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City Council Minutes - 06/27/2017 City of Tigard s Tigard City Council Meeting Minutes June 27, 2017 STUDY SESSION 1. COUNCIL LIAISON REPORTS -Mayor Cook spoke about his trip to Washington, DC to lobby for the COPS grant and one for the Tigard Farmers Market. He met with Housing and Urban Development (HUD) and learned about the focus in funding homelessness programs. He noted that Tigard's legislature appreciates the city's flyer on legislative priorities. He also reported on the U. S. Conference of Mayors. Councilor Anderson said PRAB interviews were held. Councilor Woodard noted there will be a Tigard Heritage Trail walk this week which is one of three. He invited the American Legion commander and adjunct to give input on a memorial wall or a flag. City Manager Wine said the purpose of the walks is to receive input on the design for the trail and there will be a walk each month this summer. Mayor Cook said he spoke to National Endowment for the Arts representatives in Washington DC and spoke about outreach for the trail. They were so impressed they encouraged the city to apply for funding from an NEA program called Our Town. Councilor Goodhouse mentioned the use of a cell phone tower for a large flag in eastern Oregon. Administrative Items: City Manager Wine said there are opportunities for council to participate in any of 30-40 events planned throughout the summer including Pop-ups in the Park, Ice Cream Socials,Movies in the Park and Budget and Brews. A schedule will be distributed to council and some levy and bond communication material is also available. Council members are invited to attend and help with the message or just drop in and see how the conversations are going. The levy and bond task force will be invited to some events and will also hold their own listening sessions when their works gets underway. Assistant City Manager Newton passed out information on Annexation Zone 2,which has two properties already under an annexation contract so council cannot consider that zone at tonight's hearing since the conditions of the contract cannot be changed without their permission. City Manager Wine suggested council continue discussion on Zone 2 to a future date. 2. BUSINESS MEETING A. At 7:36 p.m. Mayor Cook called the Tigard City Council and Local Contract Review Board meeting to order. TIGARD CITY COUNCIL MINUTES -JUNE 27, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 1 of 21 B. City Recorder Krager called the roll. Present Absent Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook asked Council and Staff for Non-Agenda Items. None 3. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication— None B. Citizen Communication—Sign-up Sheet. Gretchen Buehner, 11920 SW Imperial Avenue, #12,King City, OR 97224, spoke about downtown planning. She said she watched the last council workshop discussion regarding issues for the downtown and realized that some work done in the 2000s got lost. There was a three-year period after urban renewal was passed and a project identified in a consultant report included an urban creek. She said it was supposed to go where the parking lot on Burnham Road and Main Street is. She noted that there had been a turnover on the council and planning staff members and wanted to bring this to the current council's attention. Ms. Buehner also thanked Assistant City Manager Newton for her wonderful service to the City Tigard. 4. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) A. APPROVE CITY COUNCIL MEETING MINUTES • April 11,2017 • April 25, 2017 B. PROCLAIM JULY 2017 AS PARK AND RECREATION MONTH C. PROCLAIM THE 20THANNIVERSARY OF MIDDLE OF MILLEN DRIVE PARADE D. LOCAL CONTRACT REVIEW BOARD:AUTHORIZE PURCHASE OF POLICE VEHICLES TIGARD CITY COUNCIL MINUTES -JUNE 275 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 2 of 21 Council President Snider moved for adoption of the Consent Agenda as presented. Councilor Goodhouse seconded the motion. The motion passed unanimously. Mayor Cook said Item 4.0 is a proclamation for the 20`''anniversary of the Middle of Millen Drive Parade and people may not be aware that what started out as a neighborhood parade with a few wagons is now the largest Fourth of July parade in Tigard. Millen Drive is near the Tigard High stadium and the neighbors do an amazing job. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 5. CONSIDER A RESOLUTION APPOINTING LIBRARY BOARD MEMBERS AND ALTERNATES City Manager Wine gave the staff report on behalf of Library Director Barnes and the Mayor's Appointment Advisory Committee. Interviews were held to fill five voting member and two alternate positions. Mayor Cook mentioned the excellent pool of interested citizens and said there were more applicants than spots available. He said it was difficult to turn down citizens who are so well qualified. Councilor Anderson moved to approve Resolution No. 17-29. Councilor Goodhouse seconded the motion. Resolution No. 17-29—A RESOLUTION RE-APPOINTING KATIE HARRIS AND APPOINTING LONN HOKLIN,AND MARY BOGART TO THE TIGARD LIBRARY BOARD FOR A TERM OF FOUR YEARS,EFFECTIVE JULY 1,2017 THROUGH JUNE 30,2021;AND APPOINTING REBECCA GAUTHIER AND JEAN HART TO COMPLETE TERMS OF TWO POSITIONS VACATED MID-TERM,EFFECTIVE JULY 