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City Council Packet - 09/26/2017 - City of Tigard ECARD Tigard Business Meeting—Agenda TTIGARD CITY COUNCIL MEETING DATE AND TIME: September 26,2017 - 6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://live.tigard-or.gov CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. ' ° Cate of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL MEETING DATE AND TIME: September 26,2017 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM •STUDY SESSION A. EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss real property negotiations under ORS 192.660(2)(e). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. 6:30 p.m. estimated time B. POTENTIAL URBAN RENEWAL INVESTMENT IN TRIANGLE AFFORDABLE HOUSING DEVELOPMENT 6:50 a.m. estimated time C. COUNCIL LIAISON REPORTS 7:05 p.m. estimated time 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION - Follow up to Citizen Communication A. Citizen Communication—Sign-up Sheet 3. CONSENT AGENDA: (Tigard City Council) These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. APPROVE CITY COUNCIL MINUTES: *July 11,2017 •July 25,2017 •August 22,2017 •September 5,2017 B. CONSIDER AUTHORIZING A THIRD AMENDMENT TO THE LASICH PROPERTY CONTRACT OF SALE AND ESCROW INSTRUCTIONS •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/City Center Development Agency has voted on those items which do not need discussion. 4. CONSIDER RESOLUTION AUTHORIZING A CDBG GRANT APPLICATION FOR METZGER SCHOOL PARK 7:35 p.m. estimated time 5. CONSIDER SANITARY SEWER LA 1'ERAL GRANT FUNDING MAXIMUM 7:40 p.m. estimated time 6. NON AGENDA ITEMS 7. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 8. ADJOURNMENT 7:55 p.m. estimated time • P El n City of Tigard Tigard City Council Meeting Agenda TIGARD September 26, 2017 CITY COUNCIL STUDY SESSION A. EXECUTIVE SESSION - Mayor Cook will read the citation: The Tigard City Council is entering into Executive Session called under ORS 192.660 (e) to discuss property negotiations. All discussions are confidential and those present my disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Sessions may be held for the purpose of taking any final action or making any final action or making any fmal decision. Executive Sessions are closed to the public. 6:30 p.m. estimated time B. PO'T'ENTIAL URBAN RENEWAL INVESTMENT IN TRIANGLE AFFORDABLE HOUSING DEVELOPMENT 6:50 p.m.estimated time Redevelopment Project Manager Farrelly will give the staff report. Rachel Duke from Community Partners for Affordable Housing (CPAH) will be in attendance. C. COUNCIL LIAISON REPORTS 7:05 p.m. estimated time Administrative Items: o Discuss council outreach for October ❑ December 26, 2017 business meeting cancelled ❑Vacation Schedules for council for November,December and January Council Meeting Calendar October 3*Tuesday Council Business Meeting—6:30 p.m.,Town Hall 10*Tuesday Council Bu3incs3 Mccting 6:30 p.m.,Town I Iall Cancelled 17*Tuesday Council Business/Workshop Meeting—6:30 p.m.,Town Hall 24*Tuesday Council Business Meeting—6:30 p.m.,Town Hall November 7*Tuesday Council Business Meeting—6:30 p.m.,Town Hall 14*Tuesday Council Business Meeting—6:30 p.m.,Town Hall 21*Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 28*Tuesday Council Business Meeting—6:30 p.m.,Town Hall December 5* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 12*Tuesday Council Business Meeting—6:30 p.m.,Town Hall 19*Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 26*Tuesday Council Bu3incss Meeting 6:30 p.m.,Town Hall Cancelled Regularly scheduled Council meetings are marked with an asterisk (*) AIS-3268 B. Business Meeting Meeting Date: 09/26/2017 Length (in minutes): 10 Minutes Agenda Title: POTENTIAL URBAN RENEWAL INVESTMENT IN TRIANGLE AFFORDABLE HOUSING DEVELOPMENT Submitted By: Sean Farrelly,Community Development Item Type: Update,Discussion,Direct Staff Meeting Type: City Center Development Agency Public Hearing: No Publication Date: Information ISSUE Discuss a potential Urban Renewal investment in a Community Partners for Affordable Housing project in the Tigard Triangle. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the Board of the Tigard Town Center Development Agency consider the request. KEY FACTS AND INFORMATION SUMMARY Community Partners for Affordable Housing(CPAH) acquired a property on SW 69th Avenue in the Tigard Triangle Urban Renewal District to develop into affordable housing. The project will help address the affordability crisis in the region. CPAH is working to put together financing for the $14 million,48-unit Red Rock Commons project. The units will serve a mix of tenants,including people making 0-60% of median family income. CPAH is investigating partnerships that would benefit their tenants, such as Luke-Dorf and Portland Community College. CPAH is currently assembling funding from many different sources,including HOME funds,state LIFT funds,Low Income Housing Tax Credits,Metro and Washington County. In planning for its sources of funds and development costs,CPAH has projected a gap in financing. CPAH has identified other potential sources to partially fill the gap, such as foundations. It is also requesting to the Board of the Town Center Development Agency that the gap could be partially filled with an investment of Triangle tax increment funds. Demonstrating local investment will improve the project's ability to obtain other funding. The voter-approved Tigard Triangle Urban Renewal Plan (TTURP) includes goals and objectives that are supportive of investment in housing. More detail about the request will be presented at the Study Session. If the Board gives staff direction to make the investment,a resolution will be prepared for consideration at the October 3 Council meeting. OTHER ALTERNATIVES The Board could decide not to make the investment. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard Triangle Urban Renewal Plan Goal 5 Provide financial and technical assistance to new and existing businesses and housing developments that contribute to the Area's diversity and vitality,and help it transform into a mixed-use and pedestrian-oriented district. Objectives: 5.3. Support the development of mixed-use buildings that provide a variety of housing types and storefront spaces for a range of community and commercial needs. 5.4. Assist in the development of affordable and workforce housing. DATES OF PREVIOUS COUNCIL CONSIDERATION This will be the first time the Board has considered the issue. Attachments No file(s)attached. 11 City of Tigard T I G A R D Memorandum To: Chair Cook and Directors of the Town Center Development Agency From: Sean Farrelly, Redevelopment Project Manager Re: Potential Urban Renewal Investment in Triangle Affordable Housing Development. Date: September 19, 2017 Community Partners for Affordable Housing (CPAH), a non-profit affordable housing developer and service provider serving Tigard, Beaverton and S.W. Portland,is putting together financing for a site they own at 11090 SW 68th Parkway in the Tigard Triangle Urban Renewal District. The project will help address the shortage of affordable units in Tigard. The $14 million Red Rock Commons project would provide 48 units serving a mix of tenants, including people making 0-60% of median family income. CPAH is investigating partnerships that would benefit their tenants such as Luke-Dorf and Portland Community College (PCC). Financing affordable housing is complex, and CPAH is currently assembling funding from many different sources, including Federal HOME funds, state Local Innovation and Fast Track (LIFT) Housing Program funds, Low Income Housing Tax Credits, Metro and Washington County. In planning for its sources of funds and development costs, CPAH has projected a gap in financing of approximately $420,000. This gap is largely attributable to the costs of construction,particularly labor,which have skyrocketed over the past few years. The site also has a slope which adds to development costs. CPAH has identified other potential sources to fill the gap, such as charitable foundations. It has also requested the Board of the Town Center Development Agency to consider an investment of Triangle tax increment funds to partially fill the project gap. Demonstrating local investment will improve the project's ability to obtain HOME funds. In order to secure funding, the HOME application must show all of the sources of financing for the project. There is a short timeline for this request- applications are due to Washington County the first week of October. Tigard Triangle Urban Renewal Plan Page 1 of 2 The voter-approved Tigard Triangle Urban Renewal Plan (TTURP) includes goals and objectives that are supportive of investment in housing, including affordable housing. Goal 5 states: "Provide financial and technical assistance to new and existing businesses and housing developments that contribute to the Area's diversity and vitality and hep it transform into a mixed-use and pedestrian-oriented district." Two Plan objectives specifically support urban renewal investment in affordable housing: 53. Support the development of mixed-use buildings that provide a variety of housing types and storefront spaces for a range of community and commercial needs. 5.4.Assist in the development of affordable and workforce housing. The Triangle UR Plan authorizes the Re/Development Assistance and Partnerships project that includes "partnerships that facilitate housing and mixed use developments." The Report Accompanying the Urban Renewal Plan anticipated a Re/Development Assistance and Partnership project in FY 18-19. The maximum indebtedness of the Plan over 35 years is $188 million. The Report Accompanying the Urban Renewal Plan projects the following TIF in the first five years of the district: Fiscal Year Projected TIF FY18-19 $382,689 FY 19-20 $587,044 FY 20-21 $800,595 FY 21-22 $1,023,756 FY 22-23 $1,256,959 Currently the only planned near-term Tigard Triangle Urban Renewal expenditure is to pay for a staff Project Manager for Tigard Triangle projects (approximately $100,000). Recommendation: Staff believes that an investment in CPAH's project is consistent with Triangle Urban Renewal Plan implementation. At their September 13th meeting, the Town Center Advisory Commission supported, in principle, an investment in the project, (no specific amount was recommended because the project financials were not available.) If the Board is supportive of the request, a formal resolution will be considered at the October 3 meeting. The resolution would commit to a contribution in Re/Development Assistance, contingent on CPAH securing other financing and review of their updated financial need. CPAH would include this letter in their application for HOME funds. If the TCDA invests in the project, the Agency can request a preference for categories of affordable housing residents the project would serve - such as seniors or veterans. Page 2 of 2 AGENDA ITEM NO. 2 B - CITIZEN COMMUNICATION DATE: September 26, 2017 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a Cite of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in Cite ofTigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS &PHONE TOPIC STAFF Please Print CONTACTED ;-� Name: .J_M 1 g P Also,please spell your name as it sounds,if it will V wa-help the presiding officer pronounce: 71-r-e Addressg$o lc if City ! ► Ly 4 Vr'C State ( Zip 7 . ct6,571 Phone No. f ? Name: f 1, C,LJ\C&.1;LdRAA( v1 Also,please spell your name as it sounds,if it will help the presiding officer pronounce: pkad- Address t L .-Address 1.� StiL >UlVA ( pç3r 19'e/r . City 1— i State �\ Zip C\ 1''L—1 7Cp sod Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 170905.doc BROADWAYROSE THEATRE COMPANY SUPPLEMENTA PACKET September 26, 2017 FOR 7 (DATE OF MEETING) Tigard City Council or 7/e w 0/1141 r.v//4+ 13125 SW Hall Blvd. Tigard, OR 97223 Dear City Council members, Broadway Rose Theatre Company has been entertaining audiences with professionally produced Broadway musicals, comedies, and revues in Tigard, Oregon since 1992. We are a 501(c)(3) non- profit organization. Our mission is to create unparalleled musical theatre experiences that invigorate audiences and enrich our communities. As Oregon's premier musical theatre and the only professional musical theatre company in Washington County, we are a vital asset to our community's cultural arts. We offer a year-round season that includes six mainstage musicals, two children's musicals and a teen musical. Our partnership with the City of Tigard began 27 years ago. In that time we have expanded our role from strictly an entertainment venue to a"cultural institution" as defined by the City of Tigard. In 2009, we moved into our New Stage location (12850 SW Grant Ave., Tigard) after the successful completion of a$2 million capital campaign and major renovation of a former Tigard/Tualatin School District(TTSD) cafetorium into a state-of-the-art theatre and office space. Since moving into our year-round space, our attendance has more than doubled. Our 2016 attendance topped 46,000. We have plans in place to continue this growth trend and we need to renovate our space to accommodate our role as a leader in cultural arts in Washington County. We have met with an architect to begin preliminary discussions about expanding our current building on Grant Avenue. Those preliminary drawings are attached. The entire project will be funded by our donors and supporters through our fundraising efforts. We would like to request your consideration of a waiver of all system development fees, building permit fees and any other related expenses beginning with the pre-application fee. Please contact me if you need any additional information at this stage. I can be reached at 503-906-2375 or by email at: dan@broadwayrose.org. Thank you so much for your on-going partnership and your consideration of this new phase of growth and development for Broadway Rose. Sincerely, Dan urphy Managing Director P.O. 