms. Rohlff advised the neighborhood representatives had met with the Planning Commission, NPO & Transportation Advisory Committee. She noted the Planning Commission vote concerning a temporary closure failed, three to three, with one abstention. Of the three who were opposed, two Commissioners felt other alternatives should be tried before a temporary closure; the other Commissioner who voted "No" noted concerns tt about Summerlake residents' access into the Tigard area. All individuals on the Planning Commission agreed that the street presented a significant problem to the area. Ms. Rohlff commented that this Council meeting marked the one-year anniversary of the neighborhood's meetings with the City on this item. Highlights of the key points of their proposal were: 'i o A road petition which requested permanent closure in April 1988 and the subsequent change of that request for temporary closure at the Council's suggestion in December 1988. o Ms. Rohlff submitted pictures illustrating the proposed temporary closure site. o There were a significant number of empty lots in the subdivision which were detracting from the surrounding area. o The site of the temporary closure should not negatively impact residents of the surrounding areas. Closure would affect those who were using the street as an extension of a minor arterial or major collector street. Page 3 - COUNCIL MINUTES - FEBRUARY 1.3, 1989 c o S.W. North Dakota Street was of unique configuration. It was the only street in Tigard where a minor collector, was directly fed by a minor arterial ('15th Avenue). The street usage is different from th-t dictated by the Comprehensive Plan, since the minor collector street is intended to take traffic from the residential streets and deliver it onto a major collector. o Measurements by the City of Tigard have shown that traffic increased over a six-month period by 25 percent at speeds in excess of 50 mph. o The Planning Commission suggested the use of barrels to test whether barriers might be appropriate for this street and whether they would help control traffic. Ms. Rohlff submitted pictures illustrating visibility limitations because of the angle of the street from 125th Place. She noted that cars negotiating the curve on S.W. North Dakota commonly cut to the center of the road. Barrels may assist in averting the traffic to one side or the other, but as illustrated in the pictures, the visibility along the street was at such an angle that cars must pull significantly into the street before the motorist could see whether traffic was coming from the right in order to make a left turn. o City Engineer's memorandum, dated January 20, 1989, outlined impacts to surrounding neighborhoods. Ms. Rohlff advised the neighborhood agreed with much of the City Engineer's memorandum, but also noted closure would positively impact some of the surrounding areas to Anton Park. o Ms. Rohlff presented a chart showing the "Hall connection" planned by Beaverton. In discussions with the City of Beaverton, the Hall connection was now approved and targeted for October 189 construction. She noted the connection of the street between Hall Boulevard and the Brockman Greenway intersection. The traffic designation for 125th is one which would deliver a lot of additional traffic onto the street. This will negatively impact the citizens to the south of Anton Park as traffic moves further south along Summercrest and other streets where there are exits onto 121st Street. Mark Lamantia requested a rebuttal opportunity after opponents have given testimony. He advised the Anton Park neighborhood had, throughout the process, given a great deal of consideration to the benefits not only to their neighborhood, but to the relative benefits that affect everyone else. Mayor advised that rebuttal opportunity would be given to both Ic sides. Page 4 - COUNCIL MINUTES - FEBRUARY 13, 1989 Opponents o Mayor advised that the Transportation Advisory Committee sent written documentation to the City Council which noted they unanimously opposed the street closure. o A letter was received from from Margaret C. Wendt and Etta Donivan of S.W. Edgewater Court which opposed the street closure. o A letter was received from Bob Bledsoe, former Chairperson of NPO #3, which opposed the street closure. o A letter was received from Marjorie Haglund, 11075 S.W. Hall Boulevard, which opposed the street closure. o Jerry Coursolle, 12215 S.W. Summer Street, Tigard, Oregon, entered into the record a petition signed by persons in opposition to the closure. He advised about five or six names were stricken from the list (line drawn through their names) who advised they did not want to get involved or did not understand the nature of the petition. Mr. Coursolle noted people who live in northwest Tigard empathize with the people who live in Anton Park as they were all experiencing traffic problems. The persons who signed the petition feel they would be adversely impacted if S.W. North Dakota Street was closed. Mr. Courselle advised that during the development of Chapter 8 in the Comprehensive Plan (Transporation chapter), there were numerous findings which led the City to formulate certain policies dealing with the transportation issues. Mr. Courselle quoted two sections of the Plan which he believed were pertinent: Many of the streets in Tigard are dead-ended, which adds to the congestion on existing, completed streets; therefore, a number of street connections need to be constructed. A major residential growth during the planning period is expected occur in the westerly and southern areas of Tigard. Both of these areas lack adequate, improved traffic ways. Mr. Courselle commented on the fast rate of growth in Tigard and the problems everyone has experienced with traffic. In this light, Council and members of staff have made improvements to try to alleviate some of the problems; i.e., the Road Improvement Bond, the widening of S.W. 135th. ~f The proposal before Council to close S.W. North Dakota Street would undermine and disrupt the forward movement initiated with the logical efforts of the Comprehensive Plan. Plan Policy 8.1.1 states: Page 5 - COUNCIL MINUTES - FEBRUARY 13, 1989 "The City shall plan for a safe and efficient street and roadway system that meets current needs and anticipates future growth and development." By closing S.W. North Dakota, the City would diminish alternatives Tigard residents have in the northwest section of Tigard to one collector/arterial street; that is, S.W. 121st. Mr. Coursolle advised that S.W. 121st was grossly congested and underdeveloped. In addition, more congestion would be placed at one light (S.W. 121st and Scholls Ferry Road). People who live south of S.W. North Dakota and east of the proposed closure would have to use 121st and Scholls to travel west to Beaverton rather than taking S.W. North Dakota as they now can. Mr. Coursolle testified that closure of S.W. North Dakota Street would start the break down of the system by placing traffic on other streets. Other points brought out during Mr. Coursolle's testimony included the following: The proposed realignment for Sorrento Road was at least 10 years away if ever. School buses would have to be rerouted. The Transportation Advisory Committee, Police Chief, Planning Commission, and NPO have all recommended against closure. This section of S.W. North Dakota Street was constructed as minor collector before any houses were built. It would not be acceptable to put traffic somewhere else. "You do not close streets to alleviate traffic problems." If closed, a precedent would be set and other neighborhoods would ask for the same privilege. Alternative solutions should be tried. o Paul Bloom, 12530 Glacier Circle, Tigard, Oregon, testified that the rear of his property is on S.W. North Dakota Street. He said he has considered purchasing a vacant lot adjacent to his property, but would not do so if a barricade was installed on S.W. North Dakota. Mr. Bloom expressed concern with emergency vehicular access and the additional time required should a barricade be installed. He said he agreed with most of Mr. Coursolle's testimony. o Elaine Wallick, 11110 S.W. 125th Place, Tigard, Oregon, noted concerns about the safety of children in the area. Page 6 - COUNCIL MINUTES - FEBRUARY 13, 1989 o Dave Klingele, 12900 S.W. 132nd Avenue, Tigard, Oregon, current Chair of NPO No. 3 noted agreement with Mr. CoursolleIs testimony. He said enforcement of speed limits should be emphasized. Mr. Klingele commented that everyone in Tigard must share with the transporation system problems noting Tigard residents needed all the alternate routes they could get. He said it would be a mistake to close S.W. North Dakota Street. o Beverly Froude, CPO #4 - Bull Mountain declined to testify. Rebuttal: o Mark Lamantia commented on changing needs and differences with the Comprehensive Plan. He advised: Facts do not substantiate that closure of the street would impact neighborhoods to the south. Safety for children on S.W. North Dakota Street was of concern. Signage would be only as good as enforcement. The oppposition did not present any facts disproving the situation was unique oz that temporary closure would be the best alternative. Rebuttal: o Jerry Courselle noted: An undesirable precedent would be set if the street was closed. Closure of the street would start to break down the transportation system. e. Staff Recommendation: Community Development Director noted appreciation for the excellent oral testimony given by both sides. He advised the City was charged with balancing a safe transportation system with livability. Community Development Director said temporary closure of S.W. North Dakota Street was too drastic a measure to take at this time and alternative measures should be tried first. He noted improvements were scheduled for S.W. 121st and that staff would ccati e:e to work with Beaverton on realignment of Sorrento Road. f. Council discussion: o Council Eadon thanked citizens for their excellent testimony. She advised she observed the problems experienced at this location and noted excessive traffic speed which was an enforcement issue. She observed that the pavement was not Page 7 - COUNCIL MINUTES - FEBRUARY 13, 1989 well marked and that motorists tended to travel all over the road (i.e., not keeping to either the right- or left-hand r side). Councilor Eadon further commented on the minor collector status of the street and the importance of the street in the transportation system. She recommended against closure at this time. o Councilor Schwartz noted he, too, had observed a speeding problem on this street and that the travel lanes were not well marked. He advised he would not be in favor of closure of S.W. North Dakota Street. o Councilor Johnson said she was in favor of a temporary closure of the street as she believed a unique situation existed for the neighborhood and an unfavorable precedent would not be set by granting the request. She noted the 90-degree turn did not safely bear the existing traffic and serious safety issues may get worse. o Councilor Kasten noted traffic problems were the uncomfortable side of growth. He advised he was sympathetic to the neighborhood's problems and noted concerns over safety issues. He commented on the unknown element with regard to emergency vehicular response times. He further noted Council must look at every alternative which would fairly serve the entire community. He referenced further complication of this situation due to the proximity of the City of Beaverton and the independent plans of that jurisdiction's transportation system. If other alternatives fail, then the City should reconsider temporary closure of the street. o Mayor Edwards thanked the residents who represented Anton Park for their excellent presentation and for working through the lengthy process. He advised he sympathized with the neighborhood's problem and that he had looked at other areas in the region who have attempted to alleviate similar problems through other alternatives (i.e, Ladd's Addition in Portland). Mayor Edwards advised this issue had been discussed with the City of Beaverton at a joint Council meeting held recently; realignment of Sorrento Road was not imminent per Beaverton officials. Mayor noted several elements which created this situation and agreed with some of the comments noted by Councilor Johnson; however, he advised he was not in favor of a temporary street closure before trying alternatives such as painting travel lines on the street, installing stop signs, and implementation of increased enforcement efforts. g. Public hearing was closed. h. Motion by Councilor Eadon, seconded by Councilor Schwartz, to decline the request for temporary closure of S.W. North Dakota Street; other alternatives to alleviate the traffic problems should be explored. The motion passed by a majority vote of Council present by a margin of 4-1; Councilor Johnson voted "Nay." Page 8 - COUNCIL MINUTES - FEBRUARY 13, 1989 i. Discussion followed. Mr. Lamantia requested an estimated timeline for implementation of alternative solutions. A cost estimate for suggested solutions would be prepared by staff and presented to Council in April or May. The Transportation Committee would discuss this issue at their next meeting. 8. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 88-18 HELM - NPO #3 Request to annex approximately 5.10 acres into the City of Tigard and to change the zone from Washington County R-6 to City of Tigard R-4.5 (Residential 4.5 units/acre). Location: 11575 S.W. Beef Bend Road (WCTM 2S1 10 BD TL 1700, TL 1900 and a portion of TL 1800). a. Public hearing was opened. b. There were no declarations or challenges. C. Summation by Community Development Director: The property was on the north side of Beef Bend Road directly across from King City. The proposal was consistent with the City's policy to favorably consider annexation of contiguous property within the Active Planning Area; however, this raised issues relating to deficient storm and sanitary sewer facilities that affect a neighboring jurisdiction (King City). Also, issues related to a local street jj system and neighborhood traffic circulation would need to be 1- addressed prior to or in conjunction with development on the southeast side of Bull Mountain. d. Public Testimony: 4 o Beverly Froude, Chair of CPO #4, 12200 S.W. Bull Mountain Road, Tigard, Oregon, noted issues contained in the staff report which would need to be resolved which included the storm drainage problems. o Dave Klingele, Chair of NPO #3, 12700 S.W. 132nd Avenue, ^igard, Oregon commended the engineering staff on the staff report. e. Recommendation by Community Development Director was for favorable consideration of the proposed ordinance and resolution which would forward the annexation request to the Boundary Commission. f. Council comment: There was discussion on the transportation and drainage issues which would need to be resolved with any request for development of the property. g. Public hearing was closed. h. RESOLUTION NO. 89-14. A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT "A" AND OUTLINED IN EXHIBIT "B" ATTACHED. (ZCA 88-18) (HELM) i. Motion by Councilor Eadon, seconded by Councilor Schwartz, to adopt Resolution No. 89-14. Page 9 - COUNCIL MINUTES - FEBRUARY 13, 1.989 The motion was approved by a unanimous vote of Council present. J. ORDINANCE NO. 89-02 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 88-18) (HELM) and DECLARING AN EFFECTIVE DATE. k. Motion by Councilor Johnson, seconded by Councilor Kasten, to adopt Ordinance No. 89-02. The motion was approved by a unanimous vote of Council present. 9. PUBLIC HEARING - PUBLIC ACCESS EASEMENT VACATION - S.W. 81ST AVENUE Consideration of a proposed vacation of an unimproved public access easement also known as a portion of S.W. 81st Avenue in the City of Tigard. The request was initiated by City Council on January 9, 1989, at the request of Waverly Construction. a. Public hearing was opened. b. There were no delcarations or challenges. C. Summation by Community Development staff: Waverly Construction requested the City vacate a public access easement known as S.W. 81st Avenue and Titan Properties was making an identical request for an access easement known as S.W. Dorburn Place a few hundred feet away. Both vacations would allow Titan and Waverly to C develop adjoining properties as orginally approved. At the time of Waverly's and Titan's approval, there were questions whether these easements were public or private. After some assistance from Washington County, it was determined they were private; therefore, eliminating them would be a matter for adjoining property owners to resolve. However, after further investigation by the developers' title insurance company and the City Attorney, it was determined that the public may indeed have interest in the easements. To remove any doubt, Waverly and Titan have requested the City vacate the easements and their request was also supported by adjoining property owners. d. Public testimony. o Earl Bardell, 15070 S.W. 81st Avenue, Tigard, Oregon, requested clarification on the alignment of the street. Community Development Director explained the alignment. o Marjory Bardell, 15070 S.W. 81st, Tigard, Oregon, noted concerns over increased traffic which would be the result of development of the property. o Dorothy Gage, 8000 S.W. 54th Avenue, Portland, Oregon, testified she was the property owner of Tag Lot 200 which abuts S.W. 81st Avenue. She noted concerns about the status of her property and how the vacation of the easements would affect the status of deed holders. Community Development Director clarified that this action would be recorded with Washington County and any public interest for the easements would be removed. Page 10 - COUNCIL MINUTES - FEBRUARY 13, 1989 There was discussion on the proposed developments in relationship to Mrs. Gage's property; it was noted that access points to her property were provided. e Community Development Staff recommended Council approve the vacation and adopt the proposed ordinance. f. Public hearing was closed. g. ORDINANCE NO. 89-03 AN ORDINANCE VACATING AN UNIMPROVED PUBLIC ACCESS EASEMENT, ALSO KNOWN AS A PORTION OF SW 81ST AVENUE, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M., IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. h. Motion by Councilor Johnson, seconded by Councilor Schwartz, to adopt Ordinance No. 89-03. The motion was approved by a unanimous vote of Council present. 10. PUBLIC HEARING - PUBLIC ACCESS EASEMENT VACATION - S.W. DORBURN PLACE Consideration of a proposed vacation of an unimproved public access easement also known as S.W. Dorburn Place, in the City of Tigard. The request was initiated by City Council on January 9, 1989, at the request of Titan Properties, Inc. a. Public hearing was opened. b. Declarations or Challenges: Legal Counsel Ken Elliott advised his law firm had represented the developer in the past; however, they had not been involved in any transaction with regard to the subject of the public hearing. C. Staff referred to comments made with regard to the prior agenda item. d. Public testimony: o Dorothy Gage, 8000 S.W. 54th Avenue, Portland, Oregon, testified she was not opposed to the vacation. o Steve Bleak of Titan properties related some of the history of this easement and noted it appeared to have been a mistake which was made in 1947. The County had recognized a potential street at this location at one time, but since that time development has occurred in such a manner that the City does not recognize a "Dorburn" street at this location on the transportation map. e. Community Development Staff recommended approval of the proposed vacation and adoption of the ordinance as submitted. f. Public hearing was closed. Page 11 - COUNCIL MINUTES - FEBRUARY 13, 1989 g. ORDINANCE NO. 89-04. AN ORDINANCE VACATING A PUBLIC ACCESS EASEMENT, ALSO KNOWN AS SW DORBURN PLACE, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M., IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. h. Motion by Councilor Schwartz, seconded by Councilor Kasten, to adopt Ordinance No. 89-04. The motion was approved by a unanimous vote of Council present. 11. CONSIDERATION OF CREATION OF CITY CENTER DEVELOPMENT AGENCY a. Stuart Cohen, Chair of the City Center Plan Task Force advised that the ordinance before Council represented the first official act of the revitalization of the City Center. He recapped the work of the Task Force over the last 20 months and called special attention to the public input process. E Mr. Cohen outlined the worked accomplished through consultants R which included formulating a vision statement which was then G translated into what parts of that vision could be accomplished and supported by Tigard's economic base. Mr. Cohen advised that the City Center Plan Task Force recommended that the City adopt the proposed ordinance which would establish the urban renewal agency (consisting of City E Council) and an advisory commission which would make recommenations to the agency. b. Community Development Director also gave some history of the city center development project. He noted that downtown Tigard was different from the rest of Tigard in that little economic growth was taking place there. He reviewed the ramifications which would occur if the proposed ordinance was adopted. (See memorandum from Community Development Director to City Administrator dated February 3.0, 1989.) role community, as a whole, would benefit from a focused i development effort in the City Center area. A tool was available under ORS 457 that has worked successfully in many cities in ! Oregon and across the country. The City Center study area meets the criteria for using that tool. In order to use the tools, an Agency must be formed and a Plan adopted. Staff recommended adoption of the proposed ordinance which would: 1) Form the City Center Development Agency. 2) Appoint the Council as the Agency in order to retain control. 3) Estalish an advisory commission to reduce Council's time commitment and ensure property owners, business owners, and interested citizens an opportunity to be involved in implementation of the Elan. Page 12 - COUNCIL MINUTES - FEBRUARY 13, 1989 C. ORDINANCE NO. 89-05. AN ORDINANCE DECLARING A NEED FOR ESTABLISHING THE CITY CENTER DEVELOPMENT AGENCY AND CREATING THE CITY CENTER DEVELOPMENT COMMISSION. d. Motion by Councilor Johnson, seconded by Councilor Eadon, to adopt Ordinance No. 89-05. The motion was approved by a unanimous vote of Council present. e. Community Development Director advised that the ordinance could not be adopted under an emergency clause. He said a second reading of the ordinance was scheduled for February 27, 1989. f. Councilor Johnson commented on the process for downtown revitalization and the work that was put into this project. She noted there was a minority opinion expressed on the Task Force that Council should not be appointed as the agency. She thanked the City Center Plan Task Force for their efforts over the last two years. Mayor Edwards concurred and also noted appreciation for the accomplishments of the City Center Plan Task Force. 12. NON-AGENDA ITEMS: There were none. 12. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 10:08 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 13. ADJOURNMENT: 10:45 p.m. Approved by the Tigard City Council on March 27, 1989. ca,th""' 0 - Deputy Recorder - City of Tiga ATTEST: /117 ,,,,,Mayor - C of Tigard cw/9110D Page 13 - COUNCIL MINUTES - FEBRUARY 13, 1989 TIMES PUBLISHING COMPANY Legal P.O. BOX 370 PHONE (503) 684.0360 Notice 7 - 6 8 2 6 ERTON, OREGON 97075 f,Cri~ga tlce Advertising RECEIV50 CITY OF TIGARD 31~"" . r PO BOX 2 3 3 9 7 'I~~ • 11 Tearsheet Notice F E B 131989 TIGARD,OR 97223 ~ • to • ❑ Duplicate Affidavit CM OF TIG-OD AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss' 1, FI AINE PFTRnf FORE F being first duly sworn, depose and say that 1 am the Advertising Director, or his principal clerk, of the T T G A R n T T M F 4 a newspaper of general cirMKp es defined in ORS 193.010 and 193.020; published at---L in the aforesaid county and state; that the SRI Tf MfITICF 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: FEB. 9, 1989 Subscribed sw o .before me this F E B. 10, 1989 ry Public for Oregon My Commission Expires: 9/20/92 x AFFIDAVIT } G=yErE1~Rt, r~~eettt~ ' l Y ij ~ TIMES PUBLISHING COMPANY Legal P.O. BOX 370 PHONE (503) 684-0360 Notice 7 - 6 81 9 BEAVERTON, OREGON 97075 Legal Notice Advertising • CITY OF T I G A R D • ❑ Tearsheet Notice PO BOX 23397 ° T I G A R D, OR 9 7 2 2 3 • ❑ Duplicate Affidavit s • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' Irl ATIIY'1-rL T" 'i being first duty sworn, depose and say that I am the Advertising Director, or his principal clerk, of the T T G A R D TIMES a newspaper of general circulation as defined D fined in ORS 19 in 010 and 193.020; published at T I G s the aforesaid county and state; that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper fors W G M N k successive and consecutive in the following issues: ~.r FEB. 2 & 9, 1989 j Sub ed and sworn afore me this F EB . 1 0 , 1 98 9 Not P itc for Oregon ~ My Cpmmission Expires: 1 9/20/92e„t AFFIDAVIT b R 1 tt v~X:$8~;~~~ . ~ I lip- F the na1l IF f' . v , Ra.d 'p~o i, e TIMES PUBLISHING COMPANY Legal P.O. BOX 370 PHONE (503) 684-0360 Notice 7-6806 BEAVERTON, OREGON 97075 Legal Notice Advertising • • ❑ Tearsheet Notice CITY OF TIGARD PO BOX 23397 • ❑ Duplicate Affidavit TIGARD, OR 97223 AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY /O1 TF~~WASHINGTO~N,, )ss' 1, ELAINE K rrROAFORgE being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the TIGARD TIMES a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at TI GARD in the aforesaid county and state; that the -NOTICE OF PUB I G GGESS a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for FIVE successive and consecutive in the following issues: JAN. 12, 19 & 26, FEB. 2 & 9, 1989 157 Subs ed and swo •befora me t 's FEB. 10, 1989 ary Public for Oregon My Commission Expires: 9/2092 NoTTC>1a '`TT AFFIDAVIT ~'f$[~~'~~d City Co~dc}T.~II hold ~ pu'bl c he ~iig . days ~`i, h. atye a ~ .ut : w z ,1989; a ~3 p~ ►;at°Tl artl Clvic~Cente~ Tov S H~1PK00 1 ]3ou1 ° iIWd o, consider tthe ~d d va 1 porve llic t'` " e~cf asks+l``D eh int~r~ste K , Pll~ QIl Of, Frf Sy' L ~F TIMES PUBLISHING COMPANY Legal P.O. BOX 370 PHONE (503) 684.0360 Notice 7-6805 BEAVERTON. OREGON 97075 Legal Notice Advertising • CITY OF TIGARD • ❑ Tearsheet Notice PO BOX 23397 • TIGARD, OR 97223 ° ❑ Duplicate Affidavit AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, jss. I, being first du y s orn, epose and say that I am the Advertising Director, or his principal clerk, of the TIGARD 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 NOTICE OF PUBLIC AGGESS a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for FIVE successive and consecutive in the following issues: JAN. 12, 192-26 & FEB. 2 & 9, 1989 Subsc and sworn fore me this FEB . 1 0 1989 Not ubiic for Oregon My Commission Expires: 9/20/92 0 ~r F C YACATIOiY Sr9V 8Fs~'AVEI>it°Jlr.` f AFFIDAI/ rTUeT~i CA` Cu will hQl 8 " oAt' IT~L~Y stn ~earibg, iGfotldgp; Yngi 'H~tt7eygai Ted, e' n%T' def ith° ~i3ropo a{d ~+aNcat i t' ~a1royV~Cd 72., w n ,g3s6`46 ~`l l~~r afdd tfe hea~ TIMES PUBLISHING COMPANY Legal P.O. BOX 370 PHONE (503) 684-0360 Notice 7 _ 6 8 2 3 BEAVERTON, OREGON 97075 Legal Notice Advertising a ❑ Tearsheet Notice CITY OF TIGARD • PO BOX 23397 a ❑ Duplicate Affidavit TIGARD, OR 97223 AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, ass. 1, ELAINE PETROGEORGE being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the TIGAR D TIME a newspaper of general cir Ims defined-on ORS 193.010 and 193.020; published at in the aforesaid county and state; that the J PRTTLTr. TEARING NOTICE 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: FEB. 2, 1989 ; t i F i Subscribed sworn afore me this FEB . 