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City Council Minutes - 04/04/2017 City Of Tigard ■ Tigard City Council Meeting Minutes April 4, 2017 1. BUSINESS MEETING 6:30 p.m. A. At 6:35 pm Mayor Cook called the meeting to order. B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ C. Mayor Cook asked the audience to stand with him for 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—None. B. Citizen Communication—Sign-up Sheet. Scott Porter, 13970 SE Barlow Place,Beaverton,OR 97008,owner of Fido's (the world's first dog tap house),introduced himself as a new business owner in Tigard and explained that this unique hybrid business is a combination of a craft beer tap house and foster home for rescued dogs. He explained they will offer a variety of food and beer,hold different types of events and will be a place where people can come and adopt rescued dogs. Opening day will be in August. He thanked the Community Development department for their help. 3. CONSENT AGENDA A. RESOLUTION APPOINTING ERIN KIRKWOOD AND EMILY OBERDORFER AS TIGARD MUNICIPAL COURT JUDGES PRO TEMPORE TIGARD CITY COUNCIL MEETING MINUTES-April 4, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 1 of 15 RESOLUTION NO. 17-15 A RESOLUTION APPOINTING ERIN KIRKWOOD AND EMILY OBERDORFER AS TIGARD MUNCIPAL COURT JUDGES PRO TEMPORE. Mayor Cook called for a motion to adopt the consent agenda. Council President Snider motioned to approve the consent agenda and Councilor Goodhouse seconded the motion. Name Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Mayor Cook announced that the consent agenda passed unanimously. 4. CONSIDER FEE WAIVER REQUEST FOR NON-PROFIT ORGANIZATIONS Building Official Van Domelen gave the staff report on this item. Mr.Van Domelen said these requests initially came through the building department and that of the four requests submitted,only one is requesting a fee waiver to System Development Chargers (SDC) fees. Council President Snider asked if council needed to act on these separately. Mayor Cook said yes. Mayor Cook stated he does not want to compare one non-profit against another;however,not all non-profits are equal. While he thinks the single-family home is a good cause,his question is if the SDC fees were to be waived and the homeowner then chose to sell the home shortly afterwards, what would happen with the waived fees. Would the homeowner profit from those fees? Councilor Goodhouse said he had the same thoughts and asked if council could waive a percentage of the fees in lieu of the entire amount requested. Mr.Van Domelen said council has discretion to adjust any of the proposed resolutions. Mayor Cook asked if any of these fees would have gone into the Water Fund or Enterprise Fund. Mr.Van Domelen said the building fees requested on the single-family home are all Enterprise Funds and the other requests are partially general fund money. City Attorney Rihala said the City of Portland offers a reduction or a full waiver of fees for affordable housing,but they attach a deed restriction or a covenant that states if the homeowner sells the property within a certain timeframe,they have to pay back the fees. Council President Snider said the case for the single-family home waiver is compelling,but attaching a covenant would give the city some assurance. This is more comforting to him than waiving a percentage of the amount requested. TIGARD CITY COUNCIL MEETING MINUTES —April 4, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 2 of 15 Councilor Woodard agreed and suggested fully waiving the fees for the single-family home,but thinks attaching a covenant to it is a good idea. He said the other requests to him are more like a social services grant situation,and it may be a good idea to have ones like these come before council once a year instead of individually throughout the year at different times. Going forward,he said he would like to have a written evaluation process in place. This would help make the process easier. Mayor Cook said he didn't disagree with Councilor Woodard;the difficult part is that when someone gets the money they may not be ready to build if council were to waive fees only once a year. City Manager Wine said another option is for council to direct staff to come back with more information and a recommendation along with a waiver policy for council to consider these requests. Council President Snider stated that if there is a compelling public benefit and the project would not have happened without the city waiving fees,then it seems to him to be a logical thing for council to approve. Council Goodhouse added he would like to have some kind of criteria to follow and would like to see what other cities do. Mayor Cook said on the small amounts,to him,it is not a big deal,but having more information on the larger requests would be helpful to council. He said it is a tough situation and he has more trouble when it comes to requests that would have fees going into the Enterprise Fund,but it sounds like this can be resolved by attaching a covenant to it. He's ok with passing all of the requests tonight,assuming they can attach a covenant to the single-family home request. Council President Snider asked how long the covenant should be. City Attorney Rihala believed Portland's covenants were for five years. Councilor Goodhouse asked if the covenant would require full payment or if it would be pro-rated. City Attorney Rihala said