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City Council Packet - 03/24/1998TICARD CITY COUNCIL MEETING ARCH 240 1995 OREGON COUNCIL MEETING WILL NOT BE TELEVISE I:\adm\lolcc pkt3.doc 13125 SW Hall Blvd„ Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - MARCH 24, 1998 - PAGE 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING MARCH 24, 1998 - 6:30 PM 6:30 PM STUDY SESSION > 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, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:45 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Meeting Minutes: February 17 and 24., 1998 3.2 Authorize City Manager to Sign a Joint Declaration of Restrictive Covenant and Grant of Easement between the City of Tigard and Tigard Chamber of Commerce Consent Agenda - Items Removed for Sevarate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. COUNCIL AGENDA - MARCH 24, 1998 - PAGE 2 7:50 PM 4. PUBLIC HEARING (QUASI-JUDICIAL) - VACATION OF AN APPROXIMATELY 263 SQUARE FOOT PORTION OF A PUBLIC UTILITY EASEMENT WITHIN LOT 12 OF THE "72ND BUSINESS CENTER," PLAT BOOK 40, PAGE 2, CITY OF TIGARD, WASHINGTON, COUNTY, OREGON - (PETITIONER, MARTY DIRKS) a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal) e. Council Questions f. Close Public Hearing g. Staff Recommendation h. Council Consideration: Ordinance No. 98-(A 8:00 PM 5. CONSIDER EXEMPTION REQUEST FOR COMMUNITY PARTNERS FOR AFFORDABLE HOUSING PROJECT VILLA LA PAZ • Staff Report: Finance Director • Council Discussion • Council Consideration - Resolution No. 98--D-L 8:20 PM 6. REVIEW OF DESIGN COMPATIBILITY AND AESTHETICS • Staff Report: Community Development Director • Council Discussion • Council Consideration - Give Direction to Staff on How to Proceed in Addressing Building Design, Community Aesthetics and Compatibility 8:45 PM 7. UPDATE: PARK MASTER PLAN • Staff Report: Community Development Director • Council Discussion • Council Consideration - Direction to Staff on Procedure 9:00 PM 8. UPDATE: 121ST (MERESTONE) DAM AND POND • Staff Report: Community Development Director • Council Discussion • Council Consideration - Direction to Staff on Procedure COUNCIL AGENDA - MARCH 24, 1998 - PAGE 3 9:30 PM 9. NON-AGENDA ITEMS 9:40 PM 10. 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, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 10:00 PM 11. ADJOURNMENT i Aadm\cathy\cca\980324.doc COUNCIL AGENDA - MARCH 24, 1998 - PAGE 4 Agenda Item No.~® Meeting of qbo ltiV TIGARD CI'T'Y COUNCIL MEETING MINUTES - MARCH 24, 1998 • STUDY SESSION > Meeting was called to order at 6:41 p.m. by Council President Paul Bunt > Council Present: Mayor Jim Nicoli (7:10 p.m.), Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken Scheckla. > Staff Present: Asst. to the City Manager Liz Newrton; City Recorder Catherine Wheatley; Community Development Director Jim Hendryx; City Engineer Gus Duenas; Finance Director Wayne Lowry; Legal Counsel Tim Ramis; Police Chief Ron Goodpaster; Library Director Melinda Sisson; and Associate Planner Duane Roberts. Liz Newton, Asst to the City Manager, reported that Public Works has started installing private street signs. Councilor Hunt commented that the City has received many calls from people who did not know that they were on a private street. He asked that the private street signs be installed in new developments before the lots went up for sale. Ms. Newton mentioned that the Homebuilders Association of Portland has filed a suit at LUBA against the City of Wilsonville regarding the Wilsonville ordinance that put a moratorium on planning approvals for land development due to the lack of a water system. Ms. Newton announced that the Mayor's Annual Prayer Breakfast would be held at the Greenwood Inn in Beaverton on April 28. > Facilities Space Ms. Newton redistributed the cost estimates for Council review and questions. She mentioned updating the Council in Executive Session regarding the Schramm building. She explained that the cost estimates considered each facility as a stand alone project to convey what the project costs would be. She pointed out that they estimated using 70% of the existing library furniture in the new building. In response to Councilor Scheckla, she explained that the items which they could not use in the new building would either remain for use in the remodeled administrative offices (built in items) or go through the City surplus and donation procedures for use by others. Ms. Newton reviewed the redistribution of the departments within the current City Hall, once the library and police moved out. She mentioned that Public Works would be housed in the Water Building. Ms. Newton referenced her memo to City Manager Monahan regarding a telephone poll or focus group suggested by Mayor Nicoli to assess voter interest in approving a bond for city facilities. She reported that Tim Hibbitts of Davis & Hibbitts recommended a telephone survey of 300 registered voters lasting 10 minutes and covering 20-30 questions, including demographic information. She explained that the company charged by the length of the survey, not the length of a question. The cost estimate was $6500, less if the survey was under 10 minutes. CITY COUNCIL MEETING MINUTES - MARCH 24, 1998 - PAGE 1 Councilor Scheckla questioned spending $6500 to conduct a survey if they intended to go forward with the bond, regardless of the survey results. Councilor Moore commented that a survey would alert them to the community's concerns which the City could then address. Councilor Rohlf pointed out that a properly structured survey could tell them what dollar amount voters were willing to support. This information would give direction on what the scope of the project should be. Councilor Hunt said that he also was not enthused about a survey. Councilor Scheckla commented that if people thought that the City had sufficient money to spend $6500 on a survey, then they might think that the City should have enough to do the other projects also. Councilor Moore commented that he thought that the public was already maxed out on what they were willing to pay. He expressed concern that if the public accepted 50 cents per $1000 for the next 20 years, they might not be willing to pass additional bond measures for needed road improvements. He spoke to the survey determining whether or not the people were willing to accept a 50 cents per $1000 bond measure for a new civic center and a 25 cents per $1000 bond measure for road improvements. He said that the public response on this issue would influence his decision on how large a bond he was willing to support. Councilor Rohlf said that while he was not necessarily for the survey, he thought that they should discuss it when the Mayor was present, as it was his idea. > Executive Session The Tigard City Council went into Executive Session at 6:56 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Executive Session adjourned at p.m. 1. BUSINESS MEETING • Call to Order - City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:35 p.m. Council Communications/Liaison Reports: None Call to Council and Staff for Non-Agenda Items Space needs was mentioned as a non-agenda item. 2. VISITOR'S AGENDA 3. CONSENT AGENDA Motion by Councilor Scheckla, seconded by Councilor Hunt to approve the Consent Agenda. Motion was approved by unanimous voice vote of the Council present (Mayor Nicoli, Councilors Hunt, Moore, Rohlf, and Scheckla voting "yes.") CITY COUNCIL MEETING MINUTES - MARCH 24, 1998 - PAGE 2 3.1 Approve Council Minutes: February 17 and 24, 1998 3.2 Authorize City Manager to Sign a Joint Declaration of Restriction Covenant and Grant of Easement between the City of Tigard and Tigard Chamber of Commerce > The Council considered Agenda Item 9, Non-Agenda Items, at this time. 4. PUBLIC HEARING (QUASI-JUDICIAL): VACATION OF AN APPROXIMATELY 263 SQUARE FOOT PORTION OF A PUBLIC UTILITY EASEMENT WITHIN LOT 12 OF THE "72ND BUSINESS CENTER," PLAT BOOK 40, PAGE 2, CITY OF TIGARD, WASHINGTON COUNTY, OREGON - (PETITIONER, MARTY DIRKS) a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges: None c. Staff Report: Community Development Department Jim Hendryx, Community Development Director, reviewed the background of this request by Marty Dirks for a vacation of 263 square feet of a public utility easement in Lot 12 of the 72"d Business Center. He explained that the roof overhangs encroached on the easement in an area of 5 feet by 53 feet, using slides to illustrate the situation. He said that the affected agencies supported the request. d. Public Testimony Michael Capnick, 1800 SW First Avenue, #110, Portland, representing Marty Dirks, explained that Mr. Dirks wanted to sell the property but the buyer discovered the encroachment during that process. He stated that Mr. Dirks wanted to clear the title before selling the property. He asked for approval of the vacation. e. Council Questions: None f. Mayor Nicoli closed the public hearing g. Staff Recommendation Mr. Hendryx recommended approval of the vacation request. h. Council Consideration: Ordinance No. 98-08 Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Ordinance No. 98-08. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 98-08, AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 253 SQUARE FEET OF A PUBLIC UTILITY EASEMENT WITHIN LOT 12 OF 72ND BUSINESS CENTER. Motion passed by unanimous roll call vote of the Council present (Mayor Nicoli, Councilors Hunt, Moore, Rohlf, and Scheckla voting "yes.") CITY COUNCIL MEETING MINUTES - MARCH 24, 1998 - PAGE 3 5. CONSIDER EXEMPTION REQUEST FOR COMMUNITY PARTNERS FOR AFFORDABLE HOUSING PORJECT VILLA LA PAZ s Staff Report Wayne Lowry, Finance Director, explained that this resolution was Community Partners for Affordable Housing's application for the second year of the property tax exemption granted by the Council in 1996. He noted that this met the Council goal to provide more affordable, low income housing in Tigard. • Council Consideration: Resolution No. 98-21 Motion by Councilor Scheckla, seconded by Councilor Hunt, to adopt Resolution No. 98- 21. The City Recorder read the number and title of the resolution. RESOLUTION NO. 98-21, A RESOLUTION GRANTING AN EXEMPTION FROM PROPERTY TAXES FOR NON-PROFIT LOW INCOME HOUSING PROJECT VILLA LA PAZ UNDER TMC 3.50. Councilor Hunt commended Sheila Brown and Community Partners for the great job they were doing at Villa La Paz. Councilor Rohlf concurred. In response to a question from Councilor Scheckla regarding units leased, Sheila Greenlaw-Fink explained that only one unit at the complex was not spoken for, a handicapped accessible unit which they wanted to lease to someone with accessibility complications. She expressed their appreciate for the Council, the City, and the School District's help in making the Villa La Paz project doable. She concurred with Councilor Scheckla that the calls to the police department have diminished considerably. Motion was approved by unanimous voice vote of the Council present (Mayor Nicoli, Councilors Hunt, Moore, Rohlf, and Scheckla voting "yes.") 6. REVIEW OF DESIGN COMPATIBILITY AND AESTHETICS • Staff Report Mr. Hendryx presented the staff report using a Powerpoint slide presentation to illustrate the different issues and aesthetics in the community. He explained that he wanted to verify that Council had the same understanding of the design, compatibility, and aesthetic issues as staff did, and that they approved of the staff direction in addressing these issues and identifying alternatives. Mr. Hendryx discussed what issues the City currently regulated. He mentioned the adoption of the Triangle design standards and the establishment of a Design Evaluation Team. He said that while they have always regulated building setbacks, they have not previously regulated building placement and materials. He noted the increased landscaping requirements also. CITY COUNCIL MEETING MINUTES - MARCH 24, 1998 - PAGE 4 Mr. Hendryx mentioned the items regulated throughout the rest of the City currently: land use, landscaping, screening and buffering, parking and signage, screening of mechanical equipment and service areas, tree mitigation, noise emission vibrations, odor, glare, heat, setbacks, building separation, heights, and street trees. Mr. Hendryx identified general issues that had potential development issues with the standards in terms of their application in the field. He displayed a series of slides illustrating buildings and configurations currently existing in the City that met, did not meet, or exceeded the current standards. He first discussed the issue of commercial development next to residential development. He noted questions of adequate screening in particular. Mr. Hendryx then discussed multi family residential development next to single family residential development. He continued the slide presentation showing currently existing development to illustrate the questions generated by the potential conflicts between different types of development, noting screening and compatibility questions in particular. Mr. Hendryx continued his review of development standards and questions regarding design, compatibility, and aesthetics in the community looking now at commercial development. He mentioned the issue of metal buildings and how they would appear in 10 years. He pointed out that PacTrust development as an atypical development that far exceeded the City's standards for landscaping and provided a unique environment. Mr. Hendryx then looked at industrial development and its issues, noting the same issues that were found with the other types of development: buffering and screening, landscaping and materials, parking and building setbacks, building