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City Council Packet - 06/12/1989 Upd a INI (al,a 1 P TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS AGENDA CATV sign-up sheet(s) . If no sheet is available, (- JUNE 12, 1989, 5:30 P.M. ask to be recognized by the Chair at the start �L TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are 13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator. 5:30 o STUDY SESSION 5:30 p.m. - Commissioner Roy Rogers, Washington County 6:30 p.m. - Councilor Richard Devlin, Metropolitan Service District 7:30 1. BUSINESS MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items 7:35 2. TWALITY JUNIOR HIGH SCHOOL STUDENTS PRESENTATION - TRAFFIC SAFETY CONCERNS 8:00 3. PRESENTATION OF KEYS TO THE CITY TO CONGRESSIONAL AWARD RECIPIENTS: SHANNON KASTEN (BRONZE AWARD) AND JAMES WORLEY (GOLD AWARD) o Mayor Edwards 8:10 4. PROCLAMATION - NATIONAL FLAG DAY o Mayor Edwards 8:13 5. VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please) 8:20 6. 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: 6.1 Approve Council Minutes: January 27, 1989, April 24, 1989, May 2, and 9, 1989 6.2 Receive and File: Council Calendar 6.3 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB): a) Award Bid for North Dakota Shoulder Widening; b) Award Bid for Parking Lot Landscaping, Irrigation Renovation); Adjourn LCRB; Reconvene Council Meeting 6.4 Approve Final Order - Conditional Use CU 89-02 Tigard Assembly of God Church - NPO #3; Resolution No. 89- 6.5 Accept City Center Development Plan - Resolution No. 89- 6.6 Approve Amendments to Intergovernmental Agreement with Unified Sewerage Agency - Resolution No. 89- 6.7 Approve Right-of-Way Use License Agreement with Trammel Crow Company - S.W. 93rd Avenue and Mapleleaf 6.8 Approve Appropriation for Replacement of Damaged Property - Resolution No. 89- 6.9 Approve Appointments to the Washington County Transportation Coordinating Committee; Councilor Joe Kasten and City Engineer Randy Wooley (Alternate Representative) 11/ COUNCIL AGENDA - JUNE 12, 1989 - PAGE 1 8:25 7. PUBLIC HEARING - AMENDMENT TO THE TIGARD MUNICIPAL CODE (TMC) , CHAPTER 7.40 (Noise) Amendments to the Noise Ordinance provisions of the TMC o Public Hearing Opened . o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council 8:50 8. NCOMPREHENSIVE PO #8 ORDINANCE PLAN AMENDMENT NO P 8989-05 & ZONE CHANGE 8905; CROW OREGON, INC. ;INC 9:00 9. PUBLIC HEARING - PUBLIC RIGHT-OF-WAY VACATION - PORTION OF SW 66TH AVENUE IN WEST PORTLAND HEIGHTS SUBDIVISION Proposed vacation of a portion of S.W. 66th Avenue within West Portland Heights, a recorded plat in the City Cityof Tigard, Council WashingtonoaMarch 27 County , ty, Oregon. The request was initiated by at the request of Jim and Cora Corliss. to o Junes 12,ea 1989;was Staff continuedwill be recommending an at the May 8, 1989 Cextension ouncil Meeting of the continuation of the Public Hearing Date. 9:05 10. NON-AGENDA ITEMS: From Council and Staff 10.1 toPP Servehe onthe Nomination Eme EmergencySteve Medical+ Mayor Servicesfor City Policyf Tualatin Board - Resolution No. 89- 9:15 11. EXECUTIVE SESSION: The Tigard City Council will go into) Executive SSession under the provisions of ORS 192.660 (1) (a), (d), discuss labor relations, Police Chief selection, real property transactions, and current and pending litigation issues. 10:00 12. ADJOURNMENT cw/9943D 41) COUNCIL AGENDA - JUNE 12, 1989 - PAGE 2 TIMES PUBLISHING COMPANY Legal 7_6979 P.O.BOX 370 PHONE(503)684-0360 Notice BEAVERTON,OREGON 97075 Legal Notice Advertising nECEiVED • City of Tigard • 0 Tearsheet Notice JUN 21 1989 P. 0. Box 23397 Clip CF TIGARD • Tigard, OR 97223 • 0 Duplicate Affidavit • • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I, Dortha Marty being first duly sworn, depose and say thatI am the Advertising Director, or his principal clerk, of the Tigard Times a newspaper of general circulation as defiineardORS 193.010 and 193.020; published at g in the afores td county and st teL that the City Council �tegular Meeting a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for QnP successive and consecutive in the following issues: June 8, 1989 vtZ--k4u 7v1 ate. Subscribeds worn • before me this 9th of June, 1989 et ; 1111L4-- - ;1. : Public for Oregon My Commission'Expires: 9/20/92 AFFIDAVIT t,►, • fjz� � �"' V`.,�,�'S"t t�',...:,,,(;,..!,:-.4.' Y • , .W It •.•A,tl q. '',4.s F ^ Vt.m% -{ . 7.11 . 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I, DORTHA MARTY being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the TIGARD TIMES a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at TIGARD in the aforesEggEtytHIARINGeNOT I CE a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONF successive and consecutive in the following issues: JUNE 1, 1989 GLIM Sub d and sword to re.methis 2nd of June. 1989 Notary Publi Oregon My Commission Expires: 9/20/92 AFFIDAVIT s ,. 1 x t. •�`} �., wYg ." 1 F�,�r e i t y"�°"''- r� tr;'; r n�1i� �t aSt� } i _ Y,r a� . . � ��. �. 1 ,fir'`•i A. #0,": <i ,.> t {y >t 1 �t 1 `I t r6 411.11 .� S 9�1 ri k{� i � v'-r- { t � �,,1 } 'i i1t� 4 +'T"t"'�" '� 'L�.F el.,t1 �.w•#.4i�' T rr }i.S i , i ti a a r 1.11 rYt? x-t. iil .)4drt c S z' '.L y..y -t� f,+ �tig • % � M 411 } x; . fP rr f t x �t.'h•,r k � a,�� e 1 x'-X31-...;x'1^r"a..,i a S �. �: ,:;;;;;t40,.!1,"-3,V7,11 7 �F� (5-'7. Rr;42 r�1 r-+n °4r�r; " .te�' 1 ° �A ��9 1 ° � S ! ! t 1.., '•:-• •• f � iy ` 1 tl (1 V qq t r flfi !! i 1 t. 1 f ; 1 F�Y 5tt ) .1 Air i 1 f'. • • ' • CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed (4 a i1 Tija� OalinaM• STATE OF OREGON ) County of Washington ) ss City of Tigard ) I, , r.Ct%Ai\ +'P rE?Y- being first duly sworn, on .. . oath, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) which were adopted at the Council Meeting dated [a//a/E 1j copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the ! !S day of (A,r P_ , 1981. 1. Tigard Civic Center, 13125 S.W. Hall Blvd. , Tigard, Oregon. 2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon 3. Safeway Store, Tigard Plaza, S.W. Hall Blvd. , Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and S.W. Durham Road, Tigard, Oregon ()re...-eLPNZ•3,-) Mti Subscribed and sworn to before me this /4.3——416 day of , 19Er yam. n . • ' ''• 'otary Public for Oregon � ' '"�� My Commission Expires: 5/4)14/ 1 L' TIGARD CITY COUNCIL (- I EEIING NINDTES - Jam 12, 1989 1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors Carolyn Eadon, Valerie Johnson, and Joe Kasten. Staff Present: Pat Reilly, City Administrator; Keith Liden, Senior Planner, Ed Murphy, Community Development Director; Tim Ramis, City Attorney; Catherine Wheatley, Deputy Recorder; and Randy Wooley, City Engineer. 2. STUDY SESSION: a. Washington County Commissioner Roy Rogers updated Council on the transportation funding proposal for MSPIP/2. In response to Tigard's concern for receiving more benefit, several projects were added. (See Council packet for June 12, 1989, memorandum from City Administrator to Council summarizing changes.) Commissioner Rogers suggested the MSrIP/2 improvements to portions of Durham and Greenberg Road be implemented early. He advised money could be saved if the projects were done in conjunction with Tigard's projects on portions of these roads. Commissioner Rogers advised he was in favor of the MSTIP/2 with the revised project list. Commissioner Rogers briefly reviewed the County's Transportation Improvement Fund (TIF) disbursement; he advised the County needed to review expenditure of these funds. He noted improvements at 150th and Bull Mountain utilized TIF. Further discussion was held on the MSTIP/2 proposal. Council noted their concern over whether this issue could be successfully presented to the voters. It was noted MSTIP/1 had not been completed as initially proposed. Credibility may have been lost. Commissioner Rogers acknowledged these concerns; however, the transportation problems must be addressed. Commissioner Rogers noted construction costs would increase significantly as the result of new drainage regulations (i.e., treatment of water runoff) . Estimates for the cleanup effort of the Tualatin River have ranged from $30 - 40 per household per month. There was discussion on the timing of a September election in relation to the potential City park levy. Commissioner Rogers explained the proposal for the MSPIP/2 was timed so that as MSTIP/1 ends, MSI'IP/2 could begin. City Council Minutes - June 12, 1989 - Page 1 Commissioner Rogers distributed several worksheets which illustrated differences in costs between certain areas outside City limits as opposed to the expense to annex. (This handout material was filed with the packet of meeting material.) (Commissioner Rogers left at 6:45 p.m) b. Richard Devlin, Councilor for the Metropolitan Service District visited with Council on current events at MEMO: o To dispel recent rumors, he advised that no metro-wide police department had been discussed. o Regional library concept had been discussed; no studies have been authorized. o Regional parks have been considered; proposal would be to develop a regional network of natural parkways along stream corridors. o Principal project now under consideration was contracting for infrared aerial photographs of the entire region. o He discussed the dynamics of a 12 member Board (as is METRO). o He advised METRO will probably be looking for a solid waste transfer station in the Tigard/Beaverton area. ( o Urban growth boundaries for jurisdictions were to be reviewed periodically. Modifications to existing urban growth boundaries would be likely. 3. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:15 p.m. under the provisions of ORS 192.660 (1) (a) , (d) , (e) , & (h) to discuss labor relations, Police Chief selection, real property transactions, and current and pending litigation issues. (Council meeting reconvened at 7:31 p.m.) 4. 7WijT JUNIOR HIGH SCHOOL, PRESERENTICIN - TRAFFIC SAFELY OMICERNS a. Caryn Bales, 9435 S.W. Siletz, Tualatin, Oregon, testified she was a student at Twality Junior High. She referred to the tragic death of her classmate, Adam Speight, as the result of a pedestrian/vehicle accident on Durham Road. She noted safety issues to be addressed and cited the number of students and vehicles which travel Durham Road daily. She advised similar concerns had also been expressed by the Police Department. City Coil Minutes - Juin 12, 1989 - Page 2 b. Danielle Wakefield, student at Twality Jr. High, testified on the difficulty of safely traveling Durham Road. She pointed out the increased amount of commercial and residential development which has added to the congestion. She asked Council to help keep children safe in the area. c. Stephanie Sours, 10050 S.W. Riverwood Lane, Tigard, Oregon 97224, testified the speed limit on Durham Road was set too high. She requested Council petition the State to lower the speed limit. !. d. Tisha Furukawa, 15025 S.W. 89th Place, Tigard, Oregon 97224 referred to Senate Bill 9775 which would return the right to set speed limits to the cities. She identified several other options for the City to consider which included installation of pedestrian cross-lights with pedestrian-activated buttons. She suggested the lights be installed near the high school and at the S.W. 104th . intersection. (The students submitted several traffic speed surveillance sheets; these have been filed with the meeting packet material.) e. Donna Worsley, 16375 S.W. Sylvan Court, Tigard, Oregon 97224 presented a video tape which was viewed by Council. Students had been filmed crossing Durham Road to catch the school bus. The tape illustrated the steady stream of traffic and congestion at the intersection. Later in the meeting, Ms. Worsley testified that during a recent seven hour time period (the preceding Thursday) , she counted over 8,000 cars traveling Durham. In addition, over 300 cars were tested for rate of travel; the average speed was 44 mph. She advised this was much too fast. f. Peter Jakubek, 9965 S.W. Serena Court, Tigard, Oregon 97224 testified he lived on the corner of Durham Road in Pick's Landing. He noted difficulty he has experienced crossing Durham Road because of the high volume of traffic. He said he felt cars were using him as a target at times. He urged that crosswalks be painted. g. Wendy Knauss, 9410 S.W. Martha, Tigard, Oregon 97224 testified she takes her children for walks and, when attempting to cross Durham Road, cars would not stop to let them cross. She noted concern over whether cars would stop even if a crosswalk was painted; she recommended signal lights. h. Mike Lehew, 10599 S.W. River Drive, Tigard, Oregon 97224 asked for temporary measures to be implemented immediately while permanent solutions were being sought. He suggested safety tunnels be constructed underneath Durham Road. City Council Minutes - June 12, 1989 - Page 3 • • i. Wayne Kittleson, 9075 Pinebroak, Tigard, Oregon 97224 testified he was a traffic engineer and had been following this issue. He noted the volume and speed as documented by those who testified earlier was, indeed, a cause for concern. He indicated he supported Senate Bill 9775 which would allow cities to set speed limits on streets within their jurisdictions. He advised further that it was clear from the video tape there were few breaks in the traffic flow on Durham Road. Mr. Kittleson cautioned that safety alternatives be reviewed carefully; implementation without proper study could worsen conditions noting there were instances when crosswalks do not protect pedestrians as expected. He offered to work with the students. He noted a detailed engineering study of the situation would be necessary. j. After giving all persons present an opportunity to testify, neuters of Council commented on the situation: o Mayor thanked the students for their outstanding presentation. He referred to the history of Durham Road and advised Tigard received jurisdiction over the road two years ago. In that time, the City has banned truck travel and has put together an improvement plan which was approved by the voters with passage of the Transportation Safety Bond. Twenty-five percent of the total bond funds were allocated toward the Durham Road improvements. The City was very concerned with the safety of citizens. He noted he was in favor of Senate Bill 9775. In addition, he advised the City would carefully review suggestions for crosswalks and/or signalization installation. He suggested the School District be encouraged to change the school bus stops on Durham Road. o Councilor Johnson thanked the students and others who testified and noted appreciation for their involvement in City government. She advised the City was committed to doing everything possible to establish safety at Durham Road. She asked that until the City has had a chance to implement safety measures, the students do their part by remembering traffic safety rules. She noted the school bus stop situation should be corrected immediately. o Councilor Eadon thanked the students for their comments. She referred to the planned improvements for Durham Road. In the meantime, she asked all citizens to remind their neighbors to be cautious while the City was implementing traffic improvements. City Council Minutes - June 12, 1989 - Page 4 • o Councilor Kasten commended the students for their presentation. He said he hoped the students would be giving the City high marks for responsiveness to the concerns raised. 5. PRESENTATION OF KEYS TO CITY TO CONGRESSICHAL AWARD REMPIENTS a. Mayor presented Keys to the City and a City of Tigard Logo Pin to Shannon Kasten and James Worley. Ms. Kasten was the recipient of a Bronze Congressional Medal and Mr. Worley received a Gold Medal. The Congressional Award is the only award the Congress of the United States presents to youth ages 14 through 23 in recognition of their voluntary public service and personal excellence. 6. PRmCSAMATICN - NATIONAL HAG DAY a. Mayor proclaimed June 14, 1989, as Flag Day in the City of Tigard and urged all citizens of Tigard to pause at 7:00 p.m. EDT on this date for the tenth annual PAUSE FOR THE PLEDGE and recite with all Americans the Pledge of Allegiance to our Flag and Nation. Mayor announced a Flag Ceremony would be held at 4 p.m. PDT on June 14th at the Tigard City Hall. 7. VIST1Cfft'S AGENDA a. Reino and Marilyn Tarkiainen, 14010 S.W. 72nd Avenue, Tigard, Oregon, noted they will be making an offer on some property located behind property they own. Community Development Director explained the Tarkiainens' were requesting a Zone Change and Comprehensive Plan Change and normally would have to wait until October to make such an application; they were requesting consideration be alluded sooner. Mrs. Tarkiainen explained if their offer on the subject property was accepted, they would need to build immediately because it would become a landlocked piece of property when the remaining lot was sold. After consulting Legal Counsel on process, there was a motion by Councilor Johnson, seconded by Councilor Kasten, to instruct staff to initiate the process for hearing the Comprehensive Plan Amendment proposal as requested. Motion was approved by a unanimous vote of Council present. b. John S. Blomgren, 9460 S.W. Oak Street, Tigard, Oregon 97223 testified concerning Consent Agenda Item No. .7. Mr. Bla gren noted his disagreement over changing the alignment of 93rd Street so that it would curve instead of remaining straight. He said the curved alignment would not be of benefit to the neighborhood as had been suggested by Trammel-Crow. City Council Minutes - June 12, 1989 - Page 5 Mayor recalled the prior meeting at which time this topic was discussed; he noted Council had reached the decision to proceed with the curve in the street as requested by Trammel-Craw. Mr. Blcmgren reiterated that he believed, for future development of the entire area, the street should remain straight. He nofor dtass the area has developed, street alignment had only beeno benefit of Trammnel-Crow and had done nothing to benefit the community. He requested a thorough study be made of this area. Councilor Johnson responded she, too, preferred bt.Laight streets; however by angling the street, the developer would be able to build a less-obtrusive parking structure. She recalled Mr. Blomgren s testimony at the previous meeting and advised she believed his point of view was considered by Council. Mayor, in response to Mr. Blomgren's concern about development of streets in the area, noted that Washington Square and Trammel-Crow were both implementing traffic studies and were close to submitting data on their findings for the area. He noted as the area developed, the City would need to monitor the traffic situation and balance the needs of development with the concerns as outlined by Mr. Blcmgren. c. Dr. Gene Davis, 10875 S.W. 89th Avenue, Tigard, Oregon 97223, also testified on Consent Agenda Item No. .7. He asked Council to delay any further action to allow time for more study on several bases. Dr. Davis distributed material to Council which contained a "Notice of Public Hearing" for File No. CPA 89-05/ZC 89-05. He said the description of the land was not the same as what was shown on the map. He then referred to the Notice of Decision (Site Development Review SDR 89-12/ V 89-17/ M 89-11) and advised that Tax Lots 1004 and 2901 (WCIM 1S1 35AB) were not included in the public hearing notice. Dr. Davis then referred to pages he marked as "4" and "5"; he noted the street alignment was not the same as the alignment which was reviewed by Council on May 15, 1989. Hee adviseLandthe ermapvshowwnn on Page 5 was what was submitted today the Development office. (All material referred to in Dr. Davis' testimony has been filed with the packet material for this meeting.) Dr. Davis reviewed his efforts to develop his property and at the same time do a transportation plan which would serve the community. He asked Council to study the transportation plan and address it properly. Dr. Davis advised he had received an offer for purchase of his property from Mariott for construction of a 134 unit motel. If the transportation issues for this area were not addressed, this real estate transaction could fail. He said he did not see how Trammel Crow's proposal would improve the transportation. City Council Minutes - June 12, 1989 - Page 6 Legal Counsel asked if the "Notice" problem was with the document the Council was considering tonight, or was the problem with the hearing that was held May 15? Dr. Davis explained the "Notice" did not describe the same land mass Council considered at their meeting. Legal Counsel advised that this concern would then pertain to Agenda Item No. 8, Final Order - Coxr rehensive Plan Amendment CPA 89-05 & Zone Change ZC 89-05; Crow Oregon, Inc. Sr. Planner Liden clarified the differences in legal descriptions on the documents (notices) presented by Dr. Davis. Several separate issues were being reviewed for this area (i.e., Site Development Review, Comprehensive Plan Amendment, Street Vacation) . He noted the public notice Dr. Davis was referring to was for a different process but related to the total development. Sr. Planner advised proper notice had been given. Community Development Director clarified that Item No. 8 was the proposed Final Order with respect to findings reached by Council on May 15, 1989. The alignment which was shown on the map included with the Final Order would be the alignment to be considered for approval by City Council. In response to a question by Councilor Johnson, Community Development Director advised it would be more logical to request Council to adopt the Final Order first (Item No. 8) and then consider the right-of-way license agreement (Consent Agenda Item No. .7) . Legal Counsel asked Dr. Davis if he had been able to testify at the May 15 hearing? Dr. Davis advised he did testify, but because he did not receive early notification, he was unable to coordinate efforts of property owners to the south of Oak Street (about 50 acres) . These people were not within the 250-foot notification area, so they were not alerted. He advised he was not suggesting anything was done improperly or illegally. Dr. Davis noted another concern with regard to a possible Local Improvement District (LID) . Councilor Johnson clarified that Council was not considering an LID proposal at this time. Rather, the changes to the Comprehensive Plan were being made to protect a street alignment in the future. Dr. Davis reiterated he felt that the Comprehensive Transportation Plan had not been adequately addressed. Community Development Director clarified Council had not received a request, at this point, for LID formation. However, separate from tonight's issue, the Trammel Craw has submitted a site plan. One of the conditions of the site plan was that the developer either participate in an LID or develop two-thirds street improvements. An LID proposal could affect Dr. Davis. City Council Minutes - June 12, 1989 - Page 7 8. ClQNNEIT AGEN A: 8.1 Approve Council Minutes: January 27, 1989, April 24, 1989, May 2, and 9, 1989. 8.2 Receive and File: Council Calendar 8.3 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB): a) Award Bid for North Dakota Shoulder Widening; b) Award Bid for Parking Lot Landscaping, Irrigation Renovation) ; Adjourn LCRB; Reconvene Council Meeting. 8.4 Approve Final Order - Conditional Use CU 89-02 Tigard Assembly of God Church - NPO #3; Resolution No. 89-44. 8.5 Accept City Center Development Plan - Resolution No. 89-45. 8.6 Approve Amendments to Intergovernmental Agreement with Unified Sewerage Agency (Pulled by Council action for future consideration.) 8.7 Approve Right-of-Way Use License Agreement with Trammel Crow Company - S.W. 93rd Avenue and Mapleleaf (Pulled and considered separately by Council -- see Item No. 11) 8.8 Approve Appropriation for Replacement of Damaged Property- Resolution No. 89-46. 8.9 Approve Appointments to the Washington County Transportation Coordinating Committee; Councilor Joe Kasten and City Engineer Randy Wooley (Alternate Representative) City Administrator advised Item .6 would be set over for future review to allow time to for staff to research and respond to questions from Council. Item .3b would be considered during the Non-Agenda and Item .7 would be considered after Council consideration on the Final Order in Agenda Item No. 8. Motion by Councilor Johnson, seconded by Councilor Eadon to adopt the consent agenda with the exception of Item Nos. .6, .3b, and .7 as noted. The motion was approved by a unanimous vote of Council present. 9. PUBLIC BEARING - AMENDMENT TO THE TIGARD MUNICIPAL Cmc ( ), CHAPTER 7.40 (}OISE) a. Public Hearing was opened. b. There were no declarations or challenges. c. Summation by Senior Planner Liden. Because of problems encountered with the Tigard Marketplace Shopping Center, the Council had expressed an interest in revising the existing noise ordinance standards in the TMC. The proposed draft retains the maximum allowable noise level and adds average maximums that vary in accordance with the type of land use affected. Senior Planner Liden reviewed several sections contained in the proposed ordinance. 4(1 City Council Minutes - June 12, 1989 - Page 8 d. Public Testimony: o James A. Hart, 10255 S.W. Hillview Street, Tigard, Oregon 97223 testified he was notified of the proposed ordinance last Thursday. He advised he would like to have more time to review the ordinance and have the opportunity to work with staff. He noted several issues he did not feel were addressed. Mr. Hart requested a delay in Council consideration. o Richard Uphoff, 10225 S.W. Hillview, Tigard, Oregon 97223 noted the concerns of his neighborhood in particular which had been affected by the problems at the Tigard Marketplace. He requested for additional time to allow for citizen input. o Francis Brittain, 10285 S.W. Hillview, Tigard, Oregon, noted concerns with noise problems in residential yards and questioned the method of measurement proposed in the ordinance. Mr. Brittain also noted concerns with testing for noise levels in the lower frequencies. He requested consideration of the ordinance be delayed. e. Recommendation by Ccatanunity Development Director: The ordinance, as proposed, would provide clarity to the existing language. He advised the new language was more restrictive than the Department of Environmental Quality yet was not overly protective. He reviewed the process followed by staff in preparation of the proposed language. He agreed additional concerns were brought forth during the public testimony and rimed Council postpone making a decision on the proposed ordinance. f. After discussion, Council consensus was to postpone consideration of Ordinance No. 89-16; the Public Hearing was continued to July 10, 1989. 10. FILL =ER - COMPREHENSIVE PLAN AMENDMENT CPA 89-05 & ZONE CHANGE 89- 05; CROW GRIMM, INC.; NPO #8 a. ORDINANCE NO. 89-17 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE TWO COMPREHENSIVE PLAN AMENDMENTS AND ZONE CHANGE REQUESTS (Crow-Oregon, Inc.) AND AN AMENDMENT TO THE METZGER PROS COMMUNITY PLAN AND DECLARING AN EMERGENCY (CPA 89-05/ZC 89-05) . b. Motion by Councilor Eadon, seconded by Councilor Johnson, to adopt Ordinance No. 89-17. The motion was passed by a unanimous vote of Council present. City Council Minutes - June 12, 1989 - Page 9 • 11. ICLGHT-OF-WAY USE LICENSE AGREEMENT WITH TRAMIEL CROW Ca4PANY - S.W. 93RD ( AV IUE AND MAPLELEAF (See Consent Agenda Item .7) a. Motion by Councilor Eadon, seconded by Councilor Kasten to approve the right-of-way license agreement with Trammel Crow Company- S.W. 93rd Avenue and Mapleleaf. The motion was approved by a unanimous vote of Council present. 12. PUBLIC BEARING - PUBLIC RIG -WAY VACmTIC N - PORITCN OF SW 66TH AVENUE IN W'P PORTLAND HEIGHTS SUBDIVISION Proposed vacation of a portion of S.W. 66th Avenue within West Portland Heights, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by City Council on March 27, 1989, at the request of Jim and Cora Corliss. a. Public Hearing was continued from the May 8, 1989, City Council meeting. b. Community Development Director reported that staff recommended Council not make any decisions now and continue the public hearing to November 13, 1989, allowing the applicant and Oregon Department of Transportation time to work through certain unresolved issues. c. Motion by Councilor Johnson, seconded by Councilor Eadon, to continue the public hearing to the November 13, 1989, City Council meeting. 417 The motion was approved by a unanimous vote of Council present. 13. NON-AGENDA 13.1 Nomination of Steve Stolze, Mayor of Tualatin, to Serve on the Emergency Medical Services Policy Board a. RESOLUTION NO. 89-47 APPOINTMENT OF STEVE STOT,7,F, MAYOR OF TUALATIN, TO SERVE ON THE WASHINGTON COUNTY EMERGENCY MEDICAL SERVICES POLICY BOARD AS A REPRESENTATIVE OF THE CITY OF TIGARD. b. Motion by Councilor Eadon, second by Councilor Kasten, to approve Resolution No. 89-47. The motion was approved by a unanimous vote of Council present. 13.2 Civic Center Parking Lot Landscape Project (See Consent Agenda Item .3b) a. Community Development Director summarized. He noted the landscaping at the Civic Center has not been completed. Staff prepared a bid package based on a design which had been done City Council Minutes - June 12, 1989 - Page 10 by a landscape architect earlier in the spring. Only one bid was received in the amount of $26,379. Since the City's estimate was only $17,751, it was decided to reduce the scope of work, and go out for bids a second time. This time, the City received two bids: one from Drake's 7 Dee's for $24,975 and one from S and L Landscaping for $17,890. Carmmunity Development Director recommended that the City award the bid to the law bidder. (Council meeting recessed; Local Contract Review Board convened at 9:25 p.m.) (Note Board member Schwartz was absent.) b. Motion by Board member Johnson, seconded by Board member al Kasten, to award the bid for Civic Center Parking Lot LancLscaping to S & L Landscaping in the amount of $17,890. The motion was approved by a unanimous vote of Board members present. 14. P3C0 VL SESSION: The Tigard City Council went into Ekecutive Session under the provisions of ORS 192.660 (1) (a) , (d) , (e) , & (h) to discuss Police Chief selection, labor relations, real property transactions, and current and pending litigation issues. 15. N JCIORN►I1 I]: 10:10 p.m. Approved by the Tigard City Council on July 24, 1989. Ca1A-e-IU)ru 1u Deputy City Recorder ATTEji ' (/(Aditi cw/ccmin612 City Council Minutes - June 12, 1989 - Page 11 5-i-u cl y Y11 Q 2 f-; n TDiSCL.L s; or) La/ )eo� CITY OF IIGARD, OREGON MEMORANDUM TO: Honorable Mayor and City Council FROM: Patrick J. Reilly, City Administrator cf DATE: June 12, 1989 SUBJECT: CHANGES TO MSTIP/2 LIST 1. Beef Bend Road project includes 99W intersection. 2. Bull Mountain Road project will be changed to $500,000 for unspecified safety improvements on Bull Mountain Road; CPO will be able to participate in the project selection. %176 3. $1,500,000 added for improvements to Greenburg Road at Highway 217. 4. $600,000 added as matching funds for bike route projects. 5. Tualatin—Sherwood/Edy Road project was made whole. Improvement of this road helps to divert traffic from Durham Road and from 99W through Tigard. NOTE: In MSTIP/1, it may be possible to use Farmington Road funds to complete Scholls Ferry project. mh9985D I Sh4 d 2)iss Li s-s-, - $NLL Mo+•I�r .-,- A°tiCp- =ssessed'ialue as5cis e-a Lik,.,uEr • aQ foo /ieOiJ / ' = ssessea Valufrigr y[s ex- .4-0... t?4- 7,/.2..OPe x-fif cvalorem Tax 1292.43 A'SSE{sel) ✓p'L--E•-- 5el-r toot :tat Soectat Assessments 153.39 TAX AND USER FEE ' tai Tax ane assessments •1 4 4 5.s 2' DSA TA WORKSHEET' 1445.82 3tscount auoweo* i Pay By Par One at These amount: COST OPTION/SERVICE COST =ULL3%i. 43.37 11'15-88 ' 1402.45 ::3•z% 19.23 114'15•'88 944.60 WASHINGTON •:3•None J 101 5■38 481.94 COUNTY Tmount Paio This Statement (UNINCORPORATED) Total Tax and Assessment (see #2) t44s azi HILLSBORO Total Tax and Assessment (see #2) + City Rate (3.81) #3) - Fire #4) - Street Lighting #4) - Sewer #4) - WITH YOUR PAYMENT Tear Here -Z - Water #4) - ' Assessec value tast Year This Year - Park and Recreation #4) AN 0 22 800 22 800 - Enhanced Sheriff #4 ) �▪ B BUILDING LPING 31500 31600 Total Tax #5) I a EXEMPTION 54400 Net Assesses Value 54300 Tax Rate eau,S1000 20.50 23.75 BEAVERTON Total Tax and Assessment (see #2) S P•opery'axes 126 C. 13 1445.82 + City Rate (4.41) #3) t Current'axes i.eyiec By Tax Rate I Tax Amount - Fire #4) W ASHI4 GT ON CD 2.95 160.58 - Street Lighting #4) TLD, C M COL- .92 5 0.01 - Enhanced Sheriff #4) 0 CF PORT .39 21.25 - Water #4) M L H O SERV DT .34 1 .7 0 Total Tax #5)r- aASH CO ESD • .26 144. 19 SCT DIST 623 14.46 781.53 TIGARD Total Tax and Assessment (see #2) "`*s•8 •' ETZ T IND .02 1.12 UN IF S WT COMB .59 19.50 + City Rate (1.98) #3) ,e'7. 7 UNIF s a 1 AGYFPO .35 19.50 - Street Lighting #4) ENHaSH•1 BFPO 2.62 145.45.8360 - Enhanced Sheriff #4) 45. hH�SHERIFF .84 Total Tax #5) 177.7.7 _ TUALATIN Total Tax and Assessment (see #2) 1292.43 -•:fieri+'ax=ata'S + City Rate (5.23) #3)- Street Lighting #4) si*USAiwSERV 145.80 - Enhanced Sheriff #4) +ATZ P ARK 7.59 Total Tax #5) r `f PORTLAND Total Tax and Assessment (see #2) ' ero Assess - 1445.82 +City Rate(7.42) #3) -.2 axes am I er.;s #4) 7tsacun[AnoweO* ' Pay 3Y ' - Fire _,.L, .3,:_ 43.37 1 11-' 5-30 I Pav One Ot These amours1402•_5 - Street Lighting- #4) • - Park and Recreation #4) E. 19.2 19.25 11•15a 9 8 944.60 _ Sewer #4) Enhanced Sheriff #4)acne 4 811.943 11-15=s 8 _ *gcpp PAYMENT INSTRUCTIONS ON REVERSE Total Tax #5) r- it 4 Once you have completed this worksheet,you will have a general comparison of the dollar casts associated with joining specific cities or staying m unincorporated Washington County. Identified city rates effective through October 1989. ,c,;c:, =s-::-.:=7:5.. SAFETY ON DURHAM ROAD THIS IS A PETITION TO ALLOW US TO TELL OUR CITY COUNCIL THAT .SOMETHING NEEDS TO BE DONE ABOUT THE TRAFFIC AND • PEDESTRIAN CROSSING ON DURHAM ROAD. PLEASE HELP US GET SOMETHING DONE AS SOON AS POSSIBLE BY SIGNING THIS PETITION. THANK YOU. • yATE ,AI; T' i ,ADDRESS ; ' HONE _ ��q , i � / `!S-3o Sw PI r? - 1( E31 -/76• IP / • _ �' ,�4 i /if/7b �Y if) ris 3 _, i,c/Z , ,� � _ iligS r��•y r i%e . l f9 5�a `� .. _4 _e ("1-----'_ q2 2 5te> b` - 9 /�% 9,272 ski rigrftiw G�� 6 y.?6a suJ, 7)k . x.39-9ry c- 2( - ( 9/ .1 J tr/ *40 # (3i. 07 --�/ 078-`3 L,J� 1...