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City Council Packet - 01/25/2000 D~21C~1 h1~L.. C F TIG OREGON 7 1 1u^AA r% 9 %^If i' ^OUN^'L FETING JANUARY 25, 2000 COUNCIL MEETING WILL NOT E TELEVISED i;Wm1jo%ccpkt3.clot 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 m Revised t 1^{Qkj~'t' fv3le ~ .F iL Yl"f„', 'FTiWn~S(. 1^f J Y l ~ ~Y B'Na' .7 E4- l"s.ETii~O }tSi"+a ~1 f~{~ 1 ' ; A (ARMY t5"x000; 6:3®rPi~! CITY OF TIGARD a rT:,, C , st i(3Ai~i;Y s~;~t~/~iAJ9 itLn~llti.C~°7~AO"dx:' ~x~{}.+I~.if~i~~~ c~~'r.J`I✓¢eCA t 4.ai+,e r 6 1 ..7 T7 F 1 j r,~ h s-t. Y f 1<} e c YS i v ,tl y w 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 matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 mm. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please wall 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: ® Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. J Since these services must be scheduled with outside service providers, it is important to allow as much lead time 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: 639- 4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). 3 SEE ATTACHED AGENDA COUNCIL AGENDA - JANUARY 25, 2000 - PAGE AGENDA TIGARD CITY COUNCIL BUSINESS MEETING ]ANUARY 25, 2000 6:30 PM STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) az (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions Wit11i~Y LIK SOJiWp us, confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this 'session. 7:00 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8T Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 7:05 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:10 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. • Motion to: 3.1 Approve Council Minutes: November 9, 1999 3.2 Receive and File: Memo on Surplus Houses 3.3 Adopt Resolution Establishing a Procedure to Grant City Sponsorship of Community Events - Resolution No. 00 -Ol 3.4 Approve Hearings Referee/Back-up Hearings Officer Contract 3.5 Adopt a Resolution Authorizing an Interfund Loan from the General Fund to the General Obligation Debt Service Fund, and Approving Budget Adjustment #5 to the Fiscal Year 1999-00 Budget - Resolution No. 00 - 02 COUNCIL AGENDA - JANUARY 2a, 2000 - PAGE 2 16 Adopt a Resolution Approving Budget Adjustment #6 to the Fiscal Year 1999-00 Budget to Provide Administrative Support to the Finance Department, to Pay Costs Related to Software Conversion, and to Pay Costs Related to Other Required Contracts - Resolution No. 00 - C' 3.7 Adopt a Resolution to Adopt a Fixed Asset Policy to be Effective on July 1, 2000 - Resolution No. 00 0) --1 3.8 Local Contract Review Board: Award Contract to Entranco inc. for Engineering Design Services for 1181 Court Erosion Control and Bonita Road Sanitary Sewer Repair • Consent Agenda - ;terms R'ernoved for Separate Discussion: A!?-,v items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:15 PM 4. CONSIDER AN ORDINANCE ESTABLISHING THE FRANCHISE OF ALL-PHASE UTILITY CORP., ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR TELECOMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD, OREGON, AND TO CONDUCT A TELECOMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND PARTS OF ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY a. Administration Department b. Council Discussion C. Council Consideration: Ordinance No. 00- T 7:25 PM 5. CONSIDER AN ORDINANCE RELATING TO THE RE-ADOPTION OF THE CURRENT CITY PURCHASING RULES AS REQUIRED BY HOUSE BILL 2024 a. Finance Department b. Council Questions and Discussion C. Council Consideration: Ordinance No. 00- C_~_ COUNCIL AGENDA JANUARY 25, 2080 - PAGE 3 7:30 PM 6. INFORMATIONAL PUBLIC HEARING - FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT No. 15, ESTABLISHED TO INSTALL SEWER ALONG SW BEVELAND STREET AND SW HERMOSO WAY a. Engineering Department b. Public Testimony C. Council Questions and Discussion d. Council Consideration: Motion to approve the finalization of Sani*.ar; Sevier Reimbursement District No. 15 7:35 PM 7. INFORMATIONAL PUBLIC HEARING - FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT No. 16, ESTABLISHED TO INSTALL SEWERS IN THE SW 103RD, 104TH AVENUES AND DELMONTE DRIVE AREA a. Engineering Department b. Public Testimony C. Council Questions and Discussion d. Council Consideration: Motion to approve the finalization of Sanitary Sewer Reimbursement District No. 16 7:40 PM 8. INFORMATIONAL PUBLIC HEARING - FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT No. 17, ESTABLISHED TO INSTALL A SEWER IN SW O'MARA STREET NEAR HILL STREET a. Engineering Department b. Public Testimony C. Council Questions and Discussion d. Council Consideration: Motion to approve the finalization of Sanitary Sewer Reimbursement District No. 17 7:45 PM 9. CONSIDER A RESOLUTION TO ESTABLISH A TASK FORCE AND ADVISORY COMMITTEE TO DEVELOP AND IMPLEMENT A PROJECT FOR IMPROVEMENTS TO SUMMER LAKE a. Engineering Department b. Council Questions and Discussion C. Council Consideration: Resolution No. 00- COUNCIL AGENDA - JANUARY 25, 2000 - PACE 4 7:55 PM 10. CONTINUATION OF PUBLIC HEARING FROM DECEMBER 14, 1999 - WASHINGTON SQUARE REGIONAL CENTER CPA 1999-00002/ZON 1999-00001 /ZOA 1999-00004 WASHINGTON SQUARE REGIONAL CENTER REQUEST: A request for approval of a legislative Comprehensive Plan map and development code language, rezone, and text amendments to the Tigard Development Code within the area designated as the Washington Square Regional Center. Specifically, the request includes redesignation from Low Density Residential, Medium-Density Residential, Medium-High Density Residential, Neighborhood Commercial, General Commercial, Commercial Professional, and Industrial Professional to the new designation of Mixed Use Commercial, Mixed Use Employment-1, Mixed Use Employment-2, Mixed Use Residential-1, Mixed Use Residential-2, and to the existing R-12 zone. The findings of this plan will be forwarded to the Beaverton City Council, and Washington County Commissioners for their consideration. LOCATION: Generally, south and west of Hall Boulevard; north of Highway 217; the Nimbus Business Park area between Scholls Ferry Road and SW North Dakota; Cascade retail center south of Scholls Ferry Road and north of Greenburg Road. ZONE: CG (General Commercial), CP (Commercial Professional), CN (Neighborhood Commercial), IP (industrial Professional), R-4.5 (Low-Density Residential), R-12 Medium-Density Residential, R-25 Medium High-Density Residential, R-40 Medium High-Density Residential. APPLICABLE REVIEW CRITERIA: Statewide Goals 1, 2, 9, 10, 12, and 13; Oregon Administrative Rule 660-12; Comprehensive Plan Policies 1.1.1, 2.1.1, 6.1.1, 6.6.6, 8.1.1, 8.2.2, 9.1.1, 9.1.3, 12.1.1, and 12.2.1, and Community Development Code Chapter 18.22 and 18.32., Meii-o Functional Plan. a. Continuation Public Hearing from December 14, 1999 b. Declarations or Challenges C. Public Testimony (Proponents, Opponents) d. Close Public Testimony Portion of the Hearing e. Public Hearing to be continued to February 8, 2000, for Council Deliberation 9:55 PM 11. COUNCIL LIAISON REPORTS 10:00 PM 12. NON AGENDA ITEMS COUNCIL AGENDA - JANUARY 25, 2000 - PAGE 5 110131 mill 10:05 PM 13. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) ez (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 10:15 PM 14. ADJOURNMENT I NADM\CATHY\CCAA00012P DOC COUNCIL AGENDA - JANUARY 25, 2000 - PAGE 6 t r Agenda Item No., Meeting of 3~ TIGARD CITY COUNCIL MEETING MINUTES - JANUARY 25, 2000 STUDY SESSION > Councilor Brian Moore called meeting to order at 6:30 p.m. > Council Present: Councilors Paul Hunt, Brian Moore, and Ken Scheckla; Councilor Patton arrived at 7:25 p.m.) > Staff Present: City Manager Bill Monahan; Community Development Director Jim Hendryx; City Engineer Gus Duenas; City Recorder Catherine Wheatley; Finance Director Craig Prosser; Engineer Greg Berry; City Attorney Tim Ramis; > ADMINISTRATIVE ITEMS Bill Monahan, City Manager, noted the all the sewer reimbursement districts came in at a lower cost than the engineer's estimate. He informed the Council that staff added a citizen-at-large representative to the Summerlake Task Force to replace a nominee who declined. He mentioned that Tom Rogers had applied for the Planning Commission and indicated an interest in creeks and streams. The Council discussed the logistics of the public hearing on the Washington Square Regional Task Force report. Councilor Hunt reported on the meeting with South Fork attended by himself, Ed Wegner and Councilor Pat Carroll from Durham. He mentioned an engineering study South Fork commissioned to look at the feasibility of forming a larger water district. He commented that the concept looked better than anything Tigard has seen before. He noted that Lake Oswego's cooperation was key in bringing the water to Tigard along the most convenient and least expensive route. He observed that getting water from South Fork was an expensive proposition, whether or not Lake Oswego cooperated. Councilor Hunt said that South Fork set a meeting in one month, although they were not certain that one month gave the engineers enough time to make concrete findings. He emphasized that Tigard would have the same water rights as all other jurisdictions in the district if it joined South Fork. He mentioned that South Fork would provide Tigard with the cost for buy-in into the existing infrastructure. He observed that this was the most promising option they have seen yet, and the only one to offer Tigard water rights. Councilor Scheckla asked who would be responsible for maintenance. Mr. Monahan said that Tigard would directly maintain only its own distribution pipes. Councilor Hunt explained that South Fork would build its maintenance costs for the treatment plant and transmission system into the water rates for joint maintenance by the participating jurisdictions. Councilor Hunt noted that the set up was similar to Tigard purchasing water from Portland but the price was 40 cents cheaper. He mentioned South Fork's frank admission that another reason for their interest in expanding their district was economy of scale. He said that one of the West Linn members on the South Fork Board was dead set against Tigard coming in but the other five Board members were supportive. CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 1 > EXECUTIVE SESSION The Tigard City Council went into Executive Session at 7:00 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Councilor Brian Moore called the meeting to order at 7:05 p.m. 1.2 Roll Call Councilors Ken Scheckla, Paul Hunt, and Brian Moore were present. Councilor Joyce Patton arrived at 7:25 p.m. 1.4 Council Communications: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. VISITOR'S AGENDA: None 3. CONSENT AGENDA Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Councilors Hunt, Moore, and Scheckla voted "yes.") [3-0] 3.1 Approve Council Minutes of: November 9, 1999 3.2 Receive and File: Memo on Surplus Houses 3.3 Adopt Resolution Establishing a Procedure to Grant City Sponsorship of Community Events - Resolution No. 00-01 3.4 Approve Hearings Referee/Back-up Hearings Officer Contract 3.5 Adopt a Resolution Authorizing an Interfund Loan from the General Fund to the General Obligation Debt Service Fund, and Approving Budget Adjustment #5 to the Fiscal year 1999-00 Budget - Resolution No. 00-02 a 3.6 Adopt a Resolution Approving Budget Adjustment #6 to the Fiscal year 1999-00 Budget to Provide Administrative Support to the Finance Department, to Pay Costs Related to Software Conversion, and to Pay Costs Related to Other Required Contracts - Resolution No. 00-03 3.7 Adopt a Resolution to Adopt a Fixed Asset Policy to be Effective on July 1, 2000 - Resolution No. 00-04 3.8 Local Contract Review Board: Award Contract to Entranco, Inc. for Engineering Design Services for 118'h Court Erosion Control and Bonita Road Sanitary Sewer j Repair CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 2 elm 4. CONSIDER AN ORDINANCE ESTABLISHING THE FRANCHISE OF ALL- PHASE UTILITY CORP., ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR TELECOMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD, OREGON, AND TO CONDUCT A TELECOMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND PARTS OF ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY Craig Prosser, Finance Director, presented the staff report. He explained that All-Phase Utility Corporation was working with ODOT to provide a long haul line down the I-5 corridor and providing telecommunication services to the communities along the way. He said that this was a standard franchise agreement with a 5% franchise fee. Mr. Prosser confirmed to Councilor Scheckla that all the cities involved had to pass a resolution for All-Phase to operate. Tina Ramis, City Attorney, explained to Councilor Scheckla that the 5% franchise fee was the statutory maximum. Councilor Scheckla asked several questions related to his concern that businesses along the installation route might be hurt by the operation. He asked if All-Phase would shut down traffic lanes while installing their line. Mr. Prosser said that their business plan indicated use of the railroad rights-of-way with some crossing of streets. He indicated that the City would use the normal permitting process for street cuts and other work performed by the utility. Councilor Scheckla asked what the time frame was. Mr. Prosser said that All-Phase did not provide the City with a time frame. Councilor Moore explained that this was the same as the cable or telephone utilities operating within the City's right-of-way. He said that once the company installed its equipment, the operation became simply maintenance and connections to the system. Motion by Councilor Scheckla, seconded by Councilor Hunt, to adopt Ordinance 00-01. The City Recorder read the number and title of the ordinance. ORDINANCE 00-01, AN ORDINANCE ESTABLISHING THE FRANCHISE OF ALL-PHASE UTILITY CORP., ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR TELECOMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD, OREGON, AND TO CONDUCT A TELECOMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND PARTS OF ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY Motion was approved by unanimous roll call vote of Council present. (Councilors Hunt, Moore, and Scheckla voted "yes.") [3-0] CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 3 IBM 5. CONSIDER AN ORDINANCE RELATING TO THE RE-ADOPTION OF THE CURRENT CITY PURCHASING RULES AS REQUIRED BY HOUSE BILL 2024 Mr. Prosser explained that passage of HB 2024 required cities maintaining their own purchasing rules to readopt their rules, once the Attorney General's model rules for the State were adopted. Motion by Councilor Lunt, seconded by Councilor Scheckla, to adopt Ordinance 00-02. The City Recorder read the number and title of the ordinance. ORDINANCE 00-02, AN ORDINANCE RELATING TO THE READOPTION OF HE CURRENT CITY PURCHASING RULES AS REQUIRED BY HOUSE BILL 2024. Motion was approved by unanimous roll call vote of Council present. (Councilors Hunt, Moore, and Scheckla voted "yes.") [3-0] 6. INFORMATIONAL PUBLIC HEARING - FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 15, ESTABLISHED TO INSTALL SEWER ALONG SW BEVELAND STREET AND SW HERMOSO WAY a. Staff Report Greg Berry, Engineer, presented the staff report. He stated that these three districts brought the total number of reimbursement districts to nine, providing 123 connections. He said that no new districts were proposed; the only outstanding district was No. 14, awaiting completion as part of the Walnut/Tiedeman Street improvement project. Mr. Berry stated that the Council fonned District 15 by Resolution 99-63 on August 24, 1999 with an estimated cost of $166,650. He reported that staff would assess the final cost of $125,894.53 at $5,035.78 per lot (25 lots). Councilor Scheckla asked how many homeowners did and did not support the district. Mr. Berry indicated that a narrow majority of homeowners supported the district. He explained that they did not know the intentions of the other homeowners because they did not vote. He commented that he knew of 18 out of the 25 property owners who expressed support for the project. He confirmed that any one waiting out the 15 years before connecting to the sewers would not have to pay the district fee. Mr. Berry confirmed to Councilor Moore that the resolution was a formality to establish the district to pay back the City's investment. He pointed out that it also accomplished the purpose of installing the sewer before Eagle Hardware made its street improvements. b. Public Testimony There was none. c. Council Questions and Discussion Councilor Scheckla asked who picked up the fee if the residents waited out the 15 years. Mr. Berry said that the taxpayers did for any reimbursement district. CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 4 E~W NNIM IN ~Emllfflm mill'illi=l=Mllmmj d. Council Consideration Motion by Councilor Hunt, seconded by Councilor Scheckla, moved to form Reimbursement District No. 15. Motion passed by majority voice vote of the Council present. (Councilors Hunt and Moore voted "yes;" Councilor Scheckla abstained.) [2-0-1] 7. INFORMATIONAL PUBLIC HEARING - FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 16, ESTABLISHED TO INSTALL SEWERS IN THE SW 103RD, 104TH AVENUES AND DELMONTE DRIVE AREA a. Staff Report Mr. Berry stated that the Council formed District 16 by Resolution 99-68 on S: Member 14, 1999 to serve 22 lots at an estimated cost of $224,570. He reported the final cost at $220,219.51 with a per lot fee of $10,900.98. He noted that Resolution 98-51 limited the per lot fee to $8,000 for the first year. b. Public Testimony There was none. c. Council Questions and Discussion d. Council Consideration Motion by Councilor Hunt, seconded by Councilor Scheckla, to form Reimbursement District No. 16. Motion passed by unanimous voice vote of the Council present. (Councilors Hunt, Moore, and Scheckla voted "yes.") [3-0] 8. INFORMATIONAL PUBLIC HEARING - FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 17, ESTABLISHED TO INSTALL A SEWER IN THE SW O'MARA STREET NEAR HILL STREET a. Staff Report Mr. Berry stated that the Council formed District 17 by Resolution 99-75 on November 9, 1999, to serve five lots at an estimated cost of $51,300. He reported that the final cost of $41,518.30 with a per lot charge of $8,308.60. He indicated that this district was also subject to the $8,000 cap of Resolution 98-51 during the first year. b. Public Testimony There was none. c. Council Questions and Discussion: None. d. Council Consideration CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 5 'I IN Sim 1~ Motion by Councilor Hunt, seconded by Councilor Scheckla, to foram Reimbursement District No. 17. Motion passed by unanimous voice vote of the Council present. (Councilors Hunt, Moore, and Scheckla voted "yes.") [3-0] 9. CONSIDER A RESOLUTION TO ESTABLISH A TASK FORCE AND ADVISORY COMMITTEE TO DEVELOP AND IMPLEMENT A PROJECT FOR IMPROVEMENTS TO SUMMER LAKE Gus Duenas, City Engineer, presented the staff report. He stated that this resolution formed the Summerlake Task Force per Council direction. He described the Task Force's job as developing and implementing a project to improve the conditions at Summerlake. He indicated that staff believed that they included all the stakeholders among the 11 Task Force members. Councilor Patton arrived at 7:25 p.m. Councilor Scheckla asked for clarification on the Task Force's scope of work. Mr. Duenas stated that staff would focus the project on developing improvements to Summerlake itself that were acceptable to the people, the City and the regulatory agencies. Councilor Scheckla commented that he would look closely at the improvements to make sure that they did not go overboard on the costs. Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt Resolution 00-05. The City Recorder read the number and title of the resolution. RESOLUTION 00-05, A RESOLUTION TO ESTABLISH A TASK FORCE, AN ADVISORY COMMITTEE, TO DEVELOP AND IMPLEMENT A PROJECT FOR IMPROVEMENTS TO SUMMER LAKE. Motion passed by unanimous voice vote of the Council present. (Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [4-0] • The Council considered Agenda Item 11, Council Liaison Reports, at this time. 10. CONTINUATION OF PUBLIC HEARING FROM DECEMBER 14, 1999 - WASHINGTON SQUARE REGIONAL CENTER CPA 1999-00002/ZON 1999- 00001/ZOA 1999-00004 WASHINGTON SQUARE REGIONAL CENTER REQUEST: A request for approval of a legislative Comprehensive Plan map and development code language, rezone, and text amendments to the Tigard Development Code within the area designated as the Washington Square regional Center. Specifically, the request includes re-designation from Low Density Residential, Medium-Density Residential, Medium-High Density Residential, Neighborhood Commercial, General Commercial, Commercial Professional, and Industrial Professional to the new designation of Mixed Use Commercial, Mixed Use Employment-1, Mixed Use Employment-2, Mixed Use Residential-1, Mixed Use Residential-2, and to the existing R-12 zone. The findings of this plan will be forwarded to Beaverton City Council, Washington County Commissioners, and Portland City Council for their approval. CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 6 LOCATION: Generally, south and west of Hall Boulevard; north of Highway 217; the Nimbus Business Park area between Schools Ferry Road and SW North Dakota; Cascade retail center south of Scholls Ferry Road and north of Greenburg Road. ZONE: CG (General Commercial), CP (Commercial Professional), CN (Neighborhood Commercial), IP (Industrial Professional), R-4.5 (Low- Density Residential), R-12 (Medium-Density Residential, R-25 (Medium High-Density Reside.:: al), R-40 (Medium High Density Residential). APPLICABLE Statewide Goals 1, 2, 9, 10, 12, and 13; Oregon Administrative Rule 660-12; REVIEW Comprehensive Plan Policies 1.1.1, 2.1.1, 6.1.1, 6.6.6, 8.1.1, 8.2.2, 9.1.1, CRITERIA: 9.1.3, 12.1.1, and 12.2.2, and Community Development Code Chapter 18.22 and 18.32, Metro Functional Plan. a. Councilor Moore reconvened the public hearing from December 14, 1999 b. Declarations or Challenges Councilor Scheckla mentioned that he served as the Council representative on the Task Force. Councilor Moore mentioned that he attended some of the meetings in order to view the process. c. Public Testimony Mr. Monahan reviewed the testimony procedures and time limits. Jim Hendryx, Community Development Director, mentioned that staff would take detailed notes of the testimony tonight in order to respond to it at the February 8 meeting. He noted that the Council did receive copies of letters received before the meeting. Councilor Moore noted that the Council received all testimony submitted to the Planning Commission and all information submitted directly to the Council. He asked those who provided written testimony not to read their testimony but to reference it, make any additional statements they wished to, and be available for questions. He stated that he intended to enforce the time limits strictly. m Bill Brewer, 11344 SW Ironwood Loop Mr. Brewer stated that he was an associate broker for a residential real estate firm in the area for 20 years. He contended that the City did not adequately publicize the Task Force process per the requirements of LCDC's Goal 1. He held that the public information provided at the smaller town center processes, such as Raleigh Hills and Cedar Mills, was more thorough. Mr. Brewer stated that the meetings he attended, including those involving Metro, never referenced the intense development proposed for SW Nimbus. He referenced the Ciiy's Comprehensive Plan noticing requirements. He contended that as a resident in an adjacent neighborhood to the western portion of the study area, he did not receive information about the Task F orce hearings. He said that he believed that his call to the Planning Department (following an Oregonian article on the plan) prompted the information he received about the Task Force presentation to the Planning Commission. Mr. Brewer pointed out that none of the "stakeholders" listed on the Task Force lived south of 217 or west of Nimbus, other than a Metro Councilor and Planning Commissioner representing their committees. He held that those who have lived and worked in the area for the past 20 years were also stakeholders. CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 -Page 7 Mr. Brewer stated that, by the time he became aware of the plan, the Task Force had recommended changing the zoning of the Nimbus Business Park from IP to MUE-2. He noted that the change in zoning allowed a height increase from one-story buildings to 60 feet high (or six-story buildings). He mentioned that a developer requested the Planning Commission to amend the MUE-2 zoning to allow 100 feet high or 10-story buildings. Mr. Brewer stated his opposition to the rezoning of District B (the area fronting Nimbus from Scholls Ferry to North Dakota) from IP to MUE-2. He contended that taller buildings would loom over the adjacent residential subdivisions. He cited Comprehensive Policy 12.3.1, which required buffering of IP zones from residential areas to insure privacy and preservation of the residential character. He described the Nimbus Business Park as an area that provided thousands of jobs during the day and a quiet park in the evenings. He held that the business parks contributed more open space than the golf course and were a more practical open space than the cemetery. Mr. Brewer argued that taller buildings (with the attendant increase in workers) would create an intolerable traffic situation and further degrade the quality of life and property values in the adjacent neighborhoods. He cited Comprehensive Plan Policy 8.1, which required the City to provide a safe and efficient roadway system. He contended that the City did not have *the money to make it safe to cross Hwy 217 to get to the mall. He noted that the roads proposed in the Tigard Triangle Plan have still not been put in. Mr. Brewer discussed the loss of the wetland. He conceded that it was possible to mitigate for wetlands (which he characterized as exporting open space to another area of the city) but asked if doing so was fair to the residents who lost their open space through that mitigation. He cited the moving of the wetland at Murray Town Center 3 miles away into the City of Tigard. He alleged that the Task Force members supported this part of the plan because none of them lived in this area. He asked the Council to look at the ramifications of the proposal because it had flaws that affected the livability of Tigard. • Liz Callison, 6039 SW Knightsbridge Drive, Portland Ms. Callison stated that she owned property near the headwaters of the north fork of Ash Creek in southwest Portland. She indicated her support of the Ash Creek Coalition. She mentioned that in 1994 Metro hired Peter Calthorpe (a well-known neo-urban planner whose transit oriented suburban development went bankrupt) to plot out the increased growth options at eight sites around the region (not including Washington Square). Ms. Callison recalled that the City of Milwaukie (at the request of its citizens) asked Metro to switch their designation as a regional center to a town center. She indicated that Milwaukie did not believe that it could improve its infrastructure to accommodate the 50,000 new users attracted by a regional center nor did its citizens want that density level in their downtown. She noted that the transportation planners attributed 10,000 new users to a town center. Ms. Callison asked the City to give an accounting to its citizens on how the decision was made to designate Washington Square as a regional center. She mentioned exploring the possibility of rescinding that decision. She challenged the news media to provide the citizens with this information, contending that the newspapers have been remiss in failing to provide citizens with the facts on how the regional center designations were made. She questioned how Tigard could get the federal dollars needed to build the transportation infrastructure when Oregon had a junior delegation in Washington. CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 8 Ms. Callison discussed the wetland issue. She read from the natural environment section in "Choices for the Future of the Willamette Valley," a document prepared by the Willamette Livability Forum. She suggested that the Council treat the few major wetlands left in its jurisdiction as rare things to be preserved for storm water and endangered species purposes. Ms. Callison commented that she did not think that the residential neighborhoods knew of the plan. The Council discussed whether to allow people to cede their time to another individual. Mr. Ramis advised the Council that it was unlikely that the City would be challenged, as long as it imposed reasonable time limits and allowed every person an opportunity to speak. The Council agreed to allow ceded time up to 15 minutes per individual. Councilor Patton pointed out that the Council has allowed other opportunities for citizens to testify, including submittal of written testimony. o Trudy Knowles, PO Box 230275, Tigard Ms. Knowles testified that she opposed the Plan. She held that the Task Force arbitrarily decided to increase Metro's reque: t for 950 new housing units and 8,000 jobs to 9,000 jobs and 1,500 new units. She alleged that the consultants led the Task Force like sheep, ignoring the capacity of the development and including only those with a vested interest in the development happening. She asked the Council to deny the plan and to send it back to staff for a reduction in scale. Ms. Knowles read a list of questions for use in re-evaluating the Plan. She mentioned adherence to Title 3 guidelines and Metro Goal 5 goals, the impacts of high density on the environment, and the cost. She questioned why they promoted traffic coming into the area as opposed to discouraging it. She presented a letter from her husband. 0 Lenny Stewart, 7330 SW Pine, Tigard Mr. Stewart stated that he opposed the development. e Mary Baron, 14700 SW 141" Ave Ms. Baron referenced her written testimony submitted earlier. She stated that she opposed putting the highest density on the wetlands and floodplain. She ceded her time to the Ash Creek Coalition. Jill Tellez, 9280 SW SO'h Ave Ms. Tellez stated that she did not oppose increased density but she did think that certain issues in the proposed plan needed to be addressed before adopting it. She cited the 1997 Urban Growth Report Update to the Metro 2040 plan, which eliminated the application of the 2040 up zone factor to neighborhoods, parks and open space lands in response to the preliminary reports from local jurisdictions setting 2040 policy for concentrating growth in town centers and regional centers. Ms. Tellez commented that the Plan depended upon changing the zoning designations of the existing community, per Peter Calthorpe's and John Friganese's concept for the 2040 plan. She reiterated that Mr. Calthorpe's high profile California development went bankrupt in 1996. She said that the purchasing developer changed the development specs to conform to market driven standards. Ms. Tellez spoke against investing taxpayer dollars in a development that used the untested Mixed Use zoning designations of the Plan. She argued that putting high density in a floodplain only exacerbated the risk. She cited the Beaverton Round was an example of the weakness of the new CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 9 urban growth concepts and regional governments playing private lender with taxpayer dollars in trying to salvage a failed project. She held that this made the taxpayers, not the developers, financially liable for failure. Ms. Tellez contended that the higher density figures make the plan more vulnerable to high cost recovery. She held that the Plan contradicted the Metzger Progress Community Plan adopted by ; Washington County in December 1983. She alleged that the minority report was downplayed and the environmental, health and safety issues never got a fair chance at the table. She asked that taxpayer dollars not be used for recovery in the event of a bankruptcy. Ms. Tellez argued that the Plan served the development and political interests directly involved in its creation, not the community. She held that the community faced increased density and pollution and degradation of its existing quality of life. She asked for more specifics with respect to the businesses coming in, the developers implementing the plan, a visual picture of the plan, and scientific impact reports provided by a non-biased third party. Ms. Tellez held that the planners failed to prove that this high scale development could be successful. She asked the Council to obtain the impact reports needed to calculate the extra cost to the taxpayers to pay for the expensive infrastructure required by the development. Alice S. Juve, 10655 SW Hall Blvd Ms. Juve ceded her time to Pat Whiting. o Karen Flint, 9070 SW Borders Ms. Flint ceded her time to Jere Retzer. o Todd Kinsley, 8840 SW Spruce Street Mr. Kinsley spoke with respect to the area south of Oak Street. He mentioned the recommendation for high-density apartments in that area. He argued that the City should not allow development in the area until after the developers installed the infrastructure necessary to support the development. He held that the developers (who were making a profit) should bear the costs of improving the infrastructure to accommodate growth. He agreed with finding out who the developers were. Melvin Breasup, 7885 SW Kannock Mr. Breasup declined to speak. o Doug Montgomery, 11046 SW Greenburg Mr. Montgomery stated that he had a doctorate from Syracuse and did environmental work at a federal agency in town. He mentioned his familiarity with the Ash Creek Condos. He said that he has observed a major change in the floodplain activity at that location; someone cut off the drainage area into the pond, significantly impacting the wildlife in the area. Mr. Montgomery discussed his concern that the process did not follow all Army Corps of Engineers and State of Oregon guidelines. He indicated that he would grade Tigard's public involvement process at "D-," contending that Tigard was not telling its citizens the real facts of the project. He spoke to Tigard expanding it public involvement process for another year and filling in the gaps in information. CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 10 101 mmn~ 10111 Iml Mr. Montgomery mentioned that the committee that created Metro in the 1970s (on which he served) argued for two and a half years on how to get citizens information for regional development. He reiterated his concern that the area residents did not have enough information about the project. He asked for information on the expansion and transportation plans, the costs and benefits, and who would pay for them. ® Monte Haynes, 8705 SW Nimbus #230, Beaverton, Signe ESG Director of Development Mr. Haynes stated that his company managed the business centers on Scholls Ferry (MUE-2) for the owners Principal Financial Group. He said that they supported the plan but requested one revision. He referenced the correspondence asking to reduce their initial request for a 100-foot height variance to 85 feet. He explained that it took 85 feet to build a six-story building (13.5 feet per floor). He said that a six-story building allowed an economic development and achieved the density requirement of the plan without structured parking. Councilor Scheckla asked for clarification on how they would handle the parking for a six-story building. Mr. Haynes explained that they would take existing paved areas and build them higher to avoid adding more impervious area. He mentioned tearing down existing buildings and using their footprints for additional parking. o Bruce Warner, 8025 SW Elmwood, Metzger area Mr. Warner stated that he found the whole procedure poorly advertised, making it difficult for people to get involved. He commented that he found about it in December. He spoke in support of limiting growth and preserving the current status of the area. He held that increasing residential density was a mistake. He mentioned studies that he had heard of that claimed that jurisdictions found it less expensive to purchase vacant land for open space than to develop and tax vacant land because the development fees and taxes collected did not pay the true cost of the infrastructure. He mentioned his support of preserving open land as wetlands. He asked that the City take time to make sure that those who had to live with the plan had the opportunity to be involved. He said that he did not want to see the plan "railroaded" through because the only people who benefited were the developers and contractors making a profit and living some place else. Bob Rohlf, 12430 SW North Dakota Mr. Rohlf discussed the history of the Task Force. He mentioned that he sat on the Council at the time it decided to implement the study program. He referenced the Council's experience with the Tigard Triangle issue. He explained that commercial interests were pressuring the Tigard Triangle to change from residential to commercial zoning. He said that the Council found that many people were trapped in the Triangle for years (as it became more unlivable with traffic and encroaching businesses) because they could not sell their homes as residences or as commercial properties (the zoning was residential). He stated that the Council saw a similar situation developing in Metzger. Mr. Rohlf mentioned the complaints that the Council heard from the Metzger residents about cut- through traffic from Portland and the impacts of development on the neighborhoods. He said that, at the same time as development started moving into the Metzger area and traffic congestion increased, Metro released its 2040 plan and started looking for potential regional centers. He explained that the Council decided to accept a regional center designation for the area because that designation brought with it money for planning and transportation improvements badly needed in the area. CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 11 Mr. Rohlf stated that he had recognized that the change was occurring right now in the Metzger area. He pointed out that the County codes currently in place did not protect the neighborhoods from development or stop it. He held that this change was not occurring because of anything that the City of Tigard was doing; rather it resulted from the Metzger people selling their properties to developers (who got Code changes at the County to allow their developments). He argued that without a plan in place, Metzger would erode as surely as the Tigard Triangle had been eroding. Mr. Rohlf stated that the intent of the planning effort was to protect the people who lived and worked in the area and to provide a way for people to get out financially, if development began to encroach into a neighborhood. He commented that the Council also wanted to minimize the negative impacts of development on Tigard as the adjacent city by improving the transportation infrastructure and controlling the development. He noted the Council's desire to promote quality development. Mr. Rohlf stated that, based on his attendance at two-thirds of the meetings, the process (as driven by the consulting group) was more sensitive to the Metzger residents than it was to the businesses. He referenced the comments made tonight that the process was not open. He mentioned the Task Force's discussions on how to better advertise the process and invite the residents to participate. He indicated that the Task Force did incorporate the comments received from citizens at the town hall meetings. He indicated his disappointment at the "them versus us" environment that has developed. He commented that the Council intended the process to help, not to antagonize people. Mr. Rohlf stated that the current plan represented significant compromises. He conceded that it probably had flaws but argued the alternative of market-driven development without protection would occur if the Council lost time by redoing the plan or dropped it entirely. Councilor Scheckla asked for Mr. Rohlf's comments on developing the wetlands in the area and traffic. Mr. Rohlf said that he wanted to see the infrastructure in place for handling the traffic before allowing any other development in the area. He spoke to finding a way to get the developers who benefited from the improvements to pay for the improvements. He argued that a city got the kind of development it anticipated with its plan by installing the infrastructure in advance of development. He held that, without a plan, developers eroded the Comprehensive Plan by requesting modifications to fit their developments. Mr. Rohlf referenced a comment he heard at the Task Force meetings that the City should buy up all the wetlands for parks. He commented that it would be great if the City had the money and if those parks would be City parks. He stated that he saw no reason to spend Tigard taxpayer dollars to purchase parks that were not within the city. He remarked that he thought that they could create a beautiful park to enhance the livability and commercial viability of the area through a compromise in which the Metzger residents helped pay for a park. Councilor Scheckla asked about the new regulations for fish and wildlife habitat slated to come forward. Mr. Rohlf described the regulations as a "moving target." He spoke to making plans for what the Council knew today and modifying the plan to incorporate the changes as they occurred. Sheilah Fink, 6077 SW Dalton, Community Partners for Affordable Housing (CPAH) Executive Director Ms. Fink submitted her written comments. She mentioned that CPAH was a non-profit housing developer in the Tigard-Tualatin southeast Washington County area. She stated that they had no money interest in the development of this plan. She indicated that she also represented 300 individuals who lived in the three projects CPAH had in the area. She said that they were well CITY COUNCIL MEETING MIN'iJTES JANUARY 25, 2000 - Page 12 notified of the plan. She spoke to developing plans for the area that made sense and allowed development by choice rather than by chance. She described the guiding principles of the Plan as directed primarily by the residential nature of Metzger. Ms. Fink discussed the guiding principle of retaining and developing quality housing (including affordable housing for all income levels). She conceded that achieving that goal would not be easy but argued that they had to address it as well as the transportation and wetlands protection goals. Ms. Fink discussed the need for the Council to endorse the Plan in order to start work on the affordable housing element. She explained that CPAH's efforts to obtain funding for affordable housing were stymied by the impossibility of addressing the critical job/housing imbalance without appropriately zoned sites. Ms. Fink discussed the public involvement aspect of the Task Force. She characterized the Task Force as containing diverse representation and holding many meetings (including open houses) over the two years. She mentioned her surprise at the use of a consensus process. She commented that the real debate often occurred after a task Force delivered its product. Ms. Fink pointed out that the concerns raised by citizens were not unique to this area but common throughout the region. She indicated that Tigard was the third worst (out of 24 cities) in the Metro area with respect to the housing jobs/balance created over the past decade as housing prices escalated more quickly than salaries and new development occurred in areas that did not match the job growth. She argued that they had to do something about the imbalance between the lower-end jobs and the higher-end housing in this area that was almost built out. She held that higher residential densities made sense in the Washington Square area as they did in the Triangle and the Central Business District. Ms. Fink commented that, although growth was partly guided by market demand, it also relied on sensible public policy. She contended that saying "no growth" was not an option. She cited the Supreme Court rulings prohibiting local jurisdictions from using a variety of methods to stop growth. She spoke to using the Plan to guide the inevitable growth rather than letting unbridled growth guide the citizens. Ms. Fink pointed out that without a plan Tigard could not compete for the resources needed to address the Washington Square goals. She argued that having a plan in place was Tigard's only way to get more money for transportation, housing, greenspace or any other issue. She indicated that the residential land available for development and the use of infill and accessory units would allow the existing neighborhoods to retain their character. She mentioned the ongoing and open discussion at the Task Force about higher density making sense where it was accessible to transit. • Councilor Moore recessed the meeting at 8:30 p.m. for a break • Councilor Moore reconvened the meeting at 8:39 p.m. • Jack Reardon, Washington Square Mail General Manager, 9585 SW Washington Square Road, member of Task Force Mr. Reardon applauded the work of the staff, the consulting team and the Task Force members. He stated that he supported the plan, although he has entered his often-stated concerns into the record. He characterized the plan as "as good a plan as could be formulated under the guidelines". He held that the guidelines were the cause of his concerns with the plan. CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 13 Mr. Reardon stated that Metro's vision for the regional center concept and the resulting guidelines were in stark contrast to the reality of a major regional shopping center. He argued that it was unrealistic to think that they could urbanize a suburban shopping complex (and keep it successful) without addressing the elements that made it successful. He commented that he believed that the basis for his conclusions was the same basis for the concerns expressed by the Tigard Planning Commission, business leaders, and City and County officials. Mr,. Reardon said that the basis for his concerns was the transportation element. He reviewed the three segments of the issue: the question of where would they get the funding for the identified improvements, the lack of improvements to increase the capacity of the major roadway system serving the center, and the question of whether the public transit alternative would be able to serve the center adequately (either now or in the future). Mr. Reardon reiterated that the extensive transportation element included no identified funding sources. He argued that the most important transportation issue was the need to access the center by autos from a wide region in order to maintain the center's viability. He held that without major roadway improvements, the area could not accommodate the increased traffic. Mr. Reardon stated that, as a member of the Transit Choices for Livability Committee, he realized that Tri-Met and Metro's vision for increased rider ship of public transit in the suburbs was not achievable. He held that the issues surrounding the ineffectiveness of transit in a suburban setting were causing city and county officials (as well as the public) to question the feasibility of the urban growth concepts of the 2040 plan. He asked the Council to keep those issues in mind as it considered the Washington Square Regional Center Plan. o Greg Hathaway, Davis Wright Tremaine law firm, representing owners and operators of Washington Square Mall Mr. Hathaway referenced the letter he submitted to the Council earlier. He discussed the reasons why they felt that it was appropriate for the Council to continue its consideration of the plan in order to address critical issues pertaining to the community and Washington Square. He described the Council's position as between a rock and a hard place: the Planning Commission has recommended not adopting the plan until the City could answer questions related to transportation and open space issues (including acquisition and infrastructure funding) while staff needed the Council to adopt the plan in order to obtain an $80,000 grant to answer those questions. Mr. Hathaway discussed two options available to Council: continuing the matter to address the questions raised by the Planning Commission and the community or (if it adopted the Plan in order to get the $80,000 grant) calling a "time-out" to address the question of what happened in the interim between adoption and implementation. He said that Washington Square's concern was that r not knowing the answers to these questions could act as a moratorium on development and adversely affect someone's desire to create good development. He mentioned that staff has indicated that it could take two to three years to answer the questions (even if Tigard received the grant). Mr. Hathaway pointed out that many jurisdictions around the region were calling "time-outs" in their town center and regional center plan processes. He said that Washington County did so in . order to allow more public input and to address critical issues before adopting the plan. He encouraged the Council to consider calling a "time-out." CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 14 • Jack Jensen, Macerich Company Vice-President, 9585 Washington Square Road Mr. Jensen commented that his company has invested a considerable amount of money in the Tigard community. He said that as owners of Washington Square, they were very concerned about the vitality of the community. He confirmed that they supported the commercial retail aspects of the plan in concept but they had reservations and concerns with respect to the timing, implementation and financing of key elements in the plan. He said that they were ready to work with the community and the City in developing and implementing a regional plan that recognized the growth of the region and encouraged infill and redevelopment in the community. Councilor Scheckla asked for clarification on the $80,000 grant. Mr. Hendryx explained that ODOT would award an $80,000 grant to the City (subject to adoption of the plan) for development of a plan to implement the concepts in the Regional Center Plan. He said that he would provide more details on what the money would buy at a subsequent meeting. He pointed out that the City could choose to fund the implementation plan by other means than this $80,000 state grant. Councilor Scheckla questioned the City being held hostage to adopt the plan (as opposed to the Planning Commission's recommendation to endorse it) because of this $80,000 grant. Tim Ramis, City Attorney, referenced his memo in the Council packet answering questions raised by the Council at a previous meeting. He said that the Council could adopt the Plan to satisfy the requirements for funding but set an effective date triggered by a stipulated event in the fliture. He mentioned that the Council could also make amendments to the Plan before implementation based on recommendations coming out of implementation strategy development process. • Jere Retzer, 5115 SW Alfred, Ash Creek Coalition Mr. Retzer submitted a statement from the Tualatin Riverkeepers in support of the Coalition's position. He said that he was also a co-founder of the Crestwood Headwaters Group and Director of the West Multnomah County Water Conservation District. He explained that Oregon law required a Conservation District in every county for the purpose of working with property owners and government entities for the conservation of natural resources. Mr. Retzer held that the Regional Center Plan would have significant impacts on the valuable community resource of Ash Creek and the fish documented in the stream. He reviewed reports of fish in streams upstream of the lower regions of Ash Creek where the City contemplated up zoning the land from 4.5 units per acre to 50 units per acre. He said that the Fans of Fanno Creek, the Tualatin Riverkeepers, the Portland Audubon Society, and residents of Tigard and Metzger formed the Ash Creek Coalition to insure that the adopted plan adequately protected Ash Creek. He stated that the proposed plan did not provide the protections that they thought were needed. Mr. Retzer described the location of the 23-acre floodplain/wetland area between Hall Blvd and Greenburg Road and Oak Street and 217 that was of particular concern to the Coalition. He reviewed the reasons why everyone, including the Task Force consultants and the City planners, agreed that the creek and floodplain should be protected. These included the requirements of Metro Title 3 and the Tigard water resource overlay, protection of the water quality in a major fish bearing stream through a full riparian buffer, the requirement to reduce pollution under the Clean Water Act, and the proposed National Marine Fisheries Service rule to require a 200 foot buffer zone around all streams. Mr. Retzer discussed the regular flooding of the Ash Creek floodplain He noted USA's expectation that the flooding would get worse as more development occurred upstream. He mentioned USA's CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 15. proposal in the Fanno Creek Management Plan to use this area for flood storage and water quality. He stated that Metro had greenspace funds available to support the acquisition. He indicated that Metro excluded this floodplain and wetland from the urban growth targets. He referenced the Task Force report (page 18) stating that development would preserve the community resources of open space, wetlands, and floodplains. Mr. Retzer argued that the Task Force proposal targeted its greatest zoning increase for this area based on the belief that the Tigard development codes would protect this resource. He held that the codes would not do so, resulting in a costly mistake by the City. He referenced exceptions in the Community Development Code that a developer could effectively use to circumvent the overlay district and Metro Title 3 (CDC 18.797, 17.97.100, 17.97.130, and 17.97.140). He held that it was likely that the City would grant the exception for reasonable economic development to prevent hardship or adverse economic consequences if the up zoning were approved. Mr. Retzer referenced Figure 3 as illustrating the current zoning in the area. He discussed the new zones, MUE-1 and MUR-1. He said that both these zones created a minimum density of 50 units per acre. He indicated that 11 properties (as shown on Figure 2) were either entirely within or almost entirely within the floodplain. He argued that these properties in particular should not be up zoned. He cited CDC 17.797.120 as already allowing a density transfer for properties with water resource overlay districts. Mr. Retzer discussed up zoning as a discretionary decision by the community. He pointed out that up zoning could make property more valuable. He argued that no one had the right to increase density on his/her property. He contended that, by approving the up zoning, Tigard was setting itself up for either a waiver of ownership protection or a potential confrontation in court. Mr. Retzer argued that the sensible action to take in order to achieve the desired result of protection of the properties was to retain the current zoning. He held that restoring the wetland and floodplain would lessen existing flooding and water quality problems and provide valuable fish habitat. He referenced using Metro dollars to acquire the land. He contended that up zoning the land would so increase its value that the restoration would not occur. Mr. Retzer reviewed the incentives for protecting the environment that the Task Force claimed existed in the plan (page 70). He mentioned the limitation on the maximum density to 110% of the minimum density unless the property owner improved the natural resource. He argued that these incentives were minimal and likely to be ineffective. Mr. Retzer asked the Council to insure that all development in the area occur in a manner that was sensitive to the existing neighborhoods. He agreed with requiring infrastructure improvements to be in place before development. He mentioned the "infrastructure strategy" allowed under the Oregon + Revised Statutes. i Dr. Gene Davis, 1087 SW 89"' Avenue, Task Force member i Dr. Davis stated that in all the years that he and his wife raised seven children on this property, no one ever found a fish in Ash Creek. He indicated that the Bureau of Fisheries in its 1995 study f could not find fish in Ash Creek, Fanno Creek and Summer Creek. He mentioned that he was a retired veterinarian who operated the Main Street Pet Clinic for 35 years. Dr. Davis said that in 1986 he mitigated the wetlands on his property by transforming 6.5 acres of commercial property into a wetland habitat. He contended that the environmentalists liked what he did so much that now they wanted the entire property. CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 16 Dr. Davis argued that the variety of local, state and federal regulations already in place were sufficient to protect Ash Creek. He asked the Council to find that the landowners along Ash Creek had the same rights as any other citizen in Oregon. He questioned why they were selected to have their land taken away because environmentalists wanted to make their land into parks. He reiterated that he has already turned 6.5 acres of his property into a wetland. Dr. Davis discussed the Task Force process. He mentioned that almost everyone on the Task Force accepted the plan. He emphasized the number of meetings and the opportunities for everyone to make comments. He held that the Plan did address the terrible traffic situation in the area with mixed-use zones that would allow people to live and work in the same area. He cited the recurring flood problems on Thorn Street. He argued that proper mitigation fixed the flood problems. Dr. Davis encouraged the Council to pass the Plan as proposed. He questioned how they could proceed with development if the Council accepted the Planning Commission recommendation to endorse but not adopt the plan. o Sue Montgomery, Ash Creek Condo Homeowners Association Board Chair Ms. Montgomery stated that since 1981 she has seen wildlife and fish in the wetlands behind her condominium. She said that recently they have noticed less water in the pond and a reduction in the wildlife. She asked that the Council insure that their wetland was preserved. Pat Whiting, 8122 SW Spruce, CPO 4-M Chair Ms. Whiting discussed her concerns as a Metzger resident since January 1974. She disagreed with earlier comments that the Metzger residents have brought encroaching development and traffic congestion on themselves by moving out of the area. She questioned who was moving out, citing the many people who wanted to stay, including the elderly, young families, and people returning to the area. She emphasized that even the renters wanted to stay in the community. Ms. Whiting stated that they had open houses, not town meetings or workshops. She said that the wetlands in question were located within Tigard. She cited for the record the 12 statewide goals and any Comprehensive Plan policies and Tigard. Community Development Codes that pertained to the regional center plan. Ms. Whiting stated that the area identified in the staff report (page 13) for up zoning from 4.5 acres to 50 plus units per acre was the area south of Oak, between Greenburg and Hall, where the wetland was located. She concurred that the Metro Urban Growth Report Update (September 1999) did eliminate the 2040 up zone applied to neighborhoods, parks and open space lands, consistent with the preliminary compliance reports received from the local jurisdictions. Ms. Whiting said that Mr. Burton sent a letter supporting the regional center concept because the City had supposedly taken out the Metzger neighborhood. She stated That the Task Force moved the study boundary back from SW 801h to Hall at the community's request. She argued that the area west of Hall Blvd was still part of the Metzger community. She asked that the up zoning on the existing residential community be revisited. Ms. Whiting referenced a letter from Jim Grimes, Oregon Fish and Wildlife Department, and a letter from Ann Bier, State Floodplain Manager, to the Task Force discussing concerns about preventing marginal incompatible floodplain use and the consequences of developing in the Ash Creek area. CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 17 She said that these letters were not cited in the December 14 staff report. She spoke to looking at the earthquake issues before proceeding (noting the attached copy of an Oregonian article on earthquakes). Ms. Whiting addressed the issue of transportation. She said that the CPO opposed converting Hall Blvd to five lanes but supported a third lane. She referenced data from the Tigard Triangle indicating what would happen if development proceeded in the Triangle without the necessary transportation infrastructure. Ms. Whiting said that she also spoke for Steve Perry who could not attend the meeting tonight. She mentioned his experience with a wetland on Shady Lane turned into an office building parking lot. She commented that the water had to go some place and would back up into homes. Ms. Whiting urged the Council not to adopt the staff recommendation on the drainage facility policy (TDC 11.8.3). She argued that the language should make it mandatory (not optional) to have drainage facilities in place prior to large developments. Ms. Whiting urged the Council to allow greater citizen input. She conceded that many citizen comments were added to the Task Force report but the language changed so dramatically that the citizens in the area did not support the plan concept. She asked the Council to set Greenburg Road as the eastern boundary instead of Hall Blvd. She argued that pulling back the boundary centered the commercialization and high-density development in the mall area. She questioned whether there was sufficient parking available to accommodate the projected figures. She referenced a case last week in which Metro was called on its numbers. Ms. Whiting argued that pulling back the boundary to Greenburg would eliminate the pressure on the wetlands and floodplain south of Hall Blvd and eliminate the problems of the residential community (school impact and lack of parks) reflected in the plan. She noted the attempt to characterize the golf course and cemetery as open space but argued that people could not play in a cemetery. She said that the current 7-acre park already served a large population. She held that the City would need another two small parks to accommodate the additional 10,000 people proposed for the area. She questioned establishing a park on this wetland because it flooded extensively every 10 years. i Nick Moriniti, 8355 SW Hemlock Mr. Moriniti concurred with Ms. Whiting that, although the Task Force did incorporate citizen input into their report, not much action was taken. He agreed that the residents did want the boundary revised. He said that he moved to the Metzger area 10 years ago because of the open space feeling of the area. He held that the proposed plan would significantly affect the livability of the area. He turned in his written comments. Councilor Scheckla asked if Mr. Moriniti knew what plans there were for the Metzger School. Mr. Moriniti said that he had not seen anything specific in the report with respect to the Metzger School. d. Councilor Moore closed the public testimony portion of the hearing. e. Public Hearing to be continued to February 8, 2000, for Council Deliberation Councilor Moore reviewed the procedures for the continuation of the hearing. Mr. Monahan stated that the February 8 meeting would begin at 7:30 p.m. but the first agenda item was the Walnut Island annexation. CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 18 Ms. Whiting asked the Council to leave the record open for seven days to allow submittal of additional testimony. The Council discussed the request. Mr. Ramis advised the Council that there was no legal requirement to leave the record open in a legislative hearing; it was up to the Council's discretion. Councilor Patton spoke in support of leaving the record open. Councilor Scheckla asked why this was not a quasi-judicial hearing. Mr. Ramis explained that for large-scale changes affecting a wide area, the Council used a legislative procedure. He said that applying the law to one or two properties used the quasi-judicial process. He noted that the courts imposed this rule on the jurisdictions. Councilor Scheckla asked if they could pull out one area from the plan and treat it as a quasi- judicial matter while leaving the rest of the plan in the legislative process. Mr. Ramis said that Council had the discretion to modify the proposal and pull out pieces. He confirmed that the Council could treat these pieces in a quasi-judicial process if it chose to. Councilor Scheckla said that he would support leaving the record open for written, signed testimony only. The Council agreed by consensus to leave the record open for vvlitten testimony until 5:00 p.m. on Tuesday, February 1. Councilor Moore noted that the Council would hear no oral testimony at the February 8 meeting. 11. COUNCIL. LIAISON REPORTS Councilor Scheckla reported that the Washington County Community Development Block Grant Board would hear grant proposals tomorrow in Hillsboro. He mentioned that the program ran on a three-year cycle. This was the opportunity for the cities to bring in project for low to moderate- income people. He commented that out of a probable 45 proposals made, the Board only had money to fund 20 of them. The Council considered Agenda Item 10, Washington Square Regional Center Public Hearing, at this time. 12. NON AGENDA ITEMS: None. 13. EXECUTIVE SESSION: None. 14. ADJOURNMENT: 9:33 p.m. Attest: atherine Wheatley, City Record2k Brian J. Moore, Council President Date: 3 I ~lv0 1 AAD M\CATHY\C C M\000125. D O C CITY COUNCIL MEETING MINUTES -JANUARY 25, 2000 - Page 19 COMMUNITY NEWSPAPERS, INC. ~ Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9564 BEAVERTON, OREGON 97075 Legal Notice Advertising ® • ❑ Tearsheet Notice City of Tigard 1.3125 SW Hall Blvd. w ❑ Duplicate Affidavit Tigard,Oregon 97223 Accounts Payable i i AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss' 1, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of them; na- __T„a't a n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at T; card in the aforesaid county and state; that the 1/25/2000 t~ C~ Hi bl i ghtsIT'n al Cont-rar-t- RPVi pw Rnard a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: OFFICIAL SEAL Janau.ry 20,200_0 ~ SUZETTE 1. CURRAN f NOTARY PUBLIC-OREGON COMMISSION N0.329400 MY COMMISSION EXPIRES NOV. 28.2003 Subscribed and sworn to before me this 2ll u ry , 2 0 0 0 ~A-k-'L\Xax \ Notary Public for Oregon My Commission Expires: ,v.,,..,.,~,....;. ; AFFIDAVIT The•following t ttrig higidighti ere pl blidwd far,Yau infoi nation. Full agendas may be bbtained from the City i es~de'r, .13125,9.W. Hall ' Boulevard, Tigard, Oregon 97223, or by calling 6394171. TIGARD CITY COUNCIL j AND LOCAL CONTRACT REVIEW.BOARD MEETING January 25, 2000 - 6:30 P.M. TIGARD CITY HALL. - TOWN HAIL . . 13125.SW HALL BOULEVARD, TIGARD, OREGON, Study Session (6:30 p.m.) * Executive Session Business Meeting (7.p.m.) * Conduct Public Hearing: Washington Square Regional Center Receive Public Testimony. ,(Note: Written testimony: deadline,was l/12/OG.) * Consider Request for Tel&,6ii umcatio z Psanchise * Consider the Re-adoption of Fuichasing. Rules * Finalize Sewei Reimbursement DistricfNo'..I5;=:Beveland & Her- moso, - * Finalize Sewer Reimbursement District'g7o. 6 = 103rd, 404th & Del, Monte * Finalize:Sewer Relmbi seiuent District No 17 Omara'(near Hit: Street) * ronsidar i6biiebul 8Mks''lt.ftiic+~ 11` i3 bry;Comtuiittee.to Summer Lake Develop aWd b 7. 7 hm*l Al u milli COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9551 BEAVERTON, OREGON 97075 't Legal Notice Advertisling s e City of Tigard ® ❑ Tearsheet Notice 13125 SW Hall Blvd. O Tigard , Oregon 9 7 2 2 3 e ❑ Duplicate Affidavit *Accounts Payable o i AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' I, Kn i-by Snyder being first duty sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Ti as rd-mua 1 a+-i n Rimes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti Bard in the aforesaid county and state; that the bash. Square Piih1 i r- Tiaari ng/ PA1 Aq9-()OOn2-RAN-7OA a printed copy of which is hereto annexed, was published in the i entire issue of said newspaper for ONE. -successive and i consecutive in the following issues: OFF..CIAL SEAL January 6 , 2000 SUZETTE I. CURRAN i NOTA14Y P1Jm-w, OREGG,J COMPASS10N N0 329.-1 MY COMWSSION EXPIRES j4i' IV 2"' 1 Subscribed and sworn to before me this Cith A-a,%7 Qf January, 2000 Notary Public for Oregon My Commission Expires: AFFIDAVIT i~ The following will be considered by the TIGARD CITY COUNCIL ON TUESDAY, JANUARY 25, 2000, at 7:30 P.M. FOR PUBLIC TES- TIMONY at the Tigard Civic Center - Town Hall Room, 13125 SW Hall Blvd., Tigard, Oregon 97223. Both public oral and written testimony are invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.390 of the Tigard Municipal Code and any rules and procedures adopted by the Tigard City Council. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request, accompanied by statements or evidence sufficient to allow the Hearings Authority and all parties to respond on the request, precludes an appeal to the Land Use Board of Ap- peals based on that issue, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a com- ment is directed precludes an appeal based on that criterion. Further infor- mation is available at City Hall and may be obtained from the Community Development Director or City Recorder at the same location, or by calling (503) 639-4171. PUBLIC HEARING ITEM: CPA 1999-00002/ZON 1999-00001/7,OA 1999-00004 WASHINGTON SQUARE REGIONAL CENTER REQUEST: A request for approval of a legislative Comprehensive Plan map and development code language, rezone, and text amendments to the Tigard Development Code within the area designated as the Washington Square Regional Center. Specifically, the request includes redesignation from Low Density Residential, Medium-Density Residential, Medium- High Density Residential, Neighborhood Commercial, General Commer- cial, Commercial Professional, and Industrial Professional to the new designation of Mixed Use Commercial, Mixed Use Employment- I, Mixed Use Employment-2, Mixed Use Residential-1, Mixed Use Residential-2, and to the existing R-12 zone. The findings of this plan will be forwarded to Beaverton City Council, Washington County Commissioners, and Portland City Council for their approval. LOCATION: Generally, south and west of Hall Boulevard; north of Highway 217; the Nimbus Business Park area between Scholls Ferry Road and SW North Dakota; Cascade retail center south of Scholls Ferry Road and north of Greenburg Rold ZONE: CG (General Commercial), CP (Commercial Professional), CN (Neighborhood Commercial), IP (Industrial Professional), R-4.5 (Low- Density Residential), R-12 Medium-Density Residential, R-25 Medium , High-Density Residential, R-40 Medium High-Density Residential. AP- PLICABLE REVIEW CRITERIA: Statewide Goals 1, 2, 9, 10, 12, and 13; Oregon Administrative Rule 660-12; Comprehensive Plan Policies 1.1.1, 2.1,1, 6.1.1, 6.6.6, 8.1.1, 8.2.2, 9.1.1, 9.1.3, 12.1.1, and 12.2.1, and Community Development Code Chapter 18.22 and 18.32, Metro Func- tional Plan. ~ C~1';+l rt 1+++AtC _ e`~ i I' TT9551 - Publish January 6, 2000. CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, begin first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) 0 which were adopted at the Council Meeting dated % S ; copy(s) of said ordinance(s) being hereto attached and by reference.,made a part hereof, on the -day of 44°a bD 1. Tigard City Ball, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Library, 13125 SW Fall Blvd., Tigard, Oregon 3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon Subscribed and sworn to before me this day of 49'a00o OFRCiAL SEAL D L WISE NOTARY PUBUC OREGON Notary blic for Oregon COM' MISSION NO. 320882 MY COMMISSION EXPIRES FEB. 11,2003 My Commission Expires: ~ ~ ~ jOb ~ iAadm\jo\affpost. doc 1 . CITY OF TIGARD, OREGON ORDINANCE NO. 00-Ql AN ORDINANCE ESTABLISHING THE FRANCHISE OF ALL-PHASE UTILITY CORP., ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR TELECOMMUNICATION PURPOSES IN, UPON, UNDER AND OVER ThE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD, OREGON, AND TO CONDUCT A TELECOMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, The ten-year franchise for the communication facilities and services provided by All-Phase Utility Corp., described in the title of this ordinance is now before the City Council for approval. The Council believes that the franchise should be approved under the terms and conditions set forth in Exhibit A, attached hereto, and by this reference made a part hereof. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A, are hereby approved and adopted as part of this ordinance as if specifically set forth. SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council. SECTION 3. Because of the need to have stable telephone communication and the need to have a stable revenue flow to the City from franchise fees, an emergency is declared and this ordinance shall take effect upon its passage. SECTION 4. The City Council determines that the fee imposed by this franchise is not a tax subject to the property tax limitations of Article XI, Section 11 (b) of the Oregon Constitution. PASSED: By _UMITIt' ULVote of all Council members present after being read by number and title only, this day of 2000. Catherine Wheatley, City Record r APPROVED: This day of 000. 01 ~12 - James-Nee4i-,k4yw Approved as to form: Brian Moore, Council President ity Attorney n~ Date OR0 coo-o1 vv - 01 EXHIBIT "A" A franchise agreement between the City of Tigard and All-Phase Utility Corp. SECTION 1. Subject to the other terms and conditions set forth in this document there is hereby granted by the City of Tigard to All-Phase Utility Corp., (herein referred to as "Grantee"); its successors and assigns; subject to the development ordinances and regulations of the City, the right and privilege to conduct a telecommunications business within said City, -or such other public property as may come within the jurisdiction of the City during the term of this agreement for the purpose of furnishing, telecommunications services as defined in State and Federal Law. This grant includes the right to erect, construct, place, replace, reconstruct, lay, maintain, and operate poles, wires, switching equipment, amplifying equipment, fixtures, facilities, appliances, structures and other devices including, but not limited to, electronic, optical and mechanical devices customarily associated with Grantee's function, and purpose of serving as a telecommunications utility. This franchise is granted solely for the privilege of providing telecommunications services as defined by State and Federal Law. This franchise does not include the right to conduct the business of providing a "cable system" as defined in applicable law. Should the Grantee desire to provide a cable system within the City, it must comply with the City's regulations relating to cable communications in force at that time. SECTION 2. It shall be lawful for Grantee to make all needful and necessary excavations in any of said streets, alleys, avenues, thoroughfares and public highways. SECTION 3. The Grantee shall file with the City Engineer or designee maps and materials showing all proposed underground construction work to include the installation of additional facilities or relocation or extension of existing facilities within any street, alley, road or other public way or place within the corporate limits of the City. The City will review the materials submitted and notify the Grantee of any City requirements. For repair work or other work not considered underground construction as stated above, the Grantee shall, if possible, notify the City of the location and general description of the work before beginning work. All work shall be done in a reasonably safe manner taking into account City standard traffic control procedures and in accordance with requirements of applicable federal laws, state laws, or City ordinances. In emergencies, such filings shall be submitted within thirty (30) days of completion of emergency construction work. SECTION 4. When any excavation shall be made pursuant to the provisions of this ordinance, the Grantee shall restore the portion of the street, alley, road, or public way or place to the same condition to which it was prior to the excavation. All such work _ shall be done in strict compliance with the rules, regulations, ordinances or orders which may be adopted from time to time during the continuance of this franchise by the City Council or City Engineer or as may be otherwise provided by law. The City shall have the right to fix a reasonable time within which such repairs and restoration shall be completed and upon failure of such repairs and restoration being made by grantee, City shall cause such repairs to be made at the expense of grantee. SECTION 5. The Grantee hereby agrees and covenants to indemnify, save harmless and defend the City and its officers, agents and employees from any and all damages, costs and expenses or claims of any kind whatsoever, or nature, arising from any injury to persons or property by reason of the negligent act or omission of the Grantee, its agents or employees in exercising the rights and privileges granted hereunder and by this franchise. SECTION 6. The City, by its properly constituted authorities, shall have the right to cause the grantee to move the location of any pole, underground conduit or equipment belonging to grantee whenever the relocation thereof shall be for public necessity, and the expense thereof shall be paid by the grantee. Such charges shall comply with state statutes and administrative rules. Whenever it shall be necessary for public necessity to remove any pole, underground conduit or equipment belonging to grantee or on which any wire or circuit of the grantee shall be stretched or fastened, the grantee, shall, upon written notice from the City, or its properly constituted authorities, meet with the City Engineer and agree in writing to a plan and date certain to remove such soles, underground conduit, equipment, wire or circuit, at grantee's expense, and if the grantee fails, neglects or refuses to do so, the City, by its properly constituted authorities, may remove the same at the expense of the grantee. The costs associated with the removal, relocation or extension of Grantee's facilities at the request of a private developer or development shall be borne by such private developer or development. SECTION 7. All notices and approvals required under this Agreement shall be in writing. The Grantee shall provide the City with the name, position and phone number of Grantee staff that can be contacted for administration of this Agreement and for contact with construction-related questions and comments. Such notices and approval shall be directed to the City as follows: City Engineer, City of Tigard 13125 SW Hall Blvd., Tigard, Oregon 97223 (503) 639-4171 SECTION 8. Upon request of the City, the grantee shall provide available plans and locate any underground conduit or equipment belonging to grantee, as required for the preparation of construction drawings. SECTION 9. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the wires, cables or other plant of grantee for the passage of buildings, machinery or other objects, grantee shall temporarily rearrange, remove, lower or raise, its wires, cables or other plant as the necessities of the case require; provided, however, that the person or persons desiring to move any such buildings, machinery or other objects, shall pay the entire actual cost to grantee of changing, altering, moving, removing or replacing its wires, cables c,r uth~?r plan so as to permit such passage, and shall deposit in advance with grar,iee a sum equal to such cost as estimated by grantee and shall pay all damages and claims of any kind whatsoever, direct or consequential, caused directly or indirectly by changing, altering, moving, removing or replacing of said wires, cables or other plant, except as may be occasioned through the sole negligence of grantee, grantee shall be given not less than ninety-six (96) hours written notice by the party desiring to move such building or other objects. Said notice shall detail the route of movement of such building or other objects over and along the streets, alleys, avenues, thoroughfares and public highways and shall bear the approval of the City. Such moving shall be with as much haste as possible and shall not be unnec.essarily delayed or cause grantee unnecessary expense or waste of time. SECTION 10. In consideration of the rights and privileges hereby granted, grantee agrees to pay to the City five percent (5%) of the gross revenues derived from exchange access services, as defined in ORS 401.710 within the city limits less net uncollectibles. Such paynents shall be made to the City every six months for the life of this agreement on or before March 15 for the six month period ended December 31, and September 15 for the six month period ended June 30. Such 5% payment will be accepted by the City from the Grantee also in payment of any license, privilege or occupation tax or fee charged for regulatory or revenue purposes. The 5% payment is not accepted in satisfaction of payments due to City for the failure of Grantee to perform any of Grantee's obligations pursuant to this franchise agreement including but not limited to Grantees' obligations to bear the cost of repairs under Section 4 and the cost of relocation under Section 6. The City shall have the right to change the percentage of gross revenues set forth above at any time during the life of this agreement provided it has made such notice in writing at least 180 days prior to the effective date of any change. The City shall have the right to conduct, or cause to be conducted, an audit of gross revenues as defined herein. Such audits may be conducted at two year intervals beginning two years after the effective date of this agreement. The City shall conduct the audit at its own expense. Any difference of payment due either the City or Grantee through error or otherwise as agreed upon by both the City and Grantee, shall be payable within sixty (60) days after discovery of such error. SECTION 11. The rights, privileges and franchise hereby granted shall continue to be in full force for a period of ten (10) years from the date this ordinance becomes effective. It is understood and agreed that either party may terminate or renegotiate the terms of this agreement after 180 days notice in writing. This ordinance shall take effect and be in force on the day of its passage and approval. This ordinance shall be subject to any and all State or Federal laws and regulations. SECTION 12. The Grantee shall, within thirty (30) days of the effective date of this ordinance, file with the Recorder of the City its written acceptance of all the terms and conditions of the ordinance and if not so accepted by the Grantee, this ordinance shall be void. f!2 DATED this day of 00. CITY OF TIGARD OREGON, a Municipal Corporation By: _ • -hliagorda Ntcoti Council esident Brian Moore ATTEST: ~U Catherine Wheatley City Recorder I , , 3 a a ACCEPTANCE OF FRANCHISE WHEREAS, the CITY OF TIGARD, OREGON, under date of , 2000 passed ORDINANCE NO. , entitled as follows, to wit: AN ORDINANCE ESTABLISHING THE FRANCHISE OF ALL-PHASE UTILITY CORP., ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, EREOT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR TELECOMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD, OREGON, AND TO CONDUCT A TELECOMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. NOW, THEREFORE, the undersigned, All-Phase Utility Corp., the grantee named in said Ordinance, does for itself and its successors and assigns accept the terms, conditions and provisions of Ordinance No. and agrees to be bound thereby and comply therewith. IN WITNESS WHEREOF, All-Phase Utility Corp. has caused this instrument to be executed by its officers as below subscribed this day of , 2000. All-Phase Utility Corp. By Received by the City of Tigard this . day of .12000. r CITY OF TIGARD, OREGON ORDINANCE NO.00- AN ORDINANCE RELATING TO THE RE-ADOPTION OF THE CURRENT CITY PURCHASING RULES AS REQUIRED BY HOUSE BILL 2024. WHEREAS, State law mandates that all public contracts shall be based on competitive bid except as otherwise provided by law or the rules of the Local Contract Review Board; and , WHEREAS, Local Contract Review Board rules and procedures are necessary in order to carry out the State Law to ensure a fair and open contracting processed and to protect the City against litigation; and WHEREAS, House Bill 2024 approved by the Oregon Legislature requires all local government agencies to comply with the latest version of the Attorney General's Model Public Contracting Rules, unless the local government affirmatively adopts its own rules that expressly exempt the local government from the Model Rules; and WHEREAS, the City re-adopted it's purchasing rules on November 23, 1999 by Ordinance No. 99-30 so that those rules would remain in effect, and WHEREAS, The Oregon Attorney General adopted new purchasing rules on December 29, 1999 to be in effect January 1, 2000, and WHEREAS, unless the City once again re-adopts it's purchasing rules, under the terms of HB2024; the City will become subject to the December 29, 1999 State purchasing rules, and WHEREAS, it is to the City's advantage to maintain it's own purchasing rules because it provides greater flexibility and better reflects local purchasing practices. NOW THEREFORE; THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Attorney General's Model Public Contracting Rules do not apply to City purchasing. Section 2: The Tigard City Council, acting as the Local Contract Review Board, does hereby re- adopt the Local Contract Review Board Rules adopted by Ordinance 99-30, as the rules of the City of Tigard Local Contract Review Board. Section 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U 06 1 M 6ULS vote of all Council members present after being read by number and title only, this~-' day of , 2000. Catherine Wheatley, City Reco er APPROVED: By Tigard City Council this,=,',6 "I day of , 2000. Approved as to form: Brian Moore, Council President c LI; City mey Date i.Whywide\ordinanc.dot on[) 00 - 02 Agenda Item No. Meeting of a TIGARD CITY COUNCILI MEETING MINUTES - NOVEMBER 9, 1999 • STUDY SESSION > Meeting was called to order at 6:30 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; Asst. to the City Manager Liz Newton; City Recorder Catherine Wheatley; Planning Manager Dick Bewersdorff; Legal Counsel Jim Coleman; City Engineer Gus Duenas; Project Engineer Greg Berry • Bill Monahan, City Manager, advised the Council that staff wanted to switch Agenda Items #7 and #8. • Cathy Wheatley, City Recorder, introduced Greer Gaston, Deputy City Recorder, and reviewed her duties. • The Council discussed when to schedule the Council goal setting session since the two proposed dates of January 10 and 17 did not work for everyone. They agreed to check their calendars for Wednesday, January 12 or Thursday, Januaryl3. • Mr. Monahan and Council discussed the cardlock security system. Council members decided they would like City Hall building from 8 a.m. to 11 p.m., Monday through Friday. • Mr. Monahan advised Council that some people might address the issue of Summerlake at Visitor's Agenda in response to the newspaper article last week and staff's doorhanger notification of intent to remove the latest enhancement that the beaver made to his dam. He said that staff has not done anything yet because of neighborhood concerns. Mayor Nicoli asked if they could make arrangements for the State to remove the beaver. Ed Wegner, Public Works Director, explained that the Oregon Department of Fish and Wildlife had a long waiting list on animal removals. He indicated that staff could go through the US Department of Agriculture or use a commercial animal removal service. ` Mr. Monahan commented that he thought that the neighbors misunderstood and thought that staff intended to remove the entire beaver dam instead of just a portion of it. He indicated that the staff memo in the Council's packet framed all the issues up for discussion at next week's workshop meeting. He said that staff sent notices to 300 people in the Summerlake and Merestone areas and gave an additional 200 notices to Ed Halberg, Summerlake Homeowners Association President. The Council discussed the beaver dam. Councilor Scheckla pointed out that the City had to comply with federal regulations in this matter. Mr. Monahan spoke to discussing the entire situation in one context so that the neighbors could understand the City's dilemma. He °a mentioned a question of how soon the City had to comply with the regulations. CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 1 o Mr. Monahan reminded the Council of the Atfalati governance workshop scheduled for Wednesday, from 7 to 9:00 p.m. at Fowler Junior High School. He mentioned the police department survey information distributed to the Council, and Chief Goodpaster's upcoming November 16 address to the Chamber of Commerce on photo radar. > Discussion: Citizen Involvement Process Liz Newton, Assistant to the City Manager, reviewed her memo discussing the staff evaluation of the existing CIT process and suggested tools for enhancing City communication with the citizens. She noted that they had good CIT attendance for neighborhood issues and poor attendance for general information items. She mentioned conducting a survey of the CIT program to gauge people's opinions of it. She indicated that they would not hold a December or January CIT meeting due to lack of interest but they were looking at holding a Transportation Bond Open House at the February meeting. Ms. Newton discussed the Cityscape. She said that they did not propose any changes for it. She indicated that they would monitor the access of the Cityscape via the Internet in order to gauge when the appropriate time arrived to switch from the current method of mailing newsletters out to the entire city (24,000 newsletters) to a method combining a partial mailout with access via the Internet. Mayor Nicoli asked what the cost per piece was to mailout the Cityscape. He suggested sending people a card on an annual basis asking if they wanted to receive the newsletter over the Internet or a printed copy. He pointed out that, even at 25 cents per copy, they could save money with every person they converted to the Internet. Ms. Newton indicated that staff would research the per piece mailing cost. Ms. Newton reviewed the changes staff made in interacting with the news media. She said that, following her discussion with staff at the Oregonian Southwest Bureau, she would discuss potential stories with the reporter once a week and answer questions. She indicated that she followed the same process with Tigard Times reporter Jennifer Bent. She commented that if the newspapers did not receive detailed briefings in advance from the City on the issues, they often included inaccurate information in their stories. Ms. Newton mentioned that she received several phone calls a week now from people who checked the City webpage as a source of information. She indicated that many people have indicated that they liked the current webpage design and ease of navigation. She said that Nancy Lof, Information Processing Technician continues to attend training sessions on webpage construction. Mr. Monahan commented that Sergeant Karl Kaufinan reported at the CIT meeting that 120 people responded to his e-mail page asking for information on traffic problems. Ms. Newton reported that she heard that Tigard's application to install cameras in the Council Chambers was the number one priority request at TVCA. She mentioned that the cameras would not be operational until the spring. Councilor Scheckla asked how much money the City would have to put into the upgrade. Ms. Newton said that the TVCA grant would pay for the cameras but the City did need audio system improvements. She indicated that Paul deBruyn, Network Services, was investigating the costs and would have a dollar amount by the time they went to MACC. CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 2 Ming IN1111 ffin ME Mayor Nicoli asked staff to price integrating the City phone system with the sound system in order to facilitate a call-in comment feature during meetings. He mentioned using Internet technology also. Councilor Scheckla questioned using a call-in feature because the same people might dominate the phone lines. Mr. Monahan pointed out that it was the City's responsibility to monitor the calls. Mr. Wegner explained how a monitoring feature worked to screen calls. Councilor Scheckla asked if they would have to hire an additional person to monitor the calls. Councilor Moore requested staff to gather sufficient information for Council to make a decision. Councilor Hunt suggested finding a way to videotape the faces of the audience instead of only their backs. Ms. Newton mentioned staff s intent to communicate clearly to those making presentations before the Council exactly what tools they had available in the Council Chamber with which to make those presentations. Ms. Newton mentioned her involvement in an organization called 3CMA (City County Communications and Marketing Association), a source of new ideas on how to communicate with citizens. She indicated that staff has decided to develop a Communication Plan for staff to use in communicating with citizens. She said that it would include sections on the most appropriate form of notification, webpage and Cityscape content, working with the media, project presentation tools, etc. She discussed the "Community Connectors" program that staff has advertised in the Cityscape, looking for people who would like to be a community connector for their neighborhood. Mayor Nicoli described the City webpage as behind private industry in terms of webpage content. He spoke to looking into the percentage of people who accessed the Internet versus those who had local cable. He discussed a complaint he has heard with respect to the City website: the inability to access a specific piece of information in the Code without downloading the entire Chapter. He suggested looking at the cost of broadcasting City meetings over the Internet as well as broadcasting via cable. Ms. Newton mentioned the new AT&T service "At Home" that sent cable over the Internet using the television set as the monitor. Mayor Nicoli reiterated the need to check into the costs of using Internet technology versus cable TV technology. He spoke to hiring professionals to look into how the City could take full advantage of Internet technology as a means of communicating with its citizens. He asked staff to prepare proposals for the Budget Committee next spring. Ms. Newton mentioned that those interested in serving as community connectors also indicated an interest in receiving information via e-mail as opposed to hardcopy. Councilor Patton commented that she thought that the City has come a long way in the past year in creating a usable webpage and finding creative ways to communicate information to citizens. She said that she thought it was prudent for the City to look at its options and opportunities to enhance its system using Internet technology because of its future potential. She pointed out that a lot of people with access to the Internet at this time were not sophisticated users of the technology but rather "push one button" users. Councilor Scheckla asked how staff reached the citizens who went south for the winter. Ms. Newton said that if someone requested staff to mail the Cityscape to them in the south, staff did so. CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 3 man -1 NIGH 111111ommi > Update: 79`h Avenue Improvement Ballot Process Councilor Patton reported on the results of the 79"' Avenue Improvement ballot. She said that the Executive Committee sent out 251 ballots with a little less than a 40% return rate. 90% of the 40% returned rejected the City's offer. She observed that one way to interpret the results was that those who did not return the ballots were ambivalent about the improvements. She remarked that a few people have mentioned to her an intimidation factor from the SW 79`h Avenue group. She pointed out that the 79`h Avenue group was aggressively and adamantly opposed to the City's proposed design and did not feel that the City negotiated with them as it should have. Councilor Patton mentioned her concern that, although the ballots represented a minority, active opposition to one project in the Transportation Bond could affect the marketing of the bond. She mentioned another concern that perhaps the adjacent neighborhoods have not had the opportunity to make their comments known. She reported that at their last meeting the Transportation Bond Task Force discussed implementing a more extensive public involvement process for the transportation projects. She explained that this was in response to citizen comments that only one opportunity to hear the information and make comments did not give them sufficient time to process the information. Councilor Patton said that the Task Force has decided to postpone submitting its recommendation to the Council until after it held two to three more public meetings scattered throughout the community. She indicated that both she and Councilor Moore supported keeping the 79`h Avenue project on the list of proposed bond projects until after completion of the public involvement process. She suggested notifying the neighborhoods adjacent to the 79"' Avenue neighbors of the public meetings so that they could have an opportunity to make comments. Councilor Patton said that, following the public comment process, the Task Force would evaluate the comments received. She indicated that she and Councilor Moore would look more closely at the comments for and against the 79`h Avenue project and bring the issue back to the Council. Councilor Scheckla reported that several homeowners from 79`'' Avenue approached him to voice their strong opposition to the project and intent to vote no on the transportation bond if the bond included that project. He indicated that their reason was lack of trust of the City. Councilor Moore commented that lack of trust was not an issue; the neighbors did not want sidewalks and bike lanes. He described those issues as safety issues and non-negotiable. Councilor Patton stated that she and Councilor Moore were aware of the strong opposition to the project but they wanted to give everyone the opportunity to have their comments heard. She concurred that an active organized opposition to one project might do a disservice to the total transportation bond measure process. She said that she still felt strongly that, whether it was a design or a safety issue, there has not been sufficient opportunity for all the people to have a say on all the projects, including the 79`h Avenue project. Councilor Scheckla indicated his support of the Task Force's direction. Councilor Hunt asked if the City would still make improvements to the street if the Task Force did not include the project in the bond. He commented that he did not want the neighbors to intimidate the City. Mayor Nicoli pointed out that the City's offer had been to release the 79`h CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 4 Avenue neighbors from their contractual obligations to contribute financially to the improvements, and to have the whole city pay for the project through the transportation bond measure. He said that, with a withdrawal of the project from the bond, that offer went off the table, and the neighbors were once again responsible to pay for the street improvements. Mayor Nicoli questioned why the opposition group was able to convince the off-street neighbors. Councilor Moore commented that he believed that 60% of the people had no problem with the project. He referenced his experience on the Planning Commission and City Council in stating that those who were ambivalent or unconcerned about a project would not testify at a meeting while those who strongly opposed a project would testify. Mayor Nicoli mentioned his personal goal to put projects on a November 2000 bond that they could sell to the community. He said that this project did not meet the criteria of a sellable project because of the opposition. He indicated that in the future the Council would have to enforce the current conditions and make the road improvements. He observed that that would be a much more unpleasant situation, but that was what the people have asked the Council to do. Mayor Nicoli stated that he did not support doing nothing on the road. He mentioned the City's installation of a street light on Durham Road to help kids from this neighborhood cross the street. He said that he did not buy the argument that the neighbors did not want sidewalks to allow kids to walk down the street to reach that intersection. Councilor Patton said that the neighbors have changed their complaints from sidewalks to bike paths. She observed that every time she had thought that they were close to an understanding of what the group really wanted, the group targeted something else as a problem. Mayor Nicoli concurred. Councilor Moore concurred with Councilor Patton's comments. He indicated that the "moving target" concern was part of the reason why they decided to hold more open houses and educate the neighbors as to what the City was offering. He commented that someone has convinced the neighbors that the City was not telling them the truth with respect to its offer on speed bumps and the LID. He said that, when he asked people point blank what the Council's motive was for installing the street, no one could cite anything other than the reason given by the Council - installation of a safe street for the city. He reiterated the need to educate the people with respect to the Council's intentions. Mayor Nicoli concurred. Councilor Patton advised the Council that she intended to tell Mr. Preston when he called her tomorrow that the Council saw no need to have continued discussions with the 79°i Avenue Executive Committee. The Task Force has decided to provide more public involvement opportunities for everyone to participate in. > Update: Park and Recreation 'T'ask Force Mr. Wegner asked those Councilors not attending the governance workshop tomorrow night to turn in their written responses to the questionnaire to him for forwarding to Cogan Owens & Cogan. Mr. Wegner listed the participants in the study: Tigard, Sherwood, Durham, Tualatin, Tigard- Tualatin School District, and Sherwood School District. He mentioned a 15 person steering committee with representatives from all participating jurisdictions. He said that he and Mayor CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 5 Nicoli served on the committee with Jeff Munro filling in for him when necessary. He indicated the area of the study on the map. In response to a question from Councilor Scheckla, he said that, while the Steering Committee has not had perfect attendance, it did get a good cross section at every meeting. Mr. Wegner mentioned the public meeting held with the Tigard Task Force. He discussed an early concern of the Council that the Task Force might focus on ballfields and youth sports activities. He cited the phone survey results finding that youth sports improvements were sixth on the list of priorities as evidence that the Task Force did not do so. Mr. Wegner reviewed the process schedule. He said that between now and February each jurisdiction would decide by resolution whether or not it was interested in a parks and recreation district. He mentioned a decision on the governance structure and the development of a first and third year budget for presentation to the County Commissioners by the end of March 2000. Mr. Wegner reviewed the results of the telephone survey of 406 respondents conducted by Raleigh & Associates, the contractor hired by Cogan Owens & Cogan. He noted that the Tigard and Tualatin residents included people within the school district boundaries but not the cities' boundaries. He said that 80% of the respondents supported the creation of a parks and recreation district. He pointed out that the top five activities mentioned by the respondents were the same as the top five activities identified in Tigard's parks & recreation master plan: bike and nature trails, nature areas, youth centers, aquatic parks, and indoor activity centers. Mr. Wegner mentioned that the data gathered in response to the finance questions indicated that the district could assess a tax range of $75 to $195 per year per household. He stated that 48% of the retirees remained opposed to the district. Mr. Wegner reviewed the goals developed by the Steering Committee in response to the phone survey results and the public input received at the public meeting. These included developing new facilities, standardizing, improving and maintaining existing community facilities, formalizing and/or developing athletic and non-athletic programs, coordinating existing programs, and promoting the development of the regional trail system and open spaces. Mr. Wegner stated that the district would focus primarily on developing, coordinating, and maintaining community recreational facilities, such as community centers, regional athletic facilities, and aquatic facilities. He explained that the cities had the option to retain responsibility for their public parks and trail systems. He noted that the district's philosophy would be not to take over neighborhood parks but it would take over athletic fields at a jurisdiction's request. r Mr. Wegner reiterated the options available to the jurisdictions: retaining ownership of all public parks or turning over regional parks to the district. He mentioned a possible tax rate of 83 cents per $1,000 (based on a $24 million capital improvements plan). He said that the plan included a new community center each for Tigard and Tualatin, land acquisition, expansion of the Sherwood YMCA, completion of Sherwood's sports complex, trails for Durham, and the financial package to build the Tualatin pedestrian bridge crossing to connect Cook Park, Tualatin Park and Durham Park. CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 6 Mr. Wegner said that the proposed operating budget for the recreation programs, capital outlays and facility maintenance was $3 million. He mentioned the Tigard-Tualatin School District's interest in transforming the two aquatic centers on the high school campuses into community pools. Mr. Wegner informed the Council that he would return in December for the Council decision on whether or not to continue with Phase 2 of the study (fine-tuning the rough budget and cost estimates of Phase 1). He said that the Council's decision would indicate whether it supported a recreation district or a parks and recreation district. He reiterated that they needed a resolution of support from the Council in mid-February to move forward at that point. Mayor Nicoli reviewed the two major options for the governance of the district: the City Councils maintaining control by appointing the District Board members or a general election of Board members (either at-large or by district). He mentioned that Tualatin appeared to support the Councils retaining control. He said that he did not know where Sherwood stood and he was on the fence because he could see advantages and disadvantages to both systems. He pointed out that picking an option at this time did not mean that it could not be changed in five to ten years. Councilor Scheckla commented that Tualatin just came back in. Mr. Wegner explained that Tualatin liked the option of retaining ownership of their own facilities with the district only taking over the larger facilities. > Preview: Proposed Police Substation Intergovernmental Agreement between Tigard- Tualatin School District and the City Ron Goodpaster, Police Chief, previewed a proposal to install an 8x10 structure in the senior parking lot at Tigard High School to serve as a 24 hour seven day a week police substation. He explained that officers assigned to that area of town could use the space to complete paperwork, computer work, and interviews. He noted that this also provided an additional police presence at the high school to work with the School Resource Officer currently assigned there. Chief Goodpaster said that the school agreed to provide for the maintenance of the facility, communication lines, electricity and inclusion into their alarm system. He indicated that if the District ever wanted exclusive use of the building during a 10 year period, the City has agreed to a depreciation schedule over a 10 year period. He said that the cost to the City was half the cost of the structure installation or $16,000 (available in existing funds). Chief Goodpaster noted that this was one of three substations that the department was installing around the city in order to keep the officers in the neighborhoods. He said that they installed a computer backup in the Washington Square area for a substation and were looking in the Walnut area at the west end of town for a location for the third substation. Councilor Hunt asked if the SRO would continue his current duties. Chief Goodpaster said yes. Councilor Scheckla asked if Tigard was the first city to use substations. He questioned their effectiveness if other communities did not use them. Chief Goodpaster indicated that Tigard was a trendsetter in this matter. Councilor Moore mentioned the community policing program in Portland that used substations outside the normal precinct areas. CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 7 Councilor Scheckla asked if the officers using the school substation would go to places beyond the school area. Chief Goodpaster explained that the substation served the district area in the south end of town. He said that the substation allowed the officers to do their paperwork, etc., in their district rather then having to come downtown to use the main office. > Mayor Nicoli adjourned the study session at 7:46 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7:50 p.m. 1.2 Roll Call Councilors Brian Moore, Mayor Jim Nicoli, Joyce Patton, Ken Scheckla, and Paul Hunt were present. 1.4 Council Communications: None 1.5 Call to Council and Staff for Non-Agenda Items: None Mr. Monahan noted the switched order of Agenda Items 7 and 8. 2. PROCLAMATION: DESIGNATE NOVEMBER 8-15,1999, AS RECYCLING AWARENESS WEEK Mayor Nicoli stated that he would sign the proclamation later this evening. 3. VISITOR'S AGENDA Jack Polans, 16000 SW Queen Victoria Place, King City Mr. Polans read a letter asking several questions on the Tigard City Council's actions with respect to its drinking water source and the mixing of drinking water from different sources. Mayor Nicoli explained that the Council was not prepared to answer policy questions on which it has not yet made a decision. He asked Mr. Polans to submit his technical questions in writing to staff for their response. 4. CONSENT AGENDA Councilor Scheckla asked to pull Item 4.6. Motion by Councilor Hunt, seconded by Councilor Moore, to approve the Consent Agenda, pulling Item 4.6. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 8 MEMO 4.1 Approve Council Minutes: August 24, September 14, 21, and 28, 1999 4.2 Receive and File: a) Tentative Agenda b) Council Calendar c) Y2K Update 4.3 Appoint Greer Gaston as Deputy City Recorder - Resolution No. 99-70 4.4 Approve Intergovernmental Agreement with !Washington County Recycling Cooperative for Year 10 - Resolution No. 99-71 4.5 Approve Budget Adjustment No. 4 to Fiscal Year 1999/00 Budget to Pay the Costs of the September 21, 1999, Special Election - Resolution No. 99-72 4.6 Approve the Annexation of Urban Reserve Area 49A into Metro's Jurisdiction and Inclusion of Area 49A into the Urban Growth Boundary-No. 99-73 4.7 Local Contract Review Board a. Award Contract for the Construction of Hoodview Drive and Bull Mountain Road Storm Drainage Improvements to Pipe Dreams, Inc. b. Approve Purchase of Five Police Vehicles - Two Sport Utility Vehicles and Three Ford Sedan Full-Size Crown Victorias from Damerow Ford Company (State of Oregon Contract Price Agreement) Consent Agenda - Items Removed for Separate Discussion 4.6 Approve the Annexation of Urban Reserve Area 49A into Metro's Jurisdiction and Inclusion of Area 49A into the Urban Growth Boundary-Resolution No. 99-73 Councilor Scheckla asked if this property would be inside or outside the city limits. He asked how they would handle the financing of the infrastructure for this area. Mr. Monahan stated that these properties were located some distance to the west of the city limits. He explained that Metro was asking to include these areas within Tigard's area of interest so that annexation could occur at some point in the future. He said that they had no idea of what the infrastructure cost would be because no master plan yet existed for these areas. He noted that it would be the responsibility of the property owners at the time of development to pay their fair share of infrastructure costs. Councilor Scheckla commented that other cities in the region had gotten "more tight" before they took areas outside the reserve area. He asked if Tigard was initiating this ahead of other cities. Mr. Monahan indicated that he did not think so. He explained that this was a preliminary step on Metro's part to include such areas in the urban reserves. Motion by Councilor Moore, seconded by Councilor Patton, to adopt Resolution No. 99- 73. Motion was approved by majority voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Patton voted "yes." Councilor Scheckla voted "no.") [4-1] CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 9 5. UPDATE ON TREES 2000 e Staff Report Jeff Munro, Parks Supervisor, introduced Mark Touhey, City Arborist. He used a PowerPoint presentation to report on the status of the Trees 2000 project. He said that the City has planted a total of 3,114 trees to date (ranging in size from seedlings to six inch caliper). He noted that this did not include the 2,965 trees planted by the Fans of Fanno Creek at Englewood Park. He mentioned the over 3,200 hours donated by 1,000 volunteers in planting trees in the City's parks and greenways. Mr. Munro stated that staff hoped to near the end of Phase 1 of the program in 2000 (trees in parks and greenways) and begin Phase 2 (trees on school property and street right-of-ways). He observed that Phase 1 would be an ongoing effort. He reviewed the list of parks where staff planted trees, including the Canterbury site, the new park site off Northview, and Jack Park. Mr. Munro reviewed future program goals, including revising the street tree ordinance to address post-construction plantings and revising the current street tree list. Mr. Touhey presented a series of slides illustrating the most recent projects. These included the detention pond on Walnut and 135'h, trees along the edge of the wetlands in Cook Park to buffer the area from the athletic fields, trees at the Canterbury water site to mask unsightly storage buildings, 135"' Avenue, the larger trees at Summerlake Park, and a native planting at Cook Park. He thanked the volunteers for their work and support of the project. Mr. Touhey commented that people had to replant the native trees lost through time, storm damage and park development because the native tree groves did not regenerate themselves. He mentioned the need to monitor the trees for safety reasons and maintenance of a healthy stand of trees. He noted that Jack Park (having no trees) served as a good example of a park that could be improved by tree plantings. ® Council Questions and Comments Mayor Nicoli asked about the element of the Trees 2000 project to plant a grove of trees on elementary school property for use as an outdoor lab where an arborist could work with the kids to care for the trees. Mr. Touhey said that the program has not gotten to that point yet. Mr. Munro mentioned working with groups at Fowler Junior High to plant trees along the creek. He said that they would develop an internal plan when, they reached Phase 2, schools and street trees. Mayor Nicoli asked if staff would find it helpful for the City to hire a consultant to develop a master plan for street tree replacement and plantings in both the old and new subdivisions. He pointed out that trees in the older subdivisions were damaging the sidewalks and curbs while some of the new subdivisions had no street trees. Mr. Munro said that if they received additional staff at budget time to help Mr. Touhey with such a program, then they could look at doing it internally. He observed that developing a street tree replacement and plantings program was a lot to ask Mr. Touhey to do when he was the sole staff person working in this area. Mayor Nicoli suggested using funds from the dedicated tree fund (money paid by developers who cut down trees) to finance a consultant and the program. CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 10 nil IN11MM S °dT Mr. Wegner reviewed the ongoing staff work that fell under Phase 2. He mentioned that right now City staff worked with the school principals on planting projects. He referenced Mary Woodard Elementary School where staff worked with the school administration and a strong parents volunteer group to complete a planting project. He noted that Mr. Touhey has done a good job in working with neighborhoods to address street tree problems and replanting (maintenance of trees in the right-of-way was the responsibility of the adjacent property owner). He indicated that Planning Director Dick Bewersdorff and Mr. Touhey reviewed site plans and planting of the proper kind of trees. _ Mr. Wegner stated that staff intended to keep the program moving forward but he was not certain that they wanted a consultant to conduct a city-wide survey of street trees. He explained that they looked at the subdivisions one by one and provided whatever assistance Mr. Touhey needed in working the street tree problem, including hiring an outside consultant when necessary. He indicated that they have allocated money both in the parks maintenance budget and the community development budget over the last couple of years for this work. Councilor Scheckla suggested hiring another employee as opposed to hiring a consultant. Mayor Nicoli agreed that that was also an option. He asked staff to let the Council know what they needed for their subdivision street tree work, mentioning that the budget cycle started in February. Councilor Hunt asked how much money was in the dedicated tree fund. Dick Bewersdorff, Planning Manager, stated that the fund had a balance of $180,000 (adding interest earned and subtracting the $5,000 spent replanting trees). He pointed out that with this money the City had an opportunity to plant larger trees, both on streets and along stream corridors, than it might otherwise have been able to do. He spoke to revising the street tree ordinance in order to ensure planting of the right kinds of trees. He mentioned that the fund included over $10,000 worth of caliper inches coming out of commercial development while the amount for residential development was $2,300. Councilor Hunt asked if the City had to spend the money in the same area that it came out of. Mr. Bewersdorff confirmed that they did not write the program that way. He said that it was a general fiend relating to the dedicated planting of trees. Mr. Monahan mentioned a program benefit to the City in that volunteers loved to plant trees, and fi•equently became involved in other projects as a result. 6. NAMING OF NEW NEIGHBORHOOD PARK • Staff Report Mr. Monahan said that staff had originally recommended the name "Mountain View Park" based on extensive discussions between Mr. Roberts and the Castlehill neighborhood. He explained that today Wendy Reed from the Castlehill Homeowners Association advised staff that their Board preferred "Northview Park." He said that she cited concerns over potential confusion resulting from the use of the name "Mountain View" by other parks in the Portland metro area. He pointed out that "Northview Park" was the second name on the staff list of recommended names. CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 11 ® Council Comment and Consideration Councilor Moore mentioned that he had had the same concern with the popularity of the name "Mountain View." Councilor Patton concurred that "Northview" was less confusing. Motion by Councilor Hunt, seconded by Councilor Moore, to name the park "Northview Park." Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] 7. CONSIDER FUNDING INCREASE TO THE NEIGHBORHOOD AND COMMERCIAL AREA SEWER EXTENSION PROGRAM ® Staff Report Gus Duenas, City Engineer, stated that staff had projected an amount of $500,000 for the Neighborhood and Commercial Area Sewer Program for this fiscal year (out of the $3 million appropriated for sanitary sewer projects). He explained that, with the two carryovers from last year and the two major projects done in conjunction with road projects (Walnut at Tiedeman and Beveland), their expenditures in this program totaled almost $800,000. He asked the Council to raise the level allocated to this particular program from $500,000 to $900,000 to allow completion of the projects already identified. He indicated that this request did not require a budget adjustment because they were re-assigning money within the $3 million allocated to sanitary sewer projects in general. e Council Comment and Consideration Councilor Moore commented that this was a worthwhile program that has proven to be very successful. He indicated his support of the request. Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt Resolution No. 99- 74. The City Recorder read the number and title of the resolution. RESOLUTION NO. 99-74, A RESOLUTION TO INCREASE THE NEIGHBORHOOD AND COMMERCIAL AREA SEWER EXTENSION PROGRAM FUNDING LEVEL. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] 8. PUBLIC HEARING (INFORMATIONAL) - FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 17 ALONG SW O'MARA STREET NEAR HILL STREET a. Mayor Nicoli opened the public hearing. a b. Summation by Engineering Department CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 12 Greg Berry, Project Engineer, stated that Reimbursement District No. 17 was the ninth district of the Neighborhood Sanitary Sewer extension program, bringing the total number of sewer connections up to 117. He reviewed on a map the location of this district on O'Mara and Hill Streets providing service to five lots. He stated that, in order to expedite the project, staff already went through the bid process with a low bid of $31,705. He said that the total district fee (including the administration fee) came to $35,985 or $7,200 per lot with the final cost determined after completion of construction. c. Public Testimony • Resident at 9370.0'Mara Street Resident stated that she has had serious drainage problems over the past six years since the house was built on the lot "kitty-corner" behind her lot. She said that a contractor informed her that her drain field was saturated and that replacement would be very expensive. She spoke in support of the district. Mayor Nicoli commented that the Council supported the neighborhood sewer extension program wholeheartedly. He noted that, although the sewer would help with a failing drain field, it would not necessarily help with subsurface runoff from a neighbor's house. • Resident at 9320 O'Mara Street Resident indicated that he had the same problems as the previous speaker with his drain field becoming saturated during heavy rains. In response to the resident from 9370 SW O'Mara Street, Mr. Berry responded that eventually the line could be extended down O'Mara. Councilor Scheckla asked if the neighbor whose house caused a drainage problem could connect to this sewer line. Mayor Nicoli pointed out that the neighbor's problem related more to storm drainage than it did to sewer. Councilor Hunt spoke to staff finding out whether or not it would be feasible for the City to deal with the storm drainage problem at the same time as it relieved the sanitary sewer problem. He commented that addressing the two problems at the same time would probably be cheaper than waiting five years to fix the drainage problem. Mr. Berry said that the sewer installation was unlikely to help any drainage problems in the t neighborhood. Mayor Nicoli asked staff to put this situation on their list of storm drainage projects for consideration. Mr. Duenas explained that staff used a contingency of $40,000 to fund the storm sewer major maintenance program which addressed problems solvable with relatively small amounts of money. He pointed out that storm drainage was a lot more expensive to put in than sewer. He said that they would look at this problem. CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 13 101 Nil Councilor Scheckla asked what the difference was between this project and the project approved by Council tonight (Item 4.7a) up on Bull Mountain Road and SW 144"'. Mr. Berry said that Item 4.7a was a drainage project whereas this item was a sanitary sewer project. He explained that the County provided the City with $100,000 for the storm runoff project and the paving projects in that area. Mayor Nicoli noted that another gentleman signed up to testify. Mr. Berry stated that he answered the gentleman's questions before the meeting; the gentleman then went home to watch the meeting on cable. d. Recommendation by Staff Mr. Berry recommended approval of the resolution to form the district. e. Council Questions or Comments E Mayor Nicoli closed the public hearing g. Consideration by Council: Resolution No. 99-75 Motion by Councilor Scheckla, seconded by Councilor Hunt, to adopt Resolution No. 99- 75. The City Recorder read the number and title of the resolution. RESOLUTION NO. 99-75, A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 17. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] 9. CONVENE AS LOCAL CONTRACT REVIEW BOARD TO CONSIDER CONTRACT WITH CRESTVIEW CONSTRUCTION FOR CONSTRUCTION OF SW O'MARA STREET SANITARY SEWER e Staff Report Mr. Berry explained that this item awarded the construction contract to construct the sewer for Reimbursement District No. 17. Council Consideration Motion by Councilor Moore, seconded by Councilor Hunt, to approve contract award to Crestview Construction for $31,705 for the O'Mara sanitary sewer district. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 14 10. FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 12, INSTALLED NEAR SW JOHNSON STREET AND SW 106TH AVENUE Staff Report Mr. Berry stated that the Council formed this reimbursement district by Resolution 99-15 on March 9, 1999, to provide service at Johnson Street and SW 1061' Avenue. He reported that the total final cost of the improvements (including the administration fee) came in at $50,308.38. He said that a property owner's contribution would be $5,597.82 if he completed connection within one year of today. He mentioned that, other than adjusting for final costs, the engineer's report was unchanged from when the district was formed. o Council Consideration Motion by Councilor Moore, seconded by Councilor Scheckla, the formation of Reimbursement District No. 12, as modified by the final engineer's report. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] 11. FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 13, INSTALLED NEAR SW INEZ AND SW 10TH AVENUE o Staff Report Mr. Berry stated that the Council formed this district by Resolution 99-47 on June 22, 1999, to provide service to seven properties. He mentioned that, since that time, the property owners of the lots at 14480 and 14530 SW 103rd requested inclusion in the district. He indicated that the final cost of improvements (including the administration fee) was $93,802.67 or $10,422.52 per property owner. He said that the engineer's report was revised to show the final fee and the addition of the two lots. o Council Questions Councilor Scheckla asked why this resolution and the previous one had two different dates by which the property owners would pay the stated amount upon connection. Mr. Berry explained that the $8,000 cap did not apply to Reimbursement District No. 12, and the owners had until November 8, 2000, to pay the stated assessment before it increased due to the annual increase of 6.05% simple interest. He said that the property owners in Reimbursement District No. 13 had until the anniversary date of the final assessment (November 9, 2000) to pay the $8,000 cap. e Council Consideration Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt Reimbursement District No. 13. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 15 12. CONSIDER ORDINANCE TO AMEND TIGARD MUNICIPAL CODE CHAPTER 10.28 TO CHANGE DEFINITIONS OF "PARKING" AND "PARKED" TO BE CONSISTANT WITH STATE LAW 9 Staff Report Chief Goodpaster stated that the City Attorney reviewed the City's parking ordinances and recommended updating the City's definition of "parking" in order to eliminate conflicts with state law and to allow the City to fully utilize its existing ordinance. v Council Consideration Motion by Councilor Moore, seconded by Councilor Hunt, to adopt Ordinance No. 99-28. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 99-28, AN ORDINANCE OF THE CITY OF TIGARD, OREGON, AMENDING CHAPTER 10.28 (PARKING) OF THE TIGARD MUNCIPAL CODE. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] 13. CONSIDER ORDINANCE AMENDING TIGARD MUNICIPAL CODE TO ALLOW WORK ON PUBLIC FACILITIES, UNDER CERTAIN CIRCUMSTANCES, THAT WILL EXCEED MAXIMUM NOISE LEVELS. THE ORDINANCE ALSO UPDATES WORDING TO REFLECT THE CHANGE IN TITLE TO "CITY MANAGER" AND MODIFIES WORDING TO REFLECT GENDER NEUTRALITY. s Staff Report Mr. Monahan recalled that staff briefed the Council at its October 19 workshop meeting with respect to this request by ODOT to allow it to conduct its grinding and paving project of Hwy 99W at night as opposed to during the day when it would tie up traffic on the highway. He said that Council directed staff to develop an exemption process that would apply only to major construction projects of this type. Mr. Monahan reviewed the four exemption criteria developed by Ms. Wheatley and Mr. Coleman (City Attorney's Office) to apply in these situations. The criteria were that the applicant had to map the project noise impacts and explain how he would address and control those impacts, he had to provide special consideration and mitigation for noise sensitive land uses, he had to outline his public notification plans, and he had to provide the City and the public access to a 24 hour telephone number for information and complaints during the project. Mr. Monahan said that the project would run from early 2000 through the end of September with the actual grinding beginning in late spring. He introduced the ODOT representatives, Walt Bartel and Kathy Conrad, with whom staff has been meeting. He reported that ODOT has already made contact with each of the identified noise sensitive land uses to discuss the project and found that the people supported doing this project at night. CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 16 A Walt Bartel, ODOT, described this preservation project for Hwy 99W which started from the Portland city limits and ended at the Tualatin River. He pointed out that they needed variances from four jurisdictions to complete this project. He reviewed the scope of the project that would repair the road base and overlay the existing roadway with new pavement. He mentioned that they would restore the existing islands to their current configuration as well as repair any damaged traffic signal loops. He indicated that they would also stripe for bike lanes. Mr. Bartel reviewed reasons why working on Hwy 99W during the day was not a good idea. These included removing two traffic lanes from use by the at-capacity traffic volume of 53,000 to 56,000 vehicles per day. He asked that the City allow the contractor to work an eight hour shift from 9:00 p.m. to 6:00 a.m. Mr. Bartel discussed their work with the 17 identified noise sensitive land uses. He said that the responses they heard from 15 of the property owners indicated support for doing the work at night. He referenced the handout summarizing ODOT's reasons for requesting to work at night and the property owner comments. He reviewed their public information plans, including flyers notifying the people along the corridor about the intent and timing of the project, a 24 hour telephone information line, and a website. Mr. Bartel stated that they anticipated a construction and noise level of 90 decibels (based on their noise meter readings). He said that was equivalent to a motorcycle going down the street. He pointed out that the project would continually move down the road with the noise level gradually increasing and decreasing in a given area as the equipment moved away. He indicated that, although they did not know at this time exactly how the contractor would stage the work, they expected him to treat each lane separately. He said that meant five to six passes each for the grinding operation and the paving operation. Council Comments Mayor Nicoli pointed out that ODOT working on Hwy. 99W during the daytime would effectively shut Tigard down for a year. He spoke in support of their request to work at night. Councilor Hunt mentioned his long time effort to force the State to bring the sidewalks on Hwy 99W up to ADA standards, the same as the State required of the local jurisdictions. He asked if there was some way to require ODOT to improve the sidewalks to ADA standards as a part of this project. Councilor Scheckla asked if ODOT could improve the signal intersection at Gaarde Street to y better manage the traffic wanting to turn left onto McDonald Street. Mr. Bartel said that they + intended to make improvements to help address that situation, including re-striping and lengthening the raised island. Councilor Scheckla asked why ODOT did not request a variance when it reground Hwy. 217. Mayor Nicoli explained that the freeway was a sufficient distance away from noise sensitive areas that the project did not require a variance to the noise standard. CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 17 1: 01 Noll Councilor Scheckla asked if this ordinance remained on the books after completion of this project. Mr. Monahan said that this ordinance would remain on the books until the Council chose to change it. He mentioned that the ordinance authorized the City Manager to review and approve a noise mitigation plan. Councilor Scheckla asked if ODOT would take into consideration the increased traffic during the Balloon Festival in June. Mr. Bartel said that they would prohibit the contractor from working during community special events like the Balloon Festival. Councilor Patton commented that frequently a stated completion date for a construction project and street closure ended up being extended. She asked if ODOT considered the scheduled timeframe to be a realistic schedule. Mr. Bartel indicated that they believed it was a factual schedule. He stated that they included an extra 30 days beyond the paving completion date of September 30 to allow work on sidewalks, etc., that was not as weather sensitive as the paving or striping would be. Mr. Monahan mentioned that ODOT brought up the Balloon Festival at their first meeting with staff and asked if there were other community events during the scheduled time period. He said that the only one he could think of was Country Daze in downtown Tigard. Councilor Scheckla mentioned the Fourth of July. Mr. Bartel said that they did not work on holidays. Councilor Scheckla asked what contacts ODOT has made with the business people along the corridor. Mr. Bartel said that they have not begun that process yet but they would begin a door to door notification process. He mentioned their concern about access to the businesses during the work and not adversely impacting the businesses. ® Council Consideration Motion by Councilor Moore, seconded by Councilor Lunt, to adopt Ordinance 99-29. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 99-29, AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTIONS 741.90 AND 742.100 TO ADD A PROVISION FOR AN EXEMPTION TO ALLOW WORK AT ANY TIME ON PUBLIC FACILTIES IN THE PUBLIC RIGHT-OF- WAY UNDER CERTAIN CIRCUMSTANCES THAT WILL EXCEED MAXIMUM NOISE LEVELS AND TO UPDATE WORDING TO REFLECT THE CHANGE IN TITLE OF THE "CITY ADMINISTRATOR" TO "CITY MANAGER" AND TO MODIFY WORDING OF SECTION 740.200 TO REFLECT GENDER NEUTRALITY. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] 14. COUNCIL LIAISON REPORTS: None 15. NON AGENDA ITEMS: None CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 18 Elm EMINA 16. STUDY SESSION Mayor Nicoli reconvened the study session at 9:08 p.m. e Parks and Recreation District Governance Mayor Nicoli commented that a big concern of the City Councils was what happened to the City-owned parkland located within the recreation district. He suggested considering the option of Council control through appointing Board members for the first years of operation. He mentioned the consideration that Tigard was approximately equal to the size of Tualatin and Sherwood combined. He discussed appointing a Board with representatives based on population. Councilor Scheckla asked how much money the district would ask for. Mr. Wegner explained that the proposed tax rate was 83 cents per $1,000 to fund the $24 million in capital improvements and $3 million in operating expenses. He confirmed that everyone paid the same rate, regardless of where they lived (similar to the Tualatin Valley Fire and Rescue District). Councilor Scheckla mentioned his concern that low-income people would not be able to pay a fee to belong to the recreational facilities. Mayor Nicoli stated that, to the best of his knowledge, none of the plans included that type of fee. He said that he raised Councilor Scheckla's concerns before the Task Force on several occasions. He explained that the Task Force recognized that some of the population could not pay class registration fees. He indicated that they intended to handle those situations in the same fashion as they were handled by the youth sport leagues now. Mayor Nicoli pointed out that keeping control of the governance through the City Councils allowed the Cities to retain that concept, should the Board move away from it in the early years. He observed that an elected board was free to do whatever it wanted with no tie back to the Councils. Councilor Scheckla mentioned an article he read in USA Today about another avenue for getting some money available after January 1. Councilor Hunt stated that he would not comment because he intended to vote against the district. Councilor Patton commented that she found it helpful to attend the public meeting and hear the discussion. She said that, while she did not relish the thought of the Councils becoming involved in the governance of a recreation district, she was even more uncomfortable with allowing an independent body to run the district. She cited the need for the cities to maintain sufficient control to ensure that the district headed in the direction intended by the participants. Councilor Patton mentioned the remarks she heard with respect to the Tualatin Hills Parks & Recreation District (THPRD): the limited opportunity for input by the general public as to who was on the Board, and the feeling of the citizens that they had no way to address or implement changes. Mr. Wegner reported the comment he heard that THPRD had very poor voter turnout with just a few people voting for these five powerful seats. Councilor Patton agreed that that message came through loud and clear. She indicated that she leaned towards a stronger Council control at this point. CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 19 Mayor Nicoli mentioned that he has heard suggestions that a City's representative be an elected official, a staff person, or a Council-appointed citizen. He said that he had no problem leaving it to each Council to make its own decision with respect to its representative. He pointed out that this position entailed another two meetings a month. He said that he was fine with either appointing a Councilor or a citizen as Tigard's representative. He mentioned that the Task Force wanted consistency in attendance and the person staying in the position for three years in order to establish a Board with some longevity. Councilor Moore stated that he had originally had strongly favored a separate Board and still did. He referenced the Mayor's point with respect to having a City Board initiate the district, get it up and running, and then turn it over to an elected Board once the district was established. Mayor Nicoli asked how long a time period did the Councilor think it would take to establish the district. Councilor Moore said that he thought it would take three to four years to move from levying the bond measure to completing 75% t0 80% of the capital construction (or to opening doors). He indicated that at that time an elected Board could come in and work with the City officials to slowly take over the district. Mayor Nicoli commented that he has heard others express interest in a three year time line. Councilor Moore indicated that he shared Councilor Patton's concern with respect to THPRD's low voter turnout at district board elections. Mr. Wegner stated that the staff employees intended to suggest a similar combination approach to the elected officials at the meeting tomorrow night. He agreed with the Mayor that elected officials lacked the time necessary to attend an additional two meetings a month. He described their proposal to create a Parks and Recreation Advisory Board (similar to the Board Tigard had in the mid-1980s) to run the district with input from representatives from the jurisdictions. He mentioned that the County Counsel told them that setting up an Advisory Board to take the burden off elected officials was permissible. Mayor Nicoli reiterated the issue of who did the Councils allow to serve on the Board: employees, Councilors or Council-appointed citizens? He pointed out that the Council representative needed the authority to vote on district matters without having to return to the Council for direction on every business action. He argued that consultation with the Councils on every business item would impair the Board's ability to respond quickly. Councilor Patton spoke to keeping their options open at this point with respect to the authority issue. Mr. Monahan referenced Councilor Scheckla's service on the MACC Board as an example of a Councilor taking whatever action he felt was necessary to represent the City and coming back for Council direction on key issues. Councilor Scheckla said that he supported appointing someone other than a City Councilor. Councilor Hunt pointed out that some Councilors had a large load outside the regular Council meetings, and this would just add more meetings to their schedules. Mayor Nicoli commented that the bulk of the Board activity would occur during the first few years as it made the decisions with respect to programs and construction. He argued that things would smooth out after five years and become easier. Councilor Scheckla asked if the City would tap the pool of names of those who applied for City Commissions but were not appointed. Mayor Nicoli said that they could do so. He commented that he thought what was likely to happen was that those from the core group of 30 to 40 people who have worked for five years to achieve a district would lobby Councilors for appointment to the District Board. He said that he and Councilor Moore had enough information to speak on the Council's behalf at the governance meeting. CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 20 Library Mayor Nicoli reported that, before Thanksgiving the Library Task Force would complete the selection process to hire an architect to design the addition. Mr. Monahan suggested that the Mayor bring the Task Force's preliminary recommendation to the Council at the November 23 meeting. Councilor Hunt asked if the Task Force included in the RFP his concern with respect to the parking. Mayor Nicoli explained that the decision has not been made yet to ask the architect to deal with the parking issue, and staff was looking at options around City Hall to develop additional parking. He mentioned a vacant building adjacent to the Public Works building. He said that it boiled down to what their parking options were and whether to assign the problem to the architect or to hire engineers to solve it. Mr. Monahan reviewed other options currently under investigation by staff, such as the church parking lot, Mrs. Humphries, and moving 50 to 60 employees offsite to a rented overflow building to allow removal of the Niche. He stated that staff would not have those pieces in place at the time the Task Force selected an architect. Mayor Nicoli informed the Council that the library received another substantial gift: $40,000 from Neva Root. He spoke to the Council deciding within the next 60 days whether or not to include the Budget Committee in the decision on how much the City should contribute to the project. He said that the Council needed to decide whether or not to add money to the money set aside in this year's budget for capital improvements to buildings. He emphasized the importance of giving the architect a budget before he started his work. Mr. Monahan advised the Council that he has tentatively scheduled December 14 as the date to introduce the new Finance Director Craig Prosser to the Budget Committee. Mayor Nicoli suggested discussing the library funding question at that time. Councilor Hunt asked staff to check if Esther Peer gave a donation of $25,000 to $30,000 to the library four years ago for a specific area to be built. He noted that the area was never built and he wanted to know if the money was still available to use on the addition. Mr. Monahan said that he would check on it. Mayor Nicoli reported that the addition would likely be a two-story addition because the City lacked sufficient land on this site to accommodate the square footage on a single level. He said that the Task Force working with the library (comprised of library people, himself and Mr. Monahan) was working very well. He mentioned that when they informed Curt Tigard that they might have to construct the Houghton Addition or the Houghton Wing (instead of the requested Houghton Browsing Room), Mr. Tigard was very gracious and said that they would make it work. e Councilor Hunt's absence Mr. Monahan mentioned that staff intended to maintain communications with Councilor Hunt during his recovery from surgery, including sending him the packet. Councilor Hunt indicated that he would speak with Mr. Monahan with regard to any items of concern he saw on the agenda. Mayor Nicoli commented that the Council had a groundrule that it postponed any controversial issues that came up during a Councilor's absence until that Councilor could inform the Council of his thoughts on the issue. CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 21 Park land donation Mr. Monahan asked if the Council was interested in a land donation of .6 acres next to the Cache Creek Park. He explained that staff wanted to know if Council wanted to pursue it before doing their due diligence, including an environmental assessment. Councilor Scheckla spoke to inspecting the property before accepting it because of its location. Councilor Hunt concurred. Mr. Monahan said that the parks staff would look at it and then return to Council to ask for further direction. Councilor Scheckla indicated that he would like to accompany staff to look at the property. 17. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 9:50 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. Mayor Nicoli reconvened the study session at 9:50 p.m. Councilor Moore summarized the Council's discussion as directing Councilor Hunt to make a statement to the Intergovernmental Water Board that the Council has decided not to go to a vote of the people regarding the Willamette River at this time or in the near future. Mr. Wegner stated that he would contact the other three jurisdictions and discuss the situation in detail. 17. ADJOURNMENT: 11:10 p.m. - eua-e Attest: Catherine Wheatley, City Recorder Mayor, City Tigard Date: 1 0? 5 ~~Q I:\ADM\CAT HY\CCM\991109. D OC CITY COUNCIL MEETING MINUTES -NOVEMBER 9, 1999 - PAGE 22 -MENIENIERN I Agenda item No. ~I sting of d MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council FROM: William A. Monahan, City Manager DATE: January 13, 2000 SUBJECT: Houses Owned by the City to be Declared Surplus The City owns four houses which are under control of our Public Properties Division. They are the following: 1. Summerlake house located at 11470 SW 1301h This house was purchased around 1988 as part of the Summerlake Park addition. The house is in poor condition. The Public Works Department recommends that the home be demolished rather than renovated. The cost of renovation is quite high. Once the building is removed, the property can be re-used. The Summerlake Park Master Plan that is being developed is based upon the assumption that the building will be removed. 2. 13030 SW Walnut. This property was purchased in 1994 (the Link property) for future road improvements. The property was rented out, but is no longer occupied. This property must be removed by April 1 in order to meet time schedules established by City Engineering for the construction of the Gaarde Road extension. 3. 13050 5W Walnut (the Shrouger property). This property was purchased in 1999 for the 6aarde Road extension. This building is also vacant and must be removed prior to April 1, 2000. 4. 12770 SW Ash Street (the Keefer property). This property was purchased in 1999. It is located next to the Public Works property and the former "I05" building. There is no immediate need to demolish this building. The property was purchased to allow for consolidation of City properties for future growth. This Public Works Department would now like to demolish the Summerlake house as well as the two properties on Walnut Street. Our procedures require that the City Manager declare the properties as surplus to allow for demolition. Once they are declared surplus, the Public Works Department will engage the services of asbestos abatement contractors to remove asbestos which has been found in each of the properties, with the exception of 13030 SW Walnut. Once the abatement process is complete, Public Works will pay for the removal of the asbestos from the Summerlake house and the Ash Avenue house from the building maintenance account. Engineering will be responsible for the removal of the house at 13050 SW Walnut Street and will pay for the asbestos abatement. Removal of the buildings at 13030 and 13050 SW Walnut will be accomplished as part of the contracted road project. I It is somewhat unique for the City to be causing the demolition of City- owned buildings, particularly when some have been listed for several years on the City's list of assets. Therefore, I thought that it is advisable to remind Council that these properties will be demolished, so that when I sign off on a memorandum declaring the properties surplus, there is sufficient documentation. I will he happy to answer any questions from Council pertaining to this memo and the properties involved at either the goal setting session on Monday, January 17, or at the City Council meeting of January 18. I look forward to your comments. WAMijh c: Terry Muralt John Roy Ed Wegner VTIG3331US RED EPTS\ADM\B I LL\01132000-1.000 f AGENDA ITEM # 3.3 FOR AGENDA OF Januga 25, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE CiN Sponsorship of Cultural Events Policy PREPARED BY: Craig Prosser DEPT HEAD OK Q_~ CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Council adopt a process to formally sponsor community events, including identification of anticipated funding levels? STAFF RECOMMENDATION Adopt policy INFORMATION SUMMARY The Council has held discussions on March 16, 1999, May 18, 1999, and June 15, 1999 regarding identification of threshold funding levels for key community events. The Council and Budget Committee met on December 14, 1999, to review a draft sponsorship policy. The policy requires adoption of a Sponsoring Resolution by the City Council and identification of anticipated funding levels. The policy also lists issues that will be considered by the Council in determining whether to sponsor an event, and it requires sponsored events to list the City as an official sponsor. Sponsorship would continue until terminated by the City Council (after one year notification of termination). OTHER ALTERNATIVES CONSIDERED A broad range of alternatives exists, from keeping the current year-to-year determination of City financial support to granting permanent sponsorship. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY i a N/A i FISCAL NOTES The Budget Committee has established a target funding level of .5% of the prior year City Operating Budget for all Social Service and Arts & Events groups. If this policy remains in effect, the FY 2000-01 funding level for all of these groups will be $121,600. AGENDA ITEM # 3-q FOR AGENDA OF ' G( CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: f PREPARED BY: Richard Bewersdorff DEPT HEAD OK hl CITY MGR OK ISSUE BEFORE HE COUNCI Should the City Council adjust its agreement for professional Hearings Referee and Hearings Officer services with Deniece B. Won? STAFF RECOMMENDATION It is recommended that the attached contract for professional services be approved. INFORMATION SUMMARY In June, 1999, Hearings Referee Deniece B. Won requested her contract be amended with new hourly rates. The City Council contracted with Ms. Won to perform Hearings Referee services that relate to Expedited Review Decisions established by the State Legislature. She has also served as a backup to Larry Epstein, the City's regular Hearings Officer. Since the contracts are renewable on February 1 of each year, Council consideration was delayed until now. State statutes require that we have a Hearings Referee. Mr. Epstein did not want to serve as both the Hearings Officer and Hearings Referee because his practice was full. We have had no cases appealed that would require a Hearings Referee. In fact, we have had only two land use applications since 1995 that would have qualified under the state statutes for a Hearings Referee appeal since most applicants prefer our local process which tends to be faster and less expensive. Neither case was appealed. Ms. Won's request is for an hourly rate of $90 per hour which is equal to the current rate for Mr. Epstein. Her previous rate was $65 per hour and was established by contract in 1996. Ms. Won previously worked for the City as Hearings Officer out of Mr. Epstein's office so she has familiarity with Tigard and it's development code. It is recommended that the attached contract be approved. Mr. Epstein will still be doing the majority, if not all, Hearings Officer work depending on his availability. The contract formalizes our ability to utilize Ms. Won as a backup Hearings Officer, as well as, Hearings Referee. OTHER ALTERNATIVES CONSIDERED Interview and negotiate with other Hearings Officers. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not Applicable. FISCAL NOTES We have sufficient funds budgeted for Hearings services. is\citywide\sum\hearings referee contract MEMORANDUM CITY OF TIGARD, OREGON TO: Dick Bewersdorff FROM: Cathy Wheatley DATE: January 26, 2000 SUBJECT: Personal Services Contract - Deniece Won Dick, here are two signed copies of the above-referenced contract. Please have Deniece sign both contracts - one for her to keep and one to send to Dee Wise in Records. Thanks. CITY OF TIGARD, OREGON PERSONAL SERVICES CONTRACT THIS AGREEMENT made and entered into this day of 2000 by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called CITY, and Deniece B. Won, hereinafter called CONTRACTOR. WITNESSETH WHEREAS, CITY has need for the services of a company with a particular training, ability, knowledge, and experience possessed by CONTRACTOR, and WHEREAS CITY has determined that Deniece B. Won is qualified and capable of performing the professional services as CITY does hereinafter require, under those terms and conditions set forth: NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I . SERVICES TO BE PROVIDED: CONTRACTOR shall initiate services immediately upon receipt of CITY'S notice to proceed, together with an executed copy of this Agreement. CONTRACTOR agrees to complete work which is detailed in Exhibit "A" and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION: This Agreement shall become effective upon the date of execution, and shall have an initial one- year term and, thereafter, shall be automatically extended for an additional one-year term unless the CITY provides CONTRACTOR with a written notice of non-renewal at least thirty (30) days prior to the end of any given contract year. 3. COMPENSATION: a. CITY agrees to pay CONTRACTOR not to exceed $90.00 per hour for performance of those services described herein. In addition, the CITY agrees to pay the CONTRACTOR the following amounts for direct expenses to the extent committed in the course of fulfilling the CONTRACTOR'S duties under the Contract: i. Mileage at the rate of $0.17 per mile; ii. Photocopying at the rate of $0.25 per page for in-house copies, and actual, charges for out-of-house copies as billed; iii. Long distance telephone charges in the actual amount billed by the phone service; L iv. Clerical services at the rate of $18.00 per hour. b. Payment shall be based upon the following applicable terms: i. Payment by CITY to CONTRACTOR for performance of services under this Agreement includes all expenses incurred by CONTRACTOR, with the exception of expenses, if any, identified in this Agreement as separately reimbursable. Hearings Referee/Officer Personal Services Contract Page 1 .r ii. Payment will be made in installments based on CONTRACTOR'S invoice, subject to the approval of the City Manager, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. iii. Payment by CITY shall release CITY from any further obligation for payment to CONTRACTOR, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. iv. CONTRACTOR shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. V. CONTRACTOR shall not permit any lien or claim to be filed or prosecuted against the CITY on any account of any labor or material furnished. vi. CONTRACTOR shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. vii. If CONTRACTOR fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to CONTRACTOR or a subcontractor by any person as such claim becomes due, CITY'S Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the CONTRACTOR. The payment of the claim in this manner shall not relieve CONTRACTOR or their surety from obligation with respect to any unpaid claims. viii. CONTRACTOR shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. ix. CONTRACTOR shall promptly, as due, make payment to any person, co- partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of CONTRACTOR or all sums which CONTRACTOR agrees to pay for such services and all moneys and sums which CONTRACTOR collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. X. The CITY certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 4. OWNERSHIP OF WORK PRODUCT: CITY shall be the owner of and shall be entitled to possession of any and all work products of CONTRACTOR which result from this Agreement, including any computations, plans, correspondence or pertinent data and information gathered by or computed by CONTRACTOR i prior to termination of this Agreement by CONTRACTOR or upon completion of the work pursuant to this Agreement. 5. ASSIGNMENT/DELEGATION: i Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever 3 unless and until the other party has so consented. If CITY agrees to assignment of tasks to a a subcontract, CONTRACTOR shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by CITY of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and CITY. ,Hearings Referee/Officer Personal Services Contract Page 2 mill I 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR: CONTRACTOR certifies that: a. CONTRACTOR acknowledges that for all purposes related to this Agreement, CONTRACTOR is and shall be deemed to be an independent contractor as defined by ORS 670.700 and not an employee of CITY, shall not be entitled to benefits of any kind to which an employee of CITY is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that CONTRACTOR is found by a court of law or any administrative agency to be an employee of CITY for any purpose, CITY shall be entitled to offset compensation due, or to demand repayment of any amounts paid to CONTRACTOR under the terms of this Agreement, to the full extent of any benefits or other remuneration CONTRACTOR receives (from CITY or third party) as a result of said finding and to the full extent of any payments that CITY is required to make (to CONTRACTOR or to a third party) as a result of said finding. b. The undersigned CONTRACTOR hereby represents that no employee of the CITY, or any partnership or corporation in which a CITY employee has an interest, has or will receive any remuneration of any description from CONTRACTOR, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. If this payment is to be charged against Federal funds, CONTRACTOR certifies that he or she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. CONTRACTOR and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. C. CONTRACTOR certifies that it currently has a CITY business license or will obtain one prior to delivering services under this Agreement. d. CONTRACTOR is not an officer, employee, or agent of the CITY as those terms are used in ORS 30.265. 7. INDEMNIFICATION: CITY has relied upon the professional ability and training of CONTRACTOR as a material inducement to enter into this Agreement. CONTRACTOR warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a contractor's work by CITY shall not operate as a waiver or release. CONTRACTOR agrees to indemnify and defend the CITY, its officers, agents and employees and hold them harmless from any and. all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the CITY and its employees. Such indemnification shall also cover claims brought against the CITY under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Hearings Referee/Officer Personal Services Contract Page 3 I'llill 11111,10111 NINE- 8. INSURANCE: CONTRACTOR and its subcontractors shall maintain insurance acceptable to CITY in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of CONTRACTOR'S activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of CITY and that any other insurance maintained by CITY is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the CONTRACTOR and its subcontractor shall provide at least the following limits and coverages: a. Commercial General Liability Insurance CONTRACTOR shall obtain, at contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily injury and Property Damage on an "occurrence" form (1986 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Limit Genera Aggregate 2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 b. Commercial Automobile Insurance CONTRACTOR shall also obtain, at contractor's expense, and keep in effect during the term of the contract, "Symbol V Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. C. Workers' Compensation Insurance The CONTRACTOR, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comp) with subject 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than ' 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not to obtain such coverage." This shall include Employer's Liability Insurance with coverage limits of not less than $100,000 each accident. d. Additional Insured Provision The City of Tigard, Oregon, its officers, directors, and employees shall be added as additional insureds with respect to this contract. All Liability Insurance policies will be endorsed to show this additional coverage. e. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the CITY. Any failure to comply with this provision will not affect the insurance coverage provided to the CITY. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. Hearings Referee/Officer Personal Services Contract Page 4 f. Insurance Carrier Rating Coverages provided by the CONTRACTOR must be underwritten by an insurance company deemed acceptable by the CITY. The CITY reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. g. Certificates of Insurance As evidence of the insurance coverage required by the contract, the contractor shall furnish a Certificate of Insurance to the CITY. No contract shall be effected until the required certificates have been received and approved by the CITY. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. h. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. CONTRACTOR is not an officer, employee or agent of the CITY as those terms are used in ORS 30.265. i. Prima Coverage; Clarification All parties to this contract hereby agree that the CONTRACTOR'S coverage will be primary in the event of a loss. j. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability, pollution and errors and omissions policies required by this contract. CONTRACTOR'S insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thirty (30) days prior notice to CITY. A copy of each insurance policy, certified as a true copy by an aulorized representative of the issuing insurance company, or at the discretion of CITY, in lieu thereof, a certificate in form satisfactory to CITY certifying to the issuance of such insurance shall be forwarded to: CITY OF TIGARD Attn: Current Planning Manager 13125 SW Hall Boulevard Tigard, Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work. Ten (10) days cancellation notice shall be provided CITY by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, CONTRACTOR shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING PAYMENTS: All notices, bills and payments shall be made in writing broken down by the case number and by the activities, and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: CITY OF TIGARD Attn: Current Planning Manager 13125 SW Hall Boulevard Tigard, Oregon 97223 Hearings Referee/Officer Personal Services Contract Page 5 CONTRACTOR Deniece B. Wgn 6295 SW 155 Avenue Beaverton, OR 97007 and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 10. MERGER: This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 11. PROFESSIONAL SERVICES: The CITY requires that services provided pursuant to this agreement shall be provided to the CITY by a CONTRACTOR which does not represent clients on matters contrary to CITY interests. Further, CONTRACTOR shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to CITY interests. Should the CONTRACTOR represent clients on matters contrary to CITY interests or engage the services on an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to CITY interests, CONTRACTOR shall consult with the appropriate CITY representative regarding the conflict. After such consultation, the CONTRACTOR shall have thirty (30) days to eliminate the conflict to the satisfaction of the CITY. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 13 (b - iii) of this agreement. 12. TERMINATION WITHOUT CAUSE: At any time and without cause, CITY shall have the right in its sole discretion, to terminate this Agreement by giving notice to CONTRACTOR. If CITY terminates the contract pursuant to this paragraph, it shall pay CONTRACTOR for services rendered to the date of termination. 13. TERMINATION WITH CAUSE: a. CITY may terminate this Agreement effective upon delivery of written notice to CONTRACTOR, or at such later date as may be established by CITY, under any of the following conditions: i i. If CITY funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of i services. This Agreement may be modified to accommodate a reduction in funds ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase j under this Agreement. ' iii. If any license or certificate required by law or regulation to be held by CONTRACTOR, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied, revoked, or not renewed. iv. If CONTRACTOR becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against CONTRACTOR, if a receiver or trustee is appointed for CONTRACTOR, or if there is an assignment for the benefit of creditors of CONTRACTOR. Hearings Referee/Officer Personal Services Contract Page 6 Any such termination of this agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued-prior to such termination. b. CITY, by written notice of default (including breach of contract) to CONTRACTOR, may terminate the whole or any part of this Agreement: L If CONTRACTOR fails to provide services called for by this agreement within the time specified herein or any extension thereof, or ii. If CONTRACTOR fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from CITY, fails to correct such failures within ten (10) days or such other period as CITY may authorize. iii. If CONTRACTOR fails to eliminate a conflict as described in Section 11 of this agreement. The rights and remedies of CITY provided in the above clause related to defaults (including breach of contract) by CONTRACTOR shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If CITY terminates this Agreement under paragraph (b), CONTRACTOR shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by CONTRACTOR bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by CITY due to breach of contract by CONTRACTOR. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 14. ACCESS TO RECORDS: CITY shall have access to such books, documents, papers and records of CONTRACTOR as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 15. FORCE MAJEURE: Neither CITY nor CONTRACTOR shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shalt within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 16. NON-WAIVER: The failure of CITY to insist upon or enforce strict performance by CONTRACTOR of any of the terms of this Agreement or to exercise any rights hereunder, should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. Hearings Referee/Officer Personal Services Contract Page 7 WWI 17. NON-DISCRIMINATION: CONTRACTOR agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. CONTRACTOR also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 18. ERRORS: CONTRACTOR shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 19. EXTRA (CHANGES) WORK: Only the Director of Community Development or his or her designee may authorize extra (and/or changes) work. Failure of CONTRACTOR to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and CONTRACTOR thereafter shall be entitled to no compensation whatsoever for the performance of such work. 20. WARRANTIES: All work shall be guaranteed by CONTRACTOR for a period of one year after the date of final acceptance of the work by the owner. CONTRACTOR warrants that all practices and procedures, workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor pa ment therefore shall relieve CONTRACTOR from liability under warranties contained in or implied by this Agreement. 21. ATTORNEY'S FEES: In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pair such sum as the court may adjudge reasonable attorney fees and court costs, including attorneys fees and court costs on appeal. 22. GOVERNING LAW: The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 23. COMPLIANCE WITH APPLICABLE LAW: CONTRACTOR shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement, including those set forth in ORS 279.310 to 279.320. 24. CONFLICT BETWEEN TERMS: It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 25. AUDIT: CONTRACTOR shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. CONTRACTOR agrees to permit CITY, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. Hearings Referee/Officer Personal Services Contract Page 8 26. SEVERABILiTY: In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remainin terms and provisions shall not be a .ected to the extent that it did not materially affect the inten of the parties when they entered into the agreement. 27. COMPLETE AGREEMENT: This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. CONTRACTOR, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF CITY has caused this Agreement to be executed by its duly authorized undersigned officer and dONTRACTOR has executed this Agreement on the date herein above first written. CITY OF TIGARD By: William H. Monahan, City Administrator CONTRACTOR By: Deniece B. Won, Hearings Referee/Officer 1Acurp1n\d1ck\Headngs Referee.doc 6-Jan-00 Hearings Referee/Officer Personal Services Contract Page 9 IN 1111N1 NONE 111111111 EXHIBIT "All 1. HEARINGS REFEREE/OFFICER SERVICES TO BE PROVIDED: a. CONTRACTOR agrees to receive from and examine available information, conduct quasi-judicial land use decisions and expedited review appeals according_ to the provisions of the Tigard Community Development Code, ORS 197 and OS 227, prepare written findings and conclusions in accord with adopted city plans and ordinances, and render decisions that are clear, complete, internally consistent, factually accurate and legally sufficient. CONTRACTOR agrees to deliver one original or camera ready copy of each decision to the CITY. b. CONTRACTOR agrees to comply with all requirements, including time limits, of the laws of the CITY and the applicable provisions of ORS 197 and ORS 227. C. CONTRACTOR agrees that she will accept all cases scheduled by the CITY for hearing, or notify the CITY as soon as practical before the hearing date of her inability to preside over the hearing. d. CONTRACTOR agrees to disqualify herself regarding any application if she has a conflict of interest with parties to that application, and to notify the CITY in writing as soon as practical before the hearing date of such disqualification. e. CONTRACTOR agrees to adopt a set of rules and procedures for the conduct of the hearings, sub'ect to the review and approval of the Director of Community Development or his or her designee. f. During the course of the hearing, CONTRACTOR agrees to be responsible for any and all exhibits accepted into the record, and to mark each exhibit with the date, case number, and her signature. All such exhibits will be entrusted to the CITY after CONTRACTOR has rendered her final decision in the matter. g. CONTRACTOR agrees to set all recessed or continued hearings to a date certain whenever possible. All such rescheduling shall be coordinated with the CITY to ensure that adequate meeting facilities will be available, and to assure that the provisions of ORS 197, relating to expedited review are met. h. CONTRACTOR agrees to recommend an available replacement Hearings Referee/Officer subject to approval of the City Administrator and the provisions of this. contract whenever conflict of interest, conflicts of schedule, sickness, or other good cause occur. 2 CITY OF TIGARD SERVICES TO BE PROVIDED: a. The CITY agrees to provide the CONTRACTOR with copies of all CITY documents relevant to the work called for and will make available and help coordinate meetings by the CONTRACTOR with CITY and other officials whose knowledge ano experience is relevant to CONTRACTOR'S duties. b. The CITY agrees to designate the Director of Community Development as the CITY'S staff liaison for the CONTRACTOR, and that person will be the primary official responsible for coordinating the CONTRACTOR'S duties with the CITY. C. The CITY agrees to schedule all hearings in consultation with the CONTRACTOR and to provide the facilities for the conduct of hearings, including a room, appropriate furniture and, if appropriate, recording equipment. d. The CITY agrees to provide all notices required by law for the hearings at which the CONTRACTOR will act and for the decision the CONTRACTOR makes, and to provide general administrative support. Hearings Referee/Officer Personal Services Contract Page 10 AGENDA ITEM # FOR AGENDA OF January 25, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A RESOLUTION AUTHORIZING AN INTERFUND LOAN FROM THE GENERAL FUND TO THE GENERAL OBLIGATION DEBT SERVICE FUND AND APPROVING BUDGET ADJUSTMENT #5 TO THE FY 1999-00 BUDGET. r,,(() PREPARED BY: Craig Prosser DEPT HEAD OK lX CITY MGR. OK C ISSUE BEFORE THE COUNCIL Should the Council authorize an interfund loan from the General Fund to the General Obligation Debt Service Fund to offset a negative fund balance? STAFF RECOMMENDATION Approve the resolution. INFORMATION SUMMARY The General Obligation Debt Service Fund finished FY 1998-99 with a fund balance of a negative $15,735. This is a potential violation of state law. Because the GO Debt Service Fund entered FY 1999-00 in a negative situation, it is likely that the negative balance will get worse in FY 1999-00 unless corrective action is taken. The negative fund balance situation developed over a number of years as property tax collections fell short of expectations. The fund used to carry a positive fund balance to protect against this situation, but that fund balance eroded over the past several years. Debt service levies were not adjusted to offset this trend. The fund first went negative in FY 1997-98 by $9,541. That fact was not recognized when the City built the FY 1998-99 budget, which assumed a positive beginning fund balance. Because that positive fund balance did not exist, the fund's condition worsened over FY 1998-99. It ended last fiscal year with a negative balance of $15,735. Once again, the FY 1999-00 budget did not recognize the fund's true condition, and the budget once again assumed a positive fiend balance. Again, that positive fund balance did not exist. Unless corrective action is taken, the fund's condition will likely become worse in FY 1999-00. Unfortunately, at this point the City's options are limited. Under state law, property tax levies must be certified at the time the budget for the ensuing fiscal year is adopted. Once the levies are certified to the County assessor, they cannot be changed. The FY 1999-00 debt service levy was certified in June 1999, and transmitted to the County assessor in July. That levy cannot be changed. There is no other source of revenue for this fund. This ordinance authorizes a loan from the General Fund to the GO Debt Service Fund, to be repaid with interest in FY 2000-01. Under state law, it is permissible to initiate such a loan as long as it is repaid in the following fiscal year with interest. The debt service levy in FY 2000-01 can be sized to cover debt service payments due plus the repayment of this loan. It is important to note that the City has continued to make all debt service payments when due, and will continue to do so. ALTERNATIVES CONSIDERED The City has two additional options other than the one recommended: 1. Do not loan money from the General Fund; rather just transfer $30,000 from the General Fund with no future repayment. This option would address the shortfall in the GO Debt Service Fund, but it would do so by drawing down the General Fund balance. This option is not recommended because of the impact on the General Fund. 2. Do nothing, allowing the fund deficit to grow in FY 1999-00, but size the FY 2000-01 debt service levy to cover the debt service due plus the fund deficit. At the end of the process, this would have accomplished the same purpose as the recommended course of action, but in the meantime, it allows a violation of state law to continue and the deficit situation to grow worse. For these reasons this option is not recommended. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES The proposed ordinance authorizes a loan of $30,000 from the General Fund to the GO Debt Service Fund. This loan is larger than the actual negative beginning fund balance at the start of this fiscal year. That negative balance is expected to grow in FY 1999-00, but the amount of growth will not be known until the final property tax turn-over is received from Washington County late in the fiscal year. The loan has therefore been sized to allow a margin for growth. This loan will reduce General Fund balance in FY 1999-00. This loan will be repaid with interest in FY 2000-01, however, so that the long term condition of the General Fund will be held harmless. The ordinance corrects a negative situation in the GO Debt Service Fund. r AGENDA ITEM # D FOR AGENDA OF January 18, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A RESOLUTION APPROVING BUDGET ADJUSTMENT #6 TO THE FY 1999-00 BUDGET TO PROVIDE ADMINISTRATIVE SUPPORT TO THE FINANCE DEPARTMENT TO PAY COSTS RELATED TO SOFTWARE CONVERSION AND TO PAY COSTS RELATED TO OTHER REQUIRED CONTRACTS. PREPARED BY: Craig Prosser DEPT HEAD OK CITY MGR. OK 70 ISSUE BEFORE THE COUNCIL Shall the City Council approve an amendment to the FY 1999-00 Budget to create one position and increase appropriations to pay additional costs in the Finance department? STAFF RECOMMENDATION Staff recommends consideration of this budget amendment at the January 25, 2000 Council meeting. INFORMATION SUMMARY The Finance Department has experienced the need for additional funding and one additional position in FY 1999- 01. The department has attempted to identify savings in the current fiscal year to offset a portion of the needed increases, but is unable to cover all of the identified costs. The department, therefore, requires a budget amendment for $34,017 to allow needed work to be completed in FY 1999-00. A table explaining the elements covered by this budget amendment is attached to this summary. The City Council and the Budget Committee discussed the proposed resolution at the January 18, 2000 workshop meeting and agreed that the budget should be amended to make these adjustments. OTHER ALTERNATIVES CONSIDERED Do not approve this budget amendment; maintain the City's FY 1999-00 budget as adopted. i ' VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES This adjustment will reduce contingency by $34,017. A portion of this amount will be recovered through a contract with the City of Hillsboro for a net impact of $25,492. INNIS ills AGENDA ITEM # FOR AGENDA OF January 25, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Adoption of a Fixed Asset Policy PREPARED BY: Terry Muralt DEPT HEAD OK CITY MGR OK _ ISSUE BEFORE THE COUNCIL Shall the City Council adopt a Fixed Asset Policy to go into effect July 1, 2000. STAFF RECOMMENDATION Staff recommends adoption of the Fixed Asset Policy. Currently the City has been following an internal procedure that was developed in 1990. The City's auditing firm has recommended that we formalize the policy and increase the capital outlay level from $200 to $2,500 which is more consistent with what other jurisdictions have adopted. INFORMATION SUMMARY The purpose of the Fixed Asset Policy is to set guidelines in tracking and controlling the City's capital assets. The policy defines what a fixed asset is and describes the categories in which they are tracked, i.e., Land, Buildings, Vehicles, Office Equipment and Operation Machinery and Equipment. It explains the complete procedure of recording fixed assets starting when the items(s) are purchased to the deletion and disposing of surplus City personal property. The current practice at which the City capitalizes an item is when the unit cost is $200 or more. The Auditor recommends changing the dollar amount to $2,500. The Auditors have just completed work on the FY98/99 audit and made this recommendation. Adopting the policy at this time also allows departments to incorporate the change in capital outlay definition in their FY 00- 01 budget requests. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES No fiscal impact. The action increases the level at which the City capitalizes assets acquired from the current practice of $200 to $2,500. i:\cilywide\sum.dot r ~_Q,tJi S-Q c~ AGENDA ITEM # FOR AGENDA OF January 25, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Engineering Design Services for 118' Court Erosion Control & Bonita Road Sanitan~ ewer Repair f / PREPARED BY: Vannie N2uverY ' t5EPT HEAD OK : Gus Duenas CITY MGR OK: Bill Monahan ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the engineering design services for the 118' Court Erosion Control & Bonita Road Sanitary Sewer Repair project? STAFF RECOMMENDATION The staff recommends the Local Contract Review Board, by motion, approve the contract award to lEntranco Inc. in the amount of $61,087.10. INFORMATION SUMMARY The proposed project is at two locations: 1. 118th Court Erosion Control: This project includes approximately 1,300 feet of a meandering stream, with upstream limits beginning at Gaarde Street at a point 300 feet west of 118th Court and its downstream limits ending at 115th Avenue at Terrace Trails Drive. The greenway varies in width following the property lines of the adjacent properties located along the stream. Several property owners have requested the City to study and control severe stream erosion in the greenway behind their homes. In August 1996, the City developed and constructed a rehabilitation plan along the stream bank east of 118th Court. This plan included excavation of the stream bank to stabilize the existing slopes and placement of riprap in the channel for about 115 feet. Currently, the stream bank and stream channel are deteriorating immediately downstream of the existing riprap. The problem appears to continue for a few hundred feet. 2. Bonita Road Sanitary Sewer Repair: The existing sanitary sewer system on Bonita Road that begins approximately 500 feet west of 76th Avenue runs in an easterly direction and connects to the USA 60- inch interceptor at Milton Court. The existing 8-inch asbestos cement pipe between manhole 46 and manhole 44 has poor grade, severe belly and has required monthly cleaning for many years. This section of pipe is approximately 250 feet long and is encased in a 12-inch steel pipe when it crosses Fanno Creek. This project is to replace the existing pipe to provide a better flow line grade between the 2 manholes. 1 r 1, 11 A Request for Proposal was advertised in November 1999. Out of 8 consultant firms submitting proposals, three consultants, Compass Engineering, Entranco Inc., and Harza Engineering Company were shonlisted for interviews. Entranco Inc. is believed to be the best candidate for the project based on the firm's capabilities, qualifications and resources to perform the requested services. The scope of services consists of project orientation, preliminary design, final design, preparation of contract and bid documents that would be used in the bidding process of the project. The design phase is anticipated to begin immediately following the award of the contract and would be completed in May 2000. Attached are the location maps of the project. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None FISCAL NOTES The 118°i Court project was funded in the amount of $50,000 in the FY 1999-2000 Storm Drainage System Program and the Bonita.Road Sanitary Sewer project was funded in the amount of $40,000 in the FY 1999-2000 Sanitary Sewer System Program. These funds are sufficient to award the contract of $61,087.10 to Entranco Inc. iAcitywtdalsum~aganda summary for 718th court rfp.doc zing 111IMPENN 'soon OgOORAf M10 INf ONMAt~ON ttsttY °O 0 QF o° ~~s 1 $t coup' o f ~YpS~pn cpj~tirp1 1 ~ 04 to N d a / ~N 1 CREEK cNV LN d strew G ~,xisttn 4 ` ti P RVIE~N P Mou ~ d ~ P Z 400 goo F..+ P jp0 a o ,o0 20C B e~ ti•.555tNt VI 0 C+~Y of Tiger onH sod d) tntan'~5onongw"aa° 00 stwild ,5125 5 Tgnd`QR 01~ R t951~l tda RAE o , „~;,,~+,.ata • us C,1C03J 1999; G:~na9tcVJW T Nov 5, t i SW ~ plot dato: ~4 - ll! N1Nf ONµAt 1eN IYtY~µ 'It CEp Wigam ~Cjtic ~o GAl T~ [-aad ~ o~,cT 5a~ita~Y Sealer t~ EY tic W Site t-c~ Sa~`TA R~ zDp Fed 20 1 ' x-.256 Nd ~P Tt ~ 1o° 90 i nay G g ~pGtC03 plat date: Nov 5,1999: AGENDA ITEM # ~i- FOR AGENDA OF January 25, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: An Ordinance Establishing The Franchise Of All-Phase Utility Corp., Its Successors And Assigns, Granting The Right To Place, Erect And Maintain Poles, Wires And Other Appliances And Conductors And To Lay Underground Wires For The Transmission Of Electricity For Telecommunication Purposes In, Upon, Under And Over The Streets, Alleys, Avenues, Thoroughfares And Public Highways Of The City Of Tigard, Oregon, And To Conduct A Telecommunication Business Within The City Of Tigard; Authorizing The Mayor To Enter Into Such Agreement; And Repealing All Ordinances And Parts Of Ordinances In Conflict Herewith; And. Declaring An Emergency. PREPARED BY: C. Prosser DEPT HEAD OKi CITY MGR OK~ ISSUE BEFORE THE COUNCIL Shall the Council approve an ordinance to establish a new franchise agreement for local telephone services provided by All-Phase Utility Corp.? STAFF RECOMMENDATION Staff recommends approval of the franchise agreement. INFORMATION SUMMARY All-Phase Utility Corp. has requested a franchise from the City of Tigard to offer (long distance and local access) telephone service within the City limits. The attached ordinance establishes that franchise, including the rights and responsibilities of the City and of All-Phase Utility Corp. The agreement requires that Ali-Phase Utility Corp. pay a franchise fee each year equal to 5% of its net revenues generated within the City of Tigard. OTHER ALTERNATIVES CONSIDERED i Do not approve the local telephone access franchise agreement. i VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY i N/A FISCAL NOTES Telephone franchise agreements generate General Fund revenue based on 5% of the franchisee's revenues generated within the City of Tigard. mna~ Eon 11111111111111111110 E111111§11111110 IF! Ell w AGENDA ITEM # s FOR AGENDA OF January 25, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE _Re-adoption of purchasing rules as required by House Bill 2024 PREPARED BY: Terry Muralt, Buyer DEPT HEAD OK _ CITY MGR OK ISSUE BEFORE THE COUNCIL To re-adopt the current City purchasing rules as required by the new House Bill 2024 that took effect on October 23, 1999. STAFF RECOMMENDATION Re-adopt the current City purchasing rules. INFORMATION SUMMARY House Bill 2024 that took effect October 23, 1999 required each local government agency to comply with the latest version of the Attorney General's Model Public Contracting Rules, unless the local government affirmatively adopts its own rules that expressly exempt the local government from the Model Rules. The Attorney General's office took the position that if the local government had previously adopted local rules, it must re-adopt those rules after October 23, pursuant to the statute or it becomes subject to the Model Rules. The Council re-adopted the City's rules on November 23, 1999. Now that the Attorney General has adopted a new Model on December 29, 1999, that became effective January 1, 2000, this requires the City Council again to re-adopt the City's current rules otherwise the City would be required to follow the new State purchasing rules. OTHER ALTERNATIVES CONSIDERED Comply with the latest version of the Attorney General's Model Public Contracting Rules, which is dated January 1, 2000 version. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None FISCAL NOTES None 0ci*TAde\sum.dot AGENDA ITEM # FOR AGENDA OF January Z5 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUEAAGENDA TIME Finalize Formation of Sanitary Sewer Reimbursement District #15 Estahlich to Install a Sewer along SW Beveland Street and SW Hermosoo Way, PREPARED BY: G. Berr DEPT HEAD OK A. Duen CITY MGR OK-. Monahan ISSUE BEFORE THE COUNCIL Finalize the formation of Reimbursement District #15, formed to install a sewer along SW Beveland Street and SW Hermoso Way. STAFF RECOMMENDATION Approve, by motion, the formation of Reimbursement District #15 as modified by the final City Engineer's Report. INFORMA'T'ION SUMMARY Council approved the formation of the SW Beveland Street and SW Hermoso Way Reimbursement District by Resolution 99-63 on August 24, 1999. Since then, construction of the improvements has been completed and final costs have been determined. The attached City Engineer's Report has been revised accordingly. QTR ALTERNATIAMS CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMN-M-'FEE STRATEGY Not applicable. FISCAL, NOTES Total final cost of improvements including administrative fee: $125,894.53. This is $40,755.47 (24%) less than the estimated cost of $166,650 reported in preliminary City Engineer's Report. %WQ33 r,sneeats%dtywlo %su"VelmiU.doc ISO 11111MM011 r C!TV OF TIGARD, OREGON RESOLUTION NO.99- A RESOLUTION ESTABLISHING SANI'T'ARY SEWER REDABURSEMENT DISTRICT NO. 15 WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, the sanitary sewer improvements for the proposed Reimbursement District are included in a Street Capital Improvement Project; and WHEREAS, these property owners have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050; and WHEREAS, the City Engineer has submitted a report describing the improvement.., the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District, and a recommendation for an annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 15", attached hereto as Exhibit A, is hereby approved. SECTION 2: A Reimbursement District is hereby established in accordance with TMC Chapter 13.09. The District shall be the area shown and described on Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 15." H M yH SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a + precondition of receiving City permits applicable to development of d each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied iv ii = Rei.^:b'w. ce-Ment Fes. NINE r SECTION S The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09.090. PASSED: This day o_ 1999. a r - City of Tigard ATTEST: 0-60 City Recorder - City of TigWi . 1 111 111 V! Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 15 Background This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program the City of Tigard would install public sewers to each lot within a project area. At the time the property owner connects to the sewer, the owner would pay a connection fee of $2,335.00 and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. Several developments along SW Beveland St have been proposed including the Eagle Hardware project that would realign SW Beveland St at SW 72nd Ave. The purpose of this project is to install the sewer before street improvements are constructed. In addition, eighteen of the twenty-five owners in the proposed district have expressed support for the project as shown on the attached map. Project Area - Zone of Benefit An existing sanitary sewer line is located along the west property line of 7650 SW Beveland St., parallel to Highway 217. The new line would be extended to the east through an easement up to SW Beveland St. and would continue easterly on SW Beveland St. approximately 715 feet to provide eight services. The lot at the northwest comer of SW 72nd Av. and SW Beveland St. has access to an existing sewer line crossing SW 72nd Av. so it was not included in the Reimbursement District. The remaining lots along the south side of SW Beveland St. are part of the proposed Eagle Hardware project and will not require service. The line would also be extended from the intersection of SW Beveland St. and SW Hermoso Way, northerly approximately 344 feet and easterly on SW Hermoso Way approximately 355 feet to provide an additional seventeen services. There is no need for future extensions of the proposed lines. Cost The final cost for the sanitary sewer construction is $110,920.29. Engineering and inspection fees amount to $14,974.24 (13.5%) as defined in TIWC 13,09.040(1). The total project cost including these fees is $125,894.53. This entire amount should be reimbursed to the NSEP fund as properties connect to the sewer and pay their fair share of the total amount. i In addition to sharing the cost of the public sewer line, each property owner will be required to pay an additional $2,335 connection and inspection fee when connection to the public line is made, and will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties in this area are zoned Mixed Use Employment and have similar lot sizes as can be seen in Exhibit Map B. Therefore, it is recommended that the total cost of the project be divided equally among the twenty-five properties included in the reimbursement district Other reimbursement methods include basing the proportional share upon the square footage of each property or by the length of frontage of each property. Because all properties are similar in size, the square footage method is not recommended. The length of frontage method is also not recommended because there is no need to extend the line the entire length of the one northeasterly property on SW Hermoso Way, and one northeasterly property on SW Beveland Street, but the line will be extended along the entire frontage of the one southeasterly property on SW Beveland Street that will not be served by this project. Each property owner's fair share of the public sewer line is $5,035.78. Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in the Tigard Municipal Code _(TMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement " fee. " NNW= ilim, Submitted January 13, 2000 Q P. Agu in P. Dunnas PE City Engineer NW 1 /4 NE 1/4/ SECTION 1 T2S R1 W W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON OMIYpIM Sf z !kd ik: • 11~ : t 3 N a 1 HOSO WAY a yep Z 4 . . ti 3 d t a~ b. qqp r• •w.m~ sr gg ' dQ~ VICINITY MAP z A < LEGAL DESCRIP nON: ST N/W 1/4 NE 1/4 SECTION 1 T2S RIW (T.L1100) N/W 1/4 HE 1/4 SECTION 1 T2S RIW (LL7604) :Z i H/W 1/4 HE 1/4 SECTION 1 T25 I"W (T.U200) Nj1W 1/4 HE 1/4 SECTION 1 T2S R1W (LL180S) i$ '`,dA O N/W 1/4 HE 1/4 SECSION 1 72S RIW (T.1-1300) N/W 1/4 HE 1/4 SECTION 1 T2S RIW (T.L1806) N N/W 1/4 HE 1/4 SECTION 172S RIW (LL1400) N/W 1/4 HE 1/4 SECTION 1 72S RIW (LL.1607) n N/W 1/4 HE 1/4 SECTION 1 T2S R1W (T.L.1401) N/W 1/4 NE 1/4 SECTION 1 T2S RIW (LL1606) N/W 1/4 HE 1/4 SECTION 1 T2S RIW (T.L7402) N/W 1/4 NE 1/4 SECTION 1 T2S RIW (T.L1609) ` N/W 1/4 HE 1/4 SECTION 1 T2S RIW (T.1-1403) N/W 1/4 HE 1/4 SEC71ON 1 T2S RIW (T.L1700) N/W 1/4 HE 1/4 SECTION 1 125 RIW (T.L1404) N/W 1/4 HE 1/4 SECTION 1 T2S RIW (T.1-1600) PROPERTIES tHMUDEO IN N/W 1/4 NE 1/4 SEC730N 1 T25 R1W (T.L1500 N/W 1/4 HE 1/4 SECTION 1 T2S R1W (T.L2703) REIMBURSEWENT DISTRICT EXHIBIT "B" -SS- E70STINC SANITARY SEWER LINE N/MI 1/4 HE 1/1 SECTION 1 T21 R1W (T.1-1501) N/W 1/4 HE 1/4 SECTION 1 T25 R1W (LL2704) N/W 1/4 NE 1/4 SECTION 1 12S RiW (LL1502) NOT TO SCALE PROPOSEO SANITARY SEWER LINES N/W 1/4 NE 1/4 SECTION 1 T2S RIW (T.L.1600) N/W 1/4 HE 1/4 SECTICM i T2S RIW (LL1601) N/W 1/4 HE 114 SECTION 1 T2S RIW ().L1602) SW DEWLMD ST & SW HERMWO WAY N/1W 1/4 HE 1/4 SECTION I T2S RIW (T.L16G3) SAWEW SEM 7 Ai~ f OMM7 !1S NOTE: ALL PROPERTIES IN THE REIMBURSEMENT DISTRICT ARE ZONED MUE _ CITY OF IMAIM II t L January 11, 2000 NOTICE Of PUBLIC HEARING Tuesday, January 25, 2000 7:30 PM Tigard Civic Center Town Hai! The following will be considered by the Tigard City Council on January 25, 2000 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Engineering Department at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 639-4171. INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTINCT NO. 15 The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District 15 formed to install a sewer along SW Beveland Street and Hermoso Way. Please call Greg Berry of the Engineering Department 639-4171 ext. 373 if you have questions. is%enpWropYeim\bevelandlnotke-f.dx 2S101A8-01100 2S101AB-01200 BAUER DANIEL E & BAUER DANIEL E 6 BARBARA 12335 SW 72NDAVE 7275 SW HERMOSO PORTLAND, OR 97223 TIGARD, OR 97223 2S101AS-01300 2S101AB-01400 LAURENS MICHAEL F MARTIN GORDON S & PO BOX 3770 12265 SW 72ND AVE SUNRIVER, OR 97707 TIGARD. OR 97223 2S101AB-01401 2S101AS-01402 PHILLIPS JASON EI AROLYN L LYMAN RODNEY C MARGARET 7355 SW HERMOSO WAY 7395 SW HERMOSO WY TIGARD. OR 97223 TIGARD, OR 97223 2S101AB-01403 2S101AB-01404 MANLEY MARY VON RENCHLER MARVIN J L 7435 SW HERMOSO WAY 7475 SW HERMOSO WAY *TIGARD. OR 97223 TIGARD, OR 97223 2S101AB-01500 2S101AB-01501 JOHNSON JERRY E SHARI A JOENS JOHN D MARJORIE A 7615 SW BEVELAND ST 7545 SW HERMOSO WAY TIGARD, OR 97223 TIGARD, OR 97223 2S101AB-01502 2S101AB-01600 ANDERSON ROY W ESTATE OF ERDLE WILLIAM J 7565 SW HERMOSO WAY 7405 SW BEVELAND RD TIGARD, OR 97223 TIGARD. OR 97223 2S101AB-01601 2S101AB-01602 W-IITNEY EUGENE P GIBSON KLAUS P & CORNELIA 7340 SW HERMOSA WY 10904 SW PARKWOOD CT TIGARD. OR 97223 WILSONVILLE, OR 97070 ' 2S101AB-01603 2S101AB-01604' HARLAN BRIAN $ MAI STOBER LOUIE A & JESSIE L 7270 SW HERMOSO WAY 7305 SW BEVELAND RD 1 TIGARD, OR 97223 TIGARD, OR 97223 i 1 2S101AB-01605 2S101AB-01606 ROVIG CAROLE A SLOAN DAVID MARTIN 7460 SW HERMOSO WAY 7355 SW BEVELAND RD TIGARD. OR 97223 TIGARD, OR 97223 2S101AB-01607 2S101AB-01608 RAND STEPHEN C KOBERLEIN PATRICIA LYNN 7540 SW HERMOSO WAY 7455 SW BEVELAND RD TICARD, OR e72_23 TIGARD, OR 97223 2S101AB-01609 2S701AB-01700 TAYLOR JEFFREY R ROTH ALAN D AND LINDA A 750$ SW BEVELAND RD 7420 SW HERMOSO WAY TIGARD, OR 97223 TIGARD, OR 97223 2S101AB-01800 2S101A6-02703 BOEHM GENE G BEATRICE G BLONDIE'S INVESTMENT LLC 7380 SW HERMOSA WAY 1500 OSTMAN RD TIGARD, OR 97223 WEST LINN. OR 9'068 2S101AB-02704 NEWHAM DAVID ALLEN & BARBARA AN 7410 SW BEVELAND RD TIGARD, OR 972Z3. AGENDA ITEM # l FOR AGENDA OF January 25,2Q00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Finalize Formation of Sanitary Sewer Reimbursement District No. 16, Established to install Sewers in the SW 1031d, 104th Avenues and Delmonte Drive Area PREPARED BY: G._ Bent/ Alb DEPT HEAD OK A Due asp CITY MGR OK W. MtSYidan ISSUE BEFORE THE COUNCIL Finalize the formation of Sanitary Sewer Reimbursement District No. 16, established to install sewers in the SW 103rd, 104'b Avenues and Delmonte Drive Area. STAFF RECOMMENDATION Approve, by motion, the formation of Reimbursement District No. 16 as modified by the final City Engineer's Report. INFORMATION SUMMARY Council approved the formation of the Reimbursement District by Resolution 99-68 on September 14, 1999. Since then, construction of the improvements has been completed and final costs have been determined. The attached City Engineer's Report has been revised accordingly. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. FISCAL NMS Total final cost of improvements including administrative fee: $220,219.51. This is $4,350.49 (2%) less than the estimated cost of $224,570 reported in the preliminary City Engineer's Report. 1.1dtywide%sumVelm 16fL,,al.doc 11031 NINE EM101 . 1 CITY OF TIGARD, OREGON RESOLUTION NO.99- r0~ A RESOLUTION ESTABLISHING SANITARY SEWER REIIVIBURSEMENT DISTRICT NO. 16 WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, the sanitary sewer improvements for the proposed Reimbursement District are included in a Street Capital Improvement Project; and WHEREAS, these property owners have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.030; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District, and a recommendation for an annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 16", attached hereto as Exhibit A, is hereby approved. SECTION 2: A Reimbursement District is hereby established in accordance with TMC Chapter 13.09. The Districi shall be the area shown and described on Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No: 16." SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 An annual fee adjustment, at a rate recommended by the Finance rte:-....•„- h 11 lyo anrlied to the Reimbun. ement Fee, 1111 Wa\Jl, J11411 ..Y 1~ . SECTION 5 The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09.090. PASSED: This ~ day ofS 1999. - City of Tigard ATTEST: City Recorder - City of Tigard Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 16 Background This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program the City of Tigard would install public sewers to each lot within a project area. At the time the property owner connects to the sewer, the owner would pay a connection fee of $2,335.00 and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is. made. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. The project was initiated by a request for service from six owners. A subsequent survey of all owners within the project area showed that a total of twelve of the twenty-two owners supported the project as shown on the attached map. Project Area - Zone of Benefit A preexisting existing sanitary sewer line is located in SW 103`d Avenue south of SW Delmonte Drive. This line was extended north in SW 103`d and 1040, Avenues to SW Murdock Street to provide the additional twenty-two services. There is no need for future extensions of the proposed lines. Cost The final cost for the sanitary sewer construction is $194,026. Engineering and inspection fees amount to $26,193.51 (13.5%) as defined in TMC 13.09.040(1). The total project cost including these fees is $220,219.51. This entire amount should be reimbursed to the NSEP fund as properties connect to the sewer and pay their fair share of the total amount. In addition to sharing the cost of the public sewer line, each property owner will be required to pay an additional $2,335 connection and inspection fee when connection to the public line is made, and will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate i All properties in this area are zoned Mixed Use Emplovment and have similar lot sizes as can be seen in Exhibit Map B. Therefore, it is recommended that the total cost of the project be divided equally among the twenty-two properties included in the reimbursement district. total cost of the project be divided equally among the twenty-two properties included in the reimbursement district. Other reimbursement methods include basing the proportional share upon the square footage of each property or by the length of frontage of each property. Because all properties are similar in size, the square footage method is not recommended. The length of frontage method is also not recommended because of the four corner lots. Each property owner's final fair share of the public sewer line is $10,009.98. Each owner's fair share would be limited to $8,000 for connections completed within one year of City Council approval of the final City Engineer's Report in accordance with Resolution 98-51 (attached). Annual Fee Adiustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in the Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Submitted January 13, 2000 Ag tin P. Duenas PE City Engineer i:%citywideVesVeim 16fr.doc NEW CITY OF TIGARD, OREGON RESOLUTION NO. 98- 51 A RESOLUTION ESTABLISHING A NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM. WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, the amounts reimbux-sed by residential lot owners in the past have been below $°0,000 per connection; and WHEREAS, the reimbursement districts that are currently under consideration have estimated reimbursement costs ranging from $9,000 to $14,000 per connection; and WHEREAS, the costs of reversing residential plumbing, closing the existing septic tank, installation of a sewer lateral to connect to the public system, and payment of the connection fee add several thousand dollars more to the burden of a residential lot owner who wishes to connect to City sewer, and WHEREAS, the City Council wishes to initiate an incentive program to encourage residents to connect to public sewer, and WHEREAS, the City Council finds that establishing a maximum reimbursement fee for residents to pay will further the objectives of the program by encouraging formation of sewer reimbursement districts and actual connections to public sewer; and WHEREAS, based on previous reimbursement districts, the amount of $8,000 appears to be a reasonable amount to establish as the maximum fee for reimbursement by residential lot owners; and. WHEREAS, the City Council concurs that the sum of $15,000 should be established as the maximum cast per connection; and WHEREAS, the City Council wishes to offer this incentive program for a two-year period, after which the program will be evaluated for continuation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: An incentive program is hereby established for the Neighborhood Sewer Extension Program with a maximum fee of $8,000 for reimbursement by residential lot owners. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for sewer connection. SECTION 2: This Resolution shall apply to sewer connections provided through sewer . reimbursement districts established by Ociober i 2, 2000. All connections qualifying RESOLUTION NO. 98--5) Page I under this incentive program must be compieted within one year after Council approval of the final City Engineer's Report following a final public hearing conducted in accordance with TMC Section 13.09.105. SECTION 3: - The City Engineer's Report required by TMC Chapter 13.09 shall include a provision that to the extent that the reimbursement fee detenmined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single-family residential shall not exceed $8,000 per connection, provided the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 4: The funding source for the Neighborhood Sewer Reimbursement District Program shall provide the funding for the installation costs over $8,000 up to a maximum of $15,000 per connection. PASSED: This 13 th day of OCA-O~~ 1998. y r - City of igard ATTEST: City Recorder - City of Tigard F c7 RESOLUTION NO. 98- Page 2 UNION 111,111 i NW 1 /4 S`" 1/4/ SECT 1 11 T2S R""' W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON '•ww s~v r'• Ku0 A '.7'. • • lt~w! GpA1@ RY W .evw,.r i K ~o .'•.orwr . af I.nrsur J:: N K.M i l K aC , i 1 f el •:L:': w~wswr•' mav~p Q . rewaor .~w_r. ave~rw. rrwvnr ~M W 1 K W K~ 1 F I , loos "wwr~r'. VICINITY MAP t::::::::::::::ti:.::..... . wv~r M. • ~wwwwr 1 LEGAL DESCRIPTION: DEL MONTE SUBDIVISION do wrrw 'w.esr.rw wrr++w Kesel •K W .K wY. •'we. s~r• . DEL MONTE SUBDIVISION PLAT.NO. 2 ,.L: :i: ;.;y.;. : I LOT 15 (7.1-1308) LOT 1 (7.1-200) LOT 8 (7.1-900) . LOT 2 (T.1-300) LOT 9 (T.L1000) LOT 16 (T.1-1304) I LOT 3 (LL400) LOT 10 (T.1-1100) LOT 17 (7.1-1303) PROPERTIES INCLUDED IN > LOT 4 (T.1-500) LOT 11 (7.1-1200) LOT 18 (7.1-1309) WENT W RICT ~I LOT 5 (T.1-600) LOT 12 (7.1-1305) LOT 19 (7.1-1310) -SS- EM"NG SANITARY SMV LINE LOT 6 (T.L700) LOT 13 (7.1-1306) LOT 20 (T.L.1302) EXHIBIT, `'B" o- PRIG SANITARY SEWER LINES LOT 7 (T.1-800) LOT 14 (7.1-1307) LOT 21 (T.L.1301) LOT 22 (T.L1311) NOT To SCALE ~ 103RD AVENUE & DELMONTE DRIVE ('FINN' "1>=1 SANITARY SEM EXTEN8?ON t NOTE: ALL PROPERTIES IN THE REIMBURSEMENT DISTRICT ARE ZONED R-3.5 jl~~ T owTw T on CITY or wc.a as o..wn rlrsb.w+.~►+~ R! January 11, 2000 N®°TICE Of PUBLIC HEARING Tuesday, January 25, 2000 7:30 PM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on January 25, 2000 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matterwill be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Engineering Department at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 639-4171. INFORMATIONAL PUBLIC HEARING: FINALI7-ATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 16 (SW 103nd, 104" Avenues and Delmonte Drive area). The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District 16 formed to install a sewers SW 103rd, 104"' Avenues and Delmonte Drive area. Please call Greg Berry of the Engineering Department 639-4171 ext. 373 if you have questions. istongXgregke!m%delmcnte%noUoe-l.doc 2S111CB-00200 2S111CB-00300 HART THOMAS J AND LEONA M ZINDA TODD M 14915 SW 103RD AVENUE 14875 SW 103RD AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111CS-00400 2S111CS-00500 COXEN TAMMY RAE HAHN MUNHALL WALTER F JR AND 14835 SW 103RD AVE 14805 SW 103RD AVE TIGARD. OR 97224 TIGARD, OR 97223 2S111CS-00600 2S111CB-00700 PAEPIER MARGARET A TRUSTEE MEEUWSEN ERIC T & WENDY S 14820 SW 103RD AVE 14860 SW 103RD AVE TIGARD, OR 97224 TIGARD. OR 97224 2S111CB•00800 2S111CB-00900 SMELTER CRAIG C & JULIE A THOMAS DON W BONNIE L 14900 SW 103RD AVE 14940 SW 103RD AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111C6-01000 2S111CB-01100 SHERIDAN DANIEL J & HUMMEL DENNIS AND JUDY A 14980 SW 103RD 14975 SW 103RD AVE TIGARD. OR 97224 TIGARD, OR 97223 2S111C8-01200 2S111CB-01301 ALLEN LINDA L BANFORD ROBERT D 10330 SW DELMONTE DRIVE 14790 SW 104TH TIGARD, OR 97224 TIGARD. OR 97223 '>S111CB-01302 2S111CS-01303 tY HERMAN W JR & BETTY JUNE DEVERS JAMES R & SUSAN M 14830 SW 104TH 14870 SW 104TH AVE TIGARD, OR 97224 TIGARD. OR 97224 2S111CB-01304 2S111CS-01305 DERIODER JANET E STEARNS SHARON E 10365 SW DEL MONTE DRIVE 10370 SW DELMONTE DR TIGARD. OR 97223 PORTLAND, OR 97223 2S111CB-01306 2S111CB-01307 BISBEE MWERT L/5-ARM-A, A CROMBIE RICHARD D JR & MICHELE 10410 SW DEL MONTE DRIVE 10450 SW DEL MONTE TIGARD. OR 97223 TIGARD, OR 97223 2S111 CB-01308 2S111CB-01309 LAPIDUS DAVID J/KAY W KNUTSON GENE H MARION B 14905 SW 104TH 14865 SW 104TH ' TIGARD.OR 97223 TIGARD.OR 97223 1111111101 I'll 11111mill 2S111CB-01310 2S111CB-01311 BAKER JOHN G & MARGESON ERIC C & DEBRA J 14825 SW 104TH AVE 14785 SW 104TH TIGARD. OR 07224 TIGARD, OR 97224 111111 Elm Cathy Wheatley - Hearing time issues for the 1/25/00 Council meeting Page 1 From: Cathy Wheatley 7o: Berry, Greg; Duenas, Gus; Gaston, Greer; Monahan, Bill Bate: 1/28/00 10:13AM Subject: Hearing time issues for the 1/25/00 Council meeting I talked to Gary Firestone about the issue of the reimbursement informational hearings starting earlier (on 1/25) than the 7:30 p.m. time posted in the notices that went to the property owners. Gary noted that if - the meeting was still underway at 7:30 p.m., then there was an opportunity for people to voice their objections and ask to be heard if they had an issue. I advised him of Linda Allen, 10330 SW Delmonte who called to object on January 26 about the hearing starting earlier even though she was not at the hearing at any time on the 25th. He said there were no grounds for objection when someone did not even attend the hearing. Cathy Cathy Wheatley, 639-4171 Ext. 309 cathy@ci.tigard. or. us MINE 101211 AGENDA ITEM # FOR AGENDA OF Januga 25,2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Finalize Formation of anitarv Sewer Reimbursement District No. 17, Established to Install a Sewer in SW O'Mara Street near SW Hill Street. _ .ate PREPARED BY: G. Bm3y' DEPT HEAD OK A. Duenas CITY MGR OK W. Monahan ISSUE BEFORE THE COUNCIL Finalize the formation of Sanitary Sewer Reimbursement District No. 17, established to install a sewer in SW O'Mara Street near SW Hill Street. STAFF RECOMMENDATION Approve, by motion, the formation of Reimbursement District No. 17 as modified by the final City Engineer's Report. INFORMATION SUMMARY Council approved the formation of the Reimbursement District by Resolution 99-75 on November 9, 1999. Since then, construction of the improvements has been completed and final costs have been determined. The attached City Engineer's Report has been revised accordingly. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Q Not applicable. H 1 FISCAI. NOTES Total final cost of improvements including administrative fee: $41,518.30. This is $9,781.70 (19%) less than the estimated cost of $51,300 reported in the preliminary City Engineer's Report. I:ldtywide\sumkeim disll7-Onal.doe IS 11111 INS CITY OF TIGARD, OREGON RESOLUTION NO.99--~5- A RESOLUTION ESTABLISHING SANITARY SEWER REMMURSEMENT DISTRICT NO. 17 WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewer and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, the sanitary sewer improvements for the proposed Reimbursement District are included in a Street Capital Improvement Project; and WHEREAS, these property owner have been notified of a public hearing in accordance with TMC 13.09.060 and a. public hearing was conducted in accordance with TMC 13.09.050; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District, and a recommendation for ar annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 17", attached hereto as Exhibit A, is hereby approved. SECTION 2: A Reimbursement District is hereby established in accordance with TMC Chapter 13.09. The District shall be the area shown and described on Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 17." SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5 The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09.090. PASSED: This tun day of j&e_n 1999. or - City of Tigard i~l ATTEST: City Recorder - City of Tigarh Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 17 Background This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program the City of Tigard would install public sewers to each lot within a project area. At the time the property owner connects to the sewer, the owner would pay a connection fee of $2,335.00 and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. To be considered for the program, a neighborhood needs to submit evidence of resident support of a project. All five owners in the proposed district have expressed support for the project. A project that included these five lots plus an additional seven lots to the east was also considered. This project is not being proposed because a survey of interest revealed that only one of the seven owners supported the project. Project Area - Zone of Benefit An existing sanitary sewer line is located north of the intersection of SW O'Mara Street and SW Hill Street, as shown on Exhibit Map B. The line would be extended south 70 feet along SW Hill Street to the intersection of SW O'Mara Street. The line would then extend east on SW O'Mara Street approximately 84 feet, and west on SW O'Mara Street approximately 304 feet. The line would serve five properties. The properties along SW Hill Street are currently served by lateral connections to the existing sanitary sewer downstream of the proposed connection point and are not included in the proposed district. The proposed line could be extended in the future. Cost The final cost for the sanitary sewer construction is $36,580. Engineering and inspection fees amount to $4,938.00 (13.5%) as defined in TMC 13.09.040(1). The total project cost including these fees is $41,518.30. This entire amount should be reimbursed to the NSEP fund as properties connect to the sewer and pay their fair share of the total amount. In addition to sharing the cost of the public sewer line, each property owner will be required to pay an additional $2,335 connection and inspection fee when connection to the public line is made, and will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties in this area are zoned R-4.5 and have similar lot sizes as can be seen in Exhibit Map B. Therefore, it is recommended that the total cost of the project be divided equally among the eight properties included-in the reimbursement district. Resolution 98-51 limits this fee to $8,000 per owner for connections completed within one year of final approval of the City Engineer's Report. Other reimbursement methods include basing the proportional share upon the square footage of each property or by the length of frontage of each property. Because all properties are similar in size, the square footage method is not recommended. The length of frontage method is also not recommended because there is no need to extend the line the entire length of the one easterly property on SW O'Mara Street, but the line will be extended beyond the entire frontage of the one westerly property on SW O'Mara Street for possible future extension. Each property owner's estimated fair share of the public sewer line is $8,303.66. Each owner's fair share would be limited to $8,000 for connections completed within one year of City Council approval of the final City Engineer's Report in accordance with Resolution 98-51 (attached). Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in the Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting t0 the sewer would no longer be required to pay the reimbursement fee. llllma~ NINE MINE=- 0 Submitted January 13, 2000 A9 tin P. Duenas Pi= City 'Engineer 1,.\cl wide\resVeim-17(omara)flnal.doo =-1 N 1 Mai ~ JI 1 A PORTION nF SE 1 /4 SW 1 /4 SECTION 2 T2S R1 W W.M. A PORTION OF SW 1 /4 SE 1 /4 SECTION 2 T2S R1 W W.M. CITY OF TIGARD, OREGON y~= N PROPOM 5'"" PROPOSED Sena ovwa fE Siw 0 Mao lreel~ (V o1- . O a xmarooo sr ' . o 0 0 p 0 O a 0 0 0 C r% nI cop U y 149anMD Si ; CjN 8 O O n O p . 1, ; N y iA Vicinity Map p, a I'.'.'........'.~.'.'''''''''' . . . . . . . . . . . . . . . PROPERTIES INCLUDED IN REIMBURSEMENT DISTRICT EASING SANITARY SEWER PROPOSED SANITARY SEWER Legal Description: SE 1/4 SW 1/4 SECTION 2 T2S R1W W.M. (7.1-700) ',',',',',',','.',',',',','I SE 1/4 SW 1/4 SECTION 2 T2S RIW W.M. (T.1-600) SW 1/4 SE 1/4 SECTION 2 72S RIW W.M. (T,1-100) Exhibit "8" SW 1/4 SE 1/4 SECTION 2 72S RIW WM. (7.1.202) SW 1/4 SE 1/4 SECTION 2 T2S RIW WM. (7.1-301) Not to Score OWARA STREET ji~~ NOTE: ALL PROPERTIES IN THE REIMBURSEMENT SANITARY SE M ExTEA1BM DIS?RICT ARE ZONED R-4.5 an CF navlD oo¢o ~a tpy Kp~ L rAWNS so *a c R1 CITY OF TIGARD, OREGON RESOLUTION NO. 98- t) A RESOLUTION ESTABLISHING A NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM. WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, the amounts reimbursed by residential lot owners in the past have been below $8,000 per, connection; and WHEREAS, the reimbursement districts that are currently under consideration have estimated reimbursement costs ranging from $9,000 to $14,000 per connection; and WHEREAS, the costs of reversing residential plumbing, closing the existing septic tank, installation of a sewer lateral to connect to the public system, and payment of the connection fee add several thousand dollars-more-to the burden of a residential lot owner who wishes to connect to City sewer, and WHEREAS, the City Council wishes to initiate an incentive program to encourage residents to connect to public sewer; and WHEREAS, the City Council finds that establishing a maximum reimbursement.fee for residents to pay will further the objectives of the program by encouraging formation of sewer reimbursement districts and actual connections to public sewer; and WHEREAS, based on previous reimbursement districts, the amount of $8,000 appears to be a reasonable amount to establish as the maximum fee for reimbursement by residential lot owners; and. WHEREAS, the City Council concurs that the sum of $15,000 should be established as the maximum cost per connection; and WHEREAS, the City Council wishes to offer this incentive program for a two-year period, after which the program will be evaluated for continuation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: „ SECTION 1: An incentive program is hereby established for the Neighborhood Sewer Extension Program with a maximum fee of $8,000 for reimbursement by residential lot owners. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for sewer connection. SECTION 2: This Resolution shall apply to sever connections provided through sewer reimbursement districts established by October 12, 2000. All connections qualifying RESOLUTION NO.98- 51 Page I under this incentive program must be completed within one year after Council approval of the final City Engineer's Report following a final public hearing conducted in accordance with TMC Section 13.09.105. SECTION 3: - The City Engineer's Report required by TMC Chapter 13.09 shall include a provision- that to the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single-family residential shall not exceed $8,000 per connection, provided the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 4: The funding source for the Neighborhood Sewer Reimbursement District Program shall provide the funding for the installation costs over $8,000 up to a maximum of $15,900 per connection. PASSED: This 3 day of 1998. y r - City of tgard ATTEST: City Recorder - City of Tigard trdyw;ev.sw~,aex RESOLUTION NO. 98- 51 Page 2 l January 11, 2000 NOTI(C"E of PUBLIC HEARING Tuesday, January 25, 2000 7:30 IPM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on January 25, 2000 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Engineering Department at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 639-4171. INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 17 (SW O'Mara Street near SW Hill Street). The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District 17 formed to install a sewer SW O'Mara Street near SW Goareet LJ'It 1 till JIICCI. Please call Greg Berry of the Engineering Department 639-4171 ext. 373 if you have questions. i:\englgreg\reimV rnaralnotice-f.doc ,asei 5 sloquy AeP10i ells dDANSAVID 2S102cD-00700. 2S102CD4)0800 LAUTT RONALD.R & ANNA M IDZERDA ARNOLD W 9450 SW OWARA ST 5624 SW FLORIDA TIGARD. OR 97223 PORTLAND, OR 97219 2S102DC-00100 2S102DC.00202 ROUSSE JERRIE IRENE ROUSSE ARNOLD WILLIAM 9370 SW OMARA ST 9320 SW OMARA ST TIGARD.OR 97223 TIGARD.OR 97223 2S102DC-00301 SMITH BRUCE KENNETH & JENNIFER 9270 SW OMARA ST TIGARD.OR 97223 ,,"gS alaj ejeldwel esn wLS1984S P913A 4100wS r AGENDA ITEM # FOR AGENDA OF January 25, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution to Establish a Task Force and Advisory Committee to Develop and Implement a Project for Im 12rovements to -Summer Lake PREPARED BY: A.P Duenas DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Shall City Council approve a resolution establishing a Task Force and Advisory Committee to develop and implement a project for improvements to Summer Lake? STAFF RECOMMENDATION Staff recommends that Council, by motion, approve the attached resolution establishing the Summer Lake Task Force and Advisory Committee. INFORMATION SUMMARY The City of Tigard, along with other jurisdictions within the Tualatin River Basin, are currently under a compliance order to reduce the amount of discharge of certain nutrients as required by the Federal Clean Water Act. Since stream impoundments degrade water quality, cause the heating of water beyond temperatures that desired species of fish could survive, and reduce the amount of oxygen in the water, the regulatory climate and current regulations discourage continuation of stream impoundments throughout the Fanno Creek Basin. Summer Lake at Summerlake Park is one such impoundment. As is typical of in-stream ponds, the condition of Summer Lake has been steadily deteriorating over time with algae and weeds readily visible during the summer months. The Summer Lake Management Plan prepared at Council direction to address the problems with the lake recommended mechanical harvesting supplemented with alum treatment and placement of membrane to deter weed growth. The mechanical harvesting performed during the past two summers has not significantly improved the condition of the lake. Alum treatment has been strongly discouraged by DEQ, and placement of membrane has been held in abeyance pending discussion of further action that may be required. A prime method to promote fish passage, enhance water quality, improve habitat in Summer Lake, and enhance Summerlake Park is to reduce the lake to a stream while providing a water feature(s) for the park. During the Council meeting on November 16, 1999, the City Council listened to several options for addressing the problems with Summer Lake. At that meeting, City Council approved the concept of removing the dam, reducing the lake to a stream, and creation of an off-line water feature to serve as an attraction for Summerlake Park. Council further directed staff to prepare a conceptual approach for project development. During its meeting on December 14, 1999, staff presented a recommended conceptual approach for project development. This approach involved establishment of a Task Force whose members represent the interests of Elm NINE WE the various stakeholders in the area. Council approved the proposed conceptual approach and directed the preparation of a resolution establishing the Task Force and an Advisory Committee. The Advisory Committee would provide assistance and advice as needed during the project development and implementation. The attached resolution establishes the Task Force and Advisory Committee, and delineates the project objectives and Task Force duties. OTHER ALTERNATIVES CONSIDERED Continue current efforts to improve the appearance of the lake in accordance with the Summer Lake Management Plan. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None FISCAL NOTES Funding has not been provided for the project. Identification of funding sources and appropriation of funds needed will be accomplished early in the process prior to consultant contract award. There is a possibility of partnering with USA to share the cost for project implementation. I:\Citywide\Res\Agenda item for Establishment of Simmner Lake Task Fora 11111111 Nil AGENDA ITEM # O FOR AGENDA OF January 25, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Washington Square Regional Center-Public Testimony PREPARED BY: Laurie Nicholson DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE COUNCIL At the December 14 City Council hearing, staff and consultants presented the Washington Square Regional Center plan. At this meeting, public testimony will be taken. If there is no need to continue the January 25" meeting to receive all testimony City Council is scheduled to make a decision at its February 8`h meeting. Staff has received additional written testimony and have included that additional written testimony in this packet. In addition, the minutes with exhibits from the Planning Commission are attached. Ultimately, adoption of the Washington Square Regional Center Plan and comprehensive plan amendments and zoning ordinance text language. STAFF RECOMMENDATION Staff recommends that City Council ultimately adopt the proposed plan map amendments and amendments to the comprehensive plan and development code. INFORMATION SUMMARY In 1996, Metro adopted a visionary plan that would limit the expansion of the Portland Metro Area Urban Growth Boundary yet accommodate growth. This regional plan is known as the Metro 2040 Plan. Focusing development and growth in regional centers represented a key aspect of supporting growth in the area and preserving livability. Regional Centers are areas containing concentrated business, local government, retail services, and housing served by high-quality transit. The Washington Square area represents one of three regional centers in Washington County and one of seven in the metropolitan region. To ensure that enough housing and employment is located within the urban growth boundary, Metro's Functional Plan requires that local jurisdictions plan for their respective assigned growth targets for jobs and housing. Tigard's assigned target capacity in the Washington Square Regional Center is 9,804 jobs and 1,500 housing units. i With funding from a Transportation & Growth Management (TGM) Grant, a master planning effort was undertaken to define the boundaries of the Regional Center and propose transportation and land use designations intended to reflect a twenty-year planning horizon. To assist the planning effort, Tigard City Council appointed a 23-member task force. Task Force members represent neighborhoods, schools, business, property owners, state, regional, local governments, and public interest groups. The Washington Square Regional Center Task Force directed staff and consultants in the preparation of the land use and transportation development concept of the Washington Square Regional Center. The recommendations for the Washington Square Regional Center were intended to not only meet the Metro Design Concept for the Regional Center, but also to meet neighborhood goals for the area. The attached staff report provides documentation of how the planning effort meets statewide goals, the Metro Vision for the area, and the City Development Code requirements for zoning and comprehensive plan amendments. OTHER ALTERNATIVES CONSIDERED 1.) Council could deny the recommended plan, comprehensive plan amendments, and zoning ordinance. 2.) Council could modify and approve the Washington Square Regional Center Plan. 3.) Council could adopt the plan. 4.) Council could approve the plan and delay implementation. The Planning Commission recommended endorsing the plan and not adopting it until issues with implementation have been addressed. This especially relates to facility improvements to support the proposed land use changes. Staff believes that these issues will be addressed in the upcoming work on the Washington Square Regional Center Implementation Grant. One of the primary tasks of this planning effort will be to perform the detailed level of analysis to address transportation improvements that is requested in the Planning Commission's motion. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth Management Goal #1 Accommodate growth while protecting the character and livability of new and established areas; Strategy 3) Address planning and growth issues associated with the Regional Center. Growth Management Goal #3 The City encourages and supports private sector programs to maintain diverse and affordable housing; Strategy 4) Incorporate affordable housing policies into study of Downtown, Washington Square Regional Center, and other mixed use areas. FISCAL NOTES Not applicable i Ac itywi de\ I -25-OO.doc IN CITY OF TIIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: City Council FROM: Jim Hendryx, Community Development Director DATE: January 13, 2000 SUBJECT: Washington Square Regional Center Plan Implementation At the December meeting of City Council, Council raised some questions regarding issues associated with action on and implementation of the Washington Square Regional Center Plan. Attached is a copy a response to some of the legal issues raised by Council from Gary Firestone of the attorney's office. The Council has the option to adopt the Comprehensive Plan Amendments and code amendments and move forward with work that has been awarded to the City to accomplish implementation. Specific implementation plans would be developed over the next year as part of the implementation grant work that is underway. Information could be provided to Metro on our population and employment accommodations and we would finish our compliance requirements. Council also has the option of approving the plan and code amendments and delaying implementation until an implementation plan is accomplished and approved by Council. ODOT has indicated to us that they will not fund the implementation grant without an approved Regional Center Plan as it relates to the transportation element. Delayed implementation of zoning would not impact the grant. However, we would be required to request and receive an extension from Metro to finalize our compliance work. It would also be important to have a transportation element approved to keep proposed transportation improvements at a regional center status on the Regional Transportation Plan list. Another option would be for Council to deny the plan. This would then require a new planning effort that also require an extension from Metro and would be unfunded. The City (and in the Metzger area, Washington County) would be required to find other locations for population and employment to accommodate our projected growth targets should the plan change significantly from what is currently proposed. RAMIS +~~Ct IVEU C.U."~: CREW vE, CORRIGAN & 1y9y BACHRACH LLP ATT0RNEYS AT LAW 1727 N.W. Hoyt Street MEMORANDUM Portland, Oregon 97209 (503) 222-4402 Fax: (503) 243-2944 TO: Tigard City Council FROM: Gary Firestone, City Attorney's Office DATE: December 29, 1999 RE: Planning Commission Recommendation on Washington Square Regional Center BACKGROUND On November 22, the Tigard Planning Commission approved a recommendation to the City Council that the City Council "endorse" but not "adopt" the proposed text and map amendments for the Washington Square Regional Center. That recommendation is before the City Council. At the December 14, 1999, City Council meeting, the City Council asked the City Attorney's office to prepare a response to questions posed by council members. This memorandum responds to questions raised by the Council and to additional legal issues that have been raised by staff. QUESTIONS 1. What actions may the City take concerning the proposed amendments, given the Planning Commission's recommendation? 2. Can the proposed language relating to the need for transportation_ facilities be improved? 3. Do the proposals relating to parks and open space create the possibility of a takings claim by a property owner? 4. If the City does not adopt the proposed amendments or adopts a proposed amendment Memorandum re: Planning Commission Recommendation on Washington Square Regional Center December 29, 1999 Page 2 that will not result in meeting Metro's Title 1 targets, what measures could Metro take to attempt to force the City to meet Title 1 targets? ANSWERS 1. The City Council's options are to (1) approve, (2) approve with modifications, (3) approve with conditions, (4) deny, or (5) adopt an alternative to the proposed amendments. "Endorsement" is not an option for the City Council. However, it may approve the amendments with conditions or modifications, and the Planning Commission's recommendation is consistent with approving the amendments with conditions or modifications, or approving an alternate proposal. The conditions or modifications that the City Council may adopt could include a delayed effective date or provisions that could restrict development in the future if traffic improvements do not keep pace with development. Because this is a legislative proceeding with the City Council as the final decision maker, the City Council decides the issues for itself de novo. While the City Council must consider the Planning Commission's recommendation, it is not bound by the recommendation. 2. Although the Comprehensive Plan does not contain a general transportation policy requiring transportation improvements to be in place before development can proceed, the Community Development Code does contain a general policy requiring adequate transportation improvements to be in place before or concurrently with development. Given this existing restriction, the Council may include a policy applicable to the Washington Square Regional Center that requires adequate transportation facilities as a condition of development. Although the proposed plan amendments require a transportation strategy, they do not require a transportation facilities strategy as that term is used in ORS 197.768. The Council should consider modifying the proposal to require an ORS 197.768 transportation facilities strategy. By having a transportation facilities strategy the City can avoid the requirement to impose a moratorium in the future. It may be advisable to make the code provisions adopting the new zones effective when the transportation facilities strategy is adopted. 3. The provisions relating to parks and open space are generally stated and do not specifically identity any property as a proposed new park. Therefore, they are unlikely to lead to a viable takings claim. However, if the City adopts the Task Force recommendations as a supporting document to the comprehensive plan, it would be advisable to include a clarification or disclaimer that the adoption of the document does not in any way limit land uses. Memorandum re: Planning Commission Recommendation on Washington Square Regional Center December 29, 1999 Page 3 4. If the City does not adopt measures that will allow the City to meet Metro's Title 1 targets, Metro may use its control over transportation funding to withhold transportation funding. Metro may also appeal any decision of the City that it believes is inconsistent with the Functional Plan or seek an injunction requiring compliance. ANALYSIS I. The City Council May Act on the Proposed Amendments Plan and code text and map amendments are processed as Type IV actions. CDC 18.390.020B.4. "Type IV matters are considered initially by the Planning Commission with final decisions made by City Council." Icy (emphasis added). In a Type IV procedure, the Planning Commission is to "formulate a recommendation to the Council to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative." CDC 18.390.060H. La. Although the Planning Commission's recommendation does not use the terms from the CDC, the recommendation endorsing the plan can be characterized as a recommendation to approve with conditions, approve with modifications, or to adopt an alternative. Although the Planning Commission did not use the language from the code, it has complied with the code requirement to provide a recommendation. The recommendation is now before the _ City Council, and the Council "has the responsibility to approve, approve with modifications, approve with conditions, deny or adopt an alternative." CDC 18.390.060H.4.a. This list does not include "endorsing" the amendments. In acting on the recommendation, the City Council must "[c]onsider the recommendation of the Commission, however, it is not bound by the Commission's recommendation." CDC 18.390.060H.4.b. The City Council therefore is free to act and must decide for itself whether to approve, deny, approve with modifications or conditions, or adopt an alternative. Several options to approve with conditions or modifications are available to the City. The City may approve the proposed amendments with a delayed implementation date. The City could stagger the implementation dates so that some amendments are immediately effective and other amendments are effective at later dates. As discussed below, the City could postpone implementation of the zone changes until a transportation improvements strategy is in place. 2. The Language Regarding Transportation Facilities Can Be Modified The proposed language requiring transportation improvements to be in place for developments is: Memorandum re: Planning Commission Recommendation on Washington Square Regional Center December 29, 1999 Page 4 Necessary transportation facilities, as determined by a traffic impact assessment, should be in place or planned to be constructed in time to support new developments. A question was raised as to the sufficiency of this language, based on our November 29, 1999, memorandum stating that the existing comprehensive plan language in Policy 7.1.2 for water, sewer and drainage facilities was stronger than the proposed language for those types of facilities. No transportation policy in the existing comprehensive plan is stated as clearly as Policy 7.1.2, which requires adequate water, sewer and drainage facilities. The Comprehensive Plan does require as a precondition to development approval that the development have adequate access, that the development dedicate right-of-way as needed to achieve standard street width, that interior streets be developed, and that the development participate in other improvements to the extent of the impacts of the development. Comprehensive Plan Transportation Policy 8.1.3. Policy 8.1.3 also contains specific provisions regarding transit, parking, bicycle and pedestrian improvements. However, it does not have a general provision requiring that adequate transportation improvements be available. The Community Development Code does have a general requirement that adequate transportation improvements must be in place. CDC 18.810.020A. Because no general plan policy exists, it is appropriate to add a plan provision for the Washington Square Regional Center area. However, as discussed in detail below, it may be advisable to modify the proposed language to make the provision clearer and to provide specific guidance for determining whether the transportation system is adequate. The provision could be modified to read: The City shall require as a pre-condition to development approval that development coincide with the availability of adequate transportation facilities as determined by the transportation public facilities strategy and a traffic impact assessment for the proposed development. Concerns with moratorium issues arise any time development is delayed or denied based on the lack of public improvements. However, a local government may deny or delay based on existing regulations or if it has a public facilities strategy. By careful preparation now, the City can avoid moratorium problems in the future. Section 3 of 1999 Or Laws Ch. 838 provides: (1) When a local government engages in a pattern or practice of delaying or stopping the issuance of permits, authorizations or approvals necessary for the subdivision or partitioning of, or construction on, any land, including delaying or stopping issuance based on a shortage of public facilities, the local government shall: Memorandum re: Planning Commission Recommendation on Washington Square Regional Center December 29, 1999 Page 5 (a) Adopt a public facilities strategy under ORS 197.768; or (b) Adopt a moratorium on construction or land development under ORS 197.505 to 197.540. (2) The provisions of subsection (1) of this section do not apply to the delay or stopping of the issuance of permits, authorizations or approvals because they are inconsistent with the local government's comprehensive plan or land use regulations. The proposed plan amendments include Policy 11.8. Le, which requires a "transportation plan for the area including a financing plan." The proposed plan amendments also include Policy 8.1.9, which requires the development of a "transportation improvement strategy." It is our understanding that the Policy 11.8. Lc transportation plan and the Policy 8.1.9 transportation strategy are intended to be a single document but that the plan/strategy is not intended to be a public facilities strategy under ORS 197.768.' To avoid moratorium problems as the area develops, the City should consider adding a policy requiring the development of a transportation improvement strategy in compliance with ORS 197.768. This would be separate from and in addition to the plan/strategy of Policies 11.8.1.c and 8.1.9. Because the transportation public facilities strategy will be the document that allows the City to "control the time and sequence of development," (ORS 197.768) the City should consider delaying implementation of the zone changes, which will allow more intensive development, until the transportation public facilities strategy is in place. This can be achieved by making the adoption of the plan provisions effective immediately, but making the code provisions adopting the new zones effective when the transportation public facilities strategy is adopted. 3. The Proposed Amendments Relating to Parks Do Not Create a Substantial Risk of Taking, Claims Courts have held that identification of specific properties for acquisition for fixture public 'To qualify as a public facilities strategy under ORS 197.768, the strategy must (1) be acknowledged under ORS 197.251 or approved by LCDC, (2) include a statement of purpose showing that there is a rapid increase in land development and that anticipate development would exceed the capacity of public facilities, and (3) include a description of actions and practices to control the time and sequence of development approvals in response to the identified deficiencies. ORS 197.768. The strategy must also set forth the procedures, notice and findings allowing the local government to adopt the strategy. ORS 197.768(2)(c). WE 11 IM1101 Memorandum re: Planning Commission Recommendation on Washington Square Regional Center December 29, 1999 Page 6 facilities may constitute a "taking" requiring compensation. These "pre-condemnation blight" cases are based on the property-owner's inability to market or develop a property that has an immediate threat of condemnation. However, a land-owner can make a pre-condemnation blight case only if the land-owner's property is specifically identified as being subject to condemnation or the site of a future public facility. Lincoln Loan v State Hwy. Comm'n, 274 Or 49, 545 P2d 105 (1976). The amendments and the task force recommendation (which may be adopted as a supporting document to the comprehensive plan) do not specifically identify any private land as future parks. The task force recommendations, however, do talk about paths, open space, or other types of public facilities in areas that are limited to a very limited geographical area (e.g. a path around a golf course). If the City is going to adopt the task force recommendations as a supporting document to the comprehensive plan, we advise the City to include a disclaimer that the task force recommendations are adopted only as a supporting document, that the adoption is not intended as implementation of any of the recommendations, and that the adoption does not limit any use of any private property. 4. Metro's Enforcement notions Metro has several options for requiring local governments to comply with the Urban Growth Management Functional Plan. If a local government amends a comprehensive plan or implementing ordinance "in violation of the functional plan, Metro may appeal and take any other legal action, including "reduction of regional transportation funding and funding priorities." Metro Code 3.07.860B. The appeals could include objections in the acknowledgment process and appeals to LUBA. If a local government fails to amend its comprehensive plan and implementing ordinances, Metro may take "all enforcement actions authorized by law." Metro Code 3.07.860C. Metro could seek an injunction from a court requiring a local government to take action to implement the functional plan. It could also appeal any amendment to the plan or ordinance or any quasi-judicial decision that is inconsistent with the Functional Plan. i G:1SMTigw d\washsq.wpd CITE' OF TIGARD Community Development ShapingA Better Community MEMORANDUM CITY OF TIGARD TO: City Council Members FROM: Laurie Nicholson DATE: January 13, 2000 SUBJECT: Written testimony Several letters have been submitted regarding the Washington Square Regional Center Plan. The attached testimony has been ordered chronologically. In addition, letters submitted during the Planning Commission hearing have been separated from the letters sent since Planning Commission. Planning Commission minutes have also been included in this packet. lAckywide\1-28.00\waahington aquare.memo.doc CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes November 15, 1999 1. CALL TO ORDER President Wilson called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Griffith, Incalcaterra, Mores, Olsen, Padgett, Scolar, and Topp Commissioners Absent: Staff Present: James N.P. Hendryx, Director of Community Development; Nadine Smith, Planning Manager; Laurie Nicholson, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS Commissioner Padgett advised that Washington County is holding a transportation forum on plans for the Interstate 5/Hwy. 217 Corridor on November 22, 5:30 pm, at Fowler Middle School. 4. APPROVE MEETING MINUTES Commissioner Olsen moved and Commissioner Anderson seconded the motion to approve the July 19, 1999, meeting minutes as submitted. A voice vote was taken and the motion passed by a vote of 7-0. Commissioners Incalcaterra and Topp abstained. 5. PUBLIC HEARING 5.1 CPA 1999-000021ZON 1999-00001/ZOA 1999-00004: WASHINGTON SQUARE REGIONAL CENTER REQUEST: A request for approval of a legislative Comprehensive Plan map and development code language, rezone, and text amendments to the Tigard 1 Development Code within the area designated as the Washington Square Regional Center. Specifically, the request includes redesignation from Low- Density Residential, Medium-Density Residential, Medium-High-Density i Residential, Neighborhood Commercial, General Commercial, Commercial Professional, and Industrial Professional to the new designation of Mixed Use F mixed I IQ= ~ Commercial, Mixed Use Employment-!, Mixed Use CrTipIVy1nCin-~ Residential-1, Mixed Use Residential-2, and to the existing R-12 zone. The a findings of this plan will be forwarded to Beaverton City Council, Washington County Commissioners, and Portland City Council for their approval. LOCATION: Generally, south and west of Hall Boulevard; north of Highway 217; PLANNING COMMISSION MEETING MINUTES November 15, 1999 - Page I oil the Nimbus Business Park area between Scholls Ferry Road and SW North Dakota; Cascade retail center south of Scholls Ferry Road and north of Greenburg Road. ZONE: CG (General Commercial), CP (Commercial Professional), CN (Neighborhood Commercial), IP (Industrial Professional), R-4.5 (Low-Density Residential), R-12 Medium-Density Residential, R-25 Medium High-Density Residential, R-40 Medium High-Density Residential. APPLICABLE REVIEW CRITERIA: Statewide Goals 1, 2, 9, 10, 12, and 13; Oregon Administrative Rule 660-12; Comprehensive Plan Policies 41.1.1, 2.1.1, 6.1.1, 6.6.6, 8.1.1, 8.2.2, 9.1.1, 9.1.3, 12.1.1, and 12.2.1, and Community Development Code Chapter 18.22 and 18.32, Metro Functional Plan. STAFF REPORT/APPLICANT'S PRESENTATION James N.P. Hendryx, Director of Community Development, explained that the Metro 2040 Growth Concept Plan was adopted in 1995 as a 20-year plan, primarily to accommodate growth in the metropolitan area. A critical aspect of the plan is to balance the impacts of growth with the efficient use of urban land within the Urban Growth Boundary, to protect livability and ensure accessibility throughout the region. The plan for a regional center is to create a concentrated commercial retail area with housing that is served by high quality transit. The Washington Square Regional Center Plan is one of eight regional centers identified in the metropolitan area. With the adoption by Metro of the Urban Growth Management Functional Plan in 1996, local jurisdictions, including Tigard, Washington County and Beaverton, were charged with developing regional center plans. A task force appointed by the Tigard City Council has been working on the development of this plan for the last 18 months. The task force includes representatives from neighborhoods, schools, businesses, property owners, state and local governments, and public interest groups. Upon conclusion of this public hearing, the Planning Commission will make a recommendation to the City Council. Laurie Nicholson presented the staff report and explained the request by the City of Tigard for approval of a Comprehensive Plan map amendment, rezone, and text amendment within the Washington Square Regional Center'. The purpose of the request is for compliance with the Metro 2040 Plan for limiting expansion of the Urban Growth Boundary and designating a regional center, while preserving the livability of the area. In the 2040 According to Laurie Nicholson, the request includes: (a) Redesignation from low-density/medium-density/medium high-density residential, commercial professional, and general commercial to new zone designations of mixed use employment 1 and 2, mixed use residential 1 and 2, and mixed use commercial; (b) Amendments to the Comprehensive Plan map and Comprehensive Transportation Plan map; (c) Changing the existing zone designations of CP (Commercial Professional), CG (General Commercial), CN (Neighborhood Commercial), R-40 (40 residential units per acre), R-25 (25 residential units per acre), R-12 (12 residential ,shits npr , 1, and R-4.5 (4.5 residential units per acre). The proposed new zoning designations will be MUE 1 and 2 (Mixed Use Employment 1 and 2), MUR 1 and 2 (Mixed Use Residential 1 and 2), and MUC (Mixed Use Co~nirnercial); (d) Amendments to the Community Development Code will be included in a section called "Washington Square Regional Center," which currently has no specific code language. The location is the area bounded generally by Fanno Creek on the west (Greenway Park); SW Greenburg Road and Hall Boulevard on the east; Progress Downs Golf Course to the north; and Ash Street, along Highway 217, forms the southern boundary. PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 2 Plan, Metro has targets each jurisdiction must meet for residential units and employment y over the next 20 years. This area's regional center targets for residential units are: Tigard-1,000 units; Washington County-500 units. The target for employment is 9,804. The area Washington County had designated for R-40 to comply with the 2040 Plan is in the Metzger neighborhood. That portion will be absorbed in other parts of the regional center so that the Metzger neighborhood could remain single-family. Work for this plan was done with funding from a transportation growth management grant from the state. Laurie Nicholson explained that some of the applicable criteria were statewide goals, one of which is public involvement. There was extensive public involvement in this planning effort, including 17 task force meetings over a 14-month period, and open house meetings. Approximately 1,500 local residents were notified of the open house meetings. Staff has determined that this plan meets all applicable statewide goals. Goal 12 for transportation is also met because the plan proposes improvements so that transportation systems can support the land use changes. This plan is also compatible with Metro's standards. The Metro regional plan indicates that Hall Blvd. in the Washington Square area needs to be widened to five lanes over the next 20 years to accommodate traffic. The Washington Square task force reviewed this issue and recommended that Hall Blvd. be improved to three lanes in the near future, with bike lanes and sidewalks, and that right-of-way be preserved for widening to five lanes if the need arises in the future. Also involved in this planning effort was a technical advisory committee comprised primarily of staff people from other agencies, including ODOT, Metro, Washington County, City of Beaverton, City of Portland, and Tri-Met. This committee's recommendation was that Hall Blvd. be widened to five lanes. The Washington Square task force recommendation of three lanes was adopted for the plan. Staff also reviewed the plan for applicable Tigard Comprehensive Plan and Development Code criteria and found that the plan complies with all applicable criteria. Ms. Nicholson said that comments had been received by some agencies. Comments were received from Metro on some specific issues regarding street connectivity and the Hall Blvd. widening and the task force worked with Metro to comply with the standards. A letter was received from Mike Burton of Metro supporting the plan. A letter was also received from Rob Burkhardt of the DEQ regarding wetland and flood plain issues. Throughout the planning process the task force has considered the impact on wetlands and flood plains. The Tigard Development Code does not permit residential development in wetlands or in the 100-year flood plain. When industrial or commercial development is proposed in these areas, the developer has to meet certain requirements to ensure there is no impact. Metro Title 3 natural resources standards take effect in December of this year, requiring a 50-foot buffer around vve~~u"ulanuds -a-A nrnhihitinn Am iolnnment in 4hic hlefPer area. If a development could impact a wetland or flood plain, it must be reviewed by the Division of State Lands and the United Sewerage Agency. The plan contains proposed language for the Tigard Development Code that provides incentives for developers to PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 3 meet standards, and enhance a wetland as opposed to merely mitigating impact, in exchange for more flexibility with density requirements. Ms. Nicholson stated a grant has been approved for implementation of the Washington Square Regional Center and will provide for undertaking design work for transportation improvements to support the area. Staff proposes that the Planning Commission recommend to the City Council that the Comprehensive Plan and map be amended to allow the new zones and include the recommendations for the Washington Square Regional Center, as proposed in Exhibit B. The final plan has been approved by all but two of the task force members. Tom Archer (project manager with Spieker Properties), a task force member, addressed the meeting. He feels the Regional Center is an opportunity, not a burden, for the area, and that the plan could provide vibrant, livable urban areas. Task force members shared a commitment to preserve the identity and livability of the area, in particular the Metzger neighborhood. The process was well organized, fair, and allowed input from all affected parties. The area will receive a tremendous amount of development over the next 20 to 40 years with or without this plan, so the issue is how to shape this growth in a positive way, maintaining and improving upon the positive attributes in existence. He feels the plan is a positive first step in shaping the future of the area. Successful implementation of the plan is dependent upon funding, both public and private, in particular for transportation system improvements. Without improvement, the increased density will aggravate problems that already exist. Increased housing and employment densities should be implemented with the interests of local residents in mind and a plan adopted to mitigate negative impacts. Also, the issues of resource area protection and flood control, namely in the Ash Creek drainage, must be resolved. There is opposition on the part of local residents and interest groups, who believe their concerns have not been adequately addressed. These issues must be rectified. Mr. Archer feels the plan must be implemented as a whole, that success depends on implementation of all components, transportation, zoning, green space, etc. Components of the plan should not be selectively altered or abandoned without careful evaluation. Mr. Archer recommends adoption of the plan. Ron Hudson (Tigard-Tualatin School District), a task force member and member of the technical advisory committee, stated that the coming growth must be planned for in a regional manner. Growth planning should be reviewed and modified as it occurs. He thinks this is a good plan and should be accepted at this time, but must also be reviewed in the future as growth occurs. Schools will need to accommodate the growth, while maintaining adequate educational standards. There has been discussion about the necessity of the Metzger School and he feels this plan reinforces the concept that a school is necessary in that area. The Metzger community is growing and the school board believes increased capacity of the school in that area is necessary. Michael Neunzert (Metzger resident), a task force member, believes this plan has a lot of fundamental good. He would like to see the coming growth controlled. However, he believes a portion of the plan requires some elaboration, namely, the relationship between the development of the infrastructure, particularly traffic, and the implementation of zoning PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 4 IM lmllm~ changes. The intolerable traffic situation was reviewed extensively. The traffic analysis that was done assumes a lot of improvements which are not funded at this time. Specifically, six lanes on Ilwy. 217 and the commuter rail are not in the study at all. The study also added significant and very expensive improvements that are not funded. Mr. Neunzert is very concerned that a 20-year plan started in 2000, with sweeping changes of zoning that allow development to start, will not have future support to back up the plan with the required infrastructure. Without the required infrastructure, the traffic situation in the future will remain intolerable. He said we have to keep the infrastructure horse in front of the development cart. Adele Newton, a task force member, spoke regarding bus service in the area. Riding the bus from her home to Washington Square takes five minutes. Bus service is once an hour during the day and every half-hour during rush hour. She believes service should be changed to every half hour during the day and every 15 minutes during rush hour, that the bus service should be more promoted, and that a covered walkway be installed from the bus stop to the door to the mall. These are things that can be done now. The task force also talked about people movers, such as vans. Ms. Nelson said Tigard should work with Tri-Met to promote bus service. Nawzad Othman (President of Otak) said his company has done development planning for 15 years. In his experience, a clearly identifiable plan is needed for any development. This first step is an opportunity to develop a successful plan. He complimented staff and the team for identifying and prioritizing the complex issues for this significant regional plan. Mr. Othman said if this is developed haphazardly, no one will be satisfied. All the elements and complex details for land use, density, transportation, natural resources, and other issues are detailed in the plan. This is a creative process. The process of public infrastructure and development has to be clear and compatible for all parties to understand the issues. It is in everyone's best interests that the plan not start with conflict, that it be understandable to everyone, and that it moves the growth process forward in planned way. Rick Saito (architect and President of Group Mackenzie, an architectural, engineering and planning company), a task force member, views this plan as furthering the assurance to provide for certainty of prudent development. It is important the plan provides a catalyst for managing the development to achieve the goals of the region and address the critical issues that threaten livability. Regarding zoning, it is not the intent of the plan to allow development of wetland and flood plain areas, nor to alter the development regulations that safeguard these valuable resources. The plan's intent is to place development restrictions and guidelines in areas deemed developable. Mr. Saito supports the process and the plan, and encourages recommendation to the City Council. PAS. Ali..hOisuvn introduced the preC?I'lt...Cl consultants: John Spencer (Spencer &Kupper), Elaine Cogan (Cogan, Owens, Cogan), and Beth Wemple (Kittelson & Associates). John Spencer advised that Spencer & Kupper were the lead consultant team working with the task force, and outlined the presentations to follow. PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 5 Rim 011111111M 111111 ME milli 11111~~EMMIE=111E Elaine Cogan presented photographs of a public event at Washington Square to promote public involvement. At this event, comments were solicited from the public and information presented on the planned development of the Washington Square Region. She said other public events were well attended. Ms. Cogan said the task force and consultants went over every detail and hammered out very tough issues on land use, transportation, aesthetics, open space, school issues, and what this area should be like in the face of this development. There is nearly unanimous approval of the plan by the members. The public responses generally fit three categories: skeptics, who do not trust government to carry out the tough policies; deniers, who hope the problem will go away if it is ignored; and, realists, who know growth and change are inevitable and work to plan for it. John Spencer said the task force worked through the Metro framework plan and its direction for population and employment growth. He presented a map and the boundaries of the area studied, which encompasses about 1,250 acres in Tigard, Beaverton, and portions of Washington County. There are about 18,000 people employed in the study area, and about 5,000 residents. The growth to be accommodated in this area will be about 10,000 new jobs and 1,500-2,000 new residents. This represents a 55% increase in jobs and a 65% increase in residents. The analysis looked at the land to determine what areas are developed, committed, wetlands, etc. The evaluation was very detailed, parcel by parcel. Land was classified as vacant or undevelopable (wetlands, flood plains, cemeteries, etc.), and about 200 acres were determined to be developable over the next 20 years. The majority of that 200 acres is redevelopment, either on existing large parking lots or in currently developed areas where new development will replace existing structures to accommodate higher density. There are only about 35 or 40 acres of purely vacant land that can be developed. Mr. Spencer discussed the Comprehensive Plan amendments for adding a new section called the Washington Square Regional Center, which incorporates a number of the study's findings as well as proposed policies to create mixed use commercial, mixed use employment, and mixed use residential Comprehensive Plan districts. There are also amendments to transportation elements that incorporate the functional classifications of IANM streets in the area to identify some standards for short-term and long-term improvements. The zoning ordinance amendments create new mixed use districts. Mr. Spencer described the areas planned and zoned for mixed use commercial, which is the most intensive and dense zoning district, to develop commercial and office uses (with some residential uses allowed). He also reviewed the mixed use employment zone for predominantly office use, with some compatible residential uses, and limited retail uses i supportive of the primary office use. Mr. Spencer briefly described the commercial and employment zoned areas. The mixed use residential zones are primarily medium density and high density residential use, but allow some limited retail use. Each zone has development, siting, and design standards, as well as minimum (and some maximum) density standards for each area. a Mr. Spencer lastly explained the recommendations for implementation and adoption of the amendments. The next steps would be to refine the recommendations for transportation PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 6 17 improvements, storm water and drainage issues, and open space. Implementation and funding strategies need to be prepared for all public improvements, as well as a financing strategy and development of transportation management recommendations. Beth Wemple addressed transportation planning to resolve current and future traffic congestion problems. Traffic has increased on Hwy. 217 and Hall Blvd. and there are not enough alternate travel routes, which has created traffic congestion in the entire area. Future growth and development will worsen the problems if new transportation systems and plans are not developed now. Transportation planning includes pedestrian as well as vehicular traffic. The recommendations include new roadways and upgrades to the existing system, and are prioritized in order of what should be implemented first. The task force identified an immediate concern in the Nimbus Avenue/Greenburg Road area and the connection gap with Washington Square Mall. Ms. Wemple discussed the next priority displayed on the map as Connection #2, which attempts to alleviate Hall Blvd. traffic congestion and results in heavier traffic on Greenburg Road. Also of concern are connections to Nimbus Avenue, Locust Avenue, and Oak Street. More connections are needed for alternate routes to facilitate the east-west traffic flow. The improvements need to be complimentary to and compatible with surrounding land uses. Ms. Wemple said there was a lot of discussion by the task force regarding Hall Blvd. improvements. Immediate expansion to three lanes, with bike lanes and sidewalks, is recommended. The right-of-way should be preserved for future expansion to five lanes. Another phase of the transportation planning dealt with pedestrian and non-motorized traffic. Everything should be connected for all modes of travel. Recommendations are for new bridges across Hwy. 217, accommodation for non-vehicular traffic at the Nimbus connection and Locust connection, and pedestrian passages across big streets. The locations for improvements were chosen to connect activity centers. There is a need to push these transit amenities and work with Tri-Met to affect improvements and a commuter rail along the west side of Hwy. 217. Lloyd Lindley said the task force's charge to come up with creative solutions to solve difficult problems was begun by first defining the issues and then developing some urban design concepts. These concepts address the area's livability and are the components that knit the regional center together. He said consideration of parks and open space was important, not only for the community but also for wildlife and the environment. An open space network preserves and enhances the flood plain, wetlands, and wildlife habitat, and creates a greenbelt around the regional center. Development will be designed to be environmentally friendly. Consideration of land designations will offer property owners flexibility to traltcitinn to hi?hcr rlenciti°S and better US@S while allowing g existing uses to remain. Retention of the distinct regional and neighborhood characteristics is important. Some innovative features include the greenbelt, new mixed use zones, people movers and additional transit modes, bridges and other non-vehicular links, and encouraging a variety of housing. Building heights and floor area ratios were also considered in the new PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 7 zones. The idea is to create transitions that gradually taper the intensity of the development down to residential areas, the greenbelt, and surrounding uses. The mall is the retail core of this district. Mixed use development provides a variety of uses and knits those uses together so people can live and work in the same place. The achievement of the vision set forth relies on significant infrastructure investment and a regional commitment to finance the needed projects, as well as consideration of market forces and patterns, being flexible, and being able to respond to market conditions. Mr. Lindley expanded on some of the innovations that provide ways to move people around and make this regional center livable. One of the most significant is the open space network, called the greenbelt concept. The wetlands and flood plain are almost continuous around the regional center. Of the approximately 240 acres of flood plain, there are about 52 acres in public ownership and 190 acres of private ownership. Mr. Lindley said that while some people have been critical of the golf course, it does add an open space and recreation component to the regional center. The City of Portland has committed to an interconnected pedestrian system through the 160 acre golf course, providing connections to the greenbelt system. Other important components of the open space system are Metzger School and Metzger Park. There is almost 400 acres in the flood plain, wetlands, golf course, and other land that is currently not developed. Some other components include the interconnected pedestrian system, two pedestrian bridges that cross over Hwy. 217, and two other multi-use bridges that link together the retail, employment, and residential areas. The recommendations include purchasing land to complete the greenbelt, dedication of park lands adjacent to significant new developments that would benefit from parks and open space, construction of pedestrian bridges over Hwy. 217, investigating the feasibility of forming a public-private partnership with the mall to develop a central plaza, and cooperation with private land owners and commuter rail representatives to encourage the operation of a commuter rail and development of a rail station in the plaza. All of these components of the urban design concept are intended to enhance the regional center and help it grow to meet the needs of the community. John Spencer discussed the wetlands and flood plains, primarily along Ash Creek that runs through the regional center. All of the wetland, flood plain, and buffer areas were excluded from calculations of land needed for growth in the area. The City of Tigard has existing regulations prohibiting development within wetlands, requiring a 25-foot buffer area around wetlands, prohibiting residential development inside the flood plain, and a cut and fill provision to prevent loss of flood plain. These regulations are appropriate for the regional center. There is confusion about the map because there is no zone for open space or riparian areas, which are shown on the environmental features map as overlay districts and have development regulations that apply to these areas. Incorporated in the zoning ordinance are incentives to benefit the natural resources in the district. If a property abuts or includes part of a riparian seiback, develops- lei li is allowed outside tie riparian area up to 110% of the minimum density established in each district. In order for a proposed development to qualify for the maximum residential density or maximum floor area ratio, an applicant must either improve or enhance any wetland in conformance with PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 8 the Division of State Lands Wetlands Restoration and Enhancement Program, improve or enhance fish habitat in any stream, or increase the amount of flood storage capacity in a 100-year flood plain. Commissioner Griffith asked who determined the boundaries of the flood plain and wetlands. Mr. Spencer said that Metro's Title 3 mapping of the natural resource areas and the City's map are similar, so the most aggressive boundaries using a combination of the two was determined. Commissioner Padgett referred to page 7 of the staff report, the second paragraph from the bottom, regarding the transportation aspect of the plan. Traffic studies show that traffic congestion will increase in the future with or without the proposed land use changes. He suggested two scenarios: 1) densities are not increased but an increase in congestion occurs anyway, or 2) densities are increased, development occurs, but no funding is obtained for transportation improvements to mitigate the increased density, and he asked Mr. Spencer's opinion on which was the worst scenario. Mr. Spencer said this area is already planned and currently zoned for very high density development. The current commercial and general zone in the Washington Square area is the most flexible and allows the most development of any zone designation. The area around Lincoln Center is zoned commerciallprofessional. Those zones are replaced to allow only office or only retail and the new mixed use zones that allow for a variety of uses, so there is no change in the intensity of what is already permitted while allowing more flexibility for a mixture of uses that are believed will have a positive effect on the transportation system. Laurie Nicholson proposed a scenario where residential density is not increased, but inevitable growth elsewhere causes non-residents to come into the area for employment. Beth Wemple said transportation planning allows for people to not use their cars. People are still driving in from other growing areas to cause congestion here. If zoning is changed and there is no funding for the improvements, land uses may not change because of lack of accessibility. Commissioner Padgett asked Ms. Wemple if she meant that if the plan is approved but no improvements are made, the purpose of plan is defeated because people won't come to the area. Ms. Wemple said that was possible. She said many of the improvements have been identified as priorities of the region, but some are on the near- term list and long-term plans. Advocacy for this area is a key part of getting this area to develop and improve livability. Working with the Hwy. 217 MIS (Major Investment Study) is needed because the interchanges need the work to improve traffic. A good transportation system is necessary for economic growth. Commissioner Padgett asked Mr. Spencer to clarify that the plan doesn't necessarily increase total density, but just spreads it out in a different mode. Mr. Spencer said in general that is true. There is some increased intensity in the area south of Locust and east of Lincoln Center, which is now zoned for low density residential but recommended for designation as moderate to high density mixed use residential. That area has increased in density over what is currently zoned. In other areas, the mixed use zoning would probably have the same amount of growth as in existing zones, but there would be PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 9 RIMINI different kinds of development. Mr. Padgett reiterated that there is not necessarily more density, just a shift in density in general and a different kind of density. Mr. Spencer said the hope is that this regional center will continue to diversify in terms of retail and employment opportunities, with as much housing as possible located close to those retail and employment centers so that people will not have to use their cars and will use other modes of transportation. Commissioner Padgett inquired about wetlands included in a commercial parcel. Under the present code, the wetland cannot be developed but the owner of the parcel would be able to use the calculations of the amount of wetlands for a density transfer to increase the density on the rest of the parcel. Mr. Spencer said there were no recommendations to change the current transfer provisions. Mr. Padgett asked if the new plan affects the treatment of a single parcel as opposed to piecemeal parcels around wetlands. There would be more protection for the wetlands if it was a single owner dealing with the mitigation and transfer of density than if there were numerous landowners around the wetlands each acting separately. Mr. Spencer thinks the plan makes this more likely, particularly in the areas designated for mixed use employment and mixed use residential on both sides of Ash Creek rather than for single-family development. An owner or developer would only take advantage of the mitigation incentives if the development has enough resources to expend on enhancement of the natural resource area. President Wilson commented that in the past there have been cases where new development causes the level of service on intersections or roads to degrade to Level F and given that it was already zoned for a certain density, the City was not able to deny the development. On page 10 of the Comprehensive Plan amendments, section 11.8.4 suggests that necessary transportation facilities would have to be in place before a development could be approved. If a transportation study indicated that level of service would deteriorate, President Wilson wonders if that would be a basis for denial of an application even if it satisfied all other provisions. Mr. Spencer said this language is intended to make it clear that infrastructure and transportation must be either available or realistically planned if a development project would severely impact it. This gives the City the ability to use these policies to either deny or condition an application. Since this provision is new, a legal interpretation may be necessary and it may need to be re-written. Commissioner Griffith expressed concern about development restrictions being imposed without addressing the means to solve some of the problems and issues. It appears that if a development seems to have a negative impact, it can be restricted without a timeline for developing recommendations for dealing with the problem. He questions the City's ability to impose requirements prior to determining what can and cannot occur. Mr. Spencer said that each individual development project will have to address any problems. Mr. Griffith felt this was only partly correct. Using a storm water drainage problem as an example, the City cannot impose a restriction when it cannot evaluate the impact of the storm water and has not put together a storm water system. Maine Cogan pointea out that the work plan calls for completion of essential activities within 8 to 10 months of approval. Mr. Griffith questions the development of concepts when the establishment of edicts is not made until PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 10 a year later. If a development is proposed before a system is established, the city can not deal with it. Commissioner Olson commented that for a commercial-general designation, Nimbus already looks built Lip. He asked if changing zoning meant bulldozing is expected to build a higher density. He is concerned ,about the whole Nimbus area. Mr. Spencer said the expectation is that the area would be much more densely developed than it is right now. Most of the current one-story structures are 20 years old, so they will be torn down and replaced with new office structures. Buildings will be four to six stories or higher, and primarily offices, because there will need to be a substantial increase in value to justify the cost of tearing down a building and replacing it. President Wilson said a letter was received from an owner on Scholls and Nimbus requesting that the height in that area be increased from 60 to 100 feet. He asked what the expectation is for that area. Mr. Spencer said the minimum floor area ratios will govern the intensity of development and unless other issues affect the height of a building, there is no problem from a planning point of view. From a traffic point of vievi, analysis was based on the minimum floor area ratio and showed no difference in traffic for a six-story to ten- story building. Commissioner Padgett asked if this changes parking ratios or the number of spaces required. The Metro standards for parking will be met. Commissioner Griffith said that heights over 75 feet are considered high-rise structures, which have an impact as far as the Fire Department is concerned. Mr. Spencer said that taller buildings have requirements for fire sprinkling systems, elevators, structure, etc. It is assumed that the City of Tigard has adequate fire fighting capacity for higher buildings since the Nimbus and Lincoln Center areas already have buildings this height. President Wilson asked for clarification on the difference between wetland and flood plain regarding what can and cannot be done in these areas under the existing regulations versus the new regulations. Mr. Spencer gave a general description for a wetland as a designated area that has certain habitat qualities and the 100-year flood plain usually includes wetland as well as area that has a 100-year flood event. Those areas are documented in local and state ordinances and under federal regulations. There are no proposed changes to current regulations or the buffer zone regarding building in wetlands or flood plains. The only new thing being added is on the upland areas outside of those areas, the density bonus provision discussed earlier that requires enhancement of the wetland. The Commission asked if under existing regulations, and as proposed, a parking lot, for example, can be put in the food plain as long as no fill is required. Mr. Spencer said that is correct. If the regulations change, either under Title 3 or the Tigard regulations, this plan would have to comply with those regulations. There is a vote coming up in a month on Title 3. Commissioner Topp commented that, with respect to resource areas, the calculations for density under the Metro 2040 plan excluded wetlands and flood plains, so the proposed plan actually protects these areas better by moving density upland. He feels this should be expressed in the plan with more specific language to allay future development PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 1 I questions. There is no similar density bonus if a developer were to contribute to park or open space. In response, it was noted that there were no specific recommendations for a density bonus for, say, park dedication. There is a recommendation that both the public and the private sector contribute to open space concepts, but there is no specific ordinance. In a wetland, a developer is limited to 110 percent with no enhancement, and up to a maximum with enhancement. A bonus plan could similarly benefit open space. Regarding specific details on uses (Table 18.630.1), Commissioner Topp asked if various uses are defined already in the code or if definitions are being proposed. The Commission was advised that the tables in the exhibit were carefully reviewed to ensure the terms used are consistent with the rest of the code. Mr. Tapp commented that an aspect of the transportation plan is encouraging people to telecommute. He asked if telecommuters would need a home occupation permit as required of other home occupations. Another area of concern is the listing of housing types as single units, detached and manufactured units, and that manufactured units are not allowed. He thought manufactured units were allowed anywhere that a single-family residence is allowed as long as design standards are met. In response, it was stated that that issue will have to be reviewed. Commissioner Topp also noted that religious institutions are permitted and schools are a conditional use. He asked if religious institutions that have a school are permitted, and also why these uses are differentiated here. Finally, Mr. Topp pointed out that postal services are not allowed in the MUR 1 and 2 zones. It is his understanding that postal services have superseding authority and do not have to abide by local zoning. Commissioner Topp's points and concerns will be reviewed with similar tables in other parts of the code. President Wilson said that a letter from Metro expresses concerns about specific connectivity and how the code is written similar to the way that it was dealt with in the Tigard triangle where street connections are required to have a performance standard as opposed to specific locations. In his view, the performance standard is not working well; for example, there are cases where businesses have internal circulation systems that do not connect together. Also, there is a need for a frontage road along Hwy. 217 for which the City is hoping to borrow some right-of-way from ODOT. Mr. Wilson would prefer to see public streets in these developments to avoid traffic being diverted onto already congested roadways. There is no way for an agency to require access to a private road. He concurs with Metro that specific locations are needed for public streets. Mr. Spencer responded that all major streets are shown on the functional classification. Some of those new connectors have not been engineered, the exact location has not been determined, and an engineering-level analysis is required. Local streets are shown on the map and will be incorporated as part of the transportation element, but some criteria is also determined by the location base as opposed to the map. The details of identifying all the side streets in the area has not been done. Laurie Nicholson added that part of the purpose of the transportation system plan was to get to that level of detail of the local street connections. The funding grant will permit an engineering-level analysis for the transportation facilities around the area. In Metro's plan, the requirement is that if a parcel is over five acres, a specific street connection location must be provided. For parcels under five acres, which is the case in a lot of this area, the street locations have been indicated. PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 12 A ten-minute break was taken at 9:25 pm. PUBLIC TESTIMONY - IN FAVOR , Margaret Nelson (8134 SW Ashford St., Tigard, OR 97224) and Sheila Greenlaw Fink, Community Partners for Affordable Housing, (6777 SW Alden, Tigard, OR 97223) addressed the Council on issues regarding housing, transportation, storm drainage, and further development in the Washington Square area. They support the plan for its protection of natural resource areas, but are concerned about the lack of affordable housing. The community is considered one of the best because of good schools, libraries, and shopping, but most people who work here do not live here due to a poor jobs-housing ratio and the area's poor transit system and congestion. Higher densities would allow more people who work in the area to also live here. They would like to see a stronger commitment for affordable units and housing for seniors, and support the mixed use zoning. They support and recommend approval of the plan because -it provides opportunity for higher density and better housing, improved parking, attracting investment to the area, and a higher quality of living. Commissioner Topp asked if senior housing/group living facilities would be subject to the 50-units per acre density standard. It was stated that they would have to meet the standards. There has been debate on what "group living" is, because individual units must meet the standards. The following people were signed up on the roster, but did not testify: Robin Smith (8105 SW Mapleleaf, Portland, OR 97223); Don Scharbrough (10050 SW 92"d, Tigard, OR 97223); CeeAnn Callahan (13535 SW 110th, Tigard, OR 97223); David Abrams (6205 SW Carman Dr., Lake Oswego, OR 97035); Howard Abrams (7799 SW Montclair Dr., Portland, OR 97225); Becky Smith (PO Box 23206, Tigard, OR 97281); and Tom Markham (9300 SW Camille Terr., Portland, OR 97223). Bill Patterson (2163 Sylvan Way, West Linn, OR 97068) advised that he is the principal in charge of the northwest for Mutual Group Architects, speaking on behalf of Insignia EFP Corporation with regard to a property that abuts Scholls Ferry and Nimbus on the west side. He feels the private sector is in support of the proposed plan. His purpose is to describe a specific site study at the request of their client. With the increase in maximum building height to 100 feet, they analyzed different development proposals with a goal of achieving three things: the highest and best use of the property, defining the appropriate use for the property, and a realistic re-development of the existing property. Mr. Patterson submitted an exhibit showing three different scenarios that are the results of the study effort. In summary, they request more flexibility in ilaight. They c ;n still maintain Metre requirements of .6 FAR and will not exceed the requirements of 3.4 per 1,000 in parking standards. This project can be made financially viable. The basis of their request contains six points: 1) it is consistent with 2040 growth concepts, the regional center's urban design concept and the urban growth management functional plan; 2) it meets the spirit of the PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 13 task force's recommendations; 3) it is consistent with the spirit of allowable adjustments regarding density requirements; 4) it is consistent with policy requirements and assumptions for FAR; 5) it is consistent with policy requirements on opportunities for employment in business center; and, 6) they will have minimum impact on adjacent properties. The project is development of a six-story building without structured parking. It could not proceed if structured parking at $10,000 per stall were required, so or-site parking must be allowed rather than building a concrete frame. They would work with staff to determine the maximum height of the building and other issues such as transportation. Commissioner Griffith asked how the 60-foot maximum height was arrived at. John Spencer said that FAR requirements result in buildings of six stories, which is 60 feet. There is no scientific or other justification. He doesn't know if the task force would oppose a request for more height because it was not discussed. Other districts have higher height limits, such as Lincoln Center. Nadine Smith said the 60-foot height is adjustable as a design standard through the design evaluation team. This will be determined on a case- by-case basis. Their proposal would increase the height for the entire zone. Commissioner Padgett asked if there are any other benefits of a higher height standard zone-wide as opposed to just the cost effectiveness of a taller building on this specific site. Mr. Patterson said there are other considerations such as the impact of sight lines and shadow lines for those design standards. Beyond the financial benefit, a higher standard makes the density goals easier to achieve. President Wilson said he assumes building structured parking is financially feasible, or at least has been in the past since there are four existing parking structures in the area. Mr. Patterson added that the uses a parking structure serves must also be considered. Certainly for a mall or a 12-story building it is appropriate. This request is an existing site, where they are not starting from scratch. President Wilson said he understands there will be in-fill over time in order to meet the setback requirements. If these buildings are within 10 feet of Scholls Ferry Road, he asked if the right-of-way is reserved for future widening of Scholls Ferry. Nadine Smith said she does not know if the right-of-way is reserved at this time, but with any development request, the setback process would start from the necessary reservation line to include Scholls Ferry and therefore provides the opportunity to obtain any reservation or dedication needed. James Herldryx stated that although concept plans have been presented here, it must be remembered that this is a legislative hearing and any specific application cannot be addressed. Lloyd Lindley offered that the idea of a building height is to allow the density to step down I towards the neighborhoods. If it could be demonstrated that a higher height standard would meet that transition intent while preserving the values of the greenbelt and other surrounding parklands and residential areas, then raising the standard might be appropriate. Another criteria to consider is that buildings over 75 feet are a different kind of construction that is more intense. Another benefit could be seen with this type of construction if it is next to a commuter rail line. Steve Freedman (11300 SW 90th Ave.) said he is in favor of the Urban Growth Boundary, of infill, and of planning. Affordable housing encourages people who work here to also live PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 14 here, thereby controlling the current traffic difficulties, as well as expanding political influence through increased population. He asked if thought had been given to the impact of telecommuting and the possibility of a retail shift created by increased Internet shopping that may affect whether the Washington Square Mall will continue to be a viable basis for shopping in this area. He thinks there should also be consideration given to any negative impact on long-term residents due to the problems with transportation, noise, etc., caused by the future massive construction. PUBLIC TESTIMONY - IN OPPOSITION Brian Wegener is a Tigard resident, and the President of Tualatin Riverkeepers (16340 SW Beef Bend Rd., Sherwood, OR 97140), a citizen-based organization working to preserve, protect, and restore the Tualatin River system. This group has had discussions with area residents about concerns over the protection of natural resources. A statement on page 26 of the report that talks about the affects of aggressive regulations has generated concern that economic development is more important than environmental protection. A healthy environment is essential to a healthy economy. This area enjoys a healthy economy, but there are serious problems with the quality of the environment. They actively participate in enforcement of, and strongly support, regulations that protect natural resources, but believe it is wiser to proactively protect resources because actions to enforce protection regulations only happen after damage has been done. The best way to protect the natural resource areas is through protective zoning. The plan puts the Ash Creek area in the highest density zone, which is a strong incentive for development. They recommend protective zoning for the Ash Creek and Fanno Creek natural resource areas, either as an exclusive zone or kept at an R-4 density, and also recommend inclusion of resource agencies in the planning process. Sue Marshall, Public Policy Director of Tualatin Riverkeepers (16340 SW Beef Bend Rd., Sherwood, OR 97140), distributed written comments from the Tualatin Riverkeepers and the Portland Audubon Society (Exhibits A and B). Their area of concern is focused on wetland riparian areas of the plan. They ask that resources be viewed as a whole and in a proactive way during the planning process. It is existing development and practices that have resulted in the degradation of the area's water. They wonder why the National Marine Fishery Services had not been consulted and recommend inclusion of resource agencies in the planning. The group shares the concerns expressed by the DEQ (Exhibit D of the staff report). They also recommend some specific language that would ensure the intention and assumption in the plan for no development in the wetlands and flood plains. Title 3 is a moving target and there are limits to what it can do for protection of resource areas. Metro is working on Goal 5, which includes addressing endangered species considerations and increasing buffer areas. Laurie Nicholson said the Marine Board and the Oregon Dept. of Fish and Wildlife were contacted, as well as the people on the list provided by Ms. Marshall. Agencies were provided with copies of the draft plan and a request for comments was sent out regarding the recommended plan. Early on in the planning process they were in contact with officials from USA and the Army Corps of Engineers regarding flood plain issues and these PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 15 agencies are involved in the revision of the flood plain map. Responses from agencies indicated more interest in permitting than in any policy plans. DEQ was the only agency that responded with comments. At President Wilson's request, the area zoned R-4.5 was pointed out on the zoning map. Commissioner Griffith asked if the Tualatin Riverkeepers are opposed to the concept of mitigation. Brian Wegener said they feel that mitigation is an inadequate protection. Elmer Green (10300 SW Denny Rd., Beaverton, OR 97008) expressed concern about the increased traffic on Denny Road. It appears to him that decision makers are rushing to judgment before plans are in place. An example of putting the cart before the horse here is in run-off water control. In 1996, Hwy. 217 was closed because of flooding. Any development without adequate plans in place can do nothing but make that worse in the event of future flooding. He urges the Commission to work this out and have a workable plan in place prior to approval. Mr. Green is a board member of the Crescent Grove Cemetery Association, which is concerned that it is surrounded on three sides by an increase in roadways. Greenburg Road will have to be enlarged due to development, which impacts this historic cemetery by increased traffic, noise, and pollution. Laurie Nicholson asked Beth Wemple to respond regarding widening of Greenburg Road by the cemetery. Ms. Wemple explained that the intention is not an expansion of the road, but for improvements for sidewalks and bike lanes. The roadway will not be widened. Nancy Tracy (7310 SW Pine St., Tigard, OR 97223) feels the community and planning staff have similar goals but are approaching them in different ways. Although there is common ground, not all of the goals are shared. The scope of this development staggers her and she questions the accuracy of the forecasted need. Zoning in the Ash Creek wetland area has always been problematical. The area went through failed mitigation and was filled, causing a loss of some of the wetland. Ms. Tracy is concerned that some of that area considered as buildable is really flood plain. She also expressed concern over water control/storm drainage issues, pollution, and transportation problems. Ms. Tracy submitted a letter and pamphlet into the recce (Exhibit H). John Rice (9070 SW Borders St., Tigard, OR 97223) said it seems like the concerns of humans are taking a back seat in the planning process. A stronger approach needs to be taken to demand that businesses financially contribute to and be more a part of the community, especially with regard to transportation. Automobile traffic should not be allowed to increase, nor building more streets to accommodate increased traffic. Central Portland is a good example of restricting the number cars by developing mass transit systems. Citizens must have the upper hand and not let business dictate decisions. It appears that transportation has taken a back seat in this planning process. President Wilson responded that businesses do pay traffic impact fees. That money is used for future road development. Alternative transportation has been studied and a number of items are included in the plan, such as increased bus service and commuter PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 16 rail. Mr. Rice asked if a percentage of tax dollars is allotted to help pay for alternative transportation systems, and how it is determined what the money is used for. President Wilson said the traffic impact fee is a form of tax that is levied when a development goes in. It doesn't recover the entire impact, but does help somewhat. Laurie Nicholson said that typically an application for a proposed development is required to perform a traffic study showing impacts to the transportation system surrounding the development. Based on that traffic study and the proportion of the development's impact to the system, staff makes recommendations for conditions of approval and improvements the developer is required to complete, such as street improvements, sidewalks, and bike lanes. Part of this transportation plan is to locate connections for bicyclists and pedestrians. President Wilson stated that the greatest generator of traffic is a general commercial zone; the more commercial development occurs, the more traffic increases. Offices generate less. The plan for the Washington Square area allows uses that actually generate less traffic than the alternatives. Commissioner Padgett pointed out that this is not a regional shopping center, it is regional center and there is a distinction. The plan proposes a new concept in zoning, pioneered by Tigard when it put together the Tigard Triangle, which is a mixed use employment type zone. One of the theories behind mixed use zoning, or mixing uses together in one zone, is that when people live close to where they work, shop, and attend school, then trips are reduced and use of a car is discouraged. This is the reasoning behind the proposed re-zoning and is an important aspect of the plan. Another aspect of transportation planning is the multiple agency jurisdictions involved, such as Tri- Met, ODOT, and the City of Tigard. The regional center concept, and the areas being designated as regional centers, was planned by Metro. The task force was formed to help the distinct jurisdictions of Tigard, Beaverton, and Washington County work together. This meeting addresses only the Tigard aspect. The regional center plan will be reviewed and approved by all three jurisdictions before ultimately being submitted back to Metro. Transportation planning is an important part of the plan. Karen Frieda Flint (9070 SW Borders, Tigard, OR 97223) said there have been some problems with the different jurisdictions working together to make things happen. Decisions are being made here that affect unincorporated Washington County. Ms. Flint supports planning and thinks it is important. She takes exception to comments made by Ms. Cogan about public input (skeptics, deniers or realists) because there are a lot of concerned citizens who are trying to deal with the emotional and real impact of development in the area. Ms. Flint submitted a letter signed by neighborhood residents (Exhibit C) that expresses their concerns. There are flooding and drainage problems and they want to know how that water will be dealt with. Their concerns regarding infra- structure have already been discussed here. They are very concerned that their input and how they feel about the issues has not been addressed or even recognized. Also with regard to citizen input, there is nothing on the Tigard Internet web page advising people of s this meeting and nothing at all concerning the Washington Square regional center. a Another area of concern is that a lot of the changes that are planned to occur in their area involve high density renter-occupied residences that will change the whole nature of the area, as well as the tax implications in terms of roads, drainage, schools, etc., and how PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 17 they will be supported in the area. The homeowners will bear the brunt of supporting these services for rental developments they do not even want in their neighborhood. Eileen Webb (8050 SW Larch St., Tigard, OR 97223) said that a letter she wrote for submission into the record did not appear in the recommended plan and she asked that it be included. She has worked in Tigard for ten years, but chooses to live in Metzger for its many good neighborhood aspects and because of what she believes to be bad planning in Tigard. Ms. Webb said she is concerned about up-zoning causing Metzger to lose its character as a nice family neighborhood. Pat Whiting (8922 SW Spruce, Tigard, OR 97223) is a member of the task force and the current chairperson for CPO Planned Systems Participation in Washington County. She said the task force members were given a projection of weekly scheduling and progress to be met, identifying three public workshops in phase one to be held in September '98 and March and September '99. A workshop is an educational event for interaction and exchange of information among participants. Ms. Whiting stated that the task force did not conduct community workshops, it simply held three open houses. There is a difference in these two types of events. An open house is a social event where a governing body exhibits and invites the public to observe a proposed event. The first open house did receive public response in a survey fashion, provided maps, and held a speaker forum with a question and answer session. The second was held at the Tigard Water District building, but due to water district trucks occupying 50 percent of the parking lot only 24 cars were able to park and people left without participating. The third open house did not solicit citizen comments or input, but merely informed the public of the proposed plan adjustments. The task force chose not to use parliamentary or consensus procedures and the lack of citizen input and minority positions compromised the process and resulted in less representative proposals in favor of one that is not workable, acceptable, or fair. Consequently, the plan is at odds with the community because it will negatively impact existing neighborhoods, small businesses, a major creek, sensitive lands, habitat, and socio-educational amenities within and outside of the regional center area. Additional concerns involve task force handling of public input at meetings and incorrect City notes on open house information. Verification of these issues can be provided if needed. Although consultants tried to be fair and give balance to the juxtaposition ing of staff and technical directives and public input, the task force process was staff-driven regarding ideology and developmental criteria instead of by participatory procedure. Ms. Whiting said the east boundary of the region should be pulled back to Greenburg Road, because most of the community concerns and problems regarding zoning and sensitive lands occur east of Greenburg Road. If this is not done, then at the least no upzoning of wetland and flood plain should be approved. Mike Donavon (8080 SW Larch, Tigard, OR 97223) is chairman of the Metzger Park LID Advisory Board. He is not opposed to the planning process, but he believes the plan will have a severe impact on area residents. The advisory board's responsibility is to ensure the viability of Metzger Park for area residents. As stated in a letter sent in March '99, they request that Metzger Park be excluded as part of the regional center because of adverse impacts to the park from increased density for which it is not designed or intended. While PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 18 the task force report states Metzger Park will be preserved, it also says it will be enhanced and the board is concerned this will result in outside control being exerted. Additionally, they do not want the park used to meet greenway requirements. The plan appears to consider open space such as plazas and paved trails as greenspace and a considerable amount of the greenbelt will contain paved trails as opposed to open park spaces. Inadequate open park spaces with the size and capacity to handle increased use within the regional center will adversely impact Metzger Park. There is a significant difference between feedback provided by residents at meetings and what is now included as open spaces and greenspaces. The task force report does not accurately reflect public input or respond to concerns expressed by area residents at meetings. Elaine Cogan stated that she has been involved in planning processes for over 25 years and is proud of the fact that they are very inclusive and that every process is designed to serve the community. When the task force was formed, the Tigard City Council provided for one representative from every interest group. At the request of Metzger residents, two more area representatives were added, resulting in Metzger being more represented than any other group. Only one Metzger resident signed the minority report, the other two joined with the majority. Regarding consensus versus parliamentary procedure, it is much more difficult to reach decisions through consensus. The task force worked hard at obtaining opinions from everyone, negotiating issues, and addressing concerns to obtain a consensus. She does not feel the plan was staff-driven, task force members extensively reviewed every provision in the plan. This plan is the recommendation of the task force and changing it now would be a travesty of the process. The staff and consultants were there to serve the task force and she believes they served them well. There were 25 task force members. President Wilson noted that Tigard does not have jurisdiction over Metzger. The three task force representatives for Metzger will make their recommendation to Washington County. Pat Whiting pointed out that contrary to Ms. Cogan's assertion, there are actually three signatures on the Minority Report (Exhibit D). She requested that the record be held open for seven days after this proceeding for the submission of additional comments. Ms. Whiting submitted a letter into the record (Exhibit E) and a copy of an editorial from the Oregonian (Exhibit F). Mike Donavon said he is also in the consulting business and recognizes that a lot of effort went into this planning process on the part of the consultants and staff, as well as the task force members. While he does not want to downplay the efforts that went into it, the disagreements must be pointed out. Commissioner Griffith asked if the minority report is in disagreement only over the proposed upzoning in the Ash Creek wetland and flood plain areas or if there are other concerns. Pat Whiting responded that specifically the minority report only requests that there be no upzoning in the wetland and flood plain. Regarding the boundaries, a resolution was submitted to the task force by Metzger citizens because of unresolved community concerns about the upzoning of wetlands and flood plain. They feel it is PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 19 important to consider making the regional center start at Greenburg Road to the east instead of Hall Blvd. Upzoning to MUR 1 & 2 is improper in that area and it should be held at the current R-4.5 zone. It was pointed out that the only issues to be addressed here are the City of Tigard portions of the plan. Although there are disagreements and ongoing discussions, presentations and recommendations have been made to Beaverton and Washington County and they will go through their own process for adoption of the portions of the plan pertaining to those jurisdictions. Margaret Linn (10455 SW 87th, Tigard, OR 97223) said the zone changes will negatively impact her quality of life in the Ash Creek area. As a bird lover, she is concerned because the regional center will drastically change bird migration to this area due to development being pressed up against the wetlands. She is also worried about flooding on her property from wetland fill. She feels the plan does not maintain the wildlife and beauty of the area. Jere Retzer (5115 SW Alfred, Portland, OR 97219) is a co-founder of the Crestview Headwaters Group located at the very head of Ash Creek. The proposed zoning is for a minimum of 15 units per acre and 50 units per acre on a 23-acre flood plain and wetland area north of Hwy. 217. This area contains sensitive environmental resources that everyone agrees should be protected. The Ash Creek flood plain experiences regular flooding which is expected to grow worse because of the upstream development. Maintaining the area as greenspace is an alternative, but the upzoning will cause a tremendous increase in property value that will preclude the possibility of purchasing the land for greenspace preservation. There are three ways to preserve: stewardship, purchase as greenspace, or by ordinance. The plan chooses preservation by ordinance. Mr. Retzer discussed the effects on resource areas and buildable land by loopholes in the Tigard code on water resources that allow property in the Water Resource Overlay District to have reductions in setbacks and other variances. Preservation and restoration are better options. The Endangered Species Act says that local jurisdictions need to be concerned about zoning or other decisions that affect the preservation or development of wetlands. Mr. Retzer submitted a presentation into the record (Exhibit G). Commissioner Griffith remarked that earlier testimony as well as language in the plan assert that there is no impact on wetlands and negligible impact on flood plain areas. He asked Mr. Retzer to elaborate on why he believes this is not accurate. Mr. Retzer said commercial development is allowed in the flood plain. He pointed out on the buildable lands map areas next to Hwy. 217 that are commercial property within the flood plain where development would be allowed under the proposed zoning, and a buffer zone that could be automatically reduced 67 percent by saying it is a degraded resource. The code also allows variances and setback reductions to flood plain property owners claiming hardship, as well as the ability to have a property removed from the resource designation because it has been degraded. The best solution for protecting this land is to purchase it for greenspace under Metro and preserve it for future generations. PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 20 Commissioner Topp asked whether the areas being discussed are in the buffer zone or are properties containing wetlands and flood plain. Mr. Retzer said he was talking specifically about the areas that appear on maps as being wetland and flood plain area. He is suggesting that no development be allowed in those designated areas, without regard to how the property is owned or held. Commissioner Topp said that if it was decided not to change that zoning, the density would have to be made up elsewhere, such as raising the density from 50 units per acre to 75 or 100 units per acre on those properties. Mr. Retzer said he was only interested in protection of sensitive environmental resources because he believes the task force did not consider alternatives, and his concerns are not anti-regional center issues. This becomes another issue of how much density can you put into an area. Trudy Knowles (PO Box 230275, Tigard, OR 97281) said she has been an area resident for 24 years. She has gone to meetings, visited Metro, and read J-Pac meeting minutes in an effort to find out why Washington Square was designated a regional center to begin with. No one has been able to answer this question. There was no City of Tigard representative at the J-Pac meetings. Her concern is that Hall Blvd. area residents and businesses have not been informed about what is going on or what their property will be like with the new right-of-way. No one has addressed the parallel road along Hwy. 217. Ms. Knowles used photo boards as a part of her presentation (Exhibit 1), however neglected to leave them with the secretary to be included with the record. She did submit a letter into the record (Exhibit K). Jill Tellez (9280 SW 80th Ave., Tigard, OR 97223) is the owner/operator of a small residential real estate management company, she owns six area properties, is an active member of the Multi-Family Housing Council, and is a Vice Chairperson for CPO. She stated that a successful community plan requires strong public and private financial support. Pages 19 and 20 of the plan admit that obtaining financing will be challenging, that the area's sensitivity to the marketplace is needed to attract private investment, and that ineffective transportation and environmental policies can result in discouragement of development and restrict the region's economic growth. Ms. Tellez questions the area's ability to attract private investors because of the current slow market and rising interest rates, the poor environmental policies in the plan, and the glut of affordable apartments outside the area. There is no hope for success without private investment, yet the plan is concentrating the highest density zoning in the Ash Creek flood plain area and thereby creating a high risk factor for investors. The plan is also overconfident in catering to high- tech jobs and a high-income population. Tigard is currently a suburb of chain stores and gas stations with an economic base of low- to medium-income workers. Escalating housing prices will increase commuter traffic when these workers cannot find affordable housing close to their employment. Eventually, the shelf life of a project based on tax dollars and federal funding will start to crumble and the community will end up with a pile of wreckage. It should also be noted that the plan exceeds the density requirements put forth by Metro. To successfully complete the plan without hardship or damage to residents and natural resource areas, no high density zoning should be allowed in those areas. Ms. Tellez submitted a letter into the record (Exhibit J). PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 21 Commissioner Griffith asked if residential units are prohibited in flood plain and wetland areas, by variance or otherwise. He was advised that residential development is completely prohibited in those areas; however, that statement was then qualified by the remark that variances and other code provisions do provide for development under certain circumstances and by density transfer provisions. Commercial development can also occur if certain mitigation or enhancement measures are taken and it is balanced with cut and fill. Gus Anderson (9135 SW 80th, Tigard, OR 97223) said his main concern is the zoning of the Ash Creek wetlands and the flooding that occurs. There is a lot of run-off, he has seen the lower units of the Ash Creek apartments flooded, and this needs to be prevented. The proposed high density zoning negatively affects the area's residents' quality of life. He asks that the wetlands be protected. Mr. Anderson submitted a letter into the record (Exhibit L). Patricia Anderson Keerins (12195 SW 121St Ave., Tigard, OR 97223) asked what is meant by balanced cut and fill and if developers could guarantee no flooding. There have been lots of past development mistakes in the area. She said we must not build if wetlands are affected. We are the custodians of the future and must consider that what is done here will impact our grandchildren's lives. She is chairman of the board for Crescent Grove Cemetery; it is a beautiful area, but there is a problem with standing water. James Hendryx explained that balanced cut and fill means, for example, that if you add 100 cubic yards of soil into a flood plain, you have to dig out 100 cubic yards. It is a balance theory that if you keep the flood plain the same size, the water level doesn't rise. In answer to her other question, no, it cannot be guaranteed that it won't flood. The term 100-year flood is a statistical figure meaning there is a 1 percent chance flooding occurring in any given year. It is correct that FEMA is redrawing this area's boundary. They did a survey of the area and the understanding is that the flood plain will be similar to what it is today. There was a question from the audience about balanced cut and fill. It was explained that any fill must be balanced by an amount taken out in the same measure, even if it ends up causing a hole in the ground, as long as the mass remains the same. Daniel Heagerty (6836 SW Raleighwood Way, Portland OR 97225) and Elizabeth Callison (6039 SW Knights Bridge Dr., Portland OR 97219) were signed up to speak, but did not testify. Bill Brewer (11344 SW ironwood Loop, Tigard, OR 97223) remarked that the whole area on the west side of Hwy. 217 was planned 20 years ago. Many people bought homes based on that zoning and now it is being changed to the detriment of those residences. The existing buildings in the Nimbus area that are considered replaceable create a tranquil, peaceful environment; those business parks contain wildlife and it is a pleasant setting. More intense development simply means future degradation. The implementation of this plan is a detriment to Tigard residents. It was stated that commercial development PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 22 ~IA~~AIIAllllcs would taper off into the residential areas, yet a 100-foot building is planned right next to homes. The buffer is very narrow in the Fanno Creek area. In addition, this plan will put property values in an uncertain state of flux. High-rise development drives residential prices down because people don't want to live in those areas. When residential prices decline it becomes easier for developers to cheaply buy the property for even more development. Because of these impacts on residential areas, the western boundary for the regional center should be pulled back to Hwy. 217. Delores Luberto (8080 SW Spruce, Tigard, OR 97223) was signed up to speak, but did not testify. Jim Hendryx searched the ORS (Oregon Revised Statutes) and could not find that the record could be left: open for legislative hearings. PUBLIC HEARING CLOSED Commissioner Padgett moved and Commissioner Mores seconded the motion to continue the meeting to Monday, November 22nd, at 7:30 pm. The motion passed unanimously. 6. OTHER BUSINESS None. 7. ADJOURNMENT The meeting adjourned at 11:50 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Nick Wilson PLANNING COMMISSION MEETING MINUTES - November 15, 1999 - Page 23 CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes November 22, 1999 1. CALL TO ORDER President Wilson called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Griffith, Incalcaterra, Mores, Olsen, Padgett, Scolar, and Topp Commissioners Absent: Commissioner Scolar Staff Present: Nadine Smith, Planning Manager; Laurie Nicholson, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PUBLIC HEARING 3.1 CPA 1999-00002/ZON 1999-00001/ZOA 1999-00004 WASHINGTON SQUARE REGIONAL CENTER - continued from November 15 1999 meeting REQUEST: A request for approval of a legislative Comprehensive Plan map and development code language, rezone, and text amendments to the Tigard Development Code within the area designated as the Washington Square Regional Center. Specifically, the request includes redesignation from Low Density Residential, Medium-Density Residential, Medium-High Density Residential, Neighborhood Commercial, General Commercial, Commercial Professional, and Industrial Professional to the new designation of Mixed Use Commercial, Mixed Use Employment-1, Mixed Use Employment-2, Mixed Use Residential-1, Mixed Use Residential-2, and to the existing R-12 zone. The findings of this plan will be forwarded to Beaverton City Council, Washington County Commissioners, and Portland City Council for their approval. LOCATION: Generally, south and west of Hall Boulevard; north of Highway 217; the Nimbus Business Park area between Scholls Ferry Road and SW North Dakota; Cascade retail center south of Scholls Ferry Road and north of Greenburg Road. ZONE: CG (General Commercial), CP (Commercial Professional), CN (Neighborhood Commercial), IP (Industrial Professional), R- 4.5 (Low-Density Residential), R-12 Medium-Density Residential, R-25 Medium High-Density Residential, R-40 Medium High-Density Residential. APPLICABLE REVIEW CRITERIA: Statewide Goals 1, 2, 9, 10, 12, and 13; Oregon Administrative Rule 660-12; Comprehensive Plan Policies 1.1.1, 2.1.1, 6.1.1, PLANNING COMMISSION MEETING MINUTES - November 22, 1999 - Page I 6.6.6, 8.1.1, 8.2.2, 9.1.1, 9.1.3, 12.1.1, and 12.2.1, and Community Development Code Chapter 18.22 and 18.32, Metro Functional Plan. President Wilson stated this meeting is to conclude discussions on the Washington Square Regional Center. The public hearing was closed on November 15', so there will be no public testimony at this meeting. The City Council has three meetings scheduled on this matter: on December 14 there will be a presentation by the consultant team and a staff report; on January 25 further public testimony will be heard; and, February 8, their decision will be issued. Commissioner Incalcaterra said there was a question at last week's meeting about building height. The applicant responded that the request is for a building of 85 feet, which is a six-story building. The height of Lincoln Center is 12 stories. Commissioner Padgett said he appreciates the hard work done by the task force and that they did an outstanding job. During the testimony at least two people asked about changing the border (boundaries) of the plan area, but instead of arguing that the area should not be included in the plan because it was not part of the area of interest, the reasoning was that the border should be changed because they didn't agree with the recommendations for those particular areas. He does not support changing the border based on the reasoning presented. Any change should be based on those areas not having the same interest level as the rest of the area. Mr. Padgett commented that planning philosophies have changed from dealing strictly in land use planning and zoning, without consideration given to the economics of the situation. Now the economic impact is considered and the planning is more detailed. He thinks some of the testimony was based on specific economics for raising building height: a specific developer with a specific parcel wants a specific project. He is wary of the meetings becoming a project-oriented process as opposed to a land use planning process. The 60-foot height requirement is somewhat arbitrary, and as long as the FAR ratio and parking standards are met he has no problem with raising the building height. Commissioner Padgett thinks the plan should go forward and he votes to recommend it to the City Council. Commissioner Anderson said she read a City of Beaverton memo about unlimited height in that area and that is something for Tigard to consider right next to that area. Commissioner Topp responded that one way of addressing it is establishing the height requirement and then allowing more height through the conditional use permit process. Commissioner Padgett also commented on discussion at the 11/15 meeting about how the transportation issues fit into the total plan, and that a lot of height density is being allowed without having funding in place to mitigate that density. As John Spencer pointed out, it is more of a density shift instead of an increase. He believes transportation will be paid for through funding, not by fees or other development charges. The density could increase even without new development or transportation improvements. This is PLANNING COMMISSION MEETING MINUTES - November 22, 1999 - Page 2 the best chance to change that and at least set the stage to mitigate the impact of increased density on transportation. Commissioner Anderson said she is sensitive to citizens' concerns about the wetlands. She asked if any acreage is set aside in a protected zone, and was advised that Dr. Davis has existing area on his property that is protected. Commissioner Anderson said she is not convinced that wetland areas will receive the full protection it deserves from encroachment of future development due to the zoning in that area, and she proposes some kind of overlay zone, but is not sure of the best way to address this and would like to discuss alternatives. Nadine Smith said there is an existing overlay zone that includes the wetlands, floodplain, and buffer area. Metro standards are being set and the area is required to meet those standards. If Metro standards are more strict, the plan's standards will have to change. Upon Commissioner Anderson's inquiry about an overlay protection for the mixed use commercial area, Ms. Smith said it is the same kind of use, that the wetlands are protected with a 50-foot buffer and flood plain regulations are the same regardless of the zoned use. Commissioner Anderson said she is not convinced that the proposed zoning is the best protection for the area, that there needs to be additional mitigation to protect the flood plain and wetlands if commercial development is allowed in the area. Commissioner Padgett noted that usually any area around the wetlands is generally developed as a single parcel, so there seems to be much more protection and more sense on the part of a parcel developer for protection if it is zoned for them to do it right the first time rather than multiple single-family homes going in at different times with multiple property owners having different theories and economic situations determining the development. Commissioner Anderson said she fears the resource areas will be encroached upon in spite of that reasoning and even with a buffer, due to evidence of deterioration in other protected areas where development has been' allowed. The building height requirement is only one area of concern for resource area protection. Commissioner Incalcaterra asked if upzoning the Ash Creek flood plain is an option of last resort. Planning is needed to accommodate growth, but accommodating growth in a wetland should not be the first choice, it should be the option of last resort. President Wilson responded that the task force did consider this. Metro established a requirement for a certain number of housing units and a number of areas were looked at as places to put those units. Originally one of those areas was the Metzger single- family residential area. Because of extensive opposition, areas closer to Ash Creek were chosen, but not the wetlands or buffers because they are protected and will not be PLANNING COMMISSION MEETING MINUTES - November 22, 1999 - Page 3 developed. Flood plains are protected to a lesser degree and can be developed so long as there is no impact; they are storage areas. Zoning is not and never has been a tool for protecting wetlands or flood plains, and cannot be used now because it would afford this area greater protection than Fanno Creek, the Tualatin River, and other existing flood plains and wetlands. To provide additional protection, a change to the water resources overlay zone should be considered, which is already occurring through the current process of revision to Metro standards. He believes it would be a mistake to ex ;Iude thin area from that process simply because of a lot of opposition. Wetlands and flood plains change over time due to factors such as sedimentation and varying rainfall, so it would be a mistake to lock it in on the zoning map. Although it has been a big concern and there may be a desire for purchase as parkland to preserve it, it has never been identified for purchase with Metro funds and this might be something to look at unless more significant areas are found elsewhere. A lot of people just want the area to stay the way it is, which will not happen even under the existing zoning. In answer to Commissioner Incalcaterra's question, it wasn't the first choice, but it was the second. Laurie Nicholson commented that Washington County's recommendation for complying with Metro's functional plan is to rezone the Metzger area to R-40 to meet their density target for the regional center. The task force heard the concerns of the Metzger residents and one compromise was to shift the density away from that neighborhood so it could remain single-family. Commissioner Mores feels there may be some misunderstanding when people look at the maps, see the MUE1 zone over the wetlands, and then think that means there will be development there. People need to be assured there will be no development in the wetlands. If you look at the maps, it looks like we're going right through that creek and that may be causing confusion. To enhance the area and avoid damaging it, it should be developed as a nice park area that is more accessible to people. Commissioner Olsen said he is impressed with the work of the task force. There is no way for a proposed plan to please everyone. In spite of that, the large amount of work done by the task force and others should be looked at because zoning and traffic problems already exist in the area and must be dealt with. He feels the flood plain and wetlands are adequately protected by the proposed overlays and buffers. The impact on neighborhoods is a big concern, but growth will occur anyway and planning for it now will help shape that development and hopefully allay future problems. Transportation alternatives were explored in detail and he feels comfortable with the proposals made in the plan. Mr. Olsen thinks it is a good plan and he supports it. Commissioner Topp supports recommending the plan. The change in zoning is not very different than the current zoning in terms of the impact for development, transportation, drainage, etc., it merely allows for a transition for other types of uses. However, he is very concerned about the wetlands and flood plain issues and feels proper zoning should be made now for protection of those resources. Development should not be allowed in PLANNING COMMISSION MEETING MINUTES - November 22, 1999 - Page 4 natural resource areas under any circumstances and specific zones should be created for their protection, not just by allowing the transfer of density, etc. These areas should not be upzoned. Regarding the height requirements, Mr. Topp would prefer lower level buildings and he is concerned about the interplay of the different requirements concerning height, floor area ratio, and setbacks. He would like to see some of these issues and concerns resolved before recommending approval, but is in favor of the overall concept. Commissioner Griffith said he supports the concept but certain issues must first be resolved, such as the increased density that increases storm water. Storm water capacity and how it will be dealt with should be determined before a certain density is allowed. Right now it is not known if the proposed density will have a negative impact on storm drainage. The same is true for the transportation elements in that although the concepts are good, funding has not been determined for those concepts. The proposed overpasses, people-movers, etc., are good ideas, but there is no plan in place to fund them prior to the impact made by the increased density resulting from the zone changes. Protection of the wetlands and flood plain is also in question if increased density causes changes in storm water drainage. Mr. Griffith wonders if there is some way to accept the concept but defer the zone change and density change aspects until more technical information for these infrastructure issues is obtained so that these concerns are resolved prior to implementing changes. Although it is a good plan, the priorities are a little bit backwards at the present time. Commissioner Padgett said the transportation changes are necessary even if funding is not in place. The density will occur with or without a plan, so it is better to have a transportation plan in place. Commissioner Griffith responded that the effective implementation of the plan has a direct relationship with the ability to move people around the area and alleviate traffic problems, and there is no assurance that will happen. After further discussion, Commissioner Padgett replied that regardless of current funding, he feels the results of increased density will be worse if there is no transportation plan at all. President Wilson (Exhibit A - memo to PC members) said he agrees with Commissioner Griffith. He supports the plan and thinks it should be recommended to the City Council as endorsed but not adopted until negotiations are completed with the City of Beaverton and Washington County. Upon agreement of the three entities, the plan can be modified to reflect the best strategies and anticipated outcome, with adoption by the Council dependent upon obtaining solutions to the various concerns. His hope is that prior to adoption, the following things are accomplished. First, recommendations for transportation improvements should be refined to a sufficient level of detail to determine need for right-of-way acquisitions and to identify cost and realistic funding strategies. Even if funding is not first established, it is necessary to determine where roads will be developed or improved in order to plan development around that determination instead of allowing development to make that decision without prior planning. Additionally, given the regional nature of the plan, regional funding strategies need to be looked at. PLANNING COMMISSION MEETING MINUTES - November 22, 1999 - Page 5 Tigard citizens should not bear the whole burden of funding the transportation improvements; region-wide funding solutions must be pursued. President Wilson said he would also like a legal review of the proposed Comprehensive Plan language specifically regarding page 10, section 11.8.4, which says necessary transportation facilities as determined by a traffic impact assessment should be in place or planned to be constructed in time to support new development. Presently, denial of a project based on a traffic report is not possible because if a project is allowed by the zoning it must be approved. Along this same line, he believes density is raised and not just shifted--new zoning that allows increased building height makes some projects more economically feasible than with the current zone, and if new development is approved based on zoning then density will therefore be increased. The area west of Hwy. 217 could not be redeveloped without a zone change. In response to Commissioner Padgett's opinion that development will occur regardless of zoning, President Wilson remarked that expansion does not make sense under the current zoning and development will not change if the zoning is not changed. President Wilson also said he is opposed to a change in building height. He feels the plan resembles downtown Portland, with a series of higher office buildings in a ring outside of the mall area that requires driving from one building to another. The market can only accept a certain amount of office space in this area, so it should be consolidated in the core area so that office buildings are within walking distance of each other. Raising height restrictions outside the core area allows density further away from the core, resulting in the need to drive between office buildings and the need for large parking structures. Although parking structures may be more expensive to build in the core (mall) area, he thinks the plan should provide for higher building height there rather than further out. President Wilson briefly commented on other concerns. He noted that the Comprehensive Plan amendments and Zoning Code amendments could be better integrated into the City Code. Any new zones created under this plan should go into the City Code's zoning section. Concerning the wetlands, parks, and open space in the area, although there are satisfactory recommendations in the plan, he feels more attention should be given to the Ash Creek area for additional protection, as well as trail systems because they are very hard to acquire. In closing, President Wilson said he believes the City of Tigard should establish a redevelopment agency to accomplish the goals set forth in the plan because he does not believe the traditional zoning and regulatory tools provide sufficient means to effectively achieve the desired results. Commissioner Mores said he feels it is a good plan that will improve living conditions in the area. However, the transportation issues need to be resolved so that the existing traffic problems do not increase. He is also concerned with protection of the wetlands. He agrees with the concept of endorsing the plan without recommending adoption. If the areas of concern can be resolved, he believes the plan should be adopted. PLANNING COMMISSION MEETING MINUTES - November 22, 1999 - Page 6 Commissioner Padgett asked if there is a deadline for Metro approval. The Commissioners were advised that a plan must be implemented by the end of February. The plan must clarify how the required population of the area will be accommodated. Brenda Bernards, a planner with Metro, said there are two requirements for Tigard's functional plan. One is to draw the boundaries of the regional center, and this has been accomplished. The second is to finalize the capacity numbers and having an employment target. Under existing zoning, those targets are close to being met and with the proposed changes to this area she thinks the targets will be met or exceeded, even to the extent of accommodating a portion of Washington County's numbers. Metro's requirement is that the numbers assigned to the area can be accommodated. This is accomplished by having the proper zoning in place. Metro has given Washington County a six-month extension to meet the requirements. If Tigard needs more time, the Metro Council would have to grant an extension of time. Metro does not have authority for approval or non-approval of the plan, it has an agency such as ODOT comment on the zone changes. Tigard has a letter from Mike Burton endorsing Tigard's proposed plan. Metro only requires that the mandates are met, and it is up to Tigard to determine how that is accomplished. If zone changes have not been adopted by February, an extension will need to be requested for that portion of the functional plan. Commissioner Olsen asked what would happen if there were disparities or disagreement between Beaverton, Washington County, and Tigard proposals. Ms. Bernards replied that disagreement would not change the required numbers to be met. She does not know what would be done if the three entities cannot agree on a plan. The timeline has been in place and the central plan was approved in November 1996 and was in effect in 1997. The Metro Council has been extending the deadline for adoption of a plan because it recognizes the importance of the issues to be resolved in order to meet the mandates. Tigard's numbers can still be met, even if Beaverton and Washington County do not agree with this plan. The only requirement is to show Metro that the numbers can be accommodated with the proposed rezoning. Presentations have been given to Beaverton and Washington County, they have been very supportive of the planning that has been done, and there has been no disagreement to the proposed transportation improvements. Agreement on the plan will need to be reached regarding the transportation issues, so there are some formalizations that still need to take place. President Wilson said he believes the plan can be adopted relatively swiftly, and the recommendation to the City Council is only to delay until Washington County and Beaverton sign on. He is more concerned with the zone changes and that those be delayed long enough to ensure that the plan can actually be implemented. Laurie Nicholson commented on the density targets and timelines. Washington County's proposal to Metro was to rezone the unincorporated area to R-40 in order to comply PLANNING COMMISSION MEETING MINUTES - November 22, 1999 - Page 7 =11111111 IF1111; III, 111millim In with the functional plan. As a compromise to what Washington County wants to do, Tigard has agreed to accept that density, but to locate it other places so that that area can remain an R-5 zone. This may affect endorsement by delaying Washington County's timeline as far as their ability to show that they can accommodate the required number of residential units. President Wilson responded that any delay from Washington County is not a significant factor. It is more important that the entities can come to an agreement prior to adoption by the City Council. Commissioner Topp asked if it even matters whether or not Beaverton or Washington County agrees with the proposed plan, because Tigard still has to meet the requirements. President Wilson responded that agreement is necessary because there are certain transportation issues common to and affecting all three areas. All three areas comprise the regional center. Commissioner Padgett commented that there is a bigger responsibility here than just meeting the Tigard area requirements. Commissioner Topp said he understands that the transportation proposals are a regional issue, but his concern is with the zoning. Applying a certain zone to an area that increases development to that area is going to have transportation, drainage, and other impacts that need to be dealt with. If there are other issues in terms of transportation, then those need to be addressed, but not as part of the zoning determination. Commissioner Griffith stated that he disagrees. Creating a zone that places 40 units in an area versus 5 units is a relevant impact. Commissioner Topp responded that the functional plan now in effect requires the increase in density and the city must comply with that. It does not matter what the zoning determination is because increased density in any type of zone, whether it is industrial, residential, mixed use or other, will have the same end result of creating transportation and drainage impacts. Commissioner Griffith said that is correct, so therefore the whole region needs to look at where that increased density can best be accommodated. If Washington County does not agree with Tigard's proposal, then Tigard will have to accommodate the increase. If that becomes the case, then Tigard will have to determine where that accommodation is best suited. An agreement on this should first be reached with Beaverton and Washington County so that when the plan is adopted, it will have the support and advocacy of the whole area. Then, when the infrastructure studies are complete, the City Council and staff know what actions must be taken to best fit the agreement. If no agreement is reached, it could end up that planning done by Tigard now would have to PLANNING COMMISSION MEETING MINUTES - November 22, 1999 - Page 8 be reevaluated later to conform with opposing plans by Washington County or Beaverton. Commissioner Anderson believes there was an intent by the task force to track Washington County and Beaverton planning to facilitate agreement later. Commissioner Olsen pointed out that the Planning Commission is only making recommendations to the City Council. The Council will make the final determinations. However, it is the Commission's responsibility to make the best recommendations possible. President Wilson noted that with regard to the deadline, requests by Tigard for extensions are not made for delay purposes. This should be made clear to the Council. The Commission endorses the plan, but is unwilling to make zone changes or cause impacts that would actually make it more difficult to implement the plan. Commissioner Incalcaterra stated that for the most part she agrees with the concerns that have been expressed about not having enough details to fully adopt the plan. If adoption is delayed another eight months to study the storm water impact, other issues could arise during that eight months and cause further delay, because there is never a day when you have perfect information. However, she believes that if the deadline for adoption can be extended, it should be taken so that there is an opportunity to at least improve on some of the information That is missing. Her position is similar to those expressed by President Wilson and Commissioner Griffith about endorsing the plan but delaying adoption until more information is obtained as outlined in the memo (Exhibit A) and endorsement is made by Washington County and Beaverton as well. Commissioner Topp requested that if a motion is formulated based on the memo, that item "g" not be included as anything more than a general recommendation to Council. He said he likes the memo, but is concerned about item "f' regarding the purchase of natural resource land when other mechanisms, such as density transfer, can be utilized for protection. Therefore, he would like to have that included, with the proviso that the decision to transfer the density is made by the Planning Commission and not by the developer. In addition, any ordinance from City Council should not take effect until Beaverton and Washington County approve the plan. President Wilson agreed with the amendments to Exhibit A. President Wilson said that any ordinance would not be effected until adoption of a plan, be ;t one plan based upon agreement between the three entities, or three different plans by each entity. He believes there will be full agreement prior to adoption of the plan. It is intended to be a regional plan. President Wilson moved for an endorsement of the plan to the City Council, including recommendations to the Council of (1) the text set forth in Exhibit A; (2) with an PLANNING COMMISSION MEETING MINUTES - November 22, 1999 - Page 9 amendment to item 2.f. in Exhibit A to include an implicit transfer of density; (3) and with the intent that item 2.g. in Exhibit A be changed to become item 3 so that it is not associated with item 2 but is a general recommendation to Council; and, (4) that adoption of the proposed plan or a modified version thereof be contingent upon full agreement of all involved legal entities. Commissioner Griffith seconded the motion. After a brief discussion, a voice vote was taken and the motion passed unanimously. 4. OTHER BUSINESS None. 5. ADJOURNMENT The meeting adjourned at 8:45 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Nick Wilson PLANNING COMMISSION MEETING MINUTES - November 22, 1999 - Page 10 TESTINI~N D S~BMITTE ~O Y C0CIL 00010 Squave centev PIP comment Phone cm State Zip apposes pion Street c~7223 977. 