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11/20/1984 - Packet AGENDA ECONOMIC DEVELOPMENT COMMITTEE TUESDAY NOVEMBER 20' 1.984 7:30 A.M. — PIONEER PIES Agenda Items 1. Call meeting to Order 2. Roll Call: PadgettCookClarkCorliux______ De BernardisKennedy0rlandini_______ Williams 3 . Review minutes of October 16' 1984 meeting. 4. Resource Lead Reports — Volunteers recruited 5. Discussion on Anti Business Remarks about Tigard 6. January 1.985 re--appointments/new members 7. Other Business o Newt meeting date — December 18^ 1984 8. Adjournment (cz/0786P) r TIGARD ECONOMIC DEVELOPMENT COMMITTEE Minutes, October 16, 1984 7:30 A.M. — Pioneer pies Restaurant Members Present: Mark Padgett, Chairman Jim Corliss Tony Orlandini Pat Kennedy Bob Williams Members Absent: Bruce Clark Amo DeBernardis John Cook Staff: William A. Monahan, Director of Planning and Development Guests: Jerry Edwards Bob Wyffels Geraldine Ball Iry Larson Bob Jean Chairman Padgett called the meeting to order. The minutes of September 18, 1984, were approved as corrected. Bill Monahan reviewed the status of the target area data gathering project. The Engineering Division recently completed an 800 scale map of the City in four quadrants. It will be used to place information gathered concerning undivided properties. The information which will be gathered for each area will include: 1. Zoning and comprehensive plan designations 2. Current land use 3 . Vacant land inventory 4. Location of public facilities 5. Planned or needed public facilities 6. Ownership 7. Land value/building value 8. Street conditions, capacity, improvements and jurisdiction 9. City development standards 10. Special area issues and concerns such as limitations created by the City Plan and Development Code 11. Local Improvement Districts The area sub groups will work to evaluate the adequacy of the existing planning and zoning limitations as well as public facilities and the City Development review and permit processes. Bill will develop a statement of the role of the resource leads and their tasks. Resource leads should contact other business people and property owners in their area prior to the next meeting to assist in providing input about the area needs. Tony noted that he has contacted four individuals who have expressed a willingness to assist. The TVEDC requested that its questionaire be completed by each City in Washington County. Tigard has submitted a completed questionaire, copies will be sent to each member of the Committee. TIGARD ECONOMIC DEVELOPMENT COMMITTEE MINUTES October 16, 1984 PAGE 1 A slide show prepared by the Tigard Chamber of Commerce with the assistance of the City of Tigard was shown. Although over three years old, the show is not too out of date. It is expected that it can be updated without too much effort to be used as an advertising resource for the City. City Administrator Bob Jean spoke on the benefits of the upcoming tax base election and its effect on economic development. He stressed the need to maintain a balance between residential and commercial/industrial properties. Economic development can assist in budget control. He pointed out that businesses considering relocation to Tigard are concerned about the tax rate, however, quality of life is another concern. The City's ability to provide a high level of urban services is important to business as well as their employees . Bob explained the results of the PSU study which showed that Tigard's total tax is 37% below the study area average. He also touched on the question of annexation of Washington Square. Pending election issues will have a lot to do with how the owners of the Square determine whether to annex to Tigard, Portland, or Beaverton. Other business — Bob Nunn has resigned from his at—large position on the Committee due to business conflicts. The Mayor's review committee will interview