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City Council Minutes - 01/27/2015 City of Tigard Tigard City Council Meeting Minutes January 27, 2015 STUDY SESSION Council Present: Mayor Cook,Councilor Henderson,Councilor Woodard,Councilor Goodhouse and Council President Snider Staff Present: City Manager Wine,Assistant City Manager Newton,Public Works Director Rager, Finance and Information Services Director LaFrance,Streets and Transportation Project Engineer McCarthy,Public Contracts Manager Barrett, City Attorney Ramis and City Recorder Krager. A. COUNCIL LIAISON REPORTS • Mayor Cook briefly reported on the Mayors conference in Washington DC and the importance of face to face meetings between local officials and federal agency representatives. He will give a more detailed report on the conference at another time. He reported on the SW Corridor Steering Committee Subgroup monthly meeting. He distributed a handout,which has been added to the packet for this meeting, showing the schedule for the next two years.Preferred alternative decisions will be made this year, including whether or not to build tunnels,whether to connect to Portland Community College and what the transit mode should be.Receiving public feedback is important in the next few months.Mayor Cook said council will be holding discussions with the community and format options include 5xlx10 meetings or a town hall. Council President Snider and Councilor Woodard said they preferred the 5x1x10 meeting format. Tigard input will be sought on the Tigard Triangle couplet,how transit might reach downtown,Ash Avenue, Hall Boulevard. Talking points for Tigard include what the city wants out of this and what it can do without. City Manager Wine added that Metro and city public engagement will run through July so it can be completed in August. • Councilor Henderson said he spent 40 hours reviewing and judging the Community Development Block Grant (CDBG) applications. There was $1.4 million available in HOME funds and$1.6 million for facility services. $3 million was un-appropriated. Results will be announced in 30 days. Council expressed appreciation for his efforts. • Councilor Woodard reported on the PRAB goal-setting meeting. He asked about the$1.3 million for the downtown plaza and requested a report from staff so PRAB is aware of what is available. Redevelopment Project Manager showed some images of proposed redevelopment in the southern end of Main Street. PRAB asked about the bond dollars for the public space in that area and the group and said they want to be involved. City Manager Wine said there would be an executive session on this redevelopment soon. Councilor Woodard said CCAC member Paul Miller was present. Suggestions from PRAB were to TIGARD CITY COUNCIL MINUTES -JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 1 of 16 invite baseball and sports organizations to give their input. They may want to use the chalkboard as a straw poll regarding parks and recreation. On February 19 there will be a dedication of the Rotary fitness equipment installed in Dirksen Park. Neal Brown attended the PRAB meeting and thanked the city for removing the structure in Bull Mountain Park. Councilor Woodard mentioned that Bill Peterson of Eagle Home Mortgage located on Hunziker has 60 employees that are very supportive of the city having a fitness/recreation facility. Their nearby fitness center closed. He said there are many area employees that would enjoy a recreation facility. • Councilor Henderson mentioned the Washington County Homeless Program and said each day there are 1,400 homeless people in the county. He noted the county received a large grant to help solve this. • Councilor Goodhouse said he attended the League of Oregon Cities training for newly elected officials. He also met with Community Development Director Asher and Redevelopment Project Manager Fartelly on the downtown urban renewal area. He is going to tour the Lake Oswego-Tigard Water Partnership sites with City Manager Wine and is also planning a police ride-along and tours of city facilities with other departments. B. DISCUSSION ON THE STREET MAINTENANCE FEE Finance and Information Services Director LaFrance introduced the street maintenance fee discussion. He said the last time this was reviewed in depth was five years ago. Assistant City Manager Newton summarized information received from two surveys on street maintenance fees,one sent to businesses and one for residents. Highlights of the surveys: • Both groups are willing to pay more to maintain current conditions. • Forty percent in each group have noticed no change in pavement condition. • Fifty percent of residents believe businesses should help fund right-of-way maintenance. • Thirty-seven percent feel businesses should help fund right of way but only in commercial areas. • Seventy-two percent of businesses support keeping the current fee split. • Sixty percent of residents think businesses should pay more Mayor Cook commented that people still think some county or ODOT streets belong to the city. He suggested listing some county streets commonly considered city streets (Hall Boulevard,99W) in the next survey. Councilor Henderson asked if 50-60 people is a large enough sample. Assistant City Manager Newton said she would always like more. She said over 80 businesses responded but more could be done to increase the number of residents responding. She said they only had 30 residents complete the survey so they put some information in the Cityscape and through social media and got 40 more. Finance and Information Services Director LaFrance said staff is looking for direction from council on any changes to the street maintenance fee or the pavement management program. From prior discussions five policy questions were developed. He said they would not go through the TIGARD CITY COUNCIL MINUTES -JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 2 of 16 background on each but he wanted to let council know what staff is recommending and have a discussion. There will be follow up meetings in workshops or another study session before recommendations will go before council. Mayor Cook said he told the business group that the city would come back to them once policy was developed but before it is enacted. Councilor Woodard commented that the caps should be higher for large businesses. Council President Snider said he agreed and did not understand why there was a cap if the city is attempting to be equitable. Councilor Woodard said the amount of traffic generated by big box stores is huge and the car traffic is not generated by small businesses,which are struggling. He said the residential amount could be reduced somewhat if big retail stores paid more. Mayor Cook asked staff to explain how much revenue would be generated if the cap on large businesses was removed. Engineer McCarthy said there are 29 non-residential users currently capped. If it was removed the city would receive$93,000 more. If the cap was raised to 325 the difference would be$30,000 more collected. Mayor Cook said$80,000 in the scheme of$2 million is not that much. Councilor Henderson gave some history on the parking space caps. He said the grocery association fought it and said they would do things that council found not worth the fight. He said they did arrive at an agreement that stopped the discord but if the city goes to a no cap policy now the ensuing lawsuits will keep our attorneys very busy. Council President Snider said if the true goal is equity,which is the whole purpose of the trip generation methodology,and we have a strong culture in the city of charging people for their fair share of use,he did not know how it makes sense to have a cap. Councilor Woodard said he looks at all the traffic generated by the large retail businesses. He said he is willing to raise the cap and look again at the footprint to define what is large and what is small. Council President Snider said he will be ready to explain to the grocers how council is not willing to have Tigard residents carry more of the burden. Councilor Goodhouse noted that most residents in Tigard try not to use the major roads;they avoid Hall Boulevard or 99W and take back streets through neighborhoods. Customers are not only using major roads to reach them;they are going through side streets and neighborhoods. Finance and Information Services Director LaFrance read through the five policy discussion points: 1. Should the SMF be set with a goal to improve,hold, or downgrade the Pavement Condition Index (PCI)? Finance and Information Services Director LaFrance said the street maintenance fee gets impacted by the PCI goal. Staff recommends increasing the street maintenance fee and setting a ten-year goal to get rid of the backlog,raising the PCI from 70 to 82. This would require a 50 percent increase in the street maintenance fee. Engineer McCarthy said when council last looked at this in the fall of 2009 they initially passed a fee level that would have raised the index over time and fully address the backlog. Due to objections from grocers and others,a compromise was chosen to barely hold the line and to prevent it from getting worse. The PCI has risen from 67 to 70 but there is now a backlog of 22 miles, or 15 percent of city streets. In response to a question from Councilor Woodard on what it would cost to take care TIGARD CITY COUNCIL MINUTES -JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd,Tigard,OR 97223 1 www.tigard-or.gov Page 3 of 16 of the backlog, Engineer McCarthy said it would be around $11 million today. Councilor Goodhouse asked if after ten years,the increase would remain. Council President Snider said what the city is attempting to do is lower the overall maintenance cost per mile. He said the amount should level out or decrease. Mayor Cook asked what portion of the backlog is commercial versus residential. Engineer McCarthy replied that it was two-thirds to three-quarters residential,although there are several commercial cul-de-sacs in bad shape. Councilor Henderson said Sherwood and Tualatin say they can maintain their streets at a higher level for less money in the long term. Engineer McCarthy said if the city had been able to reach the 82 PCI, the cost would have been lower