Loading...
City Council Minutes - 05/22/2018 Cites of Tigard Tigard City Council Meeting Minutes May 22, 2018 1. STUDY SESSION Council Present: Mayor Cook, Councilor Woodard, Councilor Anderson, Council President Snider and Councilor Goodhouse Staff Present: City Manager Wine, City Attorney Rihala, City Recorder Krager COUNCIL LIAISON REPORTS—Council President Snider reported that he and Councilor Woodard attended a meeting with the Tigard Water District and City of Durham. Most issues have been resolved. The next step is for attorneys for each entity to work through any legal issues. They hope to have an agreement ready for boards and councils to consider by September or October. Mayor Cook suggested that the attorneys sit down together to work out any issues. Councilor Goodhouse said he attended the Willamette River Water Coalition meeting and they will be trying to keep the industrial and residential reservoir of water of 159,000 acre feet. The conflict is not so much related to fish and wildlife,but farmers wishing to use it. Mayor Cook reported on a Water Conference he attended in Washington DC. 2. BUSINESS MEETING A. At 7:33 p.m. Mayor Cook called the City Council &Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook called for any Non-Agenda Items from Council and Staff. None. TIGARD CITY COUNCIL MEETING MINUTES — May 22, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 10 3. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication There was none. B. Citizen Communication No one signed up to speak. 4 CONSENT AGENDA: (Tigard City Council) — A. APPROVE CITY COUNCIL MINUTES • March 27, 2018 • April 17, 2018 • April 24, 2018 Council President Snider moved for approval of the Consent Agenda. Councilor Anderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 5. PRESENT PRIZE TO 2018 IF I WERE MAYOR CONTEST WINNER Mayor Cook said the Oregon Mayor's Association has an annual contest for youth to enter posters or videos describing what they would do if they were mayor. He asked Tigard's 2018 contest winner Lizette Ramirez Texta to come forward and receive her prize. Her poster was shown on the screen and has been sent to Salem to be judged with the other entries coming in from throughout the state. Mayor Cook complimented her work and said he appreciates those students who grasp the issues and focus on what cities do and what could be made better. 6. CONSIDER RESOLUTION TO APPROVE APPOINTING AN ALTERNATE TTAC MEMBER TO VOTING MEMBER Streets and Transportation Projects Engineer McCarthy gave the staff report as the current staff liaison to the Tigard Transportation Advisory Committee. He thanked long-time committee member Erik Halsted for his service. Alternate members were considered to fill the vacancy and he noted that George Brandt was serving his second term as alternate and has shown expertise and involvement as an alternate. The staff recommendation is to appoint Mr. Brandt as a voting member of the TTAC. TIGARD CITY COUNCIL MEETING MINUTES — May 22, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 10 Councilor Woodard moved to approve Resolution No. 18-28 and his motion was seconded by Council President Snider. City Recorder Krager read the number and title of the resolution. Mayor Cook conducted a vote and Resolution No. 18-28 passed unanimously. Resolution No. 18-28— A RESOLUTION APPOINTING GEORGE BRANDT TO BECOME A VOTING MEMBER OF THE TIGARD TRANSPORTATION ADVISORY COMMITTEE TO COMPLETE THE TERM VACATED BY ERIK HALSTED Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 7. LOCAL CONTRACT REVIEW BOARD: CONSIDER AWARD OF CONTRACT FOR 2018 PAVEMENT MANAGEMENT PROGRAM—PAVEMENT REHABILITATION Senior Management Analyst Barrett and Senior Transportation Projects Engineer McCarthy presented the staff report. This contract is the annual pavement major maintenance program funded through the Street Maintenance Fund. Engineer McCarthy said this contract is for paving and curb ramp retrofits. Councilor Goodhouse asked if the difference between the engineer's estimate and the prices reflected rising asphalt costs. Engineer McCarthy responded that there were a few factors and asphalt is one as it has risen by 15 percent since last year. The other big increase is in concrete flatwork,particularly curbs. There are many construction and new state practices due to the ADA settlement with ODOT. Fewer contractors have the skills to meet increased requirements for ramps and temporary pedestrian routing. Councilor Goodhouse asked if the contract could be broken into two - one for the concrete work and another for asphalt. Engineer McCarthy said staff could look at that for next year. Councilor Anderson moved to approve the contract award as presented and Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 8. LOCAL CONTRACT