�-, i-::4, 5 - e_ 5.:1L-&vim-"'+i t , &.. . 6c/e,:: -�5c�r/ 44{ 'S�a �, ��9 % 93 ,ç SW .3uk i a. P .. 6(Dc3 -/ ,3 , t 1 Afrit j l ' keic.._ r'eemr ,sit) ---.-1-,- � p 5-27 Aq ., , J , . 1,th ,, ,z4a ,�,,1 9 o (�76-3 V/ r 'ZC-el. ' 7114/7( •''t , 1is v?.) 4711 E c/" 1. s s- 26, - y _�,/ . �. j6 s s '-A ed 6' g %" G / 4=-24 -V? G �� a� s<< 2u � L�, y L c��-s �J z ...r- 6- r7 _ 124,44.-t.141 /YJ %90 se cD Ri oe/tu g:to d La> G;aC.00s p =�.4,7-.,-.4. :,,‘ •�FP1.�";sy i .�Mi ;;moi tsib x•••, 7- a. varix•, as v L+ena... VA N. �"v .'.'p5.vt 7�ys.e . h-4,- - `i :�.,y;. •--r :: .. •3 # + taj `�_ psi --,4--.,` c.r p ..0,_‘_._.__.:4., , • CijF! v a qy ate. !.??,'-;/,':,,:i ii i- . a -; ( to its ;j� �.� :--"�1 �� 0-..--..4w----... ,� v • ''''''''''-1).,---\'.,,,.;'. . SAFETY ON DURHAM ROAD v„,.......-A:,, R.--- ....;,;-__-_ ,, C THIS IS A PETITION TO ALLOW US TO TELL OUR CITY COUNCIL THAT SOMETHING NEEDS TO BE DONE ABOUT THE TRAFFIC AND PEDESTRIAN CROSSING ON DURHAM ROAD. PLEASE HELP US GET SOMETHING DONE AS SOON AS POSSIBLE BY SIGNING THIS PETITION. THANK YOU. / , ice:,. ,> DATE 1 SAME ,• PHONE -1• I� L 7` e _ SCO C? G ' uafr , & 'Z-c- S-Y y� � - L�, , ., - � • J ' / , - 2 A / e . MOM (I a, On , �- - - G� _ms s - i 9 , , c� ,,,r(_,C-Ee_.. 9835 / . -f-. . I _,•c- ria v ::n ..a• .�.c L oil'i-r5 Vie_ _ ::;,:,141:,•%(". ..;,","t;� ; I.a '2.1: 1 .;.-.i..1 +xe 4.:t.,".,ii`. i :; M \ .si.4:.e ' 4 7_ '"-It''----72:112 • 1 1 ..\\ � SAFETY ON DURHAM ROAD • THIS IS A PETITION TO ALLOW US TO TELL OUR CITY COUNCIL THAT SOMETHING NEEDS TO BE DONE ABOUT THE TRAFFIC AND PEDESTRIAN CROSSING ON DURHAM ROAD. pLEASE HELP US GET SOMETHING DONE AS SOON AS POSSIBLE BY SIGNING THIS PETITION. THANK YOU. BATE NAME ADDRESS PHONE S2 ib36S V4c ., • • ,716,"A'', ' 3A - 33 r- y. t:-�..r631- t�� G)-3 5w LaOdrd crQsr-4 G^eU / a. �i (�/�G! / b • ...,/ .4.-.4.1 _.....,/_.,... /p W /Ai 5 2 i - L;-(-- ; . /f - _ ��i• , /.5 44,1�� - 615 GcJ '� ►l a r'' .L 0 2 o-.13- , Atiiiiiiiim • o?,r 2 �' r//I/_.— � & 3sc GO SV6v ' INI 4,7-CS 0 —( HCl/ :ir...-._,AFINIIIIM, lAtr,_ML_IML_:.. . . 3-76 � �l� cx 2 s� s'`f, i 7e-••'.'"_., . 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YortAr4.45— t ...,44,_...... .....)....-.,4-,,-.: , , , c-,____ _ __. \/mow`[\��/�\/\ ,�•:.r,., SAFETY ON DURHAM ROAD u HIS IS A PETITION TO ALLOW Lis TO TELL Vs OUR CITY COUNCIL THAT SOMETHING NEEDS TO BE DONE ABOUT THE TRAFFIC AND PEDESTRIAN CROSSING ON DURHAM ROAD. •LEASE HELP US' GET SOMETHING DONE AS SOON AS POSSIBLE BY SIGNING THIS PETITION. THANI( YOU. BATE NAME ADDRESS PHONE HONE r 4 5 - � � ! f *� _4 743'5 '.11.), _1,,r,t.efV- 7.44-. bu �c4 �vI A _-r=",rte-•-`- -- --.1. • <��` z a�„;�_� Pt/m '/rs` �t�r �;err .µa/`>*3 ov 44a' `_ .ilu;rr�a�kri��'rr rI 5111 N r a iia. ...0, 41.0,4411:A:‘, r M, a n • wax M lil Pr ,, T --:14- r ,. . K ^,twy. a' —'�_ .lea^,.q0.,.:•:$ y _■ T� - 'Cr . 1). `i--.T. kk SIHi�I [a� �r -:j1 � +i C. 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Vic?% iii � i i , . , -/' rai4-71._a,A__. ' . ��'/ C- —_ ,. . f' '.... l ;:`-7/-) c,,- ,C"\--/q__C/JC,L' / . c4C-C---/7_ ., t_ -C. --TLC' • , /1 q ; : ire. Q 9.4-4--4:sediaLi a�e_A('t s `, ,. tllS C 'i PI ( -61,11 \1 gitieXa= : 7 fp ,.!,„./...,., . ; ,,, .,, .,-.74-7 ...fr;,....).1 0.,.. .,.t.._ i 1:1-AZ-'6-1 ./;(-....54 '"% f iL uul' — . 4, I ,, - -'ccs Dr.' _ v , i.!• ., 1 ca.) --.(74,,,,A,.. 5._;;;),..,. ...,.._ ' : _ . ....._ . 75 AAA-- (4.414„(46,, �" 1 t-E K F rte..4,i . it) L kt5 i'_t, ... .. Y ,� ,-..c...... fi e.,_ ,; . c ' r-\ f1 E uta , 1, .-c1- 17'P t. C f ('S .1-I` lLLG. - i-1{/`{',4-4.,�'� `- I AGENDA ITEM N ..J VISITOR'S AGENDA" DATE'• C (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 Administrator prior to the start of the meeting. Thank you. N•PIE & ADDRESS TOPIC STAFF CONTACTED r , - Jar 40/74:::,,--.• `• 0/0-B_ S,6J 7 C -e_ r' la.- 494 -414" „no it , kms,' f_-11.eke Dur1,e.., Rd. RarZc/y, 0001 ey iiro� 'O d N ..J_: LoYyl G n�IV q3 R /VA./l1e:a f .__/ - -e _ AJ s 23i J "— - • ' A ,,. Anh :i.A 4 \ar•- e DATE 6/12/89 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: Agenda-;Item`No. 7 ='Public Hearing - Amendment to ..the-Tigard'Municipal Code Chapter 7.40 (Noise) ******************************************************************************* Proponent (For Issue) Opponent (Against Issue) ******************************************************************************* Name, Address and Affiliation Name, Address and Affiliation sio nmPIAVP' 1 j14 T'.S• 4. 171:: - 0-2 (11.. /1,1/L-1/1-01/ C=c-!z--G rrL ' l (! • • C J CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ,- AGENDA OF: June 12, 1989 DATE SUBMITTED: May 17, 1989 ISSUE/AGENDA TITLE: Keys to the . / PREVIOUS ACTION: None City ;/1/ / PREPARED BY: Marcha K. Hunt DEPT HEAD OK CITY ADMIN Or REQUESTED BY: PO ICY ISSUE The City of Tigard recognizes its volunteers as keys to excellence. INFORMATION SUMMARY The Congressional Award is the only award the Congress of the United States presents to youth ages 14 through 23 in recognition of their voluntary public service and personal excellence. The award can be earned in conjunction with activities in youth or community organizations, or independently. The Oregon • Congressional Award Council, consisting of adult volunteers appointed by Members of Congress, administers the award program in the State of Oregon and approves all award applications. Requirements to earn an award are: Bronze: Recipient is at least 14 years old and not yet 17; has completed 200 activity hours (100 hours voluntary public service, 50 hours personal development, 50 hours physical fitness/expeditions) . Silver: Recipient is at least 17 years old and not yet 20; has completed 400 activity hours (200 hours voluntary public service, 100 hours personal development, 100 hours physical fitness/expeditions) . Gold: Recipient is at least 20 years old and not yet 24; has completed 800 activity hours (400 hours voluntary public service, 200 hours personal development, 200 hours physical fitness/expeditions). ALTERNATIVES CONSIDEREDyy ` 1. Award Keys to the City to the following award recipients: Shannon Kasten -• Bronze Award; James Worley - Gold Award 2. Deny the request. FISCAL IMPACT None. SUGGESTED ACTION Award Keys to the City to Shannon Kasten and James Worley. mh9859D CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 12, 1989 DATE SUBMITTED: May 31, 1989 f ISSUE/AGENDA TITLE: Proclamation PREVIOUS ACTION: None Pause for the Pledge of Allegianc _ PREPARED BY: Marcha K. Hunt DEPT HEAD OK CITY ADMIN 0 fr REQUESTED BY: POLICY ISSUE Should the City of Tigard participate in the concept of a national Pause for the Pledge of Allegiance on National Flag Day, June 14, 1989? INFORMATION SUMMARY The 99th Congress passed, and President Reagan signed on June 20, 1985, Public Law 99-54 recognizing the Pause for the Pledge of Allegiance as part of National Flag Day ceremonies. In 1987, Mrs. Nancy Reagan became Honorary Chairman of the National Pause for the Pledge of Allegiance program. The idea of the annual Pause for the Pledge of Allegiance originated in 1980 at The Star—Spangled Banner Flag House in Baltimore, Maryland. Since then, the concept has swept across the country in a grassroots movement supported by a broad spectrum of individuals, organizations and businesses. Appropriate local Flag Day ceremonies of many kinds are held in every state in conjunction with the National Pause for the Pledge of Allegiance ceremony at Fort McHenry. Governors and Mayors across the country have joined in this National program each year. Americans everywhere will pause for a moment on June 14, 1989 at 7:00 pm (EDT), 4:00 pm (PDT), to say simultaneously the thirty—one words of the Pledge of Allegiance to the Flag. The effect of this simple ceremony each year is a stimulating patriotic experience at home and a sign of unity abroad. This concept transcends age, race, religion, national origin and geographic differences. ALTERNATIVES CONSIDERED 1. Initiate a special Flag Day ceremony on June 14, 19898 and proclaim 7:00 pm (EDT) as a special time to pause for the Pledge of Allegiance with Americans across the Nation. 2. Deny the request. FISCAL IMPACT None. SUGGESTED ACTION Approve the request. mh9932D I i.. 1. '.Tr•-..„.J • eai"y •if., r. w1;1,,r. ,41:r,..' ,- .r . -,�„o,:r. ..... 6 c ) .. Fees. .; LIQ 16 0 ` /l•.,.� ��.2 :4110 i I�? 2 ;;;,,,,,,\Y% '% til NATIONAL FLAG DAY f < r June 14, 1989 �`J\'�.;i i:iig - - Biu_ ft " �igie* WHEREAS, by Act of the Congress of the United States ,•3^� 9188=�_ 1. _� dated June 14, 1777, the first official flag of the United r2�-, � •. States was adopted; and ) t::0'Se. 1 ,":a aY. WHEREAS, by Act of Congress dated August 3, 1949, June 14 f1.11'.7,-.` z�..—;� of each year was designated "National Flag Day”; and{a'UI!11:ti =v (p WHEREAS, the Congress has requested the President to .?_rgc - issue annually a proclamation designating the week in which r„ '9ijr June 14 occurs as National Flag Week; and �� = �y � F it,- WHEREAS, on December 8, 1982 the National Flag Day �1 ' -' •- vv - P3iit _i I.- :.--a N.... Foundation was chartered to conduct educational programs and to , encourage all Americans to PAUSE FOR THE PLEDGE of Allegiance Y,.. rep,, as part of National Flag Day ceremonies; and ',.. .r...44.7- , ; r �y1rr WHEREAS, the President of the United States at the .,b� 5. ,�ss" National Ceremony held in Baltimore, Maryland on June 14, 1985, ` ' -%i: yC, a led the Pledge of Allegiance; and �� ' — -"":,,a;•" ,+. ,, a WHEREAS, the year 1989 will be dedicated to the lL��,rF: . . commemoration of the Bicentennial of the United States *11012 �-;I „{^;; Congress; and __ WHEREAS, Flag Day celebrates our nation's symbol of .-i„.:-,•;-, unity, a democracy in a republic, and stands for our country's _=,.......„....„. devotion to freedom, to the rule of all, and to equal rights ± for all. , „yupn.r#`i ^ Tri : NOW, THEREFORE I, Gerald R. Edwards, do hereby proclaim ' _ 411 June 14, 1989 as Flag Day in the City of Tigard and urge all -1'.:-,'-.' �- }: citizens of Tigard to pause at 7:00 PM EDT on this date for the d�. :?� tenth annual PAUSE FOR THE PLEDGE and recite with all Americans I. ri L the Pledge of Allegiance to our Flag and Nation. S,1:,_ , ; Gerald R. Edwards, Mayor ` 1i City of Tigard Attest: , r3 -37:'--:-;..4 C��1\-' ( lff',e tW1�- is q 'S� 7'r..,' \ : , 1 . Deputy City Recorder ( `k( 'i , ti 4,(r;;,I, • .. “ re- r � � Date >.\�� + ��j J 4( V s, a "`- __69/l2Ay • ,04. t2a--(-)i S Al , • (=i 'oF TIGARD v:. r.., OREGON i4 r4,': iy _.: is N O T I C il.„i. E O F P U B L PUBLIC HEARING t EARING : NOTICE IS HEREBY t� GIVEN THAT THE TIGARD CITY COUNCIL, AT ITS MEETING ON MONDAY, r• May 15, 1989 , AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: i • FILE NO: CPA 89-05/ZC 89-05 NPO # 8 j Y FILE TITLE: Crow Oregon, Inc. • , - APPLICANT: Crow-Oregon, Inc. OWNER: several • 10260 SW Greenburg Rd. Tigard, OR 97233 REQUEST: COMPREHENSIVE PLAN AMENDMENT CPA 89-05 & ZONE CHANGE ZC 89-05 CROW OREGON, INC. NPO t 8 A request for a Comprehensive Plan Amendment from Low Density Residential to Professional Commercial and a Zone . Change from R-4.5 (Residential, 4.5 units/acre) to C-P (Professional Commercial) for 9 parcels totalling approximately 1.84 acres. Also . requested is an amendment to the •Metzger-Progress Community Plan to • revise the alignment of Lincoln Street. LOCATION: 9220, 9260, 9330 Locust; 10175 92nd; 9225, 9255 Mapleleaf of 801S1 900, 35AB, tax lots 700, 701, 702, 500, 501, 600, parts and 1002) .. (See Map On Reverse Side) THE PUBLIC HEARING ON THIS MATTER WILL BE CONDU(:rrt) IN ACCORDANCE WITH THE ..!...i' ;. RULES_OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF , ,,' ...... PROCEDURE SET FORTH IN CHAPTER 18.30. ANY MAYBE SQ IPONS ITTED Z NG INTEREST WRITING TO BE ;t MATTER MAY ATTEND AND BE HEARD, OR ENTERED INTO THE RECORD. FOR .FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR PLANNING DEPARTMENT AT 639-4171, TIGARD CITY HALL, 13125 SW HALL BLVD., TIGARD, OREGON 97223. b 1m/CPA89-05.BRM 13125 SW Hall Blvd.,RO.Box 23397,Tigard,Oregon 97223 (503)639-4171 �� . •r1 . .r. i �`�` e.�cw rnc.o • INV ri yd .'I . ^ it on p • 1 , - .' , b • i psi 10 1 ' K•tE , .`� it �tO.00r..,ur I ^1111] - � X111 • . • ~+ f.... 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I( i ' I` -\' ( La CI , r L41 • II I . 1i • i CITY OF TIGARD ' NOTICE OF DECISION . t? • SITE DEVELOPMENT REVIEW SDR 89-12/V 89-17/M 89-11 -� TRAM?'SEL CROW CO. i . :4..: .81.1' APPLICATION: A request by Trammel Crow Company for Site Development Review ,gym approval to construct a 120,750 square foot, seven-story office building and ar , two-story parking structure on a 4.84 acre site presently zoned C-P (Commercial 'Professional). Also requested is a Variance approval to the building heightPr„ requirement in the C-P zone which is normally 45 feet and approval of a Lot ?•%. Line _adjustment to adjust two parcels measuring 30,056 and 110,642 square feet `' '' 1. into two parcels of 23,868 and 116,830 square feet. This request also proposes '4P;; to change the alignment of SW 93rd Avenue (SW Lincoln Street). Finally, the ' applicant has requested Variance approvals to reduce the parking apace width y from 9 to 8 feet wide and to allow up to 45 percent of all parking spaces to be designated as compact spaces. Location: 10200 SW Greenburg Road (WCTM 151 35AB,, . .,`: '::~.s,a'f lots 1002, 1004, 900, 500, 501, 600, 700, 701, 702 and portions 'of lot 2800 and , '` i• .` �r- 2901). 2. DECISION: Notice is hereby' given that the Planning Director's designee for the ;' It . City Tigard Ti and has APPROVED the above requests subject tc certain conditions. F The findings and conclusions on which the decision was based are ,noted below. tFy,' A. FINDING OF FACT , •1. Background Ytr The subject properties were annexed to the City of Tigard in .ate .4i ' April, 1987. Prior to the annexation, two land use appl._cations :,i;-- (Comprehensive Plan Amendment, Special Use Permit) were filed with Washington County. Also, it was agreed at that time between the City and County that all applications in process at the County would continue even•if the final decision occurred after annexation. ' A Comprehensive Plan Amendment and Zone Change (Case No. 87-73-M) to change the land use designation. from R-5 (Residential, 5 units/acre) 1. and Institutional to 0-C (Office Commercial) on parcels located immediately north of Oak Street and west of Lincoln Street extension was approved by the Board of Commissioners on May 19, 1987. - 2-SU was F#`,' A Special Use Permit for a parking lot (Case No. 87 22 ) ;., granted by the County on May 13, 1987, for four. residentially zoned parcels located at the southwest corner of Locust Street and 93rd Avenue. The residences on these properties were removed and a parking • area was developed. The conditions of approval imposed by•the county. : `• ., ,' remain • in effect. Alsosince this property has been annexed and the : ,i, 7,S,„ City does no allow commercial parking lots in residential zones, this % r'1,;.%: -:� , portion of the Lincoln Center parking lot is a nonconforming use. . On May 18, 1987, the Tigard City Council approved the rezoning of the 4, .: IL NOTICE OF DECISION - TRAMMEL CROW CO (SDR 89-12/V 89-17/X 89-11) PAGE 1 A • . . . . • • 1 . ... cc'. LU i • • Z i t 0 i 0 11 1YII.N3In4) .*. LLJ t ._...... ...... : ... (....) __I u • 1.!—"'" < z 0 ,..,:. ', .. t --------.------- CI- = (21 • U...1 LIJ < .,_ ._ • ii Lil Lt... i- t( f i Iti i ! <C", • /1/b , rs• 3,,, 4;1 Fitiocrio TV,"). • -v/1 (---1 f, II 41 ss ss ..' • 1 (.-. ._...... 11 e • ./. . IK/...t.J n i, ..,:f. x-- G- • 1 'I 1;___F.-.:. ,„„„_,..., . • -3 1 I, t i L. . ! • t ,.. ______.__.i. r ...T,77, ,.. , tx. 2 i .v / C. . .........2:27, — •—; 0-1---------- .1 •-•-•4 , 1 • ,`Zt - .. . / } r. 7 „_- z —...... • :,... ,.%., ‹. -------7E c..) . '7 (...) Z LE _...: 0 z - nN /7,-- :11 \ . • - ; k • , (...) _ . . 1 • ( z . c•,, s, ) ‘A : -•4-,) . t 0 , , r; , '/--- L-__ '-':-,,•__1..... , , . - , 1 .- - - • -.. ••••••••• ••111M............... .................oro........... .... .•. • ••...... .. . . . I Exhibit A • : i.::: LOCUST STREET IV 11 ili 0 1 f 1 1 If, • k" - : 1 •'' • .-11 I . 60' ROW 44' STREET i . 30'R 1.7.! 100'R — • . p . • 34' STREET MAP LELEAF 100'R 0 SO' R . • /- U-1 NEW ROW UNE , !'. .__) . OW ROw UNE Z ' LU i F. > 4 i <C 0 1 i to . , • - • 1 . ...............................................................r......................... 1 I C• . TRAM M ELL CROW ! \ '93RD REALIGNMENT 6, / TIGARD CITY COU N C I L SPECIAL MEETING MINUTES — JANUARY 27, 1989 — 7:35 PM 1 . ROLL CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn Eadon, Valerie Johnson, Joe Kasten, and John Schwartz; City Staff: Pat Reilly, City Administrator; David Lehr, Chief of Police; Jill Monley, Community Services Director; Ed Murphy, Community Development Director; Tim Ramis, Legal Counsel; Marcha Hunt, Executive Secretary; and George Anne Miller, Assistant Librarian. 2. GOAL SETTING SESSION Mayor Jerry Edwards called the meeting to order at 7:35 PM. Pat Reilly presented the format for Council goals discussion. Department Heads or their representatives presented discussion on the following topics. a. Ed Murphy Identity To create a stronger sense of identity for Tigard b. Jill Monley Community Relations To strengthen the quality of information exchange with our residents c. David Lehr Quality of Life To maintain high quality, comfortable, safe living environment d. George Anne Miller Facility Planning To conserve and build on the foundation we have, plan for the improvement and expansion of our land and building facilities to meet the growing needs of community e. Jill Monley Services To improve quality and level of services to our citizens f. David Lehr Regional/State To take a leadership role in forming external partnerships that will enhance the well being of our community. g. George Anne Miller Economic Development To maintain the economic health and vitality of the community and clarify the City's role in and attitute toward economic development h. Ed Murphy Organization To develop and maintain a positive corporate culture Page 1 — COUNCIL SPECIAL MEETING MINUTES — JANUARY 27, 1989 ;5� 3. COMMENTS: by Council. i A. ADJOURNMENT: 10:08 PM. Approved by the Tigard City Council on June 12, 1989. Marc hunt; Executive Secretary ATTEST C ,, ,; � � Mayor — City o Tigard mh/9865D Page 2 — COUNCIL SSPECIAL MEETING MINUTES — JANUARY 27, 1989 &a / TIGARD CITY COUNCIL REGULAR MEETING MINUTES - MAY 2, 1989, 1989 - 6:30 P.M. 1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn Eadon, Valerie Johnson, Joe Kasten, and John Schwartz; City Staff: Pat Reilly, City Administrator; Ed Murphy, Community Development Director; Liz Newton, Senior Planner; and Catherine Wheatley, Deputy City Recorder. 2. NON-AGENDA: There was none. 3. CITY CENTER DEVELOPMENT DISCUSSION: a. Mayor reported he and Councilor Johnson met with the Chamber of Commerce Board concerning City Council's position on the City Center Development Plan. He advised that since Council had voted to delay the ballot measure issue from May to November, the Chamber of Commerce Board expressed concern over whether Council was united in their support for the urban renewal effort. Mayor advised he and Councilor Johnson explained to the Chamber Board that the Council was delaying the election issue in order allow more time for the Council to educate the public on the urban renewal idea, explain the plan, and provide more finite information concerning downtown projects. Mayor had noted the City Council was united in support of the downtown development; however, there were some philosophical differences on certain projects in the City. b. Mayor suggested Council now spend time developing a tentative timeline to structure the public information process. Council discussion followed concerning individuals throughout the community who might want to be involved in the educational process. Council consensus was to select a limited number of individuals from the downtown and surrounding areas. Mayor indicated he felt there was a great deal of support for the Community Development Plan; however, a good job in educating the general public would be necessary in order to be successful on this issue. c. Councilor Johnson reported that she met with two of the downtown businessmen who noted the following specific problems their constituents had with the Development Plan: 1. Despite the number of public meetings which had been held with the City Center Plan Task Force, the downtown business people had not been involved on a large scale with the Development Plan. Efforts would be needed to get a larger number of the downtown people to review the Plan and make suggestions. 2. The unanswered questions with regard to projects and how they would affect individual businesses would need to be specified. Page 1 - COUNCIL MINUTES - MAY 2, 1989 J • Council spent time discussing how specific they could be in answering business owners' questions. It was noted that Council could identify projects and estimate what the changes necessary in a specific area to accommodate a certain road alignment, public facility, etc. It was noted that an attempt should be made to be as specific as possible. Also, it was noted that it should be communicated to the downtown business owners if it was necessary to condemn property for purchase by the City because of a Development Plan project, then the formula for payment for this property would be made available. It was noted that fair market value would be used to determine the amount offered for property purchase. d. Council spent time listing names of individuals who had expressed an interest in the City Center Development Plan. It was noted that NPO Chairs and the Library, Park, Planning Commission should all become involved in the educational process. e. Counselor Kasten noted that there were two primary concerns for the downtown people: 1. How would the zoning affect the business? 2. Where were the transportation routes going to be? Those two major issues needed to be addressed early in the process before the educational process could be used effectively. f. Staff assistance was discussed. City Administrator advised there were several projects requiring staff time presently. After brief discussion, City Administrator advised staff would be able to prepare handout material for the educational meetings. g. Councilor Johnson suggested Council also look at "tightening up" of wording so the Plan's framework could not be significantly altered in future years. This should be done in order to give downtown business owners some of the assurances they were seeking. Councilor Johnson identified three major issues upon which the Council should reach consensus in the near future: 1. Relocation policy 2. Land Use 3. Future description of projects. h. It was determined that Council should meet again to set a more specific timeframe -- staff would draft a timeline schedule for Council review. Staff would also devise a handout explaining tax increment financing and in as simple of terms as possible. Councilor Johnson also suggested that a wall chart or other visual aids would be desirable. Also discussed was the need for an outline of issues which need to be addressed with regard to both land use and the relocation policy. Page 2 - COUNCIL MINUTES - MAY 2, 1989 Councilor Kasten noted that before implementation of the education process, Council should be fairly specific on projects. He said they should mature the concept into a definitive plan but also note that input from others could alter the Plan. He said unless this was done first, he felt the business owners would not separate the two issues; that is, the concept of tax increment financing and project implementation. i. Council consensus was to meet again on May 9 at 5:30 p.m. to review the material which staff would prepare concerning timelines. 3. ADJOURNMENT: 6:45 p.m. Approved by the Tigard City Council on June 12, 1989. atZ-101-4,4-;&i 6) Deputy Recorder - Cit of Tig d ATTEST: ayor - C of Tigard CW/9786D Page 3 - COUNCIL MINUTES - MAY 2, 1989 62 I T I G ARD CITY COUNCIL SPECIAL MEETING MINUTES - MAY 9, 1989 - 5:30 P.M. r- 1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn Eadon, Valerie Johnson, and Joe Kasten; City Staff: Pat Reilly, City Administrator; Ed Murphy, Community Development Director; Liz Newton, Senior Planner; and Catherine Wheatley, Deputy City Recorder. 2. NON-AGENDA ITEMS a. Council briefly discussed with Community Development Director a 192-unit apartment which will be developed outside the Tigard City limits (near Tualatin River, lying east of Pacific Highway) . This property was within Tigard's Active Area of Interest. Concern was expressed with the development process; perhaps, it should be changed so more input could be given by Tigard for the Active Area of Interest. Also discussed was the impact these developments cause to Tigard with no collection of fees; i.e. , Parks SDC (192 units x $150/unit would have meant total fees collected in the amount of $28,800) . Other fees not collected were for contributions to storm drainage and streets. 3. CITY CENTER DEVELOPMENT DISCUSSION a. Senior Planner Newton distributed an agenda for the areas she would be reviewing with Council. Timeframe - Senior Planner reviewed the City Center Development Plan Deadlines handout with Council. She noted Council would not have until November for the process as the ballot title must be finalized and approved by Council on September 25, 1989 and then submitted to Washington County Elections by October 4, 1989. Items to be Completed by November - Senior Planner Newton reviewed a handout noting "Key Items - City Center Development Plan - Target - November." The Development Plan would be reprinted incorporating the additions and deletions per Council consensus. After discussion, it was decided Council would review the additions and deletions on May 16, 1989, at a Special Council Meeting. Discussion followed on the transportation issues. It was suggested that Wayne Kittleson, Traffic Engineer who worked on the Traffic Plan, meet with Council to review the rationale behind the Traffic Plan to assist them in their educational meetings with residents. Council discussed the importance of clarifying projects and potential impacts to individual property owners. Staff will draft a relocation policy for Council review. Councilor Johnson suggested negotiable items be noted; i.e. , cost for relocation, etc. Page 1 - COUNCIL MINUTES - MAY 9, 1989 Senior Planner Newton suggested the relocation policy and procedures should be contained in a separate document. Mayor noted he would like to be as specific as possible when identifying projects, the impact to surrounding businesses, and the procedures to be followed if land was to be acquired. Council consensus was it was crucial to the acceptance of the Plan by the downtown property owners to be as specific as possible. The entire plan should be available for review; i.e. , which properties were likely to be needed, how the property would be paid for, and how the businesses would be relocated. After discussion, Council consensus was to request staff to prepare a draft outline of the relocation policy and procedures for review at a special Council meeting on May 23, 1989. Councilor Johnson suggested the outline would be beneficial for Council to have something to work from. Mayor noted relocation policy for non-conforming use businesses should be developed. Discussion followed with emphasis on listing those things which would follow a prescribed formula (i.e. , determining payment for land/buildings) and those items which would be negotiable (i.e. , costs for lost business due to relocation). Land Use - Senior Planner noted concerns with use-types in the City Center for both permitted and conditional uses. Yet to be determined were those uses which would be allowed to stay and those which would be either conditioned or relocated. She noted, in addition to non-conforming uses, non-conforming situations (primarily in parking and landscaping requirements) now exist in the downtown. Criteria for these situations would also need to be set. Senior Planner discussed design requirements noting new businesses may represent a non-conforming use, but their building type may not be what was envisioned for the downtown. She noted the problem with developing design standards was the amount of time it would take. Lengthy discussion followed concerning current businesses and their need to know whether their business was deemed to be conforming and, if not, what would happen to them. The following ideas were brought out: o Development of a list of the most commonly asked questions concerning downtown development and reaching consensus on the answers to those questions. This would serve as a foundation upon which to develop policies and procedures for land use, relocation, etc. o If a business is determined to be non-conforming, development of a policy answering the following questions: What would this mean to property owners if they want to expand their business? Page 2 - COUNCIL MINUTES - MAY 9, 1989 If allowed to expand, what types of conditions would be required, if any? (Examples: conditions on landscaping and/or buffering requirements.) Community Development Director noted a concern that the urban renewal issues would get lost if land issues were concentrated on very extensively. After discussion, Council consensus was that land use issues must be addressed in order for the business owners to feel comfortable in moving forward to look at the concept of urban renewal. City Administrator noted policies would be subject to change over time by future Councils. Council discussed the possibility of including the policy and procedures for land use in the ordinance thereby making it necessary to go to the voters in order to make changes. The pros and cons of such action was discussed briefly. Staff will prepare a schedule of informational meetings. Senior Planner reviewed additionaal handout material including a pamphlet describing tax increment financing. 4. ADJOURNMENT: 6:55 p.m. Approved by the Tigard City Council on June 12, 1989. eCa;4-el ; Deputy Recorder - City of T and P Y ATTEST,: Mayor - y of Tigard CW/9954D Page 3 - COUNCIL MINUTES - MAY 9, 1989 • r • Cn, / TIGARD CITY COUNCIL MEETING MINUTES - APRIL 24, 1989 - 6:30 P.M. 1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn Eadon, Valerie Johnson, Joe Kasten, and John Schwartz (arrived at 6:36 p.m.); City Staff: Pat Reilly, City Administrator; Senior Planner; Keith Liden, Senior Planner; Liz Newton, Senior Planner (for Study Session only) , Tim Ramis, City Attorney; Catherine Wheatley, Deputy City Recorder; and Randy Wooley, City Engineer . 2. ST.'DY SESSION: a. Councilor Johnson advised Gordon Hovies, a Tigard resident, had contacted her regarding the University of Oregon Spring Scrimmage to be held at Tigard High School. He advised he was concerned about the potential large spectator crowd attending the event. He thought that as many as 15,000 to 16,000 people may attend. He questioned who would be responsible for crowd control. Council discussion followed. (Councilor Schwartz arrived at 6:36 p.m.) Mayor Edwards advised the event would be on School District property; therefore, the City would have no direct control. The City would prefer to meet with sponsors of such events to answer questions like those raised by Mr. Hovies. City Administrator advised he would be meeting with the sponsors and School District officials regarding this event and would advise them of City concerns. Mayor advised he felt if additional police manpower was needed for large events, the City should be reimbursed for extra expense. b. Councilor Johnson distributed copies of proposed House Bill 3398 sponsored by State Representative Tom Brian. This House Bill, "Authorizes urban renewal agency, with approval of municipality, to release part of its tax increment to taxing units within which it was located for purposes of reducing tax rates of those taxing units." Discussion followed. Councilor Johnson noted the Beaverton City Council voted to support this proposed legislation; however, the League of Oregon Cities may not be willing to endorse the Bill at this time. Council consensus was to review the Bill and consider a Resolution of Approval on May 8, 1989. c. Agenda Review: o It was noted that Consent Item .3 consisted of projects related to the Transportation Safety Bond. Councilor Schwartz would mention this during the business meeting. City Council Meeting Minutes - April 24, 1989, Page 1 o City Engineer updated Council on Consent Agenda Item .5, Endorse Recommendations on Scholls Ferry Road Project. City Engineer introduced Mark Beeson, Project Coordinator, from the Oregon Department of Transportation. Mr. Beeson outlined the project phasing. He advised the Fanno Creek bridge work would be done during the second phase. d. Councilor Eadon advised she was concerned direction may have been unclear when Council last met with the Park Board concerning the park levy ballot measure. Senior Planner Newton updated Council on the efforts by the Park Board. After the December 5, 1988, Park Board/Council meeting, the Park Board's understanding was that they were to determine how much community interest there was for a park improvement levy. The Park Board has had community meetings with several groups during which the Master Parks Plan was reviewed. Senior Planner Newton noted during these meetings, people were not asking for any of the projects to be dropped from the Master Parks Plan; rather, they suggested reprioritization of specific projects. She advised that of the three options (Plans A, B, and C) , there appeared to be more support for Plans B and C. (Note: See Council packet material for outline of the Tigard Park Levy Options, Plans A, B and C.) The Park Board has been attempting to get a sense of the funding levels people would support as well as which projects would be preferred. Then, the Park Board planned to develop a project list and dollar amount for Council // review for consideration as a park levy election issue. t _ After lengthy discussion, Council consensus was to support a levy proposal consisting of a project list which would cost taxpayers no more than 20 cents per thousand of assessed value per year for five years. Council direction was the Park Board should prepare a prioritized list within the 20-cent cost ceiling for Council review. After discussion, it was consensus that Council would reserve the option of reprioritizing some of the projects; however the 20-cent funding level commitment would remain constant. 