City Council Minutes - 06/26/1989 TIGARD CITY COUNCIL
MOUIM N - JL= 26, 1989 - 6:30 P.M.
1. IMM CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn Eadon,
Valerie Johnson, Joe Kasten, and John Schwartz. City Staff Present:
Pat Reilly, City Administrator; Chuck Corrigan, Legal Counsel; Phil
Grillo, Legal Counsel; Wayne Lowry, Finance Director (arrived at 7:00
p.m.); Ed Murphy, Ccmunity Devel9pnent Director; Liz Newton, Senior
Planner; Catherine Wheatley, Deputy City Recorder; and Randy Wooley,
City Engineer (arrived at 7:00 p.m.)
2. STUDY SESSIOU:
a. City Center Development - Senior Planner Newton reviewed the public
information schedule with Council. She distributed a proposed
timeline outlining activities in conjunction with the City Center
development effort.
She noted the Ash Avenue E&-erasion/Burnham Road Realignment
Comprehensive Plan Amendment had been reviewed by the Planning
Commission; they recd mnended favorable Council consideration.
Mayor updated Council on a recent School Board meeting during which
the City Center Development Plan had been discussed. He advised
the Board appeared to be supportive; however, they were also
concerned about their funding request which was scheduled to appear
on the September ballot as well.
(Councilor Eadon arrived at 5:58 p.m.)
Senior Planner Newton advised that written public information
material needed to be finalized. Funds have been budgeted to
contract assistance with public relations work on brochures.
After lengthy discussion, Council consensus was to keep the
written material as uncomplicated as possible. It was decided
that only one brochure outlining major elements would be
developed. The brochure would include notations indicating where
additional information could be located.
Senior Planner reviewed land use issues. She distributed three
pages from the Urban Design plan (pages 10, 20, and 21). Council
discussed simplification of this material in order to assist
property owners to determine how they would be affected by
implementation of the Development Plan.
Legal Counsel Grillo advised that their office was recommending
that amendments to the plan be administered in a three-tiered
approach:
Page 1 - COUNCIL MINL M - JUNE 26, 1989
1. Minor amerxtnent of the Plan. This process would involve a
public hearing before the City Center Development Agency
(Council) with amendnents made by adoption of a resolution.
2. Major amendment of the Plan which would require a vote of the
people. Those items requiring a vote included: extension of
the time period for implementation of the urban Renewal
District, a change in boundaries of a district, and an
increase in the amount of tax increment financing.
3. A major amendment without a vote. This would include land
acquisition by the City for the urban renewal area which had
not been identified in the Plan previously.
There was discussion on financing. Mayor noted he would like the
City to be able to disband the City Centex Development Agency at
certain intervals if it was possible to do so. Community
Development Director advised this would be possible if funds were
borrowed in advance for only five years at a time. He noted that
urban renewal development usually does not lend itself to an
incremental financing package. Ordinarily, he advised, there was
not a lot of activity which takes place during the first five
years, while during years 6-10 there would be a significant amount
of activity, and years 11-15 would be needed to repay the debt.
fj Legal Counsel advised the urban renewal effort can be retired prior
l to the end of 15 years provided the financing has been closed out.
Senior Planner updated Council on the status of business
development currently underway in the downtown.
3. F.MIVE SESSICK: The Tigard City Council went into executive session
at 6:40 p.m. under the provisions of CRS 192.660 (1) (d), (e) , and (h) to
discuss pending labor relations, real property transactions, and current
and pending litigation issues.
(Council reconvened at 7:05 p.m.)
4. AGENER RGVnN
o Cruisin' Tigard celebration - Council discussed the upcoming events
and the requests for waiver of permit fees. There was discussion
on liability issues with the beer garden and dance being held at
Cook Park.
o Finance Director reviewed some of the budget items which would be
before Council. In response to a question by Councilor Johnson, he
noted that council cannot increase the tax levy amount but they can
decrease expenditures. He also advised expenditures can he
increased in any fund up to 10 percent over what had been approved
at the Budget Cmmittee hearing. He reviewed the proposed Budget
changes noting appropriation adjustments were due, for the most
( Page 2 - COUNCIL KDXT ES - JUNE 26, 1989
part, to carry over itemfrom the last fiscal year.
