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City Council Packet - 12/05/1988 . r w ' H f H F' TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an h REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS AGENDA - CATV sign-up sheet(s). If no sheet is available, DECEMBER 5, 1988, 5:30 P.M. ask to be recognized by the Chair at the start W TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are 13125 SW HALT. BLVD. asked to be to 2 minutes or less. Longer matters EH+ TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator. f 5:30 o STUDY SESSION: i a. Workshop Meeting with Park Board (5:30 - 7:00 p.m.) b. Agenda Review 7:30 1. BUSINESS MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items r 7:35 2. VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please) 7:40 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. i Motion to: 3.1 Approve Council Minutes - November 14, 1988 3.2 Receive and File: a. Council Meeting Calendar Update b. Department Monthly Reports (October): Library Police 3.3 Approve Final Order - Comprehensive Plan Amendment CPA 88-05 Zone Change ZC 88-11, Morse Brothers Inc. NPO #5 - Res. No. 88- 3.4 Approve Computer Software Contract Award and Authorize City Administrator to Sign on Behalf of the City. 3.5 Approve Municipal Pro Tem Judge Contract for Janise Augur; Pull Ken Bourne's Contract Until Further Action Can Be Recommended - Resolution No. 88- 7:45 4. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 88-15 LASELLE ANNEXATION NPO # 3 Request to annex 3 parcels consisting of 19.59 acres into the City of Tigard and to change the zoning designation from Washington County R-6 (Residential, 6 units/acre) to City of Tigard R-4.5 (Residential 4.5 units/acre) on WCTM 2S1 4DC lot 5900 and from Washington County R-6 to City of Tigard R-7 (Residential 7 units/acre) on WCTM 2S1 9A lots 1400 and 1501. LOCATION: North of Bull Mountain Road and west of 133rd Avenue (WCTM 2S1 9A lots 1400 and 1501; WCTM 2S1 4DC lot 5900). c Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed ` o Consideration By Council - Res. No. 88- Ord. No. 88- COUNCIL AGENDA - DECEMBER 5, 1988, - PAGE 1 7:55 5. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 88-14 ALLORI ANNEXATION NPO # 7 Request to annex 9 parcels consisting of 5.79 acres into the City of Tigard and to change the zoning designation from Washington County R-6 (Residential, 6 units/acre) to City of Tigard R-4.5 (Residential, 4.5 units/acre). Location: North of SW Walnut & west of SW 128th Ave. (WCTM 2S1 4AD, Lots 2400, 2500, 2600, 2601, 2700, 2800, 2801, 2900, and 4600). o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council - Res. No. 88- Ord. No. 88- 8:05 6. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 88-17 FYRE/MOORE ANNEXATION NPO # 3 t Request to annex 5.82 acres into the City of Tigard and to change the zoning i designation from Washington County R-6 (Residential 6 units/acre) to City of Tigard R-4.5 (Residential, 4.5 units/acre). Location: West of SW 121st Ave. and south of SW Tippitt Place (WCTM 2S1 3BC, lots 1100 & 1300). C 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 f.: o Consideration By Council - Res. No. 88- Ord. No. 88- 8:15 7. PUBLIC HEARING - TEMPORARY USE TU 88-86, VARIANCE V 88-31 KPSC/KEY BANK OF f:. OREGON NPO # 5 F Request for a Variance to allow an extension of time on a previously t- approved Temporary Use permit (TU 10-86) which granted the use of a mobile office trailer on property zoned C-P (Commercial Professional) for a maximum period of two years. Location: 7150 & 7190 SW Sandburg Road (WCTM 2S1 IDC, lot 3800 and 3900). y' r o Public Hearing Opened is o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff f' o Council Questions Or Comments o Public Hearing Closed € o Consideration By Council: Res. No. 88- 8:25 8. NOISE ORDINANCE REVISION - DISCUSSION w: 8:55 9. NON-AGENDA ITEMS: From Council and Staff F 9:00 10. 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 11. ADJOURNMENT i cw/7649D COUNCIL AGENDA - DECEMBER 5, 1988, - PAGE 2 y AGENDA UPDATE - TIGARD CITY COUNCIL MEETING December 5, 1988 o STUDY SESSION: a. Workshop Meeting with Park Board Update on priority listing of park projects with focus on Cook, Fanno Creek and Summerlake Parks. Consensus was to delay financing issue from March election; consider November 189 election. Discussed was need for detailed review of ongoing maintenance costs associated with proposed improvements. b. Agenda Review 1. BUSINESS MEETING: 1.1 Call To Order and Roll Call Br & Jo absent 2. VISITOR'S AGENDA None 3. CONSENT AGENDA: 3.1 Approve Council Minutes - November 14, 1988 3.2 Receive and File: a. Council Meeting Calendar Update b. Department Monthly Reports (October): Library Police 3.3 Approve Final Order - Comprehensive Plan Amendment CPA 88-05 Zone Change ZC 88-11, Morse Brothers Inc. NPO #5 - Res. No. 88-105 3.4 Approve Computer Software Contract Award and Authorize City Administrator to Sign on Behalf of the City. 3.5 Approve Municipal Pro Tem Judge Contract for Janise Augur; Pull Ken Bourne's Contract Until Further Action Can Be Recommended - Resolution No. 88-106 4. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 88-15 LASELLE ANNEXATION NPO # 3 Request to annex 3 parcels consisting of 19.59 acres into the City of Tigard and to change the zoning designation from Washington County R-6 (Residential, 6 units/acre) to City of Tigard R-4.5 (Residential 4.5 units/acre) on WCTM 2S1 4DC lot 5900 and from Washington County R-6 to City of Tigard R-7 (Residential 7 units/acre) on WCTM 2S1 9A lots 1400 and 1501. LOCATION: North of Bull Mountain Road and west of 133rd Avenue (WCTM 2S1 9A lots 1400 and 1501; WCTM 2S1 4DC lot 5900). o Public Hearing Opened o Public Hearing Closed o Consideration By Council - Res. No. 88-107 Ea/Sc UA; Ord. No. 88-34 Ea/Sc UA COUNCIL AGENDA - DECEMBER 5, 1988, - PAGE 1 v 5. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 88-14 ALLORI ANNEXATION NPO # 7 Request to annex 9 parcels consisting of 5.79 acres into the City of Tigard and to change the zoning designation from Washington County R-6 (Residential, 6 units/acre) to City of Tigard R-4.5 (Residential, 4.5 units/acre). Location: North of SW Walnut & west of SW 128th Ave. (WCTM 2S1 4AD, Lots 2400, 2500, 2600, 2601, 2700, 2800, 2801, 2900, and 4600). o Public Hearing Opened o Public Hearing Closed o Consideration By Council - Res. No. 88-108 Ea/Sc UA; Ord. No. 88-35 Ea/ScUA 6. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 88-17 FYRE/MOORE ANNEXATION NPO # 3 Request to annex 5.82 acres into the City of Tigard and to change the zoning designation from Washington County R-6 (Residential 6 units/acre) to City of Tigard R-4.5 (Residential, 4.5 units/acre). Location: West of SW 121st Ave. and south of SW Tippitt Place (WCTM 2S1 3BC, lots 1100 & 1300). o Public Hearing Opened o Public Hearing Closed o Consideration By Council - Res. No. 88-109 Ea/Sc UA; Ord. No. 88-36 Ea/Sc UA 7. PUBLIC HEARING - TEMPORARY USE TU 88-86, VARIANCE V 88-31 KPSC/KEY BANK OF i OREGON NPO # 5 i Request for a Variance to allow an extension of time on a previously approved Temporary Use permit (TU 10-86) which granted the use of a mobile office trailer on property zoned C-P (Commercial Professional) for a maximum period of two years. Location: 7150 & 7190 SW Sandburg Road (WCTM 2S1 1DC, lot 3800 and 3900). r o Public Hearing Opened o Public Hearing Closed o Consideration By Council: Motion: Ea/Sc UA - Approve one-year extension. 8. NOISE ORDINANCE REVISION - DISCUSSION Staff to gather information - Ordinance Consideration in February 9. NON-AGENDA ITEMS: From Council and Staff Sc commended results of Christmas Tree Lighting Ceremony he would like ' to continue next year. Ed thanked all who helped: Chamber of Commerce, local businesses and City Staff. k 10. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at E 9:30 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. 11. ADJOURNMENT: 11:52 p.m. y cw/7649D f s 4 I COUNCIL AGENDA - DECEMBER 5, 1988, - PAGE 2 14 T I G A R D C I T Y C O U N C I L REGULAR MEETING MINUTES - DECEMBER 5, 1988 - 6:30 P.M. 1. ROLL CALL: Present: Council President: Gerald Edwards, Councilors: Carolyn Eadon, and John Schwartz (arrived 5:55 PM); Also Present: Councilor-Elect, Joe Kasten. City Staff: Pat Reilly, City Administrator; Janice Deardorff, Personnel Director (present for Executive Session meeting); David Lehr, Chief of Police (present for Executive Session meeting); Keith Liden, senior Planner; Jill Monley, Community Services Director; Ed Murphy, Community Development Director; Liz Newton, Senior Planner; and Catherine Wheatley, Deputy City Recorder. 2. WORKSHOP MEETING WITH PARK BOARD a. Park Board Members Present: Dan Graham, Chairman; Mariann Bither, Carolyn De Frang, Jeffrey Hepler, C. "Bud" Hillman, Suzanne Schrag, Sheldon Scolar, and Steve Slabaugh. b. Chairperson, Dr. Daniel Graham, called the workshop meeting to order at 6:42 PM. Dr. Graham outlined the agenda items which would be discussed during the workshop. He noted that the Park Board developed a Master Plan in conjunction with Murase and Associates for three City-wide parks (Summerlake Park, Fanno Creek Park, and Cook Park). Dr. Graham noted that City Council had asked the YaL•k Board to suggest a capital improvement project list for approximately $1,000,000. He distributed to Council a Park Levy "A" List and a Park Levy "B" List which outlined the capital improvement projects as suggested by the Park Board. He also noted that a "C" List was informally prepared which denoted the cost of completion of the entire Master Plan. } r C. Joe Percival of Murase and Associates reviewed the Master Plan and outlined the costs associated with the suggested C. improvements. Some of the improvements were as follows: i Summerlake Park: o Area for natural wooded location for a wildlife stop. o Picnic areas, i.e., open structures for rental for groups to meet (meeting places are needed in the area). o Establish a children's area. o Tennis courts o Basketball courts t Fanno Creek Park: k, o This park was part of the metropolitan network of trails which runs through Washington County. o it was suggested that the natural character of the parx be maintained %with some enhancement) with the exception of a i Page 1 - COUNCIL MINUTES - December 5, 1988 F' 1 water garden near the City Hall portion of the park. o A trail would be made from one end to the other. o The Ash Street extension would go through the park. o An amphitheater and public square was proposed for the Main Street end of the park. Cook Park: (Mr. Percival noted that four baseball fields as shown in the plans were not part of the park but were being developed by a private individual for tournament play.) o Establishment of a wetland area. o Reconfiguration of the road. o Realignment of the Little League fields. o Installation of a concession stand. o Provision of a bandstand area. o Improvement of the playground area with a spray pool and tot lot. o Improvement of the the Mary Woodward Memorial Grove. o Enhancement of the hiking trails. o Improvement of the picnic areas. o Establishment of a picnic area by the riverfront. Mr. Percival noted that the Tualatin River is the only river in the metropolitan area which was not overused; in fact, it has been underused. d. Dr. Graham reviewed the greenway path system which was also being proposed noting how it would network throughout the community. e. Total Costs: Park Levy "A" List - $1,267,000 Park Levy "B" List - $1,644,417 Option C (Everything in the Master Plans) - $4,233,000 If the voters approved: Park Levy "A" List - approximate cost per household would be $11.30 per year Park Levy "B" List, approximate cost per household would be $19.00 per year Option C List - approximate cost per household would be $50.00 per year f. Discussion followed concerning what the citizens of Tigard would support. Dr. Graham noted that the Park Board had attended several neighborhood meetings and received strong support. Additional education was needed throughout the City. Councilor Eadon noted concern over some other money issues which may surface in the near future. She referenced the possible Page 2 - COUNCIL MINUTES - December 5, 1988 dollar impact on Tigard residents should DEQ mandate the clean up of the Tualatin River. There was lengthy discussion on the education process and whether or not the Park Board would feel prepared to back a levy proposal for the March election. Council discussed their concerns over ongoing maintenance costs which would be inherent should the improvements be put in place. After discussion, Council consensus was they would want to review information concerning maintenance. For example, if improvements were made for either the "A" or "B" list, what additional maintenance dollars would be involved. The Park Board would meet with Council in April to present maintenance expense information. Also a time schedule for a possible park levy presentation on the November 1989 ballot could be reviewed. The Park Board Workshop adjourned at 7:20 PM. 3. AGENDA REVIEW a. Staff clarified questions on Consent Agenda Item 3.4 Computer Software. In response to a question. by Councilor Schwartz, Community Development Director advised that this software program purchase was designed to improve recordkeeping efficiency and the cost would be recovered within two to three years. He noted that the proposed computer software could become part of the networking system if the networking system was implemented. . Community Development Director clarified that the software would be maintained in-house. 4. EXECUTIVE SESSION: The Tigard City Council went into Executive Session under the provisions of ORS 192.660 (1) (d), (e), and (h) to discuss labor relations, real property transactions, and current and pending litigation issues. COUNCIL RECONVENED AT 7:31 PM 5. VISITOR'S AGENDA - There were no visitors present. 6. CONSENT AGENDA: 6.1 Approve Council Minutes - November 14, 1988 6.2 Receive and File: a. Council Meeting Calendar Update b. Department Monthly Reports (October): Library Police 6.3 Approve Final Order - Comprehensive Plan Amendment CPA 88-05 Zone Change ZC 88-11, Morse Brothers Inc. NPO #5 - Resolution No. 88-105 6.4 Approve Computer Software Contract Award and Authorize City Administrator to Sign on Behalf of the City. Page 3 - COUNCIL MINUTES - December 5, 1988 6.5 Approve Municipal Pro Tem Judge Contract for Janise Augur; Pull Ken Bourne's Contract Until Further Action Can Be Recommended - Resolution No. 88-106 Motion by Councilor Eadon, seconded by Councilor Schwartz, to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. 7. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 88-15 LASELLE ' ANNEXATION NPO # 3 i Request to annex 3 parcels consisting of 19.59 acres into the City of } Tigard and to change the zoning designation from Washington County R-6 (Residential, 6 units/acre) to City of Tigard R-4.5 (Residential 4.5 units/acre) on WCTM 2S1 4DC lot 5900 and from Washington County R-6 to City of Tigard R-7 (Residential 7 units/acre) on WCTM 2S1 9A lots 1400 and 1501. LOCATION: North of Bull Mountain Road and west of 133rd Avenue (WCTM 2S1 9A lots 1400 and 1501; WCTM 2S1 4DC lot 5900). J, f' f, a. Public hearing was opened. b. There were no declarations or challenges. E C. Senior Planner Liden summarized that the annexation request consisted of three parcels totaling 19.59 acres contiguous to the City of Tigard. All of the land was located within Tigard's area of interest. The proposed resolution and ordinance were written to change the zone designation from Washington County R-6 to City of Tigard R-7 in conformance with the City's adopted I Comprehensive Plan. Senior Planner noted that a letter was submitted in Council packets from Beverly Froude (CPO #4) which indicated concerns. A copy of this letter has been filed with the Council packet material. d. Public Testimony Proponents o John Brosy, David Evans & Associates, 2626 SW Corbett Avenue, Portland, Oregon 97201, agreed with the staff report as submitted to Council and urged Council to approve the annexation proposal and forward it to the Boundary Commission. Opponents o Dean Coy, 13580 SW Bull Mountain Road, Tigard, Oregon 97224, noted he was against the annexation and said he felt it would have a negative impact on property, values in the area. He also noted concerns with increased density. Councilor Eadon clarified this annexation proposal would not change the density significantly as the proposed zoning was similar to what the property was currently zoned in Washington County. Page 4 - COUNCIL MINUTES - December 5, 1988 Mr. Coy expressed concerns over transportation issues stating that the the road was not adequate for buildout as zoned. Councilor Schwartz advised the road issue would be reviewed during another process; i.e., when and if the property was proposed for development. e. Recommendation by Community Development staff. Senior Planner Liden noted that staff recommended approval of the annexation, to forward the resolution to the Boundary commission, and to assign plan and zone designations to the property in conformance with the Comprehensive Plan. f. Public hearing closed. g. RESOLUTION NO. 88-107 A RESOLUTION INITIATING ANNEXATION To THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED. (ZCA 88-15) (LASSELLE). Motion by Councilor Eadon, seconded by Councilor Schwartz, to adopt Resolution No. 88-107. The motion was approved by unanimous vote of Council present. h. ORDINANCE NO. 88-34 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 88-15) (LASSELLE) AND DECLARING AN EFFECTIVE DATE. Motion by Councilor Eadon, seconded by Councilor Schwartz, to adopt ordinance No. 88-34. The ordinance was adopted by a unanimous vote of Council present. 8. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 88-14 ALLORI ANNEXATION NPO # 7 Request to annex 9 parcels consisting of 5.79 acres into the City of Tigard and to change the zoning designation from Washington County R-6 (Residential, 6 units/acre) to City of Tigard R-4.5 (Residential, 4.5 units/acre). Location: North of SW Walnut & west of SW 128th Ave. (WCTM 2S1 4AD, Lots 2400, 2500, 2600, 2601, 2700, 2800, 2801, 2900, and 4600). a. Public hearing was opened. b. There were no declarations or challenges. C. Summation by Senior Planner Liden: The annexation request consisted of 9 parcels totaling 5.79 acres contiguous to the City of Tigard. All of the land was located within Tigard's active planning area and within the recently created "Walnut Island." Senior Planner Liden advised that the City of Tigard was sponsoring the annexation request because it was within the active planning area. He noted the City was not obligated to apply the most compatible zone to the County zone because it was within this active planning area. Page 5 - COUNCIL MINUTES - December 5, 1988 d. Public Testimony: o Richard Allori, 12949 SW Walnut Street, Tigard, Oregon 97223, advised this area should be annexed. He noted his reasons for requesting the annexation were to be able to hook into the sewer line and that he felt there would be more police protection available. He asked for favorable consideration of the annexation request. o Pauline Petterson, 12921 SW Walnut Street (Tax Lot 2601), Tigard, Oregon 97223, requested that the zone change be reconsidered to an R-2 designation noting that lots nearby were half-acre in size. Mrs. Petterson also requested that the existing barricade on S.W. 129th remain and the road not be opened. o Gregory B. Hickert, 12470 SW 129th, Tigard, Oregon 97223, noted that he was not opposed to the annexation; however, he would like the street to remain a dead-end street. o Kirk Sellman, 12465 SW 129th, Tigard, Oregon 97223. Mr. Sellman advised he was also concerned about 129th remaining a dead-end street. He noted the safety factor in consideration of children in the area. o Thomas D. Hannah, 12475 SW 129th, Tigard, Oregon 97223 Mr. Hannah also requested that S.W. 129th Street remain as a dead-end. o Robert W. Kempter, 12480 SW 129th, Tigard, Oregon 9722'.:, testified he would not like S.W. 129th Street to go through. He noted he moved to this location because of the cul-de-sac type of neighborhood. He asked who would pay for any improvements. e. Council Discussion: Request for R-2 zoning: Senior Planner advised assignment of R-2 zoning was permissible. Mr. Allori advised that he would prefer that the proposed zoning of R-4.5 remain in the annexation proposal. Road Issue (i.e., remain as dead end & possible improvement): Senior Planner Liden noted the road was made of gravel and was below city standards (considered to be a "private drive"). The City maintains streets after they have been brought up to minimum standards. The initial improvement which would bring the road up to minimum standards would generally be paid for by adjacent property owners either at the time of development (i.e., half-street improvements) or via a Local Improvement District. Senior Planner Liden noted that the private drive was limited as to how many residences it could service; however, a variance could be requested. Page 6 - COUNCIL MINUTES - December 5, 1988 f. Recommendation by Community Development staff. Senior Planner Liden noted staff recommended adoption of the proposed resolution and ordinance to forward the annexation to the Boundary Commission and to assign plan and zone designations to the property in conformance with the Comprehensive Plan. g. Council questions or comments. Councilor Schwartz asked if all the residents identified in the area had indicated positive feelings towards the annexation. Senior Planner Liden noted that he had not heard from all of the residents in the area; however, they had received notice of the public hearing and no objections had been received. Councilor Eadon commented on the transportation issue. She noted she appreciated the neighbors' concern that this would not become a through-street; however, they would not be assured this street remain as a dead-end even if the area remained in the County. She noted the decision concerning the street could be dealt with in another process. Council President Edwards advised he was familiar with this portion of S.W. 129th Avenue and the street would probably require maintenance and upkeep. He also noted he could understand the neighbors' desire to change the zone to R-2 and staff should offer assistance to the neighbors on the R-2 zoning issue. h. Public hearing was closed. i. RESOLUTION NO. 88-108 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED. (ZCA 88-14) (ALLORI). j. Motion by Councilor Eadon, seconded by Councilor Schwartz, to adopt Resolution No. 88-108. The motion was approved by unanimous vote of Council present. k. ORDINANCE NO. 88-35 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 88-14) (ALLORI) AND DECLARING AN EFFECTIVE DATE. 1. Motion by Councilor Eadon, seconded by Councilor Schwartz, to adopt Ordinance No. 88-35. The motion was approved by unanimous vote of Council present. 9. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 88-17 FYRE/MOORE ANNEXATION NPO # 3 Request to annex 5.82 acres into the City of Tigard and to change the zoning designation from Washington County R-6 (Residential 6 units/acre) to City of Tigard R-4.5 (Residential, 4.5 units/acre). Location: West of SW 121st Ave. and south of SW Tippitt Place (WCTM 2S1 3BC, lots 1100 & 1300). Page 7 - COUNCIL MINUTES - December 5, 1988 i( t t i f a. Public hearing was opened. t' b. There were no declarations or challenges. f. r t C. Summation by Senior Planner Liden: The annexation request consisted of two parcels totaling 5.82 acres contiguous to the i City of Tigard. The annexation was requested by two petitioners who were owners of the parcels. All the land was located within Tigard's active planning area and lies within the recently created "Walnut Island." Staff proposed that Council forward the annexation request through resolution and approve the ordinance which would change the zoning designation from Washington County R-6 to City of Tigard R-4.5 in conformance with the City's adopted Comprehensive Plan. f 1 Senior Planner Liden noted receipt of two letters in opposition to the annexation proposal. These letters were from Mrs. Earl E. Busby, 12745 SW 121st, Tigard, Oregon 97223, and from John and Georgia Reed, 12795 SW 121st Avenue, Tigard, Oregon 97223. 7 (These letters have been filed with Council packet information.) d. Public Testimony o Erroyl Hawley, 12450 SW Walnut, Tigard, Oregon 97224, testified his property was adjacent to the proposed parcels being considered for annexation. In response to Mr. Hawley's concerns, Councilor Edwards noted that the City was not actively pursuing annexation of properties; the reference in qff the staff report noting this was a City-sponsored annexation referred to the fact that the City paid the fees associated with annexation requests within the active planning area. e. Recommendation by Community Development staff. Senior Planner Liden advised staff recommended council adopt the proposed resolution and ordinance to forward the annexation to the Boundary Commission and to assign a plan and zone designations to the property in conformance with the Comprehensive Plan. f. Public Hearing was closed. g. RESOLUTION NO. 88-109 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED. (ZCA 88-17) (FYRE/MOORE). h. Motion by Councilor Eadon, seconded by Councilor Schwartz, to adopt Resolution No. 88-109. The motion was approved by unanimous vote of Council present. i. ORDINANCE NO. 88-36 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (2CA 88-17) (FYRE/MOORS) AND DECLARING AN EFFECTIVE DATE. j. Motion by Councilor Eadon, seconded by Councilor Schwartz, to adopt Ordinance No. 88-36. The motion was approved by unanimous vote of Council present. Page 8 - COUNCIL MINUTES - December 5, 1988 10. PUBLIC HEARING - TEMPORARY USE TU 88-86, VARIANCE V 88-31 KPSC/KEY BANK OF OREGON NPO # 5 Request for a Variance to allow an extension of time on a previously approved Temporary Use permit (TU 10-86) which granted the use of a mobile office trailer on property zoned C-P (Commercial Professional) for a maximum period of two years. Location: 7150 & 7190 SW Sandburg Road (WCTM 2S1 1DC, lot 3800 and 3900). a. Public hearing was opened. b. There were no declarations or challenges. C. Summation by Senior Planner Liden: This was a request for a variance to extend a previously approved Temporary Use request beyond the Code-mandated maximum of two years. The Temporary Use was for a mobile office trailer which would provide emergency space while Key Bank prepares to relocate on SW 69th Avenue. The Variance request would allow more than one extension and to allow an extension in excess of one year. Senior Planner Liden noted Key Bank was constructing a new building which should be completed around September of 1989. He noted staff was recommending approval of the extension of the permit which would expire in December, 1989. d. Public Testimony o Lans Stout, Mackenzie/Saito & Associates, 0690 SW Bancroft, Portland, Oregon. Mr. Stout noted his clients were requesting 4F the extension for the Temporary Use permit through the fall of 1989 and he was in agreement with the staff's recommendation. He advised this extension, if granted, should be well within the needs of his client. e. Council discussion: There was consensus among Council that they would be in favor of this extension since the bank's building was under construction. Council members cautioned this action should not be construed as precedent-setting for extending Temporary Use permits; their support of the request was based on the fact that there had been a good faith effort by the applicant to construct their building. f. Public hearing was closed. g. Motion by Councilor Eadon, seconded by Councilor Schwartz, to approve the extension of the Temporary Use for one year based on the fact that the new building was currently under construction. Motion was approved by unanimous vote of Council present. 11. NOISE ORDINANCE REVISION DISCUSSION j` a. Community Development Director summarized the history of haw the noise ordinance issues came about. Due primarily to the recent noise problem experienced at Tigard Marketplace, City staff was asked to reevalutate the current City noise ordinance. Submitted r in the Council packet was a memorandum from Senior Page 9 - COUNCIL MINUTES - December 5, 1988 Y' Planner Liden which was attached to the Council Agenda Item Summary Sheet dated December 5, 1988. Community Development Director noted several options were Ask, available to the Council. These options included: 1. Keep the present noise ordinance. 2. Adopt DEQ's standards. 