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City Council Minutes - 02/24/2015 InE City of Tigard Tigard City Council Meeting Minutes . . . February 24, 2015 STUDY SESSION Council Present: Mayor Cook, Councilor Henderson,Councilor Goodhouse,Council President Snider and Councilor Woodard Staff Present: City Manager Wine,Assistant City Manager Newton, Interim Public Works Director Goodrich,CCAC Vice Chair Arendes and City Recorder Krager COUNCIL LIAISON REPORTS - • Council Henderson reported on CDBG grant awards. He said Jennie Proctor from the program and Associate Planner Grass may attend a future study session and report on the program. • Councilor Henderson attended a meeting about the Tigard Street Trail and mentioned an issue with ownership of the Tigard Street Trail alignment. He reported that the property is not all owned by the railroad. McCoy Oil owns the Allied property and the forest running adjacent to it. There are three different tax lots. City Manager Wine said the city's lease is only for the ODOT-owned property and the idea for the trail is to make private property part of the concept. Councilor Henderson expressed concern about designing something without the knowledge of the property owners. He added that Economic Development Manager Purdy has attempted to contact the owners. • Mayor Cook said there was a McDonald/Gaarde/Pacific Highway project open house and 24 neighbors attended. Not many concerns were raised. Several people believe making the intersection more efficient will attract even more traffic to a street that is already busy. • Mayor Cook said he attended Forest Grove Mayor Truax's State of the City address where he incorporated information about three other cities into his speech. He mentioned the Tigard Triangle and compared the issues of big and small cities, saying they are often the same,just on a different scale. • City Manager Wine met with city managers from Lake Oswego and West Linn to hear concerns about delay of the Lake Oswego Tigard Water Partnership project. She said they continue to do everything possible to compress the schedule and more mitigation will be offered to the West Linn neighbors (hotel stays,moves and car washes). She said the partnership is trying to lower the impact of the project on neighborhoods. In response to a TIGARD CITY COUNCIL MINUTES - FEBRUARY 24, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov Page 1 of 17 question from Councilor Henderson,City Manager Wine said outreach efforts will be doubled to get the message to the neighbors closest to the disruption. Mayor Cook noted there had been power outages with not much warning but this is something out of the cities' control. • Mayor Cook mentioned the addition of fitness equipment in Dirksen Nature Park. • City Manager Wine said two members of the Tigard Youth Advisory Council will travel to the National League of Cities Conference in Washington,DC from March 6-11. She said Executive Assistant Bengtson is putting together the details for the youth travelers and a staff chaperone. Partial funding came from Councilor Henderson's and Council President Snider's travel budgets. Councilor Woodard offered up any remaining travel funding. • Councilor Goodhouse said he has continued his city tours and field trips,visiting the library, Tigard facilities and going on a building inspector ride-along. RECEIVE METRO UPDATE FROM COUNCILOR DIRKSEN Metro Councilor Dirksen discussed regional transportation and how it is an opportune time,with the Oregon legislature in session, to talk to them about getting the funding we need to do transportation projects. He distributed a handout about the lack of funding for regional transportation and Metro's proposal to achieve some assistance from the legislature. He said there is an infrastructure crisis yet people are still moving to Oregon. Doing nothing has costs. The federal gas tax has not been raised in 20 years and has lost 50 percent of its purchasing power due to inflation. He said we cannot keep looking to Washington DC for help. The Oregon Transportation Forum was created last year and has several recommendations for a bill to send to the legislature. o The proposal includes increasing the gas tax but tying it to fuel efficiency. o It would increase funding for road maintenance distributed in a standard formula of 50 percent to the state/30 percent to counties/20 percent for cities. o The plan would also support transit for elderly and disabled residents. TriMet is required by ADA to provide on-call service for elderly and disabled passengers and this is very expensive. A typical bus ride costs TriMet$1.50 and one an average on-call ride costs $20. They still can only charge the regular fare. This is as much a social service as a transportation service and it is logical that the state help pick up the tab. Nationwide the states provide a large percentage of transit services in cities. In Oregon it is very little so the OTF is proposing that the state pick up more of this cost. o Maintenance will not solve all the transportation problems. As the state grows we have to grow the transportation system. OTF recommends a separate gas tax increase to be used specifically for enhanced or improved transportation projects. o Restore Connect Oregon program to $50 million a year. When it began it was at$100 million and the last two times it was funded at$42 million. o Per Oregon's Constitution state gas taxes must be used for road projects, not transit, and bike lanes only as part of a road and within the right of way. TIGARD CITY COUNCIL MINUTES — FEBRUARY 24, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov Page 2 of 17 o A one-cent gas tax for ten years is proposed that would address the issue of"orphan highways."A prime example is Hall Boulevard in Tigard,which is actually State Highway 141. This temporary tax would be available to incentivize improvements so a local jurisdiction can take them over.These roads are not a primary part of the state system so they get little or no attention. In many cases there is a local jurisdiction that would much rather have responsibility for it and be able to control how it looks and is maintained. He said it could go the other direction such as switching Cornelius Pass Road,which ought to be a state highway, from the county to the state. In response to a question from Councilor Henderson, Councilor Dirksen said the OTF is recommending three separate gas tax increases,maintenance,improvement projects and the one cent increase for orphan highways. They have not specified how much the other two increases would be. He said JPACT endorses the proposal without any modification. The Metro Council forwarded this on to the legislature. He urged Tigard's council to take opportunities to encourage our state representatives to support this proposal. Council President Snider asked if local councils should pass resolutions of support. Councilor Dirksen said resolutions are good but attending public hearings and especially getting local business leaders to testify has greater impact. Council President Snider suggested Tigard's and other cities' councils should go to Salem and speak,not taking no for an answer. Mayor Cook said LOC is supporting this and will call elected officials as these hearing dates are set. City Manager Wine said City Day is on Thursday and when staff meets with Tigard's legislators they will discuss how to advocate for transportation funding. SW Corridor is moving forward.The goal is to determine the locally preferred alternative before getting into the federal DEIS process,showing communities what the plan would be and giving them an opportunity to vote on it before entering into an expensive process with the federal government. Growth Management was remanded but the remand was withdrawn.Metro will make a decision by the end of the year whether to make a decision or ask for an extension. It may be easiest to say no expansion needed for this year and then start a new process next year that will not be under all the legal issues that have arisen from this. Climate Smart Communities is in the hands of LCDC.They will decide by May if it meets the requirements. He noted that Tigard has a grant in the Enterprise Places grant program for the downtown. City Manager Wine thanked Metro Councilor Dirksen for the Nature in Neighborhoods grant and an RTO grant for Safe Routes to Schools. Councilor Dirksen said that program has become so popular they had twice as many requests as they had money to grant. Mayor Cook asked if any RFFA funding could go to Safe Routes to Schools. Councilor Dirksen said he assumed those types of projects would compete favorably. TIGARD CITY COUNCIL MINUTES — FEBRUARY 24, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 3 of 17 BRIEFING ON THE POTENTIAL LEASE OF A BULK STORAGE SITE FOR THE PUBLIC WORKS DEPARTMENT Interim Assistant Public Works Director Goodrich said the Public Works Department is in the process of moving from their existing two and one-half acre facility to a leased one-acre space on Ash and Burnham. They have moved out of the Zuber house,which will be demolished for the relocated dog park. Mr. Goodrich asked staff for options and some feedback suggested consolidating bulk storage off site. Public Works currently has bulk material stored at Canterbury and two other locations and consolidating and centralizing it would free up space at city locations and be more efficient. It seemed like a reasonable option so he investigated locations. There is some open space on 8200 SW Hunziker Road,with 15,000 square feet, fence,electronic gate,24/7 access, that is flat and out of the floodplain. Mr. Goodrich said the lease cost is $2,250 and is on a month to month basis with a 90-day notice. Four public works divisions will divide the cost which equals a$6,700 annual cost for each division. Three of the four are enterprise funds. Money is budgeted in each division for next year. Depending upon council approval,the material could be moved to the new location as soon as April.The divisions can absorb costs prior to the new budget year. Council President Snider asked if it was competitive. Mr. Goodrich said there is not a lot of bare land available and with Oregon's marijuana initiative passing,industrial property is sought by growers. Mayor Cook added that some sites have been able to triple their asking price. Councilor Henderson requested to see the lease prior to execution. Council President Snider suggested increasing the lease timeframe and Interim Public Works Director Goodrich said things are still under negotiation so he will request that. City Manager Wine said unless council desired otherwise, this bulk storage area lease will appear on a future consent agenda. Administrative Items: • Coverage for Councilor Woodard at the March 11 Library Board meeting_ City Manager Wine said Library Director Barnes requested the presence of a city council member at this meeting. The budget and Thursday closures will be discussed. Council President Snider asked if the meeting date could be changed as he was unavailable on March 11 but could attend on a different date. Mayor Cook said he could attend if the meeting