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City Council Minutes - 10/17/2017 a City of Tigard Tigard City Council Meeting Minutes October 17, 2017 1. BUSINESS/WORKSHOP MEETING A. At 6:30 p.m. Mayor Cook called to order the City Council,Town Center Development Agency and Local Contract Review Board meeting. B. City Recorder Krager called the roll. Present Absent Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 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 A. Follow-up to Previous Citizen Communication—City Manager Wine said a letter was received from neighbors on 100`'Avenue who had strong safety concerns. Monday night, Police and Public Works staff held a neighborhood meeting and heard concerns and recommendations. The city will continue evaluating whether a resolution to neighborhood concerns involves a built solution or an enforcement solution. Council has not heard directly from 100`'Avenue neighbors at council meetings but there have been years of correspondence about traffic issues on this street. B. Tigard High School Envoy—Tigard High Associated Student Body Vice-President Sierra Kruse updated council on activities and events at the high school. She reported on the welcome back breakfast for staff. An open uric night featured poetry and other concert items. Two thousand positive-thought notes were placed in textbooks distributed to students. A redefined mental health conversation was held that included music and an art show. The marching band swept all categories at the Southridge competition. The Homecoming parade will be held October 20 and the dance on the October 21. TIGARD CITY COUNCIL MEETING MINUTES— October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 13 C. Tigard Chamber of Commerce—CEO Mollahan gave updates on Chamber activities. The Leadership Tigard class focused on history, culture and diversity day with a program at the library, a visit from the Washington County Travelling history museum,and a tour of the John Tigard House. Mayor Cook gave a 1960s forward history update. The 2017 class helped with project Homeless Connect last weekend and 118 participants were served. October 29 will be last Tigard Farmers Market day for the year and features trick or treating with vendors. They are looking at off-season craft and gardening classes. The Tigard Downtown Alliance reports that the Downtown Tigard Street Fair was a huge success with 170 vendors and an estimated 7500 attendees. Trick or Treat on Main Street,is from 4-6 p.m. on October 31. Mayor Cook mentioned the Howloween dog costume contest at Potso Dog Park on Saturday; October 29;registration is at 10:30 a.m. and the contest starts at 11:00. D. Citizen Communication— No one signed up to speak. 3. CONSENT AGENDA: (Tigard City Council) — A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MEETING MINUTES • August 8,2017 • September 12,2017 Councilor Woodard moved for approval of the Consent Agenda and Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion to approve the Consent Agenda passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook called the Town Center Development Agency to order. TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 13 4. TOWN CENTER DEVELOPMENT AGENCY-JOINT MEETING WITH TOWN CENTER ADVISORY COMMISSION Redevelopment Project Manager Farrelly said the Town Center Advisory Commission is a group of volunteers that makes recommendations on urban renewal policy,budget and implementation to the Town Center Development Agency. He showed a slide of the Urban Renewal Plan Priorities for the City Center for 2017-2022. • Plazas and Public Spaces • Public Restrooms (hopefully in the Tigard Heritage Trail area) • Improvement Programs (facade,interior, etc.) Tigard Cleaners and Kepler Upholstery are recent awardees and are in the process of facade improvements. • Planning and Development Assistance (focus on workforce and affordable housing) • Property Acquisition (land banking for redevelopment) • Streetscape Improvements Mr. Farrelly said projects already underway in the current Capital Improvement Plan (CIP) include Main Street Green Street,Fanno Creek Remeander and Bridge Replacement, and Commercial Street Sidewalk (Main Street to Lincoln Street). He said the TCAC members will present an update of current and future activities. TCAC Chair Arendes shared with the TCDA what has been going on and what they are working on currently in the downtown. She mentioned this is their last downtown-exclusive discussion and they look forward to working on the Tigard Triangle urban renewal area. Many fun summer events happened downtown and more are planned for fall. The Saxony property on Fanno Creek was demolished and the site is being cleaned up,making it a wonderful commercial use opportunity. She said there is a lot of private investment that the TCAC can assist with. Recent projects include the new sidewalk dining in front of the Beach Hut, and the Tigard Tap House ADA accessibility and addition. The TCAC spent some time learning about walking and parking in the downtown area and have been tracking the development of managed public parking policies,which are