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City Council Packet - 02/21/1995j - F i EwF~'a' l a C~~T 'ALL "D i DI r1 WILL ~ C-5 ~rD 70 PLEASM, L~~.v'~Sc~-* ff"t~-.`-.,d ~4~~ M.d!~ c~eaeSL -u,✓ ~d+ur~ ~Sad~ mammswof"'i 0,00 i i F i MEMORANDUM CITY OF TIGARD, OREGON Honorable Mayor and City Council Cathy Wheatley, City Recorder February 16, 1995 February 21, 1945 Council Meeting All packet material for the February 14, 1995, will be used for the February 21 meeting. ' The attached information should be incorporated into your j February 21 meeting packet. The attached agenda is changed somewhat from the February 14 agenda the changes include: i • study Meeting: j - added • Report to Council on CPA Proposals for the j Tigard Triangle - Commercial Zoning f <; - Discussion: Request by Fans of b <snnc Crre}: i for $5,000 - Tree Planting CSvC 0216.951 j i a A CITY OF TIGARD I OREGON j t PUBLIC i+1077CE. Anyone wishing to speak on an agenda item should sign on the apprap late sign-up sheet(s). If no sheet Is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agents by contacting either the Mayor or the City Administrator. Times noted are gsfirgrgh%t it is recommended that persons interested in testriying be present by 7.15 p.m. to sign in on the testimony sign-in sheet. Suess acerrd~ ° mn be heard in any order gW 7: 3gym. Assistive Listening Devices are available for pnsons with impaired hearing and should be scheduled for Council n7 fttings bye wcr, on he fv7onday prior to than Ccincil meeting. Please call 631179, Zrxt. 309 (voice., or 684-2772 (TOD . TelecomMunicaticrs DW160s for the Dean. Upon request, the City will arso endeavor to arrange for the following servic6s • Qualified sigh lenguage interpreterrs for persons with speech or hearing impa- irm,ents, and • Oualified bilingual interprelars. i I Since these services must be scheduled with outside service providers, it is important to ailow as much lead Urne as possible. Please notify the City of your need by 5:00 p.m. on Me Thursday preceding the meeting date at the same phone numbers as listed above 639-417 1, FExt. 303 (vaice) or 684-2772 (TDD Telecommunicatlans Devices for the neat). SEE ATI:A.CH , aF IDA, COUNCIL ,l'tiGEK)A - FEBRUARY 14, 0225 - PAGE I t, J .`j AGENDA CITY COUNCIL MEETING u FEBRUARY 14, 1995 6:30 p.m. STUDY MEETING I j Executive Session: The Tigard City Council will go into &-ecutive Session under the provisions of ORS 192.6650 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. t Agenda RevIema 7:30 p.m. - 1. BUSINESS MEETING 1.1 Cali to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance i 1.4 Council Cori munications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 p.m. 2. PROCLAMATIONS: E Mayor Nicoll ~ 2.1 Child Passenger Safety Awareness Week (February 12-18, 1995) 2.2: Loaves & Fishes Day (February 21, 1995) i 1:45 p,rn. - 3. 115VTOR'S AGENDA (Two Minutes or Less, Please) x:55 p.m. - 4. CCU-:ISEN s `.AGENDA: There stems a: a considered to be routine and may b-- enwed in one motions without separate discussion. Anyone may request tha are j iTem be removed by motion for discussion and separate action. Motion to: 4.1 Approve, Council Minutes: January 10, 17, 1995 4.2 Receive and File: E a. Council Calendar b. Tentative Agenda F 4.3 Confirm JPACT' !Member and Alternate Choice: j Member.... Rob Drake, Mayor of Beaverton Aternate John Godsey, Councilor, City of Hillsboro 4.4 Approve Final Carder Withdrawal of Proposed Comprehensive Plan j Amendment CPA 94-0002/Zone Change ZON 94-0002 Triangle Land Use - Resolution No. 9 5 ~.5 Approve Budget Co;r mitfee Appointments - Resolution No. 95-_ 4.6 Approve Funding Request - Tigard Festival of Balloons - June, 1995 - i Resolution No. 95- COUNCIL AGEtv€DA - FEBRUARY 14, 1995, - PACE 2 A request for Site Development Review, Planned Development Review, and Sensitive Lands Review approval to allow construction of a general retail and professional office center providing up to 342,500 square feet of retail and commercial office space. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.62, 18.80, 18.84, 18.90, 18.92, 18.94, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.144,, 18.150, and 1E t64. ZION r C-r (PD) (General Commercial, Planned Development) The C-G zone allows public cogency and administrative services, public support facilities, professionai and administrative services, financial, insurance, and real estate services, business support services, general retail sales, and eating; and drinking establishments among other' uses. The €'D (Planned Development) overlay zone provides a means to use new techniques and technology in community development. The Planned Development zone fas iiitat€ s eMcient economic use of land and preserves to the greatest extent possible he existing landscape features and amenities. Council gave tentaNs approval try the proposal, with conditions, on January 1 i, 0995. Tne hearing was set over to January 31, 1995, to consider the Final Order. , Because of legal notification requirements, the January 31, 1995, meeting were c-ontinued to February' 14, 1995. The record has been held open. 8:S0 parry. a. Open Public Hear-Ing (Continued from 11131/95) 8:55 P.M. b. Declarations o Challenges 9:00 P'M. C. Staff: Report: l4 orrimunity Development Staff (Martin hearing continued to nex! page COUNCIL AGENDA - FEBRUARY 14, 1995 e PAGE 3 3 ~ d. Public Testimony f 9:10 P.M. Applicant (rime Limit: 10 minutes) 9:20 p.m. Opponents (rime Unit: 10 minutes) i 9:30 P.M. Proponents (Time Limit: 10 minutes) 9;40 p.m, Rebuttal (Time Limit: 10 minutes) 9:50 p.m. e. Council Questions F . 10:05 p.m. t Close Public Dearing k ' j 10:05 P.M. g. Staff Recommendation I 10:10 p.m. h. Council Deliberation { 10:2'0 p.m. ; 8. MON-AGENDA ITEMS 10:30 P.M. 9. EXECUTIVE SESSION: The Tigard C' Council will 8is into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, ~ real property transactions, current and pending litigation issues. 10:45 p.m. j 1 10. ADJOURNMENT , f i , 1 f ' i i i j V COUNCIL AGy.•NR'A - FEBRUARY 4, 1995 - PAGE 4 { i OVI d 2/17/95 CITY OF TIGARD OREGON i PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's, Agenda items are asked to be two minutes or less. Longer natters can be set for a future Agenda by contacting either the Mayor or the City Administrator. Times noted are esti ated: it is recommended that persons interested in tesfflying be present by 7.15 p.m. to sign in on the testimony sign-in sheet psi a ' items in any oreW p A.ss%s:ivo Listening Devices are available for persons with impaired hearing and should be s3chaduled fo; Council meetings by noon on the hllonday prior to the Council maetirg. Please call 6-29-1171, Ext 309 (voice) or, 684-27772 (LDD - "a elecommunications Devices for the € eao. Upon te-quest, the Ciij ;Anil alsr endaavos to arrangs for the following services: Qu }iified :sign language interpf aters for persons with speech cr hearing impairment, and Qu,Jifled bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to Omv as much lead lime as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the'same , phone numbers as listed above: 6391971, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the D&-4. AI i~CHED ACENDA COaT ICIL AGENDA a FEBRUARY 21 f 1995 PAGE I 3 l 7:30 p.m. 1.1 Lail to Order - City Council Local contract. 9evievv Board, 1.2 Roil Call 1.3 Pledge of Allegiance 1.4 Council Con-irnunications/Liaison Reports 1.5 Caii to Council and Staff for Pion-Agenda Iter ns 7:35 p.m. 2. Bpi OCLXV h TIONS: Mayor Niroli 2.1 Chid Passenger Safety A.«rareness Week (FeLrugry 12-18, 1995) 2.2 Loaves & Fishes 'bray (February 21, '1995) 7:45 p.m. 3. viSiTOR'S P.,GE DA (Two MinVtes or Less, Please) COUNCIL AGENDA FFSRTJARY 21, 1:995 - PAGE 2 s 1 i ii. I 7.55 p.m, 4. COHSE AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes: January 10, 17, 1995 4.2 Receive and File: f & Council Calendar b. Tentative Agenda € 4.8 Confirm JPACT Member and filemate Choice: Member.... Rob Drake, Mayor of Beaverton Alternate John Godsey, Councilor, City of Hillsboro 4.4 approve Final Order - Withdrawal of Proposed Comprehensive Plan ~ Amendment CPA 94-0002/zone Change ZON 94-0002 Triangle Land Use ~ - Resolution No. 95 4.5 Approve Budget Committee Appointments - Resolution No. 95 4.6 Approve Funding Request - Tigard Festival of Balloons - June, 1995 - - Resolution No. 95 8:00 p.m. 5. COUNCIL CONSIDERATION: GRANT AVENUE SIDEWALK PROJEC a' Council to consider authoring the City Engineer to advertise fur pion for r construction of the Grant Avenue Sidewalk and confirm that the sidewalk will be cunstruoted along the west side of Grant Avenue between Johnson Street and C. F. Tigard School. Staff Report - Enginecriing Department 8:10 p,M. 5. COU 'CiL DISCUSSION: POLICY • %,K, Report - Comr-nuni y Development Department Development Code Chapters 1€3.32, 18.62, 18.80, 18.84, 18.90, 18.92, 18.94, 18.98, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.144, 18.150, and 18.164. ZONE: C-G (PD) (General Commercial, Planned r Development) The C-G zone allows public agency and administrative services, public support facilMes, professional and administrative services, financial, insurance, and real estate services, business support services, general retail vales, f and eating and drinking establishments among other uses. The PD (Planned Development) overlay zone provides a means to use now techniques and t - technology in community development. The Planned Development zone facilitates efficient economic use of land and preserves to the greatest extent possible the existing landscape features and amenities. E 8:80 p.m. a. Open Public Tearing: Council gave tentative approval to the proposal, with conditions, on January 17, 1995. The hearing was set over to January 31, 1995, to consider the Final Order. Because of legal notification requirements, the January 31, 1995, meeting was continued to February 14, 1995. Due to inclement weather, the February 14 meeting was set over to February 21, 1995. The record has been held open. s F; 8:35 p.m. b. Declarations or Challenges 8:40 p.m. C. Staff Report: Community Development Staff f d. Public Testimony 8:50 p.m. o Applicant (Time Limit: 10 minutes) 9:00 P.M. Opponents (Time Umit: 10 minutes) 9:10 p.m. Proponents (Time Umit: 10 minutes) 9:20 p.m. = Pebutta! f rime Umit: 10 minutes) 9:30 p.m, e. Council Questions 9:45 p.m. f. Close Public bearing 9:46 p.m. g. Staff Recommendation 9:50 p.rn. h. Council' Deliberation F "110:00 p.m. 10:10 p.m. 9. EXECUTE' E: 3ES8tGNI: The Tigard O y Council wiii go into Executive 3ossion under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, i real property transactions, current and pending litigation issues. 10:30 P.M. 10. ADJOURNMENT C~ O'214.95; COUNCIL AGENDA ° FEBRUARY 21, 19-95 - PAGE 4 I 4- Agenda Item 24.1 TI_GA_RO CITE coUNCI L = MEETING MINUTES FEBRUARY 21, 1996 m Meeting was called to order at 6:36 p.m. by council President Hunt. STUDY SESSION (Mayor Nicoli arrived at 6:37 p.m.) Executive Session: The Tigard City Council went into Executive Session at 6:36 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. (Executive Session recessed: 7:26 p.m.) (Study Session convened: 7:28 p.m.) Report to Council: Process for Comprehensive Plan 2Lmendment Proposals in the Tigard Triangle - Commercial Zoning - Senior Planner- Landsman outlined the steps proposed to allow the ' Triangle to develop as commercial with design standards. This would 'include amendment to the comprehensive plan map and zoning map. Such amendments require findings,, which would include performing a transportation impact analysis. After nearing the staff report and comment from residents in i the Triangle area, Council, discussed concerns with the length of time suchamendments would take, but would not want to take away the City's ability to contra? the type of commercial development for the area. The following citizens spoke with regard to issues as rioted: John Wozniak, asked questions on the traffic study. senior Planner Landsman responded to Mrr. Wozniak,: this traffic study - will assume full build-out by the year 2015 with all commercial. There was discussion on the need to wait for the traffic s-tLldy and the impacts to 99W. Jack Folans, 1.600 S. W. Queen Victoria, Ring City, Oregon, testified with regard to concerns he had for citizens and the ? devaluation of private property. C. F_ E_ f t j ' Joanne Nordling, 7105 S.W. Elmhurst Street, Tigard, Oregon, emphasized the need for involving the residents in any process from this point on. Mayor Nicoli explained the process which may include formation of a task force. The task force would be comprised of business representatives and residents of the j Triangle area. In addition, hearings and public participation would be expected involving the Planning Commission and City Council G ~ f Kathy Godfrey, 7435 S.B. Hermoso, Tigard, Oregon, advised that she was vehemently opposed to dragging out the process. She said the planning for the area has been ongoing for nearly 10 ~ years and keeps starting over again. She noted that an additional year for rezoning and planning would be acceptable; ? however, two years would he "too hard. 11 Ms, Godfrey advised that she was hopeful that a developer will want to develop the l entire 14-acre tract at the end of the process. In a response from Councilor Rohlf, Ms. Godfrey advised that 31 people in ,.i the Hermosa development are willing to leave. one person, she ` advised, indicated in the past that he did not want to leave. r Paul canutt, 7460 S.W. Beveland, Tigard, Oregon, advised that the people in his area would like to see the process go as quickly as possible. He noted that school property was up for sale and believed that this represented a window of opportunity for the properties to go as a unit. a F, Staff was asked to coarse back to the next Council meeting with I timelines. one timeline would indicate the normal mode, for a quasi-judicial Comprehensive Plan Amendment process. A second timeline would depict an expedited made. Dis0u--, ,iC,n Fa erI's Market Bvent - The Tigard F'armer's i Market avent occurs every year from June' to October. The market is open every Saturday. This event has been held in i 'a the agno-Huampheries parking lot; however, this site will no i longer be available for this use.. Mr. David Hughes and other representatives of the Farmer°s Market requested Council to consider holding this event on the 'City Hall parking lot. r.0here was brief discussion on the need to consider activities which occur at the Library and City Hall on weekends. There was also some discussion about looking at the Tigard Water Building parking lot with overflow `parking at the Niche. Aarain, there is umekend activity (room rental) at this 'j building. ~ r Staff and Market representatives will meet to discuss options', a then report to Council. fi Discussion: Rermost by Res of i anno Creek for $5,000 - `frce t - Pla eting - Consideration of this request was se's over to 2,/28 /95~ ' CITY COU24CIL "ETING F,I1111TU ES ~ FEBRUPRY 21, 1995 - PAGE 2 i i ~ f } 1 ff3USIN7ESS MEETING 4 1. Rd31:+L CALI3 Council Present: Mayor Jim N;icoli; Councilors Wendi Conover r a Hawley, Paul Fount, Bob Raylf, and Ken Scheckla. Staff s' Present: Bill Monahan, City Administrator; Dick Bewersdorff, ! Senior Planner; Liz Newton, Community Involvement Coordinator; Tim Ramis, Legal Counsel; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. E 2. VISITOR'S AGENDA: • Jack Polans, King City, mentioned a number of items including water and development issues. He noted he would be writing to the City. ' Marvin Lindquist, reported on discussion held at CIT meetings on annexation. A subcommittee on annexation has been formed at the Central CIT. The Enhanced Sheriff's Patrol, some residents feel, does not offer as much law t enforcement protection as they would like. Question was asked as to whether Tigard could provide, in some way, police protection service to the Walnut Island area. City Administrator Monahan advised he would discuss this idea with Chief Goodpaster.= Nancy Smith, facilitator for Central CIT, reported on a ~ s recent vote as to whether Walnut Island residents were in favor of annexation. 9 voted yes, C no, and 4 abstained. ~ j CONSENT AAGI! ND.A: Councilor Hunt a e.gues recd that i terns 4.5 and 4.6 be considered separately. Motion by Councilor Scheckla seconded by Councilor Hawley to ~ approve Consent Agenda item 4.1 through 4.4 as, fall..--rs: _i A.1 Approve Council Minute: January 10, 17, 1995 i 4.2 Receive and File: a. Council Calendar b. Tentative Agenda ~ 4.3 Confirm JPACT Member and AlLerna e- Choice: f Member. Rob Drake, Mayor of Beaverton i Alternate John Godsey, Councilor, City of "Millsboro 4.4 Approve Final Order - Withdrawal of Proposed Comprehensive Plan Amendment CPA 94--0002/Zone Charade ~ ZON 94-0002 Triangle Land Use Resolution No. 95-47 The motion was approved by unanimous vote of Council present. t (Mayor Nicoli and Councilors Hawley, 'Hunt Rohl` and Scheckla vo cecd "yes. CITY COUNCIL 11=TING 11I:4TJTES - FEBRUARY 21, 1995 - PAGE 3 i r 1 I l tt- l 1 1 . E I 4.5 Approve Budget Committee Appointments: Councilor Bunt questioned the manner in 'which the Budget Committee - Appointments are decided. He advised that he had no problems with the two persons that were being suggested , r for approval; however, he asked that the i r process be explained. Staff advised that 25 applications were received. Of the 25, 5 persons were selected for interviews by staff (one person declined an interview). Four people were interviewed by Mayor Nicoli and Councilor Hawley, who is serving presently on the rotation for the Mayor's Advisory Selection Committee. (City Recorder's note: Upon checking after the Council r Meeting it was ascertained that Councilors served for six months on a rotation basis to assist the Mayor in E interviewing potential Board and Committee members.) Motion by Councilor Bunt, seconded by Councilor Hawley to € approve Resolution No. 95--08 soaking appointments to the Budget = Committee. (Suzanne Beardsley, three year term, expiring June 30, 1997; Joyce Patton filling unexpired term, of Phil Westover 1 expiring June 30, 1995). . The Notion was approved by unanimous vote of Council present. (Mayor Nicoli, Councilors Hawley, 'Aunt, Rohlf and Scheckla voted "yes.") ; ` 4.6 Approve Funding Request v Tigard Festival of Balloons - k F June, 1995. ; Councilor Hunt advised that he was opposed to approving j this funding request. He 'noted concerns with utilizing the ~ general fund contingency for what was being used as . a miscellaneous fund for requests. lie referred to the i process for allocating funds. Mr. Stan Baumhoffer and Mr. Bruce Ellis were present to answer questions with regard to the TigardFestival of Balloons. A brief 'history of the event was reviewed. The Tigard Country Days 'occurs in August. The Hot Air j Balloon event will occur in June. These will be individual Community Events. The Hot Air Balloon will be i sanctioned by the Rose Festival Association. Washington Square is also donating ;5,000; to the event. None of the event will take place on the Washington Square Property. i 1 Lengthy discussion followed with several Cotuacil Members noting their support for the event. It was also noted that other-non-profit organizations within the Community benefit (i.e., Rotary Pancake Breakfast, Tigard High School Sports Booster Cl?zh), ' CITY COUNCIL MEETING I ?IkUJTES - FEBRUARY 21, 1995 PAGE 4 i i j i Motion by Councilor Rohlf, seconded by Councilor Hawley to approve Resolution No. 95-09z This Resolution appropriated contingency of the General Fund for the propesed Tigard Festival of Balloons Event in June, 1995. Motion was approved by a majority vote of Council present. Mayor Nicoli and Councilors Hawley, Rohlf and Scheckla voted "yes"; Councilor Hunt voted "no." Council Meeting Recessed at: 9:21 p.m. j Council Meeting Reconvened at: 9:33 p.m. 5. Council Consideration: Grant Avenue Sidewalk Project Under Council consideration was the request to authorize City Engineer to advertise for bids for construction of the Grant Avenue Sidewalk and confirm that the sidewalk will be constructed along the west side of Grant Avenue between Johnson Street and C.F. Tigard School. Mayor Nicoli noted that this item was put on the Consent Agenda several weeks ago. The Mayor said that he asked that ; it be removed because of contacts by people on Grant Avenue who said that they did not have an opportunity to fully discuss this with staff. Since then, the Mayor advised that he, the city administrator and several staff members met with some of the neighbors. The people in attendance were advised that if`they `were not satisfied with the direction the staff i is recommending,' they ;could come before the full Counci3. and ask for a review of the staff decision. City Engineer Wooley reviewed the issue noting that approximately a year ago the City; accepted a Community Development Block grant to put a sidewalk on one, side of Gran' j Avenue. The City is to match the amount of the grant which occurred during the CIP (Capital improvement Projects) Process f.. which wa : adopted in August. . Funding was received which will enable the City to build a sidewalk on either the East or West: side (or some combination) for the area between the C.F. Tigard School and Johnson Street. _4r. Wooley 'described the options available. Staff was recommending that the City build a new sidewalk on the west side. This would_ mean that there would be a pedestrian I' facility on both sides of the `street which staff 'believes would be the best use of funds., He explained that if anew sidewalk is built on the west side, there are impacts to citizens, existing landscaping. The sidewalk would' be entirely within existing right-of=way, but over the course of the years, landscaping and ;other improvements have occurred. (`this would be disruptive for about two or three homes.) A number of the houses have fences; however, the work could b3 done outside of the fence in the right-of-way. He noted that CITY C(3TRXIL IIEE,TING f11rrk3TES p FEBRUARY 21, 1995 PAGE 5 K-D there was a hedge and a tree which would need to be removed if the sidewalk was built on the west side of the road. Discussion followed on the location of the sidewalk and clarification by several people of their issues by referring t to a map. Councilor Hunt questioned why a sidewalk would be built as long as there is an existing pathway. Discussion followed. 3 i Air. Wooley said an alternative proposal would be to put a sidewalk over where the pathway currently is, which would be ~ a matter of upgrading that pathway to provide a full sidewalk with curb and better drainage. Mr. Wooley explained that the grant funds are committed to building a sidewalk improvement on Grant Avenue. j r Councilor Scheckla noted that it was his understanding that the neighborhood people are in agreement with the sidewalk; however, they would like the sidewalk placed on the other j side. There was further discussion on placement of the ,j sidewalk and the point wherein some of the neighbors objected to the sidewalk as staff was recommending it. r i Mr. Jim Iverson, 12635 S.W. Grant Street, testified. He t advised that he had been.involved with the meetings with the property owners. He noted that neighbors had requested that ' ' the sidewalk be placed on the east side ofthe street between Johnson and Walnut where the present walk exists. in 'addition f he noted that St. Anthony's Church also seemed 'to ;be in favor of ;a sidewalk on the east side. He questioned why a study had not been done to determine whether the construction could b i done on the east side of the street. He noted that he had beer. involved previously with safety issues on the Grant Avenue and Walnut intersection. He advised with the pathway and the intersection improvements, he believed the safety issues_had been `addressed. There was clarification as to where the crosswalk was located. Headvised -that he felt the City had its mind made up with regard to location of the i sidewalk on the west side. i Also of concern 'to Mr. Iverson was the location of his horde and bedroom window to the vicinity to the sidewalk. Dob Moore, 12535 S.W. Grant Avenue, read a letter written f by his wife. In summary the letter referred to the meetings ' with property owners The property owners expressed their desire for the sidewalk to be placed on the east side between Johnson and Walnut streets, where the present `walk exists. Pars. Moore advised that she was aware of the fact that the City had various studies concerning foot traffic, but from what she has heard it seemed a bit confusing on how the number of students involved in crossing Walnut and Grant were CITY COUNCIL 1HEETING MINUTES ° FEBRUARY 21, 1995 - PAGE 6 i i determined. Also, St. Anthony's Church seemed to be in favor of preferring the walk on the east side. She questioned why there had not been a study considering the east side. Mrs. Moore also advised, in' her letter, that the City does not assume responsibility for cleaning walks even when the walks are on the right-of-way. She noted that few property owners take responsibility keeping the sidewalk clean from litter. Another issue was that parking along Grant Avenue would be eliminated if the sidewalk were placed on the west side. Mr. Moore noted concerns with traffic on walnut and advised that, perhaps, a signal was needed. He advised that it seemed to make better sense to him to place the sidewalk on the east side. Mr. Moore reported that all the comments of the local I residents were in favor of the east side location. In response to a question from Mr. Moore, Mr. wooley responded 1 that the grant does not specify that the sidewalk has to be on j one;ride of the street or the other. 