Loading...
City Council Minutes - 01/29/2019 a City of Tigard Tigard City Council Meeting Minutes • , January 29, 2019 STUDY SESSION Council Present: Mayor Snider,Councilors Anderson,Goodhouse,Newton and Lueb Staff Present: City Manager Wine,City Attorney Rihala,Public Works Director Rager,Utility Manager Goodrich,Revenue Manager Quach and City Recorder Krager RECEIVE PUBLIC WORKS RATE STUDIES OVERVIEW Public Works Utility Manager Goodrich said the City is at the end of the five-year drinking water rate program.The last increase was effective January 1,2019. He gave some history on recent water rate increases. A major rate study was done in 2010 and based on that water rates were increased significantly on January 1,2011. Two months later an increase to the Water SDC was released,and phased in over a three-year period based on a recommendation from the Home Builders Association. In 2014 staff came back to Council to discuss another rate increase to fund purchasing an additional $20 million of capacity from the Lake Oswego-Tigard Water Partnership. It is now the end of that rate structure and he wanted to discuss challenges with the upcoming rate review. Staff released an RFP for business services and rate planning and a single proposer,FCS Group, responded. This contract is different in that on-call service is included so there will be someone on board for any additional work or responses to Council questions as needed for five years. He noted that the contract for FCS Group will be on the agenda for February 19. Utility Manager Goodrich said in 2010,2011 and 2012 staff received a lot of phone calls from the public but the number of phone calls has significantly dropped. However, there was a lot of customer feedback regarding the one-inch meters.When rate study recommendations came out in 2011, the City moved from being a water"renter" to being an"owner." Part of ownership is distributing the cost,especially the large debt service, spreading it out proportionally based on capacity. The larger the water meter,the higher the fixed cost,which is a fair and equitable way to ensure that the right customers are paying their fair share and contributing capital towards debt service. In hindsight,it may have been better if there had been a single rate for the residential class customer, spreading the costs evenly across the 5/8-inch, 3/4-inch and one-inch meters. It may have saved staff a lot of calls from concerned citizens. He said a question for Council to be considering is whether something should be done regarding one- inch water meter cost structure in the residential class compared to the 5/8-inch and 3/4-inch meters. Other utility fees and charges will also need a review. The stormwater fee is created by Clean Water Services and the City adds as additional surcharge. Out of the recent Stormwater Master Plan came a list of capital improvements that need to be made over the next 20-30 years. Current rates will not cover this need. TIGARD CITY COUNCIL MEETING MINUTES—January 29, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 1 of 10 There is also sanitary sewer aging infrastructure. Clean Water Services also sets this charge. The City collects this fee and gets to keep 20 percent. Tigard also has a nominal($2.27 in 2019) surcharge put into place in 2025 or 2016 to help make up some operations and maintenance costs but does not address capital improvement projects. The Parks and Recreation fee and the Street Maintenance fee are others that Council will be giving input on in the future. Utility Manager Goodrich asked Council how they want staff to approach them on recommendations as they work through the rate studies. He asked if there should first be a workshop on Utility Rates 101 or did they feel they had what they need to bring recommendations to a single workshop and then a business meeting for public comment. Councilor Goodhouse said he would like the 101 review and to see the whole picture of each utility category addressing priority,cost of delay,and suggestions from staff on phasing implementation. He asked that a public communications plan be developed so they understand the priorities and the 20-year timeline. Councilor Newton said she was interested in the capital improvement strategy and knowing what staff feels is imminent and that might require more upfront financing. She noted that she was familiar with the calls that came in about the one-inch meters and asked if it was true that some users were not using all of their capacity. Mr. Goodrich said staff has studied the revenue generated by different sized meters and one-inch meters bring in a lot.Taking them down to the 5/8-inch size level would create a deficit of$876,000 in lost revenue based on last year's data. If the$876,000 was spread evenly over the three meter sizes,there would be an additional cost of$2.34 for 5/8-inch meters. The 3/4-inch and one-inch would end up paying less.Tigard's largest meter group is the 5/8-inch customers. If the amount was added to Tier 2 and Tier 3,it would be an impact of 20 to 25 cents more per unit. Councilor Goodhouse asked if 5/8-inch meter customers were currently getting a discount and Mr. Goodrich said no. The infrastructure to deliver to one-inch meters is greater. Mayor Snider said he has heard about this issue