than maintaining a 70 PCI. He said the index will go down because some of the paving money is being used on sidewalks. Engineer McCarthy said the city is required by law to make curb cuts when paving and this cost varies between 10 to 25 percent of the program. He said staff estimates that the city will"just be able to hold our heads above water,"with this unfunded mandate.The cost to keep pavement at the same level is$1.6 million but with the added requirement for ramps the current budget just holds level. Councilor Henderson commented it appeared to him that the city is making$2 million but only spending$1.6 million. Engineer McCarthy said$1.8 million was spent last year. Mayor Cook,Council President Snider and Councilor Woodard agreed that it was desirable to get rid of the backlog. Weather affects the rate of damage to roads and the biggest unknown is the cost of asphalt He said the city has been able to chip away at the backlog but will not be able to do as much due to the curb cut requirement. 2. Funding right-of-way maintenance-Mr. LaFrance said$100,000 from residential customers pays for right-of-way maintenance. Staff is recommending a$50,000 increase to the commercial SMF to be used only for commercial right-of-way maintenance. Public Works Director Rager said another consideration for council is to change the code to allow the SMF to be used for right-of-way maintenance on non-city streets,such as Highway 99W. He said this was based on council's desire for more beautification along that corridor. He said what little is being done now is coming out of the city's operations budget. Councilor Woodard asked if the street maintenance fund could be redefined to include a median maintenance amount to come from the tree mitigation fund. 3. Required curb ramps. Mr.LaFrance said the curb ramps will be discussed later. 4. The source of the SMF is about one-third commercial and two-thirds residential. Is this fair and adequate? The share of one-third commercial and two-thirds residential comes from the Tigard Municipal Code. Council President Snider asked how this ties to actual trip generation and equity. Engineer McCarthy said trip generation is higher on the commercial side. Mayor Cook estimated that is actually more like 55 percent commercial and 45 percent residential. Councilor Woodard said big retail is responsible for bringing in a lot of traffic. Council President Snider suggested adding a surcharge for those stores with more parking spaces. He said Tigard has to capture the revenue from those coming into the city to the large retailers. Councilor Woodard said there needs to be a definition between small and large businesses. TIGARD CITY COUNCIL MINUTES -JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 4 of 16 Councilor Henderson cautioned that raising the business rate will cause it to be passed along to customers. Mr.LaFrance said the staff recommendation gets to this as it suggests that the percentages of the roads do not change but what does is the targeted increase on business for ROW and raising the cap. President Snider said it is not enough and it should be looked at from the perspective of aligning more closely with the 45-55 percentages by figuring out a structure to charge larger businesses. Councilor Goodhouse said some small businesses create no traffic but others do. 5. Should required parking (as a proxy for trip generation) remain the means of distributing the commercial share of the PMP program to businesses?Should the cap on maximum parking spaces remain? Mr. LaFrance said this has already been discussed. Mayor Cook requested that the chart be sent to council in the Thursday packet. EXECUTIVE SESSION: At 7:24 p.m. Mayor Cook announced that the Tigard City Council would enter into an executive session to consult with legal counsel concerning exempt public records,under ORS 192.660(2) (f).The executive session ended at 7:41 p.m. GJ 1. BUSINESS MEETING— A. At 7:43 p.m. Mayor Cook called the Tigard City Council and Local Contract Review Board to order. B. Mayor Cook asked City Recorder Krager to call the roll. Present Absent Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ 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. TIGARD CITY COUNCIL MINUTES -JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 5 of 16 B. Citizen Communication James Castle, 14010 SW Karley Court,Tigard, OR 97223,wants the city to move a deer crossing sign on Ascension Drive down the street to the next lamp post because the deer cross at a point before the posted sign. The address of the current deer crossing sign is 13107 SW Ascension Drive and he recommends it be moved to 13043 SW Ascension Drive. This is closer to where the deer actually cross daily and drivers would get more warning. There has already been a deer killed by a vehicle. Mayor Cook said he might suggest adding another sign in case the deer change their pattern. City Manager Wine said she will pass along this information to the Public Works Department for action. 