materials, and compatibility. Mr. Hendryx reviewed the options. These included adopting the Tigard Triangle design standards uniformly throughout the city in all zones, implementing a development review process to approve projects from the design, aesthetics, and compatibility viewpoint, increase the City's current landscaping standards, or give the Planning Commission more authority to review projects for design issues. Mr. Hendryx recommended that the Council limit its review to commercial, industrial and multi-family development and not get into residential areas. In addition, Council should direct staff to gather information evaluating the City's current design-related standards, to investigate how other jurisdictions dealt with these issues, and to determine costs for a design program. He said that he would return in May with the next series of issues for Council's consideration. • Council Discussion Councilor Rohlf questioned not including residential areas in the Council review of design, aesthetic, and compatibility issues. He pointed out that concern in the community regarding infill development and the changes occurring in established neighborhoods from a few houses on large lots to many houses on small lots. He spoke to researching the impacts of infill on the quality of life and allowing those neighborhoods to have a voice in addressing their concerns. He pointed out that infill development directly impacted schools, roads, and neighborhood quality of life. CITY COUNCIL MEETING MINUTES - MARCH 24, 1998 - PAGE 5 Mr. Hendryx commented that the issue of compatibility was difficult to address for single family development. He said that he suspected that few jurisdictions regulated single family development next to single family development while standards regulating an intense use next to a less intense use were typical of city standards. He said it was important to understand what the specific concerns were with infill development. Councilor Rohlf concurred that the biggest areas to review were commercial zones and intensive versus less intensive uses side by side. He reiterated the importance of considering community livability and aesthetics with regards to infill development. Councilor Scheckla asked if the City regulated the parking of motor homes, etc., in yards. Mr. Hendryx said that each jurisdiction dealt with that issue separately but it could be included as an issue for Council consideration. Staff reviewed the current city regulations on parking large recreational equipment - vehicles had to be parked behind the front of the house (that could mean in a sideyard). Mr. Hendryx asked for Council direction on how to proceed. He said that he could look at infill issues as part of this project or as a separate issue. Councilor Moore said that he was curious as to how other jurisdictions dealt with infill. Councilor Scheckla asked if Tigard had had a Development Review Board at one time. Ms. Newton said yes, Tigard did have a Development Review Board when she started with the City in 1980. She stated that she understood that it was disbanded in 1981 because the Board got too involved in the details of applying the standards. When the City rewrote the Development Code to improve the standards regulating development, it was decided that they did not need a Development Review Board. Mayor Nicoli stated that he was generally opposed to the direction presented by staff tonight. He said that development review in most cities in which he has worked ended up a disaster. He commented that he did not see support in the business community for this direction nor did he see a significant enough problem to require government intervention. He argued that in trying to set an architectural standard they would stagnate construction and redevelopment. He reiterated that he did not think that the business community would support this kind of ordinance. Mayor Nicoli said that he thought the Triangle standards-have caused more problems then they solved. He said that one situation - the big box retail - triggered the whole issue but he held that the majority of the buildings in the Triangle were at the other end of the spectrum. He disagreed with extending the Triangle standards unilaterally to the rest of the city, contending that it would only create more problems. He spoke to resolving the problems in the Triangle and working the system out there before going any further. He said that he has received nothing but complaints from people with problems with the standards. Mayor Nicoli mentioned another situation that triggered the issue of design standards - a developer who went out of his way to upset his neighbors and cut down trees. He said that issues were did the City want to buy the property to preserve trees, and was there anything else that the City could do to minimize the impact. He asked what they could do in those situations to deal with them in a more aggressive, positive way. CITY COUNCIL MEETING MINUTES - MARCH 24, 1998 - PAGE 6 Councilor Rohlf said that he did not agree with taking one set of standards and applying them unilaterally throughout the town because no two sections of towns were identical. He spoke to d(:ng coordinated plan development for the Washington Square area (which was similar to the Triangle) to find a plan with long term viability. He said that the Downtown was not similar to the Triangle in any way. He concurred with working things out in the Triangle for a couple of years before spreading the design standards to another appropriate place. Mayor Nicoli cited the redevelopment of the Lloyd Center area in Portland as an example of something that would work in the Washington Square area. He said that he could support design standards specific to the Washington Square area. Councilor Hunt pointed out that the discussion involved different "geographically zoned" areas, each with its own standards, such as the Triangle, the Downtown, Washington Square. Councilor Moore spoke to investigating how other jurisdictions handled these situations, as Tigard's situation was not unique. He said that he did not support a Development Review Board at all. Mayor Nicoli concurred with getting more information, and with applying standards within specific zones but not city wide. Mr. Hendryx concurred with staff researching how other jurisdictions handled development issues like infill or single family next to single family. He said that the City could come up with a variety of different approaches on design standards for different areas of the city. Councilor Rohlf asked if this issue was worth the amount of staff time it would take to do the research. Mr. Hendryx pointed out that the issue of the appearance of the Downtown was a Visioning goal, so whatever staff did should be applicable to meeting that goal. Councilor Rohlf said that the impacts of growth on the older neighborhoods was also a concern raised during the Visioning process. Ms. Newton pointed out that southwest Portland and Lake Oswego both dealt with infill development. She said that design standards in Lake Oswego were not the same for all areas, citing the specific standards for the Kruse Way corridor as an example. She commented that looking at how those jurisdictions regulated their development might give the Council some ideas on what would work in Tigard. Mayor Nicoli suggested directing staff to research how surrounding cities in the Metro area handled development issues. Councilor Moore concurred with the concert of design standards unique to given areas. Mr. Hendryx mentioned that the overall design issues for Washington Square would be addressed during the planning process for the Regional Town Center. b. Council Consideration: The Council agreed by consensc; to direct staff to conduct the research and return with a report on May 19. > The Council considered Agenda Item 8 at this time. CITY COUNCIL MEETING MINUTES - MARCH 24, 1998 - PAGE 7 7. UPDATE: PARK MASTER PLAN • Staff Report Duane Roberts, Associate Planner, reported that the consultants have been focusing on information gathering and needs assessment over the past four months. He reviewed their methods of interviewing community leaders, circulating a random questionnaire, holding small group meetings and a Planning Commission workshop, and talking with school kids. He mentioned the site plan in process for Woodard Park and the public input opportunities. He noted the consultants' emphasis on parks maintenance. He commented that staff was often frustrated because they could not maintain the parks at the standards they were used to maintaining them because of the increase in parks acreage. Mr. Roberts reviewed the remainder of the master planning process. Once the consultants made their findings based on the information they gathered, they would review the results with the Task Force and the Planning Commission. He mentioned that having resource people from Parks Maintenance and Police at the workshop proved useful in answering people's maintenance and security questions. Councilor Moore asked when Council would get the final report. Mr. Roberts said in October or November of this year. Councilor Hunt asked what Mr. Wegner's projected increased personnel needs were, noting the addition of a lot of parks acreage. Ms. Newton said that she thought Mr. Wegner has asked for one r erson for next year but she would verify what his request was. Councilor Scheckla asked that Mr. Roberts add Martha Bishop to his list of people to interview. 8. UPDATE: 121sT (MERESTONE) DAM AND POND e Staff Report Gus Duenas, City Engineer, introduced consultants Jerry Miner from KCM and Mike Fahar, landscape architect from Greenworks, and Task Force members Ed Gallaher, Doug Ravatt, Sue Beilke, and Ron Wridge. Mr. Duenas reviewed the history of the 12151 dam and pond from the 1993 notice from the District Water Master to either get the permits for the beaver dam on Summer Creek or remove it, to the 1994 decision to replace the dam and pond the water. He used a series of slide photos to illustrate the current state of the dam and creek. He explained that the City did get the appropriate permits by 1996, and at that time, the state and federal agencies both supported the dam. He noted the Council authorization to proceed in September 1997, the selection of the consultants, and the appointment of the neighborhood Task Force. He mentioned the importance of obtaining citizen input on this project, and of developing appropriate dam and pond designs. Mr. Duenas explained that there has been a shift in opinion at the state and federal level regarding stream corridors and dams. The regulatory climate was much stricter now because of concerns with heating of the water and fish passage. He said that now the options favored by the agencies were to open the dam to allow full flow and fish passage with confinement of the CITY COUNCIL MEETING MINUTES - MARCH 24, 1998 - PAGE 8 water to the creek during periods of low flow, and creation of an off-line pond (or series of small oxbow ponds) for higher flows. Mr. Duenas said that the neighbors had really pushed for a dam with an instream pond because of concerns that an off-line pond would dry up into smelly mudflats during the summer and would serve as a breeding ground for mosquitoes. He reported that those issues could be addressed through the planting of aquatic plants that followed the water line. Mike Fahar, Greenworks, concurred with Mr. Duenas that the regulatory framework was shifting, and that instream ponds were looked upon with disfavor. He used a series of slide photos to illustrate off-line ponds, either as a single pond or a series of small ponds structured to hold the water during high flows but which did not get water during low flows in the stream channel. He showed examples of projects his company has done in the Metro area to illustrate the aesthetics of an off-line pond during all seasons, similar to what they would construct for the Summerlake dam. He pointed out that during the initial construction, the project was not aesthetically pleasing but after three years the off-line pond provided excellent wildlife habitat with its variety of vegetation. Mr. Fahar mentioned the use of cat tails, bulrushes, and sedges to follow the water line as the ponds dried up in the summer to provide a vegetative cover on the mudflats. He explained that grade control was critical: they had to use a flat grade for an effective off-line pond/wetland. However they planted the high banks with appropriate trees to provide a canopy cover. He noted a problem with off-line ponds in designing the ponds deep enough to keep them from completely filling in with vegetation. Mr. Duenas reviewed the funding options available. He stated that an instream pond would not qualify for anything other than city general funds. However an off-line pond or oxbow ponds could be funded through surface water management SDCs ($370,000 available), the Tualatin River Endowment Fund or the Governor's Watershed Project. He noted that the City could present the original dam design with an instream pond and take its chances on getting it approved (despite verbal indications from state and federal agencies that they would not approve such an application) or the City could abandon the project and remove the dam or the City could revise the plan to address the state and federal agency concerns. Mr. Duenas recommended revising the plan to confine the stream to the creekbed in periods of low flow, to build a dam that could be opened during low flow periods, and to create an off-line pond (or series of ponds) for periods of high flow. He said that the consultant would continue