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City Council Minutes - 11/22/2016 City o f Tigard Tigard City Council Meeting Minutes TIGARD November 22, 2016 STUDY SESSION CITY ATTORNEY INTERVIEWS—6:00 p.m. Council Present: Mayor Cook,Councilor Woodard,Councilor Henderson,Council President Snider and Councilor Goodhouse Staff Present: Senior Management Analyst Wyatt and Assistant City Manager Newton Council interviewed the firms of Beery Elsner&Hammond,LLP;and Jordan Ramis I@ 1. BUSINESS MEETING A. At 7: 39 p.m. Mayor Cook called the City Council and Local Contract Review Board meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items -None 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. TIGARD CITY COUNCIL MEETING MINUTES —November 22, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 10 B. Tigard High School Student Envoy—Associated Student Body Activities Director Taylor Smith gave a report to the Tigard City Council on THS events. The homecoming parade and dance were held in October with over 800 students attending the dance.A Halloween trick or treating event was held for community families and received good attendance. Over 70 veterans came to the annual veterans'breakfast and assembly. The Tigerette dance team is undefeated this fall and has championship contests this weekend.The color guard and band have also had a successful season and the boys cross country team qualified for State. Open Table was held featuring food from several different countries and encouraging understanding of other cultures. The football team will play Central Catholic in the semi- finals on November 25. 0 C. Tigard Area Chamber of Commerce CEO Debi Mollahan updated council on chamber events. The Leadership Tigard November class focused on human needs and connected with agencies serving the community such as Community Partners for Affordable Housing (CPAH),Good Neighbor Center,and St.Anthony's severe weather shelter. The Leadership Tigard group is considering what they wish to do for their community project. Next month will feature Business and Economy Day and Economic Development Manager Purdy will help lead that session. The Tigard Downtown Alliance is hosting the annual tree lighting event on December 2. She thanked the city for the new lights. She noted for the community that this year's assembly area to view the lighting will be in the Rite Aid parking lot. 10 D. Citizen Communication—Brian Borello, 5660 N. Greeley Avenue,Portland, OR 97271, said he is grateful and proud to be the artist of the Main Street gateway sculptures and is hoping to get them presented in the best possible manner. He distributed copies of photos and email correspondence with staff regarding the appearance of the concrete bases and noted he has been asking for larger plantings which would hide the exposed concrete, particularly at the south-end sculpture. His original design was not followed. He said staff offered three solutions,allowing another growing season for the plants to reach their potential,adding mulch around the bases or painting the concrete bases black or brown. He said none of these solutions is adequate to him and he would like to see more plantings. Council President Snider asked for clarification that the bases are still necessary;it is the aesthetics that need to be addressed. 3. CONSENT AGENDA: (Tigard City Council) A. APPROVE CITY COUNCIL MINUTES: • October 18,2016 • October 25,2016 B. PROCLAIM NOVEMBER 26,2016 AS SMALL BUSINESS SATURDAY TIGARD CITY COUNCIL MEETING MINUTES —November 22, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 2 of 10 Councilor Woodard moved to approve the Consent Agenda as presented. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ 4. DISCUSSION ON THE COUNCIL GOAL TO PROVIDE RECREATIONAL OPPORTUNITIES FOR TIGARD RESIDENTS EDSenior Management Analyst Wyatt gave the staff report for this follow-up to a council discussion in August. He noted that council heard at the November 15 workshop meeting the importance of a recreation program for livability in Tigard. A council goal has been to explore potential partnerships. He responded to six key topics that were requested by council at the August 16 meeting. 1. Status of Wilsonville ballot measure for a proposed aquatics and recreation center. Wilsonville's proposed measure failed in the November 8,2016 election.Their staff reported that they do not envision this going back to a vote. Mayor Cook said the City of Gresham's measure also failed. 2. Explore Partnership Opportunities with the City of Tualatin A discussion was held regarding the proposed Atfalati Recreation District which was defeated on the ballot in 2000. In 2008 Tualatin voters rejected a$49.4 million parks bond. Tualatin is willing to explore potential partnerships including revisiting the parks district or more informal programs with our parks and recreation staff. 3. Provide the Latest Information on Sherwood and the YMCA Sherwood indicated that 2017 is their decision point on an operator. They are willing to consider some sort of partnership with Tigard. 