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City Council Minutes - 02/23/2021 o ° City o Ti and City Council Business/ TCDA Meeting Minutes February 23, 2021 EXECUTIVE SESSION At 6:30 p.m. Mayor Snider announced that the Tigard City Council was entering into an Executive Session to discuss real property negotiations under ORS 192.660(2)(e). The Executive Session ended at 7:00 p.m. 1. BUSINESS MEETING A. At 7:34 p.m. Mayor Snider called the City Council&Town Center Development Agency meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Shaw ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ C. Mayor Snider asked everyone to mute their mics and join him in the Pledge of Allegiance. A flag was projected on the screen. Mayor Snider called for a moment of silence for the over 500,000 people who died from COVID-19 over the past year. D. Call to Council and Staff for Non-Agenda Items—None 2. PUBLIC COMMENT A. Public Comment—Written: Mayor Snider said one written comment was received by the noon deadline, from Jilian Saurage Felton in favor of rezoning the Aman property. B. Public Comment—Phone-In: Mayor Snider announced that the phone number to call for public comment was 503-966-4101 and anyone interested in testifying for Agenda Items No. 3 and 4 should callin at the beginning of those hearings. TIGARD CITY COUNCIL MEETING MINUTES — February 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 8 C. Follow-up to Previous Public Comment—Assistant City Manager Nyland noted that two weeks ago a caller requested more information on how the Urban Renewal Fund and General Fund relate to each other.A response was made within 48 hours and continued discussions were held with him to provide information on the logistics of the urban renewal program. The resulting discussion was helpful both to the constituent and to staff and Council. 3. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE ALLOWING FOR THE IMPLEMENTATION OF 20 MPH SPEED ZONES A. Mayor Snider opened the public hearing. B. Hearing Procedures—Mayor Snider announced that anyone may testify by phone and may call in to get the queue now by calling 503-966-4101. C. Senior Transportation Project Engineer Enloe gave a staff report and slide presentation on an ordinance that would allow the city engineer to establish 20 miles per hour speed zones in select residential areas in Tigard. She said when the concept was discussed with Council a few months ago there was general support,but some questions were raised which she would address at this meeting. • A slide was shown listing characteristics of traffic on the street that would qualify as documented driver behavior concerns. • She listed categories to judge whether a street is a good candidate for a 20-mph zone but said it would not have to meet all the categories.There could be just one, such as complex geological features. • Education—Staff will communicate through Cityscape, the website and social media. Postcards would be mailed to residents in the specific installation areas. • Traffic officers can support the proposed rollout schedule with existing motorcycle officers and supplement with patrol as necessary. Staff wants to start with the initial posture of education rather than enforcement. • Engineering will collect speed data prior to and after installation. If approved, the schedule is to spend the first five months after adoption scoping the project, preparing postcards and mailings, collecting data and ordering traffic signs. There would be two installations per month until the pilot phase is complete.This pace helps staff work this program into their existing workload. Engineer Enloe said that under current regulations,the street may not be an arterial and it must be in a residential district. She showed a slide of a map indicating a large area of Tigard would qualify for this speed zoning. Colors on the map indicated an equity score.Another slide showed a map with the recommended first implementation locations. Community engagement included a survey that received 208 responses with 67%in support. Staff recommends approval of ordinance. D. Public Testimony— None TIGARD CITY COUNCIL MEETING MINUTES —February 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 8 E. Response to testimony by staff.—None as there was no testimony. F. Mayor Snider closed the public hearing. G. Council consideration of Ordinance No. 21- 05. Mayor Snider said this was one of the top three things he heard about when talking to thousands of voters while running for mayor. Councilor Shaw said she was in support of this initiative,particularly around the schools. Youth Councilor Calderon supported the 20 mph speed limit. He saw his neighborhood on the map and hoped that drivers take it seriously and slow down. Councilor Goodhouse moved to approve Ordinance No. 21-5. Council President Lueb seconded the motion and City Recorder Kragen read the number and title of the ordinance. ORDINANCE NO. 21-5—AN ORDINANCE TO ALLOW THE CITY OF TIGARD TO IMPLEMENT 20 MPH SPEED ZONES IN SELECT AREAS Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Mayor Snider announced that Ordinance No. 21-05 was adopted unanimously. 