City Council Minutes - 01/14/2014 City OL Tigard
Tigard City Council Meeting Agenda
J anuary 14, 2014
Mayor Cook called the meeting to order at 6:34 p.m.
Name Present Absenr
Mayor Cook ✓
Council President Henderson ✓
Councilor Buchner ✓(Participated by speaker phone
during the business meeting.)
Councilor Snider ✓
Councilor Woodard ✓
Staff Present: City Manager Wine,Assistant City Manager Newton,Engineering Manager McMillan,
City Recorder Wheatley,City Attorney Ramis.
• STUDY SESSION—January 14,2014
A. Briefing on the First Amendment to an Agreement with Clean Water Services (CWS)
Regarding the Derry Dell Sewer Project
Engineering Manager McMillan reviewed the staff report. The amendment is before
the City Council because several projects were added to the Derry Dell Sewer
Project. Additional to the initial sewer and creek realignment are the projects for the
culvert,widening of the road bed, trails,boardwalk and the waterline. CWS
requested the amendment to the agreement. CWS will oversee the entire project(s),
and the agreement identifies the funding required and the project scope. The
agreement will be before the City Council again in two weeks to authorize the
amendment.
In response to a question from Council President Henderson,Engineering Manager
McMillan explained the total price has not changed from what has been presented to
the council previously. During discussion on the total costs,City Manager Wine
noted the Derry Dell project was changed in the last budget amendment showing
consolidation of project costs. Along with the cost of the projects, the city will be
paying CWS to oversee the project. Engineering Manager McMillan said she could
provide a breakdown showing CWS'costs to oversee the project which formerly had
consisted of several different projects budgeted separately by the city but are now
combined;i.e.,one general contractor with subcontractors. The$900,000 figure
shown in the fiscal impact on the Agenda Item Summary is the estimate.
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City Manager Wine clarified that the matter being discussed is the amendment to the
contract with CWS;no budgetary impact changes are before the council at this time.
A profile of the project showing what has been authorized/estimated can be
prepared for the council.
Engineering Manager McMillan pointed out that$1.5 million is shown in the budget
for this project over the next two years. More money is budgeted than what was
estimated for the original project because there are additional components. Council
President Henderson pointed out the agreement will cover the work for the project
that will occur this year and next. After a comment by Mayor Cook,Engineering
Manager McMillan said the city will be liable for costs of the project as it bids.
Councilor Woodard advised he has observed the area has been cleaned up—trees
have been cut (where the Genesis Trail begins). He noted the statement in the
report that the boardwalk will provide a neighborhood connection from Johnson
Street on the west side of Derry Dell Creek to the trail on Johnson Street.
Engineering Manager McMillan said the Johnson/Johnson Streets are dead-end and
they will now be joined by the trail and boardwalk, Councilor Woodard said he liked
the idea of a boardwalk. He recalled that this was called for in the trails project list
and when all the added projects are totaled,the entire cost comes closer to the
discretionary funding limit. Engineering Manager McMillan acknowledged there was
additional expense because of the boardwalk and was a component that required
negotiation with CWS. Tigard staff contended that now is the time to make this
neighborhood connection because of timing/penydning.
The boardwalk is in the scope of work. Councilor Woodard noted this will drive up
the costs. He said this situation is similar to one that exists in the Dirksen Nature
Park where he was advocating a boardwalk over the wetland area. Situations like this
require a policy decision by the City Council—current policies do not allow the city
to build a boardwalk or observation deck into a"watery area." Engineering Manager
McMillan said CWS advised that placing the trail through the grass and creek(rather
than a structure) is better for wildlife. Councilor Woodard reiterated the need for a
council policy discussion on boardwalks into wet areas—he maintained there is a
"smart way" to do this but also acknowledged the opposite stance an
environmentalist would likes,, take because of the disturbance to the area.
In response to a question from Council President Henderson,Engineering Manager
McMillan said that the consultant's designs/plans are about 90 percent complete.
The hope is to bid the project in April so construction can begin July 1.
City Manager Wine said she did not envision the policy discussion on building in
waterways would affect this project. The city builds in waterways when we obtain
the permits to do that. The policy question about whether the City of Tigard thinks
building in waterways is desirable from our perspective is one the PRAB and City
Council should address.
