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City Council Minutes - 10/20/2015 Cito{Tigard ■ Tigard City Council Meeting Minutes IGARD October 20, 2015 1. WORKSHOP & BUSINESS MEETING A. U At 6:36 p.m. Mayor Cook called the Tigard City Council Workshop and Business Meeting to order. B. Mayor Cook asked City Recorder Krager to call the roll. Present Absent Council President Snider ✓ Councilor Woodard* ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ *Councilor Woodard participated in Agenda Item No. 5 by telepbone. 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 —Councilor Goodhouse announced he attended the Oregon Chapter of the American Planning Association meeting and the Tigard City Council was awarded the distinguished leadership by an elected body award for the city's strategic plan. WORKSHOP MEETING—Mayor Cook said that the first three agenda items are workshop meeting items. 2. JOINT MEETING WITH THE TIGARD TRANSPORTATION ADVISORY COMMITTEE TTAC Chair Watkins gave council a handout of their PowerPoint which has been added to the record for this meeting. He and TTAC Member Halsted acknowledged Tigard staff as qualified and professional. In particular he thanked Streets and Transportation Project Engineer McCarthy for his expertise and historical knowledge, Senior Transportation Planner Brown for his new ideas and planning perspective, and Senior Administrative Specialist Patton,who keeps them all together. TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 1 of 20 Chair Watkins said their bylaws state their annual report could take the form of a meeting. Mayor Cook asked City Attorney Ramis if this was allowed and he said it was. TTAC Member Watkins outlined the five main duties of the TTAC: • CIP Prioritization—they work with staff and realize this is their number one function. They will have their recommendations to staff in early November. • Preparation of multimodal transportation system plans and corresponding transportation financing/capital investment programs • Developing funding mechanisms and sources to implement transportation projects • Traffic Safety • Giving input on project development and concept design TTAC RECOMMENDATIONS TO COUNCIL 1. Advocate for Improved Bus Service per TriMet's SW Service Enhancement Plan TTAC Member Halstead referred to a map in the handout showing TriMet's plan to bring more bus service to Tigard. He said it is similar to the SW Corridor service vision but is more about improving bus service to the community. He said what brought him to TTAC was being a bus rider and wanting to improve service in Tigard,particularly east/west service. King City to Bridgeport on Durham is often cited as a potential line. He said it is great to have walkability as the city's vision but we cannot walk everywhere. Public transit offers people the opportunity to go from one end of Tigard to the other or go to downtown Portland or Beaverton. He said TTAC wants the SW Service Enhancement Plan to happen sooner than later as we have waited for this for a long time. Mayor Cook noted that no timeframe was identified by TriMet so following up is a good idea. He added that the good news is that TriMet increased their payroll tax. The bad news is the payroll tax but now TriMet cannot come back and say they don't have money. Mr. Halsted said TTAC wants this to happen within 12 months and would like to draft a letter to TriMet with council approval. Council President Snider said it is very reasonable to push for a timeline and agreed with urging it to be live and operational in 12 months. Mr. Halstead said TTAC will draft a letter to bring forward for council consideration. 2. Implement Forward-looking Traffic Calming Guidelines and Polity TTAC Chair Watkins said traffic calming means physical measures to reduce speed. They are self-enforcing;TTAC is not talking about new speed limits. The devices range between simple striping to speed bumps. Objectives are safety,livability and integration of multimodal forms of transportation such as walking and bicycling on a street. They are working on a draft for council to consider. TTAC says this would add value to the community and can be a tool to get ahead of choke points and areas where pedestrians are jeopardized. He said their handout has some pages from the Walk Friendly Communities report card that dinged Tigard for not having these in place. He said they will also be TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 2 of 20 sensitive to administrative overhead for this program as they heard from staff that prior programs were burdensome. Mayor Cook said traffic calming engineering has evolved over time. Ten years ago speed bumps were used,then bump-outs and islands, then bump-ins. The decision not to stripe some streets was a calming method Streets and Transportation Project Engineer McCarthy came up with. He said the city has learned that the answer is not always speed humps. He suggested that the committee have variable solutions for different types of streets such as arterial or neighborhood,etc. 3. Increase Funding for Transportation-related Actions by 50% Over the Next Five Years TTAC Chair Watkins said their committee understands the cost issues but they also see the stresses the city is under.The TTAC urges council to raise the gas tax. He gave his personal opinion on reasons why now is a great time to raise the gas tax. Gasoline is currently very inexpensive and the forecast is that it will remain cheap for a while.An article is attached to the handout that indicates a change in awareness of the general population that infra- structure has not been maintained well. AAA looked at highway funding and indicates a change in sentiment. Mayor Cook said he would like to see a 50 percent increase but has no idea where it will end up. He said we need to keep advocating for an increase at the federal level as it has been 30 years since last raised. He said at the state level it falls apart at the party lines. From a local standpoint raising it only a little just fixes potholes. Tigard has a street maintenance fee so our potholes get fixed but other cities are waiting for their portion of the gas tax to arrive. The city is considering raising the Street Maintenance Fee as we discuss getting rid of the street maintenance backlog and we have added a River Terrace SDC as well as a citywide SDC to help pay transportation costs. The local gas tax just came off of the sunset period so the city could go to the public to ask if they want to do more. This will all be discussed in the next few months. He said some of this can be done locally but it will take citizens talking to their legislators and Chair Watkins offered the TTAC's assistance. Council President Snider asked if TTAC is suggesting raising the gas tax to 4.5 cents. TTAC Chair Watkins said not all of the infrastructure improvements could come from the gas tax so other sources are needed. He referred to the recent AAA study and discussions he has held with citizens that indicated people are ready to invest in infrastructure. He said the TTAC understands their suggestion is ambitious. Councilor Goodhouse asked if their proposed increase is tied to certain projects or is it just more money to work with and then projects will be chosen. Chair Watkins said it was the latter. Councilor Henderson said an important part of this is educating the public so getting the numbers correct is vital. He said they need to list projects and identify sources of funding. Council President Snider asked if they were aware of the sidewalk gaps program and if they had offered any input. Councilor Goodhouse