City Council Packet - 02/27/1989
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TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an
REGULAR MEETING AGENDA agenda item needs to sign on the appropriate
w w BUSINESS AGENDA CATV sign-up sheet(s). If no sheet is available,
FEBRUARY 27, 1989, 5:30 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
H 13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters
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E-+W TIGARD, OREGON 97223 can be set for a future Agenda by contacting
either the Mayor or City Administrator.
5:30 o 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.
6:30 o STUDY SESSION
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 Nun-Agenda Items
7:35 2. VISIT'OR'S AGENDA (2 Minutes or Less Per Issue, Please)
7:40 3. KEYS TO THE CITY - RECOGNIZING CITIZENS WHO HAVE SERVED ON A BOARD OR
COMMITTEE
7:45 4. 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: F
4.1 Appoint Gerry McReynolds to Tigard Budget Committee - Resolution f<
No. 89-
4.2 Recess Council Meeting; Convene Local Contract Review Board
Meeting (LCRB)
a. Authorize Contract for Engineering Services - Bonita Road
b. Authorize Contract for Engineering Services - Pfaffle Street
Adjourn LCRB meeting; Reconvene Council Meeting
7:50 5. CITY OF TIGARD AMBASSADOR PROGRAM - IMPLEMENTATION BY TIGARD ECONOMIC
DEVELOPMENT COMMITTEE - RESOLUTION NO. 89-
0 Community Development Staff
8:00 6. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT - ZOA 89-02 - CITYWIDE
A request by the City of Tigard to Amend Title 18 (Zoning) of the
Tigard Municipal Code to streamline regulations and permit processing
procedures and requirements.
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
COUNCIL AGENDA - FEBRUARY 27, 1989 - PAGE 1
9:00 7. CITY CENTER DEVELOPMENT PLAN DISCUSSION
_ o Community Development Staff
:SO 8. NON-AGENDA ITEMS: From Council and Staff
9:40 9. 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.
10:00 10. ADJOURNMENT
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COUNCIL AGENDA - FEBRUARY 27, 1989 - PAGE 2
T I G A R D C I T Y C O U N C I L
MEETING MINUTES - FEBRUARY 27, 1989 - 6:30 P.M.
1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn
Eadon, Valerie Johnson (arrived at 6:45 PM), Joe Kasten, and John
Schwartz. City Staff: Pat Reilly, City Administrator; Chuck Corrigan,
City Attorney; Janice Deardorff (present for Executive Session at the
beginning of the meeting only); Keith Liden, Senior Planner; Ed Murphy,
Community Development Director; Catherine Wheatley, Deputy City
Recorder; and Randy Wooley, City Engineer.
2. EXECUTIVE SESSION: The Tigard City Council went into Executive
Session at 5:43 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:
6:30 p.m.; Council Study Session convened.
3. STUDY SESSION
a. City Administrator received consensus from Council that cable
television would be authorized for the remainder of the business
meetings for the fiscal year.
b. Upcoming meeting dates were discussed including a TVEDC meeting
sheduled for February 28, 4-6 p.m. at the Portland Community College
Rock Creek Campus. The purpose of the meeting was to provide an
update on the westerly bypass project.
c. Senior Planner Liden reviewed revisions to Tigard Municipal Code
Title 18 noting the sections affected by the streamlining process.
He advised that most of the revisions were made to assure
terminology consistency. Another benefit to the proposed wording
would be that the Development Code and the Tigard Municipal Code
would be formatted alike. Discussion followed.
(Councilor Johnson arrived at 6:45 PM.)
d. City Administrator noted an issue which may be brought to Council's
attention during the Visitor's Agenda. This issue concerned a
Planning Commission decision entitled: Grabhorn (Centron) SDR
88-25, MLP 88-16, and V 88-39.
Legal counsel advised that the City Council could pull up the case
and limit the testimony to the right-of-way issue and the east-west
street. After discussion, Council consensus was to consider a~
public hearing to evaluate the right-of-way issue raised by the
applicant and the need for an east-west street as originally
required in the Planning Division decision.
e. The Community Development Plan was discussed. Staff reported that
Ordinance No. 89-05, which received unanimous Council approval on
February 13, 1989, would not require a second reading as was
previously reported. This ordinance declared the need for
establishing the City Center Development Agency and created the City
Center Development Commission. Legal counsel had advised staff the
Page 1 - COUNCIL MINUTES - FEBRUARY 27, 1989
effective date of the ordinance would be on the 31st day after the
date the ordinanace was unanimously approved by Council.
Discussion followed on the Community Development Plan timeline.
(Draft timeline has been filed with the Council packet material.)
4. VISITOR'S AGENDA
a. Pat Mulligan, 12200 S.W. 128th Avenue, Tigard, Oregon, was present
representing St. Anthony's Parish. Mr. Mulligan requested a waiver
of OLCC license processing fees for a wine-tasting, fund-raising
event. This request was made in accordance with Tigard Municipal
Code Section 3.32.070.
Motion by Councilor Eadon, seconded by Councilor Schwartz, to
approve a waiver of the fee as requested noting this was consistent
with past Council action.
The motion was approved by unanimous vote of Council present.
b. Dave Atkinson, 10460 SW Century Oak Drive, reported that the
224-unit apartment development off Durham Road was being advertised
as low-income, subsidized housing. He noted concerns with potential
decreases in surrounding property values. Mr. Atkinson recommended
that, in the future, NPO's ask developers more specifically
concerning development plans.
Councilor Johnson noted any decisions regarding potential
development must be within the parameters of state law.
c. Tom Cordosa, 5285 SW Meadows Road, Lake Oswego, testified on behalf
of Burt Grabhorn who was appealing a Planning Commission decision
(Case No. SDR 88-25, MLP 88-16, V 88-39).
As noted in the staff report, the Planning Division approved the
application for a partition to divide a 35.39 acre parcel into two
parcels of 17.83 and 17.56 acres and to develop a 266-unit apartment
complex on the southern 17.83 acre tract. This approval was
appealed by the applicant, primarily because of the right-of-way
dedication requirements (approximately 1700 feet of frontage without
compensation) and the condition that called for the provision of an
east-west local street between 130th Avenue and 135th Avenue.
i
The Planning Commission modified the Planning Division decision by
deleting the requirement for a public east-west street, but retained
the conditions pertaining to right-of-way dedication along the
property frontage. The applicant has requested a second appeal to
be reviewed by the Council because of the right-of-way dedication
requirements. The code does not allow a second appeal of land use
decision, but the Council may call the case up for a further
review. If the Council declines, the applicant must appeal to the
State Land Use Board of Appeals (LUBA). i
After discussion with Mr. Cordosa and Community Development staff,
there was a motion by Councilor Johnson, seconded by Councilor
Kasten, to call this case up for review to evaluate the right-of-way
Page 2 - COUNCIL MINUTES - FEBRUARY 27, 1989
issue raised by the applicant and the need for an east-west street,
as originally required in a Planning Division decision; the hearing
was set for March 27, 1989.
The motion was approved by unanimous vote of the Council present.
The applicant will receive a refund of the appeal fee.
c. David Blake, representing Trammell-Crow, 5725 SW Charles Circle,
Lake Oswego, Oregon, testified that when the Lincoln Center
development was part of Washington County, it was allowable for them
to a build parking lot in a residentially zoned area. The property
has since been annexed to the City of Tigard and the Tigard
Municipal Code does not allow for parking lots in a residential
area. A Comprehensive Plan Amendment (CPA) would be necessary for
the developer to build a parking lot; the deadline for filing the
Comprehensive Plan amendment was missed and the applicant was E'!
requesting a waiver of this deadline. f
4.
The Community Development Director reported the applicant had not
been clearly advised by staff whether this issue would represent a
CPA; this was the primary reason the deadline for filing was
missed. Discussion followed.'
Motion by Councilor Schwartz, seconded by Councilor Johnson, to
waive the deadline for filing the CPA request due to the
misunderstanding regarding City process for this issue.
The motion was approved by unanimous vote of Council present. I'
5. KEYS TO THE CITY
a. The following citizens were recognized for their service on a board
or committee:
Jolynn Ash City Center Plan Task Force
Ormond Doty Economic Development Committee
Joe Kasten Transportation Advisory Committee
Russell Krueger Neighborhood Planning Organization #7
Rick McMahon Neighborhood Planning Organization #4
William Monahan City Center Plan Task Force
Joyce Patton Budget Committee
Mayor presented the Keys to those who were present. Mayor called 4
special attention to service by Richard McMahon who had served the
City on a volunteer basis since 1975. (Mr. McMahon was unable to
attend the meeting to receive his Key in person.) Councilor Johnson
suggested special thanks be forwarded to Mr. McMahon.
6. CONSENT AGENDA
6.1 Appoint Gerry McReynolds to Tigard Budget Committee - Resolution
IMP"
No. 89-15
6.2 Recess Council Meeting; Convene Local Contract Review Board
Meeting (LCRB)
a. Authorize Contract for Engineering Services - Bonita Road
Page 3 - COUNCIL MINUTES - FEBRUARY 27, 1989
b. Authorize Contract for Engineering Services - Pfaffle Street
(Amended contract wording--not part of transportation safety
bond.)
Motion by Councilor Johnson, seconded by Councilor Schwartz, to
approve the Consent Agenda.
It was noted by Councilor Schwartz that the contract for engineering
services on Bonita Road was a project identified in the
Transportation Safety Improvement Bond.
The motion was approved by unanimous vote of Council present.
7. CITY OF TIGARD AMBASSADOR PROGRAM - IMPLEMENTATION BY TIGARD ECONOMIC
DEVELOPMENT COMMITTEE
a. The Economic Development Committee and staff presented to Council
the Ambassador Program structure outline on February 20, 1989.
After the review of the outline, it was the consensus of Council to
request staff prepare a resolution directing immediate
implementation of the Ambassador Program.
b. RESOLUTION NO. 89-16 A RESOLUTION APPROVING AN AMBASSADOR PROGRAM
FOR THE CITY OF TIGARD AND DIRECTING IMMEDIATE IMPLEMENTATION BY THE
TIGARD ECONOMIC DEVELOPMENT COMMITTEE.
c. Motion by Councilor Johnson, seconded by Councilor Schwartz, to
y adopt Resolution No. 89-16.
The motion was approved by a unanimous vote of Council present.
8. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 89-02 - CITYWIDE
A request by the City of Tigard to amend Title 18 (Zoning) of the
Tigard Municipal Code to streamline regulations and permit processing
procedures and requirements.
a. Public hearing was opened.
b. There were no declarations or challenges.
c. Senior Planner Liden reviewed the synopsis of changes made to the
Community Development Code, also known as Title 18 of the Tigard
Municipal Code. (A list of these changes and errata sheets were
filed with the Council packet material.) He noted discrepancies
between the Tigard Municipal Code and the Community Development Code
were removed; and improvements to the general format,
capitalization, punctuation and outline format were made. He
further advised that Chapter 18.102, Visual Clearance, would not be
changed at this time.
After discussion, Council recommended the following amendments to
the document submitted by staff:
o Appeal hearings before Council would be "on the record" as
opposed to de novo.
Page 4 - COUNCIL MINUTES - FEBRUARY 27, 1989
o For all development chapters: An extended approval period would
be for a one-and-one-half-year review period with a possible one
year renewal.
Notice requirements were discussed including the effectiveness of
present notification practices (i.e.., newspaper ads and mailings.)
It was noted Washington County posts land use activity proposals on
the affected property. Consensus was that this may be a method of
notification for Tigard to consider in the future.
d. Public testimony. There was none.
e. Senior Planner Liden recommended adoption of the proposed ordinance
amending Title 18 of the Tigard Municipal Code as outlined.
f. Public hearing was closed.
i
g. ORDINANCE NO. 89-06. AN ORDINANCE TO AMEND TITLE 18 OF THE TIGARD
MUNICIPAL CODE AND SETTING AN EFFECTIVE DATE. (ZOA 88-02).
h. Motion by Councilor Johnson, seconded by Councilor Eadon, to adopt
Ordinance 89-06 with the changes listed by staff in the Summary of
Code Changes, the errata sheet and Council discussion (see Item 8.c.
above).
The motion was approved by unanimous vote of Council present.
9. CITY CENTER DEVELOPMENT PLAN DISCUSSION. (There was no further
discussion on this agenda item; see Item 3.e. on Page 1 of this G
document.)
10. NON-AGENDA ITEMS: There were none.
11. EXECUTIVE SESSION: The Tigard City Council went into Executive
Session at 8:28 PM under the provisions of ORS 192.660 (1)(d), (e), and
(h) to discuss labor relations, real property transactions and current s
and pending litigation issues. s
12. ADJOURNMENT: 10:00 PM.
Approved by the Tigard City Council on 1989.