3. CONSENT AGENDA: (Tigard City Council) Motion to: A. Approve City Council Minutes: • October 28,2014 • November 25,2014 • December 16,2014 Councilor Woodard moved for approval of the Consent Agenda. Council President Snider seconded the motion. The motion passed unanimously. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ 4. INFORMATIONAL PUBLIC HEARING- ESTABLISH A 10-YEAR FRANCHISE AGREEMENT WITH ASTOUND BROADBAND LLC a. Mayor Cook announced the public hearing title. b. Hearing Procedures: Mayor Cook said this is an informational public hearing in which any person shall be given the opportunity to testify. c. IR Staff Report—Assistant to the City Manager Mills said the council will consider a franchise for Astound Broadband LLC tonight. She gave the background on Astound and their negotiations with the city. Astound approached Tigard and discussions began in 2013. TIGARD CITY COUNCIL MINUTES -JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 6 of 16 They requested a phased-in payment approach but that was rejected by staff because the Tigard Municipal Code is clear on franchise fee payment requirements. At the same time, the city was exploring a capital improvement plan for replacement of its outdated communications cable.The fiber system running between city buildings is old and at capacity and will need to be replaced in two to three years. A quote for the work from Astound was $30,000 for fiber replacement. Because the city needed its fiber replaced and expanded for future needs,and Astound desired a reduction in their franchise fee,which the city could not grant,staff negotiated with Astound for a$30,000 credit towards their franchise fee if they would install dark fiber cable for use by city facilities.The City of Tigard will receive a full payment in the form of construction services. Ms. Mills said this does not give Astound a competitive edge over other utility companies in the area. The fiber connects city buildings for city use and is not out in the right of way for general use. The ordinance is effective once negotiations are successfully completed and the dark fiber agreement form is signed by the city manager. Installation of the city's dark fiber will be completed by the end of 2015. She said Mr. Fred Miller from Astound is present and can answer any questions. 8 d. Public Testimony: Councilor Woodard asked if after the $30,000 upgrade to the city's fiber and ten years pass would the payment be back in the form of franchise fees. Assistant to the City Manager Mills said it is possible that enough franchise fees would be owed before the ten years are reached. Proponents—No one signed up to speak. Opponents—No one signed up to speak. Response to testimony by staff—None e. Staff Recommendation—Assistant to the City Manager Mills said staff recommends approval of the ordinance. Mayor Cook would execute the agreement once the dark fiber agreement is signed by City Manager Wine. In response to a question from Council President Snider about what dark fiber is, Fred Miller from Wave Broadband (purchaser of Astound) explained that it is a new cable bundle that will be installed,tested and then left. He said they will know it meets telecom standards and capable of meeting the needs IT staff identified. They will leave it in that condition and that is why it is called dark fiber. Councilor Henderson asked who the current internet provider to the city is. Assistant to the City Manager Mills said there are various internet providers throughout the city. She said Astound is not providing cable TV service. She said the Metropolitan Area Communications Commission manages those services. Councilor Henderson asked if this TIGARD CITY COUNCIL MINUTES -JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 7 of 16 would basically install a trunk line on city property to connect library,police and the rest of the city offices so our computers can be run between city buildings. Any service (Comcast or Frontier, for example) could be brought in through the dark fiber. CPH Astound is in this community anyway. Councilor Henderson asked if Astound is doing business in the Tigard community and Mr.Miller said to do that they need a franchise agreement. They currently have contracts with a variety of cell carriers and they need the franchise agreement to grow in this area. f. Council Discussion-none g. Mayor Cook closed the public hearing. h. Council Consideration: Ordinance No. 15-01 Councilor Woodard moved for approval of Ordinance No. 15-01. Council President Snider seconded the motion. Mayor Cook asked if there was any further discussion and there was none. City Recorder Krager read the number and tide of the ordinance. ORDINANCE NO. 15-01—AN ORDINANCE GRANTING A NON- EXCLUSIVE FRANCHISE WITH ASTOUND BROADBAND,LLC PURSUANT TO TMC 15.06.060 AND DECLARING AN EFFECTIVE DATE A roll call vote was taken by City Recorder Krager. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Mayor Cook announced that Ordinance No. 15-01 passed unanimously. 