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City Council Minutes - 12/04/2018 City ofTigard [Ell q Tigard City Council and Town Center Development Agency Meeting Minutes � December 4, 2018 JR 1. BUSINESS MEETING A. At 6:32 p.m. Mayor Cook called the meeting to order. B. Deputy City Recorder Burgoyne called the 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—None. 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication—None. B. Citizen Communication—None. 3. CONSIDER RESOLUTION APPOINTING TOWN CENTER ADVISORY COMMISSION MEMBERS Redevelopment Project Manager Farrelly presented this item. New members Renette Hier,Hemendra Mathur and Gloria Pinzon-Marin attended and the Mayor presented each of them with a city pin. CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES—December 4, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 1 of 11 Council President Snider moved to approve Resolution No. 18-49. Councilor Goodhouse seconded the motion. Deputy City Recorder Burgoyne read the number and title of the resolution. Motion passed by a unanimous vote. Resolution No. 18-49 -A RESOLUTION REAPPOINTING TIM MYSHAK AND APPOINTING RENETTE HIER,ANGELA CHONG AND CHRISTOPHER ALLEN AS VOTING MEMBERS,APPOINTING HEMENDRA MATHUR AS A NON- VOTING ALTERNATE MEMBER AND REAPPOINTING GLORIA PINZON- MARIN AS A NON-VOTING EX-OFFICIO MEMBER OF THE TOWN CENTER ADVISORY COMMISSION Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook 4. CONSIDER RESOLUTION APPOINTING PLANNING COMMISSION MEMBERS Assistant Community Development Director McGuire presented this item. New members Cole Whitehurst,Jamie Watson,Keshaven Tiruvallur,Nathan C.Jackson,Yi-Kang Hu and Alexandria Quinones attended and the Mayor presented each with a city pin. Councilor Anderson moved to approve Resolution No. 18-50. Councilor Woodard seconded the motion. Deputy City Recorder Burgoyne read the number and title of the resolution. Motion passed by a unanimous vote. Resolution No. 18-50 -A RESOLUTION APPOINTING COLE WHITEHURST,JAMIE WATSON,KESHAVAN TIRUVALLUR,NATHAN C.JACKSON,AND YI-KANG HU AS VOTING MEMBERS OF THE TIGARD PLANNING COMMISSION,AND APPOINTING ALEXANDRIA QUINONES AND TAYLOR SARMAN AS ALTERNATE,NON-VOTING MEMBERS Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook CITY COUNCIL.AND TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES—December 4,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 2 of 11 Mayor Cook convened the Town Center Development Agency. 5. TOWN CENTER DEVELOPMENT AGENCY-DISCUSSION ON POTENTIAL BUSINESS PLAN FOR UNIVERSAL PLAZA Public Works Director Rager,Redevelopment Project Manager Farrelly,Economic Development Coordinator Bemis,Parks and Recreation Manager Martin and Community Engagement Coordinator Scott presented this item. Mr. Farrelly provided a project overview, talked about the early planning stages,public outreach and input,and discussed possible funding areas staff has identified. Mr. Bemis discussed the four potential revenue-generating strategies staff had identified;food cart rental space,public rental space,plaza naming rights and creating a parks foundation. Ms. Scott provided an overview of each potential revenue generating strategy,benefits of each and considerations that included staff time that would be needed to carry out each. She discussed the process for creating a Parks Foundation and potential funding from other agencies that could be available to help offset costs. Mr. Farrelly talked about maintenance costs that would be needed to maintain the plaza and potential plaza revenue. He explained the revenue would vary year to year,but said staff is moderately optimistic that revenue generated from one of the strategies discussed could fund up to 2/3 of the cost of a full time staff person for plaza maintenance. He concluded by saying research staff has done on these revenue generating strategies is preliminary and that staff would need to do a lot more research before recommending one. Councilor Goodhouse asked if the full time staff person would only be for this plaza. Mr. Martin said staff believes this full time staff person would also be looking after other downtown area plazas,but that this designated staff person would need to be onsite. Councilor Goodhouse said the non-compete clause regarding the food carts would be difficult to enforce. Council President Snider said that Michele Reeves had suggested the opposite when she was here and said having food carts would bring more people into the downtown area and the other businesses. Councilor Goodhouse asked if someone could hold a concert and sell tickets if they rented out the venue. He asked if staff has thought about the aspects of renting the space out to people who would then hold events for making a profit, or if only people who would be using the venue to hold events like weddings and other personal uses would be the only people who