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City Council Minutes - 05/05/2015 City of Tigard a City Center Development Agency and City Council C C �e Joint Meeting Minutes Il May 5, 2015 6:30 p.m. 1. CITY CENTER DEVELOPMENT AGENCY BOARD AND CITY COUNCIL MEETING A. Chair Cook called the meeting to order at 6:33 p.m. B. Deputy City Recorder Alley called the roll: Name Present Absent Chair Cook ✓ Director Goodhouse ✓ Director Henderson ✓ Director Snider ✓ Director Woodard ✓ C. Pledge of Allegiance—Chair Cook led the Pledge of Allegiance. D.Call to CCDA and Staff for Non Agenda Items—None announced. 2. CITY COUNCIL:APPROVE A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A PROSPECTIVE PURCHASER AGREEMENT FOR THE SAXONY-PACIFIC PROPERTY Redevelopment Project Manager Farrelly reported staff is asking city council to consider a resolution executing a prospective purchaser agreement for the Saxony-Pacific property.This is a city council decision because the purchase will use park bond money.The agreement with DEQ specifies clean up obligations and liability for contamination found during the course of an investigation.Mr. Farrelly introduced City Attorney Reive and AMEC Foster Wheeler's Principal Geologist Kuiper who is the lead onsite investigator. Mr.Reive stated the agreement is a conditional proceeding to closing.The city is pursuing the site because of the discovery of legacy contamination on the property during the due diligence period.The city's due diligence included some sediment sampling to determine existing contamination that could be contributed to this property today.Purchase without this arrangement makes the property owner the assigned liable based on the legacy contamination.The contamination is primary solvent contamination.The source has not been specifically identified,which may in fact be an offsite source,but groundwater is contaminated with solvent contamination.The review and protection negotiated with DEQ relates to the legacy contamination on and under the property and to any potential liability that might be assigned to sediment contamination either in the creek or down river.DEQ precluded that even though there is legacy contamination above water,at this moment there is no reason to believe there is a direct attribution to the sediment contamination to the creek from this site.This prospective purchaser agreement is constructed in the way of a consent decree because an executed consent decree will be filed with the court at the same time as a complaint prepared by the Attorney General's Office on behalf of DEQ.The consent decree gives protection for covenants that the state cannot sue for legacy contamination and provides protection from third party claims meaning no neighbor,adjacent property owner or downstream complainant can sue the city.The only way to get this third party protection is to follow this procedure.Given the location of the property adjacent to the creek,it is recommend the city follow the most conservative course providing the most protection. TIGARD CITY CENTER DEVELOPMENT AGENCY/CITY COUNCIL MEETING MINUTES—MAY 5,2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I Page 1 of 5 Councilor Snider asked if this document prevents someone from filing a lawsuit.Mr.Reive said anyone can file a lawsuit and we would present this to the court and declare immunity because the prospective purchaser agreement is an automatic affirmative defense. Mr.Reive added the city is eligible for this protection because the city today is not a liable party.Liability is assigned to ownership and operation of the site and the city is neither. If you close the transaction and become the owner,you have immunity from legacy contamination as of the date of closing;although there will be post-closing obligations in order to preserve that immunity as spelled out in the prospective purchaser agreement.As the city gets into a redevelopment phase and begin demolishing buildings,the city has obligations to conclude the investigation which have costs assigned.The investigation is not complete today because access is limited by the buildings.The agreement states the city agreed that any redevelopment of the property will take the contamination into account,so the design of any reconstruction will need to incorporate soil vapor extraction,which adds costs to redevelopment.Only a portion of the property would be subject to redevelopment of a building and in all likelihood at least half of the property would remain open space.There is no limitation on the ability to develop as long as it remains open space in its current configuration.The costs assigned