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City Council Minutes - 10/13/2015 ,, City of Tigard Tigard City Council Meeting Minutes October 13, 2015 STUDY SESSION Council Present: Mayor Cook,Councilor Henderson,Councilor Woodard, Council President Snider and Councilor Goodhouse. Staff Present: City Manager Wine,Assistant City Manager Newton, Human Resources Director Bennett,Parks Manager Martin,CCAC Chair Arendes, Economic Development Manager Purdy, Community Development Director Asher,and City Attorney Ramis Mayor Cook called the Study Session to order at 6:31 p.m. A. COUNCIL LIAISON REPORTS -Councilor Henderson reported on the National Alliance on Mental Illness (NAMI) Gordon and Sharon Smith Award dinner on October 6. Amanda Fritz, Steven Fritz and Max Williams were the New Freedom Award recipients. He said he attended several sessions at the League of Oregon Cities (LOC) Conference in Bend including Councilor Workshop 101 and sessions on marijuana and homelessness. Councilor Henderson also attended the Main Street Conference and commented that it is maturing,with several interesting sessions such as marketing,branding, developer for a day workshop,and Zero to Hero (which is a person on Main Street that helps market other business neighbors). He attended a session on business improvement districts (BIDS) in Oregon and Washington. He attended the Regional Water Providers Consortium and was surprised at the changes in staff. Councilor Woodard reported on a presentation at the PRAB meeting on the potential of cycle-cross and BMX bicycling activities in Dirksen Nature Park, along the Tigard Street Trail or the power line area on Bull Mountain. He said enthusiasts come from all over the world to course destinations and this can benefit a community offering a premium or unusual course. He noted people can skateboard for a while but can ride bikes and walk all their lives. He mentioned that Associate Planner Grass gave a great presentation on Safe Routes to Schools and commented that the PRAB appreciates staff taking time to share information and give updates. Councilor Goodhouse reported on his participation in Bike/Walk to School Day and recommended more sidewalks and safer crosswalks, especially on McDonald Street. He reported on a session at the LOC Conference on the benefits one-half hour of walking can have on city residents,making them healthier. He attended a dispensary tour and learned about advances in packaging edible marijuana products,with tougher,harder to open packages that are clearly marked. He saw security and inventory control systems and other TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page I of 30 accountability efforts in the industry. He attended a breakout sessions on housing and heard that the City of Bend has a program for lowering SDCs for building affordable housing. He recommended that Tigard examine Bend's program. Mayor Cook said they cannot have a different SDC rate but they can grant some of the charge back to the developer. Councilor Goodhouse attended JPACT and WCCC and the takeaway was that many cities want to put the brakes on transportation spending until they can give greater input on where the money is going. Community Development Director Asher gave a presentation at TTAC on the capital improvement plan and Councilor Goodhouse said the TTAC held a lengthy discussion on how projects are scored and will be developing a prioritized recommendation list for council. Mayor Cook said Tigard received the gold award at the LOC Conference from CIS for having the least number of work days missed due to workplace injuries, for cities with our number of employees. Economic Development Manager Purdy announced that the Tigard Downtown Alliance received the Best Special Event Award from the Oregon Main Street for their SubUrban Art Program(ten murals spray painted by urban artists) displayed at the Downtown Art Walk. The murals can still be seen along the Tigard Street Trail and the TDA will be auctioning them to raise money for a permanent art installation. Council President Snider recommended the city vote to choose one to purchase before they are all sold. City Manager Wine recommended a discussion with the TDA on this process. Mayor Cook said this will be continued to a CCDA meeting discussion. B. DISCUSS TIGARD ENTERPRISE ZONE EXPANSION WITH CITY OF LAKE OSWEGO—Economic Development Manager Purdy said Lake Oswego approached Tigard and requested an expansion of the Tigard Enterprise Zone to include some of their industrial/commercial zoned land. He introduced Lake Oswego Senior Planner Sarah Selden. If council wants to move forward with this,he will bring back a resolution and IGA for consideration at the October 27council meeting. If approved by council he will take it to Business Oregon, the state's economic development agency,which can allow amending the enterprise zone boundary to support business growth in a neighboring city. In response to a question from Councilor Woodard on how much time Mr. Purdy spends administering the enterprise zone program he said he spends four to six hours to certify each company for eligibility. He said Lake Oswego will reimburse Tigard for his time spent certifying their businesses.The application fee paid by a Tigard company goes to Tigard but the IGA will be written so that a Lake Oswego company would pay their application fee to Lake Oswego. Council President Snider asked about a previous attempt to join Beaverton's Enterprise Zone which failed and why this potential partnership was different. Mr. Purdy said Lake Oswego and Tigard attorneys are already working on an IGA and that point in the process TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of 30 was not even reached with Beaverton. He said the advantages are the same as before,but this has been a better partnership. In response to a question from Councilor Henderson, Mr. Purdy said the areas do not have to be contiguous if other requirements are met. The zones must be within 12 miles of each other. He said since he wrote the AIS,the Lake Oswego area has been reduced slightly to cut out some railroad tracks that did not need to be included. Councilor Goodhouse asked if there was any downside to this program. Mr. Purdy said there will be four to six hours of his time not available for Tigard businesses but he realizes that the city's employers and workforce are part of a regional system that includes both cities. Ms. Selden said about 15 Lake Oswego businesses could be eligible and one has already indicated that they are interested in taking advantage of this program. Council President Snider asked how this request came about and Ms. Selden said her city's largest private employer went to Business Oregon regarding expansion and a desire to remain in the area and the enterprise zone program was discussed. They considered joining Clackamas County's zone but did not meet the 12-mile proximity requirement. Business Oregon told them that Tigard had recently created an enterprise zone so she approached Economic Development Director Purdy. She thanked the council for considering another partnership with the City of Lake Oswego and expressed appreciation to Mr. Purdy for his assistance. C. RECEIVE BRIEFING ON TWO UPCOMING IGAs WITH METRO FOR TRAIL SEGMENTS— Parks Manager Martin updated council on two upcoming IGAs with Metro and an additional IGA that is not as imminent. The first IGA is to receive and maintain a trail segment that connects Sunrise Lane to Sandridge Lane. The current paved trail is on private property and Metro is in negotiations to purchase the property. It connects the future Westside Trail and several Bull Mountain neighborhoods to the future Sunrise Community Park. It will be a permanent easement until the homeowner builds a home and divides the property at which time Metro will acquire the property. The second IGA is for Metro to reimburse Tigard$660,000 to design and construct a bridge over Fanno Creek and build the connecting trail segments to better connect Dirksen Nature Park across Tiedeman Avenue to Woodard Park. The city will end up with a small parking lot on the Swann property. This project removes a dangerous turn on the trail and moves the trail off Tiedeman Avenue and onto the Clean Water Services maintained Swann property and connecting with the existing trail in Woodard Park. He asked council if he could put an IGA on a future consent agenda. This IGA allows the city to build the Fanno Creek Trail on the Fields and Brown property from the library to Bonita Road. Council clarified the location and said this could be on a consent agenda. Councilor Goodhouse asked if Tigard could get a large wooden Fanno Creek Trail map similar to what is displayed at the Garden Home Recreation Center. Mr. Martin said it is coming and should have been here two years ago. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 3 of 30 D. DISCUSS CITY MANAGER EVALUATION CRITERIA AND PROCESS— Human Resources Director Bennett asked if council had questions about the changes she made to the evaluation. These were based on comments they gave her at the end of the process last year. She gave council the old and new versions for comparison. Council President Snider said he liked it and Councilor Woodard said it was a good format. He suggested adding"C. 1-5 year recreation plan," for next year. He liked that homelessness was added as a goal. Ms. Bennett distributed a copy of the employee input form. She said she will return on November 10 for a public hearing to develop criteria. In response to a question from Council President Henderson,City Attorney Ramis said the statute says you can hold an executive session to review a city manager only if you held a public hearing on developing the criteria that will be used. Administrative Items: 1. Two-pass rule for Contracts—City Manager Wine described the two-pass process for contracts which has been in place for three years. Staff indicated to her that it is time consuming and sometimes difficult to schedule contracts twice on very full meeting agendas. She asked council if this process was still valuable to them or could they receive their first notification through a briefing memo in advance of a meeting to consider the contract. Mayor Cook noted that council would still receive the information one week ahead and there would still be time to call or ask questions. They can always ask that it be postponed to another meeting. Council President Snider said it may seem redundant to staff but he felt the current process was more efficient,most of the time,for council. He said getting a memo and then having to call staff and not know what other questions were being asked is not efficient. Councilor Henderson said it is public money and he wants to be more cautious. Councilor Woodard said he also favors the two-pass process. He noticed in his first two years on council things came by too fast. Councilor Snider said staff input is valid and council could try to be more succinct during meetings in order to get business done more quickly as opposed to having meetings go longer. He said council should not be an obstruction in getting city business done. 2. LOC Policy Committees—City Manager Wine handed out applications for League of Oregon City Policy Committees and encouraged council to sign up if interested. She asked council to return the forms to her or Executive Assistant Bengtson. 