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City Council Minutes - 04/13/2010 Agenda Item o. `--, Meeting of l l D Laity of Tigard v Tigard Business Meeting ,Minutes TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: April 13, 2010 — 6:30 p.m. Study Session.; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard —Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 + STUDY SESSION Discuss Use of Urban Renewal Funds to Subsidize Temporary Use Fees for Downtown Tigard Businesses —Redevelopment Project Manager Farrelly presented the background information. • This issue came up because the owner of Max's Fanno Creek Brew Pub expressed concerns about needing to obtain multiple temporary use permits for brew fests. • Seasonal event permits are issued for events that are different from the approved use. In the case of Max's brew fests, tents are set up outside. This requires staff review for parking, clearance and other issues applicable to the zoning district. • The value of such events to bring activity downtown was noted and discussed. • Councilor Buehner suggested events such as what Max's proposed could be differentiated from other uses such as a fireworks stand. • Mayor Dirksen suggested that if a business plans a yearly event, then a permit could be issued to allow this event every year. • Redevelopment Project Manager Farrelly advised some of the suggestions would require an amendment to the Community Development Code. Study is needed to determine the amount of staff time required. • City Manager Prosser said the event might change from year to year requiring staff review and enforcement. These have costs that are recovered through the permit fee. ■ Redevelopment Project Manager Farrelly described how other jurisdictions have handled similar events from year to year. If the event is substantially the same, then the price can be lower after the first year. • Mayor Dirksen said these code changes are not necessarily a high priority but the discussion brought out other options that to explore. At least temporarily, he said any subsidy should be limited to repeat permit requests. It would be good to have examples from other jurisdictions. • City Manager Prosser suggested proposals be reviewed by the City Center Advisory Conn-nission first. • Council President Wilson suggested that the first step would be to determine how much staff time it takes to administer the permits. • Redevelopment Project Manager Farrelly asked if City Council would want to review recurring temporary use permits citywide, not just for the downtown. Upon caution by the City Manager, Council members clarified this would be a temporaty permit for established businesses. The events requiring a permit would recur within a calendar year. After brief discussion, the Mayor concluded that this could be explored citywide,but that it might end up that this would only apply to downtown businesses. TIGARD CITY" COUNCIL—April 13, 2010 City ofTigard 1 13125 SW HaU Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.dgard-or.gov I Page T of ll ■ Redevelopment Project Manager Farrelly said he'd be taking this to the City Center Advisory Commission to discuss next month. • Discuss Whether to Endorse the Local Jobs Fund Act ■ Councilor Webb noted she was in favor as part the effort to look for solutions. ■ Council President Wilson said he was generally not in favor; government needs to cut costs. ■ Mayor Dirksen pointed out that, in the end, money for programs is coming from the same place: out of taxpayers' pockets. ■ Councilor Buehner said the State of Oregon does not get back nearly the funding that we "send out." We need to think of the health of our community ■ Council President Wilson said he doesn't think there is any evidence that stimulus spending works. ■ Mayor Dirksen said there is short-term benefit. Council President Wilson said was not sure if this would help to get the economy going again. ■ Mayor Dirksen summarized that it appears that the City Council is split on this matter. He and Council President Wilson do not want to endorse, while Councilor Buehner and Councilor Webb would like to endorse. Councilor Webb said she'd be willing to go along with Mayor Dirksen and Council President Wilson if they feel strongly against issuing an endorsement. Mayor Dirksen said that if crises are handled by"band aid" fixes to temporarily avert, then the crises do not get addressed. ■ Administrative Items reviewed by City Manager Prosser: o Scheduled Monday,July 12, 2010 for a joint meeting with Lake Oswego City Council. Tigard will host. o Tea Party Protest scheduled for Tigard on Thursday,April 15, 4-6 p.m. City Manager