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City Council Packet - 04/05/2022
III " City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: April 5,2022- 6:30 p.m.Business Meeting MEETING LOCATION: Remote participation only. See PUBLIC NOTICE below. PUBLIC NOTICE:In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Oregon House Bill 4212,this will be a virtual meeting where Council and staff will participate remotely.There will be no in-person public testimony during this meeting. How to comment: •Written public comment may be submitted electronically at www.tigard-or.gov/Comments.All comments must be submitted before noon the day of the meeting. •If you prefer to call in,please call 503-966-4101 when instructed. to be placed in the queue.We ask that you plan on limiting your testimony to three minutes SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE: https://www.tigard-or.gov/boxcast CABLE VIEWERS:The first City Council meeting of the month may be shown live on Channel 28 at 6:30 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. III " City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: April 5,2022- 6:30 p.m.Business Meeting MEETING LOCATION: Remote participation only. 6:30 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. PROCLAMATIONS AND RECOGNITION 3. PUBLIC COMMENT A. Follow-up to Previous Public Comment B. Public Comment—Written C. Public Comment—Phone-In 4. CONSENT AGENDA: (Tigard City Council) The Consent Agenda is used for routine items including approval of meeting minutes,contracts or intergovernmental agreements.Information on each item is available on the city's website in the packet for this meeting.These items may be enacted in one motion without separate discussion. Council members may request that an item be removed by motion for discussion and separate action. A. CONSIDER RENEWAL OF MICROSOFT ENTERPRISE LICENSING • 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 has voted on those items which do not need discussion. 5. TOTAL TYLER PROJECT UPDATE 6:45 p.m. estimated time 6. DISCUSS CHARTER INTERPRETATION 7:15 p.m. estimated time 7. NON-AGENDA ITEMS 8. ADMINISTRATIVE REPORT 9. 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. 10. ADJOURNMENT 8:30 p.m. estimated time 11111 III • • T I GARD Public Comments received by noon for the April 5, 2022 Meeting of the Tigard City Council 1. Shannon Meade 3/16/2022 Writing in support of Elizabeth Sprague's garden and animals. 2. Sarah DeNezza 3/17/2022 Sprague property is useful and positive, is educational. 3. Rachel & Chris 3/17/2022 Sprague garden is a necessary and positive part of the Brown neighborhood. 4. Deanna Driscoll 3/17/2022 Supports Sprague property, owner shares knowledge 5. Elizabeth Sprague 3/17/2022 Responding to complaints about her property, gave other side to story. Said she is compliant with code. 6. Alicia Hart 3/17/2022 Included letters of support from her children. Asked to not restrict neighborhood emergency preparedness, accessible food, learning how to grow food, learning how to improve biodiversity and ecological impact. 7. Kent Genter 3/20/2022 Unsettling neighbor complaint about 11650 SW Ann St. 8. Franki Baccellieri 3/20/2022 Sprague garden and menagerie is joy all neighborhoods need 9. Lindsay Freedman 3/21/2022 Supportive of Ms. Sprague's homestead, has witnessed many community members benefitting from her generosity 10. Lydia Hammond 3/22/2022 Supportive of Sprague's urban farm 11. Amy Hoffman 3/22/2022 Supportive of Sprague's property and shared her children's experience with the property 12. Francesca Lowes 4/2/2022 Supportive of"Sprague's homestead in the city" 13. Lucinda Fisette 4/4/2022 Homestead oasis brings joy and nourishment 14. Mike Sprague 4/5/2022 Provided more detail and background information on the Sprague property situation. Carol Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Wednesday, March 16, 2022 11:03 PM To: Carol Krager;Jesse Raymundo;Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form ,Caution!This message was sent from outside your organization. Block sender Public Meeting Comment Form Submission#: 1535096 IP Address: 71.236.184.208 Submission Date: 03/16/2022 11:02 Survey Time: 13 minutes,39 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Shannon Meade Email Complete Address Which agenda item or topic are you commenting on?(Comments are due by noon the day of the meeting) Complaints regarding Sprague family property Comments I am writing in support of the incredible urban family farm that Elizabeth Poff Sprague has built up and invited her community to enjoy and learn from. Elizabeth has been a friend for several years now,and she is one of the most consistently kind and generous people I know.She goes out of her way to take care of both people she encounters and the plants and animals in her care. Elizabeth is one of those people who will gladly hand you fresh produce from her garden if you compliment it.She has invited myself and my children to visit her farm and play with the animals she's rescued and diligently raising there.We recently adopted two kittens that this family was fostering and bottle feeding until they were mature enough to eat solid food and move to their forever homes.The cats were bathed daily and litter box trained because she is conscientious in their care. Furthermore,she has been thoughtful in her approach to gardening her lot to really produce food to feed her family and others,and one can tell the plants too are lovingly cared for as well. I understand there's a neighbor who has raised complaints about her use of her private property,and I encourage you not to entertain these complaints against a wonderful member of the community,who embodies the principles of good citizenship. Sincerely,Shannon Meade Attachment Supporting Documents/Images 1 Public Comment #2 4/5/2022 Carol Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Thursday, March 17, 2022 10:01 AM To: Carol Krager;Jesse Raymundo;Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Caution!This message was sent from outside your organization. Block sender Public Meeting Comment Form Submission#: 1535912 IP Address: 98.232.162.92 Submission Date: 03/17/2022 10:01 Survey Time: 3 minutes,21 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Sarah DeNezza Email Complete Address Which agenda item or topic are you commenting on? (Comments are due by noon the day of the meeting) Elizabeth Sprague 11650 SW Ann Street Comments I would like to show my support for Elizabeth and get family to be able to keep their animals.They are using their property in such a positive and useful way. Elizabeth has shared gardening tips and plants with me many times. I also know that children and their families are able to visit their animals,which is such an educational and sometimes therapeutic experience. Attachment Supporting Documents/Images Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 Carol Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Thursday, March 17, 2022 10:11 AM To: Carol Krager;Jesse Raymundo;Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Caution!This message was sent from outside your organization. Block sender Public Meeting Comment Form Submission#: 1535958 IP Address: 73.180.9.41 Submission Date: 03/17/2022 10:11 Survey Time: 39 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Rachel Brown Email Complete Address Which agenda item or topic are you commenting on? (Comments are due by noon the day of the meeting) Elizabeth Poff Sprague and their Homestead Comments See attached letter. Attachment Supporting Documents/Images Elizabeth Poff Sprague.c Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 March 17, 2022 RE: Elizabeth Poff Sprague 11650 SW Ann St. Tigard, OR 97223 Tigard City Council To Whom it May Concern: Elizabeth Poff Sprague, her family and their homestead are a wonderful part of our community. They are constantly giving back to their friends and neighbors and they give eggs when they have extra. They also take in homeless and abandoned animals. They open their homestead to all. We have visited multiple times and my children are always positively impacted by the kindness of the Sprague Poff family and their animals, especially my child with Down Syndrome. It is a safe space that is not overwhelming and still very fun. They take pride in their homestead - keeping things clean, updated and safe. Their front yard is a beautiful addition to the neighborhood as well as proving food. Plus there are so many important life lessons that they are teaching their children and the community, including how to care for animals, how to grow your own food, how to build things, etc. We duckling sat for a day/night and my children had the most fun. Plus they learned about taking care of animals. Plus they learned all about ducks. It was such an enriching experience. I am grateful we had the privilege of duckling sitting. It's important (and necessary-especially with the economy these days) for people to be able to provide food for their families without going into debt. A homestead provides this opportunity. Plus they give their bounty to others (feeding others). To end, Elizabeth Poff Sprague, her family and their homestead are a necessary and positive part of their neighborhood and the community at large. Any hindrance to their ability to thrive would be a hindrance to the community. I'm amazed, with all that is going on in the world, that we are not encouraging more homesteads and neighbors who give so much to their community like the Sprague Poff's. Sincerely, Rachel Brown & Chris Brown Tigard, OR 97223 Caroi Krager From: Sent: Thursday, March 17, 2022 1:38 PM To: Ken Ross Subject: Fwd: Support Letter Caution!This message was sent from outside your organization. 1/41Iow sender j Block sender Forwarded message From: Deanna Driscoll Date:Thu, Mar 17,2022 at 12:54 PM Subject: Support Letter To: MIIMM To whom it may concern, I wanted to write to you in support of Elizabeth Sprague, she has been dealing with a community member complaining about her homestead residence.This is so frustrating as I have learned so much about animals,growing your own food and ways to harvest as well as save it for future use. Elizabeth is such a gift of knowledge when it comes to all these things because of her residence.This specific community member has been making it harder for her to continue to support her family by filing complaints against her.This doesn't seem fair considering she is not bothering anyone but is actually sharing her gift of knowledge and allows people to come and learn from her. Her beautiful homestead has been such an educational and lovely"field trip"for our community and not allowing her to do what she does would be devastating to so many families beyond her own. Please know that her homestead is a gift and any complaints about it are few in comparison to the joy wand education it brings so many. Thank you for taking the time to read and acknowledge how important what she has created is to so many people. Deanna Sent from my iPhone 1 Carol Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Thursday, March 17, 2022 2:33 PM To: Carol Krager;Jesse Raymundo;Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Caution!This message was sent from outside your organization. Block sender Public Meeting Comment Form Submission#: 1536700 IP Address: 50.126.66.23 Submission Date: 03/17/2022 2:32 Survey Time: 1 minute,34 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Elizabeth Sprague Email Complete Address 11650 SW Ann st Tigard,OR 97223 Which agenda item or topic are you commenting on? (Comments are due by noon the day of the meeting) Complaints against my property and Tigard Poultry/Livestock city code Comments I have attached my comments in a document Attachment Supporting Documents/Images City of Tigard Public Comment.pdt Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 My name is Elizabeth Sprague. I am speaking to Roger Pothoff's complaints on my property at 11650 SW Ann st and the current poultry/livestock codes. I want to remind everyone that there are two sides to every story. I realize you all have more important things to do than referee a longstanding neighbor dispute so I don't want my testimony to focus on the one between Roger and my family, but I do believe some background on the situation is pertinent here. In late 2014/early 2015 Roger asked us to replace the fence between our properties with an expensive cedar fence installed by a contracting company. We declined, stating that we had plans to build a fence matching our other fences and would be installing ourselves as my husband had his contractor's license and was experienced in installing fences. This seemed to start the onslaught of complaints to the city from Roger regarding our property. Where they had previously told us how much they enjoyed the chickens and bought eggs from us, they were now filing complaints. Roger would constantly be walking around the perimeter of our property taking photos, filming myself and my children anytime we would walk outside. While we worked with the city to make sure we were in compliance, Roger would relentlessly file complaints and continue to film and photograph our family creating a very uncomfortable and unsafe environment for our family just being on our own property. It is really unfortunate when you have to explain to your children that a neighboring house is not a safe place for them to go in an emergency and that the neighbor is not a safe person to talk to. We eventually had our lawyers send a cease-and-desist notice to Roger, at which point he stopped, or at least slowed down for a couple years. I reached out to Roger and his wife last Spring and let them know that I am open to discussing any of their concerns. Mary came to me on a few occasions with different concerns and I addressed/corrected them the same day. One example being when our baby chicks grew big enough to find their voice and we discovered we had a few roosters. While Tigard city code allows us to keep roosters, we choose not to so that we do not disturb our neighbors with the crowing. As soon as we heard any crowing, we made an appointment to have the roosters culled by a local family business. We let the Pothoffs know that we made this appointment and we kept the roosters in a kennel in our garage between approximately 6pm and 10am until the appointment day to avoid any crowing that might disturb our neighbors. Concerns about rats or any of the complaints listed with the city by Roger were never brought up to us in our many conversations with the Pothoffs. It is completely within their right to use city complaints and the like to handle these things, they are not required to discuss them with me directly, but it is frustrating when you speak to someone in person one day and they tell you all is well, only to have them file a complaint with the city the following day. Onto the current poultry and livestock codes for Tigard, we are within our rights to own our animals. I understand rats have been a top concern of Roger's. I am very aware that keeping chickens can attract rodents. So can a compost bin. So can living by a water source like Fanno Creek. So can an ivy-covered yard. So can a beautiful garden with lots of ground cover. This is why when my family built our chicken coop, we put%" hardware cloth on all sides, including along the ground. This is why we do not keep any feed in the coop and instead feed twice a day, directly to the birds in an amount that they clean up completely within ten minutes. This is why we work closely with a pest control company who is contracted to come out regularly to set out bait boxes and traps. The current Tigard City code allows us to have these animals and we respect that by doing more than our part in pest control. But rats have always been and will always be in Tigard and every other city, chickens or not. Our children have raised our birds from babies.They bottle fed our two Nigerian Dwarf goats from a week old. Changing the code now and taking away these family pets would be devastating to them. Putting a person who has a clearly documented, vindictive personal agenda on a committee regarding these codes would be, at the very least, irresponsible. Community is important to me. My husband and I have five boys. I homeschool our youngest four right now. I believe in teaching our children where their food comes from, how to care for animals, how to build things and grow things. We take "kindness walks" around the neighborhood and bring fresh vegetables, flowers and eggs to our neighbors. I donate many plants each year to the Beaverton Farmer's market to hand out to kids for free so they can get excited about growing food. I would love to do the same for the Tigard market! Especially through this pandemic, being able to provide my community with fresh food and some joy has been incredibly fulfilling. The current Tigard City codes have allowed us to do this. They have allowed us to connect closely with our community and share food, education and positive experiences. We live on a large corner lot with zero privacy. I absolutely love how many people have changed the way they walk the neighborhood so that they can stop by our yard and see the animals. I often invite them in so that the kids can search for eggs and take them home. Seeing a child's face light up when they find a real chicken egg and get to take it home?! It's priceless. When they watch the goats slurp up a banana peel like it's a spaghetti noodle and their eyes get big after you tell them a goat has four stomachs.... Amazing. Real life, hands-on education is so important. Our little homestead is an important part of our community's education. Our life isn't everyone's dream. Some people might think we should move onto a farm out in the country. But Tigard's code allows us to have our little homestead and having it in the home my husband grew up in, in a safe neighborhood our kids can ride their bikes in, on a corner families can stop at and make memories that will last forever, is mine. I understand the importance of the city code and I have always done my best to be in compliance. Ken Ross, the current code compliance officer has been great. Being direct, neutral, informative and still kind, a pretty incredible skill. Especially in a city official who is often dealing with unhappy people and long-standing feuds. I want you to know how appreciative I am that the city of Tigard holds these qualities in high regard because they are so important. Kindness matters. Code compliance is important. Getting both sides is important. Carol Kreger From: Alicia H. MIIMMIEJMI Sent: Thursday, March 17, 2022 2:55 PM To: Ken Ross;sprague.liz@gmail.com Subject: letters re: 11650 SW Ann St Attachments: Spraugue letter.pdf; hart kid letters 3 17 22.pdf You don't often get email from .am why this is impo Caution!This message was sent from outside your organization. Hi Ken- I know you have been working with the Spragues&their neighbor's complaints. I am adding letters(attached)from myself and all of my kids in support of the Spragues and their tireless community building and critical skills. Inara has also included a picture of all the things she likes best at the Spragues' home. Warmly, Alicia Hart. To whom it may concern- Regarding the issue of Elizabeth Sprague's animals& landscaping at 11650 SW Ann St, Tigard OR 97223, I would like to add a community perspective. I will note that I am terribly biased towards no longer allowing legal harassment of people pursuing life, liberty, and happiness, but I do have excellent reasons for this stance: o The Spragues have worked at building community and supporting the community in a myriad of ways with what they have done with their property. • They have personally ensured that my family had enough food when we had financial issues over the last few years, and the duck/chicken/quail eggs, tomatoes, blueberries and so much more that they have grown has kept us healthier than we otherwise would be. I know that they have also fed several other families at hard times in the last few years. If more of our neighbors put the same care and intent that the Spragues do into making sure their community has enough to go around, we would all benefit. • Elizabeth routinely gives freely of her time to teach others how to garden, how to care for animals, how to preserve and store foods. Her skillset is beyond valuable for any possible neighborhood emergency. Her kids are also amazingly competent at these skills and are benefiting from the way they have approached their yard. • They have always been willing to lend a helping hand to those in need in so many ways- from yard work to house work to allowing folks to use their freeze dryer to covering unexpected childcare needs. I have watched Elizabeth and her family do this countless times over years. o The Spragues are improving biodiversity and are helping with rescue work. • I am continually impressed by the range of creatures that the Spragues rescue, rehabilitate, foster, and get into good homes. I have previous AZA zookeeping experience and know that the Spragues are doing a good and safe job of what is often unrewarding work. I also know that the community knows that if they ever find a bunny, an owl, a bat, etc that Elizabeth will know how to keep the animal safe and well cared for on the trip to the Audubon or the emergency vet, and that she will help folks help injured creatures safely. (And she'll probably lend them the supplies they need to do it, too!) • The variety of plants in their yard improves insect biodiversity, bird biodiversity, and the soil itself-all things that every community should look to improve. o The Spragues are the sort of people that bring love and hope to those around them. • My kids adore their home and their family. In fact, the first time that Elizabeth covered childcare for me, my kids cried when I tried to bring them home and protested that they "live here, now, mama." • Especially over the last two years when my immune compromised and medically complex kids could not go out in many of the spaces that we used to frequent, being able to visit the Sprague's yard brought so much joy and hope to them. I know many other families have benefited from this as well. • Even when I could not visit due to work, Elizabeth brought me flowers she grew and put up pictures of goats in pajamas and was one of the few supportive folks that made working in healthcare bearable. Please consider the wider community impact as you move forward with any possible rules/ regulation changes that would restrict neighborhood emergency preparedness, accessible food, learning how to grow food, learning how to improve biodiversity and ecological impact, and spreading joy and hope. 