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City Council Packet - 05/05/202011„,City of Tigard TiGARB Tigard Business Meeting-Agenda 0 TIGARD CITY COUNCIL MEETING DATE AND TIME: May 5,2020- 6:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: In accordance with the City of Tigard's Declaration of Emergency Due to the COVID-19 virus and the Governor's Orders this is a virtual meeting where Council and staff will participate remotely. There will be no verbal public testimony during this meeting. Written public comment may be submitted via email to CouncilMailAtigard-or.gov or online at: Public comment SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: htto://www.tiaard-or.gov/city hall/council meeting.oho 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. 1114 City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: May 5,2020 - 6:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 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. PUBLIC COMMENT* Public comment may be submitted by visiting Public comment A.Follow-up to Previous Public Comment B.Public Comment Submitted to Council 3. CONSENT AGENDA: (Tigard City Council) The Consent Agenda is used for routine items including council meeting calendars,appointments to boards and committees and approval of 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. Motion to: A.APPROVE CITY COUNCIL MINUTES: October 1,2019 November 5,2019 November 12,2019 November 26,2019 December 3,2019 December 10,2019 December 17,2019 January 7,2020 January 14,2020 January 21,2020 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/Town Center DevelopmentAgency has voted on those items which do not need discussion. 4. QUASI-JUDICIAL PUBLIC HEARING:APPEAL OF THE ART RUTKIN ELEMENTARY SCHOOL CONDITIONAL USE PERMIT 6:35 p.m. estimated time 5. CONSIDER RESOLUTION ACKNOWLEDGING SW CORRIDOR MINIMUM OPERABLE SEGMENT (MOS) DETERMINATION 6:45 p.m. estimated time 6. NON AGENDA ITEMS 7. ADMINISTRATIVE REPORT 8. 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. 9. ADJOURNMENT 7:05 p.m. estimated time AIS-4278 3.A. Business Meeting One Meeting Date: 05/05/2020 Length (in minutes):Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve City Council Meeting minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: October 1,2019 November 5, 2019 November 12,2019 November 26,2019 December 3, 2019 December 10,2019 December 17, 2019 January 7,2020 January 14, 2020 January 21,2020 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments October 1,2019 Minutes November 5,2019 Minutes November 12,2019 Minutes November 26,2019 Minutes December 3,2019 Minutes December 10,2019 Minutes December 17,2019 Minutes January 7,2020 Minutes January 14,2020 Minutes January 21,2020 Minutes City of Tigard Tigard City Council Meeting Minutes TIGARD October 1, 2019 1. BUSINESS MEETING A. At 6:32 p.m. Mayor Snider called the City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Council President Goodhouse Councilor Newton Councilor Lueb V Councilor Anderson Mayor Snider V Youth Councilor Turley V C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication City Manager Wine reported on a concern from Dan Quello regarding the potential removal of trees from a neighboring property. She said staff confirmed that the neighbor was within his rights to take the trees down as a result of the development. Staff brokered a meeting between Mr. Quello and Mr. Backman, the developer. Staff asked Mr. Backman to consider preserving the trees and he said he is willing to entertain that if possible. The City also received an appeal last week from Mr. Quello. He has since rescinded his appeal and is discussing options with the developer. B. Citizen Communication—Sign-up Sheet—None. 3. RECEIVE PRESENTATION ON PERFORMANCE AUDIT REVIEW City Manager Wine said Council would receive the performance audit review from Matrix Consulting. She explained that the City undertook the independent audit when they received feedback that the public did not have a good understanding or trust for how efficient or effective the City operates. Objective data was lacking to show how well staff provide services, which made it difficult to communicate strengths and potential improvements to the public. TIGARD CITY COUNCIL MEETING MINUTES — October 1, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 11 The proposed study was an independent review of what the City does by department or program,how well the service is provided and what improvements can be provided using accepted benchmarks or standards that are appropriate to the program.The RFP went out in summer 2019 and Matrix Consulting was awarded the contract.Additional items to note about the scope of work are that staff chose to prioritize breadth over depth, they didn't seek to identify monetary savings and staff were mindful of an upcoming local option levy and creation of a city report card. In the future, this will include performance metrics,inventory of functions and structure, documented workload data,costs, services and organization. City Manager Wine explained that city management is prepared to implement the primary recommendation for the departments which was to establish and expand on a performance measures program. City Manager Wine introduced Senior Management Analyst Hendrix,who will be working on the development of this program. She said there is no recommendation or action requested tonight aside from receiving and discussing the report and recommendations. She suggested staff bring back a communications and implementation plan related to those recommendations. Alan Pennington of Matrix Consulting Group gave an overview of the Final Report findings, recommendations and recommended performance metrics. He described the Audit Task Plan, which began with an organizational profile and existing performance/workload data,if any. They conducted a confidential employee survey as well as interviewing a number of staff individually. They had a public survey and a community meeting. The public survey had a good response,less so at the community meeting. Matrix then analyzed each department, as compared with best practices. They examined the staffing structure, operational practices and began developing recommendations. They got input from staff on the draft report,which received positive feedback. Staff seemed supportive and open to the performance audit. Mayor Snider thanked him for sharing that, as he said that is important to the Council. A major theme they found was a very high focus on customer service across every department. There were some challenges due to limited staffing,but in general the City has high service levels.There is good interdepartmental cooperation,recognizing the impact of their department on others. Mr. Pennington did say they found very lean staffing and he believes the City is doing a lot with what they have. He noted a higher use of part-time staffmg than is typical, for example, 32-hour employees. Matrix identified a few integration issues between existing software,but he recognizes that staff are currently reviewing new software for the organization with integration in mind. They did not recommend adding many additional positions. He summarized that most recommendations relate to operational practices and recognize that implementation will be a multi-year project. They prioritized recommendations and provided a general timeline for the City to follow. Mayor Snider noted the report did not recommend a lot of additional staff,implying that there are not a lot of places to cut costs. Mr. Pennington stated that there were selected areas where TIGARD CITY COUNCIL MEETING MINUTES — October 1, 2019 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 2 of 11 they recommended additional staff,but also looked for chances to improve efficiencies in technology use, staff and resources. Mr. Pennington then led the Council through each recommendation. For each department,he read the recommendations and the Council commented. Audit Recommendations Council/City Manager Comments City Management Councilor Newton was enthused to see this. She said she 1. Annual work plans for each dept hoped that as the department performance measures aligned with strategic plan move forward, she'd like to see something organization 2. Senior Management Analyst wide. She thinks it will be helpful for the budget and position to implement communicating with the public. 1 performance measures program - (No. 7) Councilor Goodhouse asked about the 3. Expand on performance presentation and the packet. He wasn't sure if Human workload measures Resources needed to be separated. City Manager Wine 4. Succession planning/System for clarified that Human Resources is a program in the City predicting retirements annually Management department. 5. Increase staff diversity No. 7) City Manager Wine noted that for this 6. Update performance evaluation, recommendation, Council will be asked to approve a first tie to pay increases quarter supplemental budget for the Human Resources 7. Additional staffing in Human Department. Resources Mayor Snider commented that non-full-time,but effectively full-time employees can cost the City more than just an FTE in benefit costs. He noted that other organizations have improved FTE staffing without increasing costs as much,using this principle. Central Services Councilor Newton size said the eecormendations were 8. Internal&external customer designed for efficiency ge al Is ggrothein 44" satisfaction surveys to evaluate recommendations. work Councilor Lueb said that the communication plan is 9. Work order system for web something she thinks is very important.As a Council, they content updates take communication seriously.There are so many ways to 10. Written strategic plan for communicate and the available forms are constantly Communications changing. If the City wants to continue reaching citizens 11. Graphic design to reach out to they need to have a plan that is revisited regularly. She stakeholders before large projects noted that the Communications team has stepped it up in 12. Written strategic plan for Court the past year and the public has noticed, so she likes that 13. Maintain staffing and this is highlighted. productivity No. 14) Mayor Snider said that he was not clear about the 14. Fleet maintenance analytics, concern and wanted to confirm that they would be random fuel checks verifying that no diversion of fuel resources was occurring. 15. Asset management system meet Mr. Pennington confirmed, stating it is best practice to needs of Fleet and Facilities ensure that it does not occur. 16. Property management review of - (No. 15) Councilor Newton asked if this recommendation expenditures referred to a software issue and noted that the City is looking at implementing a new software system or TIGARD CITY COUNCIL MEETING MINUTES — October 1, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 11 17. Proactive building preventative systems. Mr. Pennington confirmed that when they spoke maintenance program with staff, they were anticipating replacing both the asset 18. Implement spot inventory checks management software as well as the financial system. 19. Maintain staffing No. 15-16) Councilor Lueb asked if these two 20. Provide project manager recommendations could tie together with the correct asset certifications management system. Mr. Pennington said yes,absolutely. No. 20) Mayor Snider asked how many staff didn't have their project management certification. City Manager Wine explained that this recommendation focused on facilities management staff only. She said that there are certified PM's on staff,but it would be beneficial in this area to certify additional staff. Community Development No. 24) Mayor Snider asked if this recommendation 21. Accela reports for becomes a problem if everyone requests expedited workload/performance data approval treatment and the City can't provide the faster 22. Routine workload reports,level service? Mr. Pennington said he knew of no places where of service evaluation that happened. It can be written that it is based on staff 23. Electronic customer satisfaction availability, etc. survey No. 25) Council President Goodhouse asked and Mr. 24. Implement expedited permit Pennington confirmed, that the recommendation is application reviews for a fee referring to cross-training a staff member and not 25. Add additional Accela power necessarily hiring someone new. user, share admin responsibilities 26. Software integration with Accela 27. Adapt inspector staffing to workload 28. Online library of standard conditions of approval for permits Finance and Information Services - Council President Goodhouse asked if these 29. Regular data analysis to detect recommendations were to "tighten the ship" or if there irregularities were more areas that the City may be compromised to 30. Cross training of staff focus on. He asked Mr. Pennington if the 31. Annual fraud risk assessment recommendations are weaknesses or just areas where the 32. Regular audits of purchases City can improve. Mr. Pennington said that they were 33. Implement automatic notification identifying areas that could be risks. of payroll changes Mr. Pennington commented that they witnessed situations 34. Second employee to verify where staff would leave the City and they were the only garnishment data person with certain necessary knowledge or experience. 35. Asset management system He said they saw the impact things like that had on the integration with financial system organization and those are the kinds of things they are 36. Additional efforts to seek trying to prevent that from occurring in the future with discounts, State contract this report. discounts No. 38) Mayor Snider said there are some departments 37. Software to monitor IT logs and where GIS is inherently useful, such as in Public Works, system intrusions Community Development and Police. How would other TIGARD CITY COUNCIL MEETING MINUTES — October 1, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 11 38. Embed GIS staff in departments departments use this technology? Mr. Pennington said the 10% of time use would be based upon data. For example,library 39. Information technology demographics can aid recruitment outreach or committee programming. Mr. Pennington suggested having GIS let 40. Reduce internal phishing all departments know what they can do to better target clickthrough rate to under 5% these services.This recommendation is just to help 41. Hire 1 additional IT support staff departments consider alternatives and at least have a discussion about potential uses. No. 38) Council President Goodhouse said that sometimes GIS is so vast, some people think it is only for mapping but that is just scratching the surface. Departments and city staff may not realize how they can use this tool to improve their services. No. 38) Councilor Newton said that when she worked for the City, she was educated on all the data that could be produced through GIS. She agrees outreach conversations would be very helpful. Library No. 42) Councilor Lueb asked if they had considered 42. Reduce service hours, Close at 8 shifting some evening hours to the weekend. Mr. p.m. Pennington explained that they recommended closing in 43. Comprehensive marketing plan the evening based on documented library utilization. He to brand library, one social media said they could have other reasons to alter the hours,but coordinator that without changing the hours the staffing is difficult. 44. Continue team building and open - Councilor Newton said the City should be proud of the communication among staff library in comparison to other libraries of the same size. 45. Create team to research and She acknowledged that the Library Director has been develop a Library IT Needs talking about reducing hours. Mr. Pennington said library Assessment and Long-range Plan staff is probably stretched too far at the moment. Mayor Snider said he was not surprised to hear that since they were tasked with operating the library on bare bones funding. Council President Goodhouse stated that it looks like the City has more library employees than others for a city of this size,but he noted they also get more visitors. He asked if volunteers are included in the staffing level evaluation. Mr. Pennington said he believed they used only full-time employees and not volunteers for their staffing recommendations. He said it is hard to compare levels of programming between different libraries because they are not apples to apples. Police No. 58) Mayor Snider asked Mr. Pennington why the 46. Maintain current Admin staffing SRO change isn't scheduled to happen immediately. Mr. levels Pennington said when prioritizing they felt it was not as 47. Add 8 additional officers to high a priority and felt it could be postponed without a achieve 5-minute response time greater impact. 48. Maintain current K9 staffing (2) TIGARD CITY COUNCIL MEETING MINUTES — October 1, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 11 49. One sergeant on duty at all times - (No. 53) Mayor Snider asked him to comment on the at minimum)proposed change in detective staffing. Mr. Pennington 50. Hire 2nd CSO explained that the recommendation regarding detectives 51. Maintain current staffing for was based on workload.The ultimate aim is to ensure traffic unit greater consistency of tracking data so it is reliable 52. Review case screening process information. 53. Eliminate 2 detective positions - (No. 53) Council President Goodhouse asked if the 54. Reevaluate staffing for recommendation was that staff should continue to property/evidence on an annual monitor the data and workload before making the decision basis to limit detective staffing. Mr. Pennington confirmed. 55. Maintain staffing for records No. 47) Councilor Newton returned to the management recommendation to add 8 officers. She explained the 56. Hire an additional analyst in 1 to Council was currently considering a levy for police 3 years services in order to get one officer in each of the City's 5 57. Maintain Admin Specialist patrol districts, or 5 officers each shift. She wanted to staffing confirm that this recommendation was based on response 58. Maintain SRO,hire 1 additional times and not in order to have one officer in each district. in 1 to 3 years Mr. Pennington confirmed that the recommendation was not about the City's patrol districts. Mayor Snider asked Mr. Pennington about a recommendation on Page 92 of the report regarding self- initiated incidents. He asked if the traffic stops initiated by the traffic division are included in the report looking at patrol activity. He explained that if some are traffic stops initiated by the traffic unit, they are doing what they are supposed to be doing. Mayor Snider said they may be dramatically increasing the percentage of current performance by over 25 percent. He said he felt it was worthy of additional analysis. Mr. Pennington said he would need to research the issue and get an answer back to the Council. He explained that of 11,800,4,451 are traffic stops. He clarified that the Mayor wanted to know if that number includes stops made by the traffic division. Mayor Snider agreed. TIGARD CITY COUNCIL MEETING MINUTES — October 1, 2019 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 6 of 11 Public Works No. 68-69) Councilor Lueb asked about their 59. Establish routine cycle of recommendations to narrow span of control for Parks measurement,review,action supervisor and City Engineer. She asked how the 60. Publish performance measures consultants would recommend narrowing a specific and results in annual budget position,but not adding additional resources in order to 61. Asset management system work cover that difference. Mr. Pennington said for the City order component is efficient and Engineer, the department is working with another transparent consultant to do a more in-depth analysis of the structure. 62. Track all field work using work A narrowing could be accomplished by adding an orders additional staff member or shifting responsibilities. In 63. Preventative and routine general, they felt the number of direct reports to the City maintenance calendar for Parks, Engineer seemed higher than similar jurisdictions. To use to calculate staff narrow the Park Supervisor position,which covers 18 or 64. New software with robust more staff, they suggest structuring the seasonal work force project management module or to report to someone other than the Parks Supervisor invest in software for capital PM because it is hard to supervise that many employees. 65. Update system master plans once every six years on a rotating basis -Mayor Snider asked what span of control is recommended 66. Master plans to include as a maximum. Mr. Pennington said that depends on the discussion of how plan supports position and each one is different. If someone has goals of dept and city supervision over 12 people that all do the same thing, such 67. Provide development review as parks maintenance, that may be reasonable. In contrast, back-up for Principal Engineer supervising 12 finance workers that do different tasks could 68. Narrow Parks supervisor control, be unreasonable. implement oversight of seasonal staff Councilor Lueb said physical location makes a difference as 69. Narrow City Engineer's control, they are not probably all sitting in one office. implement oversight assistance for PM staff Mr. Pennington then moved on to the City's performance measures. He explained that performance measures help an organization achieve greater efficiency and effectiveness by making data available. His team looked at each proposed measure by balancing the value of the data against the staff time needed to take to collect the data. These measures are not end goals but will change over time. It should take multiple years to collect the data and respond with meaningful changes. There are some data limitations that need to be addressed. Availability and accuracy of relevant data is limited at the City. Staff need to have better access to the data and be able to extract data for their use. The best systems have data readily available with almost real-time measures as the data changes every day,but this is a long-term goal. Ideally, the performance measures would flow from or tie to the Council Goals. How the Council phrases its goals may help direct performance measures or data gathering efforts. He advised that each department figure out what is most important to their business and limit them TIGARD CITY COUNCIL MEETING MINUTES — October 1, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 11 to only 2 to 3 measures. Managers may have additional measures that help them manage, as well. Mr. Pennington said that there is a need for performance measures from a policy making position, from a managerial decision-making viewpoint, and the public needs measures from a confidence and educational aspect. Not all performance measures will serve all three uses. Mr. Pennington read through some of the proposed performance metrics and recommended targets. Council responded to some,but not all departmental performance measures. Under the City Management section,Mayor Snider asked about the meaning of the Workers Compensation goal of"less than one."Mr. Pennington said that if one is the average and they are less than one, they are doing better than average. Council President Goodhouse asked if there was a range and Mr. Pennington explained that it is either more than or less than one. Mayor Snider confirmed that this was aspirational at slightly above average. Councilor Lueb said that at least better than average sounded better. Under the Central Services section,Mayor Snider asked why they recommended a goal of less than 10 percent in outsourced maintenance work. Mr. Pennington said it was a combination of best practices and what the consultants thought was achievable for the City. He said that it was more of a starting point for discussion than a hard target. Mayor Snider asked what the metrics were,if it was cost or work orders or something else. Mr. Pennington said it would look at dollar volume rather than the percentage of work orders. Under the Finance and Information Services section,Mayor Snider asked about the internal phishing campaign clickthrough rates and asked how less than 5 percent is a good standard. Mr. Pennington said they did not think a zero rate was attainable. Mayor Snider mentioned that other cities have had issues caused by this and that he felt 5 percent was too high. Councilor Newton asked what the rate is now. Council President Goodhouse said he agreed this was an important area and that a single breach could be devastating. City Manager Wine said that she believes the results of the most recent campaign reported a 50 percent rate. She said this is an item where Council and staff would need to determine the acceptable costs to reach the goal they are seeking. Under the Police Department,Mayor Snider asked why they recommended use of averages for response times instead of a metric closer to what people are experiencing,like the 80th or 90th percentile. Mr. Pennington said they are not opposed to that,but that the City needs a separate standard for each type of service. Mayor Snider said the public sector always uses averages to measure itself,whereas the private sector realizes it's not a good measure. He said he's brought this issue up for the six years he has sat on the Council. Mr. Pennington said that cities like to compare themselves to other cities, and other cities use average response times,not percentiles. The public understands an average more than a percentile. Under Public Works,Mayor Snider asked what the typical cost recovery range is for recreation. Mr. Pennington said that it is in the 45 to 65 percent range. Most communities are not able to reach 100 percent cost recovery. Mayor Snider clarified with Mr. Pennington that it was only true of recreation and not parks. TIGARD CITY COUNCIL MEETING MINUTES — October 1, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 11 Councilor Newton asked how to measure recreation programming versus events. Mr. Pennington said they discussed measures like event attendance or attendance of residents vs. non-residents,but that it would be too hard to measure in practice. Events are important,but he has no specific recommendations for the City. Councilor Newton said she felt it was important to track since they are investing resources into events. Mayor Snider asked if there was an easy way to get a close head count at events. Councilor Newton repeated that she thought it would be helpful to be able to spend those funds more effectively. Mr. Pennington mentioned that when thinking about adopting targets,it should be kept in mind they should be reasonable and achievable,not overly stringent. They don't want the City to be so concerned about the measure that it drops its level of service. He said they have seen communities where they focused so much on metrics,it consumed the organization. Councilor Lueb said this presentation was also given to the audit committee and they had good conversations on specific recommendations. They thought it was a really good starting point for the City and a good place to open up the conversation. These metrics should be reviewed regularly. Residents on the audit committee agreed that they would like City staff to spend resources getting data to make a report card. Mayor Snider said that was a good segue to what the Council plans to do with this information, such as an action or implementation plan. He said it sounded like the recommendations and metrics would be implemented separately. Councilor Lueb requested that staff add dollar figures or cost estimates for each item. Council President Goodhouse said Tigard is a smaller city that has been growing and will continue to grow. He asked how Tigard compares to other growing cities;is this a natural progression for cities this size or is the City behind the curve. Mr. Pennington agreed that it probably had a little bit to do with growing pains. The City is at the point where they need more systems in place to help make decisions. Measures have been an important focus in business the last several years and the use of data has gained a lot of credibility and use. He said he did not believe the City was too far behind,but at the appropriate place to begin implementation. Councilor Newton stated that moving forward with an implementation plan is good. She would like it laid out by department and their priorities. She said she thinks it will be good for Council and the community to have this information as they make policy and budget decisions. She requested staff compile a plan that outlines the pieces and a timeline. She concluded this is needed right now because things are getting more complex and it helps tell the City's story. She advocated for a small number of measures for each area. Councilor Anderson asked if the consultant was finished with their contract and they confirmed they were. He said it now goes back to staff to implement. Some departments may be more comfortable than others. Mayor Snider said that some departments have more work to do. City Manager Wine said that the City had an opportunity to work with Matrix closely throughout this process. If the City is going to do meaningful data collection it needs to start now. She has heard no major objections from any department regarding the recommendations. Staff will bring back an implementation plan that is sorted by priority. The Council will be hearing from each TIGARD CITY COUNCIL MEETING MINUTES — October 1, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 11 department regarding their recommendations. Mayor Snider asked that City staff be candid if there is a recommendation they don't agree should be implemented. Council President Goodhouse would like to see these recommendations listed by priority. He noted that some recommendations cross over multiple departments, such as the software implementation. He encouraged staff to follow best practices and try to be efficient. He asked Mr. Pennington what the normal process was for follow-up from Matrix. Mr. Pennington said there was no standard practice. Some organizations do a broad audit every decade or deep dive into a department annually or every other year. Most organizations do not do the follow-up. Mr. Pennington emphasized that if the City has a good implementation plan and is able to monitor its progress, the City may not need a reassessment. Mayor Snider said a recommended implementation plan would include what future monitoring and performance auditing process should be in place. Mr. Pennington said it is typical to set up a schedule,like two departments a year, and take a deep dive into each department in rotation. Councilor Lueb stated that any follow-up would be a policy decision from Council and staff and whether they want to do a deep dive into departments. As long as the City is doing an implementation plan that Council and staff are following, she didn't see the need for a broad follow-up audit. She suggested a policy decision would be a driver as to whether or not they would move forward with a deep dive audit. Mayor Snider said there needs to be some thinking about how this will be monitored. Council President Goodhouse said if they are considering another audit in the future, they need to make a footnote to add it to the budget. City Manager Wine said staff will bring an implementation plan to Council by late November. Mayor Snider thanked Mr. Pennington for the work he and his team did on the performance audit. 4. NON AGENDA ITEMS—None. 5. EXECUTIVE SESSION—None scheduled. 6. ADJOURNMENT At 8:32 p.m. Councilor Lueb moved for adjournment. Council President Goodhouse seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider TIGARD CITY COUNCIL MEETING MINUTES — October 1, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 10 of 11 Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date TIGARD CITY COUNCIL MEETING MINUTES — October 1, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 11 City of Tigard Tigard City Council Meeting Minutes T I GARD November 5, 2019 1. BUSINESS MEETING A. At 6:30 p.m. Mayor Snider called the Tigard City Council and Local Contract Review Board meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Lueb Councilor Anderson Mayor Snider Youth Councilor Turley Council President Goodhouse Councilor Newton C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B. Citizen Communication—Sign-up Sheet. No one signed up to speak. 3. CONSENT AGENDA (Tigard City Council&Local Contract Review Board) A. CONSIDER INTERGOVERNMENTAL AGREEMENT WITH METRO FOR WASHINGTON SQUARE GRANT AWARD B. CONSIDER CONTRACT AWARD FOR MAIN STREET PHASE 2 DESIGN Councilor Anderson moved for adoption of the Consent Agenda as presented. Council President Goodhouse seconded the motion. Mayor Snider conducted a vote and announced that the motion passed unanimously. Yes No Councilor Lueb Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton TIGARD CITY COUNCIL MEETING MINUTES —November 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 14 4. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE ADOPTING A CONSTRUCTION EXCISE TAX A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony and there was a sign-up sheet at the front of the room. C. Associate Planner Warren gave the staff report. He said the Construction Excise Tax is a tax levied on the permit value of construction. It was enabled by Senate Bill 1533 passed in 2016 and can be levied on both commercial and residential building. Residential CETs are limited to a maximum of 1% of the permit value and must be allocated according to a state formula: 1) 50 percent goes towards developer incentives for housing which can be used for SDC exemptions or tax abatements; 2) 35 percent goes towards flexible, affordable housing programs; and 3) 15 percent goes to Oregon Housing Services for home ownership and those dollars come back to Tigard for home ownership programs in the city. Commercial and industrial CETs are not limited,but one percent is typical. The state also has a formula for how those are allocated,which is 50 percent going to affordable housing programs. So far ten jurisdictions have enacted a CET, most recently the cities of Milwaukie and Portland. Mr.Warren said adopting a CET helps backfill SDC exemptions. Tigard has had an affordable housing SDC exemption for about a year and a half and the CET could help replace that lost revenue to the parks and transportation funds. It supports affordable housing in Tigard through the state's down payment program and is a key component of the City's Affordable Housing Plan. In June,when considering the Affordable Housing Plan, Council considered two key funding sources,including Joint Entitlement through the Community Development Block (CDBG) grants and CETs. Associate Planner Warren explained that CETs are based on the permit value of construction. He clarified that permit value is based on the construction cost,not the sale or land price, and is paid prior to the building permit issuance. As an example, a home worth $525,000, construction would cost approximately$275,000 and so the Construct Excise Tax would total$2,750. CET would apply to any construction not explicitly exempted by the authorizing Senate Bill, of which there are several. At adoption of a CET, the City could opt to provide other exemptions. Staff have included a list of potential exemptions that they suggest. As far as CET revenue, the City can estimate what it will generate based on previous years' permit data. Looking at the most recent year, FY2018-2019, there were approximately $1.7 million in construction permits,with an additional$2.1 million in FY2017-2018. Mr. Warren noted these are estimated figures and that construction would trail off during a recession,leading to lower CET revenue. He stated that the last two fiscal years demonstrate how changes in each type of construction affects the total CET revenue. TIGARD CITY COUNCIL MEETING MINUTES —November 5, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 14 In FY2017-2018, there was greater residential construction,which under the state formula would have generated approximately$2.1 million in CET revenue. In FY2018-2019, however, there was greater commercial construction,which under the state formula would only have generated$1.7 million. To figure what the City would receive,you must implement the state's formula. The City retains a 4% administrative fee, so for FY2017-2018 the City would have collected about 700,000 in SDC backfill funds. In FY2018-2019,in contrast, the City would only receive 267,000 in SDC backfill. A CET could produce many benefits,including helping to backfill SDC payments from the City's Affordable Housing Plan exemption program.The tax would also help with down payment assistance,permanent affordability through community land trusts, support for purchase of low-cost market-rate units (not necessarily purchased by the City,but could be supported by the City),land banking for affordable housing and gap financing for affordable rental units. The City has provided some gap financing in the past through urban renewal funds. This would be a more flexible source of funding for affordable housing. Councilor Newton asked what a permit for$50,000 or less would fund for a homeowner looking to add additional living space for a family member.Associate Planner Warren said he was unsure since he was not a contractor but based on his own personal knowledge of construction costs this might be a kitchen remodel or adding on to expand a bathroom. Mayor Snider added that those additions would be exempted anyway if it did not increase the footprint. For a$100,000 project,Mr. Warren explained that only$1,000 would be paid in a CET. Mayor Snider asked how staff arrived at the missing middle exemption of 50 percent as opposed to any other level. Mr. Warren said staff knew they wanted to provide an exemption,but the scale of development is typically between a professional builder versus an owner-built Accessory Dwelling Unit (ADU). The 50 percent exemption split the difference between the full cost of a single-family structure and the full cost of an ADU. Mayor Snider then verified the effective date was January 1,2020 and would apply to anything receiving a permit after that date. Mayor Snider opened the floor for public testimony. Jackie Keogh, 5288 N. Interstate, Portland, OR 97217, spoke as Deputy Director of Proud Ground, the region's community land trust. She said she served on the City's Affordable Housing Task Force. She noted that in 2018 their Board of Directors made a strategic decision to focus on the City of Tigard as part of a larger effort to mitigate displacement in the SW Corridor. They have been working with the City,Metro,local developers and non-profit partners on the feasibility of developing permanently affordable homes within Tigard. They support both the CET and the tax exemption for non-profit affordable housing. CET specifically was a key recommendation of Tigard's Affordable Housing Task Force and is essential to pursuing the other recommendations within the plan,including the ability to purchase land and support first-time home ownership programs. She said this program is flourishing in Beaverton and Hillsboro. With a CET, TIGARD CITY COUNCIL MEETING MINUTES —November 5, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 14 Proud Ground can bring this program to Tigard and ensure that residents have permanently affordable housing. She said they have several developers ready,but Proud Ground cannot purchase and hold the land for affordable housing development to be planned. This change would allow Proud Ground to purchase the properties and the tax exemption will help their projects pencil out. If purchased by developers at market rate, they would not be building affordable housing. Nina Kung, 7522 SW Ashford Street,Tigard, OR 97224, spoke in support of the CET and the tax exemption for developing affordable housing. She participated in housing replacement prevention in the SW Corridor program,which had both an adult and youth cohort that met for six months involving City of Tigard,Metro and Unite Oregon, a non- profit. Tigard has a great need for affordable housing, especially because prices will rise with the development of light rail and residents'income has not risen to match the increase. The CET and exemptions are really needed to support and implement the Affordable Housing Plan so people may have housing security,which impacts all aspects of people's lives. Ms. Kung is testifying to express support for both proposals. Sheila Fink,Community Housing Fund, 3700 SW Murray Blvd.,Beaverton, OR 97005, spoke in support of the CET. Community Housing Fund participated in the development of the Affordable Housing Plan and support both the CET ordinance and the tax exemptions for non-profit affordable housing. She said Tigard is severely rent burdened, more so than other cities in the state, and solving this problem will require money and willing partners. This is one of few strategies available to the City to generate additional funds for affordable housing. She was on the Vision Task Force in the 1990s who first said the community had to do something. At that point,Tigard agreed to put tax exemptions for non-profit housing in place and was the first city to do so in Washington County. She stated she appreciated the leadership of the City and said it's made a big difference over the years in discussing what one small city could do. This was critical and helped a lot of projects get going. She remembers years ago when Duane Roberts did a video presentation on affordable housing,including why we care and what can we do.Angel was one of the residents who had an opportunity to get stabilized,get help with her addictions and get her GED. She is now a homeowner that runs a non-profit that helps people with mental health and addiction issues. It's a diverse population in Tigard and they can't all afford what the market can offer.A CET helps provide flexible funding to help homeowners and renters. The tax exemption ordinance is also important. She said the ordinances were well crafted and they hope to see them adopted. Tracy Stepp, Community Partners for Affordable Housing, 6380 SW Capital Highway, Portland, OR 97239, said she has been involved in the Tigard community for over 13 years. Over that time,the move toward affordable housing has increased. She noted that Rachael Duke,Executive Director submitted a letter in support of the CET and tax emptions that make their work possible. She wanted to share that for over a decade she has heard personal stories from real people, telling how this help has changed their lives,made their families and children stronger and gave seniors the ability to age with dignity in their home. She said they build housing for people who need affordable and safe places to live,which in turn makes the whole community stronger. TIGARD CITY COUNCIL MEETING MINUTES —November 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 14 Carine Arendes, 9524 SW North Dakota Street,Tigard, OR 97223, said she is active in the community and participated in the Tigard anti-displacement learning opportunity provided by Unite Oregon and it was a valuable experience to hear the stories of people struggling today. She explained she was here to encourage Council to adopt CET ordinance which will provide a needed source of funding for developing regulated affordable housing.Although the economy is doing well,not everybody in our community is doing well.Almost half of houses are rent burdened, and a quarter are severely rent burdened. Clearly,we need more affordable housing and the private market is probably not going to supply it at the level that we need,and funding is a major barrier for non-profit housing providers. The CET was vetted by the community stakeholders participating in the Affordable Housing Task Force. She said one reason she lives in Tigard is that when she was a young working mom,Tigard was an affordable community with good schools and parks. She hopes her own child can afford to live here too. She asked Council to pass this ordinance. Ezra Hammer, Home Builders Association of Portland, 15555 Bangy Road,Lake Oswego, OR 97035, noted that he appreciated hearing the public comments that came before him. He thanked staff for working diligently on this issue. It is always a concern when the developer association sees new taxes proposed,but they think the proposal strikes a good balance. He wanted to note that it really is a tax that will tax housing affordability broadly. They need to be sure that the tax to regulate affordable housing does not impact market rates across the board. Mr. Hammer stated he's before the Council tonight to reiterate their organization's request to rework the ordinance in its current form. The group can understand that taxes in some instances are important,but they need the City to come to the table to examine structural administrative reforms on how they tax existing housing. He asked Council to consider the CET in conjunction with some administrative reforms regarding the way fees are collected. Namely, to delay impact fees to closer to the issuance of an occupancy permit to reduce carrying costs. These costs add up into thousands of dollars for developers. They ask the Council to consider their proposal. E. Response to testimony by staff. Associate Planner Warren reported that he will follow-up with Mr. Hammer regarding his testimony and then report back to Council. He explained that staff have worked with the Development Advisory Committee on development of this ordinance,which includes the Homebuilders, and they've been working on the mentioned administrative reforms. It is not as easy as simply updating the administrative rules, and the Municipal Code will need to be amended in order to proceed. Staff are currently doing background work to determine what the costs would be. Mr.Warren explained that due to prioritization from the Development Advisory Committee, staff have been working on the issue of delaying SDC collections first. Mayor Snider asked why the two changes were not being worked on concurrently. Mr. Warren explained that the housing need is now, and it is not getting better. Staff do not view the CET proposal and the administrative reforms as coupled, and that the CET is a real need now. Since it was ready, staff felt it could go before Council on its own. Mayor Snider asked if work on these two issues began at the same time. Mr. Warren explained that no, the Committee meets quarterly, and one item began a quarter before the other issue due to software considerations. Administrative reforms in fee collection would TIGARD CITY COUNCIL MEETING MINUTES —November 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 14 require software changes and staff are just now getting information back from the third- party vendor that would help update the software. Council President Goodhouse said he was surprised to see the CET come forth but not the SDC consideration at the same time since he remembered that during consideration of these items,it was noted bringing them forward at the same time would work to balance them out. Councilor Newton asked when the SDC collection matter will come to Council. Associate Planner Warren said he could not commit to a timeline, because the Building andFinanceDepartmentandCityAttorneywouldalsoneedtobeinvolved. He estimated February 2020 at the earliest. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 19-16 Councilor Anderson stated he has been a proponent for a couple of years. He has been watching the City of Bend to see how they use their money and said this will help. It willbumpupthemarketratebecauseitwillbepassedalongtoconsumers. He said it will be good to put the SDC changes into place. Mayor Snider asked if Councilor Anderson thought the CET proposal needed to wait until administrative reforms were ready for approval. Councilor Anderson stated he thinks the sooner the better, but if this took effect January 1St the number of affected permits would not be a big issue. Council President Goodhouse said he supported the CET,although it will be passed on to builders. He proposed holding approval of the CET until Council can consider the SDC changes to strike a balance between the two, saying it would not cost the City anything towait. He stated he could only support the proposal if the two issues were present to balance one another. He sees these two items linked together. He thinks approval of the CET ordinance this evening should be contingent on the passage of the SDC deferment. Councilor Lueb commented that the Affordable Housing Plan is incredibly important and listening to our first speakers, she realizes it has a huge impact in the City. She felt there was a cost to the City to continue delaying it and was in favor of passing it now. Councilor Lueb said she would be in favor of deferring collection of SDCs but does not think the two issues are so interconnected that the CET cannot move forward without the SDC deferment. Councilor Newton agreed and said the CET is a key piece of the Affordable Housing Plan and associated programs and she was reluctant to delay it. She said she was enthusiastic about having willing land bank partners but less enthused about the City getting into building affordable housing. She supports passage of the CET today with a note to staff to bring the SDC deferment quickly as possible. Mayor Snider agrees that if CET is approved, staff should make the SDC deferments move as fast as possible. He asked if this implementation date gives people enough time to plan by January 1. Mayor Snider said his remaining concern is the missing middle housing. There TIGARD CITY COUNCIL MEETING MINUTES —November 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 14 is not a lot of construction happening and the City is saying it will implement a 50 percent CET on these desired middle housing developments. Councilor Newton clarified that Mayor Snider's contention was regarding the 50 percent CET on affordable housing. Mayor Snider explained that the City has just completed a couple years of code amendments to make building affordable housing easier in Tigard and before any building has begun, they are adding another tax. Council President Goodhouse stated that the City is trying to promote more growth and affordability, so he didn't like implementing the CET without the SDC deferments either. Mayor Snider reviewed Section 5 of the proposal more closely and found that,like ADUs, the CET on missing middle housing is repealed in 2023. Mayor Snider stated that he would like to see the CET on missing middle closer to 25 percent or zero, so construction is encouraged. He stated he was unsure whether the 50 percent tax would be a barrier. Councilor Anderson stated he could live with 25 percent and Council President Goodhouse concurred. Councilor Lueb stated she could also live with 25 percent CET on missing middle housing while maintaining the sunset clause in 2023. Mayor Snider asked City Attorney Shelby Rihala said she believed the Council wanted to exempt these to 75 percent,meaning the developer would pay 25 percent of the CET, and that the exemption would go to zero percent upon sunset. Councilor Newton agreed that a 75 percent exemption is acceptable. Council President Goodhouse moved to approve Ordinance 19-16 with the change to Section 5,making it exempted to 75 percent, to be effective on January 1 contingent on passage of SDC deferments. There was no second and the motion died. Councilor Lueb moved to approve Ordinance No. 19-16 with amended Section 5, Cottage Clusters for 75 percent of the CET. Councilor Anderson seconded the motion, saying he hoped staff will come back with the SDC consideration by March 1. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. Ordinance No. 19-16—AN ORDINANCE ENACTING A CONSTRUCTION EXCISE TAX,AMENDING SECTION 5 TO READ THE EXEMPTION IS 75 PERCENT Yes No Councilor Lueb Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton Mayor Snider announced that Ordinance No. 19-16 was adopted unanimously. TIGARD CITY COUNCIL MEETING MINUTES —November 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 14 5. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE AMENDING TIGARD MUNICIPAL CODE 3.50—TAX EXEMPTIONS FOR NON-PROFIT AFFORDABLE HOUSING A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony and there was a sign-up sheet atthefrontoftheroom. C Associate Planner Warren gave the staff report and gave a PowerPoint presentation. The proposed ordinance would update the City's tax exemption for non-profit and affordable housing. This has been in place since 1997,when the state allowed jurisdictions to exempt affordable housing developments from property taxes. Portland was the first city in the metro region to adopt the program and Tigard was the second. It has been a successful program with great partners. The exemption only applies to City taxes,which are only one piece of the total property taxes. Property taxes account for 14 percent of the bill. The State said each taxing district had to adopt the exemption separately. However,if they could get 50 percent of taxingdistrictstosignon, then entire bill will be waived. Tigard adopted the program in 1996,but city code has not kept up to date with the changes in state law. Under this program, the non-profits seeking exemptions must apply for each property and staff recommends to Council in the spring. There are currently four properties in Tigard with exemptions,with additional future properties likely to qualify. Mr. Warren highlighted two key changes to state law being addressed with this code amendment. The exemption allows purchases of land to be exempted from City taxes while the property is held for later development for up to five years. Another provision is a claw back provision that allows the City to impose taxes retroactively should the land be sold or not developed into affordable housing. Associate Planner Warren said extending tax exemptions to land banking lowers holding costs for developers during financing assembly. It allows developers to buy land at a lower price,before land prices rise over time. The update to taxing supports equitable housing in the SW Corridor and aligns with the land purchase goals of the Metro affordable housingbond. C. Public Testimony— Sheila Fink, Community Housing Fund, 3700 SW Murray Blvd.,Beaverton, OR 97005, said the tax exemption program has been very valuable,and these changes will make it even more so. It will provide services not achieved in the past. She thanked the Council for working with staff and stakeholders through committees to construct these recommendations. She said that her organization appreciates the time and energy going into making real changes to help preserve and create new affordable houses so that all kinds of families can call Tigard home. TIGARD CITY COUNCIL MEETING MINUTES —November 5, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 14 Carine Arendes, 9524 SW North Dakota Street,Tigard, OR 97223, stated she was here in support of updating the existing tax exemption policy because it works! It helps maintain housing for those who may otherwise be displaced. She is a member of Unite Oregon and is proud to bring land banking to the city. It has helped non-profits create and maintain affordable housing in Tigard.As a land use planner, she believes in balance and she thinks staff have done their due diligence on this idea and it has been fully vetted before their task force. She said there was no reason not to adopt the revisions in the ordinance this evening to address the housing challenges ahead. D. Response to testimony by staff. None. E. Mayor Snider closed the public hearing. F. Council Discussion and Consideration: Ordinance No. 19-17 Councilor Anderson moved to approve Ordinance No. 19-17. Council President Goodhouse seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 19-17—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 3.50 NON-PROFIT CORPORATION LOW-INCOME HOUSING TO INCLUDE TAX EXEMPTIONS FOR LAND BANKING AND REMEDIES FOR PROPERTIES THAT LEAVE AFFORDABILITY City Recorder Krager conducted a roll-call vote and the motion passed unanimously. Yes No Councilor Lueb Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton 6. RECEIVE UPDATE ON LOCAL OPTION LEVY PLANNING City Manager Wine,Assistant City Manager Nyland, Central Services Director Robinson, Communications Manager Wyatt and John Horvick from DHM Research presented this item with a slide presentation. City Manager Wine stated the Council has a goal to seek a Local Option Levy from Tigard voters in May of 2020. Staff are here to update the Council on the information coming forward from community outreach,the levy and bond task force, facilities planning and the results of a community survey. She explained that they are in the second phase of planning for the levy, during which the Council works to refine the levy and review the scope to determine what to bring to the voters. There is no action requested tonight,but a referral to the ballot would need to occur by late January 2020. She informed the Council the survey results reflect a low level of support for a local option levy. TIGARD CITY COUNCIL MEETING MINUTES—November 5, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 14 City Manager Wine said the Council would need to decide whether they've had enough time to communicate with the voters regarding the levy or adequate time to explain the City's budget and financial challenges,whether the proposal is clear and defined, and demonstrates community benefits. Staff's recommendation is that a levy not be referred without having over 50, or even better 60 percent, of the community in support. Central Services Director Nadine Robinson stated she was there to discuss the facilities project for the Police Department. The City has contracted with FFA Architecture&Interiors.The scope of the project includes building on a prior report to confirm the space needed by the department and determine whether the current police department could accommodate a second story. FFA also examined the City's facilities condition assessment completed in 2016. Since then, the City's ADA Transition Plan was added, and they wanted to update the report to reflect new needs that have arisen since 2016. FFA first met with representatives from each division in the department and spoke with them face to face. Not surprisingly, they need additional space across the board to be more efficient. They also expressed that they wanted to be together and have good security with secure parking. Ms. Robinson said that they determined that it was feasible to add a second story to the current police facility,but because a Police Department is classified as an essential facility,it must be up to higher seismic standards and these are accompanied by greater costs. They looked at the sites currently available in the Triangle and commercial center off Highway 217 and they are not optimal locations. From the facilities condition assessment, the City knows that there are serious sewer issues that would require going through the police department to complete. It is projected this could total mote than$2.5 million. Police department programming includes police operations, community space,emergency management and some IT support, for servers and related equipment in the case of a natural disaster. Results of the programming means the City needs almost 50,000 square feet. Exterior needs include almost two acres of parking. Staff are evaluating facility needs overall,looking at a larger project to determine whether the police department should be part of a larger civic center or its own project. Staff anticipate coming back with both options for Council to consider. Councilor Newton asked about the date they would return with a formal proposal on how to move forward. Central Services Director Robinson stated they were still aiming for the end of the year. Kent Wyatt, Communications Manager, stepped in to give an overview of communication outreach effort. One form of outreach—In-person engagement—began with not ending communications when the previous levy failed. They evolved their communication style to be timelier and more empathetic. City staff asked the community what they did not hear from the City that they wanted to, such as understanding more of what the City does. Staff have taken an all-hands-on-deck approach with 94 events in the past year. These drew a lot of people who then interacted with staff who were able to communicate the City's challenges more effectively. The second form of outreach—Digital engagement—was also refined from feedback from the Committee for Community Engagement (CCE), surveys and focus groups. They learned how and what people wanted to hear, and a primary response was that they wanted to learn through videos. TIGARD CITY COUNCIL MEETING MINUTES—November 5, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 14 Staff have produced several videos since that time,recently setting the tone for facility needs in Tigard as well as videos related to police services. Staff have previously reported on survey results regarding Safe Routes to Schools and the Council has discussed this and the potential levy many times. Staff continue to emphasize the need for additional police resources and additional officers. The performance audit highlighted this need. What communications staff has heard from the community is to move forward by having more conversations,more names and faces of police officers and why policing is meaningful to them. For either the levy or police recruitment, staff feel it's important to show the people behind the policing. Communications plans a couple of citywide mailers on police services. Their work has been informed by the Levy Task Force, and the CCE,who have been very honest about the City's work. Staff continue to gather and incorporate new feedback into their communications outreach with the community. City Manager Wine said there is important information regarding the component and total costs of the levy as well as the resulting levy rate to come to Council at next week's meeting. Mayor Snider agreed that it's hard to consider one without the other. Assistant City Manager Nyland spoke about the Bond and Levy Task Force which was reconvened in August 2019 with 12 former members and 5 new appointments.They met three times,looking back at lessons learned from the previous levy and examining the proposed 2020 levy. She said they spent a lot of time on messaging and sampled ballot titles. At the end they agreed to send a letter to Council saying whatever they choose to do, the Bond and Levy Task Force members will support. They do not recommend the May 2020 timeline and feel that more time is needed to clarify benefits and establish a need.A discussion was held on whether to include Safe Routes to Schools and the group landed on having a sole focus package. The task force suggested not focusing on a specific date,but instead spending time addressing perceptions, explaining finances,including the need for additional funding, and building partnerships that can help with the effort. She thanked Bond and Levy Task Force members present in the audience. City Manager Wine invited the DHM Research team,John Horvick and Tony Iaccarino, to the table to present their survey results on police services in general,including test messaging as to whether there was voter support or opposition to a levy. Mr. Horvick surveyed on many issues related to a potential police services levy. The methodology they used is a representative survey including 300 Tigard voters with a margin of error of 5.6 percent. Some figures are off by a percentage due to rounding. Key takeaways from this survey are that voter sentiment remains positive, as it has been in the past,residents are satisfied with public safety and feel safe in Tigard. Support for the levy is lower than where DHM Research would make a recommendation in going forward. Mr. Horvick explained that concerns about housing affordability have weighed down positive sentiments in communities around Oregon. This makes voters more hesitant to approve bonds and applies to all demographic groups. One positive aspect is that community support increased each time they conducted the survey, a total of three times,but never reaching a majority. DHM's surveys tested nine different messages, seven had at least 70 percent support,which demonstrates voters'willingness to support. One popular message focused on staffing shortages and TIGARD CITY COUNCIL MEETING MINUTES —November 5, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 14 having enough officers available to respond to multiple emergencies. Mr. Horvick stated that other highly-rated messages included more officers to address mental health crises,get advanced training to de-escalate situations and address homeless issues, as well as Safe Routes to School. The strongest opposition messaging relates to housing affordability or the desire not to increase taxes on homeowners, as well as arguing that property taxes are already too high. These are clear messages that could be communicated by an opposition campaign. General perceptions of the City of Tigard improved,but were still below the desired threshold DHM would like to see at this point. After learning more information about the proposed levy, support increased to 43 from 38 percent, whereas opposition dropped from 54 to 51 percent. Another issue that should be considered in terms of timing is that Washington County is also considering a public safety measure. DHM asked voters about both measures on the ballot and 44 percent of respondents said they would still vote yes for the City of Tigard levy.The County measure seems to have very little impact on the success of the Tigard levy. DHM polled voters on having a police facility bond on top of a public services levy and there was 40 percent support (with only 15 percent certain).A majority, 60 percent of respondents, suggested the City should put something—either a bond or a levy—on the ballot. He concluded there was some appetite to have the conversation. One major question is timing and which election cycle would be best.With primaries, there can be a lot of turnout variability due to the closed primary system. Looking at Washington County data from the May 2008 election, there was 63 percent Democrat turnout and only 31 percent Republican turnout. On balance, that would be a 15 percent advantage for Democrats. In other elections,the reverse may be true depending on the issue or race. The May 2020 is hard to predict at this point, but there is likely to be a contested Democratic race for the nomination which may drive increased Democratic turnout. That could be favorable for levy support. Mr. Horvick reviewed several past elections and how similar local levies have fared in other jurisdictions,including trends in voting over the recent past. Some other considerations may be cost sensitivity and lowering the levy rate, alternative packages in the levy,measuring status of opinion on public safety and support for additional funding. Qualitative research with key stakeholders would help the City and Council understand the public perception. Council President Goodhouse asked how the saturation in each precinct was determined and why certain areas were or were not represented in the results. Mr. Horvick stated they look at registered voters and do their best to match the percentages in each area. Council President Goodhouse asked if former voting results would skew the overall results. Mr. Horvick stated they aim to be proportional in the community based on who is registered to vote. They also see vote frequency and were able to determine that those who voted more frequently were also in support of the levy at higher levels.That is,likely voters were more likely to say yes. Mayor Snider said one of the things he noticed was that among more frequent voters,the support levels were above 50 percent. Mr. Horvick confirmed that after a lot of messaging,most frequent voters supported the levy. He clarified that in a primary election, they could expect about 70 percent turnout,whereas in a general election they could expect approximately 85 percent turnout. He thinks the May 2020 election will have particularly high voter turnout that may include many infrequent TIGARD CITY COUNCIL MEETING MINUTES —November 5, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 14 voters,which could work against the levy. There was discussion regarding which voters to target based on their voting frequency. Councilor Newton referred to the presentation on additional research considerations. She stated that she thinks moving forward is important and her conversations with individuals demonstrate greater support once the police service issues are explained to voters. Councilor Newton said she was interested in doing more polling to see how they could shift messaging to be more compelling. She explained that the public is concerned when they hear that police cannot always respond to multiple emergencies and about the number of officers. She stated the City needs to poll what messages are most compelling. Mr. Horvick affirmed that the data is compelling,but that voters are generally satisfied with the way things are. Mayor Snider said he struggled with running a mayoral campaign by knocking on thousands of doors. Most people were interested in his position on the last levy and in those conversations, people stated they did not support the levy. The feedback he heard was simple—the last levy was too big. If focused on police services, they would have supported the levy. He is not sure what to make of that feedback, since it seems inconsistent with the polling results. Mr. Horvick said that the Mayor knows the community well going door to door allows people to have more expansive conversations. He advised the Mayor and Council to take their experiences with voters as one data point and this survey as another. Councilor Lueb said the explanations were robust and with the current political environment we are in uncharted territory. She suggested there was government fatigue and Council will need to put a lot of thought and discussion in order to contribute to the levy's success because the City needs it. Mayor Snider stated that at a practical level,he doesn't think the City can go on having 40 percent of police shifts in a City of 54,000 with 3 officers. He asked, "If not now, then when?" He said the May election should have favorable voter turnout. The history of Washington County money measures shows a 5.5%higher support in even-year May elections. Council President Goodhouse said it needed to be done now and the City and Council need to get the message right this time. He noted that the previous levy needed only four more percentage points, even with a convoluted ballot title. Mayor Snider said he thought they needed to work on cost sensitivity in the next survey. What is the minimum amount where the City would still achieve the staffing outcomes that are desired? Councilor Anderson said he was surprised and disappointed at the results,because the message could not be clearer and more defined. He anticipated better support and he did not believe having police is a luxury. He said, 'We just need to put it on the ballot year after year until it passes."Mr. Horvick commented that many organizations rework ballot titles and go back to voters for a similar reason in subsequent elections. City Manager Wine stated that staff is seeking Council guidance about doing another survey and what they may be interested in knowing. Councilor Newton said she wants to conduct additional polling in December. She asked Mr. Horvick from DHM research what he thought would be most beneficial for the next polling. He advised the City has a good grasp on communications and that future polling should prioritize testing different packages. TIGARD CITY COUNCIL MEETING MINUTES —November 5, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 13 of 14 Council President Goodhouse said he favored taking the Safe Routes to School portion out. He said he is anxious to begin working on ballot titles and testing different wording. Mr. Horvick confirmed it was not unusual to test different language within ballot titles. Councilor Anderson said the bond on a police facility was interesting,but he thinks Council should delay moving forward with it at this time. Council President Goodhouse suggested removing the Safe Routes portion. Mayor Snider said it may depend on conversations next week about cost. 7. EXECUTIVE SESSION None. 8. NON-AGENDA ITEMS None 9. ADJOURNMENT At 8:56 p.m. Council President Goodhouse motioned for adjournment. Councilor Newton seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Councilor Lueb Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton Carol A. Krager, City Recorder Attest: Jason B. Snider, Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —November 5, 2019 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov 1 Page 14 of 14 111 City of Tigard Tigard City Council Meeting Minutes TIGARD November 12, 2019 a STUDY SESSION Council present: Mayor Snider,Youth Councilor Turley, Councilor Anderson, Councilor Lueb, Council President Goodhouse and Councilor Newton. Staff present: City Manager Wine,Assistant City Manager Nyland, City Attorney Rihala, Finance and Information Services Director LaFrance and City Recorder Krager A. DISCUSS CITY CHARTER "TREASURY"PROVISIONS Mayor Snider said Tigard's Charter listed "countersigning all orders on the treasury" as a mayoral duty and he seeks clarification on what this means. City Attorney Rihala said under Oregon law, a city council is charged with interpreting its own charter. She asked if council wanted to interpret the meaning of this ambiguous language. Finance Director LaFrance said the word treasury generally refers to actuals, and actuals cannot exceed the budget. All debt issuance and banking contracts are currently approved by city council, so these are essentially being countersigned by the mayor already. If an order on the treasury is intended to cover these actions, then the City is complying with this Charter provision. If an order on the treasury is intended to cover banking activities, then the mayor would be required to countersign all checks,payroll,purchasing card payments and all other banking transfers of money out of the City. This would be a significant departure from past practice as well as being very time consuming. Council asked City Attorney Rihala to bring a resolution to a future meeting. Their interpretation is that an "order"is something like an "authorization,"and the "treasury"is something like thebudget." Mayor Snider encouraged Council to read the Charter and look for other items to consider changing. City Manager Wine said there could be a Charter update committee empaneled to look at potential amendments and noted that Tigard Charter changes must be voted on by citizens. B. COUNCIL LIAISON REPORTS Councilor Newton reported that the TYAC is scheduling a conversation with Representative Doherty in January. They are developing a youth mental health survey as they feel teens are experiencing a lot of issues, especially stress. She noted that the TYAC cooked dinner at the Good Neighbor Center and brought Halloween candy. TIGARD CITY COUNCIL MEETING MINUTES -November 12, 2019 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov I Page 1 of 11 Council President Goodhouse reported on the Lake Oswego-Tigard Water Partnership and said next step" discussions will be facilitated. He said the National League of Cities Transportation Infrastructure Committee discussed costs such as bigger stripes on roadways, and new signage that would be made necessary by autonomous vehicles sharing the roads. Councilor Anderson said Planning Commission interviews will be held for one open spot. SERA Architects was the firm chosen for the senior center housing. SERA has experience designing affordable senior housing. Councilor Lueb mentioned that she and Council President Goodhouse participated in Budget Committee interviews—eight people applied for two spots. She said the Water Advisory Board is seeking people to serve on their board. Mayor Snider reported on the SW Corridor Steering Committee meeting held on November 4, where the following recommendations were made: We are going to Bridgeport (or bust). Barbur Boulevard lane reduction is off the table. The funding gap will be filled. The MOS (Minimal Operable Segment) south of Downtown Tigard is Bonita Road or Upper Boones Ferry Road The November 18 Steering Committee meeting is postponed. Administrative Items—City Manager Wine said two citizens sent correspondence asking for reconsideration on allowing short-term rentals in Tigard. She asked Council if they wanted Community Development Department staff to bring this forward for discussion. Council consensus was to place this on the schedule for a future meeting. City Manager Wine announced that the November 19 meeting is an executive session only. Council President Goodhouse said he will be out of town. Councilor Newton asked about council outreach on the next fifth Tuesday (January). She suggested doing something at the library (Cocoa& Cookies with the Council). Council President Goodhouse suggested holding a council outreach at a Muslim Educational Trust building dinner. Councilor Lueb said her preference was to target the Tigard community regarding the levy at this time. Assistant City Manager Nyland said she will start a list of council opportunities for levy outreach. 