said they heard a brief overview. Council TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 3 of 20 President Snider urged them to stay and hear the next presentation on the sidewalk gaps. He invited all TTAC members to address council. TTAC Member Halstead said he has been a member of the Tigard community for seven years. He is interested in transportation as a whole but especially transit. TTAC Member Murphy has been a citizen of Tigard for 22 years and is finishing up her first term with TTAC. She mentioned the difficulty of prioritizing projects and said it is like choosing which child to save. She said she wished more citizens could be made aware of the difficult choices that must be made because if more people knew about this they would vote. She is thinking of the future of this committee and hopes that the city can attract young people to serve on this committee. Alternate Member Esau echoed praise for the staff team,in particular Senior Transportation Planner Brown and Community Development Director Asher's work towards prioritizing the CIP. He said his passion is the SW Corridor Plan and he encouraged council to leverage Tigard's position as a likely terminus and make sure we benefit not just from the delivery of a rail system but ones that addresses traffic congestion. He said Tigard can take a strong position because,"if they do not have Tigard they do not have a plan." TTAC Member Shearer said she has seen a lot of changes in the Tigard area. She said the SW corridor is important to her due to social justice and social equity issues that we face here in Tigard for seniors,low income, students, and disabled citizens. She said Tigard needs increased TriMet service and whether BRT or light rail comes from the SW Corridor plan,we need it for our growth.We will not be able to widen 99W or I-5. TTAC Member Gooley said he has been on TTAC for about a year and started out on the bicycle/pedestrian committee. He became interested when first moving here in 2008 and taken aback by natural resources and streams and the park land added over the course of the years. He would like to connect the sub-communities in Tigard and help them build identities. Fostering the sub-communities will help people take more of a stake in their surroundings and help build backing for a desire to give more funding. Alternate TTAC Member Vasicek said he started also on the bike pedestrian committee. The city's vision is exciting for TTAC and they are seeing many things come together such as SW Corridor and Safe Routes to Schools. He said the list of projects is long but anything they can do will make Tigard a better place to live regardless of income level or neighborhood. He tipped his hat to the vision of the most walkable city. TTAC Member Bogert said he came from the bike pedestrian committee,became an alternate TTAC member,full TTAC member and has now returned to the bike pedestrian committee. He said that over the course of time being on the TTAC he has seen marked improvements on things he did not think would happen, such as new segments of the Fanno Creek Trail and Tigard Street Trail. He recognizes the huge problem coming up with the funds to complete some projects. He worries about the street maintenance backlog and the two bridges needing replacement. He hopes that TTAC can help educate the public. TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 4 of 20 Mayor Cook said he appreciates the time involved in being on this committee. He noted that Councilor Henderson has a term for it,"zealous nuts," and the more information you can share the better. He referred to Ms. Murphy's comment about having to "choose just one child"and said that unfortunately, the 121"Avenue has dangled out there for years. Other things pop up like bridge needs and while a walking path was added;the bridge fix is short term. Council President Snider thanked the TTAC for all their service. Chair Watkins displayed a slide of their planning calendar noting that they try to stay current and educated on the issues. 3. ® DISCUSSION ON SIDEWALK GAP PROGRAM Finance and Information Services Director LaFrance lead the discussion on the emerging issue of a sidewalk gap program for the City of Tigard. He said this started with Budget Committee discussions in late April about the strategic plan. Staff was instructed to put together a high level order of magnitude list of needs and costs to take care of sidewalk gaps in Tigard. He said council direction was sought so they could hone and sharpen this information and potentially make this into a program.A multidisciplinary team was assembled,many of whom are present tonight. From Finance they have Carissa Collins and Preston Beck from the GIS group. Community Development brought in Liz Hormann and Buff Brown. Public Works staff includes Michelle Wright,Mike McCarthy,Lori Faha,Aaron Rivera and Vance Walker. He said planning, streets and finance are covered and they have been meeting to develop criteria and priorities. He said they deserve credit for what will be presented to council. Senior Management Analyst Collins said one task in identifying gaps within the system was to define what a sidewalk,path and crosswalk and crossing gap were. They defined methodology, program benefits,tools used and what results came from those tools. Senior Transportation Planner Brown addressed criteria and said they were developed to help pare down this very large list. They began with Safe Routes to Schools and identified public schools and included projects within one-half mile.They looked at transit. There is a good record of where bus stops are and which ones have the major demand. Finance and Information Services Director LaFrance said after selecting criteria they looked at costing,how much it would cost to fill all the gaps and how much did they need to narrow it down. The three high-cost factors are non city-owned right of way, drainage ditches or wetlands, and high slopes. If a gap had two of the three high-cost factors,it was removed. Projects that facilitate transit or those near schools were given priority.What remained were the lower-cost projects,which had one or fewer high-cost items and would facilitate transit and schools. We took about$150 million of sidewalk gaps,representing 95 miles of gaps,six miles of trails and about 130 crossings and brought it down to 36 miles of gaps, one and one-half miles of trails and 13 crossings for$49 million,which is still substantial. TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.dgard-or.gov Page 5 of 20 A visual presentation was given by GIS Coordinator Preston Beck. He said in 2011 the city did an extensive street inventory and built in a sidewalk inventory. Sidewalks on both sides,one side or a total lack of sidewalks is indicated.They were able to build the gap base. Because it is a pedestrian system it includes trails and crossings. The Trail Master Plan showed potential trails so that was used to help fill in where a new trail might improve connectivity. Engineering staff gave input to identify potential crossings. They looked at what influenced cost. Projects that could be funded through other means were removed as were dead-end connectors which had no potential to being part of the pedestrian system. They ended up with a high-cost scenario with one or more cost indicators and includes the transit zones and school walk zones. To get to the lower cost scenario layer,anything flagged with the high-cost factors such as wetlands or steep slopes was stripped out. Mr.LaFrance said what the team needs from council is their feedback on whether they are moving in the right