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Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Sunday, March 20,2022 2:13 PM To: Carol Krager;Jesse Raymundo;Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Caution!This message was sent from outside your organization. Block sender Public Meeting Comment Form Submission#: 1540934 IP Address: 50.43.0.34 Submission Date: 03/20/2022 2:12 Survey Time: 4 minutes,29 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Kent Genter Email Complete Address Which agenda item or topic are you commenting on? (Comments are due by noon the day of the meeting) Unsettling neighbor complaint against Mike and Elizabeth Sprague @ 11650 SW Ann St.Tigard OR. Comments Attached document should sum up comments I have for this situation. Attachment Supporting Documents/Images Sprague Nusance Rebutal.pdf Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 /)�ti.�1 arr,, tem KENT L eENTER • Tigard City Council 13125 SW Hall Blvd Tigard, OR. 97223 Re Sprague's Corner Nuisance Report March 20, 2022 Residing on 116th ave I have the opportunity to view"Sprague's Corner' home and yard every time I step out my front door. It's great to know these folks, and enjoy the pleasures of their productivity. Admiring Mike and Elizabeth's skills in raising five outstanding sons with education, courtesy, manners, and responsibilities is easy to do. Watching the family's productivity in the face of adversity produced from an angry unsettled neighbor shows their resilience, strength, and forgiveness for that individual's bitter effort to thwart their appreciated harmony brought into our neighborhood. Viewing chickens, ducks, and goats as I pass by is refreshing and always brings a smile. Seeing the boys attend chores and taking care of business is great to see, especially in today's lifestyles that seem to produce youngsters having more focus in video games than in responsible accomplishment of chores, household support, and enjoying the pleasures of playing outdoors. Youngest boys attending charter home school are proud of their educational accomplishments and it reflects in attitudes and behaviors towards the neighborhood residence, and in projects they have completed. A productive garden is an inspiring vision to indulge especially peak times of fruiting and flowering plants. Not only is the produce great for the neighborhood, so is the opportunity for much needed bees to be pollinating. Having personally enjoyed the fruits of their harvest, vegetables, eggs, and plant starts, I found they are healthy and flavorful. Whether passing by Sprague's corner on foot or in an automobile, the family is always friendly and prompt to send or return a smile and greeting. When the boys ride through the neighborhood they do it with respect and courtesy, in a non disruptive manor. These folks while enjoying their life perpetuate harmony in our neighborhood. It unsettles me that one individual wants to eviscerate the neighborhood of the outstanding pleasures and wholesome goodness this family produces and shares. 1 am proud to know the Sprague family as neighbors, and enjoy the presence of"Sprague's corner' with everything it offers. With Respect, �- i51 cyr- Kent L Genter ` �� Carol Krager From: City of Tigard, OR <webteam©tigard-or.gov> Sent: Sunday, March 20, 2022 3:24 PM To: Carol Krager;Jesse Raymundo;Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Caution!This message was sent from outside your organization. Block sender Public Meeting Comment Form Submission#: 1541020 IP Address: 50.38.38.245 Submission Date: 03/20/2022 3:23 Survey Time: 8 minutes,38 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Franki Baccellieri Email Complete Address Which agenda item or topic are you commenting on? (Comments are due by noon the day of the meeting) Ann Street Neighborhood Conditions Comments I have written a letter to the Mayor and Councilmembers. It is attached hereto. Attachment Supporting Documents/Images Elizabeth Sprague COT March 2022.pdf Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 Frank u k i f n.��cei i ie.r I March 17,2022 Mayor and Councilors City of Tigard Council c/o Ken Ross Code Compliance Officer kenroPtigard-or.gov Dear Mayor Snider and Honorable Councilmembers, It is with great pleasure that I write to you about my favorite neighbor of all time, Elizabeth Sprague. She and her beautiful family have been the most hard-working, entrepreneurial,and compassionate people I have ever known. When I first met Elizabeth, she had four of her now five boys who she allowed to explore and to whom she taught the value of growing one's own food and treating all animals with love and respect. I remember the little ones running happily barefoot on their property cradling a chick or a puppy and introducing me to them.Two of them still do. Over the past nine years, we have shared gardening knowledge with each other and marveled over the feast we can grow ourselves.The boys come over every year to help me pick fruit off the trees and off the ground. They welcome me anytime I need eggs,or better yet, a chicken, duck,or goat"fix."The little ones invite me to play games cross-legged on the ground while the older boys care for the animals or help their mom sort and pot plants. Elizabeth fostered puppies for years and her kind heart persuaded her to adopt the blind dog, the lame dog,or the very sick dog, because her heart is so big. She home schools her children with imagination and creativity.She feeds anyone who she hears of who needs it, whether she knows them or not. She is a model of kindness,courage,empathy,determination, and friendship. She, Mike, and her boys make Leron Heights special. It's the house on the corner with all the plants and animals. What a joy it is.What a delight they are. And Elizabeth, she is pure gold. I humbly ask that you allow their menagerie to stay. Let them continue to be the joy all neighborhoods need.We are fortunate indeed. Respectfully, Franki Baccellieri Carol Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Monday, March 21, 2022 8:47 AM To: Carol Krager;Jesse Raymundo;Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Caution!This message was sent from outside your organization. Block sender Public Meeting Comment Form Submission#: 1542001 IP Address: 174.204.201.49 Submission Date: 03/21/2022 8:47 Survey Time: 42 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Lindsay Freedman Email Complete Address Which agenda item or topic are you commenting on?(Comments are due by noon the day of the meeting) Elizabeth's homestead Comments Elizabeth, I wrote in support of Elizabeth's homestead farm. During the past 5 years that I have known Elizabeth I have traded plants and seeds with her and have witness many community members benefitting from her generosity and wonderful homestead. My Autistic child has gained so much benefit from seeing the plants and animals. I know many other families have had similar experiences. It is really a shame that one, (selfish?)community member has given so much time and energy to trying to stop this important learning space. Imagine if all of that time and energy went to being supportive to the homestead and the hundreds of families and individuals who have benefitted from this truly cherished place. Please show your support for Elizabeth's homestead, and by doing this you show that you care about community,children,education,family,and most importantly,that you will not let pettiness stand in the way of the true community spirit of sharing positive learning spaces.Signed, Lindsay Freedman Attachment Supporting Documents/Images Thank you, City of Tigard 1 Carol Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Tuesday, March 22,2022 10:48 AM To: Carol Krager;Jesse Raymundo;Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Caution!This message was sent from outside your organization. Block sender Public Meeting Comment Form Submission#: 1545267 IP Address: 165.214.11.70 Submission Date: 03/22/2022 10:48 Survey Time: 13 minutes,27 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Lydia Hammond Email Complete Address Which agenda item or topic are you commenting on?(Comments are due by noon the day of the meeting) Complaint against Elizabeth Poff Sprague and urban animals and farming Comments To Whom It may concern: I am writing in regards to Elizabeth Sprague. I have known her for almost 9 years. I was privileged to have her come to me for prenatal care(I have been given permission to share this information)and even more honored to have become her friend.She is the mother of 5 boys and an inspiration to us all to be perfectly honest.This is a woman who has turned her urban neighborhood home into a magnificent farm that provides sustenance and income to her family.She is what we should be aspiring to be. Her animals are always well kept and loved. In fact I think everyone in town loves them except the one person who filed a complaint.We used to live not too far and recently moved away but my children absolutely adored all her pets(she even brings them to the farmers market for people to see!). Never once have I questioned her ability to provide care for them and keeping her yard beautiful. I hope you all can look beyond the complaint of one person and see the incredible things this absolutely amazing woman has done in an otherwise boring suburbia. Especially at a time when families need to provide better for themselves,she should be teaching us all classes on how to do and be better. My goals are to be more like her, more self-sufficient, more loving to all living things...She is one of the best and most amazing humans I have ever had the privilege to know.Anyone who knows her is blessed and better for being a part of that circle. Please feel free to contact me with any questions,520-991-3426.Thank you,Lydia Hammond CNM,MSN,mom of 6,and wanna be urban farmer myself Attachment Supporting Documents/Images Carol Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Thursday, March 24, 2022 10:30 PM To: Carol Krager;Jesse Raymundo;Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Caution!This message was sent from outside your organization. Block sender Public Meeting Comment Form Submission#: 1551623 IP Address: 50.39.214.33 Submission Date: 03/24/2022 10:29 Survey Time: 12 minutes,38 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Amy Hoffman Email Complete Address Which agenda item or topic are you commenting on?(Comments are due by noon the day of the meeting) Zoning laws Comments Please see attached letter and photos. Attachment Supporting Documents/Images Elizabeth Poff Sprague Council Letter.docx 20210825 145256.ipg Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 March 24, 2022 Tigard City Council 13125 SW Hall Blvd Tigard, OR 97223 Members of the City Council, I am writing in support of a friend of mine, Elizabeth Poff Sprague. She lives at 11650 SW Ann Street in Tigard. Elizabeth and I have known each other for several years. We met through a local online parenting group, and I have been to her home many times. Last August, I wanted to do something special for my middle child who was turning seven. Because of Covid restrictions, we haven't been able to go very many places over the past two years, but I remembered that Elizabeth raises many kinds of animals, and when I asked my son if he would like to go there as a birthday activity, he enthusiastically agreed. Elizabeth welcomed us with open arms. My three kids (ages 9, 7 and 3) got to see chickens, friendly goats, ducks, a tortoise that moved amazingly quickly and even a bearded dragon. They got to experience collecting eggs from the chicken coop, which they then got to keep! It was a joy to see such obviously well-cared for animals and to have the opportunity to get up close and personal with them. My two oldest boys loved Elizabeth's plants in her front yard. I don't have much of a green thumb, so it was a thrill for them to experience actual healthy living vegetation! The boys loved the banana palm at the front of her house, and Elizabeth was kind enough to let them have several of its broad leaves. While my boys were playing with the banana leaves, someone from the community stopped to buy a couple dozen chicken and duck eggs. They soon left smiling, cartons in hand. It reminded me of how neighbors relied on each other in the years before big box stores were the norm. I loved that people could choose to support Elizabeth by buying her eggs and she could help them by providing fresh eggs from humanely raised hens. It was refreshing. Every spring, Elizabeth offers seedling plants in her front yard for sale to anyone who stops by. I have tried growing a vegetable garden a couple of times, and the starts I got from her always did well. I gave some to my father too. I'd much rather buy from a local person in the community, than from a chain store. I can't say enough good things about Elizabeth and how much benefit her homestead brings to the community. I look forward to visiting her and her family on their property, with all their animals for many, many years to come. Very sincerely yours, Amy S. Hoffman 3/28/22,9:27 AM ShowFormBuilderFile(2268X4032) Sr .4 - _, .. , , ,:-...: r rld.,...ser4iiiirir.... ',..A p ,^K .om', . Ftalb. �. ty • • ,lisji)...H, Lel , .a 4 ` . } r 1 . ,:q');-.71.-.: ) , . , 1 -f . •., ' 6.7),t J • r" ; -r._ ' _ r _ . \ . ,. . _., ...L.„ . . ,, ,, ., r y _.•' https://www.tigard-or.gov/Home/Core/FormBuilder/FormBuilderFrontend/ShowFormBuilderFile?code=c3396102d7c34ac1 ae7baf521 a32a3fb&name=2... 1/1 Jesse Raymundo From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Saturday, April 2, 2022 10:50 PM To: Carol Krager;Jesse Raymundo; Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Caution!This message was sent from outside your organization. Block sender Public Meeting Comment Form Submission#: 1569618 IP Address: 97.115.91.4 Submission Date: 04/02/2022 10:50 Survey Time: 5 minutes,25 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Francesca Lowes Email Complete Address Which agenda item or topic are you commenting on? (Comments are due by noon the day of the meeting) Comments Please see attached letter Attachment Supporting Documents/Images Letter to Tigard City Council- Elizabeth Sprague.pdf Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 I have known her for several years, as we are both a part of of Portland area parents (effectively a mutual aid group) who triad ways. She contributes generously to our community; she d meals to families in need, offered her insights on a variety of Did topics, supported with wild animal rescues, shared ant starts, given freely of her firewood and other resources, Note is her open invitation to friends and neighbors to bring her animals. The opportunity to observe and interact with mals that many children do not otherwise see in their day-to- :ommunity, and not one that should be easily dismissed. I know I children for whom an unforgettable bright moment in the lizabeth's homestead. When our world was turned upside and )pen to the public, Elizabeth was there providing a community families and children to refresh themselves with a little "nature me when "(tJhe average American child spends about 4 to 7 Aside and over 7 hours a day in front of a screen," according te, I think we should be advocating for and protecting every to spend time outside, engage with the natural world, and children are exposed to the inner workings of a small Bey expand their sense of what is possible. My hope is that we ce Elizabeth's, not fewer. We would all benefit from more lo give generously, share resources, bring people together, and iatural world in an easy, homegrown way. Jesse Raymundo From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Monday, April 4, 2022 10:20 PM To: Carol Krager;Jesse Raymundo; Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Caution!This message was sent from outside your organization. Block sender Public Meeting Comment Form Submission#: 1573977 IP Address: 50.109.252.168 Submission Date: 04/04/2022 10:19 Survey Time: 5 minutes,45 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Lucinda Fisette Email Complete Address Which agenda item or topic are you commenting on? (Comments are due by noon the day of the meeting) Elizabeth Sprague 11650 SW Ann st. Comments Just another comment among many that Elizabeth's home is a little homestead oasis in the suburbs. It's not just another perfectly landscaped yard that offers no benefit to the community, instead it brings joy and nourishment(in more ways than one)to those who are lucky enough to know Elizabeth and whom happily shares her family's bounty. Please consider this in any decision regarding her right to use her property to it's fullest potential.Thank you! Attachment Supporting Documents/Images Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 Jesse Raymundo From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Tuesday, April 5, 2022 10:05 AM To: Carol Krager;Jesse Raymundo; Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Caution!This message was sent from outside your organization. Block sender Public Meeting Comment Form Submission#: 1575045 IP Address: 50.126.66.23 Submission Date: 04/05/2022 10:05 Survey Time: 1 minute, 50 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Mike Sprague Email Complete Address 11650 SW Ann st Tigard,OR 97223 Which agenda item or topic are you commenting on? (Comments are due by noon the day of the meeting) City ordinances Comments I have attached a pdf of my comments Attachment Supporting Documents/Images City of Tigard Written Letter Mike.pdf Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 Mayor Snider and City Council Members, My name is Mike Sprague and I reside at 11650 SW Ann St.This is in response to the statements made by Roger Potthoff and Rich Metzler. I have lived in this neighborhood for most of my life which dates back to before almost everyone residing here now.This is our home and I considered it a safe place to raise our children. Over the past few years much has changed in the world. My wife and I have chosen to provide our children with a sense of self perseverance through home schooling. That being said, we use our home as a school to learn for not only the education provided in the district, but for other skills as well. I teach my children to build not only with wood, but to weld and form metals and plastic along with other skills such as vehicle maintenance/repair and to understand computer programming/repair and 3d printing. With my experience,trade knowledge and OSHA training the lessons are provided when their mature enough for the subject matter. My wife especially instills a sense of community, responsibility and to help those less fortunate. She teaches the kids that the things which make us different are not something to ridicule and berate, but to celebrate those differences and use them to make us stronger together. I'll be the first to admit that I am a work in progress and learn each and every day. She is our rock. Over many years we have had the burden to deal with our neighbor, Roger Potthoff. We live on a corner lot and it has many benefits, but as we can see here, it has its drawbacks as well. As you already know, we have chickens, ducks, and two goats. What hasn't been mentioned is that another of our neighbors that borders Mr. Potthoff's property to the south also had animals for quite a while. These included, chickens, ducks,turkeys and at least one