1. BUSINESS MEETING A. At 7:31 p.m. Mayor Snider called the Tigard City Council and Town Center Development Agency meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Anderson Mayor Snider Youth Councilor Turley Council President Goodhouse Councilor Newton Councilor Lueb TIGARD CITY COUNCIL MEETING MINUTES —November 12, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 11 C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items —None. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B. Tigard High School Envoy Sarah Gentry gave a report on Tigard High activities. There is a new Spirit App which is an online platform for students to receive points based on events they attend. Club Rush and a Welcome Back assembly were among many back to school events.A Veterans Day Breakfast and Assembly were held. The THS marching band won the state championship. Mayor Snider gave THS Envoy Gentry a City of Tigard pin. Councilor Newton suggested the marching band be acknowledged. She noted that there was a long tradition of Council honoring clubs and other groups winning State awards,not just for the sports teams. City Manager Wine said it would be arranged for an upcoming meeting. C. Update from Police Chief McAlpine—The Chief noted that societal crimes were up from last year.Trespass notices have been posted at homeless camps. Officers were dispatched when a man collapsed while mowing a lawn. Two officers applied CPR and deployed an AED and the victim was revived. The "Seconds Matter"video was released. She will be tracking monthly how many times the Police Department is operating on minimum staffing. Chief McAlpine reported that ODOT has approved the City's plans and the photo enforcement pre-construction meeting is tomorrow. Highway 99W and Hall Boulevard photo enforcement will be installed in December with a 30-day warning period beginning then. Councilor Newton commented on the new police video and said it was good. She appreciated having Officer Mace with her at the Coffee with a Cop event because her social work background was helpful when responding to citizen questions. D. Tigard Area Chamber of Commerce—Community&Membership Engagement Manager Love gave an update on Tigard Chamber of Commerce events and activities. Leadership Tigard met today and learned about Tigard's history, culture and diversity. CEO Mollahan's ten-year anniversary event will be from 5-7 p.m. on Monday,December 18 at Broadway Rose Theater. She gave an end-of-year Farmers Market update:There were 11,000 patrons during the season, 55 vendors, 120 participating in the Market Sprouts Kids Club and$2,740 distributed in SNAP (Supplemental Nutrition Assistance Program) Match dollars. E. Citizen Communication— None. 3. CONSENT AGENDA (Tigard City Council) A. RECEIVE AND FILE: 1. Council Calendar 2. Tentative Agenda TIGARD CITY COUNCIL MEETING MINUTES —November 12, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 11 B. APPROVE CITY COUNCIL MINUFES August 13, 2019 September 10, 2019 C. PROCLAIM SMALL BUSINESS SATURDAY Council President Goodhouse moved for approval of the Consent Agenda and Councilor Lueb seconded the motion. Mayor Snider conducted a vote and the Consent Agenda was approved. Yes No Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton V Councilor Lueb 4. JOINT MEETING WITH TIGARD TRANSPORTATION ADVISORY COMMITTEE (TTAC) Senior Transportation Planner Roth said the TTAC represents a diverse cross-section of the community and advises staff on a broad range of transportation issues. He introduced the members: George Brandt, Elise Shearer,Richard Keast, Chair Kevin Watkins, Candi Cornils,Lindsey Wise andRuthHarshfield. He recognized members that were not present: Carine Arendes, Carl Fisher, Benjamin Gooley,Lonnie Martinez and Joseph Vasicek. He commented on the contributions made by three members whose terms expire in 2019: Elise Shearer,Kevin Watkins and Joseph Vasicek. Senior Transportation Planner Roth commended the excellent leadership provided by this committee. Mayor Snider thanked them all for their service remarked that serving the communitythewayTTACmembersdoisoneofwaysthatmakeourdemocracywork. TTAC Chair Watkins noted that their meetings are public and they welcome citizen comment. He said they accomplished a lot this year. He expressed appreciation to Engineering Project Manager Enloe,Administrative Specialist Patton and Senior Transportation Planner Roth. TTAC Chair Watkins said the TTAC spent a lot of time on the Complete Streets policy, a multi- modal transportation system recommendation that the Council approved on May 19. They reached consensus on the Transportation CIP recommendations forwarded to Council. He showed a slide of their planning calendar which tracked what they did. He described the CIP framework and prioritization categories. Twenty-four CIP transportation projects had to be prioritized. All would bring value to the city but they had to prioritize them. He described priority 1,2 and 3 requirements. He listed the six projects that are Priority 1 recommendations. The first two will helpwithtransitontheeast/west axis. Walnut street Complete Streets North Dakota Street Sidewalks TIGARD CITY COUNCIL MEETING MINUTES —November 12, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 11 121st Avenue (Walnut to North Dakota) Bull Mountain Road pedestrian crossing (at Alberta Rider Elementary School)Fanno Creek Trail Completion 72nd Avenue Improvements A look-ahead for 2020 includes the integration of the Bike/Pedestrian Subcommittee into TTAC, Complete Streets policy implementation and an update of the Transportation System Plan. They areplanningaTestimony101traininginApril. TTAC Member Shearer said when prioritizing the CIP transportation projects,they considered safety, Safe Routes to School,making sure all modes of travel were addressed including freight movement, and that funding was equally distributed around the City. TTAC Alternate Member Keast noted that he walks through Tigard a lot and sees areas needingsafetyimprovements. Other recommendations from TTAC members were to focus on soft trails, bus route enhancements,maintaining advocacy with TriMet and support for Complete Streets. TTAC will support Council by providing input on the SW Corridor. TTAC Member Watkins said having a Council liaison on TTAC helps lend legitimacy to the committee. Councilor Newton acknowledged the TTAC for their work and thoughtful CIP recommendations for Priority 1 projects that took more than just vehicles into consideration. She noted the time and effort required to winnow through the projects. Council President Goodhouse noted that TTAC walked or drove all the different areas to inform their CIP prioritization decisions. Councilor Anderson asked about the potential for the TTAC to look at changes to speed limits. Senior Transportation Planner Roth said this is underway and staff is looking at speed zones byfunctionalclass. TTAC Chair Watkins said there have been dramatic changes in Tigard,which is now an urban hub. He said they need to be conscious of Tigard's limited transportation system and make some tough decisions. There are challenges to our community as Tigard continues to grow. 5. CONSIDER RESOLUTION TRANSFERRING THE FRONTIER COMMUNICATION CABLE FRANCHISE AGREEMENT TO NW FIBER,LLC IT Network Administrator Sears introduced this item and noted that Councilor Newton is Tigard's Council liaison to the Metropolitan Area Communications Commission.Thaddeus Girard,MACC Administrator and Frontier Representative Jessica Epley were present to answer any questions. Frontier is requesting approval from each jurisdictional member of MACC to transfer the cable franchise from Frontier Communications to NW Fiber,LLC. The staff recommendation is to approve the resolution. Council President Goodhouse moved to approve Resolution No. 19-40 and Councilor Anderson seconded the motion. Councilor Newton commented that a robust discussion was held at the October 1 MACC meeting and the minutes were included in the agenda item summary. She said she supported consenting to the transfer. City Recorder Krager read the number and title of the resolution. TIGARD CITY COUNCIL MEETING MINUTES —November 12, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 11 Resolution No. 19-40—A RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF THE FRANCHISEE AND OF THE CABLE FRANCHISE GRANTED TO FRONTIER COMMUNICATIONS CORPORATION TO NW FIBER, LLC, WITH CONDITIONS Yes No Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb Mayor Snider conducted a vote and announced that Resolution 19-40 was adopted unanimously. 6. PUBLIC HEARING: CONSIDER RESOLUTION ON AMENDING THE MASTER FEES AND CHARGES SCHEDULE FOR THE SPECIAL EVENTS FEE A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony. There was a sign-up sheet at thefrontoftheroom. C. City Attorney Rihala gave the staff report. In July 2019, the City Council approved amendments to the special event permit process in the code. Staff knew there would be learning experiences and this amendment is the first one. When the fees were adopted the Public Works fee amount was used because their staff are now handling the special events process. Staff later realized that fee was larger than what was being charged by police for events such as block parties. Fees are based on the number of attendees and the duration of the event so for community events, specifically looking at Trick or Treat Main Street,it is expensive. It does not make sense to charge large fees for community events the City encourages through awarding Community Event Grants each year. Staff recommends a flat 50 fee for processing special event applications for which a City grant was given. Additional changes authorize a refundable deposit allowing Public Works or Police Departments to recover up to their actual costs of supporting a special event, such as for traffic control or security, and a change fee to help recover staff costs for processing date changes. The smaller event fee has been split to include a lower tier fee to accommodate block parties and events of fewer than 25 people. City Attorney Rihala requested a second motion to refund to Tigard Downtown Affiance the difference between the approved fee and what they paid for the Trick or Treat Main Street event. City Attorney Rihala clarified for Councilor Newton that Shelter No. 2 listed in the fees and charges schedule is the large shelter at Cook Park and "other" shelters are the rest of the park shelters. Council President Goodhouse asked if the proposed$50 event fee was for the duration of an event or each day if it goes more than one day, as the Balloon Festival does. City Attorney Rihala said it was a $50 application fee and those events are the Street Fair,Trick or Treat Main Street, Tree Lighting,Art Walk, Balloon Festival, Fourth of July and Farmers Market. He asked if there was a reason to charge an application fee or should TIGARD CITY COUNCIL MEETING MINUTES —November 12, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 11 it be zero. City Attorney Rihala said there is a cost associated with review by both Public Works and Police, especially when there is a street closure. It is a minimal amount and does not cover all the processing costs. Council President Goodhouse asked what the amount paid by Trick or Treat Main Street was and City Attorney Rihala said they paid$475 based on the previously approved ordinance. D. Public Testimony—Mayor Snider called upon those who signed up to testify. Jessica Love, 8527 SW Avon Street,Tigard, OR 97224, said she would greatly appreciate Council's approval of this amendment. She has filed many applications for city event permits in downtown Tigard for events such as the Street Fair,Trick or Treat Tigard,Tree Lighting and Farmers Market. She gave an example of what the current fee structure would cost. The Farmers Market would be close to $5,000 and it cannot take on that expense. The money would have to be found elsewhere,and how the market is funded now is through vendor space fees and grants, etc. She said these events are valuable to our community and she would appreciate Council consideration of the amendment. E. Response to testimony by staff. None F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Resolution No. 19-41 Councilor Lueb said she thought the City Attorney was correct in identifying these as unintended circumstances of the changes made. She supported making the refund retroactive in this case, especially after attending Trick or Treat Main Street and seeing how many excited Tigard residents were there for the event. Council President Goodhouse moved to approve Resolution No. 19-41. Councilor Newton seconded the motion. City Recorder Kroger read the number and title. Resolution No. 19-41 —A RESOLUTION AMENDING THE MASTER FEES AND CHARGES SCHEDULE FOR SPECIAL EVENT PERMITS Yes No Councilor Anderson V Mayor Snider V Council President Goodhouse V Councilor Newton V Councilor Lueb Council President Goodhouse moved to refund to the Tigard Downtown Alliance the difference between the application fee they paid for Trick or Treat Main Street and the amended fee. Councilor Lueb seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Councilor Anderson Mayor Snider V Council President Goodhouse V Councilor Newton Councilor Lueb V TIGARD CITY COUNCIL MEETING MINUTES —November 12, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 11 Mayor Snider convened the Town Center Development Agency for the next two items. 7. TOWN CENTER DEVELOPMENT AGENCY: CONSIDER 90-DAY EXTENSION FOR DEVELOPMENT AND DISPOSITION AGREEMENT Redevelopment Project Manager Farrelly gave the staff report. He said the TCDA Board is being asked to approve the second 90-day extension to the development and disposition agreement DDA)with AVA Tigard Development,LLC. He gave some background on the project. In May 2015 the Board authorized execution of a DDA with AVA Tigard Development,LLC to build a mixed-use project on the agency-owned property on Main Street. The DDA spells out responsibilities and details of conditions that had to be met before the Agency would sell the property to the developers. The effective date of the DDA was August 16,2018. It provided for two parties to extend the closing date beyond August 18,2019. Due to a request from AVA for more time for refusing their development plans, the TCDA authorized the First Amendment,which gave AVA a 90-day extension of the closing date to November 14,2019. Seven milestones were due and if met,the TCDA would consider a second amendment if those milestones were met. Mr. Farrelly discussed the status of each of the seven milestones. He noted that Milestone d,which was to receive a BOLI determination pursuant to DDA Section 6.6.2(g),has not been completed. AVA submitted a letter with supporting information to the Oregon Board of Labor and Industries BOLT) on September 26,2019 but has not received a determination. Staff finds that AVA has made a good faith effort to meet this requirement. Milestone f was met today as AVA's attorney confirmed that they are satisfied with the property. Milestone g was met on November 7 when the developer received preliminary Vertical Housing Development Zone approval. If the TCDA approves the second 90-day extension,AVA will have until February 12,2020 to complete the remaining milestones: final land use approval, completion of the construction plan, approval of permits and completion of final financing plan. Staff recommends approval of the second 90-day extension to the Development and Disposition Agreement. Director Anderson moved for approval of the 90-day extension of the Development and Disposition Agreement. Director Newton seconded the motion. Chair Snider conducted a vote and the motion passed unanimously. Yes No Director Anderson Chair Snider Director Goodhouse Director Newton Director Lueb 8. TOWN CENTER DEVELOPMENT AGENCY: CONSIDER RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TCDA TO COMPLETE THE ACQUISITION OF AN EASEMENT ON LAND ADJACENT TO 12562 SW MAIN STREET TIGARD CITY COUNCIL MEETING MINUTES —November 12, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 11 Redevelopment Project Manager Farrelly presented this item on the acquisition of land adjacent to 12562 SW Main Street related to the Fanno Creek Overlook project. This project is for public space for an overlook to the creek and a resting place along the Fanno Creek Trail and an attractive amenity for downtown residents and visitors. The TCDA Board is requested to authorize the Executive Director of the TCDA to sign an Agreement to Convey easement. Once properties are acquired, design and engineering for the driveway expansion and trail/public space projects will begin. TCDA Director Lueb moved to approve TCDA Resolution No. 19-09.TCDA Director Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. TCDA Resolution No. 19-09—A RESOLUTION APPROVING AN AGREEMENT TO CONVEY AN EASEMENT ON LAND ADJACENT TO 12562 SW MAIN STREET AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TOWN CENTER DEVELOPMENT AGENCY TO TAKE ALL NECESSARY ACTIONS TO COMPLETE THE AGREEMENT ON BEHALF OF THE AGENCY TCDA Chair Snider conducted a vote and the motion passed unanimously. Yes No Director Anderson Chair Snider Director Goodhouse Director Newton Director Lueb Chair Snider reconvened the City Council for the next agenda item. 9. REVIEW LOCAL OPTION LEVY COST ASSUMPTIONS Finance and Information Services Director LaFrance and City Manager Wine led a discussion continued from the November 5 Council meeting on the proposed levy rate, cost and service assumptions. City Manager Wine said staff is seeking additional direction on ballot title language and costing. The service need is an additional officer for each patrol shift, specially trained officers to address homelessness issues in Tigard, de-escalation training for all sworn officers and pedestrian/bike safety improvements near schools. The initial costing process from the April 23, 2019 Council meeting was .46 cents per thousand and the cost for a typical home was $125. The total increase in the property tax bill would be less than 3%. At Council's request the staff has revised costs taking a detailed, targeted,incremental approach,based on estimated actuals. City Manager Wine said support costs were included because it allows officers to focus on police work,reducing time and risk associated with work created through police work and support services address essential needs. She said if this is not added all officers would have a lower level of TIGARD CITY COUNCIL MEETING MINUTES —November 12, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 11 support. There is 3 FTE for property and evidence. Most of the records are generated by patrolofficers. This is consistent with the current ratio of sworn to non-sworn staff. There is also .50 FTE (limited duration) in HR to expedite police officer recruitment, .2 FTE for design and communication work for levy communication prior and throughout the life of the levy and anincreaseinhelpdeskcontractforadditionalstaff(1.5 FTE). The Police Department has the most technology systems and this FTE would provide support for all sworn officers. Finance and Information Services Director LaFrance described the revised costing for 10 officers. It had included overtime and 6.25 percent incentive pay, ongoing materials and services includingfuel,vehicle maintenance, equipment allowance and training. One-time costs such as vehicles and computers would be paid for by savings, shaving off one cent from the tax per thousand. He showed a slide of levy savings factors detailing how .46 cents was reduced to .36 cents. Less conservative growth rate assumption = $0.01 Paying one-time costs from salary savings during recruitment = $0.01 Detailed costing focusing on variable costs and removing fixed costs = $0.08 Cost to a typical home with an assessed value of$280,040 would be$101 annually. He asked Council for direction and said a second poll could focus on rate alternatives. He said while a less expensive levy without support costs might pass more easily, the challenge is that the level of support would be at a lower level. Mayor Snider said it was impossible to argue that there are no economies of scale. He said it takes no more time to negotiate a union agreement for 89 officers than it would for 69, for example. Chief McAlpine said she appreciated the work Finance Director LaFrance and Police Business Manager Shaw did to put together the various support costs. She added that the most urgent need is to get the response time minutes down and to get help addressing the homeless impacts. Council President Goodhouse said he is in favor of direct costs, de-escalation training, and removing Safe Routes to Schools from the levy to reduce the cost to 33 cents. Councilor Lueb noted that she cannot support in good faith something that doesn't include support staff to help make the officers successful. She said without it the department is being set up for future failure. The police data analysis was requested by Council and it needs to be funded. She said it was hurtful,but she recommends removing the SRTS and going with 33 cents. Councilor Anderson said he supports the direct costs, 33 cents and removal of SRTS. Councilor Newton asked if there wasn't a concern that we are shaving support for the Police Department in the future. She said she would like to see SRTS funded but it can be confusing to people. She said she was willing to raise the cost a little higher to get reasonable support for the officers. She asked Chief McAlpine if she was comfortable and when she indicated yes, Councilor Newton said she could agree to 33 cents. Mayor Snider asked about putting the words "direct costs" and "data informed policing support"in the ballot caption. City Attorney Rihala said the limited word count would not allow enough to add TIGARD CITY COUNCIL MEETING MINUTES —November 12, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 10 of 11 the wording about support staff. She said the .20 FTE HR cost does not have to be listed but could be acknowledged in the title. Both Mayor Snider and Councilor Anderson said 29 cents sounded better than 30 cents. Council President Goodhouse said he would prefer to see it at 29 cents but was willing to go with 33 cents. Council President Goodhouse asked if PERS and police union contract negotiations were factored into the calculations and Finance Director LaFrance said they were,with caveats about a recession and PERS increases. Councilor Newton said people at a coffee event she attended shifted their opinions when theyheardthefundingwouldbededicated. She said they also asked what the officers would prefer and noted that de-escalation was deemed important. City Manager Wine said she will contact DHM about polling for the first week in December. Council suggestions were to shorten the number of questions in the survey,include questions about sensitivity to lower costs, ask whether they attended any levy outreach events, and test the messaging about dedicated funding. Council President Goodhouse emphasized he wants to keeptheMay2020electiondate. 10. NON-AGENDA ITEMS There were none. 11. EXECUTIVE SESSION None held. 12. ADJOURNMENT At 9:34 p.m. Councilor Lueb motioned for adjournment. Councilor Anderson seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb Carol A. Krager, City RecorderAttest: Jason B. Snider, Mayor Date TIGARD CITY COUNCIL MEETING MINUTES —November 12, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 11 1111 City of Tigard Tigard City Council Meeting Minutes TIGARD November 26, 2019 STUDY SESSION 6:30 p.m. Council Present: Mayor Snider, Councilor Newton, Councilor Lueb, Council President Goodhouse and Councilor Anderson. Staff Present: City Attorney Rihala and HR Director Bennett At 6:30 p.m. Mayor Snider announced that the Tigard City Council would be entering into an Executive Session called to review and evaluate the employment-related performance of the Chief Executive Officer under ORS 192.660(2)(i). The Executive Session ended at 7:20 p.m. 1. BUSINESS MEETING A. At 7:32 p.m. Mayor Snider called the City Council and Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Youth Councilor Turley Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Snider asked staff and council if they had any non-agenda items. Councilor Lueb asked to add an item to the agenda. Mayor Snider said they could add it to the agenda as Item 5. Councilor Lueb said it was to ask staff to bring forward a resolution to support bringing the little League Softball World Series to Tigard. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None TIGARD CITY COUNCIL MEETING MINUTES —November 26, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 7 B. Citizen Communication Kevin Robinson, 12985 SW 116th Place,Tigard, OR 97223 Mr. Robinson stated he was accompanied by multiple members of the Tigard Little League Board. He said their proposal was a longshot,but they want to move the Little League Alpenrose Field to Tigard's Cook Park. They have been in contact with Little League International and they need the City to commit to the plan,because it would require upgrades at Cook Park and concurrently exploring the possibility of developing the Lasich property,purchased for$1.4 million,into a sports complex. Mr. Robinson stated the Tigard Little League (TLL) program is serving disadvantaged populations in Tigard and making positive contributions to kids'lives.Youth sports has become big business. The organization wants to build a park that is usable year-round by kids of all socioeconomic backgrounds,while pushing to make Cook Park the home of the Little League World Series. They have discussed and understand the limitations,but also believe Tigard is a creative community and it has a good credit rating.This will not benefit TLL except by continuing to improve youth sports facilities and nurturing the softball community. Mayor Snider thanked him for his comments,but asked Council to hold their discussion until later in the agenda under Item 5. 3. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE TO ADOPT UPDATED PUBLIC FACILITY PLAN (CPA2019-00002) A. Mayor Snider opened the Public Hearing. B. Mayor Snider announced that there was a sign-up sheet at the front of the room, and anyone may offer testimony. C. Assistant Planner Smith gave the staff report with a PowerPoint presentation. Public facilities include stormwater,water, sanitary sewer and park facilities. It is important to plan not only for the current population needs,but also for future population growth, a lot of which has occurred in River Terrace. The City has been able to plan for public facilities through the master plans adopted for River Terrace,as well as the Stormwater Master Plan. The Public Facility Plan Update shows how the City is planning for public facilities and complying with statewide planning goals. The City has many existing master plans that include inventories and project lists that have now been incorporated by reference in the updated Public Facility Plan. Some primary changes include adding the City's partnership with the City of Lake Oswego on the Tigard- Lake Oswego Water Partnership and updating outdated references, adding information about the River Terrace plan and updating wording and grammar for clarity. This plan allows the City to remain in compliance with Metro Code,Tigard Comprehensive Plan and the Tigard Community Development Code. The Planning Commission unanimously recommended approval of the Updated Public Facility Plan on October 21,2020. D. Mayor Snider called upon those who signed up to testify or anyone wanting to testify— There was none. E. Response to testimony by staff—None. TIGARD CITY COUNCIL MEETING MINUTES —November 26, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 2 of 7 F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration of Ordinance 19-18. Councilor Anderson stated that the Comprehensive Plan must be updated anyway, and this is a housekeeping measure. Councilor Newton commented that staff have done a good job of keeping up with master plans and she is supportive of approving the updated plan. Councilor Lueb made a motion to approve Ordinance No. 19-18. Council President Goodhouse seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 19-18—AN ORDINANCE ADOPTING COMPREHENSIVE PLAN TEXT AMENDMENT CPA2019-00002 TO UPDATE THE TIGARD PUBLIC FACILITY PLAN,AND TO UPDATE THE PUBLIC FACILITIES AND SERVICES CHAPTER OF THE TIGARD COMPREHENSIVE PLAN Mayor Snider asked if there was any further discussion. He recognized the many hours staff spent on this project and keeping up on the master plans. City Recorder Krager conducted a roll call vote and the motion passed unanimously. Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider 4. RECEIVE CAPITAL IMPROVEMENT PLAN UPDATE City Engineer Faha presented this item with a PowerPoint presentation that included videos of a large water main break where an 8-inch cast-iron water pipe broke on Greenfield Drive,just up from Gaarde Street near 132"d Avenue. Staff is still working on it and significant damage was caused by the break when it excavated rock and soil causing huge voids underneath the road. About 60 cubic yards of material has been hauled away, at least half a dozen dump truck loads of material. City staff will have an engineering analysis done. The street may be closed for six months because the City will have to completely rebuild the roadway. Right now,Ms. Faha estimates it will cost about$500,000 to $1 million to rebuild the roadway,paid for by water funds. Traffic detours are currently in place. Mayor Snider asked how old the pipe was and when it was last inspected. City Engineer Faha explained it was a cast-iron water pipe, so probably was around 40 years old.These are typically more brittle, and this pipe was placed on native soil,whereas now it would be built on gravel bedding. Staff cannot inspect water lines as easily as sanitary sewer lines which you can TIGARD CITY COUNCIL MEETING MINUTES —November 26, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 7 send a camera down through,because they have water flowing through them. This was listed incorrectly as a newer pipe in the City's asset management system. City Engineer Faha played a video and described what was pictured. She stated the force pushed the new pavement up over six inches high. She explained that it needs to be closed because the void under the pavement extends throughout and is not safe to drive on. Councilor Newton asked if there were homes accessing the section of road facing it and Ms. Faha said it is fortunate no homes faced the street. She said City staff will try to save the sidewalks,but pavement cannot be saved.Another delay is due to not being able to pave in winter because the product would not be as good. Council President Goodhouse asked if there were more errors in the asset management system. City Engineer Faha said there may be more errors due to the immense volume of entries. The City is in the process of looking for another asset management system that will work with the City's GIS software and this transition will be a good opportunity to review that data and use it to make more informed plans in the future. City Engineer Faha explained the layout of her report packet on the Capital Improvement Plan. In Parks,Tigard Street Heritage Trail is under construction. Work will continue through December,with very limited construction between Thanksgiving and Christmas,which is not typically even allowed during this period.At the Fanno Creek Trail open house on November 20th many people provided their input. Staff are working on designing the last segment of the trail between Bonita and Durham roads. Staff have been working on gathering public and partner input on desired trail amenities and local agencies came together to help address the flooding on the Fanno Creek Trail under Scholls Ferry Road. The Parks Master Plan is now underway,with public involvement coming soon. The Universal Plaza project will also be kicking off very soon. Reporting on Streets,Ms. Faha updated the Council on the adaptive signals at Upper Boones Ferry and Durham Roads. She said it was first delayed by ODOT,but now Federal Highway Administration approval is needed to implement the software. Staff hope to complete this project in the next year. The North Dakota Street bridge is in consultant selection. It needs to be replaced soon and the Tigard Street bridge needs to be replaced following that. Around this same time ODOT will be adding lanes to Highway 217 and will need to close Hall Boulevard for 6 to 8 months. The Transportation System Plan update is getting started and the Main Street Phase 2 consultant contract has been awarded. There are several large Water projects starting,including rehabbing aquifer water storage and wells so that water can be available in the summer months.Another reservoir and pump station project will be going out to bid in the coming months. For Sewer projects Engineer Faha noted that the downtown sewer line needs to be repaired before the Main Street project begins. In Stormwater,two projects have been completed. The Tigard Triangle Stormwater Plan is underway with Clean Water Services,which will hopefully rehabilitate Red Rock Creek to lessen erosion and add a nearby trail. TIGARD CITY COUNCIL MEETING MINUTES —November 26, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 7 City Engineer Faha said the ADA Plan will come before Council next week for consideration. The Public Works facility project is in process. City Engineer Faha highlighted the 72nd Avenue Study and made handouts available to the audience. A copy has been added to the record for this meeting. The plan helped staff define what 72nd Avenue should look like in the Tigard Triangle. Staff will now be looking at what code changes and Transportation System Plan changes are needed. There is more of a focus on pedestrians/bikes/transit/cars and freight. Citizen input asked for physically separated bike lanes,wide sidewalks,more safe crossing opportunities, on-street parking and amenities. Staff recommendations are different all the way down 72nd Avenue. The demands are different north of Dartmouth Street than those south of Dartmouth Street. On the south side it is difficult to accommodate more traffic and still have safe pedestrian crossings. South of Dartmouth, the goal is to have outside lanes available for parking, except for peak driving hours in the morning and evening times,when it can be used for travel. It will allow accommodation for congestion during those times of day,but also allow for parking when it is most needed. Mayor Snider noted these designs are also more flexible for the future if we need to change the right-of-way and he thought it was very creative. Council President Goodhouse asked about the vision for future streets within the Triangle. Ms. Faha explained that the Transportation Plan and Tigard Triangle Plan envision more of a grid street system, so you can imagine what would be there if redevelopment occurred and those roads went through. City Engineer Faha showed photos of bank stabilization and rebuild of the eroding creek bank, as well as a culvert replacement at 124th Avenue at Ann Court while also filling in a sidewalk gap with porous concrete. 