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City Council Packet - 07/10/2018 IIICity of Tigard TIGARD Tigard Business Meeting—Agenda o TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: July 10, 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: htto://www.tiaard-or.Rov/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. It 'I City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: July 10, 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. COUNCIL LIAISON REPORTS •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. Tigard Area Chamber of Commerce C. Update from Police Chief McAlpine D. 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. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: •May 8, 2018 •May 22,2018 •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 Agency has voted on those items which do not need discussion. 4. CONSIDER RESOLUTION REAPPOINTING MEMBERS TO THE COMMITTEE FOR COMMUNITY ENGAGEMENT 7:35 p.m. estimated time 5. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 15.08 TO CONFORM THE CITY'S VACATION PROCESS TO STATE LAW 7:40 p.m. estimated time 6. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 2.04 TO AUTHORIZE THE CITY MANAGER TO EXECUTE CERTAIN REAL PROPERTY DOCUMENTS 7:55 p.m. estimated time 7. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE UPDATING TIGARD MUNICIPAL CODE CHAPTER 7.70- SECONDHAND DEALERS AND TRANSIENT MERCHANTS 8:10 p.m. estimated time 8. LOCAL CONTRACT REVIEW BOARD: CONSIDER AUTHORIZING THE PURCHASE OF SHELTER/RESTROOM FOR DIRKSEN NATURE PARK 8:25 p.m. estimated time 9. LOCAL CONTRACT REVIEW BOARD: CONSIDERATION OF CONTRACT AWARD FOR DIRKSEN NATURE PARK RESTROOM AND NATURE PLAY CONSTRUCTION 8:30 p.m. estimated time 10. NON AGENDA ITEMS 11. 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. 12. ADJOURNMENT 8:35 p.m. estimated time 11111 . i ii City of Tigard Tigard City Council Meeting Agenda TIGARD July 10, 2018 ,r;:.:. �•t,.s4.;r; .na. ;�4'.? .r3-,',r...^-+.r-�- .ra�? rq'^.u;k✓r*a,�v,�,. +tu#• _ .::-a 7., .:.m >... _ CITY COUNCIL STUDY SESSION A. COUNCIL LIAISON REPORTS 6:30 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 July 3* Tuesday Council Business Mccting 6:30 p.m.,Town Ilall- 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* Tuesday Council 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 September 3 Monday Labor Day Holiday, City Hall and Library Closed 4* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 11* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 18* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 25* Tuesday Council Business Meeting—6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk(*). City Council Update Jul y2018 SUPPLEMENTAL PACKET FOR 7' JO -„O ( Chamber Update (DATE OF MEETING) Education,Advocacy, &Building a Strong Local Economy • The Tigard Chamber has created a candidate endorsement committee,focused on identifying and supporting business friendly candidates due to the impact law and policy makers have on our business and our economy. We are starting our process with the Tigard City Council and Mayors race. Interested candidates can request endorsement consideration per the directions on our press release on our blog. More details on the process are /also available there. Deadline to request consideration is midnight tonight, 7/10/18 • 7/24/18 7:30-8:45 a.m.—Invest in U @ Broadway Rose Theatre—Oregon's Equal Pay Act- Ignore It and Your Payroll Costs Could Increase by 10-25%- Free to members, non members $10. This is critical to your business Networking/Visibility 7/17/18—Good Evening Tigard (G.E.T) Connected 5-6:30 p.m. hosted by Harris WorkSystems at their location 7/18/18—B2B Affinity Group 8:30—9:30 a.m. hosted by Vantage Point Business Solutions, Location TBA Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.—Weekly 7/12—Hosted by CoLab at their location 7/19/18—Hosted by Firenza Pizza at their location 7/26/18—Hosted by Paddle Palace at their location 6 businesses joined the Tigard Chamber in June, a total of 89 during our fiscal year ending 6/30! Details on this and other events at http://business.tigardchamber.org/events/calendar/follow us on Twitter @tigardchamber Tigard Farmers Market Update 8/3/18—2nd Annual Farm to Table Dinner Experience on the lawn of Fanno Creek House. Experience includes signature cocktail, appetizers, 5 course dinner,wine pairings and dessert. All local food from farmers market vendors and local food artisans. Join us. Register at www.tigardfarmersmarket.org TDA Downtown Updates Street Fair Saturday, September 8th 11 a.m.-5 p.m.—Still accepting vendor applications, 87 vendors registered so far. Quake Up will be participating in the event this year and Latin Fest will run from 4-8 pm. Come join the fun! Find us on Facebook at exploredowntowntigard and at www.exploredowntowntigard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard • fv„ ,. IP \\, Ti sir& TIGARD Leadership Tigard and P Fit?"ERS., "ERS �� ct,aMeea or eoµMeece ` '`' Building Leaders.Growing Community. '•"° ""'"''° SUPPLEMENTAL PACKET OR -7° ' e) le Ti and PD Strategic Dashb `ICS A w OF MEETING) .t, . . For June 2018 f 2016 Population Estimate: 51,253 (Adopted Budget FY 2017-2018) Small numbers cause large percentage increases and decreases. Selected Group A Offenses Jun 2017 Jun 2018 % Chg 2017 YTD 2018 YTD %Chg Person Crime 24 44; 83.33% 171 255• 49.12% Assault 18 34 0 88.89% 142 206 0 45.07% Robbery 2 21 0.00% 17 20 0 17.65% Property Crime 188 194 0 3.19% 1512 1342, 41.24% Burglary-Residential 12 12 0 0.00% 47 47 0 0.00% Burglary-Business 5 3 0 -40.00% 26 33 i 26.92% Burglary- Other 1 51 400.00% 15 151 0.00% UUMV 5 17• 240.00% 49 95• 93.88% Theft 104 921 -11.54% 616 6681 8.44% Vandalism 25 24 0 -4.00% 125 198• 58.40% Societal Crimes 38 51 0 34.21% 240 319 0 32.92% DUII 7 17; 142.86% 23 77 0 234.78% Drug Offense 10 10 0 0.00% 90 76 0 -15.56% Disorderly Conduct 5 7• 40.00% 23 361 56.52% Calls for Service Jun 2017 Jun 2018 % Chg 2017 YTD 2018 YTD %Chg Dispatched Calls 1888 1928 0 2.12% 10230 10983• 7.36% Self Initiated Calls 1599 1668 0 4.32% 9767 10374 0 6.21% Response Time Priority 1 &2 6.67 7.62 0 14.24% 6.25 6.48 0 3.68% Priority 3 10.95 9.77 0 -10.78% 10.80 9.52 0 -11.85% Priority 4 + 10.62 10.92 0 2.82% 9.85 9.73 0 -1.22% 1 Community Snapshot Community Concerns *Greenberg Oaks tenant safety * Gentlewoods cronic nuisance abatement *Burglary trend along Hall Blvd Community Outreach and Events Upcoming Events *Festival of Balloons(6/22-6/24) *Emergency Preparedness Fair(7/20) *I Can Do This!Child saftey class (6/16) *National Night Out(8/7) * Pedestrian Safety Enforcement mission (6/25) *Safety Belt Enforcement mission(8/20-9/2) *Mock Interviews with SupaFresh Youth Farm(6/27) *July 4th *LE Torch Run (7/9) *Person Crime-Assault,Homicide,Robbery,Kidnap,Forcible/Non-Forcible Sex Offense *Property Crimes-Arson,Bribery,Res Burglary,Bus Burglary,Oth Burglary,Forgery,Vandalism,Embezzle,Fraud,Theft,UUMV,Bad Check *Societal Crimes-Drug Offense,Prostitution,Weapons,Curfew,DisCon,DUII,Family Offense,Liqour Laws,Peeping Tom,Trespass *The data is National Incident Based Reporting System(NIBRS)compliant and not Uniform Crime Report(UCR)compliant and cannot be compared to any report using that standard. 1 __ Tigard PD Strategic Dashboard For June 2018 tf - 1111 04 1f ?" 2016 Population Estimate: 51,253 (Adopted Budget FY 2017-2018) Irl. i��,* �t , Department Staffing Information Actual Budget % Budget Sworn 68 72 94% Non-Sworn 15.5 16.5 94% Total Number of Personnel 83.5 88.5 94% Patrol Officer Staffing 32 351 Personnel Unavailable for Work Patrol MI Other Overall # of Recruits in Pre-Academy - - - # of Recruits in Academy - - - # of Recruits in FTEP 2 - 2 # of Personnel on Extended Sick Leave 1 - 1 #of Personnel on Military Leave 1 - 1 # of Personnel on Light Duty - - - # of Personnel on Administrative Leave - - - Total Personnel Unavailable to Work during some Period during the Month 4 0 4 Total Officers Available to work PATROL some period during the Month 28 r operational Effectiveness Sna Budget Information is based on the best available data. FY 2016-2017 Budget FY 2017-2018 Budget Percent YTD Status Percent YTD Status Department Budget Actual Budgeted Actual Budgeted Administrative 103% 100% 3% 86% 100% -14% Operations 93% 100% -7% 90% 100% -10% Services 91% 100% -9% 97% 100% -3% Total Department Budget 93% 100% -7% 92% 100% -8% Budget Information is based on the best available data. FY 2016-2017 FY 2017-2018 udge Percent YTD B tatas Percent YTD tSInfo Department Overtime Actual Budgeted Actual Budgeted Administrative 109% 100%s 9% 81% 100% -19% Operations 129% 100%0 29% 56% 100% -44% Services 90% 100%0 -10% 103% 100% 3% Total Overtime 115% 100%• 15% 68% 100% -32% 2 it l ,�O (.J* Tigard PD Strategic Dashboard For June 2018 \ 14 te; s ...., 2016 Population Estimate: 51,253 (Adopted Budget FY 2017-2018) PUBLIC DEMAND SELF INITIATED AVERAGE AVERAGE 1667 JUNE 1928 LUNE 1668 MAY . MAY 1793 APR 1845 APR MAR hommmunmmmmmurri MAR Ali FEB FEB 1523 JAN-18 JAN-18 4 DECITII DEC 17$• NOV AN NOV 1 OCT 0111111111111111111111111111111I ' OCT SEPT MOMMI7I 1 SEPT AUG ;u• ' AUG 16.10 �� JULY ( JULY JUNE JUNE 1599 ') +wu1 e<X' 'MO 7100 ,.n' 'in° 15t IOC Response Times - 5 Year Trend PRIORITY 1 AND„y PRIORITY -,UNE -,UNE 11 10.95 1.62 _,.r 9.75...."�'�.'� 1 �"�”'9.77 6A7 6.67'f I �,�,/ II �."'�"""6.28 ' i - 4.92 2014 2015 2016 2017 2018 _ - -.- 2016 2017 PRIORITY 4+ Priority 1 = _ Priority 3 = Imminent threat to life - Urgent call where crime prevention is needed 10.9510.92 Priority 2 = Immediate threat to life,occuring now Priority 4+ =Cold crimes or public assistance 2017 2018 3 ,,, , iv Tigard PD Strategic Dashboard I14 For June 2018 04 2016 Population Estimate: 51,253 (Adopted Budget FY 2017-2018) JUNE JUNE PUBLIC DEMAND CALLS SELF INITIATED CALLS 1834� -1890 1921+ 1588�""'..�1734 } '2e. ` . ......�^1668 S50 1594 i .._i. i, ill1i Tracking Co.e uses -'Year to Date .r . The tracked counts of these have all 1 2014 I 2015 1 2016 1 2017 I 2018 increased. Each involves multiple Overdose 0 0 4 7 15 officers, evidence processing, and trips to POH 68 69 57 69 104 hospitals in some cases. Suicide 1 3 3 5 5 Att. Suicide 14 32 17 37 36 DHS referrals and cases of allegations of DHS Refer 197 225 231 280 297 abuse to an elderly or mentally / Vulnerable 34 8 17 30 24 challenged victim end up in the caseload Dorn Viol 46 49 31 53 71 of Detectives and SROs. DV No Crime 14 52 64 75 / ORC Theft 41 10 29 29 26 Domestic Violence reports have Graffiti 111 64 44 29 72 doubled in 5 years . : - ransient Total Calls Logged: 142 #of Calls -BHI 87 #of Calls Transient 86 #of Calls Dispatched 104 # of Calls Self Initiated 38 Total Time Spent 99:00:00 (hr:min:sec) 4 SUPPLEM NTL PACKET FOR 7 !0 a10/ I( (DATE OF MEETING) VLIQ'` ti,"‘'-' ** '. Tigard PD Strategic Dashboard :-.,,1 For June 2018 *.i,„ :\ i1c:tun 471 fel, *TY.a}\S� Selected Group A Offenses Jun 2017 Jun 2018 %Chg 2017 YTD 2018 YTD %Chg Person Crime 24 44 0 83.33% 171 255 0 49.12% Assault 18 34 0 88.89% 142 206 0 45.07% Robbery 2 2 0 0.00°o 17 20 0 17.65% Property Crime 188 194 0 3.19% 1512 1342 0 -11.24% Burglary-Residentia 12 12 0 0.000/0 47 47 0 0.00% Burglary-Business 5 3 0 -40.00% 26 33 0 26.92% Burglary-Other 1 5 0 400.000/0 15 15 0 0.00% UUMV 5 17 0 240.00% 49 95 0 93.88% Theft 104 92 0 -11.54% 616 668 0 8.44% Vandalism 25 24 0 -4.00% 125 198 0 58.40% Societal Crimes 38 51 0 3421% 240 319• 32.92% DLIII 7 17 0 142.86% 23 77 0 234.78% Drug Offense 10 10 0 0.00% 90 76 0 -15.56% Disorderly Conduct 5 7 0 40.00% 23 36 0 56.52% Calls for Service Jun 2017 Jun 2018 %Chg 2017 YTD 2018 YTD %Chg Dispatched Calls 1888 1928 0 2.12% 10230 10983 0 7.36% Self Initiated Calls 1599 1668 0 4.32% 9767 10374 0 6.21% Response Time Priority 1 &2 6.67 7.62 0 14.24% 6.25 6.48 0 3.68° Priority 3 10.95 9.77 0 -10.78% 10.80 9.52 0 -11.85°a Priority 4+ 10.62 10.92 0 2.82% 9.85 9.73 0 -1.22% i 1 . • DERSj1 Tigard PD Strategic Dashboard oPPI '': „7-- . For June 2018 I ltlkll ` '`'' 2014 I 2015 12016 12017 I 2018 Overdose 0 0 4 7 15 POH 68 69 57 69 104 Suicide 1 3 3 5 5 Att. 14 32 17 37 36 DHS Refer 197 225 231 280 297 Vulnerable 34 8 17 30 24 Dom Viol 46 49 31 53 71 DV No Crime 14 52 64 75 ORC Theft 41 10 29 29 26 Graffiti 111 64 44 29 72 AGENDA ITEM NO. 2 D- CITIZEN COMMUNICATION DATE: July 10, 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 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: L./4/134- /f© e /rc e- Also,please spell your name as it sounds,if it will /9ee..3 e exi help the presiding officer pronounce: Address th 2-4& St.3 !Le-r't a• City &A-x.4 State O/t-- Zip 1'7 23—' Phone No. 1 3 - cjt v 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 180102.doc 11111. AIS-3566 3.A. Business Meeting Meeting Date: 07/10/2018 Length (in minutes): Consent Item Agenda Title: Receive and File: Council Calendar and Tentative Agenda Submitted By: Carol Krager, Central Services Item Type: Receive and File Meeting Type: Consent- Receive and File Public Hearing: No Publication Date: Information ISSUE Receive and file the Council Calendar and the Tentative Agenda for future council meetings. STAFF RECOMMENDATION / ACTION REQUEST No action is requested; these are for information purposes. KEY FACTS AND INFORMATION SUMMARY Attached are the Council Calendar and the Tentative agenda for future Council meetings. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A - Receive and File Items Attachments Three-month Council Calendar Tentative Council Meeting Agenda tet ze I, a vh n�CAAl vf‘ 33CIEIN JUL 102018 July 10, 2018 City of Tigard, OR PERSONAL PUBLIC COMMENT TO CITY COUNCIL 7-� 'J�; �ment BY: MARLAND HENDERSON Good evening Tigard Councilors, Mayor and staff; My name is Marland Howard Henderson 11795 SW Katherine Street. Tigard Oregon 97223 I'm here tonight to make announcement of my intent to run for an open seat for the Tigard City Council vacated by Jason Snider, who after his second year in his second term of office resigned so he could run for the office of Tigard City Mayor. As all of you know that in 2015 there was an attempted ballot measure written and was not approved by the voters that would have allowed any siting city councilor or mayor to continue to serve once they chose to vacate or terminate their elected term and was not successfull. Given that as the voice of the people it would be my assumption that if that situation occurred then a new member of the council would need to be selected. However, from what I know as being a senior counselor of Tigard for 8 years that position could be selected by two different means that would finish that current mayor or councilor's term and would not count as part of a limited term for any other bodies term except for the original councilor or mayor that vacated their chair; by appointment or by a new election. Either of these options would have had great advantages for both the existing and new council members by offering 2 extra years of eligibility to serve as a Tigard City Councilor. I personally termed out 2 years ago knowing that a break in my service was necessary to file again for office of which I did at the end of 2016. To my advantage that break now will allow me to serve not only 8 but a consecutive 10 years as it would be for anyone else that would be chosen for that position as a Tigard City councilor. However, those first 2 years would not allow me or anyone else to serve 3 terms (2 as council or mayor plus one of either) or 12 years consecutively. My current intention is only to finish out that term that has been vacated, mainly to preserve the tenure on the council. On June 11th I made an appointment and attended an orientation with the City Recorder (Carol Krager) who not only gave me the documents necessary to file for council but informed me that the cutoff date for Mayor was July 30th and approximately a month later was the deadline to register as a candidate for council. I asked her only but for one question; HOW WAS THE VACANT POSITION BEING FILLED? At that time Carol believed it would be separate ballot for the 2 council positions 1 for the open council seat and 1 for the mayor. Later Carol emailed me and told me that the council still had not decided exactly how Jason Snider's seat would be filled. By this time the city attorney had researched the records and reported that several options could possibly be used to fill the position that council needed to choose from i.e. appointment or by public ballot. As for appointment the unknown question is, would this be the current council that will choose or is it the new council of 2019 that will choose? Knowing that the current Mayor and possibly 3 other councils may not be returning, what chance of success does this new council have from the previous council's decisions? As you can see there would be many questions that could not be answered by previous discussions that were either not known or unknown that determined the fate of the new council. This is not the first time that vacancies have occurred and filled by council, however as the last Mayor Craig Dirksen quoted "If for only a short term an appointment is protocol / practical otherwise his firm opinion as what to do would be is to let the people decide especially if it was more than a short term or a year". This is personal to me as well, when Dirksen was chosen from an early withdrawal as mayor and election to be Metro's Regional Councilor I stepped up in my selection for a second term and decided, as I am today, to save the "brain trust" of our council and run for Mayor. It was not until after I could not convince John Cook to train as councilor for 2 years that I changed my ballot from Mayor back to Councilor. At that time we had too many councilors leaving and everybody wanted to be Mayor. The job of mayor or councilor is not a natural behavior as we all learned. The hardest job of Mayor is to work with what the public has given you and make the council work as a unit. Our form of government is to hire pg.2 a City Manager to perform daily functions and if you have been trained as a Private Business Manager you will have a hard time negotiating with Public Management and practices at the same time keeping your City Council working together. As for a public ballot the unknown question is, would this be the current ballot or is it the new ballot of 2019? It was relayed to me that the cost to the November 2018 would be nominal, whereas the preferred ballot could be March of 2019 and would cost the city of Tigard $30K plus. This rationality of not choosing March of 2019 was also the reason to save the city the cost and just continue the appointment by Council to fill the void created by Jason Snider. Why we dismissed the November Ballot escapes me? It is clear that by ignoring the November ballot it clears out several questions as to who is left on board and what their options would / could be. First of all I find this all disingenuous, if in fact we can't find the solution that your constituents agree with as a matter good governance we will continue to find dead ends like the Revenue Bond that was just denied by the people. When the people spoke in regards to the earlier two ballot measures giving more leniency to councilor's term limits they were more than clear that they preferred that we not change anything. I realize we did not change anything but we never fixed anything either. The people are not as naïve as you may think and until "we" figure it out how to build TRUST we need to stop talking and start listening. However, as I recalled those two measures were the most unclear measures I have ever seen and hopefully will ever write? I even voted against them myself. Lastly, I want to say I'm looking forward to running for a 2-YEAR term as a City Councilor, however, if Council insists upon replacing Jason Snider to his original seat or some other body as the case may be, then I'll choose to run for Mayor. I realize your opinion is going to be discussed at the next Work Session on the 17th which gives me but little time to run for Mayor. I do appreciate the Public Hearing you are having, because historically public testimony is not taken at a work session nor is it televised. Sincerely, I am submitting this in writing to each of you (10 copies). Marland H. Henderson MEMORANDUM T I GARD TO: Honorable Mayor& City Council FROM: Carol A. Krager, City Recorder RE: Three-Month Council Calendar DATE: July 10,2018 Below is a listing of council meetings for the next three months. Regularly scheduled Council meetings are marked with an asterisk(*). July 3* Tucaday Council Bu3incsa 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 Council Bua.Meeting 6:30 p.m.,Town Hall—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 September 3 Monday Labor Day Holiday,City Hall and Library Closed 4* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 11* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 18* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 25* Tuesday Council Business Meeting—6:30 p.m.,Town Hall is\adm\city council\council calendar\3-month calendar word format.doc Meeting Banner ❑ Business Meeting❑ Study Session ❑ Special Meeting 61 Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ City Council Tentative Agenda 7/2/2018 9:43 AM -Updated Form Meeting Submitted Meeting -- Agenda Item Title Department Inbox or Finalized Date By Type 3462 07/03/2018 Kelly Burgoyne AAA July 3, 2018 Business Meeting One—MEETING CANCELLED 3463 07/10/2018 Kelly Burgoyne AAA July 10, 2018 Business Meeting—Marty& Mayor Cook Absent 3523 07/10/2018 Kelly Burgoyne ACCSTUDY 2 15 Minutes—Council Liaison Reports Central 05/14/2018 Services Total Time: 15 Minutes of 45 Minutes Scheduled 3561 07/10/2018 Carol Krager CCBSNS 1 5 Minutes—Consider a Resolution Appointing Members Central 07/02/2018 to the Committee for Citizen Engagement Services 3534 07/10/2018 Kelly Burgoyne CCBSNS 2 15 Minutes— LEGISLATIVE PUBLIC HEARING: Consider Public Works Zimmerman E, an Ordinance Amending Tigard Municipal Code Chapter Asst. City Manager 15.08 to Conform to the City's Vacation Process to State Law 3535 07/10/2018 Kelly Burgoyne CCBSNS 3 15 Minutes— LEGISLATIVE PUBLIC HEARING: Consider Public Works Zimmerman E, an Ordinance Amending Tigard Municipal Code Chapter Asst. City Manager 2.04 to Authorize the City Manager to Execute Certain Real Property Documents 3536 07/10/2018 Lisa Shaw CCBSNS 4 15 Minutes—LEGISLATIVE PUBLIC HEARING: Consider Police Zimmerman E, an Ordinance Amending Tigard Municipal Code Chapter Asst. City Manager 7.70-Secondhand Dealers and Transient Merchants 3549 07/10/2018 Kelly Burgoyne CCBSNS 5 5 Minutes-Consider Authorizing the Purchase of Central LaFrance T, Fin/Info Shelter/Restroom for Dirksen Nature Park Services Svcs Director 3548 07/10/2018 Joseph Barrett CCBSNS 6 5 Minutes -Contract Award - Dirksen Nature Park Finance and LaFrance T, Fin/Info Restroom and Nature Play Construction Information Svcs Director Services Total Time: 60 Minutes of 100 Minutes Scheduled 1Ir ;, ze i:\adm\city recorders\tentative agenda\july 2, 2018 tentative.docx Meeting Banner 0 Business Meeting❑ Study Session 0 Special Meeting Consent Agenda 0 Meeting is Full Workshop Meeting 0 City Council Tentative Agenda 7/2/2018 9:43 AM -Updated 3464 07/17/2018 Kelly Burgoyne AAA July 17, 2018 Workshop Meeting City Management 3556 07/17/2018 Kelly Burgoyne CCWKSHOP 1 10 Minutes—Placeholder—NW Natural Gas Update City MartyW, City Management Manager 3551 07/17/2018 Kelly Burgoyne CCWKSHOP 2 60 Minutes—Public Hearing— Public Comment—City City Zimmerman E, Council Vacancy Management Asst. City Manager 3539 07/17/2018 Lisa Shaw CCWKSHOP 3 30 Minutes— Present Police Strategic Plan: 2018-2021 Community Shaw L, Police Development Business Manager 3540 07/17/2018 Schuyler CCWKSHOP 4 45 Minutes— Placeholder for Update on Phases II and III City Warren S, Associate Warren Code Changes—Housing and Procedures Management Planner 3560 07/17/2018 Marissa Grass CCWKSHOP 5 15 Minutes - Receive Update on WCCCA Tower Location Public Works Rager B, PW Director Efforts Total Time: 160 hallIMMIONINIMIIIMPOIMIIIPMED 3465 07/24/2018 Kelly Burgoyne AAA July 24, 2018 Business Meeting—Councilor Anderson Absent 3529 07/24/2018 Lori Faha ACCSTUDY 1 30 Minutes—Quarterly CIP Update Public Works Faha L, City Engineer 3524 07/24/2018 Kelly Burgoyne ACCSTUDY 2 15 Minutes—Council Liaison Reports Central 05/14/2018 Services —STUDY SESSIONAVDSED 1111 3532 07/24/2018 Margaret Reh CCBSNS 1 5 Minutes—Approve Appointments of Tigard Library Library Reh, M, Conf. Exec. Board Members and Alternates Assistant 3553 07/24/2018 Joseph Barrett CCBSNS 2 5 Minutes— Purchase Authorization—Hydro Cleaning Finance and Barrett J, Sr Mgmt Vehicle Information Analyst Services 3552 07/24/2018 Joseph Barrett CCBSNS 3 5 Minutes—Contract Award—Tiedeman Realignment of Finance and Barrett J, Sr Mgmt Fanno Creek Greenway Trail Information Analyst Services 2I 1 i:\adm\city recorders\tentative agenda\july 2, 2018 tentative.docx Meeting Banner ❑ Business Meeting❑ Study Session ❑ Special Meeting 0 Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ City Council Tentative Agenda 7/2/2018 9:43 AM -Updated 3547 07/24/2018 Kent Wyatt CCBSNS 4 10 Minutes—Discuss the Proposed State Legislative City Wyatt K, Priorities from the League of Oregon Cities Management Management Analyst 3528 07/24/2018 Sean Farrelly CCBSNS 5 60 Minutes—Equitable Housing Strategy for SW Corridor Community Marty W, City Development Manager Total Time:85 Minutes of 100 Minutes Scheduled 3466 08/07/2018 Kelly Burgoyne AAA August 7, 2018 Business One Meeting—MEETING CANCELLED— NATIONAL NIGHT OUT 3467 08/14/2018 Kelly Burgoyne AAA August 14, 2018 Business Meeting—Councilor Snider Absent 3525 08/14/2018 Kelly Burgoyne ACCSTUDY 15 Minutes—Council Liaison Reports Central 05/14/2018 Services Total Time: 15 Minutes of 45 Minutes Scheduled 3545 08/14/2018 Joseph Barrett CCBSNS 1 5 Minutes—Contract Award—Mobile Data Computers Finance and Barrett J, Sr Mgmt Information Analyst Services 3546 08/14/2018 Joseph Barrett CCBSNS 2 5 Minutes—Purchase Award- Police Vehicles Finance and