1 Mr. (Moore advised that he saw no need for a sidewalk and a path in the area. In a response to a question from Councilor Rohlf, Mr. Iverson advised he had heard no objections from residents on the east side with regard to location of the sidewalk on that side. He noted that the pathway was in good condition between Johnson and Walnut. The pathway from Walnut to C.E. Tigard School was not in good condition. In addition there are some drainage problems between Walnut and C.F. Tigard School. There were additional questions from Council with regard to drainage, parking and landscaping issues. In response to question from Councilor Rohlf, Mr. Wooley advisee that he assumed St. Anthonys would want the sidewalk on their side of the 'street in order to upgrade the frontage access to f th-- i.r school facility. He `advised that he believed most of 1 their students were transported by car. There was discussion j on the location of the `sidewalk and the questioning as to why the 'recommendation was made as i.t, had been. Councilor Schgckla noted concerns about harming. Mr. Moore's landscaping and ~-7as also concerned tree the removal. He advised that he was opposed to the west side and recommended that the sidewalk be constructed on the east side. In response to Councilor Bunt., City Engineer woo.ley advised that safety was one reason for suggesting the west side over ? the east side location of the sidewalk. He advised that it would be the best use of funds in staffs opinion, to place a sidewalk.on the west side since there were `already pedestrian facilities on the east side. j CITY COUNCIL U STING MINUTES ~ FEBRUARY 21, 1995 PAGE 7 i i Councilor Scheckla questioned the recommendation because of the lack of data with regard to how many people would use one ' side or the other side of the street for a walkway. City Engineer wooley responded that staff relied on the information from the schools with regard to potential walkers. Mayor Nicoli after asking if there were any other questions of staff advised that he reviewed what staff had done and he believed that staff acted appropriately. He advised that it was his understanding that this project was approximately $100,000. The City will contribute $40,000 and the Federal a Government will contribute $60,000. He noted that he would be concerned if the walkway was placed over another walkway already in place. He advised that he thought that that would be "throwing away $100,000.11 He noted that he was in favor of leaving the sidewalk "exactly where it is." Councilor Rohlf advised that the existing pathway provided no protection for pedestrians from cars; a raised sidewalk would # probably. provide protection- In light of the objections of ` the neighbors, Mr. Rohlf advised that he would lean toward constructing the sidewalk on the east side or foregoing the ? project altogether. Councilor Hawley advised that she was in favor placing a sidewalk on the west side. She agreed with an earlier comment expressing concern about tearing up the sidewalk only to put f in another sidewalk. In addition, she advised that the staff decision would help create connectivity and access for pedestrian bikeways. She referred to the need for park -r-g, both public and private. In response to question from Councilor Hawley, City Engineer Wooley responded that no additional stree-'-. lighting was included in the `improvement proposals. City Engineer noted that typically on a street like this, the lighting is only on one side. Councilor Scheckla noted concerns with sidewalks in the area especially from -Pacific Highway to Johnson. He said tb.at there were pieces of sidewalks with nothing in between. He noted that platting the sidewalk on the west side would be an i infringement on people in the neighborhood. He said it appeared: as if the City Engineer was saying the City woul6 pout the sidewalk "on'the`West side despite what the neighborhood wanted,. "its a done deal..." Councilor Hawley began to question what Councilor Scheckla was saying at which point Mayor Nicoli noted he would like "like to cut this conversation off" and asked Councilor Hunt to proceed with his remarks on the matter. Councilor Scheckla C]:`.€`Y COUNCIL !~METING MIMAIE'S - FEBRUARY 21, 1935 - PAGE 8 i 1 t i objected noting that he had some input to give and requested the issue be discussed now. After a brief dialogue with Councilor Scheckla, Mayor Nicoli requested that Councilor Hunt proceed with his comments. Councilor Hunt noted that he could not sec any reason why in one instance sidewalks were built (within the last year) along one side of the street. He questioned the consistency of providing sidewalks in neighborhoods. He was also concerned with having meetings with the neighbors and asking for their input and then placing the sidewalk on "the other side of where they want." Council discussion followed on whether or not the whole project should be abandoned because of the neighbors' concerns and the value of the improvements. Council discussed options and also requested ?fir. Iverson and Mr. Moore to make comments. Motion by Councilor Rohlf, seconded by Councilor Hawley to direct staff to explore the alternative of putting a sidewalk on both sides of the street from Walnut up to the C.F. Tigard School, thereby improving the drainage and adding sidewalk access to both sides of that street. As part of the motion Councilor Rohlf advised that if the funds cannot be used as Council requested or if the drainage could not be improved significantly, then to construct a sidewalk and improve the 7 drainage on the ;west side only from Walnut Street up to Charles E. Tigard School. The motion was approved by a majority vote of Council present. (1- ayor Micoli and Councilors ' Hawley, Hunt and Rohlf voted I '.vesll Councilor Scheckla abstained.) Cour oil Discussion: nexation Policy Associate Planner Ray yalone reviewed the staff report and attached memorandum contained in the Council meeting packet. In April, 1994, the Council passed Resolution No. 94-20 which stated the City's intent to annex all unincorporated areas that are completely surrounded by the City using the Island Me-:11-hod. Currently there are six islands in the City's planning areas. Aftor examining the annexation process, staff recommends against forced annexation of ' island areas. Because the Boundary Commission, dislikes forced annexation, it is aalik l_y the City would be successful. 3 3 Staff recommenced the City encourage voluntary annexation. Further, the City should work within the political process to make island annexation easier. After brief dischseion, there was a motion by Councilor t Hawley, seconded by Councilor Rohlf, to no longer pursue island annexation at this point in time, thereby rescinding Resolution No. 94-20. { The motion was approved by majority vote of council present. (Mayor Hicoli, Councilors Hawley, Hunt and Rohlf voted "yes"; Councilor Scheckla "abstained.") Correction as noted by Councilor Hunt on 3,28/95: Councilor Runt voted "No." Council Meeting Recessed at: 10:40 p.m. Council Meeting Reconvened at: 10:47 p.m. • Continuation of Public Hearing - Council call--up to review the Site Development Review SDR 94-0019/PLAMTEO X13 P REVIEV PDR 9+30002/SENSITIVE LANDS REVIEW SIR 94--0004 IN/TTRI--COUNTY CMd*.P'RR. LOCATION: 12265 SW 72nd Avenue - A request for approval to allow construction of a general retail and professional office center providing up to 342,500 square feet of retail and commercial office space. a. Public Hearing was open. Council gave tentative approval to the proposal, with conditions on January 17, 1995. The hearing was set over to January 31, 1995 to consider the final order. Because of legal notification requirements, the January 31, 1995 hearing was continued to February 14, 1995. Due to inclement weather` the February 14th meeting was set over to February 21 . 1995. The record has been held open. b. Declarations or challenges: Councilor Hunt had advised that he had walked the property Councilors Scheckla, Hawley and Rohlf indicated that they had driven by he site. C. Staff report: Senior Planner Bewers+dorff noted that findings would , be submitted as soon as the record has been closed. Senior Planner Bewersdorff sui-marized the staff repiort The applicant has indicated that due to plan revisions, calculations for landscaping considered previously by the council were incorrect. The actual percentage of landscaping shown on the exhibits reviewed by the Council was slightly in excess of 16°x; 15% is required by the I Development Code. The ;applicant requested Council approve the development plan with the understanding that he landscaping is 16% rather than 26%. j t 'L CITY COUNCIL NEETIN = 1,11INTU ES FEBRUARY 21, 3-995 PAGE 1.0 d. Testimony: Mr. Ed Christensen, Christensen Engineering, ;f 7000 S.W. Hampton, Suite 220, Tigard, Oregon 97223, testified on behalf of the applicant. Mr. Christensen referred to Exhibits No. 9 and No. 10; (Building orientation was shown on Exhibit No. 9 and the new landscape plans showing 16% landscaping was shown on Exhibit No. 10.) In addition, Mr. Christensen rioted that Exhibit No. 9 is a concept plan which shows a "streetscape point of view." Mr. Christensen described the 8 foot sound wall noting its location. He also described the locations of the retaining wall. There is a 'gap in the wall which will have a lockable gate, accessible to maintenance crews. Mr. Christensen noted that not all permits have been received from the Corps of Engineers. Development could not proceed until those permits and approvals were received. Mr. Mike Robinson, ]Legal Counsel for the applicant, described the appeal process to gain approval for the proposals of the developer. Mr. Jack Polans,. 16000 S.W. Queen Victoria Way, King City, Oregon, questioned the wetland mitigation proposal of the applicant. Mr. Christensen noted that three acres of wetlands were going to be provided due at Cook Park, which would mitigate the loss of the 1--1/2 acres at this location.. e. Council questions: Councilor Rohlf received clarification from Senior Planner; IBewersdorff with regard to the 'landscaping changes' Senior Planner Eewersdorff said that this change in the percentage of landscaping sloes not alter the staff recommendation to approve the plans` as revised by the applicant`. Senior Planner Bewersdorff noted that the final detail will be cowing back to council for their review F, F 1 f i i f . Public hearing was closed. ,l 9- Council consideration: Motion by Councilor Hawley, seconded by Councilor Rohlf, to accept the staff recommendation as revised by the applicant and with it rioted that Council accepted change from 25% landscaping 'to 16%, and that the additional exhibits were received into the record. Notion was approved by a majority vote of Council Present. (Mayor Nicoli, Councilors Hawley, Hunt anti Rohlf voted "yes"; Councilor Scheckla "abstained.") It was noted that findings would 'come back to Council on March 14th, if proposed findings were submitted to City staff by March 1, 1995. CITY COMfCIL EETII-aG ITINUUTES - FEBRUARY 21, 1995 - PAGE 11 6. EX,CUTIVE SESSION: The Tigard City Council went into s 3 Executive Session at 11:20 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 7. ADJ'OUMIMENT : 11:47 p.m. E j Catherine Wheatley, City R.eco der Attest: 1 Mayor, City igard { z Date : B~! F is caW223.95 i ~ t i t i j 1 1 L i ~ t 1 CITY COUNCIL AZ: ETING MINUTES FEBRUARY 21, 1995 - PAGE lei 1 1 1 1 AFFIDAVIT OF PUBLICATION! STATE OF OREGON, ) COUNTY OF WASHINGTON, )as' I__ Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the T; cjrri°rN,a i a+-in vmn,s a newspaper of general circ lion aA defined in ORS 193.010 e. y' and 193.020; published at Yc_ar in the fe,.Mid courlk and slat that the `igard c~v stuv r~tcf. a printed copy of which is hereto annexed, as published in the enWa issue of said newspaper for__QN.'_E____ successive and coriaacutive in the following issues: rebruary 16,1995 E ' SubGcribad and swore, fQrp ma thlsL6ti? C13v of February'.'-1."791, Nola blic for Lee ion r My Commission ~Y{"„9, t3 -...a... T.. 4 AFFIDAVIT 1 i I I 7 i a i i t ~ j e T.i i to 3J~ B a Yes Y 6 - t. Y' aRiE Too Am n V an F i +e~~.c~ ?,;v+!>re..,3j:,elv~•:ele_i;J~i~ili~t.. r'aI:334 r l k -T'F)V /N>4t' L zaaTv Session (Town Hall Confer, rice: Room) - 630 P., a.e n Exul'IfiYe Sr ioa: The 'A i -art" ciq; Council may go int) F mlti've Session under LAN pros aio;,s OF 016 7,92.6 iii (2) (d), (e) t" 0) it; disarms lab(3r r_3ations, teat rmp°tny tfan szefeons, csarsent and P; rd- ing litigation Ones. Agenda Review w I7 pow or, Coinpr wnsivn, Pl,-,:± Arnendmv: ws in dtc; T g.sd Triangle' Cou-ncil 3 Comcil Consi>imbon- Ce"o"t A7;c:nu3, Sit':~walk Autilori=., Gaff, hdverd for bid's. Cot t nue Public flca ? ig - Court ul cal tip to rveie~. tfSC t,. - 2 ~'t° -'ems 9 T• O'01.9(Nnneti !R;vvlo lnent i rtt?W+Si 3 I'f3R tanutF, vhw SteL 9400M Ma xira/ t- L r l4 tas~ rata-- Cunrec. i oc~t o n '122,65 j'I 72nd. Avenue. / f pV 2o f~ 5t`r: pia'„ ;Ipprival to ?llc cons of a -criM retti "I" d Pry?° No s,, fm31 offi;e ccvte- providing up to 3Q_5(~i squ mt feei of retail and eors+ ,c ci ° O ce sr o. Count ' ,u ennuvv approval, with di;1ons, un ln;.l -ry r Ts 915L Etz i~r ,tie g a"as couti ued to discri s an;r c-z- telinc One findi r s For it:e l ienl t~rd2r. n Lwov3 Ravi-vv e3o VT-d { 1 j (limited to 2 minutes or less, please) r Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on ether issues not on the agenda, but asks that you first try to resole your concems through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. STAFF NAME & ADDRESS TOPIC CONTACTED Caw do"r AN: ~S~l tTf-/ 1J~cNu-r-..rsc. /~NNcx,ano. f I h: logij. vi~itar .~ht s; Y' j Depending on the number of person wishing to testify, the Chair of the Council may limit the amount t ' `bf time each person has to speak. We ask you to limit your oral comments to :3 - 5 mintates. T6 se Chair may farther limit time- if necessary. Written comments are always appreciated by the Council to supplement oral testimony. i AGENDA tT ''y M. D : February 21, 1995 J_ COUNCIL CL3NSIDE MON: GRANT AVENUE SIDEWALK PROJECT Council shall consider authorizing the City Engineer to advertise for bids for construction of the i Grant Avenue Sidewalk and confirm that the sidewalk will be constructed along the west side of Grant Avenue between Johnson Street and G.F. Tigard School. ti l' J i 3 i a i PL SP PRINT fAddms (®$9 25 era fi 7 AWress - - - Address Nam Nal drams Add-- Name N me Nama dress Name rasa ! Address Ajdm2,,3 l 9 ~ a p4xrl Nam-o Aidr~_ Addff2.. e, r_ E.: F I PL SE PRINT t, E Nme Name YY): ran Addrew i Al m-;lr a' Name E. f. ross me Name 9 E Addrm Address Md5azs i Maino R . i h:\Iv~in~jo\:cs4iiy 1 I t f r - i r ti ~ y j a Depending on the number of person wishing to testify, the Chair of the Council may limit the amount j ; of time each person has to speak. We ask you to limit your oral comments to 3 5 minutes. The Chair j may further limit time if necessary. Written comments are arrays appreciated by the Council to supplement oral testimony. 1 3 CONTINUATION OF PUBLIC HEARING - COUNCIL CALL-UP TO REVIEW THE SITE DEVELOPMENT REVIEW SOR 94-0019/PLANNED DEVELOPMENT REVIEW PDR 94- /SENSITIVE LANDS REVIEW SLR 944004 MARTIN/TRi-COUNTY CENTER. LOCATION: 12265 Sit 72nd Avenue (WCTM 181 36CD, tax lot 2005 and 2S1 1 BA, tax lots 100, 101, 300, 400, 401, and 402). A request for Site Development Review, Planned Development Review, and Sensitive Lands Review approval to allow construction of a general retail and professional office center providing up to 342,500 square feet of retail and commercial office space. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.62, 18.80, 18.84, 18.80, 18.92, 18.94, 18.96, 18 98,18.100, 1$.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.144,18.1:0, and 18.164. ZONE: C-C (PD) (General Commercial, Planned Development) The C-G zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, bossiness support services, general retail sales, and eating and drinking establishments among other uses.' The PD (Planned Development) overlay zone provides a means to use new techniques and technology in community development. The Planned Development zone facilitates ofi`ic ent oconomk,- us--) of land and preserves to the greatest extent possible the existing landscaps features and arnenitieEs. Council gave tentative approva! to the proposal, with >✓ondltions, on January 17, 1995. The rearing iv&s set over to January 31, 1995, to consider I fie Fina! Order. ' Because Of legal notification requirements, the Januanj 31, 1995, meeting were continued to February 14, 1995. Thb record has be-on held opers. 8:50 p.m. a. Open Public Hearing (Continued frorn 1/31 /95) i 8:55 p.rn, h. Declarations or Challenges 9:00 P.M. G. Staff Report: 'Communicy Development Staff 7 i F t ~~~JAS ERR opponent • (Speaking Against) r dress toss Nama - Namo Address Address Name Name Wiese 9 Name Nerrse Aaidress Address - - - Nama Name reSo dress Name Me kldr=4 e v - .y M ? _ _ _ o tv m Nair. AdLre. Izddrv Faidress "Ema Nam l PLEASE PRINT a :J Proponent - (Speaking In Favor) Opponent - (Speaking Against) r~~a Ad-dress - ' " me `i Fame Address Address Name F f 1 Name :c Address 1 Address Name Name Address Address Name Name Address Address .Name E Address G: v Address it i arn3 ,i Name' t - ("~~JTIL Nam's ~ xc;dru r h: ~lo~irt~jo\~ stify fe ,i - f i F G f' i f i 1 J Council Agenda Item ~IGt, I MEMORANDUM ~ t CITY OF TIGARD, OREGON ~ TO: Honorable Mayor and City Council r FROM: Bill Monahan, Interim City Administrator j DATE: February 6, 1995 { SUBJECT: COUNCIL CALENDAR, February - April, 1995 1 Regularly scheduled council meetings are marked with an asterisk If generally OR, we can proceed and mare specific adjustments in the Monthly Counc il Calendars. • ~ -g_bXuary r *14 Tues Council Meeting 6:30 p.m. Study Session Business Meeting ~ 20 Pion Presidents' Day - City Offices Closed F` *21 Tues Council Study Meeting (6:30 p.m.) *28 Tues Council Meeting (6:30 p.m.) ~ 3 Study Session Business Meeting i F- ? leues Special Council 'Mcet.ing ` joint Meeting with the Tigard-T- alatin School Soar t 14 TUes coll--tcil eeting ° 5:30 P.'M. s i Study Sessicn i Business 'Meeetang 3}'i iP1Q .~~C51:iOfl W--t,k of March 20 "21 Tues Council Study Meeting (6:30 p.m.) ~ *28 Vies council Meeting (6:30 p.m.) Study Session Business Meeting AUes Council Meeting - 6:30 p.m. Study Session Business Meeting -a l8 Tues Council Study Meeting (6:30 p.m.) 25 !,ues Council Meeting (6:30 p.m.) j Study Session Business Meeting -j 1w),to~4 in\cat hyxcccaI S Agenda Item No. L~. Council meeting of al!_'f 'tS BELOW IS A TENTATIVE SCHEDULE OF COUNCIL AGENDAS FOR THE NEXT SEVERAL WEEKS. PRASE CONTACT CATHY I IF YOU HAVE CHANGES, COMMENTS, OR QUESTIONS... Updated: February 3, 1995 TENTATIVE SCHEDULE b CITY COUNCIL MEETINGS February 4 March 28, 1995 February 4 9 a.m. Council Training/Goal Setting t Embassy Suites, 9000 S.W. Washington ` 3 Square Road, Tigard, OR 97223 j Feb. 14 6:30 p.m. Study Session Executive Session - Water - 7:30 p.m. Business Meeting t j (note: items wiLL be 1 considered in order List.d) Consent Agenda F i Council Calendar Tentative Agenda Budget Committee Appointmen (s ) Council Consideration Grant venue 5idewa? Coualci' Discussion: --Uinexati©n Public Hearing ~ Mar'tin/iri Cconi_y Center i Feb. 21 6:30 p.m. Council Workshop ixeeting Speed Bumps Undergrounding of Utilities Reimbursement. Dis-riots Darks SDC Structure February 28 6:30 p.m. Study Meeting Consent Agenda: E • Approve Council Goals 1 HSTIP III Resolution t Business Meeting Council consideration: • Final order Martin TrimCounty F ; , Public hearings I. a Hunt/Martin Annexation - Walnut ~ Island t s • Sierra Pacific March 7 5:30 p.m. Tigard Tualatin School District - f,.. Joint Meeting a Canterbury Lease ` . March 14 6:30 p.m. Study Meeting E 7:30 p.m. Business Meeting TVF&]F3 - r4 anu 3 Report - Oa~;,e Austin r Assta Fire; Chief (or 3/287) Spring %1scation j March ?.I 6:30 Council Workshop Session March 28 6:30 Study Session 7::30 Business Pweetinc1 Ordinance Consideration: i r Conversion TIC Initiative Petition Process Amendment L a ~ s~ To be scheduled; • Tree Ordinance (hearing date tba) • "Alcohol" ordinance Planned Development Ordinance • Update on Notification process proposed amendments to land use notification procedures Community Development Fee Increases - Resolution Policy on carrying weapons on public property ` • Board and Committee Rules (i.e., term limits?) Yard Debris Program (.April) • CIT Facilitator Meeting (April) E • Dolan responses - Code amendments necessary to comply with the court decision • Hoeg much staff should encourage growth • Council's philosophy on who should pay for growth • Does council support the 2040 plan and/or the transportation planning rule? What is Council's policy on half-street improvements? E Discussion of restrictions placed on the City by E State law • Meeting with Metzger Park Advisory Board - Invited to either the February 27 or March 7 Board Meeting h:\lagin\cathy\tentag~en - ~re *DENTAL O F F I C E a For quality dentistry delivered gently. .i Februar.y 15, 1995 :r Mr. William Monahan, Administrator r j City of Tigard 13125 SW Fall blvd i Tigard, OR 97223 c., RE: Tigard Farmers' Market Location The purpose of this letter is to request from the City Council the use of a City Hall parking lot each Saturday morning from 6:00 a.m. to 3:00 p.m. from June 6th 3 through October 28tn. The lot we have in mind is the center one located between ' I the HaII,'Librsry lot and the Annex building lot. We would only use 2-3 rows r nearest Hail o'the middle lot and the annex parking lot. i As you and the Council are well aware, the Market has been well received by the comrmunity vanth teemendous success:' in just two short seasons the Market has grown substantially and used by a large number of our citizens. Our shopper's count taken each hour has reach as high as over 200/hr on several occasions. Our Market Board, as well as the Chamber Board, has been verge pleased that we have ' been able to fulfill our mission statement (attached) vaith such enthusiastic use by j t1:e Tigard community. Below I have outlined a few of the many rea ons why we, have chosen the City lot l as the site for the Market.- r 1. "resent Site: The Magnc-Hump pries company parking lot has been a very adequate location up to this point. Thelma Humphries has been most cooperative i in allowing us to use the space at no cost. Now, however, the combination of the Market outgrowing the space plus expansion of the MagnD-Humphries building will prevent us from operating there. 2. ®thes Options: We have looked at many othti- locations, many of theirs on Pacific Highway, but none is available. I David W. Hughes, D.M.D. 11565 S.W. Hall Blvd. Christopher Grenzer, DA1.0. Tigard, Oregon 97223 Michael Regan, D.M.D. (503) 639-9316 i f 3. Traffic Hazards: The City Hail parking lot is going to be a decided j improvement for the pedestrian traffic risk created by the former location at Sit Hall and Commercial Street. Because the Magno-Humphries' lot did not s accommodate parking for many shoppers, a high percentage of them parked on the i opposite side of Hall Boulevard requiring a constant monitoring and temporary E traffic control coning for the crosswalk. This risk will be completely eliminated when the shoppers can all park adjacent to the Market and avoid crossing Hall ` Boulevard. F 4. Parkine Lot Liehfing: The lot is well lit for early morning set up which we t I have not enjoyed previously. 5. Secauri Although we have never had an incident requiring police surveillance, - j it is very comforting to the market management and vendors, both produce and crafts, to be adjacent to the police headquarters. 6. Library AdvanlgZe: It will be of utmost convenience and encourage family r. shopping to have direct access to the library for younger members of the family while the adults are shopping. 7. Cilxl arket Ideart : By having the Market located on City property adjacent G to the City Hall, library and police headquarters, we directly identify the Market as r- a Tigard event and demonstrate City-wide citizen use of "their" property. 9. Insm-ance: The Market has cocstinuously carried liability insurance and would d.ow r1ame the city as "additional insured." We sincerely hope that the Council will look favorably on this request thereby allowhig the Market to grow even further and enhance the livability of Tigard, If additional in'formtion is n--ded or a personal visit desired, we would be slad to join the Council at an arly work session. Most Sincerely, David HL-hes Market Founder i cc: Ron Caodpaster, Chief, Tigard Police Department S. Carolyn ong, Clamber Executivc Director Thclrsa Nlzcno I-ILIMPI-vies k i y 1 f s i TIGARD FARMERS" MARKET OBJECTIVES i 1A To give the community access to a ovide variety of fresb, local, in- season farms products direct from the producer. 2. To provide a centralized location for local producers to market directly to the buying public. 3. To provide an informal, social gathering place in an open-air setting i for the Tigard Community. _s ti_ E j -4. To nhance the co ntral Ti-z^rd bn,ines, comon -,nity. i 5. To mise moll ;y for tine n ig; lyd ."lre.i Chamber ®i' coramerce. i is f f 3 i i a 4 { 1 i, f E Y 1 ~ UK_ I l Vollunteers dedlocftd to tha re torotfon and,protection of Faro Creek and h tributorfas r. 14 February 3, 1995. ti 'Y f i Mayor Jim Nicoli and City Council 1 City of Tigard 13125 SCI Ha11 Blvd t Tigard, OR 97223` Dear Mr. Nicoli and City Councilors: On March 4, 1995, FANS of Fenno Creek will be sponsoring the Fourth Annual Tree Planting Festival. Voluntem from throughout the Fanno Creek watershed will be planting 5000 native trees and shrubs in Beaverton and Tigard Tong the Fanno Creek Greenway, -Englewood Farb, and Fanno Creek Park behind Tigard City Hall. I would like to invite you to participate actively in this event. /T, In the past Tigard City has been helpful and supportive of this event - especially Floyd Peoples and his staff who have actively worked with the volunteers to help restore aE-rrl hrrprove the riparian habitats along the creek and its tributaries. i On Augusq 2, 1994, at a ;Council Study Session regarding the pressed tree ordinance, the Planning Commission; Director, Mr. Frye, suggested the Council should contribute $5000 to syn porn tke taec planting efforts. We could use this money to upgrade and improve our native; planting :Mocks, develop and disseminate educational materials to improve the quality ~ of the plantings, and to protect and monitor the new plantings to improve survival rates. 