City Council Minutes - 08/14/2018 a City of Tigard
Tigard City Council Meeting Minutes
August 14, 2018
STUDY SESSION
City Council Present: Mayor Cook, Councilor Woodard, Councilor Goodhouse and Councilor
Anderson. Staff Present: City Manager Wine,Assistant City Manager Zimmerman,City Attorney
Rihala, HR Director Bennett and City Recorder Krager
A. DISCUSS FORMAT AND APPROACH FOR EVALUATING THE CITY ATTORNEY AND
CITY MANAGER
HR Director Bennett said Council is being asked to direct staff to change the evaluation process for the
City Manager and new in-house City Attorney. HR Director Bennett said she has been evaluating what
has worked and not worked in the past in order to streamline the process yet get the most value. She
recommends using a consultant for the feedback portion with the city council,interviewing each
councilor one on one and then facilitating the discussion. She wants to keep the 360 °input. She would
like to get both the City Manager and City Attorney evaluations completed by the end of the year.
Councilor Goodhouse asked what the cost of a facilitator might be and Ms. Bennett responded that the
going rate is $4,000-$5,000. He asked if the consultant would also work on the follow-up and she
replied that they would help develop what feedback is needed,giving the City Manager and City
Attorney the opportunity to ask questions,probe further on performance issues and create goals that are
specific to them,beyond goals set for the City by Council. She said she needs to be in the role of"a
pass through" and she wants no influence or conflict of interest because the City Manager is her
supervisor.
Councilor Goodhouse asked if other cities are using this process and she said Gresham has and she
heard positive feedback. Councilor Woodard asked what specifically caused this recommendation for a
change and Ms. Bennett said last year the council was supposed to work on developing goals for the
City Manager but that did not happen. Mayor Cook asked her to go forward with the details and cost
analysis and let council know what she finds.
HR Director Bennett said a Survey Monkey will be sent to council. Criteria will be collected and they
will meet individually with the facilitator and then participate in a discussion regarding the feedback.
The facilitator will work with the council to reach consensus on top things being done well and what
things need help, creating a cohesive report with clear themes for feedback to these Council employees.
B. COUNCIL LIAISON REPORTS
Councilors Anderson and Goodhouse went on a PRAB field trip to the Lasich property on Roy Rogers
Road and Fields property behind the Library.
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Councilor Woodard reported on the Intergovernmental Water Board meeting and noted that with 254
plus miles of water pipe, there are a thousand dead ends,which can affect water taste and odor. He
noted they only receive 3-5 water complaints per month now. He said the Clackamas River is above
curtailment level and Tigard could easily make up any required curtailment with ASR wells.
Councilor Goodhouse attended the Willamette Intake Facility meeting where earthquake-related updates
were discussed.
Mayor Cook attended the final SW Corridor Steering Committee meeting. The locally-preferred route
was approved unanimously. The seven-year old committee has officially disbanded. The next steps are
working with Community Development Asher and City Attorney Rihala on development of a
Memorandum of Understanding with TriMet to include what the City wants. It will come to council the
same night that an alignment is approved (October 9). Another step is the Land Use Final Order
(LUFO) which allows direct overrides of local land use laws but only where the project touches. Mayor
Cook said tentative station locations,highway improvements or location for Park and Ride lots is not
yet firm. He added that Tigard wants a station as close to Hall Boulevard as possible.
1. BUSINESS MEETING
A. At 7:32 p.m. Mayor Cook called the City Council and Local Contract Review Board to
order.
B. City Recorder Krager called the roll.
Present Absent
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider ✓
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.
2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication—None.
B. Tigard Chamber of Commerce—CEO Mollahan gave council an update on Chamber
activities. They are producing a new video and a member was filming her presentation. The
Chamber is tracking State Measure numbers 102-106 and how they may impact business and
listed this information on their website. They will announce their City of Tigard mayor and
council endorsements in the next few weeks.The Tigard Farm to Table Dinner Experience
held on August 3 was great. She reminded council that the Downtown Tigard Street Fair
will be on Saturday, September 8 and will include a Latino Fest from 11-8.
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C. Police Department Update—Chief McAlpine gave her monthly update to council. The
update and PowerPoint slides have been added to the record for this meeting. Chief
McAlpine said person crimes increased by 51 percent. Some are simple assaults but one-third
to one-half are related to mental health issues and homeless people. She noted that the
residential burglary rate has gone up. She encouraged citizens not to leave back doors and
windows open and to lock their doors. She said 24 different residents signed up for National
Night Out neighborhood events and at least one officer attended each. Two new
neighborhoods hosting National Night Out events were River Terrace and Genesis Loop.
