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City Council Minutes - 02/05/2019 City ofTigard Tigard City Council & Town Center Development _ Agency Meeting Minutes . . February 5, 2019 NEW- 1. BUSINESS MEETING A. At 6:33 p.m. Mayor Snider called the meeting to order. B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider C. Mayor 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 (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication—City Manager Wine mentioned that council had received feedback about issues related to the road network in the River Terrace neighborhood. She said this issue could be coming forward to council in the future as a land use matter. B. Citizen Communication—Sign-up Sheet. Ahsha Miranda, 11675 SW 90`h Avenue,Tigard,OR 97223,asked council to press the pause button on the consideration of amending the lease with Ferguson Enterprises and providing relocation assistance in order to move toward construction of the Universal Plaza. Ms. Miranda said she is concerned about the amount of money for relocation assistance and worried this location may not be best suited for such a plaza. She asked council to consider alternative sites that provide for more community engagement and accessibility. TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT MEETING MINUTES — February 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 1 of 14 3. TCDA JOINT MEETING WITH TOWN CENTER ADVISORY COMMISSION Redevelopment Project Manager Farrelly presented this item and members of the Town Center Advisory Commission in attendance were Renette Hier,Tom Murphy,Faez Soud,Kate Rogers, Tim Myshak,Gloria Pinzon,and Ryan Ruggiero. TCAC Chair Rogers discussed the 2018 TCAC goals,walkability,and connectivity across both Urban Renewal Districts,TCAC's recommendations and opportunities to collaborate with developers and agencies for affordable housing,acquiring land in the Tigard Triangle for public spaces and other sources of funding like grants. She discussed their 2019 goals for Downtown, Tigard Triangle,SW Corridor,affordable housing and equitable business development. TCAC Member Ruggiero talked about the SW Corridor project and said they are trying to take this project to the next level and help staff activate areas around the SW Corridor. They want to look at stations around the Tigard Triangle as a place to bring activity and mixed use development. He said they are excited about the SW Corridor and excited to explore opportunities. TCAC Member Pinzon talked about the importance of continuing to focus and build on affordable housing in Tigard and said the TCAC wants to help support the city with this. TCAC Chair Rogers explained the committee's key focus is education,equitable business development and making their goals all action goals. She discussed planned activities, their agenda for next year,and asked council if there are any activities they should concentrate more on then others. She would like the council to use them as a resource. Chair Snider invited the TCAC to come before council again before the end of the year if they feel they need to,and said their actionable items are great. Director Anderson said they are on the right path and he knows that some of these items,the committee has been working on for a while. Director Newton was pleased to see them focusing on affordable housing in context with the two districts,and doing work on Hall Street Station so they can do what they can to connect this to the Downtown area. Director Goodhouse said it would be great if they could present even smaller items in the Downtown area in a report to council. Director Lueb thanked the committee for their service and said their goals are headed in the right direction. Chair Snider asked the TCDA if there is anything on their list that should be done sooner rather than later. Director Anderson said the station in the SW Corridor area is important. TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT MEETING MINUTES — February 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 14 TCAC Chair Rogers said they would be ratifying these goals at their next meeting and will let council know if they would like to meet again. TCAC Member Pinzon said they would like to hear from the business community and asked council to encourage people to attend their meetings. Chair Snider asked staff how they could be more deliberate about this. Mr. Farrelly said staff does invite the business community within these two areas to come to meetings,but that they could do some more outreach. 4. URBAN RENEWAL BEST PRACTICES Redevelopment Project Manager Farrelly and Elaine Howard,Elaine Howard Consulting,LLC gave a PowerPoint presentation and held a discussion on Oregon Urban Renewal Best Practices. Ms. Howard talked about relationships between advisory committees and agencies, opportunities for improvements,redevelopment and funding sources,and said urban renewal is one source that can bridge the gap. She explained how property tax revenues work,what happens when these taxing districts grow,and how urban renewal funds can be used. She showed how cities in the Portland Metro area use urban renewal funds,discussed blighted areas,how an urban renewal area functions,how urban renewal leverages the city's tax rate,urban renewal calculation,distribution and collection and urban renewal's impact to taxing districts. She talked about urban renewal's