Deputy Recorder - City of Tiga
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Page 5 - COUNCIL MINUTES - FEBRUARY 27, 1989
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qq \J P.O. BOX 370 PHONE (503) 684.0360 Notice 7-6836
BEAVERTON, OREGON 97075
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CITY OF TIGARD • 0 Tearsheet Notice E
PO BOX 23397
• TIGARD, OR 97223 • 0 Duplicate Affidavit k
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AFFIDAVIT OF PUBLICATION;
STATE OF OREGON, ) €
COUNTY OF WASHINGTON, )ss.
ELAINE PETROGEORGE
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 TIGARD in the
aforesaid county and state; that the
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and E:
consecutive in the following issues: I'
FEB. 23, 1989
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S cribed and sworn ' before me this FEB. 24, 1989
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My Commission Expires: 9/20/92` fdtFowing
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AFFIDAVIT irri315t1
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P.O. BOX 370 PHONE (503) 684.0360 Notice & G*#$
BEAVERTON. OREGON 97075
Legal Notice Advertising
e CITY OF TIGARD • ❑ Tearsheet Notice
PO BOX 23397 !
• TIGARD, OR 97223 • ❑ Duplicate Affidavit
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
1, ELAINE PETROGEORGE
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 circulator iefined in ORS 193.0100
and 193.020; published at - in aforesaid county and state; that the
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: j
FEB. 16, 1989 j
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AFFIDAVIT OF POSTING
In the Matter of the Proposed Meeting of the Local Contract Review Board on
February 27, 1989
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, Catherine Wheatley, being first duly sworn, on oath, depose and
say
That I posted a copy of Notice of Local Contract Review Board on
the bulletin board in the lobby of the Tigard Civic Center,
13125 S.W. Hall Boulevard, Tigard, Oregon on February 22, 1989.
A copy of said notice is attached.
That I notified the following newspaper agencies by telephone message:
The Oregonian (Notified by telephone call at 9:55 a.m, on
February 22, 1989; No. called was 245-6997.)
The Tigard Times (Notified by telephone call at 9:57 a.m. on
February 22, 1989; No. called was 684-0360.)
The Valley Tribune (Notified by telephone call at 10:01 a.m. on
February 22, 1989; No. called was 636-7075.)
e-.ti-+m o ty1
Subscribed and sworn to before me this _2._:~,dday of
19 Ely-.
Notary Public for Oregon
My Commission Expires:
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NOTICE OF LOCAL CONTRACT REVIEW BOARD
MEETING ON FEBRUARY 27, 1989
Notice is hereby given that a Local Contract Review Board meeting will be
held on February 27, 1989 at 7:30 p.m. in the Tigard Civic Center, 13125 S.W.
Hall Boulevard, Tigard, Oregon. The meeting is called for the purpose of
consideration of contract authorization for engineering -services on Bonita
Road and Pfaffle Street.
Further information may be obtained from the City Engineer or City Recorder,
13125 S.W. Hall Blvd., Tigard, Oregon 97223, or by calling 639-4171.
Date of Notice: ,f f G8 S
CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
(r6Ptviaaiee- /llo. krrr-vim C(! o~T~
STATE OF OREGON )
County of Washington ) ss
City of Tigard )
I, ~P J r'f SS being first duly sworn, on
oath, depose and say:
That I posted in the following public and conspicuous places, a copy of
Ordinance Number(s) 19 -
which were adopted at the Council Meeting dated ) 9
copy(s) of said ordinance(s) being hereto attached and by reference made a
part hereof, on the -3 day of Mt'Lh 1987.
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L-1. Tigard Civic Center, 13125 S.W. Hall Blvd., Tigard, Oregon.
✓2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon
X.. Safeway Store, Tigard Plaza, S.W. Hall Blvd., Tigard, Oregon p~
Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and
S.W. Durham Road, Tigard, Oregon
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Subs'cri6ed 'Zind sworn to before me this day of 19
Not ry Public for Oreg n
My Commission Expires: _,5
DATE 2/27/89
I wish to testify before the Tigard City Council on
the following item: (Please print the information)
Item Description: AGENDA
"'ITEM',.'NQs.a«-';:PUBLIC.
HEARING - ZONE ORDINANCE AMENDMENT - ZOA 89-02
CITYWIDE (AMENDMENT OF TITLE 98 of TIGUARD=MUNICIPAL
CODE
Proponent (For Issue) Opponent (Against Issue)
Name, Address and Affiliation Name, Address and Affiliation
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February 27, 1989
To: Tigard City Council
St. Anthonys School, located at 12645 S.W. Pacific
Highway requests a waiver of fee of O.L.C.C. licenses
pursuant to Tigard Municipal Code 3.32.070.
Thank you,
Pat Mulligan
3.32.070--3.36.010
3.32.070 Exemptions. The city council is authorized
to waive or exempt the fee or charge imposed upon an applica-
tion or for the use of city facilities and services, if a s
nonprofit organization requests such a waiver in writing
and the council determines that community benefit from the
proposed activity outweighs the financial burden on the city.
The waiver or exemption shall not excuse the nonprofit
organization from compliance with other requirements of
this code. (Ord. 82-72 §7, 1982).
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: 2/27/89 DATE SUBMITTED: 2/24/89
ISSUE/AGENDA TITLE: Grabhorn PREVIOUS ACTION: Planning Commission
Centron SDR 88-25 MLP 88-16 approval subiect to conditions
and V 88-39• Request for Counci'
review PREPARED BY: Keith Liden
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
POLICY ISSUE
Should the City Council call up a Planning Commission decision or let the
applicant appeal to LUBA?
INFORMATION SUMMARY
The Planning Division approved the above application for a partition to divide
a 35.39 acre parcel into two parcels of 17.83 and 17.56 acres and to develop a
266 unit apartment complex on the southern 17.83 acre tract. This approval was
appealed by the applicant, primarily because of right-of-way dedication
requirements and a condition that called for the provision of an east-west
local street between 130th Avenue and 135th Avenue.
The Planning Commission modified the Planning Division decision by
deleting the requirement for a public east-west street but retained the
conditions pertaining to right-of-way dedication along the property frontage.
The applicant has requested a second appeal to be reviewed by the Council
because of the right-of-way dedication requirements. The Code does not allow a
second appeal of a land Use decision, but the Council may call this case up for
further review. If the Council declines, the applicant must appeal to the
State Land Use Board of Appeals (LUBA).
At issue are the right-of-way dedication requirements along the 135th
Avenue, Scholls Ferry Road, and 130th Avenue frontages. The staff also has
concerns regarding the Commission's deletion of the local public street because
of its affect upon neighborhood traffic circulation.
Attached is a site map, the applicant's appeal, and the Planning Commission
final order.
ALTERNATIVES CONSIDERED
1. Uphold tha Planning Commission decision, deny the request for further
review, and refund the appeal fees.
2. Call this case up for review, schedule a hearing date, and refund the
appeal fees.
FISCAL IMPACT
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SUGGESTED ACTION
Call this case up for review to evaluate the right-of-way issue raised by the
applicant and the need for an east-west street as originally required in the
Planning Division decision. Also, a hearing date should be set and the appeal
fees should be refunded.
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LAND USE DECISION APPEAL FILING FORM
The City of Tigard supports the citizen's right to
1Qi, participate in local government. Tigard's Land Use
Code therefore sets out specific requirements for
CITYOF TIG.4RD
filing appeals on certain land use decisions.
The following for-in has been developed to assist- you in OREGON
filing an appeal of a land use decision in proper
form. To determine what filing fees will be required
or to answer any questions you have regarding the
appeal process, please contact the Planning Division
or the City Recorder at 639-4171.
1. APPLICATION BEING APPEALED: SDR 88-25, MLP 88-16, V 88-39
Final Order 89-02 PC
2. HOW DO YOU QUALIFY AS A PARTY: See attached notice of appeal.
3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW: See attached notice of appeal.
4. SCHEDULED DATE DECISION IS TO BE FINAL: February 21, 1989
5. DATE NOTICE OF FINAL DECISION WAS GIVEN: February 21, 1989
6. SIGNATURE(S): See attached notice of appeal.
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FOR OFFICE USE ONLY: Received By: C. Wheatley Date: 2/21/89 Time: 4:10 p.m.
Approved As To Form By: Co Wheatley Date: 2/21/89 Time: 4:10 p:m:
Denied As To Form By: Date: Time:
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lw/4846A Recd check in amt. of $415 ($315 for appeal fee and $100
as deposit for transcript fee). wl~p-Blip
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 a a (J
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1 BEFORE THE CITY COUNCIL
2 OF THE CITY OF TIGARD
3 gk-;)6 0.1y
In The Matter of the ) Case Nos. SDR 80-25, MLP 88-16,
4 Application of CENTRON OF ) V 88-39
OREGON CORPORATION (Tax Map ) FINAL ORDER 89-02PC
5 and Lot No(s) 131 33DB Tax )
Lot 300) ) NOTICE OF APPEAL BY BURT
6 ) GRABHORN, PETITIONER
7 1
8 Petitioner appeals the below-listed conditions of
9 approval relating to MLP 88-16, as more specifically set forth in
10 paragraph 4 below.
11 2
12 Petitioner is the owner of the property which is
13 affected by MLP 88-16, and was entitled to and did receive
14 through his attorney, Notice of Final Order entered by the
15 Planning Commission in the above cases.
16 3
17 The specific grounds for appeal are as follows:
18 (a) MLP 88-16, Condition 2 requiring additional
19 right-of-way dedication along 135th Avenue is illegal in that the
20 135th Local Improvement District should compensate Petitioner for
21 any additional right-of-way needed for the project. The local
22 improvement district plans should have contemplated the maximum
23 density of the proposed Centron development and should have
24 incorporated such density into the local improvement district
25 project, without additional right-of-way requirements levied on
26 property owners at the time of development review consideration.
Page 1 - NOTICE OF APPEAL
BALL, JANIK & NOVACK
Attorneys of Low
101 S. W. Main Street
Portland, Oregon 97204
Telephone )503) 228.2525
1 (b) MLP 88-16, Condition 4 requiring right-of-way
2 dedication along Scholls Ferry Road is illegal in that Scholls
3 Ferry Road is under State Highway Division jurisdiction. The
4 nature and scope of any assumption of public ownership along
5 Scholls Ferry Road should be determined exclusively by the State
6 with appropriate means for compensating any property owner whose
i
k
7 property is needed for improvements. The condition circumvents
8 the required legal processes for acquisition of additional
9 right-of-way abutting State highway facilities. i
10 (c) MLP 88-16, Condition 5 requiring right-of-way
i
11 dedication along 130th Avenue is illegal in that access to 130th E
F
12 Avenue is not necessitated by the Centron proposal and it is t
13 premature for right-of-way dedication to be required for a minor
14 partition. Requiring such right-of-way dedication constitutes a
15 taking by the City without compensation.
l
16 4 F
F
17 The date of the decision of the Planning Commission
k
18 concerning these matters was February 7, 1989. Petitioner's
19 attorney received the undated Notice of Final Order on February
20 16, 1989. The Notice of Final Order states that the decision
21 shall be final on February 21, 1989 with a deadline for filing an
22 appeal of February 21, 1989. !
23 5
F
24 The appeal filing fee and transcript deposit of $415.00
s
25 accompanies this Notice of Appeal.
26
Page 2 - NOTICE OF APPEAL
BALL, JANIK & NOVACK r
Attorneys at Law
101 S. W. Main Street
Portland, Oregon 97204
Telephone (503) 228.2525
1 Respectfully submitted this 21st day of February, 1989.
2 BALL, JANIK & NOVACK
By QLC~ L -
4 Ja k L. Orchard
Of ttorneys for Petitioner
5
04/08/0143/01
6
7
8
9
10
11
12
13
14
15
16 €
17 4
18
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19
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25
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Page 3 - NOTICE OF APPEAL
BALL, JANIK & NOVACK
Attomeys at Law
Ioi S. W. Main Street
Portland, Oregon 97204 t
Teiephone (503( 229-2525 £
' AFFIDAVIT OF MAILING
d✓Ql~y
STATE OF OREGON
County of Washington ) ss.
City of Tigard )
being first duly sworn/affirm, on oath
depose and say: Please `r'int
That I am a for
The City of Tigard, Oregon.
That I served NOTICE OF PUBLIC HEARING for:
at I served NOTICE OF DECISION for:
C y of Tigard Planning Director
igard Planning Commission
Tigard Hearings Officer
Tigard City Council
A copy (Public Hearing Notice/Notice of Decision) of which is attached (Marked
Exhibit "A") was mailed to each named persons at the address shown on the
attached list marked exhibit "B" on the day of 19 ' • F
said notice NOTICE OF DECISION as hereto attached, was posted on an j
appropriate bulletin board on the K^day of 19~/` ;
and deposited in the United States Mail on theda f lCi~ ,
19-9, postage prepaid.
-
Si a ure Pers n who poste o Bulletin Board
~f (For Decision Only).