to work with the neighborhood , City staff, and the appropriate agencies to produce a design that would be approved by the agencies concerned. • Council Discussion Mayor Nicoli asked what the cost was to develop an off-line pond. Mr. Fahar said that he had not been asked to prepare an estimate for tonight but an off-line system was more expensive than the original design because of the extensive excavation work. Mayor Nicoli pointed out that the City already had a lot of money invested in Summerlake Park (which has had ongoing problems), and they were looking at spending up to $200,000 to save the lake in order to save the park. He said that he thought that most of the money for this project would not come from general fund but from park dedicated dollars or other sources. CITY COUNCIL MEETING MINUTES - MARCH 24, 1998 - PAGE 9 Councilor Hunt noted the similarity between the off-line pond and the water quality containment ponds. He said that the water quality ponds were an eyesore that citizens complained about all the time. He asked if water could be pumped into the off-line pond to keep it wet year round so that it did not become a mudhole. He noted the concern with mosquitoes in that event. He cited the PacTrust ponds that recirculated water. He asked if such a plan was too expensive. Mr. Fahar concurred that the water quality ponds were eyesores but said that resulted from the design, as there were no strict requirements on what those should look like. He said that with the off-line ponds they were trying to recreate the plant communities that existed before the beaver dam and development. He pointed out that the PacTrust ponds were for aesthetics, not water quality. Mr. Fahar said that pumping water from the stream into the ponds would be difficult because of permit requirements and water rights issues. He said that with creative design, an off-line pond could have water in it year round. He explained that for six months of the year, it would look like a series of lakes, and for the other six months it would look like cat tail marshes with a stream running through it. He said that bringing in additional water was expensive. The most economical approach was to design the ponds to keep water in them as long as possible. Mr. Roberts pointed out that Mr. Fahar was talking in conceptual terms only, as they have not yet met with the neighborhood to incorporate their ideas and opinions. Councilor Rohlf asked why they have not received a written statement from the federal and state agencies regarding their opposition to the original concept. Tim Ramis, City Attorney, explained that federal and state agencies responded in writing only to a real application. They answered hypothetical questions verbally. • Task Force Testimony Ed Gallaher, 12140 SW Merestone, concurred with the staff report that the federal and state agencies were no longer amenable to an instream pond, citing his conversation with the Corps of Engineers following the neighborhood meeting last month. He agreed that the agencies responded in writing only to actual applications. He said that he has talked with the neighbors on his side of the pond explaining that the dam with an instream pond would not be approved by federal or state agencies, and as a result they supported either a single off-line pond or a series of ponds. He commented that this could be a nice showcase project for the City, and urged that it proceed, noting that it has been in process five years already. Ron Wridge said that he lived on the upper end of the lake, and has also served as the contact person between his neighborhood and the City in keeping the neighbors informed of the latest developments with the dam. He said that he has been doing a selling job on the off-line pond based on the information he was given. The main concern now was the maintenance of an open body of water for at least part of the year, as the lake was a major reason why people moved to this area. CITY COUNCIL MEETING MINUTES - MARCH 24, 1998 - PAGE 10 Mr. Wridge asked that the Council keep the neighbors involved in the process. He said that for the most part, the neighbors understood that they had to adapt to the new requirements. He asked that the project be completed this year, citing the smelly mud flats that the pond would become in the summer, and the mosquito problem it would bring. Sue Beilke said that she was a wildlife biologist who worked with wetlands on Sauvie Island. She said that she was happy with the design proposed by the consultant, mentioning that she had been concerned about the instream pond originally proposed. She agreed that this would be an attempt to recreate the original vegetation and free flowing stream. She said that diverse vegetation attracted diverse wildlife and provided excellent habitat for salamanders, frogs, and birds. She spoke to allowing the ponds to dry up in the summer with the vegetation as recommended by the consultants. She explained that ponds that did not dry up in the summer were perfect habitat for bullfrogs (a non-native species) who would eat up the native species, and disrupt the food chain for the birds. Doug Ravatt, Friends of Summer Creek founder, said that originally he had had visions of restoring the creek to a water quality level that brought back the trout and steelhead that swam the creek 30 years ago. He mentioned that steelhead would be placed on the endangered species list soon. He pointed out that Summer Creek was part of the Willamette River watershed which was in water quality trouble as an urban river in densely populated area. He said that he supported the off-line concept as a step in the right direction, although not a solution for the entire stream. He expressed concern that the stream be shaded sufficiently to keep the water temperature down. He supported designing wetlands in the diversity described by Ms. Beilke. • Council Consideration Councilor Moore supported the staff recommendation. Mayor Nicoli asked if they would have to pay the consultant more to go down a different road. Staff indicated that some additional funding might be needed for consultant fees. Mr. Roberts mentioned mitigation for other projects as a potential funding source, citing the Gramor development in Beaverton which would prefer to mitigate for that project on the Tigard side of the road. Mr. Fahar said that they have not yet discussed with staff the ramifications of the new direction or their fee. He mentioned that they had set up a streamlined process to meet the City's limited budget. Councilor Rohlf asked if they could get the project constructed this summer. Mr. Fahar said that if they started the process immediately, they could do construction in August/September. Mr. Roberts commented that if they submitted a clean project to the Corps, with letters of endorsement from appropriate groups, their application should move quickly through the approval process. The Council agreed that staff should bring back their revised report on April 14. > The Council considered Agenda Item 7 at this time. CITY COUNCIL MEETING MINUTES - MARCH 24, 1998 - PAGE 11 9. NON AGENDA ITEMS > Community survey Ms. Newton presented the staff report in response to the Council request for research on the feasibility of a community survey regarding new library and other facilities. She said that Mr. Hibbitts of Davis & Hibbitts recommended a 10 minute survey with 20-30 questions and a sample size of 300 registered voters at an estimated cost of $6500. She noted that costs were allocated based on the time it took to conduct the survey, and could be reduced for a shorter survey. Ms. Newton reported that two focus groups of eight to 12 people each would cost between $9000 to $10,000. Those costs could be reduced if the City took some of the responsibility for the logistics. She emphasized that Mr. Hibbitts recommended a telephone pool as a better way to gather the information they wanted. Councilor Hunt suggested informing citizens that this wa s a city sponsored poll in order to get a more receptive response, citing the annoyance felt by many regarding phone polls by marketing companies. Ms. Newton said that she had not heard that as a concern for the Visioning community survey. Councilor Rohlf asked how much it cost for a bond levy. Catherine Wheatley, City Recorder, explained that a general election was free to the City but there were the costs of staff preparation and legal counsel. Ms. Newton pointed out that a non-general election did have election costs to a jurisdiction. Ms. Wheatley said that non-general election costs could run $4000 to $5000, depending on how many other jurisdictions were on the ballot. Councilor Rohlf commented that it might be better to trade the costs of getting a bond levy right the first time against the cost of the survey to find out what the public was willing to support. Mayor Nicoli spoke to cutting the risk of a bond measure failure as much as possible. He commented that of all the city facilities, he saw the library as in the worst shape. If a survey indicated that the public would not support $17 million to do all the facilities, then he would support cutting the November bond measure back to the library only. If there was a 50150 chance of it passing, then he was willing to take the risk. Councilor Rohlf suggested structuring the poll to identify what target level would be tolerated. Councilor Hunt spoke to informing the survey respondents that the new levy would not be assessed until after the current levy was retired, and therefore their taxes would not increase. Ms. Newton said that as long as the context given for the question was not too lengthy, it could be done. Mayor Nicoli asked that the pollsters talk to the Council before doing the survey. Councilor Scheckla asked if Washington County or the School District were going out for levies in November also. Councilor Moore noted the Metro convention center bond mentioned at the cities/county meeting last week. Mr. Hendryx mentioned a County measure for the Sheriff's department, in addition to a Fire District bond measure. He said that there was discussion on the north-south light rail also. CITY COUNCIL MEETING MINUTES - MARCH 24, 1998 - PAGE 12 Councilor Moore commented that Councilor Scheckla raised a valid concern. He mentioned that the thought that people were turned off by a ballot with two or three different measures asking for money crossed his mind during the discussion on bond measures at the meeting last week. Mayor Nicoli commented that the region voted to approve funds to match the federal dollars for the north-south light rail but now that there were problems in selling the project, the question was what did the region want to do with that money (which has not been collected). Metro needed to resolve this issue. Councilor Moore said that while he supported the facilities expansion, he was concerned that tying up the City debt at 50 cents per $1000 for 20 years would put any other bond measures on the back burner for 20 years, including road improvement bonds. He said that he would like the survey to determine whether or not people would support road bond measures in addition to the facilities bond. The Council discussed when the pollsters should address the Council. They agreed to schedule their report for April 7, before the 7:00 p.m. meeting with the Planning Commission, and invite the Planning Commission to hear the report. Councilor Moore asked if this would be a general overview or in-depth discussion. Mr. Hendryx explained that the intent was to give the consultants a forum to present an overview and to get Council's input. While the public could be in the audience, this was not intended as a public hearing but as an opportunity for the Council and the Commission to become comfortable with the survey. > The Council reviewed the public relation photos taken during a study session, and made their selections. 10. EXECUTIVE SESSION 11. ADJOURNMENT: 10:00 p.m. Catherine Wheatley, City Recorder i\adm\cathy\ccm\980324.doc CITY COUNCIL MEETING MINUTES - MARCH 24, 1998 - PAGE 13 Date: 41 / 141"1 iS COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON. OREGON 97075 Legal Notice Advertising •City of Tigard ' ❑ Tearsheet Notice 13125 SW Hall Blvd. • Tigard , Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit sAccounts Payable Legal Notice TT 9 0 6 6 AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I, Kathy Snyder being first duly sworn, depose and say, that 1 am the Advertising Director, or his principal clerk, of theTIgard-Tualatin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the afoZesaid county 4nd state; that the City Council Review Board a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: March 19,1998 Subscribed and sworn before ets19t h day of Mar c-h ,19 9 8 OFFICIAL SEAL ary Public for Oregon ROBIN A. SUROM NOTARY PUBLIC-OREGON My Commission Expires: COMMISSION NO. 062071 MY AFFIDAVIT COMMISSION EXPIRES MAY 16, 2001 The following meeting highlights are published for your information. Full agendas may be obtained from the City Recorder, 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, or by calling 639-4171. TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING March 24, 1998 - 6:30 P.M. TIGARD CITY HALL - TOWN HALL 13125 SW HALL BOULEVARD, TIGARD, OREGON • Public Hearing: Annexation: 72nd Business Center Public Utility Easement Vacation • Park Master Plan Update • Consider Exemption Request by Community Partners for Affordable Housing • Review Staff Report on Building Design and Community Aesthetics • Review Status of the Merestone Dam • Executive Session TT'9066 - Publish March 19, 1998. COMMUNITY NEWSPAPERS, INC. Legal PHONE (503) 684-0360 Notice TT 9 0 5 0 P.O. BOX 370 BEAVERTON, OREGON 97075 Legal Notice Advertising QCity of Tigard o ❑ Tearsheet Notice 13125 SW Hall Blvd. •Tigard,Oregon 97223 ° ❑ Duplicate Affidavit *Accounts Payable ° AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. 