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City Council Minutes - 01/10/2017 Cites Tigard Tigard City Council Meeting Minutes January 10, 2017 STUDY SESSION Council Present: Mayor Cook, Council President Snider, Councilor Woodard, Councilor Anderson and Councilor Goodhouse Staff Present: City Manager Wine,Assistant City Manager Newton, Human Resources Director Bennett, Risk Manager Curran, Attorney Backus, and City Recorder Krager A. EXECUTIVE SESSION At 6:30 p.m. Mayor Cook announced that the Tigard City Council would enter into an Executive Session called under ORS 192.660(2)(f to discuss exempt public records. The Executive Session ended at 7:09 p.m. B. COUNCIL LIAISON REPORTS Mayor Cook reported on a meeting he and Council President Snider attended with the City of Durham and the Tigard Water District and reported a compromise was reached on who owns the assets,who benefits with the sale and how allrate payers can equally pay. All parties agreed that people should pay what is fair.The inequity is that the City of Tigard charges a franchise fee but Tigard Water District cannot.The following proposals were made: o Tigard Water District will own rights to a percentage share of the water supply (assurance). o Any sales proceeds must end up in the Water Fund. o There will be a renamed Intergovernmental Water Board. There is another meeting scheduled for Thursday of this week to develop details which will then be forwarded to the attorneys. Council President Snider said staff is doing homework and Public Works Director Rager is working on outlining a new board. City Manager Wine said she will forward that information to Councilor Woodard. Council President Snider said they did not define system assets because ultimately any proceeds of sales will go to the system. City Manager Wine said there is an agreement with King City and they will have the option to go with a new agreement. Mayor Cook updated council on Washington County Coordinating Committee (WCCC) discussions about the upcoming legislative sessions including a transportation package, the budget deficit and the increased cost of living and health benefit costs. He reported there were two Transportation Commission members at the Area Commission on Transportation (ACT) Region 1 meeting and they are recommending to Oregon legislators a gas tax increase of 16-30 cents per gallon. TIGARD CITY COUNCIL MEETING MINUTES —January 10, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 11 Administrative Items: o City Manager Wine confirmed with council that after board and committee liaison assignments are approved all meetings will be put on their calendars. Councilor Goodhouse noted the rescheduled goal setting meeting was not on his calendar. o A copy of the council's 2018 budget was distributed and staff will be asking for guidance in tonight's business meeting. City Manager Wine is requesting status quo budgets. o A liaison for the Budget Committee Sub-committee on Social Services needed to be assigned. This service requires attendance at one annual meeting usually scheduled for March. Council President Snider said he is ineligible due to a financial relationship with an applicant. Councilor Woodard noted that he served on this last year and expressed willingness to be the liaison again this year. 1. BUSINESS MEETING IR A. At 7:34 p.m. Mayor Cook called the Tigard 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—City Manager Wine said Neal Brown came with a proposal for the city to purchase property on Gaarde Street for a park. His request went to the Park and Recreation Board (DRAB) and will be forwarded to staff to investigate the viability of the park purchase. She said PRAB guidance is that the city has almost exhausted acquisition funding for parks. The request will be evaluated further but at this point there is no available funding identified for a major park acquisition. B. —Associated Student Body President Lauren Brown will give a report at the January 24 council meeting. TIGARD CITY COUNCIL MEETING MINUTES —January 10, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 11 C. Chamber CEO Mollahan will give a report at the January 24 council meeting. D. Citizen Communication—Sign-up Sheet. Neal Brown, 13853 Box Elder Street,Tigard, OR 97223, said he spoke to council on December 13 about a property coming up for sale at 11260 SW Gaarde Street and he is proposing this land for a neighborhood park. He has spoken with the PRAB. He distributed a map which he said best explains how the city is deficient in parks in this neighborhood. He urged the city to purchase this land because it is the best property available in the area and there is a need for a park there. He said both listing agent Peter Dillenburger and the property owner Carl Finley are present. He said Carl Finley has lived in Tigard his entire life. He played football at Tigard High and was in the navy. He distributed to council a copy of an article about Mr. Finley from the King City Regal Courier. Council President Snider asked Mr. Brown if he had ideas for funding another park and Mr. Brown replied that he would like to look for funding and said, "If we really want to do something;we can do it. I believe in this project." Peter Dillenburger, 1500 NE Irving, Suite 110,Portland, OR 97232 and Mr. Finley, 11793 SW Queen Elizabeth Street,King City, OR 97224 spoke. Mr. Dillenburger said Mr. Finley has owned the property for 60 years. He built a house there and basically created a park by putting in a culvert and leaving it as an open space. He created a wetlands and a