Person who eli Bred to POST 0 F CE
Subscribed and sworn/affirm to. before me on the day of
19~.
AW1 NOTARY P LIC OF OREGON
My Commission Expires:
0257P/0006P
CITY OF TIGARD
C Washington County, Oregon
NOTICE OF FINAL ORDER - BY PLANNING COMMISSION
1. Concerning Case Number(s): SDR 88-25, MLP 88-16, V 88-39
2. Name of Owner: Burt Grabhorn
Name of Applicant: _ Centron of Oregon Corporation
3. Address 11080 SW Allen Blvd. S-300 City Beaverton, State OR. Zip 97005
4. Address of Property: East of 135th Ave., south of Scholls Fry. Rd.,
spanning Summercreek
Tax Map and Lot No(s).: 1S1 33DB TAX LOT 300
5. Request: To construct a 266 unit apartment complex on a 17.83 acre site.
The complex will be located on both sides of Summer Creek. A minor land
partition approval will divide the 35.39 acre parcel into two parcels of
17.83 and 17.56 acres. Also, to vary the Code building setback along
the eastern property line to 20 feet where 30 feet is required. Zone
Designation: R-25 (multi-family, 25 units/acre).
6. Action: Approval as requested
X Approval with conditions
AV' Denial
7. Notice: Notice was published in the newspaper, posted at City Hall,
and mailed to:
X The applicant and Gwner(s)
X Owners of record within the required distance
X The affected Neighborhood Planning Organization
X Affected governmental agencies
8. Final Decision: THE DECISION SHALL BE FINAL ON February 21, 1989,
UNLESS AN APPEAL IS FILED.
The adopted findings of fact, decision, and statement of conditions can
be obtained from the Planning Department, Tigard City Hall, 13125 SW
Hall, P.O. Box 23397, Tigard, Oregon 97223.
9. Appeal: Any party to the decision may appeal this decision in
accordance with 13.32.290(A) and Section 18.32.370 which provides that
a written appeal may be filed within 10 days after notice is given and
sent.
The deadline for filing of an appeal is February 21, 1989-
10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639-4171.
r
CITY OF TIGARD PLANNING COMMISSION
FINAL ORDER NO. 89 - 02 PC
APPROVES AN APPLICATION FOR A MINOR LAND PARTITION, SITE DEVELOPMENT REVIEW,
AND VARIANCE (MLP 88-16, SDR 88-25, V 88-39) REQUESTED BY BURT GRABHORN
(CENTRON).
The Tigard Planning Commission reviewed the above application at a public
hearing on January 24, 1989. The Commission based its decision on the facts,
findings, and conclusions noted below.
A. FACTS
1. General Information
CASE: Minor Land Partition (MLP 88-25), Site Development Review (SDR
88-2S) and, Variance (V 88-39)
REQUEST: To construct a 266 unit apartment complex on a 17.83 acre site.
The complex will be located on both sides of Summer Creek. A
minor land partition approval will divide the 35.39 acre parcel
into two parcels of 17.83 and 17.56 acres. Also, to vary the
Code building setback along the eastern property line to 20 feet
where 30 feet is required. Zone Designation: R-25 (multi-
family, 25 units/acre).
COMPREHENSIVE PLAN DESIGNATION: Medium High Density Residential
ZONING DESIGNATION: R-25 (Multi-family, 25 units/acre)
APPLICANT: Centron of Oregon Corp. OWNER:
11080 SW Allen Blvd.
Beaverton, OR 97005
LOCATION: East of 135th Avenue, south of Scholls Ferry Road,
spanning Summercreek (WCTM 1S1 33DB TAX LOT 300)
2. Backaround Information
The property was annexed into the City of Tigard in 1987. The
property was also involved in a local improvement district to improve
135th Avenue. This property is subject to assessments as are other
properties in the area for this street project. No other land use
applications have been reviewed by the City relating to this property.
The Planning Division approved the above application on December 22, 1988
subject to conditions. The applicant appealed this decision because of
objections to several of the conditions. Also, the applicant amended the
FINAL ORDER 89-02PC - GRABHORN - SDR 88-25/MLP 88-16/V 88-39 PAGE 1
application before the Commission to include a building setback variance
i~
request.
3. Vicinity Information
Scholls Ferry Road and the City of Beaverton lie north of the subject
property. A church, a small acreage home site, and the Summerlake
development are to the northeast and these properties are zoned R-7 (PD)
(Residential, 12 units/acre, Planned Development). An approved preliminary
plat for Brittany Square IV has been approved for the property immediately
to the southeast which is zoned R-12 (PD) (Residential, 12 units/acre,
Planned Development). Immediately, to the south are earlier phases of
Brittany Square subdivision and this area is also zoned R-12 (PD).
Immediately west is 135th Avenue and beyond are the number of:developed and
undeveloped parcels that are zoned R-25.
4. Site Information and Proposal Description
Summer Creek runs in an east-west direction through the southern portion of
the property and a 100-year flood plain as well as a wetland and wildlife
habitat area have been identified on both sides of the creek. The area to
the south of the 100-year flood plain is wooded and the area to the north
has been in agriculture use. There are no structures present on the
property.
The applicant is first proposing to divide the property into two parcels of
17.83 and 17.56 acres. The southern 17.83 acre site will include the 266
unit apartment complex. The remaining 17.56 acres are located closest to '
Scholls Ferry Road and are intended to be retained for future development.
The Site Development Review application applies to the 266 unit apartment
complex which consists of a combination of 1, 2, and 3 bedroom units. This
development is divided into two sections with 96 units proposed on the
south side of Summer Creek and 170 units on the northern side.. Each half
was originally intended to have one separate access onto 135th Avenue. A
common activity center building and swimming pool are also proposed on the
northern portion of the development. In addition, a day care facility is
shown in this northern section next to 135th Avenue. This day care has
received a separate conditional Use approval from the Hearings Officer on
January 5, 1989 (Case No. CU 88-11).
At the public hearing before the Planning Commission, the applicant
presented a revised site plan for the northern section of the apartment
complex which included two driveway entrances onto 135th Avenue. The
northern driveway heads east between the two parcels proposed in the
partition. Two additional entrances are to be provided for the northern
portion of the project and the day care facility from this driveway. The
applicant also indicated that this driveway could be extended in the future
to 130th Avenue and be made available for access to all abutting
development in lieu of a local public street.
FINAL ORDER 89-02PC - GRABHORN - SDR 88-25/MLP 88-16/V 88-39 PAGE 2
I
S. Agency and NPO Comments
The Engineering Division has the following comments:
a. The submitted site plan shows a proposed apartment complex consisting
of 96 units on the south side of Summer Creek and 170 units with the
administration and recreational facilities on the north side of Summer
Creek. each with one access to 135th Avenue. Also proposed, as a
separate application, is a day care facility at the northwest corner
of the site with a separate access to 135th Avenue.
The proposed development is located on the southern portion of a
large parcel which is bordered by Scholls Ferry Road to. the north and
130th Avenue to the east. This application proposes to partition the
apartment complex site from the larger parcel.
b. 135th Avenue is a City minor collector street and is currently being
fully improved by a Local Improvement District. The improvements to
135th Avenue required realignment of 135th Avenue to the east at
Scholls Ferry Road, requiring additional right-of-way dedication from
this parcel.
C. The City's Comprehensive Plan Transportation Map has identified the
need to extend 130th Avenue from Scholls Ferry Road to Winterlake
Drive. The portion from Scholls Ferry Road to Hawks Beard Street is
adjacent to this parcel. 130th Avenue is designated to be a minor
collector street requiring a 60-foot right-of-way width, 40 feet of
pavement width, with the associated improvements. Right-of-way
dedication for 130th Avenue is necessary to provide for the
construction of 130th Avenue. The construction of 130th Avenue will
be required with the development of the adjacent properties.
In addition to the extension of 130th Avenue to provide the necessary
collector street network, City staff has identified a need for and
east-west road from 135th Avenue to 130th Avenue.
d. Scholls Ferry Road is a state major arterial roadway. Improvements to
Scholls Ferry Road are currently being designed in conjunction with
the Washington County Major Streets Transportation Improvement
Program. Right-of-way for these improvements is required to be 55
feet from the centerline. Current right-of-way is 30 feet from the
centerline.
e. The Community Development Code Section 18.108.070 requires that for
apartment complexes with 50-100 units, two 24-foot wide driveways be
provided with curbs and sidewalk. For the 170-unit complex, three
driveways are required. One driveway has been proposed for each
complex.
The width of the southern apartment complex limits the ability to
have more than one access, therefore one access should be allowed,
FINAL ORDER 89-02PC - GRABHORN - SDR 88-25/MLP 88-16/V 88-39 PAGE 3
provided the single access is modified to provide and increased
capacity.
f. The narrative submitted with the application indicated that the
roadways and parking areas within the complex are to be paved with 2
inches of class B asphaltic concrete over 2 inches of crushed rock
base. This total thickness is inadequate. The parking areas and low
volume roadways require a minimum of 2 1/2 inches of a class C
asphaltic concrete over 8 inches of baserock.
g. 133rd Avenue, a City local street, is stubbed up to the south property
line of the site from a residential subdivision. Typically, access
from a high density to low density development is not allowed.
Therefore, access to 133rd Avenue from the apartment site will not be
pursued as is shown in the submitted site plan. A breakaway type
barricade at the end of the existing 133rd Avenue may be required to
allow access to the apartment complex for emergency vehicles.
h. The apartment complex straddles Summer Creek, therefore storm
drainage discharge is available. The 100-year flood plain is defined
to be below the elevation of 175 feet at 135th Avenue.
X. A USA trunk sanitary sewer line exists along Summer Creek and the
apartment complex proposes to connect into this line.
Building Inspection Division, Tigard Water District, PGE, and General
Telephone all have no objections to the proposal..
Washington County Fire District No. 1 has the following comments:
a. There should be an intertie to 133rd Avenue to allow for an emergency
access from the south.
b. There are a number of areas within the development where turning
radii are deficient. A minimum outside turning radius of 45 feet and
an inside radius of 24 feet should be provided in all locations.
C. Buildings K, P, and M all exceed the 150 foot access requirement to
all portions of the first floor of the structures. This situation
can be addressed by relocating the buildings or providing automatic
sprinkler protection to these buildings.
d. Hydrants shall be located so that no portion of the first floor of a
non-sprinklered building is further than 250 feet from a hydrant. If
buildings are equipped with automatic sprinklers, then distances may
be extended to 500 feet. The hydrant locations on the plans should be
revised and resubmitted for approval.
e. Approximate available fire flow in the area is 2,780 gallons per
minute. Required fire flow for any hydrant shall not exceed this
amount. As these plans do not show the number of stories, aggregate
FINAL ORDER 89-02PC - GRABBORN - SDR 88-25/MLP 88-16/V 88-39 PAGE 4~
square footage between fire walls and type of construction, the plans
examiner was unable to determine the required flow.
f. Prior to consideration of this case by the Commission, the District
submitted a letter in support of a local street between 130th and
135th Avenue.
NW Natural Gas Company comments that the applicant should be sure to
complete a set of construction drawings including an underground utility
plan is provided as soon as possible.
The City Park Board comments that, a right-of-way for a public bikepath
between 130th and 135th Avenue should be retained through the Summer Creek
drainageway.
The Beaverton School District comments that it would anticipate 37 school
age students from the proposed development and that these students can be
accommodated at either McKay Elementary, Whitford Intermediate School, or
i
Beaverton High School.
A letter was received signed by Terry Wasco representing the homeowners
south of the subject property and Stephen J. Malsam representing the
developer (Centron of Oregon) agreeing to the following conditions with
regard to the proposed apartment complex.
a. The garages indicated on the site plan on the southern portion of the
parking area will be built as approved by the City of Tigard.
b. All natural vegetation, deciduous and fir trees will remain in a 30
foot buffer. The homeowners do realize that some trees will have to
be removed for compliance with City Code regarding grading.
C. Screening structure of a minimum of 5 feet will be attached to all
carport facilities to protect the adjoining households from
automobile headlights.
d. Asphalt speed bumps will be placed on the southern portion of the
parking area.
No other comments have been received.
B. FINDINGS AND CONCLUSIONS:
This application essentially contains four parts; the Minor Land
Partition, the Site Development Review, the access Variance, and the r
t
setback Variance.
F
i
1. Minor Land Partition
i
FINAL ORDER 89-02PC - GRABHORN - SDR 88-25/MLP 88-16/V 88-39 PAGE 5
i
Section 18.162.030 of the Community Development Code contains several
criteria which must be satisfied in order to approve a Minor Land t
Partition. These criteria require that the proposal conform with the
City's Comprehensive Plan and implementing ordinances, public
facilities and services are available to the site, the proposed lots
conform with the size and dimensional requirements of the Code, and
all proposed improvements will meet City and applicable agency
standards. The Commission finds that this proposal is consistent with
these criteria subject to the conditions listed in Section C below.
