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City Council Minutes - 07/25/2017 City o f'Tigard Tigard City Council Meeting Minutes July 25, 2017 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 ITEMS 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 255 2017 City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 1 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 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-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 MASTER FEES AND CHARGES SCHEDULE WHICH WAS ADOPTED 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 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 3 of 8 Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 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 13125 SW Hall Blvd.,Tigard, OR 97223 1 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 coming 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 MAINTENANCE DISTRICT TIGARD CITY COUNCIL MINUTES —JULY 25, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.dgard-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 7e 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 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.dgard-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 UPDATED 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 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 Atte John ook,Mayor TIGARD CITY COUNCIL MINUTES -JULY 25, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 8 of 8