REVIEW BOARD: CONSIDER AWARD OF CONTRACT FOR 2018 PAVEMENT MANAGEMENT PROGRAM—PREVENTATIVE MAINTENANCE TIGARD CITY COUNCIL MEETING MINUTES — May 22, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 10 Senior Management Analyst Barrett and Senior Transportation Projects Engineer McCarthy presented the staff report on the contract for 20 miles of slurry seal work in the northern areas of Tigard, the largest slurry seal project Tigard has done. Slurry seal gives the most years of pavement work per dollar. Councilor Goodhouse asked if there would be any chip seal work. Engineer McCarthy assured him that there would not be and streets that got chip sealed last year will get a slurry seal this year. In response to a question from Council President Snider, he said staff thought that would work well. Council President Snider moved to award the contract as presented. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 9. LOCAL CONTRACT REVIEW BOARD: CONSIDER AWARD OF CONTRACT FOR POLICE RECORDS MANAGEMENT SYSTEM Senior Management Analyst Barrett and Police Chief McAlpine presented the staff report. Chief McAlpine said many of the present council may remember in 2015 when Tigard joined Portland in the RegJIN records system that was purported to be more robust. There has been frustration and dissatisfaction with the system. Chief McAlpine said when she arrived in Tigard and asked her staff if there was anything they wished to see improved, those that had used the previous records system asked that something be done. There were significant delays in upgrades. Another complaint was the amount of time officers had to be off the streets doing reports. Over the past year agency after agency has left the program and Tigard inherited cost increases as cities left the system. Chief McAlpine said two months ago police chiefs and sheriffs in Washington County unanimously chose to notify Portland that they were all leaving the system.There were two options for Tigard to consider. One was staying with the current platform but Beaverton would host and by cutting out the middleman,things might improve. The other option was to change to the Mark 43 product that several of the other agencies (Tualatin, Sherwood and Forest Grove) had committed to.Advantages to the Mark 43 platform include less IT time required, automatic upgrades every two weeks,less training needed and cost savings. In Oregon 22 agencies have switched. Tigard will get back the robust data sharing and staff is looking forward to simplicity and creating more data to help out with analytics. Mayor Cook commented that this will keep officers in their areas and moving rather than having to go to the report room at the station. Council President Snider asked Chief McAlpine if front line user staff were involved in choosing the vendor and she said the records management and officer response was very positive. TIGARD CITY COUNCIL MEETING MINUTES — May 22, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 10 Councilor Goodhouse asked how going to the new system will translate into response time. Chief McAlpine said it was her hope to see a reduction in response time and she will be tracking that assumption. Councilor Woodard asked Senior Management Analyst Barrett if the service level and warranty were satisfactory and if there would be any additional costs. He replied that there will be some interface but he had no idea of the cost. Chief McAlpine said if services are needed to go back into the RegJIN system it would cost $20,000. Council President Snider moved to award the contract as presented and Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 10. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENT TO TMC CHAPTER 7.42 CHRONIC NUISANCE PROPERTY a. Mayor Cook opened the public hearing. b. Mayor Cook announced the hearing procedures. C. Police Commander McDonald gave the staff report. Police staff have reviewed similar ordinances in the area and added in a Chronic Nuisance Abatement Plan. This allows police the opportunity to work with a property owner to address an issue coming under the chronic nuisance property violation. Other cities have had great success with addressing quality of life issues using this tool. It feels better to work with the owner or responsible party rather than just fining them. The abatement plan involves a cooperative agreement between the two parties and includes a timeframe. If it does not solve the problem the city still has the option of a citation and municipal court under the code. d. Public Testimony - Mayor Cook noted that one person signed up to speak but the citizen confirmed he really meant to sign up for Agenda Item No. 11. e. Response to testimony by staff. Councilor Goodhouse asked if this would be a complete fix or if there would still