City Council Minutes - 06/28/2011 41
City ofTigard
Tigard Business Meeting — Minutes
TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD
MEETING DATE AND June 28,2011 - 6:30 p.m. Study Session;7:30 p.m. Business
TIME: Meeting
MEETING LOCATION• City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR
97223
Mayor Dirksen called the meeting to order at 6:34 p.m.
City Council roll call:
Name Present absent
Mayor Dirksen ✓
Council President Buehner ✓
Councilor Henderson ✓
Councilor Wilson ✓
Councilor Woodard ✓
• STUDY SESSION
o DISCUSS THE CITY'S REVISED TRAVEL AND TAXABLE FRINGE
BENEFITS POLICIES AND PROCEDURES
Finance and Information Services Department Director LaFrance introduced this
agenda topic. Also present for the discussion were Senior Management Analyst Barrett
who reviewed the travel policies and Payroll Specialist Strayer who reviewed taxable
fringe benefits. A copy of the agenda item summary is in the meeting packet,which
included a copy of the Travel Policies and a summary of the travel changes in a
PowerPoint presentation. The revised policies and procedures are based on IRS rules,
Oregon State Ethics Law,the Fair Labor Standards Act,and U.S. General Services
Administration guidance. The policies and procedures apply to all public officials and
representatives.
Senior Management Analyst Barrett's remarks included:
• Travel policies are in place for accountability to the public with regard to
spending public funds and to assurance compliance with applicable regulations.
TIGARD CITY COUNCIL MEETING MINUTES—June 28, 2011
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• The city has an agreement in place with Azumano Travel Agency for
government airfare rates. The advantage to the city is that the rates quoted are
refundable for west coast travel. Airlines are not participating in offering
refundable rates for travel east of the Rocky Mountains. The preference is for
staff to book air travel through Azumano;however, staff members are allowed to
book through other methods including online sites.
• City officials cannot accrue frequent flier miles for the City of Tigard.
• The city can procure a contracted rate on rental vehicles.
• If a city official chooses to drive a personal vehicle for local travel,insurance
information declaring sufficient coverage is in place is required to be on file with
the risk management division.
• Federal General Services Administration publishes meal and lodging per diem
rates for individual cities. The city's policy is to pay the per diem rate for
lodging. Lodging is an option for travel that is at least 50 miles from City Hall.
There are exceptions to the lodging per diem rate if it is in the benefit of the city.
For example,if an employee is traveling to Seattle and staying at the conference
hotel,it might be less expensive for the city to pay a higher a hotel rate rather
than to pay for a rental car or taxi fare to and from the convention hotel. The
key to this is to provide documentation.
• The city is shifting to an actual cost daily allowance for meal expenses when
traveling. The city will pay the actual cost for meals up to the GSA per diem
daily rate. The preferred method for payment is to use the city-issued purchasing
card to pay for meals;keep receipts and turn them in to the Finance Department.
Include gratuity payments also. Receipts can also be kept and turned in for
reimbursement. If there are conference meals paid within the registration,the
cost of the meal is deducted from the daily allowance. Alcohol can never be
purchased with city funds.
• On the first and last day (travel days) of city trips, the city will pay up to 75
percent of the daily per diem rate for meals.
• The city allows personal travel associated with city business; the employee shall
pay all personal costs associated with the travel.
• Entertainment expenses are paid only if included in the registration cost. The
exception is that the city will pay for (as an example) reception costs associated
with the travel event if there is documentation that the employee/official is
working at the reception.
• The city will not pay for personal items.
Payroll Specialist Strayer's presentation on taxable fringe benefits included the following
remarks:
• The IRS views the benefits included in this presentation as income and,
therefore, are taxable.
• Any gifts,including cash or cash equivalents,purchased by the city are taxable.
Flowers or plaques have no tangible cash value and are not taxable.
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• Discussion was held on City Council meals,which can be considered taxable if
the meal is not eaten during the City Council meeting. The nuances of this IRS
rule and Oregon ethic regulations for public employees were talked about at
length.