Portland requires the full amount be re-paid. Building Official Van Domelen explained that in this situation,the request is coming from the foundation not the homeowner and the homeowner will not receive the benefit. The special features of the home will stay with the home and the foundation would have control over selling the home. Council President Snider said it would need to be re-paid with the proceeds from the sale of the home. City Attorney Rihala said the covenant would operate like alien,but is not alien. Council President Snider asked if they needed to bring back the single-family home request for separate adoption or if they can attach the covenant to this in their motion for approval tonight. City Attorney Rihala said council could choose to do either. TIGARD CITY COUNCIL MEETING MINUTES —April 4, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 3 of 15 Councilor Woodard suggested that after tonight staff should bring forward an outlined evaluation process, but said he would like to act on all of the requests tonight. Council agreed. Councilor Goodhouse motioned to approve Resolution No. 17-16 as amended to include a five-year covenant. Councilor Woodard seconded the motion. Deputy City Recorder Burgoyne read the number and title of the Resolution. The motion passed unanimously. A RESOLUTION WAIVING CITY OF TIGARD FEES AND CHARGES, INCLUDING SYSTEM DEVELOPMENT CHARGES ASSOCIATED WITH BUILDING A NEW SINGLE-FAMILY HOME BY THE GARY SINISE NON- PROFIT FOUNDATION FOR A LOCAL DISABLED VETERAN as amended Name Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Mayor Cook announced that Resolution No. 17-16 passed unanimously. Council President Snider motioned to approve Resolution No. 17-17. Councilor Woodard seconded the motion. Deputy City Recorder Burgoyne read the number and title of the Resolution. The motion passed unanimously. A RESOLUTION WAIVING CITY OF TIGARD FEES AND CHARGES ASSOCIATED WITH BUILDING AN ADDITION TO THE GOOD NEIGHBOR CENTER EXISTING FACILITY Name Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Mayor Cook announced that Resolution No. 17-17 passed unanimously. Councilor Woodard motioned to approve Resolution No. 17-18. Council President Snider seconded the motion. Deputy City Recorder Burgoyne read the number and title of the Resolution. Motion passed unanimously. A RESOLUTION WAIVING CITY OF TIGARD FEES AND CHARGES ASSOCIATED WITH BUILDING AN ADDITION TO THE CARING CLOSET EXISTING FACILITY TIGARD CITY COUNCIL MEETING MINUTES -April 4, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 15 Name Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Mayor Cook announced that Resolution No. 17-18 passed unanimously. Councilor Anderson motioned to approve Resolution No. 17-19. Councilor Woodard seconded the motion. Councilor Goodhouse asked if this request was from the School District and not a non-profit organization. Mr.Van Domelen said the request is from the Parent Student Organization (PSO). Mayor Cook explained the PSO is paying for this,but the School District would own it. Council President Snider asked that the material be clearer next time since the report states the Mary Woodard Elementary School and not the PSO. Deputy City Recorder Burgoyne read the number and tide of the Resolution. Motion passed unanimously. A RESOLUTION WAIVING CITY OF TIGARD FEES AND CHARGES ASSOCIATED WITH BUILDING A NEW BIKE SHELTER AT MARY WOODARD ELEMENTARY SCHOOL Name Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Mayor Cook announced that Resolution No. 17-19 passed unanimously. 5. CONSIDER LOCAL GOVERNMENT GRANT PROGRAM AGREEMENT FOR THE DIRKSEN NATURE PARK INTERPRETIVE SHELTER/RESTROOM Surface Water Quality Coordinator Staedter gave the staff report on this item,explained how much the grant is for and why the resolution is needed to move forward. Council President Snider motioned to approve the local government grant program agreement for the interpretive shelter/restroom at Dirksen Nature Park and Councilor Goodhouse seconded the motion. TIGARD CITY COUNCIL MEETING MINUTES -April 4, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 15 Name Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Mayor Cook announced the motioned passed unanimously. 6. ISLAND ANNEXATION WORK PLAN Assistant City Manager Newton explained the wok plan for the island annexation and discussed the April 5 meeting and topics for discussion. Ms. Newton said they are scheduling the hearing tentatively for June 27,the annexation ordinances will take affect thirty days once passed,and then staff is suggesting that the annexations be final three years from that date. She noted that in one area sewer is not in close proximity and homes in this area would be waiting for future development, so staff is suggesting this area be final in five years. She explained the purpose of the meeting on April 5 is for council to hear what questions,concerns or ideas people may have and then staff will do some detailed follow-up. She will send more information out in May to those who cannot attend the meeting. Mayor Cook explained how an island is formed and asked staff what other boundaries help form an island. Ms. Newton said that being along I-5 helps form an island and specific rivers and roads help form a boundary. Councilor Goodhouse suggested having applications available at the meeting and sending out more applications. Ms. Newton said if homeowners are interested, she