The URL can be used to link to this page

City Council Packet - 03/27/1989 AGENDA UPDATE — COUNCIL MEETING OF 3/27/89 o STUDY SESSION: AGENDA REVIEW j 1. BUSINESS MEETING: Call To Order and Roll Call ALL CC PRESENT Call To Staff and Council For Non—Agenda Items NONE 2. VISITOR'S AGENDA: John Smets -expressed concerns with PacTrust single-owner LID noting he felt inaccuracies had been presented. Ea/Sc UA - Motion to reschedule Item 4.8 to 4/10/89 for separate review. Ann Turner - noted concerns with development plans for Cotswald IV Development. She will be meeting with staff on 3/30 for review of comp. plan amendment process. Leon Hartvickson of PacTrust refuted testimony from Mr. Smets with regard to statement that inaccuracies for Item 4.8 had been presented. Byron Darr noted he was in favor of surplus of City Ppty (Item 4.11) 3. MAYOR'S PROCLAMATIONS: a) FAIR HOUSING MONTH and b) ARBOR WEEK 4. CONSENT AGENDA: 4. 1 Approve Council Minutes: February 13, 1989 4.2 Recess Council Meeting; Convene Local Contract Review Board (LCRB) Meeting: a) Authorize Contract for McDonald Street Bike Path Construction; b) Approve Acquisition of Gaarde Ppty. for S.W. Gaarde Street: Bond Project; c) Approve Acquisition of Douglas Property for Summerlake Park; Adjourn LCRB; Reconvene Council Meeting. 4.3 Initiate Pedestrian Access Easement Vacation — Cotswald Meadows No. 3 -- Resolution No. 89-17 4.4 Initiate Street Vacation — S.W. 66th Avenue — Res. No. 89-18 4.5 Authorize Community Development Director to sign Quit—Claim Releasing City's Interest in Portion of the Pinebrook Sanitary Sewer Easement. 4.6 Authorize Issuance of General Obligation Bonds for Purpose of Financing the Rehabilitation & Construction of Certain Roads — Res. No. 89-19 4.7 Support Adoption of Senate Joint Resolution 10 Providing for a Constitutional Amendment to Allow Local Regulatory Control Over Adult Businesses and Activities — Resolution No. 89-20 4.8 Authorize Preparation of a Preliminary Engineer's Report for the Proposed PacTrust Local Improvement District — Resolution No. 89— Set over to 4/10/89 for separate review. 4.9 Request Washington County Dissolve Existing Drainage Local Improvement Districts within the City of Tigard — Resolution No. 89-21 4. 10 Consent to Creation of a Regional Drainage Authority (Unified Sewerage Agency) -- Resolution No. 89-22 and Resolution No. 89-23 4. 11 Declare Certain City Real Properties Surplus and Authorize to Sell Resolution No. 89-24 and Resolution 89-25 /D/KA UA wIg.Bremovni 5. CONSIDERATION OF PARKING RESTRICTIONS ON SW 135TH AVENUE — ORDINANCE NO. 89— AND ORDINANCE NO. 89— Jo/Sc UA - Motion directing staff to redraft and combine proposed r ordinances into one ordinance reflecting that "No Parking" to be as shown on map entitled "After July 1st"; effective date to be 5/1/89 COUNCIL AGENDA — MARCH 27, 1989 — PAGE 1 6. PUBLIC HEARING - CITY CENTER DEVELOPMENT PLAN AND REPORT Council to consider Ordinance adopting the City Center Development Plan and a Resolution accepting the City Center Development Report on the Plan. o Public Hearing CC to consider proposed ordinance and resolution on 4/10/89 7. PUBLIC HEARING - SITE DEVELOPMENT REVIEW - SDR 88-25; MINOR LAND PARTITION MLP 88-16; VARIANCE V 88-39; GRABHORN/CE.NTRON NPO #7 City Council review of Planning Commission's approval with conditions of a Minor Land Partition and Site Development Review to divide the 35.39 parent parcel into parcels of 17.03 and 17.56 acres and to construct a 266 unit apartment complex on the 17.83 acre site. Also, approved were variances to allow a single driveway access where two or three accesses are required and to allow a 20-foot setback from the eastern property line where 30 feet is normally required. The complex would be located on both sides of Summer Creek . Zoning: R-25 (Multi-family residential, 25 units/acre) . Location: East of S.W. 135th, south of Scholls Ferry Road (WCTM 181 3308, Lot 300��rrng o Public Jo/Sc UA - Motion that right-of-way on Scholls Fy. be conditioned to minimum amt required by ODOT; S.W. 130th right-of-way be limited to 1/2 street improvements; and noted applicant agreed to Planning Commission conditions for right-of-way on S.W. 135th. Jo/Ea - Passed by majority; Ed & Sc voted Nay. Motion to support staff recommendation to require public east-west street noting preference for circuitous route. Final order draft to be presented to CC on 4/10/89 for consideration 8. PUBLIC HEARING - SWANSON'S GLEN UTILITY EASEMENT VACATION Consideration of a proposed vacation of a public utility easement within Lot 62, Swanson's Glen, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by the City Council on February 13, 1989, at the request of Titan Properties, Inc. o Public Hearing o Consideration By Council: Ordinance No. 89-10 - Sc/Jo UA 9. PUBLIC HEARING - TECH CENTER BUSINESS PARR EASEMENT VACATION Consideration of a proposed vacation of a public utility easement within Lot 2, Tech Center Business Park, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by the City Council on February 13, 1989 at the request of the International Land Corporation. o Public Hearing o Consideration By Council: Ordinance No. 89-11 - Sc/Jo UA 10. PUBLIC HEARING - 88-89 SUPPLEMENTAL BUDGET Public hearing on the approved Supplemental Budget for the City of Tigard for the 1988/89 Fiscal Year. o Public Hearing o Consideration By Council: Resolution No. 89-26 Sc/Jo UA 11. NON-AGENDA ITEMS: None 12. EXECUTIVE SESSION: The Tigard City Council went go into Execu,,ive Session at 12:16 a.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 13 . ADJOUkNMENT: 12:25 a.m. cw/9323D TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS AGENDA CATV sign-up sheet(s). If no sheet is available, MARCH 27, 1989, 5:30 P.M. ask to be recognized by the Chair at the start TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are 13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters • TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor.or City Administrator. 5:30 •. o STUDY SESSION 7:30 1. BUSINESS MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items 2. VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please) 3. MAYOR'S PROCLAMATIONS: a) FAIR HOUSING MONTH b) ARBOR WEEK 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes: February 13, 1989 • 4.2 Recess Council Meeting; Convene Local Contract Review Board (LCRB) Meeting: a) Authorize Contract for McDonald Street Bike Path Construction; b) Approve Acquisition of Gaarde Ppty. for S.W. Gaarde Street Bond Project; c) Approve Acquisition of Douglas Property for Summerlake Park; Adjourn LCRB; Reconvene Council Meeting. 4.3 Initiate Pedestrian Access Easement Vacation - Cotswald Meadows No. 3,.- Resolution No. 89- 4.4 Initiate Street Vacation - S.W. 66th Avenue - Res. No. 89- 4.5 Authorize Community Development Director to sign Quit-Claim Releasing City's Interest in Portion of the Pinebrook Sanitary Sewer Easement•,, 4.6 Authorize Issuance of General Obligation Bonds for the Purpose of Financing the Rehabilitation and Construction of Certain Roads Resolution No. 89- 4.7 Support Adoption of Senate Joint Resolution 10 Providing for a Constitutional Amendment to Allow Local Regulatory Control Over Adult Businesses and Activities - Resolution No. 89- 4.8 Authorize Preparation of a Preliminary Engineer's Report for the Proposed PacTrust Local Improvement District - Resolution No. 89- 4.9 Request Washington County Dissolve Existing Drainage Local Improvement Districts within the City of Tigard - Resolution No. 89- 4.10 Consent to Creation of a Regional Drainage Authority (Unified Sewerage Agency) - Resolution No. 89-_ and/or Resolution No. 89- 4.11 Declare Certain City Real Properties Surplus and Authorize to Sell - Resolution No. 89- 5. CONSIDERATION OF PARKING RESTRICTIONS ON SW 135TH AVENUE - ORDINANCE NO. 89- AND ORDINANCE NO. 89- 6. PUBLIC HEARING - CITY CENTER DEVELOPMENT PLAN AND REPORT Council to consider Ordinance adopting the City Center Development Plan and a Resolution accepting the City Center Development Report on the Plan. o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Ord. No. 89-_ & Res. No. 89-_ 7. PUBLIC HEARING - SITE DEVELOPMENT REVIEW - SDR 88-25; MINOR LAND PARTITION MLP 88-16; VARIANCE V 88-39; GRABHORN/CENTRON NPO N7 City Council review of Planning Commission's approval with conditions of a Minor Land Partition and Site Development Review to divide the 35.39 parent tr'r parcel into parcels of 17.83 and 17.56 acres and to construct a 266 unit apartment complex on the 17.83 acre site. Also, approved were variances to allow a single driveway access where two or three accesses are required and to allow a 20-foot setback from the eastern property line where 30 feet is normally required. The complex would be located on both sides of Summer CCreek. Zoning: R-25 (Multi-family residential, 25 units/acre). East of S.W. 135th, south of Scholls Ferry Road (WCTM 1S1 3308, Lot 300). o Public Hearing Opened o Declarations Or Challenges o Summation By Community Developmentta � Cross Examination o Public Testimony: Proponents, OpponSf o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o ConsideratioR Council: Motion to direct aff to containing Council findingson consideration prepare April Order10, 1989. 