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City Council Minutes - 10/08/2019 �� City of Tigard Tigard City Council Meeting Minutes October 8, 2019 STUDY SESSION Council Present: Mayor Snider, Councilor Anderson, Council President Goodhouse, Councilor Lueb, Councilor Newton,Youth Councilor Turley Staff Present: City Manager Wine,Assistant City Manager Nyland, City Attorney Rihala,Public Works Director Rager,Public Works Executive Manager Goodrich, Finance and Information Services Director LaFrance, Community Development Director Asher and City Recorder Krager A. DISCUSSION ON SOLID WASTE MANAGEMENT FRANCHISE Utility Manager Goodrich said staff was present to update Council on a rate comparison with nearby cities and continue the discussion on drop boxes and service complaints. He said the City does not handle complaints when received; they are routed to the haulers. Most have to do with missed service, either they forgot to put out their trash or the hauler missed it. Councilor Lueb referred to the Table in the October 3, 2019 memo to Council from Executive Manager Goodrich and asked why Sherwood's Pride Disposal rates were less than Tigard's. Mr. Goodrich said Pride is located in Sherwood so mileage may be the difference. He noted that with drop boxes there is a demurrage fee which is charged for the length of time the drop box is left at the address,whether daily,weekly or monthly. Some other jurisdictions have higher daily charges than Pride charges for drop boxes. Mayor Snider commented on what seemed to him to be a long renewal lead time. Mr. Goodrich said Tigard's Municipal Code originally had a ten-year franchise period, but it was changed to seven. He said any change would have to be made to the code. He said a six-year period allows a hauler to prepare for changes such as purchasing new equipment (business recycling compactors, for example). Mayor Snider asked if this franchise period was typical throughout the country and Mr. Goodrich said he did not know. Councilor Lueb noted that one council may be responding to a major issue with the hauler but by the time the franchise is being considered, there could be an entirely new council in place. Councilor Lueb said citizens have talked to her about the announcement Pride mailed to customers blaming the City for the fee increases; the City blamed Pride, and residents got frustrated. She said it did not feel like a partnership. Mr. Goodrich said the City could have a better communication plan. He said there is information on the website, but people need to know to go there for information. TIGARD CITY COUNCIL MEETING MINUTES — October 8, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 8 Councilor Anderson asked if the drop box service is used frequently. Finance and Information Services Director LaFrance said the 2018 figures show out of$13.25 million revenue of the two haulers combined, almost$4 million was franchise income for drop boxes, at 6.6% profit. Mike from Pride Disposal said seven years depreciation is based on a report that the county adopted, and all jurisdictions accepted. Some equipment is five years but trucks cost$350,000 and are depreciated over seven years. Councilor Newton said since the City does an annual review in March, she wanted to take a closer look at communication and other issues then. Mayor Snider asked if Tigard would have to wait seven years to exclude drop boxes. City Attorney Rihala said the process in the code is either by mutual agreement or through an advisory committee of which the haulers are a member. Mayor Snider said Council needs a better understanding of how they can have an impact. A long- term question is how to fix the issue of totes left on the walking paths. The City has received complaints, the haulers receive complaints and the media has asked about it. Public Works Director Rager said most of the offenders are residential and a reasonable way to address it is to put them out in the street but up against the curb. B. DISCUSSION ON POSSIBLE SOUTHWEST CORRIDOR ALIGNMENT CHANGES Community Development Director Asher said Mayor Snider and the SW Corridor Steering Committee will be voting in five weeks on the light rail alignment, likely the last vote of local significance for the project.TriMet is moving into the engineering phase for the project,which has a $400 million gap. He passed out a copy of four concept scenarios. Two of the scenarios assume the state will provide an additional$200 million and two show the project scope reduced by reducing lanes on Barbur Boulevard. Mayor Snider asked the Council for their input on the proposed scenarios. Councilor Anderson noted the impact the lane reductions will have on ten SW Portland neighborhoods. Council President Goodhouse is against the land reductions and advised keeping TriMet to their MOU to discuss a west of Hall Boulevard station. He is concerned about transit-oriented development on industrial sites. Councilor Newton wants no lane reductions on Barbur. She said public transportation needs to be better for the entire area and is concerned about how the Minimal Operating Segment (MOS) decision will be made. Councilor Lueb said that skinnying Barbur is not a good idea and fundamentally changes the infrastructure of the area. She did not want the area around Barbur and Tigard to become a place no one wants to live because it is too hard for people to get to work. The detrimental impacts to nearby areas must be considered. TIGARD CITY COUNCIL MEETING MINUTES — October 8, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 8 Mayor Snider noted that he was told the number of riders that