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City Council Minutes - 06/12/1989 TIGARD CITY COUNCIL NEMM ZDNUMS - Jam 12, 1989 1. IEM CALL: Present: Mayor Jerry Edwards; Councilors Carolyn Eadon, Valerie Johnson, and Joe Kasten. Staff Present: Pat Reilly, City Administrator; Keith Liden, Senior Planner, Ed Murphy, Cmmunity Development Director; Tim Ramis, City Attorney; Catherine Wheatley, Deputy Recorder; and Randy Wooley, City Engineer. 2. STCVY SESSION: a. Washington County Commissioner Roy Rogers updated Council on the transportation funding proposal for MSTIP/2. In response to Tigard's concern for receiving more benefit, several projects were added. (See Council packet for June 12, 1989, memorandum from City Administrator to Council summarizing changes.) Commissioner Rogers suggested the MS=/2 improvements to portions of Durham and Greenburg Road be implemented early. He advised money could be saved if the projects were done in conjunction with Tigard's projects on portions of these roads. Commissioner Rogers advised he was in favor of the MSTIP/2 with the revised project list. r Commissioner Rogers briefly reviewed the County's Transportation Improvement Fund (TIF) disbursement; he advised the County needed to review expenditure of these funds. He noted improvements at 150th and Bull Mountain utilized TIF. Further discussion was held on the MS=/2 proposal. Council noted their concern over whether this issue could be successfully presented to the voters. It was noted MSTIP/1 had not been completed as initially proposed. Credibility may have been lost. Commissioner Rogers acknowledged these concerns; however, the transportation problems must be addressed. Commissioner Rogers noted construction costs would increase significantly as the result of new drainage regulations (i.e., treatment of water runoff) . Estimates for the cleanup effort of the Tualatin River have ranged from $30 - 40 per household per month. There was discussion on the timing of a September election in relation to the potential City park levy. Commissioner Rogers explained the proposal for the MSI'IP/2 was timed so that as MSTIP/1 ends, MSTIP/2 could begin. C City Council Minutes - June 12, 1989 - Page 1 Commissioner Rogers distributed several worksheets which illustrated differences in costs between certain areas outside City limits as opposed to the expense to annex. (This handout material was filed with the packet of meeting material.) (Commissioner Rogers left at 6:45 p.m.) b. Richard Devlin, Councilor for the Metropolitan Service District visited with Council on current events at MEMO: o To dispel recent rumors, he advised that no metro-wide police department had been discussed. o Regional library concept had been discussed; no studies have been authorized. o Regional parks have been considered; proposal would be to develop a regional network of natural parkways along stream corridors. o Principal project now under consideration was contracting for infrared aerial photographs of the entire region. o He discussed the dynamics of a 12 member Board (as is NrM). o He advised MET_R3 will probably be looking for a solid waste transfer station in the Tigard/Beaverton area. o Urban growth boundaries for jurisdictions were to be reviewed periodically. Modifications to existing urban growth boundaries would be likely. 3. E UTM SESSION: The Tigard City Council went into Executive Session at 7:15 p.m. under the provisions of ORS 192.660 (1) (a) , (d) , (e) , & (h) to discuss labor relations, Police Chief selection, real property transactions, and current and pending litigation issues. (Council meeting reconvened at 7:31 p.m.) 4. Twh= J@IICR HIO$ S®CL N=W - TRAFFIC SAFETY CONCERNS a. Caryn Bales, 9435 S.W. Siletz, Tualatin, Oregon, testified she was a student at Twality Junior High. She referred to the tragic death of her classmate, Adam Speight, as the result of a pedestrian/vehicle accident on Durham Road. She noted safety issues to be addressed and cited the mmiber of students and vehicles which travel Durham Road daily. She advised similar concerns had also been expressed by the Police Department. City Coil Minutes - Juin 12, 1989 - Page 2 i b. Danielle Wakefield, student at Twality Jr. High, testified on the difficulty of safely traveling Durham Road. She pointed out the increased amount of commercial and residential developnent which has added to the congestion. She asked Council to help keep children safe in the area. C. Stephanie Sours, 10050 S.W. Riverwood lane, Tigard, Oregon 97224, testified the speed limit on Durham Road was set too high. She requested Council petition the State to lower the speed limit. !. d. Tisha Furukawa, 15025 S.W. 89th Place, Tigard, Oregon 97224 referred to Senate Bill 9775 which would return the right to set speed limits to the cities. She identified several other options