indirect impact to local schools, state limitations on urban renewal,including maximum indebtedness not allowing for more than a 20%increase,and how an urban renewal plan is adopted. She discussed pending legislation and talked about the Tigard Triangle Urban Renewal area and the City Center Urban Renewal area;when each of them were approved,total acres,term of each plan,assessed value and goals. Mr. Farrelly talked about completed and current projects in each district and explained which ones were partially and fully funded through urban renewal dollars. Director Newton said it is difficult to explain to people what the term"blighted"means,and asked Ms. Howard to explain this. Ms. Howard said the Tigard Triangle is a good example of this. This area has a large amount of undeveloped land that allows the city to help guide what the development will look like. She said if nothing is done then the city could end up with a developed area that does not further the goals council established for the city. If the area developed on its own,there is a possibility the city could have less dense development and uses that do not activate the area. Urban renewal helps address and manage development that gives amenities that allow for a better quality of life. Director Newton said it also provides more tax revenue in the end. TCAC Chair Rogers asked if there are any other restrictions on how the money in these districts could be used. Ms. Howard said within ORS 457,which governs urban renewal,there is a section TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT MEETING MINUTES — February 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 3 of 14 that lists the types of projects that can be funded through urban renewal dollars. TCAC Member Murphy asked if urban renewal bonds have a duration beyond the life of the urban renewal plan. Ms. Howard explained that the city's urban renewal has specific language that addresses this. TCAC Member Ruggiero asked if public space areas are not subject to the public building debate. Ms. Howard said right now, the definition does not include parks and plazas;it only includes buildings. TCAC Member Myshak asked how funding and planning of a district is affected due to the current assessed value being lower than the base. Ms. Howard explained it does affect it because there is no money to spend until the city receives tax increments out of that area. She explained that until the tax increment goes above the frozen base,the city would not receive any money. Mr. Farrelly said staff is currently working with the Washington County Tax Assessor and individual utility companies,and staff is confident this will not be an issue next year. City Manager Wine reminded the TCDA that in the second quarter supplemental budget,the city provided general fund money to urban renewal,so as not to interrupt the urban renewal budget. 5. TCDA CONSIDERATION OF AMENDMENT#7 TO THE CITY CENTER URBAN RENEWAL PLAN MINOR AMENDMENT Redevelopment Project Manager Farrelly presented this item. He discussed the project,added requirements in the plan the board must approve and said this is a top priority of the TCAC. Director Newton asked if the city's parks staff would maintain this. Mr. Farrelly replied yes. Director Anderson motioned to approve TCDA Resolution No. 19-01. Director Goodhouse seconded the motion. Motion passed unanimously. TCDA Resolution No. 19-01 —A RESOLUTION FINDING THAT BUILDING A PUBLIC RESTROOM IN THE ROTARY PLAZA BENEFITS THE CITY CENTER URBAN RENEWAL AREA AND APPROVING A MINOR AMENDMENT TO THE CITY CENTER URBAN RENEWAL PLAN Name Yes No Director Goodhouse Director Newton Director Lueb Director Anderson Chair Snider TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT MEETING MINUTES — February 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 14 6. TCDA CONSIDERATION OF LEASE AMENDMENT AND RELOCATION ASSISTANCE Redevelopment Project Manager Farrelly presented this item. He talked about the plaza and explained all parties involved had negotiated the terms in executive sessions. The current tenant has found another facility that is much larger for their business,and this payment is to help with those costs. He explained these funds are provided through urban renewal,and if approved they could begin construction on the plaza in 2021. Director Goodhouse said they have had a difficult time locating a site for the downtown plaza and this location will serve that purpose. He said citizens have wanted a plaza in the downtown area that bring families together and that hold events. Chair Snider said the city owns the building. Director Newton said when they acquired park property they also wanted to acquire a location in the downtown area. Director Anderson said currently,there are not a lot of opportunities for the tenant to move into a larger building. Director Goodhouse motioned to approve TCDA Resolution No. 19-02. Director Lueb seconded the motion. Motion passed unanimously. TCDA Resolution No. 19-02—A RESOLUTION APPROVING THE THIRD AMENDMENT AND RELEASE FOR THE LEASE WITH FERGUSON ENTERPRISES,INC.,WITH RELOCATION ASSISTANCE Name Yes No Director Goodhouse Director Newton Director Lueb Director Anderson Chair Snider Mayor Snider convened the City Council meeting. 