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City Council Minutes - 11/14/2017 a Cit of Tigard Tigard City Council Meeting Minutes November 14, 2017 TIGARD �J STUDY SESSION A. RECEIVE UPDATE ON STATUS OF CAPITAL IMPROVEMENT PROGRAM City Engineer Faha presented a PowerPoint on the first quarter progress of projects in the Capital Improvement Program. She updated council on the status, cost and timeline for each project. Council comments included concern about the signage at Dirksen Nature Park. Mayor Cook noted it isn't clear from driving by that there is an overlook. Councilor Goodhouse asked about the permanent signage and Engineer Faha said she will check with Parks Supervisor McKnight on the status. She noted that Bull Mountain Park is not as ADA accessible as promised so the Friends of Bull Mountain Park have some work to do before the city accepts it. Council President Snider requested to be included in discussions leading to decisions on the Upper Boones Ferry signalization project. B. COUNCIL LIAISON REPORTS— Councilor Goodhouse was appointed Chair of the Willamette River Water Coalition which includes representatives from Tigard,Tualatin,Sherwood and the Tualatin Valley Water District. Councilor Anderson noted that 50 people came to the Planning Commission meeting regarding zoning changes. The postcards the city is required to send out for Measure 56 notification are alarming to people and misunderstood by most. Administrative Items: The November 21 meeting is cancelled. Council was reminded that TVCTV will tape the holiday greeting on November 28 just prior to the business meeting. Council outreach may be scheduled for the fifth Tuesday in January at the Summerfield Clubhouse. Mr.Van Vlack was present and said he would be pleased to work with staff on arrangements. 1. BUSINESS MEETING A. At 7:32 p.m. Mayor Cook called the Tigard City Council meeting to order. B City Recorder Krager called the roll. TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 8 Present Absent Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ C. Mayor Cook asked everyone to stand and join him in 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. Tigard High School Envoy—Associated Student Body Vice-President Sierra Kruse updated council on Tigard High activities and events in the last month including the annual Powderpuff Football game, Homecoming parade and dance,which had a record 1,000 students in attendance. Students hosted a breakfast and assembly for veterans in the Tigard community. A Halloween classroom trick or treat event was held for local children. The National Honor Society completed a blood drive. The football team is moving into the quarterfinals and the band is officially a six-time NWAP Class A Champion. C. Tigard Chamber of Commerce—Tigard Chamber CEO Mollahan reported on Chamber activities. Leadership Day was dedicated to learning about human needs within the community. Just Compassion,Project Homeless Connect, Community Action, CPAH, Good Neighbor Center, St. Anthony's Severe Weather Center, St. Vincent De Paul Food Pantry, Tigard Senior Center and Luke Dorf participated with presentations or tours. A new event downtown is Small Business Saturday on November 25,with 17 local businesses and #ShopSmall participating. The Holiday Tree Lighting is on December 1 at Liberty Park. Santa will arrive by TVF&R and will meet and greet after leading a parade to the Ballroom Dance Company. D. Citizen Communication—Sign-up Sheet. Alexiei Holstein, 11120 SW 119x''Avenue,Tigard, OR 97223 said he has been a Tigard resident for 10 years. He said a planned subdivision going into the Trinity Church property off of 12151 Avenue proposes 15 new homes. The city engineer for street planning says a street will need to come through an existing neighborhood and connect to an existing street. The neighbors are concerned about this cut-through connectivity. There is already stop and go traffic during rush hour. The streets are dark,with no sidewalks or streetlights. The existing road is wider than the newer neighborhood street guidelines. Putting this road through makes it a major thoroughfare under very unsafe conditions. He asked that required connectivity be met instead through a walking path instead of a street. City Manager Wine asked Mr. Holstein to leave his contact information with staff for follow-up. TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 8 3. CONSENT AGENDA: (Tigard City Council) — A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MEETING MINUTES • September 26, 2017 • October 3, 2017 Councilor Goodhouse moved for approval of the Consent Agenda. Council President Snider seconded the motion and Mayor Cook conducted a vote. Motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard (Absent) 4. LEGISLATIVE PUBLIC HEARING—DCA 2017-00003 ADMINISTRATIVE PROCESS AND PROCEDURES PHASE 1 A. Mayor Cook opened the public hearing. B. Hearing Procedures—Mayor Cook announced that anyone may offer testimony and asked those interested in testifying to sign up to speak. C Staff Report —Assistant Community Development Director McGuire and Associate Planner Lindor gave the staff report. Phase 1 is about administrative and procedural changes and includes total reorganization and renumbering of the Community Development Code and is considered less controversial than what will come forth in Phase 2. There are several other issues attached to the project and these proposed changes will come back to council by this time next year. It includes code updates that support the strategic plan,walkability, changes to some street standards as well as changes in support of the update of the Housing Goal (cottage cluster housing, accessory dwelling units). Keeping urban chickens is in a different project timeline. Mayor Cook said he understood the phasing and realized that there may be more controversial