City Council Minutes - 04/09/2013 Agenda Item No. 5 /_-�. _s
Meeting of /".�/ f"
Cily of Tigard
Tigard City Council Meeting Minutes
TIGARD April 9, 2013
Executive Session cancelled:
•
• STUDY SESSION
A. Review of 2013 Community Event Funding Requests
Staff report presented by Information Services Department Director LaFrance
and Confidential Executive Assistant Lutz. Council reviewed 2013 Community
Event Funding Requests to recommend in the proposed budget.After discussion
the council agreed to the following distribution of funds among the applicants as
follows:
• Broadway Rose: $ 10,000
• Festival of Balloons 20,000
• 4th of July 15,000
• Undesignated Set Aside 413*
• Tigard Little League 2,950
• Big Horn Brass Concert -0-
• Compassion Tigard** 10,000
• Dog Park 400
• Downtown Street Fair 700
• Mask&Mirror 6,000
• Relay for Life 1,000
• Templeton Annual Sock Hop -0-
• Tigard Farmers Market 8,500
• Tree Lighting 2,500
• Tigard High Graduation Party 2,000
• Tigard Historical Association 1,500
• Tigard Safety Town 4,000
• Tualatin Riverkeepers 2,500
• Tualatin Valley Community Band 2,000
$ 89,463
TIGARD CITY COUNCIL MEETING MINUTES—APRIL 9,2013
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*City Recorder Note: Adjusted from$415 to $413 by Finance and Information
Services Department Director LaFrance for reconciliation purposes with budget
document.
**For Compassion Tigard,City Council members asked that the applicant be
advised to submit this request as a Social Services request rather than Community
Events in the future.
A copy of the spreadsheet recording the council consensus on distribution of
community event funding is on file with the record copy of the meeting packet. The
spreadsheet also indicates where"in-kind" contributions for city services were
approved for specific community events.
Discussion was held on the variance in the quality of applications received. For
those events that were awarded a contribution from the city,council requested staff
craft a question(s) in next year's application process so applicants explain how the
city's funds were used to support the event. Also,council members discussed a
question that might give council members an idea of how dependent the event is on
city funding.
B. Administrative Items
• City Recorder Wheatley reviewed the following information pertaining to
tonight's council business agenda:
o Remove from the Consent Agenda consideration of January 29,2013
meeting minutes;to be rescheduled for April 23,2013.
o Agenda Item No. 4.13.—Proclaim April 2013 as Child Abuse Prevention
Month (this item was added to the Agenda on April 3,2013).
o Agenda Item No. 5—Quasi-judicial Public Hearing—Lennar Annexation
(additional packet materials):
■ Revised ordinance reflecting this area to be withdrawn from the
Tigard Water District.
■ April 5,2013 Letter from Neighbors on 133rd Avenue.
• Grant application threshold for City Council authorization—staff proposal to
raise threshold and submit resolution for council approval when required by
grant application requirements.
City Manager Wine advised of her authorization for staff to apply for grants
when equal to or less than$100,000 without the initial step of requesting council
approval for the application unless the grant application requirements require
council approval either by motion or by a resolution. Council will have
opportunities to determine whether to accept the grant proceeds if awarded at
the acceptance and appropriation phase.
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• National Guard Cities of Honor—May 17, 10 a.m. —Noon.—Assistant City
Manager Newton noted this is a change of date. Due to conflicts on calendars,it
appears that May 16 is a better date for this event. Assistant City Manager
Newton will check with the organizers to determine if the date can be changed.
• Qualification Based Solicitation Letter—SB644.
SB644 proposes that the "Qualification Based Solicitation" (QBS) bid process be
imposed on cities for projects estimated at$100,000 or more. The current
trigger requiring this process be used is $250,000.
After lengthy discussion,council members agreed that they would support a
letter to Tigard's state legislators and the committee chair opposing this change
and also stating the council's opposition to the current requirements imposed on
cities under the QBS bid process. Council President Henderson and other City
Council members agreed that the process should at least allow a city to select the
top three qualified bid responders and then negotiate project price.
City Manager Wine summarized that the message in the letter would include a
request for there to be an exploration for flexibility of implementation of the
QBS process. It is likely too late to introduce changes to the current law due to
timing for this legislative session. The next opportunity would be the short
session in 2014. Council members also requested the League of Oregon Cities
be asked to assist cities with weighing-in with the state legislature on this matter.
There was discussion about the recent QBS process as it was applied to the
design bid award for the Dirksen Nature Park. In response to a concern
expressed by Council President Henderson about whether an$8 million+ project
to develop this park was even feasible,City Manager Wine explained that the
standard metric corresponding to the percentage of design costs and its ratio to
total project costs does not necessarily apply to this project; that is,the end result
of the design project will not necessarily produce an$8 million price tag. In
addition,the design will produce a master plan to be implemented/funded over a
20+ year time period.
