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Agenda Packet - 2002-05-21 PMCITY COUNCIL MEETING OF 7LY-)Z INCLUDES MINUTES, AGENDA FOLLOW-UPS, AGENDA AND PACKET. (NOTE: BLANK NUMBERED PAGES IN PACKET WERE REMOVED PRIOR TO MICROFILMING). FOLLOW-UPS MIGHT NOT HAVE BEEN DONE FOR MORNING AND SOME EVENING MEETINGS. City Council Judie Hannnerstad, Mayor Ellie McPeak, Council President Jack Homan CITY COUNCIL REGULAR MEETING AGENDA Tuesday, Mav 21, 2002 6:00 P.M. Council Chambers City Hall 380 A Avenue Karl Ronde Also published on the internet at: ci.oswego.or.us Bill Schoen Contact: Robyn Christie, City Recorder Gay Graham E -Mail: public_affairs@ci.oswego.or.us John Turchi Phone: (503)675-3084 This meeting is in a handicapped accessible location. For any special accommodations, please contact Public Affairs, (503) 635-0236, 48 hours before the meeting. Estimated Start Time 6:00 1. 2. CALL TO ORDER ROLL CALL Page # 6:05 3. PRESENTATIONS 3.1 2002 Prudential Spirit of Community Award, 'Vonneli Gruetter......................1 6:10 4. CONSENT AGENDA ♦ The consent agenda allows the City Council to consider dents that require no discussion. ♦ An item may only be discussed if it is pulled fi•oln the consent agenda. ♦ The Cite Council makes one motion covering all items included in the consent agenda 4.1 COUNCIL BUSINESS 4.1.1 Resignation of Jerry L. Fletcher from the Library Advisory ...........................5 Board Action: Accept resignation with regret 4.1.2 Request by City Tree Code Review Tusk Force to extend................................7 completion date through July 2002 Action: Approve extension request City Council Agenda May 21, 2002 Page I o1'4 4.2 REPORTS 4.2.1 Multiple Site Landscape Maintenance Contract Award.................................1 I Action: Award Multiple Site Landscape Maintenance Contract to TruGreen LandCare, LLC, in the amount of $112,405.00 for the maintenance period of one year with four possible one-year extensions. 4.2.2 Temporary Labor Services Contract Award....................................................15 Action: Award Temporary Labor Services Contract to Contractors Temporary Employment Service and St. Vincent DePaul Enterprises in the shared amount of $196,000.00 for the period of one year with four possible one-year extensions. 4.2.3 Award of a Public Improvement Contract for the 2002 .................................19 Pavement Management Program, Phase 1 — Structural Repairs (Work Order 1163) Action: Award a public improvement contract to Roy L. Houck Construction Company in the amount of $101,755.50 for construction of the Pavement Management Program, Phase I Structural Repairs (Work Order 1163) 4.2.4 Award of a Public Improvement Contract for the 2002 .................................23 Pavement Management Program, Phase 2 — Slurry Seals (Work Order 1163) Action: Award a public improvement contract to Blackline, Inc. in the amount of $69,098.56 for construction of the Pavement Management Program, Phase 2 — Slurry Seals (Work Order 1163) 4.3 RESOLUTIONS 4.3.1 Resolution 02-26, adopting Public Art Guidelines consolidating and streamlining the existing policies and guidelines relating to the maintenance and development of the city's art collection and relating to the Percent for Art Program (distributed with morning meeting agenda) Action: Adopt Resolution 02-26 4.3.2 Resolution 02-31, a resolution of the City of Lake Oswego to ........................27 name a series of city -owned linear properties along Springbrook Creek "Pennington Park" Action: Adopt Resolution 02-31 City Council Meeting May 21, 2002 Page 2 of 4 4.3.3 Resolution 02-32, a resolution of the City of Lake Oswego .............................35 making an appointment to the Transportation Advisory Board Action: Adopt Resolution 02-32 MO'T'ION TO APPROVE THE CONSENT AGENDA VOICE VOTE END CONSENT AGENDA 5. ITEMS REMOVED FROM THE CONSENT AGENDA 611" 6. CITIZEN COMMENT The purpose of citizen comment is to allow citizens to present information or raise an issue regarding items not on the agenda. A time linji.t of three minutes per citizen shall apply. 7. PUBLIC HEARINGS 6:20 7.1 Proposal to vacate surplus right of way on Bryant Road (Ord. 2323)............41 Ordinance No. 2323, a special Ordinance of the City Council of the City of Lake Oswego vacating a portion of Bryant Road south of Upper Drive. Public Hearing Process: Review of hearing procedure by City Attorney Staff Report: Joel Komarek, Interim City Engineer Public 'Testimonv: • 5 minutes for individuals • 10 minutes for representatives of a recognized neighborhood association, government or government agency, or other incorporated public interest organization Questions of staff Motion: If'the Council wishes it should move to approve the street vacation and Ordinance 2323. Discussion City Council Meeting May 21, 2002 Page 3 of 4 6:30 7.2 Proposal to vacate surplus right of way on West Sunset Drive at ..................S 1 Boones Ferry Road (Ord. 2324) Ordinance No. 2324, a special Ordinance of the City Council of the City of Lake Oswego vacating a portion of West Sunset Drive at Boones Ferry Road. Public Hearing Process: Review of hearing procedure by City Attorney Staff Report: Joel Komarek, Interim City Engineer Public Testimony: • 5 minutes for individuals • 10 minutes for representatives of a recognized neighborhood association, government or government agency, or other incorporated public interest organization Questions of staff Motion: If the Council wishes it should prove to approve the street vacation and Ordinance 2324. Discussion 6:40 8. INFORMATION FROM COUNCIL This agenda ire►►, provides all opportunity for individual Councilors to provide hifornnation to the Council oil matters not otherwise oil the agenda. Each Councilor will be given five minutes. 8.1 Councilor Information 8.2 Reports of Council Committees, Organizational Committces, and Intergovernmental Committees 6:50 9. REPORTS OF OFFICERS 9.1 City Manager 9.2 City Attorney 7:00 10. ADJOURNMENT CABLE, VIEWERS: The Regular City Council meeting is shown live on AT&T Tualatin Valley, Channel 22/28, at 6:00 p.m. The meeting will be rebroadcast on Channel 22/28: Tuesday 11:00 p.m. Wednesday 7:00 p.m. Thursday 10:00 a.m. City Council Meeting May 21, 2002 Friday 11:00 p.m. Saturday 2:00 p.m. Monday 10:00 a.m. Page 4 of 4 CITY OF LAKE OSWEGO AGENDA REPORT SUMMARY MEETING DATE: May 21, 2002 SUBJECT: 2002 Prudential Spirit of Community Award, Tonneli Gruetter 3.1 05/21/02 ESTIMATED FISCAL IMPACT: ATTACHMENTS: • Letter to Tonneli NOTICED (Date): --- Gruetter announcing award STAFF COST: $ Ordinance no.: BUDGETED: Y N Resolution no.: FUNDING SOURCE: Previous Council consideration: DEPARTMENT DIRECTOR signoff/date Document 17 -4111 CITY M NAGER l % jLL-c.y o 2 signoff/d to e TFIE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS HONORING OUTSTANDING COMMUNITY SERVICE BY YOUNG AMERICANS February 1, 2002 Tonneli Gruetter 4th Street Lake Oswego, OR 97034 Dear Tonneli: It is our great pleasure to inform you that you have been selected as Oregon's top middle school volunteer in The 2002 Prudential Spirit of Community Awards! Our