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City Council Minutes - 08/16/2016 q of Tigard Tigard Workshop Meeting Agenda August 16, 2016 1. WORKSHOP AND BUSINESS MEETING A. Mayor Cook called the meeting to order at 6:33 p.m. B. Deputy City Recorder Burgoyne called the roll. Present, Absent Councilor Henderson ✓ Council President Snider ✓ (arrived at 6:35 p.m.) Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Mayor Cook asked those in attendance to stand with him for the Pledge of Allegiance. D. Call to Council and Staff for Non Agenda Items: None. BUSINESS MEETING: 2. APPOINT AUDIT COMMITTEE MEMBERS Finance and Information Services Director LaFrance explained what the resolution was for and that it needed to be amended at the end of the resolution to reflect Aaron Fahr and not Drew Bisenius. Motion by Councilor Woodard seconded by Council President Snider to adopt Resolution No. 16-39 as amended. Motion was approved by unanimous vote of council. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES —August 16, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 1 of 10 3. BLUE ZONES BRIEFING: TUALATIN MAYOR LOU OGDEN Tualatin Mayor Lou Ogden gave a presentation and explained the issues surrounding childhood obesity,where Oregon ranked in comparison to other states,how the program started and why and the longevity of Blue Zones. He showed a YouTube video on areas that were currently living within Blue Zones and the benefits. He further explained the two pronged approach,the do-it-yourself kit and cost related to the Blue Zone program. He said he had been in contact with Klamath Falls, local grocery stores, hospitals and other government agencies. He went over Blue Zone community statistics, and suggested Tigard and Tualatin partner together along with grocery stores,chambers and other entities to submit an application. He asked Tigard to support and endorse the program, and would like to submit the application the following week. Mayor Cook asked why Tualatin couldn't do it alone and if sharing a School District factored in. Mayor Ogden replied it did contribute in wanting to partner with Tigard. Councilor Henderson said the program is good. Councilor Woodard said he received a call inquiring about Blue Zones and was unaware that local cities were currently participating in the program. He asked about resources and investments needed to participate, and said he couldn't see any negatives to the program. Councilor Goodhouse said he thinks the program is perfect and likes the idea of getting the community back into eating right and exercising. Mayor Ogden said TVF&R,Providence,Legacy,Fox Steel,Gerber,Chambers,Rotaries,PCC,local churches and many more have already signed on. Councilor Snider said it's great from a strategic perspective and where Tigard needed to be. Council asked Mayor Ogden when the deadline to submit was and Mayor Ogden replied August 26. Motion by Council President Snider seconded by Councilor Goodhouse to adopt Resolution No. 16-40. Motion approved by unanimous vote of council. Resolution No.16-40—A RESOLUTION ENDORSING THE APPLICATION BY THE CITIES OF TIGARD AND TUALATIN TO BE DESIGNATED AS A DEMONSTRATION COMMUNITY BY THE BLUE ZONES PROJECT Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES —August 16, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 2 of 10 WORKSHOP MEETING: 4. DISCUSSION ON PROPOSED CHANGES TO TMC CH. 12—UTILITY SERVICES RULES AND REGULATIONS Utility Billing Supervisor Blecker and Finance and Information Services Director LaFrance presented this item. Ron Blecker went over the proposed changes with council;highlighting changes to utility charge adjustments and payment agreements in regards to errors;limiting the period of error to one year vs. the current two year period from the date error was identified. He explained the city currently has 152 meters that are obstructed,making it difficult or impossible for the meter to be read. He would like the ability to send customers a thirty day notice to remove any obstruction and if the customer has not complied at the end of the thirty days,the city may impose a fee that could be added to their utility bill.He discussed changing the filing of grievances from the Public Works Director to the Utility Billing Supervisor. Utility Billing Supervisor Blecker and Finance and Information Services Director LaFrance explained the benefits of processing utility bills within ten days vs the current 7 days,updating the phone number listed for credit card payments, changes to final notices;extending single-family and metered business shut-off service to six calendar days vs thirty six hours and multi-family and commercial accounts from thirty calendar days to twenty and other adjustments. Mr. Blecker said these changes would reduce the risk of account discrepancies. Mayor Cook asked why go to one year vs the current two years. Staff explained this allowed for better efficiency with adjustments and that a recent error had cost