3 , 1989 Nota blic for Oregon My Commission Expires: 9 2 0 9 2 ' r C1, AFFIDAVIT YFiDU,BIC~~BVitC(t t rtttef'~ O ~-5'~i tit'l~rt ~Writtea; o t1~01~f/a ~~"CO ~ t:~~-<; , r...E~, Al 111151 1111 1111 CI(~91 U e ' E CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss City of Tigard ) I, 1D 61o E 1-1(Lr&6being first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) 9~q- O/ h u A IFF - 05 which were adopted at the Council Meeting dated copy(s) of said ordinage(s) bein hereto attached and by reference made a part hereof, on the 17 day of ~bruc~ri,_ 1989. 1. Tigard Civic Center, 13125 S.W. Hall Blvd., Tigard, Oregon. 2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon 3. Safeway Store, Tigard Plaza, S.W. Hall Blvd., Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and S.W. Durham Road, Tigard, Oregon "0, CL r-2dd"O~' 'Subs,er;ibed••.and- -sworn to before me this day of ~ 19' Notary Public for Oregon My Commission Expires: AGENDA tTEM N 2 - VISITOR'S AGENDA BATE 2/13/69 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME & ADDRESS TOPIC STAFF CONTACTED DATE 2/13/89 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: AGENDA ITEM NO. 4 - PUBLIC HEARING ~'REET LIGHTING LOCAL IMPROVEMENT DISTRICT 9TH,: AVENUES, Y (LID) Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation _i i I i DATE 2/13/89 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: AGENDA ITEM`NO. 5 - PUBLIC. HEARING- TEMPORARY STREET CLOSURE- SW NORTH DAKOTA i I Proponent (For Issue) Opponent (Against Issue). Name, Address and Affiliation Name, Address and Affiliation: tit. c tT, Z ~ ►as «.s }}r r; c E t i I`t I r DATE 2/13/89 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: AGENDA ITEM NO. 6 - PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 88-18 HELM - NPO #3 Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation A J - ~-~7 /1 2 D rJ / it/r G~ GJl/ / 'Vv Ll _4 67 6-c /V, DATE 2/13/89 I wish to testify before the Tigard City Council on the following item: (Please print the information) 4r Item Description: AGENDA ITEM NO. 7 - PUBLIC' HEARING - PUBLIC ACCESS'EASEMENT VACATION - S.W.-81st AVENUE *~t*********************~t****** Proponent (For Issue) Opponent (Against Issue) e, Address and Affiliatio Name, Address and Affiliation / ebO 5'CJ ar' A r_ DATE 2/13/89 I wish to testify before the Tigard City Council on the following item: (Ple<.:se print the information) IF, Item Description: AGENDA ITEM NO. 8 - PUBLIC HEARING - PUBLIC ACCESS EASEMENT VACATION - S.W. DORBURN ?LACE' Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation me, Address and Affiliation 14 CITY OF TIGARD, OREGON J.ca_ MEMORANDUM TO: Honorable Mayor and City Council February 2, 1989 FROM: Pat Reilly, City Administrator SUBJECT: COUNCIL CALENDAR, Jan.-.Dec. 1989` Official Council meetings are marked with an asterisk ( If generally OK, we can proceed and make specific: adjustments in the Monthly Council Calendars. Please note Budget Committee meetings. February '89 7, Tues Planning Commission (Town Hall, 7:30 pm) 8, Wed Library Board Meeting (Town Hall Conf. Rm., 7:00 pm) 8, Wed N.E. Bull Mountain Meeting (Town Hall, 7:30 pm) 9, Thurs Transportation Committee (CD Conf. Rm., 7:00 pm) x13, Mon Council Business Agenda (6:30/7:30) 14, Tues Valentine's Day 15, Wed Department Head budgets due to Finance Director 15, Wed Legislative Breakfast (Eggs & Issues, Elmers, 7:15 am) 16, Thurs Board and Committee Chairs (7:00 pm, THCR) 20, Mon President's Day (City Hall Closed) A-20, Mon Council Study Session (6:30/7:30) (Ec. Dev. meeting; Planning Comm. and U & F Workshop) 21, Tues Econ. Dev. Comm. (Davidson's, 7:30 am) Util. & Franch. Comm. (Town Hall Conf. Rat., 7:00 pm) r Planning Commission (Town Hall, 7:30 pm) Park Board (CD Conf. Rm., 7:30 pm) 25, :mat Fanno Creek Conference (Fowler Jr. High, 8:30-4:00) x'27, Mon Council Business Agenda (6:30/7:30) March '89 3, Fri Requested budget due to City Administrator *6, Mon Council Business Agenda (6:30/7:30) x•13, Mon Council Study Session (6:30) 15, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) 17, Fri St. Patrick's Day 22, Wd Proposed budget approved by City Administrator 24, Fri Good Friday Notice of Budget Committee meetings to Tigard Times 26, Sun Easter x'27, Mon Council Business Agenda (6:30/7:30) c 29, Wed Proposed budget packet available to Budget Committee F x t ePfb C. Council Calendar - Page 1 t April. '89 *10, Mon Council Business Agenda (6:30/7:30) *11, Tues Budget Committee (Town Hall Conf. Rm., 7:00 pm)) *17, Mon Council Study Session (6:30) *18, Mon Budget Committee (Town Hall Conf. Rm., 7:00 pm) 19, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) *24, Mon Council Business Agenda (6:30/7:30) *25, Tues Budget Committee (Town Hall Conf. Rm., 7:00 pm) May '89 *2, -rues Budget Committee - Recommended budget approval (Town Hall Conf. Rm., 7:00 pin) *8, Mon Council Business Agenda (6:30/7:30) *9, Tues Budget Committee (if necessary) 12, Fri Budges: summary to Times for publishing 5/18 14, Sun Mother's Day *15, Mon Council Study Session (6:30) 17, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) *22, Mori Council Business Agenda (6:30/7:30) 26, Fri Second notice ad to Times for publishing 6/1 29, Mon Memorial Day June '89 *12, Mon Council. Business Agenda (6:30/7:30) (Budget Hearing adoption) 14, Wed Flag Day 14, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) *19, Mon Council Study Session (6:30) *26, Mon Council Business Agenda (6:30/7:30) July '89 4, Tues Independence Day (City Hall Closed) 19, Wed Legislative Breakfast- (Eggs & Issues, Elmer's, 7:15 am) 22, Sat Cruisin' Tigard August '89 16, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) September '89 4, Mon Labor Day (City Hall Closed) 20, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) October '89 18, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) 31, Tues Halloween Council Calendar - Page 2 3.3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 13,1989 D E SUBMITTED: February 6,1989 ISSUE/AGENDA TITLE:Easement vacati ~P VIOUS ACTION:None request; Lot 62, Swanson's Glen /V PREPARED BY: Development Services DEPT. HEAD OK CITY ADMIN O2EQUESTED BY; Titan Properties POLICY ISSUE Council initiated vacation proceedings per City policy as stated in Resolution 85-30. INFORMATION SUMMARY Titan Properties Inc. is requesting the City consider vacating a public utility easement to provide them more flexibilty in siting a house on lot 62, Swanson's Glen (see attached memo). ALTERNATIVES CONSIDERED Any public easement,if it is to be eliminated, must be vacated through the public vacation process as outlined by state law. FISCAL IMPACT All cost associated with processing the vacation will be paid by the applicant. SUGGESTED ACTION Staff recommends Council adopt the attached resolution, initiating the vacation process. /br 3, 3 MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator DATE: February 4, 1989 FROM: Ed Murphy, Community Development Directo SUBJECT: Initiation of Public Utility Easement Vaca on - Lot 62, Swanson's Glen subdivision I. OVERVIEW A. Summary. The City has received a request from Titan Properties, Inc. to initiate vacation proceedings for a 10 foot wide unimproved public utility easement within Lot 62, Swanson's Glen subdivision (see attached vicinity map). B. Policy Implications. Street vacations can be initiated by petition or by Council. Council has adopted Resolution 85-30 as the City's policy concerning City Council initiated vacations, which generally states that Council will initiate vacations if petition requirements would present the vacation applicant with undue hardship or delay and/or if the vacation appears to be in the public interest. staff feels that both criteria above would apply in this particular proposal. C. Financial Implication. Consistent with City policy, Titan Properties will be paying all staff time and advertising/materials cost associated with the processing of this vacation. D. Recommendation. It is recommended that Council adopt the attached resolution which initiates vacation proceedings for that public utility easement within Lot 62, Swanson's Glen, and calls for a public hearing on March 27, 1989. II. ANALYSIS A. Background. When the Swanson's Glen subdivision was developed, a number of easements were granted to accommodate storm drainage, sanitary sewer and other public utilities. It appears now that utility related public improvements are complete, and this particular easement was not utilized as originally anticipated. Pat Reilly February 1989 Page 2 Titan Properties would like to vacate the easement, which adjoins the side lot line of Lot 62, to allow more flexibility in siting a home on the lot. B. Alternatives Considered. Any public easement, if it is to be eliminated, must be vacated through the public vacation process as outlined by state law. III. CONCLUSION The Council should initiate vacation proceedings. The easemen}. is no longer needed to accommodate drainage or sewer improvements and does not contain other utility improvements (i.e., gas, water, power, etc.). The petition requirements present the applicant with undue delay and the vacation appears to be in the public interest. br/8565D i++ Y •Yj 11~~'+•77 IlWll IVI • R f0 71 v if f - C Mta =;;z nin ~ ~ Y01ff t r % .w, I Z ~I 7n► 7t 0 1 r vt S d 4 S 3 ~ s 7t II11 J1 ~ N f ~I yi! lnt } w19i J • i r~ J G i o .t 'rL R NVOr n 'r' Ytft N 8 m nr ~ 4♦ql S w. YM 3R +7N3t1•~•ux s f Y N s TT ° r 7Y7R ',M7 RIIIND'M' ~ i S ~I f vn '10 ~ ~ 'YO R SN))Ye ~ S . ~ • ~ 9 'r' N 1 .1061 '/t'f • y ~ M Q 1 S Q 01 wall ' wf Gw70Y~" E s g1 a e > ~ N o ` ll !Of N. f°. •.7 z w1 i 'tnr j .ql Ylva 1 i 7nr N Y GI y 1 1 rr ■ •lnr YtGW S C W1a1 M't ~ Y1 O r RFMMiR°OwO~ 11111 OM\~ N ~ O ~ ,1 N l8 P r At N O L and ON O W M t01 G a, a O a~ M 0 '7W Iq > K O O ❑ J/~/ 46 f. V G♦+♦J Q~ *0 1 N ?1 nv VIf01 Kf y !!O lim O-b00 iA In Yi ~ jOx GG O m .-W YI 11 'M' 11L :rlnwllGOa+a w 01Ninvill Sf1{ lr tN1rl 07 7Yl ;a x ~ b 43M syt Gg wl t♦tt~ - -n n 3A CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 13,1989 DAT SUBMITTED: February 6,1989 ISSUE/AGENDA TITLE: Easement vacation ~P VIOUS ACTION: None request; lot 2 Tech Center Bus. Park PARED BY: Development Services DEPT. HEAD OK CITY ADMIN OK / QUESTED BY;International Land Co. - - POLICY ISSUE Council initiated vacation per City policy as stated in Resolution 85-30. INFORMATION SUMMARY The International Land Co. is requesting the City consider vacating a public utility easement in Lot 2, Tech Center Business Park to facilitate the development of a large commerical project. ALTERNATIVES CONSIDERED Any public easement if it is to be eliminated, must be vacated thrcugll the public vacation process as outlined by state law. FISCAL IMPACT All cost associated with processing the vacation will be paid by the applicant. SUGGESTED ACTION Staff recommends Council adopt the attached resolution, initiating the vacation process. /br L j MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator DATE: February 4, 1989 FROM: Ed Murphy, Community Development Directo SUBJECT: Initiation of Public Utility Easement VaT'n - ot 2, Tech Center Business Park L 1. OVERVIEW A. Summary. The City has received a request from The International Land Corporation to initiate vacation proceedings for a 10 foot wide unimproved public utility easement within Lot 2, Tech Center Business Park (see attached vicinity map). B. Policy Implications. Street vacations can be initiated by petition or by Council. Council has adopted Resolution 85-30 as the City's policy concerning City council initiated vacations, which generally states that Council will initiate vacations if petition requirements would present the vacation applicant with undue hardship or delay i and/or if the vacation appears to be in the public interest. Staff feels that both criteria above would apply in this particular proposal. C. Financial Implication. Consistent with city policy, The International Land Corporation will be paying all staff time and advertising/materials cost associated with the processing of this vacation. D. Recommendation. It is recommended that Council adopt the attached resolution which initiates vacation proceedings for that public utility easement located in Lot 2, Tech Center Business Park, and calls for a public hearing on March 27, 1989. II. ANALYSIS A. Background. The International Land Corporation currently represents a major printing company that has recently purchased Lot 2 (approx. 6 acres) of the Tech Center Business Park. The printing company in preliminary meetings with City staff has indicated that they are going to develop a major commercial building on the Tech Center lot and an adjoining lot. Pat Reilly February 4, 1989 Page 2 Through the normal course of site evaluation, they turned up the existence of a public utility easement that was granted at the time of the recording of the Tech Center Business Park plat. It now appears, 8 years after the plat was created, that the utility easement is no longer needed and would conflict with the printing company's development plans. B. Alternatives Considered. State law requires that easements and rights-of-way conveyed to the public must be vacated through the public vacation process if they are to be eliminated. III. CONCLUSION The Council should initiate vacation proceedings. As required by ORS, a more detailed review by all affected agencies will be performed between now and the public hearing. The petition requirements present the applicant with undue delay and the vacation appears to be in the public interest. br/8938D r u -Lj y~ Rita P LEVt►5 r 8 0 p' EVEMEKI "~wcrvctt sue. " I ~J ` S Yam r. W'"`" , J Sot propose Vacation its s emen t ` l = r. \ a yo~Yf it t / M. lE4M C[M 1 1 : A 1 iz Z <~Dp i Z C J O ` ' yOw.ta i .p • ' SE ~~~t~T"y~~• RRdE o M v/ L a M L p IIG. 1 la- yFPP• C4 t ' i br l SO.* V J ~ SW a ~ s,M h O , $a slot w r flit s..+. woss i ~T e` ~ 1 R+~Lf Lr. I a C s CITY OF TIGARD, OREGON 3.5 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 23, 1989 DATE SUBMITTED: ISSUE/AGENDA TITLE: Single Owner, PREVIOUS ACTION: Local Improvement District _ ~ PREPARED BY: Ed Murphy DEPT HEAD OK ITY ADMIN OK1 REQUESTED BY: POLICY ISSUE The policy question before the Council is whether or not the City should allow "Single Owner" local improvement districts; and, if so, under what circumstances. INFORMATION SUMMARY This item was initially discussed at the City Council's meeting of December 12th, at which meeting the Council decided to allow single owner local improvement districts under certain circumstances. Those circumstances included a demonstration of "public purpose", which could include the creation of new jobs, and a demonstration of minimum risk to the City. The Council discussed the policy further on January 13, 1989 and directed staff to clarify, in the Resolution, that the policy was intended to be an exception to the general policy of discouraging single owner LIDs, and also to clarify that the percentage of the property value that could be assessed applied to the value of the land only, excluding any building improvements. ALTERNATIVES CONSIDERED The Council may choose to adopt a policy statement as written, modify the policy statement, or reject the statement. FISCAL IMPACT There is no direct fiscal impact resulting from the adoption of this resolution. SUGGESTED ACTION Staff suggests that Council approve the policy statement by adopting the attached resolution. ke/8754D/0025D r W CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 13, 1989 DATE SUBMITTED: February 2, 1989 ISSUE/AGENDA TITLE: Amendment to PREVIOUS ACTION: agreement with the State for im ro ments at the BA"/McDonald inters !i n PREPARED BY: Randall R. Woole DEPT HEAD O ITY ADMIN OK,1.6MI REQUESTED BY: POL CY ISSUE Amending previous agreement with State of Oregon for intersection improvements at Hall and McDonald. INFORMATION SUMMARY In 1986, the City and the State entered into an agreement for construction of signals and a turn lane at Hall and McDonald. It is now necessary to amend the agreement to recognize that two different Federal funding sources are involved and that City funds will be used to match both Federal funding sources. The maximum city participation remains at $25,000 (unchanged since 1986). The City share is already included in the Transportation Safety Bond. ALTERNATIVES CONSIDERED 1. Approve the attached resolution authorizing the Mayor and City Recorder to sign the amended agreement. 2. Require revision to the amendment. 3. Identify alternative funding sources. FISCAL IMPACT No impact on City fiscal participation. The amendment formally accepts additional Federal funding. SUGGESTED ACTION t Staff recommends approval of the attached resolution. dj/8957D I Department of Transportation HIGHWAY DIVISION NEIL GORNoft IDT GOV EERNOR TRANSPORTATION BUILDING, SALEM, OREGON 97310 In Reply Refer to File No.: LJW:bkw 1-9-89 Miscellaneous Contracts &,Agreements No. 8541 City of Tigard City Hall j Tigard, Oregon 97223 Gentlemen and Ladies: i The Oregon State Highway Division (State) and the City of Tigard (Agency) entered into Local Agency Agreement No. 8541, dated June 6, 1986, { concerning the installation of traffic control signals and a left-turn refuge at the intersection of Beaverton-Tualatin Highway at McDonald Street ! (project). It has now been determined by State and Agency that the aforementioned agreement, although remaining in full force and effect, shall be supplemented by this agreement in order to update the funding structure of the project. Any further reference to the June 6, 1986 agreement shall include the following provisions: r i Paragraphs 1. and 2. page 1, shall be replaced with the following two paragraphs: 1. By the authority granted in ORS 366.770 and 366.775, the State may enter into cooperative agreements with the 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. The project will be financed with Title II Hazard Elimination Funds (HES), limited to a lump sum amount of $130,000 (Federal Funds), and at a minimum Federal-Aid Urban Funds of $115,000 (Federal i Funds). The State and Agency will share equally in the required match. Agency's participation will be limited to an amount not to exceed $25,000. Form 731.3122 (1-87) i 2. Under such authority, the State and the Agency plan and propose to install traffic control signals and a left-turn refuge at the intersection of Beaverton-Tualatin Highway and McDonald Street, hereinafter referred to as "project". The location of the project is approximately as shown on the sketch map attached I hereto, marked Exhibit A, and by this reference made a part hereof. The project shall be conducted as a part of the Title II Hazard Elimination Program and the Federal-Aid Urban Program } under Title 23, United States Code, and the Oregon Action Plan. i City shall adopt an resolution authorizing its designated City Officials to enter into and execute this agreement, and the same shall be attached hereto and become a part hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. This project was approved by the Acting State Highway Engineer on September 9, 1985 under delegated authority from the Oregon Transportation Commission. The Oregon Transportation Commission, by a duly adopted delegation order, authorized the State Highway Engineer to sign this agreement for and on behalf of the Commission. Said authority is set forth in the Minutes of the Oregon Tr s tion Commission. APPROVA ED STATE OF OREGON, by and through its Department of Transportation, By Highway Division egi n r By APPROVED AS TO State Highway Engineer LEGAL SUFFICIENCY Date By ASSISTANT ATTORNEY GENERAL CITY 0 TIGARD, by t gh its ted Offi ' Date By APP FOVER'AAS T O ayor LEG FFICIENCY By A By City Recorder Cr ~'Xtt ney Date o2/!~ ~ / J Date -2- OR160VAL A CGRE&MG-mr Approved: OSHD Staff EDM:me 9/19/85 Revised: 10/4/85 Misc. Contracts & Agreements No. 8541 LOCAL AGENCY AGREEMENT HAZARD ELIMINATION PROJECT 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 CITY OF TIGARD, acting by and through its Elected Offi.cials,-hereinafter refer- F red to as "AGENCY". 1. By the authority granted in ORS 366.770 and 366.775, the State may enter into cooperative agreements with the 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. The project will be financed with Title II Hazard Elimination Funds, limited to a lump sum amount of $130,000. The State and Agency will share equally in the required match. Agency's participation will be limited to an amount not to exceed $25,000. 2. Under such authority, the State and the Agency plan and propose to install traffic control signals and a left-turn refuge at the inter- section of Beaverton-Tualatin Highway and McDonald Street, hereinafter referred to as "project". The location of the project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. The project shall be conducted as a part of the Title II Hazard Elimination Program under Title 23, United States Code, and the Oregon Action Plan. 3. The Special and Standard Provisions attached hereto, marked L`I Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects r and may be modified only by the Special Provisions. The parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. 4. Agency shall adopt an ordinance or resolution authorizing ; its designated City Officials to enter into and execute this agreement, and the same shall be attached hereto and become a part hereof. r IN WITNESS WHEREOF, the parties hereto have set their hands and affixed thei^ seals as of the day and year hereinafter written. This project was approved by the Acting State Highway Engineer on September 9, 1985 under delegated authority from the Oregon Transpor- tation Commission. The Oregon Transportation Commission, by a duly adopted delegation order, authorized the State Highway Engineer to sign this agreement for and on behalf of the Commission. Said authority is set forth in the Minutes of the Oregon Transportation Commission. All except SPECIAL PROVISIONS, approved as to legal; sufficiency on September 1, 1983 by Jack L. Sollis, Chief Counsel. APPROVAL RECOMMENDED STATE OF OREGON, by and through its Department of Transportation, <~e2 Highway Division B Region Engineer By ~'Zz_ot 7`11- State Highway Engineer - APPROVED AS TO Date- LEGAL SUFFICIENCY 0,1 7 BY CITY OF TIGARD, by and through My Attorn its Elected Officials By or BYP Xityecorder Date - 2- ATTACHMENT NO. 1 SPECIAL PROVISIONS 1. State shall, as a federal aid participating preliminary engineer- ing function, conduct the necessary field surveys, environmental studies, traffic investigations, foundation explorations and hydraulic studies, identify and obtain all required permits, and perform ail preliminary engineering and design work required to produce final plans, prelimin- ary/final specifications, and cost estimates. 2. State shall, upon award of a construction contract, furnish all construction engineering, field testing of materials, technical inspection, and project manager services for administration of the con- tract. The State shall obtain "Record Samples" at specified intervals for testing in the State Materials laboratory in Salem. 3. Agency shall, according to the Policy Statement for Cooperative Traffic Control Projects, dated August 22, 1984, pay for 100 percent of all electrical costs of energy consumed in the operation of the traffic signal. 4. State shall, upon completion of construction, maintain all areas of project located within the Beaverton-Tualatin Highway right-of- way, perform and pay for necessary maintenance of the traffic signals, and shall retain complete jurisdiction and control of the timing estab- lished for operation of the traffic signals. 5. Agency agrees that should the Agency cancel or terminate the project for any reason prior to its completion, the Agency shall reimburse the State for any costs that have been incurred by the State on behalf of the project.- 6. State shall be responsible for acquisition of the necessary right-of-way and easements for construction and maintenance of the proj- ect. 7. Delete paragraphs 9, 13, 15, 18, and 20, in Attachment No. 2 (Standard Provisions) in their entirety. Misc. Contracts & Agreements No. 8541 Date 9/19/85 Revised 3/27/86 I ATTACHMENT NO. 2 STANDARD PROVISIONS JOINT OBLIGATIONS: PROJECT ADMINISTRATION 1. State is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this project, and the Agency hereby agrees that the State shall have full authority to carry out this administration. If requested by the Agency, the State will further act for the Agency in other matters pertaining to the project. The State and the Agency shall actively cooperate in fulfilling the requirements of the Oregon Action Plan. For all projects the State and the Agency shall each assign a liaison person to coordinate activities and assure that the interests of both parties are considered during all phases of the project. P.E. & CONSTRUCTION ENGINEERING 2. Preliminary and construction engineering may be performed by the State, the Agency or others. If the Agency, or others, perform the engineering, the State will monitor the work for conformance with FHWA rules and regulations. In the event that the Agency elects to engage the services of a consultant to perform any of the work covered by this agreement, no reimbursement shall be made using Federal-Aid funds for any costs incurred by such consultant prior to receiving written authorization from the State to proceed. Any such consultant shall be selected using procedures acceptable to the State and the FHWA, and an agreement prepared describing the work.to be performed and the method of payment. REQUIRED STATEWENT OR USDOT FINANCIAL ASSISTANCE AGREEMENT: 3. If as a condition of assistance the recipient has submitted and the U.S. Deparment of Transportation has approved a minority business enterprise affirmative action program which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a. violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program, the U.S. Department of Transportation shall impose such sanctions as noted in Title 49, Code of Federal Regulations, Part 23, Subpart E, which sanctions may include termination of the agreement or other measures that may affect the ability of the recipient to obtain future U.S. Department of Transportation financial assistance. The recipient further agrees to comply with all applicable Civil Rights Laws, Rules and Regulations, including Section 504 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Act. 4. The parties hereto agree and understand that they will comply with all applicable statutes and regulations, including but not limited to: Title 6, USC, Civil Rights Act; Title 49 CFR, Part 23; Title 18, USC, Anti- Kickback Act; Title 23, USC, Federal-Aid Highway Act; Titles 2 and 3 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; provisions of 23 CFR 1.11 and FHPM 1-4-5 (23 CFR 140.7); and the Oregon Action Plan. STATE OBLIGATIONS: PROGRAM REQUEST 5. State shall submit a program to the FHWA with a request for approval of federal-aid participation in all engineering, right-of-way acquisition, eligible utility relocations and construction work for the project. NO WORK SHALL PROCEED UNTIL SUCH APPROVAL HAS BEEN OBTAINED. The program shall include services to be provided by the State, the Agency or others. The State shall notify the Agency in writing when authorization to proceed has been received from the FHWA. Major responsibility for the various phases of the project will be as outlined in the Special Provisions. All work and records of such work shall be in conformance with FHWA rules and regulations, and the Oregon Action Plan. AUTHORITY FOR SURVEY 6. State shall prepare an Authority for Survey which will itemize the estimate of cost for preliminary engineering services to be provided by the State, the Agency or others, and shall furnish the Agency with a copy of such cost estimate. FINANCE 7. State shall, in the first instance, pay all reimburseable costs of the.project, submit all claims for federal-aid participation to the FHWA in the normal manner, compile accurate cost accounting records and furnish the Agency with an itemized statement of actual costs to date at the end of each State Fiscal Year. When the actual total cost of the project has been computed, the State shall furnish the Agency with an itemized statement of such final costs. PROJECT ACTIVITIES 8. State shall, if the work is performed by the Agency or others, review and process or approve all environmental statements, preliminary plans, specifications and cost estimates, prepare the contract and bidding documents, advertise for bid proposals, award all contracts and, upon award of a construction contract, perform all necessary laboratory testing of materials, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the project. The actual cost of laboratory testing services provided by the State will be charged to the project.construction engineering cost account number (prefix) and will be included in the total cost of the project. -2- FREE BRIDGE DESIGN 9. State shall, as provided in ORS 366.155(k), prepare plans and specifications for bridges and culverts (structure portion only) at no expense to the counties. AGENCY OBLIGATIONS: FINANCE 10. The project applicant will, prior to the commencement of the preliminary engineering and right-of-way acquisition phases, deposit with State its estimated share of each phase. The applicant's share of construction will be deposited in two parts. The initial deposit will represent 65 percent of the applicant's share, based on the engineer's estimate, and will be requested three weeks prior to opening bid on the project. Upon award of the contract, the balance of the applicant's share will be requested. Collection of advance deposits amounting to less than $2,500 for any phase of project (P.E., R/W) will be postponed until collectively the amount exceeds $2,500 or until the collection of the advance deposit for construction is required. • E Pursuant to ORS 366.425, as amended by Chapter 365, Oregon Laws of 1979, the advance deposit may be in the form of 1) check or warrant; 2) irrevocable letter of credit deposited in a local bank in the name of State; and 3) deposit F in the Local Government Investment Pool accompanied by an irrevocable limited power of attorney. 