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City Council Minutes - 01/02/2018 41 Cites Tigard Tigard City Council Meeting Minutes January 2, 2018 1. BUSINESS MEETING 6:30 p.m. A. At 6:33 p.m. Mayor Cook called the meeting to order. B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Councilor Anderson Mayor Cook Councilor Goodhouse Council President Snider Councilor Woodard 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—There were none. 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) A. Follow-up to Previous Citizen Communication—There was none. B. Citizen Communication—Sign-up Sheet. —No one signed up to speak. 3. CONSENT AGENDA: (Tigard City Council and Town Center Development Agency) A. CONSIDER RESOLUTION WAIVING TEMPORARY SIGN PERMIT FEES FOR SOUTHWEST METRO BABE RUTH BASEBALL Resolution No. 18-01 -A RESOLUTION WAIVING$256 IN TEMPORARY SIGN PERMIT FEES FOR SOUTHWEST METRO BABE RUTH BASEBALL B. APPROVE CITY COUNCIL MINUTES: a. October 17, 2017 b. October 24, 2017 c. November 14,2017 TIGARD CITY COUNCIL MINUTES —January 2, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 1 of 6 Councilor Woodard moved to approve the consent agenda as presented and Council President Snider seconded the motion. Motion passed by a unanimous vote. Name Yes No Councilor Anderson Mayor Cook Councilor Goodhouse Council President Snider Councilor Woodard 4. APPOINTMENT OF TIGARD TRANSPORTATION ADVISORY MEMBERS Senior Transportation Planner Brown gave the staff report. In attendance were Ruth Harshfield and Eric Halstead. Councilor Woodard moved to approve Resolution No. 18-02 and Council President Snider seconded the motion. Motion passed by a unanimous vote. Resolution No. 18-02—A RESOLUTION REAPPOINTING CANDI CORNILS,BEN GOOLEY AND ERIK HALSTEAD AS VOTING MEMBERS OF THE TIGARD TRANSPORTATION ADVISORY COMMITTEE,AND REAPPOINTING GEORGE BRANDT AND APPOINTING CARL FISHER AND RUTH HARSHFIELD AS NON- VOTING ALTERNATE MEMBERS Name Yes No Councilor Anderson Mayor Cook 1� Councilor Goodhouse Council President Snider Councilor Woodard 5. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENTS TO TMC CHAPTERS 10.28 PARKING AND 7.60 ABANDONED VEHICLES A. Mayor Cook opened the public hearing. B. Hearing Procedures—Mayor Cook announced that anyone may offer testimony and asked those interested in testifying to sign up to speak. C. Staff Report- Senior Transportation Planner Brown&Commander McDonald gave the staff report. Mr. Brown said this was a continuation from the December 5 meeting and addressed the issues and concerns from the last meeting. Commander McDonald asked council if there was anything specific they would like addressed. He said this revised version includes washing TIGARD CITY COUNCIL MINUTES —January 2, 2018 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov Page 2 of 6 a vehicle on the street as a violation. Additionally, staff adjusted fines per the state statute and clarified sections so they are consistent with state law and current practices. Mayor Cook asked if it references state statute or a specific dollar amount. Commander McDonald said it allows council to make adjustments in the Master Fees Schedule. Councilor Goodhouse said he preferred referencing the state statute. Mr. Brown responded that Exhibit C of their packet,Master Fees and Charges Schedule addresses this. Councilor Goodhouse asked about the abandoned vehicle change. Commander McDonald said they changed the language to 24-hours for removal of abandoned vehicles,unless staff determines the vehicle creates a hazard,and staff could remove the vehicle immediately. In addition,they are no longer required to send out a certified letter to the vehicle owner. Council President Snider asked if the maximum bail is set for illegal handicap parking because the city references the state ORS. City Attorney Rihala replied yes,it is in the code that the city cites "as pursuant to ORS" for whatever the motor vehicle code is,and that is the basis for the fine. Mayor Cook asked if the code was simplified and certain sections more defined. Commander McDonald said they combined storage of vehicles and abandoned vehicles together under Tigard Municipal Code (IMC) 7.60. He said storing a vehicle is defined as parking a vehicle on the street for a period-of-time. In the proposed language, staff recommends changing the time limit to 72 hours;meaning that if someone parked their car on city streets on a Friday and did not move it until Monday morning when they left for work, they would not be in violation. He explained that abandoned vehicles would fall under the 24-hour timeframe and after that,it could be towed. Commander McDonald said they tried to find a good middle ground. Senior Transportation Planner Brown read testimony from people who sent letters into staff regarding this issue. D. Public Testimony—Mayor Cook called upon those who signed up to testify. Michael Brewin, 11225 SW Morgen Court,Tigard, OR 97223, said that like Tigard,Portland and Oregon City have a 24-hour parking limit on street storage of motor vehicles, and in addition,Portland, Oregon City and Milwaukie have strict standards regarding recreation vehicles. Mr. Brewin recommended Tigard adopt the same 24-hour maximum time. He said that over the years, city neighborhoods with curbs have been negatively impacted by vehicle storage, as well as other neighborhoods such as Summerfield with policies in place that already restrict such activity. He said neighborhoods should be protected similarly as the downtown area. Mr. Brewin discussed the material he presented council. He suggested tier levels, retaining section D regarding storage in Chapter 10.28,prohibiting recreational vehicle parking on the street, changing recreational vehicle language to travel trailer,language changes to unattached trailers,prohibiting continuous parking for 48-hours, adding language TIGARD CITY COUNCIL MINUTES -January 2, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 3 of 6 prohibiting electrical hook-ups and hoses, and said it is important to define what a camper is. He said Tigard is more flexible in what they allow than