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City Council Packet - 06/26/2018 IN • City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY Revised 6/25/18 to update estimated times of agenda items and add Study Session Item A- Consider City Council Vacancy MEETING DATE AND TIME: June 26,2018 - 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 heard 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.tigard-or.gov/citv hall/council meeting.oho 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. 11114 _ " Cit-. of Tigard Tigard Business Meeting—Agenda TIGARD p TIGARD CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY Revised 6/25/18 to update estimated times of agenda items and add Study Session Item A-Consider City Council Vacancy MEETING DATE AND TIME: June 26,2018 -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 A. CONSIDER CITY COUNCIL VACANCY 6:30 p.m. estimated time B. COUNCIL LIAISON REPORTS 7:00 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 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Citizen Communication—Sign Up Sheet 3. 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. PROCLAIM JULY AS PARKS AND RECREATION MONTH B. RECEIVE AND FILE: 1. Abstract of Votes for City of Tigard Measure in the May 15,2018 Election •Consent Agenda-items Removed for Separate Discussion:Aqy items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council!City Center Development Agency has voted on those items which do not need discussion. 4. CONSIDERATION OF RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUE 7:35 p.m. estimated time 5. INFORMATIONAL PUBLIC HEARING: CONSIDERATION OF RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING 7:45 p.m. estimated time 6. INFORMATIONAL PUBLIC HEARING: CONSIDER ADOPTION OF MASTER FEES AND CHARGES SCHEDULE REPLACING RESOLUTION NO. 17-27 AND SUBSEQUENT AMENDMENTS 7:55 p.m. estimated time 7. INFORMATIONAL PUBLIC HEARING: ADOPTION OF THE BUDGET,MAKING APPROPRIATIONS,DECLARING THE AD VALOREM TAX LEVY AND CLASSIFYING THE LEVY AS PROVIDED 8:10 p.m. estimated time CONVENE TOWN CEN 1ER DEVELOPMENT AGENCY- 8. TCDA INFORMATIONAL PUBLIC HEARING: ADOPTION OF THE TCDA FY 2019 BUDGET WITH ADJUSTMENTS,MAKE APPROPRIATIONS,AND IMPOSE AND CATEGORIZE TAXES 9:10 p.m. estimated time RECONVENE CITY COUNCIL- 9. NON AGENDA ITEMS 10. 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. 11. ADJOURNMENT 9:20 p.m. estimated time ii City of Tigard Tigard City Council Meeting Agenda T I GARD June 26, 2018 CITY COUNCIL STUDY SESSION A. CONSIDER CITY COUNCIL VACANCY 6:30 p.m. estimated time City Manager Wine will present this item. B. COUNCIL LIAISON REPORTS 7:00 p.m. estimated time 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 Sessions may be held for the purpose of taking any final action or making any final action or making any final decision. Executive Sessions are closed to the public. Council Meeting Calendar June ---. ' -- ' - Cancelled 12* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 19* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 26* Tuesday Council Business Meeting—6:30 p.m.,Town Hall July 3* Tuesday Council Buainess Meeting 6:30 p.m.,Town Hall- Cancelled 4 Wednesday Fourth of July Holiday, City Hall and Library Closed 10* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 17* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 24* Tuesday Council Business Meeting—6:30 p.m.,Town Hall August 7* Tucaday Cenneil Bus. Meeting Cancelled,National Night Out 14* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 21* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 28* Tuesday Council Business Meeting—6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk (*). AIS-3557 A. Business Meeting Meeting Date: 06/26/2018 Length (in minutes): 30 Minutes Agenda Title: CONSIDER CITY COUNCIL VACANCY Prepared For: Marty Wine, City Management Submitted By: Marty Wine, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. Public Hearing: No Publication Date: Information ISSUE How will the City Council choose to fill the Council vacancy that will result from the resignation submitted by Council President Jason Snider effective December 27, 2018? STAFF RECOMMENDATION / ACTION REQUEST This is an item for Council discussion. No action is requested. KEY FACTS AND INFORMATION SUMMARY On June 4, 2018 the City received notification of Council President Jason Snider's irrevocable resignation effective December 27, 2018. The resignation was submitted in accordance with Tigard City Charter Chapter III, Section 7, which states in part, "No person who is serving as Mayor or councilor shall become a candidate for any City office for a term which would be concurrent with the term in office then held unless that person first submits a written resignation from the then current office at the time of filing for the other office." Council President Snider filed for the office of Mayor at the time he submitted his resignation. City Attorney Rihala has provided a memo to the City Council regarding the options for filling the remainder of Councilor Snider's term. Council may choose election or appointment as an option to fill the vacancy. Council will need to take action in a public meeting to determine which course it chooses. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS City of Tigard Charter - Chapter III, Section 7 and 8 TMC 2.40.030(1) and (3) DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time this matter has been considered by the City Council. Attachments City Am,Memo Elections Letter of Resignation from Council President Snider 71 I " City of Tigard TIGARD Memorandum To: City Council From: Shelby Rihala Re: Council and Mayoral Elections Date: June 4, 2018 The purpose of this memo is to respond to questions regarding the City's Charter and Code requirements related to elections for Mayor and Council. It also provides historical context about how past Councils have dealt with similar circumstances. I. Resignation Requirement Section 7 of the City's Charter states, "No person who is serving as Mayor or councilor shall become a candidate for any City office for a term which would be concurrent with the term in office then held unless that person first submits a written resignation from the then current office at the time of filing for the other office." The resignation may not be withdrawn, but it may be effective at a later date, so long as the date is prior to the start of the term for which that person is running as a candidate. In other words,because the next Mayor's term will start January 1,2019, the resignation of any Councilor running for Mayor will need be effective on or before December 31, 2018. According to the Charter, the resignation must be submitted "at the time of filing for the other office." The Charter does not define what constitutes "filing." TMC Chapter 2.40 provides some guidance,but it is internally conflicting. Section 2.40.030(1) reiterates the Charter's language and provides that any Councilperson filing for Mayor must submit a resignation "at the time of filing." However, Section 2.40.030(3) provides a slightly different timeline. The Code requires a person filing for office with the City to submit a petition to the City Recorder, along with a fee. The City Recorder then verifies the signatures and provides a form to the nominee stating that the correct number of signatures have been submitted and are valid. In TMC 2.40.030(3), the Code provides that the nominee has five days after receiving that form from the City Recorder to accept or decline the nomination and, "if the nominee is a councilperson whose term would be concurrent with that of Mayor, the nominee shall submit a letter of resignation as required by the Charter." Like the Charter, the Code does not define what "filing" means. The closest explanation seems to be in TMC 2.40.010(3) which says that the nominee must pay the fee "at the time of filing the completed nomination petition form with the City Recorder." Thus,it appears that"filing" means providing the completed petition to the City Recorder along with paying the fee,not receiving verification of the signatures and not accepting the nomination. A Councilor filing for Mayor must therefore submit his resignation at the time he turns in his completed nominating petition to the City Recorder and pays the fee. The effective date of the resignation may be as late as December 31, 2018. II. Filling Vacancy With the vacancy of Councilor Snider's seat, effective December 27,2018, Council will have several options for filling that seat. Council will need to take action in a public meeting to determine which course it chooses. The options are: 1. Special Election Section 7 of the Charter provides, "In the event the office of Mayor or councilor becomes vacant before the normal expiration of its term a special election may be held at the next available date to fill the office for the unexpired term." Tigard Council has historically focused on the use of the word"may" instead of"shall" and determined that holding a special election is an option,but not a required option. Pursuant to state law,if the City holds a special election,it bears the entire cost of that election. 2. Appointment The Charter also gives the option that, "The Council may appoint a person to fill a vacancy until an election can be held." It does not provide any further details,including how long the appointee may serve. However,past Tigard Councils have not appointed a person for longer than one year. For example: • Jim Griffith was appointed to serve as Mayor from Sept 12, 2000 to the March 2001 election, following the death of Mayor Nicoli in June 2000. Mayor Griffith ran in a special election in March 2001 to finish the remainder of the term, through December 2002. • Craig Dirksen was appointed as Mayor to serve from January 13, 2004 until December 31, 2004, following the death of Mayor Griffith in November 2003. Mayor Dirksen was elected in November 2004 to fill the remainder of the term, through December 2006. • Tom Woodruff was appointed as Councilor in February 2004 to the November 2004 election, following the appointment of Craig Dirksen to Mayor in January 2004. Councilor Woodruff was then elected in November 2004 for a full four-year term,January 2005 through December 2008. A review of Council minutes and discussions surrounding these past vacancies showed a general preference to not fill an unexpired term longer than one year by appointment. However, this is a policy decision and past Council preference does not bind the current Council. Council may fill the vacancy by appointment at any time following December 27, 2018, for any length of time, including filling the remainder of the term, through December 31, 2020. 