• Staff will be coming back to the City Council with additional information
regarding meals before City Council meetings, so the council members can
decide how to proceed.
B. ADMINISTRATIVE ITEMS
• Council Meeting Schedule
• Council Calendar:
o July 4 Monday Holiday; City Hall is closed.
o July 12 Tuesday Council Business Meeting
o July 20 Tuesday Council Workshop Meeting
• July 27 Tuesday Council Business Meeting
• August 16,2011, City Council workshop meeting might be cancelled.
• EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:15 p.m.
for consultation with legal counsel concerning legal rights and duties regarding pending
litigation under ORS 192.660(2) (h).
Executive session concluded at 7:29 p.m.
1. BUSINESS MEETING-TIGARD CITY COUNCIL,LOCAL CONTRACT REVIEW
BOARD AND CITY CENTER DEVELOPMENT AGENCY-JUNE 28,2011
A. Call to Order—Mayor Dirksen called the meeting to order at H 7:38 p.m.
B. Roll Call
Name Present Absent
Mayor Dirksen ✓
Councilor President Buehner ✓
Councilor Henderson ✓
Councilor Wilson ✓
Councilor Woodard ✓
C. Pledge of Allegiance
D. Council Communications &Liaison Reports IR Council President Buehner gave a
report during Agenda Item No. 9
E. Call to Council and Staff for Non-Agenda Items 19 None.
TIGARD CITY COUNCIL MEETING MINUTES —June 28, 2011
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2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication
City Manager Prosser advised a number of citizens spoke on June 14,2011,about the
removal of the abandoned beaver dam at Merestone Pond. Staff will be meeting next
week with the Oregon Department of Fish and Wildlife to obtain clarification about
what can and cannot be done to encourage the beavers to return. Following that
meeting staff will be hanging notices on neighborhood doors inviting them to a public
meeting to discuss alternatives.
B. Citizen Communication—Sign Up Sheet-- None.
H Mayor Dirksen reviewed the consent agenda:
3. CONSENT AGENDA: (Tigard City Council and the Center Development Agency)
A. Approve City Council Meeting Minutes
1. May 10, 2011
B. Receive and File
1. 2010 Pavement Condition Report,Including Street Maintenance Fee Findings
C. Resolution to Appoint Tigard Library Board Members Laura Cadiz,Dan Snyder,
and John Storhm, and Alternates Stephanie Carter and Katie Harris -Resolution No.
11-24
RESOLUTION NO. 11-24-A RESOLUTION REAPPOINTING JOHN
STORHM TO A FOUR-YEAR TERM AS A BOARD MEMBER,APPOINTING
LAURA CADIZ AND DAN SNYDER TO FOUR-YEAR TERMS AS BOARD
MEMBERS AND APPOINTING KATIE HARRIS AND STEPHANIE
CARTER FOR TWO-YEAR TERMS AS ALTERNATES TO THE TIGARD
LIBRARY BOARD.
The Mayor welcomed Dan Snyder who was present. Councilor Henderson thanked
those who stepped forward and applied for a position on the Library Board; 12
people were interviewed.
D. Resolution Declaring the "Remnant Triangle" Property as Surplus Property and
Authorizing the Transfer of the Property
TIGARD CITY COUNCIL MEETING MINUTES —June 28, 2011
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E. Submit a Non-Renewal Letter to Terminate the Regional Water Sales Agreement
with the City of Portland in 2016
F. Approve FY 2011 Edward Byrne MemorialJustice Assistance Local Solicitation
Grant Application
G. Resolution to Approve Workers' Compensation Insurance for City Volunteers -
Resolution No. 11-26
RESOLUTION NO. 11-26 -A RESOLUTION EXTENDING CITY OF
TIGARD'S WORKERS'COMPENSATION COVERAGE TO VOLUNTEERS
OF THE CITY.