8. PUBLIC HEARING - SWANSON'S GLEN UTILITY EASEMENT VACATION Consideration of a 'proposed vacation of a public utility easement within Lot 62, Swanson's Glen. a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by the City Council on February 13, 1989, at the request of Titan Properties, Inc. o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff Cross Examination o Public Testimony: Proponents, Opponents, o Recommendatiop By Community Development Staff o Council Questions Or Comments o Public Hearing Closed • o Consideration By-Council: Ordinance No. 89-__ 9. PUBLIC HEARING - TECH CENTER BUSINESS PARK EASEMENT VACATION Consideration of a proposed vacation of a public utility easement within Lot 2, Tech Center Business Park, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by the City Council on February 13, 1989 at the request of the International Land Corporation. o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Ordinance No. 89- 10. Public hearing on8 theS approved ASupplemental L BUDGET; S0Budget fo8 r the City of Tigard for the 1988/89 Fiscal Year. o Public Hearing Opened o Declarations Or Challenges o Summation By Community' Development Staff o Public Testimony: Proponents. Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Resolution No. 89- 11. NON-AGENDA ITEMS: From Council and Staff 12. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the .provisions of ORS 192.660 (1) (d), (e), 6 (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 13. ADJOURNMENT cw/9323D I TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684-0360 nesEitrI ti 7 BEAVERTON,OREGON 97075 Legal Notice Advertising MAR 27 1989 • CITY OF TIGARDe 0 Tearsheet Notice Mit/©r WARD PO BOX 23397 • TIGARD, OR 97223 • 0 Duplicate Affidavit AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. 1, ELAINE PETROGEORGE being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the TIGARD TIMES a newspaper of general circulation defined in ORS 193.010 and 193.020; published at TIGARD in the aforesaid county and state; that the PUBLIC NOTICE a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for FIVE successive and consecutive in the following issues: FEB. 23, 1989 MARCH 2, 9, 16 & 23, 1989 Subscribevockto before me this MARCH 24, 1989 N IV Public for Oregon My Commission Expires: 9/20/92 NOTICE 0 - # roc 61: o`# +, ,N°LOT 62 AFFIDAVITf• VACA OF-• 8 I � rEASEMENT •'TheTigard City Counclt will hold a public h�,�Ci+ici ,on Md iyr; P 4 27, x1989,at 7 30 p.rn..at T .rd Civic Cehter'.Ta m :13i 5 ' Boulevard,Tigard. Oregon to consider the p `"vflc od bila; It tir•rl yiitiiiii 1.0t YSV7 n on e r Y x'oh F •r ary , 8': t U �• r C 1, .• `� � C341.1.k" \ - t a a r t ,.14x.:° a 4 a..t-r ti: n �a d �!' .. j• cg�;,b.'Y� i1. 3�;e� ,.-E�%�4, ..h.. ,.9u`.4(.ifc',.rr. .'k,#f;i"`;; eft TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684-0360 Notice 7_6869 BEAVERTON,OREGON 97075 RECEIVED Legal Notice Advertising '� 1989 • 0 Tearsheet Notice MAR 2 • CITY OF TIGARP WI Cr;TIE.V.D Po BOX 2339? ° TIGARD, OR 97223 • 0 Duplicate Affidavit o • AFFIDAVIT OF PUBLICATION The following selected,agenda•tams of a published for your information. STATE OF OREGON, ) . Further information and full agendas may be obtained from the City Recor- COUNTY OF WASHINGTON, )ss' der,13125 SW Hall Bled,Tigard,,Oregon •97223,.or:-by calling 639.-4171 . ELAINE PETROGEORGE CITY:yCOUNCIL REGULARLAR MEET 'MARCH 27,1989 I 5:30 PM.Study Session 7:30 PM Regular Meeting being first dulysworn, depose and sa th t I am the Advertisin P Y 9 TIGARD CIVIC CENTER,<TOWN HALL`; Director,or his principal clerk,of the TIGARD TIMES 13125 SW HALL BOULEVARD,TIGARD OREGON a newspaper of general circulation as defined in ORS 193.010 .proclamations ; and 193.020 r ublished at TIGARD in the Fair Housing Month aforesaid county and state;that theArbor Week PUBLIC. NOTTCE •Public Hearings: _ : a printed copy of which is hereto annexed, was published in the City Center,Development Plan and Report Swanson's Glen Utility Easement Vacation entire issue of said newspaper for ONE successive and Tech Center Business Park.Easement Vacation consecutive in the following issues: 198$1989 Supplemental Budget :;' „ ,z Grabhorn tsCentron)SDR 88-25,MLPr88-16.and V 88 39.(Councils Review: MARCH 23, 1989 ,. F ,Right-of way;dedication requirements along I35th Avenue,Scholls Ferry # Road,and:A130th Avenue frontages;:and reconsider.deletion off;the local public street.) • .. ,, ,c5),,,,,'r . .• Consideration of Endorsement;of Unified Sewerage Agency as the Region= al Surface Water Management Authority..,.. ,.,, .. .. �+. t •Consideratipn of Ordinance for Parlung ResMctions on SW13thAvenue "�.x 2-4 er�1 Executive Session wader theprovisions of ORS I9�660(1)(d) (e),&(h) to duct(• lit f,,rel8lfions, real groperty=transactionsx;andtcurrent and MArch 24 1989 s :` Subscribed•a before me this � ,pending'llBgaUoTrilssu�es.� � `� • •Local Contract�Rev�ewsBoard Kl ing. ` ` / , / . •twat: r r r z%. z rf:s ti T n?( q 4. "tri•—a', t �/�1 1/,� )V"V T'r6869 :Pu March X•3,1989• SS Nry Public for Oregon —'�` My Commission Expires: 9/20/92 AFFIDAVIT TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684-0360 Notice'-6859 BEAVERTON,OREGON 97075 Legal Notice Advertising RECavED • CITY OF TIGARD • 0 Tearsheet Notice MA R p 0 198J • PO BOX 23397 • ❑ Duplicate Affidavit env[�TIGARD TIGARD, OT 97223 ARD AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) )55. PUBLIC•HEARING. . ` COUNTY EOPETROWASHIGEORGE •_The following will b cgnsi.dered_y h e„Tigafl'City.Council on March 27, ELAINE PETROGEORGE b I, ,x1989 at>T;3Q p.m.�>"Tigard Civic Town•1Ia11:Room,.13125 SW Arlt being first duly sworn, depose and say h t dvertising •:Boulevard,Tigard,Oregon.•Further information may be obtained from,the Director,or his principal clerk,of the II Community Development Director or City Recorder.at the saanetilo ion or a newspaper of general circulation as defined in ORS 193.010 by calling 639.4171 You-are invited to submit writte,testimony,in,�advance and 193.020; published at TIGARD in the .•of the public hearing,.,wr ttten and.oral testimony co edered at the aforesaid county and state;that the hearing.Failure to raise an is•sue lit person or by letter p' � tides an apl� SITE DEVELOPMENT REVIEW NOTICE and failure to specify the criterion frons tha'Commu„�►'it ,.Development Code . or Comprehensive Plan'at whichi a commenttiOgdi ted precludes an a printed copy of which is hereto annexed, was published in the appeal based on that criterion The public hearing willheconductedtin ONE accordance withithe applicable Chapter-18 32 of�c �ard MunIIpal•Code entire issue of said newspaper for successive and and•.any=rules of'procedure adopted by the Counciy and av la le at City consecutive in the following issues: gall4- v r viii k fr ;� t, .•, v 4$ *'r SITE DEVELOPMENT REVIEW SDR 8825,MINOR LAND PARTITION MARCH 16, 1989 MI,P=8816,"VARIANCE;,V 88.39gGRABHOItN/CENTRONz � ` Council islipulling up fo review P1lanrllng,Commissiona aNp,r val., th conditions�of�a Minor Land�Par`tition an bite veelopme ,R wto AI "divide the 35{39 parent parcel into�parceb `l7 83?an 17:56,a• o constru7,1,,t-a_ 266 unit apartment complex on the,17.83 acre'Slt M O,'p� '.,1 �i �'0 �` proved ee v�,a1ances4to allow�a,single drivewayJ<acce � �vvogor i ` •_ .three acrs ilii uired and to allow a}?9 foot setb ck frena e'eastern propertyaline where 30 fejet{ls normalcy rewired„Ttipoi,nipiear ould ,r scribed and sworn to ore me this MARCH 17, 1989 ;locate'd on tilt sides o Summer Creekrz6-iit R 25`(Multi=famil `i'� ;,%. tial init"s/acre)` .•:i of East of SW 135th,south of SchollS Ferry Rohl, (WCTMt�'1S11,33DB�.�,,k l,ot , 1?,fi �k s rlc ,All, T 1858k� Pub`�March �S? `r y r x rxt ;};�� NOtar hC for Oregon c � ;; rrdRe r 1 r `iC -. .J J.{t4d" q"' b 1 ,c C .r i'r; r ., i� r .5 R�5 f.::. ll My Commission Expires: 9/20/92 ... ,_-. ._. T- Y AFFIDAVIT C ,. C TIMES PUBLISHING Co® ANY No c'e 7-6856 P.O.BOX 370 PHONE(503)684-0360� BEAVERTON,OREGON 97075 Fa erEIVED Legal Notice Advertising MAR 2 2 1989 • 0 Tearsheet Notice CITY OF TICS • CITY OF TIGARD PO BOX 23397 • ❑ Duplicate Affidavit • TIGARD, OR 97223 • • AFFIDAVIT OF PUBLICATION STATE OF OREGON, )ss COUNTY OF WASHINGTON, ) being first duly sworn, depose and say thatan_uxII am the Advertising Director, or his principal clerk, of the "' a newspaper of general circulation as defined in ORS 19,n0he and 193.020; published a aforesaid county that theL NOTICE a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ON successive and consecutive in the following issues: u4' 1. 1'8' II -` - �," 4. -, Subscri• rd swornto re me thi MARCH 17, 1989 I. No 4,1 ublic for Oregon p My Commission Expires. 9/'20/92. • s ,r is .'A°';r x„_,{" { ;, I, AFFIDAVIT to C . , f,. ,. 4.. 4 ,,' l 1 ii t ° !'� 9.s,fg �r . lrl ,r4;.:; • 1 11+ I, I1 t ''''M'''�,•' , a l r , r r r, teV .. 1 i j 1,TM w. the `x. ';r ,. r '---. ...w t_ K r - �l&r,'7::. r .d H V , 1 ,i�4-y S Y! 1.1 t , xl y 2v~ + *t, ll:, r Lfy ., k-4-..- Yfy+ ^+,'c4q^ fry '`Y y 1 -}f er $ ` r... r�''..T•F r 1 wt7"':a 1 1 �?.a,1 s$�1.� J i � ..drr { ,., ,r QA r q 1 1 qr,, n ♦.+,r. �+y ,��.@,i f'�C S r , q Sw, o�1 e '3ti::,.._,,-,*,,,,,,,,, ,,,K.:.,,,,,,,,,,,,.„,...,,,..„..,,,„, 11 t ,<.' .f 11 , � '" t 111t. ., . .. * •��rz i r r, t r'kr'4+P Y�,p' .4711S1 � Y{J-Gl,''� .l I2,04-.;4 v .' -t. qA i/ , "S S ,t'1 .`fy n-. ';,"%t-c-, s I til 14,1„4-:_ ��.*.;,.,;�'�`",i, t, � + r 3c -, � .t�.x�b��,i'-?}s,{h, ,e��.�� .- ;y;''d.,,<: C • TIMES PUBLISHING COMPANY Legal 7_6838 P.O.BOX 370 PHONE(503)684-0360 Notice BEAVERTON,OREGON 97075 ..eta9"a Legal Notice Advertising 3 • • 0 Tearsheet Notice MAR 2 1989 CITY OF TIGARD CM Wile° • PO OBX 23397 • 0 Duplicate Affidavit TIGARD, OR 97223 • • AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss. 1, ELAINE PETROGEORGE being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the TIGARD TIMES a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at TIaARn in the aforesaid county and state;that the PUBLIC NOTICE a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for FIVE successive and consecutive in the following issues: FEB. 23, 1989 MARCH 2, 9, 16•., 7 23, 1989 • Subscrib an sw to before me this MARCH 24, 1989 • 46- ary Public for Oregon My Commission Expires: 9/20/92 AFFIDAVIT -- Y )1 Y . Ye'c�ir7y'k 'e c .f'4 r { d OTI .F 11 Kive . 