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City Council Minutes - 09/27/2016 e ® City-of Tigard Tigard City Council Meeting Minutes ° . Se tember 27 2016 STUDY SESSION ® 6:30 p.m. Council Present: Mayor Cook,Councilor Henderson,Council President Snider and Councilor Goodhouse. Staff Present:Assistant City Manager Newton,Assistant Community Development Director McGuire, Associate Planner Kowacz and City Recorder Krager A. Council Liaison Reports—Councilor Henderson said the Summerfield Outreach went very well. Council President Snider remarked he would like to duplicate it in another part of the community but it may be difficult to find,another group that is as engaged. Councilor Goodhouse mentioned hearing a discussion about attracting attendees to city meetings and that offering prizes, such as Starbucks cards or raffles was effective. Council President Snider said the difference with the Summerfield community is that they wanted to be there and are very interested in what is going on in the community. In response to a question from Council President Snider,Assistant City Manager said ice cream socials can attract as many as 50-80 neighbors. Council President Snider reported on the Lake Oswego-Tigard Water Partnership Oversight Committee meeting. He said.the group is moving towards identifying the general structure of a future operating agreement which at this point may create a separate entity. He said Tigard supports this. He said there is also discussion on whether to immediately begin funding the depreciation of the project which may double the monthly cost. Council President Snider said the current agreement says the intent of both cities is to fund the depreciation immediately which was decided in the 2008 time period He reported that Mayor Cook found an error in the allocation that when corrected was in Tigard's favor. Money is being put away now for known upcoming maintenance such as filter replacements in ten years. Councilor Henderson asked about money in the budget to help with the Willamette River Water Coalition (WRWC) program. Council President Snider said that money will be in the water fund and comes from future SDCs. Councilor Goodhouse went on a bike tour of Beaverton with the Westside Economic Alliance which included Nike's new construction. All seven new schools are being built to category 4 standards so they can be used as disaster shelters in an emergency. Features include generators, solar panels and separate water pipes that can be filled by trucks in case the municipal water system is compromised. He said this increases the cost of the buildings by only 1-3 percent. Mayor Cook attended a Transportation Strategies Team meeting regarding different grant requirements for regional, state and federal grants. He mentioned the bridge fund grant which will pay for the North Dakota Street Bridge but does not cover ramps or a bike/pedestrian path. TIGARD CITY COUNCIL MEETING MINUTES— September 27, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 1 of 12 B. COMMUNITY DEVELOPMENT CODE PROCESS AND PROCEDURES PROJECT UPDATE Associate Planner Kowacz and Assistant Community Development Director McGuire presented this item. This large project will include updates and fix inconsistencies identified by staff and logged in an improvement database. Many changes are administrative or housekeeping items. It includes changes identified by the Strategic Plan Goal 2 audit for walkability,and Comprehensive Plan Goal 10—housing, to include different types of housing such as detached accessory dwelling units. Examples of what will be in the update: • Recommendation to remove or reduce a conditional use permit requirement for trails already in an adopted city trails plan. • New criteria for approving projects for walkability. • Establish more consistent terminology. • Creation of a"general' adjustment instead of many, specific adjustments. • Develop requirements for detached Accessory Dwelling Units (ADUs) • Develop a lot line consolidation process. Councilor Goodhouse suggested adding a disclaimer or a time limit so this cannot be used to create a development.Assistant Community Development Director McGuire said a time restriction would be about the limit the city can do to prevent property owners from making several separate lot line adjustments in order to end up with a subdivision. Council President Snider asked if this could be coordinated with the county similar to how the spacing requirements apply to both city and county marijuana facility locations. Mr. McGuire said staff can look into it. Ms. Kowacz said this process has three parts and discussed the schedule. • Immediate changes required by FEMA rules and Measure 91 (marijuana establishment spacing limits) —tonight • A reorganization of the Community Development Code to make it easier to understand and consistent —January 2017 • The content changes and policy decisions will be reviewed:: o June July 2017—Public Open Houses o Planning Commission Workshops August—October 2017 o City Council Workshops -November—December 2017 o City Council Adoption—January 2018 Council Questions and Comments:. Mayor Cook asked for sidewalks to be required for single homes constructed on a lot.Assistant Community Development Director McGuire said there is a rough proportionality test for this and that is why it was probably not done in the past. Councilor