important for the downtown. She said they are well situated to keep the ball rolling and get more new and exciting things happening in the downtown,but there is always room for improvement and TCAC members will discuss some ideas tonight. Co-Chair Rogers spoke about the TCAC's year-end recommendations which are centered around creating a destination to encourage people to come downtown more frequently and throughout the entire day. She said the city needs to continue to invest in projects that activate the entire Main Street corridor. There needs to be a balance of shopping,living, dining and activities.The Facade Improvement program makes businesses more inviting and gets people's attention as they move through downtown. Dining opportunities,whether brick and mortar or food carts,bring people downtown more often. The TCAC wants additional housing options, especially affordable housing. Plazas would enable concerts and movies. The TCAC has learned that providing an interesting and safe walking experience is what makes people want to come downtown.One idea is an LQC (lighter, quicker, cheaper) project to provide lighting on the Fanno Creek trail and parking lots. Prominent directional signage that points people to parking or destinations is key as are parking lot improvements. Some downtown parking lots are partially paved or only have one access point. TIGARD CITY COUNCIL MEETING MINUTES— October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 13 From a CIP perspective the TCAC prioritizes walking safely citywide, especially in downtown,but they recognize this is a citywide issue. There was a recommendation in 2015 to work on Hall Boulevard sidewalk gaps yet these still exist,hindering those who want to travel to downtown by walking or biking. 19 TCAC Member Myshak said the SW Corridor is a big part of the city's future and is a topic a number of TCAC committee members take an interest in. Not only does it relate to their roles in the urban renewal district but it impacts their community as a whole with route choice,impacts on businesses,neighborhoods and affordable housing. He said TCAC members are active in planning and educating themselves about the SW Corridor through participation on the SW Corridor Community Advisory Committee,affordable housing events,land use initiative program and the Tigard Downtown Alliance tour of the Milwaukie Max line. The TTAC sees the benefit in connecting the two urban renewal districts by bringing the Max line through the Tigard Triangle with multiple stops and tying it into downtown Tigard near the transit center station. This route will allow the city to partner with Metro,TriMet,local businesses, developers, community leaders and affordable housing experts to best utilize our tax increment financing to better build the local economy. He said the Tigard Triangle footprint is the same size as the core downtown Portland area and this significant size means the TTAC feels that multiple stops in the Triangle are crucial. Bringing the Max to the downtown will connect these two growing areas and provide residents and the work force with multiple convenient access points to mass transportation modes to travel to a variety of destinations. Not connecting the NfA1 line to these other modes of transportation would make the line disjointed and inconvenient for riders wanting to transfer to other modes. The SW Corridor project also gives the city opportunities and potential funding to address the lack of affordable housing. Building affordable housing near Max stations has a benefit to those living there to connect to grocery stores in the Triangle, and access to the post office,banking, drug stores, restaurants and other amenities provided in the downtown. TCAC Member Shavey spoke about the Tigard Street Heritage Trail Outdoor Museum. He said this was the place to spend the downtown funds from the parks bond on a new city center. He said Rotary Plaza will be a great area for people to gather for festivals, events, eat or meet friends for coffee and enjoy the downtown together. He said the city has already received a Rotary Peace Pole and clock and suggested finding individuals, families, church groups and organizations to donate and participate in transforming this area. He mentioned that so far, two Rotary groups, the American Legion,Downtown Tigard Alliance,Chamber of Commerce and many residents are already participating. The TCAC supports finding a way to fund public restrooms and a small water feature for this area. He asked Chair Cook for a photo he has of a small water feature. Mr. Shavey added that work on the design documents is 30 percent complete and basic construction work on the trail and plaza will be complete next summer. $150,000 in urban renewal funds will help build Rotary Plaza. He gave TCDA members some written material that has been added to the packet for this meeting. TCAC Member Pinzon-Marin added that the TCAC wants to ensure that projects,development and investments prioritize equity in terms of both housing and business,making sure that Tigardians of all backgrounds can benefit and have access. She said this potentially