be houses with ongoing problems. Commander McDonald said if the activity falls within the violations listed in the code this process should be a robust way to deal with the issues created by these properties. He did not know if it would take care of all scenarios but it would address a much broader area and give the department more capability. Councilor TIGARD CITY COUNCIL MEETING MINUTES — May 22, 2018 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov Page 5 of 10 Goodhouse asked about additional changes to the code and Commander McDonald said this change is appropriate for the community at this time but may evolve to contain other changes in the future. Councilor Woodard asked Commander McDonald if Tigard has ever experienced a situation where nuisance activity continued three times within 120 days. Commander McDonald said it was rare but had happened and these houses are huge problems for their neighborhoods. He said this would allow the police to engage with the property owner and come up with a solution prior to being cited. Council President Snider said he has such a property in his neighborhood and this has been going on for 14 years and is still an issue. f. Mayor Cook closed the public hearing. g. Council Discussion and Consideration: Ordinance No. 18-10 Council President Snider moved to approve Ordinance No. 18-10. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. Mayor Cook announced that Ordinance No. 18-10 was adopted unanimously. Ordinance No. 18- 10—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 Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 11. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENT TO TMC CHAPTER 6.01 NUISANCE DEFINITIONS a. Mayor Cook opened the public hearing. b. Mayor Cook announced the hearing procedures and said anyone may offer testimony. C. Code Compliance Officer Ross gave the staff report. He said this code amendment is regarding vehicles that do not run. These code changes are meant to improve Tigard's walkability by removing obstructions, abating nuisances affecting public health, safety and peace, and helping code enforcement do their job more effectively. The proposed definition defines inoperable vehicles, which are not currently defined in the code. Code TIGARD CITY COUNCIL MEETING MINUTES — May 22, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 10 compliance is complaint-driven and typically involves investigating and responding to long- standing code violations involving storage of inoperable vehicles. Not having this defined created difficulties in determining whether a vehicle is inoperable. Violators continuously shuffle the vehicle between the city streets and private property.Vehicles without current state licenses or tags are therefore not drivable and make removal more difficult. By adding language to the definition that includes vehicles without current licenses or tags the city will be able to assist with detection and removal of abandoned or inoperable vehicles. Under the proposed definition, 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. Councilor Goodhouse said he understood the concept of junked cars left by the side of the road,but asked if a classic car being restored under a carport would fall into this definition since it would be inoperable prior to being restored. Code Compliance Officer Ross said the city does not have that problem. Usually folks who are restoring a car try to preserve it by putting it in an enclosure so it is not left out in the elements. Complaints are not received about those vehicles. In response to a question from Councilor Goodhouse on what defines a vehicle, Code Compliance Officer Ross said the definition is wide and includes motorcycles, automobiles and recreational vehicles. Council President Snider said it seemed like if he accidentally let the tags expire on his vehicle and left it on the street for a night,he would be in violation. Code Compliance Officer Ross said he only enforces violations on private property, not the street. He said if his neighbor reported a junk vehicle with expired tags and plates in the driveway he would contact Council President Snider and do an investigation. Council President Snider said he was all right with this being complaint driven but there are a lot of vehicles being driven around with expired tags and if this became enforced by the police department it could get out of hand. He said this is a potential issue. Councilor Goodhouse verified that code enforcement only enforces on private property and police would enforce abandoned or inoperable vehicles on the street d. Public Testimony - Mayor Cook called upon those who signed up to testify. Dennis Worzniak, 13495 SW 75`h Place,Tigard, OR 97223, said he lived in his neighborhood for 35 years and commented