It is the applicant's contention that the right-of-way dedication
requirements along the Scholls Ferry Road and 130th Avenue frontage is
inappropriate and premature. However, the Commission finds that such
a requirement is called for by the Code in Sections.18.26.030 and
18.164.030. Section 18.26.030 defines "development" to include
"...dividing land into two or more parcels, including partitions
and Section 18.164.030 requires that additional right-of-way be
dedicated on abutting streets in accordance with an "approved street
plan".
Scholls Ferry Road is designated as an arterial street and 130th
Avenue as a minor collector street on the City's Transportation Map
which is adopted as part of the Tigard Comprehensive Plan. Code
Section 18.164.030(e) requires a minimum right-of-way width for
arterials of 60-90 feet and 60 feet for minor collectors. Also, the
improvements scheduled for Scholls Ferry Road were approved by the
voters as part of the Washington County Major Streets Transportation
Improvement Program. The design of these improvements, including the
110 foot wide right-of-way, have been reviewed in public meetings "
through the environmental hearing process sponsored by the State
Highway Division.
2. Site Development Review
The proposed apartment complex to be located on the southern parcel
is consistent with City standards and the Community Development Code
relating to allowable density (266 units proposed, 366 units
permitted), building height, lot coverage, and vision clearance.
Additional discussion is warranted pertaining to parking, the wetland
and wildlife habitat area, the public pedestrian pathway, landscaping,
the written agreement between the developer and the homeowners, vision
clearance, as well as Plan policies 3.4.2, 3.5.3, 3.5.4, and 8.1.1.
a. Parking
The site development plan proposes a total of 447 parking spaces and
the CDC requires that 443 be provided. Also, of the required parking
spaces, 266 should be covered. This number of carports is proposed.
The only deficiency relative to parking is the lack of any provisions
for handicapped parking spaces. One such space must be provided for
every 50 required parking spaces. This would result in the need to
incorporate 9 handicapped parking spaces as part of the 447 spaces.
FINAL ORDER 89-02PC - GRABUORN - SDR 88-25/14LP 88-16/V 88-39 PAGE 6
It is suggested that these spaces be concentrated near the common
activity areas such as the swimming pool.
b. Wetland and Wildlife Habitat Area
The wetland and wildlife habitat area has been identified in the
Comprehensive Plan and specific boundaries have been determined by a
wildlife biologist which are shown on the site plan. With some
exceptions shown in the grading plan, no development or earth moving
is proposed in this area. Comprehensive Plan Policy 3.4.2 requires
that no development take place within a wetland. In addition, because
of the open space element of, the Plan, which is reflected in Plan
Policy 3.5.3, this area is to be dedicated to the public for yreenway
purposes. The grading plan should be amended so that no grading takes
place within this identified wetland/flood plain area.
The applicant indicated a desire to retain ownership of the 100 year
wetland/flood plain area. The Commission finds this request to be
inconsistent with Plan Policy 3.5.3 and also, separate, private
ownership of this area would create four individual parcels that
necessitates a subdivision rather than a partition approval.
C. Pedestrian Pathway
The applicant has shown a public pedestrian bikepath along the
northern edge of the wetland area extending from the eastern boundary
to 135th Avenue. This pathway is called for in the Comprehensive Plan
by Policies 3.5.3 and 3.5.4. Because this facility is an open space
amenity and the amount of fill required to install the path is
negligible, a Sensitive Lands permit is not required. In addition,
the consulting biologist for the applicant has indicated that a corps
of Engineers permit is also not required. The need for any possible
permits through the Corps of Engineers of Division.of State Lands
shall be verified by the staff. The plans submitted by the applicant
do not indicate any connections between the 8 foot side public path
and any of the sidewalks within the development. The Commission
recommends that several connections be provided to allow for adequate
access to the public pathway from the northern portion of the
development.
d. Landscaping and Buffering
The proposed landscaping plan conforms with Code requirements for
minimum amounts of landscaped area, street trees, trees within
parking areas, and buffering along property boundaries. The success
of this plan will depend primarily upon the ability to preserve the
existing fir trees on the south part of the property. The proposed
landscaping plan indicates that the trees along the southern boundary
of the property will be preserved between the property line and the
proposed buildings and parking areas. In order to ensure that the
maximum number of existing fir trees can be preserved, an arborist's
FINAL ORDER 89-02PC - GRABHORN - SDR 88-25/NLP 88-16/V 88-39 PAGE 7
report should be presented as part of the final landscaping plan for
staff approval. This report should indicate the methods to be used to
preserve the trees and to ensure their survival during and after
construction. After it is determined which trees can be preserved,
they should be protected at a minimum by fences during the
construction phases and the arborist should be available to make
periodic inspections of the site during construction. In order to
meet the agreement between the developer and the homeowners to the
south, the landscaping plan should include preservation of all natural
vegetation and deciduous and fir trees within 30 feet of the southern
property line.
e. Homeowner/Developer Agreement
The letter of agreement noted above between the homeowners of
Brittany Square II and Centron of Oregon indicated four conditions
that should be met by the developer during the construction of the
project. Of the four, three are items that can be required by the
City. Those include construction of the garages or carports as
indicated in the site plan, preservation of natural vegetation within
30 feet of the southern property line, and provision of a structural
screen that is a minimum of 5 feet to be mounted on all carports to
protect households from automobile headlights. The one item that
cannot be required through City Codes is provision of asphalt speed
bumps. The enforcement of this condition will rest between the
homeowners and the developer. _
f.
f. Vision Clearance `
The proposed landscaping plan does interfere with vision clearance at
driveway intersections. The Community Development Code states that
areas within a 30 foot triangular area on either side of the driveway
exists must not have obstructions that are over 3 feet in height. The
landscaping plan indicates that there will be a number of evergreen
trees and shrubs that would be over this height and would be within
the 30 foot triangle. The plan should be amended so that vision
clearance requirements can be satisfied.
3. Access Variance and Traffic Circulation
Section 18.108.070 of the Community Development Code requires that the
southern portion of the development have two driveway accesses and
that the northern portion of the development have three access points.
The proposal shows one access for the southern segment and two
driveways for the northern half. Section 18.108.150 contains variance
criteria through which the Planning Commission can grant variances to
the access requirements of this Chapter.
The southern half of the project has limited frontage along 135th
Avenue and the establishment of two driveways with sufficient spacing
between each would be extremely difficult if not impossible. 133rd
Avenue terminates at the south end of the property boundary but due to
FINAL ORDER 89-02PC - GRABHORN - SDR 88-25/MLP 88-15/V 88-39 PAGE 8
r
the single family development that exists to the south, opening this
access would be inappropriate. In order to meet the desires of the
Washington County Fire District, conditions of approval will include
that an emergency only access of approximately 12 feet in width be
provided from the terminus of 135th Avenue into the project. This
access should be located in a manner that preserves the maximum number
of trees. Because of the limited amount of frontage on 135th Avenue
and the provision of an emergency access, the variance to access for
the south part of the project appears to be justified. This driveway
will be across 135th Avenue from another apartment complex driveway.
The driveway for this project should either be directly opposite from
the existing driveway or have a sufficient offset so as not to pose a
traffic hazard for vehicles entering or exiting either site.
The northern portion of the apartment development is intended to be
served by two driveways onto 135th Avenue as shown on the amended site
plan. When reviewing the proposed access for the northern portion of
this development, it is important to also consider the development
potential and future access for other abutting properties, mainly the
17.56 acre parcel to the north of the apartment project as well as the
property zoned R-12 (PD) which lies immediately to the east. In
evaluating the access situation for these properties, Comprehensive
Plan Policy 8.1.1. applies:
The City shall plan for a safe and efficient roadway systems
that meets current needs and anticipated future growth and
development.
In addition to the 170 units proposed to the northern portion of this
project, the remaining parcel which is subject of the proposed
partition has a development potential of approximately 435 residences
and the adjacent eastern parcel zoned R-12 (PD) has a potential for 90
residential units in the area north of Summer Creek. When this
project is viewed in conjunction with the development potential of
these abutting parcels (the number of required access drives will vary
depending upon the method in which these properties are developed), it
is clear that a minimum of 10 driveways access points would be
required in order to meet Section 18.108.070 of the CDC. In addition,
18.108.060(B) discourages direct access to arterial and collector
streets.
This raises the question as to how driveway access will be provided
for this project as well as the abutting properties when they develop.
Street access is presently available on 135th Avenue, Scholls Ferry
Road, and in the future on 130th Avenue. Although there is a
considerable amount of frontage, access is limited in the following
manner:
a. Scholls Ferry Road is under the State Highway jurisdiction and
the Division has a policy of discouraging the creation of new
driveways onto this road. Although an individual driveway access
FINAL ORDER 89-02PC - GPUMMORN - SDR 88-25/MLP 88-16/V 88-39 PAIGE 9
would be possible, it is not likely and it will not be permitted
if other options are available.
b. 135th Avenue will have limited access within 350 feet of the
Scholls Ferry Road intersection in order to provide for turn
lanes and safe traffic flow as drivers approach the intersection.
Driveways within 350 feet of this intersection will create
unwanted turning movements.
C. 130th Avenue has not been built but it also is designated as a
minor collector in the City's Comprehensive Plan. As a result,
the same limitations that-apply to 135th will be present on 130th
as it is developed. Because of the functional classifications of
Scholls Ferry Road, 135th Avenue, and 130th Avenue and the
distances between street intersections, it appears that the
maximum number of driveways which could be allowed for this
development plus the abutting properties mentioned would total
approximately 5 or 6.
The creation of an east-west local street, as recommended by
staff, would enhance traffic circulation within the neighborhood
and allow for improved access to Summerlake Park which lies to
the east. The adopted park plan calls for improvements to
Summerlake Park as a community park, with vehicular access
primarily from 130th Avenue/Winterlake Drive. The park will be a
traffic generator, attracting traffic from the residential areas
along 135th Avenue. Currently, Brittany Drive is the only direct
connection between 135th and 130th. Brittany Drive is a local
street through a single-family residential area. Therefore, it
is desirable to have an alternative connection to serve the
multi-family residential area south of Scholls Ferry Road.
The commission agrees with the staff's conclusion that vehicular
access should be established between 130th and 135th Avenue- for
the purpose of improved neighborhood traffic circulation and
emergency access. The Commission does not conclude that a local
public street is necessary to furnish this link between 130th and
135 Avenue. The proposed driveway on the north side of the
apartment complex will provide sufficient access if it extends
between the two streets and is shared by all abutting properties.
It envisioned that the common driveway will be partially
constructed in conjunction with this project and completed along
with subsequent development to the east.
4. Setback Variance
All the applicable setbacks for this proposal are consistent with Code
requirements with the exception of the proposed 20 foot setback north
of Summer Creek along the eastern boundary of the property. Section
18.56.050 of the Community Development Code (CDC) requires a 30 foot
building setback when an apartment complex of this type abuts a more
restrictive zoning district. Since the R-12 zone abuts the subjects
FINAL ORDER 89-02PC - GRABHORN - SDR 88-25/MLP 88-16/V 88-39 PAGE 10
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property on the east and south, a 30 foot setback is required along
those property boundaries.
The applicant has requested that a setback of 20 feet be allowed from
the eastern property line that is north of Summer Creek, while i
retaining the required 30 foot setback along the remaining eastern
boundary. The affected property owner testified that he had no
objection to this request.
The previous Planned Development approval (PD 88-01) for the abutting
eastern property included an 11 lot single family residential
subdivision south of the Summer Creek flood plain and a future multi-
family development of approximately 90 units north of the flood plain.
Because of the similarities between this future project and the
development proposed in this application, the additional 10 of setback
area is not necessary north of the flood plain. The primary purpose
of the 30 foot setback is to provide adequate separation between
single family and multi-family residences. This purpose will be met
by maintaining a 30 foot setback from the south and southeast property
boundaries.
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C. DECISION tt!
' Based upon the discussion above Planning Commission approves MLP 88-16
subject to the following conditions which shall be met prior to recording j
the minor land partition with Washington County.
1. The legal description and survey maps shall be submitted for City
approval. STAFF CONTACT: Jon Feigion, Phone 639-4171.
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2. Additional right-of-way shall be dedicated to the Public along the
135th Avenue frontage as shown in the 135th Avenue LID construction
plans prepared by Robert E. Meyer Consultants, Inc. The dedication
document shall be on City forms and approved by the Engineer Division.
Dedication forms and instructions are available from the Engineering '
Division. STAFF CONTACT: Jon Feigion. j
3. The applicant shall develop a method acceptable to the City for
dividing the assessment from the 135th Avenue LID between the
individual lots. STAFF CONTACT: Gary Alfson, Phone 639-4171.
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4. Additional right-of-way shall be deeded to the State along the Schools j
Ferry Road frontage to increase the right-of-way to 55 feet from the
centerline. The description shall be tied to the existing right-of-
way centerline. STAFF CONTACT: Jon Feigion.