(Mayor Edwards left at 7:07 p.m.)
Councilor Eadon noted she had been contacted by Donna Voss who lives
behind the Tigard East commercial development. Mrs. Voss had reported
problems with street sweepers and other equipment (power washers being
used on the roof) during late night and early morning hours.
Council discussed the possibility of shutting dawn the back entry way
and requiring businesses to do operate solely from their front doors
(including receipt of all deliveries) . She police Department could also
issue citations for violation of City ordinances. Due to the lateness
in hour, consensus was to cmplete the discussion of this item after the
business meeting.
(Business meeting commenced at 7:35 p.m.)
5. CATS, FUR NCK-AGFNIDA I3MM:
o Council president Johnson requested discussion on the Non Agenda
with regard to a property owner requesting a fence near the 135th
Avenue road improvement.
6. VIS 9MIS AGOMM
a. Steve Ogden and Linda Badden of Tigard Promotions, Inc., updated
Council on the Cruisin' Tigard celebration activities.
They advised the planning had been moving ahead faster than it had
in years past. They noted:
o There would be more children's activities and more evening
festivities this year.
o The beer garden and dance was requested to be held at Cook
Park.
o Parade entries would be limited to pre-1960 automobiles.
Council President Johnson noted Council had received a memorandum
from Tigard staff member, Marcha Hunt, outlining the events and
permits necessary for Cruisin' Tigard 1989. (Note: Temporary use
permits were not addressed in the memorandmn.)
Council consensus was to direct staff to prepare a resolution for
consideration at the July 10, 1989, Council meeting which would
outline the Council approvals needed by Tigard Promotions, Inc.,
for the Cruisin' Tigard celebration.
Page 3 - COUNCIL ND KIM - JUNE 26, 1989
7. Cir Acs:
7.1 Approve Council Minutes of May 8, 15, 16 and 22, 1989
7.2 Approve Personal Services Contract for Anthony Pelay, Senior,
as Municipal Court Judge - Resolution No. 89-48
7.3 Approve Personal Service Contract for M. Janise Augur, as Pro
Tem Municipal Court Judge - Resolution No. 89-49
7.4 Approve Final Order - Coaorehensive Plan Amendment CPA 89-04
and Zone Change ZC 89-04; Hughes Posco/Lands NPO #2-
Resolution No. 89-50
7.5 Recess CIOL=i.1 Meeting; Convene Local Contract Review Board
(LCRB) Meeting; a) Authorize the City Engineer to advertise
for bids on phase I of the Bonita Road project; b) Accept law
bid of K.F. Jacobson and authorize the City Administrator to
enter into the contract for overlay work as bid by the County;
Adjourn LCRB; Reconvene Council Meeting
7.6 Approve Council Goals
7.7 Approve Board arra Ccemaittee Appointments - Res. No. 89-51
7.8 Approve Amendments to Intergaverrm ental Agreement with Unified
Sewerage Agency - Resolution No. 89- (Postponed by Council
for Consideration at their July 10, 1989 meeting.)
Motion by Councilor Eadon, seconded by Councilor Schwartz, to approve
the Consent Agenda with item 3.8 postponed to the July 10, 1989 City
Council meeting (as requested by Unified Sewerage Agency) .
7ihe motion was approved by unanimous vote of Council present.
8. P[IEMC EMZIZM - 1989/90 5 OF SIMCE REVENUE SHARM:
a. Public hearing was opened.
b. there were no declarations or challenges.
C. Summation by Finance Director: ORS 221.760 and 221.770 require the
City to pass an ordinance declaring its election to receive state
revenues and a resolution certifying its qualification to receive
state sharing revenues. In order to becam eligible for such state
revenue, the council must certify that it provides four or more
services ernunerated in Section 1 of ORS 221.760. The City provides
the required services but must pass a resolution certifying that
such services are provided.