4. QUASI-JUDICIAL PUBLIC HEARING: CONSIDER APPROVAL OF AMAN REZONING APPLICATION (CPA2020-00001/ZON2020-00001) A. Mayor Snider opened the public hearing. B. Hearing Procedures—City Attorney Rihala read the quasi-judicial hearing procedures. C. Mayor Snider asked if any Councilors had a conflict of interest or any ex parte contacts. Councilor Newton responded that she visited the site recently but did not speak to anyone. Councilor Shaw said she also visited the site but did not speak to anyone. Councilor Shaw City Attorney Rihala responded to a question from Mayor Snider on how the public could object in the time of COVID restrictions and said any member of the public could call in to state their objections now. She asked Councilors Newton and Shaw to clarify for the record that their visits to the site did not affect their impartiality and they said it did not.There were no objections phoned in from the public to the participation of any Council members. D. Associate Planner Lindor gave the staff report and presented a slide deck.A map of the site was shown,which recently received approval for partitioning into three lots and is TIGARD CITY COUNCIL MEETING MINUTES — February 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgatd-or.gov I Page 3 of 8 approximately 3.6 acres. Lot 1 is vacant and Lots 2 and 3 are currently occupied by a rental RV business. Current zoning is R-12 and C-G. The area to the south is mostly made up of commercial businesses,R-12 on the west side mostly contains apartment developments and R- 12 on the east side is made up of single-detached houses.The R-25 area to the north is developed with a condominium complex. She said the application before Council is a Comprehensive Plan Map and Zoning Map Amendment that would change the site from General Commercial (G-C) and Medium Density Residential (R-12) to Commercial-General (C-G) and Medium-High Density Residential (R- 25).The existing Lots 1 and 2 are currently Medium Density Residential and Lot 3 is General Commercial.What is proposed would change the designation of Lot 1 to Medium-High Residential and Parcel 2 to General Commercial. There would be no change in zoning to Parcel 3. The overall residential acreage is shrinking from 2.69 to 1.46 acres. However,with the proposed R-25 Zone,density increases by four units. Associate Planner Lindor discussed the Findings and said the proposal has shown compliance with applicable plans,policies and map designations and there are adequate public facilities to serve the property at the proposed zoning. She spoke about public testimony received at the Planning Commission public hearing on January 25, 2021. Most concerns were regarding parking, traffic and safety on Torchwood Street as well as Lot 2 taking access from Torchwood Street. However, the partition approved last December restricts the access for Lot 2 to only Pacific Highway. There would be no access to Lot 2 from Torchwood Street. No development is proposed with this application. When proposed, there will be an evaluation for traffic and other improvements that would be required along Torchwood. Council has received copies of public comments submitted for this project,including one today in favor of the proposal. The Planning Commission reviewed the application and public testimony and recommended approval by a vote of 5-1 with 2 abstentions. Associate Planner Lindor responded to questions Councilor Newton emailed earlier today about how the zoning changes advance the affordable housing plan and how one site of R-25 would be more beneficial than two sites of R-12. She said affordable housing could occur in both instances but with the proposed zone change there could be four additional units and better configuration for the commercial development with access being proposed at Pacific Highway. A Trip Cap set with the application is a condition of approval and was established by the Transportation Planning Rule (TPR) analysis. Ms.Lindor added that any future development would require review and must meet this trip cap. Mayor Snider asked about the Planning Commission vote which included two abstentions. Associate Planner Lindor said staff and Planning Commissioners did not ask for reasons for abstaining. He asked about the one no vote. She speculated that a