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City Council Minutes - 06/20/2023 ® City of Tigard City Council Workshop/Business Meeting Minutes TIGARD e June 20, 2023 1. WORKSHOP/BUSINESS MEETING A. At 6:35 p.m. Mayor Lueb called the meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Singh ✓ Councilor Wolf ✓ Council President Hu ✓ Mayor Lueb ✓ Youth Councilor Nag ✓ Councilor Shaw ✓ C. Mayor Lueb asked everyone to join her in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—There were none. 2. PUBLIC COMMENT A. Follow-up to Previous Public Comment—Assistant City Manager Nyland reported on follow-up to public comment from the previous meeting. B. Public Comment—Written: Michael Brewin included excerpts from an essay on healing Mother Earth and an audio file of a song. He commented on recent gains made in hydrogen vehicle technology and requested that the city reconsider purchasing electric vehicles. C. Public Comment—In Person: Jason Trout of T&T Fireworks said he supported increasing fines for illegal fireworks. He said the city's use of red flag warnings to determine when to ban fireworks is not the best system because they can be for a very short time period causing sales to be stopped but also could change quickly. This is difficult to predict. He offered to be a resource to help develop more criteria that is fairer. D. Public Comment—Phone-In: None. TIGARD CITY COUNCIL MEETING MINUTES —June 20, 2023 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 8 3. COMMUNITY ORGANIZATION UPDATE—ST VINCENT DE PAUL St. Vincent de Paul Tigard Conference President Julie Le and Vice President Diane Bohan gave a presentation on the many services provided,including a community cafe, food pantry and rent/utility assistance.They evaluate requests for assistance with water utility bills and have partnered with the city to help pay water bills for 15 years. Since 2009 they have offered a free meal on Sunday evenings and have only missed two Sundays in the last 14 years. Guests are a mix of the homeless,neighborhood families and elderly people. They have 200 volunteers and are 100 %volunteer run. They need more volunteers and have had to close the pantry two days a week because there are not enough volunteers to run it.They do require food service training but there are many opportunities to serve,such as picking up food,packing boxes and stocking shelves. St.Vincent de Paul is separate from the church and is a non-profit organization. Anyone can volunteer;there is no requirement to be a member of the Catholic Church or attend St. Anthony's. Julie Le said they are experiencing food shortages.The shelves are the barest she has ever seen due to the high need. They used to see 400 families a week and now it is 653.The fall leaf and canned food drive and the city's annual Social Services grants help with food and items for the homeless. Questions and Comments: Councilor Shaw asked about changes to the SNAP food program. They replied that increased benefits due to COVID ended on March 1.The changes were significant, leaving many with not enough food. Youth Councilor Nag asked what the volunteer age requirements are as she could reach out to some TTSD youth organizations.Julie Le said those under 18 must sign waivers. Those under 16 would need to be accompanied by a parent. Councilor Singh thanked them for the services they provide and noted that the Sikh Center of Oregon is another non-profit in Tigard that serves vegetarian meals on Sundays and it not only feeds people but builds relationships and that is important, especially for an immigrant community. Mayor Lueb asked them to reach out to the city when they need help publicizing needs or volunteer opportunities. 4. WASHINGTON SQUARE REGIONAL CENTER PROJECT UPDATE Senior Planner Susan Shanks gave the staff report on this project,which includes more than just the mall. For her update she reviewed past actions to update the city's land use and transportation policies. Much has changed in this area,including market trends, housing,business opportunities, and community needs and priorities. The Washington Square Regional Center vision document was included in the attachments to the agenda item summary Current action measures include continuing to update zoning and regulations that will support development of the area into a dense,walkable, and vibrant place that also reflects market realities, community needs and aspirations, and city goals related to sustainable growth.The Tigard MADE program will assist and efforts made to reach out to affected stakeholders. A second action measure is to overcome the Highway 217 barrier and improve Greenburg Road and Hall Boulevard,which TIGARD CITY COUNCIL MEETING MINUTES —June 20, 2023 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 8 includes a jurisdictional transfer and bringing Hall up to a better condition. There is also a historic cemetery running along Greenburg. MSTIP funds are in limbo. However,Washington County and other cities are supportive of these efforts. Senior Planner Shanks is working with Senior Transportation Planner Roth as their land uses/transportation dovetail. A grant was received to study an over