is held earlier in the day. City Manager Wine will present these options to Library Director Barnes and communicate with Council President Snider and Mayor Cook. • Attendance of CCAC members in CCDA Executive Sessions City Manager Wine gave some background on this request. Three years ago council said this would be allowed if members have received executive session training. Mayor Cook said one concern is increased meeting length due to a greater number of attendees asking questions. Council President Snider suggested allowing them to listen but avoid extended discussion. CCAC Vice-Chair Arendes said if that lack of participation is expected,it would need to be clearly stated as the CCAC is accustomed to asking staff questions and discussion. She asked if they would be allowed to TIGARD CITY COUNCIL MINUTES - FEBRUARY 24, 2015 City of Tigard 13125 SW Hall Blvd.,"Tigard,OR 97223 www.tigard-or.gov Page 4 of 17 continue the dialog after the meeting and City Manager Wine said due to confidentiality, such discussion could only be held in a CCAC Executive Session. Councilor Woodard asked about having the CCAC Chair represent the entire CCAC and if more discussion was needed,taking it back to the group. Council President Snider said it was important that boards be aware of where the council or CCDA is heading on items they are advising on. He said they need training or they cannot participate. City Manager Wine will put together guidance and discuss with Redevelopment Project Manager Farrelly. CCAC Vice-Chair Arendes said the city attorney led executive session training in 2014 but there are a few new members that will need training. Councilor Henderson reminded everyone of an OLCC Listening Post on Marijuana this Thursday, February 26, from 4-6 p.m. at the Embassy Suites near Washington Square. He suggested a 3:00 p.m. arrival to get a seat. 1. BUSINESS MEETING—February 24,2015 ku El A. At 7:40 p.m. Mayor Cook called to order the City Council and Local Contract Review Board meeting. B. City Recorder Krager called the roll. Present Absent Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ C. Mayor Cook asked everyone to join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items -Councilor Henderson announced a meeting at Embassy Suites regarding the OLCC review of marijuana initiative, from 4-6 p.m. on Thursday, February 26,2015. He lauded the outreach process and said the OLCC Listening Posts have been extremely informative. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B. IR Tigard Area Chamber of Commerce—Chamber CEO Mollahan gave an update on chamber events. The Shining Stars banquet is scheduled for April 24,2015. An after-hours meeting for mature professionals is scheduled for the second Tuesdays of each month from 5-7 p.m. TIGARD CITY COUNCIL MINUTES - FEBRUARY 24, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 5 of 17 i Bowlarama will be held this Saturday,hosted by Tigard Bowl, a local business that has supported the event for 20 years. The Farmers Market will add a mid-week market on Wednesdays at the Tigard Grange beginning April 1. The opening day for the Sunday Farmers Market is May 10. C. Citizen Communication—Sign Up Sheet. 10 Carter Kruse, 13290 SW Genesis Loop,Tigard, OR 97223 said he wanted to bring the proposal for a YMCA to the city council. He thanked the council and city for their support and help to fund the feasibility study. It should be up and running in April helping to fund a telephone survey for area residents on having a YMCA in downtown Tigard. He said the calls will be coming from Tennessee and the process could take three to four weeks. Our goal is a 500 call minimum. We brought people today to show support for a YMCA is continuous. Zach Dean, 7814 SW Cedarcrest St.,Tigard, and Adam Lafountain, 11202 SW North Dakota Street,Tigard thanked the city for their support. They introduced a volunteer team interested in this project. Architect Scott Brown is a principal with YGH Architects. Their portfolio of projects include specialization in government,corporate office and recreational facilities. Mr. Brown is a Bull Mountain resident.The structural engineers are Darron Hayden and Gabi Miller from Hayden Consulting Engineers,a small engineering firm located in Tigard since 2003. They introduced builder Bob Grey, from TS Gray Construction, has worked in construction since 1964. They also introduced Neal Brown,who has been very active in the program to bring a YMCA to Tigard. He said they look forward to informing citizens about what a YMCA can bring to them and the community. Mayor Cook commented that Mr. Gray was one of his mentors and has built many buildings in Tigard including the Tigard High School stadium and the Broadway Rose Theater. He said Mr. Gray has done a lot for the community. GI Neal Brown, 13853 SW Box Elder Street,Tigard, said this is a big evening as there are many people in the audience to celebrate transitioning from talking about bringing a YMCA to planning action. He said it has grown from one man's vision to an expansive community project,reflected by the number of people here tonight to support it. He expressed gratitude to the mayor,council and staff and said it was their decision to commit to money for a feasibility study that made the celebration possible;they even brought coffee and doughnuts. Mr. Brown asked council to look out at the crowd. Many times people come to council meetings because they are angry,unhappy or are NIMBYs (not in my backyard). He said these people are happy and are here to thank you. They are ready to roll up their sleeves and work