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City Council Minutes - 07/23/2019 �� City o Tigrard ry Tigard City Council Meeting Minutes TIGARD July 23, 2019 STUDY SESSION Council present: Mayor Snider, Council President Goodhouse, Councilor Newton, Councilor Anderson and Councilor Lueb. Staff present: City Manager Wine,Assistant City Manager Nyland, City Attorney Rihala,Public Works Director Rager,Parks Manager Martin, Redevelopment Manager Farrelly and City Recorder Krager A. DISCUSSION ON A CITIZEN REQUEST TO NAME A PARK Parks Manager Martin said staff received a letter from State Representative Courtney Neron suggesting that the city name of its newest parks, Nancy Tracy Park. Nancy Tracy passed away April 3. She worked against development near wetlands and encouraged parks and community gardens in underserved areas. She taught at Metzger Elementary School for many years and was a resident of the Metzger area in Washington County. Mr. Martin recapped the city's Naming and Recognition Policy which states that requests must be reviewed by the parks manager and approved by a formal council action. He said Ms. Tracy's family is supportive of naming a park or even a community garden after her. He identified potential options such as the park at Metzger School or the Steve Street property which is a future neighborhood park. He contacted Tigard- Tualatin School District regarding the Metzger School Park but has not received a response. Councilor Newton said Ms. Tracy was on the original Vision Task Force. She cautioned about naming the school property without their input. Mayor Snider noted that since she was a county resident a Washington County Park might be more appropriate. Council was supportive of Parks Manager Martin continuing to reach out to TTSD to discuss naming the school park or a feature of the park, such as the community garden,in Nancy Tracy's honor. B. REVIEW GATEWAY ART COLOR RECOMMENDATION Redevelopment Project Manager Farrelly presented this agenda item. Steve DeAngelo from Tigard Downtown Alliance and Town Center Advisory Committee Chair Kate Rogers were also in attendance. The gateway sculptures at each end of Main Street, "Corylus"which is the scientific name for hazelnut tree,were installed in 2015 and the paint is beginning to fade. TIGARD CITY COUNCIL MEETING MINUTES -July 23, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 11 A subcommittee of the TCAC,including members of the Tigard Downtown Alliance, considered new color choices.Artist Brian Borello was consulted and presented four options for a new color scheme. The subcommittee recommends a two-tone (light green exterior and pale pinkish white interior) option because it would give the sculptures added depth,would better reflect the changing lights that shine on them at night, and the colors have a closer connection to nature and a hazelnut blossom. It will still be eye-catching from Highway 99W. The TCAC unanimously endorsed this color scheme at its May meeting. A smaller scale model was in the room for Council to view. They asked to carry it outside to judge the colors in natural light. Mayor Snider asked if ODOT approved of the new colors and Mr. Farrelly said they had. If green paint is used it cannot be too close to the color of a green traffic light. Council President Goodhouse suggested the green should be more like the Tigard logo shade. TCAC Chair Rogers noted that red or pink hues tend to fade more than others,and this should last longer than the original color. Redevelopment Project Manager Farrelly said the next touch-up should not be needed for 7-10 years. Council members agreed with moving ahead with the new paint color scheme. A painting contractor will be selected and if possible, schedule and weather-wise, the work will be done before the fall rains start, although it may have to wait until next spring. Administrative Items: 1. City Manager Wine reported that city logowear is taxable and a stipend deduction would be the easiest method of paying for Council purchases. 2. Summerfield Council Outreach is on July 30 from 6-8 p.m. under cover at the front of the Summerfield Clubhouse. Collateral material will include Minutes Matter and the Council Contact handout. The August 6 National Night Out neighborhood list will be emailed to Council. 3. City Manager Wine notified Council that the City had received a claim for a ruptured sewer lateral on Thorn Street and it is in the process of being settled. The Study Session recessed at 7:09 p.m. 1. BUSINESS MEETING A. At 7:31 p.m. Mayor Snider called the City Council meeting to order. B. City Recorder Krager called the roll. TIGARD CITY COUNCIL MEETING MINUTES -July 23, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 11 Present Absent Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Youth Councilor Turley ✓ C. Mayor Snider 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—City Manager Wine reported on actions taken to study speeding and parking issues in the Pebble Creek neighborhood. The Public Works and Police Departments are following up on concerns raised by residents. B. Citizen Communication—No one signed up to speak. 