judges were so impressed with your outstanding volunteer work that they chose you from among all of the other Oregon nominees in this year's program to be recognized as one of your state's two State Honorees for the year 2002. This is a great honor for you, your school, and your community. Congratulations! Sometime during the next few months, your principal will arrange for you to be presented with an engraved Prudential Spirit of Community silver medallion. Then, in early May, we want you to come to Washington, D.C., along with the other 103 State Honorees so that we may further salute your accomplishments during several exciting days of special recognition events. There, you will receive $1,000 and be considered for one of ten national awards. More information on this May celebration is enclosed. Above all, we want to take this opportunity to thank you for your compassionate dedication to improving the lives of others. The kind of vision and commitment you have demonstrated is extremely important to the future of our neighborhoods, our cities and our nation. Young volunteers like yourself are inspiring examples to all of us; you are our brightest hopes for a better tomorrow. Again, congratulations on your selection as a 2002 Prudential Spirit of Community Awards State Honoree! We look forward to seeing you in May. Sincerely, Arthur F. Ryan Gerald N. Tirozzi Chairman and CEO, Executive Director, Prudential Financial National Association of Secondary School Principals K, community have a high school diploma, he decided to help "tackle the graduation problem" by focusing on the reading skills of young students. "I believe that "'a child's reading skills can be strengthened at an early age, that child will have a greater chance to experience success in academics and ultimately graduate from high school," he said. To implement his program, called READ (Reading Encourages All Dreams), Kyle encouraged the public library to partner with him and then recruited fellow high school students to volunteer as mentors. He also contacted a reading specialist to train the mentors. In the program's first year, 30 elementary children and 21 mentors participated in READ. In addition to helping improve the children's reading grades, the mentors developed great friendships with the children and were able to help them through difficulties with nonreading issues, as well. Alyssa Latty Kiowa Elementary School Kiowa, OK Alyssa Latty, 12, created Kids Singing for Kids, a one -day public singing event that raised nearly $4,000 in cash and donated items to benefit children living in a shelter. When she learned from a family friend who works at the shelter how desperate the facility was for donations of basic necessities, Alyssa knew she wanted to help. "I felt that this project was important because the kids would know that other kids cared about them and wanted to help them feel better at this bad time in their lives." Alyssa, who loves to sing, decided on a singing benefit. She selected a local Wal-Mart store as the location, and received the manager's approval. Alyssa then obtained a donation of a sound system from the local music store and recruited her fellow 4-H members to help distribute flyers. She also sought in-kind gifts from local businesses and encouraged two local congressmen to match the money raised. After two months of planning, Alyssa sang for six hours straight, and collected a total of $3,200. Alyssa plans on making Kids Singing for Kids an annual event. OREGON Samuel Glaser South Eugene High School Eugene, OR Samuel Glaser, 18, created a service club at his school two years ago that now has 100 members who volunteer to assist the community's homeless, ill, and underserved. Samuel felt that teenagers were not doing enough in their community. "The media portrays teens as uninvolved and self-indulgent," said Samuel. "I knew this was not true; the teens I knew did care. We just had no vehicle to help us get involved." So Samuel created the vehicle ---called SERV (South Eugene Responsive Volunteers) and began working to turn the stereotype around. First, he called upon a group of young leaders to build SERV's foundation, then drummed up support among the rest of the student body. Next, Samuel contacted community agencies most in need of help. Since the group's inception, its volunteers have prepared meals for the hungry, helped build a medical clinic, raised money to fund a variety of projects, and coordinated a camp for at -risk youth. "I have learned the fulfillment that comes from helping people who are not fortunate enough to have as much as I do," said Samuel. Tonneli Gruetter Lake Oswego Junior High School Lake Oswego, OR Tonneli Gruetter, 14, organized two Thanksgiving turkey drives that collected 270 turkeys and nearly $900 in donations to feed the hungry. The idea came to her when Tonneli and her mother were watching television five days before Thanksgiving and heard a report on the need for turkey donations. "It was then that we realized we had to help," said Tonneli. "I started the turkey drive because I realized how lucky I was for what I have." Tonneli's family and friends agreed to help with the drive, and Tonneli gathered more support by making announcements at local schools and contacting the news media. With only five days' notice, Tonneli was able to collect 110 turkeys and $600 during her first turkey drive—more than twice the amount of turkeys she was hoping for. The following year, Tonneli's drive yielded 160 turkeys and nearly $300 in cash donations, which helped purchase hats and gloves for the needy. "I really felt like I was making a difference when I saw the smiles on even -one's faces at the soup kitchen," Tonneli said. PENNSYLVANIA Valerie Baron Akiba Hebrew Academy Merion Station, PA Valerie Baron, 17, organized and now leads the Saint Barnabas Mentoring Program, a youth volunteer group that provides tutoring assistance, mentoring, and positive role models for children living at a local homeless shelter. After helping to prepare and deliver a Thanksgiving meal to the Saint Barnabas Mission (a shelter for homeless women and children), "I felt compelled to do more," said Valerie. A vear later, while she was planning activities for her school's 4 15/02 18 4 4.1.1 CITY OF LAKE OSWEGO 05/21/02 AGENDA REPORT SUMMARY MEETING DATE: May 21, 2002 SUBJECT: Resignation of Jerry L. Fletcher from the Library Advisory Board RECOMMENDED MOTION: Accept resignation with regret. ESTIMATED FISCAL IMPACT: STAFF COST: $ BUDGETED: Y N FUNDING SOURCE: ATTACHMENTS: • none NOTICED (Date): Ordinance no.: Resolution no.: Previous Council consideration: DEPARTMENT DIRECTOR CITY NAGER signoff/date signoff/date J I Dear Jerry, UVE HAMMERSTAD, MAYOR At the Council meeting of May 21, 2002, the City Council of the City GAY GRAHAM, of Lake Oswego accepted with regret your resignation from the COUNCILOR Library Advisory Board. ACK HOFFMAN. In an effort to improve service to the community, the Council would COUNCILOR very much appreciate your completing the enclosed "Exit Interview" Eform. When it has been completed, please return it to the Mayor's & COUNCILOR