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City Council Packet - 10/17/1988 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate STUDY AGENDA sign--up sheet(s). If no sheet is available, E- OCTOBER 17, 1988, 6:30 P.M. ask to be recognized by the Chair at the start H TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are E+ 13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters E-+ TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator. 6:30 1. STUDY SESSION MEETING: 1.1 Call To Order and Roll Call 1.2 Call To Staff and Council For Non—Agenda Items 6:35 2. JOINT WORKSHOP — Utility & Franchise Committee 7:30 3. DISCUSSION WITH WASHINGTON COUNTY COMMISSIONER ROY ROGERS 8:15 4. NON—AGENDA ITEMS: From Council and Staff 8:20 5. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 8:30 6. ADJOURNMENT cw/7114D y . COUNCIL AGENDA — OCTOBER 17, 1988 — PAGE 1 Revised 10/14/88 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an ,; REGULAR MEETING AGENDA agenda item needs to sign on the appropriate STUDY AGENDA sign—up sheet(s) . If no sheet is available, OCTOBER 17, 1988, 6:30 P.M. ask to be recognized by the Chair at tho start TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are r 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. 1. STUDY SESSION MEETING: 1.1 Call To Order and Roll Call 1.2 Call To Staff and Council For Non—Agenda Items 2. JOINT WORKSHOP — Utility & Franchise Committee 3. NON—AGENDA ITEMS: From Council and Staff 3.1 74th Avenue Development Policy Discussion 3.2 Heliport — Lincoln Tower Building 3.3 Noise Standards 3.4 Tigard Marketplace 4. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 5. ADJOURNMENT cw/7114D COUNCIL AGENDA — OCTOBER 17, 1988 — PAGE 1 i TIG A RD CITY C O U N C I L REGULAR MEETING MINUTES — OCTOBER 17, 1988 — 6:30 P.M. 1 . ROLL CALL: Present: Mayor Tom Brian (arrived 6:39 P.M. Councilors: Carolyn Eadon, Jerry Edwards, Valerie Johnson (arrived 7:40 p.m. ) and John Schwartz; City Staff: Pat Reilly, City Administrator; Wayne Lowry, Finance Director; Jill Monley, Community Services Director (Arrived 6:42 p.m. ); Ed Murphy, Community Development Director; Catherine Wheatley, Deputy City Recorder; and Randy Wooley, City Engineer'. 2. JOINT WORKSHOP — UTILITY & FRANCHISE COMMITTEE a. Utility & Franchise Members Present: Chair Gerry McReynolds, Rebeckah Barrett, Donald Jacobs, Daniel Walsh, and Eldon Wogen. Also present were ex officio members Mike Leichner & Larry Schmidt, and former Utility & Franchise Committee member Mike Misovetz. b. Solid Waste Rate Increase (Metro Pass Through) . Items of discussion included: o Haulers had been guaranteed (in their franchise agreements) an 8-12% profit range. o The City had no control over the rate increases set by the Metropolitan Service District (ME-FRO) . o City rates were set by a formula developed for the City of Tigard by the Utility & Franchise Commission and staff. This formula attempts to equate increases from METRO (which are based on weight) to individual users (i.e. , what to charge for a 32—gallon can) . Chair McReynolds noted Tigard's method of calculation was more sophisticated than some of the surrounding communities; increases from Tigard were lower than many of the other cities. (Community Services Director arrived: 6:42 p.m.) c. Tualatin River. Items of discussion included the following: o Chair McReynolds advised that solutions concerning Tualatin River water quality would not be available in the short term. o Storm drainage issues were under study by a Washington County Task Force. Chair McReynolds advised that treatment of storm drainage could be costly. o Chair McReynolds suggested one of the assignments for the Committee could be the review of Tigard`s current storm drainage system (i.e. , update inventory) . City Engineer advised there had been a delay in completing the Storm Drain Master Plan until it had been determined how to coordinate this assignment with land use planning. He noted that the possibility of two committees (i.e. , Planning Commission) working or, the storm drainage issue should be avoided. o CH2M Hill had completed a study of Tigard storm drainage facilities a few years ago. Policy issues concerning channelization and the fastest methods of getting water off property had been reviewed at that time. These issues should be revisited. Page 1 — COUNCIL MINUTES — OCTOBER 17, 1988 o Budget concerns were discussed. City Engineer reported immediate problems (i.e. , household flooding) had been addressed during the last two budget years. No dollars for capital projects had been provided. d. Franchise Renegotiations. Chair McReynolds updated Council on s franchise renegotiations. The City Attorney's office was now r taking the lead on this issue. Finance Director advised that Pacific Northwest Bell' s agreement should be available for Council review in late November with other utility agreements to be considered in the future. e. Mayor thanked Utility & Franchise Committee members for their work to date. r Council Meeting Recessed: 7:10 p.m. Council Meeting Reconvened: 7:15 p.m. r 3. NON AGENDA ITEMS i 3.1 — 74th Avenue Development Policy Discussion. a. TF►is item had been tabled from the October 