that there is always one home that does not come up to code. He said a recreational vehicle has been parked at a house for eight years but only washed once. He contacted Code Compliance Officer Ross and appreciated his help. He said the deadline for removal is coming up and he hopes council takes action tonight. He was favorable about the ordinance and said this is a good tool for code compliance. He asked whether a boat that hasn't been used or moved in many years would come under the same regulation. He said technically it appears to be operable but has been parked for eight years without being moved. Mayor Cook said that Michael Brewin sent an email to the City Council on May 17,2018 and his comments will be added to the record for this agenda item. He asked whether the "or" after the word"tags"but before the word, "which" means all of the above or TIGARD CITY COUNCIL MEETING MINUTES — May 22, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 10 either/or. City Attorney Rihala said there are three items in the list and generally an "or" or "and"goes before the last clause as opposed to every clause. Mayor Cook confirmed that this last"or" means they do not all have to be in effect. Councilor Goodhouse asked about the instance of a travel trailer or toy hauler with expired tags that will not be renewed until the summer season. Code Compliance Officer Ross said anything in the public right of way would be enforced by the Police Department. If it is in the front yard it is a code compliance issue but most people would cover such a vehicle or place it in a screened area. Council President Snider suggested modifying the code wording to require that the license or tags be expired by two months before any action can be taken so people slow to renew will not be a reason to call code compliance. Code Compliance Officer Ross said he typically would get calls on vehicles that have been there for a long time. He does an investigation and first works to remedy the problem. He does not go right to a penalty fine. e. Response to testimony by staff. In response to Mr. Worzniak's earlier question, Code Compliance Officer Ross said this code does apply to water craft. f. Close Public Hearing—Mayor Cook g. Council Discussion and Consideration: Ordinance No. 18-11 Councilor Goodhouse moved to approve Ordinance No. 18-11. Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 18-11 -AN ORDINANCE AMENDING CHAPTER 6.01 OF THE TIGARD MUNICIPAL CODE RELATING TO THE DEFINITION OF INOPERABLE VEHICLES City Recorder Krager conducted a roll call vote and Mayor Cook announced that Ordinance No. 18-11 was adopted unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 12. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENT TO TMC CHAPTER 6.02 REGARDING OPEN STORAGE OF JUNK a. Mayor Cook opened the Public Hearing. TIGARD CITY COUNCIL MEETING MINUTES — May 22, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 10 b. Mayor Cook announced the hearing procedures. C. Code Compliance Officer Ross gave the staff report. This code amendment removes a 10- day waiting period for vehicles. The reason staff recommends removal is that the 10-day period is difficult to determine the beginning and end of and violators will shuffle vehicles from city streets to private property and back just to start a new 10-day period. Officer Ross said the city does not allow open storage of any other type of junk and a 10-day waiting period is not allowed for any other type of junk material. The amendment also removes language that allows a refrigerator to be stored in the open as long as the door is removed. d. Public Testimony—No one signed up to testify. Mayor Cook said Mr. Brewin submitted comments in an email to council in support of this code amendment and thanked staff and council for putting this forward. e. Response to testimony by staff. f. Mayor Cook closed the Public Hearing. g. Council Discussion and Consideration: Ordinance No. 18-12 Councilor Goodhouse moved to approve Ordinance No. 18-12. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 18-12—AN ORDINANCE AMENDING CHAPTER 6.02 OF THE TIGARD MUNICIPAL CODE RELATING TO THE OPEN STORAGE OF JUNK City Recorder Krager conducted a roll call vote. Mayor Cook announced that Ordinance No. 18-12 was adopted unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 13. EXECUTIVE SESSION -None Scheduled. 14. NON AGENDA ITEMS -None. TIGARD CITY COUNCIL MEETING MINUTES — May 22, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 10 15. ADJOURNMENT At 8:31 p.m. Councilor Anderson moved for adjournment. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Carol A. Drager, City Record test: Ja Snider, Council President d Date TIGARD CITY COUNCIL MEETING MINUTES — May 22, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 10