City Council Minutes - 09/23/2003 COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
September 23, 2003
Mayor Griffith called the meeting to order at 6:31 p.m.
Council Present: Mayor Griffith; Councilors Dirksen, Moore, Sherwood, and Wilson.
• STUDY SESSION
UPDATE ON THE WASHINGTON COUNTY COOPERATIVE LIBRARY
SERVICES (WCCLS) FUNDING FORMULA AND PROPOSED WCCLS
LIBRARY OPERATIONAL LEVY
For Fiscal Year 2003/04 an interim reimbursement formula was implemented.
Because the WCCLS operational levy failed in November 2002, all jurisdictions
received less operational funding from Washington County for FY 2003/04.
Recently a three-year funding formula for reimbursement to jurisdictions was
adopted by WCCLS. The approval of this formula concludes 18 months of
meetings and discussions to resolve the formula issue. This new formula will be
implemented in Fiscal Year 2004/05. The Library Director and Council discussed
the spreadsheets contained in their meeting packet that outlined the projected
revenues the City of Tigard may receive for the operational funding of the library.
These projections are based on the successful passage of the WCCLS Library
Operational Levy in May 2004. The spreadsheets also forecast the funding
decline if the levy is not successful.
Tigard noted its concern at the Cooperative Library Advisory Board (CLAB)
meetings about the current funding formula and Tigard argued for consideration
of a service population formula rather than a formula based on circulation and
collection development. While the formula now being used appears to benefit
Tigard in the short run (especially if the operating levy passes in May), a service-
based formula would be sustainable and fluctuate less. However, the County
Board of Commissioners approved the formula recommended by CLAB for a
circulation-based formula. It is likely that adjustments to the amounts allocated to
jurisdictions will occur more frequently.
> REVIEW OF URBAN PLANNING AREA AGREEMENT (UPAA) WITH
WASHINGTON COUNTY (See Consent Agenda — Item 4.13)
Tigard City Council Meeting Minutes - September 23, 2003 Page 1
Community Development Director Hendryx reviewed the draft agreement
with the Council. The proposed amendments perform a maintenance
function. Mr. Hendryx noted that the two new urban growth areas adjacent
to Tigard will be added to the Agreement by an amendment at a later date.
The new Agreement contains general provisions about the future transfer of
County services to the City and future annexations into the City.
> CITY MANAGER REVIEW
Council discussed this item after the Business Meeting portion of this agenda.
Councilor Moore suggested that separate goals be considered for the City
Manager. One idea was that goals could be set for the Manager during the
Council's goal-setting meeting usually held in January of each year.
Council members said they would like to have time set aside on Council
agendas to discuss City policies, issues, and to explore new ideas. The Council
then discussed the following topics:
• Community Development Code Review -- Council members
reflected on how to regularly review the Community Development
Code. One thought was to establish a committee to periodically
review the Code and recommend changes. Mayor Griffith said that
while he was not opposed for the Code to be periodically updated,
such updates should not occur too frequently. As an example of
the need to review the Development Code, Council discussed the
intent of the Planned Development section of the code, which was
to promote innovation. Concern was expressed that the intent was
not being realized.
City Manager Monahan suggested the Council discuss the Planned
Development section of the Community Development Code at its
November Council Workshop Meeting.
• Council members discussed the recent issues and the settlement of
the Brown case and the public records request by the Oregonian.
City Manager Monahan noted the information was made available
to the Tigard Times as well.
• Council members discussed the Bull Mountain Annexation Plan and
the inquiries and questions received so far. In response to concerns
expressed by Councilor Moore, City Manager Monahan reviewed
the options available for annexation. There was discussion on
whether the March election is too soon. At this time, the City's
Tigard City Council Meeting Minutes - September 23, 2003 Page 2
efforts are to inform the residents as much as possible about
annexation 20 years of study and discussion. Mr. Monahan noted
the annexation plan includes aerial photos of the area 20 years ago
and the area as it is now developed — a lot of opportunity has been
lost. The decision now is what to do from this point forward.
