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City Council Minutes - 07/12/2016 Cit, ofTigard Tigard City Council Meeting Minutes July. 1232016 STUDY SESSION Council Present: Mayor Cook, Councilor Woodard and Councilor Henderson. Council Absent: Council President Snider and Councilor Goodhouse Staff Present: Assistant City Manager Newton,Assistant Public Works Director Rager,Acting Risk Manager Curran,Utility Manager Goodrich,City Attorney Rihala, City Recorder Krager, Deputy City Recorder Burgoyne A. COUNCIL LIAISON REPORTS Councilor Henderson reported on a Clear Alliance (Children Learning through Education and Research) conference. Clear Alliance's goals are to reduce substance abuse and impaired driving among youth and to collaborate and improve public health and safety in Oregon. Materials from the conference have been added to the council meeting packet in Laserfiche. He commented that there are costs to society from legalizing marijuana that cannot be made up by taxing it. He suggested sending a councilor to the conference next year. Mayor Cook reported on the US Council of Mayors conference. He is on two committees (Transportation and Communication and Parks, Sports and Recreation) and was appointed to the Mayor's Water Task Force. He heard many speakers including Orlando Mayor Buddy Dyer, former mayor of Charleston, SC,Joseph Riley;Hillary Clinton and the Dalai Lama. B. RECEIVE BRIEFING ON PROPOSED SANITARY SEWER ADMINISTRATIVE RULE Utility Manager Goodrich informed council on proposed administrative rules related to sanitary sewer waste water collection system responsibilities,practices and procedures. He said years ago when Unified Sewerage Agency (now called Clean Water Services) became the sewer permitee the rules and regulations regarding sewers were removed from Tigard's Municipal Code. There is a need for some clarification. The proposed administrative rules mimic the CWS rules and regulations. Staff desires to add these rules to help avoid confusion and address citizen misperceptions on public vs. private responsibilities. This is much easier to understand when looking at the water utility. People seem to understand that the city is responsible for water issues up to the point of the meter and the property owner is responsible for issues beyond it. But the sanitary sewer waste water collection system is complex and people do not comprehend who is responsible for what. Sewer laterals are owned by private property owners and they are responsible for their flow and private laterals. Councilor Woodard suggested using the definition "point of TIGARD CITY COUNCIL MINUTES -JULY 12, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 1 of 9 connection" to make it more understandable. Council agreed to move these administrative rules forward for the public notice and comment period. B. BRIEFING ON A NEW FRANCHISE AGREEMENT WITH ZAYO GROUP Public Works Director Rager gave a briefing on a franchise agreement with Zayo Group (which bought out Metromedia) that council will be asked to approve at a future meeting. Zayo owns buried assets (underground fiber optic conduit) in Tigard and will be assessing the conduit installed by Metromedia and installing new fiber optic cable into existing conduits in the northern part of Tigard. A franchise agreement will be considered by council on August 9. 1. BUSINESS MEETING—July 12,2016 A. At 7:33 p.m. Mayor Cook called the Tigard City Council 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 asked council and staff if there were any non-agenda items. None. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—Assistant City Manager Newton reported on her conversations with Tom Cole in response to his request for better sidewalk connections on Hall Boulevard. She said he will gather signatures for a petition explaining the needs of Bonaventure residents and give it to Senator Burdick, Representative Doherty, the City of Tigard and ODOT. ODOT has jurisdiction of Hall Boulevard. Mayor Cook asked if there was a sidewalk going all around Tigard Christian Church to the Senior Center and Ms. Newton said she would check on that. B. Citizen Communication— No one signed up to speak. TIGARD CITY COUNCIL MINUTES -JULY 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 2 of 9 C. Chamber of Commerce CEO Mollahan updated council on summer activities and upcoming events. She noted that they are still accepting applications for the Leadership Program. She said the Tigard Farmers Market accepts Oregon Trail EBT and SNAP cards. Through a grant program at the Farmers Market Fund (State of Oregon) card users can take advantage of a double-up food program so when they swipe their card they can receive up to$10 in additional produce. She reminded parents and children that planted vegetables in the Sprouts Community Garden that their radishes and peas are ready to harvest. She said the vendors have sold$70,000 in the first 11 weeks of the market. The Tigard Downtown Alliance wants to remind everyone that the Street Fair is September 10 and will be an expanded event partnered with the City of Tigard,Tigard Tour de Parks bike ride, and a Latin fest event. Councilor Henderson asked about the format of the Leadership Program. Ms. Mollahan said a team building exercise will be held the first day and each day has a theme such as the local economy or tips for running for the school board,etc. She noted that one day's theme is city government and City Manager Wine will be participating. Councilor Henderson commented that he was pleased this program has returned. 