D. Citizen Communication—Sign-up Sheet.
Taylor Sarman, 9407 SW Maplewood,Tigard, OR 97223, told council that young people are
having trouble finding affordable housing in Tigard. Rents are increasing and they are
having to move to other communities. He offered support of Measure 102 and encouraged
council to do the same. He said he would be happy to go door to door and explain to
people why this is important.
Canine Arendes, 9425 SW North Dakota Street,Tigard, OR 97223 spoke about Measure 102
on the November ballot. There is currently a prohibition against co-mingling public and
private funds and many members of the public are not aware of how complicated this
process is and how it makes it difficult to fund affordable housing. It will not control or
direct Tigard's response to the housing crises. It would give more authority to match the
reality of what is happening on the ground and removes a restriction from local bonds being
used with local nonprofit agencies and developers. It is a win for local governments and a
win for local control. She asked Council to do the right thing and endorse Measure 102.
3. CONSENT AGENDA: (Tigard City Council) —
A. RECEIVE AND FILE:
1. Council Calendar
2. Council Tentative Agenda for Future Meeting Topics
B. APPROVE CITY COUNCIL MINUTES
• June 12,2018
• June 19,2018
• July 26,2018
A motion to approve the Consent Agenda with the June 12, 2018 minutes removed for separate
consideration was made by Councilor Goodhouse and seconded by Councilor Woodard. The
motion passed unanimously.
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Yes No
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider (Absent)
Councilor Woodard noted for the record that an incorrect statement was made on June 12 and
captured in the minutes on page 9. He said Council President Snider referred to a January meeting
but the date on which he actually made a statement regarding performance audits was February 20,
2018. He wanted this accurately reflected for the record. Mayor Cook explained to the audience
that what is stated at a meeting is what goes into the minutes. Tonight's minutes will reflect any
changes discussed at this meeting.
Councilor Woodard moved to approve the June 12,2018 minutes. Councilor Anderson seconded
the motion. Mayor Cook conducted a vote and the motion was approved unanimously.
Yes No
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider (Absent)
4. CONSIDER RESOLUTION TO APPOINT TOWN CENTER ADVISORY COMMISSION
MEMBERS
Redevelopment Project Manager Farrelly introduced this agenda item and said the Mayor's
Appointment Advisory Committee recommends the appointment of Chris Haedinger and Lucas
Brook as voting members and Gloria Pinzon-Marin as a non-voting Ex Officio member. City
Recorder Kragen read the number and title of the resolution. Councilor Woodard moved to
approve Resolution No. 18-39 and Councilor Anderson seconded the motion. Mayor Cook
conducted a vote and the motion passed unanimously. TCAC Member Chris Haedinger was present
and Mayor Cook gave him a City of Tigard pin.
RESOLUTION NO. 18-39—A RESOLUTION APPOINTING LUCAS BROOK AND
CHRIS HAEDINGER AS VOTING MEMBERS OF THE TOWN CENTER
ADVISORY COMMISSION AND GLORIA PINZON-MARIN AS A NON-VOTING
EX-OFFICIO MEMBER
Yes No
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider (Absent)
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5. LOCAL CONTRACT REVIEW BOARD—CONSIDER AWARD OF MOBILE DATA
COMPUTERS CONTRACT
Senior Management Analyst Barrett and Chief McAlpine presented this item. This purchase is for
mobile data computers and the purchase is being made under a permissive cooperative agreement
which the City is eligible for both under public contracting rules and Oregon Revised Statute 279.A.
215. The total purchase price is $258,580. Mayor Cook noted that the officers got four years use out
of the old computers and he saw the use they get in the officer's cars and the weather they have to
withstand. He asked why staff budgeted for only$100,000 if the current cost for replacement every
four-five years is $250,000. He asked why the entire amount would not be budgeted. Chief
McAlpine said the City leased previously but this year buying them outright with a five-year
warranty, and saving$13,000-$15,000 in interest.seemed like the fiscally prudent thing to do.
Councilor Woodard asked if she could separate the maintenance operating costs vs. service for the
five years. Chief McAlpine said the cost for an extended warranty for two years is $28,000.