Henderson asked if he meant he wanted a sidewalk requirement for TIGARD CITY COUNCIL MEETING MINUTES— September 27, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or,.gov I Page 2 of 12 building on a flag lot and Mayor Cook said yes. Mr. McGuire said he would investigate the rough proportionality evaluation and come back with findings. Mayor Cook said a few years ago there was a code issue list that contained the sign code; backyard chickens,etc. and asked if council could receive an updated list. Council President Snider asked if staff has figured out what to recommend about chickens because he still gets a lot of questions. Assistant Community Development Director McGuire said it has evolved to the point that there is an entire legislative project around urban agricultural issues. Councilor Goodhouse noted that Tualatin is looking at regulating food carts. Mr. McGuire said they are already allowed in Tigard if they meet certain criteria. They must be wheeled, can be in any area where a food or restaurant business is allowed, such as a General Commercial Zone;required parking ratios must be maintained if they are in a parking lot and they cannot hook up to water or sewer. He added that staff is looking into allowing food cart pods and this will be folded into the urban architecture section. Administrative Items: Councilor Goodhouse and City Engineer Faha will report on the American Public Works Association Conference at a brown bag lunch presentation at 11:45 a.m. on October 6 in Town Hall. There is a new gas tax video on the website and a mailer went out in utility bills. The Hunziker agenda item was missing legal descriptions and Assistant City Manager Newton handed these out to council. Meeting Changes—The October 11 and November 8 council meetings are cancelled. The October 18 meeting is a combination business/workshop. 1. BUSINESS MEETING A. At 7:32 p.m. Mayor Cook called the City Council and Local Contract Review Board meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ TIGARD CITY COUNCIL MEETING MINUTES— September 27, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 3 of 12 C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook called to Council and Staff for Non-Agenda Items—None 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication— None B. Citizen Communication—Sign-up Sheet. No one signed up to speak. 3. CONSENT AGENDA: (Tigard City Council) A. APPROVE CITY COUNCIL MINUTES: • July 12,2016 • July 26,2016 B. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AN IGA WITH ODOT FOR DESIGN AND CONSTRUCTION OF NEW SECTIONS OF THE FANNO CREEK TRAIL C. CONSIDERATION OF CITYWIDE COLLECTION SERVICES CONTRACT AWARD D. CONSIDERATION OF JANITORIAL SERVICES CONTRACT AWARD E. CONSIDERATION OF CONTRACT AWARD FOR DESIGN OF THE TIEDEMAN RE-ALIGNMENT OF FANNO CREEK TRAIL F. PROCLAIM DISTRACTION FREE DRNING AWARENESS DAY Council President Snider moved to approve the Consent Agenda as presented. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Woodard (absent) Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ TIGARD CITY COUNCIL MEETING MINUTES September 27, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 4 of 12 4. LEGISLATIVE PUBLIC HEARING: DEVELOPMENT CODE AMENDMENT DCA2016- 00002 REQUIRED REGULATORY CHANGES AND FEMA FIRM MAP UPDATE a. Mayor Cook opened the public hearing. b. City Attorney Rihala read the legislative hearing procedures.A copy was available at the front of the room. C. Staff Reports Associate Planner Kowacz gave the staff report oil this hearing to adopt flood insurance rate maps (FIRM) and two text amendments. One amendment is to the floodplain regulations to include critical facility regulations,adding a severability clause and other conflicts identified by FEMA with the National Flood Insurance Program. The other is to change spacing requirements between marijuana facilities from 2,000 feet to 1,000 feet. Associate Planner Kowacz gave some background on the National Flood Insurance Program. It allows property owners who have property within the special flood hazard areas to obtain federally-backed flood insurance.The program also identifies and maps the nation's floodplains and these are placed on the FIRM which is used to determine local jurisdiction regulations,when insurance applies and what the rate might be. Floodplain boundaries are not constant so FEMA periodically amends the floodplain program through updates to the local FIRM and corresponding flood insurance study. The program also provides a community assistant to ensure that floodplain regulations are being adequately enforced. The City of Tigard had a community assistant visit (CAV) in September 2014 and there were a few items identified. One is the severability clause and the others were regulations related to critical facilities, such as hospitals. The city must adopt the updated FIRM and floodplain regulations by November 4,2016. Associate Planner Kowacz said the use and possession of recreational marijuana was legalized by voters in November 4,2014 and on April 21,2015 the city adopted regulations related to marijuana facilities. More recently HB3400-A passed which established the requirements for a land use compatibility statement,taxation and recognized marijuana as a crop. Also in this bill was the provision that local jurisdictions not require more than 1,000 feet between marijuana