1s this cornr1ution still a possibility? We have in tsie past received contri butions from USA, j City of Portland, and the Oregon Community Foundation as well as a number of private' hus=n-csses. Your funding would help us make this annual event even better than years past. j I his is our most public evert and draws over 500 'volunteers including boy and 'girl scouts, i church, school, and corporate groups. 3 Thank you for your past support and for your consideration of this and future year's events. t r r sincerely, Jolin LeCavalier, president - - rtes of Farts Cr,Srk P.O. Box 2SU5 Po, lz nd. c,4 97225 A rT i-vTo9t X11 (c){3) cMQMcn i e. t k 1A 3 a' F 1 57~{d:Y V~C~~ ~o'"c cois°RdCVOa i •9! -„-r` • . L~'r. C G b 6r~~J '?y 67 p p~°' 3' K coi -vas. a > o wwv aL, s.o w p= s;~ i °M oGO~~ oood~1:1 ° .C y y p,'C1 `4+' >s•G at hd . ~ i eAmAG+. pycf~ oLGy~:; ~ A :n~yLs.~C~'-• a~°'•:~ y.~+~ cGa Cs. I.j °F. c> uox y cyw~am~ t,yKN~ G 1 I 0G° A w c`) E:c vN .D. o ~'`wFWd tc0 xm'oen oc.....~GE. o GGE•'vebG oyx-n: ~F C mw C,p p...... ca G~,. v G w ca. ao m... ~.ra a co°-cn G a a 00 u y CC'0.' tdc.. N.. c4 4 U. G 9 tC C- r. w•, K ° t... O 9 i`: pp G .p...p E p I ymy a^CiCcS::3G.pyc'i~°'d- GG sG E-A t 4) (D m' c ~a . o « cu ° o rw s. y w C, Z.0 'Ltw C G G o.. f r TJ o~'[~ 7 o.o r c E a u 1 8 •60 w'G.I cS c~ k a N tm h~.CD 9 U - ICAO t,-_ C. C cJ vJ G c r;: ro to to a.«, a' .Cps}~G°0~w°•°~v'-_ a' air q tL O y.Ao A c3~ > 1 r Coc q cd 171 ~ r1 t 6 > o' cs~ o. ..gig y Tab F r y v p3 ca r~_ _~Hrpn~ tea ca co } lit f° m----bt tr 1~ 4 zm Council Agenda ® - 2/14/95 Item 2.1 PROCLAMATION CHILD PASSENGER SAFETY AWARENESS WEEK 5 rr , February 12-18,1995 s + - WHEREAS, injuries from motor vehicle crashes are one of the leading killers of children and more than 70 percent of children, up through age 4, who die as a i result of riding unprotected in a motor vehicle crash would have been saved If they had been secured properly in safety seats; and WHEREAS, it is essential that parents buckle their children into safety seats each and every trip to prevent this sort of tragedy; and r s that WHEREAS, the National Traffic. Safety Administration (NTSA) estimate i more than 52,000 serious injuries and nearly 500 deaths could be prevented each year if every child under age five was correctly buckled in a child safety seat; and WHEREAS, Child Passenger Safety Awareness Week is part of the safety ageacy s j i "Safe and Sober Campaign," a nationwide effort to reduce drunk driving and increase the use of safety belts and child safety seats. NOW, THEREFORE BE IT RESOLVED THAT, I, James Nicoll, Mayor of the City of Tigard, Oregon, do hereby proclaim February 12-18, 1995 as j 1 CHILD PASSENGER SAFELY AWARENESS WEEK e ' in Tigard and call upon all citizens, governmental agencies, public and private G institutions, and businesses to promote this awareness in an effort to save lives. Dated this day of 1995. D: WITH S6 ,%'NEREOF, I have hereunto set rr+y hand and caused the Seal of j the City of Tigard to he affixed. _ k. I kttest: James Nicoli, Mayor City of Tigard 1~ r 3 a r c. _ +II III Co ncil A d i u sr_ 2/14/95 gen a Item 2.2 PROCLAMATION m LOAVES & FISHES DAY ~ \ ->4 February 21, 1995 d WHEREAS, church bells will rung across the Portland metropolitan area at 10:45 ami. on Tuesday, February 21, 1995 in celebration of the 25th h /'Th Fi M l s es e ea s-on- anniversary of the first meal served by Leaves & Wheels People, and WHEREAS, since 1970, Loaves & Fishes/The hvfeals-on-Wheels Pile has nd i the Po tl nd d h meb f th ld l e i . ` n r a er o ou y an e e needs o been meeting th _ metropolitan area; and ; WI E.4.S, the private non-profit organization serves more than 4,000 hot, c nutritious meals each weekday to seniors who carne to its 22 centers and through the Meals-on-Mieeis program; and WHEREAS, Loaves fs Fishes/The-Meds-on-Wheels People relies on grants, l F ~ i contributions, and a volunteer force that exceeds 8,000 concerned and caring individuals who, in the case of the Meals-on-Wheeis program, are \ E oftta% the senior's only link with the outside world; and f MEAS, Loaves & Fishes/The Meals-on-Wheels People is one of the 1 leading advocates for our aging population;' , " NOW, THMEFORE BE i'T RESOLVED THAT, 1, Jim Mcoli, Mayor of the City of Tigard, Cfemn, do hEreby proclaim February 21, 1995 as Loaves 711~ ` Dated +1tis day of E' ( 1N WITNESS WI-3MEOF, 1 have hereunto set my h;:nd, and caused the - = Seal of the City of Tigard, to be affixed. J:.mes Ni icoli, Mayor a, City of Tigard ~ ' I l : r~ttest: j 'a City Recorder a~ y Council Agenda Item j MEMORANDUM CI'T'Y OF TIGARD, OREGON t~ TO: Honorable Mayor and City Council FROAX: Bill Monahan Interim: Cit A m i t t , d y in s ra or DATE: February 6, 1995 f 1 SUBJECT: COUNCIL CAIMMAR, February April, 1996 Regularly scheduled council meetings are marked with an asterisk If generally OX, we can proceed and make specific adjustments in teas Monthly Council Calendars. F'~k;rtta.x~r r. *14 Tuns Council Meeting 6:30 P.M. Study Session Business Meeting 20 Mon Presidents° Day 0 City Offices Closest *21 TUBE'S Council Study Meeting (6:30 p.m.) *28 Tues Council Meeting (6:30 p.m.) Study Session Business Meeting 1 2 `ues Special Council Neeting - Joint Meeting with the Tigard-Tualatin School Board *14 Tuss Council Meeting - 6:30 p.m. i Study Session Business Meatinq J S-pr-7i3 Wcation - ^21 TuP~r, Council Study Meeting (6:30 p,m. ) 28 Tue: Council Meeting (6:30 P.M.) - Study Session f Business Meeting *11 Tues Council i```eati g - 6:30 P.M. Study Session i Business Meeting j M18 Tues Council Study Keetirg (6:30 p.m.) i X25 Toes Council Neating (6:30 p.m,) Study Session Business Meeting i h:\te4in3caChydez,et 1 i a y.a • ; Agenda Item No. j Council Meeting of a BELOW IS A TENTATIVE SCHEDULE OF COU14CIL AGENDAS FOR F: THE NEXT SEVERAL WEEKS. PLEASE CONTACT CATHY 3 IF YOU HAVE CIMNGES, CO S , OR QUESTIONS... i` Updated: February 3, 1995 TENTATIVE SCHEDULE - CITY COUNCIL MEETINGS February 4 - March 28, 1995 9 a. m. 6:30 p°n. 7:30 p.m. (Note: perm tall! be considered in order listed) i_ Council Training/Goal Setting Embassy Suites, 9000 S.W. Washington Square Road, Tigard, OR 97223 Study Session Executive Session - mater Business Meeting ; . Consent Agenda Council Calendar Tentative Agenda Budget Committee Apra i ntmen t; s) Council Consideration Grant Avenue 'Sidewalk Coil-aril Discussion: uinexation l Public ~~(sziring - iart-in/T-ri co-L ity Center i Feb. 21 6:30 P.m. Council Workshop Meeting Speed Bumps Undergrounding of Utilities Reimbursement Districts Parks SDC Structure f``tsa .i 1 1 March 7 j' March 14 1 L~irin~ ties; wz~oa~ i 2--larch 28 6:30 p.m. study Meeting Consent agenda: • Approve Council Goals • NSTIP III Resolution Business Meeting Council Consideration: • Final Order - Martin Tri-County public hearings • Hunt/Martin Annexation Walnut Island • Sierra Pacific 6:30 p.m. Tigard Tualatin School District - Joint Meeting • Canterbury Lase 6:30 p.m. Study Meeting 7:30 p.m. Business Meeting `iVF&R Annual Report - Dave Austin, ,asst. Fire Chief (gar 3/2G?) 6, 30 Council TFor? shop Session 6.30 S 'k--i-,dv Session 7:30 Business Meeting Ordinance Consideration • TMC Conversion • Initiative Petitions Process Amendment i J To be scheduled: E « Tray Ordinance, (hearing date tha) ~ _ • "Alcohol" ordinance o Manned Development Ordinance t: • Update on Notification process _ proposed amendments to land use notification procedures f y a Community Development Fee Increases -Resolution Policy on carrying weapons on public property ~ . Board and Committee Mules (i.e., term limits?) • Yard Debris Program (April) • CIT Facilitator Meeting (April.) • Dolan responses Code amendments necessary to t ? comply with the court decision • How much staff should encourage growth Council°s philosophy on who should pay for growth € • Does Council support the 2040 plan and/or the transportation planning rule? j Chat is councils policy on half-street improvements? • Discussion of restrictions placed on the City by State law j Meeting with Metzger Park: Advisory Hoard Invited to either the February 27 or March 7 Board Meeting a h:\Iogin\cathy\tentagen f_ J F { 1 7 ~ r i i i F;L 1 h AGENDA ITEM # j For Agenda of CITY OF TIGA D, OREGON COUNCIL AGENDA, ITEM SUMMARY ISSUE/AGENDA TITLE Confirm JPACT Member Alternna~a Choice E PREPARED Sit: C. b~zeatlay DEPT HEAD OK CITY ADM IN OK ISSUE BEFORE THE COUNCIL ? Confirm „'PACT member Beaverton Mayor Rob Drake and alternate member Hillsboro Councilor John Godsay. ~ STAFF RECGMRIENDATIO13 - Approve member and alternate as requested. F> ' INFORMATION SPRY E On January 17, 1995, the Tigard Council selected Mayor Drake as {their nominee for 'PACT member. Attached is a copy of the ballot asking for confirmation sf the ffie er and alternate for Washington County Cities 1 The ballot wilt be returned to Metro by February 20, 1995. p ~ -------°------._~____---°-------._`(}j kiERAI,'F'ERiLAIVF:S f'UNSI[3''riI:,~ - .i n/a f FISCAL jTOT~;5 f i K° a 4 j ~ F t- E M 0 R A N D { t i $ A L LOT JOINT POLICY ADVISORY CODINITTHE ON -TRANSPOWrATION E ' This is to confirm your choice for JPACT meter and ~ alternate from the Cities of Washington County as C solicited from nominations .frox the Washington County t yors'aand Managers within the Metro area. Mexiber v Rob Drake, Hayor. of Beaverton Alternate. John Codsey; Councilor, City of t..- Hillsboro j 'des No 1 - Ballots must be returned by February 2®, 1995 'to: Lois 1-caplan Planning Depart-me nt •le cz o 600 NE Gran Avenue Portland, OR 97232-2736 A~$e~~~~;~t rsr~ Beaverton Cornelius Durham Forest Grove - ; aillsborc King < City Sherwood Tigard 1 _ Tualatin f CC: Cite Managers i i i. ( ;r } E M 1 : . i B A L L O T JOINT POLICY ADVISORY COMMITTEE ON "TRANSPORTATION This is t6 confirm your choice for JPACT member and alternate from the Cities; of Washington County as solicited from nominations from the Washington County Mayors and Managers within the Metro area. 1 Member . . Rob Drake, Mayor of Beaverton i alternate . John Godsey, Councilor, City of Hillsboro Yes No Ballots must be returned by February 20, 1995 too E Lois Kaplan Planning Department Metro 600 NE Grand Avenue j Portland, OR 97232°2736 Distribution: Beaverton Cornelius Durham Forest Grove Hillsboro King City Sherwood t, AGENDA ITEM? For Agenda of February 14, 1995 r - CITY OF TIGARD, OREGON i' 5 COUNCIL AGENDA ITEM SUMMARY ? ISSUE/AGENDA TI'T'LE Comprehensive Plan Amendment CPA 94-0002 and Zone Chan e - ZON 94-0002. i ' PREPARED BY. Ray Valone DEPT DEAD OK ~ CITY ADMIN OK ~ ISSUE BEFORE THE COUNCIL, Should the City Council approve a resolution to withdraw from consideration a Comprehensive Ulan Amendment redesignating approximately 46 acres in the Triangle and a Zone Change from C-G to C-P on approximately 12 acres in the z Triangle? STAFF RECOMMENDATION i Staff recommends that the City Council approve the resolution to withdraw from consideration CPA 94-0002 and ZON 94-0002. . ----INFOR14ATIOM SUMMARY F ? F The proposal to amend and change the zoning on approximately 58 acres ? containing 99 parcels in the Tigard: Triangle area is the result of a four year study ,initiated _by the Council in early 1990. The Council's concern at E that time was the underdevelopmenit of the Triangle area. A concept plan map "j was adopted by the Council in November of 1992, which was based on a background study and the goals and policies developed by the Planning Commission. The Tigard. Triangle Specific Area Plan was completed in early 1994. Staff then dove ).oped lane use changes to implement the adopted concept plan and the recommendations contained in the specific plan. The Planning commission held a_hearing on this proposal in June and July of 1994 and voted unanimously to recommend that the Council deny it. The commission's recommendation was based on the realization that the situation in the Triangle had changed substantially since 1990 and the fact that there was overwhelming' opposition to the proposed changes on the part of Triangle j residents. The Council heard this proposal on January 24, 1994, and came to the same conclusion. For these reasons, the Council voted unanimously to put an end to the proposal. The attached resolution'formalizes this decision. OTHER ALTERNATIVES CONSIDERED Ncne. FISCAL NOTES No direct fiscal impact Lo the City. Fi r 1 02-17-139-5 04:41PM FROM 4A7314UNT TO 6847297 P.01 4 f t P/ C~7"c,'G 9-'t c t , r _ ' , OREGON EDUCAMON ASSOCIA11CW-OREGON ASSOCIATION OF CLASSIFIED EMPLOYEES ' February 1 b, 1$95 S.W. Haines Road, Tigard, OR 97223 Phone: (503) 684-IM, FAX: (503) ' r. tAr. Raul bunt f Tigard City Council 10320 SW Centry Oak Drive ; S Tigard,: OR 97224 Dear Mr. Hunter, r Thank you for your decision on the Triangle rezoning issue. I note that you are proceeding Immediately with a traffic study. We hope it is based on the existing long term plan in place for some years. This is a critical determination because if other standards or criteria are being used, then the outcome recommendations themselves will be in question. t j Certainly we agree that some kind of design standards may be appropriate. Mr. Rohlf's point that he did not want to see more cream colored boxes (a la Costeo and Cub Foods)` was sympathetically received, but I remind you, someone approved their existence( Moreover that approval carried with it a demand to deal partially with the expected traffic. Mich still depends on the ODOT Effort at ! the south end to devise a reasonable improvement to 217 and 1-5 access. In the meantime, you apparently approved the large apartment complex now r underway which can only add to the traffic issue. Is it not reasonable to say - wait until the interchange can be fixed or at least a plan is approved? l The earlier proposal you rejected often referred to "traffic; problems" that can be expected. Those of us in 'the area have witnessed traffic increases, certainly k Predictable vVith the city approval for building. It seems like a catch 22 - city approves building likely to create problems. makes a'zoning plan that creates problems for land owners; this makes a great upset and now city will study traffic flo,ris - YAth area }people's concerns? I realize you evil have full-time jobs as we do. Thanks for caring enough to listen as lone as you chid. Regards. Robe t G. Crumpton E Eyecutive Secretary F- MEMORANDUM CITY OF TIGARD, OREGON ' TO: Bill Monahan FROM: Carol A. Landsman -I DATE: February 16, 1995 ' SUBJECT: Tigard Triangle ow land In response to council direction, staff has begun the technical work necessary to all in the triangle to develop as commercial with design standards. To do this, the city will need to amend both the comprehensive plan land use map and the zoning map through a quasi- judicial process to change the existing low density residential designation. This requires findings that address, among other issues, the ability of the transportation system in the triangle and surrounding area to support the changed land use. Because the transportation effects are cumulative, staff must conduct a transportation impact analysis to assess those impacts and required, infrastructure for all the potential changes. With the assistance of ' a consultant, DKS and Associates, Inc., staff has begun this study and plans to have the i results by the end of March to present to the council. i Council has also directed staff to draft design standards to protect the quality of development in the triangle. While I think it is important to determine necessary street dimensions first, we can present some ideas to council for review at the meeting in late March. The proposed general' commercial (CG) land use will not support an environment similar to the office development on Kruse Way; we can, `however, regulate pedestrian amenities, setbacks, locationand amount of parking, building heights, landscaping, buffering and building massing. After receiving direction from council, adoption of these standards into code will tale another three to four months. Finally, staff supports the development of an overlay district in the triangle which would permit flexibility' in land use as determined by market forces, an idea espoused by some triangle area land owners as well. Putting this new concept into place will require legislative ` amendments to the comprehensive plan, quasi-judicial changes to ' the comprehensive plan inap, zoning map and community development code amendments; To help assure the support of the property owners in the triangle, 'I have offered to meet vrith triangle residents and lased owners in the near future. I believe that with clear direction from the council and support from the community we can have this process completed within six months. h: \login\ co 7*1\ triImem f E: fs;~ r; i f r 't - ,1 t i j Tigard City Council Tigard, Oregon This is a request to have property located at 12260 SW 1 72nd zoned general commercial. With the traffic and noise s that have developed from existing commercial properties and the scheduled business, the livability of this residential f location is continually being reduced. F { To properly develop the Tigard triangle, a traffic plan f; 3 needs to be developed. This can only be done satisfactory e with citizen participation of those living in the triangle. We are infornned as to the lavout of the land and areas of future development. Thank you for you consideration, ISSUE_BEFQRE THE COUNCIL Appointments to fill vacancies on the Budget Committee. STAFF RECOMMENDATION j Adopt the attached resolution appointing Suzanne Beardsley and Joyce Patton f to the Budget Committee. INFtiRMATIQN -SMMARY Floyd Bergmann's term has expired on the Budget Committee. Phil Westover's term expires on June 30, 1995 and he has indicated that due to work conflicts, it would be appropriate for council to appoint someone now to complete his term. On January 25 the mayor's Appointment Advisory Committee j met and interviewed Joyce Patton and Suzanne Beardsley for appointment to the Budget Committee. The attaches resolution, if adopted, would approve the Mayor0s Appointment Advisory recommendation to appoint Suzanne Beardsley and Joyce Patton to the Budget Committee. r OTHER ALTERNATIVES CONSIDERED FISCAL NOTES , ~fT CRY J~ RED U c ; INTEREST Name: jj u Date: r Z~ 3a J9 ° ~ Addr -7656 c S} . Res. Phone: 6gq -goo-7 J3®-?3(8 Address ~Ite ~c z~r ?mt~~.~ Tel (LLV Bus. Phone: 2 { Length of Residence rice in Tigard: Suggested by: { Where c3id alive previously: CO bw ~ ~ grimes _ Educational - Background: and Background: Atte, u BIPA -or`o(" 0 - How ion ~ h~a~ yctu ~bera o~~€plr;~e~ u~~~ Cnis firma: .C~3Pr?~ Ponf- ~ ~otY`.n ~21 ,1 ~ ~ i3~~ grid E7~ites: ' \ s ter! cz `6 ~3. 5 "5a 1 Other { ,may, j or c~rs,~ bpi: C r rri~^►i~Ct~ v A"'~~,a. i~~ a p ; fi efft i 'ormajon you iuam' to share? Std CAM6..--A 10r, :a:~fcrZ~Cia\ ~rc'n 41W25 SIN HaH 6hrd., Tigard, OR 97223 (503) 639-4171 TUD (503) 684-2772 01,/03/95 16:43 MOSS ADAt1S BEAVERTON 503 639 6 795 503 639 6 795 01/03/95 dY.68 '&503 659 6795 CITY OP TIGARD 1 "~.4.C$Ti hrsunyd fstiv 4rmnamisPnf rvan+,,,.. •t~°st d.,e _.re.. 1 { { $"1 ,3' V C.94e+J Qr,,an --a.; , S"c y 6E c, n ptadcns epd oft: S: NO. 184 p01 Q ®01 -01 Ili r,-;,T n e? You r* vm to z za? 331 t i - AGENDA ITEM i ' For Agenda of 15 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY E ISSUE/.AGENDA TITLE Fundina request for Tigard Festival of Balloons 6/95 { PREPARED BY: DEPT HEAD OK CITY ADMIN OK E.. ISSUE BEFORE THE COUNCIL ' Shall the Tigard City Council appropriate contingency in the General fund in the amount of $5,000 to fund the Tigard Festival of Balloons in June of 1996. F- _ STAFF RECOMMENDATION-- ` Staff recommends that this request be funded. t , INFORMATION SUMMARY The Tigard Country Daze Board has submitted a request that the City ! contribute $5,000 to the Tigard festival of Balloons event scheduled for June 1996. The event has been held in Tigard for the past few years as part of E, the Rose festival activities. The Rose festival association has decided not. to continue the event due to lack of resources and staff. U Tigard Country Daze would like to continue the event with local support and has been assured by the association of continued Rose Festival sanction. The attached letter of request from Stan Baumhofer,'Treasurer of the Tigard :j Country Daze explains in more detail how the 'event is envisioned for 1995. The Tigard Country Daze has also submitted a request for funding in the 1995/96 fiscal year for the June 1996 event. Local budge L law gives the governing body the authority toappropriate contingency by passing a resolution. OTHER ALTERNATIVES CONSIDERED 1) Approve resolution appropriating contingency. 2) Do not approve. ..FISCAL'-NOTES' Approval of this request will reduce the General Fund contingency from .j $300,000 to $295,000 and increase appropriations in the General `Fund by $5,000. { F 3 } COMN f 1 ' "a weekend of fun & community celebration the third weekend in AiaguSt Main Street, Ti and ~~r~~ FEB 03 1991 1 s ~ - Something for Everyone.... January 31, 1995 Parade Carnival Rides Mr. William Monahan, Administrator Teen Dana City of Tigard City Ball 13125 SW 'Hall Blvd. Salmon Bake Tigard, OR 97223 z Y 5 -life Zunl - _ _ _ _ n$ P,<a 7 1nr»%% ~ RFt _ ^°y raar•+^~i'ra,2~° i cr.;-a ~ . ~.._.-.>3 Yi!eU;aIk June 16, 17, 1.8, 1995 - - ~ r r; Foot', food, foo ! Dear: 3411: Petting Zoo For Iliad past three years, tine Portland Rose Festival ~ ,k,ssocia_-' on has sponsored a major -ort Air Balloon Classic nt f5h n e1-i't:3.~74. v race r_ r at ~'.^r©k'ds Park r~ aL c "a .E part ar the R©s1;. 'J~ and {:C}~Yad;e,..._'t of t.1..~ lsie,'i.~~0 e b eotival r)aC!Z_ACuO ox activities Chili Cocloff The event is now c- tablished on the stational Fitt Air Country ~treei 13ai lnon Aasocia.tion calendar. It is becoming a trademark for the Tigard area because of the deal facilities Dance provided by Cook Park, and the very ;credible and Beer Garden -Orofessional Srs>r!nner in which the Classic has been conducted. KId~GarneS This year the Rose Festival Association Board daterroined j ° ft5hnv th "t athe-r Festival activities had grown to a point where -they could not dilute them' staff and resources` to continue sponsoring the Balloon Classic. They hurried to f'aP:er.S'rating assure our Country Daze Board of the Rose Festival asePii,t on statur., jjt, 4ve could find local sponsors to Antiqu_ Ca,-5 h cant gnus the event, And trore. i ' For gereraf irrforrriatiori, contact the Tigard Area Charmer of Cornmeroe 659-1656 Because of the widespread community interest and l~3 extremely popular reception by Tigard citizens, plus the fabulous attendance in past years, our Board did not feel Tigard could let this extravaganza be mo--ed to some other suburban community by default. j Therefore, this letter is intended to bring the City Council up to date on our progress and solicit the City's support to retain the Classic at Conk bark. Progress to dates j 1. We have secured the full commitment and assistance of Mr. Bruce Ellis, a professional balloonist and Chairman of the Rose Festival balloon committee, who has acted as the Balloon Piaster for the past Classics. a 2. We have secured the Washington Square Retail Association support for $5,000 with an interest to publicize the Classic by hosting a "Hite-glow" for the Friday evening event. The Nite-glow is a spectacular event. We envision it will include 10-12 balloons ? tethered around the perimeter of Washington Square which t_ is an awesome sight because of the colors and shapes of the lighted balloons. The evening would include some teenage activities with the possiblity of a teenage dance on the parking lot at Washington Squares 3. We have cormaitt ants from 10-12 balloonists -.,,rich a goal of 25-30 (previous years we've had 30-35 balloonc). in addition to the standard shaped balloons in multi colors, there will be balloons from shoe E companies, auto rentals, , piggy banks, hamburgers, a champagne bottle, and a . chicken egg, to name a few, including the Reinax ?teary "signature balloon" of that company. 4. We have secured the ;necessary insurance for this t1me. event. 5. We. have a c oirunitment from the Tigard Rotary Club to again conduct a pancake breakfast all three mornings i of the event. 6. We have a commitment from N .W. Natural Gas to provide appropriate canopies for sponsor chalet and o her official use. i . We have the sponsor li . t- of previous year's events fram the Rose Festival as well as serious interest from several local merchants whom we have already i 8 0 , Additionally, we hope to add a new activity to the event this year. We are negotiating with the people who provide balloon rides for a fee. Part of our sponsorship and promotion may include drawings for free rides. 9. We have solicited the participation of Police Chief Ron Goodpaster in all of our negotiations and planning. He is very excited about keeping this event in Tigard. In previous years the budget for this event has been approximately $30,000. With the typical Country Daze frugal philosophy, we are paring that down to $20,000- $22,000 which should not jeopardize the size or quality of the event. To assure that we can retain this event in Tigard°s Coon Park, we respectfully request $5,000 support from the City of Tigard. We look forward to providing you with additional information and keeping you updated on our progress. We certainly are available for any presentations or discussions individually or with the Council at an early work session. If you have any immarii~lPs "ut ht-sitate to "call me at 245-';220. Respectfully Submitted; Stan rel. Baumhofer, /asurer S E;shm CC; S. Caroliae Long, Chamber Executive Director Chief Roza Goodpaster Wayne Lowry, City Finance Officer Country Daze Board Members ` Stuart Cohen, President Tigard 'Rotary Bruce Ellis, Balloon Faster i 3 ' AGENDA ITEM # For Agenda of Februarv 14. 