Prosser advised that 1,000 are anticipated to participate. The Protesters will march down a portion of Pacific Highway to the Tigard Post Office,where they will hold a rally. The City has signed a parade permit. o Agenda Itern No. 7 —Consider Development Code Amendment (DCA2010-00001) to Extend Land Use Approvals will also be discussed at April 20 Workshop and the Public Hearing will be continued to April 27. • EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:50 p.m. to discuss labor negotiations under ORS 192.660(2) (d) and real property negotiations under ORS 192.660(2) (e). Executive Session concluded at 7:02 p.m. Mayor Dirksen called the meeting to order at 7:30:15 PM 1. BUSINESS MEETING 1.1 Call to Order- City Council&Local Contract Review Board 1.2 Roll Call Name Present Absent Mayor Dirksen ✓ Councilor President Wilson ✓ Councilor Buehner ✓ Councilor Henderson ✓ Councilor Webb ✓ 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports: None TIGARD CITY COUNCIL April 13, 2010 City of Tigard 13125 SW Ha13 Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.6gard-or,gov j Page 2 of 11 1.5 Call to Council and Staff for Non-Agenda Items: None 7:31:15 PM 2. PROCLAMATION—Mayor Dirksen issued the following proclamation: ■ Days of Remembrance Week—April 11-18, 2010 3. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Tigard High School Student Envoy Taylor Friesen—presented a.report on student activities. A copy of his report is on file in the City Recorder's office. • Follow-up to Previous Citizen Communication: None • Citizen Communications Sigh Up Sheet 7:35:40 PM ■ Christian Haaning, 3630 SE 33'Avenue,Portland, Oregon 97202 said he runs the Cascade Education Corps Prograrn at Tigard High School,which is a joint partnership between the Tigard-Tualatin School District and the Northwest Regional ESD. This program has been at Tigard High School for about seven years and iii Washington County for the last 17 years. He said he works with 8-9 at-risk students who might not be able to graduate or have been in trouble with the law. Through this program,they perform restoration work throughout Washington County,working with agencies such as Clean Water Services,the City of Sherwood, and the Tualatin Hills Park and Recreation District. Mr. Haaning said this Program is based at Tigard High. Beyond working with Tigard Public Works Surface Water Quality/Volunteer Coordinator Staedter there has not been much cooperation from the City of Tigard. He said the students enjoy working within their City. He cornrnented on the benefits for these young people when working in a team atmosphere and making a positive impact on the envirotu-nent within their own community. Mr. Haaning expressed a desire to open the lines of communication between the City and this Program. He said he would like to expand the Program and do more work in Tigard. He said there is a charge for their services,but it is a minimal cost. These young people work on parks and recreation projects,painting,leaf removal,etc. Mayor Dirksen directed Mr. Haaning to leave his contact information with the City Recorder and said he was sure there were things that could be done to work in concert with one another. 7:39:15 PM Mayor Dirksen reviewed the Consent Agenda: 4. CONSENT AGENDA: Reviewed by Mayor Dirksen 4.1 Approve Council Minutes for November 24,December 15 and December 22,2009 and January 5 and 12,2010 4.2 Receive and File: a. Council Calendar b. Tentative Agenda TIGARD CITY COUNCIL-April 13, 2010 City of Tigard 1 13125 SW Hatt Blvd.,Tigard,OR 97223 1 503-639--4171 1 www.tigard-or,gov I Page 3 of ll 4.3 Appoint John Storh .to Tetxaporarily Fill the Seat of Library Board Member Scott Hancock,Deployed by the United States Military for Approximately One (1) Year 4.4 Accept the 2009 Solid Waste Report and Retain Existing Solid Waste Rates 4.5 Amend Master Fees and Charges Schedule to Institute Fees for New Downtown Land Use Review Procedures 4.6 Approve a Resolution Approving an Intergovernmental Agreement Between the Cities of Tigard and Beaverton and Washington.County for the Highway 217 Interchange Management Study 4.7 Approve Submittal of Application for ODOT Readiness Initiative Grant Funds 4.8 Local Contract Review Board: a. Approve Change Order No. 2 for Hoodview Sewer Reimbursement District No. 45 Motion by Council President Wilson, seconded by Councilor Buchner, to approve the Consent Agenda. The motion was approved by a unanimous vote of Council Present: Mayor. Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Absent Councilor Webb Yes 7:40:57 PM 5. RECENE TREE CI`T'Y USA GROWTH AWARD AND PRESENT TREE STEWARDSHIP AWARDS Associate Planner Daniels and Associate Planner/Arborist Prager presented the staff report and a PowerPoint presentation: • Associate Planner Daniels reviewed the events the City sponsored for Arbor Day and Week during the month of April. • Associate Planner/Arborist Prager reviewed that Tigard has met the requirements for the 9" consecutive year to be recognized as a Tree City USA. • In 2009 the City planted more than 13,000 trees that will provide more than 200 acres of tree canopy when mature. • This is the second year in a row that Tigard received national recognition through the Tree City Growth Award Program. Last year the City completed its first Urban Forestry Master Plan, conducted an urban forestry survey to find out how the City of Tigard residents want the urban forest to be managed, tree preservation was incorporated into all capital improvement projects,and the City hosted a tree care workshop at the Library. o Brian Wegener of Oregon Community Trees presented the Tree City USA plaque and the Growth Award flag. Mr.Wegener noted that in the first five years of Clean Water Services "Tree for All,"program, the City of Tigard has completed 55 percent of its 20-year goal. • Associate Planner/Arborist Prager and Assistant Planner Daniels reviewed the presentation slides showing the celebration planting at the Maty Woodward school last Thursday in continuation of the cooperation in tree planting support between the City and School District. With the help of students, more than 100 trees were planted at the school. The School District has agreed to maintain the trees. • Associate Planner/Arborist Prager said each year the City recognizes individuals or groups that excel in protecting or enhancing the urban forest with a Tree Stewardship Award.. The City received a number of good nominations and the one that stood out was the partnership between Cascade Education Corps and City of Tigard employee,Carla Staedter. Most of the 13,000 trees planted last year was done by the Corps. The Corps nominated Ms. Staedter noting that she goes above and beyond by inspiring TIGARD CITY COUNCIL-Apri113, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 4 of 11 them to"go the extra mile." Christian Haaning of the Cascade Education Corps presented the Award to Ms. Staedter and described some of the efforts by Ms. Staedter that made a difference for the young people in the Corps. • Ms. Staedter remarked on her appreciation of the students in the Corps and said she has counted on them to tape care of the more difficult activities adding to the Storm Water Quality Improvement Program and the restoration of the City's urban forest in the riparian corridors. She noted the importance of cleaning up after pets—up to 20 percent of the fecal bacteria in streams comes from dogs. She expressed her thanks for the Award. • Associate Planner Daniels thanked all of the volunteers who have been involved. • Mayor Dirksen said he found it gratifying to have a City employee be nominated for this award by a community group. He commented on the benefits of having students of all ages involved in planting trees. Council reviewed item Nos. 6 and 7 in reverse order. 8:33:59 PM 6. UPDATE ON PROPOSED TRIMET SERVICE CUTS • Senior Transportation Planner Gray said TriMet is facing significant budget shortfall for the rest of this fiscal year and into next fiscal year. In response,TrilAet proposes service cuts,including.reduced frequency of service for WES. She introduced TriMet Service Planner Tom Mills and Market Program Coordinator Jon Joseph. • TriMet Service Planner Mills said they were at tonight's meeting to deliver bad news. Due to the recession, TriMet is facing a significant budget deficit. About 55 percent of their funding is received through payroll tax and,as unemployment has increased, the payroll tax receipts have decreased. They receive a little more than 20 percent of their funding from fares and when unemployment increases, the revenue from fares decrease with fewer people taping transit to work. • For this upcoming fiscal year,TriMet is projecting a$27 million budget deficit. Last year,TtiMet experienced a$31 million budget deficit,which means their budget has decreased over the last two years by $58 million. • TriMet is addressing the deficit in a number of ways: O A 5 percent administrative service cut. o Continuation of a salary and hiring freeze. o Executive furloughs. o Add$7.2 million of Federal stimulus funds that were held over from last year. o Increase fares by five cents. o Reduce bus,MAX,and possibly WE service. Mr. Mills reviewed how TriMet addressed the deficit last year through a 9 percent