multiple times from the public and unless staff can demonstrate to him that people with one-inch meter actually use more water on average,it is impossible for him to support this. He asked if people are not using that much water,why even put one-inch meters in. Utility Manager Goodrich said it is a State plumbing code based on the number of fixtures in the home. Mayor Snider said he was willing to look at the data. Councilor Newton said that could be addressed with Tier 2 and 3 costs. Councilor Lueb said she understood that people who were getting the one-inch meters had larger houses and we are required to provide the infrastructure but she did not think that their greater cost should be spread to those who do not have that space. She said she could agree with charges based upon usage. Councilor Anderson said he had a one-inch meter for a family of four but during the holidays they had twelve guests staying there so he was sure they used that capacity. He said he did not think it was a big issue. Finance and Information Services Director LaFrance said there is a reason to have both a base charge and a user charge. The city issues $170 million in bonds and a stable and reliable income level is needed in order to pay those bonds. He said the base charge and Tier 1 will handle operations and maintenance. TIGARD CITY COUNCIL MEETING MINUTES—January 29, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 2 of 10 The capital costs are essentially paid for by Tier 2 and Tier 3 users. Utility Manager Goodrich said the economist will look at this issue and provide data and analysis for Council. He acknowledged that the pricing level is complex but has served the city very well and from a financial standpoint has met all the requirements. Mayor Snider asked when the City would start saving for replacement of the Lake Oswego/Tigard Water Partnership system. Utility Manager Goodrich said that would be part of the study with a few scenarios and one percent had been discussed by the Oversight Committee. Mr. Goodrich said there is a situation in River Terrace where the builder put in separate fire suppression systems in townhomes which would normally have a 5/8-or 3/4-inch meter but due to the fire suppression system require a one-inch meter. So those residents are paying$66 per month for fire suppression,or an additional$43.92 extra per month. For residential customers fire suppression is generally covered in the hydrant so we take a portion of cost structure,identify what it costs for one year and then spread it out over all residential users. Staff is receiving many calls from the townhome residents questioning why their bill is so high.A city in Washington has the same situation and they created an ordinance that reduced that meter charge by one step. He did not feel this would have a large impact on Tigard's financial stability and staff could wait until the rate study is complete to bring it to council separately with either an ordinance or administrative rule. Councilor Anderson asked if the builder is aware of this and suggested the information is passed on to homebuyers. Mayor Snider asked what different the builder had to pay in SDCs and Mr. Goodrich replied that they paid 3/4-inch for a one-inch because we allow a credit for fire suppression system. He said staff will bring things forward on a future workshop agenda. COUNCIL LIAISON REPORTS Councilor Newton reported on a Burdick/Doherty/Williamson Open House held on January 12. Topics discussed included rent control,gun legislation,LNG and fracking,paying for education, revenue reform,a vacancy tax (vacant homes),and a state bank for marijuana businesses. She attended the January 17 Affordable Housing meeting and a SW Corridor meeting on January 24. She said people were not in support of light rail going to Bridgeport because of impacts on businesses.There was some support for another stop in downtown Tigard. She attended the CP04B meeting which featured a presentation from Portland State Population Center on changing demographics. Council President Goodhouse attended the Beaverton State of the City. He was on the CDBG project selection committee and it looks like Tigard's sidewalk project will be funded.A Willamette Intake Facility meeting discussion was on structural integrity during earthquakes. The Westside Economic Alliance discussed the Willamette Water project and building processes and materials that will be long- lasting and earthquake damage resistant. That project is scheduled to be on schedule. Councilor Anderson reported on the Water Consortium and he was added to the board. Their budget was approved. He has been added to the Tigard Chamber Government Affairs Committee. He attended a League of Oregon Cities meeting in Salem. Councilor Lueb attended the League of Oregon Cities Elected Essentials training which was interesting and informative. She attended the Chat with the Chief and heard residents' concerns about the photo red light program. She attended Tigard Walks on Saturday and enjoyed talking with citizens about what they liked about living in Tigard. TIGARD CITY COUNCIL MEETING MINUTES —January 29, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 ww,,v.tigard-or.gov ( Page 3 of 10 Mayor Snider reported on topics discussed at the Washington County Coordinating