City Council Minutes - 12/05/2017 City 0f Tigard
■ Tigard City Council/ICDA Meeting Minutes
December 5, 2017
1. BUSINESS MEETING
A. At 6:30 p.m. Mayor Cook called the City Council and Town Center Development Agency
meeting to order.
B. Mayor Cook asked City Recorder Krager to call the roll.
Present Absent
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
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—City Manager Wine said Streets and
Transportation Projects Engineer McCarthy will give an update on a CIP project at the end
of the meeting.
2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication—City Manager Wine reported that in
response to neighbors' concerns about a development near 121"Avenue,Community
Development staff have met with them. The neighbors requested that a walking path be
built rather than a cut-through road to the cul-de-sacs. She said nothing has been submitted
yet. There will be a subdivision but few detail are available. A neighborhood meeting will be
called as part of the pre-application process.This is a Type II matter so it will not come
before council. She will keep council members apprised. Mayor Cook said he drove past
the areas neighbors indicated on maps provided by the neighbors noted that some of the
testimony compared apples to oranges as one was a private lane and the other a public street.
B. Citizen Communication—Sign-up Sheet.
Michael Brewin, 10250 SW Morgen Court,Tigard,OR 97223, said it is imperative that the
level and standard of service the city provides to the community is upheld. A Band-Aid
approach will not keep the same standards that people have enjoyed for decades and have
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come to expect. He read the Tigard Times article regarding the city's budgetary concerns
and discussed it with friends and although he is opposed to increased taxes,his property
will not be worth the same if the city lets the quality of services decrease. The quality of life
will be lowered. He said so the current level of code standards, services and staff,
specifically in the police department,permit enforcement and inspections, streets and
sidewalks, streetlights,public parks and trails and sewer systems can be maintained,he
recommended a levy range of.30-.35 cents per$1000,ten-year,renewable,with a two
percent annual increase. This could be combined with rising fees and proactively issuing
more tickets in all zones and for items blocking streets and sidewalks. This would make it
viable without reducing staff and having to change things in the code. He suggested this
was a good way to sell it to the people of Tigard.
Robert Van Vlack, 15585 SW 109th Avenue,Tigard, OR 97224,addressed the council's
recent decision to approve the statement of unity resolution. He thanked Councilor
Woodard for addressing his concerns about the resolution. He said he wholeheartedly
agreed with him and there are many others in the community sharing the concerns. He said
with the approval of the resolution the Tigard Times has affirmed Tigard as a sanctuary city.
His close friends and neighbors want to know why they had no voice in this decision and
now feel that the door is open for those violating immigration laws to come to a safe
refuge. He said he personally was not concerned about decent hardworking people seeking
a better life for their families,but rather,those in the shadow a sanctuary city creates to hide
while doing their criminal acts. He said most states are keeping illegal immigration and
crime statistics and costs to taxpayers buried to suit a political agenda. He said giving a
voice to those who oppose federal immigration laws has created an atmosphere of fear for
those who respect the rule of law.
3. CONSENT AGENDA: (Tigard City Council and Town Center Development Agency) —
A. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AN IGA WITH
TOWN CENTER DEVELOPMENT AGENCY (ICDA) FOR THE PROVISION OF
ADMINISTRATIVE AND DEVELOPMENT SERVICES
B. CONSIDER AUTHORIZING THE TCDA EXECUTIVE DIRECTOR TO SIGN AN
IGA WITH THE CITY OF TIGARD FOR THE PROVISION OF ADMINISTRATIVE
AND DEVELOPMENT SERVICES
C. CONSIDERATION OF A RESOLUTION 17-46 TO FORM A HOUSING OPTIONS
TASK FORCE
Resolution No. 17-46—A RESOLUTION ESTABLISHING A HOUSING
OPTIONS TASK FORCE TO ADVISE STAFF DEVELOPING POLICY
AMENDMENTS TO THE DEVELOPMENT CODE TO ALLOW A WIDER
VARIETY OF HOUSING TYPES IN TIGARD
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Councilor Woodard requested that Consent Items A and B be removed from the Consent
Agenda for separate discussion. Councilor Goodhouse moved to approve Consent Agenda Item
C. Council President Snider seconded the motion and the motion passed unanimously.
Yes No
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Councilor Woodard discussed his concerns with Consent Agenda Items A and B. He said he
did not have a problem with reimbursement of soft costs but wanted a discussion on
prioritization. Council President Snider asked if his concerns were about governance and
oversight and Councilor Woodard asked what oversight,as used in the documents,means. He
said as a citizen he is concerned about the taxes. He wants to make sure the $200 million
invested in Tigard is tracking right.
