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City Council Minutes - 11/28/2017 City of Tigard Tigard City Council Meeting Minutes November 28, 2017 . a=91 � STUDY SESSION A. DISCUSSION ON FORMING A HOUSING TYPOLOGIES CITIZEN ADVISORY COMMITTEE Planner Warren gave council background on a proposed housing typologies citizen advisory committee (CAC) to guide with code updates in the housing portion of the Policy and Procedures Phase II Development Code update. In this phase changes will be made to the 2013 Housing Strategies Report, the 2015 Strategic Plan Implementation Code Audit, Senate Bill 1051 as well as other suggested changes from staff. The committee will focus on changes to the development code affecting housing construction. There are state-mandated changes that must be made to the code by July 1, 2018. Mayor Cook asked who the committee will advise and Associate Planner Warren said it would advise staff and the Planning Commission. Mayor Cook said he did not want to create another committee when the city has yet to form a committee it told the Homebuilders would be formed. Councilor Goodhouse suggested that if it is short-term it would be more of a task force than a committee. Mr. Warren said it is not expected to be long-term and at this only time four meetings are planned between January and April, 2018. Council President Snider recommended not using the word"typologies"which may be confusing and suggested just saying"housing types"when communicating about this committee. Councilor Woodard suggested mentioning universal design and encouraging everything necessary to maintain people in their homes. ADA compliant homes involve extra amenities. Mayor Cook commented that he has attended presentations on the "missing middle"in housing and noted that duplexes,triplexes, fourplexes and cottage homes have not been built in Tigard for some time. He said investors love them but banks do not. He said he would like to see this concept back in the code but questioned whether they can get financing. Councilor Woodard suggested adding the words "ADA compliant" or"universal design" to resolution in the second to last Whereas clause. Council agreed that this could go on a future Consent Agenda. B. COUNCIL LIAISON REPORTS Councilor Woodard reported on the Park and Recreation Conference where the focus was on outdoor exercise facilities and rails to trails. He will provide notes to council. There is an obesity TIGARD CITY COUNCIL MEETING MINUTES —November 28, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 10 epidemic and one-third of children are obese while in adults the percentage is 60 percent. Obstacle courses and fitness gyms along paths can provide recreation opportunities to adults. We have playgrounds for children but no structures for people besides kids. Councilor Anderson noted that the Washington County Housing Authority met with the Planning Commission to get them up to speed on affordable housing. He and Mayor Cook interviewed and selected four new Planning Commissioners. Council President Snider discussed a meeting with Tigard Water District and the City of Durham. Councilor Goodhouse noted that the SW Corridor Steering Committee announced that TriMet is handing the project to Metro which will put together a bond for the 2020 ballot rather than in 2018. Mayor Cook said Metro will submit a housing measure in 2018. Councilor Woodard mentioned a homeless camp and what appeared to be a possible bike theft near the Tigard Street Trail. The camp has grown to about 20 people camping in that area. City Manager Wine said there are active complaints regarding activities and trash at the camp. Mayor Cook asked if there was a need to update council goals or ground rules this January and the consensus was there is not. City Manager Wine said a quarterly goal update will be sent to council and if anyone wants to discuss an update it can be scheduled. Administrative Items: 1. Council will tape their TVCTV holiday greeting tonight. 2. Emailed testimony regarding the Welcoming Community resolution was given to council. 1. BUSINESS MEETING A. At 7:32 p.m. Mayor Cook called the meeting of the City Council to order. B. City Recorder Krager called the roll. Present Absent Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ 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. TIGARD CITY COUNCIL MEETING MINUTES —November 28, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 10 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B. Citizen Communication—Sign-up Sheet. Michael Leigland, 11820 SW Manzanita Street,Tigard, OR 97223, said he lives near Scholls Ferry Road and is concerned about the proposed development at the Trinity Evangelical Church property. He said as part of this development there will be a connecting street to 119th Avenue which will create a huge increase in traffic. Drivers already cut through the neighborhood to avoid the intersection on 121"Avenue to get to North Dakota Street. He handed out some diagrams that were added to the record for this meeting.The city's engineer is pushing for connectivity and he understands that but felt this could be accomplished by something as small as a sidewalk rather than putting through a hazardous throughway. He said the road is too narrow for this amount of traffic and the bus stops where his children wait will be affected tenfold. He did not believe there was a traffic study for the development but said