11. Agency shall present properly certified bills for 100 percent of actual costs incurred by the Agency on behalf of the project directly to the State Liaison Person for review and approval. Such bills shall be in a form acceptable to the State and documented in such a manner as to be easily verified. Billings shall be presented for periods of not less than one month duration, based on actual expenses to date. All billings received from the Agency must be approved by the State Liaison Person prior to presentation to the Highway Division Accounting Office for payment. The Agency's actual costs eligibile for federal-aid participation shall be those allowable under the provisions of 23 CFR 1.11 and FHPM 1-4-5 (23 CFR 140.7). 12. The cost records and accounts pertaining to the work covered by this agreement are.to be kept available for inspection by representatives of the State and the FHWA for a period of three (3) years following the date of final payment. Copies of such records and accounts shall be made available upon request. PROJECT CANCELLATION 13. Agency agrees that should the project be cancelled or terminated for any reason prior to its completion, the Agency shall-reimburse the State for any costs that have been incurred by the State on behalf of the project. DELAYED STARTING DATE 14. In the event that right-of-way acquisition, or actual construction of the facility for which this preliminary engineering is under- j -3- taken is not started by the close of the FIFTH FISCAL YEAR following the fiscal year in which this agreement is executed, the State may request reimbursement of the sum or sums of Federal-Aid funds disbursed to the Agency under the terms of this agreement. RIGHT OF WAY 15. Agency shall be responsible for acquisition of the necessary right-of-way and easements for construction and maintenance of the project. The State shall review all right-of-way activities engaged in by the Agency to assure compliance with applicable laws and regulations. The Agency may request the State to perform the acquisition functions, subject to exe- cution of a Right-of-Way Services Agreement. If any real property pur- chased with federal-aid participation is no longer needed for right-of-way, or other public purposes, the disposition of such property shall subject to applicable rules and regulations which are in effect at the time of dis- position. Reimbursement to the State of the required proportionate share of the fair market value may be required. UTILITIES 16. Agency shall relocate or cause to be relocated, all utility con- duits, lines, poles, mains, pipes and such other facilities where such relocation is necessary in order to conform said utilities and facilities with the plans and ultimate requirements of the project. Only those utility relocations which are eligible for federal-aid participation under the Federal-Aid Highway Program Manual, Volume 1, Chapter 4, Section 4, shall be included in the total project costs and participation; all other utility relocations shall be at the sole expense of the Agency, or others. The State will arrange for utility adjustments in areas lying within juris- diction of the State and, if the State is performing the preliminary engi- neering, the Agency may request the State to arrange for utility adjust- ments lying within Agency jurisdiction, acting on behalf of the Agency. Agency shall, five weeks prior to the opening of construction bid proposals, furnish the State with an estimate of cost for eligible reim- burseable utility relocations, based on the plans for the project. The Agency shall notify the State Liaison Person prior to proceeding with any utility relocation work in order that the work may be properly coordinated into the project and receive the proper authorization. CONSTRUCTION 17. Construction plans shall be in conformance with standard practices of the State for plans prepared by its own staff, and shall be developed in accordance with the design standards published by AASHTO which pertain to the type of facility proposed. The latest design standards adopted by AASHTO shall govern the design of highway bridges and related structures. All specifications for the project shall be in substantial compliance with the "Oregon Standard Specifications for Highway Construction". -4- GRADE CHANGE LIABILITY 18. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the project which may alter or change the grade of existingcounty roads are being accomplished at the-direct request of the County. Agency, if a-City,•hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by the State shall not subject the State to liability under ORS 105.760 for change of grade. j COTRACTOR CLAIMS i 19. Agency shall provide legal defense against all claims brought by t the contractor, or others, resulting from the Agency's failure to comply with the terms of this agreement. MAINTENANCE RESPONSIBILITIES 6 20. Agency shall, upon completion of construction, thereafter maintain and operate the project at its own cost and expense, and in a j; manner satisfactory to the State and the FHWA. - i, - 3 a f F f i t b f t F i -5- CITY Of TIGARD, OREGON RESOLUT ION NO. 86- ~J A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN AN AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION (ODOT) WHICH PROVIDES FOR A TRAFFIC SIGNAL AT BEAVERTON/TUATATIN HWY. AND SW MCDONALD STREET. WHEREAS, the Tigard City Council wishes to enter into an agreement with the- Oregon Department of Transportation (ODOT) regarding the obligation of the State and the City of Tigard, and WHEREAS, the City and State have deemed it necessary to install a traffic signal at Beaverton/Tualatin Hwy., and SW McDonald Street in order to maintain a safer and more expeditious flow of traffic, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Council hereby authorizes the Mayor and City Recorder to sign, on behalf of the City, an agreement with the Oregon Department of Transportation identifying their respective obligations and relative to the costs of maintenance and operation of said signal. PASSED: This day of 1986. t2Z t4~~,o6-- - City of Tigard ATTEST: ~cnnJ eputy City Recorder - City of Tigard DR:bs225 RESOLUTION NO. 86- S Dann 1 +1 ~ +r r M Now, 1500"- itt { •aai ! ,M' avf ~ ~ ~ tN " AYt. l.►+• ` ~ S ~ L.taa« ~ ~1' O ~ 4 D ~ ~ t s,l • yµaD 4 a~?i \ ~ ~•+r to .t W' t`.~ S j,.a i . « • a ~ po ra. ~ r 7 L ' a1 4` • .a 6 D Art 4o N,r :slt" • • 6` i ~ ~ ~ ; y ('~Jt.•.n J a7 ~ „..r ~ " ~ ~ Arl ® q0, R j ~ ~7('~.~ avl r r+`hM+ , 4D., q ' t %t .t ~ , n~ ti4, ~ ~ ~ 1 . " aYt l 4 ND ~ i }•,ft± * ; ~ ~ i \ItM 1 ( ~ ~ } Q ~t ; j tLw-01 t ~~~L r N, pn .r : Za5 ~ r , 4s 4•~r+•l ? Sa Mr L «A L 1 ~ oti /O°• w,r 9 q i t ° et 1 ii L' 'q , r.• vl ~rrr• } , t~,,.M a, ~ ♦ f „ ~3 !t_.'a ; ~ S ~ ; ••rr• ~.t 1 3 c e ~ $ T~4J"f~A..A ~ 4,♦♦ .w~~ 1 r , °t5 + D; ~ t 1 . F n © , ~a„nr'.rl. ;l LAr•. . v 14, i«.~k I,1~1~ ,1," 4 ALATIN F R 1~~ VIILtGN TU 1 J D U o na at •N0. UL M .9 ^ H ~ .m" N.fUA\ATIN {µrD ••~•j~ •l,: .O ~ 1~Lera'tQ %alAVt51t0 3~ rv. V ~ to ~ ~ r x tt~" i ^ Ara. D as i ; 3 , © a' i~ aI Avt. t , , L cl. '1~ Tsa ►rt. ~ r r O ~ ~ Art. ~ f~ L• ~ a r 1~~~ ESN,"r 1• r „re It •r ,a.N ~ha a • I 1f ,v % . .D Lb` N r aD y N, M t G~ 1 ~1 t" 5 V ,~w0 Art' • . % ,tDl ♦ , AYt ~j O'+,A i~trta5 i {1r1 ~ ~ 4 " ♦O . ~ ~ " 11,• „,(w~ h5 ~Q}l, ~ t I~~jlj2u t11M11. ~ ~ `L ~ .°°~u ° l ~ 11~+ i ^ w..,ti r DDb ~ aya S r• y N. ` CSb`l f ^a •.D° rte' 1 ~ ! $ ~ ~ ~t ~ ~ ` S " • 't. , 9 111"` _ ` aj,(~= `c.• .~,1„ t N. Ar ` l C ".lJl~p~ LyJ 4 S 1~.. p~(X~41 1,ji~ (r~•~'QS~.. __.1 l.Y 1.1A CO l 'd AV4 r r • F'L wtSa rt ti.~T*~r 1\ "`~A~M Avs. Dl ~L ~1 e..... ,~~A xy~ t !0. ,p11AMt i i,. YlL b ^ n " ~ ut«Aal 10 PAV CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY - Local Contract Review Board AGENDA OF: February 13, 1989 DATE SUBMITTED: -February 3, 1989 ISSUE/AGENDA TITLE: Authorize PREVIOUS ACTION: Contracts for Bnaineering Services PARED BY: Randall R. Woole DEPT. HEAD OK CITY ADMIN OK;:45' EQUESTED BY; PISSUE Shall the Local Contract Review Board authorize signing of contracr_z5 for engineering services? INFORMATION SUMMARY Contracts for engineering services have been negotiated for two Road Bond projects scheduled for 1989 construction. The contracts cover design, construction inspection, and surveying services. The consultants were selected from a pool of over 30 consultants who responded to our request for statements of qualifications for engineering services for street projects. Attached is a contract with Cooper Consultants of Tigard for work on the Locust Street project. Also attached is a contract with Robert E. Meyer Consultants of Beaverton for work on the 121st Avenue project. Both contracts use the standard City consultant contract form. ALTERNATIVES CONSIDERED 1. Authorize execution of the attached contracts. 2. Require modification of the contracts. 3. Have the work done by in-house staff as time permits. FISCAL IMPACT Payment is on an hourly basis for actual services needed with a specified upper limit. In both cases, the upper limit is within the amount budgeted for engineering services an the project. All project costs will be paid by the Road Bond approved by the voters in November. The upper limit on the Locust :street contract is $80,076.50; on the 121st Avenue project it is $86,800.00. SUGGESTED ACTION That the Local Contract Review Board, by motion, authorize the City Administrator to sign the attached contracts with Cooper Consultants and with Robert E. Meyer Consultants. /br MEMORANDUM February 1, 1989 TO: Randy Wooley, City Engineer FROM: Gary Alfson, Transportation Engin e RE: 121st Avenue Consultant Contract Attached is the contract for Consultant Services for R.E. Meyer. R.E. Meyer was selected from the Statement of Qualifications submittals received from various consultants for the Major Streets Bond based on the qualifications and past experience of the firm and their ability to provide the services in a timely manner. The contract is for the design of the roadway improvements including street widening on the east side of the roadway, curb, sidewalks, storm drainage, and associated utility improvements. Also included is the necessary surveying tasks for right-of-way acquisition and construction staking, contract administration, and construction management. The contract amount is based on a not to exceed amount of $86,800, which is applicable for the scope of work required. The proposal lists the costs for each task and billing will be based on an hourly basis, therefore a lesser total amount could be realized, if the work to complete the project is less than that estimated in the proposal. /bkm CITY OF TIGARD, OREGON CONTRACT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this day of February, 1989, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Robert E. Meyer Consultants, Inc., 4805 SW Griffith, Beaverton, Oregon 97005, whose authorized representative is David SSandstr~om, PE and having a principal being a registered engineer of the State of Oregon, hereinafter referred to as the "Engineer." W I T N E S S E T H: f ' f WHEREAS, the 121st Avenue street improvements, as part of the Tigard Major Streets Traffic Safety Improvement Bond, has been proposed to improve 121st E between Springwood Drive and Burlheights Drive; and, l c WHEREAS, the accomplishment of the work and services described in this C Agreement is necessary and essential to the public works improvement program, of the City; and r. WHEREAS, the City desires to engage the Engineer to render professional I engineering services for the project described in this Agreement, and the t. Engineer is willing to perform such services. IN CONSIDERATION of the promises and covenants hereinafter contained, the parties hereto hereby agree as follows: i 1. Engineer's Scope of Services The Engineer shall perform professional engineering services relevant to the Project in accordance with the terms and conditions set forth r herein, and as provided in Exhibit I, which is attached hereto and by this reference made a part of this Agreement. i 2. Changes in Scope If changes occur either in the Engineer's Scope of Services or the Description of the Project, a supplemental agreement shall be negotiated at the request of either party. Absent such supplemental agreement, each party shall only be bound to the terms of this original agreement. 3. Engineer's Fee A. Basic Fee. I i 1. As compensation for Basic Services as described in Pages 1-4 of 4 "Description of Work" of Exhibit 1 of this Agreement, and for services required in the fulfillment of Paragraph 1, the Engineer shall be paid on an hourly rate j CONTRACT FOR ENGINEERING SERVICES - Page 1 i-~ based upon page 1 of 2 "Standard Hourly Rates for Services" of Exhibit- 1, which shall constitute full and complete payment for said services and all expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. The Basic Fee shall not exceed the amount of eighty six thousand, eight hundred dollars ($86,800.00). 2. The parties hereto do expressly agree that the Basic Fee is based upon the Scope of Services to be provided by the Engineer and is riot necessarily related to the estimated construction cost of the Project. In the event that the actual construction cost differs from the estimated construction cost, the Engineer's compensation will not be adjusted unless the Scope of Services to be provided by the Engineer changes. B. Payment- Schedule for Basic Fee. Payments shall be made upon receipt of billings based on the work completed. Billings shall be submitted by the consultant periodically, but not more frequently than monthly. Payment by the City shall release the City from any further obligation for payment to the engineer for service or services performed or expenses incurred as of the date of the statement of services. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. JW1 C. Payment for Special Services. Only when directed in writing by the City, the Engineer shall furnish or acquire for the City the professional and technical services on the hourly rate basis as described in Paragraph 3.A.1 of this contract for minor project additions and/or alterations. D. Certified Cost Records. The Engineer shall furnish certified cost records for all billings pertaining to other than lump sum fees to substantiate all charges. For such purposes, the books of account of the Engineer shall be subject to audit by the City. The Engineer shall complete work and cost records for all billings on such forms and in such manner as will be satisfactory to the City. E. Contract Identification The Engineer shall furnish to the City its employer identification number, as designated by the Internal Revenue Service, or Social Security Number, as the City deems applicable. CONTRACT FOR ENGINEERING SERVICES - Page 2 F. Gross Receipts Tax. To the fees and other payments payable hereunder, the Engineer may add any applicable gross receipts tax. 4. Ownership of Plans and Documents: Records A. The field notes, design notes, and original drawings of the construction plans, as instruments of service, are and shall remain, the property of the Engineer; however, the City shall be furnished, at no additional cost, one set of reproducible mylars of the original drawings of the work. B. The City shall make copies, for the use of and without cost to the Engineer, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Engineer pursuant to this Agreement, and also make available any other maps, records, or other materials available to the City from any other public agency or body. C. The Engineer shall furnish to the City, copies of all naps, records, field notes, and soil tests which were developed in the course of work for the City and for which compensation has been received by the Engineer at no additional expense to the City except as provided elsewhere in this Agreement. 5. Engineer Is Independent Contractor A. Engineer's services shall be provided under the general supervision of City's project director or his or her designee, but Engineer shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under paragraph 4 of this Agreement. 8. In the event Engineer is to perform the services described in this Agreement without the assistance of others, Engineer hereby agrees to file a joint declaration with City to the effect that Engineer's services are those of an independent contractor, as provided under Chapter 864 Oregon Laws 1979. C. Engineer acknowledges that for all purposes related to this agreement, Engineer is and shall be deemed to be an independent contractor and not an employee of City, shall not be entitled to benefits of any kind to which an employee of the City is entitled and shall be solely responsible for all payments and taxes required by law; and furthermore in the event that Engineer is found by a court of law or an administrative agency to be an employee of the City For any purpose, City shall be entitled to offset compensation due to demand repayment of any amounts paid to Engineer under the terms of the agreement, to the full extent of any benefits or other renumeration Engineer receives (from City or third party) as as result of said finding and to the full extent of any payments that City is required to make (to Engineer or to a third party) as a result of said finding. CONTRACT FOR ENGINEERING SERVICES - Page 3 D. The undersigned Engineer hereby represents that no employee of the City of Tigard, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from the Engineer, either directly or indirectly, in connection with the letting or, performance of this contract, except- as specifically declared in writing. 6. Engineer's Employees Medical Payments Engineer agrees to pay promptly as due, to any person, copartnership, association or corporation furnishing medical, surgical, and hospital care or other needed care and attention incident to sickness or injury to the Engineer's employees, all sums which the Engineer agreed to pay for such services and all. monies and sums which the Engineer collected or deducted from employee wages pursuant to any law, contract or agreement for providing or paying for 'Such service. 7. Early Termination A. This Agreement may be terminated without cause prior to the expiration of the agreed upon term by mutual written consent of the parties and for the following reasons authorized by ORS 279.326: 1. If work under the Contract is suspended by an order of a public agency for any reason considered to be in the public interest other than by a labor dispute or by reason of any third party judicial proceeding relating to the work other than suit or action filed in regard to a labor dispute; and 2. If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Contract. B. Payment of Engineer shall be as provided by ORS 279.330 and shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Engineer against City under this Agreement. C. Termination under any provision of this paragraph shall not affect any right, obligation or liability of Engineer or City which accrued prior to such termination. 8. Cancellation for Cause. City may cancel all or any part of this Contract if Engineer breaches any of the terms hereof or in the event of any of the following: Insolvency of Engineer; voluntary or involuntary petition in bankruptcy by or against Engineer; appointment of a receiver or trustee for Engineer, or an assignment for benefit of creditors of Engineer. Damages for breach shall be those allowed by Oregon law, reasonable and necessary attorney's fees, and other costs of litigation at trial and upon appeal. CONTRACT FOR ENGINEERING SERVICES - Page 4 9. Assiclnment This Agreement shall riot be assignable except at the written consent of the parties hereto, and if so assigned, shall extend to and be binding upon the successors and assigns of the parties hereto. 10. Nonwaiver. The failure of the City to insist upon or enforce strict performance by Engineer of any of the terms of this contract or to exercise any rights hereunder shall not be construed as a waiver or relinquishment to any extent of its right- to assert or rely upon such terms or rights on any future occasion. 11. Attorney's Fees In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay to the winning party such sum as the Court- may adjudge reasonable attorney's fees and court costs including attorney's fees and court costs on appeal to appellate courts. 12. Applicable Law This contract will be governed by the laws of the State of Oregon. 13. Conflict Between Terms Should there be any conflict between the terms of this instrument and the proposal of the Engineer, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 14. Indemnitv The Engineer agrees to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against all suits, actions, or claims of any character brought because of any injury or damage received or sustained by any person, persons, or property arising out of or resulting from any asserted negligent act, error, or omission of the Engineer or its agents or employees. 15. Insurance The Engineer agrees to procure and maintain at its expense until final payment by the City for services covered by this Agreement, insurance in the kinds and amounts hereinafter provided with insurance companies authorized to do business in the State of Oregon, covering all operations under this Agreement, whether performed by it or its agents. Before commencing the work, the Engineer shall furnish to the City a certificate or certificates in a form satisfactory to the City, showing that it has complied with this paragraph. All certificates shall provide that the policy shall not be changed or cancelled until at least ten (10) days' prior written notice shall have been given to the City. Kinds and amounts of insurance required are as follows: CONTRACT FOR ENGINEERING SERVICES - Page 5 Workers' Compensation Insurance. Workers' compensation from the State Accident Insurance Fund or from a responsible private carrier. Private insurance shall provide the schedule of employee benefits required by law. Liability Insurance. Professional liability insurance in an amount not less than $500,000 per claim and aggregate arid automobile liability insurance in an amount not less than $250,000 for injuries to any one person and $500,000 on account of any one accident and in an amount of not less than $100,000 for property damage to protect the Engineer and its agents from claims which may arise from services rendered under this Agreement, whether such services are rendered by the Engineer or by any of its agents or by anyone employed by either. 16. Multi-Phase Construction Contracts Where multi-phase construction contracts are deemed to be in the best interest of the City and are so ordered in writing by the City, then a supplement to this Agreement shall be negotiated between the Engineer and the City. 17. Complete Agreement This contract and any referenced attachments constitute the complete agreement between the City and Engineer and supercedes all prior written or oral discussions or agreements. IN WITNESS WHEREOF, the City has caused this agreement to be executed by its duly authorized undersigned officers, acting pursuant to action of the Contract Review Board, duly passed at the regular meeting held on the day of February, 1989, and the engineer has executed this agreement on the date hereinabove first written. CITY OF TIGARD, OREGON By Date ENGINEER By Date By sj/3548P/17P CONTRACT FOR ENGINEERING SERVICES - Page 6 i EXHIBIT I Duty of Engineer A. Basic Cervices: The proposal submitted, dated "January 27, 1989 and entitled "Request for Proposal, 121st Avenue" is attached and describes the responsibilities and duties of the Engineer and City and is hereby made a part of this contract. j sj/3786P CONTRACT FOR ENGINEERING SERVICES - Page 7 RECEIVED JAN 3 0 1989 C i 4805 S.W. Griffith Drive. Beaverton. OR 97005 Robert E. Mv-yer Consultants, inc. (503) 643-7531 88106 January 27, 1989 Gary Alfson, P.E. Transportation Engineer City of Tigard P.O. Box 23397 Tigard, OR 97223 Re: Request for Proposal 121st Avenue Gary: i Here is the proposal you requested for engineering services for 121st Avenue y improvement. Project Manager Dave Sandstrom, P.E. and Office Location: Robert E. Meyer Consultants, Inc. } 4805 S.W. Griffith Drive Beaverton, OR 97005 E 5031643-7531 f Subconsultants: Geotechnical Engineers L.R. Squier Associates P.O. Box 1317 1 t Lake Oswego, OR 97035 503/635-4419 The remainder of the requested data: • Description of Work e Schedule 0 Estimated fee along with current rate schedule is attached. Thank you for selecting MEYER - All of us appreciate this opportunity to work for f j you, Randy, and Tigard again. i i Engineering • Planning • Surveying • landscape Architecture 1 t e i Mr, Gary Alfson, P.E. City of Tigard January 27, 1989 Page 2 j i We are looking forward to a successful project, Gary. You will be able to call for bids to allow construction this summer. Call me at 643-7531 if you need more information. Sincerely, ROBERT E. MEYER CONSULTANTS, INC. obert E. Meyer, P RM:fr Encls. City of Tigard 121st Avenue Project DESCRIPTION OF WORK TASK 1: PRELIMINARY ENGINEERING 1.1 Meet with City to coordinate scope of work and schedule and to obtain as-built information. City to issue written notification to property owners prior to beginning field survey work. 1.2 Perform topographic survey from Springwood Drive to Burlheights Drive for design of proposed improvements and from Burlheights Drive south to Summer Creek for storm drainage evaluation and design. Survey will be performed using field to finish equipment. Survey will include location of buried utilities as marked by utility companies. Topographic base maps will be prepared at a scale of V'= 20'. Topographic survey will include field measurement of crest vertical curve stopping sight distances at critical locations per AASHTO standards. 