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City Council Minutes - 10/18/2016 �� City of Tigard ■ Tigard City Council Meeting Minutes October 18, 2016 STUDY SESSION Council Present: Council President Snider, Councilor Woodard,Mayor Cook, Councilor Goodhouse and Councilor Henderson Staff Present: Assistant City Manager Newton,Engineer Faha, Senior Transportation Projects Engineer McCarthy and Assistant City Recorder Burgoyne A. COUNCIL LIAISON REPORTS Councilor Woodard reported on his recent attendance at the National Recreation and Park Association (NRPA) conference. He reported on the break-out sessions he attended and what was discussed in each session. Councilor Henderson reported on his recent attendance at the Regional Water Providers conference. He said that dues would be going up due to both Wilsonville and Metro pulling out. Councilor Goodhouse reported on his recent attendance at the Rail Volution conference. He said there were several sessions that took place outdoors. He said Tigard was in a good place in being the most walkable community. B. BRIEFING ON CAPITAL IMPROVEMENT PLAN (CIP) PROJECTS City Engineer Faha talked about the last update to council,bench marking for CIP,how effective management equals effective change,managing what they can control, the importance of good communication,the project management manual,understanding and implementing goals,status reports,importance of being transparent and tracking the percent of time spent on each project vs percent complete. She showed a chart engineering uses to track time spent on projects for budget and resource purposes. Councilor Woodard asked if there were smaller projects that staff could design in-house and if that added value to the city. Ms. Faha responded that they do complete smaller projects in-house and the value added was that it allowed staff to keep current on technical skills. She said they hold a check-in meeting every Tuesday that includes project managers and finance staff. Ms. Faha updated council on the Stormwater Master Plan and policy issues around stormwater. She gave a brief tutorial of the interactive story map program located on Tigard's website for the public TIGARD CITY COUNCIL MEETING MINUTES — October 18, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 1 of 11 to use. She discussed current projects the engineering department was working on and explained the funding sources associated with those projects. She informed council that they recently learned the Tigard Street Bridge is in poor condition and they will need to do work to the structural support within the next year and discussed the cost associated with that. Study Session was adjourned at 7:29 p.m. 1. BUSINESS MEETING A. At 7:34 p.m. Mayor Cook called the City Council meeting to order. B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Council President Snider Councilor Woodard Mayor Cook Councilor Goodhouse Councilor Henderson C. Mayor Cook asked the audience to stand for the pledge of allegiance. D. Call to Council and Staff for Non-Agenda Items—There was none. 2. JOINT MEETING WITH TTAC (WORKSHOP ITEM) Members of the Tigard Transportation Advisory Committee present included: Yi-Kang Hu, Kevin Watkins,Benjamin Gooley,Robert Van Vlack,Erik Halstead and Joseph Vasicek. TTAC Member Watkins presented the annual report to city council outlining general topics, recommendations, comments from TTAC members and a brief description of the committee's year in review. TTAC Member Halstead said they spoke with TriMet on improvements,restoring frequent transit service, extending the route along Durham Road,extending line 36 and adding more connectivity to the transit system. TTAC Member Watkins said they would like the city to evaluate the TTAC's housing recommendations,update the Transportation System Plan (TSP), work on sidewalks and develop fund traffic calming. He said they were working on a policy statement. Each member of the TTAC then presented to council the issues that are important to them individually and what they bring to the committee. TTAC Member Van Vlack said the TTAC is a good group of people and he was glad to see emphasis given to traffic calming. Senior Transportation Planner Brown said he is glad to be the liaison to the committee and said it is a good group of people who come with a passion for transportation with a lot of great ideas. TTAC Member Gooley who is also a member of the bicycle sub-committee said it is fun to watch things grow and change with the support of the city and feels like he is part of a growing transportation movement in Tigard. TTAC Member Vasicek thanked staff and council for their support. TTAC Member Yi Kang Hu stated staff is knowledgeable and he looks forward to working with them to make Tigard a more livable city. Streets and Transportation Senior Project Engineer McCarthy TIGARD CITY COUNCIL MEETING MINUTES — October 18, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 2 of 11 thanked the committee and said the group just completed a list of thirty-one projects, checked locations and discussed the issues. TTAC Member Watkins said their meeting next week would be their last for the year and they