H. City Center Development Agency: Resolution to Consider Additional Sites for the
Downtown Public Plaza-CCDA Resolution No. 11-02
CCDA RESOLUTION NO. 11-02 -A RESOLUTION AMENDING CCDA
RESOLUTIONS 07-03 AND 08-01 TO ALLOW CONSIDERATION OF
ADDITIONAL SITES FOR A DOWNTOWN PUBLIC PLAZA
Council President Buehner commented:
• Consent Agenda Item D—Remnant Triangle: This item relates to some property
the city bought from the Tigard Water District of which most was used to create a
joint driveway after a driveway was eliminated during the Burnham Street Project.
• Consent Agenda Item E—Non-Renewal Letter: The City of Tigard has one day in
which to give notification,July 1, 2011.
Councilor Wilson added that Item E is an important milestone in Tigard's quest to obtain its
own water source.
Councilor Henderson referred to Consent Agenda B and City Manager Prosser reported
staff had not planned to do an additional presentation;however,at Councilor Henderson's
suggestion this report will be scheduled on a workshop meeting.
Motion by Councilor Wilson, seconded by Council President Buehner, to approve the
Consent Agenda.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
TIG_ARD CITY COUNCIL MEETING MINUTES_—_June_28, 2_011_
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4. PROCLAMATION - PROCLAIM GEOGRAPHY AWARENESS WEEK: AUGUST 1-7,
2011
Mayor Dirksen issued the proclamation.
�J
5. INFORMATIONAL PUBLIC HEARING- CONSIDER A RESOLUTION FINALIZING
SANITARY SEWER REIMBURSEMENT DISTRICT NO. 50 (SW CANTERBURY LANE)
• IR Mayor Dirksen opened the public hearing.
• Hearing Procedures—This is an informational public hearing in which any person shall be
given the opportunity to comment.The formation of the reimbursement district does not
result in an assessment against the property or lien against the property. (TMC 13.090.050
(hearing on City Engineer's Report) and TMC 13.09.1053 (final hearing)
• Staff Report: City Engineer Kyle presented the staff report.
• Public Testimony—None.
• Staff Recommendation—Approve the finalization of Sanitary Sewer Reimbursement District
No. 50 (SW Canterbury Lane)
• IR Mayor Dirksen closed the public hearing.
• City Council Consideration: Resolution No. 11-27
RESOLUTION NO. 11-27 -A RESOLUTION FINALIZING SANITARY SEWER
REIMBURSEMENT DISTRICT NO. 50 (SW CANTERBURY LANE) AND AMENDING
THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION
NO. 10-57
Motion by Council President Buehner,seconded by Councilor Wilson,to adopt Resolution No.
11-27.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
TIGARD CITY COUNCIL MEETING MINUTES —June 28, 2011
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19
6. BRIEFING ON COMMUNICATION EFFORTS RELATED TO CAPITAL
IMPROVEMENT PLAN PROJECTS
City Engineer Kyle and Engineering Manager McMillan presented the staff report on City of
Tigard public involvement communication efforts. A copy of the staff's PowerPoint slide
presentation is on file with the council meeting packet.
Lake Oswego Communications Director Jane Heisler presented information about the outreach
efforts for activities resulting from the Lake Oswego/Tigard Water Supply Partnership.
Hotline numbers are available for citizens to call and have questions answered. Councilor
Woodard noted the importance of having a centralized information resource.
Council President Buehner noted Tigard citizens are aware of the need for a long-term water
source since the city has working on this for many years. Citizens have been informed about the
status quo,potential options and have a general idea of what it will cost to achieve a future water
supply. Ms. Heisler described the efforts to educate ratepayers regarding details about the water
plant in response to Council President Buehner's question about what information is available to
Lake Oswego residents.
Councilor Henderson also commented on getting the same message out to residents of both
cities. The Lake Oswego/City of Tigard needs to have a single message.
Councilor Wilson commented that support for the water plant and partnership seems to be a
little softer in Lake Oswego than in Tigard. He noted the importance of building citizens'trust.