Mayor Cook noted that the additional$158,000 is coming from savings due to recent staff
resignations and retirements.
Councilor Anderson moved to award the mobile data computers contract as presented and
Councilor Woodard seconded the motion. Mayor Cook conducted a vote and the motion passed
unanimously.
Yes No
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider (Absent)
6. LOCAL CONTRACT REVIEW BOARD—CONSIDER PURCHASE OF POLICE VEHICLES
Senior Management Analyst Barrett and Chief McAlpine presented this item. Mr.Barrett said the
amount is $163,639 for the purchase of five new vehicles. Six are budgeted and this is for five of
those (three 2019 Police Interceptors and two civilian-model Ford Explorer MLTs). This purchase
was made through a permissive, cooperative State of Oregon contract. Councilor Goodhouse asked
about vehicle warranties and whether police use voids a warranty. Chief McAlpine said warranties
come with the vehicles and it was not her experience that police use would void a warranty. Mayor
Cook said these vehicles are made for police use only.
Councilor Goodhouse moved to approve the purchase of police vehicles as presented and Councilor
Woodard seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously.
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Yes No
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider (Absent)
7. LOCAL CONTRACT REVIEW BOARD—CONSIDER PURCHASE OF HYDRO CLEANING
VEHICLE
Senior Management Analyst Barrett and Utility Manager Goodrich presented this item. Mr. Barrett
said this purchase is for the "big boy" of the City's rolling stock, the hydro cleaning vehicle. This
purchase was made through a permissive, cooperative membership in SourceWell. The total cost is
$477,578 and is split between the City's Storm Water and Sewer Funds.
Utility Manager Goodrich said this is a large purchase but it is a very important piece of equipment,
replacing a hydro cleaning vehicle purchased in June of 2009,which provided almost ten years of
service. Over the ten-year period, the city spent$105,000 for maintenance and repair to keep it
serviceable. Older equipment with downtime due to increased maintenance reduces productivity
and customer services. The City uses the hydro-cleaning vehicle to meet Clean Water Services and
Oregon Department of Environmental Quality pipeline cleaning mandates.
Councilor Woodard moved to approve the purchase of the hydro cleaning vehicle as presented and
Councilor Anderson seconded the motion. Mayor Cook conducted a vote and the motion passed
unanimously.
Yes No
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider (Absent)
8. QUASI-JUDICIAL PUBLIC HEARING:LEWIS ANNEXATION (ZCA2018-00002)
a. Mayor Cook opened the public hearing.
b. City Attorney Rihala read the hearing procedures.
C. Mayor Cook asked council if any member had a conflict of interest or ex parte contact.
There was none. Mayor Cook said he has driven by the property in the past.
d. Mayor Cook asked if anyone in the audience challenges the participation of a member of
council in this hearing. No one in the audience responded.
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e. Associate Planner Smith gave the staff report. She said the proposal is to annex a 0.47-acre
property located at 13990 SW Fern Street into the City. The property owners requested to
annex in order to connect to city sewer. This property and the adjacent property make up
the last remaining island of unincorporated land not yet approved for annexation by City
Council. The adjacent property will be discussed in the next agenda item for the Chase
annexation.The Public Works Department determined the city has adequate capacity to
serve this property. She said as outlined in the staff report the proposed annexation meets
the requirements of the Tigard Community Development Code,Tigard Comprehensive
Plan,Metro Code and State Statutes. On July 16,2018, the Planning Commission
unanimously recommended approval of the proposed Lewis annexation.
g. Public Testimony: John Lewis, 13990 SW Fern,Tigard, OR 97223 said he was the
applicant for this annexation. He said there is an interesting issue. The sewer line does not
run directly outside his property, ending on 138`'and Fern and he intends to connect to the
sewer connection to his property. He said city planners told him he is not allowed to put in
the sewer section prior to annexation. He submitted some plans on April 23 to the city to
verify that his plans were all right because he hoped to put in the sewer line in the street
during the summer before the school busses are running on Fern Street. He found he could
not do that until the voluntary annexation was approved. It is a chicken and egg situation
and the problem for him is that there is an even further delay and he cannot put this sewer
connection in until September 14,which is getting late in the year. This has nothing to do
with connecting to the sewer;it is just putting the line in the street to the correct manhole.
