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City Council Minutes - 06/14/2016 Cites Tigard TN Tigard City Council Meeting Minutes TIGARD June 14, 2016 STUDY SESSION A. EXECUTIVE SESSION: At 6:30 p.m. Mayor Cook read the citation for an Executive Session called under ORS 192.660 (2) (d) and (i) to discuss labor negotiations and the performance and review of the city manager. The executive session ended at 7:15 p.m. B. COUNCIL LIAISON REPORTS Councilor Goodhouse reported on a meeting with the King City Republicans where Tigard's potential light rail measure was discussed. There were people who thought that light rail was not being considered and a few felt that the city of Tigard was not opposing the project enough. Councilor Goodhouse recommended that whatever language is used for a potential city referral, that no should mean no planning for light rail, and yes should mean planning will be allowed. Councilor Henderson distributed some information from the Regional Water Providers on lead in water pipes and suggested reminders be sent to customers. Water providers are not usually responsible for lead in drinking water;they send good water to homes but the pipes in the homes are the trouble. People can still do things like run the tap water for a few minutes if it has been sitting in the pipes for a while before drinking it. la 1. BUSINESS MEETING—June 14, 2016 A. At 7:35 p.m. Mayor Cook called the City Council,Local Contract Review Board and City Center Development Agency to order. B. City Recorder Krager called the roll. Present Absent Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items—None TIGARD CITY COUNCIL MEETING MINUTES -June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 17 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None B. Tigard High School Envoy. THS Envoy Shaina Azbari gave her last report to council for the school year. She introduced next year's envoy,ASB President Lauren Brown. Badminton and dodge ball tournaments were held. A Japanese Night was the last class fundraiser of the school year. The prom was held and the theme was the Great Gatsby. Link Crew is starting up again pairing incoming freshmen with seniors in order to give them a good start at Tigard High in the fall. Council President Snider requested the move from the Consent Agenda of Resolution No. 16-18 acknowledging and commending Shaina Azbari. Councilor Woodard seconded the motion and all voted in favor. Mayor Cook called her up to receive a special copy of the resolution and take a photo. RESOLUTION NO. 16-18 -A RESOLUTION ACKNOWLEDGING AND COMMENDING SHAINA AZBARI FOR HER SERVICE AS TIGARD HIGH SCHOOL STUDENT ENVOY TO THE CITY OF TIGARD Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Tigard Area Chamber of Commerce—Chamber CEO Debi Mollahan updated council on Chamber events and programs. They are accepting applications for the Leadership Tigard program and look forward to showing people how to plug into their community. The Chamber will be represented at the Balloon Festival. Their annual Chamber meeting is on June 28 at Broadway Rose and the community is invited. She announced that Lee Farms has joined the Farmers Market vendors. There are 110 children who joined the Kids in the Market Sprouts program. A corn hole tournament is scheduled for July. September 10 is the downtown street fair with a fun run, bike event and a new Latino Fest. D. Citizen Communication—Sign up Sheet. Jill Bentley, 10915 SW Hall Blvd. #11,Tigard, OR 97223, spoke as president of SEIU Local 199,which represents 112 city employees. She said the city's budget is in much better shape than it was in 2013 when the last contract was negotiated. She said at that time union members offered to partner with the city to raise revenues and restore services and two members attended local government lobby day in Salem. The city balanced the budget by reducing annual contributions to employee medical and dental benefits. Since 2008 union members experienced layoffs, furlough days, fewer hours and wages and benefits whittled away. She said they do not know if they will be able to will afford healthcare for their families as the city has said they will not cover anything above five percent insurance rate increases. She said this is unacceptable to their members and urged council to help settle a TIGARD CITY COUNCIL MEETING MINUTES -June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 17 fair contract. Ms. Bentley highlighted the city's audit report and said it shows overall annual revenues are higher and the ending fund balance is strong. She noted that the last day of bargaining prior to contract expiration is June 20. She submitted a copy of her testimony with nearby city comparable information and a list of union proposals and the city's response. She summarized by saying, "We all have budgets and we know that a budget is simply a list of priorities. It's time for the city to make their workforce a priority and reinvest in the workers that make Tigard work." Ann-Marie Anderson, 309 Main Street, Dayton, OR 97114, said she is a library employee and secretary/treasurer of the SEIU union. She has worked for the city for 12 years and noted that the library is only 