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City Council Minutes - 05/22/1989 T I G A R D C I T Y C O U N C I L ' CITY COUNCIL MEETING MINUTES - MAY 229 1989 - 6:00 P.M. 1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn Eadon, Valerie Johnson (arrived at 6:45 p.m.) , and John Schwartz; City Staff: Pat Reilly, City Administrator; Ed Murphy, Community Development Director; Tim Ramis, Legal Counsel; and Catherine Wheatley, Deputy City Recorder. 2. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:05 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. (Council Study Session convened at 6:30 p.m.) a. David Blake of Tranunel-Crow Corporation reviewed a potential urban renewal district. Mr. Blake referred to an aerial map of the subject area. He advised he was requesting Council to discuss this project with him and determine whether there was enough interest on the part of the City for the creation of an Urban Renewal District. He noted that in order for improvements to be made in the area, the Trammel-Crow Corporation had discovered three impediments would need to be overcome: 1. Resolve access problems by increasing freeway and collector street accessibility. 2. Relocation of the Metzger Elementary School to an area which would be more compatible. 3. Address the wet land and wildlife issues. Mr. Blake advised the boundaries for the Urban Renewal District would need to be defined. (Councilor Johnson arrived at 6:45 p.m.) There was review on process and the need to identify the interested groups which would form a committee to study the potential boundaries. The district formation proposal would have to be approved by a vote of Tigard citizens. Mayor Edwards advised he would prefer that the Urban Renewal District stay within the Tigard city limits. Mr. Blake advised that the market value for the area was now set at between $10,000,000 and $12,000,000; the area has a potential market value of over $300,000,000. It was noted that this area was a part of a substantially larger area referred to previously as the "diamond area." i Page 1 - COUNCIL MINUTES - MAY 22, 1989 Mr. Blake reviewed his discussions he had had with the Oregon Department of Transportation concerning the area's transportation issues. He reviewed some of the options available with regard to accesses and arterials. He advised that development in this area would need a major ingress/egress point. Mayor Edwards expressed concern about the Metzger elementary school issue and possible relocation. Discussion followed. it was noted that the School District has been looking at locations and at this time, it looks as if the most likely location would be outside the Tigard city limits. There was discussion concerning improvements for the school and if tax increment financing could be used if the school was moved outside the boundary area. Legal Counsel advised that it would be possible to form two boundaries for the urban renewal district. With regard to a question by the Mayor concerning what impact it would have on the Metzger Elementary School if it was moved outside the Tigard city limits, Dr. Russ Joki, Superintendent for the Tigard School District, noted he felt whether or not the school was inside the city limits would not affect the school. There was further discussion on the transportation alternatives for interchanges. It was noted that funding for the new interchange probably would be borne by both the State Highway Department and the Urban Renewal District. Floodplain issues were discussed. Mr. Blake referred to the aerial map and pointed out where the floodplain was located. He noted the area was quite large; there was a potential for it to be an enhancement -- currently, it was a drainage problem. Senior Planner Newton noted the drainage problems have been exacerbated by the highway improvements in the area. Council consensus was they were enthusiastic about the concept and the project's magnitude. Mayor Edwards noted this would be an opportunity to develop the area and retain control over the quality and type of development. He suggested that Trammel-Crow officials contact officials from the Washington Square development to determine if there could be some mutual benefit and sharing in solving the transportation impact issues. There was discussion on process. Council consensus was that Mr. Blake and the Community Development Director should meet to determine the next steps. It was noted this should