apiary/beehive. I'm typically not one to boast about what I do or create, but our coop is built very well and extremely secure. I didn't get to inspect the construction of their coop. What I could see from afar, it wasn't built to the same standards, not that it was poorly constructed,just built differently and more open. This was apparently not an issue or a consideration in Mr. Potthoff's complaints as I talked to those neighbors and they had no interaction with Mr. Potthoff, nor did they hear from the Tigard code compliance office about a possible violation. Unusual to me is the other coop, not more than 10 feet off his shared property line, 90' away from his dwelling, wasn't an area of concern. Keep in mind that our coop was originally over 120'from Mr. Potthoff's dwelling. Due to Mr. Potthoff repeated complaints,the City of Tigard asked us to move our coop closer to Mr. Potthoff's dwelling because it was located approximately 90'from our other neighbor's dwelling (12350 SW 116th Ave,Tigard, OR 97223). At the time, the code required at least 100' offset from other dwellings not part of your property. It didn't matter that this was across 116th Ave which is at least 18' wide.These neighbors had and have no problem with the birds, but we followed the code set forth. All we asked from the city was for them to inform Mr. Potthoff to the required relocation closer to his dwelling. Tigard prides itself on being a community for families. Over the last few years,this has definitely been more difficult to see. We are harangued by Mr. Potthoff, not constantly as he will occasionally ignore us, but that is almost worse as we never know when he will be set off and either start yelling or pull out the camera and start filming. I try to avoid the side of our property that borders his in the front and back yard and even tell my children to not play over on that side or avoid playing with any toys, balls, etc.that may go onto his property as I'm not sure we would be able to retrieve them. If I see Mr. Potthoff, I consciously avoid eye contact and ignore him to avoid starting any confrontation. Where are our rights, my family's rights to live on our property without subjugation or oppression? We follow the codes of the city of Tigard. We have been on this property since before it was annexed into the city and was only part of Washington County. How often do we have to face a call from the code compliance officer because Mr. Potthoff found a rat on HIS property? Has anyone taken the time to discover where the rat is coming from or if it is a resident on his property? He was told by a professional he has plenty of vegetation for them to survive and thrive. Why is it just assumed that we are the cause of him finding a rat on his property?Why isn't the cherry tree on his property a probable food source? Why aren't the blueberry bushes on the other adjacent properties the food source? We have offered to help our southern residents remove the ivy on their property which goes up to our fence line. We are busy and have only spent a few days (filled the dump trailer)trying to remove the ivy, but it is better than nothing and we plan to continue to help as time permits. You have the reports from our extermination company that shows they moved multiple bait stations away from our adjacent property line because there was no, "Action" in those bait stations. Rats are not using the bait stations between our properties. The company moved most of those to the southern fence line to see if there was more interaction. Why is it still an issue when we are taking the appropriate steps for rodent prevention/removal?Why are all these actions within Mr. Potthoff's rights and we are supposed to acquiesce and jump through hoops anytime he wants?Where are our rights when it comes to us complying with the city codes, yet it isn't enough for Mr. Potthoff and we are required to do more at his pleasure? Or to eventually jump through more hoops when he decides to strengthen the city codes on this citizen advisory board? My wife is amazing and sees the best in everyone. She has been the one to reach out the figurative olive branch on numerous occasions. Unfortunately, after her last meeting with both Mr. Potthoff and his wife,this was almost instantly thrown back in her face,when he trespassed on our property and entered the property to the south of us to take photos of our yard and chicken area. My 13 year old son asked what he was doing, considering he was now pointing a camera in the direction of them and he told the boy to go tell his mother there will be another complaint filed. The complaint and photos correlating to that incident which he sent to the city were not accurate. He sent in photos of the water container the chickens and ducks were using and said they were open food containers. He sent in a photo of a dead rat in a trap/box on HIS property and blamed us for them. The last time Mr. Potthoff decided to raise his voice at my wife, I went out to get this behavior to stop. He informed us that going through the city is the way it's supposed to be done. Screamed that we are "intractable", not sure the politically correct term to say the pot calling the kettle black. He yelled that I am lazy and a burden to my family(specifically, my parents.) He questioned our parenting ability since we let the kids play in the back yard where there is dirt and animals. He also tried to use the City of Tigard Code Compliance officer, Ken Ross,to his advantage and tell us that "Ken is in charge now and things are going to change!"We informed him we are in contact with Ken and are following the city code which momentarily took him back, but then just seemed to anger him even more. It isn't for our lack of trying or communication on my wife's part that has made this such an issue. Mrs. Potthoff approached my wife later that same day and apologized and said she didn't know he was so close to being set off about my trailer in front of the yard as she would have warned us. He called the police and I was in the process of moving my trailer. I talked to the officer and we agreed on a place on the other side of my property to park it (on the property). This is a dump trailer and I am currently using for our inside renovation. He was infuriated because I hadn't taken it to the dump yet. My boys had put some of the demolition from the house in the trailer. Boys will be boys and just threw it in the trailer haphazardly. I proceeded to reorganize the trailer which was only about 1/4 full. We ended up filling the trailer with more from our annual spring cleanup and dumped it right after. This was the plan as the weather was sunny compared to the previous weeks of rain. During the confrontation he told us I shouldn't use the trailer and instead rent a dump box from the garbage company and they can haul it away. I'm not sure about anyone else but those things are very large and would have been sitting there for much longer to be filled. Also, I own the dump trailer specifically for maintenance and cleanup, along with delivering the needed soil to our property. In fact the day I am writing this, I filled the trailer with metal for recycling and emptied it. This trailer is also used for others in need and will be used to help our neighbors at 11770 SW Ann St. This house is currently under violation of code and is in Mr. Potthoff and Mr. Metzler's complaint and was voiced during the city council meeting. We are in contact with the owner of the property and have already agreed to help in any way we can including the use of our trailer to haul away whatever they need. The last conversation was specific to a few metal frames that need to be removed. The owner lost her husband a few years ago and is just recovering from multiple major injuries which has not allowed her to stay up with the property as needed. Her line of communication with Mr. Potthoff was cut off when discovered they had different political views. He walked away without another word. In the last year their home has now come under his gaze and is being included in his complaints to the city. He has tried to use Mr. Metzler to communicate his will to her, but she doesn't want to be harassed by him either. No matter what there are going to be rats, mice, rodents everywhere. If we are targeting the specific animal with bait and/or traps, we are bound to get them if there is a population. Ever watched a hawk swoop into a field and grab a rodent? I see it quite often in the fields around Fowler Middle school which is in our figurative backyard. I've seen it happen at Summer Creek which passes under 1215T just north of Katherine St. What other animals should we completely eradicate from this area to be in compliance? We live in a beautiful area surrounded by many creeks, ponds and wooded areas,we get to enjoy some wonderful wildlife. In the last year alone I've seen 5 skunks around the neighborhood (not on our property). I've smelled them around here my entire life, but I've finally seen a few. I've watched coyotes run up the street on Walnut, Katherine St., crossing 1215T, and running around the Barrows Albertsons parking lot. There was a cougar sighting a few years ago by Mary Woodward which is just a few blocks away.There was a bobcat sighting across Walnut no more than two months ago. I've seen wild rabbits, snakes, nutria, beavers, hawks, eagles. I've seen many deer, including a buck with antlers in velvet in the middle of the day running on Ann St.They ran into neighbor's yards, should I file a complaint? I've personally rescued an owl off the side of Walnut that was injured. Should we tear down the windmill on 1215t? I know for a fact owls have been in residence there for decades. Several of the aforementioned animals can kill or injure cats and small dogs. Who is giving them a place to live? Is it within code?Should we tighten up those codes so that cannot happen? Would the best course of action be to drain Chamberlin's Pond or Summer Lake so they have less access to water? Summer Creek would disappear and we could pave that whole area for new homes with no vegetation for anything to hide in. Rats have a different stigma than most of the animals I listed, but they are always found in the same habitats.They do not only show up when someone decides to keep chickens or build a wood pile. We mitigate and control everything we can on our property, but if others allow their yards to grow long, or allow ivy to overtake the fence line, we cannot control any of that. Should we instantly call the code compliance board without any respect for property owner and what they may be facing in life? Do we have to become the watch dog for the neighborhood so as not to face Mr. Potthoff's wrath or have an excuse when he sends in another complaint? From my research on rats, I see they are very resilient creatures. So resilient that we shouldn't provide any food which they can eat. I guess that means we shouldn't have gardens and should purchase all our food from the local grocery store. Maybe replace the grass with something artificial? It doesn't matter the city, San Francisco, Portland, Seattle, Hillsboro...they all have rodents. We live in a beautiful, part of the world perfect for gardening and growing. Unfortunately, other animals know this as well and like it or not they are always going to be part of the ecosystem. We don't have an issue following code and we are in compliance. If this council wants to bring the poultry/livestock codes up for possible revisions, we don't have an issue with that, but we do have an issue with Roger being involved. He has ulterior motives directed at our family. When this man doesn't get his way, he tries to find another outlet. In 2015 we allowed a pest control specialist that was hired by Roger onto our property to discuss how to mitigate any rodent issues. This person talked to us and said he informed Roger that he has plenty of habitat and food sources on his property as well. He said this information "Didn't make Roger happy." We have never seen that company back in our neighborhood. We have always tried to stay in compliance with codes and if anything is brought to our attention,we rectify it ASAP. This hasn't gotten the results Roger wants so now he oversteps Ken Ross to try to play his next hand to the city council and local press. Our animals and projects not only teach our kids about responsibility and hard work, but help in our homeschool curriculum and provide comfort to our kids. We follow the city codes and promptly address any concerns brought to us by code compliance officer Ken Ross. We are in compliance; our coop is on the other side of the property from Roger's house, it is overbuilt to deter pests and predators and the birds are fed appropriately. To be honest, if we opened up the coop more so rodents could access it,the chickens and ducks would take care of any rodent problems themselves. The Muskovy ducks we have onsite, as a breed, are known for hunting rodents. We consider them our slug control. The reports from our pest control company have shown that we are not having issues along the Potthoff property line. Most of the bait boxes are directed along the property line to the south. Mr. Potthoff has taken it upon himself to place traps directly behind our bait boxes, not even on his property,to show some kind of infestation. Roger has sent photos of rats he has caught in snap traps on his property, and possibly on the property behind ours, but frankly none of these show we are the cause of a rodent issue. Roger saying he is getting these rodents proves nothing except that he has ample cover and food sources on HIS property to sustain a population. If our property is supposedly so bad, why are they continuously leaving and entering his? What does he have on his property that is attracting them? An open compost bin by his shed? A cherry tree close to our shared property line that drops hundreds if not thousands of cherries along the fence line? In the last eight years the happiest and calmest time we have had was during the pandemic, when the Potthoffs left for about five months to travel. When they were travelling South America, we were setting up for an edible landscape, providing an area for homeschooling, outdoor activities,teaching our kids about animals, plants, etc. without the fear of being harassed every time we were outside. At one point we allowed the boys to setup a plant/egg/popsicle stand covered by a canopy due to the heat. We had to shut it down because upon his return Roger added another complaint to the city about doing business with specific pictures of the kids' setup. If you think this man is being honest when he tells the city that he is just here to help and that he wants to serve in a non-biased fashion then he is deluding this council. He will use this new found authority to terrorize us even more.This is the same man that, about a month ago, hid behind his shed near our property line while my wife was in our back yard talking to Ken Ross.They had to move the conversation away from the property line to get any privacy. Once they were out of his earshot, he reappeared and went on about other business. This is the same man that sends in reports and phots to the code compliance office about us having open food sources in our yard for the birds which, in actuality,was a recently filled watering container.The same person that sends in photos of rats in traps on his property and says they are from us. That leads the city to believe we are doing nothing to prevent pests while he is beside himself trying to decide whether to bury all these rats or offend the entire city of Tigard with the smell from his garbage can.This is the man who sends in photos during the previous code complaints saying our birds were running freely when in actuality they were enclosed behind a 6' fence terminating more than 100'feet from his dwelling.This is the man who has continually wasted the time of numerous city officials to harass my family. At some point this council will need to see Roger Potthoff's actions are not to make Tigard better. He is tearing down any sense of community or family we are trying to create and doing it in a brutal, authoritarian fashion. Respectfully, Mike Sprague 11650 SW Ann st Tigard AIS-4869 4.A. Business Meeting One Meeting Date: 04/05/2022 Length(in minutes): Consent Item Agenda Title: CONSIDER RENEWAL OF MICROSOFT ENTERPRISE LICENSING Authored By: Mike Nolop Item Type: Motion Requested Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The City's current Microsoft Enterprise agreement expires April 30,2022.The looming expiration drives the need to enter into a new enterprise license agreement(EA) for Microsoft software to ensure proper licensing of our computer operating systems,operational servers,database servers,email, Office Suite,and collaboration products.This three-year Microsoft Enterprise Agreement will have annual payments and the total amount will not exceed$852,000. The proposed new EA will continue our agreement with Microsoft and maintain licensing compliance with Microsoft for the core products used in daily operations across all city departments.The ELA includes additional licensing for enhanced security with Microsoft Azure Active Directory services that gives deeper insights and proactive security features for user accounts and data security.The EA ensures that the city is not only properly licensed but also allows for standardization by utilizing the same version of software for all users.The additional licensing for security based product add-on licensing properly aligns the services used to proactively enhance the city's cybersecurity posture for the end user accounts and critical data protection. Costs for Microsoft services have significantly increased over the previous EA and is due to a couple identifiable factors.The first is dramatic price increases for M365 services due to a global move to remote and hybrid workforce technology and enhancement add-on security services related to COVID.The second is a result in increases to Tigard FTE,on-call,intern,and volunteer levels.These increases require additional licensing to maintain proper licensing compliance. Finally,datacenter expansion has occurred to keep up with growth,demand,and service levels of IT infrastructure services.This has forced a need for additional capacity for servers and databases which results in additional licensing needs.These factors drive the need for expanded baseline operating costs within the IT division to support our Microsoft services and the proper licensing required to maintain compliance.While these costs have dramatically increased and continue to rise at an alarming rate.Entering into an EA with Microsoft is the only way to ensure consistent pricing levels for the next three years of operations. ACTION REQUESTED The IT Team recommends approving the contract for a new 3-year Microsoft Enterprise Agreement with a value not to exceed a total of$852,000. BACKGROUND INFORMATION This agreement has been coming before the LCRB every three-years for the past 15 years.When approved this will be our 6th Microsoft Enterprise Licensing agreement. Public Involvement-none Impacts-Baseline increase to the IT base budget in FY23 and subsequent fiscal years to accommodate for the increased costs of the new Microsoft Enterprise Agreement. ALTERNATIVES & RECOMMENDATION While at least one alternative exists (Google Cloud). Changing baseline technology would affect all City of Tigard employees and they way they conduct daily operations.IT core operations must also change with the technology switch away from Microsoft.This change in core technology offering would need years of planning and development to ensure a successful transition to the new way of doing business from IT infrastructure to end user daily operations. If this is a direction that City Council would like to take,IT needs direction now from Council so that we can plan,are prepared,and will be fully transitioned to new technology platforms by the next Microsoft Enterprise Agreement renewal in April 2025.Movement in this direction would require at minimum two years of duplicative software costs with overlapping costs to Microsoft and Google. The IT Team recommends continuing the path of fully utilizing Microsoft services and entering into another 3-year Microsoft Enterprise Agreement to support operations across the city. ADDITIONAL RESOURCES Attachments No file(s)attached. AIS-4877 5. Business Meeting One Meeting Date: 04/05/2022 Length(in minutes): 30 Minutes Agenda Title: Total Tyler Update Authored By: Mike Nolop Presented By: IT Manager Mike Nolop Item Type: Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE This is the second in a series of briefings on the Total Tyler Project. ACTION REQUESTED This briefing is for informational purposes only.No actions are requested. BACKGROUND INFORMATION ***********Update since the Feb 22nd City Council Meeting Published AIS************** On Wednesday,March 2nd,the Total Tyler Steering Committee met and unanimously approved an initial 6-month delay to the Financial and HCM (Human Capital Management-HR,Payroll,Risk,and