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City Council Minutes - 04/11/2017 Cite Tigard Tigard City Council Meeting Minutes April 11, 2017 I DI 1. STUDY SESSION COUNCIL LIAISON REPORTS -Councilor Goodhouse attended a Tigard Chamber event of about 60-70 people and spoke about urban renewal measures on the May ballot. He said the video staff prepared was very informative. He also prepared some newspaper articles about urban renewal. He and Mayor Cook attended Washington County's State of the County. Mayor Cook related some compliments the city received there from a developer regarding the River Terrace project and Council President Snider suggested he pass those along to staff who worked at a frenetic pace to move that project along. Mayor Cook said he threw out the first pitch,opening Little League season. Councilor Woodard noted that Assistant City Manager Newton needs any notes council took at the annexation meeting held last week. He said the concern he heard most related to sewers. Council President Snider said he heard requests for more phase-in time. Mayor Cook noted that he spoke with Washington County Sheriff Garrett this morning to let him know in advance that Tigard was considering annexing its islands and he was very favorable because it is difficult for them to get in to serve the islands. Administrative Items—City Manager Wine said staff has talked with the Tigard Youth Advisory Council regarding a joint outreach event with City Council and two dates are available for their cafeteria,May 24 or May 31. Ms.Wine said the Lake Oswego City Council in order to explore how a governing board would operate is attending the May 24 South Fork Water Board to observe and ask the general manager about that governance model.There is an open invitation to Tigard councilors to attend this meeting which will be from 6-7:30 p.m.in West Linn. Several council members said they plan to attend and City Recorder Krager will post a potential quorum notice. Council chose May 31 for the outreach with TYAC and staff will confirm the time. Chief McAlpine said there are many concerned citizens in the lobby tonight and she spoke with some about her own personal philosophy and experiences. She told them she was willing to attend a community meeting if they would like further dialog on sanctuary. Mayor Cook noted that she will be the featured guest at the May Fireside Chat on May 4. She met with Portland TIGARD CITY COUNCIL MEETING MINUTES-April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 1 of 11 Police who are promoting awareness of foreign-born human trafficking and viewed a new law enforcement training video they have prepared. RECEPTION FOR POLICE CHIEF McALPINE—At 7:00 p.m. council attended a reception honoring incoming Police Chief Kathy McAlpine in the City Hall Lobby. 2. BUSINESS MEETING A. At 7:34 p.m. Mayor Cook called the City Council and Local Contract Review Board meeting to order. B. City Recorder Krager called the roll. Present Absent Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ C. The Tigard Police Honor Guard presented the colors and Mayor Cook led the audience in the Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items—None. 3. ADMINSTER OATH TO TIGARD POLICE CHIEF McALPINE Municipal Judge O'Brien administered the oath of office to Tigard's Police Chief Kathy McAlpine. 4. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication— None B. Citizen Communication—Sign-up Sheet. Serge Killingsworth 11855 SW James Court,Tigard, OR 97223, said shortly after buying a home in Tigard,the City announced one reason to buy here was the walkability score. He was excited about the vision,however;the walkability at his house went bad. When 115`h Avenue was repaved the speed bumps were removed. The nearby residents decided they did not want them back so to satisfy some residents in the area and emergency responders, the City did not put them back. He said 115`x'Avenue carries a lot more traffic that drives at faster speeds. Neighbors are lobbying for a stop sign. He has to crass the street often and TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 11 has to deal with unsafe situations. He asked if the vision extends to traffic engineering decisions such as whether or not to place stop signs or reduce or eviscerate speed bumps. These decisions seem to be made without regard to the vision. Martha Molina, 535 SW Maple Street,Hillsboro, OR, said she has been living in this city for many years. It is where she had her daughter and is where she works. In the name of thousands of workers who live in this city,women,men and children, she is asking for the city to be called a sanctuary city. She asked that council not forget the people who take care of children and retired people. She said,"We process the food and make the food that everybody eats. We clean your houses. We clean your worksites and we are a big contribution to the county and city. We love this country and are very thankful for this country. There are many reasons why we want to live in other places and other cultures. It is not easy for us." She said her kids are Americans. They love the flag of this country. They have this flag in their rooms and when they have to go back to our countries the only thing they ask for is a flag,an American flag. She asked council if they could imagine the kinds of conversations they are having now about the possibility of being deported. She said they cannot show the sadness or weakness. We talk about this matter like summer vacations. We made choices but we know what can happen. She begged the council to think of people in her shoes. She said, "We are a big part of the economy of this county." Roger Potthoff, 11710 SW Ann Street,Tigard, OR 97223, supports Tigard putting forward a resolution that it become