5. Right-of-way shall be dedicated to the public along the 130th Avenue
frontage to increase the right-of-way to 30 feet from the west
property line of parcels 1Sl 33RD, 2100 and 2200. 60 feet of right-
of-way shall be dedicated along the existing residential development
FINAL ORDER 89-02PC - GRABHORN - SDR 88-25/MLP 88-16/V 88-39 PAGE 11
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north of Hawks Beard Street. A reversing centerline curve with a
minimum radius of 165 feet shall be used to transition the 30 feet
from centerline to centerline. The description shall be tied to the
existing right-of-way centerline. The dedication document shall be on
city forms and approved by the Engineering Division. Dedication forms
and instructions are available from the Engineering Division. STAFF
CONTACT: Jon Feigion.
Based upon the discussion above, the Planning Commission approves SDR 88-25
and V 88-39 subject to the following conditions. The following conditions
shall be satisfied prior to issuance of building permits.
1. The southern apartment complex access shall be improved to provide
increased capacity since only one access is to be used instead of the
two required. Improvements shall consist of widening the access at
135th Avenue to 28 feet, curb to curb, and constructing 20-foot radius
curb returns on either side of the access. The apron shall be
lengthened to decrease the slope from the gutter to the right-of-way
line. STAFF CONTACT: Gary Alfson, Phone 639-4171.
2. The area below the 100 year flood plain elevation shall be dedicated
as greenway - open space to the City. A monumented boundary survey
showing all new title lines, prepared by a registered professional
land surveyor, shall be submitted to the City (Authority: Tigard
Municipal Code, Chapter 18.90) prior to issuance of a building permit.
STAFF CONTACT: Jon Feigion.
3. A permit or evidence demonstrating compliance with State, Federal, and
local environmental regulations shall be obtained by the applicant and
a copy shall be provided to the City (Authority: Tigard Municipal
Code, Chapter 18.90) prior to issuance of a building permit. STAFF
CONTACT: Keith Liden, Phone 639-4171.
4. The applicant shall provide for roof and parking lot rain drainage to
the public stormwater drainage system or by an on-site system designed
to prevent runoff onto the adjacent property. STAFF CONTACT: Brad
Roast, Phone 639-4171.
5. The applicant shall obtain written approval from Unified Sewerage
Agency of Washington County to connect to the sanitary sewer trunk
line prior to issuance of Public Improvement Permit. STAFF CONTACT:
Gary Alfson.
6. Seven (7) sets of plan and profile public improvement construction
plans and one (1) itemized construction cost estimate, stamped by a
Register Professional Civil Engineer, detailing all proposed public
improvements shall be submitted to the Engineering Division for
approval. Two (2) sets of plan and profile plans shall be submitted
for preliminary review prior to submittal of final plans. STAFF
CONTACT: Gary Alfson.
FINAL ORDER 89-02PC - GRABHORN - SDR 88-25/MLP 88-16/V 88-39 PAGE 12
7. The proposed privately-operated and maintained parking lot and/or
roadway plan-profile and cross section details shall be provided as
part of the public improvement plans. STAFF CONTACT: Gary Alfson.
8. Street centerline monumentation shall be provided as follows:
a) Centerline Monumentation
1) In accordance with Oregon Revised Statutes 92.060,
subsection (2), the centerline of all street and roadway
rights-of-way shall be monumented before the City accepts a
street improvement.
2) The following centerline monuments shall be set:
A) All centerline-centerline intersection points.
B) All cul-de-sac center points. j
C) Curve points, beginning and ending points (P.C.'s and
P. T.'s).
b) Monument Boxes Required
1) Monument boxes conforming to City standards will be required j
around all centerline intersection points and cul-de-sac
center points. 1
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2) The tops of all monument boxes will be set to finished
pavement grade. STAFF CONTACT: Jon Feigion.
9. The proposed paved pedestrian bike path along the north side of the '
wetland shall be installed with a minimum width of 8 feet and shall be
constructed to City standards. Plans for this path shall be submitted
prior to building permits. The City of Tigard shall obtain the
necessary permits from the Division of State Lands and the U. S. Army
Corps of Engineers.
10. The revised landscaping plan shall be submitted which is consistent
with visual clearance and buffering requirements in Chapter 18.100
and 18.102 of the Community Development Code. STAFF CONTACT: Keith
Liden.
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11. An arborist's report shall be submitted which outlines which trees
are to be preserved and the methods of which they will be protected
during and after construction. Staff recommends that this be
accomplished with a field visit involving the developer, a staff t
member, and the arborist to adequately identify the trees. STAFF
CONTACT: Keith Liden.
12. Fencing with'a minimum height of 8 feet shall be installed around the
drip line of all trees proposed for retention prior to any
FINAL ORDER 89-02PC - GRABHORN - SDR 68-25/MLP 88-16/V 88-39 PAGE 13
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construction on the site. The fencing shall be inspected and approved
by the consulting arborist and the Planning Division prior to permit `A
issuance. Any later land clearing work within the drip line shall be
performed by hand. A qualified arborist shall inspect the site at a
minimum of one time per week during construction to ensure that the
tree preservation program outlined in the above-mentioned arborist's
report is being followed. STAFF CONTACT: Keith Liden.
13. Tree removal permit shall be obtained prior to any tree removal on
the site. Removal permits will not be issued for trees designated for
protection in the approved arborist's report unless sufficient cause
is verified by the consulting arborist. STAFF CONTACT: Keith Liden.
14. A revised site plan shall be submitted for Planning Director's
approval which includes the following items:
a. Location of an conceptual east-west private street in the
vicinity of the northern boundary of the proposed project.
b. Nine handicapped spaces within the development.
C. Turn radii and access requirements shall be revised to satisfy
Washington County Fire District standards.
d. A 30 foot building setback shall be provided along the eastern
boundary of the property south of the Summer Creek flood plain.
A minimum of a 20 foot building setback shall be provided along
the eastern property line to the north of the Summer reek flood
plain.
e. There shall be no encroachment within the identified wetland area
for either fill or construction with the exeption of path noted
In Condition 9. above. STAFF CONTACT: Keith Liden.
15. The applicant shall comply with the letter of agreement dated November
29, 1988, between Centron of Oregon and Brittany Square II with the
exception of item number 4 contained in that letter. Number 4 is not
enforceable by the City. STAFF CONTACT: Keith Liden.
Prior to an issuance of an occupancy permit for any new buildings on the site,
the following conditions shall be met to the satisfaction of the Planning
Division. STAFF CONTACT: Keith Liden.
16. All landscaping materials, permanent fencing, and other proposed site
improvements shall be installed as per the approved landscaping and
site plans.
17. A sign permit shall be obtained prior to the erection of an
identification sign. Sign location and size must be in accordance
with provisions of Section 18.114 of the Coamunity Development Code.
STAFF CONTACT: Michael Mattucci, phone: 639-4171.
FINAL ORDER 89-02PC - GRABHORN - SDR 88-25/MLP 88-16/V 88-39 PAGE 14 s
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THIS APPROVAL SHALL BE VALID IF EXERCISED WITHIN ONE YEAR OF THE FINAL APPROVAL
DATE.
It is further ordered that the applicant be notified of the entry of this final
order.
PASSED: This day of February, 1989, by the Pla a g Commission of the
City of Tigard.
o' a Vice President
Tig arming Commission
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FINAL ORDER 89-02PC - GRABHORN - SOR 88-25/HLP 88-16/V 88-39 PAGE 15 i
Steve Maioam, Vice President Chevron U , operty Tax D=
Centron of Oregon Corporation PO Box 7
11080 SW Allen Blvd. S-300 an F cis o, CA 94120 ;
Beaverton, or 97005 G '
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;._chard Waker
11080 SW'Allen Blvd. S-100
Beaverton, OR 97005
David Oringdolph
Century 21 Properties
7140 SW Hazel Fern
Tualatin, OR 97062
Steve Scott
11640 SW 135th
Tigard, Or 97223
Teri Wasco
Homeowner Representative
11591 SW 134th-Place
Tigard, Or 97223
Phil Mc rdy, chitect
8040 NS Sandy lvd.
Portland Or 97213
Wilbur Ras seen
11747 SW P ific Highway
Tigard, O 97223
Chevron SA, , c.
PO Box 2-
Seattl , Washin on 98111
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF': February 27, 1989 DATE SUBMITTED: February .34., 1989
ISSUE/AGENDA TITLE: REVIOUS ACTION:
Keys to the City
_ PREPARED BY: Donna Corbet
DEPT HEAD OK \ CITY ADMIN OK REQUESTED BY: Mayor and Council
POL Y ISSUE
Keys to the City are presented to citizens who have served on a board or
committee in recognition of their service to the City of Tigard.
INFORMATION SUMMARY
The following citizens are being recognized for their service on a board or
committee:
Jolynn Ash 3/87-1/89 City Center Plan Task Force
(o
Ormond Doty 39/88-1/89 Economic Development Committee
Joe Kasten 2/88-12/88 Transportation Advisory Committee
Russell Krueger 6/84-1/89 Neighborhood Planning Organization #7
Rick McMahon 1975-1/89 Neighborhood Planning Organization 04
William Monahan 2/88-1/89 City Center Plan Task Force
Joyce Patton 12/86-•1/89 Budget Committee
'-~ALTERNATIVES CONSIDERED
N/A
FISCAL IMPACT
N/A
SUGGESTED ACTION
Presentation of "Keys" by Mayor.
do/9010D
CITY OF TIGARD OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: February 29, 1969 DATE SUBMITTED- February 17, 1969
ISSUE/AGENDA TITLE: PREVIOUS ACTION:
Board and Committee Appointment r
i PREPARED BY: Donna Corbet
DEPT HEAD OK CITY ADMIN OK` 'i i' REQUESTED BY: Mayor Edwards
CICY ISSUE
Board and Committee Appointment.
INFORMATION SUMMARY
A recent Budget Committee resignation has prompted the immediate replacement
of that individual due to the short time line when Budget Committee starts its
deliberations on the FY 1969--90 budget.
We recruited individuals interested in appointment to the Budget Committee.
Among those responding was Gerry McReynolds, Chairman of the Utility and
Franchise Committee, who is also an accountant and understands the budgeting
and city processes. Mayor Edwards talked with Mr. McReynolds and is
recommending him for appointment to the vacant seat on the Budget Committee.
That term expires 6/30/69.
ALTERNATIVES CONSIDERED
1. Appoint Mr. McReynolds to complete the vacant term on the Budget
Committee.
2. Wait until an Appointments Advisory Committee interview process can be
held.
FISCAL IMPACT
N/A
3
SUGGESTED ACTION
Alternative #1: Appoint Gerry McReynolds to the vacant Budget Committee
position that expires June 30, 1969.
do/9105D
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PACIFIC TAX SERVICE
11505-C S.W. Pacific Highway
P.O. Box 23877
Tigard, Or 97223-0877
(503) 2454551
February 3, 1989
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Donna Corbet
City of Tigard
P.O. Box 23397
Tigard, OR 97223
Dear Donna:
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Thank you for the updated roster (blue pages). I notice the Budget
Committee has a vacancy. I am interested in serving on the
committee. Would send the necessary paper work to place my name
in consideration.
I am also interested in the activity of the Economic Development
Committee. Would you include my name on the mailing list.
Yours truly,
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Gerry McReynolds
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CITYOF T117ARD CITIZEN COMMITTEE INTEREST APPLICATION (•T~ S7 S
NAME: ~.Vll. <~~22Y 1 I 6l- (r4o L,05 / 97aa~ATE:
3 3GV V ~.a If
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ADDRESS (RES.) : ~ XT AI f-' RES. PHONE: ~pZO •2 Z}
ADDRESS (BUS.): 11: QaC. W PAr-i rtc. &y • fb9o)c=g71 Tr-"C COQ BUS. PHONE: 243' 7SS 1
13".uwwVs C177,L3
LENGTH OIF RESIDENCEnIN TIGARD: `i2S SUGGESTED BY:
1t4satj&s5
WHERE DID YOU^LIVE PREVIOUSLY? O2dPrR.gtAe LL1/D
EDUCATIONAL BACKGROUND: PoR•TL*"p !~,-C•r3Tc (,(AllyF31L4t:X
OCCUPATIONAL STATUS AND BACKGROUND: Acc&.kNiaeIT Z/alwr &"40 (Qw"W4
OOK PACA14C 'r ~c S~cUtG~ t.w Ttgc~..,d~ Glu~ C3~RmL~L -'t.~.~, w. Tccicc~
HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? y(Ls
IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)?