1,2017 THROUGH JUNE 30,2019;AND APPOINTING CHUNG-HUEY NINA KUNG AND MARTIN RUBIN AS ALTERNATES FOR A TWO YEAR TERM,EFFECTIVE JULY 1,2017 THROUGH JUNE 30,2019 Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MINUTES -JUNE 27, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 3 of 21 6. CONSIDER RESOLUTION APPROVING A DEVELOPMENT AGREEMENT WITH SD DEACON FOR TIGARD TRIANGLE PROPERTY Associate Planner Pagenstecher presented the staff report for this item. At issue is a development agreement between SD Deacon and the city for redevelopment of property in the Tigard Triangle. Council was briefed and reviewed the proposal at the May 16, 2017 workshop and agreed to take action tonight. Staff recommends council approval of the agreement and finds that it is not in conflict with the Community Development Code,results in a significant extension of the regional multi-modal trail to serve the Tigard Triangle and provides assurances to the developer supporting redevelopment of the site. He noted that the attorneys for SD Deacon were present. Councilor Woodard moved for approval of Resolution No. 17-31. Councilor Anderson seconded the motion. The motion passed unanimously. Resolution No. 17-31 —A RESOLUTION APPROVING A NON-STATUTORY DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TIGARD, OREGON AND TRIANGLE POINTE, LLC AND TRIANGLE POINTE TWO, LLC TO FACILITATE REDEVELOPMENT Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 7. QUASI-JUDICIAL PUBLIC HEARING—CONSIDER ORDINANCES FOR ISLAND ANNEXATIONS A. Mayor Cook opened the public hearing. B. City Attorney Rihala read the hearing procedures. Copies of the procedures were available at the front of the room. C. Mayor Cook asked Council if any member had a conflict of interest or ex parte contact. Councilor Goodhouse asked if attendance at the council annexation outreach event in April counted as ex parte contact.Attorney Rihala said it did not. Mayor Cook disclosed that he received an email on this subject that did not come in through city email. He has been out of town and will forward it for the record. He did not feel that it would bias his decision. City Attorney Rihala asked for a summary. Mayor Cook said the email was about Annexation Zone.9 which is the commercial property and there was confusion because Washington County had building codes and regulations and it asked why the city didn't push annexation then. Also stated in the letter was that they knew the mayor from the Chamber of Commerce Board and they were an employee of a local contractor of the city and have investment interest in the property. Mayor Cook said it would not sway his TIGARD CITY COUNCIL MINUTES -JUNE 27, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 4 of 21 decision on how he would vote. He added that he has walked or driven by almost all of the island properties. D. Mayor Cook asked if anyone in the audience challenged the participation of a Council member. There were no challenges. E. Staff Report—Assistant Planner Smith gave the staff report and said this proposal is to annex ten different unincorporated islands that are areas completely surrounded by the Tigard jurisdiction. She showed maps and described each of the ten annexation zones by number and tax lot size and discussed zoning equivalents between the county and city. Zone 1 is made up of the Arlington Heights and Arlington Heights Two Subdivision. It is about 15 acres in size and is comprised of 55 tax lots. Under Washington County zoning, all 55 lots are zoned R-6 which means Residential—six units per acre. If the annexations are approved they will be converted to Tigard equivalent zoning,which in this case would be R-7—Medium Density Residential. Zone 2 is 1.13 acres and is made up of one tax lot. Under Washington County zoning it is also R-6 and if approved,will become R-7 —Medium Density Residential. She said in 2015 it was originally proposed as part of the Summit Ridge Annexation which was a 29-lot subdivision located south of the site. At the time the owners opted to exclude their property from this previous annexation request and instead, an annexation contract was signed. This contract would allow the city to annex the property at a later time. She said the applicant will discuss this at greater length in their presentation. Zone 3 is made up on seven tax lots totaling 6.6 acres in size and is currently zoned R-6 in Washington County zoning and will convert to R-7—Medium Density Residential under City of Tigard equivalent zoning. Zone 4 is made up of two parcels totaling five acres in size. The Washington County zoning is currently R-6 and will convert to R-7—Medium Density Residential under City of Tigard equivalent zoning. Zone 5 has two tax lots totaling about one acre in size. The Washington County zoning is currently R-6 and will convert to R-7—Medium Density Residential under City of Tigard equivalent zoning. Zone 6-A is made up of five tax lots of land totaling about 8.3 acres in size. The Washington County zoning is R-6 and City of Tigard equivalent zoning is R-7. Zone 6.B is made up of one tax lot totaling 0.93 acres in size. The Washington County zoning is R-6 and City of Tigard equivalent zoning is R-7. Zone 6-13 is the only proposed annexation area in this project that was voluntarily submitted