a sanctuary city and that citizens be given the opportunity as a to fully debate the issue. Portland and Beaverton are sanctuary cities. The State of Oregon has passed a statute claiming the protections of being a sanctuary state. He said he only asks that people be given the opportunity to fully debate.He said Tigard has changed so much over the 19 years he has been here and it has changed in a remarkably positive direction. He said the community is much more diverse and different businesses located here,looking to make investments in the community,etc. He said he believes,as the person speaking previously does, that the diversity of our community makes a tremendous contribution. He said Tigard should have a full hearing on whether we should become a sanctuary city. Veronica Aguilar, 13660 SW Pacific Highway,Tigard OR 97223, thanked the council for listening. She said she has lived here 22 years and has seen a lot of changes. She said she addressed the Tigard-Tualatin School District (TTSD) on this issue last night. She is an RE Sunday school teacher at St. Anthony's and Mecha statewide president for students of color. She said she is an advocate in the community and helped with some city events last year. Her eyes were opened at the lack of support the city has on some issues. She read some of the sentences she presented at the TTSD Board last evening. "As a mother of three who has had one child graduate from this school district already, I have experienced close at hand the many positive changes that you, the school board have made to follow through on the district's mission statement,that together we build on individual and community strengths to assist families in becoming more self-sufficient and to increase successful family relationships to the school district and community. As positive changes have been made, and there is still plenty of room for improvement. Our needs as a community are not being met. Families are living in fear and this has affected relationships in the district and in the TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 11 community in a negative manner by not providing a safe zone policy and public declaration of our Tigard-Tualatin School District." She said as a Mecha statewide board president she is hearing from Mecha Latino Student Chapters in high schools in Portland and across the state that students are not feeling safe in our schools. Marie Mendoza,9815 SW Walnut Place,Tigard, OR 97223, said she lives in a 72-unit apartment and her tenants are nice,hardworking Hispanic people. She said on February 15 ICE came to the property and picked up a few people. On February 16 she received a call from a teacher who asked her why the children from her property did not show up at school. She said it was because of what happened with their parents. They went to school on the 17`h but parents asked her to pick up their children from the school bus stop because they were afraid. People are even afraid to go to the store. She asked council to do something to help them have a more comfortable life. Zachery Pursley, 14000 SW 98'h Avenue,Tigard, OR 97224 read a prepared statement. He said he has lived in Tigard all his life and wanted to raise the question of Tigard becoming a sanctuary city. He said in this time of increased arrests and deportations of both undocumented and documented immigrants it is crucial that municipalities adopt resolutions assuring non-cooperation with ICE and to provide robust protections for residents. He noted that council had been given a copy of a resolution drawn up by Washco Solidarity and he called upon them to adopt a number of different measures to make sure that Tigard remains a sanctuary city for all residents regardless of immigration status. He called out particular portions of the resolution. He finished by saying immigrants,regardless of their status, are friends, classmates,co-workers and neighbors and are a vital part of the community. He asked on behalf of Washington County Solidarity Network and as a Tigardian that council do everything in their power to protect people from ICE and the radical right-wing administration. (A copy of the resolution referred to by Mr. Pursley was distributed to the Council and has been added to the record.) Erick Fletcher, 11943 SW 125`h Court,Tigard, OR said he was here in support of the resolution Council just received. He said he grew up in Tigard. He shared an experience he had that was offensive and racist. He was waiting for a ride outside Joanne's Fabrics at about 10 p.m. when a police officer approached and asked how and what he was doing. He explained that he was waiting for a ride and the officer told him to be careful because there were "a lot of Mexicans in the neighborhood." He said inaction is an action which speaks a thousand words. If a public hearing is not held on this issue the council is making a position clear that not only are vulnerable members of the community not welcome or protected but the city does not even want to hear what they are worried about. He urged the council to declare Tigard a sanctuary city and cautioned that the longer this is put off, the larger, stronger and louder the ranks of concerned citizens will become. David Carlson, 5620 SW 185`h Avenue Aloha, OR,said he works with Washco Solidarity and asked for extension of the 20-minutes to testify due to massive support. He asked if council would motion to extend this time,otherwise,he would give his time to someone else. Mayor Cook replied that there are other business items on the agenda. Mr. Carlson referred TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 11 to the number of people in the room asked if the mayor was saying they would not be adaptive or be the governance that serves their community. Mr. Carlson gave