the City of Portland, Oregon City and Milwaukie and urged council to keep the 24-hour timeframe for stored vehicles. Robert VanVlack, 15585 SW 109`''Avenue,Tigard, OR, 97223, said there is a problem in Summerfield with people storing stretch vans for long periods-of-time,being noticed then moving to a new location. He asked if this revision would help limit the timeframe on situations like this. E. Response to testimony by staff Commander McDonald replied to Mr. Van Vlack and said that currently the code requires staff to send a certified letter to the owner of the vehicle before any action can be taken. He said staff is proposing replacing this requirement with allowing staff to respond within 24 hours,making it easier and more efficient for staff to remove these vehicles and address chronic problems. Commander McDonald replied to Mr. Brewin regarding his suggestion of changing the parking hours from 9:00 p.m. to 7:00 a.m.vs the city's language of 12:00 a.m. to 6:00 a.m. He explained staff has not seen an issue with the current hours and keeping the current language and hours is easier for staff to address. Mayor Cook stated that as a citizen who stores his recreational vehicle offsite and then parks it on his street while he gets ready to use it; can sometimes be after 9:00 p.m. before it is moved. He said the current language seems to be more in line with reality. He told Mr. Brewin he understands his concern, however,if staff does not feel this is an issue, then he would have to agree to keep the current language. Mayor Cook asked Commander McDonald to respond to Mr. Brewin's suggestion of lowering the timeframe on storage of vehicles from 72 hours to 24 hours and to share staffs thought on this. Commander McDonald said they looked at what other communities do regarding storage of vehicles,and staff landed on 72 hours because staff feels it is a reasonable and fair amount of time. He said with the exception of Beaverton who has a 24-hour timeframe, all the other cities surrounding Tigard allow 72 hours and staff thought 24 hours might be too restrictive. Commander McDonald explained that if someone parked their vehicle after work on Friday and did not move it until they left for work on Monday,under the 24-hour timeframe they would be in violation. Council President Snider said if they take the 24-hour standard as suggested by Mr. Brewin, then a vehicle parked at 5:00 p.m. on Friday would be in violation if it remained in the same spot until 5:01 p.m. Saturday. Commander McDonald replied yes. Mayor Cook asked Commander McDonald to talk about the camper vs recreational vehicle language. Commander McDonald explained that in the ORS,which is referenced in Section 8.01 of the City Code,it states that a camper is something that can be attached or mounted TIGARD CITY COUNCIL MINUTES —January 2, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 4 of 6 on top of a vehicle for use, and in the proposed language,if a camper is detached and left they could have it there for a ten day period. He said though he has not seen this occur in the city,it probably does, but regardless of the number of days it is there, staff considers this to be a hazard, and staff can request the owner move it or the city could have it removed. He said it is a fine line, but if it does encroach into the lane of travel,it is a hazard. Commander McDonald replied to the question regarding the use of public utilities. He said in section 10.28.030(c),it states that no feature of a vehicle may create a hazard to pedestrian traffic,including and not limited to. He said this is important language to have. He gave the example of someone who has a tripping hazard, such as a sewer pipe or electrical cord going across the sidewalk and that that would create a hazard to pedestrian traffic and therefore under this language,would be a violation. F. Mayor Cook closed the public hearing. G. Council Discussion and Consideration—Ordinance No. 18-01 and Resolution No. 18-03. Council President Snider said being a councilor requires balancing and making judgements and it is difficult to say that everyone in the city must do something. He said he is prepared to move forward as proposed. Councilor Woodard stated the proposed changes look good to him and that most people are respectful. He said his concerns for safety were addressed, and he understands it is difficult to address everything. He thanked Mr. Brewin for his time and effort. Councilor Goodhouse said these are good changes and allow for more flexibility in some of the problem areas. He is prepared to move forward as proposed. Councilor Anderson agreed with the changes. Mayor Cook said this is a better product this time around. Council President Snider moved to approve Ordinance No. 18-01 and Councilor Goodhouse seconded the motion. Motion passed by a unanimous vote. Ordinance No. 18-01 —AN ORDINANVE AMENDING SECTIONS 10.28 AND 7.60 OF THE TIGARD MUNICIPAL CODE RELATING TO PARKING AND ABANDONED VEHICLES Name Yes No Councilor Anderson Mayor Cook Councilor Goodhouse Council President Snider Councilor Woodard TIGARD CITY COUNCIL MINUTES —January 2, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 5 of 6 Councilor Woodard moved to approve Resolution No. 18-03 and Councilor Anderson seconded the motion. Motion passed by a unanimous vote. Resolution No. 18-03—A RESOLUTION TO AMEND THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE AS ADOPTED BY RESOLUTION NO. 17-34 TO IMPLEMENT THE CITY'S PARKING PERMIT AND ENFORCEMENT PROGRAM Name Yes No Councilor Anderson Mayor Cook Councilor Goodhouse Council President Snider Councilor Woodard 6. NON AGENDA ITEMS—There were none. 7. EXECUTIVE SESSION—There were none. 8. ADJOURNMENT At 7:21 p.m. Councilor Goodhouse moved to adjourn the meeting and Council President Snider seconded the motion. Motion passed by a unanimous vote. Name Yes No Councilor Anderson Mayor Cook Councilor Goodhouse Council President Snider Councilor Woodard Kelly Burgoy e,Deputy City Recorder Att s John ook, Mayor Date: TIGARD CITY COUNCIL MINUTES —January 2, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 6 of 6