by the TIGARD CITY COUNCIL MINUTES -JUNE 27, 2017 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov Page 5 of 21 property owner. If council approves the annexation of Zone 6-B it will be effective as soon as it is filed with the Secretary of State. Zone 7 is made up of one tax lot and is 0.225 acres in size. Under Washington County zoning it is R-15, or Residential— 15 units per acre and under City of Tigard zoning it would become R-25 zone—Medium High Density Residential. Zone 7 and 8 are the only two properties in this project that are not located in the Tigard Water Service Area. They receive water from the Tualatin Valley Water District which will remain the same even under annexation. Zone 8 is made up of one tax lot and is 0.609 acres in size. It is Washington County zoning Residential R-5 or five units per acre and under City of Tigard zoning would become R-4.5 —Low Density Residential. As mentioned previously, Zone 8 is located within the Tualatin Valley Water District which would remain the water provider. Zone 9 is one tax lot and is one acre in size. The Washington County zoning designation is R-24, or Residential—24 units per acre. Upon annexation, the City of Tigard equivalent zoning is R-25. All of the proposed annexations meet the requirements of the Tigard Community Development Code,Tigard Comprehensive Plan,Metro Code and state statutes. They will be removed from the Washington County Enhanced Sheriff's Patrol District and Washington County Urban Road District and will instead receive services from the Tigard Police and Public Works Departments. Except for Zones 7 and 8,which are in the Tualatin Valley Water District, all annexed areas will be removed from the Tigard Water District. Zones 1 and 9 will also be removed from the Washington County Service District for Street Lighting. Assistant Planner Smith said staff recommends approval of the proposed island annexations by adoption of the ordinances. F. Assistant City Manager Newton and Executive Assistant Bengtson represented the city as applicants.Assistant City Manager Newton said that since the city initiated these annexations,it is the applicant. She commented that she has come full circle; starting her career with the city as a planning intern annexing islands and now she is retiring in two days, and annexing the last islands. She credited Executive Assistant Bengtson with preparation of all of the annexation applications to submit to the Community Development Department. She said the council adopted goals in March for 2017-2019 and Goal 6 was to annex islands into the city. Assistant City Manager Newton showed a PowerPoint and discussed the outreach to affected property owners. She said it was important to note that the majority of annexations will not take effect for three years,with no changes to taxes or services until then. There are two exceptions; one property owner signed a voluntary TIGARD CITY COUNCIL MINUTES -JUNE 27, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 6 of 21 annexation agreement,and staff recommends Zone 5 not go into effect for ten years or whenever sewer is available. Ms. Newton discussed the outreach to island residents and showed a letter that was mailed March 16, signed by the mayor and councilors inviting affected property owners to an open house on April 5. Fifteen property owners came and met with the council. On May 1 a postcard was mailed to property owners that the city had not heard from. On June 7 she and Ms. Bengtson went door to door and hung door hangers on each property that the city still had not heard from letting them know the city was interested in hearing from them and informing them of the date of the public hearing. She discussed each zone Zone 1 —One property owner attended the open house and two asked for property tax estimates.When they were putting out the door hangers one property owner said he was not interested in annexation. The HOA treasurer asked if the city would be interested in taking ownership from the HOA of the storm water facility and the strips of right-of-way facility along Bull Mountain Road. Staff explored the right-of way responsibilities. Parks and Facilities Manager Martin visited the storm water facility and advised that after bringing it up to standards,it would cost about $10,000415,000 to maintain annually. He also advised that it would be beneficial for the city to maintain it to ensure it was functioning properly. The HOA would need to transfer the property to the city and provide access to the facility. Streets Supervisor Walker confirmed that the city is responsible for maintaining Bull Mountain Road along the subdivision but the right of way maintenance would be the responsibility of the HOA. Since Bull Mountain Road is designated as a collector and as such,right-of-way maintenance could be a candidate for city contracted maintenance like on Durham Road and 135th Avenue. It could cost$2,400 to $3,000 per year if the city was interested in pursuing that. Mayor Cook asked for clarification that because the annexation doesn't take place for three years the city would not be taking over any of those responsibilities until then and Ms. Newton agreed. Zone 3 is seven different properties and three separate islands on Bull Mountain Road. Owners of four