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City Council Packet - 05/22/2018
1 ■ II City of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: May 22,2018 - 6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be beard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://www.tizard-or.gov/city hall/council meeting.php CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. _ City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: May 22,2018 - 6:30 p.m. Study Session;7:30 p.m.Business Meeting MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM •STUDY SESSION 1. COUNCIL LIAISON REPORTS 6:30 p.m. estimated time •EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 2. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 3. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Citizen Communication—Sign Up Sheet 4. CONSENT AGENDA: (Tigard City Council) These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. APPROVE CITY COUNCIL MINUTES: •March 27,2018 •April 17,2018 •April 24,2018 •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/City Center Development Ageny has voted on those items which do not need discussion. 5. PRESENT PRIZE TO 2018 IF I WERE MAYOR CON TEST WINNER 7:35 p.m. estimated time 6. CONSIDER RESOLUTION TO APPROVE APPOINTING AN ALTERNATE TTAC MEMBER TO VOTING MEMBER 7:40 p.m. estimated time 7. CONSIDER AWARD OF CONTRACT FOR 2018 PAVEMENT MANAGEMENT PROGRAM-PAVEMENT REHABILITATION 7:45 p.m. estimated time 8. CONSIDER AWARD OF CON TRACT FOR 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE 7:50 p.m. estimated time • 9. CONSIDER AWARD OF CONTRACT FOR POLICE RECORDS MANAGEMENT SYS I'EM. 7:55 p.m. estimated time 10. LEGISLATIVE PUBLIC HEARING-CONSIDER AMENDMENT TO TMC CHAPTER 7.42 CHRONIC NUISANCE PROPERTY 8:00 p.m. estimated time 11. LEGISLATIVE PUBLIC HEARING-CONSIDER AMENDMENT TO TMC CHAPTER 6.01 -NUISANCE DEFINITIONS 8:10 p.m. estimated time 12. LEGISLATIVE PUBLIC HEARING - CONSIDER AMENDMENT TO TMC CHAPTER 6.02.220 REGARDING OPEN STORAGE OF JUNK VEHICLES 8:20 p.m. estimated time 13. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. 14. NON AGENDA ITEMS 15. ADJOURNMENT 8:30 p.m. estimated time AGENDA ITEM NO. 3.B - CITIZEN COMMUNICATION DATE: May 22, 2018 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\2018\citizen communication 180206.doc AIS-3527 4.A. Business Meeting Meeting Date: 05/22/2018 Length (in minutes):Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: •March 27,2018 •April 17,2018 •April 24,2018 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments March 27,2018 Minutes April 17,2018 Minutes April 24,2017 Minutes City of Tigard Tigard City Council Meeting Minutes TIGARD March 27, 2018 STUDY SESSION Council Present: Mayor Cook, Councilor Woodard, Council President Snider and Councilor Anderson Council Absent: John Goodhouse Staff Present: City Manager Wine,Assistant City Manager Zimmerman, City Attorney Rihala, City Recorder Krager and Assistant Public Works Director Wright A. Executive Session—At 6:30 p.m. Mayor Cook read the citation for an executive session being called under ORS 192.660(2) (e) to discuss real property acquisition. The Executive Session began at 6:30 and ended at 6:37 p.m. B. Council Liaison Reports Councilor Woodard reported on the National League of Cities Conference. He noted that there is money available for housing and homelessness issues and gave some information to City Manager Wine. He also noted there is funding available for emergency response purposes. He noted that net neutrality was an issue that most legislators did not have information about. Councilor Woodard asked about FEMA flood insurance and Council President Snider said Mayor Doyle was pushing for this and multiple legislators were aware of it but there were no commitments to push this. Councilor Woodard commented that Councilor Goodhouse did a great job speaking about marijuana in a session. Councilor Woodard reported on a Heritage Trail meeting where he brought along officers in the American Legion. He said they reached a point of agreement on a static display. He suggested displaying a cannon or a fighter jet. If we ever had to move it there would be other places interested in taking them. A "buy a paver brick" fundraiser was discussed but it was decided that administration would be too costly. A clock from Rotary is still in the plans. Council President Snider said he and Councilor Woodard received a revised draft of the Durham water agreement. City Attorney Rihala, City Manager Wine and Public Works Director Rager are reviewing it and will give comments back to the Council liaisons. Councilor Anderson attended the Social Services subcommittee meeting and found it inspiring. The social service community is very passionate. The subcommittee had to cut the awards in half as an exercise. The proposed budget cuts the program in half by year one and then cuts it all the next year. TIGARD CITY COUNCIL MEETING MINUTES —March 27, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 1 of 8 Mayor Cook said there will be a congestion pricing open house presented by ODOT somewhere in Tigard in April. He said they are only looking right now at two roads: I-5 and I-205. There is a 16-18 person committee. He said STIP funding was discussed at the Area Commission on Transportation meeting. He said the State of the County program went well. His takeaways were to Plan Ahead and Get Along. Administrative Items: The meetings of April 3 and 10 are cancelled due to a lack of agenda items. The Study Session ended at 7:25 p.m. BUSINESS MEETING . 1. A. At 7:32 p.m. Mayor Cook called the City Council&Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook asked Council and Staff for Non-Agenda Items. None 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—There was none. B. Chamber of Commerce—Chamber CEO Monahan updated council on recent and upcoming activities and events. Leadership Tigard got an overview of how non-profits operate and visited some non-profit organizations in Tigard such as Broadway Rose Theater and the Chelsea Hicks Foundation. The Shining Stars Community Awards Gala will be Friday,April 27 at 5:30 p.m. Four scholarships will be awarded, all this year from Tigard. The Tigard Farmer's Market opening day is May 6 and the market will be moving to Burnham Street at Main. Burnham will be closed between Main and Ash.There will be the Market Sprouts Kids Club,Music at the Market, the Community Booth and the SNAP matching program again this year, thanks to a generous grant from Tualatin Soil and Water Conservation District. The Art Walk is June 1-3. The Tigard Tap House will host a pop- up gallery inside their building. Ms. Mollahan announced that the Tigard Downtown Affiance has been awarded$35,000 to purchase interpretive art along the Tigard Heritage Trail. TIGARD CITY COUNCIL MEETING MINUTES — March 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 8 C. Citizen Communication—Sign-up Sheet. No one signed up to speak. 3. CONSENT AGENDA: (Tigard City Council) — A. PROCLAIM NATIONAL COMMUNITY DEVELOPMENT WEEK B. PROCLAIM APRIL AS ARBOR MONTH C. PROCLAIM PLAY BALL MONTH D. RECEIVE AND FILE: • Three-month Council Meeting Calendar • Tentative Agenda of Upcoming Meetings • Annual Municipal Court Report E. APPROVE CITY COUNCIL MINU IES: • January 9,2018 • January 23, 2018 • February 6, 2018 Councilor Woodard moved for adoption of the Consent Agenda as presented. Council President Snider seconded the motion. The motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse (absent) Council President Snider ✓ Councilor Woodard ✓ 4. RECEIVE UPDATE AND AWARD FROM THE HEAL CAMPAIGN RECOGNIZING TIGARD Human Resources Director Bennett gave the staff report and introduced HEAL cities representative Jamie Nash. Ms. Nash said the City of Tigard was awarded the second highest award in 2015. The City has now achieved the highest level based on programs such as the no smoking or vaping ordinance, the Metzger Park Project, CIP transportation project prioritization, Safe Routes to School, and the wellness committee. There are 41 cities in Oregon participating in the HEAL program. She said achieving the top award does not mean a city's work is complete. She asked that Tigard staff continue to push the needle towards innovative practices to improve healthy eating and active living practices in Tigard. Ms. Nash presented Mayor Cook with an award for the city on behalf of HEAL. TIGARD CITY COUNCIL MEETING MINUTES — March 27, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 8 5. CONSIDER RESOLUTION REAPPOINTING A MEMBER TO THE COMMITTEE FOR COMMUNITY ENGAGEMENT Communications Strategist Owens gave the staff report. He said the Committee for Community Engagement has 14 standing members with a vacancy to be filled by an eligible applicant who resides,owns property, owns a business or works within the City of Tigard's Urban Services Boundary. In January 2018,Mayor Cook and Councilor Woodard interviewed Tamera Boring and recommended that she be appointed for a four-year term, starting April 18,2018. Councilor Woodard moved to approve Resolution No. 18-17. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 18-17 — A RESOLUTION APPOINTING TAMERA BORING TO THE COMMITTEE FOR COMMUNITY ENGAGEMENT,FOR A TERM OF FOUR YEARS, EFFECTIVE MARCH 28,2018 THROUGH MARCH 28,2022. Mayor Cook conducted a vote and Resolution No. 18-17 passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse (absent) Council President Snider ✓ Councilor Woodard ✓ 6. LEGISLATIVE PUBLIC HEARING: CONSIDER MODIFICATION TO WASTE, COMPACTOR CRITERIA IN TMC CHAPTER 11.04 • A. Mayor Cook opened the public hearing. B. Mayor Cook announced that anyone may offer testimony. C. Assistant Community Development Director McGuire gave the staff report. He said in a continuing effort to improve the city's code,Tigard Municipal Code Chapter 11.04 relating to solid waste is being modified. It refers to an obscure permit approval process and in order to clear up any confusion, staff proposes removing it from Chapter 11.04. It is already mentioned in Title 18 (Community Development Code). D. Public Testimony—There was none. E. Response to testimony by staff. There was no testimony. F. Mayor Cook closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 18-07 Council President Snider said, 'We are relying on a franchisee to provide adequate oversight. Right now we have solid relationships with those franchisees. What if that changes in the future?" Assistant Community Development Director McGuire said they TIGARD CITY COUNCIL MEETING MINUTES—March 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 8 would be unable to provide service if they do not have access to the compactor areas so it is in their best interests to make sure it works. There are technical needs such as the turning radius for particular trucks and they need to make sure this is achieved. It is difficult for the city to legislate. City Attorney Rihala assured Council that the City still maintains the ability to regulate