1, Katby Snyder being first duly sworn, depose and say, that I am the Advertising Director, or his principal clerk, of theT~gard-Tualatin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for TWO successive and consecutive in the following issues: March 5,12,1998 Subscribed and sworn before me this, 2th day of arch , 19 9 8 OFFICIAL SEAL 466 t ROBIN A. BURGESS N ry Public for Oregon NOTARY PUBLIC-OREGON COMMISSION N0. 062071 My Commission Expires: My COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT _ 072ND AVENUE 18USINESS CENTER PUBLIC UTILITY _ EASEM~ VACATION< The Tigard City Council will hold a public hearing on Tuesday, March 24,1998, at 7:30 P.M., at the Tigard City Hall, Town Hall Room, 13125 S.W. Hall Boulevard, Tigard, Oregon, to consider the vacation of an ap- proximately 263 square foot portion of a public utility casement within lot 12 of the "72nd Business center." The utility easement was originally dedicated with the platting of the "72nd Business Center" in 1977. A' building was constructed on the lot in 1980. The footing of the building encroaches slightly more than two (2) feet into the easement with the eave overhanging approximately four (4) feet into the easement. It does not ap- pear that utilities have been constructed within the area of the building. The petitioner is requesting that the City of Tigard vacate a five (5)-foot by approximately 53-foot portion of the easement which the building and overhang affects. The C-P (Professional Commercial) zone does not re- quire a rear yard setback. The request was initiated by the City Council on February 10, 1998. Any interested person may appear and be heard, for or against the proposed vacation of said public easement vacation. Any written objections or remonstrances shall be filed with the City Recorder by March 24,1998 at 7:30 p.m. JFi..J E1_ L T79050 - Publish March 5 and 12, 1998. CTTX OF TIGARD, OREGON AFFlmAVIT OF POS`T'ING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, begin first duly sworn, on oath, depose and y: That I posted ' the foll~o9wing public and conspicuous places, a copy of Ordinance Number (s) n% p which were adopted at the Council Meeting dated 3 copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the _ day of rw\ V a kJ, , 19 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon Subscribed and sworn to before me this y~ day of ► Z~~-~ w 19O. OFFICIAL SEAL l Wv lei! C MARTIN Not Public for NOTARY RY PUBLIC-OREGON m'Y Oregon COMMISSION NO 055532 II '77 MY COMMISSION EXPIRES JULY 07, 2000 My Commission Expires' h\adm\jo\affpost.doc CITY OF TIGARD, OREGON ORDINANCE NO. 98- D`b AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 263 SQUARE FEET OF A PUBLIC UTILITY EASEMENT WITHIN LOT 12 OF "72ND BUSINESS CENTER". o WHEREAS, the Tigard City Council initiated this vacation (Resolution No. 98-06) request pursuant to Section 15.08.040 of the Tigard Municipal Code at a public hearing held on February 10, 1998; and WHEREAS, in 1979, a building permit was issued for the construction of the building; and WHEREAS, in 1978, a Site Development Review (SDR 33-78) approval was granted to allow the construction of the building; and WHEREAS, in 1977, a Subdivision (S 9-77) approval was granted to allow the recordation of the "72nd Business Center" subdivision plat; and WHEREAS, a utility easement had been granted with the platting of "72nd Business Center" in 1977; and WHEREAS, a Zone Change (ZC 5-76) was granted for a general plan and program of a commercial - office park planned development; and WHEREAS, the zone change had a condition that stated the setback from SW 72nd Avenue be 40 feet with a 10 foot intrusion allowable for no more than 1/3 of the lot width, if no other feasible option is available; and WHEREAS, the 1976 zone change amended a 1974 zone change; and WHEREAS, in 1974, a Zone Change (ZC 2-74) approval was granted to change an R-7 Residential zone to an M-4 Industrial Park zone; and WHEREAS, when the building was constructed the footing of the building encroached slightly more than two (2) feet into the utility easement; and WHEREAS, the cave of the building overhangs approximately four (4) feet into the utility easement; and WHEREAS, the peti :ioner is requesting that the City of Tigard vacate an approximately five (5)-foot by approximately 53-foot portion of the easement which the building and overhang affects; and WHEREAS, the vacation was initiated by the City Council and approval has been recommended by the Community Development Department; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have had the opportunity to review the vacation proposal and have no objections; and ORDINANCE NO. 98- D is\curp1n\will\vacfirl2.ord Page # of # Will D. 9-Mar-98 4:17 PM WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as required by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on March 24, 1998, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided be ORS 271.120 and TMC Section 15.08.130. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation an approximately 263 square foot portion of a public utility easement within lot 12 of the "72nd Business Center", as more particularly described in Exhibit "B". SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By _l,(Yl Cif ~rY~t]uS vote of all Council members present after being read by number and title only, this day of jJM(.k-,1 . Cam, --,1998. Ca erine Wheatley, City Recorder APPROVED: By Tigard City Council this day of Ct✓~ 1998. Mayor Approved as to form: i City Attorney 3/a Date ORDINANCE NO.98- iAcurpln\will\vacfirl2.ord Page # of # Will D. 9-Mar-98 4:17 PM EXHIBIT A EXHIBIT 5' PROPOSED EASEMENT VACATION SHROYER RANCHES S.W. YARNS. ROAD (C.R. 1286) TIGARD. WASHINGTON CO., OREGON - JANUARY 21, 1998 r r---zr-- C14 - - - f-- I ' I ~ L _ yr aue.o..e.r LLI z 1 0 z .w f i PU I~ 1 I dY 1 I I Z 1 I I Y Y !t • 1 743 ~ ~ ~5 1 ( hr III ..a ' i Y I ~'I.3 1 'I1 I 1 1 1 I , 6 1 r ( 1 I ! I I I I r I 1 ~JJ I 1 I I j 1 N . CASE MOdSI i CASE NAKHSk 1-1 aw®wToSITE PLAN EA}ilBl't MAP 'am 2 STORY W= S01MG BUL MO MA.DWO FOOTPRINT - 5.7813 SC FT. •7084 S.W. FIR LOOP LOT 12 0.655 ACRES L& Coco -ass UlrUT XWgrOON 12500' z 0 Noma r® 7V z z D C~ LL U t EXHIBIT 1 WESTLAKE CONSULTANTS INC. ?L.=' NNI`G Phone: 503 684-0652 Fax: 503 624-0157 Shrover Ranches, Inc. Partial Easement Vacation Project No.: 1209-01-97 January 17, 1998 PROPERTY DESCRIPTION A tract of land situate in the SE 1/4 of Section 1, T. 2 S., R. 1 W., W.-M., located within Lot 12, "72nd Business Center", Plat Book 40, Page 2, City of Tigard, Washington County, Oregon, being more particularly described as follows: Commencing at the southwest corner of said Lot 12; thence, along the south line thereof South 89018700" East 30.00 feet to the easterly line of a 30-foot wide easement for "Utility, Storm Drainage & Pedestrian Way" per said Plat; thence. along said easterly line North 0°42'00" East 52.68 feet to the True Point of Beginning; thence. leaving said line North 89°18'00" `Nest 5.00 feet; thence North 0°42'00" East 52:50 feet; thence South 39°13'00" East 5.00 feet to a point on said easterly line: thence South 0°12'00" West 52.50 feet to the True Point of Beginning. Containing an area of 262.5 square feet. more or less. Bearings based on "72nd Business Center'. Plat Book 40, Page 21 ~__,ED . 1sG.~ PR4r~ SICi~.~,I. GRA: 1/17/93 SUR%/Jc 10.!R -admire %1 09011jurve.0pd1_ 090Ldoe / jk / - ORZOON JULY 25. 18?0 GARY R. ANDERSON IZl-il (q7 cn 'Z I ;v c fZND i ~J -Z W! i i C02 ga rw rm co IS grinc co C02 MM_ BIT C i f g e 0 °aC:~ me in w a EXHIBIT D CITY OF TIGARD, OREGON RESOLUTION NO. 98- 0(0 A RESOLUTION INITIATING THE VACATION OF AN APPROXIMATELY 263 SQUARE F04T PORTION OF A PUBLIC UTILITY EASEMENT WITHIN LOT 912 OF THE "72ND BUSINESS CENTER", PLAT BOOK 40, PAGE 2, CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the public utility easement was originally dedicated to the public with the platting of the "72nd Business Center" in 1977; and WHEREAS, a building was constructed on the lot in 1980; and WHEREAS, the footing of the building encroaches slightly more than two (2) feet into the easement with the eave overhanging approximately four (4) feet into the easement; and WHEREAS, it does not appear that utilities have been constructed within the area of the building; and WHEREAS, the petitioner, Marty Dirks, is requesting that the City of Tigard initiate vacation proceedings to vacate a five (5)-foot by approximately 53-foot portion of the easement that the building and overhang affects; and WHEREAS, the public utility easement may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council initiates a request for the vacation of an approximately 263 square foot portion of a public utility easement within lot ml2 of the "72nd Business Center", as more particularly described in "Exhibit A" and "Exhibit B". Section 2: A public hearing is hereby called to be held by the Tigard City Council on Tuesday. March 24. 1998 at 7:30 PM in Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, Oregon, at which time and place the Council will hear any objections thereto, and any interested person may appear and be heard, for or against, the proposed vacating of said public utility easement. RESOLLMON NO. 98- C ircirywidc%resWactirtp.int PAGE I OF 2 wD 29-tan-989:2; AW r - Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing, the first publication to be on Nlarch 5. 1998 and the final publication to be on March 12. 1998. The Recorder is further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice at, or near, each end of the area proposed to be vacated. Section -t: The particular public utility easement to be vacated is shown on the attached "Exhibit A" and "Exhibit B" and by reference, made a part hereof. PASSED: ATTEST: This - day of i' -62r to,u# r2o ' V,,r; -5 r 1 h e r -tic [,N J ` I mo../ . City Recorder - City of Tigard /C1`~ Date RESOLUTION NO. 98- C'U i!citywidvres\vactirlp.int PAGE 2 OF 2 W6 39-Jan-989:24 AN- t r iV Section 3: The City Recorder is hereby authorized and directed to cause to have published in L the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice 1 of said hearing, the first publication to be on March 1998 and the final publication to be on March 12. 1998. The Recorder is further directed to cause to have posted within five (s) days after the date of first publication, a copy of said notice at, or near, each end of the area proposed to be vacated. F Section 4-. The particular public` utility easement to be vacated is shown on the attached ° Exhibit A and "Exhibit B and by reference, made a part hereof. ! PASSED: _ This ^ { day of 1 98. F t { vlayor - igard 7 ATTEST: w City Recorder -City of Tigard r Date i f' i E- j RESOLUTION NO. 98- `citywide,res\vacrirlp.int PAGE 2 OF 2 WD 29-Jan-989:24 ANI AGENDA ITEM NO. 2 - VISITOR'S AGENDA DATE : March 2.4, 1995 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE 11 TOPIC STAFF CONTACTED Depending on the number of person v ishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. AGENDA ITEM NO. 0 DATE: March 24, 1998 PUBLIC HEARING (QUASI-JUDICIAL) - VACATION OF AN APPROXIMATELY 263 SQUARE FOOT PORTION OF A PUBLIC UTILITY EASEMENT WITHIN LOT 12 OF THE "72ND BUSINESS CENTER," PLAT BOOK 40, PAGE 2, CITY OF TIGARD, WASHINGTON, COUNTY, OREGON - (PETITIONER, MARTY DIRKS) PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS d-Z MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and Council FROM: Liz Newton, Assistant to the City Manager DATE: March 9, 1998 SUBJECT: Cost Estimates for Expanded City Facilities S-2ss~ ~ On October 28, 1997, the City Council approved a budget adjustment authorizing HDN Architects to develop cost estimates for Option 1 as recommended by the Space Committee. Over the last several months, the architect has met with staff and developed preliminary designs for new library and police buildings, and the remodel of the existing library, city hall/police building, and water building to accommodate other city departments. /aff Attached is a summary of the cost estimates for each facility. This information will be discussed in executive session at the Council meeting on March 10. Staff will also have renderings of what the facilities might look like on hand. MAR 09 '98 13:33 HDN 068 K11 TIGARD MASTER PLAN 1998 HDN DIRECT CONSTRUCTION COST SUMMARY Component Area S/SF Cost Comments New Library Building 42,000 sf 125.40 5,113,597 Apportionment of Site Work Costs 545,400 Amllitecairal, engineering, testing, & permit oasts 201/1 1,131,799 New f trni#Lings, equipment' 24,000 sf 20.00 480,000 'City will rc-use Contingency fee 5% 363,540 70% of cdsting Finanae/Bond fees 1.73% 13301 7,767,937 New Police Building 22,000sf 146.17 3,228,855 Appor icn*nt of Site Work Costs 424,200 Archit=tuial, engineering, testing, & permit costs 201/1 730,611 Purchase af.Schramrn property (estimate) 750,000 Deutolitiori & site clean up (estimate) 150,000 New fianishing. equipment' 8,500 sf 20.00 170,000 Contingency fee 5% 272,683 FinancenUnd fees 1.75% 100,211 5,826,560 Adminsitration Building 13,516 sf 56.38 762,000 Art hiftct r4 cngtneering, testing, & permit casts 201/. 152,400 Contingen y fee 5% 45,720 FinancdBand fees 1.75% 16,802 976,922 Finance/Fng needog/Plaaaing Bldg 22,314 sf 56.80 1,269,000 Appordonchent of Site Work Costs 242,400 Architeet;ual, engineering, testing, & permit costs 201/. 