10 percent non-managerial staff. She said there is a high use of on-call temporary employees and suggested it would be more efficient to have experienced workforce work more hours as part-time workers are often juggling multiple jobs. She said what is good for the union workers is good for the city of Tigard. She asked for council support. Rob Sisk, 1730 Commercial, Salem, OR 97381,is president of SEIU 503. He said SEIU represents over 55,000 workers,many in local government. He said City of Tigard members feel as if they come last on the priority list as humans as those who make the city services run. Human capital is the most treasured and warrants the best investment. He said it is about time to move employees up and it should not include cost shifting on basic necessities such as health care. He asked council not to delay on settling a contract that they deserve and show them they are a valuable asset. Thomas Cole, 15000 SW Hall Blvd.,Tigard, OR 97224, said he is a Bonaventure resident and also the chairman of the resident council. He said resident Julie Davies has contacted Council President Snider on the issue of the lack of sidewalks between city hall and the Bonaventure facility. They realize Hall Boulevard is an ODOT street but they do not seem to want to do anything about it. He said the law requires that builders construct the sidewalks but there is no building going on near the areas missing sidewalks. He said there are 150 people living at Bonaventure, 100 in the independent living section and 50 in assisted living. Some residents drive but some do not. It would be wonderful to use a sidewalk to go to the senior center or the library. They have been told to use the bike lane but do not feel comfortable walking or using a scooter in the bike lane. Mayor Cook responded that Hall Blvd. is a state highway and under ODOT's responsibility. He noted that he spoke to a legislative sub-committee on funding for orphan highways recently. The city could take over responsibility but would first want some improvements done to bring it up to a better standard,which will take multiple millions. He noted that sometimes the city does use city money on state highways, citing intersection improvements on Greenburg and Pacific Highway, and at Gaarde/McDonald/Pacific Highway,paid in part with city gas tax money. He said the council is considering adding a 5 cent gas tax to the ballot in November. This could be used for projects in the Capital Improvement Plan (CIP) that people are asking for. Sidewalks on Hall Boulevard are always in the top five list of projects requested by citizens. Council President Snider added that council is having a thorough discussion on what it would take to build a true sidewalk network throughout the city. Council has prioritized to take care of arterial roads first, then collector streets and lastly,neighborhood streets. Assistant City Manager Newton said she would give Mr. Cole TIGARD CITY COUNCIL MEETING MINUTES—June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 17 contact information. Councilor Goodhouse recommended that he send letters to the legislature in Salem regarding orphan highways. 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) A. Receive and File: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. AUTHORIZE THE CITY MANAGER TO SIGN AN IGA WITH CLEAN WATER SERVICES FOR ONSTRUCTION OF EAST TIGARD SEWER REPLACEMENT C. APPROVE INTERGOVERNMENTAL AGREEMENTS WITH WASHINGTON COUNTY LIBRARY SERVICES D. AUTHORIZE THE CITY MANAGER TO SIGN AN IGA WITH TRIMET REGARDING COST SHARE OBLIGATIONS FOR NEW SIDEWALKS ALONG COMMERCIAL STREET AND PACIFIC HIGHWAY E. CONSIDER RESOLUTION SETTING ANNUAL STIPEND FOR MAYOR AND COUNCIL RESOLUTION NO. 16-19—A RESOLUTION ESTABLISHING MAYOR AND COUNCIL COMPENSATION WHICH SUPERSEDES RESOLUTION NO. 15.26 *F. CONSIDER RESOLUTION OF APPRECIATION FOR TIGARD HIGH SCHOOL ENVOY SHAINA AZBARI *Voted on earlier in the meeting during the THS Envoy report. Councilor Woodard moved to approve the Consent Agenda less Resolution No. 16-18 and Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 4. LOCAL CONTRACT REVIEW BOARD: DISCUSSION OF UPCOMING CONTRACTS AND PURCHASES Contracts Manager Barrett updated the LCRB on two upcoming contracts. The first is a purchase for new police vehicles. Three are needed for the patrol officers listed in the budget tonight.The total is $181,000. The second contract is for water quality testing services. An RFP is issued every TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 17 five years for analytical services. Three firms responded to the RFP in late April and staff recommends a contract be awarded to Alyxin Analytical for$45,000 with a possible life of the contract of$225,000. In response to a question from Council President Snider, Mr. Barrett said the proposals were close but staff has no qualms about using this local business. Water Utility Manager Goodrich said staff collects the water but Alyxin does the bacteriological testing monthly. He said the city has a whole suite of tests performed that are required by the EPA and the State of Oregon Health Authority. The water is also checked for pesticides and other types of organics. Additional