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City Council Minutes - 05/08/2018 City of Tigard Tigard City Council Meeting Minutes • May 8, 2018 R,a ,.=,-;,�.t� ,•,. .,r .. . ='.:.-... .�.:,.:., �` .y.„s„�.9s zv,,ziaf..�.<.- ,E. .�a�T" .et.a�f. '£'s�`�".' x, ..k_,.X z' -ms's”,.ns �-. STUDY SESSION —6:30 p.m. Council Present: Council President Snider, Councilor Woodard, Councilor Goodhouse and Councilor Anderson. Council Absent: Mayor Cook Staff Present: City Manager Wine,Assistant City Manager Zimmerman, City Attorney Rihala and City Recorder Krager A. COUNCIL LIAISON REPORTS Councilor Anderson discussed the Willamette Intake Facility (WIF) meeting that he and Councilor Goodhouse attended and said officers were elected. Council President Snider and Councilor Woodard attended the Tigard Water District meeting with Durham and discussed some outstanding issues. Administrative Items: City Attorney Rihala gave an update to council and said the Martin Appeal is going to the Court of Appeals. Council Outreach: City Manager Wine said the next fifth Tuesday is on July 31 and asked council what they wanted to do for council outreach. National Night Out is the next week. Cookin'with the Council was suggested as a format and it could be held at Rotary Plaza or another downtown location. City Manager Wine reminded council that the May 15 meeting is cancelled. Summer Calendars: City Manager Wine will send out a call for vacation dates. Council President Snider said he will be unavailable on July 31 or August 14. 1. BUSINESS MEETING A. At 7:32 p.m. Council President Snider called the City Council,Local Contract Review Board and Town Center Development Agency to order. B. City Recorder Krager called the roll. TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 12 Present Absent Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ C. Council President Snider 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. Police Update—Police Chief McAlpine gave an update to Council on crime trends in Tigard. Person crimes increased by 28 percent since last year and property crimes are up by 20 percent. There has been a big spike in motor vehicle theft. Chief McAlpine said public safety announcements were sent out regarding leaving valuables in cars. Dispatch calls continue to increase and they are at a 14 percent increase year to date. At the Community Shred event police staff said there were 500 people and 10,000 pounds of paper were shredded. Police will be assisting with National Bike and Walk to work Day on May 9. A safety belt enforcement blitz is upcoming. Councilor Woodard asked if the rash of vehicle thefts were gang related. Chief McAlpine said graffiti is gang related but stolen cars are more related to drug activity. C. THS Envoy Sierra Kruse updated council on Tigard High activities. The Tigerettes just earned first in state and the girls basketball team made it to the playoffs. Students are currently getting ready for prom and elections for next year's leadership positions. D. Tigard Area Chamber of Commerce—CEO Mollahan reported on Chamber activities and upcoming events. Today was the last day for the 2018 Leadership Tigard class. They toured the Police Department,TVF&R Station 51, and received a report on the CERT program. The Tigard Farmers Market held their opening day at their new location last Sunday and they had over 600 patrons, two times last year's opening numbers. Ms. Mollahan thanked Public Works, the Police Department and TVF&R for their help with new market location logistics. She said the Art Walk is scheduled for June 1-3 and will have a Pop-up Gallery at the Tigard Tap House. September 8 is the date for the Downtown Street Fair. E. Citizen Communication. No one signed up to speak. TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 2 of 12 3. CONSENT AGENDA: (Tigard City Council) — A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. PROCLAIM TAKE KIDS TO PARK DAY C. PROCLAIM MAY 20-26 AS EMS WEEK D. CONSIDER RESOLUTION EXTENDING CITY OF TIGARD VOLUNTEERS WORKERS' COMPENSATION COVERAGE RESOLUTION NO. 18-24-A RESOLUTION EXTENDING CITY OF TIGARD VOLUNTEERS WORKERS' COMPENSATION COVERAGE Councilor Goodhouse moved to remove the EMS Week proclamation from the Consent Agenda for separate consideration. Councilor Woodard seconded the motion and all voted in favor. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) Councilor Woodard moved to approve the consent agenda as presented with the EMS Week proclamation removed for separate consideration. Councilor Anderson seconded the motion. All voted in favor of the consent agenda. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) Metro West Ambulance paramedic supervisor Kevin Rench thanked the city on behalf of all EMS workers for their support with this proclamation. Council President Snider expressed appreciation to them for their service and as a former paramedic and person who worked as in EMS for many years,he said the entire community appreciates the work done by everyone in the EMS system. Councilor Goodhouse moved for approval of the EMS Week TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 3 of 12 proclamation and Councilor Anderson seconded the motion. The motion was approved unanimously. Council President Snider and Mr. Rench stood for a photo with the EMS Week proclamation. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) 4. APPROVE RESOLUTION TO APPOINT A PLANNING COMMISSION MEMBER Assistant Community Development Director McGuire presented this item. This appointment is for Melanie Brook to become a voting member to a position vacated by Commissioner Lambert who resigned in April. She has been a regular non-voting member and has attended Planning Commission meetings regularly. Councilor Woodard moved to approve Resolution No. 18-25 and Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. Council President Snider conducted a vote and the resolution passed unanimously. Resolution No. 18-25 —A RESOLUTION APPOINTING MELANIE BROOK AS A VOTING MEMBER OF THE TIGARD PLANNING COMMISSION TO FILL FORMER COMMISSIONER LAMBERT'S UNEXPIRED TERM Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) 5. RECEIVE UPDATE FROM 2017-2018 LEADERSHIP TIGARD CLASS Two members of the 2017-18 Leadership Tigard class, Renee Brouse and Allison Burke, spoke about their experiences and learning opportunities they received as part of this year's class. Several other participants were in the audience. They learned a variety of aspects to the community including government,history, and culture. Due to the impact of Human Needs and Services Day their class chose a project called, "Fresh Start Kits," and collected donated items for 297 kits to be distributed to the area's most needy population. Council President Snider commended the class for coming up with this idea and getting them into the right people's hands. Councilor Woodard asked if they learned how many homeless kids are in the Tigard area. The Point in Time count has not been finalized but the school district estimates there are about 200-300. Councilor Woodard TIGARD CITY COUNCIL MEETING MINUTES— May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 12 commented that this has not changed much over the years. He thanked the Leadership Tigard class for the work they did. 6. CONSIDER A REGIONAL FLEXIBLE FUND IGA FOR MAIN STREET PHASE 2 Assistant City Engineer McMillan gave the staff report and described this first step in a Flexible Fund exchange process that kicks off the Main Street Phase 2. Oregon Department of Transportation, Metro and TriMet have been working together on a fund exchange to de-federalize some projects and bolster other projects that are federalized. This would release ODOT from their agreement,which provided funds for Main Street Phase 2 and then staff will return with another agreement with Metro that provides the funds for this project. The funds from this agreement will go towards the RFFA trail project and some other projects. Councilor Woodard moved to adopt the IGA amendment. Assistant City Engineer McMillan said staff s recommendation for a motion to terminate the local agency agreement with ODOT. Councilor Woodard rescinded his motion. Council President Snider asked for clarification of Agenda Item No. 6 and what action council was being asked to take. Councilor Woodard moved to authorize signing Amendment No. 1 terminating Local Agency Agreement 28978 entered into on May 23, 2013. Councilor Goodhouse seconded the motion. Council President Snider conducted a vote and the motion passed unanimously. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) 7. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN THE FIRST AMENDMENT TO THE TIEDEMAN CONNECTION IGA BETWEEN METRO AND TIGARD Engineering Project Coordinator Staedter gave the staff report and said this project is to fill in one of the gaps on the Fanno Greenway Trail in Woodard Park near the Tiedeman Avenue crossing from Dirksen Nature Park. The project costs changed since 2013 due to the boom in construction projects and the fact that staff realized a larger bridge was needed to handle non-motorized traffic on this trail. After a hydraulic analysis and an ADA grade analysis were complete staff went to Metro and discussed the cost changes. This IGA changes the name of Metro's project management department from their Planning Department to their Program Project Managers and also accepts the additional$140,000 in costs from Metro to complete the project. Councilor Anderson made a motion to approve the IGA amendment between Metro and Tigard for the Tiedeman Connection. Councilor Goodhouse seconded the motion. Council President Snider conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 12 Yes No Councilor Goodhouse `/ Council President Snider ✓ Councilor Woodard `/ Councilor Anderson Mayor Cook (Absent) 8. CONSIDER ORDINANCE TO AMEND TIGARD MUNICIPAL CODE CHAPTER 2.12 a. Council President Snider opened the public hearing. b. Parks Division Manager Martin gave the staff report and said the Park and Recreation Board has requested to change their election of officers so it is more in sync with their board member terms which run July through June. They also consulted with City Attorney Rihala and removed the secretary as an office PRAB votes for because they have not elected one and staff takes minutes for their meetings. Another major change is term limits were also removed. C. No one asked to speak. d. There was no staff rebuttal as there was no public testimony. Parks Division Manager Martin said staff recommends that council adopt the changes. e. Councilor discussion and consideration: Councilor Woodard asked if Mr. Martin was