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City Council Minutes - 02/23/2016 Cie ot Tigard Tigard City Council Meeting Minutes February 23, 2016 STUDY SESSION At 6:36 p.m. Mayor Cook called the Study Session to order and announced that the Executive Session called under ORS 192.660(2)(f) -exempt public records was cancelled. COUNCIL LIAISON REPORTS: Councilor Henderson handed out information on the latest FMR (fair market rent) increase and a press release from Senator Merkley announcing$36 million in federal funds to help people stay in their homes and avoid foreclosure. Councilor Woodard reported on a meeting with Ken Henschel and Keith Jehnke of the Intergovern- mental Water Board and wanted to meet with City Manager Wine regarding the notes he took at the meeting. City Manager Wine said Public Works Director Rager has a detailed history of the various Intergovernmental Water Board agreements. She said there is an agreement version control issue that needs to be resolved. When she receives Councilor Woodard's notes she will set up a meeting. Council President Snider offered to join them. Mayor Cook said he went on a tour with Economic Development Manager Purdy to Agilyx, a local company that was turning recycled plastic into oil. With the price of oil at$10 a barrel they now will be using the plant to convert used styrofoam into liquid styrene. Rather than closing down the plant they are converting it for the new process. RECEIVE UPDATE ON METRO IGA FOR DOWNTOWN GRANT AWARD Redevelopment Project Manager Farrelly gave council an update on an Intergovernmental Agreement with Metro for$100,000m' Community Planning and Development Grant (CPDG) funds to complete the downtown Tigard Urban Lofts Development project. He said the IGA will come before council for consideration at a March business meeting. He said council approved the submittal of the CPDG application in May of 2015 to cover pre-development feasibility work for a mixed use/housing development on two downtown sites. The first site is a .45 acre privately owned site fronting Main Street on Commercial Street (Nicoh site). The second is the .81 acre site currently being used as the Tigard Transit Center. The IGA scope of work is similar to the work funded by the CPDG that jump started the mixed use project under construction at Ash Avenue and Burnham Street. Mr. Farrelly said there are three major project components: • Transit Center bus function reconfiguration to include improving transit run times, accommodating bus layovers,a restroom for TriMet drivers and preserving on-street parking opportunities. TIGARD CITY COUNCIL MEETING MINUTES—February 23, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 8 • Pre-development feasibility and design concepts for Main Street and Transit Center sites for urban lofts and small apartments. Different scenarios include developing only the Nicoh site, reconfiguring both sites assuming the SW Corridor HCT project moves forward with a station in downtown,and complete development of both sites with no SW Corridor station,but with Transit Center functions reconfigured. • Definition of the Urban Renewal District's role Mr. Farrelly said TriMet is a partner and supports the study. A main objective is that transit operations are not negatively affected by the project. Staff is proposing a$107,559 match in staff time working with the EPA once it is determined if the two sites are eligible for environmental site assessment. In response to a question from Councilor Henderson,Mr. Farrelly said they received input from a consultant. The staff time will include time for Redevelopment Project Manager Farrelly,Community Development Director Asher,City Engineer Faha and an administrative assistant for a period of 18 months. Councilor Henderson asked about the$10,000 from the CCDA budget and Mr. Farrelly said that was a cash match if the city cannot use the EPA grant. Councilor Henderson asked if the CCAC has been informed. CCAC Chair Arendes said they participated in the grant application review and have received regular updates. Council said the IGA may go on a consent agenda. Administrative Items: Metro Councilor Dirksen said Metro has had two bond measures to raise money for parks and open space,one in 1995 and one in 2007. Since then they have purchased 14,000 acres in the Metro region. He informed council about a renewal of the 5-year serial levy for park restoration and maintenance that Metro will be placing on the ballot in November. The current levy funds restoration work and access to those properties. He said Metro desires to keep their parks as natural as possible and keep streams clean. Mayor Cook asked if dogs are allowed in Metro parks and Councilor Dirksen said in order to protect the native wildlife and stream corridors dogs are not allowed. He commented that the major pollutant in the Tualatin River is canine feces. Metro Councilor Dirksen said the 2013 levy has not expired but they need to know if it will be continued in order to make long term plans. The cost is only .0966 cents per thousand.The current levy does not expire for two years and this would extend it. Mayor Cook asked about competition on the November ballot and mentioned Tigard is potentially looking at marijuana and gas tax increases. He added the Tigard-Tualatin School District is also going out for a bond measure in November. Metro Councilor Dirksen asked the council if they had any concerns and whether they would support it. Councilor Henderson said Tigard has its own park maintenance fee because the city wants to activate their park purchases under its park bond. City Manager Wine said a decision about whether Tigard should increase its gas tax will come to council in the next few weeks but putting it on the May ballot is unlikely due to election deadlines. She noted that council had several questions from their February 16 discussion and staff had about half of the answers. Mayor Cook noted that Portland has a gas tax on the May ballot and City Manager Wine noted they have received a challenge to their ballot title. The Study Session ended at 7:22 p.m. TIGARD CITY COUNCIL MEETING MINUTES—February 23, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.