the city money because the error wasn't noticed sooner. Council President Snider asked why the error cost the city money. Utility Billing Supervisor Blecker explained in 2004 staff had made an error in calculating per units in water consumption,that the city had overcharged the account and when corrected the city settled that case. Councilor Snider said he would not characterize that case as the city's money since we had miscalculated units being used. Councilor Snider said nothing in the proposed changes would eliminate future litigation. Mr. Blecker also explained within a year's time the city enters into several payment arrangements with customers who fall behind on their bills and he would like to limit these payment arrangements to two payment arrangements annually per account. Councilor Woodard asked how many shut-offs for non-payment staff currently handles,and if they were resolved. Mr.Blecker said that in the last six months staff had made 78 payment arrangements and 9 of those were shut-offs. Mayor Cook asked if there were code enforcement issues and could the city lien their property taxes or bill them for that. City Manager Wine said yes,but the city had maybe done that once since she's been here. She said staff would explore the code enforcement option and see if it could apply to utility meter reading issues. Mr. Blecker continued to explain the administrative rules were written when they were doing bi- monthly billing and now they were doing monthly billing,so he suggested the billing process change from the current seven day cycle to ten days,update the phone number listed,adding language addressing the Parks and Recreation fee,proposed mailing past due door hanger notices to TIGARD CITY COUNCIL MEETING MINUTES— August 16, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 3 of 10 customers on Thursdays as opposed to staff hanging past due notices on doors,since most of the time they find that customers aren't using the front door to their homes as often;giving customers an extra four days to pay their past due bill,and reducing the past due fee from$30 to$10 since this new process would require less staff time. Councilor Goodhouse asked if staff could also send out emails in addition to mailing past due notices. Ron said they could if they had an email on file,and said staff does make calls if the account is left in past due status. Councilor Woodard asked if there were adjustment considerations and what persuaded staff to be more generous in their final notice days. Ron explained the current billing software doesn't allow staff to run a report to check if accounts are late at the current thirty days;it places those accounts in a perpetual late status,but if they changed this to twenty days for final noticing,staff would be able to run a report and not have to do this by hand each month. Mayor Cook asked if twenty-seven days would work and staff replied yes. Mayor Cook suggested going to twenty-seven days. Councilor Snider asked if they just needed to change the software and have something that does what it should. Councilor Goodhouse agreed the software issue should be fixed. Ron said the city had asked for several accommodations within the software design to fit their needs,and because of this the problem regarding running final notice reports was created. Council President Snider asked what the time frame was for collecting on accounts if the city found they were under billing customers. He stated that while he doesn't love it,he could live with it,but feels the city has an obligation to customers when there are unusual circumstances. Mayor Cook agreed it sometimes takes a year to notice an error. If state code is two years then he's more comfortable keeping it at two years. Councilor Woodard and Snider agreed. Council suggested keeping the current two years in the TMC,but that otherwise the changes looked good. Item would return before the council in two weeks. 5. BRIEFING ON THE COUNCIL GOAL TO PROVIDE RECREATIONAL OPPORTUNITIES FOR TIGARD RESIDENTS Senior Management Analyst Wyatt and Assistant City Manager Newton explained staff had identified Tualatin Hills Park and Recreation District(THPRD),Tigard-Tualatin Aquatics District (TTAD),Tigard-Tualatin School District(ITSD) and the City of Sherwood as potential partners and had begun interviewing each. Mr.Wyatt gave background on Tigard's Recreation Program and discussed the short-term and long-term goals of the city providing recreation programs. He discussed each partner and what level of recreation they each provided: 1. Tigard Tualatin Aquatic District has two pools that offer swim lessons and whose boundaries align with the School District. He said citizens living outside of the Tigard- Tualatin School District were not being served and they would need to figure out how to serve the entire community and secure an additional facility beyond the pools to provide recreation programs beyond swimming lessons. 