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Business Meeting Meeting Date: 09/26/2017 Length (in minutes):Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager,Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: •July 11,2017 •July 25,2017 •August 22,2017 •September 5,2017 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments July 11,2017 Meeting Minutes July 25,2017 Meeting Minutes August 22,2017 Meeting Minutes September 5,2017 Meeting Minutes 11111 1111 City of Tigard Tigard City Council Meeting Minutes TIGARD July 11 2017 STUDY SESSION Council Present: Councilor Woodard, Council President Snider, Councilor Anderson, Mayor Cook and Councilor Goodhouse Staff Present: City Manager Wine,Associate Planner Warren, City Engineer Faha, Senior Management Analyst Barrett, Senior Management Analyst Kang, Parks Manager Martin, Community Development Director Asher and City Recorder Krager A. RECEIVE DESIGN UPDATE ON TIGARD STREET HERITAGE TRAIL Associate Planner Warren updated council on the three themes proposed for the Tigard Street Heritage Trail. They are: 1) Trail as Outdoor Museum featuring Tigard's agrarian history;2) Trail as Riverine History with Tigard's geologic history and river geography; and 3) Trail as Timeless Railway that addresses Tigard's past and present as a rail hub. The design team asked community members who came for the first of three "walk and talk" sessions for their input on each. The next session is from 5-7 p.m. on July 27, 2017. Associate Planner Warren said 50 people attended but not all went on the walk. Mayor Cook liked not having to choose between A,B or C and being able to find things to like in each option. Mayor Cook noted that the gaps in the walkway shown in Timeless railway will be hard for strollers to navigate. He also expressed concern about cafe chairs and tables breaking. Mr. Warren said the idea is to have mobile seating so the plaza is functional and flexes with the crowd demand. He noted that the sketches are representational and not exact. Councilor Woodard suggested installing a pipe in the ditch and covering it to gain more surface space along the trail. City Manager Wine said an extensive discussion was held with Clean Water Services and a permit is needed because of the drainage. Engineer Faha said some of the land alongside the trail is in a wetland closer to Grant Street. She said treatment would need to be provided making it not impossible,but a much bigger project. Council President Snider asked where the splash pad was. Associate Planner Warren said the city has a 99-year lease with the railroad and so other agencies would need to approve it and the railroad objected. They are fine with water features,but not a splash pad. Councilor Woodard noted that the space may be too small for that activity anyway. Community Development Director Asher said his department is working on the next downtown public space and it will be more spacious and could accommodate more activities. Council President Snider asked if the railroad would allow misters like those used at the balloon festival or the zoo. B. DISCUSSION OF CHANGES TO PUBLIC WORKS PARKS AND ENGINEERING FEES AND CHARGES TIGARD CITY COUNCIL MINUTES -JULY 11, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 1 of 13 Senior Management Analyst Barrett described some changes to the master fees and charges schedule. A key control system is needed for Fanno Creek House and the Dirksen Nature Park facility. City Manager Wine clarified that these buildings will be rented to the public through the Public Works front counter or online similar to how park shelter rentals are handled. Councilor Woodard asked if Tualatin Riverkeepers pays the city for use of the Dirksen Nature Park facility. Mr. Barrett said the TRK uses the facility for their Tigard supported educational programs and opening the remaining hours to park reservations will better utilize the facility. The rental revenue will more than offset the maintenance costs. C. COUNCIL LIAISON REPORTS Mayor Cook reported on the SW Corridor Steering Committee discussions on paring down light rail station choices. He said the citizen advisory committee has been assembled and 40 percent are Tigard residents. City Manager Wine said Community Development Director Asher will be attending her one on one meeting with councilors to keep them apprised of SW Corridor route/station discussions. Council President Snider reported that the Bond/Levy Task Force is a group of 18 people and excited to get started. They will be meeting the third Thursdays from 6-8 p.m. in Town Hall. A web page has been set up. They will study City Finances 101, City Services 101, and be asked what services they value at their next meeting. Administrative Items: City Manager Wine listed some upcoming travel and training opportunities and asked that council let staff know if they are interested as soon as possible. Council's Summer Outreach could be at the city's Movie in the Park event on August 25 and she asked that council check their calendars. City Manager Wine distributed a copy to each councilor of the Council Travel/Training Policy. City Manager Wine reported that a social service grant application from Fairhaven Recovery Homes was apparently lost after it was turned in at the city. They would like consideration of their request at this time. She said the funds have already been distributed and there are none left over. She said there were two options. One is to locate a source for the additional grant and do a budget supplemental and the other is to deny the request because it was not received on time. Council President Snider recused himself from the discussion due to a conflict of interest. Council discussed the issue and concluded that it was too late to award a social services funding grant this year and they will examine internal processes to help prevent applications getting lost in the future. 1. BUSINESS MEETING A. At 7:39 p.m. Mayor Cook called City Council meeting to order. B. City Recorder Krager called the roll. TIGARD CITY COUNCIL MINUTES -JULY 11, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 2 of 13 Present Absent Councilor Goodhouse V Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson V Mayor Cook V C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items - None. Mayor Cook mentioned that the city attorney has a service dog in training present and while it is difficult not to,people should not engage with the dog. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B. Tigard Chamber of Commerce—CEO Mollahan updated council on Chamber activities. Applications are open for Leadership Tigard 2018 which is a great way to understand the local community and encourages participation on school board and civic committees. She said the Chamber is starting a new program called Leverage and Learn to demonstrate how to make the most of their Chamber membership.The Farm to Table experience is June 21 from 6-9 p.m. at the Fanno Creek House and will feature locally sourced food prepared by DeAngelo's Catering. The new downtown banner system will be dedicated at 10:00 a.m. on July 13. Artistic elements are yet to be placed. Saturday, September 9 is the Downtown Street Fair with a Latino Festival in the evening. C. Citizen Communication—Sign-up Sheet. No one signed up to speak. At 7:44 p.m.Mayor Cook asked Council President Snider to preside and left the meeting briefly. 3. CONSENT AGENDA: A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MEETING MINUTES • May 9,2017 • May 16, 2017 TIGARD CITY COUNCIL MINUTES -JULY 11, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 3 of 13 • June 6, 2017 • June 13, 2017 • June 20,2017 Councilor Woodard moved for adoption of the Consent Agenda as presented. Councilor Anderson seconded the motion. Motion carried unanimously. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ 4. CONSIDER RESOLUTION APPOINTING PARK AND RECREATION BOARD MEMBERS Parks Manager Martin gave the staff report. Members Ben Holmes and Alternate Yamini Naidu were present. Councilor Anderson moved to approve Resolution No. 17-32 and Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 17-32—A RESOLUTION APPOINTING CLAUDIA CIOBANU AND BEN HOLMES AS VOTING MEMBERS AND YAMINI NAIDU AND TRISTAN IRVIN AS ALTERNATE MEMBERS OF THE PARK AND RECREATION ADVISORY BOARD Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (left room briefly) The motion passed by a majority. At 7:46 p.m. Mayor Cook returned to the meeting and presented Ben Holmes and Yamini Naidu with City of Tigard pins. 5. CONSIDER APPROVAL OF RESOLUTION ACCEPTING TRANSFER OF PROPERTY FROM WASHINGTON COUNTY City Engineer Faha presented the staff report for this item. This resolution transfers certain county roads to city jurisdiction allowing Tigard to handle permitting and take care of maintenance. Councilor Woodard asked if Tigard would incur the street maintenance costs and if there was an estimate. City Engineer Faha said the city collects street maintenance fees and gas taxes for the areas TIGARD CITY COUNCIL MINUTES -JULY 11, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 4 of 13 and she did not have a specific estimate for their maintenance. In response to a question about condition of the roads, she replied that 113th Avenue is associated with new development, the Shady Lane segment is the road near the Sky High facility and the Bull Mountain Road segment will receive improvements as part of the River Terrace development. Council President Snider moved to approve Resolution No. 17-33. Councilor Anderson seconded the motion. City Recorder Kruger read the number and title of the resolution. Resolution No. 17-33 —A RESOLUTION INITIATING ACTION TO TRANSFER JURISDICTION OF CERTAIN COUNTY ROADS (SEGMENTS OF SW ROY ROGERS ROAD, SW BULL MOUNTAIN ROAD, SW SHADY LANE AND SW 113TH AVENUE)WITHIN THE CITY OF TIGARD TO THE CITY OF TIGARD Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ 6. LEGISLATIVE PUBLIC HEARING—MIXED USE COMMERCIAL (MUC) MOTOR VEHICLE SALES CODE AMENDMENT A. Open Public Hearing —Mayor Cook B. Hearing Procedures—Mayor Cook announced that anyone may offer testimony. Oral testimony may be offered only by a person who has been asked to speak by the Mayor. C Staff Report—Associate Planner Pagenstecher gave the staff report. He said Macerich, the owner of Washington Square Mall and surrounding properties,is seeking a development code amendment to allow motor vehicle sales and rental in the Mixed-Use Commercial Zone (MUC) as a stand-alone use.The MUC Zone is exclusive to the Washington Square Regional Center. A quasi-judicial notice was published in the Tigard Times and on the City of Tigard website;mailings went to property owners within 500 feet and interested parties. The site was posted and there was a Planning Commission public hearing. No public comments were received. He showed an aerial view of the proposed location of the applicant's car dealership. Two parcels owned by Macerich would be developed should an application be submitted. The applicant proposed that only this site be subject to the development code amendment but staff had a slightly different take on it. The current code allows motor vehicle sales as an accessory to a permitted use as long as this use is contained TIGARD CITY COUNCIL MINUTES -JULY 11, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 5 of 13 within the same building and does not exceed the floor area of the permitted use. The current code limits visibility of motor vehicle sales and its relative size. This would be consistent with the high density zoning of the Washington Square Regional Center. The applicant proposed a site that was northwest of the corner but not defining the extent of it and the outdoor sales inventory would be screened "predominantly from view" as opposed to staff recommendation which was screened"completely" from view. Mr. Pagenstecher showed a slide of the current zoning of the Washington Square Regional Center and a sub-area showing the extent of Macerich-owned land within the MUC zone. He said staff's alternative is to implement the development code amendment allowing this use as a stand-alone use through a sub-district construction,which is used elsewhere in the code (Downtown Plan District and Durham Advanced Wastewater Facility Plan District). Placing all the mall property within a sub-district would anticipate future redevelopment of the mall property, acknowledge the mall's particular circumstances including private access ways, expansive parking lots and the mall building itself. It would provide more code flexibility and clarity for users of the code and furthers the department's goal of reducing regulations done through footnote, and would be easier to implement. Staff finds that the code amendment can be approved, consistent with the applicable development code provisions and comprehensive plan policies and recommends the sub-district approach to accommodate a motor vehicle sales and rental as a stand- alone use in the MUC zone. Associate Planner Pagenstecher said the Planning Commission recommended by a vote of 7-1 a stand-alone sub-district approach. The Planning Commission made an amendment to clarify that the required screening applies to outdoor vehicle sales and rental inventory. Still lingering is the question about screening surface inventory. The Planning Commission anticipated the applicant would be prepared at this hearing to address that issue in detail. He noted that this discussion has been an ongoing, cooperative effort and their presentation tonight addresses the screening issue. Councilor Woodard asked about the area zoned R 4.5 near the site and Mayor Cook noted that was the Crescent Grove Cemetery. Councilor Woodard asked if the screening would be trees or cyclone fencing and Mr. Pagenstecher said cyclone fencing is not favored by Community Development Director Asher and staff said it must be screened from view but not be a solid wall. The applicant presentation will show their solution to this requirement. Mayor Cook added that he read in the Planning Commission minutes that a big solid wall was not desirable either. Councilor Goodhouse asked if there wasn't already a car rental place near the Sears tire site; and Tesla is inside the Washington Square Mall. Associate Planner Pagenstecher said the Macerich Company has allowed Tesla as a restricted use TIGARD CITY COUNCIL MINUTES -JULY 11, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 6 of 13 because it is all interior. The Sears car rental site is a pre-existing use and is allowed to continue. Councilor Goodhouse said this is a legislative public hearing but the Planning Commission was quasi-judicial and asked why there is a difference. Mr. Pagenstecher said this is a legislative review for council but staff took caution in their legislative review where there is a specific property at issue or a private party proposing a development code amendment. In those cases staff takes the greater review process of the quasi-judicial. Councilor Anderson asked if the sub-district is the entire mall area or just the two lots. Mr. Pagenstecher said the sub-district is all of the Macerich property which includes the mall,Mall Too and the fringe properties to the south. D. Applicant Testimony— Jacob Knudson from Gilbert, Arizona said Macerich is a long-term landowner of retail assets across the country. Washington Square is among the top five assets in their