3. CONSIDER RESOLUTION APPROVING APPOINTMENTS OF TIGARD LIBRARY BOARD MEMBERS AND ALTERNATES Library Director Bernard presented this agenda item. Interviews were held on June 13 and July 2 and the following applicants were selected for the open Library Board positions: Shirley Edwards, Kate Ristau, Christopher Allen, Suzanne Sikora, Gail Stephens and Alicia Turner. Council President Goodhouse moved to approve Resolution No. 19-30 appointing the new members and Councilor Lueb seconded the motion. Councilor Lueb mentioned that 16 people applied,and she was excited that there were so many who love the library and want to serve. She thanked everyone for their time. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 19-30—A RESOLUTION APPOINTING SHIRLEY EDWARDS, KATE RISTAU,AND CHRISTOPHER ALLEN TO THE TIGARD LIBRARY BOARD FOR A TERM OF FOUR YEARS,EFFECTIVE JULY 23,2019 THROUGH JUNE 30, 2023;AND APPOINTING SUZANNE SIKORA TO THE TIGARD LIBRARY BOARD FOR THE COMPLETION OF A TERM OF ONE POSITION VACATED MID-TERM, EFFECTIVE JULY 23,2019 THROUGH JUNE 30,2021;AND APPOINTING GAIL STEPHENS AS AN ALTERNATE FOR A TWO YEAR TERM,EFFECTIVE JULY 23, 2019 THROUGH JUNE 30,2021;AND APPOINTING ALICIA TURNER AS AN TIGARD CITY COUNCIL MEETING MINUTES -July 23, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 3 of 11 ALTERNATE FOR A ONE YEAR TERM,EFFECTIVE JULY 23,2019 THROUGH JUNE 30,2020. Mayor Snider conducted a vote and the motion passed unanimously. He presented a city pin to new Library Board members. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ 4. CONSIDER RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING VACATION OF PUBLIC SLOPE EASEMENT IN RIVER TERRACE City Engineer Faha said the Tigard City Council is required to concur with Washington County when County property within City boundaries is vacated to allow development to occur. Washington County Commissioners received a petition to vacate a slope easement and county staff reviewed the request, determining it is no longer necessary for public use. ORS 368.361(3) requires the city to concur with the findings,by resolution, for the vacation to be completed. This property is in Tigard between Scholls Ferry Road and Roy Rogers Road and will become part of the River Terrace development. Council President Goodhouse moved to approve Resolution No. 19-31. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 19-31 —A RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING VACATION OF A PUBLIC SLOPE EASEMENT ALONG SW SCHOLLS FERRY ROAD AND SW ROY ROGERS ROAD Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Mayor Snider conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES -July 23, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 11 5. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE AMENDING TIGARD MUNICIPAL CODE 7.48, SPECIAL EVENTS PERMIT A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may sign up to offer testimony. C. City Attorney Rihala presented the staff report. This is the product of several years of work involving representatives from all City departments to improve the application and permit experience for events occupying public right-of-way or taking place on City-owned property. This includes events as large as the Tigard Balloon Festival down to park reservations and everything in between. The process was inconsistent,which created problems for staff and for the public trying to navigate the system. The existing code only defined public assembly as a gathering of over 1,000 people for over 10 hours,which is basically no events in Tigard. Due to this limitation, there was a gap in the City's ability to regulate other types of gatherings and led to different permits issued by different City departments,which led to inconsistencies and no clear criteria for approval. The proposal is to repeal Chapter 7.48 and replace it with a revised code chapter that applies to all special events being held on public right-of-way or City property. It also adds the ability to impose conditions on applicants in order to protect the City's interests such as requiring liability insurance or OLCC licensing. To ensure consistency between departments and equal treatment of applicants, the City will develop one process for reviewing all special event applications. Staff will provide outreach to the public,proactive information and work towards a technological solution that is on-line,with dropdown menus and appropriate routing. Because of this additional work,the effective date of the ordinance would be October 1,2019. Mayor Snider asked if the City expects a group conducting an organized protest to use this chapter. City Attorney Rihala replied that it depends on whether they were going to close any streets. She added that there are Constitutional limitations to what can be required in advance. For a spontaneous group the City may not be able to require something in advance. Mayor Snider said he could see situations where the $500 fine may not be enough to deter some activity. Council President Goodhouse asked for clarification on whether the Council would get a second look at the form changes. City Attorney Rihala replied that the code,if approved tonight,will not change after adoption. Staff will be developing an application form and inform the public on the website, etc.in the next few months. D. Public Testimony—No one signed up to testify. E. Response to testimony by staff. — No testimony was received. F. Mayor Snider closed the public hearing. TIGARD CITY COUNCIL MEETING MINUTES -July 23, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov ( Page 5 of 11 G. Council Discussion and Consideration: Councilor Newton commented that the new process was very linear and will help people understand what they need to do out front and will be less confusing. Council President Goodhouse moved to approve Ordinance No. 19-11. Councilor Newton seconded the motion. City Recorder Kragen read the number and title of the ordinance and conducted a roll call vote. Mayor Snider announced that Ordinance 19-11 passed unanimously. ORDINANCE NO. 19-11 —AN ORDINANCE REPEALING AND REPLACING TIGARD MUNICIPAL CODE 7.48 RELATED TO SPECIAL EVENTS PERMITS Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ 6. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE AMENDING TIGARD MUNICIPAL CODE 10.16.085 RELATED TO BLOCKING STREETS A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may sign up to offer testimony. C. City Attorney Rihala presented the staff report. These amendments stem from updates to the special events permit process. The current code has a blanket prohibition of blocking a street or hindering traffic "without proper authority,"but does not define what that is. State Statutes authorize the police department to continue community caretaking. Public Works sometimes needs to block a street to do work in the right of way. These instances are covered in the new code language. D. Public Testimony—No one signed up to speak. E. Response to testimony by staff. —None F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 19-12 Council President Goodhouse moved to approve Ordinance No. 19-12. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. ORDINANCE NO. 19-12—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 10.16.085 RELATED TO BLOCKING STREETS TIGARD CITY COUNCIL MEETING MINUTES -July 23, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 11 Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Mayor Snider announced that Ordinance No. 19-12 passed unanimously. 7. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE AMENDING TIGARD MUNICIPAL CODE 10.32 RELATED TO PARADE PERMITS A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may sign up to testify. C. City Attorney Rihala presented the staff report and said this is another cleanup item. Tigard Municipal Code Chapter 10.32 currently requires a parade permit from the police department for all parades or processions on City streets,with the exception of funeral or military processions. The police department is unaware of ever issuing a permit. The update of Chapter 7.48 creates a special event permit so the need for a separate parade permit is eliminated. Future parades will require a special event permit. As most military parades are in conjunction with civilian-organized events which would require a permit, the exemption for military processions has been removed. Funeral processions will continue to be exempt from the permit requirement. D. Public Testimony—No one signed up to testify. E. Response to testimony by staff—None F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 19-13 Councilor Lueb asked about the effective date of this ordinance being in 30 days,which is earlier than when the special events permit will be in effect. City Attorney Rihala replied that there had never been a parade permit issued between September and October 1. Council President Goodhouse moved to approve Ordinance No. 19-13. Councilor Lueb seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. ORDINANCE NO. 19-13—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 10.32 RELATED TO PARADE PERMITS TIGARD CITY COUNCIL MEETING MINUTES -July 23, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 11 Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Mayor Snider announced that Ordinance No. 19-13 passed unanimously. 8. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 10.36 RELATED TO RIDING ON CERTAIN SIDEWALKS AND RACING ON PUBLIC WAYS A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may sign up to offer testimony. C. City Attorney Rihala presented the staff report and said this is related to a clean-up of the special events items in the code. The first provision (TMC 10.36.100) currently prohibits riding a bicycle on any sidewalk adjacent and parallel to SW Main Street. However,Main Street is the only way to access the Heritage Street Trail. The second provision is to eliminate the requirement for a bicycle racing permit from the police department since this could be handled with a special event permit. D. Public Testimony—No one signed up to speak. E. Response to testimony by staff—None. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 19-14 Council President Goodhouse moved to approve Ordinance No. 19-14. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. ORDINANCE NO. 19-14—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 10.36 RELATED TO RIDING ON CERTAIN SIDEWALKS AND RACING ON PUBLIC WAYS Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ TIGARD CITY COUNCIL MEETING MINUTES -July 23, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 11 Mayor Snider announced that Ordinance No. 19-14 passed unanimously. 