not be considered to be a City project at this time. It was agreed that the concept should be more defined and a timeline set. Councilor Schwartz expressed interest in acquiring community involvement early in the process so everyone affected would have an opportunity to note concerns and establish interests. Mr. Blake, in response to a question by Councilor Johnson, advised that the market for this area was strong if the momentum could be kept going forward. He said timing would be very important. It would also be advantageous to keep the issue t. non-controversial by involving the people in the area as much as Page 2 - COUNCIL MINUTES - MAY 22, 1989 possible. He advised Trammel-Crow would be conducting an individual-to-individual survey to give people an opportunity to personally discuss the issue. (Council meeting recessed at 7:10 p.m. ; Council meeting reconvened at 7:30 p.m.) 3. VISITORS' AGENDA: a. Mr. David Blake, 10260 SW Greenburg Road, Tigard, Oregon, was present on behalf of Trammel-Crow to ask Council initiate vacation proceedings for a portion of SW 93rd Avenue and SW Mapleleaf Street. It was noted that Council approved a Comprehensive Plan Amendment request filed by the Trammel-Crow Corporation on May 15, 1989. A petition for the vacation of the public rights-of-way was received and filed with the City on May 18, 1989, by the Trammel-Crow Corporation and contained the signatures of all abutting property owners and at least 67 percent of all owners in the affected area as defined by the Tigard Municipal Code (TMC) . The petition has been reviewed and meets all requirements def ined by TMC 15.08.080. Council must now consider whether to accept the petition and initiate vacation proceedings or reject the petition. Trammel-Crow's Lincoln Five/Parking Structure project will require a number of approvals including the vacation of the ( subject rights-of-way. Their desired timeframe calls for `. construction this summer. Council's recent decision to approve their zone change request has now started the process for subsequent approvals. Of these, the vacation was probably the longest due to state law requirements. Realizing this, Trammel-Crow has moved very quickly to complete the petition documents and was now requesting Council to initiate the process and not wait until a later meeting. b. RESOLUTION NUMBER 89-40 A RESOLUTION CONCERNING THE VACATION OF A PORTION OF SW 93RD AVENUE, AND A PORTION OF SW MAPLELEAV STREET, BOTH LOCATED IN A RECORDED SUBDIVISION PLAT CALLED "TOWN OF METZGER," IN THE CITY OF TIGARD, WASHINGTON ^OUNTY, OREGON. C. Motion by Councilor Schwartz, seconded by Coun. ilor Eadon, to approved Resolution No. 89-40. The motion was approved by a unanimous vote of Council present. d. It was noted Resolution No. 89-40 sets the date for a public hearing on the vacation of the rights-of-way. Page 3 - COUNCIL MINUTES - MAY 22, 1989 4. CONSENT AGENDA: 3.1 Approve Council Minutes: April 10 and 17, 1989 3.2 Select Main Street Bridge Replacement for Street Bond Funding 3.3 Recess Council Meeting; Convene Local Contract Review Board (LCRB) Meeting: Approve Amendment to GSA Contract; Adjourn LCRB; Reconvene Council Meeting; Approve Resolution No. 89-41 3.4 Approve Final Order - Comprehensive Plan Amendment CPA 89-02, Zone Change ZC 89-02; Sanders - Resolution No. 89-42 Motion by Councilor Eadon, seconded by Councilor Schwartz, to approve the consent agenda. The motion was approved by a unanimous vote of Council present. 5. APPEAL PUBLIC HEARING - COMMUNITY DEVELOPMENT DIRECTOR'S INTERPRETATION - S & L LANDSCAPING, INC.: An appeal of a Community Development Director's Interpretation that the operations of S & L Landscaping, Inc. , at 14380 S.W. 97th Avenue constitutes a storage operation which is not atornted use property. The the R-4.25 (Residential, 4.5 units/acre) zone app lied to theappellants assert that the operations of the business constitute a nursery. Nurseries fall within the "farming" use classification of the Community Development Code. Farming is a permitted use in the R-4.5 zone. A public hearing was open. a. Public Hearing was opened. b. Councilor Schwartz noted he had had discussions with the applicant; he would not participate in the public hearing nor would he vote on this issue. Mayor Edwards, Councilor Eadon, and Councilor Johnson also advised they knew the applicants but had not discussed this issue prior to this meeting. They all noted they believed they