facilities. Tigard's code,requiring 2,000 feet,does not comply with state requirements. Ms. Kowacz said notices were provided per Tigard Development Code Section 18.360. Measure 56 notices were sent.July 11,2016. The city received phone calls regarding the floodplain map changes and three citizens testified at the Planning Commission. Concerns were expressed about the National Flood Insurance Program in general and how a property can be removed from the floodplain designation. Written testimony was received and is included in the staff report. The Planning Commission asked staff to research a community rating program which Portland and Beaverton have been accepted into that can lead to a reduction in flood insurance rates. Assistant Community Development Director McGuire said to get into the program a city must demonstrate they have numerous programs to protect the floodplain. He said he was involved in the program in Portland and it requires assigning a staff person to be the direct contact with FEMA. Tigard does not have some of TIGARD CITY COUNCIL MEETING MINUTES— September 27, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov J Page 5 of 12 the programs so the city would not have enough points to get a meaningful reduction in rates. He said it requires a fairly extensive staff and resource commitment. d. Public Testimony—Mayor Cook called for public testimony. Art Bahrs, 12170 SW Merestone Court,Tigard,OR 97223,said when he purchased their home they put a clause in the contract that it must be surveyed and found to be out of the floodplain,because the cost of flood insurance rose from$850 per year to$2,900. He said they have had to fight FEMA annually because they believe Mr. Bahrs' house has moved.. His insurance company assisted him in proving that the lines on the map moved but the house did not. He expressed appreciation to Associate Planner Kowacz for her help. He asked what the city can do when FEMA insists that the house moved. He said he has reinforced the grounds and installed retaining walls. Mr. McGuire said he would need to know more about the situation and what FEMA is saying. He cautioned that city staff could look at it and provide documentation but he was unsure of what the outcome would be. Mayor Cook asked about Mr. Edwards'property and Assistant City Manager Newton remarked that it was a similar situation to Mr. Bahrs'property. The city provided previous maps so Mr. Edwards could show documentation that the line location changed,not the house location. Councilor Goodhouse said in the insurance world this is a common issue with FEMA. Mayor Cook asked if there would be rate increases when this is adopted. Ms. Kowacz said there was a rate increase last April. She said there were many properties that had been in the floodplain but now have been excluded. There were incremental shifts along Fanno Creek but several properties were removed. Assistant Community Development Director McGuire said he has not heard during recent public hearings about anyone's rates going up. e. Council Questions: Council President Snider asked about a grammatical error in marijuana code Section C.3.Associate Planner Kowacz said she will correct it to say"lot or parcel." Mayor Cook asked how a property owner can remove themselves from a floodplain and Associate Planner Kowacz said that FEMA has a letter of map removal process.The city keeps track of these and the property owner has to provide documentation. Councilor Henderson said he has gone through this process. His house is five feet higher than Summer Creek. He had it surveyed and was able to show the home was out of the floodplain. He worked with State Farm Insurance and did not find the process that difficult. He reiterated that he removed the house from the floodplain but not the entire lot. Regarding the marijuana code amendment Mayor Cook said council had additional discussion that they want to bring up other than number of feet,including changes to time, place and.manner. Council wants to take another look at Tigard's closing hours,which are stricter than neighboring cities. Also,the council approved not allowing the businesses within the urban mixed-use Central Business District and would like to reconsider that. He understands that staff wants to discuss following the state law on distance regulations but asked if council could consider the other code concerns at the same time. He asked how the TIGARD CITY COUNCIL MEETING MINUTES September 27, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 6 of 12 single code amendment got through Planning Commission when council has these other issues. f. Staff Recommendation: Associate Planner Kowacz said staff recommends council approve the ordinance as is and direct staff to open up the marijuana business regulations at a future meeting for the other policy changes. g. Council Discussion: Council President Snider said he had mentioned desiring changes for six to ten months and was disappointed that council cannot act on them now while making the change in the code for the 1,000-foot distance. He asked City Attorney Rihala about splitting up the ordinance into two and passing the FEMA code update but keeping the marijuana time,place and manner discussion open. City Attorney Rihala said from a broader standpoint the other issues cannot fit into the present ordinance under consideration tonight. Councilor