3. CONSENT AGENDA: A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MEETING MINUTES • April 19, 2016 • April 26,2016 Councilor Henderson moved to approve the consent agenda. Councilor Woodard seconded the motion and it passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse (absent) Councilor Henderson ✓ Council President Snider (absent) Councilor Woodard ✓ 4. QUASI-JUDICIAL PUBLIC HEARING—ZEIDER ANNEXATION (ZCA2016-00002). a. Mayor Cook opened the public hearing. b. City Attorney Rihala read the hearing procedures. A copy of the procedures was at the front of the room and is included in the packet for this meeting. TIGARD CITY COUNCIL MINUTES -JULY 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 3 of 9 C. Mayor Cook asked Council if any member had a conflict of interest or any ex parte contact. Councilors said they did not. d. Mayor Cook asked if anyone in the audience challenged the participation of a Council member. There was no challenge. e. Mayor Cook read a statement about conduct for the public hearing. f. Assistant Planner Smithave the staff report. She presented a slide showing the area g P g being annexed. This map has been added to the packet for this meeting. She said this property was proposed in 2015 as part of the Summit Ridge annexation, a 29- home development to the south but the property owner and neighbor chose to be excluded. The city required annexation within four years.The owners are requesting annexation in order to connect with City of Tigard sewer service and this is consistent with the city's Comprehensive Plan policies. The property is currently served with City of Tigard water. The proposed annexation meets the requirements of the Comprehensive Plan,the Metro Code and applicable State statutes. The ordinance refers to removing the property from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District, and Washington Country Urban Road Maintenance District. Ms. Smith said staff recommends approval of the proposed Zeider annexation. Councilor Henderson asked if this annexation creates an island. Assistant Planner Smith said a temporary island is created east of the property but that is one of the properties with a recorded annexation contract which must be completed by 2019. Mayor Cook said when Summit Ridge was annexed the city wanted this piece to come into the city too. They negotiated an agreement with property owners that within four years they would annex. It does create a temporary island but it will resolve itself by 2019. Ms. Smith added that the neighbors were invited to join in on this annexation but they declined at this time. g. Applicant Testimony:Applicant was not present. h. Public Testimony: There was no public testimony. i. Response to testimony by staff: None; there was no testimony. j. Applicant rebuttal to testimony: None. k. Mayor Cook closed the public hearing. 1. Council Discussion and Consideration: Ordinance No. 16-13 Councilor Woodard moved to approve Ordinance No. 16-13. Councilor Henderson seconded the motion. City Recorder Krager read the number and title of the ordinance TIGARD CITY COUNCIL MINUTES —JULY 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 4 of 9 ORDINANCE NO. 16-13—AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING APPROXIMATELY 1.23 ACRES, APPROVING THE ZEIDER ANNEXATION (ZCA2016-00002),AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. City Recorder Krager conducted a roll call vote. Yes No Mayor Cook ✓ Councilor Goodhouse (absent) Councilor Henderson ✓ Council President Snider (absent) Councilor Woodard ✓ Mayor Cook announced that Ordinance No. 16-13 was adopted unanimously by all council present. 5. DISCUSS GAS TAX MEASURE FOR NOVEMBER 2016 BALLOT Finance Director LaFrance and Assistant Finance Director Fitzpatrick gave the staff report. They want direction from council on a proposed increase to the city's gas tax of five cents. The discussion began a year ago when council reviewed the street maintenance fee and the city's paving backlog. The current gas tax of three cents a gallon brings in around$600,000 annually.A five-cent increase will bring in over$1 million. Projects identified for funding were categorized into the Pavement Management Program(PMP),major capital transportation projects and pedestrian connections. The agenda item summary includes a list of proposed projects. Ms. Fitzpatrick said staff is asking council to affirm that they wish to put a local gas tax increase of five cents on the ballot this November. If so directed, staff will return in two weeks with ballot language. Proposed ballot language was included in the agenda packet for this item. Councilor Woodard asked for clarification on how this additional tax relates to the Street Maintenance