3. November 2018 General Election Oregon law defines a general election as the election held on the first Tuesday after the first Monday in November of each even-numbered year. A primary election is the third Tuesday in May of each even-numbered year,per ORS 254.056. Any election that is not a primary or general election is a special election. The next non-special election opportunity following the submittal of the resignation will be the November 2018 general election. Therefore, Council could elect to advertise the vacant seat for the November election, to fill the remainder of the unexpired term. The November 2018 ballot would therefore include: • The election of two Councilors to fill two, 4-year terms. • The election of one Councilor to fill the remaining 2 years of Councilor Snider's unexpired term. Candidates would need to indicate for which seat they were running at the time of filing. Mr. Jason Snider 15588 S.W. 76th Avenue Tigard, OR 97224 (503)443-4949 June 4,2018 City of Tigard Attn: Carol Krager, City Recorder 13125 SW Hall Blvd. Tigard,OR 97224 Dear Carol, As you know, I have announced that I am running for Mayor of Tigard in the November 2018 General Election. I have completed my filing paperwork to run today. This letter shall serve as formal notice that I irrevocably resign as a Tigard City Councilor effective December 27,2018 so I can run for mayor. :* cere n Snider Cc: Marty Wine,City Manger John Cook,Mayor Marc Woodard, City Councilor John Goodhouse,City Councilor Tom Anderson, City Councilor AGENDA ITEM NO. 2 B - CITIZEN COMMUNICATION DATE: June 26, 2018 (L;imited'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 of persons 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: Km() 1)0 y c 21 ( J Also,please spell your name as it sounds,if it will ✓ help the presiding officer pronounce: Address ( I S ?q J`t'd City _rek State Zip 61)00e Phone No. 5 D ("("10 S g 1/ Name: ( v\ Pe c Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address (3115- SUV t O ?v Av-c City 1712A State. Zip (1`?7 7-3 Phone No. .5.623 - 5-98 - Oki Name: Kal;Yj(\ */ bR - 101 1S0U.a� Also,please spell your name as Yt sounds, ' it will NACI SuLeOLire S Ind help the presiding officer pronounce: (pAtr •16L'an t Address 05 5\v3 L€ NSA - tio w,nS (0_011VOttl City 1t O,.,�d t LL State Zip (Al 22 3 C`"'t1�ou,('� tc_Ae IQ ls Phone No. '50?) 31 C)s CITIZEN COMMUNICATION I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\2018\citizen communication 180102.doc SUPPLEMENTAL PACKET FOR " a6 --„,76/ (DATE OF MEETING) City Council public comment 6-26-18 Classification of McDonald Street as"Arterial"in Transportation Plan Alan Peck, 13995 SW 102nd Ave. Good evening. My wife and I have lived on the corner of 102nd and McDonald for 25 years. In that time we have seen the traffic go from moderate,to bad,to downright unsafe. We recently sent a letter to the City Manager requesting better speed enforcement and traffic calming. She answered that: • McDonald has been re-classified as an arterial rather than a collector • The City's plan is to eventually double the traffic from the current ii,000 vehicles per day to 2' ocx> vehicles per day.That is about the same as Scholls Ferry between Roy Rogers and Murray. Scholls Ferry is a real arterial street. It has controlled access and signals on side streets, safe crosswalks, curbs and sidewalks and noise barrier walls where residences are close to the street. I have been a civil engineer by profession for 37 years. McDonald Street does not meet any of the criteria for an arterial street. We have talked to police officers about the situation.Two immediate consequences of the re- classification of McDonald as an arterial are: • Police will generally not make a traffic stop unless the driver is going io mph over the limit. • Police generally will not enforce the City's overweight truck ordinance 10.16.051 The result for residents is that a lot of cars and trucks(I have counted up to 30%)are going 45 mph instead of the posted 35. Some cars go 5o to 6o mph. A car going at 45 on McDonald is a hazard for entering traffic, because sight distance is limited from the narrow side streets.A big truck going 45 takes longer to stop than a car, and is an extreme hazard for those of us who live on the street. Just changing the name to"arterial"and letting the big trucks and cars go faster will not make McDonald a real life arterial. It has just made it unsafe for all of us who live there.