could rent the space. Mr. Farrelly said they looked at renting the park shelter out and had not considered renting out the entire plaza. He talked about how Waterfront Park in Portland can be rented out and said it could be done. Ms. Scott said they did look at other fee structures. CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES—December 4,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov ( Page 3 of 11 Councilor Goodhouse asked if staff had looked at creating a Downtown District Tax or something similar for businesses and apartment complexes and said the people he has talked to about it seemed to be onboard with this kind of option. Mr. Farrelly said it is a Business Improvement District. Councilor Woodard said none of this is new to him and that it is exciting to see the opportunities that could be had with revenue generation. He said there needs to be a way to activate the space additionally so people are not just coming for food. Councilor Woodard recommended that a recreation coordinator should be part of this as well, and said he likes the idea of creating a foundation,because if you have a project like this and activate the space;strategies like these are all sustainable models. Council President Snider said creating a parks foundation is interesting, and said if they move forward with the model it should look at including all parks and not just the plaza. It needs to be broader. Mayor Cook asked what repairs and maintenance costs would be. Mr.Martin said staff did not know the costs at this time,but would when they build it. Mayor Cook said he likes the naming rights idea,and said having longer terms is a better way to go. He reiterated that he is in favor of a plaza downtown and how important it is to the community,and said more people want a splash pad in the city. He said cost issues are the main concern,but it is important to move forward because it is part of the urban renewal district. Mayor Cook reconvened the City Council Meeting. 6. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE RELATING TO UTILITY SERVICES IN PUBLIC RIGHTS-OF-WAY A. Mayor Cook opened the public hearing. B. Hearing Procedures—Mayor Cook announced that anyone may offer testimony. C Public Works Director Rager gave the staff report,explained why the city is proposing the ordinance,outlined the current process for franchise agreements and said this takes a different approach and would issue a license that is driven by our code that would apply to franchisees across the board in a way that is fair. He talked about 5G wireless,and said staff talked with other cities and believes this approach will be efficient. He said staff would not have to renegotiate franchise agreements because it would be code driven,and talked about the comments staff received from franchisees regarding the change and said the city attorney had addressed those comments and that there is generally no opposition. This is similar to how other cities like Beaverton and Milwaukie handle their franchises. CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES —December 4,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 4 of 11 Council President Snider asked if staff had recommended changes with Verizon's statement. Mr. Rager replied not at this time. D. Public Testimony—Mayor Cook will called upon those who have signed up to testify. Steve Coon,Verizon Wireless, 19950 SW Tannasborne Drive,Hillsboro,OR,said they sent a redlined version over late and that they appreciate staffs'approach. He said they are suggesting removing the penalty fees outlined in 15.06.180 and 15.06.190 as they do not reflect actual costs to the city. Mayor Cook asked what they suggested if there is no penalty. Mr. Coon replied they did not have an alternative,but that it would need to be cost based. Troy Gagliano,PGE, 121 SW Salmon Street,Portland,OR,said he had chance to speak to the city attorney and appreciated the constructive dialogue. Mr. Gagliano said their current franchise with the city is good through 2023. Mr. Gagliano said they have a communication system that they do not sell or lease to any other third party,and would ask that this type of system not be subject to the additional fees. Additionally, they fix poles located in the right of way that have been damaged due to situations like a vehicle hitting the pole and they do not want to have to get additional permits for this type of work. He said theirs is a unique business of electric power service and safety issues,and they would like to be able to address specific things related to the nature of their business with a short form franchise agreement in the future. Regarding the section for parks,he reminded council that there are often light poles in the parks and the city will still need utilities in parks. Mayor Cook asked if PGE sees the model for franchise agreements with cities changing to this