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City Council Minutes - 10/25/2016 Cites Tigard = Tigard City Council Meeting Minutes . • October 25, 2016 STUDY SESSION Council Present: Mayor Cook, Councilor Henderson, Councilor Woodard, Councilor Goodhouse and Council President Snider Staff Present: Assistant City Manager Newton,Assistant City Engineer McMillan,Lake Oswego-Tigard Water Partnership Director Koellermeier and City Recorder Krager COUNCIL LIAISON REPORTS Mayor Cook said the Transportation System Funding Strategies group met to begin strategizing. The Tigard Triangle open house went well with over 50 people attending. People used the entire room for many different activities and were engaged. Councilor Henderson said the Tigard Youth Advisory Council is making plans for their trip to Washington,DC. Four students will travel there this year. He commented that he has seen leadership demonstrated by the members who attended last year. Councilor Woodard said he is interested in getting the state's perspective on resources available for funding park programs. Assistant City Manager Newton said recreational immunity is a big topic at League of Oregon Cities because individual employees can be sued for faulty playground equipment or pothole damage,etc. and the city would be liable. Mayor Cook added that the City of Redmond closed their climbing walls until the legislature plugs this hole in the liability issue. Councilor Goodhouse advised that staff may get complacent and should be more diligent about photo documentation of equipment and infrastructure. CIVIC CENTER FACILITIES PLAN STATUS REPORT Assistant City Engineer McMillan gave the staff report and introduced MWA Architects who gave council a briefing on project progress and next steps. Their slide show has been added to the packet for this meeting. The information gathering segment is almost complete,including public outreach. The findings from the community showed: • Residents love Tigard and the downtown. • Street upgrades are appreciated but traffic remains a concern. • They are not familiar with the site,what services are provided and what the city's needs are. • Voters need education and understanding of the issues before they are willing to spend money on them. TIGARD CITY COUNCIL MINUTES- OCTOBER 25, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.dgard-or.gov Page 1 of 9 The consultants studied staffing and are forecasting a 45 percent staff increase over the next 20 years. Space is already inadequate and buildings are not designed for Category 4. New space could include community spaces such as a plaza, splash pad, community meeting rooms, a commercial kitchen, wellness and exercise space, small commercial spaces and mixed-use development. Structured parking is needed to serve staff and visitors. Emerging themes are public safety and recreation. Kittelson and Associates studied the traffic near the site and recommended reconfiguring the access to minimize traffic impacts. They suggested relocating the entry off of Hall Boulevard 600 feet from the Burnham. MWA Architects said their major findings are: • Everything can fit on the civic center site. • The memorial skate park can remain. • An adjacent lot should be leased for staging and parking. • Existing buildings can remain and be phased out. • Public education is required to explain the needs. • An owner-development model would be the most successful strategy. Future decisions need to be made on existing facilities,property acquisitions and the final site program. When the preferred design option is chosen,a phasing plan,resiliency memo and funding plan will need to be developed. Engineer McMillan will schedule an update for council. She asked that they let her know of any major concerns. Councilor Goodhouse asked about purchasing the bus barn on Hall Boulevard. Engineer McMillan said it was considered once for the public works yard. Mayor Cook said the city has spoken to Tigard- Tualatin School District and they are not interested in selling. Councilor Henderson said there are a few buildings in downtown Tigard that are adequate to move city hall to that would cost between$5-10 million. He commented that phasing the building on the current site will create a mess for five years.The consultants estimated it would not take that long,more like 24 months,if pushed. Administrative Items: 1. The winter council outreach will be at 6-8 p.m. on January 31,2017 at Max's Fanno Creek Brew Pub. Pizza will be served and the business community and neighbors will be invited. 2. The city attorney firm interviews are scheduled for 6:00 p.m. prior to the November 22 business meeting. The schedule is as follows:interviews, dinner,then council meeting. 3. The TVCTV holiday greeting will be taped at around 7:15 p.m. on November 22. Wear holiday attire. TIGARD CITY COUNCIL MINUTES - OCTOBER 25, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 2 of 9 1. BUSINESS MEETING A. At 7:40 p.m. Mayor Cook called the Tigard City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 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. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication— None. B. Tigard High School Envoy—Not present C. Tigard Area Chamber of Commerce—CEO Mollahan gave the Chamber report. Leadership Tigard class started with 18 participants. Their November 8 session will focus on human needs in the Tigard community. October 30 is the last Sunday of the year for the Tigard Farmers Market. The harvest market will be held on November 5 from 10:00 a.m.to 5:00 p.m. at Fowler Middle School. She reported that the Tigard Downtown Alliance Street Fair was a fantastic event and tripled the number of community member attendees. There were more partnerships this year and the TDA is very pleased and looking forward to next year. Trick or Treat Main Street is scheduled for October 31 and a pumpkin in the window of a business means they are participating. D. Citizen Communication— No one signed up to speak. 