includes looking at unique business opportunities such as reserving space for micro enterprises. TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 13 Chair Arendes said TCAC Member Pinzon-Marin made a good point that there are a lot of opportunities for people that already call Tigard home as we move forward developing these areas but there are also some risks and the TCAC wants to make sure that everyone who lives here benefits from the growth. She said a balance is needed between giving Tigard Triangle all it is due while still keeping an eye on the downtown Tigard ball. She said they were interested in hearing suggestions and ideas from the TCDA. Director Snider referred to Ms. Pinzon-Marin's points and asked if the TCAC intended to make specific recommendations on actions the city could take on those points. Chair Arendes said they can work on that and Director Snider asked that it be something that is taken on for next year's goals so the city has some action recommendations. Chair Cook followed up on some funding comments. He said as part of the SW Corridor there will be regional funds as well as federal funds. In November of 2018 or 2020 the region will be asked to help fund the SW Corridor and the way that funding currently stands is there will also be funds that will go towards other regionally significant road projects in the three counties. In Washington County,Tigard's portion is planned to be used on Hall Boulevard from Greenburg Road all the way to Durham Road, even though part of that is not in the city. In addition,part of Beaverton's money would also go towards Hall as it continues into Beaverton. He noted that many citizens think the city is ignoring Hall Boulevard but it is a state highway and not the city's responsibility. ODOT maintenance prioritizes Highway 217 or 99W, so Hall often falls off the funding list. It is an "orphan highway" that Tigard could take over as soon as one year from now. Chair Cook said the road projects must be shovel-ready and be built within 5-7 years. He noted that fixing Hall Boulevard is about a $19 million project and he wanted the TCAC to know there is some progress being made on this. Director Woodard said the TCAC goals are on the right track. He said activation of space is the biggest issue. There is a Rotary Plaza but it is a small area and there is another opportunity in the downtown that could also be used for a public use space. He noted that at the National Park and Recreation Association Conference it was discussed that kids activate spaces and while splash pads are all right, outdoor gyms are the big thing now. Placing quad press machines so users are facing each other makes it a social activity. This costs less than a building to house the equipment. There can be spots for active adults and individuals in wheelchairs. There is equipment for all ages and abilities that can be placed in an outdoor,public space. He suggested that TCAC talk to the Park and Recreation Advisory Board and share the plaza ideas with them. Director Woodard said the League of Oregon Cities said educational dollars are available by partnering with schools,perhaps for an after-school program that uses this equipment and emphasizes outdoor fitness. TCAC Member Shavey said he would like to discuss this further with Director Woodard. Director Anderson said what he would like to see is more going on in the downtown at night and on weekends. These times are when the downtown is underutilized. He said with urban renewal you start with housing first and once that is in place we can start attracting restaurants and nightclubs. Redevelopment Project Manager Farrelly said the TCAC is currently recruiting for new members. Applications are due November 13, 2017. TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 13 Chair Cook reconvened the Tigard City Council for the remainder of the meeting. 5. QUASI-JUDICIAL PUBLIC HEARING—REMAND OF BASE CAMP LLC LAND USE APPLICATION A. Mayor Cook opened the public hearing. B. City Attorney Rihala read the hearing procedures, a copy of which has been added to the packet for this meeting. C. Mayor Cook asked the members of council if they had any conflicts of interest or ex parte contact. There was none. D. Mayor Cook asked the audience if anyone challenges any of the council member's participation. There was none. E. Assistant Community Development Director McGuire and City Attorney Rihala gave the staff report. This involves a land use case the council reviewed and approved last November for a medical office building near the corner of 72'and Dartmouth Street. A number of issues arose including whether an extension of Elmhurst Street onto property owned by a different property owner south of the site was a requirement of the Development Code. Based on findings and testimony, the council decided that the extension was not required and approved the application. The neighboring property owner appealed that decision to the Land Use Board of Appeals (LUBA). LUBA had several options; they could have accepted the city council's decision or overturned it. In this case,they held a hearing and picked out two specific