properties attended the open house and a tax assessment estimate was prepared and emailed to one of the property owners on request. Zone 4 is two tax lots owned by one owner on Alpine Crest Way. Although not directly contacted by the property owner, Councilor Woodard was advised by a neighbor of this property that the property owner would like to arrange access to park property (Bull Mountain Park). Parks and Facilities Manager Martin said a chain link gate could be installed if the property owner is interested. Zone 5 is two properties on Sunrise Lane adjacent to Sunrise Park and although there is sewer in the vicinity, engineers advise that extension of the sewer facilities would be cost-prohibitive at this time. One of the property owners is interested in TIGARD CITY COUNCIL MINUTES -JUNE 27, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 7 of 21 sewer when it becomes available. None of the other island properties are in this situation and all have sewer available. For this reason, staff recommends annexation for Zone 5 be delayed for ten years or when sewer becomes available. Owners of one of the properties came to the open house and have been in regular contact with staff throughout the process. The other owner submitted a letter on June 19,2017 expressing opposition to annexation or at least as agreement to annex upon sale of the property. Ms. Newton contacted the owner and informed her that if the annexation was approved it would not be in effect for ten years. The owners of 14905 SW Sunrise reported that a fence installed 30 years ago by a previous owner between their property and Sunrise Park sustained major winter storm damage and requested that the fence be repaired or replaced. Parks Supervisor McKnight did a field assessment and estimated that it would cost$4,800 to replace the fence along the city's park and he is willing to do this if council is supportive of that. The property owners are concerned that good weather brings more activity in the park in the evenings and into the night and submitted photos and have been in contact with the police chief. The park is supposed to be closed at dusk.Another request was that cars parking along the road taking up travel lanes could be accommodated in space closer to the park entrance. Their ideas have been submitted to Parks and Facilities Manager Martin and Parks Supervisor McKnight for their review. They also inquired about Sunrise Lane pavement that is not currently in the right of way and contend that if the street is widened it should be on the south side. The city has confirmed that the majority of that pavement is not in the city's right of way. Mayor Cook asked what the definition of sewer"becoming available"is. Assistant Community Development Director McGuire said he did not know of a standard but he is aware that the existing property is far away from sewer. He said he understands that there is a property between existing sewer and this property likely to develop in the future which would extend it into the definition of"becoming available."Mayor Cook said he wanted more clarity on this,whether it is a certain distance or dollar amount and he thought property owners should have this information. Zone 6 is divided into three separate segments. Zone 6-A is five tax lots along both sides of Fern Street and one property owner attended the open house and two requested property tax estimates. Zone 6-B is owned by one owner who has signed an annexation agreement and asked if council would waive the$718 lot line adjustment application fee and he would assume responsibility for all other development application fees. Zone 6-C contains two lots and annexation is not under consideration this evening because the northern-most property owner is doing a survey and working with city engineers to determine how to get connected to sewer. He will sign a voluntary annexation and come in right away if he can get connected. The southern property owners have been notified that they would then be inside an island and Ms. Newton informed them that if that island is created they would be annexed. TIGARD CITY COUNCIL MINUTES -JUNE 27, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 8 of 21 Zone 7 is one tax lot on Spruce Street,west of Hall Boulevard. An email was received from the property owner on June 19,2017 requesting a continuance and asking for more information. Zone 8 is one tax lot on SW Landau and Ms. Newton has held two conversations with the property owner who is opposed to annexation because he questions the benefit. Zone 9 is one tax lot with a multi-family complex and associated parking. One of the property owners attended the April 5 open house and submitted a letter on June 19, asking for a delayed effective date of ten years. The Zone 2 property owners have an annexation contract in place now that requires them to annex no later than March 2019. Staff proposed that they receive the three year period consistent with the other island properties,moving the effective date to 2020. The owners are working out details with Venture Properties on getting a sewer connection and are considering whether to keep with the original agreement or annex under this ordinance. Ms. Newton said the city attorney pointed out that the city does not have permission to