applicants for a replacement. Mark noted that some terms run out at the end of the year. Three members whose terms are expiring who wish to be considered for renewal of memberships should inform the City Admistrator' s office prior to the end of their term. Tony suggested that time be set aside at the next meeting to discuss the issues related to the GI Joes application. He was concerned that the press is portraying a negative attitude in Tigard to economic development. The issue will be discussed at the November meeting as well as a general discussion on the relationship of recent development applications and the City plan. The next meeting date will be November 20, 1984 at 7:30 A.M. at Pioneer Pies. The meeting adjourned at 9:00 A.M. (WAM:bs/0746P) TIGARD ECONOMIC DEVELOPMENT COMMITTEE MINUTES October 16, 1984 PAGE 2 BROADWAY CAB 227-1234 PASSENGER • PARCEL DELIVERY • SKY CAB "Let us be the one to serve you!" w , To— Date o Date 3'2-4 Time WHI(t/ U Tn Mr. � of Phone— _ 7 TELEPHONED PLEASE TELEP CALLED TO SEE YOU WILL CALLA IN WANTS TO SEE YOU RUSH Message �' I liar IC711 00 Y.a,cdl16ilt0rs have n tn�vitsd•'to stare tt,�eir ides on Ifieutu groirvlt'el the dty during "the Dec 13 Tigard Econoiic Devel oprnent C6mm*ee meeting. The westing will be devoted to discussing the comoAttee's ;goals, %e., jcajjMnnIWs . development aiieed�,the s�arl�lg of resources bc- id, vier, ReaEtors &Veiboers'`have,0, the,city',ot Ti- g�r�a.t��!fll`d ,t0"��(Ik1a11 >di. ti'0Wr;`of pianr►iog 8nd` develop rnenct. Realtors;,,SW are: expected to giy+e �g3ans for co��clal zohin$d esignations within the city, e onun ttee witl.inee't int 7:30 a,m.cit Piditeer Oli*tiow SM.Fa �it4c`�ighway.` voluateers also are being sought by the,committee to serve as re- sources for developtoent informa- tion.*usin+em leaders from the four rnalor;'develapment areas of Tigard -w• do'htovdn CmegAe Ba�alevard, 72ird �►ve6ue`area. .'and the soirthei;�t„t3risngte, �!elwetng, as ecl'f+0 tl tr developktrent, ideas on those ares For more inforalation, call Monahan at 639-4171. The committee discussed eco- gorx►iC diet du? oenials by the City � w CITY OF TIGA RD WASHINGTON COUNTY,OREGON November 16, 1984 Greg C. Newton 11595 S.W. Hazelwood Loop Tigard, OR 97223 Dear Greg: The Tigard City Council, at its regular meeting of November 12, 1984, authorized me to appoint you as a member of the Economic Development Committee, to fill the unexpired term of Robert Nunn which expires January 16, 1985, at which time you will be asked if you wish to serve for 2 more years to January 16, 1987. I am pleased that you have agreed to serve as a member of our Economic Development Committee and look forward to your contribution to the continuing improvement of the City of Tigard. It is individuals like yourself who are willing to dedicate some of their own time, abilities and knowledge to public service that will make Tigard the best city in the State of Oregon in which to live. The next Economic Development Committee meeting is Tuesday, November 20, at 7:30 a.m. at Pioneer Pies in Tigard. Please try to attend so we can acquaint you with the other members. On behalf of the Tigard City Council, I wish to extend our sincere appreciation for your interest in serving your community. Sincerely,, �� Q ohn E. Cook Mayor cc: W. A. Monahan, Planning Director (bs/0199p) 12755 S.W. ASH P.O. BOX 23397 TIGARD, OREGON 97223 PH:639-4171 Pacific PACTRUST 1220 S.W. Morrison,Suite 900 Realty Portland,Oregon 97205 503/224-8540 November 16, 1984 William A. Monahan Director of Planning & Development N 0 V 19 1g�4 City of Tigard P.O. Box 23397 CITY OF TIGARD Tigard, OR 97223 PANNING DEPT, Dear Bill: It is with regret that I must inform you that I am tendering my resignation from the Tigard Economic Development Committee. I will be relocating from the state of Oregon as of November 19, 1984. I feel that the Committee has a