could make an impartial decision and would participate in the public hearing and be voting on the issue. c. Senior Planner, Liden summarized this agenda item. On April 6, 1989, the Planning Director issued an interpretation stating that the business activity established at 14380 SW 97th Avenue was not permissible as a "farming" activity. An appeal of this interpretation has been submitted by John Schwab on behalf of S & L Landscaping. Senior Planner Liden reviewed some of the issues that were contained in his letter dated April 6, 1989, to Mr. Castile. d. Public Testimony proponents o Jack Schwab, Attorney, 9250 SW Tigard Avenue, Tigard, OR 972239 advised he was representing S & L Landscaping. Mr. Schwab said farming was among the outrightly permitted uses in the R-4.5 zones. He advised the Code contains no definition of "nurseries," but advised that the appellants use Page 4 - COUNCIL MINUTES - MAY 22, 1989 of the property was well within the accepted scope of nursery activities which was named as a permitted use under Tigard Municipal Code 18.50.030(4). He advised he believed the applicants use of the property should be defined as a nursery because: Nurseries, by their nature, represent temporary storage on property. - Nursery uses such as the Monrovia Nursery in Dayton, Oregon, keeps their stock in containers as does S & L Landscaping. Further, S & L Landscaping has the same state license as does Monrovia. - A nursery's function was to serve as a staging area to transfer wholesale stock to retail outlets. Since Tigard's Code does not have a concise definition of a nursery, the applicants use should be considered within the agricultural permitted use language. Opponents• o Steve Knebel, 14535 SW 97th, Tigard, OR 97224 read his May 22, 1989 letter which had been submitted to the City Council. The following points were made: - He advised that the Castiles were operating a landscaping business with employees. - The Castiles do not raise any type of nursery stock, rather he uses the property for a staging area for his landscape business. - The property is used for storage of soil, rock, irrigation pipe, equipment, trucks, etc. - The garage of the existing house has been converted to an equipment repair facility. - A portable outhouse had been brought in for the employees. - Storage sheds have been erected on the property. - Mr. Knebel advised that a nursery was defined as a piece of ground or place where young plants are raised for transplanting or sale. He advised that this does not apply to the activities being conducted on this property. - City Development Code in relationship to "farm use" were developed to allow for compatible growth of the city in the already existing farming community of Tigard. He advised the area was becoming increasingly larger residential area. C Page 5 - COUNCIL MINUTES - MAY 22, 1989 Mr. Knebel advised that in his opinion, a farm/nursery paints a mental picture of a pastoral scene with young crops being raised for sale -- not mature plants being loaded and unloaded by equipment on a daily basis.advised that it concerned him that Mr. toCastile sat u es on toe planning Commission and had a say as lands in the city. In response to a question by Councilor Johnson, Mr. Knebel responded that he does not think this business represents a nursery type use. He further advised that storage and employees should not be allowed in a residential area. R_ebuttal: o Mr. Schwab advised irrigation pipes had been removed from the property except for those pipes necessary to water the plants. He reported the applicant had leased property outside of the area for storage purposes and for equipment repair. He further advised that because the Code allows for farming use in the area, very often employees would be expected to be allowed to work at the employees use. He advised there was limited activity by He noted that the portable outhouse had been removed from the property. �- In response to a question by Councilor Johnson, Senior Planner Liden advised that the home occupations section He of the Code was not concise with regard to farming use.said that farming would conceivably quite require outside employees. The applicant had been using this property for their business since October 1988. Mr. Schwab reminded Council that the S & L Landscaping business was not owned and operated by Mr. Castile, but rather, this was a business operated by Mrs. Castile. f, Recommendation by