7. CONSIDERATION OF RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING VACATION OF PUBLIC RIGHT OF WAY IN RIVER TERRACE Public Works Director Rager presented this item,discussed the location of the right-of-way,and said the county passed an ordinance vacating it and that the city needs to concur with what the county passed. TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT MEETING MINUTES — February 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 5 of 14 Councilor Anderson motioned to approve Resolution No. 19-03. Councilor Goodhouse seconded the motion. Motion passed unanimously. Resolution No. 19-03—A RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING VACATION OF PORTIONS OF SW SCHOLLS HIGHWAY 210, SW SCHOLLS FERRY ROAD,AND SW ROY ROGERS ROAD (VACATION NO. 535) Name Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider 8. DISCUSSION ON INCREASE TO THE PARKS AND RECREATION FEE Public Works Director Rager,Asst. Public Works Director Wright and PW Division Manager Martin presented this item. Mr. Rager talked about parks staff being unable to keep up with current park maintenance due to limited staffing. He said staff takes pride in what they do,but they are having a difficult time keeping up with current park maintenance and that over time,this can take a toll and become demoralizing for staff. He discussed areas of park maintenance,park signage and areas within existing parks that have deteriorated. He said staff is worried about being able to keep up with park maintenance in areas like the River Terrace Park,Universal Plaza,Dirksen Nature Park and the Fanno Creek Trail. He talked about the recreation service level and said it is currently not a sustainable model. There is no back up to the one full-time recreation employee,as well as recent reductions to the programs being offered. He said staff recommends council consider an increase to the Parks and Recreation Fee (PARF) in order to fund the program. Wayne Gross,PRAB Chair, 12862 SW Sevilla,Tigard,OR 97223,appreciated council following through on this and said he would like to see the parks and recreation program back to the level it was a few years ago,because the program contributes to the quality of life in Tigard. The committee is pleased to hear staff has recommended an additional full-time employee to the budget,but feels they still need additional staff. He explained they have created partnerships with other entities that help cover some of the programming fees,but that increasing the PARF is realistic. Mayor Snider thanked Mr. Gross for his input. Marc Woodard, former City Councilor, 10093 SW Woodard Ln,Tigard,OR 97223, said it is important to keep the 5-year Parks and Recreation plan,that he supports the increase,and said the TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT MEETING MINUTES — February 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 14 additional funds would provide a lot of good in the community. He said planned recreation brings families together. Council President Goodhouse asked if the additional increase of$0.52 is based on 2.35 full-time employees (FTE). Mr. Rager replied that it is based on additional 1.35 FTE. Council President Goodhouse asked if this increase is enough to maintain what the city is already doing. Mr. Rager said they are behind approximately two FTE's,and this would enable them to take care of what we have now,and anything more will require an additional increase. Council President Goodhouse asked how staff is taking into account the new homes in River Terrace and how their PARF will factor in, and if that amount will close the gap. Finance and Information Services Director LaFrance said when they worked with public works staff on this forecast they took into consideration current homes and included an estimate of new homes. Council President Goodhouse asked how they account for apartments. Mr. LaFrance replied they consider each apartment one unit. Councilor Lueb said she enjoys using the parks and the maintenance workers do a great job. She asked if the city has some assistance or something else in place for someone who is experiencing financial hardship and would have difficulty paying the Parks and Recreation Fee. Mr. LaFrance replied there is a form they can submit to lower the PARF they pay. Councilor Newton asked Mr. LaFrance about other proposed fees and if they will be available with the budget. Mr. LaFrance said not at this time. Council President Goodhouse said he would like to see a comparison of surrounding communities that have a Parks and Recreation Fee,how much parkland they have and how much they spend on park maintenance. Councilor Newton explained how difficult this decision is for her. She agrees park maintenance and recreation is important in the community,but she is concerned about the condition of the general fund and being able to sustain it with the failed levy last May. She is concerned about raising additional fees now when they are talking about raising other fees,and what message that sends to the community. Council President Goodhouse said the best thing for a community is to have a vibrant recreation program and he is concerned,because he hears that people are going to other communities for their recreation activities. He is in favor of the$0.52 increase for parks and recreation and the additional$1.02 for parks maintenance. They need to maintain city parks and provide recreation opportunities in the community. Councilor Lueb agreed with Council President Goodhouse and stated that parks and recreation provide a place for people to