towards bringing Tigard a YMCA community center. He recognized Carter Kruse,Adam Lafountain and Zach Dean and said they are future community leaders. He said it has been an honor to work with professionals Darron Hayden, Gabi Miller,Bob Gray and Scott Brown. He said he selected these people because they have deep roots in the Tigard community. He showed concept drawings of a 106,000 square foot building. He thanked Mr. Gray and Mr. Hayden they are under budget. They can do this for under$28 million for land and building. He said by TIGARD CITY COUNCIL MINUTES - FEBRUARY 24, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 6 of 17 comparison, Sherwood's YMCA is about 55,000 square feet. He said there is 86,000 square feet of usable space with two swimming pools, four basketball courts,and a community room that will hold 330 people. He commented that he would love to have the Rotary Club meetings there. There is a community theater,teen center,weight room,cardio rooms, exercise rooms, coffee shop, classrooms,child watch area and a wellness center. He said they are trying to create community. When he looks at Sherwood he sees that they are building community and"We can do it too." He thanked everyone for coming and asked those who are in support to stand. He said he went door to door to talk to merchants on February 18 and of the 20 merchants he spoke with 18 were positive. He noted there were a few downtown merchants present and he asked them to stand. H Kathy Fastenau, 14467 SW 130 'Avenue,Tigard,OR 97224,spoke in support of the YMCA. She said a membership in a YMCA can be used at other places as well when traveling. She read a list of the top ten reasons to bring a YMCA to Tigard: 1. Great staff. All are trained in CPR and first aid. Quality people will be running a YMCA. 2. Classes,classes, classes.There will be classes for everyone,all ages and sizes. 3. People need people. The YMCA brings together all types of people. 4. Meeting the needs and always listening to our wants;they will work with us 5. Free child care 6. Personal training 7. Wellness centers 8. Swimming pools 9. Body mechanics and massages 10. We all need to get healthy Becky Cancelosi, 13332 SW 129 h Avenue,Tigard, said she has lived in Tigard for 13 years and is a full-time mom and volunteer in schools and the community. She advocated for a YMCA as her family has a strong workout ethic and they want to pass this on to their children. In Oregon unfortunately,a building is needed. She said she would love to run indoors when it is cold outside. This center would provide community and bring people to downtown merchants Reid Iford, 11575 SW Pacific Highway,Suite 151,Tigard,is the editor and publisher of Tigard Now,a new weekly newspaper starting publication next week. He said they are not taking anything out of the community,but only giving. He is donating the newspaper and server space and giving free advertising to all Tigard businesses. His other business endeavors make it possible to do this for free. He has extensive background as a journalist and activist in Tigard and also as a broadcast journalist and network television producer. Mr. Iford said each city councilor can have a space for a column if they would like. There is also space for every city division, board or committee. He said businesses in Tigard need support and Tigard is large enough that if all residents did business with local companies they would all be successful. He invited people to go to tigardnow.com and the sister publication tigardshopper.com He requested that story ideas be sent to him. He clarified that Tigard Now is not competing with print newspapers. TIGARD CITY COUNCIL MINUTES - FEBRUARY 24, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.dgard-or.gov Page 7 of 17 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) A. APPROVE CITY COUNCIL MINUTES • January 13,2015 B. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PGE FOR A BACK-UP POWER SOURCE FOR A WATER PARTNERSHIP FACILITY RESOLUTION NO. 15-08—A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING AN AGREEMENT FOR ALTERNATE SERVICE BETWEEN PORTLAND GENERAL ELECTRIC COMPANY, THE CITY OF LAKE OSWEGO AND THE CITY OF TIGARD RELATING TO CONSTRUCTION OF THE NEW WATER TREATMENT PLANT,AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT C. AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT TO FACILITATE GOVERNANCE OF THE WILLAMETTE RIVER WATER SUPPLY D. AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT WITH CWS REGARDING THE RIGHT OF WAY AT THE SOUTHERN END OF 85TH AVENUE E. LOCAL CONTRACT REVIEW BOARD: CONSIDERATION OF A CONTRACT AWARD FOR PACIFIC HIGHWAY/ GAARDE/MC DONALD WATERLINE Council President Snider moved for approval of the consent agenda. Councilor Woodard seconded the motion. Motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ TIGARD CITY COUNCIL MINUTES - FEBRUARY 24, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 8 of 17 4. REQUEST FOR A PERMIT FEE REFUND ON STEVIE LEVIN EAGLE PROJECT ElFinance and Information Services Director LaFrance presented the staff report on this item. Eagle Scout Steve Levin's eagle project was a new sign for the Good Neighbor Center. He paid $192 of his own money for the permit to do that work but since he is not a non-profit,the city cannot refund Mr. Levin directly.The city code does allow a fee refund if council perceives a community benefit from the activity that outweighs the financial burden to the city. The city received a letter from the Boy Scouts of American requesting a refund and this was in attached to the summary for this agenda