cross of 217 to bring people closer to trails,parks and schools. WSRC doesn't have a park except at Metzger,but future parks are planned to improve recreational access for families. The Sears development project is moving forward after a delay due to COVID.The received an extension on their land use approval and hope to get into the permitting process this year.Also moving ahead is Terrace Glen affordable housing. The Steadfast project is getting underway and Brookside on Hall is the second phase of a memory care facility,and will add 50 memory care beds. Council adopted regulations to allow car dealerships on Cascade Avenue and as a result,two are being built as well as a new motorcycle facility repurposing an empty retail building. Ms. Shanks said staff drafting policies and will return to Council for public hearings to consider actions. Ongoing work includes public improvements such as streets and parks as funding becomes available. Mayor Lueb noted that some of the most vulnerable community members live in this area and asked about efforts to ensure they are not being pushed out. Senior Planner Shanks said they did a displacement analysis on the effects of development and how far they extend.There is a goal specific to equity and they are focusing on preventing displacement. Youth Councilor Nag asked if there was any way to require construction occurring near school routes happen only when school is out, and Senior Planner Shanks said we don't have any say over other agencies. Youth Councilor Nag asked if adding more people will decrease emissions or increase them with more cars coming into the area. Senior Planner Shanks said regulations could lead to reduced emissions, such as writing new standards for stormwater regulations or factoring in more green space. Transit and bike improvements may also help reduce carbon emissions. Council President Hu noted that the Planning Commission only approved a concept plan for a new apartment complex in the WSRC area,but it will be coming back for a more detailed plan review. He asked if more green space could be included at that time. He commented that he was pleased to see the city's commitment to make Hall and Greenburg safer for pedestrians and biking. 5. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE TO AMEND TIGARD MUNICIPAL CODE 3.24 AND 3.90 TO EXTEND EXEMPTIONS AND CLARIFY QUALIFYING CRITERIA A. Mayor Lueb opened the Public Hearing. B. Hearing Procedures—Mayor Lueb announced that anyone may testify by phone,video or in person and may call to get in the queue now by calling 503-966-4101. TIGARD CITY COUNCIL MEETING MINUTES —June 20, 2023 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 8 Council President Hu recused himself from the discussion and decision and left the room. C. Senior Planner Warren gave the staff report. SDC Coordinator Couch attended remotely. The slide presentation is in the packet for this meeting. The exemption for System Development Charges (SDCs) for Accessory Dwelling Units (ADUs) in Tigard Municipal Code Chapter 3.24 sunsets on July 31, 2023. These exemptions were designed to encourage affordable housing. SDCs are a higher percentage of the total cost for smaller units. Most ADU developers are homeowners and will either have to use cash on hand or tap their homeowner's equity to pay for construction. Extension of the SDC will incentivize homeowners who may be on the fence, allow an ADU to be rented at a lower rate,help bring the city into alignment with regional ADU production goals and promote aging in place and multigenerational households. The fiscal impacts are very small, (Parks, and Transportation project budgets).ADU households are smaller and have lower impact.ADU construction does slightly increase the tax base which benefits the city. Senior Planner Warren showed a slide of fiscal impacts by year.There have been 33 ADUs added and 7 are awaiting permitting. Staff recommends other policy changes and technical fixes in these code amendments. Deferring payment of SDCs to final permitting will be the default option to decrease confusion and paperwork. Tigard Municipal Code 3.90 covers the 1%Construction Excise Tax and includes exemptions for ADUs. It also expires July 31,2023. The purpose is to backfill SDC exemptions and encourage affordable middle housing. Staff recommends extending it as it supports the same goals as SDC exemptions for ADUs. The staff recommendation is to adopt an ordinance to extend exemptions. D. Public Testimony—There was no public testimony. E. Response to testimony by staff—None. In response to a question from Councilor Shaw, Senior Planner Warren said they would be extended to 2027. In response to a question on whether the 33 ADUs were individual units he replied that they were and noted that cottage clusters are not eligible for SDC exemptions. F. Mayor Lueb closed the Public Hearing. G. Council consideration of Ordinance No. 23-05. Councilor Wolf moved to approve Ordinance No. 23-05. Councilor Singh seconded the motion. City Recorder Krager read the number and title of the Ordinance and conducted a roll call vote.Youth Councilor Nag gave an advisory vote of yes. TIGARD CITY COUNCIL MEETING MINUTES -June 20, 2023 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 8 Ordinance No. 23-05—AN ORDINANCE TO AMEND TIGARD MUNICIPAL CODE CHAPTER 3.24 TO EXTEND EXEMPTIONS FROM CERTAIN SYSTEM DEVELOPMENT CHARGES FOR ACCESSORY DWELLING UNITS AND CLARIFY LANGUAGE RELATED TO AFFORDABLE HOUSING,AND TO AMEND TIGARD MUNICIPAL CODE CHAPTER 3.90 TO EXTEND EXEMPTIONS FROM CONSTRUCTION EXCISE TAX FOR ACCESSORY DWELLING UNITS AND MIDDLE HOUSING Yes No Abstain Councilor Singh ✓ Councilor Wolf ✓ Council President Hu ✓ Mayor Lueb ✓ Councilor Shaw ✓ At 8:28 p.m. Council President Hu returned to the meeting. 