5. NON-AGENDA ITEMS Councilor Lueb said that Mr. Robinson spoke positively about bringing the Little League World Series (LLWS) of Softball to Tigard. This is a once in a lifetime opportunity and a chance to see if this is what our community wants. There are many benefits to giving kids access to sports. The Tigard Little League group is requesting a resolution stating this is something the City supports, and it is a first step to make LLWS take it seriously. Mayor Snider clarified that Councilor Lueb is asking Council to consider a resolution to support exploring this. She asked staff to prepare a resolution for this purpose if the Council chooses to move ahead. Council President Goodhouse stated he thinks it is a great idea. Tigard is a growing community with other places of interest like the Washington Square Mall and available hotels. It would bring a lot of additional support to Tigard Little League (ILL). Nike also has money to help build ballfields. Councilor Anderson stated he was supportive of TLL and that the City should explore this with private money,potentially Nike or Adidas. Because of the Police Services local option levy, the Council should be clear that this would be a separate pot of money.The Lasich property is a perfectly flat,beautiful property that could be a "diamond in the community." However, development is ten years out as it is currently not in the urban growth boundary so TIGARD CITY COUNCIL MEETING MINUTES —November 26, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 7 we cannot construct yet. The City is already looking at installing turf infields at Cook Park. He said he would love to attend games there and is supportive of a resolution but noted there is a lot of work to be done. Marcos Perez, 11675 SW Fairview Lane,Tigard, OR 97223 said he is on the Tigard Little League Board and is the softball fields. He spoke in favor of this proposal. He said Tigard is way behind sister cities around it in terms of sports facilities and drawing people to spend money in Tigard. The city puts a tremendous amount of resources into trails that allow people to transit through Tigard,but we don't give them a reason to come to Tigard. This is an opportunity to collect revenue by hosting tournaments. He said he spends a lot of money in Newberg every weekend during sports seasons but does not spend it here in Tigard because tournaments are not held here. He stated that it is an opportunity to consider what the City is offering the taxpayers. People that travel through on trails are not bringing in revenue. This proposal has a dual purpose to serve citizens as well as youth sports. He hopes that the Council will consider this soon. The sooner Cook Park can be turned into a year-round facility, the sooner the City can attract revenue. Councilor Anderson clarified that the Cook Park fields are already underway,and part of the Capital Improvement Plan so will be done in a year or two. Development of the Lasich property is years down the road. The World Series is a separate issue than improving park infrastructure. Mr. Perez spoke from the audience and said he agreed but noted that support would have to happen soon. Youth Councilor Turley stated that she appreciates the resolution being presented. More sports facilities are needed, and Tigard youth would be appreciative. Councilor Newton said she was supportive of the concept but would be interested in what projects would change in the current CIP to allow this event to happen. She said another issue is the tax rate in Tigard being unable to support parks and recreation in comparison to neighboring communities. She asked what kind of commitment the City was being asked to make. Public Works Director Rager stated that they had just met with representatives of LLWS last week and there are a lot of remaining details to be discussed. First, Southside Soccer Club has the fields reserved for their purposes during the time the World Series would take place and had to agree to give them up for the LLWS,which they did. Second, the City hosts four Concerts in the Park, two of which held at Cook Park and would be affected by the LLWS. This would require relocation. Some other requirements include a perimeter fence,an outfield fence, and an announcer's tower. Mr. Rager said that an announcer's tower could not be permitted and built in time and so ESPN would bring in a temporary structure. There may be other items that are still to be discussed. Councilor Newton asked if Mr. Rager could provide additional information and definition of what it would take when staff brought back a resolution for Council consideration. She does not want to mislead the TLL group if it's going to be a heavy lift. Mayor Snider said the City would need to move at tremendous speed it does not normally move at in order to accommodate hosting the LLWS,but that he is in support. TIGARD CITY COUNCIL MEETING MINUTES — November 26, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 6 of 7 City Manager Wine said staff would bring back a resolution, a plan and a general timeline. She said this could be on the agenda as soon as December 10 and she is unaware of what was required for the application at the national level. Mayor Snider asked for confirmation that a resolution of support considered on December 10 would meet their TLL desired timeline. Mr. Perez agreed that it would. 6. EXECUTIVE SESSION At 8:39 p.m. Mayor Snider announced that the Tigard City Council will go into Executive Session to review and evaluate the employment-related performance of the Chief Executive Officer under ORS 192.660(2)(i).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. Council will adjourn from Red Rock Creek Conference Room at the conclusion of the Executive Session. The executive Session ended at 9:05 p.m. 7. ADJOURNMENT At 9:05 p.m. Councilor Anderson moved for adjournment and Councilor Lueb seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —November 26, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 7 INIIli City of Tigard Tigard City Council Meeting Minutes TIGARD December 3, 2019 1. BUSINESS MEETING A. At 6:31 p.m. Mayor Snider called to order the City Council,Town Center Development Agency and the Local Contract Review Board meeting. B. City Recorder Krager called the roll. Present Absent Mayor Snider Youth Councilor Turley V Council President Goodhouse V Councilor Newton V Councilor Lueb V Councilor Anderson C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Snider asked staff and council if there were any Non-Agenda items—None. 2. PUBLIC COMMENT A. Follow-up to Previous Citizen Communication—None. B. Public Comment—No one signed up to speak. 3. CONSENT AGENDA (Tigard City Council&Local Contract Review Board) A. CONSIDER APPROVAL OF ODOT LOCAL AGENCY AGREEMENT FOR ARTS All Roads Traffic Safety Program) 99W STREETLIGHTS Councilor Lueb moved to approve the Consent Agenda as presented. Councilor Newton seconded. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Mayor Snider V Council President Goodhouse V Councilor Newton V Councilor Lueb V Councilor Anderson V TIGARD CITY COUNCIL MEETING MINUTES — December 3, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 14 4. CONSIDER RESOLUTION APPOINTING TOWN CENTER ADVISORY COMMISSIONMEMBERS Redevelopment Project Manager Sean Farrelly presented the staff report, advising approval of the resolution appointing new members to the Town Center Advisory Commission (TCAC). He explained that the TCAC is the advisory body to the Town Center Development AgencyTCDA). If approved, the resolution would reappoint Renette Hier and Kate Rogers, as well as appoint Elise Shearer as voting members of the TCAC. The resolution appoints Teri Karren- Keith and Katlyn Prentice as non-voting alternate members. It also appoints Justin Watson as a non-voting ex-officio member of the TCAC. Teri Karren-Keith was in attendance at the meeting. Councilor Lueb made a motion to approve Resolution No. 19-42. Council President Goodhouse seconded. City Recorder Krager read the number and title of the resolution. Resolution No. 19-42 A RESOLUTION REAPPOINTING RENETTE HIER AND KATE ROGERS AND APPOINTING ELISE SHEARER AS VOTING MEMBERS OF THE TOWN CENTER ADVISORY COMMISSION,'PERI KARREN-KEITH AND KATLYN PRENTICE AS NON-VOTING ALTERNATE MEMBERS AND JUSTIN J.WATSON AS A NON-VOTING EX OFFICIO MEMBER Yes No Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson V Mayor Snider shook hands with the new member present and gave her a City pin. 5. CONSIDER RESOLUTION APPOINTING TIGARD TRANSPORTATION ADVISORY COMMITTEE MEMBERS Senior Transportation Planner Dave Roth presented the staff report to appoint new members to the Tigard Transportation Advisory Committee (ft Ac). He explained the resolution proposed would reappoint Lindsey Wise and appoint Alan Eckert, Richard Keast and Holly Koontz as voting citizen representative members. It would also appoint Serge Killingsworth and Sarah Serata as non-voting alternate members of the TTAC. He noted that Lindsey Wise,RichardKeastandSarahSeratawereallinattendance. Councilor Lueb moved to approve Resolution No. 19-43. Councilor Andersons seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 19-43 —A RESOLUTION REAPPOINTING LINDSEY WISE AS A VOTING MEMBER,APPOINTING ALAN ECKERT,RICHARD KEAST AND HOLLY KOONTZ AS VOTING MEMBERS AND APPOINTING SERGE KILLINGSWORTH AND SARAH SERATA AS NON-VOTING ALTERNATE MEMBERS OF THE TIGARD TRANSPORTATION ADVISORY COMMITTEE TIGARD CITY COUNCIL MEETING MINUTES — December 3, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 14 Yes No Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb V Councilor Anderson V Mayor Snider shook hands with the new members present and gave them City pins. 6. CONSIDER RESOLUTION APPOINTING PLANNING COMMISSION MEMBERS Assistant Community Development Director Tom McGuire presented the staff report to appoint new members to the Planning Commission. The proposed resolution would appoint Jamie Watson and Alexandria Quinones as voting members and Craig Shuck as a non-votingalternatemember. Councilor Anderson moved to approve Resolution No. 19-44. Councilor Newton seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 19-44—A RESOLUTION APPOINTING JAMIE WATSON AND ALEXANDRIA QUINONES AS VOTING MEMBERS OF THE TIGARD PLANNING COMMISSION,AND APPOINTING CRAIG SCHUCK AS A NON- VOTING ALTERNATE MEMBER Yes No Mayor Snider Council President Goodhouse Councilor Newton V Councilor Lueb V Councilor Anderson V Assistant Community Development Director McGuire said that both Alexandria Quinones and Craig Schuck were in attendance. Mayor Snider shook hands with the new members present and gave them City pins. Councilor Lueb thanked everyone who was appointed and thanked them for their service. Councilor Newton echoed the sentiment and said the City was lucky to have so may peoplewillingtostepup. 7. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENTS TO TIGARD MUNICIPAL CODE 7.58 CONDUCT ON CITY PROPERTY A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony. There was a sign-up sheet available. No one signed up to speak C Police Commander McDonald gave the staff report. He explained staff were requesting amendments to the Tigard Municipal Code (TMC) Chapter 7.58 regarding rules of conduct on City property. He explained the reason the amendments are needed are to revise language that is both civil and criminal,update the exclusion process,and other housekeeping changes TIGARD CITY COUNCIL MEETING MINUTES —December 3, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 14 to make it easier to read. It also removes outdated language, such as the ban on camping on all City property,which has been held unconstitutional. D. Public Testimony—Mayor Snider called upon those who have signed up to testify. There were none. E. Response to testimony by staff. None. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 19-19 Councilor Newton asked if the ordinance would remove prohibition of camping on all City property. Commander McDonald confirmed it would. She asked if it precluded the CityfromdealingwithbehaviorthatisinappropriateonCitypropertythroughexclusionand whether that was a separate matter. Commander McDonald affirmed that it was a separate issue and that people could still be excluded from City property. Councilor Lueb moved to approve Ordinance No. 19-19. Council President Goodhouse seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 19-19—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 7.58 REGARDING RULES OF CONDUCT ON CITY PROPERTY Mayor Snider asked City Recorder Krager to conduct a roll call vote. The motion passed unanimously. Yes No Mayor Snider Council President Goodhouse Councilor Newton V Councilor Lueb Councilor Anderson 8. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENTS TO TIGARD MUNICIPAL CODE 7.52 RELATING TO PARK PROPERTY RULES A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony. There was a sign-up sheet available. No one signed up to speak. C. City Attorney Rihala gave the staff report. She explained these amendments were related to conduct specific to City park property.The changes to the ordinance include updating historical references and other unnecessary language,including redundancies with other sections of the City code. The amendments would also prohibit camping within sensitive lands as defined by the Tigard Community Development Code (CDC). Since the City cannot prohibit camping on all City property, this allows the City to protect these sensitive lands to protect health and human safety and wildlife. Councilor Newton asked whether most of the City's parks close at dusk. City Attorney Rihala said that is the case but the code provision is not uniformly enforced. For instance, TIGARD CITY COUNCIL MEETING MINUTES—December 3, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 14 the City does not prohibit runners or walkers through parks after dark and so it causes an equal protection issue for the City. Councilor Newton said that historically one of the major safety issues were that parks were not well lit after dark. She expressed concerns about the City's liability for the safety ofpeopleintheparkafterdark. Mayor Snider asked if that was taken into consideration in this ordinance. City AttorneyRihalasaidthatthelightingisnotaconsiderationwithinthecurrentamendments,which focus on the time,place and manner the City can prohibit camping. She replied that staff could certainly consider it. Councilor Newton said the City previously prohibited people in the parks after dusk due to the bad lighting and risk of injury. D. Public Testimony—Mayor Snider called upon those who signed up to testify. There were none. E. Response to testimony by staff—None. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 19-20 Council President Goodhouse moved to approve Ordinance No. 19-20. Councilor Anderson seconded. City Recorder Krager read the number and title of the ordinance. Ordinance No. 19-20—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 7.52 REGARDING PARK PROPERTY USE Mayor Snider asked City Recorder Krager to conduct a roll call vote. The motion passed unanimously. Yes No Mayor Snider V Council President Goodhouse Councilor Newton V Councilor Lueb Councilor Anderson V 9. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENTS TO TIGARD MUNICIPAL CODE REGARDING RESIDENTIAL PARKING A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony. There was a sign-up sheetavailable. No one signed up to speak C. Police Commander McDonald and Sergeant Erickson provided the staff report. Commander McDonald explained that they are requesting an amendment to the TMC for residential parking zones. Sergeant Erickson stated this process began with a request for residential parking zones around the high school. The existing process has been largely unchanged since its inception in 1990. It requires unanimous consent from all propertyownersfortheresidentialparkingzonetobeadded. Staff looked at what other cities in the TIGARD CITY COUNCIL MEETING MINUTES —December 3, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 14 area were doing to create a more reasonable process that incorporated public comment wherever possible. Sergeant Erickson said that existing residential parking zones would be grandfathered into the new program. Mayor Snider clarified that existing parking zones would not disappear, and Commander McDonald said that yes, existing zones would fall under the new code with their current boundaries. D. Public Testimony—Mayor Snider called upon those who signed up to testify.—None. E. Response to testimony by staff—None. F. Close Public Hearing—Mayor Snider G. Council Discussion and Consideration: Ordinance No. 19-21 Councilor Newton asked Commander McDonald to explain the percentages for the petition and the votes,which may be helpful to the viewing public. He explained that under the recommended process, 60 percent of the affected property owners are required to sign the petition. The Police Department reviews the application,has a meeting and conducts a vote. At the conclusion of the vote, 70 percent of the votes need to be returned and 75 percent need to agree to the proposed plan. Councilor Anderson said a lot of these problems are due to construction at the high school. He suggested that once the school project is completed there will be additional zones. Existing zones will continue to be necessary and will remain the same. Mayor Snider pointed out that many of these zones existed before the high school construction. Commander McDonald agreed and stated that once construction is complete, some pressure will be relieved. Some of the zones however,provide a reasonable solution to property owners trying to park in the area. Council President Goodhouse asked if these zones were only around schools or also in neighborhoods. Commander McDonald replied that these amendments focus on non- residential impacts only and that there are other code segments for parking regulations, blocking mailboxes or driveways,as well as how to address other parking issues. Commander McDonald said that as the City increases in density, these are the types of considerations staff will need to balance. These issues will become increasingly important as Tigard grows and Police staffing will need to shift to accommodate changing trends. Councilor Lueb said this has affected a lot of residents'quality of life. It is hard not to park in front of your own home. She commended the City and Police department for listening to these concerns,researching and bringing back a thoughtful plan. She said she likes the idea of having a dedicated officer to focus on parking and holding those cars that continuallybreakparkingregulationsaccountable. Mayor Snider asked if there was a communication plan to inform current property owners within residential parking zones and property owners who have attended public meetings. Commander McDonald said they had considered how to inform the public. He anticipates going back to the citizens living in the current zones and introducing the new protocols they will be required to follow. Once staff move forward and have a designated staff person, they will begin the enforcement education process and hope to create a robust parking program. TIGARD CITY COUNCIL MEETING MINUTES —December 3, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov ( Page 6 of 14 Mayor Snider said that this issue is one of the top 2-3 he is contacted about from citizens. He asked what the planned timing of the rollout would be so he can answer these questions. Commander McDonald said they are requesting the ordinance not take effect until February1,2020 in order to prepare their implementation. Councilor Lueb moved to approve Ordinance No. 19-21. Council President Goodhouse seconded. Mayor Snider asked City Recorder Krager to read the number and title of the ordinance. Ordinance No. 19-21 —AN ORDINANCE ADOPTING TIGARD MUNICIPAL CODE CHAPTER 10.30 RELATED TO RESIDENTIAL PARKING ZONES Mayor Snider asked City Recorder Krager to conduct a roll call vote. The motion passed unanimously. Yes No Mayor Snider V Council President Goodhouse V Councilor Newton V Councilor Lueb V Councilor Anderson V Mayor Snider thanked staff for the hard work on this project,which produced hundreds of emails between City staff and the public. He said this situation is not easy,but it's an important livability issue. 10. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENT TO TIGARD MUNICIPAL CODE TO REPEAL 10.28.175 A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony. There was a sign-up sheet available. No one signed up to speak. C Police Commander McDonald gave the staff report. He explained that this amendment would repeal the former Residential Parking Program. Since Council approved the previous ordinance,the old program would conflict with the new amendments. D. Mayor Snider called upon those who have signed up to testify. E. Response to testimony by staff—None. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 19-22 Councilor Anderson moved to approve Ordinance No. 19-22. Councilor Lueb seconded. City Recorder Krager read the number and title of the ordinance. Ordinance No. 19-22—AN ORDINANCE REPEALING TIGARD MUNICIPAL CODE 10.28.175 Mayor Snider asked City Recorder Krager to conduct a roll call vote. The motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES—December 3, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 14 Yes No Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson 11. CONSIDER RESOLUTION ADOPTING THE AMERICANS WITH DISABILITIES SELF-EVALUATION AND TRANSITION PLAN Central Services Director Robinson and City Engineer Faha gave the staff report as project managers for this Transition Plan. They last updated Council on the project in August 2019 and they were present to request Council adopt the final plan this evening. The Americans with Disabilities Act (ADA) was signed into law in 1990. Title II of the law requires local governments make activities and facilities accessible to people with disabilities. They completed the first transition plan in 1993 and have made minor edits since then,but this project represents the first comprehensive review of the City's ADA Transition Plan. Central Services Director Robinson explained that staff worked with MIG to assess the City's policies and programs, conduct a staff questionnaire,identify a list of barriers as well as compose an ADA focus group to provide input on the plan.The consultant team also performed an audit, including all public facilities, spaces and parks, to collect detailed data on existing conditions. This allowed the City to prioritize these ADA upgrades in order to implement them over time. The focus group identified some key items for implementation at the earliest possible time. These included increasing accessibility at City events conducted through third parties,public notice and meeting accommodations, as well as staff training. The group suggested the City make contact information available and accessible through multiple sources, e.g. phone,email,and in person, etc. As part of this process, they conducted an online survey. Interestingly,people were more interested in having sidewalks fixed than installing curb ramps. The survey found that members of the public who are not technically disabled, the aged and those pushing a stroller, for example,prioritized sidewalk improvements. The survey found that the public also prioritized the accessibility of travel paths inside buildings, as well as the importance of total accessibility—parking,ramps,restrooms, amenities,travel paths—of City facilities. In the short term, staff will implement the plan using a comprehensive tracking tool that can be used across departments. The plan includes staff training and creation of an internal ADA team. In the longer term,the ADA team will provide updates to Council at least annually to keep them apprised of what they are accomplishing. Central Services Director Robinson said that if Council approves of the plan, staff recommends they approve the plan through resolution. Mayor Snider noted the amount of work involved in developing the plan and thanked staff on behalf of the community. Council President Goodhouse asked about the estimated costs associated with implementingthisplan. City Engineer Faha said there are a lot of needs identified in the plan.The plan will TIGARD CITY COUNCIL MEETING MINUTES —December 3, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 14 help the City prioritize these upgrades. As to costs,there are several programs that will help accomplish these changes in steps, for example,the Pavement Maintenance Management Plan. When repairing and maintaining the pavement, staff at the same time fixes sidewalks and curb ramps that are not in compliance. City Engineer Faha said staff anticipate requesting additional funding for curb ramp replacements within the Capital Improvement fund. She explained there are also several upgrades needed in City parks,including parking lots,ramps, walkways,handles in restrooms, etc. She said staff will tackle a number of these needs with existing maintenance programs. Councilor Newton thanked the staff for all their hard work, saying she appreciated their efforts. She said that the plan identifies a lot of low-hanging fruit,like accessibility to staff Some items will cost more money and be more difficult. Councilor Newton said what she likes about the plan is the ability for the community to weigh in annually and the annual review so that the Council can tweak and adjust as needed. She said the plan was very comprehensive and covers areas that are not typically associated with accessibility. Mayor Snider said he believes the plan connects to the City's Strategic Plan and vision to be the most walkable city in the Pacific Northwest. He said he thinks the goal to live healthy and interconnected lives means all people of all abilities and this plan is a critical piece of achieving that. Councilor Lueb echoed the other sentiments. She said the plan is very robust and will make many differences in people's lives and noted that the community input was very valuable. Councilor Anderson moved to approve Resolution No. 19-45. Councilor Newton seconded the motion. City Recorder Krager read the number and title of the ordinance. Resolution No. 19-45—A RESOLUTION ADOPTING THE CITY OF TIGARD AMERICANS WITH DISABILITIES (ADA) SELF-EVALUATION AND TRANSITION PLAN Yes No Mayor Snider V Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson The motion passed unanimously. Council President Goodhouse suggested the City should change its tagline from most walkable to most accessible. Chair Snider called the Tigard Town Center Development Agency to order for the next agenda item. 12. RECEIVE UPDATE ON "A NEW TIGARD TRIANGLE: PLANNING FOR EQUITABLE DEVELOPMENT" IMPLEMENTATION STRATEGY TIGARD CITY COUNCIL MEETING MINUTES—December 3, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 14 Redevelopment Project Manager Farrelly presented the staff report. He explained this is a two- phase project and staff have just completed phase one. He said he would give an overview of the process, the equitable evaluation criteria developed,review results and the phased project list. He said that equitable development is a development strategy that ensures local residents and businesses have the opportunity to benefit from the economic transformation by dismantlingbarriersandexpandingopportunities. This plan prevents current residents and business from being displaced by new development, as has happened in other urban renewal districts. The urban renewal plan was approved by voters in 2017. It is a list of projects that are not prioritized. This process aims to prioritize these projects to allow them to be phased in over time with a goal of achieving equitable outcomes. Redevelopment Project Manager Farrelly said staff had robust community engagement in this process. Unite Oregon helped host four large scale public events with hundreds of attendees to get input on the plan and have a robust conversation with the community. They conducted stakeholder interviews with small groups and individually with businesses and property owners in the Tigard Triangle. He reported they understood the development potential of the area.The Town Center Advisory Commission (ICAC) subcommittee also facilitated public outreach. The public engagement resulted in seven development criteria to employ in ranking prioritization of projects on the project list. The seven criteria include: Improves environmental conditions and builds infrastructure capacity Supports the preservation and creation of affordable housing Supports a safe and effective multimodal transportation network that improves access and connectivity, supports mixed-use development, and supports the most vulnerable users Supports the development of welcoming and safe public gathering spaces for every member of the broader community Reduces residential and business displacement and prevents gentrification Supports the development of a healthy, safe and sustainable regional destination known for its diversity of activities,people, and character Advances equitable economic opportunity through development assistance Staff worked with Leland Consultants to develop a prioritized list of urban renewal projects. The seven criteria were then weighted with input from the TCAC Subcommittee. The project team used a model to develop an optimized list of projects and timing. Inputs included project costs, timing, financial constraints, as well as criteria scoring and weighting. Phase 2 of the project will be starting soon and will result in preliminary designs and engineeringforinfrastructureandprogramdevelopmentconductedfornear-term,high-priority projects.The projects that will be moving forward soon are: Atlanta Street Concept Plan SW 70th Avenue New Street Concept Plan and Design Park Concept Plan Development Assistance and Business Assistance Program Development Affordable Housing&Mixed-use Project Assistance TIGARD CITY COUNCIL MEETING MINUTES —December 3, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 14 Redevelopment Manager Farrelly reported that the TCAC endorsed the final plan,noting the need for parkland acquisitions and property for roadway expansion. Councilor Newton said that one important feature of this implementation strategy is leveraging and taking advantage of opportunities. She asked if the involvement of stakeholders will be critical for the regular review of the list as opportunities change and Farrelly confirmed it was. Councilor Anderson asked if there was any money remaining from the parks bond for acquisitions in the Triangle. Mayor Snider said there was not. Mayor Snider thanked Redevelopment Manager Farrelly for his update. Mayor Snider reconvened Tigard City Council for the remainder of the meeting. 13. RECEIVE UPDATE ON THE PERFORMANCE AUDIT IMPLEMENTATION PLAN Senior Management Analyst Hendrix presented this item. She explained she would provide an overview of the performance audit implementation plan,which was developed from Council input at the October 1, 2019 meeting with Matrix Consulting. The purpose of the plan is to establish context and create guidance for implementing audit findings by incorporating staff knowledge to the Matrix recommendations and measures. This entailed staff meeting with department teams responsible for implementing department recommendations. They reviewed timeframes and priorities,crafted budget estimates and developed narratives for each recommendation and performance measure. This considered staff capacity and current workload. It allowed staff to develop a prioritized list of recommendations to guide the implementation process. The overview of outcomes for the plan tried to find a balance of high,low and medium priority projects. The new plan identifies a pipeline of upcoming projects,which are organized by timeline and priority level.Already, 12 percent of the recommendations have been completed or will be by the end of this month. Another 25 percent of projects are ongoing, such as the Senior Management Analyst position. Staff also discussed potential performance indicators and measures that will tell the City's story.They are aiming for 1 to 3 measures for each department. Council President Goodhouse asked about how the data was presented. He asked Senior Management Analyst Hendrix if staff could break down the priority levels of the 12 percent of projects already completed, for example, and whether the projects were low or high priority needs. Hendrix said she could provide such a chart. She pointed the Council to an appendix that explained the breakdown. The next phase of the plan is incorporating these priorities into departmental work plans that spell out how staff will be monitoring, tracking and reporting performance. Key performance indicators will be chosen soon based on the information the public is interested in seeing. Finally, staff will create a dashboard of performance indicators in order to keep the Cityinformed. TIGARD CITY COUNCIL MEETING MINUTES — December 3, 2019 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov Page 11 of 14 Councilor Newton said she enjoyed the report. She stated staff should present items in terms of priority,high/medium/low,but operationally staff will still need to organize these by department. For high-level reports, such as the City report card, staff should organize the list by priority. Councilor Newton also asked if staff would be factoring the performance audit recommendations and measures into the budget process. City Manager Wine said the Council would be briefed in the next month with the Budget Committee,but that instructions to departments are to incorporate costs associated with implementation of the plan into their budget requests. Councilor Newton said she was not sure that every recommendation or measure needed to be reported regularly to Council or the public. Mayor Snider thanked Senior Management Analyst Hendrix and staff. 14. CONSIDER RESOLUTION ALIGNING PUBLIC WORKS FEES AND CHARGES EFFECTIVE DA'Z'E TO FISCAL YEAR PROCESS Utility Manager John Goodrich presented this item. He explained this item is meant to align the effective date for fees and charges to occur at the same time of each year. The department has been trying to develop a more holistic approach to how rates and revenues are evaluated under review. The action tonight would amend the fees and charges to make the effective date for water rates and street maintenance fee,which would be due in January 2020,to July 2020. The revenue impact is estimated at about$450,000 from the Water fund,which has a large enough balance to absorb the revenue loss. Council could also deny the request and staff would move forward with the January 1,2020 due dates. Councilor Newton asked about the effective date of the change. Utility Manager Goodrich explained that the effective date,July 2020,was calendar year 2020, but fiscal year 2021 (which is what was used in the staff report). Council President Goodhouse asked if there would be reduction in utility fees. Mayor Snider said that they would just not increase as soon as they otherwise would (in January). Council President Goodhouse asked if there was a way to implement the new effective date without creating a financial loss. Utility Manager Goodrich explained that staff are currently beginning a project to conduct a water rate study. Mayor Snider clarified that staff are just trying to create a coordinated cycle for all the involved departments—Finance,Public Works and Communications. Utility Manager Goodrich said that staff were operating with the understanding that Council wanted a more holistic approach to understanding the rates for all five of the utility services the City provides. Councilor Lueb said she appreciated staff bringing this request since Council had discussed the issue of not"nickel and diming" customers. She asked Utility Manager Goodrich if he anticipates any other programs to be impacted by this revenue loss. He said that there would be no specific impact. Last year, the Water fund brought in about$2.4 million more than forecasted so it seemed like a good time to move forward with synchronizing the fee due dates. TIGARD CITY COUNCIL MEETING MINUTES — December 3, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 14 Council President Goodhouse asked Utility Manager Goodrich to explain why the $2.4 million reserve is important to have. He explained that reserves are important for unexpected expenses like the 8-inch water main break that occurred recently. Therefore, staff maintain proper reserves to absorb emergencies and to keep a fund balance per their bond. Council President Goodhouse asked how much an 8-inch water main break would cost. Utility Manager Goodrich said that the emergency project cost estimate is about$500,000. He also shared that the Water Advisory Board has approved this request and recommend Council approval. City Attorney Rihala clarified that staff have prepared a revised copy of the resolution that corrected citation errors in a previous version. That is the version staff are requesting be approved. Councilor Lueb moved to approve the updated version of Resolution 19-46. Councilor Newton seconded the motion. Mayor Snider asked City Recorder Krager to read the number and title of the resolution. Mayor Snider conducted a vote and the resolution passed unanimously. Resolution No. 19-46—A RESOLUTION AMENDING THE MASTER FEES AND CHARGES FOR WATER UTILITY AND STREET MAINTENANCE SERVICES Yes No Mayor Snider Council President Goodhouse Councilor Newton V Councilor Lueb V Councilor Anderson V 15. EXECUTIVE SESSION—None scheduled. 16. NON-AGENDA TIEMS—None. 17. ADJOURNMENT At 8:01 p.m. Councilor Lueb made a motion for adjournment. Councilor Anderson seconded. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson V TIGARD CITY COUNCIL MEETING MINUTES —December 3, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 13 of 14 Carol A. Drager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES — December 3, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 14 of 14 11 City of Tigard 1 Tigard City Council Meeting Minutes TIGARD December 10, 2019 STUDY SESSION Council Present: Mayor Snider, Councilor Anderson, Councilor Lueb, Councilor Newton and Council President Goodhouse Staff Present: Human Resources Director Bennett EXECUTIVE SESSION At 6:30 p.m. Mayor Snider read the following citation: The Tigard City Council will enter into an Executive Session to review and evaluate the employment-related performance of the Chief Executive Officer under ORS 192.660(2)(i). All discussions are confidential and those present maydisclosenothingfromtheSession. Representatives of the news media are allowed to attend Executive Sessions, as provided under 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 makinganyfinaldecisions. The Executive Session ended at 7:23 p.m. 1. BUSINESS MEETING A. At 7:34 p.m. Mayor Snider called the City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Anderson Mayor Snider Youth Councilor Turley Council President Goodhouse Councilor Newton Councilor Lueb C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Snider asked staff and council if they had any Non-Agenda Items—None. 2. PUBLIC COMMENT A. Follow-up to Previous Public Comments — City Manager Wine stated that at the last City Council meeting, a non-agenda item relating to the Little League World Series (LLWS) was discussed. She reported that there is a resolution supporting the LLWS in Tigard on tonight's agenda, as requested by Council. TIGARD CITY COUNCIL MEETING MINUTES —December 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 10 B. Tigard High School Envoy— THS Envoy Sarah Gentry reported on the past month at Tigard High School,which she described as very quiet. Shrek the Musical was a hit,and the Club of the Month for December is Model United Nations. They will be going to State in April,representing Somalia. There is a can and food drive benefitting St. Vincent de Paul that has been extended until Friday. The Tigerettes dance team received first in jazz and third in pont at their category Fall Championships.The jazz and guitar programs have their annual holiday concert this Saturday. Choir will be performing at the Grotto tomorrow. Boys Varsity Basketball team got first in their tournament this past weekend. C. Update from Police Chief McAlpine— Chief McAlpine explained she brought November's dashboard, and the Council will receive one more dashboard report in 2019. Current projections show the Police Department has seen 20 percent fewer person crimes than last year. Societal crimes have risen almost 22 percent. Property crimes are down 19 percent. Response times are better and trending downward to 6 minutes for priority one calls. Behavioral health calls,including homelessness,mental health, drug issues or any combination thereof, comprise about 62 percent of all calls, or 242 total. Of these, 174 were dispatch-initiated versus 68 self-initiated calls. Chief McAlpine described the time it takes officers to resolve each of these calls. She provided several examples,including a call for an intoxicated homeless person, and transient situations at both a hotel and an abandoned house. She explained that these types of calls are taxing the City's resources and really impact the community. Mayor Snider thanked Chief McAlpine for her report and said he thought the additional narrative she provided in presenting the data was valuable. D. Tigard Area Chamber of Commerce— Community&Membership Engagement Manager Jessica Love provided an update on current and upcoming events and activities. The Chamber's Leadership Tigard program met today and learned about human and social needs. Next month they will learn about business and the economy in Tigard. Four additional members joined the chamber in November. Staff are working on forming a committee for workforce development and drafting a program outline. Ms. Love asked the Council to save the date for Bowl-a-rama coming up on Saturday,February 29th and the Shining Stars Community Awards Gala on May 1S`. She said the Chamber is now accepting nominations for the community and business awards on their website. The college scholarship application and community college and vocational college scholarship applications will open next week. Ms. Love reported that 20 businesses participated in Small Business Saturday. The Tigard Downtown Affiance launched their new directory and two new members were elected to their board. The Holiday Tree Lighting event was successful and had lots of participating businesses,including the City of Tigard. Mayor Snider said he thought that event went very well and thanked Ms. Love for her report. TIGARD CITY COUNCIL MEETING MINUTES —December 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 10 E. Public Communication— Mayor Snider called on Josh Breese, the President of Tigard Little League. He said he was there to support the resolution on the agenda this evening in support of the Little League World Series (LLWS) coming to Tigard. Mr. Breese thanked the Parks Division,the City Manager and City Council. He said that he knows it has not been easy to move things so quickly,but he appreciated the consideration. He said he has been in communication with Little League and is the point contact for the Vice President of Operations. What the City is competing against is a turn-key solution. Mr. Breese said he has emphasized the Tigard community and what it can bring to the table. The odds are long, but the resolution is a demonstration of the support from the community Even if the City does not win this bid, there are other tournaments that would still be a possibility in the future. Not all of the communities bidding have the backing of their community or of their City Council. 3. CONSIDER RESOLUTION TO APPOINT BUDGET COMMITTEE MEMBERS Confidential Executive Assistant Lutz gave the staff report, explaining that the appointments were needed due to expiring terms. There was an opening for one Budget Committee voting member and one non-voting alternate. Council President Goodhouse and Councilor Lueb interviewed seven candidates and Siobhan Chandler was selected as the voting member and Leah Voit as an alternate member. She clarified that both members were present at the meeting. Councilor Lueb moved to approve Resolution No. 19-47. Council President Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. Mayor Snider conducted a vote and announced that the motion passed unanimously. Resolution No. 19-47—A RESOLUTION APPOINTING SIOBHAN CHANDLER TO THE BUDGET COMMI I'1'EE AS A VOTING MEMBER AND APPOINTING LEAH VOIT AS AN ALTERNATE MEMBER Yes No Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb Mayor Snider asked the two newly appointed members to come forward and receive a City pin. 4. CONSIDER A RESOLUTION OF SUPPORT FOR WORLD SERIES GIRLS SOF IBALL AT COOK PARK Public Works Director Rager introduced this item and said he would be presenting with Parks Operations Supervisor McKnight. Director Rager said last week Council asked staff to estimate TIGARD CITY COUNCIL MEETING MINUTES —December 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 10 the costs of all the improvements needed. These include upgrading the backstop for$25,000 and installing a perimeter fence for around$5,000 for a total of$30,000. Staff propose using the transient lodging tax (TLT) to fund those improvements. He said staff believe the City can support this event and the number of people it would bring to Cook Park, therefore staff recommends adopting the resolution of support. Mayor Snider clarified that Director Rager's conclusion was that the City could host this event and fund the necessary improvements. Director Rager agreed and said that the recommendation is to fund the improvements with UT dollars. Council President Goodhouse asked if the City would make the improvements no matter what, or whether they will wait to see if they are asked to host the series. Director Rager said staff would likely wait until they know the City was selected. Parks Operations Supervisor McKnight said the backstop, along with artificial turf was on the list of projects for next fall. Councilor Newton asked Director Rager if there was discussion regarding upgrading the stands. Director Rager said that some of the other items discussed included seating or stands,which the Little League organization would bring in for the event. The same applies to lighting and the temporary broadcast tower. Councilor Newton agreed that this is good match for the TLT and the City does not already have additional projects planned for the UT. Council President Goodhouse asked for clarification on the requirements for using the TLT funds. Director Rager said he wasn't prepared to answer that. Mayor Snider suggested they have Finance and Information Services Director Toby LaFrance advise the Council on this aspect. Director LaFrance said that because the event promotes tourism and spending the night in Tigard or travel from over 50 miles away,it is certainly a good match for the funding. Council PresidentGoodhouseechoedthatitwasaperfectmatch. Councilor Lueb acknowledged this was additional work for staff and said she appreciated their working with community members,going above and beyond to take a serious look at this. Councilor Anderson restated that the City was already planning on improving the fields and so this event would simply move that project forward. Public Works Director Rager said the work ahead of the event is not the artificial turf,but they would be accelerating the backstop project in order to complete it before the Series.The turf is proposed in the Capital Improvement Project list and will come before City Council during the budget process. Mayor Snider asked if that was a requirement for the Little League World Series and Mr. Rager confirmed it was not. Mayor Snider said he enthusiastically supports passing the resolution. Councilor Lueb moved to approve Resolution No 19-48,with the word `enthusiastically'included. Councilor Anderson seconded the motion. Mayor Snider asked City Recorder Krager to read the number and title of the resolution. Mayor Snider conducted a vote and the motion passed unanimously. Resolution No. 19-48—A RESOLUTION SUPPORTING TIGARD LITTLE LEAGUE'S EFFORTS TO HAVE THE LI1'1LE LEAGUE SOFTBALL WORLD SERIES MOVED TO COOK PARK TIGARD CITY COUNCIL MEETING MINUTES—December 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 10 Yes No Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb 5. RECEIVE QUARTERLY UPDATE, ON CITY COUNCIL GOALS City Manager Wine presented the staff report. She said that Council last received their quarterlyreportfromstaffonCouncilGoalsinSeptember2019. The Council adopted Council Goals for a 2-year period on March 26,2019. Staff have made progress toward those goals since that time. Goal 1:Ensure the City's continued financial stability and sustainability while providing mandated services. Seek ways to fund and increase services valued by the community.City Manager Wine explained that this goal is focused on the local option levy (LOL). It seeks financial sustainability in police services in order to increase patrol services and address response times. The focus now is on communications and letting the public know why Council is seeking afundingsourcetoaddressthatparticularissue. This includes how the City will use data to explainandinformstrategiesandnextsteps. City Manager Wine said that staff had made a lot of progress on this goal since the last report, working hard to communicate the need and the services it would provide. Council heard from the Levy and Bond Task Force,and held several public events to help determine the scope of the levy. This communication included a City Report Card that was distributed with the local publication,Tigard Life. These efforts aim to tell the community about all the services provided and give key metrics. The City then used the feedback received through this outreach to further refine the scope of the LOL. Finance and Communications teams are currently working on the Popular Annual Financial Report (PAFR). The PAFR represents a pared-down version of the Comprehensive Annual Financial Report and is presented in plain language for easier public consumption.A voter surveywascompletedinOctoberandasecondsurveyisoutrightnow. Staff have also begun to developfactualandneutralcommunicationstools Goal 2:Invest and connect key areas of the city to promote economic growth and community vitality. This goal corresponds to the City's Strategic Plan goal about making development advance the vision. Therefore, this item includes projects in the Tigard Triangle, the downtown area, SW Corridor and initiating changes to the Washington Square Plan District. Staff have begun the study for 72nd Avenue. The Washington Square Project has launched, and a consultant team will begin meeting with stakeholders soon. The Universal Plaza design consultant has been chosen and the contract awarded. The conceptual design is underway for the SW Corridor station areas. Finally, Council awarded a design contract for Main Street Phase 2 and work began on the City Center Futures project, centered on transit-oriented development (TOD) in the City. TIGARD CITY COUNCIL MEETING MINUTES —December 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 10 Goal 3:Ensure Tigard grows and develops in a smart and inclusive manner. City Manager Wine explained that this goal is about guiding the way Tigard grows across multiple dimensions. As part of this effort, staff have been directed to address concept planning for RiverTerraceSouthandWest. Council has adopted an Affordable Housing Plan and a Construction Excise Tax (CET). Future work includes a study of employment lands and future urban growth boundary (UGB) expansions. Council approved the developer agreement to fund concept planning at River Terrace South and West. The City has hired a senior planner to serve as the project manager for the application for UGB expansion,which will take several years. Coming up, Council will hear from staff regarding the allocation of the CET,Tigard's status as an entitlement community for Community Development Block Grants (CDBG),as well as the employment lands study. Goal 4:Enhance two-way communication to understand community priorities and involve the community in the decision-making process. This goal encapsulates many things,including communications, outreach and engagement; building relationships with partners; connecting with people in the community. The City hashostedseveraleventsrelatedtomajorprojectscurrentlyunderway. The performance audit report and implementation of its recommendations are an ongoing project that Council will hear about for the next 3 to 5 years. Staff are reviewing the City's communications structure and how staff approach outreach and engagement. Staff are trying to create the best customer experience possible and will be sharing more in the future. Part of the goal also includes diversity, equity and inclusion efforts,which was reflected at the multi-city equity summit. Staff plan to debrief and will try to build off the opportunities there. Goal 5:Enhance walkability and pedestrian connectivity. City Manager Wine said that this goal focuses on physical walking connections and transportation system planning. Several projects are underway,including setting standards for 10% of projects focused on walking connections. Council also adopted the ADA Transition Plan and the Safe Routes to School Program is going strong. Other upcoming projects include a Transportation System Plan (TSP) update and a sidewalk infill study. City Manager Wine said that the City has accomplished a lot this year and thanked the staff team for getting so much done. She said she hopes they keep the momentum into 2020. Councilor Newton commended staff for the progress made toward the goals. She said it would be helpful to link these goals to the performance audit recommendations. City Manager Wine said that staff would be trying to make those linkages very clear in the departmental work plans that will result from the performance audit implementation. Mayor Snider said he had a very specific question and wanted to know the name of the senior planner that will be managing the project. City Manager Wine said it would be Senior Planner Schuyler Warren. Councilor Lueb said that these updates are helpful, and the Council understands that staff are always busy. She thanked the staff and said it is incredible to see everything the City is doing. TIGARD CITY COUNCIL MEETING MINUTES — December 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 10 Mayor Snider commented that the Council is asking a lot from the staff team, and they aredelivering. 6. PUBLIC HEARING: CONSIDER RESOLUTION ON ADOPTING STORMWATER RATES A. Mayor Snider opened the Public Hearing. B. Hearing Procedures—Mayor Snider announced that anyone may offer testimony. There was a sign-up sheet at the front of the room. C. Utility Manager Goodrich provided the staff report with City Engineer Faha and Doug Gabbard,Project Manager from FCS Group. Mr. Goodrich explained this was a report on the stormwater utility rate study accompanied with a resolution that staff are recommending Council adopt to amend the master fees and charges schedule to include the stormwater utility rate beginning July 2020. The study was done to meet the requirements of the Tigard Municipal Code (TMC) Section 3.32.030. FCS Group has prepared a presentation on the study methodology as well as their recommendations. FCS Project Manager Gabbard introduced himself and explained he would give an overview of the stormwater program,including stormwater rate basics, the current rate and what it needs to be to meet Tigard's financial needs. Utility Manager Goodrich explained there is a staff team that operates and maintains the City's stormwater system,which includes street sweeping, catch basic cleaning,pipe cleaning, and all things related to riparian areas. City Engineer Faha explained they adopted the stormwater master plan in 2018. Prior to the master plan, the City did not have a plan. It did operations and maintenance but no overall strategic plan about how to deal with the stormwater. The plan found many problems andidentifiedprojectsandprogramsthatrepresentedover$50 million worth of needs, $30 million of which were Capital Projects to address large erosion problems. The master plan recommended completing this work over a 20-year period. The problems stem from years of not managing stormwater whatsoever. Prior to 1991, there were no requirements for stormwater control when developing within the City. Since 1991, there have been a series of additional requirements from Clean Water Services in place for new development,but the existing problems persist. That's why staff are recommending theCityaddressthoseerosionissues. City Engineer Faha said the rate study was completed to determine how much it would take to get the City to a point where it can implement the stormwater projects and programs that existing funding will not cover. Staff recently conducted a public survey in Tigard regarding streams, erosion and stormwater issues.What they found was that citizens thought the streams were in fair condition,which Engineer Faha thought was a fair assessment. The largest concerns regarded pollution and trash runoff, as well as erosion from stream banks and construction sites. Surprisingly, flooding was not a major issue for the public,which mirrors the findings in the master plan. Tigard's floodplain and stream corridors have been protected. City Engineer Faha said the public seemed to support all the measures proposed to manage water quality and erosion. TIGARD CITY COUNCIL MEETING MINUTES — December 10, 2019 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 10 FCS Project Manager Gabbard said that ideally utility rates should cover the cost of providingservice. Costs can be operating in nature,but also include capital costs. The magnitude and timing of capital expenses can have an outsized influence on what rates need to be. Rates should recover costs equitably, across different types of customers and achieve City objectives. He discussed the components of the study,including the budget, capital improvement plan, fiscal policies, and potential SDCs (System Development Charges). A large issue in Washington County is the overlap of city utilities and Clean Water Services CWS) jurisdictions. It isn't always clear which agency gets what money for stormwater management. Currently, there is a CWS charge, of which 75 percent goes to the City and 25 percent goes to CWS, as well as a City surcharge of$2.00. The stormwater rate study seeks to determine the rate that the City surcharge should be set in order to fully recover costs. The plan must make assumptions about CWS. Mr. Gabbard highlighted that the CWS stormwater charge grows by$0.50 per year. If this changes it would impact the equation and change Tigard's rate. The capital needs identified in the stormwater management plan total 40.6 million over a 20-year period from 2020 to 2039. This plan is front-loaded so that higher payments into the system produce lower costs in subsequent years. Mr. Gabbard presented a revenue requirement forecast to meet the needs identified in the stormwater master plan. If the City's current surcharge isn't increased, some of these projects will go unfunded. The recommended rate that will meet all the needs is $5.50 per equivalent service unit. That is an additional$3.50 above the current rate collected of$2.00. This would be the rate for a fixed period of four fiscal years with no additional increases. Assuming the surcharge is increased, revenue increases fund the projects and programs identified in the stormwater master plan. There is a"pinch point"in FY 2026-27,but then the revenue begins to grow again. Mr. Gabbard said that the increased rate would be comparable to other jurisdictions in the area. The modeling assumes there would be a 5 percent franchise fee that would be applied and added to the General Fund,based on the portion of the stormwater utility charges retained by Tigard. Council President Goodhouse asked if the City had a set list of projects with a timeframe and estimated costs. He said it would be valuable to show the public what they plan to complete before imposing the increased rate. Mayor Snider said that was required to complete the rate study. City Engineer Faha affirmed that the stormwater master plan has a prioritized list of capital projects and programs, such as major maintenance. For the purposes of the study, staff took the list and created a timeline for implementation over the 20-year period. The reason for the front-loading is the eroding canyon that frankly scares City staff and needs to be addressed as soon as possible. City Council will see these projects as part of the Capital Improvement Plan review and adoption. Council President Goodhouse repeated that if the increased rate was imposed, he would want to be able to show the public the projects and report progress toward completion as time moves forward. Council President Goodhouse asked about the erosion problems in Tigard. City Engineer Faha said that the topography in Tigard creates the erosion problems. Other cities have TIGARD CITY COUNCIL MEETING MINUTES— December 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 10 erosion problems,but she believes that Tigard's erosion problems are far worse. She said some projects on the list include Kruger Creek canyon and Red Rock Creek canyon in the Tigard Triangle. Councilor Newton clarified the amount of the franchise fee since she found the Agenda Item Summary hard to understand. She asked if they could explain this further. Mr. Gabbard said that the City's Code provides for 5 percent of growth revenues. Mr. Gabbard said that 5 percent is a worst-case scenario. A lower franchise fee would potentially require a lower City surcharge needed to recover costs. Mayor Snider confirmed that this was taken into consideration in the rate study modeling. Councilor Newton asked City Engineer Faha to elaborate about the new programs. Engineer Faha said that these "major maintenance"programs are not standard maintenance, but also do not rise to the level of capital projects. Some examples are rehabilitating a pipe,repairing road culverts, and fixing stormwater retention ponds. Councilor Anderson verified that these changes will occur on July 1,2020,which gives staff time to educate the public. Utility Manager Goodrich confirmed and said they anticipate putting a plan for public outreach together in the next six months for both this increase and other fee adjustments taking effect July 1,2020. D. Public Testimony—No one signed up to testify. E. Response to testimony by staff. None F. Mayor Snider closed the Public Hearing. G. Council Discussion and Consideration: Resolution No. 19-49 Council President Goodhouse reiterated that some of the deep canyons caused by erosion are close to houses and the City needs to avoid having roadways washing away and damaging homes. Mayor Snider said "scary"was the right word to describe some of these areas. Council President Goodhouse moved to approve Resolution No. 19-49. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 19-49—A RESOLUTION AMENDING THE MASTER FEES AND CHARGES FOR STORM AND SURFACE WATER SERVICES Mayor Snider conducted a vote and the motion passed unanimously. Yes No Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb V 7. NON-AGENDA ITEMS—None. TIGARD CITY COUNCIL MEETING MINUTES —December 10, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 10 8. EXECUTIVE SESSION At 8:43 p.m. Mayor Snider read the following citation:The Tigard City Council will enter into an Executive Session to review and evaluate the employment-related performance of the Chief Executive Officer under ORS 192.660(2)(i).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 under 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 decisions. Executive Sessions are closed to the public. Council will adjourn from Red Rock Creek Conference Room at the conclusion of the Executive Session. 9. ADJOURNMENT At 9:20 p.m. Council President Goodhouse moved for adjournment and Councilor Lueb seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Councilor Anderson V Mayor Snider V Council President Goodhouse Councilor Newton V Councilor Lueb Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —December 10, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 10 of 10 q City of Tigard1111TigardCityCouncil Meeting Minutes TIGARD December 17, 2019 1. WORKSHOP MEETING A. At 6:32 p.m. Mayor Snider called the Tigard City Council to order. B. City Recorder Krager called the roll. Present Absent Councilor Lueb Councilor Anderson Mayor Snider Youth Councilor Turley Council President Goodhouse Councilor Newton C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Snider asked staff and council for Non-Agenda Items. None. 2. JOINT MEETING WITH PARKS AND RECREATION ADVISORY BOARD PRAB Chair Gross led the PRAB discussion and mentioned that they feel the City's Parks staff are very good and do well with the challenges they've faced with getting the recreation program going and keeping up with park maintenance. He said they appreciated Steve Martin's leadership during his tenure as Parks Manager. Vice Chair Ciobanu gave an overview of the recreation program and said the PRAB is grateful for Council's support of the program. She said the money invested into the program was well spent and the faith Council had in their staff was well placed. In year 1 of the recreation program there were 36 events and 5,000 participants and year 2 had 86 events and 8,000 participants. This year there were 155 events and over 11,000 participants. She complimented Kimberly Cedarholm and Kaitlyn McKinney who lead the program. She said the program generates revenue and this year generated 75,000 which was above expectations. She reiterated that residents are coming and paying to participate in programs, showing what a great need this is in the community. She advised investing in the program to keep up with the demand. Councilor Newton asked if the City was having to turn people away from classes because they are too full. Parks Manager Martin said they have not had to turn too many away.The wreath making class filled up a few weeks ago so another class was opened in the afternoon. She noted that 100,000 doesn't cover cost of providing the program. Chair Gross said he understood the revenue stays in the Parks Fund so Council may see a request at budget time to spend some of that on part- time staff to increase programming. TIGARD CITY COUNCIL MEETING MINUTES —December 17, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 12 Council President Goodhouse asked if fees are hindering some from participating because they cannot afford it. Parks Manager Martin said they have been offering scholarships and have not had to turn anyone away. Council President Goodhouse suggested making the scholarship opportunities more visible in the community. Councilor Anderson mentioned the challenging time when the previous Recreation Coordinator left and said they really haven't skipped a beat with the new staff. Mayor Snider asked staff to commend the Recreation and Public Works staff PRAB Member Holmes thanked Council for their support. He said as a landscape architect he notes that park maintenance is often overlooked. It is not factored in with the design and often not kept up by the end user. The City of Tigard currently has over 550 acres of wonderful, diverse parks, open spaces and natural areas. Our parks are well loved, and the Northwest four-season climate takes its toll on the parks which need constant upkeep, cleaning and development. There are four areas of the city earmarked for future development and two areas, totaling 40 acres that will be developed later. These parks need to be developed because the community needs more equity within its park system. We have amazing new parks going in the River Terrace neighborhoods,but older parks continue to decline and require increased maintenance and updating. The new parks have large, fancy play areas, a great number of ornamental plantings, and large expanses of lawn,requiring more water for irrigation, elevated maintenance and dedicated personnel to maintain them. The residents of River Terrace were sold on an open space system that has been designed to be operated at a high level. The developer built the new parks first,prior to a majority of the homes,to influence buyers,not taking into account the City's ability to continue that high level of maintenance. The River Terrace development will continue to expand and while it is no small endeavor to have flourishing parks and a recreation department,it can be done with the support of the City and Council. Councilor Newton said she looked at the Performance Audit and noted that Recommendation No. 63 was for staff to do asset management in 2021 to determine what staffing levels are needed. She asked if this is something that should be done sooner. City Manager Wine said the recommendation was for ensuring there is an effective system in place to track asset management and this system is in progress. She added that the Parks Master Plan will help determine what will be developed over time. Public Works Director Rager noted that in last year's budget they asked for personnel to bring them up to date with the current park inventory. The additional personnel were approved by the Budget Committee. He said part two will be for additional acreage coming from River Terrace and the upcoming Universal Plaza. Council will be hearing about the ongoing needs for park maintenance resources. Chair Gross said the PRAB had questions about the Transient Lodging Tax ('ILT) money. He asked PRAB Member Winkels to talk about the TLT and how the funding could be used. He said Council tasked the PRAB with coming up with ideas on how to use those funds to create tourism. Mr. Winkels said the statute creates certain challenges. Not a lot of things were apparent that would create tourism but a turf field at Cook Park would be an attraction for Little League tournaments from all over the state. There is also the opportunity to host the Softball World Series. TIGARD CITY COUNCIL MEETING MINUTES — December 17, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 2 of 12 He said PRAB believes these would meet the goal of increasing tourism. Mayor Snider noted that Council took formal action at their last meeting to support the Softball World Series coming to Tigard. PRAB Member Winkels said they have heard from other sporting entities that there is a field shortage. The lacrosse community attended their PRAB meeting. Additional fields to meet this need would be a good use of TLT funding and would drive up tourism. He said that as they progress with the Parks Master Plan,he expects the PRAB will hear from other additional sports interests. Mayor Snider asked if staff concludes that this use meets statutory standards for the TLT. Parks Manager Martin said fields were a perfect example of how the TLT could be used. Councilor Anderson noted that grants were also being sought for the turf fields so it would not be entirely TLT money for that purpose. He suggested as PRAB comes up with other ideas they consider applying for grants. Mayor Snider thanked the PRAB for their creativity. He said sometimes the Council will give a Board or Committee a challenge that is not easy, and sometimes there is not a great answer,but.the PRAB did the hard work and figured out a creative option for funding it. He asked if staff was moving forward with this. Parks Manager Martin said the infield is in the proposed Capital Improvement Plan that will come to Council as part of the budget process. Chair Gross returned to a previous comment made by PRAB Member Holmes. The development of River Terrace has been done through their SDCs and we are seeing a lot of progress there. But at the same time there are four park sites in the rest of Tigard that have remained undeveloped for years partly because of lack of funds to build them out but also concern about putting more strain on existing staff which we feel is already behind. We need to be mindful of the dichotomy between the two areas. He noted that there will be a request for more park maintenance in the budget. Mayor Snider asked for the staff perspective. City Manager Wine said the Parks Master Plan is an inventory and plan for all of Tigard's parks. She acknowledged that as parks are added through development of new areas it creates a system-wide inequity. Mayor Snider asked if the level of service has eroded in the River Terrace parks. Mr. Martin said the developer is still taking care of them but will be turning them over to the City before the end of the fiscal year. Council President Goodhouse asked if the City is going to keep all the parks up to standard and Parks Manager Martin said that was a tough question. They are maintained to the level that the ball fields at Cook Park are maintained,which is the most intensive in the City's parks system. He estimated it would drop slightly. PRAB Chair Gross spoke to the future of parks and recreation services and noted that there are now 16 employees and with River Terrace expansion,Universal Plaza and other upcoming park development, the system and programs will continue to grow. He suggested it was time to consider a different operating model where parks and recreation can flourish as an independent department. He said parks and recreation has a lot of direct communication with the public and the PRAB felt that having someone at the table when decisions are being made is critical. Mayor Snider asked if this was a unanimous PRAB decision. PRAB Member Winkels said it was unanimous to explore options and do some analysis. Mayor Snider asked if staff had done this analysis. Public Works Director Rager said he talked with the PRAB when they were discussing this and his opinion is that it is not yet the time. He noted that the recreation program started on a 5- year plan,based on the MIG recreation study. They surveyed the community and asked whether the city should have a full-fledged recreation and community center. The answer from the public was TIGARD CITY COUNCIL MEETING MINUTES —December 17, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 12 that the city should do something but not at that level yet. Another question was whether parks and recreation should be a full-fledged department and he remembered that the answer was not yet. Public Works Director Rager said he was not opposed to studying it and he recommends checking on this at year 5 of the 5-year plan. Mayor Snider asked where we are in the 5-year plan and Parks Manager Martin confirmed it was year 3. He added that the growth in recreation will make a huge difference in the next year or two and if things continue to grow at this level it will be time to examine this. Mayor Snider asked if doing a more formal evaluation was an expensive or complicated task. Mr. Martin said it would be easy to compare Tigard to nearby agencies and it is unusual for a city the size of Tigard not to have a separate Parks and Recreation Department. Councilor Newton asked why a separate department made sense operationally at this time. Mayor Snider said what he is hearing from PRAB is that it would elevate the level of involvement at a director level and get more attention, clarity and focus. Mayor Snider asked if PRAB could help bring the Softball World Series to Tigard. Chair Gross said they could but there were a few issues such as Cook Park improvements and they were not sure of the costs. Councilor Newton thanked the PRAB members for their work. Mayor Snider added that he appreciated their creativity. 