portfolio, making over $1,000 per square foot. He told council that the best decisions are made for ten, twenty years and beyond. He said this site that has struggled since the old TGIF restaurant closed in 2008 and the cinema was demolished in 2010. Since then Macerich has done its due diligence with restaurants, movie theaters, entertainment uses and grocers interested in the site but then identifying the proximity to the mall and topography as reasons not to move forward. This area was identified for relocation of an existing Portland business. He said Jaguar Land Rover is a complimentary customer and he believes they will attract customers from the Portland market. He referred to a question that came up in the Planning Commission meeting about how can the city be sure if this is approved, that we won't just change to a Kia dealership at the site. He said Macerich is here for the long haul and will not switch this to a used car lot. He added that they have been working with staff and when they return for design review, staff will be expecting to see the luxury as promised. Councilor Anderson asked if Jaguar currently has a lease. Mr. Knudson said they have a letter of intent and this is a lease they intend to move forward with. Dan Muggli, General Manager of Jaguar Land Rover Portland,which is a Don Rasmussen Company in Portland thanked council for the opportunity to present. He said they are interested in joining the Tigard community and what they propose is a Jaguar Land Rover Center at the corner of Greenburg Road and Highway 217. The facility would be one of the first in the country. It will provide an experience featuring these two premier brands in the only facility of its kind in Oregon and Southwest Washington. Jaguar and Land Rover are the two hottest brands in the car industry. Mr. Muggli presented a PowerPoint featuring their new electric vehicle. He said the Don Rasmussen Company was founded in 1950 and is a model of ethical business practices. They contribute greatly to the community including donating to battered women and children's shelters and a conservation fund to help offset CO2 produced by vehicles they sell. TIGARD CITY COUNCIL MINUTES -JULY 11, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 7 of 13 Mr. Muggli said, "Why Tigard?" As their market developed their area center is not downtown Portland;it is in this quadrant. The site in Tigard is in the heart of their market area. They offer 60+ well-paying jobs and the average Jaguar Land Rover employee is paid nearly$90,000 annually. They will bring their high demographic consumers to Washington Square in Tigard. They have connections to the high tech community because they located their advance technology center in Portland. Mr. Muggli said this will be a world-class luxury retail facility. Curt Trolan,Mildren Design Group, 7650 SW Beveland, Suite 120,Tigard, OR 97223, thanked staff for the countless hours and help given to their design team. This facility will be a regional dealership and the next closest facilities are in Tacoma and Sacramento. The chosen site was underperforming and has a number of issues including one access point, one public street frontage and a 15-foot drop from one end to the other. The southwest corner is ten feet below the adjacent sidewalk. Two sets of design criteria needed to be addressed -Tigard's Community Development Code and the Jaguar Identity Manual. He said the details, colors,lighting, distances around vehicles, and landscaping materials are addressed in the preliminary site plan. The service area is south of the Bank of America building. It will occupy 50 percent of frontage with a pavilion along Greenburg Road to create a conspicuous face of the building. Windows provide an eye on the street increasing safety. Renderings show the focus is on an entry drive that leads to the front door. The service area is on the right with screened roof deck parking. Heavy landscaping borders the area south of the pavilion along the corner of Highway 217 and Greenburg Road, providing effective screening for vehicles on Greenburg Road while still providing a pedestrian experience. Council President Snider asked if the elevation as shown was correct for the view from Highway 217. He asked if the vehicles stored outside would be screened from view. Mr. Trolan said dense landscaping screens site inventory from 217. The screening design is unique and prevents view of outdoor display from Greenburg Road. Coniferous trees will screen the outdoor parking lot with angular planes to mask the view from drivers on Greenburg Road east of the pavilion. He added that the applicant supports the Planning Commission's amended text language and they thank Associate Planner Pagenstecher for his efforts on this. Council President Snider commented that rarely does the council see an applicant come in with their own set of standards. He asked which was more difficult to follow, the city's standards or the Jaguar Identity Manual. Mr. Trolan said both have been challenging. Council President Snider commented that the design looks beautiful. E. Public Testimony in Favor- No one signed up to testify. F. Public Testimony in Opposition-No one signed up to testify. TIGARD CITY COUNCIL MINUTES -JULY 11, 2017 City of Tigard I13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 8 of 13 G. Response to Applicant's testimony-Associate Planner Pagenstecher said there were many opportunities for staff to move forward to honor the city's zoning standards and protect the aesthetic quality of the area yet still allow this use. He complimented the design team for using their imagination to resolve issues. There may be a challenge to screening on the ramp to Highway 217 but the screen could be successful over time if there is room to make it deep enough. He said council has options, such as the Subaru dealership in Wilsonville which is all indoors, outdoors with screening, or outdoors with a less burdensome screening requirement. Mayor Cook said he liked the pavilion building and noted that Tigard has been working on making a walkable community. He said just building a trail does not necessarily mean someone will want to walk on it. It is the experience they have while on the trail. Interaction makes the walking experience a lot better and this design of having cars in the window does exactly what the city is trying to do. He likes the car in the window idea that is visible from Highway 217. He asked how to write into the code that vegetation must be kept alive. Associate Planner Pagenstecher said one way would be for council to be descriptive about the screening, such as "visual block with vegetation", or a "combination of screen with fence and vegetation." Mayor Cook said he preferred to require both. He said looking down from Lincoln Center will not offer a screened view but the walking and driving experience should. Councilor Anderson commented that the screening solution is very creative. He inquired about the screen situation for the Thirsty Lion and noted that cars in their parking lot can be seen. Associate Planner Pagenstecher agreed and said it did not seem fair to the applicant. Council President Snider said it would be the same situation with the upper lot in Washington Square. Mr. Pagenstecher said it is a code compliance issue. Councilor Woodard said it reminds him of form-based code for the Tigard Triangle. He said he enjoys looking at things when he walks but prefers a certain amount of screening. He asked if form-based code could be added to heighten the pedestrian experience and Associate Planner Pagenstecher said there are upcoming code changes addressing form-based code. Councilor Goodhouse said it seemed like over-restrictive screening. He likes the idea of mixing screening with vegetation and the open wall concept along Highway 217. Mayor Cook said Greenburg Road is a public road and Washington Square Road is a private road. He said it was unrelated to this hearing but he gets many calls every holiday season because of traffic issues around Washington Square. He asked if there was a way to have a 45-day window during the holidays to change the signal for no right turns so queues do not build up. TIGARD CITY COUNCIL MINUTES -JULY 11, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 9 of 13 Councilor Goodhouse asked if this code amendment will allow opening up of the site to future dealerships. Council President Snider said it would be allowed in the entire proposed sub-district. Associate Planner Pagenstecher said surface inventory would not be noticeable because of the screening standards for any future motor vehicle sales. Council President Snider asked if mitigation was required for a private road such as Washington Square Road and Mr. Pagenstecher said the city does not presume that is a requirement. He said the applicant showed a section view but they are not going to be required to screen to the same extent on Washington Square Road as they are on Greenberg Road. The louvers are oriented towards Greenburg but the louvers connect to the view from the Thirsty Lion parking lot. H. Applicant Rebuttal—Mr. Muggli said what was presented was as discussed. Mayor Cook closed the public hearing. J. Council Discussion and Consideration: Ordinance No. 17-16 Councilor Woodard said he was glad to see this come into Tigard and will enjoy walking by and looking at the business. Mayor Cook commented that he likes what Jaguar Land Rover brings to the table yet can appreciate the Planning Commissioner who voted against it asking, "What if it changes to a Kia dealer?" He asked, "What if looking ten, fifteen, twenty years down the road, three or four other car dealerships want to come in?" He agrees with the sub-district structure. Councilor Goodhouse said it could be reconfigured on the perimeters so there are only car lots. Associate Planner Pagenstecher said the mall is a different property with large parking lots, making it different from other properties in the Washington Square Regional Plan District. Councilor Woodard said he has lived in Tigard for many years and has seen Washington Square change a lot. He said it has gotten better and mall management is doing a good job. He said Macerich will be here a long time. He suggested taking some of the pedestrian experience tips and putting them into place in other plan districts to enhance their areas but on the other hand does not want to micromanage businesses. Councilor Goodhouse said he would rather start small and expand. Council President Snider said it is an overreach to think of what might happen in 30 years. He said he is comfortable with what was presented and moved to approve TIGARD CITY COUNCIL MINUTES -JULY 11, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 10 of 13 Ordinance No. 17-16. Councilor Woodard agreed and seconded the motion. He added that the mall has changed a lot and he has not been disappointed. Councilor Goodhouse suggested an amendment to apply the code amendment to just the single properties instead of the entire sub-district but after discussion withdrew his amendment. City Recorder Krager read the number and title of the ordinance. Ordinance No. 17-16—AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE SECTION 18.520.030, 18.630.015,AND 18.630.A,TO PERMIT MOTOR VEHICLE SALES/RENTAL IN THE MALL SUBDISTRICT OF THE MUC ZONE AS A STAND-ALONE USE PROVIDED OUTDOOR INVENTORY IS SCREENED FROM VIEW (DCA2017-00001) Mayor Cook suggested clarifying what"screened from view"prior to a council vote on the ordinance. Associate Planner Pagenstecher suggested an Exhibit A language addition "...from adjacent public roadways by a mix of opaque screens and evergreen landscaping." City Attorney Rihala suggested doing this as an amendment. She responded to a question from Associate Planner Pagenstecher about the reading of the ordinance title and clarified that the title of the ordinance was correct and will not be amended; the text in Exhibit A is what will be amended. Councilor Goodhouse referred to the vegetation screen at Thirsty Lion and asked what happens if plantings are required but then die. Mayor Cook asked staff for clarification on the type of screening and whether it would be a wall,vegetation, or both. He said what staff read could be construed that there could either be a shrub or a fence and not necessarily both. He suggested adding the word, "both." Assistant Community Development Director McGuire referred to earlier questions about the Thirsty Lion restaurant next to the site and said screening their parking lot from view was a requirement. He said the city's code enforcement would compel some action on the lack of screening but it is complaint driven and an official complaint has not been received. If one is received Macerich would be required to replace all the landscaping per the development code. Mayor Cook asked for a motion on the amendment. Councilor Goodhouse moved to amend the motion by adding wording to Exhibit A by adding, "both opaque screens and evergreen landscaping." Councilor Anderson seconded the motion. The Mayor conducted a vote on the amended motion and it passed unanimously by those present. TIGARD CITY COUNCIL MINUTES -JULY 11, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 11 of 13 Yes No Councilor Goodhouse ✓ Council President Snider (left the room) Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Council President Snider returned to the room. City Recorder Krager conducted a roll call vote on Ordinance No. 17-16,with amendment to Exhibit A. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Mayor Cook announced that Ordinance No. 17-16 was adopted unanimously. 7. NON AGENDA ITEMS - Mayor Cook announced that Tigard received notification that Abigail Rader's "If I Were Mayor" contest entry placed third in the state for middle school entries. This is the highest level in the statewide contest that an entry from Tigard has achieved. 8. EXECUTIVE SESSION None. 9. ADJOURNMENT At 9:03 p.m. Council President Snider made a motion for adjournment and Councilor Goodhouse seconded. The motion passed unanimously. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ TIGARD CITY COUNCIL MINUTES -JULY 11, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 12 of 13 Carol A. Kragen, City Recorder Attest: John L. Cook, Mayor TIGARD CITY COUNCIL MINUTES —JULY 11, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 13 of 13 1111 . a City of Tigard Tigard City Council Meeting Minutes TIGARD July 25, 2017 El El STUDY SESSION Council Present: Councilor Anderson, Councilor Woodard,Councilor Goodhouse and Mayor Cook Council Absent: Council President Snider Staff Present: City Manager Wine,Assistant City Manager Zimmerman,City Engineer Faha, Engineering Project Manager Peck, Senior Management Analyst Barrett and City Recorder Krager A. RECEIVE UPDATE ON CAPITAL IMPROVEMENT PROGRAM (CIP) IMPLEMENTATION City Engineer Faha presented a PowerPoint for her quarterly CIP program report listing the project status (on target,minor issues or major issues) for each CIP project in Parks,Streets,Water,Sanitary Sewer,Stormwater and Facilities categories.A copy of the revised PowerPoint has been added to the packet for this meeting. Council asked about the East Tigard Sewer Replacement project which will move a sewer line currently running through a creek. Ms. Faha said the bids were high but Clean Water Services is giving the city$370,000 to help fund the overage. Councilor Goodhouse asked what the remainder is and Ms. Faha said$80,000 which can be covered by contingency. She said staff prefers not to rebid because the federal environmental permit is about to expire and Trammel Crow is expecting to have sewer service soon. The pipe is undersized, not in good shape and inside a creek. City Engineer Faha said she has the draft Storm Water Master Plan in hand and will be at a table during the Family Fest on September 9 talking with citizens about it. She said she has some videos of what staff refers to as "grand canyons of Tigard" and offered a tour of these sites to council. Councilor Goodhouse said he was interested. Ms. Faha said the Saxony property demolition contract is out to bid. B. COUNCIL LIAISON REPORTS-None. ADMINISTRATIVE I1'J MS City Manager Wine asked council to check their calendars and let Executive Assistant Bengtson know as soon as possible so travel arrangements can be made and quorum questions for future meetings can be answered. She distributed a list of neighborhoods participating in the National Night Out on August 1 and reminded everyone that the council meeting for that night is cancelled. The August 15 Workshop TIGARD CITY COUNCIL MINUTES—JULY 25, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov Page 1 of 8 meeting is also cancelled. The August 28 Council Outreach is scheduled for 7 p.m. at Metzger School Park. Councilor Goodhouse suggested that the Tigard Youth Advisory Council might want to hold a fundraiser at the event. 1. BUSINESS MEETING A. At 7:33 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 Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ C. Mayor Cook 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. No one signed up to speak. 3. CONSENT AGENDA: None. 4. CONSIDER RESOLUTION TO AMEND MASTER FEES AND CHARGES FOR PUBLIC WORKS PARKS AND ENGINNERING Senior Management Analyst Barrett gave the staff report and said a few citywide fees and charges have changed since the budget was adopted and the Master Fees and Charges Schedule needs to be revised. Some changes are due to built-in multipliers and some were pushed down to the city from other agencies. The Public Works Department has some changes for community garden plot fees,parks reservations for Fanno Creek House and the building at Dirksen Nature Park and some development engineering fees.There is also some clean-up of library fees related to Washington County Consolidated Library Services (WCCLS). Council discussed these fee changes in their July 11,2017 study session. He said staff recommends approval. TIGARD CITY COUNCIL MINUTES -JULY 25, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 2 of 8 Councilor Woodard moved for approval of Resolution No. 17-34. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 17-34—A RESOLUTION AMENDING THE CITYWIDE MAS 1'ER FEES AND CHARGES SCHEDULE WHICH WAS ADOP 1'ED UNDER RESOLUTION NO. 17-27 Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (absent) Councilor Woodard ✓ Mayor Cook conducted a vote and the motion passed unanimously. 5. LOCAL CONTRACT REVIEW BOARD: CONSIDERATION OF CONTRACT AWARD FOR EAST TIGARD SEWER CONSTRUCTION City Engineer Faha,Engineering Project Manager Peck and Senior Management Analyst Barrett presented the staff report for this agenda item. Senior Management Analyst Barrett said an invitation to bid was published in late May. The engineer's estimate was $1.1 million dollars for this project. Two bids were received.The Braun Construction bid at$1.5 million was the lower of the two. Mayor Cook said engineer's estimates are based on the best knowledge of the project at the time and asked what staff knows about the project now that was not known when they estimated it would cost 35-40 percent less. Mr.Barrett said Portland and the entire Northwest construction market is hot right now and staff is seeing more bids coming in over the estimates. He said the city is not just competing with other cities and counties but also with the private sector. Engineering Project Manager Peck said around$320,000 of the overage is in the cost for pipe,which basically doubled from the city's estimate. There is also$40,000 in the bid for removal of potentially contaminated soil. Councilor Woodard commented that there was no guarantee that a rebid would produce a lower bid.Mr. Peck said $400,000 over the estimate is a large amount but the city has a good partnership with Clean Water Services and has asked them to help backfill the project in the amount of$370,000.This will be considered by their board on August 1. He added that the federal environmental permit to work within Red Rock Creek expires in 2018. In response to a question from Councilor Woodard about what was involved in a delay,he said that there are well over 100 days in the permitting process. He said it is important to get this done because the Wall Street developers need the 8-inch sewer main. Councilor Goodhouse moved for approval of the East Tigard Sewer Construction contract as presented. Councilor Anderson seconded the motion and Mayor Cook conducted a vote. The motion passed unanimously. TIGARD CITY COUNCIL MINUTES-JULY 25, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov Page 3 of 8 Yes No Councilor Anderson V Mayor Cook V Councilor Goodhouse V Council President Snider (absent) Councilor Woodard ✓ Mayor Cook commented that the city is only allowed to do this work in the summer and the line is in a creek so the project must get moving to avoid fines. He asked City Engineer Faha about procurement strategies. Ms.Faha said there are no signs that construction is slowing down. She acknowledged that bidding this project earlier may have led to a lower bid. She gave an example of a sidewalk project that came in high and will be rebid with a longer duration to do the work. This makes it more likely to receive better prices. She said staff will do this project by project,looking for ways to delay or better evaluate what the bid prices might be when budgeting. She noted that contractors are busy and experiencing a difficult time finding staff and supplies. 6. QUASI-JUDICIAL PUBLIC HEARING—ZONE 2 ISLAND ANNEXATION (ZCA2017- 00007) A. Mayor Cook opened the public hearing. B. City Attorney Rihala read the hearing procedures. C. Mayor Cook asked Council if any member had a conflict of interest or ex parte contact. There were no site visits other than driving by the property. D. Mayor Cook asked if anyone in the audience challenged the participation of a Council member. There were no challenges. E Staff Report—Assistant Planner Smith gave the staff report. She said the proposal is to annex one parcel of unincorporated land located on the south side of SW Summit Ridge Street. The property is 1.13 acres in size and has one tax lot on it. Under Washington County zoning it is R-6 and upon annexation will be converted to Tigard zone R-7,or medium density residential. The property was originally proposed as part of the Summit Ridge No. 5 annexation in 2015. The owners instead chose to exclude this property from the annexation request and signed an annexation contract that would allow the city to annex the property within four years of the contract date of March 10, 2015. In May 2017 the city submitted an application to annex this property along with nine other properties.The owners requested a continuance in order to evaluate their options and this annexation has returned for council consideration.The proposed annexation meets the requirements of the Tigard Development Code,Tigard Comprehensive Plan,Metro Code and state statutes. Staff recommends council approve the proposed Zone 2 Island Annexation by adopting the ordinance. TIGARD CITY COUNCIL MINUTES -JULY 25, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 4 of 8 F. Applicant-Assistant City Manager Zimmerman said this matter is a continuance as the property owner asked for additional time last month. Council approved the continuance on the recommendation of his predecessor,Liz Newton.At this time the property owner is ready to move forward with the island annexation and he recommends approval. G. Public Testimony: No one signed up to speak. H. Response to testimony by staff-None;there was no public testimony. I. Applicant rebuttal to testimony—None;there was no public testimony. J. Mayor Cook closed the public hearing. K. Council Discussion and Consideration: Ordinance No. 17-17 Councilor Woodard verified with staff that the contract was signed March 10, 2015 so on that date in 2019 the property will be annexed. Assistant Planner Smith said that was correct. Mayor Cook remembered that there was a clause that said it would be annexed immediately if sold. He asked if this is sold tomorrow,would there be a wait until the contract ends or would it be annexed immediately. Assistant City Manager Zimmerman responded that the by corning in through this process the city takes care of the annexation and the costs that go along with it. In the existing contract that property owner would need to pay the associated costs on the fourth anniversary.The island annexation process offered all ten island property owners a chance to annex without those costs. If council approves this,the associated costs would go away. However,if the property is sold it does not say they would be immediately annexed.There is still a minimum of three years which is in the ORS statute. Assistant Planner Smith noted that the contract with the property owners says the annexation shall be complete on the fourth anniversary on the date of the contract or upon written request of the property owners. She noted that the next door neighbors, the Zieders, had a similar contract and their annexation fee was not waived when they opted to come into the city earlier than 2019. Councilor Goodhouse moved to approve Ordinance No. 17-17. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 17-17—AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING 1.13 ACRES,APPROVING THE ZONE 2 ISLAND ANNEXATION (ZCA2017-00007),AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT,WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAIN PENANCE DISTRICT TIGARD CITY COUNCIL MINUTES—JULY 25, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 ( www.tigard-or.gov Page 5 of 8 City Recorder Krager conducted a roll call vote. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (absent) Councilor Woodard ✓ Mayor Cook announced that Ordinance No 17-17 passed unanimously. 7. CONSIDER RESOLUTION FOR A LOT LINE ADJUSTMENT FEE WAIVER Confidential Executive Assistant Lutz gave the staff report for this item. She said in the island annexation hearing on June 27,2017 the owner of the property in Zone 6.b requested a lot line adjustment fee waiver of$739 in preparation for developing his property.The owner will be responsible for all future development fees. Mayor Cook noted that this was one of the items,such as fences or lot line adjustments,negotiated by staff that was not included in the annexation ordinances. Council agreed in May to bring them back for consideration. Councilor Woodard moved to approve Resolution No. 17-35. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 17-35—A RESOLUTION WAIVING$739 IN LAND USE LOT LINE COMMUNITY DEVELOPMENT FEES FOR PROPERTY OWNER MICHAEL HOHNBAUM Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (absent) Councilor Woodard ✓ 8. CONSIDER RESOLUTION INITIATING STREET VACATION PROCEEDINGS ON 74Th AVENUE Public Works Director Rager gave the staff report for this agenda item and requested that council initiate vacation proceedings on an approximately 2,502 square-foot portion of SW 74th Avenue. He said this is the first step and council will set a public hearing date of August 22,2017. This will be advertised and adjacent property owners and utilities will be notified of that public hearing. He TIGARD CITY COUNCIL MINUTES—JULY 25, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov Page 6 of 8 noted that the land was dedicated years ago when standards were different and is more than the city needs.He said city staff agree with this request and recommend council approval of the resolution. Councilor Woodard noted that the city has a lot of north-south circulation but needs more east-west circulation. He asked if this would allow the developer to run circulation east to west. Mayor Cook replied that there improvements there already that have passed development review and are being built and the site is bounded by Fanno Creek and the railroad tracks. Councilor Woodard asked if the transportation system plan currently reflects the right of way and would it show this change. Mr. Rager said he was not sure but confirmed that what is being vacated is not a street but a strip of street. Councilor Goodhouse moved to approve Resolution No. 17-36. Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 17-36 — A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACATE,A PORTION OF PUBLIC RIGHT OF WAY ON 74TH AVENUE Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (absent) Councilor Woodard ✓ Mayor Cook announced that Resolution 17-36 passed unanimously. 9. CONSIDER UPDA 1'ED EMERGENCY MANAGEMENT COOPERATIVE INTERGOVERNMENTAL AGREEMENT Public Works Director Rager gave the staff report for this item.The city has participated on the Emergency Management Cooperative (EMC) for many years and he serves on the board.Tigard's Emergency Manager Mike Lueck participates on a team of emergency managers. There have been changes in how the director reports and to how the board operates and the IGA needs to be updated to reflect this. Mr.Rager said it benefits all members of the EMC to work together to enhance emergency preparedness and develop and maintain a multi-agency coordination system. Councilor Woodard moved to authorize signing this agreement and Councilor Anderson seconded the motion. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (absent) Councilor Woodard ✓ TIGARD CITY COUNCIL MINUTES-JULY 25, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 7 of 8 Mayor Cook announced that the motion passed unanimously. 