vegetative corridor so it already comes with trees and a water feature. It is easily visible and would serve many individuals living in nearby apartments. There is potential to benefit a lot of people in a small space. He said there are not that many pieces of land available in that neighborhood,which is devoid of parks. He hoped there was something creative that the City could do to make this happen. Mr. Dillenburger said Mr. Finley has been on the police department and has done many things for the city so it would be nice to purchase this property from him. Councilor Woodard thanked Mr. Finley for his navy service. Mayor Cook commented that the city has a PRAB that allocated the $17 million park bond (leveraged to $24 million) and while able to purchase some, still had to whittle down the list and there are properties left that could not be purchased. He noted that there are people wanting different amenities in the current parks or want a piece of vacant property to be a park in a park deficient area. There is a community group wanting the city to buy the property behind Fred Meyer's for a neighborhood park. He said the council tries to listen to the advisory board's advice on these requests and making a decision without their input defeats the purpose of having advisory boards and committees. Councilor Woodard said there are Parks SDCs but he did not know what is available. The park and recreation bond is depleted and there is just enough for a plaza in the downtown area,but he thought the PRAB could explore funding mechanisms. He invited the speakers to come to the budget hearings and hear what the Parks SDCs are and what might be available. He said he agrees with Mayor Cook that if council does not follow TIGARD CITY COUNCIL MEETING MINUTES —January 10, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 11 recommendations of city boards and committees, and does something on its own it may create a problem and is not the best practice. Mayor Cook acknowledged Mr. Finley for allowing neighbors to use his land as a park currently and thanked him for all he has done for the city. He suggested that another funding source might be Community Development Block Grant funds since he thought the area might be eligible. Councilor Woodard asked Councilor Goodhouse to ask that question of the CDBG committee. City Manager Wine reminded council that discussions on the price need to be held in executive session. 3. CONSENT AGENDA: (Tigard City Council) — A. APPROVE TIGARD CITY COUNCIL BOARD AND COMMITTEE LIAISON ASSIGNMENTS Mayor Cook requested the item be removed from the Consent Agenda to be discussed separately. He mentioned that in the Study Session held earlier Councilor Woodard volunteered to be on the Social Services Sub-committee. Council President Snider moved for approval of the Tigard City Council board and committee liaison assignments with the amendment of Councilor Woodard serving as liaison to the Social Services Sub-committee of the Budget Committee. Councilor Goodhouse seconded the motion and Mayor Cook conducted a vote. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced that the motion passed unanimously. 4. INFORMATIONAL PUBLIC HEARING—CONSIDER APPROVAL OF RESOLUTION FOR THE FY 2017 SECOND QUARTER BUDGET SUPPLEMENTAL 10 A. Mayor Cook opened the public hearing. B. Mayor Cook announced that this is an informational public hearing and anyone who signed up to speak may testify. C. Staff Report- Finance and Information Services Director LaFrance and Senior Management Analyst Barrett gave the staff report. Mr. LaFrance said this is the second quarter budget supplemental and in the agenda packet is a description of each item before council for consideration. There is no change to the fund balance. TIGARD CITY COUNCIL MEETING MINUTES —January 10, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 11 Senior Management Analyst Barrett said the supplemental recognizes increased program expenditures of$340,000 funded through the contingency and increases in resources. These include an increase in the FTE for a Parks and Recreation Administrative Specialist II which is funded from the contingency.There is an increase in credit card and banking fees and an FTE increase for a bilingual librarian. Costs were reduced due to the elimination of a Metro- paid detective position and the timing is favorable because that officer is retiring. There is an increase for a police staffing study to be paid by a transfer from the Forfeiture Fund. Additional grant revenues are recognized in this budget supplemental that will be used to support police overtime for some grant funded projects. D. Council Questions Councilor Goodhouse asked if the credit card fees were being paid for out of current revenue and Finance and Information Services Director LaFrance said that they were. Council President Snider said it was important to explain that the change is due to increased revenue and not that there is a massive increase in people paying with credit cards. Mr. LaFrance said there are many factors and one is that revenues are increasing. As utility rates increase,the amount the city needs to pay for credit card fees will also rise and staff wants to build this into the 2018 budget. He said staff has looked into this more deeply to make sure the city is getting the best deal on their credit card fees. Staff feels that this trend will continue as the amount people pay with credit cards increases. Council President Snider asked what percentage of the increase is being driven by increased revenue collection verses just more