item. Mayor Cook was supportive. Council President Snider agreed but asked if an eagle scout asks for a permit to fix the Good Neighbor Center sign why staff did not head them in a different direction to begin with. Finance and Information Services Director LaFrance said at this point staff cannot do the waiver up front;it must come from council. Council President Snider said, from a community member perspective, the city should be bending over backwards to make the process smoother for a person wanting to do something to help and improve the community. Mr.LaFrance said an option for council is to direct staff to bring a code amendment waiving the sign code directly for non-profits up to a certain dollar amount. He said this would make it easier for Southside Soccer or Tigard Little League when they want to post signs for a temporary period. Councilor Goodhouse said he was in favor of that and Mr. LaFrance said he will bring this forward for council approval. Councilor Goodhouse moved for approval of the permit fee refund for the Stevie Levin Eagle Scout project. Council President Snider seconded the motion. The motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ 5. LEGISLATIVE PUBLIC HEARING—CONSIDER RIVER TERRACE MAP AND CODE AMENDMENTS a. Mayor Cook opened the public hearing. 10 b. Hearing Procedures — Mayor Cook announced that this is a legislative public hearing in which any person shall be given the opportunity to comment. TIGARD CITY COUNCIL MINUTES - FEBRUARY 24, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 www.dprd-or.gov Page 9 of 17 C. Staff Report—Senior Planner and River Terrace Project Manager Shanks presented legislation to council that includes a map and code amendment to implement the recently adopted River Terrace Community Plan. She presented a slide show to give some River Terrace background and context. She showed a graphic of the River Terrace Community Plan adoption process timeline and said if council adopts the code and map amendment, staff will be shifting from planning to the next phase—permitting and land use approvals. She said tonight's decision is important because it opens the door for development to happen in River Terrace. Senior Planner Shanks discussed the two parts of the amendments under consideration, the map and the code amendments. She showed a slide of the River Terrace zoning map. Once land use approvals are obtained it is expected that developers will begin public facilities in this area. The proposed zoning of River Terrace is predominantly residential which was dictated by Metro when River Terrace came into the urban growth boundary. Residential zones range from R-4.5,relatively low density to R-25,which is more dense and situated near the commercial area and along Roy Rogers Road. This zoning map was publically vetted over several months in 2013 and unanimously recommended by the project Stakeholder Working Group and the Planning Commission. It is consistent with the Comprehensive Plan designations recently adopted by council and is also consistent with Metro density requirements. Ms. Shanks noted that lower density areas were specifically sited near the edge next to existing residential neighborhoods to ease transition into medium-high and higher density zones near the commercial area and along Scholls Ferry and Roy Rogers Roads. Senior Planner Shanks said the only change in the zoning placement throughout the time it was considered is that the commercial area was stretched to have some frontage along Roy Rogers Road. Senior Planner Shanks said the River Terrace code amendments are in one chapter that staff proposes to add to the five other plan districts in the Community Development Code. Plan Districts provide a means to create unique development regulations for a specific area that also work in tandem with base zone regulations to achieve a desired outcome. The amendments have been designed to allow development to move forward now while the city is still working on details of the mechanisms to implement the funding strategy. So the code amendments as written,with a section called Provision of Adequate Public Facilities, allows developers to move forward and submit land use applications now but it also protects the community's interests in making sure that infrastructure is built and or, adequately funded before issuance of final approvals on land use applications. Ms. Shanks showed a slide of the table of contents of the plan district and said she would only discuss sections that are complex or have noteworthy provisions that she wanted summarized for the record. She invited questions from council on any of it. TIGARD CITY COUNCIL MINUTES - FEBRUARY 24, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 ( www.tigard-or.gov Page 10 of 17 Section 18.660.030 Provision of Adequate Public Facilities is unique and critical because it allows development to move forward with the adoption of zoning but also ensures that needed public facilities are built per the master plans that were recently adopted by council and also adequately funded per the River Terrace Financing Strategy also recently adopted prior to final land use approvals. The city attorney helped write this section. Section 18.660.060 River Terrace Boulevard Development Standards address private development along the boulevard,not the boulevard itself. This is how the boulevard will be framed by development. It regulates building placement, design,lot orientation, fence height and vehicle access from the boulevard and facade design. A density bonus was written into this section for those lots immediately