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City Council Minutes - 09/25/2018 City of Tigard Tigard City Council Meeting Minutes September 25, 2018 STUDY SESSION Council Present: Councilor Woodard,Council President Snider,Mayor Cook,Councilor Anderson and Councilor Goodhouse Staff Present: City Manager Wine,City Attorney Rihala and City Recorder Krager COUNCIL LIAISON REPORTS Councilor Goodhouse toured the Wilsonville Water Treatment Plant as part of the Willamette Intake Facility Commission. Councilor Anderson is now on the Executive Board of the Regional Water Providers Consortium. Their strategic plan will be approved in October. He mentioned that the RWPC has produced some nice materials that we are free to use on our website. City Manager Wine will pass that along to the Water Division and Communications Team. Councilor Woodard said the Transportation Strategies Team met the City's new Senior Transportation Planner,Dave Roth and he looks forward to working with him on TTAC. He referred to a"measles map"with dots indicating where compliant ADA ramps are located and where we need them. Mayor Cook requested that the City's GIS staff develop a map that shows which ramps are eligible for CDBG funding. There are strict eligibility guidelines for CDBG projects,based on family income level. Mayor Cook reported on the Washington County Coordinating Committee where they heard about transit funding from House Bill 2017. TriMet is figuring out how to spend the money collected. Portland was excluded from the education transportation to make more money available to other areas but many of them do not have transit running near their schools. He said it would be better to spend money increasing service prior to handing out free bus passes. Councilor Goodhouse suggested that the Safe Routes to Schools program be involved in a conversation with TriMet to help them prioritize. Mayor Cook and City Manager Wine toured the new Fowler Middle School tech education and science classrooms and Mountainside High School. He will follow up on a crossing on Scholls Ferry Road. The Beaverton School District policy is to bus kids from River Terrace across Scholls Ferry and has asked that they do not walk to school. Mayor Cook mentioned that Metro is considering placing a bond for open spaces on the 2019 ballot. Metro President-elect Peterson is interested in spending dollars inside the Urban Growth Boundary for connections. TIGARD CITY COUNCIL MEETING MINUTES — September 25, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 1 of 8 Administrative Items: City Manager Wine briefed Council on a neighborhood issue on Bull Mountain regarding alleged suspicious behavior observed by some neighbors. The Tigard Police and City Attorney have investigated and Police Chief McAlpine said they could not identify any illegal activity or laws broken. Today Mr. and Mrs. Banks contacted the city councilors individually. As with other all- council correspondence,Mayor Cook responded to their email. He reiterated that we cannot take further action since no illegal activity has been observed. The October 2,2018 business meeting is cancelled for a lack of items. 1. BUSINESS MEETING A. At 7:32 p.m. Mayor Cook called the City Council and Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook called for Non Agenda Items from staff and council. There were none. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—Mayor Cook asked City Manager Wine if there is any follow-up to previous citizen communication. There was none. B. Tigard High School Envoy—THS Envoy John Freudenthal gave an update on THS activities and events. Their Back to school theme is "It Starts Here." At the Back to School assembly,the cheerleaders performed and KATU news came. Sports highlights include three undefeated THS teams: Girls Soccer,Boys Soccer and Football. There are a record number of 55 clubs that students can join and Club Rush was a huge success. Homecoming week is October 8. Mayor Cook commented that it is difficult to find access to the gym in the middle of all the construction. C. Citizen Communication—Sign-up Sheet. No one signed up to speak. TIGARD CITY COUNCIL MEETING MINUTES — September 25, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 2 of 8 3. LOCAL CONTRACT REVIEW BOARD—CONSIDER PHOTO ENFORCEMENT SYSTEMS AND RELATED SERVICES CONTRACT AWARD Senior Management Analyst Barrett and Police Lieutenant Eskew presented this item,noting that there was a lengthy discussion held at last week's council meeting. Staff issued an RFP for services in July and after staff review,the top two firms were selected for the interview phase. Conduent State&Local Solutions,Inc. is the firm staff recommends the city contract with for photo red light enforcement. Based on research conducted with similar jurisdictions,traffic study results and ODOT crash data,Tigard's Police Department identified three intersections with eight total approaches on Pacific Highway that are preferred to install photo red light enforcement cameras. These are: • 99W and SW Hall Boulevard • 99W and SW Durham Road • 99W and 72nd Avenue Senior Management Analyst Barrett said the total cost of the contract is $2.1 million over five years. Council President Snider moved for approval of the photo enforcement system and related services contract as presented. Councilor Anderson seconded the motion. Councilor Woodard said he was in favor of the system but questioned the first year impact on the general fund by bringing it forward now and