sections than originally thought. He said he had no problem with the renumbering but in essence, not much of substance is changing, and asked what was staffs reason for not doing it all at once. Mr. McGuire responded that in part,it was because it is TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 8 such a huge project. When making housing changes, for example, a Citizen Advisory Committee will be needed. And some policy changes will have different levels of public outreach efforts. Staff first wanted to get the code framework set to make it easier to implement the larger changes. Associate Planner Lindor showed a PowerPoint and discussed the focus of Phase 1 which includes general housekeeping, reorganizing and consolidating of the Community Development Code so it is more useful and readable for staff and the public. Outdated or ineffective regulations have been removed. Staff did a total overhaul of the process and procedures chapter and addressed minor deficiencies. Current practices related to neighborhood meetings are codified. Minor deficiencies are discussed in more detail. Waste-related requirements have been removed and the City will now ask the waste haulers to submit their requirements for how large a waste container area should be rather than legislating that. Mayor Cook asked if there was anything stating when a resident can put out their can on garbage day. Ms. Lindor said the language being removed relates to commercial waste, not residential. On density calculation regulations the current code allows an applicant to exclude a single- family lot if there is an existing home that is proposed to remain, as long as the lot is the minimum size of lots in that base zone. But in actuality,people are proposing much larger lots so projects are not meeting intended density,which conflicts with the Comprehensive Plan and the Metro Housing Rule. The change is that the City will no longer allow the exclusion of the lot with the single-family home. The lot-consolidation process is a new process being folded into the lot line adjustment process chapter. Tigard does not have a process currently and has been using the lot line adjustment process to do this. Processing timelines for land use applications have been updated because the CDC is inconsistent and switches between calendar and business days which is problematic and confusing. It also opens the city up to procedural errors and appeals. Staff proposes a switch to calendar days.. Mayor Cook suggested adding that if a calendar day ends on a holiday it gets pushed out one day. City attorney Rihala said that is assumed but it could be added. Ms. Lindor said the publishing requirements for Type III land use applications were updated. Type III land use applications require a public hearing and staff is required to publish a notice in the newspaper. Staff is proposing to remove this requirement for publishing because it is not a state requirement,notices are already being sent to all property owners within 500 feet of the property site (only 100 feet is the requirement by law),and all public hearing notices are published online. It can be expensive and adds extra time to the timeline because of the newspaper requiring at least a week's advance notice. Legislative hearings would continue to be published in the newspaper. Associate Planner Lindor said the current code does not have a method to measure lot width. There is only a standard for average lot width. Currently, applicants have to demonstrate that on average,each lot meets the requirements for that zone if there is one for that zone. Because there is not a consistent method of measuring this has led to many methods of measurement and has resulted in oddly-shaped lots in subdivisions. The city is proposing to TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 8 measure lot width at the front setback line. Having a method would give consistency,result in better configured lots, a greater street presence and easier administration of setbacks. Associate Planner Lindor noted that because of the public notice required by Measure 56, staff received some public comments. Most were asking how this affects their property. Staff heard that some residents did not receive the notice until after the hearing with the Planning Commission. She invited those who left their information to the public hearing tonight. The City hired DocuMart to compile the mailing and they confirmed in writing that over 15,000 mailers were delivered to the post office. The post office bulk mail department confirmed they received that number of mailers. Mayor Cook said an advantage of bulk mail is the price but a disadvantage is that the post office can decide when to send them out. Assistant Community Development Director McGuire said it was dropped off on September 6 but some people did not receive their notice until October 26. Council President Snider commented that just the act of mailing something does not guarantee its arrival. State standards do not say it has to end up in their hands. Staff met last week with the Home Builders Association and sent a memo to council with information on an issue with lot width measurement. Staff is open to tabling this item to Phase 2 and working with the HBA towards coming up with a compromise that can work for both. D. Public Testimony - Mayor Cook called upon those who signed up in favor of the proposed amendments to testify. No one signed up to speak. E. Public Testimony -Mayor Cook called upon those who signed up in o1212osition to the proposed amendments to testify. James Atkins, Home Builders Association of Metropolitan Portland, 15555 SW Bangy Road, Lake Oswego, OR 97035 testified that he is very supportive of staff's proposal to pull out the lot width section and work with them towards a reasonable compromise. He said they delivered written testimony. He said he supports