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City Council Minutes - 07/10/1989 L/- 1 TIGARD CITY COUNCIL MID= MIN[TI'ES - JULY 10, 1989 - 6:30 P.M. 1. ROM CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn Eadon, Valerie Johnson, Joe Kasten, and John Schwartz; Staff Present: Pat Reilly, City Administrator; Phil Grillo, Legal Counsel; Keith Liden, Senior Planner; Ed Murphy, Community Development Director; Liz Newton, Senior Planner; Catherine Wheatley, Deputy City Recorder; and Randy Wooley, City Engineer. 2. STUDY S SSICK: a. Review of Hearings Officer Final Order - CU 89-03: Council reviewed the Final Order issued by the Hearings Officer concerning a homeless shelter sponsored by Tigard Christian Ministries. Concerns were expressed regarding Condition No. 6 which stipulated: "In the event a guest is denied entrance after being invited to the shelter, the supervisor shall detain that guest until the guest can be removed by the Tigard Police Department and transported to a secure area, away from the shelter. In no event shall a guest who has been denied entrance after being invited to the shelter, be allowed to leave the shelter except under the supervision and control of the Tigard Police Department." Discussion followed over the issue of obligating the Tigard Police Department to provide security services to a private organization. It was also noted that this could have some precedent-setting ramifications. After discussion, legal counsel prepared wording for signature by the Mayor which reflected Council consensus: "Pursuant to the TMC 18.32, the Tigard City Council hereby requests that the Hearings Officer amend her decision in regard to Conditional Use CU 89-03 removing condition of approval No. 6. In the alternative, Council hereby declares its intent to review the Hearings Officer's decision if it is not amended as requested". b. Uodate of MSTIP/2 - City Engineer advised the Washington County Coordinating Ccmunittee met today concerning the MSI'IP/2 project and funding request list. Consensus of the Coordinating Committee was to recommend to their respective Councils a project list consisting of $60,000,000 over a period of six years. He noted the assessment rates would remain the same as were currently being paid. City Engineer distributed the MSTIP/2 project estimates with projects, project description, and estimated cost listed. City Engineer noted the Coordinating Committee would need to ]maw by Page 1 - Council Minutes - July 10, 1989 July 24, 1989, if the City was in support of MSPIP/2. After discussion, Council consensus was to postpone consideration of this issue to the July 17, 1989, Council meeting. C. Review of Agenda Item .2A,: Award Bid for Pactrust Local Improvement District Contract - City Engineer advised that only two bids were received for the Pactrust Local Improvement District contract; however, bids were close to the engineering estimate. City Engineer noted staff recmmended bid award to Clearwater Construction for the "asphalt option," in the amount of $1,476,120.65. d. Review of Agenda Item No. 6: Amendment to the Noise Ordinance- Community Development Director updated Council on the Noise Ordinance issue. He noted citizens' canwnts included concerns with existing conditions which would not conform to the new wording. Staff reconmerided that existing conditions be treated as non-conforming uses. Coimmmity Developmient Director noted further review was needed on additional issues; he recommended postponing Council action on the Noise Ordinance amendment. e. Tigard Market Place Issues - Community Development Director reviewed the problems which were being addressed at the request of neighbors of the Tigard Market Place shopping center. The following issues were reviewed: o The developer will install additional signs noting that trucks may not travel behind the building during certain hours. These signs will be placed so there would be ample warning to the trucks before they are committed to driving behind the building. o The developer has notified maintenance contractors that street sweeping was to be done during appropriate hours. o Ccnm=ty Development Director advised a letter was being sent to residents outlinuxq progress on their concerns. Problems should be documented by the residents by calling the Police Department or City staff when a violation occurs. o Councilor Eadon reiterated it was her understanding that no building permits would be issued for this development until the problems were resolved. Council requested receipt of a copy of the letters being sent to the neighbors by next week. f. Additional Agenda Review: o Agenda Item No. 5: Appeal Public Hearing on S 89-08, Pacific Realty Associates, has been withdrawn. o Councilor Schwartz received clarification on issues for Agenda Item No. 4. City Engineer noted road construction in the C Page 2 - Council Minutes - July 10, 1989 Walnut area would require property purchase by the City. The issue before Council tonight was for a Comprehensive Plan Amendment which would protect the corridors for the road alignments only. No final road design had been prepared. g. Non-Agenda Request - Legal Counsel Grillo requested Council action during the Non Agenda concerning an issue currently before the Land Use Board of Appeals. (See No. 9 below.) 