893 portlan OR d+ Last Name Date ~cstName 705 gVy 77"' Ave Stay{Ord 92/Sg Teresa t~s oswHONe wA sn.ooc I:WD~GREE~I,ISTS 1~~ RECEIVED JAN 12 -2000 Pat Whiting COMMUNITY DEVELOPMENT 8122 S.W. Spruce P Tigard, Oregon 97223 r61-~A • January 12, 2000 Tigard City Council Brian Moore, Presiding Officer City of Tigard 13124 S.W. Hall Blvd. Tigard, Oregon 97223 RE: Washington Square Regional Center Plan Proposal Dear Councilman Moore and City Council Members: The Washington Square Regional Center Plan before you for consideration is far from being finalized in it's current form. The regional center plan is not only lacking in content, it contains many directives that are contrary to what a viable, quality directive center plan should be and could be. How did this plan get to this point in time where a city council is holding the first public hearing with anticipation of making a final decison on February 8th just 14 days afrer the January 25, 2000 public hearing. For one year and four months the Task Force of which I was a member worked in concert with regional center city planning staff and consultants. Throughout the process Citizen Participation Organization 4-M (CPO 4-M) studied and reviewed plan developments and local citizens and business representatives gave testimony, submitted petitions and attended and participated in the open houses. The regional center plan before you for consideration contains many directives that are contrary to public recommendations. The plan contains many items that will negatively impact a thriving existing community of Tesidential homes, multiple-housing residents, small businesses, a local communi ty 7-acre park, an elementary school and adjacent Tigard, Beaverton and Metzger neighbor- hoods. And, the plan in its current form has the potential to destroy a sensitive lands area - the Ash Creek Wetland and Floodplain. It is still a viable natural resource and part of the Fanno Creek Watershed that is susceptable to frequent flooding, that is part of natural migratory bird pathway, that is home to urban wildlife and has been an important part of fish habitat. And, although many of the vision items that citizens identified at the 1st and 2nd open houses are sited in the Guiding Principles section on pages 8,9 and 10, the content of their comments are, in part, compromised. The principles were written of course as they are with the reworking by the Tigard City Council Pat Whiting Re: WSRC Plan Proposal 2 January 12, 2000 Task Force and regional center staff. At this point this is where the public involy Q ment criteria has actually been compromised to such a level that the plan does not reflect the interests and concerns and visions of many of the various communities that throughout the planning process submitted comments, letters, petitons and testimony. For example, very dear to the heart of many people who not only live and do business inthe Metzger and Tigard area but to people who also use the park who do not live in the vacinity is Metzger Park. It is 77 years old. It is a 7-acre LID managed community park that is the site of established Oregon plants, tree groves, tennis courts, play equipment, grass area for major and minor festivites and a Hall all managed by a Board of Directors and Washington County. Metzger Park is fulfilling community needs. Citizen input stressed preservatoin of Metzger Park. Staff and Task Force members injected the word "enhance" Metzger Park. This word does not reflect the community input not support. Yet, it somehow was injected into the discription of the park. What is needed are additional parks. And, although the plan now refers to the need for parks, th Task Force did not specify new parks inside the center boundaries. In the Washington Square Regional Center Study of the Fall Open House Report of November 18, 1998, on page 1, the summary states that: Metzger participants, largely from the surrounding residential neighborhood, are more concerned with possible changes in zoning designations. While not unanimous, the majority of residents who participated in the open houses and answered perceptionairs do not favor zone changes in their neighborhood. A majority of all respondents (Mall, Metzger and mail-in) support encouraging environmentally friendly development, improving pedestrian and bicycle connections and transit to the Mall and around the study area; main- taining neighborhood schools; preserving open space, streams wetlands and historic trees; and having a sense of stewardship for future generations. In the Responses to Individual Displays Section, page 2, under Identity, "Mall and Metzger respondents share support for encouraging environmentally friendly development, keeping historic trees; respecting the character of nearby residential Non= Tigard City Council Pat Whiting Re: WSRC Plan Proposal 3 January 12, 2000 communities, ...respecting private property rights; and being innovative in improving and maintaining quality of life." Regarding the "trees" the emphasis is "keeping." Yet, in the plan the wording that is proposed is "Try to keep historic trees." (See page 8). "Environmentally friendly development" and "respect for private property rights" and ..maintaining quality of life" are now replaced with the following criteria: 1. On pages 13 and 14 - buildable lands data and redevelop- ment opportunity mapping, 2. On pages 36 to 39 - proposed high denity zoning mostly in the subarea of C whre existing homes, Ash Creek and the wetland and flood0lain, Metzger Elementary School and affordable higher density multi-housing are already established. 3. Under Development Capacity witin the Regional Center on page 39, the plan projects accommodation of 10,100 additional jobs and 2,067 new housing units. When responding to questions of rezoning and higher density directives and the character of nearby residential cvommunities, local residents included the residential community that is in the study area as being adjacent to the Washington Square shopping and commerical area. But what has happened is that wording in the plan seems to purport approval of redevelopment conversionof resident areas south of the school to the highest density possible which is 50+ (100) units per acre. And, the Ash Creek Wetland and Floodplain is proposed for zone changing 7`o the highest mixed-use employment and mixed- use residential designation of 50+ (100) units per acre. During the course of the task force activity, as a task force member and as a participant representative of CPO 4-M, I submitted formal request to the task force to accommodate regional center development with an easterly boundry being Greenburg Road. We offer that proposal again today because the City of Tigard and Task Force plan boundry selection harbors the most contrary and non-community orientated problems inthe Subareas of "B" and "C" (Please refer to page 21 of the Plan. Tigard City Council Pat Whiting Re: WSRC Plan Proposal January 12, 2000 4 The greatest impact will be born on the property owners and people that live, work or attend elementary school east of Greenburg Road. Inclusion of the estab- lished neighborhooods in this plan was not the decision of Metro, it is your decision. Inclusion of the important wetland and floodplain in Sub C is not Metro's choosing and it is not tti.s community's choosing nor is it the choosing of most of the people who live adjacent to the floodplain, it is your choosing. Extensive data has been submitted to the task force regarding the importance of not up-zoning the wetland and floodplain. Environmental quality, residential life quality, preservation of trees, and respect for the residents and businesses already established in the affected area will sustain the highest level of development and redevelopment in all of Washington County. As we are opposed to this synario, we request that you change the easterly boundry to Greenburg Road and proceed with a regional center focusing on the already commercialized and accessable area of Washington Square west of Greenburg Road. The proposed frontage road along Hwy 217 that would parrellel the wetland and floodplain and the widening of Hall Blvd to five lanes would greatly impact the surround- ing communities. CPO 4-M recommends a three-lane on Hall Blvd with bicycle and walking paths on each side to accommodate the transportational needs of the area and compliment existing neighborhoods. A 3-lane boulevard would be the safest for the many children that use both the Metzger Park and the Metzger Elementary School. Proposed regional transportational center facilities that include the railroad line for commuter travel, S.W. Nimus Ave. arterial, S.W. Cascade Ave. minor collector, a people mover across Hwy 217 from Washington Square to Nimbus, and S.W.Greenburg as a Major collector are plan priorities that can be supported. Diverting regional traffic through the Tigard/Metzgder residential and small business area along Hall is not a solution. It will result in loss of existing businesses, housing and a quality of life per .)ective that currently exists. In addition, CPO 4-M requests that you develop additional flooding data to be added to the plan before adoption in light of the existing drainage situation that persists throughout the area. Tigard City Council Pat Whiting Re: WSRC Plan Proposal 5 January 12, 2000 Since the CPO supports good land use planning, the question is raised as to why regional center staff are proposing a different code that would be applicable only to the proposed regional center and different from the rest of the City of Tigard affecting water, sewer and drainage facilities? In the latter part of the task force meetings an additonal paragraph was added to the proposed plan. It is on page 26 of the Report: ...aggressive regulatons intended to promote the vision, protect the environment, encourage transit use, etc., may result in discouraging development. Local governments and community memvers must be prepared to work with the development community to ensure that propoerty development remains an attractive investment within the regional center. Now regonal center planning staff is urging you to adopt a new code policy - Policy 11.8.3. It contains the workd"should" which could result in a non-mandatory requirement as pretains to adequate water, sewer and drainage facilities as a precondition of development. This is n contrast to your current city policy which is "unqualified in its requirement for adequate urban services facilities." The CPO has not had a chance to review this item, therefore, I personally raise the issue and respectfully oppose the inclusion of Policy 11.8.3 if it will have the effect of not requiring proper water, sewer and drainage facilities prior to development. The CPO would have preferred to have three workshops instead of open-houses because there is greater citizen involvement and the potential for "meeting of the minds" in a round table discussion and planning. Therefore, we request that the plan be delaid and greater citizen input be allowed to address the conflicts identified herein. It is requested that you consider adopting the Minority Report and not up-zone the Ash Creek Wetland and Floodplain. In conclusion, I would like to pose the following question: Because the City of Beaverton and Unincorporated Washington County are inside the proposed regidnal center boundry, if this plan is adopted will their tax dollars be garnished to pay for the recovery process in the event of a bankruptcy? Or, will that burden lay only on the taxpayers of Tigard? This testimony is submitted for the record. Thank you. .vc'i~ Pat.Whtting s RECE=IVED C.G. JAN 1 2 2000 10920 SW North Dakota St. Tigard, OR 97223 January 10, 2000 Tigard Mayor Jim Nicoli and Tigard City Council 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mayor and City Council Members: I would like this letter to be a matter of public record for the January 25th meeting. This letter concerns the concept of a Washington Square Regional Center and the proposed "upzoning" of the Ash Creek Wetland/Floodplain. I do not think that there should be any change in the zoning of this area. Wetlands are extremely valuable, in fact are a treasure to be jealously guarded from any encroachment by buildings, parking lots or anything else. We need to protect our wildlife and to have the wetlands to help with flood control. I believe that we should have as an absolute priority, the total preservation of the Ash Creek Wetland/Floodplain. Sincerely yours, Anne M. Braun J~O O - 92 0 S.W. 80th Ave. Portland, OR 97223 ~~~January 12, 2000 TESTIMONY REGARDING THE WASHINGTON SQUARE REGIONAL CENTER PROPOSED PLAN / i cad (A ( i i) ~D a My name is Jill Tellez, and I am a small business owner who lives and works in Metzger. I am a licensed real estate property manager, and am very interested in what the City of Tigard's vision is for the future of my neighborhood. I would like to submit testimony in regards to the proposed plan, and am requesting that it be included in the record. I have attended all of the task force meetings with the exception of the last one. My apprehensions grew with each successive meeting, however, when I experienced how flawed and incomplete the planning process was. In addition to the obvious transportation problems, there are other deficiencies in this plan which must be addressed. FLOODING 1. In spite of the fact that high density development is being planned in a high risk wetland /floodplain, there is no mention of the dangers or liabilities of such a risk in the plan. The closest mention is on pg. 68, which states, "...the area requires substantial investment in stormwater drainage." 2. Businesses and homeowners will have a difficult time obtaining financing and insurance for construction in a floodplain area. 3. Homes and businesses up and downstream will be negatively impacted from run off and pollution of the new development. The only reference made in regards to these impacts was by John Spencer, who said he didn't "think" neighborhoods downstream would be affected. ENVIRONMENTAL CONCERNS i 4. The Ash Creek wetland /floodplain is a sensitive lands area, and a stopover for migratory birds. No impacts have been studied by the task force in reference to the displacement of wildlife, or the destruction of their habitat, in spite of their mentioning it in the plan. This is in violation of Metro's Goal 5 mandate. 5. The Endangered Species Act is not being addressed adequately in reference to the impacts to steelhead and cutthroat trout in Fanno Creek resulting from pollution, destruction of vegetated corridors, and water runoff. Ash Creek is a tributary of Fanno Creek. 6. Because steelhead trout are on the endangered species list, the National Marine Fisheries Service will be levying substantial fines against any act that will "take", meaning negatively impact, or threaten the fish in any way. This includes degrading water quality, and destruction of habitat. The construction process, pollution, and stormwater runoffs will impact fish in a negative way. PARKIMG LOTS: Because there will be parking lots built which will be doing double- duty with the shared parking concept, the collected gasoline, diesel and oil will wash down and compromise water quality for endangered fish populations in Ash Creek, Fanno Creek, and the `Tualatin River. There is no way to control the runoff of pollution into water corridors. Will the taxpayers have to pay these penalties for harming fish habitat, or will they be factored into the cost of construction? There are loopholes in Title 3 which cannot be relied upon for environmental protection. This plan will circumvent the existing policy in place, 7.1.2, with the more environmentally lax 11.8.3. INTENTIONALLY MISLEADING Has the City of Tigard intentionally tried to manipulate the community and others with partial information and misleading facts and statements? 1. The plan states that the floodplain will only increase by 10%, with no scientific data for support. A watershed peak flow chart compiled by data from Metro states that the Ash Creek floodplain will almost triple by the year 2040. 2. For a year and a half, the task force maintained that Metzger Elementary School did not need to be renovated to accommodate new students because "this type of development does not generate school age children". The Tigard-Tualatin School Board in fact had plans underway for renovation which were disclosed publicly for the first time on November 15,1999, at the Planning Commission hearing. Why weren't these plans disclosed earlier? 3. Laurie Nicholson stated on Dec. 14,1999, at the City Council Hearing that relevant governmental agencies were contacted, and have not responded. To date, there are letters relating to this plan from the State of Oregon Floodplain Manager, Oregon Department of Fish and Wildlife, and Unified Sewerage Agency. Is the task force downplaying these responses because they don't support their development plans? a a 4. The City of Tigard has sought legal advice in relation to blocking information to i Planning Commission and City Council members regarding health and safety issues on the grounds that it is "quasi judicial", and "quasi legislative". 5. The planners maintain they will protect the wetland, but are including an ordinance 11.8.3 which will create a lesser standard of protection than the current 7.1.2. which will apply only to the regional center. At a Washington County Board or Commissioners work session held on Nov. 9,1999, the statement was made "if you want wetlands preserved without up zoning, where do you put the density? Employment and growth have to go somewhere". 6. The planners have concocted an "exciting greenbelt surrounding the regional center boundary", declaring that there are 400 acres of open space. These greenspaces are already existing in the form of the cemetery, the golf course and other acreage where there is no development. There is no parks plan to speak of. For this to serve as the parks plan for this high scale development is absurd. 7. The planners have never produced transparency overlays of the proposed development, (outlines of their proposed plan on clear plastic sheets to lay on top of the sit, which have been requested several times. Why not? g. Elaine Cogan refers to community members as "skeptics, deniers, and realists". This illustrates the chasm between the planners and the community. If the planners would answer questions, attend to the issues of concern, and employ scientific data in their findings, perhaps they wouldn't feel compelled to resort to name calling. For her to publicly inject antagonism in this forum is inappropriate. She says the community doesn't trust the system. I have been functioning successfully within the system for many years, and it is my trust in the system that gives me confidence that decision- making bodies will employ professional, unbiased and rational judgments in relation to this plan. 9. The minority report is being downplayed as much as legally possible. It is being treated as appendix material instead of a plan option. It is willfully being edited from packets distributed to Planning Commission and City Council members. 10. HISTORIC TREES: The work session minutes from the Board of Commissioners meeting, dated Nov. 9,1999, state that they will "keep historic trees and areas", yet the plan says they will "try to preserve historic trees". If they are sincere about saving the vintage oaks, they will change that language, and should impose a stiff penalty for cutting them down. OUT OF ']COUCH For the planners to simply state, "build it and they will come," is an immature and foolhardy statement. There needs to be closer attention paid to market forces and insights as to what will attract and maintain the select group which is their target market, the high tech industry. Currently there are properties in the area for sale sitting on the market month after month. What kinds of businesses are they catering to? What will be the attraction for drawing the upscale businesses and residents? The planners said at the Planning Commission hearing that they want to be another downtown Portland, yet they don't have any cultural amenities or attractions planned. 3 O"M NORM 4 CULTURAL AMENITIES AND ATTRACTIONS DOWNTOWN PORTLAND TIGARD 1. The Waterfront NONE 2. Sculptures on the street 3. Arlene Schnitzer Concert Hall 4. Portland Art Museum 5. The Japanese Garden 6. The Rose Garden 7. Swanky hotels and restaurants 8. The Portland Opera 9. The Japanese Memorial 10. The Rose Garden Arena 11. The Chinese Garden (under construction) 12. The Oregon Symphony & other classical groups 13. "Old" money 14. Historic trees which they value 15. The Children's Museum 16. Crystal Springs Rhododendron Garden 17. Portland Trail Blazers basketball team; the Winter Hawks hockey team 18. Oregon Maritime Center and Museum 19. Historic buildings 20. Oregon Museum of Science & Industry 21. Wineries & micro breweries 22. The Weather machine in Pioneer Courthouse Square 23. Yamhill Historic District 24. Chinatown 25. Civic Stadium 26. Vintage trolleys 27. The Oregon History Center 28. Saturday Market 29. State of Oregon Sports Hall of Fame 30. Oregon Ballet Theater 31. Various theater groups 32. Vibrant night life /hip nightclubs 33. Constantly running drinking fountains. The City of Portland is currently undergoing an intense renovation and construction plan themselves. This is real competition for this regional center. Any successful businesses wanting to set up shop in this area will be attracted to downtown Portland, because it has more to offer in terms of aesthetics. A developer for the Blitz-Weinhard blocks, Dennis Wilde, states that "nothing is more deadly than above-ground parking. We want this to be a vibrant neighborhood." What does he know that these planners don't? The emergence of "e-tail" will impact the landscape of retail development in the future; there is no consideration for this. ILL Because the planners haven't considered any amenities for this regional center, they could be catering to the type of businesses found in the Tigard Triangle: Costco, Winco, Babies "R" Us, Car Toys, etc. I cannot endorse development catering to these types of "big box" businesses which serve no aesthetic value for the community. To date, the Babies "R" Us facade is the tackiest storefront within the City limits; with it's oversized pastel-color tiles depicting baby bottles, pacifiers, and strollers. LAGUNA WEST/ZONING FAILURE/BANKRUPTCY Two people created the 2040 concept for regional and town centers, John Fregenose and Peter Calthrope. Peter Calthrope's crowning opus was a project in Sacramento,California, called Laguna West. It was a rectangle of about one-half by one-quarter of a mile, with mixed-use businesses planned for the corners, the middle area containing residential units and shopping. They couldn't attract the businesses, and went bankrupt in 1991. It eventually was "de-Calthroped", and now looks like any other suburb in America. The planners are gambling with our tax dollars by investing in these new zone designations, which have never existed successfully anywhere before. The danger of bankruptcy is exacerbated by the fact that this is in a high risk floodplain. There should be a provision written into the plan that the taxpayers will not have to pay for recovery in the event of a bankruptcy. DEVELOPER INCENTIVE Not only will the developers get a 10-year tax abatement, but, if this plan passes, they won't be responsible for underwriting the infrastructure costs that they normally would have to pay for, since that cost will come out of our tax dollars. (Hence the push to maintain the "regional center" status). HALL BLVD. Studies have proven that real estate located next to a busy street degrades it's market value. If Hall Blvd. is widened to 5 lanes, it will devalue the homes and businesses adjacent to it. Accident data on fatalities occurring in arterial roads other than the freeways, proves that there are more people injured and killed on those arterial roads. Because Metzger Elementary is located where the school children have to cross Hall Blvd. twice a day, (preschool children too), it is dangerous to widen Hall Blvd. and put these young children at risk. NO REGARDS TO IMPACTS Because of the high risk nature of building in a sensitive lands area and floodplain, there will be negative impacts which will have to be addressed in the form of higher than normal costs to the taxpayer. There is no way that people can control the pollution which will most surely impact water quality and wildlife. Extreme measures will need to be taken to try and maintain clean water for endangered steelhead. For example, 5 parking lot cleaning machines are extremely expensive, but will need to be purchased to save endangered fish. If one can even get insurance, the rates will be higher than normal. If caution isn't employed now to try and save our endangered fish populations, it will be more expensive to the taxpayer to fix what they build instead of planning for the impacts now. AFFORDABLE HOUSING It is wrong to destroy the existing residential community to accommodate new businesses. In spite of the plan stating that it will accommodate all income levels, in actuality there is no compensation for affordable housing. There is a four year waiting list for apartments whose rents are below $600/month for a 2-bedroom apartment. This plan will be destroying affordable homes to make way for new businesses. The irony is that it will wipe out the very thing that this region desperately needs: affordable housing. CRITIQUE THE DEVE-LOPER If local property owners are expected to pay higher taxes for this plan, I want to know the track record of the developer. How is it that developers don't undergo a review process before construction? The City of Beaverton is suffering a nightmare because of problems with the developer involved in the Beaverton Round project. LENDING INSTITUTIONS Private lenders will not invest in high risk projects. There can be no success without private investment. NO TRUST This planning process has forcefully been tailored to cater to the City of Tigard's concept of a regional center. Instead of working with the taxpaying community who will have to pay for this in the form of higher, taxes and bond measures, and live with the discomfort of construction and flooding consequences, the planners resort to downplaying legitimate concerns for health, safety, and protection of the environment. It is politically incorrect for the City of Tigard to ignore the Federal Government's appeal at the local level to assist in recovering endangered fish populations. How can this community trust the City of Tigard staff when they intentionally downplay health and safety issues in exchange for their own financial gain? If they ignore these issues now, can we depend on them when a flooding event occurs? ' The only aspect of the regional center designation that this plan addresses is the high density and transportation factors. It does not include impacts on wildlife, storm water management, affordable housing, or parks, natural areas, and recreation, or saving the vintage trees. It is not' appropriate for staff and planners to pick and choose the regional center criteria which benefit them, and downplay the aspects which don't. It is one thing for land owners and contractors to collaborate and build a project, but quite another to call it a community plan and use tax dollars to augment it's construction and related costs. 'T'hese planners and the City of Tigard need to come out from behind their smoke and mirrors and reveal exactly what they have in mind. This is not a community plan. It is a high risk venture in capitalism which includes no parks plan and no cultural amenities; destroying a viable residential community to make way for the lowest common denominator of retail businesses. It will degrade the quality of life we currently enjoy, by building a high density development at the direct expense of a valuable natural resource and critical water storage area. Signed: 9JUItTelle! January 4, 2000 RECEIVED C.O.T. Trudy Knowles JAh 06 2000 PO Box 230275 Tigard, Oregon 97281 To the Members of Tigard City Council My name is Trudy Knowles. I reside at 10430 SW 82nd Ave in the Metzger neighborhood. As most of you are aware, I have been very involved with the proceedings regarding the Washington Square Regional Center. I attended the task force meetings regularly to keep abreast of the progression and plans for this regional center. I am very opposed to this development. I have felt the local citizens were given very little to do with the planning. To be told by the consultants, City of Tigard Planning staff that these proposals are going to happen in the area without our subsequent endorsement or participatory planning is not fair to our community. To be treated as outsiders who are looking in, is not the way the planning should have occurred. Most of the task force members assigned to this committee do not live within the boundaries of this proposal but had more say in the matter than those of us who do live in the area. Many of us who attended all three open houses said the same thing repeatedly but had little impact on the changes occurring within our area. Was there planning done regarding this Regional Center behind closed doors between the regular scheduled meetings? What planning was done between consultants to staff planners, from city planners to consultants, from city to city, from city to county or city to Metro without public knowledge? This plan should be done in the public arena and done fairly and squarely with all interested parties included. The major reasons I am still opposed are: 1. The upzoning of the entire area to handle this amount of density, housing and traffic is not in the best interest of the area. Instead it promotes the interests of some developers, some land owners and other interested parties. 2. It is not keeping the interest of a livable and viable community in perspective to what the local citizens envision. The plan stated very clearly this would occur. Instead it is going to be detrimental and harmful. 3. The area surrounding the wetlands and floodplains is not the best location for the redesignation of mixed-used and multi-level buildings and parking lots associated with them. This choice of development in such close proximi¢y to a sensitive land area will destroy the quality of the creek. Why should we succumb to oil, gasoline and transmission oil from cars parked all day going into the Ash Creek and wetland/floodplain area? This will certainly destroy any wildlife and fish in the immediate area. We should be preserving this land. This contradicts the safety measures mandated by Title 3, Goal 5, the Clean Water Act and the Endangered Species Act. As of Jan. 3, 2000, Metro has a document redefining its Goal 5 provisions. Please ask for a copy of this new document. It was just sent to me for my benefit. It should be readily available for you to obtain and included in your consideration. 4. Why is the City of Tigard staff promoting this development so aggressively? The City of Tigard was not interested in the proposal when it was first presented by Metro years ago. Is this a way that Metro is demanding local jurisdictions to provide areas in the region to guarantee building areas for some developers? I feel that the City of Tigard planning department has realized what a huge economic boost this could be so it is jumping on the band wagon to get this approved for the city's benefit. On the other hand, has the City of Tigard Planning consultants taken a surrey of the land around the area? There are many properties for sale that are still unsold. Are these property owners waiting for higher prices? Are these property owners wanting higher demands? Is the market not ready for anything to be built at this time? Is the market already saturated? 5. The proposed street improvements cost an extremely horrendous amount of money. The money is not readily available at the present time. There are no existing funds to tap into at the present. The Metro spoke's person has said this repeatedly. There is, however, someone encouraging these improvements be made right now. The City of Tigard is pushing very hard to widen SW Hall Blvd. For what purpose? Do they want some infrastructure in place for further projects? I really hope you as council members have looked at what effect it will have on local businesses, local homeowners and the citizens themselves. As I continue looking at the transportation system in this plan there is an extension of SW Locust over to Nimbus Business Center is this the best possible plan to be pursuing? There are already two streets that serve traffic needs through and around the Washington Square area, now. Do we need a third one? This proposed street will totally destroy the businesses in Washington Square Two. Has the Executive Director of Washington Square talked to those businesses to let them know about this? Have the consultants and task force members approached these businesses to get their input or concerns? Has the staff from City of Tigard written to them explaining what is in this plan? I certainly would want to know what is going of if I was the owner or manager of these existing businesses. I still would like to know how this funding is going to be dealt with. Who is going to pursue bond measures? Are bond measures the only creative answer to this regional problem? Who is going to ask the local citizens to fund this? Who is going to approach the citizens of Tigard, Beaverton and Portland to finance this? Who is going to approach the state for funding? Who is going to approach the federal government for funding? Is there some crystal ball that someone is looking into and magically going to find money? I feel if this plan is going to succeed the financial issues need to be dealt with effectively and efficiently by all parties involved. It should not be a few trying to come up with all the answers to this money issue. Even if was a Metro proposal regarding regional center and town centers into communities, there should have been more thoi : ' onsidared on the affect it would have on the communities that would have to implement and how it was going to get done. Who in Metro came up with this plan? Why is that person or group of people not here defending it? Furthermore, if the funding is not adequate and goes into bankruptcy (like the Beaverton Round) who is going to bail this out? ®o not expect my tax dollars to fund this. 6. This proposal has had the City of Tigard planning staff conjure up new comprehensive plan amendments to be included for this plan. Why change existing codes which the City of Tigard already has in existence to a different one? (I am referencing the policies 7.1.2 and 11.8.3) To me this is going to open a Pandora's Box for other developers and developments to get special treatment adoption of amendments to get their projects processed and approved. It will set a precedent that will be available for anyone to challenge. Is this what the City of Tigard really wants to have happen? I think it is in the best of interest of Tigard to leave the codes as they are and not change them. As everyone is aware, there is a huge sewer problem, flooding problem and water surface problem, why compound it with a lesser or weaker code. All the agencies involved should reflect this in their plans to make this a better community regarding this matter. 7. Why is the City of Tigard proposing to put all the density mandated by Metro's 2040 Regional Plan into this small area? The City of Tigard is larger than this one parcel of land surrounding the Washington Square Mali. Why not survey all the residents throughout the city of Tigard to state where the density should occur? Why is all the density being concentrated into one small area? Why do the citizens of the unincorporated area of Metzger being force to put up with all of this? We the citizens of Metzger have no say whatsoever, but have to contend with this every day of our lives. We have had little say in the matter and i deserve a voice in this very serious proposal. The traffic flowing through our i community will increase. The water sewer problem and flooding sill occur in our backyards. The high rise buildings will adorn our views from our backyards. i How wonderful it will be to have a view of an office complex or commercial building to look at every day from our kitchen windows or living room windows. Would you as Council members want this in your backyard? What businesses is 3 the City of Tigard going to attract into this area? Have they already talked to corporate executives lining them up nova? If so, I sure would like to know who? 8. Why doesn't the City of Tigard put some more thought into this proposal and ask for an extension in time for this planning proposal to have movie citiden oil Iffil moini ME input? Washington County asked Metro for an extension of time for the other two Town Centers, why not fo'blow their example? Why doesn't the City of Tigard go around and ask community members what they truly want? Why not include some cultural amenities into this proposal? The City of Tigard does not have an art center, a museum, a theater of its own like the Newmark Theater (located in the Performing Arts Center in Portland) or the Arlene Schnitzer Hall or even the Portland Civic Auditorium. It does have the Portland Rose Theater a local group that uses the facilities at Tigard High School. Why doesn't the City of Tigard create one of these for its own residences? I still contend this proposal was ill conceived and hastily put together to meet certain deadlines. There are no parks proposed for the area. There is only a walking area around the Progress Golf Course and some of the Fanno Creek corridors. Is this enough greenspace area for the thousands of people slated to come into the area? At the last meeting held in City of Tigard there was mention of property located south of Locust for a park. Could someone please tell me where this is? Is it located adjacent to Roy Boys or across the street where the empty lot is? I am not sure where this is. 9. 1 am glad to hear there is talk of saving Metzger Elementary School. I still hope there are plans being made to make it environmentally friendly to these students. I hope the roads will be safe for children, elderly citizens and the average citizen to cross to safely. I hope the housing will be affordable for families with children to move into the area and allow them to enjoy a safe secured neighborhood. I hope the building will be renovated at a pace that will not be to the detriment to the education of our children. While construction is in the process, will children be going to school? I hope this will be done during the summer months as much as possible. Otherwise it will be a big distraction to students and teachers alike. hope my testimony will be taken in to account before a final decision is made in February. Remember ft residents of the area will have to put up with this for years to come. They will have to contend with the construction projects from 7:00 a.m. - 10:00 p.m. They will have to contend with all the heavy construction machinery going up and down their street's non stop. They will have to contend with the noise from all of this. They will have the great pleasure of these high rise office complexes, commercial buildings for the rest of their lives. They will have to battle the traffic congestion mess forever-. Sincerely, , Trudy Knowles Gretchen L. Randolph, Ph.D., NP 6690 SW Ventura Drive Portland, Oregon 97223 Phone (503) 246-4624 December 29, 1999 ~ZEC:tiV~U U.C.~.{. Tigard City Council A14 06 X000 City Hall Tigard, Oregon Dear Council members, I'm writing regarding the proposed change in zoning for a large development in the Ash Creek wetland/floodplain, near Washington Square Mall. There are numerous problems with such a radical change to our city, but let me focus on two. The local elementary school is at capacity, having just absorbed another school Phil Lewis, bringing our facility above its maximum capacity. If you increase the zoning from 4.5 residences/acre to 5o-ioo residences/acre for 23 acres (aprox), the increased enrollment will equal another elementary school, not to mention the middle and high schools needed. Has the developer who stands to make big bucks, offered to build Tigard a new schools? Has Metro's Regional Plan that is pushing this massive jump in density, found the money for us? No, the Tigard taxpayers will be asked to vote a bond measure to build one. Over the last twenty years I've watched that wetland/creek flood about every other year and was grateful for the sponge effect it offered, flooding and receding while not causing property damage. Other communities have used this natural process, creating parks to function like holding tanks absorbing extremes of water runoff. One such park is the nearby Greenberg Greenway. Lets turn this last of the open areas into such a wetland park. The unfortunate truth is, even without developing this large wetland our current zoning allows so much future urban growth, we will continue to have water problems. Common sense tells us we need more wetlands, not less. You as City Council Members will be deciding the fate of our community. I ask you, where your responsibility lies? Do you support reasonable growth, water control, and not raising taxes on your their citizens? Or do you represent massive profits for builders on wet lands, and accepting Metro's high density plan for Tigard? Thank you for your time and efforts in representing the citizens of Tigard. Sincerely Gretchen L Randolph, Ph.D. Nurse Practitioner and Tigard Resident RECEIVE!) C.U. Michael Neunzert P.E. OEC 17 1999 9221 SW Lehman St. Tigard, OR 98223 (503) 246-2137 December 14, 1999 Tigard City Council 13125 SW Hall Blvd. Tigard, OR 97223 Members of the Council, As a member of the Washington Square Task Force I support the proposed Washington Square Plan. I believe that it provides a good framework for the future growth in this area. There is one very serious problem with the implementation of the plan, however, that must be addressed. The plan, as it is outlined, would place a very heavy additional burden on the existing roads and highways in the area Much of this growth would come about with or without the plan, but the high density activities planned for this area tend to focus traffic to a few critical intersections. Since the road system in the area of Washington Square is not the usual city grid, inter-connectivity of the travel ways is very weak making the system inherently prone to congestion. The traffic studies conducted as part of this study looked at a baseline situation that will exist 20 years into the plan and found that many of the intersections would "grossly unacceptable". Stated in the study, but not obvious, is the fact that the baseline "assumed" that many very expensive highway projects would already be completed. A complete list of the assumed improvements can be found on page 2 and 3 of the Transportation System Treatment Alternatives - Deliverable 2A, the following is only a partial list of the bigger projects: * Highway 217 was assumed to be six lanes, * Greenberg was assumed to be five lanes all the way into Tigard, * Nimbus was assumed to be extended north to Denny Road, ° Commuter rail was assumed to be complete and functioning. In total these changes could cost hundreds of million of dollars and would still result in serious traffic congestion! The further modifications suggested in the plan, the over-crossings of 217 in particular, are also very expensive and boost the investment even fitrther. Implementing the plan without these changes in place would obviously result in chaos. The problem then is this, there is no funding source and no political will to fiord the huge improvements required to support the zoning plan presented. Enacting the zoning changes now without the funding in place for the necessary infrastructure improvements would be setting the stage for a terrible situation for many years to come: I strongly suggest that the plan be adopted with the caveat that it not be implemented until the transportation unding situation_ has changed. This would focus attention on the problem at Metro and at the state level and ensure that the "heat and light" would stay on improvements needed in this area It is the only way that I see to keep the infrastructure "horse" ahead of the development "cart" Sincerely, Michael Neunzert P.E. RECEIVED C.O.T. DEC 131999 Mayor Jim Nicoli December 13, 1999 City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 On 'T'uesday, December 14, 1999 the Tigard City Council will hear about the Washington Square Regional Center from staff and consultants. I would like to give input for the record reflecting my concerns about the project as I have heard it explained at two planning commission meetings. I acknowledge that this is a very extensive and complicated plan. I am not aware of all of the problems. My concern is with area known as District D, the southwest portion of the development. This is an area currently made up of one story, flex office; service and light manufacturing space previously known as the Koll Business Center. This sliver of land is wedged in between the railroad and Highway 217 on the east and the Fanno Creek wet land and Englewood Park on the west. Immediately adjoining Englewood Park are the low density residential subdivisions of Englewood, Black Bull and Windsor Park. Although these subdivision are not in the study area they will be greatly impacted by the proposed development being less than 100 yards from the proposed Regional Center. This District along with District E to the north of Scholls Ferry Road is recommended to be changed to MUE 2 which allows for buildings to be 60 feet in height. At the presentation to the planning commission a representative of one of the property owners asked if the MUE 2 zoning could be altered to allow for 100 foot buildings. This request was given serious consideration by several planning commission members till the chairman pointed out that that was not the forum to be debating such request. I believe that changing the zoning of this area to allow for 60 foot tall buildings will lessen the property values of the homes in the adjoining subdivisions. There will be a loss of privacy and ascetics plus an intrusion on an expansive wetland as flood plains are converted to parking lots. A 60 foot building would look down on many of these homes and obstruct the view. A 100 foot building would substantially lessen the value of these homes and the subdivision in total. There is a perception that Fanno Creek could separate this high density employment zoning from the low density housing but the Fanno Creek channel, at some points along this district, is very narrow. I do not think it is the intention of Metro to so drastically alter an existing neighborhood. ENMZWALKWA~ in The high rise office buildings should be built where they currently exist which is in the Lincoln Center area. Spreading high rise offices throughout North Tigard will destroy the character of the area that many of us have chosen for our homes. If there were a need for more high rise offices away from Lincoln Center, the need could better be met by the land north of Scholls Ferry Road and along Nimbus where the development would not be visible from any neighborhoods. The existence of the railroad to the east should be another concern for this development. With the proposed people mover coming from Wilsonville there will be far more train activity in addition to the many freight trains that now use these tracks. These tracks can be very deadly as we are finding out in Portland's West Side Max and the Salem's railroad tracks. Both of these cities are receiving national attention due to the death rates cause by running rails through high density areas. The extension of Southwest Nimus Avenue is also a concern. This road currently seems to terminate at a wet land. I am concerned about the cut and fill of this wet land. This area is under water much of the winter and even more so in the last 3 years. This is a major nesting area for water fowl in the winter months. In the summer there are all types of wildlife. This wet laid and flood plain provides open space and cooling in the summer and water retention in the winter. It is very valuable to the citizens of Tigard and Metro. It should not be violated. There needs to be a public hearing on this proposed rerouting plus input from Tualatin Riverkeepers, Friends of Fanno Creek, neighbors and interested parties. I would like to add that this whole project seems like a paradox to me. It appears that in trying to accomplish one goal they are violating another. Metro on the one hand is trying to enhance wetlands, streams and riparian areas. I have sat in on several workshops dedicated to this purpose, one in fact dealt with Fanno Creek in the down town Tigard area. On the other hand Metro is willing to destroy wet lands and riparian areas by rerouting roads and turning flood plains into parking lots and high density housing as in the Ash Creek area. These are very misleading signals to send to the citizens. I respectfully request you give these concerns consideration. Sincerely; / .4-f3 Bill Brewer 11344 SW Ironwood Loop Tigard, Oregon 97223 . NOV.-22-99 11:48 AM Johann Mountain Shoe 5036201699 P.02 i ALEXANtsECt 9. 'ZRRgHEMti1 I120S 90. HRLL it®VLVVRFtl7 T! R It h O R E% O H 7 T g - it; Z 1 O; TEl.E17HOME Z P19S91h11LE: a O 3 a 1 O ! 9 November 22nd, 1999 page I of 1 i To: Councilor Brian Moore @ 503.684.7291 From: Alexander Craghead Q 503,620.1699 RE. Questions about Hall Boulevard widening Issues Brian; You once extended the offer to me that if I had any concerns over any particular issue regading downtown, I should talk to you. Well, now an issue has come up which erects one edge of the CBD, as well as the rest of the city, and that issue is Hal! Boulevard widening to frv lanes, As you no doubt allready know, mnay a newspaper article has mentioned, in regards to the Washington Square Regional Center concept, the proposal of Hall to five. There is also, I a aware, a planning process going on regarding a twenty year transportation plan for the city. I have made contact with a few people who keep up on transportation issues and have the understanding from them that the task force that is directing this -planning effort has made the determination that Hall Boulevard will go to five lanes. Is this correct? Is the city planning to widen Hall Boulevard to five lanes? How soon? I also understand that the intersection with 99W could go to seven. Please, if you can clear this u any, it would be much appreciated, i Sincerely, Alex der Ceaghead i i mom C~.eO,,e rmey , N, ~ o RECEIVED C.C:, NOV 2 2 199'1 s fie. 1-..) ~ s l~.•~S-f~~., curicap7k k4rC LtVe cP i e% rv-Lj 6N~t J&- Uvt/ IQ y,-,v5 ckn A '-►"j w~ c has h a '-sc -Fvr O,~ ee' -e "LrS„ -T "e r-eq 5, c . .1 we ~~h~- -t-t1~S ~~~c~ ~4 } t h ~ kr1 ~r ~I c•~eq~ M ~ C ,EC,,, C)"+ +kc c, Or -A ~er-soy J Ovj, a •.n w v r r.c; c1 b o ors C" ift yaks c'1 1:1-ecksej t-\,A 1..e4 44h~-s Mport--~ S ncorct~ S vo s ~ t`~ Cir-c1 U 9 aa~ oil Mary L. Baron 14700 SW 141 st Avenue Tigard, OR 97224 (503) 590-0540 RECLIVCL) ~.J.1. NOV 2 z 1999 November 20, 1999 Mayor Jim Nicoli Tigard City Council 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mr. Nicoli: I am writing to express my concern over the proposed upzoning of the Ash Creek wetlandtfloodplain area for the Washington Square Regional Center. I strongly believe that the wetlandtfloodplain area should be preserved. The Washington Square area currently lacks natural habitats, and the wetlands encompass less than 2% of the regional center. To target the wetlands for the highest density of building would be a huge loss to the entire region. In addition, any building in the floodplain could increase flooding of properties adjacent to the stream. Development within the wetland will degrade water quality and further endanger the steelhead listed under the Endangered Species Act. I urge you to consider our wetlands a valuable community asset and to work toward preserving this area as part of Tigard's livable future. Sincerely, Mary L. Baron RECEIVED C.O.T. NOV 1 3 1999 7110 SW Lola Lane 11/15/99 Tigard, OR 97223 Dear Mayor Nicoli: I am a relative new resident of Tigard, but have lived in urban Portland for the past 30 years (Johnson Creek drainage). I write to give you some backbone in making decisions for a livable Tigard, specifically in the Washington Square development area. I live in the drainage of the east fork of Ash Creek. Tigard appears as a small town which has urbanized without having the will to make it a livable city - the lack of sidewalks and curbs and existence of open storm drains imprison residents in much of the Ash Creek drainage to their relatively small "development" unless one uses the car. Of course this is complicated by the fact that much of this area is in unincorporated Metzger, which understandably gets little attention from Washington County. Outside the issue of Washington Square, I think Tigard should proceed to annex the unincorporated area and thereby rationalize political boundaries and service area boundaries. The Washington Square planning effort is commendable in the sense that our government is taking a long look at the future. However, I believe that the intensive development in the Ash Creek bottoms is not in Tigard's interest. Ash Creek already has been channeled, put in culverts and pipes, uplands scalped for lawns and made to receive urban runoff from an area of intensive auto and residential development. It needs a significant natural area to absorb such insults if it is not to contribute further damage to Fanno Creek and downstream reaches of the Tualatin, Willamette and Columbia. The current Washington Square planning seems to ignor the upstream watershed of Ash Creek. Specifically, the 100 year floodplain is technically dated - it should be updated prior to Tigard acceptance of the Washington Square comphrensive plan changes and should look 100 years ahead rather than 100 years back. The paving and development of major areas have and will change such determination. The changes asociated with Washington Square developments should simply prohibit development within the (updated) 100 year flood plain and eliminate the option of cut and fill and various allowed mitigation efforts. Live with the natural system. Such changes will likely broaden the "greenway" component encircling Washington Square, which I see as a positive change, since the skinny areas now deliniated are not sustainable as natural areas in any sense. IBM Please retain, through new zoning, the maximum possible fraction of remaining open space in the Ash Creek bottoms. I won't go on about the definition of wetlands, etc., but simply state that extreme conservatism is called for. The comment was made last night at the Planning Commission meeting that the wetland and floodplain information overlays zoning, which may well be true. One objective of your planning is to make it understandable to common citizens. Such can be obtained by initiating a new zone specifically for no-build sites. Do it. Understand that the present residents of Tigard are largely willing and able to pay for city amenities, which will make us proud to carry our share of both natural features and commerce. We are not a rural town. Additional development of the Washington Square area demands not only modern protections, but compensation for bad judgments of past years, which have brought living problems to Tigard. In the current planning, there is some consideration of enhancing wetland a and flood plain areas as mitigation, but no affirmative plan to improve the natural functioning of the area streams. I think such should be included. Your government has the opportunity to lead by example. The present decisions will last for decades if not a century. I think your priorities are to make Tigard attractive for people. It is not that the development interests are bad, but just that our community has only so much physical carrying capacity and still retain sustainable natural features around us. In the present case, a maximum of natural features protection is the best choice for Tigard. Sincerely, John L. Frewi mat the prop Center and, sa3fsFty uuui.:,t►i~t ~.v 2 t; ,,.~r;:11 SqeILWO D yor~Tscol t~ ti zs+ to ';fart 'etVlash °n ose {io toss ro d,' creasedod d0 a. }ss nsegprdsAO,th"e u 11oodplain area ~ and,.with: #4ba u*%- any of I writing Creek w of:natur~ addition, Y Developlag . Of the a,deficlency vability stye S ec~es;,._ f.. . u zoni~ag ; faces area s li d do` $ered P . y t the s u an a- an t P Ti 5q °'area else a tame to ertse F.. girth tease ll-5 311 d 5 t y ji& well prop couiuua ~heV~lasua' V° bCreekwe Ceutproperuesas d~$etth - --d (dvaiuable eaz like the din of add. ultl tie a creasefl°otY~e.tla~' m ~Jas we `t 3t t:.s :s 'ouldbe pre~e~ _ e imt areas rat Center w resources vable future' gton Square IZegi~~~~r a ` w art of ah ro osetdNa' .1 important P d in the P P ttu~t . s4 s Ott 9720 ue. Tlha~•9cu. _ ,~j7'~'~;C 't zoned•oo k tt~9 t~s important ass !:-Qr no P ou is on ow yourth gh, , s• frU~ this,};;..• t. pleaseletm~ l~nwetytt bv)Zl` Sincer y~ address Your name. QT~~'rr q•{1Y T ft T S TAT R~c~1v~a G.o.z. Oov s j999 Depwi- r G-)K a..S g bo 10 000- 1900le-~ ! be- ylee4A ti u~ a n ,Mama "Magma pN~' SUBNiITTE~ DU B G c O,mM s Is pI~ TUALATIN Riverkeepers , s 16340 SW Beef Bend Rd. Sherwood, OR 97140 (S03) 590-S813 fax: (S03) 590-6702 • triverkGa)teleport.com www.tualatinriverkeepers.org Nov. 15, 1999 Tigard Planning Commission 13125 SW Hall Blvd. Tigard, OR 97223 RE: Washington Square Regional Center Master Plan Dear Commission Members: My name is Sue Marshall. I am here tonight representing the Tualatin Riverkeepers. We believe our request to apply protective low density zoning within the wetland/floodplain areas and to involve the natural resource agencies is reasonable and prudent. We are not asking that the Master Plan be discarded... rather we are simply asking for a thorough examination of the natural resources that lie within the Washington Sq. Regional Center study area. We seek a master plan that proactively integrates parks ar.d greenspaces, improvement to water quality, protection of fish and wildlife habitat, and lessens the impact of flooding. These are the issues of contention with in the community and they have not been adequately addressed in the master plan. The Endangered Species Act requires a consultation with the National Marine Fisheries Service, NMFS, on all projects where there is a federal nexus. As Federal dollars have provided funding for this planning process, why has there been no Section 7 consultation. I spoke with a representative of NMFS today to gain their perspective. Rob Jones, NMFS Regional Coordinator for Salmon Recovery, explained that where a project may effect fish or fish habitat NMFS encourage jurisdictions to get involved with the resource agencies early in the process. This assures that public funds are used wisely and allows for early detection of potential problems. Where NMFS has not been consulted, it falls to the local jurisdiction to make sure that the project does not impact fish and fish habitat. As Mr. Jones explained to me, "The jurisdiction has an obligation to show that a project will not adversely impact fish or fish habitat. They cannot ignore or assume there is no impact." The investment and commitment this region is making to recover salmon and steelhead is much more than to simply avoid impacts. We must look for ways to improve conditions. The Tualatin Riverkeepers believe there is an opportunity in this planning process to do just that ...to enhance water quality, to improve fish and wildlife habitat, to incorporate public parks and greenspace, and to address local flooding problems. There are resources available to assist the City of Tigard. Again, we ask that you: a e invite the natural resource agencies to review and critique the Washington Square Regional Center Master Plan and develop recommendations on how best to protect and restore the natural resources in the study area and ® do not upzone Ash Creek wetland/floodplain. Thank you for you thoughtful consideration. Respe y7 Sue Marshall Public Policy Director Tualatin Riverkeepers , Z'+•fd"~'s'i4Pcop[ecalo've•englprvfect•nature.•', November 15; 1999 Tigard Planiunp Commission' City of agard 1131 SWAall~vd , Tigard, OR 97223. To: Tigard Planning Commission Y am submitting this written tese%~6iiy`en, bohalfof the'AudiroonSociety ofPortiand, an 8,500.member'local.ch'apter ofNatiokW Audubon SoaiQty dedicated to.the protectionbf' fish and wildlife habitat.in both the iural.and urban environment.:T am commeritirig on the proposal by the Washington Square'Regional, Ceiiter'Task Foecerto 'ppzone the 23:- acre wetland/floWolaiii oa'Mh•Cree~ bat*zen highway 217 -and Oak, Hall Blvd and Greenburg lid: r ; Before•T address issiips•specific•to•the Tusk•FOrcC s proposal.1want. to- address. a few ovcrarching'issues for yow:cozrsiderat bn ; Upzoniing tbd9'.sit6' is inconsistent with Metro' c Region 204b.Growth Eoncept: It VAII be • , argued that Tigaid'is bein ' tee4uired.under Metres 2040-.(jr-ov4h.Con0ept.to "derisif siatenimit is-generall.}i.:Uub, :And.tine.W * supQdrt, _2040 also is very:specific 'While'th. at e about the need toIntegrate natural. resource protection, - While we'strorisly snpport;lyietco's Grovkh: Concept anti.t te`need for higher density, ' mixed use.developm&its; w~.do nonsupport building oA sites that-seriously coingront se` :natural resource protection. We believe th& UPzoniltg of the Ash Greek . ''wettand/floodplain ' 'uld result in such- a cosbpromise. Metro bias shade it'zburidanily • clear that it is -this. region-s policy to protect, and:whexe necessary to restore waxer quality, ,wetlands, stream corridors and Greenspat°es. as ab-iintegral' element of 2040 ' implementation. In'fact, iwittx the concurrence:of W; iC, -Metro Wut cil passed a ' Greeitspaces Resolution that explicitly states that (I have exccerpted portioins'that•we believe are most relevant to the•site) y, " Mjereas,'the'R'egiod 2040' owih Concept.wasdesigned to maintain the.. characier,of exis[ing neighbdrhoods;e providirrg.the.*-opporhority for crddsiianai new " d gr nti th in appropriatz.locatioyts'caid alorig'transI rorrrdtots, rn4rirr streets; and centers, ; and 5151• NW CuihcU'1,oad,.PoFClu~d,'Oregon.972. 0' (503)•292-b855'.PAX (503) 292-1021 ; Aired nh ID01i [rofrcmuti»ur rrtxdcd jq r wit/ soy iii Whereas, the Region 2040 Growth Concept was designed to integrate development and the protection of Greenspaces, parks and open space within the Urban Growth Boundary (UGB), and, Whereas, it is consistent with the Urban Growth ManagernentFunctional Plat: for local jurisdictions to identify additional Goal S resource lands which should be protected partially or fully within the UGB and forMetro to include these in the "unbuildable lands" inventory, and; nereas, the existing 20,600 acres of park and open space lands currently within' the UGB contributes to the region's water quathy, flood protection, quality of life, and economic vitality of the entire region, now therefore; BE'ITM, OLVED THAT, J. It is the policy of the Metro Council that lands identified as "unbuildable" in Metro's Urban Growth Report should be protected from development to the maximum extent possible by local jurisdictions and to the maximum extent of the law, 2. Metro encourages all local jurisdictions in the Metro region to actively protect in perpetuity parks, open space, recreational trails, and other sensitive natural areas, through acquisition of property rights including conservation easements, regulation, or other effective treasures, even if they include what has been classified as "buildable " lands in Metro's inventory; 3. The protection of environmentally sensitive lands from development could result in a decline in net buildable acres in a local jurisdiction.. Upon demonstration by a local jurisdiction that such protection results in an inability to meetjobs, housing and other targets established in the Urban Growth Mwwgement Functional Plan, the Metro Council will grant an exception consistent with Title 8 of the Functional Plan. The exception will be granted to the extent the local jitrisdiction establishes that decline in net buildable acres is the result of lands beingprotectedfrom dE.,elopment by locally adopted and implemented regulations." This resolution largely focuses on the region's ` unbuildable lands" (floodplains, wetlands, stgep slopes and stream corridors) and it is certainly intended to protect existing Greenspaces and to encourage local jurisdictions to acquire and protect additional parks and Greenspaces. The Ash Creek wetland/floodplain clearly falls under this resolution's intent. I am pointing this out because all too frequently local jurisdictions and applicants use Region 2040 as a mechanism to avoid adequately protecting natural resources. I want to make it very clear that the Audubon Society of Portland strongly endorses all elements of Region 2040. This laudable goal, however, must not be achieved at the expense of the city or the region's quality of life. Metro'has made it abundantly clear, within 2040 1: BEEN 1 1 planning documents as well as the resolution cited above, that density goals will not be achieved through compromising natural resource protection. As I have stated above, the Audubon Society ofPortland feels this site is inappropriate for the proposed upzoning and the expected resulting development. We would like to offer the following specific comments on the Task Force's report: e The proposed Washington Square Regional Center would apply the highest level upzoning, a minimum of 50 units per acre to the floodplain/wetland area on Ash Creek (pg.36). In response to requests for protective zoning or, at the least, leaving the existing zoning, the Task Form consultants stated that a zone change would not affect environmental protection for the Ash Creek wetland/floodplain. The proposed zoning creates a strong economic incentive for development of these areas that would not otherwise exist. o Ash Creek is a major fish-bearing stream and has been designated as water quality limited by DEQ. The Creek needs a frill riparian buffer to protectlimprove water quality. There is no mention of this in the Task Force's report and no provisions to address these issues. The Tualatin River and Fanno Creek have steelhead trout that are listed as threatened under the Endangered Species Act that would be harmed by taking or degrading any riparian buffer or wetland in this reach. Again, there are no provisions to address this issue within the Task Force's report. The NWS's proposed critical habitat ederal ReSister, Feb/Mar 99) for upper Willamette Steelhead and Chinook "include all river reaches accessible to listed (fish) in the Willamette River and its tributaries above Willamette Falls" including associated riparian areas and wetlands. Under Section 7 of the ESA, a designation of critical habitat requires that federal agencies "ensure any action that they authorize, fund or carry out is not likely to result in the destruction or adverse modification of designated critical habitat. This requires a consultation with NWS. This regional center plan uses Federal Highway money and the plan would require substantial federal funding to implement proposed transportation and community development improvements. Therefore, Tigard should consult with NWS before upzoning any area in or near a sensitive water resource. o The Task Force report says development should preserve "open space, wetlands and floodplains" (page 18) and proposes a vision that highlights streams and wetlands as a community resource. While this is a laudable goal, the proposed upzoning is inconsistent with this statement. o targeted six to eight acres of wetland and floodplain for preservation as open space" (page 30). This is far smaller than the Water Resources Overlay District or #loodplain shown on current Tigard maps. Task Force continues "these sensitive lands lie within an area that is envisioned to absorb nearly half of the regional center's projected residential growth." (Page 30): "The Task Force strongly supports the protection standards included in the Water Resources Overlay District Additional incentives for enhancing natural resources along these corridors are proposed in zoning code amendments." (Page 70) These incentives, an amendment to city code 18.630.040 limit maximum density to 110'/o of minimum density unless the property owner improves the resources. This would allow 55 units per acre with no enhancement. This minimal incentive would likely be outweighed by Tigard's code that reduces protection to a degraded resource. "Regulations for development within and adjacent to these natural resource areas, consistent with the requirements of Metro Title 3 and rules and standards utilized by the Unified Sewerage Agency..." (Page 70). USA's current draft standards require restoration within the Water quality- • - Resource Area. The Task Force report makes no mention ofrestoration activities. There is also no reference to Metro's current development of a regional Goal 5 program that may require up to a 200 ft buffer with a 125 ft no-touch zone. The Task Force should be anticipating Metro's work and be consistent with current natural resource agency thinking on these issues. Task Force (Page 20): "When implementing the framework plan, local governments must avoid excessive development regulations that will stifle new construction..." (Page 26) "Furthermore, aggressive regulations intended to promote the vision, protect the environment, encourage transit use, etc., may result in discouraging development. Local government and community members must be prepared to work with the development community to ensure that property development remains an attractive investment..." The implied conclusion is that environmental protection and responsible development are mutually exclusive, a position that the Audubon Society of Portland disagrees with. Upzoning is a discretionary action by the city that can greatly increase the value of a property. In this case the upzoning proposed for Ash Creek wetland/floodplain will ]not only put a sensitive natural resource at risk but will increase the difficulty to acquire the land in the future due to the increased valuation: The bottom line is that this site is inappropriate for development and should not be evaluated as devE:opable at the proposed zoning. Metro did not include it in their buildable lands inventory. The zoning and the land valuation should reflect these facts. The Audubon Society of Portland recommends that the Ash Creek wetland and floodplain be protected as an environmental and community resource. Thank you for the opportunity to comment. Respectfully, i ~rl r,''t^Irrban nsetvationist November 14, 1999 City Planning Commission City Council City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Re: Recommendations of the Washington Square Regional Center Task Force Public Meeting: 7:30 p.m., November 15, 1999 Tigard City Hall 13125 SW Hall Boulevard, Tigard To Whom It May Concern: T) €undersigned are some of the residents of Metzger in the area of unincorporated Washington County which is bordered by Hall Boulevard, 92"d Avenue, and Locust. The proposals of the Task Force and the actions of the Tigard Planning Commission and the Tigard City Council upon those proposals directly impact us. Many of us moved to this area because of its country-like feel, friendly neighbors, and lack of crime. While we know that some development is inevitable, we have several concerns about the impact of a Regional Center with thousands of new workers and residents on the quality of life in Metzger. 1. Flooding. Many of us already experience significant water problems with wet yards, crawl spaces, and basements. More building in this waterlogged area means more problems. 2. The Task Force's proposal calls for high density building on Ash Creek wetlands and floodplains, despite laws against this. Where will the water go? More flooding for residents. 3. Wildlife now living in and around Ash Creek would be displaced if the Task Force's plan is adopted. 4. Infrastructure in the area cannot handle area traffic as it is. Widening Hall Boulevard to five lanes will only create havoc for residents and businesses along the route and bottlenecks in other places (e.g., Pacific Highway, the Highway 217 entrance from Greenburg Rd.) 5. We are concerned that we have little to no say about what happens in our community. The Task Force did not incorporate our comments into its Task Force Report. The City of Tigard did not consult us regarding the new Holiday Inn building, despite the fact that overflow drainage is to flow through our overly waterlogged area. As of November 14, 1999, The City of Tigard Web Page included nothing about the November 15 meeting or about the Regional Task Force Plan. Finally, despite the fact that we - residents of unincorporated Washington County - are in the center of the area studied by the Task Force, decisions are being made on our behalf by the City of Tigard. Page 2 - Letter to City of Tigard Planning Commission RE: Regional Center November 14, 1999 6. Much of the new housing proposed by the Task Force's plan would be multiple occupancy. We're concerned that many of the costs to deal with flooding, infrastructure, and other related matters would fall much more heavily on homeowners. We want to go on record in opposition to the recommended plan. We demand that our protests and concerns to be entered as part of the record of this meeting, and that our input be considered seriously by the City of Tigard. We call for a great more study to be done before the Task Force's plan or a.simiiar plan is adopted. Furthermore, we call for significant local citizen involvement by those living in around the study are, whether residents of Tigard, Portland, Beaverton, or Washington County. Signed by: Printed Name Si nature Metzger Address ~oy~ n P- (LL CSZ- q O-10 s LJ -bc rdq~r-5 3( p~ lo 6A84, Lte-A i as s ,&W gznn -5W-4 =~~c (JAS p L-b P711 Page 3 - Letter to City of Tigard Planning Commission RE: Regional Center November 14, 1999 Signed by (Continued): Printed Name Signature Metzger Address EfMe a2 1) 7;01&,tj / ja dol asa p rr~ %DY~v sGcJ,~,~ Ell Minority Report on Upzoning of Wetiand/Floodplains Page 1 of 4 Minority Report To the: Washington Square Regional Center Task Force Concerning Proposed Upzoning of the Ash Creek Wetland and Floodplain Area August 24,1999 We, the undersigned task force members oppose the Washington Square Regional Task Force recommendation to apply a high density zoning designation within the floodplains and wetlands of Ash and Fanno Creeks. We believe that the water quality, fish and wildlife habitat of these creeks will be compromised by this designation as will flooding and surface water management. Ash Creek experiences frequent flooding in and around the floodplain area between Oak and Hwy 217. The Unified Sewerage Agency (USA) estimates in the June 1997 Fanno Creek Watershed Management Plan that peak flows during flood events in this area will increase by over 50% in 2040 due to upstream development. This projected increase will mean that peak flows currently experienced during the 100 year flood will occur on average every i0 years and the future 100 year flood will feature much greater flows than the current 100 year event. This increase in flooding will occur independently of any proposed development in the Washington Square Regional Center and will have the effect of raising the flood plain and affecting a much larger area. Any increased development in or near the current floodplain as a result of the Task Force proposal could increase flooding even more, further endanger existing communities nearby and downstream, and potentially increase flood insurance rates. In addition, the current 1982 Flood Insurance Rate Map is under revision and we will not have an accurate picture of the current floodplain until the new map is complete. The task force adopted protection of private property rights and preservation of the wetland/floodplain as guiding principles. However, if the current task force proposal to upzone the floodplain is adopted this may impact rights of other property owners as a result of increased flood damages and we believe the wetland/floodplain will ultimately be developed. Contrary to any upzoning or development, USA recommended in the June 1997 Fanno Creek Watershed Management Plan that Ash Creek between Highway 217 and Hall Blvd be restored (see project A-2 in the Executive Summary) to "increase floodplain storage/wetland function by removing and redistributing fill; plant native vegetation in riparian corridor." This would be a pro-active approach to resolve flooding and address water quality and endangered species concerns where the upzoning proposed in the Task Force Report will make these problems worse. Maintaining a low density zoning designation provides a first line of protection to reduce impacts from flooding and is consistent with Metro's policy to protect sensitive lands by Mimi 11 Minority Report on Upzoning of Wetland/Floodplains Page 2 of 4 removing stream corridors from the buildable lands inventory. Further, we believe that existing land use and stormwater practices are failing to restore and maintain water quality in the Tualatin basin as required by the Clean Water Act. Ash Creek, Fanno Creek and the Tualatin River are all listed as water quality limited by the Oregon Department of Environmental Quality. Pollutants in Ash and Fanno Creeks additionally impact threatened steelhead downstream in Fanno Creek. The primary sources of pollution are untreated stormwater, surface water runoff, and lack of shade due to degraded riparian vegetative buffers. Due to the potential impact on downstream endangered species any upzoning of these water resources may constitute a taking as described in the Endangered Species Act. Rather than place additional stress on these streams, we believe the prudent course would be to restore the current wetland and to maintain or reduce the density designation within the floodplain of both Ash and Fanno Creeks. Washington County recently enacted similar zoning recommendations for the Raleigh Hills Town Center so there is precedent from similar situations in Washington County. The Tigard Planning Staff and consultants advising the task force have stated that current code provisions will protect these water resources regardless of how the property is zoned. We are very concerned however that blanket upzoning of this area will create irresistible pressures to develop sensitive areas irrespective of any restrictions in the code. Tigard City Code, paragraph 18.797.130.B.1. for example allows variances to the protections required in Water Resource Overlay District "to allow reasonable economic use of the subject parcel of land." This standard for "reasonable economic use" will be very different if the area is upzoned to MUE-1 and MUR-1 than if zoned low density residential. It is likely that those parcels that currently include lands that should be protected by the Water Resource Overlay District could be reasonably developed for low density residential without a variance. However, should these same parcels be upzoned to MUE-1 or NILUR-1 the owners could request and be awarded substantial variances to the current protections intended by Chapter 18.797. The Tigard staff has also stated that other agencies, such as the Army Corps of Engineers will protect the wetland, yet the corps has been reported as approving 100% of wetland fill requests between 1988 and 1996 in Washington County. We believe that the best protection and most logical choice is simply to not upzor_e any sensitive resource areas. There have been questions raised during discussions in the task force concerning the extent of the wetland and whether Ash Creek was a fish-bearing stream. The public record however is clear on these issues and we request in response to these questions that the following additional documentation be included with the Task Force Report: (1) The attached Tigard Wetlands and Stream Corridors map showing the areas currently protected under the Water Resources Overlay District described in Chapter 18.797 of the Tigard City Code. This map clearly shows that there is substantial land area Minority Report on Upzoning of Wetland/Floodptains Page 3 of 4 between Oak and Hwy 217 that is considered wetland, within the Tigard Riparian Area Setback or within the Unified Sewerage Area Water Quality Buffer. (2) The attached Metro Title 3 map showing water resources within the area (3) Fanno Creek Watershed Flood Insurance Restudy, Preliminary Comparison of Existing and Proposed 100 Year Base Flood Elevation (Ash Creek Wetland/Floodplain in Tigard, Washington County). Revised draft October 25, 1998 being prepared by Durham, Tigard, Beaverton, Washington County and USA, Oregon. (4) Tigard City Code Chapter 18.797.020.A.6 lists Ash Creek as a major stream that is mapped as a fish-bearing stream by the Oregon Department of Forestry. In addition, the June 1997 USA Fanno Creek Watershed Management Plan reports on fish found by Oregon Department of Fish and Wildlife in their report "Distribution of Fish and Crayfish and Measurement of Available Habitat in the Tualatin River Basin" (ODFW, June 1995). ODFW reported surveys in this document finding five different native fish species in.Ash Creek between the mouth and Hwy 217 (863 individual fish) and four different species between Locust St and Metzger Park (780 individual fish). Given that we know that the floodplain is becoming larger due to upstream development but not precisely where due to the age of the current flood insurance map and the ongoing debate about the extent of water resources that should be protected we request that the entire area between Oak and Highway 217, Hall and Greenburg Road retain its current zoning. This current zoning should remain in effect until such time that an updated Flood Insurance Rate Map can be prepared and approved and we can reach a consensus on a map showing the extent of water resources to be protected. This protected area should then be downzoned to low density residential and the area surrounding the protected area should similarly zoned at a relatively low intensity to reduce runoff and other impacts upon sensitive water resources and biodiversity. We would additionally like to see the USA project described above funded and implemented as a pro-active response to flooding, water quality and endangered species concerns. This project should be characterized by a very natural approach using wetlands for flood storage and fish and wildlife habitat. A single acre of wetland can store over a million gallons of floodwater and slowly release it to reduce downstream impacts according to the United States Fish and Wildlife Service and other researchers. A natural approach would provide far superior flood storage, water quality and habitat compared to manicured lawns. We like the vision of a regional center surrounded by greenways and streams and believe that a natural approach will create a highly livable center for our community and the region. Minority Report on Upzoning of Wetiand/Floodplains Page 4 of 4 Finally, we are very disturbed that the Tigard Planning Staff and consultants in their progress report on July 20, 1999 to the Tigard City Council and Planning Commission made no mention of any dissent on the task force concerning the wetland/floodplain. We believe that our serious concerns must be reported and therefore request that this minority report be included within the task force recommendations verbatim. We also our position be reported in full to the Tigard City Council and Planning Commission. Respectfully submitted, PAT WHITING C/ J c:::7,2 < L DAVID DR SCHER STEVE PERRY 610 C' ~ !Y F 13ase flood y "C~ rrs-ToiDy SH~C FLCCp 1~ Pro P j00,4eac ® Cr K VgjX of existing and PrP FAR ar'sQn _ r. '[ninary Corny . rd, Washington Co. 981 m ,o pterr emloak w Tjga (rev. I0/15/19 . ns Ash Creek uP to H and U.S.A... Oregon_ - N O $ , yYashingion Coun. _ o d Beaverton. Durham,g ' vs a O n WRY • Lf) jig 20 q4 0.5 ;~m .0 X is &E fill 4J y ^ o '~g8 Qa s 3z a3 $3 3 i ~1$.~ ~~a~i s EH cn 3<~ met asla ~'1A 1' TT 7T-n amf= ~ - s ti ~ ~ ry~1 MIT r'~• I e ~i~ ~i •{t; •'i i- S i ~ • s i Yt t 11 t ! .f . I I~9 ~.11 3 1:;Jysa Pat Whiting 8122 S.W. Spruce Tigard, Oregon 97223 November 15, 1999 City of Tigard Planning Commission 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: Planning Commission Hearing on Washington Square Regional Center Task Force Plan THE PUBLIC PROCESS, CITIZEN INVOLVEMENT AND DECISION-MAKING My name is Pat Whiting. My address is 8122 S.W. Spruce in the Metzger Community. I served on the Washington Square Regional Center Task Force. I am currently the chairperson of CPO 4-M - the Citizen Participation Organization. I will be addressing the provisions of the public process, citizen involvement and decison-making in the formation of the Plan now before you for your consideration. Open-Houses versus Workshops In June of 1998, with the first Regional Center Task Force meeting, we received a projection of weekly scheduling and progress to be met. In the schedule in Phase I, #5, there is identified three public workshops to take place in September and December of 1998 and in March of 1999. A workshop is an educational seminar or series of meetings emphasizing interaction and exchange of information among a number of participants. It is a creative writing workshop. The Task Force did not have community workshops. We had three "open-houses." There is quite a difference. An open- house is a social event in which hospitality is extended to all. An occasion when a governing body has an opening for visiting and observing by the public what is proposed. Yes, open-house participation on September 28, 1998, did take place and people were allowed tofill out a survey and submit notes. They were asked to participate with comments and dots on existing wall charts and plans. 2 P. Whiting November 15, 1999 Yes, this was a speaker-assemble forum with a question and answer session. There was an open-house March 1, 1999 and September, 1999. The second open-house was held at the Tigard Water Building where the parking lot was occupied 50% by water district utility trucks resulting in approximately 24 cars unable to be parked. Thus, those people left without joining the open-house. The third open-house did not solicit citizen comments or input for plan adjustment... It was an "open-house" to inform the public as to what the plan was and what decisions had been made by the Task Force. Use of Consensus versus Parlimentary Process In the summer of 1998, the Task Force chose not to operate with parlimentary procedure. Decision-making would be by consensus. Parlimentary law is a body of rules governing procedures in deliberative assemblies. Without parlimentary procedure vital work, difference of opinion, minority positions and the very process itself can be compromised resulting in a less representative proposal - one that falls far short of a proposal that is workable, acceptable and fair. Consequently, the plan as it now stands is at odds with the very community itself because it contains plans and zoning proposals that will negatively impact existing neighborhoods, extablished small businesses, a creek, 3 P. Whiting November 15, 1999 sensitive lands area, habitat and socio-educational ammenities within the proposed regional center and outside the proposed regional center. Other issues of public involve*ent that are of concern include how the Task Force handled public input at some of the task force meetings and incorrect city notice.-criteria about open-house information. STAFF AND CONSULTANT PRESENTATION OF REGIONAL CENTER PLAN BEFORE GOVERNING BODIES OF CITY & COUNTY Although consultants tried to be fair and give balance to the juxtipositioning of staff and technical directives and public input through the Task Force planning process, the plan results reveal that the Task Force Plan is staff driven and technically driven with task force consensus regarding ideology and developmental conversion criteria. It was not done by participatory procedure via parlimentary processes. Consequently, there are divergent voices and data that are not being made part ofthe whole plan as written. For example, three Task Force members presented a Minority Report to the Task Force asking to not up-zone the Ash(keek Wetland and.Floodplain. It became part of the Appendix data. From a procedural process that is correct. However, the staff and consultant presentation to the Tigard City Planning Commission and Council Joint Work:-:Session this fall did not mention the minority report or other serious community issues that are part of the big picture. 4 P. Whiting November 15, 1999 In otherwords, the presentation to be fair should have included Task Force member participation as we were appointed to be a decision-making body. As a Task Force member I tried to submit data onthe plan andwas denied that participation. City officials sited "ex-parte" stating that they could not look at it. I was finally able to give it to the city recorder for legal evaluation. That next week I receive) a letter from the City of Tigard administration quoting city legal reference that this is interpreted as quasi-judicial. This forum of citizen participation in local governing decision-making is not quasi-judicial it is quasi-legislative. This is not a court of law. T-r is local government review and land use planning. The result of the city's position resulted in closed files to all citizen input and data until the administration released it prior to this hearing. Now, a year and three months of Task Force meetings the result of the plan before us contains not only many admirable proposals reflecting extensive work but also the following: 1. Up-zoning of Ash Creek Wetland and Floodplain 2. High density mixed-up residential and employment zoning (MUR 1 and MUE 1 - 50+ units per acre) over existing residential and small business neighborhoods to the south of the elementary school 3. Targeting the elementary and the middle school for active community use parks 4. The local cemetary and golf course is identified as open space to satisfy the land use planning goal regard- ing urban area open space 5. Identifying Metzger Park as a regional center link for density increase criteria instead of creating site specific additional inner center community parks 6. City staff and development interests supporting convertion of Hall Blvd to a 5-lane with purchase power of right-away in an area were small businesses, grocery stores, day care 5 P. Whiting November 15, 1999 centers and apartments currently exist and are filling the needs of the surrounding community. In such a short time of review before this planning body how can a decision about this overwhelming proposal be made? The proposal will change not only the face but the foundation of an existing residential and small business community and the natural and environmentally necessary ammenities that should be afforded more serious consideration. - Therefore, it is requested that a 7-day open record status be established following the final commssion hearing before a decision is rendered. This will allow citizen comment and possibly other information to be included in the record before conveyance to the City Council. As a Task Force member I can not in good conscience support the plan in its current form. Too many important features are not resolved. Those items heavily impacting our local community are centered in the plan proposal east of S.W. Greenburg Road. Therefore, I am requesting that you reconsider the Resolution from the Citizen Participation organization which supports the eastern boundry being S.W. Greenburg Road and not Hall Blvd. It was presented to the Task Force previously and has merit for reconsideration given the many problems in the plan in the neighborhoods east of S.W. of Greenburg Rd. Lincoln Center is mostly built out now and has two more towers and parking expansion on line for development. The. bulk of the growth can be: concentrated in Washington Square and the regional transportation ammenities can move forward MEN 6 P. Whiting November 15, 1999 without overt impact to existing residential and small business neighborhoods, the Wetland and Floodplain and community-centered Blvd activity. In conclusion, if you do not change the east boundry to S.W. Greenburg Rd. eliminating the up-zoning criteria proposed for the sensitive lands area west of Hall Blvd., as a Task Force member I am asking for inclusion of the Minority Report in the body of the plan allowing the existing zoning to stand in the Ash Creek Wetland and Floodplain. My testimony is submitted for the record. Respectfully, PAT WHITING References and enclosures: 1) Minority Report was submitted to the Task Force and is part of your Appendix material. 