City Council Minutes - 02/17/2015 City of Tigard
Tigard City Council Meeting Minutes
February 17, 2015
1. WORKSHOP MEETING
A. Mayor Cook called the City Council meeting to order at 6:34 p.m.
B. Deputy City Recorder Alley called the roll:
Name Present Absent
Mayor Cook ✓
Council President Snider ✓
Councilor Goodhouse ✓
Councilor Henderson ✓
Councilor Woodard ✓
C. Mayor Cook led the Pledge of Allegiance.
D. Mayor Cook asked council and staff for any Non Agenda Items to be heard as Agenda Item
10—None were stated.
2. RECEIVE AN ANNUAL REPORT FROM MUNICIPAL COURT
Judge O'Brien and Administrative Services Manager Robinson presented the staff report
accompanied by a PowerPoint.Judge O'Brien explained programs provided by the court are traffic,
civil infractions and public information.There were 6,675 violations showing a seven percent
reduction from the previous year,cell phone violations have doubled and the distracted driver
diversion had 223 participants. Court averages 556 violations a month with 84 percent entering a
guilty plea and five percent are acquitted or dismissed.Judge O'Brien requested an expansion to the
diversion program for inclusion of adults. He stated the advantages of expanding the diversion
program to adults:
1. Traffic schools educate more drivers to change behavior.
2. Enhanced public safety and reduced recidivism.
3. Financial sanctions remain the same for defendants.
4. Masking much less likely with signed certifications.
5. Restructured fees increasing revenue to the general fund.
6. 90-day collection rate potentially higher with fewer payment agreements.
7. Reduced docket pressure as some may prefer diversion to trial.
Judge O'Brien stated if council would like to proceed with the expansion, staff can prepare a
resolution and bring it back to council for consideration.
Council President Snider asked for clarification on what programs would be expanded.Judge
O'Brien answered adults are currently only eligible for the seat belt class and the city only looks back
two years on offenders records,so the door would be opened to adults for the distracted driving
program and provide a five year look back.
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Councilor Woodard asked how successful the program was in changing behavior.Judge O'Brien
said recidivism was fairly rare. Ms. Robinson said she was unsure what data was available but staff
could look into that.
Mayor Cook thanked Judge O'Brien and Ms. Robinson for their report and said council consensus is
to increase the diversion program.
3. RECEIVE AN ANNUAL REPORT FROM TUALATIN VALLEY FIRE&RESCUE
TVF&R Chief Duyck reported,accompanied by a PowerPoint presentation, the department's
accomplishments for the last year:
• Responded to 5,354 calls with 83 percent being medical in nature. The remainder was fire,
hazmat and public assistance.
• Held safety events such as the SKID demonstrations at high schools, train youth in CPR,
inspections,investigations,and apartment fire reduction landlord training.Total interaction
was with 50,960 attendees.
• Remodel of Tigard station.
• Passed local option levy.
• Trained 25 recruit firefighters.
• Deployed two medic units.
• Purchased Station 70 in Raleigh Hills.
• Opened Station 68 in Bethany.
• Completed St. Vincent's Pilot.
• Improved response times.
• New transport partnerships with American Medical Response.
Chief Duyck reported on future goals:
• Open seven more stations.Two of those stations will service Tigard from the Beaverton
Hillsdale Hwy/Laurelwood and the Roy Rogers/Bull Mountain stations.
• Hold a recruit firefighter academy.
• Conduct a volunteer recruitment.
• West Bull Mountain station planning.
• Provide six medic units.
• Purchase three trucks and a new volunteer apparatus.
• Seismic retrofit some of the stations with monies received from a grant.
• Remodel the Wilsonville station.
• Station 70 (Raleigh Hills)buildout.
• Purchase land.
Council President Snider asked if there was a state law requiring a minimum number of automatic
external defibrillator (AED) devices to be made available in a building. Chief Duyck answered that
only public buildings over certain occupancy levels must have AEDs. Council President Snider
suggested the city consider a policy for the city to have more than the state requirement.
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Councilor Goodhouse asked for an update on the Pulse Point phone app campaign. Chief Duyck
replied the phone app has been continually pushed and the number of downloads have plateaued.
Council President Snider suggested Tigard being the most CPR and AED accessible community and
adding it to the vision.