4. Examine partnerships with For-profit Providers The City of Tigard's recreation staff is currently having discussions with Skyhawks Soccer and Mad Science. The for-profit partnerships are scheduled to be looked at in year two or three of the recreation program. There has been talk about for-profit providers for a community recreation center such as the Kroc Center in Salem. TIGARD CITY COUNCIL MEETING MINUTES—November 22, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 3 of 10 5. How much do residents pay for recreation in Tigard? A Tigard household pays approximately$58 per year in property tax that goes towards the city's parks and recreation budget. The parks and rec fee is $45 a year so it is around$100 annually. Some funding is expected to increase as the city develops more of a recreation program. This brings up a question about what residents would save if Tigard joined THPRD. 6. Explore a Recreation Provider Task Force. Council heard from PRAB and suggested looking at a Recreation Advisory Board. Council wants to avoid overlap. Council President Snider asked if we could adjust what PRAB does to include this. Mayor Cook said council does not take lightly adding another committee. They require not only staff hours but council liaison time. He said the Bike/Pedestrian Sub-committee of the Transportation Advisory Committee is a great example of a successful and passionate sub- committee. Councilor Woodard noted that PRAB is also focused on things like parks and heritage trees, for example,but the necessary expertise for a recreation board probably exists right now on the PRAB. He said,"They've earned a shot at this." He agreed with the mayor on sub-committees and said an expert could come in and assist the group. Council President Snider urged the city to continue combining things with the City of Tualatin. He said he did not think there needed to be a special district but if so;it might be easier with two communities rather than one. Councilor Goodhouse agreed with keeping a focus on partnering with Tualatin because we already share a border,trails and the school district,and are considering joining them to become a Blue Zone community. Mayor Cook commented on the Tualatin Hills Park and Recreation District and said THPRD is an exceptional model but is expensive. One aspect that people do not realize is that their members pay $1.62 in taxes where Tigard residents are paying.45 cents. He likes that staff is meeting with them and doing their due diligence. He said he is favorable to building partnerships with Sherwood, Tualatin and the Tigard-Tualatin School District to use empty school buildings and fields during the summer months. Council President Snider reminded everyone that a special service district for aquatics is already in place and there would be legal issues since there cannot be another district doing the same thing. He noted that if the city wants to add pools to a recreation center someday,this will need to be considered. Councilor Goodhouse suggested taking baby steps and exploring partnerships rather than asking voters now to take on something big. He said that may be a plan for ten years from now. He said if the decision is made to partner with Tualatin we should consider the possibility of sharing a person to leverage our parks or joint recreation programs. TIGARD CITY COUNCIL MEETING MINUTES—November 22, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 4 of 10 Mayor Cook said the city needs to make sure the MIG Recreation Study five-year plan is followed. Councilor Woodard said this is a perfect time (second year) to start a recreation advisory committee. He agreed that if PRAB takes this on they should attend the Budget Committee hearings. Senior Management Analyst Wyatt said he heard that council wants to continue conversations about engagement with other communities and also to create a PRAB Sub-committee on Recreation. 5. LOCAL CONTRACT REVIEW BOARD DISCUSSION OF UPCOMING CONTRACTS Senior Management Analyst Barrett updated the LCRB on three upcoming contracts for banking services,prosecutorial attorney services and virtual desktop infrastructure (VDI). LCRB direction was sought on any additional information they would like to see in preparation for awarding the contracts. Senior Management Analyst Barrett said staff is asking the LCRB for permission to allow the use of the City of Salem's Request for Proposals (RFP) and subsequent contract and approval of new banking services with US Bank. The contract is for one year with four one-year extensions. The current banking services contract is with US Bank and the city has been pleased with their service. The contract includes general checking,merchant services and lock box services. Council President Snider asked if there was something like the CIS (City/County Insurance Services) for banking contracts and said if there was it would probably save cities money. Mr. Barrett said there was only one response to an RFP for the city prosecutorial attorney.Larry J. Blake has been the city's prosecutor for many years and staff recommends awarding this contract to him. Mayor Cook clarified that the proposed fees are the same as the current fees. IT Manager Nolop spoke to council about the Virtual Desktop