City Council Minutes - 05/15/1989 T I G A R D C I T Y C O U N C I L
r REGULAR MEETING MINUTES - MAY 15, 1989 - 6:30 P.M.
` 1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn
Eadon, Valerie Johnson, Joe Kasten, and John Schwartz; City Staff: Pat
Reilly, City Administrator; Chuck Corrigan, Legal Counsel; Keith Liden,
Senior Planner; Jill Monley, Community Services Director; Ed Murphy,
Community Development Director; Catherine Wheatley, Deputy City
Recorder; and Randy Wooley, City Engineer.
2. STUDY SESSION
a. Volunteer Dinner - Community Services Director reviewed plans for
the Volunteer Dinner to be held at Fowler Junior High on May 31st.
b. Tree Policy - community Development Director reviewed his
memorandum concerning a "Tree Policy." The draft policy
identified objectives for protection of existing trees as well as
the question of whether citizens should be allowed to plant in
public rights-of-way.
Discussion followed. Concern was expressed over a policy of
allowing citizens to plant trees on their own initiative -- this
raised questions of liability and continued maintenance. Mayor
said he thought this question should be researched to determine
if property owners could be required to maintain landscaping in
rights-of-way.
There was discussion on planting of trees on City street projects
such as Durham Road. City Engineer reported that placing
landscaping islands in the center of streets does sometimes slow
down traffic.
Consensus was to discuss this topic further during a June Study
Agenda.
C. City Engineer reviewed the Traffic Safety Bond Project Schedule:
- Bonita Road (Hall-83rd) - Scheduled for July bid;
83rd-Fanno Creek 1991 Project
- Durham Road - signal @ Hall - ODOT agreement approved
Street - survey work underway
- Gaarde/99W - potential right-of-way acquired - design
decision to follow
- Greenburg Road - Bridge + Tiedeman signal done - Wilsey &
Ham designing for 1990 construction
- Locust Street - Scheduled for July bid. There was Council
discussion on this item; staff will be preparing cost
differentials between 2/3 and 1/2 street improvements.
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Main Street Project - Project selection by Council
scheduled for May 22, 1989
- McDonald Street - Signal @ Hall - August bid; Street
survey work beginning.
Walnut Street - Scheduled for July bid
69th/99W - Scheduled for 1990
121st Avenue - Scheduled for August bid; Scholls
intersection scheduled for 1990 (Earlier concerns
expressed by neighbors have been addressed.)
d. Councilor Kasten reported on status of MSTIP/2 proposal. He
advised Beaverton was supportive of the program. Tigard
currently has no projects listed in the proposal; however, some
projects could be submitted to the technical review committee.
Council discussed the need for assurance projects would be
completed in the Tigard area; otherwise, they did not feel Tigard
should support.
e. In response to a request by Community Development Staff, Council
consensus was to approve placement of signs on roads during
Transportation Safety Bond Project construction. There was no
objection to using "Terry the Tiger" on the signs.
f. Council discussed the Public Hearing process scheduled for the
agenda and asked staff to clarify some issues concerning traffic
issues.
3. VISITOR'S AGENDA
a. Larry G. Newth, 12180 S.W. Merestone, Tigard, Oregon, noted
concern over Canadian geese near his home on 121st. He advised
the water level in an old beaver dam was low; the geese habitat
was threatened and there was a problem with mosquitos and odor.
He requested help with dam restoration. Mayor requested staff
work with Mr. Newth to determine if the City can be of assistance
or if another government agency would be more appropriate.
4. BUDGET COMMITTEE APPOINTMENT - WILLIAM J. SCHEIDERICH
a. RESOLUTION NO. 89-39 A RESOLUTION OF THE TIGARD CITY COUNCIL
MAKING AN APPOINTMENT TO THE BUDGET COMMITTEE
b. Motion by Councilor Johnson, seconded by Councilor Eadon, to
approve Resolution No. 89-39.
The motion was approved by a unanimous vote of Council present.
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5. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 89-05 & ZONE CHANGE
ZC 89-05; CROW OREGON, INC. ; NPO #8
A request for a Comprehensive Plan Amendment from Low Density
Residential to Professional Commercial and a Zone Change from R-4.5
(Residential, 4.5 units/acre) to C-P (Professional Commercial) for 9
parcels totalling approximately 1.84 acres. Also requested is an
amendment to the Metzger-Progress Community Plan to revise alignment of
Lincoln Street. LOCATION: 9220, 9260, 9330 Locust; 10175 92nd; 9225,
9255 Mapleleaf (WCTM 1S1 35AB, Tax Lots 700, 701, 702, 500, 501, 600,
900, and parts of 2800, 1002) .
a. Public Hearing was opened.
b. Councilor Kasten declared he has had discussion with others
concerning the subject of the public hearing; however, he would
be able to participate and render an unbiased decision.