3. Adopt standards which were more strict than DEQ's. Staff reviewed with Council several noise levels which were acceptable at different locations. Community Development Director noted that no cities in Oregon were stricter than 45 decibels (dB). Community Development Director noted that if the City adopts the DEQ standards, then DEQ would enforce the standards; however, if the City deviates from the DEQ standards, then the City would be responsible for all enforcement. He advised the City of Ashland did a mixture wherein they adopted an average and a maximum decibel level. Community Development Director reported staff had not taken actual readings but had visited specific locations to determine whether or not the noise levels appear to be acceptable. Cal Woolery, 14150 SW 150th, noted he lived in the area of CPO #4 and NPO #7 and advised his neighborhood had been severely impacted by the Morse Brothers Progress Quarry. Mr. Woolery suggested that specific standards be adopted. He noted that the quarry now was approximately 55-60 dB. He urged Council to look closely at this problem. Dick Uphoff, 10225 SW Hill View, Tigard, Oregon 97224, questioned how and where the noise was measured. Community Development Director noted that the noise was measured 25 feet from where the noise sensitive structure was located (i.e., 25 feet from the residences). City Attorney advised that the City probably could not require existing businesses to come into compliance with new standards. City Attorney noted the legal question concerning Tigard Marketplace was: Have their own conditions been violated? Council noted there was a need for a review of the noise ordinance in ordt= assure businesses and residential areas would be be compatible since it was likely there would be more redevelopment and infill occuring in the City. Council consensus was for staff to continue to gather data and research alternatives utilizing information from other communities. Staff would return to Council with an ordinance proposal in February. 12. NON-AGENDA ITEMS a. Councilor Schwartz commended participants on the outcome of the Christmas Tree Lighting Ceremony. He noted he would like to see more publicity for this event next year. Page 10 - COUNCIL MINUTES - December 5, 1988 r c 1 Council President Edwards thanked the Chamber of Commerce, the businesses which were involved; and City staff for their i- participation in this event. 13. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 9:19 PM under. the provisions of ORS 192.660 (1) (d), (e), and (h) to discuss labor relations, real property transactions, and current and pending litigation issues. k 14. ADJOURNMENT: 11:52 PM 4 i' Approved by the Tigard City Council on January 9, 1989. s. f ~d S Deputy City Recorder--City of Ti rd ATTEST: Mayor - City of Tigard cw/8435D F F Page 11 - COUNCIL MINUTES - December 5, 1988 TIMES PUBLISHING COMPANY P.O. BOX 370 PHONE (503) 684-0360 Notice 7 - 6 7 7 9 BEAVERTON, OREGON 97075 . L'41..j Legal Notice Advertising CITY OF TIGARD 0 13 Tearsheet Notice DEC 1988 0 MAIN ACCOUNT 0 ❑ Duplicate Affidavit n "Aor) PO BOX 23397 * TIGARD, OR 97223 0 AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I, ELAINE PETROGEORGE being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the TTaARn TTMER a newspaper of general circulation as defined in ORS 193.010 and 193.020; published 0I-1-GARD in the aforesaid county and state; that the CITY COUNCIL MEETING NOTICE a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: DEC. 1, 1988 Sub3cribed and sworn to fore me th- Dec. 2, 1988 &t try Public for Oregon My Commission Expires. 9 / 2 0 / 9 2 ' t►4"follbvring selected 4gendar ecf,, ~oiY pr,;, 0 n AFFIDAVIT Further infdrmatton antltull>}ige ~ It" N i►t&inect lroetYty ti `der,;13125 SW Hail Blvd.,psid, Ore on 97223 or b'cltt 8(39.41 r' ~ CITY G`OLTN~STL,ItFt ME Es-"-'If ERyS; 988 3 ~y 6 3Q~~ ,Maid ,Iteulareeting ;=''IiIIGAI; I!'~CIVIC~CENTER; T0, " 13125>SW ~iALTs 1~1LEVARD ;~TY(ir A y,. My~~ } 1 v or, op Wtfh r~l W 1 i 1 j? y: ! PUN ,t 'I.81;a1 L ( l~o'~afr'Bni1~1Vt x 'd ~ 3~d= morel~~tia ~rvf &e 1 r. Tepo 1s'e«il ( a.7 I~ s y.. 'U TIMES PUBLISHING COMPANY Legal 7_(773 P.O. BOX 370 PHONE (503) 684.0360 Notice BEAVERTON, OREGON 97075 s fix.` r,( r~'>~ n~k aw "'F. Legal Notice Advertising s 9ITY OF TIGARD • ❑ Tearsheet Notice PO BOX 23397 4 • • ❑ Duplicate Affidavit ;PUi3LIC:liEARi)Y,G NOTICE fit ,Y t 3< t s p TIGARD, OR 97223 r a t. The following will be considered by the Tigard City' Council"on ei6 ber5 • • r 1988, at, 7 30 Boulevard, TP igMar: da, t Tigard Cvic CenteTown Hall Room„13i25 SWHall OreggnjFurthei information maybe obtafined fromythe: Community Developmenf;Direcfiir: or, City`Recorder.at the°Same loci~tbn or by caliiag 6394171 You'are myiled to submit written testimonyja ad, ce` 1y of the public hearing, written $ad oral,testimonywo be' nsldered;;.a jhe hearingr~The public hearmg an11' be conducted'in accordance with the. AFFIDAVIT OF PUBLICATION appfi~abte Chapter Is.32 of the Tigard MumcipaKode and anyriiles Of-. i pmeedure adopted by4the COUdcflpand available of City H91-1 STATE OF OREGON, ) r r x A 2 L r ZONE CHANGE` ANNEXATION ZCA 88.14 ALL, ' 1' ANNE "0 TION sr OF WASHINGTON, )ss' y~~ '~7L1- Y, ;,:s +~Z,> 14a A "'r ,Yys r'4 ~h .,Xa S T A T TT 17 o T m n n r_ En R r_ F Request io annex 9 tp Tpels consisting of 5 ~3'acres into the City of ~Sgard _ being first duly sworn, depose and say that I am the Advertising and to.dhange,the zoiiiag designat<on from Washington Couht~ It-gp(Resi Director, or his principal clerk, of the TT r n n T T MR dential, 6 umts/acre) to' City of Tigard R-4 5 (Residential,;;4 5 unit a re) ,12$th~,wat fa4i 7S , circulation as defined in ORS 193.010 _Location Nor ,,yVyalnut and,.W6t4f SW, a newspaper of general th t and 193.020i Published at T T G A R D in the ~ dots 2400s$500; 0~g01 2/00, 2800 ,0W'2900Ban~~00~ aforesaid county and state; that the ZaO1NE CHAi`iGE ANNEXATION ZCA 8815;LASSELLE A..~~NNE~i~1 NNPo TnARTNl~ NOTICE } ;#3 t i.5 1•ITZyJ.t~ t^L. PT1RT T(~1, r r, v a printed copy of which is hereto annexed, was published in the Requestao annex 3 parcels consisting of 19 59 acres into;the tyLTlgard and to c$ange the zo. 9 designation from Vashingtoa~Couq~-li REsi dentiel; 5 7lnits/acre 61 '1. fo;Cit B~ y,oiTigardR' n(Re§idenal ti!aeie) entire issue of said newspaper for ONF successive and arhotli ~MountatnRoad~u}d~~5aftSi d ~1►eDe consecutive in the following issues: CT14L.'lS 9 ots Od and 101 WCTM.a25lbC to X30): NOV. 2 1988 L :ZONE CHAD(GE A iVI~tE)CATION ZCA 88 I7. FYRE/MARE " yTIO~T f 'NPO #3 5e y Y S y ti't V aR t F r Request to annex 5,82 acres Into the City o1'Tigard and to Change ehe 7Aning designation~frQfn a$hmgtodSCognty R-6 (Re9i enfial 6'ur~t`s/~ tre}~~City oi`Tigar$~R ;5tResidenHal, 4 nits jecre) cgflon West bfaSOYi5t LyLC ' r/Ave srtd outh~b SW~Tippitl Piace~~Wi M;2~13 lots 110ol-, 4Z 'TEMPORARUSEi[I,88-86„ VARICE it 8>31 IPSO 33SANK*0 n AREGON NPOl#~ " f 4t cribed and sworn Nov. 25, 17 to re me this RequesEwfocka'Variahce?ta a71o1v an "exten"sion PMme pious y approved ~empor$r°~$ se ~ermitTUn Q~6wlchite~pf' r7 Y'S ^rt , ~ !HNZu V, r ar rtyrzo P (Conterciali r to . )for mokile ofRc=M1 - o `~~1: O Swa6dbur6oad ;a~maxlm ,ok^ty~o years N N ublic for Oregon (gYMr?1 ibC,°lot 3890'nnd ' ]t - :_i A ¢uv R "D t .,a H3`G., t~ ,~y3w~~'.J fdr'-i' . ,J 4M.: My Commission Expires: 9 / 2 0 / 9 2 TT6773 =Pub Nov 23~t1988k r~~ r~~ .ri. :3i AFFIDAVIT n_ CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed I-% r G'i Ct 0105 - EF an d ~~-3 Co STATE OF OREGON ) County of Washington ) ss City of Tigard ) 4;/,0 S o~''i I , / < C< lr e 6 an -eat-H, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) which were adopted at the Counci Meeting dated IQ IslSg copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the -5' day of 1983x. 1. Tigard Civic Center, 13125 S.W. Hall Blvd., Tigard, Oregon. 2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon 3. Safeway Store, Tigard Plaza, S.W. Hall Blvd., Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and S.W. Durham Road, Tigard, Oregon .`~ub'scribrrd and sworn to before me this day of 1! Notary Public for Orego / My Commission Expires: A Y. t IMP, AGENDA.ITEM # 2 VISITOR_'S,':AGENDA DATE 12/5/88 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NIAME & ADDRESS TOPIC STAFF CONTACTED i DATE 12/5/88 I wish to testify before the Tigard City Council on the following-item: (Please print the information) Item Description: ~AGENDk-ITEM •No. 4 BLIC HEARING - ZONE CHANGE. ANNEXATION - ZCA 88-15 LASELLE ANNEXATION - NPO #3 Proponent (For Issue) Opponent (Against Issue) ame, Address and Affiliation Name Address and Affili on DATE 12/5/88 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: AGENDA ITEM NO. 5 - PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 88-14 ALLORI ANNEXATION NPO #7 at*~t**~k~ir~k~***ie***ic****ic4c*~i~~ie~***ak~Y*** ******~k**********iF*~~~Y*~k****~t*********9e** Proponent (For Issue) Opponent (Against Issue) t Name, Address and Affiliation Name, Address and Affiliationpp " 12-L170 S.W. /ZR G(~' r ~ (ili 1 ~ tai W. Plk, ev Z4kO S6v 12q(~~ DATE 12/5/88 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: AGENDA- ITEM N0. 6 PUBLIC- HEARING - ZONE CHANGE ANNEXATION ZCA 88-17 FYRE/MOORE ANNEXATION NPO #3 Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation - W6 u~L 1 Z4,s`U S r c~ lirr~C i✓ K-f K %~o/ DATE 12/5/88 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: AGENDA ITEM NO. 7 - PUBLIC HEARING - TEMPORARY USE TU 88-86, VARIANCE V 88-31 KPSC/KEY BANK OF OREGON NPO #5 ent (For Issue-) ` Opponent (Against Issue) Prop ofi /Name, Address and Affiliation`--,,,-` Name, Address and Affiliation J1/1/JG LC /yt QSSv C GY~gv S~cJ ~~F=r d~-Tt-i~n~• 5*u ~ j Secs e OY-1 MEMORANDUM CITY OF TIGARD, OREGON t i TO: Honorable Mayor and City Council DATE: November 22, 1988 FROM: Members of the Park and Recreation Board SUBJECT: Council/Park and Recreation Board Workshop of December 5, 1988 As you are well aware, the members of the Park and Recreation Board have been working with Murase and associates over the last four months to develop Master Plans for the three city-wide parks. The consultant's work is nearly complete. The Park and Recreation Board members are enthused with the results and eager to present the plans to the City Council. Reduced copies of the plans are attached. f. As part of the Master Plan process, Phase I project lists were developed by ! the consultant for each of the three parks and recommended to the Board. After reviewing the Phase I projects, the Board made modifications and. developed a Phase I list with a price tag of approximately $1,000,000.00. This list contains approximately $250,000 in improvements for each of the three parks and $250,000 in greenway path system improvements. Land acquisition is included in both the Fanno Creek Park and Summer Lake Park project lists. In Fanno Creek Park, purchase of approximately 37,500 sq. ft. r. of the property on Main Street on the east side of the creek (A Boy West) is included. In Summer Lake Park, purchase of an additional 1.9 acres south of the tot lot and north of the proposed village at Summerlake Subdivision is included. In order to accomplish all of the Phase I recommendations, the Board developed a "B" list which includes the balance of Phase I improvements recommended by the consultant and a path system project. The "B" list is estimated at this time to cost an additional $700,000. Attached is a proposed agenda for the December 5, 1988 workshop. The Board is not requesting Council action on a specific item. The consultants and Board members will present the Master Plans for each of the three parks and would like Council feedback on the plans. The Board will also present three alternatives for consideration as levy proposals and would like to discuss the benefits and disadvantages of each with Council. br/ 8158D WORKSHOP AG UM PARRS AND RBCREATICN BOARD/CITY COUNCIL . Monday, December 5, 1988 A. Purpose - Park and Recreation Board Chair B. Master Plan Project Overview - Park and Recreation Board Chair. C. Master Plan Presentations - Murase and associates Farm Creek Park Summer Lake Park Cook Park D. Master Plan Discussion - Park and Recreation Board / City Council E. Presentation of Levy Alternatives - Park and Recreation Bcerd F. Discussion of Levy Alternatives - Park and Recreation Board / Ca=3-1 00000 • „mow . t t~j ca LLD ` f Ire r I f - _ .~,.t , . _ t k -r . ~ > _ u s1 ~ . 1 W_. - _ _ k.;, ~ "+Il~?.I!~II~OV~PNgll~lil!JI[I gillp~iP~r~, ~1!1~Iyr Tm ~lI(r,I~ 6C~j~l {!i)i~_ i~t~,ei i~ qi I'{t ~t ip qr i~I Ilr,~, iii q, q, ip l , , i , i , r , i Fu 9- ! I J'j'T`l~' I P 9 'I. i ~I i P I I ~ I.i l i ~ i ~~i I~loi~e~t NOTE_ IF THIS NICROFiLMED i i~ ' Z 3 4 _ 5 b-_._.. 7 8 8 ~ ~2~' ORAIiiNG IS LESS CIfAR 1NAN ~ ~ A ~ TNIS NOTICE, II IS DUE TO I 'R¢ WALITY OF Tlf ORIGINAL i _ _ DPAllING. ~I ^F--...... - . oe` ez ez - az az sz _ tiz _.~z za ez az ~ si ®i ~i` si s~ -tii ei _ i__-'ii of a ~ g b __e _.i _ i.~* ~ e 'dN~1111~N11iII11~1111i,INfIN~I ~ . H~.__ p.. ~91 ~ ~ j ~ i ~ , ~ n ~ i _ i - 'ail - .n ~ , i - ~ ~ \ . F ! A t ' ,EG 1 ~ i i ~ ~ s 11 ~I ~ ~ ~ ; r ~ i ~ '~4 v. _ ; u ~ _ - L' ! ~,t , ~ 1 a" - t ~r ~ r ~ i ~ y, , I `i , > ~ ~ Q l~ ~ e ? rti i 4 _ r ~ V/~ FANNO CREEK PARK ~ ~ ~ ~ ~ ' ~ MASTER PLAN ~ I~" ~ ~r - _~~a a - - c~a` ~ ~ i ' V r------~ r-----~ ~ Y S : . ~ar~i~s€I~III(1 1~I~Ipll~~gi lli~Tli~tTl~i~tlldl~lt~t~Ym7(t~lTt~~tp(ill`t~llt~ll~l~tjt1ilti~~'t~ei;,,T4[~f~('71~~ii(Ili[ilTltil~r~I~ilo~I~11g1 r~l~Igt~r~I~IItIl~i~t~l~r~i~rpl 2 3 4 _ 5 fi.. 7 - 8 9_ ~ _}2 NJTE: iF THIS MICFAFIIIIEO - " ORANIM1G IS LESS n _oea TuAN THIS NOTICE. IT IS WE TO ~ I ' ~ 1FE QUM1LITY OF THE ORIGIPiW. ,Y _ - . - --__....-_r-.__ _ ~ oRAlI1AG. ~ ~'0£ 62 9Z .L1Z 9Z SZ ►Z EZ ZZ IZ aZ 6I 81 L! SI S"~ if Et ZI Il 01 6 B C 9 S b E Z ice" i p14 ' iN7~III111iII~tIIIINII~IINN~N711 I r~ I + I { r ti . _ Y ~ , RH PARK LEVY "A" LIST Summerlake Park Project Estimated Cost Benches (4) 3,000 Planting at Playground 8,000 Bridge at Dam 47,000 Asphalt Trail 24,000 Footbridges 2,000 Irrigation 42,000 Land Acquisition (1.9 acres @ $50,000/acre) 95,000 Playground 30,000 Soft trail 4.900 SUBTOTAL $255,900 Fanno Creek Park Project Estimated Cost East Entry 16,750 Land Acquisition (37,500 sq. ft. $100,000/acre) 86,100 Bikepaths 49,050 Main Street Plaza Project 100,400 SUBTOTAL $252,300 Cook Park Project Estimated Cost Playground 80,000 Picnic Tables (30) and Benches (15) 22,500 Riverfront regrading 15,000 15,000 * Riverfront pavement & Curbs 55,000 55,000 Irrigation 55,567 Restroom Renovation 40,00_0 SUBTOTAL $268,067 70,000 Greenway Paths Project Estimated Cost Pathfinder/Genesis 145,000 Englewood 79,000 SUBTOTAL $?