Councilor Woodard discussed his concerns with Consent Agenda Items A and B. He said there
is an undetermined budget and felt the scope had changed. He commented on staffing
resources and noted that the economic development manager left for another job. He
mentioned a previous discussion back when Councilor Henderson was on the council regarding
changing the composition of the development agency board to get some additional skill sets on
it. He said he did not have a problem with reimbursement of administrative support or other
soft costs but wanted a discussion on prioritization and how the City is doing the business of
economic development. Council President Snider asked if his concerns were about governance,
oversight and who is on the board?Councilor Woodard agreed those were his concerns and also
the taxes and making sure the $200 million invested in Tigard is on the right track.
Redevelopment Project Manager Farrelly said the IGAs cover housekeeping items and make
explicit the relationship that already exists. The city and agency are two distinct entities under
state law and the only IGA that exists now is about the city loaning money to the agency and the
agency repaying that money. The city attorney thought it a good idea to be more explicit about
each entity's responsibilities. The city hires staff and provides budgeting and city attorney
services. The agency can reimburse for those costs. Other things were added such as loan
repayment terms and insurance. It formalizes an existing relationship. The budget still gets
adopted every year and decisions about loaning the agency money or reimbursing the city for
staff time are made in Budget Committee process.
City Attorney Rihala said Councilor Woodard's concerns are one step ahead of these IGAs.
These establish the relationship of the two separate entities.The substantive questions he raised
are down the road once this is clarified. Council President Snider asked if it would be fair to say
this should have been done when the agency was established and City Attorney Rihala replied,
"Absolutely.This is really for the legal protection of the agencies."
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City Manager Wine added that there is an existing IGA that is solely about the loan between the
two agencies. She said there will be a broader conversation about the items such as staffing,
work,and plans for the two urban renewal areas during the budget process. Mayor Cook
pointed out that as TCDA Executive Director she cannot spend outside the budget created for
the agency. Ms. Wine agreed and said as part of the TCDA budget process a program plan for
the agency based on the increment that has been generated. She responded to Councilor
Woodard's comments about staffing and said Mr. Farrelly had been hired when there was only
one urban renewal agency and now that the Tigard Triangle area has been added there will likely
be a staffing resource for the Triangle. She commented about the budget situation and said this
agreement makes it possible for staff support to come from a source other than the general
fund.
Councilor Woodard said he never had an issue with the loans but asked why reimbursement is
being sought now for staff,work space and supplies. He said he is concerned with city efficiency
and would like a discussion on each of the provisions. Council President Snider asked if he
would be prepared to act on the IGAs in one or two weeks. Councilor Woodard indicated that
would give him enough time to compare agreements. Council President Snider made a motion
to move both topics to the January 2 council meeting. Councilor Woodard seconded the
motion. Mayor Cook conducted a vote and the motion passed unanimously.
Yes No
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
4. APPOINTMENT OF BUDGET COMMITTEE MEMBERS
Finance and Information Services Director LaFrance gave the staff report. He said there are three
voting positions on the Budget Committee. Mayor Cook and Council President Snider'as the
Appointments Advisory Committee,interviewed 14 citizen candidates and recommend appointing
Clifford Rone and Timothy Cadman to three-year terms and Liz Newton to a two-year term. Chris
Bence was recommended as an alternate member.
Council President Snider moved to approve Resolution No. 17-47 and Councilor Goodhouse
seconded the motion. City Recorder Krager read the number and title of the resolution and Mayor
Cook conducted a vote. The motion passed unanimously.
Resolution No. 17-47—A RESOLUTION APPOINTING CLIFFORD RONE,
TIMOTHY CADMAN AND LIZ NEWTON TO THE BUDGET COMMITTEE
AND APPOINTING CHRIS BENCE AS AN ALTERNATE MEMBER
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Yes No
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
5. APPOINTMENT OF AUDIT COMMITTEE MEMBERS
Finance and Information Services Director LaFrance said on November 30,2017,Mayor Cook and
Council President Snider interviewed candidates and selected Jeremy Nichols for a voting position
and Ann McElligott as an alternate member. .
Councilor Anderson moved for approval of Resolution No. 17-48 and Councilor Goodhouse
seconded the motion. City Recorder Krager read the number and title of the resolution. Mayor
Cook conducted a vote and the motion passed unanimously.