would follow-up with them individually. Mayor Cook looked at the property tax bill and discussed the difference between being in the city limits vs not being in the city limits. Councilor Anderson asked what would happen if the owner sells the home. Ms. Newton explained annexation is based on the property not the owners. Mayor Cook discussed a situation where two properties created an island on Bull Mountain and the city put a stipulation in that stated if one of the properties sold it would automatically be annexed into the city. He said one property has since sold,but the other has not. He asked if the unsold property is part of this island annexation. Ms. Newton said she does not believe this is one of the properties they are looking at,but would check. At 7:14 p.m. Council President Snider motioned to recess and come back at a time certain of 7:30 p.m. and Councilor Woodard seconded the motion. Motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES —April 4, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 6 of 15 Name Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ IR Mayor Cook ✓ At 7:31 p.m. Mayor Cook reconvened the meeting. 7. QUASI JUDICIAL PUBLIC HEARING—APPEAL OF QUASI-JUDICIAL HEARINGS OFFICER DECISION FOR MADRONA RECOVERY CENTER—CONTINUE TO DATE CERTAIN Mayor Cook opened the public hearing. City Attorney Rihala read the Quasi-judicial Land Use Hearing Procedures into the record. Mayor Cook asked council if they had any conflict of interest or ex-parte to disclose. There was none. Mayor Cook asked if anyone in the audience challenged any councilor's participation. There was none. Associate Planner Pagenstecher gave the staff report,summarized the memo from the City Attorney,traffic impacts and use of site. He talked about the Hearings Officer's Final Order and the appeal process of those findings. Mr. Pagenstecher discussed the proposed resolution denying the appeal and the applicants building site. Mayor Cook called the appellant up to testify. Mike Conners,Hathway Koback Conners LLP,representing the appellant,said the issues for the appeal are relatively narrow. The issues on appeal are not whether or not it should be a medical center,but instead,they are appealing the Hearings Officer's decision. He said the Hearings Officer after reviewing the application,re-opened the record and asked the applicant to provide more information,and upon further review,the Hearings Officer concluded that the use does not qualify as a medical center,but approved the application upon a"director's interpretation" of the use.They believe the Hearings Officer erred in his decision,because once he made the determination that the use does not qualify as a medical center or any of the other uses that are allowed in the CP Zone,he was legally obligated to deny the application. He said there is very clear law that states you cannot defer compliance,unless you do so subject to a process of the same procedures as the underlying application,so that all participating parties have the same rights and abilities to make their case. What the Hearings Officer did was to provide for a director's interpretation,which does not provide for the same amount of procedures and protection when determining a Type III decision. He said City Code states that a director's interpretation is a separate application and is a Type I decision and can only be appealed by the applicant,and that only once the applicant has appealed the decision can it be appealed beyond city council. Mr. Conner said since his applicant is not the applicant of the application,he does not qualify to appeal the director's interpretation and does not have the same rights or the right to even participate. It is on this basis that the appellant felt compelled to TIGARD CITY COUNCIL MEETING MINUTES-April 4, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 7 of 15 appeal the decision. Mr. Conner explained that once the applicant looked at the issue,they realized they had some problems and are now trying to expand the appeal,by asking if the Hearings Officer correctly decided that it does not qualify as a medical center. He said City Code does not allow for this,that the applicant should have appealed the Hearings Officer's decision,but chose not to. He referenced the letter they submitted into the record,which responds to some of the material that came in after they filed their notice of appeal.The applicant is now trying to expand on the Hearings Officer's decision and City Code does not allow for this. He explained the appellant filed his notice of appeal early and there was still time for the applicant to file an appeal if they wanted and they chose not to. He asked council to take a careful look at how the Hearings Officer determined that; that the Hearings Officer through code defined the definition of a medical center as having inpatient,outpatient and emergency services. He said in their application,the applicant does not propose outpatient or emergency services and the only category this facility falls under is transitional housing. Mr. Conner said the scope of the appeal is limited. The Hearings Officer determined it was not an allowed use,but approved the application upon a director's decision to the use,and the appellant is appealing the subsequence process of the director making a decision as to use. Mr. Conner addressed the traffic impacts requirements and based on what he has seen from the