criteria that they felt needed more information which would create stronger findings. It was remanded back to the city to give an opportunity to strengthen the findings. Staff prepared alternate findings for council review and approval. These findings better support staff's initial belief that the applicant is not required to extend the street. The findings are extremely detailed now and document the basis for the decision. Councilor Woodard asked for clarification on the Community Development Code section that is applicable and Mr. McGuire stated it was CDC 18.620.020. LUBA also cited 18.810.030.H.1 but staff finds that those two sections are in conflict and it states in the Triangle Plan District Chapter that when there is a conflict the Triangle standards rule. Council President Snider asked if those were in place when this applicant applied and Mr. McGuire said yes. Assistant Community Development Director McGuire noted that staff received a letter from the applicant for the record and this was distributed to council prior to the hearing. Councilor Woodard asked a question about connectivity and Mr. McGuire said the current Transportation System Plan has no connection required to Elmhurst Street. Mayor Cook asked staff to summarize the differences between the original findings and the current ones and asked how the findings are being strengthened. Assistant Community Development Director McGuire said we are asking LUBA to eliminate previous findings and replace them with the current ones. It is not so much that it is different but we are more clear and specific this time around. TIGARD CITY COUNCIL MEETING MINUTES— October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 13 City Attorney Rihala said the conclusion that the street connection was not required existed in the previous decision as well but the strengthened findings clarify the code provisions on which the city is relying. LUBA identified gaps in the prior findings and this fills in those gaps with eight pages of findings. Councilor Woodard noted the term, "slip opinion" and asked for a definition. City Attorney Rihala said that is a LUBA citation. Before the LUBA opinions are codified in their book they are called slip opinions. F. Applicant Testimony—Dana Krawczuk from Perkins Coie, 1120 NW Couch,Portland, OR 97209 testified. She said there is no change in what council decided in November of 2016;it was only why or how council made the decision. LUBA did not say the city was wrong;it just said please explain a little bit better. She said the findings are comprehensive and make alternative arguments because LUBA can be very picky in its analysis. Staff came up with alternatives and that is why there were so many pages of findings. The critical point is that the findings clarify some of the facts. The crux of the issue is that because there is no street to connect to, a street is not required. But there is a pedestrian connection required so connectivity is achieved in that way. She said the Lean Code is not applicable to this application because it was filed before the Lean Code was adopted. But it shows the direction the city is going in and the map adopted under the Lean Code does not show a street connection at Elmhurst. So the decision has been made through a different form with this map. Ms. Krawczuk said she was not sure if opposition will continue and they are perplexed as to why opposition is occurring. The findings are very clear that because there is no road there is no connection required for this project or to subsequent projects when there is no 74' Avenue. She said they are interested to hear if opposition will continue. Compass Oncology is very interested in the site and work has begun on the site. They are very interested in providing high-quality cancer care and high-wage jobs and this is what their letter of support says. She said their representatives are present if anyone had questions. G. Bill Kabeiseman,Bateman Seidel, 888 SW Fifth Street, Suite 1250,Portland,OR,said he represents Gordon R. Martin,Trustee of Tri-County Center Trust which owns several properties adjacent to this site. He said they opposed it last time,took it to LUBA and are back here again. He had written materials he would distribute after his testimony. He mentioned that this matter was remanded in July and he and his client heard nothing from the city until last Wednesday and the deadline for submittal into the meeting packet was Thursday. They had limited opportunity to go through the findings and submit written comments in time. He referred to an earlier discussion with the Tigard Town Center Advisory Commission tonight about urban renewal and the SW Corridor and they discussed the connectivity and amount of use in the Triangle. A TCAC Commissioner noted that the Triangle is the same size as downtown Portland. Downtown Portland's block connectivity is 200 feet. This is 900 feet if this does not change. He asked that council keep this in mind. Mr. Kabeiseman said they attempted to resolve issues with the applicant during the summer and had extensive discussions but were not able to do so. When his client first