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City Council Minutes - 05/13/2014 City of Tigard ■ Tigard City Council Meeting Minutes May 13, 2014 6:30 PM STUDY SESSION Council Present Mayor Cook, Council President Henderson,Councilor Snider and Councilor Woodard (by telephone). Councilor Buehner was absent. Staff Present: City Manager Wine,Assistant City Manager Newton,Police Chief Orr,Assistant Police Chief de Sully, LOT" Project Director Koellermeier, Police Business Manager Shaw, Public Contracts Manager Barrett and Deputy City Recorder Krager. A. DISCUSSION WITH METRO COUNCILOR CRAIG DIRKSEN Councilor Dirksen said his staff received a list of topics from council and would address them all, but noted that he hoped to learn more about the Vertical Housing Development Zone application from Tigard's council. • Westside Trail Master Plan—Metro Councilor Dirksen noted that council would be considering approval of this item later in this meeting on their business agenda. He said the trail would create new connections from the Willamette River in south Washington County to the Willamette River below Portland's Forest Park. The master plan is complete and has been approved by King City,Washington County,Multnomah County, Portland and Tualatin Hills Park and Recreation District. City Manager Wine said council considered the Westside Trail Master Plan at a previous meeting, and questions were raised about whether CP04B had been consulted and discussion was held on Tigard's board and committee involvement. Since then, both Metro and city staff have worked with the CP04B Chau and Vice Chair and established that the Vice Chau was on a committee for the Westside Trail and the CPO is supportive of it moving forward. Tigard's Park and Recreation Board (PRAB) met last night and endorsed the plan. In response to a question from Councilor Snider,Council President Henderson said Councilor Woodard had concerns earlier but is now in favor of this. He said his own question was regarding the lack of PRAB involvement but now he understands that trails were under a previous employee in Community Development,Associate Planner Roberts. City Manager Wine noted that the responsibility for trails was transferred to Public Works. Council President Henderson said the PRAB has accepted future TIGARD CITY COUNCIL MEETING MINUTES—May 13,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 1 of 15 responsibility for trail matters and is very excited about the connections this particular trail will bring to the area. Accessibility concerns related to the elevation and slope of the Power Line Trail were discussed and Council President Henderson noted that there are five trail alternatives that can be used for access,so he was satisfied. • Status of Climate Smart Communities—Councilor Dirksen reported on a joint JPACT and MPAC meeting where options were examined. He distributed a copy of the report which contains information on each option. He said with Option B,the area will meet state mandated reductions in greenhouse gasses of 24 percent, i}Lmoney is spent to do all of the adopted plans. The next step is to look at ways to make adjustments in Plan B, doing more in some cases and less in others,to meet the goal in ways that can be more easily funded. Consideration will be given on how to more closely meet the goals of cities and counties in the region. He said the success of the plan is tied to the ability to fund projects at a level that was envisioned when the plan was created in the 1990s. Mayor Cook asked council if they approved the committees taking these plans to Salem and asking questions regarding funding this mandate. Councilor Dirksen said all JPACT and MPAC members were asked to vote on the options or combinations thereof. The results of the vote are in the materials he provided. These have been added to the packet for this meeting. Mayor Cook said Councilor Buehner will be attending the May 30 meeting and asked that questions or comments be routed to her prior to that meeting.After receiving the responses at the May 30 meeting,Councilor Dirksen will ask his staff to prepare the draft plan.The state requires adoption of a preferred plan by the end of the year. • Continuation of Construction Excise Tax Program—Councilor Dirksen noted that the current community development grant process expires in 2014. A stakeholder advisory group will review the program,make recommendations for improvement and consider allowing the program to sunset. Councilor Dirksen said there is no question that this tool has been valuable but the Metro Council wants to make sure they do their due diligence. The recommendation received is that it should be extended until 2020. Councilor Snider asked if Councilor Dirksen was in favor of the extension and he replied that he was in favor of it because it is an existing tax and not a new tax. • SW Corridor—Councilor Dirksen said the majority of the SW Corridor Plan has already been