them through the nuisance code. Councilor Woodard asked where the conflict was in the CDC. Assistant Community Development Director McGuire said a conflict was created because the process in the code required a land use review which was outside of the regulated land use process. Mayor Cook noted that it didn't mention the word commercial and he thought there might be confusion if homeowners thought their home trash compactors were affected. Councilor Woodard moved to approve Ordinance No 18-07. Council President Snider seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote.The motion passed unanimously. Ordinance No. 18-07 —AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 11.04 TO REMOVE APPROVAL CRTl'ERIA FOR STATIONARY SOLID WASTE COMPACTORS Yes No Councilor Anderson ✓ Mayor Cook V Councilor Goodhouse(absent) Council President Snider V Councilor Woodard V 7. LOCAL CONTRACT REVIEW BOARD CONSIDERATION OF MOWER PURCHASE Senior Management Analyst Barrett said staff brought forward on February 6,2018 a contract for the purchase of a new mower. The sales representative subsequently said it would not be available until December, causing the city to either have to cancel the order and purchase another or contract out mowing services throughout the spring and summer lawn mowing season. Staff found that the purchase could be made now through the Washington State contract. The cost of the mower is $112,000. Council had approved$110,000 in Contingency funds and the rest will come from the Street Maintenance Fund Division's operating budget. LCRB Board Member Anderson motioned to approve the purchase and LCRB Board Member Woodard seconded the motion. Chair Cook conducted a vote and the motion passed unanimously. Yes No Councilor Anderson V Mayor Cook ✓ Councilor Goodhouse (absent) Council President Snider V Councilor Woodard ✓ TIGARD CITY COUNCIL MEETING MINUTES—March 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 8 8 CONSIDER A RESOLUTION GRANTING EXEMPTION FROM PROPERTY TAXES UNDER TMC 3.50 FOR FIVE NON-PROFIT LOW-INCOME HOUSING PROPERTIES Confidential Executive Assistant Lutz and Associate Planner Warren gave the staff report.The Tigard Municipal Code allows certain organizations providing low-income housing to be exempted from Tigard property taxes. Community Partners for Affordable Housing properties and one property operated by Resident Resources operating low-income housing and meet all criteria listed in the code. Both entities met the March 1 deadline for applications. Councilor Woodard asked what the fiscal impact of tax exemptions would be and Ms. Lutz said the impact to Tigard property tax revenue is $50,000. Councilor Woodard asked how the other jurisdictions feel about Tigard making this decision. Associate Planner Warren said state law enabling this says once a threshold of 51 percent of the value of the taxing district is reached you are exempted from all taxes. Both Tigard-Tualatin School District and Tualatin Valley Fire District have granted this exemption in the past. We are well over the 51 percent threshold. Mayor Cook noted that the City's tax is only 17 percent of the property tax bill so the City cannot do it themselves. It takes the other entities to approve exemptions in order to reach the 51 percent. Council President Snider moved to approve Resolution No. 18-18. Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the resolution. Mayor Cook conducted a vote and the motion passed unanimously. Resolution No. 18-18—A RESOLUTION GRANTING AN EXEMPTION FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE SECTION 3.50 FOR FIVE NON-PROFIT LOW-INCOME HOUSING PROJECTS OWNED AND OPERATED BY COMMUNITY PARTNERS FOR AFFORDABLE HOUSING (CPAH) AND RESIDENT RESOURCES OREGON Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse (Absent) Council President Snider ✓ Councilor Woodard ✓ 9. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AN IGA WITH TUALATIN VALLEY WA 1'hR DISTRICT AND HILLSBORO FOR'TEMPORARY WATER SUPPLY Public Works Operations Manager Goodrich gave the staff report. The construction of a new 66- inch pipeline is part of the Washington County Roy Rogers Road widening project. The water line is part of a phased approach by the Willamette Water Supply System and will not have water to fill the pipeline until 2025 or 2026. It will be a stranded pipeline until it is connected at either end as part of the supply system to move water from Wilsonville to Hillsboro. In the meantime the pipeline project needs water for flushing,pressure testing and purifying the water line. The surfaces need to TIGARD CITY COUNCIL MEETING MINUTES —March 27, 2018 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov I Page 6 of 8 be kept wet.Water is available from Tigard to meet these needs. Staff determined that this was a unique opportunity to upsize from a 6-inch pipe to provide a 12-inch pipe that could be used for emergency water supplies in the future. The agreement covers the temporary supply of water for construction purposes and terms and conditions for upsizing the pipeline. The road project will not be using water from this particular meter. This is in Tigard's favor for future water resilience needs, such as in an emergency.A 12-inch line could supply up to 5 mgd of emergency supply. The cost is $80,000 plus a staff-added contingency of$8,000 for a total of$88,000. This agreement only provides for upsizing the initial pipe connection and other agreements and'funding will be necessary to fully develop the connection into an emergency supply system between the Willamette Supply System and the City of Tigard. The city attorney has reviewed the agreement and staff recommends approval. Councilor Woodard moved to approve Resolution No. 18-19. Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 18-19 —A RESOLUTION ADOPTING AN AGREEMENT FOR TEMPORARY WATER SUPPLY BETWEEN THE TUALATIN VALLEY WATER DISTRICT,THE CITY OF HILLSBORO AND THE CITY OF TIGARD Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse (absent) Council President Snider ✓ Councilor Woodard ✓ 10. CONSIDER RESOLUTION TO APPROVE PURCHASE AND SALE AGREEMENT FOR. WILLAMETTE INTAKE FACILITY Utility Manager Goodrich gave the staff report and said this resolution is the the next step in the Willamette Intake Facility (WIF) process. On February 27,2018 staff came before Council with an ordinance for the city to approve an intergovernmental agreement to form a WIF Commission. Tigard joined and proclaimed its intent to participate in the commission,joint ownership, management and operation, and also to participate in the expansion of this facility in order to serve Tigard's needs at a future date. Tualatin Valley Water District has excess capacity and this purchase agreement is for an equity share of 10 percent. The initial buy-in cost of 751,000 and the engineer's best estimate for expansion to 150 mgd is approximately$2.3 million. The $751,000 is identified already in the 2017-18 budgets. And from 2019-2021 staff has projected the additional cost of$2.3 million in the budgets. Mr. Goodrich said at a February council meeting Mayor Cook noted that Tigard was taking 10 percent ownership but paying 14 percent. He said much of that has to do with depreciation figured in for the Wilsonville TIGARD CITY COUNCIL MEETING MINUTES—March 27, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 8 property,recognizing that they have spent money on the intake facility. The intake facility is not at the end of its anticipated life so those dollars were spread among the other entities. The City Attorney has reviewed and approved this purchase and sale agreement. Council President Snider moved to approve Resolution No. 18-20 and Councilor Anderson seconded the motion.There was no further discussion. City Recorder Krager read the number and title of the resolution. Mayor Cook conducted a vote and the motion passed unanimously. Resolution No. 18-20 A RESOLUTION ADOPTING AN AGREEMENT FOR TRANSFER,PURCHASE AND SALE OF THE WILLAME 1-Th INTAKE FACILITIES BETWEEN TUALATIN VALLEY WA E,R DISTRICT AND THE CITY OF TIGARD Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse (absent) Council President Snider ✓ Councilor Woodard ✓ 11. NON AGENDA ITEMS None. 12. EXECUTIVE SESSION Held in the Study Session. 13. ADJOURNMENT At 8:19 p.m. Council President Snider motioned to adjourn. Councilor Woodard seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse (absent) Council President Snider ✓ Councilor Woodard ✓ Carol A. Krager, City Recorder Attest: John,L. Cook, Mayor Date TIGARD CITY COUNCIL MEETING MINUTES — March 27, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 8 of 8 111 City ofTigard Tigard Workshop Meeting Minutes TIGARD April 17, 2018 1. WORKSHOP MEETING A. Mayor Cook called the meeting to order at 6:33 p.m. B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Councilor Woodard '1 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—There was none. 2. JOINT MEETING BETWEEN TIGARD LIBRARY BOARD AND TIGARD CITY COUNCIL Library Director Barnes presented this item. Members of the Library Board in attendance included: Katie Harris,Lonn Hoklin,Nina Kung,Becky Gauthier,Mary Bogert and Jean Hart. Library Chair Harris talked about the array of activities the library offers and then shared two videos that highlighted the adult programs and children programs offered. Library Member Hart showed a PowerPoint on the library used database Lynda.com and explained how it works. Council President Snider asked if any of the library board members have been engaged with the levy. Ms. Harris said they have planned to be part of several community events and have information to hand out. City Manager Wine explained that city board and committee's members are held to the same campaign restrictions as city employees while they are representing the city,however,if they are representing themselves and it is on their own time, they are allowed to speak either in favor or against a city measure. Councilor Woodard asked Ms. Barnes if staff would present a matrix of library statistics that trended over time when they come before council again. He explained that he would like to see several years TIGARD CITY COUNCIL MEETING MINUTES -April 17, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 2 of statistics so that council could see the difference in numbers from one year to another. Ms. Barnes replied that patron satisfaction has been over 90% for the last ten years and circulation has hovered around 5 million over the last five years. She said next time staff would provide a matrix of statistics that trended over time. Councilor Anderson asked about the condition of the parking lot,and the number of parking spaces available during peak hours. Ms. Barnes said the library partners with the church across the street for extra parking spaces when they have large events, but limited parking at the library remains an issue and area of concern. Mayor Cook thanked the board members for their commitment and passion for what they do. He said council hears a lot about the children programs and he is surprised to learn about how many adults use the library services and participate in the adult programs. 