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City Council Minutes - 02/07/2017 City ofTigard = Tigard City Council Meeting Minutes TIGARD February 7, 2017 19 1. BUSINESS MEETING 6:30 p.m. A. At 6:36 p.m. Mayor Cook called the meeting to order. B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ C. Mayor Cook asked the audience to stand for 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. Mayor Cook called on people who signed up to speak. Neil Brown, 13853 SW Boxelder Street,Tigard,OR 97223, discussed the property for sale on Gaarde Street,passed out a map and pamphlet of related material,talked about SDC fees and how they relate to parks, commercial and residential development. He discussed the Park System Master Plan and how there were missing parks in the master plan. Tom Kerrigan, 12945 SW Ridgefield,Tigard,OR 97223 said that Neil Brown spoke for both of them and agreed with what he said. TIGARD CITY COUNCIL MEETING MINUTES — February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 1 of 14 3. CONSENT AGENDA A. APPROVE CITY COUNCIL MEETING MINUTES • December 20,2016 • January 24,2017 B. CITY CENTER DEVELOPMENT AGENCY RECEIVE AND FILE URBAN RENEWAL PLAN ORDINANCES C. APPROVE THE CHANGE IN BUDGET COMMITTEE MEMBERS RESOLUTION NO. 17-03 A RESOLUTION APPOINTING RAJENDRA PATEL AS AN ALTERNATE MEMBER AND WILLIAM LUDWIG AS A VOTING MEMBER OF THE FY 2017-2018 BUDGET COMMITTEE Mayor Cook called for a motion to adopt the consent agenda. Council President Snider motioned to approve the consent agenda and Councilor Goodhouse seconded the motion. Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced that the consent agenda passed unanimously. 4. JOINT MEETING WITH CITY CENTER ADVISORY COMMITTEE Redevelopment Project Manager Farrelly facilitated the joint meeting with the City Center Advisory Committee,explained the interactive story-map located on the city's website which explains the progress and accomplishments in the Downtown Urban Renewal area. Members of the City Center Advisory Committee (CCAC) present included: Chair Carine Andres,Kate Rogers and Richard Shavey. CCAC Chair Andres introduced herself,gave the days and time of their meetings,encouraged the public to attend and talked about her background and interests. CCAC Member Rogers introduced herself and provided council with her background and interests. CCAC Member Shavey introduced himself. TIGARD CITY COUNCIL MEETING MINUTES — February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 2 of 14 CCAC Chair Andres talked about CCAC's 2016 recommendations,specifically the top three recommendations the CCAC believes are achievable and utilize staff and programs in the downtown area: • Walkable downtown and Street improvements -Furnish streets with streetscape improvements make this a great place to walk.A national expert showed that downtown is a good walkable area. CCAC would like to have more walking experiences downtown and recreation programming that is family friendly. • How to make downtown better for business owners—Discuss ideas for shared parking agreements,marketing and improvement districts to help pay for some of these things. This will require buy-in from business owners. • Parking—Add parking signage,improvement programs,lighting to signs to make signage more visible,and put parking and people together. Council President Snider said he is hearing more parking comments at outreach events specifically to the downtown area. The perception is that there is less parking. Councilor Goodhouse thinks the future changes are more of a need for parking on weekends. He has also heard a lot of talk about parking. Councilor Woodard said people feel downtown isn't an area for handicap parking or those with a lack of good mobility. Mayor Cook concurred with signage and said it's good to have two-way signage and that adding a public parking sign is a good idea. CCAC Chair Andres said the idea is to have signage for customer parking and for businesses that would direct them to the appropriate parking area. CCAC Member Shavey said that signage is the main issue and that there is opportunity along Tigard Street. Council President Snider talked about the parking situations in other jurisdictions in areas without off-street parking and how they handle signage. Redevelopment Project Manager Farrelly said they took away no-parking signs and added more parking spaces. Mayor Cook said the city should not over-regulate businesses and should just show them how they may utilize opportunities;that it's up to the business owners to work some of these issues out. Councilor Woodard said he has heard that business owners feel that nobody looks after them. CCAC Member Rogers discussed the 2017 Goals and key projects: TIGARD CITY COUNCIL MEETING MINUTES—February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 3 of 14 • Support of Urban Renewal Agency infrastructure and development projects. The CCAC wants to take a hands on approach and the