What he intends to do is put it off until next June. He will be paying for his voluntary
annexation but will not have a sewer to connect to until then. He added that this is not
logical.
h. Response to Testimony by Staff: Associate Planner Smith said Mr. Lewis submitted a public
facility improvement permit with plans for a sewer extension. However,the annexation is
effective after the ordinance effective date and when it is filed with the Secretary of State to
be officially in the City of Tigard. The City typically waits until the annexation is effective to
issue the permit. Mr. Lewis asked why a voluntary annexation was tied to this.
Mayor Cook said he could understand why the annexation would need to be complete
before connecting to City sewer. Mr. Lewis responded that he did not intend to cheat the
system. Mayor Cook asked Assistant Community Development Director McGuire for an
explanation. Mr. McGuire said it is the policy of the Engineering Division to deny permits
in an annexation situation until such annexation is approved. He said he was unaware of the
details behind the policy but the Engineering Division was following City policy in this
situation. Councilor Goodhouse said they seem like two separate actions and the pipe would
be a separate project whether or not it ties into the sewer. He said years ago sewer was put
down his street but it he was still on septic and could connect at any time so that situation
already exists in Tigard. Mr. McGuire said citizens would not voluntarily pay for pipes in the
public right of way and extensions of public facilities without some expectation of
connecting to a sewer or using that for development purposes. He added that there is some
risk if the pipe is put into the street, of someone hooking up without paying for it. Mayor
Cook asked staff to look at this in the future and see if there is a reason to do it this way.
City Attorney Rihala said she will follow up on this with Engineering.
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Mr. Lewis said he did not want to have to come back before council. He noted that he
would be paying taxes now prior to being hooked up and it did seem odd because the
original plan (when Liz Newton was Assistant City Manager) to put the sewer in first and
then annex later. His septic system is still working but at least if it fails,he can do
something. He thanked council for their consideration.
i. Mayor Cook closed the public hearing.
Councilor Goodhouse moved to approve Ordinance No. 18-16. Councilor Anderson seconded the
motion. City Recorder Krager read the number and title of the ordinance.
AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALING
APPROXIMATELY 0.47 ACRES,APPROVING THE LEWIS ANNEXATION
(ZCA2018-00002),AND WITHDRAWING PROPERTY FROM THE TIGARD WATER
DISTRICT,WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL
DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE
DISTRICT
City Recorder Krager conducted a roll call vote.
Yes No
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider (Absent)
Mayor Cook announced that Ordinance No. 18-16 was adopted unanimously.
9. QUASI-JUDICIAL PUBLIC HEARING: CHASE ANNEXATION (ZCA2018-00003)
a. Mayor Cook opened the public hearing.
b. Mayor Cook announced that the hearing procedures were the same as the City Attorney read
for the previous annexation.
C. Mayor Cook asked council if any member had a conflict of interest or ex parte contact.
There was none.
d. Mayor Cook asked if anyone in the audience challenged the participation of a council
member. No one responded.
e. Associate Planner Smith gave the staff report and said this proposal is to annex a 2.38-acre
property located at 13992 SW Fern Street into the City of Tigard. This is an involuntary
annexation initiated by the City and not by the property owners. In 2017 City Council
implemented a policy to annex all of the unincorporated islands into the City and last
summer Council approved annexations for ten islands of unincorporated land. This
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property was left out and is now proposed for annexation to complete the Council policy.
Because this is an involuntary annexation,it will be delayed. The effective date will be
September 13,2021,or three years after the effective date of Council's approving ordinance.
This is consistent with State of Oregon requirements.
f. Public testimony—None.
g. Response to testimony by staff. There was no testimony so no response was necessary.
h. Mayor Cook closed the public hearing.
Councilor Goodhouse moved for adoption of Ordinance No. 18-17 and the motion was seconded
by Councilor Woodard. City Recorder Kragen read the number and title of the ordinance.
AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALING
APPROXIMATELY 2.38 ACRES,APPROVING THE CHASE .ANNEXATION
(ZCA2018-00003),AND WITHDRAWING PROPERTY FROM THE TIGARD WATER
DISTRICT,WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL
DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE
DISTRICT.
City Recorder Krager conducted a roll call vote.
Yes No
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider (Absent)
Mayor Cook announced that Ordinance No. 18-17 was adopted unanimously.
10. CONSIDER CITY COUNCIL VACANCY
City Manager Wine said the issue before council is how they wish to fill the vacancy created due to
the resignation of Council President Snider effective at the end of the year. This resignation leaves
two years remaining on his term.The City Attorney has previously advised that the options are
electing or appointing someone to fill the remaining two years. Council action needs to be taken in
a public meeting. Staff needs guidance from council on how they prefer to have the vacancy filled
and when that action would occur.