10, 1988, Council meeting. City Engineer reviewed the packet material: 4 Following an appeal hearing on September 12, 1988, the Council directed staff- to prepare a policy statement regarding half"—street improvements on S.W. 74th Avenue. During testimony on the appeal, speakers pointed out that a development had occurred in 1984 and that the question of half—street requirements had been considered at that time. Staff- had reviewed the 1984 file along with material presented at the September appeal hearing. After discussion, City Engineer advised he would prepare a # resolution for Council consideration at their October 24, 1988 e council meeting outlining Council policy in accordance with his recommendations contained in his report. C 3.2 — Heliport — Lincoln Tower Building i a. Community Development Director summarized this item. He a reported that the Hearings Officer heard the Heliport Conditional Use Request for the Lincoln Tower Building on July 8, 1988. This would be the only rooftop heliport in Washington County. To reduce the impact to neighborhoods, the € Hearings Officer's findings rioted that helicopter flight patterns should be over the Washington Square Parking lot and E Highway 217. Also, the Hearings Officer stated that hours of operation be limited to 8 a.m. to 6 p.m. The Department of Environmental Quality (DEQ) rejected the application noting that the number of round trips must be reduced. The developer, Trammel Crow, advised they would voluntarily comply within the DEQ standards. Page 2 — COUNCIL MINUTES — OCTOBER 17, 1988 Discussion followed with Council noting their concern that the public perception had been that another hearing would be scheduled to review this conditional use further. (Note: A letter of concern was submitted to Council from CPO 4 and has been filed with the packet material. ) (Councilor Johnson arrived: 7:40 p.m. ) At discussion conclusion, Council consensus was to request the Hearings Officer reopen the hearing. The purpose for this hearing would be to formalize into the Conditional Use Permit the requirements set forth by DEQ concerning the maximum number of flights per month. Further, Council asked that the applicant be asked to voluntarily limit activity to five days per week (no activity on Saturdays/Sundays) . 3.3 — Noise Standards. a. Community Development Director advised he had polled other cities concerning their regulations with regard to noise standards. Generally, DEQ's noise level limits were also the limits set by these communities. He advised that Tigard's Code was less restrictive than the DEQ requirements. He reported on the City of Eugene's approach which divided noise standards into three categories. Discussion followed with regard to special problems created by contiguous commercial and residential areas; i .e. , should separate standards be developed? b. After discussion, Council consensus was to refer this issue to Planning Commission for review with regard to a possible amendment to the Development Code concerning noise levels for commercial property abutting residential. 3.4 — Update on Tigard Marketplace a. Community Development Director advised that the developer was still working on the parapet wall issue; i.e. , visual and noise buffer for neighborhood. He noted not all of the parking lot lights had been corrected, but were planned to be addressed soon. 3.5 — Transportation Safety Bond Measure a. City Administrator outlined several options available for dissemination of information concerning the Transportation Safety Bond Measure (for November 8th ballot). Council reviewed schematic drawings and text outlining staff's proposals for handouts and newspaper advertisements. After discussion, Council consensus was to purchase half—page ad—space in The Ore og nian, Tigard Times, Courier, and the River City Press. The information prepared would be placed in the last issue before the election in each of the newspapers. Council noted that the content of any advertisement and hand—out material would be subject to review and approval by the City Attorney. Page 3 — COUNCIL MINUTES — OCTOBER 17, 1988 3.6 - Home Occupation -• Parking of Log Truck a. Councilor Edwards asked for clarification concerning a recent Home Occupation permit wherein a log truck would be allowed. Community Development Director advised the permit provided that only one log truck would be permitted. The site is on acreage and the truck would not be parked on the street. 3.7 - City Administrator reviewed business items with Council, including a reminder to register for League of Oregon Cities as soon as possible. He also requested Council review the draft update letter to residents in the 135th LID. 4. ADJOURNMENT: 8:57 p.m. Approved by the Tigard City Council on November 21, 1988. Deputy Recorder - City df Tigard ATTEST- -Po {� Mayor - City of Tigard cw/7998D Page 4 - COUNCIL MINUTES - OCTOBER 17, 1988 • • • ►l1 9 ��a.c - �•�. • :.. -¢r+ d .,t+ ,'x{ �f<•� ,,, ,r�s4>.,d„4. ai{,4'�9�.,r}Y� s3- ;j `v` - - Am - r,� �sr � -..�*a Ll •`L n2��rZtX t� �t j � ^"fit s-f W -4-�-YF.M .�fi r�179,<•.Ke.P" ,Y �„err y�'�� .;P,..�i'a� "t 2� f s..r to�"rL+ �r� ���iC is yd7 M% s. ,• !i.'x.F G !�n��ra _ �btyj#{�SI�'?