3. VISITMIS AGHM - No visitors were present. 4. QYZSENr AGEMA: 4.1 Receive and File: Council Calendar 4.2 Recess Council Meeting: Convene Local Contract Review Board Meeting (LCRB) : a) Award Bid for PadIrust Local Improvement District Contract; b) Approve Contract for Inspection Services for the Pacific Corporate Center Local Improvement District; Adjourn LCRB; Reconvene Council Meeting 4.3 Authorize Preparation of a Preliminary Engineering Report - SW 93rd Avenue Local Improvement District - Resolution No. 89-54 4.4 Recess Council Meeting: Convene City Center DevelopTent Agency (CMA) : Accept City Center Development Relocation Regulations- Resolution No. 89-0ICCDA; Adjourn CODA; Reconvene Council Meeting 4.5 Approve Special Permits: C7uisin' Tigard 189 - Res. No. 89-55 4.6 Initiate Proceedings to Vacate Portion of SW 95th Ave. - Resolution ( No. 89-56 C- Motion by Councilor Johnson, seconded by Councilor Eadon, to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. Councilor Johnson requested that Council receive a sketch of the proposed layout for the events at Cook Park (Reference: Consent Agenda Item 4.5) She noted she would like to see where parking was planned and be apprised of noise level (amps) for the music events. 5. PUBLIC EMAIUM - PIAN Air CPA 89-06 ASH AVENUE, BULMMGAM NPO A A reecumwndation by the Planning Cmmission to amend the Transportation Comprehensive Plan Map. The Ash Avenue connection to be modified to indicate a connection fro¢n the intersection of SW Walnut and Pacific Highway to Scoffins. An option shall be preserved to connect Ash/Hill to the Ash Street extension with a "T" intersection. The alignment of SW Burnham will be modified to intersect SW Main Street opposite SW Tigard. The realignment of SW Burnham will intersect the existing Burnham right-of-way at a point south of 9185 SW Burnham. The realigned portion will replace the existing portion of Burnham as the minor collector route. LOCATION: ASH AVENUE EXTENSION between SW Pacific Highway at Walnut and SW Scoffins. (WCIM 2S1 2BD, 2S1 2AC, 2S1 2CA, 2S1 Ic Page 3 - Council Minutes - July 10, 1989 2DB, 2S1 2AD, & 2S1 2AA) . BURNHAM/TIGARD RFALIGNME r - between SW Main Street at Tigard and the existing right-of-way of SW Burnham Street at a point south of 9185 SW Burnham. (WCIM 2S1 2AS & 2S1 2AD) . a. Public hearing was opened. b. Declarations or challenges: Councilor Eadon advised she had had extensive conversations with a property owner in the Ash Avenue area; however, she advised that this would not preclude an iulmrtial decision by her. Mayor Edwards also noted he had conversations concerning this issue and also believed he would be impartial in making a decision. Senior Planner Newton summarized this agenda item. 'Ihe City Center Development Plan and Report contained a number of recoamended street and traffic projects designed to improve access and circulation to and through the City Center. In order to construct the Ash Avenue extension and realign a portion of SW Burnham Street, a modification to the Comprehensive Plan Transportation Map was necessary. A public hearing was held on June 20, 1989, before the Planning Commission to consider the proposed modifications. By unanimous vote (5-0) , the Commission voted to forward CPA 89-06 to City Council recomnending ' approval of the Ash connection from Walnut/Pacific Highway to the Hunziker/Hall intersection with a strong recc mnendation that the Ash/Hill connection be preserved as an option for the neighborhood to connect the extension. The Commission also recc mTended that the Tigard/Burnham realignment be approved. City Engineer reviewed the transportation issues noting the City Center Development Plan recommended additional access to the downtown if the Plan was to be implemented. The goal was set to provide alternative routes which would not always require travel on 99W. Also of concern was to avoid encouragement of travel through residential areas as a throughway which would create major traffic in residential areas. It would be desirable to establish a grid- like system. C. Public Testimony: Proponents - Mere were none. �ponents o Gloria Johnson, 9300 SW Hill Street, Tigard, Oregon advised she was a 14 year resident of the City of Tigard. She noted concerns about livability if her street was directly connected to Pacific Highway. She said the CoaWrehensive Plan should protect existing residential ares. She noted she was Page 4 - Council Minutes - July 10, 1989 concerned that increased access to the neighborhood would also result in an increased crime problem. o Ken Doherty, 13265 SW Ash Avenue, Tigard, Oregon 