2. Tigard Tualatin School District has exciting possibilities for partnership with many recreational programs offered through their facilities;however,the school would have first priority and city staff would need to manage and operate programs. TIGARD CITY COUNCIL MEETING MINUTES —August 16, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 4 of 10 3. Tualatin Hills Park and Recreation District operates over 200 facilities and offers a full scale recreation program. He said that THPRD is considered the top provider of recreation for Tigard residents. The cost is approximately$1.62 on assessed value and is higher than the augatic district. He explained there was concern on how Tigard residents would perceive this,but that residents would no longer pay an out of district rate for use of facilities and programs and it would involve THPRD taking over the city's parks and recreation program. Council President Snider asked if capital investment would be needed from the city. Liz Newton said they would eventually want a facility in Tigard and maybe at some point in time a facility would need to be constructed. 4. City of Sherwood currently contracts with the YMCA for operation and programming and is conducting a feasibility study.Tigard and the City of Sherwood could create a district for offering recreational programs,and Tigard would need to bring something to the table. Council President Snider asked staff if there was discussion with THPRD on managing the program and the full district. Assistant City Manager Newton replied there are a lot of options; she said staff could contact them and see if they are open to different options. Mr.Wyatt explained the city is implementing year two of their five year program and what they were currently doing,and said the city could continue implementing the five year program. Councilor Woodard said there should be a sixth item to consider and the city should take a look at the City of Wilsonville's facility and study their programs.Liz explained they had looked at Wilsonville's program and had been in contact with their staff;that there are a few issues like lack of an aquatic center in Tigard. Mayor Cook said his biggest worry was capital and operational funding that would be needed,year two was barely in the budget and would need to be changed. Councilor Goodhouse would like staff to look into any kind of partnership with Tualatin,especially since Tigard shares so many common areas with them. Council President Snider said everyone is in a different place then in 2000 and the city should look at approaching Sherwood and Tualatin again. Ms.Newton said they would go back to them again. Councilor Henderson said the facility was what needed to be talked about and that maybe the city needed to look at a for-profit program and the city needed to keep the interest going. Councilor Woodard discussed looking at Sherwood's facility and stated the city cannot cost recover money,it's an actual cost increase to the tax payers and was above and beyond what the bond provided and that was why the YMCA looked so appealing. He continued to talk briefly about the Blue Zones and that these are different entities and not to confuse the two. Council President Snider talked about the opportunity for offering different programs that could be available in each city and asked if staff was looking for council direction that night. Staff replied TIGARD CITY COUNCIL MEETING MINUTES—August 16, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigud-or.gov I Page 5 of 10 they were,and asked council if there were any of the five options council didn't want staff to pursue and what steps should be taken next. Council replied they would like to see cost breakdowns and what would be included in those costs,if there were lighter versions to their programs,if residents would need to be annexed in if they were currently in the THPRD District and what would that mean,and if the city handed over park land to THPRD they would give the city buy-in or some kind of trade off for a certain time frame. Ms.Newton explained staff has information on the cost breakdown,that it wasn't included with their material but could be provided next time. Councilor Woodard stated he would like to see staff build on what they've already done and would ask that they think about a Citizen Advisory Committee. Councilor Snider agreed they needed a Recreation Advisory Committee. Mr.Wyatt asked what council would like the group to focus on. Ms. Newton explained one of the things they looked at possibly doing was a survey,but maybe that could be a focus group instead. City Manager Wine said staff would figure out a structure of how they move forward for the next meeting. 