goal is to monitor,review and provide input on the key projects. • Monitor mid and long-term planning projects and highlight how those impact affordable housing projects. • Invite the Downtown Alliance to CCAC meetings to promote inclusive communication, identify liaisons and their role. • Focus on walkability and how parking is a big part of walkability and develop policy and recommendations for a plan. Mayor Cook said he likes the focus of walkability and having access to trails along with signage. He would like the City Center Advisory Committee to let other groups know what CCAC would like to see from their committees. Councilor Woodard said the Tiedeman site has a lot of parking opportunities. Councilor Anderson asked if they have considered talking to Tualatin businesses and other surrounding communities about possibly relocating their business to Tigard. Mayor Cook talked about last year's walk and talk program. Mr. Farrelly talked about the walk and talk program and said the best way to recruit is to discuss incentive programs. Mayor Cook said adding the walk and talk program back is a good fifth goal for the CCAC to focus on. 5. APPOINT PLANNING COMMISSION MEMBER Assistant Community Development Director McGuire gave the report on this item and explained that due to the resignation of Planning Commissioner Jelenik there was an opening that needed to be filled. Council President Snider motioned to approve Resolution No. 17-04 and Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. A RESOLUTION APPOINTING NATHAN C.JACKSON AS A VOTING MEMBER OF THE TIGARD PLANNING COMMISSION TO FILL FORMER COMMISSIONER JELINEK'S UNEXPIRED TERM. TIGARD CITY COUNCIL MEETING MINUTES — February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 4 of 14 Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced Resolution No. 17-04 passed by a unanimous vote of council. 6. REFER BALLOT MEASURE TO VOTERS FOR TIGARD TRIANGLE URBAN RENEWAL PLAN Senior Planner Shanks gave the staff report on this item. Council President Snider said he would like to see the first letter in each of the words "requires no new taxes" on both ballot measures capitalized. Councilor Goodhouse agreed with Council President Snider. Mayor Cook confirmed the word count for the summary with the city attorney and then asked to add a hyphen between the letter I and the number five (1-5). Councilor Woodard motioned to approve Resolution No. 17-05 as amended and Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. A RESOLUTION APPROVING REFERRAL TO THE ELECTORS OF THE CITY OF TIGARD AT THE MAY 16, 2017 ELECTION,THE QUESTION OF WHETHER TO IMPLEMENT AN URBAN RENEWAL PLAN, INCLUDING THE USE OF TAX INCREMENT FINANCING, FOR THE TIGARD TRIANGLE AS AMENDED Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced Resolution No. 17-05 passed by a unanimous vote of council. 7. REFER THE SUBSTANTIAL AMENDMENT TO THE CITY CENTER URBAN RENEWAL PLAN TO THE VOTERS Redevelopment Project Manager Farrelly gave the staff report on this item and said staff would make the same change of capitalizing the first letter of each word as stated in the previous item. TIGARD CITY COUNCIL MEETING MINUTES— February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 5 of 14 Councilor Goodhouse requested the three commas and the word "and" be removed from the bulleted points located in the summary section. Council agreed. Councilor Goodhouse motioned to approve Resolution No. 17-06 as amended and Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. A RESOLUTION APPROVING REFERRAL TO THE ELECTORS OF THE CITY OF TIGARD AT THE MAY 16,2017 SPECIAL ELECTION,THE QUESTION OF WHETHER TO AMEND THE CITY CENTER URBAN RENEWAL PLAN BY EXPANDING THE SIZE OF THE URBAN RENEWAL PLAN AS AMENDED Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced Resolution No. 17-06 passed by a unanimous vote of council. 8. QUASI-JUDICIAL PUBLIC HEARING—APPEAL: TRIANGLE MEDICAL OFFICE BUILDING AT 72ND AVENUE AND DARTMOUTH Mayor Cook opened the public hearing. City Attorney Rihala read the hearing procedures into the record. Mayor Cook asked if any council member has a conflict of interest or ex parte contact to disclose. Councilor Goodhouse said he had driven by the property. Mayor Cook said he had as well. Mayor Cook asked those in attendance if there were any challenges. There were none. Associate Planner Pagenstecher gave the staff report,went over the material that was delivered to council, supplemental findings and applicant's testimony that was submitted earlier. Council President Snider asked for clarification on who the applicant is and who the appellant is. Mr. Pagenstecher explained the applicant is the original land use applicant and the appellant is the individual who appealed the final findings of the land-use application. Associate Planner Pagenstecher gave background on the site,referred to the vicinity map and explained the purpose of the appeal is to further condition the Planning Commission's