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City Council Packet - 10/17/2017 ih City of Tigard TIGARD Tigard Business/Workshop Meeting—Agenda TIGARD CITY COUNCIL/TOWN CENTER DEVELOPMENT AGENCY BUSINESS-WORKSHOP MEETING MEETING DATE AND TIME: October 17,2017 - 6:30 p.m. Business-Workshop Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://live.figard-or.gov CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. IN ` • City of Tigard Tigard Business/Workshop Meeting—Agenda T1GARD • _.., s. � � � —gym- — _ �.. - . TIGARD CITY COUNCIL/TOWN CENTER DEVELOPMENT AGENCY BUSINESS-WORKSHOP MEETING MEETING DATE AND TIME: October 17,2017 - 6:30 p.m. Business-Workshop Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Tigard High School Student Envoy C. Tigard Area Chamber of Commerce D. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council)These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: •August 8,2017 •September 12,2017 •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/Town Center Development Agency has voted on those items which do not need discussion. 4. JOINT MEETING WITH TOWN CENTER ADVISORY COMMISSION 6:35 p.m. estimated time 5. QUASI-JUDICIAL PUBLIC HEARING-REMAND OF BASE CAMP LLC LAND USE APPLICATION 7:15 p.m. estimated time 6. CONSIDER RESOLUTION TO AMEND BUDGET COMMITTEE BY-LAWS TO REMOVE PERM LIMIT 7:55 p.m. estimated time 7. CONSIDER AUTHORIZING A BILL OF SALE TO PORTLAND GENERAL ELECTRIC FOR STREETLIGHTS ON BURNHAM STREET AND MAIN STREET 8:05 p.m. estimated time 8. CONSIDER CITY ATTORNEY EMPLOYMENT AGREEMENT 8:20 p.m. estimated time 9. NON AGENDA ITEMS •EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to review and evaluate the employment-related performance of the city manager,under ORS 192.660(2)(i).All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 8:30 p.m. estimated time 10. ADJOURNMENT 9:15 p.m. estimated time City Council Update Oct 2017 SUPPLEMENTAL PACKET FOR t01/4 7/a0 /7 Chamber Update (DATE OF MEETING) Leadership Tigard • 2017 class helped with Project Homeless Connect Tigard on 10/13 at St. Anthony's • History, Culture & Diversity Day was held 10/10—Great walking tour of Downtown Tigard,John Tigard House, Traveling Museum, Mayor Cook, and more! • 11/14— Human Needs Day Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.—Weekly 10/19/17—Hosted by Attwell off Main at their location 10/26/17—Hosted by SQ Merchant Services at Flyboy Brewing 11/2/17—Hosted by With Love, at Tigard Chamber 11/9/17—Multi Chamber Hosted by Costco Tigard at their location Other 10/17—5:00- 6:30 p.m. Get Connected Evening Networking @ Double Tree by Hilton 10/18— 1:15-2:15 p.m. —Gov't Affairs and Public Policy Committee Meeting 10/24—7:30 a.m. - Invest in U Monthly Educational Series—Topic is Facebook 11/8— Noon— Leverage and Learn— How to's in unlocking & leveraging your chamber membership Details at http://business.tigardchamber.org/events/calendar/follow us on Twitter @tigardchamber Tigard Farmers Market Update • Wrapping up the season,two more Sundays at the Market,Trick or Treat at the Market on 10/29 • Already planning for next season, as well as off season craft and gardening classes, stay tuned! • Looking forward to connecting with the community through next years' Farm to Table event, check the video on the Tigard Farmers Market website and Facebook page. Follow us on Facebook at tigardfarmersmarket and on Twitter @tigardfarmers TDA Downtown Updates • Street Fair was a huge success! Estimate 7500 attendees, we had 170 vendors • 2 weeks to Trick or Treat Main Street! —Join downtown 4-6 p.m. 10/31 for a safe, daylight trick or treat experience and see what is changing in Downtown Tigard • Save the date for Tree Lighting 12/1/17 Find us on Facebook at exploredowntowntigard and at www.exploredowntowntigard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard TIGARD Leadership Tigard I TDA CHAM6ER OE COMMERCE Building Leaders.Growing Community. i."„ t:',r_ AGENDA ITEM NO. 2D - CITIZEN COMMUNICATION DATE: October 17, 2017 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a Cite of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. Al written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in Cite of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS &PHONE TOPIC STAFF Please Print CONTACTED Name: Also,please spell your name as it sounds,if it will �/ P help the presiding officer pronounce: 0° (A, I ' 140 g, Address / 1 City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 171003.doc AIS-3290 3.A. Business Meeting Meeting Date: 10/17/2017 Length (in minutes):Consent Item Agenda Title: Receive and File: Council Calendar and Tentative Agenda Submitted By: Carol Krager,Central Services Item Type: Receive and File Meeting Type: Consent- Receive and File Public Hearing: No Publication Date: Information ISSUE Receive and file the Council Calendar and the Tentative Agenda for future council meetings. STAFF RECOMMENDATION / ACTION REQUEST No action is requested;these are for information purposes. KEY FACTS AND INFORMATION SUMMARY Attached are the Council Calendar and the Tentative agenda for future Council meetings. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A -Receive and File Items Attachments Three-month Calendar Tentative Agenda r� MEMORANDUM TIGARD TO: Honorable Mayor&City Council FROM: Carol A. Krager,City Recorder RE: Three-Month Council Calendar DA1'h: October 5,2017 Below is a listing of council meetings for the next three months. Regularly scheduled Council meetings are marked with an asterisk(*). October 3* Tuesday Council Business Meeting —6:30 p.m.,Town Hall 10* Tucsday Council Business Meeting 6:30 p.m.,Town Hall CANCELLED 17* Tuesday Council/TCDA Business/Workshop Meeting—6:30 p.m.,Town Hall 24* Tuesday Council Business Meeting—6:30 p.m.,Town Hall November 7* Tuesday Council Business Meeting —6:30 p.m.,Town Hall 14*Tuesday Council Business Meeting—6:30 p.m.,Town Hall - . ., . :.. -. • --.. .. .. . ..- . _ . - .. CANCELLED 28*Tuesday Council Business Meeting—6:30 p.m.,Town Hall December 5* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 12* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 19* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 26* Tuesday Council Business Meeting 6:30 p.m.,Town Mall CANCELLED is\adm\city council\council calendar\3-month calendar word format.doc L L a) a) 12 UCe CeO 4 J-� N UN N N N 0 L -p OU O O o o U o a) N N NN N X •N Ln Q) Ln Ln pl N N 0 (o 0 o 0 0 0 N T •- CO O O O YY O +' >, C >, C -0 c C C C4+ a) c O a) a) E 70- 70- tufo@ a) aE) a ( E 4) E N C E U U (U ( as U o- E > E > (o O i ' > c > c c O 0 a) O a) c `� +' �_ o U0 U0 ii ,� U) Li 0 UZ U (i) -0 47 = N N0� C J m ••c c -0 ' r Q L 'C "t I W 0 0 U O O to O (co N t I LC ycis �W F- J c C' U -O oQ U o to CC � - - O 3 •N L (o C >• C no CL, c 0� a) � 4-4 a O w w LOU m W a) ( ++ a) as E = me to— MI (n +� w f 7 Uf a) 1 c 0 •V O a) m 7 i, a ' (n i C U o up to 0 +� '� � U) LY 0 < E U) Q � cn L. 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Business Meeting Meeting Date: 10/17/2017 Length (in minutes):Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager,Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: •August 8,2017 •September 12,2017 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments August 8,2017 Minutes September 12,2017 Minutes City of Tigard Tigard City Council Meeting Minutes TIGARD August 8, 2017 10 STUDY SESSION—6:30 p.m. City Council present: Mayor Cook, Council President Snider, Councilor Woodard, Councilor Goodhouse and Councilor Anderson Staff present: City Manager Wine,Assistant City Manager Zimmerman and City Recorder Kruger Council Liaison Reports: Councilor Woodard reported on the Tigard Transportation Advisory Commission (1"1'AC) meeting. Senior Transportation Planner Brown gave a presentation on the 2017 transportation bill the legislature approved. Congestion pricing (tolls) was discussed. The Transit Subcommittee requested youth participation regarding transportation options and mode choice. The TTAC desires to improve their involvement process with the city in prioritizing city gas tax transportation projects and a suggestion on this may be coming up later. City Manager Wine said staff needs to update the transportation project uber list. She said it is timely to get youth involved in the TTAC because Washington County wants to develop priorities for the future and it would be great to have youth involved. City Manager Wine said the Transportation Funding Strategies Team discussed different types of funding and how it may be used. There are two lists of projects. The city is committed to the "qualified list" (projects adopted in the CIP, funded and underway). Prospective or discretionary projects can be debated. Councilor Goodhouse said the Tigard Youth Advisory Council may want to do a fundraising project at the Movies in the Park. Administrative Items: • A petition is circulating from an outside group that is filling up the council email boxes. IT will create a temporary folder to collect them. If you want to be unsubscribed from any junk mail, let staff know. Executive Assistant Bengtson can help with setting up email rules or unsubscribing. • Movies in the Park Council Outreach—7:00 p.m. on August 25. Look for the tent at the park at Metzger School. The city recorders will be there with cookies to hand out. • Any councilors interested in a League of Oregon City Conference tour should let Ms. Bengtson know and she will take care of the sign-ups. Please note that some tours have limited capacity. TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 18 1. BUSINESS MEETING A. At 7:34 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 ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider V C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None. 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) A. Follow-up to Previous Citizen Communication—None. B. Tigard Chamber of Commerce—CEO Mollahan updated council on Chamber activities. She said they are accepting applications for Leadership Tigard which gives participants a way to make an impact and learn more about how your community works and the challenges it may face. The Main Street banner was installed and commemorated and Ms. Mollahan expressed appreciation to the Washington County Visitors Association and numerous businesses and private donors. She said the banner is visible from Highway 99W. The Downtown Tigard Street Fair will be on September 9 followed by the Latino Festival. Vendor registration is open and everyone is invited. B. Citizen Communication—Sign-up Sheet. Ralph Robbins,residing at the Gatehouse Apartments, 8545 SW Pfaffle Street,Tigard Oregon, said he has lived there since 2009 and is 88 years old. He said he is a victim of age discrimination by the community manager of the apartments,Margie Geary, and her husband David Geary,a community maintenance technician. He said Margie Geary is an agent with Princeton Property Management, 7831 SE Lake Road, #200, Portland, OR 97267. (503)746-7296. He said he has been treated with disrespect by the Gearys. Mayor Cook said he will have staff look into what they can do about the situation. City Manager Wine requested that Mr. Robbins leave his information tonight with Assistant City Manager Zimmerman for staff follow-up. 3. CONSENT AGENDA: (Tigard City Council) — A. APPROVE CITY COUNCIL MEETING MINUTES • July 18, 2017 TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 18 B. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AN AMENDED EAST TIGARD SEWER IMPROVEMENT INTERGOVERNMENTAL AGREEMENT C. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A SHARED PERSONNEL INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF LAKE OSWEGO Councilor Goodhouse motioned to approve the Consent Agenda and Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ 4. LOCAL CONTRACT REVIEW BOARD: CONSIDERATION OF CONTRACT AWARD FOR DERRY DELL AT 118TH COURT SLOPE STABILIZATION Senior Management Analyst Barrett and City Engineer Faha gave the staff report. Mr. Barrett said this contract is for construction on the Derry Dell Creek at 118`h Court slope stabilization and stormwater outfall repair. Staff is asking that the contract be awarded to Elting Northwest. Two sections of stream bank will be repaired. The first is located immediately downstream of 118th Court and is an active landslide. The area has experienced two significant slides, one in 2005 and another in 2015. This continued slide and stream bank failure is threatening a private home, sewer infrastructure and a popular walking trail. The second unstable portion is located just upstream of 118th Court where a broken public stormwater outfall is undermining private property and eroding a steep stream bank. This project will repair the broken stormwater pipe and reconfigure the outfall, stabilize the stream bank and eliminate the risk of collapsing a private backyard. Staff issued an invitation to bid and received four bids. Two of the bids came in below the engineer's estimate and were the closest bids he has seen in his tenure at the city. Staff recommends approval of a contract in the amount of$576,335 for the project. Mayor Cook commented that it has been tough to find bidders and it was good that the city was able to receive a bid below the estimate. Councilor Woodard moved to approve the contract award for the contract and Councilor Anderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 18 5. LOCAL CONTRACT REVIEW BOARD: CONSIDERATION OF CONTRACT AWARD FOR DIRKSEN NATURE PARK BOARDWALK AND OVERLOOK IMPROVEMENTS Senior Management Analyst Barrett and Project Manager Peck gave the staff report. This contract is for the installation of the boardwalk and other improvements at Dirksen Nature Park. The purpose of the project is to install a hard surface overlook at the high point in the oak savannah to provide park users with an area to experience and view the newly restored savannah. It will include a concrete walkway with a stone veneer seat,basalt columns and brass replicas of animals embedded into the paving. The second element of the project is installation of an elevated boardwalk within the park's forested wetland and a soft surface walkway. Staff received three proposals, all of which were higher than the engineer's estimate. The boardwalk manufacturer is too busy to schedule an installation so the cost increase is due to needing a third party to install it. Lee Contractors is the lowest responsible bidder,at$138,750. Staff recommends awarding this contract for Lee Contractors. Mayor Cook asked a question about the history of the project. Mr. Barrett said originally staff had wanted two boardwalks but it had to be cut to one because of costs. Council President Snider moved and Councilor Woodard seconded the motion to approve the contract award. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ 5. LEGISLATIVE PUBLIC HEARING: CONSIDER ADOPTING A TRANSIENT LODGING TAX A. Mayor Cook opened the Public Hearing. B. Mayor Cook gave the hearing procedures and said that anyone may offer testimony. C. Finance and Information Services Director LaFrance gave the staff report. He said discussions on this started back in spring 2016 when Council was searching for potential funding sources for the Tigard Downtown Association (IDA). The conversation continued last November and on July 18,2017 Council asked staff to come forward and bring legislation for a 2.5 percent Transient Lodging Tax (TLT), or what most people refer to as a hotel/motel tax. He said there is currently a 1.8 percent state tax and a 9 percent Washington County tax. Tigard is proposing a 2.5 percent lodging tax. This would put Tigard at a competitive rate compared to neighboring jurisdictions. There is a comparison chart in the agenda packet for this meeting. Mr. LaFrance noted that at least 70 percent of the TLT revenue is required to be spent on tourism-related purposes. A special revenue fund would be set up to track this. Up to 30 TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 18 percent of the TLT can be spent for general government purposes because it is recognized that increased tourism puts a burden on local jurisdictions. Mr. LaFrance said he and Mayor Cook met with Scott Youngblood of the Embassy Suites near Washington Square,which is the largest hotel in Tigard. Staff conducted outreach to the hospitality industry including a June 28,2017 open house which all hotel/motel businesses in Tigard were invited to attend and none chose to come. Following that, staff sent an emailed invitation for feedback on the proposal and some ways Tigard might spend the revenues. The Tigard Chamber of Commerce reached out to their membership and received one comment;it was from a hotel that is a Chamber member but located in King City. In the last few days the city received a letter from the Oregon Restaurant and Lodging Association. Primarily, ORLA is requesting that the vote be delayed. They are citing the lack of response in the city's attempts to engage the hotel community and they also point out that Beaverton just experienced a ten-percent decline in hotel revenues. Finance and Information Services Director LaFrance contacted Beaverton and Washington County, including the Washington County Visitors Association and was able to learn that this appears to be true in terms of occupancy of rooms. Beaverton however, says their decline was 3.3 percent. Some factors that might lead to the decline in occupancies in Beaverton were that a few hotels have been added in Hillsboro which add to the total number of rooms available in Washington County. Air BnB's play a larger role in the industry, offering another lodging choice.According to WCVA information there is an industry-wide decline in occupancy of hotel rooms this year. All of those could be factors,including Beaverton's new TLT. Staff has looked into the letter and attempted to find out what could be causing those impacts. Council President Snider commented that he had the same question about the ten percent decrease in Beaverton. He felt the information was incomplete without looking at the number of rooms available in the area. He appreciated the depth of staff research and that his question was answered by Mr. LaFrance before he asked it. Mayor Cook commented that more than a couple of hotels opened recently in Hillsboro so the number Mr. LaFrance was given might be a little low. D. Public Testimony-Mayor Cook called upon those who signed up in favor to testify. Steve DeAngelo, 13215 SW 124th Avenue,Tigard, OR 97224, asked council to consider adoption of the proposed TLT. He said staff did a great job reaching out to the community and strategized to keep the tax a little lower than neighboring jurisdictions. He said that as a professional caterer and event planner, anything that drives opportunities for his business is important. He said bringing more tourists to downtown Tigard is good for downtown businesses, and he is the president of the Tigard Downtown Affiance. He asked council to approve the TLT as presented. Debi Mollahan,Tigard Chamber of Commerce CEO, 12345 SW Main Street,Tigard, OR 97223, said she was present to speak in support of the TLT. She said it is a way for the city to improve and build tourism-centric amenities and help stimulate the local economy. Local hotels benefit and this will trickle down to the the rest of the businesses. She likes the rate because it puts our Tigard hotels at a competitive advantage with other Washington TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 18 County,Beaverton and Hillsboro hotels. She noted that the Embassy Suites in Tigard is the largest hotel by far,in Washington County so keeping them at a competitive advantage is great. She said they gave staff feedback on tourism-centric amenities and she likes the list that was prepared. Ms. Mollahan added that the Chamber also wears a tourism promotion hat and from that perspective are very interested in this proposal. Staff did their due diligence and reached out to the hotel community. She has heard that this non-response has been a trend in other locales considering a TLT. She supported council approval of the TLT and asked that the rate be kept competitive to help local hotels keep their competitive edge. E. Public Testimony: Mayor Cook called upon those who signed up in opposition to testify. Greg Astley, Director of Government Affairs, Oregon Restaurant and Lodging Association, 8565 SW Salish Lane,Wilsonville, OR, said they sent in written testimony. He said ORLA tried to reach out to the lodging community and it is their high season so they are busy keeping tourists happy and making sure they have a nice place to stay. He said he hoped that Tigard would take the time to get a little more input. He said the outreach done so far was appreciated and he applauded the efforts by the city to do that because there have been other instances (Beaverton is one) where that was not done. Despite protests from the lodging community decided to forge ahead with a four percent tax. He said in those cases the city is not listening to the folks that are actually collecting the tax and talking to the people who are paying that tax. He said while some guests will not look at a room tax rate when making their decisions, those booking larger room blocks will. It makes a big difference to Little League teams travelling all across the state with 15 kids and their families. Mr.Astley asked that if the council goes ahead with the TLT that they make sure that there is accountability for anything the money is being used for and that it is proven to put heads in beds. F. Response to testimony by staff: Finance and Information Services Director LaFrance said he had no response. He thanked everyone who presented testimony on both sides of the issue. G. Mayor Cook closed the public hearing. H. Council Discussion and Consideration: Ordinance No. 17-18 Councilor Woodard said he looked at the competitive structure and Tigard is still very competitive. If he was ordering a big block of rooms,he would consider Tigard. He was unsure how much could be learned about investigating the ten percent loss in Beaverton and thinks what staff has proposed is a good rate. Councilor Goodhouse agreed that the city did a lot of research. He commented that he is a member of both the Tigard and Tualatin Chambers of Commerce and they act as visitor associations, doing a lot of tourism work. He suggested putting some revenue towards these "visitor centers" so they can do more work to get the word out on what there is to see or do in Tigard. He noted the importance of messaging so that hotel guests know what could be done in Tigard and not pass it up, and messaging takes a little bit of extra money. TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 18 Council President Snider asked how long the city has been seeking outreach. He asked how many times and ways have been tried. Mayor Cook said it started in September 2016 and that makes it close to one year. Washington County Visitors'Association has been at the table at two of those meetings and they have helped spread the word. He said he and City Manager Wine met with Mr.Astley before all of this started and agreed to do the outreach. He said he was disappointed that people did not come forward but that has been the experience of other cities that also did outreach. Council President Snider said he did not think there would be new information with more outreach. He added that people often complain about how long it takes government to act on anything and he wanted to move forward. Councilor Anderson noted that the city deliberately arrived at 2.5 percent with the understanding that this percentage can be assessed later. He recommended going forward. Council President Snider moved to approve Ordinance No. 17-18. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 17-18 —AN ORDINANCE ADDING CHAPTER 3.85 TO THE TIGARD MUNICIPAL CODE TO ESTABLISH A 2.5 PERCENT TAX ON TRANSIENT LODGING IN THE CITY OF TIGARD City Recorder Krager conducted a roll call vote. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider V 7. LEGISLATIVE PUBLIC HEARING—CONSIDER DEVELOPMENT CODE AMENDMENT (DCA2017-00002)ADOPTING TIGARD TRIANGLE LEAN CODE AND RELATED CODE AMENDMENTS A. Mayor Cook opened the Public Hearing. B. Hearing Procedures—Mayor Cook announced that anyone may offer testimony. Oral testimony may be offered only by a person who has been asked to speak by the Mayor. C. Staff Report—Assistant Community Development Director McGuire said staff is very excited to bring this forward as a lot of work has gone into this by staff and consultants. A Lean Code is new and innovative for Tigard. Staff is getting a lot of positive feedback from property owners and businesses in the area. It is a major step towards implementing the Strategic Plan. TIGARD CITY COUNCIL MEETING MINUTES — August 8, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 7 of 18 Senior Planner Shanks gave the staff report,including a PowerPoint on the current Lean Code proposal Phase 1. Phase I repeals and replaces the Tigard Triangle Plan District section of the code (Chapter 18.620),modifies the Commercial Zoning districts (Chapter 18.520) and modifies the Off-street Parking table (Table 18.765.2). The modification to this table is a housekeeping item as it has always been unclear. Council will be considering Phase I tonight. Phase II to the Lean Code Proposal is to create a new Triangle Mixed Use Zone (TMU) and rezones MUE and C-G properties. Phase II will be considered by the council later this year and the effective date of Phase I is contingent upon the adoption of Phase II. Staff will continue to work with ODOT on a traffic analysis. Ms. Shanks compared the current and proposed zoning and building heights and showed a slide of the transportation network. Mayor Cook noted that the lines in the transportation network are shown going through existing buildings but that road will not occur unless the existing owner moves. If the best use of that land is a street it will only happen when development happens on that property. Ms. Shanks said in 2014 the city began discussions on what the vision was for this area. That vision process was completed in 2015. This major code update achieves the goals with a mixed-use rezone, lean and form-based approach, small-scale and incremental strategies and street improvements that prioritize pedestrians. Ms. Shanks said the overarching goal is to transform the Triangle into an active,urban,multimodal, and mixed-use district that prioritizes pedestrians and supports equitable development. She said equitable development is ensuring that plans and aspirations do not leave people behind. It supports those living and working in the area now so they are not priced out by gentrification. The Lean Code expects varied heights located towards the street and wide sidewalks activated with uses (sidewalk cafe). She said businesses can use the public right-of-way. She described smaller structures that are more affordable to build and use for business and residents. The idea is to avoid typical suburban development with large parking lots. The Lean Code process was discussed. Ms. Shanks said it will make it easier to go through the development process. Standards for parking are on one page rather than twenty as in the existing code. Form is emphasized over use. It supports pedestrians, small-scale and incremental strategies. She gave an example of an owner who has a house and wants to open a coffee shop or gathering spot. The existing code requires a lot of parking. The Lean Code proposes no minimum parking requirement. But street parking is required everywhere it will fit. Ms. Shanks said this code will be kind and gentle for existing residential areas. For pre-existing code purposes they can have any addition they want and do not have to come into conformance. Ms. Shanks showed examples of development proposed under the current code and under the Lean Code. There is a pre-existing commercial 35-foot setback. Expansion at the back is allowed. However,if something closer to the street is proposed, then there are standards to meet as it is approaching the public realm. All pre-existing commercial use can remain in perpetuity. TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 8 of 18 Senior Planner Shanks summarized the public comments and noted that council received copies of four recent comments and her response to them. She said Mr. Specht owns an entire block,which is unusual in the Triangle. He has multiple street frontages and is concerned about parking but the proposed code focuses on form,not on use. The Planning Commission reviewed the comments and felt the adjustment process is sufficient to address his concerns. Council President Snider asked Ms. Shanks for her professional opinion. Ms. Shanks said what Mr. Specht is proposing for parking was allowed under the current code but the city's vision and aspirations for the Triangle have changed and this site could be developed differently to clearly meet the new standards. It will need to go through a land use adjustment process which allows an applicant to request an adjustment for almost any standard in the code,but the evaluation criteria for approving the adjustment would be, "if you do that,what are you going to do so the pedestrian realm is not affected?" Assistant Community Development Director McGuire said it is a trade-off and in the adjustment process staff can look at it individually and provide some type of mitigation for the pedestrian experience (in the Specht case) because they would allow the parking to be closer. If we change the standard then we do not get a chance to get that mitigation for the pedestrian. Ms. Shanks added that the 35-foot setback was questioned but staff had worked with the Incremental Development Affiance and 35-feet is the magic number for small,incremental developments to fit in those kinds of spaces over time. Ms. Shanks discussed a concern Mr. Corliss has for the rezone of the Landmark Ford property from General Commercial to the new Triangle Mixed Use. She said Landmark Ford is valued as a business and his use will be allowed to exist in perpetuity and will not be called non- conforming. She noted that they cannot build beyond the site but the use could be intensified by building up or reconfiguring. A lot of car dealerships are going vertical because land is so expensive. She said there was also a concern raised about the dashed line on the drawing but the size of the block would only be reduced at time of redevelopment. Mayor Cook clarified that redevelopment does not mean Mr. Corliss adding a building on his site and keeping the same use. Ms. Shanks said if at some point,perhaps if his inventory doubled or some intense impact, staff would need to look at street dedications to minimize impacts. In response to a question from Council President about options,Ms. Shanks said the site is constrained by no buildings allowed over the future street connection. Ms. Shanks discussed a letter from Mr. Lampus about his properties. He owns five contiguous lots but three to the north have a four-story maximum and two are in the six-story maximum designation. They have done some market analysis and would like to consider combining their adjoining lots but they have different height maximums. She said staff was neutral about his request to make them all six-story. There is no scientific reason for four or six story heights and if Council does not want to honor this request Mr. Lampus could always proceed with the adjustment process. She said having buildings of similar heights on opposite sides of the street is a design principle. Ms. Shanks said Mr. Cassinelli's property is in the four-story maximum height zone. She said staff has done some market analyses and while sometimes five stories could be squeezed out of a property, they have been advised that four-stories is the natural cut-off point. Ms. Shanks said the four-story limit was intentional to keep land values down and expectations lower so that smaller development can get going. TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 18 She said the Planning Commission held a hearing on June 19 public hearing and considered all comments received by then. She noted that Mr. Martin,Mr. Lampus and Mr. Robinson's most recent comments are new and were not considered by the Planning Commission. The Planning Commission instructed staff to make some minor changes after a three-hour hearing and made a unanimous recommendation for Council adoption. The proposal was further modified to correct some omissions. Three Commercial zone standards were not moved into the Lean Code but have been added now. The Planning Commission did not know that but staff wanted to make sure it was right. Council received a memo about this. Staff recommendation is that the code not be changed for Mr. Martin or Mr. Robinson's comments and staff is neutral about Mr. Lampus'request, leaving it up to Council. Ms. Shanks said Council has some decision-making alternatives: adopt with no changes, adopt with minor changes, or continue the public hearing to a date certain to consider public comments or major changes. Councilor Anderson said Mr. Corliss'property looks to him to be commercial, coming right off of the freeway. He asked if it could remain General Commercial. Ms. Shanks replied that the Triangle needs a more cohesive look. Also, the car sales businesses are changing and evolving with the times. Many are going vertical or are keeping inventory at different locations. That business model is evolving and this is an opportunity to look at the Triangle long term and consider it more of a cohesive,unified whole. D. Public Testimony: James Lampus, 4439 SW Eleanor Lane, Portland, OR 97221,referred to his lots on the corner of Dartmouth and 72nd Avenue. He said there is a tremendous slope from Clinton Street down to Dartmouth Street. He has previously looked into dividing the site but the cost of retaining walls and lack of access and egress made it financially unfeasible. He said an advantage to allowing six-story development is that it would be a nice gateway to the Triangle. The natural slope lends itself to street level retail. His previous development proposal,which had been approved,went by the wayside due to the financial downtown,but had three levels (two for retail and one for office space). He asked council to consider the properties one development as carving it up will not be feasible. Council President Snider asked Mr. Lampus if he was talking about the building height maximum and he replied that while they had not done all the computations, they believed they could build 140 units with retail, and meet the parking requirements. Six stories will give them more options. Rachael Duke, Community Partners for Affordable Housing, P. O. Box 23206,Tigard, OR 97281, said she was speaking in support of the Tigard Triangle Lean Code. She read a letter which has been entered into the record. She said CPAH's goal is to provide housing that is excellent,but simple. The Tigard Triangle is the perfect place for multi-family affordable housing which belongs in places where there is access to opportunity,including transit and employment in both small and large businesses, and education. She said a necessary ingredient in any vibrant community is housing for people of all income ranges. She said CPAH is looking forward to building in the Triangle. TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 10 of 18 Michael Robinson, 1120 NW Couch Street,Portland, OR 97209, said he was speaking on behalf of Deacon Development, the owner of the property at the tip of the Triangle. He said staff made a few changes in the code in response to previous comments and this was appreciated. He said they are going through a Type II development process but in looking at the Lean Code they would like to suggest two small changes. One is that there be a "minor change provision" that does not kick someone into a non-conforming modification process. They have an approved plan now and as Ms. Shanks stated earlier they can go ahead and develop it and are not a non-conforming use. But as they develop this property and make small changes that maintain the essential nature of the development, they are concerned that this will trigger a modification process or cause loss of their pre-approval status, either of which might put the project in jeopardy. Notwithstanding everyone's goal for the Triangle,it is not yet at maturity. He suggested that council ask staff to sit down and work with them on some language for this. He said the other change involves saving as many of the white oaks on the property as possible.As they work on the footprint there may be some minor changes to the plan and it would be ironic if saving trees that were not required to be saved would kick them into a modification process. He said he knows a lot of work has gone into this process and as it moves ahead staff may be loath to hold it up for these two changes. He said they support adoption of the Lean Code and hope it is a model for other cities. Councilor Woodard asked what type of modifications they are concerned about with their pre-existing land use approval. Mr. Robinson said it is not necessarily pre-existing land use, it is the fact that they have a development plan approval and under the Lean Code both pre-existing uses and approvals that aren't implemented yet are not subject to the new code. He said he did not know exactly what changes might come up but they want a mechanism to avoid being kicked into a modification process. Jim Corliss,Landmark Ford, 12000 SW 66th Avenue,Tigard, OR 97223, said most of his comments have been put into a letter to the Planning Commission and City Council but he did want to make a few comments after listening tonight. He said he participated in some community meetings and Triangle visioning sessions early on but never heard the planners say that part of their vision was not to have an automobile dealership in the middle of the Triangle, or he would have commented sooner. He said it is a natural commercial location and has been there for 50 years. He disagreed with Senior Planner Shanks' comment that the business is changing and we will be out of the automobile business in the future. He said his dealership has gone through changes from being a very small business to being one of the largest in the United States and is not done growing. He said if he adds another franchise he would need a sizable building but cannot do this on his lot under the Lean Code. The next time the Selectron building comes up for sale he intends to buy it. He noted that they own the forest land and commented that he had no plans to take down the trees. He acknowledged that Phase I is the Lean Code and Phase II is the zoning changes and they are being considered separately but to him they are together. He disagrees with a lot of the language in the code that will apply to his property once those zoning changes are adopted. He said larger businesses are necessary for employment. There needs to be a mix. He suggested getting rid of a car business because things are changing makes no sense and they might as well get rid of Costco because Amazon will be taking it over. Many things can change in the future. Getting rid of a car business—an anchor tenant—instead of the large retail businesses does not make sense. TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 11 of 18 Council President Snider thanked him for coming and said he has been considering his correspondence. He said in one hundred years that lot will not be configured the way it is now. He asked Mr. Corliss if,given what the city is trying to achieve, he would support the Lean Code generally applying to the property when it was sold. Mr. Corliss said at some point in time he might sell the business but would not sell the property. He does not anticipate selling it as it is in a family trust. He said he still felt it is a commercial location because it is on I-5 and not a pedestrian-friendly situation. ID Daniel Heffernan, 2525 NE Halsey Street, Portland, OR, 97232, said he was here representing Specht Development and asked that the city council add language that was in the letter sent July 25 to the Lean Code. This change would add flexibility for property owners whose land fronts two or more streets. He stated that their proposal is very different from what the Planning Commission heard. What they heard from them was ten feet. This would not alter the 35-foot setback requirement for most properties in the district. It would only apply to a property that fronts two or more streets. He explained that the Lean Code presents a challenge to developing such properties and might discourage building because the setback changes what the development could look like in ways that could be a disadvantage to the city. He noted that the staff report said there was no need for their recommendation because the applicant could always use the modification process to obtain relief from any part of the code. He said, "This is antithetical to the entire process we've been going through for three years which has been to provide certainty and remove red tape and accelerate the development review process." He said a Type II application is still is a secondary process that adds time, cost and uncertainty. Mr. Heffernan said whether there is a deep 35-foot landscaped setback or a 35-foot parking lot, the land underneath is valuable and you are limited to what can happen on the front lot.A site with two street frontages is further constrained. He suggested that Council adopt language staff prepared prior to the Planning Commission meeting that amends 18.620.70D, adding flexibility for properties bordering more than one street. It would only apply to only those properties. Having this flexibility lets the property owners make better use of development opportunities in today's market while not messing things up for them in the future. He said that staff prepared this amendment and they would like to see it re-inserted. Lloyd Hill,Hill Architects, 1750 SW Blankenship Road, Suite 400,West Linn, OR 97068, said he is the architect for Mr. Cassinelli's project and also for the Hampton Suites project on 69`h Avenue and Clinton Street which is hopefully getting land use approval this week. He referred to Mr. Cassinelli's project they've been working on under the current code,which has been challenging. They are close to being complete and may have to submit under the current code. The building is designed to comply with current 45-foot height limits because the property is on the uphill side of 72nd Avenue. They evaluated several different alternatives but found that building a four-story,wood frame over a concrete slab with parking below generated optimal returns. He is concerned that if the new zoning goes into place there should be an adjustment process that might allow them to get approval for a five-story even though the area is zoned for four-story. He said there may be other developers running into the same situation where they need the extra story. He said there was other testimony from a developer who had a property split between four and six story zoning. He noted that the west side of 72nd Avenue TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 18 was proposed to be six stories and the city said they wanted similar projects on each side of the street. He recommended making the east side of 72nd all six-stories. E. Response to testimony by staff Senior Planner Shanks referred to Mr. Hill and Mr. Heffernan and said she appreciated how challenging it is to keep a foot in both places and it is hard to write a code that bridges the old code and a new one. She asked Council if they really want to change a code for certain owners. She said even though staff prepared the language Mr. Heffernan referred to, they would really rather use the adjustment process because this is what it is for. The Planning Commission wants to see how this process works. If it does not,we can change it. The adjustment process elevates the code's goal of creating a place that is walkable. It is very straightforward and focuses on one thing. She referred to the comment from Michael Robinson expressing concern about coming back and wanting to preserve a tree and triggering a formal modification process, she did not think there is additional language needed. She said, "Not doing something you were never required to do does not trigger a land use process." She said that Mr. Corliss' concerns and requested modifications are problematic and the Planning Commission accepted staff's feeling that the code language is sufficient. Ms. Shanks reiterated that Mr. Corliss' business,with current surrounding zoning cannot expand into the existing MUE today. He could not even without these changes. But she said the proposed Lean Code will allow him to continue to operate and intensify his business on his existing site in perpetuity. Assistant Community Development Director McGuire commented that the zone change gives Tigard the opportunity to achieve the vision at some point. He said staff tried very hard to make it as easy as possible to continue existing businesses so we don't put that pressure on them and even allow some expansion. He said, "But remember, the vision that the community and all of the work that went into this was for a more urban style,pedestrian-oriented development. That particular property may be an obvious commercial property right now but it does not fit the vision in the future. It is right in the center of an area where we are trying to create a denser,urban area. We do not want to push anyone out,but we want to create that opportunity for it to naturally develop over time to meet the vision. Senior Planner Shanks showed the transportation network map which clearly shows the commercial development but what is not apparent is a pedestrian bridge that goes over to Kruse Way and connects to a path at the southern Triangle edge. Having some bike facilities on 66`"Avenue was discussed and this might even be a cycle track because it only has development on one side because of the freeway. The path connection at the freeway could be a very viable pedestrian/bike connection even though it is right up against the freeway. Councilor Anderson asked if there was a charge for a Type II adjustment process and could there be a discount for folks already in process with the current code. Mayor Cook said TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 13 of 18 Council could grant that. Assistant Community Development Director McGuire suggested making a Tigard Triangle adjustment fee of$200 which would be "lean." Councilor Woodard asked if the adjustment is defined and was it a fair process. Senior Planner Shanks said it follows the Type II process and is a staff level decision. There is a public notice requirement and staff takes care of that. In terms of the adjustment itself there are two criteria that have to be met: 1)the proposed adjustment has public benefits and is generally consistent with the applicable stated purposes of the related chapter and 2) the proposed adjustment includes enhancements to the pedestrian environment along the proposed development street frontage including but not limited to plaza development, district tree preservation,pedestrian amenities in the public right of way or pedestrian oriented building facade design elements. Councilor Woodard said wanted this read on television so people would be aware. He asked how the appeal process would work. Ms. Shanks said it would be heard by the hearings officer. Mayor Cook asked if Type II is a director-level decision and Ms. Shanks said it is. Council President Snider asked staff for any objections to six stories on east side of 72°d Avenue. Ms. Shanks said Mr. Cassinelli's site is in the middle of the block and would take a chunk of four-story land away. Council President Snider asked if that is a concern and Ms. Shanks replied that after talking with consultants, staff found that four-stories made a lot of sense so smaller development can get started. Assistant Community Development Director McGuire said the market is telling us that there is demand for five or six stories. Mayor Cook said discouraging development of higher densities does not make sense because our intent is to encourage development and make it easier to develop. Council President Snider verified that staff is recommending that the language requested by Mr. Heffernan not be placed in the code. Mr. McGuire said the Planning Commission did not rule on this but were very supportive of letting the adjustment process work. If we lose the adjustment process we lose the option to try and maintain the pedestrian experience by other means. That is given up if we use the compromise language. Councilor Goodhouse said it is ridiculous to disrupt a longtime business. He asked if Mr. Corliss wanted to, could he add buildings if they were not on the dotted line. Mayor Cook said under General-Commercial is there still the 35 foot setback. Ms. Shanks said C-G zone standards are less flexible than the Lean Code and will benefit him as well as others in the property. Council President Snider said there is a big difference between what the staff and Mr. Corliss view as the Lean Code impacts on his property. Councilor Goodhouse asked what might be a hindrance to Mr. Corliss if he added a new dealership and wanted to reconfigure. Ms. Shanks said Mr. Corliss can continue to operate his business on everything on that land except for the one corner lot. He can continue to reconfigure, add buildings, take away buildings, and operate as a dealership under the Lean Code. The future street is a constraint. Councilor Woodard asked about the separate approval process for Phase I and II and Ms. Shanks said approving Phase I will give certainty to the development community although it TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 14 of 18 will not go into effect until,or if, the zoning is adopted in Phase II. Councilor Woodard asked if the traffic impact study will change anything in Phase I. Assistant Community Development Director McGuire said what it impacts is that we may have to do a project with ODOT, such as expanding an ODOT facility. Senior Planner Shanks said small changes such as building height would not affect the traffic impact study. F. Mayor Cook closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 17-19 Council President Snider recommended that council move forward will six stories on the east side of 72nd Avenue and the Lampus properties as well. He said Mr. Corliss is an important member and leader of the community and he is getting more of a mixed bag with this. It is impossible to think of every scenario but what we've got is flexible. He said he was supportive of the $200 lean fee as discussed for adjustments and it seems like a reasonable process. Councilor Goodhouse asked about allowing six stories across the board. He said he did not want to change every detail for certain circumstances and said he wanted appeals to come to council. Councilor Anderson commented that is not very lean,which was the whole point. He said staff can make decisions and move on. H added that he did not think there would be that many appeals. Councilor Woodard commented that staff and everyone who worked on this did a great job. He recommended staying with the Planning Commission's recommendation but had concerns with the 35-foot setback. He said he agreed with staff that there is more flexibility with the Lean Code for Landmark Ford than General Commercial. He said he agreed with Council President Snider about allowing six stories on 72nd Avenue and he hoped there was a way to save the oak trees. Councilor Anderson asked about the feasibility of keeping the CG Zoning for Landmark Ford because it felt to him like commercial property. He said in a few years if there is an increase in pedestrians someone could walk over on their lunch hour and look at a car. He suggested the Landmark Ford property be grandfathered in. He said he agreed with the Lean Code with the inclusion of the six stories on 72nd and combining the two lots on the Lampus property. Mayor Cook said he concurs with allowing six stories on 72nd Avenue. He referred to a comment by Mr. Corliss that Phase I and Phase II of the Triangle Lean Code are the same and said he disagrees. He said he is only considering Phase I tonight and has not decided how to vote on Phase II. He said he would like to add wording protecting the Landmark Ford property if it is sold. He said Landmark Ford should be able to do what they want on their property within the code for the foreseeable future but at the same time,he did not want to see a big box store built on it if the property is sold in the future. Council President Snider clarified that the combined lots on the Lampus property would be covered by adding six-stories to 72nd Avenue. Mayor Cook said they were and Council President Snider moved to approve Ordinance No. 17-19 with a modification to allow six TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 15 of 18 stories to be built on the entire east side of 72nd Avenue. Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 17-19—AN ORDINANCE ADOPTING AMENDMENTS TO TIGARD MUNICIPAL CODE TITLE 18 CHAPTER 18.620 (TIGARD TRIANGLE PLAN DISTRICT), CHAPTER 18.520 (COMMERCIAL ZONING DISTRICTS AND CHAPTER 18.765), (OFF-STREET PARKING AND N LOADING REQUIREMENTS) TO IMPLEMENT THE LAND USE AND DEVELOPMENT VISION FOR THE TIGARD TRIANGLE,A REGIONAL TOWN CENTER, AS DESCRIBED IN THE COMPREHENSIVE PLAN, TIGARD 'TRIANGLE STRATEGIC PLAN,AND TIGARD TRIANGLE URBAN RENEWAL PLAN AND IN FURTHERANCE OF TIGARD'S WALKABILITY GOALS. (Land Use File: DCA2017-00002), as amended to allow six stories to be permitted on the entire east side of 72nd Avenue. City Recorder Krager conducted a roll-call vote. Mayor Cook announced that Ordinance No. 17-19 as amended passed unanimously. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ 8. CONSIDER RESOLUTION 'TERMINATING ANNEXATION INCENTIVES Assistant Community Development Director McGuire said since 2007 staff has annually brought resolutions forward for Council consideration of annexation incentives. After a review of success, or lack thereof, of the incentive program, and the specific goals related to annexation in the Council Goals,which provide direction, staff is suggesting that Council consider terminating the yearly incentive review process. Mayor Cook said it made sense but he had a concern that people who want to consider annexing into the city may think any incentives are off the table. He said Council's Goal was not only to annex islands but to continue discussion with other areas that might want to come in. Council President Snider agreed that annexation incentives should be considered as properties come forward but noted that this has been in place for a long time and has not been effective. Councilor Woodard suggested terminating the annual review but bringing back to the agenda a discussion on what incentives should be considered. Mr. McGuire said the island annexations had many individual agreements regarding desired incentives that could not have been determined in advance because they are unique to each property. TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 16 of 18 City Manager Wine read from the Council Goals,`Beginning in July 2018, develop a work plan for future annexations of the urban growth boundary. Include dates and deadlines for needed studies and outreach,identify logical phasing options and present a work plan to council by the end of 2018." Councilor Goodhouse said the best way to find out is to speak to people and find out,going from house to house,what would encourage them to annex and then craft the incentives. Councilor Goodhouse motioned to approve Resolution No. 17-37. Council President Snider seconded the motion. City Recorder Krager read the number and title of the Resolution. Mayor Cook conducted a vote and announced that Resolution No. 17-37 passed unanimously. Resolution No. 17-37— A RESOLUTION REPEALING RESOLUTION 07- 13 TO TERMINA 1'h THE INCENTIVES FOR VOLUNTARY ANNEXATION OF UNINCORPORATED LANDS TO THE MUNICIPAL CITY LIMITS Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook V Councilor Goodhouse ✓ Council President Snider V 9. EXECUTIVE SESSION None. 10. NON AGENDA ITEMS None. 11. ADJOURNMENT At 10:27 p.m. Councilor Anderson moved for adjournment and Councilor Goodhouse seconded the motion. Mayor Cook announced that the motion passed unanimously. Yes No Councilor Woodard ✓ Councilor Anderson V Mayor Cook V Councilor Goodhouse ✓ Council President Snider V TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 17 of 18 Carol A. Krager, City Recorder Attest: John L. Cook, Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —August 8, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 18 of 18 Iii II City of Tigard II • = Tigard City Council Workshop Meeting Minutes TIGARD September 12, 2017 n ia 1. WORKSHOP MEETING- 6:30 PM A. At 6:32 p.m. Mayor Cook called the City Council workshop meeting to order. B. City Recorder Krager called the roll. Present Absent Mayor Cook ✓ Councilor Anderson ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ C. Mayor Cook asked those in attendance to stand with him for the Pledge of Allegiance. D. Mayor Cook asked Council and Staff for any Non Agenda Items. There were none. 2. RECEIVE PRESENTATION FROM WASHINGTON COUNTY THRIVES Vision Action Network Executive Director Glenn Montgomery, Sheila Greenlaw-Fink from Community Housing Fund and Rachael Duke from Community Partners for Affordable Housing were present to talk about a coalition called Washington County Thrives. Mr. Montgomery presented a PowerPoint which is in the packet for this meeting.Thrives is comprised of three dozen organizations with one purpose: to strengthen Washington County communities. Their agenda is that all residents prosper when each has the chance to succeed and contribute to the vitality of our community. Essentials for this are a home,a career-track job path and an early learning environment for children. Mr. Montgomery said the problem is that many in Washington County do not have these resources. Over 60,000 people are living at or below the federal poverty level. Over 26,000 people work full time but earn less than$25,000 annually. Tigard's poverty rate is 12 percent.The average wage of just under$20 is not enough to afford a two-bedroom apartment. Mr. Montgomery said investments in essential resources benefit everyone in Washington County. Thrives capitalizes on good work and regional solutions.Affordable housing helps children do better in school and stimulates the economy. Early learning has the greatest return on investment. Thrives wants to increase the ROI by building on what works. They are leveraging existing programs,raising the awareness of community leaders,engaging counties,cities and businesses and identifying new resources. TIGARD CITY COUNCIL MINUTES - SEPTEMBER 12, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 � www.tigard-or.gov Page 1 of 7 Mr. Montgomery said Tigard was a leader in providing property tax exemptions. The city has attracted Community Development Block Grants and partnered with CPAH and the Good Neighbor Center by streamlining development review and parking requirements. They would like to align their priorities with the City of Tigard's and identify short-term projects, share resources and spread the word to constituents. Mayor Cook noted that because Thrives brings together various organizations,which would otherwise be siloed,it prevents redundancy in asking for the same money. There is a sharper focus with the Thrives coalition than 26 separate agencies and groups. Councilor Goodhouse asked how Tigard compared to other nearby cities and Mr. Montgomery said Tigard is doing better than Beaverton but there are more homeless children here than the average for Washington County. The overall poverty rate is lower. Councilor Woodard noted that he and his wife have provided support group activities for kids with a lack of programs and learning opportunities over the years. He said he would like to focus on children in their earlier years. Mr. Montgomery said awareness that we are interdependent is important. The conversation needs to have less talk about costs and more about investments. Council President Snider asked if they had a specific request for legislature in Salem. Mr.Montgomery suggested if Tigard has staff focusing on issue such as affordable housing,that they hold town halls and elevate the conversation, acknowledge challenges and ask legislators to help these constituents. Council President Snider asked staff to add this topic on the next goal setting session, find out what is being asked and focus the resources. Mayor Cook asked Mr. Montgomery that as they tell cities what they can do and learn what others are doing to come back and share that with council. 3. RECEIVE UPDA 1'E ON WILLAME IT E GOVERNANCE GROUP la Utility Manager Goodrich and DK and Associates Consultant Koellermeier presented this agenda item. Mr. Goodrich said the City of Tigard has been working cooperatively with the Tualatin Valley Water District,Hillsboro,Beaverton,Sherwood and Wilsonville to put together a regional water supply program using the Willamette River. Currently the cities of Sherwood and Wilsonville use the Willamette for drinking water through the Wilsonville treatment plant. Staff has been involved to ensure Tigard's interests are preserved. Mr. Goodrich said the Governance Group organized to look at a big picture regional water supply line within Washington County. Over the course of a few years that objective has been shrinking and now is focused on the WIF,or Willamette Intake Facility. The intake facility is a key component for Tigard in the future.The Willamette River is the last straw for water availability for Washington County for the next 20-30 years. Utility Manager Goodrich said he and Mr. Koellermeier have been working to make sure Tigard's interests are preserved both with the Willamette Governance Group and the Willamette River Water Coalition. The WIF is an existing facility that was built to 70 million gallons a day (mgd) but was designed and constructed to be expanded to 130 mgd. Recently TVWD,Tigard,Beaverton,Hillsboro and Wilsonville were involved in a water master plan for the plant. One task involved looking at the intake facility and what the expansion capacity could be and the engineers feel it could supply 150 TIGARD CITY COUNCIL MINUTES — SEPTEMBER 12, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 2 of 7 mgd. Based on this,TVWD has excess capacity that Tigard may be interested in. Last November Council gave staff direction to pursue this extra capacity. Tigard had the availability of 12.7 mgd but that number was based on 140 mgd. Further study showed 150 mgd could be reached so Tigard could go to 15 mgd. In November,2016 the estimate for Tigard's share was $9.7 million;the current estimate based on the engineer's work is down to $3-3.5 million. Agreements are being prepared and will come to council for consideration at a future meeting. The Willamette Governance Group agreement will cover how to manage and operate the WIF. Consultant Koellermeier said Council gave marching orders to secure access and spend as little as possible and staff has accomplished this. What will come to council is a traditional intergovernmental agreement that explains that Tigard will have a seat on the board. There will be a managing agency because work will be coupled with a new treatment plant. There will be committees at the staff and city manager levels,much like the Joint Water Consortium. He said it has been a challenge to work with seven agencies but the IGA is almost in final form.A separate purchase and sale agreement for the real estate and facility Tigard is buying into will come forward by the end of the year. Mayor Cook said he was pleased to see on the website that Tigard is a named partner. When reading about it in the paper,it is referred to as the Hillsboro pipeline or Tualatin Valley Water District's Water Facility. He added that the numbers are more exact now and clarified with Consultant Koellermeier that Tigard does has 25 mgd rights. Mr. Koellermeier said all that is being offered for purchase is 15 mgd. If Tigard does not execute the agreement, someone else will purchase them. He said Tigard will still maintain the other 10 mgd water rights until the year 2040 when they must be renewed. Councilor Woodard asked what changed about the design to get it up to 150 mgd. Consultant Koellermeier said the level of mechanical detail in the late 1990s meant they knew the caisson was oversized but they had not taken their engineering to the level of fluid dynamics.A physical model of the piping system was built by Northwest Hydraulic Consultants and tested. Utility Manager Goodrich traveled to Washington to see the model and verified that this was done. Council President Snider asked for clarification on what the $3 million includes. Consultant Koellermeier said it keeps Tigard in the game;we are not participating in the treatment plant or delivery system but in the future will tap into our investment to lease surplus treatment plant and pipeline capacity to deliver water. This allows Tigard to avoid a large capital investment. Mayor Cook said Tigard will be a 10 percent owner. Mayor Cook said Tigard still has a charter amendment that disallows the use of Willamette River water without a vote. Mr. Koellermeier commented that none of the other members have that constraint. He said Tigard was the first to disallow the use of Willamette River water for drinking but had good reasons at the time. 4. DISCUSS SOCIAL SERVICE AND COMMUNITY GRANT PROCESS Finance and Information Services Director LaFrance gave the staff report on this item. He said Confidential Executive Assistant Lutz is a key part of this process but unfortunately unable to attend. He noted that former city councilor Marland Henderson was in the audience. EaMr. La France said that during the last budget process council had questions on the social service and community grant process. Staff would like direction from council on funding amounts, TIGARD CITY COUNCIL MINUTES- SEPTEMBER 12, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov Page 3 of 7 process and establishment of a procedure for the new grant in honor of Marland Henderson,to be funded by 20 percent of the city's marijuana tax revenue. Mr. LaFrance said the amount to be awarded annually to social services and community events equals one-half of one percent of the operating budget. This amount is currently around$300,000 and the application ratio is 70 percent social services requests and 30 percent community events. Applications will be sought starting in November. In January they will be assembled for a subcommittee of the Budget Committee comprised of two Budget Committee citizen members and one councilor to hear social service presentations.The community event applications are organized and sent to council as part of a study session,who basing the decision on information in the applications and criteria,makes recommendations.The recommendations of the two subcommittees are given to the Budget Committee as part of the city budget process. The Councilor Henderson grant program will be funded by 20 percent of the city's three-percent marijuana tax revenue and will go towards substance abuse and mental health services. Councilor Henderson or a family representative will be a part of the award process but no other guidance was given. Staff would like some guidance from council regarding the selection process. Mayor Cook asked about a previous $10,000 housing grant program mentioned by the Thrives representative and Mr. LaFrance said it was supposed to be an application for individuals to seek help with housing but applications were not being received. Mayor Cook asked if one-half of one percent of the operating budget is the right number and said he was not a fan of simply dividing it by the number of applications submitted. His concern was that the numbers can be "gamed." If an event group has a very large ask one year,it could change the proportion of events to social services grants being awarded. He suggested deciding the proportion,whether it be 70/30 or 60/40 before reviewing the applications. He said the new TLT will play into this and when it was first brought up to the Budget Committee in 2015, the city was looking for funding for the Tigard Downtown Alliance (IDA) for Main Street activities. He said using the TLT for community grants such as the Tigard Festival of Balloons frees up money in the general fund. The city is required to use at least 70 percent of the TLT towards tourist-related activities. Some could be used to fund TDA and the rest could go towards events that attract visitors. By using TLT for some of the larger community events,more money is freed up for social services grants. Mayor Cook suggested that if Tigard does not go out for a levy or if one is turned down, the city may need this $300,000 for police or library. He said it would be a difficult choice,but if it came to hiring a police officer and keeping the parks or library open the city may have to stop giving away money for social services and events. He added that he does not want to consider raising the percentage given away at this time because the city may potentially be asking people for money in a levy. Mayor Cook asked for clarification on the Marland Henderson grant. Can people apply for it and a social services grant?Or if they get one are they ineligible for the other? He suggested that doing those interviews at the same time as the social service grants would be better for staff. Finance and Information Services Director LaFrance said the recommendation from staff is to have some form of collaboration between social services and the Marland Henderson grant. He said about one to three organizations are likely to apply for this new funding source. TIGARD CITY COUNCIL MINUTES - SEPTEMBER 12, 2017 City of Tigard I13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 4 of 7 1 Councilor Woodard asked about looking at the 30 percent available from the TLT to boost the Marland Henderson grant beginning fund. He agreed with funding some events with the 70 percent. He suggested reexamining the resolutions related to community event funding to see if they are still pertinent. In response to a question from Council President Snider regarding events listed in the agenda item summary for the Henderson grant,City Manager Wine clarified that wording about community events was mistakenly copied into information about the Henderson grant but does not apply. He said if funding is increased he is only comfortable if it addresses housing or affordable housing or wording to that effect. He said this recognizes a change in community needs. He agreed with Mayor Cook about the allocation and recommends setting priorities first and then allocating money based on priorities. He added that it also did not make sense to him to lock funding social services grants with community event grants as one is deciding how much to give to transitional housing and the other is about how many fireworks to buy, for example. They are not comparable. He cautioned that reducing the amount available to social service providers if they are also applying for funding from the Henderson grant defeats the purpose. Mayor Cook asked Mr. LaFrance if the first marijuana tax payment was lower because OLCC was being paid back. Mr.LaFrance said that was his understanding so the total amount may be closer to $20,000. Mayor Cook added that this estimate was for one facility and now there is another retail facility opening in Tigard opening. Councilor Goodhouse said he agreed that it is not the time to increase the overall amount for the grant funding. He said spending the TLT revenue should line up with city priorities rather than just doing what was done in the past. He said we want to attract people to the downtown area through a farmers market yet we split up the money and support two markets. He said he did not like the shotgun approach of giving small amounts all over and would rather consolidate towards events that support our priorities. Mayor Cook noted that to some groups,$3,000 is a big deal. Councilor Anderson said he agreed with Council President Snider about housing being a community priority. He said the Homeless Task Force will be approaching the city with an ask and Council will need to be able to respond to that. Mayor Cook asked if the IDA payment flows through Economic Development and Finance and Information Services Director LaFrance said it does. Mayor Cook suggested lowering the one-half of one percent amount by the TDA amount to leave more in the general fund. Mr. LaFrance said staring with$300,000 and taking$170,000 out requires that it be spent things that ORLA would agree attract hotel guests or results in people traveling more than 50 miles to attend. Mayor Cook said he did not mean to remove$170,000 from the$300,000 because part of it is actually funded elsewhere in the general fund. Mr. LaFrance said the 30 percent is intended to be undesignated, general fund revenue. Mayor Cook said the $300,000 would only be lowered by the amount that used to go to community events eligible to be paid for with TLT funds. Mayor Cook said the city will need to report how it funded the Tigard Downtown Alliance or the Balloon Festival. Mr. LaFrance confirmed that what will be removed from the community event funding are the IDA,Balloon Festival,Broadway Rose and Tigard Fourth of July to be funded by a portion of the TLT 30 percent. He asked Council what the portion should be. He said a certain amount of the 30 percent should be reserved for city services. TIGARD CITY COUNCIL MINUTES- SEPTEMBER 12, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov Page 5 of 7 Councilor Woodard asked for an average of what the requests have been for the four organizations removed from community events. Mayor Cook said the TLT will be considered separately. Mr. La France asked about setting priorities for the one half of one percent. He said the mayor's comment about the process being"gamed" was a real concern and has not happened yet but there have been attempts. Council President Snider said applicants are either a social service or an event and it is easy to tell. Mayor Cook agreed but said some applications seem fluid and could be placed in either category. He gave an example of a Relay for Life,which is an event but the proceeds go to a non-profit. Council President Snider noted that by the same token,dentists treating patients for free one day at the high school is a social service,not a community event. Councilor Woodard said another red flag is a grant request for a capital project. Mr. LaFrance said it would be helpful if staff had the authority to let an applicant know if staff thinks they have applied to the wrong category and let them know in time to reapply. Former City Councilor Marland Henderson spoke and said the grant is a great opportunity to do the right thing with marijuana tax receipts. He said he champions mental health,addiction and housing and if he had to choose just one social service it would be mental health. He said he is more concerned about who will apply and making sure the dollars go towards the best use. He commented on the earlier discussion on the two farmers markets and said when he began his involvement with the farmers market in Tigard it was not a popular idea but it has now become vogue and even considered a community event. He said he goes to both markets,enjoys seeing people that live near each other connecting and views them as a community event that goes on for 26 weeks,making them the largest events in Tigard. Finance and Information Services Director LaFrance clarified that staff has enough information for the application process to move forward. The social services grant form will include information about the Henderson grant process and the applicant can check one or both boxes. Mr. LaFrance said items that were not settled tonight include the allocation outside of what comes from the TLT and staff will report to Council when they know what the marijuana tax will be. City Manager Wine reminded Council that when they considered the TLT they looked at a five-year program of potential projects,apart from events,and this might need a separate discussion. Mayor Cook agreed and said the percentage of the amount used for tourism-related investments might increase in certain years depending on how Council wants to invest it that year. He said he would like to bond part of TLT receipts to help fund projects in future years. He would like this to be a future workshop discussion. Council President Snider suggested asking the grant applicants how their events or social services align with our goals and vision,such as a walkable community. Councilor Goodhouse said there might be grants for events that we want to change or extend, such as the downtown street fair and this would change the event allocations. 