people will soon figure out it is a shortcut. He handed out a diagram of a nearby development that is on a cul-de-sac rather than a through street. City Manager Wine said this development is the same one discussed last week and Community Development staff are in dialog with some of the neighbors in an effort to make sure their concerns are heard. Stephanie Herr, 10893 SW 118th Court,Tigard, OR 97223, spoke in opposition to the proposed development at 10900 SW 121"Avenue at the Trinity Evangelical Church and referred to sections of the Community Development Code that relate to this development. She referenced a letter given to council and added to the meeting packet from the community of 119"'Avenue, 118th Court,Manzanita Street,and Springwood Drive. It included a packet of signatures. She read code section Street Utility Improvement Standards 18,810.19. B.b, "traffic calming." She hoped that this is taken into consideration and the city engineer and council require these measure to be taken. She referenced the traffic study requirement listed in the code. Dan Geist, 11055 SW 119th Avenue,Tigard, OR 97223, spoke to the connection issue caused by the proposed development. He said he has been a 40-year resident of Tigard and gave some historical perspective on the neighborhood. SW Manzanita and 119th were developed in 1967 and at least five other residents have been there as long as he has. He said it is a multi- generational street and some neighbors who grew up on that street are now raising their families there. A new generation of young people is learning to skate and ride bikes without sidewalks and streetlights. He is concerned that if the road connection goes through to 121" Avenue it will only be a matter of time before commuters find their way through this neighborhood to avoid backups on 121St and North Dakota. He had no action request for council but urged that these concerns get addressed beforehand prior to problems in the neighborhood are created by this. Donald Sims, 13348 SW Ascension Drive in Tigard, 97223, said he is a former federal criminal investigator and currently works as an anti-terrorism instructor with the State Department for TIGARD CITY COUNCIL MEETING MINUTES —November 28, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 10 police leaders and US-partner nations. He shared his belief with council that the neighborhood on Ascension is unsafe to live and drive in.The reason is the numerous reckless, aggressive, and extreme speeders using our narrow street which is posted for a 25-mile per hour speed limit. It is a convenient shortcut which began with the opening of Progress Ridge Mall in 2011 and has increased exponentially since then. On a daily basis cars travel in excess of 50 miles per hour. Residents attempting to slow down and turn into their driveways are tailgated, honked at, and passed aggressively. He fears for his neighbor children's safety. Even the mail carrier has expressed concerns about the dangerous street. Mr. Sims shared these observations in October 2013 with council and staff and assurances were made that this would be resolved but it has not been. He initiated meetings that same month with the city's engineer and traffic unit sergeant and proposed viable solutions and engineering. With one exception in October of 2016 when citations were issued to speeders, there has been no deterrent or consequences for these traffic violations. He said he is concerned that someone will be killed or injured on this street unless the city enforces the three E's of traffic safety: Enforcement,Engineering and Education. He handed out information to council which has been added to the record for this meeting. Stanford Curry, 13107 SW Ascension Drive,Tigard, OR 97223, said he has lived there since 2011 and has seen the volume and velocity of traffic increase substantially during this time. Major developments along Roy Rogers Road and 150"'Avenue have added more people who are seeking ways to and through Progress Ridge,Murray Scholls, etc. During that time Ascension Drive has not received any speed bumps,humps or traffic calming measures. Recently someone drove through his yard, causing property damage. They would like to get something in place to prevent someone getting hit. He said he sent council a pdf file of recent property damage at his home and testimonials from 14 households on Ascension Drive concerned enough about this to consider crowd-sourcing if the city does not have enough money to sustain it. Illustrations and map locations were identified that would not hinder road construction equipment or emergency vehicle passage. 