1995 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Authorization to advertise for bids for Grant Avenue sidewalk project _ j i PREPARED BY: R. Wool ev DEPT HEAD OK CITY ADMIN OK .v...-- - _ - _ - - - - Y ISSUE ISSUE BEFORE THE COUNCIL Authorization to advertise for bids. -STAFF RECOMMENDATION Authorize the City Engineer to advertise for bids for construction of Grant t_ Avenue Sidewalk and confirm that the sidewalk will be constructed along the E,. west side of Grant Avenue between Johnson Street and C.F. Tigard School. F INFORMATION SUMMARY The project is funded by a $58,930 grant from the CDBG (Community Development tt Block Grant) program and $40,000 from City gas tax revenues. The grant is for construction of sidewalk improvements along one side of Grant Avenue between Johnson Street and C.F. Tigard School. Staff is recommending that -the sidewalk be on the west side of Grant Avenue. Attached is 1 letter ' explaining the reasons for selecting the ;nest slide. This item was previously on the January 17th Council agenda but was pulled F. from the agenda after some of the neighborhood residents requested a meeting, with the Mayor and staff. The meeting was 'held on January 23rd. The residents expressed concerns about impacts of the construction on landscaping and parking, and there was discussion about ways to minimize the impacts. At the and of the meeting, the Mayor explained the process for residents to present any remaining concerns to the full Council on February 14th. OTHER ALTERNATIVES CONSIDERED Available options include: 1. New sidewalk or. the west side (staff recommendation) ` 2. Sidewalk on the east side (replacing the existing asphalt pathway). 3. Sidewalk partly on the east and partly on the west." 4. Reduce the project scope. (For example, build sidewalk only south of Walnut Street) , 5. Reject the grant and shift City funding to other projects. FISCAL NOTES C i As shown above. -i t; ~ December 19, 1994 CITY PROJECT UPDATE OREGON . ~ ~6'~W°S~ ~lrC3eta0® ~re~raeza+s~Irem rvssW~ OdM~t!&=OW~SC@.s~ - 3 A neighborhood meeting was held December 7,1994, to discuss the project and the pros and cons of the sidewalk options. Resident owners from three properties, the principal from Charles F. Tigard Elementary School, and a representative from St. Anthony's t church attended the meeting. A majority of the funding is from a federal grant through the Community Development Block Grant (CDSG) program. The grant is Intended to provide pedestrian improvements to grant Avenue from Johnson Street to C.F. Tigard school. t' At the neighborhood meeting, we discussed the options of constructing the sidewalk on the east side of Grant (replacing the existing asphalt pathway) or on the west side. If the F sidewalk is constructed on the west side, the existing asphalt pathway on the east side C would remain, ids Ideally we would have a full curb and sidewalk on both side of the street. However the l r funding avaiiab!e at this time is only adequate to complete the sideway: on one Side. ,..r I have discussed with the City Engineer the various comments from the December rti rneei!ng. We have concluded that the bast use of the funds would be to construct the curb ind sidewalk on the west side of Grant. This option provides two benefits that we believe are important. First, it will result in pedestrian facilities on both sides of Grant (the ' new sidewalk, ! the `vest and the existing asphalt pathway on the east). Second, it will 7 provide a safer walking route between the adjoining neighborhood and C.F. Tigard elementary school. With a sidewalk on the west side, a majority of the students will not have to cross Grant Avenue, McKenzie Street and the driveways to St. Anthony's. A ;debt side sidetr aPk also provides a:safer route' between Walnut Street and the school. We will begin the final design in January and will be contacting individual property owners adjacent to the proposed sidewalk in late January and February to review project details. Construction is scheduled for the spring and summer of 1995. Sincer ly rT A Aso , F. lic] Farts Att ~nninoor d'iC-~.:G2nt2f;r 13125 SW Hail Blvd, Tigard, OR 97223 (50,1) 639-4171 TDD (503) 684-2Ti2 -i (Mayor) You come up and sit right here in front of us and we can communicate back and forth. I don't think there is that many of you and that might help this issue go just a little bit quicker. Pull some additional chairs up with you... ...Agenda Item. 9 is Council Consideration: Grant Avenue Sidewalk Project. Let me uh, bring or discuss the issue with the rest of the Council for just a second and then... ...Many weeks ago this item was on the consent Agenda. I asked that it be removed because I have been called by a couple of the people on Grant Avenue. They felt they haven't had an opportunity to fully discuss this with staff and I facilitated a meeting between Mr. Monahan and several staff members and several of the neighbors. We met at the Catholic School. At the end of that meeting I um, notified that if they weren't satisfied with the direction tha the city was going, where the staff was currently headed with this project. That they could come before the full panel and ask for us to review the staff's decision. So that is why we are here this evening.. The staff has um,... taken a i * particular direction and they would like to address the Councilnow a and ask us... I believe they are going to ask us to take a 'hard room at what t-hs staff had added. So with that I think to bri. a first of all, before I let you gentlemen speak, could I Randy? Are you going to present or could you give' the'rest "of the Council people a quid: run down ` on ghat the project is _ and urhat's your proposal at this point? (Councilor Hawley) So you are asking for a staff report? (mayor Nicol -J) Well 1 don't think n5a - well Oc we have staff report? (Randy) I can naive a very ve-'bal, quick verbal report, sure. (Mayor) Go ahead give us a verbal report. (Randy) Basically, a year ago the City accepted a CDP "Community Development Block Grant" to put a sidewalk on one side of Grant Avenue. Between the City of Tigard School and Johnson Street, which is down by = St. Anthony's. uh, and the City had to - match that, which happened in the CIT, when we adopted that in August. So we ;got funding for sidewalk, there is enough funding to build a. sidewalk can either the East side or the :West side or some combination. Right now the street has two lanes f or cars and a paved pathway on one side, its got the... the big bumps to set it off. The old style pathway. So basically our choices are we either replace that pathway or build a new sidewalk in its place, or we go...and that's on the East side of the street, or we go to the West side of ' the _ street and build a' new sidewalk there and leave the existing pathway. ~_ge i 1 (Randy (cntd..)) ...Very briefly, staff is recommending that we go the West side and build a new sidewalk. With a pedestrian facility on both sides and we think that is the best use of the 1 fund:. It provides, ...we think it 1- O-V s ;;al;:-wa i~ to the City of Tigazzd School., because then the crossing guard and all can rove to they West side and school traffic can all be up to the West side of the ramp and there will be fewer street crossings both North and South of Walnut Street for most of the school traffic. The down side which the citizens brought to our attention was that if we build a new sidewalk on the West side we have several impacts along their frontage and primarily on existing landscaping. The sidewalk would be entirely within existing right--of-way, but of _ course over the years of landscaping and other improvements it occurred that out there would be some disruption at two or three of the homes. A number of houses have a fence along there and this work would be outside the fence in the right-of-way, but uh, incase of light or some property there is a hedge that would be taken out, incase of gar. Moore's property there's a grove of trees and one of those tree's is outside of the fence and the canal is part of this improvement. I believe there is a similar situation between Walnut and City of Tigard School in which a hedge would be disrupted. (Mayor) Randy? Have any of the Council Members who looked at the drawings have comment now? (Scheckla?) I will! on the property. (Mayor) Randy, would you just go up and show Las where -the -J different streets are? and the nte=act v....it.ae:-a a ; and 3t7a'ie.+'t"'. City of -i-iqucd School is, so we can get an understanding? (Randy) Sure, this nap's a little hard to see, I would imagine frown that distance, but basically this is Grant Avenue, the far right edge is Tohnson Street.. This is. St. Anthony's, McKenzie StreetC~s:,. com.,_s out here. Walau6 Street crosses here, and the C Tigard School far left hand of the reap. You may be able to see 1 highlighted the landscaping that would be disrupted. There is a hedge here and here and one tree 'here. (Mayor) The existing pathway is on the bottom side of the road or the East side, and your proposing half or not half street improvements' but curb/sidewalk ...on the opposite side. j (Randy) That's correct. (Mayor) Okay. Randy? What's the City's ;police when we do a project like this and we have to take out somebody's hedge, or somebody's tree or somebody's mail box. What toes the staff do? Do we just take 'them out and through "then on the ground and do our { thing or what will your staff do?--, 'acre 2 ~R 1 (Randy) Well in the case of things like snail boxes, they will have toyg rai=7 an®di tlgnVe have to{:?`{, in rR of things like `--landscaping uh, if itb out in the right-of-way there is no ' compensation for it. There is a little change here, two hedges are j basically right on the right-of-way line. Part on right-of-way and part on private property, it looks like we are going to need an easement from those two properties to build the sidewalk, to remove the hedge, so there would be some compensation for that right-of- way ..or for that easement, excuse me. (Hawley) Gould that compensation be in the form of a new hedge? (Randy) It could be. We usually preferxpd to provide the property ? owner with the dollars and they do their own landscaping. 5o that we don't get in the landscaping business. (Hawley) I understand. Can we go around the tree? (Randy) These Tree is(lose to the road to go around. (Hawley) okay.-=- (Hunt?) How big is the tree? (Randy) I don°t remember, I think its about a 1211 diameter tree.' (lair. Moore) The 1211 tree from either side of the property... (Hawley) IJow big is it? (Bunt?) Its a lot bigger than 12fe! (Mr. Hoore) About like that? (Mayor) No, No, Ko, , per . Moore, the tree is outside of your fence Tl the rirott:c.. ~,a cpcr4-r vri how m~'..°iy .I th-:.a- n.e? (Mr. Toure) The one that v,►cec3 removing ° ? u W (Harley) Era, ha, ha,. (Mayor)' Ya, Ya, (Hawley) ha, ha, ha, goad one' (Mayor) Yes sir, answer the question 1 (nI7. l3oore) I never figured' out whether it ~,,ras a chestnut or what it was, but anyway I would 'say it war, about this big oaround. (Mayor) ok, yoximthe expert, its, i ~s that big. (Hawley and Mr. Moore) ( laughing) . (Mayor) Very good. ok uh.,. (Hunt) _s. have a question for Randy-one thine clarify for ice.,.When you build the sidewalks in the park, I. wanted them built to thn street, instead the extended the street a little hit wider and painted a strip on. It sounds to me like,yoJrtsaying now that the existing,...it looks to me like the one on that exists now on this street is the same as the one you .aunt put in on Park Street that your taking this one out and putting a sidewalk in, explain to hie why we're all... (Randy) It is... (tape ended here) (Randy) If we build a new side Tralk on the East side where that pathway is, we will he taking it out and replacing it, Pace _1 (Hunt) But why would you be replacing it when you just built another!..what is the difference? Why are you taking it out now when just built one it looks like to me exactly the same one that you just got done constructing! (Mandy) Well Actually we are recommending we build on the other side and we.. F (Hunt) Yeah, But Why! as long as why we have a sidewalk in there now? exactlyy like the one we just got through constructing six months ago, why are ure taking it out? r (Hawley) It would remain, but I understand your question. (Mayor) Repeat. (Hawley) Why don't we build the sidewalks here instead of the kind of walking area that is provided for them? (Randy) Alright. (Bunt)" It just looks to me like its uh.... we have a lot of plaices F that need sidewalks, and in review the sidewalk it looks to met like we are taking out a sidewalk thatOis exactly like the one we just k built so we can put another one in.... it doesn't make any sense to me it looks like your just throwin' money away. E` (Mayor) I believes that the answer to that question is a funding issue. This project is not being primarily funded by the City of f Tigard. r (Hunt) Part of it is!.... Itis (Randy) Its about roughly 40% of City Gas Ta?c Money... `L (mayor) QKay... f (Hunt) I don't care whether it is City or Government, if yo A,9 still throwing ' money away, to put in a sidewalk when there. i already one there ;exactly like the one we just barilt sip: iiion'ths ago in different street, it doesn't add up to me. (Hawley) I' guess I pan confused Dandy, on this, what was to be on the South side of Grant? is theme a walkway now that is maintained by the City-7 (Randy) Fight. (Fawley) And, ielra attempting to pit one can the North side of Grant that there is a sidewalk, is that right? Right now there is a pathway where Grant— is? (Randy)' On this side, which is where 1 call the East. (Hawley) Cb: (Randy) The street kind of runs at an angle. (Hawley) C_:. (Randy) On this side there is an existing pathway, whA-Lch Mr. Hunt is referring -to. What we are recommending is that a new, ti ills aik go in on the other side, and this pathway 'remain. (K r>Tley) Ch, :pars- 4 r 1 1 1 ~ (Mandy) But the alternatives proposal is to put the sidewalk over i where the pathway is, it would basically be a matter of upgrading that pathway to a. full side walk with a cure, and better drainage. (Hunt) Provided you still haven't answered my question on the Park Street, you said that the sidewalk on the one side is all we needed and uh,... and so we already have one on this one, so why do we 3 need two on this one? When we only need one on Park? (Hawley) But we don't have a sidewalk on any side an Grant right now. What we have is pathway, or an asphalt walkway, (Hunt) The same as we just got through building on Park, exactly. (Randy) if, if-I'm right ...I think on Park we didn't say that we only needed it on one side the neighborhood chose to go on one side and get as far as they could on one side, because they didn't have enough money to... (Hunt) I'm , I'm sorry, that's ok... j (Hawley) I'm sorry are the conditions on the funding that we have I gotten from the government to do this, if we have desired standards for what its designed use? (Randy) Its not so much the design standards but its specifically - ; committed to a sidewalk improvement and specifically on Grant Avenue. (Hawley) And sidewalk does not wean asphalt pathway with bumps? is a that right? q (Randy) Uh. , wl 'r -i 1 t ( ~ a e mean ?.s there a s e def i n, r- ,ten Y? - G3 -1c ~~.?~*n>! mo.'s~x what 'curbs and Sidewalks and concrete..... (Randy) The application had been for a full_ sidewalk. '_-,,,,(Hawley) ya', okay. (Scheckla) Randy, with that said, I wi?l put gar and to the Fars- people, you worked with thew and put it in where they wanted,, no *c,,7 what we are hearing from these people, they don't want it where you want to put it. They are in agreement to put it on the other side and the people on the other side are receptive in saying that.'., that is where they would `like it to be. ('Hawley) Was that been explored?., ,1 mean have the property o;,mers along the East side bean polled as to whether there would be a problem on that side with their landscaping? 1 now its not that faro. (Hunt) They're here to tell us that... (Scheckl.a) dxy point see what I mean... (Hunt) For the second time when you have the sidewalk along Johnsen, then from Johnson you have the sidewalk along the school for several yards...and then to the end. Why would you want to put the sidewalk alone infrequent side of the street when you ought to gait for Pacific Highway a walkway where people could walk all they way around, and come all they way up Grant to City of Tigard. On, l mean the inside, I mean benefit everybody more or less of that happened. Page 5 (Hawley) Well that is... (Schockla) But yodre saying that you don't think that should go there, you would want it on the other side and your going to have ~ to take out several trees, take out some and the people s` there donut want it. (Mayor) okay at this point I would ....are there any other questions' of staff? ..because I want these other two people to talk and then we can discuss it. (Hawley) I ave one more 'question of Randy... (Mayor) ok. (Hawley) Ya mentioned in your verbal report that um ...you t thought that it would be um...and.!'m asking um.... do you think that it is better to put a walkway on both sides of the streets. Is that part of the motivation for putting the sidewalk on the other side of the stre t? (Randy) 'Y V~ (Hawley) That both should be pedestrian friendly... (Randy) Ideally we have a full sidewalk and curb on both sides, but there is not funding for that. (Hawley) I see. And this is pretty heavily traveled by school children, is that right? (Randy) Its a fair amount of school traffic, and especially South of Walnut near City of Tigard Scho l where there is a great deal of school pedestri traff Mayor) Mr. vor n and Mr. Moore now your opportunity to addresp- t3y_e Coun`c-. after waiting for so long. - `e3.? .r.vorsos) first of all Mayor Nicoli, Mr. Monahan, Randy, I apprecl a-- your cooperation in attending the last two meetings and. I'll go on to say.... Mayor Nicoli., Mr nahan and the Members cf City Council and Staff, I am Jim !VPKsPn, I live um, righ-k- here this is nay property and I'm impa ed probably the most of anybody. (Schec~ Ux...what is your address sir?' (Air. 12675 S.W. Grant. in Tigard-and what we're here for is um, we are opposed to the sidewalk from Johnson up to Walnut not Prow Walnut up to the School. Puke that clear, first of all. And uh... I'll 'read ` something... you mention where there is two meetings with property owners were involved and they then held concerning this project, at each meeting the property owners J expressed their desire for the sidewalk to be placed on the "East" side between Johnson and Walnut where the present walk exists. I am aware of the fact that you have various studies concerning foot traffic, but from what I heard at the January 23rd meeting', it seemed to be a bit confusing how many number of students involved in crossing Walnut at Grant Street was deterred. Also St. Anthony's seems to be in favor and actually would prefer a walk on the East side. I Page 6 (Ivorson (cntd...)) ...If this is so and the property owners on E j the west side would also prefer this, why hasn't the actual study 7 been done concerning the East side? like "That w aac"a a"uc"s iviaria¢sd A, . .J.YS regard to the constiuction, etc.... I did ask at the January 23rd meeting about this, but nobody called rye with a clear answer. In just, to bring that out, from the City furnished information, especially, this is specifically from the school, that in the past j year the number of students walking to our school and using Grant Street has increased from approximately over 20 to 50 each day. In December, January, and today I took a count. What I did is...the School crossing guard in on this side of the Street ...and I counted the number of students that gent across here at umm.... from this side to this side to the school crossing guard ...at all times ...the t first two times there were 21 kids, today there were 23, and some E ] of them are a couple of adults, one of those kids is my 5th grade daughter, and several of her friends. Now they come down here they cross here and there is a couple of kids there is approximately 10 or 11 kids that cross here at Johnson at the end of St. Anthony's r property and there is a couple here right in front of dir. Moore's house ...Now I have been here for 15 years With Mr. Wooley I have r also been involved in the Grant Avenue and walnut intersection and safety seems to be an issue. Well in my opinion this, the path on the East side more than adequately handles pedestrian and bicycle traffic. I myself walk to work or bicycle to work and I have been i doing this for four yea__rs_ L d i trav^_s , aAaxvn..aaa dV--er-t4 to VV '.d: _ i - _ vi att c. aaALitY.CIZ Street. So you Light say I am more or .i ess at the epicenter of it. •Fgo( c lap xr, vors while your up there, will you point out the is a. er^,s & on the Walnut, now what side is ^-he cross walk near on Walnut and Grant? (Ivorson) Oki, the cross walk you mean for th~~ kids? Its - igia here... (Scheckla) on what side? ( o n) This is on the East side.... (Sch kia) What? ( vooa►) This is on the East side, this is where the lids cross presently. So those are actual numbers of the kids that i count that go across ...so to me safety is really not that much of an issue as in where I beg to differ.... another point I like to present is.... when when we were approached by the city the three letters here mention a choice. one that was on the let there be three options, one on the East side, west side, or it could be left where it was. I'really feel that their mind was already made up that the sidewalk was going, to go on the West side. And to me that is...more of a government by government,; instead of a,you know, being a as a , citizen, you know, who's serving who? you -.now ki rsda' gees through my mind. i . Page 1 i 1 3 4 (Ivn (cntd...j) ....Again with the Safety issue here is a picture of me and -three other neighbors on the front page of the r- i elm, __s of in .9989,. try l- an i,~.,,,°.t.>.9.,...n A -0 ee ar a.a.auW+.i i, .a.Mp d V G1Nts13 tr .,.w to tha r ea i- intersection which w did A d , e . n so as far as safety goes, um I really have that base covered. Where I live,.,.the um.... my house is right here ...this is apartments and so forth here ...there is a lot of traffic that comes out there. There are headlights that chine right in my front window there. Also this is where the school bus stops... there is approximately 12 to 15 teenagers and _ one of theca is my 16 year old son, who catch the bus right here. F We have a nice site/sound barrier there and also is a convenient store up here. During the summer time this is kind of a hang out area for kids....now our bedroom is right here. And it gets kind of annoying when ...I feel like a sidewalk is going to accumulate . more people there. And basically, I think going to effect our j quality of life. And we plan to be there a while longer. and as j we expressed in the last meeting all the principle, the.four j property owners on Grant Street, uh and did want and St. Anthony's ° j would prefer on e side of the street That"s it for me.. k (Pfr.P2oore) Iam core; 12575 S.W. Grant, We were gone when k this was schedul to come tip, so my wife wrote a letter and I°11 E' read that now. "At your one or two meetings with property owners f have been held concerning this project. At each meeting the property owners have expressed their 'desire for the sidewalk to be al on t place . s`.~ East, sid ~.e, a ay`r.°~nt.r;:®n c~.^.~'.wnova 'anQl Walnut Sw.ree........as.... -..0. «....F.... 4 s.aco at , nacx-c+ ~ the present walk; exists. I am aware of the fact the you have uaarious studies concerning' foot traffic but from what I heard at January 23rd meeting it seemed a bit confusing on hoer the number of 3 students involved in crossing ;'Walnut and Grant was determined. ~ Also, St_ Anthony seemed to be in favor of actually prefer the walk on the East side. If this is 'so and the property owners on the W,~st side would also prefer this, why hasn't an actual study been done concerning the East side in regard to the construction and so forth? I did ask at the January 23rd meeting about this, but didn't get any call yet with a clear answer. Another point I. would like to present is that the City doesn't apparently assume any responsibility for cleaning walks even when the walks are on the right of way. We walk on the sidewalk on Walnut almost every morning. Its a wonderful sidewalk and we appreciate the factthat it is there. However, very few property owners take responsibility k { to sweep or clean up the dog messes and litter which accumulates. This can be a problem hazard and an eyesore to the neighborhood. Mlaybe this is the City's responsibility and something that should be explored. I should add that 'I probably won't be able to keep the sidewalk clean at all times either, but if some chance the West f, side is chosen of course the mess will be the same where ester the sidewalk is placed. Page 8 l i f (Mr. Moore (cntd...)) ..one important aspect is the elimination of parking along Grant Avenue. it seems to me that most towns flll.. „t a at- ets - to 1 should .Myra it. " Betty Moore- _ were planning on being out of town and were, Thank you, yeah, we and you were out of town to I guess as far as that meeting was 1 concerned. So I thought I write a little to it too. Excuse me this is also part of Betty's letter..." I also believe that a stop 1 and go signal is becoming more and more necessary as corner traffic k on Walnut increases. It is really frightening to see how fart the traffic moves completely ignoring 'the flashing lights as well as the traffic guard who is only posted there for a very short time, F she has a dangerous job. I am certainly in favor of a sidewalk, it just seems to make better sense to place it on the East side. Where there would be less construction impact on the neighborhood and every bit the same for the foot traffic. Most of all I believe that more effective lighting should replace the flashing light. I sincerely hope that each of you can the Council will give this project more of your attention." Sincerely, "Mrs. Robert C. Moore" ok there I had my two bits so here we go... "in regard to the I proposal sidewalk on Grant Avenue...I suppose any wife has already written you about this, I must have my comments-as she has already said we have the attended two meetings about this. All the comments of the local residents have been in favor of the East side ) location. With one possible exception that has become obvious to .LU._~. "sr loci • ons ha-v°° '*ct been sariously vonsidered by d~~'..b F'7- >AwYV .orv rras GdCA r11QM L11G i~ 1arp yi ~.ae .v.