Resolution No. 17-48—A RESOLUTION OF THE CITY OF TIGARD,
OREGON APPOINTING JEREMY NICHOLS AS A VOTING MEMBER
TO THE AUDIT COMMITTEE AND ANN McELLIGOTT AS AN A
ALTERNATE ON THE AUDIT COMMITTEE
Yes No
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
6. LEGISLATIVE PUBLIC HEARING: CONSIDERATION OF PARKING AMENDMENT
ORDINANCE,MASTER FEES AND CHARGES RESOLUTION AND ABANDONED
VEHICLE ORDINANCE UPDATE
A. Mayor Cook opened the public hearing.
B. Mayor Cook announced the hearing procedures.
C. Senior Transportation Planner Brown gave the staff report and PowerPoint presentation,
joined by Community Service Officer Hellstrom. He said there has been an increase in
parking demand in the downtown in the past year.The Atwell-off-Main housing added an
influx of new residents. There are dog park user and TriMet Park and Ride lot spillover cars
parking on Burnham. Mr. Brown described the administrative evolution of parking and said
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downtown Tigard has maximized its on-street parking and is now looking at a permit system
so downtown employees and residents will have available on-street parking. A three-phase
plan was developed to optimize parking for customers, employees and residents. Phases 1
and 2 were completed and expanded 2-hour parking spaces on Ash Avenue,Burnham Street
and Tigard Street. Phase 3 will make sure cars are not being stored on the street and that
employees and residents have parking available in low-turnover areas. He said the code will
be changed by taking out the specific sections by street and adding language that says
parking will be"specified by signage."
He showed a graph indicating where increased enforcement will occur.Ash Street parking
was changed to 2-hour in anticipation of Atwell (residents are charged a$35 fee for parking
in their lot). The future retail space in Atwell that will need turnover parking. From 10:00-
2:00 p.m. the 2-hour parking will be extended onto Burnham Street and on Tigard Street.
Loading Zone approvals will be changed in the future and will need to come to Council for
approval by resolution.
Mr. Brown said the recommendation is to create 4-hour spot parking areas and allow
purchase of all-day permits for downtown area employees. A fee of$35 is contemplated.
Fees and fines will be kept at$50. He said the fine for parking in a disabled parking spot is
recommended to be$160.00.
Senior Planner Brown showed a slide of peer city parking permit comparison. He said
Tigard's proposed$35 permit cost is lower than Milwaukie's and Oregon City's ranges from
$20-$60 depending upon location.The cities all have a moving requirement where a car must
be moved a certain distance away from the original spot in order to start the clock for
another 2-hour period. Tigard's code requires a move of 300 feet away. He showed a slide
of suggested areas for 4-hour parking. Staff has looked into the logistics of selling permits
online and in the Permit Center,starting in 2018.
Mr. Brown asked council for input on permit fees and fines. He noted that some minor
errors were discovered in the ordinance material distributed last week and these amendments
should be noted in a motion if council votes tonight.
Public outreach included letters to 225 businesses downtown and an Open House,which
two businesses attended.A presentation was made to the Tigard Downtown Alliance.
Letters were sent to downtown businesses again on November 16. Four comments were
received on the website and Council has copies of those comments.
D. Public Testimony: Mayor Cook called upon those who signed up in favor to testify.
Carine Arendes represented the Town Center Advisory Commission(TCAC) and shared
three things: 1) Parking is not the reason people come downtown. They want to play,
shop,or dine. Parking is an afterthought and parking free is a perk. 2) Tigard has an
overall adequate supply but it doesn't feel that way because of distribution. 3) Retail
districts that are successful and have good walking environments prioritize parking for
visitors. She said the TCAC supports these code changes.
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Mike Brewin, 11225 SW Morgen Court,Tigard 97223,briefly addressed a concern that
there was improper notification of the public hearing. He said it was on the agenda and
website but most people do not go there. He said there should have been a news media
notification with specifics in the last few weeks and mentioned the Cityscape newsletter
which used to be mailed to everyone. He noted inconsistent start times and vague and
incomplete descriptions of the agenda item.
Mr. Brewin said changing wording in the code will directly harm property values of every
Tigard residential property. He added that part of the proposal could harm public safety
and property protections and advance notice should have been sent to all those affected.
He spoke about proposed parking code amendments to 10.28.022 .C, 10.28.020, 7.06.010
and 7.06.020.C.1.
In Section 7.06.020.C.1 he noted that the word"washing"was deleted and washing vehicles
on public streets has always been illegal in Tigard. He said there was no overwhelming
public support for this change. He said he lives on a hill so water and sludge flow down and
this creates hazards for pedestrians and is unsightly. He noted it only costs $2 to wash a car,
boat or motorhome at a self-serve car wash. He showed a photo of a man servicing a boat
parked on the street on a blind curve which created a hazard to oncoming vehicles.Another
photo showed a man washing his recreational vehicle and blocking the sidewalk with the
hose. He quoted the code from the City of Sherwood which has the same standards as
Tigard and asked Council not to lower their standards. He read from Bloomington,
Indiana's City Code,Chapter 15 regarding a prohibition on washing/greasing/repairing cars
on the street unless it is an emergency and said it is standard language in many locations.