formidable task ahead and regret that I cannot assist in achieving its goal. I have enjoyed working with you and the other members of the Committee, and look forward to a time when I might return to participate once again. I look forward to hearing about the success I am sure you will have. Very truly yours, ,' IC EALTY ASSOCIATES, L.P. C Robert E. Williams, Jr. it Is vz and Co is ! � +Ii i, , ii6hrY � € atbl is to I � t�(sne�V131 ' 1bini eird" _� is tot de.. MI velop 1�A � t':" ar8n said. "ttt develop is Ti- � Yom, 'a�c�ti�'qtusl. an industrial �. i , a P with-UNware teetfthe �o! � 14 i 4icompany built two b4U it !is y , E #!r :;("t, .jf } b0,i 00,sqt ay;�fte' Cbn10,lQX Wmw Ave" dent LeOp rtvic o pant'plans td build two UT i `more bdWoto next th site ala¢''` t d is the + prl "r-0. 14 �TPM,int hire, «;+ � 4006 sWd The Ot is close to � ,' In 5:. 1 end ;, § ' } 174G�ikTrust, � e in- dustn de+e ment�kl'i} R s year d. , include s 48, -square fa#pt"project ' .+td t�th+� by c tow Co. ani a"58, 1- xt vialik squareot jodpstrial bulln b sen- o � R'+'�i trot lnc, l<FevV`nam[tercl4nl eases let # lYeen . t'if pt 0- �i# 1 r$ �{ ${{t+�ty nal f CCI 340 iII7�A{ jl,l�Pi Cef,tPor l[4 :. .,MIt to th ( 'Wille, hie .: !.f was,not x.�a x. .:,:• + � y �� Isis 7 � Y p it sate he hoped the i#eatory Vt ° wiyuid be�#� Yedr. looC:at coaiunergiatL:de�eloppi ►t, the o#„btte#si eople to l~couQmicevelAtiierit Committee tin j +er hitll'!nt► o11 about also forte take M, UPS to Mice a bider ItwW at em nomicc develop- t6 rens .tow.' t ib► ' �`It tlti ads `he ”Uniqueness, in TIO sub- `committee wi11gather information thei8VII about the adaantages dr'disadvantages 1 Vl toplevor ve of 4uelopin0ntde it ty kart of the Cl .' cotitrhi »'w11 ba 1b ante �" F 3'` the efitg�'a NO Ve pian;'its zon ? . , ne ►e as'a reg ,Ing codes IWOO develop. SdUfttfilittees, but meat p s'from a business point of 't+4 a cow view,"said Monaw Yt could retom- 040 ,Volunteers wit mendcha�pgesap the tv Coun witlt cil >� 'die final scibon►mitteew1 p ant as a �' as to ambaswbro" !or Owcity, ity, ' (' � pt C1te g Curf tlr, the Clt adg ett sal4. t poll gels i twl laton during put '" ' ' '� z �' flo ► b ri gs abrnct nevi velopment pry► from.the city staff, ghbor �� n . t 0, Or hood,�-,M4rfig org nation members s � 191 � -and lrs. I4Vifi eat -"The, �} ppw ingredient th,�at's mi&sing kro the ba ness aimmun � t�. . ! C ' ta•, !�'.' Ldp To fid fit,#gap,the. dtinbassad00:wlt1 'a`ttend So ,pubiite city, uifidals intor�a.- said, tion abet neva de�ropnbent.prwojdct# tl. otu ani, from an economic point of vf6'uv,$ad- in the Bey Sett said. Ai Is , Another job of the subcommittee d3 X11-be to educateens about the e8DAItt thatthato t Ti- i S: II.ICO1 sprawl surban woes �F� By CLIFFORD H. HIGGERSON niost urban areas and,unfortunately,the same exciting. The culture of the area provides a negative factors associated with most large highly charged and stimulating environment i THE EMERGENCE of Silicon Valle is sim- cities,along with the special problems and Housof new that causes motivated people to perform at Y urban centers,such as Los An : , ply a variation of the age-old process of eco- ton their maximum. noetics driving the rise of cities: Throughout Again thisq as its dark side. de. People who histo and duringthe The fact that Silicon Valleys true nature Is value a more quiet, contemplative life style, the U ted States,,economic the a wo c have been not widely recognized Is the result of a fortui- with less emphasis on material wealth or pro- tpus at the core of urbanization. accident of geography:To many out�ders, .fessionai-statum,probably do not find the Sili- Silicon Valley and the San Francisco area are con Valley environment to be very enjoyable. New York, New Orleans and Boston are viewed as au gic locations based'onit. The proximity of San Fran- And'Silicon Valley's development has In- among the many