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City Council Minutes - 01/26/2021 41 City of Tim Tigard City Council Meeting Minutes . January 26, 2021 1. STUDY SESSION At 6:30 p.m. Mayor Snider called the Study Session to order. A. RECEIVE BRIEFING ON WASHINGTON SQUARE REGIONAL CENTER UPDATE PROJECT Senior Planner Shanks explained this was a follow-up to her previous briefing to Council on this project. She explained that the overall project goal is to refine the original vision put in place about 20 years ago to accommodate changes over time. They are currently at the middle of the project's timeline,working on refining future land use and transportation ideas to create a body of recommendations for City Council to consider. A highlight of the project is the amount of coordination required, as the study area crosses multiple jurisdictional boundaries. Staff are working with a wide team of partners and stakeholders,who have helped the city conduct robust community engagement efforts. Senior Planner Shanks reviewed a highline overview of the feedback they have received through interviews with people who live and work in the area. She said they have completed in-depth market and feasibility studies, as well as a non-conforming use analysis. There are three major subareas of focus within the project: Metzger,Washington Square Mall, and the Cascade/Nimbus areas. • In Metzger, some changes in mind include updates to zoning and density requirements, increased pedestrian access to parks, trails, and the mall. • There are approvals for development at the Mall site currently that have been delayed by the pandemic. Ms. Shanks described the potential for future updates to the site,including mixed-use development. • In the Nimbus/Cascade area, there is demand for car dealerships and industrial uses, like caterers and microbreweries, for example. There is limited connectivity due to the highway, the railway, Fanno Creek, and the Fanno Creek Trail. Changes may include greater support for small businesses in this area and potential zoning updates. Senior Planner Shanks explained that staff are planning a big community engagement push in the spring. After being refined through public outreach, these recommendations will come before Council as a large legislative package. Ms. Shanks alerted Council to a targeted request to change the zoning in one small area near the Scholls Ferry Road and Cascade Avenue intersection to allow car dealerships. She said this would be a special consideration separate from the larger project since it is a policy decision Council will need to make based on staff work and community input. • Mayor Snider said he hoped staff would address certain aspects of the issues in their presentation to Council regarding the car dealership issue. Ms. Shanks said that they absolutely will be evaluating. TIGARD CITY COUNCIL MEETING MINUTES —January 26, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 8 • Councilor Newton asked Ms. Shanks about the opportunities for affordable housing within the regional center. • Youth Councilor Calderon asked Senior Planner Shanks why people would want car dealerships. Ms. Shanks responded that the city considers all the factors,including employment potential, tax revenues, and any potential drawbacks. • Councilor Goodhouse added that people still enjoy seeing and test-driving cars in person as opposed to ordering. B. COUNCIL LIAISON REPORTS • Mayor Snider reported that the Oregon Mayors Association (OMA) and League of Oregon Cities (LOC) are taking the Governor to task on her evidence to continue supporting the ban on certain activities in the commercial sector. • Councilor Goodhouse shared there was a revision for indoor fitness, and he presumes those organizations will still pursue opening measures regarding the remaining restrictions. 2. BUSINESS MEETING A. At 7:31 p.m.,Mayor Snider called the meeting of the Tigard City Council and Local Contract Review Board to order. B. Deputy City Recorder Patton called the roll. Present Absent Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ Councilor Goodhouse ✓ Councilor Newton ✓ C. Mayor Snider invited everyone to mute themselves and join him in the Pledge of Allegiance. D. Council and Staff Non-Agenda Items—None. 3. PUBLIC COMMENT Mayor Snider announced written public comments were due by 4:30 p.m. and call in questions will be taken via telephone by calling 503-966-4101. The call-in number was posted on the screen. A. Follow-up to Previous Public Comment—None. B. Public Comment—Written— • Wendy Anderson submitted comments regarding the addition of sidewalks on SW Fonner Street. • Chris Brown submitted comments regarding type 2 home occupation permits. C. Public Comment—Phone-In—None. TIGARD CITY COUNCIL MEETING MINUTES -January 26, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 8 Council acted as the Local Contract Review Board for the following three agenda items. 4. LOCAL CONTRACT REVIEW BOARD: CONSIDER CONTRACT AWARD FOR FINANCIAL OPERATIONS TECHNICAL ASSISTANCE TO SMITH-WAGAR BRUCKER CONSULTING,LLC Principal Business Analyst Moody provided the staff report recommending a contract be awarded to Smith-Wagar Brucker Consulting,LLC to provide financial operations technical assistance to staff. This is a sole-source contract based on the contractor's institutional experience with the City of Tigard as well as MossAdams LLP,which completes the city's annual audit. Financial and Information Services Director LaFrance explained that this contract was the first of several contracts related to backfilling work of Tigard staff so they may focus on the implementation of the city's Total Tyler project.The project is expected to take approximately four years and began in October 2020 and requires a three-part team with staff from multiple departments and divisions. For department staff to work on implementation, the city will need to execute contracts to backfill staff during their work during this period.Assistant Finance Director Isaksen explained the contract would fund work on the audit,policy updates,grant reporting requirements, high- level reconciliation work and assisting in other high-level finance work. He said it was a not-to- exceed amount for this contract and will be billed at an hourly rate. They anticipate billing at 15- 20 hours a week,with more during the year-end audit process while city staff work on Total Tyler implementation. Board member Shaw made a motion to approve the contract award for financial operations technical assistance to Smith-Wagar Brucker Consulting,LLC and authorize the City Manager to execute all documents necessary to effectuate the same. Board member Lueb seconded the motion. Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No Board member Lueb ✓ Board member Shaw ✓ Chair Snider ✓ Board member Goodhouse ✓ Board member Newton ✓ The motion passed unanimously. 5. LOCAL CONTRACT REVIEW BOARD: CONSIDER CONTRACT AWARDS FOR ON- CALL ENGINEERING AND RELATED SERVICES Principal Management Analyst Moody explained they were asking for authorization to approve 41 contracts in 12 categories of work for on-call engineering services to help the city keep up with scheduled work on capital improvement plan projects. A formal qualifications-based request for proposals was issued for these contracts in several areas. From 52 applicants, staff TIGARD CITY COUNCIL MEETING MINUTES -January 26, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 8 are recommending 41 contracts-2 to 5 vendors in each work category. City Engineer Faha said these contracts are helpful to conduct the array of engineering and construction tasks, anywhere from design of a sidewalk to a new park,property surveys, traffic analyses, etc. It would take at least 3 months to complete a full RFP process,which would slow projects down significantly,resulting in less work being completed. • Board member Newton said she was concerned about the number of contracts, but sees now that it was due to an increase in the number of work categories. • Board member Shaw asked about the number of minority-owned,women-owned, and disadvantaged businesses. Principal Management Analyst Moody said it was 6 vendors out of 41 total contracts. Board member Lueb made a motion to approve the contract awards for on-call engineering and related services and authorize the City Manager to execute all documents necessary to effectuate the same. Board member Newton seconded the motion. Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No Board member Lueb ✓ Board member Shaw ✓ Chair Snider ✓ Board member Goodhouse ✓ Board member Newton ✓ The motion passed unanimously. 6. LOCAL CONTRACT REVIEW BOARD: CONSIDER CONTRACT AWARD FOR KRUGER CREEK STABILIZATION TO AKS ENGINEERING&FORESTRY LLC Principal Management Analyst Moody explained this was a qualifications-based RFP that received three proposals. Staff are recommending the award go to AKS Engineering&Forestry LLC. Principal Engineer Newbury said the project is focused on a section of Kruger Creek that has experienced extreme erosion due to neighboring developments creating higher flow rates. This project will divert excess water flow and stabilize the creek banks while also helping protect an exposed sewer main. City Engineer Faha said these eroding stream creeks are hazardous and she is glad they can begin to address this site. Board member Goodhouse asked about a previous plan to construct a false bottom. Principal Engineer Newbury said it would be a hybrid scenario using both a bypass flow and a false bottom. Board member Shaw made a motion to approve the contract award for Kruger Creek stabilization to AKS Engineering& Forestry LLC and authorize the City Manager to execute all documents necessary to effectuate the same. Board member Goodhouse seconded the motion. Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No TIGARD CITY COUNCIL MEETING MINUTES -January 26, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 8 Board member Lueb ✓ Board member Shaw ✓ Chair Snider ✓ Board member Goodhouse ✓ Board member Newton ✓ The motion passed unanimously. The LCRB returned to acting as the City Council for the remaining agenda items. 7. PUBLIC HEARING: CONSIDER A RESOLUTION TO ADOPT THE FY 2021 SECOND QUARTER BUDGET SUPPLEMENTAL A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony.Written comments were due by 4:30 p.m. this afternoon and those wishing to testify via phone could call 503-966-4101 to be put in the queue. C. Senior Management Analyst Kang presented the budget supplemental for the second quarter of FY 2021,noting a walk-on amendment. Highlights of the supplemental included: • Expansion of the Tigard CARES program; • Additional full-time equivalent (FTE) in the building division; • Several human resources (HR) requests related to pay equity and inclusive recruitments, • Adjustments to information technology to reflect the transfer from in-house staff to contract help desk services; • Police department requests related to staffing, a new K9 unit, and the newly formed PSAB; • Public works equipment; and • Capital improvement projects. The amendment provided will withdraw an HR request for an additional FTE that is no longer needed. This supplemental will increase the FY 2021 budget by approximately$6 million. It will also increase the city's reserves by more than $15,000. Councilor Newton clarified that the police K9 request is largely funded by a donation and the only city-incurred costs would be associated with the existing officer moving to K9 duty and should be minimal. D. Public Testimony—None. E. Staff response to testimony—None. F. Mayor Snider closed the public hearing. G. Council consideration of Resolution No. 21-02 Council President Lueb made a motion to approve Resolution No. 21-02. Councilor Shaw seconded the motion. Director LaFrance clarified that the motion would need to be made with the amendment,which references the request for additional FTE withdrawn by HR. TIGARD CITY COUNCIL MEETING MINUTES -January 26, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 8 Council President Lueb amended her motion to approve Resolution No. 21-02, excluding the HR request for an FTE adjustment. Councilor Shaw seconded the motion. Mayor Snider asked Deputy Recorder Patton to read the number and title of the resolution. Resolution No. 21-02:A RESOLUTION TO ADOPT THE FY 2021 SECOND QUARTER BUDGET SUPPLEMENTAL INCLUDING BUDGET ADJUSTMENTS TO PUBLIC WORKS, POLICY AND ADMINISTRATION,AND COMMUNITY SERVICES,AS AMENDED Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ The motion passed unanimously. 