City Council Minutes - 04/06/2021 ' City. of Turd
City Council Business Meeting Minutes
'. April 6, 2021
1. BUSINESS MEETING
A. At 6:36 p.m. Mayor Snider called the City Council and Local Contract Review Board meeting to
order.
B. City Recorder Krager called the roll.
Present Absent
Councilor Shaw ✓
Mayor Snider ✓
Youth Councilor Calderon ✓
Councilor Goodhouse ✓
Councilor Newton ✓
Council President Lueb ✓
C. Mayor Snider asked everyone to mute their mics and join him in the Pledge of Allegiance.A
flag was projected on the screen.
D. Call to Council and Staff for Non-Agenda Items—None.
2. PUBLIC COMMENT
A. Public Comment—Written: Mayor Snider said an email was received from Mr. Conklin about
two items.The first concern is illegal parking on Bull Mountain Road near Elizabeth Price
Park due to a new through-street, and the other comment was a question about trash on
Highway 99W and whether there was a volunteer group that could help alleviate this eyesore.
Mayor Snider requested Assistant City Manager Nyland have staff follow up with Mr. Conklin
on both items.
B. Public Comment—Phone-In: None.
C. Follow-up to Previous Public Comment—Assistant City Manager Nyland reported on
comments from the March 23 Council meeting about the Colonies apartment complex.
Concerns ranged from maintenance issues to the insensitivity of the apartment name.
Coincidentally, some Washington County representatives were present at the meeting and
heard the comments directly. This property is owned by Washington County so the city team
followed up with Washington County and the housing authority and will continue to follow
these outcomes,including capital improvements and a change to a more culturally sensitive
name.
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3. CONSENT AGENDA:
A. APPROVE CITY COUNCIL MINUTES
• September 22,2020
• October 13, 2020
• October 20, 2020
• October 27, 2020
• November 10,2020
• November 17,2020
• December 1,2020
• December 8,2020
B. LOCAL CONTRACT REVIEW BOARD: CONSIDER AUTHORIZING THE CITY
MANAGER TO SIGN AN AGREEMENT WITH ODOT FOR FUNDING OF NEW
SIDEWALKS ALONG LOCUST STREET
Council President Lueb moved to approve the Consent Agenda as presented. Councilor Newton
seconded the motion. City Recorder Krager conducted a roll call vote and the motion passed
unanimously.
Yes No
Councilor Shaw ✓
Mayor Snider ✓
Councilor Goodhouse ✓
Councilor Newton ✓
Council President Lueb ✓
4. LOCAL CONTRACT REVIEW BOARD: CONSIDER EXEMPTION TO COMPETITIVE
BIDDING AND APPROVAL OF FINDINGS FOR UNIVERSAL PLAZA
Purchasing Manager Moody presented this item. Shiels Obletz Johnsen (SOJ) representatives D.J.
Baxter,Kim Knox and Vanessa Robinson were in attendance. Ms. Moody said the Local Contract
Review Board is being asked to consider an exemption to the traditional low bid process for the
construction of Universal Plaza and allow an alternative procurement method.The desire is to hire
a Construction Manager/General Contractor (CM/GC) before the design is complete to provide
greater value engineering to the project.
D.J.Baxter of Shiels Obletz Johnsen,acting as the owner's representative,described the process
further. Oregon law requires all public improvement projects to be procured by a competitive low
bid process,unless an exemption is granted by the Local Contract Review Board for public
agencies, other than the State. To obtain the exemption,Tigard's LCRB must approve two key
findings submitted by staff: He shared some slides about the process. The two key findings are:
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1. It is unlikely that the exemption will encourage favoritism or substantially diminish
competition for the public improvement;and,
2. The award of the public improvement contract under the exemption will likely result in
cost savings for the City of Tigard.
Mr. Baxter described the key characteristics of the Design-Bid-Build method and the CM/GC
method. A typical sequence of events under the alternative CM/GC method is that the
Construction Manager is hired earlier in the design process allowing for differences in the way the
project is approached. By being involved in the project earlier,the Construction Manager can
consult with the design team as the project is developed.They can also see cost estimates,enabling
the design team and owner to respond in real time based on those estimates,and advise the owner
on revisions during design,when changes are less expensive.This facilitates efficiency,cost savings
and smoother project execution. The CM/GC will go out for bid for subcontractors to conduct
the work.