abutting the boulevard to somewhat offset the land and development costs and allows smaller and narrower lots. She showed graphics of residential facade designs including window orientation or percent of a garage window so it does not look like a blank wall. She said staff heard from the development community that they have no real concerns about meeting these design requirements.This is something Tigard does not have for any other single family development. Section 18.660.070 Planned Developments This section modifies how the exiting planned development chapter in the city's Community Development Code would apply in River Terrace. The proposed amendments include standards and incentives to encourage development that is consistent with the Community Plan, the Transportation System Plan, the Parks System Master Plan as well as the city's Strategic Plan. Specifically, this section aligns the open space requirements that are currently required in a Planned Development (20 percent) to meet the level of service standards as identified in the River Terrace Parks System Master Plan. This chapter also requires additional development enhancements to advance the Community Plan vision. Another key provision is that it limits what a developer would have to deduct for rights of way. The nature of River Terrace is that it is long and skinny, especially through the middle. Developments abutting Roy Rogers Road, while they might have frontage along that road, may not get access from it. As a result of these constraints, the city will see a lot of side-lot or rear-lots oriented towards these main streets and this will create alley-loaded lots. What staff has heard from developers is that they need additional right of way to provide this access. The city did not want them to be penalized when providing alley-loaded homes because lovely frontage was desired along River Terrace Boulevard and to mitigate because they cannot take access from either River Terrace Boulevard or Roy Rogers Road. Section 18.660.080 Street Design provides design standards for the boulevard and the street through the commercial area and also describes when private streets, skinny streets and alleys are required or allowed. It builds off the city's existing code in all three cases. Section 18.660.100 On-Street Parking Standards is something new for Tigard. It would provide clear and objective on-street parking standards which the city currently does not TIGARD CITY COUNCIL MINUTES - FEBRUARY 24, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 11 of 17 have for both single-family and duplex development. They work in tandem with existing off-street parking standards and would allow for small parking pockets in lieu of traditional on-street parking spaces. This section allows parking to be provided in new and different ways. Section 18.660.110 Temporary Sales Offices and Model Homes was added by the Planning Commission at their hearing. The current code only allows one model home per subdivision. This code section allows for more in certain instances.The subdivision would have to be a certain size and it would have to be a planned development.The request for more than one model home must be concurrent with either a subdivision or planned development application. It requires removal if the final plan is not recorded. This is designed to enable developers make the most of the real estate cycle. HSenior Planner Shanks summarized the comments and staff responses. Staff sent out notice of tonight's public hearing and a summary of the proposal to all residents and property owners in River Terrace as well as other interested parties. They did not hear from anyone except the developers and the school district. She said four developers and the school district did an extensive review with an eye towards implementing it and with very specific projects in mind. This was a great way to run through the code to see if it does what we want to achieve. Staff accepted 85-95 percent of the comments and recommended changes. Council President Snider asked what was not accepted by staff. Ms. Shanks said it was a comment from West Hills Development in the Planned Development section. They wanted to eliminate the open space requirement altogether and focus on the development enhancements. Staff disagreed and kept in the open space requirement that it aligns with the Parks System Master Plan for River Terrace. Senior Planner Shanks directed council to the blue and green covered handouts distributed tonight to them. She said the blue handout reflects changes made to the code after the Planning Commission review with a few other minor changes from staff. One substantive addition is under section 080 Street Design. A new subsection was added to clarify when private streets would be allowed in certain locations. This builds off the city's existing provisions for private streets and requires, among other things, that an applicant demonstrate why a private street is appropriate for a particular location as opposed to a public street.The current code does not have that specificity so staff thought it was appropriate to add. Senior Planner Shanks directed council to the green handout with a few text edits that staff is recommending council adopt with the code section. They are minor but help to make the code language clear and complete. Council had no questions on the recommended changes. TIGARD CITY COUNCIL MINUTES - FEBRUARY 24, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 12 of 17 Councilor Woodard referred to the TTSD comments and concerns expressed about a street running through