would continue to prioritize the thirty-one projects from highest to lowest. Councilor Goodhouse asked if any members in their capacity as Tigard citizens have written any letters in support for the gas tax. Mr. Watkins replied he had and is grateful the city is trying to pass a gas tax. Mayor Cook explained the gas tax had been vetted by the Secretary of State and referred to a YouTube video on the gas tax and suggested people watch it. Council President Snider agreed it was ambitious and they need to figure out how to move forward in a manner the city could afford. Councilor Henderson asked if they have had people from Metro and TriMet come speak to the group and if they understood the committee's concerns. Mr. Halstead said they had, and they have been working with Tom Mills from TriMet. Mayor Cook explained the SW Enhancement Surface Study and that they were not sure when they would be implementing the plan and how they would move forward with it. Senior Transportation Planner Brown said Tom Mills brought forth several analyzed routes and that they are seeing plans start to move forward and he asked the city what they would like to see done first. Councilor Woodard said he was proud of the committee's ambitions and moving forward makes sense in a lot of ways and their input is valuable. Mayor Cook thanked the committee for all they do and said he appreciates their passion. 3. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—There was none. B. Citizen Communication Neil Brown provided handouts to council regarding Wilsonville's Ballot Measure No. 3-485 and encouraged the city to study Wilsonville's proposal for recreation and for council to consider a more affordable public/private partnership for a recreation program in Tigard. Mayor Cook informed Mr. Brown that council is scheduled to discuss recreational opportunities for Tigard residents at its meeting on November 22. 4. CONSENT AGENDA: A. RECEIVE AND FILE: a. Council Calendar b. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: a. August 9,2016 b. August 16, 2016 C. TIGARD STREET HERITAGE TRAIL—GRANT AUTHORIZATION TIGARD CITY COUNCIL MEETING MINUTES — October 18, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 3 of 11 D. PROCLAIM NATIONAL MANUFACTURING DAY E. LCRB CONTRACT AWARD—CANTERBURY LANE STORM LINE UPGRADE Mayor Cook called for a motion to adopt the consent agenda. Council President Snider motioned to approve the consent agenda and Councilor Goodhouse seconded the motion. Name Yes No Council President Snider Councilor Woodard Mayor Cook Councilor Goodhouse Councilor Henderson Mayor Cook announced that the consent agenda passed unanimously. 5. CONTINUED LEGISLATIVE PUBLIC HEARING (FROM SEPTEMBER 27,2016): ON PROPOSED CODE CHANGES REGARDING MARIJUANA FACILITIES a. Mayor Cook opened the public hearing. b. City Attorney Olsen read the hearing procedures. A copy was at the front of the room. C. Staff Report: Associate Planner Agnes Kowacz presented background on the legal use of recreational marijuana, city adoption of new regulations for marijuana businesses and explained the minimum separation distance allowable by Oregon State Law. Ms. Kowacz discussed the hours of operations for Tigard marijuana businesses vs other local cities and said she had contacted the Tigard Police Department to see if any increase in crime had been attributed to marijuana facilities, and replied that there had not been. She provided background on the two maps staff provided council that showed where potential marijuana facilities could be located if not limited to Hwy 99W and showed an interactive map showing the location of current marijuana facilities and where schools and residential homes were located. Councilor Goodhouse asked about the areas within the maps and what distance buffer other cities were allowing between facilities and parks. Ms. Kowacz said Beaverton required only the minimum buffer,Tualatin required a 3,000 feet buffer and Hillsboro is in the process of adopting a 1,000 feet buffer for active use parks and plazas. d. Public Testimony: Mayor Cook called for public testimony. John Widmer, 8075 SW Thorn Street,Tigard OR 97223, said he has one license on Main Street and that the cannabis industry has struggled as a whole to be accepted. He would like council to consider this as a quantitative not qualitative decision and said this was about tax revenues,jobs and education. Mr. Widmer believed this topic has a lot to do with perception and reality coming together. He stated there has not been any crime related to his business in his location and that there has not been any negative or positive data submitted to support that having a cannabis business in the buffer area of a park has any impact,and that the City of Portland doesn't have any park buffer regulations. He asked the council to take the data for what it was and that the tax TIGARD CITY COUNCIL MEETING MINUTES — October 18, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 4 of 11 revenue can easily be assessed. He asked council to be involved and offered to help do whatever he could to help. Jennifer Propst, 12156 SW Anton Drive,Tigard OR 97223, said she loves Tigard and is not