~ staff, on questioning, we couldn't get any definitive answer on this... The cost of other side, 1 don't know I'm not an engineer and it seems to aye its much less costly to put it on the Easy: side and maybe cost is not an issue. Another point is that :a west location of the 'sidewalk would wipe out a whole parking...our_ :location has been developed for parking. Which the general public ~ uses much more than we do. This is, there is no parking on Walnut Street. There will be no parking on 'ours if its on the West side, I think this is a"matter of consideration. Now members of Council, I know that you mist rely on your engineering partner a great deal, however, T gorge you to give your own ernest individual i consideration." I'd like to add to that....I'd`like to ask the ! Council how many are acquainted with place on Grant Street? How many looked it over? You have? I'm not going to ask your decision on it, but it seems to me that it just doesn't make sense to put in on... but I'll add a couple more ideas about this...one' thing in recent years there has been people killed from an automobile coming from behind him and they were not on a sidewalk, they were on a i road side. one case in outside of um..Estacada there was a groups of kids run down and several of them were killed. in Beaverton, more recently, a drunk has come from behind and a woman was killed. ~w Pace (Fir. Moore (cntd...)) ...There was another that I don't recall right now, I think the case of the or ran down a girl came from behind there was no Qhance for escape. This is what 1 see with a path a regular old path were there is no curb. Against a curbed sidewalk. A curbed sidewalk offers some protection against this sorter thing. So I can see where an improvement would be greatly beneficial on Grant Street because the car coming from behind and you have no chance for escape. But um-there is a question I would like to ask is whether the condition was made for this grant was it specified what side of the street it was for? (Randy) No. (Mr.Moore) Then it really was a mute question. (Randy) No. ..Can I add?...;.t just says sidewalk one side of the street, it doesn't say which side of the street. (Mr. Moore) Well I see, I see no need for two sidewalks, or a sidewalk and a, path. But I see where a curbed sidewalk would be of real benefit on the East side over what is there now. And uh, it wouldn't upset the parking situation. There could be more parking developed on there. And I note as I say that the general public uses it much more than I do. I'd hate to see it wiped out. But I urge you to give your individual consideration to it. Thank you very much. (Mayor) Thank you Mr. 14oore. Are there- any questions -that the Council have: of either Mr.svorson of Mr. Moore? (Rohlf) Iiave you folks ca loud with the neighbors on Brae East siae-, "p toward the school? How do they feel about having a sidewalk on -their sides? ( Ivor: on) Okay, from... Cindy Winn uh, she attended this meeting, and she didne . wean to be opposed to it, you probably know that there is sidewalk ` coming; down walnut ' here and the definite advantage to having a sidewalk ' on the West side. You know, from am...Walnut. ..up west. You know, up to the school. This is a dekiDite 'need. Cause there is a lot of kids. Anyone who has attended a function at um CFT, knows that during wet rainy weather there is a big puddle here,' maybe 4"to 6 inches: deep and this side over here, which is a continuation of a; path. The `path. down here is really in good shape, you know, you can roller blade on it. Because :I do and'uh, up here this really needs to be developed and none of the residents really attended the meeting. (Hawley) 5o you then you haven't talked to the people on the East side between Walnut and Jefferson? (Mayor), No. We uh, have not, but I think the Staff notified them all and invited them to a meeting. Correut Randy? (Randy) The original meeting all the residents along that side of the street noticed that... Page 10 (Rholf) And the subject of the meeting was? A side walk or a sidewalk on the Vest side or what? (Randy) A sidewalk and what sidle should it go on..., (Rholf) okay... (Mayor) Also Randy I think maybe you said, and maybe I didn't hear maybe you overlooked it, but I believe the side walk was also going to incorporate improvements to the storm drainage system along the entire length of the sidewalk. (Randy) Yes, either side that it goes on it will have a curb and so the storm drains will be improved also. (Mayor) okay, so the existing storm drain will be operating, ok, because there are some water problems along that stretch. (Hawley) I have a question for Randy ...ok, um...maybe I missed, but if you "did put the sidewalk on the side that is drawn on up there, ...its the west side ...ok, does that preclude andy parking? in front of the parking along there, do we not have enough to allow more parking there? (Randy) That's correct the streets really not wide enough to allow parking on the streets now. The curb is going adjacent to the existing pavement. (Hawley) I see so if you go parking in the right-of-way and on private property can they park over there now? (Randy,) Probably, parking on both?. (Hawley) ok. (Randy) Tts posted now "No Parking can Sunday Mornings". I have never seen many ;cars parked during the week, they probably do sometimes, but I have not seen them... (Hawley) My second question is between your staff report,do you have other alternatives considered .Number one, New sidewalk on the Nest side is obviously the staff recommendation. Number two, is sidewalk on the East side replacing the existing asphalt pathway, fiscal notes on those, ;which one is more expensive? (Randy) The West side is slightly more expensive, there is nat a great deal. of difference though, because of the storm drainage work that needs to be done on either side they are about the same. (Hawley) Do we have any other landscaping approachment circumstances on the East side? (Randy)' There is no landscaping, because the path is already there, there are some driveways that would need some minor regrading, because the new sidewalk would be grade to the curb. So they would need to be regraded to match that. (Hawley) And, then in reference to the.... I guess maybe an implication that maybe there is :a difference in the number of ]tick that cross at Walnut Street.` what is your estimation of the number of kids that cross at Walnut Street? Page 11 E (Randy) If got any study from that, we have only had a report from the school that suggests that the biggest factor is the children coming along Walnut and down to the school as Mr. Ivorson ` mentioned. Which led to the recommendation that especially South ! of Walnut the sidewalk be on the West Bide. (Rholf) Given the fact that there is this driveways entering in to St. Anthony's, why is it that St. Anthony's want's the sidewalk on their side? (Randy) I assume that it is to upgrade the frontage and the access to their school facility also. Mo.:,t of their students I believe: are transported by car and some of them apparently walk to school also. (Hawley) Does St. Anthony's give provisions for crossing the street at Grant and Johnson's? Do you have any crossing guards or something like that that may be written there? I mean I recognize it is a very light duty. Does St. Anthony's work with kids that cone from Walnut that are walking? Do they put a crossing guard out there? ii (Mandy) I don't know... f (Mr. Moore?) I don't know if they are theirs? but there are some f that are up there .I think... F; (Hawley) Yes.-Yes City of Tigard does that. Most at St. Anthony's... (Scheckla) And you have people down tiers that direct traffic gat.' y St. Anthony's... somebody there it the morning and somebody there i t11e afternoon.... they Lai, f-- a,.uiiao t0 d0 t & %c a So s wou.1d imagine the problem would be overlapped there too. The question S € have ?dandy is when you the City of Tigard and the sidewalk by St.'Anthony's ;property why would it not be appropriate to in the future `put a sidevalk all the way around and from all the way from ' Johnson up to Walnut and all the way from Walnut up to the City of Tigard. People could walk through there all the time, they were having a. basic sidewalk all the way from one school to the ...the other with out.. except having 'a cross walk already in at Walnut, between Grant and Walnut where it goes up to `the 'city of Tigard. It would have already been there and ;you 'have a sidewalk already on Walnut already on one side. And there are people that are helping direct young people at the cross walks, it would be less dangerous and it would be more safe more 'people ...I myself am for the sidewalk being on the east side, because of safety and also because most people don't want it on the West side. Mr. doors°s house and his yard,, landscaping is really immaculate and people should be. more receptive to how they keep up their yard like he does. And if you put it on the West side your going to wipe out a lot of what he ~ has already put in, and later in timme and take out some trees, and we're all saying we want to save our trees where at all possible. Page i2 t° f=;~ (Scheckla (cntd...)) Now we are going about it than other gray and saying well we don't really care about the tree, they gotta go for the side walk. Well I'm opposed to the West side. And I would recommend we go with the East side. (Hunt) Randy, tell me again please why, I think safety is the one reason why you are suggesting the Wrest side? - (Randy) Safety is definitely one reason, the other is just the best use in our opinion of City funds, because we already have pedestrian facilities on one side, and rather than wiping that out to put in better facilities we thought it was better to put a new sidewalk in . (Hawley) So your kinder spreading the...your allowing more pedestrian access by doing this, which is one of the objectives of how we see our city at peak times, I mean... (Randy) We thought it was most ban for the buck if you will. j Safety is especially a concern betwe Walnut and City of Tigard, J. because there we thought the West side, I think there was general 1 agreement on that the West side was preferred because a lot of students wouldn't have to cross any streets to get to school. (Scheckla) But you don't know, because you haven't done a survey to find out how many walk on one side or the other side... (Randy) No. (5checkla) You should have did that Randy, because it not what we have documented.. ~tea. do that, WP have re-lied on the information ^Nn (zanily) We still the schools gave us and I appreciate that ...that frequently that's the potential walkers, rather than those who walk each day. (Mayor) Okay, are there any other questions; of staff? (Mayor) Okay, lera gonna lead off with my comments and I'll give council some In reviewing what the staff has done here, I i believe that the staff has aged appropriately. For them to have come up with any other option, I would question their judgement. my understanding is this project is approximately $100,000 The City put up $40,000 the Federal Government is 'putting up $60,000. $100,000 is a lot of 'money I'm concerned both from a Federal dollars and our 'dollars which even more credits to us, that we're gonna go in and tear up a walkway on one side and prat another walkway on top of its To me that's a total waste of tax-payers dollars. That bo me, to me that's throwing away $100,000 `e of do the 'project. Because I can find dollars'. T just another project we caa put $40,000 in even though we have to dive $60,000 back to the Federal Government.; I really think that process and the recommendation that the staff has made is right on line. Ism in favor of leaving the sidewalk e1_actly where its at. i 1 r (Mayor (cntd....)) ...My ....one of my original concerns was the tree issues, them; are some very beautiful trees on the West side ~ of Grant Street, but only one of those trees has to coarse out and it in my opinion is not worth saving. its not a large tree, its not a tree that is significant, but there are some other very beautiful trees there we will not be touching. Uh.... that was one of the G' first issues that I brought up with Randy and they have the tree well shown on the drawing. So therefore, I am.... probably be voting in favor of keeping the staff recommendation. r (Rohlf) Well I think when it was brought up earlier that the existing pathway provides no "protection for pedestrian for cars that cane along and can go either side of that speed bump and clip ya' uh, and that uh, a raised sidewalk would probably provide the protection that you wouldn't otherwise. I drive that street everyday, because my kid goes to St. Anthony's and so I have seen the kind of traffic that's going through there, especially as more and more people: try finding ways around 99. So mice strait shots like this one provides, to get away from 99 this area could see a i lot more traffic in the future. I guess normally wouldn't have any objection to the sidewalk being put in there in addition to-on the other hand I don't know why that street needs a pathway on both sides. ..uh. ..and since we have property owners that strongly object to having a sidewalk on their side. I really don't have a problem ai * t f with putting the sidewalk down on the other side. €Jh...I "think probably a raised sidewalk is a good 'idea in that area and am..,.given the fact that I don't here any objections to it being on the East side. I agree with your.reason with it seems kind of stupid to wear up are existing pathway and lay something down on top of it, other than to get " added - safety out of that. So I would le n. v ..because of the objections towards moving this sidewalk to the East side or fear..... going the project altogether. - (Iiawley) I am relatively having trouble on Most o:L 1 it uh..-watching speak about pros and cons both ways, I'm . definitely in favor of having..... um- from Walnut to Johnson in Tigard, I v:arnt: a constructed sidewalk on the West side. That makes perfect' sense to me. The :ids that walk along Walnut and turn the corner there don't have to tangle with traffic in any war and they can get to their school. I think that's an appropriate place and I would be strongly in favor of. using that portion at least ...of the project on the West side. On the East sids...I mean on the The° rest of it from Johnson> to Walnut-uh., ..2 just cant ...I don't have a reason to argue one way or the other, and I apologize that, ...that there's property owners sitting here that's pled his ' case, but I ' don't - I cant find myself sprayed um... because ' its lillcc... there are balancing arguments for the other and ` ~ have to agree Tvith Councilor Rohlf it seem really dumb to me to tear :up a f sidewGalh a w 1 I page 14 (Hawley (cntd...)) ......I guess what's really pushing me toward ...I guess what I am about to say is the fact that we have a policy here that we need to create connectivity and access for pedestrian bike ways. And it makes sense to me to um...if we can spread our dollar and if that pathway is good enough for both lane i and bicycle riding and walking lets leave it them and lets put access on the other side of the street. I can appreciate; however, 1 that Ht. Anthony's which has weddings and other significant social functions there, I'm concerned about the fact that they're, that parking that's there whether its on public or private property won't be there anymore for people to use. Don't know hove to solve that problem, ...um so I guess, the only place I can firmly come down on one side or the other is to say that the one I care about 3 is from Walnut to Grant and I want that on the West side. And between Johnson and um walnut um I am ....I'm mutual. (5checkla) on the east (tape stopped here.) Street lighting in on that side of the street or the sidewalk, I haven't heard that. (Hawley) Does that include lighting? on the West side? 1 (Randy) No. No additional lighting. (Hawley) Are there street lights adequate on the East side that would go with that side? (Randy) Typically on street like this the lighting is only on one side, its the side power poles are on, in the older neighborhoods. NHawley) 1CJJh,,.. oYa, (Schec3ela) Along the St, P_n'g1Z3. Sl.Qe t8ae1C + is .a :t-_yan x_Laa~ E.aaa. er ut.[xa there se people could walk at as Lght and not have to worry about things .'..but fact retaining the one sidewalk and that's criminal why didn't they put a sidewalk from Pacific Highway on Johnson ors one side- and not continue on to do anything with it? And of plus now the sidewalks on the East side from Grant ...orr er°' from West side from Grant up to `Walnut? Because you have a sidewalk and -then there°s no more sidewalk °then `it leaps right over on the West side and you put it all the way up to Walnut. That wouldn't satisfy it, because on the East side where the walkway is, i the walkway bike path does not go all the way down to Johnson does it? (Randy) No, it down"t: (5checkla) So your saying that you want it to connect somewhere, but again your gonna have to draw somewhere-either off of Walnut 1 and to have safety people guarding it...or down to Johnson where - I) there is nobody guarding it. And Wendy here's concern was for safety also ...but now, now...er...we're it making a chunk over here and chunk over here and nothing in between. When you went from Pacific Highway on to Johnson only up so far, and ended it,.. lawn now. R i (Scheckla (cntd...)) ...If you had it on the West side with the sidewalk it would be a heck of an infringement for everybody, through that vr,:a, but n}tvinupgly you feel tii 4'®r®:atly pRa,;;d`g'r w.^.d that's fine, but my idea is with the neighborhood protesting already a 100% .your going ahead and saying we are going to put it on the West side anyway, its a done dea1...I don't want it there... (Hawley) WHAT! did, did I hear you say it... (Scheckla) ..well, I am what your saying when E ` these people went to protest ...and for me... (Mayor) Mr. 5checkla..... Mr. Scheckla... , (Scheckla) ...At the meeting... ~ (Mayor) Air. Scheckla... I'd like to cut this conversation off, I think you're had enough time. Fir. Hunt will you proceed please... (Scheckla) Mayor Nicoli...that's your prerogative... and I (Mayor) Mr. Scheckla... (Scheckla) And I really think that I have input again and I can't help if you don't like it.... (Flayor) Mr. Scheckla...I think you have had adequate time, I also E' don't like the way you address the staff, ok? and I will talk to you about that later... (Scheckla) YOU can talk me about it right now! (Mayor) NO ! (Scheckla) Nc ! i want you do it righ - here .1 (Mayor) No. N\ MG v cs 1 P ~ ! (Scheckla) Yat9 , ya' go ahead (Mayor) Fir. Hunt,...Please Please proceed (Hawley) I have ...I have.... (Mayor) No-please, Please proceed M--. Hunt.. (Hunt) I just have two comments, one I will repeat the remark I made before that I can't see any reason, ....why we built sidewalks within the last year along side of the street and now we are saying that we shouldn'.t - you shouldn't have that. There should be a - sidewalk built `there, instead of extending_ the street, when ve-that's just exactly opposite of what we did within the last near. There is no consistency and it doesn't make rhyme nor reason to ane ...if'that was ...if the extension of the street for a walkway was good enough to put on Park Street within the last year, why isn't it good enough to stay on that street? The other thing is that as lone as all the meetings the neighbors there, once we get the sidewalk to stay where it is, I certainly> can't see the City Council sitting :here and telling these they don't know they're talking about with ...;.what we_should 'put the sidewalk on the other side of'what 'they want-that's my (Mayor) M Hunt are you suggesting,. just 86 the project and not , put anything in? Page 16 i f E j f t (bunt) yes, I would ask one question though first; Is there? Does the one on the East side run the full length of the same distance as they were going to put one on the West side? (Randy) Yes. (Hunt) Then as far as I'm concerned I think forget it, I think weIre.... I would rather give them forget it save our $40,000 and loose $60,000 and I would vote to raise that street over there. (Rohlf) 1 have one other question, um the water problem that we were talking about ...is there a way to address that if we don't do' the sidewalks? a (Randy) The drainage problem up by the City of Tigard E. School-well we did that a couple of years ago by putting some more pavement up there and trying to level it off...I think there is a little more we can do....um...I'm not sure we can cure that drainage problem until we do add curbs to that street. t (Rohlf) if we put the sidewalk just up Walnut Street will we still ~ qualify for the funds? ...Just the stretch only from Walnut up to the School? (Randy) Yes. i (Rohlf) Okay... and we can take care of the drainage problem there? Put the side walk on just that side for just that lane? Before on the West side putting sidewalk up from Walnut up to the school ...the drainage problem is up in that area? correct? (Randy) Right. t (Rohlf) Okay, that would address the sidewalk issue up there 1 without ever invading the neighbors dawn below and provide the safety for the kids coming up off of Walnut and take carp: of the Water problem. (Randy) Take care of the water problem on the West side and I still have a puddle in the path on the East side ...um...because we wouldn't be doing work over there. f (Rohlf) Well, I guess I don't understand then, because initially your proposal was just to work on the West side. Right? Okay so how would you have taken care of the East side water problem then? (Randy) I'm not sure we would have cured all that problem with this project ...uh... (Rohlf) Okay.... (Randy) We would have paved a main pathway beyond the blest side rather than the East side. So it would be less of problem. (Rohlf) Ok, but it is a financial option to us to cut back on the scope of the project, lets us do that.. (Bandy) Yes, okay... (Randy) The rough proportion of City and Federal Money will stay roughly the same, but you could cut back still. (Rohlf) That's it... { Page 17 i _ j 3 3 a F (Moore) I haven't found a more logical thing... (Harley) Well I have question too, uh...I guess the $60,000 that the federal Government has, is their way um...to um, preserve that _ sii,A. ~ a. ` a~ a .a.ia t hl^vnv . of rt- y instead of the three bavr,.a~. k- - cti~w s.i. wV a.aau'6' v vF prvpc block- length that we probably have been working with before? In other i` words um if we can use the $60,000 for that stretch between Walnut and the high-the, the grade school, um.... and sink our $40,000 into the drainage of ...the purpose to ..can we put sidewalk on i both sides, that kind of thing? Can we have that kind of option? (Randy) I believe- so, I would have to check with granting. I believe we can put sidewalk on both sides on just that piece, I believe that's an option. (Hawley) Would it be comparable in terms of cost? I mean ...I, 1 am booking at one part, and it looks like its twice as long as the other parts. If you drive it...if you cut it in thirds then you 4,. could put one of those thirds on the other side and improve the u drainage with the other third. (Randy) Yes, cost wise I'm sure you could do that.,. (Rohlf) I would like to hear the reaction of the two gentlemen i here with ...if that would meet their objections. a (Ivorson) You mean for Bob's sake, you mean for walnut from up to the school? (Hawley) sure. (Ivorson) Yes, that would be, definite or definitely an ideal situation, people coming from Walnut, uh...heading West or coming ' .