9. LOCAL CONTRACT REVIEW BOARD: CONSIDER CONTRACT AWARD FOR TIGARD STREET HERITAGE TRAIL CONSTRUCTION Public Works Senior Management Analyst Barrett and City Engineer Faha presented this agenda item. The LCRB is being asked to approve a contract with Lee Contractors,LLC in the amount of $1,253,752 for the construction portion of the Tigard Street Heritage Trail and Rotary Plaza. Mr. Barrett said the issue is the funding because due to quirks in budget law the City may not do a full carryover. The bid came in over the estimate and budget. Funding is available,and staff will come back to Council with additional scenarios. Current funding sources are urban renewal Fund, Parks SDC Fund, Connect Oregon VI Grant and Washington County MSTIP. The total amount of these sources plus some anticipated additional funding from the Urban Forestry Fund in the first quarter supplemental to help with tree planting,is $1,107,000. Staff would like to add a small contingency amount for unforeseen construction issues. Including the contingency the project requires just over$230,000 in additional funding. No additional money is available from the Connect Oregon VI Grant or Washington County MSTIP,leaving the urban renewal and Parks SDC for addressing the shortfall. Mr. Barrett said there are a number of funding options and staff has not selected one because preliminary FY 2019 numbers are not in quite yet. There are a number of options including unanticipated beginning fund balances for either the Urban Renewal Fund or Parks SDC Fund, which is the staff preference;reducing funding for the Universal Plaza for FY 2020,reducing park land acquisition for FYF 2020,and reducing the size of other projects. Funding could come from any combination of these sources. Mayor Snider asked if there is intent to decrease the scope of the project. City Engineer Faha gave background on this project,which has been a long-time priority. It puts structural elements in place. It took quite a while to get it designed and obtain permits since it is adjacent to railroad tracks and is on railroad property. All bids were over budget. Staff discussed this will all departments and they want to see this project built. We need lighting and basic landscaping for this trail project. We found other places where we can find money, -unanticipated fund balance in the meantime or from Urban Renewal Fund or potential park land acquisitions. She said council could decide not to approve the contract and it could be rebid later. However,there is no guarantee the bids would come in any lower and not moving ahead now jeopardizes a lot of funding,including state and federal funding. Councilor Newton noted that approving this contract tonight does not tie the City to any one of the funding options. She said she was concerned about reducing some of the parks projects but this can all be discussed. Council President Goodhouse said he is in support but does not want to see any reduction in funding for the Universal Plaza. Mr. Barrett acknowledged the potential that there will not be an TIGARD CITY COUNCIL MEETING MINUTES -July 23, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 11 unanticipated fund balance and there is still a chance that some of these projects will have to be slowed. $238,000 is the gap. Councilor Anderson asked when construction would begin and Project Manager Peck said the intention is to get them going in the next few weeks so it is done by the end of October and art installation could begin. Councilor Lueb said this is a large amount not to know whether it is available or not. She said she struggles with not knowing how the gap will be filled and said it is no one's fault;it is just the accounting process. Mayor Snider said this is a high priority project with a lot of grant money tied up and some could go away. He asked staff how confident they were that it can be figured out. Mr. Barrett said he cannot speculate and there are other project fund reserves that could be considered. There were some changes to Oregon budget law that do not allow contingency. Mayor Snider asked about loaning money to the Urban Renewal fund,which has been done in the Past. Council President Goodhouse made a motion to award the contract for construction of the Tigard Street Heritage Trail. Councilor Newton seconded the motion. She added that she is mindful of the grant limitations and the way the funding is cobbled together. She requested that when staff returns to present funding scenarios,there is robust discussion so Council can select the most prudent option. Mayor Snider conducted a vote and Council approved the motion unanimously. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Mayor Snider thanked staff for their work on this and said he was excited that the project is underway. 10. NON-AGENDA ITEMS —There were none. 11. EXECUTIVE SESSION—None scheduled. 12. ADJOURNMENT TIGARD CITY COUNCIL MEETING MINUTES -July 23, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 10 of 11 At 8:16 p.m. Councilor Anderson motioned for adjournment. Council President Goodhouse seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ /`t 1�`e aeL Carol A. Krager, City Record est: a�> Jason . Hider,Mayor Date: . - TIGARD CITY COUNCIL MEETING MINUTES -July 23, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 Nvww.tigard-or.gov I Page 11 of 11