drop off if the line does not go all the way to Bridgeport was 4,400 out of 43,000 riders. He said he was shocked at the small ridership impact overall because the rhetoric was that it had to go all the way to Bridgeport, or it could not be built. Mayor Snider said he heard that the project may not happen if it does not go to Bridgeport. He summarized Council input.They do not support Barbur Boulevard lane reductions. They prefer building the right project and if there is enough money to build to Bridgeport without Barbur lane reductions, an east of Hall Boulevard station is OK. Mayor Snider does not support the MOS with an east of Hall Boulevard station. Councilors Newton,Lueb and Anderson said they prefer a station west of Hall Boulevard but are not adamant about it. Administrative Items: 1.The National League of Cities Conference is coming up in November. City Manager Wine asked Council to let Confidential Executive Assistant Bengtson know if they are interested in attending. 2. City Attorney Rihala said a proceeding has been filed by Verizon to the FCC about whether the $270 fee for small cells is reasonable. City comments are needed that the $270 does not represent the actual cost to cities for full implementation. Council agreed that the City should comment. 1. BUSINESS MEETING IR IR A. At 7:35 p.m. Mayor Snider called the Tigard City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Youth Councilor Turley x Council President Goodhouse x Councilor Newton x Councilor Lueb x Councilor Anderson x Mayor Snider x C. Mayor Snider 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—There was none. B. Tigard Area Chamber of Commerce—Community and Member Engagement Manager Jessica Love gave an update on Chamber activities. This year's Leadership Tigard class started today with 23 participants working on a simulated society exercise. Bowl-o-Rama will TIGARD CITY COUNCIL MEETING MINUTES — October 8, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 8 be on February 29. She invited the Council to form a team. The Tigard Downtown Alliance will host Main Street Trick or Treat on Halloween and the Holiday Tree Lighting is scheduled for December 6. She noted that seven members joined the Chamber in September. In response to a question from Councilor Lueb,Ms. Love said the Tigard Farmers Market did well this year,but weather was a challenge. C. Citizen Communication—No one signed up to speak. 3. CONSENT AGENDA (Tigard City Council&Local Contract Review Board) A. RECEIVE AND FILE 1. Council Calendar 2. Tentative Agenda B. CONSIDER AGREEMENT WITH NORTHWEST HOUSING ALTERNATIVES C. LOCAL CONTRACT REVIEW BOARD: CONSIDER CONTRACT FOR ON-CALL INFORMATION TECHNOLOGY SUPPORT AND OTHER RELATED SERVICES Councilor Lueb asked for a separate discussion on Item C. Council President Goodhouse moved for approval of the Consent Agenda with Item B and C removed for separate discussion. Councilor Lueb seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Council President Goodhouse x Councilor Newton x Councilor Lueb x Councilor Anderson x Mayor Snider x Redevelopment Project Manager Farrelly said Consent Agenda Item B is an exclusive negotiating agreement with Northwest Housing Alternatives. Council is being asked to authorize the City Manager to sign the agreement which lays out the framework for upcoming negotiations for development of affordable senior housing on city-owned property. Council President Goodhouse moved for approval of the agreement with Northwest Housing Alternatives. Councilor Newton seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — October 8, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 8 Yes No Council President Goodhouse x Councilor Newton x Councilor Lueb x Councilor Anderson x Mayor Snider x LCRB Consent Agenda Item C - IT Manager Nolop and Purchasing Specialist Greenberg were present to discuss this item. The motion before Council is to approve contracts to vendors responding to an RFP for on-call Information Technology and GIS services in various categories across the network. Staff identified efficiencies in doing a large block of contracts instead of seeking quotes and contracting for each one at a time as needs arise. Councilor Lueb noted that none of the contracts would be over $100,000 and asked for an estimate of the total. IT Manager Nolop said it will vary year by year and is pre-budgeted, mostly in the IT budget but some will come from individual departments. There is $142,575 in the IT budget and $95,000 earmarked for on-call services such as security audits. As the city grows, contracts that had been in the $5,000 range were now$15-30,000. He noted that a lot of the work is unanticipated. Councilor Lueb moved to approve the LCRB Contract for on-call IT Services and Council President Goodhouse seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Council President Goodhouse x Councilor Newton x Councilor Lueb x Councilor Anderson x Mayor Snider x 4. CONSIDER RESOLUTION ACCEPTING A STREET PLUG TRANSFER FROM WASHINGTON COUNTY Assistant City Engineer Murchison gave the staff report. Washington County currently owns a small property recorded in the late seventies. There is a development underway and this street plug needs to become a dedicated right of way. Washington County approved the transfer to the City of Tigard and this resolution accepts the transfer. Councilor Newton asked about the location and Engineer Murchison said it is on 114` and North Dakota near the Brightwood Subdivision. Councilor Anderson moved to approve Resolution No. 19-37 and Councilor Lueb seconded the motion. City Recorder Krager read the number and