direction. They want to know if there are other factors they have not taken into consideration. A workshop is scheduled for November 17,with time reserved for a hearing on December 8 if ready. They will hold a more robust discussion on funding sources in November and would like to hear if council has some specific funding sources in mind. Mayor Cook asked about 121"and North Dakota streets and asked if streets with one side were excluded. He referred to 12st Avenue between North Dakota Street and Summercrest. One side has a ditch but the other side,while it may not have right of way has no ditch. Are we excluding this? He also asked about Summer Street and Summercrest Street. GIS Coordinator Beck said none of the sides have been lost. Mayor Cook said he understood why one side of 121"would be too expensive,but why not do the other side? That way people who live there can walk to Whole Foods and not be in the street. Streets and Transportation Project Engineer McCarthy responded that this is an initial first look and we are looking overall how many miles are we looking at. If we get to an actual program,we will take a look at streets like 121". He was not sure why it did not show up on the map. Councilor Goodhouse said he has spoken to many people about this and he would like to see more emphasis placed on main roads (North Dakota, 121'Avenue or McDonald Street, for example), even if it is more costly. He said his vision was to increase sidewalks on main roads to encourage more people to walk. If the city initiates a program but ignores the gaps on main roads it does not sell to public. He noticed that trails were not on the map and mentioned that a recent study showed 65 percent of Tigard residents are active and 50 percent of those work out at home and use trails for walking,running or biking. He suggested developing a 10-15-20 year plan and put this line item on the utility bill as a funding source. He advised giving citizens a list so they will know what the plan is for each year and when it will end. Council President Snider thanked everyone for this effort and Councilor Goodhouse for asking for this discussion. He said we did not know before that to build out our entire sidewalk network could cost$150 million and just knowing that is more than we knew six months ago. It is helpful just to know that. He asked how many higher priority items were left off the recommendation because it is too expensive and suggested important items should be done even if expensive. He asked if there was a separate overlay that would show what high priority things got eliminated. TIGARD CITY COUNCIL MINUTES — OCTOBER 20, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 6 of 20 Finance and Information Services Director LaFrance requested that GIS Coordinator Beck create this overlay. Council President Snider said a sidewalk program fee is the right way to pay for this. Councilor Henderson confirmed that this is about connectivity. He asked if there was a program suggestion to have the private sector pay a portion for sidewalks. He said he wants connectivity more than anything else. He noted that a line on the map near his house needs to come off because it does not connect to anything. Councilor Goodhouse thanked staff again for their work on this. He said in an informal survey he has talked with 100-150 people. He told staff,"Don't worry about sticker shock on this one." He said people say do the project and pay for it over 20 years. Folks in the priority areas are not walking because there are not sidewalks. Take care of the issues such as school crossings. Talk to principals and parents;this is a high priority and is supported. On Walk/Bike to School Day a child said to Kenny Asher,"Tigard doesn't have sidewalks." Everyone can get together on this. Council President Snider has reflected on what Councilors Henderson and Goodhouse said and what may be missing is having a major network such as the ability to walk from virtually everywhere to downtown. Is there a sidewalk or at least one sidewalk on major streets? This would create a backbone for the network system to get to one place to another. Mayor Cook summarized that staff did a great job and this information is helpful. He appreciated them being conservative but the echoing comments from council are that we focus on main streets even if we don't get as many miles. Council is saying do not worry about side streets. Council President Snider cautioned not taking out the school connections. Councilor Goodhouse asked if this takes into account bike lanes or only sidewalks. Runners and bicyclists need to use the same street. He said to keep this in mind when designing paths too because although people think paths are too wide, families with strollers or multiple users such as walkers and bicyclists need that space. He asked if there would be a bike lane and a sidewalk on 121" Avenue, for example. Senior Transportation Planner Brown said the city has a complete streets policy so if a street is worked on a bike lane will be added. Transportation Project Engineer McCarthy said a plan for 121"would include a sidewalk and a bike lane. He added that depending on where the street is there may be only space for a half-way bike lane. Trail gaps will get a path and room for bikes. Mr. Brown said Washington County is considering sidewalk gaps as a project. Councilor Goodhouse asked if the city can leverage this with the county so match money is not lost. Mr. Brown said Washington County has identified a list of roads and the city is asking for 121" avenue to be added to the list Finance and Information Services Director LaFrance said staff will bring information and a map showing major roads and the impact of bike lanes. A utility fee was identified as a potential funding source. Councilor Goodhouse reiterated that they trim some of the side roads. City Manager Wine said if council wants to include something in the next budget cycle they will need to have this ready by the end of the year. Council President Snider said he did not want to wait to discuss this in another next budget year. TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 7 of 20 4. DISCUSSION ON A PARKS AND RECREATION CHARGE Finance and Information Services Director LaFrance introduced this item which was initiated in last year's budget process. As frequently discussed, the General Fund revenues grow by 3 percent in general but costs average a 4.5 percent increase. He said a"Band-Aid" approach has been taken in the past. This year the Budget Committee wanted to take a more bold and holistic approach and from that conversation came the idea for a park and recreation charge.This would solve two large problems. The 2010 parks bond measure increased Tigard's parkland by 30 percent. Yet staff has only increased by 10 percent. There is no funding to develop and maintain these parks. The city also has a new strategic plan and Goal 4 says we will fund the vision to make Tigard the most walkable city in the Pacific Northwest. The General Fund pays for police,library, community building and parks. Six percent is used to maintain parks. The Budget Committee recommended that staff remove parks from the General Fund and put it in a separate fund modeled after a utility. This frees up $2 million in the General Fund for police,library and community building. A multi-divisional team was assembled and a consultant was hired. Mr.LaFrance showed a PowerPoint presentation,a copy of which is in the packet for this meeting. He said staff is seeking direction from council on policy issues to help develop the fee and will return at the November 