Goodhouse asked if there was a deadline to change to 1,000-feet and City Attorney Rihala said the city has been out of compliance for some time. If an application comes to the city asking for a marijuana facility that is within the 2,000-foot boundary in the current code language, the city would be put in the place of going against state law or going against its own code, neither of which is good. Mayor Cook expressed preference for one hearing to cover all changes to the code related to marijuana. He noted that he does not see agenda items until they have already gone through the Planning Commission hearings. Council President Snider said the Planning Commission should be aware of what direction the City Council is going. Assistant Community Development Director McGuire said it could take as long as four months to get notices out for another public hearing. City Attorney Rihala recommended deferring the second part of the discussion to a date certain and continuing this hearing. Council President Snider asked if additional changes would need to go through the Planning Commission and City Attorney Rihala said it would depend on the scope of the amendments;a time change is not significant;but location changes might require public notice. Mayor Cook said he would like to know what other cities do and not arbitrarily select a number for hours of operation. He also asked to review a map prepared by Associate Planner Floyd that was shown at a previous meeting illustrating location restrictions. He noted there is currently one retail operator in Tigard and another has submitted an application but has not yet opened. The map may need to be changed in a few months to reflect this additional business. He noted that the Planning Commission previously voted to allow marijuana businesses on Main Street but half of the street is not available because of proximity to St.Anthony's School. Council chose not to allow such businesses on Main Street but now some members are reconsidering the north half of Main Street or any Central Business District property on Pacific Highway. He requested maps that include existing 2,000 foot limits shown with 1,000 foot boundaries;Pacific Highway and Main Street. He TIGARD CITY COUNCIL MEETING MINUTES— September 27, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 12 noted that other cities have kept these businesses away from libraries,recreation centers and major parks but pocket parks are not included. Councilor Goodhouse said he wanted to reconsider allowing sites on Scholls Ferry Road, Hall Boulevard and other streets. Council President Snider said he is willing to look at those but does not really want to expand available areas. He asked staff to find out if the Tigard Police Department has any concerns and whether people have the same concerns now that may have had one year ago before legalization. A discussion on process was held and staff was asked if amendments to marijuana regulations could be completed by the November 4 FEMA deadline. Assistant Community Development Director McGuire said he did not think so. Council President Snider asked if the operating hours could be changed and voted on tonight. City Attorney Rihala asked staff to read the notice and after hearing it she advised council not to vote on other items because the notice was quite specific. The council could consider these changes on the October 18 meeting with October 25 as backup. City Attorney Rihala said council could continue the portion of the discussion on the marijuana code changes. h. Close Public Hearing (hearing on marijuana portion was continued) i. Council Deliberation and Consideration of Ordinance No. 16-20 Council President Snider moved to approve Ordinance No. 16-20 with the following changes: Remove Sections 4 and 6; Section 5 becomes new Section 4; second and third "Whereas" clauses are deleted;the first three words in Section 3.0 are deleted;and the reference to marijuana is removed from the title. Councilor Henderson seconded the motion. City Recorder Krager read the number and title of the ordinance. ORDINANCE NO. 16-20— AN ORDINANCE AMENDING THE TIGARD DEVELOPMENT CODE (TITLE 18) TO ADOPT FEDERAL AND STATE REQUIRED REGULATORY CHANGES AND NEW FEMA FIRM MAPS. PROPOSED TIGARD DEVELOPMENT CODE CHANGES INCLUDING UPDATED AND NEW DEFINITIONS RELATED TO FLOODPLAINS TO BE PLACED WITHIN CHAPTER 18.120 (DEFINITIONS);TEXT AMENDMENTS TO CHAPTER 18.775 (SENSITIVE LANDS) TO PROVIDE REGULATION RELATING TO CRITICAL FACILITIES AND ADD A SEVERABILITY CLAUSE, as amended City Recorder Krager conducted a roll call vote. TIGARD CITY COUNCIL MEETING MINUTES — September 27, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 8 of 12 Yes No Councilor Woodard (absent) Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Goodhouse made a motion to continue consideration of Section 18.735 to the date certain of October 18. 