opposed to dispensaries. She thinks they are a valuable part of the community,but would like to keep the original zoning onto Hwy 99W. Council President Snider asked Ms. Probst if she viewed the downtown core as part of Hwy 99W or not. Ms. Probst responded they have tried to make the downtown core a place to bring kids and in her opinion it is not a place for cannabis shops. Shannon Bernard, 11642 SW Pacific Hwy,Tigard OR 97223, said it is in her best interest to limit dispensaries in the city and that the market is saturated with dispensaries. She said she runs a sophisticated business operation and that safety is a big concern. She believes that allowing more cannabis businesses in Tigard will saturate the market and would create a safety concern for her, her business,patrons and her employees. She said adding more dispensaries will add more traffic and that more traffic should not be added to park areas;that park areas should be held sacred and are for children. Ms. Bernard suggested that when dispensaries go in, there should be a requirement they have a dedicated parking lot with enhanced lighting. Council President Snider asked Ms. Bernard which dispensary she owned. She replied she owns the Herbary on Highway 99W. Bill Widmer, 11509 Juanita Drive NE, Kirkland WA, said he helps consult, has been active from day one and has been through the lobbying process with the city of Redland in Washington. He discussed how defining a park can preclude this type of business from existing and takes a lot of available real estate away. He said there are several parks that are dedicated greenspaces where there is not much activity, but that an active park has activities such as soccer games and other events. He explained to council that if they included all parks, it would take away real estate for these types of businesses. Ms. Bernard came back to the podium to discuss hours of operation before council. She stated that morning hours are safer and she would like to see morning hours extended. She said that going later would be up to council and isn't opposed to the hours of 7:00 a.m. to 10:00 p.m. e. Council Questions: Councilor Woodard asked Mr. Widmer what his opinion is if an already established cannabis shop was located in an area that later became an active park and what he would do in this situation. Mayor Cook explained the city had purchased park land that is currently vacant, but that the city intends for it to be an active park in the future. He then explained the definition of being grandfathered in. Council President Snider said it would be considered a non-conforming use. Mr. Widmer came back to the podium and said he wasn't certain, but his feeling is that the business should be considered grandfathered in, and that the business should not need to relocate. f. Staff Recommendation: Associate Planner Kowacz explained staff came with information council had asked for and that staff was looking for direction. TIGARD CITY COUNCIL MEETING MINUTES — October 18, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 5 of 11 g. Mayor Cook closed the public hearing. h. Council Discussion and deliberations: Mayor Cook said the planning commission received public testimony last year, and then council explained what they had done to date, and that as a council they are allowed to tweak things without going back to the planning commission. However, he would like to send it back to the planning commission and have it vetted again from the beginning. He explained that the topic presented tonight required different noticing than what was being discussed at the meeting tonight, but believes the hours could be discussed and considered and that council could send focused suggestions back to the planning commission. Councilor Goodhouse said he would support changing the hours of operation to 7:00 a.m. to 10:00 p.m. and would like the planning commission to look at expanding allowed locations. Councilor Woodard stated he agreed with council on changing the hours of operation, but still has concern with location of businesses near park areas. Mayor Cook explained that the state legislature came back and said the maximum allowable buffer area is 1,000 feet and that the city could choose to go below that. Councilor Woodard said he is not concerned about the long linear parkways, but is concerned with active use parks, especially those within the city's Comprehensive Plan. Councilor Henderson asked if the circle of limitations impeded the circle of schools and if that would disqualify locations. His concern is with a business being located near an elementary school and really wants to protect the children. Councilor Henderson said he agrees with changing the morning hours of operations to 7:00 a.m. more than he does with the evening hours. He asked staff how they measure the distance between the business and school. Associate Planner Kowacz said they measure the distance from one property line to the other. Councilor Goodhouse explained that the money raised from marijuana taxes goes to education and believes there is a greater chance for kids to have more access to marijuana in the school system than there is from a marijuana