Barrett J, Sr Mgmt Information Analyst Services 3487 08/14/2018 Kelly Burgoyne CCBSNS 3 10 Minutes-LCRB-Placeholder Central 04/03/2018 Services 3541 08/14/2018 Lina Smith CCBSNS 4 10 Minutes—Quasi-Judicial Public Hearing: Lewis Annexation Community Smith L, Asst Planner (ZCA2018-00002) Development 3542 08/14/2018 Lina Smith CCBSNS 5 10 Minutes—Quasi-Judicial Public Hearing: Chase Annexation Community Smith L, Asst Planner (ZCA2018-00003) Development Total Time:40 Minutes of 100 Minutes Scheduled 3468 08/21/2018 Kelly Burgoyne AAA August 21, 2018 Workshop Meeting 3555 08/21/2018 Kelly Burgoyne CCWKSHOP 1 10 Minutes— Report from Washington County Sheriff on City MartyW, City Services Management Manager 3I ' i:\adm\city recorders\tentative agenda\july 2, 2018 tentative.docx Meeting Banner ❑ Business Meeting❑ Study Session ❑ Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ City Council Tentative Agenda 7/2/2018 9:43 AM - Updated 3554 08/21/2018 Marissa Grass CCWKSHOP 2 30 Minutes—Receive Parks and Recreation Fee Report Public Works Rager B, PW Director Total Time: 40 Minutes of 180 Minutes Scheduled 3469 08/28/2018 Kelly Burgoyne AAA August 28, 2018 Business Meeting 3526 08/28/2018 Kelly Burgoyne ACCSTUDY 15 Minutes—Council Liaison Reports Central 05/14/2018 Services Total Time: 15 Minutes of 45 Minutes Scheduled 3470 09/04/2018 Kelly Burgoyne AAA September 4, 2018 Business One Meeting 3489 09/04/2018 Kelly Burgoyne CCBSONE 1 10 Minutes- LCRB- Placeholder Central 04/03/2018 Services 3544 09/04/2018 Sean Farrelly CCBSONE 2 40 Minutes—Universal Plaza Update Community Farrelly S, Redev Development Project Manager 3559 09/04/2018 Marissa Grass CCBSONE 30 Minutes- Continued Discussion of the Park and Public Works Rager B, PW Director Recreation Fee Report Total Time: 80 Minutes of 180 Minutes Scheduled 3471 09/11/2018 Kelly Burgoyne AAA September 11, 2018 Business Meeting 3490 09/11/2018 Kelly Burgoyne CCBSNS 10 Minutes - LCRB - Placeholder Central Svcs 04/03/2018 Total Time: 10 Minutes of 100 Minutes Scheduled 3472 09/18/2018 Kelly Burgoyne AAA September 18, 2018 Workshop Meeting 3473 09/25/2018 Kelly Burgoyne AAA September 25, 2018 Business Meeting 3491 09/25/2018 Kelly Burgoyne CCBSNS 10 Minutes— LCRB— Placeholder Central 04/03/2018 Services Total Time: 10 Minutes of 100 Minutes Scheduled Cancelled Council Meeting Dates: 7/3/2018 8/7/2018 4I . i:\adm\city recorders\tentative agenda\july 2, 2018 tentative.docx Meeting Banner ❑ Business Meeting❑ Study Session ® Special Meeting ❑❑ Consent Agenda ❑ Meeting is Full ❑ Workshop Meeting ❑ City Council Tentative Agenda 7/2/2018 9:43 AM -Updated Council Confirmed Travel &Vacation Dates: Mayor July 7-16(Vacation) Marty Wine July 10-13 (OCCMA Summer Conf.) Shelby Rihala July 13-23 (Vacation) Councilor Anderson End of July (Vacation) Councilor Snider August 14 (Out) Marty Wine August 31—Sept. 17 (Vacation) SIPage i:\adm\city recorders\tentative agenda\july 2, 2018 tentative.docx AIS-3564 3. B. Business Meeting Meeting Date: 07/10/2018 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: •May 8, 2018 •May 22, 2018 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments May 8,2018 May 22,2018 City of Tigard Tigard City Council Meeting Minutes TIGARD May 8, 2018 El STUDY SESSION—6:30 p.m. Council Present: Council President Snider, Councilor Woodard, Councilor Goodhouse and Councilor Anderson. Council Absent: Mayor Cook Staff Present: City Manager Wine,Assistant City Manager Zimmerman, City Attorney Rihala and City Recorder Krager A. COUNCIL LIAISON REPORTS Councilor Anderson discussed the Willamette Intake Facility (WIF) meeting that he and Councilor Goodhouse attended and said officers were elected. Council President Snider and Councilor Woodard attended the Tigard Water District meeting with Durham and discussed some outstanding issues. Administrative Items: City Attorney Rihala gave an update to council and said the Martin Appeal is going to the Court of Appeals. Council Outreach: City Manager Wine said the next fifth Tuesday is on July 31 and asked council what they wanted to do for council outreach. National Night Out is the next week. Cookin'with the Council was suggested as a format and it could be held at Rotary Plaza or another downtown location. City Manager Wine reminded council that the May 15 meeting is cancelled. Summer Calendars: City Manager Wine will send out a call for vacation dates. Council President Snider said he will be unavailable on July 31 or August 14. 1. BUSINESS MEETING A. At 7:32 p.m. Council President Snider called the City Council,Local Contract Review Board and Town Center Development Agency to order. B. City Recorder Krager called the roll. TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 1 of 12 Present Absent Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ C. Council President Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B. Police Update—Police Chief McAlpine gave an update to Council on crime trends in Tigard. Person crimes increased by 28 percent since last year and property crimes are up by 20 percent. There has been a big spike in motor vehicle theft. Chief McAlpine said public safety announcements were sent out regarding leaving valuables in cars. Dispatch calls continue to increase and they are at a 14 percent increase year to date.At the Community Shred event police staff said there were 500 people and 10,000 pounds of paper were shredded. Police will be assisting with National Bike and Walk to work Day on May 9. A safety belt enforcement blitz is upcoming. Councilor Woodard asked if the rash of vehicle thefts were gang related. Chief McAlpine said graffiti is gang related but stolen cars are more related to drug activity. C. THS Envoy Sierra Kruse updated council on Tigard High activities.The Tigerettes just earned first in state and the girls basketball team made it to the playoffs. Students are currently getting ready for prom and elections for next year's leadership positions. D. Tigard Area Chamber of Commerce—CEO Mollahan reported on Chamber activities and upcoming events. Today was the last day for the 2018 Leadership Tigard class. They toured the Police Department,TVF&R Station 51,and received a report on the CERT program.The Tigard Farmers Market held their opening day at their new location last Sunday and they had over 600 patrons,two times last year's opening numbers. Ms. Mollahan thanked Public Works,the Police Department and TVF&R for their help with new market location logistics. She said the Art Walk is scheduled for June 1-3 and will have a Pop-up Gallery at the Tigard Tap House. September 8 is the date for the Downtown Street Fair. E. Citizen Communication. No one signed up to speak. TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 12 3. CONSENT AGENDA: (Tigard City Council) — A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. PROCLAIM TAKE KIDS TO PARK DAY C. PROCLAIM MAY 20-26 AS EMS WEEK D. CONSIDER RESOLUTION EXTENDING CITY OF TIGARD VOLUNTEERS WORKERS' COMPENSATION COVERAGE RESOLUTION NO. 18-24-A RESOLUTION EXTENDING CITY OF TIGARD VOLUNTEERS WORKERS' COMPENSATION COVERAGE Councilor Goodhouse moved to remove the EMS Week proclamation from the Consent Agenda for separate consideration. Councilor Woodard seconded the motion and all voted in favor. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) Councilor Woodard moved to approve the consent agenda as presented with the EMS Week proclamation removed for separate consideration. Councilor Anderson seconded the motion. All voted in favor of the consent agenda. Yes No Councilor Goodhouse ✓ Council President Snider Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) Metro West Ambulance paramedic supervisor Kevin Rench thanked the city on behalf of all EMS workers for their support with this proclamation. Council President Snider expressed appreciation to them for their service and as a former paramedic and person who worked as in EMS for many years,he said the entire community appreciates the work done by everyone in the EMS system. Councilor Goodhouse moved for approval of the EMS Week TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 12 proclamation and Councilor Anderson seconded the motion. The motion was approved unanimously. Council President Snider and Mr. Rench stood for a photo with the EMS Week proclamation. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) 4. APPROVE RESOLUTION TO APPOINT A PLANNING COMMISSION MEMBER Assistant Community Development Director McGuire presented this item. This appointment is for Melanie Brook to become a voting member to a position vacated by Commissioner Lambert who resigned in April. She has been a regular non-voting member and has attended Planning Commission meetings regularly. Councilor Woodard moved to approve Resolution No. 18-25 and Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. Council President Snider conducted a vote and the resolution passed unanimously. Resolution No. 18-25—A RESOLUTION APPOINTING MELANIE BROOK AS A VOTING MEMBER OF THE TIGARD PLANNING COMMISSION TO FILL FORMER COMMISSIONER LAMBERT'S UNEXPIRED TERM Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) 5. RECEIVE UPDATE FROM 2017-2018 LEADERSHIP TIGARD CLASS Two members of the 2017-18 Leadership Tigard class, Renee Brouse and Allison Burke, spoke about their experiences and learning opportunities they received as part of this year's class. Several other participants were in the audience. They learned a variety of aspects to the community including government,history, and culture. Due to the impact of Human Needs and Services Day their class chose a project called,"Fresh Start Kits," and collected donated items for 297 kits to be distributed to the area's most needy population. Council President Snider commended the class for coming up with this idea and getting them into the right people's hands. Councilor Woodard asked if they learned how many homeless kids are in the Tigard area. The Point in Time count has not been finalized but the school district estimates there are about 200-300. Councilor Woodard TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 12 commented that this has not changed much over the years. He thanked the Leadership Tigard class for the work they did. 6. CONSIDER A REGIONAL FLEXIBLE FUND IGA FOR MAIN STREET PHASE 2 Assistant City Engineer McMillan gave the staff report and described this first step in a Flexible Fund exchange process that kicks off the Main Street Phase 2. Oregon Department of Transportation,Metro and TriMet have been working together on a fund exchange to de-federalize some projects and bolster other projects that are federalized. This would release ODOT from their agreement,which provided funds for Main Street Phase 2 and then staff will return with another agreement with Metro that provides the funds for this project. The funds from this agreement will go towards the RFFA trail project and some other projects. Councilor Woodard moved to adopt the IGA amendment. Assistant City Engineer McMillan said staffs recommendation for a motion to terminate the local agency agreement with ODOT. Councilor Woodard rescinded his motion. Council President Snider asked for clarification of Agenda Item No. 6 and what action council was being asked to take. Councilor Woodard moved to authorize signing Amendment No. 1 terminating Local Agency Agreement 28978 entered into on May 23, 2013. Councilor Goodhouse seconded the motion. Council President Snider conducted a vote and the motion passed unanimously. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) 7. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN THE FIRST AMENDMENT TO THE TIEDEMAN CONNECTION IGA BETWEEN METRO AND TIGARD Engineering Project Coordinator Staedter gave the staff report and said this project is to fill in one of the gaps on the Fanno Greenway Trail in Woodard Park near the Tiedeman Avenue crossing from Dirksen Nature Park. The project costs changed since 2013 due to the boom in construction projects and the fact that staff realized a larger bridge was needed to handle non-motorized traffic on this trail. After a hydraulic analysis and an ADA grade analysis were complete staff went to Metro and discussed the cost changes. This IGA changes the name of Metro's project management department from their Planning Department to their Program Project Managers and also accepts the additional$140,000 in costs from Metro to complete the project. Councilor Anderson made a motion to approve the IGA amendment between Metro and Tigard for the Tiedeman Connection. Councilor Goodhouse seconded the motion. Council President Snider conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 12 Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) 8. CONSIDER ORDINANCE TO AMEND TIGARD MUNICIPAL CODE CHAPTER 2.12 a. Council President Snider opened the public hearing. b. Parks Division Manager Martin gave the staff report and said the Park and Recreation Board has requested to change their election of officers so it is more in sync with their board member terms which run July through June. They also consulted with City Attorney Rihala and removed the secretary as an office PRAB votes for because they have not elected one and staff takes minutes for their meetings. Another major change is term limits were also removed. c. No one asked to speak. d. There was no staff rebuttal as there was no public testimony. Parks Division Manager Martin said staff recommends that council adopt the changes. e. Councilor discussion and consideration: Councilor Woodard asked if Mr. Martin was concerned that the lack of term limits will limit the competition or current skill sets. Parks Manager Martin said the City Code said PRAB members can serve two terms but there was an instance where a valuable and experienced member who was the chair had to quit for a short period and then be reappointed. Councilor Woodard asked if there had been any conversation about a cap on the number of years served. Mr. Martin said anyone on the Board has to reapply every four years. City Manager Wine said the application process for PRAB and other boards and commissions remains the same. She said this request is similar to the direction other boards and commissions are going in removing term limits. f. Council President Snider closed the public hearing. g. Councilor Goodhouse moved to adopt Ordinance No 18-08 and Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. Ordinance No. 18-08—AN ORDINANCE AMENDING TIGARD MUNCIPAL CODE CHAPTER 2.12 TO MAKE THE ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON CONSISTENT WITH THE TERMS OF APPOINTMENT TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 12 Yes No Councilor Goodhouse ✓ Council President Snider V Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) Council President Snider announced that Ordinance No. 18-08 passed by a unanimous vote of council present. 9. CONSIDER RESOLUTION AMENDING THE PARK AND RECREATION ADVISORY BOARD BYLAWS Parks Division Manager Martin presented this item. He said it keeps consistency with the changes council approved under Agenda Item No. 8.Term limits are removed and officers will be elected at the first meeting after July 1. Councilor Woodard moved to approve Resolution No. 18-26. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. Council President Snider conducted a vote and the motion passed unanimously. Resolution No. 18-26—A RESOLUTION UPDATING THE PARK AND RECREATION ADVISORY BOARD BYLAWS Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson V Mayor Cook (Absent) 10. QUASI-JUDICIAL PUBLIC HEARING: SHELBY ANNEXATION (ZCA2018-00001) a. Council President Snider opened the public hearing. b. Hearing Procedures—City Attorney Rihala read the hearing procedures and said the decision must be based on the following substantive criteria: Community Development Code Chapters 18.710 and 18.720, Comprehensive Plan Goals 1, 11, 12 and 14,Metro Code Chapter 3.09,and Oregon Revised Statutes Chapter 222. c. Council President Snider asked Council if any member had a conflict of interest or ex parte contact. Council responded that they had none. d. Council President Snider asked if anyone in the audience challenged the participation of a Council member. No challenge was raised. TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 12 e. Staff Report—Associate Planner Smith gave the staff report for annexation of a 1.03 acre lot located on the north side of SW Bull Mountain Road and approved last year for delayed annexation as part of Zone 3 annexation. The effective date of Zone 3 was July 27,2020, however, current property owners wish to annex so they can hook up to city sewer immediately. Public Works staff reviewed this proposal and has determined that the City's sewer system has adequate capacity to serve this property. She had a letter from the applicant requesting this annexation. The requested annexation meets all applicable requirements. On April 16, 2018,the Planning Commission recommended approval of the annexation. f. The applicant will testify. Not present g. Public Testimony: Council President Snider called for any public testimony. No one signed up to speak or requested to testify. h. Response to testimony by staff- There was none. i. Applicant rebuttal to testimony-There was none. j. Council President Snider closed the hearing. k. Council Discussion and Consideration - Ordinance No. 18-09 Councilor Goodhouse moved to approve Ordinance No. 18-09. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance. ORDINANCE NO. 18-09—AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALING APPROXIMATELY 1.03 ACRES, APROVING THE SHELBY ANNEXATION (ZCA2018-00001),AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT City Recorder Krager conducted a roll call vote. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 8 of 12 11. COUNCIL CONSIDERATION OF AMENDMENT #6 TO THE CITY CENTER URBAN RENEWAL PLAN Redevelopment Manager Farrelly presented this item and said it is approval of a series of city council and urban renewal board actions resulting in a major milestone in downtown urban renewal—the redevelopment of agency-owned Main Street at Fanno Creek properties into a mixed use development. The first action is council approval of an urban renewal plan amendment adding the two properties to the list of properties to be disposed of under Project I—Real property disposition in the City Center Urban Renewal Plan.A major goal of that plan is to promote high quality development of retail, office and residential uses. There will be a mirroring action of the Town Center Development Agency. Councilor Anderson moved to approve Resolution No. 18-27. Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 18-27—A RESOLUTION AMENDING THE CITY CENTER URBAN RENEWAL PLAN BY ADDING THE DISPOSITION OF TWO PROPERTIES ON SW MAIN STREET (TAX LOT IDS 2S101AB02000 AND 2S102AB02100) Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard V Councilor Anderson ✓ Mayor Cook (Absent) Council President Snider announced that the motion passed unanimously. Council President Snider convened the Town Center Development Agency Board. 12. TCDA BOARD CONSIDERATION OF AMENDMENT#6 TO THE TOWN CENTER URBAN RENEWAL Redevelopment Manager Farrelly presented this agenda item and said staff is requesting that the TCDA Board approve a plan amendment for these same properties to be disposed of under Project I under the City Center Urban Renewal Plan. Director Woodard moved to approve TCDA Resolution No. 18-02. Director Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. TCDA Resolution No. 18-02— A RESOLUTION AMENDING THE CITY CENTER URBAN RENEWAL PLAN BY ADDING THE DISPOSITION OF TWO PROPERTIES ON SW MAIN STREET (TAX LOT IDS 2S101AB02000 AND 2S102AB02100) TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 12 Yes No Director Goodhouse ✓ Director Snider ✓ Director Woodard ✓ Director Anderson ✓ Chair Cook (Absent) Director Snider announced that TCDA Resolution No. 18-02 was adopted unanimously. 13. CONSIDER RESOLUTION FOR TOWN CENTER DEVELOPMENT AGENCY DEVELOPMENT AND DISPOSITION AGREEMENT Redevelopment Project Manager Farrelly presented this item.Authorization is being requested for the TCDA Executive Director to execute a Disposition and Development Agreement with Ava Tigard Development LLC to redevelop the Main Street at Fanno Creek properties.These two properties were acquired by the TCDA in 2015. With the help of$400,000 in EPA Brownfield grants the city successfully cleared and mediated the properties and we are about to receive a Prospective Purchaser Agreement—Certificate of Completion from DEQ. Mr. Farrelly noted that Ava Roasteria is a local chain of cafes and one of the LLC principals is present tonight,Amy Saberiyan. He said the owners will be the principals in the LLC. They have experience developing former brownfields which is a plus. Development plans include a branch of their cafe, a bakery,roasting facility and three or four floors of condominiums with parking underneath the building. There will also be a public deck facing Fanno Creek.A concept plan is posted on the wall in Town Hall which will be similar to an earlier plan but it will pull back the building away from the creek a little more. Exhibit B to the DDA will be the concept plan drawing. Mr. Farrelly said the DDA sets out responsibilities for Ava and the TCDA.The developers will pay the appraised fair market value and earnest money is due five days after execution of the agreement. There will be 12 months to close and during that time they will be submitting the project plans, doing any required land use review,holding a public meeting,and getting the TCDA Board's approval of final plans for the site.They will submit their financial plan for review. Construction will commence in not less than 12 months of closing and must be substantially completed within two years of closing. He noted that Dan Olsen,the attorney who worked on this agreement is present and can answer any questions on the agreement and details. Director Woodard asked if the design establishes piers or if it will be tagged off on the Main Street Bridge. Redevelopment Project Manager Farrelly said the best way to get the public deck is some sort of cantilevering off the side of the bridge or the property. Reestablishing new piers would require an entire new level of review, taking a lot of time and money. Director Woodard asked about the old piers and Mr. Farrelly said the original idea was to use two existing piers to hold up the deck and Clean Water Services and Army Corps of Engineers signed off on that but when the building was removed it turns out that the building was holding the pillars down and in a flood event they may not be safe. Few alternatives were available besides removing them. TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 10 of 12 Director Snider said this has been a long time coming and he was excited to act on this. He was glad one of the owners was present and he thanked them for their hard work for the city. City Attorney Rihala recommended the motion be read as printed. "I move to approved Resolution No. 18-03 with Exhibit B to be added upon its completion. Director Goodhouse moved to approve Resolution No. 18-03 with Exhibit B to be added upon its completion. Director Woodard seconded the motion. City Recorder Krager read the number and title of the resolution. TCDA Resolution No. 18-03—A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TOWN CENTER DEVELOPMENT AGENCY TO EXECU IE A DISPOSITION AND DEVELOPMENT AGREEMENT WITH AVA TIGARD DEVELOPMENT LLC TO REDEVELOP THE MAIN STREET AT FANNO CREEK PROPERTIES (TAX LOTS 2S102AB02000 AND 2S102AB02100) Yes No Director Goodhouse ✓ Director Snider V Director Woodard ✓ Director Anderson ✓ Chair Cook (Absent) Chair Snider announced that the motion passed unanimously. He thanked staff for all their work on this for over six years. Chair Snider reconvened the Tigard City Council 14. EXECUTIVE SESSION—None. 15. NON AGENDA ITEMS—None. 16. ADJOURNMENT At 8:28 p.m. Councilor Goodhouse motioned for adjournment. Councilor Woodard seconded the motion and Council President Snider conducted a vote. The motion passed unanimously. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 11 of 12 Carol A. Krager, City Recorder Attest: Jason Snider, Council President Date TIGARD CITY COUNCIL MEETING MINUTES — May 8, 2018 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov 1 Page 12 of 12 City of Tigard ® : Tigard City Council Meeting Minutes TIGARD 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 V Councilor Goodhouse V 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 I 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 I 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 1 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 V Councilor Anderson V 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 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 V Councilor Woodard V 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 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I 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 CHARLER 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 75th 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 1 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 I 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 1 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. Krager, City Recorder Attest: John L. Cook, Mayor Date TIGARD CITY COUNCIL MEETING MINUTES — May 22, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 10 of 10 AIS-3561 4. Business Meeting Meeting Date: 07/10/2018 Length (in minutes): 5 Minutes Agenda Title: CONSIDER RESOLUTION APPOINTING MEMBERS TO THE COMMITTEE FOR COMMUNITY ENGAGEMENT Submitted By: Carol Kroger, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution -Main Public Hearing: No Publication Date: Information ISSUE Shall Council appoint two new citizen representative members to the Committee for Community Engagement to fill two vacancies that opened in April 2018? STAFF RECOMMENDATION /ACTION REQUEST Mayor John Cook and committee liaison Councilor Marc Woodard interviewed Tigard residents Taylor Sarman and Lauren Rowles for two vacant CCE positions in June 2018, and both were considered to be qualified and strong candidates. Following their interviews with candidates,Mayor Cook and Councilor Woodard recommended that Mr. Sarman and Ms. Rowles be appointed each to four-year terms, starting at the committee's next scheduled meeting on July 18,2018. KEY FACTS AND INFORMATION SUMMARY There are 15 positions on the Committee for Community Engagement. Two vacancies were created when two members stepped down in April 2018. One member had recently taken over a volunteer position heading the CPO for Bull Mountain and another had competing priorities,including professional work commitments. The city recruited for new members in June and early July 2018,reaching out to the Washington County CPO organization to engage qualified county residents and promoting the openings on the city's social media platforms (Facebook,Nextdoor,Twitter), as well as on the city's website. The city also shared information with its community and neighborhood contacts and with the city's neighborhood Facebook pages. OTHER ALTERNATIVES Council could decide to not approve the recommendation.This would require reopening the recruitment. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Strategic Plan, Goal 3: Engage the community through dynamic communications. City of Tigard Vision Task Force: "The City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community." DATES OF PREVIOUS COUNCIL CONSIDERATION N/ 1 Attachments CCE Members Tuly 2018 , CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18 - A RESOLUTION APPOINTING LAUREN ROWT.FS AND TAYLOR SARMAN TO THE COMMITTEE FOR COMMUNITY ENGAGEMENT, EACH FOR A TERM OF FOUR YEARS, EFFECTIVE JULY 18,2018 THROUGH JULY 17,2022. WHEREAS, the bylaws of the Committee for Community Engagement as of May 2017 call for appointing up to 15 members on the Committee for Community Engagement;and WHEREAS, the committee already has 13 standing members, with two vacancies to be filled by eligible applicants who reside, own property, own a business or work within the City of Tigard's Urban Services Boundary;and WHEREAS, Lauren Rowles and Taylor Sarman were interviewed by Mayor John Cook and committee liaison Councilor Marc Woodard on June 27, 2018, for two open positions on the Committee for Community Engagement. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Lauren Rowles is appointed to the Committee for Community Engagement as a Member for a four-year term,effective July 18,2018 through July 17,2022. SECTION 2: Taylor Sarman is appointed to the Committee for Community Engagement as a Member for a four-year term,effective July 18,2018 through July 17,2022. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2018. Council President-City of Tigard A'"TEST: City Recorder-City of Tigard RESOLUTION NO. 18- Page 1 • AIS-3534 5. Business Meeting Meeting Date: 07/10/2018 Length (in minutes): 15 Minutes Agenda Title: Consider an Ordinance Amending Tigard Municipal Code Chapter 15.08 to Conform to the City's Vacation Process to State Law Prepared For: Kim McMillan Submitted By: Kelly Burgoyne, Central Services Item Type: Motion Requested Meeting Type: Council Ordinance Business Public Hearing-Legislative Meeting- Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information • ISSUE Shall the City of Tigard amend Chapter 15.08 of the Tigard Municipal Code (TMC) to conform the street vacation process to state law? STAFF RECOMMENDATION /ACTION REQUEST Adopt the ordinance amending TMC Chapter 15.08 to streamline the process and conform with the process required by state law. KEY FACTS AND INFORMATION SUMMARY Working with the city attorney on street vacation requests in the past couple of years,it was determined that the current TMC language is more extensive than required by state law. The current TMC requirements are also confusing and contain incorrect cross references. The city attorney has reviewed Chapter 15.08, Street Vacations,and is proposing revised code language for council consideration. The proposed code language will streamline the process to conform to what is required by state law. Though the process will be simplified, state law contains many of the existing TMC protections for adjacent landowners, such as requiring a public hearing,notice, and the opportunity to object. Vacation statutes are in ORS 271.080 to 271.230. OTHER ALTERNATIVES Council could withhold adoption of the proposed code amendment,but the current code would continue to contain incorrect cross references. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS Not applicable. DATES OF PREVIOUS CONSIDERATION Not applicable. Attachments Ordinance Amending TMC 15.08 Vacations Exhibit A TMC 15.08 Amendments CITY OF TIGARD,OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- AN ORDINANCE AMENDING CHAPTER 15.08 OF THE TIGARD MUNICIPAL CODE TO CONFORM THE STREET VACATION PROCESS TO STATE LAW WHEREAS, Chapter 15.08 of the Tigard Municipal Code establishes the City's street vacation procedures; and WHEREAS, the existing Code provisions are confusing, more extensive than required by state law, and contain incorrect cross references;and WHEREAS, the City wishes to streamline the vacation process to conform to the process required by state law. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council amends Chapter 15.08 of the Tigard Municipal Code as shown in the attached Exhibit "A" (additional language is shown in underline and deleted text is shown in ). SECTION 2: This ordinance shall be effective 30 days after its passage 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. Jason Snider, Council President Approved as to form: City Attorney ORDINANCE No. 18- Page 1 Exhibit A TIGARD MUNICIPAL CODE Chapter 15.08 STREET VACATIONS. 15.08.020 Scope--Statutory Procedures Applicable. Sections: (a) This chapter shall apply to the vacation of all or part of any street, avenue, 15.08.010 Purpose. boulevard, alley, plat, public square or other 15.08.020 Scope--Statutory Procedures public place. (Ord. 85-01 §1(Exhibit A(part)), Applicable. 1985). 15.08��o.030—Action—Rcco rd-atio n • (b) Whenever deemed in the public •! ••!' ! interest,the City may vacate a public place as Propert3. provided by ORS 271.080,et seq. .. .08.030 -fiction Recordutien Petition Corm Effective Date Vocation-Petition—Notice-To (a) A vacation shall be by ordinance by Interested—Par—ties; the Council. (b) No vacation shall be effective until the Doeuments; ordinance vacating the property is recorded by .! :.! : ! ' • ' '• • ' • : •• • •• • • - r the Recorder with the County Clerk, assessor Review. and surveyor. .! ! ! I • '• • ' (c) No vacation shall be recorded until: 15.08.110 Council Sets Hearing Date Concurrent Hearings. (1) All fees have been paid as 15.08.120 Notice. provided by Section 15.08.160 of this chapter; 1 1 . (2) All required legal instruments have been signed and the Recorder finds that all .! . ' ! • • • • • •• ! • • required signatures have been placed on the documents; and Exeeption. (3) The petitioners have complied .! . ! ' : •• • • e • • • • • • with all of the applicable conditions of approval Liens. except as provided by Section 15.08.110(c)of ! •• ' • •• . • this chapter. (Ord. 85 01 §1(Exhibit A(part)), Maintenance Of Records. ). 1 ' 1 ' • e . .. T-itle-To-Vaeated-Area; 1. .! :. : ! . ' . . . • e Pro y. (a) A vacation may be initiated in two 15.08.010 Purpose. ways: The purpose of this chapter is to (1) Any interested person(s)may establish procedures for the vacation of a street, file a petition requesting a vacation in the way, alley, plat,public square or other public manner provided by this chapter; or places. (Ord. 85-01 §1(Exhibit A(part)), 1985). 15-08-1 Exhibit A TIGARD MUNICIPAL CODE (2) The Council may make a (1) Explaining the costs associated vacation without a petition or consent from the with a vacation; and affected property owners provided: (5) Advising on the feasibility of the (A) Notice is given as proposal. (Ord. 85 01 §1(Exhibit A(part)), provided by section 15.08.120 of this chapter; 448-5), (B) The owners of the 15.08.060 Notice Of Intent To File Vacation Petition Notice To majority of the arm affected computed on the Interested-Par-ties; basis of ORS 271.080 have not objected in writing; and (a) Following the prepetition conference and determination of the ar a to be vacated,the (C) All abutting property interested person or persons shall file a notice of owners have consented to the vacation except intent to file a vacation petition with the the City may proceed with the vacation without Recorder. the consent of the owners provided the City pays damages in situations where the vacation (b) The notice of intent shall be substantially affects the market value of the accompanied by a fee deposit as provided by may` Section 15.08.160 of this chapter, and it shall be accompanied by a copy of the assessor's map (b) In the event that City owned property showing the area to be vacated. abuts an area proposed for vacation,the City Manager shall have the authority to give consent (c) The Recorder shall give the notice of or withhold consent for purposes of initiating the intent to vacate to all utility providers,the petition. (Ord. 03 08, OOrd. 85 01 §1(Exhibit A(part)), 1985). to file a vacation petition and shall request all utility providers and interested persons to • • • provide a written response within thirty days regarding any interest they have in the area to be Petition Form. vacated which must be protected and the means by which it should be protected. (Ord. 85 01 (a) Persons interested in submitting a §1(Exhibit A(part)), 1985). vacation petition shall make application to the City Recorder for a prepetition conference and • i , , •• ; ' . • . • . . • , . shall meet with the Recorder, Planning Director and Public Works Director in a prepetition Poen-meats; conference. (a) At such time as each utility provider (b) The prepetition conference shall be for and interested party has responded to the notice the purpose of: vacation; of intent,the City Recorder shall request the Public Works Director to: (1) Determining the specific area to be vacated; (1) Identify on a county tax map the specific area to be vacated and the real property (2) Explaining the procedures for a affected by the proposed vacation as provided by vacation; ORS 271.080(2); (3) Explaining the approval criteria; (2) Identify all legal documents 15-08-2 Exhibit A TIGARD MUNICIPAL CODE which shall be required as a condition of by the Director of Public Works which is signed granting the vacation such as utility and access by all required persons; and ascments; (1) A certificate showing that all (3) Provide an estimate of costs as City liens and all taxes have been paid on thc provided by Section 15.08.160 of this chapter; land covered by the petition in the case of a vacation of a plat or a portion thereof; ('1) Provide a legal description for the area to be vacated unless the Dircctor of (5) A report from a title company Public Works finds it should be done by other indicating the name and address of all persons than City personnel; holding an interest in the abutting property and affected property. (5) Any conditions of approval which would be attached to the vacation known (c) The petition shall: at this point in the process; and (1) Set forth a description of thc (6) Provide information as to where ground proposed to be vacated; to locate a list of the names of owncrs and persons having an interest in the real property (2) Statc the purpose for which thc which will be affected by the vacation as ground is proposed to be used; provided by ORS 271.080(2). (3) State the reason for the (b) The Recorder shall mail the petition vacation; and form, and information compiled by the Director of Public Works, as a part of Section 15.08.070 (1) Contain the notarized signatures (A)of this chapter to the interested person required by ORS 271.080 (2). (Ord. 85 01 identified at the prepetition conference to §1(Exhibit A(part)), 1985). coordinate the vacation process. (Ord. 85 01 §1(Exhibit A(part)), 1985). •. •••. • ! _ (a) Planning Director's Report. Review (I) The Planning Director shall (a) The application shall be presented to prepare a report which includes a the Recorder who shall not accept incomplete recommendation to approve, approve with applications. conditions or deny the petition which shall be submitted to the Planning Commission as (b) A complete application shall include: provided by Section 15.08.100 of this chapter for a recommendation by the Planning (l) A completed petition consenting Commission. to the vacation which is signed by all abutting _ • . .