3. Supplemental Budget Addition - .1 FTE in Central Services—City Manager Wine discussed an addition to the city's supplemental budget that will result in an increase of.1 FTE for a municipal court supervisor to replace a.9 FTE employee that is retiring. This position would equal 1 FTE. 4. Public Comments on Fields Trust Comp Plan Amendment and Zone Change—City Recorder Krager asked council if anyone wanted a paper copy of recent public TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page 4 of 30 comments regarding the Fields hearing tonight. These had been sent to council earlier via email. 1. BUSINESS MEETING—October 13,2015 A. At 7:40 p.m. Mayor Cook called the City Council and Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook asked Council and Staff if they had any Non-Agenda Items—None 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None B. Tigard High School Student Envoy—Associated Student Body President Shaina Azbari gave a recap of events at Tigard High School. A leadership committee performed random acts of kindness decorating every locker with encouraging words and a "Radiate Kindness" button. A Durham Center Awareness Walk on October 10`h raised money for the Durham Center. The homecoming dance raised$6,400 for the choir program.A welcoming ceremony was held for a group of Japanese exchange students. Senior girls took home the gold medal for the powder puff football game. C. Tigard Area Chamber of Commerce—Chamber CEO Mollahan reported on their activities. The weekly 7:30 a.m.networking on Thursdays is held at various locations and Costco will host on November 5,hopefully with a ribbon cutting for their new gas station. A few save the date items: Chamber Holiday Happy Hour is scheduled for December 1 at Broadway Rose. Go to the website at Tigardchamber.org for details. Farmers Market's last Sunday of the year is October 25 and there will be trick or treating for kids and a carved pumpkin contest.Trick or Treat on Main Street will be Friday, October 30`x'. She encouraged the community to come to the Harvest Market and Bazaar on November 14 at Tigard High School. The Tree Lighting will be on December 4. She congratulated the Tigard Downtown Alliance for receiving the Excellence in Revitalization award for their SubUrban Art Project and said the large art panels will be auctioned. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page 5 of 30 D. Citizen Communication—Sign Up Sheet. Rob Drake, 10764 SW Heron Circle,Beaverton,OR 97007, said he is a board member for People for Libraries,a countywide political action committee that exists to support the Washington County Consolidated Library Services (WCCLS) levy that is on the November ballot. He urged support of Measures 34-235 which replaces the expiring library levy and Measure 34-236,replacing the public safety levy that will also expire next year. The public safety levy (Measure 34-236) supports Washington County women's shelters, special mental health response teams,juvenile crime reduction programs, SWAT,gang narcotic task forces, the jail and work release center,parole and probation services serving all areas of the county as well as the cities. Mayor Cook said the Public Safety levy is a renewal with the same dollar amount. Mayor Cook said the Library levy provides 30 percent of Tigard Public Library's operating funds. Tigard's Budget Committee said if this passes they want the library to be open again on Thursdays. He noted that voter turnout is expected to be low and asked everyone to vote. Kristen Block, 12860 SW 129th Place,Tigard, OR 97223, said she was joined by seven neighbors and asked if Joni Heidt could read a written statement on their behalf. Joni Heidt, 12880 SW 129`h Place,Tigard, OR 97223 said she and her neighbors live on 129`h Place near Walnut Street and she is here because the city has placed the neighbors in an unfortunate situation. The city is about to approve the insertion of a cell phone tower in their front yards and they need council's help. They have been voicing their concerns and opposition to this project since November of last year. Their concerns have not been taken seriously. She hoped that council would advocate for them and said council has the final opportunity to stop this project before cell phone towers are the new norm in residential neighborhoods and home values are irreversibly damaged. There are two reasons the city has put them in this position. 1) The city is reviewing the cell phone tower proposal using antiquated code that is not working to protect the health, safety and welfare of Tigard residents. On top of that,based on their independent review of the current code a significant portion of the code is not being met. The code allows for attachment to an existing pole and T-Mobile is planning to remove the 24-foot pole and replace it with the tower and canister of 72 feet. They have documented this and other code violations and submitted it to the planning department. Secondly,of the seven different sites considered by the development company representing T-Mobile, four of the seven were city-owned property.Two were the Tualatin Valley Fire&Rescue (7VF&R) fire station and Jack Park. Both of these locations have ample,wide-open space in the middle of the desired coverage area and both had the luxury of saying, "not interested." Ms. Heidt said the city did not want the cell tower on its land so the easiest option was to cram a 72-foot eyesore in less than 2,000 square feet directly in front of their houses, where their children ride their bikes and wait for the school bus and which results in their neighborhood becoming less desirable and their home values to decline. She said this situation is unfair. She said they are all working taxpayers of the city but none are zoning, planning or land use lawyers and they feel it is wrong that the city can say no to a cell phone tower on its land but they must spend their time and resources to fight this so they can maintain the value of their homes and the integrity of the community. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page 6 of 30 Ms. Heidt said they communicated their concerns to Mayor Cook at a Fireside Chat in May. His response was that much of the code is outdated and they could get in line behind all the other people who want code changes and it could be a five to six-year process. He also told them that federal communications commission laws do not allow the city to deny the request of eligible facilities and PGE has the right to allow equipment on their poles. She declared that their mission has never been to prevent a cell phone tower from being in the city but rather to find a suitable and reasonable location for it. She said they refuse to accept the rest as an adequate and true response. Ms. Heidt said what they are asking the city to do is put T-Mobile and Lexcom's proposal on hold until it can be given the scrutiny it deserves. Secondly,recognize that this location is not appropriate and the city can and should take this burden off of their shoulders. Push the city and TVF&R to accept the tower on their property. Have a requirement in the code that cellular tower providers pursue the least intrusive option first. The City of Salem initiated a project on its own to update and its city council approved a code that says cell towers must be outside residential zones unless it can be proven that a residential zone is necessary to provide service. And their new code requires that any cell tower in a residential zone be designed to appear like an object that would be found in the area,such as a tree. The City of Tigard should follow this. It is not black and white and it is not about filling out paperwork. This is our lives. It is a matter of precedent that deserves further scrutiny. Mayor Cook noted that he and Councilor Henderson were at a conference a week ago about cell towers and utility poles and learned in some cases the federal government has a lot more control over it than the city does. He asked City Manager Wine about the project's status in the city's permitting process. City Manager Wine said this type of land use approval is Type II where the decider is the director and it is appealable to the hearings officer. To her knowledge a decision has not yet been given. Some things in the city's code could be updated or changed but there are also federal requirements. Mayor Cook noted that even if the code was changed tonight it would not affect this case which was already in process. City Attorney Ramis said that is a rule imposed by the legislature. Ms. Heidt asked what council recommended as their next step. City Manager Wine said she will contact the planner on staff. The Community Development Director is the decision maker and appeals go to the hearing officer. Council does not have authority to place a permit on hold. Council President Snider said more community outreach would be advisable. He asked which public properties could be available and she answered it was the Walnut TVF&R Fire Station and Jack Park. A neighbor offered to donate a piece of property on Walnut and Gaarde if the tower can be placed there and he does not have to see it through his window. She said there are other options and the developer has not looked at them. City Manager Wine said she will contact Ms. Heidt tomorrow. Michael Roberts, 12865 SW Walnut Street,Tigard, OR 97223, spoke about the cell phone tower planned for their neighborhood. He said whether or not it should be approved in its conditional use review boils down to that they are asking to put something that is not permitted in a residential space. He said the visual impact is severe. The proposed site is in a public utility right of way so it is incompatible with the requirements to place a six-foot TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 7 of 30 fence and screening trees between the tower and the neighbors. So the applicant is proposing to put their accessory equipment box mounted to the pole 20-feet in the air, looking into the windows of the surrounding residences. This creates a monstrosity of a structure contrived purely to circumvent code provisions to protect residential zones. Putting this tower in the right of way says it can go in any right of way and is a dangerous precedent. They provide justification based on what service they need to provide to an area. He said T-Mobile says they have a hole in their service and are required to fill it by federal law. He asked,"When was the last time anyone here had limited cellular,voice or data coverage in a suburban neighborhood?"T-Mobile's closest tower to the proposed site is 1.2 miles away. If that is not sufficient,how are Verizon,AT&T, Sprint and others providing us with cell phone service now?T-Mobile's own maps advertise full coverage in this area,with full 4GLTE. The nearest gap that they advertise to potential customers is in Sherwood, five miles away. Yet they told the review board that they have a gaping hole in coverage that justifies a cell phone tower in a neighborhood in Tigard. He said this makes no sense. Council President Snider asked that the Community Development staff assigned to this permit view the video of this meeting. 