5. RECEIVE TVFR STATE OF THE DISTRICT REPORT TVF&R Chief Duyck presented a slide show featuring a year-to-date snapshot of Tigard calls for assistance.At two percent, fires are a very small portion of the total calls. EMS personnel were TIGARD CITY COUNCIL MINUTES— SEPTEMBER 12, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov Page 6 of 7 dispatched to 86 percent of calls but were actually only needed at 68 percent. There was a 27 percent increase in call volume from 2012-2016 most likely due to increased population. TVF&R is becoming more resilient by adding a new type of employee—specialized paramedics with some firefighting support skills. Their support is mainly medical but they also have some training enabling them to assist with fighting fires from outside structures. TVF&R is also putting various types of vehicles on the road,including motorcycles that can get personnel to emergencies more quickly than other apparatus. Chief Duyck highlighted the Pulse Point national pilot program. This is a smart phone app that notifies 400 off-duty firefighters of cardiac arrests within one-quarter mile of where they live. Called "Verified Responders," their availability has cut critical minutes off response time and has saved lives. It is planned to include off-duty police officers and medical personnel in the future. Chief Duyck said Newbergsurrounding join area residents will vote in November whether to join the TVF&R permanently.Annexation of Washington County District 2 was finalized in July. On the horizon they are looking at bond refinancing that will save nearly$1 million. He reported that TVF&R has a AAA bond rating. He noted that they moved their headquarters to Tigard but are also bringing their logistics facility and occupational health and wellness facilities to Tigard. He thanked the city for their emergency preparedness efforts and said anytime they can partner and push information to citizens;they want to join Tigard in helping citizens to be prepared. Mayor Cook thanked Chief Duyck for recent facility tours and said while some cities boast about providing all their own fire services,he prefers the TVF&R partnership and the excellent service. 6. NON AGENDA ITEMS None. 7 EXECUTIVE SESSION None scheduled. 8. ADJOURNMENT At 8:28 p.m. Councilor Anderson moved for adjournment. Councilor Goodhouse seconded the motion and it passed unanimously. Yes No Mayor Cook ✓ Councilor Anderson ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Carol A. Krager,City Recorder Attest: John L. Cook,Mayor Date: TIGARD CITY COUNCIL MINUTES - SEPTEMBER 12, 2017 City of Tigard I13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov Page 7 of 7 AIS-3262 4. Business Meeting Meeting Date: 10/17/2017 Length (in minutes):40 Minutes Agenda Title: JOINT MEETING WITH TOWN CENTER ADVISORY COMMISSION Prepared For: Sean Farrelly, Community Development Submitted By: Sean Farrelly, Community Development Item Type: Joint Meeting-Board or Other Juris. Meeting Type: City Center Development Agency Public Hearing: No Publication Date: Information ISSUE Town Center Development Agency Board/ Town Center Advisory Commission Joint Meeting. STAFF RECOMMENDATION / ACTION REQUEST Meet with the Town Center Advisory Commission to discuss their activities and progress on their 2017 Goals. KEY FACTS AND INFORMATION SUMMARY The Town Center Advisory Commission (TCAC) makes recommendations to the Board of the Town Center Development Agency (TCDA) on urban renewal policy,budget and implementation measures. Since the updating of their bylaws in September 2017, the TCAC makes recommendations on urban renewal policy, budget and implementation measures for the Tigard Triangle Urban Renewal area,in addition to the City Center (Downtown) urban renewal area. On February 7th,the TCAC (then known as the CCAC) met with the TCDA (then known as the CCDA) to review their draft goals for 2017. The CCAC adopted the goals at their February 15th meeting. The goals focus on Downtown because the Tigard Triangle plan had not yet been approved by voters. Since the Town Center Advisory Commission will be planning their presentation at their October 11th meeting, the exact content is not available for this AIS. The CCAC will discuss their activities and progress on their 2017 Goals, focusing on the goal to "Develop policy and project recommendations to support the city's Strategic Plan&the City Center Urban Renewal Plan." Discussion of future goals for the Triangle Plan is also a potential discussion topic. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard City Council Goals 2017-19: Goal 3: Make Downtown Tigard a Place People Want To Be. Tigard Comprehensive Plan Special Planning Areas- Downtown: Goal 15.2 Facilitate the development of an urban village. Tigard Strategic Plan Goal 3: Engage the community through dynamic communication. DATES OF PREVIOUS COUNCIL CONSIDERATION February 7,2017 CCAC/ CCDA Joint Meeting Attachments TCAC 2017 Goals Adopted CCAC 2017 Goals GOALS IMPLEMENTATION Support URA Infrastructure& Key Projects: Development Projects o Attwell @Burnham implementation • Monitor,review,and provide input on key o Fanno Creek Remeander projects o Fanno@Main&associated Brownfield work o Parking management(public parking facilities) • Monitor and review Improvement o Public restrooms Programs o Tigard Street Heritage Trail&plaza development o Urban Lofts/Nicoli (transit&housing) Monitor Mid/Long-term projects located o Equitable Housing Grant downtown and/or likely to have impacts o Civic Center Facilities Planning on downtown o Main St/Green St Phase II o Sidewalk Infill (area of interest: Hall Blvd) o SW Corridor o Plaza opportunities Communications&Engagement Liaison Role&Scope • Liaisons o Attend meetings when downtown related agenda items listed o Identify liaisons for TTAC,SW Corridor CAC, PRAB. Appoint main liaison and a second. • Tigard Downtown Alliance Invite TDA to provide regular briefings • Communication appropriate for all Tigard Advocate for a variety of outreach activities and communities formats to promote inclusive communications • Communication with Council/CODA Board Chair/Vice Chair regularly attend Council/CCDA Board meetings [when downtown related agenda items listed] and majority of Commissioners will attend/participate in Joint Meetings with CCDA • Work with Economic Development staff Engage existing Downtown business/property owners and potential developers/new businesses Walking&Parking Focus o Learn about Downtown walking and parking • Develop policy and project o Consider opportunities related to the Tigard recommendations to support the city's Street Heritage Trail Strategic Plan&the City Center Urban o Consider mobility and accessibility concerns Renewal Plan P � . . . . . Nn 4d — R oma . a. O .1 p N CD Pt o n �. d `� o � N rt • o'CD 1714 n 00 o P' a R cA a aCr 1 CD a 2 CA C cn. CD 7i �' E. P a a ) a P C P p� N __ 0 O - • 0 P � . 0 O a CA CD o a It- tz �0zCrc? tri t" D n g y SUPPLEMENTAL PACKET FOR z eV/ 71a0 /7. (DATE OF MEETING) City of Tigard Town Center Advisory Commission (TCAC) Fall Update Prepared by TCAC for joint meeting with Town Center Development Agency (TCDA) October 17, 2017 TCAC Monthly Public Meetings: 6:30-8:30 2nd Wednesday of the month Red Rock Creek Conference Room,Tigard Town Hall 2017 Fall Update 1. Where we've been - Recap& Recent Highlights 2. Where we are now-Walking& Parking ideas, December 2017 -Annual Report 3. Where we are going- Looking ahead at Opportunities and Growth 1. Where We've Been: Recap of recent District Accomplishments&Commission Activities— District Accomplishments— • Tigard Triangle Urban Renewal District passage o Last briefing with single focus on downtown • Lots going on downtown o Super downtown events-summer fun &also more family friendly holiday activities o Improvement program supports private investment in the district; ex.Taphouse &former Bike Shop o Projects include partnerships; ex. Main @ Fanno; Fanno Creek improvements o 5 year priorities for city center investments o Public parking management Commission Activities— • Tracking current projects and provide input on new projects and priorities • Researched Walking & Parking o Methodology o Findings-adopted policies incorporate best practice o Room to grow- recommendations below 2. Where We Are Now:Walking and Parking Ideas (Annual Report and Recommendations- December) • Focus on destinations/functions that bring people downtown o Continue to invest in projects that activate Main St. • Frequent destination &variety of uses • More reasons to go & at different times • More people • Interesting walk environment • Safer place to be • Minor improvements that increase public safety and facilitate access o ex. Lighting on trails &off street parking lots, directional signage, parking lot access redevelopment retrofit-maintenance • Capital Improvements to invest in infrastructure that prioritizes pedestrian safety citywide & increases access to downtown o ex. Hall Blvd sidewalk gap o Citywide issue-funding uncertain SUPPLEMENTAL PACKET FOR i o/! 7 2i7 (DATE OF ME TING) Tigard ' s Outdoor Museum 10/02/2017 Richard Shavey A new entrance to Downtown Tigard, the Heritage Trail, is being developed to form a gateway entrance into Downtown. Nearly a mile long, the trail will run from SW Tiedemann Ave. alongside Tigard St. under 99W to SW Main St. Rotary has offered to partner with the City for the project area around the Chamber Building at Main St. &Tigard St. For the past 8-10 years, the City has been looking for a Downtown activity area to use the Park Bond Funds and this trail looks like a viable candidate. This will be a great versatile plaza area to gather for festival events,meet friends for coffee, eat, shop, and enjoy downtown Tigard. A number of more community friendly events will be held here during the year. This will be a great addition to our City. Citizen input is vitally important to this creative process. The Trail has received grants for$1.3 mil. This money will pay for paved areas, some landscaping, and lights. The drawing shows some of the railroad and interpretive art elements that showcase the lesser known historic stories of the railways and their influence on our regional growth are planned along the trail and at the Plaza. Individuals, professional groups, families, schools, churches, neighborhoods are needed to participate in transforming this new plaza at the Tigard City Center. A Peace Pole and a Street Clock have already been given. All contributions will be noted at the Rotary Plaza. So far Tigard Rotary, Tigard Breakfast Rotary, American Legion, City Center Advisory Commission, Downtown Tigard Alliance, the Chamber of Commerce and many Tigard Residents have participated. All donations made to the Rotary Foundation for the Plaza Project can be tax deductible. For more project information call Tigard Planning, 503 718-2437. 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Business Meeting Meeting Date: 10/17/2017 Length (in minutes):40 Minutes Agenda Title: Quasi Judicial Public Hearing-Remand of Base Camp LLC Land Use Application Submitted By: Tom McGuire,Community Development Item Type: Public Hearing- Quasi Judicial Meeting Type: Council Business Meeting -Main Public Hearing: Yes Publication Date: Information ISSUE Shall City Council review and approve revised findings for the Base Camp LLC land use decision for the proposed Triangle Medical Office Building on SW 72nd near the intersection with Dartmouth,which was recently remanded back to Tigard by the State Land Use Board of Appeals (LUBA). STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that City Council adopt the revised findings for the proposed Triangle Medical Office (Final Order No. 2016-11,PDR2016-00011/SDR2016-00007,LUBA No. 2017-020). The revised findings are provided as Attachment 1. KEY FACTS AND INFORMATION SUMMARY The City approved a concurrent Planned Development Concept Plan and Detailed Development Plan review for an approximately 36,000 square foot medical oncology facility on a 3.76 acre vacant parcel known as tax lot 300.The site is located southwest of SW Dartmouth Street and SW 72nd Avenue. The city's approval was appealed to the Oregon Land Use Board of Appeals. At issue was whether the applicant should be required to provide an extension of SW Elmhurst street over their adjacent property(to the south of the site of the proposed office building). City Council determined in the original decision that the street extension was not required. At the LUBA hearing, the Board of Appeals determined that the city's findings in support of that decision were not adequate and LUBA's decision was to remand the case back to the city. This decision means that the city must prepare additional findings to replace the previous ones,that better support the city's decision to not require the street extension. The specific criteria that were identified by LUBA as not being adequate are Tigard Community Development Code (CDC) sections 18.810.030.H.1 and 18.620.020.Those specific criteria are the only standards under review on remand,and the city's revised findings are limited to those criteria. Approval criteria and findings that were not challenged at LUBA are not addressed as part of this proceeding,and the remaining findings in the city's original approval remain intact. As explained in LUBA's Decision, "nothing in this [LUBA's) opinion is intended to preclude the city from revisiting its express and implied interpretations of CDC 18.810.030.H.1 and CDC 18.620.020 to attempt to more clearly articulate what the city believes those standards require of the proposal,in circumstances presented in this application." Accordingly,all express and implied findings addressing CDC 18.810.030.H.1 and CDC 18.620.020 in the city's original decision are repealed and replaced by the revised findings (Attachment 1). For the reasons explained in the revised findings, the City finds that CDC 18.810.030.H.1 and CDC 18.620.020 do not require a street connection west of SW 72nd Avenue in the vicinity of the proposed project. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION City Council originally approved this land use application after a public hearing on February 7,2017. Attachments Base Camp Revised Findings Vicinity Map TSP Figures 8 Proposed Remand Findings for Triangle Medical Office (Final Order No. 2016-11, PDR2016-00011/SDR2016-00007), LUBA No. 2017-020 The City approved concurrent Planned Development Concept Plan and Detailed Development Plan review for an approximately 36,000 square foot medical oncology facility(the "Project") on a 3.76 acre vacant parcel known as tax lot 300 (the"Property") located southwest of SW Dartmouth Street and SW 72nd Avenue (the "Original Approval"). The Original Approval was appealed to the Oregon Land Use Board of Appeals ("LUBA"). LUBA No. 2017-020. LUBA remanded the Original Approval due to inadequate findings addressing how the proposal complies with the Community Development Code (CDC) 18.810.030.H.1 and CDC 18.620.020 ("LUBA's Decision"). This document presents new findings for the two regulations cited by LUBA, CDC 18.810.030.H.1 and CDC 18.620.020, and clarifies the issues identified by LUBA. The City Council must hold a public hearing to review and approve these findings and re-affirm the decision to approve the application. The city provided a mailed notice of the hearing following the procedures stated in CDC 18.390.050.C.1, for mailed notices. For the reasons explained below,the City finds that CDC 18.810.030.H.1 and CDC 18.620.020 do not require a street connection west of SW 72nd Avenue in the vicinity of the Property. I. Scope of Remand Findings LUBA's decision remanded the City's approval due to inadequate findings addressing how the Project complies with CDC 18.810.030.H.1 and CDC 18.620.020. Those criteria are the only standards under review on remand, and these findings are limited to those criteria. Approval criteria and findings that were not challenged at LUBA, such as CDC 18.810.030.H.2, are not addressed as part of this proceeding, and the findings in the Original Approval remain intact. As explained in LUBA's Decision, "nothing in this opinion is intended to preclude the city from revisiting its express and implied interpretations of CDC 18.810.030.H.1 and CDC 18.620.020 to attempt to more clearly articulate what the city believes those standards require of the proposal, in circumstances presented in this application." Slip opinion, 8. Accordingly, all express and implied findings addressing CDC 18.810.030.H.1 and CDC 18.620.020 in the Original Approval are hereby repealed and replaced by these remand findings. II. Applicable Criteria CDC 18.810.030.H.1 are generally applicable "street alignment and connections" standards, and CDC 18.620.020.A.1 are "street connectivity" standards that apply to the Property because it is within the Tigard Triangle Plan District. The City finds that as applied to this Project, the two standards conflict, so pursuant to CDC 18.620.010.C, only the Tigard Triangle Plan District Standard(CDC 18.620.020.A.1) is applicable to the Project. Both standards establish maximum distances between street connections, with some exceptions. However,the maximum distances differ, so a street connection could comply with the 660 foot 136852358.5 maximum established by CDC 18.620.020.A.1, but exceed the 530 foot maximum established by CDC 18.810.030.H.1. The eastward SW Elmhurst Street connection is 560 feet from the intersection of SW 72nd Avenue and SW Dartmouth, which meets the Tigard Triangle maximum spacing (660 feet) but is in excess of the general spacing standard (530 feet). Because of the directive in 18.620.010.0 that the more specific Tigard Triangle provisions govern when in conflict with the generally applicable provisions in the development code,the applicable spacing standard here is 660 feet. The Tigard Triangle Strategic Plan ("TTSP") is a planning document that outlined potential redevelopment visions for the Tigard Triangle area. It was not adopted as part of the City's comprehensive plan. The conceptual scenarios in the TTSP were intended to guide future legislative actions, such as the recent adoption of the Lean Code (Ordinance No. 17-19). Nothing in the TTSP is binding upon quasi-judicial applications, including the Project. Therefore, any arguments based upon the TTSP are disregarded because they are irrelevant to the determining compliance with the applicable approval criteria. The Transportation System Plan("TSP") has been adopted as part of the City's comprehensive plan. The TSP is intended to guide future transportation projects, and expressly addressed connectivity. For example, the TSP provides: "The TSP ensures the vision for the transportation system meets community needs, communicates the city's aspirations, and conforms to state and regional policies. "The document meets the state requirements for a TSP and acts as a resource for staff, decision makers and the public. It identifies the preferred multi-modal transportation system, consisting of a network of facilities adequate to serve local,regional and state transportation needs. It is the principal document used for identifying the function, capacity and location of future facilities, directing resources to transportation projects, and providing the community with the level of investment that will be needed to support anticipated development within the community. [Section 1.1] * * * "One of the priorities of the 2035 TSP is to identify and preserve potential opportunities for future connectivity improvements in order to protect and maximize the function of the existing transportation network." Section 1.3. The Project application was submitted on August 25, 2016, and was deemed complete within 180 days. Therefore, all references to applicable standards are those that were in effect on August 25, 2016. ORS 227.178(3). III. Clarification of Facts -2 - 136852358.5 SW Dartmouth Street to the north of the Property and SW Hermoso Way to the south of the Property are approximately 930 feet apart on the west side of 72nd Avenue. On the east side of SW 72nd Avenue, an eastward extension of SW Elmhurst is approximately 560 feet south of SW Dartmouth. When the Project was initially considered, significant testimony was offered regarding a potential future extension of SW 74th Avenue and a potential westward extension of SW Elmhurst Street to connect with that extension of SW 74th Avenue. The testimony assumed that SW 74th Avenue would be extended through what is currently developed as a Walmart parking lot, and would connect to Hermosa Way. There are several problems with this assumption. The suggested extensions of SW 74th Avenue or SW Elmhurst Street are not consistent with the TSP. See TSP Figure 5-12. SW 74th Avenue does not currently exist as a north-south street in the vicinity of the Property. There is a short segment of SW 74th Avenue some distance north of the Property, which extends south from SW Pacific Highway and terminates at Regal Cinemas. The TSP does not include a southward extension of SW 74th Avenue as a street. SW Elmhurst Street does not exist west of SW 72nd Avenue. The TSP does not include a westward extension of SW Elmhurst as a street. Walmart was approved in 2009, and constructed thereafter. No public right-of-way,public street connections or public access easements were required as part of the Walmart development. IV. CDC 18.810.030.H.1 CDC 18.810.030.H.1 relates to street alignment and connections, and provides: 1. Full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. A. CDC 18.810.030.H.1 is not applicable to the Project because, as applied, it conflicts with CDC 18.620.020.A.1 As explained in the findings related to the applicable approval criteria, which are incorporated herein, CDC 18.620.010.0 requires that when standards within the Tigard Triangle Plan District, such as CDC 18.620.020.A.1, conflict with another standard in the Code, such as CDC 18.810.030.H.1, then the Tigard Triangle Plan District standard governs. The City finds that the generally applicable "street alignment and connections" standards in CDC 18.810.030.H.1, and specific Tigard Triangle Plan District"street connectivity" standards in CDC 18.620.020.A.1 conflict, so only the latter apply to the Project. Because CDC 18.810.030.H.1 does not apply to the Project, findings of compliance with that standard are not required. - 3 - 136852358.5 B. Alternative Findings— CDC 18.810.030.H.1 does not require a street to connect SW 72nd Avenue on the east with a north-south street on the west. Even if CDC 18.810.030.H.1 and CDC 18.620.020.A.1 were interpreted to not conflict and both are applicable to the Project, CDC 18.810.030.H.1 does not require a street to connect SW 72nd Avenue on the east with a north-south street on the west for two alternative reasons: (1)there is no street west of SW 72nd Avenue to which a full street could be connected; and(2)pre-existing development is a barrier which precludes a street connection. (1) There is no street west of SW 72°d Avenue to which a full street could be connected CDC 18.810.030.H.1 requires "full street connections""between connections,"which the city interprets to mean that there must be two existing streets that can be connected. CDC 18.810.030.11.1 only requires a full street connection if one street can actually be connected with another street. CDC 18.810.030.H.1 does not require a full east-west street connection if there is not a street,public right-of-way or public access easement that can accommodate the street connection. In this case, it is impossible for the Project applicant to dedicate a street right of way and construct a street to connect SW 72nd Avenue on the east with a north-south street on the west because the Property borders a Walmart store parking lot on the west, which is not a street and does not include public right-of-way or a public access easement. For the same reason,tax lots 400, 401 and 402 would not be required to dedicate a full street right of way and construct a street extension west of SW 72nd Avenue at the time those properties develop. Therefore, the Project need not show how a future east-west connection, such as SW Elmhurst, may align, and whether such alignment is required to cross a portion of the Property because it is not possible to provide such a connection at this time. Because CDC 18.810.030.11.1 relates to connectivity "between connections"and the City interprets that to mean existing street connections, the criterion does not require consideration of future street connections. Additionally,the City notes that neither a north-south street west of SW 72nd Street nor an east-west extension of SW Elmhurst is planned in the TSP. TSP Map 5- 12. Therefore, even if it were appropriate to consider future or planned street connections, CDC 18.810.030.H.1 does not require a full east-west street connection extending west from SW 72i1 Avenue because there are no streets planned across or abutting the Property. (2) Pre-existing development is a barrier which precludes street connections As an alternative to the findings in IV.B.