Community Development Staff: Community Development Director advised that the code was not clear, however, he believed it was the original intent of the zone to protect farm uses as residential areas grew to the farming community. He noted the activity on the land was not compatible with an R-4.25 residential area. He recommended City Council uphold the Director's Decision. g, Council Comments: Councilor Eadon agreed that when the Development Code was written, provisions were made to protect farm land as residential areas expanded. She also advised the Code does not allow the and following in residential areas: employees, extra storage, Page 6 - COUNCIL MINUTES - MAY 22, 1989 out-buildings. She said she would support the Director's Decision. She further advised she was willing for the City Attorney to revisit the Code to clarify the outright permitted uses in the applicable section. Should the majority of Council decide to allow this use, she requested a Site Development Review be required. Councilor Johnson advised she believed there were two obligations on the part of the City: 1) The protection of the integrity of the residential area, and also 2) Clarification of ambiguous language for the property owner who purchased property believing the nursery was a permitted use. She said she would favor a Site Development Review to place a restriction on the activities occurring on the property which were not consistent with a residential area. Mayor Edwards advised he agreed the Code was not clear on this issue, but he felt this use was not compatible with a residential area. He advised he would support upholding the Director's decision. He also requested the City Attorney review the Code with regard to the language clarification issue. h. Public hearing was closed: ( i. Motion by Councilor Eadon, seconded by Mayor Edwards, to uphold the Director's Decision: The motion passed by a majority vote; Mayor Edwards and Councilor Eadon voted "Aye," Councilor Johnson voted "No,"; Councilor Schwartz abstained. 6. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 89-04 HUGHES/POSCO LANDS NPO #2: A request for a Comprehensive Plan map amendment from Professional Commercial to Medium High Density and a zone change from C-P (Professional Commercial) to R-25 (Residential, 25 units/acre) for 1.75 acres. Also, a Comprehensive Plan map amendment from Medium-Density Residential to Medium-High Density Residential and a zone change from R-12 (Residential, 12 units/acre) to R-25 for 3.02 acres. The subject parcels abut. LOCATION: 11505-11515 SW Hall Blvd. (WCTM 151, 35DA, Tax Lot 1400) and 11555 SW 88th Avenue (WCTM 151, 35DD, Tax Lot 3300) . a. Public hearing was opened. b. There were no declarations or challenges. C. Summation by Senior Planner Liden. On May 2, 1989, the Planning Commission reviewed the proposal to amend the Comprehensive Plan map from Professional Commercial to Medium-High Density residential and to amend the zoning from C-P (Professional Commercial) to R-25 (Residential, 25 units/acre) for 1.75 acres located at 11505-11515 SW Hall Blvd. The property was currently Page 7 - COUNCIL MINUTES - MAY 22, 1989 developed with two single-family residences. Also requested was a Plan Map amendment from Medium-High Density residential to Medium-High Density residential and a zone change from R-12 (Residential, 12 units/acre) to R-25 for 3.02 acres located at 11555 SW 88th Avenue. The second parcel was currently developed with a 49-unit apartment complex. The two properties involved in the application abut. The Planning, Commission recommended denial of the proposal. Planning Commission's recommendation for denial was based on: 1. This would create spot zone. 2. The change would create problems for adjacent property owners. } 3. R-25 zoning should not be adjacent to R-4.5 zoning. 