go and things to do. She sees many people taking advantage of the parks and agrees it is important to invest in what they have. She is in favor of restoring the parks program and getting it back to a sustainable level. TIGARD CITY COUNCIL& TOWN CENTER DEVELOPMENT MEETING MINUTES —February 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 14 Mayor Snider asked if Councilor Lueb was in support of the$0.52 and the additional$1.02. Councilor Lueb replied yes. Councilor Anderson said finding general fund money to reinstate the full-time employee in the recreation department really helps. He said people expect us to keep up our parks and offer recreation programs like Beaverton and Lake Oswego,and this is a minor way to do it. He said he is in favor of both increases. Councilor Newton agreed with everything that has been said,but is concerned about the timing. She supports the request and funding the services,she is just not comfortable moving something forward right now. Mayor Snider said they could be proactive and pay for small community investments now or pay a lot more for things like law enforcement and lack of community investment later. He received a lot of feedback from citizens when campaigning about the importance of parks and recreation, and letting the recreation program continue to die a slow death is a pennywise pound-foolish decision,and attendance at city events is quite large. Mayor Snider agreed with Councilor Newton in regards to the timing,but given the totality of this,he would like to see the$0.52 per EDU for the recreation program move forward tonight and then find out from the community how important parks maintenance is to them. Councilor Newton replied that her biggest concern is with parks maintenance and does not believe they are maintaining them to a level they should be and asked why tonight? Mayor Snider said the program is continuing to fall apart and from his perspective,in order to prevent a continued free fall,the council needs to intervene,otherwise, failing to act could result in a continued decline. Council President Goodhouse said they have known for years the parks have been getting worse and one thing he tends to emphasize on is;the more they let something go,it will take much longer and more money to bring something back to what it was. City Manager said staff brought this forward tonight in part because of a request from the Parks and Recreation Advisory Board and the concern of losing the recreation program.Additionally, staff is looking to get guidance from council on how to provide these two services. Ms.Wine said the city is able to fund the existing program with the one full-time employee with the upcoming budget,however,even with this the program would be very limited. Ms.Wine said staff is not proposing the recreation program be eliminated,but in order to offer programs they need to be able to fill positions and need guidance about the service level they want and how they want to fund it. Mayor Snider pointed out that the Parks and Recreation Advisory Board Chair asked and recommended the council approve the $0.52 per EDU. TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT MEETING MINUTES — February 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 14 Council President Goodhouse motioned to direct staff to prepare and look at the $0.52 for the recreation program and$1.02 increase for existing parks inventory for the Budget Committee. Councilor Lueb seconded the motion. Mayor Snider asked for discussion. Councilor Newton asked if this was not going to go into effect now,but is just something that would be asked during the budget process. Council President Goodhouse replied his motion is proposing staff prepare something and bring this to the Budget Committee for discussion. Mayor Snider asked that if they are not intending this to be what they plan to do and will not be acting on it tonight,then what is really being proposed. Mr. LaFrance asked that whatever fee level council wished to go with that they instruct staff to come forward at the next available time with a change to the master fees and charges,and then at the next supplemental budget meeting, they come with suggestions regarding the amount of money needed at the end of this fiscal year. He explained that part of running a recreation program is the planning and the sooner they can get staff on board,the more robust the recreation program will be this summer. Councilor Newton asked when the fee would take effect. Ms.Wine replied that is up to council. Mayor Snider stated he is prepared to support the$0.52 per EDU increase for recreation tonight. Mayor Snider asked if there was an amendment to the motion on the floor or if council wanted to vote on the motion currently on the floor. Council President Goodhouse amended his motion to say the increase would be part of the budget packet if approved as part of the budget process. Councilor Newton seconded the motion. Mayor Snider said he does not know what kind of action they would be taking tonight if they were just kicking the decision down the road to the Budget Committee. Councilor Lueb said what she understood Mr. LaFrance saying is that if council wants a recreation program this summer,council needs to take action before the budget goes into place,because it is important to do the planning and prep work. She believes this is something that can be tackled tonight so the