1.3 Perform geotechnical investigation to obtain soils data necessary for preparing specifications for earthwork and subgrade preparation, to determine suitability of native materials for use I as structural fill, and to estimate depths of unsuitable material. 1.4 Prepare storm drainage evaluation using City of Tigard 1982 aerial topo maps at a scale of 1"=100'. Delineate subbasins tributary to S.W. 121st Avenue and establish design flows to be carried by storm drains in the street. Plot profile of existing storm drains, ditches and culverts from Burlheights Drive south to Summer Creek, evaluate existing system and make recommendation for improvements. Submit drainage plan and calculations to City for review. 1.5 Prepare draft design of widening improvements. Preliminary plan will depict existing topography; existing and proposed right- of-way lines; proposed curb and sidewalk limits; storm drainage; impact cn existing fences, trees, landscaping, and utilities; preliminary locations of light poles and buried utilities. The purpose of the preliminary plan is to define project elements and impacts on existing improvements so that design effort can be coordinated with input from property owners and City staff. Draft design will include evaluation of stopping sight distance data obtained from Task 1.2. Design of improvements to obtain minimum safe stopping sight distance, if required, to be authorized by the City as additional work. i 88106 1 of 4 1.6 Prepare preliminary opinion of construction cost based upon the draft design. Submit summary of costs to City. 1.7 Attend meeting with property owners and City staff to explain project and describe draft design. Meeting to be run by City. MEYER to provide colored print of draft design, assist City with preparation of handout material, and to answer questions during meeting. TASK 2: RIGHT-OF-WAY ACQUISI'T'ION 2.1 Obtain records of survey, deeds and other available documents from County Surveyor and Recorder for right-of-way research. 2.2 Based upon document research, field verify record monuments along existing right-.of-way of S.W.121st Avenue. 2.3 Assemble survey information from document research 'and field work and determine right-of-way requirements for project. Prepare preliminary base map for record of survey. 2.4 Calculate right-of-way acquisitions and prepare legal descriptions. 2.5 Furnish right-of-way acquisition information as soon as possible to City for use by City's agent in negotiations with property owners. 2.6 Work with project engineer and City during final design to determine slope easement requirements, and prepare descriptions as needed. 2.7 Subsequent to construction, replace record monuments disturbed by construction and set new monuments as required along centerline. Prepare record of survey to document remonumentation and monumentation of right-of-way centerline. File record of survey with County Surveyor. T ASK 3: FINAL DESIGN 3.1 Distribute preliminary plans to utility companies (PGE, GTE, Tigard Water District, Northwest Natural Gas, and Willamette Cable TV) and coordinate their engineering for undergrounding with project design. 3.2 Coordinate details for final design with affected property owners and City staff. 3.3 Prepare final construction drawings at a scale of 1"=20' based upon accepted preliminary plans from Task 1. Pavement section will be per City standard for major collector, and design details will be in accordance with City's draft Design Standards Manual. Plans will include the following sheets: z ~ 88106 2 of 4 A. 't'itle B. Street Plan/Profile - showing widening, curbs, sidewalk, street lights, drainage, and utilities C. Storm Drain Plan/Profile --showing improvements south of limit of road widening D. Typical Sections and Miscellaneous Details E. Signing and Striping Plan (plan information provided by city) F. 'T'raffic Control Plan - to facilitate traffic during construction and identify property access impacts 3.4 Prepare technical specifications based upon APWA and ODOT standard specifications as appropriate. 3.5 Prepare final engineer's opinion of probable construction cost and bid proposal form. 3.6 Submit plans and contract documents to City for distribution and review. 3.7 Meet with City to discuss review comments, and revise plans and specifications as required for approval. TASK 4: CONTRACT BIDDING 4.1 Prepare 30 sets each of construction plans and contract documents (assembled with City boiler plates) for bidding. 4.2 Assist City staff with bid advertising and answering Contractors' questions during bidding. 4.3 Attend bid opening, evaluate bids, and recommend contract award to City. TASK 5: CONSTRUCTION MANAGEMENT 5.1 Prepare for and attend pre-construction conference. 5.2 Assist City in preparing and distributing newsletter to notify residents of construction schedule and traffic and property access impacts. 5.3 Provide survey control and construction staking services as follows: A. Project benchmarks at appropriate intervals. B. One set slope stakes at top of bank or toe of fill at 50'± intervals. ~ $8106 3 of 4 i C. One set offset subgrade stakes at 50'± intervals. D. One set reference grade stakes to each storm drain manhole and catch basin, and offset grade.stakes along storm. drain pipeline at 50'± intervals. F. One set offset stakes for ditch grading at 50'± intervals. F. One set offset grade stakes for new curb at 25'± intervals and at quarter points of all curb returns. 5.4 Perform full-time inspection based upon a normal 40-hour work week and assuming a construction schedule of 60' calendar days to substantial completion. Provide an additional 15 calendar days of half-time inspection to maintain continuity through final inspection, preparation of punch list, and project acceptance by City. We will coordinate the project with the City's part-time inspector. 5.5 Provide testing services for pavement subgrade, rock, and asphalt compaction, trench backfill compaction, and sample extraction for asphalt analysis. 5.6 Our design engineer will be available to answer questions regarding contract documents throughout construction, and to visit the site as required. 5.7 Administer contract through construction, coordinating with City as needed. We will review change order requests by contractor, make design change and prepare change orders as necessary, and review monthly progress payments. 5.8 Upon notice of substantial completion, arrange final inspection with City and prepare punch list. We will check contractor's compliance with contract terms prior to recommending acceptance of the project and final payment. 5.9 Prepare record drawings for submittal to City. These drawings will be based upon notes and "red-lined" plans from the inspector and contractor. Items which differ substantially from design plans will be field verified by our surveyors as necessary. 88106 4 of 4 I ? SCHEDULE S. W. 121ST AVENUE CITY OF TIGARD 1989 FEB MAR APR MAY JUN JUL AUG SEP TASK 6132027613202731017241 815222951219263 10 17 24 3171421284111825 TASK 1 - PRELIMINARY ENGINEERING -1 1.1 Meet with City 1.2 Topographic Survey 1.3 Geotech. Investigation 1.4 Store Drainage Evaluation 1.5 Draft Design 1.6 Preliminary Cost Estimate 1.7 Meet with Property Owners TASK 2 - RIGHT-OF-WAY ACQUISITION 2.1 Obtain Survey Documents 2.2 Field Verify Record Monuments I - 2.3 Assemble Survey Information 2.4 Prepare Legal Descriptions 2.5 Furnish Ri bt-of-wa Info. 2.6 Slope Easement Requirements 2.7 Monumentatimn/Record of Survey;; TASK 3 - FINAL DESIGN ' 3.1 Coordinate with Utilities 3.2 Coordinate with Prop. Owners 3.3 Final Construction Drawings 3.4 Technical Specifications i J 3.5 Final Cost Estimate 3.6 Submit Plans and Specs. DESIGN! APPROVAL MAY 1S'Y 3.7 Meet with City T TASK 4 - CONTRACT BIDDING 4.1 Prepare Bid Sets ADVERTISE MAV 9 4.2 Assist City with Bidding SID OPENING MAY 3t7 9.3 Attend Bid Opening BID AWARD JUNE ,5 , TASK 5 - CONSTRUCTION MANAGEMENT 5.1 Pre-construction Conference i 5.2 Assist City wits Newsletter NTP JUNE 15 5.3 Provide Construction Staking 5.4 Perform Full-time Inspection 5.5 Provide Testing Services 5.6 Design Engineer Services 5.7 Administer Contract 5.8 Arrange Final Inspection 5.9 Prepare Record Drawings * MEETING • SUBMITTAL REVIEW PERIOD I r City of Tigard 121st Avenue Project FEE PROPOSAL The estimated fee for the work outlined in the Description of Work, Task 1 through Task 5, is $86,800. This fee will not be exceeded without prior written approval from the City. Work will be billed in accordance with the "Standard Hourly Rates for Services" attached. The following is a breakdown of estimated fees: I Preliminary Engineering $ 8,000.00 Final Engineering 21,500.00 Topographic Survey and Base Map 8,300.00 Geotechnical Investigation 2,100.00 Bidding and Contractor Selection 2,400.00 Right-of-Way Survey and Legal Descriptions 6,400.00 Construction Stakeout 8,800.00 y Construction Observation 17,500.00 Construction Contract Administration 10,500.00 i Construction Testing 1,300.00 TOTAL $ 86,800.00 1 i 88106 1 of 1 4 I City of Tigard 121st Avenue Project i ROBE RTE. MEYER CONSULTANTS, INC. STANDARD HOURLY RA'Z'ES FOR SERVICES OCTOBER 1, 1989 DESCRIPTION HOURLY RATES PRINCIPAL $ 80.00 PRINCIPAL ENGINEER $ 65.00 DESIGN ENGINEER $ 54.00-55.50 ENGINEERING TECHNICIAN $ 30.00-45.00 SURVEYOR $ 42.00-45.00 PLANNER $ 45.00 ARCHITECT $ 45.00 LANDSCAPE ARCHITECT $ 45.00 DRAFTSPERSON $ 33.00-39.00- SURVEY FIELD CREW (2-MAN) $ 65.00-70.00 SURVEY FIELD CREW (3-MAN) $ 85.00-90.00 RESIDENT PROJECT REPRESENTATIVE $ 30.00-45.00 WORD PROCESSOR $ 25.00 SUPPORT $ 25.00 * As approved by the client and when the project requires work outside the normal 8-hour day, 40-hour work week, Saturday, Sunday, or legal holiday E billing will be 1.50 times the amount shown. I TECHNICAL EQUIPMENT WORD PROCESSOR $ 10.00 COMPUTER WITH PLOTTER $ 15.00 EDM - ELECTRONIC DISTANCE MEASURING $ N/C TOTAL STATION $ 30.00 PROFESSIONAL CONSULTANTS AERIAL PHOTOGRAPHY ACTUAL COST + 10% I SOILS LABORATORY TESTING ACTUAL COST + 10% ALL CONSULTANTS ACTUAL COST + 10% 88106 1 0f2 f. . ROBERT E.' MEYER CONSULTANTS, INC. OTHER COSTS - SUPPLIES, REPRODUCTION, MILEAGE, COPIES AND MISCELLANEOUS October 1, 1989 POLYESTER FILM (MYLAR DRAFTING MATERIAL) PER SQ. FT. $ .60 SEPIA PER SQ. FT. $ 1.60 BLUELINE PRINTS: 22" X 34" PER SHEET $ 1.00 i 30" X 42" PER SHEET $ 1.25 XEROX COPIES PER SHEET $ .08 I MILEAGE CAR - PER MILE $ .30 SURVEY TRUCK - PER MILE $ .40 SURVEY MATERIALS STANDARD STAKES - PER STAKE $ .25 IRON RODS - PER ROD $ 2.00 I OUTSIDE REPRODUCTION ACTUAL COST + 10% PHONE CHARGES ACTUAL COST + 10% POSTAGE AND SPECIAL HANDLING ACTUAL COST + 10% FILE RECORD SURVEY ACTUAL COST + 10% f Standard hourly rates are adjusted annually on October 1 to cover increase in costs. The amount will not exceed six percent (6%) without authorization from the client. i i J 88106 2 of 2 MEMORANDUM February 1, 1989 TO: Randy Wooley, City Engineer FROM: Gary Alfson, Transportation Engine RE: Locust Street Consultant Contract jb~l Attached is the contract for Consultants Services for Cooper Consultants. Cooper Consultants were selected from the Statement of Qualifications submittals received from various consultants for the Major Streets Bond based on the qualifications of the firm and their ability to provide the services in a timely manner. The contract is for the design of the roadway improvements including street widening on the south side of the road, horizontal realignment of the sharp reverse curve east of the school, storm drainage, curbs, sidewalks, and associated utility improvements. Also included is the necessary surveying tasks for right-of-way acquisition and construction staking, contract administration, and for construction management. The contract amount is based on a not to exceed amount of $80,076.50, which is applicable for the scope of work required. Billing will be on an hourly basis, therefore a lesser total amount could be realized, if the work to complete the project is less than that estimated in the proposal. /bkm CITY OF TIGARD, OREGON CONTRACT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this day of February, 1989, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Cooper Consultants, Inc., 11675 SW 66th Avenue, Portland, Oregon 97223, whose authorized representative is Donald Kliewer, PE, and having a principal being a registered engineer of the State of Oregon, hereinafter referred to as the "Engineer." W I T N E S S E T H: WHEREAS, the Locust Street improvements, as part of the Tigard Major Streets Traffic Safety Improvement bond, has been proposed to improve Locust Street between Hall Boulevard and Greenburg Road; and, WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and essential to the public works improvement program of the City; and WHEREAS, the City desires to engage the Engineer to render professional engineering services for the project described in this Agreement, and the Engineer is willing to perform such services. IN CONSIDERATION of the promises and covenants hereinafter contained, the parties hereto hereby agree as follows: 1. Engineer's Scope of Services The Engineer shall perform professional engineering services relevant to the Project in accordance with the terms and conditions set forth herein, and as provided in Exhibit I, which is attached hereto and by this reference made a part of this Agreement. 2. Chanties in Scope If changes occur either in the Engineer's Scope of Services or the Description of the Project, a supplemental agreement shall be negotiated at the request of either party. Absent such supplemental agreement, each party shall only be bound to the terms of this original agreement. 3. Engineer's Fee A. Basic Fee. 1. As compensation for Basic Cervices as described in Sections 1.0 through 2.15 of Exhibit I of this Agreement, and for services required in the fulfillment of Paragraph 1, the Engineer shall be paid on an hourly rate CONTRACT FOR ENGINEERING SERVICES - Page 1 based upon the "Schedule of Rates" in Exhibit 1 of this agreement, which shall constitute full and complete payment for said services and all expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. The Basic Fee shall not exceed the amount of eighty thousand, seventy six and 50/100 dollars ($60,076.50). 2. The parties hereto do expressly agree that the Basic Fee is based upon the Scope of Services to be provided by the Engineer and is not necessarily related to the estimated construction cost of the Project. In the event that the actual construction cost differs from the estimated construction cost, the Engineer's compensation will not be adjusted unless the Scope of Services to be provided by the Engineer changes. B. Payment Schedule for Basic Fee. Payments shall be made upon receipt of billings based on the work completed. Billings shall be submitted by the consultant periodically, but riot more frequently than monthly. Payment by the City shall release the City from any further obligation for payment to the engineer for service or services performed or expenses incurred as of the date of the statement of services. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Payment for Special Services. Only when directed in writing by the City, the Engineer shall furnish or acquire for the City the professional and technical services based on the hourly rate schedule as described in Exhibit i of this contract for minor project additions and/or alterations. D. Certified Cost Records. The Engineer shall furnish certified cost records for all billings pertaining to other than lump sum fees to substantiate all charges. For such purposes, the books of account of the Engineer shall be subject to audit by the City. The Engineer shall complete work and cost records for all billings on such forms and in such manner as will be satisfactory to the City. E. Contract Identification The Engineer shall furnish to the City its employer identification number, as designated by the Internal Revenue Service, or Social Security Number, as the City deems applicable. CONTRACT FOR ENGINEERING SERVICES - Page 2 F. Gross Receipts Tax. To the fees and other payments payable hereunder, the Engineer r.- may add any applicable gross receipts tax. 4. Ownership of Plans and Documents: Records A. The field notes, design notes, and original drawings of the construction plans, as instruments of service, are and shall remain, the property of the Engineer; however, the City shall be furnished, at no additional cost, one set of reproducible mylars of the original drawings of the work. B. The City shall make copies, for the use of and without cost to the Engineer, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Engineer pursuant to this Agreement, and also make available any other maps, records, or other materials available to the City from any other public agency or body. C. The Engineer shall furnish to the City, copies of all maps, records, field notes, and soil tests which were developed in the course of work for the City and for which compensation has been received by the Engineer at no additional expense to the City except as provided elsewhere in this Agreement. 5. Engineer Is Independent Contractor A. Engineer's services shall be provided under the general supervision of City's project director or his or her designee, but Engineer shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under paragraph 4 of this Agreement. B. In the event Engineer is to perform the services described in this Agreement without the assistance of others, Engineer hereby agrees to file a joint declaration with City to the effect that Engineer's services are those of an independent contractor, as provided under Chapter 864 Oregon Laws 1979. C. Engineer acknowledges that for all purposes related to this agreement, Engineer is and shall be deemed to be an independent contractor and not an employee of City, shall not be entitled to benefits of any kind to which an employee of the City is entitled and shall be solely responsible for all payments and taxes required by law; and furthermore in the event that Engineer is found by a court of law or an administrative agency to be an employee of the City for any purpose, City shall be entitled to offset compensation due to demand repayment of any amounts paid to Engineer under the terms of the agreement, to the full extent of any benefits or other renumeration Engineer receives (from City or third party) as as result of said finding and to the full extent of any payments that City is required to make (to Engineer or to a third party) as a result of said finding. CONTRACT FOR ENGINEERING SERVICES - Page 3 D. The undersigned Engineer hereby represents that no employee of the City of Tigard, or any partnership or corporation in which a city employee has an interest, has or will receive any remuneration of any description from the Engineer, either- directly or indirectly, in connection with the letting or performance of this contract, except as specifically declared in writing. 6. Engineer's Employees Medical Payments Engineer agrees to pay promptly as due, to any person, copartnership, association or corporation furnishing medical, surgical, and hospital care or other needed care and attention incident to sickness or injury to the Engineer's employees, all sums which the Engineer agreed to pay for such services and all monies and sums which the Engineer collected or deducted from employee wages pursuant to any law, contract or agreement for providing or paying for such service. 7. Early Termination A. This Agreement may be terminated without cause prior to the expiration of the agreed upon term by mutual written consent of the parties and for the following reasons authorized by ORS 279.326: 1. If work under the Contract is suspended by an order of a public agency for any reason considered to be in the public interest other than by a labor dispute or by reason of any third party judicial proceeding relating to the work other than suit or action filed in regard to a labor dispute; and t 2. If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Contract. B. Payment of Engineer shall be as provided by ORS 279.330 and shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Engineer against City under this Agreement. C. Termination under ary provision of this paragraph shall not affect any right, obligation or liability of Engineer or City which accrued prior to such termination. 8. Cancellation for Cause. City may cancel all or any part of this Contract if Engineer breaches any of the terms hereof or in the event of any of the following: Insolvency of Engineer; voluntary or involuntary petition in bankruptcy by or against Engineer; appointment of a receiver or trustee for Engineer, or an assignment for benefit of creditors of Engineer. Damages for breach shall be those allowed by Oregon law, reasonable and • necessary attorney's fees, and other costs of litigation at trial and upon appeal. CONTRACT FOR ENGINEERING SERVICES - Page A i i f 4. Assignment This Agreement shall not be assignable except at the written consent of the parties hereto, and if so assigned, shall extend to and be binding upon the successors and assigns of the parties hereto. 10. Nonwaiver. The failure of the City to insist upon or enforce strict performance by Engineer of any of the terms of this contract or to exercise any rights hereunder shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon such terms or rights on any future occasion. 11. Attorney's Fees In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay to the winning party such sum as the Court may adjudge reasonable attorney's fees and court costs including attorney's fees and court costs on appeal to appellate courts. 12. Applicable Law This contract will be governed by the laws of the State of Oregon. 13. Conflict Between Terms Should there be any conflict between the terms of this instrument and the proposal of the Engineer, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 14. Indemnity The Engineer agrees to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against all suits, actions, or claims of any character brought because of any injury or damage received or sustained by arty person, persons, or property arising out of or resulting from any asserted negligent act, error, or omission of the Engineer or its agents or employees. 15. Insurance The Engineer agrees to procure and maintain at its expense until final payment by the City for services covered by this Agreement, insurance in the kinds and amounts hereinafter provided with insurance companies authorized to do business in the State of Oregon, covering all operations under this Agreement, whether performed by it or its agents. Before commencing the work, the Engineer shall furnish to the City a certificate or certificates in a form satisfactory to the City, showing that it has complied with this paragraph. All certificates shall provide that the policy shall not be changed or cancelled until at least ten (10) days' prior written a notice shall have been given to the City. Kinds and amounts of insurance required are as follows: CONTRACT FOR ENGINEERING SERVICES - Page 5 t t Workers' Compensation Insurance, Workers' compensation from the State Accident Insurance Fund or from a responsible private carrier. Private insurance shall provide the schedule of employee benefits required by law. Liability Insurance. Professional liability insurance in an amount riot less than $500,000 per claim and aggregate and automobile liability insurance in an amount not less than $250,000 for injuries to any one person and $500,000 on account of any one accident and in an amount of riot less than $100,000 for property damage to protect the Engineer and its agents from claims which may arise from services rendered under this Agreement, whether such services are rendered by the Engineer or by any of its agents or by anyone employed by either. 16. Multi-Phase Construction Contracts Where multi-phase construction contracts are deemed to be in the best interest of the City and are so ordered in writing by the City, then a supplement to this Agreement shall be negotiated between the Engineer and the City. 17. Complete Agreement This contract and any referenced attachments constitute the complete agreement between the City and Engineer and supercedes all prior written or oral discussions or agreements. IN WITNESS WHEREOF, the City has caused this agreement to be executed by its duly authorized undersigned officers, acting pursuant to action of the Contract Review Board, duly passed at the regular meeting held on the day of February, 1989, and the engineer has executed this agreement on the date hereinabove first written. CITY OF TIGARD, OREGON By Date ENGINEER By Date By sj/3548P/17P CONTRACT FOR ENGINEERING SERVICES - Page 6 EXHIBIT I Duty of Engineer A. Basic Services: The submitted proposal, dated January 27, 1989 and entitled "SW Locust Street Improvement Project, Proposal for Engineering Services" is attached and describes the responsibilities and duties of the Engineer and City and is hereby made a part of this contract. sj/35Q8P CONTRACT FOR ENGINEERING SERVICES - Page 7 RECEI'M JAN 3 01989 cwnmimity tkv ICAMn^* SW LOCUST STREET IMPROVEMENT PROJECT PROPOSAL FOR ENGINEERING SERVICES Prepared for CITY OF TIGARD 13125 SW Hall Blvd. Tigard, Oregon 97223 i By COOPER CONSULTANTS, INC. 11675 SW 66th Avenue Portland, Oregon 97223 i i i SCOPE OF WORK LOCUST STREET IMPROVEMENT PROJECT 1.0 GENERAL 1.1 Location The proposed project is located on SW Locust Street between SW Hall Blvd. and SW Greenburg Road along the northerly city limits of the City of Tigard. The project begins at the intersection of Hall Blvd. with Locust Street extending approximately 1800 feet west along Locust Street to a point approximately 800 feet east of Greenburg Road. 1.2 Description The project will consist of-the design and preparation of complete construction plans, special provisions, cost estimates and engineering investigations/data and surveys for the widening of southerly half of Locust Street, or reconstruction of sections which cannot be improved through overlay of the existing pavement section, and construction of storm drainage. 1.3 Construction Cost This project has been approved by the City of Tigard with a budget of $450,000. This cost includes engineering services, construction, any right-of-way acquisition, construction staking, quality control inspection and project administration. 1.4 Organization The City of Tigard will administer the contract for Consultant services, contract for construction and negotiate necessary right-of-way purchases. 1.5 Length of Services The length of service shall be 255 days from notice to proceed, including bidding, award and actual construction. Performance of services during this period is subject to no delays on account of public comments on the preliminary design. The bid/award period and the length of construction have been assumed to be 130 days. 1.5.1 Project Milestones The Consultant shall complete the preliminary design together with field surveys, soils investigation and initial right-of-way acquisition needs within 41 i calendar days from notice to proceed. Final plans, special provisions and cost estimate shall be completed within 83 days from notice to proceed. i As-built drawings shall be completed within 30 days of substantial completion of construction and receipt of all construction records. 1.6 Applicable Standards The following standards shall be followed through the design and construction of the project, as applicable. i Street and Utility Improvement Standards, Chapter 18.164 Tigard Community Development Code City of Tigard Design Standards manual, 1988 g (preliminary) Uniform Bid Packet for Public Works Construction r Oregon Chapter, American Public Works Association Standard Specifications and Drawings Manual e Highway Design Manual, Oregon Department of Transportation, Highway Division t; I< FHWA Manual on Uniform Traffic Control Devises, with i, s Oregon Supplement n AASHTO Policy on Geometric Design of Highway and Streets, 1984 (Green Book) Washington County Uniform Road Improvement Design Standards i 1.7 Design Criteria Design,of this project will be guided by the basic design { criteria listed below. I i Design Speed - 35 mph Pavement Design: City of Tigard Major Collector Street and City of Tigard Overlay Requirements ! Roadway Section - Half street improvement, 22 feet, centerline to face of curb Curb & Gutter Type - City of Tigard, Std Dwg No. RD-1 Sidewalk - City of Tigard, Std Dwg No RD-4 Storm Inlets - City of Tigard, Std Dwg No. S-1 Storm Frequency - 25 years 2.0 WORK TO BE PERFORMED BY CONSULTANT The Consultant shall be responsible for the work outlined in this section. 