Council Office, 380 A Avenue, PO Box 369, Lake Oswego OR 97034. EARL ROHDE, On behalf of the City Council, thank you for serving the community. COUNCILOR The contributions made by people such as you are invaluable; and I hope that as other opportunities arise, you will offer your services BILL SCHOEN, again. COUNCILOR JOHN TURCHI, Sincerely, COUNCILOR J id�e Hammerstad ayor JH/sms Enclosure May 22, 2002 AO "A" AVENUE OFFICE BOX 369 iAKE OSWEGO, Jerry L. Fletcher OREGON 97034 Marketing, Inc. X503) 635-0213 32475 Armitage Road F.4.X '503) 697-6594 Wilsonville OR 97070 n bAYOFc0i.oswego.or, us Dear Jerry, UVE HAMMERSTAD, MAYOR At the Council meeting of May 21, 2002, the City Council of the City GAY GRAHAM, of Lake Oswego accepted with regret your resignation from the COUNCILOR Library Advisory Board. ACK HOFFMAN. In an effort to improve service to the community, the Council would COUNCILOR very much appreciate your completing the enclosed "Exit Interview" Eform. When it has been completed, please return it to the Mayor's & COUNCILOR Council Office, 380 A Avenue, PO Box 369, Lake Oswego OR 97034. EARL ROHDE, On behalf of the City Council, thank you for serving the community. COUNCILOR The contributions made by people such as you are invaluable; and I hope that as other opportunities arise, you will offer your services BILL SCHOEN, again. COUNCILOR JOHN TURCHI, Sincerely, COUNCILOR J id�e Hammerstad ayor JH/sms Enclosure CITY OF LAKE OSWEGO AGENDA REPORT SUMMARY 4.1.2 05/21/02 MEETING DATE: May 21, 2002 SUBJECT: Request by City Tree Code Review Task Force to extend completion date through July 2002 RECOMMENDED MOTION: Move to approve extension request. ESTIMATED FISCAL IMPACT: ATTACHMENTS: I • Letter from Scott Rubel NOTICED (Date): dated April 17, 2002 STAFF COST: $ Ordinance no.: BUDGETED: Y N Resolution no.: FUNDING SOURCE: Previous Council consideration: DEPARTMENT DIRECTOR signoff/date CITY NAGER OL — signoff/date April 17, 2002 Dear Mayor and City Council Members, As chair of the City Tree Code Review Task Force, I have been asked by the members to request additional time to complete our tasks. There are many issues that still need to be worked through. We have already lengthened our meeting times and added additional meeting nights. Yet, despite these efforts we believe we need additional time in order to successfully complete our mission, therefore, we request an extension through July 2002. It's our hope that this causes no inconvenience for the City and that the Council will grant our request. Please feel free to contact me if you require any additional information. Thank you, Scott Rubel Pg# 1-888-644-3982 9 4.2.1 CITY OF LAKE OSWEGO 05/21/02 AGENDA REPORT SUMMARY ?0EETING DATE: May 21, 2002 SUBJECT: Multiple Site Landscape Maintenance Contract Award RECOMMENDED MOTION: Award Multiple Site Landscape Maintenance Contract to TruGreen LandCare, LLC, in the amount of $112,405.00 for the maintenance period of one year with four possible one year extensions. EST. FISCAL IMPACT: 5112,405.00 STAFF COST: BUDGETED: Yes FUNDING SOURCE: Park Fund Street Fund Water Fund DEPT. DIRECTOR " c0 signof /date ATTACHMENTS: Kinyon Memorandum dated may 13,2002 ASST. CITY MANAGER signoff/date NOTICED (Date): Ordinance no.: Resolution no. Previous Council consideration: CITY M NAGER i-7 adz signoff/date I 11 MAINTENANCE SERVICES DEPARTMENT TO: STEPHAN LASHBROOK, COMMUNITY DEVELOPMENT DIRECTOR FROM: KAY KINYON, PARKS SUPERINTENDENT DATE: 5-13-02 SUBJECT: RECOMMENDATION FOR MULTIPLE SITE LANDSCAPE MAINTENANCE CONTRACT BID AWARD Action The Council is requested to award a standard public maintenance contract to TruGreen LandCare, LLC, 16075 S.W. Upper Boones Ferry Rd., Tigard, Oregon 97224 in the amount of $112,405.00 for the City's annual Multiple Site Landscape Maintenance Contract. Introduction This Contract requires Council award in order to comply with City and State contracting and purchasing procedures. Funds to support this work are included in the F.Y. 2002-2003 budgets for the Street Fund, Library Fund, Park Fund, and the Water Fund. Background The contract provides maintenance for landscaping on Water Department Properties, City Hall, the Library, the Trolley, Adult Community Center, Tennis Center, Open Spaces, and various beautified areas within street rights of way. Approximately 75 grouped sites are included in the contract. 13 5705 Jean Koad • Post Office Box 169 • Lake Oswego, Oregon 970,34 • (503) 635-028O • FAX (503) 697-7411 Discussion On Tuesday. April 23, 2002 at 1000 A.M . a bid opening was held for the Multiple Site Landscape Maintenance Contract The results are as fallow: • TruGreen LandCare $112,405.00 • Seagraves Landscape Services $113,802.00 All bids were presented without exception TruGreen LandCare is the low bidder. Staff recommends award to the low bidder, TruGreen LandCare. Funds to cover the cost of the contract have been included in the Street Fund, Library Fund, Park Fund and the Water Fund in the City's F.Y 2001-2002 budget. Alternatives The alternatives are to 1) award the bid, 2) do not award the bid, or 3) remove from the consent agenda and discuss. Conclusion Staff recommends that Council award bid for the Multiple Site Landscape Maintenance Contract to TruGreen LandCare in the amount of $112,405.00. 11 4.2.2 CITY OF LAKE OSWEGO 05/21/02 AGENDA REPORT SUMMARY MEETING DATE: May 21, 2002 SUBJECT: Temporary Labor Services Contract Award RECOMMENDED MOTION: Award Temporary Labor Services Contract to Contractors Temporary Employment Service and St. Vincent DePaul Enterprises in the shared amount of $196,000.00 for the period of one year with four possible one year extensions. EST. FISCAL IMPACT: 5196,000.00 STAFF COST: BUDGETED: Yes FUNDING SOURCE: Park Fund Golf Course Fund Street Fund 1 ATTACHMENTS: Kinyon memorandum dated May 13, 2002 C5PT. DIRECTOR ASST. CITY MANAGER 4) m2 - s anoff date signoff/date NOTICED (Date): Ordinance no.: Resolution no. Previous Council consideration: _ 4414- _ CITY MA AGER /? L� v2. signoff/date 15 4< U MAIN-TI:N/\N(.'1 `tel RVK'Pti i FIPARTNIFNI To: Stephan Lashbrook, Community Development Director From: Kay Kinyon, Parks Superintendent Date: May 14, 2002 Subject: Recommendation For Temporary Labor Services Contract Bid Award Action The Council is requested to award a standard public maintenance contract to Contractors Temporary Employment Service, 2700 SE Harrison, Suite D, Milwaukie, OR 97222-3300 and St. Vincent DePaul Enterprises, 4950 NE Martin Luther King Jr. Blvd. Portland, OR 97211, in the shared amount of approximately $196,000.00 for the City's annual temporary labor services contract. Introduction This Contract requires Council award in order to comply with City and State contracting and purchasing procedures. Background/Discussion The contract provides workers for routine maintenance for parks grounds and Golf Course maintenance, and temporary utility workers. On Monday, May 6, 2002 interviews were held in response to a request for proposals for temporary labor services with Contractors Temporary Employment Service (C.T.E.S.), the current provider, is still the best choice to meet the City's