Findings need to be established by the LCRB to go another route than low bid.The CM/GC
process is less expensive and will not interfere with competition.The Universal Plaza project is a
large public plaza which it is hoped will be a hub of activity in the core of downtown and includes
a state-of-the-art water feature. Mr. Baxter said SOJ's findings are that it will foster competition
because there are numerous contractors who can work on complex projects and an RFP will help
select a highly qualified CM/GC with specialized expertise. It will also minimize public impacts
during construction and enable effective planning for access,noise,debris removal,and
coordination with adjacent properties. Unforeseen issues can be addressed earlier and less
expensively.
Purchasing Manager Moody said the city published a public notice in the Daily Journal of
Commerce that draft findings were available for review. One contractor requested a copy.
A public hearing was held on March 18, 2021 as required under ORS 279C.335 to allow for
comments on the draft findings. No contractors attended the meeting,and the city did not receive
any comments on the findings. Therefore the findings,as attached to this agenda item summary,
are final.The LCRB may choose not to approve the findings and the CM/GC exemption and ask
staff to investigate other procurement methods. This would cause a several month project delay.
Councilor Newton moved for approval of an exemption to competitive bidding and approval of
the findings as presented. Council President Lueb seconded the motion. City Recorder Krager
conducted a roll call vote and the motion passed unanimously.
Yes No
Councilor Shaw ✓
Mayor Snider ✓
Councilor Goodhouse ✓
Councilor Newton ✓
Council President Lueb ✓
5. RECEIVE ALONGSIDE SENIOR HOUSING PROECT PLAN UPDATE
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Redevelopment Project Manager Farrelly presented the staff report and slide presentation. Project
Partners josh Carrillo and Destin Ferdun from NW Housing Alternatives were also in attendance.
Redevelopment Project Manager Farrelly said Council was last briefed in November of 2020. He
described several benefits of the project including its proximity to the downtown core, trails,and
the library;opportunities for collaboration with the Senior Center and Meals on Wheels;helping
seniors to age in place and stay in their community;and contributing to Tigard's commitment to
address the affordable housing crisis.
NW Housing Alternatives Project Manager josh Carrillo said they have been working on this
project for a year and a half and have made serious headway in securing millions of dollars in
funding.They are past 50%in the design process and have engaged in a tremendous amount of
community outreach.This project received$1.2 million in Federal Home Funds and they just
received notification that they will receive 18 Project Based Vouchers and 5 vouchers for veterans.
They have solicited a lot of feedback and have incorporated some of this input into the project.
They have received interest from folks looking to apply to make this project their next home.
Residents of the Woodspring Apartments have expressed interest because their complex is moving
to market rate housing in the next few years.This reaffirms that this project is a critical need for
downtown Tigard.
The next stage of design starts to refine details such as programming spaces and selection of
plumbing,lighting and other features to be incorporated into the project.The design phase will
continue into early fall and they are scheduled to close in late February 2022.The project should
be complete and certificate of occupancy applied for by April 2023.
Since NW Housing Alternatives was selected to develop the project in 2019,they have held 20
community events to ensure that they are hearing from and meeting the needs of the local
community. With all of these events the project has been heavily influenced by public input since
its inception. Mr. Carrillo showed a site map and discussed how the building was moved down the
hillside to appear less imposing. They have added screening to provide privacy to the neighbors.
They will be developing a parking management plan.Trails will be enhanced and wheelchair
accessible. The Senior Center will also be spruced up with a focus on landscaping and making the
parking lot more efficient. He showed a slide of the latest elevation drawings and a few current
designs used in downtown redevelopment.
Mayor Snider thanked them for the presentation. He said Council continues to receive feedback
on concerns from one or two individuals who indicate that they are representing others,but it
appears that the project has been made more suitable for the neighborhood and he applauded and
appreciated that. He asked about any unresolved issues,noting that parking may be one.
Mr. Carrillo responded that parking has been a constant issue,and although there will be a parking
management plan,he did not think there would be enough parking provided for some of those
objecting to be appeased. He said there are 48 parking spots which includes Senior Center
parking. Their use times are offset from each other.The Senior Center gets a lot of business from
10 a.m. to 2 p.m. and typically people who work would be away during that time. Their experience
is parking planned at.5-1 for each unit has been adequate. He suggested they will serve people 62
and older and they are less likely to drive.There will not be dedicated parking spaces but instead,
dedicated areas and hourly markings. The unit count is 57 plus one manager apartment.
Councilor Newton noted some environmental issues were raised and she assumed that when
NHA submits their application for development review, part of it will include responses to any
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questions raised by the community. They will be able to see these during the application period.
Mr. Carrillo agreed but said there were no issues at this time.
Councilor Shaw said that transportation is the second highest cost for families and individuals and
hopefully,not many of these senior residents will have as a financial burden.
Mayor Snider suggested that the efforts to reach out and engage with the community continue.