Infrastructure (VDI) purchase. He gave some background and said the city's IT Department was tasked with replacing more than 250 computers that are five years old or older. A budget of$249,000 was added to the IT budget. He said the physical desktop replacement model is problematic with current IT staffing levels and they looked at the best way to utilize the budget. Desktop computer maintenance and over 6,109 types and versions of software require several fulltime staff to maintain. Mr. Nolop said VDI puts the computer power in the data center and is delivered to the end users through the network to any device with a network connection regardless of physical location. Instead of buying 250 computers VDI could handle the licensing of 400 devices,allowing almost a complete refresh of the city's system. Council President Snider asked how much each box costs and what the reliability is and Mr. Nolop said the boxes cost$150 up to $350 and said the technology is reemerging. Ten years ago the technology was new but now more and more government agencies are going to this system. He said all the current servers are virtual and the city has been virtualizing data services for several years. Councilor Henderson asked if the current computer equipment will be resold. IT Manager Nolop said they will not be replaced until they burn out.He said they will be kept running. He noted that council's computers at the dais are nine years old but may run for another nine. Council President TIGARD CITY COUNCIL MEETING MINUTES —November 22, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 5 of 10 Snider requested that they be replaced by then. He said this system works well when everything is normal in the operations but wanted to know what Mr. Nolop was planning when the city is full of dummy terminals and a contractor cuts through fiber by mistake,or the power to the server room dies. IT Manager Nolop said that would be dealt with through a disaster recovery program. In response to a question from Council President Snider,Mr. Nolop said work is being done on this. Councilor Goodhouse asked if time or money would be saved if an IT staff person does not have to work on an individual computer and can take care of things centrally. Mr. Nolop said it will reduce staff time not to be hardware specific. Updates can be distributed to everyone at the same time and the numerous versions of software can be standardized. Senior Management Analyst Barrett said $249,000 is in the budget and the quote is $289,000 but if purchased by the end of December there will be a$49,000 discount. Council agreed that all three contracts may go on a future consent agenda. 6. CONTINUED DISCUSSION ON DEFINING THE CITY'S ROLE IN HOMELESSNESS Senior Management Analyst Wyatt led a discussion with council on defining the City of Tigard's role in addressing homelessness.At the September 20 council meeting, staff presented information on resources currently being devoted to homelessness and opportunities for council to consider when defining the city's role. Additional information was requested by council and Mr. Wyatt addressed this with a PowerPoint. Highlights include: • Create a Task Force—how to make this not just another committee but a substantive group that will meet for two months and bring forth short and long term recommendations for actions that are within the council's scope of authority to implement and help the council develop their role in addressing homelessness.There are many people who want to participate on this task force. • Research City of Eugene's approach—Officers Orth and Wakem spent a day in Eugene studying their approach. Information on their Community Outreach Team is included in the packet for this meeting. If Tigard was to lose Officers Wakem and Orth there should be a structure in place so staff continuing efforts with the homeless would know how to carry it forward. • Provide a Post Office Box—Through discussions with Just Compassion it was learned that having a post office box address is helpful to homeless individuals.The cost for a box at the downtown Tigard Post Office would be only$90-100 annually and Just Compassion has asked if the city is interested in funding this. • Developing the Council Goal on Homelessness—Councilor Woodard mentioned that addressing homelessness should remain a council priority. Council will hold their Goal Setting meeting on December 15. Staff can provide information needed for this discussion. Senior Management Analyst Wyatt said the Tigard-Tualatin School District is talking about bringing the "Family Promise" program to the Tigard community. Family Promise is non-profit homeless shelter program for families with children, supported by volunteers and faith communities who TIGARD CITY COUNCIL MEETING MINUTES—November 22, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 6 of 10 promise to help families return to a home of their own. Cities are required to have a day center in order to participate in the program. Mr. Wyatt highlighted recommendations from the quarterly Community Roundtable. They included: 1. Using vacant commercial buildings for temporary shelters 2. Making post office boxes available 3. Cooperating with other cities. 