tide of the resolution and Mayor Snider conducted a vote. The motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — October 8, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 8 Resolution No. 19-37—A RESOLUTION ACCEPTING THE TRANSFER OF "TRACT A" OF "WINTERS ADDITION" FROM WASHINGTON COUNTY Yes No Council President Goodhouse x Councilor Newton x Councilor Lueb x Councilor Anderson x Mayor Snider x 5. EXECUTIVE SESSION: At 7:48 p.m. Mayor Snider announced that the Tigard City Council was entering into an Executive Session to discuss exempt public records under ORS 192.660(2)(fl. He said Council will return to Town Hall at the end of the Executive Session and reconvene in regular session. At 8:21 p.m. the Tigard City Council reconvened in Town Hall. 6. DISCUSSION REGARDING TIGARD'S STREET MAINTENANCE FEE IR Finance and Information Services Director LaFrance led the discussion. Staff recently reviewed the street maintenance fee administration and process and came up with a few recommendations. He gave the history of this funding source for the annual street maintenance program. The program has slowly increased the pavement condition index over the years. The way the fee is calculated is set in the code. The residential program is divided by number of residential households. For Commercial the number of required parking spaces is used in the calculation. Because changes have been made to the parking requirements in different areas, this is difficult to administer. Staff recommends using another way to come up with a different, standardized method using the ITE Manual, called trip generation. Staff is asking Council whether they wish to move to this method, which is used by nearby jurisdictions. Finance and Information Services Director LaFrance noted that in 2016 Council asked for the cap on parking spaces be removed for the 29 large business in Tigard that have more than 250 parking spaces.The idea was to use additional spaces to raise revenue. The cap was not removed at the time and the City of Tigard did not collect$140,000 of revenue per year. Council President Goodhouse asked how to amend the problem that the City was not paid. City Attorney Rihala suggested Council take no action and accept that this is foregone revenue. No billing was placed on the businesses. She said there is a policy decision on statute of limitations on taxes so she will investigate it. Councilor Newton asked how often the SMF is paid. Toby LaFrance said it is paid monthly and to move to the trip generation method would take one year. TIGARD CITY COUNCIL MEETING MINUTES — October 8, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 8 Mayor Snider asked council for their direction on future methodology. Councilor Anderson said trip generation is the future and recommended that staff move to it. He noted that most municipalities are already using this method. Councilors Lueb, Councilor Newton, Council President Goodhouse and Mayor Snider agreed. Mayor Snider asked Council what should be done in the interim and what should be done about the cap going backwards. Councilor Anderson said he did not think it advisable to go back and retroactively charge the businesses. He suggested explaining to them what they would have paid and communicate about the upcoming methodology. City Manager Wine said staff is not recommending that the City go back and charge the businesses to the 2016 level.The rationale for that decision is the impact on businesses. Councilor Lueb said it is unfortunate, and staff is probably frustrated with themselves. She said if it was a matter of back billing for a month or two it would be different than going back years and so the answer is that we do not go back and charge them. It is not their fault;it was our responsibility and we did not do it. Councilor Newton agreed that it was not a good idea to go back and charge the 29 businesses. She noted she was back charged by PGE once because they did not have their equal pay software running correctly. Council President Goodhouse asked what the legality was to go back. He wanted to implement the cap removal immediately or in 2020. Mayor Snider noted that this had already been passed by Council in 2016 so there was probably no reason to wait. Councilor Anderson supported a November start. Councilor Lueb asked if was the same 29 business originally affected by the cap, how much it would be, and how much of a shock it would be for those businesses. She said she was also OK with doing this in January Councilor Newton suggested sending a letter to the 29 businesses with their next utility bill, explaining what happened and giving them a heads up about the cap removal. Mayor Snider summarized that in the interim the method remains parking spaces. A letter will be sent to the 29 larger businesses. We will not be back billing and will start billing without the 250 cap in November. Councilor Lueb said to let them know that they were not billed for the extra previously although they could have, since 2016. Councilor Anderson advised letting people know in plenty of time that there is another change coming. 7. NON-AGENDA ITEMS None. 8. ADJOURNMENT At 8:47 p.m. Council President Goodhouse motioned for adjournment. Councilor Lueb seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — October 8, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 8 Yes No Council President Goodhouse x Councilor Newton x Councilor Lueb x Councilor Anderson x Mayor Snider x Carol A. Krager, City Recorde At Jason . Snider,Mayor �6 Date TIGARD CITY COUNCIL MEETING MINUTES — October 8, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 8