_24,000 TOTAL $1,000,267 ' May be funded through Land & Water Conservation Fund grant. br/8048D PARK LEVY "B" LIST Summerlake Park Project Estimated Cost Lawn Seeding at Playground 16,800 Restrooms at Playground 80,000 TOTAL $ 96,800 Fanno Creek Park Project Estimated Cost 2nd Downtown Project- 311,500 East Entry Plantings 5,000 Bridge Relocation 7,500 Meadow Development 10,000 TOTAL $334,000 Cook Park C i Project Estimated Cost s AIW- Soft Paths 5,600 s * Riverfront Landscaping 40,000 40,000 Riverfront Irrigation 18,750 18,750 5 * Riverfront Cleaning and Preparation for Picnic Area 3,000 3,000 Riverfront Picnic Tables 6,000 i 5. TOTAL $ 73,350 67,750 SUBTOTAL $504,150 Greenway Paths Project Estimated Cost F' 1 r Durham Road/Cook Park connection 140,000 SUBTOTAL $140,000 TOTAL $644,150 * May be part of Land & Water Conservation Fund grant. br/8048D C [h 0 n F CITY OF TIGARD, OREGON MEMORANDUM TO: Honorable Mayor and City Council November 28, 1988 FROM: Pat Reilly, City Administrator SUBJECT: COUNCIL CALENDAR, FY 1987-88 Attached is an updated tentative calendar for this fiscal year. Official Council meetings are marked with an asterisk I've put question marks (7) along side those still needing Council OK. If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. December '88 1, Thurs Fanno Creek Conference Planning Meeting (7:00 pm) 2, Fri Tree Lighting Ceremony (5:30 pm Town Hall Room) *5, Mon Council Business Agenda (5:30/7:30) 7, Wed Appointment Advisory (5:30 pin) 8, Thurs Surface Water Management Steering Committee (3:30 pm, St. Vincent Health & Lifestyle Center, 1885 NW 185th Ave., Aloha) *12, Mon Council Study Agenda (6:30 Joint Meeting w/Library Board/7:30) 15, Thurs Mayor's Farewell (Town Hall Room, 5:30-7:30 pm) *19, Mon Council Business Agenda (6:30/7:30) 21, Wed MACC Meeting (1:30) - Beaverton Library 26, Mon No Council Meeting 26, Mon Christmas Holiday January '89 2, Mon No Council Meeting 21 Mon New Year's Day *9, Mon Council Business Agenda (6:30/7:30) *16, Mon Council Study Session (6:30/7:30) 16, Mon Martin Luther King, Jr. Holiday *23, Mon Council Business Agenda (6:30/7:30) February '89 *13, Mon Council Business Agenda (6:30/7:30) 14, Tues Valentine's Day *20, Mon Council Study Session (6:30/7:30) *27, Mon Council Business Agenda (6:30/7:30) 20, Mon President's Day March '89 17, Fri St. Patrick's Day ` 24, Fri Good Friday 26, Sun Easter Council Calendar - Page 1 - MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor, City Council, and Respond By Library Board FROM: Library Director For Your Information DATE: November 9, 1988 Sign and Return SUBJECT: Monthly Report, October 1988 WCCLS: The new levy report was discussed at the Professional Board meeting with some of the city libraries reporting on reactions from board members. The Professional Board by consensus decided to change the name of the New Levy Committee to Planning Committee. The document will be revised to be a ten year plan. The first three years will have dollar figures and the seven remaining years will be sketched out with general requirements and needs with n6 -'do•14ar figures. It was decided to incorporate a mission statement for WCCLS and possibly compare other states` standards to the OLA standards. The report will use comparative statistics, goals and objectives as well as a timetable. The Planning Committee will report at the next meeting. The document will then be forwarded to the newly formed Citizens Library Advisory Board (CLAB) when it is established. On October 21, Library Director was a member of the panel interviewing candidates for WCCLS Coordinator position. No appointment has been made. Members of the Finance Restructuring Committee met with Patrick Clancy, Vice President of Government Finance Consultant Associates, regarding the reimbursement formula study. He was to submit a proposal in late September. Regional Library Issue: At meetings on September 19 and 26 of the Task Force on Metropolitan Regional Government, the issue of.-regional library service was discussed as a possible responsibility of Metro. The consensus was that Metro is having difficulty managing current assignments and since the library systems seem to be working relatively well, there does not seem to be any reason for "putting [the libraries] someplace that is not working." Washington County Commissioner, Bonnie Hayes, at the September 26 meeting, suggested that Metro should serve as a "convener of library services," i.e., as a mechanism for coordination but not as a governing authority. Personnel: Part time librarian, Ann Isbell, has submitted her resignation in order to take a full time job. Her last working day will be November 5. Volunteers: Thirty-one regular volunteers gave 432.25 hours, daily average 16.6; 6 youth volunteers, 20 hours; 4 CE2 students, 41.75 hours; 2 Community Service volunteers, 23.25 hours; Library Board gave 9 hours. October Monthly Report Page 2 November 9, 1988 Output Measures Study: The second output measures study was conducted during the week of October 17 through 22 in order to measure the success of the Library in serving the community and to identify the needs that are still not being met. Final figures and analysis will be available in November. Youth Services: Jody Westerman, Library Assistant III, conducted a second and well attended two-part personal safety program for pre-schoolers. The program has been so well received, it is anticipated that a third program may be presented in the early part of 1989. The third annual scarecrow building party was held October 22. Young Adult Round Table Members (YART) served as judges and ,Helpers. Entertainment was provided by the Tigard High School Improvisational Thea'tr"roup. A copy of the Legend of Jennie Green Teeth, written by parents and children attending the End of Summer Sleepover, was rewritten by the students as a play. The performance was videotaped by the librarian from the Mary Woodward Elementary School. It was a very successful project between the local schools and the public library. This month's material ordering has focused on book/cassette sets, software and rechecking the best books list for this year to pick up those we may have missed. Work Indicators: October 1988 October 1987 October 1986 Adult Materials 11,896 8,847 6,743 Juvenile Materials 7,231 5,431 4,848 Total 19,127 14,278 11,591 Days of Service 26 25 25 Average Daily Circulation 735.7 571 464 Hours of Service 263 227.5 230.5 Materials Circulated per hour 72.7 63 50.29 Increase in Circulation 34% 23% 23% Materials Added/Withdrawn 575/0 254/135 735/36 Borrowers Registered 361 372 448 Story Time (No. of Sessions) 331 (12) 137 (8) 380 (14) Toddler Time (No. of Sessions) 103 (12) N/A N/A Special Children's Programs (No. of Sessions) 121 (3) 88 (11) 175 (1) Personal Computer Users 235 94 N/A Funds/Fees Collected $1,158.17 $901.60 $80.34 Gifts Received $118.00 $5.15 $1,463.13 cn/7948D ,f,:r:;h7ukHlvUUivt CITY C>P' 1GAMD, U ON TO: City Admznistratoz- / ~ Restx,r?d i3y ~___.r FROM: Chief or Police Your Information DATE: November 1"/. 1988 __Sign and Return SUBJECT. uctorer. , 1963 Mont h i y Report D-Lrlnct the montri or Octol;Ne-r a re-assignment of the duties within the Police Community Services Unit was completeu. The Crime Prevention Specialist was assigned responsiblity for all adult crime prevention programs and the SR()s were assigned responszbiity for all prci:rrams relating to children, including the Block Home program. The position of the volunteer Block Home program coordinator was phased out and the coordination roll was given to the SR)s. The SF.i)s processed 1.53 Bi ock Home voiunteer applications in ()ctober. . There are currently 4ti6 block Homes in the "Tigard/Tualatin program. the re- assignment of duties will allow the Crime Prevention 5peciaiist to more fully concentrate on the Neic(h*bjr cr-__1 Watch program. The Crime Prevention Specialist has organized or reorgai,zzed i'_5 Neighjx)rhood Watch areas totaling 1741 households. The PCtiv rias completed a Neighbonccxxt Watch implementation plan and a Block Home program, administration plan and have forwarded them to the City Administr atcr. Randy Kayfes. 'Tualatin PD. began his SRO duties at Twality dr High and the Taulatin grade schools. Crier Winegar and I signect an agreement in October that assigns Officer Kayfes to the Tigard PCSU for purposes of the SRO program and that assigns me. t[, coordinate the program as supervisor of the PCSU. The i='olice Community Services Unit and the Patrol. Division participated in the 1988 Emergency Services Fair at Washlr&Tton ti-p_iare with Crime Prevention and equipment displays and information. During the month of October tier Patroi aiza Investigations Divisions conducted three death investigations. "Iwo were determined to be suicides and one an accidental shooting. One of the suicides was bizarre in that the victim chose to be run over by a train and was severed at the waist. The victim was a male hispanic or unknown identii-ication. ('Ihe victim was identified by fingerprints this montri through a previous arrest for burglary by the Yakima Co.. Washington SO.) Support Services saw the installation of the 2nd console. It is up arxi running. There is St-1.11 rcunztia-e parts of the console that have not been delivered. but are on -rush order from a Motorola supplier. The Patrol Division Recoverea several stolen vehicles. one with arrests, in October. The Division also made several recoveries of controlled substances with arrests. The overall crime rate is holding steady, except for commercial burglary. There were 2.3 reported commerciai ixir glaries reported in October. Of the 2- reported 17 occured in only three incidents where storage facilities were broken into and individual storage she& were burglarized. to k f fE t. i t' t ~i 4'. l~e F< y a CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 12/5/88 - DATE SUBMITTED: 11/23/88 ISSUE/AGENDA TITLE: CPA .88=05./ PREVIOUS ACTION: Council Denial C Morse 88-11 PREPARED BY: Keith Liden DEPT HEAD Olt IV, CITY ADMIN OK REQUESTED BY. T P LICY ISSUE I INFORMATION SUMMARY On October 24, 1988, the City Council denied the above request and directed staff with the assistance of an attorney for the opponents to prepare findings. Attached is a resolution and findings. t i t F I. I f AV- ALTERNATIVES CONSIDERED 1. Approve the attached resolution and findings. 't. 2. Modify and approve the resolution and findings. F k F t' 4.. FISCAL IMPACT: t ii FtF6tr: GC: m SUGGESTED ACTION Approve the attached resolution to deny CPA 88-05/ZC 88-11 J, CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 5, 1 DATE SUBMITTED: November 14, 1988 ISSUE/AGENDA TITLE: Comput*OKREQUESTED REVIOUS ACTION: None software contract award - Aupermit issua ce and tracking REPARED BY: Community Development DEPT HEAD OK CITY ADMIN BY: Community Development ISSUE INFORMATION SUMMARY i Consistent with the City's Computer Master Plan, the Department of Community k Development solicited proposals from software vendors to replace our current I automated permit issuance and tracking system. Replacement is necessary due to the previous vendor's inability to fulfill the terms of our contract. Attached is a memo which gives further explanation on this matter. Proposals were received from the following vendors: 1) MicroPlan Development, Inc.; Novato, Ca. $37,600 * 2) Far West Data Control; Astoria, Or. $59,851 3) Tidemark Computer Systems; Seattle, Wa. $21,500 4) Sierra Computer Systems; Visalia, Ca. 127,500 * Requires additional hardware be added to current system. A staff evaluation committee made up of those persons who would be key users f of the system have completed a detailed evaluation of all proposals. In r addition, the Computer Systems Manager has completed a similar evaluation and both recommend accepting the proposal from Tidemark Computer Systems. Attached is a proposed contract for services which has been approved by the City Attorney. ALTERNATIVES CONSIDERED 1. Approve the proposed contract with Tidemark Computer Systems and authorize the City Administrator to sign on behalf of the City. 2. Do not approve a contract at this time. 3. Reconsider other proposals. FISCAL IMP-LCT Contract total is $21,500. Funds for this contract are budgeted in General. Government and Community Development and are those funds not paid to the previous software vendor for non-performance. SUGGESTED ACTION Staff recommends that Council approve the proposed contract with Tidemark Computer Systems and authorize the City Administrator to sign on behalf of the City. of/8043D M 00 CY) lci " 6119 OWD I-h p) 0 I-ft it Rol I 1 I •'J f L•Ihl F, t,t(ri•'~r Irl IIF I tt."-. Ir ,I ;I i CONTRA(7V FOR CONSULTANT SERVICES This contract iv entered into this day of _ 1988, by and between the City of Tigard, Oregon, hereinafter referred to as the CITY, and Tidemark Computer Systems, Inc., 2815 Second Avenue, Suite'388, Seattle, WA 98121, hereinafter referred to as the CONSULTANT. REPRESENTATIONS The CITY has requested consultant services to develop and implement a computerized permit management system. "l.. The CITY desires to retain the CONSULTANT for the services described in the Scope of Services in Section I of this contract. The CITY hereby contracts with the CONSULTANT to r provide services as described in Section 1, Scope of Services, in accordance with the terms and conditions as set forth under the remainder of this contract for compensation as set forth in Section II. 3. The consultant agrees to perform the services specified in Section I and meet all conditions of this agreement. I.. Alp, AGREEMENTS NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by``. the parties hereto, the parties covenant and agree as t=: follows: f I. Scope of Services A. CONSULTANT shall implement and accomplish the services as set forth in the following attached exhibits:' 1. Exhibit I, CONSULTANT's Proposal, dated October 24, 1988. t 2. Exhibit II, Addendum to CONSULTANT's proposal, dated November 11, 1988. B. CONSULTANT shall accomplish the scope of services in ; accordance with the work plan set forth in Exhibits I and TT. The project shall. be completed within 120 days-, after the date of execution of the contract by both` parties:. The parties agree that "completion" shall be dof'ined to include all requirements contained at Section 3.0 of Exhibits I and TT, except for on-going technical support. TI. Cost for services, billings, and method of Payments s A. The total cost: for CONSUVrANTSIS services as specified in Section I of this contract shall be $ 21,500.00 i~iil.1 ..1117 {!