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Councilor Woodard said that addressing the policy issue would make way for similar
combining of projects when the timing is right;i.e.,the Dirksen Nature Park
improvements. Engineering Manager McMillan pointed out the added value realized
when projects are combined and requested in one permit package.
City Manager Vicine cautioned that a policy change would not necessarily mean the
city would be able to always build a structure in a wetland area—permits and
regulations by other agencies would prevail.
City Manager Wine said she thought the policy question being raised can be resolved,
but does not need to be resolved for council approval of this IGA. In response to a
comment by Council President Henderson,City Manager Wine said costs will be
known when bids are received. City Manager Wine said the budgetary question will
be answered between now and the time this matter comes before the City Council.
B. Administrative Items
• Council reviewed the upcoming meeting schedule:
Council Calendar.
anuari
14 Tuesday Council Business Meeting,6:30 p.m.,Town Hall/RRCCR
20 Monday Martin Luther King,Jr. Holiday—City Hall Offices Closed
21 Tuesday Council Workshop Meeting,6:30 p.m.,Town Hall
28 Tuesday Council Business Meeting,6:30 p.m.,Town Hall/RRCCR
• Mayor Cook referred to a potential city committee volunteer,Paul Dreschler. He
was under consideration for appointment to the Parks and Recreation Advisory
Board(DRAB). Air.Dreschler has been appointed to a City of Gresham board,
which conflicts with the PRAB meeting night. After discussion,City Manager Wine
confirmed that staff will send Mr. Dreschler an application and encourage him to
apply for appointment to the City Center Advisory Commission (CCAC).
• Councilor Snider asked City Attorney Ramis about a situation where there is a
quorum of council members who recuse themselves from participation in a quasi-
judicial proceeding. Can the remaining council members take action? Mr. Ramis
said the standard is that the council can only act or approve an item with a majority
of a quorum. However,if a situation occurs whereby a quorum cannot be achieved
because a quorum of the council has declared a conflict or removed themselves from
the deliberation,the"rule of necessity"could be applied. This means that even
though people are otherwise disqualified,members are allowed to step in to achieve
a quorum and take action. The person(s)who participate would acknowledge their
conflict and that they were acting under the"nde of necessity."
During the discussion,the mayor referred to the West Linn Council meeting of
January 13 whereby the audience was asked if they had any objections to
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participation of any member of the council on the subject of the public hearing. City
Attorney Ramis advised it is probably not technically necessary to ask the audience
this;but, the fair thing is to let people know what the rules are and guide them
through it.
City Manager Wine said the city charter advises: "A majority members of the
council shall constitute a quorum for its business,but a smaller number may meet
and compel the attendance of absent members in a manner provided by ordinance."
City Attorney Ramis went on to interpret(in response to a question from Council
President Henderson) that a participation of a majority of members participating
constitutes a quorum;a decision can be made based upon the majority vote of the
quorum.
There was discussion on how to resolve a challenge to impartiality. City Attorney
Ramis described one practice,which is to consider the challenge and then have the
council deliberate and vote on whether the challenge is accepted. Mr. Ramis said
there is a body of law and cases about what is considered impartiality and what is
considered a conflict of interest. The standard is fairly high for demonstrating bias.
Some of the cases are older and Mr. Ramis cautioned that the standards for a conflict
of interest are becoming more strict. The judgment on whether there is bias in a
quasi-judicial matter is assigned to the Land Use Board of Appeals (LUBA) and the
Court of Appeals. Conflicts of interest are judged by the Ethics Commission.
There was discussion on state law or charter language applying to bias and
impartiality. Assistant City Manager Newton commented that apparently,the City of
West Linn has a process that allows people to make challenges of bias on the part of
the City Council at a meeting rather than filing a charge of such bias after the
meeting. The West Linn proceedings were paused to determine if the definitions
were compatible(state and city) and the decision was made to adopt the state's
definition of impartiality. LUBA requested that West Linn make the determination
of which definition it would follow.