*rd-or.gov I Page 2 of 8 1. BUSINESS MEETING A. At 7:33 p.m. Mayor Cook called the Tigard City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook called to Council and Staff for Non-Agenda Items. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication-None. B. Citizen Communication—Sign-up Sheet. No one signed up to speak 3. CONSENT AGENDA: (Tigard City Council) A. CONSIDER AN INTERGOVERNMENTAL AGREEMENT WITH METRO FOR THE FRIENDS OF BULL MOUNTAIN PARK IMPROVEMENTS B. CONSIDER AN INTERGOVERNMENTAL AGREEMENT WITH METRO FOR TIGARD TRIANGLE GRANT AWARD Council President Snider moved for approval 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 ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ TIGARD CITY COUNCIL MEETING MINUTES—February 23, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 8 4. APPROVE LIBRARY BOARD APPOINTMENT OF ALTERNATE MEMBER TO VOTING MEMBER Library Director Barnes gave the staff report.Alternate Roake Van Brunt is being recommended to fill a voting member vacancy on the Library Board. Councilor Woodard moved to approve Resolution No. 16-06 and Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 16-06—A RESOLUTION APPOINTING ROAKE VAN BRUNT TO THE TIGARD LIBRARY BOARD TO FILL A CURRENT VACANCY WITH A TERM EFFECTIVE IMMEDIATELY THROUGH JUNE 30,2019 Mayor Cook conducted a vote and the motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ 5. DISCUSSION OF UPCOMING CONTRACTS—95 rH AND NORTH DAKOTA SIDEWALK INFILL Public Contracts Manager Barrett and Engineering Project Coordinator Peck presented this agenda item for a contract to complete missing links in the sidewalk network along one side of North Dakota Street and 350 feet along 95`h Avenue. This infill is important to Tigard's walkability. The contract will come before council for consideration on March 8. Mr. Barrett said an invitation to bid was issued on January 20,2016 with an engineer's estimate of $149,583. Eight bids were received with the lowest being Lyda Excavating at$123,315. Staff reviewed the bids and found them responsive. The low bidder was contacted because their bid was 17.5 percent lower than the estimate and they are comfortable with their proposed numbers. There are no disciplinary findings against them either with BOLI or the Construction Contractors Board. He said the project budget is $187,000 and has CDBG grant money through an intergovernmental agreement with Washington County. Due to higher than anticipated right-of-way costs the city will need additional funds. Staff anticipates a budget request of roughly$38,000 from the gas tax contingency to complete the work. Mayor Cook said it seems when the city is short of money for projects that the easy answer is to take it out of the gas tax fund. He argued that the gas tax fund contingency is not large enough. Public TIGARD CITY COUNCIL MEETING MINUTES—February 23, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 8 Contracts Manager Barrett said it was suggested because the money is available and the project can then move forward. He said staff may request additional Community Development Block Grant (CDBG) funding. Councilor Henderson said he did not know where more CDBG money would come from. He asked about the linear foot cost for sidewalks estimated during a discussion on walkability. It was $1,000 per foot then but this bid lists $200-250 per foot. He asked if this was due to the project being on flat ground. Mr. Barrett said he will discuss this with project staff and said he too was surprised at the price. Mayor Cook requested that photos of the project be included in the next staff report. 6. CONSIDER ANNEXATION INCENTIVES RESOLUTION EJ Assistant Community Development Director McGuire gave the staff report. Council discussed this at their February 16 workshop meeting and recommended that staff add the words, "for a period of five years" to Section 1 of the resolution and bring it forward for council consideration. The specific language was added to the resolution. Based on council's discussion staff recommends approval of the resolution. Councilor Woodard moved to approve Resolution No. 16-07. Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 16-07—A RESOLUTION AMENDING RESOLUTION NO. 07-13 TO EXTEND THE INCENTIVES FOR VOLUNTARY ANNEXATION OF UNINCORPORATED LANDS TO THE MUNICIPAL CITY LIMITS TO FEBRUARY 2017 Mayor Cook conducted a vote and the motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Henderson asked how staff intends to get the word out to the community. Councilor Goodhouse suggested sending notification to those residing in islands and nearby unincorporated land. Mayor Cook recommended a Cityscape article and commented that it is available online to both residents and non-residents. Councilor Henderson suggested also sending this information to the CPOs for their newsletters. City Manager Wine said a letter was sent to all affected property owners in 2007. She asked Assistant Community Development Director McGuire to look into the time and costs involved to do that outreach again,prior to sending out the