• Council Calendar:
April
16* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall
22 Monday Budget Committee Meeting—6:30 p.m.,Public Works Auditorium
23* Tuesday Council Business Meeting—6:30 p.m.,Town Hall
29 Monday Budget Committee Meeting—6:30 p.m.,Public Works Auditorium
30 Tuesday Tigard Town Hall—6:30 p.m.,Library Burgess Community Room
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1. BUSINESS MEETING -APRIL 9,2013
A. Mayor Cook called the meeting to order at 7:33 p.m. El
B. City Recorder Wheatley called the roll:
Name Present Absent
Mayor Cook ✓
Council President Henderson ✓
Councilor Buehner ✓
Councilor Snider ✓
Councilor Woodard ✓
C. Pledge of Allegiance
D. Mayor Cook asked for any Council Communications &Liaison Reports.
Councilor Buehner and Councilor Woodard gave reports at the end of the
meeting. (See Agenda Item No. 9) Im
E. Call to Council and Staff for Non-Agenda Items: None
2. CITIZEN COMMUNICATION (Two Minutes or Less,Please)
A. Follow-up to Previous Citizen Communication—City Manager Wine
1. Follow up: Request on February 26,2013, from the Hajduk family regarding having
the ability to raise chickens on residential property. The Community Development
Department is planning for a code review in the fall and the questions from the
Hajduk family will be incorporated in the code review. This has been communicated
to the Hajduks and they are looking forward to the changes that might come forward
from that process.
2. Follow-up: Request on February 26,2013 from Glenna Thompson who lives at the
Fanno Pointe Condominiums. Ms. Thompson asked the council for the blackberries
to be maintained near the Fanno Creek Trail. Staff contacted Ms.Thompson to
relay the understanding that the city agrees to maintain the trail and blackberries on
the side of the fence next to the trail. This activity will be incorporated into the city's
regular maintenance schedule.
3. IR Follow-up: Question raised by Councilor Woodard last week regarding the
status of the Scholls Ferry Road undercrossing on Fanno Creek Trail. This situation
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is not easy to address. There's a significant beaver dam complex in the area,which
causes the flooding of the trail on a regular basis. Council has received
communication from residents during the last year. The city owns some of the land
mostly on the west side of the creek and this encompasses the trail. The city
requires assistance from Clean Water Services and Tualatin Hills Park and Recreation
District to make a change. One proposal was to raise the trail;however,the solution
is not as easy as just raising the trail. City Manager Wine noted permits are required
and the beaver dams would also need to be addressed. Staff has been working with
Clean Water Services and will continue to do so. The city periodically clears the silt
and mud that collects. Last fall, the city installed pipe to allow water to run off the
trail. Because there is still beaver activity, flooding will continue to occur. Clean
Water Services is in the lead to come up with a longer term solution. The city will
continue to pursue temporary fixes to attempt to keep the water off the trail. Staff
will advise the City Council and the residents who communicated with the City
Council,once there is a solution offered by Clean Water Services.
B. Tigard High School Student Envoy- Associated Student Body President Megan
Risinger presented a report on the High School activities. A copy of her report is on
file with the council packet material.
IDA
C. Tigard Area Chamber of Commerce Debi Mollahan,Tigard Area Chamber of
Commerce Chief Executive Officer presented a report on Chamber activities. A
copy of her report is on file with the council packet material.
D. Citizen Communication: No one signed in to speak.
® 3. CONSENT AGENDA: (Tigard City Council,Local Contract Review Board and
City Center Development Agency)
A. Approve City Council Meeting Minutes for:
1 i 29,20 Reschedule to the Consent Agenda of April 23,2013.
2. February 5,2013 (City Council,Local Contract Review Board and CCDA
Minutes)
3. February 19,2013
B. Receive and File:
1. Council Calendar
2. Council Tentative Agenda for Future Meeting Topics
C. Appoint Alternate City Center Advisory Commissioner Carine Arendes to the City
Center Advisory Commission to Replace Resigning Member Tamera Slack
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RESOLUTION NO. 13-14-APPOINTING CARINE ARENDES TO BECOME A
VOTING MEMBER OF THE CITY CENTER ADVISORY COMMISSION TO
COMPLETE THE TERM VACATED BY TAMERA SLACK
D. Appoint Alternate Budget Committee Member Melanie Boekee to the Budget
Committee to Replace Resigning Member Cathy Hearn
RESOLUTION NO. 13-15 --A RESOLUTION APPOINTING MELANIE
BOEKEE TO BECOME A VOTING MEMBER OF THE BUDGET
COMMITTEE TO COMPLETE THE TERM VACATED BY CATHY HEARN
E. Consider Amendments to a Resolution of Necessity (Resolution No. 12-01)
Adopted by Council on January 24,2012 --Resolution
RESOLUTION NO. 13-16—A RESOLUTION TO AMEND RESOLUTION
NO. 12-01,REMOVING AND REPLACING PROPERTY NOS. 1,4 AND 6
WITH REVISED LEGAL DESCRIPTIONS AND DEPICTIONS.
