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City Council Minutes - 04/12/2016 9 Ci ® tes Tigard ■ Tigard City Council Meeting Minutes April 12, 2016 IR STUDY SESSION At 6:30 p.m. Mayor Cook announced that the Tigard City Council was entering into Executive Session to discuss exempt public records under ORS 192.660 (2)(0. The Executive Session ended at 6:50 p.m. COUNCIL LIAISON REPORTS—Council liaison reports were given. 1. BUSINESS MEETING A. IR At 7:34 p.m. Mayor Cook called the City Council and Local Contract Review Board to order. B. City Recorder Krager called 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 B. Tigard High School Student Envoy—ASB President Azbari gave a report on events at Tigard High. Students have been raising money through the Powder Puff Men's volleyball and Spring Fling. They held a Week of Mental Health Awareness. She said Tigard High as an official chapter of Youth Ending Slavery to raise awareness of human slavery. Elections have begun. Unified Soccer began,which pairs students with and without mental disabilities. The Autism Awareness 5K will be held this Friday at 10:00 TIGARD CITY COUNCIL MEETING MINUTES -April 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 8 C. Tigard Area Chamber of Commerce—CEO Debi Mollahan reported on future activities through the Chamber. After hours networking is on May 3 at 6:30 p.m. at Uptown Market. Tigard Farmers Market is opening in 12 days. The ribbon cutting for the market sprouts community garden boxes will be at 10:00 a.m. A broker's open house was held at the end of March where 35 attendees toured downtown to look at improvements. D. Citizen Communication—Sign-up Sheet. Gerald Maxwell, 11760 SW 92nd Avenue,Tigard OR 97223, mentioned a parking problem on his cul de sac. Cars coming from Greenburg Road apartments are parking on their street and blocking mailboxes. They also seem to be dumping their garbage. Jesus Munoz, 11665 SW 92"d Avenue,Tigard, OR 97223, said he lives on the same corner and cannot find a place to park. There may not be enough parking for the apartments so they spill out onto 92nd Avenue. Stacy McCormick, 11690 SW 92"d Avenue,Tigard, OR 97223, echoed the sentiments of the previous testifiers. She said there are many days neighbors do not get mail because their mailboxes are blocked. There is a boundary but no one knows where it is. She asked if the curb could be painted. She realized people parking there do not intend to cause problems and may not realize the law. There is a sticker on the mailboxes but it is faded and may not show up very well to drivers. Mayor Cook said the mail carrier in his neighborhood will get out and put a sticker on a car blocking the mailboxes. He suggested that staff write an article in the Cityscape about where to park around a mailbox. City Manager Wine said staff will follow up with them on the parking issues and blocking the mailboxes. 3. CONSENT AGENDA: (Tigard City Council) A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: • November 17, 2015 • December 15, 2015 • January 5, 2016 • February 16, 2016 • March 8, 2016 TIGARD CITY COUNCIL MEETING MINUTES -April 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 8 C. AUTHORIZE THE CITY MANAGER TO SIGN AN AMENDMENT TO THE METRO IGA FOR THE FIELDS PROPERTY MANAGEMENT D. CONSIDER A RESOLUTION SUPPORTING WASHINGTON COUNTY MEASURE 34- 243, EMERGENCY 9-1-1 COMMUNICATIONS BOND RESOLUTION NO. 16-12—A RESOLUTION SUPPORTING VOTER APPROVAL OF THE WASHINGTON COUNTY EMERGENCY 9-1-1 COMMUNICATIONS SYSTEM BOND MEASURE Councilor Woodard moved for approval of the Consent Agenda as presented. Council President Snider seconded the motion and it passed unanimously. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ 4. CONSIDER AFFIRMATION OF VARNS STREET RESOLUTION NO 79-86 Assistant Community Development Director McGuire gave the staff report and brought forward a resolution requested by the Rolling Hills neighbors. He said as council was discussing a zone change near Hunziker and Wall Street they also talked about a 1979 council resolution regarding blocking traffic from the Fields property onto Varns Street. The resolution is still in effect but there has been additional discussion with the neighbors and they have requested once again that council approve a resolution affirming Resolution No. 79-86. Mayor Cook invited Nick Frezza to come up and speak on behalf of the neighbors. Nick Frezza of 13275 SW 76`h Avenue,Tigard, OR, 97223,represented his Rolling Hills neighbors. He said many were in attendance and strongly support the proposed resolution. They have continually voiced great concern about traffic being allowed from or to the Fields Trust property onto Varns Street. He said Varns Street is narrow without sidewalks. Cars are limited to passing one at a time. There is also a dangerous entry onto 72"d Avenue from Varns. He thanked the members of council that worked with them. The resolution is simply a reaffirmation of city council intent to support and maintain the 1979 resolution. He said they understand city staff is recommending against passing this resolution. He has heard staff say there is no interest and no plans to come through Varns Street. If this is true,why is there no support for reaffirming this resolution? Since 