C,PREVIOUS COMMUNITY ACTIVITY:
ORGANIZATIONS AND OFFICES: ~Trk2_T e{y -rircr&,, 1. kIrA.rM(W YL QN9
OTHER INFORMATION (GENERAL REMARKS): ALojP-'4lu W ~
IiOARDS, COMMITTEES OR NPO INTERESTED IN:
Date Received-at City Hall / p Dace Interviewed
Dare Appointed / Board, Cotnmi(t.ee, or N110
Inside City c?:jts:dV l;:tv
(0346p)
• CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY -Local Contract Review Board
AGENDA OF: February 27, 1989 DATE SUBMITTED: February 17,1989
ISSUE/AGENDA TITLE: Authorize PREVIOUS ACTION:
Contract for En ineerin services
on Bonita Road ect PREPARED BY: Randall R. Woole
DEPT. HEAD O TY ADMIN O REQUESTED BY;
ISSUE
Shall the Local Contract Review Board authorize signing of a contract for
engineering services on the Bonita Road project?
INFORMATION SUMMARY
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A contract for engineering services has been negotiated for the first phase of
the Bonita Road project scheduled for 1989 construction. The contract Covers
geotechnical investigation, design, construction inspection, and surveying
services. The consultant was selected from a pool of over 30 consultants who
responded to our request for statements of qualifications for engineering (
services for street projects. f:
Attached is a contract with Century West Engineering. This contract is for the
work on Bonita Road near Hall Boulevard, where slope stabilization is required.
the consultant will also be designing the portion of the road improvements near
Hall Boulevard to assure good coordination of design for road widening and
slope stabilization.
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The contract uses the standard City consultant contract form.;
ALTERNATIVES CONSIDERED r
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1. Authorize execution of the attached contract.
2. Require modification of the contract.
3. Have the work done by in-house staff as time permits.
FISCAL IMPACT
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Payment is on an hourly basis for actual services needed with a specified upper
limit. The upper limit is within the amount budgeted for engineering services
on the project. All project costs will be paid by the Road Bond approved by
the voters in November.
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The upper limit on the contract is $67,174.
SUGGESTED ACTION
That the Local Contract Review Board, by motion, authorize the City
Administrator to sign the attached contract with Century West Engineering.
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MEMORANDUM
February 17, 1989
TO: Randy Wooley, City Engineer
FROM: Gary Alfson, Transportation Engineer
RE: Bonita Road Phase I Consultant Contra
Attached is the contract for Consultants Services for Century West Engineering
Corporation. Century West Engineering Corporation was 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 roadway improvements including geotechnical
engineering, street widening to full major collector standards from Hall
Boulevard to east of 83rd Court with storm drainage, curbs, sidewalks, and
associated-utility improvements. A center turn lane is to be designed for Hall
Boulevard. Also included is the necessary surveying tasks for right-of-way
acquisition, design, construction staking control and the engineering and
inspection tasks for contract administration, and construction management.
The contract amount is based on a not to exceed amount of $67,174.00, 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
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CITY OF TIGARD, OREGON
CONTRACT FOR ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this day of March, 1989, by and
between the City of Tigard, a municipal corporation, hereinafter referred to
as the "City", and Century West Engineering Corp. 2121 S.W. Broadway,
Portland, Oregon 97201, whose authorized representative is Mark Laswell, P.E.,
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 Bonita Road improvements, as part of the Tigard Major Streets
Traffic Safety Improvement bond, has been proposed to improve Bonita Road
between Hall Blvd. and east of 83rd Court; 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. 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.
1. As compensation for Basic Services as described in pages 1
through 11 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 based upon the "Fee
CONTRACT FOR ENGINEERING SERVICES - Page 1
Schedule" 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 sixty-seven
thousand, one hundred seventy-four and 00/100 dollars
(167,174).
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 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.
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 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 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
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. 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 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 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 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
br/8974D
CONTRACT FOR ENGINEERING SERVICES - Page 6
EXHIBIT I
Duty of Engineer
A. Basic Services:
The submitted proposal, dated February 16, 1989 and entitled "SW Bonita Road
Phase I", describes the responsibilities and duties of the Engineer and City
and is hereby made a part of this contract.
br/9100D
CONTRACT FOR ENGINEERING SERVICES - Page 7
CENTURY WEST ENGINEERING
February 16, 1989
AEye1Ycl~
F E B 16 1989
Mr. Gary Alfson, P.E. Commwxpq VMWPWd
Transportation Engineer
City of Tigard
P.O. Box 23397
Tigard, Oregon 97223
Re: Bonita Road, Phase I
Dear Gary:
We appreciate the opportunity to submit this proposal to provide
engineering services for the Bonita Road Phase I project. The work
will be done in our Portland, Oregon office and managed by Mr. Peter
Capell.
We intend to do all of the work in-house and do not anticipate any
subconsultants. A detailed Scope of Work and project schedule is
attached for your review. The work will be done on a time and
materials basis with an estimated maximum fee based upon the
attached Scope of Work and schedule of $67,174. A detailed
breakdown of the estimated fee and our current fee schedule is also
attached.
We look forward to working with you on the upcoming project.
Sincerely,
CENTURY WEST ENGINEERING CORPORATION
POIV, Wo,&~
Peter S. Capell, P.E.
PSC/pr
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Century West Engineering Corporation / Engineers and Scientists
2121 SW Broadway, Suite 300 / Portland, Oregon 97201 / (503) 224-9430 / Fax: (503) 299-6619
The City of Tigard,
Bonita Road, Phase I
SCOPE OF WORK
February 16, 1989
Preliminary Engineering
Upon execution of the contract, the project team will begin gathering and
reviewing all data pertinent to the project. This includes existing
mapping, as-built construction drawings, traffic counts, and talking with
City staff familiar with the 1984 slope construction.
Then the project team will do a "paper design" to layout alternative
horizontal and vertical designs. Upon completion of the data gathering
and "paper design" we will set up a preliminary design conference with
both City staff and MOT representatives to discuss the data collected,
the alternatives, and the field investigation work plan. We have found
that this allows us to plan our field surveying and geotechnical
investigation more efficiently and minimize the need to conduct additional
field investigations at a later stage in the project, thus saving both
time and money.
Field Surveying
The field survey will be conducted with a two-man survey crew utilizing an
electronic theodolite, EDM, and data collector to locate the existing
roadway, underground utilities (located and marked by the respective
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utility companies), trees and existing above ground features, at the
project site. Cross-section information will also be surveyed at 50-foot
intervals and centerline profile information will be gathered on Hall
Boulevard and Bonita Road, approximately 500 feet beyond the proposed
beginning and end of the project. This will assure that the new vertical
alignment will have a smooth transition into the existing vertical
alignment.
The data will be entered into the computer to create topographic base maps
for the construction drawings and centerline profiles.
The existing right-of-way research, location and documentation, will be
conducted at the same time as the topographic survey. Any current
existing right-of-way monuments will be included in the survey control
network used for the topographic survey and shown on the plans for the
upcoming construction.
Geotechnical Investigation
The geotechnical work will include the following items.
1. Research
a. Review any existing geotechnical information and
construction documents that the City may have which pertain
to the project area. This may include photos, memos,
records of fill hauled in, type of drainage installed in
1984, etc.
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b. Review existing utility plans (if available) to determine
depth of lines and how these utilities may affect the slope.
C. Walk site and slope areas in immediate vicinity of project
to observe for signs of slope problems, i.e., poor drainage,
leaning trees, ground water seeps, etc.
d. Based on a review of available information and site
reconnaissance, develop a field exploration program.
2. Field Investigation
a. Excavate at least four test pits. Test pits will be
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excavated with a small backhoe. The purpose of Test Pit No.
1, 2, and 3 will be to collect bulk samples for CBR analysis
and determine soil profile.
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The purpose of Test Pit No. 3 and 4 will be to determine the
soil profile in the unstable slope area. Test Pit No. 3
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will be in the unpaved area south of Bonita Road and Test
Pit No. 4 will be in the narrow bench (old fill area) just
north of the pavement edge.
Note: Test Pit No. 5 may not be needed, although the
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working area is quite narrow and it appeared that the 6
widening along the stretch in question would be six feet or
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less. l
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Excavating either a test pit or boring would involve
blocking a lane of traffic.
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b. Depending on the soil conditions uncovered by Test Pit No.
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4, a boring may be needed in this area. The boring would be
up to 30 feet deep to help determine:
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1. Potential slip surface.
2. Soil profile/moisture conditions.
3. Ground water table. f
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4. Undisturbed samples for lab testing.
The boring would be drilled as close to the edge of pavement
as possible and would be provided with a piezometer and
surface monument for protection. Flagmen and/or barricades
would be needed for a few hours while the boring is drilled.
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C. Two core samples of the existing asphalt in the areas of
Test Pit Nos. 2 and 3 will be extracted. The cores will be
analyzed quality
primarily for thickness and to assist in
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determining overlay requirements.
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d. Nuclear density/moisture tests will be made on the recent
fill placed in the area of Test Pit No. 4 to determine how
well the fill can support four to five feet of new fill and
how much settlement might occur.
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3. Laboratory Testing
a. Perform one set of CBRs to determine subgrade strength.
This will be needed for pavement design.
b. Conduct two gradation/Atterberg limit tests for soil
classification. Tests will help determine variability
and/or uniformity of soil.
C. Conduct 10-12 moisture content determinations on shallow and
underlying soils.
d. Conduct at least one three-point direct shear test to
determine cohesion and friction angle of slope area soils.
e. Conduct permeability test if it appears that ground water is
a problem and subsurface drainage should be considered.
4. Engineering, Analysis, and Report
a. Discussion of our review of available information, site
reconnaissance, and exploration findings.
b. Discussion of CBR results and recommendations for pavement
alternatives, and overlay requirements.
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C. Discussion of slope stability including estimate of future
settlement and recommendations for stabilization and/or
drainage improvements.
d. Miscellaneous construction recommendations.
Preliminary Design
Preliminary drawings, cross sections, and construction cost estimates will
be prepared for the feasible alternatives. A preliminary engineering
report will be prepared to summarize the findings, recommend an
alternative and provide construction cost estimates.
The report will be submitted to the City for review and comment before
finalizing. At that point we would be prepared to meet with the local
property owners to discuss the project and gather their input.
Right-of-Way Acquisition
The existing right-of-way will be documented during the field survey stage
of the project. Upon completion of the preliminary design, we will
determine the amount of right-of-way acquisition and/or slope easements
necessary to complete the work. Legal descriptions and maps to assist you
in acquiring the right-of-way and/or easements will be prepared
thereafter.
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Design
Upon completion of the preliminary design and property owner meeting,
Century West will proceed with final design. The final design will
incorporate recommendations from the preliminary engineering report, and
comments from the City, ODOT, and local property owners.
Final design drawings will consist of approximately nine sheets, including
the following:
1. Cover Sheet
2. Traffic Control Plan
3. Hall Boulevard Plan and Profile
4. Hall Boulevard Plan and Profile
5. Bonita Road Plan and Profile
6. Utilities Plan
7. Typical Sections
8. Stripping Plan
9. Typical Details
In addition to the design drawings, cross-section will be plotted at
50-foot intervals and provided to the City.
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Document Preparation
Specifications
Century West will prepare technical specifications for the project to
include with the City's "Boiler Plate" information, the technical
specifications will address materials and work items that are anticipated
to be necessary to complete the proposed Phase I Bonita Road improvements.
The construction phase of the work will be bid by the City under a
separate unit price contract. Each unit price bid items will be described
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in the measurement and payment section of the contract documents. r
Quantities for each bid item will be estimated and a final construction i
cost estimate will be prepared based on the bid items.`
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Bid Period Services
The objective of this phase is to assist the City to advertise, receive,
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and evaluate construction bids and ultimately award the construction work
to a qualified contractor. Bid period services will consist of the
following items:
o Develop a bid advertisement in cooperation with the City
o Prepare 30 sets of contract documents including City's "boiler
plate," technical specifications, and reduced construction
drawings bound in the contract
{
o Interpret bidders' questions regarding the contract documents
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o Review and analyze construction bids
o Investigate the qualification of the low bidder
o Recommend bid award to the City
o Assist the City to prepare contract award to the successful
bidder
All questions received during formal bidding will be fully documented and
all clarifications will have formal responses in addendums sent by
registered mail to each bidder. After reviewing bids for completeness,
low bidders' qualifications, and contractual compliance, a written
recommendation for award will be made to the City.
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Construction Period Services
Our project team views construction administration as an element of a
project that is equally as important as the design phase. Our team
applies the same attention to detail for construction administration as is
found in our design services. For this reason, we have prepared the
attached resident engineer's manual, to outline procedures to be followed
by our construction period services staff.
The following items will be included in the construction phase of the
project:
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o Conduct a preconstruction conference
o Provide construction observation
o Compaction control testing with nuclear densometer
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o Establish base line control for construction (construction
staking will be completed by the contractor
o Review shop drawing and other project submittals y
o Conduct biweekly meetings with the contractor, subcontractors,
and City staff i
o Ongoing review of the construction schedule (anticipated
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construction time of 60 days)
o Review and approve progress payments
o Evaluate and document requests for project changes, additions, }
and substitutions `
o Prepare construction change orders
o Prepare corstruction record drawings.