Final Findings to include specific access alignment for a future extension along Elmhurst Street west of 72n that would add value to the appellant's property and add costs to the applicant. The basis of the appeal is compliance with Code TIGARD CITY COUNCIL MEETING MINUTES — February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 6 of 14 Section 18.620.020, street connectivity in the Tigard Triangle,which requires that local streets shall provide street connections. Mr. Pagenstecher further explained code requirements,topography of the site, that the extension off Elmhurst is exempt due to the Walmart development,and in lieu of public street between Walmart and the applicant,additional connectivity is met through the proposed and anticipated parking lots. In summary,he said staff finds that the connectivity standards have been met. Mayor Cook asked staff to go further into detail regarding the standard requirements. Mr. Pagenstecher said there are limitations on connectivity within the code today, and the Tigard Triangle and Strategic Plan do show for future streets that are desirable for connectivity,which would include 74`h Street across from the Walmart property from Dartmouth Street going to Hermosa Way,and the extension of Elmhurst Street. Councilor Woodard asked if Elmhurst Street is designed now for the ease of circulation for safety emergency vehicles and for future development. Mayor Cook asked about the additional findings that were submitted earlier that show a curved 74`'Street in the Tigard Triangle Plan as well as Elmhurst extending at 72nd Street to 74`''Street,and if this provided for future connectivity. Mr. Pagenstecher confirmed this to be correct. Council President Snider asked why the Walmart development wasn't conditioned. Mr. Pagenstecher said it was never planned to have connectivity because this development was approved prior to the Tigard Triangle Strategic Plan. Councilor Anderson asked if the road isn't approved now,would it be eventually,and if it doesn't would that be due to the slope in the topography,meaning it would not meet city standards. Mr. Pagenstecher discussed the topography and the slope requirements. He said the downward topography is more challenging,but that it is not precluded. Council President Snider asked if that meets the proportional impact and if in an alternate universe it was precluded to be the opposite,would it be defensible. Mr. Pagenstecher said yes,that it would be roughly proportional and that it is a significant investment. He said public facility improvements on the project were completed and that the other sides do not include public improvements,so there could be significant funds available before reaching a rough proportionality. Councilor Woodard asked if exhibit five of the appellant's exhibits showed a possible solution for a through road. Mr. Pagenstecher said it doesn't meet the road width requirement of 60 feet because the road width in this area is only 30 feet,and additionally the radiuses are too small. Mayor Cook called the appellant up to testify. William Kabeiseman,Attorney with Bateman Seidel,888 SW 5'Avenue,Portland,OR 97204,representing appellant Gordon R. Martin,Trustee of Tri-County Center Trust,distributed a map and said Mr. Martin struggled with filing the appeal since he wants to see the area developed. Mr. Kabeiseman explained there are narrow issues that need to be resolved and that city code requires connectivity at this location. He talked about the recently adopted Urban Renewal Plan and how the Tigard Triangle Strategic Plan shows TIGARD CITY COUNCIL MEETING MINUTES—February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 14 how to connect Elmhurst Street. He talked about the topography, the slope and design,and how the connectivity would provide traffic related benefits,as well as a connection on 74' Street;including adding store frontage benefits to the applicant. Mr. Kabeiseman referred to staff s memo regarding the code revision and the applicant's new arguments that were submitted earlier in response to the appeal. He discussed the different options in their handout that show the basic location of connectivity and how it can be done and avoids additional development while complying with the Tigard Triangle Strategic Plan. He read sections of the city code as it related to street connectivity provisions and how they could be met,as well as city code that specifically applies to the Tigard Triangle Strategic Plan. Mr. Kabeiseman discussed the topography and grading of the property,the pre-existing Walmart development,page two of the engineering analysis where it references the required sixty-foot wide right-of-way and how the engineering standards are not the barrier the applicant makes them to be. He said council needs to ask themselves what the right thing to do is and they need to look to the Urban Renewal Plan and the Tigard Triangle Strategic Plan. Councilor Goodhouse asked about the