facility being located near a school. Marijuana facilities are required to follow laws and regulations and they are not likely to take the risk in selling to minors. He doesn't think there will be a rapid problem in Tigard and believes that businesses being spread out and having proper enforcement will create a good program. Council President Snider commented on the hours and said he had gotten feedback from people in the community wanting access during off business hours, so he supports the 7:00 a.m. to 10:00 p.m. hours. He believes the issue regarding allowable location of businesses should go back to the planning commission for a thorough review. He didn't believe council was clear enough the first time and wants to set the planning commission up to be more successful with their recommendation. He liked the idea brought up earlier regarding designating parking and would like the planning commission to consider that as well as looking at active parks vs greenspace parks. TIGARD CITY COUNCIL MEETING MINUTES — October 18, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 6 of 11 Mayor Cook agreed with Council President Snider. He discussed the hours of operation and feels that sticking with the state rules is appropriate and in certain cases is a good idea. He talked about the last LOC conference and what they discussed at conference regarding marijuana facilities. He continued talking about locations within park areas and the difference between active parks vs greenspace parks and what that looked like to him. He said when council originally looked at this topic they started out being conservative, knowing they could revise it in the future. Council President Snider said he would also like the planning commission to consider cautious expansion and suggested they study the downtown area again and get input from the TTA and downtown business owners. He suggested the planning commission listen to the audio of tonight's meeting for this item. Councilor Woodard agreed that the planning commission should discuss the downtown area. He had concerns with possible security issues as the density in the downtown area builds up. He said that when people talk to him, security is a concern. Councilor Goodhouse agreed, and in addition would like to have the planning commission reach out to the developers in the downtown area. Council President Snider motioned to amend the marijuana facility hours of operation to 7:00 a.m. to 10:00 p.m. and to decrease the minimum separation distance from 2,000 feet to 1,000 feet to comply with Oregon State Law. Councilor Goodhouse seconded the motion. Mayor Cook asked if they needed to have a roll call vote. City Attorney Olsen asked council if they had an ordinance in front of them as they have amended. Council President Snider replied they did not have any ordinance in front of them. Associate Planner Kowacz said staff would need to come back with an ordinance for adoption,as they did not have one prepared tonight. City Attorney Olsen recommended that council continue the item to a date certain so that staff could come back with an ordinance as amended for council consideration and final adoption. Assistant City Manager Newton told council there was time available on the November 1 meeting and staff would come back at that time with the ordinance. Council asked the City Attorney how they should proceed with the motion currently before them. City Attorney Olsen directed council to amend the original motion to add"continue to date certain of November 1 for final action and adoption". Councilor Goodhouse motioned to amend the original motion to come back on November 1. Councilor Woodard seconded the motion. Motion passed by unanimous vote. TIGARD CITY COUNCIL MEETING MINUTES — October 18, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 11 Name Yes No Council President Snider Councilor Woodard Mayor Cook Councilor Goodhouse Councilor Henderson Mayor Cook called for the vote on the original motion. Motion passed by a majority vote. Name Yes No Council President Snider Councilor Woodard Mayor Cook Councilor Goodhouse Councilor Henderson Assistant City Manager Newton read through the list of concerns for the planning commission to consider: • Consider cautious expansion • Consider doorways facing street • Active parks vs passive parks • Dedicated parking • Lighting • Locations on major streets • Reopen discussion on downtown • Contact the TDA and the CCA • Contact downtown business owners 6. LOCAL CONTRACT REVIEW BOARD -CONSIDER AWARDING THE CONTRACT FOR PUBLIC OUTREACH AND MESSAGING Senior Management Analyst Barrett and Senior Management Analyst Wyatt presented this item. Mr. Barrett explained this was a contract with DHM Research and went over cost. Councilor Woodard said he is still of the mindset that the city needs to have a performance audit done before going out for public outreach. Since the city doesn't know what needs to be done and how much money to ask voters for,he believes a performance audit would tell us that. He said parks and recreation programs are expected to run a data driven performance audit, and cost savings and cost recovery is important to him. He said the