17,2015 council workshop meeting for continued discussion. The public hearing to implement the charge is tentatively scheduled for January 12,2016. FCS Group Consultant Todd Chase said the purpose of the Parks and Recreation Charge (PARC)is to identify a reliable source of revenue for ongoing operation and maintenance of parks.This issue needed to get addressed because maintenance gets more expensive the longer it is deferred. The other financing mechanisms such as SDCs help construct parks but not maintain them. The parks bond expanded park land but there is currently no means to develop and maintain those additional parks. Mr. Chase said they conducted a parks utility fee survey and found good examples of cities that have adopted a park utility fee in the last ten years. He showed a slide showing aspects of the fees charged by Medford,Talent,West Linn and Gresham. Fees range from$2.95 to $13.01. Some jurisdictions have low income programs and vacancy adjustments,which keep it more of a utility fee and less of a tax. Some allow escalation. Mr. Chase said they will come back in November with eight different cost scenarios that are cumulative, starting with a base case just covering existing maintenance and operations and then some add-ons. Councilor Henderson asked for the estimated cost per household to raise the $2 million. Mr. Chase said it would depend on whether to charge residents only, and all the other cost scenarios. Mr. LaFrance said staff does not have an answer to that yet because input is needed from council. Staff will return in November with a fully—fledged program for discussion. Councilor Henderson commented that with the street maintenance fee, two-thirds is covered by residents. TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov Page 8 of 20 Policy decisions for council include basis of charge,allocation (residential,non-residential, etc.), discounts, exemptions and phase-in. Council could choose to include the introduction of a recreational program, community gardens, or seed money for new programs. Mr. La France gave council two concepts to consider: The team has proposed a base fee based on proximity to a neighborhood park. A homeowner living near a neighborhood park would pay more.Another concept is using the home size as a proxy. Council President Snider suggested keeping it simple. He said he generally likes charging those who use the parks. He referred to using house size as proxy and said there could be a 10,000 square foot home with two people living in it but a much smaller unit with ten people residing there. Councilor Goodhouse,agreed with keeping the charge basis simple. He asked to see a reduction for homeowners with a low or fixed income. He said he agrees with a business and residential mix and would like to see a few options. Mayor Cook said this idea came from Budget Committee voted for this 9-1. He said going out for a levy has advantages and disadvantages. There has to be an election and people will need to vote it in.But is tax deductible;user fees are not. Expensive houses would pay more.The simple fee being discussed tonight is the same for all households. His main concern is adding too many fees.We already have a street maintenance fee which we are considering adding to. We are looking at a sewer fee. We talked a few minutes ago about adding a sidewalk fee.And now we are talking about a park fee. He said he worries about"feeing" everybody to death but realizes we have to pay for it somehow. Tigard still has the lowest property tax in Washington County and we cannot change that because of the way the tax laws are written. He said he is not wholeheartedly in favor of this but will take everything into account. Councilor Henderson pointed out that one city councilor was not present and he wanted to make sure Councilor Woodard was offered an opportunity to be part of this conversation. Mr. LaFrance said he will reach out to Councilor Woodard. Mr. LaFrance gave council some printed outreach materials. These have been added to the packet for this meeting.The brochure talks about our parks,what we have been doing with them and that we are considering a park charge. He said there will be a survey,a video story, Cityscape articles and social media. When council meets in January staff will have feedback from the community. He also gave council a handout on the communications plan for the park charge. Councilor Henderson asked if the PRAB had been involved and said he was interested in what they think should be included and what may not be worth the money. Mayor Cook advised that anything related to parks should be run through the PRAB. Mr. LaFrance said they will ask the PRAB and correct that oversight. Council discussion will continue at the November workshop meeting. Staff will present a program proposal that keeps the basis simple and will provide additional information on options TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 9 of 20 for residential and businesses.They will show what this would be what the equivalent rate would be on a property tax. Council President Snider suggested that be done. BUSINESS MEETING—Mayor Cook announced that the next portion of the meeting is a council business meeting. Councilor Woodard participated by telephone in this agenda item. 5. CONTINUATION OF QUASI-JUDICIAL PUBLIC HEARING—APPEAL OF HERITAGE CROSSING ZONE CHANGE AND SUBDIVISION (ZON2015-00002/SUB2015- 00001/VAR2015-00001 a. Mayor Cook reopened the public hearing. b. Statement by the City Attorney regarding procedure. City Attorney Ramis recapped the process. He said the first issue council must decide is whether or not to conduct a hearing on the revised plan that has been submitted or whether to deliberate on the original plan. He said council could move to consider the original plan if not interested in the revised plan, or alternatively, as staff will explain in more detail,could find that the revision is a significant change. If council finds that the revised plan is a significant change,then under the code it cannot be considered at this point in the process.Alternatively,council could take testimony on the revised plan but the issue there is whether it is significant or not. In order to conduct a hearing on the revised plan council must have determined that it is not a significant change. c. Mayor Cook asked for declarations and challenges Declarations and Challenges -Mayor Cook asked if any members of Council wished to report any ex parte contact or information gained outside the hearing,including any site visits. Councilors Goodhouse and Snider said they go by the property frequently. He asked if all members had familiarized themselves with the application and they indicated they had. He asked if there were any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or was there a challenge on the participation of any member of the Council. There was none. d. Staff Summary—Associate Planner Floyd said council would be making decisions tonight on an application that was before them on two occasions. He called attention to three items that might aid council: 1.Two comment letters were received and these were emailed to council yesterday, One from Nadine Lutson and one from Phillip Morgan. These will be relevant if council decides to hold a hearing on the revised application. 