C. Staff report by Senior Planner Liden: He referred to a map
displayed for familiarization with the location. He noted the
three components to the applicant's request as contained in the
memorandum to the City Council from the Community Development
Director dated,. May 9, 1989. Staff has reviewed the application
and has concluded the request satisfies all policies with the
exception of concerns about traffic impacts.
d. Public Testimony
Proponents
o Jack Steiger, 18436 S.W. Sandpiper, Lake Oswego, testified he
owns property on Hall Boulevard and was in favor of the
proposal. He said he believed Trammel-Crow would construct a
good development for the City.
o Mike Schrech, 10617 S.W. Windsor Court, Tigard, Oregon,
testified in favor of the development because of economic
benefits as well as amenities such as improved sidewalks.
o Andrew Snyder, 12290 S.W. Foothill Boulevard, (Cedar Hills),
Portland, Oregon, testified in favor of the request noting
this development would improve the neighborhood. He said he
believed Washington Square was the cause of most of the
traffic problems and noted an office building would not have
as much traffic impact as a retail development.
o Doris Klein, 9220 S.W. Locust Street, Tigard, Oregon,
testified she has owned property at this location for the last
20 years and was in favor of the project.
o Brian Bean, 9225 S.W. Mapleleaf, Tigard, Oregon, testified in
favor of the project to accommodate the proposed parking
design.
o Terri Bean, 9225 S.W. Mapleleaf, Tigard, Oregon, testified she
was very much in favor of the proposal by Trammel-Crow.
Page 3 - COUNCIL MINUTES - MAY 15, 1989
o Brian Halverson, 10180 S.W. 93rd Street, Tigard, Oregon,
testified his was the only residence which faces Trammel-Crow
at this time. If a large parking structure was built, he said
his property value would decrease. He also advised he felt
the traffic volume in the area on the weekends was as bad, if
not worse, than during the weekdays.
o Barry Helm, 9255 S.W. Mapleleaf, Tigard, Oregon, requested
Council approve the project as proposed so a large parking
structure would not be constructed.
Councilor Johnson asked for clarification from Senior Planner Liden
concerning the zoning in the area presently. He advised the Code does
not specifically address parking structures; however, height of any
structure was limited to 45 feet.
o Lin Mcatee, 7039 S.W. Pine, Tigard, Oregon testified she has
lived at this address for about five years and has observed
previous Trammel-Crow development. She enjoys the lighted
area and sidewalks. She said she was very much in favor of
the development.
o Ann Creswell, 8775 S.W. Locust, Tigard, Oregon, testified she
agreed with Mr. Steiger in that it was inevitable that the
area around Lincoln Center and Washington Square would be
developed. She noted she has been impressed with
Trammel-Crow's buildings and with their desire to preserve the
integrity of the area. She said she was in favor of their
request.
o Mark Vander Yacht, 9125 S.W. Locust, Tigard, Oregon, testified
he was a County resident. He said he also said he can see the
development from his front-room window. He advised he was in
favor of the request; he stated Trammel-Crow has improved the
area. He noted a problem with Washington Square traffic
problems.
o Marty Presley, 9260 S.W. Locust, Tigard, Oregon, advised she
was in favor of the project.
o Michael Presley, 9260 S.W. Locust, Tigard, Oregon, said he was
in favor of the zone change as well as the relocation of S.W.
93rd Avenue.
o Rich Rogers, 9140 S.W. Locust, Tigard, Oregon, said he would
live right next to the parking structure if it was built. He
noted traffic problems attributable to Washington Square.
He advised the street to the school was narrow and hazardous.
Trammel-Crow agreed to allow people to park their cars in
their parking lot during school functions; this would
eliminate some of the traffic problems in the area.
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o Cathy Chase, 8365 S.W. Steve, Tigard, Oregon, testified she
was representing NPO #8 and also was on the School Committee
for Metzger school. She reviewed several meetings held on the
Trammel-Crow proposal held in the community:
C - On April 12, there was discussion on a Local Improvement
District which would be paid for by Trammel-Crow, Unisys,
& Dr. Davis to complete the 93rd roadway. At this meeting
school representatives, including Dr. Joki, voted in favor
of the request.