1.1.41ti3;i7< w 3 r 1 iikn *)1'.."!7t s �t .�sr�gp x Y • { �{.;��st.J-'y�:. ^+ 1 .e u 1 x 41)11%404 1 P"•� , 4,4 F+ S_}fa Vr'�"r ; v4,t•:L3 L 0 41^ t'i'l'1, t l 'f ` � ,; 1.N ' \ 1�N. �. d r�'.}� , 3 E •,:t, t It�<j''t` ,�'..{t ° moi. t=•r Jj tS Y .; 1 M II ��( A�'':•FN V flj hl icy411! itS#: 1 fiv+ •�.' z f� d{ T t s ,{p�i 7,..'S,,, c 1 1Yr 11Et'�{ ..�•:,�F 1�J t 71 f.rfl 'Yk'CF r zr2# i.i 1 j�! t'1 r d�� ,'�'�'•rl S' S.-r� re-� . •,.!1 1� l a t��+.g. � �• s, {'}�,,� ,yam` r it .Z4&F'tl t};iS� tt,iry ff 17.9.40:1Afrit.F'#� � Irt 21:1 t „ '6.� ^' k, tyy 1 �1 �tn t t, ■ y ' T I GAR D CITY COUNCIL 4 REGULAR MEETING MINUTES - MARCH 27, 1989 - 5:30 P.M. ROLL CALL: Present: Mayor Jerry Edwards: Councilors: Carolyn Eadon, Valerie Johnson, Joe Kasten, and John Schwartz (arrived at 6:40 p.m. ); City Staff: Pat Reilly, City Administrator; Keith Liden, Senior Planner; Ed Murphy, Community Development Director; Liz Newton, Senior Planner; Tim Ramis, Legal Counsel ; Catherine Wheatley, Deputy City Recorder; and Randy Wooley, City Engineer. 1. STUDY SESSION: City Administrator reviewed several agenda items, including the following: o Agenda Item 4.8 - Authorize Preparation of a Preliminary Engineer's Report for the Proposed PacTrust Local Improvement District. Mr. John Smets, an adjacent property owner who may be affected by the proposed LID had expressed concern to staff over the LID formation. City Administrator advised that Mr. Smets and some of employees planned to speak to Council during the business meeting. Council consensus was to receive limited testimony from Mr. Smets at this meeting. In order to allow further opportunity for testimony, Council agreed this item could be postponed to the April 10, 1989 Council meeting. o Ann Turner had contacted staff and advised she would be addressing Council during the Visitors' Agenda concerning a possible development proposal at Cotswald No. IV. o Proponents and opponents for the 93rd Avenue Local Improvement District proposal may be present to discuss extension of the deadline for the preliminary engineer's report. Should no proposal be forthcoming at this meeting, the proponents would have to begin again with the LID process should they wish to proceed. Council consensus was to not extend the deadline on the 93rd Avenue LID preliminary engineer's report. o City Administrator noted that on Item .6 of the Consent Agenda (Authorize Issuance of General Obligation Bonds for Purpose of Financing the Rehabilitation & Construction of Certain Roads) , the proposed resolution noted bids would be received on behalf of the City for the purchase of general obligation bonds unL.il 10:00 a.m. , Tuesday, April 25, 1989. City Administrator advised the date has been changed; bids would be received until 10:00 a.m. , Wednesday April 26. Exhibit A of the Resolution would be amended to reflect this time change. a City Administrator noted that on Item . 11 of the Consent Agenda (Declare Certain City Real Properties Surplus and Authorize to Sell) the notice requesting sealed bids for the sale of surplus property in the two proposed resolutions would be changed: The first and only publication (newspaper) would be on April 13, 1989. City Council Meeting Minutes - March 27, 1989 1 o Discussion on the 135th Avenue Local Improvement District included an issue on bike paths noted by the Mayor. He had been advised of < litigation concerning bike path legality in the State of Oregon. City Attorney noted he would review the issue and report findings to Council . o Council discussed Agenda Item No. 7, which was the public hearing concerning site development review for the Grabhorn/Centron property. Staff advised two issues were before Council: 1 ) the rights-of-way dedications and 2) the east-west road issue (i.e. , public or private). o City Administrator reviewed Agenda Item No. 6, which was the public hearing concerning the City Center Development Plan and Report. After discussion, it was consensus of Council to receive all testimony at this hearing, close the public hearing, and use the next two-week period before the next Council meeting to review testimony on an individual basis. (Councilor Schwartz arrived at 6:40 p.m. ) Community Development Director reviewed the concept of "tax increment financing" (TIF). Essentially, TIF was a funding mechanism wherein a designated area's increase in assessed valuation over a specified period of time was utilized to fund improvement within that area. At the end of the specified time period (in this case, 15 years) , if the programs have worked as planned, the assessed value for the (_ downtown area would be increased significantly over and above what would have occurred without the implementation of the Development Plan. Therefore, when the area's valuation is returned to the overall tax rolls, the tax rates for all would go down. It was noted that the net affect to the taxpayer was outlined in the Report. There was discussion on the elements contained in the Plan and Report. Councilor Schwartz suggested more emphasis should be placed on the transportation system. Mayor Edwards also noted concerns with some of the proposed public improvments including public restrooms and a town square. Community Development Director noted that 88% of the projects outlined in the Report were street improvements. Senior Planner Newton distributed an "Errata Sheet" which included changes suggested by Council and others at previous public meetings. Community Development Director noted it was important to include all conceivable projects to be funded through TIF. If a project was not listed, TIF would not be available to fund its completion unless first approved by the voters. He further advised that inclusion of a project on the list would not necessarily mean the project would be completed. Mayor Edwards referred to the importance of voter education on this issue including tax increment financing and the Development Plan implementation process. It was noted the ultimate desire of City Council was to assist business growth in downtown Tigard. City Council Meeting Minutes - March 27, 1989 2 11 2. VISITORS' AGENDA (Note: Several people had signed in to testify concerning S.W. 135th Avenue Parking Restrictions. Mayor directed that a separate sign-up sheet be passed around for all those persons who wished to speak • on this item. An opportunity for public testimony would be given when Council reviewed this agenda item. ) a. John Smets, 6830 S.W. Bonita Road, Tigard, Oregon, noted concerns with Consent Agenda Item .8 (Preliminary Engineer's Report - Proposed PacTrust LID). Mr. Smets introduced family members and his employees who were concerned with possible impacts of the single-owner LID and asked for more time to review the issue. Discussion followed. Motion by Councilor Eadon, seconded by Councilor Schwartz, to remove Consent Agenda Item .8 and reschedule as a separate item on the April 10, 1989 Council Agenda. In response to a question by Councilor Johnson concerning what purpose would be served by a delay, Mr. Smets advised he believed information previously presented to Council by PacTrust was inaccurate. He like to have an opportunity to respond. The motion was approved by a unanimous vote of Council present. b. Ann M. Turner, 11787 S.W. Wilton, Tigard, Oregon, testified she was concerned with potential development on the subdivision identified as Cotswald IV. She noted survey crews had been working on the property. She was worried that three-story apartment buildings may be constructed on this site. During discussion with Council , it was determined that Ms. Turner was scheduled for an appointment with City Staff to review the Comprehensive Plan Amendment (CPA) process. Councilor Eadon requested a summary of the meeting with Ms. Turner and staff be forwarded to City Council. Community Development Director briefly reviewed the CPA process. In response to a question as to whether the property could be "down- zoned," he advised this would require a CPA. Also the be considered was what this change would mean for the current property owner and his expectations for use of this land. c. Leon Hartvickson, representing PacTrust, reported he refuted Mr. Smets' testimony that information presented to Council had been inaccurate. d. Byron Darr, 10665 S.W. Pathfinder, Tigard, Oregon, advised he supported Consent Agenda Item .11 , "Declare Certain Real Property Surplus and Authorize to Sell." 3. PROCLAMATIONS: a. Mayor read into the record a proclamation declaring April as "Fair Housing Month. " He noted the Washington County Community Action Organization administered a Fair Housing Program under contract with the County office of Community Development. They, and other fair housing organizations in the Portland metropolitan area, jointly City Council Meeting Minutes - March 27, 1989 3 • sponsor activities to commemorate this time and educate the public about civil rights and the harmful effects of housing discrimination. Mayor noted it was especially timely that citizens be alerted to the changes in the recently amended Federal Fair Housing Act. The Mayor proclaimed April 1989 as Fair Housing Month in the City of Tigard. b. Mayor proclaimed the first full week of April as Arbor Week, and the last Friday in April as Arbor Day. Mayor noted Orego, was the nation's leading timber-producing state. Trees play an important role in every city by providing shade, clean air, sound barriers, and year-round beauty. The Oregon Legislature has designated Arbor Week/Day as a special time to focus attention on trees and their place in the environment. 4. CONSENT AGENDA: 4. 