cities that water transportationtion.. ,that gained from stciscovery much like a quaint European city, cluded the problems of most large urban envi- The explosions of Houston, based on oil, and ronments. Traffic congestion is legendary, Pittsburgh, with its steel industry, are two Cjdl� with commuting time ranging from 45 minutes " ` striking examples of the effects of proximity an hour or more common. This situation ximity ` to natural resources. Similarly, the dramatic I 2 BUSINESS wow probably sound familiar to the residents rise of Silicon Valle s the result of a combina- of New York Los Angeles,Chi Y i �:...�.. . � Chicago and Hous- don of factors that made it the cradle of tech- r ' FORECAST ion. nology Overburdened public services are becoming . another charactortstic.At this point,the area is'. These factors Include an attractive climate masks the excesses usually associated with the benefiting from the efforts of.earls that-appeals to mobile,creative es genera- people;asocial dramatic rise of an:economic center,'+:such as, tions to provide adequate fadltties�;''But it is attitude that emphasizes risk-taking v&a focus 19th century Chicago or modern Houston, clear that 1 on securityand:the stimulus provided by vi- The inhabitants-of-Bili n Valle en ocal';parks will bedWe gttite over-sionary leaders such as Frederick Terman, re- siderable advents Y joy COn- crowded, because Public open not be- ges,'the most obvious.being Ing created at anywhere near thiDf popu- tired dean of engineering at Stanford Universi- 'economic,opportunity,Employment. has grown lation growth. Public.services sacdrlas educa- ty.The resultvf these phenomena has been the dramatically in the past-.10 years with an un- tion,public safety and libraries wfll t ntinue to development of the modem metropolis,an eco- usuallylarge - Eli nomie center.without a dominant central core 8. percentage of the new jobs well- deteriorate because the cost of providing these Paying,highly-skilled positions. services rises more quickly than�citlzen inter —a type of,city development most often idea- Thus, the valley,bas provided unparalleled est in paying for them through tm k& dfied with LosAngeles. opportunities for talented and motivated In- In In many ways, the Silicon Valley — the dividuals. At-the top of the pile, numerous l summary,Silicon with a t very rapid- In in the southern end of San Francisco Bay individuals have achieved significant material Y growing �� area with r the economic VO is very similar to Los Angeles. They can rewards:The number of millionaires created In benefits and quality of life problems usually ,oth be described as sprawling conglomera the past 20 years is in the thousands. thisassofact 'with major metropolitan areas. But Ions of residential areas interspersed with Like most things'in life,economic develop- this fact has not been widely recognized be- By ROB ndustrial and local commercial centers. Not ment has Its ugly underside. This involves thcause of the area's high-tech orientation, and -urprisingly, this means Silicon.Valley pro- significant number of _ pparent.Implicit assumption that somehow, 1�VU Ides Its residents with the same advantages as Valley standards - wnrkers�who by it musk be d Terent this thee;-'.. For areas,such as Oregon, likely to right to c assembly and low-skilled service functions. follow in SilIcon:Yalley's,footsteps either.,be The fors$+ The high cost of living In the area means that cause of cent moat Clifford H.Higgerson,special limited part many of these workers cannot en aggressive promotion or natural fac- extensive er and director of the communications joy many of tors, the challenge is stralghtforw : Simply group the benefits of living there. try to find,the appropriate'trade-offs between right to v� f L.F. Rothschild, Unterberg, Towbin in Sae Another benefit of Silicon Valley is the economic,Srowth npd