3. NON-AGENDA ITEMS: a. Mayor Edwards advised the City of Tigard's bond rating was recently raised to "A-1." (This was the same rating as the Cities of Beaverton and Lake Oswego.) Mayor reported that through the efforts of the Government Finance Officers' Association, representatives from Moody Company of New York met with him, the City Administrator, the Finance Director, and Tigard businessman, Todd Mains, at the Tigard Civic Center for a two-day presentation. Mayor said this better rating would mean a savings of approximately $100,000 on the $8.5 million Transportation Safety Road Bond. This will also be very helpful for future endeavors. City Council Meeting Minutes - April 24, 1989, Page 2 b. Mayor advised bids for the Transportation Safety Improvement Bonds would be opened on Wednesday, April 26, 1989, at 10:00 a.m. A City Council (Local Contract Review Board) meeting has been scheduled for Wednesday April 26, 1989 at 12:00 p.m. for bid award. 4. VISITORS AGENDA: a. Bob Larsell, 12040 SW North Dakota, Tigard, Oregon noted concerns with the proposed construction to 121st Avenue. Mr. Larsell said residents' questions were not answered completely or directly at a recent neighborhood meeting. He stated he had felt intimidated by City Staff and the consultants for the project. Mr. Larsell read through a list of questions concerning the project. (Note: This list has been filed with Council packet material.) He advised the proposed changes were a waste of taxpayers' money. Staff was directed to review Mr. Larsell's concerns and follow-up with a report to Council. b. John Smets, 6830 S.W. Bonita Road, Tigard, Oregon, requested Council consider the removal of Consent Agenda Item No. .2 (Authorize Preparation of Preliminary Engineer's Report for the Proposed PacTrust Local Improvement District) . Mayor explained that Council, at their last meeting, had tabled the subject agenda item to this date for consideration. Mayor advised that authorization of the preliminary engineering report would not obligate PacTrust or the City to form a Local Improvement District. The report would be utilized to help determine whether local improvement district formation would be feasible. (Mr. Smets submitted written comments on the proposed Local Improvement District; this document has been filed with the Council packet material.) 5. KEYS TO THE CITY - CITY CENTER PLAN TASK FORCE: a. Mayor Edwards advised Council wished to recognize those persons who had worked long and hard on the City Center Plan Task Force. The following individuals were presented with Keys to the City: Stuart Cohen Pam Juarez R. Michael Marr Richard Morley (Pam Juarez was not present; her Key to the City would be forwarded.) Mayor Edwards noted the City appreciated the service of these individuals and would probably be calling upon them again to assist with City projects. City Council Meeting Minutes - April 24, 1989, Page 3 6. CONSENT AGENDA: 6.1 Approve City Council Minutes for March 13 and 16, 1989 6.2 Authorize Preparation of Preliminary Engineer's Report for the ( Proposed PacTrust Local Improvement District - Resolution No. 89-29 (Continued from the April 10, 1989 Council meeting.) 6.3 Recess Council Meeting; Convene Local Contract Review Board (LCRB) Meeting: a) Approve Consultant Contract for McDonald Project; b) Authorize Bidding on Various Projects; Adjourn LCRB; Reconvene Council Meeting. 6.4 Accept S.W. Naeve Street Public Improvements-Resolution No. 89-30. 6.5 Endorse Recommendations on Scholls Ferry Rd. Project - Resolution No. 89-31. Motion by Councilor Schwartz, seconded by Councilor Johnson, to pull the 121st Street project from Item .3b for opportunity for future Council discussion. (See Mr. Larsell's comments under the "Visitor's Agenda" section of these Minutes.) City Administrator will look into the issue and report to Council. Motion was passed by a unanimous vote of Council present. Councilor Schwartz noted Consent Agenda Items .3a and .3b were Transportation Safety Bond projects. Motion by Councilor Johnson, seconded by Councilor Eadon, to approve the Consent Agenda with the removal of the 121st Street project. ( The motion was approved by a unanimous vote of Council present. 7. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 89-02, ZONE CHANGE ZC 89-02 SANDERS (PLANNING RESOURCES, INC.) NPO #6 Request for a Comprehensive Plan Amendment from Medium Density Residential to Medium-High Density Residential and a Zone Change from R-12 (Residential, 12 units/acre) to R-25 (Residential, 25 units/acre) for approximately 4.27 acres of an 8.27 acre parcel. The remainder of the parcel is designated Medium-High Density Residential and is zoned R-25. LOCATION: 11165 SW Naeve Street (WCTM 2S1 10 DB, eastern half of Tax Lot 200) . a. Public hearing was opened. b. Declarations or challenges. Councilors Eadcn and Kasten noted they had had conversations with persons concerning this issue. Both Councilors indicated that they felt they could be impartial in considering the issue and would participate in the hearing process. c. Senior Planner Liden summarized the agenda item: o He located the area on a map that was on display. o He advised staff had reviewed the request and had found it to be consistent with Comprehensive Plan Amendment criteria. t. i% City Council Meeting Minutes - April 24, 1989, Page 4 o He advised there would be some additional traffic traveling south into Summerfield, but after reviewing the traffic study, staff believed the increases could be accommodated on the '` existing streets. o He advised Planning Commission recommended denial of the proposed amendments. The Planning Commission also recommended that Council direct staff to: - develop a method by which the current permitted densities on the two portions on the property could be averaged, or - develop a zone which would allow 15 units per acre for application to this property. Senior Planner noted the Comprehensive Plan does not make provision for averaging densities on one or more parcels as was suggested by the Planning Commission. He noted the concern this would raise for abutting property owners -- they would not know what density they could expect along their property lines. Discussion followed on the zoning history of this property. This parcel and adjacent parcels were annexed to the City of Tigard in 1981 with a Washington County zoning designation of RU-4 (residential, four units-acre) . The City of Tigard Comprehensive Plan Revision, CPR 1-81, approved redesignation of the entire parcel from low-density residential to medium-density residential and a zone change to R-12 (residential, 12 units-acre) . The �_. Planned Development (PD) Overlay zone was added to the requested R-12 designation so that all development proposals for the property would be required to be reviewed by the Planning Commission. In December 1986, the Tigard City Council gave conditional approval to the Albertson's Comprehensive Plan :..nendment for changing the designation of several properties located at the southeast corner of Durham Road and Pacific Highway. This approval redesignated these properties from high-density residential to general commercial. The result of this decision was the removal of the opportunity for approximately 400 potential multi-family housing units from Tigard's inventory of vacant, buildable land. The Metropolitan Housing Rule (Oregon Administrative Rules, Chapter 660, Division 7) requires that Tigard provide a housing opportunity for at least 50 percent multi-family units and a net minimum housing density of 10 dwelling units per acre on vacant, buildable land within the City's urban planning area. The Albertson's CPA was granted on the condition of redesignation of sufficient residential land to higher densities to make up for the housing opportunity shortfall created by the decision. Several sites throughout the City, including the subject parcel, were considered for increased residential densities to make up for the housing opportunity shortfall created by the Albertson's City Council Meeting Minutes - April 24, 1989, Page 5 decision. The western half of the property and the parcel to the west were proposed for plan/zone redesignation from medium density residential/R-12 (PD) to medium-high density residential/R-25 (PD), (CPA 87-07(G)/ZC 87-02(G)) . No change in designation was proposed for the eastern half of the Sander's parcel. The proposed redesignation of the western half of the property in the adjacent parcel was approved by City Council on April 13, 1987. d. Public Testimony: o William Sanders, 22363 Bents Street NE, Aurora, OR 97002. testified he had been the owner of the property since 1951. He related some of the history of the use of the property noting he had operated a nursery business on the property until they no longer had water rights for this use. He was aware of the transportation issues and concerns of the Summerfield residents. He advised there were several buyers ready to bid on the property, but the sale would be predicated on resolving the zoning issue. o Rick Givens, Planning Consultant, 3681 SW Carmen Drive, Lake Oswego, OR 97035. Mr. Givens noted the zoning configuration was difficult for development with one half of the property zoned R-25 and the other half zoned R-12. There was no logical way of developing the site for use. Mr. Givens reported topography was also a factor; there was no reason for the zoning line as drawn. He said a developer has expressed interest in the property if 19 to 20 units per acre would be allowed. The parcel's current zoning would not permit the developer to distribute housing units in the most desirable manner. Mr. Givens pointed out that the property was 400 feet from the nearest single-family zoned area; close to major transportation routes; and sewer and water services were readily available. He reviewed some of the traffic issues. He said that most of the people from the development would probably use 99W rather than traveling through the residential area. He advised his client would not have any difficulty, as a condition of development, limiting density to no more than what the total combined density of the two parcels would allow should Council decide to not rezone the one parcel to R-25. o Roger Anderson, 10120 SW gable, Tigard, OR 97224, legal counsel for Mr. and Mrs. Sanders, testified the request was not in conflict with surrounding zoning. He believed the split of the property with the two zoning designations was a mistake and should be corrected for the benefit of the property owners. City Council Meeting Minutes - April 24, 1989, Page 6 • He advised a potential developer was interested in the property if zoning was changed to R-25. This would allow enough density to make it economically feasible to develop another access to Pacific Highway. He advised Naeve Road would then be used as secondary approach to the development. Mr. Anderson described how access would be acquired for this property. o Art Greco, 2001 SW Canby Street, Portland, Oregon, testified he was representing Evangelical Covenant Church which was the adjacent property owner (located next to Pacific Highway). He noted traffic impact concerns with the proposal. He said he would be in favor of the R-25 zoning change if the Beef Bend Road extension (aka Pacific Highway access) were built. o Dave Atkinson, 10460 SW Century Oak Drive, Tigard, OR 97224, noted he was concerned with increased density and ingress/egress to the area. He reported the immediate area surrounding the Summerfield neighborhood had sustained a lot of increased densities in recent history. He noted the different apartment developments either under construction or scheduled for construction. He requested the status quo on the subject property be maintained. He reviewed some of the history of the area, noting that SW 109th was blocked so traffic would not travel through Summerfield. He asked that 109th and Naeve remain blocked. Mr. Atkinson noted concern about the accuracy of the traffic estimates and the impact increased traffic would have on the community. Mr. Atkinson said retirement communities were a stable economic factor as well as a large pool of volunteer workers for the City of Tigard. He asked the City, when making decisions, to consider the detrimental affects of destabilizing an area such as Summerfield. o Ken Cheeley, 15390 SW Alderbrook Court, Tigard, Oregon, advised he was representing the Summerfield Civic Association. He noted he was also the President of the Liaison Committee to the Tigard City Council. He reported that his constituents were concerned because they were promised two years ago that if the Albertson's development was supported, they would not have so many apartments in their immediate area. He noted several apartment complexes recently constructed (or planned for development) which surrounded the Summerfield area. He advised as the density increases, there were more instances of persons utilizing Durham Road and Summerfield Drive as traffic shortcuts. He advised increased traffic impacted elderly Summerfield citizens more so than if the traffic increases were to occur in another neighborhood. C City Council Meeting Minutes - April 24, 1989, Page 7 o Marge Davenport, 15100 SW 109th, Tigard, OR 97223 noted concerns over the traffic for the proposed development. She also noted that she was opposed to closing of Naeve Road at 109th. She advised that development along 109th and additional driveways onto the street would increase traffic hazards. She said more planning was needed. o Phil Pasteris, NPO #6 member, 8935 SW Pinebrook, Tigard, Oregon noted concerns about overall philosophy and the need to review regional concepts. He advised care should be taken that spot zoning does not occur. He said he was concerned about traffic and the need for advance planning with developers. He noted the zoning designations should be fairly constant in order to stabilize the area so that organized, planned growth would occur. o Mayor Edwards noted that a memorandum from Jane Miller of 10920 SW Highland Drive, Tigard, Oregon, was submitted in opposition to the proposed zone change. He also advised Mrs. Miller sent newspaper articles concerning planning issues with her letter. (These documents have been filed with the Council packet material.) e. Recommendation of the Community Development Staff was for the approval of the proposed Plan and Zoning Map amendments. City Attorney noted that should Council desire to look at limiting density in the area so no actual increase would take place on the combined R-12 and R-25 parcels, it was within Council's authority to place a condition on the density. The condition he suggested would be to grant a zone change for the entire property provided the density on the two parcels did not exceed a certain number of units (i.e. , 151 units as was suggested by the attorney for the applicant). f. Council discussed the pros and cons of limiting density. Also discussed was the need to review the regional traffic issues prior to allowing any increases in density. g. Public hearing was closed. h. Consideration by City Council: Motion by Councilor Schwartz, seconded by Councilor Kasten, to approve the zone change from R-12 to R-25 contingent upon the extension of Beef Bend Road to the subject property and the density be limited so that no more than 151 units would be constructed on the subject properly. The motion failed by a vote of 3 - 2; Councilors Kasten and Schwartz voted "Aye," and Councilors Eadon, Johnson, and Mayor Edwards voted "Nay." City Council Meeting Minutes - April 24, 1989, Page 8 Motion by Councilor Eadon, seconded by Councilor Johnson, to deny the Comprehensive Plan Amendment as requested from R-12 to R-25. The motion passed by a vote of 4-0-1; Councilor Kasten abstained from voting. 8. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 89-03; ZONE CHANGE ZC 89-03 DUVALL STREET NPO #4 A request for a Comprehensive Plan Amendment from Low-Density Residential to General Commercial and a Zone Change from R-3.5 (Residential, 3.5 units/acre) to C-G (General Commercial) for approximately 6.4 acres including properties on either side of Duvall Street west of SW 72nd Avenue. LOCATION: WCTM 1S1 36DC, Tax Lots 600, 700, 800, 900, 1000, 1100, 1200, 1300, 1400, 1500, 1600, 1700, 1800, 1900, 2000, 2100, and intervening public right-of-way. a. Public hearing was opened. b. There were no declarations or challenges c. Senior Planner Liden, summarized this agenda item. On April 4, 1989, the Planning Commission reviewed a proposal to amend the Comprehensive Plan Map from low-density residential to general commercial and to amend the zoning map from R-4.5 (residential, 4.5 units/acre) to CG (general commercial) for approximately 6.4 acres bisected by SW Duvall Street, west of SW 72nd Avenue. The area was currently developed with 13 single family residences. The Commission concurred with the staff's recommendation for approval of the proposed amendments. The Planning Commission, however, also recommended that the Council consider the property-tax impacts of the proposed redesignation should the options for purchase of the subject properties not be executed. The current property owners would then own properties which would be taxed at a commercial property tax rate. Senior Planner also referred to the Plan Policy which stated that prior to development of the area to commercial, a street such as Dartmouth would have to be in place. There was discussion on the issue of increased tax rates. City Attorney noted that it would be hard to estimate whether there would be an increase in value. d. Public Testimony: o Gordon Davis, 1020 SW Taylor, Portland, Oregon noted this situation was similar to the rezoning of an area previously purchased by Riverwood Properties. He advised that Riverwood has options to purchase all the homes with one exception and that individual was actually a co-applicant with Riverwood Properties on this rezoning request. C City Council Meeting Minutes - April 24, 1989, Page 9 • e. Community Development staff recommended Council approve the propose plan/zoning map amendments as was also the recommendation of the Planning Commission. As part of staff's recommendation, was the suggestion that Council adopt the staff ( report as findings supporting the approval. f. Public hearing was closed. g. Consideration by Council: Motion by Councilor Schwartz, seconded by Councilor Johnson, to approve the Comprehensive Plan Amendment and Zone Change as proposed. The motion was approved by a unanimous vote of Council present. 9. EXECUTIVE SESSION - The Tigard City Council went into Executive Session at 9:30 p.m. , under the provisions of ORS 192.660 (1) (a) , (d) , (e) , & (h) to discuss Police Chief selection, labor relations, real property transactions, and current and pending litigation issues. 10. ADJOURNMENT 9:50 P.M. Approved by the Tigard City Council on (2/ea , 1989. Catifif w1�e Deputy Recorder - City of Tigard ATTEST: / Mayor - ity of Tigard cw/9705D City Council Meeting Minutes - April 24, 1989, Page 10 11 a CITY OF TIGARD, OREGON MEMORANDUM TO: Honorable Mayor and City Council June 1, 1989 FROM: Patrick J. Reilly, City Administrator ,,' SUBJECT: COUNCIL CALENDAR, May-Dec. 1989 L� Official Council meetings are marked with an asterisk (*). If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. Please note Budget Committee meetings. June '89 *2-4, Fri-Sun Council Workshop, Rippling River 2, Fri Budget summary to Times (publish 6/8) 9, Fri Second notice ad to Times (publish 6/15) 12, Mon Eastern Washington County Quarterly Meeting (12-1:30 pm, THCR) *12, Mon Council Business Agenda (6:30/7:30) 13, Tues Board and Committee Interviews (5:15 pm, CDCR) 14, Wed Flag Day - Special ceremony with Boy and Girl Scouts - Pause for Pledge of Allegiance (4:00 pm, City Hall) 14, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) *19, Mon Council Study Session (6:30) *26, Mon Council Business Agenda - Budget Hearing & Adoption (6:30/7:30) July '89 4, Tues Independence Day (City Hall Closed) *10, Mon Council Business Agenda (6:30/7:30) *17, Mon Council Study Agenda (6:30) 19, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) 20-21, Thur-Fri Timothy Lake Conference 22, Sat Cruisin' Tigard *24, Mon Council Business Agenda (6:30/7:30) August '89 5, Sat City Employee Picnic *14, Mon Council Business Agenda (6:30/7:30) 16, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) 19, Sat Girl Scout Cleanup of Fanno Creek *21, Mon Council Study Agenda (6:30/7:30) *28, Mon Council Business Agenda (6:30/7:30) C Council Calendar - Page 1 September '89 4, Mon Labor Day (City Hall Closed) *11, Mon Council Business Agenda (6:30/7:30) *18, Mon Council Study Agenda (6:30) Elmer's, 7:15 am) 20, Wed Legislative Breakfast (Eggs & Issues, 24-28, Sat-Thurs ICMA Conference *25, Mon Council Business Agenda (6:30/7:30) October '89 *9, Mon Council Business Agenda (6:30/7:30) Council Study Agenda (6:30) Elmer's, 7:15 am) *16, Mon Legislative Breakfast (Eggs & Issues, 18, Wed Council Business Agenda (6:30/7:30 31, ) 1Tues* , Mon Halloween November '89 *13, Mon Council Business Agenda (6:30&/7:30) Elmer's, 7:15 am) 15, Wed Legislative Breakfast (Eggs Council Study Agenda (6:30) *20, Mon Holiday (City Hall Closed) 27 , Thurs-Fri Council BusThanksgivininess Agenda (6:30/7:30) *27,, MMon December '89 ( *11, Mon Council Business Agenda (6:30/7:30) *18, Mon Council Business Agenda (6 s3 &/ IssOues, Elmer's, 7:15 am) ) 20, Wed Legislative Breakfast (Eggs Closed) 25, Mon Christmas Holiday (City mh0028a Q Council Calendar - Page 2 Lm 3 a . r- k CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY LOCAL CONTRACT REVIEW BOARD AGENDA OF: June 12, 1989 DATE SUBMITTED: June 1, 1989 ISSUE/AGENDA TITLE: Bid Award For PREVIOUS ACTION: North Dakota treet Shoulder Widening Pro-i. - 7 / PREPARED BY: Randall R. Woolen DEPT HEAD ORI_!`, ITY ADMIN 0 REQUESTED BY: POLICY ISSUE Award of bid for North Dakota Street Widening. INFORMATION SUMMARY Last year's CIP program included widening North Dakota Street from 114th Avenue to Fanno Creek Bridge, to provide a paved shoulder along the north side of the street to improve pedestrian and bicycle safety. All necessary rights- of-way and easements have been acquired and the project is now ready for construction. Five bids were received on May 25, 1989, as follows: Fabricators, Inc. $61,180.50 / Parker Northwest Paving $72,619.00 Benge Construction $72,685.75 Eagle Elsner Construction $74,750.00 Baker Rock Crushing $94,530.58 ALTERNATIVES CONSIDERED 1. Award the bid to the low bidder. 2. Reject all bids. FISCAL IMPACT The current Streets CIP budget includes funds for this project as a "project in progress". In preparing the 1989-90 Streets CIP budget recommendation, the Transportation Advisory Committee allowed $75,000 for completion of the North Dakota project. The low bid is well within this budget. === SUGGESTED ACTION Staff recommends that the Local Contract Review Board accept the low bid of Fabricators, Inc. of $61,180.50 and authorize the City Administrator to sign the construction contract. br/NoDak.ga Co. 3 b. MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council June 5, 1989 FROM: Cathy Wheatley, Deputy Recorder SUBJECT: June 12, 1989 Council Packet - Agenda Item 6.3b. Please be advised the bid opening for the Parking Lot Landscaping and Irrigation Renovation will be on June 7, 1989. Staff will forward the information for Local Contract Review Board consideration prior to the Council meeting. cw C t'. (P144 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 12, 1989 DATE SUBMITTED: June 2, 1989 ISSUE/AGENDA TITLE: Tigard Assembly PREVIOUS ACTION: Public Hearing Before of God - CU 89-02 and V 89-07 earings Officer on April 5, •89, and Council Denial of an A..--1 /II PREPARED BY: Deborah Stuart DEPT HEAD 0 411\\ ITY ADMIN OK mew REQUESTED BY: POLICY ISSUE INFORMATION SUMMARY The Council denied the above request on May 8, 1989 and instructed staff to prepare a Final Order. ALTERNATIVES CONSIDERED I 1. Adopt the attached resolution. 2. Modify and adopt the attached resolution. FISCAL IMPACT SUGGESTED ACTION Staff recommends adoption of the attached Final Order. br/CU89-02.ds C Co 5 CITY OF TIGARD, OREGON irCOUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 12, 1989 DATE SUBMITTED: June 5, 1989 ISSUE/AGENDA TITLE: Acceptance of P•, VIOUS ACTION: Public Hearings on City Center Develo ment Plan and/ arch 16 March 21 and A.ril 10 1989 Re—rt y/ ' r REPARED BY: Elizabeth Ann Newton 'r DEPT HEAD •.:.yt, ,CITY ADMIN OK Mil ' QUESTED BY: City Council PO ICY ISSUE Should the City Council adopt the attached resolution accepting the City Center Development Plan and Report drafts and releasing the document for public discourse? INFORMATION SUMMARY Attached is a resolution which, if adopted, accepts the City Center Development Plan and Report draft and directs the staff to release the documents for public discourse. The draft documents attached are dated June 1, 1989 and have been revised to include the modifications suggested by Council on May 16, 1989. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution. 2. Delay adoption to a later date. FISCAL IMPACT Acceptance and distribution of the Plan and Report have no direct fiscal impact. SUGGESTED ACTION Adopt the attached resolution accepting the City Center Development Plan and Report draft, and release the documents for public discourse. br/CCDP.ln TIGARD CITY CENTER ilDEVELOPMENT PLAN 011111A % 4') ,'':7->, / 44161 0, 4, % ::?,,..*411 ---,..,1 „--,.:.><SA # is,. 4.;, .- Ne...4 A it ��, ,*NIS' \*. • *i4 ' I 0, N .. io , • '� , , Jia. JUNE 1, 1989 FORWARD The Tigard City Council by resolution adopted on June 12, 1989, accepted the City Center Development Plan and Report drafts dated June 1, 1989. These drafts contain modifications requested by Council as a- result of public testimony received in public hearings in March and April 1989. The documents have been released in draft form for public discourse and may be modified as a result of public input. Final adoption is expected to occur in September, 1989. C CITY CENTER DEVELOPMENT PLAN JUNE, 1989 PREPARED BY MOORE BREITHAUPT AND ASSOC. CITY COUNCIL CITY CENTER PLAN TASK FORCE Gerald Edwards - Mayor Stuart R. Cohen, Chair Valerie Johnson R.- Michael Marr - Vice Chair Carolyn Eadon Joy Henkle John Schwartz Pam Juarez Joe Kaston Richard Morley Jolynn Ash - Former Member William A. Monahan - Former Member PROJECT STAFF Ed Murphy - Community Development Director Liz Newton - Senior Planner Duane Roberts - Assistant Planner i TABLE OF CONTENTS 100. INTRODUCTION 1 200. DEFINITIONS 3 300. LEGAL BOUNDARY DESCRIPTION 7 400. MISSION STATEMENT AND GOALS OF THE DEVELOPMENT AGENCY FOR THE CITY CENTER DEVELOPMENT PLAN 10 500. LAND USE PLAN 16 600. DEVELOPMENT PLAN ACTIVITIES 19 700. FINANCING OF DEVELOPMENT PLAN INDEBTEDNESS 29 800. ANNUAL FINANCIAL STATEMENT REQUIRED 31 900. CITIZEN PARTICIPATION 32 1000. NON-DISCRIMINATION 33 1100. RECORDING OF PLAN 34 1200. PROCEDURES FOR CHANGES OR AMENDMENTS IN THE APPROVED CITY CENTER DEVELOPMENT PLAN 35 1300. DURATION AND VALIDITY OF APPROVED DEVELOPMENT PLAN 37 C I CITY OF TIGARD CITY CENTER DEVELOPMENT PLAN SECTION 100. INTRODUCTION Tigard, like many other small cities near major central cities, experienced rapid growth and development during the 1950-1980 period. Small village-type retail centers, like those along Main Street, became just one of several commercial developments as new automobile-oriented shopping complexes and "strip commercial" development occurred along and near major arterial streets and highways. In this process the former focal point or"downtown" represented by the Main Street area has been diluted. Much of the newer development in the Main Street area has not been consistent with retaining or enhancing a"downtown" focus or identity.The existing street system in and around the area has not been upgraded nor maintained in a condition to encourage new downtown-type businesses or expose the area to potential customers. The cumulative result of all these changes is an area that has been designated in city plans and zone maps as Central Business District but which has little of the character of such and too few of the physical facilities to encourage its becoming a Central Business area. City Council, in recognition of this inconsistency, appointed a City Center Plan Task Force in 1987 to examine the situation and to recommend to the City Council steps to improve the area and enable Tigard to again have an identifiable City Center. The Task Force has been aided by considerable staff work plus consultant studies of transportation, parks, urban design, market analysis and financing. This City Center Development Plan is the summation of the Task Force's work over the past 18 months, and incorporates most of the Task Force recommendations to the City Council. 1 Tha Task Force envisions a future City Center of vitality and Identity with a park-like atmosphere. The Plan has been prepared under the direction of the Task Force In conformity with certain provisions of state law contained in Article IX of the Oregon State Constitution and Chapter 457 of the Oregon Revised Statutes which enable this Development Plan to utilize helpful tools provided for in state law in pursuit of Plan objectives. 110. CITY, AGENCY AND ADVISORY COMMISSION The Governing Body (Council) of the City of Tigard on February 13, 1989, by Ordinance No. 89-05, declared that blighted areas exist within the City and that there is a need for an urban renewal agency to function within the City. The City Council, by approval of Ordinance No. 89-05, declared that all powers as provided by law in an urban renewal agency be exercised by the Council of the City of Tigard, acting as the urban renewal agency and that it be officially known as the City Center Development Agency. The relationship between the City of Tigard, an Oregon Municipal Corporation, and the City Center Development Agency shall be as contemplated by Chapter 457 of the Oregon Revised Statutes. Nothing contained in this Plan, nor the City's supplying of services or personnel, nor the budgeting requirements of this Plan shall in any way be construed as departing from or disturbing the relationship contemplated by ORS Chapter 457. Further, the Council, in Ordinance 89-05, created a City Center Development Commission. The purpose of the Commission is to assist in implementation of this City Center Development Plan, to make recommendations to the City Center Development Agency, and to help inform Tigard's citizens, particularly persons doing business, owning property or residing in the City Center Development Area,of Plan's content and activities. 2 SECTION 200. DEFINITIONS As used in this Plan, unless the courts require otherwise, the following definitions shall apply. 201. "ADVISORY COMMISSION" means the City Center Development Advisory Commission-a citizens committee consisting of from seven to 12 members appointed by the Tigard City Council. 202. "AGENCY" or "DEVELOPMENT AGENCY" means the City Center Development Agency which, in accordance with provisions of Chapter 457 of the Oregon Revised Statutes, is the designated Renewal Agency of the City of Tigard. 203. "AREA"or "DEVELOPMENT AREA" means the geographic area of the City which encompasses the City Center Development Area conceived pursuant to provisions of ORS Chapter 457 and as described in Section 300, herein. 204. "BOARD OF COUNTY COMMISSIONERS" means the governing body of Washington County, Oregon. 205. "BLIGHTED AREAS" means areas which by reason of deterioration, faulty planning, inadequate or improper facilities, deleterious land use or the existence of unsafe structures or any combination of these factors, are detrimental to the safety, health or welfare or the community. A blighted area is characterized by the existence of one or more of the following conditions: A. The existence of buildings and structures, used or intended to be used for living, commercial, industrial or other purposes, or any combination of those uses, which are unfit or unsafe to occupy for those purposes because of any one or a combination of the following conditions: 1. Defective design and quality of physical construction; 2. Faulty interior arrangement and exterior spacing; 3. Overcrowding and a high density of population; 3 4. Inadequate provision for ventilation,light, sanitation,open spaces and recreation facilities; or 5. Obsolescence, deterioration, dilapidation, mixed character or shifting of uses; B. An economic dislocation, deterioration or disuse of property resulting from faulty planning; C. The division or subdivision and sale of property or lots of irregular form and shape and inadequate size or dimensions for property usefulness and development; D. The layout of property or lots in disregard of contours, drainage and other physical characteristics of the terrain and surrounding conditions; E. The existence of inadequate streets and other rights-of-way, open spaces and utilities; F. The existence of property or lots or other areas which are subject to inundation by water; C. G. A prevalence of depreciated values, impaired investments and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts are inadequate for the cost of public services rendered; H. A growing or total lack of proper utilization of areas, resulting in a stagnant and unproductive condition of land potentially useful and valuable for contributing to the public health, safety and welfare; or I. A loss of population and reduction of proper utilization of the area, resulting in its further deterioration and added costs to the taxpayer for the creation of new public facilities and services elsewhere. 