City Council Minutes - 03/27/2018 of Tigard
= Tigard City Council Meeting Minutes
TIG
ARD March 27, 2018
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STUDY SESSION
Council Present: Mayor Cook, Councilor Woodard, Council President Snider and Councilor Anderson
Council Absent: John Goodhouse
Staff Present: City Manager Wine,Assistant City Manager Zimmerman, City Attorney Rihala, City
Recorder Krager and Assistant Public Works Director Wright
A. Executive Session—At 6:30 p.m. Mayor Cook read the citation for an executive session being called
under ORS 192.660(2) (e) to discuss real property acquisition. The Executive Session began at 6:30
and ended at 6:37 p.m.
B. Council Liaison Reports
Councilor Woodard reported on the National League of Cities Conference. He noted that there is
money available for housing and homelessness issues and gave some information to City Manager
Wine. He also noted there is funding available for emergency response purposes. He noted that net
neutrality was an issue that most legislators did not have information about. Councilor Woodard
asked about FEMA flood insurance and Council President Snider said Mayor Doyle was pushing for
this and multiple legislators were aware of it but there were no commitments to push this.
Councilor Woodard commented that Councilor Goodhouse did a great job speaking about
marijuana in a session.
Councilor Woodard reported on a Heritage Trail meeting where he brought along officers in the
American Legion. He said they reached a point of agreement on a static display. He suggested
displaying a cannon or a fighter jet. If we ever had to move it there would be other places interested
in taking them. A "buy a paver brick" fundraiser was discussed but it was decided that
administration would be too costly. A clock from Rotary is still in the plans.
Council President Snider said he and Councilor Woodard received a revised draft of the Durham
water agreement. City Attorney Rihala, City Manager Wine and Public Works Director Rager are
reviewing it and will give comments back to the Council liaisons.
Councilor Anderson attended the Social Services subcommittee meeting and found it inspiring. The
social service community is very passionate. The subcommittee had to cut the awards in half as an
exercise. The proposed budget cuts the program in half by year one and then cuts it all the next
year.
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Mayor Cook said there will be a congestion pricing open house presented by ODOT somewhere in
Tigard in April. He said they are only looking right now at two roads: I-5 and I-205. There is a 16-18
person committee. He said STIP funding was discussed at the Area Commission on Transportation
meeting. He said the State of the County program went well. His takeaways were to Plan Ahead
and Get Along.
Administrative Items: The meetings of April 3 and 10 are cancelled due to a lack of agenda items.
The Study Session ended at 7:25 p.m.
BUSINESS MEETING
1. A. At 7:32 p.m. Mayor Cook called the City Council&Local Contract Review Board to order.
B. City Recorder Krager called the roll.
Present Absent
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider ✓
Councilor Woodard ✓
C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance.
D. Mayor Cook asked Council and Staff for Non-Agenda Items. None
2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication—There was none.
B. Chamber of Commerce—Chamber CEO Mollahan updated council on recent and
upcoming activities and events. Leadership Tigard got an overview of how non-profits
operate and visited some non-profit organizations in Tigard such as Broadway Rose
Theater and the Chelsea Hicks Foundation. The Shining Stars Community Awards Gala
will be Friday,April 27 at 5:30 p.m. Four scholarships will be awarded,all this year from
Tigard. The Tigard Farmer's Market opening day is May 6 and the market will be moving
to Burnham Street at Main. Burnham will be closed between Main and Ash. There will be
the Market Sprouts Kids Club,Music at the Market, the Community Booth and the SNAP
matching program again this year, thanks to a generous grant from Tualatin Soil and Water
Conservation District. The Art Walk is June 1-3. The Tigard Tap House will host a pop-
up gallery inside their building. Ms. Mollahan announced that the Tigard Downtown
Alliance has been awarded$35,000 to purchase interpretive art along the Tigard Heritage
Trail.
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C. Citizen Communication—Sign-up Sheet. No one signed up to speak.