recreation programs are funded for the summer and then talk about maintenance as part of the budget process. Both do not have to be done at the same time. Council supported this option. Council President Goodhouse withdrew his earlier motion. Council President Goodhouse motioned to approve tonight, an increase of$0.52 to restore the recreation program. Councilor Lueb seconded the motion. Motion passed with a majority vote. TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT MEETING MINUTES — February 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 14 Name Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider Council President Goodhouse motioned to direct staff to prepare a$1.02 increase to maintain the existing inventory for parks maintenance for the budget hearing. Councilor Anderson seconded the motion. Motion passed unanimously. Name Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider Council President Goodhouse asked staff to bring comparisons on parks maintenance from other cities to the budget meeting. Mr.Rager said staff can do that and had done something like this in their first report a couple years ago,but will update the information. Councilor Newton thanked staff for their work and said it is not that she is not supportive,but is concerned about the timing of it. 9. INFORMATIONAL PUBLIC HEARING: CONSIDERATION OF AN AMENDMENT TO THE MASTER FEES AND CHARGES SCHEDULE RELATED TO RIGHT OF WAY LICENSES AND PERMIT FEES A. Mayor Snider opened the public hearing. B. Hearing Process: Mayor Snider announced that anyone may offer testimony. Public Works Director Rager gave the staff report,provided background information, acknowledged written concerns that were submitted, discussed the proposed fees and provided staff's opinion on the written concerns submitted. He said staff feels confident that what they are presenting is a reasonable assessment of the city's costs and discussed comparisons from other cities that were listed in the report. Council President Goodhouse asked why the City of Hillsboro fees were drastically more. Mr. Rager said he did not know. TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT MEETING MINUTES — February 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov ( Page 10 of 14 Councilor Anderson asked if there are any design standards. Mr. Rager said yes,and said over time,things happen in the right-of-way. He said staff would be out there making sure it is all working,as it should. Council President Goodhouse asked if the $270 amount is nationwide. Mr. Rager replied it is a nationwide amount. City Attorney Rihala explained that based on comments received from the industry,the Federal Communications Commission (FCC) determined this was a reasonable amount. She said it is a safe harbor number and that a city or county could go higher if it is reasonable. C. Public Testimony: Mayor Snider called upon those who have signed up to testify. Karen Manske,representing AT&T, 12005 SW Poppy Drive Gaston,OR 97219,requested the city reevaluate the fees proposed. She said there is no cost analysis included that shows how the fees got to where they are,and what staff considered when putting together their proposal,especially since they are higher than the presumptively reasonable rate. She said the new planning review fee looks good at face value. However,just by eliminating the word"small"it does not mean that it is not applied to other improvements that are similarly situated competitors in the right-of-way. She said if it is not being applied to the cable and utility providers,then it is discriminatory if only being applied to carriers installing small wireless facilities. Mayor Snider asked if they are suggesting they prefer to go through the same process as other types of utilities as opposed to this. Ms. Manske replied that the process the city developed already, specific to small wireless,is different than what the city would do for other facilities because the FCC order has shot-clock times. For the most part a small wireless facility is not going to take as much time for deployment than what a cable system would in the right-of-way. Councilor Newton asked whether she is saying they are similarly situated competitors or not. Ms. Manske said they are because they are all using the right-of-way to provide services to the community. Steve Coon,representing Verizon Wireless, 19950 NW Tanasbourne Drive,Hillsboro,OR 97124,said he agreed with much of what Ms.Manske said. He said the impacts for small wireless are more in line with routine maintenance or repairs that do not alter or disturb the right-of-way. Small cells are essential to adding network capacity to the community and a means to provide 5G when it becomes commercially available,and having high costs will hinder the ability to have 5G in the community. He talked about the cost associated with the proposed PFI permitting fee being different in the staff report then it is in the master fees and charges schedule. He said they did not have a chance to talk with staff about costs, or how staff had come up with fees,and asked council not to vote on this tonight. TIGARD CITY COUNCIL& TOWN CENTER DEVELOPMENT MEETING MINUTES — February 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 11 of 14 D. Response to testimony by staff. Mr. Rager said to Ms.Manske's testimony regarding a thorough analysis of fees,staff could come back with an analysis of