(1),the existing Walmart development and home on tax lot 401,neither of which grants the public access rights, are pre-existing developments that preclude a street connection. Whether or not those developments existed prior to May 1, 1995 is immaterial to whether the exception in CDC 18.810.030.H.1 is applicable. The City finds that CDC 18.810.030.H.1 is ambiguous, and bases its conclusion upon two alternative interpretations of CDC 18.810.030.H.1 —(a)the doctrine of last antecedent; and(b) the qualifying date modifies only"lease provisions, easements, covenants or other restrictions," which are legal instruments that can restrict property without government approval. Not only are both of the City's interpretations plausible,the conclusion is the only practical outcome. If an -4 - 136852358.5 approved pre-existing development prevents a full street connection, it does not matter if that development existed prior to May 1, 1995. Regardless of the date constructed, the Walmart is clearly a pre-existing development that is a barrier to street connectivity. If SW Elmhurst were extended west from SW 72" Avenue, regardless of the alignment, that street would not serve to connect two streets because the intervening pre-existing development is a barrier that would "preclude street connections." (a) The doctrine of last antecedent requires that development need not be "existing prior to May 1, 1995" in order to constitute a "barrier" that would "preclude street connections." The City expressly interprets the phrase "existing prior to May 1, 1995" in CDC 18.810.030.H.1 to modify only"other restrictions" and it does not apply to the earlier phrase "pre-existing developments." The City Council acknowledges that in dicta LUBA noted that relying upon the doctrine of last antecedent"seems highly suspect," but LUBA did not decide this issue because the findings in the Original Approval did not include an express finding on the issue. LUBA's dicta is not binding, and these findings are intended to explain the City's interpretation and application of its own code, which is entitled to deference. The City Council's interpretation is plausible because it is consistent with the doctrine of last antecedent, a well-settled rule of statutory construction. PGE v. Bureau of Labor and Industries, 317 Or 606, 859 P2d 1143 (1993) (reviewing body will consider rules of construction in determining legislative intent). This doctrine provides that, absent evidence of other intent, qualifying words apply only to the immediately preceding antecedent. As applied to CDC 18.810.030.11.1, the doctrine of last antecedent requires that the clause "existing prior to May 1, 1995," only applies to the last item in the list of"barriers,"to wit, "other restrictions existing prior to May 1, 1995." As a result,the clause does not apply to earlier items in the list of "barriers," such as "pre-existing developments." Therefore, neither that the Walmart nor tax lot 401 home had to be "existing prior to May 1, 1995" in order to constitute a"barrier"that would "preclude street connections." (b) In the alternative, the qualifying date of"existed prior to May 1, 1995" in CDC 18.810.030.H.1 modifies only "lease provisions, easements,covenants or other restrictions,"which are legal instruments that can restrict property without government approval In the alternative to the interpreting CDC 18.810.030.H.1 based upon the doctrine of last antecedent, the City interprets the exception's prerequisite date (May 1, 1995)to distinguish between barriers that are exclusively within the control of the property owner, and those that are not. The policy and requirement to provide street connections would be thwarted if a property owner could unilaterally, without regulatory approval, and at any time impose a binding restriction that precludes street connectivity. For example, a property owner that desires to avoid the cost and disrupting effect of a full street connection through their property could be motivated to preemptively preclude that street connection by burdening their own property with a restrictive covenant that restricts access. The Code's requirement that a barrier created by legal instrument that can restrict property without government approval, such as "lease provisions, - 5 - 136852358.5 easements, covenants or other restrictions,"must have existed prior to May 1, 1995, avoids this outcome. In contrast,the other bases for the exception are either naturally occurring, such as topography, or become a barrier only upon regulatory approval, including railroads, freeways,pre-existing developments, and regulated water feature restrictions. Because the barriers are subject to regulatory review and approval prior to when they are created, connectivity requirements are considered and applied, so this regulatory oversight need not have occurred prior to May 1, 1995. The existing Walmart development, which was approved and constructed after May 1, 1995, is an example of why the development date is irrelevant. The Walmart development was subject to City regulations related to connectivity, and was allowed without providing a full street connection west of SW 72nd Avenue. The consequence of that approved development and the lack of a north-south street west of SW 72nd Avenue is that the Walmart is a pre-existing development that is a barrier to a street connection west of SW 72nd For these reasons,the City finds that the qualifying date of"existed prior to May 1, 1995" in CDC 18.810.030.H.1 modifies only "lease provisions, easements, covenants or other restrictions." The City's interpretation of its own code is plausible, and is not unique. We note that the City of Lake Oswego has a similar connectivity standard, which provides that an exception to connectivity is, "[w]here requiring streets or accessways would violate provisions of leases, easements, covenants, restrictions or other agreements existing as of May 1, 1995, which preclude required street or accessway connections." Lake Oswego Community Development Code Section 50.06.003.c.vi (5). By comparison, "[t]he presence of freeways, existing development patterns on abutting property which preclude the logical connection of streets or arterial access restrictions" is not qualified by a particular date. Lake Oswego Community Development Code Section 50.06.003.c.vi (3). While Lake Oswego's standards are not identical to CDC 18.810.030.H.1,the City finds that neighboring city's application of a prerequisite date to only legal instruments that can restrict property without government approval and not to existing development is influential in how Tigard's ambiguous connectivity standard should be interpreted. V. CDC 18.620.020 CDC 18.620.020.A.1 includes "street connectivity" standards that apply to the Property because it is within the Tigard Triangle Plan District, and provides: 18.620.020 Street Connectivity Demonstration of standards. All development must demonstrate how one of the following standard options will be met. Variance of these standards may be approved per the requirements of Section 18.370.010 where topography, barriers such as railroads or freeways, or environmental constraints such as major streams and rivers prevent street extensions and connections. A. Design option. - 6 - 136852358.5 1. Local street spacing shall provide public street connections at intervals of no more than 660 feet. A. CDC 18.620.020.A.1 requires public street connections only when one existing street can connect with another street CDC 18.620.020.A.1 requires "public street connections,"which the City interprets to mean that there must be two existing streets that can be connected. This interpretation is consistent with the City's interpretation of CDC 18.010.030.H.1 in Section IV.B(1), which is incorporated herein. Both street connectivity standards require public street connections only when one existing street can connect with another street. CDC 18.620.020.A.1 does not require an east-west public street connection because it is impossible for the applicant to dedicate a street right of way and construct a street to connect SW 72nd Avenue on the east with a north-south street on the west because the Property borders a Walmart store parking lot on the west, not a street. For the same reason, tax lots 400, 401 and 402 would not be required to dedicate a public street right of way and construct a street extension west of SW 72nd Avenue at the time those properties develop. Therefore, the applicant need not show how a future SW Elmhurst extension may align, and whether such alignment is required to cross a portion of the Property. A variance to CDC 18.620.020.A.1 is not required. The City has applied CDC 18.620.020.A.1 to the proposed Project, and finds that because there is no street west of the Property, an east- west public street connection between two streets is not required by the standard. Because CDC 18.620.020.A.1 relates to connectivity of public streets, the City interprets that to mean existing streets, so the criterion does not require consideration of future street connections. Nevertheless, the City notes that neither a north-south street west of SW 72nd Street nor an east- west extension of SW Elmhurst is planned in the TSP. TSP Map 5-12. Therefore, even if it were appropriate to consider future or planned street connections, CDC 18.810.030.H.1 does not require a full east-west street connection extending west from SW 72nd Avenue because there are none planned across or abutting the Property. B. Alternative Findings—the existing eastern extension of SW Elmhurst complies with CDC 18.620.020.A.1's requirement for only "street spacing" and not a "full street" In the alternative, because SW Elmhurst on the east side of SW 72nd Avenue is located 560 feet from SW Dartmouth and 370 feet from SW Hermosa Way, the existing street network complies with CDC 18.620.020 because local streets are spaced at intervals of no more than 660 feet. In contrast to CDC 18.810.030.H.1, CDC 18.620.020 does not require that the street that satisfies spacing standards be a "full street," so the applicable Tigard Triangle Standard does not require a through street that is extended within the subject site. Therefore, CDC 18.620.020.A.1 does not require the existing segment of SW Elmhurst that is east of SW 72nd Avenue to be extended west across SW 72nd Avenue. VI. Nexus and Rough Proportionality - 7 - 136852358.5 A requirement to dedicate right of way and construct street improvements would require the Project applicant to dedicate real property and to spend money to complete street improvements. In this case, a street connection would be to a parking lot that does not have a public access easement, so the street would not provide street connectivity. The traffic impact study in support of the Project analyzes traffic in the surrounding area and the Project's projected traffic impacts. Due to the nature of the Project as a cancer treatment center and medical office building,the Project is projected to have low impacts on the existing transportation system. Findings and conditions in the Original Approval, which were not challenged, concluded that due to the minimal traffic impact of the project, no traffic mitigation measures are required. There is no nexus between the Project's nominal transportation system demands and a street connection across the Property that would not serve a connectivity functional purpose. Moreover,the cost of a full public street is not proportional to the Project's marginal impact on the transportation system. Therefore, as an alternative finding for why CDC 18.810.030 and CDC 18.620.020.A.1 do not require the dedication and construction of an east-west street connection fully or partially across the Property,the City finds that such an exaction is not related or proportional to the impact of the Project, so it cannot be required pursuant to TDC 18.620.010.B, and the US and Oregon Constitutions. Nollan v. California Coastal Commission, 483 US 825, 107 SCt 3141, 97 LEd2d 677 (1987); Dolan v. 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F �T� .,., A a m r QaR 3 o F Q A I. >� tD `_` m g1:11 8 o a a. r v4 3�y�a —g .x2.1.5 , g. v c� n> SUPPLEMENTA PACKET FOR la / 7 avt October 17t`', 2017 (DATE OF MEETING) yen(/4' 771e`Yt City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Attention: Tigard City Council We at Compass Oncology feel it important to reiterate our commitment to opening our comprehensive cancer treatment center in Tigard. Our new facility will bring a significant number of high paying jobs and tax base to the City of Tigard. More importantly, it will bring world class care to those afflicted by cancer. We respectfully encourage the City to adopt the revised findings and take the necessary steps to allow our project to move forward without further delay and expense. Our patients deserve the best care and we intend on providing this care in our new facility without further delay. Sincerely, 4 � Lucy R.Langer, MD MSHS Practice President Medical Oncology& Hematology AGENDA ITEM No. 5 Date: October 17, 2017 PUBLIC HEARING (QUASI-JUDICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before the Tigard City Council on: REMAND OF BASE CAMP LLC LAND USE APPLICATION Due to time Constraints City Council May Impose a Time Limit on Testimony AGENDA ITEM No. 5 Date: October 17, 2017 PLEASE PRINT Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. 06:// //<) (4e( s„, '' I ,04 dw S41/ S . r1,�Su at et Id-a10 ` Gi )t)-(111. ro 9 ?c).— (74i t o Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Due to time Constraints City Council May Impose a Time Limit on Testimony SUPPLEMENTAL PACKET Bateman-,eldel FOR 1'd /7 a 0/2 (DATE OF MEETING) Bill Kabeiseman / billkabehatemanseidel.con: ,4y1/411,//e,,7 www.batemanseidel.com Telephone DID: 503.972.9960 Fax DID: 503.972.9968 VIA HAND-DELIVERY AT CITY COUNCIL MEETING Tigard City Council 13125 SW Hall Blvd. Tigard, OR 97223 Re: Quasi-Judicial Public Hearing - Remand of Base Camp LLC Land Use Application Final Order No. 2016-11, PDR2016- 00011/SDR2016-00007, LUBA No. 2017-020 Dear Mayor Cook and Councilors: This firm represents Gordon R. Martin, Trustee of the Tri-County Center Trust, owner of several properties immediately adjacent to the application site. Please include this response, which consists of this letter as well as its attachments, as part of the record and consider them in your decision. Before turning to the merits of this letter, I want to note that, ideally, we would have this letter in your packets so you have the opportunity to read through it prior to the meeting. However, this matter is on remand from a decision of the Land Use Board of Appeals and my client did not receive any indication about what the City would do on remand until shortly before the deadline for inclusion of written materials into your packets. My client simply did not have sufficient time to review the new documents, formulate a response and submit written comments to make the packet deadline. Accordingly, we had no choice but to submit our response at the hearing. I also want to note the efforts made by the applicant over the summer. We attempted to reach a settlement and appreciate the efforts put forward by the applicant, but we simply were not able to get to a solution that worked for both parties. We are still open to trying to reach such a solution, but we have not been able to find it. Batemarel October 17, 2017 Page 2 When my client first began looking at this application, he had no intention of objecting to the development—he fully expected that this property would be developed. However, he also assumed that the City would follow its code and the recommendation of the planner hired by the City itself. As this Council found in its supplemental findings last time, a street is required immediately to the south of the applicant's property. LUBA has concluded that the code requires a street between 72nd and Hermoso.l Those conclusions are correct because the distance between SW Dartmouth Street and SW Hermoso Way is 930 feet; CDC .18.620.020.A.1 and CDC 18.810.030.H.1 require street connections at no more than 660 and 530 feet respectively. In short, this portion of the City's transportation system does not comply with the City's code and the findings now being proposed by the City staff are still incorrect and will not meet the requirements of LUBA's remand. During the pre-application process in this matter, the urban planner who developed the Tigard Triangle Strategic Plan, Laurence Qamar,2 reviewed the 1 The Supplemental Findings adopted by the City in its initial decision found that "[g]iven the street layout in the Tigard Triangle, the local street spacing standard would require a new public street extension of SW Elmhurst Street west of SW 72nd in the vicinity of the subject site." (Emphasis added.) LUBA's final decision also agrees that the current situation is not consistent with the City's street spacing standards: "[I]t seems to be undisputed that the current street connections with SW 72' Avenue — SW Dartmouth Street to the north of the property and SW Hermoso Way to the south of the property—are over 900 feet apart on the west side of 72nd Avenue. That 900 foot separation between street connections does not comply with the CDC 18.810.030.H.1 requirement that the street connections not be spaced more than 530 feet apart." (Emphasis added.) 2 Laurence Qamar is the Urban Planner hired by the City to work on several major Triangle plans and studies over the past 4 years. His name appears on the cover page of several City documents, including the Tigard Triangle Strategic Plan. Laurence Qamar is undoubtedly one of the most knowledgeable individuals with regards to the potential development of the Triangle. Mr Qamar was asked to Bateman ejdel October 17, 2017 Page 3 proposed development and came up with a simple, straightforward way to meet the code standard and to improve the Triangle's street system by requiring a connection that does not preclude development or have undue impact on the site as generally shown by the following image created by Mr. Qamar: -- 1 arvau ye D. �ti _srun exp,..... ��++ \ 4�„. l;i6 KUM 1 VOW Pr uRlt� �F VI, I-SW*COD! " :- n at"me t‘r ;', _ __.__ ,i_ _ — \ _ - ! _ 63 eb3144 Wag Iltji ii i, nilli til ,rrg (� ' - -il.J fl � } 1r Il1 . ,.�. c - ' -- '' `.f _ 11 111 fi A'CT'S a _ r TAX Pilau Ulti01X00 —. so oft* € SITE PLAN //�� True.r.Pr ...ru.etr.T if 0 Mn er w 1 I I -590' (street length) x -50' (street rise) = 8.47% 411 Ito attend the Base Camp pre-application on behalf of the City and afterwards prepared this sketch and comments and they are part of the record in this matter. Bateman e.del October 17, 2017 Page 4 This sketch shows how a local street can be created in this location with a reasonable grade — it complies with the City code and provides a useful connection through this area that is beneficial to the greater Triangle and will be useful both now and in the future. To be clear, this road connection was not created by my client, but by the planner hired by the City. As discussed in the additional material in the attachments, that planner effectively informed City staff that, if this application isn't conditioned to provide for the street connection or the right-of-way, the opportunity to create and improve east/west Triangle circulation by such a connection will be forever lost and the bottlenecking at Dartmouth and 72nd would only get worse. Nonetheless, after the pre-application meeting, City staff lost sight of the code street spacing standards (as well as other codes provisions that preclude a street running through TL401), eliminated this street route from consideration and has done everything it could to avoid applying those standards or having a road built in this location.3 Your staff's approach makes no sense; although the street connection is not in the City's Transportation System Plan ("TSP"), it did not need to be— it need only be required by code.' Nonetheless, in addition to complying with the code, locating a street as shown by Mr. Qamar approach would also support many other plans made by the City, including the Tigard Triangle Strategic Plan ("TTSP") and the Tigard 3 One issue that has troubled my client was the City's issuance of a grading permit allowing significant changes to the applicant's property before the final project was approved. It seems likely that the issuance of the grading permit, as well as the extensive changes to the property as a result, may have played some role in staff's view of the development— leading staff to consciously or unconsciously downgrade or overlook the validity of any opposition to the development as planned because of hardships that could result to the property owner and how it would appear to the public if the development plan were denied or materially changed. The street spacing standards in your code will require many roads that do not appear in the City's TSP. Batemateidel October 17, 2017 Page 5 Triangle Urban Renewal Plan ("TTURP"). Attached to this letter is the Street Network adopted in the TTSP showing the Elmhurst extension in the same location as the one proposed by Mr. Qamar. In addition, attached to this letter is the list of Transportation Projects adopted in the TTURP, showing at No. 2 the extension of 74th Avenue south from 99W to Hermoso Way or Beveland Road. Your code requires this street extension and it makes sense, both in general planning terms as well in light of the efforts the City is making to improve the Triangle. All my client asks is that the Council apply the City's street spacing standards and require the dedication of right-of-way that will meet the needs of the City—both now and in the future. Such a result is fully consistent with the City's code and makes far more sense than the staff's approach and we simply ask that you follow the plain meaning of the code. Very truly yours, Bill Kabeiseman BK:kms Attachments cc: Dana Krawczuk Client FIGURE 6 r h,a lu..., TigardTTriangle e Preferred Option Street Network and Desi e n Classification s - '� ' 4 I —--— aw aT I' i Ij SIVJARLCE'JT dwSPRiA:FST --r------- Y t "- I I ,* „. r _ _iWS/RUCEdT• ff k II i ,f,% F I' Ill 1� 3 _ ISW TMJR%1Ji - - I \\ sws7Eresr -I -._ .• .._ ‘ 0 /fi II 1 . SW/TAFFIES,'I14-:.... \ `... • ® 1 'S SWA11AMAIT JWILVATTST-- r Ii I 1 \\Isil\ , '''' * - i ' ' ' ' /f411 I ,,,,,,, A i ' . I - I '# . i,irs f t , ,„„„11,, IIIr ri III I! i W' .��.' �� __ _ i._I JWDI,GWDR .....,--e/ 'i D f + Q Y• 4' J -t fW"ErPlaso WA-� _. ! 1 'I I L1, �Y 6 i ---- \ d/ l/ •• , IWIRIKGW.T 1 j I I ,1 41 I / i1 ') `i 'I I I YeawAIAST t i 1 i 1 � Pit Y I+ t f1. 1 I ` � II i awPAueuST / y. - k LEGEND I I ndsting features awvARraIT • 111111111111111 Freeways !� ----.._ wweolutseur Roads and streets` 1I 51 ,I Street Development Hierarchy ' 1 P �� Pedepdm5treet %, '-- i . 1 Access Street `f99T. 4wmar: I ` j% Through Street M 9 i IsvMiooP l A0 300 600 • 1'. i ' H ( l r l r r 'Peat `., '•1VeR£RRyp, t AVSArAia7IRIIT t i\ 'ski 411° Ills�.Itl) Fihiaaee.rT j I », .. x. Dunitorm Dbaat <:::',%;:. _ .�� iWTEericp_rmr on .e:' _.._. I .. _ _. '4:.. .._.__ IV. URBAN RENEWAL PROJECT CATEGORIES As an outcome of the goals described in the previous section, the projects within the Area fall into the following categories: • Transportation(Goal 2) • Public Utilities (Goal 3) • Public Spaces,Facilities, and Installations (Goat 4) • Re/Development Assistance and Partnerships (Goal 5) • Finance Fees and Plan Administration V. URBAN RENEWAL PROJECTS Urban renewal projects authorized by the Plan are described below. A. Transportation The following transportation projects are intended to provide a safe and effective multimodal transportation network in the Area that supports mixed-use and pedestrian-oriented development through improved internal connectivity, external access,and mobility; a variety of travel options; comfortable, interesting, and attractive streetscapes; and,well-managed parking options. Table I —Transportation Projects Project Number Project Type Project Description 1 New Hwy 217 Overpass Extend Beveland Rd south over Hwy 217 to Hunziker (Beveland) Rd/Wall St area with car,ped,and bike facilities. 2 New Street Extend 74th Ave south from 99W to Hermoso Way or (74th Ave) Beveland Rd. 3 New Street Extend Atlanta St west from 69th Ave to Dartmouth St or (Atlanta) future 74th Ave. 4 New Hwy I-5 Overpass Provide ped/bike bridge across Hwy I-5 from Beveland Rd (Beveland) to Southwood Dr. Provide ped/bike bridge across Hwy I-5 between the New Hwy 1-5 Overpass 5 (Red Rock Creek) Triangle and PCC Sylvania around location of Red Rock Creek. 6 Modified Intersection Install traffic signal and turn lanes where needed at Atlanta (Atlanta/68th) St/68th Ave intersection. Tigard Triangle Urban Renewal Plan 9 • CRITICAL QUESTIONS The Council should ask staff the following questions: 1. Why, after completion of several major Triangle studies, including the Tigard Triangle Strategic Plan and the Tigard Triangle Urban Renewal Plan, demonstrating the need for 74th Street and a new street connection between 72nd and 74th across from Elmhurst Street, did City staff ignore the Code's street spacing requirements? 2. Why did Laurence Qamar strongly urge the City to require the street connection between 72nd and 74th (or to the Walmart shopping area) as he designed? 3. Why did the recent code update approved in August not include a street connection between 72nd and 74th once it was shown to be required by the code street spacing standard? • 1 APPLICABLE PROVISIONS FROM THE TIGARD COMMUNITY DEVELOPMENT CODE 18.100—INTRODUCTION 18.120—Definitions 18.120.030—Meaning of Specific Words and Terms. 