needs. C.T.E.S. has the highest cost per hour at $16.00. However, the company specializes in construction trades including grading and excavating, carpentry and landscaping. C.T.E.S. has no problem providing workers for City utility type work. Twenty to twenty five percent of all annual placements are landscape/grounds types. The company recruits from landscape programs at high schools and junior colleges as well as other trade specific areas. C.T.E.S. 17 ;705 Jean Road • Ptist OU Ice flux 301) • I .Ikc ( )tievcl;,, t )me;un Q'/o i.1 0 (,o t) ('N; O'riH 0 I -:A\ t''0;) i,ei7-" -1 I I Council Report — page 2 5/14/02 provides rainwear and personal safety equipment with each worker assigned. C.T.E.S. has been providing workers for the past three years with very good results. Labor service contracts are on the City's July through June fiscal year cycle. Unfortunately, the fiscal year change falls in the middle of the temporary worker employment period for Parks Maintenance. Changing laborers at mid- season would require retraining eleven workers that are providing essential daily services. A change of that magnitude would seriously impact both efficiency and service standards. St. Vincent DePaul offered a lower labor rate at $14.93 per hour. However, 60% of their placements are clerical in nature and 40% are light industrial. Of the 40% light industrial 7% to 10% are in landscape/grounds type jobs. They do not provide workers to do street, sewer or water department type work. St. Vincent DePaul provides no rainwear or personal safety equipment such as hard hats or gloves. St. Vincent DePaul's policy provides personal time off to its employees which can be used for illness, time off or holidays. The policy could reduce time available from workers placed in City sites in short term seasonal positions where attendance is important. The City tried using St. Vincent DePaul's service three years ago. At the time, the company could not meet the City's need for temporary grounds and landscape workers. Alternatives The alternatives are to 1) award the bid, 2) do not award the bid, or 3) remove from the consent agenda and discuss. Conclusion/Recommendations Staff recommends that the Council award the bid for the Temporary Labor Services Contract to Contractors Temporary Employment Service and also recommends that a separate contract be negotiated with St. Vincent DePaul Enterprises under ORS 279.015 and 279.835-855 for nonprofit qualified rehabilitation facilities. The total dollar amount of two combined contracts would be for approximately $196,000 Funds to cover the cost of the contract have been included in the Sewer Fund, Street Fund, Park Fund and the Water Fund in the City's FY 2002-03 budget. rz 4.2.3 CITY OF LAKE OSWEGO 05/21/02 AGENDA REPORT SUMMARY MEETING DATE: May 21, 2002 SUBJECT: Award of a Public Improvement Contract for the 2002 Pavement Management Program, Phase 1 — Structural Repairs (Work Order 1163) RECOMMENDED MOTION: Move to award a public improvement contract to Roy L. Houck Construction Company in the amount of $101,755.50 for construction of the 2002 Pavement Management Program, Phase 1 — Structural Repairs (Work Order 1163). EST. FISCAL IMPACT: $101,755.50 STAFF COST: BUDGETED: Y X N FUNDING SOURCE: Street Fund 4/—'��' T ENGINEER S/3oZ Date ATTACHMENTS: • Komarek Council Report dated May 13, 2002 COMM. DEV. DIRECTOR �. �-4 Date =�— II .Kathy_-g\WO\1163\Phase 1\W0 1163- Phase 1 Agenda Ileport.doc NOTICED (Date): Ordinance no.: NA Resolution no.: NA Previous Council consideration: None LP CITY MA GER 1%i°Z Date 19 CITY OF LAKE OSWEGO COUNCIL REPORT 11): Douglas J. Schmitz, City Manager FROM: Joel B. Komarek, Acting City Engineer? '1k' PREPARED BY: George Dwire, Construction SupervisorkV SUBJECT: Recommendation of Bid Award for Construction of Work Order 1163, 2002 Pavement Management Program, Phase 1 — Structural Repairs DATE: May 13, 2002 Action The City Council is requested to award a public improvement contract to Roy L. Houck Construction Company in the amount of $101,755.50 for the 2002 Pavement Management Program, Phase 1 — Structural Repairs. Introduction This Contract requires Council award in order to comply with City and State contracting and purchasing procedures. Discussion At 11:00 a.m., on Tuesday, May 7, 2002, the City of Lake Oswego opened bids for the above referenced project. Four bids were received with the apparent low bid being submitted by Roy L. Houck Construction Company. The bidders and the amount of their bids are tabulated below: 91 Council Report May 13, 2002 Page 2 of 2 Bidder Roy L. Houck Construction Company Morse Bros., Inc. Brix Paving Benge Construction Company Engineer's Estimate Bid $101,755.50 $119,836.50 $120,253.95 $144,867.75 $127,251.00 On May 7, 2002, the City received a formal bid protest from Morse Bros., Inc. 'The basis of the protest made by Morse Bros., Inc. was that the proposal submitted by Roy L. Houck Construction Company was incomplete because it lacked required additional experience references and their first-tier subcontractor disclosure form was incomplete as originally submitted. Both of these items were submitted within three hours of the bid opening and, Ivan Boone, Deputy City Attorney, found that late submission of these documents was a minor informality because they were corrected promptly without prejudice to other bidders or the (pity, and the informality did not affect price, quantity, quality, delivery, or contractual conditions. Therefore, based upon a thorough review of the bidding requirements and the arguments presented in the protest letter, the City denied the protest of Morse Bros., Inc. Based upon a review of the bids by staff, the bid submitted by Roy L. Houck Construction Company was deemed responsive and responsible. Alternatives The alternatives are to: 1) award the contract or 2) reject all bids and re -hid the proiect. Conclusion City staff prepared the bidding documents for this project in accordance with the City's requirements for public improvement contracts. The bidding process was conducted in accordance with the City's public contracting procedures. Staff, therefore, recommends that Council award the contract to Roy L. I-louck Construction Company in the amount of $101,755.50. 