•'+I•i .i;I ! iiG(~.( i(~ l..,.. i 1 i Contract between The City of Tigard and Tidemark Computer Systems, Inc. Page 2 of 4 i including travel and out-cif-pocket expense:. CONSULTANT shalt submit billings for three payments as shown in. Exhibit I. ! B. Within thirty (30) days of CONSULTANT's billing, the CITY will make payment. k C. A ten percent (10%) retainer will be withheld from each F. payment, pending satisfactory completion of the project. ~ D. CONSULTANT shall notify the City's contact person of the i date of completion of the project in writing. Within ten (10) days after the date of receipt of such notice, CITY shall inspect and accept or reject the project. Such acceptance shall not be unreasonably withheld by CITY. If the project is rejected, CITY shall specify, in writing, the terms and conditions of this contract which the CITY has determined have not been met, and shall allow CONSULTANT a reasonable period of time to correct such deficiencies. The ten percent (10%) retainer provided in Section 3D shall be paid to CONSULTANT within thirty (30) days of acceptance of the project by CITY. E. In the event CITY fails to pay any billing within the times provided in this contract, CITY shall pay interest: thereon at the rate of 12% per year from the date of billing to the date of payment. 111. Assignments/Subcontracting Except as specified in Section I.A.1 of this agreement, CONSULTANT shall not assign any portion of this contract without the written consent of the CITY. IV. Contact Persons The project coordinator and administrator for the CITY in this contract will be Randy Clarno or other person designated in writing by the CITY. Project coordinator and administrator for the CONSULTANT in this contract will be Andrew A. Ruotsala or other person designated in writing by the CONSULTANT.. V. Termination of Contract For Cause: The obligation of the CITY to the CONSULTANT is contingent upon satisfactory performance by the CONSULTANT of' all its obligations under this contract. In the event that. the CONSULTANT fails to perform any obligation required cat' it by this contract, the CITY may refuse to provide any further ' ij„!.! ..ill I I•iil'1 !ilfi-1.I„'~f-'1' i'I:~'f ~ 1'! I• i., . Contract between The City of Tigard and Tidemark Computer Systems, Inc. Page 3 of 4 payment thereunder and/or terminate this contract by giving., written notice of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Notwithstanding the above, the CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of agreement by the CONSULTANT. VI. General A. Should litigation or arbitration occur between the two parties relating to the provisions of this contract, all litigation or arbitration expenses, collection expen=ses, witness fees, court costs and attorney's fees incurred by the party who substantially prevails shall be paid by the party who does not substantially prevail. Venue shall be as authorized by the laws of the State of Oregon. This contract shall be governed by the laws of ~ the State of Oregon. B. Neither party shall hold the other responsible for damages or delays in performance caused by natural disasters, strikes, .Lock-outs, accidents handicapping performance, or other events beyond the control of the other or the other's employees and agents. VII. Specifications - Supplemental A. The CITY shall provide and perform all services and products as described in Exhibits I and II. B. The CONSULTANT shall provide and perform all services and products as described in Exhibits I and TI. VIII.Proprietary Information A. The parties recognize that PERMIT*PLAN is proprietary permit processing software copyriglzt:.ed by the CONSULTANT. CONSULTANT hereby grants the CITY a non- exclusive license to use the software installed pursuant to this agreement. CONSULTANT shall retain ownership and all rights to the software. In the event that t•.hi:: cont.rac:t is terminat=ed, or in the event that at any time the CITY ceases using PERMIT*PLAN for any reason, all soft=ware installed pursuant to this agreement shall be destroyed by CITY or returned inuuediately to CONSULTANT. B. The CITY shall not permit: the PERMIT*PLAN software, manuals or supporting materials to be copied, in whole or in part, and shall be liable to CONSULTANT for any losses incurred as the result of any unauthorized t • Il~' 1.1 I''..ill I F'~lq ~r,-Itt I•II:•!, Ii! ail I I-'!.I-'.. t•~•'i itu, I } Contract between The City of 'Tigard and 't'idemark Computer Systems, Inc.. Page 4 of 4 E reproduction, in whole or in part, of PERMIT*PIAN which occurs while the software subject to this agreement. is. in the possession and control of the CITY. IX. Extent of Agreement This agreement, together with the Exhibits identified above, constitutes the entire agreement between CITY and CONSULTANT and supersedes all prior written or oral understandings. This agreement and said exhibits may only be amended, supplemented, modified or cancelled by a duly executed written instrument. €i t` FOR TIDEMARK COMPUTER SYSTEMS, INC. Andrew A. Ruotsala Date F; President x FOR THE CITY OF TIGARD Authorized signature Date s' t t r E C k.' CITY OF TIGARD, OREGON 3,5 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 5 1988 DATE SUBMITTED: November 28, 1988 ISSUE/AGENDA TITLE: Muni Pro Tem _ ,PREVIOUS ACTION: Council Requested on Judges' Personal Service Contracts 3/14/88 per Resolution No. 86-2A PREPARED BY: Loreen Wilson ---j- , DEPT HEAD OK f CITY ADMIN 0 REQUESTED BY; P LICY ISSUE Council set policy by adoption of Resolution No. 88-21. INFORMATION SUMMARY Staff recommends approval of Janise Augur's contract and delay of any action on Ken Bourne's contract. Questions have been discussed at the State level regarding judges being compensated simultaneously from two or more t. jurisdictions. We will hold off on Ken Bourne's contract until this issue is i resolved. i ALTERNATIVES CONSIDERED 1. Pass a resolution approving Janise Augur's contract. Pull Ken Bourne's . contract until further action can be recommended. r:. F, 2. Give further direction to staff-. n, FISCAL IMPACT 1. Meetings with approved budgeted figures. E' 2. Unknown. E' s r SUGGESTED ACTION E Alternative #1 - Motion to approve Janise Augur's contract by resolution, and pull Ken Bourne's contract pending further investigation.' cw/8191D E'. f r i i CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 5, 1988 DATE SUBMITTED: November 22, 1988 ISSUE/AGENDA TITLE: Lasselle, et al , PREVIOUS ACTION: None Annexation ZCA 88-15 / PREPARED BY: Keith Liden DEPT HEAD O jLl CITY ADMIN OK, REQUESTED BY: 3 petitioners 0L CY ISSUE Should the City Council forward o the Portland Metropolitan Area Local Government Boundary Commission a request of a 19.59 acre, 3 parcel annexation of land located north of SW Bull Mountain Road. INFORMATION SUMMARY This annexation request consists of 3 parcels totaling 19.59 acres that are contiguous to the City of Tigard. All of this land is located within Tigard's area of interest. Attached is a resolution to forward the annexation request and an ordinance to change the zone designation from Washington County R-6 to City of Tigard R-7 in conformance with the City's adopted Comprehensive Plan. Also attached is a vicinity map, site map, and staff report. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign plan and zone designations to the property in conformance with the Comprehensive Plan. 2. Deny the proposal. FISCAL IMPACT Since this area is not within Tigard's Active Planning Area, the applicant will pay the Boundary Commission fee of $480 for annexation of more than 10 acres but less than 20 acres. SUGGESTED ACTION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign plan and zone designations to the property in conformance with the Comprehensive Plan. 8146D i:U .S U.:-i ^•:.~nc /~l lVVlllln ~~11411115 ~51~..1 l I I~ ~ ll~~~ ~I~1 SUYYERLA%E DARN .1 qil~ 1 , OF ' . r-. ~ ~--r1'~_, .JJJ C1J ~'c-xxox- "o°oaxo u.r..a \ ~.i.ex.•.r t. Owc _ I 33 34 A ! `.SUMYC~'.. / +uNu 4 3 ~ L NuN $CHO l~ N "'LJ,~ - _ Wit. ~ ' ~ia. •r w - I II ! i ~a I I 1 ~ 1 I I ~ ~ I 7t I I ~ F i JNT i Y I , 4 3 1 L_-L_~Ik\--~-i }sy -(y}mot 16 ~ l li f 12175 S.W. Bull Mountain Rd. Tigard, Oregon May 25, 1988 City Council City of Tigard 13125 S.W. Hall Boulevard Tigard, OR 97223 Mayor Brian and Members of the Council: We hereby consent to annexation for the 17.59 acres of property fronting S.W. Bull Mountain Road, described as Tax Lots 1400 and 1501 on Washington County Tax Map No. 2 S 2 9A. A metes and bounds description of our property is being provided to you by David Evans and Associates, Inc., Consulting Civil engineers and planners. 1 Date Barbara Lasselle Date D sip,/P~ Marjori j. Orr Date -r T- 13277 S.W. Bull Mountain Rd. Tigard, OR 97224 October 13, 1988 IS City Council City of Tigard 13125 S.W. Hall Boulevard Tigard, OR 97223 Mayor Brian and Members of Council: We hereby consent to annexation for the westerly two acres of property described as Tax Lot 5900 on Washington County Tax Lot Map No. 2S 1 4DC. A metes and bounds description of our property is being provided to you by David Evans and Associates, Inc., consulting civil engineers and planners. t2"- P"'- lc')f319~~ David Pau 1 Date 111'641 - j 0.. auk l Beverly ull Date I STAFF REPORT AGENDA ITEM 4 DECEMBER 5, 1988 - 6:30 P.M. TIGARD CITY COUNCIL TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Zone Change Annexation ZCA 88-15 REQUEST: To annex three parcels consisting of 19.59 acres into the City of Tigard and to change the zoning designation from Washington County R-6 to City of Tigard R-7 (Residential, 7 units/acre). COMPREHENSIVE PLAN DESIGNATION: Washington County Residential, 6 units/acre ZONING DESIGNATION: Current Zone Proposed Zone Wash. Co. R-6 City of Tigard R-7 APPLICANT: John Brosy OWNER: Marjorie Orr David Evans & Assoc. Courtney & Barbara Lasselle 2626 SW Corbett Ave. 12175 SW Bull Mountain Road Portland, OR 97021 Tigard, OR 97224 David & Beverly Paul 13277 SW Bull Mountain Road Tigard, OR 97224 LOCATION: North of Bull Mountain Road and West of 133rd Avenue (WCTM 2S1 9A Tax Lots 1400 and 1501; WCTM 2S1 4DC, Tax Lot 5900). 2. Background Information On November 17, 1988, Washington County granted lot line adjustment approval for tax lots 5800 and 5900 owned by David and Beverly Paul (Case File No. 88-613-LLA). This proposal increased the size of tax lot 5800 from 6.5 acres to 8 acres. This request for annexation reflects the proposed size of tax lot 5800. 3. Vicinity Information The subject properties abut Benchview Estates subdivision to the north. This subdivision is within the City limits. The remaining properties that surround this site are within Washington County and are also designated for single family residential use with a density of 6 units per acre. With the exception of several larger parcels to the STAFF REPORT - ZCA 88-15 - PAGE 1 west and northwest, all of the nearby properties are either small subdivision lots or small acreage homesites. Tax lot 1400, which is a part of this annexation request, has frontage on Bull Mountain Road which is designated as a major collector street. 4. Site Information and Proposal Description The property to be annexed is undeveloped and slopes downhill toward the northeast. The northern portion is primarily wooded. The applicant requests annexation to the City and presumably a development proposal will follow. 5. Agency and NPO Comments The Washington County Department of Land Use and Transportation has no objection to the proposal. The Engineering Division has no objection to the subject annexation and offers the following comments: a. Access is provided to the south end of the site from Bull Mountain Road, a Washington County, major collector roadway. This roadway is not fully improved to the major collector standards and improvements to the adjacent half of the roadway is expected to be required upon future development of the site. b. Sanitary sewer service is available to the site as an extension of the Benchview sewer line which was recently installed. C. Storm drainage is available to the site with the existing natural drainage channels. Impacts to downstream properties will need to be considered upon development of the site. The Tigard Police Department has no objection to the proposal. No other comments have been received. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 6.4.1, 10.1.1 and 10.1.2 and Chapters 18.136 and 18.138 of the Tigard Community Development Code. The Planning staff has determined that the proposal is consistent with the relevant portions of the Tigard Comprehensive Plan based upon the findings noted below. 1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and Community Planning Organization, as well as surrounding property owners, were given notice of the hearing and an opportunity to comment on the proposal. STAFF REPORT - ZCA 88-15 - PAGE 2 2. Plan Policy 6.4.1 is satisfied because the annexed area will be designated as "developing area" on the development standards area map. 3. Plan Policy 10.1.1 is satisfied because the City has conducted the Bull Mountain/Walnut Area Urban Services Study which includes the subject property. This study as well as the comments from the Engineering Division and Police Department indicate that adequate urban services are available. 4. Plan Policy 10.1.2 is satisfied because the Police Department has been notified and the land is located within Tigard's area of interest. The Planning staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below. 1. Chapter 18.136.030 is met because the applicant has complied with all of the approval standards for annexation of property. 