mailing. TIGARD CITY COUNCIL MEETING MINUTES—February 23, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 8 7. COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) ENTITLEMENT STATUS DISCUSSION Associate Planner Grass gave the staff report on this item. Her PowerPoint presentation has been added to the packet. She gave an overview of the Community Development Block Grant (CDBG) program and Tigard's entitlement status. The CDBG program is a flexible funding program that helps communities address a wide variety of community development needs. Tigard is currently a member of a consortium with Washington County which was created in 1979 because no single city met the population threshold to become an individual entitlement jurisdiction. Over time,different cities have achieved the 50,000 population threshold. Beaverton chose to become a direct entitlement and Hillsboro chose to become a joint entitlement jurisdiction. Because Tigard has reached the population threshold of 50,000 there is a major decision to make.There are three options: • Go out on our own as a standalone grantee • Joint entitlement(Like Hillsboro, remain within the consortium but a portion of money is set aside for projects.) • Status quo (Funds remain in the consortium and the city participates in the county decision making.) A staff team consisting of members from the Community Development,City Management,Public Works and Finance Departments was formed to consider options. External partner Jennie Proctor from Washington County was also involved. Ms. Grass said a detailed analysis is included in the packet and summarizes key differences in administrative responsibility required,competition for projects,participation on the Policy Advisory Board,staff impacts and impacts to social services. The staff recommendation is to remain within the county consortium. Three reasons to stay with the existing program are: • Tigard has been successful in the competitive funding process.A complete list of projects was included in the packet for this agenda item. • Impacts to Social Service Providers—More applications are received than can be funded. If Tigard were to go out on its own it would make residents ineligible for county-funded services and programs. The city would not be able to backfill that with a program it could manage as a direct-entitlement jurisdiction. There would be an additional burden for service providers who would need to keep track and apply separately to the city for funding. • The city could get a larger project funded than if it was a direct entitlement jurisdiction. A list of potential projects is included in the council packet. • Becoming a joint entitlement entity would means funds are combined with the Washington County program. Hillsboro currently operates under this type of program. It would require spending money received in a more timely manner and the city would be limited to a set amount of funding. Hillsboro is considering leaving this program. TIGARD CITY COUNCIL MEETING MINUTES—February 23, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 8 Associate Planner Grass asked council if they had any direction for staff on which of the three options was preferred. Council President Snider asked if Beaverton and Hillsboro had concerns about their choices. Ms. Grass said she has not asked that question of them but noted that Beaverton had challenges in the first few years setting up their program. Councilor Henderson commented that Hillsboro has twice the population of Tigard and it would take a lot of staff time to create the joint or standalone program. He said he participates in monthly CDBG meetings and it is overwhelming just keeping up with constantly changing federal rules. He remarked on the decreasing funds available over the years and said he has been encouraging legislators to increase CDBG funding. He preferred the consortium because it is a community program that can include smaller cities. Problems do not just stay in one area and we can work together as a larger community. He said staff's suggestion to stay with this program is wise and sustainable. Council President Snider agreed that the status quo is a logical choice. Councilor Woodard clarified what services residents might lose if Tigard became ineligible for county funds. Ms. Grass responded that the services change from year to year and include things such as rent and utility assistance. Jennie Procter from Washington County was present and spoke about projects that were funded by CDBG this year and those that were not. Councilor Snider asked what the decision timeframe would be and Associate Planner Grass replied three years, from 2018-2021. She explained that the reason they are doing this early is that the city will need implementation time if council desires a different option than the status quo. Mayor Cook said the council consensus is to move forward with the option to stay in the Washington County consortium. Staff will bring back an agreement for council approval at a future council meeting. Councilor Henderson complimented Associate Planner Grass's work preparing this proposal. 8. NON-AGENDA ITEMS None. 9. EXECUTIVE SESSION: None. 10. ADJOURNMENT At 8:28 p.m. Councilor Goodhouse moved to adjourn. Council President Snider seconded the motion and all voted in favor. TIGARD CITY COUNCIL MEETING MINUTES—February 23, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 8 Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Carol A. Krager,City Recor Wr Attest: John L. C41-Mayor Date TIGARD CITY COUNCIL MEETING MINUTES—February 23, 2016 Cin-of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov Page 8 of 8