• ADMINISTRATIVE ITEMS
- Senator Burdick and Representative Williams will attend the Business
Meeting; question cards are available to the public if they wish to pose
a question to the legislators.
- Discuss moving the City Attorney Review from October 14 (Study Session)
to November 18 (Study Session) — Attorney review will be on October 14.
- Reminder — Clay Roberts Presentation on 40 Developmental Assets Workshop
on October 8, 7-9 p.m., Fowler Middle School. RSVP — Contact TTSD at
503-431-4000 or 503-431-4022 (Distribute flyer) — Mayor Griffith will
attend.
- PGE — Portland issue — reviewed latest information
- Bull Mountain Annexation Plan — "coffee meeting" calendar — schedule is
being developed. First staff will work with the names already submitted and
then schedule meetings so they are geographically distributed. The first
community meeting will be on November 19 at Fowler Middle School. Two
more meetings will be held — one in January (Deer Creek) and one in
February (a City location).
- Update on the Balloon Festival Planning effort — Another Planning meeting
will be held on October 13 or 14. Atfalati has expressed an interest in
assisting this effort and taking on a greater role.
- Invitation from Storm Smith on behalf of Tualatin Valley Fire and Rescue for a
lunch with Mayor and Council on November 13 or November 20. — Council
selected November 20.
- Update on the Tigard-Tualatin School District Meeting Agenda (October 20,
6:30 p.m. in the Tigard Water Auditorium) — City Manager reviewed some
possible topics for discussion.
- Discuss Downtown Revitalization Strategy Scheduling — Task Force will be
meeting with the City Council on October 21 at the Workshop meeting. City
received a TGM grant for the downtown in the amount of $117,000. Also,
tentatively scheduled is another discussion about downtown revitalization at
the November 25 Workshop Meeting with Mr. Jeff Tashman. Councilor
Wilson shared some information from Alan Zell, as a possible connection for
the efort in the downtown.
• EXECUTIVE SESSION: Not held
Council meeting recessed: 7:31 p.rn.
1. BUSINESS MEETING
Tigard City Council Meeting Minutes - September 23, 2003 Page 3
1.1 Mayor Griffith called the City Council 8T Local Contract Review Board
meeting to order at 7:36 p.m.
1.2 Roll Call: Mayor Griffith; Councilors Dirksen, Moore, Sherwood and Wilson
1 .3 Pledge of Allegiance
1.4 Council Communications 8t Liaison Reports - None
1.5 Call to Council and Staff for Non-Agenda Items - None
2. PROCLAMATION — Mayor Issued the following proclamation
a. World Population Awareness Week, October 20-25, 2003
The theme of World Popuiation A wareness Week 2003 is. "Water, Our
Most Precious Natural Resource.," Water is vita/to the sustainability of life.
The world's population of 6.3 billion is expected to increase to nearly 9
billion before leveling off. Twenty percent of the world's population face
water shortages today, a figure expected to rise to 30 percent by 2025. A
giobai commitment for sustainable water management is necessary to pro vide
basic water requirements for drinking, cooking and sanitation. With the
concurrence of this City Council, the City of Tigard proclaims the week of
October 20-25 as World Population A wareness Week
3. VISITOR'S AGENDA — No visitors signed up to speak.
4. CONSENT AGENDA: Motion by Councilor Dirksen, seconded by Councilor
Sherwood, to approve the Consent Agenda as follows:
4.1 Reappoint Forrest Nabors and Irene Moszer to the Budget Committee —
Resolution No. 03 - 36 (Irene Moszer was present and after the Consent
Agenda was approved, Mayor acknowledged Ms. Moszer and presented her
with a City of Tigard Volunteer lapel pin.)