testing has been for lead. Lead tests are performed in houses under EPA conditions. Tigard does not take the tests; staff provide the bottles and information is provided to the homeowners who then mail their sample to Portland. When the new water system is online the city will collect 60 home samples for a baseline and then 60 more six months later to determine whether or not the Lake Oswego Tigard Water Project is an optimized system. He said he is confident that Tigard's water will be an optimized system within the next year. Mr. Goodrich noted that Councilor Henderson covered the same point in the Study Session earlier. Tigard's water does not show any lead or copper in the water supply. Portland and Lake Oswego do not find lead in the drinking water either. The water provider provides the water but the lead is most often coming from lead service connections on household pipes,which are more common on the east coast. Council advised that both contracts can return to council on the Consent Agenda. 5. INFORMATIONAL PUBLIC HEARING: LOCAL CONTRACT REVIEW BOARD CONSIDERATION OF PUBLIC CONTRACTING EXEMPTION FOR THE CIVIC CENTER VISIONING STUDY PROJECT a. LCRB Chair Cook opened the Public Hearing. b. LCRB Chair Cook announced the Hearing Procedures — Any person wishing to comment on this matter shall be given the opportunity. C. Staff Report. Contracts Manager Barrett said staff is recommending the LCRB approve an exemption of the formal competitive bidding process for a contract with MWA Architects for the Civic Center Visioning Study Project. He said the budget is $300,000 and the amount is $426,000, so a supplemental budget will be brought to council. Councilor Henderson clarified the cost and asked about the timeline. Mr. Barrett said MWA has until March of 2017 to complete the study. d. Public Testimony There was none. - Proponents Opponents Response to testimony by staff. e. Staff recommends the public contracting exemption process be approved for the Civic Center Visioning Study Project. f. LCRB Chair Cook closed the Public Hearing. g. LCRB Discussion and Consideration: LCRB Chair Cook suggested that the term civic center visioning study does not make sense. The building will just be for city offices,police, city hall and the permit center. He noted that when council discussed this earlier, the consideration was to look at all of city properties,not just this property. Assistant City Engineer McMillan said she looked more broadly at all properties but then the latest effort looked at sites owned by the city what could be put on that site. It is called Civic Center and not Facilities Report, LCRB Member Goodhouse commented that the words civic center TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 17 could also mean community center. He felt the title is misleading. LCRB Member Snider disagreed and said the title is exactly the proper term. LCRB Member Henderson suggested that the conclusion that will be reached at the end of the study is that it might be bigger than what is needed here. Mr. McGraw replied that there are a number of properties and uses on this site and more urban uses may be appropriate. LCRB Member Goodhouse asked if the Fanno Creek rockbed would be taken into account and Mr. McGraw said due diligence is underway evaluating seismic and other hazards. If the facilities do not pass the test, then the location will need a larger setback. LCRB Member Woodard moved for adoption of LCRB Resolution No. 16-01. LCRB Member Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. LCRB RESOLUTION NO. 16-01-A RESOLUTION GRANTING AN INDIVIDUAL EXEMPTION FROM THE COMPETITIVE SCREENING & SELECTION PROCESS FOR ARCHITECTURAL SERVICES ON THE CIVIC CENTER VISIONING PROJECT Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 6. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDING TMC CHAPTER 3.24 SYSTEM DEVELOPMENT CHARGE PROGRAM a. Open Public Hearing -Mayor Cook opened the continued public hearing and announced that this is a legislative public hearing and anyone may testify. b. City Attorney: Read the hearing procedures (summarized below): 1. City staff will summarize the written staff report. 2. Council will take public comment. 3. Staff will have an opportunity to respond. C. Staff Report: Finance and Information Services Director LaFrance and Assistant Finance Director Fitzpatrick gave the staff report on proposed changes to the Tigard Municipal Code. Staff found in the course of administering previously adopted SDCs and their implementing documents inconsistencies and procedural gaps among the various documents. To address these issues an interdepartmental workgroup formed of representatives from Finance and Information Services, Public Works,Community Development and the City Attorney's Office to clarify and refine the adopted documents. A few code amendments were recommended that will address these issues. These were discussed with council at a workshop meeting. • Parks SDC credits will be allowed retroactive to January 1,2016 for construction of neighborhood parks that were not required as a condition of development approval and that meet the city's standards. TIGARD CITY COUNCIL MEETING MINUTES -June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 17 • Issuance of Transportation SDC credits for 50 percent of the local street portion of River Terrace Boulevard will be allowed. This is in addition to the credits allowed for the non-local street portion. • Deferral of payment until occupancy for Transportation SDCs on multi-family development will be allowed for consistency with Washington County's process. d. Council questions of staff e. Public Testimony: None f. Staff response to testimony: None g. Staff recommendation: Staff recommends adoption of the ordinance. h. Mayor Cook closed the public hearing. j Council Deliberation Council President Snider moved to approve Ordinance No. 16-10. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the Ordinance. Ordinance No. 16-10— AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE REGARDING CREDITS FOR AND PAYMENT OF SYSTEM DEVELOPMENT CHARGES City Recorder Krager conducted a roll call vote. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Ordinance No. 16-10 was adopted unanimously. The City Center Development Agency was convened for Agenda Item No. 7. 7. CITY CENTER DEVELOPMENT AGENCY—INFORMATIONAL PUBLIC HEARING: ADOPT THE CITY CENTER DEVELOPMENT AGENCY FISCAL YEAR 2017 BUDGET WITH ADJUSTMENTS,MAKE APPROPRIATIONS,AND IMPOSE AND CATEGORIZE TAXES a. Chair Cook opened the public hearing. b. Chair Cook announced that any person wishing to comment on this matter shall be given the opportunity. C. Staff Report. Finance and Information Services Director LaFrance gave the staff report for the City Center Development Agency budget which covers the downtown area. The budget allows some specific ongoing programs. Some expenditures are related to the Saxony project and will allow for ventilation and cleanup of current facility,largely paid for by a Brownfield Grant and also allows for the purchase of this property by the CCDA from the city,repaying the parks bond fund. These are the main projects in the Fiscal Year 2017 budget. Other projects include the Nicoh transit center development which will be funded by a grant. TIGARD CITY COUNCIL MEETING MINUTES—June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 17 Smaller projects include paying our scheduled debt service for the Ferguson property and repayment of loans previously made to the city by the CCDA. A technical adjustment to the budget approved by the Budget Committee will change the debt program to a capital program and there are a number of things that must be done that are not capitalizable. For example,when the city hires an architect to work with a business owner on a fagade improvement, that charge is not capitalizable. $187,000 will be moved out of capital and into a community development program within the CCDA. This does not change the amount,just how the money is categorized. He emphasized that with this budget the city is utilizing virtually all of the resources of the CCDA,all but$20,000 (one percent margin). If we are off on any revenue forecasts or the beginning fund balance we will need to be making program and activity changes. Councilor Woodard asked what is included in the $187,000 amount. Mr. LaFrance said this includes $110,000 for the Nicoli transit center development which has a grant to help, $50,000 for strolling streets,targeted improvements, facade and skyline improvements. There is also $15,000 for architectural design to assist businesses with concepts and$12,000 for urban renewal and real estate advisors to update and provide financial review for the urban renewal plan. d. Public Testimony. No one signed up to speak. e. Staff recommends adoption of the FY 2017 CCDA Budget with technical adjustments f. Chair Cook closed the public hearing. g. CCDA Discussion and Consideration: CCDA Resolution No. 16-02 Director Snider moved for adoption of CCDA Resolution No. 16-02 with technical adjustments. Director Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. CCDA RESOLUTION NO. 16-02-A RESOLUTION ADOPTING THE FISCAL YEAR 2016-2017 BUDGET,WITH ADJUSTMENTS,MAKING APPROPRIATIONS,AND IMPOSING AND CATEGORIZING TAXES, with technical adjustments Chair Cook conducted a roll call vote. Yes No Director Henderson ✓ Director Snider ✓ Director Woodard ✓ Chair Cook ✓ Director Goodhouse ✓ CCDA Chair Cook announced that CCDA Resolution No. 16-02 passed unanimously. The City Council was reconvened for remainder of meeting. Finance and Information Services Director LaFrance gave an overview of the entire budget process. It began in August with forecasting and prioritizing the capital improvement plan. He noted that TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 17 staff has been working on what former Mayor Dirksen referred to as the "fiscal cliff,"where city revenues do not keep up with the cost of services. The great recession also hit hard but Tigard has managed to keep that fiscal cliff at bay. There are now some reserves,as compared to 2010 where the city was at their cash minimums. To get there we had to make hard service level reductions in order to get expenditures below revenues. Hard decisions were made in order to keep expenses down.And as mentioned by Ms. Bentley during citizen communication,Tigard now has a workforce