application,he did not see any impact studies to that affect. Councilor Woodard asked if the application asked for transitional housing use vs medical center, would that be satisfactory to the appellant. Mr. Conner replied that the issue is not before council and the Hearings Officer did not conclude that,but if he had,the use would not be allowed. Mayor Cook called the applicant to testify. Zoee Powers,Radler White Parks Alexander Attorneys at Law,representing the applicant,addressed the memo from the city attorney,which talked about the procedures for the night. She disagreed with the appellant and said this is a Type III procedure and council is not restricted to the limitations outlined by Mr. Conner. Ms.Powers said they are unaware of the appellant's letter submitted earlier in the day and asked council to hold the record open for at least seven days to allow Madrona an opportunity to submit additional testimony in response. She responded to the appellant's discussion regarding State Law references and said what the director's interpretation code says,is that anyone including the applicant and those who were noticed,could appeal and the Hearings Officer made sure that anyone who participated in the conditional use process would get notice and therefore be able to appeal. She said section 18.340.20e of the code provides this right to appeal to city council and the Hearings Officer made sure of that by saying the director would have to give notice to anyone who participated. Ms.Powers explained Madrona had a pre-application last year and went before the Hearings Officer on February 13. City staff concluded the best match for use was a medical center and the Hearings Officer conditionally approved the application with the criteria applicable to medical centers,but asked that Madrona seek the director's interpretation on whether medical center as described is the best use. She said city council has the authority to make the use determination tonight without requesting director's interpretation,since the director's interpretation,if appealed would be to city council. She agreed there is an alternate path and council could refer back to seek the director's opinion,but that council has the discretion tonight to make the determination and agree with staff. Ms. Powers stated that council is tasked tonight with determining whether or not the Madrona site TIGARD CITY COUNCIL MEETING MINUTES-April 4, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 8 of 15 fits the medical center use as stated in the code. She introduced Dr. Howard who would provide explanation as to how the Madrona Center meets each of the requirements of the medical center use. Dr. George Howard,Psychologist working with Madrona,explained the Madrona Center does meet the requirements and definition of a medical center,because they provide inpatient,outpatient and emergency services. He said triage services are a key component to emergency services;starting with first responders and police. Even in the ambulance triage is taking place,they will often call the center describing the situation,seeking guidance and reassurance. He talked about emergency services and specialized skills,discussed inpatient services and what is included,what outpatient services look like and said he believes people will stay two to four weeks on average. He explained these services will be administered by a team of psychiatrists,licensed nurses and social workers, nutritionists,neuro-psychologitsts and other licensed counselors who will be monitoring and caring for patients with self-threatening and mood altering disorders,substance abuse and other serious illnesses twenty-four hours every day. Council President Snider asked what type of license the Madrona Center will be seeking from the Oregon Health Authority. Dr. Howard said they will have a license through Department of Human Services (DHS) as a child caring agency,a license through Addictions and Mental Health for Integrated Services and Support Rules (ISSR) as well as another license through ISSR for outpatient services. He said they would be certified through the Joint Commission Accreditation under Behavioral Health Rules. Council President Snider asked if they would be seeking a license for an inpatient hospital type facility from the Oregon Health Authority. Dr. Howard replied no,they are not getting a hospital license. Councilor Woodard asked if triage services would provide transportation for those patients who need to be referred to other facilities. Dr. Howard said it depends. Often times there are safety concerns and most often triage staff would be called in. Ms.Powers reiterated council has the authority to approve the site as a medical center,and the discretion to make this determination even though they are not obtaining a hospital license. She said they are looking for the description that most closely describes the nature of the proposed use. They are treating children that have serious issues and need a place like the Madrona Medical Center where they can go. The Madrona Medical Center is a"for profit" organization that will be paid by insurance companies and therefore does not meet the definition of transitional housing and the Madrona staff will not reside onsite. Ms. Powers addressed the traffic impact concerns and explained they did submit the required study including the transportation system at the time of the application and it was