302180 Contingency fee 5% 90,684 Finance/Bond fees 1.75% 33.326 1,937,690 Public Works & Water Dept 11,336 sf 89.09 1,009,900 Architectural, engineering, testing, & permit casts 20% 201,980 Contingency fee 5% 60,594 Financv'Bond fees 1.75% 22,268 1,294,742 Total DimalConstrucdon Costs $17,803,851 'City will rc-use 901/. of existing ban H D N Architects pc - Architecture, Urban/Environmantal Design - HDN Architects pc with offices at: 215 Northwest Park Avenue, Portland, Oregon 97209-3316 - Telephone: (503) ::d 0110 - Fu: (503) 224-5948 AGENDA ITEM 4 FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 3.a March_ 24, 1998 ISSUE/AGENDA TITLE Authorize City Manager to Sign a Joint Declaration of Restrictive Covenant and Grant of Easement between the Ci of Tigard and the Tigard Chamber of Commerce PREPARED BY: W. Monahan DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council authorize the City Manager to sign a Joint Declaration of Restrictive Covenant and Grant of Easement between the City of Tigard and the Tigard Chamber of Commerce? STAFF RECOMMENDATION Authorize the City Manager to sign the agreement. INFORMATION SUMMARY The attached memorandum from City Manager Monahan explains the need for the agreement as the City and Chamber of Commerce proceed with respective plans for the site of the former Tigard Feed and Seed Store. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The additional parking and new Chamber of Commerce Building will effect another step in the strategies identified that include working proactively with downtown business owners and merchants. FISCAL NOTES No fiscal impact for this action; however, as identified in the attached memorandum Council may be asked, at a later date, to waive fees related to the Chamber of Commerce's development. i Aadm\cathy\council\chmbr.doc MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council FROM: William A. Monahan, City Manager DATE: March 9, 1998 SUBJECT: Main Street Parking Lot City Engineering staff is presently proceeding with design of the City parking lot on Main Street at the site of the former Tigard Feed and Seed Store. We expect that bids will be solicited beginning around June 22, with bid openings scheduled for around July 8. The plan would be to have construction occur during the months of August or September. Last week City staff met with representatives of the Chamber of Commerce to discuss coordination of the City parking lot construction and the development of the Chamber's building. The Chamber has a number of issues yet to be resolved, including landscaping, parking, fees, and public improvements. I expect the Chamber will provide us with a written request, asking that some means of reciprocal parking arrangement be considered by City Council, and that some fees related to the development be waived by Council. I have reserved a spot on the April 21, 1998 Study Session agenda for consideration of this request by Council. If Council is inclined to waive any fees or allow the Chamber to use some of the _ City parking lot during day or evening hours, action on such requests could occur at a future Council meeting. During the discussion of the remaining steps toward improvement of the property, it was discovered that the joint Declaration of Restricted Covenant and Grant of Easement prepared in April, 1996 between the City and the Chamber has not been executed. This document was developed early on in our discussions with the Chamber and Burlington Northern, as it is necessary that the City and Chamber have a combined access to the property. The Chamber property facing Main Street is too small for an individual access and egress onto Tigard Street. I checked with Dom Colletta of our City Attorney's office who had prepared the document and found that the Chamber's attorney approved the agreement in form back in 1996; however, the document was not made part of the escrow instructions when the City and the Chamber independently closed their transactions with Burlington Northern. Memo to Council March 9, 1998 Page Two The Council discussions on the purchase of the Feed and Seed property indicate that the Council was fully aware that the Chamber and City had independent plans for the property and that we were to work cooperatively on access. It is my recommendation that the City Council authorize me on behalf of the City to sign the Joint Declaration of Restrictive Covenants and Grant of Easement prior to initiation of parking lot construction. The joint access agreement does not in any way require the City to grant the Chamber of Commerce the right to use the City owned parking lot, nor does it obligate the City to grant a waiver of fees. Discussion of these questions will occur at a later Council meeting. WAM\jh Cathy Wheatley is %admkbi1PD30998.2. doc O'DONNELL RAMIS CREW CORRIGAN & BACHRACH, LLP JEFF H. BACHRACH MARK L. BUSCH D. DANIEL CHANDLER++ DOMINIC G. COLLETTA•• CHARLES E. CORRIGAN• STEPHEN F. CREW MARTIN C. DOLAN GARY F. FIRESTONE' WILLIAM E. GAAR G. FRANK HAMMOND• MALCOLM JOHNSON' MARK P. O'DONNELL T. CHAD PLASTER TIMOTHY V. RAMIS WILLIAM J. STALNAKER ANDREW H. STAMP BARTON J. WACHSTETER ATTORNEYS AT LAW 1727 N.W. Hoyt Stmt Portland, Oregon 97209 CLACKAMAS COUNTY OFFICE 181 N. Grant, Suite 202 Canby, Oregon 97013 TELEPHONE: (503) 266-1149 TELEPHONE: (503) 222.4402 FAX: (503) 243-2944 PLEASE REPLY TO PORTLAND OFFICE March 6, 1998 VANCOUVER WASHINGTON OFFICE First Independent Place 1220 Main Street, Suite 451 Vancouver, Washington 98660-2964 TELEPHONE: (360) 699-7287 FAX: (360) 699-7221 JAMES M. COLEMAN SPECIAL COUNSEL • ALSO ADMITTED TO PRACTICE IN WASHINGTON % ALSO ADMITTED TO PRACTICE IN CALIFORNIA ADMITTED TO PRACTICE IN WASHINGTON ONLY ALSO ADMITTED TO PRACTICE IN WASHINGTON AND MONTANA Mr. William A. Monahan City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Re: City of Tigard/Chamber Burlington Property Acquisition Dear Bill: f7 , MAR 0 9 1998, L, LJir U L. EJ Pursuant to our telephone conversation today, enclosed please find an original Joint Declaration of Restrictive Covenants and Grant of Easement for execution by the City and the Chamber. I have also enclosed for your use copies of correspondence to and from Martitia Dell, counsel for the Chamber regarding the enclosed document and a copy of the document as approved by Ms. Dell to show that no further changes have occurred except for the dates. Please call me if you have any questions. Very t yours, inic G. Colletta DGC/nak Enclosures 04/08 10 104/08/96 10:52 MAN" X. DWI pwick J. Arue ca-036 L Mama' XWh W. iaby Tfma/ J. Wrrptry pmhemr C. Rtty Maud J. soon FROM: 503 520 4315 TO: 2473 PAGE e., 620 4315 Farrer & Scott to qjk" FUR FM & SCOTT= AUMM Addn=: F= OM. Not ZAU, T4%rd. Orp 971x1 Moat Ad4rtrr: CU SW Rmtm . Tigard. Grown r= T4100- MM a643C haiMiW MM daD.tllf Z001/001 J L k Ala L WMbCU AhaadaitmdyWrdh.V= April 5, 1996 Facsimile Cover Sheet rc.rarr K=I TIUA donaaat DonLikins m ZiAOQILIU and eged iaf-tsor which in satwed m1y or u recapiat thlaaa Ywr are rum nand Tscipiaat or the a...n. izcd agent theteot you are ptohibit44 trem s..Un, dirt=iDUtiag of *Uwr im aisrealn.eing cam igierr.rum. It yw reoeiwed trir caalcatitFt in etzzQ Plraae notify the ~da -~yQis~y -W Beam the CpealaiGaClm wia t1rrC Cl aaa portage. 4m will he rikink wad for tm pmtow oortr. rm" yw. To: Dominic Co etta Of: O'Donnell, Ramis, Crew, Corrigan & Bachrach Facsimile number: (503) 249-2944 Number of pages including this page: 1 Will original be mailed? No From: Martitia M. Dell Facsimile number: (503) 620-4315 Telephone number: (503) 620-4540 Reference for this facsimile: City of Tigard/Tigard Chamber of Commerce Our Pile: MMDMIS Dear Mr. Colletta: Thank you for sending over the Joint Declaration of Restrictive Covenants and Grant of Easement and the proposed Memorandum. I have reviewed them and they look acceptable to me. I have passed them onto my clients and they are in the process of reviewing them. I expect to hear back from them today or Monday with any questions or comments they may have. I will let you know at that time if there are any changes. Thank you for your assistance in this matter. Very truly yours, `rerYtr / i 4ud) s Martitia M. Dell MMD\ard CC: S. Carolyn Long Douglas R. Hookland O'DONNELL RAMIS CRL G i! 17 CORRIGAN & BACHRACH JEFF H. BACHRACH THEODORE W. BAIRD PAMELA J. BEERY MARK L. BUSCH DOMINIC G. COLL.SITA7 CHARLES E. CORRIGAN STEPHEN F. CREW PAUL C. ELSNER GARY F. FIRESTONE' WILLIAM E. GAAR G. FRANK HAMMOND• KENNETH D. HELM DENISE L. JARRARD MALCOLM JOHNSON- MARK P. O'DONNELL TIMOTHY V. RAMIS WILLIAM J. STALNAKER ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland. Oregon 97209 TELEPHONE: (503) 222.4402 PAX: (503) 243-2944 PLEASE REPLY TO PORMAND OFFICE March 28, 1996 JAMES M. COLEMAN SUSAN J. WIDDER SPECIAL. COUNSEL CLACKAMAS COUNTY OFFICE 181 N. Grant, Suite 202 Canby, Oregon 97013 TELEPHONE: (503) 266-1149 VANCOUVER WASHINGTON OFFICE First Independent Place 1220 Main Street, Suite 570 Vancouver, Washington 98660-2964 TELEPHONE (360) 699-7287 FAX (360) 699-7221 • ALSO ADMrrMD TO PRACrKB IN WASHINGTON • • ALSO ADMrITFD TO PMCnCS IN CALIFORNIA TRANSMITTED BY FAG- MLE AND FIRST CLASS MAIL Martitia M. Dell, Esq. Furrer & Scott 91853 S.W. Burnham P.O. Box 23414 Tigard, Oregon 97281 Re: City of Tigard/Tigard Area Chamber of Commerce Dear Marti: This letter will confirm our telephone conversation of March 26, 1997, regarding the acquisition of property formerly owned by Burlington Northern Railroad Company by our respective clients. In conjunction with that transaction, I have prepared two instruments, copies of which are enclosed as follows: 1. Joint Declaration of Restrictive Covenants and License Agreement; and 2. Right of First Refusal. The intent of the enclosed documents is to assure that the Chamber of Commerce will perform its agreed upon duty to move an existing commercial structure so that it resides completely on the joint the property to be acquired by the Chamber. Prior to completion of that move, declaration provides that both the Chamber property and the City property must be sold as a unit. The right of first refusal provides that, prior to completion of the move of the building, &DONNiELL RAMIS CREW CORRIGAN & BACHRACH Martitia M. Dell, Esq. March 28, 1996 Page 2 the City has a right of first refusal regarding the sale of all, or any part, of the Chamber's property. Please review the enclosed documents and contact me with any questions, comments or proposed revisions. I look forward to working with you to finalize these documents in the near future. Very ly yours, mimc G. Colletta DGC/nak Enclosures cc: William A. Monahan (w/encl.) Pamela J. Beery (w/o encl.) STATE OF OREGON ) ) ss. County of Washington ) SUBSCRIBED AND SWORN to before me thi , as the Commerce, and on behalf of the TIGARD CHAMBER, behalf of said corporation. s day of , 1996, by of Tigard Chamber of an Oregon non-profit corporation, on Notary Public for Oregon My Commission Expires: ascwi.,a%R.v;cLcos(eioai%)(nA) Page 3 - JOINT DECLARATION OF RESTRICTIVE COVENANTS By this Declaration, it is the intention of the City and Chamber to assure that the Properties shall not be sold or otherwise conveyed except as a unit until the Building is moved as described herein. In furtherance of the provisions of this Declaration, the Parties have entered into a separate agreement establishing a right of first refusal on the part of the City to purchase the Chamber Property. Reference to the said agreement is made for further particulars. In addition to the foregoing, the City hereby grants to the Chamber a non-exclusive easement for ingress and egress over and upon the City Property to provide for pedestrian and vehicle traffic to and from the Chamber Property and S.W. Tigard Street. This easement is for the benefit of the Chamber Property and burdens the City Property. The City shall have the right to provide for and relocate the said easement from time to time in its reasonable discretion, and to direct and control traffic on the said easement and the City Property to assure reasonable traffic flow thereon. The covenants and easement contained in this Agreement are binding upon and inure to the benefit of the respective successors and assigns of the City and Chamber, and run with the land. IN WITNESS WHEREOF the parties have made this Declaration effective on the day and date first above written. CITY OF TIGARD, an Oregon municipal corporation By: Name: Its: TIGARD AREA CHAMBER OF COMMERCE, an Oregon non-profit corporation By: Name: Its: STATE OF OREGON ) ) ss. County of Washington ) SUBSCRIBED AND SWORN to before me this municipal corporation, on as the behalf of such corporation. day of , 1996, by of the City of Tigard, a Notary Public for Oregon My Commission Expires: Page 2 - JOINT DECLARATION OF RESTRICTIVE COVENANTS ap Fy"ioUSi,y of{"OvecP. a, CLIENT'S COPY AFTER RECORDING, RETURN TO: Attn: Dominic G. Colletta O'Donnell Ramis Crew Corrigan & Bachrach Attorneys at Law 1727 NW Hoyt Street Portland, OR 97209 UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE SENT TO THE FOLLOWING ADDRESS: JOINT DECLARATION OF RESTRICTIVE COVENANTS AND GRANT OF EASEMENT THIS DECLARATION AND GRANT is made the day of 1996, by the CITY OF TIGARD, an Oregon municipal corporation (the "City"), as to that certain real property described on Exhibit A attached hereto and incorporated herein by this reference (the "City Property"), and by the TIGARD AREA CHAMBER OF COMMERCE, an Oregon nonprofit corporation (the "Chamber"), as to that certain real property described on Exhibit B attached hereto and incorporated herein by this reference (the "Chamber Property"). The City and the Chamber are sometimes referred to