Mayor Cook thanked Chief Duyck for the presentation.
4. DISCUSSION ON PARKS AND TRANSPORTATION SYSTEM DEVELOPMENT
CHARGES
Finance and Information Services Director LaFrance,Assistant Finance Director Smith-Wagar,
Streets &Transportation Senior Project Engineer McCarthy and Interim Assistant Public Works
Director Goodrich presented the staff report accompanied by FCS Group Oregon Branch Manager
Todd Chase. Mr. Chase provided a report,with a PowerPoint, stating tonight's discussion is going to
focus on direction for the River Terrace funding strategy, SDC basics,parks and transportation SDC
analysis and credit policies. Key highlights of the PowerPoint presentation were funding
methodology and policies on:
• Deciding on a mix of citywide SDCs and area specific SDCs like a River Terrace district
overlay.
• Possibility of a new citywide parks utility fee and the need for a general obligation bond to
reduce SDC amounts.
• SDC reimbursement and improvement fees for parks and transportation.
• Transportation districts and road infrastructure credit policy.
Mr. LaFrance summarized stating council has three options for parks improvements,as shown in
slides 11-14 of the PowerPoint. Each scenario has a lower citywide SDC and then an overlay or an
added amount for certain districts.The citywide fee is still uniform to fund the entire infrastructure,
but it needs to be decided how to charge that fee. It needs to be decided how to implement the
funding gaps.
Mayor Cook asked for clarification in the reimbursement fee and the excess investment of$13.5
million. Mr. Chase said the city acquired park lands and had not improved it,so downward
adjustments are made for any future bond principle payments toward park costs. Second, the
principle of the current value must be taken out. Lastly, the level of surface acreage per capita is
taken out creating the level of surface to be greater than the city's plan currently shows.
Mr. LaFrance said an example would be the city having pipes delivering water to the community and
those pipes are oversized accounting for growth. When someone builds a house the reimbursement
fee pays for that oversize.
Councilor Woodard stated development should sustain itself therefore the development in River
Terrace should pay for River Terrace.There is give and take on parks development because there
may be benefit to an extended area,so if improvements are made that would be used somewhere
else in the city a 50/50 split is appropriate. Mr. Chase asked Councilor Woodard if he is supporting
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the overlay district over the others. Councilor Woodard answered yes and Council President Snider
agreed he liked that approach more as well.
Council President Snider said the reason for the utility fee as a separate district is to not create a
barrier to development by front loading the fees such that they become one time capital costs for
the project.
Mr. LaFrance said staff received general consensus from the council for an overlay of Option A. He
asked if the council was comfortable with Scenario One with a gap or Scenario Two which closes
the gap resulting in a 16%higher SDC. Council President Snider suggested addressing the funding
gap with the utility fee. Mayor Cook said the majority of council members are leaning toward
Scenario One Option A.
Mr. LaFrance said staff s starting point to draft a methodology report will be from Scenario One
Option A. He asked if council preferred a parks reimbursement fee on top of the improvement fee.
Mayor Cook and Councilor Woodard stated they are not as supportive of a reimbursement fee.
Council President Snider said he could support a parks reimbursement fee. Discussion commenced
on the merit of a park reimbursement fee and the justification of new development paying for
existing parks.
Mr. LaFrance recommended continuing the parks reimbursement discussion to the March workshop
in order to allow a continued deep discussion and in the meantime,keep it in the methodology
report as it may be easier to pull something out later rather than put something in. Mayor Cook
agreed and stated discussion is still to be had this evening on transportation and would like to move
to that.
Mr. Chase said there is about$625 million in projects currently identified in the city's Capital
Improvement Plan. He reviewed the PowerPoint slides pages 19 through 23 detailing funding
strategies and asked the council if they would like to consider a different transportation district fee
for River Terrace and the downtown.
Mr. LaFrance added that staff researched where Tigard SDC charges compare to surrounding
jurisdictions and found,even with a discounted SDC,Tigard's charges would be toward the top. He
stated he did not see a realistic scenario to charge the full amount possible and recommended
modifying Scenario One with a discounted SDC or move priority of some of the downtown and
Tigard Triangle projects.
Mayor Cook and councilors stated a general consensus to support Scenario One Option A,but
Council President Snider requested further discussion on the Tigard Triangle projects.