included in the material that went before the Hearings Officer. The engineering staff did not identify any public facility capacity issues or concerns. Ms.Powers concluded by discussing the documents attached to the letter they submitted. Council President Snider asked if they would be submitting professional fee bills and facility fee bills out of the facility or just one. Dr. Howard explained it depends. Council President Snider asked if they are providing both and billing for both. Dr. Howard said he anticipates both service fees will be billed,but they could be bundled together. Council President Snider asked if Madrona operates other facilities elsewhere. Dr. Howard said no. TIGARD CITY COUNCIL MEETING MINUTES -April 4, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dprd-or.gov I Page 9 of 15 Mayor Cook asked for any public testimony. There was none. Mayor Cook asked staff to comment. Mr. Pagenstecher said Community Development staff determined the Madrona Medical Center most closely fits the definition of a medical center as outlined in the Code. He talked about the Hearings Officer's footnotes regarding public facilities and the traffic impact study and discussed staff's memo. Mayor Cooked called the appellant back up for rebuttal. Mike Conners,representing the appellant,said they appealed the Hearings Officer's decision because it does not fit any of the allowed uses and he did not hear any argument contrary to that. Additionally, the applicant is now trying to broaden the application by asking council to decide on the whole application. The appellant does not believe City Code permits council to do this. He said he disagrees with Ms.Power's interpretation of the city attorney's letter to council that they can decide anything on appeal,and he asked council to look at the letter again to understand what it actually means. Mr. Conners explained that council's decision today would set a precedence that someone filing an appeal can raise any issues all the way up to the close of record. The second issue he addressed was the idea that the director's interpretation is the same process. He said the applicant has now submitted new evidence claiming they are an inpatient,outpatient and emergency facility,when they only claimed to be an inpatient/in-care facility to the Hearings Officer. Procedurally,new evidence cannot be submitted,it is not permutable and they object to this new evidence. Mr. Conners discussed the Hearings Officer condition that the facility shall not provide care to patients with a history of sex offence,violence or running away,and now the applicant is claiming this is an emergency service. The Appellant's fear is that they will ignore this condition. Mr. Conners said council should affirm the appeal,denying the application and let the applicant reapply once they know what they will really being doing in terms of the actual use. He believes the facility best fits the definition of transitional housing and not a medical center. The Hearings Officer got that piece correct;he only erred in the procedural piece of his decision. The appellant requests council uphold the appeal and deny the application. Mayor Cook called the applicant back up for rebuttal. Ms. Powers explained this is a Type III hearing and under the procedures outlined in a Type III hearing,new evidence can be heard and council does have the authority to make a decision. She noted they did not receive the additional written testimony from the appellant and if council has more questions, she requested they leave the record open,allowing them the opportunity to respond to all material submitted. Councilor Goodhouse asked staff how this should be zoned and where it should be located. Mr. Pagenstecher replied the C-P Zone,which allows for medical centers and that this use is allowable under this zone and fits proportionally. It is not the scale of a hospital but that of a medical office. Staff believes this is the correct location for this application. TIGARD CITY COUNCIL MEETING MINUTES-April 4, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 10 of 15 Mayor Cook asked staff what area on the map allows transitional housing. Mr.Pagenstecher said transitional housing is allowed in the CG Zone,MUCBD Zone,MUC1 Zone,MUC and MUE Zone,and MUR Zone. He explained these are generally areas around Washington Square, Downtown and along Pacific Highway. Mr. Pagenstecher said medical centers are allowed in all Commercial Zones except in the CC Zone,which is a small Commercial Zone. Council President Snider asked the city attorney what council is limited to in their scope of decision- making. City Attorney Rihala said somewhere between what the two attorneys are arguing. Ms. Rihala explained the Type III procedural rules and said that this hearing is a de novo hearing,which means "starting anew". She said the Hearings Officer decision was strange and what he did was conditionally approve based on the criteria applicable to a medical center, so her interpretation is that council can agree or disagree on that interpretation only,but they cannot make a determination of whether this meets transitional housing or medical center. She advised council to limit their review to whether or not this is a medical center. Council President Snider asked the city attorney her opinion regarding the appellant's statement that council is extremely limited and the new issues and content being raised by the