those fees if council so directs staff to do so. In regards to the PFI fee,he explained that while he understands the concern,this is an existing structure. He said regarding the planning review fee and if it is discriminatory;other utilities like PGE or NW Natural Gas do not require a planning review, that there is a specific chapter in the development code. He said staff stands behind their recommendation for the planning review fee. Mr. Rager disagreed with Mr. Coon's statement about the installation of small wireless facilities just being routine maintenance, and said that based on the information he has read and seen and advice from other cities,it would require quite a bit more than routine maintenance,and sometimes can involve replacing an entire pole. Mayor Snider asked if this is time sensitive. Mr. Rager said that although staff has yet to receive any right-of-way applications,he knows there are carriers that would like to start installing. Mayor Snider asked if Mr. Rager has a recommendation. Mr. Rager replied that staff could come back with clarifications to the next council meeting if needed. City Attorney Rihala clarified that staff has done a cost analysis which is how they arrived at the$650. It was not a number that was made up. The spreadsheet includes the hourly rate, number of hours in which staff would be working on these projects,and they looked at what in the FCC the city is allowed to recover costs for. It includes costs of processing applications,maintaining the right-of-way,maintaining structures in the right-of-way,and other related fees. She said staff is confident in their recommendations of costs. E. Mayor Snider closed the public meeting. F. Council Discussion and Consideration: Council President Goodhouse and Councilor Lueb agreed the only thing that may need to be looked at again and brought back to council for review is in regards to the calculation of the PFI fee. Councilor Anderson said for him the numbers add up and he is ready to act tonight. Councilor Newton asked the City Attorney if the similarly situated competitor situation is an issue or not. Ms. Rihala replied that it is not how she interprets similarly situated competitors. She said they do not fall under the same small wireless standards and are not regulated the same way pursuant to State and Federal Laws. Council President Goodhouse asked for clarification on the percentage of cost. Mr. Rager said it reads a two-percent plan review fee plus five-percent of the estimated cost of public TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT MEETING MINUTES— February 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 12 of 14 improvement with a$300 advance deposit. The way that is being applied is that the two- percent is being applied on the same number,which is the estimated cost for work in the right-of-way,and effectively,combining the two fees,it is seven-percent. Council President Goodhouse asked if this was a realistic number. Mr. Rager said yes, from the standpoint of how they apply it to everything else that is put in the right-of-way. It is applied the same to any other utility that goes into the right-of-way in which a permit is issued. Mayor Snider said part of what council is struggling with is the way the FCC has chosen to set the rules,and because of that,it has made it very difficult to comply with in regards to what actual costs are, especially since they have not had a chance to analyze it prior to actually doing it. He said this is a mess every city has to deal with. City Attorney Rihala said in regards to the PFI calculations,they have analysis going back for all sorts of projects and the seven-percent is an accurate representation. She said staff would keep track of this, come back to council next year at budget time, and look at the fees again to make sure they are complying with this difficult piece of legislation. Council President Goodhouse motioned to approve Resolution No. 19-04. Councilor Newton seconded the motion. Councilor Anderson asked if they wanted to take the word"small" out. Councilor Anderson amended the motion to take out the word"small." Council President Goodhouse seconded the motion. Motion passed unanimously. Name Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider Mayor Snider said they would now vote on Resolution No. 19-04. He asked Deputy City Recorder Burgoyne to read the number and title of the resolution. Resolution No. 19-04—A RESOLUTION AMENDING THE MASTER FEES AND CHARGES TO ADD FEES RELATED TO RIGHT-OF-WAY LICENSE AND WIRELESS FACILITIES AS AMENDED City Attorney Rihala clarified it is both small and non-small and should not be in the title of the resolution. TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT MEETING MINUTES — February 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov f Page 13 of 14 Name Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider 10. NON AGENDA ITEMS-There was none. 11. EXECUTIVE SESSION -There was none. 12. ADJOURNMENT At 9:23 p.m. Councilor Newton motioned to adjourn the meeting. Council President Goodhouse seconded the motion. Motion passed unanimously. Name Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider Kelly Burgoy e,Deputy eity Recorder jest: J on . Snider,Mayor Date: D 3 f a 6,1g O 14 TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT MEETING MINUTES — February 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 14 of 14