approved,with the exception of the high capacity transit portion. He said they are moving forward to reduce options to a point where the plan can enter the federal program. The Environmental Impact Statement(EIS) is due at the time it enters the federal process. Dozens of options, alignments and ideas were considered with many being removed from consideration due to community feedback or because the technical committee felt they would be difficult or impossible to build. Some concepts the technical group would have preferred to remove from consideration remain because the citizen group appealed to leave them in. This includes the idea of a tunnel from the south waterfront to the Barbur Transit Center,which would have little construction or TIGARD CITY COUNCIL MEETING MINUTES—May 13,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 w .tigard-or.gov I Page 2 of 15 surface traffic impact, but does not support the City of Portland's Barbur Concept Plan. He said the federal process requires examining any viable option so everything must be considered. Councilor Snider asked if Councilor Dirksen was aware of efforts the Tigard council is making to receive broader community input on what was meant by the passage of the ballot measure passage in Tigard. Mayor Cook mentioned that he updated Councilor Dirksen about the 3X5X10 meetings and Councilor Dirksen also attended a session last week. Councilor Snider said, "We are not hearing anybody so far, that we are interacting with,who is saying that they voted for the measure because they want us to not plan, not participate and they want to kill the project." • Vertical Housing Development Zone Application Metro Councilor Dirksen said he understands there are two issues with VHDZ. One is creating the zoning and other is the ability to provide tax credits to people willing to use this in their development zoning and cities need buy-in from the state and from other district taxing authorities. Councilor Snider agreed and said the rationale for this zoning is to promote development that would not happen otherwise. He said the city is looking at it as a tool in the toolbox to assist with redevelopment Councilor Dirksen said he thought it was a great idea,especially in an area where mixed-use development is desired. City Manager Wine said the city is on course to hold discussions with each of the taxing districts to address any of their concerns prior to moving forward. • Metro Councilor Dirksen said there will be a Metro charter amendment on the November ballot. This is to revise a provision that says Metro is prohibited from requiring certain densities increases in existing neighborhoods.The current provision will sunset in 2015 unless it is renewed this year. Councilor Snider asked if there was any anticipated opposition and Councilor Dirksen said he knew of none;Metro hears frequently that people want this. He noted that this does not prohibit local jurisdictions from increasing density;it just keeps Metro from requiring it Councilor Dirksen offered to bring a more formal presentation to council occasionally so that Tigard viewers can be updated on what is happening at Metro. Council said both the study session discussion and Metro update with PowerPoint were useful. B. DISCUSSION OF UPCOMING CONTRACTS—Public Contracts Manager Barrett discussed a contract for the three-year lease of new mobile data computers for police cars. He said it is mandatory to update their mobile date computers to enable police to use the new regional data management system. The total is$227,919 with a one dollar buyout at the end of the lease to own the equipment.The equipment has a five-year live span. Councilor Snider noted that this is more of a financed purchase than a lease and Mayor Cook said it is a capital versus operating lease and is a financing option for purchase. City Manager Wine said this will be placed on the LCRB agenda on May 27, 2014, and Public Contracts Manager Barrett will present details of this fiscal year's payment, if any. TIGARD CITY COUNCIL MEETING MINUTES—May 13,2014 City of Tigard 1 13125 SW Hall Blvd,Tigard,OR 97223 www.dgard-or.gov I Page 3 of 15 In response to a question from Council President Henderson on the benefits of this equipment,Assistant Chief de Sully said the equipment will operate as a fully functioning computer in the police vehicles,enabling report writing, citation writing, access to information and will be a true mobile office. Councilor Snider said police officers being able to write reports while remaining in their districts is valuable. He said spending time driving back and forth to the station to write reports is not the best use of their time. Chief Orr said writing and routing reports via computer will allow better departmental reviews, communication within the region and crime analysis. C. BRIEFING ON AN AGREEMENT REGARDING THE CONSTRUCTION OF WATER PARTNERSHIP PROJECTS IN THE CITY OF GLADSTONE—Lake Oswego-Tigard Water