the school yard. Ms. Shanks said changes were made and Kelly Hossaini was completely satisfied. Councilor Woodard said staff did a great job at dissecting issues and concerns and coming to common sense solutions. Senior Planner Shanks said they received great input from developers and the school district community. Councilor Woodard had a question regarding keeping hedges to three-foot elevations. Ms. Shanks showed a slide of the River Terrace Boulevard standards and said there is a particular kind of development that frames the street and has no hedges or landscaping more than three feet tall so the boulevard does not feel walled off. Staff felt that hedges would have the same obscuring effect. d. Public Testimony Proponents - Fred Gast,Polygon, 109 East 13th Street,Vancouver,WA 98660, said staff deserves a significant amount of credit and support for all of their hard work over the last several months. He said the city did an amazing job with community outreach for this project and in his over 20 years of experience it was second to none. He said he took part in the Stakeholder Working Group and it was beneficial to the community at large because it included a cross-section of the community. He said this work product and plan are consistent with what the community's discussions entailed. Council President Snider thanked the development community for their participation. He said this group effort was a win-win for everybody. No one else from the public signed up to testify. Mayor Cook followed up on Councilor Woodard's questions about concerns identified by the Tigard-Tualatin School District. Ms. Shanks said a subsection was created for conditional uses such as schools and churches. TTSD made a good point that residential design standards do not apply to school buildings, although the city does still want them to have a good relationship with the street. The street question was cleared up. Mayor Cook said similar questions were being raised about the high school at South Cooper Mountain. IMCouncilor Henderson asked about section 030 Provision of Adequate Public Facilities. He asked if this meant building will be allowed to happen but there can be no occupancy until all the utilities are in. She said no,land division is a two-step process. The developer can submit a preliminary plat and can defer compliance until the final plat is approved which usually takes a while. Between the first and final plat,a lot is done such as building infrastructure.They will probably be doing a lot of this in the summer and then coming back to the city for final plat approval She said the city will not let them build aboveground until final plat approval. This gives the city,leverage to stop the process at the final plat stage. Councilor Henderson asked what happens if utilities get stalled and make this a lot longer process. Ms. Shanks said there are a lot of different utilities and some properties will be able TIGARD CITY COUNCIL MINUTES - FEBRUARY 24, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 13 of 17 to connect at Scholls Ferry Road but others are farther away and may have challenges. The other component to adequate public facilities is funding and that is the process council is going through right now. There is the possibility of that being stalled but that is up to council in terms of adopting new SDCs, etc. Staff explicitly linked having funding mechanisms in place to ensure that we get facilities to serve that development but also that we have the overall funding mechanisms in place to build the entire development. NCity Attorney Olsen said this is a unique process. Typically the public financing is in place prior to zoning. In this case, the zoning is occurring first and many of the public financing decisions are coming later. The development community can get their preliminary plat approved,start laying out lots and putting in infrastructure if they choose to,but at their own risk. They cannot get final plat approval unless the city adopts the public facility funding strategies laid out in various master plans or qualifies for an exception under certain circumstances. The final plat approval becomes the leverage that otherwise would be the zoning. It is advantageous to the developers in that they get further down the road before all these funding decisions are finalized and they were anxious to get going on the construction season this year,but the leverage the city has is dependent on further action on the public facilities funding strategy. Council President Snider commented to council"So we've got to do our job." Councilor Henderson asked about the model homes in 18.660.110, noting that they are usually built first and are placed on the site with a porta-potty. He asked if this meant they could not be built until all the utilities are hooked up. Senior Planner Shanks said those could happen in advance provided the streets and pipes are installed. Pipes may not be connected to service but the infrastructure must be laid out. She said staff wants to avoid a situation where a finished street has to be torn up to allow connection to a model home. Councilor Woodard clarified that the developers understand that this is at their risk. It may cost money if their plat is not approved and a model home has to be removed. He asked if this is the only district that allows more than one model home and Ms. Shanks said it was. He asked if this could be done in the Tigard Triangle and Ms. Shanks said it could be considered in other sections of the city if the code is changed. She said this arose from a developer's comment about