strains on quality of life that refle, r"Cisco,is a member of The Oregonian Buri- vibrancy and feeling of dynamic —one mightto make the exercise worthwhile. : ough deli _ss Forecast Panel say frenetic—change,which some people find countertei Good luck. – : Do the OREGON economic development department 595 Cottage St. NE.,Salem,OR 97310 Industrial Property Inventory System 503/373-1560 SITE DESCRIPTION STD TAX LOT #:O1N-02E-18- -0150(P) ACREAGE: 0001 DATE LISTED: 102584 THIS SITE IS IN PORTLAND IN MULTNOMAH COUNTY. INQUIRY NO. 9111 SITE CHARACTERISTICS: SITE IS NOT IN AN INDUSTRIAL PARK. ZONING IS FOR GENERAL INDUSTRIAL. PUBLIC UTILITIES: WATER SERVICE IS AT SITE. STORM SEWER IS AT SITE. SANITARY SEWER IS AT SITE. NATURAL GAS IS AT SITE. TRANSPORTATION: THIS SITE IS NOT SERVED BY RAILROAD. A BUILDING AT THE SITE WOULD NOT BE VISIBLE FROM THE FREEWAY. THE NEAREST FREEWAY INTERCHANGE IS 10 MINUTES FROM THE SITE. THE SITE IS LOCATED: 10 MINUTES FROM AN AIR CARRIER AIRPORT. 10 MINUTES FROM A GENERAL AVIATION AIRPORT. 15 MINUTES FROM A MARINE PORT FACILITY. THE SITE IS SERVED BY 15 MOTOR FREIGHT CARRIERS. THERE IS A MASS TRANSIT STOP WITHIN 1/4 MILE OF THE SITE. COMMUNITY CHARACTERISTICS: MULTNOMAH COUNTY HAS A POPULATION OF 557,500. PORTLAND, WITH ADJACENT URBAN AREA, HAS A POPULATION OF 552,179 IS 47 MILES FROM THE LONGVIEW METRO AREA (POPULATION: 54,823) . IS WITHIN THE PORTLAND METRO AREA (POPULATION:1,047,005) . IS 47 MILES FROM THE SALEM METRO AREA (POPULATION: 139,044) . HAS A FOUR-YEAR COLLEGE IN THE CITY. HAS A TWO-YEAR COLLEGE IN THE CITY. BUILDING CHARACTERISTICS: AVAILABLE FOR LEASE. BUILDING HAS 18,000 SQUARE FEET AND IS 5 YEARS OLD. BLDG SPACES(SF): 3,800 OFFICE; 18,000 PRODUCTION; 18,000 WAREHOUSE. CONSTRUCTION IS PRECAST CONCRETE. OCCUPANCY IS FOR MULTI TENANT. LOADING FACILITIES ARE DOCK—HIGH AND GRADE—LEVEL. CEILING CLEAR HEIGHT IS 18 FEET. PARKING IS AVAILABLE FOR 20 CARS. PROP OWNER: LIST AGENT:NORRIS, BEGGS & SIMPSON 720 SW WASHINGTON ST 503/223-7181 (TED COVALT/KEN BOYKO) PORTLAND, OR 97205 ECON DEVEL:ALLAN MANN, PORTLAND METROPOLITAN REGIONAL MANAGER 503/229-5363 OREGON ECONOMIC DEVELOPMENT DEPARTMENT, PORTLAND NOTE:LOCATED AT 6731 HE 47TH AVENUE, THE AIR MAC BUILDING LEASES FOR $3650 PER MONTH NNN. IT FEATURES A TWO—STORY OFFICE CONFIGURATION (1600 SQ FT ON EACH FLOOR), AMPLE TRUCK STAGING AREA AND OUTSIDE STORAGE, AND HIGH AMPERAGE, 3—PHASE ELECTRICITY. 1983-84 TAXES ARE $8958.10. THE BUILDING IS SITUATED ON 3/4 ACRE ADJACENT TO COLUMBIA BOULEVARD. THE ABOVE INFORMATION HAS BEEN OBTAINED FROM THE OWNER OR OTHER SOURCES THAT WE CONSIDER RELIABLE, BUT WE DO NOT GUARANTEE IT. OREGON economic development department 595 Cottage St.NE.,Salem,OR 97310 Industrial Property Inventory System 503/373-1560 SITE DESCRIPTION STD TAX LOT #:01N-02E-17- -3700(D) ACREAGE: 0028 DATE LISTED: 102584 THIS SITE IS NEAR PORTLAND IN MULTNOMAH COUNTY. INQUIRY NO. 9111 SITE CHARACTERISTICS: SITE IS IN AN INDUSTRIAL PARK. ZONING IS FOR GENERAL INDUSTRIAL.' PUBLIC UTILITIES: WATER SERVICE IS AT SITE. STORM SEWER IS AT SITE. SANITARY SEWER IS AT SITE. NATURAL GAS IS AT SITE. TRANSPORTATION: THIS SITE IS NOT SERVED BY RAILROAD. A BUILDING AT THE SITE WOULD NOT BE VISIBLE FROM THE FREEWAY. THE NEAREST FREEWAY INTERCHANGE IS 05 MINUTES FROM THE SITE. THE SITE IS LOCATED: 01 MINUTES FROM AN AIR CARRIER AIRPORT. 01 MINUTES FROM A GENERAL AVIATION AIRPORT. 