2. Chapter 18.138 is satisfied because the property meets the definition for a developing area and shall be designated as a "developing area" on the development standards area map. C. RECOMMENDATION Based upon the findings and conclusions noted above, the Planning staff recommends approval of ZCA 88-15 subject to the following conditions: 1. The property shall be designated as a "developing area" on the development standards map. 2. All development on the property shall be reviewed and approved by the City of Tigard. PREPARED BY Keith S. Liden Senior Planner 8146D STAFF REPORT - ZCA 88-15 - PAGE 3 November 25, 1988 City of Tigard, Oregon PO Box 23397 Tigard, Or. 97223 Re: ZCA 88-25 Lasselle Annexation l Our community has some overall concerns regarding this annexation. This s; annexation will extend the western boundary of the City of Tigard on the north face of Bull Mountain from SW 132nd and Walnut to SW Bull Mountain Road, including Benchview subdivision. What does this imply for the lands east of these parcels that are not annexed into the City of Tigard. This is not forming an island because Bull Mountain Road is a county road, but the questions arise about the remaining parcels in the future. ; Another question is the transportation planning that is essential as development occurs. These annexations are not occuring just to keep the land vacant and t comprehensive transportation planning needs to be considered both internal within and between subdivisions and on connections with Walnut and Bull Mountain Road. As sewer service is extended to these properties and development occurs, how will these services and the availability of then affect the ajoining properties whether they need the services or desire them? How will this affect police protection with an uneven boundary? Possibly a meeting with all affected or potentially affected properties on the north face of Bull Mountain is needed to discuss these issues. Another community concern is the density of developments changing from R-6 in the County to R-7 in the City of Tigard, and the one year provision that does not allow changes in zoning after annexation. Sincerely Beverly gronJo, CPO #4 Ball Mountain t ys' 1 Y F CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 5, 1988 DATE SUBMITTED: November 22, 1988 ISSUE/AGENDA TITLE: Allori, et a]„ PREVIOUS ACTION: None Annexation ZCA 88-14 /4 Z PREPARED BY: Keith Liden DEPT HEAD OYET, "R CITY ADMIN OKi REQUESTED BY: 2 petitioners PO ICY ISSUE Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request of a 5.79 acre, 9 parcel annexation of land located north of SW Walnut Street. INFORMATION SUMMARY This annexation request consists of 9 parcels totaling 5.79 acres that are contiguous to the City of Tigard. All of this land is located within Tigard's Active Planning Area and lies within the recently created "Walnut Island." Attached is a resolution to forward the annexation request and an ordinance to change the zone designation from Washington County R-6 to City of Tigard R-4.5 in conformance with the City's adopted Comprehensive Plan. Also attached is a vicinity map, site map, and staff report. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign plan and zone designations to the property in conformance with the Comprehensive Plan. 2. Deny the proposal. FISCAL IMPACT Since this area is within Tigard's Active Planning Area, the City will pay the Boundary Commission fee of 060 for annexation of more than 5 acres but less than 10 acres. SUGGESTED ACTION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign plan and zone designations to the property in conformance with the Comprehensive Plan. 8146D ~'T ;lj `tea„ f ZB z7_~1J f / 134 _ uxni • ._.~-~=J! 5~1, ~rr'~r + _i.NNOi tt R tM K~ UMMERL, RM1RK 1 Roo..i 35~ 'Trl ~-t FTT-r33 34 0 i . ..iOR P j 4 3 i • . SUNMEP HIGH SCHOOL I f•. -0-10G7G~~ V-s~ A 3 I E T G u ~r B 4 3 ~jl l.M ,9.OV/-) WD41G./0 L.1~E 7Z) A:WO v s•e' 1 All ZF?'rdZ) Al /51 NNE lAoO' 6 Ta 77-y&~ eO T y Or 77 fobs -/0 77;4lzE 4 . .ND i 7lt' to //c.L ABt A!U C.0~6 c -7Z) A467 crry' 00C i7644PP o4"Al' Za- ,116,AR4 OR 9-4Z?3 ~ r~ y~ ~ mss: i .4ev&V1 76 77-1-e: P 2 9 / 6,Q AP, OR 9 7 2 2 3 -55 1 Ll~ I 6;V~ ©1- ;W i IAO 3 /tAbIA, 5 /11112) Yl ZZIZD ZIAK! /0 16~AI I F UNI /14er- 11111ZI,,~A.SYZO IN fq tirUL-rliVtll /1Y11) /7/t= ZITY T/cIr2GD, Lo vdzl ell1v /Z) /22, tw. 771 Ae~:W RZ-52,Y_ 111-7) 1/ AQWAW BY 7,7-/ G/ 7"".Y 0 / z;:f4 V6 771117' 771Z-- C/TY l IZZ ,~14Y I"/4 IVIV M RM TES /W© 77/Z F TF4WI %l/Z::: B ZWWY IF Y P11 AfY Q1JA77045 Y4,V CAN eANZ,&-l "Z:: T `/OMF Aoc:'jM L .'CYO Pill eP 65,39-64Z f3 Y&J &ZIS'T S ZY1 O MF FO,;M' 77-~ 07Y d1~ /7/ Y Al y 1-010~ Air /2900 J3W 1-321140 /h* 7hW;;;O. :z:n-r is W C 174E 2WbP~' I Y CYII 'A~ /Ile'E AAzZ' YlAb /-7 A1yX,,'iFj11r'77trW-' 7-0 77~ 217Y el-- 7712API-~ We r l STAFF REPORT AGENDA ITEM 4 DECEMBER 5, 1988 - 6:30 P.M. TIGARD CITY COUNCIL TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Zone Change Annexation ZCA 88-14 REQUEST: A request to annex 9 parcels consisting of 5.79 acres into the City of Tigard and to assign plan and zone designations to the property in conformance with the Tigard Comprehensive Plan Land Use Map as follows. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: Current Zone Proposed Zone Wash. Co. R-6 City of Tigard R-4.5 Because this area is within Tigard's active planning area, comprehensive planning is the City's responsibility. The Low Density Residential designation allows a density from one to five units per acre. APPLICANT: City of Tigard OWNER: Richard Allori, et. al. 13125 SW Hall Blvd. 12949 SW Walnut Tigard, OR 97223 Tigard, OR 97223 Thomas & Pauline Petterson 12921 SW Walnut Tigard, OR 97223 LOCATION: North of SW Walnut and west of SW 128th Avenue (WCTM 2S1 4AD tax lots 2400, 2500, 2600, 2601, 2700, 2800, 2801, 2900, and 4600). 2. Background Information Two property owners (Allori & Petterson), who control 3 of the 9 tax lots involved in this application, requested annexation to the City. In order to establish a logical boundary for an area to annex, the proposal was expanded to include the 6 additional properties. STAFF REPORT - ZCA 88-14 - PAGE 1 3. Vicinity Information The subject properties are bordered by the City of Tigard to the north, east and west. To the north and east lies Bellwood Subdivision. To the west lies some undeveloped land owned by BenjFran Corporation. Immediately to the south is Walnut Avenue which is a County road that is designated as a major collector street. Properties to the south of Walnut are within the County and consist primarily of small acreage homesites. 4. Site Information and Proposal Description The area proposed to be annexed consists of 5.79 acres and 9 separate tax lots that are all approximately 1/2 acre in size with the exception of tax lot 2800 which is 1.79 acres. Seven single family residences occupy the 9 tax lots. These residences are served by a private easement that runs through the center of the area to be annexed which provides access to Walnut Street. 5. Agency and NPO Comments The Washington County Department of Land Use and Transportation has no objections to the proposal. The Engineering Division has no objections to the subject annexation and offers the following comments: 1. The site is served by Walnut Street to the south, a Washington County major collector roadway, and by 129th Avenue to the north, a City local roadway. Walnut Street is not improved to full major collector standards. Internally, access to the individual parcels is provided by a gravel roadway which is not currently maintained by the City or County. Annexation would not change the current status of any of the existing roads. 2. A sanitary sewer line is recently installed in Walnut Street which can provide service to a majority of the southern portion of the site. The remainder of the site has sanitary sewer service available at the end of 129th Avenue. 3. The site slopes to the north and has available a natural drainage swale to discharge the storm drainage from the site. Tigard Police Department has no objection to the proposal. No other comments have been received. STAFF REPORT - ZCA 88-14 - PAGE 2 B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 6.3.1, 10.1.1 and 10.1.2 as well as Chapters 18.136 and 18.138 of the Tigard Community Development Code. 1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the proposal. 2. Plan Policy 6.3.1 is satisfied because the annexed area will be designated as an established area on the development standards area map. 3. Plan Policy 10.1.1 is satisfied because the City has conducted the Bull Mountain/Walnut Area Urban Services Study which includes the subject property. This study as well as the comments from the Engineering Division and Police Department indicate that adequate urban services are available. 4. Plan Policy 10.1.2 is satisfied because the Police Department has been notified and the land is located within Tigard's active planning area. The Planning staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below. 1. Chapter 18.136.030 is met because the applicant has met all of the approval standards for annexation of the property. 2. Chapter 18.138 is met because the property meets the definition for an established area and shall be designated as an "established area" on the development standards are.-4 map. C. RECOMMENDATION Based upon the findings and conclusions noted above, the Planning staff recommends approval of ZCA 88-14 subject to the following conditions: 1. The property shall be designated as an "established area" on the development standards map. 2. All development on the property shall be reviewed and -.pproved by the City of Tigard. s PRE e0DkBYc:'Keit1! Liden' Senior Planner t. 8146D E STAFF REPORT - ZCA 88-14 - PAGE 3 ~a r Y~ f" F: Fp R f CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 5 1988 DATE SUBMITTED: November 22, 1988 ISSUE/AGENDA 'TITLE: Fyre/Moore PREVIOUS ACTION: None Annexation ZCA 88-17 PREPARED BY: Deborah Stuart~- DEPT HEAD 0~ CITY-ADMIN OK f REQUESTED BY: 2-petitioners POLI Y ISSUE Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request of a 5.82 acre, 2 parcel annexation of land located south of SW Tippet-t Place. INFORMATION SUMMARY This annexation request consists of 2 parcels totaling 5.82 acres that are contiguous to the city of Tigard. The annexation was requested by 2 petitioners who are owners of the parcels. All of this land is located within Tigard's Active Planning Area and lies within the recently created "Walnut Island." Attached is a resolution to forward the annexation request and an ordinance to change the -zone designation from Washington County R-6 to City of Tigard R-4.5 in conformance with the City's adopted Comprehensive Plan. Also attached is a vicinity map, site map, and staff report. ALTERNATIVES CONSIDERED - 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign plan and -zone designations to the property in conformance with the Comprehensive Plan. 2. Deny the proposal. FISCAL IMPACT Since this area is within Tigard's Active Planning Area, the City will pay the Boundary Commission fee of $360 for annexation of more than 5 acres but less than 10 acres. SUGGESTED ACTION - Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign plan and zone designations to the property in conformance with the Comprehensive Plan. Awl 80910 7 26 2,,3+27._ _ 1 ` L 1 / .ou 34 35 l; ^ , I .r-r -Y , 3313a . ~ as ~ ~ ~ . - - L =.I _ LLU r'_-Iy I 'SUYYERLAKE.-/MRK { •..uo s~ .r,w• a ' 1 -1y ~I lY 1 YOODYIIC R.• ` ~fn i 34 3334 0.~E JUMI 3 2 • I O . 3 s + S~IYYEP . : in F MIEN iyw 7 ~ ~ M F R $ ;I~-,,~~ I ~ = arcs YknN 4 ~ R ~ wTM~ g a C If, 17 - - / + or T- i - 4 ' G6UNTX k=A F, I 4 ~ lr J STAFF REPORT AGENDA ITEM 6 DECEMBER 5, 1988 - 6:30 P.M. TIGARD CITY COUNCIL TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Zone Change Annexation ZCA 88-17 REQUEST: A request to annex 2 parcels containing 5.31 acres and .51 acres each for a total of 5.82 acres into the City of Tigard and to assign plan and zone designations to the property in conformance with the Tigard Comprehensive Plan Land Use map as follows: COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: Current Zone Proposed Zone Wash. Co. R-6 Tigard R-4.5 Because this area is within Tigard's Active Planning Area, comprehensive planning is Tigard's responsibility. The Low Density { Residential designation allows a density of 1 to 5 units per acre. i APPLICANT: Stuart Moore OWNER: Same 7227 NW Penr•idge Rd. E Portland, OR 97229 c i. Milton Fyre 1 12725 SW 121st Tigard, OR 97223 ti LOCATION: Immediately south of SW Tippett Place and west of SW 121st; Avenue. (WCTM 2S1 3BC Lots 1100 and 1300). 2. Background Information' i The City received a request from both property owners, Stuart Moore and Milton and Pamela Fyr•e in late October, 1988, requesting annexation into the City. The City has prepared an urban services study which includes the "Walnut Island" area. The study concludes that the area can be served by the City of Tigard. ~s .a, h STAFF REPORT - ZCA 88-17 - PAGE 1 r' 3. Vicinity Information The area is bounded on the northwest by the City of Tigard, and on the north, east, south and west by Washington County. Adjacent property within the City is zoned R-4.5. Adjacent Washington County property is zoned R-6. 4. Site Information and Proposal Description Tax lot 1300 is .51 acres large and a single-family home is the only structure on the lot. The property is accessible from SW 121st Avenue. Tax lot 1100 is 5.31 acres and is vacant. The western portion is densely forested and the eastern portion has been planted with Christmas trees. The proposed annexation would allow both lots to connect with City utilities and prepare tax lot 1100 for eventual development, if so desired by the property owner. Annexation is required prior to sewer connection. City sewer extends south from Walnut Street and runs along SW Tippett Place and then eastward to SW 121st Avenue. 5. Agency and NPO Comments The Washington County Planning Department, Tigard Police Department, and City Recorder have all reviewed the proposal and have no objections to it. The Engineering Division has no objection to the subject annexation and offers the following comments: 1. Access to the site is provided by Tippett Place, a Washington County local street, and by 121st Avenue, a Washington County major collector street. 121st Avenue is not improved to the full major collector standards. 2. Sanitary sewer exists in Tippett Street and is capable of providing service to the site except for the western portion which will require an extension of the sewer to the north. 3. Storm drainage is available to the drainage swale to the west of the site. No other comments were received. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies and Chapters 18.136 and 18.138 of the Community Development Code. 1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the proposal. STAFF REPORT - ZCA 88-17 - PAGE 2 { 2. Plan Policy 6.3.1 is satisfied because the annexed area will be designated as "established area" on the Development Standards ! } Area Map. 3. Plan Policy 10.1.1 is satisfied because the City has conducted } the Bull Mountain/Walnut Area Urban Services Study which includes the 132nd area. This study as well as the comments from the Engineering Division and the Police Department indicate that adequate City services are available. 4. Plan Policy 10.1.2 is satisfied because the Police Department has been notified and the land is located within Tigard's Active t. Planning area. The Planning staff has determined that the proposal is consistent with { the relevant portions of the Community Development Code based upon findings noted below: s 1. Chapter 18.136.030 is met because the applicants have met all of the approval standards for annexation of property. 2. Chapter 18 138 is met because the property meets the definition tC for an established area and shall be designated as an c "established area" on the Development Standards Area Map. . r s C. RECOMMENDATION Based upon the findings and conclusions, the Planning staff recommends approval of ZCA 88-17 subject to the following conditions: 1. The properties shall be designated as "established area" on the Development Standard Areas Map. 2. All development on the properties shall be reviewed and approved by the City of Tigard._ i' PREPARED BY: Deborah Stuart APPROVED BY: Keith Liden Assistant Planner Senior Planner' € t~. 8091D l ~t- ~Y STAFF REPORT - "ZCA 88-17 - PAGE 3 'g ~a I Di. r-~~Ctor of Pl. ann.i nq Tigard City Hal.) Ti gird, Oregon re. Annexation ReqU&St Dear Director ail 1='l..anni. nn I hereby request that +:.hee City initiate an nc~ i nr; nc rce >-•:::,r t.c, :tr,rtr-r n . ! pr-r,c:i er'ty to i_he City of Chia-rd. I l_lnder-_,ta.nd 4-f,cr my nreighhc3r Mr. I1I0t:)r'E , 4+If,t-JSF pr-Clp4 r h.', Sl_lr"r"oi_lnG{ mine ctrlcl klC3Y"rjFrr F.hlr h;a5 rerC.!''rit.l. v a.:C so requested an"lcex at. i uri Attached i, 1. ease r i. nci 1 a . description. Pleas contac:.t. my ii additionc-?I i.ni:ormation, is nFr.;;;r:le 1. 1 may 1-;e reached a. t. the fo.C.lc:;aaln~,7 numbers: h--•6:a~9---•a128„ w-_:•'.Ll•i.-..:.r:,1 .,.i.. I'`.C eaase i of orm ime when fcAnne,.,,at l on, have! occ:tarrE?d. i rill-ICPrF?l.Y! J Milton F. Fyre 1^72 SW 121 Ti lard , fircagnr , 9 7..r.2 i i {{i C 'a PMALGBC FORM N6 BOUNDARY CHANGE DATA SHEET FOR ANNEXATION TO THE CITY OF % /•rJ2i~ I. EXISTING CONDITIONS OF TERRITORY DESCRIBED IN BOUNDARY CHANGE A. Land Area: Acres :5,13 or Square Miles 1 B. General Description of Territory: (include topographic features such as slopes, vegetation, drainage basins, flood plain areas which are pertinent to this proposal) lvL~il~e'itollei ,~~9T lN;7-X G~cuiys~vrle ~p /ir tvEST. GCJ~-S'~ " ,A~/cr.~,%ior~ ~iAS" lics,Ge~- ous;. Z a C~s-7 Tio.J /S ~iU;~c^✓ /^1 T2 ec-f. C. Existing Land Use: Number of single family units e multi-family units Number of commercial structures industrial structure Public facilities or other uses (Please describe) D. Total Current Year Assessed Valuation $ ~ QiF~eo~ 20"~~rrz /,p/~ E. Total Estimated Population: O F. Current County Zoning Status (i£ territory contains more than one land use zone, please indicate,-tax lot numbers and existing zoning designation for those tax lots) /1- 6 wr4 SLt f v~..r~TN . G. Is the area adjacent to the territory to be annexed (and not in the city.or district) of the same general character or degree of ecT-v6lopment as the territory to be annexed? Yes X No If Yes, why isn't the adjacent ~area included in the proposal? If No, how does the adjacent area differ? II. PROPOSED DEVELOPMENT OF TERRITORY DESCRIBED IN BOUNDARY CIMGE A. If the property is entirely or substantially undeveloped, what are the plans for future development? (Be specific--if site or development plans have been prepared please submit a copy.) 7- B. Can the proposed development be achieved under current county zoning? Yes No If No, has a zone change been sought from the county either formally or informally for the property under consideration. Yes No I( Please describe outcome of zone change request if answer to the above question is 'Yes' C. Is the proposed development compatible with the county comprehensive plan and/or the Regional Framework Plan? Yes_ No Briefly explain compatibility or incompatibility. ,lae.a ,~/Ges'i[&--,JT/AL D. Is the proposes development compatible with the city's Comprehensive Land Use Plan for the area? Yes OC No City has no plan for the area Has the proposed development been discussed either formally or informally with any of the following: (please indicate) City Pla.-ming Commission Jj, City Planning Staff X City Council City Manager Please describe the reaction to the proposed development from the persons or agencies indicated above. /~1Lr /~.?C ' /i4NNiNy ~D/N,•!/tJ~o.-,c.~ f /.~a~eK7=~ D~vyruc. E. If a city and/or county-sanctioned citizens' group exists in the area of the annexation, please list its name and the name and address of a contact person. 7 III. REASON FOR BOUNDARY CHANGE A. ORS 199.462 of the Boundary Commission Act states: "When reviewing a boundary change, a boundary commission shall consider economic, demographic, and sociological projections pertinent to the proposal, and past and prospective physical developments of land that would directly or indirectly be affected by the proposed boundary change." Considering these points, please provide the reasons the proposed boundary change should be made. Please be very specific. Use dditional pages if necessary. -r ,v w,Tl~ Ti ,9~eo .la,o,~ urve✓EvE,.r/. ~ ra ;r O .f& ?:y g eo r.ey,,wr vim' .14eA-7 d e 4vye ..~-_,-v'' ~.d Aeo ,fie 8 - B. If the reason is to obtain specific municipal services such as water service, sewerage service, fire protection, etc., please indicate the following: 1. Proximity of facilities (such as water mains, sewer laterals, etc.) to the territory to be annexed. (Please indicate location of facilities--for example: 8" water main in Durham Rd. 500 feet from east edge of territory.). Please indicate whose facilities they are and whether in fact these facilities will be the ones actually providing service to the area. If the facilities belong to another governmental entity, explain the agreement by. which they will provide the service and what the city's policy is on subsequent withdrawal and/or compensation to the other unit. e t t 4,v 7, : 1 e ~v fh`e ,l"n4 19~ ceaT ) Avo ` / /f"` 7o' ta¢S oac+/;~ce.~T iN T A ~ ~ .~~a2 o f e~.r 2. The time at which services can be reasonably provided by the city or district. 3. The estimated cost of extending such facilities and/or services and what is to be the method of financing? (Attach any supporting documents.) 4.• Availability of the desired service from any other unit of local government. (Please indicate the government.) IV. EXISTI14G GOVERNMENTAL SERVICES IN TEfE TERRITORY A. If the territory described in the proposal is presently included within the boundaries of any of the following types of governmental units, please so indi- cate by stating the name or names of the governmental units involved: city _ i jq sp County Service Dist. !!E Hwy. Lighting Dist. Park $ Rec. Dist. , Rural Fire Di..=,t.~;~ Sanitary District ew Water District B. If any of the above units are presently servicing the territory (for instance, are residences in the territory hooked-up to a public sewer or water system), pleas so described. /f NAME:J ~rwAiaT /+t1 /e'l®t911 C. ~LU»~G~~~ Q . ADDRESS: - ~Tltle)~ 7227 A),W TELEPHONE NC): DATE: 11,1-.2 r- AGENCY : -9- s~-,4 ~a l lsb Cries ~o ~CcQ ew ke c' l MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council Respond By FROM: Cathy Wheatley, Deputy Recorded-" -For Your Information DATE: December 1, 1988 --Sign and Return SUBJECT: December 5, 1988 Council Meeting Fyre/Moore Annexation Public Blearing Attached is written testimony submitted by Mrs. Earl Busby with regard to the above--referenced annexation public hearing. This material should be included with your packet material for the December 5 meeting (Agenda Item No. 6). 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The temporary use approval is for a mobile office trailer which will provide emergency space E" while Key Bank prepares to relocate on SW 69th Avenue. The variance requests are to allow more than one extension and to allow an extension in excess of ¢ 4 one year. Attached is the staff report, the applicant's statement and a vicinity map. ALTERNATIVES CONSIDERED 1. Approve the Planning Director's recommendation for approval subject to certain conditions. 2. Approve the recommendation for approval with modifications.' c 3. Deny the application. k FISCAL IMPACT a: A. v ~v SUGGESTED ACTION e r,. Approve the recommendation made by the Planning Director for approval subject to certain conditions. ` 8109D g ` Itl= f.~lfT~MH011 ~ o•' -I cO,A6A\ I s. - i E 3 s MCA r. sb UK IM jj W ,[(KLAN R\. w fr Z [r eoR(A sc PWL LE` nS • ELEMENTARY = \I[ E, i SGFtOQI. \I r. ow sT. r , . i s rim fir. • r... e fR. / p • S w y1Rpf{IAf 1 I J { TA r. T[cM c[RT[R DROVE 1.i t 4 i / ~tje a •~i ' ~ 4_J ww:s La10 ~M 1 l STAFF REPORT AGENDA I"tEM DECEMBER 5, 1988 - 7:30 P.M. TIGARD CITY COUNCIL TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Temporary Use 10-86R and Variance V 88-31 REQUEST: A request by Pacific Western Bank for approval of a variance to allow a one-year extension of a previously approved two-year temporary use request to continue use of an office trailer on a 3.92 acre site. COMPREHENSIVE PLAN DESIGNATION: Commercial Professional ZONING DESIGNATION: Commercial Professional (C-P) APPLICANT: Nevi Takasumi OWNER: ACS/Pacific Western Bank Pacific Western Bank 300 Pacwest Center 300 Pacwest Center 1200 SW Fifth Avenue 1211 SW Fifth Avenue Portland, OR 97204 Portland, OR 97204 LOCATION: 2. Background Information A temporary use request was submitted to the Planning Division in September, 1986, requesting approval to locate a 24' x 60' mobile trailer to be used as emergency office space for the bank's service center. The future merger and acquisition of other banks was given as the reason. Resolution 86-123A approved this request subject to certain conditions. In 1987, the applicant requested a renewal of the temporary use permit and that request was also approved by resolution. In July, 1988, a request for a Site Development Review (SDR 88-16) and Variance (V88-22) was approved for Pacific Western Bank subject to 13 conditions. The approval was for construction of an 88,125 square foot office building on SW 68th Parkway and variances to the parking space width and the required number of driveways. The construction of this facility has begun and the applicants indicate that this building may be expanded in the future. STAFF REPORT - TU 10-86R/V 88-31 - PAGE 1 3. Vicinitv Information Properties to the east, west and southwest are zoned and developed I-P (Industrial Park). Properties to the north and south are zoned C-P (Commercial Professional). 4. Site Information and Proposal Description The subject parcel is located at the southeast corner of SW 72nd and SW Sandburg Street. The northern tax lot 3800 contains the Associated Computer Services building and the trailer. Tax lot 3900 to the south contains the Pacific Western Bank's Service Center. The applicant is requesting variances to Code Section 18.140.020(c)(1) which allows a maximum of a one-year extension to temporary use permits and Section 18.140.020(c)(4) which allows only one renewal for temporary uses. 5. Agency and NPO Comments The City Engineering Division has reviewed the proposal and has no comments or objections to it. The City Building Division has reviewed the proposal and comments: This department will only support- an extension to the date of occupancy of their new building or November 2, 1989. Any occupancy beyond that time will require the building to meet applicable building codes. The Building Official notes that the applicant's statement requests a final date of November 2, 1989 and elsewhere in the statement requests an expiration date of November, 1990. The Fire District states that it shall be acceptable to continue occupancy of the structure until the new facility is completed and an occupancy certificate is issued or until November 2, 1989, whichever comes first. The November 1990 date noted in Section III is unacceptable. No other comments were received. B. FINDINGS AND CONCLUSIONS This application will be considered by the City Council and not the Planning Director because the two previous temporary use requests were considered by the Council. Section 18.134.050 of Tigard`s Community Development Code contains the approval criteria whereby the Director (or the Council in this case) can approve, approve with conditions, or deny a request for an Administrative Variance. They are: (1) The proposed variance will not be materially detrimental to the purposes of this Code, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies and standards; and to other properties in the same zoning district or vicinity. STAFF REPORT - TU 10-86R/V 88-31 - PAGE 2 (2) There are special circumstances that exist- which are peculiar to the lot- size or shape, topography or other circumstances over which the applicant has no control, and which are riot applicable to other properties in the same zoning district-; (3) The used proposed will be the same as permitted under this Code and City standards will be maintained to the greatest extent that is reasonably possible, while permitting some economic use of the land; (4) Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will riot be adversely affected any more than would occur if the development were located as specified in the Code; and (5) The hardship is not self--imposed and the variance requested is the minimum variance which would alleviate the hardship. In previous requests by the applicant, it has been stated that banks are limited from committing funds for merger expenses before the effective date of a merger. Immediately after a merger, the banks must operate as one bank. This creates an emergency situation beyond the control of the bank. The applicant now states that the new Key Pacific Services Corporation service center will be available for occupancy in September, 1989, yet he is requesting a Variance to allow more than one renewal for longer than one year. Staff finds that this request is not in conflict with the Code standards or the Comprehensive Plan policies and will not be materially detrimental to other properties in the vicinity. Regulations preventing the operation of a bank as a single entity prior to a merger and the inability of the bank to move into its new location constitute special circumstances related to this case. City standards will be maintained to the greatest degree possible and existing physical and natural systems will not be affected (the trailer is already in place). The applicant provides no justification for an additional two-year extension. Staff can only assume that this would allow the bank one year to transfer its operations to the new facility. Staff recommends, absent of further specific justification, that this temporary permit be extended for a period no longer than 13 months. STAFF REPORT - TU 10-86R/V 88-31 - PAGE 3 C. RECOMMENDATION Based upon the findings and conclusions noted above, the Planning Director recommends approval of TU 10-86 and V 88-31 subject to the following conditions: 1. Unless otherwise rioted, all conditions of approval shall be met prior to issuance of an occupancy permit for the new building at 11308 SW 68th Parkway. 