5. INFORMATIONAL PUBLIC HEARING: FY 2015 SECOND QUARTER SUPPLEMENTAL AMENDMENT a. F1 Mayor Cook opened the Public Hearing. b. Mayor Cook announced that this is an Informational Public Hearing and any person wishing to comment on this matter shall be given the opportunity. C. 10 Staff Report Finance and Information Services Director LaFrance gave the staff report and said there was an in-depth discussion on the second quarter supplemental last week during the joint meeting with the Budget Committee. The total impact of this TIGARD CITY COUNCIL MINUTES -JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd.,T4ard,OR 97223 1 www.tigard-or.gov Page 8 of 16 supplemental will increase the budget by$3.1 million,mostly coming with revenue or contingency funds. He said two items are a rarity because the city is using its reserves. One is the$300,000 to help with city facilities planning and this money has been saved over the years for this purpose. In addition, the Tigard Transportation Advisory Committee ('ITAC) recommended using$1.1 million this year to make up the increase in bid costs for the ODOT McDonald/Gaarde/99W intersection project. This will come from the gas tax fund. d. Public Testimony. No one signed up to speak. e. Council questions. In response to a question from Councilor Woodard, Finance and Information Services Director LaFrance said Exhibit C shows how each fund is changing and page 1 has the summary across all city funds. Councilor Woodard asked where the expenditures are listed. Mr.LaFrance said they are not listed in the summary and he can return to that format in the future. Councilor Woodard agreed that additional information would be helpful. Mayor Cook asked about the police officer sent to TriMet and whether that position is now coming back. Mr. LaFrance said that was not the case;Metro has been paying the city for a police officer but that revenue is going away. Since the revenue is going away so does that FTE. A vacancy exists in the Police Department so no one will lose their job. The officer that had been working for TriMet will move into that position and will patrol in Tigard. Councilor Goodhouse asked for clarification on whether or not money identified for the SW Corridor DEIS has to go to the voters because of recent ballot measures. Mr. LaFrance said it does not. In the adopted budget there is specifically contingency set aside for the first year of the preferred alternatives analysis study. At the time the budget was adopted council was still deciding how it was going to address this so instead of putting it directly into the operating budget it was decided to put it into contingency until the city made a decision. ICJ Mayor Cook asked City Attorney Ramis to explain why or why not the city would be required to go to a vote of the people before spending money on the SW Corridor. City Attorney Ramis replied that the charter requirement does not simply address spending money. It has to do with constructing;at this point we are not constructing anything. He said the city is moving ahead with planning and that is permitted. He said the other charter amendment says the city has to go to a vote of the people before imposing charges and fees related to it and that is not being done here either. Councilor Henderson asked what is remaining in the general fund contingency. Mr. LaFrance said this is addressed in Exhibit C on Page 2. The remaining contingency would be$905,777 if this supplemental is approved. f. Staff Recommendation- Finance and Information Services Director LaFrance said staff recommends adoption of the supplemental budget amendment to the 2015 budget. g. Mayor Cook closed the Public Hearing. h. Council Discussion and Consideration: Resolution No. 15-03 TIGARD CITY COUNCIL MINUTES-JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 ( www.tigard-or.gov Page 9 of 16 Council President Snider moved for adoption of Resolution No. 15-03. Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 15-03—A RESOLUTION TO ADOPT A SUPPLEMENTAL BUDGET AMENDMENT TO FY 2015 TO ACHIEVE THE FOLLOWING/ RECOGNITION OF GRANT REVENUES AND EXPENSES/ ALONG WITH BUDGET ADJUSTMENTS IN PUBLIC WORKS, COMMUNITY DEVELOPMENT, COMMUNITY SERVICES,FINANCE AND INFORMATION SERVICES,AND THE CAPITAL IMPROVEMENT PROGRAM Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Mayor Cook announced the Resolution No. 15-03 passed unanimously. 8. CONSIDER AN ORDINANCE ADOPTING TUALATIN VALLEY FIRE&RESCUE (TVF&R) FIRE CODE ORDINANCE NO. 14-01 18 Building Official Van Domelen said this ordinance will look familiar to all council but Councilor Goodhouse because a very similar ordinance comes to council for approval every three years. He said adoption of this ordinance is necessary because the State of Oregon has decided to do from a three-year cycle to a six-year cycle for the building,plumbing, fire and other codes. Language referring to the three-year cycle existed in the Tualatin Valley Fire&Rescue (IVF&R) fire code necessitating these modifications. TVF&R adopted these changes in their fire code Ordinance No. 14-01. Tigard adopts TVF&R's fire code so council needs to consider adoption of this ordinance. In response to a question from Councilor Woodard,Building Official Van Domelen said there may be mid-term amendments to the code during the six-year cycle but the state will save money by going to a longer