that contributes to their own healthcare,which is common in the private sector and where Tigard has been leading in the public sector. We have looked at our franchise and other fees. He said Tigard has a history of taking the long term view and tries to make sure decisions made today will keep everything afloat five years from now.A second round of cuts was made in 2012. We have fewer staff members today than we had before the recession.We also have a population that is higher than it was during the recession and service levels have not grown. We will have a lot of growth with River Terrance and infill development but the city will not be able to meet the service levels. Following Budget Committee recommendations a park utility fee was created which will not only fund parks but also removes them from the general fund leaving money available to be reallocated to other general fund programs such as police and the library. We did not go all the way because of the impact it would have on citizen utility bills. A discussion was held during Budget Committee on how to allocate the $900,000 that was made available through the creation of the park and recreation fee. The Budget Committee did a great job. There were over$4 million of service and facility level needs and the Budget Committee came forward with a package that is part of the budget to be considered tonight. We still have work to do.We still need to provide services and be able to ask the community that if they desire to receive the services they need and deserve are they willing to fund a local option levy. He said the city would not be able to get there without the actions taken over the last five years. It wouldn't be responsible to ask for more without having taken those measures. 8. CERTIFY THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE-SHARED REVENUES -RESOLUTION Finance and Information Services Director LaFrance introduced this item. This shared revenue is provided if a city provides at least four services and Tigard provides six.The revenues come from state cigarette, liquor and the state gas tax. Councilor Henderson asked if the cigarette tax has gone down and Mr. LaFrance said it has declined slowly over the last several years. Councilor Goodhouse moved for adoption of Resolution No. 16-20. Council President Snider seconded the motion and all voted in favor. RESOLUTION NO. 16-20-A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 9 of 17 Mayor Cook announced that Resolution No. 16-20 passed unanimously. 9. PUBLIC HEARING-DECLARE THE CITY OF TIGARD'S ELECTION TO RECEIVE STATE REVENUE FUNDING- RESOLUTION a. Mayor Cook opened the public hearing. b. Mayor Cook announced the hearing procedures. Any person wishing to comment on this matter shall be given the opportunity to comment. C. Staff Report: Finance and Information Services Director LaFrance said this is a further state disbursement of liquor tax revenues and requires a public hearing. There will be about $520,000 of additional revenue. d. Public Testimony. There was no public testimony. - Proponents. - Opponents. Response to testimony by staff. e. Staff Recommendation. City Attorney Rihala noted that the marijuana taxes are not subject to these requirements. Mayor Cook said the city should receive a check this fiscal year. f. Mayor Cook closed the Public Hearing. g. Council Discussion and Consideration: Resolution No. 16-21. Council President Snider moved for adoption of Resolution No. 16-21. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. Mayor Cook conducted a vote and the motion passed unanimously. RESOLUTION NO. 16-21 -A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 10. ADOPT CITYWIDE MASTER FEES AND CHARGES SCHEDULE REPLACING RESOLUTION NO. 04-99 AND RESOLUTION NO. 16-22 AND ALL SUBSEQUENT AMENDMENTS TO DATE Finance and Information Services Director LaFrance introduced this item and said as an annual review the city looks at fees the city charges but also those that are levied on behalf of other jurisdictions such as Clean Water Services. He said this was previously discussed at a Study Session and the summary outlines the changes. Based upon input given at the Study Session some changes have been made consistent with council direction. TIGARD CITY COUNCIL MEETING MINUTES—June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 10 of 17 Mayor Cook opened the public hearing. There was no public testimony. Councilor Woodard asked if the parks and recreation fee was included. Mr. LaFrance said the new fee was not listed so when adopted, the motion should include an amendment to add the parks and recreation fee at its current rate. Councilor Woodard moved for adoption of Resolution No. 16-22 with the amendment to add the parks and recreation fee at its current rate. Councilor Henderson seconded the motion. Council President Snider said some of the discussion he wanted to have about the budget may call into question the park rate. He felt it was backwards to approve fees until after the budget discussion. Mr. LaFrance said this motion could be held over until after the next agenda item. Councilor Woodard moved to table consideration of Resolution 16-22 until after the budget agenda item. Council President Snider seconded. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ At 10:23 p.m. after the Budget (Agenda Item 11)was approved,Mayor Cook conducted a vote on Resolution 16-22. The motion passed unanimously. RESOLUTION NO. 16-22-A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE WHICH REPLACES RESOLUTION NO. 04-99 AND RESOLUTION NO. 15-31 AND ALL SUBSEQUENT AMENDMENTS TO DATE with the amendment to add the parks and recreation fee at its current rate. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 11. INFORMATIONAL PUBLIC HEARING:ADOPTING THE BUDGET,MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY AND CLASSIFYING THE LEVY AS PROVIDED BY- ORS 310.060(2) -RESOLUTION a. Mayor Cook opened the public hearing. TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 17 b. Mayor Cook announced that any person wishing to comment on this matter shall be given the opportunity to comment. C. Staff Report. Finance and Information Services Director LaFrance noted that per the background information given earlier,this is a hold-the-line type of budget with the exception of$900,000 of general fund available for reallocation due the parks and recreation fee which funds 40 percent of parks operations. The Budget Committee made some decisions: hiring three new police officers, a building condition assessment and replacement of the irrigation in Summerlake Park, funding the Downtown Tigard Association through a future action of a potential city Transient Lodging Tax (TLT).There was also money identified for a short term fix for the police roof. Mr. LaFrance said the budget also has an effective capital improvement plan with 21 projects in each of the next six years,with 14 pedestrian and trail projects related to the Strategic Plan. The city will be completing the Lake Oswego/Tigard Water Partnership Project. As in Operations there are many projects that cannot be funded,including over$33 million in parks and transportation. This budget is sustainable for the next six years. The sewer fund was in dire need but due to recent action taken by the council to adopt a sewer surcharge our sewer fund is in a healthier position. It does meet our obligation to have over 25 percent of operating costs in our reserves. It also maintains the $1 million rainy day fund within the general fund. Mr. LaFrance said council will be approving a resolution with Exhibit A which is the schedule of appropriations. Exhibit B is a technical adjustment which includes changes that if known at the time of the Budget Committee meetings,we would have proposed them. Three are in operations for a total of$447,000 and five are carry-forward projects to our capital improvement plan. None of the technical adjustments increase expenditures in any one fund over ten percent which is important because under Oregon budget law,council can make changes to a budget approved by the Budget Committee but not by more than ten percent without reconvening the Budget Committee. Also attached in the meeting packet is a memo outlining Budget Committee actions and an updated general fund forecast. The memo outlines the Budget Committee actions and an update what the general fund forecast would look like under the recommended budget. There is also information about the impact any additional expenditures (in$25,000 increments) would have on the rainy day fund, without assuming any additional revenue. d. Public Testimony. Proponents. PRAB Member Holly Polivka, 14305 SW 100`h Avenue,Tigard 97224 said she is the PRAB Chair and is also a city employee and urged council to settle a fair labor contract. She noted that the MIG study indicated in year 2 that$200,000-$275,000 should be put towards a recreation program. Recreation Coordinator Markey created the Tigard Egg Hunt, surpassing participation projections and is working on Family Fest.A recreation guide was produced. She said the rec program is a great way to raise money for the city. She said she did not want the fledgling city recreation program to lose momentum. She said we will have to cut back if we cannot add funding for parks and recreation. We want to give citizens a taste of what they could experience with a recreation program. Just a bit more money could make or break the rec program. Council President Snider asked what amount she was referring to and Ms. Polivka said$250,000-275,000 more.. TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 17 Opponents - No one testified e. Response to testimony by staff. None. f. Mr. LaFrance said staff recommends adoption of the FY 2017 City of Tigard budget with amendments and with technical adjustments outlined in Exhibit B. g. Mayor Cook closed the public hearing. h. Council Deliberation on Resolution No. 16-23. Councilor Woodard mentioned that he did not like adopting the valorem tax levy and the budget being on the same sheet. He would prefer them to be separated. He said it was frustrating to him as his deliberation tonight will explain. Mr. LaFrance said the city needs to do both and have done both on the same sheet as long as he has been at Tigard and he understood that they must be on the same sheet. He will investigate with the Department of Revenue. Councilor Woodard asked what portion