2) The CPO Resolution regarding the Regional Center boundary is Task Force Materials. 3) "A warmer, wetter Northwest" editorial, The Sunday Oregonian, November 14, 1999, pg. D4. 4) "Tualatin issues early advice against flooding." The Metro Southwest, The Oregonian, November 15, 1999. page E2. 'nil 'tol ® _ , A wa ® wetter Northwest A group of scientists warns that climate change will mean more rain, floods and forest fires by 2050 0 regoniarls, of all people, emitted by automobiles and coal=fired ought to know better than to power plants. But they, like a large ma- ignore a weather forecast jority of climate scientists, 'accept that Yet few people seemed to there Is some relationship between hu- pay much attention last week to a fore- man activities and awcrldwide increase cast by climate scientists that average In temperatures. temperatures in the Northwest will in- Compelling evidence suggests that crease by 5 degrees and substantially al- global warming is causing climate ter the regian's weather over the next 50 change,. and that It's critical, for the years, United States and *other nations to take The scientists predict nastier winter significant steps to reduce the atmos- weather.' a 5 percent increase in rain phere-threatening emissions they pro- . and snow, and frequent floods as higher duce temperatures raise the snow line in the But even if you challenge this expla- Cascades by 1,000 feet and runoff nation of global warming, or argue that rushes quickly out of the mountains. taking costly steps to reduce emissions Summers in the middle of the next are unnecessary, A Is terribly short= century, meanwhile, will -be. hotter and sighted and irresponsible to suggest drier, stressing forests, encouraging there is no need to prepare for climate pests and diseases, and creating conch- change. tions ripe for devastating. wildfires, the It is a fact, for example, that the aver- scientists predict age temperatures in Oregon, Washing- Ignoring all this seems about as ton-and Idaho have risen by 15 degrees smart as planning a picnic lunch in a Fahrenheit and that rainfall has in- Portland park this weekend. Unless creased by an average of. 2.9 inches somethipg o: someone gets Their atten- since 1900. The climate models used by tion, Oegomans are going to wander the Climate Impacts Group suggest that into a new century, and a new climate,, the Northwest could wann by an aver- and discover they've left their umbrellas age of 2 degrees in the neat 20 years, at home. and byas much as 5 degrees by 2050. The forecast for 2050 was part.of a The Northwest isn't prepared for that study of the effects of climate change on Jdnd of change. Warmer, wetter weather the Northmest done by the Universityof on that scale would lead to significant Washington's Climate Impacts Group. winter floods and serious summer wI The group included 19 scientists hired ter shortages. If that happens, it would by the federal government to analyze require major changes in urban devel- Northwestweathertrends. opment, forest management and. even The scientists did not directly link efforts to aid endangered salmon. their forecast of higher temperatures It makes to. start taking such and more winter storms with global projections in account now. 'Mils is a warming, the greenhouse-effect build- weather fo /that Oregon must not up in the atmosphere of pollutants ignore:. --now jig too z $ a~ a X'Swil, .all ~ ~Aa a ulI- d V r ag O Ol ,Yam v~ ~Ile as ASdb ~ ~ lot eis 9- A Ike ~ ~ Don't Upzone the Ash Creek Wetland/Floodplain Presentation to the Tigard Planning Commission By Jere Retzer, Crestwood Headwaters Group November 15, 1999 -~-and st level ter would apply the hlgheland area ton Square Regional Cen lain/wet shin cre to a 23 acre f loodP • Proposed ~a • nimuxn of units per a ur north of 21~ upzoning, a Mi one agrees between'Hall and Green g esources that every xt slide) on Ash Creek - pverlay shown on the na water Act sensitive environmental r contains ater Resource under the Cle aired ® This area ted stream and USA ld be protected (Tigard .n and a water quality limi ~fi and are req ShO or fish-bean g rove water quality; g _ A,sh Creek is a maJ arian buffer to protectlimP ed by taking or Clean water Act and needs a full rip Ce ollution under the US tened steelhead trout that would be arm to redo P ected to grow, am development" _ Tualatin and ~anno Cr b f er or wretland In this reacrwhich is eXP tl degrading any riparian ular flooding, floodplain experiences reg over 50% in 20~~ because oouerties Ash Creek runoff will increase by ad acent and downstream P P this area fox projects peak storm lain would harm J to ment in the floodp nno Management Plan tlable deve P ro ect in the Fa aCe funds are jjSA has a proposed p uality; metro green sp rowth targets and e and water q lain from the urban g flood storag dlf loodP hould not be developed etro excluded this well ns wetlands and streams s ve "open Space, M sa floodplal resex consistently y went should p hli hts e ort says develop ro oses a vision that hig g ® The Task ~orCe od lain" (page 1$) and ouP e wetlands and flo P wetlands as a c0mrnunity res streams and District from the oureeS overlay ors map reed mater Res and 5tr city of Tig ~a~ Corr~d _ Ash ~ and ~ etlands an •e '010, a o~m IA ` 4pppva~p 4 1 I! , pe+++a S` ~o~ ~ R i K e ' o e° o0 1Q®4 A A1~1 +ySO O~ p0oma~bw,e~estoeds®.asar~dpu~ M~6 oft+ a t ~t t oe o` boo s e t +q~ mere vp ~4pA"'4 0 11 f P +~4Orift Tig~~ Bi df aa~ap USPI.WS O 'lly or.uslMAPSlwrO .p y df -Tjg9rd :ll www.ci.tigard• pia Ot lntererat 'nttp utw Ssnrlce P 0 { low mown to I d lain from the Creek able sands Map Ash T and Build city of 1s ® ow Jf r d ¢ 9O ar 4~ arAf~ ` $ ~tf~ i Q44r _ am r4ft ~ q~4jp~~'4iOina~7ls~r/+sf~~Am e j s m P~ ~ 04 A +w •w ON .0-ma t ~ ~ ` at 4 ~~nd a t Skill dable b~. df p da vye~lands MNPSlbuli ~1;Plions w.ci.ti~ard.or.usl &~ndafles ht~p:llw CAY .:a 4 I Y M Id be lair X110 ~1o°dp thew etaid e Xg,fees t ~0 why BIV eT ass the ~ ,Q snore yeS ail . t that can Ste Y action by the cl Y • (2) is a discretionary untary stew ardsh1P n ® lpz° g operty • Ve r or (3} operty : (1~ v° ordinance. value of a PT a Sens~tl. P through bond that Gould to protect aces ways 5p byes r reservation, om the Greenowners are probablynot ® T u h purchase fo p ernes. a g it ava'lable f r ONveVer, the these Prop units per thr and Tigard have f lain- K to neatly up"t t50+ hese Aetro an k wetlands °°dP sh Cree and is proposing t g less but at buy the A to protect lers because erg would get fat willing sel upzoning the ties will not be affordable chase through bef ore hates Par if they sold oning these proper erefore elinu 1 acre of ter upz on by Tigard th losing bas's • and UP zoning deC'sl ud ed on the f of This P n o tion e be g the CAIIS nt Zone an ® as a a t preservation • ion shou herefor g ld well as Ynalnta' n'n deCs This upzoning tect the reSOUrGe as ® ro able alternat'Vel will upzonng ps there a reaSOn if not then (2} 000 LJ Lrj\71~yLS' 1 1 . ~~5~ Likely Vjpzolied PTOtee l©r, etlamd fill requests in roved 100% of or s of Eupueers app 1996 ® rm~' tween 1980 and as i ation moron County be reserv Mash lain ...for p overlay inconsistent at best*- ~®odp rtes o is ®f wetland an mater Resou 4zthese Force continues ® 'rasl~ force eight acres slier than the or the targeted six to . This is far sm and maps. Task Fnearly half of 30~ on current Tig to absorb . open space" (page loodplain shown District area that is envisioned . rom®te or regulations intended to t in sitive lands lie . within acted an residential growth. ,en agg etc., May st be regional center 's p°,tzFurther ressive more, ncourage transit use, bers Mu e community rnem arty Task Force CPagec t e environment Vernment and o ensure that prop rote Local go munity t the vision, P development. rnent Jude con1 discouraging ork with the develop ent . w ctive lnvestn~ ion standards inc a the, pre tect pared t® sins an attra orts the pro elo anent ren~ strongly supp. incentives for enhauen g n 110These dev p ForceAdditioin nal endm to °l0 ,,The, Task District . • • zoning code amendments' Page 70): overlay Water Resources 040 limit maximum on these corridors y cod19.630 osed roves the resources. This would ould likely resource~Slan amendment to city owner imp animal incentive tiv ass the property t. This m raded resource:' lnCen density unl enhancemen to deg of minimum per acre with no rotection a allow 55 units p Tigard,s code that reduce p be outweighed by ,j Protection Less Likely if Upzoned, Continued Tigard Code on Water Resources has Several Loopholes 0 TABLE 18.797.2 allows local streets within the Water Resource Overlay District (WROD), reduction of setback and hardship variances to other codes as a Type II or type III procedure ® 18.797.100 allows riparian setback reductions by up to 67% in the event the applicant proves that the resource is degraded and proposes restoration of the remainder 0 18.797.120 allows a density transfer outside WROD which would negate the Task Force proposed maximum density incentive (previous slide) 0 18.797.130 allows a variance "to allow reasonable economic use," if other provisions would result in an "unbuildable site" or in the event of "hardship." It seems that at 50+ units per acre several lots within the area may qualify for this variance that likely would require no variance at the current zoning. 0 18.797.140 allows a plan amendment option that can remove the WROD entirely either by showing that "the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource" or else that "the water resource site(s) no longer meet(s) the applicable significance threshold defined by Goal 5" EMS= LEG~~'1T.~ gTRIP 21 MINE 10" vt .~st absorbing b anced al act as giant spong ode ater . ~ • ~ ondit1On er acre °ff 1° xope~'leu ion all0ns P el doNVnst p es ds in 9°°d c t etlan to 1.5 rn~ll beneficial ious surrac releasing u? , of newly as ovet i~nFerv . al benefits f t and fill is n s rise rapidly ave substant cu e flood Nvater • anbuffers h la becaus an near and heal~y np level°pment aced ® wetlands and fish habitat o intensive cts: incre mater quality s surfaces f atiVe impao~s duxin~ im erviou substantial net ashy stone creased imp ve ® etlands ha erasures' on flows streams and w off , higher temp wens dry seas run Duel w ater to poll- tion in d gr SWIMS, reduce Masao . llc~,tio~s SPecles Steelhead and ElIdallgeTed upper Willamette ar 99) for ister, Feb Willamette River and its habitat ederal Re fish) in the wetlands FS proposed c~~ r reaches accessible to listed C areas and «ensure NM associated ripan encies snook 6iabo e W ette IFaW' including s that federal ag ri've habitat require a destruction or adverse ibu es aboae ESA, a designation of u ti n t likely to result in th NMFS. wires a consultation with finder Section 7 of the d or cant ° ice • - n diet they au~liorize, This req e Fisheries Serv any action a ated critical habitat. ides National tarin loca l odification of desi~r► Infoon p° 4 d R ed out or thoi~edoS include the A and Local overnrneDt a activities cam The a 7 1999: Some of th salmonid habitat according Noowest Re ion M a ugh likelihood of affecting ents that have tang following and development pew planning, zoning _ Erosion and sediment control _ Floodplain management ennit implementation aintenance _ NPDES P ment _ ad and bridge construction and mor develop tial federal go rotection, alteration, ui1e substan Riparian area P or developrent Plan would req hway money and the tnent improvements• hive Vletland protection, alteration, Unit develop r a sew plan uses Federal Hig y area in or nee and fore~Z°ng any This regional center transportation lement proposed funding to impi and should consult with 1d1Vi Therefore,'f g water resource e colicl ain sh°~1~. be and .~®°dpl wetland . ~eSOU~Ce °nin~ the, t° axee that d c°unl~ • ental than upZ bt under a to be b°u9 °ne seems vii°n ental less del ies E~ toetea as a ea 'n would be the Pr°pe~ px cu~ent o~,unit~ 10T ble I~eaV1ng ~e r°vide ~ ®~p exe is no su~.ta nd w°uld p ees ~x°91am gated that t~ ' n t~11s a °n~ g the been spa asn°t demons siti~ E e area bef ore e°nsult With up ed as'-v°yee ' n~ his sen a i-adallgev lie ~ under tb. alte~atl~e t ° ups°n~ ni~u~ llabl~l~ a~ d should as tential "ta~n~s ® t° av°1d a p° area 5 ee~.es ACt WettandlFtoodplain he Ash Creek Don t Vpzone won a #r 0:' N r ; ~r• .rte:. 4;p t,:. ~f ,:Y• > hosphatCS, s fl lgh leVe s that . deplete y p t . , u es'nearl?y w ~ ae bloom fish z o rope lead to g e n e and harm. u1d uo nsueam p ~e flood b°xYgnstre Greg I?gP~int of f . s1 Ti ard's claim that of be ,_•x y# udbW Wildlife believes box ~ ® $ ,wl(n,, r°}ss~YFishand has 7; oa es are: d etlanµd, 1 e h Cfeek 0PB ' laze an not ctedlbl • ~ ° orri our read P s ° ° 1 Fanno Belo a listed as ns f e • 1 veloped ~s'sip Y Tale 3 wdl} o out that ar guest op :to write one.,~ : de s thacMeuO stgell►ead'u.. ercd azn avdfloodplain < x threatened tinder dieEtidang andanYdne'•isitvetct~meood Tigard chin? a~ op, lc Crest v rotect the sue. et et $S,P f.,.. Cieekwatershed' ' p Ong xitle 3 attlie state. Species Act. ; d)flood plain on Jete,d •'ss: Fann° fiw petlan HeadN'ater'Grou) p' 99? ement plan, storm (tows on and yet is d of App eals ' A restored Uld roved ZVlanag the end of Sprace Land Use oar d agen iovide imp 1, ` o Ash Creek and better water ; er residents ~~h.Cteek at t1i and claims tae At?i► TiS Y Corps.. habitat for fish. a to protect azdandlVletzg Nicoll and 'Sweet where the creek enters the 'fig kMaY°T Jim ` ood lam will increase ably ood storag { lies, presum , y 'controls wet 9uality and Even if the Ash should vretlan ,040 because of n ineers, which, " . pill: unity i the City' COUnci1 why is al Center = m 199q top elopme of .E• . g - the'comm lain were Converted to , 1n filraeuviUes; d od P. r, : ve recently R. g landlfl0 - Pla or n ton Square est , devnt that is an-:'. flood P The rec Creek fi4 : . some ha Washi S • ...;;their 1uY vstieam under the Metro 2440 Plan. ' ' plain. Was ton would lar- orce ~s., acre et protect t„thpt lung soccer' fields, eye benefits w Task:.:, a a23- . tici pled Nl prized howov_e.. ' sugg oomed, level of'.upzotl►nS,. 4h Creek. P are summ . shoWs, S Arsiiy Corps 0f Ene ese l~St ecause a gr landand' flood plazn on . These increa es ar 25- the 'US • S Y. for a two-Yed' 14-Year, County ereenrof the " el p rovides on y a oding in ' a rovd 100 P eti ; ne. athletic field Water storage b. drai rienced flo ~be1gW ineers°FR. ;.e lted or , small fraction of the uality This area exile the '.1..., eat and loo-year storm event -is g l is submi o;iti wetlaY! water q 16:`x" ` P y feet per second, ) dfi1. P9 1996- the 19g5 and , , laln is tween 1988 and • and none',of , , ,of f wetland• a healthy 2 of die flood' "'(fl,ows in cubic 16 cis to :ds is g , ti atnefits ini uch , . redden-'®Two-y From3 ood,c0itd nabiitie density has flcoc r<ium ensit'! low:d, eat Natural wetlan; : endows 19$4§ r'l zoned way, t also currently. task fptce bast X496 cfs, or a 51 -percent 476 cfs increase to 'ca Provide-Are if the ' owr ors will bey: ,t s 1()-year i From e . tioit other environmental of 54 units per acre; but' 1 p:openY - t 1® reent increas storage and Te oit f;om the the most expensive soccer fields , the Current tlie;l}}SheSdes)X 2 cis, or a 54 pe 553 cfs to A recent: -P on:the ' lie rew -w'a ngarly L : t?3 -From benefits. .,Depending in the state. ef better way. , wl?e e~~ nt ; ®25-year increase. Siena Club said, of wet tt - There is ano' g45 cis, or a 53-percent 655 cfs to a of wetland, o illion to 1.5 . inertia - ~.eg entere: , a ne acre 1,$re x .iQ.na1,4; • From type from 1 m, t ac- Faced with a simills Town Con c - ercent lands can st%. water,,,,., . of:50 uiuts.Per acr: ®144-Year increase., of flood Raleigh recently. tow proposed allons', n Cop . Y . s=f995 cfs, or a 52'P le of other , illion mpm' Ptopgrues from ways Upzosung . h sit ; e half m 8 e.p kl?nd WashingW s er rescar- ter, the residence tahi8. t Viewed a coup i11 becom cording to th S IS r4Y ear floodw or from ice and oth downzoned wet dens}ry. a tgpe 140=y u maces th P City rdle worse thanit is today, . and . ~jifltfe:Sety foreSt resto creek: Downioniag'the oiding val a_' 1 4 P lriixed , uably , can exilect chefs Wetlad}}s, lan~fl4od plain wild P scent pleas j endously more an aeon at the flaod.plaiP othcr,persPect.Y`, the current ; and other conserv floods by zoning in adj a tecttbut, if ail lent of•th , won, low-density values of ; PISA"" jjbe,~Pig P will b4'P ' would preserve the natur tiles can and w~~tland• 'have ear flcooodvamore often than ` reduce 1 -year otect nearby . zone at all • 140 Y 44 percent en- k and also pt so, whyu.P. hass area ex- 10 years' rovide trem thetree ; in the ;every an or even Wetlands ,also p sh habitat`: ; NOt°n1Y•_. ent fioocling pbviOUslY; building umb u;ty'and fE s. residg4it~ v„ tic:residents should perienc'ed fC~lw. Sewerage Aden ;g,s ` the flood plain is "a really~e„ dons water Creek, a ma}°r Tigaid/Metzg ast but the:Umfied., me ti}t~ch #,nraz . s►Y 1tt oT near , benefl,s : of Fanno Creek, is listed.-: J not.accept less.... . 0odmg t btu. be.. having "IdijUtUrez 4ea ldtng lc tsuenttn ibutary'. -Act as P , . in bap Ni,dmag lnucai every 10 years, or more under the Clean f`: note. ed cause adas'.. meet ~.tF.... tipstreanideveL pheUSA'sJune''""ften,butwilladdinonalY ,...;:R.ccording f Nil i 111111111111 Now= s November 15, 1999 Nick Wilson, Chair, and staff Tigard Planning Commission 13125 S,W. Hall Blvd. Tigard, OR 97223 Dear Chairman Wilson and Staff, Why the Washington Square Regional Task Force has selected the 23-acre wetland/floodplain on Ash Creek for the highest density development of the 1784-acre tract defies understanding. Even as it stands today = its natural wetland filled along with other low-lying-,areas, the vegetation sparce, the creek rechanneled - it provides a venerable history of flood control that any re- gional center would be fortunate to have. Restored to diverse life it will be a wondrous place for viewing wildlife. The beneficial soils of this 100-year floodplain/wetland are on record from past testimony,.Any development will increase the probability of serious flooding. The proponents of putting a minimum of 50 units per acre seem willing to ignore the risks in- herent-t.o any -disruption of a prime-floodwater containment area. There is no way the ancient hydrologic soils of this site can be replicated successfully at a newly designated collection site downstream. If this project is O.K.'d for even minimal development, the in- vestors and developer must accept liability, or the City of Tigard is going to'face alone the costs of the losses and damage to pub=. lic-and private property. The big unknown in all of this is the extend and duration of northwest winter and spring rains as a result of our fossil- fueled alteration of the atmosphere. Early spring melt of the snow pack will add its flood force to our streams and rivers. 1997 is the hottest year on record, the 90's, the hottest decade. The annual b billion tons of air -born pollution, largely from our cars and trucks,-are changing weather patterns. Major conse- quences are storms of ever increasing.severity, flooding and drought. It is foolhardy at this point.in time to deny this re- ality. Thank you for this opportunity to testify. This natural area needs all the protection we can provide. Sin erely,(am ',/~~~j ~Ycc~:fi Na 6~ L~►!) Tracy J 7310 S. Pine St. Portland, OR 97223 NNW o Global to Human- ' scient Warning BorisS,Sokolov,?,Oia i, The World st ste in the Global Resources IjIlion UMani Rao, lndia -Roget Spent ,USA ity is th a long term camPa he by ect s goal . Eduardo R*90",' entina McMdEr Sprnn, Russia I Prole The Pro} Scientists eat that a Matianne'°II'Sweden Earistaaunan,°' of Concerned s PecerRaven,uSAsaStadttnan, I is to increase awarenes oftion poses to p d er, _support systems. btatiin Dolmatoff WyardStebbins, USA global environmental degra e can 'a rofessional Gerardo ackSteu>be othai Hungary I S life janossien~ humanity organize efforts in professional Reidoein, Tanlia-zhen,China I aign will is issue and will an JT , - Poland P es to address their fel- l Switzerland acaden11 to edu Ereaeri cate ValenfineTelegdt,S nand ' voices ~ Citizens leaders. KirthiTennakone,SriLanka ttse scientists' Austria i low citiz Richleff k WalierThirring, Britain U Of t Ralph Riley, Great -E• Donnali"momas, ~ l ClaudeRimiaVor~ Norm •anTWW%n,Netherlands ~ About to 3icle~Lists ~ l GustavoRivzs liiases, SarnuelC.C.T•rng,USA Venezuela .3=esTobin,USA C~61~e~~► UCS) 1t "FrederickRobbins,USh *MexanderTodd G Bntarn of Concerned Scientists (WendeURcelofs,USA •SusumuTonegawa J?pan The Union responsible pub , vdncing s -Heinri ch Rohnr,Switurlaad ChengKutTsengChma 9 I J S has 1~ BettyRoots, ~ tiansTul Austria is dedicated to a where technology tiiitiamRothxhr~ J~vanMlen,USA lic policies in areas UCS , bushed in 1969> Great66tain *Simon vanderMeer, a critical role. E between many of S G "Dod Rowland' Us& N&rerlands ted a unique alliance and tho~nds crea scientis Janet RowteY, uSA "}ohnvane,Gr¢atUSABritain I the nations leading e partnership *CaioRubbla,ltal} -Haroldvarmus, of cO pitted citizens. mental Y UCS' Vera Rubm, U Ruda addresses. most serious ehumanity* rrviron aWald USA tSA } e 1 udenkn Geo facing r Einlan threats P°n- uri R r8 d es Elizabeth P:asseL, USA HemikWallg enirotand is and security kin to. encourage wor USA -E. T. S. Walton, wardshiof the global envi rom ronment M~nSabin, si'iliailand sible stewardship . ' Carl Sagpn, USA pmwaseW, currently ote en- , RoidSa0eeOu11ia GetaldWassereurush sustaining resources; P safe, Ruth W, USA -Jamesylawn, USA ` and life- 1es that are renewable, ansportation EarrokhSaidi,Iran vicwrWeisskopf,USA ergy technolog reform tI - ghomasWeller,um and cost effective; Proliferation. fur,, Pakistan ` weapons p •E~rickS•anger, DitervonWettstein,Denma 11 policy; and curtail ~reapofit organization, GreatBntam E~Whipple,USA P dependent n technical public I Mexico GilbertWhite,US& An studies and Jose as cdarrearre, USA UCS conducts ~uence govern- B . seeks to ichar r, forstenWiesel,USA and see federal, and •esnr USA tiori, , e I wlvi Schwartz, USA SA JetomeWr Grea~Bntain educa at the local, state •blelvin c4rwattz -MauriceWilkins, ment Policy ational levels. 1-Julian SdvAnger, USA -Geoflro9 vrtiDdrWn, intern *GlennSeabor&USA GreatBriwn / tWr ` a Israel R'ardWillems,Estonia r~ we Chaisson, Norway SIII&TIUMTO Siddtgtu, Lavrrence.WilsonA• Wilson,UT ~vi-, April 1993 Pakstar► Sweden Ev nsFu a ~,~p ' ) CM Of colace*sked siteatt. ailand ; U mop cledpa t uV1®n ,Congo p~ex Russia .}IetbertStmon,USA YongyuthYuthavong,"~ (JL ~ ~ ~~f China Mexe}SiZ110,Volne 7hao7hon9-xian' }en55kou,D~'~ 7rtouGuanB~a°'~grtain y~ryYl~'I'R ,,,.(.rn}'~''n' 7 ~;rle;Slack, 6sovyZuckenn~',Gr ,M r .~rgesneu,usA BrendaMilner,Canada l .Jerome We, USA *C~WMilstein, Argentina Margaret Davis, USA Ricardo Giaccord, USA Robert Kates, USA -Franco Modfgliani, USA i Luis D'Croz Panama Eleanorj. Gibson, USA Frederick 1. B. Kayania Uganda Andrei Monin, Russia ' The Union of Concerned Scientists sent the world Scientists' yt rvin Goldberger, USA Joseph Keller, USA h , Mexiw 4 Maroon Mon, rats Warning for endorsement to all scientists woddvvide who have been -Gerald Debreu, USA Maurice Goldhaber, USA *Henry Kendall, USA .Pierre Gilles de Genies, France *Donald Glaser, USA *Tent GreatBritain awarded the Nobel Prize; to members Russia the United Kingdom, *Ilans Dehmelt, USA .John Kendrew, Great Britain Tent blukaiyarna Japan a Africa, Canada, Europe, Germany *Sheldon Glashow, USA Elisabeth Kessler, Sweden Walter Munk, USA academies b Johann Deisenhofer, James Gcwans, France bSaung U Khin, MYanmar ada Anne Murray, Sweden and the United States; and to selected scientists in China lndra * Frederica de Laguna, USA Roger Green, New Zealand Gurdev U Oftsh, n India USA Japan, and satin America Peter GreenwOOd, Great Britain Susan Kieffer *Jo reen MuttMurray,ay j Great Britain Over 1670 scientists, incluct'mg 104 Nobel laureates--a majority Paul-Yves Denis, Can , USA Noo, Canada Pierre Deligne, France Edward Goldberg. USA *Klaus von Mitzing, Germany of the living recipients of the prize in the sciences-have signed the Fronk Dixon, USA Coluthur Gopolan, India Lawrence Mysak -Aaron Kug, Great Britain JayantV'ishnu Narlikar, India j warning so far. These men and women represent s, A of the 2 most Johanna Dbbereiner, Brazil StePhen jav Gould, USA E. F. KnVing, USA Anwar Nasim, Saudi Arabia an of the 19 largest economic powers, h Doob, USA including .Roger Guillemin. USA Walter Kohn, USA Kim Nasmych, Great Britain in Africa, .Renato Dulbecco, USA Janos Kornai, Hungary James Neel USA Herbert Gutrnvsky, USA populous nations,12 countries , l4 in Asia,1 in Europe, Heneri Dzinot}iwe}i, Zimbabwe J and 12 in Latin America. Below is a list of prominent individuals Envin Halm, USA Aderemi Kuku, Nigeria *Louis Niel, France .Manfred Eigen, Germany Gonzalo Halffter,'\lexico Ikea Kushtro, Jul>an Yuval Ne,man, Israel who have signed the warning. Samuel Eilenberg. USA Kerstin Hall, Sweden Devendra Lai, India mahdi Elmandjra Morocco Mohammed Ahmed Hamdan, Gerald Cecil Lalor, Jamaica Oleg M. Nefedov, Russia -Baruch Blumberg. USA Paul Ehrlich, USA •Envin Neher, Germany br *Marshall Nitenberg, USA Anatole Aagam. France Bert Bolin. Sweden Jordan Gerardo Lamas Aluller, Peru Thomas Eisner, USA Adnan Hamoui, Kuwait Torvard Laurent, Sweden , USA mi Bruce AlbePS Nishizuka japan Carlos , Aguirre. Bolivia .Norman Borlaug M T. El Ashry, Egypt p M. Hantn Ar Rashid, *Leon Lederman, USA f Korea John Paul Yasuto NS. Nkoma, Botsvana Walter Alvarez. USA Frederick Bormann. USA *Gertrude Eli on, USA Bangladesh SangSoo lee, Rep• Nkwi, Cameroon Pakistan Raoul Bott, USA Aina ius, Sweden Mohammed H. A Hassan, Sudan Qdum, USA ~ cigar Uddin Ammrrd Ronald Breslow, USA .Yuan T. Lee, USA Howard odr K. 0. Emery, USA Ahmed Hassanli, Tanzania Susan Leeman, USA We Nw* okigbo, Nigeria Claude Allegre, France Ricardo Btessani, Guatemala Paul Erdas, Hungary HerbertHauptman, USA *Jean-Marie Lehn, France avaPakistan Michael Alpers, Papua New Guinea }lemtann Buick Great Britain Ayvb Khan Omm• .Richard Ernst, Switzerland Anne Anasmi. USN Gerardo Budowskt, Costa Rica Vittorio Ersparmer, Italy Stephen Hawking, Great Britain -Wassily Leontief, USA Cyril Agodi Onwvmecltili, Nigeria Fab .Philip Anderson. USa E Margaret eurbidge, USA Sandra Faber, USA Elizabeth Hay, USA noe-Ringuet, France Mary Jane • Osbom, USA *Christian Anfuuen. USA Robert Burris, USA Nina Federoff, USA .Dudley Herschbach, ll~A Luna Louis LepnLeopold, USA Yuri Ossnpy'an, Russia Hrnv Ghee Ang. Singapore Glenn Burton, USA Herman Feshbach, USA -Gerhard Herzberg, Canada Madilen Letokhov, Russia hum Singh Painlal, India a George Pake, USA %emet Arber. Switzerland -Adolf Butenandt, GemtanY * * eo r e Htchin Great Britain .Riles Chang-tin, China USA Mary Ellen Aven•, US*Ernst Otto Fischer, Germany .George Hitchmgs, USA [S Chang lira, China *George Palade, USk Sergio Cabrera. Chile Inga Fischer-Hjalmats, Sweden Michael Ellis Fisher, Great Britain *Dorothy Crowfoot wfoot Hodgkin, *Julius Axelrod. L~SA Paulo C. Campos, Philippines Shan Tao Liao, China Mary Lou Pardue, USA William Lipseo Michael Atiyaly. Grant Brtn Lipscomb, USA ,Emus Pauling, USA Ennio Candotti. Brazil *Val Fitch, USA *Roald Hoffman, USA Jane Lubchenco, USA Howard Bachrach. USN Head Cartan, France Dagfinn Follesdal, Norway -Robert Halley, USA Barbara Pears,, Great Britain John Backm, USN Carlos Chagas, Brazil *William Fowler, USA Christopher Magazda Zimbabwe Abed pcerally, Sicara ,Swaziland Mu>~am AchmadBaiquni,Indonesia makrishnaChandrasekhar, Nick HolonyakUSA Lydia PhindileMakhubu -David Baltimore, US\ Otto Frankel, Australia Lars Hormander, Sweden Khursheed Ahmad Malik Pakistan Mauritius India Herbert Friedman, USA Dorothy Horstmann, USA hs USA Manuel P rose, G Mexico H. A. Barker. USA *Georges Charpak, France .Jerome Friedman, USA Lynn Margo ' Roger Penrose, Great Britain Francisco J• Bate'' Argen ti na Joseph Chatt, Great Britain John Houghton, Great Britain Paul Marks, USA John Philip, Australia David Bates.Ireland $hying Shen Chem, China Konstantin V. Frolov, Russia Sarah Hrdy, USA George Martine, Brazil Lilian Pickford Greg Britain Chetsanga Zimbabwe -Kenichi Fukui, japan Kenneth Hsu, China Frededoo Mayor, Spain John R. Pierce, gattersbv,Great Britain Christopher Madhav Gad0l, India , USA -erg Bednorz Switzerland Kun Huang, China Ent Mayr, USA -Jahn Polanyi, Canada *Barui Benaeemk USA Morris Cohen, USA Mary Gaillard, USA Hiroshi Inose, Japan Maclyn McCarty, USA *Stanlev Cohen. USA George Potter, Great Britain Gemvot Bergold, Venezue -D. Carleton Gajdusek USA Tamer T.lsoun, Nigeria James McConnell, Ireland Stanley N. Cohen, USA Robert Gallo, USA * ors awb, France -Ilya Prigogine, Bet v 'Bute Bergstrom. Sweden la Mildred Cohn, USA Rodtigo Gamez, Costa Rica Carl_Olof JJ ams Meade, Canada Giampietro Pupp , *Edward Purcell, USA l Bes. Argentina *E. J Corey. USA Cart acobson, Sweden *js Me, Great Britain Daniel l Bethe, USA Antonio Garcia-Bel lido, Spain Dorodvea Jameson, USA Jerrold Meinwald, USA Atta ur-Rahman, Pakistan thur Bir h. Australia -John Comforth, Great Britain poldo Guam, Great Me Britain xico Daniel Janzen, USA M. G. K. Menon, India G. N. Ramachandran, India Al Hector Croxalto, Chile Perot' Gamhm Great Cecilia jarlskog, Sweden Mesiatz, Russia ' ppattu *Michael Bishop, USA Paul C,rutzen, Germany Richard Garvin, USA Gennady r Ramakrishnan, LotinseJohnson, Great Britain •Konrad Bloch, USA p aDasgupta.GreatBdtain )anMichaiski,Poland TiroIndia Nicholaas Bicembetge n ,USA *Murray Gels-Mann, USA Harold Johnston, USA *Hartmut Michel, Germany - Dausset, France Georgii Georg~ev, Russia Victor A Kabanov, Russia David Mervyn Blow, Great Britain *D~gulande Robert Davidson, Humam Bisham Ghassib, Jordan Sierra Leone *Nobel laureate , „'.""A, p3T'e rm..rtz a c _n."°°s'F^' eI ~t» q ii ` w r ~1 Fi t r. i INTRODUCTION Human beings and the natural world five lives in absolute poverty without enough to eat, and one in ten suffers serious malnutrition. are on a collision course. Human activities inflict harsh + 3 and often irreversible damage on the environment s F No more than one or a few decades remain and on critical resources. If not checked, many of rf F our current practices put at serious risk the future before the chance to avert the threats we now i confront will be lost and the prospects for ' that we wish for human society and the plant humanity immeasurably diminished. and animal kingdoms, and may so alter the living world that it will be unable to sustain life in the mariner that we know. Fundamental changes are urgent if we are to avoid the `R° 'Y t WARNING We the undersigned, senior members of the world's scientific commu- i f? collision our present course will bring about., o , ,fit rV `t~, ; nity, hereby warn all humanity of what lies i r - ahead. A great change in our stewardship ~k= F of the earth ad the life on it is required, if y n THE ENVIROPAMENT The environment is V -pp z 1 vast human misery is to be avoided and our suffering critical stress: }?'t` s global home on this planet is not to be irre- 'noel A>t nosploe re stratospheric ozone deple- { h ; _ trievably mutilated. tion threatens us with enhanced ultraviolet radia- tion at the earth's surface, which can be damaging or lethal to many life forms. Air pollution near ground NAT WE MUST ®O Five inextricably linked level, and acid precipitation, are already causing wide- areas must be addressed simultaneously: spread injury to humans, forests, and crops. ! 1. We must bring environmentally damaging activities under Water Iilesciutrees Heedless exploitation of depletable ground control to restore and protect the integrity of the earth's systems we water supplies endangers food production and other essential human j depend on. We must, for example, move away from fossil fuels to more systems. Heavy demands on the world's surface waters have resulted in ; benign, inexhaustible energy sources to cut greenhouse gas emissions serious shortages in some 80 countries, containing 40 percent of the and the pollution of our air and water. Priority must be given to the world's population. Pollution of rivers, lakes, and ground water further development of energy sources matched to Third World needs-small- limits the supply. scale and relatively easy to implement. Oceans Destructive pressure on the oceans is severe, particularly in We must halt deforestation, injury to and loss of agricultural land, and the coastal regions which produce most of the world's food fish. The the loss of terrestrial and marine plant and animal species. total marine catch is now at or above the estimated maximum sustain- able yield. Some fisheries have already shown signs of collapse. Rivers ! 2. We must manage resources crucial to human welfare more effectively. carrying heavy burdens of eroded soil into the seas also carry industrial, we must give high priority to efficient use of energy, water, and other ` municipal, agricultural, and livestock waste-some of it toxic. materials, including expansion of conservation and recycling. S®II Loss of soil productivity, which is causing extensive land abandon- 3. We must stabilize population. This will be possible only if all nations ment, is a widespread by-product of current practices in agriculture and recognize that it requires improved social and economic conditions, and animal husbandry. Since 1945, 11 percent of the earth's vegetated sur- the adaption of effective, voluntary family planning. face has been degraded-an area larger than India and China com- I 4. We must reduce and eventually eliminate poverty. ` bined-and per capita food production in many parts of the world is decreasing. I 5. We must ensure sexual equality, and guarantee women control over forests Tropical ruin forests, as well as tropical and temperate dry their own reproductive decisions. forests, are being destroyed rapidly. At present rates, some critical forest The developed nations are the largest polluters in the world today. RI ° types will be gone in a few years, and most of the tropical rain forest will They must greatly reduce their overconsumption, if we are to reduce be gone before the end of the next century. With them will go large pressures on resources and the global environment. The developed na- ! numbers of plant and animal species. tions have the obligation to provide aid and support to developing Llvin t~ Sp etbess The irreversible loss of species, which by 2100 may ! nations, because only the developed nations have the financial resources 3 reach one-third of all species now living, is especially serious. We are and the technical skills for these tasks. ! losing the potential they hold for providing medicinal and other benefits, Acting on this recognition is not altruism,- but enlightened self-interest: j and the contribution that genetic diversity of life forms gives to the whether industrialized or not, we all have but one lifeboat. No nation robustness of the world's biological systems and to the astonishing beauty can escape from injury when global biological systems are damaged. No of the earth itself. nation can escape from conflicts over increasingly scarce resources. In addition, environmental and economic instabilities will cause mass mi- Much of this damage is irreversible on a scale of centuries, or perma- I " nent. Other processes appear to pose additional threats. Increasing lev- orations with incalculable consequences for developed and undevel- els of gases in the atmosphere from human activities, including carbon oped nations alike. dioxide released from fossil fuel burning and from deforestation, may i Developing nations must realize that environmental damage is one of alter climate on a global scale. Predictions of global warming are still i the gravest threats they face, and that attempts to blunt it will be over- uncentain-with projected effects ranging from tolerable to very severe- whelmed if their populations go unchecked. The greatest peril is to but the potential risks are very great. become trapped in spirals of environmental decline, poverty, and un- leading to social, economic, and environmental collapse. rest, massive tampering with the world's interdependent web of life- coupled with the environmental damage inflicted by deforestation, spe- Success in this global endeavor will require a great reduction in vio- cies loss, and climate change-could trigger widespread adverse effects, lence and war. Resources now devoted to the preparation and conduct ! including unpredictable collapses of critical biological systems whose of war-amounting to over $1 trillion annually-will be badly needed in interactions and dynamics we only imperfectly understand. the new tasks and should be diverted to the new challenges. Uncertainty over the extent of these effects cannot excuse compla- A new ethic is required-a new attitude towards discharging our re- cency or delay in facing the threats. sponsibility for caring for ourselves and for the earth. We must recog- nize the earth's limited capacity to provide for us. We must recognize its fragility. We must no longer allow it to be ravaged. This ethic must POPULATION The earth is finite. Its ability to absorb wastes and motivate a great movement, convincing, reluctant leaders and reluctant destructive effluent is finite. Its ability to provide food and energy is governments and reluctant peoples themselves to effect the needed finite. Its ability to provide for growing numbers of people is finite. And changes. we are fast approaching many of the earth's limits. Current economic The scientists issuing this warning hope that our message will reach and r practices which damage the environment, in both developed and under- affect people everywhere. We need the help of many. developed nations, cannot be continued without the risk that vital global systems will be damaged beyond repair. We require the hel~ of the world community of scientists-natural, Pressures resulting from unrestrained population growth put demands social, economic, po ~tical; a.. on the natural world that can overwhelm any efforts to achieve asustain-We require the help of the world's business and industrial leaders, ble future. If we are to halt the destruction of our environment, we must accept limits to that growth. A World Bank estimate indicates that world We require the help of the world's religious leaders; and j population will not stabilize at less than 12.4 billion, while the United We require the help of the world's peoples. Nations concludes that the eventual total could reach 14 billion, a near , tripling of today's 5.4 billion. But, even at this moment, one person in We call on all to join us in this task. ! SPONSORED Y THE UNION F CONCERNED SCIENTISTS, 26 CHURCH STREET, CAMBRIDGE, 02238 f Jill Tellez 9280 S.W. 80th Ave. Tigard, OR 97223 November 15,1999 Planning Commission/City of Tigard 13125 S.W. Hall Blvd. Tigard, OR 97223 TESTIMONY REGARDING THE PROPOSED WASHINGTON SQUARE REGIONAL CENTER PLAN My name is Jill Tellez. I own and operate a small residential real estate management company. I own six rental units, and have been an active member of the Multifamily Housing Council for ten years. I am Vice Chair for CPO 4M. A successful community plan comprises of strong public and private financial support. On pg. 19 of the proposed draft plan, it states that "financing for mixed-use development may be more challenging to find than for conventional development". On pg. 26, it also states "to attract private investment, local governments and community members must be sensitive to the realities of the marketplace". Further, that "aggressive regulations intended to promote the vision, protect the environment, encourage transit use, etc., may result in discouraging development." This language is here because high density development is planned in a high risk area, the Ash Creek wetland/floodplain. SOFT MARKET The market and the economy are based on the stock market, the financial climate in Asia, and other related impacts. Since no one is able to predict i how market trends will fluctuate, the safest way to act financially and attract private investors is by examining the current market. The market has slowed down, interest rates are slowly going up. The above sentences suggest that we must break our regulations in order to successfully build this regional center. Private lenders are skittish. Their success depends on the world economy and market trends. No private lender or insurance company will be so short sighted as to finance projects in the high risk development suggested in the draft plan. If people can't get loans or insurance, it can be a recipe for disaster, as in the fiasco of the Beaverton Round. Their problems compounded because they couldn't secure financing for the project. ("Beaverton files action in Round Project", The Oregonian, Oct. 16, 1999). Another reality of the market place is that Portland is currently oversupplied with apartments. There are a lot of residential and commercial spaces sitting empty. (Apartment Research Report, Marcus & Millichap, Nov., 1999), AFFORDABLE HOUSING Moderate income jobs continue to grow at a healthy pace,.providing a silver lining for investors in today's market. (Apartment Research Report, Marcus & Millichap, Nov., 1999). This regional center plan is overstepping it's confidence in catering to high tech jobs and higher income populations. (pg. 25). The suburbs aren't ready for luxury row houses. ("Wanted, home buyer who needs a free car", The Oregonian, Nov. 1, 1999). Escalating housing prices have created problems even for workers with decent wages. Metro Councilor David Bragdon said that high housing costs could dampen the region's economic growth if workers cannot find affordable places to live close to where they work. ("City, Metro panel look at real estate transfer tax", The Oregonian, Nov. 9, 1999). More inventory should come on the market at realistic prices for those investors looking to make a long-term investment in the Portland-Vancouver area. ("Portland apartment owners may react to flat market", The Apartment Manager, Nov. 1999). Tigard is a suburb consisting of chain stores, gas stations, and has a strong economic base of lower income wage earners. Since there would be no affordable housing for them, they would be forced to move and commute to their jobs, thus creating more traffic. S11MMARY Because this regional center plan is concentrating the highest density in the Ash Creek wetland/floodplain, it is creating a high risk environment for private investors. There is no hope for success without private investment. I would estimate the shelf life of this project to last from 3 - 5 years on tax dollars and federal funding. Then things will start to crumble, and the community will end up with a pile of wreckage which was funded in part by their tax dollars. The citizens will also need to pay twice. Once to invest in the expensive infrastructure, cost of sidewalks and related developments. Then they will pay again to pick up the pieces left by an unsuccessful attempt to create a regional center without the strength of private investments. Building in unsafe locations invites dangers for which there is no safety net. The reality is, that unless someone has adequate insurance to cover the loss from flooding damage, there is little hope of getting Federal or State aid. ("As homes sink, so do Philadelphians' hopes"; The Oregonian, June 17, 1999). Fema has announced that it is granting single incident relief from flooding damage, since they are spending too much money on repeat occurrences. The only way to have a successful regional center plan is to move the high density out of the high risk wetland/floodplain, to property that is developeable. Thank you for your consideration in this matter. I would like to request that the above information be included in the record. Signed; J 1. Apartment Research Report. Marcus & Millichap, Nov., 1999. 2. "Beaverton files action in Round project", The Oregonian, Oct. 16, 1999. 3. "Wanted, home buyer who needs a free car", The Oregonian, Nov. 1, 1999. 4. "City, Metro panel look at real estate transfer tax", The Oregonian, Nov. 9, 1999. S. "Portland apartment owners may react to flat market", The Apartment Manager, Portland Metro Vancouver, Nov. 1999. 6. "As homes sink, so do Philadelphians' hopes", The Oregonian, June 17, 1999. p hH t1MtA",kse61,"c ar ell U Iti a MR 9% M ® e It E r K This report rovers cite Portland' Novernber 1999 Usicouver metroPolitoa area. OVERDEVELOPMENT STIFLES PORTLAND APARTMENT MARKET Executive Summary The rmwwoy train of new development has begun to Generale eve conc•errrs tiro- lire rnetrolurlitan 1'ortlund crynrrtax ru nurrket. While demmid remains con.sn•aitied clue to • Over the lust year, 20,8110 the litigeritig eflec•t of the Ashm financial crisis curd slow regional emplovi7mit growth. ncty iobs have been added if `tillstemticrl siipp y of new aptirtrnent unite continues to enter the nmrket. The re- to the Portland economy-, sullirrg srrllply-dernalyd inrbalane•e has pressed t•crc•cttrcies .skytvorcl, ine•rea.sed life with the loss of 4,600 cornpeliiive rental utnrosl~here. flattened rent growth and begun to inrlwir sales lrric•es. mailitfactto-ing jobs being The .suburban markets will continue to be the most substantially affected, while the offset by growth in all other close-in market tippears to be on track tier sknv, stable growth. sectors. Portland Otc'rsulrlrlied • The Portland MSA population Despite Elie comnwnly held opimiun to the contrary, developers do not intcn- ,will grow by 1.6'%, over the tionally overbuild a region. Like other capitalists, they respond to a perceived need, next year, adding nearly often stakingctmsidertble resources oil economic projection,. Unfortunately, the lung .30,000 new rcsidents• dcvcl(fpnsenE cycle of apartment c(fmplexes uftcn IC•ads to SittutjomS such as the cur- - Apartment completions rent imbalance plaguing Portimid. Actual construction takes approximately ) 2 months, continue to outpace demand, while Elie pre-corlSUltctioll phase averages 13.2 months nationally. Cunsidcring that with 6,000 new units poised two years ago the area's employment growth was a strong 4.3 percent, vacancies had to cater the market. rchuttnded to n..1 percent and rent growth averaged three percent, it is understandable that developers saw opportunity- in the market. Unfortunately, they failed to account • 141euopolit:ut s acancics have for the financial turmoil in Asia that has since etiectively dried up demand. increased to 7 in 1991) and further increases clue to Demand Shootige development are un the [3ccausc population growth is largely driven by in-migt•atiun spasvncd by new hori=on. employment opportunities, job growth is the foundation of demand for flew housing • Rents remain flat in the units. Starting in 199.1, the Portland region experienced substantial employment metropolitan area at an growth, adding .10,000 to -10,000 positions per year, until the effect of the Asi:ut fi- i averagc S6. 4 per month, nancial meltdown struck last year. Based oil historical absorption data, the Portland though operating incomes market creates demand for (file apartment trait for every seven ncss• jobs. Using this y cominucr to he driven doss•n 7: 1 ratio, the regional demand begari to fall short of supply beginning in 1997, antl t bs• increasing crrncessioll this trend ss•tll not be rcvcrscd until early 20111. i • Sales priers will dechnc ] slightly in the tact of competition :End a softcfling economy. 12 MONTtt Ar,%RTStt:x•r Ft1RLCAST 2.4% increase 4,000 units 2.0 percentage No change M decrease in jobs will start point increase in rents in sales prices in vatanty Economy The Portland economy remains soft following developments in the Far East. Though employment and population growth are both positive, they have fallen to their lowest levels in nurre than five years. Manufacturing has been particularly hard hit, experiencing a three percent decline in employment over the last year. Ali other sectors, however, have seen moderate gains, with the 4.8 percent growth of the ser- vices sector capturing center stage. While the slowing regional econouly is not regarded as a positive indicator for the region, the fact that moderate income jobs continue to grow at a healthy pace provides it silver lining for apartnlcnt investors. These are•jobs most closely associ- ated with renter households, considering the house payment for a median-priced hone of S164,100 exceeds S 1,200 per month (including principal, interest, and an estimate of taxes and insurance). Relative to this, even the rent of a newer 3-bedroom/2-bath apartment at an average of S973 per month has appeal. Apartment Supply Versus Demand Construction Portland-Vancouver MSA 8'000 Although the Portland economy remains healthy, over- 7•000 building will continue to destabilize the regional supply/ 2,000 demand ratio. Ovcr the course of the last five years, nearly 5,000 30,000 nnulti-family permits have been issued for the MSA, 4,000 with another 3,000 projected fur 1999. This heavy develop- menu has led to an increase in the regional apartment housing g a,oa0 stuck of approximately 20 percent, while the population has z 2,000 increased by approximately nine percent. It is no wonder that 1,000 new development has moved vacancies tip 3.6 percentage 0 points front their 191M low of 3.4 percent. 1991 1992 1993 1994 1995 1995 1997 1996 1999• 2000• Over the next year, suburban markets will beat" the •ro••~•+ •"1i1"'FoniBjF"'""' °Abioj"°" brunt of the supply imbalance, with areas of heavy develop- nlent such as Beaverton, Hillsboro and Gresham likely to experience steep increases in vacancies. Core urban areas such as Downtown/NW Inner Southeast and Northeast Portland will enjoy relative stability. Vacancy -I'he influx of new apartments into the market has nttlved vacancy rates steadih upward since 1993, though until 1998 the annual increases remained below one per- centage point. Netter properties in suburban :Yeas have felt the most effect, with few areas or product types escaping unscathed. Over the course of the next year, as Supply Mid demand step turther out of bal- Apartment Vacancy Trends once, the haftleSt Portland-Vancouver MSA hit suhmarkcts 8,000 lox will intensify their 9 7,000 marketing efforts, 6,000 i ax offering incentives 6x and potentially 5'000 dropping rents. A,, 4•0 .000 'a a result, some ten- 2 j I ax :lets Will Increase > 2.000 I. 1 2% i L their cunlnunc ill t;tvor of it ncul rr ;lp;ll'tlllellt %%'till it 0 1991 1992 190] 199] 1995 1996 1997 109E 1999. 2000• Ox lo%% •r l•tlcl'tivc •For+ I rent. As this takes place, core suhnlarkets that have thus far walled the brunt of the effect will experi- ence it skm erosion tit renter prospects. Lcasc-tip times of vac,lnt urns WIII Ien,ethen and avcr.ll e vac:ulctes Will creep up from then col rent level tit seven percent. Forto- natcly, 3000 %%111 Itkcly he the last yell' tit nlasslvt• apartnlcnt conlpletlons. Beginnllig Ill e:lrh• 200 1. more nuns wdl be absorbed than both, resulting in declining vac.ulev. Rents Metropolitan average rents rem yin flat at approximately $6.10 per month, with no additional growth at the regional level anticipated. Cure markets will experience two percent rent growth over the next year, while areas such as Beaverton, parts of Gresham and Vancouver will likely sce rents decline slightly. Already, incentives have increased dramatically in Washington, Clackamas and Clark counties, signaling a rise in competition for renters. New class A properties will lie the hattleground over the next year, reflecting the enormous number of properties of this type built over the last few years. As the com- petition increases, class B properties will be affected as renters front these properties step up into nicer apartments made available through incentives and reduced rents. Class A properties have reduced rents over the last year by approximately 1.5 percent, but when the rents are adiusted for incentives, the decline is closer to 3.i percent. Class B rents continue to increase at it rate of less than one percent, while class C properties experienced growth closer to two percent. For the apartment investor, these trends mean flat prices for cure submarkets and a softer market with declining prices in suburban areas. Semi-Annual Median Apartment Price 1997-2000 Sales $ao Select Podland Submarkets Trends ~ $50 The Portland ) $ao apartment market has begun to expo- ' $ao ricnce falling sales E S20 prices. The soften- ing ecotlonly and sto continuingoverde- _o ve l o p Ill c it t have Multnomah Ctadmmas Washington Clark created it %-cry coill- 01997-1H19" ■2H1999-1H2O00• petitive rental irtnulsphere in which declining rents and rising vacancies continue to plague the bot- tom line of property owners. As it result, buyers have become reluctant to purchase properties based on anticipated rent growth. Further, as the cost of capital has risen, buyers' ability to apply positive leverage has diminished. Combined, these factors have led to rising capitalization rates throughout the market to an average approach- ing 8.8 percent. Over the course of the next year, as the market continues to weather the supply/demand storm, capitalization rates will continue to creep upward. Outly- ing sullmarkets will he the most substantially affected, as the properties there face the niost competitive difficulties. In these areas, cap rates in excess of nine percent are likely by mid-3000. Regional median prices, which topped S46,300 per unit during the first half of 1999 fallowing several years of healthy growth, have already begun to slip back to- ward the S45,000 nark. Prices arc expected to settle near this point for most of 3000. Again, cure markets will continue to outperform suburban markets as rent and va- cancy problems remain minimal in these regions. Summary A slowing economy and surging development have collided in the Portland market to create a substantial uvcrst►pply of apartment units. Although the brakes have been applied and 1991) will ,cc the fewest nnilti-fanlily permits since 199.3, the market will remain overbuilt until early 2001, when absorption will begin to exceed nett- supply. As it result, vacancies will jump two percentage points over the next year. Regional rent,, which have experienced no growth over the last year, will remain flat thrutigh 21100 as a re,tilt of these ttnt;n•orahle condition,. The effective rent, alter tactoring ill ponce„sun, and inccntivC,, Will declinC ilpl,rnxtnlatch• two percent through 2000 it% competition for tenant, lintcn flies. Steninling from this, apartment values Will continue to ,olten over the next year, with capitalization rates increasing and pace, edging hack Irom their landmark high of S-16,3110 per unit. Ell Apartment Lending Rates May Stabilize By Year-End By WILLIAM E. HUGHES, Jeuuu air. 1'rro,L ut..lltucn. \:1ldhrh,p: r',gvr,rl t:urlku,ru:, r The last few months have been nothing; short of tumultuous in the capital mar- ket.. With yields on Treasuries rising; or talling;on any given day and with spreads acting; like an out-ol-control rocket, life in the real estate finance industry is anything; but [lull. Once again, inflation is on the minds of everyone originating; fixed rate loans. As the government reports on job growth, productivity, the producer price index, the consumer prier index, etc., the market has been reacting with an increasingly stronger jolt. On tot, of this volatility in the Treasury market, we have seen an "out of kilter" supply-demand ratio for lixed income instruments in the secondary market. Because of this anomaly, spreads for CA1BS and all fixed rate products have increased Substantially over the last six months. The net result is that while money is readily available, fixed rate loans are costing as much as 100 basis points more that they were in early luly. Every category of income-producing; real estate has been ;IUCCM1, dragging cash- on-cash returns down. While apartments remain the "golden Child" for lenders, they tno Cannot escape the impact. Fannie Mae, Freddie \1aC, Conduits and Commercial banks have all seen it fairly dramatic increase in fixed rates. While the expectation is that rates will once again settle because of anticipated casing; of supply-deni:ultl Pres- sure in the secondary market, the question is when and by how much. Our expectation is that the cost of fixed rate money for g;oud gtality apartments Will settle in the 7.25 to 7.75 percent range during; Carly- to slid-tall. I loweycr, all bets are oil it the economy shows signs of an inflationary spiral. The Fed will take Immediate action to push rate, higher if the economy remains in its robust state. Prudent Investors need to renlenl- ber one thing;: "Rates go tip like a rocket and Conlr down like a balloon." Recent Sales I~Wilig 1t4 No aI I'n.c Pc, I'c„prnv N.une Addle- I'nu (lilt. Unit Hunters Run 16201 NW Schendel Ave., $15,450,000 313 $ 58,018 Beaverton Rivcrwnod i leights 12070 SW Fischer Rd., Tigard S 1 2,1450,000 210 S 5.3,;-11 Squires Court Apts. 10555 SE Mather Rd., Clackamas $12,850,000 235 S 54,680 Ivy Club 8701 NE 54th St., Vancouver S11,465,886 204 S 16,207, Holly'wood'Rrwnhouse 4265 NE Halsey St., Portland S 8,600,000 119 S 72,268 Gollside Village 7700 NE 72nd Avc., Vancouver S 7,81111,(1(1(1 1.11 S ;;,.319 Marcus S,Millichap Clackamas Heights 3057 SE Monroe St., Milwaukie $ 5,814,000 127 $ 45,779 Real Eaateinvestment Brokerage company Soincrset Apartments 1820:; NW Bronson lid., 1tillsbortt S :020,000 100 S ;0,2(1(1 t.d,rcd .Ind prepatcd by Park Terrace 315 N. Alberta St., Portland S 2,816,000 88 $ 32,000 Terry Wilson Trevor Arms Apts. 2109 NE Irving; St., Portland S 2,300,000 52 S 44,230 ti,„•,,,1, Suzanne Marie Apts. 9370 SW Allen Blvd., Beaverton S 2,100,000 49 S 42,857 I',ntland 44 limit Apartment 18(11(1 SE Division St., Portland S '_,(1(1(1,111111 14 S 4;,411 Prince of Wales Apts. 1225 SW Alder St., Portland S 1,425,000 44 $ 32,386 h„t nu,nn,.unm,m n.tn,+tt'I We"t Sloe Villa .3560 S%V Vista Dr., Portland 1,.35;,(111(1 2; S ;5,411(1 .tp.utinc•nt ttettd-. :o Iltact { \lark A. Larocque Castle Apartments 13708 NE 15th St., Vancouver S 1,150,000 20 $ 57,500 Sununenvood Apts. 1136 NE 18 I st Ave., Portland S 1.13;,000 3U S .37,;011 , ...t,,, • ; i ,I . • Victoria Apartments 2186 N\\' Clisan St., Portland S 1,060,000 30 S 35,33.3 Columbia Village 2200 NE 201%t Ave- Fairview S 1,025.OO(1 2.1 ti .12,"IN I til1 S\\' 1'11',1 :te11 .ll 16 Unit Apartment 2125 NW Glisan St., Portland S 800,000 16 S 50,(1(10 tiu1tr t I E.yrrtllern \illa,t;e:\pt,. 34110 G. Eyel;Crrrn [3lvd., s 19i,001) 2-1 -S .3.3,12; Portland. [Oregon 971111 lalrcouver IcICPhunr: ;n.3.2311?3.33 15 Unit Apartment 2123 NE Halsey St., Portland S 780,000 i 5 S 52,0011 Fax ill 3 _2-2220 ' 1 ; ; I + I )nn Apartment 19;•1 NW Inhn+on St., 1'urtland s 721,(100 I ; ti -18.3 3 3 Deena's Court Apts. 7940 SE 72nd Ave., Portland S 660,000 15 S 44,(1(10 hq, ME'9'R®MORTHWEST THE OREGONIAN O SATURDAY, OCTOBER 16,1999 ia-we.averton es action o project The city wants BCB Group ber, when BCB ran out of financ- iiThis is intendeli for the Some lien holders, whose bless- mg. The first phase of the project, city to take control of ing was needed to make the deal fi- to complete the development on 4.5 acres on Southwest Watson nal, didn't want to relinquish their or sell the land back to the Avenue just north of Canyon Road, the project.' liens for partial payments that was expected to be completed would be staggered over two years. city or another party when westside light rail opened in LINDA ADLARD, The bankruptcy filing is tied to September 1998. Delays pushed BEAVERTON CHIEF OF STAFF By AARON F'ENTRESS that date to December 1998, with liens against the property by the THE OREGONIAN full completion expected by sum- city for about $50,000 and two con- BEAVERTON - After nearly a mer of 2000. tractors for a total of another year with no progress on its hoped T city envisioned the Round "We've been generous to this $59,000, Adlard said. for new downtown, Beaverton filed as the centerpiece of a new down- Point," Adlard said. Adlard said the city is entitled to involuntary bankruptcy proceed- town core, with stores, offices, con- BCB's attorney, Jim Zupan CiC, ty ings Friday against the developer domirriums, apartments, a movie could not be reached for comment the land because BCB is in default of the Round at Beaverton Central Friday. of the development disposition theater and a hotel surrounding a According to Adlard, BCB could agreement, which says if BCB de- The move will force BCB Group brick courtyard, all accessible by still finish the project, if it can pre- faults on the project die land Developers LLC either to finish the light rail. sent a concrete plan in court If it comes back to the city. $100 million project or to sell the But for nearly a year, the Round can't, the city hopes that the court land back to the city or to another has consisted only of partially fin- will force BCB to sell the land to the ' PartY• ished buildings, while BCB has un- city or another party. You can reach Aaron Fentress at "This is intended for the city to successfully sought financing, and The city, or others, would also 503-294-5954 or by a-mail at aar- take control of'the project," said contractors have filed liens totaling present plans and a judge would onfentress@news.oregonian.com. Linda Adlard, Beaverton chief of about $2.9 tm7lion All told, about evaluate them and make a ruling staff, who has been the city's lead 75 contractors are owed about $4.8 Adlard wouldn't say how much negotiator on the project million for completed work the city would be willing to pay for The filing in U.S. Bankruptcy Adiard said that the city thinks it the land. But earlier this year the Court gives BCB 120 days to pre- has given BCB, owned by Portland city offered $3.4 million for the sent a viable plan to the court for developer Selwyn Bingham, property, most of which would Completion of the project, which enough time to complete the proj- have gone toward paying lien began in the spring of 1998.. ect, and it's now time for the city to holders some of what they are Construction stalled in Novem- take control in the public's interest owed. Ii 1 i, 4 7 J straurtrc VAOfrW as sari, Jko Atwood 2UrAs next to one of his linurry raw houses In T4wt o that he's bad trout seliion, G Wanted: home buyer who needs a free car mot, will allow boyar to all at& Unable to sell jour row current cars, he said thus towering houses in Tigard in five their debt and giving them a barer chance to qualify for a loan that monde, a builder resorts to would enable them to afford his an unusual marketing offer asking price. If the units don't sell by Nov. 28, By DANA TINS he said, he will probably scrap sab nneoREGOTtAN plans and become a landlord TIGARD - Jinn Atwood (mows it 'All these things tend to be gim• may take more than the new cars micks, and they are probably he's parked outside his four row to be used more often," ssid Phii houses in suburban Tigard to per- Madord, who helped placer dr suade buyers to snap up the units. velopment of row houses in North- But after five months without a west Portland 15 yens too. 'It single offer, be decided that tossing means a seller simply Ianl file to In a free car with every home was operate from a poshlori of at least worth a try. strength." "I thought these houses would Anvood's asking price is too ho sell the ndnute I put them on the to attract entry-level home buyers, market in late May," Atwood said said Mike Miilkne, presklent of 'Guess I couldn't hate been mare McGregor/Millette & Assodates. wrong." which tracks residential real estate While less expensive town trends. houses and row houses are pig 'And I can see why," Millene popular with first-tine buyers in added. "I wouldn't buy a row the suburbs around Portland. At- house with a Dodge in the drhr- wood is resorting to this unusual way, either. Now, maybe if it had a marketing strategy to sell his more Ferrari expensive units. A similar offering in upscale Atwood, whose background is in Johns Landing or trendy North- teal estate and building, is offering west Portland might do just fake, his four row houses at prices rang- said Alan Mehrwein. past prce- Ing from $219,000 to $225A00 in an dent of the Residential Multiple area where the average home sale price was 5218A00 in August. Each Service and branch rrhartag of the iris has 2,013 square feet of er for The Equity Group's executive living space, and each of the three t=,h a in Potland bedrooms has its own bathroom. hof He tY alrraed fora "high ties by end. ~by adding ext as such of as hsaeased soundproofing, extra tthick carpkK, forced-air gas hearing free carstossed in as sweeterh- phone outlets in an bathrooms, em The suburbs aren't read for double water heaters, pre-wiring luxu~ J for surround sound and outlets ca- Atwood, trying to remain up- pable of accommodating future beat. said at least he has teamed a couplings of cable and television thing or two from the expericnre services. 'If I had to do it over again, I'd 'It's as future proof as I could build two-bedroom units and wil make it with 1999 technotogy.' he them for an awful lot less,' he said, said. 'But hindsight is one luxury 1 just The present. hovvvvrr. N proving don't have right now." to he his downfall. In a last-ditch o effort to sell ale units, he is offering buyers new cars, vans or trucks, Vint can reads flora Tints at each priced at about $17,000. The 503- M-5973 or by e•rrraff ar dan• vthkles, given away at no extra arinu@newsoregonfan.com. 011 3M W 03 ad Utsts act se*S NtLaw Alt J h0 on will the lint mttp`V ASteriiouts serlesteaturin9 luUnl peakerinthisYed{s"lot S £SdAY, NOV£MB£R 9.1999_ g ST local artists dlscussin9 their t the Lakewood Cenood Center will appear son p~+ ore a to Ba0 D•m• ton"I at the , 3b8 S. f NE ORS U 6T State St in Lake Oswes9o. Admrssio sder tax .~e 100'K ~j~. S enetalfund drawn (tvm the been n ukd to help ~~rr ramie[ households, ~dgl has bee abut 30 rOve + climb Potdand'atea low•Ineame, sp a bull o[ +►nP nts in the c+ty as a long, hard most of th at Per.W of thetc ►n anaao~ Y L ® "1 dunk it in its some- than houses the city J ahead of it but t thinl said Kelly more t Other Stu e a show post to 90 avemment come for ten babty 'N°n't 't° money Lion, let's ban bcwaus It look eban.t betote worth discussi I viable OP t"" tatevitu internal tell thing oclation s g ember of a V PerOe t1 of households pay' Pmus its commitment to hour C1 Y this the most the utigl B°sS, the ass of their in• contin don of money 11ten "Al" affairs director and a m in the nttm one third with the excep fi- - - g kest+ot°tateiyt UId be available Sion. Metro Cxr~cutive Officer Nti a aleMettocommittee• in6s°Ore~ avallabtethrougl ta g vt u s for Realtors and come on rent an to spend Inside urban re- rou h an but there Burton seta a icttct to oikM idea may face a it to local Comm u~~ue , t that they ce the segl Y who have not been t ri oseaiete man , but Advocates tiyoilld create a stable ft wouldbe no ietl tries to I fro Letd estate tax bankers, say tscussm pouring n on tVie blehousing• eminent from any housing prices hate sin say ° transfer tax Utd bttildaffood 'tteeotpolitical lead- plait. yed, en- involved directly they g ~ ,greaiestate p ro ' comrj tvteno has not P° the s to the idea. ptoo uttdl• me ~ g ' Meno me d resideneiited $5 }tott5ing'dlopets. an d govemmen' discuss ed any type about ° t to be so ironic that ~dece[►t inco emu snilllon aYEeT ~1e for 10W- rofit agency officials has tlutsed or even (or altordabte fpm+lY pp° t or fWd ~ d open 000a of tvttR nd noop• foal proposal. it of funding soun'e real estate "t and tha Tales 30 Snr+ made anYthey are even having d housing ° ttee is cordBring BY OORVO not m housin inciuding anY wo oeanmi ft4 f the & TNE6"Go, ors Nov. 15, and on wrote, said lane iRO, fi° d tax," Burt s chief op- stop, motor (o[ the Portlan me~gr atfo rdabl to proP~js e, wg pbe e' Other ~ Cmmissioner will meagain bets want to de- transfer Metro' pordand City of a comml uestfoned the le aitatse ~dadon of Real ~cjOSetowhesetheY aft a abler ~clude the n and whether wkSten and some me e aalk ride soon whether to embrace a Bruce Waiter, crating officer, q rove a MetX. es an a of time and ener• r committce are t voters to app es each Yew th n continue tits Metro Ma ft Metro advsso Y t estate ssfec talc taxproPOW' ittee is being Pushed g,Ury of issnot b e peg torsi ltd uld tl ito 11 n dot ut on t Mw°wdap~ $120 00 or OOp o an {tug about a ho But any tax The Comm housing tax at is not alloy Y advoc~ 61 and on any SaId to Pao tot housing- ender a well as want to Wamer first " She said a ~ jive tt[tdl than in the maWng• by the cal and others lamure. to the Legislatwe Sion. ~ b ry It tit ~(d fife M~° ~ )an~uldbeyealsusing advo ures 'for step an outside shot at a should go ond. hatder for peoP at0PTO~ '"dbeexempPt'dbeamod Piano Sren and other obes poor and be rea Y next Year a time an dvotetsa n-~(nedbyBur• homes. trstdentfoc tndtsayMvpOlt say the regme pimple are ballot measutd demand months of Sten jai distance his agency Tim btartiu+ v'~ paf tno ~e• ryasvou b.e ton's effort to dts coin- ent ~adons sold is it Stan said- ~e sale inCO a futandal line po'thatwo d public debate fore a govenmm the '1 tMnk o, odtc~ , itw0°ld 're m Y by 1. 1 tk an ues. the Idea even be cu rs Asjodad°n• tf Could use help ejt fee me runaway using" swamped 00%. wth doniss from dedsi not p aoazticlt° gon Bankers contlnulOe r we pdcej it for agotdable w beoutd be dawttnde of gro sriU mittee h(S app ~ ban an red(~'oc wttlb ~1e discussion abouthouus 8andtaxalkeitl leased n I'm Portland beg long piaY~ the a big Pore nob thtte ft When Z9tek idea. pukk attlon lady P the er to but the need would WWI a committee of the Metro t quick ac- he said- mattste cax~ with d;crent taxes ~oInCrtase lehotau• ~ otiey collect a small tax on No one should exc Peet WIWS vainq to tall have to deal lead tole in ttytmg ~ [tlj notbe as V eae red to at transacdon door Lion 'me tax idea tares more obsl has al outthe state. ons sup 'JM estate afloat than rite hulk St tlttougf' ion condnue8 at the tegl VL' no- t ie0on to build a fun uld ales in tied The idea of a av locally, eve live discuss use house U% W- the En Stages of a in t an beet, a hard se are used for ittee 10 inn new can reach Gordo at tgo rdo ~osdable housin& tae deals for of the New erCari s, the (;egislaturu this hough such taxes se in 37 coin mains a ental Ye thousing Ce'at p the o you ca pot stat ovenurient pu[po aces Ing ethuman 22t•811t orbya hsoy not aPPty to real a so it he w trot Y ouldattns ear perman banned any somefdm~ need- low Cwt housing, le t re endstec taxes by local y°m~ S intenthe and other advcte' unit' ent of Hews- uppra~ed t or less o f fttnd~ iiver@nm-- ° ban the legislative tact that the l tolne poll 11" ederal Department esd earn 60 ~ raise income. T'at costs tot people al, estate transfer see hope It and Urban tote than 31.000 gtori a m ents, onloc, real odationatMetroabout ing ushelp. have a source in dea1~ mpots £en scheduled to Builders Ass to talk~1tes that mote NEWS "We Ve g°e11e for housing estate taxes had l Washington tan Pomland is willing n* the idea. -Orem money sort„ who scvfes he next year. t tcom the this tegi° said Stele houstnR e s ta~c is exemp : on t+tetta s afford i( County t teClutlcal advisory commi tee the Apa"ment Published in association with: METRO Muflifomify Housing Association; Oregon Apartment Association; lREM; Clark County Rentol Association s f i II I HOUSING ASSOCIATION 1 Portland Apart "t ent xjW"" May React to WMIM ,&A "I t m aP-,&- rkic for at least the next 12 to 18 months. Owners should not expect another t year like 1996, when the average sales price per unit jumped almost 15 percent over the previous year F~,es.s-:sr and sellers were able to sell their i properties on the promise of upside in rents. That upside has already been realized in most properties and sellers' and buyers' assessments of ~ property values are finally beginning t- to meet. Therefore, more inventory R should come on the market at realis- tic prices for those investors looking to make a long-term investment in the Portland-Vancouver area. Reality of the Market After four quarters of little to no Many property owners, especially growth in rents, Portland-area apart- owners of properties with fewer than ment property owners may finally be 50 units, may not have understood realizing the truth about the market. until this quarter that the downturn it is flat now, has been flat for the in the market would affect not only last 18 months, and will remain so continued on page 13 y J Yi'-.~: ~t k f1 f. . 1. X r. fPl tiw r 1~{ x„ 1f^^ 1' '1.. ~~CdrQQ~ ~at ~1~9@Y0~ ~40~6@~ 1 of f . ,¢sti rv r `^4~n~r f 5.1 "i~y tif~ J... l~. Y.> nf'Ni~f bJJtf►pJ13'jMgB newer, class A properties, i interest rates are at an effect the largest percentage gain in but class B properties as historical low. Homes rents during 1998, averaging 2.4 per well. For those properties ® sold in the region last cent over 1997. that have had little change year at prices averaging (or a decrease) in income 4.6 percent higher than Sales Trends instead of the slight in 1997. The apprecia- Investment in the Portland- increase experienced by the tion rate had been Vancouver area from out-of-region RMb~Rii market overall, owners 'u{r above eight percent apartment buyers decreased signifi- must base the property's ,r s< s annually since 1994. cantly during 1998. Of properties value on current rents. Thus, more families selling for more than $500,000, just This is a conclusion that r.`. will be able to afford to eight were sold to buyers from out- many buyers (aad lenders) own in 1999 if the aver- side Oregon and Washington. Five came to a year ago. The age increase in home buyers already held property in the general consensus is that it prices continues to area, and Equity Residential's pur- will take another 18 to 24 INEW decline, hurting the chase of Portland Center accounted months for the market to enjoy a demand for apartments. for almost half the total investment resurgence. Owners may find that While most properties in the area of $100 million. Out-of-state buyers they are content to hold during this have seen little change over the last have accounted for an average of 35 period, but some may become con- six months, current vacancy figures percent of total dollar volume for the cerned about a continued loss of show that newly constructed proper- last four years. After more than fDur income and choose to sell to a more ties are still having a hard time filling years of heavy institutional activity, motivated owner. up, the average vacancy rising almost available class A inventory has two percentage points in six months, decreased and these buyers are eval- Marketing and Property to just below eight percent. Highest uating properties with more scrutiny Management submarket vacancies for these prop- due to changes in the Portland mar Many property owners have come critics can be found in Beaverton, ket. Total transaction volume for the to appreciate the value of proper Tigard / Tualatin / Wilsonville and region is down over 40 percent from property management in a highly Hillsboro. Outer Southeast/Gresham 1997, to $237 million. competitive environment such as has one of the lowest vacancy rates The average sales price for apart- Portland. Even owners of large, for new properties. ment properties with more than five well-located apartment complexes units was $44,863 per unit, 0.4 per- can be victims of the assumption that Rents cent higher than in 1997. Average good location and a well-kept lawn Average quoted rents have seen an price per unit for properties with 20 will fill up apartments. A vacancy increase of two percent over the past to 50 units was $38,979, and . problem can often be cured by a sim- 12 months. This can be misleading, $49,443 for properties of over 100 pie yet effective marketing plan that as many larger complexes and even units, a two percent decrease from combines strong advertising with some smaller buildings that are pro- 1997. Due to the continued flatness attentive management. fessionally marketed have had to of rents in the region, average price offer rent concessions to attract ten- per unit will most likely not increase Vacancy ants. These discounts, as much as greatly in 1999, showing a nominal The Portland-Vancouver MSA eight percent of one year's rent, one percent gain. However, as rents _ ended 1998 at 4.7 percent vacancy. lower a property's income while and investor interest fluctuate in dif- However, vacancy should increase attempting to maintain occupancy ferent submarkets of the region, steadily through the first half of rates. The average non-discounted owners in areas such as NW 1999 as the remnants of construction rent for the Portland-Vancouver area Portland, close-in Southeast and projects planned in 1997 hit the mar- was $650 per month in 1998. Beaverton may find prices increasin; ket. In fact, increases in stock will The highest average rents in the far above those of the region overall. boost vacancies upward over the next region can be found in areas such as couple of years. Also, single-family the Lake Oswego/West Linn submar- Submitted by home appreciation has slowed, while kets, class B properties were able to Marcus & Millichap vs....M•..: 4 Ir...• .!7 ,^r .i t _ _ . . III ON( M hom'es s ° so do. Philadelp ians'.nopes an urgent message: Your houses ash and cinders Residents had would not reimburse residents fc A city orders residents of an are smkmg into the ground and complained for years about their homes because the neighbor could collapse at any moment. You crooked floors and windows. The hood was built before the city ree .endangered street to move must evacuate-now. city buttressed several of the ulated. home construction. Resi uut, then says it isn't sure it Soon city-leased moving vans. homes, then determined two dents say their homeowner's in were riurrb ' down the narrow months ago that the *problem had surance policies will not cover th, can help them financially street and crews were hurriedly worsened. problem. By JOANN LOVIGLIO loading belongings. People scram- City and state officials are in- City Councilwoman Joan L Kra THE ASSOCIATED PRESS bled to pack; many cleaned and specting the site to determine jewski said she would. fight con swept out their homes before clos- whether sewer work done by the stnrction of a planned baseball sta PHILADELPHIA - For years, Ing the doors forever. city in 1996 worsened the problem dium if the city refuses to release people living in the row houses That was Friday. Since then, the The possibility came to light this any money. She is also lobbying fbi along Hegerman Street had com- displaced • residents'. disbelief has week after a resident produced a state and federal aid. plained of cracked walls and floors turned to anger at city officials who videotape he shot that shows Officials would not give cost esti- so slanted that doors would stick aren't sure whether they will pro- stream water flowing through a 30- mates, which will depend on hov and eggs would slide out of the fry- vide financial help. And neighbors foot trench dug by the crews. many houses are ultimately affect- ingpan. an adjacent street are waiting "There's at least some new evi- ed. for word on whether they will be dence that what the Water Depart- Inspectors are also assessing five Finally, last week the city came next to go. . • ment did may have exacerbated Devereaux Street homes, also built knocking on the doors of seven The homes were built in the the, problem," Mayor -BNwd G. over an old creek bed, to, de- homes in the blue-collar Northeast 1920s on top of old creek beds that Rendellsaid. temiine whether they must be Philadelphia neighborhood with were filled with a 21-foot layer of Rendell initially said $me ' dty evacuated. pi i~ J III November 15, 1999 To the members of the Tigard Planning Commission: My name is Trudy Knowles. I reside at 10430 SW 82nd street. I have lived in the Metzger area for the last 24 years. I have three children with the youngest now attending Tigard High School as a freshman. The other two live and work in the area. I moved into the area because of the home I chose to buy. It is on an oversized lot with lots of oak trees and wildlife that inhabits the area. It is also a very quiet neighborhood. It is a wonderful place to raise children. I particularly enjoy the country style atmosphere to my home even though I live in close proximity to the city of Portland with all its cultural advantages (theater, symphony, place and time to work.) I became involved in my community as my children were growing up. My husband and I became soccer coaches, girl scout leader, boy scout den committee members. I volunteered at the schools my children went to. Through these groups we were always looking for service projects. It was through the girl scout neighborhood that we cleaned up Fanno Creek and Ash Creek and stenciled storm drains and my daughters girl scout troop learned to take temperature readings of Ash Creek. The girls felt a real ownership and stewardship to their community. Through these endeavors the girls in the neighborhood won an award from Keep America Beautiful. This allowed five local girls to attend the award presentation in Washington D.C. What a thrill for them! The girls even helped safe local plants from extinction from the development of lots in the community. I became involved with the Washington Square Regional Center a year and a half ago through attending my local CPO meetings and the attending the first Open House in Sept. 1998 at Metzger El. School where I found out more about the proposed Regional Center. I decided at that time to attend on a regular basis the task force meetings to keep abreast of what was going to go on in my neighborhood and to provide input on behalf of myself and my neighbors. I was very concerned from the initial meeting when I was trying to find out from anyone and everyone why Washington Square was designated as a Regional Center to begin with. To date, I have never received a satisfactory answer. No one has even come close in attempting to. I came to the conclusion that it was some consultant or person who put a dot on a map and never bothered to ask the community members how they felt about it. I don't remember any survey or letter asking for my opinion about this. I even went to METRO itself to find out about it, through my bewilderment no one could answer it. I found it very ironic that looking through the minutes of JPAC and IMPACT from 1993-94 THAT NO ONE FROM THE CITY OF TIGARD WAS THERE IN THE INITIAL PLANNING. It was only recently that they became so interested in the planning of this Center. They must of realized how much revenue would be generated from this highly staged development. Only to the destruction of my viable and livable community. The local citizens of Metzger should have been included more in the process. My biggest concern is the widening of existing roads. I am adamantly opposed to the widening of all roads within this study: SW Greenberg Rd; SW Hall Blvd; SW Locust; SW Oak; and SW Hall Blvd. The widening of SW Greenberg Rd s was just done with MTSIP money a year and one half ago. There is a cemetery that should not be infringed upon plus many existing striving businesses. I am even more opposed to the widening of SW Hall Blvd. This road I use everyday going to and from the local businesses I patronized. I do not feel this is in the best interest of our community or even the businesses or home owners along this road. I can't imagine a five lane road dissecting my neighborhood. I am opposed to this plan for the following reasons: 1. I can't conceive patronizing the local businesses and finding no room to park or better yet not even having the businesses there since they were forced out of the neighborhood. 2. The possibility of businesses relocating due to lack of space for customers to park and the noise. 3. According to this plan, the whole idea was to provide friendly development and promote the livability of the neighborhood. But if this plan goes through as proposed it is going to have the opposite affect. It is not going to be friendly it is going to be detrimental and destructive. 4. The local homeowners will have no front yards and frontage due to the proposed widening of the road. They will have concrete barriers to contend with which will soften the noise from the increase traffic congestion. No one should have to contend with this. 5. The new businesses coming into the area have not been advised on what is going on in the neighborhood. They will have had no input on what is going to happen to them. What will they think when they are asked to sell their property to allow a wider road in front of them? 6. The new residential homes built have had major landscaping done to provide a peaceful and tranquil setting. But will now have a major road right in their backyard. I can't imagine being asked to give up their backyard for this. 7. The apartments that provide affordable housing will be impacted, too. They will have less room for their tenants to park. The increase traffic will make it harder for them to stay where they are. 8. Metzger Park which is a community pride and joy will be impacted, too. It is going to be adversely affected when the increased traffic will provide more noise and safety issues to contend with. It is suppose to be enhanced and preserved. I hope this will continue to be the case. 9. Ash Creek which parallels Hall Blvd. will be impacted greatly. It will become endangered due to traffic congestion and pollution. The animal habitat will be threatened due to the course of the creek being changed. When Hall Blvd. was widened between SW Locust and SW Oak several years ago, the creek was realigned. Is it going to have to be subject to this again? The creek deserves to be protected due to the Title 3, Goal 5 and the Endangered Species Act. The citizens have a right to a creek which provides serenity and beauty to the neighborhood. (especially those who have homes near it). The animals have a right to water and food. It should not be jeopardized. It is considered a creek just like Johnson Creek or Fanno Creek or any other creek in the metro area. 10. The increased traffic from commuters will dramatically impact the neighborhood. Commuters now use Hall Blvd. as a shortcut to traffic congestion from Highway 217 and Pacific Hwy. when they are clogged up. The proposed increase in traffic lanes will only promote traffic to come into the area versus staying on the major roads to travel. When Hall Blvd. becomes clogged, they will bypass it all by going on all existing residential roads causing it to be unsafe for myself and my neighbors. They will pose a 1 threat to walkers, bicycles and joggers on these residential roads. They will a speed through our neighborhood. There will be more potential for accidents to happen. I do not look forward to this prospect. 11. This proposal calls for a road to be considered to parallel Highway 217. I do not feel this is viable alternative considering it goes through the floodplain and wetlands. I don't want this to be considered an alternatwe to support SW Hall Blvd staying a 3 lane road. 12. This plan should be promoting alternative modes of transportation and encouraging these first. 