4. Lot 3300 is currently developed close to the R-12 designation. d. Public Testimony Proponents: o Phil Hedrick, 111 SW 5th, Portland, Oregon. Mr. Hedrick noted Dr. Hughes wanted to develop the property but had been unable to work with other property owners in negotiating the details of a sale. Further, he advised the zone change request was to allow the property located at 11555 SW 88th Avenue conform to its present use. The redesignation was requested in order to allow apartment development on Tax Lot 1400 and to allow possible future redevelopment of Tax Lot 3300 to at least its present density. As presently zoned, the apartments on Tax Lot 3300 were considered a non-conforming use because the parcel was developed at a greater density than the zone permits. Mr. Hedrick noted he had not received any offers for the property as currently zoned. opponents: o Richard Murray, 11440 SW Lomita, Tigard, Oregon advised he was in opposition to the request by the applicants. He cited concerns with problems experienced because of the existing apartments, noting a disproportionate amount of police calls and drug related problems. He advised that further development of apartments would disrupt their quiet neighborhood. o John Bouse, 11470 SW Lomita, Tigard, Oregon, testified he lives behind the subject property. He advised the he did not want to see more apartments built because of problems which had been experienced because of the current apartments. C Page 8 - COUNCIL MINUTES - MAY 22, 1989 e. Recommendation by Community Development Staff: Community Development Director noted staff recommended Council approval of r the proposed plan/zoning map amendments. t f. Council Questions and Comments: o Councilor Schwartz noted traffic problems and his concern that an increase in density to R-25 would exacerbate these problems. He advised he would be recommending to uphold the Planning Commission decision for denial of the proposal. o Councilor Johnson advised she would be willing to consider the rezoning of Tax Lot 3300 which was now non-conforming to the higher density of R-25. Councilor Schwartz commented that by changing this to R-25, the existing property could be upgraded to the maximum and he would prefer to see it be left at R-12. o Councilor Eadon noted the R-25 rezoning would go against the previous policy of transitioning zoning so that zones such as R-4.5 and R-25 do not abut. She advised she would be recommending to uphold the Planning Commission decision. o Mayor Edwards noted he agreed with the comments presented by the Councilors and noted he was also concerned about traffic impact. He advised he was concerned about the area and the problems the apartment complexes have caused. He noted he would be supporting the Planning Commission recommendation. o Councilor Schwartz noted he was in sympathy with owners who had been unable to sell their property; however, Council could not rezone land because an owner cannot market the property. g. Mr. Hedrick requested an opportunity for rebuttal of the remarks. He noted the Development Code sets forth buffering requirements; this request meets those requirements. He also disagreed that traffic impacts would increase because of the rezoning request. Councilor Eadon responded that the buffering issue was different from the Council policy of transitional zoning. A 30-foot buffer would not be adequate between R-25 and R-4.5; it would be more desirable to have a descending density between R-25 and R-4.5. h. Public Hearing was Closed: i. Motion by Councilor Eadon, seconded by Councilor Johnson, to uphold the Planning Commission decision to deny the proposal. The motion was approved by a unanimous vote of Council present. 7. PUBLIC HEARING - PROPOSED LOCAL IMPROVEMENT DISTRICT (LID) TO CONSTRUCT STREET AND UTILITY IMPROVEMENTS TO SERVE THE PACIFIC CORPORATE CENTER PROPERTY: The proposed LID will include the Pacific Corporate Center property and adjoining rights-of-way of existing and proposed roadways, including a proposed street connection to Bonita Road, S.W. 72nd Avenue, Upper Page 9 - COUNCIL MINUTES - MAY 22, 1989 Boones Ferry Road and Interstate Highway 5. The total estimated cost of design and construction is $2,126,166. The full cost of design and construction will be assessed against all properties within the proposed local improvement district on an area basis, except public rights-of-way. The purpose of the hearing is to hear remonstrances or objections to the formation of the LID. a. Public hearing was opened. b. There were no declarations or challenges. c. Community Development Director summarized this agenda item. He reviewed the process followed by Council to date. This public hearing was for the purpose of deciding whether or not to form the proposed LID. Notices were sent to property owners on May 10, 1989. Although not required by ordinance, notices of the public hearing were also sent to the owners of the properties adjoining the proposed LID. He advised that Mr. John Smets, who owned property adjacent to the Pac-Trust property, would not be assessed for the