2. There is an electronic copy of the previous applicant materials on their computer desktops for reference. Mr. Floyd also has a copy of the record in the room and the TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 13125 SW Hall Blvd.,'Tigard, OR 97223 www.tigard-or.gov Page 10 of 20 electronic folder on his computer. He noted that the last hearing on this proposal was in July. 3. A color-coded decision tree has been distributed to help guide council and those in the audience follow the process and the choices being made tonight. The blue boxes indicate procedural decisions and the red boxes indicate potential final outcomes requiring quasi-judicial decisions. Mr. Floyd said the project had been re-noticed and he received some queries from new parties. He briefly recapped the process thus far. On May 18,2015 the Planning Commission denied the application 5-1, finding it inconsistent with all three approval criteria for a quasi-judicial zoning map amendment. They also found it inconsistent with 17 Comprehensive Plan policies. On July 14,2015 council heard an appeal by the applicant. At that public hearing the record was closed and council was scheduled to make a decision at a September 8 meeting. At that public hearing council was made aware that the applicant was interested in submitting an alternative site plan and application and a decision was made to open the record.This was received by staff on September 29 and on September 30 notices were mailed. Mr. Floyd said it is a completely revised application. The main changes are that the zoning map amendment request has been reduced from 9.1 acres to 6.03 acres,a 33 percent drop and would result in split zoning on the property. Some would remain at the existing zoning and some would be converted from R-12 to R-7. With this change there is a density increase from 53 to 62 units,representing a 21 percent increase.There were proposed modifications to street improvements,notably to interior street corners and frontage improvements on Hall Boulevard. There were modifications to the project narrative plan sheets and technical studies. As noted in the Agenda Item Summary,the timing is unusual and has complicated the procedure. The first unusual thing is that it was unprompted change;Council had not yet deliberated on the matter.This was not done under council direction. The second is that it was offered after the close of the record instead of before,which would have been more appropriate in the process.The third issue is that the applicant has only extended the record until November 3, 2015 so the city is operating under a short time limitation and it behooves council to make a decision quickly. Given the three-month gap between the initial hearing and this one he encouraged council to ask any questions they had of staff or the applicant. Council President Snider asked City Attorney Ramis if council had a specific definition of what significant change meant. City Attorney Ramis replied that council does not have a definition of significant change and will have to use their judgment. He said one question might be whether this is a significant enough change for staff to require staff to do a virtually a new analysis or is it significant enough that there are issues you want the planning commission views on? He said it is up to council. Council President Snider asked staff for answers as the questions seemed relevant. TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 11 of 20 Associate Planner Floyd responded that the code does not define significant change but staff made a recommendation that there is a significant change based on metrics and timing. It is a 21 percent increase in proposed density. If looking for precedent,under the criteria for a major modification of a site development review, the city's code says a ten percent increase is a major modification. It is an increase which is causing city engineering staff to review the materials again and they have not quite finished that review. The proposal splits the property in an irregular fashion which did not get reviewed by the Planning Commission. Mr. Floyd said these changes also resulted in an entirely new application packet with new plans and narrative and all technical studies have been revised. That requires a thorough analysis of the entire packet. He said this is a significant change in staff's opinion. In terms of timing it is important to note that the public had an expectation that the record was closed. We have re-noticed the project but people may have stopped participating at this point. Council does not have the benefit of Planning Commission feedback.They are the primary decision making body for quasi-judicial map amendments;council is the appeal body. Council appointed the Planning Commission members with their expertise and knowledge to make these decisions. Without their input the alternative application is a significant change in the knowledge council has before them. Council President Snider asked if council has the authority to determine if it a significant change and remand it to the Planning Commission. City Attorney Ramis said one option is to continue the hearing and not consider the proposal;the applicant can withdraw the original and the process begins anew. He answered that the council could say it should go back to the planning commission but this runs into time deadlines. Council President Snider asked if the revision to the original application is subject to the same timeline. City Attorney Ramis said it would have a different timeline if refilled as a new application. Councilor Snider commented that this is an example of a situation where he did not feel like the formal governmental land use process established in Oregon allows an applicant, the city and the community to come to the best decision for the entire group. City Attorney Ramis added that a former Supreme Court justice in the State of Oregon once said that if anyone wanted to find a model of the most difficult, arcane and complex system of land use they would chose Oregon's. He agreed that council is struggling with a formal system with timelines that may restrict desired flexibility. Applicant Attorney Robinson said he had a procedural issue. City Attorney Ramis said the hearing was closed and if he had an objection he needed to put it on the record. Mayor Cook asked him to allow council to continue deliberation. Mayor Cook said he understood Council President Snider's frustrations. He asked council if they want to discuss the original or the alternative. Council President Snider said it is not reasonable to consider the alternative when it has not gone through most of the process. Mayor Cook discussed the process and said the first decision is to decide whether to consider the alternative or the original application. Councilor Goodhouse asked if council already said they wanted to consider the alternative by opening the record again. Mayor TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 12 of 20 Cook said we said we were willing to look at it but do not have to accept it. Council President Snider said he had hoped it would be a grand compromise between all groups and it does not appear to be Councilor Henderson said it is a significant change. He thought there could have been some other way to at least meet the density. There should be a balance to meet the density requirements. He said he was dismayed because normally the city does not go backwards with density. He understands that they are trying to match the zoning behind it but just putting R-15 at the front does not meet the requirement. Councilor Goodhouse had hoped for a more detailed explanation in the alternative on why R-7 zoning would have been appropriate. Councilor Snider moved to consider the alternative application. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and announced that the motion passed 3-2 to consider the alternative application. Yes No Council President Snider ✓ Councilor Woodard (via phone) ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ e. Applicant comment- City Attorney Ramis noted that the applicant has the opportunity to comment. Michael Robinson, 1120 NW Couch,Portland, OR 97209,is the attorney for the applicant and emphasized that the city has until spring of 2016 to make a decision. He said state law allows an applicant to extend the clock another 245 days, so from the day the application was originally deemed complete the city has 365 days to make a final decision. There is plenty of time for council or the planning commission to make a new decision without running afoul of the 120-day clock. He said the applicant will grant an extension if requested. Referring to Councilor Goodhouse's comment he pointed out that when they submitted the final written argument,they included a set of proposed findings. He said at our public hearing they would do that and we did. In addition to their final written argument there is also a set of findings demonstrating how the approval criteria were satisfied in all respects. He said they do view this as a grand compromise. They wish they could have gotten everyone to the table. They met initially with some of the city's Community Development Department staff but could not arrange a further meeting. He said they also met with Metro and pointed out the absence of further comment from Metro so whereas they might have been opposed to the prior application they appear not to be opposed to this application. He said Council President Snider summarized it nicely and these really are not great places to make the best land use decisions and what they tried to do is encourage a conversation about TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 13 of 20 how they might satisfy what the neighbors want,what staff believes is appropriate for the community and what the applicant can construct on that property. He said he hoped council would listen to them tonight and we can come up with that grand compromise that satisfies both what the public looks for and what is reasonable to construct on that property. City Attorney Ramis said since the council will hear testimony on the new materials he would now read a statement on rules and procedures for testimony. He said the staff report has been available on the city's website for one week and a paper copy has been available at the public library. He said any person may offer testimony and gave the rules for testimony. He said members of the council had been asked if they had any conflicts of interest and the answer was nay. There were no challenges to council on expert contacts or to their jurisdiction or participation. f. Staff report on their recommendation on the new materials and whether they constitute a significant change. Associate Planner Floyd said staff looked at the criteria and there is a 21 percent increase in proposed density which is a significant change requiring another look at the traffic study and other requirements. It would also change public expectations. Traffic has been a constant item in public comments and remarks about this project. The proposal would split zone the property in an irregular fashion and the line is not rational. There are reasons why it exists where it does but these were not reviewed by the planning commission. Staff finds that moving from a total zone change to a partial one is significant.The revisions are rather substantial and agencies did not have much time to review them as well. They warrant reexamination. This is a due process issue. Staff feels this is best reviewed again by the planning commission as a new application. He said it is important that projects get designed up front. As Attorney Robinson said,there was a math error in the date calculation which was pointed out to Mr. Floyd just before the hearing and there is more time to consider this. Staff recommendation remains the same,which is to reject the new materials. A discussion was held on the process and options shown on the flow chart. 0 Council President Snider asked if there had been any indication that the applicant wishes to withdraw their original application. Associate Planner Floyd said he has not heard from the applicant and would defer that question to them. City Attorney Ramis asked for clarification on council's previous motion and Mayor Cook, stated council has voted only to consider the alternative but has not made a decision on whether it is a significant change.City Attorney Ramis said there are people who will want comment on whether it is a material change and Mayor Cook said he would allow testimony. Matt Hughart, 8817 SW Greening Lane,Tigard,OR 97224, said when he signed up to speak he did not realize it could only be on whether or not this is a significant change so he did not testify. TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 14 of 20 Deena Smick, 8679 SW Hamlet Court,Tigard, OR 97224, said,"You keep saying it does not have significant change" She said in her house they call it the,"100, 50 and 60," and while not exact,this gives her perspective.The city wants the 100,the neighbors want the 50 and the developer is saying go with the 60.When the city says this is a significant change, she agrees that yes, this is significant change and why not go for it. She said the city is acting like significant change is bad and she realizes significant change causes work,but we are getting some compromise here. She said they do not want more houses because they want the new development to be like their neighborhood. The state and city want more houses. She said no one is listening to them but significant change means someone is listening She said significant change may mean a lot of work for the city but it means that the developer is moving and taking on more density. She asked if her testimony related to the question of significant change. Mayor Cook said yes, for her definition of significant change. But council's definition of legal significant change means did the application change so much from the original that they either need to reject it or have the planning commission look at it. For council it does not mean it changed from 100 to 60. Ms. Smick said council should look at it. Councilor Goodhouse reminded the public that council cannot use their feelings in this matter. They must follow state rules regarding density and it does not matter how much work they do or do not want to do. He commented that it is not a simple process. Attorney for the Applicant Robinson said he appreciated the process and it is a good attempt to try and figure out how to make a rational decision but felt it is all quasi-judicial. He said he wanted to lodge a soft objection to the process in that they would have preferred to be notified in advance that this was how the meeting would be run. He said council is not guided by state law here but by the code criteria. He said the state goals apply but he did not think anyone was talking about statewide planning goals. The principal issue with respect to the number of units is compliance with the Urban Growth Functional Management Plan which says there cannot be more than a nominal change. He said they presented evidence that the city had a number acknowledged in its plan of 6,000 dwelling units as minimum zone capacity.The change,if talking about the alternative plan,is a loss of roughly 40 units. He said under anyone's analysis that a criterion is satisfied so council should not think they are bound by that or some state law. City Attorney Ramis stated there is no definition of significance in the