206. "CITY" means the City of Tigard, Washington County, Oregon. 207. "CITY CENTER DEVELOPMENT AREA" means the area as shown in the Map and as designated In the legal description found in Section 300 of this Plan. 4 208. "CITY COUNCIL"or'COUNCIL" means the governing body of the City of Tigard. 209. "COMPREHENSIVE PLAN" means the Land Use Plan of the City of Tigard including all of Its policies, procedures and implementing provisions. 210. "COUNTY" means Washington County, Oregon. 211. "EXHIBIT" means an attachment of narrative, map or other graphic, to this Development Flan and contained herein. 212. "NEW PROJECT" means a project that has a substantially different function than the project it replaces and has significant economic, environmental, social, or physical impacts not previously considered by the Development Agency. Minor changes in design, function, or cost shall not constitute a " new project". 213. "ORS" means Oregon Revised Statutes (State Law). ORS 457 is the chapter which regulates the urban renewal of blighted areas within the State of Oregon. 214. "PLAN" or "DEVELOPMENT PLAN" means the City Center Development Plan, an Urban Renewal Plan of the City of Tigard, Oregon prepared incompliance with Chapter 457 of the Oregon Revised Statutes. 215. "STATE" means the State of Oregon including its various departments, divisions and agencies. 216. "TAX INCREMENT FINANCING" means a method of financing indebtedness incurred by the City Center Development Agency in preparing and implementing the Development Plan. Such Tax Increment method is authorized by ORS sections 457.420 through 457.450 and provides that the tax proceeds, If any, realized from an increase in the taxable assessed value of real, personal and public utility property within the Development Area above that existing on the County tax roil last equalized prior to the filing of this Plan with the County Assessor, shall be paid into a special fund of the Agency. Such special fund shall be used to pay the principal and interest on indebtedness incurred by the Agency in financing or refinancing the preparation and implementation of the approved Development Plan. 5 217. "TAXING BODY" means any of the public jurisdictions which levies ad valorem taxes within the boundaries of the Development Area. 218. "URBAN RENEWAL LAW" means Chapter 457 of the Oregon Revised Statutes as same exists on the effective date of this Urban Renewal Plan or as same may be amended from time-to-time by action of the Oregon Legislature. 6 SECTION 300. LEGAL BOUNDARY DESCRIPTION 301. The legal description of the boundaries of the Development Area are: A tract of land in the southeast quarter of Section 35, Township 1 South, Range 1 West, Willamette Meridian, and Section 2, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard,Washington County, Oregon, being described as follows: Beginning at the northwest corner of Lot 28, Chelsea Hill, a recorded plat, Washington County Plat Records; thence North 43°02'31"West, 235.81 feet to the most northerly corner of Lot 54, Chelsea Hill No. 2, a recorded Plat, Washington County Plat Records; thence South 42°58'08" West, 165.14 feet to the southwesterly right-of way line of SW Hill Street; thence North 43°36' West, on said southwesterly right-of way line and its northwesterly extension, 684.24 feet to the southeasterly line of Lot 20, Viewcrest Terrace, a recorded plat, Washington County Plat Records; thence North 38°25'05" East on said southeasterly line approximately 20 feet to the most easterly corner of said Lot 20; thence North 43°35'40" West, 455.22 feet to the most northerly corner of Lot 16, said Viewcrest Terrace; thence North 44°10' West, 546.0 feet to the southeasterly end of SW McKenzie Place (a 40' wide roadway dedicated to the public in Book 879, Page 212,Washington County Deed Records); thence South 45°55' West,26.68 feet to the most southerly corner of said SW McKenzie Place; thence North 44°07' West on the southwesterly line of said SW McKenzie Place and its northwesterly extension approximately 359 feet to he northwesterly right- of-way line of State Highway 99W (SW Pacific Highway); thence northeasterly, on said northwesterly right-of-way line, approximately 1735 feet to the most easterly corner of that parcel shown on County Survey #10102, Washington County Survey Records; thence northwesterly, on the northeasterly line of said parcel, 20.28 feet; thence continuing on said parcel boundary the following courses; northeasterly 11 feet, and North 52°08" West, 98.15 feet to the southwesterly right-of-way line of SW Tigard Street (County Road 767); thence North 65°49' West, on the southwesterly right-of-way line of said SW Tigard Street, approximately 785 feet to the southeasterly right-of-way line of SW Grant Avenue (County Road 1496); thence northeasterly, approximately 240 feet to the most westerly corner of Lot 7, Mariell, a recorded plat, Washington County Survey Records; thence southeasterly, on the northeasterly right-of-way line SW Commercial Street, approximately 950 feet to the southeast line of the John Hicklin DLC No. 37; thence North 45°18' East on said DLC line, approximately 300 feet to the southerly right-of-way line of SW Center Street (County Road 972, being 40 feet wide);thence South 68°20' East, on said southerly right-of-way line, approximately 180 feet to the southwesterly extension of the southeasterly right- of-way line of SW Center Street (County Road 1365, being 50 feet in width); thence northeasterly, on said southeasterly right-of-way line, approximately 500 feet to the most westerly corner of Lot 7, Block 1, Kingston, a recorded plat, Washington County Plat Records; thence South 44°30' East(on the southwesterly line of said Lot 7), approximately 60 feet to the northerly right-of-way line of State Highway 99W (SW Pacific Highway); thence northeasterly on said northerly highway right-of-way line, approximately 1110 feet to the southerly extension of the east right-of-way line of SW Hall Boulevard at its point of intersection with the southerly right-of-way line of said State Highway 99W; thence southerly on the east right-of-way line of said SW Hall Boulevard, approximately 4380 feet to its intersection with the easterly extension of the south right-of-way line of SW Omara Street; thence westerly, on said south right-of-way line, 514.89 feet to the east right-of-way line of SW Edgewood Street; thence South 3°57'38" West, on 7 said east right-of-way line, 185.92 feet to the easterly extension of the south right- of-way line of SW Omara Street; thence North 8757" West, on said south right- of-way line, 323 feet to the southerly extension of the east line of Chelsea Hill, a recorded plat, Washington County Plat Records; thence North 3°36'30" East, on said east line, 571.12 feet; thence North 65°54'27" East, on said east line, 571.12 feet;thence North 65°54'27"West 74.22 feet;thence South 48°00'32"West, 89.36 feet to the north right-of-way line of SW Chelsea Loop; thence, westerly on said north right-of-way line, on a 140 foot radius nontangent curve concave to the south (the chord bears North 78°37'14" West, 167.06 feet), thence North 62°27'01" West, 149.70 feet; thence South 75°00' West, 90.00 feet to the point of beginning. 301. Exhibit A. Map of Development Area which shows the area encompassed by the foregoing legal boundary description. C 8 • J . I PLAN EXHIBIT A 1 C CITY CENTER DEVELOPMENT AREA AdIn 7.r»Iim RY e . ■ ** ' ... .06,*4V. ...:;:-.!:.f:;"!, -4 1''\NI I** # ma# s • vv./ •• 9:10o VSC . *, ss ‘ 4eY 6. %4, 4‘e ‘*Alt I�4K :r I II "A"ST 9 SECTION 400. MISSION STATEMENT AND GOALS OF THE DEVELOPMENT AGENCY FOR THE CITY CENTER DEVELOPMENT PLAN. 401. MISSION STATEMENT The mission of the Development Agency is to strengthen the economic vitality of the City Center of Tigard by eliminating blighting conditions and to create a sense of place and identity as the "Heart of the City" - a vital center of social, cultural, economic and political activity. 402. GOALS To accomplish its mission the Development Agency will implement this City Center Development Plan, the goals of which are: A. To remove limitations to economic growth in the City Center area created by existing blighting conditions so that vacant and underdeveloped properties can realize their full market potential and be utilized to their highest and best use consistent with other goals of the City Center Development Plan; B. To encourage and enhance opportunities for commercial, residential and select industrial property to be developed and improved in the City Center with an emphasis on establishing a visible and economically active City Center. C. To encourage multi-family housing in the City Center to actively support commercial development,and add to visible people activities and movement associated with commercial, social, cultural and recreational activities in the City Center; 10 D. To retain and expand existing businesses in the City Center area to be compatible with the Development Plan; E. To provide pedestrian and vehicular transportation access and circulation systems which support development of the City Center in accordance with the Development Plan; F. To encourage a more efficient public transportation system to support the residential and employment population in the City Center; G. To ensure that infrastructure and other public facilities within the City Center are adequate and timely to accommodate current and future development; H. To provide a network of public and private open spaces adaptable to a wide variety of uses. Extend the network of open space from Fanno Creek Park throughout the City Center to develop the theme of "the City in the Park"; I.To create an atmosphere which is attractive and encourages investment in and occupance of business and residential properties in the City Center. J. To ensure that the protection of significant historic and cultural resources is considered in implementation of the City Center Development Plan. 11 403. RELATIONSHIP OF PLAN TO LOCAL OBJECTIVES This Plan is intended to further the objectives of the City Comprehensive Plan. Further this Plan is intended to improve land uses, traffic flow, access to and from the Development Area, and improve streets, sewers, storm drain systems, park areas, public parking and other public facilities. 404. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN This Plan has been prepared in total conformity with the City's adopted and acknowledged Comprehensive Plan including its goals, policies, procedures and implementing provisions. Comprehensive Plan policies which apply to this plan are as follows: Citizen Involvement 2.1.1. The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Parks, Recreation and Open Space 3.5.3. The City has designated the 100-year floodplain of Fanno Creek, its tributaries, and the Tualatin River as greenway,which will be the backbone of the open space system. Where landfill and/or development are allowed within or adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. 3.5.4. The City shall provide an interconnected pedestrian/bikepath throughout the City. 3.6.1. Individual park sites, as defined by the Parks and Open Space standards and classification system shall be developed according to the following priorities: 12 i.: b. parks should be planned to insure maximum benefit to the greatest number of local residents. For this reason, acquisition and development of community level parks should be given the highest priority. 3.7.1 The City shall identify and promote the preservation and protection of historically and culturally significant structures, sites, objects and districts within Tigard. Economy 5.1.1. The City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the local job market. 5.1.3. The City shall improve and enhance the portions of the Central Business District as the focal point for commercial, high density residential, business, civic, and professional activity creating a diversified and economically viable core area. Housing 6.1.1. The City shall provide an opportunity for a diversity of housing densities and residential types at various price and rent levels. Transportation 8.1.1. The City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. 13 Downtown 11.1.1. The redevelopment of downtown shall be accomplished in order to make it complementary to newer shopping areas. Convenience, appearance and the needs of the shopping public should be primary considerations. 11.2.1. Ash Avenue shall be extended across Fanno Creek, enabling access to the neighborhoods and commercial area without using Pacific Highway. Design features shall be used to slow traffic and make the street as safe as possible. Ash Avenue shall be designated as a minor collector in conformance with the Master Street Plan. Design features and mitigation measures shall hold traffic volumes to the middle limits of a minor collector. 11.2.2. Improvements to S.W. Ash Avenue from S.W. Hill to Fanno Creek shall be constructed as a condition of development of adjacent properties.The street improvements along with the development of a major commercial site will increase traffic on Ash. A barricade shall be placed at Hill Street approximately at the end of the existing pavement to protect the neighborhood residents from the commercial traffic. �' 14 11.2.3. Method of mitigating the traffic impact on the neighborhood shall Include, in the following order of improvement, construction: a. Improving S. W. McDonald Street to Interim Maintenance standards to encourage traffic from south of McDonald to use Mcdonald to exit to Hall and/or Pacific Highway. b. Improvements to the residential portion of Ash from Hill to Frewing.these improvements could include limited parking, delineation of traffic lanes and sidewalks on one or both sides of the street. c. The extension of S. W. Hill to S.W. Omara and/or the improvement of S.W. Ash from Frewing to Garret. d. The extension of S.W. Omara to S.W. Hill parallel to S.W. Ash. e. Removal of the barricade in place on Ash Avenue at S.W. Hill. f. Improvement of S.W. Omara Street to interim maintenance standards to encourage an alternate route. 15 SECTION 500. LAND USE PLAN The use and development of all land within the City Center Development Plan shall comply with provisions of the City's Comprehensive Plan and all of its applicable implementing provisions. The Comprehensive Plan is the City's acknowledged Plan as required by State Law. 501. LAND USE DESIGNATIONS The land use designations of the City's Comprehensive Plan which affect the City Center Development Area are described in Chapter 18.66 of the City's Development Code, which is incorporated by reference.The purpose of the CBD zoning district is to provide for a concentrated, central commercial office and retail area which also provides civic, high density residential and mixed uses. The CBD zoning allows for 40 residential units per acre except within the area south of Fanno Creek, defined as follows: "All lands bounded by Fanno Creek, Hall Blvd., Omara,Ash Ave., and Hill Street shall be designated for 12 residential units per acre." The maximum height for residential uses is 60 feet. There are no floor/area ratios set forth in the CBD development code requirements for non-residential uses.Dimensional requirements allow for building heights are as follows: "Except as otherwise provided in Section 18.98 (BUILDING HEIGHT LIMITATIONS), no building in the CDB zone shall exceed 80 feet in height." There are no lot area or width requirements and no minimum setbacks. 16 502. COMPLIANCE WITH CITY'S DEVELOPMENT CODES The City's Development Code including the Building and Safety Codes as they exist on the effective date of this Plan or as they may be amended from time to time, are hereby made a part of this Plan as though included herein in full. All development and redevelopment within the City Center Development Area shall comply with all provisions of the City's Development Codes including the Zoning, and Building and Safety Codes regarding maximum densities and building requirements. 503. LAND USE COMPLIANCE The use, development or redevelopment of all land within the Development Area shall comply with the provisions of the City's Comprehensive Plan, implementing Ordinances, codes, policies, and regulations described in Sections 501 and 502 above. 17 PLAN EXHIBIT B City Center Designated Land Use Igil is k - Q, ` 3.--14 iit • � �C ..* is. ® S ♦ ■ otil*O.... • sco,„ A!. -4. . 0!''‘ ) ile le .p. e p� +v( • ,, 4,' / 1 4k, . B #. t(PD)(AA) s ♦y st s111 : Ilk I / 1• # LGARD (PD)(AA) CENTER CIVIC - ti4 . t. I . .. wale; P kill%I. OPD)(AA) iTMCCt III C SECTION 600. DEVELOPMENT PLAN ACTIVITIES To achieve the goals and objectives of this Plan, the following projects and activities, subject to the availability of appropriate funding, may be undertaken by the Development Agency, or caused by it to be undertaken by others, in accordance with applicable Federal, State, County and City laws, policies and procedures, and in compliance with provisions of this Plan. Where project/activity descriptions include specifically named components, it is for identifying the type, quality or scale of the project or activity and is not meant to be all-inclusive. Details of projects will be laid out as specific projects are engineered, designed and budgeted. In the development of such detail the Agency will be guided by the objectives of this Plan and aided by elements of the City Center Urban Design Plan, the Fanno Creek Park Master Plan and similar studies and staff work. 601. DEVELOPMENT PLAN PROJECTS AND IMPROVEMENT ACTIVITIES The following projects, numbered 1 through 23, are hereby deemed necessary to eliminate blighting conditions and influences within the Development Area and necessary to make the Area usable for expanding existing businesses and other compatible uses and for the Area to be attractive for new businesses and multi- family residential development. All utility systems, streets and highways, bike and pedestrian paths, parks, public . parking facilities, bridges, sewer relocations, reconstruction or repair and other public improvements shall be complete with all appurtenant and supporting parts, consistent with sound engineering principles and conforming with the standards of the City. With funds available to it, the Development Agency may fund in full, in part, or a proportionate share based on use and demand within the Development Area, the following projects. 19 STREETS AND TRAFFIC (listed alphabetically) 1. Ash Avenue. Extend and improve Ash Street from the south boundary of Development Area to its connection with Scoffins & Hunziker. Bridge Fanno Creek Park. 2. Bumham Street. Realign and improve westerly section to intersect Main Street opposite Tigard Street and improve to include landscaping, sidewalks, street furniture, decorative lighting standards to match or complement Main improvements. Improve balance of Burnham easterly to Hall Boulevard. Accomodate the potential for light rail in the design of Bumham Street. 3. Commercial Street. Improve from Main to Hall. 4. Greenburg Road Extension. Provide a more direct connection between Greenburg Road and Hall Blvd. south of Pacific Highway. 5. Hall Boulevard. In conjunction with the ODOT, improve Hall Boulevard from Pacific Highway to Fanno Creek. Provide for landscaped median and special landscaping at both sides. 6. Main Street Bridge. Construct new bridge across Fanno Creek to be complementary to new park development and the reconstruction of Main Street. 7. Main Street. Reconstruct Main Street between its two intersections with Pacific Highway including new sidewalks, landscaping, street furniture, decorative lighting standards, improved railroad crossing and special intersection treatment to improve pedestrian movement. 8. Pacific Highway. Improve intersections through reconstruction and/or signalization to improve access into City Center Development Area. 9. Pacific Highway Ramo. In conjunction with the Oregon Department of Transportation (0001), construct ramp to permit southbound traffic on Route 99W to enter City Center. 20 10. Scoffins Street. Realign at intersection with Hall Boulevard and to accommodate the extension of Ash Avenue. 11. Tigard Street. Full improvement of Tigard from new ramp site to intersection with Main Street. PARKS. BEAUTIFICATION. ENTRYWAYS 12. Entryways. Develop highly visible, attractive entryways at key access points to City Center Area using landscaping, special structures, lighting, signage, etc. to achieve special identity. 13. Fanno Creek Park. Develop from Hall to Main in accordance with Master Plan. Acquire additional public park area as needed. 14. Landscaped Areas. Provide for the development and maintenance of special landscaped areas adjacent to streets and pedestrian ways, particularly along Burnham. Encourage private property owners to participate significantly in these projects. 15. Public Art. Provide for development of public art (sculpture, fountains, murals, mosaics, etc.) which can be viewed from plazas, walks or within public buildings. OTHER PUBLIC FACILITIES 16. Landmarks. Provide for the construction of highly-visible vertical landmarks (bell towers, sculpture, observation towers, etc.) on or adjacent to Tigard. Square and near easterly end of Burnham in or near Civic Center expansion. 17. Parking. Develop additional off-street public parking facilities to accommodate present and newly developed demand. Construct structures and develop surface lots to serve users of commercial and public facilities in the Main-Bumham area particularly. 21 18. Tloard Square. Acquire and develop a public plaza area to serve as a focal point for commercial development and public activity. PROGRAMS/ACTIVITIES 19. Bulldina Rehabilitation Assistance.The Agency will budget available funds to establish and carry on a below-market interest loan program to assist and encourage rehabilitation, renovation or improvement of structures which add to the overall upgrading of the Development Area. Criteria for eligibility to apply for such loans and other program details will be established by the Agency. 20. Pedestrian Weather Protection. The Agency may, subject to availability of funds, establish and carry on a program designed to encourage the extension of buildings, marquees, awnings or other forms of weather protection over pedestrian ways in the more densely developed and used portions of the City Center. 21. Program Administration. The Agency will make provision, through development and adoption of an annual budget, for necessary management and supporting services adequate to coordinate project construction, program activities, marketing efforts and business development or redevelopment activities. 22. Relocation Assistance. The Agency will provide both technical and financial aid to occupants of property acquired by the City or Agency in furtherance of Plan objectives or construction of public facilities within the Development Area. �, 22 602. ACQUISITION OF REAL PROPERTY A. AUTHORIZATION: It is the intent of this Plan to authorize the Development Agency to acquire property within the Development Area by any legal means to achieve the goals of this Plan, and specifically,to accomplish any of the projects listed in Section 601. of this Plan. Nothing stated in this subsection shall be construed to limit the present authority of the City of Tigard to acquire property for any public purpose. Possible property acquisition locations for some projects identified in this Plan are shown on "Exhibit B". Actual properties to be acquired will be Identified prior to project Implementation and, if different from those shown on "Exhibit B," will be processed as minor amendments to the Plan under Section 1201 of this Plan. B. PROPERTY ACQUISITION POLICY: Prior to acquiring any specific property deemed necessary to achieve the goals listed in this Plan, the Agency shall prepare, adopt and maintain a Property Acquisition Policy which clearly sets forth the property acquisition program and procedures, including conditions under which property will be acquired, and other relevant matters. Adoption of the Property Acquisition Policy shall be processed as a minor change to the Plan under the provisions of Section 1201 of the Plan. The policy will be available to all interested parties at the Agency's office. C. ACQUISITION PROCEDURE: Pursuant to applicable state and local lows acquisitions shall proceed as follows: 1.) Where the property to be acquired is in conjunction with a project identified in Section 601 of the Plan and has been specifically identified in the City Center Development 23 EXHIBIT "B" CITY CENTER PROJECTS AND ACTIVITIES C' POSSIBLE PROPERTY ACQUISITION LOCATIONS it: ,, 441‘- /I— :::....;•• ,,,.. ...;,.... 1)--:-;....'.-,:- - • • ....„.. .•• 4,,--.. .„-,,,i #0--4,N % S iii. _, 4 k/ 47, % ter•4111141441414% 4.0i,e 1100, • 11/4 „ fr.r< �` r 40%+ -- ,i.le,:j/4 ..!,:ts... , z.;.,0/47,..,.: . i,,,,A...;•;,,. , ...,....: ,„ ,,,..„...,. .... ., , :„..,,,..,,;......,.:4-3:, \ -3., N. 5....,. co,,,..-4.,,t„rn,-,4.. ,,.., ,-••,,,,.....x.„4- lc ,c. ? f....„*.,...,,,.•ff FF�� ../05Tr.r.ire-..*P4‘. l' i> ',' 4.w mr t;F A •^"oriel,' . 1 Burnham Street Realignment (exact alingment to be determined) 2 Burnham-Hall InIrovn „' Burnham Street Improvement Burnham Street Enhancement A Entryway Development, Landscaping and Landmark Structures Fenno Park Development Ball and Pacific Intersection Improvement (location to be determined) N Public Parking Facilities - Ash Avenue Improvements (exact alignment to be determined) ( Building Rehabilitation Assistance Commercial Street Improvements Pacific Highway Ramp to Tigard Street (location to be determined) ...• Tigard Public Square Development (location to be determined) Ball Boulevard Enhancement _ Agency's proposed acquisition policy then the acquisition shall proceed through applicable state and local eminent domain procedures. 2.) Where the property to be acquired is a new project the acquisition shall be regarded as a substantial change and must comply with procedures set forth in Section 1202 of this Plan before acquisition can proceed under applicable state and local eminent domain procedures. 603. RELOCATION ACTIVITIES Should the development agency acquire property which is occupied and which would cause the displacement of the occupants, the Agency shall provide assistance to persons or businesses to be displaced. Such displacees will be contacted to determine their individual relocation needs. They will be provided information on available alternative building locations and will be given assistance in moving. All relocation activities will be undertaken and payments made in accordance with the requirements of ORS 281.045 - 281.105 and any other applicable laws or regulations. Relocation payments will be made as provided in ORS 281.060. Persons displaced from dwellings will be assisted to relocate in habitable, safe, and sanitary dwellings at costs or rents within their financial reach. Payment for moving expense will be made to businesses displaced. Prior to acquiring any property which will cause households, businesses, offices or other uses to be displaced, the Agency shall prepare, adopt, and maintain a Relocation Policy conforming to the provisions of ORS 281.045 - 281.105. Such policy will be available to interested parties at the Agency's office and will set 24 forth the relocation program and procedures, including eligibility for and amounts `1 of relocation payments, services available and other relevant matters. 604. PROPERTY DISPOSITION AND REDEVELOPER OBLIGATIONS A. PROPERTY DISPOSITION. The Development Agency is authorized to dispose of, sell, lease, exchange, subdivide, transfer, assign, pledge, or encumber by mortgage, deed of trust, or otherwise any Interest in real property which has been acquired by it in accordance with provisions of this Plan and with the terms and conditions set forth in a Disposition and Development Agreement mutually agreed to by all affected parties. All real property acquired by the Development Agency in the City Center Development Area, if any, shall be used or disposed of for development consistent with the uses permitted in this Plan.The Development Agency shall obtain fair re-use value for the specific uses to be permitted on the real property. Real property acquired by the Agency may be disposed of to any other public entity without cost to such other public entity, in accordance with provisions of this Plan.All persons and entities obtaining property from the Development Agency shall use the property for the purposes designated in this Plan or specified by the Agency and shall commence with complete development of the property within a period of time which the Development Agency fixes as reasonable, and shall comply with other conditions which the Development Agency deems necessary to carry out the objectives of this Plan. In the conveyance of any property, the Development Agency shall provide adequate safeguards to ensure that provisions of this Plan will be carried out to prevent the recurrence of Incompatible uses or blight. Leases, deeds, contracts, agreements, documents, and declarations of restrictions by the Development Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions 25 1[ J{{tC precedent or subsequent, equitable servitudes, or any other provisions necessary to carry out this plan. B. REDEVELOPER'S OBLIGATIONS. A Redeveloper is any public entity or private party who acquires property from the Development Agency. Any Redeveloper and its successors or assigns within the Development Area must comply with provisions of this Plan and with terms and conditions of the Disposition and Development Agreement. Among the provisions which the Agency may include within the Disposition and Development as requirements of the Redeveloper are the following: 1. Obtaining necessary approvals of proposed developments from all Federal, State and/or local agencies that may have Jurisdiction on properties and facilities to be developed or redeveloped; 2. Development or redevelopment of such property in accordance with the land-use provisions and other requirements specified in this Plan; 3. Submittal of all plans and specifications for construction of improvements on the land to the Development Agency or such of its agents as the Agency may designate for review and approval prior to distribution to appropriate reviewing bodies as required by the City; 4. Reasonable time lines for commencing and completing the specified development of such property; 5. No execution of any agreement, lease, conveyance, or other instrument which contains restrictions upon the basis of age, race, color, religion, sex, marital status, or national origin in the sale, lease or occupancy of the property; 6. Maintenance of the developed and/or undeveloped property in a clean, neat, and safe condition. 26 605. BUILDING REHABILITATION LOAN FUND With funds available to it, the Development Agency may promulgate rules, guidelines, policies and establish a below market value loan fund for the rehabilitation and restoration of existing buildings located within the boundaries of the Development Area. Such loan fund is hereby deemed an appropriate adjunct to this Plan to eliminate blight and to further Plan objectives. 606. OWNER PARTICIPATION Property owners within the Development Area proposing to improve their properties and receiving assistance from the Development Agency shall do so in accordance with all applicable provisions of this Plan and with all applicable codes, ordinances, policies, plans and procedures of the City. 607. ADMINISTRATIVE ACTIVITIES A. The Development Agency may obtain its administrative support staff from the City and the City may provide the personnel necessary to staff the Agency on such terms and conditions as the Development Agency and the City may from time to time agree. In developing the staffing requirements of the Development Agency, the Development Agency will evaluate and make recommendations to the City regarding their personnel support needs.Development Agency staffing recommendations shall be included in the annual budget proposal of the Development Agency to the City. B. Further,the Development Agency may retain the services of independent professional people, firms, or organizations to provide technical services in such areas as legal, economic, financial, real estate, planning, engineering and any other skill deemed necessary by the Agency. C. The Development Agency may acquire, rent or lease office space and office furniture, equipment and facilities necessary for it to conduct its affairs in the management and implementation of this Plan. II 27 D. The Development Agency may invest its reserve funds in interest-bearing accounts or securities consistent with provisions of City, State and Federal law. E. To implement.this Plan, the Development Agency may borrow money, accept advances, loans or grants from any legal source, issue qualified redevelopment bonds, tax increment bonds, and may receive tax increment proceeds as provided for in Section 700 of this Plan. An affirmative vote by a majority of the then filled positions of the Development'Agency shall be required for the Development Agency to issue any bonds. F. Authorization and Powers: Without limiting any other provision, power or authorization of this Plan, the Development Agency shall have ail of the powers and responsibilities allowed under provisions of ORS Chapter 457 except as may be expressly limited by the City Council's approval of this Plan. 28 SECTION 700. FINANCING OF DEVELOPMENT PLAN INDEBTEDNESS The Development Agency may borrow money and accept advances, loans, grants and any other legal form of financial assistance from the Federal Government, the State, City, County, or other public body, or from any legal sources, public or private, for the purposes of undertaking and carrying out this Plan, or may otherwise obtain financing as authorized by ORS Chapter 457. 