2.1 Level of Effort The work consists of the preliminary engineering, final design, construction plan preparation, special provisions, engineers cost estimate, construction traffic control plan, signage and pavement marking plan, design surveys, geotechnical investigation, drainage report, right-of-way acquisition requirements, utility relocation coordination and services during construction, including full time quality control inspection. The Consultant shall prepare and review with the City of Tigard preliminary engineering data, maps and reports necessary to verify existing conditions affecting the design and finalize project scope and cost. Preliminary data shall be provided by the City of Tigard including: Topographic maps, scale 1" = 100' As-built drawings of existing storm drains and streets Existing right-of-way information Survey monumentation and datum (city records) Camera ready bid document material, other than Special Provisions 2.2 Surveys and Mapping The Consultant shall review available information and records of the City of Tigard and conduct complete field surveys suitable for construction plan preparation and meeting the technical requirements of the City and Washington County Surveyor. 2.2.1 Surveys shall include locating and referencing of bench marks and control points, including beginning and end of the project, PCs, PIs and PTs of curves, and available property corner pins adjacent to the right-of-way. 2.2.2 Surveys are to include: base line control and profile topographic surveys based on cross-sections at 25 foot intervals within the right-of-way drainage profiles within the right-of-way centerlines and profiles of side streets (up to 200') existing utility locations existing power and telephone and guy wire locations location of trees over 4" dia. location type of existing fences location and elevation of driveway pads 2.3 Geotechnical Investigation The Consultant shall perform geotechnical exploration and prepare a geotechnical report, including all necessary laboratory testing of materials. Four test pits will be excavated along the south shoulder of the roadway to check conditions beneath the planned street widening area. Temporary barricades for traffic safety will f be provided for portions of the south lane of traffic during all field work. Laboratory testing will be limited to gg natural moisture content measurement of samples from the test l` pits. It is understood that the City will provide the Consultant with overlay thicknesses based upon field observations. i Technical analysis will focus on providing geotechnical recommendations on street reconstruction where required, and street widening pavement section design. Three copies of the geotechnical report will be provided to - the City of Tigard. r 2.4 Utility Relocation The Consultant shall prepare reproducible plans including existing utility locations, for the negotiation of utility r adjustments, and discussions with city officials and other 5 appropriate agencies. 2.4.1 The Consultant will coordinate with the utility companies to resolve conflicts of location or k relocation with other facilities along the project. E 2.4.2 Where utility conflicts occur which require utility relocation agreements between the affected utility and the City of Tigard, the Consultant will advise the City. 2.5 Public Meetings At least one public meeting is anticipated for this project. The Consultant and his staff shall be available, at five (5) weekdays notice, to attend meetings or make presentations at the request of the City of Tigard. The purpose of these meetings shall be to inform the public of the scope, details, and anticipated schedule of the project. Such meetings and presentations may be held at any hours between 8:00 a.m. and 12:00 midnight on any day of the week except legal holidays. The Consultant may be called upon to provide maps and similar material for such meetings. 2.6 Roadway Design The Consultant shall prepare design plans and construction documents for the roadway improvements including, but not necessary limited to: Cover sheet General notes Summary of sheets Typical roadway sections Plans and profiles Intersection plans and profiles Quantities Details Special provisions 2.6.1 Water.System Design - Not Applicable. 2.6.2 Sewer System Design - Not Applicable. 2.6.3 Storm Drainage Design The Consultant shall be responsible for preparing a Drainage letter report. The Consultant shall review current floodplain maps to identify floodplains and probable floodplain impacts, assess possible drainage problems and identify possible solutions, determine initial discharge values from the roadway, and tentative roadway storm drain sizing and alignment. Alternatives for the easterly end of the project will include a storm drain discharging to Ash Creek on Locust Street and south on Hall Blvd. to the same creek. The results shall be presented in the initial Drainage letter report, along with the preliminary Design Submittal, for review by the City of Tigard. 1C • 1 The Consultant shall refine the selected drainage system concepts to include design of storm sewers, other drainage structures, location and design of ditch inlets and catch basins for the roadway. It i does not include construction documents for.off- F site drainage. This can be added when the report identifies the scope of work. ! f 2.6.4 The Consultant shall prepare design plans and construction documents for storm drainage improvements including: Plans and Profiles for: Catch basin/inlet Storm drain and culvert Outfall ditches/channels Retention/detention structures - Not Applicable Quantities i Special Provisions , i 2.7 Traffic Engineering r 2.7.1 Construction Traffic Closures and Detours ! 4 The Consultant shall prepare traffic control contract documents for each phase of construction, detailing construction phasing, patterns for traffic flow, any temporary signing, public notification, temporary pavement marking, temporary concrete barriers, arrow boards, flagging operations, etc. 2.7.2 Signalization Plans - Not Applicable 2.7.3 Signing Plans The Consultant shall prepare designs and contract documents for signing plans including layouts showing the locations of ground mounted signs, special sign details, and any structural or foundation requirements in accordance with applicable design standards. Any requirements for electric service shall be coordinated with the local electric utility. 2.7.4 Pavement Marking Plans The Consultant shall prepare designs and contract documents for pavement marking plans including striping, crosswalks, intersection details, ` reflective pavement markers and traffic delineators. C 2.8 Right-of-Way Plans New or additional Right-of-Way is anticipated for this project. The Consultant shall evaluate Right-of-Way requirements and prepare centerline descriptions as appropriate for project construction. Legal documents, including but not necessarily limited to title reports and transfer documents, will be prepared by the City of Tigard. 2.8.1 Construction Easements The Consultant shall determine the necessity for temporary construct~on.easements and identify their location and size. 2.8.2 Drainage or Slope Easements If drainage or slope easements are required, the Consultant shall identify locations for easements as indicated above. 2.8.3 Right-of-Way Acquisition It is intended that these plans and legal documents will be used directly by the City of Tigard for acquisition of property and must therefore be adequate for this purpose. The Consultant shall secure data necessary for the completion of the descriptions, including reviewing the existing data available, reviewing latest deed of record, title search, necessary field surveys, and the determination of the required area of taking. 2.9 Cost Estimates The Consultant shall prepare cost estimates at the conclusion of both the preliminary engineering and final construction plans. The Consultant shall immediately advise the City of Tigard in writing, if he has any reason to believe the project cannot be constructed within the allocated budget. The Consultant shall identify options to maintain the project within the budget. 2.10 Document Preparation 2.10.1 Special Provisions The Consultant shall prepare special provisions for items, details and procedures not adequately covered by the American Public Works Association Construction Standard Specifications. 2.10.2 Bid Documents The Consultant will prepare complete contact documents utilizing camera-ready bid packet materials provided by the City together with the Special Provisions and bid preparation forms. The first 30 copies of the documents will be prepared and delivered to the City and interested plan holders. If additional copies are required, a reproducible set will be made available to the city. 2.10.3 Bid Advertisement A description of the project will be prepared and an advertisement for bids developed in accordance with the City of Tigard's standard procedure. The City of Tigard will be responsible for determining the dates of publication, placing advertisements in local publications together with the cost of publication. 2.11 Services During Bid and Award g` 2.11.1 Pre-Bid Conference f; The Consultant shall, prior to the pre-bid conference, be prepared to walk the project with. t., the assigned City of Tigard personnel to discuss the plans and details. The Consultant shall be prepared to attend the pre-bid conference, if one is scheduled, and respond to questions related to the plans, details, and special provisions. 2.11.2 Addenda The Consultant shall prepare any addenda required to clarify the work included in the contract documents. Addenda may be required based on the project inspection with the assigned City of i Tigard personnel, or questions developed in the pre-bid conference, or conditions discovered by bidders during the bid period. F' t 2.11.4 Bid Analysis; The Consultant may be requested to prepare an analysis of the construction contract bids. The analysis could address any questions concerning quantities, the review of and recommendations fo alternates, and the ranking of the bidders based S I on factors available in the bids. 2.14 Services During Construction 2.14.1 Design Interpretation The Consultant shall be available to respond to questions in the field that may arise relative to the plans, details or special provisions during construction. 2.14.2 Submittal Review The Consultant shall review and approve shop drawings, erection procedure plans and`falsework and formwork details, review proposals for . substitutions, develop change orders, and provide other engineering services required to facilitate construction of the project. 2.14.3 Pre-Construction Meeting The Consultant will attend the preconstruction meeting to answer the Contractor's questions regarding the construction documents and assist in the interpretation of the documents. 2.14.4 Quality Control Inspection VV ~0 The Consultant will provideva full-time inspector to observe the Contractor's operation. This qualified inspector will report to the City the progress, quality of work and site conditions being observed. He will endeavor to have construction proceed in accordance with the Construction documents. The City will provide for material testing during construction. The Consultant will provide survey control to the contractor. Construction staking will be performed by the Contractor as part of his scope of work. 2.14.5 Payment Request Review The Consultant will review the Contractor's pay request to ensure it corresponds to work completed in the field. 2.14.6 Change Order Preparation The Consultant will review field conditions and, if necessary, prepare changes to the contract documents for approval by the City and the Contractor. 2.15 As-Built Drawings The Consultant will prepare As-Built plans based upon legible red-line drawings prepared by the Contractor during construction. i; { i i i I PROJECT SCHEDULE Task Commence Complete Notice to Proceed Feb. 20 Topographical Survey Feb. 20 March 3 Geotechnical Work Feb. 20 March 10 Base Sheets March 6 March 10 Preliminary Design March 13 March 27 Storm Drainage Evaluation March 13 March 27 Property Owners Meeting March 28 Initial R.O.W. Requirements March 27 R.O.W. Descriptions April 14 Roadway Design March 27 April 7 Storm Design April 7 April 21 Miscellaneous Plans/Details April 21 April 28 J Contract Specifications April 28 May 5 Final Estimate April 28 May 5 j City Review May 8 May 12 Advertise/Bidding Period May 11 June 12 Open Bids June 12 Award June 13 Notice to Proceed June 26 Construction Period June 26 Sept. 23 i j t i~ f COOPER CONSULTANTS, INC CITY OF TIGARD 11675 S.W. 66TH AVENUE LOCUST STREET IMPROVEMENT PROJECT PORTLAND, OR 97007 0!-FeD-89 COST ESTIMATE djk: kct b be sd rTEMIEMPLOYEE SASS?r?.A?IOi25 Pl'I?? PVT? PIT TIII CST: TC7A: -~---TASK f ---------i A, , ---------------------------T-- T I B: LL D U i - I CyrLOYcE HOURS KUR5 CO-- r-------- •ROJECT MANA6E!fEtr.----------- i ! Protect Administration ' 48 ' 43 ! $4,152.00 ! Meeinos with Client I 48 ! 43 ' S4, 15_.00 1 (PRELIMINARY ENGINEEING ! 1 Topagraohic Survey I........... 4 ! 4 ; 5282. 0E ' 3as2 Sheets 3 48 ! ! 52,220.00 ' Storm Drainage Eval ' 16 16 5'.580.00 stimate ! 4 16 24 2 ' 45 ! 395.0 ! Cost Estimate- P.r--erty Owners Meeting 4 1 E 8 24 ! Si, 21 . 21.0@ ' RIGHT-OF-WAY Existing ROW Manuscript 4 ' 4 ' 5282.00 ROW Descriptions I. 6 u $564.00 Acquisition (by City) 4 4 ! $282.00 1 1 !DESIGN ! I i Roadway Geometries 2 24 Be Storm Drainage 16 64 106 $4,6'25.00 1 24 ! 56 I 54,523.00 ! Utility Coordination I........... 8 24 32 ! 31,392.00 ( 1. Signing and Striping 4 16 20 I 3958.00 Traffic Control 'elan !6 24 40 S $2,!42.00 ! DOCUMENT PREPARATION ' Quantity/Cost Estimate 4 24 8 4 40 I 51 , 542.00 i Specification 1........... 16 24 40 80 $2,896.00 ! r Advertise/Bid/Award/NTP 24 40 54 I $2,632.00 t: t (CONSTRUCTION MANAGEMENT I ' 1 ! 1 r ! Preconstruction Meetinc_ 1 4 fi 4 i2 1 $766.00 ! l' ' Insaettion (14 weeks) 560 560 1319,320.00 ange Orders 24 4 48 ! 52,256.00 Ch Payment Request Review 6 6 3423.00 I As=Constructed Drawinq_s I...................... 26 26 TOTAL HOiR5 I 108 198 894 130 !10 0 1440 BILLOUT HOURLY RATE $86.50 $70.50 $34.50 $42.25 $23.50 $.00 ! ! ---EMPLOYEE COSTS $9,342_00 $13,95'3-------------- 00 330,84300 $5,492.50 $2,585_00 3.00 1 ! 362,221.50 1 -1--------- - )..LOUT Z CODE) OTHER DIRECT EXPENSES ! COST ! !SUMMARY ! 10STS ! ----t------ f---------r--------- 137 ;SUPPLIES I 3.00 'LABOR 1 362"' 138 (FREIGHT/POSTAGE ! $.0@ ! !EXPENSES 517,3°5.00 1 139 OUTSIDE SERVI'C'ES ! $900.00 ' -I ! 140 MILEAGE 1 $350.00 TOTAL (58@,@75.5@ 141 COMMUNICATIONS , $.0D 142 REPRODUCTION 584@.00 143 TRANSPORTATION (AIR) $.00 ! 143 TRANSPORTATION (AUTO) 3.@0 143 TRANSPORTATION (MISC.) ± $.00 ! 144 )SUBSISTENCE $.00 ! 145 COMPUTER USP.GE 1 $800.00 ! 146 CONSULTANTS (GEOTECHNICAL) $?,465,00 i -146- CONSULTANTS (SURVEY) -_---!311,500.00- , TOTAL EXPENSES- __1$17,855.00 , ! I ! ! f SCHEDULE OF HOURLY RATES Effective December 1, 1988 f Grade Average Rate Level Title $/Hour E 9 Executive Engineer 120.00 E 8 Principal-in-Charge 94.00 E 7 Principal Engineer 86.50 E 6 Senior Engineer ; 70.50 E 5 Project/Construction Manager 61.00 E 4 Project/Resident Engineer 51.00 E 3 Assistant Project Engineer 42.50 E 2 Junior Engineer 34.50 E 1.2 Engineer-in-Training 28.50 E 1.1 Engineering Assistant 23.50 P 8 Principal-in-Charge 82.50 P 7 Principal Architect/Planner 67.75 P 6 Senior Architect/Planner 54.00 P 5 Survey Supervisor/Project Manager 61.25 P 4 Project Architect/Planner 46.25 P 3 Surveyor/Job Captain 42.00 P 2 Architectural Designer 36.50 P 1 Architect/Planning Assistant 28.75 T 9 Specification Writer 42.50 T 8 Cost Estimator 42.50 T 7 Technical Writer 58.25 T 6 Senior Construction Inspector 56.25 T 5 Senior Engineering Technician 42.25 T 4 Construction Inspector 47.50 T 3 Assistant Surveyor/Inspector 36.50 T 2 Senior Drafter 32.00 T 1.2 Drafter/Crew Assistant 23.75 T 1.1 Technical Aide 17.50 A 5 Administrative Manager 49.50 A 4 Administrative Supervisor 37.50 A 3 Executive Secretary/Senior Clerk 31.50 A 2 Secretary/Word Processor 23.50 A 1.2 Clerk/Receptionist 19.00 A 1.1 Administrative/Clerical Aide 15.25 These rates include both overhead and profit and apply to the following professional services: studies, investigations, designs, field surveys, evaluations and consultations, planning, cost estimating, construction inspection, manual preparation, and related services. Salary rates are subject to review twice annually with the above schedule subject to change. 143.48/15 RATEWITH/PFS i CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA Of : February 13, 1989 DATE suBMITTED: 2!0 -~'9 ISSUE/AGENDA TITLE: Final hearing on PREVIOUS ACTION: Hearing set by k. SW 79th Avenue Streetlightin LID Resolution 89-07 i/ PREPARED BY: R. Woole DEPT HEAD 01C CITY ADMEN OIC REQUESTED BY: POLkCY ISSUE Public hearing on final assessments for the SW 79th Avenue Streetlighting Local Improvement District. INFORMATION SUMMARY On January 23, the Council received the final engineer's report for the LID and set February 13 as the hearing date on the final assessment roll. Any objections must be submitted to the Council in writing prior to the hearing. Following the hearing, it is appropriate for the Council to adopt the final assessment roll, with any revisions that may result from the hearing. The Municipal Code provides that assessments in excess of $25 may be paid in installments. Because the assessments in this LID are only $78.54 per parcel, staff recommends that the time period for installment payments be set at one year. City policy is to charge interest on LID payments at a rate two percentage points higher than bond interest paid by the City. Based on recent bond sales, the Finance Director has recommended an interest rate of 8.25 percent. ALTERNATIVES CONSIDERED 1. Approve the attached ordinance adopting the final assessment roll and providing for installment payments. 2. Revise the assessment roil. FISCAL IMPACT All costs are borne by the LID. SUGGESTED ACTION Recommendation to follow the public hearing. ke/8637D r CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 2-13-89 DATE: SUBMITTED: February 2, 1989 ISSUE/AGENDA TITLE: Temporary PREVIOUS ACTION: Council direction to Closure of North Dakota Street schedule a public hearing PREPARED BY: Randall R.Woole k" L Par DEPT HEAD CITY ADMIN 0Q.." REQUESTED BY: Anton Park Association POOL CY ISSUE Public hearing on temporary closure of SW North Dakota Street at north boundary of Anton Park Subdivision. INFORMATION SUMMARY In December, the Council reviewed a request from Anton Park for closure of North Dakota Street. The council. directed that a public hearing be scheduled to consider a temporary street closure. On January 24, 1989, the Planning Commission, the Transportation Advisory Committee and NPO # 7 met jointly and heard a presentation from Anton Park and others, Attached is the staff- report which was presented to the three advisory bodies. Following the joint meeting, the Planning Commission and NPO # 7 considered the street closure in separate meetings. Their recommendations are attached. The transportation Advisory Committee will consider the matter at their regular meeting on February 9th and their recommendation will be available at the public hearing. ALTERNATIVES CONSIDERED 1. Decide in favor of the temporary street closure, determine the duration of the street closure, and direct staff to prepare the appropriate resolution. 2. Deny the request for street closure, FISCAL IMPACT ' i t If the street is closed, there will be installation and maintenance costs for E barricades and signing (approx. $1,000). Depending on duration of the closure F it may also be necessary to construct a temporary turnaround (approx. $5,000). Y t i SUGGESTED ACTION ; 1. Staff- recommends that the request- for street closure be denied and that } City Engineer and Police Chief continue to work with the neighborhood to mitigate traffic problems in other ways. 2. If the temporary closure is granted, staff- recommends that the street be f reopened upon completion of widening of Scholls Ferry Road to 5 lanes between Fanno Creek and North Dakota Street. 8955D w i CONSIDERATION OF A TEMPORARY CLOSURE OF NORTH DAKOTA STREET AT ANTON PARK Background: On February 13, 1989, the City Council will hold a hearing to consider the temporary closure of S.W. North Dakota Street at the north boundary of Anton Park. The street closure has been requested by residents of the Anton Park subdivision. The residents have objected to the traffic volumes and traffic speed on North Dakota Street through the Anton Park subdivision. The attached sketch shows the location of the proposed street closure. S.W. North Dakota Street is a minor collector street under the city's Comprehensive Plan Transportation Map. A permanent closure of the street would require a revision to the comprehensive Plan Map. However, the City Attorney has advised the City Council that a temporary closure may be granted without modification of the Comprehensive Plan Map. It appears that some motorists are using North Dakota Street to bypass the traffic congestion which is occurring on Scholls Ferry Road during peak traffic periods. By using North Dakota Street, motorists can avoid the congested intersection of 121st and Scholls Ferry Road. Also, by continuing eastward on North Dakota Street, motorists can access Hwy. 217 at Greenburg Road as an alternative to using Scholls Ferry Road to reach Hwy. 217. North Dakota Street aligns with 125th Avenue at Scholls Ferry Road. It appears that some traffic from Beaverton is traveling down 125th and continuing along North Dakota Street to reach 121st Avenue, rather than turning at Scholls Ferry Road and jogging west to 121st Avenue. The City of Beaverton staff have proposed that the street be realigned to provide a connection in Beaverton between 125th and 121st. This connection would align the major north-south street in Beaverton with the major north-south street in Tigard. There has been some objection to this proposal and it is still under consideration by the City of Beaverton. Additional Comprehensive Plan review is proposed by Beaverton during the coming year. Within the next year, Beaverton is likely to make a decision on whether to include the 121st/125th connection in their Comprehensive Plan. Construction of such a connection woui.l be expected to relieve traffic on North Dakota Street in the Anton Park area. Impacts: Some potential impacts of a temporary closure of North Dakota Street at Anton Park include the following: Less traffic in Anton Park. Currently, North Dakota Street in Anton Park carries approximately 3650 vehicles per day. If the temporary street closure is granted, the traffic on North Dakota Street in Anton Park would be restricted to local traffic and would likely be less than 1000 vehicles per day. More traffic on other streets. If North Dakota Street is closed, then over 2000 vehicles per day would be diverted to other streets. It is Page 1 likely that these diverted trips would be on 121st Avenue, Scholls Ferry Road, or Walnut Street. Less traffic on North Dakota street east of 121st. Closure of the street at Anton Park would make it slightly more difficult to reach North Dakota Street east of 121st. It is likely that some motorists now using North Dakota Street would change to Scholls Ferry Road or Walnut Street instead. More congestion on Scholls Ferry Road and 121st Avenue. The diverted traffic would cause some increase in the traffic on Scholls Ferry Road and on 121st Avenue at Scholls Ferry Road. The State Highway Division estimates that there would be a slight increase in delays at the 121st/Scholls intersection. The State estimates that the increase in delays would not be so significant as to change the level of service indicator assigned to these intersections by the State. More congestion on Walnut Street. It is likely that some of the diverted traffic would use Walnut Street, causing some increase in congestion at the Walnut/121st intersection. More traffic on Springwood Drive. Springwood Drive residents have also complained of through traffic. It appears that motorists use Springwood Drive to avoid the congestion at the Scholls/121st intersection. Any increase in the traffic at the Scholls/121st intersection is likely to cause some increase in through traffic on Springwood Drive. Reduced neighborhood access. The street closure will cause a more circuitous access route to some neighborhoods. Anton Park will access only from 121st Avenue. The Summerlake area will have access only from Scholls Ferry Road. This will necessitate longer trips for some motorists and could increase emergency vehicle access time in certain situations. It may also require revisions to some school bus routes. Need to construct a turnaround. There may be some construction costs involved in providing a temporary turnaround at the street closure point. Driver confusion. Even with good signing of the street closure, there is likely to be some confusion for drivers not familiar with the area. North Dakota Street will still look like a through street for drivers approaching from Scholls Ferry Road or from 121st Avenue. Problems of reopening. Once a temporary closure is ended and the street is again opened, we can expect that traffic volumes in the Anton Park neighborhood will again increase. It is likely that complaints of traffic volume and traffic speeds will again be heard from Anton Park. Residents who move to the neighborhood during the time of the temporary street closure may not be aware of the temporary nature of the street closure and may object to the reopening of the street. Page 2 Closure Duration: If the City Council grants the request for a temporary street closure, it will be necessary to specify the duration of the closure. The duration could be defined as a specific time period. Alternatively, the Council could grant the street closure for a temporary period to expire upon completion of some other specific action (such as completion of construction of specific street improvements). Some possible events that could be used to trigger the end of a temporary street closure include the following: Widening of Scholls Ferry Road to 5 lanes between Fanno Creek and 125th Avenue. This State Highway project is proposed for construction during 1990 and 1991. It is likely that construction will be completed by the fall of 1991. Construction of a connection between 121st Avenue and 125th Avenue. It is not known if this connection will ever be constructed. The City of Beaverton will be considering this change to their Comprehensive Plan during the next year. If the change is approved, the construction schedule for the roadway is not yet known. Improvement of all collector and arterial streets in the northwest part of Tigard to full design standards in accordance with the Comprehensive Plan Transportation Map. This would require improvements to Scholls Ferry Road, improvements to Walnut Street, improvements to 121st Avenue, and construction of the Murray Blvd. extension. If all of these streets ' were in place, it appears that the arterial streets and major collector streets would be more attractive routes for motorists and North Dakota Street would attract a smaller share of the through traffic. Some of the street improvements are currently funded. Others have no current funding. Some of the street improvements will occur as conditions of development. Hence, it is not known when all of these street improvements will actually be completed. Decision: The City Council is expected to make a decision on the request for a temporary street closure following the public hearing on February 13, 1989. The City Council specirically directed that an opportunity be provided for the Planning Commission, the Transportation Advisory Committee, and NPO #7 to provide comments prior to the February 13 hearing. There is no legal requirement for these advisory bodies to take any formal action on this matter; however, the city Council has indicated a desire to receive and review any comments which the advisory bodies may wish to offer. SUBMITTED: January 19, 1989 BY: i Randall R. Wooley, City Engineer RRW:br Page 3 ant At:U 1 PAN Ferry ROa~ 'tAR S_w. $CYIO~IS o00 C 9s ~ 3~ S W. y 47 sl, C7HOL WOOD CnCCi - c ~ p0 ti 0 y~0 v c N G. 3 In Q S.W. SQR~NG~ Proposed w, p4PwN G °OO 'r Z n f- w0 Temporary z RRF~ o I Street Closure o co °°k r `v v 3 o ui W SNOw CT e ~G S'Sc S.W_ ANTON ---DR.