6. TAX EXEMPTION CONSIDERATION Senior Planner Warren gave the staff report. Northwest Housing Alternatives has requested exemption from the City of Tigard's property taxes for 2023. This is allowable under Tigard Municipal Code Chapter 3.50 and must be applied for by July 1. They are scheduled to begin occupancy of the affordable housing development Alongside Senior Housing,in July of 2023. Future requests will come to the City Council on an annual basis with all other requests. Councilor Shaw moved to approve Resolution No. 23-17. Councilor Wolf seconded the motion. City Recorder Krager read the number and title of the resolution. Youth Councilor Nag gave an advisory vote of yes. Resolution No. 23-17-A RESOLUTION GRANTING AN EXEMPTION FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE SECTION 3.50 FOR THE NON-PROFIT LOW-INCOME HOUSING PROJECT OWNED AND OPERATED BY NORTHWEST HOUSING ALTERNATIVE Yes No Councilor Singh ✓ Councilor Wolf ✓ Council President Hu ✓ Mayor Lueb ✓ Councilor Shaw ✓ 7. COMMUNITY DEVELOPMENT BLOCK GRANT URBAN REQUALIFICATION PROCESS Senior Planner Warren gave the staff report with a slide presentation on options for requalification to receive Community Development Block Grant (CDBG) Funds. He gave some background on this federal program administered by HUD and Tigard's use of these funds,including for the Senior TIGARD CITY COUNCIL MEETING MINUTES —June 20, 2023 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 8 Center.As cities cross the population threshold of 50,000 people there is the option to change entitlement status. Tigard elected to remain a member of the Washington County Consortium in 2015,2018 and 2021.The city's full allocation for FY 23 is $282,962. Senior Planner Warren listed the options, comparing the staffing and budget impacts of no entitlement (which requires competing for each grant), full entitlement (which has high staffing and budget impacts) and joint entitlement, (low staffing and budget impacts).Another"cost"with full entitlement is that service providers would no longer be eligible for grants to provide services within Tigard, such as the $90,000 grant Just Compassion received. Electing the full entitlement at this time would likely cost more to run than would be gained. The staff's strong recommendation is to proceed with the current entitlement status in both this cycle and in the 2026 cycle and to direct staff to revisit entitlement in 2029, or when the population reaches 75,000,whichever comes first. Councilor Wolf spoke to her experience on the CDBG Board and said she appreciated that there is an extensive workload for administering a full entitlement program. Councilor Shaw asked if funds are based on population. Senior Planner Warren said it is complicated, starting with an Act of Congress, then complex formulas on population,percentage of low-income residents, seniors,low-income census tracts and other groups. Mayor Lueb asked for affirmation that Council was in favor of the staff recommendation, and they indicated they were. 8. REVIEW CITY'S FIREWORKS ORDINANCE City Attorney Rihala led this discussion which was based on a public comment received at the previous meeting asking the city to reconsider fireworks regulations. She gave the history of recent fireworks ordinances. In 2021 the area was in the midst of extreme heat in July. Council met and passed a resolution declaring an emergency and banning fireworks from use between July 1-9,2021. They also raised the fines for illegal fireworks to $1,000 through September 1st. In 2022 Council passed an ordinance prohibiting illegal fireworks (which are already prohibited because they are illegal) that allows them to be cited into the Tigard Municipal Court. Council also felt it important to attach a significant fine of$1,000,not to exceed$1,500. Red flag warnings were chosen to determine when fireworks would be banned in the city.An education effort was put in place to share what red flag warnings are and how to find out if Tigard is under one. The problem with them is that they are unpredictable and can change daily. In the past,police would go to an address where it was suspected that illegal fireworks were being used and people would run away or deny they were using them. They could not enforce because they did not see the person using them. To make it easier to enforce use of illegal fireworks, a presumptive fine was added for the property owner where illegal fireworks are found. A presumptive violation was added that if the illegal fireworks are present,the property owner is automatically responsible, and