proposed LID. Community Development Director noted he recommended approval of the proposed ordinance forming the LID. He also advised that Dave Larsen was available for questions by Council should they have any concerns regarding the engineering report. Councilor Eadon asked if the traffic engineering report had been received in its entirety. Community Development Director responded yes -- there was nothing further to be added to the engineering ( report. d. Public Testimony: Proponents: Leon Hartvickson, Pacific Realty, 111 SW 5th Avenue, Portland, Oregon, reviewed the issues which had been brought forth to date. He advised that he would like to reserve an opportunity to respond to remarks by the opponents. Mr. Hartvickson reviewed the following issues: o Economic impact and expectations of the development. o The proposed road would be the same width as SW 72nd Avenue. o The development would represent a park-like environment. o He noted the 17-year history of development by Pac-Trust in the Tigard area with over 1,400,000 square feet of office space. He advised the project would continue to reflect their commitment to high-quality development. o Advised this would mean a large number of jobs in the Tigard area. C Page 10 - COUNCIL MINUTES - MAY 22, 1989 He reviewed some of the problems which the development would face without the proposed street extension through to Bonita Road. He noted that with the street extension, this area could compete favorably with other areas in the vicinity. He said if the street was not built as proposed, then substantial improvement to SW 72nd Street may be needed. Mr. Hartvickson advised he believed Mr. Smets had never intended to build the expanded design as presented to Council. He added that he did not believe the City would allow Mr. Smets to build at the density he was proposing and further, he did not think that Mr. Smets would be able to obtain financing for the projects he had proposed. He advised Mr. Smets could continue to operate his business on his property and would benefit from the LID. Mr. Hartvickson advised that Mr. smets was asking a price which was three times over the fair market value; Pac-Trust has offered to purchase the needed property in excess of fair market value. He advised that Mr. Smets had continually responded negatively and had been unreasonable with his requests. Mr. Hartvickson asked that Council authorize the acquisition of the right-of-way through the condemnation procedure. He advised failure to proceed with the proposed road could mean that it would be more expensive to mitigate the problems at a later date. (Mr. Richard Buono, Pac-Trust, advised that he deferred his testimony to Mr. Hartvickson's comments.) f Opponents: l Mari Smets, 6830 SW Bonita Road, Tigard, Oregon. Mrs. Smets advised she was representing her husband, John Smets, who was unable to attend because of complications associated with recovering from minor surgery. Mrs. Smets' remarks were read from text which was submitted to City Council. Rebuttal: Mr. Hartvickson noted the project would be of benefit to the community. The offers that had been made to the Smets were not at "bargain basement prices" but above the fair market value. The offer that was referred to with regard to Koll Properties was prior to the Pac-Trust offer. He advised that Koll Corporation did not have any other options at that time. The street will become public right-of-way -- not a private road. e. Recommendation by Community Development staff: Community Development Director noted that the criteria for a single-owner LID had been met. He noted that an ordinance was C Page 11 - COUNCIL MINUTES - MAY 22, 1989 now before Council which would authorize the formation of the LID. He noted that acquisition of adjoining land for the proposed roadway would be considered separately by Council. �. f. Consideration by Council: Councilor Johnson clarified this additional development would not result in additional tax revenues for the City of Tigard. She advised that City of Tigard operates on tax base; however, the millage rate for individual taxpayers would go down. She also noted that size and strength of property owners does not play a factor in determining whether or not to proceed with a project. She advised she had carefully considered the concerns. She noted noted she would support the formation of the proposed LID. Councilor Eadon noted she would support the formation of the LID