people paying with a credit card. Finance and Information Services Director LaFrance said he did not know but he could say while the number of credit card transactions has not substantially changed, the amount per transaction has increased. The platform a customer uses to pay their bill makes a difference;paying a utility bill over the phone with a card is the most expensive method of payment. Mayor Cook said he would like a discussion as council goes into the budget process on who should be allowed to use credit cards. He said he was not in favor of stopping homeowners from using credit cards but allowing them to be used to purchase water meters,building permits and pay SDCs or other big ticket items impacts the city. Council President Snider agreed that the impact on businesses if they cannot use credit cards may be worth a white paper discussion at budget time. If there are only a few, the rules would not need to be changed. He asked if large entities are charging water and sewer to credit cards. Finance and Information Services Director LaFrance said staff is addressing this subject and could set a threshold outside of residential utility billing to see the level that exceed that threshold. E. Public Testimony—No one signed up to speak. F. Mayor Cook closed the public hearing. G. Council Consideration of Resolution No. 17-02 TIGARD CITY COUNCIL MEETING MINUTES —January 10, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 5 of 11 Councilor Anderson moved to approve Resolution No. 17-02. Councilor Woodard seconded the motion. Resolution No. 17-02— A RESOLUTION TO ADOPT THE FY 2017 SECOND QUARTER BUDGET SUPPLEMENTAL INCLUDING ADJUSTMENTS TO PUBLIC WORKS, POLICY AND ADMINISTRATION,AND COMMUNITY SERVICES Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced that Resolution No. 17-02 passed unanimously. 5. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENT TO TIGARD MUNICIPAL CODE 15.06.020 PERMITTING FRANCHISE AGREEMENTS WITH SPECIAL DISTRICTS AND COUNTY SERVICE DISTRICTS A. Mayor Cook opened the public hearing. B. Mayor Cook announced that this is a legislative public hearing and anyone signed up to speak may testify. C. Finance and Information Services Director LaFrance gave the staff report. He said this code amendment is related to the right of way franchise ordinance. Most utilities run through the city's streets and the burden is on Tigard in terms of repairs and inconvenience to citizens and businesses. This ordinance puts rules around how it can be done and authorizes fees. Fees go into general fund and are a source of revenue for the city. However, special districts were not charged. In addition, the Tigard Municipal Code does not allow the city to charge special districts or county service districts.The courts have ruled that cities can charge a franchise fee to Clean Water Services. Mr. LaFrance said this does not change the purpose of the ordinance but clarifies the definition of person, telecommunications and adds an update on relocation and development to allow utilities to be installed at the developer's cost. Staff has worked with the city's franchise attorneys and they had additional suggestions for the ordinance. Mr. LaFrance said staff has been contacted by partner agencies and they would like additional time to consider these changes. He requested a continuation of the public hearing. TIGARD CITY COUNCIL MEETING MINUTES —January 10, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 11 D. Council Questions Councilor Woodard asked if Tualatin Valley Water District currently pays Beaverton and Hillsboro a fee and Mr. LaFrance replied that they do. Councilor Woodard asked if Clean Water Services pays a fee and Mr. LaFrance said the currently do not. All seven cities in Washington County have held an ongoing discussion with them and are close to a resolution that will keep the relationship with CWS professional and friendly. After the inter- governmental agreement is amended all seven cities will have the option to charge CWS a franchise fee. CWS has requested additional time to review the proposal. E. After discussion,Mayor Cook said the public hearing will be continued until February 28, 2017. 6. FINALIZE THE 2017 FEDERAL AND STATE LEGISLATIVE AGENDA 12 Senior Management Analyst Wyatt gave the staff report and said he would like to finalize the federal and state legislative agendas prior to printing them. He recapped what the city's lobbyist Joel Rubin suggested on the federal level and also one item just heard about on the state level. Federal suggestions: SW Corridor Light Rail Project Potential infrastructure package (requested project suggestions) Tigard Street bridge replacement, ODOT facility,Fanno Creek Trail final link,improvements to Greenburg and Tiedeman Roads. Senior Management Analyst Wyatt asked for council feedback or any items missed. • Councilor Goodhouse asked why the Tigard Street bridge was mentioned but not the North Dakota Street bridge and Mr. Wyatt said funding has been identified for the North Dakota Street bridge. • Mayor Cook asked about a definition for rent stabilization and asked if that meant rent control or rent assistance. Mr. Wyatt will research this. Council President Snider added that this was a League of Oregon Cities (LOC) objective and he wants to be supportive of things helpful to people having a tough time getting by but he remains unconvinced that rent control works and he was not sure the city should interfere with the marketplace. • Councilor Woodard asked about the words "economic discipline" and said the average citizen would