code and he is right. Council has a fair amount of discretion to decide in each case what constitutes significant change. Mr. Robinson addressed issues raised by Associate Planner Floyd. He mentioned 21 percent increase in density. When you are trying to address a basis for denial,and the planning commission's basis for denial was that R-12 was needed at this site, trying to adjust the number of lots to accommodate the planning commission view is not significant. He said, "We are trying to achieve what the planning commission set out to occur here." He said traffic is another metric by which significance can be determined but in this case staff testified that traffic was not an issue. He said council heard testimony from the neighbors that it was but in rebuttal staff said the system can accommodate the traffic. He did not think this could be a basis for significance now. The split zone creates an irregular line but this is TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 www.tigard-or.gov I'age 15 of 20 not significance metric. He said if council wanted to hear an explanation on the split line they could supply it but he suggested council discard that as a basis for significance. Mr. Robinson noted that Mr. Floyd said there was not enough time for staff to review this. The city's public notice for the reopened public hearing was mailed on September 30 and that is roughly 20 days before tonight's hearing. That is the same amount of time that every quasi-judicial hearing is noticed so there is ample opportunity for agencies and the public to participate. He would not encourage council to take until spring of 2016 to make a decision but noted that council is not bound by a looming deadline. He summarized that council could not find that this is a significant change because basically the street layout is the same and the lot configuration the same. What changed is the boundary line because they are trying to address the issue that staff identified which is having R-12 against Hall Boulevard. That is why the applicant drew the line in the way they did,not to mention the fact that they wanted to keep R-7 abutting adjacent lots so they could keep faith with what the neighbors said they want,which is like lots and like housing. This is not represented by R-12. Mr. Robinson's last point was that the city council always has the authority under ORS 227 and Tigard's Development Code Section 18.390.050.e.3 allows council to approve with conditions or deny an application. Council can make a determination to approve with a condition such as to leave R-12 along Hall Boulevard. He said the applicant urges council to find this is not significant and continue the hearing on the revised application tonight. Council President Snider asked Mr. Robinson to help him understand how he views this entire process as quasi-judicial when even in his own statement he agreed there is no criteria. Mr. Robinson said he did not say there were no criteria but that there was no definition of significance and he tried to give council some metrics that would allow them to apply that term in the code. He said council is applying existing law to this application so making these discretionary decisions is quasi-judicial. Council President Snider asked Mr. Robinson why,if not a significant change,did the alternative application require a 2 '/2-inch binder. Mr. Robinson said most of the materials in the binder did not change. But if council wanted to approve the compromise application they wanted to give a set of findings and a narrative. He said one of the things that come along with the complexity of Oregon land use is paper.AKS also gave revised site plans in each case to reflect the revised application. Mayor Cook noted there are 300 pages of storm water runoff and 120 pages of traffic information. He said Section 18.390 of the code says council can decide to approve it with the condition to leave R-12 zoning on Hall Boulevard so they do not need to get to significance. He said they wanted to be as cooperative as possible. Staff wanted additional information and they were happy to provide it. The weight or the volume makes it significant. When looking at the lot layout, the street configuration and the impacts it is not that different. In response to a question from Council President Snider on precedence City Attorney Ramis said the city has a code section that is intended to address these situations but no previous experience in using it. He said it is unusual to have this code section because most cities TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 16 of 20 have not addressed this problem but while being a step ahead in having language, there is no history in interpreting it or a definition. Councilor Goodhouse asked Mr. Robinson if it is not a significant change and they are confident with the original,why not stick with the original application. Mr. Robinson said they were confident with the original application but in the spirit of cooperation and collaboration wanted to offer the city council something that responded in the best way they could to staff testimony. He said council could have taken an up or down vote on the R-7 zoning. But the applicant wants to develop this property in a way that makes sense for not only for the applicant's development but for what the neighborhood wanted.They could have had a decision more than a month ago that would have allowed them to move forward with whatever they got,but they thought it important to show council that they wanted to try and address the issue. So they took the time and expense to bring it back. They feel council could still approve the R-7 zoning and that is why they provided findings with their final argument. But also,in the spirit of compromise, the applicant wanted to offer this alternative non-significant change plan. Associate Planner Floyd said many of the comments have strayed beyond the significance question into actual approval. He said council should focus on the changes between the original application and the revised applicant. Mr. Robinson spoke about traffic impacts being insignificant based on the original staff report. That was based on a subdivision design with less housing.Additional analysis is warranted. In terms of approving this as a condition,conditions are meant to address approval criteria. He was not sure this was relevant at this time. This code section is there because it prevents ends runs around the planning commission or other hearing bodies and is intended to keep due process intact. When council is considering the interpretation this section he asked them to keep the entire process and honoring the process in mind. He said he thought it warrants new review. g. Council deliberation and procedural vote on whether or not new materials are a significant change. Council President Snider moved that council consider the new materials a significant change. Councilor Goodhouse seconded the motion. Councilor Henderson asked if there could be an amendment to add a condition to bring them to a new application. The process and flow chart was discussed. City Attorney Ramis said the determination on filing a new application is in the hands of the applicant. City Attorney Ramis said if council makes a finding now that it is a significant change,the code spells out what happens next and it does not include the option of a remand. It says you continue to consider the original application and the applicant may withdraw the original application and stop that deliberation. He said the applicant can begin a new process with an alternative application and he thought that