Fee (SMF). Assistant Finance Director Fitzpatrick said that in a March 2016 business meeting council passed an ordinance stating if the city refers a five-cent increase to the gas tax on the November ballot and it passes,then a scheduled January 2017 increase to the SMF would not go into effect. The SMF increase would gain approximately$500,000 and a five-cent increase to the gas tax would provide an additional$1 million and the city would have direct discretion on how to spend this money. TIGARD CITY COUNCIL MINUTES -JULY 122 2016 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 5 of 9 Councilor Woodard asked if the street maintenance fee would increase in 2017. For residential there was a 24 percent increase and for commercial was a 16 percent increase. Councilor Woodard asked if this would be carried forward to 2018. Mayor Cook said if this gas tax passes, then that SMF increase would not go into effect. If it doesn't pass, the street maintenance fee would see a one-time increase starting January 1, 2017,increased in future years by the cost of living index. Finance Director LaFrance said the city uses a blend of two indices that is capped at seven percent with a minimum increase of two percent. A rolling two-year period is considered to avoid large spikes and dips in the cost of living adjustment. Councilor Henderson asked if the current three-cent tax is still paying for previous projects. Ms. Fitzpatrick confirmed that the current gas tax pays debt service on prior capital transportation projects but$300,000 is spent on projects at the discretion of the City Council and Tigard Transportation Advisory Committee (TTAC). She said the debt will be paid off in 2020. Mayor Cook noted that in previous council discussion on the gas tax amount, some councilors wanted to raise it to ten percent and some were reluctant to move off of the current three percent. He asked if five percent was the right number. Finance Director LaFrance said when looking at the PMP there was council discussion about the backlog. Council requested a proposal and staff came up with a SMF increase that would raise about an additional$1 million a year. When they presented that option, council backtracked on raising fees by that much and extended the period to about 20 years with$500,000 budgeted annually. That is what will go into effect on January 1, 2017. Council further agreed to consider putting a gas tax on the ballot in November and if passed,the proposed fee increase would not go into effect. He said council's thought was that the SMF is paid only by Tigard residents and businesses but they are not the only drivers on Tigard roads. By going to a gas tax, the city gets money from all drivers using city streets and buying gas in Tigard. In theory it raises more money and spreads the cost among a larger group of payers. Citizens pay the same price as travelers through Tigard but get more road projects done. Mayor Cook said he favors going to ten cents but he is not sure it would pass. A few cents more would cover the front-loading of some projects and assist with matching grants for MSTIP projects, etc. It could also be used for additional sidewalk connections. Councilor Woodard said we have a better chance of passing it at five additional cents but he is risk averse and has heard from some citizens that they will buy their gas elsewhere if the tax increases. He said he agrees with the eight cents. Councilor Henderson there are people who will complain that they are already paying a SMF and now will have an increased gas tax,but if they understand it all,they will realize that this is a good deal. It will take a lot of work to communicate this. He asked if the extra money goes into the SMF category. Mayor Cook asked how we can ensure the city gets the backlog done in the expressed time frame. Ms. Fitzpatrick said it would be too restrictive to put in language about specific resources into the ballot. Mayor Cook said council could pass a resolution to declare the intent to get rid of the backlog and that the first$500,000 goes towards it which would give clear direction to future councils over the next 20 years and explain why this council did what it did. TIGARD CITY COUNCIL MINUTES -JULY 12, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov Page 6 of 9 Councilor Henderson said he has been working on the PMP since he was elected to council. In 2008 it was a disaster and by 2010 it was fixed yet there was still a huge backlog. He said the city needs to fix the worst streets because they will be the most expensive to repair if allowed to deteriorate further. He commented that the PMP is not to be used for sidewalks. It is not what was intended. He sees improved traffic signals and better crossings on the list but the main idea of the PMP is to protect the pavement condition index and raise it to 81 percent. A resolution would make sure that intent is clear. City Attorney Rihala advised against being too restrictive with the uses in the ordinance because the city will be locked in. She said, "Put it in categories but keep it as broad as possible." Mayor Cook suggested wording for the ballot