11 %Xathy.S\W0\11610hnse WO 1161. Nhme 1 Council Report. doe 92 N CITY OF LAKE OSWEGO AGENDA REPORT SUMMARY MEETING DATE: May 21, 2002 4.2.4 05/21/02 SUBJECT: Award of a Public Improvement Contract for the 2002 Pavement Management Program, Phase 2 — Slurry Seals (Work Order 1163) RECOMMENDED MOTION: Move to award a public improvement contract to Blackline, Inc. in the amount of $69,098.56 for construction of the 2002 Pavement Management Program, Phase 2 — Slurry Seals (Work Order 1163). EST. FISCAL IMPACT: ATTACHMENTS: NOTICED (Date): $69,098.56 Komarek Council Report dated May 13, 2002 STAFF COST: Ordinance no.: NA BUDGETED: Y X N Resolution no.: NA____ FUNDING SOURCE: Previous Council Street Fund consideration: None .'0 y 'y ENGINEgF� S//1142 Date COM DEV. DIRECTOR Date 11:\Kathy_;\W0\1163\1'haw 2\NY) 1163 Agenda Report.doc CITY k1kNAGER /'y /4' a �_ Date %3 CITY OF LAKE OSWEGO COUNCIL REPORT 1,0: Douglas J. Schmitz, City Manager FROM: Joel B. Komarek, Acting City Engineertb PREPARED BY: George Dwire, Construction Supervisor SUBJECT: Recommendation of Bid Award for Construction of Work Order 1163, 2002 Pavement Management Program, Phase 2 - Slurry Seals DATE: May 13, 2002 Action The City Council is requested to award a public improvement contract to Blackline, Inc. in the amount of $69,098.56 for the 2002 Pavement Management Program, Phase 2 - Slurry Seals. Introduction This Contract requires Council award in order to comply with City and State contracting and purchasing procedures. Funding for this project is predicated upon adoption of the FY 2002-03 budget. Discussion At 10:00 a.m., on Wednesday, May 8, 2002, the City of Lake Oswego opened bids for the above referenced project. Two bids were received with the apparent low bid being submitted by Blackline, Inc. The bidders and the amount of their bids are tabulated below: Bidder Bid Blackline, Inc. $69,098.56 Asphalt Maintenance Associates, Inc. $72,967.87 Engineer's Estimate $87,153.89 7's Council Report May 13, 2002 Page 2 of 2 Based upon a review of the bids by staff, the bid submitted by Blackline, Inc. was deemed responsive and responsible. Alternatives The alternatives are to: 1) award the contract or 2) reject all bids and re -bid the project. Conclusion City staff prepared the bidding documents for this project in accordance with the City's requirements for public improvement contracts. The bidding process was conducted in accordance with the City's public contracting procedures. Staff, therefore, recommends that Council award the contract to Blackline, Inc. in the amount of $69,098.56. HAKalhy_g\WOV 163\Phase 2\WO 1163 Phase - 2 Council Relxnt.doe `, 6 4.3.2 CITY OF LAKE OSWEGO 05/21/02 AGENDA REPORT SUMMARY MEETING DATE: May 21, 2002 SUBJECT: Resolution 02-31. A Resolution of the City Council of the City of Lake Oswego to name a series of city -owned linear properties along Springbrook Creek "Pennington Park." RECOMMENDED MOTION: Adopt Resolution #02-2. EST. FISCAL IMPACT: STAFF COST: $none BUDGETED: Y N FUNDING SOURCE: DEPT. DIRECTOR o D2 sign /da ATTACHMENTS: • May 2, 2002 Wagner memo • Resolution # 02-31 • Exhibit A — Property Map ASST. CITY MANAGER signoff/date NOTICED (Date): Ordinance no.: Resolution no.: 02-31 Previous Council consideration: no CITY MA&GER signoff/date Parks and Recreation Department I o: Mayor Judie Hammerstad Memorandum From: Stephanie Wagner, Chair of Parks & Recreation Advisory Board Subject: Park Name - Pennington Park Date: May 2, 2002 ACTION The Parks & Recreation Advisory Board (PRAB) would like to request that the City Council adopt resolution 02-31 naming the series of linear properties along Springbrook Creek "Pennington Park." BACKGROUND Over the past couple of years a series of linear properties along Springbrook Creek have been acquired by the city and the natural area restored. This area has been added to the city's park rolls but not been officially named. The Natural Resources Advisory Board (NRAB) approached PRAB with a request to consider naming these properties "Pennington Park" to honor long time natural resources advocate Ruth Pennington. Mrs. Pennington was extremely dedicated to preserving the city's parks and open spaces. She was instrumental in preserving Springbrook Park and participating in the Springbrook Park Trail Master Plan development. She was also a strong advocate for promoting stream protection and natural areas enhancements throughout the city. Therefore, PRAB voted unanimously at the April 24, 2002 PRAB meeting to support NRAB's request as an appropriate way to recognize her contribution to the community. RECOMMENDATION PRAB is recommending that the City Council name the series of linear properties along Springbrook Creek "Pennington Park." Option 1 - Adopt resolution 02-31 Option 2 - Do not adopt resolution 02-31 29 RESOLUTION 02-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO NAMING CERTAIN PROPERTIES ALONG SPRINGBROOK CREEK "PENNINGTON PARK." WHEREAS, Ruth Pennington was a long time Lake Oswego resident and natural resources advocate, dedicated to preserving Lake Oswego's natural areas and open spaces, and was instrumental in the establishment of Springbrook Park; and WHEREAS, the City acquired several properties along Springbrook Creek to preserve the natural area and stream corridor; and N'l-HEREAS, these properties are designated as park land and accessible to the public for passive recreational .ase; and NVHEREAS, the Parks and Recreation Advisory Board and Natural Resources Advisory Board desire to honor ttuth Pennington for her contribution and dedication to protecting Lake Oswego's natural resources; then NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The properties described on attached Exhibit A are hereby named "Pennington Park." Section 2. Effective Date. This Resolution shall take effect upon passage. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the day of 20—. — — AYES: NO E S: EXCUSED: ABSTAIN: ATTEST: Judie Hammerstad, Mayor Robyn Christie, City Recorder 31 K, usE h�q Y �kRUs� �qY MERCANTILE MEDICAL / PLAZA Proposed Pennington Park P� A -- �eF co / O -- o ca z G LANE -- Q� D BROOK OQe C RED 1 CEDAR L WAY TWIN FIR QCT. ,--- Exhibit A Scale: 1" = 200' May 2002 RS 33 4.3.3 CITY OF LAKE OSWEGO AGENDA REPORT SUMMARY MEETING DATE: May 21. 2002 SUBJECT: Resolution 02-32 Appointment to Transportation Advisory Board RECOMMENDED MOTION: Move to adopt Resolution 02-32, appointing Todd A. Migchelbrink to the Transportation Advisory Board for a three-year term ending March 31, 2005, and designating Frank M. Orem as an alternate to the Transportation Advisory Board to serve if there are any vacancies on the Transportation Advisory Board due to attrition through March 31, 2003. CJ 1 . I- IbL;AL IMPACT: N/A STAFF COST: $ BUDGETED: Y N FUNDING SOURCE: DEPT. DIRECTOR Date ATTACHMENTS: • Application of Todd A. Migchelbrink ASST. CITY MANAGER Date NOTICED (Date): Ordinance No.: Resolution No.: 02-32 Previous Council Consideration: CITY MA AGER l -) yh`y 2 Date 35 RESOLUTION 02-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO MAKING AN APPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD WHEREAS, a City Council Interview Committee, consisting of Councilor Graham and Donna Jordan, Chair of the Transportation Advisory Board, met on May 9, 2002 to interview candidates for the Transportation Advisory Board; and WHEREAS, it was the consensus of the Interview Committee to recommend to the City Council that Todd A. Migchelbrink be appointed to the Transportation Advisory Board for a three-year term ending March 31, 2005; and WHEREAS, it was the consensus of the Interview Committee to recommend to the City Council that Frank M. Orem be designated as an alternate to the Transportation Advisory Board to serve if a vacancy occurs on the Transportation Advisory Board due to attrition through March 31, 2003; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Oswego hereby appoints Todd A. Migchelbrink to the Transportation Advisory Board for a three-year term ending March 