layout of the land and how and where it slopes. Mr. Kabeiseman explained the slope is to the northwest,so coming straight across,the slope gets steep really quickly. He said by taking the tum,it will even out the contour of the slope,therefore lessening the slope. Mayor Cooked called the applicant up to testify. Dana Krawczuk,Perkins Coie, 1120 NW Couch 97209,Land-Use Council for the applicant,introduced applicant Brian Bennet,Base Camp,members from Compass Oncology,AKS Engineering and the architect. Ms. Krawczuk reminded council that this was not a legislative hearing,but a quasi-judicial hearing,and as such,council was wearing their judge hat and are tasked with interpreting the code based on the required approval criteria. She said in this particular application,the code and adopted street plan within the code are applicable to this application,but that the Tigard Triangle Strategic Plan is not applicable because it came after the application was submitted. She said that while it's an interesting discussion,it is not a discussion for a quasi-judicial proceeding,and therefore,based on this application with these dimensional street connectivity standards,connectivity is not required,with a variance or otherwise. Ms. Krawczuk explained the applicant voluntarily went further and conceptualized how if they were to extend Elmhurst,where would it go,while it's not relevant to the approval criteria,it is good planning and it does not cross the applicant's property. She said that they disagree with the proportionality and stated that this site already contributes to Dartmouth Street. She gave a presentation of the site and talked further about code requirements and what is applicable to this application. There were no further questions from council. There was no public testimony. There was no response by staff. Mayor Cook called the appellant back up for rebuttal to testimony. TIGARD CITY COUNCIL MEETING MINUTES—February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 8 of 14 Bill Kabeiseman,Attorney representing the appellant,agreed this is a quasi-judicial proceeding,but that the applicant carries the burden of showing they've met the required approval criteria and they believe the applicant has not. Mr. Kabeiseman discussed the Lean Code,approval criteria and how connectivity is required. He asked if council is serious about the Urban Renewal Plan and the Tigard Triangle Strategic Plan. Mayor Cook called the applicant back up for rebuttal to testimony. Dana Krawczuk,Attorney representing the applicant,said the rules and criteria are what they are when someone files an application,and you can't pick and choose which approval criteria to apply and not to apply;state law doesn't provide for that. She said connectivity will likely occur,but a road isn't required and cannot go across the applicant's property. She requested council approve the application and deny the appeal. Mimi Doukas,AKS Engineering, 12965 SE Herman Road,Tualatin,OR 97602,said the applicant does meet the connectivity standard with the included pedestrian connection,and it was a very intentional addition to the application and is along the shared property line with the Martin Property. In addition they have the connectivity easement that is required in the conditions of approval in the parking lot for future development. Mayor Cook closed the public hearing. Council President Snider said this is a more organized quasi-judicial proceeding and the applicant and appellant agree on many issues,but asked the city attorney which approval criteria apply and why. City Attorney Shelby said the approval criteria is what she reads in the beginning of the hearing and they are sections 18.810 and 18.620;the Strategic Plan does not apply,only the adopted code sections or relevant laws in existence at the time application was filed. Council President Snider asked for further clarification regarding staff's statement that no connection is required on Elmhurst. He said earlier there was a statement made that if there was a connection on Elmhurst it could go through the appellant's property,though there is a 14.56 percent grade. He asked if the city attorney or staff had anything to add about this. City Attorney Rihala said that ultimately this will be something council needs to make findings on,but in looking at 18.620.020(A.1),"the standard of local streets spacing shall provide for public street connections at intervals of no more than 660 feet",and her interpretation of this asks the question;does this development preclude such spacing where such a connection is needed at this spacing? It doesn't say,is it reasonable,is it a good idea,is it the best idea;it says that there has to be that connection available or not precluded. Council President Snider asked that if the grading was 15.02 percent would they make a different conclusion. Ms. Rihala replied yes,because the code says 15 percent. Mayor Cook asked the city attorney to clarify the May 1,1995 