title question. He asked that it be changed to read, "Shall Tigard increase their fuel tax by five cents a gallon?" He said eight cents is not what they are voting on. They are voting on five cents;they passed the other three years ago. Councilor Woodard said some people may not know about the existing tax. Suggestions for the project list from council included being consistent with avenue and street names. City Attorney Rihala said Portland received a ballot title challenge that the example projects were too vague. They prevailed but Portland is in Multnomah County so it is not binding in Washington County. She said the proposed project list is a cross between what the priorities were and the limited number of words allowed on the election forms. There is very little room to add anything. Councilor Henderson recommended going from three project categories to two but Mayor Cook said from a citizen standpoint the projects need to be in similar groups. He said, "Do not pair a new bridge with crosswalk lighting." Mayor Cook said Councilors Goodhouse and Snider can watch this council meeting on TVCTC cable access and write to staff by next week if they have comments they want considered. There will also be a public hearing on July 26 where anyone can testify on this matter. Assistant City Manager Newton asked if council wanted staff to prepare the resolution on keeping the pavement management protection for July 26 or do it later. Mayor Cook said the resolution can be voted on in November or December if the measure passes. Finance Director LaFrance said in the same action council could set the intent and do the legislation to stop the street maintenance. 6. DISCUSS MARIJUANA TAX MEASURE FOR NOVEMBER 2016 Assistant City Manager Liz Newton and City Attorney Rihala presented this item. This proposal is to put before Tigard voters a three percent tax on marijuana items by a marijuana retailer within the jurisdiction of the city. House Bill 3400 provides that a city council may adopt such a tax but the ordinance must be approved by voters. If council decides not to refer the ordinance to the voters the next opportunity by state law,is the general election in November 2018. Tigard City Council adopted an ordinance in September 2014 which established taxes on the sale of marijuana items by a marijuana retailer in advance of Measure 91 going before the voters. Ordinance 14-12 is still in effect but state law precludes cities from taxing medical marijuana. TIGARD CITY COUNCIL MINUTES -JULY 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 7 of 9 Councilor Woodard noted that OLCC and OHA will be administering the program and asked if this will be paid back by this tax increase. Assistant City Manager Newton said that comes from the 17 percent state tax. The city can collect three percent for a total of 20 percent. From the state tax, administrative costs will be paid first and then allocated among categories,i.e.,mental health. The cities will get what is left. Mayor Cook estimated Tigard's share would be $50,000- $60,000 and that check may not arrive until 2018. In response to a question about collections, City Attorney Rihala said the state authorizes the Department of Revenue (DOR) to collect the tax for cities. The League of Oregon Cities is working with the DOR on a process for cities. State statute lets cities decide whether to establish their own system or enter into an IGA with the state. Tigard clearly sets the process in the proposed ordinance. A lot of responsibility falls to the retailers. Councilor Henderson asked if the City would have to accept the tax payment in cash. City Attorney Rihala said the Department of Revenue requested that the Oregon State Police provide extra security on tax collection days. Mayor Cook noted that Tigard's tax had been enacted already, so it would be null and void. Tigard Municipal Code Chapter 3.70 will be repealed. City Attorney Rihala added that the LOC has indicated to cities that the state may be interested in raising the rates in response to some cities who are de facto banning marijuana businesses by making them so difficult to site. The state is considering offering a carrot instead of a stick. The tax allowed may range from three to eight percent so she recommends referencing"three percent or the maximum allowed by the state." Assistant City Manager Newton said staff will return to the next business meeting with a revised ordinance for council consideration. Mayor Cook noted that citizens can send comments within that time or come to the public hearing to testify. 7. NON AGENDA ITEMS None. 8. EXECUTIVE SESSION None. 9. ADJOURNMENT At 8:53 p.m. Councilor Henderson moved for adjournment and Councilor Woodard seconded his motion. The motion passed unanimously. TIGARD CITY COUNCIL MINUTES -JULY 12, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 8 of 9 Yes No Mayor Cook ✓ Councilor Goodhouse (absent) Councilor Henderson ✓ Council President Snider (absent) Councilor Woodard ✓ Carol A. Krager, City RecordYr Attest: 19 John 10Cook,Mayor Date TIGARD CITY COUNCIL MINUTES -JULY 12, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 9 of 9