the fine is $1,000-$1,500. TIGARD CITY COUNCIL MEETING MINUTES —June 20, 2023 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 6 of 8 Mayor Lueb asked how many fines were issued last year. Chief McAlpine said she thought there was one. She reported police have higher priorities during the holiday such as domestic issues and DUII. They are staffing the Fourth of July fireworks show this year with any extra officers. Last year there were 36 fireworks complaint calls compared to 66 the year before. She reports statistics annually after the 4th. Mayor Lueb asked if there was an analysis of what other cities are doing. City Attorney Rihala said cities coordinated in 2021. Cities that banned them last year included Portland,Bend and Lake Oswego. Council President Hu asked about TVF&R's bans and City Attorney Rihala said their burning bans are based on longer durations.A red flag warning is for extreme danger for a limited time and much harder to predict. Councilor Wolf said whether you will get to use the fireworks you purchased is a risk. The weather may be very different by the 4th. Mayor Lueb said it is not fair to use the red flag warning which can change without predictability. Councilor Shaw asked staff to put together a robust education plan. She mentioned that she heard from people in Eastern Oregon that the grass there has grown so long after the wet spring they are worried that when it dries out this summer it will be like lighter fuel. It was decided to continue with the existing ordinance for now,with the option of calling an emergency meeting if necessary. Councilor Wolf asked if the city could promote the word that even without a red flag warning, fireworks can still be dangerous. Further discussion will be scheduled to a meeting later in July. 9. NON-AGENDA ITEMS—None. 10. COUNCIL LIAISON REPORTS Council Liaisons gave their updates on city board and committee activities. Youth Councilor Nag said TYAC is conducting elections. Seniors are moving on, so new members are being recruited and they are hoping to get more middle schoolers to join.They are working on fundraising at city summer events. Councilor Wolf said the CCE had a great discussion on houselessness on May 17. The Policy Advisory Board for CDBG approved the application for agencies to use ARPA funds. She said she and Councilor Singh are on the public safety levy committee.The Metropolitan Area Communications Commission (MACC) approved the budget. She gave a shout out to the Tigard Police Department for making a great video on the facilities modernization needs. Council President Hu said the Town Center Advisory Commission met with Police Commander McDonald who presented the city's latest efforts regarding issues in the downtown,including Officer Orth's new assignment working a focused patrol in the area. Business owners noted a difference and appreciated the increased police presence. Some businesses want to install cameras and a conversation is ongoing about how to pay for them. The Tigard Downtown Affiance is hiring a TIGARD CITY COUNCIL MEETING MINUTES —June 20, 2023 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 7 of 8 director. The TCAC adopted three goals: equitable business development, connectivity and access, and affordable housing.They also appointed a representative to the downtown parking committee. The Willamette River Water Coalition is making progress and the Sherwood water treatment plant is taking shape and will be operational in 2026. Mayor Lueb said the city was chosen to participate in the 360 Thinking Program with University of Wisconsin-Madison. She attended the US Conference of Mayors and JPACT to lobby on behalf of projects in the entire Portland region. She met with the Metro Regional HUD Representative and joined the US Conference of Mayors Housing Committee. Councilor Shaw said the Tigard Transportation Advisory Committee reviewed the Moving in May event.They walked and biked areas in Tigard and to see where there are gaps in the system. CHART met with Just Compassion. The Charter Review Committee discussed term limits and the length of the Council President term. Councilor Singh attended the Regional Water Providers Consortium Board meeting on June 7.They elected new chairpersons and discussed revisions to the intergovernmental agreement and the RWPC 5-year plan.The Library Board learned about the role of Liz O'Donnell who provides technical assistance. Mayor Lueb read the following while in public session: 11. EXECUTIVE SESSION—The Tigard City Council will go into Executive Session to discuss the performance review of public officers or employees,under ORS 192.660(2) (i).All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public.The Council will adjourn immediately after the Executive Session. At 10:05 p.m. Council President Hu motioned for adjournment. Councilor Shaw seconded,and the motion passed unanimously. Yes No Councilor Singh ✓ Councilor Wolf ✓ Council President Hu ✓ Mayor Lueb ✓ Councilor Shaw V Carol A. Krager, City Recorder Attest: 02() Heidi Lueb,Mayor Date: 1 1<< \3-6 2.3 TIGARD CITY COUNCIL MEETING MINUTES —June 20, 2023 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 8