� +S '1'�fic` it r{rY f/Flrr6r rfr f S(r ria-~•,l�+t L+,�r'��'h 7 i�N ..c'4Y�� _ � E�itM�i�.r�� 11 1t wT_. +` � � L. >_ p .>• �f.>, rn.,�.-r t, .� � •• :• • _ I A • IRMO,P-2,4 WMAW"ll � - %�:-T *' '�L";'SM�+t}'das"a�w'�. ,,,y'� �-�bw�•h�l '�wa,. � ���t� T g fi7� 4ai 1.;a`7 ii 1tE C� ti Y rf..41i KxRdA -0.T . Nyrf-�'� L3hgM3" r 5`..c 8 Ir+� \- m S.atiYC y 4r,y a 34A.7- k� 1 j1'r1a-c'}tf �lta�E�`i >> 1 Y) �i 1 6t 'n Y '�1`� 1..1t Pi� 1'r'j l�v:•t: �rrq r }� 2 i \•-yi'1^-7�/� r.;.ya4. 11'� ��S r��� �°( f J �� i � -M:a s � q MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council Respond By FROM: Wayne Lowry, Staff Liaison to Utility and Franchise Committee A� For Your Information DATE: October 10, 1988 _Sign and Return _ 3 SUBJECT: Workshop of October 17, 1988 The Utility and Franchise Committee is scheduled to meet with the City Council in a Study Session Workshop on Monday, October 17, 1988 at 6:30 p.m. The following items may be discussed: o Garbage rates and dump fees o Tualatin River o Storm drainage o Franchise negotiation update cn/7467D CITY OF TIGARD, ..OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: GGtGber-1t-,_t'9_" DATE suBmirFED: October 3, 1988 ISSUE/AGENDA TITLE: Half—Street PREVIOUS ACTION: Policy on SW 74th Avenue PREPARED BY: Randall R. Wo DEPT HEAD OK CITY ADMIN 01<1 REQUESTED BY POLICY ISSUE Establishment of a half—street policy for development along SW 74th Avenue between Bonita Road and Durham Road. INFORMATION SUMMARY Following an appeal hearing on September 12, 1988, the Council directed staff to prepare a policy statement regarding half—street improvements on SW 74th Avenue. During testimony on the appeal, speakers pointed out that a development had occurred in 1984 and that the question of hall'--street requirements had been considered at that time. Staff has reviewed the 1984 file along with material presented at the September appeal hearing. A summary of this material and staff recommendation is contained in the attached report. ALTERNATIVES CONSIDERED As stated in the attached report. FISCAL IMPACT SUGGESTED ACTION That the Council, by motion, adopt the recommendation of the attached report. br/7287D A REPORT" ON HALE—STREET POLICIES ON S.W. 74TH AVENUE BETWEEN BONITA ROAD AND DURHAM ROAD The Question: On September 12, 1988, during a hearing on an appeal of a decision of the Hearings Officer, the Council heard considerable discussion of street improvements as conditions of development on S.W. 74th Avenue. Following the hearing, the Council directed that a clear policy be formulated to guide future decisions regarding street improvements as conditions of development on S.W. 74th Avenue between Bonita Road and Durham Road. Background: S.W, 74th Avenue runs along the west side of the Burlington Northern Railroad tracks between Bonita Road and Durham Road. The adjoining property is zoned for industrial use. Portions of the roadway have been paved .but much of its length still has only a gravel surface. In 1982 a local improvement district was formed to pave the roadway for a distance of approximately 1,500 feet south of Bonita Road. The LID provided only interim roadway improvements consisting of a 24—foot wide pavement. The pavement thickness was less than the thickness which was recommended by the consulting engineer for a roadway in an industrial area. There is some correspondence in the LID file indicating that property owners were to execute waivers of remonstrance against a future LI:D for the purpose of completing the roadway improvements. However, it appears that no such waivers were ever recorded. In 1983 the City adopted new code provisions relating to development, including TMC 18. 164.030, which requires half—street improvements and establishes standards for the street improvements. TMC 18.164.030 requires that half—street- improvements will be provided as conditions of development except where the City Engineer determines that the required street improvement would not be timely. The code section also establishes minimum pavement thicknesses. In 1984 the Puget Corporation requested approval to expand their existing industrial building on 74th Avenue at Bonita Road. As a condition of approval, the Planning Director required half—street improvements on 74th Avenue in accordance with TMC 18.164.G30. The requirement of half—street improvements was appealed by the applicant and the appeal was he,'--d by the Planning Commission and the City Council. By Resolution No. 84-74, the City Council upheld the Planning Director's requirement of half—street improvements on 74th Avenue. Pavement thickness requirements were not stated in the final order; however, it appears that staff required only local street standards for pavement thickness on the 1984 project. In 1988, the Puget Corporation again applied for an exansion of its facilities. The Hearings Officer approved the proposal with conditions. One of the conditions required half—street improvements abutting the project. The Hearings Officer required that the half—street improvements be constructed to the greater pavement thicknesses required for commercial streets in accordance with TMC 18. 