97223, testified he was concerned with the proposal noting traffic had already increased significantly. He said he was concerned with the protection of the neighborhood. o K. V. Allison, 11830 SW Walnut, Tigard, Oregon, protested the connection of Walnut to Ash. He noted the potential aligrments would take out portions of either a four Alex or a ten Alex of the Pacific Village Apartments which he owned. He noted cost to align the streets through his area would be excessive with several million dollars needed for property purchase alone. Mr. Allison questioned the need for the realignment noting that commercial uses have been moving out of the downtown area and, therefore, he could not see the benefit of enhanced transportation routes. Mr. Allison advised the CPA would cause additional problems to property owners in the area who were attempting to sell their property. Mayor Edwards asked City Engineer if routes had been established and if Mr. Allison's complexes would be in the path of the roadway. City Engineer responded that routes had been sketched as "worst and best" case scenarios. Depending on the alignment chosen, it was a possibility that the four-plex building owned by Mr. Allison may be in the needed right-of-way. Mayor then explained to Mr. Allison this process was implemented in order to complement the Development Plan which was being reviewed by Council. He noted there were problems with the downtown area, and the Plan was an attempt to bring business back to the downtown area by enhancing the transportation system. o Mary Dorman, Planning Consultant for the White Ccanpany, 101 East 8th Street, Vancouver, WA, advised she was testifying on behalf of Property Management Services, Inc. (PMSI) . PMSI represented the general partners and managers for the King's Choice apartment complex located off of Pacific Highway and Walnut Street. She advised the complex consisted of 70 apartment units which were over 20 years old. The complex was purchased by PMSI in 1986; they have an interest in continuing ownership and management of this project. She advised PMSI became aware of this issue just recently which was why they did not participate at the Planning Commission level. Page 5 - Council Minutes - July 10, 1989 Ms. Dorman noted economic viability of the property was questionable should the roadway impact the apartments in any way. She noted because they were older units and generally housed an older population with a lower than average income, the Council should take into consideration the housing stock in the community. She also noted the possibility that PMSI would be asked to participate in an assessment for road improvements which would have no positive impact for their apartments. Accompanying Ms. Dorman was Gary O'Connell representing PMSI and the residents of the apart mmt units. He noted he was concerned with the proposed routes as sketched which would bisect this property. Mr. O'Connell reviewed haw the various routes would affect their property and noted the livability/desirability of the units would be affected. Further, the investment future was difficult to determine for these units until it was ]mown exactly what the City planned to do with this property. He noted the investment partners would probably look to sell this property within 7 to 10 years, but this issue put a cloud on the property. In response to some questions, City Engineer clarified that the road was designated as a major collector which would be generally three lanes; that is, two travel lanes with a center turn lane. o Jeff Johnson, 13140 SW Ash Street, Tigard, OR 97223, testified he had been a resident at his present address for two-and-a-half years but had also resided in the neighborhood in another home prior to this. He advised the approximately 30 neighbors had met on July 9, to discuss this issue and Mr. Johanson was testifying on their behalf. Mr. Johnson noted the neighborhood did not receive formal notice of the CPA public hearings although he acknowledged notification was given as required in the City Code. He rec=iended the City should consider better ways to disseminate information to parties who will be affected. Further, Mr. Johnson advised he disliked the format of the public notice; he felt it did not clearly detail what aligrmients were to be considered by Council. He suggested the Comprehensive Plan Amendment was premature in the economic development effort for the downtown area. He said it was a dangerous assumption to build the roads first since there had been no quantifications established with regard to traffic and shopping patterns of the neighborhood. Page 6 - Council Minutes - July 10, 1989 _ Mr. Johnson advised of his anger about the current speed of traffic on Ash Avenue; he placed responsibility for most of the problems on the residents of the Philadelphia Apartments. The neighborhood was concerned that the proposed Ash Avenue extension would create an increase in the traffic