3. CONSIDERATION OF WELCOMING CITY RESOLUTION City Manager Wine gave the staff report. In April the City Council heard from community members,members from the faith community and other organized groups during the Citizen Communication segment of the agenda requesting approval of a sanctuary city resolution. Council also heard from members of the public who testified in opposition. Since that time, some council members have met with some community members and Police Chief McAlpine. A Unity Statement was read by Mayor Cook at an April council meeting and since that time a draft resolution was prepared for council consideration that affirms Tigard is a "Welcoming City." Mayor Cook announced that there would be public testimony and he called on those who signed up to speak. Gloria Pinzon, 9655 SW McKenzie Street,Tigard, OR 97223, said she met with council during the process of discussing this resolution and is here as a mother, a sister and an auntie (her nephew was present),wanting to support this symbolic resolution. A group of Tigard residents has met on several occasions to try to communicate that there is a lot of fear in our community. Many people TIGARD CITY COUNCIL MEETING MINUTES -- November 28, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 4 of 10 are experiencing hardship and while they understand the city council cannot fix some of those problems, this resolution is a great step and building block towards making Tigard a more inclusive and united city. This will encourage victims to report crimes regardless of their immigration status. It has also encouraged more people to get involved in government,which she said is important. She said the city is very diverse and includes indigenous people of multiple generations past and new generations as well. She said she was here to stand up for documented and undocumented and blended status neighbors who make up the fabric of the city and are in danger. These families live in fear because of the threat of violence, discrimination and the fear of deportation. She asked Council to pass this resolution. Mariana Garcia, 11030 SW Walnut Street,Tigard, OR 97223, said when asked where she lives, she always responds, "the best city in the United States—Tigard, Oregon." She grew up in Tigard. Her father loved the city. He thought the homes and neighborhoods looked like those in picture books. He wanted his children to go to school here and live in a safe home that they unfortunately could not in their country of origin. Her family made the difficult decision to leave everything behind to come live here and chase the American dream. She said Tigard is home to many refugees, some who are documented and some who are asylum seekers. She said she is a DACA recipient. DACA is a program for youth who came to the United States at a very young age as undocumented immigrants and they are granted a temporary work permit that must be renewed every two years for $500 in legal fees. They must go through an extensive application and background check process. This program was just rescinded and once it expires 11,000 youth in Oregon alone face deportation. Unfortunately immigrants, especially undocumented ones are portrayed falsely in the media and often mistreated in ways that are dehumanizing. She said, "Despite everything,we continue working and contributing to our country because this is our home and we love it,just as much as you do." She asked that Council pass the resolution. Rosa Colquitt, 13366 SW 161"Place,Tigard, OR 97223, said she thinks Tigard is wonderful. She described herself as bi-racial,African American and Native American, and wanted to use her voice to speak on behalf of those who were not present. She said every word and line in the resolution is very important and she thanked the mayor,members of council, Chief McAlpine and City Manager Wine for the hours spent working with the Inclusive Tigard group and they are grateful. She said it is important that every Tigard resident feels safe and welcome. This resolution does so much to impact whether or not they feel welcome. She admitted that she does not feel safe at times so safety is an important part of this resolution. She asked for council's affirmative vote. Eric Winger, 11090 SW 131"Place,Tigard, OR 97223, spoke briefly to fear and the response to threats. He said the fear is losing federal grant money and there has been a lot of recent press about sanctuary cities losing Department of Justice grants. The threats are real and coming from the federal level. There have been challenges in court and there may be some people in Tigard who are afraid that we will lose some of that money. He said it was his understanding that the City of Tigard does not receive the Byrne grant so there will not be the loss of federal money from an Edward Byrne grant,unlike in Chicago and Los Angeles. He noted that the word"sanctuary"is nowhere in the document. He asked council to think about the fear and realize it may not be a real fear. A vote in the affirmative for this resolution is the right thing to do to alleviate some other fears in the community. He submitted a letter of support into the record for this meeting. TIGARD CITY COUNCIL MEETING MINUTES —November 28, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 10 Council Discussion: Council President Snider summarized that this statement is the result of a significant amount of effort and dialog between the community and council members in a variety of settings. He said it was difficult work and acknowledged that while most of the community members present do not love the language in the resolution and would like it to be stronger, everyone came to the table and this is something we can live with. He said he wholeheartedly supported this effort. Councilor Goodhouse said this is similar to the statement of unity. He reiterated that this does not change federal government or state law status. He wanted people to know that if this passes it does not mean that people are safe from not getting arrested if here illegally. He suggested some minor amendments including changing the title to "Tigard's Statement of Unity Resolution" to avoid confusion. He also suggested removing specific state code citations because the reference numbers