He acknowledged their efforts but said there are some issues that arise repeatedly.
6. DISCUSS AND FILL A PUBLIC SAFETY ADVISORY BOARD VACANCY
As staff liaison to the Public Safety Advisory Board,Management Analyst Ramos gave the staff
report. A PSAB member has resigned, creating a vacancy for a community representative voting
position. Council is being asked to discuss and fill the vacancy. He mentioned that this is a good
time for someone to join the PSAB as they have completed their formative discussions and are
getting ready for policy conversations and recommendations.
Of PSAB's current alternates,one is a non-resident and the other has volunteered to take a leave
of absence pending the District Attorney's investigation into the officer-involved shooting.
The city team went back to the original pool of candidates selected by the community caucus.
They contacted all seven of the top 16 who were not appointed,to verify interest and residency.
One of the three people expressing interest and availability to fill the vacancy,Justus Rogers,is a
non-resident. Shaun Stuhldryer and Nick Jarmer are Tigard residents.
Council has three alternatives to consider:
1. Of PSAB's current alternates,one is a non-resident and the other has volunteers to
take a leave of absence pending the District Attorney's investigation into the officer-
involved shooting. Council could move either of these individuals to voting status,
depending on how they want to address the residency requirement.
2. Appoint a new voting member from the list of candidates: Shaun Stuhldryer,Nick
Jarmer and Justus Rogers (All mentioned at the October 27,2020 meeting).Justus
Rogers is a non-resident.
3. Offer other guidance on filling the PSAB vacancy and consider it at a later Council
meeting.
Mayor Snider suggested there cannot be a voting member who is a non-resident. If eliminating the
non-resident, the choice is between the other two.
Councilor Shaw agreed that the alternate should be a resident and she nominated Shaun
Stuhldryer. Council President Lueb said both would bring interesting backgrounds to the table
but also supported Shaun Stuhldryer. Councilor Goodhouse said both looked good to him and
noted that Nick Jarmer came in higher than Shaun Stuhldryer on the public poll. Councilor
Newton appreciated Mr. Stuhldryer's openness about his lived experiences and she supported
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appointing him. Youth Councilor Calderon reviewed his original notes and said it was close,but
he agreed with appointing Shaun Stuhldryer. Mayor Snider said there was clear consensus.
Council President Lueb moved to appoint Shaun Stuhldryer to the Public Safety Advisory Board
in a voting position. Councilor Shaw seconded the motion. City Recorder Krager conducted a
roll call vote. The motion passed unanimously.
Yes No
Councilor Shaw ✓
Mayor Snider ✓
Councilor Goodhouse ✓
Councilor Newton ✓
Council President Lueb ✓
Mayor Snider asked Management Analyst Ramos to extend congratulations to Mr. Stuhldryer and
make sure he receives his City of Tigard pin.
7. DISCUSSION REGARDING COUNCIL LIAISON ASSIGNMENTS
City Manager Rymer introduced this agenda item and asked Council to consider whether to
change liaison assignments or leave them as is for this year and discuss again in January. Staff
needs to know if one- or two-year assignments are preferred. There is also information on an
Arts Council,and he asked about interest in having a Council representative and discuss the best
way to assign that.
Mayor Snider acknowledged for new Councilor Shaw that the process is being done differently as
it is usually discussed in January for a two-year period. He noted that Council has ended up in
some uncomfortable situations and needs to be more specific as to what things are decisions
Council can make and what are not. He asked, "If we have not been asked to participate, do we
just declare we want to be on it?That is not our role."He added that there are two major areas of
involvement:water and transportation. There is some benefit for those who are involved to work
in multiple ways with these groups. He noted he was always on the Lake Oswego Tigard Water
Partnership as a councilor,but others attended the Willamette Water Consortium, for example.
It may not be possible for one councilor to cover all the boards and commissions for these two
areas.As assignments are made,it makes sense to think about these two topics. He added that if
the current liaison really wants to stay on the committee,we usually give preference to them.
• Councilor Newton concurred with the two-year period noting that changing every year
would be difficult.
• Councilor Shaw's perspective as a new councilor was that annual periods would be better
so council members could experience several different boards and committees. She
suggested since it is already April, assignments continue through 2021 and then discuss
new positions for 2022.
• Councilor Goodhouse agreed about the timing since it is April. He suggested a hybrid
whereby members continue their current assignments and then have an in-person
discussion in January about whether to go with one- or two-year periods.
• Councilor Newton said the proposal is fine. She would like to change the TYAC liaison to
the Tigard Youth Councilor as she felt there was no reason to have both councilors there.
