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City Council Minutes - 12/06/2016 City O f Tigard ■ Tigard City Council Meeting Minutes December 6, 2016 STUDY SESSION Council Present: Mayor Cook, Councilor Henderson, Council President Snider, Councilor Woodard and Councilor Goodhouse Staff Present: City Manager Wine,Assistant City Manager Newton,Public Works Director Rager, Senior Management Analyst Wyatt and City Recorder Krager EXECUTIVE SESSION At 6:32 p.m. Mayor Cook announced that the Tigard City Council was entering into an Executive Session under ORS 192.660 (2) (a) employment of public officers,employees and agents. The executive session ended at 7:08 p.m. A. RECEIVE BRIFING ON AN INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE MAINTENANCE FOR SW BARROWS ROAD Public Works Director Rager gave the history of this joint project with Beaverton that began as Progress Ridge developed. There was a memorandum of understanding at first and then a cooperative intergovernmental agreement. The City of Beaverton maintains the entire road but Tigard pays half of the maintenance costs. Council approved this to be on the December 20`'Consent Agenda. Administrative Items: o Discussion on remnant property on corner of McDonald Street and Highway 99W A discussion was held and Council consensus was that due to the city paying ODOT for cost overruns on the McDonald/Gaarde/Highway 99W project it should not have to pay for the remnant. If ODOT sells it to a third party the city should be reimbursed. It is not accessible by either road,not buildable, contaminated and the only access is through adjacent properties. However,if the city owned it there would be control over what goes on,i.e., flag shops or illegal signage. It could be a gateway or a memorial garden (but is not really a place to gather). Other ideas included making it a green space to offer visual relief from 99W by planting a lawn and installing a bench or a flagpole. Public Works Director Rager reminded council that the city-maintained corner on Hall Boulevard and 99W looks TIGARD CITY COUNCIL MEETING MINUTES — December 6, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 1 of 7 nice but takes time and money to keep up. Councilor Henderson suggested planting several trees on it to help reduce the below-ground contaminants. A reader board could be installed listing city events. The question was raised whether ODOT would allow the city to advertise events on the property if they maintain ownership. o TVF&R has offered a tour of their command center after goal setting on December 15. Mayor Cook and Councilor Goodhouse expressed interest in taking the tour. 1. BUSINESS MEETING A. At 7:34 p.m. Mayor Cook called the City Council and Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook called for any Non-Agenda items. There were none. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—City Manager Wine said there was a letter in the Thursday newsletter from Redevelopment Project Manager Farrelly in response to gateway artist Brian Borello's previous comments. She or Mr. Farrelly can be contacted for any questions. B. Citizen Communication—Sign-up Sheet Gary Burns, 12860 SW Fischer Road,Tigard, OR,requested attention for a street water problem. He said there is a jurisdictional issue between ODOT and Tigard but the corner of Highway 99W and Durham Road is a hazard to pedestrians and the flowing water is going to erode the sidewalk. City Manager Wine asked him for contacts made previously with city staff. Mr. Burns said he made several calls to the city's Public Works Department. Mayor Cook noted that he spoke with PW Director Rager. Council President Snider asked if this is related to Clean Water Services swales. TIGARD CITY COUNCIL MEETING MINUTES—December 6, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 2 of 7 3. CONSENT AGENDA: (Tigard City Council) A. APPROVE CITY COUNCIL MINUTES: • November 15, 2016 B. APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT WITH OREGON DEPARTMENT OF REVENUE TO COLLECT CITY OF TIGARD 3 PERCENT MARIJUANA TAX Council President Snider moved for approval of the Consent Agenda and Councilor Goodhouse seconded the motion.The motion passed unanimously. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 4. CONSIDER A RESOLUTION AMENDING AN INTERGOVERNMENTAL AGREEMENT WITH METRO FOR WESTSIDE TRAIL EASEMENT MAINTENANCE 0 Parks and Facilities Manager Martin gave the staff report. He said this request is for approval of an addition to an intergovernmental agreement with Metro which allows the city to take over management of a trail. This is an additional trail adjacent to the Westside Trail and will allow the trail to come off of the Power Line Trail onto the street. This IGA allows the city to add more trails with council approval. Mayor Cook said the legal description is hard to understand and requested that a map be attached to these agenda items. Mr. Martin handed out a map for council to view. This amendment will allow the trail to be built once engineering has been completed. Councilor Woodard moved to approve Resolution No. 16-47 and Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. Mayor Cook conducted a vote and the motion passed unanimously. RESOLUTION NO. 16-47 A RESOLUTION TO ADD A TRAIL EASEMENT TO AN EXISTING INTERGOVERNMENTAL AGREEMENT WITH METRO FOR THE WESTSIDE TRAIL EASEMENT MANAGEMENT MAINTENANCE AND OPERATION. TIGARD CITY COUNCIL MEETING MINUTES — December 6, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 7 Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 5. RECEIVE LEGISLATIVE REPORT FROM JOEL RUBIN, CFM Senior Management Analyst Wyatt introduced lobbyist Joel Rubin who discussed the city's federal agenda,highlighted progress in 2016 and looked towards the 2017 agenda. Mr. Rubin said there is a flurry of activity in Washington DC currently and the upheavals may present opportunities. The federal agenda and investment package is still a work in progress. Mr. Rubin discussed successes in federal funding obtained for the city in 2016. • The Tigard Farmers Market Promotion increased lower-income consumer awareness of the market. SNAP and EDT purchases increased by 89 percent.Additional vendors, including those offering milk and cheese continued the market's momentum and brought more activity to the downtown. He said they enjoyed working with the Chamber of Commerce and it will be on the federal agenda for next year. • A$400,000 Brownfields cleanup grant was received. These EPA grant applications are complicated and take a lot of staff time to prepare. Mayor Cook has met with Environmental Protection Agency (EPA) staff and they are touting the progress Tigard is making in the downtown. The goal of an EPA brownfield grant award is to take a blighted downtown area and redevelop it for economic activity.An effort was made to bring in the business community and citizens. Tours were provided for the congressional delegation. He thanked Senator Merkley for giving the project the extra push. • Also received was a$2,083,000 grant through Department of Commerce EDA for Hunziker Industrial Park.This effort began with tours for legislators almost two years ago. A state grant for$1.5 million helped leverage federal program dollars. He said the Hunziker property is one of a few vacant properties available in the Portland area. Program successes (policy items) for 2016 include: • Community Development Block Grant funding was maintained at$3 billion. • EDA program was maintained at$240 million. • Byrne grant program was maintained in the senate and increased in the house This program provides funding for police equipment and Tigard should see more of this money now that the population has reached 50,000. This grant is one way to secure federal funds for unfunded communication upgrade mandates. • In the Senate there is $525 million available for TIGER (large scale transportation infrastructure) grants and a decrease in the House down to $100 million. There is $25 million available for planning grants for TIGER which could help get projects TIGARD CITY COUNCIL MEETING MINUTES —December 6, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 7 ready for a grant application. Mayor Cook said Washington County received a TIGER grant and noted that there was a 20 percent match but bringing higher matches to the table is more competitive. The minimum amount that can be applied for is $5,000. Mr. Rubin said bringing in a 40 percent local match is recommended. Mr. Rubin highlighted CMF's comprehensive service. They match projects with Tigard's narrative. They advocate for specific grants but also programs important to the city. They ensure Oregon's congressional legislators are aware of what is important to Tigard. Mayor Cook said Senator Wyden spoke about re-patriotism funding which could be used for infrastructure,not just roads but also for replacing lead pipes or storm water improvements. Mr. Rubin advised that Tigard be prepared and have some projects to add to the list. The turnaround time for applications is often very short and Tigard needs to be ready. Mr. Rubin expects federal regulations to loosen under the new administration. Another area of concern for cities is burdensome federal regulations and Mr. Rubin suggested that if there were any particular areas of compliance that are difficult or unrealistic to work with they could be mentioned to Tigard's federal legislators. The preliminary 2017 federal agenda • Tigard Heritage Trail • Transportation projects • Tigard Farmer's Market grant—USDA is excited about Tigard's results. • Work with just Compassion to help them understand grant opportunities and use of federal funding. There is a homeless veteran program but it requires a track record of