city needs to operate more like a hybrid business. Council President Snider said the topic is important but doesn't see the direct connection between the two and in the interest of time would like to move for a motion. Mayor Cook called for a motion to award the contract for public outreach and messaging. TIGARD CITY COUNCIL MEETING MINUTES — October 18, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 8 of 11 Council President Snider motioned to approve awarding the contract for public outreach and messaging and Councilor Goohouse seconded the motion. Motion passed by a majority vote. Name Yes No Council President Snider Councilor Woodard Mayor Cook Councilor Goodhouse Councilor Henderson 7. DISCUSSION OF A CONTRACT WITH A FEDERAL GOVERNMENTAL AFFAIRS AND LOBBYING FIRM Senior Management Analyst Barrett said staff had released a request for bid in early September for federal lobbying services and they only received one response to the bid and it was from the city's current lobbyist CFM. He explained staff was proposing a three-year contract with two one-year options for a total lifetime of$350,000. Council President Snider asked if the price was different than what they were currently paying. Management Analyst Wyatt said there was very little difference and that the last contract was five years ago. He said the city is currently paying roughly$5,800 per month. Mayor Cook responded that is approximately only$400 more. Council President Snider asked if council could approve the contract that night even though staff wasn't currently requesting approval. Council agreed they could. Councilor Henderson motioned to approve awarding the contract with a federal governmental affairs and lobbying firm and Councilor Goodhouse seconded the motion. Motion passed by a unanimous vote. Name Yes No Council President Snider Councilor Woodard Mayor Cook Councilor Goodhouse Councilor Henderson 8. INFORMATIONAL PUBLIC HEARING: CONSIDER RESOLUTION APPROVING UTILITY FEE ADDITIONS AND CHANGES IN THE MASTER FEES AND CHARGES SCHEDULE Mayor Cook opened the public hearing. Utility Billing Supervisor Blecker and Finance and Information Services Director LaFrance explained staff was asking council to approve a reduction in utility fee for urgent notices to $10 and establish a$30 maintenance fee for clearing meters. TIGARD CITY COUNCIL MEETING MINUTES — October 18, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 9 of 11 Mayor Cook asked if there was anyone in the audience who wanted to provide testimony. There was none. Mayor Cook asked for clarification on the maintenance fee amount. Mr. Blecker said he had conducted a study of several other municipalities and their fees ranged from$0485,and that staff was requesting a one-time maintenance charge of$30. Councilor Woodard motioned for adoption of Resolution No. 16-44 and Council President Snider seconded the motion. Deputy City Recorder Burgoyne read the number and title of the resolution. RESOLUTION NO. 16-44 -ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE WHICH REPLACES RESOLUTION NO. 04-99 AND RESOLUTION NO. 16-22 AND ALL SUBSEQUENT AMENDMENTS TO DATE Mayor Cook conducted a vote and the motion passed unanimously. Name Yes No Council President Snider Councilor Woodard Mayor Cook Councilor Goodhouse Councilor Henderson Mayor Cook announced that Resolution No. 16-44 passed by a unanimous vote of council. 9. HUNZIKER INFRASTRUCTURE PROJECT—GRANT AUTHORIZATION Economic Development Manager Purdy explained that staff was seeking authorization allowing the City Manager to sign a grant agreement with the State and a grant agreement with the US Department of Commerce for the Hunziker Infrastructure project. He said the grant from the State is for appropriations and the grant with the US Department of Commerce is for executing the agreement. Councilor Woodard asked what was meant by three-quarter street. Mr. Purdy said the definition of the three-quarter street is the travel lane plus a lane. Councilor Woodard motioned to authorize the City Manager to sign both grant agreements for the Hunziker Infrastructure Project and Councilor Henderson seconded the motion. Motion passed by a unanimous vote. Name Yes No Council President Snider Councilor Woodard Mayor Cook Councilor Goodhouse Councilor Henderson TIGARD CITY COUNCIL MEETING MINUTES — October 18, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 10 of 11 10. NON AGENDA ITEMS -There were none. EXECUTIVE SESSION At 9:40 p.m. Mayor Cook read the citation for an Executive Session to discuss real property negotiations under ORS 192.660(2)(e). He said the Tigard City Council will adjourn from the Red Rock Conference Room. The Executive Session concluded at 10:27 p.m. 11 . ADJOURNMENT At 10:27 p.m. Council President Snider motioned to adjourn the meeting from the Red Rock Conference Room and Councilor Goodhouse seconded the motion. Motion passed by unanimous vote. Name Yes No Council President Snider Councilor Woodard Mayor Cook Councilor Goodhouse Councilor Henderson My Burg e,Deputy ity Rkcorder Att 1 John ok,Mayor Date TIGARD CITY COUNCIL MEETING MINUTES — October 18, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 11 of 11