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City Council Minutes - 12/11/2018 City of Tigard Tigard City Council Meeting Minutes December 11, 2018 STUDY SESSION Council Present: Mayor Cook,Council President Snider, Councilor Woodard,Councilor Anderson and Councilor Goodhouse. Staff present: HR Director Bennett and City Recorder Krager CITY MANAGER AND CITY ATTORNEY CONTRACT DISCUSSION HR Director Bennett requested Council advice on whether or not to provide a compensation increase to the City Manager and/or City Attorney as a result of their annual performance evaluations. The evaluations were held and now staff needs to know what,if any increase, Council wants to move forward with at next week's Council meeting. She discussed the differences in their contracts and staff recommendations.The City Attorney position is on a regular pay scale within the City's system which would make her eligible for a first merit increase at six months of service and then every 12 months thereafter. She did not receive an increase at six months and has now worked in her position for 15 months without an adjustment. Staff recommends a 7-10 percent increase with her next eligibility for merit in December of 2019. Council President Snider asked if she is also eligible for a cost of living increase and HR Director Bennett confirmed that everyone in the city is eligible for a COLA at the beginning of the fiscal year and that is adopted through the budget. So both the City Attorney and City Manager are eligible for the COLA each July. Councilor Woodard suggested 5 plus 7 percent and Council President Snider agreed with the 12 percent. Mayor Cook said he supported it and Councilor Goodhouse said it was the right thing to do. HR Director Bennett will propose a 12 percent increase in her Agenda Item Summary for the December 18 council business meeting. HR Director Bennett said the City Manager's contract requires a market study. Her compensation is currently 1.8 percent under the middle of the market. She noted a lack of internal equity because city directors receive 60 hours administrative time annually which is provided in recognition for night meetings and other commitments, and the city manager only has 20 hours annually in her contract. Councilor Woodard suggested giving the 40 hours to bring her in line with other director staff HR Director Bennett said this change will make the City Manager's market position to just above mid- market. COUNCIL LIAISON REPORTS Council President Snider said Keith Jenke emailed he and Councilor Woodard saying he was still uncomfortable using the proxy for SDC evaluations. He said he needed an understanding on what the impact of the Lake Oswego/Tigard Water Partnership assets are on future SDC reimbursements. Council President Snider said he could ask Finance Director LaFrance to figure out a simple analysis on what the assets were in 2010 and what the reimbursement SDC would have been. He will prepare a TIGARD CITY COUNCIL MEETING MINUTES —December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 16 simple analysis,not involving a consultant. Councilor Woodard said Tigard has been working on this a long time. Councilor Goodhouse reported that he was interviewed by KATU about the SW Corridor that will be aired on Sunday. They will be back in January for an hour-long interview. He said John Charles of Cascade Policy Institute represented the anti-rail contingent. Councilor Woodard said Rob Drake is the new Vice Chair of MACC. He said the FCC has made rulings on the Cable Act. Verizon and Comcast are looking to discount up to 30 percent on what we receive annually because the value of the service the PEG channels provide is not considered part of their franchise fee. He said it will be important to assign someone on council to attend these meetings once he is off the council. City Attorney Rihala said it will be up to the courts to decide now that the FCC has ruled. She said several cities and organizations have filed suit in many different courts. She has not heard which court venue it will be. Councilor Woodard asked if the city's lobbying firm,CFM could look into this. Council President Snider said the National League of Cities should be involved. Mayor Cook said he put some information in last Thursday's Council packet from the ODOT Area Commission on Transportation. A study on the I-5 through-lane built between Highway 217 and I-205 has 93 percent of drivers getting on at 217 getting back off at I-205 or before. So only seven percent actually have to stay on and merge to go south on I-5. This reduced the congestion time at the busiest time (3:30-4:30 p.m.) by one-third. There will be another auxiliary lane added to I-5 North near the Rose Garden. They feel they can accomplish 95 percent of what they need to do for less cost and it is already funded to be built in 2021 or 2022. 97 percent of people coming onto I-5 south at Broadway, Wiedler or Greeley get right off at I-84 or the Morrison Bridge leaving only three percent going to the Marquam Bridge. 