3. NON AGENDA I I J MS—There was none. 4. EXECUTIVE SESSION—There was none. 5. ADJOURNMENT At 6:58 p.m. Councilor Woodard moved to adjourn the meeting and Council President Snider seconded the motion. Motion passed by a unanimous vote. Name Yes No Councilor Woodard Councilor Anderson Mayor Cook Councilor Goodhouse Council President Snider Kelly Burgoyne,Deputy City Recorder Attest: John L. Cook,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES -April 17, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov , Page 2 of 2 11111 City of Tigard . Tigard City Council Meeting Minutes TIGARD April 24, 2018 a ID STUDY SESSION—6:30 p.m. Council Present: Mayor Cook, Councilor Goodhouse, Councilor Woodard, Councilor Anderson and Council President Snider. Staff Present: City Manager Wine,Assistant City Manager Zimmerman, City Attorney Rihala, Senior Management Analyst Wyatt and Associate Planner Warren. A. Associate Planner Warren updated council and staff on the 60 percent design progress on the Tigard Street Heritage Trail. He showed a PowerPoint which has been added to the packet for this meeting. The design documents are being reviewed by Engineering,Public Works, Community Development, ODOT, ODOT Rail and Clean Water Services. Because of an additional wetland the Army Corps of Engineers is also reviewing the project. When these comments are received the project will move on to the 90 percent design stage.The project is behind schedule so design firm Alta will try to compress some phases to reduce the gap. Councilor Woodard asked if any funding would be lost due to delays and Mr. Warren said no. Results of the three public engagement meetings held last summer refined the concepts, design, and thematic elements. People preferred the Outdoor Museum and Timeless Railway themes which have been fused. The stage under Highway 99W will be at ground level to make it more flexible. The trail has been widened with shoulders on each side and a rail crossing was added at Tiedeman. Connections across Tigard Street to Grant Avenue and Katherine Street have been improved. The Main Street end widens to a plaza with improved parking, accessibility,infrastructure for a future restroom and seating amenities including a clock to be donated by the two Rotary Clubs in Tigard. The clock will be placed in the plaza center. Main Street elements include a seat wall and an artistic fence. Associate Planner Warren said ODOT has concerns with crossing safety at Tiedeman and fencing off the rail tracks. They are also asking for changes to the rail crossing on Main that were not done with Main Street Phase I. Mayor Cook asked if this could be put into the Main Street Phase 2 project. The project estimate is $1.16 million and with a$950,000 budget, there is a$213,000 shortfall. Proposed reductions include replacing pavers with concrete and eliminating lights from the west side of the Railroad. At this point the city is value engineering and the idea generation phase has ended. TIGARD CITY COUNCIL MEETING MINUTES -April 24, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 9 Councilor Woodard said he would like a static display with an American Legion plaque. He suggested that a canon would bring people in and can always be moved to a different location if necessary. He asked if the American Legion can still get involved. Councilor Anderson said the Rotary is not thrilled about losing the pavers. He said it is called"Rotary Plaza" and they do not want cheap stamped concrete. Associate Planner Warren said it was colored,but not stamped. Councilor Anderson asked if the first part of the entry could have pavers and then money could be raised for the rest. City Manager Wine said we would need to know the dollar amount and have a firm commitment. Associate Planner Warren agreed and said they would need to move quickly. Council President Snider confirmed that a commitment would be needed within 2-3 weeks maximum. In response to a question from Council President Snider about whether the council should be concerned about the shortfall,Associate Planner Warren remarked that the City of Tigard will be getting a fantastic, regionally known trail as it is designed now. He noted that the concrete will be covered by cars.70 percent of the time. Mayor Cook asked if lighting will only be on one side of the trail and Associate Planner Warren said it would. He added that the trail must be kept open so no event can take place right on the trail itself. Council said the designs look good. They requested a copy of the PowerPoint and ancillary report on the grant. B. COUNCIL LIAISON REPORTS Councilor Woodard reported that the Metropolitan Area Communications Commission (MACC) will be distributing an additional$1 million among its member jurisdictions. Mayor Cook said road projects he learned about at the Washington County Coordinating Committee include auxiliary lane work on Highway 217 southbound from Beaverton-Hillsdale Highway to Pacific Highway and northbound from 72nd Avenue to Scholls Ferry Road. Council President Snider reported on the Bond and Levy Task Force and said they are starting to engage in the bond discussions about buildings and facilities. 1. BUSINESS MEETING A. At 7: 35 p.m. Mayor Cook called to order the City Council,Local Contract Review Board and Town Center Development Agency. B. City Recorder Krager called the roll. TIGARD CITY COUNCIL MEETING MINUTES -April 24, 2018 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov Page 2 of 9 Present Absent Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook called for any Non-Agenda Items—Councilor Woodard said he received a memo regarding dogs off leash on trail systems,most specifically at Dirksen Nature Park.A comment was made from a parent that she cannot take her children there to play because dogs are attacking her child. City Manager Wine said she will pass this along to staff. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—City Manager Wine updated council on follow-up with two groups of neighbors with concerns about speeding and safety in their neighborhoods. Staff in the engineering division talked to each group of neighbors and came up with some signage options for the 100th Street neighborhood concerns and will place an electronic "Your Speed Is" sign on Ascension Drive for a trial period. B. Police Update—Police Chief McAlpine highlighted changes in March crime statistics between this year and last year. Assaults and theft are up. Business burglaries are occurring in staged homes,with appliances and construction supplies being taken. In some cases private security will be hired.There was an uptick in gang graffiti. She noted that a bank employee called police because a transient was attempting to cash a check that appeared suspicious. Further Commercial Crimes Unit investigation led officers to Portland where a group from Atlanta, Georgia had come in to use homeless people in a check cashing scam. $34,000 was confiscated. Transient and mental illness calls came to 144 hours and 41 minutes. Tigard Police won the Iron Chef competition again this year, raising money for the Chelsea Hicks Foundation. C. Tigard Area Chamber of Commerce—No report this month. D. Citizen Communication—Sign-up Sheet. Robert Van Vlack, 15585 SW 109th Avenue Tigard, OR 97224, spoke on behalf of the Summerfield community and Summerfield Association and thanked the City,especially the Public Works Department, for safety enhancements made at the 98th and Summerfield intersection. It has made a difference in the traffic flow and people have commented that they feel safer. They have not seen any people running the stop sign. Mayor Cook commented that Public Works Director TIGARD CITY COUNCIL MEETING MINUTES -April 24, 2018 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 9 Rager visited the location and witnessed two cars driving through without stopping even though he felt there was no way they did not see the traffic island. 3. CONSENT AGENDA: (Tigard City Council) A. APPROVE CITY COUNCIL MINUTES • February 13, 2018 • February 20, 2018 • February 27, 2018 • March 6, 2018 • March 20, 2018 B. PROCLAIM ALCOHOL AWARENESS MONTH (Item B was considered separately.) C. PROCLAIM BIKF MONTH D. PROCLAIM MAY 6-12 AS MUNICIPAL CLERK WEEK Council President Snider moved for consideration of the Consent Agenda minus Item B which will have separate consideration. Councilor Woodard seconded the motion. The motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ B. PROCLAIM ALCOHOL AWARENESS MONTH Mayor Cook read from the proclamation. Councilor Woodard moved for consideration of Consent Agenda Item B -Alcohol Awareness Month. Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. He invited representatives from Tigard Turns the Tide to come forward for a photo with the proclamation. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES -April 24, 2018 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 9 4. LOCAL CONTRACT REVIEW BOARD—AWARD CONTRACTS FOR ON-CALL CONSTRUCTION SERVICES Senior Management Analyst Barrett gave the staff report for this agenda item. He said these contracts do not have dollar amounts and are for on-call construction contractors for small or intermediate projects that may arise. This may include repair or replacement of sanitary sewer lines, storm lines,water lines, manholes, catch basins and minor improvements to those systems. None of these tasks will exceed$100,000 and normally would not reach the council approval level but staff is trying to streamline the contracting process and there is the potential that over a two-year period it is possible to go over$100,000. Mr. Barrett said the three specific services are general construction,general electrical services and general landscape services. Under general construction services contracts staff is asking that contracts be awarded to GT Excavation,Elting NW, and Kerr Contractors. Under general electrical services staff recommends awarding contracts to Veteran Electric and Aaken Electric. General landscaping contracts are recommended for GT Excavation,Ash Creek Forest Management and Kerr Contractors.The projects will be overseen by Utility Manager Goodrich. Councilor Woodard noted that some firms have been long standing contractors and asked if trends show that these firms are competitive. Mr. Barrett said the market is whatever it is at the time of requesting quotes but the City has an advantage. The city's current rules require quotes so they have a motive to be competitive. Council President Snider moved for approval of the contracts as presented. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook V Councilor Goodhouse ✓ 5. RECEIVE REPORT FROM THE YOUTH ADVISORY COUNCIL ABOUT THE NATIONAL LEAGUE OF CITIES CONFERENCE Senior Management Analyst Wyatt introduced three Tigard Youth Advisory Council (TYAC) members who went to the National League of Cities Conference in Washington DC. He said two of the students attend Tigard High School and one attends the International School in Beaverton. Caitlin Smith,Marquesa Calderon and Skyler Gambill presented a PowerPoint showing their trip to Washington DC which they felt was very successful. They thanked Council for providing the opportunity and for inspiring them to become active in their community. They appreciated Councilors Goodhouse and Snider for having dinner with them and thanked Kent for being their advisor, showing them around Washington DC and for being the advisor to the TYAC. Highlights TIGARD CITY COUNCIL MEETING MINUTES -April 24, 2018 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 9 included seeing the White House,Washington Monument,Lincoln Memorial,Trump Hotel, the National Museum'of American History and the Newseum. They described the conference as being full of inspiring speakers. They were able to join the National Student Walkout against Gun Violence and learned how to advocate for change and hear their peers speak. They plan to education their peers on needs of the Tigard community and local government issues. Ideas for next year are to include more interactivity with youth advisory councils from Beaverton, Forest Grove and Tualatin,and provide a packing list. In response to a question from Councilor Woodard on their favorite places they mentioned Lincoln Memorial, Gettysburg Address, Capitol Hill, the student walkout, and the Newseum,which showed how newspapers throughout history changed the world. 6. PUBLIC HEARING TO CONSIDER APPROVAL OF RESOLUTION FOR THE FY 2018 THIRD QUARTER BUDGET SUPPLEMENTAL A. Mayor Cook opened the public hearing. B. Mayor Cook announced that anyone signed up may offer testimony. C. Staff Report- Senior Management Analyst Kang briefed council on budget adjustments including administrative support for the City Attorney by adding 0.1 FTE to an existing employee who will be brought to 1.0 FTE;increasing the amount to pay credit card fees in Utility Billing and Building;acknowledging receipt of a MACC grant for backup power centers for IT; and adding support for a Public Works Community Engagement Coordinator including coverage during an extended leave so community engagement services are not interrupted. Councilor Woodard asked for consideration for consolidating these fees into the building permit fees. Council President Snider clarified with staff about which payment method costs the city more to process. He asked if it was true that credit cards cost more to accept than paper checks or does it just appear so because the fee is easy to see. Finance and Information Services Director LaFrance said credit card fees are considered a cost of doing business. A paper check taken by an employee over the counter is very costly but the vast majority of utility billing checks are received through the mail and the bank has an automated system. Mr. LaFrance said staff got together with representatives from US Bank a few weeks ago and are in the process of trying to answer some of these questions in terms of the best way to make payments. He said one of the city's values has been to offer as many ways as possible for customers to efficiently pay their bill. Councilor Woodard wants it to be a policy discussion. He proposed consideration of a policy that when costs increase we add it into our fees so we can cover these costs which are a lot of money. Mr. LaFrance added a point of reference;the city brings in more money through Utility Billing than all other revenue sources in the General Fund combined. Utility Billing brings in over$40 million coming in through this process. D. Mayor Cook asked if there was anyone in the audience who wanted to testify. There was none. TIGARD CITY COUNCIL MEETING MINUTES -April 24, 2018 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 9 E. Response to testimony by staff. No testimony was received. F. Mayor Cook closed the public hearing. G. Council Discussion and Consideration of Resolution No. 18.21 Councilor Woodard moved for approval of Resolution No. 18-21 but requested a policy discussion on putting the cost of credit cards into city fees so the city is reimbursed. Council President Snider seconded the motion. Assistant City Manager Zimmerman said this is one of the items for discussion this summer related to finance and is already on the docket.A staff recommendation will come forward for council's consideration in the fall. Resolution No. 18-21 —A RESOLUTION TO ADOPT THE FY 2018 THIRD QUARTER BUDGET SUPPLEMENTAL INCLUDING BUDGET ADJUSTMENTS TO PUBLIC WORKS,POLICY AND ADMINISTRATION AND COMMUNITY SERVICE Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson V Mayor Cook ✓ Councilor Goodhouse ✓ 7. CONSIDER RESOLUTION TO APPROVE THE FIFTH AMENDMENT TO THE LAKE OSWEGO-TIGARD WA ThR PARTNERSHIP AGREEMENT Public Works Utility Manager and Tigard Project Manager in the Lake Oswego-Tigard Water Partnership Goodrich gave the staff report. He said the cities of Tigard and Lake Oswego entered into a water partnership in 2008 and has been amended four previous times. The project is coming to a close in June 2018 and we are trueing up the land and property easement ownership and cost allocations. This amendment provides a new cost allocation table recognizing Tigard's 18 mgd capacity from the project and also the additional funding for the Waluga reservoir roof replacement. This amount is $ 311,312 and is already in the current budget Water CIP fund. City Attorney Rihala has reviewed the agreement. Council was briefed on January 9,2018 regarding this buy-in reconciliation. The amendment will be before the Lake Oswego City Council on May 1st. Staff recommends council adopt this amendment. Councilor President Snider moved to approve Resolution No. 18-22. Councilor Goodhouse seconded the motion. City Recorder Krager read the title and number of the resolution. TIGARD CITY COUNCIL MEETING MINUTES -April 24, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 9 Resolution No. 18-22—A RESOLUTION APPROVING THE FIFTH AMENDMENT TO THE WATER PARTNERSHIP INTERGOVERNMENTAL AGREEMENT BETWEEN LAKE OSWEGO AND TIGAR.D REGARDING WATER SUPPLY FACILITIES,DESIGN, CONSTRUCTION,AND OPERATION Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 8. CONSIDER RESOLUTION OF SUPPORT FOR METRO 2040 GRANT APPLICATION Associate Planner Warren gave the staff report on a resolution of support for a Metro 2040 grant application. The grants are funded by Metro's Construction Excise Tax through a program that has been in place since 2006 and support planning and development grants to help cities in the Metro area do pre-development work.This year the Community Development Department would like to apply for a grant to use on a feasibility study of cottage cluster and courtyard unit development in Tigard. This would be similar to the downtown lofts feasibility study conducted in 2013. Community Development has partnered with Proud Ground, the state's largest community land trust to perform this study with an eye toward its potential to provide more affordable housing options and a home ownership model that builds equity and wealth while permanently preserving units as affordable to households making 80 percent or less of the area median income. The grant total is $115,000 and the City would provide$5,000 from the Community Development consulting budget as well as in-kind staff support. Councilor Anderson moved to approve Resolution No. 18-23. Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the resolution. Mayor Cook conducted a vote and the motion passed unanimously. Resolution No. 18-23—A RESOLUTION OF SUPPORT FOR A METRO 2040 GRANT APPLICATION TO ASSESS THE FEASIBILITY OF MISSING MIDDLE HOUSING IN TIGARD Mayor Cook conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES -April 24, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 8 of 9 Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 9. NON AGENDA ITEMS - Councilor Woodard gave a Non Agenda item at the beginning of the meeting. 10. EXECUTIVE SESSION -At 8:29 p.m. Mayor Cook read the following: The Town Center Development Agency was called to order and would enter into an Executive Session to discuss real property negotiations,under ORS 192.660(2) (e).All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660 (4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. The TCDA will adjourn from Red Rock Creek Conference Room after the Executive Session. 11. ADJOURNMENT At 8:38 p.m. Director Woodard motioned to adjourn. Director Goodhouse seconded the motion and Chair Cook conducted a vote. The measure passed unanimously. Yes No Director Snider ✓ Director Woodard ✓ Director Anderson ✓ Chair Cook ✓ Director Goodhouse ✓ Carol A. Krager, City Recorder Attest: •John L. Cook, Mayor Date TIGARD CITY COUNCIL MEETING MINUTES -April 24, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 9 AIS-3505 5. Business Meeting Meeting Date: 05/22/2018 Length (in minutes): 5 Minutes Agenda Title: PRESENT PRIZE TO 2018 IF I WERE MAYOR CONTEST WINNER Prepared For: Joanne Bengtson Submitted By: Joanne Bengtson, City Management Item Type: Receive and File Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall Mayor Cook present Lizette Ramirez Texta with a prize for the winning Poster in the 2018 If I Were Mayor Student Contest? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY The Oregon Mayors Association(OMA) sponsors an annual student contest called"If I Were Mayor, I Would..." Mayors in participating cities choose a local winner to represent their city in each of three categories: posters (grades 4-5);essays (grades 6-8);and digital media presentations (grades 9-12). Tigard winners receive a$50 Visa gift card. The winning entries are forwarded to Salem to compete in a statewide contest where winners in each of three categories will win Apple iPad Air 2 tablets. First-place statewide winners and their parent(s) will be recognized at an awards luncheon held during the OMA Annual Conference in Florence,OR July 26-28,2018,where they will receive their prize. Lizette is a 5th grader at CF Tigard Elem. OTHER ALTERNATIVES Select no winners in this year's contest. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION This is an annual contest supported by Tigard's Mayor though their membership in the Oregon Mayors Association. Fiscal Impact Cost: 55.00 Budgeted (yes or no): yes Where Budgeted (department/program): 100-0500 Additional Fiscal Notes: Three$50 Visa gift cards were budgeted but Mayor Cook did not receive entries in the Essay or Digital Media category.The addition fee covers the Visa activation fee. Attachments 2018 Winning Poster ',.. 