- On April 19, NPO #8 met and they, too, voted in favor of
the Trammel-Crow LID proposal. She advised this meeting
was well attended.
on April 20, Metzger parents met at the school with school
representatives. A future meeting was set for May 3. No
conclusion was drawn at this time.
On April 26, PFA, the Local School Committee, faculty and
interested parents met Mr. Blake from Trammel Crow.
support was expressed by everyone present.
on May 2, the Planning Commission met and approved the
changes to the street.
At the May Parent-Faculty Association meeting the subject
was opened and everyone present was allowed to vote;
everyone voted in favor of the proposed changes.
o David Blake, 10260 S.W. Greenburg Road, Tigard, Oregon
f the proposal. Initially, they
explained the background o
proposed to develop a building on their property which was
already zoned for a parking structure up to 45-feet high.
The new proposal takes into consideration comments received
from the neighbors concerning what they
structure would llke would to see
ee
happen. A several-story pg
out-of-place with its suburban environment.
The proposed plan would accommodate both the parking for the
building as well as the neighborhood's concerns about a
high-rise structure. Mr. Blake referred to drawings on
display which illustrated a parking facility consisting of one
sub-grade level and parking at ground level.
The land proposed for rezoning was initially under County
jurisdiction. A portion of the property was being used for
parking under a Conditional Use Permit issued by Washington
County. The rezone request was made to expand the land area
upon which the parking area could be located. if the vote was
against this, the parking spaces would not decrease. He said
he believed the proposal, if implemented, would help to
decrease traffic congestion in the area.
Page 5 - COUNCIL MINUTES - MAY 15, 1989
Mr. Blake reviewed the proposed street realignment noting how
this would accommodate the area's needs. He referred to
comments from Tom Schwab of the Oregon Department of
Transportation who was in favor of the realignment.
Realignment benefits would include promotion of:
o Reduced traffic speeds because of gentle curves.
o Better "stacking" of cars onto thoroughfares.
o Better traffic flow onto Locust Street because of
increased length of street.
The realignment of the road was done in an attempt to satisfy
the desires of the neighborhood, the school, and the existing
tenant base.
Opponents
o John S. Blomgren, 9460 S.W. Oak Street, Tigard, Oregon, noted
he has lived at this location for many years and was there
before Washington Square was built. He advised he was on the
CPO when the planning for Metzger was done. He noted he was
involved with the County traffic circulation study in 1985
which was now being utilized by th City of Tigard. In 1980, a
line was drawn between Oak and Locust (designated as 93rd
Street) . At that time, Trammel-Crow was building their
existing structures and put up a sign for "No Through
Traffic." This made it difficult for nine pieces of property
to obtain access to major streets.
The 93rd Street alignment, now drawn as a straight line on the
Transportation Plan, would better accommodate access for
private property owners. Mr. Blomgren estimated there would
be approximately 1,200 parking stalls in the entire
Trammel-Crow development. He noted traffic problems in the
area because of increased volumes and speed as well as trucks
parking in "No Parking" areas.
Mr. Blomgren advised he felt the proposed alignment of 93rd
would not slow the traffic. He reiterated a straight,
fully-improved street would best serve the needs of the area.
Mr. Blomgren submitted a list of residents who were opposed
the the Trammel-Crow proposal.
o Ron Mills, 10620 S.W. 95th Avenue, Tigard, Oregon, noted his
basic concern was for the proposed realignment and the curved
configuration. While not definitely opposed to the proposal
at this time, he advised he was not sure it was necessary.
The exit from this area has been a problem and even an extra
200 yards was something he and his neighbors would have to
deal with.
o Dr. Gene Davis, 10875 S.W. 89th Avenue, Tigard, Oregon,
referred to the 93rd Local Improvement District which had been
proposed in concept to Council, but was not formed. He noted
lconcern with the curved configuration of the Trammel-Crow's
proposed 93rd street.
Page 6 - COUNCIL MINUTES - MAY 15, 1989
Mr. Davis advised that property owners south of Oak Street had
not been notified of the hearing on this proposal. He said
that even though the property south of Oak Street was not
within 250 feet of the proposal, there was 40 to 50 acres
which had access problems and would be affected by the
proposed realignment. He requested Council delay action until
after a Comprehensive Plan review of the the entire Metzger
Community so several traffic issues could be resolved. Dr.
Davis said the current proposal would only solve the problems
for one piece of property.
Dr. Davis further advised there was a substantial amount of
property zoned for commercial development. He said more
commercial land was not needed until some of the existing area
had been developed.