Mayor Cook questioned whether there is anything missing or anything that should be
included in the council groundrules. Councilor Snider pointed out that West Linn
decided that the council groundrules was not a good location for this definition;
rather,it should in the city code. City Attorney Ramis said absent any reference in
the council groundrules,there is definition regarding bias/conflict of interest in case
law or in the city code. City Manager Wine said staff would review the groundrules.
Councilor Snider suggested if there is such a reference in the groundrules to
bias/conflict of interest,that the council take action to remove this reference.
• City Manager Wine reviewed the upcoming Legislative Reception at the Westside
Economic Alliance on January 22. Council members will advise staff if they plan to
attend.
• EXECUTIVE SESSION: Not held.
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1. BUSINESS MEETING—January 14,2014
A. Mayor Cook called the meeting to order at 7:32 p.m.
B. Roll Call
Name Present Absent
Mayor Cook ✓
Council President Henderson ✓
Councilor Buehner ✓ (attended via speaker phone)
Councilor Snider ✓
Councilor Woodard ✓
C. Mayor Cook led the Pledge of Allegiance.
D. Council Communications&Liaison Reports— None
E. 9 Call to Council and Staff for Non-Agenda Items—None.
2. CITIZEN COMMUNICATION
A. Mayor Cook asked the city manager if there was any follow-up to previous citizen
Communication.
B. Tigard High School Student Envoy— H Associated Student Body President E) Albaugh
presented a report on activities at the T rd High School.
C. Tigard Area Chamber of Commerce— IQ CEO Debi Mollahan presented a report on
activities at the Chamber of Commerce. A copy of the highlights of her report is on file with
the record copy of the meeting packet.
D. Citizen Communication—None.
3. CONSENT AGENDA: (Tigard City Council)
A. Approve City Council Minutes for.
• September 12,2013
• September 17,2013
• September 24,2013
• October 8,2013
• November 19,2013
B. Receive and File:
1. Council Calendar
2. Council Tentative Agenda for Future Meeting Topics
C. Approve a Resolution in Support of a Nature in Neighborhoods Metro Grant Application
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RESOLUTION NO. 14-01 —A RESOLUTION IN SUPPORT OF AN APPLICATION FOR A
METRO NATURE IN NEIGHBORHOODS CAPITAL GRANT TO FUND DEVELOPMENT
OF DIRKSEN NATURE PARK
i
D. Approve a Resolution to Apply for an EPA Brownfields Assessment Grant
RESOLUTION NO. 14-02 --A RESOLUTION APPROVING SUBMITTAL OF AN EPA
BROWNFIELDS ASSESSMENT GRANT APPLICATION
Motion by Councilor Buchner,seconded by Councilor Woodard, to approve the Consent Agenda.
The vote was approved by a unanimous vote of council present.
Mayor Cook Yes
Council President Henderson Yes
Councilor Buchner Yes
Councilor Snider Yes
Councilor Woodard Yes
4. APPOINT TANYA FIREMOON,KAREN HUGHHART, KAREN MOHLING,ELISE
SHEARER AND KEVIN WATKINS AS VOTING MEMBERS AND MARK CARLTON AND
ERIK HALSTEAD AS ALTERNATES TO THE TIGARD TRANSPORTATION ADVISORY
COMMITTEE
Mayor Cook acknowledged Elise Shearer,who was in attendance at tonight's meeting. He presented
her with a City of Tigard lapel pin and thanked her for volunteering to serve on this committee.
Motion by Councilor Woodard,seconded by Council President Henderson, to adopt Resolution
No.14-03.
RESOLUTION NO. 14-03- A RESOLUTION APPOINTING TANYA FIREMOON,KAREN
HUGHART,KAREN MOHLING,ELISE SHEARER,AND KEVIN WATKINS AS VOTING
MEMBERS OF AND MARK CARLETON AND ERIK HALSTEAD AS ALTERNATES TO
THE TIGARD TRANSPORTATION ADVISORY COMMITTEE('ITAC)
The motion passed by a unanimous vote of City Council present:
Mayor Cook Yes
Council President Henderson Yes
Councilor Buchner Yes
Councilor Snider Yes
Councilor Woodard Yes
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5. QUASI JUDICIAL PUBLIC HEARING - PROPOSED EAST BULL MOUNTAIN CITY
PROPERTY/WILMINGTON LANE ANNEXATION (ZCA2013-00004)AND LOCUST
STREET ANNEXATION (ZCA201300006) —ORDINANCES
PROPOSAL: A request to annex city owned properties and right-of-way into the City of Tigard.
