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City Council Minutes - 02/14/2017 City of'Tigard Tigard City Council Meeting Minutes • , February 14, 2017 STUDY SESSION Council Present: Council President Snider,Councilor Woodard,Councilor Anderson and Councilor Goodhouse. City Manager Wine introduced Madison Thesing,an ELGL(Engaging Local Government Leaders) fellow who will be working between the cities of Tigard and Tualatin for the next few months. COUNCIL LIAISON REPORTS Councilor Anderson attended the Regional Water Providers Consortium budget meeting. There are 9 new members out of 20 so part of the meeting was spent providing background. Tigard's bill rose from$30,000 to$32,000. Metro backed out of their financial contribution because they are not actually a water provider. He explained that there needs to be outreach for conservation and emergency management and much of this was accomplished with the help of Channel 8 News. The cost is less expensive when spread among all members. He noted that he also attended the Park and Recreation Board and Planning Commission meetings. Council President Snider reported on water discussions held with Durham and the Tigard Water District. He said all parties are in agreement now and a framework is ready for the attorneys to look at and then they will review it as a group. Councilor Goodhouse attended the SW Corridor Project Kickoff at the Tigard Public Library on February 2. He found it informative but noted that several people he spoke with had questions and do not understand the ballot measure process.He said many attendees are interested in staying informed and left their email addresses so they can be contacted about future outreach. Councilor Goodhouse attended the Willamette River Water Coalition meeting and said the number Tigard will need to pay into the partnership is $900,000 and this is due by the end of the year. He said Utility Manager Goodrich will be updating council. RECEIVE METRO UPDATE FROM COUNCILOR DIRKSEN Metro Councilor Dirksen gave a slide presentation updating council on Metro activities. A Metro website feature called Regional Snapshot highlights various topics and he noted that the latest one is about brownfields. He distributed a handout on brownfields and another on Metro's legislative priorities. TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 1 of 12 Councilor Dirksen said JPACT approved funds for the Hunziker Street project. He talked about Metro's legislative agenda and mentioned he will be at the legislature promoting a statewide transportation funding bill. He will also ask for help to fund design and construction of the SW Corridor light rail project using lottery funds. In response to a question from City Manager Wine on urban growth boundary (UGB) expansion he said Metro has written a bill to get small UGB additions out of the cycle for faster approval when local jurisdictions need immediate action. He said that the more prepared a city is with a concept plan and details,the more likely their small UGB expansion would be considered. Councilor Dirksen discussed Metro's equitable housing efforts and said Metro has funding primarily for housing planning.Tigard has received grant money for downtown improvements (Nicoli property) and for a study on how to replace affordable housing that could potentially be displaced by the SW Corridor alignment. Administrative Item: City Manager Wine said the city did not receive CDBG (Community Development Block Grant) funding for Bagan Park. 1. BUSINESS MEETING A. At 7:37 p.m. Council President Snider called the City Council and Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Council President Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None B. Citizen Communication—Sign-up Sheet. There was no citizen communication. 3. CONSENT AGENDA: (Tigard City Council) TIGARD CITY COUNCIL MEETING MINUTES— February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 2 of 12 A. APPROVE CITY COUNCIL MEETING MINUTES • December 6,2016 • January 3,2017 Councilor Woodard moved for approval of the Consent Agenda as presented and Councilor Goodhouse seconded the motion. The motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ 4. CONSIDER RESOLUTION INITIATING STREET VACATION PROCEEDINGS FOR SW FRIENDLY LANE IN RIVER TERRACE City Engineer Faha gave the staff report on this item. Staff is requesting council authorize initiating proceedings for a vacation of right of way on Friendly Lane in River Terrace.They are requesting that council set a public hearing date of March 7. Councilor Anderson asked if there had been any opposition and Mrs. Faha replied no. Councilor Anderson moved to approve Resolution No. 17-08. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution.The motion passed unanimously. Resolution No. 17-08—A RESOLUTION INITIATING PROCEEDINGS TO VACATE A PORTION OF PUBLIC RIGHT-OF-WAY OF SW FRIENDLY LANE IN RIVER TERRACE Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ Council President Snider announced that Resolution No. 17-08 was approved unanimously. TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 3 of 12 5. CONSIDER RESOLUTION TO INITIATE VACATION PROCEEDINGS FOR A PORTION OF RIGHT OF WAY ON SW 76TH AVENUE City Engineer Faha said staff is requesting that council initiate vacation proceedings for a portion of right of way on 76h Avenue and set a public hearing for March 7. Councilor Goodhouse moved for approval of Resolution No. 17-09 and Councilor Anderson seconded his motion. There were no questions from council. City Recorder Krager read the number and title of the resolution. Resolution No. 17-09—A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACATE A PORTION OF PUBLIC RIGHT- OF-WAY ON SW 76TH AVENUE Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ Council President Snider announced that Resolution No. 17-09 was approved unanimously. 6. LOCAL CONTRACT REVIEW BOARD CONSIDERATION OF TRANSPORTATION STUDY FOR 72ND AVENUE/TIGARD TRIANGLE AREA CONTRACT City Engineer Faha and Senior Management Analyst Barrett gave the staff report on this item. City Engineer Faha said this contract is with Angelo Planning Associates for a not to exceed amount of $200,000 for work that supports a reanalysis of 72nd Avenue. It is slated to be five lanes from 72nd through the Triangle area in the city's Transportation Plan. However,the Tigard Triangle Strategic Plan indicates that 72nd Avenue is a through street but also a pedestrian street to be supportive of the development desired in the Triangle. This work is necessary to determine the ultimate configuration, such as number of lanes and how 72nd Avenue can best support pedestrians,bikes,transit,through- freight and autos. There could possibly be changes to intersections such as Highway 217 up through Dartmouth or Dartmouth up to Highway 99W. She said there will be significant opportunities for citizen involvement throughout the process and ultimately there could be an amendment to the Transportation Plan. Councilor Woodard said it is good to examine this because walking along Highway 99W towards Dartmouth Street is dangerous. He noted the amount of big box development in the area and said streamlining it is a good idea. TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 4 of 12 Councilor Goodhouse moved for approval of the Transportation Study for 72nd Avenue/Tigard Triangle area contract and Councilor Anderson seconded the motion Council President Snider conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ 7. LOCAL CONTRACT REVIEW BOARD CONSIDERATION OF ON-CALL AND OF RECORD ENGINEERING AND RELATED SERVICES CONTRACTS Senior Management Analyst Barrett said a qualification-based service (QBS) request for proposals was issued. The city is allowed to directly contract up to$100,000 if a contractor is on the list and these contracts will relieve some of the burdensome QBS requirements from staff. Staff determined that using of record and on-call contracts would expedite projects. These are contracts that would not typically come before council but the overall dollar amount of these contracts over two to four years would exceed an amount that requires council approval. Council received an attachment in their meeting packet that lists all of the different services and the contractors. Councilor Woodard asked about on-call vs. of record contractors and Mr. Barrett replied that there is only one of record contractor and that is for the aquifer storage and recovery program. He said on-call is used in the situation where there are typically 3-5 firms who all meet the QBS requirements. He stated that there is the potential to reach the$100,000 total but no one project will exceed that amount. Councilor Goodhouse moved for approval of on-call and of record engineering and related services contracts. Councilor Woodard seconded the motion and Council President Snider conducted a vote. The motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 5 of 12 8. LOCAL CONTRACT REVIEW BOARD CONSIDERATION OF DIRKSEN NATURE PARK BOARDWALK DESIGN,FABRICATION AND DELIVERY CONTRACT Senior Management Analyst Barrett and Senior Engineering Project Coordinator Peck gave the staff report on this item. Mr. Barrett said this contract will purchase design, fabrication and delivery of the boardwalk to the site. He noted that this contract is not for construction of the boardwalk on the ground;it is just for the bridge portion. Senior Engineering Project Coordinator Peck said the project is a boardwalk to be sited over the wetland per the Dirksen Nature Park Master Plan and will allow close-up viewing of the forested wetland but preserve the natural setting. In response to a question from Council President Snider Mr. Peck confirmed that the contract is for purchase and delivery of the boardwalk to the site. Councilor Woodard asked when it would be installed and Mr. Peck said the boardwalk will be installed this summer along with the work to restore the wetland. Staff would like to add the oak savannah overlook to the same construction bid. Councilor Woodard moved for approval of the Dirksen Nature Park Design,Fabrication and Delivery of the Boardwalk contract. Councilor Anderson seconded the motion. Council President Snider conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ 9. CONSIDER ADOPTING TIGARD'S