may change if the law changes in the future. He recommended just saying, "State law." Mayor Cook agreed and also suggested simply saying,"Oregon State law" in the last sentence. Councilor Goodhouse asked for removal of the "regardless of immigration status" so that everyone will feel safe and welcome,not just one targeted group. Councilor Anderson said they did not like the words sanctuary city because they are contentious, do not effectively have any teeth behind them and may create a false sense of security. He said this is the third draft and has the desired intent of showing that council and staff understand the fear and we want our citizens to go to school and work, feel good about their city and feel safe. The Police Department has signed off and we have confidence in Chief McAlpine. He said he supported this. Councilor Woodard said he had a hard time supporting a resolution because resolutions are city policy positions and sometimes can be interpreted as law. His biggest concern is that this is a politically charged issue and blamed state legislators because state law is conflicting. He said he had a suggested solution to this fear. He noted that this started out as an"inclusive" city document but Renton,Washington passed an inclusive city statement and it was ruled as a meaning they are a sanctuary city and now there is a lot of divisiveness in their community. He said council ran as non-partisan candidates and suggested that the state legislators are the ones to fix this. He said the Oregon sanctuary law is not formalized as a sanctuary state but is referred to as that. The law is 181.A.820—Enforcement of federal immigration law. He said there is no enforcement of this law. He said he is not concerned about law abiding immigrants but wants a process to ensure enforcing the rule of law. He suggested the legislature could take this portion of the federal immigration law and create a policy that categorizes illegal acts. He said a council resolution feels good but is the wrong tool. Councilor Woodard said he needed more information before taking a vote on this resolution. He said what council is doing is agreeing on a resolution to take a stance on a policy position without a vote of the city. He suggested an advisory vote be taken to see where the public stands. Mayor Cook asked Chief McAlpine to speak on what the city policy is and what officers are asked to do specifically in these situations. Chief McAlpine said Tigard's police policies mirror local ones so they do not ask for immigration status but look into allegations and possible violations. Councilor Woodard asked in what situation Tigard police contact ICE. Chief McAlpine said there has not been such a situation since she has been here but such a situation would be if it came to TIGARD CITY COUNCIL MEETING MINUTES —November 28, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 6 of 10 officer safety or if ICE called for priority backup. Tigard police would come both for officer or community member safety. Chief McAlpine said the policy is that the police do not ask for immigration status. It is not listed on reports and jail intake forms do not ask that either. She said, "All we deal with is the crime." Councilor Woodard said he is concerned that criminal immigrants without documents and papers are released from the Washington County Jail. Chief McAlpine said each jail handles it differently. Councilor Woodard said he is representing constituents and wants to see something that is fair and balanced for the community. He said the Police Chief just verified that an immigrant committing a crime will go to Washington County jail, not checked for status and be released to potentially come back to Tigard and commit another crime. He said what council is doing is agreeing on a resolution to take a stance on a policy position without a vote of the city. He suggested an advisory vote be taken to see where the public stands. Councilor Woodard asked City Attorney Rihala the difference between the words sanctuary, welcoming,inclusive and unity and what legal risks the city would be taking should a resolution pass under one of these names. City Attorney Rihala said a resolution does not have the force of law; an ordinance would do that. In response to a comment by Councilor Woodard that it could be interpreted as law,Ms. Rihala said it should not be. She said a resolution is an administrative tool that the city can use and an ordinance is the legislative tool. She did not see a difference in the word choices, especially in a resolution. She clarified that Title 8 of the U.S. Code is titled,Aliens and Nationality so it is not the criminal code. Councilor Woodard asked those in the audience that provided public testimony why they prefer a resolution verses a unity statement. Ms. Garcia returned to the microphone and asked, "If it is the same thing,why is it so difficult to pass?" She said all council coming together and a voting on a resolution is a more powerful statement and shows that the city stands with its people. She said she understood concerns about the wording but this was proved unconstitutional in California by a Federal Judge. Councilor Goodhouse moved for adoption of Resolution No. 17-45 with amendments: Change the title to Tigard's Statement of Unity Resolution;in the fourth Whereas statement,remove the ORS reference and in Section 1 change Oregon law 181.020 references and replace with the words, Oregon state law. Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 17-45 - TIGARD'S STATEMENT OF UNITY RESOLUTION, as amended. Mayer Cook conducted a vote. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ TIGARD CITY COUNCIL MEETING MINUTES — November 28, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 7 of 10 Mayor Cook announced that Resolution No. 17-45 passed by a majority vote. 4. QUASI-JUDICIAL PUBLIC HEARING: CANYON COURT COMPREHENSIVE PLAN AMENDMENT/ZONE CHANGE/SUBDIVISION/ADJUSTMENT (CPA2017-00001, ZON2017-00001) a. Mayor Cook opened the public hearing. b. City Attorney Rihala read the hearing procedures. c. Mayor Cook asked council if any member had a conflict of interest or ex parte contact. Councilor Anderson said he visited the site. Mayor Cook said he drives by the site quite often. d. Mayor Cook asked if anyone in the audience challenged the participation of a council member. There were no challenges. e. Mayor Cook read a statement about hearing conduct. f. Associate Planner Bilodeau gave the staff report and presented a slide show. She said the project will change the zoning from low density residential R-4.5 to medium density residential R-12 on a .91-acre site for an eight-lot subdivision. The request also includes an adjustment of setbacks adjacent to property zoned R-4.5,reducing from 30 feet to 24 feet. The side is less than one mile away from downtown Tigard. One issue brought up was concern about traffic impacts on SW 98`''Avenue.Associate Planner Bilodeau said 98`h Avenue is designed to handle a slightly higher traffic load. Sidewalk connections will be installed along the frontage. The project will pay into the Washington County and Tigard SDCs to help with traffic impacts. Building eight homes did not trigger a traffic study according to the City's code. The preliminary plan shows reduced setbacks which only affect some lots. An aerial photo was shown for perspective. Associate Planner Bilodeau said staff recommends approval of this Comprehensive Plan Amendment and Zone Change. g. Applicants Scott Miller, 1327 Jay Court,West Linn, OR 97068 and Annemarie Skinner, 6545 SW Halbrook Place, Beaverton, OR 97008 spoke. Ms. Skinner said they agree with conditions listed in the staff report. She said in regard to the setback adjustment, it allows for a deeper house but still maintains a 15 percent tree canopy and 40 percent overall tree canopy on the site. She said even with the adjustment there is still an additional nine feet between the house and the property line. There are a number of higher density areas in existing surrounding zones. The zoning map shows a significant number of R-12 as well as R-7 and R-25. A number of commercial businesses are in the area and it has changed from strictly residential. h. Public Testimony: Mayor Cook said no one signed up to testify. i. Response to testimony by staff. None; there was no testimony. j. Applicant rebuttal to testimony None;there was no testimony. Mayor Cook commented that when changing to zone R-12 he saw no problem except it created an island of R-4.5 surrounded by zone R-12. He preferred to see the entire area with the same zoning so hoped that if the island of R-4.5 is redeveloped it gets rezoned. He TIGARD CITY COUNCIL MEETING MINUTES —November 28, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 8 of 10 wanted the public to know that there are not 12 houses being built on this property; there will only be eight. Mayor Cook said he had an issue with the City's code which allows a private lane for eight houses. He asked, "Why put something in the development code when there is a way around it? Putting six houses on one private lane and two on another allows two private lanes." Councilor Anderson said the existing R-4.5 is fairly new but he could see them changing to R-12 in the future. He said he had no problem with the setbacks and the sidewalk would be beneficial. Mayor Cook asked if the sidewalk will go across the driveway and whether the city will need to ask for right of way from the homeowner. Principal Engineer Le said no additional right of way on the south is needed and the City will fix the apron out to the street. k. Close Public Hearing—Mayor Cook closed the public hearing. 1. Council Discussion and Consideration: Ordinance No. 17-24 Councilor Woodard moved to approve Ordinance No. 17-24. Council President Snider seconded the motion. City Recorder Krager read the number and title of the ordinance. ORDINANCE NO. 17-24—AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT (CPA2017-00001) AND ZONE CHANGE (ZON2017-00001) TO AMEND THE TIGARD COMPREHENSIVE PLAN DESIGNATIONS AND ZONING DISTRICTS MAP FROM R-4.5 TO R-12 ON TAX LOT 1S135CDO1600 There being no further discussion Mayor Cook asked City Recorder Krager to conduct a roll-call vote. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced that Ordinance No. 17-24 passed unanimously. 5. NON AGENDA ITEMS None. 6. EXECUTIVE SESSION None. TIGARD CITY COUNCIL MEETING MINUTES —November 28, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 10 7. ADJOURNMENT At 9:06 p.m. Council President Snider moved for adjournment and Councilor Goodhouse seconded the motion.All voted in favor. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ U l� Carol A. Krager, City RecordejV Attest: John L. C ,/k, Mayor Date: fiV/,q 0 TIGARD CITY COUNCIL MEETING MINUTES — November 28, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 10