non-service reduction, application of the stimulus funds and instituting the salary and hiring freeze, executive furloughs and layoffs. In the past 18 months,TriMet reduced staff by 120 employees. Service is the last place TriMet looks to fill a budget gap,but there ate times when they have no choice. Mr. Mills reviewed how TriMet approached identification of service cuts. Cuts were focused in areas: • Low ridership bus lines • Low ridership trips on certain bus lines,including the MAX + Evaluation of areas of alternative service,where people have other options • Impact the least number of riders and where there is capacity TIGARD CITY COUNCIL-April 13, 2010 Cityof Tigard 13125 SW HaU Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 5 of X X Mr. Mills reviewed the areas of service reductions that were also outlined in the meeting packet information, noting one significant change: • Reduce frequency on Line 12,early in the morning, mid-day and later in the evening, • Reduce frequency on Litres 43,44, 62, and 56. • Limes 92 and 94 are express routes will have one trip removed in the morning and in the afternoon during periods when there is available capacity on the trip before or after. • Initially for Line 45,TriMet proposed service cuts to discontinue Sunday service. Line 45 runs from Washington Square through the Garden Home area and into downtown Portland. This proposal has changed. TriMet now proposes to have Line 45 on Sundays, but only into Multnomah Village. At that point, someone who wants to go further to downtown Portland could transfer. • Line 43 serves Taylors Ferry Road and terminates most of the time at Washington Square. Some trips proceed to the Nimbus Business Park. That portion of the trip of Line 43 has low ridership. At first this portion was going to be discontinued;however, this service will continue but might have fewer trips. This portion of the line will go onto a"performance watch"where over the next year,TriMet will develop targets for ridership and if improvement is not realized,it might again be under consideration for:discontinuation. Mr. Mills said TriMi et is considering cuts on WES;however,Tigard and other cities in the region are WES partners. TriMet plans to discuss with its partners how to best address WES. There are a range of options,including the option of no changes. TriMet announced its intention for the above service cuts in February. Since then,TriMet has held five open house meetings, three public hearings,on-board outreach,postings at bus stops,email blasts to riders,taken telephone and written comments,as well as comments from their operators. The comment period will continue until May 23. The first reading of the proposal will go to the TriMet board on April.28, 10 a.m.,at the Beaverton City Hall Council chambers at 10 a.m. A second and final reading will occur on Wednesday,May 26, 9 a.m., at the TriMet Board meeting in the Portland Building. .Following the second reading the Board is expected to take a £zeal vote on the proposal. Council President Wilson comrented that everyone is affected by these difficult economic tunes. He asked if TriMet plans to make any permanent cuts of under--performing lines. Mr. Mills said there are two lines that will be discontinued;they have a history of low performance. When the economy returns,TriMet expects to restore a lot of service;however,the plan now is not to restore those lines. Council President Wilson commented on the WES line. He said he understands that TriMet is making cuts were it makes the most sense. Given that WES was just completed at a significant capital expenditure, he assumes TriMet is proposing cuts because it is under-performing expectations. Council President Wilson said he has believed one of the reasons it is under-performing is because it is running too infrequently and lacks mid-day service. Because of the massive capital expenditure it seems that "we ought to make a go of it." Perhaps service should be increased. He said it seems to make sense to try to build ridership in the corridor especially since there is now talk of another light rail service. Mayor Dirksen added that if there was a problem with the vision of WES,it was that the vision was too small. He agreed that gains could be made at the fare box by increasing service with greater frequency and providing mid-day service,which would open it to an entire new ridership. To reduce the service, would be a mistake. The current level is the minimum functional level of service. TIGARD CITY COUNCIL-April 13, 2010 City of Tigard 13125 SW HaU Blvd.,Tigard,OR 97223 1 503-639-4171 1 www,tigard-or.gov I Page 6 of 11 Councilor Webb agreed