6. REVIEW PROCESS FOR SOLICITING BIDS FOR GENERAL AND SPECIALIZED LEGAL SERVICES Senior Management Analyst Wyatt explained staff was focusing on the process;that the city went out for contract every 5 years and the city attorney's service contract was set to expire at the end of December 2016. He said staff was developing a process for going out to bid. He continued to explain how attorney services were broken out in 2011 and that this was an opportunity to get feedback from city council on the process and what level of involvement council wanted. Council President Snider said council should be very involved since council was one of the biggest users of attorney services. City Manager Marty Wine explained that by charter,city council hires the city attorney and agreed that council should be very involved. She explained staff wanted to know what council's involvement looked like and if the timing of the process looked appropriate to council. Councilor Snider discussed the difference between having a firm that would allow for different attorney expertise services in house vs. a firm that was singular in nature. His desire was to look at firms that had different levels of expertise. Councilor Woodard agreed that firms offering more levels of expertise was preferred as they were more flexible and focused,and he couldn't remember if they got the same level previously from one firm. Councilor Henderson said he was impressed with Jordan Ramis's firm,because they have several different skills within the firm;he thought it worked out better and service was better. Mr. Wyatt said they would go out for two RFD's;one for general attorney services and one for specialized attorney services. He then explained the process. TIGARD CITY COUNCIL MEETING MINUTES —August 16, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 6 of 10 Mayor Cook didn't think council would interview all of them,but thought there could be two councilors on the sub-committee and asked what the timing was for the RFP. Mr.Wyatt said staff would issue the RFP in mid-September with interviews sometime in mid-October to early November depending on how many responses they receive. Mayor Cook asked council if anyone was interested in participating in interviews. Council President Snider and Councilor Goodhouse volunteered. 7. UPDATE ON THE IMPLEMENTATION OF THE STRATEGIC PLAN Senior Management Analyst Wyatt updated council how the implementation of the Strategic Plan was going,explained that while they did not win the gold medal standard for the walk-friendly assessment,Tigard did receive honorable mention. He explained this was a free program and the information was compiled by one of the city's interns. He highlighted some of the city's programs and successes: The Rock and Roll Safe Routes to School program,Mayor Cook's participation in public transportation, 17.5 miles of walk friendly greenway,smoke and vape-free zones in city parks and properties,updated walking maps,and how the city engaged with Tigard citizens. He said Tigard was selected for a Brownfield grant,and discussed Tigard's Trivia as being a way to communicate and educate citizens. He ended his presentation asking the council a Tigard Trivia question. 8. CITY PRIORITIES DISCUSSION: SCOPING A LOCAL OPTION LEVY AND FACILITIES BOND PROPOSAL City Manager Wine suggested holding this item over to the first council business meeting in September due to the late hour and other agenda items still needing to be heard. Council agreed. Mayor Cook continued the item to September 13,2016 Council Business meeting. 9. PHOTO RED LIGHT REPORT TO COUNCIL Police Commander McDonald,Lieutenant Frisendahl and Court Supervisor Gliebe presented this item. Commander McDonald said they were tasked a year ago with researching the viability of photo red light program in Tigard. He explained they had contacted a vendor to run a test and discussed the summary of findings. He explained they had tested four areas along Hwy 99W;Hall Boulevard,Gaarde at McDonald interchange,Walnut Street and Durham. Once this was completed,they reached out to Beaverton,Tualatin and Sherwood to learn what their experience has been since they use the photo red light program with the same vendor that had done the test for Tigard. Mayor Cook explained he was the person who originally asked this item be brought forward. Councilor Snider asked staff if they were more amendable to the program than they seemed to be in the beginning. Commander McDonald said that in doing more research there is an improvement in traffic safety and that the surrounding jurisdictions have seen unsafe traffic areas become safe. Councilor Snider asked Commander McDonald if he would explain what he mean. Commander McDonald explained it allows officers to watch traffic violations,keeps officers safe and monitors problem areas twenty-four hours a day. TIGARD CITY COUNCIL MEETING MINUTES—August 16, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 10 Mayor Cook discussed the safety of citizens and officers,and said that was why he wanted to look at it,not because it could be a financial gain for the city. Councilor Woodard stated he is not a fan of the photo red light program,that it's too much technology and not enough human interaction. He said he could be convinced otherwise because of the