13. I want my neighborhood to stay livable and safe and quiet. These proposals of widening the road will not do that. 14. Where is the funding for these projects going to come from? These proposals cost millions of dollars. The residents of Metzger should not have to endure the costs. The citizens of Tigard should not have to fund it. The citizens of Washington County should have to finance it. The state and federal governments do not have the money. I do not want a bond measure to be voted on to finance it. I do not want the federal government to be asked to fund it by a grant. I understand the city has already applied for the funding to occur for this proposal. I hope they are going to ask for citizen input before this is done behind citizens backs. Lastly, I do not want a sales tax or other special tax levied to support this. The citizens of Oregon have already shown they do not a sales tax in any way shape or form. 15. The local children should not be expect to cross a fine lane highway to get to and from school. There will not be sufficient time allowed to get them across the street safely. For the last few years, the elementary school has not provided a safety patrol person to help children cross this street. They can not get across safely now in the time allotted what will it be like then? This is an accident waiting to happen who is going to take the responsibility for this? The next major concern I have with this proposal is the lack of community and public involvement. The two open houses held were not adequate. They did not allow enough people to attend and be part of the process. The locations were not conducive to allowing as many people to attend as they should have. (especially Tigard Water District) The charts and consultants presentations were not easy to follow and read. When the task force did allow public input it was only five minutes before and five minutes after their meetings. Most of the time the task force members were arriving or leaving for the day and did not pay attention to what the public was saying. The task force members should have embraced what the community was saying instead it ignored it. Who knows better about their community then the citizens who live there? The task force members should have had meetings held which the public could actively be involve in and impact what was being proposed. It should have had workshops which involved active participation on everyone's part. When citizens feel they are part of the process, they are likely to endorse something better. This was not the case when the Washington Square Regional Center task force meetings was happening. I do not understand the fact that the consultants were running the meetings, controlling the meetings and how they manipulated the direction the task force was taking. The task force meetings were not held to parliamentary procedure. Instead it was run by consensus. How can you have a consensus when the meetings were not attended by all? A majority of the meetings were only attended by half the members of the appointed 25 could have been there. When consensus did occur, it was about 7 or 8 members who made the major decisions. How can this small of a group have such an impact on a project with monumental impact on a community? Most of these members do not live in the neighborhood, but think they know best what should happen here. I just want you to ponder this thought, if I was on a task force committee proposing changes for the Gateway area would I know what is best for them considering I don't even live in the area? I would think that the residents of Gateway would know what is best for them. I, also, find it very disasserting when information was given out to task force members and public that was contradictory. One publication would state one time and date and another one would state a different one. I personally put out notifications to my neighbors with the correct date and time. I am submitting my articles from the local newspapers and the flier I had made for the record. The development of the proposed Washington Square Regional Center should not be the single sole proposal the city is planning to put all the growth from the Metro 2040 plan. The city is large enough that other options should be addressed. Don't put the horse before the cart! Get a plan together that is going to be liked by all and that involves all. This proposal is ill conceived and totally non functional. It does not represent my neighborhood and the local homeowners or local businesses. To conclude, I do not want or support the Washington Square Regional Center Proposal. I do not feel SW Hall Blvd. should be widened. I do not feel we should be the recipient of this development in my neighborhood. Trudy Knowles PS. I would like the following documents to be included into the record. 1. article in Tigard Times (dated Feb. 11, 1999) 2. Open House advertisement (dated Feb. 25, 199) 3. Soapbox article (dated June 24, 199) -4. article in times (dated September 8, 1999) 5. Flier sent around the neighborhood (dated September 10, 199) Given out to 753 local citizens. 6. Copy of article in Current magazine of Columbia River Girl Scout Council (dated January 1991) II icir % mail residents to wide ' :Z 0 .;.Metro P" S fAetz UP nxiou 9 z GET lt4VOLVEO Plans to Widen T O on issuos ubllc workshoR egiontl The ProPosal includes and High" S There will bhp wRashington Square z Scholls ¢erry ~ OVer" m. on Monday 7, Hall, Greenhur~, a new surrounding 6:30 to B:3Water Building, 877 21?, as well as buildin9G4u1e~ard Center from rand . There Will co cept at way taurray March Be at the g is at7 ° ass and extending s W • Burnham S,?,a P UE1DAS presentatlon of draft design By KAE, HASTINGS-AAG p m, Iona! Center c0 Of the Times ton Square Reg s from 2 to 5 P-M-'-r t a~d4hird ® The Washington ® t.n -i4 etro proposal that calls for t1le' burg and task force me month at rho g ABCD A Boulevard and 8777 S.W. Burnham of every St. esda • widening o of Hall ve lanes each is drawing WWater Building, e, toads to fi veiled ed brae Scholls Ferry erager Tts• O o 1 criticism from Meng et Tom Kloster un develop etro Ptoject rnanag won in the fail, to region. Those sweets need to be expected growth;' . 1 M scheduled for ado Center task force a the Washington Square are C. 4;-) Washing ton' Square Regional task Kloster said. ro acts proposed in the M tlo b 217 F c O meeting. formed y pthe, long-,range P 1 widening Highway ua,ry was force es in the transpo~Uon plan include express lanes, building a meThers 26-9 at a e 3an mber aide inevitable cliwhich was with possible exp to Cascade 04 N officials tog region, owth WaShirigton 5q o 5 Tiger Square targeted for gr to six lanes, pss from ware Murray g O 04 w MetzgerlW ashington Metro as an area to five lanes plaza new over and extendin ' d of ..11 Boulevard business park, designated neigh- de Street. s~ •The widening ramatic change iri„ maid said Boulevard to G t the ost projects mean of life, The hitch, Kro ects are planned to be done O quality h ) funding s. Q borhood and in my q street Althoug reality is there's a major a who has lived off Souw lhsher husband before 2olo the , Z od 82nd Avenue for 2'i yews le islatnrs this Metzger for sho rtf o ter said a gas tax npassedding g 8 c~ option for these tJl and three chil ie ' and'I have lived de SO assionate be the only fu „My ears and that s why we're being inun- session may ment funds, or many yam' 11 of a sudden projects is develop l "Our only other hope > I about this area' All wait a minute," sTi sa a' as_ p " he said. ton Squese and we re y including g act fees, ici,ed the Washing School , dated ethers on the task force, believe the traffic impact Nicholson, Metro officials P~ Elementary ods west and south of tociate planner reasonable, area, which includes Metzger • roposals to widen area streets a,re five and all Metzger Haig ht regional centers m p averton' Hall and it narows to two lanes, Boulevard, as one of eight "in Be and it Harr Hall Part of I then you hit Metzger Nicholson said. 1998• resent a significant P o` ' l Regional centers rep has changed dramati this lan for long-term with no sidewalks or street lights • cally in I Metros 20Q ement growth concept o eand metropolitan ~arebabut we still have the same road system. in the opmeet a better standard growth manag need to bring these streets up to elan emphasizes refill and redevel o reasonable." area expanding the urban boundary' ca N 0) ~ think its extrem reedely owing as a over _ a %.4 •..a Kloster ag' Were growing d in "Change is inevitable. ° a o ~ t wow St ts ot in our ivMetzger`ffigard ntEvres the exist g . ood• iane n heavily travelebe.1, ® area is already the region : 'WOW* ositive, wall-thought + Commut a d Highwy into .2t7 to utilize There Ana Tonal imprnVemen` boxes are ®Apfrom 15 rofes§ional out transP RTP list that will (Editor's note: Soap the shopping center and p ro ects in the,, 0rtaUOna1 ns;fx . , businesses at Greenburg Read and . p 3 orn ppr readers mono=. greatly improtransp 1, moveme facilitate bus rider, nest opinio write one. g none is welcome to and a Y er resident westward should be routed to utilize e nt destri and an and 8bi41cy will is a Metzg Pacific Highway (92 ship, P , that Pat Whiting Cpp 4-M.) single,, -family residences an existing S W. Scholls and No. and vice c irwoman of many you round the corner Highway 21?, such as project li shting, cross .s s y is Park on and off ramps. rove sidewalks' i, riches on iciation al S.W. Greenburg integral Part of imp bus shelters and be an pleson, Cas- er Citizen Part P southward on Hall, there a new gall Boulevard is Trigs At Metzg _ ~ meeting, place Retirement Center, stretch of unit and should not be ' Greenburg, ets. nanization (CPC 4ley., a long this comm y Scholan neighborhood sire osition was taken apartment comp arrant tributary widened to a massive five lanes! , Cade and ional center 2, a p an imp 844 for a regional on Plan- Ash Creek Widening Southwest Hall from No. overdue. - to Durham to a five-lane project (e Regional would Transportati widen South of Fanno Creek an at dplai~n t a the As calls for Highway - area. Ad Greenburg projects th om Green - Creek Wetlan( od 1 street will further set a precedent of shuttle service Noa. I is long -5 .to U'S• west Hall Boulevard, from to five park. „ and not for the rovements from r Road to Durham jacent to Ash Creek is the toed travel through ca ach bu S community 7-acre Metzger Tigard/Metzger resident and smaller a6 addressing P a Dint lanes. y demand. ject No. 832 would be J on through this neigh- Tig proct between The R'I'P Project list ,as round 2, , As you go business communities that currently . 19981 w presented barhood on Hall, there are newly usi- ro e (}DOT and dated Nav. 20, Square gegional buildings , a storage function as a whole with PWashington County to create CBS' Washington . built office grocery Boulevard as a Community to the Was 'Hess area, several small connection ovetcrassin on Square . Center Task Force ,at the JAamo g~ the Pd office tor• to Washings area As local citizens and business Cade Plaza onthly neeting' stares and more propose 1.999, m the buildings. In the immediate we are Con- Shopping ;enter. many projects listed affecting o Projects care enters and owners in the area, improvements to the inteS on Metzger-Tigard area, RT P J _ there are several day- Cerned about the cost of the two Meg the famous Roy Boys business. nt traffic of flows under Hall million Pacific and Hall are ad 934 and 950 would ch' and exit'fistining at hat Southwest Hall Boulevard projects and would facilitate current others hbortO' Ash Creek fi directly a t total a projected $g among pact the neig 111vd., to the floodplain What will the needs' These projects transpoiu- businesses. nion, where there is a cost in 1999 dollars • from now Tonal The impact, in our opi cW , Hall and Oaks intersec- will help address local rbjects cted 4-`~aY cost be in five to 10 Years rimental' Other P • . newly constructed ested the Hall lion needs and and the from needs ~ea. These would be det l lion signal. As we go on toward when it is sugg will be com- , chat are geared to solve r'-910111 there are more Boulevard projects travel to this ortational needs involving Pacific Highway, we can support- uansp 2oni 1-5, Pacific High ay' single-family residences, a dental pleted? Hall Targeting Southwest Hall ` Highway ore apart- We support widening become a regional compltrailer paikt r!° complete three-lane, ex, Boulevard to bee the' widening Schalls Ferry Roads atively went complexes, Flowers by Donna, Boulevard to a cle paths on five-lane thoroughfare is , not and in n the ramps, etc., would not neg the plus sidewalks and bicy Wells Fargo Bank and the Safeway d rojects m lex. best interest of residents impact local communities arket co P Boulevard both sides of fiv-lane strard. We eet that r commin ~Ie unity local ~al Hall Boulevar P m all Bo to a i_ borhood businesses pojected . Widening Sy, H opposed TigardlMetzger would. Green- will negatively impact many bus'- Metzger area from es- to a five -lane would o ouruneigh_ hom , Ash Creek Road to Locust is already impact the livability traffic. This nesses, es, a park businessest burg such as boyhood with increased tablis ed itir t medical complex, the Health r-arK hospital, master Warren Tyler, is sponsored Tualatin, 335-3500. by Talley Presbyterian Church in ® Monday and Tuesday, March ,ar Raleigh Hills. 15 and 16, 1 to 5 p.m., Tigard K_ Among his accomplishments in Senior Center, Hall and Omara, the troop are the leadership positions 620-4613. eme of librarian, patrol leader, assistant ,d senior patrol leader and senior patrol Tuesday and Wednesday, the l~aa~~u and :L4, 8:3U a.m. to 12: 0 Arh leader. He has also earned the Order of the Arrow Brotherhood and p.m., Hillsboro Fire Department, ian received the Scout of the year 229th and Evergreen, 615-6633 or tent Award in 1997. 640-4066. no In addition to his scouting ac- Wednesday and Thursday, of tivities, Snider helps deliver meals March 24 and 25, 9 a.m. to 1 p.m., for the Meals on Wheels program. Summerfield Club House, 620-0131. He is a senior at Tigard High School a For more information, or infor- and a member of the National Honor Society. He plans to attend Califor- matron on other area classes, or to nia State University, Northridge, in sponsor a class, call toll free, the fall. 1-888-227-7669. ire ~ f n- C ® 1 Help Others get to a Better Place in Life. t would like to personall7ea it the residents of MetzgProgress area of BeavDonate your used auto,•boats, Capital Hill area to an Otrailers & motor ltoines... Monday, March 8 at tWater District from -5:3 ; . -.T • ' s,; - - p.ir. „regarding _ ,the % proposed Washington Square Regional Center.. Please come -'arid see • what'' is;'pro= Y0 tax-deductible eionadion posed for. 'die'area `and',what- rai'iifi=- ; s hi s-feetl_ clothe and shelter cations itthrill haV-e•-6tPV6u;=yrsur.fanY; . ou~Y} le-776 o~ne on, give em M1 `whic~;.y -7r' ily and the area ' in t .s +a L:~-;,{ c',. .?{t r~•- •d 3r1i:''•' Y o• X7.51;. ,,.^'Y •r,t}•ti r There are major plans .being farm, a ,g; t y ;:Y -05.94 lated for the region and It Is'impera t~ „ '9. I— tive-that'eveiyorie'become; nforrrieM { r, 1r„ Please soiine'ar d g 'VIA461ved-and lets 3: ~S°eo Po `~1 _ - ..tom fi r•S~'3~~!` lttt7r4Sk~,~~' c -y iti.~; • yours opinions me lcnowm?r': d A-6d ~b'YOI~leS - pmtland Coutactfi ' s ' Resident of Metzger area " ' " j " st, Vi to A9 . i:i;v:•: is i::i. }v::::::; ! 77 b 0 'IBM nity Wishes C, COMMU m Task force is ignorin the owner of this golf course in ` waros to say ' k . • udon'o v r bac uesns are t need to go full going to bend o l in tit that was being considered. these existing q es' to this proposal R aple who y paying. nc- 1 keep hearing from this commit- answered . They use the golf course do sa by' area to enjoy the huge oak tr uitk rth ees i en P tfie sq romote speed aheadhunwitillltensheyure have the a clear I wish the task force would wake up my back yaid. will SOAPBOX vent the tee that the market t vision whic , (Editor's note: Soapba.res are coons and bird's that freq whaiat is being done and the an what they are considering. area. i enjoy the quiet streets and avlability of money will determine livability of thisseneighborhood. guest opinions fro"[ one readers. walk in my neigh 1 hope the citizens in the Metzger and anyone is welcome to uri[e one. being able to what will happen, But if this is the Most of he members do not boyhood on a regular basis. wh is tfie city of Tigard live in the area, but they think they community will join us in writing Truth Knowles is a 'bfetzger resi- , Y letters to the task force members, dent.) If this task force gets its way and case, all its rezoning laws) Why know what is best for those who o Washington near the Ash Creek floodplains and o into ef- community leaders, wetlands; that all the streets stir- all the recommendations g is the city of Tigard so adamant telive lie with six a County Commissioners and Metro of us are willing They As an rounding the area -Highway 217, feet, I get to look forward to more about being such a strong pavid observer to the work less animal habitat and more a going on? Why is this story buildings in our back yard, that to make better, rational decisions being done by the Washington Greenburg Road, Schofls Ferry traffic, of everything o than just those of the consultants Square Regional Center, I am very Road, Locust, Oak and, lastly, Hall o {e congesting my community- committee ignoring the fact that the pe$[wion and the extra wide streets. that the city of Tigard has been perplexed about the direction it is Boulevard itself - should be made This task force has held two community wants to keep wetlands in ct for making it unsafe for our children ren to promoting. going. The task force is for a fictingnal wider. ublic forums to allow, people to floodplains and walk across the street tog to that we recommendations into a Also, this task force is making all the I really resent all this progress P future generations Tigard . many decisions that only part of its - school or visit their friends, draft to be given to the public, the being forced on a community that is these voice their views are beopinions,ing but to ignored. this ate After Also, why is the city of want the extra businesses and office membership attends. many or- city councils involved, the busi- being ignored about how they feel the meeti v beginning challenging the current land-use uildings, creating more people ganizations to which I belong a nesses and all the local land owners very little was done. The laws which will ensure the preserve b commuting into our neighborhood- uoumm needs to be present when in the immediate Metzger area most regarding the whole concept of the meeting at the eLY They even mink they can force q regional center. If I wanted to live in teas held. was held at Tigard tion of wildlife, especially the sal- major decisions are made. I hope I with second me rict which give them the affected. the downtown area of Portland, Water District Building, ition? Why does this committee feel the citof Potland to this w.11 be reviewed when final it has to have all the recommends- Prog decisions are made. [ This committee has decided that reverited many citizens from onth? maintenance They ress Golf Course to fulfill the space requirements. I'm sure the information from the consultants all the high riyand work ebuildirigs, and law no P - tending since there was no parking open doing all the research is to be sup ving there, l would have lions place by next m sieion. The coin- wildlife li available, so they left Even at that to wait until all the answers to ported with no oppo meeting the citizens had very little need in mittee is going ahead, stating that all moindeadrl moved to the Metzger the highest density should be on and o Citizens must attend. open house Sept. 15 Now that the Washington Square Regional Center Task Force finalized the proposal'for this center, I am urging all citizens of Metzger, Tigard, Beaverton, Progress and Portland to attend the Open House on Wednesday, Sept. 15, from 5:30 f to 8:30 p.m. at the Metzger Community Hall located in Metzger Park, 8400 S.W. Hemlock. The Washington Square Regional Center study area includes Washington Square Mall,-Lincoln j Towers, the Metzger areas west of S.W. Hall Blvd., the Progress Downs Golf Course, the Nimbus business area and the Fanno Creek/Ash Creek corridors. (Highway 217 is in the middle of all this.) . This proposal has many drastic changes attached to it. With this plan comes changes in.land-use zoning laws with regard to residential, businesses and commercial development. The traffic in the area will increase due to all major thoroughfares being converted into three or five lanes. The floodplain and wetland has been rezoned to accommodate the highest density to be on or near it. This will change the water surface problem in our area. This might have drastic • ' repercussions to the homeowners in the area. I truly urge every citizen within this study area to attend this open, house and voice your opinions and concerns about it. Please attend! This is your only chance before it s goes to the Tigard Planning Commission on Nov. 15 and the ! Tigard City Council sometime in December. I strongly urge every one to come to this meeting. r F L KU17Y KNOWLES. Tigard / ` , Est r: i'c• s ~yi~it°ner9 ~YJ. 1'v ~°.r~ ruj r ~ n ~r 1C w 1 i { i1. r' f ty 'fn J E ' !tJ.4'it^ '•f!5 Ott , y Y ~ tkt i C s r5 fir/ ~Cl yr htr1 f {,tt I ~ JS~n tar~pp l~ 7.. 1^~.f 11 J X r < JJ I r ~ .t 1/ ya i rfr tt 1 .~h 1 1r 11 k1 vll ~trS~t. 1~ 3 i r ~ t a, a~. fit ~ '"~e)) ~ > ~ ,r~f,9~ tyr ~t~'jirttrcr: rt a i .iv ~ r h a4>•t sa S r °j~~F~' .7? Y>. p _ r ( w ~l .1 ' A 4 h.1 « r ' C Y t t •v st3°~rtk rf r :1•'f :••.{Jt ~ 1 't~ ^4." vetd.lt®#hetigi h~}'it zr r. j10u .r.'1n ' J ~ i . J; r.t j .r' • :~M. !•I'j~i'f rV°1:.r,.: y*7j t ( •,~ti P J, t i f cl A i Y'p.t:}r^'l At "r'.hSr1/1~. r,J ' tt..r. ~^1 ~hy4 an♦♦ r ' r r ~ 44,y,~~a~`. ' e. h t;r '1!•, v J t ~'i+v.~,+yt~ 7t 1' ( rI ♦/.tf"Jt hy. •~w .,.3~,,:, "JI,~F 1, k14 k5. 1 r er t y > ° ~,.y .G~~a ~ 1 r ,fir ..Ir.r.✓lw. . ~ kxt~t t. tii:. rs~;t '•yt'C4ry+ t rl [ir-~Y rp. r. Xa+a ~r r S Y ~tr11-~`r rC'' ft J r r r. rte, f.• .J L~J IY t i7f~, S. THE, OE WASH1•IU ® C`TON ~ t'v "tl'ty7A SQUARE" F SEC I NAL CE NTE`R a , y pictures.and charts will be ®n~di la.. r . task force me' ber' will be,-there`,., WEDNESDAY, SEPTEMBER 15, 1999 METZGER PARK CLUBHOUSE, 3400 SW HEMLOCK ° 0..Ma a 3:30 P. r wF` L EAZ41113" E U40' a $ ' 'rus Anderson Nov. 15, 1999 9135 SW 90th Portland, OR 97223 Tigard Planning Commission Public Hearing: TOPIC: Zoning Ash Creek Wetlands: "PRESERVATIC" OR FLOOD DISASTERS`! " Where do we draw the lines in preventing potential flooding within the proximity of Ash Creek and the 23-Acre wetland and flood -lair.? The nrorosed himh- flensity development ;rives a clear siana.l to all. residents of Metzger of what we can look forwardto. It is taking a slice of precious solitude, a human sense of community pride, a. smell piece of nature's green space and a steady erosion of our Ash Creek Wetland. What can Metzger residents do to protect our gi?ality of life, what options do we have should serious flooding occur? Are preventive measures and plarni_ng under consideration to red.una flooding of adjacent business and residential properties, up and down Ash Creek run-off? I firmly believe the answers may lie in the hands of City officials and planning Staff, including land use regulations. The above concerns merits serious consideration on what effect it will bring down on fut,,v. -:sidents of "°etzger. We cannot afford the consequences based on any run=away planning. As the usual saying goes, "The best Layed Pl^n.s of Mice and Men, usually go astray". In my opinion, let's not create a scenario of "The Oklahoma Land Rush" which took place on April 22, 1889. Let's take careful consideration of any possible options for full preservation and protection of Ash Creek Wetland, other than "High Density development". Uhatever the outcome may b-., the residents of Aetzger will be watching with an open mind and. will not forget any consequences a.»'-sing from potential f7.r>>,9 damap.e to business and residential property in years to come should the proposeH. development become a reality. This concludes my presentation ber-:Ie this Public Hearing. Thank you for your kind attention. ~y_ I (a~lv~ City Council Tigard Oregon January 25, 2000 My name is Bill Brewer. I live at 11344 SW Ironwood Loop, Tigard, Oregon . I am an Associate Broker for a residential real estate firm and have been active in this area for the past 20 years . I have several issues with this project: First of all I do not believe the task force activities were adequately publicized. LCDC Goal One requires that plenty of publicity be given land use planning. I do not believe this occurred till the task force presented their findings to the planning commission last November. The public information provided about the smaller Town Centers such as Raleigh Hills and Cedar Mill is much better then that provided for the Washington Square Regional Center. I would have thought they would have had something somewhat close to the mailings the town centers had. Last year I attended more than a half dozen citizen meetings three of which involved Metro and I never came across anything referencing the intense development proposed for SW Nimbus. The comprehensive plan 2. 1.1 calls for notifying citizens within 500 feet of a development about any changes. The western portion of this study area is Fanno Creek which abuts the neighborhoods of Englewood, Black Bull and Windsor Park and I do not believe I ever received information about the task force hearings. I did receive a notice of the presentation of the task force to the planning commission which I assumed was prompted by my call to the planning department after reading about the plan in the Oregonian in November. I see the phrase "stakeholder" used by the compiler of the report to be `I_ Fp2opr . n. e n o4 in ;e nrnia~t 1'ut}' I do not see desciipudc of i~ vJii`to Yi3a`}/ haJ " Jtak ~h0 r anyone on this list who lives west of Hwy. 217 other then the Metro Councilor and Planning commission member who were representing their OMEN z~3 committees. There are many of us who have lived and worked in the area for the past twenty years I would consider us stakeholders. By the time I became aware of the plan the task force had already determined to recommend a change in zoning of the Nimbus Business Parks from IP to MUE 2 which would allow buildings heights to go from basically one story to 60 foot or six story buildings. At the planning commission presentation one developer was already asking that the MUE 2 zoning be amended to allow for 100 foot or 10 story buildings. I am opposed to the rezoning the area designated as District D, the area along Nimbus from Scholls Ferry to North Dakota from IP to MUE 2. Buildings of this height will loom over much of the Englewood, Black Bull and Windsor Park subdivisions. The comprehensive plan (12.3.1) states that IP zoning be buffered from residential areas to ensure privacy and the residential character of the area be preserved. The description of the Nimbus area now as a business park is very accurate. In the day the area provides thousands of jobs. In the evenings and weekends they truly are parks with a good variety of wildlife., peace and solitude. In fact those business parks contribute, far more to open space then the fenced in Progress Golf Course and they are more practical then the Crest Grove Cemetery which is included in the inventory of open space. Not only would buildings of this height create a visual problem but it would create an intolerable traffic situation. We can hardly pull out SW Scholls Ferry Road now. These proposed buildings may meet the Floor Area Ratios of the code but they need to be considered in view of the impact on traffic, and adjoining property values. The comprehensive plan 8.1.1 states that the city shall provide for a safe efficient street and roadway system. We don't have the money now to make it safe to walk down Gaarde, Walnut or 121 st let alone cross over Hwy. 217 to get to the Mall. These situations have existed for over twenty years. The Tigard Triangle proposed roads have still not been put in. Putting 8,000 J1- • &L. ill ^.,ty fi..Lh-r A-- de the q~,~ality of life. more ow in t..s area wi vau ll4l 14J1 414 sum I am also concerned about the loss of wet lard. This proposal starts us down a slippery slope.,,)ge know that it is possible to mitigate loss of wet land but is that fair to us ycm live here. It basically exports our open space to another part of the region. An example is the Murray Town Center at Scholls and Murray. They mitigated wet land by moving it three miles away to land owned by the city of Tigard. It may be argued that there was no loss of wet land but the area of Murray and Scholl0ow has less. The same thing can happen with Ash Creek or Fanno Creek. As I have sat in on the past three presentations I have heard nothing but praise among the participants of the task force. I can see why. They have a nice brochure and drawings but few of them have to live in the area involved. Conceivably we residents will be here long after they have gone on to other jobs. I ask you to look seriously at the ramification of this proposal. It is hard to criticize a plan you have paid this much for but this plan has flaws affecting the livability of Tigard. l~ Lill, 11 IN IS 1111111111 FOR AFFORDABLE HOUSING, INC. P.O. Box 23206 Tigard, OR 97281-3206 Tel: 503-968-2724 Fax: 503-598-8923 January 25, 2000 City Council Members City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear City Council Members: Community Partners for Affordable Housing, Inc. (CPAH) is pleased to have the opportunity to comment on the proposed Washington Square Regional Center Plan. The plan provides an excellent opportunity for our community to grow and develop "by choice rather than by chance." The plan's guiding principles are ones we can all embrace, including: "Retain and develop quality housing, including affordable housing, for all income levels." As with many of the plan's goals, it is unclear how we will achieve this, given the cost of land and existing housing in the regional center. CPAH is willing and ready to work together with the City towards the achievement of this important task. Your endorsement of the plan in February is an important step that is necessary for us to begin to work together on this and other goals. The 23 representatives who met 18+ times over the past few years are a diverse group. They engaged in lively debate, although a consensus process was used to reach agreement on key goals. Unfortunately, as is too often the case, the real debate is occurring after the task force concluded its work. The concerns expressed by those who oppose the plan are valid, and are the concerns we face throughout the region. They are by no means unique to the Washington Square area. Accommodating growth has become the Portland metropolitan region's toughest challenge during the past decade. Housing prices have escalated much more quickly than salaries, and the location of new housing development has not matched the location of i job growth. Hence the imbalance in jurisdictions such as Tigard, and in the Washington i Square area specifically. In data recently released by Metro, Tigard ranks third worst out of 24 local cities in the Portland area for jobs-housing balance. We have lots of lower-end jobs matched with lots of higher-end housing. In the Washington Square study area we currently have about 18,000 jobs and only about 2,300 housing units. Is there any question why we have transportation problems in this area? While the Washington Square Plan proposes higher residential densities than some other " ..,gl 1e sa.+.i the t I t T« uc a 'an,,.. ~ parts of Tigard, the plans are c.,e, .,X.. mengurate wi n regions such as t Central Business District-areas targeted for legitimate reasons. They boast concentrated employment and transportation options. They are close to services, such as the Senior Center and schools. It makes sense to plan for growth where growth can best be accommodated, and where market demand is the greatest. Community Partners for Affordable Housing, Inc. Page Two The U.S. Supreme Court has reiterated in many court cases involving local jurisdictions that you simply cannot outlaw growth (much as many of us might like to). U. S. citizens have a constitutional "right to travel" and settle where they please, and local Jurisdictions, such as Petaluma, California, who have tried to limit such development through moratoriums or minimum lot sizes have been soundly defeated. We may want to keep our community just as it is, but this simply will not happen. Whether or not a plan is adopted, the Washington Square area will continue to develop. We should seize the opportunity to guide growth rather than letting unbridled growth guide us. By implementing a Regional Center Plan with a balanced approach to jobs, housing, transportation and green space, we can more competitively apply for scarce public resources to pursue our vision for these components. Without such a plan, we are effectively limiting our chances of success, as CPAH found recently in a funding round for federal housing dollars. Until we have some land that is appropriately zoned in Tigard, our jobs-housing balance will remain at the bottom of the barrel. The Washington Square Plan notes that there are 17 acres of land available for residential development in the study area. In addition to the undeveloped land available for new construction, the plan contemplates some in-fill and accessory units. The latter two types of development can take place in a way that does not change the character of existing neighborhoods. There was ongoing and open discussion of where higher density/new construction made sense. It was encouraged in areas (such as Hall Boulevard) with access to transit. The reason is simple. If people can live near their work, they may not need a car. In downtown Portland, several new developments, including condominiums for sale, have absolutely no parking on-site. While CPAH is not likely to support development in the Tigard area with no associated parking, we certainly find that we are "over paved" at the two apartment complexes we operate in the Washington Square area. We are currently conducting a parking study to determine how many families have no car. It is certainly a higher number than we would have speculated when purchasing the complexes. We propose not to "over pave" future projects, but ask that storm drainage and green space are treated with high accord. CPAH has a keen interest in the Washington Square Plan for many reasons. First and foremost, we house 117 families (over 300 individuals) who are residents and employees in the study area (in one single family and two multifamily properties). We have invested over $1.5 million dollars in renovating these properties, and through Neighborhood Watch and other initiatives have had a positive impact in i improvin.- the quality of life in these neighborhoods. Prior io out ir,volvemnent,100th were owned by absentee landlords. I~I Community Partners for Affordable Housing, Inc. Page Three Secondly, we believe that at least a portion of the new units planned in the area must be affordable. This is a critical component of dealing with transportation problems. We have a deficit throughout Washington County of affordable units, but Tigard is by far the hardest hit. CPAH regularly updates its market research, which includes an inventory of all the multifamily complexes in the Tigard-Tualatin area. In a 1998 update, we were able to gather data from about 50 multifamily complexes in Tigard with a total of about 4,000 units. The majority of these are 2-bedroom units (2,215), with some 1-bedrooms (992), a few studios (61), and some 3-bedrooms (116). The universe of 3-bedroom units which is "affordable" to someone at 50-60% of the area median income, for example, is only about 50 units (that rent for $850 or less). There is seldom a vacancy among these 3-bedrooms. We simply must expand the universe of affordable housing in the Tigard area if we are to begin to address our transportation problems. While affordable units should not be concentrated in any one region, they should be planned to balance with job opportunities. The percentage of affordable units should be considerably higher in the Washington Square area than in other parts of town which are not walking distance to work for some 18,000 employees. Allowing employees the opportunity to live in the community in which they work stabilizes their commitment to family, the schools and the broader community. On a personal note, I live in the Garden Home area, contiguous to the Washington Square study area. Everyday my commute, by bike or car, takes me down 80a', Locust, and Hall Boulevard. I am personally and professionally pleased with the growth plan which I believe will be advantageous to "my neighborhood." We are completing a parallel planning process in Garden Home, with many of the same concerns. The plans we create will never please everyone, but they will allow us to move forward with a common vision-and to secure the resources we need to make our communities even better than they currently are. The planning process which guided the redevelopment of roads and retail in the Garden Home area significantly improved the quality of life for me, in accessing the recreation center, library and shopping opportunities. It is visually pleasing and takes into consideration bikers and pedestrians. Growth and change were a good thing, because of the many dedicated residents who helped guide it, and the public dollars which were attracted to implement it. I hope the City of Tigard takes the same opportunity to move forward, acting on the guiding principles which have been laid out by area residents and employers in the Washington Square Plan. Nothing worthwhile comes easily. Sincerely, fdc,c) Sheila Greenlaw-Fink Executive Director Affords le housing is there a ro e Affordable housing is getting Have you ever wondered why housing prices harder to find and rent have increased so much in the Portland metropolitan region during the past decade? A strong regional economy has brought many new residents to the area, causing the region's growth rate • Do you hope your children and grandchildren (2 percent a year) to be about twice the national rate can afford to buy or rent a home near you? during the past several years, This additional demand also has fueled housing price increases. • If you own your own home, could you afford to buy it today if you paid its current market Since 1990, the median cost of single-tarnily housing value? in the region has increased by about 100 percent. In the same period, the median household income (MFI1) • Could you afford to stay in your home if your increased by only 41 percent. 1-his is illustrated in the income was suddenly reduced due to illness, following graph: injury or layoff? Changes in housing prices vs. Having a home is one of they nwst fundamental household income in the Portland human needs. A home represents shelter, safety and metro region security. It's the place where we gather with family S180.000 and friends and retreat from outside cares. It's where $160.000. o a we do most of our living. 5140.000 . S120.000 . 5100.000 A home can be found in many different types of structures. The traditional single-family house comes seoo)o r to mind very rcadil}, but clearly other types of s60.o00 S40.ooo e o e o e o o s e housing meet the economic and lifestyle needs of our s20o00 diversifying population. Row houses, condominiums, So • manufactured houses, apartments and even house- 1990 1991 1992 1999 1994 1995 1996 1997 1998 1999 boats provide homes for people in our region. Source. US Department of Hnowm9 -d U,b- Development. Metro 1999 For most of us, the cost of housing is a major consid- Not, Mea,ao no-hold income it to, a famuy of foo, cration in the selection of our home. Many factors can affect the cost, including housing market demand, neighborhood amenities and character, vitality of the region's economy ;iuui the availability of housing by type within various price ranges. What is affordable housing? Throughout the 1990s, demand for housing in the Portland metropolitan region was strong due in large The United States Department of Housing and Winter 2000 part to a strong economy. Because of the economy, jobs Urban Development defines affordable housing as increased and the population in the region grew costing a household no more than 30 percent of rapidly. Sometimes jobs are located in communities its income. For renters, housing costs include rent that have limited affordable housing. A large portion and utilities. For homeowners, it includes prin- of a family's income is then spent getting to and from ciple, interest, taxes, property insurance and work. Additionally, the number of people in a house- mortgage insurance, if applicable. The American hold has been shrinking for the past 20 years as Housing Survey for the Portland metropolitan area children leave home, the population ages and more estimated that 36,800 households (82 percent) single households are created thus increasing the earning less than 30 percent of median house- demand for housing. Because of limited affordable hold income paid more than 30 percent of their housing, some people have no housing and many income for housing costs in 1995. people are purchasing more than they can afford. Printed on rcrvdrd- content paper, 20 percent p:rst- onts'tnuer waste. I MIMI 4 Who is trying to find affordable housing? Hoy~ze is The shortage ul AtorkLINC hou,int; affect, a Wide Yearly inannC S26,8S0 range tit 1't',IdCl11, - I,,II'Ilctll,Irl\' tur hOLISCIII,IIIs earning ( i7 pcrccnt of nu•tli;ul huusc•hold where the percent or IC„ of the'-(!(;coil', nutltan household income for tamily of three) ln,onle a, shown in the chart below. For a family of Monthiv income $2,240 heart is four in the region, the 1999 MCJian annual inconie .1',l, e ,lother witholdin!gs 740 \\as Si _,400. llnlitiCS SO ACCortlnlt; to c\nlt•rican I iousint; Surycy C"6111,11 ill Car payment 225 I99i, I89,D00 renter household, ISl percent) anti Gtr insurance 7S 21 1,800 homeowners 09 percent) tile( the regional I lcalth insurance 50 tlctioition of moderate or lo\y incontc (till to 120 Rent 560 l,crccnt of nlt'dian .Inntrll ulCIIIII •1. Remaining incolnc $507 I;t't\\'CCII N90 ,Intl 1997, the anu,uttt of llC,tlsrnt lien -Ken is it 92-ve:u-old widower affordable to lo\\cr-ulconu hotnCholth decreased while who rrceivrs $665 per month in Social the nulnbcr of holNChollls in lower incontc categories Security benefits. He lives in a nlcrcased. In other wort),, the ,apply has not kept np 6-1 subsidized apartment complex \atth dcrll.tlld. ) dCSIgI1Cd for older residents. IiC paps The scenarios $503 per month in rent and utilities. Sonya - sullowii a two- c Ben ha, publicly funded housekeeping described hctlroonl honlt• ill SouncL'a,t Portland Services and personal cave. Without here are real- t, ' \ ith her newborn haby and r,-year' thl, assistance, he would need to move to a care facility life examples old daughter. Shr IS on nl.tttrnit!' and lo,C hi, indepcndencc. Ic,lvc tram ,1 full-time job :I, a cilw of people in nl.ln,It cr at a nonprotit public Yearly Income .x7,980 our region detcndt•rs otflce specializing In 1 percent of median flottsehold who are Iuyerldc justice. Sonya earn, $2,350 income for a family of one) I,CI_ month al her doh ,Intl rccclycs Monthly' income $665 struggling in dhdd %tippoit for her older daughter. With a \lunthly rent and utilities .503 with housing house I,aynlent of 5-n4, eliild care and education Monthly insurance 15 affordabilit C-qhcnsrs it S600, health ul,urance for her baby at $260 y pvr month, Sonia has only S22I remaining for other ReM,iiuiu•,; meant, $147 C\hcnsC, nlclutling food. Molly - %iolly rents :t two- lr,lrl, In\omt 532.580 hedroom apartment in Clackamas 4,Cncnt of nudLln hon,chold uHllltV with her 16-year-old son. She In „int• Ior I.lnnh of Ihrce) r drives a school hus full time and yarns rougifly S 1,88.1 per month. \Iontlll ulcon r 52,-15 ± Because of the heavy burden of past lase,/other wuhuldnlgs 4i5 debt, \lolly is only able to make (RlhuCS 1 15 t•Itds meet through the subsidized l hdd c.lrc/C.lucanoll x,00 rent provided bo. Northwest Housing Alternatives. i (',It l,•It Hunt/iluurmice ;1111 XI,,I,It;atte/In,ur.lncc/t.I\ c, -64 Yearly incon)• $22,620 a I Ic.Ilth in,ur.lncr r,0 (53 percent of irn•di;ul household Rev amin x12I income for family of two) ,I Mike and Jenny - Nllkc and \IotlC{111' income N $ 1,8 85 . Jenny Are :I young married couple -faxes/other witholdings 467 Utilities 75 with a hahv who live in the Tigard Past hills and credit (tell( 71 1 area. Both Ivork In rct,nl sale,. Jhke 7 Car work, full 1,1111C. Jcnnc ]list I•cturncd insurance 60 to work part-tine I, a ca,hirr fora Health insurance 36 Item 231 del-1-tnicnr,tore.'iilgcthertileycartl nRerrii{t income $30i S26,8'40 ,11111u:Illy. Because of the Cost of child Care, they stagger their "stil„ithzed through Northwest 1 lousing Alternatives work shits„ t, that one or them can he home \\•ith the - hal Tht't•Imlly i, Oyer iI%olnc tin' any public benefits. Oilly the h,Ih\' has ntcdlcal lnstn',mcC. 2 Affordable /hat°s being done to improve the Technical Housing availability of affordable housing? Advisory Multnomah County u• \lcn'o (onncll created an ads t,t,rv eonnnittcc , ~,n1,l,tult;ot _'X rchrcu•nt,tticr, front local go~'crn- v~ ~ ~r : 11x111,, nunt,rntn and hn' I,rotIt dcceloper,, the brr,uu„and hn.tncl.tl colttmII)ut,..If(ordalilt- housint land-use ,ld Ite, and ICI,rcuntance, from the governors professionals utt,.c, t )rrgun I lousing and (:onununn~ ticrviec, ~v ` 141).1111111,111 ,111d the l-. ti. 1)rl'.IItrnen1 of I l III%ing and nn I I 1f l'1h.In Ihlclol,ntcnt. The ronuttittce 1, r.tllctl the nn ~r Nonprofit affordable \th'rdalhlc I lou,lug'Icchnrcal Advisory Corrtntittee nI I nI t housing provider - ,II-t.\(l. I II I Clackamas County rnnnnn r- Affordable Housing Technical JO J$QEIEIEITEI ❑ Nonprofit affordable Advisory Committee goal housing provider- Multnomah County I h(• (nnnlittce is charged with advising the .\teu'o a (lnno r1 on alh,rd,thlc housing ))OKies Mid strategic, I(n' the rrglon. tionta• of tltc urtttnuttcc I,roduets will Nonprofit affordable 111.111,1«• reconunended attordahlr housing goal, for housing provider- c.1111 Iorr,dlction ,Ind a Rc•gl(nIA Alf(woal,lc I lousing WashingtonCounty 11.111 that will cont.nn goal, and )bIcCtkeS nnl,Irrtu•ntation sreatcgtcs and tncthods of c1,11uating lnmi(n,cntarion..I hc,e go,ti, arc nltcndcd u, hrnvide a What types of strategies or tools J,1, r,.• ramie of ath,rdahlc hrtu,ntg Ihrl,tighout tl,c are being considered to address the For-profit housing 1, t;nn) Mlh every IIU'i,dictiotl ,haring in the respon,i- providers region's affordable housing needs? I.11it\. I hr ,unlnnttrc', prices, include, romntunln' ,,wf(.tch ihr(,u,,h,,m the process to get input front the h.1i 11, .mJ other Interested parties. Flue Affordable I Iousrltg-Icchnical :\dvi,orc t0i (:onunittee h.ts di\ ided tile nnu)v ptx,il)le strafe gtcs and ttu>IS to address ;)ffl)rdAlt)l' hoU,lltg 1111() Clackamas County Public Housing three cats;goirics: Authority Why is affordable housing a Cost-reduction strategies - dcvclohing regional issue? programmatic approachcs to address factors that increase the io,t Ot hou,tttg. Exat)lples could Multnomah County he livability of our region is direct) tr y include incentives to dc\•clopcrs, hermit process Public Housing -i:lected by the availability of a sufficient Authority incentives, fc•c a;tit•crs and land banking. r-Irnount of housing that's affordable. One aspect of livability is the ability of people of Regulatory strategies - devc1oping land-use .;:I income levels to have a variety of regulations outlined in the Reojmml I:r. m -m-k Washington County Public Housing ^ousing choices. Another aspect is the plan. F.zan,hlcs could include rcgiortal I'cpl;)Lc- Authority '~Ility of the elderly and young adults to n)cnt h()u>ing ordinance,, dellslt\- ),onus irlccn- live in the community where they spent tlves, urban growth houndan rt)nsidcr;tti(m, and their lives. inclusionarc zoning. City of Portland the Portland metropolitan region functions Regional funding strategies - deg eloping i as one housing market. People may live in options for rile regional funding of affordable Clackamas County ,-)lie part, work in another and shop in yet housing. I:.xam')Ics could include it d third part of the region. In some commu- possilIlC real e1t,tte transfer Ctz for _ nities, there may be limited housing affordattlc htu,ing or a Washin gton County options for the people who work there. regional acquisition Lund for ~ This means that workers must find transaffordah)r housing. (k1n portation from other parts of the region, Cities of Clackamas (using time and scarce resources while in County increasing congestion and pollution. n P Committee continued Cities of Multnomah County Chris Ldssen, Gresham Cities of Washington County David Lawrence, Hillsboro The decision-making process Metro planning that protects the nature of our region Metro Policy Advisory All Affordable Housing Technical Advisory Committee Committee and subcommittee meetings are open > Mayor Rob Drake, It's better to plan for growth than ignore it. Metro Beaverton to public. The public will have the opportunity to serves 1.3 million people who live in Clackamas, Financing institutions comment on preliminary strategies and on the Multnomah and Washington counties and the 24 David Summers, Bank of draft Regional Affordable Housing Strategy Plan. cities in the Portland metropolitan area. Metro America The plan will be reviewed by the Metro Policy provides transportation and land-use planning Margaret Nelson, Key Advisory Committee before it is submitted to the services and oversees regional garbage disposal Bank Metro Council in spring > 2000. and recycling and waste reduction programs. Residents of Metro manages regional arks and reens -tees affordable housing parks g P~ Dora Berry, Cascade and the Oregon Zoo and oversees the trade, AIDS Project Key tastes and products spectator and arts centers managed by the Metro- affordable housing • Recommend affordable housing goals for each Poiitan Exposition-Recreation Commission. Dana Brown, jurisdiction to the Metro Council and Metro Metro is governed by an executive officer, elected Community Alliance of Policy Advisory Committee. regionwide, and a seven-member council elected Tenants Residents of • Develop implementation strategies to provide by districts. An auditor, also elected regionwide, reviews Metro's operations. affordable housing jurisdictions with tools to achieve goals and to ,asha Harmon, encourage the development of additional Community Develop- Executive Officer - Mike Burton; Auditor - Alexis ment Network affordable housing, with consideration of both Dow, CPA; Metro Council - Presiding Officer - Business community land-use and non-land-use strategies. David Bragdon, District 7; Deputy Presiding and major employers • Recommend a Regional Affordable Housing Officer - Ed Washington, District 5> • Rod Park, Pat Ritz, Oregon Title Insurance Co Strategy Plan. District 1; Bill Atherton, District 2; Jon Kvistad, The Governor's Task District 3; Susan McLain, District 4; Rod Force on Aging (non- Monroe, District 6. voting) flow can 1 get involved? Alice Neely, Governor's Commission on Senior Services Call (503) 797-1858 or send an e-mail to Metro Regional services ubag@mctro.dst.or.us Oregon Housing and Creating livable communities Community Services . to be added to the Affordable Housing Department (non-voting) Technical Advisory Committee mailing list Vince Chiottr, Oregon Housing and Community • request a speaker Services Department • Irn'e a comment on what you think. Federal Housing Administration (non- voting) Tom Cusack, U.S Timeline Department of Housing and Urban Development • Public forums - April 2000 Metro Council liaison • Public hearing -Imlay 2000 Councilor Ed washngton • Draft Regional Affordable Housing Strategy to Metro Council -.June 2000 1999 - I0432 - CAtS 99608 ibtsm tl I J25~DO David Knowles PO Box 230275 Tigard, Oregon 97281 January 25, 2000 To the members of Tigard City Council: I would like to submit the following testimony regarding the proposed Washington Square Regional Center. I am definitely opposed to this plan. After looking over the implementation plan, I have the following questions: 1. How are the developers going to acquire the land? 2. What is the process for enforcing this plan? 3. What development is going where? Please consider this tesimony in your deliberations. Dave Knowles resident of Metzger area sill's January 25, 2000 Trudy Knowles PO Box 230275 Tigard, Oregon 97281 To the Members of City of Tigard Council: As a resident of the Metzger community, I would like to submit the following testimony tonight, January 25, 2000. 1 reside at 10430 SW 82nd St. I have lived there for the last 24 years. I have followed the proceedings of the Washington Square Regional Center and am very opposed to this development. The Washington Square Regional Center task force was sent forth to plan a Regional Center, a dream environment for the area. It envisioned providing jobs and housing for the future. Its dream was to provide a spectacular community for all to see.. Metro thought a community around the Washington Square would be ideal. Let's allow 950 new housing units provide jobs for some 8,000 people. The task force members who were led like sheep by the paid consultants and paid city staff decided to go for the gusto and provide 1500 housing units and over 9,00 jobs creating a bigger development. The consultants led the task force to increase traffic capacity by widening every single road leading into the area to five lanes. Let's ignore the community ideals and wants and make it the largest and most distinguished development in the Tri County area. To whose benefit is this development benefiting? To the task force members and paid consultants and paid city staff this was the most wonderful plan ever conceived. To them they could get away with the following: Let's forget what businesses are in the area and misplace them. Let's allow the highest density to occur right near the floodplains and wetlands. Let's allow the water surface problem and flooding to occur both upstream and downstream. Who cares where the water goes? Who cares what flooding will occur? It's not our problem as task force members, or paid city staff, or paid consultants? Our job is to just plan and move on. We won't be left with the implementation of this, or the constant problems relating to the actual building, the financing of it? Well, 1 beg to differ! This city council needs to rise to the occasion and say no to this plan. It needs to send this back to the staff and have them scale this back. The city council needs to have this plan reevaluated by having an environmental 7 impact study done to really determine what effects it will have on the community. I want to know the answers to these questions: 1. Does this plan really adhere to the T itie 3 guidelines"? 2. Does this plan really adhere to the Goal 5 goals being proposed by Metro? 3. Does this plan really adhere to the Endangered Species Act? 4. Is there a true need for this kind of development in this area? Is this the best use of this land? 5. Is there a need to increase every single road into the area? Why widen every road to allow more traffic flowing into the area? Why shouldn't we discourage traffic instead of promoting it. 6. What impact will all this high rise density and populations have on all the natural habitat? What impact will a five lane highway right next to Ash Creek have? 7. What is the cost to us as city council members willing to preserve in the event of a lawsuit when flooding occurs and someone files a law suit against the city 8. Does this plan adhere to the new 4D goals by the National Fish and Wildlife Service? I would just like to formally state I have some real reservations to the criteria said the city said they met by implementing this plan. My cause of concern is on Statewide Goals 1, 2, 10 and 12. 1 have questions regarding Policy 1.1.1a; 2. 1.1 and 6. 1.1 Most of these I have addressed in testimony prior to tonight. Trudy Knowles i i To: Washington Square Task Force & Tigard City Council - Subject: Metro Plan for the Washington Square Area Date: January 24, 2000 Gentlemen, I would like to comment on the information and data that I have seen relating to the Washington Square Task Force findings and recommendations for the Metro center. I have lived in the Metzger area for nearly 10 years. I have chosen to raise my two children there, both are attending Metzger elementary (1 st grade and 4th grade). I chose Metzger for its open spaces and "country feel", but am concerned that this will be lost with the current proposal for the Metro center. I attended two open forum meetings for the regional center proposal and provided input along with many other Metzger residents. Later, reading through the task force report and recommendations, it seems that much of our input was acknowledged, but not much action has been taken to support our position. Specifically, many folks in the area voiced concern about the east border and pushed for Greenberg, rather than Hall. Designating Hall as the Eastern border will likely uproot many single family homes and force people to move, this is especially true for the folks that live north of Locust, west of Hall and east of Greenburg - this is a large, single family residential area. I would ask the council to seriously consider our request to change the Eastern border from Hall Blvd. to Greenburg Road. In addition, the report is recommending that Hall Blvd. be improved to a 3 lane roadway (phase 1) with phase II taking it to a 5 lane roadway. Upgrading Hall to a 5 lane will likely push the small business owners out, further taking away from the quality of our neighborhood. It seems likely if funding is available, phase I may not happen and things will move right to phase II. This will increase the traffic and noise in the Metzger area and further degrade the livibility for near- by residential homes. My home is less than one block off Hall, if it becomes a 5 lane roadway, I will seriously consider moving my family to another area. I understand and agree with the need for change, its good for all of us when it's implemented properly. I hope that the council will have the foresight and courage to help guide this project in a manner consistent with the wants of the people and with regard for the preservation of the natural resources. Sincerely, - ick Moriniti Nick Moriniti 8355 SW Hemlock Street Tigard, Oregon 97223 Maceric Company "Wc NI uke (food TIt iit us If nppcit January 25, 2000 Mayor Jim Nicoli Members of the City Council City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 RE: Washington Square Regional Center Plan Dear Mayor Nicoli and Members of the City Council: I am the general manager of Washington Square and a member of the Washington Square Regional Center Plan Task Force. I applaud the work of staff, the consultant team and the other task force members and thank all concerned for the gracious consideration of my input during the process. I do, however, want to express (and have entered into the record) my concerns. These concerns are the same as those I have expressed on a regular basis to the task force members, to staff, to the consultant team, and to Metro officials during the process, and in other venues as well. A senior representative of The Macerich Company, owner and operator of Washington Square Shopping Center, and counsel representing Macerich will express related concerns in more detail. Do I feel this is a good plan? Yes, I feel it is as good a plan as could be formulated under the guidelines. It is those guidelines, however, that give rise to my concern. Metro's vision for the Regional Center concept and resulting guidelines are in stark contrast to the reality of what a major regional shopping center is, how it has evolved, and how it functions. More importantly, how it will function in the future. The notion that you can urbanize around a suburban shopping complex, without addressing the elements necessary to make a regional shopping center successful, is unrealistic and will only serve to slowly but surely decrease its viability. Washington Square • Square Too 9585 S.W. Washington Square Road a Portland, Oregon 97223 Mailing Address: P.O. Box 23635 • Tigard, Oregon 97281-3635 Telephone 503.639.8860 • Facsimile 503.620.5612 www.macerich.com Page 2 Mayor Jim Nicoli January 25, 2000 The basis for my conclusions and remarks is, I believe, much the same as the basis for concerns expressed by the City Planning Commission, as well as many other business leaders and City and County officials. That basis is the transportation piece of the puzzle. There are three segments of the transportation issue I . How will the funding for those improvements identified in the plan be derived? There is an extensive transportation segment of the plan - including everything from overpasses to people movers and bike/pedestrian considerations to street standards for parking lot roadways - for which there is no recognizable funding. In addition, the improvements identified in the plan are secondary to the most important transportation issue, which is the need for access to the center by automobiles from a very wide region. This access is paramount if the shopping center is to sustain its viability. 2. There is no recognition for the need to provide an increase in the capacity of the major roadway system serving the regional center. Without major road improvements, there will be no way to accommodate the increased traffic that will result. Funding in this arena is even more in questions and, it appears, will be for a long time to come. 3. It is questionable whether the public transit alternative will be able to serve the regional center adequately, now or in the future. As a member of the Transit Choices for Livability Committee, it became clear to me that Metro's vision for increased ridership of public transit in the foreseeable future is not achievable because transit cannot function effectively in a suburban setting. It is these issues that are causing more business leaders, City and County officials, and the public to question the feasibility of many aspects of the 2040 plan. And I believe it is these issues that you should keep in mind as you consider approval of the Washington Square Regional Center Plan. Thank you for your time and consideration. Sin y, ck F. e on, CSM/CMD General Manager JFR:crw -111 1: IN i 11 Jere W Retzer 5115 SW Alfred St Portland, OR 97219 January 25, 2000 Re: Washington Square Regional Center Plan Dear Mayor Nicoli and Tigard City Council: The following summarizes my testimony planned for the City Council. I am a co-founder of the Crestwood Headwaters Group and a director for the West Multnomah County Soil and Water Conservation District. For those who may not be aware, every county in Oregon has at least one SWCD. These special districts are created under Oregon law for the purpose of working with property owners and government entities for the conservation of natural resources. SWCD directors are elected by the public in general elections and are the only elected public officials in the state with duties focused solely on resource conservation. The Washington Square Regional Center plan that you are evaluating will have substantial impacts upon Ash Creek. Ash Creek is a major stream and a tributary of Fanno Creek. The headwaters of Ash Creek are in my neighborhood. My fellow headwaters group members and I consider it a valuable resource for the community and the environment. Members of my group recall catching cutthroat trout in Ash Creek near our homes not long ago and we have documented reports of steelhead trout in the creek. Just last year, Moon Shadow Park in Washington County was reported to have cutthroat trout returning to spawn. All these waters are upstream of the lower reach of Ash Creek that you are considering upzoning from the current 4.5 units per acre to over 50 units per acre. The protection and restoration of Ash Creek were primary reasons why we formed the Crestwood Headwaters Group. When I learned about the plans of the Washington Square Regional Center I joined with Fans of Fanno Creek, the Tualatin Riverkeepers, Portland Audubon Society and people from Tigard and Metzger to form the Ash Creek Coalition to try to ensure that the plan you adopt adequately protects this sensitive and valuable resource. I am very sad to say that the plan before you today does not provide the protections that we think are needed. The area that particularly concerns us is an approximately 23-acre floodplain and wetland area between Hall Blvd and Greenburg Rd, Oak St and Highway 217. Figure 1 from the Tigard Water Resources Overlay District shows the creek, wetland and buffer zones and Figure 2 from the Tigard Buildable Lands Map also shows the floodplain area. Both maps show water resources in blue and the floodplain is shown in green. Buildable lands, meaning currently vacant lands not in wetlands or floodplain are gray. Jill Ash Creek Water Resources Overlay District from the City of Tigard Wetlands and Stream Corridors Map Al- FAPUW Saba* W'abrQWWBLdW CClyc"Wad A=dkAa=d http:/lwww. ci.tigard. or. usIhTA.PS/wrod.pdf Figure 1. Ash Creek Water Resources Overlay District Everyone, including the task force consultants and city planner appear to agree that the creek and floodplain should be protected. Consider the following: ® Metro Title 3 and the Tigard Water Resource Overlay require protection e Ash Creek is a major fish-bearing and a water quality limited stream under the Clean Water Act and needs a full riparian buffer to protect/improve water quality; Tigard and USA are required to reduce pollution under the US Clean Water Act ® Tualatin and Fanno Creek have threatened steelhead trout that would be harmed by taking or degrading any riparian buffer or wetland in this reach. The National Marine Fisheries Service, or NMFS is proposing a rule that will require protection 200' around all streams and a buffer around all wetlands. Metro Goal 5 is expected to include the same recommendation. ® Ash Creek floodplain experiences regular flooding, which is expected to grow worse; USA projects peak storm runoff will increase by over 50% in 2040 because of upstream development. Any development in the floodplain would harm adjacent and downstream properties o USA has a proposed project in the Fanno Management Plan to use this area for flood storage and water quality; metro green space funds are available to support this acquisition if Tigard supports it Metro excluded this wetland/floodplain from the urban growth targets and consistently says floodplains, wetlands and streams should not be developed Ash Creek Wetland/Floodplain from the City of Tigard Buildable Lands Map 'J5 1`'.,y jt c ~ 3 E'kFLi•~•. ~tl vF n. 1. {Buildab~DUle Ladd ~ , { zy_ >'sa Y Va r X P *~zS ^ 4 L nds , ; f 1oodRains x,- '.:F ? e s Std • • ♦ clay Boundades ~y:r': i:1 Kk s • lOng City y . r F, y`~v sx4s http:l/www.ci.tigarcl.or.us/IdAPS/buildabl.pdf 20 Figure 2. Ash Creek Wetland in the Tigard Buildable Lands Map ® The Task Force report itself says development should preserve "open space, wetlands and floodplains" (page 18) and proposes a vision that highlights streams and wetlands as a community resource. ffm In spite of general agreement that these lands should be protected, the task force proposal targets its greatest zoning increase for this area based upon the apparent faith that Tigard development codes will protect these resources. An examination of Tigard codes however shows that this faith is misplaced and may cause the city to make a very unfortunate and costly mistake. While Tigard has implemented water resource areas in the code, including buffers as shown in Figure 1 the Community Development Code allows several exceptions that can be used to effectively circumvent the overlay district as well as Metro Title 3. It seems i especially likely that these exceptions will be requested in the event the land is upzoned as proposed. These allowable exceptions include: • TABLE 1£.797.2 allows local streets within the Water Resource Overlay District (WROD), reduction of setback and hardship variances to other codes as a Type II or type III Procedure • 18.797.100 allows riparian setback reductions by up to 67% in the event the applicant proves that the resource is degraded and proposes restoration of the remainder e 18.797.130 allows a variance "to allow reasonable economic use," if other provisions would result in an "unbuildable site" or in the event of "hardship" 6 18.797.140 allows a plan amendment option that can remove the WROD entirely either by showing that "the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource" or else that "the water resource site(s) no longer meet(s) the applicable significance threshold defined by Goal 5" It seems particularly likely that the exceptions for "reasonable economic use," to prevent "hardship" or "adverse economic consequences" will be requested and granted in the event that the upzoning is approved. Figure 3 illustrates the current zoning of the properties in this area. The yellow areas are currently zoned 4.5 units per acre and the purple areas are currently zoned commercial, CP. A number of these properties are very oddly shaped. The Washington Square Regional Center Plan proposes that these properties be upzoned to two new categories, MUEI and MURI. Both of these new categories carry a minimum density of 50 units per acre. Zoning of the Ash Creek Wetland/Floodplain from the Tigard Comprehensive Plan P Q P P " P P Figure 3. Current Comprehensive Plan Zoning of the Ash Creek Wetiand/Floudplain These same lot lines are also shown in Figures 1 and 2. If you examine Figure 2 you can see that the reason why we are so concerned is that 11 properties are either entirely or mostly within the water resource area or the floodplain. I have marked these properties with a circled "I"' in figures 2 and 3 with the annotation that these properties in particular should not be upzoned. Tigard code, paragraph 18.797.120 already allows a density transfer in the event that a property includes an area in the Water Resource Overlay District from the protected area to the area outside the overlay within the same lot. Under the current low density zoning several of the properties notably along the northern and eastern sides could be developed up to their full potential by allowing a density transfer and clustering the units outside the water resource area. If, on the other hand these properties are upzoned it will not be possible to develop even close to the full potential economic value of the property which will in turn argue much more strongly for an exception. Upzoning is a discretionary decision by the community that has the power to make a property much more valuable. No one has a property right to have his or her zoning density increased. They do, however have the right to expect that if the city approves a zoning change that they will be allowed to develop their property up to the economic potential represented by the new zone. By approving this upzoning Tigard will be setting itself up to either waive watershed protections or for a potential confrontation in court with the property owners which could be quite expensive for the city and its taxpayers. We've seen that current protections will dictate exceptions if these properties are upzoned. We also know that watershed protections will likely be increased in the near future as a result of the Endangered Species Act and Metro Goal 5 so an eventual confrontation seems very likely if the upzoning is approved. It seems nonsensical for the task force to argue on the one hand that these properties can be upzoned and on the other that they should be protected. Which is the desired end result? Since we all agree that these properties should be protected the sensible action would seem to be to keep the current zoning. Ideally, this wetland and floodplain should be restored for the environmental properties. We currently have flooding and water quality problems that would be lessened if these properties were restored and used for flood storage as proposed by the Unified Sewerage Agency. We would strongly support Metro support for acquisition for this purpose. Forested wetlands in good condition can store up to a million and a half gallons of floodwater per acre for slow release according to the US Fish and Wildlife Service. Wetlands also provide substantial water quality benefits and valuable habitat for fish. This won't happen, however if you approve this proposed upzoning. The task force proposal claims to includes incentives for protecting the environment. The proposed incentive is described on page 70 of the plan, which states "The Task Force strongly supports the protection standards include in the Water Resources Overlay District Additional incentives for enhancing natural resources along these corridors are proposed in zoning code amendments." These incentives, an amendment to city code 18.630.040 limits maximum density to 110% of minimum density unless the property owner improves the resources. This would allow 55 units per acre with no enhancement. You've already seen that it will not be possible to develop 11 of these propertied without substantial variances to the overlay district so it seems that this minimal incentive will likely not be effective or used. Finally, I would urge that you ensure that any and all development in the proposed regional center occur in a manner that is sensitive to existing neighborhoods. You should, in particular require that infrastructure improvements be timed so that the infrastructure is in place to support new development. This is allowed under Oregon Revised Statutes in the form of an "Infrastructure strategy." This will be particularly important to handle increased runoff in a manner that prevents flooding and pollution, as well as to maintain the livability of an area in transition. ank yo for your co s' ration, ere W Retzer ou h c Sri d of cd b Tele ert M d%- 1 M"a INT~RNETi IERYICBS frosir r e A OIIRAA0911.CON1 G6/11DO►Y (tdf6R for if~faj ek, TUM I AWGUM C nat~ H=g i ,s- e • • Sue Marshall <Sue.Marshall@tualatinriverkeepers.org> ® Unknown - Tue, 25 Jan 2000 16:51:45 -0800 • - Testimony Washington Square Regional Center Tualatin Riverkeepers 16340 SW Beef Bend Road Sherwood, OR 97140 January 25, 2000 Mayor Nicoli Tigard City Council 13125 SW Hall Blvd. Tigard, OR 97223 RE: Washington Square Regional Center Master Plan Dear Mayor Nicoli and Council Members: The Tualatin Riverkeepers is a citizen-based organization with over 700 members working to protect and restore the Tualatin River System. We are not able to attend the hearing tonight but submit these comments for the record and request that our time be given to Jere Retzer who has prepared in-depth comments on behalf of the Ash Creek Coalition for which the Tualatin Riverkeepers is a member. The Tualatin Riverkeepers concur with Mr. Retzer's testimony. The Tualatin Riverkeepers agree that it is good public policy to build up rather than out. We further agree with Metro position that the increase in density within the urban growth boundary should not come at the expense of natural resources. It is our position that the Washington Square Regional Center Master Plan in recommending an upzone of the wetland/floodplain area of Ash Creek will have a negative impact on water quality, local flooding, and fish and wildlife habitat. We oppose the Washington Square Regional Center Master Plan in its recommendation to upzone the wetland/floodplain of Ash Creek. Repeatedly we have requested consultation with resource agencies: Unified Sewerage Agency, Oregon Department of Fish and Wildlife, U.S. Army Corps of Engineers, U.S Fish & Wildlife Service, Oregon Department of Environmental Quality, Oregon Division of State Lands, and the National Marine Fisheries Service. City of Tigard Planning staff informed us that these agencies have been notified. Much more than a simple notifiction to comment, the agencies needed to be brought in during the planning process to help assure that natural resources were protected, upland alternatives were identified and flooding/stormwater issues were resolved. This proactive involvement would have assured the community that adequate consideration was being given to concerns about flooding, fish, and water quality. We perceive a resistance to this consultation that we do not understand. Given the lack of a comprehensive natural resource plan Lc,i a~,`:`^^~^^ 4 Square Regional Center, the Tualatin Riverkeepers believe that the best approach to protect the environmentally sensitive areas surrounding Ash Creek is to leave the zoning at 4.5units/acre for those properties within the wetland/floodplain. Maintaining a low- density designation allows for reasonable, appropriate development of these properties, including realistic density transfers within a single property without providing an economic incentive to build in areas better left undeveloped. We urge the Council to maintain the current zoning designation within the wetland/floodplain of Ash Creek and engage a taskforce made up of citizens and the above mentioned resource agencies to develop a comprehensive plan to protect and restore this natural resource. Thank you for you thoughtful consideration. Respectfully, Sue Marshall Public Policy Director Tualatin Riverkeepers Sue Marshall Public Policy Director Tualatin Riverkeepers 16340 SW Beef Bend Road Sherwood, OR 97140 Ph: (503) 590-7484 Fax: (503) 590-6702 www.tualatinriverkeepers.org Buy and sell eel stuff. , , , , 1 f JillTellez 9280 S.W. 80th Ave. Portland, OR 97223 January 25, 2000 ".DDITIONAL TESTIMONY FOR THE CITY COUNCIL/TIGARD WASHINGTON SQUARE REGIONAL CENTER PROPOSED PLAN My name is Jill Tellez. My address is 9280 S.W. 80th Ave., Portland, OR. I would like the following testimony to be included in the record. I am not opposed to planning for increased density into the year 2040. The proposed plan has some issues that need to be addressed, however, before it can be adopted. 1. The City of Tigard is basing this regional center plan on Metro's 2040 Plan, which was adopted in 1996. In the 1997 Urban Growth Report Update published by the Growth Management Services Department, on pg. 65, it states, "one of the significant changes to the updated 1997 UGR is the adjustment to the 2040 up zone factor. There is now no 2040 up-zone applied to neighborhoods and parks and open space lands. This change is consistent with preliminary compliance reports by local jurisdictions and with 2040 policies of concentrating growth in town centers and regional centers". (1997 Urban Growth Report Update, September, 1999). The format of this regional center plan is contingent upon the up zoning of the existing community. Without changing the zoning designations, this plan could not exist. To rely on the credo, "Metro made me do it", has no basis in fact. ("REASON. Free Minds. Free Markets. The New Urban Planning Nightmare", by Randal O'Toole, January, 1999, pg. 5). 2. The 2040 Plan was conceptualized by Peter Calthrope and John Fregonese. Peter Calthrope's opus was a high profile development in Sacramento, CA, called Laguna West, which went bankrupt for 60 million dollars in 1996. The developer who purchased the development from Bank of America (at a discount) after the bankruptcy had to change the specs of the development to conform to market driven standards. Now it looks like any other suburb in America. (Letter from Melvin Zucker, President, Yale Corporation, to Metro Councilor Don Morissette, April 10, 1996, pg. 4). This regional center plan is trying to employ mixed zoning designations which have never been used before. It is a gamble at best to invest taxpayer's dollars in something that has never been tried before. To put high density in a floodplain only exacerbates the high risk factor. Laguna West and the Beaverton Round are examples of the weaknesses of aggressive new urban growth concepts. Regional governments end up playing private lender with taxpayer dollars in desperate attemptso to salvage what's left of their project after it Aft fails. That is what gives them confidence to try a new concept in urban growth. There is great development incentive when this process holds the taxpayers, not the z [,7'10developers, financially responsible in the event of a financial downfall. a failed attempt at a development plan, the project's value plummets, and needs sold at a reduced price. For example, the land the Beaverton Round project is on evalued from $2.8 million, to $2 million. ("Relief in sight for Round's lienholders", e Oregonian, January 14, 2000). The fact that the density figures for this plan exceed what was initially projected, makes it that much more vulnerable to high cost recovery. The regional center plan goes contrary to the Metzger-Progress Community Plan adopted December 27,1983, Washington County. (1). Because the minority report was downplayed as much as possible, and the environmental, health and safety issues never got a fair shake at the table, I request that taxpayer dollars not be employed in any recovery process in the event of a bankruptcy. This regional center plan is slated toward the development and political interests that are directly involved. The community has nothing but destruction, increased density, increased pollution and degradation of our existing quality of life to look forward to. These include: 1. The destruction of a natural resource, the Ash Creels wetland/floodplain. This includes not only the destruction of wildlife habitat and compromising water quality for fish, but seriously endangers the health and safety of neighbors and new businesses and residents who are in the vicinity. 2. The razing of the existing residential community. The task force wants to employ a "redevelopment agency", which would further remove the residents and citizens from having any sort of power or voice in how their taxpayer dollars are spent. 3. Eventual widening of Hall Blvd. to 5 lanes. Accident reports consistently prove that pedestrian fatalities and accidents increase three-fold on arterial roads. When there is a church and an elementary school in the middle of the regional center boundary, this data needs to be seriously considered. (Annual ODOT accident report, 1998). 4. The vintage trees in the area will most certainly be destroyed to make way for new development. I request that there be a penalty for cutting down any mature trees. 5. No new parks plan. The city staff and planners are being deliberately vague in what exactly will transpire in the event that this plan is realized. Items that need disclosure are: Alk 1. What exactly are the businesses lined up for development? How are the planners going to employ these mixed-use designations? 2. Who are the developers and what are their track records? I Transparency overlays need to be provided to give a clear visual picture of the plan. 4. Scientific impact reports need to be provided by a non-biased third pay, reflecting the extra costs of stormwaier management, pollution impacts on endangered fish, and flooding projections on existing neighbors and potential businesses and residences. 5. Any scientific reports conducted in regards to this plan need to be brought forth now. The planners are failing to bear the burden of proof for the success of this high scale development. Because of the high risk nature and destructive aspects of this plan, I would ask that City Council members obtain the impact reports needed to calculate the exra costs to the taxpayers whose taxes will go up to support the massive new infrastructure needed to support this high-scale plan. Signed; illTellez - (1). Lots which include portions of the Ash Creek floodplain between Oak Street and Hwy 217 make up Area of-Sped al Concern 8. Development of structures and land divisions within this Area shall be planned and reviewed under the Master Planning- Planned Development (Type III) provisions of the Community Development Code. Because of the importance of trees and other natural vegetation to the wildlife habitat and scenery of the community, development shall be designed to minimize the area to be disturbed. No modification of the flood plain topography shall be permitted without detailed specific improvements to the wildlife habitat which have been prepared by a qualified wildlife biologist. Floodwater storage capacity shall be maintained. 1 Any proposed development for the portion of this site above the flood plain and adjacent to Hwy. 217 shall have access only from SW 39th Ave. and shall be effectively buffered from the traffic noise on Hwy 217. Master planning for the development on this site shall provide for open space for the non-buildable flood plain portion in cooperation with the appropriate parks/ open space managing agency, in order to preserve as much as practicable of this wetland along Ash Creek. encl: 1. 1997 Urban Growth Report Update, September 1999, pg. 65. 2. "REASON. Free Minds and Pree Markets, the New Urban Planning Nightmare", by Randal U i ooie, January, 1999. 3. Letter from Mel Zucker, President, Yale Corporation, to Metro Councilor Don Morisette, April 10, 1996. 4. "Relief in sight for Round's lien-holders", the Oregonian, January 14, 2000. 