City Council Minutes - 06/24/2008 Agenda Item No. -3 , J ID,
City of Tigard Council Meeting of � •�(o �n�
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Tigard Business Meeting --Nimutes
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD(LCRB)
MEETING DATE: June 24, 2008
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
• STUDY SESSION
S- Administrative items were reviewed:
o Council received a revised Agenda Item Summary and Resolution for Consent Agenda Item 3.9-
Reappointment of Brian Kelly,Appointment of Jennifer Vasicek from Alternate to Board Member and
Appointment of Linda Monahan as Alternate to the Tigard Library Board
o Council received a June 24,2008,memorandum from City Engineer Duenas regarding the Barrows
Road Bridge. This item will be scheduled for City Council discussion at a future City Council meeting.
(City Recorder's note: This item was scheduled for the July 8,2008, City Council meeting.)
• EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:36 p.m. under ORS 192.660
(2) (d) to discuss labor negotiations.
Executive Session concluded at 7:27 p.m
1. BUSINESS MEETING
1.1 Mayor Dirksen called the City Council and Local Contract Review Board meeting to order at 7:34:06
PM
1.2 Roll Call
Name Present Absent
Mayor Dirksen ✓
Councilor Sherwood ✓
Councilor Buehner ✓
Councilor Wilson ✓
Councilor Woodruff ✓
1.3 Pledge of Allegiance
1.4 Council Communications &Liaison Reports: Mayor Dirksen said he would update the City Council on
the Washington County Coordinating Committee at the end of the agenda.
1.5 Call to Council and Staff for Non-Agenda Items: None
TIGARD CITY COUNCIL/LCRB AGENDA-June 24, 2008
Gt-yofTigard 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 www.tigard-or.gov I Page 1 of 7
2. CITIZEN COMMUNICATION
• Tigard Area Chamber of Commerce Representative-Incoming Chamber President Lisa Watt reported
on recent chamber activities including the Annual Board meeting and Executive Board elections. City
Manager Prosser will be the ex officio Chamber board member from the City of Tigard this year. She
noted upcoming Chamber events,including the Tigard Leadership Institute.
• Citizen Commuriication: None
• Follow-up to Previous Citizen Communication: None
7:40:24 PARI
Mayor Dirksen reviewed the Consent Agenda:
3. CONSENT AGENDA--
3.1
GENDA3.1 Local Contract Review Board:
a. Award Contract for Construction of Phase 2 of the Hiteon Creels Riparian Enhancement Project
3.2 Approve Cost of Living Adjustment for Management Group Employees -- Resolution No.08-32
A RESOLUTION TO ADOPT A COST OF LIVING ADJUSTMENT FOR THE
MANAGEMENT/SUPERVISORY/QONFIDENTIAL GROUP EMPLOYEES EFFECTIVE
JULY 1,2008
3.3 Approve Intergovernmental Agreement between Tualatin Valley Water District and the City of Tigard
for Water Improvements within the Tigard Triangle Local Improvement District No. 1
3.4 Approve Amendment to the Operating Services Intergovernmental Agreement between the City of
Tigard and Clean Water Services (CWS)
3.5 Approve Intergovernmental Agreement with Metro Providing Tigard Police Department Support for
the Enforcement of the Metro Illegal Disposal Ordinance Extending the Agreement through Fiscal
Year 2008-09
3.6 Approve Intergovernmental Agreement between Oregon Department of Transportation and the City
of Tigard for a Neighborhood Trail Study
3.7 Approve Budget Amendment# 15 to the Fiscal Year 2007-08 Budget Increasing Appropriations by
$30,000 in the Parks Capital Fund Budget to Reflect the Additional Anticipated Cost Associated with a
Transfer to the General Fund of the Tree Replacement Revenue-Resolution No 08-33
A RESOLUTION APPROVING BUDGET AMENDMENT r# 15 TO THE FY 2007-08 BUDGET
INCREASING APPROPRIATIONS BY$30,000 IN THE PARKS CAPITAL FUND BUDGET
TO REFLECT THE ADDITIONAL ANTICIPATED COST ASSOCIATED WITH A