--_--~I-~ N S.W. MANZANITA 7 1 S. v >h r CT. - IMOTHl N N N~ i 3 > PL. Vi Q 1 1 L CIR Ina NCL N a r S.W. S.W. TONY C . EDG WA E MiiLVI SW CT. LAKE ARK CT S,W_ BURLHEIOH S OURLCRES DR / sr D FFffM SLIMMER ST. 1cn SUMMER CREST 13ii • ~C ~.W. MEFESTONE C S~ S cR w MARY crFSr a WOODWARD ` i• = 440• ELEMENTARY S.W 1 KATHERINE ST. NPO # 7 FEBRUARY 24, 1989 TEMPORARY CLOSURE OF SW NORTH DAKOTA NPO 7 recognizes the residents of SW North Dakota in the Anton Park Subdivision have a serious problem with speeding motorists and volume of traffic, relating to safety of pedestrians. However, we view street closure as too drastic a step until other alternatives have been tried. To this end, NPO 7 currently opposes street closure and recommends the City of Tigard take immediate action to implement "recognized means of slowing traffic". We also recommend review six months after they have been implemented. t i F' i a i , MEMORANDUM FROM: Keith Liden, Senior Planner ~?r TO: City Council RE: Temporary closure of SW North Dakota Street DATE: February 1,1989 On January 24, 1989, the Planning Commission reviewed the proposal to temporarily close SW North Dakota Street. Testimony was received from Randy Wooley, City Engineer, the Anton Park Neighborhood Association, and NPO #7. Following the public comment, the Commissioners had a difference of opinion regarding the appropriate solution to the problem. Three Commissioners favored the proposed temporary closure of the street, three opposed it, and one abstained. One of the primary concerns raised by the Commission was the precedent this action would set for dealing with similar traffic problems in other neighborhoods. The entire Commission does share the concern of the Anton Park neighborhood and it is recommended that the City Council evaluate any feasible options to permanent or temporary closure to alleiviate the present traffic problem on SW North Dakota Street. A copy of the draft minutes is attached. TIGARD PLANNING COMMISSION REGULAR MEETING = JANUARY 241, 1989 C 1. Vice President Pyre called the meeting to order at 8:45 PM. The meeting was held at the Tigard Civic Center - TOWN HALL - 13125 SW Hall Boulevard. 2. ROLL CALL: Present: Vice President Fyre; Commissioners Barber, Castile, Leverett, Newton, Peterson, and Saporta. Absent: Commissioners Moen and Rosborough. Staff: Senior Planner Keith Liden, City Engineer Randy Wooley, and Planning Secretary Diane Jelderks. 3. APPROVAL OF MINUTES i Commissioner Barber moved -and Commissioner Castile seconded to approve minutes as submitted. Motion carried by majority of Commissioners present. Commissioners Newton and Peterson abstained. 4. PLANNING COMMISSION COMMUNICATION Request by Anton Park Neighborhood Association to temporarily close SW North Dakota just north of SW Anton Drive. L AMP" Commissioner Newton agreed there was a problem, however, was concerned about other neighborhoods wanting the same consideration. Commissioner Castile agreed and added his concern that other measures had.' not been tried. Commission Barber agreed and was concerned that access would be closed off F.' for residents of Summer Lake who use this route to get to the southern E- portion of Tigard. i` Commissioner Peterson did not oppose the closure. He was not sure if the spot chosen was the best choice. He suggested closure just north of Springwood Drive. Commissioner Leverett favored the temporary closure.` Vice President Fyre had been on the commission when they reviewed the original subdivision proposal and had concerns at that time regarding through traffic. He felt that this portion of North Dakota was being used as a minor arterial and for that reason favored a temporary closure. 7 * Commissioner Leverett moved and Vice President Fyre seconded to recommend to City Council that a temporary closure be granted for a period of six months. Motion failed three to three with one abstention. Commissioners Barber, Saporta, and Castile voting no. Commissioner Newton abstained. PLANNING COMMISSION MINUTES - JANUARY 24, 1989 - PAGE 1 i LM J, * Commissioner Newton moved to forward a resolution to City Council stating that they recognize that there-is a problem. However, the Commission is divided on recommending temporary closure of SW North Dakota. Also, they would like the City Council to consider the value of the precedent that would be set with the temporary closure. Motion carried by majority of Commissioners present. Commissioner Leverett voted no. RECESS 9:00 PM RECONVENE 9:15 PM PUBLIC HEARINGS 5.1 GRABHORN/CENTRON SITE DEVELOPMENT REVIEW SDR 88-25, MINOR LAND PARTITION MLP 88-16, VARIANCE V 88-39 NPO # 7 An appeal of the Director's approval with conditions for a Minor Land Partition and Site Development Review to divide the 35.39 parent parcel into parcels of 17.83 and 17.56 acres and to construct a 266 unit apartment complex on the 17.83 acre site. Also, a request to allow single driveway accesses where two or three are required and to allow a 20 foot setback from the eastern property line where 30 feet is required. The complex would be located on both sides of Summer Creek. Zoning: R-25 (Multi-family residential, 25 i units/acre). Location: East of SW 135th, south of Scholls Ferry Road, spanning Summer Creek. (WCTM lSl 33DB, lot 300). i Senior Planner Liden reviewed the proposal and conditions that the applicant is appealing. He explained that in addition to an appeal the s applicant would be making a presentation for a variance of 20 feet where P the code requires 30 feet. He would assist the Commission in making r; findings for denial or approval of the variance request. City Engineer Randy Wooley reviewed the reasons for staff's requiring the 4 conditions that the applicant is appealing. j k APPLICANT'S PRESENTATION E i t t o Steve Malsam, Vice President, Centron, reviewed the proposal for the Minor Land Partition and the Site Development Review. He explained that they E had gone through a pre-application conference with Jerry offer, xeith Liden, and Gary Alfson and there had been no mention of a public street between SW 130th and SW 135th. They met with staff again after the decision was given and received no response. o Bob Rankin, Attorney for Centron explained their concern for conditions placed upon the undeveloped portion of the partitioned land. First, the F required dedication for the east west road; second, the Scholls Ferry right-of-way dedication; and third, the dedication of the floodplain. On the Scholls Ferry right-of-way, the State Highway Division is planned for widening and the right-of-way dedication can be obtained through a condemnation process, in which case the owner would received compensation. With regard to the public road, this is not a part of the Comprehensive PLANNING COMMISSION MINUTES - JANUARY 24, 1989 - PAGE 2 E o P i t TRANSPORTATION ADVISORY COMMITTEE MINUTES February 9, 1989 Meeting called to order at 7:06 p.m. Members present: John Etzel, Nancy Newcomb, Barbara Zanzig, Joe Schweitz, Ron Holland, Dan Rosborough Others present: Randy Wooley, City Engineer Minutes of last meeting were moved, seconded, and approved. Election of Officers: Chair: Joe Schweitz nominated and elected with a unanimous decision. Secretary: Barbara Zanzig nominated and elected with a unanimous decision. Consideration of North Dakota Street Closure: The Transportation Advisory Committee discussed the issue briefly. Motion was made to recommend that the road not be closed, even temporarily. Passed unanimously. Joe recommended that the Transportation Advisory Committee direct the police Department and City staff to design alternatives to closure. Suggested alternatives were stop signs at each intersection, barrels, or mid- street plantings, and members felt there are other feasible alternatives. Moved, seconded, and passed unanimously that recommendation be forwarded to City Council. scussion followed on 1989-1990 Capital Improvement Program (CIP). Randy will present budget information at March meeting. Randy presented citizen letters concerning a signal at Cascade and Greenburg Road, for consideration with other possible CIP projects. The Committee discussed the HE Bull Mountain materials briefly. Status report - Randy Wooley, City Engineer First road bond design contracts come before Council 2/13/89. Schedule for next meeting - Joe Schweitz will be gone. The Transportation Advisory Committee agreed to hold March meeting on March 16th at 7:00 p.m. Meeting adjourned at 8:32 p.m. /bkm 11075 S.W.- Hall Blvd. Tigard, OR 97223 January 30, 1989 Tigard City Council } Tigard, Oregon JAN 31 X988 Re: Proposed. Closure of S.W. North Dakota, Anton Division L Dear Council Members: Since I will not be able to attend the hearing on the above, I am writing to express my opposition to it. I attended the Planning Commission meeting on January 24th where the proposal was presented. NPO #i7 and the Transportation Committee spoke against the closure as well as other residents in the area that felt the closure would impact on their streets. The majority of the Planning Commission spoke in favor of investigating other alternatives. North Dakota in the Anton subdivision has sidewalks and is wider than most of the streets in Tigard. The diagram of the street that was presented did not show the true pattern of the street. It showed it as straight with one curve about half way between 121st and Scholls Perry. Actually, there are four curves on the street and it is straight only in front of the Meadow Creek Apartments. This tends to reduce driver speed. North Dakota between 115th and 121st is a heavier traveled street than in the Anton Subdivision. I usually meet two to four cars there, but only one east of 121st. The section between 115th and 121st appears to me to have more traffic problems. The residents there have complained of fast traffic for some time, and I suspect the residents in Anton use that portion of South Dakota to reach Washington Square and downtown Tigard. Another reason I oppose the closure is that it is an entrance to Summerlake Park which has very limited access for a public park - or is it to be for the use of the residents surrounding the park only. If this; is •che case, then it should be removed from the Tigard public park status. I, for one, do not care to vote for a park bond issue for a park that is not for nay use, and, apparently, the residents in that area do not want anyone else to use "their" street. Also, would a precedent be set that would be the chink in the dam that would start a flood? Many streets in Tigard have more traffic than was the original intent, and we have had to adjust to traffic patterns that were not always to our liking. I ask that the Council consider this carefully before granting this privilege to one select group of people. Sincerely, . 11y , l Zz a Marjory H glun MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council February 10, 1989 FROM: Cathy Wheatley, eputy SUBJECT: Written Testimony - Public Hearing - Temporary Street Closure - S.W. North Dakota Street Attached is a letter received from Bob Bledsoe concerning the above-referenced public hearing before Council on February 13, 1989. This should be included with packet material, Agenda Item No. 5. cw Attachment i RECEIVED FEB 9 1989 11000 5 w Wd44 r r Fee, /3 c 105 UI-e_ . b s w ~o ~f~, w ~.ro v _ - - .4 gmw All. jL/'Z'z~ --~-C~ G ~ /~.L (fit. yv ~i:~ 2q 76 7 ~ ad Al~ -17 02~s-8y 5 Fo r E,x b ~ See C)unci Fi in c~ ~-2 C"d C) F3 P C3 SEI >L $ C:I e-S •1r cx -L- 1--e q=-- P' r-• d= C3 C-- [ v :7L, c:~ iEE5. t-t r- f-~- C=31 E3 - W - P4 i:3 r- -I-- 1--e LP -=k 1-_- czo 'k_ ~Et We, the undersigned, oppose any type of street closure on S.W. North Dakota Street between S.W. 121st Street and S.W. Scholls Ferry Road; for, at a minimum, the following reasons: 1. Southwest North Dakota was constructed as a "minor collector" and functions as such. Whereas, the surrounding residential streets are designed as "residential" streets, and many of them without sidewalks, additional traffic on these streets would adversely impact these areas. 2. The proposed "temporary closure" is not temporary by evaluation, since the City of Tigard would be at the mercy of the City of Beaverton to realign S.W. Sorrento Street to meet S.W. 121st Street. There have been no definite time tables set for such improvements by the City of Beaverton. A minimum of four years for a temporary closure, as mentioned by the City of Tigard, is unreasonable. 3. The proposed closure would direct more traffic on to S.W. 121st Street which is currently not constructed to standards and is not proposed to be as such in its entirety, in the near future. Thus adding to an already crowded street. 4. The proposed closure would undermine the overall transportation Aft, network in northwest Tigard. Therefore, we maintain that S.W. North Dakota should remain a "minor collector" street, as designated and function as such, with the placement of traffic control signs and increased traffic enforcement as a - alternative to the closure. Name 1 ---------Address--------- ignatur jwgC 9 L SOL LL Z2IJ SLL1 SUM )&Z ui Z / - - ~G 1 1c_ Cott 1'S v_I Ip1-: ; GE(sIIS_ -TOZ21L-------; _121~_S(_•J SL4Mr nEYZ ~vtiD C~ • ~svuj-x, /-,?/&'o S , C,6), Sum)"2er ]Do rOla- _=1 rr, i I - -1= 2 - 1ZZ~0 Sw r^cl-c, ST_- Ep(L~i~A CL+ArJ /3 rum °I 7 Z 2- ' Petition against the closure of S.W. North Dakota Page 2 ----------Name----------;---------Address--------------- --Signature and Date- IdD (f--f 4 E __p_ ff V--Q 1 5 15 -Aij Vz lbs Ylk,_Dau L L-1, (/w W ~r -_.&I ° d`t9~ Su' Sam rV1E ~~J T-.D 15 1ar~r Wg M5-----; 1. s so ,W__ e►~c~ Q C - n _ ~s l i j -C f ug t~ ~ 2~ 1 1',,„~~ c,~ I 1 I l S 7c~..L~ ~LCOCIO , - iz37z r-- - , - , Petition against the closure of S.W. !North Dakota Page --------Nam -----;---------Address--------------- S'grat and Date- - ~q - - - CJ - - , f 5_7 -17 9 - - - - - - i - - l a y ; - - - - ; Jtl - i C -L2 11AFR - f i Petition against the closure of S.W. North Dakota Page 4 ----------Name----------;---------Address--------------- --Signature and Date- 14 /4"j 19 - 9 ~L'70 - - - E. --t----------------? ' fa36S ~vhGllPx~~,r 6~_ ~/i 9/8 k l~U,dt z( VO s w s ~ M k-CM;_r /gyp i 1 ~,-L-/\°~zC- S-- a--~tx~; f1l` ~-`~-W _c~~ ►='tits-u~- - 0 3 G - IJ K , E; ----------------;-------------------6-Ox"- , G ~v v --_-;---G ` _GG---------------------- . ~ L?~cz~ -sue S~l~•~,~zl ~~__'__~a - t~~,~-~c.~ ' i~ I Petition against the closure of S.W. North Dakota Page 5 ~.1 I ----------Name----------;---------Address----------------;--Signature and Date- 1 , --_LC-)A_- .-h ---~inD~ I&L s------ - - - cIJ Z IE}F1 t~d ~ ~ r~ ~ ~ ~ L"' ^ SAO 1 l•! ✓v c~ i J G~' ~ k. r__t~n -h y //SGS' S' CCU ~~ri~ -AWK ' Ir ! 1• ' / _.LY-`~~-irk'-~-/-~I-,KL-_1 "A_" /~Sj G~V✓ ~/y LL~L L~«~/~~,/• / ~ C~C"'_. ~ ~C/~ \ ~ f/ ` L en~_4~ 1 1 1 / • 1 1 , .i' lYl ~ / C-~ / (J `T L'~ C ~ ,//!//ry(:9/ - •J V/'/C/.i/IL.J .~7/j 1 (~~~C~~/ ~ \ 'V 1 J 1 Le- pfi 0/I .as S 571 nQr►e.~;..bbr`ns ~zc~ss~ ~~.~~i, ~GUOnI 613 d ~ ~ k0. s - QAx~ ~60Z~ Sc,~ Svr~.rn~e./Lk~~ s 4 S' 3 f: i i i~ dfilr~ i, r= ii j., k: c: i Tr 1 3 4 • CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 13, 1989 DATE SUBMITTED: _ February -2, 1989 ISSUE/AGENDA TITLE: Helm PREVIOUS ACTION: ZCA 88-18 PREPARED BY: Keith Liden DEPT HEAD O CITY ADMIN OK,!/,/ REQUESTED BY: ~POL CY ISSUE This proposal is consistent with the City's policy to favorably consider annexation of contiguous property within the Active Planning Area. However, this does raise issues relating to deficient storm and sanitary sewer facilities that affect a neighboring jurisdiction (King City). Also, issues related to a local street system and neighborhood traffic circulation will need to be addressed prior to or in conjunction with development on the southeast side of Bull Mountain. INFORMATION SUMMARY - The Helm's have requested to be annexed to the City. The property is on the north side of Beef Bend Road directly across from King City. The staff is recommending approval of this request with the understanding that storm drainage, sanitary sewer, and transportation issues will need to be evaluated in greater detail prior to any development of the property. Attached is a vicinity map, staff report, draft resolution, and zone change ordinance. ALTERNATIVES CONSIDERED 1. Approve the proposal as recommended by staff. 2. Deny the request and direct staff to prepare an amended resolution. FISCAL IMPACT - No significant fiscal impacts are expected based upon the comments received with the exception of the staff time that will be necessary to help resolve the existing storm and sanitary sewer issues raised by the Engineering Division in the attached staff report. SUGGESTED ACTION Approve as recommended and adopt the attached resolution. dj /8962D V l L I N f 1 Y M N t' ::F I NCAIITERBURI / IN THE SE 114 NW 114 SECTION 10T 2S, R1W, W. M. S.W. VISTA pUU CT VIEW S Yy MCFARLANO CT. - a PLACE 4VE S.W. WILOWOOO 0 ST. 3 l!1 S„w_ BULL MOUNTAIN ROA 9 :aa Proposed Area To Be Annexed -1 ~z Q• Off' " 3 s ui P 9<(% V N e~~~ ~ FLFN ~ F a O~ u s Q OG~~ QpR ~y M -N- N C r A Q`- 1" - 400' VICINITY MAP 2S 1 IOBD o; N n •o b O O C n e 3-78 N WO O i W h e b = N q N C O { o f z 7 t t n e ~ q 4 w S99e49W 60.9 4 45507 1700 S 89°ZTW 4.6/AC.~ h i i i AREA TO BE ANNEXED 0 1800 Sao .32AC. p 56Ae t4 1900 CENTER P A 6A _45AC SECTION 2 a WEST 222.42 55.36 ~ 2000 O` sAs s MAP C,~. 2S 1 10CA III= 100' C STAFF REPORT FEBRUARY 13, 1989 - 7:30 PM TIGARD CITY COUNCIL TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON A. FACTS 1. General Information CASE: Zone Change Annexation ZCA 88-18 REQUEST: To annex approximately 5.10 acres into the City of Tigard and to change the zone from Washington County R-6 to City of Tigard R-4.5 (Residential, 4.5 units per acre). COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: Current Zone Proposed Zone Wash. Co. R-6 City of Tigard R-4.5 APPLICANT: Larry & Tamara Helm OWNER: Same 11575 SW Beef Bend Road Tigard, Oregon 97223 LOCATION: 11575 SW Beef Bend Road (WCTM 2S1 1OBD, Tax Lots 1700, 1900 and a portion of 1800). 2. Background Information On January 9, 1989, Washington County received an application for approval of a lot line adjustment for tax lots 1800 and 1900 owned by Larry & Tamara Helm (Case File No. 89-LLA). This proposal increases the area of tax lot 1900 by 1,200 square feet from tax lot 1800. (Tax lot 1800 will remain in the county and the expanded tax lot 1900 will be within the City provided the annexation request is approved.) This application is expected to be completed presently and approval of the application should correspond with the City's annexation procedures. 3. Vicinity Information The subject properties abut an apartment development to the east which is within the City limits. The south end of the subject properties are adjacent to King City's city limits. The remaining properties that surround this site are within Washington County and are designated for residential use with a density of six units per acre. Most of the surrounding properties, with the exception of the STAFF REPORT - ZCA 88-18 PAGE 1 apartment complex to the east and King City to the south, are undeveloped or underdeveloped considering the residential densities permitted. Both tax lot 1700 and tax lot 1900, which is part of this annexation request, have frontage on SW Beef Bend Road which is functionally classified as a major collector street and is under Washington County jurisdiction. 4. Site Information and Proposal Description The property to be annexed is developed with two single family dwellings, one each on T.L. 1700 and T.L. 1900, and slopes downhill toward the south. The northern portion of the property is heavily wooded. The applicant request annexation to the City and presumably a development proposal will follow. The immediate area is within the City's Active Planning Area per the Urban Planning Area Agreement with Washington County. This property has been designated as low density residential within Tigard's Comprehensive Plan. A zoning designation of R-4.5 (Residential, 4.5 units per acre) is proposed. 5. Agency and NPO Comments Washington County Department of Land Use and Transportation reviewed this proposal and offered no objections or comments. The City of Tigard's Engineering Division reviewed the proposal and offered the following comments concerning sewers, transportation and boundary lines within the subject area: The proposed annexation is on the south slope of Bull Mountain. There have been no other annexation proposals recently on the south slope. In considering whether to support annexation of south slope properties, the City Council should be aware of some special problems which exist for potential development of the south slope. With regard to the area's sanitary system, the south slope area drains towards Beef Bend Road and King City. There is no sanitary sewer Or storm drainage system in Beef Bend Road adequate to support development of the south slope. For development to occur, it will be necessary to either extend the storm and sanitary sewer systems of King City or to develop new systems. Currently, the King City storm drainage system is inadequate. King City has expressed concerns that development of the south slope would further overload the existing storm drain system and increase localized flooding within King City. King City has suggested that the south slope of Bull Mountain needs to participate in upgrading the storm drainage system through King City, possibly through a large local improvement district to STAFF REPORT - ZCA 88-18 PAGE 2 t include King City and the drainage area above King City. If south slope properties are annexed into the City of Tigard, the City of Tigard will need to assume additional responsibilities in resolving the drainage problems of the area. Because the drainage in this area does not include any major streams, it 13 unlikely that the proposed regional storm water authority would have any immediate involvement in resolving storm drainage problems for King City and the south slope area. The property proposed for annexation is not currently served by sanitary sewer. In order for the property to be served, it would be necessary to extend existing sewer lines from King City. Before these lines can be extended, it will be necessary to evaluate existing capacity and the capacity to serve the south slope area. Transportation service to the property is currently provided by Beef Bend Road, a Washington County major collector roadway. The Transportation Plan recently adopted by Washington County identifies Beef Bend Road as part of the county-wide road system. The County has proposed that the county-wide road system would remain in County jurisdiction even after the roadways are annexed into cities. Currently there are no roadway connections between Beef Bend Road and Bull Mountain Road in the area between Hwy. 99W and 150th Avenue. As the area develops, it will be necessary to provide additional direct and indirect roadway connections. Local traffic circulation will need to be evaluated in conjunction with any applications for development including the subject property. Irregular City boundaries cause confusion, especially for police enforcement. Therefore, the boundary description for the proposed annexation should be written to include all of the adjoining right-of-way of Beef Bend Road and should be written to form a contiguous boundary between Tigard and Icing City. In conclusion, Engineering is not opposed to the proposed annexation. However, in considering the annexation, the City Council should be aware that annexation of south slope properties will likely result in some increase in staff workload, especially in the resolution of storm drainage problems. The Tigard Police Department reviewed the proposal and offered no objections. No other comments were received regarding this proposal. STAFF REPORT - ZCA 88-18 PAGE 3 B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 6.4.1, 7.1.2, 10.1.1, 10.1.2 and 10.3.2; and Chapter 18.136 and 18.138 of the Tigard Community Development Code based upon the finding noted below. 1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and Community Planning Organization, as well as surrounding property owners, were given notice of the hearing and an opportunity to comment on the proposal. 2. Plan Policy 6.4.1 is satisfied because the annexed area will be designated as "developing area" on the development standards area map. This designation is intended to apply to undeveloped or underdeveloped land within the City that is zoned for residential use. 3. Plan Policy 7.1.2 and 10.1.1 are satisfied because the City has conducted the Bull Mountain/Walnut Area Urban Services Study which includes the subject property. This study as well as the comments from the Engineering Division and Police Department indicate that adequate urban services are available or that storm and sanitary sewer system capacity concerns need to be addressed prior to development. 4. Plan Policy 10.1.2 is satisfied because the Police Department has been notified and the land is located within Tigard area of interest. 5. Plan Policy 10.3.2 is satisfied because the legal description of the properties' boundaries comply with the intent of Tigard's Engineering Division. Because of the potential confusion that can result from having split city jurisdiction on Beef Bend Road, staff recommends that the City pursue later amendments to the Ring City and Tigard boundaries so that all of Beef Bend Road falls within one city jurisdiction. The Planning staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below. 1. Chapter 18.136.030 is met because the applicant has complied with all of the approval standards for annexation of property. 