1. BUSINESS MEETING 18 18 A. At 7:32 p.m. Mayor Cook called the City Council,Local Contract Review Board and Town Center Development Agency Meeting to order. B. City Recorder Krager called the roll. Present Absent Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook asked staff and council if they have any Non-Agenda Items. There were none. TIGARD CITY COUNCIL MEETING MINUTES —December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 16 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication— There was none. B. Citizen Communication—Sign-up Sheet. Chris Brown, 12326 SW 131St Avenue,Tigard, OR 97223, expressed concerns about a Type II home occupation permit that is impacting his neighborhood. He said he bought a sloping,low-density, R-4.5 lot with no backyard neighbors. It is near the Roger Hart wetland conservatory. There are five-foot side setbacks so there is ten feet between the houses. He and his neighbors zigzagged their walkways using the ten feet to make it easier to walk down the slope to their backyards. Their decks are on the main floor at street level with basements underneath. He said enforcing 20-pages of CCRs on a new homeowner that brings a business does not create a good neighbor even if the business meets the Tigard Development Code. The code allows commercial activities in neighborhoods and allows six daily customers from 8 a.m. to 10 p.m., seven days a week. The code has no definition for "detrimental" or"disruptive." The code does not limit the type of clients—social, clinical licensed practitioner. The code does not require the business to use the front door. Clients pull into the driveway,walk down between the houses,pause and admire the backyard where there are no neighbors, cross the patio and enter through a sliding glass door. He said as he read an article in the the December 2018 issue of Tigard Life he thought of how Mayor Cook's 350 home business clients impact livability. He said today in his neighborhood you could sit on his deck and meet customers walking down the path between the houses. He said livability and quality of life are referenced in bond measures, city council positions and elections. The livability in his neighborhood has changed. He envisions more business clients doing the exact same process when the property to his north sells. He said he hoped the livability and quality of life came through loud and clear when the city lost Measure 34- 283 because council has lost a lot of citizens in the northwest corner of Tigard. Tigard is not a place to call home;it is putting a business in every home. 3. CONSENT AGENDA: (Tigard City Council) — A. RECEIVE AND FILE: CANVASS OF VOTES FROM THE NOVEMBER 6,2018 ELECTION Council President Snider moved for adoption of the Consent Agenda as presented. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ TIGARD CITY COUNCIL MEETING MINUTES —December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 16 4. LOCAL CONTRACT REVIEW BOARD—CONSIDER ENGINEERING PROFESSIONAL SERVICES—ON-CALL CONTRACT Senior Management Analyst Barrett and Assistant City Engineer Murchison presented this item. . These are for small, ongoing professional needs in the engineering group for various CIP projects. A qualification-based request for proposals (QBS)was issued in mid-October. The services are: Traffic/Transportation systems Engineering and Analysis Environmental Permitting Support Services Special Inspections and Testing Services These 13 contracts in the three categories are for a two-year timeframe. No task order issued to any of the contractors will exceed$100,000 and separately these would not be contracts Council would typically see. Mr. Barrett said as much as possible the city will share the projects. In response to a question from Council President Snider,Mr. Barrett said sharing the projects meant spreading the work equitably among the contractors. Councilor Woodard moved for approval of the on-call engineering professional services contracts as presented. Councilor Anderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook convened the Town Center Development Agency for the following item. 5. TIGARD TOWN CENTER DEVELOPMENT AGENCY—CONSIDER CONTRACT AWARD FOR TIGARD TRIANGLE EQUITABLE URBAN RENEWAL IMPLEMENTATION PROJECT Senior Management Analyst Barrett and Redevelopment Project Manager Farrelly presented this agenda item for a contract to provide professional services for development of an urban renewal investment strategy which will guide public investments with equitable development as a priority outcome in the Tigard Triangle. Because this project has some engineering components staff used the QBS solicitation process and received two proposals. Staff entered into negotiations with Leland Consulting Group. TIGARD CITY COUNCIL MEETING MINUTES — December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 16 Director Snider moved for approval of the Tigard Triangle Equitable Urban Renewal Implementation Project contract as presented. Director Goodhouse seconded the motion. Chair Cook conducted a vote and the motion passed unanimously. Yes No Chair Cook ✓ Director Goodhouse ✓ Director Snider ✓ Director Woodard ✓ Director Anderson ✓ Mayor Cook reconvened the City Council. 