to that are in the staff report and will become part of the negotiations with the seller. Councilor Woodard asked if an exhaust fan be placed in the gas pipe allowing for ventilation per DEQ's request.Mr.Kuiper commented a potential significant on site issue is chlorinated hydrated carbonates in the ground water.We did not find much in the ground water and ground surface.Because there may be some,it is written into the agreement that there would be a vapor barrier with a sole vapor extraction system.The extraction system contemplated is a passive system which means there are no operational components. If it turned out that more contamination was uncovered the ventilation would have to be converted to an active ventilated system with blowers which can be attached and this is relatively simple to do. Councilor Woodard asked how the ventilation would be monitored. Mr.Kuiper answered a remote telemetry system could be set up and once a week site visits to make sure the blowers are running. Councilor Woodard said he would prefer a monitoring system be set up. Councilor Snider asked what the probability was for an active ventilation system to be needed.Mr.Kuiper answered a 10-20 percent chance. Councilor Snider asked for clarification as to why being inside a building on top of a contaminated site is more risky than having a wide open park space people could sit on for eight hours a day.Mr. Kuiper replied it is presumed vapors could accumulate in an indoor area because there is no breeze to take them away.He added acceptable risk is determined by calculations developed by the EPA. Mayor Cook asked how many tax lots are in this agreement. Mr. Farrelly answered two.Mayor Cook said he recently learned the EPA would give$200,000 per tax lot for clean up,so the city could ask for$400,000 total.Mr. Farrelly said staff will apply for the funds this fall in hopes to get$400,000 as it would definitely change the economics for the site. Councilor Woodard motioned to approve Resolution No. 15-16.Council President Snider seconded the motion.Motion passed by unanimous vote of council members present. Name Yes No Absent Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ TIGARD CITY CENTER DEVELOPMENT AGENCY/CITY COUNCIL MEETING MINUTES—MAY 5,2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I Page 2 of 5 3. APPROVE CITY CENTER DEVELOPMENT AGENCY MINUTES Director Snider motioned to approve the March 3,2015 CCDA Minutes.Director Goodhouse seconded the motion.Motion passed by unanimous vote of board members present. Name Yes No Absent Chair Cook ✓ Director Goodhouse ✓ Director Henderson ✓ Director Snider ✓ Director Woodard ✓ 4. PRESENTATION ON THE ASH AVENUE/BURNHAM STREET PROJECT DESIGNS Redevelopment Project Manager Farrelly provided an update stating an open house was held April 29 in order to meet the Tigard Downtown Association's (TDA) request for the developer to receive public input regarding the development design.TDA also requested the developer submit plans after receiving input at the open house in case there were any possible adjustments needed for the development.Lastly,CCDA Board would receive a report on the progress prior to approval.Mr. Farrelly introduced Mr. Sackett from Capstone Partners and Mr. Schultz from SERA Architects. Mr. Sackett reported the open house was successful.Many people showed up and provided comments.After the open house,the development team massaged the plans in order to accommodate some of the feedback received. Mr. Schultz stated building one will be a four story building against Fanno Creek and building two will be a three story building on the existing dog park site. In order to fit on the existing site,building two will be a unique shape.Building one is a U shape with unit views facing Fanno Creek and will have varied roof heights. Changes made after the open house to building one were: 1. Widened the entry corridor to allow a view all the way through to Fanno Creek Park. 2. Created bump-outs in the corridors for seated areas allowing residents to gather. 3. Extended the southern hallway to the end of the building to allow natural light in and provide a view to the creek. 4. Created a second roof top terrace which will be for use by residents only. Mr.Shultz reported changes to building two were: 1. Added an elevator. 