Timesheet) modules.The delay was confirmed on Monday,March 7th by the City Manager,who directed teams to begin work on the impacts of pushing the upcoming July 1,2022 go-live to January 1,2023.The Financial and HCM modules are the core requirements to all other Tyler modules thus rippling the impacts across all Total Tyler project phases,causing a universal delay in the Tyler project. This was a very difficult decision for the Tyler Steering Committee to make but does highlight the commitment by the organization that a quality project focusing on data integrity,process improvement,and driving new efficiencies using technology is the true measurement of a successful Tyler project. While many simultaneous factors have contributed to the need for more time to meet the Tyler project standards,the largest contributing factor is the difficulty dedicating the proper internal resource levels to the Tyler project.The Finance Department has experienced vacancies in critical job positions directly related to the Tyler project since May 2021.Many of these vacancies have gone eight plus months unfilled,and one remains unfilled to this day,nine months later. Currently there are vacancies in six of the twenty positions within the Finance Department exist(30%). Four of the six vacancies are directly related to key positions on the Tyler project.Running daily operations with extremely reduced resources is a difficult task. Dedicating the required time to the Tyler project,while continuing daily operations, has not been possible by the team since July 2021. There are financial implications to a 6-month delay on a project of this magnitude. IT is working with Tyler to determine the extent of the Tyler project impacts and associated costs. IT is also working internally,and with Management Partners,to calculate the project wide financial impact associated with this delay.The following are identified cost components: Tyler Implementation Costs across 3-modules for an additional 6 months (FY23 budget increase) • Tyler Project Management Costs (covered by project savings) • Legacy Software Support (built into baseline budgets,additional 1-year of double costs-Legacy&Tyler) • Limited Duration/FTE Tyler position extensions (built into current budgets, 1-year extension needed for all existing Tyler LD-FTE positions) ****************Feb 22nd City Council Meeting Published AIS Below****************** The City of Tigard is 15 months into a 4-year implementation of Tyler Technologies enterprise software replacement of core business systems throughout the city,including finance,permitting,payroll/HR,court,utility billing,work orders, asset management,and document management. This briefing is part of a bi-annual update to Council on the status of the`Total Tyler Project.' Executive Summary: Key activity since March 2021 Council update: •3 Phases are under way: Munis core financials,HR Payroll,and EAM-enterprise asset management •2 Phases are in kick-off state,including Utility Billing and EnerGov(permitting) •A 311 module within EAM is also underway •To date,approximately$564,000 spent of the total$6.4 mil contract •To date,approximately 13,100 hours of teammate time have been spent on the Tyler project •A technical training coordinator position has been filled to assist during key training phases and ensure a comprehensive and unified transition to the new system for teammates •Work on modular training facility currently underway,targeting for use by April 15th to coincide with application training of Tigard teammates. •Two modules (Utility Billing and EnerGov) have had their start date delayed due to turnover and resource availability within departments •Given position vacancies and teammate turnover,and 100%of the implementation occurring online,there have only been minor schedule adjustments •Teammate turnover,extended position vacancies,and recruitment challenges represent the largest risk to maintaining the project schedule as planned Background: The city's departments currently utilize aged'best of breed'enterprise systems that are over a decade old.Many of these systems are either relying on software customizations that restrict the ability to upgrade and create further enhancements to support city operations,or require expensive vendor supported changes for enhancements and modifications. In addition,these independent systems do not have the ability to properly report and analyze data across platforms,making data informed decisions on initiatives such as the Strategic Plan nearly impossible,and if so with a high likelihood of inconsistent and improper data.Many recent initiatives,including the Performance Audit and the IT Strategic Plan,have identified the need to replace all currently used enterprise systems with modern technologies that allow for standardized efficient workflows,data sharing and reporting,heightened system security,with enhanced services and transparency to the people who live,work,and visit Tigard. This project aligns the city's need for integrating information,strategic priorities,Council goals,and performance audit measures. This enterprise,unified system will allow the city to: •Use informed data for reporting and new initiatives •Combine systems and reduce integration issues •Have better data quality and consistency across enterprise systems •Provide cross-departmental workload efficiencies •Modernize its enterprise system •Utilize Lean process efficiency improvements •Implement solutions that help with performance audit recommendations •Provide 311 and digital engagement portals for citizens,vendors,and employee access to core services •Tell its story to the community In September 2020,Council approved the $6.4 mil contract with Tyler Technologies. It included implementation,data conversion,project management,and 10 years of SaaS (Software as a Service) and will replace aging software that the city will stop paying for as the transition occurs to the Tyler Technologies platform. The one-time implementation contract costs are paid through the Central Service Fund reserves that are set aside for this purpose. The ongoing support costs represent an increase of approximately$150,000 annually over the current software costs and are anticipated in the city's forecast. Community Benefits: Over time,deployment of the different Tyler modules will provide improvements for the community. In general,any citizen interaction with the business systems will have a much improved and streamlined customer interface including access portals.There will also be vendor online capabilities to eliminate paper processes and reduce the need for in-person visits to conduct business. Furthermore,the public will eventually have access to a centralized 311 solution to submit various non-emergency concerns. The 311 solution will significantly improve our ability to intake,track,and respond to community concerns. Additionally,with a single ERP (Enterprise Resource Planning) solution,it will be possible to consistently address metrics and reporting on initiatives such as the City Strategic Plan with heightened accuracy and confidence. Employee Impacts: The Total Tyler solution is a huge undertaking by the IT project team and departments involved with the implementation. There are employee implications both for implementation and after implementation periods. The IT division has responded to the enterprise system shift by 1) developing and staffing the Project Management Office (PMO),2) adding additional teams 3) forming an applications team,as well as staffing database support and 4) adding a technical training coordinator position. The implementation period of the project is an extremely labor-intensive period in terms of teammate's involvement in analysis sessions,review,testing,and go-live. To better plan for the surge in need for employee participation,IT has developed an evaluation tool to aid departments to identify potential resource demands for potential back-fill positions. Some departments have chosen to back-fill positions during the implementation of the modules so that staff can focus on the project-while having some of their duties performed with the back-fill positions,and other departments have opted to use contract services. The Total Tyler project will help create an immense shift in the city's ability to analyze and report on finance,asset management,customer service,permitting,utility billing,and other core business lines. As capable as the new system will be,it is still not a push-button action to perform analysis,develop and obtain custom reports,metrics and benchmarks. Teammate resources will still be needed to understand the system,the data,and how to configure it for optimal reporting needs especially for initiatives such as the Strategic Plan,department work plans,master plan,and to city plans or routine reporting. It will be many years before Tigard will be able to realize the full efficiencies,data analysis,and reporting capabilities within the Total Tyler system.The teams primary focus and resources are being dedicated to the long-term vison throughout the implementation processes to ensure the goals are met and delivered. The result of these efforts are scarce and highly limited resources from the core team implementing Total Tyler to assist with the reporting and metric needs during the project implementation.The responsibility for maintaining the current and newly developed metric reporting remains at the department/ division level utilizing existing disparate enterprise systems. Community Impacts: In the next 6 months and run up to going live,no disruption in city services for the public are anticipated.At go live, some online services such as vendor self-service and counter credit card transactions processes will be activated,however these systems will not create significant interruption for the public. Impacts to the public in the next 6 months will be minor including credit card transaction fee changes and how vendors interact online with the city. The project team will be coordinating with the Communications Team to coordinate the appropriate messaging for impacted external users of the system. Budget Cost Sections:Total costs for the Total Tyler program are comprised of two parts 1) Tyler Contract Costs ($6.4 mil) and 2) soft/operational costs which are built into and approved in the department annual budgeting process. Both parts are combined to calculate the total implementation project costs,and ongoing costs for the Total Tyler Program.This is important because the total costs to implement and ongoing maintenance of the Tyler program far exceed the September 2020 contract amount approved by Council.To improve project financial transparency,IT and Management Partners are working to put together a forecasting model for the soft/operational costs so they can be combined with Tyler Contract costs for a complete financial picture of the Total Tyler program.As we learn more through the implementation processes IT is refining tools used for data collection and modifying procedures to ensure the data being reported is accurate. •Tyler contract($6.4 mil) approved September 2020. •The Tyler contract includes 10-years of Software as a Service SaaS costs ($4.8 mil) and implementation and data conversion service costs ($1.6M) •Through 2021 we have spent$564,000 of the$6.4 mil contract. •Soft/Operational Costs •Cost of Employee's time dedicated to implementing Total Tyler •Temporary training facilities •Backfill positions and contracted professional services to assist departments during implementation. •Ongoing IT and departmental teammates dedicated to the maintenance and continuous improvements of the Tyler platforms.This ensures the Tyler program grows with the city needs as they develop. •Through 2021 we have spent approximately$520,000 of teammate time dedicated to the Tyler project. Optional Components:Tyler Technologies has a robust suite of software solution built for government applications that could directly impact nearly all city departments.While only major enterprise systems were selected for implementation in the initial Tyler contract,we were able to secure pricing for optional add-on services to replace small department level systems at the time of contracting.Tigard can amend the original contract for up to 3-years to add on these additional services if we choose to do so.The optional components Tigard is interested in purchasing include: Tyler Component Tigard Legacy System Meeting Manager Agenda Quick Content Manager Enterprise Laserfiche E-ticketing APS E-Ticketing Parks and Recreation ActiveNet API Services Integration with non-Tyler systems By adopting the Total Tyler solution methodology,Tigard is positioned to be able to take advantage of built-in data availability within the Tyler system across all modules.Adding additional components into the Total Tyler package inherently creates seamless integrations and data availability to assist in driving business decisions.The implementation of Tyler components allows Tigard to evaluate current processes and adjust to best match the technology improving efficiency and higher data quality standards. You will see information in future project update on how we are progressing on folding as many systems as possible into the Total Tyler program that will benefit Tigard operations and be the best use of city funds. Project Risks:To better manage risks that inevitably come with a project of this magnitude over an extended time period,the Tigard project team worked with the Tyler project team to develop a Risk Register. This register is updated quarterly by the project team and inventories risks,evaluates probability of the risks occurring,impact of the risks to the project,and then scores them with a response action for each. Higher scored risks that warrant attention are flagged as Priority,whereas lower score risks are flagged as Watch List. The Priority Risks generally include risks that have a high impact associated with the project costs or project schedule.The current Priority Risks list includes: •Employee turnover and difficulty of refilling vacant positions •Physical resources (e.g.,not having enough training space) •Resistance to change and unavailability of teammates to complete tasks in between sessions •Scale of project The project team relies on the response action for each of the catalogued risks in order to mitigate its impact on cost and/or schedule. In addition,the project team communicates routinely with the Tyler steering committee and flags the issues to also alleviate the risks to the project. Upcoming: The next 12 months will be extremely labor intensive for Tigard teammates. Of the 7 phases in the overall schedule 5 will be actively underway. These include: Munis,HCM (Human Capital Management/ Payroll/ Risk/ HR),and EAM (Enterprise Asset Management/Assets and work orders),Utility Billing,and Energov (permitting). In July,the core financials HR/payroll is scheduled to go live followed by EAM in September. The Total Tyler project requires a considerable amount of time from teammates assigned to the different phases, especially at the very beginning and at the end near testing and go-live. The project team has been very upfront to the Steering Committee about employee expectations and the need to have the right teammates available at the right time to keep the project schedule on track. This May and June will be the most challenging period because a larger number of teammates will be introduced to the system through final testing,training,and then during the adjustment at go live in July. Even after this initial go live of some systems,there will continue to be intense project work remaining as HR systems come online and Energov and Utility Billing roll out.It is clear the next 12 months will be the most resource intensive,and most critical part of the entire project. Keeping this project on task,on time,and on budget during this overlap time will be a commitment from Council,City Manager's Office,and Leadership Team to ensure the proper amount and correct team resources are dedicated to this project's success. ALTERNATIVES & RECOMMENDATION ADDITIONAL RESOURCES Attachments Tyler-PPT • •. .,r.. . , ‘„,.,,,,.....,-.. ...--.........-.14-: .....,.. City of Tigard ''.. 4k:4' • '. ..,e,.,..aa,. ).:. ,,,t ...t....4,4.„. L 0..14.• -...0„,.. 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' .. -, . : 0 • „ - • .',r- • . ...... ,..• ' ••••* " ' '...' - - .. ... ._._ '.. ... ,., .‘ '‘;..••L. ... ,,?O'"' ' . —• . . — Presentation • Project Snapshot/Background u Community Impacts u Tyler Budgeting u Project Risks u Project Delay 1 TIGARD Total Tyler Timeline Total Tyler Presented to Budget Committee 5/2020 5-year Preliminary Tyler Budget Created Present 7 Strategic Plan To Council-1st mention of Total Tyler Concept 02/2020 AMS Dernos12/2019 Public Works Asset Management Roadmap CIEMEP .pay 3n lar Mq, .,Ui :an --ar _may .,u1 -,on .. us i jmar .SE.,4 ..:1 I. • A ... • •18 2 A9 2ttO All21 Asset Management Software(AMS)RFP Total Tyler Presentation to COT Tyler Briefing to Council FY21 Budget Adopted with Tyler Package for Year-1 Funding Year-2 Tyler Funding Presented to Council SEAM Tyler Contract Approved by Council Budget approved with Year-2 Tyler Funding ill lig TI GARD What has been approved by Council • FY20 • (2) FTE's in IT to form the IT Project Management Office • FY21 • (3) FTE's in IT to form the Enterprise Applications Team • September 2020 — Tyler Contract • FY22 • (1) FTE in IT to add to Enterprise Applications Team • (3.5) LD-FTE for Backfill in various departments • $383,000 Contract funds for backfill positions (FIN & PW) ! TIGARD Project Snapshot tyler •❖ • Priority city project o Replace core business systems o $6.4 mil contract over 10 years o Project Implementation (4yrs) $1.6 mil o SaaS Costs (10 yrs) $4.8 mil o Teammate resource loads TIGARD Background —Business Case • Decade+ business system age ;414j • Isolated systems ' �r • Outdated paper-based workflows k ;_*11: • Limited public online =_ - ' ' capabilities TIGARD Community Benefit 101 NwO Streamlined Citizen Portals 311 Reporting IN • " TIGARD Overall Project Schedule Next 6 Months Project chedule in Months O - N .ti - ` ` N N N N N ry N N ry ' N N AN N N R] N m N] ,,',.4.,N N N ` rimN N>• NN NN Nu N � " ryro N. . uN ` " N >. w N Ns u N N u Phase ov m ¢ ¢ o o LLnaa ca o o LL m a o oLL Munis Financials Financials-AR/GB/Tyler Cashiering/VSS EAM Enterprise Asset Maintenance/Tyler 311/I nvertory Munis PR/HR Payroll/ET time&attendance/ESS ® IHR = _ ErAdv sched■ Utility Billing&My Civic UB, My Civic/Tyler Payments/CSS ■ EnerGov EnerGov/CD/Permit s ■ Socrata-Finance Socrata III Incode Courts Courts ■ Tyler Content Management TCM-E Tyler Meeting Manager Meeting Mgr ■ lig ,1 TIGARD - Tyler Contract r 1 • Software as a Service (SaaS) • Implementation • Data Conversions iii J NE " TIGARD Cost Breakdown Detail • • • er • Tyler Contract Costs r •••••�' • technologies • Software as a Service (Saas) • Implementation costs • Soft Costs • Data conversion costs • Backfill • Contract / temp positions • Salary + benefits • Training Space • Everything else ... %,... li . .. TIGARD Tyler Risk Management Plan • Updated every 6 months • Reassess current risks and adjust for new ones • Highest risks are all FTE resource related • Resource issues lead to a non-functioning or low-quality system TIGARD Current Identified Risks • Teammate turnover = • Position vacancies • Teammate availability • Project scale / resource load • Training space • 100% online implementation due to COVID TIGARD - Risk Impacts (2) Project Schedule Delays • Delay #1 resource issue in Utility Billing and Community Development No financial impacts Schedule adjustments only • Delay #2 resource issue in Finance Finance and HCM are building blocks to all Tyler modules Significant financial impacts to project and departmental budgets Schedule impacts to most Tyler modules Potential for extended delay up to 12-months li .. - - TIGARD Risk Mitigation —Schedule Project Schedule in Months M _ N N 2 2 ry ry r 2 ^ .ryn ry ry N n N N N ¢ ry _N N ry m ry 4 N M '4 4 N ry ry A ry y N A 74 N n n Phase zo a ¢ co . o _ ,_ a � -' ,,,,4 9zn4a ,^ _ z .ri . . _. 