164.030. The Hearings Officer further required that the existing pavement adjoining the project be over•layed to bring it to a structural pavement section equivalent to commercial street standards. The requirement of greater pavement thickness was appealed by Mr. Sohn Skourtes, a property al, the City Council upheldfo owner within the 1982 LID. After hearing the appe the requirement forhalf--streetimprovements but deleted the requirements for additional pavement thickness. The Council added a requirement- that the applicant sign a waiver of remonstrance, agreeing to par-ticipate in a futur-e improvement district to provide additional pavement thickness . The Council indicated in its decision that the conditions placed on the Puget Corporation development- were not intended to establish a precedent for other future developments along 74th Avenue. Options: A review of the record and a review of testimony in the 1988 appeal suggests three options which might- be considered as a policy for future conditions of development along 74th Avenue; 1. Require half.-street improvements and require that the improvements be built to full commercial street pavement standards in accordance with "TMC 18. 164.030(z); require that the existing pavement be reconstructed or, overlayed to bring it to a structural section equivalent to the commercial street standard. 2. Require half-street improvements be built to local street standards and require a waiver of remonstrance to a future LID to increase the pavement thickness at such time as the additional pavement thickness is needed due to increased truck traffic volumes. 3 . Require only interim standards similar to the 1982 L..ID with pavement section constructed to local street thickness standards . Discussion: Records of the 1982 LID are poor. Clearly extensive discussions occurred between property owners and the City regarding the interim street improvement standards used. Unfortunately, those discussions and any resulting understandings are not well documented. However, iL does appear that there was an expectation that property owners would provide additional street improvements at some future date after more development had occurred along 74th Avenue. Any agreements made in 1982 would appear to apply only to properties within the LID. In the 1984 Council decision, it is clear that the Council intended that the half-street requirements of TMC 18.164.030 be applied to new development along SW 74th Avenue. However, those requirements were interpreted to mean improvements to local street standards and did not require the additional pavement thickness customarily associated with streets in an industrial area. In 1984 no waiver of remonstrance was required for future pavement overlays. S.W. 74th Avenue serves an industrial area. When the area is fully developed, it is reasonable to expect a substantial volume of heavy trucks to be using this roadway. The commercial street standard in TMC 18.164.030 provides for an additional pavement thickness to be used in commercial and collector streets in order to accommodate truck loadings. However, currently the traffic volumes on 74th Avenue are quite low. Deferring the additional pavement thickness to a later date is not likely to cause any maintenance problems until the truck traffic volumes increase substantially along the street:. Although waivers of remonstrance have been used frequently by the City to allow improvements to be deferred, it has proved difficult to collect on the waivers. Ownerships change and new property owners are not always aware of the waiver requirements . To collect on waivers, the LID must usually be initiated by the City rather- than by property owners. Because the timing of- LID improvements is not tied to property development, the I...ID timing may not be compatible with the financial. planning of the property owners . Recommendation: Based on the above information arid discussion, it is recommended that future development- projects along SW 74th Avenue between Bonita Road and Durham Road be required to make street: improvements as conditions of development as follows: 3. . That properties outside the 1.982 LID (SW 74th Avenue Local Street Improvement District No. 27) be required to make "two—thirds street improvements" to commercial street standard per. -tMC 18.164.030(2) . "Two—thirds Street improvements" means half--street plus one travel lane, adequate to provide for two--way traffic. 2. For properties within the 1982 LID: t A. That half--street improvements be required to local street standards. B. That the property owner execute a waiver of the right to remonstrate against a formation of a future local improvement district formed for the purpose of increasing the street- pavement thickness to commercial street standards. C. That it be understood that: the future improvement district will be formed at such time as truck traffic volumes along SW 74th Avenue warrant the additional pavement thickness. 3 . That any development: likely to generate substantial volumes of heavy truck traffic may be required to construct additional interim street improvements adequate to accommodate the expected truck traffic. Submitted September 30, 1988 By: _ Randall R. Wooley, City Enginec., br/7287D