6. CONSIDER RESOLUTION TO APPOINT BUDGET COMMITTEE MEMBERS Finance and Information Services Director LaFrance and Confidential Executive Assistant Lutz gave the staff report. Nine citizen candidates were interviewed in November. It is recommended that Chris Bence and Heidi Lueb be appointed to three-year terms ending in December 31, 2021 and Chelsea Nance as an alternate for a one-year term ending December 31,2019. Mayor Cook said the selection committee interviewed 20 people the night of the Budget and Audit Committee interviews and it was difficult to choose because of the quality of applicants,which is a good problem to have. Councilor Anderson made a motion to approve Resolution No. 18-52. Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 18-52—A RESOLUTION APPOINTING CHRIS BENCE AND HEIDI LUEB TO THE BUDGET COMMITTEE AND APPOINTING CHELSEA NANCE AS AN ALTERNATE MEMBER Mayor Cook conducted a vote and the motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook presented new members with City of Tigard pins. TIGARD CITY COUNCIL MEETING MINUTES — December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 16 7. CONSIDER RESOLUTION TO APPOINT AUDIT COMMITTEE MEMBERS Finance and Information Services Director LaFrance and Assistant Finance Director Isaksen introduced this agenda item. Mr. LaFrance said Council recently expanded the Audit Committee and explained it is expanding because the city will be undertaking performance audits. Through a resolution,the Audit Committee was expanded from three members to five members. The additional two members will serve a two-year term and at the end of the term the Audit Committee will be making a recommendation to the Council on the role of the Audit Committee in service to the performance audits. The terms of the two-year members will sunset at that time;however, there may be opportunities,depending on the direction of the Audit Committee, to continue the role at that time. Assistant Finance Director Isaksen said the appointment advisory committee interviewed nine people to fill the three voting member slots and one alternate position. It is recommended that Ann McElligott be appointed to a three-year term ending in December 31,2021;Larry Acheson and Stephanie Veal to the two-year,limited duration positions, ending December 31, 2020 and Elizabeth Gils Carbo to the two-year, alternate position ending December 31,2020. Council President Snider moved to approve Resolution No. 18-53. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 18-53—A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON APPOINTING ANN MCELLIGOTT,LARRY ACHESON AND STEPHANIE VEAL AS VOTING MEMBERS TO THE AUDIT COMMITTEE AND ELIZABETH GILS CARBO AS AN ALTERNATE ON THE AUDIT COMMITEE Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook conducted a vote and the motion passed unanimously. He gave Audit Committee members City of Tigard pins. 8. JOINT MEETING WITH TIGARD TRANSPORTATION ADVISORY COMMITTEE (TTAC) Senior Transportation Planner and TTAC staff liaison Roth introduced this item and said members will present the annual report. He introduced members Elise Shearer, George Brandt, Ruth Harshfield and Joe Vasicek. TTAC Chair Ben Gooley was unable to attend. He said TTAC is the Transportation Advisory Committee for the City of Tigard and provides a key role in advising staff and Council on a broad range of transportation issues affecting the citizens of Tigard. It helps TIGARD CITY COUNCIL MEETING MINUTES — December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 16 prioritize transportation CIP projects and identifies funding for transportation projects and programs,works on the transportation system plan, advises on safety in the community and helps with project design. The Pedestrian/Bike Subcommittee also meets monthly.There are 11 voting members on TTAC including those not in attendance: Carine Arendes, Co-Chair Candi Cornils, Carl Fisher,Lonnie Martinez,Kevin Watkins and Lindsey Wise. Two non-voting members are Richard Keast and Holly Koontz. He recognized outgoing members Yi-Kang Hu and Don Schmidt. Senior Transportation Planner Roth noted that he joined the city in August and went back through the minutes to see what TTAC had been working on. A recurring theme was traffic calming. Key highlights were participating in the SW Corridor planning, Slow your Roll traffic safety campaign, and prioritizing the qualified list of CIP projects. There were a few bridge projects this year that took up much of the CIP budget so the list was not reprioritized in order to focus on completing those bridges. They look forward to engaging TTAC in 2019 in the prioritization process. Elise Shearer said this is her fifth year on TTAC and she has been heavily involved in SWC planning for the past several years. Lonnie Martinez,herself and several other TTAC members came to the meetings and participated in the DEIS process. There are people from TTAC applying for the upcoming station development committee. She said they are involved as members talking with their neighbors and getting involved in neighborhood network programs. They constantly try to neutralize comments such as those implying that the upcoming photo red light program is just to make money,when it is traffic safety that is the real priority. George Brandt said this is his third year on TTAC and he originally became