RESOLUTION NO. 12-01 DECLARES THE NEED TO ACQUIRE RIGHTS
OF WAY AND TEMPORARY CONSTRUCTION EASEMENTS ON
PROPERTIES FOR THE PURPOSES OF INSTALLING,REPLACING AND
REPAIRING SIDEWALK AND GREEN STREET IMPROVEMENTS
NEEDED TO PROVIDE SAFE TRANSPORTATION ROUTES FOR
PEDESTRIANS
F. Approve Nomination of Tigard Applications for Regional Flexible Funds for
Transportation Projects
G. Authorize Submittal of Two Applications for Metro's Community and Development
Grant Program- Cycle 3
H. Authorize the Mayor to Execute an Agreement with the Oregon Department of
Transportation,to Partially Fund Main Street Phase II Improvements
I. Authorize the Mayor to Execute an Amendment to an Agreement with the Oregon
Department of Transportation to Partially Fund Main Street Phase I Improvements
J. Approve and Authorize the Mayor to Execute an Intergovernmental Agreement
with Washington County on the Walnut Street Improvement Project
Motion by Councilor Buchner, seconded by Councilor Woodard, to approve the Consent
Agenda.
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The motion was approved by a unanimous vote of City Council present.
Mayor Cook Yes
Council President Henderson Yes
Councilor Buehner Yes
Councilor Snider Yes
Councilor Woodard Yes
10 4. PROCLAMATIONS—Mayor Cook announced the following proclamations:
A. PROCLAIM APRIL 7-14 AS NATIONAL DAYS OF REMEMBRANCE
B. PROCLAIM APRIL 2013 AS CHILD ABUSE PREVENTION MONTH (Added
to the Agenda on April 3,2013)
5. UDICIAL UASI PUBLIC -
Q J C HEARING - ZCA2013 00001 -LENNAR ANNEXATION
REQUEST:A request to annex to the City of Tigard approximately 2.28 acres of property
LOCATION: 15060 SW 133rd Avenue;Assessor map 2S109DB,Tax Lot 800
COUNTY ZONES: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington
County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for
residential development at no more than six (6) units per acre and no less than five (5) units per acre,
except as specified by Section 300-2 or Section 303-6.The intent of the R-6 District is to provide
the opportunity for more flexibility in development than is allowed in the R-5 District.
EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District.The City of Tigard R-7
zoning district is designed to accommodate attached single-family homes,detached single- family
homes with or without accessory residential units,at a minimum lot size of 5,000 square feet,and
duplexes,at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also
permitted outright. Some civic and institutional uses are also permitted conditionally.
APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in
Community Development Code Chapters 18.320 and 18.390,Comprehensive Plan Goal 1, Goal 11,
Goal 12,and Goal 14; ORS Chapter 222;Metro Code Chapter 3.09.
Mayor Cook opened the public hearing. Associate Planner Floyd presented the staff report.
A summary of the report is on file with the council packet materials. There was no oral testimony.
Council received a letter from neighbors on 133`d Avenue; a copy of the letter is on file with the
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council packet materials. Associate Planner Floyd reviewed the issues brought forward in the letter;
however, the matter before the council was for annexation only and not for issues regarding
potential development of the property. Neighbors will be counseled as to the timing for raising their
concerns.
Mayor Cook closed the public hearing.
After the hearing, motion by Councilor Woodard, seconded by Councilor Buehner to adopt
Ordinance No. 13-05.
ORDINANCE NO. 13-05 -AN ORDINANCE ANNEXING ONE PARCEL OF LAND
APPROXIMATELY 2.28 ACRES IN SIZE,AND 1/2 OF THE ADJOINING 133rd
AVENUE RIGHT-OF-WAY TOTALING 0.13 ACRES,APPROVING THE LENNAR
ANNEXATION (ZCA2013-00001)AND WITHDRAWING PROPERTY FROM THE
TIGARD WATER DISTRICT,WASHINGTON COUNTY ENHANCED SHERIFF'S
PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS
MAINTENANCE DISTRICT.