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M-M
Schedule
The preliminary project schedule is as follows:
Scheduled Scheduled
Activity Start Date Completion Date
Preliminary Design 2/27/89 4/7/89
Preliminary Design Conference 3/9/89
Field Survey 3/13/89 3/17/89
Geotechnical Investigation 3/13/89 3/24/89
Property Owner Meeting 4/5/89
Right-of-Way/Easement Description 4/10/89 4/21/89
Final Design 4/10/89 5/12/89
Review 5/15/89 5/19/89
Finalize Plans, Specifications, & Estimate 5/22/89 5/26/89
Reproduce Contract Documents 5/29/89 6/2/89
Advertisement Date 6/6/89
Open Bids 6/27/89
Award Contract 7/5/89
Notice to Proceed 7/10/89
Substantial Completion 9/8/89
Record Drawings Complete 11/8/89
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FEE SCHEDULE
The compensation for work done on the basis of personal services plus incurred
expenses will be established using the rates as set forth below:
A. PERSONNEL SERVICES:
For services rendered, the client agrees to pay engineer an amount based
on engineer's direct labor costs times a factor of 3.20.
B. OUTSIDE EXPENSES:
Outside expenses incurred on the project which Century West Engineering
must pay shall be charged at the actual cost of the expenses plus 15%.
These expenses may include, but shall not be limited to, services-
provided by special consultants, professional or technical firms,•and
testing firms; time share computer services; mapping or reproduction
services; equipment rental;, costs for postage, freight, subsistence,
commercial travel, and long distance communications; and fees for
permits, filings, applications, bonds, etc.
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CITY Of TIGARD BONITA ROAD PHASE I DATE: 16-fe0-89
COST PROPOSAL fGR ENGINEERING SERVICES TIME: 07:33 AM
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TASKITITLE Principal Project Professional Project Survey Resident 6eotechnical
in Charge Manager Staff Surveyor Crev Engineer Engineer Drafting Clerical Total Espenses Total
(Hours) (Hours) (Hours) (Hours) (Hours) (Hours) (Hours) (Hours) (Hours) (Hours) (Costs) (Costs)
- - - - - - - - - - - -
PHASE 1. PRELIMINARY ENGINEERING
Preliminary Design 2 16 24 0 0 0 0 16 8 66 $100 33,398
Fieldtaffice Survey 0 0 0 32 40 0 4 0 0 76 $720 15,932
6eotechnical investigation 0 2 0 0 0 0 i0 4 4 60 32,900 36,026
Meetings 0 B 16 0 0 6 0 B 0 32 550 51,710
_
PRELIMINARY ENGINEERING SUBTOTAL 2 26 40 32 40 0 54 18 12 234 53,770 $17,066
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PHASE 11. RIGHT-OF-NAY ACRUISITION
Description of Acquisition/Easment 0 2 0 16 0 0 0 0 0 to $48 $1,002
- - - - -
R/N ACRUISTION SUBTOTAL 0 2 0 16 0 0 0 0 0 18 546 11,002
PHASE 111. DESIGN
final Design and Specifications 16 100 130 0 0 0 0 l08 24 378 5500 $19,834
_ - - - - _ - - - - - - - - - _
DESIGN SUBTOTAL 16 100 130 0 0 0 0 too 24 378 1500 119,834
PHASE IV. DOCUMENT PREPARATION
Print Contract Docusents 0 4 0 0 0 0 0 8 0 12 12,000 52,520
Bid Period Services 0 12 24 0 0 0 0 0 6 44 1100 52,456
DOCUMENT PREPARATION SUBTOTAL 0 16 24 0 0 0 0 8 8 56 12,100 14,976
PHASE V. CMTRUCTION PERIOD SERVICES
Preconstruction Conference 0 4 0 0 0 4 0 0 4 12 150 5626
Construction Uservation 0 24 0 0 16 320 0 0 24 384 12,000 120,416
Payment Requests/ievieu/Approval 0 0 24 0 0 0 0 0 16 40 150 11,810
As-Built Mylar Sepia 0 4 0 0 0 12 0 12 0 28 1250 11,444
CONSTRUCTION MANAGEMENT SUBTOTAL 0 32 14 0 16 336 0 12 44 464 12,350 124,296
HOURLY RATE 189 569 $46 TO 562 151 184 140 TO 452 155 126 TO 135 126 TO 132
TOTAL 18 176 218 48 56 336 54 156 88 1150 18,768 167,174
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY -Local Contract Review Board
AGENDA OF: February 27, 1989 DATE SUBMITTED: February 17,1989
ISSUE/AGENDA TITLE: Authorize i PREVIOUS ACTION:
Contract for *Eineerina Services
Pfaffle Streect PREPARED BY: Randall R. Woole
DEPT. HEAD O CITY ADMIN O REQUESTED BY;
POL CY ISSUE
Shall the Local Contract Review Board authorize signing of a contract for
engineering services on the Pfaffle Street project?
INFORMATION SUMMARY
A contract for engineering services has been negotiated for the Pfaffle Street
project. The contract covers 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 David Evans and Associates for work on the project.
This project is part of the approved 88-89 capital ImprovemerrL Program.
The contract uses the standard City consultant contract form.
ALTERNATIVES CONSIDERED
1. Authorize execution of the attached contract.
2. Require modification of the contract.
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. The upper limit is within the amount budgeted for engineering services
on the project. All project costs will be paid from Streets CIP funds (page
141 of the 1988-89 budget).
The upper limit on the contract is $31,800.
SUGGESTED ACTION
That the Local Contract Review Board, by motion, authorize the City
Administrator to sign the attached contract with David Evans and Associates.
/br
MEMORANDUM
February 17, 1989
TO: Randy Wooley, City Engineer
FROM: Gary Alfson, Transportation Engineer
RE: Pfaffle Street Consultant Contract
Attached is the contract for Consultants Services for David Evans and
Associates, Inc. David Evans and Associates, Inc. was 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 north side of the road, storm drainage, curbs, sidewalks, and
associated utility improvements. Also included is the necessary surveying
tasks for right-of-way acquisition, design, construction staking, and the
engineering and inspection tasks for contract administration, and construction
management.
The contract amount is biRsed on a not to exceed amount of $31,800.00, 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 March, 1989, by and
between the City of Tigard, a municipal corporation, hereinafter referred to
as the "City", and David Evans and Associates, Inc., 2626 S.W. Corbett Avenue,
Portland, OR 97201-4802, whose authorized representative is Anthony Righellis,
P.E., 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: _
.e
WHEREAS, the Pfaffle Street improvements, es-ge- e€ -gtreets°Y
Tr-a-ffie-Sa-f-ety--I-mprovement-bond, has been proposed to improve Pfaffle Street by Co,-6L
between Greenburg Road and Hall Blvd.; and, to
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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
IE Engineer is willing to perform such services.
IN CONSIDERATION of the promises and covenants hereinafter contained, the F
parties hereto hereby agree as follows:
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1. Engineer's Scope of Services
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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. 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
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A. Basic Fee.
1. As compensation for Basic Services as described in Phase I
through V, of this Agreement, and for services required in
the fulfillment of Paragraph 1, the Engineer shall be paid
on an hourly rate based upon the "Schedule of Rates" in
CONTRACT FOR ENGINEERING SERVICES - Page 1
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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
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Fee shall not exceed the amount of thirty-one thousand, E
eight hundred and 00/100 dollars (131,800).
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2. The parties hereto do expressly agree that the Basic Fee is
based upon the Scope of Services to be provided by the t
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 not more frequently than monthly. Payment by `
the City shall release the City from any further obligation for Eq
payment to the engineer for service or services performed or f:
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.
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C. Payment for Special Services. ~
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Only when directed in writing by the City, the Engineer shall X
furnish or acquire for the City the professional and technical g
services based on the hourly rate schedule as described in
Exhibit 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 j
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 payab]- hereunder, the Engineer
may add any applicable gross receipts t.x.
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 354 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
41' 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. Assignment
This Agreement shall not be assignable except at the written consent
of the parties hereto, and if so assigned, shall evterd 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
ar~u 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
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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 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 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 supersedes 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
br/8974D
CONTRACT FOR ENGINEERING SERVICES - Page 6
EXHIBIT I
Duty of Engineer
A. Basic Services:
The submitted proposal, dated February 13, 1989 and entitled "SW Pfaffle
Street Projecl", describes the responsibilities and duties of the Engineer and
City and is hereby made a part of this contract.
br/9098D
CONTRACT FOR ENGINEERING SERVICES - Page 7
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February 13, 1989 DEA700
RECEIVED
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FEB 13 1989
Mr. Gary Alfson, P.E. Cmmv* Owe
Transportation Engineer
City of Tigard
13125 S.W. Hall Blvd.
§)9CD ~ Tigard, OR 97233
~J~J~J RE: PFAFFLE STREET PROJECT
Dear Gary:
David Evans and Associates, Inc. (DEA) is pleased to present this proposal to provide
the professional services required to design and manage the construction of the subject
project. This proposal will follow and include the information in your request dared
January 30, 1989.
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Gary, DEA appreciates the opportunity to submit this proposal and we look forward to
working with you and your staff. Please call me if you have any questions, of if you
require any additional information for your review.
Sincerely, t
DAVID EVANS ANP ASSOCIATES, INC.
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Anthony O. Righellis, P.E.
Project Manager
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DAVID EVANS ANDASSOCLOM, INC.
ENGINEERS, SURVEYORS, 1UNNF.RS, LANDSCU'E ARCl1MIN f~
OFFICES IN OREGON, WASHINGTON AND CALIFORNIA {
2626 s.w'. CORBhrr k%,ENUE II
PORTLAND, OREGON 97201-4802
(503) 223-6003 FAX (503) 223.2701
ENGINEERING PROPOSAL: PFAFFLE STREET
This project involves widening the north side of Pfaffle Street from Hall Boulevard to
78th Avenue. The improvements consist of pavement widening (20 feet from centerline),
resurfacing or reconstructing the existing pavement, curb, sidewalk, street lights,
underground utilities, and storm drainage.
The following format is as per City Of Tigard's RFP dated January 30, 1989.
1. The name and office location of the person who will be directly in charge of the
project.
~~UUU Anthony O. Righellis, P.E. will be the Project Manager, responsible for the project.
Charles L. Harper, P.E. will be the Project Engineer. Both Tony and Chuck work out
of the Portland office where all the work will be performed.
2 The name and location of any subconsultants. j
For this project, DEA anticipates that subconsultants will not be required.
3. A description of how you will accomplish the project detailing the pertinent factors
of design and public awareness as outlines in each phase of the project.
The Scope of Services shall included the tasks itemized in your request and further
described below.
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PHASE I - PRELIMINARY ENGINEERING
a) Topographic Survey: DEA proposes to survey the entire project with cross-
sections at 50-foot intervals. The existing centerline and edge of pavement,
ditches, etc. will be located and plotted along the researched right-of-way
location to provide the needed information and determine the horizontal and
vertical alignments. Utilities, power poles, lights, signs, trees, mailboxes, curbs,
sidewalks, fences, culverts, etc. shall be located and plotted.
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b) Draft Design: DEA will develop and calculate the street alignments and 1
geometry. At this phase, we will look closely at the existing street grades,
existing curb/sidewalk improvements, pavement conditions, existing utility
systems, drainage, street lighting, and signing. Based on the review of this F
information the preliminary plans and profiles will be developed. If feasible the
existing street improvements such as curbs, sidewalks and street widening will be
salvaged.
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DAVID Ems ANDASSOCRTES, INC.
ENGINEERS, SURVEYORS, PLANNERS, LANDSCAPE ARCHITECTS
OFFICES IN OREGON. WASHINGTON AND CALIFORNIA
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The preliminary plans will be used to inform the property owners of the
magnitude of the proposed street improvement adjacent to their property.
The overlay depth and extent of street reconstruction will be determined by the
City based on testing currently being performed by the City. The typical road
pavement section will be 4" A.C., 3" (3/4"-0"), 12" (2"-0").
C) Storm Drainage Evaluation: Based on existing drainage improvements, grades,
and topography, DEA will perform and submit a storm drainage evaluation to
the City. This evaluation will include the existing drainage conditions and the
proposed drainage improvements. Based on our preliminary review, DEA
anticipates that major drainage improvements will not be required. The
evaluation shall include the review of the drainage system and calculations for
the Cypress Springs Apartments.
UUUUUU d) Cost Estimates: A preliminary cost estimate shall be prepared and submitted
to the City. All cost estimates shall be done by means of a computerized
spreadsheet, allowing easy adjustments as the designs are finalized.
e) Property Owners Meeting: DEA will attend the public meeting at the end of the
preliminary engineering phase to explain the street improvements to area
residents. It is anticipated that one meeting will be required.