3. CONSENT AGENDA: (Tigard City Council)— A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: September 8,2015 September 15,2015 September 22,2015 Councilor Woodard moved for approval of the consent agenda as presented. Councilor Goodhouse seconded the motion. The motion passed unanimously. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 8 of 30 4. LEGISLATIVE SESSION WRAP UP ® Assistant City Manager Newton introduced Oregon State Senator Ginny Burdick and State Representative Margaret Doherty. She expressed appreciation for their work in the last session and their tireless effort in the state legislature on behalf of Tigard. Representative Doherty,9370 SW Martha Street,Tigard, OR 97223 in Tigard, said she has been a state representative since August 2009. She said the House had a good session and by June 29, 87 percent of bills had passed. She noted that transportation funding was held hostage by the clean fuels discussion. She described her work on child nutrition bills that will serve more school children and bring in federal money. The Tigard Zip Code bill passed 100 percent in the House. The resolution was sent to the postal service and a response was received that they could not do this. They will contact Google and the Postal Service will tell them that certain addresses need to display as Tigard. She noted that$1.8 million in state and federal funding was brought to Tigard for the Hunziker industrial park. Senator Burdick said Representative Doherty deserves enormous credit for getting the money for the Hunziker project. She said she spent the session co-chairing the committee implementing the marijuana legislation,a gargantuan effort. She used Mayor Cook as her inspiration for how to do a local program. She thanked City Manager Wine and Assistant City Manager Newton for sharing with her what constituents wanted and mentioned she was committed to doing this in a bipartisan way. They imposed regulations,testing procedures, lab standards and changed the tax from an unwieldy grower tax to a point of sale tax. Tigard and other cities who worked hard on allowing it but developing regulations will receive a portion of the tax revenue. Those opting out will not receive tax revenue. She noted that the legislature made major strides in education which is her top priority as well as Representative Doherty's,allocating$7.4 billion for schools. Important to Tigard are two brownfield cleanup bills. House Bill 2734 gave local governments the ability to create land bank authorities. House Bill 5030 allocated money to the brownfield revolving loan fund. They renewed the vertical housing development program. They voted to provide$20 million to provide supportive housing for the mentally ill or those struggling with addition. Senate Bill 5506 provides $25 million for justice reinvestment grants to fund local programs providing offender diversion alternatives to jail time. She said these programs have proven to be more effective than jail time to rehabilitate lower-level offenders. Council President Snider asked if it was true that a portion of River Terrance will have a Sherwood address and zip code. Representative Doherty said the postal service has primary and secondary services. Tigard was designated a substation of the City of Portland in the 1960's. The zip code 97223 is in Portland with some in Beaverton. She said it literally takes an act of Congress to change this.They can make recommendations to Google. The other thing is that if it affects businesses it may create more of an opportunity to get it changed. Councilor Henderson asked Senator Burdick what the next steps regarding marijuana are. She said, "Fine tuning as we learn from experience." Early sales traffic was greater than predicted. When the tax goes into effect in January on 25 percent we will understand then if we got our tax level right. We want to compete effectively with the black market. Councilor TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 1 www.tigard-or.gov I Page 9 of 30 Henderson asked if there is anything that will happen related to law enforcement of marijuana violations with children. The OLCC will set strict labeling requirements and packaging that is not acceptable to kids. It is challenging. One fact she discovered is that there is no known legal dose of marijuana but it does not kill like alcohol. That said,it is a tremendous crisis when a small child gets ahold of a large amount of THC. Senator Burdick was a co-author of meth legislation in 2005. She said there is no better way to deal with it than treatment and drug courts,rather than jail. Councilor Woodard commented that this is great. Councilor Goodhouse asked about plans to educate young people about dangers of marijuana on developing minds. Senator Burdick said a percentage of the tax revenue is devoted to education. She noted that Colorado has developed good advertising that has been tested for effectiveness with kids. Council President Snider asked both legislators to push for tax reform. He said Tigard has one of the lowest tax rates in Washington County and he did not think that was intended. He asked what it will take for the legislature to confront this statewide issue. Senator Burdick said the problem is not just the lack of revenue but the inequality of the property taxes. She said tax limitation measures are in the constitution and must go on the ballot for a vote and it takes a lot of money to fund a campaign. Representative Doherty said Measure 5 failed five times before it passed. She agreed that this should not be in the constitution. Mayor Cook thanked the legislators again for serving the City of Tigard and for the good job they do for citizens. He commented that Tigard officials visited Salem frequently and were met with open doors and a willingness to listen to what Tigard constituents have to say. 5. DEVELOP 2016 FEDERAL AND STATE LEGISLATIVE AGENDA Senior Management Analyst Wyatt presented this item.The city's 2015 state and federal legislative agendas were distributed in council's meeting packet. He asked for any additions or subtractions for an updated version for 2016. Zip code legislation,marijuana and property tax reform are a few that he heard tonight. The goal is to have the brochure ready by January when Mayor Cook heads back to Washington DC and February,when the Oregon legislature begins. Mr. Wyatt said a city staff person traveled to Washington DC a few weeks ago to meet with the city's delegation about the Hunziker property. Tigard continues to work with Just Compassion who is continuing to work for a day shelter in Tigard. On the state level staff is monitoring work on property tax reform and transportation funding. On the federal level, grant opportunities,transportation reauthorization and municipal bonds are on their radar. Councilor Goodhouse said he hears a lot about walkability and the lack of sidewalks and trails. He would like to do more to add sidewalks. He said he notices that there are a large percentage of Tigard residents out walking. He noted that parents asked for more sidewalks and safer crosswalks at the Walk/Bike to School Day. Councilor Woodard asked about Just Compassion and said he may be attending some of these meetings. There is a lot of need here and this is a TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 972231503-639-41711 www.tigard-or.gov I Page 10 of 30 gap that needs to be filled. He suggested funding be sought for this program. Council President Snider said a minor item worth discussion is the safety risk of all-cash industries, such as dispensaries. He said he would like the city to consider advocating at both the state and federal level to allow these businesses to operate with all the 21"century and non-cash business opportunities in existence. Mayor Cook said State Treasurer Wheeler spoke about this in Washington. He agreed with Council President Snider. Councilor Henderson asked for more effort put towards the Community Development Block Grant (CDBG) program which continues to shrink. He said Washington County is a great steward of their CDBG funds and there needs to be energy put into this so those jurisdictions that do well can continue to receive support. He said,"We are losing the ten-year battle to eradicate homelessness." Mayor Cook agreed that the amount keeps getting ratcheted down at the federal level. Councilor Goodhouse suggested pushing for more laws that keep banks from discriminating against cash businesses. Senior Management Analyst Wyatt said staff will return to council on November 24 to finalize the brochure which will be printed prior to council visits to Washington,DC. 6. QUASI-JUDICIAL PUBLIC HEARING—COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE FOR FIELDS TRUST PROPERTY ® a. City Attorney Ramis read a statement regarding procedure. He said Council's decision must be based on the following substantive criteria: Community Development Code Chapters: 18.380, 18.390; Comprehensive Plan Goals 1,2,9 and 10;Oregon Administrative Rule 660,Division 9;Statewide Planning Goals 1,2,9 and 10;and Metro Title 4. Council members are encouraged to ask the staff and the witnesses questions throughout the proceeding until the hearing closes. This is best done immediately after each staff person and each witness has finished speaking. After the hearing is closed the City Council will deliberate on a motion regarding the proposal. During deliberations, the City Council is to discuss the matter among itself,without additional input from staff or witnesses. b. Mayor Cook opened the public hearing. C. Statement by Mayor Cook: The order for tonight's hearing shall be as follows: 1. City staff will summarize the written staff report. 2. The applicant will present. 3. Council will take public comment. 4. Staff will have an opportunity to respond. 5. The applicant will be given an opportunity for rebuttal. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 1 1 of 30 He said council will consider all relevant arguments presented but no new evidence may be submitted. d. Declarations or Challenges Mayor Cook asked if any members of council wished to report any exparte contact or information gained outside the hearing,including any site visits. Councilor Woodard said he walked down Varus to view the street and has seen the field many times. Councilor Henderson said he has seen it also. Mayor Cook said he is very familiar with the area through going to people's homes and has driven on Wall Street many times when working on the industrial development area. Mayor Cook asked if all members familiarized themselves with the application. They indicated they had. He asked if there were any challenges from the audience pertaining to the council's jurisdiction to hear this matter or was there a challenge on the participation of any member of the council? There were none. e. 0 Staff Report—Associate Planner Pagenstecher gave the staff report. He noted that Economic Development Manager Purdy and Community Development Director Asher were present as was the applicant team including Kelly Hossain,representing the Fields Trust, Brian Varricchione and Brent Ahrend of Mackenzie, and realtors Clayton Hering and Mike Merino. He noted there was a full house tonight with many Rolling Hills neighborhood residents present as they were at the Planning Commission hearings. He said they are a diligent group and have provided additional written testimony after the agenda item summary was issued. At Mayor Cook's request he gave council a copy of Resolution No. 79-86 regarding the Varus Street closure. The agenda item summary contained the Planning Commission recommendation, the Planning Commission minutes,the proposed ordinance and the applicant's materials. To his knowledge the additional information submitted from the neighbors did not include additional evidence. Council's decision will come from the information presented at the Planning Commission. He reminded council that this land use decision is part of a larger economic development initiative by the city which he believed council was first briefed on in February 2014. Council was introduced to the property site analysis by the Fred Fields Trust and there have been updates on infrastructure planning and an economic opportunities analysis.A Comprehensive Plan amendment came before council on March 24 and this is the expected zone change and Comprehensive Plan amendment. Associate Planner Pagenstecher showed a slide of the area and pointed out the subject property and surrounding streets. There are 42.5 acres zoned I-P currently and there is an area subject to a zone change from I-P to MUE of 24 acres. The Rolling Hills neighborhood is zoned 3.5 and the main streets are Highway 217 and 72`d Avenue.Varns Street stubs off to the Fred Fields property. Mr. Pagenstecher said the Planning Commission heard this proposal on August 17. Their recommendation was that the city council approve the proposed zone change and TIGARD CITY COUNCIL MEETING MINUTES-OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page 12 of 30 Comprehensive Plan amendment subject to findings in section 4 of the staff report and four conditions of approval. He reviewed these briefly: 1)A Planned Development overlay zone be applied so that subsequent development would have a deliberative review at the Planning Commission because of the site complexity. 2) Future development of the MUE would include a minimum of 280 non-retail jobs in an effort to preserve job capacity when changing the zoning from industrial to mixed-use employment. 3)A trip cap maximum of 630 trips in peak am and pm to avoid a Transportation Planning Rule (TPR) analysis, keeping trip generation of future development the same as otherwise allowed under the current zoning. 4) Recording of an easement to ensure a 50-foot wide forested buffer along the eastern line of the property adjacent to the Rolling Hills neighborhood. There was historically a 50-foot buffer and this condition reestablishes it. Council President Snider referred to the copy of Resolution No. 79-86 Associate Planner Pagenstecher distributed and asked him to speak to the relevance of it. He asked if it stands if council does not take action to repeal it. Associate Planner Pagenstecher said it says the street will be plugged at the west end of Varns and the city will install street signs to prevent through traffic in the Rolling Hills subdivision. In discussing this with engineering staff the status is that there is no physical representation of the street plug in the city's GIS system and the referenced street signs are not in place. The resolution stands as an expression of the council's response to a petition,however,it is not an issue directly related to the matter before council tonight. He said if council chooses to respond to the neighbor's interests they do so at a time of their choosing but staff recommends this be separate from the hearing tonight. Mayor Cook said council received the copy of the resolution because he requested it to know if we did have something because there were questions. He said Council can make a new resolution or maintain this one but it has nothing to do with this zone change. Councilor Woodard remarked that the only thing council needs to make a decision on is the Comprehensive Plan amendment and zone change and Associate Planner Pagenstecher agreed. City Attorney Ramis said the record was created in the Planning Commission and all facts before council for consideration were put into the record at the Planning Commission. Witnesses are encouraged to testify on any or all issues relevant to the criteria but should not bring in new and additional facts. If that happens, staff will track them and the facts will be identified and council advised not to rely on those additional facts in reaching a decision. Mayor Cook described the quasi-judicial public hearing requirements. Council is playing judge and jury which is different from the legislative process which is more common for them. In a legislative process council can consider their gut feelings but in quasi-judicial they can only consider what is before them. They may not even talk about it among themselves. f. Applicant Presentation—Mackenzie Planner Brian Varricchione, 1515 SE Water Avenue, Portland, OR 97214 said he was joined by Mackenzie Transportation Engineer Brent Ahrend and Applicant Counsel Kelly Hossain from Miller Nash,representing the Fields Trust. He said the proposal is for a zone change and Comprehensive Plan map amendment affecting property on Hunziker and Wall Street. The overall intent is to provide an TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page 13 of 30 opportunity to bring jobs to the community. The site has a number of constraints,primarily slope and access,precluding large format industrial uses. Even though the majority of the site is currently zoned industrial the types of uses that would be accommodated by this site are not of an industrial nature. Based on a site analysis previously presented to council in February 2014 and further refinements,they propose a zone change to mixed-use employment (MUE). The MUE zone accommodates a boarder range of uses, some of which are multi-family residential and some of which are commercial in nature. This accommodates a variety of different types of land uses which make the site more attractive to the development community and improves the economics and likely development of the site. This is a tool that could take some unproductive land and make it useful and productive for the city. Mr.Varricchione said the conditions of approval recommended by the Planning Commission grew out of conversations with staff as the application was developed. He said they worked with Associate Planner Pagenstecher and Economic Development Manager Purdy. He thanked them for their hard work. A concern all along has been ensuring a guaranteed number of jobs if the zoning is changed from non-industrial uses since this is a part of the city's employment land base,hence the recommendation to maintain 280 non- retail jobs.The Fields Trust is comfortable with the conditions of approval recommended by the Planning Commission and we support those. Overall we feel this is good for the community and will put this land back into use so it can help bring jobs to the city. IR Attorney Kelly Hossain,Miller Nash, 111 SW Fifth Avenue, Suite 3400,Portland,OR 97204,said this has been a long time coming. In her August 10,2015 letter to the Planning Commission she summarized why the eastern portion of the Fields property is not suited for industrial development.There is a substantial amount of information to that effect in their application materials and other submittals to the records and if anyone has concerns about why they are asking to rezone from industrial to MUE please ask questions. She reiterated that there is no development proposed as part of this zone change.Any new development will have to go through a separate land use process that the neighbors will receive notice of and be able to participate in.This includes a planned development approval which will allow the city to look at appropriate buffering and site layouts,etc. Attorney Hossain commented on some additional submittals to the record from the neighbors. In one of Mr. Frezza's submittals he states that the trips that will be generated by MUE development will be 8,000 to 10,000 a day. This is not correct. He is quoting from a trip generation options analysis for the entire 42 acres. As set forth in Mackenzie's August 3 trip cap proposal the MUE zoned portion of the property has a trip cap in a.m. and p.m. of 630 trips and an estimate of 5,300 trips per day. Those 5,300 trips would likely be generated from the MUE area under its current zoning. That is how they reached the trip cap. All they are doing is holding future development to the same number of trips that would currently be allowed. She noted there is still confusion about what is under contract and what is not. The western 18 acres of the property are under contract by Trammel Crow who will put some industrial development there with lots of jobs. The portion of the property that is the subject of this zone change is not under contract. They are respecting the process and while there has been TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 I www.tigard-or.gov I Page 14 of 30 interest and they are excited about it,right now no one has the property under contract. They will wait until this process has concluded. Mayor Cook said he appreciated the clarification. He said he read in a lot of the letters that the council had been making deals ahead of time before a zone change. It is already zoned industrial and the deal was to put industrial there. Council President Snider said council would be not a signer on this anyway. Mayor Cook said the city was involved in the public/private partnership. g. Public Comments Proponents— Clayton Hering,Chairman of the Board of Norris Beggs &Simpson, 1708 SW Highland Road,Portland, OR said he has been in the business 43 years and worked with Fred Fields on this property for 16 years. He said he felt like he has been running a marathon but the finish line is in sight and the prize is good for everyone—jobs and the development of the largest site in Tigard. He said over the years they generated interest in the site but could never get it closed because once they looked at the cost to try and flatten out the slope it rendered the land of no value. Since coming to the city with the concept and working cooperatively with staff they have 18 acres under contract. He said he is optimistic that construction will begin in the early summer of 2016. And while there is nothing under contract for the other acres they have legitimate interest from very qualified developers who understand the opportunity as well as the conditions. He said it is logical to place a buffer because it would be unsightly to have what was proposed (industrial use) right next to the neighborhood. He said he hopes to get the thumbs up to go ahead with residential and mixed use and complete the industrial development and estimated there will be $50-75 million added to the tax rolls. He said he hopes the marathon is near