The areas to be annexed are known as sites A, B, and C. Site A is made up of twoparcels totaling
8 acres. Site B is a portion of SW Wilmington Lane right-of-way(3,166 square feet). Site C is a
city owned property on Locust Street (1,986 squarefeet) that will be dedicated as right-of-way.
LOCATION: The properties to be annexed are found within two different areas of Washington
County. Sites A & B are located on the east side of Bull Mountain within a small unincorporated
island of Washington County. The Locust Street property is within Metzger and lies between SW
87th and Wh Avenues.
Site A: 13950 SW Alpine Crest Way; Washington County Tax Assessor's Map
(WCTM)2S104DC,Tax Lots 5800 and 5900. Site B: No address or map and parcel number.
Site C: No address;WCTM IS135AA,Tax Lot 00701.
COUNTY ZONES: R6: Residential,5 units/acre minimum density,6 units/acre maximum
density.
TO: 18-24(Transit Oriented Residential District, 18-24 units per acre).
CITY ZONES: R-7: Medium Density Residential District.
R-4.5:Low Density Residential District
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.
A U Mayor Cook opened the public hearing.
IQ � it) Attorney Ramis reviewed the hearing procedures.
C. W Mayor Cook reviewed the following:
Declarations or Challenges
- Do any members of Council wish to report any ex parte contact or information
gained outside the hearing,including any site visits?
Councilor Buehner said she is vena familiar with the site; she has walked in this
vicinity in years past.
Council President Henderson said he is familiar with this property; he's attended
several meetings regarding East Bull Mountain planning efforts. Property known as
"5900"belonged to his wife at one time;however,she sold the property.
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Councilor Snider said he participated in a formal city tour of this site.
Councilor Woodard advised he has walked the site's trails numerous times.
Mayor Cook said he has had no ex parte contact relating to this site; but, he has
taken site visits,walked the trail and was on the site during Eagle Scout projects.
City Attorney Ramis said if any hearing participants wanted to ask the council about
the facts the councilors know about the property,they were free to do so.
[lave all members familiarized themselves with the application? All council
members indicated they were familiar with the application.
Are there any challenges from the audience pertaining to the Council's jurisdiction to
hear this matter or is there a challenge on the participation of any member of the
Council? There were no challenges.
d. ® Associate Planner Caines presented the staff report. This proposal involves
three separate sites that are city-owned properties within different locations in
Washington County. She pointed out the locations of the properties on a map.
A detailed description of the properties'locations and a short outline of status are
contained in the written staff report. Ms. Caines also reviewed the zoning
designations to be assigned to the sites upon annexation. Services to the proposed
annexations are readily available and there is capacity should any development occur.
Staff recommended approval of the proposed ordinances.
e. 9 Public Testimony- None
f. Council discussion:
In response to a question from Mayor Cook,Associate Planner Caines explained the
zoning designations. Site A is currently zoned R-6 and Site B has no zoning
designation because it is public right of way. Site C is city-owned property that will
be dedicated for public-right-of way purposes once annexed.
Councilor Buchner asked if right of way is being annexed immediately in front of
two parcels that have chosen not to annex. Associate Planner Caines advised that
currently there is no adjacent right of way for those two parcels because they are
accessed from Alpine Crest Way through an easement. Associate Planner Caines
understands that vehicular access to the park would come from the north from the
public streets.
g. 9 Mayor Cook closed the public hearing.
h. Council Discussion and Consideration:
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Councilor Woodard, Councilor Snider and Mayor Cook expressed their support for
approval of the proposed annexations.
Motion by Councilor Buchner for approval of Ordinance Nos. 14-01 and 14-02.