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Business Meeting Meeting Date: 05/22/2018 Length (in minutes):5 Minutes Agenda Title: CONSIDER RESOLUTION TO APPROVE APPOINTING AN ALTERNATE TTAC MEMBER TO VOTING MEMBER Prepared For: Mike McCarthy,Public Works Submitted By: Carol Krager,Central Services Item Type: Resolution Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Shall council appoint George Brandt as a voting member of the Tigard Transportation Advisory Committee (TTAC)? STAFF RECOMMENDATION / ACTION REQUEST Appoint George Brandt as a voting member of the TTAC. KEY FACTS AND INFORMATION SUMMARY The Tigard Transportation Advisory Committee (11AC) is to have 11 voting members. One of those members,Erik Halstead,has resigned from the committee for personal reasons,leaving an open voting position. There are currently three alternates that have been appointed and are attending TTAC meetings. One of them,George Brandt,is serving in his second year as an alternate. Mr. Brandt has actively participated in TTAC discussions,and has been recommended for voting membership by Mayor Cook. OTHER ALTERNATIVES Council could elect to make a different appointment. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Mr. Brandt was appointed as a non-voting alternate at the January 2,2018 Council Business Meeting Attachments Appointing Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18- A RESOLUTION APPOINTING GEORGE BRANDT TO BECOME A VOTING MEMBER OF THE TIGARD TRANSPORTATION ADVISORY COMMITTEE TO COMPTTHE TERM VACATED BY ERIK HALS'lEAD WHEREAS, one position is open on the Tigard Transportation Advisory Committee due to the recent resignation of Erik Halstead;and WHEREAS, George Brandt was appointed in November, 2017 as an alternate member of the Tigard Transportation Advisory Committee and is serving his second year as an alternate;and WHEREAS, George Brandt has agreed to become a voting member of the Tigard Transportation Advisory Committee and has signed the City's Code of Conduct for committee members. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: George Brandt is appointed to complete the position vacated by Erik Halstead. This term ends December 31,2020. SECTION : This resolution is effective immediately upon passage. PASSED: This day of 2018. Mayor-City of Tigard ATI EST: City Recorder-City of Tigard RESOLUTION NO. 18- Page 1 AIS-3360 7. Business Meeting Meeting Date: 05/22/2018 Length (in minutes): 5 Minutes Agenda Title: Consider Award of Contract for 2018 Pavement Management Program- Pavement Rehabilitation Prepared For: Joseph Barrett Submitted By: Kelly Burgoyne, Central Services Item Type: Motion Requested Meeting Type: Local Update,Discussion,Direct Staff Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract for 2018 Pavement Management Program - Pavement Rehabilitation construction project to S-2 Contractors,Inc.? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends the Local Contract Review Board award a contract for the 2018 Pavement Management Program-Pavement Rehabilitation construction project to S-2 Contractors for$1,200,063 and authorize the City Manager to take the necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY The yearly Pavement Management Program (PMP) protects the city's investment in street infrastructure. The program typically includes a combination of minor maintenance projects (slurry seal applications) and major maintenance and rehabilitation projects (pavement overlays). In a payment overlay project, the pavement on a street has deteriorated due to traffic usage and weather,and is at the point where pavement repairs and overlays are necessary to avoid further deterioration and return the street to a good condition. Work under the project will include: •Construction of asphaltic concrete inlays and overlays •Asphalt concrete removal (grinding) and repair •Applying sealant along pavement edges and joints •Temporary signage,protection, and traffic control •Striping and pavement marking •Construction of concrete curbs and ramps •Performance of additional and incidental work as called for by the specifications and plans. For the 2018 project year,streets, or sections of these streets,in need of this level of repair,include: •SW Greenburg Road •SW Tiedeman Avenue •SW 74th Avenue The city issued an Invitation to Bid for the project on April 16,2018 and published notice in the Daily Journal of Commerce and in The Tigard Times. Bids were due on May 1st and the city received responses from two contractors: •S-2 Contractors - $1,200,063 •Kodiak Pacific Construction- $1,262,079 •Engineer's Estimate-$999,997 Staff has reviewed the bids and determined that S-2 Contractors has submitted the lowest responsible bid. S-2 Contractors has no State of Oregon Contractor Construction Board violations and is not on the Bureau of Labor and Industries ineligible list. S-2 has performed this work for the city for the past few years and the city has been satisfied with their performance. As such, staff recommends an award for the city's pavement rehabilitation contract to S-2 Contractors in the amount of$1,200,063. OTHER ALTERNATIVES COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION This is the first time the Local Contract Review Board is seeing this project. Fiscal Impact Cost: $1,200,063 Budgeted (yes or no): Proposed Where Budgeted (department/program): Street Maintenance Fund Additional Fiscal Notes: The proposed contract is for$1,200,063. Appropriations totaling$2.7 million in construction projects are in the proposed FY 2019 budget for various Pavement Management Program projects including this one. Attachments Map City of Tigard Naomi " "v __ in ament Mana ementPro ram Alli '41- 1 i, _ BROGKMAN-ST lairItillkii A« O,SO�Slurry Seal � ,B AVER O ' - TAYLORSFERRY-RO� Overlay � � +! I1 Memo W II k a 0 ,„,4( Ifil WEIR-RD ��_ 'IP iota NMIN Af41i. \ `Z li& vs9 4:\ 0 11111%.1111 a 1 174 m 1 1 II 1 I 141 I I re I* 9.4 , aP OW 1110011111 111, . NI Q % IIII A '',,, mai >� A POMONA-ST sr,tok ..\ip •iiiii. zg diromp. 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Business Meeting Meeting Date: 05/22/2018 Length (in minutes): 5 Minutes Agenda Title: Consider Award of Contract for 2018 Pavement Management Program Preventative Maintenance Prepared For: Joseph Barrett Submitted By: Joseph Barrett,Finance and Information Services Item Type: Motion Requested Meeting Type: Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract for the preventative maintenance (slurry seal) portion of the city's 2018 Pavement Management Program to Intermountain Slurry Seal,Inc.? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award a contract for the 2018 Pavement Management Program Preventative Maintenance (slurry seal) project to Intermountain Slurry Seal,Inc. in the amount of $910,839 and further authorize the City Manager to take the necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY The yearly Pavement Management Program(PMP) protects the city's investment in street infrastructure. The program typically includes a combination of minor maintenance projects (slurry seal applications) and major maintenance and rehabilitation projects (pavement overlays). In a preventative maintenance (slurry seal) project,a coating of oil mixed with sand is applied to the surface of the street as cost-effective means of pavement preservation. Slurry seals typically add 5 to 10 years of pavement life for a street. Work under the project will include: *Application of slurry seal on residential streets •Application of pavement striping and markings on residential streets •Temporary signage,protection,and traffic control •Installation of crack seal on city streets •Performance of additional and incidental work as called for by the specifications and plans. The city issued an Invitation to Bid for the project on April 18,2018 and published notice in the Daily Journal of Commerce and in The Tigard Times. At closing on May 1st, the city received a bid from just a single contractor: •Intermountain Slurry Seal,Inc. -$910,839 •Engineer's Estimate-$875,688 Staff has reviewed the bids and determined that Intermountain Slurry Seal,Inc. has submitted a responsible bid. Intermountain Slurry Seal has no State of Oregon Contractor Construction Board violations and is not on the Bureau of Labor and Industries ineligible list. As such, staff recommends an award for the city's PMP preventative maintenance contract to them for the work totaling$910,839. This amount is within the FY 2019 proposed budget for total PMP work for the year. OTHER ALTERNATIVES The Local Contract Review Board may direct staff to resolicit the work and not award this contract. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board is being presented this contract award item. Fiscal Impact Cost: $910,839 Budgeted (yes or no): Proposed Where budgeted?: Street Maintenance Fund Additional Fiscal Notes: The proposed contract is for$910,839. Appropriations totaling$2.7 million in construction projects are in the proposed FY 2019 budget for various Pavement Management Program projects including this one. Attachments Map City of Tigard � _. samr..... 1 N 2018 Pavement,„...............jr,,,,y�i�� . >a �Management Program i� 1 iiiimmitparvirs „,,. BROCKMAN-ST Lk irsi rfr �« r Slurry Seal o�S°�B AVER O � • I 011171Plimi_ 1111 TAYLORS FERRYROIIMII Overlay IL,: ' jW II 4 ■ z. WEIR-RD T44P hi II S ao ,0,0,9 7\ �i 1014111 �a in Illii A (05, . . 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Business Meeting Meeting Date: 05/22/2018 Length (in minutes): 5 Minutes Agenda Title: Consider Award of Contract for Police Records Management System Prepared For: Joseph Barrett Submitted By: Joseph Barrett,Finance and Information Services Item Type: Motion Requested Meeting Type: Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract for the Mark43 police records management system to Insight Public Sector? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award a purchase for the Mark43 police records management system to Insight Public Sector in the amount of$259,200 over the next five years and authorize the City Manager to take the necessary steps to execute the purchase. KEY FACTS AND INFORMATION SUMMARY The Tigard Police Department's (Tigard PD) current Records Management System (RMS) is a Versaterm product owned by the Portland Police Bureau and managed by the Regional Justice Information Network user group (RegJIN). An RMS aggregates information based on data collected from officer reports (including crime and accident reports) and makes it available via real-time inquires to officers, command staff as well as records and other identified support staff.Tigard has utilized this RMS since April 2015. While implementation of the RegJIN managed system expanded Tigard PD's data sharing capacity among the member agencies,there been significant issues surrounding the system that has led the Police Department to look at moving away from it. These issues include: •Failure of the system to reach the promised user efficiencies, •Significant delays in upgrades to the system,and •Lack of cost containment-member agencies in the RegJIN system are looking at annual 10% fee increases for the foreseeable future. These issues have already led to an exodus of Washington County agencies from the RegJIN system including Tualatin,Sherwood,Forest Grove. Other agencies in the County,including the Sheriffs Office,Beaverton Police,and Hillsboro Police,will remain with the Versaterm product for the next few years as an interim solution,but they are leaving the RegJIN user group structure and will manage a Versaterm contract directly. This option will not address Tigard PD's concerns with the technology capabilities nor may it be possible with current staffing levels to manage the system independently. All of the issues along with the partnering agencies changes has led the Tigard PD to examine replacement options for the RegJIN managed system. Through attendance at various product demonstrations and extensive discussions with several existing customers, staff has determined that the Mark43 RMS solution is the right fit for the Tigard PD. The Mark43 platform includes the following benefits: •A more customizable product with increased end-user efficiencies •Ability to share data within all Mark43 jurisdictions •A $95,000 price savings as compared to RegJIN over the same five year timeframe •Stable pricing for the contract term Tualatin,Sherwood and Forest Grove are transitioning to Mark43 along with other jurisdictions within Clackamas County. Separate data sharing arrangements will need to be created with multiple agencies but this would be the case even if the Tigard PD stayed with the Versaterm system. If the Tigard PD moves to the Mark 43 system agreement will need to be in place with the Versaterm system users,if Tigard PD stays with the Versaterm system agreements will need to be in place with the Mark 43 system users. The Mark43 is available to the City through the use of the permissive cooperative purchase process by was of the US Communities Government Purchasing Alliance. This a is a nationwide purchasing cooperative and under Tigard's Public Contracting Rules and Oregon Revised Statute 279A.215,the city is able to make a purchase against one of their contracts without conducting its own full Request for Proposal process. Insight Public Sector holds the US Communities contract for Mark 43 (Contract No. 4400006644) and as such would receive the city's purchase request for the software. Staff is recommending a contract be awarded under this permissive cooperative purchase exemption. Staff is recommending a five (5)year contract. The annual cost for the Mark43 software is $51,840 for a five-year total of$259,200. OTHER ALTERNATIVES The Local Contract Review Board may reject this purchase and direct staff to continue evaluating alternate RMS options. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board has discussed this contract. Fiscal Impact Cost: $259,200 Budgeted (yes or no): Yes Where budgeted?: General Fund Additional Fiscal Notes: The annual cost is $51,840 with a total contract cost over the five (5) year term of$259,200. Contract pricing is stable up to 79 sworn officers,currently Tigard has 72 sworn officers in the budget. If Tigard expands to 80 or more sworn officers,an additional$720 per officer will be added per year to the annual cost. Attachments No file(s)attached. AIS-3520 10. Business Meeting Meeting Date: 05/22/2018 Length (in minutes): 10 Minutes Agenda Title: Legislative Public Hearing- Consider Amendment to TMC Chapter 7.42 Chronic Nuisance Property Prepared For: James McDonald,Police Submitted By: Carol Krager,Central Services Item Type: Ordinance Meeting Type: Council Business Meeting Public Hearing-Legislative -Main Public Hearing: Yes Publication Date: Information ISSUE Shall the Tigard City Council amend Tigard Municipal Code 7.42 to add the requirement for a Chronic Nuisance Abatement Plan? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the ordinance. KEY FACTS AND INFORMATION SUMMARY The current ordinance only allows for the enforcement of specific,but limited,violations of law. With the addition of a Chronic Nuisance Abatement Plan (CNAP) the City would be able to work with property owners and/or their responsible parties on a plan to abate any described violations. In doing so the Chief of Police has the opportunity to assist in the process of correcting the nuisance. If the property owner or responsible party does not respond they would then be in violation of the ordinance. Other Oregon communities have enacted such ordinances and have seen positive results. There are currently properties in the City where it would be useful to have this provision in order to work with the citizen to abate their problems. In adding this section the City works with the citizen affording the opportunity for correction. Once a plan is in place the citizen is then held accountable for making sure the plan is implemented and completed. Plans will include benchmarks that will need to be met or they will be found in violation of the code. In amending the ordinance we can correct the problem without repeated citations into Municipal Court with no plan to correct the problem. OTHER ALTERNATIVES Council can decide not to make the change to the ordinance. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION None Attachments Ordinance Exhibit A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 7.42 TO PROVIDE FOR THE REQUIREMENT OF A CHRONIC NUISANCE ABATEMENT PLAN AND CLARIFY ENFORCEMENT PROCEDURES AND DECLARING AN EMERGENCY WHEREAS, Tigard Municipal Code Chapter 7.42, the Chronic Nuisance Property Code, currently only provides for enforcement and nuisance abatement through case proceedings in the City's municipal court;and WHEREAS, other cities have had success avoiding court appearances and abating the chronic nuisances by requiring a Chronic Nuisance Abatement Plan as part of their enforcement process;and WHEREAS,the goal of the Chronic Nuisance Abatement Plan is to provide for a formal dialogue between the responsible party and the Tigard Police Department to identify ways to abate the nuisance and to do so prior to a court action, thereby saving City resources and also allowing the responsible parties to avoid potential legal costs and having to appear in court;and WHEREAS, the City wishes to add a requirement for a Chronic Nuisance Abatement Plan and clarify enforcement procedures related to chronic nuisance properties in the City. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: • SECTION 1: Tigard City Council amends Chapter 7.42 of the Tigard Municipal Code as shown in the attached Exhibit "A" (additional language is shown in underline and deleted text is shown inketltrettgh)• SECTION 2: This ordinance provides an essential tool, to both the City and responsible parties, for responding to chronic nuisances that is necessary to protect the general health, safety, and welfare of the community. An emergency is therefore declared and this ordinance shall be effective immediately upon passage and signature by the Mayor. PASSED: By vote of all council members present after being read by number and title only,this day of ,2018. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2018. John L. Cook,Mayor ORDINANCE No. 18- Page 1 Approved as to form: City Attorney Date ORDINANCE No. 18- Page 2 AGENDA ITEM No. 10 Date: May 22, 2018 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER AMENDMENT TO TMC CHAPTER 7.42 CHRONIC NUISANCE PROPERTY This is a City of Tigard public meeting,subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 10 Date: May 22, 2018 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-3401 11. Business Meeting Meeting Date: 05/22/2018 Length (in minutes): 10 Minutes Agenda Title: Legislative Public Hearing-Consider Amendment to TMC Chapter 6.01 -Nuisance Definitions Prepared For: Ken Ross,Community Development Submitted By: Ken Ross, Community Development Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance -Main Public Hearing: Yes Publication Date: Information ISSUE Shall Tigard City Council adopt an ordinance to amend Tigard Municipal Code Chapter 6.01.020 to add a definition of"inoperable vehicle"? STAFF RECOMMENDATION /ACTION REQUEST Adopt the ordinance amending Tigard Municipal Code Chapter 6.01.020. KEY FACTS AND INFORMATION SUMMARY The attached ordinance amends Tigard Municipal Code (TMC) Chapter 6.01.020 to add a definition of "inoperable vehicle."The Code does not currently define "inoperable vehicle." Code compliance is complaint driven and typically involves investigating and responding to long-standing code violations involving the storage of inoperable (junk) vehicles. Code enforcement problems associated with not defining"inoperable vehicle"include the following: 1.Difficulty determining whether the vehicle in question is inoperable. 2.Violators moving inoperable vehicles from private property to the city street and back again after receiving warnings from Tigard Police,creating a continuous cycle of shuffling inoperable vehicles back and forth between private and public property. 3.Vehicles without current state vehicle license or tags are not drivable and make removal more difficult. By adding the following definition in Tide 6 of the Tigard Municipal Code and including vehicles without current state vehicle license or tags,the City's code compliance officers will be better able to assist with the detection and removal of abandoned or inoperable vehicles from the community and further enhance Tigard's walkability. "Inoperable vehicle"means any vehicle which does not display a current state vehicle license or tags,which cannot be moved without being either repaired or dismantled,or which is no longer safely usable for the purposes for which it was manufactured. OTHER ALTERNATIVES Council could choose not to approve the ordinance and the TMC would remain unchanged. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Improve Tigard walkability and abate nuisances affecting public health, safety,and peace. DATES OF PREVIOUS COUNCIL CONSIDERATION Council has not considered these updates before. Attachments Ordinance TMC 6.01 Exhibit A-Proposed TMC 6.01 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- AN ORDINANCE AMENDING CHAPTER 6.01 OF THE TIGARD MUNICIPAL CODE, RELATING TO THE DEFINITION OF INOPERABJ.F VEHICLES. WHEREAS,the Tigard Municipal Code,in Chapter 6.02, currently regulates storage of inoperable vehicles,but does not define this term;and WHEREAS,the lack of a definition has made enforcement difficult and WHEREAS,this amendment adds a definition of inoperable vehicle to the City's Nuisance Code in Chapter 6.01;and WHEREAS,the Tigard City Council has determined that the proposed code amendment is in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 6.01.020 is amended as shown in "Exhibit A" to this Ordinance (additional language is shown in underline and deleted text is shown in ). SECTION 2: This Ordinance shall be effective 30 days after passage of this Ordinance by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and tide only,this _ day of ,2018. Carol Krager, City Recorder APPROVED: By Tigard City Council this day of ,2018. John L. Cook,Mayor ORDINANCE No. 18- Page 1 Approved as to form: City Attorney Date ORDINANCE No. 18- Page 2 Exhibit "A" TIGARD MUNICIPAL CODE Excerpt of and, regarding items confiscated in violation of Chapter 6.01 GENERAL PROVISIONS Sections 6.03.010 and 6.03.020, all expenses AND PENALTIES incurred and charges associated with the removal, storage, detention, processing, disposition and 6.01.020 Definitions maintenance thereof. As used in this title: F. "Dangerous building"means: A. "Abandoned personal property" means 1. A structure that, for want of proper any personal property, as the term is defined in repairs, by reason of age and dilapidated this title, which has been discarded, deserted or condition, by reason of poorly installed electrical relinquished. wiring or equipment, defective chimney, defective gas connection, defective heating apparatus or for Personal property shall be considered any other cause or reason, is especially liable to abandoned if any of the following conditions fire, and that is so situated or occupied as to exist: endanger any other building or property or human life; 1. Personal property is left unattended in the right-of-way for more than five hours; 2. A structure containing combustible or explosive material, rubbish, rags, waste, oils, 2. Personal property is placed in the gasoline or flammable substance of any kind, right-of-way in a location or manner as to especially liable to cause fire or danger to the constitute a potential, imminent or immediate safety of the building,premises,or to human life; hazard or obstruction to pedestrian or vehicular traffic or to otherwise pose a threat to public 3. A structure that is kept or health, safety or welfare. maintained or is in a filthy or unsanitary condition, especially liable to cause the spread of B. "Abate" means to restore a property to contagious or infectious disease or diseases; its condition prior to the infraction, or similar 4. A structure in such weak, condition that is free of the subject infractions. In weakened,dilapidated or deteriorated condition as the case of graffiti, "abate" means to remove to endanger any person or property due to a graffiti from the public view. probability of partial or entire collapse. C. "City manager" means the city manager G. "Dispose of/disposal" means to get rid or designee. of and includes sell, auction, donate, destroy, repurpose and recycle. D. "Civil infraction" or "infraction" means the failure to comply with a provision of this title. H. "Graffiti" means any inscription, word, figure or design that is marked, etched, scratched, E. "Costs"means all expenses incurred and drawn or painted on any surface with paint, ink, charges associated with any action taken by the chalk, dye, other similar substance or placement city under this title including, but not limited to, of stickers or appliques, regardless of content, the cost to the public of the staff time invested 6-01-1 Code Update: 4/13 Exhibit "A" TIGARD MUNICIPAL CODE without authorization from the responsible party 3. Poison oak, poison ivy or similar for the property. vegetation; I. "Graffiti nuisance property" means a 4. Vegetation that is likely to cause property upon which graffiti has been placed and fire; for which a letter of complaint or notice of 5. Blackberry bushes that extend into violation has been sent to the responsible party for a right-of-way or across a property line; the property consistent with Chapter 1.16 and on 6. Vegetation that is a health hazard; which the graffiti has been allowed to remain for more than the length of time specified in the letter 7. Vegetation that is a health hazard or notice. because it impairs the view of the right-of-way or otherwise makes use of the right-of-way J. "Inoperable vehicle" means any vehicle hazardous; which does not display a current state vehicle license or tags, which cannot be moved without 8. Any of the following invasive and being either repaired or dismantled, or which is no noxious plants: Hedera helix L. (English ivy), longer safely usable for the purposes for which it Heracleum mantegazzianum (giant hogweed), was manufactured. Lythrum salicaria L. (purple loosestrife), Polygonum cuspidatum (Japanese knotweed), K . "Junk" means items that have no Rubus discolor(Himalayan blackberry); apparent utility or are in an unsanitary condition. 9. "Noxious vegetation" does not LK. "Noise-sensitive unit" shall include any include vegetation that constitutes an agricultural building or portion of a building containing a crop, unless that vegetation is a health hazard, a residence, place of overnight accommodation, fire hazard or a traffic hazard, and it is vegetation church, day care center, hospital, school or within the meaning of this subsection. nursing care center. For the purpose of this definition, "residence" and "overnight NM."Occupant" means any person, tenant, accommodation" do not include living/sleeping sub-lessee, successor or assignee that has control quarters of a caretaker or watchperson on over property. industrial or commercial property provided by the owner or operator of the industrial or commercial ON. "Owner"means any person, agent, firm, facility. corporation, unincorporated association, partnership, limited liability company or other Mb."Noxious vegetation"means: entity having a legal or equitable interest in or a claim to a property and includes,but is not limited 1. Weeds more than 10 inches high; to, a mortgagor in possession, an occupant, or a person, agent, firm or corporation that owns or 2. Grass more than 10 inches high and exercises control over items of property including not within the exception stated in paragraph 9 of abandoned personal property or a sign confiscated this subsection; pursuant to this chapter. 6-01-2 Code Update: 4/13 Exhibit "A" TIGARD MUNICIPAL CODE P9. "Permit" means to knowingly allow, 2. An entity or person acting as an suffer or acquiesce by any failure, refusal or agent for an owner by agreement that has neglect to abate. authority over the property, is responsible for the property's maintenance or management, or is QP. "Person" means an individual human responsible for abating or remedying a nuisance; being and may also refer to a firm, corporation, unincorporated association, partnership, limited 3. Any person occupying the liability company, trust, estate or any other legal property, including bailee, lessee, tenant or other entity. person having possession; RQ. "Personal property" means tangible 4. The person who is alleged to have items,other than signs, as defined in this title,and committed the acts or omissions, created or vehicles which are reasonably recognizable as allowed the condition to exist,or placed the object belonging to individual persons and which have or allowed the object to exist on the property; or apparent utility. 5. A foreclosure or bankruptcy SR. "Plainly audible" means any sound for trustee. which the information content of that sound is unambiguously communicated to the listener, There may be more than one party including but not limited to, understandable responsible for a particular property. spoken speech, comprehensible musical rhythms or vocal sounds. W3L."Right-of-way" means a strip of land or structure occupied or intended to be occupied by a TS. "Premises open to the public" means all street, crosswalk,pedestrian or bike path, railroad, public spaces including,but not limited to, streets, road,electric transmission line,oil or gas pipeline, alleys, sidewalks, parks, rights-of-way and public water main, sanitary or storm sewer main, street open space, and private property onto which the trees or other special use and all other public ways public is regularly invited or permitted to enter for and areas managed by the city. any purpose. XW."Sign" means any materials placed or UT. "Property" means any real or personal constructed primarily to convey a message or property including, but not limited to, items other display and which can be viewed from the affixed or appurtenant to real property or right-of-way, another property or from the air premises, house, building, fence or structure and including any outdoor sign, display, light, device, items of machinery, drop boxes, waste containers, figure, painting, drawing, message, plaque, poster utility poles and vaults and post office collection or other thing designed, intended or used to boxes. advertise or inform. VU. "Responsible party" means any of the YX. "Unauthorized" means without consent following: of the owner, occupant or responsible party. 1. An owner; 6-01-3 Code Update: 4/13 Exhibit "A" TIGARD MUNICIPAL CODE ZY. "Unnecessarily loud" means any sound that interferes with normal spoken communication or that disturbs sleep. AAZ. "Violation" means failure to comply with a requirement imposed directly or indirectly by this title and may also mean civil infraction or infraction. (Ord. 12-11 §1; Ord. 12- 02 §1) 6-01-4 Code Update: 4/13 AGENDA ITEM No. 11 Date: May 22, 2018 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER AMENDMENT TO TMC CHAPTER 6.01 - DEFINITIONS This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. '/ ( Date: May 22, 2018 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Pe A>AI S W01-2 � u ts',4 u ct 11/0A cdc.) /3 q9� S� 42S T,y,,,L,/Ote 'WV Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-3521 12. Business Meeting Meeting Date: 05/22/2018 Length (in minutes): 10 Minutes Agenda Title: Legislative Public Hearing- Consider Amendment to TMC Chapter 6.02.220 Regarding Open Storage of Junk Vehicles Submitted By: Carol Krager,Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance -Main Public Hearing: Yes Publication Date: Information ISSUE Shall Tigard City Council adopt an ordinance to amend Tigard Municipal Code Chapter 6.02.220,regarding open storage of junk vehicles? STAFF RECOMMENDATION /ACTION REQUEST Adopt the ordinance amending Tigard Municipal Code Chapter 6.02.220. KEY FACTS AND INFORMATION SUMMARY The attached ordinance amends Tigard Municipal Code (TMC) Chapter 6.02.220 regarding the open storage of junk,and removes a provision that allows open storage of inoperable vehicles for 10 days. Code compliance is complaint driven and typically involves investigating and responding to long-standing code violations involving the storage of inoperable (junk) vehicles. Code enforcement problems associated with allowing 10 days of inoperable vehicle storage include the following: 1.Difficulty determining whether the vehicle in question is inoperable. 2.Difficulty determining when the 10-day storage period begins and ends. 3.Complainants and respondents not understanding how long inoperable vehicles can be stored. 4.Violators using the 10-day storage period to circumvent enforcement by moving inoperable vehicles from private property to the city street and back again after receiving warnings from Tigard Police, creating a continuous cycle of shuffling inoperable vehicles back and forth between private and public property. 