concerned that the lack of term limits will limit the competition or current skill sets. Parks Manager Martin said the City Code said PRAB members can serve two terms but there was an instance where a valuable and experienced member who was the chair had to quit_for a short period and then be reappointed. Councilor Woodard asked if there had been any conversation about a cap on the number of years served. Mr. Martin said anyone on the Board has to reapply every four years. City Manager Wine said the application process for PRAB and other boards and commissions remains the same. She said this request is similar to the direction other boards and commissions are going in removing term limits. f. Council President Snider closed the public hearing. g. Councilor Goodhouse moved to adopt Ordinance No 18-08 and Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. Ordinance No. 18-08—AN ORDINANCE AMENDING TIGARD MUNCIPAL CODE CHAPTER 2.12 TO MAKE THE ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON CONSISTENT WITH THE TERMS OF APPOINTMENT TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 12 Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) Council President Snider announced that Ordinance No. 18-08 passed by a unanimous vote of council present. 9. CONSIDER RESOLUTION AMENDING THE PARK AND RECREATION ADVISORY BOARD BYLAWS Parks Division Manager Martin presented this item. He said it keeps consistency with the changes council approved under Agenda Item No. 8. Term limits are removed and officers will be elected at the first meeting after July 1. Councilor Woodard moved to approve Resolution No. 18-26. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. Council President Snider conducted a vote and the motion passed unanimously. Resolution No. 18-26—A RESOLUTION UPDATING THE PARK AND RECREATION ADVISORY BOARD BYLAWS Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) 10. QUASI-JUDICIAL PUBLIC HEARING: SHELBY ANNEXATION (ZCA2018-00001) a. Council President Snider opened the public hearing. b. Hearing Procedures—City Attorney Rihala read the hearing procedures and said the decision must be based on the following substantive criteria: Community Development Code Chapters 18.710 and 18.720, Comprehensive Plan Goals 1, 11, 12 and 14,Metro Code Chapter 3.09, and Oregon Revised Statutes Chapter 222. C. Council President Snider asked Council if any member had a conflict of interest or ex parte contact. Council responded that they had none. d. Council President Snider asked if anyone in the audience challenged the participation of a Council member. No challenge was raised. TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 12 e. Staff Report—Associate Planner Smith gave the staff report for annexation of a 1.03 acre lot located on the north side of SW Bull Mountain Road and approved last year for delayed annexation as part of Zone 3 annexation. The effective date of Zone 3 was July 27, 2020, however, current property owners wish to annex so they can hook up to city sewer immediately. Public Works staff reviewed this proposal and has determined that the City's sewer system has adequate capacity to serve this property. She had a letter from the applicant requesting this annexation. The requested annexation meets all applicable requirements. On April 16, 2018, the Planning Commission recommended approval of the annexation. f. The applicant will testify. Not present g. Public Testimony: Council President Snider called for any public testimony. No one signed up to speak or requested to testify. h. Response to testimony by staff- There was none. i. Applicant rebuttal to testimony -There was none. I. Council President Snider closed the hearing. k. Council Discussion and Consideration - Ordinance No. 18-09 Councilor Goodhouse moved to approve Ordinance No. 18-09. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance. ORDINANCE NO. 18-09—AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALING APPROXIMATELY 1.03 ACRES, APROVING THE SHELBY ANNEXATION (ZCA2018-00001),AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT City Recorder Krager conducted a roll call vote. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 12 11. COUNCIL CONSIDERATION OF AMENDMENT #6 TO THE CITY CENTER URBAN RENEWAL PLAN Redevelopment Manager Farrelly presented this item and said it is approval of a series of city council and urban renewal board actions resulting in a major milestone in downtown urban renewal—the redevelopment of agency-owned Main Street at Fanno Creek properties into a mixed use development. The first action is council approval of an urban renewal plan amendment adding the two properties to the list of properties to be disposed of under Project I—Real property disposition in the City Center Urban Renewal Plan.A major goal of that plan is to promote high quality development of retail, office and residential uses. There will be a mirroring action of the Town Center Development Agency. Councilor Anderson moved to approve Resolution No. 18-27. Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 18-27 —A RESOLUTION AMENDING THE CITY CENTER URBAN RENEWAL PLAN BY ADDING THE DISPOSITION OF TWO PROPERTIES ON SW MAIN STREET (TAX LOT IDS 2S101AB02000 AND 2S 102AB02100) Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) Council President Snider announced that the motion passed unanimously. Council President Snider convened the Town Center Development Agency Board. 