159."Street" -A public or private way that is created to provide ingress or egress for persons to three or more lots, parcels or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes. 160."Street, public" -An accessway in public ownership. 161."Street, private" -An accessway which is under private ownership. 18.600 COMMUNITY PLAN AREA STANDARDS 18.620—Tigard Triangle Plan District 18.620.010—Purpose and Applicability. B. Development conformance.All new developments, including remodeling and renovation projects resulting in uses other than single family residential use, are expected to contribute to the character and quality of the area. In addition to meeting the design standards described in this chapter and other development standards required by the community development and building codes, such developments will be required to: 1. Dedicate and improve public streets, to the extent that such dedication and improvement is directly related and roughly proportional to an impact of the development; C Conflicting standards.The following design standards apply to all development located within the Tigard Triangle Plan District within both the C-G and the MUE zones. If a standard found in this section conflicts with another standard in the development code, standards in this section shall govern. 18.620.020 Street Connectivity Demonstration of standards.All development must demonstrate how one of the following standard options will be met.Variance of these standards may be approved per the requirements of Section 18.370.010 where topography, barriers such as railroads or freeways, or environmental constraints such as major streams and rivers prevent street extensions and connections. A. Design option. 1. Local street spacing shall provide public street connections at intervals of no more than 660 feet. 2 18.800—STREET AND UTILITY IMPROVEMENT STANDARDS 18.810—Street and Utility Improvement Standards. 18.810.030—Streets A. Improvements. 5. If the city could and would otherwise require the applicant to provide street improvements, the city engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following conditions exist: a.A partial improvement is not feasible due to the inability to achieve proper design standards; b.A partial improvement may create a potential safety hazard to motorists or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e.The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets; or f.Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. 7. The approval authority may approve adjustments to the standards of this chapter if... compliance with the standards would have a substantial adverse impact on existing development or would preclude development on the property where the development is proposed. * * * * * D. Street location,width and grade, Except as noted below, the location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions,to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: 1. Street grades shall be approved by the city engineer in accordance with subsection N of this section; and 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or b. Conform to a plan adopted by the commission, if it is impractical to conform to existing street patterns because of particular topographical or other existing conditions of the 3 land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. F. Future street plan and extension of streets. 2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed, and a.These extended streets or street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. H. Street alignment and connections. 1. Full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre- existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. 2. All local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code.A street connection or extension is considered precluded when it is not possible to redesign or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15%for a distance of 250 feet or more. In the case of environmental or topographical constraints,the mere presence of a constraint is not sufficient to show that a street connection is not possible.The applicant must show why the constraint precludes some reasonable street connection. 3. Proposed street or street extensions shall be located to provide direct access to existing or planned transit stops, commercial services, and other neighborhood facilities, such as schools, shopping areas and parks. * * * N. Grades and curves. 1. Grades shall not exceed 10%on arterials, 12%on collector streets, or 12%on any other street(except that local or residential access streets may have segments with grades up to 15%for distances of no greater than 250 feet); and 18.810.040 Blocks A. Block design.The length,width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated,consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. 4 BACKGROUND City decisions affecting the Triangle Transportation Network have taken away future street access for TL401 because the only practical street connection between 72"d and 74th was as Laurence Qamar designed on behalf of the City in response to the Base Camp pre-application. This result violates the City Code, which requires street connections. For unknown and unjustifiable reasons,the City eliminated the street connection between 72"d and 74th despite what is clearly shown in the Tigard Triangle Strategic Plan—a 74th street connection between Dartmouth and Hermoso, and a connection between 72"d and 74th To understand this result, it is important to understand who Laurence Qamar is, and how he is related to the Tigard Triangle and the Base Camp application. LAURENCE QAMAR QUALIFICATIONS AND HIS RECOMMENDATION TO STAFF To begin, Laurence Qamar is the Urban Planner hired by the City to work on several of the major Triangle plans and transportation over the past 4 years. His name appears on the cover page of several studies to include the Tigard Triangle Strategic Plan. Laurence Qamar is undoubtedly one of the most knowledgeable individuals with regards to Triangle needs and transportation. He was asked to attend the Base Camp pre-application on behalf of the City and afterwards prepared his comments and submitted them to the City and they have been made part of the record (but are not included in the Base Camp application as part of the pre-application meeting notes). Qamar's report to the City showed a street connection design between 72"d and 74th with a grade of about 8.5% (see road design below prepared by Laurence Qamar). Important Qamar comments from his reports prepared for the City(see attached Qamar emails to the City) raise many questions and reveal information as noted below: 1. Qamar wrote that"Cheryl confirmed that it is the City's plan to establish a street connection along the southern edge of the medical building property and into the Walmart Shopping center as part of the broader Triangle street/block framework." Given that City Code does require a street connection from 72"d to either the Walmart shopping area (18.810.030.H.3) or a required 74th (based on Street Spacing and Block design code), it remains a mystery why the City has completely changed its position sometime after the pre-application. The fact that 74th does not exist yet has no bearing on the decision to require the street connection (City Code 18.810.030.D). 2. Qamar asked of the City, "How would you like us to proceed?" Based on subsequent events, Base Camp clearly ignored the City Code requirements to provide for future street connectivity and ignored the City position during the pre-application that the street connection between 72nd and 74th is required. Yet now,for inexplicable reasons the City no longer is enforcing its own code that requires street connectivity be provided by the development. Not only has this major reversal in the City position adversely affected adjacent property TL401, it is clear from Qamar's comments and the Transportation studies,that the decision is not in the best interest of the Triangle. 5 3. Qamar wrote"Having gone out to the site there other day and researched the topography back at my office, it appears that the only way to feasibly make this east/west street connection is to go through the parcels owned by the oncology development. I show on the attached map an easy^'8.5%street grade for an alignment that directly links Elmhurst to the drive aisle in the front of the Wallmart(which I recommend as the best location for an equitable spacing of streets and blocks.)" This independently affirms that the route the Council was led to wrongly believe as not impractical through TL401, was in fact impractical and thereby precluded that street route. After reconfiguring the street route as required by City Code 18.810.030.H.2, Qamar apparently determined that the only practical road was the design he prepared. A road through TI401 is impractical when viewed without bias, an understanding of grades, and impact(which is taken into account when determining if a street route is impractical). 4. Qamar note about Base Camp and the street, "This is really not at all a steep alignment, as the developers and their architect portrayed it. The only reason they feel it is steep is that they prefer a flat site for their user, because their user wants one even platform for all their parking and building. But the developers also admitted that they could break out their staff parking into a steeper grade..." This clearly shows Qamar believed he was being misled by Base Camp and firmly believed an alignment can be achieved without major impact, without a steep grade through the Base Camp property, and without precluding development. City Code 18.810.030.A.7 would not allow adjustments to the standards. 5. Qamar stated "I feel confident that this street can be achieved in concert with their site development requirements." Base Camp continued to assert such a road could not be built, however there is now no doubt it can be built, but it would require changes to the applicant's site plan. 6. Qamar wrote in reference to the Elmhurst Extension "...without new street connections like this one, and like Hermosa through the Wallmart site,there will be virtually no east/west circulation through the Triangle except for bottlenecking at Dartmouth and 72". This is the critical opportunity to make those connections in that quadrant southwest of that intersection." This serves to show that the street is considered important and should not be eliminated as proposed in the recently updated code in August. There will be more bottlenecking at Dartmouth and 72"d without doubt. It will be important later to keep as much traffic away from the Dartmouth/72"d intersection as is possible. An independent traffic study would likely support Qamar's concern. No traffic study was prepared that could show the loss of the street connection between 72"d and 74th would have no effect on the Triangle transportation network. 7. Qamar states that"An east/west street connection would potentially be the highest benefit that this site could provide the greater Triangle, but would be lost forever if they proceed with their current plan." 8. Qamar recalled "When your traffic planner asked if they could provide an east/west street connection near their southern property line,they responded that the steep topography would just not allow such a road."Qamar later asserts this response from Base Camp was not true. 9. Qamar states "Upon closer inspection, I believe their assertion that a full east/west access-way cannot be achieved through the site is false." This confirms that not only was TL300 required to 6 provide for a street connection according to City Code, it was capable of doing so and Base Camp had made false statements regarding its ability to provide a street connection. 10. Qamar wrote "This would provide great benefit to the overall street network." This further confirms that a street connection between 72"d and 74th was expected to have significant contribution to the overall street network of the Triangle. It continues to make no sense that the City has chosen to eliminate it by not enforcing the only practical route via the City Codes that required it. It appears as if the City is intent to not improve the Triangle street network for inexplicable reasons. 11. Qamar wrote on the connection to the Walmart easement, "...overall average grade of the street/driveway would only be 6.66%-7.4%....well below the 15%they told us about at their driveway ramp." 12. Qamar noted Base Camp was "...forgoing the City's request to make a vehicle connection through the site. However,they did mention that they could break out their staff parking lot from the general patient parking, ..." This confirms that Base Camp has been actively avoiding the required street connection even though it was capable of implementing it. 13. Qa mar stated "I have been studying more closely the grading issues on the oncology site and see one potentially significant missed opportunity if they develop the site under their current site plan. The opportunity for east/west street connectivity through the site, which we and your traffic planner tried to address with them, is indicated on the City's Triangle redevelopment plan. An east/west street connection would potentially be the highest benefit that this site could provide the greater Triangle, but would be lost forever if they proceed with their current plan." The statement calls into question the motive behind the City's insistence to not enforce its own City Codes and require a street connection between 72nd and 74th as is required using the only practical and most safe route possible,the design prepared by Laurence Qamar. As can be determined from the above comments, Laurence Qamar warned the City emphatically that unless the street connection between 72"d and 74th is required now as part of the development, it will not be built later and it will forever affect the Triangle transportation network. These words now ring true. 7 CITY CODE 18.810.030.H.1-3 IS NOT BEING ENFORCED TO DETRIMENT OF TRIANGLE Despite the forewarning by Laurence Qamar, City staff decided not to require compliance with the street spacing standards of the code because of perceived development patterns and natural resources. Compliance was not eliminated because the City performed additional traffic analysis that showed the connection was not needed. It was because City staff recognized that a straight through street connection over TL401 was impractical due to topography (land slope > 15%over 250'), impact on surrounding property, and City Code (18.810.030.H.1) due to development predating 1995. In order to completely eliminate the street connection between 72nd and 74th, the following three City codes that should be used to require the street connection and are in the best of interest of the Triangle, have not been used by the City to promote a better Triangle transportation network: • City Code (18.810.030.H.1)does not allow required streets to be blocked for reasons such as topography or development that post-date May 1, 1995. There are other City codes that can lead to a street not being implemented, but it cannot be accomplished by this code if the qualifying date is not met. This Code requires Walmart to allow 74th because it was not vacated. • City Code (18.810.030.H.2) requires alternate routes to be considered and all found impractical before a required street can be eliminated. This Code ensures tax lots such as TL300 which are needed to provide street routes that are not impractical, are not allowed to block future streets with development or changes in topography. To date, this code has not been implemented because the Council was misled into recognizing an east/west street connection between 72"d and 74th through TL401 was not impractical and therefore TL300 did not need to provide for a future street. • City Code (18.810.030.H.3) requires street connections to shopping areas and not just other streets. A "street to street" connection is clearly a false construct created by a biased party on behalf of the City. Such a position is not in the best interest of the City or the Triangle. As discussed later,the City attempt to misinterpret the plain meaning of the City Codes above is as disconcerting as it is wrong because it is against the best interest of both the City and the Triangle. There is no justifiable basis for the City to attempt to avoid implementation of a street connection when the street connection Laurence Qamar designed will improve the Triangle Transportation Network, and it was required for over 20 years because of block design and street spacing Code. This street connection is not a surprise or unexpected burden on the property. Additionally,the street connection does not unduly impact the land because it could follow the existing contours at a nominal 8.5%grade or even less. The street does not preclude development. 8 1 • PREVIOUS COUNCIL DECISION WAS BASED ON MISLEADING AND INCORRECT INFORMATION • It should be clear from the City response as to why the street connection between 72nd and 74th was not required that the Council's determination that a street connection between 72nd and 74th running east/west through TL401 would not be impractical, was flat out wrong. Such a street connection was significantly impractical because the land meets the definition of being topographically constrained, and the street would have a significant impact on the property itself because it bisects the property and would be up to 25 feet below grade with little accessible property available on either side for development. There is also a building that pre-dates May 1, 1995 and acts to block the street according to City Code 18.810.030.H.1.This alone should have yielded a conclusion that such a street was impractical because City Code considered it to be blocked. The Council decision that a street connection between 72"d and 74th running east/west through TL401 was not impractical is based upon a significant amount of incorrect information supplied by City Staff: 1. The Council was told and shown by staff that Base Camp land was topographically constrained whereas land under the east/west connection through TL401 was not topographically constrained. This information was completely false and extremely misleading because the opposite is true. Laurence Qamar was also told by Base Camp that its land was too steep, an assertion he later notified the City was false. 2. The Council was told by staff that it was the Martins that wanted the road moved onto Base Camp land without explaining the City position previously was to have the road on Base Camp property. This misled the City Council regarding motive because it did not present the previous events leading to the location of the street as proposed by Base Camp. At the pre-application meeting the City wanted Base Camp to provide a street connection between 72nd and 74th. Base Camp resisted. Laurence Qamar advised the City where the street connection between 72nd and 74th should be located because of grades and existing development. This street connection prepared by Qamar was later supported by Martins in a letter to the City as it has long been expected to be the only route that could work due to topography, impact, and available land on either side of the road. Instead of providing a street connection, Base Camp chose to promote an impractical street connection between 72"d and 74th running east/west through TL401. This was a false alternate route that any reasonable unbiased study would determine as impractical. It should have easily been considered precluded for numerous reasons including safety. For inexplicable reasons, not only did the City reverse its previous position at the time of the pre- application, it did not consider the street connection through TL401 to be impractical. Had the City considered impact, safety, and topography as any reasonable and unbiased study would do, the street connection through TL401 would be found to be impractical. City staff, by allowing the Council to believe the street connection through TL401 was not impractical, effectively allowed Base Camp to not only avoid providing a street connection, it allowed Base Camp to block the only street connection between 72"d and 74th that was not impractical. The City Code was designed to avoid the loss of street connections such as this but it relies upon the Staff to enforce the Code. The Martins were responding to misinformation,codes not being enforced, and Base Camp promotion of a false alternative street connection. 9 3. City staff comments to Council that wrongfully claimed the Martins were moving the road onto Base Camp land for financial gain cannot be supported and it is now beyond dispute that it was to preserve the only street connection between 72"d and 74th that was practical as determined by Laurence Qamar. The false statement was designed to affect the Council decision making process by questioning the motive of the Martins. It was the foreseeable future loss of the street connection between 72"d and 74th that was behind the appeal and we were trying to prevent exactly what Laurence Qamar forewarned the City would occur. With the loss of the street connection between 72"d and 74th as approved by the City Council in August, our concerns and those of Laurence Qamar have been proven true. There is now no street connection to be required and this affects not only TL401 but the Triangle transportation network efficiency and safety. We are dismayed by the City's insistence to allow a developer to wrongly avoid street requirements as it is clearly attempting to do, and at the expense of the greater Triangle transportation network and associated safety. 4. Base Camp chose to ignore the City position that it implement a street connection between 72nd and 74th and instead moved the road connection onto TL401. Base Camp was attempting to satisfy City Code by using an impractical street connection between 72nd and 74th running east/west through TL401. The City allowed Base Camp to use this impractical street connection as an alternate route and by doing so,the City helped Base Camp effectively block the only practical street connection between 72nd and 74th. The Council conclusion not only caused TL401 damage, it adversely affected the greater Triangle area by allowing a development to eliminate a required and beneficial street connection from the Triangle Transportation Network. There was no justification that allowed the street to be eliminated according to City Code. 5. Street connectivity is not precluded because a required future street does not exist. Council was falsely informed that it need not consider 74th because the street was not required. Two separate mistakes followed. First, City Code 18.810.030.H.2 and 18.620.020,A.1 together require a north/south street connection known as 74th and according to 18.810.030.D and F, street connectivity is required up to the boundary lines of the development. Second, street connection is not limited to only streets because it can also include connections to shopping areas (City Code 18.810.030.H.3). These City Codes ensure that each portion of a required future street connectivity is not blocked. 6. The Council was misinformed just before the appeal hearing by a memo with incorrect information for the Council to consider. The Council was wrongly informed that Elmhurst Street could not be connected to Walmart. This is not true. City Code 18.810.030.H.1 does not allow Walmart to block required streets unless provisions were made previously to do so. City Code 18.810.030.H.2 and 18.620.020.A.1 together effectively require a street connection between Dartmouth and Hermoso. City Code 18.810.030.H.3 also requires street connections to shopping areas, not just other streets. The same memo also wrongfully claims the alignment to be feasible, even though it is precluded by development on TL401 that pre-dates May 1, 1995, 10 and meets criteria to be considered impractical by reasonable unbiased analysis. The memo then proceeds to misinform the Council by referring to street slope information as if it is the topography constraint criteria from 18.810.030.H.2. All this wrong information contributed and affected the Council decision making process on street connectivity requirements between 72"d and 74th 7. There were numerous other concerns presented to the Planning Commission that went unaddressed but were not brought before the Council. A decision was made to focus on just the street connection because it greatly affected the best interest of the Triangle. Instead,the City staff provided Council wrong information by allowing it to believe the east/west street connection between 72"d and 74th running through TL401 was not impractical, and by withholding from Council its previous position presented at the Base Camp pre-application. These important issues adversely affected the Council decision making process and led to the need for the LUBA appeal that followed. 8. Council was not properly advised as to when a street should be considered impractical. Council wrongfully relied on road grade alone which is not the sole basis for determining a street impractical. Topography and impact are important considerations that were not addressed by the Council. It is beyond dispute that the road through TL401 was on land that is topographically constrained because the grade is greater than 15%over 250'. As required by City code,topography alone is not sufficient to preclude a road. It is the impact on the land that is more important because elevation differences between the land and the road itself can create a far greater impact. The remaining developable land is also a major consideration. 