TRANSFER OUT OF THE GENERAL FUND OF THE TREE REPLACEMENT REVENUE
TIGARD CITY COUNCIL/LCRB AGENDA-June 24, 2008
City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97__3 1 503-639-4171
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3.8 Approve Fourth of July Funding Request and Budget Amendment# 16 Resolution to Transfer Funds-
Resolution No.08- 34
A RESOLUTION APPROVING BUDGET AMENDMENT n 16 TO THE FY 2007-08 BUDGET
INCREASING APPROPRIATIONS IN THE SOCIAL SERVICES/COMMUNITY EVENTS
BUDGET WITHIN THE COMMUNITY SERVICES PROGRAM FOR A ONE-TIME
ADDITIONAL FUNDING OF TIGARD 4r''OF JULY
3.9 Appoint Member to the LibraryBoard— Resolution No.08- 35
A RESOLUTION APPOINTING BRIAN KELLY TO THE TIGARD LIBRARY BOARD FOR A
FOUR-YEAR TERM EFFECTIVE JULY 1,2008 THROUGH JUNE 30,2012;APPOINTING
JENNIFER VASICEK,ALTERNATE,TO COMPLETE THE TERM OF SCOTT LIBERT,
WHICH ENDS JUNE 30,2010 AND APPOINTING LINDA MONAHAN AS ALTERNATE,
EFFECTIVE JULY 1,2008 THROUGHJUNE 30,2010
Motion by Councilor Sherwood,seconded by Councilor Woodruff,to approve the Consent Agenda.
The motion was approved by a unanimous vote of Council present.
Mayor Dirlsen Yes
Councilor Buchner Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
Councilor Sherwood noted the 4"of July event at the Tigard Hcgh School Football field;this event is free to
everyone.
7:44:39 I'M
3. PUBLIC HEARING- LOCAL CONTRACT REVIEW BOARD- GRANT EXEMPTION UNDER
TIGARD PUBLIC CONTRACTING RULE 10.110 AND APPROVE AN AGREEMENT WITH VP
CONSULTING,INC FOR THE PURCHASE OF LASERFICHE AND FOR PROFESSIONAL
SERVICES FOR M'LEMENTATION
a. Chair Dirksen opened the public hearing.
b. Declarations or Challenges: None
C. City Recorder Wheatley presented the staff report. Staff requested an exemption under the above-
cited public contracting rule. All appropriate and required competitive bidding/proposal
requirements were followed. Checking references and product investigations took longer than 60
days and this necessitated the request for LCRB approval of the exemption.
d. Public Testimony: None
e. Staff Recommendation: Grant an individual exemption from competitive bidding requirements and
authorize the purchase of Laserfiche software and professional services.
f. Council Discussion
TIGARD CITY COUNCIL/LCRB AGENDA-June 24, 2008
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Board Member Woodruff corrunented that this appeared to be a thorough process and represented
a technicality. He advised he had no problem with voting to approve the exemption.
g. Chair Dirksen closed the public hearing.
h. Council Consideration: Motion to Approve Purchase Agreement
Motion by Board Member Woodruff,seconded by Board Member Sherwood,to grant an exemption
from competitive bidding requirements and authorize the purchase of Laserfiche software and
professional services from VPCI,Inc. and authorize the City Manager to execute the agreement.
The motion was approved by a unanimous vote of the Local Contract Review Board present:
Chair Dirksen Yes
Board Member Buchner Yes
Board Member Sherwood Yes
Board Member Woodruff Yes
7:M43 Ph1
4. INFORMATIONAL PUBLIC HEARING—FORMATION OF SANITARY SEWER REIMBURSEMENT
DISTRICT NO. 41 (SW 9/11-1 AVENUE)
a. Mayor Dirksen opened the public hearing.
b. Declarations or Challenges: None
C. City Engineer Duenas presented the staff report. A copy of the PowerPoint presentation is on file
in the City Recorder's office.
7:55:2-5 PM
d. Public Testimony:
Jack Warren, 9925 SW Inez Street, Tigard, Oregon said he was curious about the boring that would
be done in lieu of opening a trench and what this would do regarding the price of the property. City
Engineer Duenas responded that staff thinks the costs would be similar because tree removal would
not be necessary if boring was done.