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Mayor Snider said while it is redundant to have both there,the youth councilor position
changes each year,and the skill levels may vary. He suggested at a minimum, that another
councilor be prepared to step in if a youth councilor is unable to represent the council.
• Youth Councilor Calderon agreed that it is redundant,but a backup is good in case they
cannot attend a TYAC meeting. He thought it was great to have the Youth Councilor be
the TYAC liaison.
• Council President Lueb agreed with having the Youth Councilor be the liaison to the
TYAC and have an alternate who is ready to step in as needed. She recommended two
years was important to develop relationships and get up to speed, and it should be
regularly scheduled for discussion in January.
• Councilor Shaw stated her preference would be for terms of one year,but she understood
the rationale. She noted that she would like to participate on the transportation
committee. She proposed to go with current assignments until 2022 and then discuss in
January and decide whether to go to a one- or two-year terms.
Mayor Snider summarized that current assignments will be kept with minor adjustments but there will
be a discussion in January.
Recommendations about the list of committees:
• Mayor Snider asked about the special event subcommittee and whether it would happen
this year. It was not held last year due to events being cancelled due to COVID-19. City
Manager Rymer said he will check with Finance Director LaFrance about whether social
events will be held this year.
• SW Corridor Steering Committee—Remove, as it has been disbanded.
• Tigard Chamber Government Affairs and Public Policy—Mayor Snider said they invite
someone;we don't appoint them.And the Art Council is the same way. Mayor Snider
said the Chamber was very clear that they are the ones who do the inviting.
He noted Councilor Anderson attended the GAP because he was already on it.
• Westside Economic Alliance Governance Relations Committee—everyone could attend
if they chose. It should be removed.
• Keep the bond and levy task force but remove the description.
• Youth Councilor Calderon will replace Councilor Newton on the Tigard Youth Advisory
Committee. Councilor Newton will be the alternate.
8. CONSIDER RESOLUTION EXTENDING THE CITY'S ALLOWANCE OF
FURNISHINGS ON SIDEWALKS
City Attorney Rihala gave the staff report. This is a renewal of a resolution passed last May. The
encroachment code requires a permit for any furnishings on sidewalks or other public rights of
way.As part of COVID help for businesses, Council decided in May 2020 to allow a temporary
free encroachment permit allowing restaurant seating on city sidewalks.This expired at the end of
the year but the city has received a current application.Approval of a permit still requires that the
applicant to meet safety and ADA requirements.The permits will expire six months after the end
of the City's declared emergency.
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Councilor Shaw moved for approval of Resolution No. 21-11. Council President Lueb seconded
the motion. City Recorder Krager read the number and title of the resolution and conducted a roll
call vote and the motion passed unanimously.
Resolution No. 21-11 —A RESOLUTION EXTENDING TEMPORARY
ENCROACHMENT PERMITS FOR FURNISHINGS
Yes No
Councilor Shaw ✓
Mayor Snider ✓
Councilor Goodhouse ✓
Councilor Newton ✓
Council President Lueb ✓
9. NON-AGENDA ITEMS—None.
10. ADMINISTRATIVE REPORT—City Manager Rymer reported on administrative items.
Assistant City Manager Nyland will work on a revised liaison matrix and share with the Council in
preparation for a conversation in January 2022. Congratulations to Finance and Information
Services for receiving the GFOA (Government Finance Officers Association) award for the 34th
straight year. He recognized teammate Nicole Hendrix for taking the lead in many different things,
showing great leadership and embodying what we are all about as a team.The Library is targeting
Monday,April 26 as the date to begin limited in-person services. Safety protocols will be in place
and more information will follow on revised hours.Assistant City Manager Nyland is looking at
our outreach to make sure it is engaging and not exhausting.We are examining the many surveys
we do and considering different approaches to receiving input, so community members do not get
"survey fatigue."Tigard Municipal Court continues to be busy. Court Supervisor Bantz is hiring
two additional teammates to fill vacancies,including one for a bilingual court clerk so Tigard will
then have two bilingual court employees.Applicants are being solicited to fill Youth Councilor
Calderon's position on the Council for the next school year.
11. EXECUTIVE SESSION: None Scheduled.
12. ADJOURNMENT
At 8:01 p.m. Councilor Shaw moved for adjournment. Councilor Goodhouse seconded the
motion and City Recorder Krager conducted a roll call vote. The motion passed unanimously.
Yes No
Councilor Shaw ✓
Mayor Snider ✓
Councilor Goodhouse ✓
Councilor Newton ✓
Council President Lueb ✓
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Carol A. Krager, City Recorder
Attest:
Jason B. Snider,Mayor
Date: l- !9 ,I"
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