2. Chapter 18.138 is satisfied because the property meets the definition for a developing area and shall be designated as a "developing area" on the development standards area map. STAFF REPORT - ZCA 88-18 PAGE 4 Afir- i C. RECOMMENDATION Based upon the findings and conclusions noted above, the Planning staff recommends approval of ZCA 88-18 subject to the following condition: 1. The property shall be designated as a "developing area" on the development standards map. PREPARED BY: MICHAEL MATTEUCCI, PLANNING AIDE DATE APPROVED BY: KEITH LIDEN, SENIOR PLANNER DATE x !7 i i' i 1 4 i i t STAFF REPORT - ZCA 88-18 PAGE 5 4 ; i'• ~qt g CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY SUBMITTED: February 6,1989 AGENDA OF: February 13 1989 DF ISSUE/AGENDA TITLE: Public Hearings: PIOUS ACTION: Council initated on 1-9-89• Res.89-02&89-03 Vacation of public access easements- IX v tion SW 81st ave. and SW Dorburn Place !f,%? PARED BY: Development Services DEPT. HEAD OR CITY ADMIN OX i REQUESTED BY;Titan Prop. and Waverly Const. POLICY ISSUE Should the City vacate public easements if said vacations provide for development? INFORMATION SUMMARY Waverly Construction is requesting the City to vacate a public access easement known as SW 81st Ave. and Titan Properties is making an identical request for an access easement known as SW Dorburn Place which is a just few hundred feet away. Both vcations will allow Titan and Waverly to develop adjoining properties as originally approved( see attached memo). ALTERNATIVES CONSIDERED The developers and City staff explored other subdivision designs that would have retained the easements but none were acceptable. FISCAL IMPACT There are no direct finanical impacts, however, vacating both easements would allow the properties to develop which in turn would add significantly to the city's assessed value. SUGGESTED ACTION Staff recommends that Council approve both vacations and pass both ordinances as presented. /br MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator DATE: February 4, 1989 FROM: Ed Murphy, Community Development Directo SUBJECT: Staff report for proposed 81st Avenue and Dorburn Place public access easement vacations 1. OVERVIEW A. Summarv. On January 9, 1989 the City Council initiated vacation proceedings for the above stated public access easements at the request of Waverly Construction and Titan Properties. Both development corporations have recently received conditional approval to develop subdivisions on property in which the easements are located. B. Policy Implications. Should the City vacate public ways to provide for development if the publics interest iq not prejudiced? Traditionally, Council has supported vacations which provide for development if the publics interest is adequately addressed in terms of compliance with land use requirements and access to public facilities. Both the Tigard Municipal Code (TMC) and Oregon Revised Statutes (ORS) lay out the procedure and criteria by which vacations can be accomplished. t, C. Financial Implications. There are no direct financial impacts, however, vacating both easements would allow the properties to be developed which in turn would add significantly to the City's assessed value. D. Recommendation. Staff recommends that Council approve the proposed vacations by passing the attached Ordinances. Approval of the vacations would not prejudice the publics interest and provide for development to occur in a manner that would benefit the area. II. ANALYSIS A. Background. Last fall Waverly Construction and Titan Properties received preliminary approval to plat over 150 subdivision lots on properties that adjoin these portions of S.W. 81st Avenue and Dorburn Place. The majority of these public access easements are unimproved and serve little purpose, especially S.W. 81st Avenue. What little access function they do serve will be replaced by new public streets within the proposed developments. At the time of Waverly's and Titan's approval, there were questions whether these easements were public or private. After some assistance from Washington County, where the easements were originally created, it was determined they were private. Therefore eliminating them would be a matter for adjoining property owners to resolve. However, after further investigation by the developers title insurance company and the City Attorney, it was determined that the public may indeed have interest in the easements. To remove any doubt, Waverly and Titan requested we vacate them. Their request was also supported by all adjoining property owners. As required by the TMC, staff has solicited input from all affected service agencies, obtained a recommendation from the Planning Commission, and evaluated the impact on the City's capital improvement, transportation, and comprehensive plans. Responses from the affected service agencies were positive and none had objections to the proposals. General Telephone Company desired special wording in the Ordinance that would assure them that their facilities would be relocated when the property is developed. This wording is contained in the Ordinance. The Planning Commission considered the proposal at their January 24, 1989 meeting and recommended approval. Also, by removing these easements, there is no negative impact to the City's comprehensive, transportation, or capital improvements programs. B. Alternatives Considered. Staff and the developer considered C alternative subdivision layouts that would have located public streets over the easements but none would have relieved the need to vacate all or a portion of them. III. CONCLUSION Vacation of both the Doburn Place and 81st Avenue public access easements would benefit the immediate area by allowing both subdivisions to go ahead as approved. The publics interest is not prejudiced and access and public facilities will be maintained and likely upgraded as a result of these vacations. /bkm 4 01 ViCiNITY MAPi S8Ac IN THE SW 114 SECTION 12 12% R1 W, W.M. 1100 /300 V 2.74 Ac /8.98 Ac LANE ' z v ` w 1200 w ~ .93 Ac Q N N w 3 Proposed Easement Vacations S.W. ASHFORD STREET I IgOO .39Ac ' (SW DORBURN PLACE) i% k 0~c 500 q00 Soo 200 4 !'z3 .1c 194 Ac 3.LzAc 3.97Ac- K t UJ 7oor f ZZ7 13SAc I s ~ U f ao goo 1000 .B4 Ac. f 1.13 Ac f -W CHURCHILL WAY 1100 f Q 2-39 Ac f 3 co BOND sw. STRCtT /zoo 1400 /Soo 1700 81,A~ 1.34Ac I. o2 Ac /.34Ac O ' v 1300 3 -II- .73 Ac /600 h 3 .32Ac Vi S.W. PURNAM ROAD V = 200' - CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 13, 1989 DATE SUBMITTED: February 7, 1989 ISSUE/AGENDA TITLE: Formation of,Clt" PREVIOUS ACTION: None Center Develo ment Agency A / PREPARED BY: Elizabeth Newton DEPT HEAD 0 ITY ADMIN OK % / REQUESTED BY: Comm. Development Staff PO CY ISSUE The issue in front of the City Co ncil is whether a City Center Development Agency should be formed with the owers authorized under ORS 457. Also at issue is the structure of the agency and the establishment of an Advisory Commission. INFORMATION SUMMARY Attached is an ordinance which if approved would form the City Center Development Agency with the powers provided for in ORS Chapter 457. The ordinance further designates the Council as the agency and establishes an Advisory Commission. A memo outlining the options for each action and the background is also attached. - ALTERNATIVES CONSIDERED Outlined in the attached memo. FISCAL IMPACT - - There are no immediate or direct costs or revenues associated with forming the agency. SUGGESTED ACTION Adopt the attached ordinance. br/9008D Attachments 2 3 To: Pat Reilly, City Administrator From: Rd Murphy, Director of Community Development Re: Formation of the City Center Development Agency Date: February 10, 1989 1. OVERVIEW: A. Summary. The attached ordinance declares that the city center area is in need of "renewal" and that there is a need for an urban renewal agency to function within the city. It establishes such an agency, and further, appoints the city council as the board of directors of that agency. The ordinance also provides for the establishment of an advisory commission to make recommendations to the agency on the implementation of the Plan. B. Policy Implications. The establishment of a new agency will assist in carrying out the city center development plans, with the agency having all of the authority granted by law under ORS Chapter 457. Besides the policy issue of whether or not such an agency should be formed, there is the secondary issue of how the agency should be structured. C. Financial Implications. There are no immediate or direct costs or revenues associated with forming the agency. Over time, the agency may choose to utilize "tax increment financing which could generate additional revenues which would be available to fund projects within the city center area. Also, over time, the agency will use staff and consultant resources, the costs of which may be charged to the development program budget. D. Recommendation. It is recommended that the council adopt the attached ordinance forming a renewal agency that will be known as the "City Center Development Agency"; and that all powers provided to the agency by law be excercised by the City council acting as the development agency. This recommendation is shared by the majority of the City Center Plan Task Force, as well as by Bob Moore, the city's financial consultant who is assisting in the preparation of the renewal plan. III. CONCLUSIONS The community as a whole would benefit from a focused development effort in the City Center area. A tool is available under ORS 457 that has worked successfully in many cities in Oregon and across the country. The City Center study area meets the criteria for using that tool. In order to use the tools, an Agency must be formed and a Plan adopted. Therefore, the following actions seem appropriate: (1) The agency should be formed. (2) The Council should serve as the Agency in order to retain control. (3) An advisory Commission should be established to reduce the Council's time committment, and ensure property owner, business owner and interested citizens an opportunity to be involved in the implementation of the Plan. CL 11. ANALYSIS: A. Baclraround. The City Center Plan Task Force was formed in April of 1987. The "task" presented to the Task Force, as outlined in Resolution No. 86- 134 was to prepare a City Center Plan. The need for a Plan was originally identified by the city's Economic Development Committee because the city center"s economic vitality and development activity lags behind other areas in Tigard. Elements viewed as important to the Plan incuded analysis of: 1) the economic potential of the area, 2) the transportation system, 3) the land use patterns, 4) public facilities and, 5) the development of Fanno Creek Park. After developing the vision statement and setting the study area boundaries, the Task Force worked with various consultants and other committees to develop the components of the City Center Development Plan. Hobson and Associates prepared the market study; Kittleson and Associates produced the transportation element; Murase and associates designed the Fanno Creek Master Plan; the Design Concept Plan was created by Gut':--;?rie and Stastney; and the City Center Development Plan was completed by Bob Moore of Moore Breithhaupt Associates. Other committee reviewing those parts of the study relevant to them were the Transportation Advisory Committee and the Parks and Recreation Board. The initial market study indicated several possible reasons for the lack of development activity in the study area. Lack of access and circulation; mixed land uses; underutilized land; small individually owned parcels; and lack of positive image and identity; were listed as the primary obstacles to attracting private investment. The financial analysis conducted to determine the applicabilty of using the powers outlined in ORS 457 to implement the plan identified the same factors as "blighting conditions" as defined in Chapter 457. Urban renewal is a tool aimed directly at eliminating blighting conditions. The provisions for using the program are clearly spelled out in ORS Chapter 457 which was originally approved by the Oregon legislature in 1951. The authority to have city councils function as urban renewal agencies was granted in 1957. The use of tax increment financing was authorized in 1960. In 1979 the urban renewal statutes in Oregon were substantially rewritten to provide statutory direction in the formation and operation of urban renewal agencies.Cities in Oregon that have established urban renewal agencies include Portland, Eugene, Salem, Springfield, Beaverton, Newport, Coos Bay, Toledo, Cascade Locks, Albany, Tualatin, Cottage Grove, and Grants Pass. In order for the City to take advantage of the tools provided for in ORS 457, an urban renewal agency is needed. Some of the special development tools available to the urban renewal agency are: (1) Implementing development assistance programs, such as low interest interest loans. (2) Using Tax Increment Financing revenues for public improvement projects. (3) Carrying out a program for voluntary repair and rehabilitation of buildings and improvements. (4) Enforcing laws and codes related to the use of land, and repair, rehabilitation, demolition or removal of buildings and improvements (5) Providing for the relocation of persons and businesses as neccessary to implement the plan. (6) Acquisition of property as neccessary to implement the Plan. In Oregon, the most common organizational structure is for the members of the City Council to serve as the agency members. The city of Portland uses the Portland Development Commission which is comprised solely of non-elected individuals appointed by the city Council. The city of Medford is considering a mix of council members and non-elected indivuals to serve on the agency. B. Alternatives Considered. Some of the options considered by staff are as follows: A. AGENCr FORMATION 1. Form the agency now. The benefit to this alternative is to allow the City Center Development Plan, which must be adopted by the agency, to be adopted in the near future, in time for a May election. The drawback to this alternative is that the public may perceive a need to review the Plan itself prior to consideration by the Council of forming an Agency. 2. Form the agency at a later date. The benefit to this alternative is to allow more public comment on the formation of the agency. The drawback is that since the agency must adopt the City Center Development Plan in order to take advantage of the provisions outlined in ORS 457, approval of the Plan would be delayed. 3. Not form the agency at all. The drawback to this alternative is the inability of the City to take advantage of any of the provisions outlined in the statutes for urban renewal agencies. B. AGENCY STRUCTURE 1. Have the City Council serve as the agency. The benefits of this alternative are control and accountability. Under this alternative the Council retains control of the agency's programs, activities and budget. In addition, as elected officials, the council is directly accountable to the voters for decisions made as the agency. The drawback of this alternative is time committment for the Council, and the lack of direct involvement of property owners, business owners, and other interested citizens. 2. Have the Council and Non-Council members serve as the agency. The benefit of this alternative is thhat it combines the accountability of Council members with the involvement of business and property owners. The variations of this alternative are to have Council represented by two or three members and comprise a minority of the agency or to have the full Council serve with two or three others with the Council in the majority. The drawbacks to this alternative are the same as above, and in addition, if the Council were in a minority position, they wouldn't have as much control. 3. iYavG ; a separate body serve as the agency. The benefit of this alternative is to allow citizens and property and business owners to direct the activities and programs of the agency. The drawback to this alternative is that as a non-elected agency, the members would not be directly accountable to the voters. C. ADVISORY COMMISSION 1. Establish the Commission in same the ordinance that forms the agency. This alternative would clearly establish a direct relationship between the agency and the commission. This alternative would require council to establish the advisory commission and maintain it as an advisory body to the agency unless the ordinance were amended. 2. Address the advisory commission issue at a later date. This alternative provides council with more flexibility in terms of whether or not to have such a commission and if so, how it should be structured. The council could consider the role of the commission and what type and structure of citizen involvement would be most beneficial. III. CONCLUSIONS The Community as a whole would benefit from a focused development effort in the City Center area. A tool is available under ORS 457 that has worked successfully in many cities in Oregon and across the country. The City Center study area meets the criteria for using that tool. In order to use the tools, an Agency must be formed and a Plan adopted. Therefore, the following actions seem appropriate: j (1) The agency should be formed. (2) The Council should serve as the Agency in order to retain control. (3) An advisory Commission should be established to reduce the Council's time committment, and ensure property owner, business owner and interested citizens an opportunity to be involved in the implementation of the Plan. MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council February 7, 1989 FROM: Cathy Wheatley, Deputy Recorder SUBJECT: Agenda Item No. 9 - City Center Development Agency The proposed ordinance and staff report for the above-referenced agenda item shall be mailed to Council later this week. cw Ar" /,00 2nd AnL A -:en: 1103 Creek Con.'11t; 7c- e) MOO A Grass Roots Forum for All Tigard Citizens. Saturday, Feb. 25th, 1959 Tigard"s Fowler Junior High School Cafetorium Registration- 8:30 A.M. Conference Opening- 9:00 A.M. Conference Close- 3:45 P.M. Luncheon Keynote Speaker Jeanette Hamby State Senator - 5th District (Washington County) A Community Forum - featuring community wide issues such as: • 2nd high school • Light rail to Tigard • Tigard's community image • Clean up of the Tualatin River Current community issues will be presented by volunteer speakers in a debate style with ample opportunity for conference participants to have round table discussion and to make individual comments. A straw vote will conclude each issue. Registration Cost: $5.00 - Please mail registration by Friday, February 17th. (Includes morning coffee and rolls, lunch, afternoon beverages and conference materials.) join in! A community forum of grass roots involvement to discuss relevant community issues of the day. See You There ! For more information please call Donna Corbet at 639-4171. Conference Steering Conmdttee: Nancie Stimler, Moderator Vlasta Barber Valerie Johnson Terry Morrison, Clerk of Conference Jim Castile Harry Peterson Al Hieb, Issues tom' Speakers Chairperson Jerry Edwards Ron Repp Audrey Castile, Tables Chair Ron Holland Joe Schweitz Jill Monley, Logistics Chair C EZZL6 HO `Prakl, L6ESZ Xag 'O'd WuaUa3uoO xaazO ouuPA - U=QjUOo Nam O - Registraflon Form Please fill out registration form and mail along with your $5.00 fee to: Fanno Creek Conference P.O. Box 23397 Tigard, OR 97223 No. of Persons Name C Address zip Phone (Use additional paper for extsa names if necessary) Amount Enclosed C.eun MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and Council FROM: Ed Murphy, Community Development Director DATE: February 13, 1989 SUBJECT: City Center Development Plan In order to provide the Council adequate time to review the City Center Development Plan a DRAFT copy is being distributed tonight. The sections that are incomplete will be distributed as part of an updated version on February 20, 1989. t ~ • .1 DISCUSSION DRAFT OF TIGARD CITY CENTER DEVELOPMENT PLAN PREPARED BY: Moore Breithaupt & Associates, Inc. January 23, 1989 Amended January 30, 1989 • of t Vers. 1/30/89 v??• v TABLE OF CONTENTS SECTION TITLE PAGE 100 INTRODUCTION 1 200 DEFINITIONS 4 300 LEGAL BOUNDARY DESCRIPTION 8 400 MISSION STATEMENT, GOALS AND OBJECTIVES OF THE DEVELOPMENT AGENCY FOR THE CITY CENTER DEVELOPMENT PLAN 9 500 LAND USE PLAN 10 600 DEVELOPMENT PLAN ACTIVITIES 11 700 FINANCING OF DEVELOPMENT PLAN INDEBTEDNESS 24 800 ANNUAL FINANCIAL STATEMENT REQUIRED 26 900 CITIZEN PARTICIPATION 27 1000 NON-DISCRIMINATION 28 1100 RECORDING OF PLAN 28 1200 PROCEDURES FOR CHANGES OR AMENDMENTS IN THE APPROVED CITY CENTER DEVELOPMENT PLAN 28 1300 DURATION AND VALIDITY OF APPROVED DEVELOPMENT PLAN 31 I 't Vers. 1/30/89 ..f CITY OF TIGARD CITY CENTER DEVELOPMENT PLAN SECTION 100. INTRODUCTION Tigard, like many other small cities near major central cities, experienced rapid growth and development during the 1950-1980 period. Small village-type retail centers, like those along Main Street, became just one of several commercial developments as new automobile-oriented shopping complexes and "strip commercial" development occurred along and near major arterial streets and highways. In this process the former focal point or "downtown" represented by the Main Street area has been diluted. Much of the newer development in the Main Street area has not been consistent with retaining or enhancing a "downtown" focus or identity. The existing street system in and around the area has not been upgraded nor maintained in a condition to encourage new downtown-type businesses or expose the area to potential customers. The cumulative result of all these changes is an area that has been designated in city plans and zone maps as Central Business District but which has little of the character of such and too few of the physical facilities to encourage its becoming a Central Business area. City Council, in recognition of this inconsistency, appointed a City Center Plan Task Force in 1987 to examine the situation and to recommend to the City Council steps to improve the area and enable Tigard to again have an identifiable City Center. The Task Force has been aided by considerable staff work plus consultant studies of 1 ' Vers. 1/30/89 i:1.S>.S~+SSi. iRti2 ti iSE transportation, parks, urban design, market analysis and financing. This City Center Development Plan is the summation of the Task Force's work over the past 18 months, and incorporates most of the Task Force recommendations to the City Council. The Task Force envisions a future City Center of vitality and identity with a park-like atmosphere. The Plan has been prepared under the direction of the Task Force in conformity with certain provisions of state law contained in Article IX of the Oregon State Constitution and Chapter 457 of the Oregon Revised Statutes which enable this Development Plan to utilize helpful tools provided for in state law in pursuit of Plan objectives. SECTION 110. CITY, AGENCY AND ADVISORY COMMISSION The Governing Body (Council) of the City of Tigard on February 13, 1989, by Ordinance No. , declared that blighted areas exist within the City and that there is a need for an urban renewal agency to function within the City. The City Council, by approval of Ordinance No. , declared that all powers as provided by law in an urban renewal agency be exercised by the Council of the City of Tigard, acting as the urban renewal agency and that it be officially known as the Tigar-d-Development Agency. - The relationship between the City of Tigard, an Oregon Municipal Corporation, and the .Tigard` Development Agency shall be as contemplated by Chapter 457 of the Oregon Revised Statutes. Nothing contained in this Plan, nor the City's supplying of services or personnel, nor the budgeting requirements of this Plan shall in any way be construed as departing from or disturbing the relationship contemplated by ORS Chapter 457. 2 Vers. 1/30/89 N Further, the Council, by Resolution No. , declared its intent to create a City Center Development Advisory Commission and on February 13, 1989 did create such Commission. The purpose of the Commission Is to assist in implementation of this City r Center Development Plan, to make recommendations to the Tigard Development Agency, and to help Inform Tigard's citizens, particularly persons doing business, owning property or residing In the City Center Development Area, of Plan's content and activities. 3 s =y 4r f-`<:ffy? Vers. 1/30/89 SECTION 200. DEFINITIONS As used in this Plan, unless the courts require otherwise, the following definitions shall apply. 201. "ADVISORY COMMISSION" means the City Center Development Advisory Commission-a citizens committee consisting of from seven to 12 members appointed by the Tigard City Council. 202. "AGENCY" or "DEVELOPMENT AGENCY" means the Tigard Development Agency which, in accordance with provisions of Chapter 457 of the Oregon Revised Statutes, is the designated Renewal Agency of the City of Tigard. 203. "AREA" or "DEVELOPMENT AREA" means the geographic area of the City which encompasses the City Center Development Area conceived pursuant to provisions of ORS Chapter 457 and as described in Section 300, herein. 204. "BOARD OF COUNTY COMMISSIONERS" means the governing body of Washington County, Oregon. 205. "BLIGHTED AREAS" means areas which by reason of deterioration, faulty planning, inadequate or improper facilities, deleterious land use or the existence of unsafe structures or any combination of these factors, are detrimental to the safety, health or welfare or the community. A blighted area Is characterized by the existence of one or more of the following conditions: A. The existence of buildings and structures, used or intended to be used for living, commercial, industrial or other purposes, or any combination of those uses, which are unfit or unsafe to occupy for those purposes because of any one or a combination of the following conditions: 4 Vers. 1/30/89 C 1. Defective design and quality of physical construction; 2. Faulty interior arrangement and exterior spacing; 3. Overcrowding and a high density of population; 4. Inadequate provision for ventilation, light, sanitation, open spaces and recreation facilities; or 5. Obsolescence, deterioration, dilapidation, mixed character or shifting of uses; B. An economic dislocation, deterioration or disuse of property resulting from faulty planning; C. The division or subdivision and sale of property or lots of Irregular form and shape and inadequate size or dimensions for property usefulness and development; D. The layout of property or lots in disregard of contours, drainage and other physical characteristics of the terrain and surrounding conditions; E. The existence of inadequate streets and other rights-of-way, open spaces and utilities; F. The existence of property or lots or other areas which are subject to Inundation by water; G. A prevalence of depreciated values, impaired investments and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts are inadequate for the cost of public services rendered; H. A growing or to cl lack of N9oper utilization of areas, resulting in a stagnant and unproductive condition of land potentially useful and valuable for contributing to the public health, safety and welfare; or 5 Vers. 1/30/89 1. A loss of population and reduction of proper utilization of the area, resulting In its further deterioration and added costs to the taxpayer for the creation of new public facilities and services elsewhere. 206. "CITY" means the City of Tigard, Washington County, Oregon. 207. "CITY CENTER DEVELOPMENT AREA" means the area as shown in Exhibit _ and as designated in the legal description found in Section 300 of this Plan. 208. "CITY COUNCIL" or "COUNCIL" means the governing body of the City of Tigard. 209. "COMPREHENSIVE PLAN" means the Land Use Plan of the City of Tigard including all of its policies, procedures and implementing provisions. 210. 'COUNTY" means Washington County, Oregon. 211. "EXHIBIT" means an attachment of narrative, map or other graphic, to this Development Plan and contained herein. 212. "ORS" means Oregon Revised Statutes (State Law). ORS 457 is the chapter which regulates the urban renewal of blighted areas within the State of Oregon; ± = 213. "PLAN" or "DEVELOPMENT PLAN" means the City Center Development Plan,,an Urbari-Renewal Plan 6f-the--City of Tigard, ORegon. 214. "STATE" means the State of Oregon including its various departments, divisions and agencies. 215. "TAX INCREMENT FINANCING" means a method of financing indebtedness incurred by the Tigard Development Agency in preparing and implementing the Development Plan. Such Tax Increment Method is authorized by ORS sections 457.420 through 457.450 and provides that the tax proceeds, if any, realized from an Increase in the taxable assessed value of real, personal and public utility property within the Development Area above that existing on the County tax roll last equalized prior to the filing of this Plan with the County Assessor. shall be 6 Vers. 1/30/89 paid into a special fund of the Agency. Such special fund shall be used to pay the principal and interest on indebtedness incurred by the Agency in financing or refinancing the preparation and implementation of the approved Development Plan. 216. "TAXING BODY" means any of the public jurisdictions which levies ad valorem taxes within the boundaries of the Development Area. 217. "URBAN RENEWAL LAW" eans Chapter 457 of the Oregon Revised Statutes as same exists on the effective date of this Urban Renewal Plan or as same may be amended from time-to-time by action of the Oregon Legislature. 