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City Council Minutes - 09/05/2017 n Qjy ofTiggar_d Tigard City Council Meeting Minutes September 5, 2017 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 R TIGAD CITY COUNCIL MEETING MINUTES — September 5, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I 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 Council President Snider Councilor Woodard Councilor Anderson Mayor Cook 4. CONSIDER RESOLUTION APPOINTING COMMITTEE 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 Councilor Woodard Councilor Anderson Mayor Cook TIGARD CITY COUNCIL MEETING MINUTES — September 5, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I 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.dgard-or.gov I 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 I 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 I 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 I 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 1 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 1 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 Ke y Burg ne, DeputyCi�er r A U Joh . Cook,Mayor Date: of Id 6Id'©r TIGARD CITY COUNCIL MEETING MINUTES — September 5, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 9