701. SELF LIQUIDATION OF COSTS OF URBAN RENEWAL INDEBTEDNESS (TAX INCREMENT FINANCING). Projects and activities of the Agency may be financed, in whole or in part, by self-liquidation of the costs of renewal activities as provided In ORS 457.420 through 457.450.The ad valorem taxes, if any, levied by a taping body upon the taxable real and personal property situated in the Development Area shall be divided as provided in ORS 457.440. That portion of the taxes representing the levy against the increase, if any, in the assessed value of property located in the - Development Area over the assessed value specified in the certificate filed under ORS 457.430, shall, after collection by the tax collector, be paid into a special fund of the Development Agency and shall be used to pay principal and interest on any indebtedness incurred by the Agency to finance or refinance this Plan and any projects or activities authorized and undertaken pursuant to provisions of this Plan. Upon completion of the projects and activities identified in this Plan or subsequent amendments to this Plan, and the satisfaction of all outstanding Agency indebtedness, the division of taxes under ORS 457.420 - 456.450 shall cease as provided by ORS 457.450. 29 702. PRIOR INDEBTEDNESS Any indebtedness permitted by law and incurred by the Agency, or the City in connection with preplanning for this Development Plan may be repaid from Development Agency funds when and if such funds are available. 703. ANNUAL BUDGET The Development Agency shall adopt and use a fiscal year ending June 30. Each year, by July 1, the City Council shall adopt a budget for the Development Agency in conformance with provisions of ORS 294 (the local Budget Law) and ORS 457.460 which shall describe its sources of revenue, proposed expenditures and activities. The Development Agency shall submit its proposed budget to the City's Budget Committee for its review and approval and such Agency shall not undertake any activities nor expend any funds except as provided in the budget approved by the City Council. 30 SECTION 800. ANNUAL FINANCIAL STATEMENT REQUIRED 801. REQUIRED FINANCIAL STATEMENT ORS Section 457.460 requires that the Development Agency, by August 1 of each year, prepare a statement containing: A. The amount of tax increment revenues (ORS 440(4)) preceding fiscal year and from indebtedness incurred by ORS 457.440(6); B. The purpose and amounts for which such money were expended during the preceding fiscal year; C. An estimate of tax increment monies to be received during the current fiscal year and from indebtedness incurred under ORS 457.440(6); D. A budget setting forth the purposes and estimated amounts for which all such monies are to be expanded during the current fiscal year; and E. An analysis of the impact, if any, of carrying out the Development Plan on the tax rate for the preceding year for all taxing bodies included under OR 457.430; F. If the August 1 deadline to met provisions of the ORS Section 457.460 is changed by the legislature, then the Agency will conform to the new date to prepare the requirement statement. 802. STATEMENT FILED AND PUBLISHED The statement required by subsection 801 shall be filed with the City Council and notice shall be published as provided by state law that the statement has been prepared and is on file with the City and with the Development Agency and the information contained in the statement is available to all interested persons. The notice shall summarize the required information as set forth in subsection 801 herein. 31 SECTION 900. CITIZEN PARTICIPATION The activities and projects identified in this Plan, the development of subsequent plans, procedures, activities and regulations,and the adoption of amendments to this Plan shall be undertaken with the participation of citizens, owners and tenants as individuals and organizations who reside within or who have financial interest within the City Center Development Area and with the general citizens of the City. For this purpose the City Council established the City Center Plan Task Force to advise and assist in the details and preparation of this Plan. The Council has also established the City Center Development Advisory Commission to advise and assist it and the Development Agency in implementation of and any future amendments to this Plan. 32 SECTION 1000. NON-DISCRIMINATION In the preparation, adoption and implementation of this Plan, no public official or private party shall take any action or cause any persons, group organization to be discriminated against on the basis of age, race, color, religion, sex, marital status or national origin. C 33 SECTION 1100. RECORDING OF PLAN A copy of the City Council's ordinance adopting this Plan under ORS 457.095 shall be sent by the Council to the Development Agency. Following approval of this Plan as required by the City Charter, the Agency will have the Plan recorded with the Recording Officer or Washington County. (. 34 SECTION 1200. PROCEDURES FOR CHANGES OR AMENDMENTS IN THE APPROVED CITY CENTER DEVELOPMENT PLAN This Plan will be reviewed and analyzed periodically and will continue to evolve during the course of its implementation. The Plan may be changed, clarified, modified or amended as future conditions may warrant. Where, in the judgment of the Development Agency as guided by the definitions and criteria contained in this Plan, the proposed modification will substantially change the Plan, the modification must be duly approved by the City Council in the same manner as the original Plan before the change can be implemented. 1201. MINOR CHANGES Any change that is not a substantial change, as defined in §1202, shall be proposed by resolution of the Development Agency in which the details of the minor change or changes shall be described. 1202. SUBSTANTIAL CHANGES Substantial changes to this Plan, if any, shall be approved in the same manner as the original Plan, pursuant to ORS 457.095 and ORS 457.220. Substantial changes to this Plan shall include the following: A. An increase in the land area within the boundaries of the development area; B. An increase in the duration of the Plan, as described in §1301; C. The addition of any new project, not otherwise identified in the current Plan. The Development Agency shall determine whether a project is a "new project,` pursuant to §200. 1203. AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN OR TO ANY OF ITS IMPLEMENTING ORDINANCES: IMPACT ON DEVELOPMENT PLAN From time-to-time during the implementation of this Development Plan, the Planning Commission and the City Council of the City of Tigard may officially approve amendments or modifications to the City's Comprehensive Plan and 35 Implementing ordinances. Furthermore, the City Council may from time-to-time amend or approve new building, Health and Safety Codes which affect the implementation of this Development Plan. When such amendments, modifications, or approvals have been officially enacted by the City Council, such amendments, modifications, or approvals which affect the provisions of this Plan shall, by reference, become a part of this Plan as if such amendments, modifications, or approvals were fully stated in the Plan. The City Council shall forward to the Development Agency copies of council actions described above, and the Development Agency shall prepare and approve a resolution recognizing that such changes constitute minor changes to this Plan, as provided for in §1201 above. The minor changes described in this section shall not effectively amend the Development Plan until such time as the Development Agency's resolution becomes final. 36 SECTION 1300. DURATION AND VALIDITY OF APPROVED DEVELOPMENT PLAN 1301 DURATION OF DEVELOPMENT PLAN This Plan shall remain in full force and effect for a period of not more than sixteen (16) years from the effective date of this Plan or from July 1,1990, whichever date is later and that period of time necessary to retire any debt. The Plan may be terminated prior to the time set forth above, subject to the requirements of this Section and ORS CHAPTER 457, if the City Council finds that there is no longer a need for an urban renewal plan. Such findings shall be adopted by non-emergency ordinance. Any extension beyond sixteen (16) years shall require an authorized extension and shall be considered as a substantial change pursuant to Section 1203. 1302 VAUDITY Should a court of competent jurisdiction find any word, clause, sentence, section ff or part of this Plan to be invalid, the remaining words, clauses, sentences, sections or parts shall be unaffected by such finding and shall remain in full force and effect for the time period described in subsection 1301 and 701. 37 • / TIGARD CITY CENTER DEVELOPMENT REPORT io ,%' ‘' .,,,,- , f , s• li i' ..1 ::ff- *4:. 7, •,, .:.`mss• ��I� . N• 4 Vre it,oe# Vi , V 41 % V.? ,e 4* A \ "‘" ..,:., s-4:41,, idt: 0111 JUNE 1, 1989 C C FORWARD The Tigard City Council by resolution adopted on June 12, 1989, accepted the City Center Development Plan and Report drafts dated June 1, 1989. These drafts contain modifications requested by Council as a result of public testimony received in public hearings in March and April 1989. CThe documents have been released in draft form for public discourse and may be modified as a result of public input. Final adoption is expected to occur in September, 1989. • C CITY CENTER DEVELOPMENT REPORT JUNE, 1989 PREPARED BY MOORE BREITHAUPT AND ASSOC. CITY COUNCIL CITY CENTER PLAN TASK FORCE Gerald Edwards - Mayor Stuart K. Cohen, Chair Valerie Johnson R. Michael Marr - Vice Chair Carolyn Eadon Joy Henkle • John Schwartz Pam Juarez Joe Kaston Richard Morley Jolynn Ash - Former Member William A. Monahan - Former Member PROJECT STAFF Ed Murphy - Community Development Director Liz Newton - Senior Planner Duane Roberts - Assistant Planner f Y °` TABLE OF CONTENTS INTRODUCTION 1 Section 100. DESCRIPTION OF EXISTING CONDITIONS AND ANTICIPATED IMPACTS 1 101. Physical Conditions 1 101.1 General Description 1 101.2 Floodplain 1 101.3 Planning and Zoning 1 101.4- Land.Use 1 Existing Land Use 5 Establishments by SIC Code Type 5 101.5 Existing Lotting Patterns 5 101.6 Street Classifications and Improvements 6 101.7 Traffic Safety 6 101.8 Access 6 101.9 Other Infrastructure 8 102. Social and Economic Conditions 11 102.1 Population 11 Development Area Population Assumptions 11 Population of Development Area, City, County and Region 11 102.2 Income 11 Tigard 1979 Household Income 12 102.3 Housing 12 ( 102.4 Employment 12 103. Property Values in Development Area 13 104. Impacts of the Plan in Light of Added Services or Increased Population 13 105. Percent of City Represented in Development Area 14 SECTION 200. REASONS FOR SELECTION OF CITY CENTER AS THE DEVELOPMENT-AREA 15 SECTION 300 RELATIONSHIP BETWEEN PROJECTS TO BE UNDERTAKEN UNDER THE PLAN AND EXISTING CONDITIONS IN THE AREA 16 SECTION 400. PROJECT ACTIVITIES -TIMING, FUNDING SOURCES & COSTS 17. 401. Timing, Description, Estimated Cost & Funding Source 17 401.A Projects, Costs & Funding Sources: Fiscal Years 1991-1995 18 Period 1991-95 Revenue Summary 19 Period 1991-95 Project Descriptions 19 401.6 Projects, Costs & Funding Sources: Fiscal Years 1996-2000 22 Period 1996-2000 Revenue Summary 23 Period 1996-2000 Project Descriptions 23 401.0 Projects, Costs & Funding Sources: Fiscal Years 2001-2005 25 Period 2001-2005 Revenue Summary 26 Period 2001-2005 Project Descriptions 26 I 402. Summary of Funding Sources 27 SECTION 500. FUNDS REQUIRED, TAX INCREMENT PROCESS AND YEAR OF AGENCY'S INDEBTEDNESS BEING SATISFIED. 28 501. Projections of Incremental Values and Revenues 28 Development Activity Worksheet 29 ( 502. Cash Flow, Debt Repayment, and Year Debt is Satisfied. 30 i , . •. . , .. . 4 503. Finding of Financial Feasibility 30 Projected Tax Increment Cash Flow 30 SECTION 600. TAX INCREMENT FINANCING IMPACTS ON OVERLAPPING TAXING DISTRICTS 31 601. Taxing District Valuations, Levies, and Rates - History and Projections 31 Taxable Value of Overlapping Districts Historical and Projected 31 Imputed and Projected Levies Overlapping Taxing Districts 32 Tax Rates - Historical & Projected Overlapping Taxing Districts 32 602. Development Area Valuation Relative to Districts' Valuations. 33 603. Analysis and Projection of Tax Rate Impacts 33 SECTION 700. RELOCATION REPORT 36 . 701. Relocation Analysis 36 702. Relocation Methods 36 703. Housing Deletions & Additions 36 SECTION 800. CITIZEN PARTICIPATION 37 UST OF TABLES Table 1 Existing Land Use 4 Table 3 Development Area population Assumptions 11 ( 4 Table 4 Population of Development Area, City, County and Region 11 Table 5 Tigard 1979 Household Income 12 Table 6 Existing Conditions 16 Table 7 Projects, Costs & Funding Sources: Fiscal Years 1991-1995 18 Table 8 Projects, Costs & Funding Sources: Fiscal Years 1996-2000 22 Table 9 Projects, Costs & Funding Sources: Fiscal Years 2001-2005 25 Table 10 Total Funding Source Summary 27 Table 11 Projected Tax Increment Revenues 28 Table 12 Development Activity Worksheet . 29 Table 13 Projected Tax Increment Cash Flow 30 Table 14 Taxable Value of Overlapping Districts Historical and Projected 31 Table 15 Imputed and Projected Levies Overlapping Taxing Districts 32 Table 16 Tax Rates - Historical & Projected Overlapping Taxing Districts 32 Table 17 Relationship of Development Area Valuation to Overlapping Districts 33 Table 18 Impacts on Tax Rates in Four Most Affected Districts 33 Table 19 School District 23J Tax Rate Impact 34 Table 20 City of Tigard Tax Rate Impact 34 Table 21 Tualatin Rural Fire Protection District Tax Rate Impacts 35 Table 22 Washington County Tax Rate Impacts 35 UST OF MAPS Map 1 CITY CENTER DEVELOPMENT AREA 2 Map 2 FANNO CREEK FLOOD PLAIN 3 Map 3 STREETS, CURBS & SIDEWALKS 7 Map 4 STORM DRAINAGE 8 Map 5 SANITARY SEWERS 9 Map 6 WATER DISTRIBUTION SYSTEM 10 ( ii . . . . . .. . . . INTRODUCTION This Report on the City Center Development Area is prepared to provide essential background information on the Area to the City Center Development Agency,the Tigard Planning Commission, the Tigard City Council, and citizens. It is prepared to comply with provisions of State Law concerning urban renewal plans (ORS 457.085) and is to accompany Tigard's City Center Development Plan and should be read in conjunction with R. Section 100. DESCRIPTION OF EXISTING CONDITIONS AND ANTICIPATED IMPACTS 101. Physical Conditions 101.1 General Description The Development Area encompasses some 186 gross acres, approximately 120 buildable acres and 165 separate tax lots, all within the city limits of Tigard.The boundaries of the Development Area generally include Highway 99W on the North, S.W. Hall on the east,and S.W. McKenzie and S.W. Hill on the west.To the south, the boundary is irregular and follows lot lines north of S.W. • Omara St. Refer to the following Map 1 for specifics. 101.2 Floodplain Fanno Creek crosses the area from the northwest to the southeast and separates the vacant 13.4 acre SeaFirst property from the remainder of the Development Area. The floodplain associated with the creek varies in width from approximately 200 feet to over 700 feet. The creek and floodplain create a barrier to both pedestrian and vehicle traffic. (See: Map 2 showing flood plain). 101.3 Planning and Zoning The Development Area is planned and zoned CBD (Central Business District). The CBD zone allows civic uses, commercial uses, and medium to high density residential uses. 101.4 Land Use A wide variety of land uses exist within the Development Area including both conforming and non-conforming uses. The uses in the area that are permitted in the CBD zone include commercial, civic,and medium to high density residential uses. In addition,the area includes the following non-conforming uses: industrial, single family, and mobile homes. The prevalence of non-conforming uses in the Development Area represents improper utilization of the land within. the Development Area. S.W. Bumham Street exists as a primary link between S.W. Main Street (the commercial core) and S,W, Hall Street (the City Hall area). Land uses along S.W. Bumham Street include a mix of industrial,commercial. public/semi-public,and single family residential. Based on street frontage, approximately 37% of the property along S.W. Bumham is currently used in ways which do not conform to City zoning and plans for the area. Excluding streets and railroad right-of-way, the Development Area is approximately 136 acres in • size. Within the Development Area approximately 34.2 acres are vacant with approximately 35% of the vacant acres located within the floodplain. Excluding the 34.2 vacant acres. 102.3 acres are developed. Based on an analysis of current land use, non-conforming uses occupy 19% of the developed acres within the Development Area. 1 i Map 1 CITY CENTER DEVELOPMENT AREA / ■ ST* -' fiAl d. s • 4f,*###4. • 4. 8. 4;# • %44c/, OMAHA$? 2 MAP 2 FANNO CREEK FLOOD PLAIN /61 . .6 OAW r 4 Ali �4 ._4 .*4 Iw II, . 'c , .; co.. ■ C. J ,1 %:°'4( ®� � ,.#'4,,1' • jr 1 0#Plittri "/ .. J ., r S // ANNO .2,x V'i PARK TIGARD � CIVIC 40411 GAR' NAM., •ENIOR ---"••S ENTER 3 3' • J. I 3 • Actual land use within the Development Area is shown in the following table. Table 1 Existing Land Use Land Use Acres Conforming Uses Commercial 37.5 Public/semi/public 24.8 Multi-family 11.3 Park 9.2 Non-Conforming Uses Single family 5.5 Mobile Homes 2.0 Industrial/other* 12.0 Sub-total Developed: 102.3 Vacant 34.2 Total 136.5 *Note: Some other commercial uses do not meet Zone Code requirements for parking, landscaping maintenance and prohibitions on open outdoor storage. There were 167 business establishments, including public and religious, in the area as of February 1988. The distribution of these establishments by type of business is shown on the following table: 4 f Table 2 Establishments by SIC Code Type February 1988 SIC Type of Business No. of So. Ft. X No. of Establ. X 7 Agri. Services 9,440 1.61% 4 2.40% 15 Gen. Contractor 2,030 0.35% 3 1.80% 17 Specialty Contractor 18,175 3.10% 7 4.19% 20 Food Manufacturing 27,340 4.66% 1 0.60% 25 Furniture Manuf. 1,730 0.30% 1 0.60% 27 Printing 20,170 3.44% 5 2.99% 35 Machinery 7,320 1.25X 3 1.80% 39 Misc. Manufacturing 4,500 0.77X 1 0.60X 41 Local Transit 2,000 0.34% 1 0.60% 43 Trans.& Warehousing 14,400 2.46% 1 0.60% 48 Communication 53,698 9.16% 2 1.20% 50 Whlsl: Durable Goods 21,825 3.72% 6 3.59% 51 Whist: NonDur. Goods 27,500 4.69% 5 2.99% 52 Bldg Material Dlrs 23,300 3.98% 4 2.40% • 53 General Merchandise 2,950 0.50% 1 0.60% 54 Food Stores 3,500 0.60% 1 0.60% 55 Service Stations 27,800 4.74% 5 2.99% 56 Apparel 3,595 0.61% 3 1.80% 57 Furniture Stores 3,750 0.64% 3 1.80% 58 Eating & Drinking 23,050 3.93% 10 5.99% 59 Misc. Retail 38,450 6.56% 14 8.38% 60 Banking 19,500 3.33% 3 1.80% 64 Insurance 4,000 0.68% 4 2.40% 65 Real Estate 2,500 0.43% 2 1.20% 72 Personal Services 16,670 2.84% 15 8.98% ( 73 Business Services 9,140 1.56% 8 4.79% 75 Auto Repair 25,900 4.42% 11 6.59% 76 Misc. Repair 10,950 1.87% 7 4.19% 79 Recreation 10,000 1.71% 1 0.60% 80 Health Services 10,400 1.77% 8 4.79% 81 Legal Services 7,870 1.34% 5 2.99% 83 Social Services 9,580 1.63% 5 2.99% 86 Nonprofit Org. 105,000 17.91% 7 4.19% 89 Misc. Services 18.126 3.09% 10 5.99% 586,159 167 Note: SIC is Standard Industrial Classification 101.5 Existing Lotting Patterns The Development Area exhibits an inefficient lotting pattern for the planned CBD uses. The area includes 165 lots with an overall average lot size of 37,730 square feet. Forty-one percent (41%) of the lots are less than 12,500 square feet in size. Small lots inhibit new development and require consolidation of properties for new planned commercial uses. Excluding parcels greater than 2.5 acres in size, 31 lots are classified as flag lots, are land- locked, or have a depth greater than twice the width. The lot configurations of these parcels constrain development by limiting full utilization of the entire parcel. 5 101.6 Street Classifications and Improvements - Existing streets within the Development Area are classified as follows on the City Comprehensive Plan: Street Classification Pacific Highway 99W State Highway S.W. Hall State Highway S.W. Main Major Collector S.W. Bumham Major Collector S.W. Commercial Minor Collector S.W.Tigard Minor Collector S.W.Ash (unbuilt) Minor Collector S.W.Ash Local S.W. Scoffins Local S.W. McKenzie Local S.W. Electric Local Public improvements along streets within the Development Area vary greatly. Main Street is the only street to include concrete curbs and sidewalks along its entire length. All other streets lack improvements to full City standards. (See: Map 3 showing location of street sections with curbs and sidewalks). Portions of S.W. Hall, S.W. Commercial, S.W. Burnham, and S.W. Scoffins do not meet street width requirements for the classification assigned.The bridge on Main Street is narrow and does not meet City standards. These conditions inhibit vehicular access into and through the City Center, discourage pedestrian use and thus inhibit commercial and medium to high density residential development. 101.7 Traffic Safety Narrow street and bridge widths as noted in the previous section create traffic safety hazard within the Development Area. Additional traffic safety hazards include: • Lack of turn lanes on S.W. Hall • Sight Distance on S.W. Hall inadequate • Sight Distance at S.W. Main and S.W. Bumham inadequate • Congestion in the post office area • Sharp curves on S.W. Scoffins • Turning conflicts on S.W. Scoffins • Bus turn movements on S.W. Commercial • Offset intersection at Scoffins and Hall/Hunziker ▪ RR crossing surface and signals need improvement In addition, the lack of sidewalks throughout the area poses serious safety hazards for pedestrians. 101.8 Access Vehicle access into and through the Development Area is inhibited. To enter the Development Area, southbound traffic on Highway 99W must use turn lanes on Highway 99W. S.W. Main intersects with Highway 99W at an acute angle which creates turning and access problems for traffic entering and exiting Highway 99W. As with most commercial enterprises, commercial uses along S.W. Main Street are dependent upon highway and street access. Access problems from Highway 99W, create limitation for successful commercial development in the area. Access through the Development Area is restricted by the lack of an adequate street system. Other than Highway 99W and Main Street at the edge of the Development Area, no existing streets cross the area in southwest to northeast direction. The lack of an additional southwest/northwest street, limits access and development between Bumham and Commercial streets and limits access from residential areas to the southwest of the Development Area. 6 • MAP 3 STREETS, CURBS & SIDEWALKS 41.111i iy . s ► h. • *-4( • eliov, S8 111, 14t, sr 1 41 • . CONCRlT6 t10[WALK �� " ` CONCIIKTE Cunt ———— . At►HALT Ci It 7 101.9 Other Infrastructure Storm Drainage This map showing the location of existing storm drains reflects the lack of fully improved streets which normally contain storm drains within their rights-of-way.According to the City Engineering Department. the major deficiency within the area is created by the railroad tracks which are an obstacle to drainage from the area to the north toward the creek. MAP 4 STORM DRAINAGE SYSTEM gig ...- 1 =I -, .� 1" \ ■t .-, s I , .../..;;;::_ ir 1., ig..:::::..-. % 6,dig*". . ♦ ♦ ■ Ob1T ks., *N . Sml . ( 64114A667-1, ••N i. 0A w----, .\\ I\ r i.\ 4Iltp • 41.0 . ie.' 4 -- t ..- IL ( ---�.- CATCH•ASIN --.0-- MANHOLE >--< CULVERT 8 Sanitary Sewers This map shows the existing sanitary sewers including the major trunk sewer for the greater Tigard/Beaverton ueng development and wouldnbe expanded withoutexisting major trunk developmention system is Qaste to new buildings were constructed. MAP 5 - SANITARY SEWER SYSTEM 00 . Alt\ , , 4e/s441‘ 1.1divie. 44,14444 ..-:„. 1" *4.0 ili At,, 1.42 S. S \ 111 A ts,,,• A , ,s,e 141 jW.••,-#‘4••N rd► di �. .ice( / ‘.*4 *A:frr ** 4,411101r4P/4 , \ \ .040‘/ \ / 7r iikillillik \ rill pkt/A. I ali • • MANHOLE 9 Water Distribution System The map below shows the existing water distribution lines within the Development Area.They are Ir deemed by the Tigard Water District to be adequate for existing development and capable of being expanded in response to new development and its requirements. MAP 6 . WATER DISTRIBUTION SYSTEM . k -,...,..,..„.„,,,,s,,,,,,.,.. ,,,,, ,, ., . . 12" . *41:t ' ,1 0.1; _ NO 4 C4 / ,#\ A 0 , • • N. 4#V t do 9 p p-1 ,0* 7 ii-k-.1044.1114 \ v \s. 0. ..„ .7.\ z . /. a- ,F . e- . \ 4111141111411111111r 12' i* 12- 10 • 11 102. Social and Economic Conditions 102.1 Population The total population estimated to be living within the Development Area as of November 1988 was 571 persons.This population estimate is based on a survey of housing units in the area and on the following persons per unit assumptions: Table 3 DEVELOPMENT AREA POPULATION ASSUMPTIONS 27 single family housing units x 2.64 persons/unit = 71 persons 249 multi-family units x 1.86 persons/unit = 463 persons 37 mobile home units x 1 person/unit = 37 persons Total persons 571 City of Tigard Dept. of Community Development Table 4 POPULATION OF DEVELOPMENT AREA, CITY, COUNTY AND REGION Area Population % Development Area 571 2.3% of City City of Tigard 24,573 0.2% of County Washington County 280,000 - Portland MSA 1,307,000 - City of Tigard Dept of Community Development 102.2 Income Household income data was collected for the 1980 Census and represents 1979 data. Evidence indicates that household income within the Development Area is less than that in the City as a whole. The evidence for this conclusion is drawn from the housing types, the pattern of predominate renter residence, the generally low rent levels and the low average value of the single family homes which do exist in the Development Area. This information is shown in the next section on Housing. C 11 Table 5 TIGARD 1979 HOUSEHOLD INCOME Income Level $0 - $2,500 1.56% $2,500-4,999 5.57% $5,000-7,499 5.34% $7,500-9,999 7.90% $10,000-12,499 6.84% $12,500-14,999 7.10% $15,000-17,499 7.01% $17,500-19,999 8.47% $20,000-22,499 8.92% $22,500-24,999 7.10% $25,000-27,499 5.28% $27,500-29,999 4.55% $30,000-34,999 9.27% $35,000-39,999 5.60% $40,000-49,999 5.17% $50,000-74,999 3.31% $75,000 + 1.02% no o iv�.v .wuofly A survey by the City of Tigard Department of Community Development in November of 1988 showed 313 housing units in the Development Area. Approximately 80% were duplex and multi- family, 12%were mobile-homes (all in one 37 unit mobile home park), and 8%single family.Thus there is an 80% to 20% split between multi-family and single family units. This compares to 64% single family and 36%multi-family in the entire Tigard-King City area according to a 1983 forecast made by the Metropolitan Service District for District 12 and cited in the City of Tigard Database (1988). The 1980 Census found that 54% of the housing units in Tigard were owner occupied. Approximately 50% of the single family homes in the Development Area (4.5% of all housing units) are owner occupied, and the remaining units are all rental. The average assessed value of the single family residences in the Development Area is$70,500. However, this is a misleadingly high figure since the land value is abnormally high compared to the building value. The ratio of building to land value is only.70 (an average of$41,438 for land and$29,058 for improvements). Healthy single family neighborhoods have an average ratio of 1.3 to 1.6. Rents for both multi-family and single family units are low to moderate in the Development Area. 102.4 Employment There are 167 establishments (including public and religious) providing employment within the Development Area. Total employment provided in the Area as of February 1988 was estimated by the city to be 1,169. The major types of employment currently provided in the Development Area are: Communications - 14.37% (168); Nonprofit Organizations - 12.49% (146), Eating and Drinking establishments -8.47% (99), Local Transit-6.76% (79), Special Contractor-6.07% (71), and Miscellaneous Services-5.56% (65).These employment classifications account for over half of the employment currently provided in the area. 12 103. Property Values in Development Area Property values for land and improvements have been compiled by City Planning Division staff for each separate tax lot within the Development Area.These values are for Fiscal Year 1987/88. A sample of 22 properties (13%of total)were chosen at random from within each of the 10 Tax Blocks within the area to track changes in total real estate assessed values over the past nine- year period. This survey showed a general increase in values during the 1980 through 1984 period with little change or some decrease in values, particularly among residential properties, from 1984 to 1989. The Washington County Department of Assessment and Taxation, Commercial Appraisal Section, is currently (January, 1989) conducting physical reappraisals of all properties within the • Development Area to establish new values as of January 1, 1989. In contacts with the Department it was reported that land values were highest on or adjacent to Pacific Highway (± $6/square foot); next highest for properties fronting on Main Street (± $4.80/square foot); and lowest for industrial-use properties not on either of these two major streets (± $2.80/square foot). 104. Impacts of the Plan in Light of Added Services or Increased Population Improvements to the street system in the area should reduce the City's costs of street maintenance. Similarly, the improvements to the street system should improve traffic flow which should, in turn, reduce fuel consumption, travel time, and air pollution. By encouraging the use of vacant or under-utilized land within the area,the assessed value base within the area should increase substantially.This improved assessed value base will benefit the overlapping taxing districts when the tax increment process is completed since they will then have a much higher assessed valuation within the Development Area upon which to levy taxes. Because the Plan will encourage the construction of some multi-family housing there will be an increase in the resident population of the area. The multi-family housing planned for the north bank of Fanno Creek Park is expected to eventually include as many as 500 units. This should translate to approximately 700 to 800 persons. As the Development Area is improved through implementation of the Plan, other residential developments may take place in other parts of the area, thus the total population living in the Development Area could easily increase from the current 571 to 1,500 over the next fifteen years. Since it is expected that most of the housing units developed within the area will be multi-family, it is likely that the predominate residents will be single and two-person households, with fewer school age children than the average Tigard household. Thus the impact on local school enrollment should be minimal. Greater commercial and residential development as anticipated under the Plan will place some added demands on the City of Tigard Police Department in terms of patrol, and property crime and traffic/parking enforcement Likewise, greater development will mean a potential increase in the demand for fire prevention and suppression by the Tualatin Rural Fire Protection District. However, for both the Police and Fire agencies, the anticipated demands created by implementation of the Plan should not require measurably larger budgets than could have reasonably been expected given the overall magnitude of growth and development anticipated over the next fifteen years throughout the entire City of Tigard and the entire Fire District. Additional discussion of financial impact is included in the section of this Report which details the impact of collecting tax increment proceeds on the tax rates of the eight overlapping taxing bodies. 13 105. Percent of City Represented in Development Area The City of Tigard has 6,460 total acres within its boundary. The Development Area has 186 acres or 2.88% of the total land area of the City. The total assessed value of the City of Tigard as of January 1,1988 was$1,326,114,000.The valuation of property within the Development Area was approximately$35,000,000 or 2.64% of the total city valuation. Both the land area and assessed valuation of property within the Area are well within the statutory limitations of 25% for cities of Tigard's population. (ORS 457.420) l 14 SECTION 200. REASONS FOR SELECTION OF CITY CENTER AS THE DEVELOPMENT AREA The following hedte and Inadequacies as described a in s� this ort were f ound within tCity Center area and are the reasons theea waselected as the Development Area. 1. The creek and floodplain create a barrier to both pedestrian and vehicle traffic. 2.The prevalence of non-conforming uses in the Development Area represents improper utilization of the land within the Development Area. 3. The Development Area exhibits an inefficient lotting pattern including small lots, land locked lots and lots whose shape inhibits development and use for Central Business District purposes. 4. Most streets in the City Center area do not meet full City standards including those for curbing, sidewalks, drainage and width. 