2016. Council President Snider seconded the motion and all voted in favor. Yes No Councilor Woodard (absent) Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ 5. CONSIDER APPROVAL OF A RESOLUTION OF NECESSITY FOR HUNZIKER INFRASTRUCTURE RIGHT OF WAY Economic Development Manager Purdy and Senior Project Engineer Newbery were present for the staff report. Mr. Purdy said he brought council information in May on the Hunziker infrastructure project and council recommended moving forward with obtaining the rights of way. He said the next step in the process is for council to approve a Resolution of Necessity. He said the resolution attachments include legal descriptions and a table to coordinate which portions of right of way are in which tax lots and properties. A 30 percent design overview shows segment by segment where the road will be and the amount of right of way needed. He said the Resolution of Necessity authorizes the city manager and legal counsel to take that step if needed. Mayor Cook noted to the audience that this concept has come before council previously in several briefings and the only new documents received tonight were the legal descriptions. Council President Snider moved for adoption of Resolution No. 16-43. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 16-43 A RESOLUTION DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF CONSTRUCTING STREET, PUBLIC UTILITY AND RELATED IMPROVEMENTS ALONG SW WALL STREET FROM HUNZIKER ROAD TO TECH CENTER DRIVE and AUTHORIZING EMINENT DOMAIN AND IMMEDIATE POSSESSION IF NECESSARY TIGARD CITY COUNCIL MEETING MINUTES— September 27, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 9 of 12 Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Woodard (absent) Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ 6. CONSIDER AUTHORIZING A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR BAGAN PARK Parks Manager Martin gave the staff report and said council is being asked to authorize a CDBG grant application for the Bagan Park property on Greenburg Road,purchased with Parks Bond funds in 2010. This area of Tigard is deficient in parks. A design was conceived in a planning session held with area neighbors. Councilor Henderson commented, "Bagan Park was a winner from the beginning and it will be nice to see this developed." In response to a question from Mayor Cook,Parks Manager Martin said staff is in the process of prioritizing projects. Mayor Cook asked staff to print a list showing what may be cut if this project is funded. Parks Manager Martin said this project was delayed in order to gain more certainty on how Parks System Development Charges would be handled. Contracts Manager Barrett added that staff ran a forecast and there will be an adequate fund balance to absorb the costs. In response to a question from Councilor Henderson,Parks Manager Martin said it would not be budgeted until next year. Council President Snider asked if Tigard's grant application would be competitive and Mr. Martin said it would and that is one reason to have higher matching funds from the city. Councilor Henderson motioned to authorize a CDBG grant application for Bagan Park. Council President Snider seconded the motion and the motion passed unanimously. Yes No Councilor Woodard (absent) Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ TIGARD CITY COUNCIL MEETING MINUTES- September 27, 2016 City of Tigard 1 13125 SW Hall Blvd.;Tigard,OR 97223 www.tigard-or.gov I Page 10 of 12 7. LOCAL CONTRACT REVIEW BOARD: DISCUSSION ON UPCOMING CONTRACT Contracts Manager Barrett and Senor Project Engineer Newbury gave the staff report on an upcoming contract for the Canterbury Lane storm line upgrade project. The current storm line was constructed in the 1960s according to standards at that time but without regard for maintenance or and access for visual inspection. The upgrade includes installation of a 12-inch storm line with manholes and catch basin and will meet Clean Water Services requirements and city design standards. Eight bids were received and staff will recommend that council approve a contract with D &T Excavation for$398,000. Councilor Henderson commented that the bids are the closest he has seen in a long time and this tells him that the contractors have confidence in working for the city and staff should be proud. He said Tigard is being looked at as a good place to do business. Mayor Cook asked about the timeframe and if this line is needed for storm water runoff from the single- family homes being constructed on 109`h Avenue. Engineer Newbury said only a small portion of the new homes will drain to this line. Councilor Goodhouse said he has heard questions about water pressure on Canterbury Lane and Engineer Newbury said that will be addressed by a future CIP project and it is not related to this project. Council said this contract could come back as a Consent Agenda item. 8 NON AGENDA ITEMS None 9. EXECUTIVE SESSION At 8:51 p.m. Mayor Cook read the citation for an Executive Session called under ORS 192.660 (2) (i) to review and evaluate,pursuant to standards, criteria;and policy directives adopted by the governing body, the employment-related performance of the chief executive officer. He announced that the Tigard City Council would adjourn immediately after the Executive Session. The Executive Session ended at 9:16 p.m. 10. ADJOURNMENT At 9:17 p.m. Council President Snider moved for adjournment. Councilor Goodhouse seconded the motion and all voted in favor. Yes No Councilor Woodard (absent) Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ TIGARD CITY COUNCIL MEETING MINUTES— September 27, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 12 Carol A. Krager,City Recor r Att'ul John q Cook,Mayor Alz'�, i, �a16 Date TIGARD CITY COUNCIL MEETING MINUTES— September 27, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or..gov I Page 12 of 12