3. CONSENT AGENDA: (Tigard City Council) — APPROVE CITY COUNCIL MINUTES: • September 13,2016 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. TIGARD CITY COUNCIL MINUTES - OCTOBER 25, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 3 of 9 Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook Vol Councilor Goodhouse ✓ 4. (No LCRB items.) 5. LEGISLATIVE PUBLIC HEARING: COMMUNITY DEVELOPMENT CODE AMENDMENT REGARDING CEMETERY SETBACKS a. Mayor Cook opened the public hearing. b. City Attorney Rihala read the legislative hearing procedures. C. Staff Report: Associate Planner Pagenstecher gave the staff report. A request was received from Crescent Grove Cemetery Association (CGCA) to remove setbacks for grave sites and if the development code is amended it would apply to all currently active and future cemeteries in Tigard. The two working cemeteries in Tigard are Crescent Grove and St. Anthony's. Staff could find no written legislative history in support of setbacks for gravesites and no other Metro area cities have gravesite setbacks. It is consistent with the Comprehensive Plan policies for more efficient use of land within the urban growth boundary and removing the setbacks maximizes the investment of local businesses. A quasi- judicial notice was mailed to property owners within 500 feet of the two active cemeteries and a notice was published in the newspaper and on the city's website. At the Planning Commission meeting no public comment was received. The recommendation to amend the Development Code passed the Planning Commission by a 5-3 vote. Those opposed indicated concern for future impacts on nearby property owners. Mr. Pagenstecher showed a slide of the Crescent Grove Cemetery Association property which indicates the ultimate right of way for Greenburg Road. There is no conflict with eliminating the 15-foot setbacks because the Development Code requires that a future right- of-way line be established and there is a two and one-half foot landscaping setback that continues to be part of this conditional use requirement. Landscaping standards also apply and there is a landscape buffer between the cemetery and adjacent property's (Washington Square) drive aisle. He said Keith Jones is the representative for this proposal and he and Nancy Felton of CGCA are present to respond to any questions. d. Public Testimony: Mayor Cook said no one signed up to testify. He asked if there was anyone present who wished to speak. TIGARD CITY COUNCIL MINUTES - OCTOBER 25, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.dgard-or.gov Page 4 of 9 Keith Jones, Harper Houf Peterson Righellis Inc.,205 SE Spokane Street, Suite 200, Portland, OR spoke on behalf of the Crescent Grove Cemetery Association as the applicant. He said the applicant agrees with the staff recommendation and the Planning Commission recommendation. They also searched the legislative history through a public records request and found nothing in writing but there was institutional memory. He said they do not see a reason for the 15-foot setback as the CGCA already dedicates 20 feet on Greenburg Road. He noted it is important to the community to have enough space to bury loved ones and this is the only non-denominational cemetery in Tigard. Councilor Henderson commented that there are more than two cemeteries within the city limits. Mayor Cook said there are other cemeteries around but they are not active. Council President Snider asked if there were public health reasons for this setback. Mr. Jones said they found none but there are laws regarding burials and he referred the question to the applicant. Nancy Felton,CGCA,9925 SW Greenburg Road,Tigard, OR said she knew of no health hazards and has been in the industry for 40 years. There is a requirement for an outer burial container. e. Council Questions: Councilor Goodhouse asked about the history of the 15-foot grave setback. Assistant City Manager Newton commented that she was a city planner at the time and there was not an ultimate plan for Greenburg Road. The concern was that Washington County said they might in the future want to go to five lanes on Greenburg and the city was reluctant to allow a situation where graves would have to be moved if the county expanded the road. In response to a question from Council President Snider about when the zoning decision was made,Ms. Newton replied that it was 25-30 years ago. Mayor Cook asked Associate Planner Pagenstecher if notices were posted at St.Anthony's Cemetery. Mr. Pagenstecher said notices were not posted but he contacted St. Anthony's Cemetery and they polled their neighbors who signed a statement that they did not object. Mayor Cook confirmed this with neighbors present in the audience. Mr. Pagenstecher clarified that neighbors did receive written notices. Mayor Cook asked about fencing requirements.Associate Planner Pagenstecher said Section 18.330.050.c reads that adequate fencing shall be provided.A fence four feet in height located at least two and one-half feet from the right of way shall completely surround the area and shall meet visual clearance requirements. Mayor Cook asked if this applies to either active cemetery or only to new ones. Mr. Pagenstecher said the CGCA recently did a minor modification and had an existing condition which was not problematic so the city did not require them to put up a fence along Greenburg Road. Mayor Cook noted that when St. Anthony's expanded they chose to put up a fence along Gaarde Road. Mr. Pagenstecher said it is a fair question and the city would require it for a new cemetery but did not for the minor modification. Mayor Cook suggested if the adjacent properties were houses it would be a good idea to require the fencing so that people walking in the cemetery do not stray onto private