31, 2005, and designates Frank M. Orem as an alternate to the Transportation Advisory Board to serve if there are any vacancies on the Transportation Advisory Board due to attrition through March 31, 2003. This resolution shall take effect upon passage. Approved and adopted by the City Council of the City of Lake Oswego at a regular meeting held on the 21st day of May 2002. AYES: NOES: ABSTAIN: EXCUSED: Judie Hammerstad, Mayor ATTEST: Robyn Christie, City Recorder APPROVED AS TO F David Powell, City Attorney 3'r application TAB CITY OF LAKE OSWEGO TRANSPORTATION ADVISORY BOARD Application Please Complete in Black Ink or T1Pe PERSONAL DATA Page 1 of 2 Name 7ocld 4• M, gene/6r; n k Telephone (5-03) (o7SS-1330 Address (v30 4e-r1ioc1- S -f Lxkt 0Swegp Or-e5on 9703y Street Cite State Zip Council is currently seeking candidates to represent District 3, 4, S, 6 or "At Large. " I AM APPL YING FOR A POSITION REPRESENTING (Choose One): DISTRICT NO (o OR, AT LARGE (See "Description ") "' ..................... Years of Residence in Lake Oswego 3.5 Occupation 7Cac-Ae-e- A. Employer R1'Vert We- Sr-�\wl D;s+v, c4- Employer's Telephone (503) (63(v-8(11 Employer's Address 117 33 SW k�,j Aux— ?q -(4\a^ 4 2 Cl 7 LI EDUCATIONAL BACKGROUND t3roa.Q�s�t//f t/�.-wn'c.�1�1'anS /VaS�. 6 �i�t S^�,l�C KniNGrr.�j PROFESSIONAL OR VOCATIONAL BACKGROUNI 1995" PRIOR CIVIC ACTIVITIES WHY WOULD YOU LIKE TO SERVE ON THIS /BOARD? �" MOKC ri�✓eJuK�( n Gw �tC or!2w G,y,t. iw A%-# Y,•e s �tpvek r 4"1 My Rani/y *-wW / wrr// AL ^+^.4rl7a LQ /r t f0 �,q� 0. �. d /�G /p,�,� ff .,•,,,.,a.�t�c- �, Y f _.,.,.,..,GI r ✓ �/ Mar+Wi•� SIGNED ��GeDATE 3�L (�d2 RETURN THIS APPLICATION TO: CITY OF LAKE OSWI?GO, MAYOR'S/CITY COUNCIL OFFICE, 380 A AVENUE, PO BOX 369, LAKE OSWEGO OR 97034 htip://www.ci.oswego.or.us/BOARDS!tilacancies/apptab.htm 34 /21/02 MCI! "A" AVENUE PCIST OFFICE BOX 369 LAKE OSWEGO, C *fC;ON 97034 Sf)3) 635.0213 FAX, 375,-03) 697-6594 M,a,.,, OR*cs vsweRo.orms May 22, 2002 Todd A. Migchelbrink 630 Hemlock Street Lake Oswego OR 97034 Dear Mr. Migchelbrink: 1 _ -+NMM MAYOR It is a pleasure to advise you that on Tuesday, May 21., 2002, the City Council of the City of Lake Oswego confirmed your �A) GRAHAM, appointment to the Transportation Advisory Board. You will 'COUNCILOR serve a three-year term ending March 31, 2005. a._ HOrFMAN, COUNCILOR The Transportation Advisory Board usually meets on the second Wednesday of each month. The staff liaison will advise i.UE McPEAK, you of the next meeting. COUNCILOR On behalf of the City Council, I wish to thank you for your t 'C L R willingness to devote our time, energy, � Y and knowledge to CIO R Ci)UNC.ILOR enhancing the quality of life of our community. z.0 SCHOEN, COUNCILOR Sincerely, >riN TURCHI, OUNCILOR Je a immerstad . ayor JH/ sms c: Members of the City Council Douglas J. Schmitz, City Manager Kathy Marcott, Engineering Technician 380 "A" AVENUE May 22, 2002 POST OFFICE BOX 369 LAKE OSWEGO, OREGON 47034 (503)635-0213 FAX (503) 697-6594 Frank M. Orem MAI ORCIci.c,swego.orms 41 Condolea Court Lake Oswego OR 97035 IUDIE HAMMERSTAD, MAYOR Dear Mr. Orem: GAY GRAHAM, 'Thank you for interviewing for a position on the Transportation COUNCILOR Advisory Board. Although you were not selected to serve at this JACK HOFIMAN, time, the City Council felt that you have a lot to offer the City of COUNCILOR Lake Oswego. Therefore, if an opening occurs on the Transportation Advisory Board due to attrition between now and ELLIE M&EAK, March 31, 2003, the Council will ask you to serve. KARL ROHL)E. On behalf of the City Council, I wish to thank you for your interest COUNCILOR in sharing your expertise with the community. BILL SCHOEN, Sincerely, COUNCILOR IOHN TU R COUNCILOR J ( die H/aw/mmerstad ayor JH/ sms c: Kathy Marcott, Staff Liaison to Transportation Advisory Board 380 -A" AVENUE May 22, 2002 POST OFFICE BOX 369 LAKE OSWEGO, OREGON 97034 (503)635-0213 FAX 15033 697-6594 MANOR6-6.oswego.or.us Robert W. Luhr 137 Furnace Street Lake Oswego OR 97034 IUDIE N.AMMCRSTAD, MAYOR Dear Mr. Luhr: -AY GRAHAM, COUNCILOR Thank you for interviewing for a position on the Transportation Advisory Board. Although you have not been selected to serve at A� I >\ HOEEMAN. ()UN('ILOR this time, we sincerely appreciate your interest in serving the community. I If. MWEAK, OIINCII.OI,' The contributions made by people such as you are invaluable, and I hope that as other opportunities arise, you will offer your ARL ROI IDE, OR services again. Please contact Shirleychultz, at (503) 635-0215, if g Y \ Cl)UNCIIOR / you would like to receive information about future vacancies on RILE SCHOEN the City's boards, commissions and committees; or, you can view COUNCIL OR the City's current vacancies at http://www.ci.oswego.or.us/boards/Vacancies/currentvacancies%20.htm rOHN I I R( III COUNT II ()k Sincerely, a �dieHammerstad Mayor JH/sms n:rst last address name board Robert W. Luhr 137 Furnace Street Mr. Luhr: Transportation Lake Oswego OR 97034 Advisory Board Jeffrey J. LeVee 2475 Glenmorrie Drive Mr. Transportation Lake Oswego OR 97034 LeVee: Advisory Board Jeffery White 4181 Cobb Way Mr. Transportation Lake Oswego OR 97035 White: Advisor Board Caroline Jolles 5040#B Foothills Road Ms. Transportation Lake Oswego OR 97034 Jolles: Advisor Board 7.1 CITY OF LAKE OSWEGO 05/21/02 AGENDA REPORT SUMMARY MEETING DATE: May 21, 2002 SUBJECT: Ordinance No. 2323, vacating surplus right of way on Bryant Road rY RECOMMENDED MOTION: Move to enact Ordinance No. 2323. EST. FISCAL ATTACHMENTS: IMPACT: • Komarek Council Report N/A dated 5/13/02 with attachment STAFF COST: • Ordinance No. 2323 BUDGETED: FUNDING SOURCE: C ENGINEER s//j/o -L- Date Date NOTICED (Date): April 25, 2002 Ordinance No. 2323 Previous Council consideration: April 2, 2002; Resolution 02-20 C MMUNITY DEVELOPMENT DIRECT�R `) t4 OZ— Date H:ULUSS_('\STREEnVACA'1'1�'llry;inl Road\oid agcnda.doc - 1111;1111, Date 41 CITY OF LAKE OSWEGO COUNCIL REPORT TO: Douglas J. Schmitz, City Manager FROM: Joel Komarek, City Engineerg6x PREPARED BY: Russell Chevrette, Engineering Tech III SUBJECT: Public Hearing for Ordinance No. 2323; vacation of Bryant Road DATE: May 13, 2002 Action Requested Staff requests that the City Council enact Ordinance No. 2323, which would vacate the public interest in a small irregular area of public right of way on the east side of Bryant Road south of Upper Drive. The subject area is illustrated on the vicinity map attached as Exhibit A. Background On April 2, 2002, the City Council adopted Resolution 02-20, which set a date for a public hearing on the vacation of some surplus right of way on Bryant Road. The vacation proposal is city -initiated and related to the design work for signalizing the intersection of Bryant Road and Upper Drive. As pointed out in the staff report accompanying Resolution 02-20, the proposed vacation came about when the survey of the Bryant Road corridor revealed an excessive amount of unimproved right of way along the east edge of the road along the south end of tax lot 3600, and a deficiency of right of way at the north end of the same lot. The lot's owner, Randy Miller, suggested that since the two areas were approximately equal, he would be willing to dedicate the needed right of way i{'the City would vacate the surplus right of way and relocate his driveway from Bryant Road to Upper Drive. Analysis and Findings • The City of Lake Oswego has jurisdiction of Bryant Road, which was originally dedicated to the public as County Road #2352. 