Partnership Project Director Koellermeier said this agreement grew out of the process of giving land use approval at the city manager level in the different jurisdictions. The agreement defines who will do what and who will pay for it. Mayor Cook commented that this states that the Water Partnership will pay for the general items but if cities want add-ons they will need to pay for them. He said this will come back to council for approval. Councilor Woodard had a question on amounts listed on Page A-3, and Mr. Koellenneier responded that the original number was miscalculated so it was increased by the City of Gladstone. Mr. Koellermeier said this item is something they have notified the partnership they no longer want to do,so it will be deducted from the agreement. There were no further questions. Admin Items: Town Hall Dates Selected: Saturday,May 31,9:30-11:30 a.m.,TVF&R Walnut Station Community Room Tuesday,October 7,2014—Time and location to be determined. The CCDA meeting is cancelled. City Recorder Recruitment Discussion: City Manager Wine said City Recorder Wheatley was retiring in July and asked council for their input on desired skills and attributes they wanted to see in her replacement for that position. She noted that Mayor Cook will be asked to be on the interview panel. Councilor Snider said key skills are good communication, organization, the ability to manage the agenda,accurate and timely minutes and also the ability to handle all the non-council responsibilities. Mayor Cook mentioned elections and supervisory skills. Council President Henderson mentioned Ms. Wheatley's longevity with the city and and her excellent ability to locate documents and provide historical perspective. TIGARD CITY COUNCIL MEETING MINUTES—May 13,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigud-or.gov I Page 4 of 15 Councilor Woodard said he hoped the records system is coded appropriately so whoever takes this position will also be able to locate documents easily. City Manager Wine said the city has an electronic document management system (Laserfiche) and she could arrange a training for council and"tour" of what is available and how to access it. She noted that many documents are already in electronic form and available through the city's website. • EXECUTIVE SESSION—None held. 7:30 PM 1. ® BUSINESS MEETING—MAY 13,2014 A. At 7:34 p.m. Mayor Cook called the meeting to order B. Deputy City Recorder called the roll. Present Absent Councilor Snider ✓ Councilor Woodard (participated by phone) ✓ Mayor Cook ✓ Councilor Buehner ✓ Council President Henderson ✓ C. Mayor Cook asked everyone to join him in the Pledge of Allegiance. D. Council Communications &Liaison Reports—Councilor Snider said he had a report to give at the end of the meeting. E. Call to Council and Staff for Non-Agenda Items—None 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None B. Tigard High School Student Envoy—Associated Student Body President EJ Albaugh presented a report on current activities at Tigard High School. A copy of his report has been added to the packet for this meeting. Spring sports are in fill swing. THS thespians presented the play, Guys and Dolls. The prom was held on May 10. Tigard High graduation will be held on June 6, 2014. A distinguished alumni wall was debuted at the high school. Six names were added and Mayor Cook referenced a newspaper article on the alumni honorees. TIGARD CITY COUNCIL MEETING MINUTES—May 13,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 5 of 15 Mr.Albaugh introduced next year's Associated Student Body President,Carter Kruse. Mayor Cook welcomed him and gave him a City of Tigard pin. C. Mayor Cook presented THS Envoy Albaugh with a special resolution expressing council's appreciation for his exemplary service. D. ® Tigard Area Chamber of Commerce—Chamber CEO Debi Mollahan gave a report on Chamber activities including weekly Thursday morning networking which is held at different locations. Young Professional events are held on the first and fourth Tuesdays of each month.The Chamber's annual meeting will be held at the Broadway Rose Theater on June 23,2014.The Tigard Farmers Market opened last Sunday. New to the market is a specialty basket vendor,and Whole Foods has a presence at the market this year. The Downtown Art Walk runs from June 2-22 and features the work of local artists displayed inside downtown businesses. The Downtown Street Fair date is Saturday,August 16, and Timber Joey is scheduled to be there. In response to a question from Councilor Woodard,Ms. Mollahan said the Shining Stars banquet was a success. E. ® Citizen Communication—Sign up Sheet Steve Bindiff, 13520 SW 122nd Avenue,Tigard, OR,said he was making a formal complaint on behalf of Tigard First regarding the street widening project on 72nd Avenue and Dartmouth Street, scheduled for consideration later in this meeting. He said they believe by allocating city gas taxes for this project the city is