covering the initial outlay. He requested a discussion prior to a vote. Councilor Goodhouse said the way it is set up is that the city will outlay the initial cost but as revenues start to come in the money will be paid back. City Manager Wine clarified that council is considering action on the contract itself and in mid-October will see a budget supplemental that shows that it is coming from the general fund contingency,not the reserve fund. She said the general fund will fund the program up front and Councilor Goodhouse is correct in saying that the first thing to be funded when the revenues come in is the program cost. Councilor Woodard asked how much money was in the contingency. Mr. Barrett responded that there is typically$1 million in the general fund contingency. Councilor Woodard said his concern was that using$440,000 of it leaves a shortfall if we need the contingency to fund some budget shortfalls.He said he wanted full disclosure on how this impacts the budget shortfall. Mr. Barrett said he will pass that concern along to Finance Director LaFrance. He added that there are also ending fund balance reserves that could be used to make it up and also, the revenue will not be recognized in the budget until this is paid first.This will be identified in a future supplemental. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ TIGARD CITY COUNCIL MEETING MINUTES — September 25, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 3 of 8 4. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE TO AMEND THE TIGARD MUNICIPAL CODE REGARDING RIGHT-OF-WAY ENCROACHMENTS A. Mayor Cook opened the public hearing. B. Mayor Cook announced that anyone may offer testimony and said a sign-up sheet was located at the front of the room. C Senior Project Engineer Enloe gave the staff report. She presented a PowerPoint illustrating examples of right-of-way encroachment such as street furniture located on a sidewalk, or mailboxes encased in a structure,a wall or a fence. The city currently does not regulate or monitor encroachments into the improved right of way.This proposed amendment to the TMC creates a process for the city to regulate,monitor and enforce right of way use related to encroachments. Staff recommends approval of the proposed TMC amendments. Council President Snider asked how existing conditions will be treated and was there a non- conforming use. Senior Project Engineer Enloe said the changes will allow existing encroachments into the public right of way to remain in place unless it is discovered that they create a safety hazard or are tied to a new land use review. Councilor Woodard asked how many complaints are received about tables,benches or chairs. Senior Project Engineer Enloe said she did not know the number but this will create a mechanism to enforce it if complaints are received. Councilor Woodard referred to the retaining wall example and asked who would pay for a revision if the city decides it is in the public right of way. Ms. Enloe said as long as it does not create an issue currently,it will be allowed to remain in place. But if it was placed over a water line or something the city needed to access that cost would fall to the property owner because they put it in the right of way. Mayor Cook brought up a recent situation where something was built in a wetland so it could not be grandfathered in as an existing encroachment because it broke another regulation related to the wetland. He added that inside our urban renewal area the examples of street furniture come into play as we widened the sidewalks in Main Street/Green Streets Phase 1 to allow this purpose. The hard part is that we do not have wide sidewalks in every part of the city. He's seen in Portland where someone takes a few parking spaces to place street furniture. It would be good to have a permit process if that comes up in Tigard. Councilor Goodhouse asked about shrubbery or plants. Senior Project Engineer Enloe said it is not intended to include landscaping unless there are planters or planter boxes. City Attorney Rihala said the definition of an encroachment is a"privately-owned structure, furnishing,hardscape, or underground system." She said pole-mounted mailboxes are exempt. Mayor Cook mentioned that he recently had to replace a mailbox and was required to use a break-away pole for safety reasons because of new standards. D. Public Testimony—No one signed up to testify. TIGARD CITY COUNCIL MEETING MINUTES — September 25, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 4 of 8 E. Response to testimony by staff. There was no testimony so no response was required. F. Mayor Cook closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 18-19 Councilor Goodhouse moved to approve Ordinance No. 18-19. Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 18-19—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 15.16 REGARDING ENCROACHMENTS INTO RIGHTS-OF- WAY AND PUBLIC PROPERTY City Recorder Krager conducted a roll call vote. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook announced that Ordinance No. 18-19 was adopted unanimously. 5. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE TO AMEND THE TIGARD MUNICIPAL CODE CHAPTER 6.02 REGARDING RIGHT-OF-WAY ENCROACHMENTS A. Mayor Cook opened the public hearing. B. Mayor Cook announced that anyone may offer testimony and said a sign-up sheet was located at the front of the room. C City Attorney Rihala gave the staff report. She acknowledged the City's Engineering and Community Development departments and thanked staff for their review. She said this TMC change mirrors the changes for the city's nuisance code. It can be abated through code enforcement. These changes made updates to nuisance code and correct an incorrect reference to the city's sign code. D. Public Testimony-Mayor Cook will call upon those who have signed up to testify. No one testified. E. Response to testimony by staff. None required because there was no testimony. F. Mayor Cook closed the public hearing. TIGARD CITY COUNCIL MEETING MINUTES— September 25, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 8 G. Council Discussion and Consideration: Ordinance No. 18-20 Council President Snider moved to approve Ordinance No. 18-20. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 18-20—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 6.02.340 REGARDING UNAUTHORIZED ENCROACHMENTS City Recorder Krager conducted a roll call vote. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook announced that Ordinance No. 18-20 was adopted unanimously. 6. PUBLIC HEARING: CONSIDER RESOLUTION AMENDING MASTER FEES AND CHARGES SCHEDULE A. Mayor Cook opened the public hearing. B. Mayor Cook announced that anyone may offer testimony and said a sign-up sheet is located at the front of the room. C City Attorney Rihala gave the staff report. Council just approved the language allowing enforcement so there needs to be permit fees. The resolution imposes a$100 encroachment permit application fee and a$250 appeal fee for appeals of an encroachment permit denial. The$250 appeal fee is the same as a Type 11 Appeal to the Hearings Officer, so that cost is consistent. The$100 permit fee is smaller than our other permit fees. A sign permit is $218 and a facility improvement has a minimum $300 fee so staff thought that $100 was a good starting point given the engineering review some will require. In response to a question from Mayor Cook on who this would be appealed to,City Attorney Rihala said it would be the Hearings Officer. D. Public Testimony-Mayor Cook asked if anyone wished to speak. There were none. E. Response to testimony by staff. None F. Mayor Cook closed the public hearing. TIGARD CITY COUNCIL MEETING MINUTES — September 25, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 8 G. Council Discussion and Consideration: Resolution No. 18-42. Councilor Woodard asked if the$100 encroachment fee and$250 appeal amounts were fair and comparable. Mayor Cook said the$250 is equal to other appeal costs and staff is erring on the inexpensive side. Councilor Woodard commented that he wanted the public to hear a little more about this so they do not think this is price gauging. City Attorney Rihala said this is not just a"check the box"approval as engineering staff will need to review it to make sure it does not interfere with public utilities and is safe. Council President Snider asked if the$100 amount was enough to cover staff review and City Attorney Rihala said it is a good starting point. Councilor Anderson moved to approve Resolution No. 18-42. Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 18-42—A RESOLUTION AMENDING THE MASTER FEES AND CHARGES TO ADD FEES RELATED TO ENCROACHMENT Mayor Cook conducted a vote and announced that the motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ 7 CONSIDER RESOLUTION AUTHORIZING A CDBG GRANT APPLICATION FOR FREWING STREET SIDEWALKS New Senior Transportation Planner Roth introduced himself. He requested council approval to proceed with a Community Development Block Grant (CDBG) application to fund a sidewalk on Frewing Street between Highway 99W and Ash Avenue. Funds will complete a much-needed segment of sidewalk and related improvements to the east side of the street. Currently,residents on the street,including those living in two nearby apartment complexes are forced to walk in the roadway when accessing nearby businesses,going to transit stops or even get on or off the school bus. Mr. Roth said this meets the City's Strategic Plan and goals around equity and transportation. In the past,Tigard received CDBG grants for North Dakota and 95`'',Commercial Street and Garrett Street. Cost figures are moving because of the creek sensitive areas which may make the cost a bit higher. Councilor Anderson asked when the grants will be awarded. Mr. Roth replied that applicants would hear this fall or winter and if we are successful,construction could begin January 1. Council approval on a resolution is required as part of the grant application. Councilor Woodard said this would be money well spent as this area really needs this sidewalk. Councilor Woodard moved to approve Resolution No. 18-43. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. TIGARD CITY COUNCIL MEETING MINUTES — September 25, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 8 Resolution No. 18-43—A RESOLUTION AUTHORIZING A COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) GRANT APPLICATION FOR CONSTRUCTION OF A SIDEWALK AND RELATED IMPROVEMENTS ON ONE SIDE OF SW FREWING STREET Mayor Cook conducted a vote and announced that the motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ 8. EXECUTIVE SESSION None was held. 9. NON AGENDA ITEMS 10. ADJOURNMENT At 8:06 p.m. Council President Snider motioned for adjournment. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Z y"y Carol A. Krager,City RecoAcr Atter% il John Look,Mayor 0e, , 1 i�v o2 o!s' Date TIGARD CITY COUNCIL MEETING MINUTES — September 25, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 8