the proposal to work through a development advisory committee or something similar. David DeHarpport, Four D Construction Company, 14985 SW Ruby St.,Beaverton, OR 97007, said his company has quite a bit of activity going on right now in Tigard. He thanked Mayor Cook and council for their support for refunds to the Gary Sinese Foundation for permit fees. He said the veteran's family is very happy with their home in Tigard. He said his firm recently built some subdivisions in Tigard and there were lots that would not meet the setback requirement in this proposed code. He encouraged council to drive by Gaatde and 118`'' to see an example. He said in his opinion the method of measuring lot widths would eliminate cul-de-sacs in the City of Tigard.. If you need a 25-foot required driveway plus 50 feet 20 feet back it takes up a lot of room. You would need very large lots exceeding minimum size lots. There is only so much that can be done with lot averaging in subdivisions and he felt this would end up reducing density. He appreciates staff deferring this. F. Staff Response to testimony TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 8 Mayor Cook thanked Mr. DeHarpport for building the Gary Sinise Foundation home. He said it was a great event and he enjoyed meeting the family of the veteran living in the home. Council President Snider said he is encouraged about working together but asked that the developers participating understand that they need to be clear with staff about what they want and realize that it also has to address the needs of the city. He hopes they can create a compromise that is usable and addresses the issues. Councilor Anderson asked if other cities have a minimum lot width. Mr. DeHarpport said Portland does. Southeast Portland is a grid system so this works well. Tigard has wetlands, greenways, steep terrain, curved roads, cul-de-sacs, and infill constrained by existing homes. From his perspective there needs to be a common sense lot width but measuring from the front is not the best method. Assistant Community Development Director McGuire said staff has offered to pull the minimum lot width section out of Phase 1 and work through this in Phase 2. G. Mayor Cook closed the public hearing. H. Council Discussion and Consideration - Ordinance No. 17-22 and Ordinance No. 17-23. Councilor Anderson said it needed to be done. He said council will get into the "meat"in Phase 2. He said he supports Phase 1 which has been through the Planning Commission and staff working with the Home Builders this is a win-win. Mayor Cook acknowledged that this has been a long and tedious project but the result will be worth it. He mentioned his own experience of having to search in three places in the code to get information he needed for a home occupation permit. He commented that the day calculation is a great fix. He thought the residential density explanation he heard tonight was good and said it has been confusing to see people divide a five-acre lot but keep half for themselves. Council President Snider clarified the motion and Mr. McGuire suggested keeping the numbering in the ordinance but remove the wording so there is a placeholder. He said to remove the text regarding measuring lot widths. Council President Snider moved to approve Ordinance No. 17-22,removing the text for measuring lot widths. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the Ordinance and conducted a roll call vote. Ordinance No. 17-22—AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE OF THE CITY OF TIGARD, FOR THE PURPOSE OF ADOPTING THE ADMINISTRATIVE PROCESS AND PROCEDURES-PHASE I UPDATE (DCA2017-00003) AND REMOVING PROVISIONS RELATING TO STORAGE IN FRONT YARDS FROM THE DEVELOPMENT CODE IN CDC 18.730.050, as amended to remove text for measuring lot widths TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 8 Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard (Absent) Mayor Cook announced that Ordinance No. 17-22 passed by a unanimous vote of council present. Council President Snider moved to approve Ordinance No. 17-23. Councilor Goodhouse seconded the motion. There was no further discussion. City Recorder Kragen read the number and title of the Ordinance and conducted a roll call vote. Ordinance No. 17-23 —AN ORDINANCE AMENDING SECTION 6.02.170 OF THE TIGARD MUNICIPAL CODE RELATING TO NUISANCE VIOLATIONS AND STORAGE IN THE FRONT YARD Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard (Absent) Mayor Cook announced that Ordinance No. 17-23 passed by a unanimous vote of council present. 5. INFORMATIONAL PUBLIC HEARING—CONSIDER CRITERIA FOR CITY MANAGER EVALUATION A. Mayor Cook opened the public hearing. B. Mayor Cook announced that this is an informational public hearing and anyone who signed up to speak may testify. C. Human Resources Director Bennett gave the staff report and said this is an opportunity for the public to give their input into the City Manager's annual evaluation process. She noted that there are only minor changes to the process with the exception of some adjustments in who will be invited to provide feedback, as some roles have changed hands. D. Public Testimony—No one signed up to speak. E. Mayor Cook closed the public hearing. F. Council discussion and direction to staff. TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 8 Council President Snider recommended moving forward with what staff presented and other council members agreed. 6. NON AGENDA ITEMS -None. 7. EXECUTIVE SESSION -None 8. ADJOURNMENT At 8:21 p.m. Councilor Goodhouse made a motion to adjourn the meeting. Councilor Anderson seconded the motion. Mayor Cook conducted a vote and all voted in favor. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard (Absent) Carol A. Krager, City Re der Attest: 1 John: /C jook,Mayor Date: �L a TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov I Page 8 of 8