3. CONSENT AGENDA: (Tigard City Council) —
A. PROCLAIM NATIONAL COMMUNITY DEVELOPMENT WEEK
B. PROCLAIM APRIL AS ARBOR MONTH
C. PROCLAIM PLAY BALL MONTH
D. RECEIVE AND FILE:
• Three-month Council Meeting Calendar
• Tentative Agenda of Upcoming Meetings
• Annual Municipal Court Report
E. APPROVE CITY COUNCIL MINUTES:
• January 9,2018
• January 23,2018
• February 6, 2018
Councilor Woodard moved for adoption of the Consent Agenda as presented. Council President
Snider seconded the motion. The motion passed unanimously.
Yes No
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse (absent)
Council President Snider ✓
Councilor Woodard ✓
4. RECEIVE UPDATE AND AWARD FROM THE HEAL CAMPAIGN RECOGNIZING
TIGARD
Human Resources Director Bennett gave the staff report and introduced HEAL cities representative
Jamie Nash. Ms. Nash said the City of Tigard was awarded the second highest award in 2015. The
City has now achieved the highest level based on programs such as the no smoking or vaping
ordinance,the Metzger Park Project, CIP transportation project prioritization, Safe Routes to
School, and the wellness committee. There are 41 cities in Oregon participating in the HEAL
program. She said achieving the top award does not mean a city's work is complete. She asked that
Tigard staff continue to push the needle towards innovative practices to improve healthy eating and
active living practices in Tigard. Ms. Nash presented Mayor Cook with an award for the city on
behalf of HEAL.
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5. CONSIDER RESOLUTION REAPPOINTING A MEMBER TO THE COMMITTEE FOR
COMMUNITY ENGAGEMENT
Communications Strategist Owens gave the staff report. He said the Committee for Community
Engagement has 14 standing members with a vacancy to be filled by an eligible applicant who
resides, owns property,owns a business or works within the City of Tigard's Urban Services
Boundary. In January 2018,Mayor Cook and Councilor Woodard interviewed Tamera Boring and
recommended that she be appointed for a four-year term, starting April 18, 2018.
Councilor Woodard moved to approve Resolution No. 18-17. Councilor Anderson seconded the
motion. City Recorder Krager read the number and title of the resolution.
Resolution No. 18-17 — A RESOLUTION APPOINTING TAMERA BORING TO
THE COMMITTEE FOR COMMUNITY ENGAGEMENT, FOR A TERM OF FOUR
YEARS, EFFECTIVE MARCH 28,2018 THROUGH MARCH 28, 2022.
Mayor Cook conducted a vote and Resolution No. 18-17 passed unanimously.
Yes No
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse (absent)
Council President Snider ✓
Councilor Woodard ✓
6. LEGISLATIVE PUBLIC HEARING: CONSIDER MODIFICATION TO WASTE
COMPACTOR CRITERIA IN TMC CHAPTER 11.04
A. Mayor Cook opened the public hearing.
B. Mayor Cook announced that anyone may offer testimony.
C. Assistant Community Development Director McGuire gave the staff report. He said in a
continuing effort to improve the city's code,Tigard Municipal Code Chapter 11.04 relating
to solid waste is being modified. It refers to an obscure permit approval process and in
order to clear up any confusion, staff proposes removing it from Chapter 11.04. It is
already mentioned in Title 18 (Community Development Code).
D. Public Testimony—There was none.
E. Response to testimony by staff. There was no testimony.
F. Mayor Cook closed the public hearing.
G. Council Discussion and Consideration: Ordinance No. 18-07
Council President Snider said, "We are relying on a franchisee to provide adequate
oversight. Right now we have solid relationships with those franchisees. What if that
changes in the future?" Assistant Community Development Director McGuire said they
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would be unable to provide service if they do not have access to the compactor areas so it is
in their best interests to make sure it works. There are technical needs such as the turning
radius for particular trucks and they need to make sure this is achieved. It is difficult for the
city to legislate. City Attorney Rihala assured Council that the City still maintains the ability
to regulate them through the nuisance code. Councilor Woodard asked where the conflict
was in the CDC. Assistant Community Development Director McGuire said a conflict was
created because the process in the code required a land use review which was outside of the
regulated land use process. Mayor Cook noted that it didn't mention the word commercial
and he thought there might be confusion if homeowners thought their home trash
compactors were affected.