15 MINUTES FROM A MARINE PORT FACILITY. THE SITE IS SERVED BY 99 MOTOR FREIGHT CARRIERS. THERE IS A MASS TRANSIT STOP WITHIN 1/4 MILE OF THE SITE. COMMUNITY CHARACTERISTICS: MULTNOMAH COUNTY HAS A POPULATION OF 557,500. PORTLAND, WITH ADJACENT URBAN AREA, HAS A POPULATION OF 552,179 IS 47 MILES FROM THE LONGVIEW METRO AREA (POPULATION: 54,823). IS WITHIN THE PORTLAND METRO AREA (POPULATION:1,047,005) . IS 47 MILES FROM THE SALEM METRO AREA (POPULATION: 139,044). HAS A FOUR-YEAR COLLEGE IN THE CITY. HAS A TWO-YEAR COLLEGE IN THE CITY. PROP OWNER:BEDFORD PROPERTIES, INC. P.O. BOX 20686 503/257-0716 (CONTACT: JIM HORSLEY) PORTLAND, OR 97220 LIST AGENT:NORRIS, BEGGS & SIMPSON CONTACT: TED COVALT) 503/223-7181 720 SW WASHINGTON, SUITE 250, PORTLAND, OR 97205 ECON DEVEL:ALLAN MANN, PORTLAND METROPOLITAN REGIONAL MANAGER 503/229-5363 OREGON ECONOMIC DEVELOPMENT DEPARTMENT, PORTLAND NOTE:THIS SITE IS AVAILABLE FOR SITE DIVISION AND LOCATED WITHIN THE FREE PICKUP AND DELIVERY ZONE FOR PORTLAND INTERNATIONAL AIRPORT. ZONING IS SUITED TO LIGHT DISTRIBUTION AND LIGHT ASSEMBLY MANUFACTURING, AS WELL AS OFFICE USES. SITE IS ADJACENT TO COLWOOD NATIONAL GOLF COURSE AND HOTEL AND MEETING FACILITIES. THE ABOVE INFORMATION HAS BEEN OBTAINED FROM THE OWNER OR OTHER SOURCES THAT WE CONSIDER RELIABLE, BUT WE DO NOT GUARANTEE IT. w CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22, 1984 AGENDA ITEM #: /7, 2- DATE SUBMIT"TED: October 17, 1984._ PREVIOUS ACTION: ISSUE/AGENDA TITLE: Non-Remonstrance Policy _ PREPARED BY: William A. Monahan REQUESTED BY: DEPARTMENT HEAD OK: .� CITY ADMINISTRATOR: INFORMATION SUMMARY Attached is a memorandum which attempts to clarify the City' s policy on requiring half street .improvements and the means of assuring that a developer will complete his obligations. Besides constructing the improvements simultaneous with property development, the developer's options are: 1) Bond the improvements 2) Place the cost of improvements in a bank account which will be maintained until the improvements are made. The language of the Code requires that a "future improvement guarantee" be made. The staff interprets the language to mean that these are the only options available to a developer. Non-remonstrance agreements are not an option. ALTERNATIVES CONSIDERED 1. The Council may adopt the staff interpretation of the City policy on street improvements. 2. The Council. may modify the staff's interpretation, SUGGESTED ACTION The staff recommends that the Council adopt the staff' s interpretation concerning street improvements, O721P MEMORANDUM CITY OF 1'IGARO, OREGON TO: Members of the City Council. October 17, 1984 FROM: William A. Monahan, Director of Planning and Development SUBJECT: Non Remonstrance Policy Recently several property owners requested that the City vary its policy on requiring guarantees of improvements when development takes place. This memo is intended to serve as a statement and clarification of what the present policy is and what it means. If the Council agrees that the staff' s interpretation is accurate, the non—remonstrance policy should be ratified. Section 1.8. 164.030 of the Community Development Code provides for the following: 18. 164.030 Streets A. No development shall occur unl.ess the development has frontage on approved access to a public street. 1. Streets within a development and streets adjacent to, shall be improved in accordance with this Code. 2. In addition, any new street or additional street width planned as a portion of an approved street plan shall be dedicated and improved in accordance with this Code. 3 . Where the City Engineer determines that a required street improvement would not be timely, or where lack of support by the other property owners would prevent a complete street improvement, the City Engineer may accept a future improvement guarantee in a form approved by the Public Works Director. In addition, Policy 8. 1.3 of the Plan provide in part: 8. 