5. Traffic Safety was found to be a problem in many parts of the City Center area. These problems included: narrow street and bridge widths. Additional traffic safety hazards include: • Lack of turn lanes on S.W. Hall • Sight Distance on S.W. Hall • Sight Distance at S.W. Main and S.W. Bumham Congestion in the post office area • Sharp curves on S.W. Scoffins • Turning conflicts on S.W. Scoffins • Bus turn movements on S.W. Commercial • Offset intersection at Scoffins and Hall/Hunziker • RR crossing surface and signals 6. The lack of sidewalks throughout the area poses serious safety hazards for pedestrians. 7. Vehicle access into and through the Area is inhibited. 8. Inadequate storm drain placement and availability. • 15 SECTION 300 RELATIONSHIP BETWEEN PROJECTS TO BE UNDERTAKEN UNDER THE PLAN AND EXISTING CONDITIONS IN THE AREA The most significant projects within the Development Area, both in terms of moving the Area toward becoming a real Central Business District and allocation of funds, are improvements to the street system.These projects improve access into the Area and to specific properties,enhance pedestrian and vehicular safety and upgrade the general appearance and attractiveness of the Area for its planned use. Full development of Fanno Creek Park and Tigard Square will create useful public open space which will help stimulate higher density residential development, additional commercial development and generally encourage greater numbers of people to use the Area. All projects are designed to help achieve goals set forth in the Urban Design Plan and the Development Plan for the City Center. Specific relationships of each project Identified in the City Center Development Plan to five categories of "blighting conditions' are set forth in the following table. The five categories encompass existing deficiencies and inadequacies with the City Center and follow the categories defined in ORS 457.010 (1). Table 6 Existing Conditions* Plan Proiect/Activity A B C D E 1 Main Street Bridge X 2 Main Street Reconstruction X X X 3 Pacific Highway Ramp X X 4 Tigard Street (part of Main) X X 5 Burnham Street X X X 6 Ash Avenue X X X X 7 Commercial Street X X X 8 Hall Boulevard X X X X 9 Scoffins Street (part of Ash) X X 10 Pacific Highway X 11 Fenno Creek Park Development X X X 12 Mini-parks X X X 13 Entryways X X 14 Public Art X X 15 Parking Facilities X X X 16 Tigard Square X X X 17 Greenburg Rd. Extension X 18 Towers X X 19 Program Administration X X X X X 20 Building Rehabilitation Assistance X X 21 Relocation Assistance X 22 Pedestrian Weather Protection X X *Key to Existing Conditions: A = An economic dislocation, deterioration or disuse of property resulting from faulty planning (lack of CBD development, Low land values off of Pacific Highway and Main St.) B = Laying out of property or lots in disregard of contours, drainage or other physical characteristics of the terrain and surrounding conditions (inadequate drainage, underutilized lots). C = Existence of inadequate streets and other rights-of-way, open spaces, and utilities (tack of improved streets, useable public open space). D = Existence of property or lots or other areas which are subject to inundation by water (inadequate storm drainage through railroad right-of-way.) E = Growing or total lack of proper utilization of areas resulting in a stagnant or unproductive use of land potentially useful and valuable for contributing to the public health, safety and welfare (non-conforming uses, vacant land, stagnant/declining assessed valuation, poor structure to land value ratios.) 16 Section 400. PROJECT ACTIVITIES -TIMING, FUNDING SOURCES & COSTS The selection of projects and activities was made by the City Center Plan Task Force after extensive review of City Center needs and recommended remedies in a number of specific areas. Street needs and projects were initially identified and discussed in joint meetings with the City's Transportation Committee and its consultant traffic planner, Kittleson & Associates. Fanno Creek Park development is based directly on the City's Park Master Plan as prepared by Mucase & Associates in collaboration with the Parks and Recreation Board and, for Fanno Creek, also in conjunction with the City Center Task Force. Improvements related to urban design arise from the Task Force's work with consultants Bart Guthrie and Donald Stastney in preparation of the City Center Urban Design Plan. Factors which are currently inhibiting private activity appropriate to a central business district and steps which might provide positive incentives for development were reviewed by the Task Force in their discussion of the City Center Market Evaluation undertaken by Hobson and Associates and others. Other projects and activities come from the Task Force's work with Moore Breithaupt & Associates in developing a combined array of these projects, improvements and activities deemed most effective In correcting blighting conditions and achieving the goals of the Development Plan. 401. Timing, Description, Estimated Cost & Funding Source The projects and activities which are included in the Development Plan are more fully detailed here and placed into one of three five-year time periods based on (1) their relative importance to achieving Plan objectives; (2) their importance in providing the necessary support and incentives for private redevelopment and new private construction; and (3) the availability of funding from tax increment revenues and other various funding sources. Following each summary of projects and activities (and their costs and funding sources) is a description of each project and its major components. The description is that of the project as conceived at the time of plan adoption, and has been used as the basis for estimating the cost of such project or activity. As the budget for each fiscal year of Development Agency activities is prepared, each project will be refined to more precisely accomplish Plan goals in light of then current conditions. This process will, in many cases, lead to some design changes and consequent changes in cost estimates. • 17 C 401.A Table 7 Projects, Costs & Funding Sources Period: Fiscal Years 1991-1995 (Amounts in Thousands) Funding Sources T tal 90st Prof t/Actfv F$ 90 Tax Increment $ 1. Building Renovation Assistance Main 700 Tax Increment 2. Burnham St. Realignment to Tigard/ 400 Special Assessments 1,100 3. Burnham/Hall Intersection turn lanes 130 Dept. of Transp. 130 &traffic signal 00 Special Assessments 4. Burnham St Improvement (east to Hall) 180 Tax Increment 1 0 • 5. Burnham St. Enhancements/ Beautification 50 Tax Increment 80 50 78 Tax Increment 78 6. Entryway, Landscaping, & Landmark Dev. 58 Parks cement 7. Fanno Creek Park Development - I & II 20 State Parks Grant 880 360 Tax Increment 250 Intersection Improv. 250 Dept. of Transp. 8. Hall & Pacific Hwy $700 G.O. Bonds 870 9. Main St. Bridge & Bumham Intersection 170 Tax Increment 680 Improvements 680 Tax Increment 6180 10. Main Street, Phases III, IV &V 100 Tax Increment 100 11. Main Street Enhancements/Beautification 100 Tax Increment 12. Parking Lot Dev. - Land & ImpPeriod Total $4,508 C. Period 1991-95 Revenue Summer $2,408 Tax Increment Revenues 708 City's G.O. Street Bonds 780 State's Dept. of Transportation Six Year Plan 500 City Parks Levy and/or Bonds er) 20 State Parks Grant (LD Districts atesessments X20 Bumham LocalImp. Total Revenues $4,508 ( 18 Period 1991-95 Project Descriptions 1. Building Renovation Assistance The Development Agency, with development of a low-interest loan program, would provide to qualifying businesses financial aid to assist and encourage structural renovations and improvements to enhance attractiveness and function of the buildings involved. Money suggested here could possibly be leveraged to provide for more significant loan amounts. 2. Burnham Street Realignment This is the realignment of Bumham Street to Tigard Street, 1050 lineal feet. The improvements consist of a 44-foot wide roadway with streetlights, a signal at Main Street and realigning Tigard Street from Hwy. 99W to Main Street. Acquisition of a 60-foot-wide right-of-way including any necessary buildings is included. Not included are any modified pedestrian crossings at Main Street or improvements to the existing Bumham Street. 3. Burnham-Hall Intersection Installation of traffic signal, improvement of turn lanes to provide easier access from Hall onto Burnham. This is a state-financed project to be coordinated with Burnham i improvement and compatible with new boulevard design of Hall. 4. Burnham Street Improvement. This includes improvements to 1,300 lineal feet of Burnham to full width major collector standards. The improvements consist of pavement widening, resurfacing, sidewalks and streetlights to complete the existing roadway. Acquisition of a 60-foot right-of-way is included. 5. Burnham Street Enhancement Placement of features similar to those of Main Street along sections of realigned Bumham near Main to complement new retail development. 6. Entryway Development, Landmark Structures This project activity follows descriptions within the Urban Design Plan calling for special identity features at major entryways into the Tigard City Center. Specific elements would be designed, budgeted and constructed as funds become available within the period from July, 1990 through June, 1995. 19 7. Fanno Creek Development Description of Fanno Creek park development and its major elements is from the Parks Master Plan as follows. A. Asphalt Trail (8' wide, 3,270 LF.) B. Bridge Relocation C. General Riparian Planting D. Path Lighting (39 each) E. East Entry 1. Plaza Paving (1,250 Sq. Ft.) 2. Display Kiosk & Park Sign 3. Benches (4) 4. Trash Receptacles (2) 5. Riparian Plantings 6. Irrigation (15,000 Sq. Ft.) F. Meadow Development G. City Hall Water Garden 1. Pond Excavation 2. Weir 3. Arbor and Arbor Patio 4. Planting 5. Irrigation (33,000 Sq. Ft.) 6. Benches (7) 7. Picnic Tables (7) H. Main Street Plaza and Water Garden 1. Plaza d. Planting e. Plaza Creekside Steps and Weirs 2. Weirs (2) 3. Pond Excavation 4. Rough Grading 5. Irrigation 6. Planting (Water and Tea Garden) 7. Riparian Planting 8. South Bank Asphalt Trail (8' wide, 1,020 LF.) Costs from the Parks Plan estimate have been increased to cover inflation, contingencies and obtaining additional land through purchase of fee title, easements or development rights. Projects described in summary are based upon two or three annual construction segments beginning in spring/summer of 1990. 8. Hall & Pacific Highway Intersection Improvements onf Hall is project, fullof Highway 99W tfunded by the o permit ate is dded turn uled to an ur in s plus elated improvemen. It includes ts too traffic i both sides9 Y signals. 20 9. Main Street Bridge & Bumham Intersection Improvements. This part of the Main Street Improvement includes bridge reconstruction to full pavement width with sidewalks, the reconstruction of pavement from the bridge westerly to Pacific Highway and the reconstruction of Bumham from its intersection with Main to the realigned Bumham (500 feet easterly from Main). Project includes a 28-foot roadway on 60 feet of right-of-way for Bumham and includes necessary property acquisition, sidewalks, street lighting and landscaping. • 10. Main Street. Phases III, IV & V. Phase III includes improvements from the bridge to the railroad crossing, 800 lineal feet. Phase IV includes improvements to the railroad crossing consisting of relocating the signal and cross arms and improving the surface crossing with a rubberized surface. This phase does not include resurfacing the two Burlington Northern tracks which are scheduled to be improved by Burlington Northern in the near future. Phase V includes improvements from the railroad crossing to the east end at Pacific Highway. 11. Main Street Enhancements Placement of architectural and landscaping enhancements such as benches, planters, pavement texturing, kiosks, along the busier portions of Main. 12. Parking Lot Development Development of strategically-placed public parking lots should take place within this first five- year period to meet existing and new demand for parking, primarily to serve customers of retail and service businesses. The proposed expenditure of $100,000 might provide for up to 40 off- street spaces in paved, lighted and landscaped lots depending upon location and time of acquisition and construction. • • 21 401.B Table 8 Projects, Costs & Funding Sources Period: Fiscal Years 1996-2000 (Amounts in Thousands) Project/Activity Funding Source Total Cost* 1. Ash Ave. Impr. - Walnut to Burnham $ 2,000 LI.D. Assmts 3,200 City G.O. Bonds $ 5,200 2. Building Rehabilitation Assistance 60 Tax Increment 60 3. Commercial St. Imp'. - Main to Hall 300 LI.D. Assmts. 200 Tax Increment 500 4. Entryways, Landscaping, Public Art 60 Tax Increment 20 Private Grants 80 5. Fanno Park Development - Phase III (Master Plan H.9 - H.13) 252 Tax Increment 252 6. Pacific Highway Ramp to Tigard St. 5,600 Dept. of Transp. 5,600 7. Public Parking Structure - 500 cars 3,500 Tax Increment 3,500 8. Tigard Public Square Development 1,500 Tax Increment 1.500 Period Total $16,692 *Note: Project costs reflect 4% per year inflation cost increase over current cost estimates Period 1996-200 Revenue Summary Tax Increment Revenues $ 5,652 City Capital Levy or Bond Issue 3,120 Commercial St. LI.D. Assmts 300 Ash Avenue LI.D. Assessments 2,000 State Dept. of Transportation 5,600 Private, State and/or Metro Arts Comm. Grants 20 Total Revenues $16,692 Note: it is estimated that about 60%of the Commercial St.improvements can be assessed to benefitted properties. Only about 40%of the Ash St. improvement can be assessed due to major expenditure on section bridging Fanno Creek Park. 22 " r Period 1996-2000 Project Descriptions 1. Ash Avenue Improvement. This Phase I includes improvements from Walnut Street to Bumham Street, 2450 lineal feet.The improvements consist of the signal revisions at Pacific Highway and Walnut Street, a separated roadway with a landscaped median and perimeter street trees,streetlights, connection to existing Ash Avenue,an elevated roadway over the floodplain and a abridge over Fanno Creek.Acquisition of a 75-foot wide right-of-way including any necessary buildings is included. Phase I does not include the median on the elevated roadway, improvemesits to Walnut Street at Pacific Hwy. or a signal at Bumham Street.The assumption is made that the Corps of Engineers' Permit will be granted without extensive administrative or engineering effort. 2. Building Rehabilitation Assistance. The Development Agency, with development of a low-interest loan program, would provide to qualifying businesses financial aid •to assist and encourage structural renovations and improvements to enhance attractiveness and function of the buildings involved.Money suggested here could possibly be leveraged to provide for more significant loan amounts. 3. Commercial Street Improvement. This project includes reconstruction of the existing roadway,except for recent improvements,from Hall Blvd.to Main Street, 1450 lineal feet. Improvements consist of a 40-foot wide pavement with sidewalks and streetlights. No right-of-way acquisition is required for a 60-foot wide right-of-way. This project does not include pedestrian crossings at Main Street or signals at Main Street, Ash Avenue, or Hall Blvd. 4. Entryways, Landscaping, Public Art Attainment of grants for art in public places through the Oregon Arts Commission or the Portland Metropolitan Arts Commission is contemplated for parts of this project.Specific sites for sculpture, mosaics, murals or fountains would depend upon future location of major public spaces or buildings most suitable for such features.Tax increment funds can be used as 'matching'money and for enhancements at entryways and elsewhere. 5. Fanno Creek Park Development - Phase III. This project for completion of the Parks Master Plan projects within the park includes the following elements: • H. 9. Tea House and Courtyard 10. Amphitheater 11. Water Jet 12. Pump at well 13. North Bank Asphalt Bicycle Path replaced 23 `r 6. Pacific Highway Ramp. This project, funded by Oregon Department of Transportation resources, would provide west- bound traffic easy access onto Tigard Street and the heart of the City Center commercial area. The City should work to secure this project as part of the State Highway Six Year Plan so that it might be funded and constructed during this second five-year period. Improvements to Tigard Street and the Tigard-Main-Bumham intersection undertaken in the first five-year period of the Development Plan would be designed to accommodate traffic from this future access point 7. Public Parking Structure. Construction of a multi-story public parking facility adjacent to Tigard Square is believed • necessary to provide adequate parking for customers of the retail and service businesses and offices in the area and for persons using the community center and attending events held in the • Square or Fanno Creek Park facilities. Development and implementation of a parking management program by the City is deemed desirable to achieve the most effective use of this structure and other public parking facilities. 8. Tigard Public Square. The Tigard Public Square serves as the focal point for commercial, cultural, and social activity for the city center area. It would be- - supported by adjacent shopping space and a public parking facility. The actual location and configuration of the square would be determined at a later date. • • 24 401.0 Table 9 Projects, Costs & Funding Sources Period: Fiscal Years 2001-2005 (Amounts in Thousands) Project/Activity Funding Source Total Cost* 1. Ash Avenue - Burnham to Hall via Scoffins $1,300 Assmts (Phases II & Ill) 2,700 Tax Increment $ 4,000 2. Building Rehabilitation Assistance 100 Tax Increment 100 3. Greenburg Road Extension 1,500 Tax Increment 1,500 4. Hall Boulevard - Pacific Highway 4,500 Dept. of Transp. to Fanno Creek 1,600 LI.D. Assmts 2,400 Tax Increment 8,500 5. Pedestrian Weather Protection 100 Tax Increment 100 6. Public Art 29 Tax Increment 50 Grants & Donations 79 7. Public Parking Facilities 500 Tax Increment 500 Period Total $15,379 *Note: Estimated costs for projects in this period include annual inflation factor of 4% over current year cost estimates. Period 2001-2005 Revenue Summary Tax Increment Revenues $ 7,929 State Dept. of Transportation 4,500 Local Improvement Dists.(LI.D.) Assmts 2,900 Arts Commission & Private Grants for Art 50 $15,379 25 Period 2001-2005 Project Descriptions 1. Ash Avenue, Burnham to Hall via Scoffins (Phases II and III). Ash Avenue Phase II Includes improvements from Bumham Street to Commercial Street, 750 lineal feet. Improvements consist of a signal at Burnham Street, a 44-foot wide roadway with street trees, and streetlights and a railroad crossing. Acquisition of a 60-foot wide right-of-way including any necessary buildings is included.The assumption is made that the railroad crossing permit will be granted without extensive administrative or engineering effort. Ash Avenue Phase III includes improvements from Commercial Street to Hall Blvd. and the realignment of Scoffins Street, 1100 lineal feet. The improvements consist of modifications to the signal at Hall Blvd. and Hunziker Street, removal of the signal at Scoffins Street, street trees, streetlights and the realignment of Scoffins Street to Ash Avenue. Acquisition of a 60-foot wide right-of-way including any necessary buildings is included. 2. Building Rehabilitation Assistance. This is additional funding for the business renovation and improvement program described in the 1991-95 period. 3. Greenburg Road Extension. This project is a full street extension of Greenburg Road between Greenburg Rd. and Hall Blvd. south of Pacific Highway, including acquisition of property,street lighting,landscaping, intersection improvements, full street improvements, and signalization modifications. 4. Hall Boulevard-Pacific Highway to Fanno Creek. This project is a full street improvement of Hall including a landscaped median strip, turn lanes at intersections, signalization, street lighting, perimeter landscaping and sidewalks. Project is anticipated to receive up to half the cost from State Department of Transportation funding (not for median and added landscaping and right-of-way costs); up to $2,000,000 from assessments against benefitted properties and the balance from Development Area tax increment funding. 5. Pedestrian Weather Protection. Assistance to private property owners in areas of heavier pedestrian traffic to construct awnings, marquees or other roofing structure over sidewalks and other pedestrian ways. 6. Public Art. Added funding for placement of public art in indoor or outdoor public space within Development Area. 7. PublicParking Facilities. s. Estimated here are costs for acquiring land and developing lighted, paved, landscaped parking lots at locations to serve added parking needs related to future commercial development within the City Center. Costs estimated at $3000 to $3500 per space provided. 26 C 402. Summary of Funding Sources Over the 16 year period in which projects and activities are to be accomplished, tax increment revenues constitute the most import funding source - providing 43% of needed project revenues in addition to funding interest on borrowed money and most of the administrative expenses.The following table shows major funding sources by 5 year period and for the 16-year Plan period. Table 10 TOTAL FUNDING SOURCE SUMMARY ($000's) • Source 1991-95 % 1996-00 % 2001-05 % Total % Tax increment $2,408 53.4% $5,652 33.5% $7,929 51.6% $15,989 43.7% UD 500 11.1 2,300 13.8 2,900 18.9 5,700 15.6 Dept.of Trans. 380 8.4 5,600 33.5 4,500 29.3 10,480 28.7 Other 1.220 27.1 3.140 18.8 50 0.3 4.410 12.1 $4,448 $16,892 $15,379 $36,579 C ( 27 • • • SECTION 500. FUNDS REQUIRED, TAX INCREMENT PROCESS AND YEAR OF AGENCY'S INDEBTEDNESS BEING SATISFIED. 501. Projections of Incremental Values and Revenues The following table shows projected incremental revenue on an annual and a cumulative basis. The projection is based on an assumption of no growth in valuation of existing properties during the period 1991 to 1994; 3% annual growth in now existing properties from 1995-1999; and 4% growth thereafter. During this period the value of new private development is added as it is projected for completion.A discussion of the assumptions used to project the composite tax rate used in the projection is included in Sub-section 601. of this Report. A description of the projected timing and scale of private development Is shown on Table 12. Table 11 Projected Tax Increment Revenues CITY CENTER DEVELOPMENT AREA - TIGARD Other District's TCV Growth Rate 11 = 2.00%(to 1994) 02= 3.00%(to 1999) N3= 4.00% Dcv. District's TCV Growth Rate N1 = 0.00%(to 1994) 12= 3.00%(to 1999) 13= 4.00% Original Frozen Base TCV = $35,000,000 Net Fiscal Projected Project Growth Over Annual T.(. Cumulative T.I Estmt'd Projected TCV Year Dev.Area TCV Values" Frozen Base Revenue Rever=t 1/ Tax Rate 2/ (No TI Value) 3/ 1989 35,000,000 0 0 0 0 $24.30 65,947,241,000 1990 35,000,000 0 0 0 0 $26.09 67,266,185,820 1991 36,540,000 1,540,000 1,540,000 41,020 41,020 $27.18 68,611,509,536 1992 40,300,000 3,760,000 5,300,000 147,094 1993 44,215,000 3,915,000 9,215,000 266,767 188,114 $28.32 69,983,739,727454,881 529.54 71,383,414,522 I 1994 47,280,000 3,065,000 12,280,000 361,032 815,913 530.00 72,811,082,812 1995 52,928,000 4,230,000 17,928,000 527,083 1,342,996 $30.00 74,995,415,296 1996 58,916,000 4,400,000 23,916,000 703,130 2,046,127 530.00 77,245,277,755 - 1997 65,258,000 4,575,000 30,258,000 889,585 2,935,712 530.00 79,562,636,088 1998 71,981,000 4,765,000 36,981,000 1,087,241 4,022,953 530.00 81,949,515,171 1999 79,090,000 4,950,000 44,090,000 1,296,246 5,319,199 $30.00 84,408,000,626 2000 87,394,000 5,140,000 52,394,000 1,540,384 6,859,583 530.00 87,784,320,651 2001 96,245,000 5,355,000 61,245,000 1,800,603 8,660,186 $30.00 91,295,693,477 2002 105,665,000 5,570,000 70,665,000 2,077,551 10,737,737 $30.00 94,947,521,216 2003 115,667,000 5,775,000 80,667,000 2,371,610 13,109,347 $30.00 98,745,422,065 2004 126,319,000 6,025,5'10 91,319,000 2,684,779 15,794,125 530.00 102,695,238,947 2005 137,637,000 6,265,000 102,637,000 3,017,528 18,811,653 $30.00 106,803,048,505 2006 0 0 0 0 0 * See: Projected Building Activity Worksheet for project values detail. • 1/ Tax Increment Revenue attributable to Tax Rate, Valuation, and tax collection efficiency. 2/ Estimated Tax Rate in City Center Development Area 3/ ProJection of True Cash Value excluding incremental value in the Development Area. 28 i /' Table 12 Development Activity Worksheet City Center Development Area - Tigard Oregon Private Development Activity Worksheet Commercial Apartment Total Year Valuation\l Valuation\2 Added Value 1990-91 1,540 0 1,540 1991-92 1,600 2,160 3,760 1992-93 1,670 2,245 3,915 1993-94* 730 2,335 3,065 - 1994-95 1,800 2,430 4,230 1995-96 1,875 2,525 •4,400 1996-97 1,950 2,625 4,575 1997-98 2,030 2,735 4,765 1998-99 2,110 2,840 4,950 1999-00 2,190 2,950 5,140 2000-01 2,280 3,075 5,355 2001-02 2,370 3,200 5,570 2002-03 2,450 3,325 5,775 2003-04 2,565 • 3,460 6,025 2004-05 2,670 3,595 6,265 * Commercial Valuation for 1993-94 is $1,730,000 less $1,000,000 for Tigard Square land aquisition. \l. Based on 345,000 sq.ft. of new commercial development over the next 15 years with 145,000 being retail space; 200,000 sq.ft. being office. Initial value of $50/sq.ft. for retail; $80/sq.ft. for Class B office development gives an intitial weighted average of $67/sq.ft. for "Commercial" development. This cost times 23,000 sq.ft. per year is escalated at 4% annually to reflect increased building construction costs and hence assessed valuation. \2. Low-rise apartment developemnt of 560 new units is assumed for the area; much of it located along the Fanno Creek Park. Initial cost of $54,000 per unit assumed (average 900 sq.ft. at $60/sq.ft.) . Values escalate at 4% annually. 29 f 1 i J. 502. Cash Flow, Debt Repayment, and Year Debt is Satisfied. Table 13 shows the projected tax increment cash flow of the Agency. Included are the annual tax increment revenues and certain interest earnings as described. Not included are Agency i revenues from other sources such as grants, LI.D. assessments and Oregon Department of Transportation. The table shows the sufficiency of projected tax increment revenue to meet projected project costs by the end of Fiscal Year 2004/05. 503. Finding of Financial Feasibility Based upon the Project Cost and Timing information contained in Section 400, the projection of Tax Increment revenue in Sub-section 501, and the cash flow projection shown in Sub-section 502.the Plan Is shown to be financially feasible of being substantially completed within the fifteen • years of tax increment use. Table 13 Projected Tax Increment Cash Flow CITY CENTER DEVELOPMENT AREA- TIGARD ANALYSIS OF: BORROWING AND TAX INCREMENT DEBT RETIREMENT CAPACITY 5 ---D/S RESERVE FUNDS Use of Increment BOND ACCUILI•D%8 • LNDD SALE TOTAL \FISCAL TAX INTEREST AND OTHER S.L3DS PROJECT DEBT SERVICE PROGRAM NON-BOND COVERAGE BALANCE LESS TEAR INCREMENT EARNINGS\1 REVENUE\2 SOLD%3 EXPENDITURES ►ATIIEMT BALANCE PAYMENTS ADMIN. DEBT\6 RATIO\7 ►ROGR11G 00 0 0 0 0 1999 0 0 0 0 0 0 0 __ 1990 0 0 0 • 0 0 20,000 0 -- 21,020 1991 41,020 0 150.09% 50,375 1992 157,095 3,061 850,000 817,000 85,000 92,501 105,000 50,000 115,000 254.06% 50,16% 1993 266,767 3,023 115,0006150,000 205,000 135.218 54,207 1995 361,032 3,210 1,200,000 1,261,000 120,000 221,971 105,000 1995 327,083 3,252 215,000 235,289 269,000 50,000 215,000 195.955 50,542 00 1,705,000 150,000 503,907 269,000 50,000 385,000 139.51% 52,705 1996 703,130 3,033 1,500,0528,151 504,000 75,000 315,000 176.51% 51,553 1997 087,285 3,162 315,000000 510,000 215.72% 52,781 1998 1,296,253,087 510,000 453,830 504,000 75• 134.74% 53,195 75.000504,000 720.000 1999 1,296,246 3,192 2,150,000 2,612,000 215,000 702,5090 962,000 75,000 510,000 160.12% 59,769 2000 1,540,384 3,192 510,000 765,000 187.17% 51,359 2001 1,500,603 3,086 765,000 836,700 962,000 75,000 2002 2,077,551 3,082 1,070,000 836,700 962,000 50,000 1,070,000 215.96% 49,991 1,360,000 886,902 962,000 50,000 1,360,000 256.53% 52,600 2003 2,371,610 2,9991940,116 962,000 50,000 1,675,000 279.08% 53,535 2005 3,07,529 3, 12 3.055.79050,000 3,058,798 -- (0)\9 2005 5,0117,528 3,212 3,058,798 996,523 %2,000 • 18,811,653 41,622 0 5,700,000 15,988,798 570,000 8,032.000 845,000 10,972,798 %I. Interest is assumed to accrue at 6%per year on prior year's balance. \2.Proceeds from land sales in 19--. \3.Bond issues ere level debt serial at 7.5%; Pi w/term of13�rs; 2debt 1s//tterm ee: of 111 years; I3 w/ter.of 9 years; P5 w/tern+ofyears \5.Total project expenditures are net tend proceeds p f13to pay .6). \S.10%of new bond proceeds spelled to DSR which ac uej'�Debt Retirement r year.Balance ald at eouteleto-pa.offrbotonds. \6.810.963 million in short ter.debt (projects)paid \7.A required coverage ratio of approxiaately 135%for issuree of new bonds is assumed. \8.Debt service has first call on money in fund. Program Adaini ion costs paid from fund after provision for debt service annually. \9. gods in 0/S Reserve Fund, applied to provide sufficient funds to pay all debt service in last year. Moore Breithaept 1 Assoc. ;roc. ( 30 i SECTION 600 TAX INCREMENT FINANCING IMPACTS ON OVERLAPPING TAXING DISTRICTS 601. Taxing District Valuations, Levies, and Rates - History and Projections. A total of ten separate taxing bodies currently levy property taxes on property within the boundaries of the City Center Development Area.The following three tables show a 7-year history of Assessed Taxable Values, Tax Rates and Levies for each of these districts. Each table also shows a five year projection to the year 1993/94. Assessed values are assumed to increase at 2% annually for these 5 years. Levies are assumed to increase at rates based on their historical growth tempered by Information obtained from interviews with the Districts.The individual growth rates assumed for each district are shown in the table.The projections of tax rates are based on the projected assessed values and projected levies - not on historical tax rates. Tax rates are shown in Table 16 growing to over$30 per$1,000 of assessed value by 1993/94. • For purposes of projecting taxgproperty taxt and at $impact the perftax increment$ ,000. Holding financing, ttax rates at imposed a stop on increasing property $30 is predicated on the following rationale: there will be some meaningful property tax relief provided as the State looks to either channel a greater share of income tax revenue into basic school support, an alternative revenue source to supplement property tax funding of schools is found, or the voters impose some limit on rates. Should this rationale prove incorrect, and rates continue to escalate beyond the $30 composite level, the effect will be to generate more tax increment revenue than shown at $30. If assessed value growth in the overlapping districts increases more rapidly than projected here, the effect will be to moderate tax rate increases. However, if assessed values increase due to greater growth and development or due to inflation, there will be upward pressure on levies, which in turn creates a counter-balancing push on tax rates. Table 14 Taxable Value of Overlapping Districts Historical and Projected 1. TASMts VALUE 0/OKRUMING TAXING DISTRICTS-CITY CENTER DEVILMENT NG FISCAL TORS 1902!13 TNROKII 1993/94 MLLE IN 1000•s) time' USA KC FORT MSO Tear 1.0.231 ESO CIT SIPS WATER DST. COJItT 02/03 1,373,330 7,364,917 005,964 1,439,543 714.964 7,360,917 5,900,337 7.360.315 1,361.917 7,360.917 03/10 1,177.010 7,700.970 m.321 1,306,097 766,000 7,013,090 6,317,974 7,172.091 7. M1 7.205.104 14/11 1,501,614 1,X3,497 032,749 1,611.951 025,334 1,440,533 6,20.150 1,460,533 4,448,533 05/06 1,690,243 9,240,304 906,360 1,702,036 067,332 9,341,197 7.577,610 7,344,197 9,341,117, �,� 16/17 1,732,157 9,517,300 957,117 1,761.696 956.153 9,090.721 7,095,307 9,69o,77D 9. 17/10 1,051,342 9,006.752 1,176.20 1.077,521 996,603 10,000,571 1,121,679 10,000,571 10,000.571 9.232,719 10/69 1,995,117 10,291.174 1,326,114 2,016,014 1,006,474 10,391.321 1.626,316 10,310.323 10,390,321 9,615,046 Projected Comb rote: -t*1994 2.00E 69/90 2,132.979 10,497,000 1,352,6366 2,036,334 1,106.203 10.606.293 1,592.102 10,606.293 10,604,295 9,007,347 90/91 2,073,639 10,706,940 1,379.439 2.097.461 1,130,361 10,016,420 0,764,651 10,111,420 10,111.420 10,003,491 91/92 2,113,112 10,021,071 3,407,203 2,139,410 1,152,975 11,034,709 1,939,932 11,004.700 11,034,769 10,203,561 12/93 2,157,414 11,139,500 1,435.421 z.10z.191 1,176,034 11,235.463 9,111.911 11,253.463 il,tss.413 10,407.135 95/94 2,200,542 11,364290 1.464,177 2,229.462 1,199,555 15,4O0,5% 9,301,126 11,410.594 11,410.594 10,615,711 C IINd bt w 499 Pert Portland,Nests hinpt fietSS, ti.fres Its D.College rd. s46 ►I$&TooCM record,. ferric*01 de net Inde*veltatians In nAtrwomh and Cltdrr D made. 31 Table 15 Imputed and Projected Levies Overlapping Taxing Districts 11. PROPOSED REDEVE1OP41T AREA-CITY OF TICARD IAWlEO ADD 910JEC110 LEVIES-FISCAL TEARS 1962/61 7051403 1993/96 FiscalFCC P01T MSD Year 1.0.23) ESO CITY 1F►D 1NILS DST. W.*T7 OSA 62/63 17.567.023 1,915.918 760,200 4,623,306 365,652 29,623.046 3,2611,496 4,200,054 1,031,64 1,600,096 63/04 18.713.717 2.024.092 914,004 4,746,726 275.760 16,501,030 3,853,966 4,487,548 1,495,549 1.224,42 84/85 19,169,283 2.169.029 903.914 5,029,312 305.374 16,627,850 3.319.118 4,311,10 3,46416,243 3,460,219 0,619 1,233,552 553 53/85 19,522,307 2,310.076 1,223.596 4,427,374 277,54 18,028,510 4,395.055 2, 86/67 19,913.592 2,396.045 1,036,107 5,291,391 258.242 27,327.853 1,973,347 8,237,119 4,167.013 1,399,081 87/66 22.403.656 2,573.150 2.380.853 5,069.326 189,370 25.101.655 2,923.804 8,900,500 3.000,217 2.308,191 80/09 25.515,678 2,666.968 2.524.595 5,015,563 159,929 30,693,785 3,019,273 9,567,502 4,041,587 3,304,691 I Ant.Crank 8.30% 5.80% 22.705 1.37% -12.901 0.60% -1.208 14.705 25.70% 15.40% Adk■ted 8.00% 4.005 5.008 1.50% 0.005 4.006 1.001 89/90 31,124,172 2,846.066 2,831,322 5,091,050 159,929 31,921,536 3,049,468 10,141.552 4,061,567 3,304,691 90/91 33,614,106 3,016,630 3,057,025 5,167,447 159,929 33.198,397 3,079,962 10.750.045 4,061.387 3,301.691 91/92 34.303,235 3,197,640 3.302.454 5,244,956 159,929 34,526,333 3,110,762 11,393,047 4,061,587 3,304,691 93/93 42,307.093 3,593.093 3,55/.983 5,423,487 159.921 159,929 37,347662 3,173367 ,253 12679 ,003,475 4978.759 ,061.567 3,304.691 304.601 93/04 62,341,093 3,593,093 3,551,963 5,403. mots.tamed on historical Valuations s d Rates Table 16 Tax Rates - Historical & Projected Overlapping Taxing Districts IIT.,*015YEARS u 7TAX SA v PP00 9031 REDEV 10P9RI AREA-CITY OF TIC4RD FISCA 0 93/94 Expressed es Rata per 51,000 of Assessed Venetian FiscalKC PORT ASD TOTAL 7.., 5.0.23! ESD CITY 5990 PATIO DOT. CORMTT USA 13.91 0.26 1.12 3.28 0.51 4.02 0.55 0.57 0.14 0.19 123.65 63/04 12.67 0.26 1.18 3.15 0.36 1.66 0.61 0.57 0.19 0.17 121.04 .53 34/69 5/53 12.52 0.26 1.36 3.12 0.37 1 93 0.58 0.36 0 37 0.16 619.47 66/37 11.36 0.25 1.94 2.99 0.32 86/87 11.36 0.25 1.94 2.99 0.27 2.62 0.25 0.65 0.43 0.16 121. 