Councilor Woodard moved to approve Ordinance No 18-07. Council President Snider
seconded the motion. City Recorder Krager read the number and title of the ordinance and
conducted a roll call vote. The motion passed unanimously.
Ordinance No. 18-07 —AN ORDINANCE AMENDING TIGARD
MUNICIPAL CODE CHAPTER 11.04 TO REMOVE APPROVAL
CRITERIA FOR STATIONARY SOLID WASTE COMPACTORS
Yes No
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse (absent)
Council President Snider ✓
Councilor Woodard ✓
7. LOCAL CONTRACT REVIEW BOARD CONSIDERATION OF MOWER PURCHASE
Senior Management Analyst Barrett said staff brought forward on February 6,2018 a contract for
the purchase of a new mower. The sales representative subsequently said it would not be available
until December, causing the city to either have to cancel the order and purchase another or contract
out mowing services throughout the spring and summer lawn mowing season. Staff found that the
purchase could be made now through the Washington State contract. The cost of the mower is
$112,000. Council had approved$110,000 in Contingency funds and the rest will come from the
Street Maintenance Fund Division's operating budget.
LCRB Board Member Anderson motioned to approve the purchase and LCRB Board Member
Woodard seconded the motion. Chair Cook conducted a vote and the motion passed unanimously.
Yes No
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse (absent)
Council President Snider ✓
Councilor Woodard ✓
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8 CONSIDER A RESOLUTION GRANTING EXEMPTION FROM PROPERTY TAXES
UNDER TMC 3.50 FOR FIVE NON-PROFIT LOW-INCOME HOUSING PROPERTIES
Confidential Executive Assistant Lutz and Associate Planner Warren gave the staff report. The -
Tigard Municipal Code allows certain organizations providing low-income housing to be exempted
from Tigard property taxes. Community Partners for Affordable Housing properties and one
property operated by Resident Resources operating low-income housing and meet all criteria listed
in the code. Both entities met the March 1 deadline for applications. Councilor Woodard asked
what the fiscal impact of tax exemptions would be and Ms. Lutz said the impact to Tigard property
tax revenue is $50,000. Councilor Woodard asked how the other jurisdictions feel about Tigard
making this decision. Associate Planner Warren said state law enabling this says once a threshold of
51 percent of the value of the taxing district is reached you are exempted from all taxes. Both
Tigard-Tualatin School District and Tualatin Valley Fire District have granted this exemption in the
past. We are well over the 51 percent threshold. Mayor Cook noted that the City's tax is only 17
percent of the property tax bill so the City cannot do it themselves. It takes the other entities to
approve exemptions in order to reach the 51 percent.