2. a n z ° a 2 2. ¢ v' a • Munis Financials Financials-AR/GB/Tyler Cashiering/V5S/Tyler Payments iDelay N2 EAM !Enterprise Asset Maintenance/Tyler 311/MyCivic/Inventory Delay 52 ■ Munis PR/HR !Payroll/ET time&attendance/ESS/HR Delay N2 IN ETAdv srhed 11. Recruiting/Risk 3. ( Utility Billing&My Civic Delay ai UB/Tyler Payments/C55 Ili EnerGov Delay 41 Delay p2 1EnerGav/CD/Permits iliS Socrata-Finance _ IDeiay 112 Socrata !Live Incode Courts [Delay 42 Courts hive Tyler Content Management Delay 52 idTCM-E use Tyler Meeting Manager !relay 52 Meeting Mgr Delay Cl-resource issues in CO and UC Delay k2-resource issues in Finance illi q. : : . TIGARD - Financial impacts • (4) key areas of financial impacts related to go-live delays • Tyler Implementation Costs 6-month = $170,000 Added Cost in FY23 budget • Tyler Project Management Costs 6-month = $43,000 Offset by savings from remote implementation 111 TIGARD - Financial impacts continued • Legacy system support cost r 12-month approximately $330,000 / Included in current operating budgets * Increased time of "double paying" (legacy + Tyler) • Project resource extensions Included in current operating budgets LD-FTE position extension $TBD (6-months) Training Facility extension $24,000 (6-months) TIGARD Financial Impact Summary — 6-month delay • Implementation - $170,000 • Tyler Project Management - $43,000 • Legacy Software - $330,000 • Project resource extensions - $TBD Total estimated cost of delay $543,000 TIGARD Quality and the drive for change • Data integrity, process improvement, and driving new efficiencies using technology are the true measurements of a successful Tyler project • Implementing as-is processes is not acceptable • Getting it right is more critical than getting it done TIGARD We can do it ! • Proper resources need to be dedicated now • Tyler needs to be the #1 city priority • Functional Leads must spend 90%+ of time on Tyler • Subject Matter Experts must spend 50%+ of time on Tyler • Finance • (5) Functional Leads and (5) SME's (50% of department when fully staffed) • (2) Functional lead positions are vacant • HR • (1) Functional Lead and (1) SME (45% of department) TIGAItD - - Questions? 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Business Meeting One Meeting Date: 04/05/2022 Length(in minutes): 75 Minutes Agenda Title: DISCUSS CHARTER INTERPRETATION Authored By: Shelby Rihala Presented By: City Manager Steve Rymer and City Attorney Shelby Rihala Item Type: Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE A discussion on the Charter interpretation related to consecutive terms as used in Section 7 of the City's Charter: The elective officers of the City shall be a Mayor and four councilors who together shall constitute the City Council.At the general election held in 1990, and everyfourth year thereafter, a Mayor shall be elected for a term of fouryears.No councilor shall serve the City as councilor for more than eight consecutive years, nor shall the Mayor serve as Mayor for more than eight consecutive years. In no case shall any person serve on the City Council for more than twelve consecutive years. These limitations do not apply to the filling of an unexpired term. No person who is serving as Mayor or councilor shall become a candidate for any City office for a term which would be concurrent with the term in office then held unless that person first submits a written resignation from the then current office at the time offilingfor the other office. A resignation submitted to satifi this section shall not be withdrawn.A resignation shall be adequate forpurposes of this section if it provides for the termination of the signer's service in the office not later than the last day before service would begin in the office for which that person seeks to become a candidate. ACTION REQUESTED Staff requests Council direction on preparing a resolution to bring forward for Council consideration adopting its interpretation of"consecutive years" for purposes of Section 7 of the City's Charter. Specifically, 1)What is the meaning of consecutive years referenced in the City Charter?2) Should a break in service reset the consecutive years calculation? If so,how long of a break is needed?3) Should the statement about consecutive years apply regardless of whether the unexpired term was filled by election or appointment? BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations Council's first briefing on this issue was on December 21,2021. On March 8,2022,Council received related public comments. This is the first meeting to begin discussions of future Council action. Additional time is being held on upcoming meetings if needed with the expectation that Council adopt a resolution formalizing its interpretation on April 19,2022. Public Involvement Council has solicited public comment through an online portal for 12 weeks and has received 98 comments. All 98 respondents indicated that they were Tigard community members.Attached is the most recent document. Impacts (Community, Budget,Policies and Plans/Strategic Connection) There are multiple ways to interpret the phrase "consecutive years" as used in Section 7 of the City's Charter. Under Oregon law,when a city's charter is ambiguous,the city council is charged with resolving the ambiguity. Merriam Webster Dictionary defines "consecutive" as "following one after the other in order; successive." It includes multiple definitions of"year." One of the definitions is, "the period of about 365 1/4 solar days required for one revolution of the earth around the sun." Therefore,one interpretation is that"consecutive years" should mean serving for 365 back-to-back days. This would mean that any break in service that is longer than a day would reset the clock. Other definitions refer to a "calendar year" or"12 months beginning in January and ending in December." Under these definitions,a longer break in service of a calendar year would be required for a reset. City Council is being asked to adopt one of these interpretations. Based on Council's direction, staff will prepare a resolution for Council that will be the formal position of the City. City charters are generally interpreted in the same way as other legislation. Because Tigard's Charter was approved by voters,ultimately the charge is to determine what the voters intended. Case law says this is accomplished by looking at the text and context of the provision as well as any legislative history. Text and context look to not only the specific words at issue,but also the surrounding words and sections of the Charter that may support a specific interpretation. Legislative history includes statements in meeting minutes or supporting documentation that point to the understanding of the Council that adopted the language at the time the language was authored. The attached memo includes the text of the two amendments to Section 7 as well as a summary of the minutes from more recent Council discussions. ALTERNATIVES & RECOMMENDATION Council has discretion in its interpretation of the Charter language,but may not change the Charter language without a public vote. ADDITIONAL RESOURCES Attachments Memo Results of Community Outreach * CITY OF Tigard To: City Council From: Shelby Rihala, City Attorney Steve Rymer, City Manager Date: March 29, 2022 Subject: Charter Section 7 History Tigard's City Charter was adopted in 1962. Since then, Section 7 has been amended twice. The evolution of this section as relevant to the question regarding "consecutive years" is described below, followed by a summary of more recent discussions which may be useful in interpreting this section. I. Charter Amendments November 1982: The "consecutive years" language comes from this proposal. In addition to changing "councilmen"to "councilors,"this measure added text that, "Except for Mayor and Councilors holding office on the effective date of the 1982 Charter Amendment, neither the mayor nor any councilor shall serve the city in such position for a period of eight consecutive years, except for the filling of an expired term, and except that any councilor may serve as mayor notwithstanding eight years service as councilor." Though the minutes indicate a "lengthy" discussion by Council "regarding the wordage and intent of the measure," unfortunately the minutes do not capture any of that discussion. 1985: Section 7 was again amended,this time to add the language, "No councilor shall serve the city as councilor for more than eight consecutive years, nor shall the mayor serve as mayor for more than four consecutive years. In no case shall any person serve on the City Council for more than 12 consecutive years. These limitations do not apply to the filling of an unexpired term." In the resolution adopting this proposed language, it described the purpose as setting "a limit of four consecutive years on the term of office of mayor and an overall limit of twelve consecutive years for service on the Council." The language was recommended by the city attorney to "clarify existing language." II. Recent Council Discussions Over the years, Council has had numerous discussions related to filing Council vacancies and term limits. We have reviewed the minutes of Council meetings going back several years and the information below summarizes the instances in which these issues were discussed. A. Resignation of Mayor Dirksen In early 2012, former Mayor Dirksen was running for Metro Council. Leading up to, and after his successful election,the Tigard City Council had several discussions related to the options for filling the remainder of the Mayor's term. City Attorney Ramis provided a memo summarizing the options, including appointment or election. Term limits was tangentially raised, as the minutes from the 6/12/1012 study session reflect: There was discussion on Councilor Henderson's position that Mayor Dirksen will have served as mayor for nine years,which is beyond the term limits established by the Charter. City Attorney Ramis commented the interpretive issue is whether the time period during which Mayor Dirksen was filling the unexpired term of Mayor Griffith is counted toward the term limited time period. City Attorney Ramis said to the extent the council feels there is ambiguity in the Charter, the first arbitrator of the meaning of Charter is the council itself.Absent a court decision regarding the meaning of the Charter,it is the council's obligation to interpret the Charter. Councilor Henderson said it was not his intention to raise an issue with the mayor's service;he simply was noting. B. Charter Amendment Measure In May 2015, by a 3-2 vote,the Tigard City Council put two measures before voters related to term limits. The first measure would allow seated Councilors to run for a City office without resigning their current seat. The second measure would have allowed a Councilor to serve for 16 consecutive years instead of 12. The minutes from May 15, 2015 mention the question of a break in service: A discussion was held on what constitutes a break in service,with Council President Snider and Councilor Goodhouse suggesting a full term as a break. Councilor Henderson said he thought that was the intent. City Attorney Ramis asked council what their definition of consecutive years of service was. He asked, "Could the cap be defeated by resigning in the last six months of the term and then running again?"A discussion was held on the desired length of a break. City Attorney Ramis will develop some clarifications for council review. Despite the reference to follow-up being offered, there is no record of a memo or discussion in future minutes. C. Resignation of Council President Snider On June 26, 2018, Council considered options related to filling the remaining two years of Council President Snider's unexpired term after he resigned to run for Mayor. As the AIS summarized: On June 4, 2018, the City received notification of Council President Jason Snider' s irrevocable resignation effective December 27,2018. The resignation was submitted in accordance with Tigard City Charter Chapter III, Section 7,which states in part, "No person who is serving as Mayor or councilor shall become a candidate for any City office for a term which would be concurrent with the term in office then held unless that person first submits a written resignation from the then current office at the time of filing for the other office." Council President Snider filed for the office of Mayor at the time he submitted his resignation. City Attorney Rihala provided a memo summarizing the options for filling the vacancy. Should the above STATEMENT In your opinion,what is the meaning of"consecutive years"referenced in the Should a break in service reset the consecutive years calculation?If yes, apply regardless of whether the s there anything else you want to share on this topic? City Charter? how long of a break is needed? unexpired term was filled by election or appointment? Our founding fathers never intended that anyone should have a career as a As far as I am concerned,12 years is way too long for anyone to serve politician. I know that's changed both locally,state-wide and nationally since our but if we're working with that number then it should not matter if there's a country was started but that doesn't mean it's right. I believe that we should have break in service at all. Once you hit 12 years-or in this case where Yes strict term limits for all politicians. The idea that you could have a 3 or 4 day Jason would hit it during his next term,I say no way. So forget the break break in"service"and start the clock again is ridiculous. in service and just honor the intent and limit everyone to 12 years"total". Following each year continuously. Yes.2 years. Yes Yes,presuming it is a real break.5 days between serving as a council I think what the mayor and city council are trying to do to allow the mayor to exceed Consecutive years start when first elected and ends when one stops serving. person and starting as mayor is hardly a break.Serve,sit out a term,then Yes our term limits is reprehensible. run again. Consecutive terms means ongoing one year-not two days like the Mayor is trying to do. Yes The Mayor needs to do the right thing and not run for a term.Stop trying to change the rules and laws to fit your political agenda. NO,NO NO!This not the intent of the charter.The intent,I believe is to Holding a position consecutive YEARS!Resigning for a few days does not reset prevent the same person from holding a position in the city for more than Yes The voters made it clear more than once that that they are in favor of term limits and the year. eight years.Resigning for a few days should not be allowed to circumvent this should be honored the will of the people. It is not acceptable to have a break in service to reset consecutive years. It doesn't give other citizens a fair chance at running for a position. A break should mean that after an elected term you will need to wait to be re-elected or campaign for a new position.I believe since both council Even when a resignation is received to run for mayor it still counts as consecutive Definition should still be the meaning of the word.It means to follow continuously. positions and the mayor are public positions that it doesn't matter if one years.In the case of Mayor Snider I believe it's been 10 consecutive years so he It would mean consecutive years not consecutive days. goes from council to mayor or the other way.The limit is what it says.The Yes would need to wait a term before running for re-election or if there was a 2 year seat only break in service is one that is a resignation or termination.If you on the council he could run for that. voluntarily resign to restart the limit I believe that goes against the charter. Voters have made it clear in the past that we want no more than 2 terms. It's fair to wait a term before going for real-election. I would point to what I believe is the intent of Section 7 of the Charter,I believe Under the charter,a break in service does reset the consecutive years the intent is to prohibit any individual from being continuously elected without a calculation. Using my definition of intent where the Charter language is If Council chooses to interpret the break to reset as waiting the two years between break in elections. In this case,it is the 8 years(two elections every 4 years in a there to prevent consecutive elections every 4 years in perpetuity,and elections to reset the consecutive years calculation,I think you will honor the intent of row)as a Mayor or Councilor and 12 years(3 elections every 4 years in a row)as since elections are held every 2 years,that should be how long the break the Charter. If you are leaning towards a solution that leads to someone being able to a member of Council(Mayor/Councilor combination). To say that resigning for a is. If,for example,a person was elected in November 2010 to Council, Yes be reelected every 4 years in perpetuity,I recommend that you ask the voters to day constitutes a break in consecutive years appears to be technically legal and re-elected to Council in 2014,and then elected Mayor in November 2018, change the Charter to clarify the language and,in effect,remove term limits from the may hold up in court. That said,in my opinion,that is avoiding the intent of the that person would be term-limited at the end of their term on December Charter. law,which is to keep any one person from maintaining power for too long and 31,2022. That person would need to wait 2 years to run for election in allowing others a chance to serve their community. November 2024 and could reset their clock. The people want term limits for a reason.Trying to circumvent the system by To me,consecutive years start the day the person took office and end 365 days At least one term. Yes changing semantics,vacating office,etc, in order to reset the clock is not the intent of later(or however many years the term was for). term limits. To me term limits means it's time for fresh faces and thoughts after a person has reached the maximum years of office. Nit-picking the charter language is ONLY for the benefit of the mayor or council back to back calendar years yes-a full calendar year Yes members-not the public. Term limits are appropriate and necessary to good governing. If you are so sure you are doing a good job, you should not be afraid of a break and your ability to be re-elected. In my opinion,consecutive years is relating to back-to-back calendar years,not a Yes,I think a break in service of at least 1 year before a person can run Yes N/A period of a day. for election again should reset the consecutive years calculation. 1 entire year is a break.Good or bad,not one person should be on the One day does not reset the clock,needs to be an entire year. board for this long.Take a break,enjoy family,take a year off and then Yes come back. Consecutive years to me simply means CHRONOLOGICAL year. That said--if a No. Even if there is a break in service,I believe that the term expires at person steps down from office WITHIN his elected period,that person may be the end of SCHEDULED calendar,as originally voted for. Yes allowed to return during his/her term,but no extensions,until next elections. I agree more with the calendar year interpretation.Resigning for a day feels like a 1 year,ideally at least a 4 year term.The point of term limits is to not Yes shady loophole. have one person dominating an office for decades. consecutive[kan'sekyadiv]ADJECTIVE following continuously."five consecutive months of serious decline"synonyms:successive•succeeding•following•in No. Eight or twelve years is more than enough.I don't want career Yes succession•running•in a row•one after the other•back-to-back•continuous• politicians running the show.We have too many career politicians. solid•straight•uninterrupted•unbroken.Not rocket science. Uninterrupted service one term Yes The Mayor or Councilor would need a full calendar year in order to reset the Don't allow contemporary politics to influence this conversation. In general,the idea clock. I can't imagine that"one day"was the intent of a necessary"break"before One year,at least. Minimum one year,more if required to wait until the Yes of having term limits is to limit the influence of any one person of power or resetting the clock. Common sense. next election. perspective. If you allow for"one day"breaks,and"renewal of term limits when taking over a resigned position"you are gaming the system,and that was not the intent. Serving more than half a term in a council position and continuing to serve The break between term limits should be at least the length of one term Yes multiple terms in that position back tip back not including interim or temporary time served Consecutive years No Yes Should the above STATEMENT In your opinion,what is the meaning of"consecutive years"referenced in the Should a break in service reset the consecutive years calculation?If yes, apply regardless of whether the s there anything else you want to share on this topic? City Charter? how long of a break is needed? unexpired term was filled by election or appointment? I think the references to 8 years is clear. (8 years,one after the other,with no It would be interesting to see how people feel about coming back for another breaks.) I think the 12 years reference means that someone could be Councilor (potentially)12 years after a break. There's something to be said about bringing a for 8,then be Mayor for 4,with no breaks,or Councilor for 4,then be Mayor for 8, Yes,although I'd prefer a break of at least 2 years,to allow for a big Yes fresh perspective, On the other hand,solid experience can be really helpful. And a with no breaks. Or be Mayor for 4 or 8 years,followed immediately by 8 or 4 enough shift in perspective to better inform any future service. lot probably depends on what the City needs to deal with most in terms of longer term years as Councilor. strategy. Yes,a break in service should reset the calculation,but the break should If I am understanding the question above correctly,I answered"no"because I think Full calendar year be a full calendar year. No that the filling of somebody else's term should not count toward the 8 or 12 consecutive years. Calendar year 365 days Minimum 6 months.Not 1 day. Yes Back to back calendar years.A one day or five day break in service is a A minimum of six months.Probably best to be one year Yes manipulation of the law in my opinion. YES!And believe the break between service should be one FULL oh yeah..I think it is shady as L___)to take a few days break and call it a"break I agree with back to back calendar years. Yes in service"! We need our councilors and mayor to be above reproach and have the calendar year. utmost in integrity. At the very least,it should be interpreted as a calendar year,and in fact,a full year'break'in service seems barely adequate.In order to bring fresh ideas,new perspectives and motivate new candidates to run and serve,limitations on terms must be clarified and enforced.Otherwise residents may tend to vote At least 2 years,and the charter should be reexamined/rewritten to make Yes We need fresh faces and new ideas in this city's leadership. apathetically for the'devil they know'rather than researching the platform of a term limits a combined years of service. new candidate,reaching out to said candidate,etc.In fact,in my opinion,no one person should be able to serve more than 8*combined*years in any position, consecutive or not. Consecutive years should include any portion of a year,resigning a day before the term is over should not cancel the year previously served.That is a VERY No,there should be a break of at least one year,if not two. Yes shady way of interpretating the intent of the rule.I am extremely disappointed to hear our Mayor thinks that would be okay.Slimy. 