- - (2) The recommendation shall be less than two thirds of the property affected as based on findings of compliance or provided by ORS 271.080(2); noncompliance with the comprehensive plan. (2) A fee deposit as required by (3) The recommended conditions of Section 15.08.160 of this chapter; approval,if any, shall be those conditions necessary to carry out the comprehensive plan. (3) Each legal instrument required 15-08-3 Exhibit A TIGARD MUNICIPAL CODE (b) Public Works Director Report. comprehensive plan and shall be for approval, approval with conditions or denial. (1) The Public Works Director shall prepare a report which includes a (c) The Planning Commission recommendation to approve, approve with - - - - - ••conditions or deny the petition which shall be submitted to the Council by the Planning submitted to the Council as provided by Section Director as part of the public hearing record as 15.08.130 of this chapter. provided by Section 15.08.130(b)of this chapter. (Ord. 85 01 §1(Exhibit A(part)), 1985). (2) The recommendation shall be based on findings of: .! :. ! • • . - •• - • •_ ! : • Comenfreitt-Helifings (A) The effect on: (a) Within thirty days of receipt of the (i) Traffic, completed petition,the Recorder shall place on pedestrian and bicycle circulation; the Council's agenda a request for the Council to set a public h aring date on the petition. The (ii) The provision recorded shall give notice to at lest one of the of fire and police service as related to increasing petitioners of the meeting at which the Council response time; will consider setting the hearing date. (iii) Drainage; (b) The Council may deny the petition after notice to the petitioners of each proposed (iv) The provision action,but if there appears to be no reason why of utilities; the petition should not be allowed in whole or in part,the Council shall fix a time for a formal (13) Compliance with the hearing upon the petition. comprehensive plan, transportation element; (c) Two or more streets, alleys,avenues, (C) Compliance with the boulevards or parts thereof, may be joined in one capital improvements program. proceeding provided they intersect or adjoin to each other. (Ord. 85 01 §1(Exhibit A(part)), (1) The recommended conditions of -1-945* approval, if any, shall be those conditions necessary to protect the public interest. (Ord. 85 15.08.120 Notice. 01 §1(Exhibit A(part)), 1985). (a) Notice of the public hearing shall be .• :. ! ! ' ' given as follows: The Planning Director shall submit the report (1) The Recorder shall give notice prepared under Section 15.08.090(a)of this of the petition and hearing by publishing a chapter for review and a recommendation by the notice in the City official newspaper once each Planning Commission to the Councilweek for two consecutive weeks prior to the hearing. (a) No public hearing shall be required and the Commission shall act by resolution. (2) The Recorder shall cause notice to be posted at or near each end of the proposed (b) The recommendation by the Planning vacation and in at least two conspicuous places Commission shall be based on findings of in the proposed vacation areas within five days compliance or noncompliance with the 15-08-4 Exhibit A TIGARD MUNICIPAL CODE after the first day of publication. a portion thereof. (b) The posting and first day of (b) The Council findings shall be based publication of the notice shall not be less than err fourteen days before the hearing. (1) The petition; (c) The notice shall contain the following: (2) The public testimony; (1) A heading entitled "Notice of Vacation," and the blank shall indicate what is (3) The recommendation of the proposed to be vacated; Planning Commission; (2) A description of the arm to be (1) The report of the Public Works vacated by the petition; Director; (3) The date the petition was filed; (5) The letters submitted by utility (1) The name of at 1 ast one pet ioner (6) A report by the City Engineer regarding the payment of taxes, liens, and fees. (5) The date by which any objection or remonstrance shall be filed in writing with the (c) The conditions of approval may Recorder. (Ord. 92 05 §1(Exhibit A), 1992; Ord. pertain 85 01 §1(Exhibit A(part)), 1985). (1) The maintenance and use of 15.08.130 Council Action Approval underground public utilities or service facilities in the vacated portion; Payment OfTaxes. (2) Limitations on the use of the (a) The Council shall hold the public area above and adjacent to underground utilities hearing and it shall approve, approve with or service facilities; conditions or deny the petition in whole or in part by ordinance based on findings that: (3) Moving at petitioner's expense the utilities or services either below, on,or (1) The consent of the owners of above the surface; the requisite area have been obtained or the provisions of Section 15.08.010 (2) of this (1) Construction, extension chapter have been satisfied; or relocation of sidewalks and curbs; (2) Proper notice has been given as required by Section 15.08.120 of this chapter; (5) Grading or pavement extensions; (3) The public interest will not be prejudiced by the vacation; and (6) Dedication for street use of other area in lieu of the ar a to be vacated; (1) A certificate showing that all City liens and all taxes have been paid on the (7) The posting of a performance land covered by the petition has been filed with bond to assure that all work shall be completed; the Recorder in the case of a vacation of a plat or and 15-08-5 Exhibit A TIGARD MUNICIPAL CODE (8) Any other matter relating to the covenants which are recorded with the county. vacation which is necessary to protect the public or adjoining property owners or to carry out the (2) The petitioner shall make a comprehensive plan. (Ord. 85 01 §1(Exhibit formal request to the Recorder for an exception. A(part)), 1985). The Recorder shall advise the Council at the public hearing of the request, and the Council . • •• ! . . shall act upon the request as a part of the approval process. (Ord. 85 01 §1(Exhibit A(part)), 1985). 15.08.150 Payment Of Taxes And City (a) Acceptance of Conditions Required. Liens. (1) The petitioners shall file with No ordinance for the vacation of all or the Recorder a document which has been part of a plat shall be passed by the Council until approved by the City Attorney which accepts the the petitioner has filed with the Recorder a terms and conditions of the approval except it certificate showing that all City liens and all shall not be required in the event that the taxes have been paid on the lands covered by the conditions have been satisfied by the conclusion plat or portion thereof to be vacated. (Ord. 85 01 of the hearing. §1(Exhibit A(part)), 1985). (b) Satisfaction of Conditions Required. 15.08.160 Fees Recording Costs And Maintenance O f Record (1) All conditions of approval shall be satisfied prior to the recording of the (a) The petitioners shall be responsible ordinance approving a petition for a vacation for all costs associated with the vacation. The unless an exception is granted by the Council costs shall include advertising costs, legal fees, under the provisions of Section 15.08.110 of this employee total compensation costs,processing chapter. costs, and costs of recording and preparation of the certified ordinance and map.No application (c) Exception. shall be accepted unless it is accompanied by a signed fee agreement. (1) The Council may grant an exception to the requirement that all conditions of approval be satisfied prior to the recording of accompanied by a deposit as required by the the ordinance if it finds that the vacation petition adopted fee schedule to cover the cost of giving involves one property owner and upon the notice as required by Section 15.08.060(D)and conditions that: of this chapter and the preparation of the information required by Section 15.08.070 of (A) The petitioner posts a this chapter. The City shall not accept a petition performance bond in the amount of the project to vacate until all costs incurred by the City at cost as estimated by the Public Works Director; this stage of the process arc paid. (B) It is agreed in writing (c) The petition shall be accompanied by that the work will be completed within one year; a deposit in the amount estimated by the Director of Public Works to cover all subsequent costs for work required by this chapter. In no (C) The petitioner grants to case shall the deposit required be less than the the City a right of access to the property a right amount required by the adopted fee schedule. to complete the improvement in the form of 15-08-6 Exhibit A TIGARD MUNICIPAL CODE (d) The City shall maintain an accounting (Ord. 85 01 §1(Exhibit A(part)), 1985). of the actual costs and ach petition shall be accompanied by a time recording sheet and: .! :. : ' • . . • Rededieatien (1) Each employee engaged in work on the petition shall record their time on the time No street shall be vacated upon the sheet and shall record the activity on which the petition of any person when it is proposed to time was spent; replat or rededicate all or any street in lieu of the original unless the provisions of ORS 271.160 (2) The Recorder shall maintain a are satisfied. (Ord. 85 01 §1(Exhibit A(part)), record of all expenses associated with thc, ). petition. (e) Copies of all records shall be available for inspection. (f) All costs shall be paid prior to the recording of the ordinance and any excess funds •Shall be refunded to petitioners as provided by the deposit agreement. (Ord. 85 01 §1(Exhibit A(part)), 1985). Title T„ Vacated A (a) Recordation of Ordinance. (1) The vacation shall become effective upon the recordation of a certified copy of the ordinance by the City Recorder, a petitioner,or designated representative with thc County Clerk, county assessor and county surveyor. (b) Title to Vacated Areas. (1) The title to a street or other . . ' . - . .. :lie square shall attach to the lands bordering on such area in equal portions except that where the area has been originally dedicated by different persons and the fee title to such area has not been otherwise disposed of, original boundary lines shall be adhered to and the street area which lies on each side of the boundary line shall attach to the abutting property on such side. (2) In the event a public square is vacated,the title thereto shall vest in the City. 15-08-7 AGENDA ITEM No. 5 Date: July 10, 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 15.08 — STREET VACATIONS 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. 5 Date: July 10, 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. I 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-3535 6. • Business Meeting Meeting Date: 07/10/2018 Length (in minutes): 15 Minutes Agenda Title: Consider an Ordinance Amending Tigard Municipal Code Chapter 2.04 to Authorize the City Manager to Execute Certain Real Property Documents Prepared For: Kim McMillan Submitted By: Kelly Burgoyne, Central Services Item Type: Motion Requested Meeting Type: Council Ordinance Business Public Hearing-Legislative Meeting- Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the City of Tigard approve an ordinance amending Chapter 2.04 of the Tigard Municipal Code (TMC) clarifying the City Manager's signature authority on certain real property documents? STAFF RECOMMENDATION /ACTION REQUEST Adopt the ordinance clarifying the city manager's signature authority on certain real property documents. KEY FACTS AND INFORMATION SUMMARY In an effort to develop a more uniform process for the execution of certain property documents,a clarification to signing authority is requested. Chapter 2.04 of the Tigard Municipal Code identifies the duties of the city manager. The proposed code amendment would add to those duties by granting the city manager the authority to accept, on behalf of the city offers of dedication and grants of interest in real property that are consistent with city policy. This includes: •Any expansion or realignment of a public facility for which the City council has approved acquisition of right-of-way or declared necessity to acquire the same •Any public facility or easement required by the terms of a final land use approval •Acceptance of right-of-way,including roads and public ways of whatever kind •Road related easements,including,but not limited to temporary construction easements, drainage easements, and slope easements •Water line easements •Sanitary sewer easements •Stormwater easements This delegation also includes the authority to relinquish easements held by the city which are no longer needed and for which a vacation process is not necessary. The city manager may further delegate this authority. OTHER ALTERNATIVES Council could withhold authorization of the proposed ordinance amendating the city manager's signature authority on certain real property documents. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS Not applicable. DATES OF PREVIOUS CONSIDERATION Not applicable. Attachments Ordinance CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- AN ORDINANCE AMENDING CHAP'1'LR 2.04 OF THE TIGARD MUNICIPAL CODE TO CLARIFY THE CITY MANAGER'S SIGNATURE AUTHORITY ON CERTAIN REAL PROPERTY DOCUMENTS WHEREAS, the City of Tigard wishes to develop a more uniform process for the execution of certain real property documents; and WHEREAS, Chapter 2.04 of the Tigard Municipal Code identifies the duties of the city manager; and WHEREAS, the Tigard City Council wishes to clarify its delegation of authority to execute certain real property documents to the city manager. NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council amends Section 2.04.040 of the Tigard Municipal Code to add the following duty (additional language is underlined and deleted text is shown in:,•trikcthrough): The city manager shall: G. Have authority to accept, on behalf of the city, offers of dedication and grants of interest in real property that are consistent with city policy, as shown by one of the following: any expansion or realignment of a public facility for which the city council has approved acquisition of right-of- way or declared necessity to acquire the same; any public facility shown on a city plan adopted and approved by the city council; and any public facility or easement required by the terms of a final land use approval. This delegation to the city manager includes the authority to accept right-of-way, including roads and public ways of whatever kind; road-related easements, including but not limited to temporary construction easements, drainage easements, and slope easements; water line easements; sanitary sewer easements; and stormwater easements. This delegation also includes the authority to relinquish easements held by the city which are no longer needed and for which a vacation process is not necessary. The city manager may further delegate this authority. ORDINANCE No. 18- Page 1 SECTION 2: This ordinance shall be effective 30 days after its passage 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. Jason Snider, Council President Approved as to form: City Attorney ORDINANCE No. 18- Page 2 AGENDA ITEM No. 6 Date: July 10, 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 2.04 TO AUTHORIZE THE CITY MANAGER TO EXECUTE CERTAIN REAL PROPERTY DOCUMENTS 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. 6 Date: July 10, 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-3536 7. Business Meeting Meeting Date: 07/10/2018 Length (in minutes): 15 Minutes Agenda Title: Consider Ordinance Updating Tigard Municipal Code Chapter 7.70 - Secondhand Dealers and Transient Merchants Prepared For: Leigh Erickson, Police Submitted By: Lisa Shaw, Police Item Type: Ordinance Meeting Type: Council Business Meeting Public Hearing- Legislative - Main Public Hearing: Yes Publication Date: Information ISSUE Update TMC 7.70,which regulates secondhand dealer and transient merchants, to reference a generic secondhand dealer record keeping system rather than name a specific vendor in code. STAFF RECOMMENDATION / ACTION REQUEST Approve the TMC 7.70 code changes to reference a generic secondhand dealer recordkeeping system. KEY FACTS AND INFORMATION SUMMARY Tigard Municipal Code 7.70 regulates secondhand dealers and transient merchants. The existing code language names a specific vendor that dealers must use to enter their transactional data, Northwest Regional Automated Information Database (RAPID). In order to meet changing operational and technological needs, the Police Department wishes to update the TMC language to reference a generic recordkeeping system in order to implement a system that offers more functionality and capability to investigate criminal activity than the current system. OTHER ALTERNATIVES Maintain the current vendor-specific language in TMC 7.70. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS This action supports the Police Department's goal to "enhance the safety and security of Tigard's residents, visitors and businesses." DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first request of Council on this code change. Attachments TMC 7.70 Ordinance CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 7.70 TO DELEI'h REFERENCES TO RAPID AS THE CITY'S RECORDKEEPING SYS'T'EM FOR SECONDHAND DEALERS WHEREAS,Tigard Municipal Code Chapter 7.70 regulates secondhand dealers and transient merchants;and WHEREAS, the Code currently requires secondhand dealers to enter certain transactions into the Northwest Regional Automated Information Database (RAPID);and WHEREAS, the Tigard Police Department wishes to change vendors from RAPID to a product that offers more functionality and capability to investigate criminal activity,thereby requiring that TMC 7.70 be updated to allow for a new recordkeeping system. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council amends Chapter 7.70 of the Tigard Municipal Code as shown in the attached Exhibit "A" (additional language is shown in underline and deleted text is shown in steiketltreugh). SECTION 2: This ordinance shall be effective 30 days after its passage 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 A. Krager, City Recorder APPROVED: By Tigard City Council this day of ,2018. Jason Snider,Council President Approved as to form: City Attorney Date ORDINANCE No. 18- Page 1 TIGARD MUNICIPAL CODE Excerpts from C. "Business location" means any physical Chapter 7.70 SECONDHAND DEALERS location where the dealer conducts business. AND TRANSIENT MERCHANTS D. "Chief of police" means the chief of the Tigard Police Department or his/her designee. 7.70.010 Definitions E. "Criminal arrests or a conviction" refers As used in this chapter, unless the context to any offense defined by the statutes of the State requires otherwise: of Oregon or ordinances of the City of Tigard, unless otherwise specified. Any arrest or A. "Acceptable identification"means either conviction for conduct other than that denoted by a current driver's license, a State of Oregon the statutes of the State of Oregon or ordinances Identification Card issued by the Department of of the City of Tigard, as specified herein, will be Motor Vehicles, or two current United States, considered to be equivalent to one of such state, or local government-issued identification offenses if the elements of such offense for which cards, one of which has a photograph of the seller. the person was arrested or convicted would have Transactions which are accompanied by a constituted one of the above offenses under the thumbprint require only one current United States, applicable Oregon statutes or City of Tigard state, or local government-issued identification ordinance provisions. card which has a photograph of the seller, or a current passport from any country. F. "Dealer"or"secondhand dealer" B. "Acquire" means to take or transfer any 1. Means any: interest in personal property in a voluntary transaction, including but not limited to: sales; a. Sole proprietorship, partner- consignments; memoranda between a dealer and a ship, limited partnership, family limited partner- private party seller; leases; trade-ins; loans; and ship,joint venture, association, cooperative, trust, abandonments. "Acquire" also means to take or estate, corporation, personal holding company, transfer any interest in precious metals, in a limited liability company, limited liability voluntary transaction, for the purpose of partnership or any other form of organization for refinement. Any acquisition of regulated property doing business and that either: by a dealer will be presumed to be an acquisition on behalf of the secondhand dealer business. i. Acquires regulated Notwithstanding the foregoing, "acquire"does not property at or from business locations within the include: City of Tigard, or on behalf of such a business regardless of where the acquisition occurs,or 1. Any loans made in compliance with state laws by persons licensed as ii. Offers for sale regulated pawnbrokers by the State of Oregon; or property. 2. Memoranda between a secondhand b. Pawnbroker licensed under the dealer and a person engaged in the business of Oregon Pawnbroker's Act, ORS 726.040 et. seq. selling regulated property. 726.020, 726.990. TIGARD MUNICIPAL CODE 2. Dealers that acquire or offer for in treating or caring for ailments and/or conditions sale not more than 50 items of regulated property in humans or animals. in any one-year period will be categorized as an "occasional secondhand dealer." The term J. "New" means anything conspicuously "dealer" in this chapter and all regulations herein not used. refer to secondhand dealers, occasional secondhand dealers and pawnbrokers unless K. "Pawnbroker" means any business specifically stated otherwise. required by Oregon Revised Statute 726.040 to hold an Oregon pawnbroker's license. 3. "Dealer"does not include: Pawnbrokers are required by Chapter 7.70 to have a secondhand dealer permit. As a dealer, all a. A business whose acquisitions transactions occurring within their business of regulated property consist exclusively of (loans, buys, or consignments) are subject to all donated items and/or purchases from 501(C)3 requirements within this chapter unless otherwise organizations;or stated. b. A person whose only business L. "Person"means a natural person. transactions with regulated property in the City of Tigard consist of the sale of personal property M. "Principal" means any person who will acquired for household or other personal use;or be directly engaged or employed in the management or operation of the secondhand c. A person whose only business dealer business, including any owners and any transactions with regulated property in the City of shareholders with a five percent or greater interest Tigard consist of a display space, booth, or table in the company. maintained for displaying or selling merchandise at any trade show, convention, festival, fair, N. "Receive" means to take property into circus, market, flea market, swap meet or similar the inventory,possession,or control of a dealer. event for less than 14 days in any calendar year. O. A"registered business"must be: G. "Held property" means any regulated property that cannot be sold, dismantled or 1. Registered with the Secretary of otherwise disposed of for a prescribed period of State Corporate Division or its equivalent in the time as more specifically enumerated in Section state where the business is located;and 7.70.090. 2. In compliance with the City of H. "Investment purposes" means the Tigard business license registration requirements. purchase of personal property by businesses and the retention of that property in the same form as P. "Recordkeeping system" means the purchased, for resale to persons who are program designated by the chief of police as the purchasing the property primarily as an secondhand dealer transaction recordkeeping investment. system. I. "Medication" means any substance or 2P."Regulated property" means property of preparation, prescription or over-the-counter, used a type that has been determined by the chief of police to be property that is frequently the subject TIGARD MUNICIPAL CODE of theft, including new items as defined in this section as well as used items such as precious 1. Engaged in the business of metals, precious gems, watches, sterling silver, purchasing or acquiring regulated property from electronic equipment, photography equipment, business locations within the City of Tigard; tools, musical instruments and cases, firearms, sporting equipment, and household appliances. In 2. Engaged as an itinerant or order to enhance the police department's ability to temporary business under the provisions of the reduce property crimes and recover stolen goods, Tigard Municipal Code,Chapter 5.04;and a list of regulated property may be included in the administrative policies and procedures, and shall 3. Engaged in the business of be updated by the chief of police. A copy will be purchasing such regulated property from any kept on file in the Tigard Police Department. person not representing a business which is P . required to be issued a business license or special certificate under Chapter 5.04 of the Tigard R.Q."Remanufactured" means that an item Municipal Code, and who appears with such has been altered to the degree that the main articles at the dealer's place of business. components are no longer identifiable as the original item. W.L "Used" means anything that has been put into action or service. S.R. "Seller"means any person who: W. "PPDS" (Portland Police Data System) 1. Offers items of regulated property means the computerized record keeping system in exchange for money or other property; or as the Tigard Police Department utilizes to manage collateral for a loan;or data, including, but not limited to, secondhand dealers' transaction reports, and includes the 2. Donates or abandons items of RegJIN record keeping system. regulated property. X. "RAPID" (Northwest Regional T.S. "Trade show" means an event open to Automated Information Database) means the the public, held in a venue other than a dealer's computerized, web based record keeping system business location, at which vendors of a specific the Tigard Police Department utilizes to manage type of merchandise may exhibit, buy, sell, or data pertaining to secondhand dealers' transaction trade items that may include regulated property. reports.