-ALC s~.:a3VV howli there dherp ` 1 --v foot- e 8 foo YdEJ 6rCiWQ3. towar' ld L13w"Y. a 4d.0~r of or v yVwar 3.b u."r.T GtJ i1n f-'-- that's on Walnut Street ...is that right? (Randy) I believe its a 6 foot. (Ivorson) Anyway they would come around, its a lot easier to show you than it is to try to describe it, this would be-this provides excellent access for the kids here, and of course there is sidewalks here you know' that comes around here and this doesn't R really need to be improved, as far as uh, anytime you have a function at the school, people have to, sometimes people have to-sometimes people park along here uh, there's kids, this path is uh, crumbling, you know people have to walk in water, that's what I had to do to attend one of my last daughter's functions all ; the way up here, and its definitely a safety issue, um, from Walnut up into the school. j (Moore) I'd like to apologize for only speaking of that between Johnson and. Walnut, actually it should be some improvement going from Walnut to the school, it definitely needs improvement. r (Hunt) But your suggestion that Council Rohlf made with would you wouldn't object to that? (Hadley) No, it sounds like no. E Page 18 k a ' i a a (Rohlf No from Walnut up to the School is ghat you would be in favor of? F :i (Moore) Ya', that's right... (Mayor) I like wise would support Air. Rohif°s position. (Hawley) And I'd like to just simply clarify a little bit, to say t, that if we could preserve any of those matching funds that we are getting from the Federal Government by putting sidewalk on both I ' sides an improving the drainage. I would like to pursue that, because that gives us $2 for $1 almost, and lets not throw that f opportunity away, we already have the grant, lets see if it qualifies and put sidewalk on both sides and improve the drainage. (Mayor) And if not just improve the one side... (Hawley) Ya', and then take this portion..... (Moore) Well no your saying put a side walk in one area on both sides. (Hawley) ...From Walnut to the School on Grant Avenue... (Rohlf) ..And the objective is to get the drainage on both sides. { (Mayor) With that it looYts like we have some agreement, would ~ someone like to make a motion? q:. (Fawley) we all agree to an alternative THAT ISN'T EVEN ON OUR LIST! (hunt) Bob your the one that (Rohl;) I move that we direct staff to explore the alternative of putting sidewalk on both sides of the street from Walnut up to the - _X Tigard School, um...and there by improving the drainage, and adding sidewalk access to both sides to that street, but not continue the sidewalk on down as diagramed on the sheets up there. ...and ...and if ...if the if the funds can't be used that way or if the drainage can't be improved significantly, then just to construct the sidewalk and improve the drainage on the Wrist side... (Hunt) West side? f (Ronlf) West... (Mayor) blest side from Walnut on up to the School. Charles F. Tigard School... (Hawley) I'll second that motion. (Mayor) okay, there has been a motion made and j seconded uh...all those in favor? (Hawley, Hunt, Rohlf) I ` (Mayor) All those opposed? (Scheckl.a) Since I'm not allowed to give input I just want you to know I won't vote either way on this item... (Mayor) Okay thank you, Mr. Ivorson and Mr. Moore. THE EM t' r ' h:\login\kerityn\grmtaYe.ogn Fame 19 i @ y ~ i { l j - J s AGENDA ITEM # For Agenda of February_ 14-, 1995 I ' I CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Review and Discussion of Existing Annexation Policy for Existing Islands. } PREPARED BY: Ray_Valone DEPT HEAD OK ~ CITY ADMIN OK t i ISSUE BEFORE THE COUNCIL Discussion of annexing unincorporated areas that are surrounded by the city using the island method. This is not an action item. INFORMATION SUE Y-ARY At the study meeting of November 29, 1994, the Council requested that staff ~ talk to the Boundary Commission staff and obtain information on the status of septic systems within Walnut Island. The purpose of this research is to help determine the feasibility of annexing walnut Island. Please see the attached memo for the results of this effort. F i F i f r i r - 1 1 t i j I rs- _ G i i I, r MEMORANDUM CITY OF TIGARD, OREGON i TO: Carol Landsman # FROM: Ray Valone \24 c DATE: February 2, 1995 SUBJECT: Island Annexations i 1 In April of 1994, the City Council passed Resolution 94-20 (Attachment 1) which stated the city's intent to annex all unincorporated areas that are completely surrounded by the city 1 using the island method. Currently, there are six islands in the city's planning areas (Attachment 2). After examining the annexation process, staff recommends against forced annexation of island areas. Because the Boundary commission, which dislikes F ? forced annexation, must approve all annexation requests, it is highly unlikely the city would be successful. Staff recommends the F city encourage voluntary annexation. Further, the city should work within the political process to make island annexation easier. , ANNEXATION CONSIDERATIONS Bef~?re arriving at its recommendation, staff examined state annexation policy and the Boundary Commission's application of it. Although there are several methods to initiate annexation of land, the focus of this memo is the island method, due to the city policy in Resolution 94-20. State law (ORS 222.750) gives cities the power and authority to annex islanded territory, subject to Boundary Commission approval, without the consent of the affected 1 property owners or residents, subject solely to referendum. Criteria used by the Boundary Commission in making decisions on 'j annexation requests are not clearly defined in the state statutes. The Boundary Commission in recent years has not looked favorably on island annexations when there is any resident opposition. Primarily through its interpretation of statutory review standards, the Boundary Commission places great weight on the wishes of island property owners and residents. In recent decisions, the Boundary { Commission has denied applications for island annexations when there is opposition from these groups. In light of this situation, the amount of opposition within walnut i Island in particular (85% opposed in 1993) would seem to preclude the city from obtaining Boundary commission approval under the island-initiated method. Further, in approving the owner-initiated A annexation in 1988 that created Walnut Island, the Boundary Commission stated in its final order that "The Boundary Commission takes this action with the knowledge that the Tigard City Council ? has stated it will not pursue island annexation of the area which 1 x f is islanded by this proposal. j j According to Boundary Commission staff, the commission would look more favorably on an island annexation request if there is a widespread health hazard within the area. At the study meeting of November 29, 1994, the City Council requested that staff obtain information regarding the status of septic systems within the walnut Island, in particular the number of failed systems. After speaking with county sanitarians and reviewing 79 files, staff could find no evidence of an extensive problem with island septic systems; of the 11 repair orders since 1980, only three could be considered major. ANNEXATION OPPORTUNITIES Despite the overwhelming opposition to forced annexation, some 'i walnut Island residents have recently asked about the benefits of annexing to the city. In addition, staff have received more } inquiries from owners and their representatives who want to develop their land and, thus, would need to annex. Also, there might be a better opportunity to encourage annexation of the other five islands. Although the Boundary Commission does 1 not like forced island annexations, it does look favorably upon other annexation methods. In particular, the Commission seems to favor the double majority method, where written consent is required ~t from a majority of the registered electors and from the owners of mire than half the lard in the affected territory. The residents' opinions and feelings about annexation of these other islands are - not known. However, they may be responsive to the benefits of annexation. In fact, nine of the 25 residents of Island E (see J attached :nap) have signed agreements to annex to the city. The resident of Island A has recently expressed an interest to initiate the annexation process. i POSSIBLE ACTIONS Given staff's recommendation above, actions can be undertaken to encourage residents of unincorporated islands to annex to the city and to promote island annexations in general. Some suggestions are: i j 1. In processing annexation requests for development in walnut Island, encourage adjacent property' owners to join the annexation process, as appropriate. 2. Initiate contact with residents of Islands B, C, D and E (see i attached map) to encourage annexation via the double majority 1 method. I 1 3. Investigate the options for influencing the policies and ! procedures of the Boundary commission to facilitate consistent decisions that honor the Oregon Regulated Statutes ~ regarding island annexations. 1 i i CITY OF TIC, OREGON RESOLUTION NO. 94- . ~ A RESOLUTION OF INTENT TO ANNEX BY ISLAND POTHOD AREAS OF UNINCORPORATED WASHINGTON COUNMY THAT ARE COMPLETELY SURROUNDED BY THE CITY OF TIGARD WHEREAS, Tigard Comprehensive Plan Policy 10.1.2 (a) states that approval of annexations of land by the City Council shall be based on ~ findings that the annexation eliminates an existing "pockets or "islands of unincorporated territory. WHEREAS, Tigard Comprehensive Plan Urbanization implementation strategy f, No. 7 states that the City shall actively seek to include all "unincorporated islands areas into the city. r_ WHEREAS, irregular jurisdictional boundaries may cause confusion and i' inhibit efficient service delivery; and t. -i WHEREAS, the Tigard City Council has stated its desire to annex all, existing unincorporated islands; and WHEREAS, ORS 199.490(5)(a) and 222.750 allow a city to initiate annexation of an island; and E i WHEREAS, it is in the best interest of the citizens of Tigard to begin the annexation process for unincorporated islands within the City; and NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that : { Section 1: The City of Tigard intends to annex all unincorporated areas that are completely surrounded by the City using the island method. Section 2: -The City Council directs- staff to begin the annexation process as outlined in the attached Exhibit A. PASSED: This Is day of L 1994. W4 41, May - City of Tigard ATTEST: { City Recorder - Ci y of Tigard i i RESOLUTION NO. tae- Page 1 3 j EXHIBIT A i y Island Annexation Process r _ 1. Background Analysis (September '94) f ® Assessed Value • Population - • Infrastructure Assessment Service Impact Assessment l a Financial Assessment II. Public Information (November-December ' 94 ) City intent - what, why, when, where Impact to 3rhe City k Impact to island residents and Property owners s III. Annexation Initiation (December 194 / January 195) • Notification F • City Council Public Hearing: Resolution to initiate annexation • Ordinance to change land use/zone p IV. Boundary Commission (February / March 195) • Legal description • Certified Resolution i • Public Hearing { k - I { e j [ A t_ I a - Attachment 2 (A) City Of Tigard Unincorporaied isiands a j i -T- ,I. 'yYi. i r L_r~ 1 CZ R'S FERRY P I 1 \ _ RT DAK A ST r y 1 _ f AL UT RDE - , t O WAIN - { 1 Nil" RD i w _s _ 04 REF aEND m j a 1 i I 02102/95 i , 1 i _i i ATTACHMENT 2 (B) ,j STATUS OF UNINCORPORATED ISLANDS x i Island A_ - Created by the annexation of the eastern Metzger area, this island is a single parcel consisting of 0.59 acres. The current owner has recently requested information on annexing to the city. Upon annexation, the property would be designated Low Density Residential and zoned R-4.5, in compliance with the city's i Urban Planning Area Agreement (UPAA) with Washington County. Island B - Created by an annexation in 1993, these two parcels of 2.44 acres are located on Bull Mountain Roar: just east of Hazeltree Terrace. Upon annexation, the parcels would be designated as Low Density Residential. Islands C and 1D - These islands, consisting of eight and one parcel respectively, were created by an annexation in 1994. They are • located along Dull Mountain Road near SW 126 Avenue and comprise approximately i0 acres. In Resolution 94-12, initiating the owner- f '.1 requested annexation that created these islands, the city declared its intent to start annexation proceedings for them by March 31,; 1995. Upon annexation, the parcels would be designated Medium r. _ Density Residential. E i island U - This island is located adjacent to the intersection of 135th Avenue and Fern Street. Consisting of 25 parcels and approximately 20 acres, it was created by- an annexation of six parcels in November of 1994. In Resolution 92-49, the city :i declared its intent to annex the island in the future. Nine property owners within the island have signed Consent Covenants (Nonremonstrance Agreements) to annex to the city. Upon annexation, the parcels would be designated as Medium Density Residential. Island F - This is known as Walnut Island. Created by an owner- initiated annexation in 1988, it consists of about 450 parcels and 350 acres. A survey conducted in 1993 revealed that 850 of the residents were opposed to annexation. Upon annexation, the island parcels would be designated as Low Density Residential. i i ~ I ~ i i a i r, r 7 ctober 7, 1935 [ i CITYOFTIOARD OREGON b 1 c i Dear Walnut Area Resident: Udhile not' le all required to notify you, the Tigard City Council wants you to } be aware of annexation activity in your area. We have received a petition j from owners to annex roughly 40 acres at 132nd and Walnut. City Council has accepted this request .for annexation and forwarded :it to the Boundary Commission for their action. This annexation will create an "island" which includes the Walnut area. I'm sure. that many of you have questions as to the future annexation of your area. We wish to advise you that, while State law allows the City Council to annex islands, the Tigard City Council does not intend to unilaterally annex the Walnut island. lie have, however, received a number of inquiries from people In the Walnut ~ area wiho wish to annex. We are happy to continue to provide Information ~3arding the benefits and costs of annexation to Tigard. Tffte 3ouadary Commission will be holding its hearing on this annexation - Thursday, October 20, at:-7:00 p.m, in the Multnomah County Courthouse, 1021 SW bath Avenue, Portland. Included in this hearing will be a presentation descritbiti& the specifics of the 1.32nd Annexation. You may wish to listen to the presentation and express your comments. t i If you would like more information or have any questions about this annexation or the process, please call Jill Monley, our Community Services Director (639-4171). or_ the Boundary Commission staff (229-5307). Sincerely, Tom Brian f Mayor ht/7052D 4 E' i i i { 125 SWH all Vvd., P.Q. Box 23397, Vgard, Oregon 97223 (503) 639-4171 E 1 AGENDA S. l sal•E JY F For Agenda of CITY OF TIGARD, OREGON i COUNCIL AGENDA ITEM SUMMARY ' f ' ISSUE/AGENDPE TITLE PDR 94-0002 SDR 94-00191SLR 94-0024 Gordon MartinLTr-i Counter Center 1 PREPARED BY: Dick S. DEPT HEAD OK l CITY ADMIN OK 6AA _ ISSUE BEFORE THE COUNCIL Should the City Council affirm the tentative approval of the Martin/Tri- E-: County Center and approve revised plans? STAFF RECOMENDATION - Staff recommends that the City Council approve r~ the plans as revised by the applicant and direct the applicant to prepare findings for the February 28th Council meeting. (Submittal by Feb. 16) INFORMATION SUMMARY a I At the January 17, 1995 City Council meeting, the Council voted to I tentatively approve plans for a 360,620 square foot business center south of 4 Dartmouth Street. Approval was subject to returning to the January 31, 1995 . Council meeting with a final order addressing additional findings and conditions calling for the City Council's review of the center's detailed plan submittal. Secause of legal notification requirements, the January 31, 1 1995 deliberations were continued to February 14, 1995. Since the record has ' j been held open the applicant has chosen not to submit findings at this time so that the City Council can complete its deliberation and close the record. On closure of the record the applicant will prepare the additional findings. (See attached letter from applicant's attorney) As a result of the January 17, 1995 meeting additional findings were to be added to address the transportation planning rule, wetlands and the wall. The Council agreed to add conditions calling for the Council's review of detailed plans including elevation drawings, maintenance of 26 percent landscaping, the provision of access to sewer for lots along Hermoso Way (without a reimbursement district) and the site and sound barrier. In addition, conditions to require half of the required bicycle spaces to be covered and the placement of three inch replacement trees were also added. The applicant has indicated, that due to plan revisions, calculations for t landscaping considered by the Council were incorrect. The actual percentage of landscaping shown on exhibits reviewed by the Council was just in excess of 16 percent. Fifteen percent is required by the development code. The applicant is requesting the Council approve the development plan with the understanding that landscaping is 16 percent rather than 26 percent. OTHER ALTERNATIVES CONSIDERED 1. Suggest other modifications to the plan ! F i F rL" - .lj t` ✓a ~ ~..m a~da~.~ ~.~.C.~e.o.~~..m.~~..FISQeiL NOTES No direct fiscal impacts j 3 9 i v r, 11 F t t 11 ~ d x k f • " t I i 1 1 I i r STOEL KIVE5 BQLEY iraa Tr-.+-~- /r'~q'. nr(. rXy r k JUIN ATTORNEYS AT LAW a. - SUITE 2300 STANDARD INSURANCE CENTER ~f'-lVFr o; AWNS 9: v°a is eiTn nv ciVUE PORTLAND, OREGON 99204.1268 9 TeIrphartr (503) 224.3380 L Telecapier(503)220-1480 L' 199's 9g° t.. Cable Lawpart e9 -3 Telex 703455 E ' i Writrr's Direct Dial Nw4er l (503).294-9194 j February 1, 1995 VIRILE Mr. Dick Bewersdorff Senior Planner City of Tigard Planning Department 13125 SW Hall Boulevard Tigard, OR 97223 i s Re: Gordcsn Martin Dear Dick: { As you know, the Council has held the record open in this matter through February 14. 3 had originally`planned to submit the findings to you in time for the Council to consider them an February 14. However, given the potential for new ` Issues and evidence to be placed into the record, it seems to make no sense to prepare findings at this time. If new issues ~ or evidence are placed into the record prior to February 14, and the. city Council again tentatively approves Mr. Martin's application, the findings will have to be changed.. I will submit findings when the City Council tentatively approves this s request. if . Mr. Martin plans to discuss only the landscaping condition at the City Council hearing on February 14. He does not. :intend to submit additional evidence into the record. If there are other issues you believe that the City Council wants :I to discuss on February 14, phase call me and let me know what they are so that we can be prepared to discuss them. We would welcome the chance to answer any questions that the City Council might have. ' Given the Council's concerns generally about the j Tigard Triangle, I suggest that you, Hill Fionaihasn,. Gordon Martin, Ed Christensen and I meet prior to February 14 to discuss this )natter. Please give nee a call to let me know if I rM-167693.2 24056 0001 I PORTLAND, SEATTLE, VANCOUVER, BOISE. SALT LAKE CITY. WASHINGTON, OREGON WASHINGTON WASHINGTON IDAHO UTAH DISTRICT OF COLUMBIA I STUEL fit V ES l3C1LEY JONES&CREY - Bair. Dick Bewersdorff February 1, 1995 page 2 you would like to discuss this matter and when you would like it to be scheduled. Thanks for your help on this matter. 'V'ery truly yours, r Michael C. Robinson ~ 4 ggCFt:cfz F -cc: dir. Gordon Martin Fir. Ed Christensen Mr. William A. Monahan L Mr. Timothy V. Ramis r i i r j ~ j i l i _ F FDX1-167693.1 240!6 0001 i! F j Additional Information Council Meeting of 2/14/95 Martin/Tai-County Center Agenda Item No. 7 3 k E,. i J ~ t i `i i I 1 i t j i ~ P I i I ~ S t PLANNING DEVELOPMENT SERVICES a SURVEYING r' January 25, 1995 r JO: 324-003 art r l - L ltlLii - El 131-1l1 1 SV<I 11 - . VIIA iAl1 City of Tigard Administrator LJAN 2 7 1995 13125 SW Hall Blvd. - Tigard, OR 97223 ---------------.__._.._mm,~ RE: SDR 94-019 Tri-County Center Actual Landscape Percentages E: 1 Dear Bill: 3 a, i j A reference regarding the percentage of landscaping was made during the City Council hearing on January 17, 1995. As addressed at the City Council hearing, I stated that there is 26% i landscaping element on the Tri-County Center site. Unfortunately, I was mistaken. The error occurred during the heat of the discussion regarding incorporated design elements of the site. y I read the landscape percentage directly from the staff summary of the project which was referencing a tabulation of the landscape percentages from an earlier rendering of the site. Our original submittal documents contained 301,000 SF of development with a 165,000 SF box, a y, d' 1,648 parking spaces, and approximately 25% landscaping. Over time, the project was refined M due to coordination with staff, state and local agencies, and economic constraints. Currently, F' the site contains 360,620 SF of floor area, only 1,495 parking spaces, and 16.5% landscaping. I am sorry for perpetuating this error. It was not intentional and I ask for remission. Pursuant to the current codes, the project still exceeds the 15% landscape requirement. We also agreed to the 35 % tree canopy coverage of the parking areas and to the use of a certain number of three inch caliper trees. f Should you have any questions or require any additional information, please feel free to call me at (503) 452-8003. ,J Sincerely, ALPHA ENGINEERING, INC. Ed Christensen, P.E. Project Manager cc: Dick Bewersdorf Gordon S. Martin Gordon R. Martin Mike Robinson 324003Undscp.ec PLAZA WESTA SUITE 230 A 9600 SW OAK= PORTLAND, OR 97223 503-452-8003 FAX 503-452-8043 Rif January 28, 1395 i } Mayor/City Counselors Tigard, Oregon =y t Re: Tri County Center (Martin development) r" ' We have no problem with the Martin project. However, there are two items we would like the council to take a look at: 1 Privacy/barrier wall--this is necessary and we are asking for a type of concrete. j Swail--this will be added to the land directly in back of lot 23 which is adjacent to ours in Hermosa Park. Since there is no water there now, we do not understand why a 261 swail be in place from runoff water. i Alft, I am attaching a project map for your convenience in locating the above. _l - We thankyou for your consideration. 1 F Sohn D . ens ~ Marjorie A. Jo4ns 7545 S.W. Hermosa Way Tigard, Or 639-4775 Lot 21 Hermosa Park d copy: Jerry and Shari,Johnson--lot 23 Hermosa Park 6 1 { i a E W + 1 TIPTTFT ® E ' s.sm.ao vww.m 8 t I 4 ma~aw.~~oa+a ~w.w.m ~ HEM 8 owl K . e-mmrr y LAW A rnJ B /e to c ~ -p 1 I hq O*ff gas i 1 Ofl I ! s j ~ !lIJJJ ! A e ~ ° 8 ~ f 99 o e ~ l i l Vol, 9. ; ova t q h 1 { I q l q J -_f. 04 ~ r Ls?-e1 i {y , J r r L o T i' T'•4'E'~A!_~_ i i Ile i i I 3 ~ r 1 Re Fle f ! e r ~ ' _ --~O~T---Lf%~l-.f___C__Yc_~-~a~~".v_.r~Eic~~'~"~:_ 70~'sS.,.c.c,~~~~.u__ s r- ~..~...._._..-.__~..:__._,.~_~-.c--~.!±.._~ w_!/w; _L_ coaA% _Soc f r~~_ c~J_f~~ 1 9 I I _:_i ABR Incorporated ,r n 12265 S.W. 72nd Avenue s Tigard, Oregon 97223-8604 (503) 620-2477 January 10, 1995 Hermosa Way Residents (North Side Only) Tigard, Oregon Dear Residents, 1 On December 28, 1994 the City of Tigard Planning Commission decision approving the construction of Tri-County Center was finalized. That approval was accompanied by one ' condition in particular that was not to our recollection, representative of what the residents wanted concerning screening on the south property line of Tri-County Center. That condition states: Buffering between the project and adjacent residential uses to south shall include j an eight foot high, solid wall which meets the specifications noted in the. applicants noise study and supplemental letter dated October 11, 1994 submitted i by VGO, Inc. The acoustical study prepared by -VGO inc. concluded that the back ground noise irviai Highway 217 and Dartmouth Street will far exceed the noise generated from the [ development. Furthermore, the noise that was generated from the development was below State Department of Environmental Quality Standards wid noise impediment r devices will not reduce noise impacts. Some how the City Staff or Planning Commission misconstrued the VGO report and i condition Tri-County Center to build a eight foot sound wail on the entire south property line of the development instead of just south of the large box structure where it fronts residents. During the meetings with the Hermosa Park residents it was our understanding that a six foot high cyclone fence with green slats was most preferable. We need to know what you levant so the conditions of approval can be changed, if necessary, to reflect the desires of the neighborhood. Please indicate on the enclosed questionnaire your preference and return it in the self addressed stamped envelope by January 12, 1995. Thank you for your i time concerning this issue. Sincerely, Gordon S. Martin MEMORANDUM is CITE' OF TIGARD, OREGON TO: Honorable Mayor and City Council ~ k FROM: Cathy Wheatley, City Recorder C la, DATE: February 7, 1995 j SUBJECT: Partial Transcript o Martin/Tri-County Hearing (January 17, 1995) Attached is a partial transcript for the hearing noted above which is being provided for your information. The transcription begins during the questioning of the applicants by Council during the F rebuttal phase. Council consideration commences on Page 14. cwc02O7.94 i 7 i a i ~ i i 1 ~ f 1 t y k 1 i ~ Partial Transcript, Public Hearing of 1/17/95 Martin/Tri County Center (See pg. 14 hearing - c l o s e d; C o u n c i l consideration begins.) Christensen: a ^c ° AQtaias ; this is e: Y.a.,.ai z,,., pla,z, a;zd thas plan is somewhat different than this plan over here. we're not proposing anything that's going to vary significantly from this plan ...this is a restaurant over here and you can see on this plan... it would be more less one of these type structures than this type structure over here. We don't want to be held to this particular drawing per se. j Hawley: Mr. Christensen, would you like time to come back with some new drawings? Christensen: No, No, No. What I'm just saying-this is showing a k restaurant here at the corner. Hawley : I understand the difficulty, that's why I brought it up. You know, we have a 1a.^dvr-,,c P" an -3 .L. .e: paaaa rasa.