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