interested after noticing that walking or riding bikes to his son's school was not possible due to sidewalk gaps. Since he has been on TTAC he was able to convince staff to use some discretional budget funding for minor asphalt patch work along North Dakota Street between 119`'and 121 St Avenues because there was nowhere for pedestrians to go when cars are in both lanes. He noted that North Dakota at 121' Avenue is really busy before and after school. He said he is interested in traffic calming ideas and originally wanted more speed bumps but now understands the logic of not doing them. A concern of his is people not stopping at stop signs especially near school bus stops. He is most concerned with helping people walk and ride safely in Tigard. He hopes to get traction with traffic calming in the next year as well as be involved with the SW Corridor light rail project. Joe Vasicek said he is excited about working on the Complete Streets Policy in 2019 and emphasis on making the city safer for vulnerable road users (pedestrians and bikes). He noted that longtime Transportation Engineer Mike McCarthy was recently hired by another city and asked if Council had any input into his replacement they should emphasize it be someone who is forward thinking and has a background in active transportation and Complete Streets. He said, "We have a unique opportunity to make something happen on that front." Ruth Harshfield said she is completing her first year as an alternate and is now a voting member. She is looking forward to the Complete Streets Project. She said the TTAC has great representation of people with experience and knowledge of transportation and she sees that it is a real asset to Council. TIGARD CITY COUNCIL MEETING MINUTES — December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 16 Senior Planner Roth said he looks forward to working on a Complete Streets Policy and TTAC will play a key role in that work,which kicked off in October. It will serve all modes, ages and abilities. The policy is a strong commitment to plan,build and maintain streets that are comfortable for all road users,including vulnerable users (walkers, farm vehicles,rollerbladers,bikers and skaters). Council will be updated periodically. He said work on the CIP and Transportation System Plan are regular tasks of the TTAC. Some members reapplied for the SW Corridor Citizen Advisory Committee so he anticipates continued Tigard citizen representation. Mayor Cook thanked the TTAC members for correcting misinformation and making points on the social media apps. He said he drives by the corner on North Dakota and agrees that it is a lot better because of the additional six to 18 inches of asphalt. It can make a great difference to someone walking or on a bike. He sees the enthusiasm of the committee on Complete Streets which is something coming to council rather than something they requested staff to do. He commented that he liked the term, "vulnerable road users," and appreciates that the city is involved in Safe Routes to School. Council President Snider asked if it was worth the effort to try to achieve a change like Portland was able to get that decreased some neighborhood speed limits to 20 mph. He asked if this would have a big enough impact. TTAC Member Vasicek said, "Absolutely. It is proven that reducing speed saves lives.Nine out of ten people struck by cars travelling at 35-40 mph are fatalities. It would be a huge win." Council President Snider said if Portland can achieve it,Tigard should be able to do it. TTAC Member Shearer said because of the lack of sidewalks in older Tigard neighborhoods there are more people walking in the street. They received a letter signed by many neighbors who were interested in a speed camera to encourage slower driving and safety. She said dropping the speed limit to 20 mph would really help those walking or biking to school make the trip safely. TTAC Member Brandt said this needs to seriously be considered in non-arterials as there is no reason to travel over 20 mph in cul-de-sacs. Council President Snider noted that Portland couched their effort to get this reduced speed limit in their Vision Zero safety campaign which has a zero fatality goal. Mayor Cook remembered that the speed reduction program in Portland was a pilot program. He reiterated for the audience that the council does not decide what the speed limits are; the state law controls speed. He said Tigard has been trying for years to reduce the speed in front of the library. He added that citizens appreciate what TTAC does and thanked Councilor Woodard for being the council liaison for the past two years. 9. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE FOR PHASE II CODE AMENDMENTS (PROCEDURES AND STANDARDS) A. Mayor Cook opened the public hearing. B. Hearing Procedures—Mayor Cook announced that anyone may sign up and offer testimony. TIGARD CITY COUNCIL MEETING MINUTES—December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 16 C Senior Planner Shanks gave the staff report and presented a PowerPoint on the second part of the Phase II Community Development Code amendments. She said they were primarily text but included some minor changes to zoning maps.The amendments focus on land use procedure as well as some residential and commercial development standards. The project purpose was to: • Modernize and improve the effectiveness of the development code. • Advance the city's strategic vision for walkability. She said the project does this in ways both large and small. She gave an example of apartment parking lots now being required to be located at the side or rear. Currently, some apartment parking lots were allowed to be in the front but some were only allowed on the side or rear. With the new code language,apartment parking lots must be in the rear or the side which improves walkability along the street. A small change is that we currently have garage setbacks but the code did not clarify where the measurement would take place if, for example, the sidewalk was in a public easement on someone's property. This package of amendments clarifies that the measurement would be taken from either the sidewalk or the public access easement,whichever is closer.This means that cars parked in driveways won't overhang into the sidewalk when it is in a public access easement. • Facilitate quality development. It adds some basic standards for single-family detached houses and improves standards for apartments, rowhouses and commercial developments. The guiding principles for this code and all code projects are that changes make the code more effective, efficient,understandable, fair and predictably flexible,which the development community needs. Ms. Shanks showed a slide listing land use procedures that will be repealed/replaced or added in new chapters. Staff proposes three new procedures (Expirations, Extensions and Modifications) for land use approvals. Main changes on development standards are design standards for single detached houses to prevent snout houses where the garage dominates the facade of the house and is situated closer to the road than the rest of the house. She noted that minor revisions were made to Single Detached Houses and Rowhouses chapters since the package was seen by the Planning Commission after some discussion with stakeholders in the development community. Council can decide to send this back to the Planning Commission for review first or approve it tonight. Ms. Shanks showed slides which diagrammed the site development and planned development reviews in the current code,and the much simpler proposed process. She showed a slide of the existing Landscaping and Screening Standards table which does not address screening anything from the street. Proposed landscaping and screening standards were simplified. TIGARD CITY COUNCIL MEETING MINUTES— December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 16 Omnibus amendments were not made to entire chapters but were done in bits and pieces to clean up language. She highlighted some policy changes such as lot width, frontage and lot shape standards. This will facilitate the creation of more regular-shaped lots. It also explicitly prohibits the creation of flag lots in subdivisions. They are currently not allowed but the code was not very clear. Single detached houses will not be allowed in the city's medium density R-25 zone. The nonconforming house standards were adjusted so a single house currently in an R-25 zone could be rebuilt if it was accidentally destroyed by fire or earthquake, etc. This code package would also increase the size of banners allowed in the right of way in the MUC-BD zone (downtown zone).This is because we have banner poles in the downtown now that could hold banners the current code does not allow. She said all housing types will be allowed in the Community Commercial zone in River Terrace only where approved by a planned development process. There is one rectangular area in River Terrace that is zoned Community Commercial but as the market changed there may be a need for changes; Rather than change the zoning map through the planned development process we are allowing for that kind of flexibility to allow more houses adjacent to that commercial area. This is in anticipation of how that area will be developed with commercial stores located there in the future. A minor zoning map amendment was included in this package. Planned development is no longer an overlay zone.The Historic District has been changed to Historic Resource Zone. The master fees and charges schedule will need to be amended to match this project because so many changes were made to land use documents and processes. Senior Planner Shanks referred to the discussion at the November 27, 2018 public hearing on wireless communication facilities. This is still being looked into and there are no additional changes proposed with this package. Stakeholder engagement included several meetings with Housing Options Task Force, the Homebuilders Association and developer Polygon Northwest. Notices were sent to property owners in Neighborhood Commercial and R-25 zoned areas. She had several meetings with the Planning Commission and city planning staff. Public comments were received from a few property owners in the R-25 zone.An R-12 zone property owner gave testimony at the Planning Commission. Letters of support were received from the Home Builders