of the parks and recreation charges go to recreation. Mr. LaFrance said all of the park and recreation fee goes to the park utility fund. He said council did not take action to make a portion of the fee be applied towards a certain place,like recreation. He said the fee pays for about 40 percent of the parks and recreation program. Staff proposed seven different levels of funding recreation and council chose funding year one. Council President Snider noted that he has heard differing information and wanted to know if year two of the MIG plan is funded or not. He asked if the city is getting behind in what is planned in the MIG study. Mr.LaFrance said yes,it was. Council President Snider said that was unacceptable. Mr.LaFrance explained that Tigard was able to get the first year things done for less than expected. We hired a Recreation Coordinator who was able to accomplish more out of year one and uses resources well. Another$128,000 would get us to items identified in year two. He said the MIG study is a framework;it can be changed.We are getting the goals of year two done but need$128,000 more. Councilor Woodard referred to a discrepancy in the Fanno Creek House issue paper. He said it is not true that we have a parks and recreation division. We should have a fund dedicated to a division. Mr. LaFrance said a division is just a sub-unit of a department and does not mean it gets a fund. He reiterated that the fee goes into the parks utility fund as well as a transfer from the general fund and can only be used for parks and recreation. Councilor Woodard asked, "Can it be pulled or used for something that is not recreation programming?" He said he is very concerned about this and this is not acceptable to him. Mr. LaFrance responded that when council set up the fee in the Tigard Municipal Code they also said what it can be used for. It can be used for existing parks,recreation,maintenance and programming,but no capital projects. Council President Snider asked how much would need to be added to the park utility fee to raise the $128,000 difference and Mr. LaFrance estimated it would raise 10 percent or 0.38 cents. Council President Snider asked what the cost is for one additional police officer and TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 13 of 17 Mr. LaFrance said ongoing costs would be approximately$115,000 plus $15,000 in one-time expenses to get that officer set up. Councilor Woodard said he missed one Budget Committee meeting and was not happy when returning to find everything had changed. He said he has been fighting for recreation since 2011. He said recreation falls to the bottom of the pile of needs. Tigard needs to be a competitive city and recreation attracts people to a city. A civic facility would support our police officers, city needs and a recreation center. He said he is also very supportive of the police because, "without security,you have nothing." Councilor Henderson said he remembered clearly that there was an agreement to take $1 million out of the general fund and fund three items (library, ending balance and unfunded recreation programs). He was surprised to see 15 new items that he did not get a chance to vote on. He is concerned that council is not staying true to what was originally going to be done with that money. The Budget Committee was on board but now it felt like a bait and switch. He is concerned about how to fund the unfunded recreation program and also agrees with all that has been said about police coverage. It has been a long-term problem. Mayor Cook said he agreed with Councilor Woodard on expanding program funding and then turning around next year and cutting them. Money was set aside for rainy days. We do not know when the next recession will come so it takes a lot for him to spend from a rainy day fund. He said he supported the park and recreation fee because it was a bandaid but cannot support expanding the fee. He disagreed with Councilor Henderson on the bait and switch comment. He said he does not feel there was a promise anywhere that recreation would get a part of that funding. He said the city has a lot of infrastructure that needs to be taken care of first before expanding programs. We have a roof problem that we need to fix. We need to take care of what we have before we expand. He understands that it is a good program and people love it but he does not want to expand it today and then have to cut it. In his priorities he feels public safety is a higher priority than recreation. Councilor Woodard commented to Councilor Goodhouse that recreation can raise money and be self-sustaining. He attended classes on this revenue in West Virginia run by the National Recreation Parks Association. He thinks it is important to get the money to complete years one through five of the recreation program but does not want to increase the park fee rate on utility bills. We need to take a stab at an operational levy. Councilor Snider expressed concerns about eroding police response time. He said council is not doing their jobs. He said citizens would be disgusted about the increase in response time to their calls. Councilor Goodhouse said he supported a fourth officer but could not support paying