-Ihe approved 1989-90 budget also includes state revenue sharing in
the amount of $110,000. In order to receive such funds the Council
must make an election by ordinance stating that the required public
hearings were held.
Page 4 - COWCIL MD UIM - JUNE 26, 1989
d. Public testimony:
o Anne Kelly Feeney, Executive Director, Loaves and Fishes Centers,
Inc., 6125 SE 52nd, Portland, OR 97206 arra Al Bates, Chairman of
the Steexing Committee, Tigard Senior Center, Tigard, OR 97223 were
present to testify on behalf of the Tigard Senior Citizen Center.
Ms. Feeney distributed to Council written testimony with regard to
funding and structure for the Loaves and Fishes Centers as it would
provide services to the City for the Senior Center. Ms. Feeney
suggested it may be beneficial for Loaves and Fishes to work with
the City on a management contract basis.
She urged Council approval of the Senior Center remodeling project.
Ms. Feeney advised that Loaves and Fishes was proposing to conduct
a capital campaign throughout the area of Tigard to seek funds for
additional capital improvements: they would try to raise UP to
$50,000. If Council decided to not do the remodeling project,
they ask that Council return a $3,000 contribution which was the
amount of matching funds withheld for the proposed remodeling.
Al Bates advised he was speaking on behalf of the volunteers who
have worked very hard at the Senior Center. He noted his
disappointment with the dely in the which hadremodel
made to ao�te
r.
He outlined the arrangements
their activities during the remodel with local churches. He also
noted an ongoing problem with maintenance issues concerning
responsibility and payment of bills. He referred to a recent water
< bill in the amount of $200 because of a break in the system.
City Administrator advised the bids for the remodeling project
came in over $80,000 above the estimated cost. Work was now being
done to determine whether certain architectural features could be
modified to bring remodeling costs down. Council President noted
the funds for the remodel have been brought forward into the
proposed 89-90 Budget. City Administrator estimated a rebid of the
project would be scheduled this fall.
City Administrator advised he would review the $200 water bill to
determine if the City should pay for this item.
o Shirley Wick, M.S., Executive Director, Shelter for the Domestic
Violence Resource Center, Hillsboro, Oregon, introduced Ann
Douglas, Vice President of the Board of Directors for the Domestic
Violence Resource Center. Ms. Wick advised the Budget cc mittee
had not allocated any funding for their organization. Ms. Wick
outlined the services offered by her agency which included serving
six women and children from the Tigard area during the last year.
She noted their center had provided shelter to these people for a
total of 71 days and spent over $5,000 last year which resulted in
a direct benefit to the City of Tigard. She advised it would have
cost the city over $11,000 to provide assistance to these
individuals.
i
Page 5 - COUNCIL MIRnEs - JUNE 26, 1989
Ms. Wick outlined furxling received for her agency which included
United Way contributions, government, and private
donations/grants. She urged Council to reconsider a contribution
to their organization.
Ms. Wick advised the Center was attempting to establish support
croups for women in the Tigard area, establish an outreach office
in Tigard, and provide a shelter in the City of Tigard by 1990.
e. Finance Director recommended approval of the proposed ordinance and
resolution.
f. Public Hearing was Closed:
g. RESolurION NO. 89-52 A RESOUMC N CEFd7IFYING THE CITY OF TIGARD
PROVIDES SERVICES QUALIFYING FOR STATE S V0M REVENUES.
Motion by Councilor Eadon, seconded by Councilor Schwartz, to approve
Resolution No. 89-52.
The motion was approved by a unanimous vote of Council present.
h. ORDINANCE NO. 89-18 AN ORDINANCE DECLARING THE CITY'S EGEMON TO
RECEIVE STATE REVENUES.
Motion by Councilor Eadon, seconded by Councilor Kasten, to approve
Ordinance No. 89-18.
The motion was approved by a unanimous vote of Council present.