12 12.10 0.24 2.03 2.70 0.19 2.81 0.36 0.69 0.36 0.25 221.97 87/80 16.46 0.26 1.96 2.49 0.15 2.95 0.36 0.92 0.39 0.34 124.30 05/69 City of 73..d 10.76 bond Iewy added in 1909/90 89/90 15.31 0.27 2.85 2.4 0.14 3.01 0.35 0.96 0.36 0.34 26.09 90/91 16.21 0.28 2.96 2.4 0.14 3.07 0.35 0.99 0.35 0.33 27.18 1.03 0.36 0.32 29.32 32 91/92 15.17 0.30 3.20 2.44 0.14 3.19 0.34 1.03 0.36 0.32 25• 92/93 0.34 1.12 0.3% 0.31 30.82 93/96 19.ri 0.32 3.33 2.43 0.13 3.25 Venn City lard trey Included In 1909/90 Is r.Osed awn year M asee per66nnte es prejeeted Assessed Value pwth. 32 • t !. 602. Development Area Valuation Relative to Districts' Valuations. The current taxable value of land, improvements, tangible personal property (that used in a business) and public utility property (gas, electric & telephone lines and facilities and railroad property) within the Development Area is estimated to be $35- million. A comparison of this valuation to•the current valuation of each of the overlapping taxing districts is shown below. Table 17 Relationship of Development Area Valuation to Overlapping Districts District X Value within Development Area S.D. 23J 1.76X Educ. Serv. Dist. 0.34 City of Tigard 2.63 Tualatin Fire Dist. 1.73 Tigard Water Dist. 3.22 Washington County 0.33 United Sewerage Agency 0.42 • Portland Comm. College 0.33 Port of Portland 0.08 Metro. Service Dist. 0.08 Source; Moore Breithaupt & Associates, Inc. 603. Analysis and Projection of Tax Rate Impacts As the incremental valuation of properties within the Development Area grows, there will be some F.. impact on the tax rates of some of the overlapping districts. The impact will be larger where the ratio of incremental value to the taxing district's valuation Is larger and where the District's tax rate is higher. For the Port. Metro, PCC, USA, the ESD and the Tigard Water District,the impact is hardly measurable - less than a cent after fifteen years. Estimated tax rate impacts on the four taxing districts most impacted are shown below in Table 18. The total effect on the composite Tigard City tax rate is about 220 in Fiscal Year 1995. 550 in F.Y. 2000, 900 in F.Y. 2005 and a decrease of 910 in F.Y. 2006. Annual impacts are detailed in Tables 19 through 22. Table 18 Impacts on Tax Rates in Four Most Affected Districts (Cents per Thousand $ Valuation) District FY 1995 FY 2000 FY 2005 FY 2006* School District 23J 15.34e 38.760 63.190 (64.040 City of Tigard 4.01 10.19 16.71 (16.94) Tualatin R.F.P.District 1.92 4.84 7.89 (7.99) Washington County 0.49 1.23 1.99 (2.02) Total 21.76e 55.020 89.780 (90.990) * Fiscal Year 2005/06 is the year when incremental revenues are released for use by overlapping taxing districts. All other factors being equal, tax rates would decreased by these amounts. Source: Summarized from Tables 19 through 22. C 33 Table 19 School District 23J Tax Rate Impact • CITY Colt*11VEL0119%T AKA PROJECTED TAX IIVOCT CO S.D.23J 1.e.232 icy Growth 0.1.01• 2.000(0.19%)42• 3.002(0.1999)1/3• 4.007(2000$tl.re•fter) DSV.District'.ICV Orw,IL est.41• 0.006(0.1996)05. 3.001(0.1999)03• 4.0074000 3 thereafter) Original Fromm•0.e TCY• 031,000,000 • Ott -.Goss Projected-- Fiscal Projected Project Smith Over Annual T.I.MA•tiw T.1 lstR•d Projected ICV District Te.Rete Tow Dsv.Ar.s ICY Yolro• Proton lime Rstt. Ravine 1/ Tec Ret.2/($•11 Pelmet 3/ Tao Rete 4/ I9%00 S/ 1909 0,000,0010 0 114.4$ 1,993,117,000 114.46 10.0000 e 0 0 0 115.31 2,032,9) 40 115.31 10.0000 1991 35.540.000 0 0 9,3 1991 x,15.05 /,34e,003 1,540,000 x.464 26,466• 106.20 z,o7s,63e,m 146.46 10.0111 1992 40,300.000 3,760,000 5.300,000 04.129 113.593 617.16 2,115,111.75 07.20 ii 20 10.E 1993 44,215.00) 3,915,000 9,215,000 144,040 277.601 110.17 2,157.413,939 190 62,220,000 3,00.00030 1,110,000 231,E 0147,23200 1119.24 »24 9546,579.20/5 S11.0 95 1110.13534•, 1094 51,911.000 4,400,000 73,114.05 450. 1996 10,996,55 4,2.04,000 a,n4,loo 410,95/ 1,211,25 1111.24 2,334,576,4s1 111.44 10.1901 1997 45,250,000 4,575,000 30,25/,000 570,521 1.096.720 019.24 2,404,613,751 11 4S 1100. 2 2452 1191 71.11 00 1,000 4,745,90° 36,901, 0 007,244 2,544,005 $19.24 2,476,752.164 119.50 10.2916 199 11 79,090,000 4,930,000 44,0 ,05 031,326 3.397,330 119.24 2,551.054.70 619.57 10.3304 2000 97.396.000 5,140,000 52,394.°00 907.090 4,34:,230 119.24 2,453,096.00 619.43 10.6360 2001 11,x5.000 5,355,000 61,x5,000 1,154.747 5.540,016 119.24 2,759,220.794 2002 103,665,000 5,570,000 70,665.000 1,332,403 6,072.419 119.24 2.469.509,426 $19.73 10.4050 2003 1)5,047,000 5,775,000 40,667,000 1,320,992 0,393.412 S19.24 2,904,373,211 119.77 70.041 2004 126,3)9.000 6,025,05 91.319.000 1,721,038 10.115,230 519.24 3.103.748,140 919.12 10.5432 2005 137.637.000 4.313,000 102,437,000 1.935.241 12,050,491 119.24 3,227,890,065 119.07 10.6319 2006 143,1:2,000 0 100,142,000 0 0 119.24 3,357.013.940 819.23 (10.6404) •Sas:Prsjectd Mulleins Activity Worksheet for project Values detail. 1/ Tat Increment leva+w attributable to Tac Rat.,Valuation,and to collection efflcinary. 2/ Estimated Tao Mote in City Center Development Area 3/ Projection of Trap CpA value exclulina Incremental value 4/ Estlrtd *swim,Rata*sim,ealstence ofUrban ..Vo.Iograma Developant Area. Si !.Basted i.p.ct on to rote 6.to Urban Renew'Program'.use of incremental Valor 0 revenues. k Table 20 City of Tigard Tax Rate Impact cur 50711 DEVLL0 0017 AKA PROJECTED TAX IAPACT 00 CITT Of TICARD CII:Of 71(10 ICY growth Oats h: 2.00X(t.1994)02e 3.000(01 1999)03. 4.005(2000 1 tIeresfter) Pet.District's ICY Creeds Pato 41• 0.005(0.1994)12. 3.007(05 1999)/S. 6.00242000 1 thereafter) orlgint Protan lase TCS• $35,000,000 let --Cross Projected-- ilial Projected Project CreCroft!.Over Aon T.I.Cumulative T.I t•d Projected TOP Tea 0101 l/ 24041 S/ Tear MSalve .Are.ICY s• Fromm Deas Reveom re. Re en a 1/ Tao o tato 2/(Mo TI Value)) District To Rate 3/ • 1990 35,000,000 0 0 • 0 11.911 1,324.114.000 91.90 50.0000 1990 35.508,000 0 e 0 7 02.65 1,372.409.006 12.05 10.000012.96 10.0033 1992 46,300,000 3.540.000 5,3000,000 4,997 4,461 • 83.11 1.407.212.06 13.09 10.0114 1992 44,355,0 3,160,5 0 5,300,000 26,999 20.343 13.20 1,437.421.4741 13.22 50.0207 6 1992 44,213.05 3.915,05 5 9.215.0 24.490 09,761 13.20 1,49511 ,5 ,041 63.36 10.0183 1994 47.200,50 3.55.000 12.200.85 40,075 89,434 63.33 1.664,137.010 • 1993 52.921,05 4,230,000 17.990,000 50,506 147,944 13.33 1.55,061.121 13.37 S0.0601.-- 1996 54,916.05 4.400.00 5,916,000 70,047 225,991 67.33 1.553.392.954 0.38 10.0521 1997 63,250,000 4,573,95 30.00.000 • 10,744 324.736 63.33 /.599.902.043 13.31 10.0442 1990 71,111,50 4,765,000 36,001,000 120,604 443.419 13.33 1,647,099.104 13.41 10.0744 1999 79.090.05 4,930,000 44,090,000 143.083 569,302 13.33 1.697.336.077 46.42 10.0500 2000 07,304.05 5.140,85 52.30.05 170.066 760,20 $3.33 1,745,229.520 43.43 10.1019 2001 11.243,000 5,955.05 61.245.000 199.067 960,152 113.33 1,095.00,701 _ 13.44 1°.1x9 2002/5 5.465,°0• 5,570.0 70,665,05 230,65 1,190,760 0.33 /•101.272.x9 03.46 10.1200 2003 111.667.000 5,775.05 90.667.05 263,29 1,454,05 0.33 1,905,443,139 0.47 10.1410 2004 126,319,415 6.05,05 91.319,000 295 0lS 1.762.019 0.33 2./65.040.086 13.11 10.1541 2005 137.637.000 6,265.°0.102.07.05 334,94 2.50,945 0.31 2.547,671,410 $3.50 10.1471 2004 143.142.05 0 15,142.000 0 0 13.33 2,233.171.484 13.33 90.1604) •feet Pr•jastd oullNng Activity lorksbest for project volume detail. I/ Tea leer Gott Raversel attributable to Tea Oats•Valuation,and tat collection off iC1494T. 2/ Isthmoid Tom Mor 1st*In City Center eelopere Atm 3/ Projastlan.f Tn.Came Vales emclsdine IlIcr ntsl velum M as Sovelepasret Area. 4/ Estimated Tao Moto assuming existence.f Ur•sw Marl ProOra.. S/ Mot lasted Septet can tea rats due to 1kb.n Oatmeal ProDrr'.w M ircrorntal vete*0,,venae. ( 34 .r . ,. .1 Table 21 Tualatin Rural Fire Protection District Tax Rate Impact CITY CANTER 0020IUlt MEA MOM 1A5 IMPACT CO TU ALATIN FIRE'DISTRICT PIM DISTRICT Ta Growth Rate 91• 2.00500.1994)/2- 3.00541.1999)13. 6.005(2000 8 tMrwft.r) O.Y.DIs5rieNa to sr.wth late II• 0.005([.1994)62. 3.005(5.1999)0. 4.005(2000 4 dowdier) Orlelnel rr.t.n 0e..ICI• $33,000,000 Net --Cross Projected-- fiscal Protected MJ.et Growth Over Annul 1.1.Cl.uletly.1.1 [.Neta Protected TC/ District Tex Rote Yew. D.v.Ar s ICV Values• Freers Owes R.vw.n Revenue 1/ Tax tet.2/(ma 11 900)3/ Tel Ret.4/ Ispect S/ 1940 35,000.000 0 0 0 0 $2.49 2,016,014.000 52.49 00.0000 1990 35,000,000 0 0 0 0 12.43 2,036.334.200 12.40 10.0000 1991 36,540.000 1,540.000 1.540,000 3,713 3,713 12.4 2,097,460.966 12.4 10.0010 102 40.300,000 3.760,000 5,300.000 12.725 14,430 12.45 2,139,410,105 12.4 $0.0061 1913 44,215,000 3,913,000 9,215,000 22,035 38,473 12.46 2,102.190.309 02.45 $0.5103 1994 47,200,000 3,060.000 12,200,000 29,24 67,716 12.43 2,225,142,356 12.4 10.0135 1915 52,920,000 4,230,000 17,120.000 42,694 110,410 12.43 2,292.617,627 12.65 00.0192-- 1996 38,914,000 4,400.000 23,916,000 56,954 167.364 12.43 2,361,396.156 12.45 10.0249 1997 45,238,000 4,575.000 30,258,000 72,056 239,420 $2.43 2,432.238.041 12.4 50.0306 1998 71,901,000 4,765,000 36,181,000 88,067 327,487 12.43 2,503.205.182 12.47 100.014 1999 79,090,000 4,150,000 44,090,000 104,996 432,483 12.43 2,500,361.337 12.47 $0.0122 2000 87,394,000 5,140,000 52,394,000 124,771 557,254 12.43 2,683,575,791 12.48 10.0404 2001 16,245,000 5,335,000 61,245,000 145,049 703,103 12.43 2,790,918,822 12.48 10.0545 2002 105,665,000 5.570,000 70,665,000 168,282 071,304 12.43. 2,902.555.575 12.49 50.0606 2003 119,467.000 5,775,000 80,667,000 192,100 1,063,405 12.43 3,018,657,798 12.50 50.0667 2004 126,319,000 6,025.000 91.319,000 217,47 1,280,952 12.43 3,139,404,110 12.50 10.0728 2005 137,637,000 6,265,000 102,437,000• 244,420 1,525,371 12.43 3,264.900.275 12.51 $0.0789 2006 143,142,000 0 100,142,000 0 D 12.43 3,393,579,486 12.43 (10.0799) •See:Projected Wilding Activity Worksheet for project velure detail. 1/ Ten increment Ammo..ttribKdl.t.Tex Nate,Volowtlon, sad tea collection efficiency. 2/ Estimated Tea Rate in City Center Development Area 3/ Projection of Iry Cesh Value excluding incremental value in the Develop•ent Area. 4/ Estimated Tea tete assuming existence of urban turret Prows.. 5/ Estimated i.p.ct on tel rate we to urt.e lenewl Prgnv.'s use of incremental value 4 revenues. • 11:- Table 22 Washington County Tax Rate Impact CITY CI0E1 0[VE(00E$1 AREA 00JSCTED TAX IMPACT CO 1930)000.4 00.01 191501/00i CcuNST ICY Growth Rate/1• 2.005([.1994)12. 3.005(1.1999)93. 4.0002000 6 thereafter) • Ow.District'.TM Growth 5.t.VI• 0.005(1.1994)02. 3.0000,1999)/3. 6.00542000 I.thereafter) original Orogen S.se 10. $35,000,000 Net --Caws Mj.ct.d-• fists{ Projected Project Growth Or.,Amstel T.I.0.+ul.ttve 1.1 Estme'd Projected TCV District Tea let. t..r Dr.Ares ICY Values. Innen Wee lewry tevwv 1/ Tex late 2/(re TI valve 3/ Tem let.4/ Impact 5/ 1940 33,000,000 0 0 0 0 12.15 10,318,320,000 12.95 10.0000 1990 35,000,000 0 0 0 0 53.01 10,606,294,560 13.01 10.0000 1991 36,540,000 1,540,000 1,540,000 4,633 4,633• $3.07 10,810,420,451 13.07 10.0004 1992 40,300,000 3.760,000 5,300,000 16,257 20,890 $3.13 11,034,780,560 $3.13 10.0015 1993 4,215,000 3,915,000 1,215,000 28,008 49,690 $3.19 11,255,484,637 $3.19 10.0024 1994 47,210,000 3,065,000 12,280,000 39,112 88,810 13.25 11,450,594,330 $3.25 10.0035 1995 52,921,000 4,230,000 17,928,000 57,101 145,111 13.25 11,525,012,160 13.25 $0.0049-' 1996 $8,916,000 4,400,000 23,916,000 76,172 222,083 13.25 12.170,712,525 12.26 50.0064 1997 63,258,000 4,575,008 30,238,000 96.372 310,455 13.25 12,345,155,41 83.26 10.0079 1918 71,181,000 4,765,000 36,181,000 117.04 436,240 13.23 12,01,510.063 10.26 10.0093 1999 79,090,000 4,950,000 44,090,000 140,427 576,666 . 13.25 13,301,155,365 03.26 10.0151 2000 87,394,000 5.140,000 52,394.000 10.875 743,541 13.25 13,811,521,570 93.26 10.0125 2001 18,245,000 5,355,000 61,20,000 05,063 938,606 03.25 14,395.112,442 13.26 10.0139 2002 105,665,000 5,570,000 70,663.000 225,061 1,163,674 13.25 14,970,909,710 12.27 10.0134 2003 115,6eLoce 3.775,000 10,667,000 256,924 1,420,599 13.25 15,369,829,330 13.27 $0.016* 2001 126,319,000 6.025,000 0,319.000 290,851 1,711,450 13.25 14,192,622,503 13.27 10.0184 2005 137,637.000 6,265,000 102,637,000 326,409 2.038.349 13.23 16,040,07,403 10.27 10.0199 2006 143,142,000 0 108,142,000 0 0 13.23 17,513,140.499 13.25 (10.0202) .SIM'n8)010 901610 Activity Worksheet for project when detail. 1/ Tex Iser..wnt Revenue.ttrllut.bI.to Tea P.O.,V.Imation,end tax collection efficiency. 2/ Estimated Tet tat.In City Cantor 0sva.pe.nt Ara 3/ Projection ad True C.eh WW..MIWIry inv'eent.l value to the Development Ares. 4/ letlmated Tea Rete esnelng eNbtence.9 When Mineral h.4ree. S/ [attested 1001.n tea rete M to Urban bowel Pr.lrma'.w.f Incremerltst 0.11*I r.Vwew.. ( 35 ..r • S r • SECTION 700. RELOCATION REPORT 701. Relocation Analysis Acquisition of private property will be undertaken by the City and Development Agency in pursuit of extending or improving streets, in developing Fanno Creek Park, in developing public parking facilities, in assisting private developers who encounter obstacles in pursuing appropriate new or expanded commercial or residential developments and for the proposed Tigard Public Square and Community Center. Existing businesses and residences (owner-occupied or housing tenants) where relocation will • be required are anticipated to occur in 51 instances. They will require 8 business relocations, no owner occupied relocations,and 43 tenant relocations.Costs for such relocations are included in total project cost estimates. Under payment schedules now existing in the governing Federal Uniform Relocation Act, displacees will be eligible as follows: Businesses:Actual moving costs plus up to$1,000 for professional assistance in locating suitable alternate sites. Tenants: Up to $5,250 (as of 4/2/89) to cover rental assistance and moving costs. Owner-Occupants (if any): Up to$22,500 (as of 4/2/89) to cover costs and "interest rate differential" (loans at higher rates than on current house) costs. Based on the estimated types and number of relocations that may be necessary in achieving goals of the Development Plan, an approximation of relocations costs is as follows: 8 businesses at$20,000 = $160,000 (Tigard Square, Bumham Street Realignment, and Ash St. projects) 43 tenants at $5,250 = $225,750 (38 in Ash - Scoffins area; 5 other) 702. Relocation Methods The City Center Development Agency will adopt a resolution, establishing administrative rules relating to requirements for making relocation payments to persons displaced by City public improvement projects, and establishing eligibility procedures and appeal procedures. These regulations are intended to comply wit requirements of Oregon State Law governing relocation assistance to displaced persons and businesses. The Development Agency will prepare and maintain information in its office relating to the relocation program and procedures, including eligibility for and amounts of relocation payments, services available, and other relevant matters. 703. Housing Deletions & Additions There will be approximately one single family and 42 multi-family housing units eliminated through property acquisitions by the City or Development Agency over the term of the Plan within the Development Area. No new single family residences will be permitted within the CBD Zone which covers the Area. The construction of multifamily units will be encouraged, particularly adjacent to Fanno Creek Park. it is estimated that 500 to 600 apartment units will be constructed in the Area over the next 16 years. 36 SECTION 800. CITIZEN PARTICIPATION The primary focus of citizen participation activities in the development of the renewal plan for the City Center has been the City Center Study Task Force.This member group was established by the City Council in November, 1987, and has functioned continuously from then up to Council adoption of the Development Plan. There have been numerous public meetings of the Task Force during this=month period with interested citizens from both within and outside of the study area in attendance at most of these work sessions.Working with major staff support from the City's Planning Division, the Task Force developed a thorough knowledge of the proposed development area as it currently exists and an overall concept for what it should be in the future through the creation of a "Mission Statement." The thrust of this statement was to have the City Center function as a clearly identifiable center of Tigard's commercial, social, civic and cultural activity with a strong orientation to and flavor of the adjacent Fanno Creek Park. As the Task Force proceeded to developed specifics that would bring about the changes needed to move the City Center toward its desired future, it received assistance from consultant studies in five major areas: 1) Market Analysis 2) Fanno Creek master Plan Development 3) Transportation & Street Planning 4) Urban Design Plan 5) Urban Renewal & Financial Plan Development of park and street plans were also accomplished in cooperation with two other standing citizen advisory bodies of the City-the Tigard Park& Recreation Board and the Tigard Transportation Advisory Committee. During the fall of 1988 there were a number of joint public meetings with these groups to review presentations by consultants and to discuss how features of proposed parks and streets plans related to city-wide goals as well as to goals for development of the City Center. For details of each plan see"Fenno Creek Master Plan, "Murase&Associates, (1988), and Tigard Transportation Plan, Kittieson & Associates,(1989). Other activities of the City Center Task Force is achieving broader citizen input into their recommendations to City Council for the City Center Development Plan have included: • 3 breakfast meetings with Area Business and property owners • 3 small group meetings with Area business owners • 2 joint meetings with City Park and Recreation Board • 2 joint meetings with City Transportation Committee • Presentations to Water Board, Rotary, City Boards and Committees, Summerfield Civic Association, City neighborhood planning organizations • 10 newspaper articles during 16-month period • 2 City Newsletter articles • 2 Chamber of Commerce newsletter articles • Information booth at "Cruisln' Tigard" community event • Half-day community workshop on Vision Statement and market opportunities • Discussion topic in Fanno Creek Conference (annual city-wide community forum) • 2 questions on city center development included In Community-wide Mail-in Survey • Maintaining a complete set of Task Force records in the local government section, Tigard City Library 37 60. r7 NOTE: License Agreement Will Be Delivered Later In The Week. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 12, 1989 DATE SUBMITTED: June 2, 1989 ISSUE/AGENDA TITLE: Right-of-Way P VIOUS ACTION: None Use License Agreement - SW 93rd , Avenue and Mapleleaf ® REPARED BY: Community Development DEPT HEAD 0 \FITY ADMIN OK f REQUESTED BY: Trammel Crow Co. Ar PO ICY ISSUE Should the City enter into a licens agreement with Trammell Crow to allow them certain use of that portion of SW Mapleleaf and SW 93rd Avenue now being considered for vacation? The vacation hearing is scheduled for July 10,1989. INFORMATION SUMMARY The Trammell Crow Co. is requesting that the City grant them a license to perform certain construction work within the rights-of-way of those portions of SW 93rd Avenue and SW Mapleleaf Street now being considered for vacation. Council initiated vacation proceedings for these rights-of-way on May 22, 1989 and set the public hearing for July 10, 1989. As discussed on May 22, 1989, the Lincoln Five project requires a number of approvals. To date they have received a zone change approval, a site development review approval, and initiation of the above vacation. Trammell Crow feels they need to begin work (_ within these rights-of-way prior to the July 10, 1989 hearing, thus requiring the license. A proposed agreement was not ready as of this date, but will be delivered to Council prior to the June 12, 1989 meeting. The license agreement will specify that all work performed by Trammell Crow will be at their own risk, in the event that City Council does not approve the vacation. ALTERNATIVES CONSIDERED 1. Approve the proposed license agreement, which contains certain conditions, and allow Trammell Crow to work in the rights-of-way prior to the July 10, 1989 vacation hearing. 2. Deny their request for a license and require them to wait until the outcome of the vacation hearing. FISCAL IMPACT There are no significant fiscal impacts. SUGGESTED ACTION Staff recommends that Council approve the proposed license agreement, which contains certain conditions, allowing Trammell Crow to construct certain improvements within the above stated rights-of-way. br/License.rsc w. . LICENSE THIS LICENSE, given by the City of Tigard ("City") , entitles Trammell Crow Company, ("Grantee") , its successors and assigns, to the certain limited, described uses of the real property described in Exhibit A ("the Subject Property") and illustrated in Exhibit A-1. 1. The Subject Property is a portion of a dedicated, developed and undeveloped, public street right-of-way. The Subject Property is currently in the process of being vacated in part by the City. By this License, the City grants to Grantee the rights to make the following uses of the subject property: A. To park cars, trucks and other machinery. (This right includes the right to pave, mark the pavement, to construct curbs, to make such other improvements and alterations to the Subject Property as may be reasonably necessary to facilitate the road relocation of Lincoln Street as shown in Exhibit B, and to meet relevant requirements of the Tigard Municipal Code and such land-use requirements and limitations as the City may impose from time to time. ) B. To landscape areas of the Subject Property. C. To place upon the Subject Property piping, wiring, meter boxes and such other similar ancillary equipment, machinery, and supplies as may be useful to any legal business use of the adjacent parcels owned by the Grantee or utilized and/or developed with the adjacent land owners' permission. D. Any such use by Grantee of the Subject Property shall be in accordance with the conditions of approval of Grantee's site development review, file SDR 89-12. Such approval allows Grantee to obtain foundation permits for the Subject Property once this License is executed, but Grantee shall not be entitled to obtain a building permit for any structures on the Subject Property nor shall Grantee commence building any structures requiring such a permit on the Subject Property until the proposed street vacation is recorded. 4 . • . 2. The limitations of this License include the following: A. In the event that the proposed street vacations of the Subject Property are not accomplished by the City, then Grantee shall remove, at its expense and within 90 days of receipt of the written notice to do so from the City, any improvements made during the license period by the Grantee which the City requires in its notice to be removed, and any equipment or other items placed upon the Subject Property during the License period by the Grantee. B. Grantee accepts responsibility for the care and maintenance of the Subject Property. Grantee agrees to defend, indemnify and hold City harmless from any claim, loss or liability (including attorney fees incurred by City) arising out of or in connection with this License and any entry onto the Subject Property pursuant to this License or Grantee's failure to comply with its provisions, including, without limitation, any claim, loss or liability arising out of or resulting from the use of or activities on the Subject Property by Grantee, it agents, employees or invitees. C. This License shall expire 36 months from the latest date written beside the signature at the end of this document, unless sooner terminated by other conditions recited in this document or by the consent of all parties. ( D. In any event a lawsuit of any kind is instituted to obtain performance of any kind under this License, the prevailing party shall recover any such sums as the courts may adjudge for reasonable attorney fees and all costs and disbursements incurred therein, including any appeals from such court proceedings. EXECUTED THIS /a day of , 1989 on behalf of the City of Tigard. /J Mayor State of Oregon ) j'' � '� ) ss. County of WaOlifiek ) THIS INSTRUMENT_ � was acknowledged before me on {,yam , 1989 by G&taLd fewCucdS as and as`hia of the City of Tigard. O - Cai*� C (NOTARIAL SEAL) Notary Public for Oregon/ , My Commission expires: !) 5 /p k ,. • . - DESCRIPTION PROPOSED STREET VACATION PARCEL • May 18, 1989 �i A parcel of land in the northeast one-quarter of section 35, T.1S. , R.1W. , W.M. , Washington county, Oregon, said parcel being more particularly described as follows: Beginning at the northwest corner of Block 7, "Town of Metzger"; thence southerly along the westerly line of said Block 7, 300 feet to the southwest corner of said Block 7, which point is on the northerly line of County Road No. 1508; thence easterly along the southerly line of said Block 7 and northerly line of said County Road No. 1508, 200 feet to the southeast corner of said Block 7, which point is the southwest corner of County Road No. 1698; thence southerly, 50 feet to the northeast corner of Block 16, "Town of Metzger" , which point is on the southerly line of said County Road No. 1508; thence westerly along the northerly line of said Block 16 and southerly line of said County Road No. 1508, 200 feet to the northwest corner of said Block 16; thence southerly along the westerly line and westerly line extended of said Block 16, 315.7 feet to the southerly line of the plat of said "Town of Metzger"; thence westerly along said southerly line, 55 feet to a point 5 feet westerly of, when measured at right angles to, the easterly line of Block 15, "Town of Metzger" extended southerly; thence northerly along a line 5 feet westerly of, when measured at right angles to, the easterly lines of Blocks 15 and 8, "Town of Metzger", 665.7 feet to the northerly line of said Block 8; thence easterly along said northerly line and northerly line extended, 55 feet to the Point of Beginning. \2525 EXHIBIT A 6.N. c vcuer :erREEr I POrutOFBE 60141h/IAI6 er ------7-----i—c12 r7O ► r poo : i. 1 . 904 _• j•: 3 •i" 70! •• •l - �. • \ ' r V .I'f,M•� f • 1 WCAT EaF 5Gt1. WPC& F 5r. 1VioL� .i.�' it• •:••.. Sr • /004 »s �2800 2g01 1 1 I •.• • t ' m.. 1 . .",:',S,Y,C,#4R.' I 4i 1 Y.. I a . ; 1 1.1=too, - - -- ' ', 3400 '3300 5.. true rft I rouru of MErZGER , 1 ---------,--at—*—•------•----1 #2525 ( EXHIBIT A-1 PR • V4 OPO%%O S REE CAT1Out' ..°_,.P.C. # S.W 13RD AVEV E Incorporated 6LW MIQ .ELE11F SrREEr '�° g � `�1 �,s S.V/. l.OG1lSr _(._8`L.GtT-!) \,-4 u Li-7.: I5. ' p I 11•ILi !1110 L� l !il . ) N � AUL i y Ci // L ; . -��aauZ-.Pr! - ....15.1001:-,..... L_ I . . f ii M4FLCLFJ>Fri �" 43:11T.1617PArC�►Qc, '' .i a ., l a o(MV .•-•• li 1 61"411TWC. s`...,..... ......" 4, / li s . _17.7YP.lCJL V..G'Cl011 i ,, ,�• ,,yp i� . • i zw-&Ar.—! . .., ..._ . .. , —, . ,,,,. „---...., ot► .......„ o� / \ / \ f------"\— , ..„------- No --/ ,....... ..... ._.. -_ 1� rte' C1 ij blciyGSNRF. pl J.ioi1• •_. . IC Ir'—l'-irril rri---1 -m-i - . ---- --n--) I / 'r` ....____.N • / o ----i C , ) ,:1 //4 .--."--—......-..14.4. .---...-.. .. ...-...,,_ i (--~,� / EXHIBIT B i ? CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 12, _ DATE SUBMITTED: June 2, 1989 - ISSUE/AGENDA TITLE: Appropriation f PREVIOUS ACTION: «� Replacementof Damqed Property # j/ PREPARED BY: Wayne Lowry DEPT HEAD OK 7, CITY ADMIN OK r REQUESTED BY: POLICY ISSUE L Shall the Tigard City Council authorize the expenditure of insurance proceeds to replace damaged property in accordance with ORS 294.455. ===== == INFORMATION SUMMARY A public works vehicle used in the streets maintenance area was damaged beyond repair. The insurance company reimbursed the City for the value of the vehicle in the amount of $10'000. ORS 294.455 allows the City Council to appropriate the insurance proceeds by resolution in order to facilitate the replacement of the damaged property. ALTERNATIVES CONSIDERED 1. Approve the resolution and replace the vehicle. 2. Do not approve the resolution. / FISCAL IMPACT The cost of the replacement vehicle will not exceed the amount of insurance proceeds. SUGGESTED ACTION Staff recommends approval of the attached resolution. ke/9942D �� ^ ' 1111 CITY OF TIGARD, OREGON 41r COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 12, 1989 DATE SUBMITTED: ISSUE/AGENDA TITLE: Appointments to PREVIOUS ACTION: the Washington County Transportation%/ G/ Coordinating / �.� ittee '//PREPD BY: Randall R. Woole DEPT HEAD OK 1\\ CITY ADMIN OKi - './, � REQUESTED BY: AP = / 1 POLICY ISSUE Confirmation of City representatives appointed to the Washington County Transportation Coordinating Committee (WCTCC) . INFORMATION SUMMARY Recently updated by-laws of the WCTCC require that the City's representative be appointed by the City Council. Councilor Joe Kasten is currTenet C tyy Engineer serving as the City's primary representative to the WCTCC policy group. Randy Wooley has been serving as his alternate. It is requested that the City Council formally confirm these appointments. ALTERNATIVES CONSIDERED 1. Confirm appointments of existing City representatives to WCTCC. 2. Select and appoint other representatives. FISCAL IMPACT None SUGGESTED ACTION It is requested that Council, by motion, confirm the appointment of Councilor Joe Kasten as the City's representative Washington tCounty ty Transrpasationn Coordinating Committee and the appointment alternate representative. dj/WCTCC-SS.RW 7 CITY OF TIGARD, OREGON . 10 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 12 1989 DATE SUBMITTED: June 1, 1989 ISSUE/AGENDA TITLE: Noise Ordin- .ce PREVIOUS ACTION: Revision / INFO PREPARED BY: Keith Liden DEPT HEAD 0'1 \ ITY ADMIN 0 /%lel/ REQUESTED BY: P•LICY ISSUE Should the noise ordinance be amended to better address noise related impacts with emphasis on protection of residential uses. INFORMATION SUMMARY Because of the problems encountered with the Tigard Market Place Shopping Center, the Council expressed an interest in revising the existing noise ordinance standards in the TMC. The attached draft retains the maximum allowable noise level and adds average maximums that vary in accordance with the type of land use affected. Attached is a copy of the proposed ordinance and the existing Code provisions. 41r ALTERNATIVES CONSIDERED 1. Approve the revisions and approve the attached ordinance. 2. Approve the modified revisions and instruct staff to prepare a Final Order. 3. Reject the proposal and instruct staff to prepare a Final Order. FISCAL IMPACT SUGGESTED ACTION Approve the attached ordinance. br/Noise.ksl CITY OF TIGARD, OREGON ORDINANCE NO. 89- AN ORDINANCE AMENDING THE DEFINITIONS, PROHIBITIONS, AND REMEDIES REGARDING ALLOWABLE NOISE LEVELS IN THE CITY OF TIGARD AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council desires to amend the City's noise ordinance to better allow effective enforcement and control of offensive noise. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Sections 7.40.130 through 7.40.220 are repealed and replaced as follows: ARTICLE IV. NUISANCES AFFECTING THE PUBLIC PEACE 7.40.130 Noise - Definitions. For purposes of this Section and Sections 7.40.130 through 7.40.210, the following shall mean: (a) Ambient noise - means the all-encompassing noise associated with a given environment, usually being a composite of sounds from many sources near and far. For the purpose of this ordinance, ambient noise level is the level obtained when the noise level is averaged over a period of one hour at specific location without inclusion of noise from isolated identifiable sources. (b) Noise-receiving land use - means any portion of a structure which is intended for human occupancy that is the recipient of sounds that are generated from beyond the boundary of the property upon which the structure is located. This definition applies to noise-sensitive and commercial-industrial land uses defined below. (c) Noise-sensitive land use - means any portion of a church, children day care, hospital, residential group care, school, single or multi-family dwelling unit, and mobile home that is intended for living, sleeping, or eating. This definition excludes accessory areas or structures such as yard areas and garages. (d) Commercial-industrial land use - means any use which is a permitted or conditional use in the C-P, C-G, CBD, C-N, I-P, I-L, and I-H zoning districts, as identified in Title 18. 7.40.140 Motor vehicle noises. Except as may be expressly allowed pursuant to the provisions of Sections 7.40.190 and 7.40.200, no person shall operate a motor vehicle in such a manner or at such a location as to cause the noise created by the vehicle to cause the ambient noise level at the nearest noise- receiving land use to exceed the levels specified in Section 7.40.170 and as measured in Section 7.40.180. 