not know what this is.The recommendation is to replace the word economic with monetary. • Mayor Cook asked that the SW Corridor be added to the state agenda as funding will be sought from the state to help fund the corridor. • Councilor Woodard asked about the land use final order and if it is in support of what Metro is doing. City Manager Wine said it is about what final alignment and land use for the SW Corridor. Partner agencies will be advocating for the state to do the land use authority which supersedes local. City Attorney Olsen added that if each jurisdiction has to adopt a land use,each can be appealed,lengthening the process. Metro can consolidate the decisions TIGARD CITY COUNCIL MEETING MINUTES —January 10, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 11 so there is one appeal process. Mayor Cook and Councilor Woodard asked to vet this further. Mayor Cook suggested adding financing and economic development but not the other words until Community Development Director Asher can come back and consult with council on this. • Councilor Goodhouse suggested adding all local representative's and senator's names. 7. DISCUSS THE FY 2018 MAYOR AND CITY COUNCIL BUDGET Finance and Information Services Director La France led the discussion on this agenda item. City departments are preparing their proposed fiscal year 2018 budgets with the city manager instruction to keep the budgets status quo. Council has the option to bring up other changes when the budget goes to Budget Committee. IRMayor Cook asked a question about a difference between the revised and proposed 2016 figures. Mr. LaFrance said the change was done in the salary area and the revised 2016 version had an error that got carried through to the adopted budget. It was not spent so did not impact actual expenditures but that accounts for the dip. He will verify this and report back to council. Councilor Goodhouse suggested looking at the council training budget because sometimes an unplanned conference opportunity pops up during the year. He attended Railvolution last year and this was an addition. He is interested in how other cities budget for council travel. Senior Management Analyst Wyatt said currently each councilor has $7,000 in their training budget. Mayor Cook would like to see comparison with cities with similar populations (such as Albany and Corvallis) and also the figure per councilor. Some cities have a five-person council and some have nine and the budget line item figure does not indicate how it is divided. Some cities have one amount and councilors request funding from their mayor who decides how to allocate the funds. Mr.Wyatt said staff will get information on similar-sized city council travel budgets and their methodologies. Councilor Woodard discussed the history of the mayor stipend and council travel budgets. He said former Mayor Dirksen received an extra$20,000 when he was unemployed but then when he was employed again the stipend went back down to$20,000 and the extra went into the council bucket which enabled more to be spent on training and special duties. He said there is not much room to move on this unless Mayor Cook reduces his stipend. Councilor Goodhouse asked how the two are related and Councilor Woodard said they are separate but related issues and the only way to raise the council travel fund to $12,000,which is where he thought they should be,is to do something about the stipends. Council President Snider said it was important to consider the message council is sending because staff is being asked to prepare level budgets and we are asking for more. Councilor Woodard suggested it might also be a good message if council were to give up something right now. He said the mayor's stipend is a 450 percent increase over council's yet he felt council does equivalent work. Mayor Cook said the stipend was approved not by council;it was a Charter amendment. Council President Snider said he was a member of the citizen task force that brought the idea of a stipend forward to encourage more people to consider running for council and put the mayor in a better TIGARD CITY COUNCIL MEETING MINUTES —January 10, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 11 position to advocate for Tigard. The original proposal was for mayors to be able to spend up to half of their time above normal council activities doing council work and the general thought was that it would cause a decrease in time available for their occupation. Another question was how much to pay and they recommended director-level pay. City Manager Wine said this is memorialized as a resolution. Councilor Woodard said$45,000 should be called a salary,not a stipend and there is a perception that council stipends are not competitive. He said Tigard stipends are different from nearby cities and he wants to equalize the playing field. He added that he wants to look at the both the mayor and council stipend amounts because he felt they are overpaid and are volunteer positions. Council President Snider commented that a few years ago the Budget Committee spent a good deal of time considering the council stipend and there was good rationale and citizen member support for what was done. He added that paying for babysitters these days is very expensive and that is an issue for his participation. He said he did not think there was anything preventing a member of council from taking money from their own stipend and spending it on additional travel. Councilor Woodard said it is not just about travel;it was that no one should be entitled to any more than anyone