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION None. 12. ADJOURNMENT At 8:15 p.m. Councilor Anderson moved for adjournment. Councilor Goodhouse seconded the motion and Mayor Cook conducted a vote. The motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (absent) Councilor Woodard ✓ Carol A. Krager, City Recorder Attest: John L. Cook,Mayor TIGARD CITY COUNCIL MINUTES -JULY 25, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 8 of 8 1,1,1 City ofTigard Tigard City Council Meeting Minutes TIGARD August 22, 2017 STUDY SESSION A. BRIEFING FROM METRO ON COMMERCIAL FOOD SCRAPS POLICY Metro Senior Public Affairs Coordinator Ken Ray gave a presentation. He provided council with background on when the regional food scrap program started. He discussed the mandatory policy, content and what the policy will do. He talked about requirements for a local processing center for converting food scraps, gave examples of small businesses vs large businesses and who will be required to participate in the program, explained local governments' involvement in enforcement, policy implementation phases, exemptions and waivers for participation and policy process timeline. Council asked questions about rate setting, franchisee and hauler discussions,processing center locations,the difference between"front of the house" waste vs "back of the house" waste, what phase Metro would bring schools into the program, process for moving forward and policy decisions. B. COUNCIL LIAISON REPORTS Councilor Anderson discussed the recent Planning Commission public hearing on the Fields Property Planned Development. He said several citizens came to the meeting to talk about their concerns with the development, especially related to parking. He said it was a good discussion and the Planning Commission approved the development with modifications. Councilor Woodard talked about his attendance at the recent Washington County Regional Transportation meeting and gave an overview of some of the key topics discussed at the meeting. Council President Snider updated council on a recent meeting he and Mayor Cook had with a local community group. He said they discussed the group's desire to include more language in council's recent Unity Statement. 1. BUSINESS MEETING A. At 7:35 p.m. Council President Snider called the meeting to order. TIGARD CITY COUNCIL MEETING MINUTES—August 22, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 6 B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Council President Snider Councilor Woodard Councilor Anderson Mayor Cook Councilor Goodhouse C. Council President Snider asked those attending to stand with him for 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 Assistant City Manager Zimmerman said staff connected with Mr. Robins regarding the apartment complex issue and that he has been put in contact with Washington County and some non-profit agencies who can assist him with relocation. Mr. Robins is still looking and staff will continue to follow-up with him. B. Citizen Communication—Sign-up Sheet. Amy Chamberlin, 11825 SW Summer Crest Drive,Tigard, OR 97223, talked about her disappointment with the quality of the asphalt rubber chip seal that was applied to the streets in her neighborhood. She submitted 56 signatures from other residents in the neighborhood who are also disappointed in the quality of product used and said she would like the city to respond to their concerns. Carmon Cordova, 11905 SW Summer Crest Drive,Tigard, OR 97223, said she agreed with Ms. Chamberlain's comments and said she has seen fewer people walking and biking in the neighborhood since the application because of the rough pavement. Ms. Cordova said she sent an email to council that included several questions about the product used and asked about criteria in selecting locations to apply the asphalt rubber chip seal. She looks forward to seeing how the city intends to fix the situation. Assistant City Manager Zimmerman explained what the next steps in the process would be and said that the material has become smoother since the initial application. He said that while this is not a new material,it is a new material for the City of Tigard and they are using it to fix the many streets that are in need. Mr. Zimmerman talked about the cost difference between the asphalt chip seal vs the slurry seal. He explained the city is testing this material in an effort to see if this will help with the backlog of residential streets that are in need of repair. Staff will be keeping an eye on the material to see how it reacts and will be staying in touch with residents. Mr. Zimmerman TIGARD CITY COUNCIL MEETING MINUTES —August 22, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 6 said he will follow-up with citizens when they know what the appropriate timeframe is for the material to smooth out and that Street and Transportation Senior Project Engineer McCarthy will hold a meeting in the neighborhood. 3. CONSENT AGENDA: (Tigard City Council) A. CONSIDER APPOINTMENT OF SCHUYLER WARREN AS THE CDBG POLICY ADVISORY BOARD STAFF ALTERNATE FOR TIGARD B. PROCLAIM CONSTITUTION WEEK FOR SEPTEMBER 17-23, 2017 Council President Snider called for a motion to adopt the consent agenda. Councilor Anderson moved to approve the consent agenda and Councilor Woodard seconded the motion. The motion passed unanimously. Name Yes No Council President Snider Councilor Woodard Councilor Anderson Mayor Cook (Absent) Councilor Goodhouse Council President Snider announced the consent agenda passed unanimously. 4. SYSTEM DEVELOPMENT CHARGES PROJECT UPDATE Associate Planner Shanks and Community Development Director Asher presented this item. Ms. Shanks provided council with an overview of the city's System Development Charges (SDC), discussed the proposed changes to the Tigard Municipal Code, Chapter 3.24 and SDC program, development issues related to the River Terrace development and the recently adopted amendments that addressed these issues. She explained the proposed four amendments that would result in policy change: • Provide credits that further the city's goal for walkability and connectivity. • Allow SDC credits for park projects. • Allow deferral of SDC and Park SDC's for multi-family developments when occupancy occurs vs when application is approved. • Allow exemptions of SDC payment for affordable housing units in an effort to encourage affordable housing in the city Ms. Shanks suggested taking existing project lists and creating stand-alone projects and said staff is working with the city attorney on how to manage them. She explained that none of these proposed actions would result in modifications to the adopted SDC Methodology or SDC amounts. TIGARD CITY COUNCIL MEETING MINUTES —August 22, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 6 Councilor Woodard asked what the definition of strict statutory regulation is. Ms. Shanks explained that it is complex, but it has three components to it. She said it is important to call it out because SDC's are regulated at the state level and the city has to comply with state statute. She said the city can be more generous than the state statute but the city cannot be stricter than the state statute. Councilor Woodard asked if the county and city are at odds with the credit policy. Ms. Shanks replied they are not at odds, but they are still trying to figure out the interplay between Washington County's Transportation Development Tax (TDT) and the city's Transportation System Development Charges (TSDC),because the County's TDT has their own set of rules. Community Development Director Asher talked about the affordable housing waiver proposal. Mr. Asher provided background on affordable housing and explained what the City is doing and what that looks like. He said there is no affordable housing currently being built in Tigard, and one way to fill the gaps for affordable housing is through SDC credits. Councilor Goodhouse asked what happens if the status changes on affordable housing down the road. Mr.Asher said they would have to repay the SDC fees. Councilor Goodhouse asked how development gains more middle ground with affordable housing so that more people can afford starter homes. Mr. Asher said they have assigned staff to put together policy and procedures on affordable housing, and that there are things they can do to incentivize units for first time homeowners. He said the City of Portland and Eugene exempt SDC fees for first time buyers. Councilor Woodard asked if staff is looking to create affordable pro forma to make up the 3 percent gap. Mr.Asher said Metro is looking at doing something to raise public dollars to distribute to jurisdictions for affordable projects. He said the county already has programs, such as the voucher program and that they administer tax credits from the state. It is very limited and the tax credit program is under-prescribed all the time because 4 percent tax credit are not enough to close the deal. Councilor Anderson said he is in favor of waiving SDC fees for affordable housing and supports the suggested policy changes. Council agreed. 5. INFORMATIONAL PUBLIC HEARING: CONSIDER VACATION OF 74TH AVENUE RIGHT OF WAY,VAC2017-00001 Assistant City Engineer McMillan presented this item, provided background on the vacation, and said there is no negative impact to the city. Councilor Goodhouse moved for adoption of Ordinance No. 17-20 and Councilor Anderson seconded the motion. Deputy City Recorder Burgoyne read the number and title of the Ordinance. TIGARD CITY COUNCIL MEETING MINUTES —August 22, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 6 ORDINANCE NO. 17-20—AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 2502 SQUARE FOOT PORTION OF PUBLIC RIGHT OF WAY BETTER KNOWN AS SW 74TH AVENUE (VAC2017-00001) ALONG THE FRONTAGE OF INTERSTATE ROOFING,LOT 16 OF THE FANNO CREEK TRACTS IN THE CITY OF TIGARD Deputy City Recorder Burgoyne conducted a roll call vote. Name Yes No Council President Snider Councilor Woodard Councilor Anderson Mayor Cook (Absent) Councilor Goodhouse Council President Snider announced that Ordinance No. 17-20 passed unanimously. 6. LOCAL CONTRACT REVIEW BOARD: CONSIDERATION OF CONTRACT AWARD FOR MAIN STREET AT FANNO CREEK PROPERTIES DEMOLITION Senior Project Engineer Newbury and Senior Management Analyst Barrett presented this item and explained the contract. Councilor Anderson asked what would happen if they found issues down the road. Mr. Newbury said they would know more once the slab is removed and more testing is done. Council President Snider asked if there are any budgetary issues. Staff replied there are none. Councilor Woodard moved to approve the contract award for Main Street at Fanno Creek Properties Demolition and Councilor Goodhouse seconded the motion. Motion passed by a unanimous vote. Name Yes No Council President Snider Councilor Woodard Councilor Anderson Mayor Cook (Absent) Councilor Goodhouse 7. NON AGENDA ITEMS—There was none. 8. EXECUTIVE SESSION—There was none. TIGARD CITY COUNCIL MEETING MINUTES — August 22, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 6 9. ADJOURNMENT At 8:31 p.m. Councilor Anderson motioned to adjourn the meeting and Councilor Goodhouse seconded the motion. Motion passed by a unanimous vote. Name Yes No Council President Snider Councilor Woodard Councilor Anderson Mayor Cook (Absent) Councilor Goodhouse 11 Kelly Burgoyne, Deputy City Recorder Attest: Jason Snider, Council President Date: TIGARD CITY COUNCIL MEETING MINUTES —August 22, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 6 City ofTigard Tigard City Council Meeting Minutes TIGARD September 5, 2017 I 1. BUSINESS MEETING 6:30 p.m. A. At 6:33 p.m. Mayor Cook called the meeting to order. B. Deputy City Recorder Burgoyne called roll. Name Present Absent Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—There was none. 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication—There was none. B. Citizen Communication—Sign-up Sheet. Amy Chamberlain, 11825 SW Summer Crest Drive,Tigard, OR 97223, talked about her testimony at the last council meeting and her frustration regarding the asphalt chip seal that was applied to the road in her neighborhood. Ms. Chamberlain asked council what criteria was used in selecting the material, the city's contingency plan if the material failed, and how streets were chosen for the application. Ms. Chamberlain submitted photos of the work done. 3. CONSENT AGENDA: (Tigard City Council) A. APPROVE CITY COUNCIL MINUTES • June 27,2017 TIGARD CITY COUNCIL MEETING MINUTES — September 5, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 9 B. CONSIDER AUTHORIZING THE CITY MANAGER OR A DESIGNEE TO SIGN AN IGA WITH WASHINGTON COUNTY TO ADMINISTER THE CITY'TRANSIENT LODGING TAX C. CONSIDER APPROVAL OF RESOLUTION WAIVING THE'TEMPORARY SIGN PERMIT FEES FOR TIGARD BASKETBAL ASSOCIATION A RESOLUTION WAIVING$192 IN'TEMPORARY SIGN PERMIT FEES FOR TIGARD BASKETBALL ASSOCIATION Councilor Goodhouse moved for adoption of the consent agenda as presented. Councilor Anderson seconded the motion. Motion passed unanimously. Name Yes No Councilor Goodhouse "I Council President Snider Ai Councilor Woodard Councilor Anderson Mayor Cook 4. CONSIDER RESOLUTION APPOINTING COMMI'ITEE FOR COMMUNITY ENGAGEMENT MEMBERS Communications Strategist Owens presented this item. He explained the number of members and the standards for consideration of membership were recently changed in the committee's by- laws. He said approving these three appointments would bring the committee's membership to fifteen. Council President Snider moved to approve Resolution No. 17-39. Councilor Goodhouse seconded the motion. Motion passed unanimously. Resolution No. 17-39 -A RESOLUTION APPOINTING THOMAS LAURITZEN, YAMINI NAIDU AND CHRISTINE REHSE TO THE COMMITTEE FOR COMMUNITY ENGAGEMENT,EACH FOR A TERM OF FOUR YEARS, EFFECTIVE SEPTEMBER 1,2017 THROUGH AUGUST 31,2021 Name Yes No Councilor Goodhouse Council President Snider 4 Councilor Woodard Councilor Anderson Mayor Cook '1 TIGARD CITY COUNCIL MEETING MINUTES — September 5, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 2 of 9 5. DISCUSSION ON MOBILE FOOD CARTS POLICY Redevelopment Project Manager Farrelly gave the staff report. Mr. Farrelly outlined the mobile food carts policy, discussed the process they went through prior to drafting the policy and said staff considered the concerns from brick and mortar businesses and the possible impacts of the food carts to those businesses. Mayor Cook asked if anyone from the public wished to provide testimony. Mike Miller,Tigard Taphouse, 9230 SW Burnham,Tigard, OR 97223, said his initial business plan was to include a food truck at his location