1. .3 THE CITY SHALL REQUIRE AS A PRECONDITION TO DEVELOPMENT APPROVAL THAT: a. DEVELOPMENT ABUT A PUBLICLY DEDICATED STREET OR HAVE ADEQUATE ACCESS APPROVED BY THE APPROPRIATE APPROVAL AUTHORITY; b. STREET RIGHT-0F- JAY BE DEDICATED WHERE THE STREET' IS SUBSTANDARD IN WIDTH; . ° , o. THE DEVELOPER C0MMIT TO THE CONSTRUCTION OF THE STREETS' CURBS AND SIDEWALKS TO CITY STANDARDS WITHIN THE DEVELOPMENT; d . INDIVIDUAL DEVELOPERS PARTICIPATE IN THE IMPROVEMENT OF EXISTING STREETS' CURBS AND SIDEWALKS T0 THE EXTENT OF THE DEVELOPMENT'S IMPACTS; e. STREET IMPROVEMENTS BE MADE AND STREET SIGNS OR SIGNALS BE PROVIDED WHEN THE DEVELOPMENT IS FOUND TO CREATE OR INTENSIFY A TRAFFIC HAZARD; These Code and Plan sections apply anytime that a street improvement is needed when development activity is proposed. Improvements are not required at the time of development only when the conditions in section 18 . 164.030 A. (3) are met. These conditions state that the City Engineer must "determine that the required street improvement would not be timely, or where lack of nuppurt. . . would prevent a complete street improvement." If the City Engineer makes such a determination he then may accept a "future improvement guarantee in a form approved by the Public Works Director." The major issue is, what constitutes a "future improvement guarantee" and, what is the meaning of "commit to the construction"? . Applicants for development have maintained that a non-remonstrance agreement would also serve this purpose, The City disagrees, based on an opinion of the City Attorney' s office. A copy of that opinion, dated 1/12/84' is attached . A guarantee is a formal assurance that something is as represented or that a specified act will be performed. Therefore' the guarantee mu-st provide that it is assured that the public improvements will be provided by the property owner in accordance with City standards . The City staff propose the following options: 1. The developer may bond the cost of the entire improvement. The bond must be maintained until the improvements are completed. This option results in the developer paying bond- carrying costs an well an the actual improvement costs. The developer benefits by delaying the allocation of funds to the improvement. 2. The developer may place the full cost of improvements into an interest bearing a000unt. The account would be co administered by the applicant and the City. The applicant would not be able to make withdrawals without the approval of the City . This option allows the applicant to avoid bonding costs while holding off on improvements until the City determines that an areawide need exists. Benefits could include reduced costs due to economies of wnale. Also, the improvement could be better planned to relate to the improvements of adjoining properties. An option not recommended by the staff is the execution of a non-remonstrance agreement by the applicant for a future local improvement district. Problems associated with this are outlined in Attorney Brockman's letter. In addition, the primary method of utilizing non-remonstrance agreements relates to the formation of local improvement districts (LID) . The whole question of the availability of LID' s is now uncertain with Measure 2 pending. Even if Measure 2 does not pass, the likelihood exists that future legislation or referenda could pass which negates the value of any non-remonstrance agreement executed now. Therefore, the Council should take action to ratify the staff' s interpretation that a "future improvement guarantee" allows a developer the option of bonding all public improvements or creating ,a separate joint bank account with the City to hold funds for construction until the improvements are completed. The language is not interpreted to allow the use of a non-remonstrance agreement. If the Council disagrees with staff, further action is needed to clarify the intent of the Plan and Code language. 