his time to the next speaker. Curtis Hansani, 713 Snowden Court,Beaverton, OR said this is his seventh city council meeting representing Washco Solidarity. He said his heart and mind were full so he wanted to channel the sound of children afraid to go to school. Families are afraid to go out for groceries,take public transit or drive. They are afraid to be seen because they could be snatched at any moment. He said he has heard a lot of arguments from councils and opposition speakers but aside from upholding existing county and state law,making a sanctuary resolution matters. He said the city is not in charge of ICE nor control what they do but a sanctuary city resolution sends a message to the community. It lets a vulnerable community know that their lives,concerns and children matter. It also sends a message to the police force that you expect them to uphold state and county law. He said this is a local issue and becoming a sanctuary city will show Tigard cares about these vulnerable people. 5. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) A. AUTHORIZE HUNZIKER INFRASTRUCTURE RIGHT OF WAY ACQUISITIONS Councilor Woodard moved for approval of the Consent Agenda and Council President Snider seconded the motion. The motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 6. LOCAL CONTRACT REVIEW BOARD: CONSIDER AWARD OF CONTRACT FOR REAL ESTATE ATTORNEY SERVICES Purchasing Analyst Barrett and Central Services Director Robinson presented this item.An RFP was issued for several different attorney services and this contract is associated with real estate services and property negotiations including street vacations and easements. Staff reviewed the proposals received and heard presentations and recommends award of the contract to Jordan Ramis PC. Councilor Woodard moved to approve the contract and Councilor Goodhouse seconded the motion. The motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 11 Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 7. LOCAL CONTRACT REVIEW BOARD: CONSIDER AWARD OF CONTRACT FOR LABOR ATTORNEY SERVICES Purchasing Analyst Barrett was joined by Human Resources Director Bennett for this item. Four responses were received in response to an RFP. A review team met to discuss and score each submittal. Staff recommends that Bullard Law be awarded this contract which will be used on an as- needed basis,at a cost between$365-$310 per hour. Council President Snider moved for approval and Councilor Goodhouse seconded the motion. The motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 8. LEGISLATIVE PUBLIC HEARING: MARIJUANA PLACE REGULATIONS (DCA2016- 00004) A. Mayor Cook opened the public hearing. Councilor Goodhouse recused himself from this hearing due to a conflict of interest. B. Mayor Cook announced that this is a legislative public hearing and anyone who signed up to speak can testify. C. Associate Planner Kowacz gave the staff report. In October 2016 council asked staff to revisit place regulations for marijuana businesses. Assistant Community Development Director McGuire said options were presented to the Planning Commission based on this direction and they reviewed the video of council's discussion last fall. Options presented were a starting point and their consideration was open to any other thoughts and ideas. The Planning Commission discussion was somewhat of a surprise given their previous regulation recommendations but there has been turnover among the members. They seemed fairly persuaded by the public testimony at the hearing. TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 11 Mayor Cook asked if they had been provided with the minutes from the previous Planning Commission meeting where this was discussed. Mr. McGuire said they were not. Associate Planner Kowacz said staff was asked to look at the place regulations and seek input from the City Center Advisory Commission,Tigard Downtown Alliance, the downtown business community and the development community. Several members of the downtown business community and the CCAC attended the hearing. The CCAC did not reach a consensus but there was a slight majority in favor of allowing marijuana businesses downtown. Concerns included the proximity to the heritage trail and plaza,making sure that the downtown has a good mix of businesses, the need for an anchor store, and the concentration of"over 21"businesses in one location. They recognized the need for the city to treat all businesses fairly. There were concerns that the facade and design of marijuana business might not fit into the downtown. They were also concerned about the inability to point to a specific policy or code restricting a specific type of retail use. Staff contacted three developers and got a response from one. They said they would be reluctant to lease to a marijuana business due to the uncertainty of federal policy and bank financing. They also said the perception of marijuana businesses was worse than the reality and that they would not be deterred from pursuing a good project in proximity to a marijuana business. Associate Planner Kowacz said staff presented four options for Planning Commission consideration. Option 1 —keep existing regulations, Option 2—remove frontage requirements along Highway 99W, Option 3—Same as Option 2 but also allow marijuana businesses in the downtown and Option 4—removing the 99W frontage requirement, allowing it in the downtown and removing the downtown park buffer. Key points from the discussion include that the potential for tax dollars should not be a considering factor and allowing these businesses conflicts with the goal of providing a family-friendly downtown. There were aesthetic concerns with barred windows and darkened doors and windows. There may not be a need for an additional marijuana retailer since