4. Permitting small dwellings to be built 5. Changing zoning to support affordable housing 6. Paying overtime for police,$55 an hour in overtime,as a short-term option,or hiring a full- or part-time person. Officer Orth said there is a backlog in some of their proactive work with Tigard's homeless population. Council asked questions about the mail box logistics and whether a government agency might prevent many people from getting their benefits and other mail sent to the same address. Mr. Wyatt said he will discuss these details with Just Compassion. Councilor Woodard noted that the city needs to be proactive and the goal should be defined. He said there are increased camps and panhandling activities. He liked the idea of a task force but there is a need to develop a goal. He asked where a designated area for homeless people would be and how it could be subsidized. He sees the need as task force coordination,providing a post office box, and providing van service to go out and talk with those needing assistance. Council President Snider said he supported the task force and the idea of providing a mailbox and suggested contacting benefit agencies in advance so they are not alarmed by numerous people using the same address. He said the city needs help and does not have expertise in this area. He proposed that a medium-to long-range solution would be for the Tigard Police Department to hire a part- time social worker. This would provide the right level of skill and is efficient because we could afford a social worker for what is now being paid for police overtime. Councilor Goodhouse asked how long the task force would be active and Mr.Wyatt proposed a two-month timeframe for the task force to develop recommendations and then present them to council in February or March. Mayor Cook suggested a"deep roster" on the task force and said while he liked the shorter timeline he did not think early January 4 was a good kickoff date. Council President Snider requested that a TVF&R representative be included on the task force. Councilor Henderson said,"We are in year eight of a ten-year plan to end homelessness in Washington County. It increases between six and ten percent each year. We spent most of our time thinking about maintenance of the homeless and not ending homelessness. The problem is lack of homes." He said mental and physical health issues as well as other kinds of tragedies are involved and need to be considered. TIGARD CITY COUNCIL MEETING MINUTES —November 22, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 10 Mr.Wyatt said there is an amazing number of people wanting to participate on the task force. Mayor Cook said Tigard is not Salt Lake,Eugene or Portland and does not have the staff or the dollars. He asked that staff and the task force look at what cities with a population of 50,000 or less do without having money in their budget. He added that Tigard has eight percent of Washington County's population and eight percent of the county's homeless and this has been the status quo. Councilor Woodard said he would like to know if the Max orange line impacted safety in Milwaukie when it came on line and asked staff to get statistics from their police department. He said his biggest concern about high capacity transit is safety and wondered how many more transients will come to Tigard on transit. In response to a question from Councilor Woodard on the commitment required for participating in Family Promise,Mr.Wyatt said it is for homeless families and TTSD is interested in housing it within Tigard or Tualatin. There would be a headquarters and he noted church members commit to take in homeless families. 7. CONSIDER APPROVAL OF TWO UTILITY BILLING PAYMENT PLANS Utility Billing Supervisor Blecker gave the staff report on this agenda item. He said council was being asked to approve one payment plan and authorize staff to negotiate a payment plan with a second customer. In mid-October staff discovered two sewer-only accounts in arrears in excess of $10,000. The Tigard Municipal Code requires council approval of payment plans above$10,000. Mr. Blecker said he contacted a customer with a$45,000 sewer account in arrears and he was willing to participate in a payment plan by adding$5,000 when paying his current sewer bill monthly until the amount is paid off. Mayor Cook asked,"If$10,000 is the litmus test,how does anyone get to $44,000?"He asked what the average sewer only monthly bill is and Mr.Blecker said the owner has two multi-family residential buildings and his average bill is$5,400.The current owner purchased the property last year. Prior to that the account had been turned over to the city's former collection agency,which was unable to locate the old owner. When staff tracked down the new owner they found he was unaware of the previous bill. Mayor Cook said he was glad to hear the collection agency described as "former." Council President Snider asked why,if they collected the money from their renters,would they need a payment plan. He asked who took the money the former owner collected from their renters for utilities. He