the end and he looks forward to seeing this completed. Mike Merino, Senior Vice President at NAI Norris Beggs &Simpson, 121 SW Morrison Street,Portland OR,97204,said it was about 60 days ago that the Planning Commission unanimously approved sending this to the city council. He worked on this with city staff and other professionals. The Planning Commission decision was reached with thoughtful review of all facts. They heard from the neighbors that live above the area and staff and the applicant collaborated on efforts to minimize impacts on the existing neighborhood. The four conditions of approval and particularly the 50-foot buffer help with minimizing impacts. It has been discussed how tough it is to develop on this slope and it is appropriate to rezone the site to MUE,put this on the tax rolls,meet the conditions and put people to work. Opponents— Erik Lea, 7530 SW Varns Street,Tigard, OR,97223,agreed with many of the things said tonight but is opposed to the project. He said the numbers do not lie and it should not be suggested that the neighbors are getting ahead of themselves or that the topics of traffic and access are not relevant to the discussion. Every step taken and approved action precedes TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page 15 of 30 T unqualified approval of this development. The development may bring money and a handful of jobs but at what expense? Denial is not a plan and it does nothing to address the critical issues of traffic and access.Access to this property was a challenge when the property was acquired and remains a challenge today. He said the neighbors expect this parcel to be developed and they do not indiscriminately oppose it. He said they have met on many occasions and looked to find common ground.The Fields Trust is asking the city to make a change to a previous agreement which is well within their rights. The neighbors are asking only that the city honor the agreement with their neighborhood and condition any approval for change on the maintenance of the Varns Street plug. He said this issue came up earlier and referenced Resolution No. 79-86. Nothing has changed that is grounds for breaching this commitment to citizens. He said they have been told by planners that nothing in the code prohibits this development. He noted that the council has been tasked with the interpretation and application of the code. The city attorney's job is to interpret the code. He said the application of the code should universally consider the best interests of the people. One can rarely go wrong with the credo,"Do no harm." The simplistic view that just because something is not prohibited means that it is expressly allowed is dangerous and irresponsible. He requested that council weigh the facts carefully when making any decision that impacts the neighborhood. The owners,realtors and planners surely knew there were issues with access when this property was obtained. Fast forward 40-50 years and the solution is rose-colored glasses designed to convince everyone that no problem exists. We've been told with straight faces that this development and the addition of thousands of traffic trips daily will have no significant impact on our region and our neighborhood daily. They determined that no traffic analysis is needed unless the developers propose even more trips. The traffic cap that was used as justification to not conduct the traffic analysis is not a realistic outcome of this development. He encouraged council to approve what is before them but any change should be conditioned to honor the commitment made to the neighborhood and the maintenance of the Varns Street plug. Kyle Haslem, 7480 SW Varns Street,Tigard, OR, 972223, said their neighborhood is like one big family. He said they know each other and can ask for things. For example, the other day he needed an egg and could go to anyone's house to ask for one.They can go out at night when it is dark and not worry about cars zooming by. It is peaceful and quiet. There are lots of kids in the neighborhood who have started businesses together such as lemonade stands and lawn mowing. They like to ride their bikes around the block. We don't have to worry about cars. He has moved quite a bit and none of the other neighborhoods have been like this one. He asked council not to change anything about it because he thinks it is perfect just the way it is. William Robert Gillette, 7480 SW Varns Street,Tigard, OR 97223,likes riding his bike around the block and is nervous that if something is built like apartments or a large store that their small road will be full of cars. He said he could foresee someone backing out of a driveway and getting in an accident because of a lot of cars going by fast. He could also see parking in a driveway that is not theirs or in front of other people's houses. Building a store increases the chances of walkers and bikers getting hurt. Also we can bike to a lot of stores today and if you build stores or offices we may not be able to do that. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 16 of 30 At the request of Councilor Henderson,Reed Gillette read 10-year old William Robert Gillette's statement again.He noted that the boys wrote their speeches and chose to testify on their own. Reed Gillette, 7480 SW Varns Street,Tigard, OR, 97223,said in his previous testimony to the Planning Commission,he read the city council's walkability statement. He noted it was mentioned earlier by Councilor Goodhouse and said it is obviously important to council. Councilor Woodard has spent time on Varns Street. He said there are many walkers on their neighborhood streets at any time of the day and it is one of the most walkable streets in Tigard and in Portland. He said his neighborhood wants transparency and protection. They hear that their streets may be used as through streets.They hear that they may be a cul-de- sac. They hear the planners say they cannot offer any protection because they do not know what the developers want to do. He said, "How about we the community do the planning and not wait and see what the developers want to do?" Our neighborhood is scared, frustrated and a bit angry. We are scared that our neighborhood will become collateral damage. We are scared that the traffic will increase out of control in front of our houses. We are scared our property values will decrease. We are scared our community as we know it will be ruined. We are frustrated that we cannot get anyone to acknowledge our concerns. We are frustrated that we are not being protected.We are frustrated that developers get more face time while the community is advised that any conversation we have is improper. We are frustrated that planners do not think traffic will be a big deal in our neighborhood. Mr. Gillette said he knew he was not allowed to give new evidence but he mailed this in previously. He asked that council read the articles he sent that talk about how communities are already fighting this application because it deviates traffic through high traffic areas to low traffic areas,often through small communities and small streets. He asked each councilor to stand on their street and think what this means to them if they are not protected and what this means for traffic in the area. Traffic caps will not work based upon those articles. They are angry because big money gets the attention. We are angry that the lawyer representing the Fields Trust said they do not object to blocking the through traffic. He said she stood up at the Planning Commission and said they did not oppose putting a restriction on that and would go ahead and put that as a condition. Associate Planner Pagenstecher said no we won't allow that. So we have the people who own the property saying they will honor that resolution and we have the planning staff saying no,we won't. We would like them to honor it. He described what he thought was a well-orchestrated charade at the Planning Commission. The attorney stood up and walked over to talk to Associate Planner Pagenstecher. They whispered and she said it was OK to keep that plug and he said, "No,we don't want it." That was unprofessional. He asked council to think about this when they vote. He asked, "When you are brushing your teeth,look at the mirror and ask yourself if you are protecting our neighborhood. Are you doing the right thing?" He asked council by a show of hands who has walked on their street and seen all the walkers. He asked that the record show only two raised their hands. He asked, "Are you going to let them build a through street in our neighborhood?"He commented that there was no answer from council. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page 17 of 30 City Attorney Ramis clarified that this is the opportunity for testimony and it is not an opportunity for questions. Mayor Cook said he could not answer the question and acting in a quasi-judicial capacity cannot raise his hand or answer him. Mr. Gillette said he knows a lot of time is spent with developers and with planners. They are asking council to open their doors to the community and talk with them about planning for the future. April Frezza, 13275 SW 76th Avenue Tigard, OR 97223, said in 2012,Mike McCarthy,a senior project engineer in Tigard's planning department submitted a multi-modal project application for$900,000 of STIP funding for"72nd Avenue in the vicinity of Highway 217 and the streets intersecting 72dAvenue,particularly including Hunziker Street." The project's problem statement reads,"Traffic volumes exceed capacity at multiple locations in the interchange area including the ramp terminals and are nearing capacity at other intersections along 72nd Avenue. Side street intersections including the signal at Hunziker complicate traffic flow in the interchange area." The MUE zone change would add 5300 trips to an area that is already at or exceeding capacity in 2012 and currently the site does not generate any trips. The zone change directly conflicts with the Tigard Triangle Strategic Plan to attract more employers into the Triangle. This is clearly stated by Mike McCarthy in the application, "When developers have proposed high density buildings in the Triangle,they have received discouraging news about the lack of vehicular capacity through this interchange and the nebulous notion of millions of dollars in offsite improvements in order to meet the regulatory requirements necessary to construct those dense developments. Few have chosen to move ahead." The mayor advised that their concerns should be founded on what is legal rather than emotion-based.The facts provided throughout the application, which is already on record,generate concerns of credibility and accountability of city staff. Approving the Fields Trust application sends a clear message that the mayor and the council are ignoring the facts as stated in the application including that,"The transportation problems in this Highway 217/72hhd Avenue interchange are costing this area thousands of jobs." Nick Frezza, 13275 SW 76th Avenue,Tigard,OR 97223 handed out a map of the area. He said the Rolling Hills neighborhood is a quiet oasis of 70 purely residential properties located just two miles from central