looked at this TIGARD CITY COUNCIL MEETING MINUTES— October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 13 application he had no intention of objecting to the development,but he also assumed the city would follow its code He read from the supplemental findings,"Given 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 72nd Avenue." He continued,"You said,and we would agree with you, that the street spacing standards would require that." It is over 900 feet from Dartmouth down to Hermosa. The maximum is 530 under 18.810 or 660 under 18.620. He said they do not conflict because you can comply with both. LUBA agreed with that. They said the 900 foot street separation does not comply with CDC 18.810.H.l. Both the city and LUBA say the way this current layout happened is not consistent with the code. The staff findings have the same issue and will be rejected again if this goes back to LUBA. Mr. Kabeiseman said they do not want to go there and do not think they should. Mr. Kabeiseman suggested that council should back up and look at the approach staff took to strengthen their findings, saying it is the wrong approach. The city should look at the street connection findings,ask what they want to do there and how to make it work. He pointed to the Tigard Triangle Strategic Plan which shows this street connection. He acknowledged it is not part of the Tigard's Comprehensive Plan,yet the street is also shown in the Tigard Triangle Urban Renewal Plan as Transportation Project No. 2, 74"Avenue running from 99W all the way down to Beveland and Hermosa. He said it is not part of the Comprehensive Plan but that is not critical. The code implements the plan. Your code says street connections no more than 530 feet in distance are needed. In Tigard there are any number of streets that will need to meet this and that do not show up on the Comprehensive Plan map. He said, "Ignore the Plan;your code requires street connections." This is buttressed by the plans adopted. Mr. Kabeiseman said there is an alignment that perfectly complies with code.The slope was an issue but in the February 2016 pre-application meeting, city staff met with Laurence Qamar, a planner hired by the city who said there is an easy road that makes sense and provides a connection. It was submitted last time and we still feel this is the way to connect things. It shows how this street can be created,with a reasonable grade,comply with the code and benefit the greater Triangle and this property owner. At present the owner is not using his 72'Avenue frontage whatsoever;he accesses through the Wal-Mart parking lot. Having a new road that gives it frontage actually benefits this property owner whether they want to acknowledge it or not. Mr. Kabeiseman said the city is digging in its heels that this approach does not give credence to the plans it is adopting or the future it has indicated is appropriate for the Tigard Triangle. He asked that council step back, look at the urban renewal plan and Triangle Strategic Plan and let them inform the decision on the code. He said the city's code says it must impose certain street spacing standards and there is no reason for this applicant not to comply with the code. H. Staff Response -Assistant Community Development Director McGuire said this argument has been running for quite some time and we are in disagreement over how these two code sections apply. We think we have the correct interpretation and the findings to back that up. The question about what we want to do there is very clear in the information that will come before council in a few weeks,which is the update to the Tigard Triangle and where council TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 13 will adopt the zoning maps and an updated Transportation System Plan. The Transportation Plan shows no road connection from Elmhurst to the future 74`"but it does show a pedestrian/bike connection. That is the vision coming out of the Triangle that is essentially policy-wise what the city is looking towards. Mr. Kabeiseman called a point of order and noted that Assistant Community Development Director McGuire was pointing to a plan that has not yet been adopted and adding it to the record. Mayor Cook said he stated the plan was not yet adopted. Mr. McGuire added that he was responding to a question that was put to council by the appellant. Mayor Cook followed up with two questions on the physical distance from Dartmouth to Elmhurst and the distance from Dartmouth to the east end of the property on 72°d Avenue which is the applicant's property. Mr. McGuire said he would need to look it up. I. Applicant Rebuttal- Ms. Krawczuk responded to Mayor Cook's questions on distance and said Elmhurst Street is 560 feet south of Dartmouth. That is why findings say there is a conflict between but the Tigard Triangle says it may be further apart. She said they do not really have a rebuttal and commented that what they have done is provided council with a solid interpretation. The appellant has a different opinion. Council can make the choice. She encouraged council to take a straw vote to see how everyone is leaning and take the time