property. Council President Snider asked if there was a sidewalk along the front of the Crescent Grove Cemetery and Councilor Woodard said there is not. TIGARD CITY COUNCIL MINUTES - OCTOBER 25, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 5 of 9 f. Staff Recommendation—Associate Planner Pagenstecher said the staff recommendation is to approve the Development Code Amendment DCA 2016- 00001 by adopting the ordinance. g. Council Discussion- Council President Snider asked if feedback was received from Washington Square. Associate Planner Pagenstecher said they had no comment. Mayor Cook noted that he talked to their general manager personally who indicated they were fine with the proposed change. h. Mayor Cook closed the public hearing. i. Council Deliberation and Consideration of Ordinance No. 16-21 Councilor Woodard moved to adopt Ordinance No. 16-21. Council President Snider seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 16-21—AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE SECTION 18.330.050.B.10.B.1 TO REMOVE THE 15-FOOT SETBACK FOR GRAVES (DCA2016-00001) City Recorder Krager conducted a roll call vote. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Ordinance No. 16-21 passed unanimously. 6. CONSIDER RESOLUTION TO APPROVE LAKE OSWEGO-TIGARD PARTNERSHIP IGA FOURTH AMENDMENT Tigard Water Partnership Program Director Koellermeier gave the staff report and said the issue is the continuation of a conversation held with council on August 9. The Lake Oswego-Tigard water partnership recommends that an asset be added that was not considered earlier. The Waluga Reservoir No. 1 roof is failing and a structural analysis led to a recommendation to replace the roof. The question was raised whether this reservoir is a Lake Oswego asset or a partnership asset. Staff discussed this with council and the recommendation was to consider this a partnership asset. Lake Oswego council deliberated and passed a resolution to amend the Lake Oswego-Tigard Water Partnership Agreement with Amendment No. 4 to place this asset in the partnership. Their council approved a resolution. Mr. Koellermeier said staff recommends that Tigard council approve this resolution. TIGARD CITY COUNCIL MINUTES - OCTOBER 25, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 6 of 9 Councilor Goodhouse motioned for approval of Resolution No. 16-45. Council President Snider seconded the motion. City Recorder Krager read the number and title of the Resolution. Resolution No. 16-45 -A RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE WATER PARTNERSHIP INTERGOVERNMENTAL AGREEMENT BETWEEN LAKE OSWEGO AND TIGARD REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION,AND OPERATION TO INCLUDE REPLACEMENT OF THE ROOF AT WALUGA RESERVOIR NO. 1 Mayor Cook conducted a vote and the measure passed unanimously. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Resolution No. 16-45 passed unanimously. 7. CONSIDER AMENDMENT TO CITY MANAGER CONTRACT Human Resources Director Bennett gave the staff report. This extension to the city manager's contract is for an additional three year term. Council is being asked to authorize the mayor to sign the agreement on behalf of council. The extension was negotiated by City Attorney Rihala with City Manager Wine. Council expressed interest in ensuring consistency over the next few years as the city moves forward on many important initiatives. For a full performance on the three year contract extension, Ms. Wine will receive a portion of unused, accrued sick leave to roll into retirement. The details of this provision are on page 3 section 3 (f). Councilor Woodard moved to authorize the mayor to sign an extension to the city manager's employment contract and Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MINUTES - OCTOBER 25, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 7 of 9 8. INFORMATIONAL PUBLIC HEARING:DISCUSS AND ADOPT STANDARDS,CRITERIA AND POLICY DIRECTIVES TO BE USED IN EVALUATING THE CITY MANAGER a. Mayor Cook opened the public hearing. b. Mayor Cook announced that any person wishing to comment on this matter shall be given the opportunity to comment. C. Staff Report—Human Resources Director Bennett gave the staff report. She noted that the changes proposed by council for this year have been included. The new rating form includes a rating scale changed from a four-point to a five-point scale. Also, a brief definition of each rating level has been added as an appendix to the form. The process this year allows council to receive feedback provided by city staff and external partners prior to council completing their evaluations. d. Testimony—No one signed up to speak. e. Staff Recommendation—Human Resources Director Bennett said the staff recommendation is to receive input during the public hearing and receive direction from council regarding any suggestions for the input form and process. f. Mayor Cook closed the public hearing. g. Council discussion and direction to staff. Councilor Woodard commented that the standards looked good and he like the additional scoring levels. Council President Snider asked if it was unusual not to have anyone from the public offer testimony on this contract and Ms. Bennett said it was not. City Recorder Krager said she did hear from someone who said they intended to send testimony but none was received. 9. NON AGENDA ITEMS None 10. EXECUTIVE SESSION None Scheduled 11. ADJOURNMENT At 8:13 p.m. Council President Snider moved for adjournment. Councilor Henderson seconded the motion and all voted in favor. TIGARD CITY COUNCIL MINUTES - OCTOBER 25, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 8 of 9 Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ o-( bra Carol A. Krager,City Recorde Attest: — 2- John . Cook,Mayor Ar2 ..�2,.-;� 6/4 Date TIGARD CITY COUNCIL MINUTES - OCTOBER 25, 2016 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov Page 9 of 9