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City Council Minutes - 02/27/2018 ., City oL Tigard Tigard City Council Meeting Minutes TIGARD February 27, 2018 1. STUDY SESSION 1 A. City Engineer Faha gave an update and a slide show on the Capital Improvement Program. She highlighted items of note in each section of her report. Parks Projects—The boardwalk is in at Dirksen Nature Park.They are planning a Camas Festival in the future. The nature play area and restroom will be completed this summer. Carla Staedter had an idea to honor deceased employee Paul Izatt with a log installation with small doors kids and adults can explore. There are some permit issues at the Tigard Street Heritage Trail.Another wetlands was discovered. City Manager Wine noted that ODOT Rail asked if the City wants to acquire the property rather than lease it so that conversation is now open. Citizen Advisory and Technical Advisory Committees for the Fanno Creek Trail Completion project start tomorrow. In Bull Mountain Park there needs to be signage indicating what trails are ADA-compliant and which are not. Street Projects—For the Upper Boones Ferry/Durham Road project the ODOT requirements are not as bad as originally thought. Expect some pain when Roy Rogers Road is widened and the Bull Mountain Road work and roundabout are constructed at the same time this summer. Neighbors will have detours. Beef Bend Road culvert work will be done by the County and closures will be coordinated with the County and Polygon.The County is the lead for closures and schedules. Councilor Woodard commented that Roy Rogers Road is inadequate for safe walking. City Engineer Faha will bring back options for a North Dakota crossing closure. Water Projects—The Water System Master Plan has been initiated.The large Cach Reservoir project is being re-evaluated. In response to a question from Mayor Cook,Ms. Faha said she did not yet know how much would be erased from the SDCs until the Water Master Plan is complete. Stormwater Projects—The Stormwater Master Plan is complete and up for Council approval tonight. Other Projects—ADA Transition Plan—Mayor Cook asked if this covers everything from curb ramps to city buildings. Engineer Faha said it does cover right-of-way curbs and sidewalks,trails and buildings open to the public. A button is needed to open the door into Town Hall. She said neighbors (maybe their landscapers) have been dumping yard debris in the Derry Dell Creek restoration area. Letters will go out to the neighbors to let them TIGARD CITY COUNCIL MINUTES — February 27, 2018 City of Tigard 1312 S\\'Hall Blvd.,'Tigard,OR 97223 1 wwxv.dgard-or.gov Page 1 of 9 know this practice has to stop. The City has had to pay thousands of dollars to remove yard debris. Councilor Goodhouse suggested they be told they may be fined for illegal dumping. B. Council Liaison Reports Council President Snider has been re-elected Chair of the Lake Oswego-Tigard Water Partnership Oversight Committee. He asked Council to review the material received from Joel Komarek and noted that on average;per capita usage in Tigard is lower than Lake Oswego's usage. Councilor Anderson reported that the Willamette River Water Coalition is starting a new water conservation advertising campaign featuring weatherman Matt Zaffino. Mayor Cook heard reports on tolling and the start of the Regional Transportation Plan update at JPACT.Tigard's former senior transportation planner,Judith Gray,is now with ODOT and is in charge of the outreach for congestion pricing(tolling).There will be several open houses as part of this outreach. Per state law,toll revenue can only be used for roads. The Study Session ended at 7:23 p.m. 2. BUSINESS MEETING A. At 7:33 p.m. Mayor Cook called the City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 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—Councilor Woodard announced that there will be a program at Tualatin High School called Rebound—The Chris Herren Story,about a professional athlete who experienced substance abuse and has since refocused his life to help others and make a difference in their lives.This is hosted by Tigard Turns the Tide and Tualatin Together and starts at 6:15 p.m.with a resource fair and 7:00 p.m. for the program on Monday,March 5,2018. 3. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—City Manager Wine said staff continues to meet with neighbors from Ascension Drive and the conversation is ongoing regarding speeding traffic on that street. TIGARD CITY COUNCIL MINUTES — February 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 2 of 9 B. Citizen Communication—City Manager Wine said former City Councilor Marland Henderson submitted a letter requesting a policy change that would return the city to an 8- hour, 5-day work week. Mayor Cook said if three councilors ask him to he will put it on a future agenda for discussion. 4. CONSENT AGENDA: (Tigard City Council) — A. CONSIDER ADOPTION OF CORRRECTIVE ACTION PLAN FOR AUDIT FINDING RESOLUTION NO. 18-11 —A RESOLUTION TO ADOPT A CORRECTIVE ACTION PLAN TO ADDRESS THE MATERIAL WEAKNESS OUTLINED IN THE COMMUNICATION TO THOSE CHARGED WITH GOVERNANCE AND INTERNAL CONTROL RELATED MATTERS LETTER FROM THE INDEPENDENT AUDITORS Council President Snider moved for approval of the Consent Agenda. Councilor Goodhouse seconded the motion. Councilor Woodard had some questions and Mayor Cook clarified that he wanted a discussion on this item. Council President Snider and Councilor Goodhouse withdrew their motions. Councilor Woodard moved to pull the item off the consent agenda for a discussion. Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Assistant Finance Director Isaksen responded to questions from Councilor Woodard about two spreadsheets that had errors and whether there was any harm caused by the actions needing correction. Mr. Isaksen said there was no negative impact on the city's expenditures or revenues. Councilor Woodard asked if the City missed any opportunities because of the spreadsheet errors and Mr. Isaksen said it did not. He said it was human error and expressed confidence in auditors Moss Adams. Council President Snider moved to adopt the corrective plan of action and Councilor Woodard seconded the motion. The motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MINUTES — February 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 3 of 9 5. CONSIDER A RESOLUTION TO ADOPT THE STORMWATER MASTER PLAN City Engineer Faha gave the staff report. She said the City's last stormwater master plan was done over 30 years ago. She said staff summarized the plan at the January 16,2018 council meeting and it has been available for public comment. Recommendations were posted on the website. No additional comments were received after the draft plan was completed. Staff recommends adoption of the Stormwater Master Plan. Councilor Woodard moved to approve Resolution No. 18-12. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 18-12— A RESOLUTION ADOPTING THE CITY OF TIGARD STORMWATER MASTER PLAN Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook conducted a vote and the motion passed unanimously. He noted that council held a lengthy discussion on this plan at the January 16 meeting. He commended Engineer Faha and her staff for their work. 6. CONSIDER RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING VACATION OF PUBLIC SLOPE AND DRAINAGE EASEMENTS ALONG SW ROY ROGERS ROAD City Engineer Faha gave the staff report and said this was more of a paperwork item. Washington County Board of Commissioners have already taken action on this vacation and requested that the City of Tigard approve a resolution concurring with their findings. This is not part of the land needed for the widening of Roy Rogers Road and the slope easements have been determined to no longer be necessary for public use. They will be vacated and become part of the River Terrace development. Councilor Anderson moved to approve Resolution No. 18-13 and Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 18-13—A RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING VACATION OF PUBLIC SLOPE AND DRAINAGE EASEMENTS ALONG SW ROY ROGERS ROAD (VACATION NO. 545) TIGARD CITY COUNCIL MINUTES - February 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 4 of 9 Mayor Cook conducted a vote and Resolution No. 18-13 passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 7. APPROVE AN IGA WITH METRO TO ACCEPT AND MANAGE AN RTO GRANT AWARD FOR SAFE ROUTES TO SCHOOL Community Development Director Asher gave the staff report and a PowerPoint presentation. He noted that the former Safe Routes to Schools Coordinator Shaina Hobbs recently left for another position with the City of Portland. This grant program is already in place but this IGA is related to a lag in its administration due to staff turnover and needs council approval so the City can receive the grant funding. It will allow the hiring of a new SRTS Coordinator to continue this important work. He said staff is very appreciative of council's support and participation in the program. Mr. Asher said all six of the elementary schools in Tigard have Action Plans. There are walking maps for each school showing safe routes. Templeton Elementary is pushing 50 percent participation. He mentioned the 20 is Plenty program. Yard signs remind people to drive slowly and carefully and look out for one another. The schools participated in distributing them. Ms. Hobbs also worked to put many of the SRTS materials into Spanish and the City went live with a Spanish-language webpage in late November.A Bike Rodeo is planned for May. City staff talks to the parents to learn where the trouble spots are and small improvements have been made on roads and sidewalks. He summarized by saying this is a very popular and successful program and has worked so well because the city was able to hire very good people to coordinate it. This Regional Transportation Options (RTO) grant allows the city to hire a staff person and receive reimbursement for money already spent. Councilor Goodhouse commented that Templeton has almost 50 percent participation in walking or biking to school and one reason is that there are more sidewalks and connectivity. He said this shows the connection between infrastructure and children biking and walking to school. Council President Snider moved to approve the IGA and Councilor Anderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MINUTES — February 27, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Pine 5 of 9 8. CONSIDER RESOLUTION TO AMEND PROCEDURE FOR APPOINTING MEMBERS TO CITIZEN ADVISORY COMMITTEES Assistant Community Development Director McGuire gave the staff report. The resolution amends the procedure for appointing temporary,ad hoc Citizen Advisory Committees that do not report directly to council. It would allow such CACs to be assembled without staff coming before council to appoint and replace members through a resolution. Mayor Cook said council should be involved in selection and approval of committee members for those committees that report directly to them but concurred with an amendment for ad hoc committees. Council President Snider said this makes the city more nimble. Councilor Woodard asked that council be advised when an ad hoc CAC is formed and who the members are because Council may get questions from the public. Councilor Woodard moved to approve Resolution No. 18-14 and Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 18-14—A RESOLUTION AMENDING THE PROCESS TO FORM AND APPOINT MEMBERS OF LIMITED DURATION CITIZEN ADVISORY COMMITTEES (CAC) yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook conducted a vote and Resolution No. 18-14 passed unanimously. 