Association and Pacific Community Design,representing Polygon Northwest. This code amendment package went to the Planning Commission on November 5.They recommended approval by a 6-1 vote. Council President Snider asked when the proposed changes would be effective,noting that the Homebuilders Association is asking for or a delayed implementation date of March 31. Ms. Shanks said staff considered it but recommend that Council maintain the January 31 effective date. The HBA concerns have been addressed. If someone wants to build a house that would not meet these basic standards,an agreement was reached that the garage TIGARD CITY COUNCIL MEETING MINUTES —December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 16 could be made wider if other architectural changes are made. Letters will be sent to those in the pre-ap phase once the code changes are adopted. Councilor Woodard asked about a subdivision vs. a minor partition for a flag lot. He did this and thought it was a good deal. Senior Planner Shanks said currently a flag lot is allowed in a minor land partition. Four or more lots makes it is a subdivision, and the thinking is that if someone is doing a subdivision they should be able to avoid making a flag lot. There needs to be appropriate lot width for lots on the property. D. Public Testimony- Robert Ruedy, 14185 SW 100`''Avenue,Tigard, OR 97224, said he has lived in Tigard for 26 years. He responded to Councilor Woodard's question by saying his property is shaped such that not being allowed to do a flag lot takes two lots out. If the city is trying to achieve maximum density this takes it away,impacting housing availability and financially impacting him. He was concerned that staff contacted R-25 property owners but no one in between R-1 and R-12. He knew about the Planning Commission hearing only because he is signed up to receive everything from the Planning Department. Inclusion has not been part of this process. Polygon is a huge developer.The Homebuilders Association is not a developer at all. So the city has lot a whole mass of those affected by this major change to the development code. That is not in the best interests of people who have their retirement tied up in their property. There is only 1.3 percent of property left that is R-12 or greater. It did not seem like it was too much effort for staff to have notified as these changes impact R-12. He said it is frustrating to go in for a plan review. He has brought in multiple plans for review and receives a disenchanting response usually every time when he tries to talk about how to make his property work. He has been at this since 1992 and has spent a lot of time and money planning a senior care center on this property. He said the "silver tsunami"is coming and he hoped council read the statistics he sent in previous correspondence that was part of his research and market study. He said if the city is going to support people who live in Summerfield,Tigard and King City, there needs to be options for them and every place is full,with a waiting list. Mr. Ruedy asked at the Planning Commission meeting if there was a concern about his development being impacted by these code changes. Staff asked Ms. Shanks and she could not conclude whether or not it would impact it. He asked for the record to remain open for a few weeks for additional comments so folks who have not heard about it can comment. He asked that elements that have not gone through the Planning Commission go back through them. E. Response to testimony by staff. Senior Planner Shanks responded to Mr. Ruedy's testimony and said the change to language about lot width and shape standards clarifies existing policy. Flag lots are not currently allowed in subdivisions. It is not a new policy. She said that in regard to concerns about TIGARD CITY COUNCIL MEETING MINUTES — December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 11 of 16 development of Mr. Ruedy's property,Part I of these code amendments on the missing middle gives him many more options than are currently allowed. It actually brings greater flexibility for developers. She said there is also a more generalized adjustment process that would enable developers to apply for one when this is a specific reason. This will bring more flexibility to land owners. She said there were no specific changes proposed to R-1 2 zoned property so no notices needed to be sent. We could have notified the entire city but with these changes we are not required by state law or code to do that. She acknowledged that she could not conclude how this would affect his property because she was not personally familiar with his property. She said she did reach out to him immediately after the Planning Commission hearing but did not hear back. Councilor Woodard asked if Mr. Ruedy's property was zoned R-25 or R-12. Senior Planner Shanks said her understanding is that it was R-12. Councilor Woodard asked if there had been changes to minor partitions or subdivisions with regard to flag lots and Ms. Shanks responded that the code language about measuring the lot frontage or lot width and the prohibition of flag lots in subdivisions was clarification. Mayor Cook confirmed that the home