1.Whatever the decisions,the finalized pattern on how term limits are defined should also be made consistent/standardized across city boards and committees(i.e.,what back-to-back calendar years at least 1 year Yes counts as consecutive years&how limits apply to unexpired terms). 2.The 12-year rule seems intended as an absolute upper limit,regardless of inclusion of unexpired terms. In other words,it feels like"These limitations do not apply to the filling of an unexpired term"sentence modifies the 8-year rule;NOT the 12-year rule. I prefer the 2nd interpretation. I prefer a one year break. Yes Thank you for requesting input from Tigard citizens. In my opinion consecutive years would be one year after another.The operative I think it is admirable that someone wants to serve their community especially with word being'year'.So one day into a year would constitute serving for a full year.If Yes it would reset the clock but would require 1 full year before being current turbulent times.If there is no one else who wants to run for an office then term you are elected to 4 years stepping down 1/2 through your last year would still Yes limits might have to be revisted.I do think time off as a private citizen is a way to avoid count as 4 full years. Resetting the clock would require one full calendar year. allowed to service in that capacity again. burnout,remember to listen to your community and not forget your homelife and those Again keying on the word'year'. that love you and support you. Since a mayor or commissioner can only serve two terms,for a total of eight years,that means the a commissioner running for mayor can only serve one term,Yes but a break should be for at least 12 months Yes period.Resigning for a day or two to break ip the consecutive time period is violating the spirit of the law. Back to back 365 day periods At least a day. No Consecutive years would mean 2019,2020,2021,etc...If I take a vacation for 3 No,especially if they resign to take a new position they were elected to.If weeks,and 1 week is unpaid,I have still been at my place of employment for 10 Term limits keep things fresh for the city.New ideas and such.I have grown up in you were to take a break from all public service for 1 year or more,then it years,it doesn't change my"seniority"or anything like that.I believe the City should reset,since it would not be consecutive.2019,2020,(took 2021 Yes Tigard,graduated from THS,and now am raising my boys here.I want to not see Charter was correct in limiting the terms and the Mayor and Councilor are trying to off),2022 starts again.The key to me is that you are NOT running for an Tigard stuck with someone who keeps doing something and keeps getting re-elected undermine the spirit of what was written.I urge the City Council to see through office during that 1-year break. because they are the incumbent. this. Under the current terminology,yes.The break,in my opinion,should be a year. However,I believe that the terminology could be changed to I interpret"consecutive years"as back-to-back calendar years. something separate."Consecutive years"leads me to the reasoning of a Yes year long break,however,I believe a longer break could be beneficial to our community and government. The spirit of why the rule was created is important. New leadership with differing ideas and perspectives is essential to the health and growth of our City. Tigard's elected leadership prides itself on it's stance and approach to diversity and inclusion. Back to back calendar years. The spirit of this rule was not to define this as a Changing the language to benefit two elected officials currently in office does not single day,rolling from one role to another. The break in service was meant to seem to match the idealism the current Council/Mayor state they stand for.The rule No. If we believe in diversity of thought and tout ourselves as being a City provide equitable and ample time for other candidates the chance to campaign for that desires citizen participation,then why would we reset the clock to Yes was set in place to provide differing views and leadership and to discourage a power an elected office.This is particularly important against a popular or well funded allow the opposite. vacuum. While one could certainly argue new candidates running for office and incumbent. How do we attract other candidates who offer diverse perspectives, attempting to unseat an incumbent is the path towards diversity in thought,politics not the most popular or longest tenured opinion. and leadership;term limits are the absolute to ensuring this happens. Eight and Twelve years are enough time to influence and policies to improve Tigard. Leadership should be about developing the next leaders in Tigard to fulfill these roles,not preservation of ones position by changing long established rules. Back to back calendar years 1 calendar year Yes I believe there should be a break in service between being a councilor and a mayor as well. Should the above STATEMENT In your opinion,what is the meaning of"consecutive years"referenced in the Should a break in service reset the consecutive years calculation?If yes, apply regardless of whether the s there anything else you want to share on this topic? City Charter? how long of a break is needed? unexpired term was filled by election or appointment? Back-to-back calendar years.There needs to be a break in service of at least a Minimum of one election cycle. Yes full calendar year in order to reset the clock on term limits. I think it means back to back calendar years. Yes,the clock can be reset after a break of one year. Yes But it is only YES to cover the appointment loophole. I'd really rather not see twelve- year term limits at all. The bullying of Steve Rymer and Danna Bennett over covid mandates of shots and shoving this DEI down our throats isnt helping.The City is at a all-time low with morale and he insits on making it worse.No Division is working together,its this side of the street and that side of the street.He is a liar,the boots on the ground staff and the carpet walkers are treated differently.In his last Thursday team email he talks about how all shifts are small,liar.Public works has boots on the ground have not been split up.The city talks about safety and DEI,But that only applies to the carpet walkers. The city knows that the Niche isn't safe(inspectors won't enter,too many violations). We have a water site that's being used incorrectly(Canterbury).Green team works In a row 10years Yes out of it,gas and other pesticides are on site to contaminate the water.I wonder how the public would feel about that.I don't see the city having money to fix the problems. I'm going to be inquiring with OSHA and BOLI about unsafe work environments the discrimination of the labor force.I want Steve and Dana's resignation!!!I want an internal meetings/survey with leadership and council so Tigard staff and give our invite about Steve Rymer,Dana Bennett and Mayor Jason Snyder.Do you even know what's going on with staff? My bet is your getting smoke blown up your ass.How do supervisor your managers,directors and the Mayor,my guess you just take what they say instead of talking to the staff(Teammates).Help us(City Staff)help you(Council and the Public) by taking care of The City of Tigards public.Mayor is to busy with photo opportunities with the City of Tigards minority citizens population. Yes,from the Charter history and the previous discussions about this topic in the document you provided,a break in service is needed to reset the consecutive years calculation. The break should be,"at least a full There is a lot of effort to clarify what looks to me like straightforward information. Consecutive years in the Charter means,"back-to-back calendar years" calendar year in order to reset the clock on term limits."The other option Yes Ethically,using an interpretation that takes what is meant to be a break from service noted,a one-day break in service,sounds like an attempt to circumvent and boils it down to one-day separation,is questionable at best. the Charter requirement. In my opinion,it doesn't sound like a one-day break was the intent when the Charter was prepared. Terms that run together without a break. If another entire term has passed,for example a four year term,would Yes Term limits by the citizens of Tigard mean they(we)want turnover. require a four year break. The entirety of the term in which the candidate was elected No.Regardless of the officials decision to vacate the office,the public YesThe intent of the lawmakers should be interpreted correctly voted them in for the full term. I Full years >365 days,which is only 25%of a term. I like Mayor Snyder,but the intent of this law is to force seats to be vacated to get new candidates. Resigning for a few days does not do that. Back-to-back calendar years. No. Yes "consecutive years"meaning continually in a row 1,2,3,and so on. NO Yes No,it should be an overall calculation so that no one person can It is nice to have changes in leadership for fresh ideas and energy.It would be good to Back-to-back calendar years(meaning no breaks) continuously break the consecutive years and then serve for more than a Yes have an interpretation that doesn't allow for loopholes. maximum amount of 8 years. No one day reset.This should be a full year at least A minimum of one year or more Yes I understand the effort to resolve these issues in a timely matter but trying to squeeze this into a December meeting just prior to Christmas was wrong! o:Tigard Mayor and City Council Public Testimony:1/23/22(for the public hearing on 1/25/22)Regarding Elections of city councilors and a mayor:1.Any elections charter change agenda item at public meetings should have been advertised and scheduled early last Fall,NOT between Thanksgiving and New Year's(when not answered No virtually Nobody is paying attention).That,by itself,is suspicious—and as to the motive.There's a history of Tigard city councils sneaking through radical [unsupported]measures during that time period(and also in the middle of the summer,when folks are focussed on vacations,etc.).That is corrupt. Should the above STATEMENT In your opinion,what is the meaning of"consecutive years"referenced in the Should a break in service reset the consecutive years calculation?If yes, apply regardless of whether the s there anything else you want to share on this topic? City Charter? how long of a break is needed? unexpired term was filled by election or appointment? I am speaking in my capacity as a private citizen and Tigard resident.I am concerned about how the questions on this form are framed.In my opinion,given the proximity of the next election,the council should strictly be interpreting the charter as it's written-- rather than engaging in the normative question about what"should"apply(as the questions are written).My answers to what"should"apply are different from what I believe the charter language actually says.The discussion about what"should"apply ought to occur during an official charter review process,which I understand the council does not have the time to complete prior to the next election(but I hope it will happen after the next election). You all are in a tough position.This portion of the charter is poorly written.However,I feel strongly that it should not be re-interpreted in a stricter way this close to an election.Based on the memo provided,it appears clear The dictionary definition provided by city staff in the memo linked above. Yes.At least one day. No to me that based on the definition of year provided city staff,a break in service resets the count.Perhaps the charter'should'say"calendar year"--but it does not say that now.It also appears there are historical examples(like that of Mayor Dirksen serving for 9 years)that indicate interpreting this charter language in an exclusionary way would be a departure from past precedent.Departing from past precedent should occur during a charter review process,not an isolated council vote. At the very least, a person who has only served 10 years on City Council should not be prohibited from at least serving two more years(again,if Dirksen served for 9 years as mayor,past precedent seems to indicate that a person should be able to complete a full term, even if it goes beyond the"total year"count).Ultimately,if there is ambiguity,which there clearly is,the decision should be left to the voters.When the election is over, engage in a full and proper charter review process to fix the language and provide greater clarity. Back-to-back calendar years. Yes,one calendar year. Yes The term is ambiguous. If it is decided that a break is necessary it should be clearly defined. No The current mayor should not be restricted from running for reelection. No break in service should not reset the consecutive years calculation. In my opinion the intent of the Charter language is that if a person is elected fro a Being elected for a four year term should be counted as four consecutive term of years and serves any time within that year-the year qualifies as a years regardless of how long the person serves. The person's elected consecutive year. If a person resigns early,the full year counts as a year of term when added to any other consecutive elected term(not one filled by service. The language of the Charter that was added to require a resignation appointment as the Charter excludes this)equals consecutive years of before seeking another position that has a portion of its terms concurrent with service. A resignation to address the requirement of the Charter(to run their term was not intended to create a break in the consecutive years of service. for another office)is not a break in service regardless of whether it is a That should be your question not the two options presented. The council and day(the minimum required by the Charter)or longer. There was no intent community should be looking at the intent of the Charter and the sequence in for the Charter language requiring resignation to void the term limit which the language was written or revised. The requirement of a resignation was requirement. Its intent was to eliminate the possibility someone would added when or after the mayoral term was increased from 2 to 4 years. The have a"safe seat"when running knowing if they lost they still had two Yes present situation where the mayor cannot run for a new term because he will have years remaining in their term. The intent was to take away one served for 10 years at the end of 2022 was anticipated and understood. He advantage an incumbent would have in an election. Term limits were cannot run as a new term would be in excess of 12 years. The requirement of a established to encourage community members to be involved and to seek resignation of at least one day before taking a new term was not intended as a election allowing for openness and the ability of young,new,and newly "reset". To determine that there is a"reset"serves to undermine the intent of the interested people to seek elected office rather than have the community Charter language to have term limits. The city has term limits. The intent is to perceive that the same few people with political war chests and make way for new members of the community to serve. Interpreting the language established campaigns are the only people likely to win. It was to level either way this question is worded is wrong and does not honor the Charter. I the field and encourage involvement in the process. The present city submitted earlier comments before the questions were changed. council must honor the intent of the Charter not look for loopholes to stay on council and exclude new candidates. Remember:equity and diversity. For the term of office a consecutive year should be 365 days or any part there of. If during any part of the year a resignation is tendered the part shall count as a No.Not if there has been one year of holding the office. In no case shall It seems that eliminating the word"consecutive"would solve all of the problems. The whole year. If the resignation occurs during the second year then the eight year an office holder serve more than eight total years as Mayor. City Council position should just be limited to eight years. term limit shall be considered fulfilled. The candidate may not again run for the same office. I believe that term limits are important.I think they properly put the focus on community service and not on"career politicians"for example.I also think,especially Yes.If a current council member is required to resign his position in order at the city level,experienced public servants may offer a lot of value in the way of to be a candidate for a different position that would be concurrent to the historical knowledge and a broader understanding of community issues.Voters still My interpretation is back to back 365 day periods. one held,that would seem to be an adequate break in terms of term Yes get to decide,at the ballot box,whom they want. It is unfortunate,that the language limits. in the city charter,leaves so much room for interpretation at this time.In the cloudy time frame that this is being decided, I would prefer to have the voters be able to choose between two candidates, rather than have 4 council members decide if one of them is not eleigible to run. Calendar year. The intent is to not have permanent council members. At least 2 years. Yes No. Change the language of the charter to be a max consecutive elected It is just a corrupt meaning that allows a politician to resign right near the end of terms-not years. For example,if you are elected counselor once and I cant believe you all are making this problem bigger than it actually is. Simply get rid then twice as mayor,resigning as mayor during your second elected term of the years and replace it with terms. This removes the whole issue of corrupt their term so that they can circumvent the intended definition of serving more means that ou will have to wait at least one more com tete term before No consecutivey P politicians resigning right before election so as to circumvent the intended definition of terms than allowed. running for election again. You cannot run in the next election which consecutive terms. would follow the end of your normal full elected term. Should the above STATEMENT In your opinion,what is the meaning of"consecutive years"referenced in the Should a break in service reset the consecutive years calculation?If yes, apply regardless of whether the s there anything else you want to share on this topic? City Charter? how long of a break is needed? unexpired term was filled by election or appointment? At least one year from the end of the year of the term or if one resigns at Back to back years with no break.Retirement in any part of a year still counts for anytime during the year,the year wait will commence at the end of the the entire 365 days. year of the retirement(365 days).If one retires 3 months into a year the Yes one year wait begins at the end of the 365 day of the year and not from actual retirement date. A reset should not be given if the break is due to resignation. If someone quits their current position in order to run again,their service should be back-to-back calendar years-at least a full calendar year needs to pass before counted through the end of the current calendar year. Otherwise they Yes resetting the service clock could serve 11 years and some