The motion was approved by a unanimous vote of City Council present.
Mayor Cook Yes
Council President Henderson Yes
Councilor Buehner Yes
Councilor Snider Yes
Councilor Woodard Yes
6. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE TO AMEND THE
TIGARD MUNICIPAL CODE CHAPTER 15.20,STREET MAINTENANCE FEE
Purpose of hearing is to consider a proposed amendment to TMC 15.20 Street Maintenance Fee
language to accept the use of the Engineering News Record (ENR) Construction Cost Index-Seattle
along with the Oregon Monthly Asphalt Cement Material Price.
Finance and Information Services Department Director LaFrance presented the staff report and
responded to questions from the City Council. A summary of the report is on file with the council
packet materials.
Mayor Cook opened the public hearing.
There was no public testimony.
Mayor Cook closed the public hearing.
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After the hearing,there was a motion by Councilor Buehner,seconded by Councilor Snider,to
adopt Ordinance No. 13-06
ORDINANCE NO. 13-06-AN ORDINANCE TO AMEND TIGARD MUNICIPAL CODE
CHAPTER 15.20.050 STREET MAINTENANCE FEE
The motion was approved by a unanimous vote of City Council present.
Mayor Cook Yes
Council President Henderson Yes
Councilor Buchner Yes
Councilor Snider Yes
Councilor Woodard Yes
im
7. LEGISLATIVE PUBLIC HEARING- CONSIDER FISCAL YEAR THIRD QUARTER
SUPPLEMENTAL BUDGET AMENDMENT
Senior Analyst Collins presented the staff report and Finance and Information Services Department
Director LaFrance was available during the hearing to respond to council questions.
Mayor Cook opened the public hearing.
There was no public testimony.
Mayor Cook closed the public hearing.
Motion by Councilor Snider,seconded by Councilor Buehner,to adopt Resolution No. 13-17.
The motion was approved by a unanimous vote of City Council present.
Mayor Cook Yes
Council President Henderson Yes
Councilor Buehner Yes
Councilor Snider Yes
�-qq Councilor Woodard Yes
J City Council meeting recessed.
Local Contract Review Board meeting called to order.
TIGARD CITY COUNCIL MEETING MINUTES—APRIL 9,2013
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8. LOCAL CONTRACT REVIEW BOARD: AWARD CONTRACT FOR EAST BUTTE
HERITAGE PARK IMPROVEMENTS TO DA NEAL CONSTRUCTION,INC.
Senior Management Analyst Barrett presented the staff report. The city purchased property along
the west side of 103"'Avenue from Canterbury Lane to the Murdock Street right of way to develop
a neighborhood park. This park,East Butte Heritage Park,is included in the city's Parks Master
Plan and was selected by the Park and Recreation Advisory Board for parks bond funding
consideration. Senior Management Analyst Barrett reviewed the development plans for the park.
After council discussion and questions of staff about the reference checking of the lowest bidder,
there was a motion by Councilor Buehner,seconded by Councilor Woodard,to award a contract for
the East Butte Heritage Park improvements project to Da Neal Construction,Inc. in the amount of
$350,806 and to direct the City Manager to take the necessary steps to execute the contract.
The motion was approved by a unanimous vote of City Council present.
Mayor Cook Yes
Council President Henderson Yes
Councilor Buehner Yes
Councilor Snider Yes
Councilor Woodard Yes
Local Contract Review Board meeting concluded.
City Council meeting reconvened.
9. COUNCIL LIAISON REPORTS
10 Updates were received from Councilor Woodard on recent activities by the Park and
Recreation Advisory Board and a meeting he attended for the Clackamas River Water Providers.
10 Updates were received from Councilor Buehner regarding a recent MPAC meeting and a
meeting of the Lake Oswego/Tigard Water Partnership Oversight Committee.
10. NON AGENDA ITEMS
11. EXECUTIVE SESSION: Not held.
12.ADJOURNMENT—9 p.m.
Motion by Councilor Buehner,seconded by Councilor Buehner,to adjourn the meeting.
The motion was approved by a unanimous vote of City Council present.
TIGARD CITY COUNCIL MEETING MINUTES—APRIL 9,2013
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Mayor Cook Yes
Council President Henderson Yes
Councilor Buehner Yes
Councilor Snider Yes
Councilor Woodard Yes
Catherine Wheatley, City Recorder
Attest:
Mayor, Ci of Tigard L /
Date:
L•\adm\cathy\ccm\2013\final minutes\04 april\130409 final.docx
TIGARD CITY COUNCIL MEETING MINUTES—APRIL 9,2013
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