problem. Mr. Johnson said he believed there would be an increase in crime if the area became easily accessible. He reported the Ash Avenue extension would not relieve Highway 99 traffic congestion since local people presently use neighborhood streets to avoid using Hwy. 99. The extension would represent no benefit to the neighborhood. In response to a question by Councilor Eadon, Mr. Johnson advised that the option to extend Ash would aggravate an already unacceptable plan. Mr. Johnson advised the neighborhood bad not taken any position on the Burnham Street portion of the CPA proposal. In response to a question from Councilor Schwartz, wherein it was proposed that a transportation loop be provided which would bypass the neighborhood, Mr. Johnson advised some residents were very much against such a proposal. o Dale Deharpport, 6655 SW 158th Avenue, Beaverton, Oregon, testified he owned one-and-three-quarters of an acre (undeveloped) in the area which would be affected by the proposed road alignment. Mr. Deharpport advised that while he recognized the City's efforts to improve the downtown, his property values would decrease. There was discussion on whether this hearing was a review of a quasi-judicial or legislative matter. City Attorney advised that the appropriate notice for a quasi-judicial hearing had been given by the City of Tigard. Mr. Deharpport advised the proposed CPA would put a cloud on his property making it difficult to market. He noted the funding for improvements to the da&*,mm area had not been determined. He had asked if the proposed CPA was placed on the transportation map, would the change be removed if it was determined that funds were not available? In response to this question, Ccam unity Development Director advised if the CPA were to be approved tonight, it would represent the fact that Council had decided it was a good idea. If it was a good idea now, it would probably always be a good idea -- funding would not necessarily be the determining factor of whether the Transportation Map should be so marked. Eventually, the Council may have to reconsider the transportation route if it was determined the road would not be feasible. The City, in :ander to preserve the corridors for . Ar-. Page 7 - Council Minutes - July 10, 1989 the roads, was required to place the CPAs on the Transportation Map. This was consistent with the recommendations proposed in the Development Plan which had been received by Council. Mr. Deharpport noted his concern with continuing to be responsible for tax payments on this property when it was not marketable. o Jerry Scott, 9033 SW Burnham, Tigard, Oregon, advised he awned cmmiercial property which appeared to be directly in the path of the proposed road alignment. He asked if there had been any consideration to moving street alignment so it would go through empty property rather than eliminating buildings. Ccmmnxnity Development Director advised the determination of the best alignment would be considered at a future date. o Robert Bell of 14970 SW 150th, Tigard, Oregon, testified he was representing the United Methodist Church. Mr. Bell introduced Mr. Weber, a member of Board of Trustees of the United Methodist Church. Mr Bell advised almost any configuration of the Walnut\Ash connection would affect the function of the Church. He requested the City consider a configuration which would not affect their parking lot; they were presently looking at additional parking needs. Mr. Weber noted good relationships with the neighbors surrounding the church; they were all constricted on parking space. He advised the proposed CPA would impact these properties in a negative way and urged the Council not to put the Walnut\Ash connection through. o Jeff Graham, 13290 SW Ash Drive, Tigard, Oregon 97223, said he realized that the CPA was conceptual, but felt that once placed on the Map, it was more likely to becam a reality. He cited previous testimony from Mr. Johnson and whether answers had been given concerning whether studies had completed on traffic patters. Cam=uty Development Director outlined the studies which had been conducted for the City Center Plan Task Force for their work on the Development Plan. He noted that market, traffic, arra design studies had been completed. Mr. Graham noted he was concerned about the notification process. He said the City should take the extra steps to notify those persons who would be affected. He advised that because of the amount of opposition, Council would should reconsider the proposal. He also noted the NPO had not discussed this issue thoroughly. o Rick Brattain, 13185 Ash Drive, Tigard, Oregon 97223. Mr. Brattain raised concerns about urban renewal and noted the hones in this area were all nice haemes. The Mayor `! Page 8 - Council Minutes - July 10, 1989 clarified for Mr. Brattain that the urban renewal was not for the neighborhood but for the downtown area. The urban renewal issue was not before Council at this time. o Joe