(Ord. 14-11 §1; Ord. 09-07§1) Events commonly known as flea markets or 7.70.080 Reporting of Secondhand swap meets, in which goods of many types are Dealer Transactions exhibited, sold or traded, are not considered trade shows for the purpose of this chapter. A. Dealers shall provide to the Tigard Police Department all required information as set U.T."Transaction report" means the record forth by the Tigard Police Department for each of the information required by Section 7.70.080, regulated property transaction (not including transmitted to the Tigard Police Department by sales). The chief of police may designate the the means required in Section 7.70.080. format for the transfer of this information and may direct that it be communicated to the criminal V.14,"Transient merchant"means any person: TIGARD MUNICIPAL CODE investigations unit by means of mail, the Internet, relating to the regulations of this chapter. Dealers or other computer media. may utilize their own forms, in lieu of those 1. In any such case that the chief supplied by the Tigard Police Department, if the directs that the information be transmitted via chief of police has approved such forms. The computer media, the chief may also direct the declaration of proof of ownership will be system that will be utilized in order to ensure considered to be included in references in this conformity among all secondhand dealers. All chapter to the transaction report form, as secondhand dealers shall enter their transactions appropriate.(Ord. 14-11 §1;Ord. 09-07§1) into RAPID, Tigard's designated the city's fepefting recordkeeping system. 7.70.090 Regulated Property Sale 2. If, after establishing the format and Limitations requirements for the transmission of computerized reports of transactions,the chief of police alters the A. Regulated property is subject to the required format, dealers will be given at least 60 following limitations: days to comply with the new format requirements. If unable to implement the reporting system before 1. Holding Period. Regulated property the deadline, a dealer must submit a written acquired by any secondhand dealer must be held request for additional time to the chief of police for a period of 30 full days from the date of before the deadline. acquisition. Pawnbroker loan transactions are exempt from the 30-day hold requirements of 3. Pawnbrokers are required to report Section 7.70.090 because of the redeemable only new transactions. Loan renewals do not need nature of the loans and the holding requirements to be reported. in ORS 726. However, if the loan is converted to a buy by the pawnbroker within 30 days from the B. The following apply to occasional date of the pawn transaction, the difference secondhand dealers: between the original date of the pawn and the buy will count toward the 30-day hold requirement. 1. Occasional secondhand dealers All other provisions of Section 7.70.090 remain in may request an exemption from using %4P.ID effect. the recordkeeping system. The exemption will allow occasional secondhand dealers to, as an 2. The following sections apply to the alternative, submit their transactions on hold period: transaction report forms created by the chief of police. The request for this exemption must be a. The hold period for items may made in writing to the chief of police. be reduced from 30 days to 20 days if the item either displays a complete legible serial number; 2. The Tigard Police Department will or is an item of jewelry; or is precious metal provide all occasional secondhand dealers with scrap.The dealer must: transaction report forms at cost until 60 days after such time that the chief of police directs a change i. Report the acquisition in the reporting method. The chief of police may into RAPID the recordkeeping system on the specify the format of the transaction report form. same day the acquisition occurs; The chief of police may require that the transaction report form include any information TIGARD MUNICIPAL CODE ii. Include a description in the RAPID recordkeeping system entry of the degree of detail for the type of item as required in the administrative policies and procedures and Tigard Municipal Code Chapter 7.70; iii. Include a digital photograph of sufficient size and focus to identify the item and distinguish it from similar items and that clearly shows any legible serial number on the item in the RAPID recordkeeping system entry;and iv. Comply with all remaining requirements in the administrative policies and procedures. b. A dealer may be required to reinstate a 30-day hold period if an examination of RAPID the recordkeeping system entries reveals a pattern of insufficient item descriptions or insufficient photographs. *** AGENDA ITEM No. 7 Date: July 10, 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 7.70 - SECONDHAND DEALERS AND TRANSIENT MERCHANTS 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. 7 Date: July 10, 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-3549 8. Business Meeting Meeting Date: 07/10/2018 Length (in minutes): 5 Minutes Agenda Title: Consider Authorizing the Purchase of Shelter/Restroom for Dirksen Nature Park Submitted By: Kelly Burgoyne, Central 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 the purchase of a pre-engineered shelter/restroom for Dirksen Nature Park from Romtec, Inc.? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends the Local Contract Review Board award the purchase of a pre-engineered shelter/restroom for Dirksen Nature Park from Romtec, Inc. under a permissive cooperative purchase through the BuyBoard Cooperative Purchasing Network in the amount of$115,462. KEY FACTS AND INFORMATION SUMMARY The City is looking to purchase a picnic shelter with a 3-stall restroom for the third development phase of Dirksen Nature Park. This shelter and restroom facility will be the future location for site interpretation and wayfinding and is located immediately adjacent to the new nature play area. Both the shelter and nature play will be constructed in summer and fall of 2018. he shelter/restroom is expected to be a critical stop on the Fanno Greenway Regional Trail providing needed restroom and watering facilities to approximately 500,000 trail visitors per year. It will support park users enjoying nature study and picnicking,will be available for nature tours, camps, and Fowler Middle School classes, and will be the main facility to support lacrosse, cricket, soccer,and ballfield users. The city's preferred shelter/restroom for the project is available through the use of the permissive cooperative purchase process through the BuyBoard Cooperative Purchasing Network, of which the city is a member. 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 request for proposal process. The cost of the Romtec Sierra III Multi-User Restroom with 28' Roof Extenstion is listed at$115,462 including shipping. OTHER ALTERNATIVES The Local Contract Review Board may reject the permissive cooperative purchase and direct staff to conduct a full request for proposal or invitation to bid for the shelter/restroom. This will likely result in a higher price for the structure and a significant delay in the project. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS This request is consistent with the city Summer Creek Property Master Plan for Dirksen Nature Park. DATES OF PREVIOUS CONSIDERATION This is the first time the Local Contract Review Board has discussed this purchase. This purchase is in conjunction with the construction contract that is being considered at the same meeting. Fiscal Impact Cost: $115,462 Budgeted (yes or no): Yes Where Budgeted (department/program): Parks Capital Fund Additional Fiscal Notes: Funding for the purchase and installation of the shelter/restroom facility is funded through a combination of the Oregon Parks and Recreation - Local Government Grant Program, the Metro Nature in Neighborhoods grant, the Parks Bond Fund, and the Parks SDC Fund. The FY 2019 budget has a total of$816,000 for purchase and installation of the shelter and nature play areas. The combined bids for purchase and installation totals $936,941. Staff will request the additional budget needed to complete the project in the first quarter supplemental. Attachments No file(s)attached. AIS-3548 9. Business Meeting Meeting Date: 07/10/2018 Length (in minutes): 5 Minutes Agenda Title: Consideration of Contract Award- Dirksen Nature Park Restroom and Nature Play Construction 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 construction of the Dirksen Nature Park Restroom and Nature Play improvements to Columbia Construction, Inc.? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends the Local Contract Review Board award a contract for construction of the Dirksen Nature Park Restroom and Nature Play improvement to Columbia Construction, Inc. for an amount not exceeding $821,479 and authorize the City Manager to take the necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY The Dirksen Nature Park is master planned as a 48-acre outdoor classroom with participation from Tualatin River Keepers, Fowler Middle School, Clean Water Services, and Tigard Parks and Recreation. The park came under city ownership in 2010 and the Summer Creek (Dirksen) Park Master Plan was completed in 2012. To date, the city has made a number of improvements to the park including the education center building and parking lot. Significant progress has also been made on restoring the oak savanna prairie and the community has had the opportunity to watch camas meadow blooms over the past two springs. Soft surface trails have been created throughout the park. The city has installed exercise equipment along the sports field, constructed a timber boardwalk within our restored forested wetland, and constructed an oak savannah overlook. The current project for the park for LCRB consideration constructs a stone and timber framed shelter with an undercover picnic area and two unisex restrooms and a family restroom. Two nature play areas will include timber structures and climbing elements for children of various ages to enjoy. The city issued an Invitation to Bid for the construction of the restroom and nature play improvements in early May 2018. Bids were due on June 12th and the city received three bids at closing: • •Columbia Construction, Inc. - $835,779 ($821,479 less the "clubhouse" installation) •GT General Contracting- $851,671 ($833,311) •Paul Brothers Inc. - $1,389,288 ($1,378,308) •Engineer's Estimate - $713,838 ($703,838) The cost of construction is significantly higher than the estimate due to a significant increase in the cost to assemble the restroom and higher than expected mobilization costs. The city has looked for ways to reduce the overall cost of the project. The decision was made to drop the "clubhouse" play structure which was to be purchased by the city separately and installed by the contractor under this contract. The "clubhouse" structure was estimated at$35k to purchase and$14k in the low bid to install for a total of$49k in savings. This reduction, along with the use of unanticipated fund balance in the Parks SDC Fund will help fund the construction of this project. Staff has reviewed the bids and determined that Columbia Construction, Inc. has submitted the lowest responsible bid,both before and after removal of the "clubhouse" installation portion of the project. Columbia Construction has no State of Oregon Contractor Construction Board violations and is not on the Bureau of Labor and Industries ineligible list. Staff recommends an award of the construction contract for the Dirksen Nature Park Restroom and Nature Play project to Columbia Construction for an amount not to exceed$821,479. OTHER ALTERNATIVES The Local Contract Review Board may direct staff to include the "clubhouse" portion of the project and reduce costs elesewhere. The Local Contract Review Bard may reject all bids and direct staff to either rescope or suspend construction of the project. This would likely lead to the loss of the Metro and State Parks grants that are helping to fund the project. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Summer Creek Park Master Plan - 2012 DATES OF PREVIOUS COUNCIL CONSIDERATION This contract award is for the installation of the restroom purchase that is also on the Local Contract Review Board's agenda tonight. Fiscal Impact Cost: $821,479 Budgeted (yes or no): Partial Where budgeted?: Parks Capital Fund Additional Fiscal Notes: Funding for the purchase and installation of the shelter/restroom facility is funded through a combination of the Oregon Parks and Recreation -Local Government Grant Program, the Metro Nature in Neighborhoods grant, the Parks Bond Fund,and the Parks SDC Fund. The FY 2019 budget has a total of$816,000 for purchase and installation of the shelter and nature play areas. The combined bids for purchase and installation totals $936,941. Staff will request the additional budget needed to complete the project in the first quarter supplemental. Attachments No attached. AgenoanuickC)2005 2018 Destiny Software Inc.,All Rights Reserved