2. The trailer must be removed from the SW Sandburg Street location no later than 4 p.m. on December 17, 1989. 3. This permit is valid until December 17, 1989 and shall not be extended. PREPARED BY: Deborah A. S-uar•t APPROVED BY: Kei h S. Eiden Assistant Planner Senior Planner 8109D STAFF REPORT - TU 10-86R/V 88-31 - PAGE 4 NARRATIVE IN SUPPORT OF A VARIANCE AND TEMPORARY USE TIME EXTENSION Key Pacific Services Corporation , September 26, 1988 I. INTRODUCTION This is a proposal to extend the approved time period for use of a temporary "mobile home office trailer" in the CP zone. The occupant of the site, Key Bank of Oregon, received approval for this use until November 17, 1987, and an extension of time until November 2, 1988. We are requesting that this proposed Temporary Use and variance be granted a second extension until November 2, 1989. The criteria for approval, as reviewed in following sections, includes the temporary use criteria of Ch. 18.140 and the variance criteria of Ch. 18.140.020(C) to allow a second time extension. The need for this time extension is a result of the timing of construction of the new Key Pacific Services Corporation service center in Tigard. Now under j construction, this facility will be available for occupancy in September 1989. i The time extension will allow continued operation of the temporary office until the permanent facility is available. 1 II. TEMPORARY USE CRITERIA Chapter 18.140 of the Tigard Community Development Code provides certain criteria for approval of the temporary use of a mobile home in a Commercial or Industrial I zone. These were reviewed in 1986 and 1987 with respect to the use, and it was found that the criteria were met. For the purposes of this review, it should be noted that circumstances and conditions have not changed since the review/approval in 1987. Further, all conditions of approval have been met and no conflicts have been identified. Therefore, the staff findings of Staff Report TU 10-86 are relevant and sufficient to address the standards of Ch. 18.140: 111. Chapter 18.140 states that the following criteria must be satisfied in order to approve a temporary use for a mobile home in a Commercial or Industrial zone: (A) The need for use is the direct result of a casualty loss, such as fire, windstorm, flood or other severe damage by the elements to a preexisting structure or facility previously occupied by the applicant on the premises for which the permit is sought; or (B) The applicant has been evicted within sixty days of the date of the application from a preexisting occupancy of the premises for which the permit is sought as a result of condemnation proceedings by a public authority, or eviction by abatement of nuisance proceedings, or by determination C of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use; or (C) There has been a loss of leasehold occupancy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant; and (D) There exists adequate and safe ingress and egress when combined with the other uses of the property as required by 18.108 Access and 18.102 Clear Vision; (E) There exists adequate parking for the customers of the temporary use as required by 18.106 Off-Street Parking. (F) The use will not result in congestion on adequate streets; (G) The use will pose no hazard to pedestrians in the area of the use; (H) The use will not create adverse off-site impacts including noise, odors, vibrations, glare or lights which will affect the adjoining uses in a manner which other uses allowed outright in the zone would not affect the adjoining uses. (a) The proposal meets the requirements for adequate and safe egress, adequate parking, congestion, pedestrian hazards and off-site impacts. (b) Section 18.140.060 (c)(1)(A) states that the need for the mobile home must be the direct result of a casualty loss. An intermediate change in the corporate structure of a business could be construed as a casualty loss because the business is unable to predict precisely when or whether additional acquisition of banks in Oregon and Washington will occur." III. VARIANCE CRITERIA Ch. 18.140.020(C) indicates that a temporary use permit may be granted for one year, with one extension. As noted above, the permanent facility, which will replace the approved temporary use, will not be available for occupancy until 1989. Therefore, a variance to exceed the one-year extension is requested. Specifically, this request is to allow a second one-year extension for occupancy of the use, until November 1990 or completion and occupancy of the permanent facility, whichever comes first. 1 The variance criteria of Ch. 18.134.050 are addressed as follows: (1) "Policies and Standards, Properties" The operation of the temporary use for two years with no adverse effect documents that no conflict exists with the City's land use policies or procedures. Similarly, there has been no conflict with adjacent uses during this time period. (2) "Special Circumstances" Although not specifically site related, there are special circumstances with respect to completion of the new permanent facility, and its unavailability until 1989. Various circumstances beyond the control of the applicant led to this condition, including the various approvals required and the actual construction period. These are special circumstances, atypical to other properties in the area, which meet the intent of this condition. (3) "Economic Use" The use of the existing mobile home trailer as an office is consistent with the applicable zoning. It has previously been found that this use meets other City policies and standards. (4) "Physical Conditions" No physical or natural systems will be affected by the extended use of the trailer,,since it is established and operational. (5) "Hardship" At the time of the past approvals, it was anticipated that the two year duration would be sufficient to allow completion of the permanent facility. However, unforeseen delays have prevented its occupancy until 1989. The proposed variance to extend the temporary use for up to one year or until occupancy of the permanent facility is the minimum variance required to alleviate the hardship on the applicant. IV. SUMMARY This two part request will provide a short time extension to allow continued use of an approved temporary office until the Key Pacific Services facility is available for occupancy. During the past two years, no complaints or conflicts have resulted from this use. Its extension will ensure the alleviation of a significant potential hardship to the applicant, should the existing temporary use approval expire. l~ T. r' ~ : ~ n ~r t C t~ ~ ~ [ ( t ~ i ~ ! J n, r, t I` ! . 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Sf' bl EI - 2i I I 01 s s_. c a s b e z 1'"~ 06 6a BZ 1Z SZ S2 >a Ea ZZ - ',ni~mluulunG3ulnnt~iduxlan ~ ,~1 ~ ~ x r pp ' ~aa,.~,. " . . ~ ~s., a r- _ < - ~ 1, .._..----r-~r-,..........~.--+.^°"'i°v.-~~^m ~ - r L.~:wMw,.ww..~n.....~..-_...-ir ..nn.... _ _ .,,..y~., , ~ r f i , i . „~ci?+--ice tf l/ v x - ~ r ~ / •'r _ Tr+e.w~ - . ' J✓ . 'G - ! , rr' ~ 'y/ ~ ` ter- d> _ 4, 'A _ s' ' ~ x ~ ~ ~ J - 1r~ ~ ~ _ ' s - ~ 7, ~ _ . ~ ~ - f, _ ~ ~ _ _ ~ i~. ~ .s ~ k'i` ~ d;,.~ ~ ~ ~ ~ _ M j, 1- ~4~if":~ +f` 1 - ~ ka~r---.- y ~ r' I Yt wr w 4 ~i ~ ~ ~ 0 a ~ ~ ~ 0 J / ~ ytirw ` V it - ~ ~1) ,„..a ~ e ~ ~"~J, ~ ~ ~ ;o . 1, R'^U ~ ~ ~a~ i ~ J9 s= 1 ~`i~'1~ 'Yr- ~ ~ COOK PARK MASTER PLAN r~rr or nwaaoa - . ~ ~ • _ . _ a„ M , _ 1.~1TfI11111111111ff1111111 T f~1111 I i I11111~1 ,I 'f fl II~IIIIZ1.fT1 III IIIiIi. ~7III111111111}II [il. I~r ilife_.1-c .I_If~~l~~Llh(RlTf~mi 1.I'.'~~7~'1lI_~j~~~~~►~n+~l~rfr~r~rj~rJ ~,~~~I~I~ ~ ~7 1~111~1~1~1{1~ ! I J _r ~ Is NICRvHUIEO 2 3 4 _ 5 8 7 8 8 d I I. _ 12 NOTE. IF TN ' pWlNIN6 1S LESS CLEAR THAN ~ TNIS NOTICE. Ii 1S OUE 1D ~ I _ 1}E QUALITY OF Tff ORIGHUL ~ ' _ ~NANING' ~ ! O¢ 62 82 Q 9Z SZ~ bZ EZ ZZ ' IZ OZ 81 BI LI 91 ' Sf bl fil ZI 11 01 6 0 L 9 S b E Z 1""' 'INI~IItI~ItIIIIIII~IIII~INipll~ _ ~ a r~ ~ ~ d 11 ~ C!~t ~ n..~ ..Y•.. _ , r ,,_..f IS.'•~.'.......^'m,.^^.__...r.ms 1 ~r'_:G~E4kn.~.yp...-.v+--+..~-.-.~.'~ 1( ~ ~ "l. _ ~ r CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 12/5/88 DATE SUBMITTED: 11/23/88 ' ISSUE/AGENDA TITLE: _1oisp.ordinance PREVIOUS ACTION: revision PREPARED BY Keith Li en Bra .Roast REQUESTED BY: DEPT HEAD OK NCLTY ADMIN Z71 P LICY ISSUE ~M INFORMATION SUMMARY Staff has prepared a memo with a suggested revision to the present City Code. The intent of this recommendation is to comply with Council's previously expressed concern that DEQ's noise standards may be unacceptable under certain circumstances. This memo is intended for discussion purposes to obtain further direction from the Council regarding this Code amendment. l t i } i F r ALTERNATIVES CONSIDERED 1. Direct staff to prepare an ordinance amendment consistent with the k attached memo. r 2. Direct staff to prepare an ordinance amendment that modifies the action suggested. i t~ f i i r FISCAL IMPACT `r i f SUGGESTED ACTION Direct staff to prepare an ordinance revision consistent with the attached memo. MEMORANDUM FROM: Keith Liden TO: Ed Murphy RE: Noise Ordinance Amendments Due primarily to the recent noise problems experienced at Tigard Market Place, the City staff has been asked to re-evaluate the current City noise ordinance. The revelant provisions are found in Section 7.40.150-170 of the TMC. Section 7.40.160 contains the following requirements: Time Maximum Noise Level, DBA 7:00am - 10:00pm 60 10:00pm - 7:00am 55 These standards vary from DEQ requirements which apply to a noise level that cannot be exceeded over 50% of the time (L50). The DEQ standards for noise measured at L50 are as follows: Time Maximum Noise Level at L50 dBA 7:00am - 10:00pm 55 10:00pm - 7:00am 50 Because of the differences in the way noise levels are measured (absolute maximum v. 50% std.), it is difficult to determine which method 14 more restrictive. For this reason, I would recommend that any revised standard considered by the City be consistent with DEQ•s method.of'measurement (ie. L50 dBA). Brad and I would also recommend' that. different standards be applied for residential and ccmms.rcial/industrial properties. our recommended revision to Section 7.40.160 is noted below: Time Maximum Noise. Level at L50 dBA 7:00am - 10:00pm 50 - Residential zones, 55 - Commercial/industrial-zones'. 10:00pm - 7:00am 45 - Residential zones 50 - Commercial/Industrial zones . Attached is a copy of the present noise requirements found ;in Sections 7.40.150-170. We have received several local ordinances' from' 'other jurisdictions and we will be prepared to,discuss our recommendation so. well as other possible approaches to this problem with the City Council. 7,40.150--7.40.180 i at a point located twenty-five feet from the noise-sensitive structure toward the noise source. (Ord. 86-20 §4(Exhibit C (6) (1) (b)) , 1986) . 7.40.150 Noise emanating from certain property: Exccpt as may be expressly allowed pursuant to the provisions of Section 7.40.220, no person shall cause or permit noise to emanate from the property under his or her control so as to cause the ambient noise level at the nearest noise-sensitive property to exceed the levels set forth in Section 7.40.160, as measured at a point located twenty-five feet from the noise-sensitive structure toward the noise source. (Ord. 86-20 §4 (Exhibit C (6) (1) (c)) , 1986) . 7.40.160 Allowable noise limits. Allowable noise limits are as follows: Time Maximum Noise Level, DBA 7:00 a.m. 10:00 p.m. 60 10:00 p.m. 7:00 a.m. 55 (Ord. 86-20 §4 (Exhibit C (6) (1) (d)) , 1986). 7.40.170 Noise--Exemptions to restrictions. The re- strictions imposed by Sections 7.40.140 through 7.40.160 of this chapter shall not apply to the following: (a) Emergency equipment not operating on a regular or scheduled basis; (b) Noise emanating from the Pacific Highway, Highway I-217 and Highway I-5; (c) Sounds originating on construction sites and rea- sonably necessary to the accomplishment of work in progress; provided, however, that no construction work may be carried on between the hours of nine p.m. and seven a.m., except for 31 bona fide emergencies where the public health or safety is threatened or which a special permit, granted by the city council, has been first obtained. Any such special permit Yr, may be granted by the city council only after first having held a hearing and having otherwise followed the administra- tive procedures contained in Chapter 18.32 of this code; (d) Emergency repair equipment not operated on a regu- lar or scheduled basis; s (e) Lawn, garden or household equipment associated with the normal repair, upkeep or maintenance of property. (Ord. 86-20 §4 (Exhibit C (6) (1) (e)) , 1986). r r., 7.40.186 Jake brakes prohibited. No person shall operate within the city limits of the city of Tigard a motor vehicle exhaust-braking system commonly known as a "jake " brake." For the purposes of this section, the exceptions set forth in Section 7.40.170 shall not apply, and this dMI 87-2 (Tigard 1/15/87) i F; fy