- %AQ asr' match the current site design. We've got a conceptual drawing here of an elevation that doesn't match the plan you're submitting now. I'm having -trouble f with this and my vulnerability is that people are going to take me to task when I don't hold yoga. to what you're showing aye. I just have to have that resolved somehow. I'm sorry, it's just the way it is. Ramis : i The only point I was trying to make is that we don't have a provision for a concept plan. Hawley: I understand. Ramis : s It's either the plan or it's not the plan. i Hawley: Ck, so with that clarification then, maybe the applicant needs some time revise what he's got there. P,- Nicola i c P j Wendi, did you have any more questions? F Fawley: Yeah, I do, hold for a second. This is a couple of questions of staff, just for my own understanding of the conditions of approval that the Planning k - Commission came up with. No. 22 where it says that existing underground utilities shall be removed during site work operations does that mean that they can't use any existing serer lines in there or existing undergrounded I don't know if it's undergrounded there or something... Roberts : Presently there's five existing homes on the site. The intent with this condition is that existing underground utilities for those homes be removed and all new underground utilities be provided to the proposed site improvements. _a Hawley: And, why would this be a condition of approval. I mean doesn't that seem logical that they'd have to that if.... Roberts : A lot of these conditions are reminders; they're required anyway.. j Hawley: i Ak. What does Item No. 24, the applicant shall provide as a F minimum a 25-foot buffer which meets the requirements of 6.08.3, of USA Resolution, etc. What sloes that refer to? Roberts: G Providing a 25-foot buffer to wetlands areas to i g preserve off- site. The application reserves about 1/2 acre of the 2 acres that are off site ...the area up towards Dartmouth and 72nd... Hawley: Just for clarification on my part again. Along the applicant's south property line there will be a main sewer line installed there that is intended to serve those properties to the partial transcript - Rebuttal/Council Consideration of the Martin/Tri-County proposal from, the January 17, 1995 Council j Meeting - Page 2 i E south ...Harz-ooo Way; the south property line of the applicant. F That Bauch I'm clear of. What I *m not clear on is 'ais=. CS is--Qnsen t 99' stated, that...Mayor Nicoli said ...at no cost. ` 1 Hicolir They were going install the main line that mould provide a t to each house; i s v ty; k out of t-h_e- main lime, When somebody ~ is e:~usS.ruEiM 'i builds to hoof into the sewer system in this town, they pay very E serious connection charges, ok. Mr. Martin is not agreeing to pay those connection charges. He's agreeing to bring the sewer to 6- their property: it's their decision to hook on and pay the City the fees that are normally paid to the City ...that's gay - understanding... ' Hawley: Thank you for that clarification, I Misunderstood. The next i question then logically is, will there be a reimbursement district applied for on this or are we agreeing to a nonremonstrance on reimbursement of some sort? i Nicoli; j No, well, if he's paid for it he's agreeing to pay for it, he's not asking to be reimbursed. He's doing it for free. a Hawley: h 7.,.ia an ar~r,7 t ,na$ iSY1 $r9g a Y'e2~19]AY°S e1B7f?T1_t Vk, 6Ybiat w6.76,AJl.uprec-lud... -r~c- district later? 1 h Ramisl Well, anyone can apply, but it's completely discretionary with the Council and the Council Hawley: i So, we would just the remember and the know? How would this, I mean-the applicant would have that option and then everyone who hooks up to it would have pay for the main line. I don't grant to j put the citizens who believe they are getti..g eiiis main -line in, in a position that they would have to pay for it later, just because somebody forgets or something. Partial transcript - Rebuttal/Council Consideration of the Martin/Tri-County Proposal from the January 17, 1995 Council Reeting g Page 3 r i 1 Ramis -probably an issue you could volunteer and' memorialize in some language that you submit...I think that could be dealt with in F terms of the rationale presented in the findings. ,a (Discussion...rebuttal phase someone wanted to ask a question) ~ r I Lavelle Allen: His property actually faces Neveland, but it also faces the t south line, property line of Martin property, and we*re wondering f` - whether that sewer line will go down and cover his property that E would be behind pad A. _ k Nicoli: Ed, could you answer that? Are there septic fields behind Pad A that also are going to be destroyed in the construction? `e Christensen: ' This is Exhibit 5 and this a topography of the area. What you have here is an elevation about 192 here this house and then 174 down here at this point. I do not believe that the septic fields _.i mould be over on to this property; they would ).se on the downhill 1 side... Nicoli: ; Ok, so the issue does not exist over there..,. f Christensen: i I donOt believe so. Nicoli: l i Ok, very good. Hawley : Does that answer your question? I guess my last question has to do with pedestrian access for the Hermoso Park Housing Development. It has been a sort of continuing theme in the planning improvements that we've made in the part to provide pedestrian access to neighborhoods next to { F Partial transcript - -Rebuttal/Council Consideration of the in/Tri-County Proposal from the January 17, 1995 Council Meting - Page 4 C shopping and I heard one person from neighborhood say that they didn't want access, but frankly, we°re sort of hearing this s 1 position-there's this one person, but hoer may others, 355 homes'in that development, who may want to send their kids over, to the r Walnut or Albertson's to pick up, I don't know a stick of butter, E , container of milk, loaf of bread. And, I'm a little concerned that it's been our policy up to this point, and I don't want ...to let that go. Because I believe part of the livability... you'll have ~ . got in your car, drive around the corner, up on 72nd and then drive down ...to get over to Walnut, which is like 20 feet out your back i.. i door. You know, I'm sensitive to that issue and I want to know I know you've addressed it already. Do you see a place there that perhaps through Lot s up at the corner there could be an easement or something to indicate I don't know I want to wake it safe. F Christensen: We show :right here ...a 6-foot pedestrian easement for future pedestrian, sidewalk required by Hermoso park homeowners. So, what we could do is send out a letter.. i Hawley 1A How does that connect to the homeowners again? r Christensen: r If the homeowners request that how do you do it on a simple basis if 51% of the homeowners within the subdivision want a pedestrian access there, we'll provide it. So say 17 r residents with the Hermoso Park say they want a pedestrian access there, we put it in. We're showing that we would put it in. Rohlf: F j But the flip side of that ...they're trying to make that a security wall-retail area ...likely to attract more than a few shoplifters...a quick exit out of that area ...and go through the neighborhoods. k Nicoli: That's what my concern is also. It's a double-sided issue and j there's no good response to it, but if you leave a walkway there, unfortunately, criminal activity will occur out that exit and to make it hard for the police to really be aggressive... Partial transcript - F.ebuttal/co=cil Consideration of the i.n/Tri.-Co ty Proposal from the January 17, 1995 Council Meeting ° Pane 5 Hawley: ~ I m sensitive to those concerns, but I just hate, again, E penalizing the people living there every single day for the sake of f those who screw up. Nicoli: a I agree, it sounds to me, with the petition we got, that the majority of people would not want ...that's the feeling I got... i' Hawley: R Does address the pedestrian access? Nicola.: NO.. e; Hawley: cr.' ':-s I thought it was addressing sound and sight issues. Nicoli: 1 Sound and sight, I think ...well, I guess Bill Erdle did say he wanted to protect the neighborhood and that petition that was handed to us...thev did specifically say sight and sound baa.rrier; although, Mr. Erdle did say he wanted to protect the neighborhood.... Hawley: t Ok...sure..we can let that go for Council deliberations, I have no more questions. Nicoli: Any other questions. Ok, let me ask the question we have two options, or at least two, I'm sure we have more... Christenson: ...is this an acceptable elevation? If do a site plan if we do a development plan that is conforming to this kind of a project, is that acceptable? r i 1 k j partial transcript - rebuttal/Council Consideration of the Martin/Tri-County Proposal from the January 17, 1995 Council Meeting - Page 6 i a e - Hawley: Conceptually speaking, sure, but the vulnerability lies in tile fact that I'm not exactly certain that what ...you have a plan over ~ there that shows-of buildings doesn't necessarily match this conceptual plan and as City Attorney Ramis told us, we don't have anything in our code for a conceptual plan. So, I need to know what you intend to do there. And, I would like to see some actual drawings of ghat you intend to do there. I recognize that it's not required that you give... elevations at this point on every building that's going to be there, but we just have to know what's going to be there and I want to be able to hold you guys to it. Christensen: r , ok, is it possible to do that through staff review and use ! this as a guideline? i Hawley: I suppose that would be a question for staff, I don't known. Ramis: The-question for the Council is whether or not this drawing qualifies as the required elevation drawings for the site review. The code says an elevation for each building ...you know, it's i ' c'i ose _ . and if you accept this drawing as meeting that standard, then the submission requirement is met. The consequence of that is that this drawing then becomes the required architectural plan and change in it would then come through a process of amendment. You'd a apply to amend the plan and copse back for a hearing on amendments to it. Our code could be less cumbersome, but that's the arrangement that we have. Lunt: ..one part of this wouldn't be in there. Before we even get started didn't you say that this restaurant or whatever was 1 you're showing in here would not be...so it looks to me like you're 4 giving us a plan to approve that you're saying isn't correct right now, that you're going to change it immediately after we approve it or before. Y I Partial transcript ° Rebuttal./Council Consideration of the flartin/Tri-County Proposal from the January 17, 1995 Council Meeting - Page 7 F t. i Christensen: Conceptually, the plan that is before is what we intend to do. Yes, the site plan and specific users on the site have not been determined at this time and we will not be until we lease out the project. So, we will be coming back in with specific elevation on ,'F^V- q-AA h and ever one of the fl~tni5tlitigE$ in this plan, said they will be in conformance with the concept placed before you here. This was no small feat in creating these buildings as shown here. As you can see, the majority of the buildings here, the greatest mass is developed here in these lines. This big box user is this same box user there, and these lines tie back down to it. ~ j So, we have a tower feature here, come down here. We have a tower 1 feature in the middle of this plan ...maybe this shifts a little ~ bit. Hawley: i So, that you're grey tower with two little flags on each side of it is actually intended to indicate the front the of the big pad A building? k Christensen: 1 ~ Correct... j Hawley: F , Christensen: L and, this right here, if you come up to this point here aligns back with this corner over here. Hawley: So, you haven't indicated anywhere, the box part of the ; j building, just the front facade in the actual drawing the conceptual drawing. Christensen: _ Yes. And we would be coming back with full elevations all the way around. I Partial transcript - Rebuttal/Council Consideration of the Martin/Tri-County Proposal from the January 17, 1995 Council Meeting - Page 8 j i 6 Hawley : I see there's some talking around-let's wait just a second and hear what people have to say. Nicol.i: 1 , Let sue converse with Council 'for a minute. At uais point -via € can close the public hearing and make a decision, it that's our desire. Another oration would be to leave the record opera and come. back to us and address the issues that we have brought up tonight E and receive that information back ...record in two- three-weeks _ whatover, down the road to clarify or address the concerns that -the Council had. I need some direction how you would like to go so I can appropriately close the public hearing or leave the record 3 open, and then if we leave the record open, we can maybe tell the F. applicant the issues we like hire to address when he brings it back E` to us. I'll close the public and disapprove it, but I need some direction and then we can converse the applicant... what our desire is...is that appropriate:? ~ Monahan: t You're still in the rebuttal phase. You may want to close the rebuttal and get into discussion on just what you've suggested, and then at that point, decide to close the public hearing and give F direction to the applicant. ATicoli : If there's no further comments, then 1 will close the rebuttal phase and-Council questions... which I believe... i.. I won't close the public hearing then, because I want you four to tell where you mould like to keep the record open so more information could be submitted to us have the applicant come back to us. i Hawley : What I see is a bunch of discussion going on over here and over here I need to sear more from what their saying before I can make a decision. i Partial transcript - Rebuttal/Council consideration of the in/Tri.-County Proposal from the January 17, 1995 Council Meeting - Page 9 f i I i :i 3 Robinson: ?dike Robinson, again, the record. Way I suggest...would it be possible for us to take a five-minute break ...the council take a five-minute recess... discuss with the City Attorney and the Senior Planner to see if it's possible ...all of your concerns-resolved regarding the elevations. Maybe in five minutes we could come up with something--- Nicoli: Five minute break... -j Nicoli: 1 I want to talk to the Council people for a minute. The applicant-some time constraints and some financing constraints. 4 He's also facing the possibility of appeals, the same even if we were going to give him a decision... appeals tying him up for months to come. It appeared to me that there were two general concerns: we had some site specific concerns: the height of the screening fences, the sewer issue they had a request that they reword some - items, that there were some specific items that they had. And, the other issue is the concept plan that they have presented to us. if what I understand... from the comments, the Council would like some _ assurances that when that project is built, it is very similar to what we are looking at in architecture and color and that we're assured that that's what we get. Is that generally can wesplit those into two separate issues, is that generally fair? ierybody's understand n , Scheckla: $ E one thing, Mr. Mayor, we've talked about delays, and appeals and that I don't think that we're the ones that are delaying... from several years luck, I think the applicant has delayed this property for development from years back, and I just want that known. { Nicoli: 1 i Ok, very good. Now, with that in mind, I would ...to the applicant. We have split the issues into two areas here; the site specific issues and the concept plan and appearance of the buildings. Mould you like to propose any alternates on how we could proceed with that to address both of those sets of general areas. Partial transcript - Rebuttal/Council Consideration of the Hartin/Tri-County Proposal from the January 17, 1995 Council Meeting - Page 10 i r k. F i 6* Robinson: Mr. Mayor, did you close the public 'hearing before you recessed? F- Nicoli: No... Ramis: still in the question period. Robinson: 3 Also, it may be appropriate...we had some discussions while we were in recess, could be put those on the record? f Nicoli: Absolutely. As I remember those discussions we were talking about different options that the applicant may have to satisfy tnc ' Council's concerns. And we talked about different procedures, I think, and you had some sketches there on different options that Mr. Martin had., and I looked at those and we talked about time constraints that this project had and the amount of time and the amount of work you still have left to do on this to make this project a reality. Robinson: .And, I guess I would ask if there is any one in the room that would want to rebut the substance of those comments.. Nicoli: F That's a fair question, would anyone in the audience like to rebut ...I don't know why..., E Monahan: i Well, they're ex paste comments... i Nicoli: Ok, I agree that they were exparte, but they were more to the procedure of the hearing than discussing any site specific conditions Partial transcript - Rebuttal/Council Consideration of the i in/gZri-County Proposal from the January 13, 19955 Council ! Meeting - Page 11. 3 E scheckla: The people who would all rebut have all left by now. 'T'here ~ are people that talked earlier... I want it noted that. they are not here now. Robinson: Tyr. Mayor, in response to your questions, Ed Christensen is with tie. Perhaps we can both answer these in terms of the issues regarding site development review requirement that elevations of buildings be shown. What we've discussed with the Senior Planner and the city Attorney is this option. We would likes to receive tentative approval, if the council desires of this request tonight so that we can brine findings back to you for your final approval. we recogni,.a your concerns about whether we've met the submittal E requirement for the site development review application. What we would suggest is as a condition of approval that you require us to bring the detailed development plan which is required for the third stage of the planned development application. In other words, your k code has three stages of planned development. We're in the second, conceptual part. We would offer, as a condition of approval, to bring the detailed plan back to the Council rather than simply for staff review so you can see detailed elevations at that point. We would also offer, as part of that condition of approval that we bring minor modification request back to the City Council for the site development review' application... this concept in front of you E that would service as the elevation requirement for site development review now so we would` be amending that approval later f ax.t. n.~.s'.. all a ZU gca.t...a sf<.-8- r+.• would have are Lam] aa{.4MLxlcs xaeurse~ ®pPoM tunity...the simple answer is, instead of taking; these bac}: through staff with an opportunity for Council calling up, or can be appealed to Council, we're offering as a Condition of Approval to bring both the final development plan required for planned development and a minor :codification of the site development... application back to Council for your review so you can sae the final elevations when the ' applicant knows precisely ---jhat they're going to look like. if you want to see more than this kind of concept of plan ...that's what we think a good way to do it. And it ensures` that Council' gets to review those final elevations for and, building any building permits are issued. Sch.eckla: I would like to ask a question of our City Attorney. F i Hicolis Co aheadl pE ial transcript - T?ebuttal/Colmcil Consideretion of the m -the January 17, 199E Council artin i-C sunS:y Proposal fro 1 stiiag Pages 12 j f' i i Schockla 3 if via above this to happen are we setting a precedent with i other people that will develop in the future, bringing their plan. up before us. .away from the planning people we have working at city hall ...come direct to us. Are we deviating? And if we are, or if we're not, tell me how we're different. Ramis I think under the proposal, the staff would still review the submission and give you their point of view on it. It's just that process, the hearing process would combine a staff recommendation to you and give you an opportunity to review it in one stop rather than going through all of the procedural steps that we have. a Scheckla: I realize ...I guess-are we, again, setting a precedent for somebody else in the future,.. the same way. Ramis: Certainly, someone else could make the same request and you could agree or not agree to allow it. Nicol.i: Ken, keep in mind that we're the ones that called this up. I mean the Council said that we want to review this. We've already set the precedent. The other thing is, this is probably the second lamest, development to ever hit this 'City. I think, I doubt we're ever going to get anything this large in a lot of years to con-e. Sp, it tae do sot precedent, it'll be a long time before we e~,,,er see-like this again. Scheckla : old, 1 just writ to be clear on that... 'licol i : Council co~~ent, Hawley; tie we still Under Council questions... leave the public hearing open. Partial t~ xc~i~t - Rebuttal/council Consideration of tha ~a~r n ri°C~a° R ropes l a.r_s .aE~~a 17, 1995 C®u oil. " atiig - fag l 0<v~ i F;. i f_ C We can close the public hearing and keep the record - -.1 omen ...riaht? Monahan: 1 You can close the public hearing so you can talk about what the Council's direction is going to be in terms of the decision. You can always reopen the public hearing if you have other questions after that. Micolis 9 ok, that's fine. Uh, thank you. At this time I'll close the public hearing and... Hawley: Mr. Mayor, I'd like City Attorney Ramis to give his assessment of what the options are procedurally. ;d Ramis: Well, Councilman, we've got under- our Code, a number of l~'"er31t ?Dt2C?Y15 that are 3`Ptfiir~a-i l.S isua.a+'R-ai .y . can i i vc u approve the project. You can approve it in a modified way. You Qan depy it or yop can remand it to the planning commission. Can the record that. we're got, I think 'it's probably ;justified any j o those steps would be justified,; based upon your exercise of discretion, given -the' record that we have. The threshold question, it seems" to na, is whether to accept the amended application for consideration. You're operating under a code provision that says; that you are to decide this case based upon the record that was established below. But, you're empowered in your discretion to acceptadditional evidence. The applicant, has in'essence .said, I have some additional to present to you, because I would like to seek an approval with a modification. Arid, I'm modifying my approval and you've 'seen the drawings. So, the zequest being' made by the applicant is essentially approval; with modification, ' which is one of your options. In order to do .that, I've suggested that you rely upon this drawing as meeting the submission requirement for architectural elevations, and I think you should specifically address this drawing in some way, either by the Condition that was suggested by the applicant: or in some way tie your decision to this Partial transcript _ Rebuttal/Council Consideration of the U n,¢Tri--County Proposal from the Janua li Coinl"ClI 11 ~sasting ry- Page 14 i d drawing. If you were to take the option of simply approving without modification, then you would adopt the planning Commission order as it was presented to you. If you want to adopt with F;. modification, then you need to specify for us what those r. modifications are and we can have the staff and applicant prepare [ some alternatives If the decision is to deny, then you need to give us you.:° reasons for denial, relating to the code and issues Eat were d inn Eased ' s ~s "le vcxst3 and taaa~c might relate to the i smbmission recquiraments, it might relate to whather the tree s preservation meats the standard of preserving and enhancing natural beauties of the land or the wetland issues that were raised. I want to be careful that I'm not advocating any one of these options, but just sort of outlining that they are all available to you. It seems to me that the other option is to remand this for further consideration of some of the issues. The constraint there is timing. We have a I20--day decision clock. As I understand it, ~ wee"re somewhere around 85 days into it, so a remand, it seems to me would run the risk of taking you past the 120-limit unless you E receive from the applicant an agreement for additional time. E; !Ill close there:; I think that sort of covers... E- Nicoli one of the options you gave us was to approve the original application without amendments, but allow us to put modifications to it. So, for instance, we could approve what they submitted to us and a modification would be that they resubmit, no, not resubmit_ that they submit their final' elevations, landscaping plans for city Council a p" oval. x' ha t ~ one of the options... Raap,,is That's right... Nicole: 1 was a little more specific than you pa'Mis Yeah ,•aic~u3.a a 02C Pa?rUal transcript - Rabuttal/colAnciq Consider at.ion of th d:a F: sL n/11°?.°..-6C.o'un1ty Pro msa-l '9'za he +~a7uar ' 3..7, 1995 C::o~viuil Heating - page 15 i a 1 Hawley : ...Council apr Kicoli : The final el landscaping. Technically, addressing the sewm and I don't know..d Hawley: Well there are deliberations we'll Nicoli : 7 Ok Hawley: I've got my pa t can discuss. i Another techn: the applicant. than ~ approval at the nex Rama i s : Right. What: line. We'd ask fog of the decision and i and direct the staf final order. r~ val of :tions, architectural elevations and the f- a motion like that was made, we're not line issue, the height of the screen walls, rou think there were other issues... and I'm assuming that when we do our Council stually bring those out. r t, r t all :narked up with thinks .