4.2 Appoint Jeff Jurrens to the Building Appeals Board in the Fire Marshall
Position — Resolution No. 03 - 37
4.3 Appoint Jason Ashley to the Park and Recreation Advisory Board — Resolution
No. 03 - 38
4.4 Appoint Rob Callan to the Tree Board — Resolution No. 03 - 39
4.5 Approve Budget Amendment #3 to Increase Appropriations for Funding of
Bonita Park and Embedded Crosswalk — Resolution No. 03 - 40
4.6 Approve Budget Amendment #4 to Recognize and Appropriate a Donation to
the Tigard Police Department for Staff Training and Bike Safety Programs —
Resolution No. 03 - 41
4.7 Approve Budget Amendment #5 to Increase Appropriations for Funding of
the Annual Membership Dues to the Regional Economic Development Partners
— Resolution No. 03 - 42
Tigard City Council Meeting Minutes - September 23, 2003 Page 4
4.8 Approve Budget Amendment #6 to Increase Appropriations for Funding the
Remaining Balance of Affordable Housing Assistance Given to Community
Partners for Affordable Housing in Fiscal Year 2002-03 —
Resolution No. 03 - 43
4.9 Approve Budget Amendment #7 to Increase Appropriations for Funding of
Sanitary Sewer Reimbursement District Projects — Resolution No. 03 - 44
4.10 Approve Budget Amendment #8 to Accept and Expend Domestic
Preparedness Grant Funds — Resolution No. 03 - 45
4.11 Approve Budget Amendment #9 to Recognize and Appropriate Funds from
the Fiscal Year 2003-04 State Marine Board Grant for the Operation and
Maintenance of Boat Ramp Facilities — Resolution No. 03 - 46
4.12 Approve Budget Amendment #10 to Correct the Schedule of Appropriations
of Budget Amendment #I — Resolution No. 03 - 47
4.13 Approve Proposed Amendments to the Washington County — Tigard Urban
Planning Area Agreement and the Washington County Comprehensive
Framework Plan — Resolution No. 03 - 48
4.14 Approve Revisions to City Wide Personnel Policies, Article 45.0, Electronic
Communications, Adding a New Section Titled "Personal Digital Assistants
(PDA)" — Resolution No. 03 - 49
4.15 Local Contract Review Board:
a. Award the Water Quality Analysis and Collection Services Contract to
Alexin Analytical Laboratories
The motion was approved by a unanimous vote of Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
5. DISCUSSION WITH STATE SENATOR GINNY BURDICK AND STATE
REPRESENTATIVE MAX WILLIAMS
Senator Burdick a Representative Williams were present. Representative Williams
commented that this last session was the longest in Oregon's history. The first part of
the session was devoted to balancing the budget for the previous session. Then, the
Legislature turned its attention to its traditional tasks: current budget, PERS reform,
lodging tax, judiciary matters. The last component of the session was devoted to
balancing the budget ($2 billion shortfall). Options were to borrow or raise taxes.
The Legislature passed a short-term income tax surcharge, which may be placed
before the voters (initiative petition). Senator Burdick noted that on the "big" votes,
she and Representative Williams voted similarly. She expressed appreciation for
Tigard City Council Meeting Minutes - September 23, 2003 Page 5
Representative Williams's leadership toward tax reform. Senator Burdick reminded
those present that her No. 1 priority was and is education. She advised that a
number of policy issues were addressed by the Legislature; however, these issues did
not make the headlines (i.e., tobacco laws, Internet sales to minors).
A joint committee of 12 House Representatives and 8 Senators will continue to work
on options for a major tax overhaul. The Legislature will reconvene in Special Session
in June 2004 to consider these options.
Discussion ensued on the hotel tax, change to building codes, daycare and childcare
issues, State Dept. of education vs. local school district regulations, large classroom
sizes, factors to be evaluated when reviewing test scores of students, school funding
structure, hunger in Oregon, economic development, and clean up of forest land to
prevent fires.