9. pUEUC SRM - 1989/90 FISCML YENR B[DGEI!:
a. Public hearing was opened.
b. There were no declarations or challenges.
C. Summation by Budget Officer/City Administrator:
City Administrator advised the proposed operating budget of $8.1
million reflected a 4.4 percent increase above fiscal year 1989.
The Budget maintains the commitment to Tigard citizens to extend
the tax base while providing superior services. He reported the
City was in good fiscal condition. The tax rate had been
established at $2.82 which included an 85-cent amount for debt
service for the road improvemnent bond.
Finance Director advised that the Budget before Council was the
result of the Budget Committee's deliberations and recommendations.
He explained that the Council has limited authority to make changes
after the recannended Budget Cc mnittee proposal: changes, as noted
to Council during the Study Session, were included.
Page 6 - COiN= MINXIM - JUNE 26, 1989
d. Public Testimony: There was none.
e. Budget Officer/City Administrator and Finance Director recommended that
Council adapt the proposed resolution approving the 1989/90 Budget.
f. Councilor Schwartz noted in response to testimony given during the
previous public hearing that the Wcamen's Center had been considered
along with many requests for contributions from social service agencies.
He advised that funding to the social service agencies had been reviewed
carefully with funds distributed in a manner which the Budget committee
deemed most beneficial to City of Tigard residents.
g. RESOUMON NO. 89-53 A RESOIUrICN APPROVING THE BUDGET, M WING
APPROPRIATIONS AND DECLARING THE AD VALOREM TAX LEVY FOR FISCAL YEAR
1989-90.
Motion by Councilor Eadon, seconded by Councilor Kasten, to approve
Resolution No. 89-53, with the proposed adjustments as outlined by the
Finan Director.
The motion was approved by a unanimous vote of Council present.
Councilor Eadon thanked the Finance Director, City Administrator, and
citizen members of the Budget Committee for their hard work in the
budget process.
10. NON AGENDA ITEM: Councilor Johnson noted the City Council meeting
would be recessing into Study Session for discussion of an issue
concerning property near 135th Avenue. Also, the Council would be
adjourning into Executive Session after the study meeting.
(The Council meeting recessed at 8:21 p.m. and then reconvened at 8:35 p.m.)
11. NCR-AGUMA:
a. Seibold Property (near 135th LID improvements). Councilor Johnson noted
problems with the road elevation which allows traffic to look dawn into
Mr. Seibold's backyard area. She advised that Council consensus had
been to allow him to plant shrubbery for screening. After visiting with
Mr. Seibold, he advised it would take him about five years to attain the
privacy that he needs. He, therefore, was asking to be allowed to
construct a fence on the property.
of concern was setting an unfavorable precedent. It was noted this
particular situation may be alleviated upon completion of the Murray
Boulevard extension. Council consensus was to allow Mr. Seibold to
build the fence if Legal Counsel determined there were no additional
concerns to be reviewed; also, approval would be conditioned: Council
would preserve the right to review this issue once the Murray Boulevard
extension was constructed.
Page 7 - OOUNCIL MINUTES - JUNE 26, 1989
Councilor Johnson asked City Engineer to telephone the Seibolds and
advise them that legal counsel was reviewing this request and an answer
would be available within the next week concerning whether or not they
could build a fence.
(City Engineer left at 8:35 p.m.)
b. Council discussion returned to the Tigard East problems which had been
discussed earlier. After discussion, Council consensus was for
Councilor Eadon and the City Administrator to work together to resolve
some of these issues.
12, EVE SESSICK: The Tigard City Council went into executive session
at 8:45 p.m. under the provisions of ORS 192.660 (1) (d) , (e), and (h)
to discuss pending labor relations, real property transactions, and
current and pending litigation issues.
13. AD30URNKM: 9:00 P.M.
Approved by the Tigard City Council on `/ , 1989.
Deputy Recorder - City of Tigaid
7� wjm- &, 46(2---
- City of T1
Council President
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