for the City to consider which included installation of pedestrian cross-lights with pedestrian-activated buttons. She suggested the lights be installed near the high school and at the S.W. 104th . intersection. i (The students submitted several traffic speed surveillance sheets; these have been filed with the meeting packet material.) j e. Donna Worsley, 16375 S.W. Sylvan Court, Tigard, Oregon 97224 I presented a video tape which was viewed by Council. Students had been filmed crossing Durham Road to catch the school bus. The tape illustrated the steady stream of traffic and congestion at the intersection. later in the meeting, Ms. Worsley testified that during a recent seven hour time period (the preceding Thursday) , she counted over 8,000 cars traveling Durham. In addition, over 300 cars were tested for rate of travel; the average speed was 44 mph. She advised this was much too fast. f f. Peter Jakubek, 9965 S.W. Serena Court, Tigard, Oregon 97224 testified he lived on the corner of Durham Road in Pick's landing. He noted difficulty he has experienced crossing Durham Road because of the high volume of traffic. He said he felt cars were using him as a target at times. He urged that crosswalks be painted. g. Wendy Knauss, 9410 S.W. Martha, Tigard, Oregon 97224 testified she E takes her children for walks and, when attempting to cross Durham Road, cars would not stop to let them cross. She noted concern over whether cars would stop even if a crosswalk was painted; she recommended signal lights. h. Mike lehew, 10599 S.W. River Drive, Tigard, Oregon 97224 asked for temporary measures to be implemented immediately while permanent f solutions were being sought. He suggested safety tunnels be constructed underneath Durham Road. City Council Minutes - June 12, 1989 - Page 3 i. Wayne Kittleson, 9075 Pinebrook, Tigard, Oregon 97224 testified he was a traffic engineer and had been following this issue. He noted the volume and speed as documented by those who testified earlier was, indeed, a cause for concern. He indicated he supported Senate Bill 9775 which would allow cities to set speed limits on streets within their jurisdictions. He advised further that it was clear from the video tape there were few breaks in the traffic flaw on Durham Road. Mr. Kittleson cautioned that safety alternatives be reviewed carefully; implementation without proper study could worsen conditions noting there were instances when crosswalks do not protect pedestrians as expected. He offered to work with the students. He noted a detailed engineering study of the situation would be necessary. j. After giving all persons present an opportunity to testify, members of Council ccmmyented on the situation: o Mayor thanked the students for their outstanding presentation. He referred to the history of Durham Road and advised Tigard received jurisdiction over the road two years ago. In that time, the City has banned truck travel and has put together an improvement plan which was approved by the voters with passage of the Transportation Safety Bond. Twenty-five percent of the total bond funds were allocated toward the Durham Road improvements. The City was very concerned with the safety of citizens. He noted he was in favor of Senate Bill 9775. In addition, he advised the City would carefully review suggestions for crosswalks and/or signalization installation. He suggested the School District be encouraged to change the school bus stops on Durham Road. o Councilor Johnson thanked the students and others who testified and noted appreciation for their involvement in City government. She advised the City was ccmmitted to doing everything possible to establish safety at Durham Road. She asked that until the City has had a chance to implement safety measures, the students do their part by remembering traffic safety rules. She noted the school bus stop situation should be corrected immediately. o Councilor Eadon thanked the students for their cc mnents. She referred to the planned improvements for Durham Road. In the meantime, she asked all citizens to remind their neighbors to be cautious while the City was implementing traffic improvements. City Council Minutes - June 12, 1989 - Page 4 o Councilor Kasten commended the students for their presentation. He said he hoped the students would be giving the City high marks for responsiveness to the concerns raised. 5. N 'a`i iau OF I CS To THE CITY To cctjGEU=CNAL ANAM IIECIPM'!'S a. Mayor presented Keys to the City and a City of Tigard Logo Pin to Shannon Kasten and James Worley. Ms. Kasten was the recipient of a Bronze Congressional Medal and Mr. Worley received a Gold Medal. ; The Congressional Award is the only award the Congress of the United States presents to youth ages 14 through 23 in recognition of their voluntary public service and personal excellence. 