and that having food trucks has been a blessing. He said his customers enjoy having more options available, therefore making the downtown community and businesses more appealing to people. Council President Snider asked Mr. Miller what response he would have to other business owners who felt differently. Mr. Miller said the more the merrier and having different options is a great thing. Mayor Cook said the reason this is on the agenda is because at least three councilors wanted to discuss this. He said per the city attorney there is no laws on the books that do not allow food carts and because they are allowed,the city needed to write rules for people to follow. Councilor Anderson asked about setbacks. Mr. Farrelly said the setbacks in the downtown area are zero. Councilor Goodhouse said this is a good addition to downtown and brings another set of customers to downtown. Council President Snider said from a market perspective,history tells us that anytime people interfere with free market that ultimately it does not work anyway. He said his sense it to allow the market to do what it will do. Councilor Woodard said local vs non-local is better and his concern is proximity of similar foods. Council President Snider said that if a brick and mortar business was concerned about costs,they could condition their business to be a food cart. Councilor Woodard would like to look at the section in the policy that does not allow food carts requiring plumbing or electrical connections where a permit would be required. He said this could create a barrier and suggested council look at changing this language. Mayor Cook asked if this only applied to food carts and not the building the power is coming from. Mr. Farrelly replied yes and said that typically, food carts are a seasonal business and in the winter,most people do not want to eat outside,while brick and mortar businesses are enclosed. TIGARD CITY COUNCIL MEETING MINUTES — September 5, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 9 He said he would look into this and get back to council. Mayor Cook asked the city attorney to clarify. City Attorney Rihala said she would speak with the building official,look at the code section and get back to council. Councilor Goodhouse agreed. He said a business might start as a food truck and then become a brick and mortar business down the road, or a brick and mortar business could add a food truck to their business. Councilor Woodard asked if hot dog carts would fall under this policy and be allowed. Mr. Farrelly said it would if it followed the other requirements in the policy. Council President Snider said the cart needs to be mobile. Mayor Cook said hot dog carts need to follow the same rules. They need to have a Tigard business permit, follow the Washington County Food Safety and Health Rules, as well as follow these set of guidelines. Mayor Cook explained council needs to get clarification on the electrical permitting section of the policy and food carts like the hot dog stand located at Home Depot. 6. CITY CENTER DEVELOPMENT AGENCY: CONSIDERATION OF RESOLUTION ACCEPTING THE TIGARD URBAN LOFTS FINANCIAL ANALYSIS AND IMPLEMENTATION STRATEGIES REPORT Redevelopment Project Manager Farrelly gave the staff report and presented a PowerPoint presentation. He discussed the goal, the Metro Community Planning and Development Grant, Phase 1 (relocating the transit center) and Phase 2 (feasibility study). Brendon Buckley,Johnson Economics, discussed the feasibility study. Mr. Buckley said they looked at three different sites, talked about the goals, design standards and maximizing housing around each of the sites. He talked about the characteristics of each site, housing units,retail spaces,parking spaces and parking location,cost consideration,labor availability, construction form,value to cost ratio and potential strategies. Mr. Farrelly discussed the next steps and explained why they looked at the sites they did. CCDA Chair Cook said it was confusing to some citizens that council was approving site and land. He explained the city received a grant and asked TriMet to partner with the city and that council has to hear and approve the result of the grant. The CCDA is not approving any other things. Chair Cook asked if property owners B and C were talked to also. Mr. Farrelly said the word is out and at least one property owner is aware,but that no one specifically talked with TIGARD CITY COUNCIL MEETING MINUTES — September 5, 2017 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 9 them. CCDA Member Snider said the tittle of the resolution is confusing and implies a level of decision-making. Mr. Farrelly apologized for the confusion and said adopting the report does not have any binding decision from the title. City Attorney Rihala said council could change the title to say "receiving"instead of"approving". Council agreed with the word change. CCDA Member Goodhouse moved to approve CCDA Resolution No. 17-02 as amended to replace the word "approving"with "receiving". CCDA Member Snider seconded the motion. Motion passed unanimously. CCDA Resolution No. 17-02 -A RESOLUTION RECEIVING THE DOWNTOWN TIGARD URBAN LOFTS PROJECT FINANCIAL ANALYSIS AND IMPLEMENTATION STRATEGIES REPORT AS AMENDED TO REPLACE THE WORD ACCEPTING WITH THE WORD RECEIVING Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook 7. LEGISLATIVE PUBLIC HEARING: CONSIDER APPROVING AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO REFLECT CHANGE OF URBAN RENEWAL AGENCY NAME TO TOWN CENTER DEVELOPMENT AGENCY A. Mayor Cook opened the public hearing. B. Mayor Cook announced that anyone may offer testimony. C Staff Report — Redevelopment Project Manager Farrelly gave the staff report, provided background on the Tigard Triangle Urban Renewal Plan and said the approval of this plan created the need to make revisions to Tigard Code referencing urban renewal. Mr. Farrelly explained the current name City Center Development Agency refers to the Downtown Tigard area, and that changing the name to Town Center Development Agency would reflect the agency implementing plans in both the Downtown and Triangle areas. TIGARD CITY COUNCIL MEETING MINUTES — September 5, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 9 Council President Snider asked why staff did not recommend creating a separate board/committee in lieu of changing the name. Is it because there is no benefit in doing so? Mr. Farrelly said staff had thought about it conceptually, but that it would create a significant amount of"administrative burden to do so. He said most cities that have multiple urban renewal districts just have one governing body. Mayor Cook said the staff report referenced the City Center Advisory Commission meeting where this topic was discussed;however, those minutes were not attached to the staff report. He asked what the feedback from the City Center Advisory Commission meeting was. Mr. Farrelly explained they did not ask for a formal endorsement, but they did discuss it and the membership was ok with the changes. D. Applicant Testimony—There was none. E. Testimony in favor—There was none. F. Testimony in opposition—There was none. G Response to testimony by staff—There was none. H. Applicant Rebuttal—There was none. I. Mayor Cook closed the public hearing. J. Council Discussion and Consideration: Ordinance No. 17-21 Councilor Woodard moved to approve Ordinance No. 17-21. Councilor Goodhouse seconded the motion. Motion passed unanimously. Deputy City Recorder Burgoyne read the number and title of the Ordinance. Ordinance No. 17-21 -AN ORDINANCE TO AMEND MUNICIPAL CODE CHAPTERS 2.64 AND 3.28 TO REFLECT CHANGE OF URBAN RENEWAL AGENCY NAME TO TOWN CENTER DEVELOPMENT AGENCY Deputy City Recorder Burgoyne conducted a roll call vote. Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard TIGARD CITY COUNCIL MEETING MINUTES — September 5, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 9 Councilor Anderson Mayor Cook Mayor Cook announced that Ordinance No. 17-21 was adopted unanimously. 8. CONSIDER RESOLUTION ADOPTING THE REVISED BY-LAWS FOR THE CITY CENTER ADVISORY COMMISSION Redevelopment Project Manager Farrelly gave the staff report. He explained the name change to Town Center Advisory Commission would reflect its new duties to advise on the Triangle plan. In addition, this would update the composition section of the by-laws to add two additional voting members and open the designated resident position to include residents within or adjacent to the boundary of the Triangle. Mr. Farrelly said members of the CCAC had reviewed the proposed changes at their July meeting and provided feedback. Mayor Cook asked about the whole plan and it being based off a study on downtown and the Triangle was a different study. Wants to make sure some of the study is in there and that they receive the plan as they come onto the committee. Councilor Woodard asked if there is a way to connect to the two plans down the road. Mr. Farrelly said staff gives new members a copy of the plans past and present along with previous minutes from meetings. Council President Snider moved to approve Resolution No.17-40. Councilor Goodhouse seconded the motion. Motion passed unanimously. Resolution No. 17-40 -A RESOLUTION AMENDING THE BY-LAWS OF THE TOWN CENTER ADVISORY COMMISSION Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook 9. LOCAL CONTRACT REVIEW BOARD: CONSIDERATION OF CONTRACT AWARD FOR PACIFIC HIGHWAY SANITARY SEWER LINE Senior Management Analyst Barrett and Senior Project Engineer Newbury gave the staff report. Mr. Barrett explained that a section of sanitary sewer line along Pacific Highway is in need of repair due to the age of the lines and because the current lines are made of concrete and with years of hydro flushing, the walls of the lines are wearing thin. He said staff is looking at using a cured in TIGARD CITY COUNCIL MEETING MINUTES — September 5, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 9 place pipe in replacement of the current concrete pipe and explained the replacement and invitation to bid process. Council President Snider asked if the cured in place pipe process is in anyway inferior, last less, or has potential to fail. Senior Project Engineer Newbury said this process has been around for approximately 40 years and the life expectancy of the pipe will be extended a minimum of 20 to 30 years. He said it might not be as good as if they would do a traditional dig and replace,but that would cost significantly more. He said the contractor they have selected are the ones'who invented this process and the life expectancy of the product is good. Councilor Woodard moved to approve the Local Contract Review Board contract award for Pacific Highway Sanitary Sewer Line. Council President Snider seconded the motion. Motion passed unanimously. Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook 10. CONSIDER APPROVAL OF FRANCHISE AGREEMENTS FOR CITY OF SHERWOOD, DBA: SHERWOOD BROADBAND AND CONSTELLATION NEW ENERGY, INC Public Works Director Rager gave the staff report. He said this will provide the guidance for how the city will manage franchised utility companies who place their facilities in the public right-of-way. Councilor Woodard asked what the length of the run is. Mr. Rager replied he was not sure,but would get back to council. Council President Snider moved to approve. Councilor Anderson seconded the motion. Motion passed unanimously. Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook 11. NON AGENDA ITEMS -There were none. TIGARD CITY COUNCIL MEETING MINUTES — September 5, 2017 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov I Page 8 of 9 12. EXECUTIVE SESSION -At 8:06 p.m. City Council went into executive session to discuss property negotiations,under ORS 192.660(2)(e). The meeting was adjourned from the Red Rock Conference Room at the end of the executive session. 13. ADJOURNMENT At 8:53 p.m. Council President Snider motioned to adjourn the meeting and Councilor Anderson seconded the motion. Motion passed unanimously. Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook Kelly Burgoyne, Deputy City Recorder Attest: John L. Cook,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES — September 5, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 9 AIS-3255 3. B. Business Meeting Meeting Date: 09/26/2017 Length (in minutes): Consent Item Agenda Title: CONSIDER AUTHORIZING A THIRD AMENDMENT TO THE LASICH PROPERTY CONTRACT OF SALE AND ESCROW INSTRUCTIONS Prepared For: Steve Martin Submitted By: Steve Martin, Public Works Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Tigard City Council authorize a third amendment to the Lasich Property Contract of Sale and Escrow Instructions? STAFF RECOMMENDATION / ACTION REQUEST Authorize the third amendment to the contract of sale and escrow instructions. KEY FACTS AND INFORMATION SUMMARY The city has a contract to purchase the Lasich Lane property over a four-year period. The third payment was made prior to September 1,2017,and the last payment is due in September of 2018. The seller has requested early payment of funds out of escrow to pay off bills and make a down payment on a property where he can move his equipment and other belongings,allowing him to be off the Lasich Lane property by September 2018.The seller has made excellent progress toward meeting the conditions of the purchase contract to date, and is diligently working to meet all remaining conditions prior to the final payment of the purchase contract. This third amendment to the contract of sale and escrow instructions will have no fiscal impact to the city. The funds to be released to the seller have already been paid into escrow by the city. The city attorney has worked with the escrow officer and the Farm Bureau Credit officer to insure there will be sufficient funds to make all remaining payments up to September 2018. Prior to September 2018,the city will inspect the property to insure that all of the conditions of the purchase agreement have been met. The city will then make the final property payment into escrow. OTHER ALTERNATIVES Council could choose to not authorize the third amendment. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS The purchase of the Lasich Lane property helped the council and the Park and Recreation Advisory Board meet their goals of finding and purchasing park property with the 2010 Park Bond,and ensuring a substantial benefit to the city in the future. DATES OF PREVIOUS CONSIDERATION Council has not considered this item before. Council authorized the second amendment to the contract of sale and escrow instructions in December,2016. Fiscal Impact Cost: None Budgeted (yes or no): Yes Where Budgeted (department/program): Parks CIP Additional Fiscal Notes: There is no fiscal impact to the city. This amendment authorizes release of funds already paid into escrow by the city. As of August 31,the escrow balance was approximately$631,747. The remaining balance on the Farm Bureau Credit loan (by Mr. Kenny) is $270,143.83. If the city authorizes $275,000 to Mr. Kenny now,that leaves approx. $85,000 in escrow to make the payments,taxes,and secure final performance above the current balance owed (which will decline as payments are made). The final payment by the city into escrow is due in September of 2018. That payment is budgeted in the Parks CIP. Attachments Third Amendment to Lasich Purchase Third Amendment to Contract of Sale and Escrow Instructions This Third Amendment to Contract of Sale and Escrow Instructions is entered into by and between William B. Kenny, an individual (Seller) and the City of Tigard, an Oregon municipal corporation(Purchaser). Recitals A. The parties executed a Contract of Sale and Escrow Instructions (Contract) dated August 12, 2015, subsequently Closed the Purchase, and subject to the terms and conditions,therein, and subsequently entered into First and Second Amendments making certain changes relating to payment of property taxes authorizing the prior advance payment to Seller from escrow. B. Seller continues to remove Retained Property and take other steps as required in the Contract. Seller has requested that Purchaser release additional funds beyond those released pursuant to the Second Amendment to help pay the cost of Seller's performance and for other purposes. Purchaser is willing to agree provided sufficient funds remain to satisfy the obligations of the parties, including payoff of the Northwest Farm Credit Services obligation without prepayment penalty and under the terms provided for in this Amendment. Agreement Now, therefore, in consideration of the mutual covenants herein and in the Contract, the parties agree to amend the Contract as follows, new language is underlined, deleted language is shown in strike-out: Section 1. Section 4.5 Collection and Payment is amended as follows: 4.5 Collection and Payment. After Closing all payments to Seller must be made to Collection and Payment Escrow. Except as provided in Section 4.7 and 4.8, below, the Collection and Payment Escrow shall accept the payments and apply or account for them as follows: a. First to any unpaid amount due to the Collection and Payment Escrow; b. Second, payment directly to the Northwest Farm Credit Services obligation as payments on such obligation become due. Escrow shall pay remaining balance of this obligation in full no earlier than May 1 2018 and no later than May 15, 2018 so as to avoid any prepayment penalties; c. Third, to pay the personal property taxes on or before the due date. Collection Escrow shall provide proof of payment to Seller and Purchaser; d. Fourth,to any credits due to Purchaser under this Contract; e. Fifth,to any other liens or encumbrances placed on or suffered by Seller, including any lien for unpaid personal property taxes or for the cost of removing the Retained Property and the manufactured dwelling owned by Seller's foreman, unless such lien arises from the action or inaction of Purchaser; f. Sixth, pay to Seller's insurance provider the premiums for the commercial general liability insurance as provided in Section 4.1 of the Lease (Exhibit 'E') and any other insurance maintained by Seller associated with the Subject Property, Retained Property or Sellers business operations on the property(e.g. casualty, auto)within 30 days of Seller providing to Collection Escrow or receipt from the insurer of a statement of amount due and payable. Collection Escrow shall provide proof of payment to Purchaser. g. Seventh,pay the remaining balance to Seller on the Maturity Date. Collection and Payment Escrow shall not less than annually provide the Parties with a statement showing the receipts from Purchaser and disbursements by Collection and Payment Escrow. Section 2. Section 4.8, is added as follows: 4.7 One-time payment to Seller. Notwithstanding Section 4.5,within 10 days of receipt of written authorization from Purchaser,the Collection Escrow shall make a one-time payment of$60,000 to Seller from the proceeds being held by Collection Escrow. 4.8 Second extraordinary payment to Seller.Notwithstanding Section 4.5 and 4.7, within 10 days of receipt of written authorization from Purchaser,the Collection Escrow shall make a second extraordinary payment of$275,000 to Seller from the Proceeds being held by Collection Escrow. The remaining funds shall be disbursed as provided in Section 4.5 Section 5. Except as expressly amended herein and by the First and Second Amendments, the Contract as originally executed remains in full force and effect. This Third Amendment shall be effective as of the date last signed. Seller By: Name: Its: Date: Purchaser By: Name: Its: Date: AIS-3257 4. Business Meeting Meeting Date: 09/26/2017 Length (in minutes): 5 Minutes Agenda Title: CONSIDER RESOLUTION AUTHORIZING A CDBG GRANT APPLICATION FOR METZGER SCHOOL PARK Prepared For: Schuyler Warren Submitted By: Schuyler Warren, Community Development Item Type: Motion Requested Meeting Type: Council Resolution Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall Council approve a resolution authorizing a Community Development Block Grant (CBDG) application for facility improvements to Metzger Elementary School Park? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that Council approval of the resolution. KEY FACTS AND INFORMATION SUMMARY The CBDG grant application is for improvements to Metzger School Park. The grant amount being applied for is $41,860.The City of Tigard's match amount for this grant will be$30,140, funded by Parks SDCs. This is the second phase of a"health and wellness" project to provide improved recreation opportunities for residents in the area around the park. The first phase of this project—the "health"phase—saw the development of community gardens on the site. The second phase of the project will bring fitness and recreation opportunities to an underserved low-income neighborhood through facility improvements. These improvements include walking paths,a fitness station, and a nature play area.The walking paths provide connectivity and open the park up to neighborhood use in all seasons. The fitness station will provide active recreation and exercise opportunities to a neighborhood with few if any affordable fitness options. The nature play area actively engages children and youth from the neighborhood in outdoor activity and inspires physical exercise. CDBG funding would allow this project to move forward on these improvements. OTHER ALTERNATIVES Decline to authorize the CDBG application. Improvements will need to be funded from other sources or removed from plan. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Council Goal-Expand Recreation Opportunities for the People of Tigard. Park System Master Plan DATES OF PREVIOUS CONSIDERATION April 19,2016 -Receive a briefing on the Metzger Elementary School Park Project Update Fiscal Impact Cost: $30,140 Budgeted (yes or no): yes Where budgeted?: Parks Additional Fiscal Notes: The cost of this project represents a 72 percent match of the total grant request. This match comes from presently allocated Parks funding for Metzger School Park. ' Attachments Metzger School Park CDBG CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION AUTHORIZING A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) GRANT APPLICATION FOR FACILITIES IMPROVEMENTS AT METZGER SCHOOL PARK WHEREAS, the 2009 Parks Master Plan identifies the grounds of Metzger Elementary School as a potential neighborhood park;and WHEREAS, the City of Tigard and Tigard-Tualatin School District entered a joint use agreement for the grounds of Metzger Elementary School on September 22,2015;and WHEREAS,the City Council desires to expand recreation opportunities for the people of Tigard;and WHEREAS, Community Development Block Grant funding will help the City of Tigard to make facilities improvements to Metzger School Park. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Staff is authorized to apply for Community Development Block Grant funding for facilities improvements to Metzger School Park. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2017. Mayor-City of Tigard AFI'EST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 1 AIS-3266 5. Business Meeting Meeting Date: 09/26/2017 Length (in minutes): 15 Minutes Agenda Title: CONSIDER SANITARY SEWER LATERAL GRANT FUNDING MAXIMUM Prepared For: John Goodrich Submitted By: John Goodrich, Public Works Item Type: Motion Requested Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall council approved a maximum funding limit for individual applications for the city's sanitary sewer lateral grant program? STAFF RECOMMENDATION / ACTION REQUEST Staff is recommending that a maximum funding limit for single family property owners requesting funding assistance through the city's sanitary sewer lateral program at$5,000 per application. KEY FACTS AND INFORMATION SUMMARY The city adopted an administrative rule (Rule No. 12.01.080-09-01) regarding the responsibilities,practices, and procedures relating to the sanitary sewer waste water collection system in 2016. This rule helps clarify the responsibilities of the city in relationship to Clean Water Services,the county sewer district. The rule also clarifies the responsibilities of private property owners connected to the city public sewer system,including ownership of private sanitary sewer laterals. The city and Clean Water Services recognize that structurally deficient private sanitary sewer laterals may cause damage to city owned streets,including sink holes,cracked pavement and potholes. Failing private sewer laterals may also contribute to groundwater inflow and infiltration problems which impact the capacity of the city's sanitary sewer wastewater collection system and Clean Water Services wastewater treatment plant systems. The city developed a Sanitary Sewer Lateral Grant Program (Rule No. 12.01.080-10-01) to provide financial incentives toward timely repair or replacement and to help homeowners with the cost of making repairs beneath city owned streets and public right of way.The Sanitary Sewer Lateral Grant Program utilizes sewer funds to reimburse homeowners for a portion of the cost associated with repair or replacement of sewer laterals.Assistance is only available for repair or replacement of sewer laterals with structural damage beneath city streets. Staff is recommending that the use of an interdepartmental approval process be required prior to releasing funds. The program is dependent on annual funding approval and applies only to residential homes occupied by the property owner,referred to as "homeowner."The program is not available to multiple-family, commercial,or industrial properties including apartments,condominiums,homeowner's associations, properties on private streets,or properties with sewer laterals on private property within utility easements. Community laterals (several properties using one lateral) are not eligible unless ordered by the city engineer to separate from the community lateral and make a separate single lateral connection,as determined on a case-by-case basis. Under the current program, council will approve the maximum reimbursement amount. The reimbursement amount will be set to allow homeowners access to these funds,which are limited and intended for imminent repairs of private sanitary sewer laterals. Staff is recommending$5,000 as the maximum reimbursement amount. OTHER ALTERNATIVES Council may choose not to set a maximum limit on applicant grant funding for this program. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS The City Manager approved the administrative rule that establishes this program in May 2017 after Council was briefed on this topic at a workshop session. The requested motion provides for the funding limits for this program. DATES OF PREVIOUS CONSIDERATION Council received an update on the Sanitary Sewer Lateral Grant Program,including a draft of the proposed administrative rule on March 21,2017 during a workshop session. Fiscal Impact Cost: 20,000 Budgeted (yes or no): Yes Where Budgeted (department/program): Sanitary Additional Fiscal Notes: This annual funding,at the recommended $5,000 grant limit provides for a minimum of 4 sanitary sewer lateral replacements per year. Attachments Sewer Lateral Grant Program Rules Lateral Repair Application Form Lateral Repair Quote Sheet Form Lateral Repair Payment Form AgendaQuick©2005-2017 Destiny Software Inc.,All Rights Reserved Administrative Rules 111 Sanitary Sewer Lateral Grant Program 1 Policy and Procedures Rule No. 12.01.080-10-01 Effective 05-16-2017 The City is responsible for the public sanitary sewer waste water collection system within the city boundary. This responsibility is granted through cooperative agreement(s) with Clean Water Services,the county district agency. I. Policy Summary: A. Private property owners are responsible for sewer laterals as a private conveyance of authorized waste flow into the public sewer system. This is considered the"point of connection"to the city sewer waste water collection system. All costs associated with maintenance,clearing obstructions,and maintaining proper and adequate flow to prevent sanitary sewer overages (SSOs) or discharges are the responsibility of the private property owner. Sewer laterals serve only one private property each and benefit only the private property legally served. Sewer laterals are not part of the public sewer system,nor does the city have ownership of sewer laterals serving private property. B. The city is responsible for clearing any obstructions or blockages within the main pipe conveyance and manholes within the sanitary sewer system that may cause SSOs,either within the public sanitary sewer system or on private property through private sewer lateral connections. C. The city and Clean Water Services recognize that structurally deficient private sanitary sewer laterals may cause damage to city owned streets,including sinkholes,cracked pavement and potholes. Failing private sewer laterals may also contribute to groundwater inflow and infiltration problems that affect the capacity of the city's sanitary sewer wastewater collection system and Clean Water Services'wastewater treatment plant systems. D. The city developed a Sanitary Sewer Lateral Grant Program to provide financial incentives toward timely repair or replacement and to help homeowners with the cost of making repairs beneath city owned streets and public right of way. E. The Sanitary