commissioner may have been concerned that a future development may be Type II and not require additional Planning Commission review. Councilor Newton asked if Parcel 2 would have direct access to Highway 99W. Ms.Lindor said when the partition was approved, they recorded easements through Parcel 3. There is no access onto Torchwood. TIGARD CITY COUNCIL MEETING MINUTES — February 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 4 of 8 Councilor Shaw asked if the width of the street was typical of Tigard streets for parking. Engineer Jeremy Tamargo said upon development they will be providing a full 32 feet of pavement,matching the existing pavement to the east section. Moving further east on Torchwood the paving does get smaller,but smaller pavement will just reduce what is available for parking. E. Applicant Testimony Alex Dupey of MIG was hired by the landowner to develop the Comprehensive Plan Amendment and Zone Amendment. He spoke about the TPR analysis required by the State. He spoke to a question the Planning Commission had on why the applicant was looking at a Comprehensive Plan Amendment and Zone Change without a development application to go along with it. He noted that in advance of development the landowner had been approached by a non-profit affordable housing developer. To apply for grant funding,the affordable housing developer needs to have the zoning in place prior to submitting applications for funding and eventually constructing on that site. It does implement Tigard's Comprehensive Plan housing goals such as diverse housing types and adjacency to transit. He noted the Council question about the trip cap. For zone changes and Comprehensive Plan amendments, ODOT requires a TPR analysis to find the difference between existing trips compared to future trips after a zone change. They looked at what is the worst-case trip generation that could occur on the site if the zoning were to change. A fast-food outlet for example,would have a high degree of trip impact. Overall,intersections would still function within reason along Highway 99W with the changes in zoning. The onramps for 99W showed a minor peak increase from a.m. and p.m. A trip cap mitigates the minor peak increase and requires any future development to not exceed a certain number of trips. Lot 2 would have the trip cap come into play,but it still allows development on Lot 1 and Lot 3.This shows that the impacts are minor and overall with the trip cap this can be mitigated. It meets the standards to allow the Zone Change and Comprehensive Plan Amendment. Councilor Newton asked if the offer for sale does not go through, could it be sold to someone else for a higher density multi-family development. He said yes. She asked about the possibility for anyone lifting the trip cap in the future. Mr. Dupey replied that there is a condition that requires a process and analysis if an applicant wanted to do that. F. Public Testimony— • Mayor Snider announced that written comments were due by 4:30 p.m. this afternoon. One comment was received from Community Partners for Affordable Housing Director of Housing Development Jilian Saurage Felton and has been entered into the record. • Mayor Snider said anyone wishing to testify via phone could call 503-966-4101 and be put in the queue to speak. Cindy Patelzick called in and said she lives on 74th Avenue and is very concerned about high density. Four more units does make a difference for them. She has sent comments online previously, and was assured that her traffic concerns have reached the City Council. She noted there was an incident on January 22 on Torchwood and an TIGARD CITY COUNCIL MEETING MINUTES — February 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tiga.td-or.gov I Page 5 of 8 ambulance came but when the firetruck arrived it could get into the area.A second firetruck also could not get in. There is no parking, so everyone parks in the fire lane. She said there are issues with turning onto Torchwood and her street (74th Avenue),is going to be impacted heavily. It was never designed that way. When she moved there 40 years ago it was a dead-end street and she realizes something would be built there but would prefer it to stay medium density. She said she understands the Council has a job to do and she appreciated them listening. The commercial part of it is fine but she is very against high density housing. Ms.Patelzick questioned whether there was pedestrian access to Highway 99W and said it was private property. G. Response to testimony by staff. Associate Planner Lindor said comments were forwarded to Council.As far as traffic and improvements to Torchwood, there is no application at this time, and everything would be reviewed at the time