format. Mr. Gagliano replied yes and that they understand and see why cities are changing to this. E. Response to testimony by staff. Public Works Director Rager said staff disagreed the penalty section should be removed,and explained there is difference between compensation and a violation of code,and there should be a penalty for violating the code. City Attorney Rihala expanded and said the FCC was talking about barriers to entry and staff does not see penalty fees as a barrier to entry,and they are avoidable if they comply with the City Code. Council President Snider asked if penalty fees need to be in line with actual cost. There are many areas where penalty fees do not align with actual cost. Ms. Rihala agreed and said it is difficult to place an actual cost on a violation of code. She explained that the FCC order specifically says fees have to be nondiscriminatory,which means equality among all providers,so if they treat utilities equally,then penalties need to apply equally across the board. CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES—December 4,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 5 of 11 Councilor Goodhouse asked about permits. Mr. Rager said they are mostly looking at utilities adjacent to the city's right-of-way and work that is being done that could affect the right-of-way. He said this is part of the city's existing code and when staff weighed the pros and cons,staff felt the city needed to be protected. F. Mayor Cook closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 18-24 Councilor Goodhouse moved to approve Ordinance No. 18-24. Councilor Anderson seconded the motion. Deputy City Recorder Burgoyne read the number and title of the ordinance and conducted a roll call vote. Ordinance No. 18-24—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 15.06 TO REPLACE TIGARD'S FRANCHISED UTILITY ORDINANCE WITH A UTILITY SERVICES IN PUBLIC RIGHT-OF-WAY ORDINANCE Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook Mayor Cook announced that Ordinance No. 18-24 was adopted unanimously. 7. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENTS TO TIGARD MUNICIPAL CODE 3.24 FOR WATER SDC'S A. Mayor Cook opened the public hearing. B. Hearing Procedures—Mayor Cook announced that anyone may offer testimony. C Public Works Utility Operations Manager Goodrich gave the staff report and provided background information. D. Public Testimony—Mayor Cook called upon those who signed up to testify. No one signed up to speak. Councilor Woodard asked if the city charges for water uses for construction. Mr. Goodrich said there is a charge along with a consumption fee based on construction use. CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES—December 4,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 6 of 11 E. Response to testimony by staff—None. F. Mayor Cook closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 18-25 Council President Snider moved to approve Ordinance No. 18-25. Councilor Goodhouse seconded the motion. Deputy City Recorder Burgoyne read the number and title of the ordinance and conducted a roll call vote. Ordinance No. 18-25—AN ORDINANCE AMENDING MUNICIPAL CODE 3.24 TO EXEMPT TEMPORARY WATER USE FROM WATER SYSTEM DEVELOPMENT CHARGES Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook Mayor Cook announced that Ordinance No. 18-24 was adopted unanimously. 8. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE TO AMEND THE TIGARD MUNICIPAL CODE REGARDING RIGHT OF WAY PERMITS FOR WORK IN THE RIGHT OF WAY A. Mayor Cook opened the public hearing. B. Hearing Procedures—Mayor Cook announced that anyone may offer testimony. C Senior Project Engineer Enloe gave the staff report. She discussed the current right-of-wap process and felt that it did not benefit the city or community. She explained that staff had looked to modify the existing code and decided to do a holistic revision. She said staff added the definition for what constitutes work,whether a permit is needed, added specific standards that would determine whether the permit is approved or denied,and added a 24- hour contact requirement,as well as needing to execute a permit within 180 days. She explained if the permit was not fully executed within the 180 days,than the permit would be void. She said the new language allows the city to require a cash deposit in order to protect the right-of-way assets and would require the work being done to be insured and the city indemnified on the insurance. CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES—December 4,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 11 Councilor Woodard said he appreciated staff adding the indemnified clause and asked if a specific project had driven this. Ms. Enloe said she was unsure if there was history. City Attorney Rihala explained there was no incident,but that another engineer had brought this up,and because there could