6. pjaoCSAjMMTRK - NATICtM FLAG DAY a. Mayor proclaimed June 14, 1989, as Flag Day in the City of Tigard f and urged all citizens of Tigard to pause at 7:00 p.m. EDr on this date for the tenth annual PAUSE FOR THE PLEDGE and recite with all Americans the Pledge of Allegiance to our Flag and Nation. Mayor announced a Flag Ceremony would be held at 4 p.m. PDT on June 14th at the Tigard City Hall. 7. vIST1Cff I S AGENDA a. Reino and Marilyn Tarkiainen, 14010 S.W. 72nd Avenue, Tigard, Oregon, noted they will be making an offer on some property located behind property they own. co m unity Development Director explained the Tarkiainens' were requesting a Zone Change and Comprehensive Plan Change and normally would have to wait until October to make such an application; they were requesting consideration be alluded sooner. Mrs. Tarkiainen explained if their offer on the subject property was accepted, they would need to build iumiediately because it would bemm a landlocked piece of property when the remaining lot was sold. After consulting Legal Counsel on process, there was a motion by Councilor Johnson, seconded by Councilor Kasten, to instruct staff to initiate the process for hearing the Ccuprehensive Plan Amendim nt proposal as requested. Motion was approved by a unanimous vote of Council present. b. John S. Blcmgren, 9460 S.W. Oak Street, Tigard, Oregon 97223 testified concerning Consent Agenda Item No. .7. Mr. Bloatgren noted his disagreement over changing the aligrmint of 93rd Street so that it would curve instead of remaining straight. He said the curved aligroent would not be of benefit to the neighborhood as had been suggested by Trammel-Crow. City Council Minutes - June 12, 1989 - Page 5 Mayor recalled the prior meeting at which time this topic was t discussed; he noted Council had reached the decision to proceed with the curve in the street as requested by Trammel-Craw. Mr. Blcmgren reiterated that he believed, for future developanent of the entire area, the street should remain straight. He for dtas the area has developed, street alignment had only beeno he benefit of Traimmel-Crow, and had done nothing to benefit the ccnmunity. He requested a thorough study be made of this area. Councilor Johnson responded she, too, preferred straight streets; however by angling the street, the developer would be able to build a less-obtrusive parking structure. She recalled Mr. Blcmgren s testimony at the previous meeting and advised she believed his point of view was considered by Council. Mayor, in response to Mr. Blcugren's concern about development of streets in the area, noted that Washington Square and Tramiel-Crow were both implementing traffic studies and were close to submitting data on their findings for the area. He noted as the area developed, the City would need to monitor the traffic situation and balance the needs of development with the concerns as outlined by Mr. Blcmgren. C. Dr. Gene Davis, 10875 S.W. 89th Avenue, Tigard, Oregon 97223, also testified on Consent Agenda Item No. .7. He asked Council to delay any further action to allow time for more study on several bases. Dr. Davis distributed material to Council which contained a "Notice of Public Hearing" for File No. CPA 89-05/ZC 89-05. He said the description of the lard was not the same as what was shown on the map. He then referred to the Notice of Decision (Site Developwnt Review SDR 89-12/ V 89-17/ M 89-11) and advised that Tax Lots 1004 and 2901 (w M 1S1 35AB) were not included in the public hearing notice. Dr. Davis then referred to pages he marked as 114" and 11511; he noted the street alignment was not the same as the aligrnment which was reviewed by Council on May 15, 1989. Hee adv�.La�rdthhe map pvshownn on Page 5 was what was submitted today the Develcprient office. (All material referred to in Dr. Davis' testimony has been filed with the packet material for this meeting.) Dr. Davis reviewed his efforts to develop his property and at the same time do a transportation plan which would serve the catmnmity• He asked Council to study the transportation plan and address it properly. Dr. Davis advised he had received an offer for purchase of his property frau Mariott for construction of a 134 unit motel. If the transportation issues for this area were not addressed, this real estate transaction could fail. He said he did not see how Trammel Crow's proposal would improve the transportation. City Council Minutes - June 12, 1989 - Page 6 Legal Counsel asked if the "Notice" problem was with the document the Council was considering tonight, or was the problem with the hearing that was held May 15? Dr. Davis explained the "Notice" did not describe the same land mass Council considered at their meeting. Legal Counsel advised that this concern would then pertain to Agenda Item No. 8, Final Order - CcmWehensive Plan Amendment CPA 