Sewer Lateral Grant Program utilises sewer funds to reimburse homeowners for a portion of the cost associated with repair or replacement of sewer laterals. Assistance is only available for repair or replacement of sewer laterals with a significant structural defect,as defined by this Rule,and which are located beneath city streets. A well-documented interdepartmental approval process is required prior to the release of funds. The program is dependent on annual funding approval and applies only to residential homes occupied by the property owner,referred to as "homeowner." F. The program is not available to multiple-family,commercial,or industrial properties including apartments,condominiums,homeowner associations,properties on private streets,or properties with sewer laterals on private property within utility easements. Community laterals are not eligible unless ordered by the city engineer to separate from the community lateral and make a separate single lateral connection,as determined on a case-by-case basis. G. City council will approve the maximum reimbursement amount. The reimbursement amount will be set to allow homeowners access to these funds,which are limited and intended for imminent repairs of private sanitary sewer laterals. H. Sanitary Sewer Lateral Grant Program Rules A. The program is in effect as of the adoption of this administrative rule. B. The program only applies to residential homeowners. C. The program only provides assistance when funds are allocated fox that purpose within a specific budget year. D. Allocated funds are available on a first come, first serve basis until all allocated funds are expended. Page- Acimin'sttative Rule No. 12.01.08C-10-01 Effective Date:May 16,20Y E. Construction of public sewer mains or new sewer connections will not be funded by this program. An exception may be when separation from a community lateral is necessary;however,system development connections charges will still apply. F. The homeowner of the lateral shall be reimbursed for the cost of the lateral replacement underneath street pavement,excluding alleys or other utility easements on private streets or property,as approved by the city. However,the reimbursement will be capped at the dollar amount approved by city council. G. Reimbursement shall not include the cost of work performed on private property beyond the public- right-of-way (public right-of-way may include portions of sidewalk,curb,and street). H. Reimbursement shall not include the cost of obtaining easements,plumbing permits,tree permits,or work within the right of way permits. I. Application for grant funding must be submitted for approval within 30 days of documenting defects or structural problems associated with sanitary sewer lateral. J. Proof that private sewer lateral pipe failure is located underneath street pavement must be submitted and approved by the Public Works Director,or designee. A copy of the video of the sewer lateral showing the structural defect must be submitted with the grant application. K Participation in the grant program is reserved for those homeowner properties with a significant structural defect in the lateral or when separation from a community lateral is necessary. A significant structural defect is defined as a separated joint,cracked pipe,or crushed pipe that prevents or inhibits flow required for normal operation. For the purposes of the program,a"sag" or"belly"in the lateral is not considered a significant structural defect. L. Homeowners may still proceed with repair or replacement if the application is denied,but the city will not reimburse any costs associated with such repair or replacement. When the city denies an application, it does not mean or imply that the private sewer lateral should not be repaired or replaced. The city reserves the right to deny an application based on defects identified as not significant enough to be eligible for the grant assistance program. It is the responsibility of the homeowner to decide whether to repair or replace the lateral should the city determine that the application and information provided does not meet the program requirements or criteria. M. The city has sole discretion to decide which private sanitary sewer laterals may be repaired or replaced under this grant assistance program. N. The program will only fund those improvements necessary to meet the normal costs associated with a sewer lateral replacement less any rebates or incentives offered by a contractor. 0. Public works department reserves the right to make point repairs on private sanitary sewer laterals within the public right of way in lieu of using grant program funds. P. Lump sum quotes will not be accepted. III.Grant Reimbursement Practices and Procedures A. The program will only reimburse the amount indicated in the approved price quote detail sheet unless otherwise approved by the Public Works Director or designee. B. The city reserves the right to deny approval of any application that contains an unreasonable or inferior price quote. C. Funds will only be reserved once permits have been issued. Permits will expire and reserved funds will be made available to others if construction has not begun within 60 days of permit issuance. D. Reimbursement will only be granted to those homeowners who have followed these Rules,have acquired all applicable permits,comply with all city,district,state,and federal standards,have obtained final inspection approval,and have returned a complete"proof of contractor payment" form to the city within 30 days of final inspection. E. The property homeowner is the only person eligible to apply for this program and the funds will only be released to the property owner of record. The city will not make any payment directly to contractors or constructors. IV. Grant Application Appeal Process A. Grant applicants that have received denial of their application may appeal to the city engineer. PPge 2 Administn6ve^ule No.12.01.080-10-01 Effectve Date:May i6.201'/ B. The appeal must be in writing and must detail the homeowner's reason for appealing the decision. Supporting documentation must be included. These documents shall be delivered within 30 days of the original application final determination date(denied) to: City Engineer ATTN: Sewer Lateral Grant Program Appeal City of Tigard 13125 SW Hall Blvd. Tigard OR 97223 V. Procedures and Practices for Sanitary Sewer Lateral Grant Program A. Property homeowner contacts Public Works Department at sewerlateralgrant@tigard-or.gov to discuss sewer lateral repairs or concerns. A copy of the Sewer Lateral Grant Application and Program Guide will be provided to the homeowner. B. Property homeowner submits a copy of the video via sewerlateralgrant atigard-or.gov. The video will be evaluated to determine if structural defects are significant enough to qualify for the grant program. The property homeowner will be notified of Public Works Department findings. C. Property homeowner obtains bids from contractors. The homeowner selects a contractor who provides the owner with a price quote detail sheet or company quote showing the breakdown of property owner costs and city reimbursable costs (sidewalks,curb,paved surfaces of city street or roadway only). Note: The program will only reimburse the amount indicated on the city approved price quote detail sheet or an adjusted contractor invoice,whichever is less. D. Homeowner submits Grant application and price quote detail to City of Tigard,Attn: Sewer Lateral Grant Program, 13125 SW Hall Blvd,Tigard,OR 97223 or sewerlateralgrap,t@tigard-or.gov for review. Application for reimbursement will be approved or denied. E. Contractor obtains all required permits for the project such as right of way construction,traffic planning, plumbing permits,tree removal permits,etc.All permits must be paid by the contractor or applicant and included in the detail sheet quote. F. Contractor begins work. Note that contractor must begin work within 60 days of permit issuances. G. Contractor will fulfill any permit construction and plumbing inspection as required,including final video of entire private sanitary sewer lateral from household lateral cleanout to point of connection at city sanitary sewer system. H. Property homeowner submits Proof of Contractor Payment Form and payment receipt to City of Tigard,Attn: Sewer Lateral Grant Program, 13125 SW Hall Blvd,Tigard,OR 97223 or sewerlateralgrantQtigard-or.gov within 30 days of final permit inspection. I. City reimburses property homeowner qualifying costs up to the maximum master fees and charges schedule amount.The city will not reimburse contractors directly under this program. Approved by: Martha L.Wine,City Manager Date Page 3 Administrative Rule No. 12.01.080-10-0: Effective Date:May 16,2017 Proposed 3-21-17 City of Tigard PUBLIC WORKS DEPARTMENT s n Sanitary Sewer Lateral Repair Grant Program TIGARD Application Owner: Mailing Address: Phone: Email: Site Address: Description of Work: SUBMITTALS REQUIRED 1. The following must be submitted with this application: ❑ Documentation that the sanitary sewer lateral is located underneath street pavement, and it has failed or is failing with a severe structural defect such as a separated joint, cracked pipe, or crushed pipe. The mere presence of a belly/sag does not indicate a failure. El Completed price quote detail sheet provided by a contractor. The program will only reimburse the amount indicated in the approved price quote detail sheet or final contractor's invoice,whichever is less,up to a maximum of$3,000.00 contingent upon available funding and in accordance with policy rules. 2. This application must be approved prior to permit issuance. Signature of Applicant Date For Oficial Use Only ❑ Application is approved ❑ Application is denied for the following reasons: Plumbing permit required: ❑ Yes ❑ No Right of way permit required: Cl Yes ❑ No Public Works Approval(signature) Date City of Tigard Public Works Department• 13125 SW Hall Blvd. • 503-718-2591 • 11 Page Proposed 3-21-17 Frequently Asked Questions 1. If funds run out for this year, can I save my "proof of contractor payment" and submit it for the next year's funding? No, obligations cannot be made against a future year budget. The amount of funding allocated for this annual replacement program is determined each year during an annual budget process and cannot be guaranteed. Reimbursable work must be completed in the same year as funding. 2. If my contractor discovers something that costs more than the "approved detailed quote," will I get reimbursed for that, too? The program will only reimburse the amount indicated in the approved price quote detail sheet unless otherwise approved by the Public Works Director. 3. My contractor gave me a lump sum bid. Can I use this bid? Only itemized quotes submitted to the city on the "price quote detail sheet" will be considered for approval. Lump sum quotes cannot be accepted because they do not provide any basis for evaluating how costs were distributed in street pavement areas (city right of way) versus private property. City of Tigard Public Works Department• 13125 SW Hall Blvd. • 503-718-2591 • 2 1 Page Proposed 3-21-17 City of Tigard PUBLIC WORKS DEPARTMENT Sanitary Sewer Lateral Repair Grant Program TIGARD Price Quote Detail Sheet Contractor Address Phone Site Address Description of Work (Please DO NOT leave any blank spaces. Mark through ALL unused spaces below.) Work Beneath Street Pavement Unit Price Quantity Cost Sawcut surface pavements/concrete curb and gutter: $ per L.F. L.F. $ Construct 4-inch ASTM D 3034 PVC sewer lateral in street including all excavation, fittings,and compacted 3/4" minus crushed backfill: $ per L.F. L.F. $ Compaction testing (includes price of proctor if not supplies) $ per L.F. L.F. $ Temporary street patch: $ per L.F. L.F. $ Construct 4-inch HDPE sewer lateral under street including All excavation, fittings, and compacted 3/4" minus crushed rock: $ per L.F. L.F. $ Asphalt/concrete street patch per city standard drawings: $ per L.F. L.F. $ Replace curb/gutter per city standard drawings: $ per L.F. L.F. $ Replace existing pavement striping: $ per L.F. L.F. $ Replace existing pavement marking with thermoplastic city standard drawing: $ per L.F. L.F. $ Replace existing street sign per city standard drawings: $ _ per L.F. _ L.F. $ Replace existing street sign per city standard drawings: $ per L.F. L.F. $ Temporary traffic control: $ per L.F. L.F. $ Subtotal for Work Beneath Street Pavement Area $ City of Tigard Public Works Department• 13125 SW Hall Blvd. • 503-718-2591 • 11 Page Proposed 3-21-17 Non-Street Pavement Area Unit Price Quantity Cost Construct 4"ASTM D 3034 PVC sewer later on private property Including all excavation, fittings and proper backfill: $ per L.F. L.F. $ Construct 4" HDPE sewer later on private property excavation, fittings, and compacted 3/4"minus crushed rock: $ per L.F. L.F. $ Replace driveway pavement: $ per L.F. L.F. $ Replace concrete walkway: $ per L.F. L.F. $ Replace topsoil and construct seeded lawn: $ per L.F. L.F. $ Replace landscaping: $ per L.F. L.F. $ Replace existing fence: $ per L.F. L.F. $ Replace/repair irrigation system: $ per L.F. L.F. $ Plumbing permit fees: $ per L.F. L.F. $ Subtotal for Non-Street Pavement area $ Other Construction Items (Miscellaneous) Please describe and list: $ per L.F. L.F. $ $ per L.F. L.F. $ $ per L.F. L.F. $ $_ per L.F. L.F. $ Subtotal for Construction Items (Miscellaneous) $ I, contractor, agree to perform all work in accordance with the City of Tigard Public Works Public Improvement Design Standards. I agree to begin work within 60 days of permit issuance. Signature of Contractor Date City of Tigard Public Works Department • 13125 SW Hall Blvd. • 503-718-2591 • 21 Page Proposed 3-21-17 City of Tigard PUBLIC WORKS DEPARTMENT 1111 Sanitary Sewer Lateral Repair Grant Program TIGARD Proof of Contractor Payment Contractor: Address: Owner: Address: Site Address: I, contractor, have received full payment for all work associated with the sanitary sewer lateral replacement at the above site address (see attached receipt). I have completed work detailed in the price quote detail sheet, and I have attached an invoice that lists the actual line item costs. Signature of Contractor Date I, the property owner of the above site address,verify that all work associated with the sewer lateral replacement project at the site address stated above is complete and satisfactory. Property Owner Acceptance (Signature) Date Final Invoice Amount$ For Use hi Others ❑ Engineering Final Inspection Complete? City Grant Amount: $ Invoice# Public Works Approval Date City of Tigard Public Works Department• 13125 SW Hall Blvd. • 503-718-2591 • 1 P a g e