Steve Barsotti, 9865 SW Inez Street, Tigard, Oregon asked about the depth and the location of the
main line and where the laterals would be brought out to the property line. City Engineer Duenas
advised all connections could utilize gravity flow; no one will have to pump. The laterals will be
placed to each lot for service. Tentative locations are identified on drawings;however,in practice,
the locations will be marked in the field and the property owner has the option to move the location
wherever they want. Mr. Barsotti described his property and said he was wondering how deep the
line was going to be. Mr. Barsotti and City Engineer Duenas will meet to discuss Mr. Barsotti's
property.
e. City Engineer Duenas recommended approval of the formation of the sewer reimbursement district.
f. Mayor Dirksen commented on the history of the reimbursement districts with the city and the
program the City offers.
8:03:03 P1vl
g. Mayor Dirksen closed the public hearing-
TIGARD CITY COUNCIL/LCRB AGENDA-June 24, 2008
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h. Council Consideration: Resolution No. 08-36
Motion by Councilor Sherwood,seconded by Councilor Buchner,to adopt Resolution No 08-36.
RESOLUTION NO. 08-36 - A RESOLUTION ESTABLISHING SANITARY SEWER
REIMBURSEMENT DISTRICT NO. 41 (SW 97h1 AVENUE)
The motion was approved by a unanimous vote of City Council present:
Kayor Dirksen Yes
Councilor Buchner Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
8:03:32 Phi
6. PUBLIC HEARING ON AMENDING TIGARD MUNICIPAL CODE BY REPEALING CHAPTER 1.20
(MEASURE 37 CLAIM PROCESS) AND ADDING 1.21 (MEASURE 49 CLAIM PROCESS) AND
CHAPTER 1.22 (VESTED RIGHTS DETERMINATION PROCESS FOR PREVIOUSLY FILED
MEASURE 37 CLAIMS)
a. Mayor Dirksen opened the public hearing.
b. Declarations or Challenges: None
c Associate Planner Eng presented the staff report regarding the proposed amendment to the Tigard
Municipal Code,which would update the Code to reflect the mandate of voter-approved Measure
49 at the November 6, 2007 election. A copy of the staff report is on file in the City Recorder's
office.
d. Public Testimony: None
e. Associate Planner Eng recommended adoption of the proposed ordinance.
f. Council Discussion
In response to a question from Councilor Woodruff, City Attorney Ramis confirmed that all Oregon
jurisdictions would need to adopt similar ordinances.
8:09:19 PM
g. Mayor Dirksen closed the public hearing.
h. Council Consideration: Ordinance No. 08-09
Motion by Councilor Sherwood,seconded by Councilor Buchner,to adopt Ordinance No. 08-09.
ORDINANCE NO. 08-09 - AN ORDINANCE TO REPEAL TIGARD MUNICIPAL CODE
CHAPTER 1.20 IMPLEMENTING MEASURE 37,AND TO AMEND TIGARD MUNICIPAL
CODE ADDING CHAPTER 1.21 FOR PROCESSING CLAIMS FOR COMPENSATION
PURSUANT TO ORS 195.300 - 195.336 AND CHAPTER 1.22 FOR PROCESSING
REQUESTS FOR VESTED RIGHTS DETERMINATIONS FOR PREVIOUSLY FILED
MEASURE 37 CLAIMS
TIGARD CITY COUNCIL/LCRB AGENDA-June 24, 2008
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The motion was approved by a unanimous vote of City Council present:
Mayor Dirlsen Yes
Councilor Buehner Yes
Councilor Sherwood Yes
Councilor Woodnrff Yes
City Manager Prosser announced that this is the last meeting for Associate Planner Eng who is leaving
the City of Tigard for a new position in Eugene, Oregon. Staff and Council thanked Ms.Eng for her
hard work and wished her good luck in her future endeavors.
7. COUNCIL LIAISON REPORTS
8:11:50 PM
Mayor Dirksen presented an update on recent activity at the Washington County Coordinating Committee.