5. Annual ODOT Report, 1998. lands that are classified as vacant. All land 2040 Up-zone within the UGB is defined as vacant, developed, or partially vacant. The vacant One of the most significant changes to the acres become the basis for the gross updated 1997 UGR is the adjustment to the buildable land supply in the UGR. 2040 up-zone factor. There is now no 2040 up-zone applied to neighborhoods and parks Local Zoning Update and open space lands. This change is consistent with preliminary compliance The current zoning data layer has been reports by local jurisdictions and with 2040 updated to reflect local zoning changes policies of concentrating growth in town through May 1999. Zoning updates are centers and regional centers. received from local jurisdictions when the local government has formally adopted changes. The 1997 UGR was based on Summary comprehensive plan designations. Table 41 summarizes and explains the Standard Zoning Categories changes in each factor between the two The standard zoning categories that are used reports. to aggregate the region's different zoning The preceding items highlight the main classifications into comparable zoning differences by theme. categories have been refined. Additional zoning categories have been added to capture new zoning that implements 2040 Growth Concepts and to add more categories to refine the process. There are now 25 categories. Refreshed Data and Bap Refinements The 1999 UGR is an update (using 1998 data) of the 1997 UGR that is based on 1994 data. A number of data sets in RLIS have been refreshed as new information is available. The regional park coverage has been refined to include recent development of parks and additional lands classified as + parks, school playgrounds used as parks and bond measure purchases. Some local a jurisdictions have made tax lot mapping improvements that include re-mapping areas along rivers and water features and tying s platted subdivisions to global position points a to improve accuracy. i Urban Growth Report Update - September 1999 65 SIMMONS .11 IL mom VARL Free Minds and Free Markets" January 1995 EIMU t RK E N L E Tu"" L Lip PREREQUISITES FOR PROGRESS AND FREEDOM From the new book by Virginia Postre[ 0 i ttiiCt ."':1 THE NEW URBAN PLANNING NIGHTMARE By Randal O'Toole ` JOHN MCCAIN'S "PRINCIPLES" By Michae[ W. Lynch HOW LIMITED SHOULD i GOVERNMENT BE? By Richard A. Epstein -Ni 11 ENLIGHTENMENT BASHING, LEFT AND RIGHT a By Walter Olson $2.95/$3.50 CAN 01 high-density residential or commercial uses. Finally, Metro "Nee- Urbanism," the latest fad in plans to spend billions of dollars to build 100 miles of rail transit lines to free residents from their cars. urban planning, promises less traffic, Reduced congestion, better air quality, lower taues.No better air, and lower taxes...Here's. wonder Portland has gotten great national press and praise. . There's only one little problem: Metro's own data say the What it 'reall ~ delivers plan is doomed to failure. By Randal O'Toole Details, Details ' - Consider, for instance, Metro's bold, confident prediction • that its plan will double public transit usage. Since transit n 1992, residents of Portland, Oregon, were terri- currently carries less than 2.5 percent of Portland-area trips, fied that their growing city was fast becoming the doubling that doesn't get you very far toward a car-free Pacific Northwest's version of Los Angeles-as they utopia. Similarly, Metro expects at best a modest decline saw it, a congested, polluted city with too many cars in auto usage, from 92 percent of urban trips to 88 percent. IL and too little sense of community. The threat was in fact, given the 75 percent population increase the, Metro considered so serious'that a traditional anti-growth re- predicts over 50 years, that translates into five cars driving sponse-a tough, comprehensive land-use plan limited to around for every three cars today. Accordingly, planners the actual city boundaries-wasn't enough. To prevent the estimate that traffic congestion will triple or quadruple and paving of Portland, area voters signed off on the creation that air pollution will increase. of Metro, a regional planning authority with dictatorial Then there's the tax question. Metro wants to pay for land-use planning powers over 24 cities and three coun- the rail lines it says will lure people out of autos by adding ties. billions of dollars to local property taxes. And to promote To hear Metro boosters describe it, Portland-area resi- high-density development in an area already glutted with dents can now rest easy. The concrete landscape of South- apartments, Portland and other area cities are giving de- ern California won't be copied any time soon in the Bea- velopers millions of dollars in tax breaks and other subsidies ver State. Far from it. Though Metro's experts predict that that will ultimately come out of residents' pockets. Mean- the region's population will grow by 75 percent in the next while, housing prices are skyrocketing because of the ar- I few decades, the agency has a plan that will accommodate tificial land shortage created by the urban growth boundary, these newcomers while promoting 'livable neighbor- giving Portland the least affordable housing in the nation hoods,' "protecting open space,' "reducing dependence after only San Francisco. on the automobile,' and maintaining "affordable housing° Oh, and there's one more thing. Remember how Metro and lower infrastructure costs. All in all, an idyllic pack- was supposed to save Portland from becoming Oregon's age: better neighborhoods, pedestrian-friendly streets, answer to L.A.? In 1994, Metro planners studied the na- cheaper housing, and lower taxes. lion's 50 largest urban areas to see which one was closest What will it take to reach such goals? Only the com- to the future they envisioned for Portland--one with higher munity's desire--as codified in Metro's planning and zon- population densities and fewer roads. It turned out that the ing laws---to squeeze more people and more businesses into metropolitan are"efined as all of the land in and around I smaller spaces under tighter regulatory control. Metro's a city whose population density exceeds 1,000 people per regional plan restricts development outside of an urban square mile--with the highest population density also had b growth boundary that allows only a 6 percent expansion the fewest miles of freeway per capita. Its name: Los An- of the urbanized area for at least two decades. The plan also geles. While the city of Los Angeles proper has a lower den- doubles or triples the population density of many neigh- sity than New York City, the Los Angeles metro area is -~l borhoods by rezoning them to require apartments, row nearly one-third denser than the New York metro area, i houses, or other high-density housing whenever new con- which includes-among other places--northeastern New struction is undertaken. Jersey and Long Island. Far from being the incarnation of IAM c: Additionally, Metro sets strict population targets for evil, auto-dependent sprawl, L.A. was the model to emu- each of the 24 cities and three counties under its domin- late. ' ion, forcing them to convert 10,000 acres of prime farm- To their credit, Metro planners did fess up to this un- lands, golf courses, city parks, and other open spaces to expected and uncomfortable finding, daring to write, "With i REASON - 1ANUARY 1999 such as narrow streets, parking limits, roadway barriers, and Indeed, they are the predietable,•inevitable, and often intended zoning codes that require shopping malls to turn their parking consequences of New Urbanist plans. ts Into apartments. There may also be rules requiring employ- Consider the New Urbanist claim that increased population to write up plans to reduce workers' auto commuting.. density will reduce traffic congestion. The idea makes some is A focus on hugely expensive-and hugely ineffective-rail intuitive sense: If people are closer to one another, to jobs, and transit to the exclusion of highway construction or expansion. to shopping, they won't need to drive so much to get to their New Urbanists firmly believe they can change people's be- destinations. But the reality is that while higher population havior by redesigning the cities in which they live. That's not an density may slightly reduce per capita driving, it vastly increases indefensible notion, but it's not as easy as it sounds. Consider congestion and pollution. Say, for instance, that doubling density' the fate of Laguna West, a widely touted Sacramento suburb reduces per capita driving by 10 percent. Two hundred percent designed by California architect and New Urban guru' Peter as many people each driving 90 percent as much results in 180 Calthorpe. Calthorpe thinks suburbanites suffer from a "sense percent as many cars. Unless the road network is expanded by of frustration and placelessness." To fix this, he designs what he 80 percent-which New Urbanists would oppose-80 percent calls "pedestrian pockets" or "transit-oriented developments" more traffic produces a huge increase in congestion. that plug people into where they live. Real-world experience suggests that 10 percent less per capita As envisioned by Calthorpe, Laguna West would have con- driving with a doubling of density is about the best that can sisted of a "transit center" surrounded by high-density apart- be expected. In fact, it may be overly optimistic. What's more, meats and condominiums. A ring of single-family homes on Census Bureau and Federal Highway Administration data show small lots would surround the high-density core. Scattered little correlation between density and the number of miles people throughout would be stores, offices, and other commercial uses. drive. The Miami, Ft. Lauderdale, and West Palm Beach met- Most people would be able to walk to shopping, and many would ropolitan areas all cover about the same number of square miles. be able to walk to work or the transit center. Miami has twice the density of West Palm Beach, and per capita But Laguna West was a financial failure. No one wanted to driving is indeed about 10 percent less in Miami. But residents live in the high-density area, and as a result its developer went of Ft. Lauderdale, whose density is halfway between those of bankrupt. Instead, a new builder put low-density housing in the Miami and West Palm Beach, drive more than residents of both core. While those houses were actually salable, their presence areas. also meant that most transit riders had to drive to the transit cen- In Portland, planners have used a sophisticated computer t Oter. Since Calthorpe provided no parking at the transit center, model to predict the effects of their plans on driving habits. drivers parked in front of other people's homes. The home- Under their most optimistic scenarios, by the year 2040, auto owners objected and successfully lobbied to have the transit use will drop from 92 percent of all area trips to 88 percent. Since center moved outside of the development. Meanwhile, residents planners assume a 75 percent increase in population, this trans- do all of their shopping at a conventional strip mall outside the lates to a massive expansion in traffic and congestion-they development. The only commercial use inside Laguna West- figure three to four times the current number of congested road a quick oil-change joint-hardly testifies to people's decreased miles. dependence on the auto. But that's OK, say Metro officials in one of their we've-got- If it's hard to design a successful suburb from scratch, it's that to-destroy-the-village-in-order-save-it moments, because eon- much more difficult to shift residents from already established gestion actually "signals positive urban development." Indeed, patterns of land use and behavior. But urban planners all over though they rarely talk about it in public, a major short-term the country are trying to impose New Urban ideals on existing New Urbanist goal is to increase, not reduce, congestion. After suburbs and cities. Metro even hired Calthorpe to show them all, clogged, slow-moving traffic might encourage a few people how pedestrian pockets and trartsit-oriented developments could to get out of their cars, while punishing those who do not. be scattered throughout the Portland area. Minnesota's Twin Cities Metropolitan Council takes a similar view of increased congestion. In addition to planning the Min- neapolis-St. Paul region, the council runs the area's public transit Congestion as "Positive Urban Development" system. Bus ridership has declined by 40 percent in the past 25 The vision of a place where people walk to the grocery store and years, while highway traffic has greatly increased, with further take the train to work certainly has its charms. But far from increases projected. So what does the Metropolitan Council plan delivering urban zones from the curse of "auto-dependent" to do? Build no more roads for at least 20 years. The council lifestyles, New Urbanist policies have consistently led to signifi- wants to promote ridership on its buses by increasing high wray cant increases in highway congestion; deteriorating air quality congestion to intolerable levels. "As traffic congestion builds," (because autos pollute more in slow-moving, congested traffic); says the council's Transportation Plan, "alternative travel modes dramatic infrastructure shortfalls as sewer, water, schools, and will become more attractive." Of course, as congestion builds, other systems designed for low-density cities must be rebuilt for alternative places to live will become more attractive too. higher densities; rapidly increasing housing prices as land be- If New Urbanist attitudes toward traffic congestion are comes scarce; and disappearing urban open spaces such as parks muddled-they seek to alleviate traffic congestion by incre2s- and golf courses as developers turn them into residential and ing it-their attitudes toward commuting arc no less contomd. other developments. Such negative outcomes are not accidental. As with the assumed relationship between density and miles REASON • 1.\NLIAR ' 1999 2 47 1=11111~N 10111111111 pill ills, .71 , ~ .fat „ • • ~t'• OEM own J~ Mi. T ' I w r . r• e s WALK OF LIFE: Supporters point to Portland's Northwest 23rd Avenue (above) as a good example of how the New Urbanism "succeeds." There, planners say, people are learning to walk more. That's true, largely be- cause they can't find a place to park that's less than a 10-minute walk from their destination. for a quart of milk or sic-pack of beer. But most people will do This success is all the more remarkable given the manifest and most of their shopping where choices are greater and costs are widely recognized failure of grand, utopian planning schemes. lower-which means that they will shop by car. As Jane Jacobs' The Death and Life of Great American Cities In spite of New Urbanist claims, such residential and retailing (1961) shoved, the urban renewal movement in the 1950s and mobility hasn't led to unchecked sprawl. According to the U.S. '60s destroyed living communities and replaced them with sterile Department of Agriculture, more than 95 percent of the lower monuments to human arrogance. In Nowhere to Go (1988), 48 states remains undeveloped. In fact, the vast majority of Fuller Torrence credibly blames much of the homeless problem Americans live in the less than 3 percent of the country that is on planners who demolished the low-income apartments where urbanized (defined by the Census Bureau as more than 1,000 many of these people lived. Planners also created many of the people per square mile). The only open spaces that are truly public housing disasters of the past few decades. The history of 4 threatened are golf courses, u-pick farms, and large suburban urban planning is a lesson in the law of unintended conse- backyards. All are targeted by.New Urbanists for "infill" devel- quences. Q opment. Portland is even selling park lands at discount prices How do the New Urbanists respond to the failure of their to entice developers into building high-density apartments. forebears? They not only admit that past planners made mistakes, -1 they themselves blame most urban ills on previous generations .4 of planners. Their perverse, if savvy, solution is to give planners The Congestion Coalition more power, so they can correct past mistakes through even Despite its theoretical and practical failings, the New Urbanism stronger rules and regulations. is quietly sweeping the nation. Portland's Metro recently passed New Urbanist supporters include planners, environmental- the must restrictive plan ever adopted for a U.S. city. The leg- ists, federal bureaucrats, central city officials, downtown busi- islatureself Maryland, Minnesota, and Washington have enacted nesses, and construction companies. Their motivations range "smart growth" or "growth management" laws, both New Ur- from idealism to economic self-interest, but all have a stake in banist euphemisms. Pressure groups in Denver. Phoenix, .lulu- maintaining; or rebuilding tightly lacked urban cures. Together, 'wP yuerclue. Tampa, and tither cities are demanding and getting they also have the clout to get things .lone. New Urbanist plans for their communities. It vote live in.1 met- Planners and environmentalists are among the idealists in ropolitan area. your city planning; hureau is l•roll.thly infested what can be dubbed the "ctmgCo."6011 Coalition." Recognizing That with New Urbanists. traffic cotwestiot1 is one ell the mait,r concerns to urban roiidents, T Itl~.\~11tV 1.\~1'.\Itl' I.1'1'~ their tax base by packing more residents into their jurisdictions, member of the congestion coalition: the civil construction in- nd some even asked for higher ones. But when neighborhoods dustry. With the Interstate Highway System effectively com- bject to being rezoned, they are told, "We don't have a choice. pleted and strong resistance to new roads in the cities, the con- Metro is making us do IL" struction industry has been looking for work. What better op- The turn to MPOs is a godsend especially to officials in large portunity exists than to rebuild the rail systems that moved ur- eities seeking to consolidate, if not increase, their power, which banites in the pre-automobile age? has been on the wane for most of the postwar period. Since 1950, New Urbanists spuriously claim that light rail is more effi- nearly all urban growth has been outside big cities. That mas- cient than highways. For the construction industry, the attraction Give population shift toward suburbs and mid-size cities has of rail systems is that they cost much more to build than high. made it tougher for traditional central cities to generate tax ways. A typical urban freeway costs about $5 million to $10 mil- revenue and to qualify for pork-barrel spending tied to popu- lion per lane-mile, or $20 million io $40 million per mile of four- lation. The MPOs change all that. lane road. By comparison, Portland just opened a new light-rail Because of its relative size, the strongest player in any MPO line that cost $55 million per mile-and is planning a new line is invariably the largest city in the region. The MPO gives such that will cost a whopping $100 million per mile. (That neither cities an instrument to redirect development dollars their way of these lines will carry as many people as a single freeway lane and to get revenge on the suburbs (tellingly characterized as is the sort of consideration that never seems to make it onto the "godawful trash" by one Portland City Council member). The planner's ledger sheet.) same holds true for downtown business interests: Like their Light rail isn't always as expensive as in Portland, but its costs public-sector counterparts, they resent the shopping malls, office when finished are almost always far greater than when originally campuses, and modern factories that have grown up in the sub- proposed. For the construction industry, then, rail is not only urbs. For central city officials and businesses, then, the New Ur- less controversial than highways. Because of typical cost over- ! banism represents the latest ploy to maintain their way of life. runs and "gold-plating," rail adds up to huge profits for a wide Of course, it's unlikely it will succeed any more than the variety of consulting, engineering, and building firms. billions of federal and local dollars already spent trying to main- Light rail does nothing to reduce congestion; in fact, because tain particular urban areas. The problem with most central cities most transit systems sacrifice more-popular bus routes once they i is that they were built in an age when primitive transportation introduce less-popular trains, it typically increases congestion. and communications dictated high densities; people had to live But that is not the construction industry's concern. So long as near one another. The "decline" of cities that officials worry so New Urban interests can channel money toward rail, the con- ' much about is due to the fact that cars, telephones, and electricity struction industry will be only too happy to finance the political make it possible for people to live in lower densities-and most campaigns of New Urbanist city officials and any ballot mea- l choose to do so. sures that might be required to obtain local rail funding. 1 Fretting over urban "decline" is misguided in another sense ? too. Downtown interests, argues Joel Garreau in the brilliant Edge City (1991), "believe settlement patterns to be a zero-sum The Metro Dilemma game": Any gain in the suburbs represents a loss for downtown. Given the strength of the congestion coalition, it's no surprise Yet Garreau notes that even as suburbs have boomed, Ameri- that the New Urbanism has gotten as far as it has. While the can "downtowns have been going through their most striking movement has visible critics--including Joel Garreau, Peter Gor- revivals of this century. From coast to coast... downtowns are don of the University of Southern California, and John Charles flourishing." of the Portland-based Cascade Policy Institute-sometimes it j To be sure, most recent downtown growth has been in the seems as if it is an unstoppable civic juggernaut. Beyond under- areas of arts and entertainment. This fails to impress downtown scoring its inconsistencies and misrepresentations, one way of traditionalists, who still think downtowns should be the main challenging the New Urbanism is to recognize its place in the i retail and commercial centers of a city. So New Urbanist pre- urban planning tradition. scriptions, such as limits on new shopping malls and parking re- Far from being the "scientific" and "rigorous" school of strictioris in existing malls, are appealing to downtown busi- thought its proponents claim, the New Urbanism is best under- nesses. If new stores can't open in the suburbs, goes this line of stood as simply the latest attempt by planners to pass narrow, y thought, they'll have to set up shop downtown. essentially moral judgments on American cities. Beginning with Such zero-sum thinking undergirds what is perhaps the de- the "City Beautiful" movement in the late 19th century, plan- fining characteristic of the New Urbanism: an undying rever- tiers believed that good design would lead to a "new urban man" ence for light-rail networks. Central city officials and downtown who would be a morally upright member of the community. interests know that, if transportation dollars go into highways, Given the proper architectural circumstances, planners theo- they will be spent in the suburbs, where most growth is taking rized, urban residents would work hard and not turn to crime: place. But if those funds are spent on a rail transit system, the social ills such as drunkenness would disappear. vast majority will be spent in the central city because most, if not Early land-use planners believed that the crowded, dirty cities all, rail lines will radiate from a downtown. where houses were mingled with factoric-i and commercial uses Light rail not only restores to downtown sonic of its former should be replaced by low-density residential areas separated centrality, it represents a huge perk-barrel project for the fifth from ether uses. There, workers would be free front .aril/ trans- YALE CORPORATION 27X2 N.W. P-%MAV DRIVE PORTLAND. OREGON 97229.4205 FROMM TELEPHONE (SO3) 292-0.741 FAX (SO3) 29i-2361 April 10, 1996 Mr. Don Morissette, Metro Councilor 5000 SW Meadows, Ste. 151 Lake Oswego, OR 97035 Re: Expanding Horizons - Managing the Future of Growth Dear Mr. Morissette: Thank you for sending me a copy of your report. You asked for comments. Here are my observations of your work. Aft. 1. Your imperative is to not only provide for growth but to do so at lowest cost, recognizing that quality of life is sacrificed. Why? While permanently adversely effecting the quality of life, based on expressed consumer preferences recognized in your report which I share, you only defer the date at which the urban growth boundary is packed and will be expanded. When that occurs, if it does not occur beforehand, don't you have a perfect setting for urban flight? Won't flight to "edge" cities occur before that? Doesn't a system of improving quality of life, and rehabilitating distressed areas through tax incentives (you don't pay more taxes when you improve your community by improving your house)? 2. There is a difference between a home on a 10,000 sq. ft. lot and one on { a 5,000 sq. ft. lot. By making more 5,000 sq. ft. lots available from a . fixed supply, you are reducing the stock of 10,000 sq. ft. lots, thereby increasing the market price of those that are available. You do not satisfy the demand for 10,000 sq. ft. lots by creating more 5,000 sq. ft. lots any more than you satisfy the demand for a Lexus by providing two Yugos. 3. Your concepts of growth are obsolete. You are still thinking in terms of the outmoded "hub" model of growth where all jobs are in the central business district (CBD), residences are in the outer perimeter and everyone travels to work in the CBD. In the real world, the CBD accounts =Ell low Mr. Don Morissette, metro Councilor April 10, 1996 - Page 2 for a smaller and smaller percentage of the jobs each year. If you take government out of the CBD, it's a lonely place. We observe this twice every year on Martin Luther King and President's day when mainly government workers do not have to show up for work. The valuation of business in Washington County alone is four times greater than in the CBD. 4. Transportation Costs - Your theory that transportation is more expensive when housing stock is constructed further from the CBD is based on your vision of all trips to the CBD. More than half of Intel's workforce of 8,000 in Washington County live in Washington County within fifteen minutes of their job. Intel's work force is relatively new. As time passes, more employees will relocate to homes closer to Intel if quality housing stock is available. If you limit housing stock at the perimeter, you will increase the trip length if people have to travel from the only available desired housing which is further away. Intel is typical of other employers in Washington, Clackamas, Clark and eastern Multnomah County. You are, probably, too young to remember the last private company of any size that located even close to the CBD. It was Wacker Siltronics during Neil Goldschmidt's term as Mayor in the 70's. If you want to reduce the need for many long trips with no transit investment, you could reverse the policy of locating government jobs (County, State, Federal, Metro, Port of Portland, etc.) in the CBD in favor of a policy of providing governmental services out of regional service centers. This would shorten the trips for employees as well as users of governmental services. Government dispenses services in the manner it does only because there is no competitive pressure for them to do otherwise as is the case in the rest of society. McDonalds would be out of business if it made people come to the CBD to buy burgers. 5. You presume that long distances require transportation conveyors like light rail. As the trip length goes up and as you add stations, transit usage goes down, particularly on light rail which depends on feeder buses and transfers. You are better and less expensively served by express buses that run directly and quickly to the places that people want to go,. For example, the person living in the Gresham area who needs to go to Milwaukie will not use light rail, assuming one going to i Milwaukie is built, unless he has no other alternative. His trip would be a feeder bus to MAX, 49 minutes to change to a south line at the CBD, 30 minutes to Milwaukie and, possibly, a feeder to his destination. 6. Your assumption that the cost of services is less or even more efficient Mr. Don Morissette, metro councilor April 10, 1996 - Page 3 in central cities or in denser areas is factually incorrect, in this region as well as in others. The cost of services in the City of Portland should be lower, in theory, than in surrounding communities because people live closer to one another. But they aren't for many real world reasons. The cost for fire services in the City is $3.30 per thousand of assessed valuation, without including the unfunded pension and disability program. With funding of these programs, the cost would be $ 5.30 per thousand assuming payment for the presently unfunded portion over 20 years. The cost for fully funded fire services from Tualatin Valley Fire & Rescue is $1.68 per thousand. Gresham is about $1.30 per thousand. The same is true of police and sewer treatment and virtually everything else. When Measure 5 first passed, Multnomah County Chair Gladys McCoy assembled representatives from all of the surrounding cities, water districts, sewer districts, etc., to discuss consolidation as a way of reducing costs. No city or district could merge any function with the City of Portland because the cost to the entity merging with Portland would be INcreased. Denser areas require more services and more expensive services. Denser areas, particularly those with rented, as opposed to owned properties, Albk are more transient and have greater needs for police and social services. In the City of Portland, the people living on the outskirts pay the same for police services as the people in and close to the CBD. They do not receive the same level of service because they do not need the same level of service. The major component in the Multnomah County budget deals with social services. Very little of this expenditure is required outside of the central city. 7. People Who Live Near Max Do Not Use Max More Than Others. You presume that if you build high density next to light rail, people who want to use light rail will move there. That hasn't happened, not here, not anywhere. There is no such thing as transit oriented infill. There is only infill unless you restrict the sale of those units to peo le with no cars or build units with no parking. All examples of cities with high transit use were built without garages. Would you build units without garages? Would anyone buy or rent them? In the 80's, apartments were built around what is now the 162nd Avenue MAX station. Eight years after MAX began operations, trip generation studies were made of these apartments. They showed the same AM6 percentage of transit usage a, found in similar units far away from the MAX line. Mr. Don Morissette, Metro Councilor April 10, 1996 Page 4 Now 8. Peter Calthorpe - It seems to the that you can do better than ask us to accept Peter Calthorpe as an authority on successful transit oriented development or on successful high density incorporation into a neighborhood. His "showpiece" community, south of Sacramento (Laguna West), went into bankruptcy after the infrastructure was established and high density homes around the "transit circle" were built. It would be an understatement to say the high density (none exceeding two stories and none without garages) didn't sell wel Sol d . When the new developer firm bought the project from ank of America' 4cc-l ~•~~~-real estate owned portfolio, the first thing they did was e high density zoning designation to "estate homes." These sold well. i d Calthorpe, the purest, did not allow for parking around the transit circle. ~~~1 His theory was that people would walk to the transit circle. They didn't coo and the walk was much er than ticipated because of the replacement of h densi i estate hom When the few transit SaC, users parked on e s e s, the resi en s rebelled and the transit was 0 moved out of the; 6 ntire development. The bus is now located on Laguna Boulevard. It is an express bus which downtown on I-5 using an entry hick cost the developer $5.6 million. Ridership is very low. Laguna West was planned to include office buildings and retail stores. ` n, There are no office buildings. There are no stores.. The only commercial P y`' enterprise in the entire development is a Jiffy Lube. oi 01 JI Laguna West is a beautiful community. It's dust not transit oriented. It's PO transit irrelevant. I C., The impact of high density "transit oriented" on our roads - Assume a hypothetical area next to a light rail station that could be developed low ~density and would produce 1,000 work trips or be developed high density and produce 10,000 trips. Let us further assume that none of the 1,000 work trips in the low density development uses transit. The low density scenario would add 1,000 trips to our overcrowded roads. The highest usage transit we can find in transit oriented developments, excluding the buildings with no parking in cities constructed before WWII, is about 6%. This is at the buildings across the street from the BART station at Walnut Creek. BART is a heavy rail system that is much faster than light rail. This means that we would get about 600 of the 10,000 work trips on transit and add 9,400 trips to the roadway system. Mr. Don Morissette, Metro Councilor April 10, 1996 - Page 5 What's worse for the road system is that the large number of additional trips are concentrated. Congestion and delays occur before diffusion from multi-directional trips can take place. The problem with your bibliography is that it consists of cultists that believe in faith, not facts. By the way, housing costs have risen but, without question, not exponentially. Despite my criticism, I appreciate and applaud your effort. That's the way things get started which lead to progress. Sincerely, Melvin Y. Zu er President MYZ/cg I MINIMUM if the tirst elements completed, 'bins the fuiutions of a commu- y, and• recreation center with .assrooms and an indoor theater/ , - outdoor amphitheater. The indoor t'`'~~~` z-• multipurpose room can accomaw- - . i'";r - e 500 persons; the outdoor am- attar can hold more than 2,000. daycare facility--underwavnow- and a church are planned for adja- cent sites. The lake provides a waterfront am- bience while achievin several im- portant environmental and design purposes, including open-space pres- ervation, nonchemical water quality treatment, flood detention, and irri- gation. The Joke is actually a series s: Wiwi of six separate lakes--three that are completed-divided by roadways.,^:„~ Lake water was pumped in to create zti,,..: the lake, which is now fed primarily Many neighborhoods contain a variety of architectural styles and home designs, by runoff. Special plants are used to including a mixntre of homes with front and reargarages. rrtanage nutrients and pollution. Once or twice a year, an aquatic plant har- vester cuts the plants, thereby re- moving the metals, oils, and nutri- fronts. The number of homes with strutted with either front porches or ents typically found in drainage waters prominent front garages is restricted strongly articulated entrance features. from developed areas. =each neighborhood, and in Housing units are allowed a lesser One of the key principles of hous- general garages must be recessed so frontward setback for front porches ing design in Laguna Vilest is avoid- they are not the most prominent fea- and entries and a 20-foot setback for ante of a streetfront pattern domi- ture of the house. The design guide- the garage; the garage must be at nated by two- and three-car garage lines specify that homes must be con- least five feet behind the building uEG UNA ~ f= 5T . PROJECT DATA j LAND USE INFORMATION DEVELOPMENT COST INFORMATION (To DA3W Site Area: 1.045 aces Site Acquisition Cost ...................Notavallabk Total Dwelling Units Planned: 3.370 Site Inrpror ment CostsZ Total Dwelling Units Completed; 300 Excavation/ Gross Density: 65 units per acne Exca /watergradin/drainage gS10,Op0000 Average Net Density: 8.0 units per acre r 15,000,000 I Pavrng/curbs/sidewalks . . . . . . . . . . . . . . . . LAND USE PLAN Landscaping/irrigation $,g00 000 Fees /general conditions 2.000"D Acres Percent of Site Town hall 1 700,000 Total . $•1- 5tI mm tskrr 73 SAS Soft Costst Parks 38 3 Architecture/engineering $500100o OfF . 95 9 Project management 11000M Daycare and school 16 2 Marketing 2.500.000 Commercial 53 g Legal /accounting SMA00 Industrial 237 22 Taxes.'insumnce . Total 1.015 l0R 4 Construction interest and fees $16 i Total Noes Total Development Cost (to datr)': $S9,gwAw Excluding hind cost. Costs do not include any homebuilding cost;. Construction Cott per Sgaarr root (singls-fnndly residentiap: $40 includes c n stnution-erlatad sofeeom 3 includes nommnsmrction-related raft tests only j RESIDENTIAL UNIT INFORMATION Lot Stu Unit Size ?Jambe of units Range of Cunenf Unit 2irpt• (Sgerr°rr Feet) (Square Fret) planted/Built Salea.Pritas Arab le-family 3,650-6,200 1,100-2400 1,100/175 $ ,000 gle-famlly 81700 1,800-2,650 770 124 190AN423UM i Custom $_W-20300 1,800•.4.000 300/15 S 4r 0,000-S:a = f Multifamily NA NA 1,200/0 NA - M-rM AND ASSN INITTAL STUDY NO.. 91-ZGB -0343 : 1 ' LAGUNA WEST ZONING AGREEMENT 3VT ANT The property is located on the north side of Elliott Ranch Road, between Interstate •5 and the Western Pacific Railroad tracks, in the Franklin-Laguna ccannunity. !S PARM NUMBER: 119-0120-005, 024, 033; 119-0230-033, 052, 053; 119-1110-001 thru 026, 028, 029, 033 thru 036, 038 thru 051; 119-1110-053, 055, 057 thru 063; 119-1170-001 thru 028; 119-1180-001 thru 058; 119-1190-001. thru 011; 119-1200-001 thru 033 119-1210-001 thru 040; 119-1220-001 thru 084; 119-1230-001 thru 091 (formerly. 119-0012-005, 007, 009, 011, 012 and 119-0023-032,033) s APPLICANT: E[: SXK acchange, Inc; River West DeveloFxnents The Spink Corporation. I-5 Laguna; and AKT Developments 2590 Venture Oaks Way Angelo Tsakopolous 7700•College Town Dr. #201 Sacramento, CA 95833 c/o Tina A. Thcmas Sacramento, CA 95826 910 F Streets Suite 20r .Sacramento, CA 95814 REFERENCE USE ONLY 1 , SACRAMENTO PUBLIC LIBRARY m 1 T M1 All : `7- r1 a 1 RD-7 N 1 ~ 1, ~ ~ ~ • a; ~ roc I ~ I, 1 NII .li • ~ 1 ~ ~ • ) i. li ~ All t'~eI ' I.I. I 1 ~{r 4 ND 1 .1 AD 10') 1 _ 11 > ( ~ i Ilo • \ 111 'S • . ~ i i 1 t I t! 1' 'r0 • RD 11 PAP' Rp 5 Nn / It b ~I .-Ip I . , 1', '~'r , ~ 1'• 1. , 1 .1 ~ '1.~ ~o 1 NII / MII 1 1 t I- ~0 RD 5 N I1 m I I ; ~ NU ~ } ~e,r1ZAtAMTn PUB1 IC LIBRARY r 4L i DEPART CF RIM AND ASSESSMENT TP STUDY (REVISED) ' PONTRM NO.: 88-DG-0239 <r: , WME: LAGUNA. CREEK RANCH (LAGUNA WEST) DEVELOPMENT AGREEMENT TDCATIM. The project is located between Interstate 5 and the Western sf.' Pacific Railroad tracks, north of Elliott Ranch Road, in the Franklin-Laguna community. ASSESS~t'S PARCEL Nt ER: 119-0120-005, 009, 024, 025, 026, 027 and 119-0230-033, 052, 053 R: APPLICANT: I-5 Laguna, SKK Exchange, Inc. Retry 4 Thomas Attn: Tina Thomas and 901 F Street, Suite 200 Sacramento, CA 95814 Angelo K. Tsakopoulos 7700 College Town Drive, Ste. 101 Sacramento, CA 95826 REFERENCE USE ONLY SACRAMENTO PUBLIC LIBRARY 1. PF07ECT 11 PION: s _The proposed project consists of a development agreement by and between the County of Sacramento and I-5 Laguna, SKK Exchange, Inc., and Angelo K. Tsakopoulos relative to a development known as Laguna West encompassing some 1,0331 acres. pp_y woo a ~ • sea a a» • woo E-1 Rip.? CIO riV °°s X04 5 i . > -4 1 t u O ~ ko a•v o•rNy ~ i M w N C3 SACRAI`!LNTO PUBLIC LIBRARY ' ~ t n •~figy'iiiZ'i~baty~.•ayyc ,y~y'}+13f.y4 y.l~i~~~.`'IDfki{~'`'~'N'.- r - y.Y M1'"li/Q~F'to Jt $ rJ f T rJ'('r 1 4~ f' ~ r 45 ~ ' ~.>q k `ii.Kt i~ kt~ Sr,.q~4-~ °zr +,ri is!Sf4s'I•Y !a , , 4y~r, ~ ~i..t',~l r"ii~Zt ~ ' ~ TS'C.c, - 4~i~?3~ ~;:['i''~ ~2'+, ~:iE l~~ ~'ttt i.. t z ! j I 1 :t'., $~,'C;;r nY `'x'I.:~ r.Fx• •J+K1~ r ~ ~ ~ + 7r. - . t.'" • dT 1t.~ l ti~•y tr ' ' k i f ~ + ~ c3•. f C f A~ v ~ ~ t!~j 410 -+f~,'%1•~ It f"~.1 x.. 4 xg- ~~J y s ~I.. rx I ti. aft R F K`i dab Page 8 ACCIDENTS ON STATE HIGHWAY SYSTEM dab Table II shows the comparative five-year accident experience for freeways and non-freeways on the State Highway System, primary and secondary components, and the respective rural and urban portions. Total lengths for the categories are shown for the new year only. TABLE II ACCIDENTS PER MILLION VEHICLE-MILES 1997 1996 1995 1994 1993 Description Miles Rate Rate Rate Rate Rate TOTAL State Highway Stystem 7,493.00 1.11 1.23 1.13 1.12 1.19 Freeways 759.15 0.40 0.58 0.31 0.53 0.59 Non-Freeways 6,733.85 1.70 1.76 1.82 1.62 1.69 Primary System 4,959.93 1.04 1.15 1.07 1.06 1.12 Freeways 743.09 0.39 0.55 0.30 0.50 0.56 Non-Freeways 4,216.84 1.72 1.76 1.86 1.64 1.71 Seconday System 2,533.07 1.47 1.66 1.51 1.50 1.59 Freeways 16.06 0.67 1.20 0.56 1.22 1.29 Non-Freeways 2,517.01 1.62 1.75 1.68 1.54 1.64 RURAL, State Highway Stystem 6,783.33 0.61 0.70 0.60 0.63 0.67 Freeways 632.10 0.23 0.32 0.14 0.28 0.31 Non-Freeways 6,151.23 0.91 0.98 0.94 0.88 0.93 Primary System 4;442.40 0.53 0.61 0.52 0.54 0.59 Freeways 630.31 0.23 0.31 0.14 0.27 0.30 Non-Freeways 3,812.09 0.83 0.89 0.89 0.81 0.87 Secondary System 2,340.93 1.11 1.26 1.08 1.10 1.14 Freeways 1.79 0.16 1.13 0.28 1.16 0.85 Non-Freeways 2,339.14 1.14 1.26 1.11 1.10 1.15 URBAN State Highway System 709.67 2.09 2.25 2.19 2.13 2.25 Freeways 127.05 0.70 1.01 0.59 0.96 1.07 Non-Freeways 582.62 3.52 3.53 2.84 3.32 .3.43 Primary System 517.53 2.07 2.23 2.16 2.11 2.21 Freeways 112.78 0.69 0.99 0.58 0.93 1.04 Non-Freeways 404.75 3.67 3.63 3.98 3.45 3.55 Secondary System 192.14 2.14 2.39 2.31 2.25 2.42 Freeways 14.27 0.76 1.22 0.61 1.23 1.37 Non-Freeways 177.87 2.93 3.10 3.27 2.79 2.99 RURAL. Includes both the Rural and Suburban shown In Table Iv. /vv CAA-) January 25, 2000 Tigard City Council Public Meeting Re: Washington Square Regional Center Plan 13125 S.W. Hall Blvd. Tigard, OR 97223 To: Tigard CIty Council I thank the Task Force members for the time they've given to this plan. I regret that it has remained so rooted in the legacy of a past century's mistakes. It is carbon based, waste tolerant, habitat destructive and polluting and born of a time when space, natural resources and the healing capacity of the planet seemed limitless. I'd hoped to see signs of an awakened stewardship, a new generosity toward the land which gives us so much. Today we live with what happens when commerce leaves the bio- logical world out of its equation - air and water hazardous to our health, decades of nuclear garbage with no safe place to go, oceans depleted of fish, all life exposed to dangerous solar radiation, climate change intensifying as we ignore our heating of the atmosphere and species extinction now at 1 loss every 10 minutes. The past 5 mass extinctions were caused by extraordinary events. The present, on-going mass extinction (the first in the 3.8 billion-year history of life forms), is being caused by U§, largely from natural habitat destruction. By the year 2100 the loss may extend to 1/3 of all species alive today. We can no longer afford to dismiss these losses as a necessary cost of doing business. Stephen Hawkings wrote in his essay on the future of the universe, "The danger is that our power to damage and destroy the environment and ourselves is increasing much more rapidly than our wisdom in using this power." The scientific commu- nity warns that what happens in the next two decades may well determine what kind of future our grandchildren will enjoy, or what kind of chaos they'll be forced to live with. De- fining a vision for a cleaner, safer, more compassionate world begins here in our own communities. R Paul Hawkin, in his book, "The Ecology of Commerce," writes that we have reached a point in our economy at which profitabil- ity will increasingly derive from abatement of environmental de- gradation, and the furthering of eco-restoration. Genetic di- versity gives robustness and resilience to the planet's biolo- gical systems, and adds such beauty to life. In the spirit of eco-restoration and reconciliation with the biolo ical world we could restore the seriously degraded flood- plain %wetland to full and productive capacity - back to the original 23 or more acres - thereby providing the free services of flood control to the adjacent business community. -The re- turn of wildlife to the area would complete this successful interface between the built environment and the biological world. I worked on the Region 2040 campaign, and see the present Task Force plan as a gross misrepresentation of that vision. The very clearV stated policy of the Metro Council for protection of the regions "unbui.ldable lands" (wetlands, floodplains, stream cor- ridors, steep slopes) has not seemed relevent to those who see' all undeveloped.land:as wasted, ignoring, in this case, the free services of the floodplain/wetland area. Restoration and preservation of this natural capital as an in- tegral part of this development will insure the only real flood control for this development, and both upstream and downstream as well. I consider it a conflict of interest that the owner of this floodplain/wetland has been on the task force, always with a pro-development determination for this land. If doubt remains regarding the seriousness of severe future flooding, ask the insurance industry. Its average annual losses rose from $2 billion in the 80's to $12 billion in the 90's, with major flooding a major cause. Washington Square has its own history of water problems. My husband designed equipment for a company which pumped water from beneath roads and builds ings all over the west. Periodically it was called in to pump water from under the Square, situated as it is on a natural low- land. Regarding the effects of global warming on climate change, we would do well to listen to our scientists. Even Time Maga- r tine advised (fall 1998) that global warming is here and not likely to go away........ Trade your SUV for a fuel-efficient car, the article concluded. The forecast for the Pacific Northwest is for ever-increasing severity of flooding and drought as early melt of the snow pack leaves us inundated with water in the spring and dry in summer. I am 70 and remember when our winters dipped into the 20's and below, bringing snow and school closures for aday or more each winter. The children who last used our 6-passenger Flexible Flyer sled have children of their own now. Commerce is essential to human life - no argument there. It is when we forget that all productivity is dependent upon the healthy functioning of Earth's natural support systems that we get into trouble. We have a fine--opportunity here to mitigate our power-to-destroy with wisdom. Thank you for this opportunity to air my concerns. Meanwhile I .am going to continue looking for all of these middle income, single or childless couples clamoring for the restricted housing offered in the task force plan. Metzger continues to provide affordable housing, its large lots now home to 4 or more famil- ies who have invested in good faith in an old established neigh- hood. _ An important reality of the market place refered to on page 26 of the Plan is its dependence upon the good will of the com- munities that that surround it. Investors attracted to an area by a laxity of environmental restrictions or disregard for its residents do not make good citizens. Very likely they will take the profits out of the area and leave the problems they've caused behind them. Si erely, Nancy Lou Tracy 7310 S.W. Pine St. Tigard, OR 97223 GREGORY S. HATHAWAY Dear Jim: Please provide these copies to the City Council for this evening's meeting, as well as Laurie Nicholson. See you tonight. Greg 1/25/00 DAVIS WRIGHT TREMAINE UP Law Offices Suite 2300 * 1300 S. W. Fifth Avenue Portland, OR 97201-5682 (503) 241-2300 * Fax (503) 778-5299 * Direct (503) 778-5207 Email: greghatleaway@dwt.com I e . ~ ~GQ ~/~J ~dv LAWYERS ' ~ C LTV a MUM Davis Wright Tremaine LLP ANCHORAGE BELL Ii V UE BOISE CHARLOTTE HONOLULU LOS ANGELES NEW YORK 11010 LAND )CIC11LAND SAN FRANCISCO SEATTLE WASHINGTON, U.C. SHANGFIAI GREGORY S. HATHAWAY SUITE 2300 TEL (503) 241-2300 Direct (503) 778-5207 1300 Sw FIFTH AVENUE FAX (503) 778-5299 greghathaway@dwt.eom PORTLAND, OR 97201-5682 WWW.dwt.com January 24, 2000 VIA HAND DELIVERY Mayor Jim Nicoli Members of the City Council City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Re: Washington Square Regional Center Plan Dear Mayor Nicoli and Members of the City Council: This firm represents Macerich Company ("Macerich"), the owner and operator of the Washington Square Mall. We are writing you in regards to the proposed Washington Square Regional Center Plan ("WSRCP") that you are considering for adoption. We want to commend the hard work and tremendous effort that the Task Force, City Planning Commission and the City Staff have put into creating a plan for this important area in the City of Tigard. Although we generally support the proposed WSRCP, as it relates to the Washington Square Mall, we agree with the City Planning Commission's recommendation that the City Council should endorse the WSRCP, but not adopt it until some important issues are further clarified. Macerich shares the City Planning Commission's concern about the uncertainty of the nature, funding and extent of the transportation and open space improvements proposed in the WSRCP. In our opinion, this lack of certainty would not encourage development and redevelopment in this area because a property owner may either be prohibited from developing until the public improvements are in place or expected to bear an unreasonable and disproportionate share of the cost of the public improvements. Although we recognize that it is not the City's intent to take this position, as the City Staff has assured us, the WSRCP does not currently address how development will be approved during the interim period before the nature, funding and extent of these improvements are further refined and implemented. IBM EM Elm F:\5\51058\2\CITY COUNCIL LTR.DOC Portland Elm joijil 11111 Mayor Jim Nicoll Members of the City Council January 24, 2000 Page 2 The City Staff has informed us that the City will receive a grant in the amount of $80,000 for the purpose of preparing an implementation report which will define the nature, funding and extent of the transportation improvements generally referred to in the WSRCP. Our discussions with Staff indicates that the preparation of this report may take as long as two years to complete. It is our understanding that the City cannot receive this grant until the City adopts the WSRCP and Metro determines that it is in compliance with Metro's requirements. As a result, if the City must first adopt the WSRCP we believe that it is imperative that the WSRCP address the requirements, conditions and/or mechanisms for permitting development within the area prior to the completion of the implementation report. Therefore, we are requesting the City Council to continue its consideration of the WSRCP to allow sufficient time to define how development will occur prior to defining the nature, funding and extent of the necessary public improvements. We have met with the City Staff to share our opinions on this issue and we are very encouraged that we will be able to work together to define these development concepts. Furthermore, during this interim period we need to define the nature, funding and extent of the open space requirements generally referred to in the WSRCP since it is not within the scope of the grant. Also, Macerich needs to discuss with the City during the continuance of the WSRCP, issues related to parking and development/design standards that may have an effect on the future development and redevelopment of Washington Square. We look forward to speaking with you at the hearing this evening to discuss our request for a continuance of the adoption of the WSRCP. Thank you for your consideration. Very truly yours, Davis Wright Tremaine LLP jjt,,Q,~ S. Gregory S. Hathaway GSH:dtl cc: Jack Jensen, Macerich Company, Vice President Jack Reardon, Washington Square General Manager Jim Hendryx, Community Development Director Laurie Nicholson, Project Manager imam F:\5\51058\2\CITY COUNCIL LTR.DOC Portland 11111101111111M IMIIIIIIIBIIIIIIIIII, Pat Whiting 8122 S.W. Spruce Tigard, Oregon 97223 January 25, 2000 Tigard City Council Public Hearing Tigard City Hall 13124 S.W. Hall Blvd. Tigard, Oregon 97223 RE: Washington Square Regional Center Proposed Plan - Public Hearing Dear Councilman Moore & Council: My name is Pat Whiting. My address is 8122 S.W. Spruce Tigard, Oregon. I reside in the Metzger neighborhood and am Chairperson of CPO 4-M - Citizen Participation organiza- tion. As a member of the community, a home owner, a member of the WSRC Task Force and as a representative of the CPO, I am submitting my testimony for the record. Previous testimony submitted in the record and in the Task Force and issues raised herein are review criteria addressing: Land Conservation and Development Statewide Goals 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13 & 14. The Statewide Goals are important to this planning process and the components of the WSRC proposal that are elements of planning have to do with: Citizen Participation Land Use Planning Open Space, Natural Resources & Riparian Corridors Air and Water Quality Natural Disasters and Hazards Recreational Needs Economy of State Housing Public Funding Transportation Energy Urbanization The above twelve statewide goals of Oregon's 19 goals pretain to their respective proposal elements in the WSRC. Also, all the Tigard Comprehensive Plan Policies and the Tigard Community Development Codes that pretain to the WSRC plan before you for consideration are criteria referenced. TCC:WSRC 2 Pat Whiting Public Hearing January 25, 2000 Sensitive Lands, Wildlife, Flooding, Density and Up-Zoning At issue for this community, the neighborhoods of Tigard and Metzger, is the up-zoning of the Ash Creek Wetland and Floodplain in Subarea C of the Plan. Also at issue is the up-zoning of existing residential neighborhoods, for example, from 4.5 houses per acre to 50+ units per acre which allows for up to 100 units per acre. On page 15of the plan, 129 acres of the proposed regional center's 227 acres is earmarked for "redevelopment opportunities." Seventeen acres are identified as available for residenital infill and 42 acres for vacant commercial development. In the staff report to the City Council, 12,14,1999, page 13, paragraph 4, they identify the area south of Oak between Greenburg and Hall without even mentioning that this area is the Ash Creek Wetland and Floodplain area and exisiting single family and apartment residential. Metro's Urban Growth Report Update, September, 1999, in identifying 2040 Up-Zoning on page 65 states that: One of the most significant changes to the updated 1997 UGR is the adjustment-A:. the 2040 up-zone factor. There is now no 2040 up-zone applied to neighborhoods and parks and open space lands. This change is consistent with preliminary compliance reports by local jurisdictions and-Ath 2040 policies of concentrating growth in town centers and regional centers. Therefore, the proposed up-zoning in Subarea C should not be the center of this plan's highest employment and resident density designation. A letter from Jim Grimes of the Oregon Fish and Wildlife Department previously entered into the record as was a letter to the Task force from the State Floodplain Manager, Ann Beier was not referenced in the Staff Report of December 14,'99, pg 11, regarding Agency communication and comments. Flooding is a major 10 occurance in this area. The plan neglects to address this subject. Their letters are attached herein. Also attached for review is a copy of the Oregonian Paper article on Earthquakes in this area. This is submitted to request that the plan should include information about earth- quake conditions in light of the proposed regional center developmental elements of density and economic investment. TCC:WSRC 3. Pat Whiting Public Hearing January 25, 2000 Transportation Throughout the Task Force planning process, citizen in-put supported widening Hall Blvd to a three-lane with bicycle and sidewalk deve.7~pment on both sides of Hall. Promoting a 5-lane development will destroy the residential and small business community and the quality of life tied to a school, existing park, a church, affordable housing and Ash Creek. This plan does not include extensive dialogue or directives regarding promotion of commuter rail. Instead of emphasizing widening roads through existing residential communities this plan should be incorporating the commuter rail from Wilsonville to Beaverton data being developed. In February there will be five meetings in Tigard, Tualatin, Beaverton and Wilsonville. This plan should be delayed to incorporate this styd. The data is attached for your review. Allowing development prior to transportational infastructure should not happen. Case in point is the Tigard Triangle. Attached is the Tigard Triangle Design Standards, ie., DKS Associates, page 1, siting recommendations regarding road improvements for Hwy 99, 72nd, Dartmouth, Hunziker, etc. Today the development is going in and transportational issues have not been addressed or resolved. Drainage Facilitation and City Policy I am greatly concerned about staff's request that you adopt a new City Policy to be applied only to the regional center. Although the City has a city-wide policy in place, Policy 7.1.2, a new policy proposal that is being proposed (Policy 11.8.3) could have the effect of allowing development prior to infastructure facilitation of water and drainage. Major drainage problems exist in this area. The floodplain is part of the Fanno Creek Watershed in which we are located. Any regional development must have in place not just additional but major facility accommodation prior to development. A non-mandatory policy should not be adopted. TCC:WSRC 4. Pat Whiting Public Hearing January 25, 2000 Citizen Involvement Citiz&,7 participation in the development of the proposal before you has not been extensive enough. There should be greater outreach -to the public and greater public involvement. We are requesting that there be additional hearings. There should be workshops not just open-houses. Discussion with Agency personnel should be initiated by your council. This was requested at the task force level. It did not occur. Greater understanding of the wetland and floodplain issues and the issue of fish-recovery and wildlife habitat needs to be part of the proposal. Density provisions in an existing neighborhood, transportation, lack of designation of new parks, and the need to incorporate public recommendations in the decision- making process to a greater extent need addressing. For example, enclosed is a previously submitted letter from the Metzger Park Board. The Chairman asked me to represent him tonight as he is unable to be here. It addresses concerns regarding the proposed plan relying on an existing park that is fully utililzed to be used as satisfying park needs for a regional center. Plan directive includes the word "enhance" in reference to the park which is established and serving an existing community. More parks are needed. The plan identifies the local Cresent Grove Cemetary and the Golf Course as open space but it does not ear-mark parks. Citizens recommended more parks. They should be an important part of a regional center. Regional Center Boundary Given the many problems we see in this plan and the proposal to superimpose up-zoning of high density on an existing residential neighborhood and a wetland/floodplain, it is recommended that you seriously consider changing the boundary of the regional center which goes to Hall Blvd to the east. We recommend that the eastern boundry by S.W. Greenburg Road. The regional center commercialization and high-density provisions and the configuration of transportational accommodation should not be developed at the expense of a thriving existing community. The Washing- ton Mall area should be revisited for such accommodation. Thank you for your consideration. Pat Whiting Pat Whiting, Vice Chair, CPO 4-M 8122 SW Spruce Tigard, OR 97223 ON -EC CN DEPARTMENT OF FISH AND March 8, 1999 WILDLIFE Dear Vice Chairwoman Whiting, Columbia Region This letter is a follow-up to our meeting of March 5, 1999. The Department enthusiastically supports your CPO efforts to protect the open space and wetland adjacent to Ash Creek as identified in the Ash Creek Wetland & Floodplain report. Numerous fish and wildlife species depend on stream and wetland habitats for their survival. Some species spend their whole life history in these habitats while other species use these areas for seasonal habitat or as part of their migratory requirements. These species include those that are at low or declining population levels such as the red-legged frog, western pond turtle, painted turtle, cutthroat trout, steelhead trout, and western toad. The Upper Willamette River stock of steelhead trout will likely be listed as Threatened under the federal Endangered Species Act this month. This stock includes populations in the Tualatin River watershed. The Fanno Creek basin had a historical population that we believe persists, although at very low levels. With the listing will come increased scrutiny of proposed impacts to streams, wetlands, and riparian habitats. Under Governor Kitzhaber's Executive Order 99-01, all state agencies are directed to take positive actions to restore native fish runs. The Oregon Department of Fish and Wildlife views habitat protection as the most efficient, cost effective method to protect and restore fish populations. In addition to providing habitat for fish and wildlife species, stream, wetland, and riparian habitats provide important water quality, nutrient cycling, and water storage functions that are important to maintaining healthy watersheds. As people also reside in these habitats, it is incumbent to our quality of life to maintain these functions at a high level. Maintaining healthy watersheds benefit people and provide fish and wildlife habitat. I wish you success pursuing this goal. If 1 can be of further assistance to your CPO, please call me at 621-3488. lncerel lm Grime Urban Habitat Biologist, Oregon Department of Fish and Wildlife 17330 SE Evelvn Street Clackamas. OR 97015-95-14 (503) 657-2000 FAX (503) 657-2050 F ® Department of Land Conservation and Development ~---~a 635 Capitol St. NE, Suite 200 Salem, Oregon 97301_2540 John A.JGWubetMA.,Govemor Phone (503) 373-0050 Director's Fax (503) 378-,5_918 June 2, 1999 Main Fax (503) 378-6033 Rural/Coastal Fax (503) 378-5518 Ms. Elaine Cogan TGM/Urban Fax (503) 378-2687 Cogan, Owens, Cogan Web Address: http://www.lcd.state.orus 8313 SW Alder Street Portland, Oregon 97302 Dear Ms. Cogan: The Department of Land Conservation and Development (DLCD) serves as the state's floodplain management agency under an agreement with the Federal Emergency Management Agency. The department supports the need for Regional and Town Centers such as the proposed Washington Square Regional Center. However, there are particulars of this proposed development which appear to impact lands in the Ash Creek watershed protected by other statewide planning goals (Goal 5 - riparian areas and Goal 7 - floodplains and other natural hazards). As the State's floodplain manager, I am most concerned about the potential impacts of this development, if not properly mitigated, on the Ash Creek floodplain. Under federal floodplain management regulations (44 CFR section 60.20) communities that participate in the National Flood Insurance Program, including the City of Tigard, shall evaluate a number of standards in considering proposals for floodplain development. One standard is that the community shall consider the adverse effects of floodplain development on existing development (44 CFR 60.22(c)(4)). In addition, the community shall also consider diverting development to areas safe from flooding in light of the need to reduce flood damages. and in light of the need to prevent environmentally incompatible floodplain use (44 CFR section 60.22(c)(2)). Therefore, the City of Tigard must thoroughly evaluate the consequences of developing Ash Creek's floodplain before issuing a permit. The City of Tigard, as a requirement of participating in the national flood insurance program, needs to fully evaluate the consequences of this development. Tigard should also consider mitigation activities to preserve the natural and beneficial values provided by floodplains. If you have any questions, please contact me at 503-373-0050 (ext. 255). Sinc rely, Ann Beier State Floodplain Program Manager cc: Mark Eberlein, Federal Emergency Management Agency Meg Femekees, Oregon Department of Land Conservation & Development ,l'at Whiting i'r t wilsonvilie, tc th' BeavertonCommuter Last;November, at a series of pubhc ga. ermgs, we asked for:your thou is z Rail Study ; a t , w( `n~,~. Wilsonville and B y on commutes..transrt optrons between ` n eaierbo or:fin- :li I` ..r, hh+. .,r• 1 v f: - 4'Zk°-i K`~~y' y-'ry. rt~-`r'.~:.+•"+"'i''S,tlSJ =t"1~c 17 r~. n put-largely supporting the commuter rul option was taken back S c .c ,Spo?tS0/L'!I-SJ a.~ T?S+"•r ctn. - ♦ a a•A- S.i .t .S 4 f# ti'.6+'~: t.1 frr- m of locafl elected and decmon dap r~ ldash, ,,3ton eou t mg Committee e u ry> s. x. ~~wl-1" t i. ? -r ,t Tr SAaFF x sy+l w-')Sr ..X } r+L. i ' v .,ra z < at._ J r-z~tgf'J ,tl.. y,,• x rr ~J:•#' ' -s~9t ~.y, The e~ t ices of considered that input and wesgtied each Altematin agamstihe goads and °oblec ~ f Beaverton, Sherwoal, : 4 k rE ~ti -`xR c S' n1i5!C:s i 1 z< ~Hi~(a~~~t.~' J' Tigard,? Tual atl n,. and .a fives (see gage and have naw made.Pre'lunmary recommandatiOn,$ae~` .-t Wi Isonvi1 e r. J y wYMF,, s. :Y. • xl:r. 4. 1 •-y' `i1` •4'~ "';.~r.'_..~i' '1 +t r• J'i'~ f •~i~ y y'?9v j-~y, t of}M ci. j7n Met cor=ut:er rail option to, be evaluated s xhe,preferred alternateve.LiTJ~h trecom 115 s' Metro m. dation is pending pubhc review Jom us at one of the pubhc g'. di- ngs _ F Oregon Department of , : . r ' t+ ..~J ~3 `ate x~• • s listed on the back pagc to provide us with your feedback. Transportation . s fiat as t&r 6~i7soBVille to Beavertonr ComffiuteP Rar7 study? _ ~:.,fir'-_' Washington County, area communitie's' and regional transpoitatioti'age ivies ' - Need more irfor~nalioni' (see side panel) have been woridrig together to develop a more diverse and lial= anted transportation system, specifically by providing a viable transit optio^ fos contact adden, Program commuters iri the Wilsonville"to Beaverton comapi. If ii l6m6i. the' Anne Educator P- , wash; ngton county •tem will better link regional centers, `.town centers; •ind employment areas and 1SS N. 1st Ave, Suite will leverage'the public irivesiment in the ecistmgtight rail system. The intent is 350-16 Hillsboro, OR 97124 to contribute to, irtiplementation of a:s~es of state, aegional and local planiiieig s5^3^46-11196 : 1' Oe policies..ihe Steering Committee has been looking at three altexnanves hide wax +3) E-mail: anneJmdden nothing, add more bus service, and develop commuter rail. They:have 0° .Oco.washington.or.us dA r r.y ~~`t E t~xc . been looking at where stations and park anti ndes could 6e rr°ta 1 -t _ t Z !.(Jy, y •.y. ti 4 ip ~ H®.v "Were Alternatives How ®a They C ? ' ..Ev~,l gated Y ®t~are., • Some of the highlights of the evaluation of the three To help determine which of the three alternatives alternatives are as follows: No Build, Transportation ' System iirtanagetnent WJVCb bras the most arders? M-= azided bus service); and Commuter : Commuter Rail. About 4700 people would ride d best meets the commuter transit needs, the rail each *pekdag in the year 2020. At least half { Steering Coinrriittee set the followira " g goals and..: of these would be new transit: riders.. About" 1500 objectives.;; . ..,people would use the need f . ` .TSM bus service each iiid Objectives :weekday, if that were the chosen alternative., Goals` I. Tn sportation Goal: Provide an effective, O Mere am the riders going to? . efficient and reliable transit system that connects Although some commuters would head south on major activity centers and improves access within either alternative, most riders would commute to ..the Wilsonville to Beaverton Corridor. ' stops in the Beaverton and Nimbus/Washington • Provide a viable transit option for Square area. Many would connect in Beaverton commuters. to transit taking them to downtown Portland. • _ Leverage c~ g transit investments. • Accommodate future extension ►l7hetr are the nidess cavming fiuarn? . : of transit-system. /expansion For hn+.. Uter Ra.t the numbers of riders e .Provide reliablend starting their trips in Beaverton and Wilsonville time sensitive service. a are almost equal and when combined make :Provide efficient'traiisit links' between - up : oriel and town centers as defined in the about half of the total ridersliip origin5 reg concept: .:for the rest of the riders are spread about among the other three stations (Tualatin,` egi ' II. 1'Iannaa~g G6,A.- support state, regional and ana Nimbus/Washirigton Square)..: local plans-an' policies:: For•the TSM bus alternative, thembution Ls Support:ste; regional and local j about the same as with rail; but with a~higher „tnsportatlon and land use plans ` percentage starting Beaverbori aril s lower T` ' • Pr~ovrde mcreaseci opportunities for y percentage Sing i n-the Nimbus/Washm`7y "Lx c,. 'ZI 3;, i~ " 7 j R t * rc .9 xf Pedesta~an,fnendly and lrEflult OlYentJ@d 'w' 7 development . aflLal v~r ' r Jr , l 14c l h x•~ • Provide a reliable and direct link between` tet°atrvre has the fastest oarsute,. f Commuter Rail is'the quickest.option -Them ;r r population and employment centers in the = ?W'ilsonville to Beavert3oii vehicle travel time is 50% more by car, and.twice=". Corridor. as long by bus.. '(See table on nest page ) ,a II. Environmental Goah Maintain the environmental integrity of the corridor. ® What about cost~~ ° . Avoid or minimize impacts to all aspects In year 2000 dollars, capital costs are expected to be $67 to $73 million for Commuter Rail and $7 ,of the natural and built environments. to $10 million for TSM. Annual operating and ° . Maintain or enhance community maintenance costs are projected to be $3.9 livability million for Commuter Rail and $1.1 million for N• Financial Goal: Identify an affordable transit. TSId• alternative for commuters. O Flow do the altematiies affect &W-se vas, the { • Build a system that can be operated and meads? maintained affordably.: o Ater ail would reduce the number of Build's "cost-effective project, miles traveled by carston our roads,each day bye • Support'and encourage continued 17 ' economic ,400 miles. j. „ T, + tiw Sr° wth ~ would reduce the=males bq x,100 L t~ r ° Implement a project in a tirnel y manner. ..-o , y c 3t ! r 4~'6S~~~' cs 4 tv 6. f ~ - 'w -y+,f{.•q'-~ M ~ljl ire. 1-7 What would be the travel times in 20207. Travel time From by Auto by Bus. by TSM by , Wilsonville with NO Otis . Coamter ; To Build Rail Minutes Mi nutes Minutes. Minutes > Tualatin 18 19 19 9 Tigard 30 60 35 16 Wash Square 32 67 43 120 Beaverton TC 39 76 54 •26 You Aske-d r. ® :t What land ot°c am are bet Cott _~Cd fol ° ♦ 1~bat aboutFardr.~d R6 as . .~mmutrer Raa7 . , . ; The ark and,ade in:Wilsonville.ould be the . Self. i cars that are similar to light rail trains, but diesel powered. These are called the largest, with about 800 spaces Smaller park and sel Multiple Units (DMUs). They would either be ales, ranging from 120 to 200 spaces, would be new or refurbished vehicles that meetthe laltiest £ iocated m']Cualatei,'Tigard,°and Nnnbus/ Federal Railroad Administration (F1ZA) safety ` _ ' Washington Square. There would not be a park y z y yk~ ari~ d ade at tlae Beaverton 'Transit Center -Z M. j ;t xiidards - '1t•4•f iC rv. t ~ l `55S c4 ;C°,.rg ra. v^;•c +3sr'+' .S} ~'v,t i t , r 1 r C r sY r,'6t `S•LS+'.. r AL +Sry Gk "!~74'~r.^r S• x'''~6 a~`' K~ ^y{ _ 'c , ♦ Flowmucda~oLSe can wr 9ra~ j♦ ~aa Commumer~Tdar7brevand4e dis Idlea 11~. a 1 xh+. r',} j 'r' l COmallltet~bV~ s >,{"_.'t}*zx>vavfs 7 J.ar ~`~j 'r=•`r"~~ •L'~;,:v'x# ..I,;,Y-j . i +,fie ..vxfrZr~by s~ x - Corrimuter trains would'be Q ete and cause less ° r~~ ezistutg.'rail Tines; 3iiis: service could m the ; ' y "ct't-a,>r • tai 7' t 4 ~`"T%•a! L ..tL. .:r , Vibrati6n'than ' t trains because ilt 'are Y ~ firtuse be expanded sotstlt #o;Salem, corirtectwith lighter shorter, and are powered iiy modified bus ` 14aes Beaded West to, v~clL4mnville and .east to- engines. '.The FRA has just adopted new crossing :.s T akp Osgvego, or every west to FTllsboro. safety policies that allow for neighborhood "quuet : zones." They permit reduced whistle blowing bp' b~h~'t Net.. all trains at crossings where improvements are made to maintain sa1`ety standards. Duringthe -1: 'Your put will go to the Steering Committee.., a Environmental Assessment a detailed noise -1 The Steering Cottee will forward an altema- analysis will be completed. tive for environmental assessment. ♦ inhere wt71 the Commuter dtat7 stations be 3. Environmental ssszssment should be complete . Iocateda by spring, and public meetings will be held. There-will be stations in Wilsonville, Tualatin, Ti- 4.. The project would then seek Federal Transit Ad- gard, the Nimbus/Washington Square area and ministration authority to'-move forward with pre- Beaverton. Information about preliminary sta- Iiminary engineering, and a finance plait. lion locations Ririll be presented at each contiatu-„_; ' Nina! desist could be complete in 2002: pity's public gathering. Seethe back page for the Yr ,re:• time and location of the public gathering in .your G. :Construction could; be complete, with commuter community. ' service'readY to egin,- in Ptember` 2604. t. 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'M+•sier--.v"....7•-••s.eLj Lew..-,f.« +r zo• t itts.-~N•+L ~`0 ~'La. f..~,-t 'T~rh~ y ~ + J.. f e LJ }a,.J 41 :,.L t fl +t. t'l f t l~, +4 't l a~lT t 'jai` %.LS$oip .e:,1 - •``/~~~~"°~j1'Z ;Washington Courny PosTAuE~: OAft Dept;, ofLand ljse and T 91 CLASc 'd M1n ~ _ . WY72~ W ~i h''~ t C 155 N. 1 .Avenue, Suite35 METER ► • w Hillsboro, OR 97124-30721 ' F920359w y . Steve Perry =t`l • ~ . .9885. SW.92r~d~ -ndgrd,rOR,97223 Mill oil 111 110111 IIIIIMIIM ° t~ - D C3 d p ° ~ o Q° ii ° a 0% Q ®a a A a' ao O 60-A 0. o i. n - 8 a O ~ h o O o 04 O p ODOT Toolbox 000 Q ti 0 a oC= op o ti D oG, 00 a c o U ~ 00 D ~ ~ O°~oc 0 00 00000 C 00~ CO o~- rye a 4a ~L c do mosaasayr . p4 ~ b 4 0 Q • Op oao • O c ~ 0.'O 00 t, CJ ~ fJ Legend °0 a Major Arterial $a r Minor Arterial e~ i i Local Collector ®m i i Local Street Frontage Road a o 0 i ODOT Tool Box Potential Rotary Locations o Tigard 1 riangae Street Plan regard Triangle Daslgn Standards 18.620-13 III2"9 DKS Associates Chapter 1 Existing Conditions This chapter summarizes existing traffic and transportation conditions in the City of Tigard. The primary focus is on vehicle traffic, although transit, pedestrian, bicycle and truck facilities have been considered as well. To understand existing travel patterns and conditions, a variety of aspects of the city's transportation system were considered. In the fall of 1994, an inventory of traffic conditions in Tigard was undertaken to establish a base year for all subsequent analysis. The following sections briefly describe existing roadway functions, circulation, traffic speeds and volumes and levels of service in the Tigard transportation system. Since other work is currently being undertaken to address pedestrian, bicycle and transit issues, this study focuses primarily on streets and highways. It relies heavily on previous work in these other transportation areas. PREVIOUS WORK. There have been a number of previous studies in recent years which have dealt with transportation issues in Tigard. These studies provide extensive background into transportation needs and opportunities in the area, and have been important resources for conduct of the current study. Some of the key studies are summarized below; Tigard Transportation Safety Study, by Straam Engineers, Inc., October, 1979. This study provides an inventory of Tigard's transportation system, an analysis and identification of Tigard's transportation safety problems and a recommended five-year program for improving the transportation safety problems in the Tigard area. 71gard Triangle Traffic Study, City of Tigard, by ATEP, October 1986. This study focused on the 2005 development in the Triangle area studying traffic impacts from a link volume perspective. The rn study observed that streets in the Triangle were operating below designed capacity. Future conditions N indicated level of service E and F conditions with buildout of the Triangle. Recommendations a included widening ORE 99W to six lanes by 1995, 72nd and Dartmouth both being four lanes, an overcrossing of ORE 217 between Dartmouth and Hunziker, and TDM measures. all Tigard Triangle Traffic Circulation Analysis, Oregon Department of Transportation, Region 1, a 1988. This study assessed existing and future year 2015 conditions and defined a roadway plan for Tigard Transportation Systems Study Ma=h 28, 1995 Draft Existing Conditions I P44126.0 C P. DKS Associates the Triangle. At that time traffic conditions were noted to have excess capacity available. Generalized forecasts of employment, housing and traffic volumes were made using the Metro regional model. The plan called for four lanes on 72nd Avenue south of Dartmouth Street, four lanes on Dartmouth from 68th to ORE 99W, four lanes on 68th from Haines to ORE 99W, plus a new north south connector roadway between Dartmouth and Hunziker. Bull Mountain/Walnut Area Urban Services Study, by City of Tigard, City Administrator's Office, February, 1988. This study addressed the feasibility of providing urban services to the Bull Mountain/Walnut area. The area consists of approximately 2,045 acres of unincorporated Washington County located due west of the current City of Tigard limits. The area is bounded on the north by Old Scholls Ferry Road and on the south by Beef Bend Road to SW 150th Avenue. The Urban Growth Boundary marks the western limit of the study area. The recommendations made by the City Administrator's office included supporting annexation proposals from the Walnut and Bull Mountain II/North Central areas, annexation proposals from gull Mountain I/Southeast and Bull Mountain II/South Central areas be supported and encouraged by the .City, discouraging annexation requests from Bull Mountain III/Northwest areas until annexation of the Walnut and Bull Mountain I-II areas are substantially completed and. adequately served. It further stated that temporarily irregular boundaries and piecemeal annexations should be allowed, viewing the entire study area as the eventual .logical boundary. Specific roadways in need of improvement (widening and curve realignment) include Bull Mountain Road and Beef Bend Road, which carry much of the traffic to and from the Bull Mountain area. Other roadways needing resurfacing and/or regrading include Walnut Avenue, 121st Avenue and 132nd Avenue. This study is important since much of the growth ocurring in Tigard is taking place in this area. Washington Green Retail Development: Transportation Impact Analysis, IGttelson & Associates, October, 1988. The study suggests that the proposed project would have a very small impact on the surrounding street system, however, some improvements were recommended based on projected 2005 volumes. These improvements included 1) a 'five-lane cross section for the project frontage on Hall Boulevard, 2) a multi-phase traffic signal at Main Project Access/US Bank Access/Hall Boulevard, 3) an exclusive eastbound right-turn lane at Scholls Ferry Road/Hall Boulevard and 4) a second exclusive eastbound left-turn lane, a second westbound through lane and an exclusive southbound right-turn lane at Greenburg Road/Oleson Road/Hall Boulevard. Transportation Analysis for Pacific Realty Associates and The Koll Company, Mackenzie Engineering Incorporated, December, 1988 and update March, 1989. This study was performed to determine if the area transportation system could accommodate the proposed development. It was determined that the system could accommodate the proposed project with certain improvements in place. These improvements included some internal site improvements as well as widening Upper Boones Ferry Road to five lanes between the I-5 overpass and the "project road" intersection, providing an additional right-turn-in-only access to the project to reduce traffic entering the "project road" intersection with Boones Ferry Road and widening Upper Boones Ferry Road at the I-5 overpass to provide a right turn lane for southbound I-5 traffic. Some additional restriping was also recommended. It should be noted that the additional right-turn-in-only access was not constructed. Tigard Transportation Systems Study March 28, 1995 Draft Existing Conditions 2 P94126-0 UKCASTER ENGINEERING mom Conclusions The intersection of Highway 99W with Dartmouth Street is expected to operate at or near capacity for Year 2003 background plus site-generated traffic conditions. As other development occurs in the immediate area of Tri-County Center, this intersection will probably fail during the evening peak hour. If either the Dartmouth Fly-over or widening of Highway 99W occurs, there should not be a capacity problem at either the intersection of Highway 99w with Dart mQ~ h S PPt car t_ 72nd &&nue for the foresee- able future Wi out either of these improvements, levels of service will most likely ~eOE& to , or further development will be restricted. a a.r.-.cw...x.a.-r..n..u. a,.xr.:z.m:~.z.; ,..y~:ar:u.-c Proposed Mitigations As was previously discussed, 72nd Avenue will be widened to its ultimate width as a five-lane facility with the development of the Tri-County Center. Additionally, traffic signals should be installed at the intersections of Dartmouth Street with 72nd Avenue and with 681 Parkway. Although signal warrants will be met at the two drive- way intersections on Dartmouth Avenue, there is expected to be level of service E at these driveways. Because of the proximity of the driveways to the 72nd Avenue inter- section, some queuing may occur west of 72nd Avenue which would partially Clock the eastern driveway for part of each signal cycle. With this in mind, it is recommended that traffic conditions be .monitored for a period of time after completion of the center to determine -the necessity for traffic signals at one or both driveway intersections. With construction of the Dartmouth Fly-over, increased traffic volumes on Dartmouth will necessitate traffic signals at the driveways. -28- A STEM ENGINEERING LEVEL OF SERVICE . Level of service is used to describe the quality of traffic flow. Levels of service i A to C are considered good, and rural roads are usually designed for level of service e C. Urban streets and signalized intersections are typically designed for level of service I U. Level of service r- is considered to be the limit of acceptable delay. For unsignalized intersections, level of service E is generally considered acceptable. Mere is a more complete description of levels of service: Level of service A: Very low delay at intersections, with all traffic signal cycles clearing and no vehicles waiting through more than one signal cycle. On highways, low volume and high speeds, with speeds not restricted by other vehicles. Level of service R: Operating speeds beginning to be affected by oilier traffic; short traffic delays at intersections. Higher average intersection delay than for level of service A resulting from more vehicles stopping. f Level of service C: Operating speeds and maneuverability closely controlled by I other traffic; higher delays at intersections than for level of service B due to a signifi- cant number of vehicles stopping. Not all signal cycles clear the waiting vehicles. This i is the recommended design standard for rural highways. Level of service- U: Tolerable operating speeds; long traffic delays occur at in- tersections. The influence of congestion is noticeable. At traffic signals many vehicles stop, and the proportion of vehicles not stopping declines. The number of signal cycle failures, for which vehicles must wait through more than one signal cycle, are noticeable. This is typically the design level for urban signalized intersections. Level of .service E: Restricted speeds, very long traffic delays at traffic signals, p~ I and traffic volumes near capacity. Flow is unstable so that any interruption, no matter how minor, will cause queues to form and service to deteriorate to level of service F. cry Traffic signal cycle failures are frequent occurrences. For unsignalized intersections, I level of service E or better is generally considered acceptable. H Level of service F. Extreme delays, resulting in long queues which may inter- fere with other traffic movements. There may be stoppages of long duration, and speeds may drop to zero. There may be frequent signal cycle failures. Level of service F will typically result when vehicle arrival rates are greater thalr capacity. It is considered unacceptable by most drivers. I Y.~. Y Metzger Park Hall r' zs 8400 S.W. Hemlock Street ' Portland, OR 97223 ' (503) 246-0998 March 13, 1999 Washington Square Regional Center Task Force c/o Laurie Nicholson, Planner City of Tigard 13125 SW Hall Blvd. Park Hall & Tigard, OR 97223 Kitchen Rentals Task Force Members: Parking The Metzger Park LID Advisory Board (the "Board") has been informed by the CPO #4 representative on the Task Force, that a preliminary proposal to.include Metzger Park within the Regional Center boundary has been dropped. The members of the Board support the position of Metzger Park NOT being part of the Regional Center. The Board Picnic Grounds supports the eastern boundary at Greenberg Road as originally proposed by Metro, not at Hall Boulevard as proposed by the City of Tigard's addition to the study area. The Board believes the boundary as proposed by the City of Tigard would adversely effect the character of Metzger Park and the surrounding neighborhood, as would the inclusion Children's of the Park within the Regional Center boundary. Play Area We would like this letter included in the record of the Task Force. If you have any questions or would like to discuss further, any aspects of this issue, Tennis Courts please contact me through the Park office or at 735.8603. Basketball Sincerely, Hoops y Mike Donovan, Chairman y Metzger Park LID Advisory Board Horseshoe Pits Cc: Tom Brian, Chairman Open .Spaces S. Washington County Board of Commissioners Rooded Areas Roy Rogers, District 3 Commissioner a Washington County Board of Commissioners Elaine Cogan, Cogan Owens Cogan Consultants Larry Eisenberg, Manager Washington County Facilities Management a . a aid} a v~+iY~takaEa .t: S ~ ~ z r ~ ~b#~~ Yr:b St!~ tl g 1Ietttt .ilCait o U.S. detJt,# dr iite drug th3# otim yrtst,lcJ3 the Choice o€ 'r tnt?dtt• zC d#ii);#iffll as trrps,seti to sulgety, thas ddtt~ d~k31C1(31; Utbc~tt~'~yg'. >a Y ° i i I little to tulfp)plyadomi the ~`cme Hi~tyty -4 JAN0,AWY )0 MANAGING EINTOR/ ~AS - WRIKO A 6:8 A E ON ARE FMLAMD HILLS FAULT hjcutt"_tica! ma pliiud. 6.8 eai thquake san the Poaland Neil:; Fault would marp chop tit tt, re faults that mo twneath th€ area th, t are potential haw th" most effect on the overlying k'est tliils, according to this map teat po ucers of earihyrlakes. iiuw in Aided ,round-,ha king levels based on the soils at the surface. The lk~ 7 ZTt+ ~ r Szy' ~ ~ 'l •T ~ 5 `%r. c5 I r ~ N r - f ~t." Vii; ~h2 _ Y '~'.~`F vr~~ ~ ~ ~ -~~c~. ~J~ ~'...ii i 1 4 v K- v' " ra t tai lytii t ~ a 4 -'~I4i ~ -'7tr~~ N~• ~.th ~'~4~"~ ,r~M! ~ :W 'e ~ ~i~F ar3 y. .~.-tf~ ~s. frwi-JII ik' ~3 C ^2 en r, CX I e~ Oil ir,.n' ~'s thr'ownrail o! I ^a,iawaasa a.p ~ _ } ,t} 54t i amt I ul! - MOLLY SWISHER/THE OREGONIAN O Adak, dimak Moak arm mv~=P4 111us iatc auu,"arios it Ernmortiamnad fault ahctb UP The West Hills would bear the btunt of the jolt, research says By RICHARD L. NIL` THE MAPS $9 billion in property damage. THE OREGONIAN Wong said a new two-year study of the Thousands of Portland-area residents - Portland Hills Fault will begin in a few could get an unexpected, violent jolt if a Earthquake maps are available from weeks. The research will include digging moderate quake strikes along a fault that the Nature of the Northwest store, 800 NZ Oregon St" No. 5, Portland, a trench across the fault to see whether it dips under the West Hills. has generated earthquakes in the past. OR 97232;503-8724750;or at Another ma shows what ground- Scientists released new maps Monday www.naturenw.org. Prices vary de p that show the amount of ground shaking might occur Portland from a a pending on lire map or collection of magnitude 9.0 earth uake occurrin on shaking the Portland area would expert q g ence if a magnitude 6.8 quake hit along maps' the Oregon coast from the Cascadia Sub- the Portland Hills Fault. The fault runs at duction Zone. The zone is where two the base of the West Hills, parallel to the tectonic plates collide and are thought to Willamette River. ii We're d 00 percent be locking up, eventually resulting in an The map, which shows the ground- earthquake. shaking potential from the soils at the confident that a subduct'lon- Researchers in recent years have surface, indicates the West Bills would zone quake MY occur found evidence that the zone has pro- receive the most shaking in the quake if duced huge earthquakes and tsunamis scenario, agar in the past, including the last one - a "The West Hills not only sits right on magnitude 9 earthquake on Jan. 26, top of the fault, but also is covered by a IVAN O. WONG, 1700. The map indicates that shaking thin layer of soil," said Ivan G. Wong, a SEISMOLOGIST, URSGkEINER WOODWARD would be strong in the Portland area but seismologist with URS Greiner Wood- CLYDE FEDERAL SERVICES probably would cause light damage. ward Clyde Federal Services in Oakland, ♦ "We're 100 percent confident that a Calif., which developed the maps. "The subduction-zone quake will occur thinner the soil layer, the worse the shak- cur there. "Our scenario uses a middle- again," Wong said. ing." of-the-road earthquake - it might not A magnitude 6.8 quake on the Port- No definitive evidence exists that any be the worst that can occur, and we're land Hills Fault would last 15 to 30 sec- of the three faults that underlie Portland not saying it can't be smaller." onds, while a magnitude 9 subduction- can produce a magnitude 6.8 quake - A study released two years ago, using a zone quake would last three to five min- or any earthquakes. But because past re- similar scenario of a magnitude 6.5 utes, search has hinted at some activity along quake on the Portland Hills Fault, esti- The maps, which took four years to the faults, Wong said he has about "80 mated that such an event would result in produce, do not indicate how a specific percent confidence" that quakes can oc- 39 deaths, more than 2,500 injuries and Please see QUAKE, Page C9 ®3Porffand .uua faults found recently Continued from Page Cl from the fault that have thicker, more consolidated soils still would structure is going to respond in an earthquake but provide people experience strong shading and with a general assessment of the damage. damage they can expect in certain types of earthquakes. Scientists used "peak horizontal acceleration," a force expressed in State geologist John D. Beulieu percent of the force of gravity, to said he hopes the public, engi- measure the side-to-side move- neers, emergency managers and ment of the ground. The higher the land-use planners will use the acceleration, the more intense the maps to reduce earthquake haz- shaking. According to the map, the ards. peak acceleration in the West Hills Scientists have identified three could be 100 percent the force of 7 faults beneath Portland in recent gravity, which would mean severe years: the East Bank Fault, the shaking in which loose objects Portland Hills Fault and the Oat- could be thrown into the air. The field Fault. The faults, which run maps translate the peak accelera- parallel to one another, are about tion into the Modified Mercalli 11/2 miles apart. Scale, which indicates the intensity of the shaking. The East Bank Fault on Port- land's east side underlies Central The Portland area has been hit Catholic and Benson high schools, with six earthquakes of magnitude Uoyd Center, the Oregon Conven- 5 or greater in its 150-year history. tion Center, the Rose Garden are- The most recent quakes to cause A na, Mocks Bottom and the Univer- damage in Portland were a magni- sity of Portland. tude 5.5 quake in 1962 and the , The Portland Hills Fault runs magnitude 5.6 Scotts Mills quake from the northern edge of Forest in 1993. Park, goes along the foot of Port- land's West Hills and beneath Port- The geology agency will release land State University, crosses the on Wednesday 28 earthquake- Willamette River and heads south- hazard maps that cover 48 com- east to Milwaukie. munities. Previous maps which f show the potential hazards from The third fault runs west of Sky- quake-caused landslides, liquefac- line Road from Sylvan Hill to Ger- lion and ground-shaking, have mantown Road through Bonny been released for the Portland area Slope. and nine coastal communities. The r The map showing the quake new maps cover communities tr.; scenario on the Portland Hills Fault from Scappoose to Roseburg. indicates that violent shaking would occur throughout the West Hills, with buildings sustaining You can reach Richard Hill at considerable damage. Downtown 503-221-8238 or by e-mail at rich- Portland and other areas away ardhill@neius.oregonian.com. 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