applicant is not considerable. Ms. Rihala said as long as council's decision is focused on the question;is this a medical center,yes or no,then,it can be allowed into the record. City Attorney Rihala reminded council the applicant requested the record be held open for seven days and to continue the hearing to the next meeting in order to leave the record open. Mayor Cook called the applicant back up to clarify this. Ms. Powers said if council is prepared to approve the conditional use permit,then they do not need the record to be open. However,if the decision is other than to approve the conditional use permit, then they request the record remain open to allow them the opportunity to respond to the new written testimony. Mayor Cook called the appellant back up to respond. Mr. Conners said council could not conditionally approve to leave the record open or not. Council needed to decide first whether to leave the record open or not. Council President Snider said he does not want to be disrespectful to the parties,but he does not need more information to make a decision. Mayor Cook asked the city attorney her opinion on leaving the record open. She agreed with Mr. Conners,that if council chooses to leave the record open then council should not deliberate now, but if council would like to deliberate,then the record should be closed. Mayor Cook polled council on how they would like to proceed. Council President Snider and Councilor Woodard said they would like to deliberate on the item now,and Councilor Anderson and Councilor Goodhouse agreed. TIGARD CITY COUNCIL MEETING MINUTES-Apri14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 11 of 15 City Manager Wine suggested rescheduling the executive session due to time concerns. Mayor Cook postponed the executive session to a future council meeting. Mayor Cook closed the record. Council President Snider agreed this is an interesting situation and acknowledged he does not remember reading this part in the code. He said there are two-hundred licensed beds in the state that would not meet the criteria as currently written in the code, especially if the interpretation is that the word "and" means that it has to be all things. Council President Snider explained that each of these services mean very specific things and is not certain the applicant will provide inpatient services,but believes they will provide outpatient services. It sounds to him that the applicant does not know what they are really going to be doing at the site and is not quite sure how to resolve the word "and" as stated in the code,but believes it best fits the use of a medical center. Councilor Woodard said he sees this as a medical center facility as described by the applicant and can see inpatient, outpatient and emergency services all offered. He does not need to have this go to the director for an interpretation. Councilor Woodard does not have any problem classifying this facility as a medical center. Councilor Goodhouse agrees that it best fits a medical center. Councilor Anderson agreed it is a medical facility,but is concerned about overstepping the code as it is currently written. Council President Snider asked the city attorney what she thinks about the word "and" in the code. City Attorney Rihala explained that"and" means "and",and advised that council find all three services fit. Council has discretion as to what it classifies as an inpatient,outpatient and emergency service. Council President Snider said that each of the services have specific meaning and it is not up to the City of Tigard to determine. City Attorney Rihala said that inpatient and outpatient do have classifications,but believes emergency services is very broad. She explained that if council finds all three services exist, than council may determine it is a medical center,but if they find that only two or one services exist, than they must find it does not. Councilor Anderson said it probably meets two out of the three services and asked the city attorney how the director's interpretation would work. City Attorney Rihala explained,that if council requested a director's interpretation,council would stay this appeal,not make a decision on it and would have the director make an interpretation. The applicant or any other party would have an opportunity to appeal that decision and if it was appealed,it would come back to council. If the director's interpretation is not appealed,it would be binding on council. Council President Snider stated the director would be making an interpretation from the same code. TIGARD CITY COUNCIL MEETING MINUTES-April 4, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 12 of 15 Mayor Cook asked if this can be appealed to someone else after council renders a decision. City Attorney Rihala explained,the director's interpretation would not be,but council's decision would be appealable to LUBA. Council President Snider said it is hard to say this meets emergency services,but based on the general description and meaning he can see them providing inpatient and outpatient services. Councilor Woodard asked Council President Snider if he considered suicidal tendency an emergency. Council President Snider replied yes and asked if they will be handling this type of situation at the facility. Councilor Woodard explained they will be taking in mental health and drug addicted patients that will be coming to the facility in all frames of mind. He talked