The County is considering revising the current Traffic Impact Fee (TIF). State has law made the
implementation of a TIF more difficult so it really now requires more of an SDC process. The
Coordinating Committee is made up of representatives from the County and all of the cities and special
districts within the County.
The County is considering effectively doubling the TIF for development in general. This would vary
depending on the type of development;i.e.,residential,commercial,etc. In increasing the TIF,the County
is also considering changing the abilityto provide credit to developers for projects done as part of their
development. This world include incentive projects that would not necessarily be required for their
development,but would make sense. For example,the developer might be asked to do an entire
intersection (beyond what was required) and be given a credit against his SDC fee for doing the larger
project.
The discussion at the last WCCC meeting surrounded the limits on tax credits and at what percentage. The
County will be considering certain aspects of credits under the circumstances and value as it relates to the
types of transportation facilities. The County hopes to implement this within the coming year.
Mayor Dirksen said there is an assumption on the part of the process that this would be an SDC applicable
to arterials and collectors. The idea is that cities might want to consider their own TIF or SDC to apply to
facilities such as neighborhood streets that are impacted by development but not covered by the County
fee. The City of Sherwood has implemented such a fee with good results;the charges are relatively high but
generous credits are offered as incentives to developers to do projects of interest to the City. Mayor
Dirksen said he recommended that as this County process moves forward the City of Tigard consider a
parallel process for a local fee.
Councilor Sherwood noted she had brought a concern to Mayor Dirksen about what she has heard from
representatives from a couple of churches in the City. Nothing had been taken into consideration for
churches or schools. At one time it appeared that some of the churches would be paying close to $1 million
in TIF. She said she hoped the County would consider something for non-profit or exempt organizations
regarding these fees since it would fall back to all of the citizens to pay for this. Councilor-Woodruff said
when this was first discussed there was a lot of criticism about the cost to property owners and affordable
housing was of concern. These costs are not paid bythe developer, but are passed on to the person buys
the structure. Mayor Dirksen said these concerns are well placed and the initial proposal was "sent back"
for review to"balance it out."
TIGARD CITY COUNCIL/LCRB AGENDA-June 24, 2008
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Mayor Dirl�sen said that if the fee is doubled,then it will represent 29% of the actual cost of improvements
to traffic facilities because of the impact of the development. Developers are not asked to provide 100% of
the cost of upgrading facilities to what is needed since it is recognized that this financial impact on
development would be too much of a change from what is now charged. The current fee collected
provides only 15% of the cost of facility improvements.
Councilor Buehner said she recalled the original County goal was to cover to about 35% of the cost of
facility improvements, but because of time and inflation,this had degraded to about 15%. This does not
even get us back to the original proposal. Mayor Dirksen said this was a decision the County made through
the WCCC that doubling the fee was as far as they felt they should go.
Mayor Dirksen thanked the City Council for their input and he will take these comments back to the
WCCC
Councilor Buehner said that she hoped the Tigard City Council would follow through and reconstitute the
Transportation Financing Task Force to look at a local TIF. She pointed out that subject had come up
previously.
9:20:52 AM
Councilor Buehner announced that the cities of Lake Oswego and Tigard have been working on a
proposed agreement for building a water plant. At last week's subcommittee meeting,language was agreed
upon for the final agreement. The agreement should be readytomorrow and posted on the City's website
within the next couple of days for review. The two cities will start going through their hearings process.
City Manager Prosser advised both cities are scheduled to consider the final agreement at meetings in their
respective jurisdictions on August 5,2008. On July 22,the Caty Council will receive another update.
8. NON AGENDA ITEMS: None
9. EXECUTIVE SESSION: None
8:22:43 PM
10. ADJOURNMENT
Motion by Councilor Sherwood,seconded by Councilor Woodruff,to adjourn.
The motion was approved by a unanimous vote of City Council present:
Mayor Dirksen Yes
Councilor Buehner Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
at,4
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Attest: Catherine Wheatley, City Recorder
(4:�52 Z'
Mayo tyV`Tigarcl-
Date: g ` ' of
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TIGARD CITY COUNCIL/LCRB AGENDA--June 24, 2008
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