occupation permit section had no changes. He referred to earlier citizen comments and stated there are regulations on home occupations. For example,you can't have car mechanics working in the garage next door. Senior Planner Shanks said there are Type I and Type II home occupations and there are restrictions including how many customers you can have in a day. He said he liked the term predictable flexibility. Ms. Shanks said that is for the standards themselves rather than for implementation and effective dates. Mayor Cook said he was glad that non-conforming homes could be rebuilt if they were damaged by fire or earthquake. This gives people certainty. Mayor Cook said in the past, family-owned land zoned R-25 was seen as a way for someone to have a house for themselves, their parents and their kids. He asked if this would be possible with these code changes. Senior Planner Shanks said there could be missing middle housing but not several single-family homes. R-25 is the highest density zoning and needs to be preserved for that type of density. Mayor Cook noted that we don't like private streets but at the same time we are asking for more cul-de-sacs if there is a wetland or we don't own the rest of it. It is hard not to do pie-shaped lots. Ms. Shanks said it is recognized that some lots have a curved street frontage or are located at the end of a private street. Staff determined if a narrower street frontage is needed they might allow 25 feet instead of a standard lot size of 40 feet. She said they created a more nuanced standard that recognizes these different lot frontages. The goal is to make things more regular. Mayor Cook asked if allowing housing in the River Terrace commercial zone would mean mixed-use or just allowing more housing. Ms. Shanks said potentially both. The River Terrace Community Commercial zone currently allows mixed-use housing in a footnote. Staff is trying to get rid of footnotes in the code because they are not very helpful when they are buried in the text. In the River Terrace Community Commercial zone it is TIGARD CITY COUNCIL MEETING MINUTES—December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 16 allowed to have residential units above an allowed commercial development outright. It doesn't say anything about density. This proposal includes an addition to that but only through a planned development process which is a very discretionary review process wherein an applicant proposes to vary certain standards but must prove public benefit to balance it. This is in recognition of the current market and how mixed use and small commercial development is needed nearby to make them successful. Mayor Cook asked if there was a percentage that could be turned into housing and whether it could be 100 percent. Ms. Shanks said the Planning Commission is the gatekeeper and she did not think such a proposal would get very far. Mayor Cook's concern was that the developers said it was not big enough to do a grocery store yet we want live,work and play. He said the goal was to have a 7-11,yogurt shop, Subway, or hair salon, etc. The city moved the district closer towards Roy Rogers Road to make it more viable. He said from that standpoint the market is hot right now for residential but we planned this commercial aspect and he was not willing to give up on it. Unfortunately,commercial is always built at the end and we are making them drive a mile across Scholls Ferry to shop and then we lose them forever. He said commercial properties thrive around other commercial and shrinking a very small area really worried him. Senior Planner Shanks said she appreciated his concerns. Staff wants to allow an opportunity for the experts to study it and let the city know what the right mix is. Council President Snider noted that Planning Commission approval was 6-1 and asked for a summary of the opposing argument. Senior Planner Shanks said Commissioner Lieuallen voted no and his concern was more about process than the actual substance of the code amendments. It was in response to testimony from Mr. Ruedy wanting additional time to allow staff to notify more people. Assistant Community Development Director McGuire clarified an earlier question about whether it would be allowable to propose residential only in the Community Commercial zone and he said,"Absolutely not." He followed up about a Washington County Planning Director meeting he attended and heard a presentation from a local commercial expert talking about mixed use. He said the commercial industry is changing all across the country. Stores are going out of business and it is getting harder and harder to get the right mix. Villebois is struggling. He said staff has reasonable confidence that Polygon has some people looking at the market. They may not completely fill the entire zone and they are looking for the ability to add additional housing that supports commercial. Mayor Cook said as long as residents can buy their gallon of milk somewhere there he is okay. Councilor Woodard asked about the percentage of the Community Commercial zone that might change. Senior Planner Shanks said they are not changing the map. Staff would be responding to a proposal by a developer and that is