1 Approve Council Minutes: February 13, 1989 4.2 Recess Council Meeting; Convene Local Contract Review Board (LCRB) Meeting: a) Authorize Contract for McDonald Street Bike Path Construction; b) Approve Acquisition of Gaarde Property for S.W. Gaarde Street Bond Project; c) Approve Acquisition of Douglas Property for Summer Lake Park; Adjourn LCRB; Reconvene Council Meeting. 4.3 Initiate Pedestrian Access Easement Vacation - Cotswald Meadows No. 3 - Resolution No. 89-17 4.4 Initiate Street Vacation - S.W. 66th Avenue - Resolution No. 89-18 4.5 Authorize Community Development Director to Sign Quit-Claim Releasing City's Interest in Portion of the Pinebrook Sanitary Sewer Easement 4.6 Authorize Issuance of General Obligation Bonds for Purpose of Financing the Rehabilitation & Construction of Certain Roads - Resolution No. 89-19 4.7 Support Adoption of Senate Joint Resolution 10 Providing for a Constitutional Amendment to Allow Local Regulatory Control Over Adult Businesses and Activities - Resolution No. 89-20 4.8 Authorize Preparation of a Preliminary Engineer's Report for the Proposed FacTrust Local Improvement District (Set over to 4/10/89 for separate review. ) 4.9 Request Washington County Dissolve Existing Drainage Local Improvement Districts within City of Tigard -Resolution No. 89-21 4. 10 Consent to Creation of a Regional Storm Drainage Authority (Unified Sewerage Agency) - Resolution No. 89-22 and Resolution No. 89-23 4. 11 Declare Certain City Real Properties Surplus and Authorize to Sell - Resolution No. 89-24 and Resolution No. 89-25 Motion by Councilor Johnson, seconded by Councilor Kasten, to approve the Consent Agenda with Item .8 removed for separate consideration on April 10, 1989. The motion was approved by a unanimous vote of Council present. 4 City Council Meeting Minutes - March 27, 1989 4 is • is 5. CONSIDERATION OF PARKING RESTRICTIONS ON S.W. 135TH AVENUE a. City Engineer summarized this agenda item. The staff report noted the policy issue was: "Shall parking be prohibited along the S.W. 135th Avenue LID to prohibit parking along 135th Avenue. Requests have also been received from some property owners to allow parking to continue in certain areas. Included in the Council packet was a report from the City Engineer which provided background information and recommendations that parking be prohibited along portions of S.W. 135th Avenue. Ordinances were presented to Council which would implement the recommendations of the City Engineer. City Engineer's recommendations were: - Parking be prohibited along the east side of S.W. 135th Avenue from Scholls Ferry Road to the second house of Brittany Drive. - Parking be prohibited along the west side of S.W. 135th Avenue from Scholls Ferry Road to the first driveway south of Scholls Ferry Road. - The recommended action would prohibit parking in the area where S.W. 135th Avenue was marked as three lanes, but it would leave on-street parking available along the frontages of the older, single-family residential units. It would also leave parking in the area of the apartments where adequate off-street parking was not yet available. - After July 1 , 1989, parking would be prohibited along the west side of S.W. 135th Avenue from Summercreek to Morning Hill Drive. This would add parking prohibitions along the frontage of the apartment units after providing adequate time for the owners to construct additional off-street parking for their tenants. b. The Mayor called upon persons who had signed-in to testify on this issue: o Teri Wasco, 11591 S.W. 134th Place, Tigard, Oregon, read a statement into the record, noting she had sent out letters regarding this issue and had received several unsolicited responses in return from concerned homeowners. (Ms. Wasco's written text of her testimony has been filed with Council packet material. ) She noted several issues including speeding problems and cars being parked and posted "For Sale" along 135th Avenue. Also at issue was the bike paths -- why hadn't these been constructed as part of the LID? Ms. Wasco asked that the "No Parking" prohibition be implemented immediately (not as proposed for July 1). City Council Meeting Minutes - March 27, 1989 5 o Rhonda Quayle, 11705 S.W. 134th Terrace, Tigard, Oregon, C advised she was very concerned over the bike-lane issue. She noted it was extremely dangerous for bike traffic along S.W. 135th Avnue with cars parked along the street. She asked the record reflect that residents in the area have requested to receive what they have paid for; that is, bike paths. o Herman White, 11935 S.W. Morning Hill Drive, Tigard, Oregon, noted he represented the homeowners in the Morning Hill Subdivision. Mr. White advised that many of his concerns had been articulated by the previous speakers. He noted disappointment over not having bike lanes constructed within the LID improvements. He said the situation was dangerous and advised there were a number of children who lived in the area. He added that parking along S.W. 135th Avenue was a very serious problem. Mr. White pointed out that the apartment owner was an absentee landowner while the people testifying at this meeting were living in the area and should be given consideration. o Russel Head, 11689 S.W. Wilton Avenue, Tigard, Oregon, advised he lived in the Cotswald development and was also a member of NPO 7. He asked that the proposed ordinances be implemented immediately. Mr. Head noted the apartment buildings were compelled to meet certain parking requirements -- on-street parking should not be used for fulfulling any of those requirements. o Herman Jobelman, 11955 S.W. Morning Hill Drive, Tigard, Oregon, agreed there was a great safety hazard with parking on S.W. 135th Avenue. He noted the older homes in the area generally had enough parking room for several vehicles. He advised, that of the various vehicles parked along this street, there was a truck with no engine. c. Council Discussion/Consideration: o Bike Lane Issues - City Engineer advised there were presently bike lanes on S.W. 135th Avenue because there was extra room. It had not been within the LID specifications to pay for the marking of the bike lanes. He noted extra expense would be incurred if the lanes were to be so marked. o Landscaping was to have been minimal with some seeding of areas. There was discussion on the cost for the bike lanes which would also entail ongoing maintenance expense. After lengthy discussion, Council consensus was that the two ordinances should be combined into one ordinance. City Council Meeting Minutes - March 27, 1989 6 Motion by Councilor Johnson, seconded by Councilor Schwartz, to direct staff to prepare an ordinance prohibiting parking, effective May 1 , 1989, on both sides of S.W. 135th Avenue, from Scholls Ferry Road to Morning,Hill Drive. The motion was approved by a unanimous vote of Council present. There was further discussion by Council on the bike lane issue. Council agreed that a safe place should be provided for bike travel . Mayor Edwards advised the audience of the earlier Council discussion (see Study Session comments) concerning bike paths. He reported the City Attorney would review bike lanes as they pertain to state statutes to assure Tigard complies with those requirements. Council consensus was that once the legalities were clarified concerning the bike paths, Council would support striping of the bike lanes in the LID. Councilor Eadon requested staff to review the minimum requirement of 1.5 parking spaces for apartment buildings noting this appeared to be inadequate. (Meeting recessed: 8:35 p.m.) (Meeting reconvened: 8:41 p.m. ) 6. PUBLIC HEARING - CITY CENTER DEVELOPMENT PLAN AND REPORT Council to consider ordinance adopting the City Center Development Plan and a Resolution accepting the City Center Development Report on the Plan. a. Public hearing was opened. b. There were no declarations or challenges. c. Summation by Community Development Staff: Community Development Director advised the purpose of the public hearing was to gather testimony to enable Council to decide whether or not the Development Plan and Report should be adopted. He recommended that public testimony be received at this meeting after which Council would direct staff to make appropriate revisions to the Plan and Report. Adoption of the proposed resolution and ordinance would be postponed to April 10, 1989. The Development Plan was created to: 1) Protect both public and private investment. 2) Create more opportunities for public and private investment. 