Gehring, 13215 SW Ash Drive, Tigard, Oregon 97223, advised he deferred his testimony time to Chuck Woodard. o Chuck Woodard, 10215 SW Main Street, Tigard, Oregon 97223, disagreed with the realignments as proposed in the CPA. He also objected to the map contained in the notice where a specific route was not shown. Mr. Woodard advised he attended the Planning Commission hearing. He questioned the process of a hearing before Planning Ccnunission when no conclusions could be reached. Now, the hearing was before Council; he said this presented a hardship on citizens by requiring them to testify at two separate meetings. Mr. Woodard questioned the traffic studies in that they did not detail the vehicle destinations. He noted he had taken counts over 17 days with regard to travel on Burnham to Main Street. Only one car had traveled from Burnham directly to Tigard Street; therefore, he questioned the need for the proposed realigmaent. Mr. Woodard also referred to his previous testimony urging preservation of buildings in the downtown whist. were of historical significance. He advised the realignment proposals would not be an improvement and recommended against Council implementation of the Comprehensive Plan Amendments. Mayor noted the following letters had been received into the record concerning the coniprehensive Plan Amendment: Letter dated July 10, 1989, from Jerry and Kris McBath, 13115 SW Ash Drive, Tigard, Oregon; Letter dated July 6, 1989, from Mrs. Lois Ganoe, 13165 SW Ash Drive, Tigard, Oregon 97223; Letter received July 10, 1989 from Verna Randall, 13195 SW Ash Drive, Tigard, Oregon 97223; and Letter dated July 7, 1989, Judy Burton Carbin, 13120 SW Ash Avenue, Tigard, Oregon 97223. d. Recommendation by camunity Development Director: He reviewed the concerns with the adequate public notice and advised this would be reviewed for better notification in the future. He restated the Planning C.camnission ration that the Ash connection not go Page 9 - Council Minutes - July 10, 1989 through at this time, but leave the connection on the Map as a future option. He noted the streets would not be constructed immediately; funding for the Downtown Development Plan would be considered by the voters in November. He advised the CPA was a conceptual proposal for the future. Once the conceptual idea was on paper the next step would be to determine the direct routes. He advised that no environmental or cost/benefit studies had been done, but traffic studies in the area had been performed. Sketches had been prepared outlining plausible scenarios for street locations. He agreed that because of the potential street alignments, affected property may be more difficult to market. The Tigard Street/Burnham Street realignment was proposed to make it easier to get through the downtown area. Canmmnity Development Director outlined the potential options before Council: 1. Uphold the Planning Commission recommendation and direct staff to prepare a Final order for adoption on July 24, 1989. 2. Uphold the Planning Commission recommendation on the Burnham/Tigard realignment, but continue action on the Ash Avenue proposal to a later date and direct staff to proceed with further analysis to determine a more exact alignment for the Ash Avenue connection. 3. Postpone a decision to allow staff more time to work with the neighbors to develop more specific alignments. d. Council Comments: Councilor Schwartz commended the staff's work and their endeavor to appease all parties. He also noted the amount of work which had been performed by the City Center Plan Task Force. Councilor Schwartz said the downtown area was deteriorating and that significant commercial businesses such as Albertson's and Payless had left the area. He advised the problem for these enterprises was with access — people cannot easily get in and out of the downtown area. Presently, no businesses were wanting to locate in the downtown because of the access problems. He advised that Council has looked at this area and the consensus over the last several years has been that something must be done to revitalize the downtown area. Councilor Schwartz explained that Council selected the alternative of proposing an urban renewal district. Urban renewal, he acknowledged, was unsuccessfully proposed to the voters a few years ago. Council reviewed why this proposal had been unsuccessful; a thorough study of the area has been performed in preparation of a presentation to the voters. Page 10 - Council Minutes - July 10, 1989 Councilor Schwartz advised that because of the issues raised by residents tonight, he was not prepared to make a decision at this time. He said he would like to review the CPA proposal and work towards a "win-win" situation for the City and for the downtown merchants. Councilor Johnson advised access and circulation to the downtown area must be preserved. There was a need for citizens to travel through and around the City of Tigard. She explained that