Committee meeting, such as improvements to I-5 through the auxiliary lane and ODOT is now eager to add an auxiliary lane to relieve congestion on Highway 217. Governor Brown's transportation agenda was presented and the SW Corridor was mentioned with one-time funding recommended. Councilor Newton requested a copy of the meeting report. He attended the US Conference of Mayors in Washington DC. They are committed to pushing the"3I's" -Inclusion,Infrastructure and Innovation in the next year. He will copy council with information. He plans a future discussion on E-sports. One talk focused on the great impact lighting can have on an outdoor space. He said lighting projects attract visitors and creative lighting could change the face of downtown Tigard. He attended the Metropolitan Mayors Consortium press conference for the upcoming legislative session today in Salem. The mayors have prioritized the following for legislative action: Qualifications-Based Solicitations (QBS),reducing car thefts,housing assistance programs,mental health,carbon and 5G in the rights of way. Administrative Items: City Manager Wine mentioned that the Council Goal Setting is scheduled for February 12 from 6-8 p.m. at the Public Works Auditorium and the Council Groundrules discussion will be on February 13 from 6-8 p.m. at the Fanno Creek House. Jeff Aprad from Jensen Strategies will schedule individual interviews to discuss Council's goal priorities. He will be facilitating both sessions. Council is invited to host the Chamber's Good Morning Tigard and there are open dates at the end of March. Due to some council liaison commitments it was decided to look for dates later on in the spring. City Manager Wine said a Fifth Tuesday opportunity is hosting an outreach event jointly with Chamber members. 1. BUSINESS MEETING QE A. At 7:33 p.m. Mayor Snider called the City Council and Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Councilor Newton ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Snider asked staff and council for any Non-Agenda Items. None. 2. INAUGURATION OF COUNCILOR HEIDI LUEB At 7:35 p.m.Judge O'Brien called Heidi Lueb to come forward and administered her oath of office. New Councilor Lueb then joined the other councilors at the dais. TIGARD CITY COUNCIL MEETING MINUTES —January 29, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov ( Page 4 of 10 3. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—There was none. B. Tigard High School Student Envoy Freudenthal gave an update on THS activities. The choir's benefit concert at the end of December raised over$7,000 for Paradise High School in the California town devastated by wildfire. The guitar and jazz ensemble hosted an Evening of Musical Desserts. The STUD (Stop Tigard Underage Drinking) Club held a week-long event to bring awareness to the problems caused by underage drinking and drug use. The girls'basketball team is ranked number one in the state and the boys'basketball team is ranked number seven. Unity Month begins this month and all students and families are encouraged to donate toiletries and other household necessities for refugee households in our area. The Senior Citizens Prom will be on Sunday,February 10 from 1-3 p.m. C. Police Chief McAlpine provided Council with the December statistics and presented an end of year report. A copy of her report and PowerPoint have been added to the packet for this meeting. Councilor Newton asked if officers would benefit from additional training or alternate resources to help with contacts with the homeless or those with behavioral issues. Chief McAlpine replied that they send one or two at a time but she would really like to have the entire department receive training. Council President Goodhouse asked if staff tracked where the calls are coming from in the GIS system to see which sector of Tigard initiates more calls. He suggested this information would be helpful in planning substations. Chief McAlpine said they do and it shows a lot of activity along Highway 99W, for example. She will bring this map to the next monthly update. D. Tigard Area Chamber of Commerce—Jessica Love gave an update on Chamber of Commerce activities. Leadership Tigard completed Business and Economy Day in December and Communications and Media Day in January. The Shining Stars Community Awards will be on Friday,May 3 from 5-9 p.m. at Embassy Suites -Washington Square. High school senior scholarship applications are now open and include anyone going to a trade school,professional training,2-year college or 4-year university. Vendor applications for the 2019 Farmers Market season are being accepted.There will be a succulent garden class on February 16 at Model Institution. E. Citizen Communication—Sign-up Sheet. John Mentesana, 8835 SW Thorn Street,Tigard,OR 97223,asked that the new half-bulb street at the end of Thorn Street be closed due to safety hazards. The road was just opened for the Thornwood Meadows development and is right on his property line. There is a blind spot on both sides of the street;one is a power pole and the other a large gate. There are no sidewalks on either side or prior to the development,there was no traffic going beyond his property because it was the end house. The road is reduced in size due to not having enough room to meet