3) Create an identity for the downtown and the City as a whole. There were many positive elements present in the downtown including its location and some of the business improvements which have occurred over the last several years. Community Development Director noted, however, transportation accessibility (both pedestrian and vehicular) was difficult. City Council Meeting Minutes - March 27, 1989 7 Senior Planner Newton reviewed the history and some of the elements contained in the Plan and Report. She advised that, if Tigard voters authorized the use of tax increment financing, certain projects within a defined geographic area would be eligible for funding. She reported that 43% of the funding for the proposed projects would come from tax increment financing (TIF). Senior Planner Newton advised that 88% of the Development Plan was f.ir the transportation network and the park. The remaining 12% was allocated towards beautification projects. Without the use of TIF, the implementation of the Development Plan would take much longer. With the public sector taking the initiative to implement some improvements, it was hoped that this would send a message to private developers that the city center was a vital area and a good place for business. Senior Planner Newton reviewed several projects and noted how they were defined in general terms. This was necessary because, when using TTF, any conceivable project must be identified at the beginning of the Plan process (for voter approval). She then reviewed the list of specific projects. Senior Planner advised the Report was more specific in describing the projects and information was used for computation of the amount of funding which would be needed. Other funding options were listed which included local improvement district formation and projects wholly or jointly financed by the Oregon Department of Transportation. The concept of TIF was explained by the Community Development Director. He advised the City would not be asking for an additional tax levy, but the TIF mechanism would have an impact on the Tigard citizens. He described the possible impacts both during and after the 15-year implementation period. At the end of the 15 years, the downtown area's assessed valuation would be added back to the total tax rolls. If the assessed valuation in the downtown area increased, then the tax rate would go down. Community Development Director reported the ratio of land:building value was 1 : 1.76. This ratio should be at least 1:4 up to 1:8 for a good, healthy downtown. The assessed value, therefore, was lower than it should or could be. He explained this means that Tigard residents are now paying a higher tax rate than they would have to if the ratio was where it should be for a healthy downtown. d. Public Testimony: Proponents o Louise Shaw, 6735 S.W. Ventura Drive, Tigard, Oregon, noted she supported the proposed Plan. She advised that Tigard lacked a sense of community, with no attractive places to gather for community events or City-sponsored activities. She said it was evident, from the support of the 4th of July activities, that this was a community which wanted to feel and act like a community. City Council Meeting Minutes - March 27, 1989 8 Ms. Shaw said she believed in the necessity of aesthetic improvements as well as residential, commercial , and industrial development. She noted she now travels outside the area to take her children to parks in other communities. She noted aesthetic improvements would also serve to draw others to the area. Ms. Shaw commended the City for the Development Plan and acknowledged there would be obstacles; however, she said it would be far-sighted to improve the downtown area. She urged the City to continue to do the necessary work to implement the Development Plan as proposed. o Chuck Woodard, 12490 S.W. Main Street, Tigard, Oregon advised he approved of the Development Plan with some reservations. Mr. Woodard proposed some amending recommendations. Mr. Woodard outlined a "general store" concept. He promoted this idea by noting that the traditional , old-fashioned general store provided the residents with everything needed. He noted the transportation plan should be designed with the idea of encouraging people to travel to the downtown area to shop. He objected to a transportation plan which was designed to allow people to rush through. Mr. Woodard spent some time reviewing the history of Tigard and the historical significance of several of the buildings. He urged preserva;.ion of Tigard's history be placed as a high priority. o Richard Morley, 6630 S.W. Ventura Drive, Tigard, Oregon advised he was speaking to Council as a citizen and had served as a member of the City Center Plan Task Force (CCPTF) for the past year. He noted the CCPTF was comprised of Tigard residents who volunteered many hours gathering information through the public meeting process. The goal of the committee was to develop a plan for a downtown which would make Tigard citizens proud. He noted the legitimate worries expressed by the downtown business people, and said he felt the CCPTF kept these concerns in mind while developing the Plan. Mr. Morley advised the seven people appointed to the Task Force had unanimously come to the conclusion that the downtown area needed to be developed to take advantage of the opportunities available in Tigard. He advised it was time for visionaries to take hold and look to the future. He noted the projects in the plan were not firm, but were open for amendment and discussion. He reported that the Task Force was legally required (state statute) to define possible projects. Mr. Morely then referred to the vision statement noting the desire for a living, growing downtown with special character and identity. He said the major unifying feature was the image of a "City in the Park." He suggested Fanno Creek Park would be a beautiful asset if developed as the heart of the downtown area. Mr. Morley reported the Plan addressed preservation of Tigard's history and noted the importance of retaining the special features which made Tigard unique. He referred to the development which had occurred in Portland despite tremendous opposition. Mr. Morely said City Council Meeting Minutes - March 27, 1989 9 he believed there was a large group of Tigard citizens who supported the Vision Statement and the importance of securing a vital downtown. He stressed that development would be incremental , taking place in • • the next 15 to 30 years. He referenced concerns as reported in a recent newspaper article expressed by the Mayor against the public square and other features of the Plan. Mr. Morley acknowledged these concerns with potential public liability but suggested that the positive and negative effects must be weighed. o Stuart Cohen, 14275 S.W. 125th, Tigard, Oregon, Chairperson of the City Center Plan Task Force advised he believed the Plan would help establish an identity for Tigard. He noted he has talked with people who were not aware of where the Tigard city center was located. He said the downtown has not changed significantly since the mid-40's. Mr. Cohen reported the Plan was an attempt to design a livable area, much the same as has been achieved in the Summerfield area of Tigard. He referred to the tax increment financing method and explained the city center area would come off the tax rolls for a period of time so the taxes paid by this area would be utilized to finance the improvements to this area. He concluded by saying that Tigard needed a vibrant commercial center where people would enjoy visiting. There was a tremendous market potential for the downtown area. He encouraged the City Council to take a bold step and approve the Development Plan. o Todd Mains, 6705 Ventura Drive, Tigard, Oregon advised he owns a business and lives in Tigard. He said Tigard needed a focal point and identity. Further, downtown development would be helpful to the local economy which would benefit him as a resident as well as a businessman. o Gordon Martin, 12265 S.W. 72nd Avenue, Tigard, Oregon 97223 distributed three maps denoting traffic patterns in several Tigard locations. (Please note these maps have been filed with the packet meeting material. ) Mr. Martin referred to his testimony before the Planning Commission concerning the "Macro" traffic plan and his concerns with moving cars to the downtown area. He referred to several traffic bottlenecks which needed to be resolved. He emphasized the importance of not forgetting the Macro plan in the overall process as it would be vital in making the Plan work. o Dave Atkinson, 10460 S.W. Century Oak Drive, Tigard, Oregon testified he felt the City Center Development Plan was an ambitious undertaking. He said he believed developers would not want to put their investments in the downtown area but would prefer to locate on Highway 99 to secure visual traffic trade. Mr. Atkinson said that, despite the testimony given concerning the financing methods, this endeavor would cost Tigard taxpayers money. He expressed concern with the large expense and the sums which would be available for use at City Council's discretion. City Council Meeting Minutes - March 27, 1989 10 He expressed concern with the large expense and the sums which would be available for use at City Council's discretion. Mr. Atkinson referred to several new obligations for Tigard taxpayers; i .e. , new regional storm drainage district; possible Tigard park levy; Portland convention center; and light rail expansion into the area. He advised that Washington County was becoming an expensive place to live and expressed concerns for the large number of senior citizens who must meet an increasing tax bill on fixed incomes. o Jerry Cach, Cash's Realty, 12757 S.W. Main Street, Tigard Oregon (resides at 15170 S.W. Sunrise in Tigard) noted he had a real estate office on Main Street. Mr. Cach noted he had probably sold about 20 acres of real estate in the downtown area over the last 25 years. He advised that since the zoning was changed to Central Business District (CBD) , he has experienced three sales failures. He advised he has no potential sales for the small shops in the CBD. He said he believed the zoning was incorrect for the area. o Dan Dolan, 4524 N.E. Davis, Portland, Oregon said he was a concerned businessman. Mr. Dolan is employed at A-Boy which was located on Main Street between Fanno Creek and Burnham Street. He noted his business was prepared to invest $1 million in improvements on their property. He said the Plan contained some elements which were not needed; i.e. , towers and lakes. The "City in the Park" placed too much emphasis on the park. Tigard needed a realistic Development Plan for the benefit of those who live and work in the area. Mr. Dolan said a good transportation to and from the core area was needed along with repairs to items such as the Main Street bridge. He said he was opposed the "T" formation of the transportation plan and would prefer to see more emphasis placed on Main Street. Mr. Dolan