to make sure there are no additional findings. Council President Snider asked when the applicant was notified of the city's intent to move forward with this hearing. Ms. Krawczuk said there was a lot of back and forth discussion as they tried to find time on the city council's agenda and she did not remember the exact date. Council President Snider asked when the applicant was given information about this hearing date and provided a copy of the findings. Mr. McGuire said staff went by the minimum notice requirement and sent it on October 2,2017. Council President Snider asked if the appellant was provided with information at the same time. Mr. McGuire said yes, all parties were notified. Council President Snider said LUBA is saying that we didn't do things right yet there is no copy of the LUBA decision in Council's packet. He said council should have a copy. City Attorney Rihala said it was not included in council's packet but in the future they certainly can. She said they only remanded the city on a limited basis and upheld the city's decision on all other grounds. She said, as the applicant stated,in the decision LUBA did not address the merits; they just said it is unclear—go back and do it again. She said she was not sure there was a lot of guidance to be taken from their decision. Council President Snider said council is taking action and would like to know what they are taking action on. City Attorney Rihala said council can certainly be provided with a copy. Mayor Cook asked to be walked through when the city would require a street to be built using the 530-or 660-foot requirement. Since this is less,it would not require a street. Mr. McGuire said that was correct. Mayor Cook asked if it was 200 feet would it be required. Mr. McGuire said there are other factors, such as topography. Mayor Cook said it doesn't even go 500 feet and is shorter than both others,but at some point it is 900 feet to the next street. At some point we will have a requirement to put in another road in there even though it is not in the TSP. Mr. McGuire replied, "Not necessarily." He said a lot depends on the facts TIGARD CITY COUNCIL MEETING MINUTES— October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov ( Page 9 of 13 someone is proposing and what the situation is on the ground. That is why the City has engineering staff review and consider other factors such as sensitive lands.We've made connections through bike and pedestrian connections. Mayor Cook said, "As it currently stands,with no 74`h Street in there and if he develops the next parcel up,you're telling me in their pre-ap or design review they will not be asked to put in a street?" Mr. McGuire said if it came in tomorrow,no. Mayor Cook gave a 15-20-year scenario where redevelopment happens and 74`'runs from 99W,Winco redevelops, the theater redevelops,and Wal-Mart closes and something else goes in. He asked,"At that time,if someone decided to develop the parcel next to this,would a street be required? Or are we back to facts and circumstances such as slope?" Mr. McGuire speculated on policy decisions, and what will be proposed to council is a TSP that does not show a connection other than pedestrian and bicycle, and the way that the Lean Code is set up a street would not necessarily be required. Councilor Goodhouse commented if someone wants a road they can build it;the question is whether it is required and who has to pay for it. Councilor Woodard recollected an option about provisions on whether or not a road could go through when Wal-Mart was built. Assistant Community Development Director McGuire said there was no mention of a road although there have been several brainstorming sessions looking at different options. Councilor Woodard asked if there is anything within their land use that says,based on their agreement,no road can go through. Mr. McGuire replied, "Not in that decision." Mayor Cook noted that the city can condemn any property if it will be used for a public purpose,which a road could be. Councilor Goodhouse called a point of order and noted that the applicant was at the stand but council was asking staff questions. Mayor Cook said he announced that staff could ask questions of either the applicant or staff. Councilor Woodard said he did not understand a "road to nowhere," that is not in the TSP or Tigard Triangle Plan. He asked Assistant Community Development Director McGuire who redid the findings. Mr. McGuire said staff generated them. Councilor Woodard asked if that included the Community Development Director Asher's and City Attorney Rihala's input and Mr. McGuire said it did. Mayor Cook asked Ms. Krawczuk if she was requesting additional time for findings. She said they do request additional time for findings so they can review the packet that was provided. She returned to the question about what the Target decision required and said they know that there was no public access easement nor public street required. It is private property and no road, no 74`h Avenue was required. No provision was made for a future connection. City Attorney Rihala said process-wise because the applicant requested additional