11 LOSS OF STREET CONNECTION CAUSES PERMANENT DAMAGE TO TRIANGLE AND TL401 City code could previously be used to assure TL401 would have street access, however, with the loss of a street connection between 72nd and 74th, access consolidation with 72"d can no longer be assured. This occurred because the City allowed Base Camp to develop without addressing the street connection requirements by the use of an impractical alternate street connection between 72nd and 74th. It is difficult to understand why the City would want to cause harm to the Triangle Transportation Network when it wrongfully accepted such a street as not impractical given that it should have been obvious from the tremendous impact on TL401 and the existing development that precludes it. It had been previously shown to the City that a difference in elevation of over 25 feet between the road and the land adjacent to the road would leave little developable land on TL401. The City elimination of a street connection between 72nd and 74th also took away reasonable commercial access to TL401 indefinitely. Right in, right out access as the City previously said would be the only access allowed, significantly reduces land value. t1 (jI 12 RESPONSE TO REMAND ARGUMENT ON APPEAL There is No Conflict Between the Provisions. The proposed findings suggest that there is a conflict between the requirements of CDC 18.810.030.H.1 and 18.620.020.A.1, but there is no conflict between minimum street connection distances because street connections can comply with both.See, e.g., Thunderbird Mobile Club v. City of Wilsonville, 234 Or App 457, 228 P3d 650(2010) (there is no conflict between laws when it is possible to comply with both laws) Qualifying Date Applies to All Listed Restrictions The City argument that the qualifying date used in 18.810.030.H.1 would apply only to unspecified and unknown restrictions or a subset of the specified items, but not include both specified and unspecified restrictions requires many important common sense considerations to be ignored and pushes the boundary of respect for logic, language, and law: • It is an untenable argument to assert there is a reason to apply a qualifying date of May 1, 1995 only to restrictions that are unknown, but not to restrictions that are known. There is no logical basis for the City to create a qualifying date that applies to unknown restrictions, but not those that are known. It is incomprehensible to consider the sentence to have such a meaning. • Grammar rules regarding sentence construction must be ignored,the use of"or" implies an "or" exists between each restriction listed and the sentence is a list of restrictions because of the use of the phrase "other restrictions." As LUBA noted in footnote 7 of its decision, such an interpretation "seems highly suspect." • The sentence in question as to the qualifying date is not meaningful unless the date applies to all restrictions listed.The plain meaning of the sentence is clear only when the qualifying date of May 1, 1995 applies to the entire list of restrictions and not just the unknown restrictions. There is no defensible logic that supports adding a qualifying date only to unknown restrictions, and it is incomprehensible to do so. Attempting to read the sentence by ignoring grammar and the plain meaning of the sentence, is transparent attempt to show confusion where none exists. That is, if some of the restrictions should not be subject to a qualifying date,they would not be included in the sentence as written. The plain meaning of the sentence is not disputable. • The past basis behind implementation of the qualifying date of May 1, 1995 was to protect development property rights and value from new and required street connections that had been added to City Code. Any topography changes, development, railroad, stream or any other potential restriction that pre-dates May 1, 1995 provides a basis to block a required street connection to preserve the property value and rights. After May 1, 1995 all property is on notice as to street requirements, so topography or development since that time could not be used to block street connectivity requirements unless specifically provided for otherwise. 13 It is beyond dispute the qualifying date applies to all specified and unspecified restrictions because of grammar, logic, and the intent behind the use of the date. An example of its use when applied to "development" can be found with the Walmart site because the Walmart development cannot be used to preclude street connectivity requirements as it was developed after 1995 and there was no provision to exclude 74th that is required by block design and street spacing City Code. A required street need not be shown on the transportation plans and such cases are provided for. A second example of the qualifying date use when applied to "topography" can be found at the Base Camp oncology site because the Base Camp site topography cannot be used to preclude street connectivity requirements as it was significantly altered after 1995 and there was no provision to exclude the street connection between 72"d and 74th that is required by block design and street spacing, and 18.810.030.H.2. The above examples serve to show it is not disputable that development and topography restrictions were intended to be subject to the May 1, 1995 qualifying date. Street Connectivity is Accessway Connectivity. The argument that street connections are a reference to "street to street" connections is not supportable. City Code 18.810.030.H.3 specifically provides for other types of street connections such as with shopping areas. A street is merely an accessway by City Code definition 18.120.030.A.159-161 that can be public or private. The plain meaning of street connections is ingress or egress from accessways, and this includes street connections such as those described in City Code 18.810.030.H.3. Moreover, street connections are required between "existing and planned" streets and developments. Proportional Impact Does Not Preclude Street Connectivity Requirements The issue of nexus and proportionality were not previously raised. To the extent there is a disproportionate impact, City Code 18.810.030.A.5 addresses such cases. Street connectivity requirements are not blocked because proportional impact arguments apply. In any event, such a conclusion is not supported by substantial evidence. In order to reach such a conclusion,As the US Supreme Court held in Dolan v. City of Tigard, 512 US 374(1994),the City must"make some sort of individualized determination" regarding the relationship, both in nature and extent, between the dedication and the impact of the proposed development. No such determination was made here and, therefore, there is evidence supporting this conclusion. 14 BASECANIP INTERESTS ARE AGAINST TRIANGLE TRANSPORTATION NETWORK AND AGAINST CITY It should be clear that by having Base Camp prepare a response for the City causes significant damage by misinterpreting the plain language of the Code. This is not in the best interest of the City, safety of vehicles, or the Triangle. Base Camp has an extremely biased interest to show 18.810.030.H.1 as confusing when it is not. It also is trying to show that H2 and H3 cannot be applied. The City needs to recognize that no street connection between 72nd and 74th is not in the interest of the Triangle, and Base Camp land has been expected to provide that access for over 20 years. Equitable spacing as required by City Code Block Design of the street dictates it should be located as Laurence Qamar has shown. i .mu u+w.ue: _____as C \ _.. ,ect ri;r/Ta4 W*Mt t «J TTI �; -__ _ 1 -_i --' \ft MY*204' MCI 4 f IC P - r1 JI 9, ..--..T1 O i PANA4 SPAM 1 V.00 VW, \I ,g f c .t �, _ awn DX tD1 4q � �it e t r _ Wtaraews Mt W1 I n _ SITE PLAN Mild"r.w ANY*.ilk ONIA 0 r ua ar 7 -590' (street teeth) x -50' (street rise) = 8.47% Ali 100 Laurence Qamar Street Connection Design between 72nd and Walmart shopping area which is also the location of a required 74th street connection between Hermoso and Dartmouth Street. 15 Gary Pagenstecher faofrr Laurence Qamar <I gamar('comcast.net- Seat Friday, February 05 2016 11:31 AM Tirx Gary Pagenstecher Kenny Asher;Cheryl Gaines; Kim McMillan SKitioct Re Triangle Oncology Medical Pre-app irertportapce: High foniow Up Feat Flag for follow up Flag - Ftagged is cart'°, Keary and Cheryl, C land I were speaking yesterday about the next upcoming Pre-App,so I brought tip riot tliscussitms rrbrrnt tiporteohigy medical building pre-app earlier this week. Cheryl confirmed trot it is the Citv's plan to establish a street connection along the stutthern edge ul the trails( =II httilditproperty and into the 'almaart shopping center as part of the broader Triangle street/block 'tattle wtrr sime yott I spoke the other day,I have been doing a little more research about the grades on anti trrotmtl tfic tavology site. I found one of our old maps from a couple of years ago in which we planned lirr a new street connecting SW 72nd to Hermosa along the Elmhurst alignment and landing i',r ' 'tft t c „ lot, flaying gone out to the site there other day and researched the topography back at my office, . ttt' ilii that the()lily way to feasibly make this east/west street connection is to go through the Irttrccl.r owneri by the ffatAiOgy development. I show on the attached map an easy—8.5%street grade for an ulignmcnt that directly hicks Elmhurst to the drive aisle in the front of the ...o • I ._! t II t1. t l io, for an equitable spacing of streets and blocks. Th4sis resoy not at all a steep aliaf .. ..Ft' P �: le _ _x .6 � 4 e N t �`a� � ��r:oil �� rcnaon ��, they reel t isteep is that they prefer a flat site for their user, because their user wants one even plotlintn litr all tkatir mkingl building. But the developers also admitted that they could break out their stal'laparking intory raex SilKe it is only the patients who may need wheel chair accessibility through the harking lot.Sit, erect m, which could have some head-in parking along it,needs to be steeper than wheel choir , itother put their staff parking long it,while using to access other parking lots that are unit -, with their building. r u*fait his street can be achieved in concert with their site development ret uiretttents., !tut With kOti the street and their site needs must be done to untttirn• r ._ "t we convince the oncology de clttlicr to accotnntttdote n tlrtt trplt street, day itrX have n regi;' ., t for them to do$o? Svc t,rk to persoide the nt tl . ,.i Wentt12od would greatly benefit their patients as ‘Nclb ate . - 1 t1 in the future? We need to convince them with all oui inti4t�nb ►, "-'#$„1111, t rr,r , ,, 'oils the thist, a l _ A ,,,,. ,,. .,,, , , ,, ,, , ere ill no rntos:►through the Wallman site.thud ,Thi be is i r critical o astirt.est to circulationmke thtr t<<,nnections in that except '`tier Etttttleneckittg at Dartmouth mid 72ppo `" qujjr itt south'Nest of •that intersection. ttot11 Nould}ou like us to proceed? 1 : :. =.1 t l ,, , . ',,,cotta& Town PiMnntng rN, 3#32 SE t'niton Stmt-Portland,Oregon 97202 (t;rx-C 51)3-?S$-7632-Mobile 971-221.7692 Fruit:Lqatnat Moran«-i flet,s:te autit yamaranhitavture.Wrtt Rn-ttnt 1 :.t,rs,:aA%,l.seabrookwa.com j ,' / 1; \I i . lr 11 _. C i - _ f C 4 PIK+ztm 4-" -i4 . a tt 1 ,. g. ,y- I ., Li , ±sf xs c s4 , a 141, . j �ri,aa!1 p51irr3101.t - -.... IiW I ' fi I 1 S/rf PLAN ..., .. ....,14.11 Ii i •m a r I 1 -590' (street length) x -50' (street rise) = 8.47% 4 0 On Feb 3,2016,at 1:37 PM,Gary Pagenstecher<Garvp(cttigard-or.gov>wrote: I am free 2:30 to 3:00.Cell-503-956-9430 On Feb 3,2016,at 12:38 PM,Gary Pagenstecher<Garvpcthtigard-or.gov>wrote: 4 b.'t o c}t the stmt connection,but Eng has not embraced#t.tit scs scuss. turttlf From: Laurence Qamar tmai;to"',cornar ucp c n'ti Sent:Wednesday, February 03, 2016 1203 PM To:Gary Pagenstecher Cc: Kenny Asher;Cheryl Caines Subject:Re:Triangle Oncology Medical Pre-app Clary, (Kenn) and Cheryl copied) I have been studying more closely the grading issue`on the oncology sac.ind std one potentially significant missed opportunity if they deyeh>p the site under their current site plan. 'ihe opportunity Mr ea=st ttiest street..tnInc-cti%ay through the site,which we and your traffic planner trig to gess with them. is itrtiliyated on the City's`triangle rateselopmt'rn plan. An east west street connection r`+�rikl potentially be the highest benefit that this site could ,s i t rcater t rr.in Le. but would be lost forever if theypet with their current plait. When your traffic planner asked if they anal pirnidc an east west street connection near their southern property lige,they responded that the steep topography would just not allow such a road they *deka idiom a difficult grading location for their ramp at the bottom of the slope as between 12- 15%. 1 hey spoke of needing to build a tcnsisc retaining walk to fit their p rrkiup lots and the building floor level within wheelchair avessible grades they also spoke of the parking lot beingcut into the hill and at a level lower than 72nd.its° Upon closer inspection,I believe their assertion that a full ca t`svect access-way cannot be achieved through the site is false. While I lust not taken the time to design a whole parking lot grating plan.my preliminary calculations:suggest that a driveway or actual street could be achieved through the site from its SE corner up to its NW corner,thus connecting 72nd Ave to the drisessay entrance of Willman. This would pros ide great benefit to the overall street network. It could also benefit them by offering nese local street frontage to their lax I.ot 400 just south of their primary site. There is a 45' to 50 elevation gain between those two site corners. I then measured approximates 675' horizontally for a street or driveway(the red line on the attached plan). Stretched over that length.the overall average grade of the street/driveway would only be 6.66%-7.4%....well below the 15%they told us about at their driveway ramp. The trouble is that they are setting their whole parking lot approximately level with their main floor for wheelchair accessibility,which initially seemed reasonable.They want a flat site,but are working on a slope,and as a result are building a lot of retaining walls,and forgoing the City's request to make a vehicle .,� „ w._ . connection through the site. However,they did mention that they could break o their staff parking lot from the general patient parking,and allow the staff parkin:, to exceed wheelchair accessible grades. With that caveat,I believe that a portio of their parking drive aisles could maintain an average 7%slope in order 4 achieve that very important street connection though the site, 5 tihttul�i v+c fuhds his itt,ssihiIu :,nil {tnitt it t ,th �ielct ' Ottcs the city rtat et thisstutimetha\e an\ ttte.h.uusnt t))rctare theen►cctit street drivcvva) cUtutectiorl'' pntvrsidc this 3432 SF;Carlton Street-Ptnitand,Orct;,,n v^2 Office 503-78K•7632.biobilc 971-22t-'692 Entail:I.gain tr it k.,nrc.t‘t n t \\'eb Site:thin gait,.tt.ft`i tllttctur .,,; Recent Mork:\\\\\\.seabrttol.\\;t.coni <image002.jpg> On Feb 3,2016,at 8:02 AM.(►ars Pagenst her or.gov>wrote: Laurence, The GIS shows contours 168 to;to on the difference, Gary From:Laurence Qamar l * f Sent: Tuesday,February 02,2016 11:32 PM To:Cheryl Caines Cc:Gary Pagenstecher Subject: Re:Triangle Pre-app Gary, can you verify for me the topographic increments represented on the topography map that was pro ided to me in the meeting tctdai. which is the same one that Cheryl and\cru emailed me last week`' It does not indicate if they are I'or 2'increments. I counted 41 topo lines from the SE corner to the NW corner of the site. If those are I' increments,that would be a 41'rise from the lowest to the highest points on the site. That sounds feasible based on the conversant today and my subsequent site visit after\vards. I would like to verify some of their assumptions about potential street grades. Thanks, 1 l iuncut crams IAEA.,c'N;L cA I Qamar Architecture&Town Rtantning CO. 3432 SE SiCarlton Street.Portland,Oregon 97202 Office 503-788.7632-Mobile 971-221-7692 Email:Lit Quasi-Judicial Land Use Hearing Procedures Statement by City Attorney This is a quasi-judicial land use proceeding limited to the remanded findings regarding the applicability of CDC 18.810.030.14.1 and CDC 18.620.020. Public testimony will be allowed for argument, but the record will not be opened for new evidence. Testimony,arguments,and evidence must be directed toward the applicable criteria. Failure to raise an issue clearly enough so that Council understands and can address the issue precludes an appeal on that issue. Members of the City Council will be asked whether they have any conflicts of interest. If a Council member has an actual conflict, the Council member cannot participate. Council members must declare any contacts about this case with a member of the public. Council members must also declare if they have independent knowledge of relevant facts,such as from a visit to the site in question.A Council member who describes ex parte contacts or independent information may still participate in the decision. After the discussion of conflicts and ex parte contacts, any person may challenge the participation of a Council member or rebut any statements made. The Council member in question may respond to such a challenge. Statement by Mayor The conduct for tonight's hearing shall be as follows: 1. Open public hearing for argument,no new evidence 2. Staff report. 3. Applicant's testimony. 4. Public comment. 5. Staff response. 6. Applicant rebuttal. 7. Council questions of staff or witnesses. 8. Close public hearing. 9. Council deliberation. Council members also may ask the staff and the witnesses questions throughout the hearing until the record closes.After the record is closed,the City Council will deliberate. During deliberations, the City Council may re-open the public portion of the hearing if necessary to receive additional evidence before making a decision. Please do not repeat testimony. If you agree with the statement of an earlier witness, please just state that and add any additional points of your own. AIS-3280 6. Business Meeting Meeting Date: 10/17/2017 Length (in minutes): 10 Minutes Agenda Title: CONSIDER RESOLUTION TO AMEND BUDGET COMMITTEE BYLAWS TO REMOVE TERM LIMIT Prepared For: Toby LaFrance,Finance and Information Services Submitted By: Liz Lutz,Finance and Information Services Item Type: Resolution Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Shall the Council approve a resolution amending the Budget Committee bylaws,removing term limits for resident volunteers and clarifying the number of votes needed to take action? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the resolution. KEY FACTS AND INFORMATION SUMMARY During 2017-18 budget deliberations,it was suggested that by eliminating the two consecutive-year term limit in the Budget Committee bylaws would bring greater continuity to the budget committee to carry out the council and budget committee financial goals. The revised by-laws in Section IV. Term of Office would be changed to the following: C. Any vacancy on the committee shall be filled by appointment by the council and Mayor for the unexpired portion of the term. D. Members may be reappointed. At the conclusion of a 3-year term, a member who wishes another term must go through the appointment process as outlined in Section III. Additionally, Oregon Budget Law states that in order for the Budget Committee to take action,there must be approval by more than half of the total members of the committee. Tigard's current bylaws state that in order to take action, there needs to be a majority of budget committee members present. This change will mean that at least six votes of the 10 voting members will be needed to take action,regardless of the number of members present. OTHER ALTERNATIVES The alternative would be to keep the current Budget Committee bylaws as written. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS NA DATES OF PREVIOUS COUNCIL CONSIDERATION NA Attachments Resolution Bylaw Revision _ _ CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION OF THE CITY OF TIGARD TO CHANGE THE CURRENT BUDGET COMMITTEE BY-LAWS, SECTION IV-'FARM OF OFFICE SO THAT THE TERM LIMIT RULE IS REMOVED AND TO CORRECT SECTION VI PERTAINING TO RULE OF BUDGET COMMI'1'1'EE MAJORITY TO CORRESPOND WITH OREGON BUDGET LAW WHEREAS, the current City of Tigard Budget Committee By Laws, Section IV, D states that, `Members may be reappointed for up to two consecutive terms;'and WHEREAS, during discussions at the last budget cycle, a suggestion was made to remove this term limit stipulation in order to increase budget committee finance decision continuity;and WHEREAS, the current by-laws state in Section VI Meetings., Article E that, "A majority of votes of committee members present shall determine the official position...", but Oregon Budget Law states that in order to take action,there needs to be a majority of more than 1/2 of the total members of the committee. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: City Council approves the changes in the Budget Committee By-Laws, to remove the term limit stipulation for citizen members and to align the votes needed to action with the Oregon Budget Law,as outlined the attached Budget Committee By Law revision. SECTION 2: SECTION 3:This resolution is effective immediately upon passage. PASSED: This day of 2017. Mayor-City of Tigard ATI'EST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 1 City ofTigard Budget Committee TIGARD MODEL BYLAWS • The model bylaws were developed using the City Center Advisory Committee and Tigard Tree Board Bylaws. • The model bylaws serve as a guide for boards. • Section headings should remain the same for all boards. • Boards have discretion to revise the model bylaws with the exception of areas highlighted in gray. SECTION I. CHARGE AND DUTIES A. The Budget Committee hereafter referred to as the "committee" shall have no powers except as conferred by resolution, City Charter,Tigard Municipal Code, or the Oregon Revised Statutes. B. It shall be the function of the Budget Committee to act as an advisory body to approve the annual budget per ORS 294.336,which specifies that a budget committee must be established. C. The committee and its members shall conduct itself in a manner that's in keeping with applicable federal, state, and local laws pertaining to conduct and ethics and the City of Tigard Code of Conduct. Any violation of the provisions of such laws shall be grounds for removal from office. D. The Budget Committee is charged with advising the City Council on matters pertaining to: • City Finance including: revenue sources, citywide expenses, debt,policies, forecasting and the Capital Improvement Plan. E. The committee may form subcommittees to investigate areas relevant to its charge or duties pursuant to this section. SECTION II. COMPOSITION A. The committee shall consist of members of the Tigard City Council,including the Mayor,and an equal number of appointed members. An alternate member is also appointed. • Members must be residents of Tigard. B. Membership may temporarily drop below required minimums due to resignations and/or difficulty in recruiting qualified applications. City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov I page 1 SECTION III.APPOINTMENTS A. Appointed members must be qualified voters of the city who have a right to vote on the adoption of any measure. They cannot be employees, officers or agents of the city. B. Appointments of at-large members shall be made the City Council,with recommendations from the Mayor. SECTION IV.TERM OF OFFICE A. Committee members have staggered, three-year terms. B. No one on the Budget Committee receives compensation for serving on this committee, but are eligible for expense reimbursement. —Any vacancy on the committee shall be filled by appointment by the council and Mayor for the unexpired portion of the term. "- - . - - - -a - - -- aa-- - - - -- - - allowcd toms.C. - -- - .. . ..