REPRESENTATION IN WASHINGTON COUNTY'S NATURAL HAZARD MITIGATION PLAN Emergency Management/Safety Coordinator Lueck gave the staff report. In 2007 the emergency management office did an examination of current emergency management plans and identified the need for other plans to assure the city is aligned with those plans. A need was identified for a natural hazard mitigation plan and Tigard prepared one and received FEMA approval in 2008. Completion of the plan made the city eligible for future federally funded mitigation grants.The natural hazard mitigation plan has a mandated five-year update schedule. The update process began in 2013 but due to some competing priorities was delayed. Mr. Lueck said Washington County received a federal grant in 2014 to update the county plan and solicited Tigard to collaboratively update their county plan and the city's addendum. Tigard's in- kind match requirement was $7,500 and this included work done by Council,City Management, Community Development,Police and Public Works. He said he especially wanted to thank Interim Police Chief Rogers,Assistant Community Development Director McGuire and Utility Manager Goodrich for their work on the steering committee. He said the Natural Hazard Mitigation Plan Addendum 2016 update is the result of a collaborative process among representatives from the City TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 6 of 12 of Hillsboro,City of Tigard,Washington County Land Use and Transportation,Washington County Emergency Management,and stakeholders from Clean Water Services,Tualatin Valley Fire and Rescue,Tualatin Valley Water District,Oregon Emergency Management and the Oregon Partnership for Disaster Resilience (University of Oregon),which was the contracted vendor that assisted in the process.The public also had an opportunity to play a role in the development of the plan goals and action items. The Natural Hazard Mitigation Plan is a non-regulatory plan for reducing impacts from disasters and includes resources and information to guide public and private sector organizations as they work together to reduce these risks. It also describes actions targeted to reduce risks and loss when future natural hazard events occur including floods,landslides, severe weather,wildfire,earthquake and volcanic eruption. This will serve as a guide for Tigard's decision makers as they commit resources to reduce the effects of natural disasters. Staff recommendation is for council to adopt the City's addendum to Washington County's Update by resolution. Councilor Woodard mentioned an email from Elise Shearer regarding St.Anthony's School. He asked why it was not listed and what help the school could receive to fortify its structure. Mr. Lueck said the school is identified as an essential facility. There are critical facilities and essential facilities. Both are top priority for the windshield survey process done immediately after a hazard occurs. As far as mitigation, staff could help them in their efforts through the seismic rehabilitation grants from the state,where there is currently$200 million available for schools and emergency services. Councilor Woodard asked if the school was considered a potentially high-collapse structure. Mr. Lueck said this is the first time that the facility types have been addressed in the city's plan. Currently,DOGAMI is doing an all-risk multi-hazard assessment throughout the state and specifically,Washington County. It should be completed this year and he expected that facility to be on the list. Councilor Woodard confirmed that anyone interested could go to the website at DOGAMI.org Mr. Lueck said he will follow up with Elise Shearer. Councilor Goodhouse moved for approval of Resolution No. 17-10 adopting the Washington County Multi Jurisdictional Natural Hazard Mitigation Plan and Councilor Anderson seconded the motion. Council President Snider conducted a vote and the motion was approved unanimously. Resolution No.17-10—A RESOLUTION ADOPTING THE CITY OF TIGARD'S REPRESENTATION IN THE UPDATES TO THE WASHINGTON COUNTY MULTI JURISDICTIONAL NATURAL HAZARD MITIGATION PLAN (NHMP) Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 7 of 12 10. CONSIDER APPROVAL OF A RESOLUTION OF NECESSITY FOR EAST TIGARD SEWER SANITARY EASEMENTS Engineering Project Coordinator Peck gave the staff report. He said this resolution of necessity is to acquire temporary construction easements and permanent sanitary sewer easements for the East Tigard Sewer Improvement Project. This project will replace an existing sanitary sewer line located in Red Rock Creek,provide increased capacity,prevent overflow and improve access for routine maintenance. On August 9,2016 Council authorized staff to begin negotiations to obtain these easements. Appraisals were prepared and negotiations began with affected property owners to acquire the easements. Council approval of a resolution of necessity is the next step. He said Clean Water Services is paying 100 percent of the property acquisition costs for all public sewer lines larger than a 12-inch diameter and costs related to reconnections of the existing sewers along the alignment. Councilor Woodard asked if the city would be responsible for the 8-inch sewer lines and if that cost was known. Mr. Peck said the city's portion is expected to be$200,000 of the total estimated construction portion of the contract,which is just over$1 million. Councilor Goodhouse moved for approval of Resolution No. 17-11. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 17-11—A RESOLUTION DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF CONSTRUCTING PUBLIC UTILITIES AND RELATED IMPROVEMENTS ADJACENT TO AND ACROSS RED ROCK CREEK FROM PORTLAND AND WESTERN RAILROAD RIGHT OF WAY TO SW HUNZIKER ROAD AND AUTHORIZING EMINENT DOMAIN AND IMMEDIATE POSSESSION IF NECESSARY Council President Snider conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ 11. DISCUSS SW CORRIDOR LAND USE FINAL ORDER 10 Community Development Director Asher said the SW Corridor Land Use Final Order(LUFO) was discussed in council's legislative briefing in January and council had questions. He said he,City Attorney Rihala and TriMet Executive Director for Public Policy Bernie Bottomly were present to discuss this law and the proposed update which sets up the process by which the SW Corridor (SWC)light rail projects will get land use approval. TIGARD CITY COUNCIL MEETING MINUTES— February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Pagc 8 of 12 Community Development Director Asher said normally land use approval for projects built in Tigard is obtained through Planning Commission and sometimes Council actions but this does not work for a project stretching from downtown Portland to Tualatin. This was figured out by the region many years ago when the west side line was built.There needed to be a way to supersede all the land use processes of local jurisdictions to provide assurance that the project would move through land use expeditiously. This is critically important to a light rail project,which has to compete nationally for federal funds. Community Development Director Asher said the land use approval process was used for the west side light rail as well as when the region built the north-south lines. The SWC project is not in the same geography so TriMet,Metro and other partners are asking the legislature to update an Oregon law that creates this land use final order for light rail projects. The geography has to be changed so this project qualifies,as well as a few other updates. The bill,which Mayor Cook has been asked to support in Salem,describes the rules about how land use approval will work. Most of the bill is about process. It says the LCDC (Land Conservation and Development Commission) is charged with setting up criteria by which Metro will adopt a land use approval. Instead of having the region or any one of the jurisdictions involved establish the criteria for this project,it will be done at the state level. It will be done in the way we are used to seeing it,with notices,hearings,and standing for those who want to make appeals. Mr.Asher drew council's attention to two things: 1) The LUFO determines the approximate location of the project;and 2) It defines what the pieces of the project are. Another reason the LUFO is a smart way to do this is that not only does the project travel through different jurisdictions,but it is also made up of many different parts (tracks,parking garages,substation buildings,operator rooms and bridges) that are built in different zones.What the LUFO will do is say where it is generally approved to go and what improvements and project elements are approved to go along with it. Metro has to hold a public hearing based on criteria it gets from the state and recommendations and support from the steering committee to make findings and approve this final land use order. TriMet will be the applicant. The last part of the bill determines what must be done at the local level to be in compliance with the LUFO.We must be consistent. The city plans,including the Comprehensive Plan,Transportation System Plan,etc. cannot contravene. Permits must be issued in a timely manner.The conditions attached to permits are limited,in that they must be reasonable and this is defined in the bill. Mr.Asher gave an example of the line in Milwaukee and said if a bridge was being built,the city could say they needed to comply with city codes and design standards but could not say for example, "we don't want it built here,we want it built over there." He did not think this kind of process happens for any other kind of project but it has been used for successful building of most of the regional light rail system. It allows the region to be competitive where and when it is necessary to be competitive. He acknowledged that in his experience the city does have to forego some jurisprudence over what gets built and where but there are protections built in and the project still must comply with city codes and elements can be conditioned. TIGARD CITY COUNCIL MEETING MINUTES—February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 9 of 12 TriMet Executive Director for Public Policy Bottomly said the land use final order is developed as an outcome of the steering committee's work in which Mayor