dead-end streets were not the answer as they only added to the problem because other roads had to carry the extra share of traffic. She noted she was prepared to support the Planning Ccmmi,ssion decision but advised she was willing to meet with neighbors to discuss their concerns. Councilor Eadon noted appreciation for the public testimony. She said traffic issues had been a constant concern over the years. Council was charged with the difficult task of identifying transportation options which look to the future. She agreed the Comprehensive Plan Amendment proposal was vague; however, once concepts were provided, the City could begin to define the issues in more detail. Councilor Eadon reminded those present of the City's obligation to reimburse landowners for their property if it was needed for public improvements. She advised she was in favor of upholding the Planning Commission decision, but agreed that more clarification and discussion on the Ash Street connection would be beneficial. Councilor Kasten noted his concern over the slowly deteriorating downtown area. He noted Council was attempting to create a plan to revitalize the area; traffic issues were a major portion of that plan. The question of which should came first -- traffic plan implementation or ccmnercial development -- was a question which should be discussed. He noted he was also concerned about individual property owners and the hardship this CPA may be to them. He advised he would support the postponement of a decision to allow an opportunity to meet with concerned parties. Mayor Edwards agreed with the comments made by the Councilors. He noted revitalization of the core area was needed to better distribute the tax burden and to maintain high-quality livability in Tigard. He noted he had lived in the community for many years and the urban renewal proposal, in his opinion, would be of benefit to the City of Tigard. He advised he felt an earlier, similar effort was defeated because of lack of confidence and understanding of the City Council at that time. He advised that this Council had been working to build credibility and to advise citizens of exactly what was being proposed in the urban renewal effort. Because of this desire, he also favored not going forward with the approval Page 11 - Council Minutes - July lo, 1989 e of the Conprehensive Plan Amendment at this time. He would prefer to take additional time to talk with neighbors and property owners about transportation problems to discover solutions acceptable to all parties. Councilor Eadon commented on the testimony noting problems with the public notice procedures. She asked that future notices on this issue be sent to those persons who had testified at this hearing as well as the Planning Commission hearing. After discussion, Council consensus was to keep the public hearing open and continue it to August 21, 1989. Council recessed at 9:22 p.m. Council reconvened at 9:30 p.m. 6, Ap EAL PUBLIC EEMMr S 89-08 PA=C REMay AS90CIA`�, L.P. - NPO #5 An appeal of Condition No. 2 of the Hearings Officer Decision in the matter of an application for subdivision approval to divide 60.35 acres into 10 industrial lots; Pacific Realty Associates, L.P., applicant. LOCATION: North of SW Upper Boones Ferry Road, east of 72nd Avenue (WCIM 2S1 12AD, Tax Lot 800, 2S1 12DA, Tax Lots 100 and 101, 2S1 12DD, Tax Lots 100 and 600) . !! Mayor advised this appeal had been withdrawn by the applicant. F`. 7. CCNTINUATICH OF PUBLIC HFARIM - ANS To 'IIS TIGA10 MUNICIPAL 00DE (M6E), C{ WTE R 7.40 (NDISE). Amendments to the noise ordinance provisions of the TIC. a. Public hearing was continued from the June 12, 1989 City Council meeting. b. Public Testimony: o James Hart, 10255 SW Hill View Street, Tigard, Oregon 97223, advised he did not think staff had addressed the issues as had been outlined at the previous hearing. He advised the ordinance was not as enco¢Vassing or as enforceable as he would like to see it. He asked for more study including review of ordinances being enforced by other jurisdictions. Mr. Hart said he submitted the proposed Tigard ordinance to Paul Herman of the City of Portland who was knowledgeable on noise issues. Mr. Hart submitted the written cents from Mr. Paul Herman, Noise Control Officer for the City of Portland. (This document has been filed with the Council packet material). o Mr. Francis Brittain, 10285 SW Hill View, Tigard, Oregon 97223, advised he had concerns with noise from the Tigard Market Place. Community Development Director, at the request Page 12 - Council Minutes - July 10, 1989 of City Council, outlined the progress in addressing several problems with the Tigard Market Place: o Developer was aware of the areas of concern with landscaping and would be working on these issues- 0 Condensers on the roof have been moved inside. Noise levels have been tested, but written results have not yet been received of those tests. o Improved signage has been posted to advise