43 • The proposed vacation was advertised in the newspaper and the property was posted with two signs as required by law. • As of the date of this report, the City has received no inquiries or comments on the proposed vacation. • The City plans to signalize the intersection of Bryant Road and Upper Drive, which requires the acquisition of additional right of way from the owner of tax lot 3600. • The owner of tax lot 3600 has offered to dedicate the necessary right of way in exchange for the City's vacation of surplus right of way which would inure to tax lot 3600, and relocating the driveway on tax lot 3600 from Bryant Road to Upper Drive. • There is an abrupt jog in the subject right of way that is adjacent to tax lot 3600. The jog is incompatible with the present or future alignment of the roadway. The easterly portion of this jog is the subject of the proposed vacation • The proposed vacation should be extended to include an area along tax lot 3700 as well, to make a smooth transition to the remaining right of way. • The proposed driveway relocation would improve traffic flow and public safety. • The City should reserve a 5 -foot wide easement for buried traffic control equipment along the west edge of the westerly -most line segment of the vacated area. Conclusion: The proposed vacation is in the public interest, and the adjacent owners would not be economically damaged by the vacation. Recommendation: Move to enact Ordinance No. 2323. Attachments: Exhibit A, vicinity map Ordinance 2323 44 N 3 \ y. At'- r71 u T1 r l U p�piC,4UN 2 IE 08CC 3600 16600 BRYANT ROAD VACATED AREA 2 IE 08CC 3702 16652 BRYANT ROAD 2 1E 08CC 3700 16626 BRYANT ROAD +a1 tRK� DESIGN: DRAWN: CHECK: CITY OF LAKE OSWEGO BRYANT ROAD CORRIDOR STUDY RC GBK TT / SCALE: DATE: ENGINEERING SKETCH OF VACATION 1" = a0' MAY 2002 �DEPARTMENT SHEET DWG. FILE NO, ��ooN 1 OF 1 ST/21E06CC03600 3 3700 45 t ORDINANCE NO. 2323 A SPECIAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO VACATING A PORTION OF BRYANT ROAD SOUTH OF UPPER DRIVE. The City of Lake Oswego ordains as follows: Section 1: The City Council determines that: a. The City Council initiated the vacation of a portion of Bryant Road by adoption of Resolution 02-20. b. Notice required by law was given for the public hearing held May 21, 2002 for the purpose of considering the proposed vacation. C. A majority of the affected owners as defined by statute did not object in writing to the proposed vacation. d. The abutting properties will not suffer any economic damage by the proposed vacation. Section 2. The portion of Bryant Road generally described in Scction I of this ordinance is more specifically described on the attached Exhibit A. Section 3. The public interest in the right of way described in Section 2 is hereby vacated, except as described in Section 4 of this ordinance. Section 4. The City of Lake Oswego reserves a five foot wide easement for traffic control equipment along the west edge of the most westerly line segment of the area vacated by this ordinance. Section 5. The City Recorder shall file with the Clackamas County Clerk, Assessor and Surveyor certified copies of this ordinance. Read for the first time by title only at the regular meeting of the City Council of the City of Lake Oswego held on the 21st day of May, 2002. AYES: NOES: ABSTAIN: ABSENT: Judie Hammerstad, Mayor Date: Ordinance 2323, Page 1 of 2 47 ATTEST: Robyn Christie City Recorder APPROVED AS FORM: Ly S) David Powell, City Attorney STATE OF OREGON) Clackamas County ) The foregoing instrument was acknowledged before me on the day of 2002 by Judie Hammerstad, Mayor, and Robyn Christie, City Recorder, for the City of Lake Oswego. Notary Public; my commission expires Ordinance 2323, Page 2 of 2 �' H EXHIBIT "A" A tract of land located in the southwest quarter of Section 8, Township 2 South, Range 1 East of the Willamette Meridian, Clackamas County, Oregon, more particularly described as follows: Commencing at the northwest corner of Lot 1, Plat of Lake View Villas (Plat #339), plat records of Clackamas County, Oregon said point being at the intersection of the south right of way line of Upper Drive (County Road #1009) and the east right of way line of Bryant Road (County Road #2352); thence South parallel with the west line of said Section 8, along said east right of way line of Bryant Road, 86.71 feet, more or less, to an angle point in said right of way line, thence continuing along said east right of way line of Bryant Road, South 35° 30' East, 8.61 feet to a point which is 20.00 feet east of the west line of said Section 8 when measured perpendicularly, said point being the TRUE POINT OF BEGINNING of the herein described tract; thence continuing along said east right of way line of Bryant Road, South 3511 30' East, 71.55 feet, more or less, to an angle point in said right of way line; thence continuing along said east right of way line of Bryant Road, South 351 30' West, 57.35 feet, more or less, to the most northerly corner of that parcel described in deed to Linda L. Wagner, recorded in Clackamas County deed records Fee No. 78-35423; thence leaving said right of way line, North 100 08' 48" East, 46.71 feet, more or less, to a point on the centerline of said Bryant Road, said point being North 54° 30' West, 20.00 feet from the most southwesterly corner of that parcel described in deed to George W. & Elva Graves, recorded in Clackamas County deed records Book 401, Page 680; thence along the centerline of said Bryant Road, North 35° 30' East, 0.87 feet, more or less, to an angle point in said centerline; thence continuing along said centerline, North 351 30' West, 29.24 feet, to a point which is 20.00 feet east of the west line of said Section 8 when measured perpendicularly; thence North, parallel with the west line of said Section 8, 34.44 feet to the TRUE. POINT OF BEGINNING. H:VERRY_K\LEGALS\08CC3600 & 3700.DOC 4 :) CITY OF LAKE OSWEGO AGENDA REPORT SUMMARY MEETING DATE: May 21, 2002 7.2 05/21/02 SUBJECT: Ordinance No. 2324, vacating surplus right of way on West Sunset Drive RECOMMENDED MOTION: Move to enact Ordinance No. 2324. EST. FISCAL IMPACT: N/A STAFF COST: ATTACHMENTS: • Komarek Council Report dated 5/13/02 with attachments NOTICED (Date): April 25, 2002 • Ordinance No. 2324 Ordinance No. 2324 BUDGETED: Previous Council FUNDING SOURCE: consideration: April 2, 2002; Resolution 02-21 I Y ENGINEER CCfMfiAUNITY DEVELOPMENT CITY MA AGER DIRECTO Date Date Date ll:\Russ_c\S'rR[.F'nVACA'TE\Bryant Roa&ord agcnda.doc 51 CITY OF LAKE OSWEGO COUNCIL REPORT TO: Douglas J. Schmitz, City Manager FROM: Joel Komarek, City Engineer PREPARED BY: Russell Chevrette, Engineering Tech III SUBJECT: Public Hearing for Ordinance No. 2324, vacation of a portion of West Sunset Drive at the intersection of Boones