Cook participates.The project elements are decided in a cooperative,consensus process at that table. This legislation would provide a way to move the product efficiently through the land use process. This is important because when TriMet's application is made to the federal government they will ask if the local land appeals process was exhausted.This creates a defined set of appeal processes and timelines. Council President Snider asked which body issues the land use final order. Mr.Bottomly said the LUFO is codified and adopted by Metro based on the recommendation of the steering committee. Councilor Woodard asked if it went to a vote and Community Development Director Asher said it does not. He said that because the project spans different jurisdictions Metro is the best jurisdiction to do this and they use criteria established by LCDC. All will be aligned with the project that the steering committee defines. City Attorney Rihala said this was a good summary and to recap for council in a simplified version, the legislature authorizes LCDC to adopt criteria. Metro applies that criteria and issues the LUFO. Any appeals would be to LUBA (Land Use Board of Appeals) and then fast tracked to the Oregon Supreme Court,bypassing the Oregon Court of Appeals and streamlining the process. Community Development Director Asher confirmed for Councilor Anderson that Tigard's'best interests will be represented by Mayor Cook and others on the steering committee all the way through the process until construction.The steering committee will meet even into the early stages of construction. Mr.Asher said that the city will end up caring a lot about the quality of what gets built and how it integrates with the environment that it's in. The city will have the EIS (Environmental Impact Statement) for knowledge and will be working with TriMet throughout the process.What the LUFO does,is limit the city's ability to leverage the project through land use conditions. It is important to have the right codes in place and staff has work to do to bring some codes up to date so the city has more protection by the time this project is constructed. There is also a cap,where TriMet can say under the LUFO something we want might be too onerous. He said in his experience at Milwaukee there was always tension between the city and TriMet but it never became controversial. Councilor Goodhouse asked if the Metro land use control remains in effect after the project is complete. Mr.Asher said he felt it goes back to the original jurisdiction but added it is never entirely Metro's land;the city will still be issuing right-of-way permits to allow construction on public land. Mr. Bottomly added that the LUFO only applies to the actual construction of the project. If there is excess property after the project is finished which was used for staging, for example,the underlying city zoning would still apply. Councilor Goodhouse asked if that was written into the bill and Mr. Bottomly said it terminates after the project. City Attorney Rihala added that the text of the bill defines the project,its components and said the bill is not applicable outside the project. Councilor Woodard asked for a process flow sheet. Council President Snider suggested putting that on the website. TIGARD CITY COUNCIL MEETING MINUTES—February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 10 of 12 Councilor Anderson asked if the provisions of the bill are statewide and Mr. Bottomly replied that this legislation applies only to light rail projects. Councilor Anderson asked who handles eminent domain. Mr. Bottomly said there are two project phases,a broader planning phase in which Metro is the lead and then after the LUFO is issued the project transitions to TriMet. Property acquisitions occur after TriMet is the lead but they try very hard not to exercise eminent domain. Councilor Woodard asked if the LUFO gives the authority for eminent domain and Mr. Bottomly replied that state law gives that authority to TriMet. 12. CONSIDER RENEWAL OF WASHINGTON COUNTY MOSQUITO CONTROL INTERGOVERNMENTAL AGREEMENT. Utility Manager Goodrich said this renewal is a five-year extension of an IGA with Washington County which the Tigard City Council last considered in 2012,but originally as far back as 2004 or 2005. Councilor Goodhouse asked if there was a cost. Mr. Goodrich said the larvacide costs about $8,500 but the county purchases it. The agreement obligates Tigard to ensure its application in all catch basins in June or July to control mosquitos. Councilor Goodhouse moved for approval of authorizing the city manager to execute the agreement and Councilor Woodard seconded the motion. The motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ 13. NON AGENDA ITEMS 14. EXECUTIVE SESSION None held 15. ADJOURNMENT At 8:39 p.m. Councilor Goodhouse moved for adjournment. Councilor Anderson seconded the motion and all voted in favor. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 11 of 12 A'-Za Carol A. Krager,City Recorde Attes Jason S er,Council President Date TIGARD CITY COUNCIL MEETING MINUTES— February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 12 of 12