Mr. Brewin referred to storage of cars and suggested maintaining 24-hours as the
benchmark for vehicle storage. He said this would give the Tigard Police Department more
leeway to get vehicles off the street in a timely manner. He said increasing this limit by
seven times is irresponsible and the consequence of this code change would be a steady
proliferation of people breaking this law in Tigard. Longer storage invites property crimes,
car camping,and selfish neighbors storing multiple vehicles which will lead to
neighborhood conflicts.
He suggested not changing the ten-day limit for motor homes because it creates a wording
loophole that could allow parking on the street 365 days a year.
Mayor Cook said Council has read the material Mr. Brewin submitted and asked if there
was anything he wanted to say not already submitted. Mr. Brewin said he wanted those
specific sections discussed and no changes made that will affect quality of life,public safety
and longstanding community standards. He added,"If it ain't broke,don't break it."
E Public Testimony: Mayor Cook called upon those who have signed up in opposition to
testify. No one signed up to speak.
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F Response to testimony by staff
City Attorney Rihala referred to the notification question and said it met requirements. She
said there is no requirement for number of days'notice for changes to the Municipal Code,
unlike there is with land use ordinances. She said for it just had to be"reasonable notice"
and the Attorney General's Office has stated that posting on an agenda is reasonable notice.
Senior Planner Brown said in general,staff was simply making the ordinance match the
officer practices. CSO Hellstrom said they are clarifying code language in the abandoned
vehicle to match current enforcement practices and to make it clear and understandable to
citizens. She added that there are only two CSOs and they've used the seven-day timeframe
for years. Mayor Cook questioned whether it was better to change laws to match what the
city can afford to do or leave the law in place so rule followers will follow it.
Councilor Goodhouse asked about a situation in the neighborhood where a truck and travel
trailer move around different neighborhoods. Officer Hellstrom said the abandoned
vehicle ordinance can be used for the amount of time parked but the trailer itself cannot be
on the street from 12:00 a.m. to 6:00 a.m. so officers would use a combination of the two
code sections. If people are actually staying in the camper,patrol officers would use the "no
camping" ordinance.
Senior Planner Brown said staff received a letter with concerns about wanting unrestricted
parking in front of their business. Nearby 4-hour spots will satisfy their needs and still
leave the three spots for customers. Councilor Snider asked about the comment on the
evening parking in the lot behind Jeffery Allen. Mr. Brown said if it was made pen-nit only
it would be marked for Monday-Friday,daytime only.
Councilor Woodard asked how many ADA parking stalls were in the downtown and Senior
Planner Brown said there was one for each lot. Councilor Woodard said the downtown is
pretty challenging for those in wheelchairs. Mr. Brown said it was not part of the current
study but they did get a comment that the ADA stalls do not provide enough room on the
passenger side. He said this comment will be given to engineering and staff will take a look
at the spots,particularly when the north side of Main Street is designed.
Council President Snider said it appeared that the fine for parking in the disabled parking
spot is lower than in other jurisdictions. He asked why$460 was changed to $160. Senior
Planner Brown said the state changed it and several jurisdictions have not updated their
ordinances yet. The $160 amount is in line with the state. Council President Snider said it
was inconsistent with our values.
Council President Snider asked about removing the restriction about washing cars. Officer
Hellstrom said she has never received a complaint about someone washing their car while
parked on a street. Council President Snider suggested that was because people are
following the law and having it in the code is actually working. Councilors Goodhouse and
Anderson agreed with leaving the prohibition in the code.
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Councilor Woodard requested a list of what is being changed and why. Councilor
Goodhouse said he is fine with the downtown parking sections but wanted further
discussion on abandoned vehicle code chapter.
City Manager Wine said staff needs guidance from council and staff will prepare a crosswalk
to show what is proposed to change and why to give Council clarification.
Councilor Goodhouse asked how people who come downtown regularly and park for the
day will be tracked. Senior Planner Brown said police staff will know when people move. It
is unlikely they will be ticketed. Officer Hellstrom said it would be difficult for police to
track unless they GPS chalk the vehicle.
Councilor Goodhouse said he was fine with the downtown parking portion but wished to
table the remaining code changes. Councilor Woodard asked if anyone has contacted staff
about loading zones.
