Dear Mayor Bubenik and Tualatin City Councilors,

The latest draft of Resolution 5937-25, affirming the ARB’s decision to approve Lam's TUX project, includes 50 pages of legal analysis written by Lam's attorneys. Inclusion of this text (Exhibit 3) in the resolution is troubling, inappropriate, and problematic. Therefore I respectfully request that this language be removed from your draft resolution prior to adoption. If this resolution is adopted as written, Exhibit 3 would make it extremely difficult to resolve Lam's noise issues at the local level.

During the TUX hearings, the public was told that the land use process is not the appropriate venue to seek relief from Lam’s existing noise violations. City Staff, the City Attorney, and the Mayor have all directed community members to resolve this issue through the code enforcement process. However, Exhibit 3 misinterprets and ignores key sections of the Tualatin Noise Ordinance, and including these mistakes in the Council Resolution will make the code enforcement process even more challenging.

Oregon law requires the City Council to be an impartial judge in land use cases, and it is not appropriate for your land use decision to be written by the Applicant.

Exhibit 3 was not included in the public hearings and it was just posted on the City website days before the upcoming Council vote. The timing of this release does not provide adequate opportunity to read, digest, and respond to the 50 pages of legal arguments presented therein.

In the interests of transparency, I would also ask that the entire Exhibit 3 document, including its cover letter, date, and author(s) be included in the public record.

Thank you for your consideration.