wanting more than one model home because they envision more than one housing type on their 40 acres such as large-lot single family home, small-lot single family home, row house, and condos. The Planning Commission agreed that this was a good idea. Councilor Woodard commented that he wanted to make sure the city was not left on the hook for model homes and he thought it was well covered and looked good. Mayor Cook asked about an item on page 15 showing the list of 11 design details. He said there are 11 items and the developer has to choose five. He said one of the items is wood roofing shingles. He said people are writing to the city because their homeowner associations specify wood shingles exclusively and TVF&R and other fire agencies say wood shingles are not the best due to fire hazards and longevity. He said he knew homes of distinction are TIGARD CITY COUNCIL MINUTES - FEBRUARY 24, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 14 of 17 desired but questioned whether wood shingles are a distinctive item anymore. He asked if it was too restrictive to list only file and wood shingles. Senior Planner Shanks said it is one item on the list that is to be used in tandem with other items on the list. She said if the city council is not comfortable with this it could be easily changed. Mayor Cook suggested adding design composition shingles to the list. Mayor Cook asked about accent siding being brick, cedar shingles or stucco. He commented that cedar shingles do not weather well and he said stucco does not do well in this climate. He asked, "Why is this in here if this is not what we want?" Senior Planner Shanks said it adds to the design character of a home. Councilor Henderson asked if River Terrace Boulevard is the only area being considered for form-based code or would it be throughout the whole development. Senior Planner Shanks said it was not, except by choice. There are certain development requirements along River Terrace Boulevard but the design standards for single-family homes and duplexes could be applied to other areas if the developer chose to go through the planned development process and chose to do that as one of their development enhancements. It is up to the developer to choose which design enhancements they want to use. Senior Planner Shanks said the design standards were recommended by the development community as something they would like to see in lieu of the 20 percent planned development open space requirement. Staff felt it was a good idea but did not get at open space specifically so a hybrid version was created that can be chosen or not, and there are other design enhancements that staff thinks are good and would open up various aspects of the Community Plan vision. Staff outlined a better open space requirement that is more in alignment with the Parks System Master Plan. Councilor Woodard commented on the design and connections of the River Terrace Boulevard right of way and said he likes the 20-foot sidewalk access. Council President Snider said it was well done and he had no questions. e. Staff Recommendation- Senior Planner Shanks said the Planning Commission held a public hearing on the proposed map and code amendments on February 2, and recommended approval with some minor recommendations (summarized on the blue sheet). She noted that the Stakeholder Working Group unanimously recommended adoption of the zoning map in 2013. Staff recommends council adopt the map and code amendments but with a few minor wording changes (summarized on the green sheet). f. Close Public Hearing—Mayor Cook closed the public hearing. g. Council Discussion and Consideration of Ordinance 15-03 TIGARD CITY COUNCIL MINUTES — FEBRUARY 24, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 15 of 17 Councilor Woodard moved for approval of Ordinance No. 15-03,including adoption of the findings attached as Exhibit C and any changes to the ordinance as specified in the green sheet. Council President Snider seconded the motion.There being no further discussion Mayor Cook asked City Recorder Krager to read the number and title of the ordinance and conduct a roll call vote. ORDINANCE NO. 15-03 —AN ORDINANCE ADOPTING ZONING DISTRICTS AND AMENDMENTS TO THE TIGARD MUNICIPAL CODE TITLE 18 (COMMUNITY DEVELOPMENT CODE)TO IMPLEMENT THE RIVER TERRACE COMMUNITY PLAN, RIVER TERRACE FUNDING STRATEGY,AND RIVER TERRACE INFRASTRUCTURE MASTER PLANS AND DECLARING AN EMERGENCY(LAND USE FILES DCA2014-00001 AND ZON2014-00002) as amended with findings of Exhibit C and changes as specified in the green sheet Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook announced that Ordinance 15-03 passed unanimously. 6. NON AGENDA ITEMS -None. 7. EXECUTIVE SESSION At 9:01 p.m. Mayor Cook announced that the Tigard City Council was entering into Executive Session to discuss exempt public records and pending litigation or litigation likely to be filed,under ORS 192.660 (2) (f) and (h). He said the Tigard City Council will adjourn from the Red Rock Creek Conference Room at the conclusion of the Executive Session. Mayor Cook adjourned the Executive Session at 9:57 p.m. TIGARD CITY COUNCIL MINUTES — FEBRUARY 24, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 16 of 17 8. ADJOURNMENT At 9:58 p.m. Councilor Henderson motioned for adjournment. The motion was seconded by Councilor Woodard. All voted in favor. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ `!! to � A- Carol A. Krager,City Recorder AtIUA joh4. Cook,Mayor �s- Date TIGARD CITY COUNCIL MINUTES — FEBRUARY 24, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov Page 17 of 17