with the above comments by Mayor Dirksen and Council President Wilson. Her experience in the newspaper business was that when the economy was down,businesses that succeeded advertised more to capture more business. Those businesses that decided to pare back, usually went out of business. She said she believes this same comparison could be true for WES. The limited service has deterred her own personal ability to take advantage of WES. Mr.Joseph commented on expanding WES service. TriMet is limited in what they can do based on the agreement with Portland&Western Railroad. At 16 trips per day,WES provides as many trips as Portland&Western agreed to. It comes down to railroad issues, Federal railroad administration, etc. Unfortunately,TriMet is not in a position to expand service. TriMet agrees with the statements just made as they would like to have service that ran all of the time. The basis of commuter rail is that it would take people to and from work. TriMet is looking at reducing the final trip on WES, as one possibility because there are 13 riders on the way to Beaverton and on the return trip to Wilson, there are 20 riders. This is exceptionally low ridership. The option of reducing the frequency will not be chosen. WES averages a little more than 1200 rides per day,which is 40 percent of capacity. To be good stewards of public funds,TriMet needs to look at its performance as with any services. TriMet,in January,launched the'WES works" campaign. They are interested in growing the ridership of WES; however,they are limited as to what they can do. Mr. Mills added that in the last three months,the ridership has increased from a year ago. It was unfortunate that WES opened in a down economy. The 1200 rides a day is good. WES is here to stay. Councilor Buehner said Highway 99W is now at over-capacity. Tigard is under-served by bus service. Pacific Highway is the heaviest travelled road (non-freeway)in the entire state. Reducing bus service will add to traffic,slow down buses,and possibly cost TriMet some ridership. Parts of Tigard are densely developed,more so than SE and NE Portland. Yet,Tigard does not have the same service as does SE and NE Portland. To reduce the service we now have,will cost Tigard residents jobs that will impact TriMet because of the reduction in payroll taxes. She asked TriMet to rethink what it plans to do with Line 12. In response to a question from Mayor Dirksen,Mr.Mills reviewed the reductions planned for Line 12 relating to frequency in service. Mr. Mills agreed with Councilor Buchner in that the buses on Line 12 will be more crowded. When the economy returns, the first restorations will be on the frequent service lines and Line 12 is one of those. Mayor Dirksen said the Council understands the circumstances TriMet is faced with. Mayor Dirksen said TriMet will be a receiving a letter from the Washington County Coordinating Committee, representing the views of the majority the Washington County communities and the County itself. In response to an inquiry about the impending departure of General Manager Hansen,Mr. Mills said at a recent Board meeting,it was announced there will be a national search conducted. It will be the Board's decision on a replacement and Mr. Hansen will also be involved in the selection process. The search committee will make a recommendation to the Board. There will be a transition period. 7:58:06 PM 7, LEGISLATIVE PUBLIC HEARING—CONSIDER A CODE AMENDMENT TO EXTEND LAND USE APPROVALS (DCA2010-00001) a. Mayor Dirksen opened the public hearing. TIGARD CITY COUNCIL—April 13, 201.0 C€ty of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 vAvw,tigard-or.gov I Page 7 of 11 b. City Attorney Ramis reviewed procedures. C. There were no declarations or challenges. d. Summation by Community Development Department: 8:02:03 PM Associate Planner Caines presented the staff report along with a slide presentation. She reviewed the components of the proposed amendment: o New Chapter proposed for the Community Development Code, 18.115,which lists all of the defined terms found throughout the Code. o An extension of previously approved land use decisions,January 1, 2007-June 30,2010. Under the current Code those land use decisions were effective for 18 months and the applicant can request a one-year extension so the approval expiration dates would be July 1,2008—December 31,2011. The Code language would be added to certain sections of the Code for Site Development Review (typically commercial and multi-family projects), subdivisions and minor land partitions. The amendment would automatically extend cases within these periods to December 31,2012. There