City Recorder Wheatley read title and number of Ordinance No. 14-01:
ORDINANCE NO. 14-01 -- AN ORDINANCE ANNEXING TWO (2)
PARCELS OF LAND AND A PORTION OF RIGHT OF WAY TOTALLING
APPROXIMATELY 8.07 ACRES, APPROVING THE EAST BULL.
MOUNTAIN CITY PROPERTY AND WILMINGTON LANE ANNEXATION
(ZCA2013-00004) AND V'I7'HDRAWING PROPERTY FROM THE TIGARD
WATER DISTRICT, WAS14INGTON COUNTY ENHANCED SHERIFF'S
PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS
MAINTENANCE DISTRICT.
Council roll call vote on Ordinance No. 14-01:
Mayor Cook Yes
Council President Henderson Yes
Councilor Buchner Yes
Councilor Snider Yes
Councilor Woodard Yes
City Recorder Wheatley read the title and number of Ordinance No. 14-02:
ORDINANCE NO. 14-02 --AN ORDINANCE ANNEXING ONE (1) PARCEL
OF LAND TOTALLING APPROXIMATELY 1,986 SQUARE FEET,
APPROVING THE LOCUST STREET ANNEXATION (ZCA2013-00006) AND
WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY
ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON
COUNTY URBAN ROADS MAINTENANCE DISTRICT.
Council roll call vote Ordinance No. 14-02:
Mayor Cook Yes
Council President Henderson Yes
Councilor Buchner Yes
Councilor Snider Yes
Councilor Woodard Yes
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r
6. APPROVE AN EXTENSION OF THE EXISTING METRO AREA COMMUNICATIONS
COMMISSION (MACC) FRANCHISE AGREEMENT WITH COMCAST THROUGH
DECEMBER 31,2014 TO ALLO\X'FOR THE "FORMAL" FEDERAL NEGOTIATION
PROCESS BETWEEN MACC AND CONICAST
IT Manager Lou Sears introduced this agenda item. Mr. Sears advised that Councilor Woodard is
the current City of Tigard MACC Commissioner and Councilor Woodard also serves as the Vice-
Chair on the commission. Council President Henderson and Councilor Buchner formeriv served on
the MACC Commission. Mr. Sears introduced Fred Christ,MACC's Regulatory Affairs Manager
and Bruce Crest, MACC's Administrator.
A representative of Comcast,Tim Goodman,came forward to speak to the City Council at the
invitation of Mayor Cook:
• Tim Goodman advised he represented Comcast's Government Affairs Office. Comcast is
located on Nimbus Drive in Beaverton.
Mr. Goodman said that Comcast has no issue with the extension of the franchise agreement,
which is proposed in the resolution before the City Council this evening. Comcast is concerned
with MACC taking the negotiations to a formal process and listed the following reasons:
• Additional costs to Comcast and to the public.
• Comcast does not feel formal negotiations are necessary. The best thing for the community
is for both parties to return to the negotiating table and reevaluate the issues. He wants to
avoid an adversarial,litigious and lengthy process.
• Out of 6600 franchises in the U.S. there is only one other that is in a formal process.
Comcast feels there is a better way to negotiate than using the formal process.
Councilor Snider asked if Mr. Goodman understood there is a reason why a public entity would
want to press forward to move to a formal process. In response to Councilor Snider,Mr.
Goodman said Comcast is open to making changes in the franchise agreements. He recounted
the negotiation sequences and pointed out that both sides have moved from their positions on
some minor issues. Major points are still unresolved. He referred to the terms of the Public
Education and Government (PEG) programming section of the agreement where there has
been little movement throughout the negotiations.
Councilor Snider said from the government entities'perspective,the current negotiation process
is not working. Mr. Goodman said just because an entity requests something,does not mean
they should get all that they ask for. The requests will cost their subscribers (Tigard's
constituents) more money. He said he is talking about overly burdensome regulatory
requirements the Comcast competitor does not have. There are things that Comcast simply will
not agree to and it is in the best interest of Tigard's constituents and Comcast's customers to
fight "for these things." While Comcast is a for-profit business,they understand there are
certain items that need to be provided to a community. MACC wants to broadcast PEG
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programming in high definition and that is expensive. If this is a priority of local jurisdictions,
then Mr. Goodman said MACC needs to adjust its position somewhere else. Comcast will
proceed in keeping with good business practices and to the benefit of their subscribers.