3. EXTERNAL FINANCIAL AUDIT AND CAFR PRESENTATION WITH MOSS ADAMS Assistant Finance Director Isaksen introduced this item. Two Audit Committee citizen members were present: Stephanie Veal and Larry Acheson. CPA Jim Lanzarotta from Moss Adams gave the presentation. Auditor Lanzarotta discussed the nature of the audit and shared high-level details of the process. He said Tigard is fortunate to have a very engaged Audit Committee. He noted that Councilor Lueb was absent tonight but added that she took a governmental finance class and commented, "What commitment! Hats off to her for her level of preparation." He said Tigard has a little over$1 million in federal grant expenditures. When that total reaches over$750,000 it brings in another audit element requiring testing the City's compliance with grant agreements. He said one EDA grant was about$900,000 so grant compliance was tested. Tigard is an Oregon municipal corporation so that required auditors to test for compliance with 6-7 state laws. The ones that take the most time on the auditors'part are budget administration, examining where the cash and investments are held, and procurement. Auditor Lanzarotta said Tigard is fortunate that Assistant Finance Director Isaksen and staff,under Finance Director LaFrance's leadership can put the CAFR document together. There are 1,500 cities in Oregon and Tigard is one of the few that can do this themselves. Auditor Lanzarotta said the financial statements are materially correct. No clarification was needed to address problems. The Government Audit Standard Report was clean, no non-compliance and the Single Audit Report had no findings. TIGARD CITY COUNCIL MEETING MINUTES —December 17, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 12 He went over required communication.Audit adjustments included reversing a duplicate posting of the Clean Water Services sewer and stormwater entry for February and an entry was corrected for errors in posting the State payroll tax withholding payment made in July 2019. There were no major problems with the City's internal controls. No non-compliance was found on the State law testing. There were no disagreements with management. City staff were cooperative and had a great attitude. Best Practice Observations: Utility Billing-Review access periodically to ensure only authorized individuals can change rates in the billing system. IT system users—Periodically review user access and ensure current listing of active users is updated and there is no unauthorized access. Lake Oswego-Tigard Water Partnership—It is hoped that Tigard establishes a partnership governing agreement to clearly stipulate ownership of the assets,responsibilities for future maintenance and repair costs, etc. Council President Goodhouse commented that this discussion will help justify to Lake Oswego the need for a governing agreement. A slide was shown of new accounting standards. He commented that Finance and Information Services Director LaFrance and Assistant Finance Director Isaksen will be taking training on some of these new standards. Auditor Lanzarotta expressed appreciation to Finance and Information Services Director LaFrance, Assistant Finance Director Isaksen and Accounting Supervisor Lawson and their staff for their excellent facilitation of the audit process. He said it was also a pleasure to work with such an engaged Audit Committee. Council President Goodhouse asked about a street maintenance fee that was not billed properly years ago.Auditor Lanzarotta said if the City had the ability to charge but did not, that does not make the financial reports incorrect. They reflect transactions that have occurred.Audits are not judgements on how well you are meeting a need or being a good steward. Finance and Information Services Director LaFrance said auditors test City processes. but it is a sampling;not every process is tested every year. Since the street maintenance fee error was discovered this fiscal year Moss Adams will discuss it next year and determine whether it is material to the City's finances. Auditor Lanzarotta said for transactions selected to test they would look at rates approved in the minutes or a resolution to make sure they are being charged correctly. Mr. LaFrance replied that in this situation,if Moss Adams tested the rate, the rates were correct. The error was the cap on the number of units,which was not removed on 29 of 19,000 accounts. Councilor Anderson said, "Good job, staff. What is our grade?" Auditor Lanzarotta said it would be excellent. Finance and Information Services Director LaFrance mentioned that the City received the GFOA award once again. He noted this year not only would there be a 260-page Comprehensive Annual Financial Report (CAFR) but staff would also be producing a 20-page Popular Annual Financial TIGARD CITY COUNCIL MEETING MINUTES — December 17, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 12 Report (PAFR)for the first time. The PAFR is intended for the general populace and provides a high-level summary and is meant to encourage interest in the City's finances and generate discussion. He gave credit to the Design and Communications Department for producing the CAFR and said there will also be a Spanish version. Mayor Snider thanked the auditors, the Audit Committee and staff for their work. 4. JOINT MEETING WITH THE BUDGET COMMITTEE Finance and Information Services Director LaFrance introduced this item. Citizen members present were: Clifford Rone,Leah Voit,Tim Cadman,Stephanie Veal and Siobhan Chandler. Elected members present were Council President Goodhouse,Mayor Snider, Councilor Anderson and Councilor Newton. Finance and Information Services Director LaFrance said the agenda is: Review the budget direction from City Manager Wine Receive a summary of instructions to departments Review the budget calendar. The direction needed from the Budget Committee is endorsement of the budget direction, verification that the budget instructions meet the City Manager's and Budget Committee's needs, and review of the budget calendar. He discussed staffs approach to the 2021 budget which will keep service levels constant. Changes to the budget will be prioritized and preference will be given to expenditures that are limited duration. This will help extend the life of the City's reserves. He said at the same time,we are looking at a local option levy. Why not just use the reserves to address the needs of the police department?They are two different things. Using the service level reserves is not a responsible way to fund expanding a service. The local option levy would expand police services, so we are not talking about$500,000 a year;we are talking$2.8 million per year and with renewals it is an indefinite service level. Budget instructions are to hold the line within general fund areas. Utilities and various business-type activities are being constrained within their resources. The City's Leadership Team will discuss proposals that go beyond that status level and use part of the reserves. Mr. LaFrance listed key dates on the budget calendar and discussed notice requirements and council business meeting dates. Last year we tried the big one-day concentrated meeting to discuss issue papers. Question and answer sessions were set up both for Budget Committee and the community. New information,not provided in the past,was given to the Budget Committee in advance so that when they arrived at the Saturday meeting they were prepared to deliberate. We discussed issue papers and introduced presentations by the departments. Feedback favored keeping the one-day meeting on a Saturday, second priority was a one-day meeting on a weekday, and the third preference was to go back to a series of night meetings. The Budget Committee wanted to keep the Q&A sessions, although they were not well-attended. We hope to get more participants. The presentations from staff were liked and getting the information in advance was helpful to Budget Committee members. He discussed the calendar TIGARD CITY COUNCIL MEETING MINUTES — December 17, 2019 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 12 dates. Questions from the Budget Committee will be shared will all members. These are due May 6 and May 16 is the date for the all-day meeting. Council has indicated they want to go for a local option levy in May. The election is May 19 and the Budget Committee needs to wait until after that vote to approve the budget. We will determine an approved budget on May 16,but there will likely be a brief meeting on May 21 to discuss changes if the levy passes. The levy is very specific;it is money set aside for a dedicated purpose. We can take that and essentially"bolt it on"if the local option levy passes. Council adoption of the budget is scheduled for June 9 but if the Budget Committee does not approve it on May 21, the Council adoption would need to occur at a later meeting in June due to public notice requirements. Budget Committee Member Cadman supports a one-day session. He said if they were making budget cuts it may not be adequate but a hold the line budget should fit. Councilor Anderson said he approved of the schedule. Councilor Newton noted that they want to make sure the budget is aligned with the Strategic Plan,Performance Measures and Council Goals. She said she also supports protecting the service level reserve. Budget Committee Member Rone asked how they can explain in a few seconds to citizens about reserves and excesses yet talk to them about doing a local option levy. If the levy does not pass, service levels will drop. Mayor Snider agreed that there is a serious information gap and a frank conversation is needed. It takes a 15-20-minute conversation to explain. He said in State of the City interviews he did recently he asked people how many officers they thought we on duty on each shift. He got answers such as there are 100 police officers on duty at any given time which tells him that there is a dramatic information gap. Mayor Snider agreed it cannot be explained in a few seconds. Councilor Newton had a clarification about service levels. She said if the levy doesn't pass,we are not talking about cuts. Mayor Snider agreed and said Mr. Rone's question was how to explain a levy ask when there is a reserve,which sounds like a savings account to some people. Budget Committee Member Voit asked about the single-day set up allowing enough opportunity for community comments. She noted two years ago there were budget cuts and more on the agenda. There was also much more community involvement at those multi-night meetings than at last year's one-day meeting. Finance Director LaFrance said the years when the most commentary is received are those when cuts are being made. Ms. Voit asked if the community attendance for years without major cuts was comparable to last year's attendance. Mr. LaFrance said it was comparable. Multiple meetings usually brought in the same testimony multiple times. Council President Goodhouse said he liked having the second night available but agreed that there was repetitive discussion and that is why they determined it could be done in a one-day meeting. Budget Committee Member Rone reiterated a few comments. The process last year worked out better than expected and the same questions were not asked several times. Budget Committee Chair elections were held. Budget Committee Member Cadman nominated Clifford Rone. Council President Goodhouse seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES —December 17, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 12 Budget Committee Secretary elections were held. Council President Goodhouse nominated Tim Cadman. Councilor Anderson seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Mayor Snider invited the Budget Committee to stay for the local option levy discussion. 5. RECEIVE BRIEFING ON SAFE LOTS AND TRANSITIONAL CAMPGROUNDS Senior Planner Warren presented a briefing and slide show on safe lots programs which is part of a series covering a range of land uses not currently allowed in the code. They fall broadly under the umbrella of temporary residency uses and some address temporary accommodations to assist community members experiencing houselessness while the others address temporary lodging for visitors to Tigard. Future briefings will cover temporary campgrounds and short-term rentals. He said a question has been raised by participants in the city's Community Roundtable on how to host or allow safe lots within the City. Safe lots are parking lots where people can shelter overnight in their vehicles. They are typically patrolled for the safety of these community members. They offer an alternative to commercial parking lots and residential streets. People sheltering in their cars in Tigard are typically seniors or working people and are parking in commercial spaces or neighborhoods where they are subject to danger or harassment. They do not have access to sanitary or waste receptacles. Safe lots were authorized by state law passed in 1999 (SB479). Certain requirements must be met such as they must be on religious institution property,must provide sanitation,handwashing and trash facilities and no more than three vehicles are allowed per property.Jurisdictions can add their own requirements to address community impacts and neighborhood compatibility. Santa Barbara had the first official program and the idea quickly expanded to other west coast cities. Locally,Multnomah County, Eugene, Clackamas County and Beaverton have safe lots. Tigard's code is not clear on safe lots and would require some amendments. Senior Planner Warren described Beaverton's pilot Safe Lots Program which is open to more than religious institutions. Mayor Snider asked if that was within state law and Mr.Warren said he would leave that for the city attorney to respond. It is managed by Just Compassion and includes all elements required by state law plus a requirement for signed host agreements with guests, a 30-day probationary period for each guest and it was paired with a ban on overnight camping in the right of way. The Clackamas County Board of Commissioners traveled to Eugene to see how their Safe Lots Program worked. They chose not to change their code which really did not accommodate the use. They applied discretionary standards for temporary use which were difficult for planners to apply. Their first safe lot was in an industrial area but approval for a second safe lot in a residential neighborhood was appealed by neighbors. The hearings officer decision placed so many additional conditions on the proposal that it became financially unfeasible for religious institutions. Senior Planner Warren said the staff recommends further study of the Beaverton program to get more details and then bringing this to Council as part of a code mini-project to consider temporary housing for safe lots, temporary campgrounds and short-term rentals. TIGARD CITY COUNCIL MEETING MINUTES — December 17, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 12 He noted that yesterday the Supreme Court said if you do not have a place where your houseless community members can go you cannot remove them from public property. In response to a question from Mayor Snider about whether Beaverton is following the state's limit of three vehicles, Senior Planner Warren said they are not. Mayor Snider said three vehicles seemed like a small number given the need and the cost of resources to serve then with trash and sanitaryfacilities. Councilor Anderson agreed that the code needs to be amended before starting on any of this. He asked if additional police presence would be necessary. Senior Planner Warren said that typically it does not take more police than regular residential properties would. Beaverton requires private security patrols and police respond to calls for service. People are being screened. They self-select to come into the program and want to be off the streets and have a safe and stable place to live. Council President Goodhouse said that this is a great direction to go. He said, 'We can take something that is going on anyway and make it more comfortable for everyone." Councilor Newton said the memo in the packet mentioned public property,but the law said religious institutions. Senior Planner Warren said the memo was also addressing temporary campgrounds,which are typically done on public property. Councilor Newton asked if this could be handled in a conditional use process. Senior Planner Warren said conditional use can be a heavy time and cost burden to some applicants and with a clear and objective Type II process staff can address small compatibility issues. Council President Goodhouse asked about looking to providing a safe spot for doing transactions or trading goods. City Manager Wine summarized that this discussion was to come to a common understanding about what safe lots are to help with questions that may arise from the community. Senior Planner Warren said safe lots and short-term rentals are lumped together because from a temporary tenant standpoint in the code they are similar. Schuyler said there will be a briefing on temporary campgrounds in January. There will need to be community engagement since a lot of these uses will occur in or near residential neighborhoods. Mayor Snider asked if the Police Department will have significant input. Senior Planner Warren said they will be asked about concerns they may have because public safety is a huge part of this effort. 6. RECEIVE LOCAL OPTION LEVY UPDATE AND REPORT ON COMMUNITY SURVEY RESULTS City Manager Wine and DHM Research Consultant John Horvick presented this item. A handout was available at the front of the room and there was a slide presentation. Mr. Horvick walked Council through the recent poll numbers measuring voter support for a five-year local option levy for police services. Support for different rates of 29 cents and 33 cents per$1,000 of assessed property valuation were tested. The impact of additional information was assessed. He discussed the methodology of the hybrid telephone and online survey of 301 Tigard voters, conducted during December 5-11, 2019. TIGARD CITY COUNCIL MEETING MINUTES — December 17, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 12 Results showed a solid majority of voters (65 %) feel the city is headed in the right direction,which indicates no change since the October survey. The majority of voters who think Tigard is heading in the right direction pointed to a strong sense of community, appropriate growth and general satisfaction with city services. When asked for detail on why the small minority thought Tigard was off on the wrong track, overdevelopment, excessive city spending and light rail were mentioned,along with traffic and high taxes, to a lesser extent. Support for rates of 29 cents and 33 cents is similar to the 46-cent rate tested in October. Mr. Horvick said his feeling is that it is more about the ask than the amounts. When given details on what the levy would provide, 50 % said they would be more likely to vote for it. There was some evidence that people may be more favorable if they receive more information. Support for a 29-cent levy increased 47 percent with additional information. But this is still below the level needed for a measure to pass, this close to an election. Support for a 33-cent levy increased to 40 percent with additional information. It made no difference to people that other cities in Washington County support their police departments with voter-approved levies. Mayor Snider said we need to focus on solving the problem. When we adopted our goals,we said we want to pursue a local option levy,which is not a solution. We are elected to solve those types of problems. There is a significant information gap. He said during filming of the State of the City interviews he asked citizens how many police officers were on duty right then. Their answers ranged from a low of 20 to a high of 100. People have no idea. People become very concerned after a 15- minute conversation,but we can't explain this to every single voter. He said we still need to solve the problem and suggested a public safety utility fee as a solution that other communities have used. A fee could be flexible to allow adjustments as conditions change. It would need to be tracked in some manner to make sure it is equitable. A fee would not require several votes. He said ensuring the safety of the community is the Council's most important responsibility and should not ride on the votes of people that don't have enough time to figure out the details of how their community is being kept safe. He asked Council to consider whether they are on the right track or should other options be considered. Councilor Newton said the levy is one tool. She recommended hitting the pause button and having a conversation on this issue and how we will solve it. Council President Goodhouse asked, "If not now,when?" He said the previous levy had several issues and did not pass. We have focused on public safety with this levy. He said there was time to get the message out. He suggested going on the ballot in May and if it fails, then looking at other options. Mayor Snider said another concept is keeping the levy on the ballot in May,but taking action before before to make it clear that the choice is that we will fund it one way or another. Council President Goodhouse said it was like a carrot or a stick. He said it would be disingenuous to take action before the levy. TIGARD CITY COUNCIL MEETING MINUTES — December 17, 2019 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 10 of 12 Budget Committee Chair Rone asked to be recognized. He said he belongs to several non-profit organizations and is seeing some relevant trends. The first is that people have information fatigue. The second is that households are extremely busy and tapped out. The number of people living paycheck to paycheck has reached 43 percent. There is an inadequate sense of urgency because of the number of information sources, too many of which are not vetted, so people are suspicious. He recommended that the City look at what they will stop doing in order to fund the most important things. He referred to a comment made by City Manager Wine years ago, "Stop saying we will do more with less because it doesn't work." He said if a levy fails but the cost appears on the utility bill you've just put another notch in the belt of losing public trust. Mayor Snider estimated that to fund what is needed to fund in the Police Department to keep people safe would mean operating the library one or two days a week. He said, "We cannot reduce our way out of this." Council President Goodhouse said the city can't keep saying we're going to do this levy and then just put the brakes on it after all this work. He noted that after educating the survey taker, the approval rate rose. Mayor Snider argued that Council also needs to pivot after hearing this new information. Fewer people support it now than supported the failed levy. Council Anderson said he supports going on the May ballot but there is a lot of education to do before. He said November might be better. He noted that King City just passed a public safety levy. Councilor Newton said it is important to have a strategy if it fails. The fees could be approved and if it passes,we will get rid of the fees. Ezra Hammer noted that there is a track record that challenges can be overcome. Clackamas County had to go out to the ballot four times before a vehicle registration fee passed. Council President Goodhouse said if this does not pass there is a good chance that property values will decline, and it will take four times as long to bring things back up. He suggested asking for at least 25-cents and putting it on the ballot. City Manager Wine asked Council to define the problem they wanted to solve. If there are mechanisms Council would like to discuss, time can be scheduled on the January 7 meeting. Councilor Lueb will be in attendance then and there is still time to make the choice. Mayor Snider said the problem is not passing a levy;it is adequately staffing the police department. We need to ask for any means of raising that funding (payroll tax,utility fee, sales tax. We need to make a deliberate effort to scope a budget if it fails. Finance Director LaFrance said we went to the Budget Committee to help solve an issue and that is how we came up with the park fee. He said staff could bring back that analysis and look at a value- added tax or another fee. TIGARD CITY COUNCIL MEETING MINUTES — December 17, 2019 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 11 of 12 Council President Goodhouse said the levy is appealing because it is tied to what the Police Department needs. He said it can ebb or flow and outreach can be done like what Washington County does so the public knows where their money is going. City Manager Wine said staff will bring back a levy discussion on the January 7th Council meeting agenda in which Councilor Lueb will be in attendance. 7. NON-AGENDA ITEMS—None. 8. EXECUTIVE SESSION—None scheduled. 9. ADJOURNMENT At 9:35 p.m. Councilor Anderson moved for adjournment. Councilor Newton seconded the motion and Mayor Snider conducted a vote. The motion passed unanimously. Yes No Absent Councilor Lueb Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton Carol A. Krager, City Recorder Attest: Jason B. Snider, Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES — December 17, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 12 of 12 ipli a City of Tigard Tigard City Council Meeting Minutes TIGARD January 7, 2020 1. BUSINESS MEETING A. At 6:30 p.m. Mayor Snider called the City Council&Local Contract Review Board meeting to order. B. Roll Call—Mayor Snider asked City Recorder Krager to call the roll. Present Absent Council President Goodhouse V Councilor Newton V Councilor Lueb V Councilor Anderson V Mayor Snider V Youth Councilor Turley V C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non agenda Items —None. 2. PUBLIC COMMENT A. Follow-up to Previous Public Comment—Mayor Snider asked City Manager Wine if there was any follow-up to previous public comment. There was none. B. Public Comment—Sign-up Sheet John Charles -Mr. Charles said he had been a Tigard homeowner since 2004 and gave some observations on TriMet. He said Council's due diligence with TriMet on light rail does not mean it will happen. He referred to the Yellow Line and noted TriMet committed to six trains,increasing to eight in 2020.As of January 1,when they were obligated do this,it is not happening, and the failure is not due to funding. They were successful in receiving a payroll tax. All the money went to TriMet payroll,not towards increased service. He said TriMet does not keep its promises and asked how a 24-minute ride is even possible given its dedicated right-of-way. He said the Yellow Line is 46 percent underperforming in terms of travel time. Mr. Charles had further criticism of TriMet and warned that the agency has a history of overpromising and underperforming. He advised the Council to consider what a future Council would do if TriMet fails to deliver on the SW Corridor project. 3. CONSENT AGENDA—LOCAL CONTRACT REVIEW BOARD A. Approve Contract Award for HVAC Maintenance Contract. TIGARD CITY COUNCIL MEETING MINUTES —January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 10 Council President Goodhouse moved for approval of the HVAC Maintenance Contract and Councilor Newton seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider 4. LEGISLATIVE PUBLIC HEARING: CONSIDER DEVELOPMENT CODE AMENDMENT DCA2019-00002 OMNIBUS CODE PACKAGE A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony and a sign-up sheet was available. C. Associate Planner Lindor gave the staff report with a PowerPoint presentation. She explained that the proposal reflects a major reworking of the development code including a major housing update,updates to policies and procedures, and the Downtown Plan District. Staff identified minor deficiencies and has kept a running inventory of necessary code amendments to include in this omnibus package. A few items were highlighted. They included housing changes to comply with new state regulations,updating the rectilinear standard, as well as developing a new definition of the term"story." Minor housekeeping items corrected references and made phrasing more consistent. Associate Planner Lindor responded to comments made by Robert Ruedy in testimony he submitted to Council electronically. She said there are different types of care facilities and the section used as an example is not meant to be a comprehensive list,but a general categorization without specific examples. In response to comments regarding Sections 18.810 18.20 and 18.30 that relate to the rectilinear standard,Ms. Lindor noted the changes would not apply to existing lots but only new or modified lots. Associate Planner Lindor said the staff recommendation is that Council adopt the Omnibus Code Amendment Package. D. Public Testimony—No one signed up to testify. E. Response to public testimony by staff. Associate Planner Lindor responded to Mr. Ruedy's electronically submitted comments when giving the staff report. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 20-01 Councilor Newton said that she thought it was wise to remove a lot of the examples because types can change. She said it was a good idea to have a definition that is expansive and not attempt to list every possible example. TIGARD CITY COUNCIL MEETING MINUTES -January 7, 2020 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov I Page 2 of 10 Councilor Anderson remarked that the Planning Commission held a long,robust discussion on these amendments. He moved for adoption of Ordinance No. 20-01. Council President Goodhouse seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll-call vote. Ordinance No. 20-01 —AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE OF THE CITY OF TIGARD FOR THE PURPOSE OF ADOPTING THE 2019 OMNIBUS CODE AMENDMENT PACKAGE DCA2019-00002) Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider Mayor Snider announced that Ordinance No. 20-01 was adopted unanimously. 5. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 3.24.080 TO ALLOW FOR DEFERRAL OF CERTAIN SYSTEM DEVELOPMENT CHARGES. A. Mayor Snider opened the Public Hearing. B. Mayor Snider announced that anyone may offer testimony and there was a sign-up sheet available. C. Building Official Van Domelen gave the staff report. He said housing prices are going up and the City has looked for ways to reduce the cost of building. This deferral will allow builders to defer paying their system development charges (SDCs) until receiving their Certificate of Occupancy,rather than paying them up front and carrying them through the construction project. He said there is no change in the amount,which is based on the building permit application date. This changes only the time in the process when they are paid. D. Public Testimony—No one signed up to testify. Mayor Snider noted there was written correspondence questioning the public notice for this agenda item. Mayor Snider confirmed with City Attorney Rihala that the public hearing had been properly noticed. E. Response to testimony by staff. None. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 20-02 Councilor Newton noted that adjustments need to be made to software and the recent performance audit had other recommendations to modify the Accela program. She asked Building Official Van Domelen if these changes will occur separately. He confirmed that would be a separate process and that this change will allow inspections to happen right up to the final one. The system currently will not allow inspection scheduling if fees are due. TIGARD CITY COUNCIL MEETING MINUTES —January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 10 Council President Goodhouse commented that this is a great way to lessen the burden on builders and the cost of housing. Councilor Anderson said the only risk is that a builder could start a project and not finish it. He asked for data on unfinished work. Building Official Van Domelen said the fees are still due from the new buyer prior to final inspection. It may be pushed down the road but would not cause fees to go unpaid. Council President Goodhouse made a motion to approve Ordinance 20-02. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 20-02—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 3.24.080 TO ALLOW FOR DEFERRAL OF CERTAIN SYSTEM DEVELOPMENT CHARGES City Recorder Krager conducted a roll call vote. Yes No Council President Goodhouse Councilor Newton Councilor Lueb V Councilor Anderson V Mayor Snider Mayor Snider announced that Ordinance No. 20-02 was adopted unanimously. 6. PUBLIC HEARING: CONSIDER RESOLUTION TO AMEND THE MASTER FEES AND CHARGES SCHEDULE FOR RESIDENTIAL PARKING FEES A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony and there was a sign-up sheet available. C. Police Commander McDonald gave the staff report. He explained that the $10 fee previously approved in 1991 was insufficient to cover the City's cost of processing residential parking permits. Staff recommends an annual cost of$60 for two permits, and 60 for each additional permit. Each address would obtain three guest passes when purchasing their first permit. Staff recommends adoption of the resolution as presented. D. Public Testimony—Mayor Snider called upon those who signed up to testify. None. E. Response to testimony by staff—None. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Resolution No. 20-01 Councilor Lueb said she knows research was done on regional area parking fees and asked if this fee was like others and how it was selected. Commander McDonald said it is similar and they tried to keep it comparable to other communities. Even the higher fee will not cover all staff time but will be more reasonable than the$10 fee. Mayor Snider clarified that it was a cost recovery measure. TIGARD CITY COUNCIL MEETING MINUTES —January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 10 Councilor Newton asked why the first two permits were $30 and the subsequent permit is 60. Commander McDonald said the permit only applied to homeowners parking on the street and not in their driveways. He stated they found most households only needed two permits. Requiring$60 for additional permits is a good deterrent to abuse of the parking zones. Councilor Anderson asked when the new residential permits would take effect. Commander McDonald stated it would begin on February 1,2020. Councilor Lueb made a motion to approve Resolution 20-01. The motion was seconded by Council President Goodhouse. City Recorder Krager to read the number and title of the resolution. Resolution No. 20-01 —A RESOLUTION AMENDING THE MASTER FEES AND CHARGES SCHEDULE TO ESTABLISH A FEE FOR RESIDENTIAL PARKING PERMITS Yes No Council President Goodhouse Councilor Newton V Councilor Lueb V Councilor Anderson V Mayor Snider V Mayor Snider announced that Resolution 20-01 was approved unanimously. 7. LOCAL CONTRACT REVIEW BOARD: CONSIDER RESOLUTION REVISING THE CITY'S PUBLIC CONTRACTING RULES Finance and Information Services Director LaFrance introduced the Mayor and Council to new Contracts and Purchasing Manager Christine Moody. This position was previously filled by Joe Barrett,who is now the Public Works Business Manager. Ms. Moody comes to the City with over 25 years of local government contracting experience in the state of Oregon and is a past president of the Oregon Public Purchasing Association. Ms. Moody stated staff are seeking approval to update the Public Contracting Rules considering changes in the 2019 legislative session. The Public Contracting Rules were adopted in 1999, formally repealed and readopted in 2005, and have been revised three times since then. Major changes as a result of the legislative session include allowing the City to consider cost in Qualification Based Selection (QBS) of architects, engineers,land surveyors,photometric mappers and transportation planners. This allows the City to request cost proposals from the top three proposers. This update has been on the Council's legislative agenda for the last three years. It will add a new process and a few weeks to the public contracting process. Other adjustments are the increase in Intermediate Procurement levels from$100,000 to $150,000, the requirement to keep retainage on construction projects in an interest-bearing account, an TIGARD CITY COUNCIL MEETING MINUTES —January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 10 improved process for small and intermediate contract amendments,and some minor adjustments to allow electronic transmission of documents. LCRB Chair Snider said Council was very excited about changes in the QBS process as most of the mayors in the metro area lobbied hard in Salem about this issue. LCRB Member Goodhouse moved to approve LCRB Resolution 20-01. LCRB Member Newton seconded the motion. City Recorder Krager read the number and title of the resolution. LCRB Resolution No. 20-01 —A RESOLUTION AMENDING THE CITY'S PUBLIC CONTRACTING RULES Yes No LCRB Member Goodhouse LCRB Member Newton LCRB Member Lueb LCRB Member Anderson LCRB Chair Snider Chair Snider announced that LCRB Resolution No. 20-01 was adopted by a unanimous vote of LCRB members present. LCRB Member Newton thanked Contracts and Purchasing Manager Moody for the format of the documents,which she found very helpful when studying the proposed changes. 