5.Respondents interpreting code investigation time as part of the 10-day time period of allowable inoperable vehicle storage. The 10-day inoperable vehicle storage allowance is unnecessary,excessive, difficult to track and enforce,and convolutes the enforcement process. Updating the code by disallowing open storage of inoperable vehicles would streamline and enhance the code enforcement process and improve Tigard walkability. OTHER ALTERNATIVES Council could choose to not approve the ordinance and the TMC would remain unchanged. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Improve Tigard walkability and abate nuisances affecting public health,safety,and peace. DATES OF PREVIOUS COUNCIL CONSIDERATION Council has not considered these updates before. Attachments Exhibit A-Proposed TMC 6.02 Ordinance TMC 6.02 AgendaQuick©2005-2018 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- AN ORDINANCE AMENDING CHAPTER 6.01 OF THE TIGARD MUNICIPAL CODE, RELATING TO THE DEFINITION OF INOPERABLE VEHICLES. WHEREAS, the Tigard Municipal Code,in Chapter 6.02, currently regulates storage of inoperable vehicles,but does not define this term;and WHEREAS, the lack of a definition has made enforcement difficult; and WHEREAS,this amendment adds a definition of inoperable vehicle to the City's Nuisance Code in Chapter 6.01; and WHEREAS, the Tigard City Council has determined that the proposed code amendment is in the best interest of the City of Tigard. NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 6.01.020 is amended as shown in "Exhibit A" to this Ordinance (additional language is shown in underline and deleted text is shown in ). SECTION 2: This Ordinance shall be effective 30 days after passage of this Ordinance by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of ,2018. Carol Krager, City Recorder APPROVED: By Tigard City Council this day of ,2018. John L. Cook,Mayor ORDINANCE No. 18- Page 1 Approved as to form: City Attorney Date ORDINANCE No. 18- Page 2 Exhibit "A" TIGARD MUNICIPAL CODE Excerpt of and, regarding items confiscated in violation of Chapter 6.01 GENERAL PROVISIONS Sections 6.03.010 and 6.03.020, all expenses AND PENALTIES incurred and charges associated with the removal, storage, detention, processing, disposition and 6.01.020 Definitions maintenance thereof. As used in this title: F. "Dangerous building"means: A. "Abandoned personal property" means 1. A structure that, for want of proper any personal property, as the term is defined in repairs, by reason of age and dilapidated this title, which has been discarded, deserted or condition, by reason of poorly installed electrical relinquished. wiring or equipment, defective chimney, defective gas connection, defective heating apparatus or for Personal property shall be considered any other cause or reason, is especially liable to abandoned if any of the following conditions fire, and that is so situated or occupied as to exist: endanger any other building or property or human life; 1. Personal property is left unattended in the right-of-way for more than five hours; 2. A structure containing combustible or explosive material, rubbish, rags, waste, oils, 2. Personal property is placed in the gasoline or flammable substance of any kind, right-of-way in a location or manner as to especially liable to cause fire or danger to the constitute a potential, imminent or immediate safety of the building,premises, or to human life; hazard or obstruction to pedestrian or vehicular traffic or to otherwise pose a threat to public 3. A structure that is kept or health,safety or welfare. maintained or is in a filthy or unsanitary condition, especially liable to cause the spread of B. "Abate" means to restore a property to contagious or infectious disease or diseases; its condition prior to the infraction, or similar 4. A structure in such weak, condition that is free of the subject infractions. In weakened, dilapidated or deteriorated condition as the case of graffiti, "abate" means to remove to endanger any person or property due to a graffiti from the public view. probability of partial or entire collapse. C. "City manager" means the city manager G. "Dispose of/disposal" means to get rid or designee. of and includes sell, auction, donate, destroy, repurpose and recycle. D. "Civil infraction" or "infraction" means the failure to comply with a provision of this title. H. "Graffiti" means any inscription, word, figure or design that is marked, etched, scratched, E. "Costs"means all expenses incurred and drawn or painted on any surface with paint, ink, charges associated with any action taken by the chalk, dye, other similar substance or placement city under this title including, but not limited to, of stickers or appliques, regardless of content, the cost to the public of the staff time invested 6-01-1 Code Update: 4/13 Exhibit "A" TIGARD MUNICIPAL CODE without authorization from the responsible party 3. Poison oak, poison ivy or similar for the property. vegetation; I. "Graffiti nuisance property" means a 4. Vegetation that is likely to cause property upon which graffiti has been placed and fire; for which a letter of complaint or notice of 5. Blackberry bushes that extend into violation has been sent to the responsible party for a right-of-way or across a property line; the property consistent with Chapter 1.16 and on 6. Vegetation that is a health hazard; which the graffiti has been allowed to remain for more than the length of time specified in the letter 7. Vegetation that is a health hazard or notice. because it impairs the view of the right-of-way or otherwise makes use of the right-of-way J. "Inoperable vehicle" means any vehicle hazardous; which does not display a current state vehicle license or tags, which cannot be moved without 8. Any of the following invasive and being either repaired or dismantled, or which is no noxious plants: Hedera helix L. (English ivy), longer safely usable for the purposes for which it Heracleum mantegazzianum (giant hogweed), was manufactured. Lythrum salicaria L. (purple loosestrife), Polygonum cuspidatum (Japanese knotweed), KJ. "Junk" means items that have no Rubus discolor(Himalayan blackberry); apparent utility or are in an unsanitary condition. 9. "Noxious vegetation" does not LK. "Noise-sensitive unit" shall include any include vegetation that constitutes an agricultural building or portion of a building containing a crop, unless that vegetation is a health hazard, a residence, place of overnight accommodation, fire hazard or a traffic hazard, and it is vegetation church, day care center, hospital, school or within the meaning of this subsection. nursing care center. For the purpose of this definition, "residence" and "overnight M."Occupant" means any person, tenant, accommodation" do not include living/sleeping sub-lessee, successor or assignee that has control quarters of a caretaker or watchperson on over property. industrial or commercial property provided by the owner or operator of the industrial or commercial ON. "Owner"means any person, agent, firm, facility. corporation, unincorporated association, partnership, limited liability company or other MI,."Noxious vegetation"means: entity having a legal or equitable interest in or a claim to a property and includes,but is not limited 1. Weeds more than 10 inches high; to, a mortgagor in possession, an occupant, or a person, agent, firm or corporation that owns or 2. Grass more than 10 inches high and exercises control over items of property including not within the exception stated in paragraph 9 of abandoned personal property or a sign confiscated this subsection; pursuant to this chapter. 6-01-2 Code Update:4/13 Exhibit "A" TIGARD MUNICIPAL CODE PO. "Permit" means to knowingly allow, 2. An entity or person acting as an suffer or acquiesce by any failure, refusal or agent for an owner by agreement that has neglect to abate. authority over the property, is responsible for the property's maintenance or management, or is QP. "Person" means an individual human responsible for abating or remedying a nuisance; being and may also refer to a firm, corporation, unincorporated association, partnership, limited 3. Any person occupying the liability company, trust, estate or any other legal property, including bailee, lessee, tenant or other entity. person having possession; RQ. "Personal property" means tangible 4. The person who is alleged to have items,other than signs, as defined in this title,and committed the acts or omissions, created or vehicles which are reasonably recognizable as allowed the condition to exist,or placed the object belonging to individual persons and which have or allowed the object to exist on the property; or apparent utility. 5. A foreclosure or bankruptcy SR. "Plainly audible" means any sound for trustee. which the information content of that sound is unambiguously communicated to the listener, There may be more than one party including but not limited to, understandable responsible for a particular property. spoken speech, comprehensible musical rhythms or vocal sounds. WV."Right-of-way" means a strip of land or structure occupied or intended to be occupied by a T;3. "Premises open to the public" means all street, crosswalk,pedestrian or bike path, railroad, public spaces including,but not limited to, streets, road,electric transmission line,oil or gas pipeline, alleys, sidewalks, parks, rights-of-way and public water main, sanitary or storm sewer main, street open space, and private property onto which the trees or other special use and all other public ways public is regularly invited or permitted to enter for and areas managed by the city. any purpose. XW."Sign" means any materials placed or UT. "Property" means any real or personal constructed primarily to convey a message or property including, but not limited to, items other display and which can be viewed from the affixed or appurtenant to real property or right-of-way, another property or from the air premises, house, building, fence or structure and including any outdoor sign, display, light, device, items of machinery, drop boxes, waste containers, figure, painting, drawing, message, plaque, poster utility poles and vaults and post office collection or other thing designed, intended or used to boxes. advertise or inform. U. "Responsible party" means any of the YX. "Unauthorized" means without consent following: of the owner,occupant or responsible party. 1. An owner; 6-01-3 Code Update: 4/13 Exhibit "A" TIGARD MUNICIPAL CODE Z . "Unnecessarily loud" means any sound that interferes with normal spoken communication or that disturbs sleep. AAZ. "Violation" means failure to comply with a requirement imposed directly or indirectly by this title and may also mean civil infraction or infraction. (Ord. 12-11 §1; Ord. 12- 02 §1) 6-01-4 Code Update: 4/13 1 ,+ AGENDA ITEM No. 12 Date: May 22, 2018 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER AMENDMENT TO TMC CHAPTER 6.02.022 REGARDING OPEN STORAGE OF JUNK This is a City of Tigard public meeting,subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 12 Date: May 22, 2018 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.