are 42 cases that would be affected by the amendment. She reviewed the locations of the affected properties on a map. On March 1,2010,the Planning Commission held a public hearing. There was no testimony supporting or opposing the amendment. There was some concern that the extension might not be long enough to see through to an upturn in the economy. The amendment can be revisited for another extension. The Planning Commission voted,9-0, to recommend the amendment as proposed. She reviewed the staff report,which included the positive outcomes fostered by this amendment. One concern is there might be Code changes in the long-term that could affect how development looks in the future. If the proposed ordinance is adopted,development could occur under outdated standards, Councilor Buehner asked if the City Council had the authority to extend some types of permits and not others. Associate Planner Caines said yes. Language regarding extensions is included throughout the Code. This would be another subsection within the extension subsection of the Code. Mayor Dirksen asked how other jurisdictions have handled extensions. She said the City of Tualatin approved an extension for a limited type of properties that needed architectural design review. Associate Planner Caines advised she could get information regarding other jurisdictions. C. Council President Wilson said he would life to consider possible alternatives. He said he was curious about allowing extensions for any reason,not just economic. He wondered if there was a possibility when a project is approved and then has expired,to bring it back under an administrative permit process if the project was substantially the same. Associate Planner Caines advised there was nothing currently in the process to do this. She said that if someone was approved under a set of standards then those standards could not be changed. Council President Wilson gave the example of a permit issued under a Type III process and then the permit expires and the project is withdrawn. He suggested a process if the developer comes back later with the same project,the staff would review the project for conformance;i.e.,have laws changed or is there a changed circumstance. If not, then the permit would be reissued. Associate Planner Caines said this is not a possibility under the current Code. City Manager Prosser said this might be an alternative proposal the City Council would want to consider.in TIGARD CITY COUNCIL—A ffl 13, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.rigard-or.gov I Page 8 of ll place of what is before them tonight. Council President Wilson asked if staff thought this would be a good idea. Comtraunity Development Director Bunch said he has seen other jurisdictions use such a process as "an amendment to an overall approved development plan." This would be processed as either a Type I or Type II and would save the developer considerable expense. Staff would need to evaluate the Code and review examples for similar processes in other jurisdictions. Council President Wilson said if there is still some validity to the initial decision, then he would like to hear additional comments by staff after they have done their research. Community Development Director Bunch said staff would conduct the review and pointed out the additional complications in that other agencies that would have jurisdiction over the development and they also have standards that could change;i.e., Clean Water Services. 8:14:33 PM £ Public Testimony The Mayor announced that it is City Council's intention to take public testimony and continue this hearing to April 27. Council will take additional testimony on the 270',which would give citizens an opportunity to review and consider proposed language. Written comment would also be considered by the City Council before it deliberates. • Ernie Platt,Homebuilders Association, 1555 SW Bangy Road,Lake Oswego OR, said staff outliaaed the situation clearly and noted his appreciation for the City taking up this issue at this tune. He noted that a number of agencies in the area have come up with some kind of process as discussed. He referred to the economic conditions as they have affected development proposals. Mr. Platt advised HBA had worked with the City of Tualatin when they amended their Code. They only identified two approved partitions that would be subject to extension. Both of these developers indicated they were not interested in an extension. Mr. Platt reviewed that Washington County granted extensions for a time certain and it has turned out this was not long enough. The County is in the process of considering another extension. He