singly as a "Party", and collectively as the "Parties". The City Property and the Chamber Property are sometimes collectively referred to herein as the "Properties". The Properties, prior to acquisition by the Parties, consisted of one parcel upon which was located a commercial building (the "Building"). This Declaration and Grant is executed by the Parties in conformity with conditions imposed upon the partition of the previously existing parcel into the City Property and the Chamber Property. The Parties jointly declare that until the Chamber shall have moved the Building so that it is located solely on the Chamber Property, neither the City Property nor the Chamber Property, nor any partial interest therein, shall be sold or otherwise conveyed to any person or entity not a signatory hereof, unless such person or entity shall simultaneously purchase both the Chamber Property and the City Property. Page 1 - JOINT DECLARATION OF RESTRICTIVE COVENANTS O,jONNELL RAMIS CRi. CORRIGAN & BACHRACH JEFF H. BACHRACH THEODORE W. BAIRD PAMELA J. BEERY MARK L. BUSCH DOMINIC G. COLLETTA" CHARLES E. CORRIGAN• STEPHEN F. CREW PAUL C. ELSNER GARY F. FIRESTONE' WILLIAM E. GAAR G. FRANK HAMMOND• KENNETH D. HELM DENISE L. JARRARD MALCOLM JOHNSON' MARK P. O'DONNELL TIMOTHY V. RAMIS WILLIAM J. STALNAKER ATTORNEYS AT LAW 1727 N.W. Hoyt Street Pordand. Oregon 97209 TELEPHONE: (503) 2224402 FAX: (503) 243.2944 PLEASE REPLY TO PORTLAND OFFICE April 4, 1996 CLACKAMAS COUNTY OFFICE ISI N. Grant. Suite 202 Canby. Oregon 97013 TELEPHONE (503) 266-1149 VANCOUVER WASHINGTON OFFICE First Independent Place 1220 Main Street. Suite S70 Vancouver, Washington 93660.2964 TELEPHONE (360) 699-7287 FAX (360) 699.7221 JAMES M. COLEMAN SUSAN J. WIDDER SPECIAL COUNSEL • ALSO ADMrrIFD TO PRACTIM IN WASHINGTON ALSO ADMITTED TO PRAMM IN CAUFORNIA Martitia M. Dell, Esq. TRANSMITTED BY FACSIMILE Furrer & Scott AND FIRST CLASS MAIL 91853 S.W. Burnham P.O. Box 23414 Tigard, Oregon 97281 Re: City of Tigard/Tigard Area Chamber of Commerce Dear Marti: Pursuant to our telephone conversation of April 2, 1996, I am enclosing for your review a revised "Joint Declaration of Restrictive Covenants and Grant of Easement," and a proposed "Memorandum of Agreement Regarding Purchase and Use of Former Burlington Northern Property". After your review of the enclosed documents, please call with any questions, comments or proposed revisions. Upon your approval of the enclosed documents, I will arrange for their execution by the City of Tigard in conjunction with the close of escrow on the purchase of the Burlington Northern property. Very truly yours, minic G. Colletta DGC/nak Enclosures cc: William A. Monahan (w/encl.) John Hadley (w/encl.) Pamela J. Beery (w/o encl.) AGENDA ITEM # FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Vacation of an approximately 263 square foot portion of a public utility easement within lot 12 of the "72nd Business Center", Plat Book 40, Page 2 City of Tigard Washington County Oregon. PREPARED BY: Will D'Andrea DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council vacate an approximately 263 square foot portion of a public utility easement within lot 12 of the "72nd Business Center", Plat Book 40, Page 2, City of Tigard, Washington County, Oregon? STAFF RECOMMENDATION It is recommended that Council approve the vacation as requested. INFORMATION SUMMARY Council initiated this vacation at a public meeting held on February 10, 1998 (See Exhibit D, Resolution 98-06). Marty Dirks, the petitioner, is requesting that the Tigard City Council vacate an approximately 263 square foot portion of a public utility easement within lot 12 of the "72nd Business Center", Plat Book 40, Page 2, City of Tigard, Washington County, Oregon. The utility easement was originally dedicated with the platting of the "72nd Business Center" in 1977. A building was constructed on the lot in 1980. The footing of the building encroaches slightly more than two (2) feet into the easement with the eave overhanging approximately four (4) feet into the easement. The petitioner is requesting that the City Council vacate a five (5)-foot by approximately 53-foot portion of the easement which the building and overhang affects. The C-P (Professional Commercial) zone does not require a rear yard setback. The Engineering and Planning staff have reviewed the present easement and have found no reason for the extent of the original easement nor will the proposed vacation eliminate any needed area. Attachments: Exhibit A - (site plan) Exhibit C - (vicinity map) Exhibit B - (legal description) Exhibit D - (Resolution 98-06) OTHER ALTERNATIVES CONSIDERED 1. Approve the vacation request. 2. Deny the vacation request. 3. Take no action at this time. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not Applicable. FISCAL NOTES All fees have been paid by the applicant. iAcurpln\wiIIWacfirl2.sum AGENDA ITEM # For Agenda of March 24, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consideration of exemption request for Community Partners for Affordable Housing project Villa La Paz. PREPARED BY: Wayne DEPT HEAD OK CITY ADMIN OK 44CL--- ISSUE BEFORE THE COUNCIL Shall the City Council grant a tax exemption for a low income housing project known as Villa La Paz requested by Community Partners for Affordable Housing? STAFF RECOMMENDATION Staff recommends approval of the application for exemption. INFORMATION SUMMARY One of Council's goals for 1998 is to maintain diverse and affordable housing and to protect Tigard's older housing stock". In pursuit of this goal, the City Council approved ordinance 96-34 which established a section of the Tigard Municipal code dealing with Non Profit Low Income Housing. The new code section allows such organizations to apply to the Council for an exemption from City Property taxes on an annual basis in order to make feasible the restoration and renovation of distressed property into low income housing. The code requires qualifying organizations to apply to the Council for the exemption by March 1 prior to the fiscal year the exemption is requested. The Council must then consider the request within thirty days. Such a request was submitted by Community Partners for Affordable Housing by the deadline of March 1. The application is attached. In reviewing the application, it appears that the requirements set forth in the Tigard Municipal Code are being met and the project qualifies for the exemption. OTHER ALTERNATIVES CONSIDERED None FISCAL NOTES The tax savings to the non profit Corp. that would have gone to the City are estimated at $6,600 for 1998/99. February 25, 1998 Wayne Lowry Director of Finance City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Wayne: r-PP"'I f EB 27 199U Pursuant to Tigard City Council Ordinance 96-34, we are submitting our second (annual) application for tax abatement on the Villa La Paz Apartment complex located at 11875 SW 91 " Avenue. If further information is required, or you have any questions on the application, please feel free to call me at 968-2724, or our project consultant, Sam Galbreath, at 244-3435. As noted in the attached materials, we have nearly completed renovation of the residential units, and will construct a new community facility on-site this spring/summer. We look forward to continuing our partnerships with the Police Department, Tigard Library, Public Works (street and sidewalk improvements adjacent to the project), Tualatin Valley Fire & Rescue, Tigard-Tualatin Schools, Neighborshare, and other important service providers in the community, to improve the quality of life for residents at the project. We appreciate the City's support at various critical junctures in the project. We look forward to working together in the future. Sincerely, Sheila Greenlaw-Fink Executive Director cc: Sam Galbreath, SGA Bill Monahan, City Administrator Jeffrey Johnson, TVF&R Dr. Russ Joki, Ti-Tu Schools C ommunity LA' tners for -imp ffordable H o u s i n g, inc. P.O. Box 23206 ■ Tigard, OR 97281-3206.503/968-CPAH (2724) ' > ' ` Community Pr triers fior Affordable Ong, inc. City of Tigard Application for Tax Abatement Villa La Paz Apartments 11875 SW 91 s~ Avenue, Tigard I A. Property Description I B. Project's Charitable Purpose C. Certification of Resident Income Levels I D. How Tax Exemption Will Benefit Residents I E. Tax Exempt Status Verification of Information Attachments: • IRS Letter • Community Service Partnerships A. Property Descri;pflor, Villa La Paz is located at 11875 SW 91'* Avenue, just off Greenburg Road and Pacific Highway in Tigard. This 84-unit garden court apartment complex is centrally located, between Washington Square (the County's largest shopping mall) and Tigard's Main Street. The neighborhood is basically residential, although proximate to a variety of commercial and retail employers. Several major bus lines serve the area. Villa consists of 84 units in four buildings: 12 one-bedroom/one-bath 564 square feet units, 60 two-bedroom/one-bath units of 839 square feet, and 12 three-bedroom/one-bath units of 1,007 square feet. The buildings are two and one-half stories, each containing 21 units. All are wood frame, with stucco and concrete exteriors with pitched, composition shingle roofs, built around 1970. A rental office is currently located adjacent to the pool and children's play area. Forty-two of the units have fireplaces. The total site contains 3.01 acres and is built at a density of 28 units per acre, an allowable non-conforming use. There are 64 carports and a total of 142 parking spaces (ratio of 1.7 spaces per unit). The 1995 assessed value is $2,471,890, and 1995-96 property taxes levied were $33,874. Legal Description: The site is located in the southeast % of Section 35, Township 1 South, Range 1 West (Willamette Meridian). Tax Lot: The Washington County Map shows the site as tax lot 23-74-2000, Parcels I, II, and III. B. Project's Charit able Purpose The mission of Community Partners for Affordable Housing, Inc. (CPAH) is to promote a healthy community through the development of. permanent affordable housing, sustainable economic growth, and community-based partnerships. Villa La Paz is CPAH's first housing development project. Our acquisition and renovation of the complex ensures that the 84-units are brought up to and maintained in accordance with current health and life safety codes, and are affordable to low- and moderate-income residents on a permanent basis (CPAH has committed to 40 years of affordability for those at 50 and 60% of median income). Partnerships with Tigard's Police Department and Tualatin Valley Fire & Rescue have already enhanced the safety and quality of life for residents. Partnerships with Community Action OrganizatiorvNeighborshare and Portland General Electric for significant weatherization improvements have already resulted in reduced utility bills for families residing in the complex. Neighborshare provides information and referral and emergency services to residents based on resources available. A new community facility will be built in the center of the complex which will provide for a variety of programs, including a computer learning center. Currently community-based programs are operated out of Unit #38 (a 2-bedroom unit which we've temporarily assigned for this purpose). 2 Villa is located within a census tract which has a higher than average concentration of low-income rental households (median income $25,843 vs. $36,669 citywide). The number or residents without a high school diploma is notably higher than for Tigard as a whole (15% vs. 9%). This area boasted the second highest concentration of children under 9 of the eight census tracts in Tigard. While this area represents 9% of Tigard's population base, it is home to nearly 16% of the city's minority households. CPAH's new on-site computer leaming center currently offers six personal computers with CD-ROM drives and a networked printer for use by residents, and we especially encourage children to use it for homework. The Tigard Library recently obtained grant resources in order to purchase a "starter library" of children's literature which is currently being inventoried and shelved for use by residents. C" Certification of Resiidlent Income Levels Under the Uniform Relocation Act, CPAH must avoid displacing current residents. However, we must also come into full compliance with program guidelines based on the funding we received for the project. The 16 sources of funding we have used to make the project work include: Low Income Housing Tax Credit, HOME and CDBG funds, Tax Exempt Bonds, and a variety of others. Tax credit compliance is based on our'placed in service date" (substantial completion of rehabilitation). While there are some residents currently residing at Villa who do not meet the upper limits for occupancy (60% of median income), as units are vacated they are rented only to low-income families and individuals. We expect to be in full compliance by June 1998. D. Boom Tax Exemption VNI Benefit Reskk4 is Our financial analysis for the Villa La Paz project assumes property taxes at zero. This results in a direct reduction in rents of approximately ($35,000/84 units = $416 annually per unit). We will review the operating budget for the project each year, and will only request the tax abatement in future years if cash flow requires it. E. Tax Exempt Status CPAH is the general partner of the Villa La Paz Limited Partnership, a single asset nonprofit corporation established for the purpose of acquiring the Villa La Paz apartments and qualifying for low-income housing tax credits. CPAH's IRS Determination Letter is attached. Verification of Irrtorrnation As CPAH's