8. COUNCIL GOAL DISCUSSION: INCREASING POLICE SERVICES AND LOCAL OPTION LEVY City Manager Wine led the discussion regarding staff's request for guidance related to pursuing a local option levy or bond in the May 2020 election. Staff's recommendation to Council was that the levy would be identified earlier,more clearly defined, focused on a supportable city service and at a lower rate than the failed 2018 levy. City Manager Wine emphasized that the levy is a funding means to reach an end,which in this instance is increased police services. The Council has identified that increasing police patrol services and staffing will reduce response times. At the Council's December 17th Workshop meeting, Council asked staff for more information regarding other ways to fund these services. In response, staff prepared a matrix as a starting point for discussion.Alternatively,Council could stay on the path to pursue a local option levy in May 2020. If Council chose to make a referral,they would have until mid-February to request staff action. Mayor Snider stated he appreciates the due diligence staff has shown in researching other funding methods. He believes this is what the Council needed to help decide. Council President Goodhouse stated they have been on the path for a local option levy and have told the public this, so his preference is to keep moving ahead to keep the message consistent. He said the Council should make sure the public knows there are things that need to be fixed and that this is how it can be done. TIGARD CITY COUNCIL MEETING MINUTES —January 7, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 10 Councilor Newton stated she appreciates the work done on funding sources. Having gone through a variety of documents, she wants the public to understand this is a priority for the Council. She explained that the types of police calls officers get are changing and she is concerned about the calls they spend more time on. She said she feels like adding officers is not adding new services but trying to keep up with changing police work. The levy is a tool that we should go forward with, and the public needs to know we are making this a Council priority. Council President Goodhouse asked what a vacation check was. Councilor Newton explained that police had time previously to check on properties of people who were out of the area on vacation. Councilor Anderson said the most equitable way to fund this is through a local option levy as opposed to other types of taxes. He said he wanted to give voters another chance because police and safety are important to this town. He added that if for some reason the levy is declined, there are other options available. Councilor Lueb said she listened to the December 17th meeting audio and what she heard about the survey results was disheartening. She expressed concerns about police staff and noted they do stressful work without breaks due to packed schedules. She commended police for managing all they must do during their shifts. Councilor Lueb said the police and Council have done a wonderful job trying to get the word out to the public. She said, "It is frustrating to find ourselves in this situation. When you explain to people individually, they become supportive." She said it was important for Council to continue to reach out to people on an individual basis.They have tried this at many community events;it takes time to get the message out. Councilor Lueb asked if the levy was the best solution, and she had issues with going out, the levy not passing and then Council looking at a public safety fee. She said it wouldn't feel right when the public has said no. She said she hopes the Council can get it passed,but that they should be considering all outcomes. Mayor Snider repeated that when someone sits down and has a 15-minutes conversation,people comprehend that more police are needed. Council has put in the time trying to communicate, and it takes a long time to help the community understand. He said he understood Councilor Lueb's concerns,but he feels Council has been entrusted to make the best decision on behalf of the citizens. Councilor Newton said she thinks that it is time to shift and communicate that this is Council's priority and they will solve it one way or another. It needs to be communicated to the public that if Council cannot meet this need in one way, they will find another way. She suggested using the performance audit as a communications tool. She emphasized that they were elected to address the problems and they as a Council will do so with the tools available. Council President Goodhouse agreed that from now until levy time everything needs to be police-focused. What he likes about campaigns is the spotlight it can put on an issue. He said he was optimistic,but that it was an education issue according to the polling results. He also asked about how many people from the first to second survey were duplicates,i.e. returning survey takers. City Manager Wine said DHM will be delivering a detailed report on January 9th. TIGARD CITY COUNCIL MEETING MINUTES —January 7, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 10 Mayor Snider said he heard consensus from Council to move forward on the levy. He said they only have four or five weeks to finalize ballot title language. He said he wanted to take a stab at the ballot title,proposing that Council move forward for 29 cents per thousand (assessed value), eight officers and one additional school resource officer (SRO),which was also supported by the performance audit. This proposal would not separately focus on homeless outreach, as much as he would like to keep that in. It doesn't focus on the core mission of patrol response. He said de-escalation training needs to be done anyway but it could be added to the proposal. Council President Goodhouse asked if support staff were included in the 33-cent levy. Mayor Snider said the 29-cent rate,keeping 9 officers,will include support staff. Councilor Newton said support staff must be funded. She did not think it was prudent not to fully fund the complete cost. She is comfortable with getting more resources and letting Police Chief McAlpine decide how to deploy the funds. Mayor Snider asked what the cost of nine officers with support staff would be, at a rate per thousand of assessed value. Council President Goodhouse stated it would be easier to get the bare bones version for officers only passed. Finance and Information Services Director LaFrance said his recommendation is to come back at a future meeting to figure the rate for a fully supported nine-officer package. Finance staff can cost out the SRO and homeless outreach. Mayor Snider asked the other Councilors for their perspectives. Councilor Lueb asked for Chief McAlpine's perspective on a choice of one SRO or two homeless outreach officers. Chief McAlpine said youth are important,but the pull for other services draws officers away. The performance audit said to add one more SRO,but she felt first and foremost the City needs officers on the street-hired, trained and deployable, out in patrol cars. City Manager Wine suggested staff get direction from Council and come back at next week's meeting with additional information on the range of rates possible. Mayor Snider suggested moving forward with a local option levy in the 30-cent range, 8 to 11 officers,possibly funding support staff and possibly not. Councilor Lueb said she will not vote for any proposal that does not include staff support for the officers. Mayor Snider said they want unanimous Council support for the ultimate levy and so that would preclude leaving the cost of support staff out of the ask to voters. Chief McAlpine said de-escalation training is a priority. Police staff would like all the officers to get this training in a timely fashion (and not the slow pace they are on currently). The levy would allow them to train all the police force rather than just a few at a time. Mayor Snider said that he believes the training is critical and should be included. Council President Goodhouse said a perfect package can be built and it still may not pass. He wants a proposal that is more bare bones and speaks to what people want in order to ensure passage. He suggested Council and City staff could find funding for support staff from other sources. He said he did not want Council to lose sight of the need to be concise and direct. Mayor Snider said he would be more willing to consider that,but that they found hardly no price elasticity in the survey results. He asked Youth Councilor Turley for her thoughts. She said the SRO is important,but it's also important officers receive de-escalation training as soon as possible. TIGARD CITY COUNCIL MEETING MINUTES —January 7, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 10 Councilor Newton asked why including de-escalation training in the upcoming budget doesn't address the training issue. Chief McAlpine explained that currently officers get a couple of spots in a training for free, hosted by one of the regional counties. The cost is for overtime to allow the officers to unplug. This model would allow the City to host its own training and have a larger group of officers attend. Councilor Newton asked if the City put funding in the budget for the next year, could all officers get trained in the next year?Mayor Snider clarified that they are asking if the City added money to the budget,whether the Chief could get all the officers trained. Chief McAlpine said that they are currently on minimum staffing every day, so she is hesitant to do another 40-hour training. Without the additional officers, she could not backfill with current staff. Council President Goodhouse stated he thinks the de-escalation training is part of the larger picture and including it in the package communicates to the public the importance of this training. City Manager Wine summarized that the Mayor's proposal for 29 cents, 8 officers and one SRO is the package the Council wants costed. This would include identifying what is possible to fund in a package for 29 cents,including support staff. Mayor Snider stated he thinks the two homeless outreach officers aren't possible at the 29-cent rate. Council President Goodhouse stated he wanted a list of options,one scenario with all the requested police, one without an SRO, or support staff, etc. Mayor Snider asked staff for a table of all the components, translated into an approximate rate per$1,000 assessed value. Councilor Newton said whatever gets proposed must be fully staffed. Council President Goodhouse suggested keeping it under$100 annually for the average property. Mayor Snider asked Council to be prepared to be ready to make a final decision so they can move forward with ballot language at the next Council meeting. City Attorney Rihala said any input the Council can provide related to the ballot title would be helpful since staff should start working on that as well. Councilor Newton clarified that the levy and funding police services is a Council priority that they will address. She expressed support for Police Department personnel and said the City is fortunate to have each and every one of them. 9. NON-AGENDA ITEMS 10. EXECUTIVE SESSION—None. 11. ADMINISTRATIVE REPORT City Manager Wine said this is a new Council meeting feature which will have administrative items and reminders previously provided in study sessions. The purpose is for the City Manager to give the Council an update on administrative items. It is a good time for Council to ask questions about programs and changes they hear about and request more information. TIGARD CITY COUNCIL MEETING MINUTES —January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 10 City Manager Wine reported that the City has been asked to vote on a GPI (Greater Portland Inc.) Small City Consortium representative. Mayor Snider will be the one voting. She also reported that photo enforcement begins at midnight on January 8th at the intersection of Hall Boulevard and 99W, starting with a 30-day warning period. 12.ADJOURNMENT At 7:49 p.m. Councilor Newton moved for adjournment. Council President Goodhouse seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider V Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 10 of 10 1111City of Tigard Tigard City Council Meeting Minutes TIGARD January 14, 2020 1. STUDY SESSION Council Present: Mayor Snider, Council President Goodhouse, Councilor Anderson, Councilor Newton and Councilor Lueb. Staff Present: City Manager Wine,Assistant City Manager Nyland, City Attorney Rihala,Risk Manager Curran, City Engineer Faha, City Recorder Krager,Deputy City Recorder Patton and Attorney Gerald Warren A. EXECUTIVE SESSION At 6:30 p.m. Mayor Snider announced that the Tigard City Council was entering into an Executive Session to discuss pending litigation under ORS 192.660(2)(h). The Executive Session ended at 6:45 p.m. B. COUNCIL LIAISON REPORTS Councilor Lueb reported she attended PRAB and library Board meetings. She commented on the new electric vehicle charging stations in front of the Library. Having the stations there brings people into the Library while they wait. People have asked if the City could put more in around town. Councilor Anderson reported on the most recent Planning Commission meeting. He said the code changes discussed have already come to Council. He also attended the Water Advisory Board meeting. Council President Goodhouse said he and Councilor Newton attended the Lake Oswego - Tigard Water Partnership Oversight Committee. Councilor Newton attended a Metropolitan Area Communications Commission where the PEG (Public, Education and Government) grants were awarded. The transfer of Frontier cable services was approved by all jurisdictions. The Youth Advisory Council planned and will host a Mental Health Summit on Thursday,January 16.A student survey found that many teens are experiencing stress. The TYAC planned the details, found a speaker and created a PowerPoint presentation. She said the Community Development Block Grant last round of reviews are on track with presentations scheduled for February 22. Census 2020 was discussed at the Community Roundtable this morning. Mayor Snider reported on Washington County Coordinating Committee meetings and shared that they had someone from the Department of Land Conservation and Development discuss HB 2001 and HB 2003. He commented that Tigard was a little ahead of the curve on these issues. There is still a lot of uncertainty and the rulemaking has not happened. He suggested the City think about infrastructure impacts of putting in fourplexes TIGARD CITY COUNCIL MEETING MINUTES -January 14, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 14 where single-family homes are. Some clarifications are necessary to make sure the developers pay the true cost. Mayor Snider attended the SW Corridor Steering Committee where the interim terminus decision was made for Upper Boones Ferry Road. The line will either end there or at Bridgeport. City Manager Wine mentioned that Council will see the MOU updates at the next Council meeting. 2. BUSINESS MEETING A. At 7:30 p.m. Mayor Snider called the Tigard City Council meeting to order. B. Roll Call–Mayor Snider asked City Recorder Krager to call the roll. Present Absent Youth Councilor Turley Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items–None. 3. PUBLIC COMMENT A. Follow-up to Previous Public Comment–Mayor Snider asked City Manager Wine if there was any follow-up to previous public comment. There was none. B. Tigard High School Envoy–THS Envoy Sarah Gentry gave an update on Tigard High School's activities and events. She reported that Varsity Boys Basketball is ranked No. 1 in the state with a 10-2 record. The Club of the Month is working to provide free and accessible feminine products to all THS students. The Tigard Youth Advisory Council is hosting a Youth Mental Health Summit at Tigard on January 16 from 5 to 6:30 p.m.An Equity/Unity Day is planned for March 12,with workshops,an assembly and various activities. C. Update from Police Chief McAlpine–There were several major events that started in other locations but came into Tigard—the December 18th bank robbery, carjacking, then homicide of a Tigard resident, and pursuit of the suspect into Tigard. There were over 50 officers and eight agencies responding. Days later,Beaverton had armed robberies along Scholls Ferry Road,which Tigard Police Department responded to. On January 5th,a Tigard business had an armed robbery. The suspect was apprehended in Tigard with the help of the K9 unit. Chief McAlpine pointed out that in 2019, the City saw a decrease in in-person crimes of 17 TIGARD CITY COUNCIL MEETING MINUTES —January 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 14 percent and an 11 percent decrease in property crimes. Societal crimes increased almost 23 percent. These includes behavioral health calls, domestic issues or drugs, etc. Calls for service stayed about the same and may mark a new normal for the City. Chief McAlpine described that Priority 1 and 2 calls decreased,while Priority 3 and 4 calls have increased. For the first time, the department spent more than half their shifts (52 percent) at minimum staffing. Council President Goodhouse asked for a recap of priority calls. Chief McAlpine said Priority 1 and 2 calls are life/safety issues. Priority 3 indicates there may be an opportunity to apprehend a suspect and Priority 4 are cold calls that still require a police response. Councilor Newton asked how calls holding are tracked and Chief McAlpine said they do not track until the Tigard Police receive the call from dispatch and may not represent the entire time folks are waiting for a police response. Councilor Newton asked whether staff couldn't get to the calls because they were at minimum staffing. Chief McAlpine said that yes,it is correlated to the lack of resources. Higher priority calls require additional officers,which hinders the City's ability to respond in a timely manner. D. Tigard Area Chamber of Commerce—Community and Member Engagement Manager Jessica Love gave an update on Chamber activities. She reported that Leadership Tigard met today and focused on Tigard's local businesses and local economy. The Government Affairs and Public Policy Committee is meeting this Thursday to discuss T2020. Two additional business joined the Chamber in December. The Chamber is currently working on with the Tigard-Tualatin School District on a #WorkReady event for 8th grade students in the spring. Bowl-O-Rama is on Saturday, February 29th at Tigard Bowl. The Tigard Shining Stars Community Awards Gala is Friday,May 1. Mayor Snider invited the Council to join him on a bowling team. E. Public Comment—Sign-up Sheet Jesse Nemec,J.T. Smith Companies, 5285 Meadows Rd#171,Lake Oswego, OR 97035 Mr. Nemec addressed the Council regarding Red Cedar Estates,a subdivision on SW 74th Avenue in Tigard. He said it's a project they have been working on it for several years and is done with construction,but one condition is to underground the overhead utilities. He paid fees to utilities and is waiting for them to finish their work. Failure to complete this condition of approval is holding up their ability to submit the plat. He's worked with City staff to solve the issue but have been unable to achieve a resolution. Mr. Nemec went on to say that House Bill 2306 states a city or county may not withhold a building permit on construction of a residential home or subdivision on the basis all of the conditions of the development have not been met as long as the property owner maintains a bond. He asked Council to help his company get their building permit. Mayor Snider thanked Mr. Nemec and asked City Manager Wine to collect his information and make sure the right staff person is engaged to help solve the issue. City Manager Wine informed the Mayor and Council that she and City Attorney Rihala have been involved and that the only item at issue is not the undergrounding of utilities. She said staff were currently trying to work through multiple issues regarding the project. Mayor Snider committed to getting back to Mr. Nemec following staff discussions. TIGARD CITY COUNCIL MEETING MINUTES —January 14, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 14 4. CONSENT AGENDA—TIGARD CITY COUNCIL A. PROCLAMATION CONGRATULATING TIGARD HIGH SCHOOL MARCHING BAND FOR RECEIVING STATE TITLE Mayor Snider read the proclamation to honor the Tigard High School Band recognizing their winning the state championship held at the University of Oregon in November 2019. Band Director Kati Fantz McKee and numerous band members were in attendance.Youth Councilor Turley congratulated them for their efforts. Councilor Lueb moved for approval of the Consent Agenda as presented and Councilor Anderson seconded the motion. Mayor Snider conducted a vote for approval of the Consent Agenda and the motion passed unanimously. Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider 5. CONSIDER A RESOLUTION INTERPRETING CHARTER CHAPTER V. SECTION 20 REGARDING ORDERS ON THE TREASURY City Attorney Rihala provided the staff report on this item,which came to Council's attention a few months ago. The problem is an ambiguity in the Charter under Chapter V Section 20 statement that"the mayor will countersign all orders on the treasury." She said this phrase is ambiguous. Staff researched local budget law, Government Accounting Standards Board GASB) and resources from the League of Oregon Cities and was unable to find what this phrase means. Council discussed this and determined that their interpretation is that the term"orders on the treasury"means approvals of the City Council making appropriations for the City's budget. This is accomplished by the Mayor's signature on the Council resolution authorizing the appropriation. Staff recommends approval of the resolution. Councilor Lueb moved to approve Resolution No. 20-02. Councilor Newton seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 20-02—A RESOLUTION INTERPRETING TIGARD CHARTER CHAPTER V, SECTION 20 REGARDING ORDERS ON THE TREASURY Mayor Snider conducted a vote and the motion passed unanimously. He stated he brought this discussion forward because he felt it important to clarify his responsibilities. TIGARD CITY COUNCIL MEETING MINUTES —January 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 14 Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider V 6. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TITLES 1, 5, 6 AND 8 OF THE TIGARD MUNICIPAL CODE A. Mayor Snider opened the public hearing. B. Mayor Snider will announce that anyone may offer testimony. There is a sign-up sheet was available. C. City Attorney Rihala gave the staff report. She stated that over the past few years, the City's Community Development Code (CDC) has gone through numerous revisions,including several numerical changes.These changes altered the cross references in the Tigard Municipal Code (TMC),which no longer accurately refer the current CDC. This ordinance would codify and correct references in the TMC to reflect the newly updated CDC. D. Public Testimony—Mayor Snider called upon those who have signed up to testify. There were none. Mayor Snider asked if any members wished to speak and there were none. E. Response to testimony by staff. None. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 20-03 Councilor Anderson stated that it was just a housekeeping issue. He moved to approve Ordinance 20-03. Council President Goodhouse seconded the motion. Mayor Snider asked City Recorder Krager to read the ordinance number and title. Ordinance No. 20-03—AN ORDINANCE AMENDING TITLES 1, 5, 6 AND 8 OF THE TIGARD MUNICIPAL CODE TO CORRECT CITATIONS TO THE TIGARD COMMUNITY DEVELOPMENT CODE Mayor Snider asked that City Recorder Krager conduct a roll call vote. The motion passed unanimously. Yes No Council President Goodhouse V Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider V 7. CONSIDER RESOLUTION APPROVING SIGNING AN AMENDED AND RESTATED TEMPORARY WATER SUPPLY AGREEMENT WITH WILLAMETTE WATER SUPPLY SYSTEM COMMISSION Utility Manager Goodrich presented the staff report requesting Council approve the amended and restated Temporary Water Supply Agreement with the Willamette Water Supply System TIGARD CITY COUNCIL MEETING MINUTES —January 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 14 Commission,which includes the City of Hillsboro, City of Beaverton and Tualatin Valley Water District. This commission is in the process of creating a regional water supply system from the Willamette River from Wilsonville to Hillsboro,including TVWD that contains part of the City of Tigard. The purpose of restating the amendment is first, to get Council approval from the current Council regarding this Water Supply Agreement. The restated agreement requests access not originally identified in the agreement. The second change is that the City would have the opportunity for future water supply from the Willamette River and would have a large interconnection with the system beginning in 2026. The restated agreement increases the size of the connection from a 12-inch to 18-inch diameter pipe, allowing a flow of up to 6 million gallons per day (MGD). The agreement includes costs associated with constructing the larger diameter connection and the pricing for water used by the other agencies in the project prior to the normal use of this pipeline. City Recorder Krager clarified that staff are requesting a motion to approve Resolution 20-03. Mayor Snider said he appreciated the clarification. Council President Goodhouse asked if the 18-inch diameter pipe would be sufficient for the City's future needs. Utility Manager Goodrich stated that the current Lake Oswego Tigard Partnership connection is toward the east. This new connection would be on the opposite end of the City. It would provide water access on both sides of the City. It would also act as supplemental or emergency water. Council President Goodhouse made a motion to approve Resolution No. 20-03. Councilor Newton seconded the motion. City Recorder Krager read the number and title of the resolution. Mayor Snider conducted a vote and the motion passed unanimously. A RESOLUTION ADOPTING AN AMENDED AND RESTATED AGREEMENT FOR TEMPORARY WATER SUPPLY BETWEEN THE WILLAME 1TE WATER SUPPLY SYS 1'EM COMMISSION AND THE CITY OF TIGARD. Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider 8. CONSIDER AN INTERGOVERNMENTAL AGREEMENT WITH CLEAN WATER SERVICES FOR TIGARD TRIANGLE STORMWATER PLANNING City Engineer Faha presented this staff report. She stated that this agreement was needed to complete a budgeted and planned analysis of Red Rock Creek. If done successfully, development in the Tigard Triangle could focus less on stormwater detention facilities on site,while paying toward regional stream restoration. The City is completing this project in conjunction with Clean Water Services (CWS),which guarantees it is approved since they will be doing the project. This will allow CWS to vet the project and partner with them to move forward. TIGARD CITY COUNCIL MEETING MINUTES —January 14, 2020 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 14 Mayor Snider asked if there was a resolution for this item. City Recorder Krager said there was not. Councilor Lueb said she was excited this was moving forward to help with development in the triangle. Councilor Lueb made a motion to approve the Intergovernmental Agreement with Clean Water Services for Tigard Triangle Stormwater Planning. Councilor Anderson seconded the motion Mayor Snider conducted a vote and it passed unanimously. Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider 9. CONSIDER A RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING VACATION OF PUBLIC EASEMENTS City Engineer Lori Faha presented this staff report,which Council has seen several of.With the vacation of right of way and easements in the City of Tigard, the City has to pass a resolution to concur with Washington County. These are typically regarding a vacating of portions of public slope, drainage and utility easements in River Terrace along Roy Rogers Road.There is some new development that has occurred, and the County has requested the City officially concur with the findings. Mayor Snider clarified with the City Recorder that the resolution was No. 20-04. Councilor Newton asked where the vacated easements goes back to. City Engineer Faha replied that it goes back to private property. Council President Goodhouse moved to approve Resolution No. 20-04. Councilor Newton seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 20-04—A RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING VACATION OF PORTIONS OF THE PUBLIC SLOPE,DRAINAGE,AND UTILITY EASEMENTS ALONG SW ROY ROGERS ROAD Mayor Snider conducted a vote and the motion passed unanimously. Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider V 10. DISCUSS TIGARD STATE,AND FEDERAL LEGISLATIVE AGENDAS TIGARD CITY COUNCIL MEETING MINUTES —January 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 14 Senior Management Analyst Nicole Hendrix and Digital Communications Coordinator Eduardo Ramos provided the staff report,introducing the conversation on the state and federal legislative agenda and select 3 to 4 items that Council wants to prioritize. Sr. Manager Analyst Hendrix said that staff got input from CFM Strategic Communications (CFM), a consultant, the City's Leadership Team and League of Other Cities (LOC) and other cities to compile a list. This year the state is in a short session through March 7,leaving a tight timeline for state priorities. She noted that CFM recommended the SW Corridor and COPS Hiring Grant be top priorities,if Council agrees. Mayor Snider asked Council to focus on federal legislation and select 3 to 4 priorities. Mayor Snider confirmed that SW Corridor and COPS Grant would be 2 of the 4 total priorities. Council President Goodhouse asked if the grants and infrastructure items be rolled into one. Mayor Snider elicited feedback from the Council,especially since he was going to Washington, D.C. for the U.S. Conference of Mayors next week and needed to know what the Council's priorities were. Mayor Snider asked if everyone on the Council could agree on those 2 priorities: SW Corridor and the COPS Hiring Grant. No one objected. Councilor Lueb said she also favored infrastructure and transportation, as well as the tax reform. She feels like it's a timely issue and the Council needs to consider the SALT deduction and the impact it could have on funding for the City. Mayor Snider said that the infrastructure and transportation item aligns with the National League of Cities'legislative priorities. Council President Goodhouse asked if infrastructure and the grants could be a combined topic. City Manager Wine said the listing of the projects still needs review and there is work to do on whether all the itemized projects will be included. Mayor Snider asked if the detailed list of projects was valuable. Council President Goodhouse said he thought the extra details were important. City Manager Wine said the analysis staff intended to do was best fit for each funding source. Councilor Newton said she would hate to leave a project out and thereby leave it on the table. Mayor Snider asked for staff's recommendation on including the grants under the infrastructure and transportation section. City Manager Wine said the BUILD grants come from a separate source so it might make sense to call it out separately. Council President Goodhouse said it would be foolish not to prioritize transportation and infrastructure. Mayor Snider asked the Council about their feelings on prioritizing tax reform as was suggested by Councilor Lueb. Councilor Anderson clarified that this would be priority five. The Mayor confirmed. Councilor Newton stated she was concerned about maintaining program levels for CDBG. She said she didn't want to dilute the list, but she feels the FY2020-21 CDBG maintenance funds are particularly vulnerable. Council President Goodhouse stated that they always threaten to cancel the CDBG maintenance funds and they always end up getting funded. Mayor Snider asked staff if the Council was diluting the message by having more than 4 priorities. CFM said that some of these items weren't going to be feasible this session. Council President Goodhouse said to take seismic resiliency off the list. Councilor Anderson said to remove municipal bonds. Council President Goodhouse said FEMA. There was further discussion regarding what was lost in the 2017 tax cuts. Mayor Snider asked if the Council was comfortable deciding on 6 top priorities. He asked staff if they could keep 6 and they confirmed. Federal Legislative Priorities 2020 TIGARD CITY COUNCIL MEETING MINUTES —January 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 14 1. SW Corridor 2. COPS hiring grants 3. Transportation and infrastructure 4. Build grants 5. Tax Reform (SALT deduction) 6. FY2020-21 CDBG maintenance Moving onto the federal legislative agenda, staff explained that the state and CFM agree 99W Corridor should be a priority for Tigard. Council president Goodhouse said the biggest items are the property tax reform and transportation. Mayor Snider said he spent time at the capitol in Salem lobbying for 99W funding earlier today. Council President Goodhouse said he proposed adding the 99W and property tax reform. He clarified that his third choice would be Hall Blvd., not SW Corridor funding. Mayor Snider put the proposal to the Council. Councilor Newton stated she was thinking about affordable housing as she thought this could be an issue in this year's session. Mayor Snider said he thinks the State has done all they can and what would the City be advocating for?He suggested monitoring this issue instead of spending political capital on that issue. Mayor Snider said homelessness has a lot of energy in Salem at the moment,not just affordability. Councilor Lueb said homelessness is also an issue she wanted the Council to consider. She said cities have a real ability to get traction on homelessness and put efforts in this during the short session. In the short session, she doesn't think a large issue like property tax reform would get sufficient traction on the restricted timeline. Mayor Snider proposed transportation/99W corridor funding,property tax reform and homelessness. State Legislative Priorities 2020 1. 99W Corridor Funding 2. Property Tax Reform 3. Homelessness City Manager Wine asked about the Hall Boulevard funding and Mayor Snider responded that it sounded like the Council preferred a 99W-centered approach. Council President echoed that Hall Boulevard was an issue for later time. They suggested it may be on next year's legislative agenda. 