9. PUBLIC HEARING—CONSIDER ORDINANCE TO AMEND TIGARD MUNICIPAL CODE CHAPTER 6.02 REMOVING SPECIFIC REQUIREMENTS ON KEEPING LIVESTOCK AND POULTRY A. Mayor Cook opened the public hearing. B. Mayor Cook announced that anyone may sign up to testify. C. Assistant Community Development Director McGuire gave the staff report. This ordinance is an action that aligns the Tigard Municipal Code with the city's practice. A few years ago Council directed staff to no longer enforce this provision. Staff is on track to reach out to the community seeking input to inform a more comprehensive code section on urban agriculture. He said staff is not stating people can or cannot have poultry but will not enforce the old agriculture zoning regulation requiring the 100 foot buffer. He said the city can still enforce any laws or nuisance code violations related to health,odor or other problems caused by livestock. D. Public Testimony—No one signed up to speak in favor. TIGARD CITY COUNCIL MINUTES — February 27, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.dgard-or.gov Page 6 of 9 E Public Testimony—No one signed up to speak in opposition. Mayor Cook said Michael Brewin emailed written testimony to council in opposition which has been entered into the record. He noted that this will be coming back to council for consideration in the next year or so. F Response to testimony by staff-None Councilor Woodard said Mr. Brewin made some good points but felt confident that the nuisance code would be adequate. He asked Assistant Community Development Director McGuire how many livestock issues the city is experiencing currently and Mr. McGuire said he did not know of any in the past six months. G. Mayor Cook closed the public hearing. H. Council Discussion and Consideration: Ordinance No. 18-04 Council President Snider moved to approve Ordinance No. 18-04. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. Ordinance No. 18-04—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 6.02 TO REMOVE SPECIFIC REQUIREMENTS ON KEEPING LIVESTOCK AND POULTRY Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Ordinance No. 18-04 passed unanimously. 10. PUBLIC HEARING: CONSIDER ORDINANCE REPEALING TIGARD MUNICIPAL CODE 5.24 MEDICAL MARIJUANA FACILITIES A. Mayor Cook opened the public hearing. B. Mayor Cook announced that anyone may offer testimony. C Assistant Community Development Director McGuire gave the staff report and said this ordinance cleans up an inconsistency in the code. In 2014 Council adopted this municipal code chapter as a stopgap measure until permanent regulations could be written for marijuana facilities.This has been completed and is part of the Community Development Code. However,in an oversight,this temporary chapter was not repealed at that time. The proposed ordinance removes Chapter 5.24 from the Tigard Municipal Code. D. Public Testimony: No one signed up to speak. Mayor Cook said there was an email from Carine Arendes in support of adopting the repeal. E. Response to testimony by staff-None F. Mayor Cook closed the public hearing. G. Council Discussion and Consideration: Ordinance No 18-05 TIGARD CITY COUNCIL MINUTES — February 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 7 of 9 Mayor Cook said having an in-house attorney has been very helpful. Council passed this law a few years ago but then in another part of the code said it could not be allowed. He thanked City Attorney Rihala for her help in cleaning up these inconsistencies in the code. Councilor Goodhouse moved to approve Ordinance No. 18-05. Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. Ordinance No. 18-05—ORDINANCE REPEALING CHAPTER 5.24 OF THE TIGARD MUNICIPAL CODE RELATING TO MEDICAL MARIJUANA FACILITIES Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Ordinance No. 18-05 passed unanimously. 11. CONSIDER RESOLUTION GRANTING A FRANCHISE AGREEMENT TO VERIZON ACCESS TRANSMISSION SERVICES Public Works Director Rager gave the staff report. He echoed appreciation of in-house attorney Rihala mentioned in the previous agenda item. This agreement is for MCIMetro Access Transmission Services Corp which is a fiber network of Verizon. The Tigard Municipal Code states that if a company chooses to sign the City's standard franchise agreement without amendment Council shall approve it. MCIMetro will sign the standard agreement so staff recommends Council approve this resolution. Councilor Woodard moved to approve Resolution No. 18-15 and Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 18-15—A RESOLUTION GRANTING A TELECOMMUNICATION FRANCHISE TO MCIMETRO ACCESS TRANSMISSION SERVICES CORP. D/B/A VERIZON TRANSMISSION SERVICES Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook conducted a vote and Resolution No. 18-15 passed unanimously. TIGARD CITY COUNCIL MINUTES — February 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 8 of 9 12. EXECUTIVE SESSION None Scheduled. 13. NON AGENDA ITEMS 14. ADJOURNMENT At 8:10 p.m. Councilor Anderson made a motion for adjournment. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and all voted in favor. �'cs No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ o1� / 0 Carol A. Krager,City Re rder Attest: John . Cook,Mayor TIGARD CITY COUNCIL MINUTES — February 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 9 of 9