8. PUBLIC HEARING: CONSIDER A RESOLUTION TO AMEND THE MASTER FEES AND CHARGES SCHEDULE RELATED TO SOLID WASTE FEE SCHEDULE A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony.Written comments were due by 4:30 p.m. this afternoon and those wishing to testify via phone could can 503-966-4101 to be put in the queue. C. Senior Management Analyst Kang explained that Pride Disposal provides the city's waste and recycling services under a franchise agreement. Per the agreement, services are provided Monday through Friday. Council has requested weekend service and the franchisees are requesting an additional$50 fee to recoup the cost of the additional labor on Saturdays only, requiring a four-day notification. Pride Disposal also requested a clarification in the fees and charges schedule that their special service fee is an hourly charge and not per occurrence. Staff recommend approval of the amendment to the master fees and charges schedule. Mayor Snider asked a clarifying question about the hourly charge of$82.96. There was discussion regarding the additions versus changes on the submitted staff report materials. Council President Lueb asked what a special service fee covered. Executive Manager Goodrich explained that there was a scrivener's error or misunderstanding in the past and the special fee was listed as per occurrence. The fee is used to cover any service not already included in the fees and charges schedule. There was discussion about what that fee would cover and whether to pass the changes now or whether to confer with Pride Disposal first to get further clarification. Executive Manager Good explained the fee has been on the master fees and charges schedule for a long time. TIGARD CITY COUNCIL MEETING MINUTES -January 26, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 8 The change proposed tonight is to adjust the"per occurrence"note to "per hour,"which does not represent a material change to the current operations of how the fee is being applied. Mayor Snider asked if this was already in the agreement between the two parties. Executive Manager Goodrich said it was a historical understanding between the two parties, but he was happy to come back to Council with further definition of the term from the franchisees. D. Public Testimony—None. E. Staff response to testimony. F. Mayor Snider closed the public hearing. G. Council Discussion of Resolution No. 21-03 • Councilor Goodhouse said he would like staff to return with a definition of the term before Council approval of this item since the difference between hourly and per occurrence could be significant. • Council President Lueb said she was comfortable moving forward with the special dropbox fee on weekend services but felt they needed further clarification on the special services fee. • Councilor Shaw said she would agree with both Council President Lueb and Councilor Goodhouse. Director LaFrance reviewed an email with the franchisee and shared that Pride Disposal had defined the special services fee as an hourly fee that can be used and is prorated on an as needed basis. For example, a commercial site where the driver has to spend time loading a substantial amount of material or spend time waiting at a site for a vehicle to be moved to access the dropbox. He said he thought this information would aid Council in their deliberations. Mayor Snider asked Council if they felt comfortable moving forward with that additional information. • Council President Lueb agreed. • Councilor Goodhouse was also in support of moving forward with that clarification. Councilor Goodhouse made a motion to approve Resolution No. 21-03. Council President Lueb seconded the motion. Mayor Snider asked Deputy Recorder Patton to read the number and title of the resolution. Resolution No. 21-03:A RESOLUTION AMENDING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE WHICH WAS ADOPTED UNDER RESOLUTION NO. 20- 32 AND 20-54. Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ TIGARD CITY COUNCIL MEETING MINUTES -January 26, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 8 The motion passed unanimously. 9. NON-AGENDA ITEMS—None. 10. ADMINISTRATIVE REPORT Interim City Manager Nyland shared the following administrative reports: • Washington County libraries have officially ended overdue fees for library materials; • The library strategic plan process is underway,with over 800 survey responses. It will continue to be open through February 1 st; • An update on the downtown business reimbursement program,which has received seven applications totaling$7,000 in requested assistance; • PSAB meetings continue with the next meeting on February 9th,where they are accepting public comment. Interim City Manager Nyland said she had appreciated the opportunity to give these reports and update the Council on all the good work the city is doing. The new City Manager Steve Rymer will be taking over as City Manager next week. Mayor Snider thanked Ms. Nyland on behalf of the Council, city, and staff for keeping the city on track during such a challenging time. 11. EXECUTIVE SESSION—None scheduled. 12. ADJOURNMENT At 8:39 p.m., Councilor Newton made a motion to adjourn and Councilor Goodhouse seconded. Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ The motion passed unanimously. Jooa� Caroline Patton, Dep City Recorder Attest: Jason B. Snider,Mayor Date: 4-13-21 TIGARD CITY COUNCIL MEETING MINUTES —January 26, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 8