2. Added two story townhomes to the third floor allowing those units a private patio on the roof. 3. Reduced one parking spot to accommodate an elevator. Director Goodhouse asked how they see the parking ratio working.Mr. Sackett responded that Sherwood's Cannery Row ratio is one to one with some on street parking but it is half the size and is not an issue.There is hope the bike parking is over estimated since Tigard has great public transportation options so close to the building. If additional parking is needed,negotiations could be initiated with downtown businesses for use of their lots overnight.Based on history and experience,he said he did not anticipate problems. Director Woodard asked for more details regarding the roof top decks.Mr. Shultz said building one will have landscaping,a fire pit,BBQs,and covered seating.It is the desire to have the residents seek the rooftops to TIGARD CITY CENTER DEVELOPMENT AGENCY/CITY COUNCIL MEETING MINUTES—MAY 5,2015 City of Tigard 1 13125 SW I1all Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I Page 3 of 5 hang out.Building two's townhomes will have private terraces for their use only and the tenant will be responsible to furnish their own terrace. Mr. Farrelly said at the open house the Tualatin Riverkeepers expressed concern with birds hitting the windows and asked how the developer was going to address that.Mr. Shultz answered the building will not be over glazed and the windows will be broken up making the windows more visible to the birds.Birds get confused when there are no interruptions in the windows.Mr. Sackett added reflective glass will not be used either. Mr. Farrelly asked if there had been thought about special treatment with the trailhead near the property. Mr. Sackett said the developers want to play up the trailhead and would like to get more people involved in plans. 5. UPDATE ON ASH AVENUE DOG PARK RELOCATION Redevelopment Project Manager Farrelly summarized the staff report explaining the dog park is being relocated to the Zuber House site which is a little smaller than the current site.He said he was confident the new site will work well for the community.Staff is working with the dog park committee through the relocation. Staff is posting signs on the current dog park site and utilizing the website to get information to patrons. Excavation has started on the Zuber House site starting with demolition of the house.Lead paint and asbestos were found in the house so precautions were taken during demolition.A heating tank was found buried underground on the site that the city was not aware of.The decommissioning and decontamination of the tank is putting the schedule back a couple weeks.The existing equipment will be reused,but a new fence will be installed.The existing fence is anticipated to be used on the Tigard Trail.It is expected the dog park will not be down more than two days and staff is confident it will only take one day.June 29th is the expected opening date. 6. UPDATE ON THE STROLLING STREET PROGRAM Redevelopment Project Manager Farrelly summarized the staff report explaining in March 2014 the city created a Strolling Street Program providing matching grant funds to downtown business that would like to make improvements to their private property abutting the street.Six applications were received and two projects were chosen to be funded.The landscape consultants met with the property owners and it is looking like Maki Sushi,Tigard Wine Crafters and Elvia's Studio Salon will break ground June 1.The second property will begin work shortly after. Director Snider asked if the area in front of the Maki Sushi will be private seating or if it will be for the public to stroll through and sit on the wall.Mr. Farrelly replied it encourages people to linger but the owner could put seating out there. Ms.Wine asked who would be responsible for maintenance.Mr. Farrelly said the five year maintenance agreement states the grantee is responsible for maintenance and it is assumed the property would continue to be maintained after the five years. Director W000dard asked if the owner of First Bank of Tigard had been approached about the program. Mr. Farrelly said he encouraged Chris Cash to apply but the owner is not interested. 7. NON AGENDA ITEMS—None 8. EXECUTIVE SESSION—None TIGARD CITY CENTER DEVELOPMENT AGENCY/CITY COUNCIL MEETING MINUTES—MAY 5,2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I Page 4 of 5 I 9. ADJOURNMENT At 7:44 p.m.Director Woodard motioned to adjourn the meeting.Director Goodhouse seconded the motion.Motion passed by unanimous vote of board members present. Name Yes No Absent Chair Cook ✓ Director Goodhouse ✓ Director Henderson ✓ Director Snider ✓ Director Woodard ✓ Norma L Alley,Deputy Cit) i corder Attest: Chal , ity Center Development Agency Date: �IGiL� o?i ;W(5— TIGARD CITY CENTER DEVELOPMENT AGENCY/CITY COUNCIL MEETING MINUTES—MAY 5,2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I Page 5 of 5