in violation of Tigard Municipal Code which states that gas tax money will be spent according to a priority list determined by the Tigard Transportation Advisory Committee ('ITAC). This project was not on the list for this fiscal year and by going ahead with this project the city is depriving neighborhoods of needed improvements. This project is another cave in to WalMart,helping to ensure that the 7,000 additional cars visiting the store each day will find their way into the parking lot with a minimum of inconvenience. Meanwhile,people have to walk in ditches or on roads for lack of sidewalks. He said they are asking the city attorney to investigate the allegations and take corrective action to bring the city into compliance with the code. They are also asking for an audit on how city gas tax funds have been used since this program was implemented. He said they are asking the city council to do their jobs and act in the best interests of the city's tax payers. He said full details of their complaint were sent to each councilor and are also available on their website at Tigardfirst.org. A copy of his testimony has been added to the packet for this meeting. Mayor Cook acknowledged that the council received this information at 6:00 p.m. and the city attorney will respond to Mr. Bindiff. ® City Manager Wine said the city has not had a chance to review the allegations yet but she had two comments. She said role of the city attorney is to advise and act as counsel to the city, not to conduct audits or investigations of current operations. She said the 72' Avenue and Dartmouth Street intersection project was approved in the 2011 Capital Improvement Program (CIP) and the process is that if a current project is funded and underway, there is not a separate process under the Tigard Municipal Code for the TTAC to TIGARD CITY COUNCIL MEETING MINUTES—May 13, 2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 6 of 15 prioritize it that year. There is an opportunity for the city to expand an intersection in any event,and it would like to invest in completion of the street project concurrent with Walmart's improvements. She offered to meet with him to discuss historical uses of the gas tax and said she did not think there is anything improper in the way the city is using gas tax funds. ® Councilor Snider clarified that once funded in the CIP,a project does not go back through the TTAC prioritization process. He commented that the language in the code may seem unclear and City Manager Wine said it is worthy of review once the concerns raised are understood ®Jim Long, 10730 SW 72"d Avenue,Tigard, OR said he is the Chau of CP04M which serves Durham, East Tigard and Metzger areas. He spoke on safety issues. He said the city is being remiss in not widening 72nd Avenue between Dartmouth Street and Pacific Highway. He said this is the location where the homeless camp was disbanded recently. He said there are no sidewalks or streetlights and it is extremely dangerous for pedestrians and bicyclists. He noted that Tigard is spending$1.5 million on improvements to 72'Avenue south of Dartmouth,but is not spending anything north of Dartmouth. Mr. Long said 50 residents attended a neighborhood meeting about the armory development now called Oak Street Estates. He noted that the acoustics at the neighborhood meeting were not very good and some people left because they could not hear the developers' responses. He took minutes and provided minutes to Associate Planner Kowacz. He summarized the comments and concerns and said they will be submitting the questions and comments to staff by the May 15,2014 administrative deadline. A copy of his statement has been added to the packet for this meeting. 3. ® Mayor Cook proclaimed May 18-24, 2014, as Emergency Medical Services Week. He read the proclamation and noted that several providers of these services were in the audience. He thanked TVF&R and Metro West for their service to the community. 4. CONSENT AGENDA: A. Receive and File: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. Approve City Council Minutes for. • March 11,2014 • March 25,2014 C. First Quarter Council Goal Update TIGARD CITY COUNCIL MEETING MINUTES—May 13, 2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 15 i D. Authorize the Mayor to Execute an Agreement with ODOT to include a Water Line Replacement in the Main Street Green Street Project No items were removed for separate discussion. Councilor Snider moved to approve the consent agenda and Councilor Woodard seconded the motion. The motion passed unanimously. Yes No Councilor Snider ✓ Councilor Woodard (by phone) ✓ Mayor Cook ✓ Councilor Buehner (absent) Council President Henderson ✓ Mayor Cook announced that the next three agenda items were for consideration by the Local Contract Review Board. 