positive safety data,but needs more information. Council and staff discussed the projected half a million dollar cost of the program,the$900,000 potential revenue that could net the city$400,000 annually and what information staff used to get to those dollar figures. City Manager Wine asked Commander McDonald to discuss how the technology works. Commander McDonald explained the technology would allow police officers to review film of violators and allow for police officer judgment in issuance of citations. He said it enhanced pedestrian safety in needed intersections of the city. Councilor Henderson was concerned about the people who operate the equipment and worried it would require more money. Commander McDonald explained this was the first time the city had done an actual survey to provide council with data. Councilor Henderson asked how they came to use this vendor in their survey. Commander McDonald explained the vendor was able to do the survey at no cost to the city and was the vendor neighboring jurisdictions (Tualatin,Beaverton and Sherwood) currently use;allowing Tigard the opportunity to reach out to these cities and ask questions about their struggles and successes with the program. Councilor Henderson agreed with the four intersections defined as being a problem and asked what the likelihood was they would need more. Council President Snider said he believed they needed more and could see more being added in the future. Commander McDonald spoke to the four intersections used in the survey and how these intersections wouldn't necessarily be where they would be located. He said Hwy 99W would need to be permitted through ODOT and that ODOT is familiar with the process and would be the one working with the vendor on permitting. Council President Snider said that from a public safety concern,this made sense and it's not about money,but about safety. He asked if staff had the ability to scale up if more than four were used. Commander McDonald said currently the data provided was based on installing four. Councilor Goodhouse asked how many people stop short or are extra cautious because there is a photo red light and are concerned they will get a ticket. Commander McDonald said it increases the awareness of where the camera is located at the intersection. He explained that of the estimated 33,000 annual traffic violation detections at each intersection,approximately 10,000 to 12,000 would actually be issued citations;the vast majority would not receive a citation. He said officers get a twelve second snap shot of each violation. He agreed they would like to make face to face interaction,but this was an alternative to the issue. Mayor Cook said he knows where photo red lights are located in Beaverton, and because of this he is more careful when traveling in those intersections. Councilor Woodard explained the data provided were all estimates of what was expected if the photo red light program were to be implemented,and this was what Tigard residents look at. TIGARD CITY COUNCIL MEETING MINUTES —August 16, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 8 of 10 Council President Snider said many of the costs are scalable and asked Councilor Woodard how he could be convinced. Councilor Woodard replied he can see the positives with the program,but likes to see police officers on the beat communicating with citizens, he doesn't like the digital era and it feels like this would create more regulations and government control,but that with more time and information,he could be convinced. Councilor Goodhouse asked how much say the vendor has in how the program is run and if the city could negotiate. Commander McDonald said no,and explained the photo red light statute is very specific and the settings were set by the engineering code and they were required to make a report to Legislature every two years. Councilor Goodhouse stated he liked the technology and how far it has come. City Manager Wine explained staff is looking for guidance from council in how they proceed and what other information council would like,or if they should not proceed at all. Council agreed to proceed and have staff continue to look into the program and move forward with a focus group for public input. 10. NON AGENDA ITEMS City Manager Wine said Councilor Goodhouse had agreed to be the new PRAB representative. 11. EXECUTIVE SESSION There was no executive session. 12. ADJOURNMENT Mayor Cook called for a motion to adjourn the meeting. Motion by Council President Snider seconded by Councilor Henderson to adjourn. Motion was approved by unanimous vote of council. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook adjourned the meeting at 9:29 p.m. TIGARD CITY COUNCIL MEETING MINUTES —August 16, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 9 of 10 Kellurgoyn Deputy Ci ecor r Attest: Mayor, ity of Tigard l Date: D�� 12S,, O j„ TIGARD CITY COUNCIL MEETING MINUTES—August 16, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 10 of 10