12. TCDA BOARD CONSIDERATION OF AMENDMENT #6 TO THE TOWN CENTER URBAN RENEWAL Redevelopment Manager Farrelly presented this agenda item and said staff is requesting that the TCDA Board approve a plan amendment for these same properties to be disposed of under Project I under the City Center Urban Renewal Plan. Director Woodard moved to approve TCDA Resolution No. 18-02. Director Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. TCDA Resolution No. 18-02— A RESOLUTION AMENDING THE CITY CENTER URBAN RENEWAL PLAN BY ADDING THE DISPOSITION OF TWO PROPERTIES ON SW MAIN STREET (TAX LOT IDS 2S101AB02000 AND 2S102AB02100) TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 12 Yes No Director Goodhouse ✓ Director Snider `/ Director Woodard ✓ Director Anderson ✓ Chair Cook (Absent) Director Snider announced that TCDA Resolution No. 18-02 was adopted unanimously. 13. CONSIDER RESOLUTION FOR TOWN CENTER DEVELOPMENT AGENCY DEVELOPMENT AND DISPOSITION AGREEMENT Redevelopment Project Manager Farrelly presented this item. Authorization is being requested for the TCDA Executive Director to execute a Disposition and Development Agreement with Ava Tigard Development LLC to redevelop the Main Street at Fanno Creek properties. These two properties were acquired by the TCDA in 2015. With the help of$400,000 in EPA Brownfield grants the city successfully cleared and mediated the properties and we are about to receive a Prospective Purchaser Agreement—Certificate of Completion from DEQ. Mr. Farrelly noted that Ava Roasteria is a local chain of cafes and one of the LLC principals is present tonight,Amy Saberiyan. He said the owners will be the principals in the LLC. They have experience developing former brownfields which is a plus. Development plans include a branch of their cafe, a bakery, roasting facility and three or four floors of condominiums with parking underneath the building. There will also be a public deck facing Fanno Creek. A concept plan is posted on the wall in Town Hall which will be similar to an earlier plan but it will pull back the building away from the creek a little more. Exhibit B to the DDA will be the concept plan drawing. Mr. Farrelly said the DDA sets out responsibilities for Ava and the TCDA. The developers will pay the appraised fair market value and earnest money is due five days after execution of the agreement. There will be 12 months to close and during that time they will be submitting the project plans, doing any required land use review, holding a public meeting, and getting the TCDA Board's approval of final plans for the site. They will submit their financial plan for review. Construction will commence in not less than 12 months of closing and must be substantially completed within two years of closing. He noted that Dan Olsen, the attorney who worked on this agreement is present and can answer any questions on the agreement and details. Director Woodard asked if the design establishes piers or if it will be tagged off on the Main Street Bridge. Redevelopment Project Manager Farrelly said the best way to get the public deck is some sort of cantilevering off the side of the bridge or the property. Reestablishing new piers would require an entire new level of review, taking a lot of time and money. Director Woodard asked about the old piers and Mr. Farrelly said the original idea was to use two existing piers to hold up the deck and Clean Water Services and Army Corps of Engineers signed off on that but when the building was removed it turns out that the building was holding the pillars down and in a flood event they may not be safe. Few alternatives were available besides removing them. TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 12 Director Snider said this has been a long time coming and he was excited to act on this. He was glad one of the owners was present and he thanked them for their hard work for the city. City Attorney Rihala recommended the motion be read as printed. "I move to approved Resolution No. 18-03 with Exhibit B to be added upon its completion. Director Goodhouse moved to approve Resolution No. 18-03 with Exhibit B to be added upon its completion. Director Woodard seconded the motion. City Recorder Krager read the number and title of the resolution. TCDA Resolution No. 18-03—A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TOWN CENTER DEVELOPMENT AGENCY TO EXECUTE A DISPOSITION AND DEVELOPMENT AGREEMENT WITH AVA TIGARD DEVELOPMENT LLC TO REDEVELOP THE MAIN STREET AT FANNO CREEK PROPERTIES (TAX LOTS 2S102AB02000 AND 2S102AB02100) Yes No Director Goodhouse ✓ Director Snider ✓ Director Woodard ✓ Director Anderson ✓ Chair Cook (Absent) Chair Snider announced that the motion passed unanimously. He thanked staff for all their work on this for over six years. Chair Snider reconvened the Tigard City Council 14. EXECUTIVE SESSION —None. 15. NON AGENDA ITEMS —None. 16. ADJOURNMENT At 8:28 p.m. Councilor Goodhouse motioned for adjournment. Councilor Woodard seconded the motion and Council President Snider conducted a vote. The motion passed unanimously. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 12 Carol A. Krager, City Recorder Attest: Jaso Hider, Council President Date TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 12