said he was not comfortable with the role of the Advisory Committee who would recommend projects for implementation should the Plan be approved. He said he could not support a Plan which did not let individuals know "up front" which businesses would be relocated and which would remain. He noted concerns over decisions which might be made ten years later which would not reflect the original intent of the Plan. o Pat Dolan, 3907 S.E. 130th Street, Portland, Oregon 97236 testified he was also with A-Boy Company. He noted he believed the Plan would mean a tax increase; future revenue needs would fall squarely on the residents of Tigard. o Margaret McDade, 9225 S.W. Burnham, Tigard, Oregon testified she had lived at this residence for the last 44 years. She noted she was very concerned with the City's plans for her property and noted she did not wish to move or sell. City Council Meeting Minutes - March 27, 1989 11 Councilor Johnson noted with the following points in response to Mrs. McDade's concerns: - The Plan proposed transportation and park improvements. At this time, there were no specific plans which included Mrs. McDade's property. The City has authority to buy property necessary for street improvements whether the Plan was implemented or not. The urban renewal authority, if granted by the voters to City Council , would expand Council 's authority to purchase property for resale to private investors. (Presently, this authority is limited to the purchase of private property to be used for public improvements only.) When projects are selected, a detailed policy would be established to assure protection of all parties involved; this was also provided for by State law. Mrs. McDade concluded her testimony by saying she had no desire to leave her home. o Bibianne Scheckla, 10890 S.W. Fairhaven Way, Tigard, Oregon asked if the call for an election on an urban renewal issue was legal. She said she thought the Tigard voters had voted out any possibility for urban renewal efforts. Councilor Johnson advised that the State of Oregon gave cities the authority to implement urban renewal; however, in the City of Tigard, the voters approved a Charter amendment which specified that any urban renewal effort would have to be approved by the voters. Ms. Scheckla advised she felt the downtown property owners were opposed to the Plan and that they would want to take the responsibility themselves to increase the valuation of their property should they choose to do so. She referred to the historical significance of Tigard's downtown and said it should be left alone. She emphasized that new commercial development should be located elsewhere and cited the I-5 Corridor as a good alternative. She suggested that rather than putting in all new development, renovation efforts could be effective. o Ken Cheeley, 15390 S.W. Alderbrook Court, Tigard, Oregon noted he and his Summerfield neighbors were concerned that there was going to be a tremendous amount of tax increases. He listed several new taxing issues which included: 1) potential new high school; 2) the recently approved transportation safety bond issue; 3) legislatively mandated school funding issues; 4) possible Tigard park levy. City Council Meeting Minutes - March 27, 1989 12 He said the Development Plan was very good but the timing was C such that it would be difficult for voters to approve because of the number of tax issues they were facing. o Tim Miller, 9075 S.W. Burnham, Tigard, Oregon advised he was concerned about the zoning in the city center. He noted that because the zoning had changed on his .97 acre residential parcel the taxes were too expensive. He noted the uncertainty over zoning has made this property difficult to sell . Mr. Miller expressed concerns with regard to paying for sidewalk construction on his property. There was discussion on this issue. Community Development Director explained if there was no improvement to the building, or if no local improvement district was put into place, then there would be no requirement for the property owner to pay for sidewalks. o Gary Hoisington, 6345 S.E. 69th Street, Portland, Oregon testified he was Vice President of A-Boy Supply Company. Mr. Hoisington referred to the problems the City of Portland has had with reduced dollars for police protection. He said areas such as Mt. Tabor Park were unusable because of crime problems. He advised the Tigard Development Plan did not address the cost of patrolling, servicing, and taking care of the Park. He referred to the proposal that the Plan was a endeavor to attract investment to downtown Tigard. He advised that A-Boy has plans to improve their property through a $1 million renovation; this was done without anticipation of action by City Council . Mr. Hoisington noted concern that the Plan may call for the use of their entire piece of property and was apprehensive about selection of a new business site. He advised that lost business alone would be very costly and he was unsure if monetary reimbursement for lost business was stipulated within the Plan. There was discussion on this issue. Councilor Johnson noted she did not recall the Plan calling for utilization of a piece of property as large as the A-Boy property. Mr. Hoisington noted the difficulty he had with the Plan was that projects were defined so broadly, that it was left open as to any number of ways for possible development. He noted concerns that once the urban renewal district was formed, project implementation could be deployed in a manner dissimilar from what had been proposed to date. He advised this would not attract business in the foreseeable future -- he said someone needed to present a strong idea of exactly what was going to happen. o Mayor read into the record a letter dated March 27, 1989, from the law office of Furrer & Scott. This letter noted concerns with the City Center Development Plan and how implementation would affect the existing businesses. (This letter has been filed with packet material for this meeting.) City Council Meeting Minutes - March 27, 1989 13 Ce. Staff Recommendation: Community Development Director advised the audience appeared to understand the proposed in Development Plan with few technical misconceptions. He reviewed issues brought up during testimony: o Concerning testimony by Mr. Gordon Martin on the macro traffic plan -- The Transportation Advisory Committee has not yet submitted the macro traffic plan to City Council for their consideration. Council will be making policy decisions at a later date concerning access to interstate 5 and the Greenburg Road area. The macro traffic study was not a part of the City Center Development Plan. o Concerning testimony given by Mr. Dave Atkinson on the legality of tax increment financing -- Tax increment financing was challenged in the court system and the use of this funding mechanism was upheld. o Concerning testimony given by Mr. Gary Hoisington on the purchase of a 25' strip of land accessing the Fanno Creek Park area -- This was not a recent proposal and that he, during his tenure as Community Development Director, had not been approached with any offers for purchase of this property. Community Development Director agreed that zoning and development standards were uncertain; these were areas which would addressed in the future. Exact plans for improvements (i .e. , how they will be funded; how they will be constructed; how wide the streets will be; where the streets will be, etc. ,) will be made in the future after it has been established there are funds for redevelopment. Community Development Director noted that widening of the Main Street Bridge and building a new street across Ash Street were projects which have been discussed for many years. Nothing has happened. This Plan would make it possible for work to begin on these projects. Community Development Director noted staff recommended that Council delay making a decision on the Plan and Report until April 10, 1989. He noted that staff had distributed recommended changes to the Development Plan which had been suggested previously. Staff has also been in touch with legal counsel who have suggested technical language changes. At the April 10 meeting, staff would be prepared to insert these changes as well as any changes asked for by Council. f. Public hearing was closed. g. Mayor advised Council would take into consideration all testimony received at this meeting and they would not make a final determination on the Plan and Report until April 10, 1989. C City Council Meeting Minutes - March 27, 1989 14 7. PUBLIC HEARING - SITE DEVELOPMENT REVIEW - SDR 88-25; MINOR LAND PARTITION C MLP 88-16; VARIANCE V 88-39; GRABHORN/CENTRON NPO #7 City Council review of Planning Commission's approval with conditions of a Minor Land Partition and Site Development Review to divide the 35.39 parent parcel into parcels of 17.83 and 17.56 acres and to construct a 266 unit apartment complex on the 17.83 acre site. Also, approved were variances to allow a single driveway access where two or three accesses were required and to allow a 20-foot setback from the eastern property line where 30 feet is normally required. The complex would be located on both sides of Summer Creek. Zoning: R-25 (Multi-family residential , 25 units/acre) . Location: East of S.W. 135th Avenue, south of Scholls Ferry Road (WCTM 1S1 33 DB, Lot 300). a. Public hearing was opened. b. There were no declarations or challenges. c. Staff Report: Senior Planner Liden reviewed this agenda item. He advised the Community Development Director approved the application in December 1988 subject to a number of conditions. The applicant appealed the Planning Director's decision to the Planning Commission primarily because of the right-of-way