of application.The access to 99W Ms. Patelzick referred to on the parcel where White Oak Village is,is available for the general public to use. Mayor Snider asked for and received confirmation that all public comment was copied to Council. H. Mayor Snider closed the public hearing. I. Council consideration of Ordinance No. 21-06. Councilor Newton said she has questions more appropriate for the development phase as it moves forward. Councilor Shaw noted that HOAs need to manage for no parking in fire lanes.Youth Councilor Calderon asked how units are counted.Associate Planner Lindor responded that it is set at the number of housing units per acre. This density was calculated as if it were an apartment development, so 1,480 square feet of land is required per unit. Mayor Snider noted for the public that under Oregon land use law,Council's responsibility in a quasi-judicial hearing is to act as impartial judges evaluating the criteria and specific ways the application does or does not meet those criteria. Councilor Goodhouse moved to adopt Ordinance No. 21-06. Council President Lueb seconded the motion. Councilor Goodhouse requested that when a Planning Commissioner abstains from voting, Council would like to know the reason why. City Recorder Krager read the number and title of the Ordinance and conducted a roll call vote. Ordinance No. 21-06—AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2020-00001 AND ZONE CHANGE ZON2020- 00001 TO AMEND THE TIGARD COMPREHENSIVE PLAN DESIGNATIONS AND ZONING MAP FROM C-G AND R-12 TO C-G AND R-25 ON TAX LOT 1S136CA01600 TIGARD CITY COUNCIL MEETING MINUTES — February 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 8 Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Mayor Snider announced that the Ordinance was adopted unanimously. 5. CONSIDER RESOLUTION REFERRING THE CITY CENTER URBAN RENEWAL PLAN SUBSTANTIAL AMENDMENT TO THE VOTERS Redevelopment Project Manager Farrelly gave the staff report and a slide presentation. He said Council is being asked to approve a resolution that will refer a substantial amendment of the City Center Urban Renewal Plan to the voters in May 18 election. He noted that on February 9, 2021, Council unanimously approved the substantial amendment ordinance after holding a public hearing. The Charter and the City Center Urban Renewal Plan require that the amendment not go into effect unless approved by the voters. Last week Council reviewed draft ballot title language and suggested changes.The final draft emailed out this afternoon reflects City Council expectations. City Attorney Rihala suggested that the motion refer to the amendment. Council President Lueb moved to approve Resolution No. 21-07, as amended. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 21-07—A RESOLUTION APPROVING REFERRAL.TO THE ELECTORS OF THE CITY OF TIGARD AT THE MAY 18,2021 ELECTION,THE QUESTION OF WHETHER TO AMEND THE CITY CENTER URBAN RENEWAL PLAN, as amended City Recorder Krager conducted a roll call vote and the motion passed unanimously. Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ 6. ADMINISTRATIVE REPORT City Manager Rymer updated Council on some administrative items. He thanked all the city teammates presenting tonight and noted that Contracts and Purchasing Manager Moody and Purchasing Assistant Riccardi worked diligently on streamlining purchasing processes that also maintain responsible stewardship of public funds.The Public Safety Advisory Board had a member resign and is working on bringing the replacement process to a future Council meeting for TIGARD CITY COUNCIL MEETING MINUTES — February 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 7 of 8 consideration.The upcoming Library LGBTQ+ family program is still open for registration. The Comprehensive Annual Financial Report (CAFR) has a Spanish version hosted on the website. City department budget discussions have wrapped up and the city team will soon meet with the Budget Committee. 7. NON-AGENDA ITEMS—None 8. EXECUTIVE SESSION At 8:51 p.m. Mayor Snider announced that the Town Center Development Agency was entering into an Executive Session to discuss real property negotiations under ORS 192.660(2)(e). He said the meeting would adjourn after the Executive Session. The Executive Session ended at 9:11 p.m. 9. ADJOURNMENT At 9:11 p.m.TCDA Director Lueb motioned for adjournment. Director Shaw seconded the motion. City Recorder Krager conducted a roll call vote and the motion passed unanimously. Yes No Director Shaw ✓ Chari Snider ✓ Director Goodhouse ✓ Director Newton ✓ Director Lueb ✓ Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: 40 — TIGARD CITY COUNCIL MEETING MINUTES — February 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 8