7 SECTION 300. LEGAL BOUNDARY DESCRIPTION 301. The legal description of the boundaries of the Development Area are: A tract of land located in the southeast quarter of Section 35, Township 1 South, Range 1 West, Willamette Meridian, and Section 2, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being described as follows: Beginning at the northwest corner of Lot 28, Chelsea Hill, a recorded plat, Washington County Plat Records; thence North 43°0231" West, 235.81 feet to the most northerly corner of Lot 54, Chelsea Hill No. 2, a recorded plat, Washington County Plat Records; thence South 42058'08" West, 165.14 feet to the southwesterly right-of-way line of SW Hill Street; thence North 43036' West, on said southwesterly right-of-way line and its northwesterly extension, 684.24 feet to the southeasterly line of Lot 20, Viewcrest Terrace, a recorded plat, Washington County Plat Records; thence North 38025'05" East on said southeasterly line approximately 20 feet to the most easterly corner of said Lot 20; thence North 43035'40" West, 455.22 feet to the most northerly corner of Lot 16, said Viewcrest Terrace; thence North 44010' West, 546.0 feet to the southeasterly end of SW McKenzie Place (a 40' wide roadway dedicated to the public in Book 879, Page 212, Washington County Deed Records); thence South 45055' West, 26.68 feet to the most southerly corner of said SW McKenzie Place; thence North 44007' West on the southwesterly line of said SW McKenzie Place and its northwesterly extension approximately 359 feet to the northwesterly right-of-way line of State Highway 99W (SW Pacific Highway); thence northeasterly, on said northwesterly right-of-way line, approximately 1735 feet to the most easterly corner of that parcel shown on County Survey #10102, Washington County Survey Records; thence northwesterly, on the northeasterly line of said parcel, 20.28 feet; thence continuing on said parcel boundary the following courses; northeasterly 11 feet, and North 52008" West, 98.15 feet to the southwesterly right-of-way line of SW Tigard Street (County Road 767); thence North 65049' West, on the southwesterly right-of-way line of said SW Tigard Street, approximately 785 feet to the southeasterly right-of--way line of SW Grant Avenue (County Road 1496); thence northeasterly, approximately 240 feet to the most westerly corner of Lot 7, Mariell, a recorded plat, lashington County Survey Records; thence southeasterly, on the northeasterly right:-of-way line of SW Commercial Street, approximately 950 feet to the southeast- line of the John Hicklin DLC No. 37; thence North 45018' East on said DLC line, approximately 300 feet to the southerly 4r right-of-way line of SW Center Street (County Road 972, being 40 feet wide); thence South 68020' East, on said southerly right-of-way line, approximately 180 feet to the southwesterly extension of the southeasterly right-of-way line of SW Center Street (County Road 1365, being 50 feet in width); thence northeasterly, on said southeasterly right-of-way line, approximately 500 feet to the most westerly corner of Lot 7, Block 1, Kingston, a recorded plat, Washington County Plat Records; thence South 44030' East (on the southwesterly line of said Lot 7), approximately 60 feet to the northerly right-of-way line of State Highway 99W (SW Pacific Highway); thence northeasterly on said northerly highway right-of-way line, approximately 1110 feet to the southerly extension of the east right-of-way line of SW Hall Boulevard; thence southerly approximately 110 feet to east right-of-way line of SW Hall Boulevard at its point of intersection with the southerly right-of-way line of said State Highway 99W; thence southerly on the east right-of-way line of said SW Hall Boulevard, approximately 4380 feet to its intersection with the easterly extension of the south right-of-way line of SW Omara Street; thence westerly, on said south right-of-way line, 514.89 feet to the east right-of-way line of SW Edgewood Street; thence South 3057'39" West, on said east right-of-way line, 185.92 feet to the easterly extension of the south right-of-way line of SW Omara Street; thence North 87055'57" West, on said south right-of-way line, 323 feet to the southerly extension of the east line of Chelsea Hill, a recorded plat, Washington County Plat Records; thence North 3036'30" East, on said east line, 571.12 feet; thence North 65054'27" West 74.22 feet; thence South 48000'32" West, 89.36 feet to the north right-of-way line of SW Chelsea Loop; thence, westerly on said north right-of-way line, on a 140 foot radius nontangent curve concave to the south (the chord bears North 78037'14" West, 167.06 feet), 179.00 feet; thence North 621D27'01" West, 149.70 feet; thence South 75000' West, 90.00 feet to the paint of beginning. 301. Exhibit Map of Development Area which shows the area encompassed by the foregoing legal boundary description. SECTION 400 - MISSION STATEMENT AND GOALS OF THE DEVELOPMENT AGENCY FOR THE CITY CENTER DEVELOPMENT PLAN. 401. MISSION STATEMENT The mission of the Development Agency is to strengthen the economic vitality of the City Center of Tigard by eliminating blighting conditions and to create a sense of place and identity as the "Heart of the City" - a vital center of social, cultural, economic and political activity. i 402. GOALS i To accomplish its mission the Development Agency will implement this City Center Development Plan, the goals of which are: i A. To remove limitations to economic growth in the City Center study area j created by existing blighting conditions so that vacant and underdeveloped properties can realize their full market potential and be utilized to their highest and best use consistent with other goals of the the City Center Development Plan; B. To encourage and enhance opportunities for commercial, residential and + industrial property to be developed and improved in the City Center with an emphasis on establishing a visible and economically active city center; C. To encourage multi-family housing in the City Center to actively support commercial development and provide a diverse environment; D. To retain and expand existing businesses in the city center area to be compatible with the Development Plan;. E. To provide pedestrian and vehicular transportation access and circulation systems which support development of the city center in accordance with the Development Plan; i. t A F. To encourage a more efficient public transportation system to support the residential and employment population of the city center; G. To ensure that infrastructure and other public facilities within the city center are adequate and timely to accomodate current and future development; H. To provide a network of public and private open spaces adaptable to a wide variety of uses. Extend the network of open space from Fanny Creek Park throughout the city center to develop the theme of "the City in the Park" 1. To create an atmosphere in the city center which is attractive and encourages investment in and occupancy of business and residential properties in the city center. 403. RELATIONSHIP OF PLAN TO LOCAL OBJECTIVES This Plan is intended to further the objectives of the City Comprehensive Plan. Further this Plan is intended to improve land uses, traffic flow, access ` to and from the Development Area, and improve streets, sewers, storm drain systems, park areas, public parking and other public facilities. 404. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN This Plan has been prepared in total conformity with the City's adopted and acknowledged Comprehensive Plan including its goals, policies, procedures and implementing provisions. 405. CONSISTENCY WITH ECONOMIC DEVELOPMENT POLICY (TO BE COMPLETED) I <f`' .<><: Vers. 1/30/89 RAW SECTION 500. LAND USE PLAN The use and development of all land within the City Center Development Plan shall comply with provisions of the City's Comprehensive Plan and all of its applicable implementing provisions. The Comprehensive Plan is the City's acknowledged Plan as required by State Law. 501. LAND USE DESIGNATIONS (O BE CONTINUED) 10 Vers. 1 30 89 SECTION 600. DEVELOPMENT PLAN ACTIVITIES To achieve the goals and objectives of this Plan, the following projects and activities, subject to the availability of appropriate funding, may be undertaken by f the Development Agency, or caused by it to be undertaken by others, in i accordance with applicable Federal, State, County and City laws, policies and procedures, and in compliance with provisions of this Plan. t Where project/activity descriptions include specifically named components, it is E for identifying the type, quality or scale of the project or activity and is not meant f C to be all-inclusive. Details of projects will be laid out as specific projects are engineered, designed and budgeted. In the development of such detail the Agency will be guided by the objectives of this Plan and aided by elements of the City Center Urban Design Plan, the Fanno Creek Park Master Plan and similar studies and staff work. 601. DEVELOPMENT PLAN PROJECTS AND IMPROVEMENT ACTIVITIES The following projects, numbered 1 through 23, are hereby deemed necessary to eliminate blighting conditions and influences within the Development Area and necessary to make the Area usable for expanding existing businesses and other compatible uses and for the Area to be attractive for new businesses and multi- family residential development. } All utility systems, streets and highways, bike and pedestrian paths, parks, public , parking facilities, bridges and other public Improvements shall be complete with all appurtenant and supporting parts, consistent with sound engineering princlpies and conforming with the standards of the City. With funds available to It, the Development Agency may fund in full, in part, or a proportionate share based on use and demand within the Development Area, the following projects. 11 Vers. 1/30/89 STREETS AND TRAFFIC 1. Main Street Bridge. Construct new bridge across Fanno Creek to be complementary to new park development and the reconstruction of Main Street. 2. Main Street. Reconstruct Main Street between the Fanno Creek Bridge and Scoffins Street, including new sidewalks, landscaping, street furniture, decorative lighting standards, improved railroad crossing and special intersection treatment to improve pedestrian movement. 3. Pacific Highway Ramp. Construct ramp to permit southbound traffic on Route 99W to enter City Center Via Tigard Street. 4. Tigard Street. Full improvement of Tigard from new ramp to intersection with Main Street. 5. Burnham Street. Realign and improve westerly section to intersect Main Street opposite Tigard Street and improve to include landscaping, sidewalks, street furniture, decorative lighting standards to match or complement Main improvements. Improve balance of Burnham easterly to Hall Boulevard. 6. Ash Street. Extend and improve Ash Street from the south boundary of Development Area to its connection with Scoffins & Hunziker. Bridge Fanno Creek Park. 7. Commercial Street. Improve from Main to Hall. 8. Hall Boulevard. Improve Hail Boulevard from Pacific Highway to Fanno Creek. Provide for landscaped median and special landscaping at both sides. 12 Vers. 1/30/89 "k < 7~ N3`1' i 9. Scoffins Street. Realign at intersection with Hall Boulevard and to i accommodate the extension of Ash Street. f 10. Pacific Highway. Improve intersections through reconstruction and/or signalization to improve access into City Center Development Area. i PARKS. BEAUTIFICATION. ENTRYWAYS 11. Fanno Creek Park. Develop from Hall to Main in accordance with Master Plan. Acquire additional public park area as needed. 12. "Mini-Parks." Provide for the development and maintenance of mini=parks, special landscaped areas adjacent to streets and pedestrian ways, particularly along Burnham. Encourage private property owners to participate significantly in these projects. 13. Entryways. Develop highly visible, attractive entryways at key access i points to City Center Area using landscaping, special structures, lighting, ANN" signage, etc. to achieve special identity. bbF; 14. Public Art. Provide for development of public art (sculpture, fountains, € murals, mosaics, etc.) which can be viewed from plazas, walks or within public buildings. OTHER PUBLIC FACILITIES 15. Parking. Develop additional off-street public parking facilities to i accommodate present and newly developed demand. Construct structures and develop surface lots to serve users of commercial and public facilities I in the Main-Burnham area particularly. 16. Tigard Square. Acquire and develop a public plaza in the Main-Burnham area to serve as a focal point for commercial development and public activity. 13 Vers. 1/30/89 17. Community Center. Locate and develop a community center building on i or adjacent to Tigard Square. 18. Towers. Provide for the construction of highly-visible vertical landmarks i (bell towers, sculpture, observation towers, etc.) on or adjacent to Tigard. E. Square and near easterly end of Burnham in or near Civic Center expansion. t 1. 19. Public Restrooms. Develop from several public restrooms to serve new areas of public congregation, i.e. near park, Tigard Square, Main- Burnham, etc. Encourage such facilities as part of public or private buildings rather than as. free-standing structures. PROGRAMS /ACTIVITIES 20. Program Administration. The Agency will make provision, through development and adoption of an annual budget, for necessary management and supporting services adequate to coordinate project construction, program activities, marketing efforts and business Y; development or redevelopment activities. 21. Loan Programs. The Agency will budget available funds to establish and carry on a below-market interest loan program to assist and encourage rehabilitation, renovation or improvement of,structures which add to the overall upgrading of the Development Area. Criteria for eligibility to apply for such loans and other program details will be established by the Agency. I 22. Relocation Assistance. The Agency will provide both technical and financial aid to occupants of property acquired by the City or Agency in r i 14 C Vers. 1/30/89 Mail, ;E{ .',may furtherance of Plan objectives or construction of public facilities within the Development Area. 23. Pedestrian Weather Protection. The Agency may, subject to availability of funds, establish and carry on a program designed to encourage the extension of buildings, marquees, awnings or other forms of weather protection over pedestrian ways in the more densely developed and used portions of the City Center. 602. ACQUISITION OF REAL PROPERTY - Language being written and reviewed by staff, City Attorney and the Consultant. 603. IDENTIFY PROPERTY FOR ACQUISITION - Language being written and reviewed by staff, City Attorney and the Consultant. 609. PROPERTY ACQUISITIONFOR NON-IDENTIFIED PROJECTS - Language being written and reviewed by staff, City Attorney and the Consultant. AW, 605. RELOCATION ACTIVITIES - Language being written and reviewed by staff, City Attorney and the Consultant. 606. PROPERTY DISPOSITION AND REDEVELOPER O$UGATIONS A. PROPERTY DISPOSITION. The Development Agency is authorized to dispose of, sell, lease, exchange, subdivide, transfer, assign, pledge, or encumber by mortgage. deed of trust, or otherwise any interest in real property which has been acquired by it in accordance with provisions of this Plan and with the terms and conditions set forth in a Disposition and Development Agreement mutually agreed to by all affected parties. All real property acquired by the Development Agency in the City Center Development Area, if any, shall be used or disposed of for development consistent with the uses permitted in this Plan_ The Development Agency shall obtain fair re-use value for the specific uses to be permitted on the real property. Real property acquired by the Agency may be disposed of to any other public entity without cost to such other public entity, in accordance with provisions of this Plan. All persons and entities obtaining property from the Development Agency shall use the property for the purposes designated in this Plan or specified by the Agency and shall commence with complete development of the property within a period of time which the Development Agency fixes as reasonable, and shall 19 Vers. 1/30/89 comply with other conditions which the Development Agency deems necessary to carry out the objectives of this Plan. In the conveyance of any property, the Development Agency shall provide i adequate safeguards to ensure that provisions of this Plan will be carried out to prevent the recurrence of incompatible uses or blight. Leases, i r deeds, contracts, agreements, documents, and declarations of restrictions by the Development Agency may contain restrictions, covenants, ti f covenants running with the land, rights of reverter, conditions precedent ` t. 1 or subsequent, equitable servitudes, or any other provisions necessary to carry out this plan. e; B. REDEVELOPER'S OBLIGATIONS. A Redeveloper is any public entity or private party who acquires property from the Development Agency. Any Redeveloper and its successors or assigns within the Development Area r. must comply with provisions of this Plan and with terms and conditions of the Disposition and Development Agreement. Among the provisions which the Agency may include within the Disposition and Development as requirements of tlhe Redeveloper are the following: 1. Obtaining necessary approvals of proposed developments from ~r all Federal, State and/or local agencies that may have jurisdiction, on properties and facilities to be developed or redeveloped; 4 2. Development or redevelopment of such property in accordance with the land-use provisions and other requirements specified in this Plan; 3. Submittal of all plans and specifications for construction of improvements on the land to the Development Agency or such 20 I` n ; :<< Vers. 1/30/89 of its agents as the Agency may designate for review and approval prior to distribution to appropriate reviewing bodies as required by the City; 4. Reasonable time lines for commencing and completing the specified development of such property; 5. No execution of any agreement, lease, conveyance, or other instrument which contains restrictions upon the basis of age, race, color, religion, sex, marital status, or national origin in the sale, lease or occupancy of the property; 6. Maintenance of the developed and/or undeveloped property in a clean, neat, and safe condition. 607. BUILDING REHABILITATION LOAN FUND With funds available to it, the Development Agency may promulgate rules, guidelines, policies and establish a below market value loan fund for the rehabilitation and restoration of existing buildings located within the boundaries of the Development Area. Such loan fund is hereby deemed an appropriate adjunct to this Plan to eliminate blight and to further Plan objectives. 609. OWNER PARTICIPATION Property owners within the Development Area proposing to improve their properties and receiving assistance from the Development Agency shall do so in accordance with all applicable provisions of this Plan and with all applicable codes, ordinances, policies, plans and procedures of the City. 610. ADMINISTRATIVE ACTIVITIES A. The Development Agency may obtain its administrative support staff from the City and the City may provide the personnel necessary to staff the 21 Vers. 1/30/89 ~ Agency on such terms and conditions as the Development Agency and the City may from time to time agree. In developing the staffing requirements of the Development Agency, the Development Agency will evaluate and make recommendations to the City regarding their personnel support needs. Development Agency staffing recommendations shall be included in the annual budget proposal of the Development Agency to the City. B. Further, the Development Agency may retain the services of independent professional people, firms, or organizations to provide technical services in such areas as legal, economic, financial, real estate, planning, engineering and any other skill deemed necessary by the Agency. C. The Development Agency may acquire, rent or lease office space and office furniture, equipment and facilities necessary for it to conduct its affairs in the management and Implementation of this Plan. D. The Development Agency may Invest its reserve funds in interest-bearing accounts or securities consistent with provisions of City, State and Federal law. E. To implement this Plan, the Development Agency may borrow money, accept advances, loans or grants from any legal source, issue qualified redevelopment bonds, tax increment bonds, and may receive tax increment proceeds as provided for in Section 700 of this Plan. An affirmative vote by a majority of the then filled positions of the Development Agency shall be required for the Development Agency to issue any bonds. 22 :•:<< Vers. 1/30/89 F • S :i: F:if'i: i f.•i'Fn•.•F.•'`:iii:{iE F. Authorization and Powers: Without limiting any other provision, power or authorization of this Plan, the Development Agency shall have all of the powers and responsibilities allowed under provisions of ORS Chapter 457 except as may be expressly limited by the City Council's approval of this Plan. 23 1 Vers. 1/30/89 s f E SECTION 700. FINANCING OF DEVELOPMENT PLAN INDEBTEDNESS The Development Agency may borrow money and accept advances, loans, grants and any other legal form of financial assistance from the Federal Government, the State, City, County, or other public body, or from any legal sources, public or private, for the purposes of undertaking and carrying out this Plan, or may otherwise obtain financing as authorized by ORS Chapter 457. 701. SELF LIQUIDATION OF COSTS OF URBAN RENEWAL INDEBTEDNESS (FAX INCREMENT FINANCING). Projects and activities of the Agency may be financed, in whole or in part, by self-liquidation of the costs of renewal activities as provided in ORS 457.420 through 457.450. The ad valorem taxes, if any, levied by a taxing body upon the taxable real and personal property situated in the Development Area shall be divided as provided in ORS 457.440. That portion of the taxes representing the levy against the Increase, If any, in the assessed value of property located in the Development Area over the assessed value specified in the certificate filed under ORS 457.430, shall, after collection by the tax collector, be paid Into a special fund of the Development Agency and shall be used to pay principal and interest on any indebtedness incurred by the Agency to finance or refinance this Plan and any projects or activities authorized and undertaken pursuant to provisions of this Plan. Upon completion of the projects and activities identified in this Plan or subsequent amendments to this Plan, and the satisfaction of all outstanding Agency indebtedness, the division of taxes under ORS 457.420 - 456.450 shall cease as provided by ORS 457.450. 24 Vers. 1/30/89 >r` 702. PRIOR INDEBTEDNESS Any Indebtedness permitted by law and incurred by the Agency, or the City in connections with preplanning for this Development Plan may be repaid from Development Agency funds when and if such funds are available. 703. ANNUAL BUDGET The Development Agency shall adopt and use a fiscal year ending June 30. Each year, by July 1, the City Council shall adopt a budget for the Development Agency In conformance with provisions of ORS 294 (the local Budget Law) and ORS 457.460 which shall describe its sources of revenue, proposed expenditures and activities. The Development Agency shall submit its proposed budget to the City's Budget Committee for its review and approval and such Agency shall not undertake any activities nor expend any funds except as provided in the budget approved by the City Council. 25 =<>><<>< '<s:: Vers. 1/30/89 ®R` -iiii SECTION 800. ANNUAL FINANCIAL STATEMENT REQUIRED 801. REQUIRED FINANCIAL STATEMENT ORS Section 457.460 requires that the Development Agency, by August 1 of each year, prepare a statement containing: A. The amount of tax increment revenues (ORS 440(4)) preceding fiscal year and from Indebtedness Incurred by ORS 457.440(6); B. The purpose and amounts for which such money were expended during the preceding fiscal year; C. An estimate of tax increment monies to be received during the current fiscal year and from indebtedness incurred under ORS 457.440(6); D. A budget setting forth the purposes and estimated amounts for which all such monies are to be expanded during the current fiscal year; and E. An analysis of the impact, if any, of carrying out the Development Plan on the tax rate for the preceding year for all taxing bodies included under OR 457.430; F. If the August 1 deadline to met provisions of the ORS Section 457.460 Is changed by the legislature, then the Agency will conform to the new date to prepare the requirement statement. 802. STATEMENT FILED AND PUBLISHED The statement required by subsection 801 shall be filed with the City Council and notice shall be published as provided by state law that the statement has been prepared and is on file with the City and with the Development Agency and the Information contained in the statement Is available to all Interested persons. The notice shall summarize the required information as set forth in subsection 801 herein. 26 = •f$. 4. 1 Vers. 1/30/89 >::;~;~~•:f.;:,fix;:,::>~< SECTION 900. CITIZEN PARTICIPATION The activities and projects identified in this Plan, the development of subsequent plans, procedures, activities and regulations, and the adoption of amendments to this Plan shall be undertaken with the participation of citizens, owners and tenants as individuals and organizations who reside within or who have financial interest within the City Center Development Area and with the general citizens of the City. For this purpose the City Council established the City Center Plan Task Force to advise and assist In the details and preparation of this Plan. The Council has also established the City Center Development Advisory Commission to advise and assist it and the Development Agency in implementation of and any future amendments to this Plan. 27 Mill I Vers. 1/30/89 tz:::w«r<, ~ b i t i If 5 SECTION 1000. NON-DISCRIMINATION In the preparation, adoption and implementation of this Plan, no public official or private party shall take any action or cause any persons, group organization to be discriminated against on the basis of age, race, color, religion, sex, marital status or national origin. SECTION 1100. RECORDING OF PLAN i f A copy of the City Council's ordinance adopting this Plan under ORS 457.095 shall be sent by the Council to the Development Agency. Following approval of this Plan as required by the City Charter, the Agency will have the Plan recorded•with the Recording Officer or Washington County. SECTION 1200. PROCEDURES FOR CHANGES OR AMENDMENTS IN THE APPROVED 1201, 1202 CITY CENTER DEVELOPMENT PLAN - Language being written and 1203 and reviewed by staff, City Attorney and the Consultant. Vers. 1/30/89 SECTION 1300. DURATION AND VALIDITY OF APPROVED DEVELOPMENT PLAN 1301 DURATION OF DEVELOPMENT PLAN i This Plan shall remain in full force and effect for a period of not more than fifteen t (15) years from the effective date of this Plan. Any extension beyond fifteen (15) years shall require an authorized extension and shall be considered as a substantial change pursuant to Section 1203. [ t 1302 VALIDITY Should a court of competent jurisdiction find any word, clause, sentence, section or part of this Plan to be invalid, the remaining words, clauses, sentences, sections or parts shall be unaffected by such finding and shall remain In full force and effect for the time period described In subsection 1301 and 701. i 1 i F f 31