5. AWARD CONTRACT FOR PLANNING, DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR EAST TIGARD SEWER PROJECT ® Public Contracts Manager Barrett introduced this agenda item and said the project consists of pipe replacement southwest of Hunziker Road and a new alignment that moves a sanitary sewer pipe closer to the edge of a Clean Water Services vegetative corridor. It includes a new main extension south to Wall Street. This contract includes topographic surveying,wetlands and sensitive lands permitting,engineering,design, construction permitting and construction management services.The intermediate qualification based solicitation (IQBS) process was used and two responses were received. The most responsive was from CESNW and staff entered into negotiations with them with a dollar figure of$130,000. The final price is $129,160. Funds are appropriated in this year's budget in the sanitary sewer fund for this project. LCRB Member Woodard moved to approve the contract and his motion was seconded by LCRB Member Henderson. The motion passed unanimously. Yes No LCRB Member Snider ✓ LCRB Member Woodard (by phone) ✓ LCRB Chair Cook ✓ LCRB Member Buehner (absent) LCRB Member Henderson ✓ TIGARD CITY COUNCIL MEETING MINUTES—May 13,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 8 of 15 6. AWARD CONTRACT FOR 72nd AVENUE/DARTMOUTH STREET INTERSECTION & WIDENING PROJECT ® Public Contracts Manager Barrett said 72nd Avenue south of the Dartmouth intersection is a narrow street without sidewalks and bike lanes. The intersection is currently configured as an "all- way stop"which results in traffic congestion,especially during peak commute hours. Adjacent proposed private developments have been conditioned to install a traffic signal at this intersection but these conditions do not include all of the elements necessary to complete the intersection and widen the street. Mr. Barrett said WalMart will be constructing many street improvements but this does not cover all of the work needed to improve that area. Public Contracts Manager Barrett said this agreement includes contract management,construction management and support,monitoring and inspection,and survey verification and as-built preparation as needed. This was an intermediate QBS process and of the two firms responding, staff recommends awarding the contract to WHPacific. Staff held negotiations and the amount of the contract is $160,000. This amount is budgeted in the gas tax,city gas tax,TIF (traffic impact fee) and TDT funds. LCRB Member Henderson asked if this was time sensitive. He said his questions relate to concerns raised earlier by citizens. LCRB Member Snider said he agreed with the question. Mr. Barrett said the city is limited to a 60-day window to award the contract and the bids were opened on March 24, 2014. ® City Engineer Stone commented that good weather provides the best conditions for road construction. He said if the contracts are not awarded tonight the city will be at least two weeks behind in the construction schedule to get these projects done before WalMart opens. LCRB Chair Cook expressed concerns about impacts to the area if this work is not completed prior to the WalMart opening. LCRB Member Snider asked for clarity m what the city is constructing and why it has chosen to move forward with this tonight He said he has been critical of WalMart in the past,but understands that the land use approval for their development had many requirements. The city's choice is to build something now that WalMart was not required to do at the same time they are working on the street. He said he supported this for two reasons: 1) It is cheaper to coordinate construction;and 2) We only disrupt the area for citizens once,not twice. Engineering Manager McMillan said that as far back as 2007 staff knew that whenever someone developed that property it would trigger the signalization, due to the size of the property and the zoning. Costco put in the first signal but PacTrust is required to do three others. The widening of the intersection was not added to the land use requirements. The widening project had already been designed but was not built. If the signals are installed before the city widens the road,the mast arms and lights will be constructed in the wrong place and will need to be moved,at the city's expense. LCRB Member Snider asked how much money would be wasted if everything has to be taken out and redone. City Engineer Stone said all the wiring, signal poles and loops would be junked. A rough estimate on removing the light poles,installation of new bases,poles and mast arms is TIGARD CITY COUNCIL MEETING MINUTES— May 13, 2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 9 of 15 $500,000. LCRB Member Snider commented that it does not even include the disruption and inconvenience to the public. He said he had no further questions and was satisfied with the need for both contracts. ® LCRB Member Henderson asked how the project is being funded. City Engineer Stone said in the past the project had gas tax, city gas tax,Transportation Development Tax (IDT),traffic impact fund