executive director, I hereby certify that the information in this application for tax abatement is accurate and complete as of this date, to the best of my knowledge. Guardian Property Management Company provides day-today management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. If additional information is desired on any aspect of this application, please do not hesitate to call. I will be out of town during the first week of March, and inquiries at that time may be directed to our project consultant, Sam Galbreath, at 244-3435. Thank you in advance for your consideration. Sheila Gr~'enl^w-Fink, CPAH Executive Director February 25, 1998 4 AGENDA ITEM # (P FOR AGENDA OF 3/24/98 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Design Compatibility and Aesthetics PREPARED BY: JimH DEPT HEAD OK CITY MGR OK How shall staff proceed in addressing building design, community aesthetics, and compatibility? Direct staff to evaluate and assemble information on our current design related standards, investigate what other jurisdictions do to address building design, community aesthetics, and compatibility issues, and determine costs, etc. Direct staff to return on May 19, 1998 with this evaluation and present findings to Council. INFORMATION SUMMARY Council has raised issues of building design, community aesthetics and compatibility. In particular, the Tigard Triangle project originated this discussion. More recently, the proposed text amendment criteria for Comprehensive Plan Amendments furthered this discussion. The Visioning process also identified similar issues for the downtown. How should the City of Tigard proceed with this issue? Currently, other than within the Tigard Triangle, few standards exist to regulate how buildings (commercial, industrial and multi-family) will look within the City. Granted, landscaping, parking, signage, setbacks, land use buffering, screening of mechanical equipment and service areas, density transition areas, etc., are currently addressed in the development code. However, actual building design and aesthetics are not specifically addressed for commercial and industrial development. Multiple-family residential development currently has design standards that address aesthetics of larger multiple-family structures. Single-family residential developments have few standards other than building code and basic zoning requirements (setbacks, parking, heights, etc.). Jurisdictions within the metropolitan area take differing approaches to these issues. Beaverton, Lake Oswego and Portland have "design review" boards charged with addressing building design, aesthetics, neighborhood compatibility, etc. Jurisdictions such as Hillsboro, Washington County and Forest Grove have specific standards in their codes to address some or all of these issues. Other jurisdictions have few design type standards. Staff is requesting direction from the Council on how to proceed with this project. Staff will return with a detailed review of the issues on May 19, 1998. Between now and then, staff will 3/10/98 C.C. Memo re: City-wide Bldg. Design/Aesthetics Page 1 of 2 be assembling information, evaluating our current design related standards, investigating what other jurisdictions do with these issues, and determining costs, etc. Direct staff to not proceed with this evaluation and provide alternative direction. Community Character and Quality of life (Goal 5, Strategy 1) & Growth and Growth Management (Goal 1, Strategy 1) Not applicable at this time. 1A frYWIDE\SUM1DESIGSUM.DOC 3/10/98 C.C. Memo re: City-wide Bldg. Design/Aesthetics Page 2 of 2 OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD, OREGON TO: City Council 7 FROM: Jim Hendryx, Community Development Director DATE: March 10, 1998 SUBJECT: Building Design Compatibility and Aesthetics Over the last two years Council has raised issues of building design, community aesthetics and compatibility. In particular, the Tigard Triangle project originated this discussion. More recently, the proposed text amendment criteria for Comprehensive Plan Amendments furthered this discussion. The Visioning process also identified similar issues for the downtown. Considerable progress was made to address building design, aesthetics and compatibility within the Tigard Triangle. Specific standards were adopted that all development must meet. The Tigard Triangle standards include: building placement, landscaping and building materials, etc. An adjustment process was recently adopted to allow flexibility from the design standards found within the Triangle. This included the creation of a Design Evaluation Team (DET) who is charged with evaluating proposed adjustments to these standards. The result of these standards and new procedures will start to be seen with the construction of new buildings currently under review. How should the City of Tigard proceed with this issue? Currently, other than within the Tigard Triangle, few standards exist to regulate how buildings (commercial, industrial and multi-family) will look within the City. Granted, landscaping, parking, signage, setbacks, land use buffering, screening of mechanical equipment and service areas, density transition areas, etc., are currently addressed in the development code. However, actual building design and aesthetics are not specifically addressed for commercial and industrial development. Multiple-family residential development currently has design standards that address aesthetics of larger multiple-family structures. Single-family residential developments have few standards other than building code and basic zoning requirements (setbacks, parking, heights, etc.) of vivo.,..,. viumu re: airy-wine tsiag. uesigniAesthetics Page 1 of 2 Because the City's industrial zoning limits use of these areas primarily to light industrial, planned industrial, or industrial park type uses, newer industry has been developed primarily in attractive industrial parks. Jurisdictions within the metropolitan area take differing approaches to these issues. Beaverton, Lake Oswego and Portland have "design review" boards charged with addressing building design, aesthetics, neighborhood compatibility, etc. Jurisdictions such as Hillsboro, Washington County and Forest Grove have specific standards in their codes to address some or all of these issues. Other jurisdictions have few design type standards. 0 The City of Tigard could choose to proceed in several ways. One option would be to consider simply adopting the Tigard Design Standards, or some variation, uniformly throughout the city (industrial, commercial and multi-family zones). Something I expected to occur over time as the City started to recognize the quality of development that was resulting in the Triangle. • Another option would be to consider having a design review process similar to what other jurisdictions have. A volunteer "design board" similar to the Planning Commission could be appointed to review projects in light of design, aesthetics and compatibility issues. • Planning Commission authority could also be expanded to address such issues. would recommend that we limit our review to commercial development. However, this is an issue that Council will have to decide. I will also delay proceeding with the Comprehensive Plan criteria amendments until I have direction from the Council on this. What ever option is chosen, the Council needs to have involvement and input from residents, business owners, developers and property owners within the City. Without adequate public involvement, any effort will fail. Community support is critical to the success of this endeavor. I am planning to make a presentation at the May 19, 1998 Council Study Session to get direction from the Council on how to proceed with this project. Between now and then, staff will be assembling information, evaluating our current design related standards, investigating what other jurisdictions do with these issues, and determining costs, etc. If this approach is not acceptable to the Council, please inform me of such at the March 24, 1998 City Council meeting. hcdadminWesign.doc 3/10/98 C.C. Memo re: City-wide Bldg. Design/Aesthetics Page 2 of 2 DESIGN REQUIREMENT SUMMARY The following summarizes landscaping, screening, buffering, design and density requirements in the new and old versions of the development code: Landscaping/screening- (18.745 in new code, 18.100 in old code) Basic requirements: General requirements: Street Trees: Buffering o Multi-family 20% required landscaping o Commercial 15 to 20% depending on zone o Industrial 15 to 25% depending on zone 0 obligation to maintain o Must meet ANZI standards for stock o irrigation required (new) o required, number and spacing dependent on size at maturity o new code requires trees, ground cover & screening depending on use (see tables 18.745.1 & 2 from new code) Design compatibility (new code section 18.720 establishes standards between multi-family & attached single family abutting single family) General requirements: o establishes building height, building plane, front facade, entrance, unit definition (dormers, gables, porches,etc.) roof line, trim detail, mechanical equipment, parking location & pedestrian circulation standards Densi (18.715 new code, 18.92 old code) General requirements: o number of dwelling units allowed is established by the minimum lot size per zone; o net development area excludes land in 100 year floodplain, 25% or greater slopes, drainage ways, wetlands, & public and private streets; 0 25% transfer allowed from sensitive areas Design Standards Tigard Triangle standards: o ground floor windows o building facade o weather protection o building material o roofs and roof lines o roof mounted equipment Community Com. zone guidelines: o building design guidelines calling for unity of design, architectural elements, surface, roof & color treatments and standards for lighting, parking, walkways etc. Site Development Review (new code 18.360, 18.120) establishes added criteria o elevations, recesses, extensions, offsets o buffering, screening o privacy 0 outdoor & recreation area (multi-family) o crime prevention o public transit o building separation requirements (for multi- family bldgs.; new code 18.730, 18.96 old) is\curpln\dick/designr.sum 03/05/98 1:36 PM AGENDA ITEM FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Parks Master Plan Update PREPARED BY: Duane Roberts DEPT HEAD OK CITY MGR OK 14 _ _ What progress has been achieved to date on the park and open space master plan study? This is an informational item. No action is required. INFORMATION SUMMARY Late last year Council authorized the hiring of MIG, Inc., a parks planning firm with headquarters in Berkley and branch offices in Eugene and elsewhere, to develop a ten-year parks and open space master plan covering the City and Urban Services Area. Council assigned Planning Commission the responsibility for managing the study. In the four months since contract award, which include the holiday and winter weather season, the consultant has accomplished several work tasks. A task force representing a variety of recreational interests, such as the school district, youth sports, and environmental groups, has been formed to meet jointly with the Planning Commission throughout the process. An inventory and ADA assessment of the City's existing system of parks and the identification of key maintenance issues has been completed. In order to identify community goals and needs for park services, one-on-one interviews with community leaders, a planning commission/task force workshop, and a community-wide public involvement meeting have been held. As an additional method of gathering public input, a City-approved and field tested community survey will be included in random copies of the April Cityscape. The eight-page survey covers community needs for parks, recreation facilities, and open space. It also addresses maintenance and funding strategies. In early March, the first of three weekend community workshops was held to develop a site and management plan for the existing Woodard Park and a seven-acre addition. On March 24th, MIG will meet with the Operations Department and administrative staff to identify appropriate maintenance levels for each facility type, current and projected maintenance costs, and projected staffing needs. The next Planning Commission/Task Force and community-wide workshops will focus on the findings of the interviews, workshops, and survey. 17 Does not apply The park master plan study addresses numerous action elements under the Urban and Public Services Parks and Recreation Goal. The budget established for the parks and open space master plan study is $60,000. is\citywide\sum\park.upd AGENDA ITEM # FOR AGENDA OF 3/24/98 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUEIAGENDA TITLE 121 st Dam and Pond PREPARED BY: Jim Hendrvx. Gus Duen,-~ DEPT HEAD OK CITY MGR OK ~,j In late 1997, Council authorized a design study for a dam and in-stream pond on Summer Creek at 121 st Avenue, as desired by neighborhood residents. Recently, some of the regulatory agencies have objected to the project as presently conceived. Staff is returning to Council for direction as to how to proceed. Direct staff and consultants to work with neighborhood residents as partners on the design of an off-line pond or series of small ponds as a wetlands enhancement. Progress on the 121st Avenue dam and pond design study has been slowed because of regulatory agency objections to the adverse impacts of the proposed project on water quality and fish passage. These objections reflect a shift in agency positions from the mid-90's when the city began to apply for the various permits and approvals required to construct the dam and pond. The attached staff report overviews the background and latest events related to the implementation of this project. The city consultants, neighborhood spokespersons, and environmental group representatives have been invited to discuss the project and the most appropriate steps towards its successful completion. 