Council President Snider moved to approve Resolution No. 18-18. Councilor Woodard 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. 18-18—A RESOLUTION GRANTING AN EXEMPTION
FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE
SECTION 3.50 FOR FIVE NON-PROFIT LOW-INCOME HOUSING
PROJECTS OWNED AND OPERATED BY COMMUNITY PARTNERS
FOR AFFORDABLE HOUSING (CPAH)AND RESIDENT RESOURCES
OREGON
Yes No
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse (Absent)
Council President Snider ✓
Councilor Woodard ✓
9. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AN IGA WITH TUALATIN
VALLEY WATER DISTRICT AND HILLSBORO FOR TEMPORARY WATER SUPPLY
Public Works Operations Manager Goodrich gave the staff report. The construction of a new 66-
inch pipeline is part of the Washington County Roy Rogers Road widening project. The water line is
part of a phased approach by the Willamette Water Supply System and will not have water to fill the
pipeline until 2025 or 2026. It will be a stranded pipeline until it is connected at either end as part of
the supply system to move water from Wilsonville to Hillsboro. In the meantime the pipeline
project needs water for flushing,pressure testing and purifying the water line. The surfaces need to
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be kept wet.Water is available from Tigard to meet these needs. Staff determined that this was a
unique opportunity to upsize from a 6-inch pipe to provide a 12-inch pipe that could be used for
emergency water supplies in the future. The agreement covers the temporary supply of water for
construction purposes and terms and conditions for upsizing the pipeline. The road project will not
be using water from this particular meter. This is in Tigard's favor for future water resilience needs,
such as in an emergency.A 12-inch line could supply up to 5 mgd of emergency supply. The cost is
$80,000 plus a staff-added contingency of$8,000 for a total of$88,000. This agreement only
provides for upsizing the initial pipe connection and other agreements and funding will be necessary
to fully develop the connection into an emergency supply system between the Willamette Supply
System and the City of Tigard. The city attorney has reviewed the agreement and staff recommends
approval.
Councilor Woodard moved to approve Resolution No. 18-19. Council President Snider seconded
the motion. City Recorder Krager read the number and title of the resolution.
Resolution No. 18-19 —A RESOLUTION ADOPTING AN AGREEMENT
FOR TEMPORARY WATER SUPPLY BETWEEN THE TUALATIN
VALLEY WATER DISTRICT,THE CITY OF HILLSBORO AND THE
CITY OF TIGARD
Mayor Cook conducted a vote and the motion passed unanimously.
Yes No
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse (absent)
Council President Snider ✓
Councilor Woodard ✓
10. CONSIDER RESOLUTION TO APPROVE PURCHASE AND SALE AGREEMENT FOR.
WILLAMETTE INTAKE FACILITY
Utility Manager Goodrich gave the staff report and said this resolution is the the next step in the
Willamette Intake Facility (WIF) process. On February 27,2018 staff came before Council with an
ordinance for the city to approve an intergovernmental agreement to form a WIF Commission.
Tigard joined and proclaimed its intent to participate in the commission,joint ownership,
management and operation, and also to participate in the expansion of this facility in order to serve
Tigard's needs at a future date. Tualatin Valley Water District has excess capacity and this purchase
agreement is for an equity share of 10 percent.
The initial buy-in cost of 751,000 and the engineer's best estimate for expansion to 150 mgd is
approximately$2.3 million. The $751,000 is identified already in the 2017-18 budgets. And from
2019-2021 staff has projected the additional cost of$2.3 million in the budgets. Mr. Goodrich said at
a February council meeting Mayor Cook noted that Tigard was taking 10 percent ownership but
paying 14 percent. He said much of that has to do with depreciation figured in for the Wilsonville
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property,recognizing that they have spent money on the intake facility. The intake facility is not at
the end of its anticipated life so those dollars were spread among the other entities. The City
Attorney has reviewed and approved this purchase and sale agreement.
Council President Snider moved to approve Resolution No. 18-20 and Councilor Anderson
seconded the motion.There was no further discussion. City Recorder Krager read the number and
title of the resolution. Mayor Cook conducted a vote and the motion passed unanimously.
Resolution No. 18-20 A RESOLUTION ADOPTING AN AGREEMENT FOR
TRANSFER,PURCHASE AND SALE OF THE WILLAMETTE INTAKE
FACILITIES BETWEEN TUALATIN VALLEY WATER DISTRICT AND
THE CITY OF TIGARD
Yes No
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse (absent)
Council President Snider ✓
Councilor Woodard ✓
11. NON AGENDA ITEMS None.
12. EXECUTIVE SESSION Held in the Study Session.
13. ADJOURNMENT
At 8:19 p.m. Council President Snider motioned to adjourn. Councilor Woodard seconded the
motion. Mayor Cook conducted a vote and the motion passed unanimously.
Ycs No
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse (absent)
Council President Snider ✓
Councilor Woodard ✓
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Carol A. Krager, City Rec der
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