cycle. Councilor Henderson asked about the exempt status. He noted that unless a fire agency adopts exempt status, the state becomes the locality's fire department. Mr.Van Domelen said TVF&R had to adopt exempt status through the State Fire Marshall in order to be an independent entity that meets the standards of the fire code. Councilor Henderson asked if any other state fire code trumped the state fire code. Mr.Van Domelen said no,it is the state fire code with one minor amendment specific to TVF&R related to monitoring alarm systems. He noted the state adopts the International Fire Code and amends it into the Oregon Fire Code. TIGARD CITY COUNCIL MINUTES -JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.dggard-or.gov Page 10 of 16 Councilor Henderson moved for approval of Ordinance No. 15-02. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the ordinance. ORDINANCE NO. 15-02—AN ORDINANCE ADOPTING TUALATIN VALLEY FIRE &RESCUE ORDINANCE NO. 14-02 ADOPTING THE 2014 OREGON FIRE CODE AND REPEALING CITY OF TIGARD ORDINANCE NO. 14-10 A roll call vote was taken by the City Recorder and Mayor Cook announced that Ordinance No. 15-02 was adopted unanimously. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ 7. TRANSFER THREE CITY-OWNED PROPERTIES TO THE CITY CENTER DEVELOPMENT AGENCY 19 Redevelopment Project Manager Farrelly presented the staff report on this item which transfers three city-owned contiguous properties on the corner of Burnham Street and Ash Avenue to the City Center Development Agency (CCDA). He said for the benefit of the audience that the CCDA is the city's urban renewal agency and is a separate legal entity from the council so formal council action is required to transfer the property. Mr. Farrelly said Tigard's Municipal Code Chapter 3.44 allows the transfer of city property to a city urban renewal agency under three conditions supported by findings. • The first finding is that Goal 5 of the City Center Urban Renewal Plan is to promote high- quality development of retail,office and residential development that supports public investments being made in the district. The CCDA intends to induce redevelopment on these parcels to bring new residents downtown, to promote revitalization and increased property tax revenue. This transfer will further the objectives of the adopted Urban Renewal Plan. • The second finding is that transfer to the CCDA will further the public interest as it will enable private sector development,promote an economically viable downtown and residential housing opportunities near transit. It will increase property tax revenues by over $1 million over ten years which would benefit all city residents. • The third finding is that the city has authority under ORS 271.310 to dispose of real property when the public interest would be furthered. TIGARD CITY COUNCIL MINUTES -JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 11 of 16 Staff recommends approval of the resolution to transfer the three city-owned,contiguous properties to the CCDA. Councilor Henderson asked if the property is later sold for a profit,would that money go into the CCDA budget. City Manager Wine said that would depend on the terms and the rules of the urban renewal agency and she will check on this question and report to council. Council President Snider said he was supportive of this transfer as council has held prior discussions when making the code changes to allow this. Councilor Woodard expressed support and said there will be huge benefits realized. Councilor Goodhouse moved for approval of Resolution No. 15-04. Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 15-04—A RESOLUTION TRANSFERRING OWNERSHIP OF THREE CITY-OWNED CONTIGUOUS PARCELS (TAX LOTS 2S101AD02800, 2S102AD02900,AND 2S102AD03000) TO THE TIGARD CITY CENTER DEVELOPMENT AGENCY Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Mayor Cook announced that Resolution 15-04 passed unanimously. 8. BRIEFING ON AN IGA WITH METRO FOR PLANNING AND PUBLIC INVOLVEMENT RELATED TO THE SOUTHWEST CORRIDOR PLAN HAssociate Transportation Planner Bernard said the SW Corridor Plan is a regional planning effort considering a suite of transportation and other improvements to serve the SW quadrant of the metropolitan region including roadway,pedestrian,and bicycle,transit and parks and natural area amenities. The planning schedule includes public outreach events in Tigard beginning in April,a recommendation by the steering committee of elected officials and agency representatives on a preferred alternative high-capacity transit design with complementary multi-modal projects, this December.A potential ballot measure to approve high-capacity transit investments could be presented to voters in the 2016 general election. The SW Corridor planning effort is consistent with Tigard's strategic plan vision and the adopted Tigard HCT land use plan. TIGARD CITY COUNCIL MINUTES -JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 12 of 16 Mr.Bernard said the IGA is with Metro for Phase II of the planning and public involvement work related to the SW Corridor Plan.A resolution approving the IGA and authorizing