months and then immediately serve up to another 12 years. I do not believe that is in the spirit of the charter language on term limits. The statement should be"No councilor or mayor may be elected to more than two consecutive terns". This would allow a person to be appointed to a partial term and The term"consecutive years"in my opinion means two fiscal years without at A break in service of at least one full fiscal year should reset the clock. No then run for two additional consecutive terms. Has anyone checked with the least a fiscal year between. members of the original committee that drafted the Charter. That would get a reading on the"legislative intent"of the original language. Are there any original committee members still available to be interviewed? Full calendar year. Full calendar year. No Again,your question is misleading.There are 2 parts to this section.The limits to Council is parsing the language to gain their desired outcome that the Mayor lengths of terms and council's ability to fill vacancies.The entire break in service serves another term.Just be honest.The intent of term limits is to prohibit the question arose because Jason had to resign from his seat in order to be sworn in as same individual(s)from serving year after year,term after term.12 years on City Mayor. If a Council member has to resign because of illness or work or whatever Council is long enough.Governing stales with the same ideas,perspectives and reason,they should have to wait until the next election.That is what should be agendas.After a resignation,a Council member needs to sit out a full election A full election cycle considered as break in service instead of a way to game the process.I find it hard to cycle.Otherwise,given your limited definition,a person could serve indefinitely. believe that Jason did not consider this when he ran for Mayor.After all,he has fellow The timing of this charade disadvantages other candidates.Let us be open to council members. the City attomey and the City recorder in a box and no doubt new faces governing and give the mayor's campaign war chest and Tom Brian's lobbying from other Washington County pols. And this is leadership.Looks like political consulting a rest. Trumpian desperate attempt to hold onto a seat,with the$40k salary and benefits to boot. The city council should not try to split hairs here.The idea that a break in service of a few days should reset the clock fly's in the face of the charters intention and that intention is clear. No more that 2 conservative terms in either position and no more Consecutive years should mean back to back years.IMO,a break of a few days than 3 consecutive terms total. If a position is appointed to fill a vacancy it's still a or even a few months IS NOT within the spirit of the charters intentions! No,unless such break is the equivalent of one full term!i Yes term,even if it's not a complete or'Whole"term. The elected positions of representatives were never intended to be career positions.The city charter was put in place to reinforce and guarantee this! New people bring new ideas! Our country is self governed from top to bottom!We elect representatives to represent us,not lead us!!!Somehow this has been lost! Back to back years Yes. At least 4 years. Yes I believe term limits are a must in order to prevent ingrown power bases. Because the language is subject to interpretation and has yet to be resolved,this should not impact the 2022 election. Let the citizens of Tigard decide who they want I don't think it matters what my opinion is. The language should be eliminated Charter language should be changed to state no less than one year is as mayor. Having said that,this language should be defined by specific days so less and a designated period of time defined that constitutes a break in service. considered a break in service. No is subject to interpretation. Additionally,I would be in support of allowing for up to 16 years when an individual transitions from councilor to mayor.Four years goes by quickly for those learning a new role and I believe eight years of service will best serve the citizens of Tigard. No matter the"break in service",the mayor or councilor would have to go through the I would accept the first interpretation...back to back 365 day periods. Once leaving service,for whatever reason,any break should allow for No election process.At that time,the citizens decide if they want the candidate to starting a new term of 8 years. continue or not.Ultimately,the votes become the term limit and the voters decide if they want the candidate to continue serving the city. Stop embarrassing yourself Council.YOU AREN'T FOOLING ANYONE.Community knows what you are trying to do.Trying to get Snyder elected again.I know for a FACT that Lueb is misinforming the community.Stop making it seem like it is not about term limits.Luaeb is not a real leader,real leaders would not have wasted Break in service is a FULL calendar year.Council knows this.They should do community time asking questions we already know the answer DURING A their jobbs.Make the decision. No Yes PANDEMIC.Zero trust in the city.Super shady.When can we vote Lueb and others out for not doing their job.Such a charade.Ever thought about focusing on what the community actually needs.Two years into a pandemic and Council is yapping about term limits,not support for us.HOW about help those who are getting kicked out of housing or CANNOT AFFORD childcare or BUSINESS is GOING UNDER. 1 full term,ele Tedappointed nted. Yes.1 full term. No 8 years max for any position or combined positions Full year or'term of office left'to reset.We NEED fresh people.Set REAL limits No.Limits are needed.Fresh eyes and no one should ride the wave of Yes Thank you for offering the survey! please. office without a limit of power by a true break in office. Back-to-back calendar year.Break would need to be at least a full calendar year. A break of at least 3 years to reset the consecutive years calculation. Yes Should the above STATEMENT In your opinion,what is the meaning of"consecutive years"referenced in the Should a break in service reset the consecutive years calculation?If yes, apply regardless of whether the s there anything else you want to share on this topic? City Charter? how long of a break is needed? unexpired term was filled by election or appointment? My interpretation of the charter does not mean that I agree with the charter.I think there is great value in having public servants(Mayor)who have a solid foundation of service and history to the community.I am in favor of 2 elected terms for each category of of Council member.Appointments to the Council in any capacity should back-to-back calendar years 1 year No not apply to the term limits.Understanding the basis for the 1990 wording could have an impact on this discussion.The roles for the councilors and Mayor and the levels of duty expected may be very different in 2022.Tigard is a larger and more diverse and robust city than 40+years ago and an amended charter with more explict language is due. After reading the materials,it is clear that there are multiple ways to interpret the A charter review commission of Tigard residents needs to be formed and their phrase and it should not be left up to the body that is the most to benefit from s yes--break of at lest 6 months No suggestion sent to the voters. The term consecutive should not be defined by the definition they form. people it most effects,nor should it be pushed by outside groups with an alternative motive. Consecutive years should mean 12 month periods with a break. The chater Elected officials should be limited to total years served. 8 total for council,and 8 total should limit"Total"years served in a lifetime. No. Yes for mayor. I think the term limits need to reflect"anytime a person holds an office",period. No!A break in service,such as a day or two,totally defeats the purpose Sadly,in this day and age,people are entering into the area of local,state,and That person would then need to run again after an appropriate time,yet to be of term limits.This is a way back in for person(s)not doing a good job andNo national governments to promote their own personal agendas.There needs to be a determined,possibly 3-5 years.Having breaks of service is a loop hole that needs would allow them to continue their jobs in a sub par manner.Term limits way to"freshen the pot"so to speak and get new ideas generated by a variety of to be plugged. help to weed out people who are not doing an acceptable job. people who represent the thoughts/voices of the general population. Should be changed to total years to be more clear. No Yes There are term limits,they should be followed with fidelity! NO,that's not a thing!That would be bad for Tigard Yes Back to back years A calendar year or full term cycle Yes I think this charter language is hurtful to continuity of governing. It will frequently result First,I own a rental house in Tigard and have paid taxes on that for many years. Yes,a break should reset if filing for a different office. Unsure about the in one term mayors. The mayor's role involves forging many relationships throughout To me"consecutive years"means time without a break. length of time. Yes the area eightg nation. Wetlose each officemuch if wewould terminatee much more mayorseafter only one term. An year limit on be more effective in terms of the stability and influence of Tigard. Given the lack of specificity in the charter language,I believe the most legally back-to-back 365-day periods As long as charter does not specify,it seems as though a single day Yes defensible position is the one that restricts council/mayoral participation the least.If would be sufficient the author(s)wanted to be more specific they could have been.I also tend to think an update of the problematic language for greater specificity would be wise. Back to back calendar years A break of at least a year seems appropriate. No I feel like it's clear to anyone not currently on the city council that the break means more than one day. To me,a"consecutive year"means one calendar year starting with the first day Yes,I think a break in service should reset the consecutive years I might be interested in participating in future discussions on the City Charter,but I the Mayor and Councilor takes office. For example,if the Mayor took office calculation. I think two consecutive years(meaning two calendar years would be curious to know what that actually would entail. Also,I like a limit of eight October 1,2022,then one consecutive year would be October 1,2023. Also,I from the date the Mayor or Councilor has left office)is needed for a break Yes consecutive years for both Mayor and Councilors,regardless of when/how they took think the definition should include"one day up to one calendar year." In other in service. (I would even be open to a longer break in service-four office. I think we should remove the 12 years limit language. Thank you for soliciting words,if the Mayor takes office October 1,2022,and resigns October 5,2023, that would give the Mayor two consecutive years. years,but that might be too long.) feedback! My opinion would be option 2 as it is now written in Section 7.To me the key is "Consecutive Years."If a person has only resigned for a day,a week or even a Yes,it seems fair a break in service would reset the consecutive years month from council,I would not consider that to be a real break from serving on calculation.Ideally,I feel 5 years would be a good amount for a break,but Yes council which seems to be the intent. Tigard not being a city that has the same at the very least it should be a full 365 days/year people serving 20,30 or 40 years.I did live here in 1990,but I don't remember any discussion on the meaning of this section,so this is purely my opinion. Back-to-back calendar years. The break service should be the period of a council term-for four years. Yes It is healthy to have changes in leadership and fresh perspectives.That's the spirit of these rules and the spirit should be followed when the letter is unclear. It should be plainly stated that the mayor is a member of City Council. I'm in favor of Back-to-back calendar years. Yes. At least one year. Yes a longer term limit,specifically three, for any member of the council,not solely a person who's served as councilor and mayor. consecutive years means back-to-back calendar years at least one full calendar year Yes term limits should be interpreted to encourage more opportunities for others to seek elected office If the eight consecutive years applied to appointments,how could twelve consecutive Back to back calendar years-would need a break from service of at least a full Yes,one year at a minimum.One day does not meet the spirit of theNo years ever be a possibility.If a councilor was appointed one year into a four year term, calendar year. clause. they could be elected for two more consecutive four year terms.Language certainly could/should be more clear. The meaning is clear...at least a full calender year break would be required..further more additional realities is also to be implied...trying to game the A non-manipulated break of at least a year should required.Further more system so as to run again sooner that should be allowed is it is obvious that no person is allowed to serve more than 12 yrs Yes corrupt/innaproprpriate..I E.Resigning a year before the end of a term,so as to cummulative..period,I.E.you can't take a year off,and get to serve be able to run again for the next concurrent 4 yr term..not appropriate,illegal, another 8 years..again the intention appears to be clear/obvious. act..should be obvious.. Calendar year A year Yes No The first interpretation listed above is how I understand this. According to how it's currently written,it sounds like one day. Yes Yes based on charter language,a break in service equal to the term 365 day years starting on the day of service of a normal election cycle. length of the office is required(4 years for Mayor). Exception would be Yes prior officer returning to fill partial term of an officer who resigned,was removed,or died in office. Should the above STATEMENT In your opinion,what is the meaning of"consecutive years"referenced in the Should a break in service reset the consecutive years calculation?If yes, apply regardless of whether the s there anything else you want to share on this topic? City Charter? how long of a break is needed? unexpired term was filled by election or appointment? consecutive years should be continuous service,but what consideration is given Is there a difference between the Oregon constitution and the Tigard charter on the for vacations or medical emergencies? 1 year No term limits To be honest the"one day reset"interpretation seems ridiculous.A break should I would say yes,that a person,having served two four-year terms should be that of the stated term,which in this case would be four years.In the event the be off at least the next four.At that point they should be eligible for two position came open it should be possible to"appoint"the former officeholder If the voters haven't leamed their lesson in 8 years they pretty much deserve what although in the event the interval was less than a year the appointment should be more terms,subject to winning their elections.I would also interpret a Yes they get.We'll try to do what we can with education. examined to make sure,as much as possible,that the vacancy was not pre- year as the basic 200 working days and a shortage of one or two planned. insufficient to reset the count. Back to back years.So,they would need a full calendar year to reset term limits. Yes,at least a year. Yes Literal.Consecutive years per true definition No.The length of a term would be needed to qualify as a break.No short Yes cuts. Any length of a break that is shorter than 1 year,in my opinion,is an underhanded way to manipulate language and disparage the intentions of the authors/framers. A Term is determined as 4 consecutive years,(ie.an election is held With all the upheaval in our society that're disrupting every aspect of life,why would years that run back to back/one right after the other. every 4 years).One term(4 years)for the length of the break time. At Yes this challenge to the Charter even be before us.Where is the humanity of these the end of 2 terms,a break would be 1 Term. elected/hope to be elected people? I'd like the challengers to take the year off from public service and use the time to develop the next steps which are a benefit,the highest and best good for everyone. this all depends.We want the right people and if one is bending too much just that somestimes they are working toward finishing an issue and that issue could no break in between years to the will of what businesses need over public wants,needs,and safety No be a stress relief for the community so issues sometimes are more important.also I then yeah there needs an ability to say no more of you because current think getting money out of politics is the most important part of who can be elected. law means businesses buy campaigns. Back to back calendar years.Otherwise a mayor could rising a day before the Yes Yes election in their 8th year,then be elected two days later. 365 days followed by 365 days If the break is for different positions,yes. Yes Term limits are important.Clarity is important.Transparency is important. N/A N/A N/A N/A Back to back service,no breaks considered. No Yes Elected positions,at City level should be term limited to 4 years,period,no exceptions. Consecutive years includes any years of service occurring consecutively. A year of service is, at the very least, any calendar year in which at least half has been If an entire calendar year is not spent in office, then it would not be I am the attorney who drafted the term limits measures recently passed by Tualatin spent in service.Leaving office in the last week of a year dies not erase the other "consecutive years".At the very least, one would need to be out of office Yes and Wilsonville.This attempt to craft a loophole avoid the obvious intent of these term 98%of the year in service. Whoever is encouraging reading a service loophole for the majority of a calendar year. limits is craven. into the city charter has no business leading the city. SUPPLEMENTAL PACKET FOR J .i, ao" (DATE OF MEETING) CITY COUNCIL Election History Mayor Name Term Started/Appointed Term Ended/Resigned Elton Phillips 11/21/61 09/24/62 Edward Woodard 09/24/62 01/11/65 Elvin Kyle 01/11/65 12/31/70 Daniel Larsen 01/11/71 08/13/73 Floyd Bergmann 08/27/73 12/31/74 Wilbur Bishop 01/13/75 12/31/78 Alan Michelson 01/08/79 12/31/80 Wilbur Bishop 01/05/81 03/14/84 Kenneth Scheckla 03/26/84 05/23/84(protem) John Cook 05/23/84 12/31/86 Thomas Brian 01/01/87 12/31/88 Gerald Edwards 01/07/89 03/31/94(resigned Jack Schwab 03/31/94 05/24/94(protem) John Schwartz 06/07/94 12/31/94 Jim Nicoli 01/01/95 06/30/00(deceased) Brian Moore 07/01/00 09/11/00(protem) Jim Griffith 09/12/00 03/23/01 (Interim) Jim Griffith 03/23/01 12/31/02(Elected to finish term) Jim Griffith 01/01/03 11/28/03 (deceased) Craig Dirksen 11/29/03 01/13/04(protem) Council President Dirksen served as mayor protem and then was appointed as Interim Mayor on January 14,2004. Craig Dirksen 01/14/04 12/31/04(interim-appointed) Craig Dirksen 01/01/05 12/31/06 Craig Dirksen 01/01/07 12/31/10 Craig Dirksen 01/01/11 12/31/12(elected to Metro Council) John L.Cook 01/01/13 12/31/14(Elected to finish term) John L.Cook 01/01/15 12/31/18 Jason B. Snider 01/01/19 12/31/22 I:\ADM\CITY RECORDERS\ELECTIONS\.Election History\Election History-Mayor and Councilors.docx CITY COUNCIL Position One Position Two Position Three Position Four Edward A.Woodard James Aitken Earlis Reid Karl P.Hanneman 11/21/61-09/24/62 11/21/61-08/13/62 11/21/61-01/8/62 11/21/61-06/10/63 Peter W.Heintz Francis K.Cooper Arthur W.Verharen Chester E.Klock 10/22/62-01/14/63 08/27/62-12/31/64 01/08/62-07/16/62 06/10/63-10/10/66 Norman E.Johnson Darwin W. Shinn George E.Sitton Roy M.Fisher 01/14/63-07/27/64 01/11/65-10/11/65 07/23/62-01/14/63 11/14/66-03/13/67 (dec.) Elvin G.Kyle Harvey L.Knauss Floyd H.Bergmann Edward P.Saxe 11/09/64-12/31/64 10/25/65-12/31/68 01/14/63-08/27/73 04/03/67-08/28/67 Edward A.Woodard Thomas O'Halloran J.Allan Paterson W.Del Ball 01/11/65-03/10/66(dec.) 01/13/69-12/28/70 09/10/73-12/31/74 09/11/67-12/23/68 John P.Well Carolyn J. Paisley Ralph C.Barkhurst Daniel L.Larsen 03/28/66-05/31/67 01/01/71-12/31/72 01/06/75-03/09/76 01/13/69-12/31/70 Robert C.Moore John E.Cook Lynn Wakem Charles L.Norton 06/26/67-12/31/76 01/08/73-05/23/84 04/12/76-06/01/78 01/01/71-08/13/74 Kenneth W. Scheckla Phil Edin Nancie A. Stimler Alan Michelson 01/01/77-12/31/84 05/23/84-11/11/85 11/13/78-12/31/82 09/09/74-01/01/79 Gerald Edwards Valerie Johnson Ima Scott Thomas Brian 01/07/85-12/31/88 04/14/86-12/31/88 01/03/83-01/15/86 01/08/79-12/31/86 (filling unex.trm) Joe Kasten Valerie Johnson Carolyn Eadon John Schwartz 01/09/89-12/31/92 01/09/89-12/31/92 04/14/86-12/31/86 01/09/87-12/31/90 (filling unex.trm) Paul Hunt Wendi C. Hawley Carolyn Eadon John Schwartz 01/01/93-12/31/96 01/01/93-12/31/95 01/01/87-12/30/90 01/09/89-12/31/94 (resigned) (elected Mayor; Sworn in June 7, 1994) Paul Hunt Brian Moore Carolyn Eadon Ken Scheckla 01/01/97-12/31/00 02/01/96-12/31/96 01/01/91-09/30/91 06/07/94-12/31/98 (filling unex.trm) (resigned) I:\ADM\CITY RECORDERS\ELECTIONS\.Election History\Election History-Mayor and Councilors.docx Position One Position Two Position Three Position Four Brian Moore Jack Schwab 01/01/97-12/31/00 10/08/91-03/31/92 (appointed) Jude Fessler 04/14/92-06/07/94 (elected to fill Eadon's unex.trm;resigned to run for Mayor) Bob Rohlf 06/07/94-12/31/98 *Craig Dirksen *Brian Moore *Ken Scheckla 01/01/01-12/31/04 01/01/01-12/31/04 01/01/99-12/31/02 01//1/99-12/31/02 (vacated position upon appt.as interim mayor 01/14/04) Tom Woodruff I Nick Wilson 02/24/04-12/31/04 01/01/05-12/31/08 01/01/03 to 01/01/03-12/31/06 (appointed) Resigned 4/24/07 12/31/06 Tom Woodruff Nick Wilson Gretchen Buehner 01/01/05-12/31/08 05/15/07-12/31/07 ?