requirements imposed on S.W. 135th Avenue, Scholls Ferry Road and S.W. 130th Avenue. A second appealed condition was the Director's requirement of a public east- west street developed north of the apartment complex, roughly where the two parcels were proposed to be divided. Senior Planner noted the Planning Commission reviewed the Director's decision. They basically upheld the decision with one major exception: the requirement for the public east-west street. In its place, the Planning Commission required a private driveway be put in with common use available so it could be used by both the proposed apartments on the south side as well as the yet-to-be developed northern parcel . The idea was that this driveway system would allow for internal circulation within the development on this property and also allow for people within this area to exit to either 130th or 125th. Senior Planner Liden noted the applicant then requested that Council review the Planning Commission decision based on only the argument that the right-of-way dedication requirements, which the Planning Commission left in place, were either inappropriate or illegal. The Council then decided to call this item up for review and hold the public hearing. City Engineer then explained the right-of-way provisions were conditions of the minor land partition (MLP). He advised the MLP was basically a subdivision process. Under the City subdivision process, the Development Code requires dedication of rights-of-way for collector and arterial streets which were identified in the Comprehensive Plan. There were three such streets abutting this site: S.W. 130th; Scholls Ferry Road; and S.W. 135th. There was 4 a process for deferral of street improvements when they were not timely and, in the past, the City has considered the actual improvements to not be timely until the actual development occurs. City Council Meeting Minutes - March 27, 1989 15 C City Engineer then described how the streets around this property were developed at this time: -- S.W. 130th - was undeveloped, but was basically a local access road to two properties. It was not paved, but was shown on the Comprehensive Plan Transportation Map. Proposed conditions require dedication of right-of-way to serve future development of S.W. 130th with actual construction deferred until development occurs. -- S.W. Scholls Ferry Road - was an arterial street and required a somewhat wider right-of-way than a local street. The conditions required dedication of sufficient right-of-way to be 55 feet from the centerline to accommodate the proposed Oregon Department of Transportation improvements. City Engineer advised that since the time of the Planning Commission review, the State has determined they would need less than 55 feet. Therefore, staff would recommend that Council modify this condition so that only the amount of right-of-way needed would be dedicated. -- S.W. 135th street - was a local improvement district project. Through the LID, the City has been acquiring right-of-way. He advised there was right-of-way area which had not been acquired; rather, a permit of entry allowed the City to proceed with road construction. The right-of-way for this property still needs to be determined. City Engineer explained that through the LID, the property owner has the option of donating or having the City purchase right-of-way. This decision would affect the property owner's assessment. In this instance, the property owner had not made this decision and staff believed the decision needed to be made to clear up the right-fo-way issue before the minor land partition (basically a subdivision plat) was recorded. With regard to the issue of the local east-west street condition, City Engineer advised that local streets were not designated on the Comprehensive Plan, but were reviewed at the time of subdivision development for determination where they should be located. The proposed east-west street would fall into the category of such a local street. He advised staff saw a need for an additional local street in this area which was why it was placed as a requirement on the approval . There were no east-west connections between S.W. 130th and 135th between Brittany Drive and Scholls Ferry Road. He referred to :.:Ae development of Summer Lake Park and noted this could be a significant traffic generator and it would be undesirable to have this traffic using Brittany Drive as the primary connection. He noted the City preferred multiple connections through residential areas for emergency access and for access when streets were closed.. He advised there was some design criteria specified by the City, but the alignment of the east-west street was to be determined by the developer in the final plat of the MLP. City Council Meeting Minutes - March 27, 1989 16 Adequate access for the northerly portion of the MLP was also a consideration when staff placed the conditions on the proposal . d. Public Testimony: Proponents o Steve Malsam, Vice President, Centron of Oregon Corporation 11080 S.W. Allen Boulevard, Beaverton, Oregon 97005 testified they had started the process for this development last June. He summarized the review process and noted they had not been advised of the east-west road requirement until December 15, 1988 which was the day before the conditions of approval were to be made available. Thee were a number of conditions which were of concern to them, but the east-west road requirement was the main issue. Mr. Malsam advised that their consultant, Mr. Dick Waker, proposed a private drive system that would work for both their property and the property to the north. This system would equally distribute traffic to 130th and 135th. He advised that the Planning Commission agreed and did not determine it would be necessary to construct an east-west roadway. Mr. Malsam advised they did not have any problem with the conditions of approval received from the Planning Commission. They have altered their plans to meet those conditions and were ready to submit for a building permit. He advised Centron was not appealing the Planning Commission decision, but noted, on behalf of the landowner, some unfairness with regard to the right-of-way requirements on S.W. Scholls Ferry Road and S.W. 135th Avenue. Mr. Malsam complimented City staff and advised they had been excellent to work with. He said Centron was anxious to build the nicest apartment project in the metropolitan area. He advised they had received approval from the Brittany Square neighborhood with conditions. He noted that NPO 7 (which entered the process late) also approved the project by a 4-3 vote. o Richard Waker, Civil Engineer for the applicant, advised Centron had no issue with the conditions proposed by the Planning Commission. Mr. Grabhorn, the property owner, however did have issues. Mr. Waker explained that Mr. Grabhorn had farmed the whole parcel for the last 20 years. The principal reason he chose to sell the south parcel to Centron was to pay the $130,000 assessment for S.W. 135th Avenue. Mr. Waker noted Mr. Grabhorn's attorney raised three issues in their appeal: City Council Meeting Minutes - March 27, 1989 17 1 . Dedication of S.W. 135th Avenue right-of-way. Mr. Waker advised this was no longer an issue and requirements of dedication would be fulfilled. 2. Dedication of Scholls Ferry Road right-of-way. This issue was somewhat reduced since the original 55 feet from centerline would be changed to a lesser amount as noted in earlier testimony by the City Engineer. Mr. Waker explained that Mr. Grabhorn felt he should receive compensation from the State for this property. He noted the State planned to purchase right-of-way as needed for their project. The acreage involved was less than .2 of an acre. 3. Dedication of S.W. 130th Avenue right-of way. Mr. Waker referred to configuration of the area for this right-of-way dedication. He said the subdivision to the east was inadvertently platted in such a way that there was no land left for right-of-way dedication to accommodate a future extension to 130th. Therefore, there was a 30' dedication for about the northerly half of the area under consideration which then fanned out to a 60' dedication. Mr. Grabhorn had two issues with this requirement: 1) The property to the north was not to be developed at this time; he would wished to continue to farm this section. Therefore, he felt it would be more timely for the dedication of 130th to be deferred on this northerly parcel until a development application was submitted. 