Council President Snider requested that a fine of$300 be put in place for parking in a
disabled parking spot.
City Manager Wine summarized that Council wants to revisit the amount for a disabled
parking space violation,reconsider adding washing vehicles back into the section where it
was deleted,consider whether removal of a vehicle should be 24 or 72 hours or seven days
and provide a listing of changes to the code and the reasons for them.
G. Council Consideration:
Councilor Goodhouse made a motion to continue to the hearing to January 2,2018 and
Councilor Anderson seconded the motion. Mayor Cook conducted a vote and the motion
passed unanimously.
Yes No
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
7. CONSIDER AUTHORIZING THE MAYOR TO SIGN AN AMENDED IGA FOR THE
WALNUT STREET PROJECT
Streets and Transportation Project Engineer McCarthy gave the staff report. He said the project
construction is complete and this amendment to the IGA with Washington County documents
some changes and also provides for plant establishment monitoring in the stormwater treatment
swale. Storm water will be cleaned before entering the creek by plants and the city wants to hire a
consultant with the expertise to ensure the right plants are used and that they do this job. The city
will hire one consultant for five years and Washington County will reimburse the city. The IGA
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covers things that were done differently such as replacing a water line that was discovered to be
deteriorating, sewer trench work repaving on 112th Avenue and a new flashing light crosswalk on
116th Avenue.
Council President Snider moved to authorize the Mayor to sign an amended IGA for the Walnut
Street Project. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the
motion passed unanimously.
Yes No
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
8. NON AGENDA ITEMS—Streets and Transportation Project Engineer McCarthy addressed some
questions Council had about the Upper Boones Ferry Road and Durham Road Signal Project. He
gave a memo to council and this has been added to the packet for this meeting.
He said the original program was to get the Upper Boones Ferry and Durham Road to Highway
99W corridor traffic signals talking to each other. The first steps were completed such as updating
computers controlling the traffic signals. Basic coordination was implemented(time-based,mostly
green lights down the corridor as much as is possible) and the Summerfield Drive signal was tied
together with the Highway 99W signal,which is the biggest improvement that can be made.
In summer of 2016 he got news of the settlement ODOT made regarding the Americans with
Disabilities Acts settlement and how it would be applied in public rights of way. This set best
practices for the state,especially for projects managed by the state with federal funds,such as this
one. It took the state and some mobility groups almost a year to figure out what the standards will
be. He said they are reasonable in that if we are just updating the electrical system in the cabinet,we
do not have to redo the curb. With that we believe we can go forward with a viable project. He said
they are looking at tying together the signals from I-5,down Upper Boones Ferry to Durham and
then to Tigard High School at 92nd Avenue. In response to a question from Council President
Snider,Engineer McCarthy said it made more sense to leave Summerfield to 99W tied together and
leave out 98th and 108`"because traffic volume is quite a bit lower at those two intersections and
does not have the changing peaks and heavy flow that the high school has at the end of a game or
tournament. A project re-kick-off meeting was held a few weeks ago. He noted that the
Washington County traffic signal staff has been very helpful.
Councilor Goodhouse asked if Upper Boones Ferry/Durham Road coming from Tualatin will be
considered. Mr. McCarthy said that is part of this but Durham Road is at capacity from that
direction.A lot of the slow down for southbound traffic beyond Durham is due to downtown
Tualatin.
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Council President Snider noted that the WES line significantly contributes to traffic problems in this
area and asked if anything is tied in for the WES. He said the train track signal is tied to the
Durham/ Upper Boones signal and this will allow it to be tied to the entire corridor's signals.
Mayor Cook said part of this project funded by the City was the school zone flashing lights at
Durham elementary and two places at the high school. He asked for feedback on whether this helps
the flow on school days during non-peak times and Engineer McCarthy said they think it has. He
added that they did turn on the 20 mph twice during the day for lunch periods due to the number of
students walking across Durham from the high school. He said this project includes more changes
for the crosswalk at Durham with a two red lights and walk/don't walk signs. This will bunch up
the walkers a little more and help move traffic through more safely.
In response to a question from City Manager Wine regarding the schedule,Mr. McCarthy stated it is
still being worked on and the state consultant contract will need to be modified to include the ADA
retrofit. At that time the schedule will be more certain.
9. EXECUTIVE SESSION There was none.
10. ADJOURNMENT
At 8:44 p.m. Councilor Goodhouse moved for adjournment. Council President Snider seconded the
motion and all voted in favor.
Yes No
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse44 ✓
Carol A. Krager,City Recor er
Attes
John 400k,Mayor
/,-u aois'
Date
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