Councilor Goodhouse asked why Tigard had such a large gap and the highest SDCs. Mr. LaFrance
replied the SDC numbers show the most Tigard can charge not necessarily what council must
approve and the gap speaks to the city's need versus revenue. Mr. LaFrance noted each time a
community goes through the process of updating SDCs the cities start their review process to
increase their fees. Infrastructure development it is expensive so a gap is expected. Mr. McCarthy
added other cities are not as far along in their SDC review process as Tigard is,but the numbers
proposed tonight will likely be comparable to Hillsboro,Beaverton and North Bethany.
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Mr. LaFrance summarized the conversation stating staff received a general consensus from council
to move forward with Scenario One Option A.
Mr. LaFrance said the last topic is the infrastructure credit policy.When a developer puts in a street
in the new development they pay for that,but if they build a street that serves more than their
development they could get credit for the over built portion. Mr.LaFrance directed council to page
25 of the PowerPoint outlining the three policy options. First is Tigard's current practice of a credit
for exceeding local development requirements, second is a 100%credit of actual project cost and the
third is a hybrid approach applying a 75%credit cap. Options two and three create a funding gap
with a recommendation of an increase in the River Terrace SDC to close or reduce the gap.
Council President Snider asked what the rationale was behind a credit to justify a higher SDC. Mr.
McCarthy replied the credit can be used as an incentive tool to get improvements built.
Councilor Woodard asked how the developers could use the credits. Mr. LaFrance answered to pay
Transportation Development Tax fees on other roadway developments.
Council President Snider said he had a hard time justifying a 100 percent credit. Mayor Cook said he
leaned toward the hybrid approach (third option),but needs the$3,000 gap to close.
Councilor Woodard said he would consider an increase in SDCs to keep the gap from growing,but
expressed concern to ensure the 75 percent credit does not take from other transportation projects.
Councilor Goodhouse expressed concern for the funding gap but liked the incentives.
Mr. LaFrance said the recommendation for staff is to explore current practice and the hybrid
approach. There is a sentiment toward the current Tigard practice and a strong sentiment in not
increasing the funding gap.The hybrid approach does not increase the gap and essentially creates a
higher SDC in River Terrace. Staff can do a methodology around those two and present new
information in March.
5. DISCUSSION ON THE PACIFIC HIGHWAY/GAARDE/MCDONALD WATERLINE
CONTRACT
Purchasing&Contracts Senior Management Analyst Barrett reported that this is a contract for
construction of a waterline improvement at the intersection of Pacific Highway, Gaarde Street and
McDonald Street. A portion of this project is in the Capital Improvement Projects budget.
Originally monies were approved to bore a casing under the intersection for a larger pipe for the
Lake Oswego-Tigard Water Partnership. Staff assessed the project and found it more cost effective
to do this project at the same time of the intersection street improvements rather than originally
scheduled. Staff had further findings that there was an additional small water line that could be
included in this project rather than tearing up the street at a later date.An invitation to bid was
issued and staff received five proposals.The lowest bid was ODOT's contractor of$237,895.00,
which was much lower than the engineer's estimate due to already being on-site and reduced
coordination costs.
Councilor Henderson asked if the extra funding is currently funded in the budget. Mr. McCarthy
answered the project is funded with existing monies from other projects.
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Councilor Henderson asked if this bid is realistic as it is 69 percent below the engineer's estimate.
Mr. McCarthy replied he believed so as the second and third bidders were right in line with the
engineer's estimate.
Mr. Barrett asked for council's desire to move this forward for future consideration on a Consent
Agenda. Council consensus was to bring this contract back on the Consent Agenda at the February
24 meeting.
6. BRIEFING ON AN AGREEMENT TO FACILITATE GOVERNANCE OF THE
WILLAMETTE RIVER WATER SUPPLY
Interim Public Works Director Goodrich reported the agreement before the council is for
governance of a Willamette River Water Supply Program between Tualatin Valley Water District
(IVWD) and the city of Tigard confirming agreement to tap into the Willamette River at the
Wilsonville Water Treatment Plant.We are at the table with other jurisdictions, to represent our
interest and if the program develops there would be future capacity for Tigard. The group has been
able to develop a bridge MOU saying all parties will continue good relations.This is a low level
agreement with little financial responsibility for the city.