Mayor Dirksen said he agreed with Councilor Wilson's comments. He pointed out that tonight's
presentation was on communication efforts and talking about the human element regarding how
these projects impact citizens. Ten years ago, the conversation would have been centered only
on the projects. Mayor Dirksen and Council President Buehner agreed that, at times,it had been
necessary to learn the hard way regarding the importance of communication.
E
7. LOCAL CONTRACT REVIEW BOARD:
Senior Management Analyst Barrett reviewed the following Local Contract Review Board items:
A. Award Contract for Financial Adviser Services to Western Financial Group and Direct Staff
to Execute the Contract
Motion by Council President Buehner, seconded by Councilor Woodard, to award the contract
for financial adviser services to Western Financial Group and direct staff to execute the contract.
TIGARD CITY COUNCIL MEETING MINUTES —June 28, 2011
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The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
B. Award Contract for Water Quality Testing and Laboratory Services to Alexin Analytical
Laboratories
Motion by Council President Buehner, seconded by Councilor Wilson, to award the contract
for water quality testing and laboratory services to Alexin Analytical Laboratories.
Council discussion on the motion followed. In response to a question from Councilor
Woodard, Senior Management Analyst Barrett explained water quality testing services. City
Engineer Kyle added that some of the testing requires expensive and specialized equipment
so it is more cost effective to contract this work. There was discussion regarding the
sampling schedules. The Request for Proposals detailed the type of samples needed.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
C. Award Contract for Pavement Maintenance Program Asphaltic Concrete Overlay to S-2
Construction
Motion by Council President Buehner, seconded by Councilor Wilson, to award the contract
for the pavement maintenance program asphaltic concrete overlay to S-2 Construction.
Staff explained the safeguards to assure projects are completed. In response to a question
from Councilor Henderson,Senior Management Analyst Barrett said there would be about
$40,000 remaining in the pavement maintenance program if this contract is awarded.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
TIGARD CITY COUNCIL MEETING MINUTES —June 28, 2011
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D. Award Contract for the 100th Avenue Sanitary Sewer Project to S-2 Construction
Motion by Council President Buehner, seconded by Councilor Wilson, to award the contract
for the 100''Avenue sanitary sewer project to S-2 Construction.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
8. COUNCIL LIAISON REPORTS
IR
Council President Buehner reported on her recent visit,with a number of other people who
have been working on the Lake Oswego/Tigard water plant, to an underground piping project
(directional boring) in Hillsboro. Overall she was very impressed with this operation. She
reported piping would be running under Lakewood Bay when distributing the clean water from
the West Linn plant going up A Street, through Lake Grove and then to Tigard. Mayor
Dirksen agreed with Council President Buehner that this was exciting technology and reduces
the impact to neighborhoods over traditional trenching—noise, disruption, and time.
10 Council President Buehner advised that Representative Doherty held a meeting in Town Hall
last week. About 50 people attended. There were several questions that came up regarding city
operations and Council President Buehner and Senior Management Analyst Wyatt were able to
answer some of these questions.
IRIn response to a question from Councilor Henderson,Mayor Dirksen said the legislative
session is not finished. City Manager Prosser said sine die is scheduled for Thursday.
19 Councilor Henderson commented on healthcare changes occurring at the county level with
new legislation adopted at this session. The end product is to allow physical and mental health
operations to work together.
9. NON AGENDA ITEMS: None.
10. EXECUTIVE SESSION: Not held.
11. ADJOURNMENT
1 Motion by Councilor Wilson, seconded by Council President Buehner, to adjourn the
meeting at 8:41 p.m.
TIGARD CITY COUNCIL MEETING MINUTES -June 28, 2011
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The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
C--L-
Brine Wheatley,City Recorder
Attest:
c
Mayor,City of Tigar
Date: Q
I:\ADM\CATHY\CCM\2011\Fina1 Minutes\6 June\110628 finaLdocx
TIGARD CITY COUNCIL MEETING MINUTES—June 28, 2011
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