move ahead with the ordinance tonight and the property owner has asked for a continuance to July 25, 2017. Ms. Newton summarized that staff is recommending council approve ordinances with the exception of Zone 2 and provide direction on the following: Zone 1 —Contact HOA to find out if there is interest in transferring ownership of the storm water facility and right of way maintenance along Bull Mountain Road. Zone 4—Contact the property owner regarding a gate for access to Bull Mountain Park. Zone 5—Staff supports the replacement of the fence between Sunrise Park and 14905 SW Sunrise Lane. The ordinance effective date is in ten years. Zone 6—Follow up on annexation of 13990 and 13992 SW Fern which are in play with potential sewer connection. Mayor Cook asked for clarification on a distance number for sewer connections. Assistant Community Development Director McGuire said he needs more time to get an estimate. Councilor Goodhouse asked if Zone 5 will be annexed in at the ten-year point whether or not they are connected to sewer. Ms. Newton said they would still get annexed in at ten years even if they do not have sewer, or earlier if they do. She said one property owner wants to connect as soon as sewer is available. Mr. McGuire suggested that might be the tie-in;when the neighboring property connects it will make it more available for the other property. TIGARD CITY COUNCIL MINUTES -JUNE 27, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 9 of 21 G. Public'Testimony: Gretchen Buchner, 11920 SW Imperial Avenue #12,King City, OR 97224, said these annexations are something she was working on when she first got on the city council in 2007. She commented that the county code states that if a property is within 300 feet of a sewer line and their septic system fails they are required to hook up to the sewer. She said Washington County has been haranguing the city for many years to get this going and she is thrilled to see that it is happening. Marland Henderson, 11795 SW Katherine Street,Tigard, OR 97223, said he was here for one point. He said he was neutral about the annexations but requested that council defer a vote for at least a month or two. He said Community Participation Organization (CPO) 4B was unaware that this vote would be happening tonight and they had planned to discuss it on July 13. He said he spoke to them on two occasions and they feel they were not involved. He noted that they only meet every three months and did not meet in January due to weather. He said it would be a good thing if this vote could be delayed. Gretchen Buehner said it was in the April CP04B newsletter. Alexander Backardjiev, 7505 SW Landau Street, Tigard, OR 97223, said he just did not want to join Tigard. He did not see an advantage. Nathan Schmitz, 14635 SW 133`d Avenue,Portland, OR 97224, said he attended the open house and thought it was a great session. Being new to the process,he gathered information and studied maps. He said he was interested because he is considered living on an island due to a small strip of right of way. He said he is against annexation as a matter of principle and is comfortable with the services he currently receives. His area connects to other areas of Bull Mountain and he asked, "Why not annex us all in at the same time?" Nancy Younger, 15065 SW Sunrise Lane,Tigard,OR 97224,asked for clarification on the sewer location. She said there are seven houses below hers and none are on sewer. She said most along 150`"Avenue are on septic and there is a codicil in their deeds on the west side of 150''Avenue that they cannot sell to a developer unless the entire block sells to a developer. She asked what the proposed development on Sunrise Lane might be and whether there were plans for Sunrise Park that could include the city bringing in sewer. Mayor Cook said there are plans to develop the park but not for next ten years. Ms. Younger said she does not like the plans. Mayor Cook responded that citizens can change the plans. Ms.Younger expressed concern about the wording, "in ten years or when there is sewer," and said she does not want to be in the city. Daniel Olsen, 110730 SW 85`"Avenue,Tigard, OR 97223 said he had concerns with Zone 7 and asked about the conversion from Washington County Zone 15 to City TIGARD CITY COUNCIL MINUTES -JUNE 273 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 10 of 21 of Tigard Zone R-25. He asked if the CANT considered lowering it to Zone 12 which also abuts the property. Mayor Cook asked staff how they define the closest zoning. Assistant Community Development Director McGuire said the zoning will not affect anything until the land is sold. R-25 is medium density (13-25 per acre). Council President Snider asked why the city would zone a property R-25 when it is only .225 acres. Mr. McGuire said staff is using the standard conversion chart. Mayor Cook asked staff to look up how the other adjacent property is zoned. H. Response to testimony by staff Assistant Planner Smith responded regarding Zone 7 and said the adjacent property is zoned R-25. One corner is R-12. She showed a slide of maps to illustrate the zoning. Assistant Community Development Director McGuire added that triggers for the Zone 5 properties could be ten years or when one or the other gains access