PHASE II - RIGHT-OF-WAY ACQUISITION
a) Documentation of Monuments and Existing R/W: DEA shall research the
existing right-of-way and determine the required take from each property. DEA
will document the monuments and existing right-of-way.
b) Property/Right-of-Way and Easement Descriptions: DEA will prepare the
required legal descriptions for the right-of-way takings and easements needed to
construct the project. The City shall provide the negotiations and acquisitions.
PHASE III - FINAL DESIGN
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Utilizing the information gathered in Phases I and H, DEA will finalize the preliminary
design and prepare the final construction plans. The design and plans will be as per
the City of Tigard's Design Standards Manual. The plans will include vertical and
horizontal alignment detailing the 20 foot half street improvement. The limits of lane
reconstruction, utility relocation/coordination, drainage improvements, street s
illumination, construction traffic control, and details shall be included in the F
construction plans.
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DAv[D EvANS ANDAssomns, INC.
ENGINEERS. SURVEYORS, PLANNERS, LANDSCAPEARCHITECTS
OFFICES W OREGON, WASHINGTON AND CAIIFORNL4
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DEA shall supply the City with the base maps so that the City can design the signing
and striping plan. DEA will prepare the signing and striping plan based on the City's
design.
The design plan format shall be consistent with the requirements outlined in the Design
Standards Manual.
Prior to submitting 30 sets of the plans, DEA will submit a final review set to the City
for final approval.
n~~ PHASE IV - DOCUMENT PREPARATION AND COST ESTIMATE
2 Contract documents will be prepared and incorporated into the City's boiler plate
documents. These documents shall include the technical specifications, special
provisions, advertisement for bid, bid schedule, proposal, and contract. A review of the
boiler plate will also be completed to provide continuity.
The final bid quantities will be finalized and a construction cost estimate prepared. The
estimate will be based on current construction cost for the area on similar type project.
PHASE V - CONSTRUCTION MANAGEMENT
Awl
DEA will attend the pre-bid and pre-construction meetings. After the contract has been
awarded, DEA will provide the needed construction staking, inspection, and
administration.
The staking will consist of setting the new curb line both vertically and horizontally.
If the existing centerline grade cannot be utilized, DEA will set the new grade at
centerline. Drainage and project details will also be staked and identified for the
contractor.
DEA will provide daily construction inspection required by the project schedule and
contractor's activities. Testing will be performed as required by a City approved testing
subconsultant. DEA's inspector shall coordinate the inspections with the City's
inspection supervisor assigned to the project. DEA will be the contact for the
contractor's activities.
Construction management will consist of coordinating the contractor, survey crews,
utility companies, and the City. Change orders, payment requests, reviews, approvals
and payment recommendations will be coordinated directly from the contractor to DEA
then to the City. DEA will provide the needed services through final acceptance to the
City and prepare the as-built record drawings.
DAVID EVANS ANDASSOCIATES, INC.
ENGINEERS. SURVEYORS, PIANNERS, JANDSCAPEARCHITECTS
OFFICES IN OREGON. WASHINGTON AND CALIFORNIA
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4. A time schedule for completing each phase of the project.
DEA proposed the following schedule and indicates the number of weeks required for
the phases described above:
WEEKS
PHASE I - PRELIMINARY ENGINEERING 4.0
PHASE II - RIGHT-OF-WAY ACQUISITION 1.5
(includes documentation and description)
PHASE III - FINAL DESIGN 3.5
~~~IJCJU PHASE IV - DOCUMENT PREPARATION AND COST ESTIMATE 1.0
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PHASE V - CONSTRUCTION MANAGEMENT 11.0
Assuming a February 27, 1989 start date, the construction would be complete on July 10,
1989. As-builts would be completed and submitted July 24, 1989. This also assumes that
right-of-way acquisitions go smoothly.
5. An estimated cost of complete the project not to be exceeded without prior written
approval from the City.
DEA proposes to be compensated for the above services on a time and material basis
with an estimated not to exceed amount of $31,800. DEA recognizes that this fee is a
high percentage of the estimated construction cost. DEA feels that due to the extreme
detailed nature of the work, right-of-acquisitions required, and construction services
required, the estimated fee is realistic. See the attached spreadsheets for cost proposal
estimate and preliminary construction cost estimate.
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DAVID EWANS ANDASSOCIAns, INC. !
ENGINEERS. SURVEYORS, PLANNERS, LANDSCAPEARCHITECM
OFFICES IN OREGON. WASHINMY N AND CALIFORNIA
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DAVID EVANS AND ASSOCIATES, INC.
SCHEDULE OF RATES
PFAFFLE STREET IMPROVEMENTS
FEBRUARY 1989
1 Principal $ 80.00 /hr.
Project Manager $ 66.00 /hr.
Project Engineer $ 58.00 /hr.
Project Surveyor $ 52.00 /hr.
3 - Man Survey Crew $ 88.00 /hr.
2 - Man Survey Crew $ 65.00 /hr.
Landscape Architect $ 52.00 /hr.
Civil Design Engineer $ 44.00 /hr.
Technician $ 38.00 /hr.
Construction Inspector $ 38.00 /hr.
Draftsperson $ 33.00 /hr.
Clerical $ 24.00 /hr.
Outside services, mileage, reproduction costs,
materials, etc. cost + 5%
DAVID EvANS AiNDASSOCIATES, INC.
ENGINEERS. SURVEYORS, PLANNERS, LANDSCAPE ARCIIITECrS
OFFICES IN OREGON. WASHINGTON AND CALIFORNIA
PFAFFLE STREET IMPROVEMENTS DEA700
TIGARD, OREGON CLH
FEB. 13, 1989
PRELIMINARY CONSTRUCTION COST ESTIMATE
ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE TOTAL EST.
QUANTITY ( $ ) ( $ )
1. Street Improvements L.F. 2100 $36.00 $75,600.00
widening/overlay - north
2. Street Improvements - south
1 1/2" overlay, 121width L.F. 2100 $5.00 $10,500.00
3. Street reconstruction
20% reconstruction L.F. 420 $20.00 $8,400.00
4. Drainage Improvements L.S. 1 $23,100.00 $23,100.00
5. Street Lights EA. 7 $1,500.00 $10,500.00
6. Street light trench/conduit L.F. 2100 $10.00 $21,000_00
TOTAL PRELIMINARY CONSTRUCTION COST ESTIMATE $149,100.00
PFAFFLE STREET IMPROVEMENTS DEA700
TIGARD, OREGON CLH
FEB. 13. 1989
ENGINEERING COST PROPOSAL ESTIMATE
PERSONNEL EST. FEE/HR TOTAL EST.
HRS ( $ ) ( $ )
Project Manager 16 $66.00 $1,056.00
Project Engineer 96 $58.00 $5,568.00
Project Surveyor 80 $52.00 $4,160.00
Three Man Survey Crew 96 $88.00 $8,448.00
Civil Design Engineer 72 $44.00 $3,168.00
Construction Inspection 102 $38.00 $3,876.00
Draftsperson 80 $33.00 $2,640.00
Clerical 16 $24.00 $384.00
NW, Outside Services - Testing Lab. 1 $2,500.00 $2,500.00
ENGINEERING COST PROPOSAL ESTIMATE $31,800.00
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: February 27, 1989 DATE SUBMITTED: February 21, 1989
ISSUE/AGENDA TITLE: Im lementatio PREVIOUS ACTION: Presentation to
of Ambassador rogram by Economic' Council on February 20, 1989
Develo went Co ittee PREPARED BY: John Acker
DEPT HEAD OK CITY ADMIN OK- REQUESTED BY: City Council
P<0 I Y ISSUE
Should the Economic Development ommittee begin implementation of an
Ambassador Program.
INFORMATION SUMMARY
The Economic Development Committee chairman, committee members, and staff
presented to Council the Ambassador Program structure outline on February 20,
1989. Council consensus was to ask staff to prepare a resolution directing
immediate implementation of the Ambassador Program for consideration at the
February 27, 1989 City Council meeting. A resolution has been prepared and is
attached.
ALTERNATIVES CONSIDERED
1. Approve the attached resolution.
2. Amend the resolution.
FISCAL IMPACT
Commitment of a small amount of staff time and resources to implement the
program.
SUGGESTED ACTION
Approve the attached resolution as proposed.
4C cw/9120D
CITY OF TIGARD
a MEMORAINDIUM
TO: Mayor Edwards and the City Council
FROM: Ed Murphy, Community Development Direct
RE: Zone Ordinance Amendment ZOA 88-02
DATE: February 22, 1989
The following changes are in addition to those already indicated in your draft
copies of amendments to the Community Development Code. These changes were
noticed by staff after text assembly but prior to Council review of this zone
ordinance amendment. They are intended to make all of the Code Chapters and
sections consistent with each other. Underlines signify new wording; [Brackets]
signify text to be deleted.
Page: Section:
104 18.48.050A Add new section; change A3 to A4:
3 The average minimum lot width for duplexes shall
be not less than 90 feet.
4.[3.]
202 18.94.020 Remove or delete "Manufactured" from heading;e.g.
"(Manufactured/]Mobile Home Subdivision Standards"
^ and also from "Sections" list
98 18.114.150A Add:
4. The applicant's statement;
5. An assessor's map; and
6. A title transfer instrument.
320 18.130.035a should read:... "reapplying for a conditional
use"...
324 18.130.060 change heading to:
"Minor Modification(s) to Approved Plans or Existing
Development [of a Conditional Use Permit]"
324 18.130.0608 Add a new section B to insert submission
requirements for approval of a minor modification to
conditional use plans or to an existing conditional
use development.
"B An applicant may request approval of a minor modification by:
1 Providing the Director with three copies of the proposed modified
conditional use plan; and
2 A narrative which indicates the rationale for the proposed modification
addressing the changes listed in Section 18.130.050B."
ZONE ORDINANCE AMENDMENT 88-02 SUPPLEMENTARY CHANGES PAGE 1
361 18.140.02001 should read: ..."required if any Temporary Use
application is"...
364 18.140.05086 should read: "Temporary fund raising and other civic i
activities in commercial zoning districts." Remove
the words "are allowed"
Finally, the following sections, which refer to application submission
requirements, shall be changed to indicate that the number of site plans,
narratives and other documents required for submission shall be determined at
the pre-application conference.
18.114.150A1
18.130.070A1
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18.134.060A1 G
18.136.040A1
18.138.050C1
18.144.080A1
18.146.060A1
18.160.070A1
The number of copies should be deleted and "(number of copies to be determined
at the preapplication conference)" shall be added.
e.g.: "[Five copies] Copies of the ...site plan(s) and necessary data or
narrative (number to be determined at the Preapplication conference)
which explains..."
The above application submission requirement changes have already been noted in
several of the development chapters. This addition will therefore include all
of the remaining similar Code sections. b
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Ic ZONE ORDINANCE AMENDMENT 88-02 SUPPLEMENTARY CHANGES PAGE 2
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MEMORANDUM
To: Pat Reilly, City Administrator
From: Ed Murphy, Director of Community Developme
Re: Schedule for review and adoption of the City C *r Development Plan
Date: February 24, 1989
After reviewing state law and the city's ordinances with the city recorder and
the city attorney, and with the benefit of the recent discussions with the City
Center Task Force, the Planning Commission and the City Council members, I
believe I can safely outline a sequence of events that would result the
adoption of the city center development plan, should that be the Councils,
pleasure. The proposed schedule is as follows:
Feb. 28. City Center Plan Task Force meets to review the Plan and Report.
March 6. CCPTF and staff present the plan and the report to the City Council.
March 7. Planning commission holds a workshop on the Plan and Report, and
reviews (but does not adopt) a finding of consistency with the comprehensive
plan.
March 13. City Council holds a workshop on the Plan and Report.
March 16. City Council, CCPTF, and Planning Commission all meet. City Council
(acting as the City Center Development Agency) and the Planning Commission hold
a joint hearing on the Plan and Report. (Technically, the Agency causes the E
Plan to be developed, submits it to the Planning Commission, which makes a
recommendation back to the Agency, which then forwards it to the City Council.
It can all happen at one meeting).
March 27. The Council holds a hearing to consider adopting the Plan by
ordinance. Besides adopting the Plan by ordinance, they would adopt the Report:
on the Plan by resolution. They would also adopt a resolution accepting a
ballot title, and referring the Plan to the voters for the May election.
Lastest news on the timeline for the May election: The city has up until 5:00
p.m. on April 12 to file this issue for an election in May...not April 6, as l
had previously been advised. This means that the council does have one more
meeting (April 10), should there be a desire to postpone action until that
date. (In addition, although it is not a regularly scheduled meeting date, the
Council could meet on April 3).
One last item: Michael Cox at the Secretary of State's office will have a
definite answer on whether_ the election will be mail-in or at the polls by mid- e
March. He has to decide at least 60 days before the election.
CC.
Tim Ramis a
Jill Monley/Loreen Wilson
Liz Newton
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