and utility undergrounding fund dollars,or five separate funding sources. LCRB Member Henderson asked what the amount of city gas tax is being used for the project. City Manager Wine read Tigard Municipal Code Section 3.165.270.3 which states that all funds collected pursuant to this chapter (City Gas Tax) shall be maintained in the Tigard city gas tax fund until such time as the Transportation Advisory Committee designates a priority project for the use of such funds. She said each year the TTAC creates a priority list of projects as part of the budget process. Councilor Snider asked if TTAC prioritized this project in 2010-11 and City Manager Wine said it was designated as a priority project in 2011 for the 2012 fiscal year and became a funded project at that point. LCRB Member Henderson said he would like to pause for consideration on this issue due to concerns raised earlier. City Manager Wine highlighted issues with delaying the contract because the WalMart development traffic impacts are significant enough to warrant the signalization. She said if the project is delayed,there is no leverage to ask WalMart to delay its opening and the traffic impacts will occur without the benefit of having these projects completed. LCRB Member Woodard commented that this is a lot of money. He said he would prefer using city gas taxes to put in sidewalks on the north end of 72"d Avenue. He suggested trying to negotiate with WalMart for more funding if possible, to help with construction. He said the city should look at preserving the city gas tax and designate it for specific projects. He mentioned that the TTAC prioritized this in 2010-11,long before WalMart,and the city had to be ready for whatever development came in. He said, "This was our"skin in the game"at that point." He said he did not like it,but a commitment was made. City Manager Wine said the developer has no obligation to meet a such a request. Chair Cook said there are two more comers that are undeveloped. Engineering Manager McMillan said some property owners have conditions and have worked with the city on obtaining right of way for the signal poles. She said this project puts sidewalks along the Martin properties and the bank- owned property up into the retail property. LCRB Member Snider asked about recouping city investment in the signalization from other area property owners. Ms. McMillan replied that there is a reimbursement district for the signal fund on 68" and 72nd Avenues but only one-quarter of what is necessary has been captured. LCRB Member Woodard asked for the linear foot measurement of sidewalk needed to connect Pacific Highway with 72"d Avenue. Engineering Manager McMillan estimated it was one-half mile. He asked if this additional sidewalk could be a topic of discussion with WalMart, and though they have committed a lot of money already to this area,thought it worth a try to ask for help constructing this last half-mile of sidewalk. LCRB Chair Cook said the sidewalk is listed in the future Transportation System Plan but they could approach WalMart about it. TIGARD CITY COUNCIL MEETING MINUTES—May 13,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-ongov I Page 10 of 15 LCRB Member Snider moved for approval of awarding the contract for the 72'Avenue and Dartmouth Street intersection and widening project. LCRB Member Woodard seconded the motion. LCRB Chau Cook announced that the motion passed unanimously. Yes No LCRB Member Snider ✓ LCRB Member Woodard (by phone) ✓ Chau Cook ✓ LCRB Member Buchner (absent) LCRB Member Henderson ✓ 7. AWARD CONTRACT FOR 72nd AVENUE/DARTMOUTH STREET INTERSECTION IMPROVEMENTS LCRB Member Henderson asked if any other funds,including the general fund,could be used for this project. City Manager Wine said the city attempts to leverage every dollar and constantly balances the use of city and state gas taxes to maximize the amount of money available for transportation priorities. She asked Finance and Information Services Director LaFrance to respond to LCRB Member Henderson's question. ® Finance and Information Services Director LaFrance addressed other funding sources and said the general fund is currently in a stable state,but taking a large one-time expenditure for an expensive project might jeopardize that stability. He said Tigard has a few different funds for transportation funding. The TIF fund has been replaced by the Transportation Development Tax, paid by developers to increase road capacity. Remaining TIF funds will be used up with the approved CIP in the next year. The state and county gas taxes are maximized by paying for the street maintenance crew and street light and signal electric bills. Gas taxes also help pay for a portion of the Hall Boulevard/Pacific Highway intersection bond. The city gas tax was originally put in place for the Greenburg Road/Pacific Highway/Main Street intersection. Senate Bill 2001 had a quirk in its language that said cities cannot change their