Councilor Woodard referred to the formal negotiating process and said there is still opportunity
for the agreement to be resolved informally. About 33 meetings have been dedicated to
negotiations so far and it is conceivable the process will go on for another year or two. This
could mean loss of grants and services.
Mr. Goodman said Comcast has been committed to the negotiations. They have worked hard
to meet the 11LkCC deadlines,which they felt have been a bit unrealistic. They have successfully
negotiated over 20 franchises in the Portland/SW Washington area. The issues are complex.
Comcast would prefer to resolve this in an informal process.
• ® Fred Christ and Bruce Crest of MACC spoke to the City Council.
Mr. Crest reviewed the negotiations process and outlined the formal process.
o When Comcast sent a 2011 letter telling MACC they wanted to renew the franchise,the
formal process was triggered. MACC responded to Comcast acknowledging that the formal
process was initiated;however,they would agree with Comcast's request to work with them
in the informal process.This is a standard practice for franchise negotiations throughout the
country.
o A formal process is established through federal law,which was created to make sure that
cable companies and local governments approached negotiations on a "level playing field."
The formal process is very structured. The initial steps of the formal process are also used in
the informal process,which is to conduct a needs assessment. MACC spent more than a
year assessing the needs of the various MACC communities.
o A community needs assessment was completed by 114r. Christ and Mr.Crest about a year
ago. The Commission reviewed and accepted the needs assessment and authorized staff to
go forward with negotiating a franchise with Comcast in the informal process.
o The informal process is similar to any negotiation process whereby parties meet at the table
and have a series of meetings to negotiate,discuss and attempt to reach a reasonably
satisfactory conclusion for both parties. Once a conclusion is reached, the Commission
votes on it and,if passed,the Commission will recommend to each of the member
jurisdictions to accept the agreement.
o Before the first meeting with Comcast in February 2013,MACC staff did some research.
They reviewed the proceedings for two other area franchise agreements, Mt. Hood and
Vancouver. Both of those agreements took about two years to negotiate.
o The original 1999 franchise between MACC and Comcast is now under consideration for
amendment. This 1999 agreement was created out of"whole cloth"in a five- to six-month
period of time.
o Mr. Crest referenced the proceedings in Vancouver and noted there were periods of time
when no negotiations occurred because the city was waiting for Comcast to get the
Philadelphia office to review the franchise draft. When the review was done,there were
many problems that needed to be addressed and this required an extension of the franchise.
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o In the Portland/Mt. Hood franchise agreement process,the circumstances were similar in
that there were long delays in the negotiation process and two agreement extensions were
required.
o MACC,in an attempt to improve the negotiation process,sat down with Comcast
representatives and proposed a series of 12-15 meetings over a period of time from March
through the first part of September. The plan was to meet twice a month for about four
hours per meeting on a schedule that would address the tough issues up front. Mr.Crest
reviewed the character of the meetings that occurred since February. Both sides warned one
another about the approvals they would be required to obtain either from other offices or
from member jurisdictions.
o Early in the process,Comcast was not providing information in advance of meetings for any
proposed changes to the agreement. This became a pattern and was similar to Comcast's
approach to the negotiations for the Mt. Hood and Vancouver agreements.
o In June 2013,MACC staff reported to the Commission that it was likely deadlines would not
be met to renegotiate the agreement since progress was not being made. The Commission
authorized the Executive Committee to act on behalf of the Commission during the summer
months when the Commission does not meet. The Committee was authorized to act as
advisor to the staff and to invoke the formal process if needed during the summer months.
o During the summer of 2013 the negotiations began to move along a little better,but there
were a lot of issues that remained outstanding. Meetings were increased so that they were
meeting every week for four hours along with side meetings with attorneys—this continued
throughout the summer.
o In September there was a meeting with the Executive Committee whereby doubts were
expressed that this would get done by the end of the year. Staff talked the Executive
Committee out of moving ahead with the formal process so they could have more time to
work with Comcast.