have been an incident,staff decided to look at what other cities were doing. Councilor Goodhouse asked if the changes take into account emergency permits. Ms. Enloe replied that emergency issues would not require a permit first. Mayor Cook asked if there is a period of time when new paving is done when cuts are not allowed. Ms. Rihala said the city does have a moratorium on this,in section 135,the right- of-way preservation policy,which is good for four years. Ms. Enloe explained this protects the integrity of the roadway and money that was spent in upgrading roadways. Mayor Cook asked if there is any way to address bumps and sunken areas in the roadway when it has recently been paved. Ms. Enloe said this would be addressed during the time of inspection once the work is done. Ms. Rihala said this is also addressed in section 135, which allows the city engineer to grant exceptions to the four-year period that would restore the street or provide equivalent surface quality. Mayor Cook asked staff to define section 15.04.090 subsection C,ADA access,and maintaining this at all times. Ms. Enloe responded that during times of roadway repair the sidewalk may need to be closed,and instead of saying the sidewalk is closed,you would be required to have an alternate path available. C. Public Testimony—Mayor Cook called upon those who signed up to testify. Troy Gorido,PGE, 121 SW Salmon Street,Portland Or,asked if staff was talking about section 15.06.080. Ms. Enloe responded it is section 15.04,work in the right-of-way. E. Response to testimony by staff. None. F. Mayor Cook closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 18-26 Councilor Woodard moved to approve Ordinance No. 18-26. Council President Snider seconded the motion. Deputy City Recorder Burgoyne read the number and title of the ordinance and conducted a roll call vote. Ordinance No. 18-26—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 15.04 REGARDING WORK IN THE RIGHT-OF-WAY CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES—December 4,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 8 of 11 Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook Mayor Cook announced that Ordinance No. 18-26 was adopted unanimously. 9. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE AMENDING TMC SECTION 3.65.270 AND RESOLUTION AMENDING TIGARD TRANSPORTATION ADVISORY COMMITTEE BYLAWS Sr.Transportation Planner Roth presented this item. A. Mayor Cook opened the public hearing. B. Hearing Procedures—Mayor Cook announced that anyone may offer testimony. C Sr.Transportation Planner Roth gave the staff report and explained the proposed changes that include amending Tigard Municipal Code section 3.65.270,clarifying the Tigard Transportation Advisory Committee's role in advising staff on transportation project and program priorities. D. Public Testimony—Mayor Cook called upon those who signed up to testify. No one signed up to speak. E. Response to testimony by staff. F. Mayor Cook closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 18-27 Councilor Anderson moved to approve Ordinance No. 18-27. Councilor Goodhouse seconded the motion. Deputy City Recorder Burgoyne read the number and title of the ordinance and conducted a roll call vote. ORDINANCE NO. 18-27—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 3.65 GAS TAX REVENUES TO CLARIFY TTAC'S ROLE Name Yes No Councilor Goodhouse Council President Snider CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES—December 4,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigud-or.gov I Page 9 of 11 Councilor Woodard Councilor Anderson Mayor Cook Mayor Cook announced that Ordinance No. 18-24 was adopted unanimously. Council President Snider moved to approve Resolution No. 18-51. Councilor Woodard seconded the motion. Deputy City Recorder Burgoyne read the number and title of the resolution. Motion passed by a unanimous vote. Resolution No. 18-51 -A RESOLUTION OF THE CITY COUNCIL AMENDING THE BYLAWS OF THE TIGARD TRANSPORTATION ADVISORY COMMITTEE (TTAC) Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook 10. NON AGENDA ITEMS—None. 11. EXECUTIVE SESSION: Mayor Cook announced the Tigard City Council would go into Executive Session to discuss real property transaction 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.The City Council adjourned from the Red Rock Creek Conference Room after the Executive Session. 12. ADJOURN At 9:07 p.m. Councilor Goodhouse moved to adjourn the meeting and Councilor Woodard seconded the motion. Motion passed by a unanimous vote. Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES—December 4,2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 10 of 11 Kelly Burgoyn Deputy Cityecor �er � VB.esnider,,Mayor Date: i O -It , CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY MEETING MINUTES—December 4, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 11 of 11