about various other mental stages patients may be in when they arrive at the facility who may be in critical condition. Councilor Woodard said,while these may not be the typical emergency,he considers these emergency situations,especially as a parent. Council President Snider agreed with Councilor Woodard's points. Mayor Cook agreed Councilor Woodard brought up a good point,however,he heard from the applicant there would not be a doctor onsite at all times. He asked if triage would be happening at the facility or via phone from somewhere else. Councilor Woodard said he heard the applicant say they could deal with this type of situation and it is difficult to update the code to address all possible scenarios. He sees all three services performed onsite. Council President Snider asked if the fact they have to interpret the code and make a decision,if this in itself gets them out of dealing with the word"and". City Attorney Rihala explained there are two different types of interpretation. There is an omitted use and a most closely fitting interpretation. The director's interpretation is an omitted use,which means,it does not fit any of the applicable uses and council's interpretation is the most closely fitting interpretation. Ms. Rihala corrected her earlier statement and said the director's interpretation would be appealable to LUBA because it is a Type III. Council President Snider commented that Councilor Woodard is helping him understand they could be providing emergency services. He does not like how the code for this is currently written. Councilor Goodhouse added onto Councilor Woodard's earlier statement and said mental health issues are commonly overlooked as being an emergency. Council President Snider asked about the safety issues raised by the appellant and if this raised any concerns. He asked the city attorney if council could propose additional conditions in their approval. City Attorney Rihala replied yes. City Attorney Rihala explained the Hearings Officer did hear testimony about safety concerns and he did attach a condition that addresses this. Council discussed safety concerns and if there was a need to add additional conditions to address this. City Attorney Rihala referred to the Hearings Officer's conditions on page 41,where the Hearings Officer outlined that the facility will not provide treatment to patients who have a history TIGARD CITY COUNCIL MEETING MINUTES-April 4, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 13 of 15 of sex offense,violence or running away. Councilor Woodard said he believes the Hearings Officer's conditions as outlined satisfy his concerns about safety. Councilor Woodard explained there are different levels of risk and said if facilities can get to kids and help them before they reach a high level of risk, there is a huge number of success with behavioral therapy. Council President Snider asked council if they agreed to find the Hearings Officer's conditions acceptable. Council discussed this along with whether or not the age of patients is a concern. City Attorney Rihala explained that the application before council is for ages between thirteen and seventeen and discouraged the council from hypotheticals. She said the center is not held to that indefinitely,but that is what is before council. Council discussed if there is a need to condition for additional onsite security. Councilor Goodhouse stated he feels they are getting too far into the weeds and in order for the facility to be paid by insurance; they will be required to do certain things. Councilor Goodhouse motioned to approve Resolution No. 17-20 and Councilor Woodard seconded the motion. City Attorney Rihala said the motion should include the adoption of supplemental findings. She explained that the Resolution refers to Exhibit A,and since Exhibit A was not attached to the Resolution before council she asked staff to clarify what is included in Exhibit A. Associate Planner Pagenstecher said Exhibit A contains the Hearings Officer's Final Order,the applicant's testimony, staffs use memo and public facilities memo. City Attorney Rihala said Exhibit A also contains the applicant's memo. Mayor Cook asked for an amended motion to include Exhibit A. Councilor Goodhouse amended his motion to include Exhibit A and Council President Snider seconded the amendment. Deputy City Recorder Burgoyne read the number and title of the Resolution. Deputy City Recorder Burgoyne conducted a vote. The motion passed unanimously A RESOLUTION AND FINAL ORDER APPROVING THE MEDICAL CENTER USE IN THE PROFESSIONAL COMMERCIAL(C-P) ZONE,ADOPTING SUPPLEMENTAL FINDINGS IN SUPPORT OF COUNCIL'S DETERMINATION,AND DENYING THE APPEAL OF THE HEARINGS OFFICER'S FINAL ORDER NO. CUP2016-00004/VAR2016-00004, as amended Name Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ TIGARD CITY COUNCIL MEETING MINUTES -Apri14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 14 of 15 Mayor Cook announced that Resolution No. 17-20 passed unanimously. 8. EXECUTIVE SESSION—Rescheduled. 9. ADJOURNMENT At 9:32 p.m., Council President Snider motioned to adjourn the meeting and Councilor Goodhouse seconded the motion. Motion was approved by a unanimous vote of Council. Name Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Kelly Burgo ne,Deputy C Recorder Attest. John L.(�ok M yor Date: TIGARD CITY COUNCIL MEETING MINUTES-April 4, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 15 of 15