truck drivers they were not to travel behind the building during posted hours. o Two parking lot lights still require shielding- Noise Noise from the Public Address system was a problem at times. The developer would be talking to individual tenants on this concern. o Problems with street sweepers and garbage trucks working before or after allowed hours of operation should be reported directly to the City by calling the City Administrator, Cammnity Development Director, or the Police Department. City Administrator advised, if possible, a license vehicle should be wri ten do nn and and on of the offendiword passed ng along to City staff. Mr. Hart noted that one of the problems was the fact that an issue would be taken care of only to have the issue come up again. Discussion followed. The Mayor acknowledged the frustration recurrence of problems; however, he advised that no new building permits for the development would be issued until the issues had been resolved. He also reported that the City would be issuing citations and fining perpetrators. Council consensus was to continue the public hearing to August 14, 1989. 8. PUBLIC MMdG - VACATICU OF RIGHT-OF-IWAY - A PCSRTICN OF SW 933RD AVENUE AND SW MAPLIfEAF SnZEEr Consideration of a proposed vacation of a portion of SW 93rd and SW Mapleleaf Street, in the City of Tigard, Washington County,, Oregon. A petition for the above-proposed vacation, meeting all signature requirements, was filed with the City of Tigard on May 18, 1989- The petition was signed and submitted by the Tramiel Craw CmTpany. a. Public hearing was opened. Page 13 - Council Minutes - July 10, 1989 t b. There were no declarations or challenges. C. Sm ation by Ccmmmnity Development Director: On May 22, 1989, Council accepted a ccmpleted vacation petition from the Trammel Craw Company which proposed a vacation of portions of SW 93rd Avenue and SW Mapleleaf Street. Vacation proceedings were initiated and a public hearing was set for July 10, 1989- The purpose of the vacation was to accommodate the development of the Lincoln V office building and parking structure which includes the realignment and inprovement of SW 93rd Avenue. Cc enmity Development Director reviewed the location of the property as illustrated on a map displayed for Council view. He advised the ordinance stipulated that the vacation would not be recorded with the County Records Division until all right-of-way dedications for the road realignments had been cmpleted. In addition, he suggested the ordinance be amended to stipulate that the vacation would not be recorded with County Records until the Land Use Board of Appeals case was settled. Mr. David Blake of Tran iel Crow advised that as of 6:00 p.m. tomorrow it was his understanding that Dr. Davis would drop his intent to appeal to the Land Use Board of Appeals. d. Recommendation by the Community Development staff was to approve the Ordinance presented adding the stipulation that the Ordinance was not to be recorded until the Land Use Board of Appeals issue had been resolved. d. ORDINANCE NO. 89-19 AN ORDINANCE VACA'T'ING A PORTION OF SW 93RD AVENUE, AND A PORTION OF SW MAI:T� STREET, BUM TOCATED IN A RECORDED PLAT CALLED "TOM OF METZGER," IN THE CITY OF TIGARD, WASHINGIPON COUNTY, OREGON Motion by Councilor Eadon, seconded by Councilor Schwartz, to approve Ordinance No. 89-19 with the added condition that the ordinance was not to be recorded with the Washington County Recording Office until the Land Use Board of Appeals issue had been settled. The motion was approved by a unanimous vote of Council present. 9. NCI-AG NDA 1TEM: a. Phil Grillo of the City Attorney's office recommended City Council consider a motion to voluntarily remand and review their decision concerning a minor land partition, site development review, and variance (MLP 88-16, SDR 88-25, V 88-39) requested by Burton Grabhorn (Centron) . Council had considered this issue on April 10, 1989, and subsequently adopted Resolution No. 89-27. The issue was Page 14 - Council Minutes - July 10, 1989 c . currently before the Land Use Board of Appeals; it was Legal Counsel's recommendation this matter be preserved for judicial review. Mr. Grillo suggested this action be considered tonight in advance of the LUBA oral argument which was scheduled for July 13th. Motion by Council Schwartz, seconded by Councilor Johnson, to voluntarily remand and review Council's previous action (Resolution No. 89-27) as was proposed by the City Attorney's office. The motion was approved by a unanimous vote of Council present. 10. EXEcuEmE SESSICK: The Tigard City Council went into Executive Session at 9:56 p.m., under the provisions of ORS 192.660 (1) , (d) , (e), arra (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 11. ADJOU r: 10:15 p.m. Approved by the City Council on ��-� /y , 1989. Deputy Recorder - City of Ti A/ i -Lt4nn=:�- - City of i Council President cw/Councill M:\OFFSVCS\ Page 15 - Council Minutes - July 10, 1989