Tigard. Their neighborhood has been firmly established for 50 years and he has lived there for almost 40. Creating an MUE zone deep within the neighborhood will forever end the safety,walkability and tranquility of Rolling Hills. He referred specifically to two lots at the top of the map that stand alone. He said they are identified as 2S101131300300 and 400 and are located entirely within Rolling Hills.Allowing businesses to establish a foothold deep within their neighborhood can only lead to further encroachment and the eventual and inevitable commercialization of SW Varns. The lots comprise about two acres each and are a little less than ten percent of the total acreage involved in this rezoning application.What is vitally important to understand is that these two small lots are only accessible via the quiet neighborhood streets of Rolling Hills. They are directly accessed by Varns Street and indirectly by Cherry Street. It is equally important to point out the long-standing resolution to plug Varns and that these two lots are adjacent to the plug end at the west end of Varns. Rezoning the lots within Rolling Hills as MUE,if TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page 18 of 30 not an outright violation,is clearly inconsistent with the spirit and intent of Tigard's Development Code Chapter 18.5.10 entitled Residential Zoning Districts,which states its purpose as preserving neighborhood livability. Allowing commercial development and the greatly increased traffic that comes with it is certainly not in the best interests of preserving neighborhood livability. Adherence to Tigard's own development code stipulates that these two lots should be zoned as residential with a density that will not be materially detrimental to the character of the existing neighborhood.They most certainly should not be zoned as MUE which will allow a broad range of commercial activities as well as high density apartments. Rezoning the two lots as MUE to make them more attractive to commercial development is the wrong answer. Ray Pirkl, 7745 SW Varns Street,Tigard, OR 97223, said he and his wife have resided there for 46 years. He said in 1979 he and a neighbor carried a petition throughout the Rolling Hills subdivision asking that Varns Street be blocked on the west end that butts up to the Fields Trust land. It was carried in good faith to the council and council addressed it in good faith. They voted unanimously to grant their wish by passing Resolution No. 79-86.We think the resolution was a valid contract between Rolling Hills and the city. Now the rules have been changed and without any notice to Rolling Hills the city is now saying there is no longer an agreement. I was told by a planning department employee that it was removed because the new development plan made everything in the previous plan invalid including the 50-foot buffer and street block. I asked him why the street needed to be open. His reply, after hesitation,was "so we can run the sewer down the street." Nothing was said at that time about really using it as an access point for the Fields property. I told him the neighborhood would do anything needed to allow a sewer line down the middle of Varns Street,which is going to happen someday anyway,but please leave the block in place. He said the city could not do that. He asked a rhetorical question directed to a councilor that had been on the property. He said when they met with the Planning Commission they met two times because the first time when asked if any commissioners had been there,none had. The second time they all visited it and two comments were interesting. One commissioner said he did not even know Rolling Hills existed.That is tragic. Another commissioner said he would not mind living there himself. He asked council when they vote,to remember the city's core values which include respect and care,do the right thing, and get it done. Please leave the block in place as was promised and which we believe is a valid agreement 36 years later. Council President Snider asked what prompted him and his neighbor to take this action in 1979. Mr. Pirkl replied,"We could see the future. We saw that property back there and it looks today like it did then except it had more trees. We knew something was going to happen. Back then 72nd Avenue was not even as busy as it is now. It is nuts." Mr. Pirkl mentioned the noontime traffic. No one in the neighborhood will go out on Varns between 11:30 and 1:30 because it is chaotic on 72°d due to lunch time errands and lunch. No one is counting those cars. He thanked Attorney Hossaini for giving them back the buffer and noted that the Fields Trust and Mackenzie both said they do not object to keeping the block in place. He appreciated that from someone who is trying to sell that much property. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 I www.tigard-or.gov I Page 19 of 30 Jan Barbur, 7380 SW Vams Street,Tigard, OR,said she agreed with her neighbors. It is an awesome neighborhood.Traffic is an issue. Contrary to what the applicant says,it is important that you understand how bad it is out there now. She changed her hours to beat the traffic rush and drives it every day. Traffic is already backed up on 72"d Avenue at 3:00 p.m. If she cannot leave work at 5:00 she will wait until 6:00 because she gets home at the same time. No one cannot cross 72nd Avenue and wrecks happen constantly. She implored council to think about the traffic issues this will cause even though the applicant said it does not matter and this is just a zoning change. She said there is a need to find a better use for the Fields property, something that will generate tax money for the city and comply with traffic patterns as they are. Traffic will end up on 72nd and Hunziker and the roads cannot handle it. She invited council to come to their neighborhood and watch. People from surrounding businesses walk in the neighborhood on their lunch hours. It is like a family there. Neighbors look out for each other. She has many people who make a wrong turn and then use her driveway to turn around. She implored that council think about this decision and the fact that while the law must be followed and it is probably a good idea financially to rezone that land,it is not good for livability of the neighborhood. Romdi Abblitt, 7700 SW Cherry Drive,Tigard, OR,97223,thanked council in advance for the 50-foot buffer. She hopes it will remain through the entirety of Cherry Street and that the plug will remain closed as accepted years ago. She thanked her neighbors for attending and asked them to raise their hands. Craig Hopkins,7430 SW Vams Street,Tigard, OR 97223 said he,his wife and children have resided there since 1978. He said there is not much that has not already been stated but he is extremely concerned that Varns remains a closed street. It is not appropriate that it be opened up to accommodate any project. He said in terms of issues that affect the development of the Hunziker industrial area,including traffic,Margaret Doherty has come up with money to help with this process. Janice Mayer, 7650 SW Cherry Street,Tigard,OR has lived there since 1983. She opposes the change not only because they are taking a chunk out of the neighborhood but also because traffic is really bad. There are frequent crashes on 72nd Avenue and I-5. Trip caps don't work. If someone wants to drive to the grocery store and they would be number 662,no one stops them. It is not enforceable. It is a large neighborhood and the neighbors want to keep it safe. The slope is significant. She said there used to be five-foot ravines to help manage the runoff.All of the neighbors whose property backs Cherry Drive have artesian springs on their property. Nothing has been addressed on what will be done with the water. She has five springs on her property and is at the top of the hill. Where will the water go? There is a wetland in the property where the industrial development will go and it will be blacktopped. She asked if Fanno Creek will be improved to handle all of the water. She said nature made it a sloped area and maybe it should not be developed the way that is being proposed. She said her neighborhood is not saying they do not want anything built there. They want the right thing back there. It is council's responsibility to the constituents in Tigard. She said as a real estate agent she would love to be at the end of the race but it is not the end of a race for the neighbors. It is their home where they have lived for a very long time. She said she planned TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page M of 30 to stay and her daughter will buy their home when they are ready to move on. She asked council to protect it. Martin Stewart, 7570 SW Cherry Drive,Tigard,OR 97223, said council has heard most of his concerns but he still has a concern about trust in the people we elect to take care of people and protect them. He said this is what it is all about. Sonia King, 7505 SW Crestview Street,Tigard, OR 97223 represented Crestview Street. She reminded council that this is residential property and she wanted council to take care of them. She said she heard earlier that the only discussion was changing the industrial land to multi- use. This is not just industrial land;it is my neighborhood. Dennis Worsniak, 13493 SW 75`h,Tigard OR 97223,added that he and his wife have lived in the neighborhood for 42 years and love living there. He noted other people mentioned walkability and bicycling riding. He said Varns Street is only 40 feet wide and there are no sidewalks. It there are cars parked on each side that leaves only 20 feet for access. There is not enough room for two cars to pass. Neutral— Jon Makler, ODOT, 123 NW Flanders,Portland, OR 97212,is the Region 1 Planning Manager for the Oregon Department of Transportation. Region 1 covers the four-county metropolitan area of Washington,Clackamas,Multnomah, and Hood River counties. He said that ODOT and Tigard agreed to employ a trip cap for this rezoning which has the benefit of streamlining the development review process. He added that he,Associate Planner Pagenstecher and the transportation planner from Mackenzie could answer any questions council may have about trip caps and how they work. However, the Tigard staff has imposed a cap that exceeds ODOT's tolerance. In ODOT's view the excess trips represent a risk to nearby facilities,especially in terms of safety. The value of a future year analysis is that it will allow the city and ODOT to identify when and where development on this site imposes safety and mobility problems on nearby facilities. This will provide a rational basis on which the city can negotiate with the developer for mitigation,which the Planning Commission noted worked previously in the case of Wal-Mart. At no cost to the city this condition leaves options on the table to ensure safety on the roads. h. Final remarks by staff - Associate Planner Pagenstecher summarized that there were many commonalities in the testimony and the neighborhood raises legitimate questions,as does ODOT. The future developers of this site will need to address each of those concerns when a specific development is proposed and provide the ability to measure impacts on the facilities that ODOT is concerned about and the adjacent neighborhood that the neighbors testified about. Mayor Cook asked if there were questions from council. Councilor Woodard confirmed that the conditions of approval would be deliberated on at that point of development approval. Associate Planner Pagenstecher said as proposed,any development would be subject to a Type III review by the Planning Commission. It would not come before council. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 972231503-639-41711 www.tigard-or.gov I Page 21 of 30 Council President Snider referred to earlier testimony that the applicant agreed to stipulate to a condition of approval related to the Varns Street issue. He said we have a neighborhood full of concerned people so why is staff recommending that it not be included. Mr. Pagenstecher replied that there is a no development proposal on the table;it is a rezoning proposal so there is no impact to Varns. Council President Snider said the risk is that the city makes a land use decision that the applicant objects to and then appeals. He said there is already a resolution on the books and there is an applicant that says they are stipulating to it,which he assumes means they will not appeal. Associate Planner Pagenstecher said the resolution is in effect now and it will be in effect after council makes their decision. It is not an issue in relation to this zone change. He said how future development is designed and how it impacts Varns is critically important. Council President Snider referred to testimony about the analysis quoted from the city's own Transportation Engineer McCarthy. He asked what Community Development did with that information. Mr. Pagenstecher said if he was referring to Engineer McCarthy's characterization of current condition of transportation facilities adjacent to the neighborhood,he said he did not take issue with the current condition for traffic problems and neither does Engineer McCarthy, as he applied to ODOT for a$1 million study on issues just as ODOT suggested but they did not fund it. He said staff acknowledges the existing traffic problems and does not disagree with the neighbors that problems are serious. Council President Snider asked if the implication was that this is not relevant to this zone change. Associate Planner Pagenstecher said it is relevant to this zone change and is addressed through the condition that provides a trip cap. He said the trip cap means that whatever current zoning allows today,the impact of traffic under uses allowed under the current zoning will be limited to the proposed zone. Council President Snider said the ODOT tolerance is different than our own. He asked if that should be a condition and asked about ODOTs other recommendation for a condition change. Mr. Pagenstecher replied that staff disagreed with ODOT and agreed with the applicant's consultant's analysis. It hinged around land use and the ITE characterization of land uses which is the methodology used by transportation experts. Business Park was the characterization used by ODOT,and office park was the one used by the consultant and agreed to by city staff,who felt it was more representational of an MUE zone. Council President Snider asked about the two lots butted up against the property at the top of the map. Mr. Pagenstecher said two acres are zoned R 3.5 and three acres are zoned CP. He understands that the neighbors prefer that these not be added to the zone change because they are closer to their neighborhood. A developer would be required to show how impacts are addressed to adjacent development. There is an opportunity for many kinds of mitigation including disposition of development across the site,screening,buffers and other tools. Council President Snider asked if there was access to both properties through Hunziker Street and Mr. Pagenstecher said there is no information on what access is available. He said it was reasonable to think that access would be somewhat limited due to the slope. TIGARD CITY COUNCIL MEETING MINUTES-OCTOBER 13, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page 22 of 30 Assistant Community Development Director McGuire said there is information that was not part of the testimony. He referred on the map to the two smaller lots and said they no longer exist.The property owner did a lot line adjustment and joined them into one single piece of property for the MUE zone. It does have access on Hunziker. Councilor Woodard clarified that if council chose to approve the Comprehensive Plan amendment and zone change tonight and a developer submits a proposal it would be a Type III decision and not come to council. He asked if one of the conditions of development would be Resolution No. 79-86 and would it guarantee that Varns will not go through. He asked the City Attorney if there is a way council could have a say on this. City Attorney Ramis replied that depending on the application,it could come to council on appeal so the premise that council would never see it is incorrect. It would go first to another decision maker but if people were dissatisfied it would come to council. Mayor Cook responded to Councilor Woodard's question on the resolution and said it stays in place unless a future council removes it. That is a council issue. The Planning Commission cannot release it. Question from the Floor: Someone asked for clarification on which body could change the resolution,the Planning Commission or the City Council and Mayor Cook answered it was the City Council. It could be changed by a future council resolution. More questions were raised from the floor and City Attorney Ramis cautioned that the record would have to be reopened if this continued. Someone asked if the road was closed now and Mayor Cook agreed that it was but that could be changed in the future by a city council resolution but this council is not proposing such a resolution. Councilor Henderson asked if what council was considering tonight was to accept the MUE zoning and ingress or egress would be a condition of development. Mr. Pagenstecher agreed. i. Applicant Rebuttal Applicant Attorney Hossain clarified that the two northeast lots which are no longer separate lots are not part of the Rolling Hills Subdivision. One is zoned commercial and could be developed for commercial use at any time.The Planned Development Overlay is going to be where the rubber hits the road and will allow the Planning Commission to work with setbacks, etc. to make sure that the new development respects the existing development. She said with respect to ODOT's request to amend that condition of approval,they would object to that.There is no legal basis for this as a condition of approval in state law or the city's code. She said if ODOT wants to change the rules of the game it needs to go to the legislature or change its administrative rules. It cannot decide on an ad hoc basis that this or any other development application needs to start providing future year traffic impact studies and providing mitigation for those. She said this would not be allowed under current law,in her opinion. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 23 of 30 She said this zone change meets the only transportation requirement that is applicable to it which is the Transportation Planning Rule;hence there is a trip cap. ODOT wanted a much lower trip cap but there is substantial evidence in the record that our trip cap,which the city engineer agreed with,is defensible and what ODOT wanted was not commensurate with the existing development capacity of this property. Traffic Engineer Ahrend of Mackenzie said Ms. Hossaini covered the issues. He clarified that if there was an analysis to be done with the zone change it was for the transportation planning rule and because we have proposed a trip cap to keep the proposed zoning to no more than the current zoning,there was no need to do the long-term analysis. We are not going to exceed the capacity of the existing zoning, and the city agreed to this. We even lowered it by looking at a worst case scenario but we do not want to lower it further or it cuts down into the potential development potential and staff agreed with that. Mr.Ahrend said what ODOT is asking for is the applicant to provide that analysis when they come in with a development application.This is the same analysis the city is trying to get funding for and this is not the proper role of the applicant. Council President Snider asked Mr.Ahrend when was the last time he saw an ODOT Planning Manager testify against a zoning change. Mr.Ahrend said he could not say he had ever seen that happen. Council President Snider asked if he found that curious or concerning. Mr. Ahrend said they are concerned about the traffic flow in the area which the City recognizes too,but this is not the proper way to provide that analysis. Councilor Henderson asked Mr.Ahrend if he saw an ability to relieve the flow of ingress or egress on the property without using existing infrastructure. Mr.Ahrend asked if he meant Varns Street and said he believed there were ways to address the capacity and access needs of the property but that would need to be determined when we know what the level of development is and what options are available. He agreed it was possible. j. Mayor Cook closed the public hearing. k. Council deliberation Mayor Cook asked if any member of council was prepared to make a motion. Councilor Goodhouse moved to approve Ordinance No. 15-16 with an amendment honoring Resolution 79-86 preventing through traffic on SW Varns. Councilor Woodard seconded the motion. Council President Snider said he was troubled by the ODOT testimony and was concerned they may even appeal council's decision. He said after listening to staff and the applicant it seems like for the land use decision before council the proper things have been done. It is important to recognize what is in Tigard law and he supported the recognition of the resolution in what council is considering. Councilor Woodard said he was optimistic and hopeful that development will occur in the right way. He said it was good to hear there may be other ways to route traffic. Developers TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 24 of 30 are sharp and if it is not satisfactory to the neighborhood they will work together with a neighborhood to find solutions. He said people should not fear zone changes. Changes will occur and we need to develop smartly and do it together. He said council is with them and heard them. He said he has walked through the neighborhood,it is beautiful and he felt for the neighbors. Councilor Henderson concurred. Mayor Cook asked the City Attorney about the addition of the resolution and whether it allows future councils to change it. City Attorney Ramis said it depends on how it is incorporated into the motion. If council simply recognizes it as an existing policy,it does not make it a condition. But if it is made a condition then the specific change is the procedure by which council would have to undo it. Right now,the policy is in place in a resolution which can be amended by the council. If it is put it into the zone change as