Mayor Cook asked if TVWD was asking for additional funding. Mr. Goodrich replied this is
something the city has already paid through dues,so there are no additional budget increases.
Council President Snider asked if the city was currently obtaining water from TVWD. Councilor
Henderson answered part of the city is currently being served by TVWD.
Council President Snider said the issue between the charter and TVWD providing water is
interesting and constitutes further discussion. Ms.Wine said it would benefit the city to have
clarification on the charter requiring a public vote before use of Willamette River water.
Mr. Goodrich asked for council's desire to move this forward for future consideration on a Consent
Agenda. Council consensus was to bring this agreement back on the Consent Agenda at the
February 24 meeting.
7. BRIEFING ON AN AGREEMENT WITH CLEAN WATER SERVICES REGARDING THE
RIGHT OF WAY AT THE SOUTHERN END OF 85TH AVENUE
Assistant City Engineer Kim McMillan presented the staff report stating staff is proposing closing
85"'Avenue with a cul-de-sac bulb in order to provide more safety for the plant operators and keep
citizens from driving there while Clean Water Services (CWS) staff is using equipment. The street
remains a public right of way with pedestrian access. Staff has asked CWS to improve the road to
make that area more visibly appealing.The agreement also provides some pavement improvement
on 85`h Avenue from Durham Road down to the cul-de-sac.There is a clause in the agreement
allowing the city to claim the street back for vehicular use if needed. Ms. McMillan asked the
council's desire to see this agreement return under the Consent Agenda at a future meeting.
Council consensus was to bring this agreement back on the Consent Agenda at the February 24
meeting.
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8. BRIEFING ON CAPITAL IMPROVEMENT PLAN PROJECTS
Assistant City Engineer McMillan presented the staff report accompanied by a PowerPoint and
handed out a bubble chart showing grant funding strategies for Dirksen Nature Park which was
entered into the record. Ms. McMillan reported the park improvement highlights are updates to the
Tualatin Riverkeepers'building,creation and relocating of trails,planting flowers along trails,
utilizing the forested wetlands to provide habitat to animals,construct a wetland boardwalk to take
people out to the forested wetland, clearing out and replanting trees to restore the"oak savannahs",
construct a restroom and shelter by the ball field and on the Fanno Creek Trail,provide future
nature education and construct some nature play equipment all made out of natural material. She
stated the biggest challenge is funding these projects so staff has suggested phasing projects over
multiple years with attempts to leverage dollars and pursue grants.
Mayor Cook and the council thanked Ms. McMillan for her presentation and consensus was to
continue to pursue outside funding sources.
9. DISCUSSION ON THE CITY MANAGER'S 2015 EVALUATION FORM AND CRITERIA
Human Resources Director Dana Bennett presented the staff report stating the council just finished
the city manager's evaluation and discussion came up about possible changes in the evaluation form
for next year. Ms. Bennett said by request of the council she is here to receive feedback from council
on the recent evaluation process and forms.
Councilor Woodard said the evaluation recommended a rating on the city manager's leadership and
labor relations skills. He said he did not think it was fair to have supervision lumped into this
category as this is not observed and suggested it be separate items to be assessed individually.
Councilor Woodard added to be fair he would like to be able to be subjective otherwise he is just
throwing a number out. He said he is not around staff enough to get a good sense of what Marty's
supervision is like. Ms. Bennett said feedback on items like that can be captured in a 360 degree
evaluation. Mayor Cook suggested looking into a 360 degree evaluation style.
Council President Snider said this is trying to address the style of leadership,but is written in a weird
way. Ms.Bennett replied the leadership,supervision and delegation could be rolled into leadership
which could be a stand alone item and then personnel function can be things like labor relations.
Ms. Wine said staff is looking to have the evaluation be less formal and a tool used to initiate
conversation about how things are going and goals.
10. NON AGENDA ITEMS—None
11. EXECUTIVE SESSION—None
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12. ADJOURNMENT
Motion by Council President Snider seconded by Councilor Goodhouse to adjourn the meeting at
10:06 p.m.The motion was approved by a unanimous vote of the council.
Name Yes No
Mayor Cook ✓
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
Councilor Woodard ✓
Norma I.Alley, Deputy t- ecorder
Attest:
Ma City of r, ard
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