local gas tax ordinances. Tigard's gas tax language included a change which paying off the intersection would have triggered. Council elected to remove the sunset provision and added language requiring TTAC designation and recommendation of projects eligible for city gas tax funding. As part of the budget process staff asked TTAC to designate the 72'Avenue/Dartmouth Street project for$1 million of the accumulated fund balance. The TTAC unanimously approved this designation. LCRB Member Snider commented that there is not a lot of money in the general fund not spent on the library and police departments and he asked LCRB Member Henderson what he thought could be used for this project LCRB Member Henderson said he appreciated Mr. UFrance's clarification and thought it was a good explanation for the public to hear. TIGARD CITY COUNCIL MEETING MINUTES—May 13,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.6g&rd-or.gov I Page 11 of 15 LCRB Member Snider moved for approval of the contract award and LCRB Member Woodard seconded the motion. Chair Cook announced that the motion passed unanimously. Yes No LCRB Member Snider ✓ LCRB Member Woodard (by phone) ✓ Chair Cook ✓ LCRB Member Buehner (absent) LCRB Member Henderson ✓ 8. CONSIDER ORDINANCE TO REVISE TMC 11.08 ALARM SYSTEMS ® Chief Orr and Confidential Executive Assistant Jewett were present to discuss proposed changes to Tigard Municipal Code Section 11.08 Alarm Systems. Chief Orr said changes include a new title, formatting for easier readability,updated definitions and the addition of two new sections. The fust new section covers enhanced call verification,requiring an alarm company to make two phone calls before police are dispatched.The other new section covers protective sweeps. A homeowner will be able to sign a form granting police permission to enter into their home through an open door and inspect the area when responding to an alarm. If they have not signed the form, police responding to an alarm call would secure the door,but could not go inside. This is based on a court of appeals Wiling regarding a case in Lake Oswego. Councilor Snider asked if the police will leave an open door if there is no signed form. Chief Orr said they would secure the door in that situation but would not enter. Mayor Cook gave a scenario where the second phone call is a great addition and will prevent false alarms. Police Chief Orr said it will be a requirement of the alarm company to make the two phone calls. Councilor Woodard asked if the boarding up of an unsecured door should be detailed in the code or an administrative rule. Chief Orr responded that police responding to an alarm where there is no waiver, will secure an open or damaged door but not enter. If there is a signed waiver,police will enter the premises and make sure there is no one inside. He confirmed that this is part of their procedure and did not require further clarification in the code or in an administrative rule. Councilor Woodard moved for adoption of Ordinance No. 14-09. Council President Henderson seconded the motion. Deputy City Recorder Krager read the number and title of the ordinance. ORDINANCE NO. 14-09-AN ORDINANCE AMENDING CHAPTER 11.08 OF THE TIGARD MUNICIPAL CODE BURGLARY AND ROBBERY ALARM SYSTEMS TO RENAME THIS CHAPTER AS"ALARM SYSTEMS"WITH UPDATED DEFINITIONS AND ADDITIONAL LANGUAGE TIGARD CITY COUNCIL MEETING MINUTES—May 13,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.fgard-or.gov I Page 12 of 15 A roll call vote was taken and the motion passed unanimously. Yes No Councilor Snider ✓ Councilor Woodard (by phone) ✓ Mayor Cook ✓ Councilor Buchner (absent) Council President Henderson ✓ 9. ADOPT ORDINANCE ADOPTING TVF&R FIRE CODE ORDINANCE NO. 1401 ® Building Official Van Domelen was present with TVF&R Fire Marshall Forster and TVF&R Deputy Fire Marshall Wolff. He said state law requires cities to adopt new fire code ordinances when the state code changes. This ordinance adopts the Tualatin Valley Fire& Rescue Ordinance No. 14-01,which adopted the most recent edition of the Oregon Fire Code and allows TVF&R to provide fire prevention and firefighting services to the City of Tigard. He said this was last considered in 2010. There is a movement in Oregon to move to a six-year period for code changes,so there may be a longer cycle with mid-term amendments. In response to a question from Council President Henderson, Fire Marshall Forster said both the fire district and the city adopt the same fire code and the city building department oversees building permits.The ordinance clarifies authority and the city's building and official retains authority over all aspects of building construction with two exceptions - fire department access and firefighting water supplies. The fire marshalls perform maintenance inspections based on risk, hazard and incident history. Low risk occupancy buildings, such as offices do not require regular inspections but places where people