a condition, a new zone change process would be required to undo it. Council President Snider asked City Attorney Ramis about the current motion and he replied that the verb used was "recognized"and in his mind that did not say it was a condition. Councilor Goodhouse left his motion the way it was. There was no further discussion. City Attorney Ramis commented on the basis for ODOTs proposed condition. ODOT's testimony did not relate the proposed condition amendment to any proposed criteria. He expressed concern that if council were to adopt that criteria it would be difficult for the city to defend because it is not related to any of the criteria. He clarified for Council President Snider that he did not have that concern about the current motion. Councilor Goodhouse asked if the resolution prevented any traffic coming in anywhere on Varns from the development. Mayor Cook clarified that Varns runs from 72°a Avenue to a dead end plug. Councilor Goodhouse said he wanted to impose a condition so through traffic cannot come from the development into the neighborhood. City Attorney Ramis said if it is council's pleasure to impose a condition that said no through traffic on Varns can originate from this development,he suggested council make a tentative decision and staff would come back with a final set of findings and conditions with that condition for council approval. City Attorney Ramis said Councilor Goodhouse would have to withdraw or amend his existing motion and then approve the ordinance with an amendment that would prevent through traffic on Varns originating from development on this site. Councilor Goodhouse motioned to amend his motion for council to create language to limit any traffic from this new development into the Rolling Hills neighborhood. Council President Snider seconded the motion. Councilor Henderson said he believed the will of the developers and the community is unnecessary. He said they understand and will put their best foot forward.They have a chore to do wherever that egress is located and they will have to make that a complete program at a later date. He said he did not want to complicate this and will vote no on this amendment. Council President Snider said he was concerned that council even has the authority to impose this given the criteria. City Attorney Ramis said council needs to relate any condition to a criteria and he would look to the staff to do that. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 972231503-639-41711 www.tigard-or.gov I Page 25 of M Councilor Goodhouse said his reasoning was that if a past council,in approving Resolution 79-86 did not envision a road besides Varns,it could allow a roundabout way to bring traffic through on another road. He wanted to clarify it more and prevent any through traffic. City Attorney Ramis said an alternative is to amend the resolution to make sure it broadly captures the idea Councilor Goodhouse was describing. Mayor Cook commented that this would show future councils that may consider changing it that not only did the council 30 years ago want this but this council did too. Council President Snider said that seemed like an elegant proposal to try to address the concerns. He said he was not willing to vote on the zoning change unless council was also considering a revised resolution. Councilor Woodard asked if there was a downside to future development and if this would harm the community or the builders in the future. City Attorney Ramis said in pursuing this resolution council is just being consistent. A downside might be if a future traffic solution was developed that the community felt was superior and involved routing traffic through this neighborhood,it would then not be an option. In response to a process question from Councilor Goodhouse, City Attorney Ramis suggested withdrawing the current motion and asking for a continuance until October 27, 2015 and directing staff to prepare an amended resolution for council consideration. Council President Snider confirmed that staff would be bringing back this resolution and the same ordinance. Councilor Goodhouse withdrew his amendment and motion. Councilor Woodard withdrew his second to the main motion and Council President Snider withdrew his second to the amendment. Councilor Goodhouse moved to carry over to a date certain of October 27, 2015, and ask staff to amend Resolution 79-86 so through traffic is not allowed through the Rolling Hills neighborhood from this new development. Council President Snider seconded the motion. There was no discussion. Councilor Henderson called the question. Mayor Cook conducted a vote on closing the discussion and it passed unanimously. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Mayor Cook conducted a vote on Councilor Goodhouse's motion to continue the hearing until October 27 and consider an amended resolution. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 972231503-639-41711 www.tigard-or.gov I Page 26 of 30 Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Motion passed unanimously. At 10:37p.m. Mayor Cook called for a short break. Meeting reconvened at 10:44 p.m. 5. INFORMATIONAL PUBLIC HEARING—CONSIDER RESOLUTION APPROVING FY 2016 FIRST QUARTER BUDGET SUPPLEMENTAL a. Open Public Hearing - Mayor Cook opened the public hearing and announced that this is an informational public hearing in which any person shall be given the opportunity to comment. b. Staff Report: Senior Management Analyst Collins gave the staff report and said this first quarter supplemental budget has a total of$12.5 million in unanticipated requirements but these are offset by either contingency reserve or carryovers from the previous fiscal year. Of significance in this amendment is the $6.6 million payment for the Lake Oswego-Tigard Water Partnership. There is a change to the amendment to convert a court clerk 2 position currently budgeted at .90 FTE for a re-classed court operations supervisor at 1.0 FTE. This is a total cost difference of$14,000. C. Public Testimony - None. d. Council Discussion -None. e. Mayor Cook closed the public hearing f. Council Consideration Councilor Woodard moved to approve Resolution No. 15-47. Council President Snider seconded the motion. Senior Management Analyst Collins said staff recommends approval of this FY 2016 First Quarter Supplemental Budget, as amended. Mayor Cook asked City Recorder Krager to read the number and title of the resolution. Resolution No. 15-47 -A RESOLUTION TO AMEND THE FY 2016 ADOPTED BUDGET TO ACHIEVE THE FOLLOWING: RECOGNITION OF GRANT REVENUES AND EXPENSES ALONG WITH BUDGET ADJUSTMENTS IN PUBLIC WORKS, COMMUNITY DEVELOPMENT, POLICY&ADMINISTRATION, COMMUNITY SERVICES,AND THE CAPITAL IMPROVEMENT PROGRAM,AS AMENDED TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 27 of 30 Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Mayor Cook announced that Resolution No. 15-47 passed unanimously. CITY CENTER DEVELOPMENT AGENCY - Mayor Cook announced that the next item on the agenda is a City Center Development Agency item. 8. INFORMATIONAL PUBLIC HEARING: CONSIDER RESOLUTION APPROVING FY 2016 CITY CENTER DEVELOPMENT AGENCY BUDGET SUPPLEMENTAL a. Chair Cook opened the public hearing and announced that this is an informational public hearing in which any person shall be given the opportunity to comment. b. Senior Management Analyst Collins said the item in the supplemental budget is a carryover from last fiscal year in the amount of$15,000 for final payment of the relocation of the dog park including the demolition of the Zuber house. C. Public Comment—None. d. CCDA Discussion and Questions—Director Henderson asked for the source of the $15,000 and Senior Management Analyst Collins said it came from the urban renewal fund. It was budgeted last year and not spent. e. Chair Cook closed the public hearing. f. CCDA Discussion and Consideration Director Snider moved to approve CCDA Resolution No. 15-05. Director Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. CCDA RESOLUTION NO. 15-05 -A RESOLUTION TO ADOPT A SUPPLEMENTAL BUDGET AMENDMENT TO THE FY 2016 CITY CENTER DEVELOPMENT AGENCY BUDGET A vote was taken and the motion passed unanimously. Yes No Director Woodard ✓ Chair Cook ✓ Director Goodhouse ✓ Director Henderson ✓ TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 28 of 30 Director Snider ✓ CITY COUNCIL Mayor Cook announced the remaining items are City Council agenda items. 9. CONSIDERATION OF A TASER PURCHASE CONTRACT Police Chief Orr said this is a contract to supply the police department with Tasers and authorizing the city manager to sign the contract. He said the Tasers used now are 12 years old and near the end of their useful life. They will no longer be supported by the vendor. The purchase before council includes a one-time insurance payment that will guarantee that at the end of a five-year period the city will receive replacement Tasers with the latest technology. This agreement will fulfill the department's Taser needs for the next ten years. The expenditure was discussed and City Manager Wine noted that funding for this item is split between two funds. Council President Snider asked if anyone knew how much the city has spent over the years to maintain the existing old Taser equipment and Chief Orr said they did not. Councilor Woodard moved for approval of the Taser purchase contract and authorizing the city manager to execute the contract. Council President Snider seconded the motion. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Mayor Cook announced that the motion passed unanimously. 10. APPROVE 72ND AND DARTMOUTH INTERSECTION IMPROVEMENTS DEVELOPER COSTS AND AUTHORIZE THE CITY MANAGER TO APPROVE REIMBURSEMENT Finance and Information Services Director LaFrance gave the staff report. Since 1999 developers have been paying into a fund for eventual signalization of the 72nd Avenue and Dartmouth Street intersection. Building the Wal-Mart triggered the need to install the signals so that developer will receive the funds. Mayor Cook asked if the city has proof of what the signals cost. Mr.LaFrance said the Wal-Mart developer supplied proof that the signals cost$800,000. Councilor Henderson inquired if any of the costs went towards improvements on Pacific Highway. Mr. LaFrance said while Wal-Mart did some work on Pacific Highway these funds are only allowed for the work completed on 72nd Avenue and Dartmouth Street. Councilor Woodard moved for approving the 72nd Avenue and Dartmouth intersection improvements developer costs and authorizing the city manager to approve reimbursement. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page 29 of 30 Councilor Goodhouse seconded the motion and all voted in favor. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ 11. NON AGENDA ITEMS There were none. 12. EXECUTIVE SESSION None held. 13. ADJOURNMENT At 10:59 p.m. Council President Snider moved for adjournment. Councilor Woodard seconded the motion and the motion passed unanimously. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Carol A. Krager,City Record(Ir Attest: John ook,Mayor l0 / Date TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 13,2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 30 of 30