Ferry Road DATE: May 14, 2002 Action Requested Staff requests that the City Council enact Ordinance No. 2324. Background On April 2, 2002, the City Council adopted Resolution 02-21, which set a date for a public hearing on the vacation of a triangular shaped area on West Sunset Drive at the intersection of Boones Ferry Road. The area designated for vacation is illustrated on the attached Exhibit A. The context for this proposal is the City's adoption of the West Lake Grove Design District circulation plan and the recently approved mixed use development, West Lake Grove Crossing, that depends on the vacated area for one of its building sites. The district plan and the specific development plan are attached as Exhibits B and C, respectively. West Lake Grove Crossing was approved with the following condition: "Prior to receiving any fiwther perinit approvals on the site (including compliance with conditions B -G, helow), the applicant/owner shall obtain City Council approval of the vacation of the portion of West Simset Drive as illustrated on Exhibit E18. " (Condition of approval A, case 1-11C LU 01- 0019.) The enactment of Ordinance No. 2324 will satisfy this condition of approval. The applicant's surveyor has supplied the legal description of the area that was illustrated on Exhibit E18. 53 Analysis Historic conditions: The subject right of way is 30 feet wide and it intersects Boones Ferry Road at an acute angle. The pavement in the triangular area was removed and West Sunset Drive was realigned perpendicularly to Boones Ferry Road as part of "the gap" project in the early 90's. The realignment was built on a tract of land that was acquired on behalf of the City by the Oregon Department of Transportation. The Design District plan was adopted in 1999, and it designated the surplus right of way (triangular area) as a potential development site. Existing conditions; improvements • The triangular area is currently landscaped with a few shrubs and small trees Tile adjacent, realigned roadway will be further improved with sidewalks, a parking bay, street trees, and a new traffic signal. The applicant will be dedicating additional right of way on West Sunset Drive and on Boones Ferry Road where wider pavement and sidewalks are needed. Utility issues: The Lake Grove Water District maintains a water line through the triangular area. The applicant will relocate the water line and any other conflicting utilities before the new building is constructed. In the interim, a utility easement must be reserved over the vacated area and subsequently extinguished by an administrative action. Reversion issues: Vacated right of way typically reverts in equal portions to the abutting lots on each side of the road. In this case, however, the applicant must obtain title to the entire right of way and a small fragment of the parcel the city acquired for the realignment project (the south tip of the triangle). Once the vacation ordinance is enacted, the City will convey its property interest in the portion that inures to the city owned parcel, roughly the south half of the triangle, by executing a separate instrument. Resolution 02-21 included a provision that authorized the City Manager to execute follow-up documents as necessary to carry this process to completion. Conclusion: The City's adoption of the Design District plan and the Development Review Commissions approval of the West Lake Grove Crossing development contingent on the proposed vacation are sufficient evidence that the proposal has been thoroughly reviewed and found to be in the public interest. Recommendation: Move to enact Ordinance No. 2324. Attachments: Exhibit A, vicinity map Exhibit B, West Lake Grove Design District plan Exhibit C, West Lake Grove Crossing site plan Ordinance 2324 54 1 �\ `\ W 111 DAVE R 1 2.. _.......... . -. ....-.........._....... .. ......... ., 8071 401 •` Teal W-im 1 �o o� z� � q® �• Lno Sq. a lb BE DEDICATED o x.,11 sq. \ � a � TO BE DEDICATED TD BE YACATM / 0 ca ------------ '4' ------ WEST SUNSET ��,_" , IRuA11t ....I TRANSPORTATION & CIRCULATION CONCEPT Left Tur to Parkh g Lots -4 ---- - --- - I - - I clslln� local J1 Was hinaeon Existing Signal FR -0 West Lake Grove Design District VACO= Lake Oswego, Or -ego" left Turnl no '�Medlan Exton i -Aces Ro way Madl.bnd, !cce Re -al a;; W West Prism, -- - -- -111 _ � � \,, \ Tra�fic, n a \1 No I. ft Now\Floaway\ \ \ Turre 'Pipet OtWe On.S6-et rkhl? 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A 0 ` smi I'-70• 220 216 ORDINANCE NO. 2324 A SPECIAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO VACATING A PORTION OF WEST SUNSET DRIVE AT BOONES FERRY ROAD. The City of Lake Oswego ordains as follows: Section 1: The City Council determines that: a. The City Council initiated the vacation of a portion of West Sunset Drive by adoption of Resolution 02-21. b. Notice required by law was given for the public hearing held May 21, 2002 for the purpose of considering the proposed vacation. C. A majority of the affected owners as defined by statute did not object in writing to the proposed vacation. d. The abutting properties will not suffer any economic damage by the proposed vacation. Section 2. The portions of the streets generally described in Section I of this ordinance are more specifically described on the attached Exhibit A. Section 3. The public interest in the right of way described in Section 2 is hereby vacated except as described in Section 4 of this ordinance. Section 4. The City of Lake Oswego reserves a temporary water line casement over the vacated area, said easement to be administratively extinguished at a later time pursuant to LOC 12.24 when the water line is relocated. Section 5. The City Recorder shall file with the Clackamas County Clerk, Assessor and Surveyor certified copies of this ordinance. Read for the first time by title only at the regular meeting of the City Council of the City of Lake Oswego held on the 21 st day of May, 2002. AYES: NOES: ABSTAIN: ABSENT: Ordinance 2324, Page 1 of 2 r61H Judie Hammerstad, Mayor Date of Signature ATTEST: Robyn Christie City Recorder APPROVED AS 70 David Powell, City Attor6ey STATE OF OREGON) Clackamas County ) The foregoing instrument was acknowledged before me on the day of 12002 by Judie Hammerstad, Mayor, and Robyn Christie, City Recorder, for the City of Lake Oswego. Notary Public; my commission expires Ordinance 2324, Page 2 of 2 62 EXHIBIT "A" A tract of land for street vacation, situated in the southeast one-quarter of Section 7, Township 2 South, Range 1 East of the Willamette Meridian, City of Lake Oswego, Clackamas County, Oregon, being a portion of West Sunset Drive, being more particularly described as follows: Commencing at the southwest corner of Lot 185, "Bryant Acres Plat 3," said southwest corner being on the northerly right of way line of West Sunset Drive; thence S 89 35'00" E along said right of way line 168.08 feet to the True Point of Beginning; thence continuing along said right of way line, S 89 35'00" E 76.11 feet; thence S 45 50'20" W 54.21 feet; thence N 44 09'40" W 53.42 feet to the True Point of Beginning. Containing 1,448 square feet. 61