- .. .. - C. D. Members may be reappointed. At the conclusion of a 3-year term, a member who wishes another term must go through the appointment process as outlined in Section III. for up to two consecutive tcrma. E. An individual committee member may not act in an official capacity except through the action of the committee. F. A member who seeks to resign from the committee shall submit a written resignation to the chair of the committee, the staff liaison,or the city recorder's office. If possible,the resignation should allow for a thirty(30) day notice so the City Council can appoint a replacement. SECTION V.ORGANIZATION OF THE COMMITTEE A. At the Proposed Budget meeting,and thereafter annually,the committee shall elect a Chair from its members who shall hold office at the pleasure of the committee. o Chair. The chair shall have general directional powers over the committee. The chair shall preside at all meetings and,in consultation with support staff, set the agendas and notify the board of all meeting times and place. The chair shall be the sole spokesperson for the committee unless this responsibility is delegated to support staff. • The committee also elects a Secretary to serve for one year. B. If the Chair should resign, the committee shall,at its next meeting,conduct an election and provide a replacement to fill the unexpired term. C. Staff liaisons are the primary contacts for City of Tigard boards and the primary interface between these bodies and the City Council, City Manager, and departments. Besides serving as a technical resource, staff liaisons are responsible for meeting logistics, member recruitment and recognition, recordkeeping, and monitoring board effectiveness. City of Tigard I13125 SW Hall Blvd.,Tigard,OR 97223 Iwww.tigard-or.gov I page 2 SECTION VI.MEETINGS A. The regular meeting of the committee shall be held to hear the City Manager's budget message and subsequent meetings to deliberate and consider the Proposed Budget for ultimate council adoption prior to June 30 of each year. B. Additional meetings are held on a quarterly basis. C. The parliamentary authority for the Board is Robert's Rules of Order Revised,except where superseded by these bylaws or local, state, or federal law. D. Agendas and minutes shall be posted for public notice on the City of Tigard web page and in the lobby of City Hall in compliance with Oregon Public Meetings Law.All meetings shall be open to the public. E. A majority of votes of committee members present shall determine the official position of the committee on a given issue.Alternates are not allowed to vote under any circumstances. F. The Chair shall vote on all matters before the committee unless having declared a conflict of interest. G. Committee members shall not send or receive electronic communications concerning any matter pending before the committee during a committee meeting. • Electronic Communications means e-mail,text messages,or other forms of communications transmitted or received by technological means. • Electronic Communications Devices means lap-top computers,blackberries,cell-phones,notebooks,or other similar devices capable of transmitting or receiving messages electronically. H. Committee member shall not use electronic communication devices to review or access information regarding matters not in consideration before the committee during a committee meeting. SECTION VII.BOARD MEMBER RESPONSIBILITIES Members of the Committee: • Regularly attend meeting and contribute constructively to discussions, • Consider and discuss issues from a Citywide perspective,as well as that of particular stakeholder or interests, • Strive to reach consensus on matters under consideration • Act with respect and consideration for the viewpoint of others • Shall not make representations on behalf of the City of Tigard or Board whether intentional or not,without authorization. • Approve the budget tax rate or tax amounts that will be submitted to the assessor. SECTION VIII.ATTENDANCE If a member is unable to attend a meeting,he or she is expected to notify the Chair. (staff person?) SECTION IX.QUORUM City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I page 3 At any meeting of the committee, a quorum shall be a majority of the current members (excludes alternates) of the committee.No action shall be taken in the absence of a quorum except that the meeting may continue with discussion on agenda items. For the purposes of forming a quorum, members who have disqualified or excused themselves from participation in any matter shall be counted as present. In the event a quorum will not be present at any meeting,the staff shall notify the committee members in advance so that a decision may be made whether to meet and take no action on agenda items or to reschedule to a different time. SECTION X.REMOVAL OF MEMBERS A. ORS 294.336...If any appointive member is unable to serve the term for which the member was appointed,or an appointive member resigns prior to completion of the term for which the member was appointed, the governing body of the municipal corporation shall fill the vacancy by appointment for the unexpired term. B. If the number of members of the governing body is reduced or increased by law or charter amendment, the governing body of the municipal corporation shall reduce or increase the number of appointive members of the budget committee so that the number thereof shall be equal to but not greater than the number of members of the governing body. C. To effect a reduction, the governing body of the municipal corporation may remove such number of appointive members as may be necessary. The removals shall be made so that the number remaining will be divided into three,if the terms of the appointive members are governed by subsection (5) of this section,or four,if the terms of the appointive members are governed by subsection (6) of this section, equal appointive members shall be appointed for such terms so that they, together with the members previously appointed,will be divided into three or four,as appropriate under this section,equal or approximately equal groups as to terms. SECTION XI.ANNUAL REPORT OF THE COMMITTEE A. The Annual Approved Budget is submitted to the City Council after the Proposed Budget hearings have been held and must be adopted by the City Council by June 30 of each year. SECTION XII.AMENDMENTS These bylaws are adopted by resolution of the Tigard City Council, are binding on the committee, and may be amended by the City Council. Committees may propose amendments for council consideration. City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov I page 4 AIS-3281 7. Business Meeting Meeting Date: 10/17/2017 Length (in minutes): 15 Minutes Agenda Title: Consider Authorizing a bill of sale to Portland General Electric for streetlights on Burnham Street and Main Street Prepared For: Brian Rager Submitted By: Marissa Grass, Public Works Item Type: Motion Requested Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the City of Tigard authorize a bill of sale to convey 94 LED streetlights on Burnham Street and Main Street to Portland General Electric? STAFF RECOMMENDATION /ACTION REQUEST Authorize the bill of sale to convey LED streetlights to PGE. KEY FACTS AND INFORMATION SUMMARY Over the last five years,Portland General Electric (PGE) and the city have worked cooperatively toward converting many of the city's streetlights to LED fixtures. The first conversion involved larger lights,mostly seen on collector and arterial streets. Prior to 2014,PGE offered the following options for ownership and maintenance: •Option A: Poles and fixtures owned and maintained by PGE,with the city paying for certain energy and maintenance costs •Option B: Poles and fixtures owned by the city,but PGE maintains with city paying a maintenance fee •Option C: Poles and fixtures owned and maintained by the city In 2014,PGE indicated they would be eliminating Option B,and that any lights the city converted to LED would have to shift to Option A or C,after the conversion process. Further,any new LED streetlights installed by the city would need to be in one of those two ownership/maintenance options. It was during this same time that the Burnham Street and Main Street projects were being constructed and the city had a desire to install LED streetlights as a part of their design. PGE allowed the city to maintain and operate these lights under Option B temporarily,as they were designed prior to the removal of Option B, with an understanding that the city would make a decision in the future as to whether they would move to Option A or C. There are now a total of 94 LED streetlights on these two streets and staff from both PGE and Tigard wish to take the final step to shift these lights to a new option. Public Works staff analyzed Options A and C back in 2014 and made a determination that it would not make good business sense to take on the maintenance of streetlights. The city does not currently have the equipment,personnel and expertise to perform that work. Therefore,in 2014 staff recommended that converted lights be shifted to Option A. Since the Burnham Street and Main Street streetlights were paid for by the city,they have an existing market value. To shift them to Option A,PGE will purchase these lights from the city. Attached to this agenda summary is a Bill of Sale in the amount of$154,829.28. That value was determined by considering the original purchase price the city paid in 2010 ($1760.94/light) and applying a depreciation factor. The proposed purchase price is $1647.12/light. Staff is supportive of the purchase price of$154,829.28 and recommends authorization of the Bill of Sale. OTHER ALTERNATIVES Council could choose to not sell the streetlights and redirect staff. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION This is the first time the council will consider the Bill of Sale. Fiscal Impact Cost: $1903/mo Budgeted (yes or no): Yes Where Budgeted (department/program): Streetlight Fund Additional Fiscal Notes: The city will pay estimated monthly energy and maintenance costs to PGE of about$20/light, or roughly $1900/month for the 94 LED streetlights. Attachments PGE Bill of Sale BILL OF SALE For and in consideration of the sum of$154,829.28, PORTLAND GENERAL ELECTRIC COMPANY(PGE), an Oregon corporation ("Buyer"), of the light fixtures identified more specifically below, CITY OF TIGARD ("Seller"), sells,transfers, and conveys to PGE, all of Seller's rights, title, and interest in the following personal property (the "Property"): PGE Purchase Total Purchase ORIGINAL INSTALL JOB Fixtures in the field Quantity Price Price Burnham-505039 93W LED ACORN* 55 Main-639759 93W LED ACORN* 39 *Fixtures currently billing as 100W HPS Acorn Capital(Temporary Rate) 94 $ 1,647.12 $ 154,829.28 • See attached spreadsheet for existing fixture asset and location detail BUYER ACKNOWLEDGES THAT SELLER MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE PROPERTY AND ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT THAT SELLER WARRANTS THAT IT OWNS THE PROPERTY AND THAT THE PROPERTY IS FREE AND CLEAR OF ANY LIENS. IN WITNESS WHEREOF, Seller has executed this Bill of Sale this day of , 2017. SELLER: CITY OF TIGARD By: BUYER: PORTLAND GENERAL ELECTRIC COMPANY By: AIS-3286 8. Business Meeting Meeting Date: 10/17/2017 Length (in minutes): 10 Minutes Agenda Title: CONSIDER CITY ATTORNEY EMPLOYMENT AGREEMENT Prepared For: Marty Wine Submitted By: Marty Wine, City Management Item Type: Motion Requested Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the City Council approve an employment agreement with the appointed city attorney? STAFF RECOMMENDATION / ACTION REQUEST Review and approve the negotiated employment agreement and authorize the Mayor to sign the agreement. KEY FACTS AND INFORMATION SUMMARY On October 3, the City Council appointed Shelby Rihala to be Tigard's City Attorney pursuant to TMC 2.60 and subject to negotiation and ratification by the City Council. Through a salary survey conducted by Human Resources staff,the newly created employee position of City Attorney has been placed in the M52 salary range of Tigard's salary schedule (salary range $102,696 to $137,616). The City Manager and City Attorney have negotiated the terms of an employment agreement that is attached for the City Council's consideration. The terms are similar to the employment agreements for the city's department directors, except that the City Attorney reports to the City Council. OTHER ALTERNATIVES The City Council could choose to amend the terms or to not approve the employment agreement. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION The appointment of the City Attorney was considered on October 3,2017. Attachments Draft CA Agreement AgendaQuick©2005-2017 Destiny Software Inc.,All Rights Reserved DRAFT III II r in TIGARD 0 CITY OF TIGARD EMPLOYMENT AGREEMENT 1IPage CITY OF TIGARD EMPLOYMENT AGREEMENT TABLE OF CONTENTS Introduction 1 Section 1: Term and Anniversary Date 1 Section 2: Employment,Duties,and Authority 1 Section 3: Compensation 1 Section 4: Hours of Work 1 Section 5: Performance Evaluation 2 Section 6: Health,Disability,and Life Insurance, and VEBA Benefits 2 Section 7: Leave Benefits 2 Section 8: Retirement and Deferred Compensation 3 Section 9: Professional Certifications,Bonding,and Professional Development 3 Section 10: Use and Return of City Property 3 Section 11: Outside Activities 3 Section 12: Termination,Suspension,and Severance 3-4 Section 13: Resignation 4 Section 14: Indemnification 4 Section 15: Other Terms and Conditions of Employment 4 Section 16: Notices 5 Section 17: General Provisions 5 DRAFT City of Tigard Employment Agreement Introduction This Agreement,made and entered into this October 17,2017 by and between the City of Tigard,Oregon,a municipal corporation, (hereinafter called"City") and Shelby Rihala(hereinafter called"Employee"),both of whom agree as follows: Section 1:Term and Anniversary Date A. The term of this Agreement shall be for an initial period from October 23,2017 to the Anniversary Date. This Agreement shall automatically be renewed on the Anniversary Date for a one year term unless notice that the Agreement shall terminate is given at least 30 calendar days before the Anniversary Date. In the event that notice to terminate is given as provided in this section,all compensation,benefits and requirements of the Agreement shall remain in effect until the expiration of the term of the Agreement unless the Employee voluntarily resigns. B. The Anniversary Date of this Agreement shall be October 23,2018 and annually thereafter. Section 2:Employment,Duties,and Authority The City agrees to employ Shelby Rihala as City Attorney to perform the functions and duties of that position and to perform other duties described in the position description which may be amended by the City periodically. The City Council is responsible for Employee's appointment,removal,and suspension. Employee shall serve at the pleasure of the City Council and may be removed by the City Council at any time, with or without cause as provided in this Agreement. Section 3: Compensation A. Base Salary: The City agrees to pay the Employee an annual base salary of$120,000,payable in installments at the same time and in the same manner that the other management employees of the City are paid. B. This Agreement shall be automatically amended to reflect any salary adjustments that are provided or required by the City's compensation policies. C. Consideration shall be given on an annual basis to increase compensation based on performance. Total salary shall not,however,exceed the top of the salary range for City Attorney as shown in the City's duly established Management Compensation Schedule as it may be amended from time to time. Section 4: Hours of Work It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the City,and to that end,Employee shall be allowed to establish an appropriate work schedule following consultation with the City Manager. Section 5: Performance Evaluation City shall annually review the performance of the Employee subject to the City's Management/Supervisory performance evaluation and review system and policies. 11Page DRAFT Section 6: Health,Disability, and Life Insurance, and VEBA Benefits A. The City agrees to pay the amount of$501.55 in a lump sum payment to the Employee for the continuation of benefits (COBRA) health insurance premiums prior to the Employee's eligibility for City health insurance coverage on December 1,2017. B. The City agrees to provide and to pay a share of the premiums for health,vision,and dental insurance for the Employee and his/her dependents equal to that which if provided to all other management employees of the City of Tigard as authorized by the City Council. The share of the premium paid may be adjusted by the City Council,but may not be any greater or any less that that paid for all other management employees of the City. In the event Employee is required to contribute toward the premium cost of such benefits,Employee agrees to the deduction of such amounts from his/her paycheck. C. The City agrees to put into force and to make required premium payments for long term disability coverage for the Employee. D. The City shall reimburse the Employee for the cost of Employee-purchased Life or Long Term Care insurance,based upon submittal of proof of payment,not to exceed$750 per year. E. The City shall make a contribution of no more than$600 per year to an HRA Voluntary Employee Beneficiary Account(VEBA)in the name of the Employee. This contribution may be adjusted from time to time as authorized by the City Council for all management employees of the City. F. The City agrees to provide Employee the same benefits and allowances as paid and provided by the City to other management employees as provided in the City's personnel policies,except as provided modified by this Agreement. Section 7: Leave Benefits The Employee shall accrue leave benefits pursuant to the Paid Time Off Policy,No. 19.0,of the Management,Supervisory,and Confidential Employees Personnel Policies of the City of Tigard,with the following exceptions: A. Paid Time Off shall accrue at a rate based on eleven (11)years of service as of the date of this agreement,and shall continue to increase according to the accrual schedule in the Policy as it currently exists or as it may be adjusted in the future. B. Upon commencement of employment and upon July 1 of each succeeding year,the Employee shall be credited with sixty(60) hours of Paid Time Off in addition to his/her regular accrual rate of Paid Time Off pursuant to the City PTO policy. C. The Employee shall be entitled to other leave not mentioned in this Agreement which is available to all other management employees of the City as provided in City Personnel policies. D. In the event the Employee's employment is terminated,either voluntarily or involuntarily,the Employee shall be compensated for all earned and unused Paid Time Off. Section 8: Retirement and Deferred Compensation A. The City shall contribute 11%of salary to the City-provided retirement program on behalf of the Employee. B. The City shall match any Employee contributions to City-provided deferred compensation accounts up to a maximum of 3%of the Employee's base salary. Section 9: Professional Certifications,Bonding,and Professional Development A. The Employee shall maintain all professional certifications necessary to perform his/her duties required now or in the future,to include Oregon State Bar dues.The City shall also pay for membership dues to the Oregon City Attorneys Association and two(2)bar section memberships. 2 1 Page DRAFT The City shall pay for all continuing education,training,or other requirements of professional certification and shall allow the Employee sufficient paid time to complete these requirements. Once certified,if the Employee fails to maintain any required professional certifications at any time during the term of the Agreement,the Employee shall be given 90 days to obtain certification. If Employee is not recertified,his/her employment shall be terminated without any entitlement to severance payment payments provided in this Agreement. B. The Employee shall maintain any and all requirements of his/her profession and shall conduct all personal business in such a manner as to qualify to be bonded if required by the Employee's position. City shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. If Employee fails to qualify to be bonded at any time required by City during the term of this Agreement,the Employee may be terminated for lack of qualification and without any entitlement to severance payments provided in this Agreement. C. The City encourages the professional growth and development of the Employee. The City shall permit a reasonable amount of time for the Employee to attend professional meetings and seminars and shall pay for associated expenses to the extent that the expenses are reasonable and necessary,as determined by the City, subject to availability of funds and as approved in the City's annual budget. Section 10: Use and Return of City Property The City may provide certain personal property to the Employee(such as,but not limited to,cell phones,keys,etc.) for business use. All such property is and shall remain the property of the City. The Employee will preserve,use,and hold City property only for the benefit of the City and to carry out the City's business. When the Employee's employment is terminated,the Employee will promptly deliver to the City all City property in his/her possession or control in good working order. Section 11: Outside Activities The employment provided for by this Agreement shall be the Employee's sole employment. The Employee shall not accept or engage in any outside employment,including consulting or teaching but not including military service,without the prior written approval of the City Council. Section 12: Termination,Suspension,and Severance A. Termination For the purpose of this Agreement,termination shall occur when the City notifies the Employee that his/her services are no longer required and the Employee is instructed to vacate his/her position. Such notice may be given by the City at any time and for any reason. 3 I Page DRAFT B. Severance shall be paid to the Employee when employment is terminated as defined in this Section. 1. If the Employee is terminated,the City shall provide a severance payment equal to six months' salary at the current rate of pay. This severance shall be paid in a lump sum unless otherwise agreed to by the City and the Employee. 2. The Employee shall also be compensated for all earned and accrued vacation leave and other entitlement benefits,consistent with City personnel policies and applicable law. 3. If the Employee is terminated because of a conviction of,plea of guilty to,or plea of nolo contendere to a felony,misdemeanor,dishonesty,violation of City Personnel Policies, malfeasance,or misfeasance then the City is obligated to pay severance under this section. Section 13: Resignation Nothing in this Agreement shall prevent,limit or otherwise interfere with the right of the Employee to resign at any time,subject only to the provisions set forth in this Agreement. In the event that the Employee voluntarily resigns his/her position with the City,the Employee shall provide a minimum of 30 days'notice in order to resign in good standing with the City,unless the parties agree otherwise. In the event of resignation,no severance shall be paid by the City. Section 14: Indemnification To the full extent permitted by law,the City shall defend,save harmless and indemnify the Employee against any tort,professional liability claim,administrative proceeding or action,or demand or other legal action,whether groundless or otherwise,arising out of an alleged act or omission occurring within the course and scope of the Employee's duties as City Attorney unless the act or omission involved gross negligence or willful or wanton conduct under witch circumstance the Employee shall be responsible for any and all damages,costs and fees caused by the misconduct or negligence himself/herself. The Employee's actions within the course and scope of his/her employment shall be indemnified by the City until the statute of limitations has expired without regard to his/her continued employment with the City. Legal representation,provided by the City for the Employee,shall extend until a final determination of the legal action including any appeals brought by City or other party. Any settlement of any claim must be made with prior approval of the City in order for indemnification,as provided in this Section,to be available. The Employee recognizes that the City shall have the right to compromise or settle any claim, suit, proceeding or action. Section 15: Other Terms and Conditions of Employment The City may fix such other terms and conditions of employment relating to the performance of the Employee,as it may determine from time to time,provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement,the City of Tigard Charter or any other law. 4IPage DRAFT Section 16: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service,postage prepaid,addressed as follows: (1) CITY: Martha Wine,City Manager City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 (2) EMPLOYEE: Shelby Rihala 12085 SW Sagehen St. #104 Beaverton,OR 97007 Alternatively,notice required pursuant to this Agreement may be personally delivered. Section 17: General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the City and the Employee relating to the employment of the Employee by the City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. B. Binding Effect. This Agreement shall be binding on the City and the Employee as well as their heirs,assigns,executors,personal representatives and successors in interest. C. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid,the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. D. Attorney's Fees. In the event suit or action is instituted to interpret or enforce the terms of this agreement,the prevailing party shall be entitled to recover from the other party such sums as the court may adjudge reasonable as attorney's fees and court costs prior to settlement,at trial,or upon appeal of such suit or action. E. Modification or Amendments. No amendment,change,or modification of this Agreement shall be valid unless in writing and signed by the City Council and the Employee. F. Entire Agreement. This Agreement constitutes the entire agreement between the City and the Employee,integrates all of the terms and conditions mentioned herein or incidental hereto,and supersedes all negotiations of previous agreements between the parties with respect to any or all of the subject matter hereto. G. Waiver. Failure of either party at any time to require performance of any provision of the Agreement shall not limit the parties'rights to enforce the provision or provisions,nor shall any waiver of any breach of any provision or provisions be a waiver of any succeeding breach of the provision itself or any other provision. John L. Cook,Mayor Shelby Rihala Date Date 5IPage