1979, 37 years have passed. There are now comprehensive plan changes and recent lot line adjustments and zoning changes to the property. ODOT testified in opposition to allowing Varns Street to open. It is crucial to attach Exhibit A to the resolution. He said he respectfully requested approval of the resolution to reaffirm Resolution No. 79-86. There should be no harm ingiving clear and current notice of the city's policy and intention regarding Varns Street. TIGARD CITY COUNCIL MEETING MINUTES -April 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 3 of 8 Council President Snider said it is important to be clear from a staff analysis on what this changes. Assistant Community Development Director McGuire said approving this resolution would not change anything. Consistent with October discussions, the 1979 resolution is clearly still in force. There will be no opening of Varns without another resolution, but we cannot bind future councils. Councilor Henderson recused himself as he may be a neighbor. Councilor Woodard moved to approve Resolution 16-13 and Councilor Goodhouse seconded the motion. Mayor Cook wanted further discussion. He said he was not against the 1979 resolution and agrees that it still stands. He said he did not feel that the plug on Varns Street should be removed. But he said the right time to discuss this is when it is before council with a land use application. That is the appropriate time for consideration and he will not be supporting this resolution tonight. Council President Snider asked if passing a resolution reaffirming a previous one weakens it or has any other impact on the 1979 resolution. City Attorney R.ihala said from a process standpoint generally, resolutions are not reaffirmed. It does not change anything from the 1979 resolution. Councilor Woodard said this act will just relieve tensions and reassure neighbors that it will show future councils that we honor this and stand by it. He said he understood it was not typical but wanted to say it is important. City Recorder Krager read the number and title of the resolution RESOLUTION NO. 16-13 -A RESOLUTION ELIMINATING VEHICULAR TRAFFIC TO OR FROM THE "FRED FIELDS TRUST" PROPERTY VIA THE SW VARNS STREET PLUG, MAINTAINING THE PLUG TO PREVENT THROUGH TRAFFIC AND REAFFIRMING RESOLUTION NO 79-86. Yes No Abstain Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ The motion passed by a majority of council present. 5. DISCUSSION ON UPCOMING CONTRACTS Contracts Manager Barrett and Assistant Finance Director Fitzpatrick gave the staff report on two contracts. The audit Request for Proposals was issued in January and four responses were TIGARD CITY COUNCIL MEETING MINUTES -April 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 8 received. Staff is recommending a three-year contract be awarded to Moss Adams. The potential life amount of the contract is $330,000. The second contract is for the Storm Water Master Plan. Staff scored the responses and OTAK came out on top. Through negotiations staff has an agreement for a $250,000 contract. Councilor Woodard expressed dismay that it has taken so long to update this plan. He asked about the delay. City Engineer Faha said it had not been a priority and there have been lots of changes and regulations. Council President Snider asked what was budgeted and Ms Faha said $250,000 was budgeted. Council gave approval for both contracts to be placed on a future consent agenda. 6. AUTHORIZE THE CITY MANAGER TO SIGN AN IGA WITH METRO FOR THE CONSTRUCTION OF THE FANNO CREEK TRAIL TIEDEMAN REALIGNMENT Parks Manager Martin gave the staff report on this item and said the request to council is to authorize the city manager to approve an intergovernmental agreement with Metro for construction of a new segment of the Fanno Creek Trail. It starts at Tiedeman Avenue and will go through the Swann farm property over the creek to join the trail on the other side in Woodard Park. Clean Water Services is maintaining the Swann property and the city will maintain the new trail. The city hopes to use some of the Swan property for a small parking lot. Metro has authorized $660,000 to pay for construction and the city will build it. Councilor Woodard commented that Tiedeman Avenue is often overflowing with parked cars so a parking lot would be fantastic. Councilor Henderson inquired if the PRAB had approved this alignment and Mr. Martin said it was included in the Greenway Trail Master Plan approved in 2012. Council President Snider moved to authorize the city manager to sign an IGA with Metro for the construction of the Fanno Creek Trail-Tiedeman Realignment. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ 7. INFORMATIONAL PUBLIC HEARING: CONSIDER APPROVAL OF FY 2016 THIRD QUARTER BUDGET SUPPLEMENTAL a. Open Public Hearing—Mayor Cook announced that this is an informational public hearing and anyone shall be given the opportunity to comment. b. Staff Report—Confidential Executive Assistant Lutz said this resolution will amend the FY 2016 Adopted budget to achieve the following: recognize grant revenues and TIGARD CITY COUNCIL MEETING MINUTES -April 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 8 expenses along with budget adjustments in Community Development, Public Works, Community Services, Policy&Administration, and the Capital Improvement Program. C. Public Testimony—No one signed up to testify. d. Council Questions—Councilor Goodhouse asked about the damaged city vehicle that was stolen from outside the Permit Center and whether insurance covered it. If so,why is it listed in this budget supplemental? Public Contracts Manager Barrett said he will check on that but it may be a case where the city needs to replace the vehicle and then submit to the insurance company for reimbursement. e. Staff Recommendation—Staff recommends approval of Resolution No. 16-14. f. Council Discussion—No further discussion g. Close Public Hearing—Mayor Cook h. Council Deliberation and Consideration of Resolution No. 16-14 Councilor Woodard moved to approve Resolution No. 16-14 and the motion was seconded by Council President Snider. City Recorder Krager read the number and tide of the resolution: RESOLUTION NO. 16-14-A RESOLUTION TO AMEND THE FY 2016 ADOPTED BUDGET TO ACHIEVE THE FOLLOWING: RECOGNITION OF GRANT REVENUES AND EXPENSES ALONG WITH BUDGET ADJUSTMENTS IN COMMUNITY DEVELOPMENT, PUBLIC WORKS, COMMUNITY SERVICES, POLICY AND ADMINISTRATION,AND THE CAPITAL IMPROVEMENT PROGRAM Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Mayor Cook conducted a vote and announced that Resolution No. 16-14 passed unanimously. 8. DISCUSS POLICY REGARDING NEWS MEDIA IN EXECUTIVE SESSIONS City Manager Wine led a discussion on a policy to define which media are allowed to attend Executive Sessions. An issue arose out of a conversation a month ago about what type of media TIGARD CITY COUNCIL MEETING MINUTES -April 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 6 of 8 and material could be placed in the newsletter of administrative items. Council asked staff about the definition of news media and who is allowed to attend. She noted that Oregon Public Meeting Law does not have a clear definition. The council can make a definition of who it considers news media in our community. Mayor Cook noted that some councils have already passed a resolution and many more have been discussing this at conferences. Mayor Cook said he is concerned that when council is in executive session they are usually negotiating something like a piece of property and it could be costly if someone leaked that information. City Manager Wine asked City Attorney Rihala what recourse the city has if someone who identifies themselves as the media writes about what they heard in an executive session. City Attorney Rihala said it is difficult and the city could come against a constitutional right. If there was such a breach the city could ban the individual reporter but not the conventional entity. Ms. Wine included an attachment to the agenda item summary that is a model ordinance from a group of city attorneys. She said council could consider terms and factors they want, such as number of paid staff, or whether it has a process for tracking errors,etc. Councilor Goodhouse advised not reinventing the wheel and using what the League of Oregon Cities prepared. Councilor Woodard asked what situation recently occurred so council needs to do this. He said there is already an Oregon statute and asked why would council do this. Council President Snider replied that the statute does not define media. Councilor Woodard said any criteria would be subjective and he would hate to defend it in a court of law. City Attorney Rihala said that is why we defined media as a structured organization rather than a single person.A single person does not meet the credentials. Council President Snider said it is not strong enough. Council President Snider asked Reporter Geoff Pursinger from Tigard Times for his opinion on this. He suggested the city talk to his editor and publisher. The editorial process varies between media outlets. Councilor Woodard said staff and the council have more work to do on this. City Attorney Rihala said the press was involved in this best practices model vetted by them. City Manager Wine will check to see which cities have adopted it. Councilor Henderson asked about the consequences if there is a violation. He has seen violations but never penalties. City Attorney Rihala said free speech prevails and in terms of penalties, there are none. Councilor Henderson asked if an executive session should be cancelled then if there is a reporter present that no one recognizes. City Manager Wine said she heard feedback from council that they want more of an objective process from some news agencies and want to determine which other cities have adopted these kinds of policies. Councilor Woodard noted that there are professionals who use Twitter and blog and all forms of communication are fair game. Ms.Wine said this would come back to a future council meeting agenda. TIGARD CITY COUNCIL MEETING MINUTES -April 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 8 9. NON AGENDA ITEMS None. 10. EXECUTIVE SESSION None held. 11. ADJOURNMENT At 8:57 p.m. Councilor Goodhouse motioned for adjournment. Councilor Henderson seconded the motion and all voted in favor. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Caro A. Krager, City Recor r Att t: 4_4( John%ook,Mayor Date TIGARD CITY COUNCIL MEETING MINUTES -April 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 8