°a want to see..we f I question. If we approve that motion, would L a back to as with findings for our review and G+e:.ating. l would dos it seems to one, if we took twat motion that would specify the nod.ifications l st them. Make' the decision a tentative one :.nd the applicant to cores back to you with a 01" { i v-rtlai ti7anscript Rebuttal/Council Consid_ration of the 1-17ar-ti /T i-County Proposal strum the Jsanua.._l 3, 1995 $.°oiTiL't k liesting Paige: 16 I i. f i Ramisa And, then we would then work with the applicant to get a submission for your .onsidQra•t;ion. N coii Ok, very good. Ok. It's your rmove i Hawley: 1 Well, with Council deliberation, we usually start at one end or the other and say what we'd like to see happen. I Nicoll: Well., let's start in the middle, Far. Rohlf, go for it. It's ten minutes to twelve... Hawley How much time do we get, Mr. Mayor. Nicoli: ~ ..v..` .d J..... ....A ftar ius.aaa i.`Oy.a v. . R1:~ i We"rt-2t taking our chances, this deliberation might go on past midnight. i guess I'm sorry tc sec' any development go in there that takes away from the 'natural beauty of that particular area. But if we have to have something go in, I want it to be as attractive and as enhancing; as a commercial development can be. My impression when I drive up `99 now, is that `we'reliving on the edge of a strip; mall and Cub Foods and Costco did nothing to change that opinion. In fact, it's the opposite. I was very distressed to see this go I in right across from them. And, for that reason, I guess I want to know that what's; going in here will truly be an upscale type of a shopping mall and that we're going to have some guarantees that landscaping will be as presented and that the quality of building will he something that doesn't add to the blight over in the triangle area. I'm a little concerned that obviously, we've j already walked away from any dope of dealing with the Triangle Plan Partial tras- -script - Rebuttal/Council Consideration vz- the -H=t-in/Tr-Z--County '11-1roposal froz.,~ ja3'ua:7jr '7, 995 Council. F T r .nod Page 17 j 7 r.----.....,~a,..~,- - 7777r=777 as proposed in that one area, and we haven't made our decisions there yet. so, we sort committing... at least in this piece, by doing that. Rey main concern is that what has to go in there is something that something that enhances the area. Nicoai z Councilor Hawley. Hawley l My comments are probably going to be more along the technical lines, having to do with conditions. You've heard my concerns regarding assurances for an enhancement of that area as opposed to... You've also hoard any concerns that I believe will be addressed in the motion you mentioned, come to regarding the elevations and that kind of legally connected concept to reality type of activity I'm hoping that will come out in the ordinance in some gray. rs :1 am remembering Councilor Hunt's concerns with the Albertson's that was approved at Scholls and walnut. On Page 22, section 25 B., talking about sidewalks and walkways of 8 feet. I would like to add an addenda: with no outside storage of j merchandisa, so -there is room for people to walk on those at all times. ..maybe minimize storage to 4 feet or something like, I would just like to open that discussion with council... _ ..i vr~ .~CSa`1ZL Can I aslc a question there, it was greuented to us that tbey're hoping to have like outside dining. so, do you need additional -walkspac e beyond e-ihat" be used around those tables, so that 3:zeople might walk into the street. Hawley : CSC, however we can word that, i just want , to snake sure in rent of the Walnart, or whatever that it's, not all Christmas trees so that there's no sidewalk for people to walk. on. That `,s any concern, put some verbiage in there tape ended/turn over tape Hunt : sioewalL... that N s the thing I wanted to be sure we said in here, that it was a sidewalk. Pa-rti_a-l ~Y: E zc.ript R cb ttalBou nci, Consi~y~ration of the ~ ix~~ rk i' CoaD ~ Proposal. from -thy ZTEulua 17, 1995 Council s ak, does that mnaan then, according to restricted from storing merchandise? r_, ~ 's$iilai Correct. Hawley; i NO. talking feet of canopy. That was...that was what I gathered from Pat... C; v'.At least half of the required spaces shall be, (we're about bicycle parking spaces) shall be located within 50 building entrances. It says preferably under building F would strike "preferably." k< Then I guess "I" at the bottom of the page. "In order to help compensate for the visual impact of the grading and tree removal, the Director •mav' place a 3-inch minimum size requirement..." I want change that word to 'shall.' ..Page 19, No. 7.... traffic signal at Dartmouth and. 72nd Avenue ...my concern is the proviso, it says: or, provide for a a signal installation work to be assumed by an LID. I guess we better question the process of delivering on this one. This ...later on an LID be formed, one that we would approve? and this would be applied for by somebody who doesn't want to pay for tine t`llhole traffic signal there. An correct in undez-standing this condition allows for someone other than the development under con -iderat:+_an to participate in payment for that traffic signal? That's what an LID does, right? i think the idea is that thane might be an LID formed for other work on Dartnouth and the signal might be part of that. But., 'to ansver your first question, to satisfy our requirement I thins the LID has to be formed before' they got their building permit or else tht=fir would have had to go the ` other route to provide that assurance through a bonding mechanism that they... Tdat-aley So, what you're saying is that, tinder any conditions, there will be a :sight at 72nd and Dartmouth? i t t_anscript - uttal-fcounci_l consideration of the the January 7 0 1935 Council i=tibn/Iri-county Proposal from i j Wooleye Right. W.'! Hawrley 7 Ok, I can let that one go then. I am concerned about putting something in writing in terms of a condition of approval that has to do to require the sewer access and stubs for the Hermoso Way residents. And, I would also like to require somewhere in here, we need to put down that there's to be 26% landscaping. I wasn't able in reading these to perceive that from these conditions. It's been promised by the applicant, it's not written in this condition of approval, so I'd just like to see it in there. And, however we want to work on this sight and sound barrier 3 deal, I'm in favor of strengthening that in the conditions of approval, so we're all clear on what we're getting. And then, I guess basically my concerns are verb similar to Councilor RohlfIs in that I just believe that we have to start setting the standards on a commercial development. obviously, at i this point we don't have design standards in place that would require people to build to certain design standards in commercial c zoning, but I do believe that that's the way this Council wants to ~f we can. at this point, strengthen our policy or go and so strengthen or precedent toward heading that way, I'd like to do it on this condition ' of approval. So, that' kind ...I'm very much in favor of doing whatever has to be done to get these drawing in, order. Scheckla: basically, my concerns were answered by bo it Bob and Wendi, :i but I also want to hit on the wetlands area trees preservation, if possible. If we can watch that for...I's`relying on Dick and your people that are going to monitor this. But, thing that hasn't been addressed and that is how are we going to put up sound barriers if there is a restaurant there and they have outdoor entertainment, loud music., and whatever, that is not doing to be mitigated. I t want to know if we can put something in there that cuts down on the noise pre exAration. Is that 'possible, Tim? 1 I want to b now if something is, going to be open all night like and during the su er time, a restaurant aright want to have outdoor music being played... if they're having activities... that might go Paxtial trCmszcri.--t Ra-3-b attal/Council Consideration of the e to ua f l i °Coaa;aty '-Or®posal from the jzaeuary 17, 3.995 Council i ~ 1; ---zti.nv v Page 20 E: on until the wee hours of the morning, and then the neighbors are going to be upset about this. I want to know if we can put a.: condition in somewhere that can protect that from happening. Ramis: i 141911, you've got the authority certainly to address impacts, such as noise, and I don't have any specific idea ...maybe we could ~ work with the applicant. Bcheckla: • ..well, the thing is...they're not telling us who's coming in or what's coning in. We have to be fortune teller-and like F everybody else, I grant these concerns addressed up front before you put them in. I'm not saying you can't put anything in, I just want it said that we all play by the same rules. And that's a concern that has not even been brought up tonight, and I think they ought to address it somewhere. Obviously, if nobody feels the same way I do, then that's a moot point. But, I do feel if we're talking about livability and...the people that live in the area, I think we [ ;.j ought to have some protection. _ a3 Hawley: F May I interrupt for one second Councilor Hunt, there is one thing that I forgot mention and that is connected with the required sewer access for the Hermosa way residents, I'd like to condition thlat...Po reimbursement district possible. I'd like to preclude the opportunity for a reimbursement district on that particular sewer installation. Nicoli : Mr. Hunt, would like for me to go first? ,I Hunt: i Well, I can awake mine real quick and easy. Nicoli: j Ok, very good. lj Hunt: I don't have anything to add. I agree with what has been said. I particularly appreciate the fact that Councilor Hawley, having been on the Planning Commission, probably brought up a martial transcript Rebuttal/council Con8i.deration of the Nartin/Tri-County Proposal from the : January 17, 1995 Council Meeting - Page 21 j F i i ad issues.-an the thing. And, I would like the same siuaiwva. va. ..e. r y assurances as Bob, that it is something other than strips, something decent looking... Ni+coli a First of all, I guess the comment I would make, one of the first comments, is that I was impressed with the way the applicant designed this site. A site that falls SO feet from one side to the other is always a difficult site to deal with. I now understand j why more of those larger trees cannot be saved. I do not like to see trews that have 8-foot of fill around them, and in order when 1 you do that, you have to leave a big hole, because you can't gut dirt up against the tree, because they will eventually die in a couple of years. F So given that we're giving up trees, but we're getting a site that is ADA and meets the new state transportation rule, I start to ~ feel a balance there. You know, what we have to achieve and why those trees have to go. I'm not opposed to any of the conditions, Wendi, that you put J on. Whose are fair. Mr. Scheckla, my only comment with regard to the noise issue, there are current state laws that dictate noise adjacent to a residential area or any living area, and I think at a one point here a couple of years ago maybe it was four or five years ago, this Council, I say this council that council looked } at increasing those noise standards in excess of what stater law now recruires and a couple of times this evening, the applicant discussed some of those levels in his testimony and they wouldn't j have to add too much noise to throw them over the limit ...DEQ would ~ come down and write them a nice big fine. And, I'm not...having worked with those guidelines before, I'm not really in favor increasing, but what they have is very fair. So, I like the project. I don't have a problem accepting this concept plan if we require these to come back to us with the landscaping and the specific elevation, and least on the , I°m not interested in the elevation of the back of the store. I know I would get there. But, the front buildings and we can see what they're going to look like. I'm very comfortable with this with the conditions that we have come up with this evening.... Bunt Mr. Mayor, what we did before was to tell legal counsel to write the motion and we would read it then, and I think this is a ! good place for him to do that, because this one could be very ...make an awful lot: of difference. Partial transcript - Rebuttal/Council Consideration of the i rtin/Tri.-county Proposal from the January 17s 1995 Council Meeting - Page 22 i i f F_ Nicoli : were you taking note:... Ramis : 9 Well, 1 have someone from the planning bureau who has taken 'i" 9HlT ta Bari '~pe Vfi7' down everyone of thosuggestions. I guess o.. Cia,.s .are'a s ti ..._a... d_ - ? would be that the motion be to tentatively approve it subject to your review of conditions implementing Council comments. We will ~ bring back to a complete final order for you to look at and you can t mark up, change, delete, add to those conditions once you see them a in black and white. r Hunt : 1....a was going to say l so more... 1 Rchlf : i ~ Y was just going to ask a question when would those come` back to us? Next week, two weeks? r, Monahan: well, I think we're going to need some work from the applicant, they're going to help us out. Our next meeting is next week and then we don't meet again at a regular meeting until February 14. So it's either one week or four weeks. Hawley: I And how are we doing with our time ...120 days? t- i Monahan: t Although if we're going up against the four weeks, 3 suggest that we get a waiver of the 120-day clock just make sure ...in time. Ramis : That's a good idea. Nicoli : r Bo we request the applicant..? I Partial transcript - Rebuttal./Council Consideration of the in/1.121ri-Cournty Proposal from the January 17, 1995 Council Meeting - Page 23 3 t~ Ramis y Yeah, we set it for the 14th and ask if its necessary; if that takes us past this 120 days, we ask..to stipulate to waiving the clock. ~ az'vian ceus: We're aiming for the meeting of the 14th, is that correct? r Robinson: I think Mr. Martin would like to achieve this sooner than the 14th; that's a month away. i Monahan: 3 So, we could tentatively do it next week. We know we have the Tigard Triangle hearing coming up next week ...packed agenda if there's a lot of review to be done on this. Pewersdorff: it would be hard to get it out so that they could review it prior to the meeting... Monahan : r irVLd.GL`L• . s FJV V.L~ you c0.fiisA6dCi ~ ~~ecAGHb meatIng on the 31st, or i the 7th just to review there findings. l Hunt We'd talked about having one anyway depending on how busy the schedule was... ` Nicoli : 6. I'm not opposed to a quick :meeting on the 31st just to review that. Scheckla: i If we add a meeting, could we delete the 14th- , Monahan: February 14? No we have a heavy agenda coming up... Partial transcript - Rebuttal/Council Consideration of the Nartin/Tri-County proposal from the January 17, 1995 Council Meeting ° Page 24 J is Hawley: t So which is it... the 31st or.... Monahan : i` The 31st gives us sufficient time to work with the applicant. f :'hasacs... have the revised findings y cau se v you seg. a dead.~sdaG that we .a worked out between staff and applicant by next Tuesday at 5, so we I. ` could give you a full week to look at it. Nicoli: Mr Hunt has made a motion, do I hear a second.? I. Hawley; r Could I have a reading of the motion please? Is it just the _f one where enter the council comments as conditions, is that? 1 23icoli : It's what Mr. Ramis so eloquently read to us. Monahan: What I heard him say was a motion to tentatively approve the application subject to review of conditions addressing Council 'i comments to be provided by the applicant and staff, -i Hawley: I'll second that motion. Nicoli: a Now there was, the City Administrator requested that we add a line to that to ask them to have their comments to us by a particular date, Monahan: By 5 p.m. on Tuesday, January 24. Actually, what we grant a- it's riot their comments by then, but the comments come in and reviewed by staff and put in a package to be reviewed by Council. ` j So, in a final form, a final reviewable form. f f f partial transcript - Rebuttal/'Council Consideration of the I Nartin/Tri-County Proposal from the January 17, 1995 Council. ~ Meeting - page 25 1 i i 1 ~ Hunt: F That doesn$t have to be in the motion does it? j- Nicoli: Does it"t T Ramie: z No, a think that everybody understands-the deadline. Nicoli : l ®k-Ok..further discussion? Hawley: j Call for the question. i Nicoli: I. Uh Monahan: p` p` So, all those in favor of the motion to tentatively approve the application subject to review of conditions addressing Council y- the appi-icant and staff. - comments to be prepared by Council: Aye I F Monahan: Those opposed. { P- I I S { i B t I Partial transcript - Rebuttal/council Consideration of the ,.Zn®'°r] °Cou71ty Proposal from the January 17 r 1995 Council arl Meeting Page 26 2 i ~ i E _ ti Council Agenda Item No. 7 February 21, 1995 is ~i MEmuRANLFLTX CITY OF TIGARD, OREGON r fTO: Honorable Mayor & City Council ,j FROM: Cathy Wheatley, City Recorder e'zt 3 DATE: February 15, 1995 SUBJECT: Martin, Tri-County Center Attached is additional written testimony with respect to the above referenced matter for consideration by Council on February 21, 1995. cwc0216.95 E j i I .y i r i ~f 1 f l ~ r k _ i i , j AJLITPIIA~ Er4C-v1 MEE N413w C. PLANNINGA DEVELOPMENT SERVICES A. SURVEYING ' i n Fri } February 9, 1995 i ± ^ r . i ; I FED 1 4 1 r uu UG~ _ Mr. Bill Monahan, Administrator City of Tigard 13125 SW Hall ]Blvd. Tigard, OR 93223 - ' RE: SDR 94-019 Tri-County Center response to Joens' letter Job No. 324-003 dated January 28, 1995 f i Dear Bill: Bill and Marjorie Joens submitted a letter to the Mayor/Councilors of the City of Tigard discussing their concern for the soundwall and water quality Swale adjacent to their parcel, Lot 21 and the contiguous F parcel Lot 211, of Hermosa Park. Presently, we are proposing to construct an 8 foot high soundwall along the southern portion of the Tri- County Center boundary. The bottom elevation of the soundwall will be placed at the same elevation as the adjacent parking lot grade so that the minimum elevation between the parking lot grade and the top of the soundwall will be 8 feet. Where the Hermosa Park lots are higher than the Tri-County Center parking lot, the bottom of the 8 foot soundwall will be placed at the top of the cut slope giving an even greater vertical differential between the parking lot and the top of the soundwall. In reference to the Swale adjacent to Hermosa Park, this is a required element of the Unified Sewerage Agency and the Environmental Protection Agency's "Clean Water Act" to provide stonn water quality treatment for developed parcels prior to the storm water entering jurisdictional waters such as Red Dock Creek. This treatment will be provided on the Tri-County Center site and will be fenced off from the } adjoining parcels. It will not affect Lots 21 or 23. The bio-filtration Swale itself will not be 26 feet wide as suggested in the Joens' letter. The hydrology will require the geometry of the swale to be 2 feet deep, 4 to 6 feet wide, with 3:1 side slopes for a 16 to 18 foot wide facility. The bio-filtration Swale will be maintained by the Tri-County Center development and should not be a concern to the neighbors. Should you have any questions or require further information, please feel free to call me at 452-8003. Sincerely, I ALPHA ENGINEERING, INC. Ed Christensen, P. Project Manager cc: Dick Bewersdorf Gordon S. Martin r Gordon R. Martin Mike Robinson i 32 XLnPPtgn£ST- SUITE 230. 9600 SW OAK` PORTLAND, OR 97223 ® 503-452-8003 ® FAX 503-452-8043 E a 01. 25:95 14:39 *8503 A 24$6 STOEL RIVES G~e~ef2~no s F ; • STOEL RIVES-BOLEY ,ONES & GREY F ' i .+rsvaacrgwscnr sUIT£ 23oo I. . STANDARD IN5URANC! CENTEL( 900 5W FIFTH rAVENUI _ PORTLAND. ORECOi4 VnO4-u" $ r-< YtPt,aow:~to22's- eo - - rctrcwg sr r5®3) na-Tito Teltd 10.3453 W nhr't 0i td Mai N"Mocr csas~ xss~~a~b January 2S, 1995; M`- William A. Monahan i City AdMinistrator a~ City of Tigard 13123 SW Ball Boulevard i Tigard, OR 97223 ~ tea Gordon ~IEat Bill.: r Thank you for the opportunity to review the r January 24, 1995 letter to the Tigard City Council fresco j& rry and Shari .7ohnson and a -,7anuary 10, 1995 letter from Gordon S. Martin to the Hermosa Way residents (north side only). I spoke with my client about this matter. Gordon emote the January 10 letter after the Planning Commission hearing, but before the City council hearing, in order to j" det a the Hermosa Way residents' wishes on the fence so that if a change In the'condition of approval was necessary, he could request it. Gordon told me on Tuesday that he had eight responses from the residents and all preferred a solid wall. i you recall, Gordon did not attempt to change the condition of approval at the City Council hearing on aanuary 17. Gordon also told me he has had no fu_r-ther contact with the residence regarding the fence. I appreciate the opportunity to answer this question for you. Because the record 'is closed an this matter, I an ' assuming that neither this letter, the Johnsons' letter nor i Mr. Maxtin's letter will, be placed before the council. If you have further questions regarding this or any other aspect of f i« f I 'I r ~ P$e~m385's"®2.1 26d1s8 0603 - i r a ..}LA7AR, ERRIMCT, YANG06v ~ - uK~w wwffiatMCrnv 1se• YAt7 LAKb CITY. awK9CiPtCffv - ~.Cid~ 11•'49 ~nA1 9'1(1 !?11ieL BTf16'! F?B,•F:~ Gh nA4_: At41 _ i °`MEL IUVE; GOLE Y I Mr. William A. Monahan _ 67anUary 25• 1995 Page 2 L this development proposal, Please feel free to contact me, Ed Christensen or Gordon. very truly yours, t Michael C. Robinson MCR: cfz cc: Mr. Gordon Martin f Mr. Ed Christensen F Mr. Dick Eewersdoz-f f. I f 4 E i ~t t f t 't i • I -185802.1 24036 cool j MEMORANDUM CITY OF TIGARD, OREGON E _ en v a Ronal able 9.?ra•rwsw 4' t " 1 dI iLP• YapGl Q;iLI 1 1-Y Co iif sir l.L 1. FROM: Cathy Wheatley, City Recorder C~~`hJ ~ x ;DATE: February 9, 1995 SUBJECT: Site Plan - Martin Property Public Hearing - February 14, 1995 I Councilor Hunt requested a site plan for the above-referenced ratter. I an sending a copy to each Council member so that you all will have the same information for the hearing. i j 'j cwc0209.95 ~ y i C i ~ t i i i 6 . { n , ~ , z. W ~'ll ary ~ 6. 4,$~;rr`rt ~ 2: ..,.n '`~"".:rl ~y^~ ~ _ .._•,.«.aar~ . - : t".c'~';, °'2'«-y:r"2'' "~r~' w on L r v a re ~ . 3 a t i , n. ,.2 ,4. ~ , .X a - m . ^7 - .a., 0.5, Y, 1. ~~.3... -1.N 1 . ~ il.87 ~ ,E- i ,r~ __.5'r. i ~ r:" h ~ x.h d 1>. t t ' A. a xv. .r,P'~~,^~, ..3 k x „s a - . :~,Pa J, 4 Y' i ..il: I. i, k TV a rx `5 .i - 4 ~k a - - - - n ~i~ - ' _ _ A ' _ 'r _ - . - t . , .d - i T, I -at A _ - i .w . ~^1 „i - _ poll 16' + ~3 I ',~\i` 1~ ,x 7`lmiAwvi pabRe~m PAI % ~ - . ~ ~ _ .9a'nax raPEaND TO,m' . 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I I I I I I I I I I I I 1 H I I I I I I I I ~I ® 11 _ 9 BTMD,» / _ "L I I I I 9' 1EniK/RART Ac. I I I IPAIWIAY IP a.LOtED ` - J _ _ I BT LOt l PROPERtt / x _ I_ _ I I I ' INNER ^tT,, a svJOdRD n _ _ _D l _ I - `$u ~r / _ W. HERMO I I I ~ 1511' I ~ `r - _ sA - -1-_ ~ I 1 ~ ~ ~ 'd ~ I 16'PEDESiPodREWE1JI~'ENi I r.~ ROJECi T•c CENTER I FDN W1ERfi PEDE91RIaA N0, 5]4003 I y]Ip].ApaMallxni I I I I EiDEwuK Ar~a~EeIED I I I 1-. _ _ . B NER'OB I iTPE PRELRIBIARr j INt I HDMENI"ERB. I I I. I 1 _ . - - - _ - I - 01;24, 95 10:53 %Y503 :20 2480.~. S.rOEL RIVES QJ002,'UO3 STOEL RJV'ES OLEY -STONES r'.4 r°:TZ EY _ n'fl'URN$V9 AY LAW 1 SUITE 2300 _ r~ STANDARD INSURANCR CENTER 900 SWFIFTH AVENUE PO$M AND. OREGON 9720$-1265 j T,)cphosa (503) 224.3380 Trl rtrpiar (303) 320.2430 -d Trlss 703433 T i - i Writer's Direct Dial Numbrr ~ F (503) 294-9194 :-s January 24, 1995 i - VIA F'ACSIMIM Mr. William A. Monahan tt City Administrator City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Re. Apo? ication by Gordon Martin r. t' . Dear Bill: i 2 am writing this letter at your request. This letter is not a document or evidence in support of the application, so there is no right to a continuance pursuant to ORS 197.763 (4) (b) . As you know, the Tigard City Council tentatively approved Mr. Martin's request on January 3.7 and instructed the applicant to prepare findings for final adoption on January 31. Since January 17, the applicant and 1 have had several discussions about how to proceed with this matter. i Because of these discussions, Mr. Martin elected not s to prepare the findings for presentation to the City Council on ;j January 31 so that we might be able to resolve an issue that I has arisen since January 17. ~ . one of the conditions of approval in the City Council's motion required 26 percent landscaping an the site. 1 would like to discuss this condition of approval with the r city Council at its January 31 meeting. I would, then like the City Council to reschedule adoption of the findings for the l next available City council Meeting. F PDXI-165530-1 24056 COOL F, ."3Q"(",.Xt9U. SSATTLS. YANCOUYIR. 401% SALT LARK CITY. WASHINGTON. V OREGON WASHINGTON WASH;KC.-. Nt !!)M10 UTAH O/STRIC 0PCOLUMVIA _n~ MV !a+33 " %T505 u 24SO Ssu i, RI-fES Mr. William A. Monahan 1 aarnuary 24, 1995 Page 2 Please let me know if the city council would like me to appear on January 31 to discuss the condition of approval regarding landscaping. E; --------------Thank you .for your assistance. j - Very truly yours, Michael C. Robinson MICR: cf2 € cc: Mr. Gordon Martin (via facsimile) Mr. Rd Christensen (via facsimile) i Mr. Dick Bewersdorff (via facsimile) ' Mr. Dark Roberts (via facsimile) Intr. Timothy V. Ramis (via facsimile) - - i I II I J t PD71-L65530,y, aaase seal