the city manager to sign it has been placed on the February 10, 2015,consent agenda. If council has questions that are not fully addressed, council could remove the IGA approval from the consent agenda for further discussion. Phase II includes refining HCT design options and complementary roadway,bicycle and pedestrian,parks and natural area projects leading to the selection of the locally preferred alternative. A required Draft Environmental Impact Statement (DEIS) will be produced that will evaluate the property,cultural and environmental impacts of the locally preferred alternative. The steering committee guiding this plan accepted staff recommendations to pursue a shared investment strategy in 2013 to fund HCT improvements and complementary multi-modal projects articulated in the locally approved preferred alternative,narrow the set of HCT design options being considered in June 2014,and delayed the DEIS process until a locally preferred alternative is selected. Funding for this planning work is being shared with other SW Corridor Regional partners— Metro,Washington County,Portland and Tualatin. Tigard's share is$375,000 of which$185,000 is authorized in the second quarter amendment budget item on tonight's agenda. The remaining $190,000 would need to be included in the FY 2015-16 budget and would be due to Metro on or before July 15 2015,if approved. Mayor Cook said this IGA saying we are going forward with the planning process and states that the SW Corridor Committee agreed that a local alternative should be decided prior to sending it directly through the DEIS. This IGA says we are willing to share in the locally preferred alternatives. Council considered the funding part earlier in this meeting and now is discussing the IGA to continue moving forward in the process. Councilor Woodard said it is balanced,with Metro paying for the second phase where the details and projects will be identified. He referred to Tigard's urban renewal plan Goal 3 and said there is an opportunity to consider circulation and connectivity and negotiate for projects that we need in the best public interest. He said the city has an opportunity to tell our story and do outreach to the community to find out what our citizens want. City Manager Wine said the IGA could be placed on the February 10,2015,consent agenda or if council was comfortable with it now it could be approved this evening. Councilor Goodhouse requested that it be held over to the consent agenda of February 10. Mayor Cook convened the Local Contract Review Board (LCRB) for the following agenda item. 9. LOCAL CONTRACT REVIEW BOARD—BROWNFIELDS CONTRACT DISCUSSION IRPublic Contracts Manager Barrett discussed an upcoming contract for brownfields work. He said two assessment grants were awarded from the Environmental Protection Agency, $200,000 for hazardous substance contamination and$200,000 for petroleum contamination.This grant TIGARD CITY COUNCIL MINUTES -JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 13 of 16 builds upon the city's 2013$25,000 grant from Business Oregon's Brownfield Redevelopment Fund which funded an inventory of brownfields in downtown Tigard. He said brownfield redevelopment is necessary for Tigard to become a more livable,walkable and economically resilient community with fewer environmental and health risks. The city will focus these resources on its 193-acre downtown urban renewal district,vertical housing zone and sites in Tigard's approximately 1,100 acres of employment land. ElMr. Barrett said the scope of work under the contract is for professional environmental services to manage the initiative,comply with and coordinate public involvement,oversee and administer site inventory and characterization. Main tasks include project management,reporting, community engagement,site inventory, site characterization and clean up planning. The city issued an RFP and five firms submitted proposals. Two were selected for a final round of interviews and staff recommends awarding the contract to AMEC Environment and Infrastructure. Public Contracts Manager Barrett said with council approval staff will bring the contract back for approval on a consent agenda in February. In response to a question from Board Member Henderson,Redevelopment Project Manager Farrelly said staff has the ability to bill against the grant and has already for activities related to the Saxony property in the amount of$34,000. Board Member Henderson asked if he was saying the contract is not for S400,000,but for a lesser amount. Mr. Barrett said it will be$310,000. Redevelopment Project Manager Farrelly said some of the grant will go towards his time,DEQ reimbursement, supplies,and required training. These are required as part of the grant. Board Member Henderson asked if AMEC would be presenting information to the city council. Redevelopment Project Manager Farrelly said there will be a public involvement plan addressing engagement with property owners and information sharing with council. Board Member Henderson said he would like to be kept informed on this as much as possible. Board Member Woodard asked if there was flexibility in using the dollars between the two$200,000"buckets," and Redevelopment Project Manager Farrelly said there was not. Board Member Henderson asked if this would be funneled through the general fund or CCDA budget. Mr.Barrett replied that it was in the general fund. Mr. Farrelly said the downtown will be a focus but the money will be available to other areas of the city. Chair Cook adjourned the LCRB and reconvened the City Council. 