requested, as the Mayor had announced, that the hearing be kept open so if there is further modification of this proposal, that there be opportunity for the public to address the changes. Mr. Platt said that, as proposed now, the Code amendment is a straightforward way to proceed. He acknowledged the concerns for changes in the future. o John Wyland, JT Smith Companies,2694 Coeur d'Alene Drive,West Linn, OR 97068,thanked the staff for their work on the proposed amendment. He said his company owns 19 acres on Bull. Mountain known as the Sunrise Lane Subdivision. Their company has expended a lot of time, effort,and money on land use approvals for this property. He said they have already exhausted the one-year extension allowed by the Code. The extension in very important to their company. He said they have properties in other cities including Newberg. Newberg's extension approval"covers everything"—commercial and residential. The process for an extension is Newberg consists of a letter to request a time extension. Mr.Wyland said he supports the current proposal as it is written. He said the proposal would promote economic recovery in the City of Tigard. o John Snaith,23600 Salamo,West Linn, OR 97068 advised he agreed with Mr. Wyland. Developers need the help through extensions. He advised these have been offered in other jurisdictions. He said West Linn has granted a conditional extension;however,hanks consider this to be an "unknown" and, therefore,it is not an approval. Appraisers also do not consider a conditional TIGARD CITY COUNCIL-Apri113, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www igard-or,gov I Page 9 of 11 extension to constitute an approval. This is detrimental to securing financing. Developers need the extension. He referred to his Tigard project,which had been challenged several times at LUBA, and a condition would open them up to potential new challenges. He urged the City Council to approve the extension to give therm more time. He thanked the City Council for its consideration of this matter. 8:26:15 PM o James Lampus, 13219 Deerfield Court,Lake Oswego, Oregon 97035 reviewed renderings representing an approved development of 37,000 square feet on SW 72"d and Dartmouth Road. He thanked staff for their help on this project,which meets the spirit of the Code. The project is pedestrian friendly and would be constructed so that it would connect withh the streetscape. The project has undergone extensive redesign to add to the potential of what the Tigard Triangle could be. If an extension was possible,then they would have certainty that their project was approved and their leasing plan is ready to go. Once the economy is better and they market to attract tenants to secure financing,they would not have to start over with the process. He requested the support of the City Council. In response to a question from City Attorney Ramis,Mr.Lampus advised he would provide smaller renderings for the record. 8:31:58 PM d. Continuation of hearing. Motion by Council president Wilson, seconded by Councilor Webb,to continue the hearing to April 27, 2010. The motion was approved by a unanimous vote of Council Present: Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson .Absent Councilor Webb Yes Mayor Dirksen advised that the City Council would be discussing this proposed amendment to the Code at its workshop meeting next Tuesday. This workshop meeting would not be a time to take testimony. Testimony could be offered at the continued hearing on April 27. Mr. Smith,who testified earlier, asked if the City Council would be planning to make a decision on this matter on April 27. Mayor Dirksen said that would be the Council's assumption,but it would depend on what they hear. Between novo'and April 27, Mayor Dirksen said people who cannot come to the meeting could send written testimony,which will be considered at that meeting. Council reviewed Agenda Item.No. 6 at this time, 8. COUNCIL LIAISON REPORTS: None 9. NON AGENDA ITEMS None 8:59:05 PM City Manager Prosser announced the Executive Session: TIGARD CITY COUNCIL-April 13, 2010 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 v .tigard-or.gov I Page 10 of 11 10. EXECUTIVE SESSION: The Tigard City Council went into executive session under ORS 192.660(2) (e) to discuss real property negotiations. 11. ADJOURNMENT Executive Session and the City Council Meeting adjourned at 9:07 p. . Catherine Wheatley, City Recorder Attest: Ma or, City of Tigard Date: ? Q-7• 10 1AADWCATHYICCM120101100413 final.doc TIGARD CITY COUNCIL April 1.3, 2010 Cityof Tigard 1 13125 SW Matt Blvd.,Tigard,OR 97223 1 503-639-4171 1 VAm.€igard-or.gov Page 1I of S1