2) It was unfair to expect Mr. Grabhorn to dedicate the entire 60' . He felt, at the time of dedication, he should receive compensation for 30 of the 60' . Discussion followed. In response to questions by Councilor Johnson, City Engineer advised the requirement to develop S.W. 130th Avenue up to Scholls Ferry Road was a condition of the MLP rather than the site development of the south half. The proposal was for two applications in one: The first proposal was to subdivide the land. Proposal No. 2 was to develop the south half with apartments. The right-of-way dedications were a condition of the subdivision (MLP). Improvements to the road were conditioned on the site development of the south half. In response to the Scholls Ferry Road right-of-way issue, City Engineer said it has consistently been the City's policy, whether the property abutted a State, County or City road, to require dedication of right-of-way to provide for complete development of the roadway. This way, development helps to pay for improvements to the roadways. In other words, development creates the need for improvement; therefore, development helps pay for those improvements by dedicating City Council Meeting Minutes - March 27, 1989 18 right-of-way, making improvements, and/or paying systems development charges. The City has consistently asked for right-of-way dedication by new development along Scholls Ferry Road. After some discussion, Mr. Waker confirmed the City Engineer's statement that it has been past practice for both Tigard and Beaverton to require right-of-way dedication of new development along Scholls Ferry Read. He noted that Mr. Grabhorn will have no access to Scholls Ferry Road. Since the State would be purchasing right-of-way from other property owners, Mr. Grabhorn thought the State ought to buy his too. Discussion followed on the east-west road requirement. Mr. Waker advised an public east-west local street would sever the two parcels from ever relating to each other in a meaningful way. He noted one of the staff's concerns was that the east-west road would serve the needs of the people to the west to use the new park. He advised that five acres in the proposed development would be dedicated as park area. He noted the City park would not generate enough traffic to justify construction of an east-west public street. The residents within the parcel would be fully served by a pathway network, a park in this parcel , and a City park 300 yards from the development. Mr. Waker noted Scholls Ferry Road was being designed to handle all of the local traffic in the area. He said it seemed redundant to go south a few hundred feet and build another road across. He noted internal circulation would be helped by such a road, hut pointed out that after the Planning Commission hearing, the project was redesigned with private drives to accommodate the Commission's findings. He asked the Council to uphold the Planning Commission on this issue. o Russel Head, NPO No. 7, testified he was not in opposition or in favor of the development. He recommended that the 130th access be developed not only to relieve traffic on 135th, but also to provide emergency access. Mr. Head also noted concerns with 135th and Scholls Ferry Road and advised he hoped a traffic light would be installed here. He asked that the conditions asked for by the Brittany Square neighborhood be followed through by the developer. He concluded by saying he hoped this apartment complex would satisfy density requirements in the area. He noted the NPO was preparing for a Comprehensive Plan Amendment to decrease density on parcels in the area. o David Oringdulph, Century 21 Properties, advised his company owned the parcel contiguous to the proposed Centron Development. Mr. Oringdulph advised he was opposed to the east-west road as he objected to an "expressway" be required (47 through the residential area. He noted the park being developed by the City would have no parking spaces end said if a public road was built, this would encourage parking on City Council Meeting Minutes - March 27, 1989 19 these neighborhood streets. Mr. Oringdulph reviewed traffic pattern concerns in this area which included safety issues as well. 0. Recommendation by Community Development Staff j. Community Development Director advised that this issue was before Council because the applicant/landowner asked City Council to hear it. He noted the issue had already been appealed to the Planning Commission and, therefore, was not appealable to the City Council . He advised this issue was not brought forward by staff nor was it considered an appeal . !; Community Development Director reviewd some of the issues before Council : o Should the City require dedication of right-of-way along Scholls Ferry. Staff was recommending "yes" as has been done with past practice. o Should the City require extra dedication of 130th because of a mistake which might have been made in the past or the City's failure to require dedication at the time of development. Or, should the City compensate the landowner in some way for the disproportional amount of dedication. Community Development Director noted the change in development plans for this area over the last 13 years and explained why there was no dedication requirements for earlier development. He noted staff felt the dedication of the 60' should be required so when the property to the north was developed, 130th would be • improved all the way to Scholls Ferry Road. Discussion followed. It was noted that a developer was normally required to construct 2/3 street improvements; that is, improve one side of the street with curbs and sidewalks and provide for two travel lanes. f. Council Discussion There was lengthy Council discussion on the issues which included the following: o Timing of development of road improvements and the possibility of allowing Mr. Grabhorn the opportunity to farm the land until time of development. o Configuration of east-west road wherein it was noted that at no time had it been suggested that this road would have to be a straight-shot. In fact, it would be preferred if the east- west road was of a circuitous nature. o Differences between a local public street and a private access street. C. City Council Meeting Minutes - March 27, 1989 20 c Expression of support for the Planning Commission decision as well as support for staff's recommendation on an east-west road. Mayor expressed concern that a public east-west road would create traffic problems by encouraging through-traffic in a neighborhood. g. Public hearing was closed. h. Council consideration: Motion by Councilor Johnson, seconded by Councilor Schwartz, to require the right-of-way dedication for Scholls Ferry Road be the minimum amount needed by the Oregon Department of Transportation; and the right-of- way for S.W. 130th Street be for half-street improvements only (30') and not the full right-of-way (60' ). Councilor Schwartz questioned the right-of-way issue on S.W. 135th Avenue. Councilor Johnson advised it was her understanding that the applicant was not objecting to this requirement as stipulated by the Planning Commission at this time. Discussion followed on the 130th right-of-way dedication for the remaining 30 feet which would not be required. City Attorney confirmed that the City would be able to purchase this property when the road improvements were ready for construction. The motion was approved by a unanimous vote of Council present. Motion by Councilor Johnson, seconded by Councilor Eadon, to support the staff recommendation that a public street between 135th and 130th be placed as a condition of development; further, this public street shall not be a straight alignment but take a circuitous route. The motion passed by a majority vote of 3-2. Mayor Edwards and Council Schwartz voted "Nay." 8. PUBLIC HEARING - SWANSON'S GLEN UTILITY EASEMENT Consideration of a proposed vacation of a public utility easement within Lot 62, Swanson's Glen, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by the City Council on February 13, 1989 at the request of the Titan Properties, Inc. a. Public hearing was opened. b. There were no declarations or challenges. c. Staff advised no negative written or oral comments had been submitted with regard to the proposed vacation. d. Public testimony: There was none. e. Public hearing was closed. City Council Meeting Minutes - March 27, 1989 21 f. ORDINANCE NO. 89-10 AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT LOCATED IN LOT 62, SWANSON'S GLEN, A RECORDED SUBDIVISION PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. g. Council Consideration: Motion by Councilor Schwartz, seconded by Councilor Johnson, to adopt Ordinance No. 89-10. The motion was approved by a unanimous vote of Council present. 9. PUBLIC HEARING - TECH CENTER BUSINESS PARK EASEMENT VACATION Consideration of a proposed vacation of a public utility easement within Lot 2, Tech Center Business Park, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by the City Council on February 13, 1989, at the request of the International Land Corporation. a. Public hearing was opened. b. There were no declarations or challenges. c. Staff advised no negative written or oral comments had been submitted with regard to the proposed vacation. d. Public testimony: There was none. e. Public hearing was closed. f. ORDINANCE NO. 89-11 AN ORDINANCE VACATING A PORTION OF A PUBLIC UTILITY EASEMENT LOCATED IN LOT 2, TECH CENTER BUSINESS PARK, A RECORDED SUBDIVISION PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. g. Motion by Councilor Schwartz, seconded by Councilor Johnson, to adopt Ordinance No. 89-11. The motion was approved by a unanimous vote of Council present. 10. PUBLIC HEARING - 88-89 SUPPLEMENTAL BUDGET Public hearing on the approved Supplemental Budget for the City of Tigard for the 1988/89 Fiscal Year. a. Public hearing was opened. b. There were no declarations or challenges. c. Finance Director advised the proposed resolution was in accordance with the approved supplemental budget considered by the Budget Committee. He recommended resolution approval by Council. d. Public Testimony - There was none. e. Public hearing was closed. City Council Meeting Minutes - March 27, 1989 22 • • f. RESOLUTION NO. 89-26 A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET • FOR 1988-89 AND MAKING APPROPRIATIONS. g. Council consideration: :7 Motion by Councilor Schwartz, seconded by Councilor Johnson, to approved Resolution No. 89-26. The motion was approved by a unanimous vote of Council present. 11. NON-AGENDA ITEMS: None. 12. EXECUTIVE SESSION: The Tigard City Council went into Executive Session • at 12:16 a.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and • pending litigation issues. • 13. ADJOURNMENT: 12:25 a.m. Approved by the Tigard City Council on May 8, 1989. -A Deputy Recorder - City of/Tigard c ATT' T• ayor - City of Tigard a:cc32789 • C City Council Meeting Minutes - March 27, 1989 23