date that was discussed earlier by Mr. Kabeiseman. City Attorney Rihala said she didn't have history on that proceeding. Mr. Kabeisman gave the TIGARD CITY COUNCIL MEETING MINUTES—February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 9 of 14 citation again for this—18.810.308(h). Ms. Rihala again stated she doesn't have history on this and why this date is picked and what the significance of the date is,but she does agree with the rating that it is pre- existing conditions which are determined whether or not the criteria is met. Council President Snider asked for clarification on how this adjusts the council's evaluation of this application. Ms. Rihala responded that 18.810 focuses on what is considered topographically strain,and what prevents that future connection,whereas, 18.620 just states that it shall be provided. You can read the two concurrently,that 18.620 says "is it possible that it will be able to be built there and 18.810 discusses in more detail what those barriers are and would they preclude the development. She said this is focusing on man-made type restrictions on that development;the environmental conditions will always be what they are regardless of when they went into effect. Council President Snider asked if the city attorney agreed that the Triangle Code does not apply. City Attorney Rihala said that the Triangle District 20 does apply,but the Triangle's Strategic Plan does not apply. Mr. Pagenstecher interjected and stated that the applicant has asked for the record to be re-opened to reply. Mayor Cook asked the city attorney for clarification of the plan that does apply and asked what plan was passed by council earlier this evening. Council President Snider said that nothing can apply that wasn't passed prior to the application being filed. Ms. Rihala confirmed that is correct,and it was the Urban Renewal Plan that was passed earlier this evening and it is not relevant criteria for this application. Council President Snider asked what the distance is from Elmhurst to 72"d Avenue. Mr. Pagenstecher replied it is thirty feet. Councilor Woodard asked if it is it up to this particular development to bear the burden of a road. Mayor Cook asked the city attorney if at some point the city could condemn and purchase a corner of this area and require a road here as well. City Attorney Rihala replied,yes,that there's no reason not to,or even form an LID. Mayor Cook said that it isn't something that has to be done now,but could be done in the future. Councilor Goodhouse said since this a quasi-judicial proceeding,they need to determine whether or not the application fits the code or not and he is ready to move forward on this. Councilor Anderson said the burden of the road shouldn't fall on the applicant. Elmhurst is far enough down that it would go across the appellant's property. It's a good design,there is vehicular and pedestrian access through the parking lot and he would approve the resolution as it stands. Council President Snider motioned to approve Resolution No. 17-07 and Councilor Anderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES —February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 10 of 14 A RESOLUTION AND FINAL ORDER DENYING THE APPEAL OF THE PLANNING COMMISSION'S FINAL ORDER NO. 2016-11 APPROVING THE TIGARD TRIANGLE MEDICAL OFFICE BUILDING (PLANNED DEVELOPMENT REVIEW (PDR) 2016-00011 / SITE DEVELOPMENT REVIEW (SDR) 2016-00007) AND ADOPTING FINDINGS Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced Resolution No. 17-07 passed unanimously. Mayor Cook commented that he appreciates the fact that this meets the Strategic Plan by allowing a bike and pedestrian connection,which was not in the original application. He explained council received a lot of information today about this and it's really hard for a council to receive additional information right before the meeting on quasi-judicial matters, and asked if there is any way to cut-off submittal of new information to before actual gaveling of the meeting time. City Attorney Rihala said the city attorney's office and staff are looking at this very thing as part of the procedural cut-off date. 9. CONSIDER DEVELOPMENT AGREEMENT FOR HUNZIKER INFRASTRUCTURE Economic Development Manager Purdy gave the staff report on this item and said representatives Bill Bach and Steve Wells with Trammell Crow were in attendance. Council President Snider said he is excited they've made it to this point and appreciates the creativity. Mayor Cook said council is excited about moving forward and talked about the grants the city has received for this project. Steve Wells,Trammell Crow, thanked Mr. Purdy and said they are very excited about the project. Councilor Anderson said this is a good contract. Councilor Woodard thanked Mr. Purdy for the provision. Councilor Goodhouse motioned to authorize the City Manager to sign the development agreement for Hunziker Infrastructure and Councilor Anderson seconded the motion. Motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES —February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 14 Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook asked Mr. Purdy to explain the recent Regional Flexible Funds Allocation(RFFA) Grant award from Metro. Mr. Purdy said that late last week,Tigard was awarded a$1.7 million RFFA Grant from Metro for the second phase of the project to connect to Tech Center Drive,and that Tigard was highly ranked and one of only four who were awarded funding. 