said most multi-family residential building owners contract out billing to a third-party service and someone should have noticed. Mr. Blecker said the customer asked if the city would accept$30,000 instead of$45,000 and he would not approve that. He said the customer was very forthcoming and admitted he did not realize what had happened before he purchased the building. He has already paid $10,000 towards the bill in arrears. Councilor Woodard asked if this scenario has occurred before. Mr. Blecker said not that he knew of. Council President Snider asked if the TMC allows a lien to be placed on a property. Mr.Blecker said the code allows alien but Washington County is not in favor of supporting any tax liens. City Attorney Rihala clarified that utility billing debts are debts against a person and not property so you cannot lien the property. Council President Snider said we should change the code. TIGARD CITY COUNCIL MEETING MINUTES — November 22, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 8 of 10 Mayor Cook concurred with Mr. Blecker and said he would rather have $45,000 over time instead of $30,000 at one time but suggested attorneys prepare a strong promissory note to go along with the agreement. Mr. Blecker said he had one prepared to send to the city attorney for approval. Councilor Woodard moved to approve the payment plan for Account#014915-000,multi-family dwelling, for$44,000. Councilor Goodhouse seconded the motion. Council President Snider said he did not like the level of due diligence in this matter. Mayor Cook said he agrees that the money went somewhere but often owners do not follow the financials and the property management company should have seen this as they budget and compare expenses. He asked Mr.Blecker about the additional$5,000 paid and he said the total amount is $31,564. Mayor Cook asked Finance and Information Services Director LaFrance if the city charges interest. Mr. LaFrance said he did not recall charging interest and there have been very few accounts where the amount due has reached this level. Councilor Goodhouse asked,"If there are no penalties or charges,what is keeping someone from not paying their bill and using it as a cheap loan." Mr.LaFrance said there are late fees and are included in the amount owed. These are a fixed fee adopted in the fees and charges schedule. Mayor Cook suggested a future discussion and when staff sees an amount owed nearing$10,000 they need to get involved right away. Mr. Blecker said staff is looking into things they can do and has also hired a new collection agency. Mayor Cook conducted a vote on the first motion. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Council President Snider moved for approval of a payment plan for Account No. #014915-000, multi-family dwelling, for$31,564 with a payment of at least$5,000 per month. Councilor Goodhouse seconded the motion and Mayor Cook conducted a vote. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ The motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES —November 22, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 9 of 10 Mr. Blecker said the owner of Account#0141099-002 lives in San Francisco and is out of the country until February.The people Mr. Blecker contacted are reluctant to act on the owner's behalf. He said the amount of$22,000 is eleven month's worth of charges yet they are paying the current monthly amount. Council President Snider asked if the sewer can be shut off and Mr. Blecker said the Public Works Department said they were hesitant to dig up a sewer line and cap it. Council President Snider asked for the payment history and Mr. Blecker said they may be a new owner. Until he can talk to the property owner he does not know why the former balance for this commercial property was not paid. Mr. LaFrance said if council wants to wait until staff has caught up with the owner,talked to them and come up with a payment plan for approval, staff can return for approval at a future date. Or,he said,council could delegate authority to staff with the construct that they take the amount in arrears and create a payment plan that will take care of it within a twelve-month period. Mr. Blecker said when the payments started coming in on time his research showed that they have a new management company so his impression is that this owner may be new but this in unverified. Councilor Goodhouse asked if council could move ahead with a payment plan tonight and tack it onto the next bill. City Attorney Rihala said the issue with that is that a payment plan is a voluntary agreement and the city cannot impose a voluntary agreement. Councilor Woodard said he was in favor of staff following up on this and coming up with a payment plan. 8. NON AGENDA ITEMS None. 9. EXECUTIVE SESSION None. 10. ADJOURNMENT At 9:39 p.m. Council President Snider motioned for adjournment. Councilor Goodhouse seconded the motion and it passed unanimously. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Carol A. Krager,City Recorder Attes �L& John L. o k,Mayor a om Date TIGARD CITY COUNCIL MEETING MINUTES—November 22, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 10 of 10