meant filing a new application. He said in theory,before council reaches this decision they could say they want the opinion of the planning commission before you reach the decision as to its significance. Mayor Cook said TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 17 of 20 this is saying we do not have enough facts so we are remanding it back to the planning commission and whether it gets appealed or not is unknown. City Attorney Ramis said council could do that but the issue of significant change would still be on the case and could be raised by an opponent at the planning commission hearing. The issue would not be resolved. Councilor Woodard said he agreed that this is a significant change and he is ready to vote on going back to the original application and continue from that point forward. Council President Snider asked City Attorney Ramis if a significant change is not found and the revised application is remanded to the planning commission,could it create a new situation that may be appealable. Mr. Ramis said council did not have the ability to end the debate on the significant change. It could be possible that everyone who has testified in this case likes the new plan and the planning commission would approve it and there would be no controversy. Council President Snider asked why such an alternative was not on their process grid and City Attorney Ramis replied that it is not in the code Associate Planner Floyd said there are options beyond the code but staff's preference is for the cleanest,most defensible decision and that it that this is a significant change. In terms of risk there are other parties that have applicable code sections that may choose to appeal any decision. He said in terms of defending the decision, sticking to the code would be the best course of action. Council President Snider asked if the applicant would need to pay more to reapply and Mayor Cook said it could be waived. Council President Snider withdrew his motion to deem this a significant change so he could propose a different motion. Councilor Goodhouse withdrew his second. In response to a question from Council President Snider, City Attorney Ramis said council can waive the application fee for the applicant but the first question is whether the applicant would withdraw this application if the city is going to provide a fee waiver for a new application. He suggested continuing this for a few minutes for a discussion with the applicant. Councilor Goodhouse asked if the applicant could be asked if they would rather stick with the original and new findings or go with the alternate. At 9:54 p.m. Council President Snider moved for a five minute recess to allow discussion between staff and the applicant. Councilor Henderson seconded and all voted in favor. Motion passed by a majority vote. Council returned at 10:03 p.m. City Attorney Ramis summarized that council had a question about whether the matter could be remanded to the planning commission for consideration of the revised application without an additional fee. He said they have identified a way to do that under the code. He suggested a motion that would find that the change is significant,and the council would in de addition direct the existing application be suspend as authorized by the code,and that the applicant would submit to the city a new application with the significant changes and in that TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 18 of 20 motion, council would also approve a fee waiver. The result would be no additional charge for a fee for the applicant and the revised application would go before staff for review and recommendation and a hearing before the planning commission. The issue of significant change would be resolved. Council President Snider moved to find the change significant, suspend the existing application,request a new application be filed and approve a fee waiver for the new application. Councilor Henderson seconded the motion. Councilor Goodhouse said he wanted to make sure the applicant was fine with submitting the revised application and not the original. Associate Planner Floyd said if the application is suspended,would it be appropriate to ask for an extension of the clock for the suspended application. City Attorney Ramis said it was his understanding is that if an application is suspended it is gone and not being considered unless council brings it up again and therefore time limits are irrelevant. He said he had no case law for that and said it may be useful to find out if the applicant agrees with that City Attorney Ramis and Applicant Attorney Robinson discussed whether,if the council suspends the original application,it would terminate any 120-day clock issues. City Attorney Ramis said his understanding of suspension in this situation was that before the existing application can be suspended applicant must consent to a waiver of the 120-day rule. Mr. Robinson said he understood that the question is whether the 120-day clock is suspended and commented that the applicant would then be"putting all our marbles on the compromise application." Mayor Cook suggested he talk to the applicant. After discussion with the applicant Mr. Robinson said their discussion with staff also included waiving a pre- application meeting and expediting their 30-day completeness review which they understand staff is willing to do. He said the applicant will consent to a 120-day clock waiver for the original application. If the revised application goes to the planning commission and is approved the applicant will go through the formal act of withdrawing the original application. Council President Snider asked if the things that the staff agreed to should be in the motion. Mr. Robinson said,"The answer is yes." Council President Snider amended his motion to include a waiver of the pre-application conference and an expedited 30-day completeness review. Councilor Henderson seconded. Mayor Cook repeated the amendment for Councilor Woodard. He called for a vote for the amendment to include a waiver of the pre-application conference and including an expedited 30-day completeness review. Yes No Council President Snider ✓ Councilor Woodard (via phone) ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov Page 19 of 20 Mayor Cook announced that the amendment to the motion passed unanimously. He asked if there was any discussion on the amended main motion. Council President Snider said he thought it was the right thing to do. Council President Snider asked for the motion to be repeated for Councilor Woodard on the phone and City Recorder Krager read the motion, as amended. Councilor Woodard said he was good with this motion and agreed it was the right thing to do. Yes No Council President Snider ✓ Councilor Woodard (via phone) ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Motion passed unanimously. Mayor Cook spoke to audience members who had been waiting to speak and said they have a new opportunity to testify and it will be at the planning commission. He noted that if it is approved by the planning commission it will not come before council. He thanked those in the audience for attending. 6. NON AGENDA ITEMS 7. EXECUTIVE SESSION -None was held. 8. ADJOURNMENT At 10:20 p.m. Councilor Goodhouse moved for adjournment and his motion was seconded by Council President Snider. Yes No Council President Snider ✓ Councilor Woodard (via phone) ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Carol A. Krager, City Recor er Attest: r Johnook, Mayor . ID Date TIGARD CITY COUNCIL MINUTES - OCTOBER 20, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 20 of 20