one liquor store serves the entire city. Lastly,it may be too early to know whether Tigard's current regulations are deficient in any way. Ms. Kowacz said 15 citizens testified at the hearing; five in favor of expanding regulations and ten in favor of maintaining current regulations. The Planning Commission made two motions. Option 1 passed unanimously and for Option 2, two commissioners were in favor and six opposed. D. Council Questions Mayor Cook said there were different interpretations about what was sent back to the Planning Commission. He referred to commissioners voting on different options where three of the four cut out the frontage requirement on 99W yet he did not remember council TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 11 directing that even is looked at. He said he has not heard any councilors say they opposed that requirement. He said if he was a planning commissioner it would have been easy to choose Option 1 simply because it did not remove the requirement to face Pacific Highway. Assistant Community Development Director McGuire said it was not the restriction to face Pacific Highway;it was the regulation to allow such businesses only along Pacific Highway that the Planning Commission was considering. Mayor Cook said it was confusing as to what that meant,how the building faces or where the building can be. Mr. McGuire said the commissioners understood what the point of the regulation was. Mayor Cook noted that when the marijuana business regulations came to council the first time, they had voted 7-1 to allow them on Pacific Highway or Main Street. Council ended up removing Main Street. E. Public Testimony—Mayor Cook called on those signed up to speak. Bill Widmer, 11509 Juanita Drive NE,Kirkland,Washington, said he was filling in for his brother tonight who lives in Oregon and runs their Oregon business. He said he is the chief executive and works for their investment and management company named Kaleafa. He said they originally leased a building in downtown Tigard on Main Street off of the original zoning prior to it being finalized. The idea then was that the city would have at least seven marijuana stores. Three years have gone by and there is currently one store in Tigard. He said they are not stuck in their lease and could have gotten out of it or leased it to others many different times. But they got to know the city staff such as Redevelopment Project Manager Farrelly and Economic Development Manager Purdy as well as business owners in the downtown and came to understand the renaissance that Tigard is striving for. They wanted to become a part of that so they held onto the property and want to play their part through the political process to see if council could change some perceptions. He addressed some objections: 1) Families,Kids and Marijuana—He and his brother are heavily involved in their son's sport activities and they parents they meet at barbecues, etc. know what they do. He said he considers himself a steward for the industry and knows that eyes are on them and a lot is at stake.Not allowing this product to get into the hands of people younger than 21 is something he takes seriously. He said although the product has been legal for a few years in a few states but there are zero studies that conclude that the presence of a retail marijuana store increases the use of marijuana among children. That is a big objection but there is not much to it. 2) Development of Tigard's downtown—They would build a beautiful store that would bring in a lot of people. This should be a strong consideration. Three stores are open and three under development and last month paid roughly$300,000 in marijuana taxes. Mr. Widmer also observed that only having one store in Tigard means customers have to pay more for product because there is no competition. TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 11 He asked council to give consideration to allowing it in the downtown. They believe in the City and want to be part of the business community and make a contribution.They want to improve the building they are in and build a beautiful store. He said he appreciated the opportunity to be heard. Marie Watkins, said she lives in Wilsonville but works at 6960 SW Sandberg Street,Tigard, OR 97223, and is a certified prevention specialist for the school district and prevention coordinator and director of Tigard Turns the Tide Coalition and the Tigard High School STUDD program (Stop Tigard Underage Drinking and Drug Use). She advocated for the current marijuana dispensary regulations remaining in place. Ms. Watkins said downtown Tigard is a beautiful place and she believes that the city wants it to be as family-friendly as possible. She asked council to think of what is within walking distance of downtown such as parks and some schools, and of activities occurring there on a regular basis such as Saturday and Sunday markets which families with small children attend. Allowing dispensaries in plain sight creates a social norm that marijuana use is acceptable. She quoted a SAM (Sensible Approaches to Marijuana) report which said despite medical and recreational marijuana being banned in 68 percent of counties in Colorado,there are still a total of 940 marijuana businesses,more than Starbucks and McDonalds combined. She referred to Mr. Widmer's previous comments on making the store look nice but asked who the stores are being advertised to. She distributed a map indicating in red how many are within driving distance of Tigard and in green indicating school locations. She noted the Herbary is less than one-half mile of Westside Christian High School. She said regardless of whether or not they are in the TTSD, they are high school students in our community and are "our kids." CDC Dispensary is within