Representative Williams referred to the next two years and:
- challenge — if the tax measure fails, then $1 billion will need to be cut
from the state's budget (education, human services, public safety and
other programs).
- opportunity — reform the tax structure
6. CONSIDER WAIVING PURCHASING RULE 70.020 "SCREENING AND
SELECTION POLICY FOR PERSONAL SERVICE CONTRACTS" FOR
ENGINEERING SERVICES ON THE GAARDE STREET RETAINING WALL
PROJECT
In April 2002, the City entered into an Engineering Services Contract with DeHaas 8I
Associates for retaining wall design for the Gaarde Street Improvements — Phase 2
Project. This contract was developed in response to inadequate designs prepared by a
separate engineering firm under a contract that was terminated by the City due to the
poor quality of work.
The original contract with DeHaas 8T Associates was let under Purchasing Rule
70.020 (3) "Direct Appointment Procedure" and totaled $8,800. Work under the
contract included the review of existing drawings prepared by the previous
engineering firm and providing corrections to the existing plans and details. As the
project proceeded, additional required services came to light that should have been
competitively let but were added, by amendment, to the DeHaas 8i Associates
contract with the City. The increase in the scope of the project has largely developed
as City staff and DeHaas & Associates were forced to discard the work done by the
previous engineering firm and redesign the project. In all there have been four
Tigard City Council Meeting Minutes - September 23, 2003 Page 6
amendments to the work under the DeHaas and Associates original contract totaling
$68,000.
While the original contract with DeHaas 8T Associates met the requirements of
Purchasing Rule 70.020, the subsequent amendments did not. Staff should have
presented the entire project, specifically the amendments to the Local Contract
Review Board once the total of the project exceeded $25,000. Upon discovery of
the required additional work for the project, staff further should have prepared a
Request for Proposal and advertised the work accordingly. However, stopping the
design process to solicit for a new consultant would have required that new consultant
to become familiar with the issues, then redo and recertify work already completed by
DeHaas & Associates. Given the extent of work already completed and the need to
finish the design work so the project could be bid at the most opportune time for
favorable bids, staff proceeded to amend the scope of work of the existing contract.
The timely completion of the design work allowed bidding the project n early spring
of 2003 resulting in a low bid that was $1 .3 million less than the Engineer's Estimate
and $450,000 less than the next higher bid.
Staff has taken steps to ensure situations such as this will not occur in the future.
These steps will include a Purchasing Office review of contracts and amendments,
along with bid and proposal documents, and the inclusion of a detailed summary
outlining each agreement and the process used to solicit the said agreement, prior to
signature, are detailed in the City's Purchasing and Contracts Manual. The Manual,
currently undergoing committee review, will be distributed to all departments and
staff will be provided with training of the City's purchasing and contracting rules.
Council, sitting as the Local Contract Review Board (LCRB), proceeded to vote on
the proposed resolution.
Motion by Board Member Moore, seconded by Board Member Wilson, to adopt
LCRB Resolution No. 03-01 :
LCRB RESOLUTION NO. 03-01 - A RESOLUTION WAIVING
PURCHASING RULE 70.020 "SCREENING AND SELECTION POLICY
FOR PERSONAL SERVICE CONTRACTS" FOR ENGINEERING SERVICES
ON THE GAARDE STREET RETAINING WALLS PROJECT
The motion was approved by a unanimous vote of Board members present:
Board Chair Griffith - Yes
Board Member Dirksen - Yes
Board Member Moore - Yes
Tigard City Council Meeting Minutes - September 23, 2003 Page 7
Board Member Sherwood - Yes
Board Member Wilson - Yes
7. COUNCIL LIAISON REPORTS: Mone
8. NON AGENDA ITEMS: None
> Council resumed the Study Session meeting. See above for summary of discussion.
9. EXECUTIVE SESSION: Not held
10. ADJOURNMENT: 9:37 p.m.
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Tigard City Council Meeting Minutes - September 23, 2003 Page 8