assemble to meet,live or eat are inspected more frequently. There are no fees to the business community for inspections. Building Official Van Domelen said the city's building department has the authority to enforce the fire code up until the certificate of occupancy is issued. He said the city's liaison is Deputy Fire Marshall Wolff and he attends pre-application conferences and consults with building division on other issues. Council President Henderson described a scenario of an assisted living center with blocked egress and asked how this would be resolved. TVF&R Fire Marshall Forster said inspections generally go well,but there are legal avenues if compliance is not reached. He said they frequently work with city or county code enforcement personnel on these types of issues. Councilor Snider commented that the level of integration between the city and TVF&R is higher than he realized. TVF&R Fire Marshall Forster said TVF&R has a good relationship with Tigard's Building Division and Building Official Van Domelen. He said there is an integrated approach and they appreciate the help they receive at the policy and staff levels. TIGARD CITY COUNCIL MEETING MINUTES—May 13, 2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 13 of 15 Councilor Snider moved for adoption of Ordinance No. 14-10. Council President Henderson seconded the motion. Deputy City Recorder Krager read the number and title of the ordinance. ORDINANCE NO. 14-10-AN ORDINANCE ADOPTING TUALATIN VALLEY FIRE & RESCUE ORDINANCE NO. 14-01 ADOPTING THE 2014 OREGON FIRE CODE AND REPEALING CITY OF TIGARD ORDINANCE NO. 10-14 A roll-call vote of council was taken and the motion passed by a unanimous vote of Council members present Yes No Councilor Snider ✓ Councilor Woodard (by phone) ✓ Mayor Cook ✓ Councilor Buchner (absent) Council President Henderson ✓ 10. ADOPT A RESOLUTION APPROVING THE WESTSIDE TRAIL MASTER PLAN AND ADDING THAT PLAN TO THE TIGARD GREENWAYS TRAIL SYSTEM MASTER PLAN Parks and Facilities Manager Martin,Metro Project Manager Spurlock and Stakeholder Committee Member Doug Vorwaller attended to discuss the Westside Trail Master Plan. Mayor Cook commented that Mr. Vorwaller also acts as a photographer for the city. Councilor Woodard said the committee has done a good job and it was a matter for him of being advised about what happened historically with trail oversight He said it was a great plan and he had no further concerns. Mayor Cook commented that this was originally vetted by the TTAC Bike/Pedestrian subcommittee and council recommended adding another citizen advisory group to be involved in the future. Councilor Woodard thanked everyone for their work on this trail and asked them to remember the value of cross-pollination between committees Council President Henderson moved for approval of Resolution No. 14-22. Councilor Woodard seconded the motion and all voted in favor. Yes No Councilor Snider ✓ Councilor Woodard (by phone) ✓ Mayor Cook ✓ Councilor Buchner (absent) Council President Henderson ✓ TIGARD CITY COUNCIL MEETING MINUTES—May 13,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.6gard-or.gov I Page 14 of 15 11. RECEIVE UPDATE ON TIGARD TRIANGLE STRATEGIC PLAN Mayor Cook announced that due to the late hour, staff has been advised that this item is postponed to a future council meeting. 12. COUNCIL LIAISON REPORTS Councilor Snider provided an update on the Lake Oswego/Tigard Water Partnership construction. The oversight group met and heard that everything is progressing well including the situation at the intake pump station. The coffer dam will be decommissioned sooner than expected. Pipeline bids for the horizontal-directional drilling (HDD)will allow the partnership to move ahead as originally planned. There will be additional impacts and permitting required to put the pipe around Lake Oswego. Councilor Snider noted that discussions were held on impacts to West Linn neighbors,which continue to be a topic. The oversight committee asked staff to prepare a mitigation plan with methods to minimize the amount of disruption. Construction of the pipelines,river intake pump stations and the water treatment plant are all on schedule. The project is on time and on budget. In response to a question from Council President Henderson regarding the coffer dam,Councilor Snider said they had not planned to decommission until it started to fail. Nothing was damaged and it had no impact on construction. 13. NON AGENDA ITEMS—None. 14. EXECUTIVE SESSION—None. 15. ADJOURNMENT—At 9:17 p.m. Councilor Snider moved for adjournment. The motion was seconded by Council President Henderson and passed unanimously. Yes No Councilor Snider ✓ Councilor Woodard (by phone) ✓ Mayor Cook ✓ Councilor Buehner (absent) Council President Henderson ✓ Carol A. Krager,Deputy City corder Attest ") Johnook,Mayor ao Date TIGARD CITY COUNCIL MEETING MINUTES—May 13, 2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgud-or.gov I Page 15 of 15