more for recreation. Councilor Woodard said if we do not fight for recreation it is at risk for disappearing. He said the police would like to have ten new officers but he felt confident they can work with the three that are being added. A local option levy is not guaranteed to pass. He does not want to push off$100,000 to take care of deferred maintenance and recreation. He said the only program that will raise revenue is recreation and he hoped he could convince Councilor Goodhouse. Councilor Goodhouse said he was supportive of raising the park fee to $10 and this would have funded it. But that amount did not have council support. Councilor Woodard said the increase to$10 was too much,without a vote. TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 14 of 17 Council President Snider talked about eroding, declining police response time to highest priority calls. He gave the example of someone in Tigard calling police in the middle of the night because someone they do not know is in their backyard, high on drugs,banging on their door and having to wait for police for 2.5 minutes longer than the usual response time of five minutes. He said this is an actual call he has responded to in the city. Council President Snider moved for adoption for Resolution No. 16-23 with adjustments, and specifically transferring$100,000 to the recreation program and$115,000 ongoing to police for three additional police officers and$15,000 for one-time police officer training costs,with technical adjustments. Councilor Henderson asked where the money was coming from. Council President Snider said it is decreasing the reserves. Finance and Information Services Director LaFrance said for the record that the $100,000 for recreation will be a transfer from the general fund to the parks utility fund and then will be a programmatic appropriation within the parks utility fund for recreation. Council President Snider said he has an involvement in Fairhaven Recovery Homes and may have a conflict of interest. Mr. LaFrance said they are in the budget for receiving a social services grant. City Attorney Rihala asked if he had a financial interest and Council President Snider replied that he rents a home to that organization and she advised that he should not vote on that item. Councilor Goodhouse moved to remove social services grants in the amount of$351,387 from the budget for a separate vote. Councilor Henderson seconded the motion. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook conducted a vote and the motion passed unanimously. RESOLUTION NO. 16-23 -A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE APPROVED BUDGET,WITH ADJUSTMENTS, MAKING APPROPRIATIONS,DECLARING THE AD VALOREM TAX LEVY,AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2017,WITH TECHNICAL ADJUSTMENTS, and social services grants removed to be considered separately. Yes No Councilor Henderson ✓ TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 15 of 17 Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Goodhouse moved to approve the social services grants amount of$351,387. Councilor Henderson seconded the motion. Mayor Cook conducted a roll can vote. Yes No Abstain Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that the motion passed by a majority 4 yes,with 1 abstention. Council considered Agenda Item 10 at this time. 12. INFORMATIONAL PUBLIC HEARING: CONSIDER APPROVAL OF FOURTH QUARTER SUPPLEMENTAL BUDGET a. Mayor Cook opened the public hearing and said anyone would be able to comment. b. No one signed up to speak. C. Finance and Information Services Director LaFrance introduced this item,noting that the budget was amended with supplemental material distributed tonight which has been added to the packet and shows an increase of$8,000 rather than$2,000. The following funds were affected: Transportation Development Tax (IDT) and Parks SDC. d. Mayor Cook closed the public hearing. e. Councilor Woodard moved for adoption of Resolution No. 16-24. Council President Snider seconded the motion. f. City Recorder Krager read the number of title of the resolution. RESOLUTION NO. 16-24-A RESOLUTION TO AMEND THE FY 2016 ADOPTED BUDGET TO ACHIEVE THE FOLLOWING: BUDGET ADJUSTMENTS IN THE CAPITAL IMPROVEMENT PROGRAM as amended with supplemental material received tonight g. Mayor Cook conducted a vote and the Resolution passed unanimously. Yes No TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 16 of 17 Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 13. NON AGENDA ITEMS None. 14. At 10:27 p.m. Mayor Cook read the Executive Session citation and said the Tigard City Council was entering into Executive Session to discuss pending litigation or litigation likely to be filed under ORS 192.660 (2) (h). He said the Tigard City Council would adjourn from Red Rock Creek Conference Room after the Executive Session. The Executive Session ended at 10:51 p.m. 15.ADJOURNMENT At 10:51 p.m. Councilor Goodhouse moved for adjournment and Councilor Woodard seconded his motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Carol A. Krager, City Rec rder Attest Di)A John L, o k, Mayor TIGARD CITY COUNCIL MEETING MINUTES -June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 17 of 17