o On October 10,the Executive Committee decided that negotiations needed to be done by
the end of the month. If not,they would meet in November to move forward with the
formal process.
o More meetings were added to the schedule in October. The last meeting was on October 25
and Comcast started bringing up issues previously negotiated and agreed upon.
o MACC representatives told Comcast they did not see the value of continuing to meet. But,
MACC also told Comcast they would be willing to meet with them again informally prior to
the November 22 Commission meeting if Comcast could bring some concrete proposals to
the table. Comcast countered that MACC should bring the concrete proposals to the table.
o The Executive Committee voted unanimously to pursue the formal process. The
Commission reaffirmed this decision on December 13,with all Commissioners voting to
support the formal process and to request the jurisdictions to extend the franchise to allow
this to happen.
o Mr. Crest said the agreement could be finished within a year since the formal process has set
time petiods for events to occur.
Discussion followed with the council members asking about process and whether other forms of
mediation had been contemplated. Mr. Christ spoke to turning to the formal process,which would
provide for setting of goals,meeting deadlines and adhering to the process.
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Sentiment was expressed by the council to support the extension of the agreement as proposed.
Council members acknowledged the value added to the community by the service Comcast
provides. Mayor Cook said his support to agree to extend the franchise agreement is not intended
to indicate he favors one side of the negotiations over another.
Motion by Councilor Woodard,seconded by Councilor Snider,to adopt Resolution No. 14-04.
RESOLUTION NO. 14-04 -A RESOLUTION EXTENDING THE TERM OF THE CABLE
TELEVISION SERVICES AGREEMENT WITH COMCAST OF OREGON II,INC.TO
ENABLE THE METROPOLITAN AREA COMMUNICATIONS COMMISSION TO
COMPLETE THE FORMAL REVIEW PROCESS
The motion passed by a unanimous vote of City Council present:
Mayor Cook Yes
Council President Henderson Yes
Councilor Buchner Yes
Councilor Snider Yes
Councilor Woodard Yes
7. ADOPT 2014 CITY COUNCIL GOALS
City Manager Wine presented the staff report. The draft of goals was created and shared with the
City Council after its goal-setting retreat in September 2013. Council idendfied four major areas of
focus,which were later expanded to ten areas to focus upon through the end of 2014.
This item is on tonight's agenda as a formality. Immediately after the September goal setting staff
began to move forward in implementing the goal areas.
8 City Manager Wine referred to the attachment to the agenda item summary,which shows the
ten goal areas along with milestones reflecting the expectation of the City Council in those areas. An
estimated timeline was also shown on the list. City Manager Wine will be placing this information in
another format for future reporting on the status of the goals.
Executive Staff was asked to comment on whether the listed goals and timelines were attainable.
Particularly with the work to be done on River Terrace and the SW Corridor,staff would like to
have additional discussion with the City Council regarding the timelines—no major changes are
anticipated.
8 Council President Henderson concurred that the list presented is a good one. He said he
wanted to make sure that staff feels the list is realistic and the schedule doable. He noted his
appreciation for setting the dates and times and agreed with City Manager Wine the need for stating
whether it is realistic to achieve.
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® Mayor Cook acknowledged the aggressiveness of the timelines;however,he supported this as a
way to proceed with focus and to push forward. He likes working under aggressive timelines,but
does not want it to be punitive.
® Councilor Woodard agreed the timeline is aggressive and noted his support of the list. City
Manager Wine commented that the timelines associated with the River Terrace development will
likely need further analysis especially those pertaining to building permits/construction/
infrastructure. Also,goal milestones for the Six'Corridor will require some timeline adjustments.
Motion by Council President Henderson,seconded by Councilor Woodard,to adopt the 2014
council goals.
The motion passed by a unanimous vote of City Council present:
Mayor Cook Yes
Council President Henderson Yes
Councilor Buehner Yes
Councilor Snider Yes
Councilor Woodard Yes
8. ADOPT THE 2014 STATE AND FEDERAL LEGISLATIVE AGENDAS
Assistant City Manager Newton presented the staff report as presented in the written materials
provided in the council meeting packet. She referred to the council discussion of the legislative
agenda for the state legislature that occurred during the December 10,2013,City Council meeting.