the Fire Marshal's width requirements and to allow the developer to build. TIGARD CITY COUNCIL MEETING MINUTES-January 29, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 5 of 10 Mr. Mentesana said the combination of safety hazards is putting his son in danger of getting hit by a car or hurt as he needs code-compliant conditions to stay safe. His son was born with a body sensory disability which impacts vision, speech,body regulation and all senses. His son has a service dog for support and needs code-compliant conditions to stay safe. 4. CONSENT AGENDA: (Tigard City Council) — A. RECEIVE AND FILE: 1. Council Calendar 2. Tentative Agenda B. APPROVE CITY COUNCIL MINUTES • November 27,2018 • December 4,2018 • December 11,2018 • December 18,2018 • January 8,2019 • January 15,2018 C. PROCLAIM JANUARY AS SCHOOL BOARD APPRECIATION MONTH D. CONSIDER CONTRACT AWARD WITH VMWARE FOR ENTERPRISE LICENSING E. CONSIDER INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY FOR 121sT AVENUE IMPROVEMENTS F. CONSIDER APPOINTING A CHIEF NEGOTIATOR G. CONSIDER CONTRACT AWARD FOR PERFORMANCE AUDIT SERVICES H. CONSIDER RESOLUTION WAIVING TEMPORARY SIGN PERMIT FEE FOR TIGARD METRO BABE RUTH BASEBALL Resolution No. 19-01 —A RESOLUTION WAIVING $276 IN TEMPORARY SIGN PERMIT FEES FOR SOUTHWEST METRO BABE RUTH BASEBALL Councilor Anderson motioned for approval of the Consent Agenda. Councilor Goodhouse seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES—January 29, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 10 5. QUASI-JUDICIAL PUBLIC HEARING: CONSIDER ORDINANCE FOR SW 95TH AVENUE ZONE CHANGE (CPA1018-00003 &ZON2018-00004) A. Mayor Snider opened the public hearing. B. City Attorney Rihala read the hearing procedures. C. Mayor Snider asked Council if they had any conflicts of interest. Councilor Newton said she drove by the site yesterday but this would not affect her impartiality in this case. D. Mayor Snider asked Council members if they have had any ex parte contact.There was none. E. Mayor Snider asked the audience if there was any challenge to the participation of any Council member. There were no challenges. F. Project Planner Pagenstecher summarized the staff report and memo informing Council of changes in the site conditions. The agenda packet includes material in support of a Comprehensive Plan change from low-density residential to medium-density residential, and the proposed zone change from R-4.5 to R-7 on a 1.6-acre property located south of Greenburg Road between 95`h Avenue and Tangela Street. He said however,staff was made aware yesterday that Mr. Chapman,who submitted a written comment letter for the record, said there was a change in circumstances due to tree removal. This was documented in a memo to council dated January 29,2019. The tree removal changes the facts of the case and the finding that relied on those facts.This changes the basis for the Planning Commission recommendation to Council. He said staff therefore recommends that Council act to remand the case back to the Planning Commission for review and consideration of the changed circumstances. He said the applicant and property owner are represented in the audience by Brian Cob and concur with the recommendation to remand and are waiving the 120-day timeline for the zone change to facilitate it. He said if the Council votes to remand,the Planning Commission could hear this on February 25,2019 at 7:00 p.m. Mayor Snider clarified that the staff recommendation is to remand back to the Planning Commission. In response to a question from Councilor Newton on whether the 120-day waiver had been received in writing from the applicant,Project Planner Pagenstecher said it was. Councilor Goodhouse asked if there was a discussion about what happened and why the trees were cut down. Mr. Pagenstecher said there has not been a discussion. G. Mayor Snider closed the public hearing. H. Council Consideration Councilor Anderson said he was in favor of the zone change but if Council wants to remand to the Planning Commission it should be sent back. Mayor Snider agreed and said the conditions and findings from the Planning Commission are essentially moot now and we cannot preserve things that were cut down. Project Planner Pagenstecher said the Planning Commission has discretion about public values and the tree canopy is certainly one of those and the tree canopy is gone. There are other public values such as open space and pocket parks that could be considered. Council President Goodhouse moved to remand this item to the Planning Commission. Councilor Lueb seconded the motion. TIGARD CITY COUNCIL MEETING MINUTES-January 29, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 10 Mayor Snider asked if there was any further discussion. Councilor Anderson asked if it was correct that the removal of the trees was not illegal. Project Planner Pagenstecher said that was correct. Councilor Goodhouse clarified that while it was not illegal to remove the trees, it changed a condition of approval so it needs to go back to the Planning Commission. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Mayor Snider thanked everyone in the audience for coming and for their interest in the case. He said Council just voted to remand to the Planning Commission and that is the only action Council would be taking up tonight. Any interested party wanting to testify on the merits of the application is encouraged to attend the Planning Commission hearing which is set for February 25,2019 at 7:00 p.m.in Tigard Town Hall. 6. INFORMATIONAL PUBLIC HEARING: CONSIDER APPROVAL OF RESOLUTION FOR SECOND QUARTER BUDGET SUPPLEMENTAL A. Mayor Snider opened the public hearing. B. Mayor Snider said that anyone may offer testimony and there was a sign-up sheet at the front of the room. C. Senior Management Analyst Kang gave the staff report and described the key items in the supplemental budget as listed in the attachments to the Agenda Item Summary. Staff proposed to hire consultants to perform community outreach and community preference testing for a future election. Finance is requesting an Accounting Assistant position to help answer customer needs in a timely manner,as the amount of customers has increased by 20 percent. IT has requested to use one-time funds granted from the Metropolitan Area Communications Commission (MACC) to update the audio/visual equipment in City Hall and the Library Community Room. The Library received one-time funding from Washington County Cooperative Library Services (WCCLS) to perform repairs and maintenance in public spaces in the Library. The Police Department has identified the need for a Traffic Sergeant position to oversee the Photo Enforcement program. Even though this is a General Fund service,the program revenues will support the expenditures. The Supplemental Budget also contains several grants in Police and Engineering to assist in traffic and pedestrian safety. One Public Works request is to add a Pavement Management Program Project Manager to implement a more robust program including management of right-of-way maintenance contracts,Americans with Disabilities Act (ADA) projects and a street maintenance fee audit. TIGARD CITY COUNCIL MEETING MINUTES —January 29, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 8 of 10 Senior Management Analyst Kang said grants are recognized in the Capital Improvement Plan budget from the National Endowment for the Arts and the Washington County Visitor Association for the Tigard Street Heritage Plaza Outdoor Museum in downtown Tigard. Overall,the 2019 Second Quarter Supplemental Budget increases the City's FTEs by 3.3 but none are materially supported by the General Fund.The City's budget will increase by $2.3 million across 11 City funds. Expenditure increases are largely supported by development,grants and some use of additional fund balances and contingencies.The Supplemental does not impact the reserves of the City. Staff recommends approval of the resolution. D. Public Testimony-No one signed up to testify. E. Mayor Snider closed the public hearing. F. Council Discussion and Consideration: Councilor Newton referred to the failed levy in May and asked staff to talk about the funding sources and lack of impact on the General Fund as funds are adjusted for changing service demands. Senior Management Analyst Kang said they are using some unanticipated fund balances,intergovernmental grants and$340,000 of the contingency.The$340,000 is a loan to the Town Center Development Agency. In response to a question from Councilor Anderson,Mr. Kang said the Pavement Management Program Manager is a new position. Councilor Lueb asked about the time period for the TCDA loan to be paid back and City Manager Wine said over the course of a fiscal year staff ensures that funding loaned from the General Fund to the TCDA gets repaid. Mayor Snider said in this particular case it would be dependent on some utilities providing accurate information to the tax assessment office but he did not think the City could independently do it correctly. City Manager Wine agreed and said it was also correct that the City cannot recover funding not received in the first year of tax increment financing. She said this action is correcting it for future years. G. Council Discussion and Consideration: Resolution No. 19-02 Councilor Goodhouse moved for approval of Resolution No. 19-02. Councilor Newton seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION No. 19-02—A RESOLUTION TO ADOPT THE FY 2019 SECOND QUARTER BUDGET SUPPLEMENTAL INCLUDING BUDGET ADJUSTMENTS TO PUBLIC WORKS,POLICY AND ADMINISTRATION, AND COMMUNITY SERVICES TIGARD CITY COUNCIL MEETING MINUTES -January 29, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 9 of 10 Yes No Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Mayor Snider conducted a vote and the motion to approve Resolution No. 19-02 passed unanimously. 7. NON-AGENDA ITEMS There were none. 8. EXECUTIVE SESSION At 8:12 p.m. Mayor Snider made the following announcement: The Tigard City Council will enter into an Executive Session to discuss labor negotiations under ORS 192.660(2) (d).All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. He said the City Council will adjourn from Red Rock Creek Conference Room after the Executive Session. 9. ADJOURNMENT At 8:39 p.m. Councilor Goodhouse motioned for adjournment. Councilor Newton seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Carol A. Krager,City Reco der Attest: Jas . Snider,Mayor Date TIGARD CITY COUNCIL MEETING MINUTES —January 29, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 10 of 10