0721P ATTORNEYS AT LAW 1727 N.W. HOYT STREET TO Bob Jean, Frank Currie &- 8111 Monaha PORTLAND. OREGON 97209 15031 222.4402 FROM Adrianne Brockman RE Nonremonstrance Agreements You have asked me to review a number of nonremonstrance agreements . Recently, you have asked me to review a form entitled "Consent to Annex to the City of Tigard and Waiver of Right of Remonstrance . " The purpose of this memorandum is to raise what may be legal defects with this process and to recommend that nonremonstrance agreements be used as a last alternative. You should understand that I am not signing to the effect that a nonremonstrance agreement is legally enforceable when I sign it as to form, but rather that it is proper as to form. The question is whether nonremonstrance agreements are legally enforceable and, in fact, I am of the opinion that they absolutely are not enforceable if they are not recorded. The following are the issues which I see. You may wish to direct us to research the matter, but I want to caution you that it will be time-consuming because this issue has not been litigated, yet. It has not been litigated because jurisdictions have "backed off" when it has come to the doorstep Of litigation. The issues are; 1 . Is the right to remonstrate a "right to vote?" Certainly it has that effect because if the people owning 66% of the property object to the project, it is dead for at least six months. So, the right to object is , in fact, a right to vote. 2. If the right to remonstrate is a "right to vote, " under the U. S . and state constitutions can the city hold services, etc. as a hostage until the property owner relinquishes or signs away the right to vote? ; and 3 . Under the constitution can you enforce a contract with someone whereby the person has contracted away their constitutional right to vote? 4 . Assuming the nonremonstrance agreement process is legal with regard to the person who signs the agreement, can I take away the right of some future owner' s right to remonstrate? That is , if I sign an agreement, can I bind the purchaser of my property to a nonremonstrance agreement? Hopefully, the above questions will assist you to see the poi: ible problems . Therefore, the city should not rely on the remonstrance agreement as being anything more than a bluff. I am not suggesting that you do away with the process because it may be legal . hather, you should use it but be conscious that we may not be able to enforce AB.mch 1/12/84 � f cC Portland CSI Electric Company C Leo E. Chaffin Vice President and General Division Manager October 17, 1984 Mayor John Cook City of Tigard 12420 SW Main St Tigard OR 97223 Dear Mayor: I have recently assumed the position of Vice President of Division Operations here at Portland General Electric Company. One of my most important responsibilities is the maintenance of an open channel of communication with each of the nearly one hundred local governmental organizations in our 3,000-square mile service territory. As a former Division Manager of the Company, I know how hard our Division and District Managers and their staffs work to ensure that local governments have ready access to Portland General Electric Company on a variety of subjects related to the use and conservation of energy, the economic health of the communities we serve, and ways to further improve the cooperative relationships between your organizations and ours. One very important person in this effort is Chuck McClellan, the Western Division Manager who has direct responsibility for PGE activities and relationships with the City of Tigard. Chuck McClellan can call upon our full corporate resources to assist you and all of your residents and business or community leaders in achieving the goals mentioned above. One of the important areas of concern these days is the availability of conservation programs to our local communities and their residents. On this issue, as with any other dealings with the interface with PGE and your city, Chuck McClellan should be your first point of contact. In this matter, as in any other matter in our industry, he can bring the full resources of the Company to your assistance. Si nc rely, LEC/Bkd 3078d.1O84 2' S.W.Salmon Street,Portlann, O,e:,on 97204