unknown. Assistant Community Development Director McGuire said they have seen one draft proposal that was three to on,e residential to commercial. F. Mayor Cook closed the public hearing. TIGARD CITY COUNCIL MEETING MINUTES —December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 13 of 16 G. Council Discussion and Consideration: Councilor Anderson said he has seen this for the second time and did not see any reason to put off the vote. He said the modifications are minimal and he appreciated staff working with the Homebuilders Association but he is prepared to move on tonight. Mayor Cook asked about the effective date. Councilor Anderson said there are not a lot of applications coming in right now and he felt there had been adequate notice. Council President Snider moved to approve Ordinance No 18-28. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll-call vote. Ordinance No. 18-28—AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE AND ZONING MAP OF THE CITY OF TIGARD, FOR THE PURPOSE OF ADOPTING THE SECOND PART OF THE PHASE II CODE AMENDMENT PROJECT TO OVERHAUL THE CITY'S LAND USE PROCEDURES; CONSOLIDATE AND UPDATE SITE AND BUILDING DESIGN STANDARDS FOR APARTMENTS, SINGLE DETACHED HOUSES,AND DEVELOPMENT IN COMMERCIAL AND INDUSTRIAL ZONES;AND CONSOLIDATE AND UPDATE STANDARDS FOR LANDSCAPING AND SCREENING (LAND USE FILE NOS. DCA2018-00004 AND ZON2018-00005 Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook announced that Ordinance No. 18-28 was adopted unanimously. 10. INFORMATIONAL PUBLIC HEARING: CONSIDER RESOLUTION FOR PHASE II CODE AMENDMENT PROJECT MASTER FEES&CHARGES SCHEDULE A. Mayor Cook opened the public hearing. B. Hearing Procedures—Mayor Cook announced that anyone may sign-up to offer testimony. C Senior Planner Shanks gave the staff report. She said the Master Fees and Charges Schedule amendments will make it consistent with the Phase II code amendments. The adjustment process will be streamlined. She noted that no fees were increased except for the new extension,which did not have a fee so the standard Type II fee was applied. The changes to the Schedule reflect the new names and land use procedures. TIGARD CITY COUNCIL MEETING MINUTES — December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 14 of 16 Mayor Cook asked if someone applying to build two ADUs would pay twice the fee. Associate Planner Warren said if they were submitting for two at the same time they would pay one fee because there is only one staff process. Council President Snider asked if it wasn't more work to approve two and Associate Planner Warren said the amount of extra work was very small. But if the person came in a month after applying for one and applied for another, there would be two separate fees. Mayor Cook asked if staff did away with minor modifications. Senior Planner Shanks said minor modifications were buried in the conditional use and site development reviews and were part of those two chapters. It was taken out and made more broadly applicable to other types of applications such as planned developments and subdivisions. Modification is now a separate application and is still available for conditional use but is just listed under Modifications. Council President Snider asked about charging the less expensive fee,given our approach to get reimbursed for the work. Assistant Community Development Director McGuire said to keep in mind that some of these things are new and do not have a track record of the costs. He said last time staff brought the fee schedule to Council with the cost of service study, Council chose to go with a lesser fee for minor modifications so he applied that logic to some of the lesser reviews. Councilor Goodhouse asked if the ADU SDC conversation will be scheduled.Mayor Cook asked if someone came in today for an ADU,would they be charged an SDC. City Attorney Rihala said they would,based on the condo equivalency which is less than a single-family detached home. She said there is a flat amount for parks and transportation, water is based on the meter, and sewer is a CWS charge based on size. D. Public Testimony: There was none E. Response to testimony by staff: None F. Mayor Cook closed the public hearing. G. Council Discussion and Consideration: Resolution No. 18-54 Councilor Woodard moved to approve Resolution No. 18-54. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION No. 18-54—A RESOLUTION AMENDING THE MASTER FEES AND CHARGES SCHEDULE TO BE CONSISTENT WITH RECENT AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE OF THE CITY OF TIGARD Mayor Cook conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES —December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 15 of 16 Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 11. NON-AGENDA ITEMS There were none. 12. EXECUTIVE SESSION None Scheduled 13. ADJOURNMENT At 9:30 p.m. Council President Snider moved for adjournment. Councilor Goodhouse seconded the motion and Mayor Cook conducted a vote. The motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Carol A. Krager,City Recorder est: Jas . Snider, Mayor rn a a 2 Dat TIGARD CITY COUNCIL MEETING MINUTES —December 11, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 16 of 16