` LN-,) 01/01/07 to (appointed) 01/01/07 to 12/31/10 12/31/10 Marland Nick Wilson Marc Woodard Gretchen Buehner Henderson 01/01/08-12/31/08 01/01/11-12/31/14 01/01/11-12/31/14 01/01/09-12/31/12 Elected to fill unexpired term Marland Nick Wilson Marc Woodard John Goodhouse Henderson 01/01/09-12/31/12 01/01/15-12/31/18 01/01/2015- 01/01/13-12/31/16 12/31/18 Tom Anderson Jason Snider 01/01/17-12/31/20 01/01/13-12/31/16 Jason Snider I ieitL Loch 01/01/17-12/31/20** 01/29/19-12/31/20 Liz Nem ton John Goodhouse 01/01/19-12/31/22 01/01/19-12/31/22 Heidi l,uch Jeanette Shag 1/1/21-12/31/24 1/1/21-12/31/24 *Note: These Council members were the first that were not elected according to Position Number. Voters approved a Charter amendment on 11/5/96,which changed the election of Council members so that the two candidates receiving the highest number of votes would be elected to office. (Section 8, Tigard City Charter) **Unfinished term as councilor. He resigned effective 12/27/2018 to run for mayor. ***Council appointment on 1/29/2019 to fill remainder of Jason Snider's term. I:\ADM\CITY RECORDERS\ELECTIONS\.Election History\Election History-Mayor and Councilors.docx SUPPLEMENTAL PACKET FOR A.12;01 5-. a- )- - (DATE OF MEETING) Agenda Item No. Meeting of (pl ion aD i a City of Tigard Tigard City Council Meeting Minutes TIGARD May 8, 2012 Mayor Dirksen called the meeting to order at 6:32 p.m. Name Present Absent Mayor Dirksen ✓ Council President Buehner ✓ Councilor Henderson ✓ Councilor Wilson ✓ Councilor Woodard ✓ Staff present: City Manager Wine,Assistant City Manager Newton, City Attorney Ramis, City Recorder Wheatley • STUDY SESSION A. Discuss Process for a Potential Vacancy in the Office of Mayor City Manager Wine introduced this item,which is to begin council discussions on how the council would like to proceed if Mayor Dirksen resigns at the end of the year to serve on Metro Council if elected on May 15. There would be two years remaining on the mayor's term of office. She referred to information before the City Council prepared by the city attorney and city recorder regarding Charter provisions and process options available to the council to fill a vacancy. Discussion highlights included: • City Attorney Ramis said Charter provisions are such that the decision regarding the process in essentially up to the City Council and can be tailored to fit the facts of the situation. • Mayor Dirksen is running unopposed for the Metro council position. if he receives more than 50 percent of the votes cast for the position,he would be considered duly elected to fill the position. If elected,he would tender his resignation after he receives the certified election results and his resignation would be effective December 31. • Mayor Dirksen referred to a letter from Councilor Henderson,requesting endorsement by the council for his appointment as the interim mayor for the remaining mayoral term. TIGARD CITY COUNCIL MEETING MINUTES - MAY 8, 2012 City of Tigard1 13125 SW Hall Blvd.,Tigard,OR 972231503-639-4171 I www.tigard-or.gov Page 1 of 7 • Mayor Dirksen said he thinks,because of the time available to the City Council,it would be difficult to defend an appointment for such a long period of time—in excess of two years. There is time to conduct an election. Mayor Dirksen also referred to a letter from the Chamber of Commerce,which urged that an election be held. • Councilor Wilson noted when Councilor Harding resigned,he was going to be appointed for the eighteen months remaining on her term. However, there were objections to this, so he was appointed for a few months until an election could be held —he was subsequently elected to complete the term of office. • Discussion was held on the circumstances where an appointment could be made for a shorter period of time. • Councilor Henderson spoke to considerations that could be factored in favor of an appointed mayor;i.e., a new city manager and possible turnover of more than half of the members of the council. He spoke in support of an appointment of either Councilor Wilson or himself. • Mayor Dirksen reflected about who might want to run for the office of mayor. Councilor Henderson and Councilor Wilson would be good choices because of their experiences as council members and the support of the citizenry of the accomplishments of this council. • ID Councilor Henderson and Councilor Wilson both indicated they intend to run for the office of mayor. • Council members discussed that Tigard resident John Cook has expressed an interest in running for the office of mayor. • Councilor Henderson noted he would not want to have projects slowed down because of the transition period. Mayor Dirksen agreed he would not want the council to lose its momentum. • Councilor Henderson referred to the proposal he shared with the City Council in a letter. He said he does not plan to be a career mayor. He would be interested in serving as a "stand in"mayor to complete Mayor Dirksen's term. He said he thinks this would be the right thing to do for the community. He said he would be glad to return to the City Council if he was elected. Mayor Dirksen commented he thought people would urge Councilor Henderson to run for the office of mayor if he served as interim mayor for two years and did n good job. • Councilor Henderson commented on the way the Charter is written and the confusion about term limitations,especially when appointments are made for individuals to fill unexpired terms. • There was discussion on Councilor Henderson's position that Mayor Dirksen will have served as mayor for nine years,which is beyond the term limits established by the Charter. City Attorney Ramis commented the interpretive issue is whether the time period during which Mayor Dirksen was filling the unexpired term of Mayor Griffith is counted toward the term limited time period. City Attorney Ramis said to the extent the council feels there is ambiguity in the Charter,the first arbitrator of the meaning of Charter is the council itself. Absent a court decision regarding the meaning of the Charter,it is the council's obligation to interpret the Charter. Councilor Henderson said it was not his intention to raise an issue with the mayor's service;he simply was noting TIGARD CITY COUNCIL MEETING MINUTES- MAY 8, 2012 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 972231503-639-41711 www.tigard-or.gov Page 2 of 7 the problems with perception by members in the community as a result of the Charter language in this area. • City Attorney Ramis read the sentence in the Charter regarding term limitations: "These limitations do not apply to the filling of an unexpired term." The Charter does not specify a differentiation if an unexpired term is filled by an appointment or by an election. This is a point of debate ultimately up to the Council to interpret. Councilor Henderson reiterated his only concern is with clarifying the intent. • Council President Buehner said it might be time to have a Charter review overall. • Councilor Woodard commented on the time commitment required for the individual serving as mayor. He spoke to keeping continuity and to look for an individual to serve as mayor who could contribute the time required. He said he thought Councilor Henderson could make such a contribution and said he also thought Councilor Wilson would do a fine job as mayor if he could meet the time-commitment requirements. • Mayor Dirksen concluded saying the purpose of the discussion tonight was to hear what everyone's thoughts were regarding the probable two-year vacancy in the office of mayor. This matter will be taken up by the council for consideration at a future council meeting. The following items were reviewed: B. Administrative Items • Council Calendar o May 14,2012- Budget Committee Meeting-Public Works Auditorium, 6:30 p.m. o May 15 2012 - City Council-Town Hall-Workshop Meeting- 6:30 p.m. o May 22, 2012-Joint Meeting with Lake Oswego at Lake Oswego, 380 A Avenue; 5:30 p.m. dinner,6:30 p.m.Joint Meeting o May 24, 2012-Clean Water Services Tour of Durham Plant-6-8 p.m. o June 12, 2012 - City Council-Town Hall- Study Session/Business Meeting- 6:30/7:30 p.m. o June 19, 2012- City Council-Town Hall-Workshop Meeting- 6:30 p.m. o June 24,2012- City Council-Town Hall- Study Session/Business Meeting- 6:30/7:30 p.m. • EXECUTIVE SESSION: Not held. TIGARD CITY COUNCIL MEETING MINUTES- MAY 8,2012 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 3 of 7 AIS-3557 A. Business Meeting Meeting Date: 06/26/2018 Length (in minutes): 30 Minutes Agenda Title: CONSIDER CITY COUNCIL VACANCY Prepared For: Marty Wine, City Management Submitted By: Marty Wine, City J Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. Public Hearing: No Publication Date: Information ISSUE How will the City Council choose to fill the Council vacancy that will result from the resignation submitted by Council President Jason Snider effective December 27, 2018? STAFF RECOMMENDATION / ACTION REQUEST This is an item for Council discussion. No action is requested. KEY FACTS AND INFORMATION SUMMARY On June 4, 2018 the City received notification of Council President Jason Snider's irrevocable resignation effective December 27, 2018. The resignation was submitted in accordance with Tigard City Charter Chapter III, Section 7, which states in part, "No person who is serving as Mayor or councilor shall become a candidate for any City office for a term which would be concurrent with the term in office then held unless that person first submits a written resignation from the then current office at the time of filing for the other office." Council President Snider filed for the office of Mayor at the time he submitted his resignation. City Attorney Rihala has provided a memo to the City Council regarding the options for filling the remainder of Councilor Snider's term. Council may choose election or appointment as an option to fill the vacancy. Council will need to take action in a public meeting to determine which course it chooses. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS City of Tigard Charter - Chapter IIl, Section 7 and 8 TMC 2.40.030(1) and (3) DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time this matter has been considered by the City Council. Attachments City Attv Memo Elections Letter of Resignation from Council President Snider " City of Tigard TIGARD Memorandum To: City Council From: Shelby Rihala Re: Council and Mayoral Elections Date: June 4, 2018 The purpose of this memo is to respond to questions regarding the City's Charter and Code requirements related to elections for Mayor and Council. It also provides historical context about how past Councils have dealt with similar circumstances. I. Resignation Requirement Section 7 of the City's Charter states, "No person who is serving as Mayor or councilor shall become a candidate for any City office for a term which would be concurrent with the term in office then held unless that person first submits a written resignation from the then current office at the time of filing for the other office." The resignation may not be withdrawn,but it may be effective at a later date, so long as the date is prior to the start of the term for which that person is running as a candidate. In other words,because the next Mayor's term will start January 1, 2019, the resignation of any Councilor running for Mayor will need be effective on or before December 31, 2018. According to the Charter, the resignation must be submitted "at the time of filing for the other office." The Charter does not define what constitutes "filing." TMC Chapter 2.40 provides some guidance,but it is internally conflicting. Section 2.40.030(1) reiterates the Charter's language and provides that any Councilperson filing for Mayor must submit a resignation "at the time of filing." However, Section 2.40.030(3) provides a slightly different timeline. The Code requires a person filing for office with the City to submit a petition to the City Recorder, along with a fee. The City Recorder then verifies the signatures and provides a form to the nominee stating that the correct number of signatures have been submitted and are valid. In TMC 2.40.030(3), the Code provides that the nominee has five days after receiving that form from the City Recorder to accept or decline the nomination and, "if the nominee is a councilperson whose term would be concurrent with that of Mayor, the nominee shall submit a letter of resignation as required by the Charter." Like the Charter, the Code does not define what "filing" means. The closest explanation seems to be in TMC 2.40.010(3) which says that the nominee must pay the fee "at the time of filing the completed nomination petition form with the City Recorder." Thus,it appears that"filing" means providing the completed petition to the City Recorder along with paying the fee,not receiving verification of the signatures and not accepting the nomination. A Councilor filing for Mayor must therefore submit his resignation at the time he turns in his completed nominating petition to the City Recorder and pays the fee. The effective date of the resignation may be as late as December 31,2018. II. Filling Vacancy With the vacancy of Councilor Snider's seat, effective December 27,2018, Council will have several options for filling that seat. Council will need to take action in a public meeting to determine which course it chooses. The options are: 1. Special Election Section 7 of the Charter provides, "In the event the office of Mayor or councilor becomes vacant before the normal expiration of its term a special election may be held at the next available date to fill the office for the unexpired term." Tigard Council has historically focused on the use of the word "may" instead of"shall" and determined that holding a special election is an option,but not a required option. Pursuant to state law,if the City holds a special election,it bears the entire cost of that election. 2. Appointment The Charter also gives the option that, "The Council may appoint a person to fill a vacancy until an election can be held." It does not provide any further details,including how long the appointee may serve. However,past Tigard Councils have not appointed a person for longer than one year. For example: • Jim Griffith was appointed to serve as Mayor from Sept 12, 2000 to the March 2001 election, following the death of Mayor Nicoll in June 2000. Mayor Griffith ran in a special election in March 2001 to finish the remainder of the term, through December 2002. • Craig Dirksen was appointed as Mayor to serve from January 13,2004 until December 31, 2004, following the death of Mayor Griffith in November 2003. Mayor Dirksen was elected in November 2004 to fill the remainder of the term, through December 2006. • Tom Woodruff was appointed as Councilor in February 2004 to the November 2004 election, following the appointment of Craig Dirksen to Mayor in January 2004. Councilor Woodruff was then elected in November 2004 for a full four-year term,January 2005 through December 2008. A review of Council minutes and discussions surrounding these past vacancies showed a general preference to not fill an unexpired term longer than one year by appointment. However, this is a policy decision and past Council preference does not bind the current Council. Council may fill the vacancy by appointment at any time following December 27, 2018, for any length of time, including filling the remainder of the term, through December 31, 2020. 3. November 2018 General Election Oregon law defines a general election as the election held on the first Tuesday after the first Monday in November of each even-numbered year. A primary election is the third Tuesday in May of each even-numbered year,per ORS 254.056. Any election that is not a primary or general election is a special election. The next non-special election opportunity following the submittal of the resignation will be the November 2018 general election. Therefore, Council could elect to advertise the vacant seat for the November election, to fill the remainder of the unexpired term. The November 2018 ballot would therefore include: • The election of two Councilors to fill two,4-year terms. • The election of one Councilor to fill the remaining 2 years of Councilor Snider's unexpired term. Candidates would need to indicate for which seat they were running at the time of filing. Mr. Jason Snider 15588 S.W.76"'Avenue Tigard,OR 97224 (503)443-4949 June 4,2018 City of Tigard Attn:Carol Krager,City Recorder 13125 SW Hall Blvd. Tigard,OR 97224 Dear Carol, As you know, I have announced that I am running for Mayor of Tigard in the November 2018 General Election. I have completed my filing paperwork to run today. This letter shall serve as formal notice that I irrevocably resign as a Tigard City Councilor effective December 27,2018 so I can run for mayor. cere � - - •n Snider Cc: Marty Wine,City Manger John Cook,Mayor Marc Woodard,City Councilor John Goodhouse,City Councilor Tom Anderson, City Councilor SUPPLEMENTAL PACKET FOR APRIL 5, 2022 (Read by Council President Lueb at the beginning of Agenda Item 6) I want to thank our Tigard community members who have provided input and their thoughts on our charter interpretation. I also want to welcome those who have been following along and are tuning in today to listen to our discussion. I'd like to thank our Tigard teammates for all of the background information they've been able to compile, including previous council discussions and a history of the elections and appointments to the Council over the years. I want to emphasize that we are not changing what is written in the Tigard Charter. Changes to the Charter can only be done by a successful vote of Tigard residents. We are here today because questions were asked in regards to the application of the Charter as written. When there is ambiguity in the Charter, Oregon law charges the Council to clarify that ambiguity. After reaching out and asking for input, we're here today to discuss those questions. It is my hope that we treat this discussion and this interpretation much like we do our land use hearings, which is to make this a quasi-judicial discussion. Whereas the Charter is the criteria for the discussion and we are to apply that criteria to the questions at hand. Our conversation needs to stay focused on the interpretation of the charter and if there is deviation from that discussion I will ask you to come back to the topic at hand. Before we begin, I also want to point out that we don't have to come to any conclusions today, there is ample time in the next several agendas to have additional discussions if we want to ask for additional information, or just take some time to think about what we've heard. I'd like us to address one topic or sub-question at a time. As a refresher, the questions at hand are: 1. What is the meaning of"consecutive years?" Does it mean service for a full year? Is it acceptable to have a break in service to reset the consecutive years calculation? If able to have a break in service, how much of a break is needed? 2. Does the final sentence in Section 7 apply regardless of whether the unexpired term was filled by election or appointment? With all of that, I'd like us to start with the last question because it feels the most straightforward. I'll go ahead and read the section of the charter and then ask the question again: The elective officers of the City shall be a Mayor and four councilors who together shall constitute the City Council. At the general election held in 1990, and every fourth year thereafter, a Mayor shall be elected for a term of four years.No councilor shall serve the City as councilor for more than eight consecutive years, nor shall the Mayor serve as Mayor for more than eight consecutive years. In no case shall any person serve on the City Council for more than twelve consecutive years. These limitations do not apply to the filling of an unexpired term. Does the final sentence in Section 7 apply regardless of whether the unexpired term was filled by election or appointment? There were 18 respondents who said no, and 76 who said yes. And with that I'd like to open it up to the council for discussion.