7.40.150 Jake Brakes Prohibited. No person shall operate within the city limits of the city of Tigard a motor vehicle exhaust-braking system commonly known as a "fake brake". For the purposes of this section, the exceptions set forth in Section 7.40.190 shall not apply and this section shall be read as an }• absolute prohibition of the operation of such motor vehicle breaking systems within the city of Tigard. 7.40.160 Noise emanating from certain property. Except as may be expressly allowed pursuant to the provisions of Sections 7.40.190 and 7.40.200, no person shall cause or permit noise to emanate from the property under his or her control so as to cause the ambient noise level at the nearest noise-receiving land use to exceed the levels specified in Sections 7.40.170 and 7.40.180. 7.40.170 Allowable noise limits. Two noise standards shall apply when measuring noise levels at the noise-receiving land use as measured in accordance with Section 7.40.180 below: (a) Maximum noise levels. The following maximum noise decibel levels shall not be exceeded over 1% of the time (L1 dBA) averaged over a one hour period: Time of Day Maximum Noise Level, L1 dBA 7:00 AM - 10:00 PM 60 10:00 PM - 7:00 AM 55 (b) Average maximum noise levels. The following average noise decibel levels shall not be exceeded over 50% (L50 dBA) of the time averaged over a one hour period: Time of Day Maximum Noise Level, L50 dBA 7:00 AM - 10:00 PM 50 - Noise-sensitive land use 55 - Commercial/Industrial land use 10:00 PM - 7:00 AM 45 - Noise-sensitive land use 50 - Commercial/Industrial land use 55 - Commercial/Industrial land use if not occupied during this time period 7.40.180 Standard for measurement. (a) Measurements shall be made with a calibrated sound level meter meeting the requirements of a Type I or Type II meter, as specified by the American National Standard Specification for Sound Level Meters (ANSI Standards 1.4-1971). For purposes of this ordinance, a sound level meter shall contain at least a recording calibration curve for an "A" weighing network, and both fast and slow meter response capability. (b) Persons conducting sound level measurements shall have received training in the techniques of sound measurement and the operation of sound measuring instruments from the Department of Environmental Quality, a registered accoustical engineer, or other competent body prior to engaging in any enforcement activity. (c) Noise measurements shall be taken at a height of 5 feet and a distance of 25 feet from the noise-receiving land use in the direction of the noise source. If the noise source and noise-receiving land use are less than 25 feet apart, the measurement shall be taken at the property line. 7.40.190 Noise - Exemptions to restrictions. The restrictions imposed by Sections 7.40.130 through 7.40.180 shall not apply to the following: (a) Emergency equipment not operating on a regular or scheduled basis; (b) Noise emanating from Pacific Highway, Highway 217, and Interstate 5; (c) Sounds originating on construction sites and reasonably necessary to the accomplishment of work in progress; provided, however, that no construction work may be carried out between the hours of 9:00 PM and 7:00 AM, except for bona fide emergencies where the public health or safety is threatened or for which a special permit, granted by the City Administrator, has been first obtained in accordance with the procedures contained in Section 7.40.200; and (d) Lawn, garden or household equipment associated with the normal repair, upkeep, or maintenance of property. 7.40.200 Permits required for exceeding allowable noise levels. (a) The use of amplified voice and music or creation of noise at levels which would otherwise exceed those permissible under Section 7.40.130 through 7.40.190 may be allowed upon application to the City Administrator. Application for an amplified sound permit shall be made to the City Administrator on forms prepared by the City. The applicant shall identify the date, location and time of the event for which the permit is sought, and shall provide an estimate of the duration of the event. (b) In the case of a series of similar events to be conducted at the same location, the City Administrator may, at his discretion, issue the permit in a form extending to cover the entire series. In that event, the permit shall be subject to the Administrator's withdrawal at any time. (c) The City Administrator shall grant a permit in any instance in which the event and its accompanying noise will not, in his judgment, interfere unreasonably with the peace of those likely to be affected by the noise. In making this judgment, he shall take into account the nature of the surrounding properties and the benefit to the community of the event for which the application is made. (d) The City Administrator may submit any question arising with respect to this Section to the City Council, and if any member of the City Council requests its submission to the Council, any such question shall be heard by the Council. In either event, the decision of the City Council shall be final. a10 7.40.208 Penalty for chapter violations. (a) A violation of this Chapter shall constitute a Class 1 civil infraction, which shall be processed according to the procedures established in the civil infractions ordinance, set out in Chapter 1.16 of this Code. Notice to abate the nuisance shall be a prior contract. (b) Each violation of a separate provision of this Chapter shall constitute a separate infraction, and each day that a violation of this Chapter is committed or permitted to continue shall constitute a separate infraction. (c) A finding of a violation of this Chapter shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. (d) If a provision of this Chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this Chapter. Section 2: This ordinance shall be effective on and after the 30th day after its inactment. PASSED: By vote of all Council members present after being read by number and title only, this day of June, 1989. Cathy Wheatley, Deputy City Recorder APPROVED: This day of June, 1989. Gerald R. Edwards, Mayor Approved as to form: City Attorney Date C 62. 0 • CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 12, 1989 DATE SUBMITTED: May 31, 1989 ISSUE/AGENDA TITLE: USA Contract / PREVIOUS ACTION: Amendment _. / _ �n / PREPARED BY: Wayne Lowry DEPT HEAD OK ICI fY ADMIN OK'. REQUESTED BY: USA POLICY ISSUE Shall the Tigard City Council approve an amendment to the September 8, 1970, Agreement with the Unified Sewerage Agency, as proposed by the Agency. INFORMATION SUMMARY The City charges a rate for sewer service to all properties within the city limits connected to the USA sewer system. The rate is set by USA and includes USA's treatment plant operating costs and a portion to retire revenue bonds used to fund the expansion of such facilities. The City under the current agreement is entitled to 30 percent of the revenue generated by the total rate. USA wishes to amend the current agreement to exclude the revenue bond retirement portion of the rate from the City's 30 percent share calculation. In order to make this transition, USA has proposed and adopted a rate increase to take affect July 1, 1989, to $13.50/month. The City currently computes its share on the rate of $12.15/month which will actually increase to $12.50/month with this amendment. The City will continue to benefit from future nonrevenue bond rate increases, however, the $1 revenue bond plus any future revenue bond retirement increases will be excluded from the City's revenue calculation. (-2r USA also wishes to take over the billing of industrial accounts within the city. In addition, the proposed amendment will change the way industrial waste revenue is split and will reduce the City's revenue by an estimated $2,900 per year. ALTERNATIVES CONSIDERED 1. Approve amendment as proposed by USA. 2. Do not approve amendment. FISCAL IMPACT The amendment will not reduce service charge revenue or the rate upon which it is computed. The amendment reduces industrial permit revenue by an estimated $2,900/year, but also reduces staff time related to industrial billings. SUGGESTED ACTION Staff recommends approval of the amendment as submitted by the Unified Sewerage Agency. ke/9935D -Pwb 11 1/4S11m0ny , • @,.5e,rtd-a- It 7 • Coco.ci.L Meekinj oc 4421 6-9 R$CE$VED PUNNING JUN 51989 Keith S . Liden Community Development Department City of Tigard P .O. Box 23397 Tigard, Oregon 97223 May 27, 1989 Dear Mr . Liden, As this letter is being written, construction workers on 109th and Murdock Streets in Tigard have begun their daily routines . It is now 7 : 30 A.M. It is also Saturday. The construction day started promptly at 7 : 00 A.M. - with their special stereo system wired for sound . A short time later the power saws and heavy equipment joined in the chorus . It is Memorial Day weekend . This is a quiet residential neighborhood . We are putting up with the construction noise and dirt all week long, starting at seven in the morning. (Their stereo system, by the way, plays a constant rejoinder . ) 41 We do not deserve to put up with it all weekend long as well! I work the evening shift at the hospital and it seems only fair that I should be able to sleep late on Saturday morning without undue disturbance . It is not just one person 's sleep you need to consider here . Tigard is known as a "bedroom community" . Most of us are working folks who drive to and from Portland or Beaverton every day to work . Tigard has many quiet, partially forested areas, and this is part of its appeal . Tigard will lose this appeal if we do not work together toward this end. I have tried to work with the builders on this matter, and have been totally ignored . I have read the City of Tigard noise ordinance and was appalled to find out that there is nothing in it to protect Tigard residents from the vagaries of progress . Therefore, I have enclosed a proposed amendment which I would like the City Council to adopt. Along with the proposed amendment is a petition signed by citizens in this neighborhood . If necessary we will obtain more signatures from other areas also. In brief, the change requested is in section 7 . 40 . 180 (c) . The hours that construction would be not be allowed would be changed to include early mornings and early evenings of: weekends and holidays . I understand that there is a hearing on June 12 which we will try to attend. If you can respond to me before the hearing with any useful or pertinent information, I would appreciate it very much. Sincerely, ,( (142,L�'Ii C `}�� , r','1 /1 Deborah S . Abramowitz 10825 S .W. Murdock Street #A5 Tigard, Oregon 97224 I e i f { TO: TIGARD CITY COUNCIL CPETITION TO AMEND NOISE ORDINANCE j We, the undersigned, petition the City Council of Tigard to amend the City of Tigard Noise Ordinance, Article Iv, Section 7.40.180 (c) to read as follows (proposed change is underlined): "....that no construction work may be carried out between the hours of 9:00 PM and 7:00 AM and on weekends and holidays between 6:00 PM and 10:00 AM. Weekend hours are 10:00. AM to 6:00 PM and are at the sufferance of the immediate neighborhood." Date 5:17-71 Name Print Name Address Z>44.LSAf2ZGtlOdi6 it 2,s-- S IA) AuMd0 cls CA ii-S IOY d5 5.t) l ).--(n? ) 1 ; L1, i- l._'k f (0?','1?'f^, - e7c� Ai,"in Y-- t r 11;41,11"." .0�/,. N 000,64 /o�z5 57 cc), iuvee&t �---7 CA, . Cherie, Cope4— 108')-6 S ) /vlwzlock, A-ri I: /),..by -A " 'C "1- 4/ ,',--112._ /d22-1— S-1,) fli mr)G4 1- 41/' s- ( r f ,,_, -1.--- -/1 , -- - 1k�1 1',r t :,-,r( i�( �{:`r,',e `,Lt 1iI�,'d^r_ �� -if r El 1 I • TO: TIGARD CITY COUNCIL PETITION TO AMEND NOISE ORDINANCE It We, the undersigned, petition the City Council of Tigard to amend the City of Tigard Noise Ordinance, Article IV, Section 7.40.180 (c) to read as follows (proposed change is underlined): "....that no construction work may be carried out between the hours of 9:00 PM and 7:00 AM and on weekends and holidays between 6:00 PM and 10:00 AM. Weekend hours are 10:00 AM to 6:00 PM and are at the sufferance of the immediate neighborhood." Date c"4)--S- Name Print Name Address ./ffq-i,,-Dy 7? c(D `-DDi`'`r;rt- ii i i-/ X64) .5. ) i 1 ,,c-K I.F/,,V Viey.vpu)-17V agisti v/-44,...‘,41(1- --tom k t.o,W6rc, /ORI el- r -tor " ` /0 __A2t(.& /3 aivn Qt D r'5 13Dkn4 el( /1e25- S.a-'. , . 64.,,,ze& . _•,. • u ---g„,,,,,..), 6-.5,„,_ i ,, s,co - 1(9 -- -.. . .`. Shaaoa, �4i.e5/yti i0��5" $wA1GC kCir,Cg 1.7 1 ki, ,,B ' <t.i _ C'c y5n _ /ova►ea 5(-J rvi oQclock 5t' D9(2(R I a:: r° TO: TIGARD CITY COUNCIL iC. _ PETITION TO AMEND NOISE ORDINANCE itr I petition the City Council of Tigard to amend 1 We, the undersigned, the City of Tigard Noise Ordinance, Article IV, Section 7.40.180 (c) to read as follows (proposed change is underlined): "....that no construction work may be carried out between the hours of 9:00 PM and 7:00 AM and on weekends and holidays between 6:00 PM and 10:00" AM. Weekend hours are 10:00 AM to 6:00 PM and are at the sufferance of the immediate neighborhood." Date ,6----'c37''rl. Name Print Namem` Address \ROJ,�; �' ,-k.a_xv %.• - : `=�6 C e Ca 0 oc S r sW p .' ter: �� . l �v,4�,=:� ,y -1-- ,,,,-.7/ C MEMORANDUM TO: City Council FROM: Keith Liden, Senior Planner RE: June 12th Agenda Item 7 - Noise Ordinance DATE: June 8, 1989 Your packet contains the proposed noise ordinance revisions to be reviewed at the next Council hearing. The existing Code provisions were also supposed to be included but were inadvertently deleted. Attached is a copy of the present Code provisions for your reference. C C • 7.40.110--7.40.140 41r o any one automobile, truck, bus, trailer or piece of ve- h ular equipment; (c) Used or dismantled household appliances, furniture, other •iscards or junk, for more than five days. (Ord. 86-20 §4 (Exhi• .t C(5) (4) ) , 1986) . 7.40.1 4 Attractive nuisances. (a) No owner or re- sponsible par. shall permit on the property: (1) Un. arded machinery, equipment or other devices which are attract . e, dangerous, and accessible to children; (2) Lumber logs, building material or piling placed or stored in a manner o as to be attractive, dangerous, and accessible to children; (3) An open pit, quarry, cistern, or other excava- tion without safeguards or . .rriers to prevent such places from being used by children; (4) An exposed foundat ..n or portion of foundation, any residue, debris or other buil. 'ng or structural remains, for more than thirty days after the •estruction, demolition or removal of any building or portion •f the building. (b) This section shall not apply authorized con- struction projects with reasonable safegu• ds to prevent injury or death to playing children. (Ord. :6-20 §4 (Exhibit C(5) (5) ) , 1986) . _ 7.40.120 Scattering rubbish. No person sh- 1 deposit upon public or private property any kind of rubbis . trash, debris, refuse, or any substance that would mar the ance,- create a stench or fire hazard, detract from the lean- liness or safety of the property, or would be likely to injure a person, animal, or vehicle traveling upon a publi- way. (Ord. 86-20 §4(Exhibit C(5) (6) ) , 1986) . ARTICLE IV. NUISANCES AFFECTING THE PUBLIC PEACE 7.40.130 Noise--Definitions. For purposes of this section and Sections 7. 40. 130 through 7.40. 200, the following mean: (a) "Ambient noise" means the all-encompassing noise associated with a given environment, being usually a com- posite of sounds from many sources, near and far. (b) "Noise-sensitive property" means real property on which people normally sleep and, in addition, schools, churches, hospitals and public libraries. (Ord. 86-20 §4 (Exhibit C(6) (1) (a) ) , 1986) . 7.40.140 Motor vehicle noises. No person shall operate a motor vehicle in such a manner or at such a location as to cause the noise created by the vehicle to cause the ambient noise level at the nearest noise-sensitive property to ex- ceed the levels specified in Section 7.40.160, as measured 87-1 (Tigard 8/15/86) 7.40. 150--7. 40. 180 at a point located twenty-five feet from the noise-sensitive structure toward the noise source. (Ord. 86-20 §4 (Exhibit C(6) (1) (b) ) , 1986) . 7.40. 150 Noise emanating from certain property. Except as may be expressly allowed pursuant to the provisions of Section 7.40. 220, no person shall cause or permit noise to emanate from the property under his or her control so as to cause the ambient noise level at the nearest noise-sensitive property to exceed the levels set forth in Section 7.40. 160, as measured at a point located twenty-five feet from the noise-sensitive structure toward the noise source. (Ord. 86-20 §4 (Exhibit C (6) (1) (c) ) , 1986) . 7.40. 160 Allowable noise limits. Allowable noise limits are as follows: Time Maximum Noise Level, DBA 7:00 a.m. -- 10:00 p.m. 60 10:00 p.m. -- 7:00 a.m. 55 (Ord. 86-20 §4 (Exhibit C(6) (1) (d) ) , 1986) . 7.40. 170 Noise--Exemptions to restrictions. The re- strictions imposed by Sections 7.40. 140 through 7.40. 160 of this chapter shall not apply to the following: 4[ (a) Emergency equipment not operating on a regular or scheduled basis; (b) Noise emanating from the Pacific Highway, Highway I-217 and Highway I-5; (c) Sounds originating on construction sites and rea- sonably necessary to the accomplishment of work in progress; provided, however, that no construction work may be carried on between the hours of nine p.m. and seven a.m. , except for bona fide emergencies where the public health or safety is threatened or which a special permit, granted by the city council, has been first obtained. Any such special permit may be granted by the city council only after first having held a hearing and having otherwise followed the administra- tive procedures contained in Chapter 18 .32 of this code; (d) Emergency repair equipment not operated on a regu- lar or scheduled basis; (e) Lawn, garden or household equipment associated with the normal repair, upkeep or maintenance of property. (Ord. 86-20 §4 (Exhibit C (6) (1) (e) ) , 1986) . 7 .40.180 Jake brakes prohibited. No person shall operate within the city limits of the city of Tigard a motor vehicle exhaust-braking system commonly known as a "jake brake. " For the purposes of this section, the exceptions set forth in Section 7 .40. 170 shall not apply, and this 87-2 (Tigard 1/15/87) 7.40. 190--7.40. 210 section shall be read as an absolute prohibition of the • operation of such motor vehicle braking systems within the city of Tigard. (Ord. 86-20 §4 (Exhibit C(6) (1) (f) ) , 1986) . 7.40.190 Sound-amplifying equipment restrictions. No person shall cause or permit noise to emanate from sound- amplifying equipment under their control so as to cause the ambient noise level to exceed sixty DBA at any distance one hundred feet or more from the sources between the hours of seven a.m. and ten p.m. , and fifty-five DBA one hundred feet from the source between the hours of ten p.m. and seven a.m. (Ord. 86-20 §4 (Exhibit C(6) (1) (g) ) , 1986) . 7.40.200 Violation--Penalty. Failure to abate the nuisance within the time allowed for abatement shall consti- tute a Class 1 civil infraction which shall be processed according to the procedures established in Chapter 1. 16 of this code, Civil Infractions. (b) Each violation of a separate provision of Sections 7.40.130 through 7.40.200 shall constitute a separate in- fraction, and each day that a violation of such sections is committed or permitted to continue shall constitute a sep- arate violation. (c) A finding of a violation of Sections 7.40.130 through 7.40.200 and imposition of a civil penalty shall not relieve the responsible party of the duty to abate the vio- lation, except where the city has acted to abate the nuisance. In such a situation, the responsible party shall be liable for the costs pursuant to Section 1.16.340 of the civil in- fractions ordinance codified in Chapter 1.16 of this code. (d) If a provision of Sections 7.40.130 through 7.40- .200 is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this section. (Ord. 86-20 §4 (Exhibit C(6) (1) (h) ) , 1986) . ARTICLE V. EVENTS USING AMPLIFIED SOUND 7.40.210 Permits required for certain events. (a) The use of amplified voice and music at levels which would otherwise exceed those permissible under Sections 7.40.130 • ..through 7 .40.200 may be allowed upon application to the city administrator. Application for an amplified sound permit shall be made to the city administrator on forms prepared by the city. The applicant shall identify the date, location and time of the event for which the permit is sought, and shall provide an estimate of the duration of the event. (b) In the case of a series •of similar events (for _ example, a season's high school football games) , to be con- ducted at the same location, the city administrator may, in his discretion, issue the permit in a form extending to cover 87-3 (Tigard 8/15/86) r - ». - 7.40.220 the entire series. In that event, the permit shall be sub- ject to the administrator' s withdrawal at any time. (c) The city administrator shall grant a permit in any instance in which the event and its accompanying noise will not, in his judgment, interfere unreasonably with the peace of those likely to be affected by the noise. In making this judgment, he shall take into account the nature of the sur- rounding properties and the benefit to the community of the event for which the application is made. (d) The city administrator may submit any question arising with respect to this section to the city council, and if any member of the city council requests its submission to the council, any such question shall be heard by the council. In either event, the decision of the city council shall be final. (e) No permit authorized by this section shall give the applicant the right to cause or permit sound to emanate from the property on which the event is held so as to cause the ambient noise level at the nearest noise-sensitive property to exceed fifty-five DBA after the hour of eleven p,m, ((Ord: 86-20 §4 (Exhibit C(4) (7) ) , 1986) . ARTICLE VI. VIOLATION--PENALTY 7.40.220 Penalty for chapter violations. (a) A vio- C lation of this chapter shall constitute a Class 1 civil infraction,: which shall be processed according tb the proce- dures established in the civil infractions ordinance, set out at Chapter 1.16 of this code. Notice to abate the nui- sance shall be a prior contract. (b) Each violation of a separate provision of this chapter shall constitute a separate infraction, and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate infraction. (c) A finding of a violation of this chapter shall not relieve the responsible party of the duty to abate the vio- lation. The penalties imposed by -this section are in addi- tion to and not in lieu of any remedies available to the city. (d) If a provision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to • the penalties imposed by this chapter. (Ord. 86-20 §4 (Exhibit C(8) ) ; 1986) . 87-4 (Tigard 8/15/86) 11 I CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 12, 1989 DATE SUBMITTED: June i, 1989 ISSUE/AGENDA TITLE: CPA 89-05, VIOUS ACTION: Council Approval ZC 89-05 - Crow-Oregon /% REPARED BY: Keith Liden DEPT HEAD 0 -11 CITY ADMIN OK i �� REQUESTED BY: PO ICY ISSUE INFORMATION SUMMARY The Council approved the above request on May 15, 1989 and instructed staff to prepare a Final Order. ALTERNATIVES CONSIDERED 1. Approve the attached ordinance. 2. Modify and approve the attached ordinance. FISCAL IMPACT SUGGESTED ACTION Staff recommends approval of the attached Final Order. br/Crow.ksl br/SumSht.mst CITY OF TIGARD, OREGON 41;1 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 12, 1989 DATE SUBMITTED: June 6, 1989 ISSUE/AGENDA TITLE: Public Hearing PREVIOUS ACTION: Council Initiated Vacation of a Portion of SW 66th , Vacation Proceedings 3/27/89; Res 89-18 Avenue PREPARED BY: Development Services Mgr. DEPT HEAD OK I CITY ADMIN OK REQUESTED BY: Jim Corliss (Landmark Ford) P•LICY ISSUE Should the City vacate a public street right-of-way if said vacation enhances a property's further development potential, and the right-of-way is not needed now or in the future for public street purposes? INFORMATION SUMMARY The City Council initiated this vacation request at their meeting of March 27, 1989. Coun-:il continued the hearing until June 12, 1989 at the request of the applicant, pending resolution of certain items affecting an agreement between Jim Corliss and ODOT. Jim Corliss, president of Landmark Ford, has requested that a portion of SW 66th Avenue near the Landmark Ford dealership be vacated. The portion of SW 66th Avenue proposed for vacation is located near the northeast corner of the dealership's property and is approximately 160 feet long (see attached map). 41 The only other adjoining property owner, the Oregon Department of Transportation (ODOT), has reviewed the proposal and has no objections. Apparently the key issue between Jim Corliss and ODOT involves the outcome of the state's Hwy. 217/I-5 interchange study. Jim would like the Council to once again delay the hearing until November 13, 1989, allowing he and the state to resolve certain issues affecting the proposed vacation. Since the council had set a specific date for the public hearing, this item had to be placed on the June 12th agenda. ALTERNATIVES CONSIDERED 1. Continue the public hearing on November 13, 1989, allowing the applicant and Oregon Department of Transportation (ODOT) to work through certain unresolved issues. 2. Direct staff to prepare a resolution denying the proposed vacation. FISCAL IMPACT There are no direct financial impacts, however, vacating the right-of-way would return publicly controlled property back to private owners and therefore increase the City's assessed value. SUGGESTED ACTION Staff recommends that the Council not make any decisions now and continue the public hearing on November 13, 1989, allowing the applicant and Oregon Department of Transportation to work through certain unresolved issues. EXHIBIT "A" • A tract of land located in the northeast quarter of Section 1, Township 2 South, Range 1 West Willamette Meridian, City of Tigard, Washington County, Oregon being described as follows: - Beginning at the southeast corner of Lot 26, Block 14, West Portland Heights, a recorded plat, Washington County Plat Records; thence West, on the south line of said Lot 26, 20.0 feet; thence South 18° 26' 06" East, 63.25 feet to the northeast corner of Lot 8, Block 17, said West Portland Heights; thence South, on the east line of said Lot 8, 100.0 feet to the southeast corner thereof; thence East, 60.0 feet; thence North, 160.0 feet; thence West, 60.0 feet to the point of beginning. • . • REGISTERED PROFESSIONAL LAND SURVEYOR OREGO JANUARY N$affil JON T.FEtGION *2252 1 i 'MAP TO ACCOMPANY DESCRIPTION 1 WITHIN THE -f- SE 1/4 SE 1/4 SECTION 36 TIS 81W AND THE •NE 114 NE 1/4 SECTION 1 T2S R1W ..e.. ../ ��P�e -1-111 1- = 100' • i5 I'Silo Pccess COt ° 4800 -..... r =• 5800 4900 5000 i 5700 AREA TO BE VACATED : ...� CO;• 5100 • • ' f _ • Vti1 FORMER DARTMOUTH ST' ALIGNMENT -:7-'.E..::::::-..:::::::::::::::::::::::::::::::::;:til 1700 100• + O ■ - L1400 400 Tu EXISTING ACCESS [ —4 = + = I � 13011 / I t� T 1200 ■N D 0 y A Im > rn 0 0 401 R1 -zl I••1 \ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 12, 1989 IA E SUBMITTED: June 9 1989 ( ISSUE/AGENDA TITLE: Consent PIEVIOUS ACTION: None REPARED BY: Marcha K. Hunt DEPT HEAD OK CITY ADMIN OK - 'EQUESTED BY: Patrick J. Reilly PO IC ISSUE Should the City of Tigard support the nomination of Steve Stolze, Mayor of Tualatin, to serve on the Emergency Medical Services Policy Board? INFORMATION SUMMARY • Washington County Emergency Medical Services has requested the selection of a nominee from the eastern Signator Cities to serve on its Policy Board. During • a meeting of eastern Signator Cities on May 23, 1989, Mayor Stolze was chosen as the area's nominee to the EMS Policy Board. The attached Resolution grants to the Board of County Commissioners, on behalf of the City of Tigard, authority to support this nomination. ALTERNATIVES CONSIDERED 1 . Approve the request and execute the Resolution of support attached. • 2. Deny the request. 3 . Choose another representative for the eastern Washington County area. FISCFlL IMPACT None. SUGGESTED ACTION Approve the request and execute the attached Resolution. mh9979D RESOLUTION NO. 89— Page 1 . . alt=?-10.4r-uv2a! U /J a (.c9 CITY OF TIGARD, OREGON For. COUNCIL AGENDA ITEM SUMMARY (OL( �� AGENDA OF: June 12, 1989 DA SUBMITTED: June 12, 1989G ISSUE/AGENDA TITLE: Civic Center / PR VIOUS se-rein ACTION: CA.)/1 Si(IQ,(, Parking Lot Landscape Proiect / 4 i 1 h u'% 10 P,' SPARED BY: Community Development 1 DEPT HEAD 8/ CITY ADMIN 0E / / REQUESTED BY: '.1 POLICY ISSUE Should the City accept the low bid for the landscaping of the Civic Center parking lot? INFORMATION SUMMARY The landscaping at the Civic Center has not been completed, or in some cases, is in need of modifications or replanting. The main area of concern is the new parking lot. In order to complete the landscaping, the City engaged the services of a landscape architecture and planning firm, who completed a design for the parking lot, as well as for the area in front of the Library and next to the flag pole. The City went out for bids earlier this spring, and received one, bid for $26,379. Since the City's estimate was only $17,751, it was decided to reduce the scope of work, and go out for bids a second time. The primary change to the scope of work was the deletion of all the trees...the thought being that is was too late in the season to plant trees, and that the City could plant the . trees next fall, either with the City's own crews or as contracted work. 47 This time .the City received. two bids: one from Drake's 7 Dee's for $24,975 and one from S and L Landscaping for $17,890. ALTERNATIVES CONSIDERED 1. Award the bid to the low bidder, S and L Landscaping 2. Reject all bids, and re-bid the project in the fall. _ = FISCAL IMPACT $17,890. (This expense was anticipated in the FY '88-89 budget as a capital project). _ SUGGESTED ACTION It is recommended that the City award the bid for the Civic Center landscaping to S and L Landscaping, Inc. for $17,890. Civicent.em 4 • • BID SCHEDULE Civic Center Parking Lot Schedule A Item' Approximate Unit Total • • No. Bid Item Quantity Unit Price Amount • 1. All irrigation and new turf; turf renovation along the parking lot; parking lot plantings; excluding trees and other items not included in Schedule B. Lump Sum L.S. $xxx $16,890-00 - .• _ .. • . • 41 -, 1 ' i ; , • 11 Dollars (Lump Sum Price in Words) c ISchedule B 2. Flagpole area planting; and approximately 2,000 SF of new turf installation. Lump Sum L.S. $xxx $ 1000n0 One Thousand & no/100 Dollars (Lump Sum Price in Words) • TOTAL: Schedule A and B — Civic Center Parking Lot $, 17)190_00 Seventeen Thousand Eight Hundred Ninty & no/100 Dollars (Total Amount of Bid in Words) We have 7 Sweetgum trees 2" cal. heeled in the sawdust that.we would include in the bid for no charge, if you can use them. S & L Landscaping Inc. Audrey Castile, ° e s - A) • cp/9616D • 4 PROPOSAL , TO: Mayor and City Council ,: - City of Tigard 13125 SW Hall Blvd. 1PO Box 23397 Tigard, OR 9722.3 . Honorable Mayor and Council Members: This proposal is submitted, following procedures as specified in the Standard Specifications, as an offer by the undersigned to enter into contract with the City of Tigard, Oregon, hereinafter sometimes referred to as The City, for the furnishing of all labor, equipment, materials and services required for the .FTY.: construction of: Vii':: 'il'iCivic Center Irrigation, Landscape Renovation for the City of Tigard, Oregon, in accordance with the Standard Specifications, and Special Provisions, which are on file at the office of the k '': City Engineer, Tigard, Oregon. This offer is conditioned on the following : ;,` declarations as to the acts, intentions, and understandings of the• undersigned, and to the agreement of the City of Tigard, Oregon to the terms and to the attached schedule of prices being submitted. r: ,e - 1. All of the aforesaid Proposal Requirements, Standard Specifications; and L ; • '.''':.*1Special Provisions have been examined by the undersigned and their terms :•2 -1 and conditions are hereby accepted. l2. The undersigned shall comply with all Federal Laws, laws of• the State of • .P Oregon Oregon and all ordinances of the City of Tigard, Oregon, which are ` pertinent to• construction contracts of this character even though such +:.f??-;> laws and ordinances may not have been quoted or referred to in the +r : •;- specifications. ' •ti, 3. The undersigned agrees that, upon written acceptance of this bid, he will ' i • within Ten (10) days of receipt of such notice, execute a formal contract ` agreement with the City, and that he will provide the required bonds, :'� -- 1 insurance and/or guarantees. i -i . t i •�� 4. The undersigned agrees that if awarded the Contract, he will commence work • within Seven (7) calendar days after the date of receipt of written Notice • to Proceed, and that he will complete the required work within the times stated in the Special Provisions. 5. The Bidder further proposes to accept as full payment for the work proposed herein the amounts computed based on the following lump sum or :. unit price amounts, it being expressly understood that the unit prices are t independent of the exact quantities involved. The Bidder agrees that the lump sum prices and the unit prices represent a true measure of the labor t and materials required to perform the work including all allowances for overhead and profit for each type and unit of work called for in these Contract Documents. , t; 6. The City reserves the right to delete Schedule B from the contract.• Should Schedule B be deleted, the Contract will be awarded to the lowest responsive bidder of Schedule A. - cp/9616D `? BID RESULTS BID OPENING:/ / 9g� a' a° 1°1'13 Date BID BIDDER'S NAME ADDRESS BOND BID TOTAL /45" •S'� u. •� /a 2 2, /oo J.,2Td• 97=-23 5 6 2,82c 7a7AI- 2 4, 97s- \s" 7ss. 9i- vY %o 4.449e 3 74 -2- A /G, a''90 rTAL /7.? 6790 C 3244P