because of the economic benefit to the City of Tigard and the fact the proposed street would be of public benefit. Councilor Schwartz noted that, initially, he had been opposed to the connection of the street through to Bonita Road because it would take Mr. Smets' land. However, after reviewing all of the testimony and the data submitted, he said it would be logical at this time for the connecting roadway. He advised that without this connection, the traffic problems would increase. Mayor Edwards noted he had reviewed the previous testimony and was in favor of the project. He noted he does not believe this LID proposal would jeopardize the Mr. Smets' operations, but r' rather his property would be enhanced. g. Public hearing was closed. h. ORDINANCE NO. 89-14: AN ORDINANCE CREATING THE PACIFIC CORPORATE CENTER LOCAL IMPROVEMENT DISTRICT, ORDERING THE CONSTRUCTION OF STREET AND UTILITY IMPROVEMENTS IN ACCORDANCE WITH THE PRELIMINARY ENGINEER'S REPORT, DIRECTING BID PROPOSALS BE REQUESTED, SETTING FORTH THE METHOD OF ASSESSMENT AND METHOD OF FINANCING, AND DECLARING AN EMERGENCY Motion by Councilor Johnson, seconded by Councilor Eadon, approved to adopt Ordinance No. 89-14 with Item No. 5 of the findings in the Ordinance noting that: The hearing was held on May 22, 1989. At the hearing, the Council received remonstrances from the owners of one property within the district. As part of the motion, it was noted there was one benefited property and that owner had testified in favor of the proposed district. The motion was approved by a unanimous vote of Council present. Page 12 - COUNCIL MINUTES - MAY 22, 1989 9. FINAL ORDER - COMPREHENSIVE PLAN MENDMENT CPA 89-03 AND ZONE CHANGE ZC 89-03; (DUVALL STREET) PROPOSED BY RIVERWOOD PROPERTIES a. ORDINANCE N0. 89-15. AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA 89-03) AND ZONE CHANGE (ZC 89-03) PROPOSED BY RIVERWOOD PROPERTIES. b. Motion by Councilor Eadon, seconded by Councilor Johnson, to adopt Ordinance No. 89-15. The motion was approved by a unanimous vote of Council present. 10. NON-AGENDA: a. Mayor reviewed a letter submitted by Peggy Weston-Byrd, Executive Director of the Tigard Area Chamber of Commerce dated May 17, 1989. Ms. Weston-Byrd advised that the Tigard Chamber has scheduled a wine tasting event at Director's Furniture. The purpose of the letter was to request a waiver of the $25 City of Tigard fee for processing a liquor license application. Motion by Councilor Schwartz, seconded by Councilor Johnson, to approve the waiver of the processing fee in the amount of $25. The motion was approved by a unanimous vote of Council present. b. Community Development Director advised that the Council had received a draft resolution which would authorize the City Attorney and staff to acquire the necessary additional right-of-way and easements for the Pacific Corporate Center Local Improvement District (LID). The LID called for a street connection between upper Boones Ferry Road and Bonita Road. Certain real property outside of the Pacific Corporate Center development must be acquired to accomplish the street connection. Adoption of the proposed resolution would authorize staff and the City Attorney to acquire the necessary property. RESOLUTION NO. 89-43: A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS AND THE FULL USE AND ENJOYMENT BY THE PUBLIC OF SUCH IMPROVEMENTS, AND AUTHORIZING THE CONDEMNATION OF SAID REAL PROPERTY IF NECESSARY. Motion by Councilor Eadon, seconded by Councilor Schwartz, to approve Resolution No. 89-43. The motion passed by a majority vote; Councilor Johnson voted "No." Community Development Director noted that Pac-Trust representatives had advised the Resolution before Council was to negotiate up to 72-1/2 feet for the right-of-way; however, it was noted that up to 80 feet would be necessary for the right-of-way. Page 13 - COUNCIL MINUTES - MAY 22, 1989 Motion by Councilor Schwartz, seconded by Councilor Eadon, to add the following sentence to Section 1 of Resolution No. 89-43: "Acquisition will not exceed a width of 80 feet." This sentence would amend the Resolution as well as the exhibits to said Resolution. The motion passed by a majority vote; Councilor Johnson voted "No." 11. ADJOURNMENT: 9:15 P.M. Approved by the Tigard City Council on June 26, 1989. Deputy Recorder - City of Tigar ATTEST: I Aq[ i 11 Ill. A� v rVv - City of i and Council President cw/9930D C Page 14 - COUNCIL MINUTES - MAY 22, 1989