results before applying • SW Corridor • CDBG, EPA and Byrne grants • FEMA flood mapping regulations now requiring consideration of the Endangered Species Act when in a flood plain. This will impact development all over Oregon. Mayor Cook pointed out that the draft agenda has items that do not bring money directly to the city but he appreciated CFM supporting policies that fit in with City causes. Mr. Rubin spoke about his preview of 2017 legislation. He said earmarks were eliminated in 2010 but there will be discussion about restoring them to municipalities in early 2017. EPA funding is in jeopardy which could endanger the brownfields grants. Mayor Cook noted that Mr. Rubin was made a CFM firm partner since his last visit to council. He expressed appreciation for their working relationship with the city. 6. DISCUSS THE CITY'S 2017 FEDERAL AND STATE LEGISLATIVE PRIORITIES Senior Management Analyst Wyatt gave the staff report Staff identified potential issues the city may want to take a position on in the upcoming legislative session along with the League of Oregon TIGARD CITY COUNCIL MEETING MINUTES —December 6, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 7 Cities (LOC) legislative priorities. He highlighted a few and asked council to suggest any changes or additions: • SW Corridor Land Use Final Order—this has been vetted by the city's community development staff and city attorneys. • Mental health initiatives—Councilor Henderson was supportive of these efforts • Transportation • Right of way/franchise issue Mayor Cook agreed that right of way is important to cities. Counties and special districts are considering asking the legislature for permission to get a right of way fee and re-write the rules on what cities get and how it is applied to them. He said cities need to stick together on this home rule charter issue. Senior Management Analyst Wyatt said one draft bill requires that if a city charges another entity money it would have to prove that it was spent on right-of-way repairs and projects. Council President Snider encouraged staff to think about shovel-ready projects both for projects the city owns and is responsible for and those such as getting Hall Boulevard into good enough condition that the city would want to take it over. Mayor Cook suggested that the state might be more apt to give a city$2 million so it can leverage another$7 million in grant funding but would not be as likely to give out the entire$7 million. So City Manager Wine said the Transportation Strategies Team could look through the transportation CIP list for ideas. Senior Management Analyst Wyatt said he is also getting a list of walkability projects from staff. Councilor Goodhouse reminded staff to list names and have photos of all legislators serving the area. Mayor Cook said state and federal agencies are impressed with the city's printed materials and their ready distribution when a legislator asks what the city's agenda is. Senior Management Analyst Wyatt said adding a list of successes will let lawmakers know Tigard's success in writing grants. He said the final state and federal legislative agendas will be issued in early January. 7. CONSIDER AUTHORIZING A SECOND AMENDMENT TO THE LASICH PROPERTY PURCHASE AGREEMENT 10 Parks and Facilities Manager Martin gave the staff report. This is a request to authorize a second amendment to the Lasich property purchase agreement. The property seller has asked to withdraw$60,000 from escrow to help cover the costs of dismantling and removing greenhouses from the property. Mr. Martin noted that the city has a good relationship with the seller and this request will not cost the city anything. Councilor Henderson moved to approve a second amendment to the Lasich property purchase agreement. Council President Snider seconded the motion. The motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES —December 6, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 7 Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 8. NON AGENDA ITEMS None. 9. EXECUTIVE SESSION: At 8:49 p.m. Mayor Cook announced that the Tigard City Council was entering into an Executive Session under ORS 192.660 (2) (i) to review and evaluate,pursuant to standards, criteria,and policy directives adopted by the governing body,the employment-related performance of the chief executive officer. He said the City Council would adjourn from the Red Rock Creek Conference Room immediately after the Executive Session. The Executive Session ended at 9:52 p.m. 10. ADJOURNMENT At 9:52 p.m. Council President Snider moved for adjournment. Councilor Henderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. YCS No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Carol A. Krager, City Recorder 41 �4 J eau ac4 sN 2 Date: 5z'l TIGARD CITY COUNCIL MEETING MINUTES — December 6, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 7