10. CONSIDER TIGARD STREET HERITAGE TRAIL: CONNECTOREGONVI IGA WITH ODOT Economic Development Manager Purdy gave the staff report on this item and explained what the funding will be used for. He said the estimated total project is $1.3 million and explained where the funds would be coming from. Construction window is 2018. Mayor Cook asked about Exhibit A in the project description,what the money can be used for,and to define what site furnishings are. Mr. Purdy said they are working on a matrix for just that and working with ConnectOregon to get clarity on what qualifies as site furnishings. He said some examples like,garden stands,bike racks,signage and benches are clear cut,but others are not. Council President Snider motioned to authorize the City Manager to sign the grant agreement with ODOT for the Connect ORVI Tigard Street Heritage Trail and Councilor Goodhouse seconded the motion. Motion passed unanimously. Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ 11. CONTINUATION OF LEGISLATIVE PUBLIC HEARING TO CONSIDER AMENDMENT TO TMC 15.06.020 PERMITTING FRANCHISE AGREEMENTS WITH SPECIAL&COUNTY DISTRICTS Mayor Cook opened public hearing. Finance and Information Services Director LaFrance gave the staff report and explained this was a continuation from the January 10 meeting. He said Clean Water Services provided comments earlier in the TIGARD CITY COUNCIL MEETING MINUTES — February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 12 of 14 evening that were provided to council,but that Tualatin Valley Water District did decline to provide comments. Council President Snider was under the impression that they were going to have some kind of meeting of the minds with some of the partner agencies. Mr. LaFrance said this has been happening over the course of several months. Council President Snider said he is surprised that the letter from Clean Water Services provided a comment late in the day that does not seem to be very partner friendly. City Manager Wine said there has been discussion between all of the cities that are partners to the intergovernmental agreement that has been running concurrent with the cities proposed changes to the ordinance. She explained there is a hearing scheduled in a few weeks for amendments to this intergovernmental agreement,and that what Clean Water says in their letter is true,that we hope to be able to reach an agreement on the amendments of the intergovernmental agreement that will help to clarify the IGA and what abilities cities will have to charge franchises and what that will look like. But,regardless,the city still has to change the ordinance. Staff understands Clean Water Services comments in the letter and hope the IGA amendments come in the next few weeks and will resolve any questions. She said,currently there is no agreement,however,talks are happening. Council President Snider asked if staff didn't have any other concerns with other comments in the letter to be compelling. Mr.LaFrance explained they've been in discussion with the city's franchise attorney and it is the franchise attorney that had drafted the language in the ordinance before council tonight. Mayor Cook asked if there was anyone from the public who wanted to testify. There was none. Mayor Cook closed the public hearing. Councilor Woodard motioned to approve Ordinance No. 17-02 and Council President Snider seconded the motion. Deputy City Recorder Burgoyne conducted a vote and the motion passed unanimously. AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 15.06 "FRANCHISED UTILITY ORDINANCE"TO UPDATE THE DEFINITION OF "PERSON"AND CLARIFY UTILITY RELOCATION REQUIREMENTS Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced Ordinance No. 17-02 passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 13 of 14 12. EXECUTIVE SESSION At 9:06 p.m. Mayor Cook read the citation for an Executive Session to discuss real property negotiations under ORS 192.660(2)(e). He said the Tigard City Council will adjourn from the Red Rock Conference Room. The Executive Session concluded at 9:27 p.m. 13. ADJOURNMENT Council President Snider motioned to adjourn the meeting at 9:27 p.m. and Councilor Goodhouse seconded. Motion passed unanimously. Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ KeIfy Burgoy e,Deputy dity Recorder Attest: za John Co Mayor Date: 3/7/J N 7 TIGARD CITY COUNCIL MEETING MINUTES — February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 14 of 14