89-05 & Zone Change ZC 89-05; Crow Oregon, Inc. Sr. Planner Liden clarified the differences in legal descriptions on the documents (notices) presented by Dr. Davis. Several separate issues were being reviewed for this area (i.e., Site Development Review, Comprehensive Plan Amerdment, Street Vacation) . He noted the public notice Dr. Davis was referring to was for a different process but related to the total developnnent. Sr. Planner advised proper notice had been given. Co mmnzity Development Director clarified that Item No. 8 was the proposed Final Order with respect to findings reached by Council on May 15, 1989. The alignment which was shown on the map included with the Final Order would be the alignment to be considered for approval by City Council. In response to a question by Councilor Johnson, community Development Director advised it would be more logical to request Council to adopt the Final Order first (Item No. 8) and then consider the right-of-way license agreement (Consent Agenda Item No. .7) . Legal Counsel asked Dr. Davis if he had been able to testify at the May 15 hearing? Dr. Davis advised he did testify, but because he did not receive early notification, he was unable to coordinate efforts of property owners to the south of Oak Street (about 50 acres) . These people were not within the 250-foot notification area, so they were not alerted. He advised he was not suggesting anything was done improperly or illegally. Dr. Davis noted another concern with regard to a possible Local Improvement District (LID) . Councilor Johnson clarified that Council was not considering an LID proposal at this time. Rather, the changes to the Comprehensive Plan were being made to protect a street alignment in the future. Dr. Davis reiterated he felt that the Comprehensive Transportation Plan had not been adequately addressed. Ca miunity Development Director clarified Council had not received a request, at this point, for LID formation. However, separate from tonight's issue, the Trammel Crow has submitted a site plan. One of the conditions of the site plan was that the developer either participate in an LID or develop two-thirds street improvements. An LID proposal could affect Dr. Davis. City Council Minutes - June 12, 1989 - Page 7 8. CCNEM AGE MA: 8.1 Approve Council Minutes: January 27, 1989, April 24, 1989, May 2, f and 9, 1989. 8.2 Receive and File: Council Calendar 8.3 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB): a) Award Bid for North Dakota Shoulder Widening; b) Award Bid for Parking Lot landscaping, Irrigation Renovation) ; Adjourn LCRB; Reconvene Council Meeting. 8.4 Approve Final Order - Conditional Use CU 89-02 Tigard Assembly of God Church - NPO #3; Resolution No. 89-44. 8.5 Accept City Center Development Plan - Resolution No. 89-45. 8.6 Approve Amendments to Intergovernmental Agreement with Unified Sewerage Agency (Pulled by Council action for future consideration.) 8.7 Approve Right-of-Way Use License Agreement with Trammel Crow Company - S.W. 93rd Avenue and Mapleleaf (Pulled and considered separately by Council -- see Item No. 11) 8.8 Approve Appropriation for Replacement of Damaged Property- Resolution No. 89-46. 8.9 Approve Appointments to the Washington County Transportation Coordinating Committee; Councilor Joe Kasten and City Engineer Randy Wooley (Alternate Representative) City Administrator advised Item .6 would be set over for future review to allow time to for staff to research and respond to questions from Council. Item .3b would be considered during the Non-Agenda and Item .7 would be considered after Council consideration on the Final order in Agenda Item No. 8. Motion by Councilor Johnson, seconded by Councilor Eadon to adopt the consent agenda with the exception of Item Nos. .6, .3b, and .7 as noted. The motion was approved by a unanimous vote of Council present. 9. PYLIC EgMIUM - AFAMaluffM TO TSE TIGARD H21ICIPAL CHAPTM 7.40 QUISE) a. Public Hearing was opened. b. There were no declarations or challenges. C. Sununation by Senior Planner Liden. Because of problems encountered with the Tigard Marketplace Shopping Center, the Council had expressed an interest in revising the existing noise ordinance standards in the MMC. The proposed draft retains the maximum allowable noise level and adds average maxilmm s that vary in accordance with the type of land use affected. Senior Planner Laden reviewed several sections contained in the proposed ordinance. City Council Minutes - June 12, 1989 - Page 8 d. Public Testimony: o James A. Hart, 10255 S.W. Hillview Street, Tigard, Oregon 97223 testified he was notified of the proposed ordinance last Thursday. He advised he would like to have more time to review the ordinance and have the opportunity to work with staff. He noted several issues he did not feel were addressed. Mr. Hart requested a delay