10. APPROVE CITY COUNCIL GOALS FOR 2015-17 City Manager Wine gave the staff report on this item. She said council met in December to discuss goal setting. In facilitated sessions in advance Council identified areas they want to set goals in for the next two years. The four areas are the downtown,River Terrace,Tigard Triangle and recreation. The majority of the discussion held in December was about what would be realistic when setting goals in these areas. TIGARD CITY COUNCIL MINUTES -JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 14 of 16 City Manager Wine said another set of issues were identified through the facilitated interviews and these will be discussed at workshop sessions throughout the year. These include future ballot measures, SW Corridor process,annexation strategy,potential charter review and revision,and Highway 99W congestion. Council began a discussion on Highway 99W this month. Based on the December 22 goal setting session,staff has summarized the 2015-17 Council Goals into a document for council consideration and approval tonight. Mayor Cook asked if there was anything missing. City Manager Wine said one addition to the list of discussion items is homelessness,panhandling and the availability of services for the homeless. Council President Snider commented that the facilitated session was valuable. Councilor Woodard thanked Ms.Wine for adding the homelessness item. Council President Snider recommended that Mayor Cook watch and weigh-in on the tape of the January 20 Workshop discussion on Highway 99W congestion since he was out of town. Councilor Woodard praised the expanded opportunities for community engagement. He noted that there is a lot of excitement about the recreation goal. He said when looking at balancing resources and becoming a competitive city, a recreation program is very important and staff and council are doing a good job of meeting this head on. Councilor Henderson said he spoke with a city councilor from Sherwood about charter review, and commented that it is almost too late to get something to happen in Tigard this year. Mayor Cook said if Tigard follows Sherwood's lead and forms a group to coordinate community involvement, they could put any item on the ballot,but will not make the deadline to put it on the November ballot. If council does this on their own,they may be able to meet the deadline. Council President Snider suggested looking at it both ways;council may have suggestions and a community-led charter review might bring forth other ideas. Council President Snider said he is pleased with the change in the title of Goal 2. Councilor Goodhouse said he liked the public outreach and discussion of ballot measures. He said,"If we get more feedback from the citizens we can get the ballot measures right the first time." He added that he would like to improve the look of Pacific Highway through facade improvements, for example. Councilor Woodard moved for approval of the Council Goals for 2015-17. Councilor Goodhouse seconded the motion. Councilor Henderson asked if the goals would be reviewed in 2016 and Mayor Cook said they would. City Manager Wine said staff will send quarterly council goal progress updates. Mayor Cook noted that looking two years out with the goals is similar to the five-year budget projections and gives perspective. Councilor Woodard asked if under Goal 3, third bullet, the Tigard Triangle urban renewal area should include part of Highway 99W. Mayor Cook said that would be in the 99W,not Tigard Triangle discussion. He said Metro said Tigard cannot take that small section of 99W near the Triangle and add it to an urban renewal district. TIGARD CITY COUNCIL MINUTES -JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 15 of 16 Mayor Cook called for a vote on the council goals and it was approved unanimously. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ 11. NON AGENDA ITEMS -None. 12. EXECUTIVE SESSION: At 8:55 p.m. Mayor Cook announced that the Tigard City Council will enter into executive session to discuss the performance evaluation of a public officer under ORS 192.660 (2) (i). Mayor Cook announced that the city council will adjourn from the Red Rock Creek Conference Room after the Executive Session and not return to Town Hall. At 10:05 the executive session ended. 13. ADJOURNMENT At 10:06 p.m. Councilor Woodard moved for adjournment and Councilor Snider seconded his motion. The motion passed unanimously. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ '-�ali&f-,A A tw Carol A. Krager,City Recorder Att t: John . Cook,Mayor Date TIGARD CITY COUNCIL MINUTES -JANUARY 27, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigatd-or.gov Page 16 of 16