1. Move ahead based on the original design for the pond. This could involve going to court to force the granting of the required DSL/Corps permits. 2. Abandon the project. This project supports Urban and Public Services Goal No. 3, which calls for the preservation and enhancement of wetlands. Cost estimates have not been developed as yet. The proposed funding source for the in-line project would have been city General Funds. An off-line option would become eligible for surface water management system development funding. Other potentially available funding sources for an off-line option include the Tualatin River Endowment Fund and the Governor's Watershed Enhancement Project. iACitrMde\Cum\darn mew CITY OF TIGARD Community Developme Shaping A Better Commun MEMORANDUM CITY OF TIGARD TO: City Council FROM: Jim Hendryx, Gus Duenas DATE: March 12, 1998 SUBJECT: Proposed Pond at SW 121st Avenue: Status Report and Request for Direction Background In 1994, the city decided to replace an existing debris dam on Summer Creek at 121st Avenue with one built as a public improvement. Because the dam was unauthorized, city staff began applying for state and federal permits and approvals for installing a dam and impounding streamwater. By 1996 Water Resource Department permits had been obtained and a study addressing FEMA regulations completed. Proceeding to the implementation or design and construction phase of the project was temporarily placed on hold pending the completion of the Fanno Creek Watershed Management Plan. The city was a partner with USA in the development of this plan, which included Summer Creek as a major tributary of Fanno Creek. The plan's purpose was to outline long-term strategies to provide flood control and to protect and improve water quality. The Summer Creek portion of the study considered all sections of the creek including the 121st pond site. After receiving public comment in support of keeping the 121st dam, the study project committee recommended a "no change" or status quo option for the site. The management option supported by the neighborhood was for an "in-stream" pond, or pond located in the middle of the stream. In September 1997, Council authorized staff to hire a consultant to conduct a design study for a dam and in-stream pond as desired by the neighborhood. In October of last year, following an open selection process, KCM, Inc. of Seattle and Tigard, was picked to conduct the study. Other project team members include the firms of Foundation Engineering for geotech engineering and Greenworks for landscape architecture. The elements of the study include the design of the dam structure, a design for the reconfiguration of the pond created by the dam, the development of a planting scheme for the bare and disturbed areas around the pond, the completion of a joint Division of a State Lands/Corps of Engineers fill/removal permit, and public involvement. Permit Process In March 1996, after soliciting comments from the various natural resource agencies, the state Water Resources Department issued permits to the City to install a dam and impound streamwater at the 121st site. During the review period, letters were submitted by the Environmental Protection Agency (EPA) and the state Fish and Wildlife Departments recommending the project be allowed. Other agencies from whom comments were requested did not file objections to the project. Since Summer Creek is both a state and a federally regulated stream, the city next completed a Federally Emergency Management Agency (FEMA) required "no-rise" study, which documented that the proposed dam would have no significant impact on water surface elevation. Two additional, and as yet unobtained, permits are required for a dam and pond. They include a joint Division of State Lands (DSL)/Corps of Engineers permit and a City Sensitive Lands permit. The requirements for the city permit are identical to the FEMA standards: design calculations are required to determine whether the proposed dam will alter the floodplain or the 100-year flood contours. As indicated, the analysis to show the dam does not cause any increase in the base flood level has been completed. DSL and the Corps have authority over the fill, removal, or alteration of material within floodplain or wetland areas. As noted above, obtaining a joint DSL/Corps permit was included as part of the scope of services for the design study. Staff made no attempt to obtain these permits earlier in the permit and approval process because the information required to fill out the application is based on the technical specifications for the dam structure and the reconfiguration of the pond, which are the subject of the design study. Staff did, however, contact the DSL and Corps during the early phases of the project to get their opinions about a dam and associated in-line pond at the proposed site. At the time, the DSL representative raised no objections to the project and the Corps representative anticipated Corps approval, provided no objections were received from other agencies. No follow-up or on-going contact was maintained with the agencies over the years. Recent Events In early March, in anticipation of applying for permits through DSL and the Corps of Engineers, several of the agencies that would be participating in the permit process were invited to view the site. This followed a public involvement meeting attended by a corps official who objected to the proposed pond design. Agencies represented at the on-site viewing included Corps of Engineers, EPA, US Fish and Wildlife Service, Oregon Department of Fish and Game and Division of State Lands. In the discussions that followed, two main concerns emerged: heating of the water and fish passage. The Tualatin River and its tributaries, including Summer Creek, have been designated by the EPA as "water quality limited steams" and subject to stringent regulations intended to improve the quality of the water as measured by the amount of a variety of pollutants. Temperature has been identified as the most important measure of the quality of the water throughout the Tualatin River basin. There was a consensus among the agencies that the pond created by the proposed dam would result in unacceptable heating of the water during the summer. Heating could be reduced by shading the creek with native plants. However, the agencies were concerned about the City's ability to maintain the plants since they would be planted on private property and appear to be incompatible with surrounding uses. Although not represented at this meeting, the DEQ is expected to object to the proposed dam because of this, and perhaps other, water quality issues and to not provide the approval required for the Corps of Engineers to issue the permit. In addition to water temperature, the US Fish and Wildlife Service, Oregon Department of Fish and Game and Division of State Lands also were concerned about fish passage. Currently, fish are not present in this reach of the creek and the dam just upstream at Summerlake Park prevents fish passage. Nevertheless, these agencies are hopeful that there will be efforts to reestablish fish here so additional barriers to fish passage, such as the proposed dam, should not be permitted. Other objections also were mentioned. For example, the proposed project could also result in increased populations of undesirable species such as nutria, bull frogs, mosquitoes and reed canary grass and reduce habitat for perhaps fourteen endangered species. These objections could be avoided by providing a dam that could be opened as required for fish passage and lowering of the water during the summer so that it is confined to a creek that will reduce warming. Ponds during the remainder of the year could be provided by excavating a pond off to the side of the creek ("off-line") or several small curved ponds ("abandoned oxbows") that would be drained during the summer when the dam is opened. A further advantage of this scheme is that it would provide an opportunity to plant native materials and return the creek to a more natural state that would attract wildlife. Regulatory Agency Authority Suggested above is that current agency views regarding this project represent a shift in position from a few years ago. Asked to comment on this situation, the City Attorney's office has indicated that the regulatory agencies are not bound by previous interpretations. As with the city's application of its own regulations, the agencies have the right to change their opinions. In the current regulatory climate, standards of review are much higher than they have been previously. Water quality standards and regulations related to species listed as endangered or threatened, such as cold water fish, are tougher and reflect a different environmental situation than prevailed in the mid-90's. The proposed funding source for the in-line project would have been city General Funds. In addition to resolving difficult permit issues, a key benefit of an off-line option is that the 121st project would become eligible for funding by the surface water management system development charges. The project as originally conceived was ineligible for these funds because it does not adequately meet water quality and flood management criteria established in the Fanno Creek Watershed Management Plan. If needed, other potentially available funding sources for an off-line project include the Tualatin River Endowment Fund and the Governor's Watershed Project. A letter from the Operations Department addressing the long term cost of pond maintenance is attached. According the city risk manager, a pond project will not add to the cost of city liability coverage. Schedule Water Resource Department permits for the dam and pond were issued in March 1996. Under these, construction work on any new facility must be completed by October 1, 1998. The impoundment permit stipulates that the filling of the reservoir must be completed by October 1, 1999. The WRD Director may extend the time for completion of construction and the time for "complete application of water to the proposed use", provided reasonable diligence is shown in the prosecution of work. Under this schedule, the dam design, pond shape lay out, and planting scheme must be completed without delay in order to allow time for the DSUCorps permit approval process. Council action on providing direction is critical to meeting these time constraints. Staff Recommendation Current regulatory agency views reflect a different environmental situation than prevailed in the mid-1990's when the 121st project was initiated. The corps and other agencies no longer are allowing in-line ponds. To resolve this conflict, staff recommends council consider a new off-line or oxbow design for the configuration of the pond. This option will provide greater water quality and wildlife habitat benefits and incorporate the permit requirements of the agencies. It also would qualify the project for SWM funding. In recent weeks neighborhood residents have shown greater acceptance and recognition of the need for considering a new approach to the 121st project. When proposed previously, the greatest neighborhood concern with the off-line option was that the pond would dry out in the summer and leave a bare mud flat that would be unattractive, smelly, and provide a breeding ground for mosquitoes. According to the city consultants and other experts, this concern could be addressed by planting lilies or other aquatic-type vegetation within the pond. This would help maintain a leafy, green effect during the dry season. Models for this approach include recently-developed ponds located on the Nike campus and on Beaver Creek. Photographs of these and other off-line projects will be shown at the 3/24 Council meeting. Neighborhood and Friends of Summer Creek representatives and the city consultant team will be present at the 3/24 Council meeting to express their views and answer questions regarding how best to proceed. The neighborhood spokespersons have been meeting and talking with residents of the area around the pond and will present neighborhood opinions. The environmental groups have long been in favor of an off- line approach to the 121st project. bIrpn/dr/dam.gre MEMORANDUM CITY OF TIGARD, OREGON TO: Duane Roberts FROM: Jeff Munro DATE: March 9, 1998 SUBJECT: Summer Creek Dam I have done some research regarding the plan at Summer Creek involving the use of oxbows. It is my understanding that these are planted with native vegetation for the use of wildlife as a natural habitat for nesting. If this is the intent of the City, then the plan calling for the use of oxbows would not require any additional maintenance by the Parks/Grounds Division. CITY OF TIGARD FACT SHEET 13125 SW Hall Boulevard Tigard, OR 97223 Contact: (503) 639-4171 AGENDA: 3/24/98 TOPIC: 121 st Dam and Pond Design Study BACKGROUND: In late 1997, Council authorized hiring a consultant to complete a design study for a dam and pond on Summer Creek as it flows under 121st Avenue. Some of the agencies that would be participating in the permit process have objected to the proposed pond design. Staff is returning to council to seek direction on possible alternative courses of action. COST: No cost estimates have been developed as yet.