in Council consideration. o Richard Uphoff, 10225 S.W. Hillview, Tigard, Oregon 97223 noted the concerns of his neighborhood in particular which had been affected by the problems at the Tigard Marketplace. He requested for additional time to allow for citizen input. o Francis Brittain, 10285 S.W. Hillview, Tigard, Oregon, noted concerns with noise problems in residential yards and questioned the method of measurement proposed in the ordinance. Mr. Brittain also noted concerns with testing for noise levels in the lower frequencies. He requested consideration of the ordinance be delayed. e. Recommendation by Coxmwnity Development Director: The ordinance, as proposed, would provide clarity to the existing language. He advised the new language was more restrictive than the Department of Environmental Quality yet was not overly protective. He reviewed the process followed by staff in preparation of the proposed language. He agreed additional concerns were brought forth during the public testimony and rimed Council postpone making a decision on the proposed ordinance. f. After discussion, Council consensus was to postpone consideration of Ordinance No. 89-16; the Public Hearing was continued to July 10, 1989. 10. FILL CIMM - uA PIAN P2MMM CPA 89-05 & ZONE CFMIGL 89- 05; CROW CEB3CK, INC.; IWO IS a. ORDINANCE NO. 89-17 AN ORDINANCE ADOPTING F 24DINGS AND CONCLUSIONS TO APPROVE TWO COMPREHENSIVE PLAN i9NENDME NTS AND ZONE C MANGE RF]QUESTS (Crow-Oregon, Inc.) AND AN ADUMM r To THE METZGER PROMRESSS Mg4MITY PLAN AND DECLARING AN RMr.MCY (CPA 89-05/ZC 89-05) . b. Motion by Councilor Eadon, seconded by Councilor Johnson, to adopt Ordinance No. 89-17. The motion was passed by a unanimous vote of Council present. I City Council Minutes - June 12, 1989 - Page 9 11. RIMT-OF-40Y USE TXC NSE AMORM WITH MV4MA CPDW CCFRYP Y - S.W. 93RD AVENUE AND Xu4,E[EAF (See Consent Agenda Item .7) a. Motion by Councilor Eadon, seconded by Councilor Kasten to approve the right-of-way license agreement with Trammel Crow Company- S.W. 93rd Avenue and Mapleleaf. The motion was approved by a unanimous vote of Council present. 12. PUBLIC EMRIING - PUBLIC RIQM!-OF-WY VACmw - Faff CN OF SW 66TH AVENUE Iff VESP PORQAM flEICGS S®IVISTON Proposed vacation of a portion of S.W. 66th Avenue within West Portland Heights, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by City Council on March 27, 1989, at the request of Jim and Cora Corliss. a. Public Hearing was continued from the May 8, 1989, City Council meeting. b. Cxmmunity Development Director reported that staff recommended Council not make any decisions now and continue the public hearing to November 13, 1989, allowing the applicant and Oregon Department of Transportation time to work through certain unresolved issues. C. Motion by Councilor Johnson, seconded by Councilor Eadon, to continue the public hearing to the November 13, 1989, City Council meeting. The motion was approved by a unanimous vote of Council present. 13. NON-AGENDA 13.1 Nomination of Steve Stolze, Mayor of Tualatin, to Serve on the Emergency Medical Services Policy Board a. RESOLUTION NO. 89-47 APPOINTMENT OF STEVE SIOLZE, MAYOR OF TMIATIN, TO SERVE ON THE WAS1MGTON COUNTY E 4E ENCY MEDICAL SERVICES POLICY BOARD AS A REPRESENTATIVE OF THE CITY OF TIGARD. b. Motion by Councilor Eadon, second by Councilor Kasten, to approve Resolution No. 89-47. The motion was approved by a unanimous vote of Council present. 13.2 Civic Center Parking Lot Landscape Project (See Consent Agenda Item .3b) a. Community Developanent Director sunrarized. He noted the lwxlscapi.ng at the Civic Centex has not been coupleted. Staff prepared a bid package based on a design which had been done City Council Minutes - June 12, 1989 - Page 10 by a landscape architect earlier in the spring. Only one bid was received in the amount of $26,379. Since the City's estimate was only $17,751, it was decided to reduce the scope of work, and go out for bids a second time. This time, the City received two bids: one from Drake's 7 Dee's for $24,975 and one from S and L landscaping for $17,890. cmmamity Development Director recommended that the City award the bid to the law bidder. (Council meeting recessed; local Contract Review Board convened at 9:25 p.m.) (Note Board member Schwartz was absent.) b. Motion by Board member Johnson, seconded by Board membex Kasten, to award the bid for Civic Center Parking Tat ' landscaping to S & L Landscaping in the amount of $17,890. i The motion was approved by a unanimous vote of Board members ` present. 14. EDOXMTZVL SES.SICK: The Tigard City Council went into Executive Session 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. 15. ADJOURNMENT: 10:10 p.m. Approved by the Tigard City Council on July 24, 1989. -U Deputy City Recorder ATTEST: cw/Com n612 City Council Minutes - June 12, 1989 - Page 11