else doing equal work. There was a jump in the mayor's stipend in between mayors and he did not think that was right. He said he had been on council the longest and is challenging it now to make it right for upcoming councilors. He said he hoped the mayor would do the right thing and reduce his stipend by$20,000 and put it into training and that when other councilors go out on special assignments representing the city,they get$100 like Councilor Buehner did when she represented the mayor. He said that worked well and there were no rifts between members. The policy that was created has caused problems and he wants to see it corrected before he leaves council. Finance and Information Services Director LaFrance said from a process standpoint any changes related to council compensation,whether stipends or training budgets,are brought to the Budget Committee. This is to ensure a check is in place so council is not deciding its own compensation. A few years ago when this was last considered,Assistant City Manager Newton did a lot of legwork to develop the comparable information from other cities. He said other city departments have been told this year to prepare hold the line budgets and address what any additions would be. Staff will need to know what additions council is proposing. Council President Snider asked for clarification from Councilor Woodard on what he felt staff should prepare for the Budget Committee as his focus seemed to be on reducing the mayor's stipend but he also mentioned council getting paid for extra duties. Councilor Woodard said he wants to make the comparisons and reduce the mayor's stipend by$20,000 to be put into council training. He said the Budget Committee members will not want to do something to displease the mayor Councilor Goodhouse said his view on the stipend is that when looking for someone to run for mayor and represent the city it is desirable to attract someone who is a business professional and serving as mayor takes time away from their day to day jobs. They need to supplement what they were making. Running for mayor should not just be available to people who are retired. He said the mayor's stipend amount is fine but he would like to bump up each councilor's travel budget,maybe to $10,000. TIGARD CITY COUNCIL MEETING MINUTES —January 10, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 11 Councilor Woodard responded to Councilor Goodhouse's mention of attracting professionals to the mayor position and said they could be the wrong people to bring in. Mayor Cook asked if there were at least three council members who want staff to study adding an additional amount to the council travel line item and gather comparable information from other cities. Councilor Goodhouse, Council President Snider and Councilor Woodard responded affirmatively. Mayor Cook asked if there were at least three council members who support deducting$20,000 from the mayor stipend. Councilor Woodard was the only member in favor. Councilor President Snider said the mayoral stipend increased to compensate the mayor for giving up his time at work to do city business. He asked Mayor Cook whether he felt that was the case and Mayor Cook replied that he has reduced his work schedule by that amount so he could put that amount of time towards city-related work. He said he has put in that full amount of time. Senior Management Analyst Wyatt will bring back information on travel and training budgets in comparable cities and the methodology used to distribute travel funds among council members. 8. LOCAL CONTRACT REVIEW BOARD—CONSIDERATION OF CITYWIDE ATTORNEY SERVICES CONTRACT Senior Management Analyst Wyatt and Senior Management Analyst Barrett gave the staff report on this item. Mr. Barrett said this had been discussed at a previous council meeting and additional information requested from council was provided. Mayor Cook asked if there were any questions. Council President Snider verified that the terms asked for were received and Mr. Wyatt confirmed that the agreement had been reviewed by outside counsel. Mr. Barrett said there were no significant changes to the contract. Mr. Wyatt said there is a clause in the contract that council can review the contract at any time. Councilor Woodard moved to approve the citywide attorney services contract. Council President Snider seconded the motion. Mayor Cook conducted a vote and all voted in favor of awarding the citywide attorney services contract to Jordan Ramis. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced that the motion passed unanimously. 9. NON AGENDA ITEMS None. TIGARD CITY COUNCIL MEETING MINUTES—January 10, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.t ga d-or.gov I Page 10 of 11 10. EXECUTIVE SESSION None. At 9:20 p.m. Mayor Cook read the citation for the Tigard City Council entering into Executive Session to discuss real property negotiations, labor negotiations and to review and evaluate the employment-related performance of the city manager under ORS 192.660 (2) (e), (d) and (i). He said the Tigard City Council will adjourn from the Red Rock Creek Conference Room at the end of the Executive Session. The Executive Session ended at 10:12 p.m. 11. ADJOURNMENT At 10:12 p.m. Council President Snider moved for adjournment. Councilor Goodhouse seconded the motion and the motion passes unanimously. Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Carol A. Krager,City Recor er Attest: �U' I JohnS. Cook,Mayor Date �y�l ►t.� .� ©�t7 TIGARD CITY COUNCIL MEETING MINUTES —January 10, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 11