Mayor asked if anyone south of Oak Street was ready to develop
and pay for a roadway. Dr. Davis responded that his earlier
efforts to form an LID to develop 93rd Street had been
successfully blocked by Mr. Blomgren and his supporters. He
noted he would like to see the community work together in
resolving the transportation issues.
In response to questions from Councilor Johnson, Dr. Davis
noted the proposed curve in the 93rd Street realignment would
effectively depreciate the possibility of development of his
property.
In response to Dr. Davis' objection to notification process,
Mayor asked staff if proper notification had been given.
Senior Planner Liden advised public hearing notice was mailed
to property owners within 250 feet of the proposal, the CPO
was notified, the NPO was notified, and a publication appeared
in the newspaper. Therefore, notice, as required by the Code,
was given.
o Joel Adamson, 9200 S.W. Oak, Tigard, Oregon, advised he was
president of a corporation which owns 3-1/2 acres. He
submitted a petition signed by 18 people in the area who
opposed the development. The principal reasons for their
opposition were the traffic problems and access to the area.
Between Oak Street and 217, there was more than 40 acres of
land which could be developed commercially. He advised he did
not hear about Trammel-Crow's proposal until the after the
public meetings were announced. The traffic problem needs to
be solved so the area can be developed. If the proposal was
adopted, it would hinder access to the area between Oak Street
and 217. He recommended Council wait to look at the
Comprehensive Plan for the entire development. He said the
Trammel-Crow proposal represented piecemeal development.
Page 7 - COUNCIL MINUTES - MAY 15, 1989
o Nina Mills, 10620 S.W. 95th, Tigard, Oregon noted she was
opposed to the development. In response to her request for
clarification of the status of the proposed 93rd Street ,
Senior Planner Liden advised it would be a public, minor
collector street.
e. Recommendation by Community Development Staff: Community
Development Director summarized staff's concerns as contained in
their written staff report which was submitted to Council.
Traffic issues needed to be resolved for the entire area along
with the review of how the City would like to see the area
developed overall. Staff's recommendations were:
o Approve the request to amend the Comprehensive Plan land
use map from medium Density Residential to Commercial
Professional and the zoning map from R-12 to C-P;
o Deny the request to amend the Comprehensive Plan from Low
Density Residential to Commercial Professional and the
zoning map from R-4.5 to C-P;
o Deny the request to amend the Metzger-Progress Community
Plan regarding the realignment of SW 93rd Avenue (Lincoln
Street).
f. Public Hearing was closed.
g. Council consideration. Discussion followed with comments as
follows:
o Not persuaded that by inhibiting this development, the
City would solve the traffic problems in the area.
o Consensus to require deed restriction, as recommended by
the Planning Commission, which would limit land use of the
amended parcel to a parking facilities use only.
o The fact that Trammel-Crow had agreed to let the school
use the parking facility for overflow parking during
school functions would be advantageous to the neighborhood.
o Consensus was that proper public notice had been given.
In addition, the issue had been given extensive coverage
in the press.
o Not persuaded there was merit to the argument to curtail
development in one area in order to force it somewhere
else.
o Action on this item should not be taken as signal to the
community that the City will discontinue efforts to
resolve transportation issues for the entire area.
o Consensus was that the Comprehensive Plan requirements had
Cbeen satisfied.
Page 8 - COUNCIL MINUTES - MAY 15, 1989
Motion by Councilor Eadon, seconded by Councilor Schwartz, to
affirm the Planning Commission's decision, as conditioned; the
r-. wording for the development proposal was to be drafted by the
( applicant and submitted to the City Attorney for review.
The motion passed by a unanimous vote of Council present.
6. COUNCIL DISCUSSION ON AMEi'DMENT TO NOISE ORDINANCE
a. Senior Planner Liden reviewed staff work to date on drafting an
amendment to the noise ordinance. Discussion followed on hours
that certain noise levels would be allowable, adequate protection
of residential areas near commercial uses, and permitting of
special events (i.e. , music) . Senior Planner outlined research
performed by staff noting a review of standards issued by DEQ as
well as standards adopted by other communities. A public hearing
on this issue has been scheduled for June 12, 1989.
7. EXECUTIVE SESSION: The Tigard City Council went into Executive
Session at 9:54 p.m. under the provisions of ORS 192.660 (1) (a) , (d),
(e), & (h) to discuss Police Chief selection, labor relations, real
property transactions, and current and pending litigation issues.
8. ADJOURNMENT: 10:30 p.m.
Approved by the Tigard City Council on June 26, 1989.
Deputy Recorder - Ci y of Tiga
ATTEST:
City of TigAild
Council President
cw/0071D
C
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