to sewer. Mayor Cook said coming up with a certain distance figure that defines when sewer is considered available would be helpful. I. Applicant rebuttal to testimony Assistant City Manager Newton responded that Sia Lindstrom at Washington County was contacted along the way and was sent topics of letters,postcards, the schedule and a copy of the door hanger. She spoke with Jim Long of CP04M who said they will be discussing it tomorrow night at their meeting. Ms. Buehner said this was in the CPO newsletters. Ms. Newton said Marland Henderson suggested that Lisa Hamilton contact her directly but she did not. Assistant Planner Smith said that per land use notification requirements CPOs are on the interested parties list and they did receive notification and communication via email that they received the notice. Councilor Woodard asked about the CPO notification process and Ms. Newton said she made every effort to make sure the CPOs were in the loop. She said,in all fairness, the CPO chairs are volunteers and she assumed that Washington County would have notified them. She said she called Ms. Lindstrom right away when Mr. Henderson told her that CP04B did not know about the annexations. Councilor Goodhouse said it sounds like the property owner in Zone 5,who would be annexed in when there is sewer at a certain distance or in ten years,probably would not want to be a resident then anyway. He suggested a three-year timeframe for all of the annexations because it would be less confusing. He said if council does not want to go that route he would like to see them annexed in at the time of sale. Councilor Anderson said he wanted to assure the public that this is not a land grab and has been on the table for years. He noted that service providers are frustrated by TIGARD CITY COUNCIL MINUTES -JUNE 27, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 ww-w.tigard-or.gov Page 11 of 21 islands within the city and this evens out the services that the rest of the neighbors are paying for. Council President Snider asked a hearing process question and City Attorney Rihala said the hearing was quasi-judicial because it is for a discrete number of properties. Council President Snider said he did not want the CPOs to feel excluded but in this situation the city went over and above to communicate with property owners. Council personally participated in outreach and every property owner was invited. He observed that a meeting cycle of every three months does not provide a timely source of feedback for a city council that meets weekly. He added that he was not favorable towards bringing in all properties in three years. Councilor Woodard said he agreed with the three-year timeframe as hooking up to sewer may be costly for some areas. He said it is true that the islands should be incorporated as they use services and should pay for them. He said he did not hear negative concerns at the annexation outreach and council has been available to citizens but has not been contacted. He expressed disappointment with the county CPO staff for the missed communication opportunity. Mayor Cook said he would like to discuss Zone 5 further. Assistant City Manager Newton said Zone 5 already has the language about either ten years, and council could add "when sewer is available." Councilor Goodhouse suggested adding, "or upon sale." Mayor Cook disagreed, saying it could be sold tomorrow and they cannot get sewer yet so he did not feel that wording was appropriate. Councilor Woodard asked to see the list. Assistant City Manager Newton said the list of items is not related to the quasi-judicial decision and needs to be addressed separately because they are not part of the annexation process. Council President Snider said it is the city council's intent is to provide follow up on the desired items. J. Mayor Cook closed the Public Hearing. K. Council Discussion and Consideration: Ordinance No. 17-07 Councilor Goodhouse moved to approve Ordinance No. 17-07 and his motion was seconded by Councilor Woodard. Councilor Anderson asked about the request from the property owners and Council President Snider noted that council's intent is for staff to follow up on all of the items on the list. City Recorder Krager read the number and title of the Ordinance. TIGARD CITY COUNCIL MINUTES -JUNE 27, 2017 City of Tigard ( 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 12 of 21 Ordinance No. 17-07—AN ORDINANCE ANNEXING 55 PARCELS OF LAND TOTALLING 15.164 ACRES,APPROVING THE ZONE 1 ISLAND ANNEXATION (ZCA2017-00001),AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT,WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT, AND WASHINGTON COUNTY SERVICE DISTRICT FOR LIGHTING. City Recorder Krager conducted a roll call vote. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Ordinance No. 17-07 was adopted unanimously. L. Council Discussion and Consideration: Ordinance No. 17-08 Councilor Woodard moved for adoption of Ordinance No. 17-08. Council President Snider seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 17-08— AN ORDINANCE ANNEXING SEVEN (7) PARCELS OF LAND TOTALLING 6.605 ACRES,APPROVING THE ZONE 3 ISLAND ANNEXATION (ZCA2017-00003),AND WITHDRAWING PROPERTIES 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 Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Ordinance No. 17-08 was adopted unanimously. TIGARD CITY COUNCIL MINUTES —JUNE 27, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 13 of 21 M. Council Discussion and Consideration: Ordinance No. 17-09 Councilor Anderson moved for approval of Ordinance No. 17-09 and Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 17-09— AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND TOTALLING 5.083 ACRES,APPROVING THE ZONE 4 ISLAND ANNEXATION (ZCA2017-00008),AND WITHDRAWING PROPERTIES 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 Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Ordinance No. 17-09 was adopted unanimously. N. Council Discussion and Consideration: Ordinance No. 17-10 Councilor Goodhouse moved to approve Ordinance No. 17-10 amended to include the language, "in ten years or when connected to sewer." Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 17-10— AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND TOTALLING 1.01 ACRES,APPROVING THE ZONE 5 ISLAND ANNEXATION (ZCA2017-00002),AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT,WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT,with the amendment to change the timeframe to ten years or when connected to city sewer. Council President Snider asked if the words "whichever is sooner" should be added. City Attorney Rihala said council could clarify that and Mayor Cook asked for a vote TIGARD CITY COUNCIL MINUTES -JUNE 27, 2017 Cin, of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 -,vNvw.tigard-or.gov Page 14 of 21 on that clarification. All voted in favor to add the words, "whichever is sooner" to the amended language. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ City Recorder Krager conducted a roll call vote. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Ordinance No. 17-10 was adopted unanimously. O. Council Discussion and Consideration: Ordinance No. 17-11 Council President Snider moved for approval of Ordinance No. 17-11 and Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 17-11 — AN ORDINANCE ANNEXING FIVE (5) PARCELS OF LAND TOTALLING 8.306 ACRES,APPROVING THE ZONE 6A ISLAND ANNEXATION (ZCA2017-00009),AND WITHDRAWING PROPERTIES 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 Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MINUTES —JUNE 27, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 xvww.tigard-or.gov Page 15 of 21 Mayor Cook announced that Ordinance No. 17-11 was adopted unanimously. P. Council Discussion and Consideration: Ordinance No. 17-12 Councilor Woodard moved for approval of Ordinance No. 17-12 and Council President Snider seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 17-12— AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING 0.930 ACRES,APPROVING THE ZONE 6B ISLAND ANNEXATION (ZCA2017-00010),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 Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Ordinance No. 17-12 was adopted unanimously. Q. Council Discussion and Consideration: Ordinance No. 17-13 Council President Snider moved for approval of Ordinance No. 17-13 and Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 17-13— AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING 0.225 ACRES,APPROVING THE ZONE 7 ISLAND ANNEXATION (ZCA2017-00004),AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT City Recorder Krager conducted a roll call vote. TIGARD CITY COUNCIL MINUTES -JUNE 27, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 wwxv.tigard-or.gov Page 16 of 21 Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Ordinance No. 17-13 was adopted unanimously. R. Council Discussion and Consideration: Ordinance No. 17-14 Councilor Anderson moved for approval of Ordinance No. 17-14 and Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 17-14— AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING 0.609 ACRES,APPROVING THE ZONE 8 ISLAND ANNEXATION (ZCA2017-00005),AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT City Recorder Krager conducted a roll call vote. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Ordinance No. 17-14 was adopted unanimously. S. Council Discussion and Consideration: Ordinance No. 17-15 Council President Snider moved for approval of Ordinance No. 17-15 and Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the ordinance. TIGARD CITY COUNCIL MINUTES -JUNE 27, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 17 of 21 Ordinance No. 17-15—AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING ONE (1) ACRE,APPROVING THE ZONE 9 ISLAND ANNEXATION (ZCA2017-00006),AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT,WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT,AND WASHINGTON COUNTY SERVICE DISTRICT FOR LIGHTING City Recorder Krager conducted a roll call vote. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Ordinance No. 17-15 was adopted unanimously. Councilor Woodard moved to re-open and re-notice the public hearing and continue it on July 25,2017 to consider an ordinance to annex Zone 2. Councilor Goodhouse seconded the motion. Council President Snider objected to continuing a hearing that had been closed and asked if that threatened all the other decisions made tonight under one quasi-judicial hearing. A process discussion was held and City Attorney Rihala said council could either reopen and continue the public hearing for Zone 2 or hold a new public hearing.Assistant Community Development Director McGuire confirmed that the 20-day notice could be met. Councilor Woodard withdrew his original motion. Councilor Woodard moved to hold a new public hearing on July 25,2017 for consideration of Zone 2 and re-notice the hearing. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook directed staff to follow up on the list of separate requests from property owners. TIGARD CITY COUNCIL MINUTES -JUNE 27, 2017 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 www.tigard-or.gov Page 18 of 21 8. LOCAL CONTRACT REVIEW BOARD —CONSIDER CONTRACT FOR DESIGN, FABRICATION AND DELIVERY OF PEDESTRIAN BRIDGE ON FANNO CREEK TRAIL Senior Management Analyst Barrett and Engineering Project Manager Peck presented the staff report. Under consideration is a contract for the final design of the Tiedeman realignment for the Fanno Creek Trail to bring it up to regional design standards which support Tigard's strategic plan. This is for the design, fabrication and installation of an 80-foot steel truss pedestrian bridge only,not the trail.An RFP was issued and three proposals were received.A selection team found that Contech Engineered Solutions met the qualifications and scored the highest. The cost is $110,220. Mayor Cook clarified that this was not a QBS process and Senior Management Analyst Barrett said the language was similar but the cost was considered. Mayor Cook asked if this was the lowest bid and Engineering Project Manager Peck confirmed this was the second lowest bid and comes in under the engineer's estimate of$117,000. Councilor Woodard moved to approve the contract as presented. Councilor Goodhouse seconded the motion and it passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 9. CONSIDER RESOLUTION TO APPROVE A NEW TIGARD POLICE OFFICERS' ASSOCIATION CONTRACT FOR FISCAL YEARS 2017-2020 AND AUTHORIZE THE CITY MANAGER TO SIGN Human Resources Director Bennett and Senior Analyst Leos were present for the staff report. Ms. Bennett said they have been negotiating a contract on behalf of council with the police union and request adoption of a resolution approving a new contract. She briefly described the bargaining process. They began bargaining in January and were able to reach a tentative agreement in early June. The Tigard Police Officers'Association (TPOA) ratified the contract on June 13. Mayor Cook said he did not remember a contract being adopted prior to expiration in the recent past. Human Resources Director Bennett replied that this is the second time in her professional career that a contract was reached prior to expiration. Mayor Cook commended staff for meeting this deadline. Councilor Woodard complimented staff on their hard work. Councilor Goodhouse moved to approve Resolution No. 17-30. Council President Snider seconded the motion. City Recorder Krager read the number of title of the resolution. Resolution No. 17-30—A RESOLUTION ADOPTING A NEW COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF TIGARD POLICE OFFICERS'ASSOCIATION (TPOA) AND AUTHORIZING THE CITY MANAGER TO SIGN TIGARD CITY COUNCIL MINUTES —JUNE 27, 2017 City of'Tigard 13125 SW Hall Blvd., Tigard, OR 97223 "vw.tigard-or.gov Page 19 of 21 Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that the motion passed unanimously. 10. CONSIDER COUNCIL TRAVEL POLICY City Manager Wine said council reviewed the policy in a workshop and asked questions about some potential changes. Staff researched some elements and talked with the Oregon Government Ethics Commission. She listed the three proposed changes: Changing the distance designation for local travel from 50 miles away to 40 and adding a statement regarding the applicable taxes on local overnight stays, expanding the definition of"conference hotel," and deleting the section on travel time. Council President Snider made a motion to approve the council travel policy. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 11. EXECUTIVE SESSION None. 12. NON AGENDA ITEMS None. 13. ADJOURNMENT Mayor Cook thanked Assistant City Manager Newton at this last meeting in her career for all the years of service she gave to the city. Councilor Woodard thanked her and said he appreciated her assistance when he first joined the council. He congratulated her on her retirement. Council President Snider noted that she was always working behind the scenes and people may not recognize her contributions. He said it was a pleasure to have her working for the citizens of Tigard. Councilor Goodhouse thanked Ms. Newton for all she has done and said she will be missed. Councilor Anderson said she made his transition to council easy. Ms. Newton said she loved her job and working with citizens. TIGARD CITY COUNCIL MINUTES -JUNE 27, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 20 of 21 I Council President Snider moved to adjourn at 9:30 p.m. Councilor Anderson seconded the motion and all voted in favor. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 1 Mayor Cook ✓ Councilor Goodhouse ✓ i Carol A. Krager, City RecorderOr At st: John . Cook,Mayor l�0 —DS-2017 Dc_+e_1 TIGARD CITY COUNCIL MINUTES —JUNE 27, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 21 of 21