Councilor Woodard stated that after Council President Snider submitted his resignation on June 4,
he was adamant about putting this to a vote of the people. He reflected back to when Mayor
Dirksen chose to run for Metro office,vacating his term with two years remaining. The discussion
on the council at that time was that with two years remaining in the term it should be put to a public
vote.
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Councilor Woodard said on two separate occasions he stated that council was running out of time
and needed to make a decision. All the council knew the deadlines and options. He said he was
disappointed but he is just one person, one vote and the majority wins. Although he tried his
hardest to make it happen,he now did not think there was enough time to get this on the November
ballot.
Councilor Anderson said he preferred an election as well,but time is running out. He clarified that
this is for a two-year, not four-year term. He said the appointment and timing should be up to the
new council to decide.
Councilor Goodhouse asked when the new council would decide. City Manager Wine said the
current council could decide when the new council would vote or it could be left to them to decide.
Mayor Cook suggested a third alternative of taking applications prior to the end of the year so that
part would be done and the new council could schedule the interviews and then decide. Councilor
Goodhouse asked if the 2019 council could conduct the interviews prior to the end of the year and
the answer was they can not.
Councilor Goodhouse moved to go through the public appointment process,accept applications
through 2018 and then have the new council make the decision. Councilor Anderson seconded the
motion. Councilor Woodard said he thought the new council should make the appointment based
on applicants. He apologized to the public that this did not go to a vote. Mayor Cook stated that
the 2019 council should be the ones appointing and he felt that an appointment was a good way to
do this. He noted that a few letters were received, one stating that an appointment halts
inclusiveness and diversity but he disagreed and felt that an appointment could actually be a way to
increase inclusiveness and diversity.
Yes No
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider (Absent)
Mayor Cook conducted a vote and the motion passed unanimously.
11. CONSIDER POSITION ON MEASURE 102, STATE CONSTITUTIONAL AMENDMENT
REGARDING LOCAL BONDS FOR AFFORDABLE HOUSING
City Manager Wine said the issue is whether council wants to encourage or oppose voter approval of
Measure 102.A draft resolution of support was prepared and council may wish to change the
wording. Council heard and received testimony on this tonight.Written testimony in support was
received from State Representative Doherty and Sheila Greenlaw-Fink from Community Housing
Fund and entered into the record. Two people spoke in support during Citizen Communication
tonight.Written testimony opposing council support of Measure 102 was submitted into the record
from Linda Monahan.
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Mayor Cook said he is not generally in favor of constitutional amendments because they clog up the
constitution. But this actually does the opposite,removing language and improving local control.
Cities are not required to do something,but they are allowed to do it,if this passes. The purpose of
Measure 102 is to allow government bonds to be used to finance affordable housing. In Tigard
Community Partners for Affordable Housing has six different projects and a seventh one that the
City agreed to partially fund. The League of Oregon Cities Board of Directors voted to endorse
this, an unusual move for them,but because it has to do with local control they are supportive.
Councilor Goodhouse said it give cities more control. Councilor Anderson said it is a financial"no-
brainer," leveraging a city's credit-worthiness with non-profits and not being stopped by a state
statute.
Councilor Anderson asked if the support of this resolution will be mentioned in the voter's
pamphlet. Mayor Cook said the City of Tigard will not pay for it but the PAC could use any part of
the resolution,if passed tonight. Councilor Woodard commented that he never understood why the
private sector could not work with a pro forma and make this work. Mayor Cook asked the council
if anyone wanted changes to the resolution wording and there were no suggestions.
Councilor Goodhouse motioned for approval of Resolution No. 18-40 and Councilor Woodard
seconded his motion. Mayor Cook conducted a vote and the motion passed unanimously.
Yes No
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider (Absent)
12. NON-AGENDA ITEMS None.
13. EXECUTIVE SESSION None Scheduled.
14. ADJOURNMENT
At 8:47 p.m. Councilor Goodhouse motioned for adjournment. Councilor Anderson seconded the
motion. Mayor Cook conducted a vote and the motion passed unanimously.
Yes No
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider (Absent)
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�La
i
Carol A. Krager, City R cccorder
Attest:
John L. C ok, Mayor
Date
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