time to go through the comments raised tonight and also the written testimony, she suggested continuing the hearing until October 24 and deliberate at that time. Council President Snider said council is not prepared to deliberate and asked to see LUBAs remand materials. Councilor Woodard moved to direct staff to prepare findings as discussed for council adoption at its October 24,2017 meeting. The motion died without a second. TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 13 Councilor Goodhouse moved to continue the hearing until October 24,2017. Council President Snider seconded the motion and it passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 6. CONSIDER RESOLUTION TO AMEND BUDGET COMMITTEE BY-LAWS TO REMOVE TERM LIMIT The staff report was given by Finance and Information Services Director LaFrance and Confidential Executive Assistant Lutz. Ms. Lutz said during last year's budget cycle it was suggested that eliminating the two consecutive-year term limit in the bylaws would bring greater continuity to the Budget Committee to carry out Council and Budget Committee financial goals. 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 by-laws state that in order to take action,there needs to be a majority of Budget Committee members present.This change in the by-laws will mean that at least six votes of the 10 voting members are required to take action. Councilor Anderson moved to approve Resolution No. 17-43. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 17-43—A RESOLUTION OF THE CITY OF TIGARD TO CHANGE THE CURRENT BUDGET COMMITTEE BY-LAWS, SECTION IV-TERM OF OFFICE SO THAT THE TERM LIMIT RULE IS REMOVED AND TO CORRECT SECTION VI PERTAINING TO RULE OF BUDGET COMMITTEE MAJORITY TO CORRESPOND WITH OREGON BUDGET LAW Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 11 of 13 7. CONSIDER AUTHORIZING A BILL OF SALE TO PORTLAND GENERAL ELECTRIC FOR STREETLIGHTS ON BURNHAM STREET AND MAIN STREET Public Works Director Rager gave the staff report. When the LED lights were installed staff evaluated how the city wanted to address maintenance of streetlights long term. Prior to 2014, Portland General Electric (PGE) offered three options for ownership and maintenance. Option A -poles and fixtures owned and maintained by PGE,with the city paying for energy and maintenance costs. Option B -poles and fixtures owned by the city,but PGE maintains with the city paying a maintenance fee. Option C -poles and fixtures owned and maintained by the city. PGE is eliminating Option B and any lights converted to LED would need to shift to Option A or C. The city evaluated the costs and found it did not make sense for Public Works to add staff with expertise and also purchase or lease tall enough boom truck equipment. Mayor Cook asked about converting all streetlights to LED. Public Works Director Rager said two of three types have been converted. PGE has approached the city about converting the residential streetlights on wooden poles and the city is working with PGE to convert them to LED. The streetlights on Burnham and Main Street were purchased by the city and to shift them to Option A, PGE will purchase the lights. Council is being asked to consider authorizing the bill of sale. Councilor Goodhouse moved to authorize a bill of sale to Portland General Electric for streetlights on Burnham Street and Main Street. Councilor Anderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ S. CONSIDER CITY ATTORNEY EMPLOYMENT AGREEMENT City Manager Wine gave the staff report and said the city attorney employment agreement is modeled on the agreement all city directors have. The salary range is above mid-point and there are two minor changes from the draft agreement council had in their meeting packets. A payment for dental benefits for COBRA was added and the word,"not"was added to a section so it now reads that the employee would not receive severance when dismissed for a felony. City Manager Wine said Ms. Rihala will begin employment on October 23. Councilor Woodard asked about the full burden rate of the proposed salary. Ms. Wine said it is in the 30-35 percent range. Councilor Goodhouse moved to authorize the mayor to sign the city attorney employment agreement. Councilor Woodard seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES— October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 13 Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION At 8:16 p.m. Mayor Cook announced that the Tigard City Council was entering into an Executive Session to review and evaluate,pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the city manager,under ORS 192.660 (2) (i). He said the City Council will adjourn from Red Rock Creek Conference Room after the Executive Session. The Executive Session ended at 8:42 p.m. 11. ADJOURNMENT At 8:42 p.m. Councilor Goodhouse moved for adjournment. Council President Snider seconded the motion and all voted in favor. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Carol A. Krager, City RecoWder Atte John L. ook,Mayor Date:_V-9hy TIGARD CITY COUNCIL MEETING MINUTES— October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 13 of 13