less than one-half mile of Metzger and is well within walking distance of Westside Christian. She noted several schools within five miles of dispensaries. Anna Billings, 12020 SW Burlheights Street,Tigard, OR 97223 and Katrina Yen, 6770 SW Taylors Ferry Road,Tigard, OR 97223 are juniors at Tigard High School and members of the STUDD program. Anna said she was in favor of Option 1 and not changing regulations. She said she wants to make the community a better place and reduce drug use in schools. Opening more shops will not help with that. Brian Bergmann, 11180 SW Hall Boulevard,Tigard,OR 97223, said he was born and raised in Tigard. His Uncle Floyd was the mayor at one point. He has set up three dispensaries,in Seaside,Monmouth and Newberg. He said he is not planning on opening a dispensary in Tigard but does think they should be allowed to do business here. More than one shop creates cheaper prices. He noted high prices and long waiting lines at Chalice in King City. He said a new shop is going in behind the oil change business on Pacific Highway and while marijuana use has a lot of stigma, that is changing. He mentioned that it benefits many people who chose to use it for pain rather than opiates. He said it is up to adults to educate children not to use it. He has been in many stores and safety is a priority. Identification is checked and minors are not allowed. Mr. Bergmann said he supports expanding the regulations. TIGARD CITY COUNCIL MEETING MINUTES-April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 11 F. Mayor Cook closed the public hearing. G. Council consideration: Councilor Anderson said he appreciates the entrepreneurship of the store owners and the activity it might bring but he is in favor of keeping to what the Planning Commission recommended. He said, "We are trying to attract commercial developers. It is critical that we have a place where everyone feels welcome." He noted that he sees pushback from citizen emails. Councilor Woodard said his earlier concern was distance from active parks (and wanted a way to define activated parks) and while it would be a challenge,he was open to a community discussion on distance from neighborhood parks. He was less concerned with trailheads,linear and pocket parks. He said he is more concerned about keeping it from areas where young people and families gather. He said nothing else needs to change about the laws. Council President Snider said he has wrestled with this topic. He felt this does not stymie competition because it is not like there are no other opportunities. Pacific Highway is a long road transecting the city. He noted that encouraging competition is not the main priority for council. He said what the downtown businesses and the CCAC think is very important and the city will need to look at expanding what is allowed but now is not the right time and he is not sure downtown is the right place. Councilor Woodard added that he was in agreement about keeping the downtown a family- oriented environment that everyone worked so hard to achieve. He said he does not want to legislate people's activities and added that he is an advocate for reducing opiates in pain reduction. But he wants downtown to be a healthy and happy place and cannot support it in the downtown now. Mayor Cook said he had statements to make on both sides. He agrees there is a stigma presently but felt it will change over time. He referred to the concern that downtown be family-friendly but noted there is already a liquor store, smoke shop,gun store,bars and locations selling Oregon lottery tickets. He said saying another business cannot be located there is not right and asked,"How can that be when you have all these others?" He referred to LaGrande, Oregon which has two marijuana businesses which have not only been very productive but the owners have been active on their downtown committee. There are no issues and they support other downtown businesses. Mayor Cook continued,"When a competitor is out spinning a sign for$5 joints it makes it hard for anyone to get past. Peer pressure might make this happen next door." He referred to Mr.Widmer's earlier testimony and said he agrees that he would fit in and be a great addition to the TDA. However,he spoke to six downtown business owners and got six negative responses. He said he received no neutral responses; they were all nos. He suggested looking somewhere else in the city, such as Sequoia Parkway, but added that it is hard to keep this business out of downtown when there are all the other things there. He said it may not be the time to allow it downtown yet. TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 10 of 11 Council President Snider asked about the process and questioned whether the council had to vote to maintain something that is already law. City Attorney Rihala said because it came to Council as a Planning Commission recommendation Council should take action on it. Councilor Anderson moved to recommend Option 1 as presented by staff,which is to keep the existing regulations for marijuana facilities as provided in Chapter 18.735. Councilor Woodard seconded the motion. No further discussion was held. City Recorder Krager conducted a roll call vote. Yes No Mayor Cook ✓ Councilor Goodhouse (recused) Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook announced that Ordinance No. 17-06 was adopted. 9. NON AGENDA ITEMS—None 10. EXECUTIVE SESSION—Moved to April 25,2017. 11. ADJOURNMENT—At 8:49 p.m. Council President Snider moved for adjournment and Councilor Woodard seconded the motion.The motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Carol A. Krager, City Record Att t: sl I John L. ook,Mayor -7 Date: 7 / TIGARD CITY COUNCIL MEETING MINUTES -April 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 11 of 11