8 Ms. Newton referred to the draft federal legislative agenda for council consideration. She
reviewed the list and highlighted areas of new focus. She spoke to the value of the list to match up
the priorities of the city to potential funding opportunities that become more evident. Several
programs are being funded for which the city might be able to obtain funding.
Discussion followed on federal and local processes for prioritizing and funding specific projects and
programs. There was also clarification of the omnibus (comprehensive) federal budget package
recently approved with several program areas restored to full funding.
Motion by Councilor Snider,seconded by Councilor Buehner, to adopt the 2014 Federal Legislative
agenda and the Legislative agenda for the 2014 Oregon Legislative session as presented.
The motion passed by a unanimous vote of City Council present:
Mayor Cook Yes
Council President Henderson Yes
Councilor Buehner Yes
Councilor Snider Yes
Councilor Woodard Yes
TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 14,2014
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i
9. CONFIRM TRAVEL.POLICY AND PRACTICE FOR THE CITY COUNCIL
City Manager Wine presented the staff report. The council reviewed the council policy for travel
several months ago. Since then the agreed-upon changes have been put into practice. The updated
policy was submitted to the City Council with the written staff report for this agenda item.
Discussion followed with some clarification provided on how per diem rates are applied.
Motion by Councilor Buchner,seconded by Councilor Woodard,to approve the updated travel
policy and authorize the mayor and the city manager to sign-off on the policy.
The motion passed by a unanimous vote of City Council present:
Mayor Cook Yes
Council President Henderson Yes
Councilor Buchner Yes
Councilor Snider Yes
Councilor Woodard Yes
10. AMEND THE CITY MANAGER EMPLOYMENT AGREEMENT
Human Resources Director Zodrow presented the staff report.
Mayor Cook noted this was Ms. Zodrow's final report to the City Council as she is retiring,he
offered words of appreciation for her many years of service to the city. Ms. Zodrow responded that
it has been a privilege and honor to work for the City of Tigard for almost 19 years and for cities
and counties in the state of Oregon for nearly 40 years.
Human Resources Director Zodrow advised that the purpose of the agenda item before the City
Council is to consider any changes of compensation to the city manager based on the performance
evaluation the council conducted on December 17,2013.
The council can,at this time,consider an adjustment to the city manager's contract as it relates to
compensation and if adjustments are to be made,what the effective date would be.
Council President Henderson offered a motion to reinstate the city manager's pay to$130,000 per
year effective January 1,2014. Councilor Snider clarified the motion that the city manager's pay is to
be reinstated to$130,000 per year with an increase of$10,000 thereby making the rate of pay
$140,000 per year. Council President Henderson agreed with Councilor Snider's clarification.
Councilor Snider seconded the motion.
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'l'he motion passed by a unanimous rote of City(;ouncil present:
Alayor Cook Yes
Council President Henderson Yes
Councilor Buchner Yes
Councilor Snider Yes
Councilor\X(xxlard 1'es
City Council members noted their appreciation of the work perfomnance of the city- manager.
11. COUNCIL LLUSON REPORTS
8 Alayor Cook reported on last Thursday's'IPM-A'meeting. Dormer Tigard Aiayor Uirksen is
currently a Nictro(:ouncilor and is also the new chair of JPA(:']'. 1llayor Cook explained that
Aictro's)P;1C1'(Joint Policy Adrison• Committee on Transportation) is the committee that
determines how to allocate transportation dollars (state gas tax and federal allotments) within the
metro region.
12. NON AGENDA ITEMS: None.
13. liXECLTTlN'E SF,SS1ON: Nor held.
14. ADJOURNMENT: 9:17 p.m.
Motion by Councilor Buchner,seconded by Council President Henderson, to adjourn the
meeting.
The motion passed by a unanimous rote of City Council present.
Alayor Gook Ye.
Council President Henderson Yes
Councilor Buchner �'cs
Councilor Snider Yes
Councilor Woodard Yes
l
Catherine Wheatley,City Recorder
Attest: '
r,
Mayor,Cio Tigard
ri
I3atc:
TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 14,2014
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