11. DISCUSS LOCAL OPTION LEVY City Manager Wine presented the staff report regarding whether to place a police services levy on the May 2020 ballot. She reported that the Council has expressed an interest in moving forward in the May election and staff would like direction regarding what components Council would like included in the levy. Staff have brought the costs of each element proposed for the levy and they hope to get a decision from Council in order to prepare the necessary documents to refer the levy to the ballot at the January 21st meeting. The elements proposed thus far include 8 additional police patrol officers, an additional officer serving as a school resource officer (SRO),advanced training for de-escalation for all sworn officers, and support staff. Finance Director LaFrance and Police Chief McAlpine presented this third iteration of costs. Director LaFrance said he would explain how they reached these costs, TIGARD CITY COUNCIL MEETING MINUTES —January 14, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 14 using a staff member's actual house as an example of the average home in Tigard. He explained that assessed value is not real market value,but typically only a fraction thereof. Director LaFrance said that the levy appears on a property tax bill and is approved for five years. He showed a graphic of property taxes charged to typical home in Tigard. He said on November 12th, staff arrived at a cost of 36 cents per thousand, or about$100 annually, a 2 percent increase from current taxes. Council direction since that meeting has been to remove the Safe Routes to School program, the remove the two officers for the Homeless Outreach Team,and add an SRO,non-sworn support is reduced to 2.0 FTE, de-escalation training from half of the force to one quarter annually. This latest proposal is 8 officers, 1 SRO, de-escalation training for all sworn officers and needed support services. This package could be achieved with a levy rate of 29 cents (per$1,000 assessed value), or roughly an additional$81 per year. Council President Goodhouse asked if they had provided direction to remove the two homeless outreach officers. He asked Chief McAlpine whether two officers are required or if one would suffice. Chief McAlpine said her recommendation is two officers for officer safety concerns. He asked about adding back in the two homeless outreach and support for those. Director LaFrance said adding this component back to the package, the levy rate would be roughly 36 cents, or$100 annually for a typical Tigard home. Mayor Snider clarified that the 36-cent rate would include 8 officers, 1 SRO, 2 homeless outreach officers, de-escalation training for all sworn officers and needed support services. City Manager Wine asked about support costs for 11 officers. Director LaFrance said staff could go back to 3.0 FTE for support staff if the two homeless outreach officers are included. This third FTE does include that additional support staff cost. Mayor Snider asked if the Council was just considering whether to include the two homeless outreach officers in order to focus the conversation. Councilor Lueb said she continues to go back to Chief McAlpine's assessment of the community and the recommendations based on recent trends. She stated her priorities are the patrol officers, the two homeless outreach officers, and de-escalation training. She said she was willing to discuss the addition of the SRO,but that the homeless outreach officers are what is most needed in Tigard. Councilor Anderson said he supported the 29-cent rate package because he felt it would be more likely to pass. He stated that Council could build onto those services later,but that this was a political decision. He supports the package with 8 officers and an SRO. Youth Councilor Turley stated she could see how an SRO would be supported by parents in the community,who may be more inclined to support the levy. However, she said she can also see that homeless outreach is a big priority and so she would be in favor of dropping SRO for homeless outreach officers. Councilor Newton said she was inclined to support Councilor Lueb's position as well. She explained that the highest priority in the performance audit is the patrol and she is concerned with diluting the Council's message to the voters. If their top priorities are to get homeless TIGARD CITY COUNCIL MEETING MINUTES —January 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 10 of 14 outreach officers on the street, these are stories that can be told around those asks. She said she was not opposed to SRO,but she says that isn't related to the types of calls police are receiving. Mayor Snider said he believed it would be much less likely to pass without an SRO. In order to get the additional 8 officers on patrol,he thinks they must include the SRO in the levy package. He said he would like to see the levy rate under 30 cents,but that not including the SRO would be foolish. Councilor Newton asked Chief McAlpine if she could use the additional officers to do homeless outreach. She said there was a level of transparency and she does have specific concerns. She acknowledged she could deploy officers how she saw fit. In her view, the difference between dedicated homeless resources and piece-meal coverage is expertise and consistency. In the last year, they went from 4 to 2 officers and to her knowledge, they met all their needs. Councilor Newton summarized that Chief McAlpine was talking about building relationships in the community and being proactive,not just being responsive and taking reports. She clarified that their most immediate needs are increase in patrols,increased minimums,more even distributed across the City and time to handle more than one crisis at a time.The homeless outreach issue is something they are being asked to address more and more. Council President Goodhouse said he preferred keeping the rate below 30 cents in order to get the levy passed. Mayor Snider recapped that he had heard both Councilor Anderson and Council President Goodhouse agree. He asked for Councilor Lueb and Councilor Newton to weigh in. Councilor Lueb pointed out that the survey results showed them that the matter wasn't very price sensitive,but whether the voter was willing to support the police or not. She stated that the full package (at the 36-cent levy rate)with homeless outreach officers and an SRO keeps the average annual assessment below$100. She wondered whether the 30-cent ceiling was reasonable. Council President Goodhouse said that they had surveyed the community for a 29-cent rate and a 33-cent rate,but not up to 36 cents (per$1,000 assessed value). Councilor Newton clarified that the full package without the SRO requires only a 33-cent rate. Mayor Snider and Council president Goodhouse both agreed that it was not a good idea to not include an SRO if they want the levy to pass. Council President Goodhouse suggested keeping the levy as lean as they can. He also stated a concern over a lack of homelessness resources in the area for the homeless outreach team to refer people to. Director LaFrance clarified that the SRO and the Safe Routes to Schools items were comparable in terms of their impact on the levy rate, or the amount charged per$1,000 assessed value of a property. Councilor Anderson said he would love to support the Chief fully but wants the measure to pass.What they put to the voters needs to be the most bare bones package possible. Chief McAlpine stated that at the end of the day, she truly needs 8 officers. There are other needs,but this is the most important,with the support to go along with that. Mayor Snider asked Councilors Lueb and Newton if they could live with the proposed levy package at the 29-cent rate. Councilor Newton stated she leans toward the homeless outreach TIGARD CITY COUNCIL MEETING MINUTES —January 14, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 14 officers,but that the performance audit does recommend the City get another SRO. She said Council needs to address the police services and so she was all in. Councilor Lueb said her concern was what if the homelessness situation gets worse in the next five years. Council President Goodhouse asked if the Community Oriented Police Services (COPS) grant go towards homeless outreach officers? Chief McAlpine explained that those would be a low priority under the grant,which prioritizes an SRO. Staff and Chief McAlpine clarified that the COPS grant funding can't be supplanted as he was suggesting. Councilor Newton said she will endorse the levy package and will be going door to door in support. Councilor Lueb said she will support the levy as proposed. Council moved on to the ballot title. City Manager Wine clarified that what staff need is the information for the City Attorney to draft the ballot title. They won't have specific language at the current meeting but will bring back prepared draft language at their next meeting based on Council input tonight. City Attorney Rihala asked if the Council had any specific words,phrases or ideas that they would like included in the ballot language. Mayor Snider asked if they would be permitted to say that the question the Council is asking is whether to fund police services this way or another way. City Attorney Rihala explained that yes, Council can state the meaning of a no vote is that the Council would solve this problem with a different funding mechanism and in fact the City did use this language for the previous gas tax measure. Council President Goodhouse read some of his ideas for ballot title language. They included: Increase neighborhood police patrols with 5-year local option levy Meet Tigard's growing police patrol needs with local option levy Keep Tigard safe with Tigard Police local option levy There was further discussion regarding what should be considered in drafting the ballot language. These included: Using bullet points specifically showing what people will get for their money Council President Goodhouse, Councilor Newton Third grade reading level Mayor Snider, Council President Goodhouse Adding 8 officers and 1 SRO plus de-escalation training (with further explanation of training) Mayor Snider Tell the story about how people will benefit, for example,relationship building in neighborhoods in order to solve neighborhood issues Councilor Newton 29-cent levy rate is affordable, only$80 for a typical house in Tigard Councilor Anderson Say"based on assessed value"not real market value Council President Goodhouse Use the work community instead of neighborhood because community policing is more widely known and understandable Councilor Lueb TIGARD CITY COUNCIL MEETING MINUTES —January 14, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 14 Explain that it changes from 3 officers in 5 districts to 1 officer in each of 5 districts Council President Goodhouse Note that population has changed to 54,000, staffing levels have not changed in 20 years Council President Goodhouse Mayor Snider asked about the number of sworn officers at any given time. Chief McAlpine said the City has 31 officers,but it's about 26 or 27 day-to-day (due to deployments,leave,vacation), which is very low. She said there are four officers currently in the training program at various stages. Mayor Snider said they may want to take the number of real front-line people in patrol over the last year and indicate what the levy will change in order to demonstrate the value. He said Council should convey that in a simple and clear way that is accurate. Chief McAlpine said that the average citizen does not understand minimum staffing. Councilor Anderson asked how long the City has been at the current staffing levels. Chief McAlpine said the amount has changed,but at least 10 years. Mayor Snider clarified that the City has been at minimum staffing since he was in the reserves,20 years ago. Council President Goodhouse said they should include something that conveys the City is currently operating below the minimum acceptable service levels for police. Councilor Newton agreed that the staffing levels really tell the story. She figures that the typical house would only pay about$7 a month in additional property taxes. Council President Goodhouse and Councilor Newton thought it was also important to reference the performance audit. Mayor Snider asked City Attorney Rihala if she had what she needed to draft the ballot language. She asked the Council what their consensus was on presenting the levy cost,whether to use the cost per day,week, month,year. Mayor Snider said it was 22 cents per day or about$6.80 a month. Councilor Lueb thought it made the most sense to express the figure in monthly terms, which is typically how people budget. City Manager Wine said Council will see the ballot title next week,which will consist of the caption, the question and the summary. Mayor Snider stated he would be out of town for the next meeting,but that he would leave his input with City Attorney Rihala. He stated he hoped the Council would decide next week and take formal action. City Manager Wine clarified that staff will bring a resolution before Council directing staff to do what is necessary to refer the measure to the ballot. She confirmed that Council could delay the referral if that was their desire. 12. NON-AGENDA ITEMS There were none. 13. ADMINISTRATIVE REPORT City Manager Wine reminded council of two items:A Cocoa and Cookies with Council event on January 25th in the Library Community Room beginning at 11:30 a.m. Council agreed that a letter of support should be written to Senator Merkley responding to a federal bill that would prevent cable companies from deducting PEG fees from franchise fees. The Council sang Happy Birthday to Finance and Information Services Director LaFrance. TIGARD CITY COUNCIL MEETING MINUTES -January 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 13 of 14 14. ADJOURNMENT At 9:35 p.m. Councilor Newton motioned for adjournment. Councilor Lueb seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson V Mayor Snider Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —January 14, 2020 City of Tigard ( 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 14 of 14 City of Tigard Tigard City Council Meeting Minutes TIGARD January 21, 2020 1. BUSINESS MEETING A. At 6:31 p.m. Council President Goodhouse called the Tigard City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Mayor Snider 1 Youth Councilor Turley V Council President Goodhouse V Councilor Newton V Councilor Lueb V Councilor Anderson V C. Council President Goodhouse asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None. 2. PUBLIC HEARING: CONSIDER APPROVAL OF RESOLUTION FOR THE FY 2020 SECOND QUARTER BUDGET SUPPLEMENTAL A. Council President Goodhouse opened the Public Hearing. B. Council President Goodhouse announced that anyone may offer testimony.A sign-up sheet was available at the front of the room. No one signed up to testify. C Management Analyst Kang provided the staff report on the FY 2020 2nd Quarter Budget Supplemental. He explained that the agenda item summary contained additional detail related to each of the requests. City Management has one request from the Human Resources division. The City moved its Workers' Compensation (WC) insurance from a high cost guaranteed rate plan to a retrospective rate plan for fiscal years from FY17 to FY19,which has resulted in annual overall savings, but requires an additional upfront premium payment which was not budgeted. The Police department has two requests. The first one is a replacement of the crashed police vehicle,the full cost of which will be funded by the insurance reimbursement payment.The second request is for the FY2020 Traffic Safety Grant.This covers overtime expenses and revenue reimbursement related to executing the traffic safety grants. Grants are administered through ODOT and include DUII high visibility,safety belt,pedestrian safety,distracted driving and speed enforcement programs. TIGARD CITY COUNCIL MEETING MINUTES-January 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 13 The Public Works department has two requests. One is to increase the consulting services budget for public engagement and outreach efforts. The second request is to fund a consultant to assist with the update to the outdated Engineering Design Standards. The Capital Improvement Plan (CIP) fund includes four supplemental requests. Management Analyst Kang highlighted two of the projects: 95065 Pacific Highway Street Lights (SFLP Grant)—Many intersections on Pacific Highway do not have sufficient lighting. This grant will install street lights at unlit quadrants of intersections where they do not already exist along Pacific Highway through the City.This project will be primarily funded with a grant from ODOT using the StateFundLocalProject (SFLP) program. 96054 Emergency Street and Water Greenfield and Gaarde—Water experienced a main break on Greenfield Drive on November 23rd.A consultant has been hired and staff is working to design the necessary repairs.They also incurred significant costs to close the road and post appropriate signage. The amount requested is for FY2020 only. Kang concluded that staff were recommending approval through the adoption of the resolution. D. Public Testimony—Council President Goodhouse asked if anyone present wanted to speak. There was none. E. Response to testimony by staff was not necessary as there was no testimony. F. Council President Goodhouse closed the Public Hearing. G. Council Discussion and Consideration: Resolution No. 20-05 Councilor Newton asked where the funds for the Public Works outreach contract would be charged and Management Analyst Kang said it would be coming from the Public Works Administration contingency fund. Public Works Director Rager said the contract is for ongoing as well as unanticipated work. He stated there is a lot going on and it is more work than the current FTE can handle and staff need flexibility to bring in people when needed to supplement their work. Councilor Newton said she was glad to see the Pacific Highway street lights project,but asked if its schedule affects any other CIP project timing. City Engineer Faha said the City received a grant which would have been managed by ODOT. They federalized the project and gave the City money to manage the project. She said other CIP projects would not see much impact. Councilor Newton moved to approve Resolution No. 20-05 and Councilor Anderson seconded the motion. City Recorder Kroger read the number and title of the resolution. Resolution No. 20-05—A RESOLUTION TO ADOPT THE FY 2020 SECOND QUARTER BUDGET SUPPLEMENTAL INCLUDING BUDGET ADJUSTMENTS TO PUBLIC WORKS,POLICY AND ADMINISTRATION,AND COMMUNITY SERVICES Council President Goodhouse conducted a vote and the motion passed unanimously among the members present. TIGARD CITY COUNCIL MEETING MINUTES-January 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 13 Yes No Absent Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson 3. RECEIVE UPDA'1'h ON ASSET MANAGEMENT PROGRAM FOR LAKE OSWEGO-TIGARD WATER PARTNERSHIP Utility Manager Goodrich and Management Analyst Rico gave the staff report. Utility Manager Goodrich stated that they were before Council to determine a funding reserve strategy to meet the needs of the City's shared assets with the City of Lake Oswego in the Lake Oswego-Tigard Partnership (LOT). If Council is in agreement, staff request a motion to adopt the reserve fund requirements for the two partners to review and adopt. Utility Manager Goodrich explained that both the City of Lake Oswego and City of Tigard asked that this issue be tabled for five years,beginning in 2016. Now that time period is nearing the end and staff have done a thorough analysis of the consultant's report with Management AnalystRico. They provided a presentation to the Council, beginning with the background of the LOT project. Under the current asset replacement program, the total cost is $254 Million. Construction on the project began in 2010 and completed in 2018. There is an inventory of all assets in those supply facilities,including current value, repair/replacement costs as well as a repair/replacement schedule for the life of each asset. In the consultant's analysis, they identified$169 million worth of assets that would be replaced over 90 years. Staff were able to revise an asset repair/replacement schedule that totaled$180 million over a 50-year timeframe. Staff then reviewed the list and stripped out smaller cost items that would be included as a regular budget item in that year. Utility Manager Goodrich explained that the goal is to develop a business plan with an annual reserve to meet the repair/replacement needs. The agreement does not require the cities to use the same funding mechanism and so there are many options available. Staff believes their estimates are conservative and would last the course of the 50-year schedule. Management Analyst Rico described some assumptions that go into the analysis. The$180 million incorporates all the repair/replacement costs over the useful life of all the assets, unlike the$169 estimate. The cost allocations and who benefits from each asset is a major consideration as well. The total cost over the 50-year timeframe is an average annual cost of$1.9 million for the CityofTigardand $1.8 million for the City of Lake Oswego. Staff reviewed three prepared options. Option 1 sets aside 1% of the total cost annually. Based on staff analysis, funding shortfall would occur in 2030 and therefore this option would require supplemental funding. Option 2 sets aside 1.5% annually.A funding shortfall would occur in 2045. TIGARD CITY COUNCIL MEETING MINUTES-January 21, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 13 Option 3 is called an inclining block strategy. This strategy increases the total portion set aside in blocks over time.This promotes intergenerational equity by requiring future users to pay more toward the asset repair/replacement since current users paid more toward construction of the project.A benefit of this scenario is that it can be customized to fit each individual City's debt schedule. Under the Option 3 scenario, staff recommended starting at 2.5% and increasing every ten years. This reserve amount alone will not cover all the costs for each year. The City of LakeOswegowasconsideringasimilarfundingstrategyof1.15% set aside annually,increasing to2.5% over time. Utility Manager Goodrich explained that these funding strategy options were presented at the Oversight Committee for both Lake Oswego and Tigard partnership members. In November,Lake Oswego representatives approached their Council and provided this information. At that time, the Council was leaning toward the inclining block strategy starting at a 1.15%reserve. Also in November,this funding strategy information was presented to the Water Advisory Board. They moved to approve a recommendation to the cities to move forward with funding Option 3,or the inclining block strategy. Councilor Lueb asked if the replacement value was based on current value or future replacement value. Utility Manager Goodrich said that he recalled the consultant did not use any escalators.Their analysis focused more on the strategy and not what would happen in future years. He told Councilor Lueb that no, there was no escalator included in that original analysis in 2016. Council President Goodhouse asked what the increased amount equates to on a customer's bill. Utility Manager Goodrich said it could be fully funded by rates, a combination of rates and water SDC reimbursements, embedded in higher consumption rates,or a factor added to the customer service charge. Mr. Goodrich said that staff want to wait for the cost of service analysis and let the consultant to provide them with recommendations on how to fund the $1.16 million. Council President Goodhouse asked if additional growth would add to the pot and lower rates for all customers. Utility Manager Goodrich explained that customer growth is hard to anticipate in the 10 to 20-year range, but that in his 15 years with the City,Tigard's water utility has increased from 15,000 to a 19,945-customer base. New users would increase revenue,but also cost of providing service and maintaining infrastructure. Council President Goodhouse asked if there was a staff recommendation. Utility Manager Goodrich reiterated that their recommendation to the Water Board and Oversight Committee was to go with Option 3 as a funding strategy. Councilor Newton said they gave a very thorough overview to the Oversight Committee and she appreciated that as well as the time staff took to weed out the smaller dollar amounts. She liked the flexibility of Option 3 and favors that one. Councilor Lueb echoed that she also liked Option 3 and how it spreads the cost out. Council President Goodhouse agreed. TIGARD CITY COUNCIL MEETING MINUTES-January 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 13 Council President Goodhouse asked if there was a motion to adopt Tigard's reserve fund requirements for the Lake Oswego-Tigard Joint Water System Asset Replacement Program based on one of the staff options as presented. Councilor Lueb moved to adopt Tigard's reserve fund requirements for the Lake Oswego- Tigard Joint Water System Asset Replacement Program based on Option 3—Reserve 1.25% Inclining Block Strategy with progressive increases. Councilor Newton seconded the motion and the motion passed unanimously among the councilors present. Yes No Absent Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson 4. RECEIVE BRIEFING ON SHORT 1'hRM RENTALS Senior Planner Schuyler Warren presented this staff report,which he explained is the second briefing in a three-part series centered around short-term residency.The Council has received a briefing previously on safe lots.This will be a change to short term rentals,which are any rentals not on a month to month basis are short term rentals. Familiarly known as AirBnBs or VRBO, among others,typically they are converting residences to places where tourists can stay. All short-term rentals in the City are considered commercial lodging and not allowed in residential zones.Although allowed in some commercial and mixed-use areas,as well as one industrial zone. There are no real regulations,except where the Tigard Municipal Code (TMC) assesses a Transient Lodging Tax (T'LT) on all short term stays.Aside from current practice, these are treated as a code enforcement issue. The system is complaint based, so it is typically neighbors that report it when they're being impacted by the use. The problems are that use as a rental is officially prohibited by the TMC,but also that if the homeowner is also living there,it could be considered a home occupation use and no business license required. Senior Planner Warren said he is aware that staff receive regular inquiries from the public,and that the Mayor and Council have also been contacted. He described approaches to short-term rental regulation that is occurring in other cities. Portland is the only city that outright allows these uses and they were the first city in the country to do so. In exchange,the City places restrictive approval and ongoing licensing processes onto those uses,which can total thousands of dollars in costs. Other cities consider them as a bed and breakfast use,which is allowed under their existing city code. Beaverton,Hillsboro and Gresham all require homeowners go through a discretionary process before a hearings officer or planning commission for approval to use properties as short-term rentals,and these processes can be prohibitively expensive. One marked exception is the City of Milwaukie,which treats them as a home occupation use and regulates them as such. Bend has the most comprehensive set of regulations,because their rental market has affected their ability to provide housing to their residents. TIGARD CITY COUNCIL MEETING MINUTES-January 21, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 13 Salem treats different short-term rentals differently based on if the homeowner will be living on site.The City of Eugene has just started a process to explore regulations. Redmond also has a regulatory program. Frequently, staff will be contact by someone who says they got a notice short-term rentals weren't legal, but they are paying the TLT. How can the City charge a tax on something that is illegal?The City sets the TLT in the TMC but it is collected on the City's behalf by the county for all short-term rentals and remitted back to the City. The county has a separate agreement in place with AirBnB to collect all TLTs due and remit them to the county.These TLTs don't come tied to addresses,however,and AirBnB doesn't check if their rentals are legal for each property.The public using these services sees "Tigard Transient Lodging Tax"on their invoice and they think the City has charged the tax to them.This creates the appearance of a tacit approval from the City. Benefits of short-term rentals include allowing households to supplement income and increases tourism. The biggest drawback is impact of short-term rentals on housing availability.Most ADUs or houses rented out reduce the City's housing stock. Rentals also create an increase in costs to administer,collect fees and ensure compliance. There are also impacts on the surrounding neighborhood from transient renters. It only takes one bad short term stay to sour a neighborhood.Allowing rentals may also incentivize investor operators to buy housing stock to convert to short-term rentals. Staff recommends keeping current regulations and practices in place in order to protects the City's ongoing investment in housing affordability. It keeps us in line with the rest of the region. Councilor Anderson asked if staff were receiving complaints from short-term rentals. Senior Planner Warren confirmed that they have received code enforcement complaints regarding noisy tenants and lots of cars parked on neighborhood streets. Staff have also received complaints from homeowners who want a legal process to rent their property. Councilor Newton said there are people interested in an owner-occupied situation as a strategy to stay in their home.These are people just wanting to rent out rooms. She asked Senior Planner Warren if the City would accommodate an owner-occupied situation in order to help them stay in their home. He responded that this is a compelling use case on how this could be brought into neighborhoods. The question is where the overhead for the City in tracking and enforcement will come from. Other considerations include how the City would access the number of nights and additional information. Councilor Anderson commented on what he hears from investors in the real estate market. He said they have been looking for long-term rentals and he has not seen any investors go toward a short-term rental strategy when they could have a longer term tenant. Councilor Lueb asked Councilor Anderson if he thought that was the case because of the current regulations in Tigard. He said that no,he thought it would be more expensive and costly to investors. Council President Goodhouse would like to keep monitoring the trends,including what other states and cities in Oregon are doing. He suggested that it may be nice to allow these if owners TIGARD CITY COUNCIL MEETING MINUTES—January 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 13 have an extra room, since roommates should be acceptable. He said it was something to thinkaboutdowntheroad. Councilor Newton asked if staff could model this program like a home occupation agreement, which has owners accept certain conditions in order for their home occupation permit and if they didn't follow the conditions they pull the permit. This system relies on someone in the neighborhood noticing and then reporting a violation,however. She agreed that the Council should continue to monitor this issue as it evolves. Council President Goodhouse said he thought Canby had recently changed to an owner- occupied system allowing folks to supplement their income with additional roommates. City Manager Wine clarified that short-term rentals are by definition less than 30 days. She stated this is different from simply getting a roommate. Councilor Anderson asked about the taxes that go to Washington County and whether they come back to the City. Senior Planner Warren said that the funds are remitted in bulk and without detail as to where the taxes were collected from. There is a new settlement between the City of Portland and AirBnB that requires the short-term rental company check to make sure a given listing is permitted by the City as a short-term rental. 5. RECEIVE UPDATE OF MEMORANDUM OF UNDERSTANDING FOR SW CORRIDOR PROJECT Project Planner Pagenstecher,Senior Transportation Planner Roth and Community Development Director Asher presented this item. Project Planner Pagenstecher and Senior Transportation Planner Roth introduced this first update to the memorandum of understanding(MOU) signed by TriMet and the City of Tigard in November 2018. He said they'd cover the MOU status to date,and two of nine total agreements that implicate the Conceptual Design Report (CDR) and the second being the minimum operable segment MOS) of the alignment. Staff will also provide context as to the schedule for the SW Corridor project. The final CDR is expected to be completed by May.The 30-percent design completion is scheduled to be completed by June and Final Environmental Impact Statement (FEIS) completion is scheduled around the same time. The MOU is based on nine total agreements and memorializes the commitment of both parties to address the land use transportation redevelopment and fiscal impacts as a result of the preferred alternative alignment. Staff track all nine agreements,but are paying particular attention to the commitments regarding the downtown station and the CDR,including conditions A-E. These conditions relate to the downtown station located east of Hall, the Hall Blvd design between the freight railroad and Hunziker Street, and a Transit-Oriented Development(TOD) supported shared use parking facility, a TOD operation and maintenance facility location and design,as well as the TOD TIGARD CITY COUNCIL MEETING MINUTES—January 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 13 supported planning and design to ensure employment density. The second item staff are following closely is the MOS,which staff cover in depth later in their presentation. Project Planner Pagenstecher explained that the SW Corridor Light Rail Project Conceptual Design Report has been under development for the past year. The current draft represents a point in time understanding of the issues along the entire alignment from Portland to Tualatin. The sections include those on process,corridor context,the light rail transit design elements and station design concepts. It will be published in late January and will be presented to the CityCouncilonMarch18. Staff showed the entire alignment of the proposed light rail and explained they would highlight elements along the route.They explained they are tracking a number of issues for possible resolution prior to the final publication of the report in July 2020. These issues and disagreements include: Pedestrian safety crossing of Pacific Hwy 70th Avenue right-of-way section and street improvements between Atlanta and Baylor Non-ballasted trackway within 70th Avenue right-of-way between Atlanta and Elmhurst and Elmhurst between 70th and 72nd) Integrated LRT and pedestrian/bike bridge over Hwy 217 between 72nd and Hunziker Extent and design of Hall Blvd improvements between Hunziker and the freight railroad Redevelopment potential adjacent to the Operations and Maintenance Facility Bonita Rd right-of-way section and improvements at station area Context-sensitive design of elevated structures over 68th,Red Rock Creek,Dartmouth, Hwy 217 and Bonita. Council President Goodhouse asked if an entire area was going to be used as a park and ride. Project Planner Pagenstecher said that it was required to be a park and ride and that they could not remove any parking, since the entire property is subject to the transit-related improvement. Councilor Newton asked a clarifying question regarding funding for the multi-use path over Hwy 217 and Project Planner Pagenstecher confirmed that the City would have a year to find funding for the multi-modal bridge component. Senior Transportation Planner Roth said the Council will review the actual CDR document sometime in the next couple of months. He said he was going to cover Items 2.b and 2.c of the MOU. Item 2.b states that parties will work together with ODOT for a redesign of Hall Blvd and light rail station area from the freight railroad to Hunziker street. He clarified that they are referring to Hunziker Street and the freight railroad south of Commercial Street. Senior Transportation Planner Roth said that significant design changes have been made that realigned the SW Hunziker and SW Scoffins intersection. By moving the intersection south on Hunziker, aligning it with Scoffins,thereby consolidating it into a single intersection. Staff worked closely with TriMet to understand the cross-section requirements in the station area. They have designed a three-lane cross-section that would have a median treatment or middle turn lane with completed sidewalks where they are currently unimproved). Railroad tracks will be slightly realigned,which expands the project boundaries to the south. TIGARD CITY COUNCIL MEETING MINUTES -January 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 13 A primary expectation and a concern of staff is pedestrian access improvements that are not only right in front of the station,but also continue south to the freight railroad crossing.At a minimum staff would like to see the sidewalks continue.Another staff concern is how the design will facilitate visibility in a high-quality pedestrian experience on Commercial between downtown Tigard and the station. They expect some improvement to the sidewalks, as well as increased bus activity on Commercial. The final staff concern relates to bicycle facilities, currently designed as on street,unprotected bike lanes. If there is going to be redevelopment, staff see this as an opportunity to bring a more comfortable and separated cycling experience. They have also considered how stormwater will be treated in the station area and how much surface area is being taken up by stormwaterfacilitiesorponds. The designs for SW Corridor will be presented at 15,30, 60-percent design points so there is still an expectation that TriMet will come and present to the Council at each of these milestones. Council President Goodhouse asked if they would come to Council for approval at those points. Senior Transportation Planner Roth said the MOU does not specify that TriMet needs Council's approval,just that they would come to present at those points. Council President Goodhouse asked about the Hall crossing and the chances for getting an elevated crosswalk. He asked what kind of crossing was being designed for this intersection. Senior Transportation Planner Roth said there will be a new fully-signaled crossing at Commercial Street with a median. Council President Goodhouse asked if that could be placed that close to the railroad tracks. Staff said that it was a good point and all signals will need to be closely coordinated. Council President Goodhouse asked if they could ask for additional parking. Senior Planner Roth said that was a great segue into his next item. He asked for any additional questions before moving on to parking. Councilor Newton asked if there could be a pavement treatment to show people where to cross at that intersection. Staff said they had not reached that level of detail yet in the designs. She said she was also concerned about the amount of parking at both 68th and Hall stations. Item 2.c of the MOU states that Tigard wants TOD to occur around the downtown Tigard station and recognizes that the cost of parking facilities is a financial hurdle to feasibility.TriMet is showing 100 surface spaces accessible from Hunziker. Staff have approached TriMet with a shared parking agreement at Hall Blvd. Facilitation of TOD will be compromised by surface,instead of structured,park and ride stations. Staff are concerned that if the Minimum Operable Segment (MOS) is selected, the project will have to accommodate 300 spaces currently located at the Bridgeport Transit Center. It's been suggested that those 300 surface spaces would be relocated adjacent to the station in downtown Tigard,replacing the 100 spaces currently planned. That would compete with land for other uses. Council President Goodhouse commented that the City wants a parking structure. The area will grow in the next few decades and 100 spaces is not even enough parking now. Councilor Newton said that parking structures were originally planned at 68th and Hall. TIGARD CITY COUNCIL MEETING MINUTES—January 21, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 13 Project Planner Pagenstecher explained the MOS is required by the Federal Transit Administration (FTA). The steering committee decided in December 2019 that the terminus would be located at Upper Boones Ferry Road. MOU Item 3 states that if it doesn't terminate at Bridgeport, that the City and TriMet will work jointly to locate and design an MOS station in advance of the FEIS publication,due this summer. Council President Goodhouse asked if staff would bring this back to Council and when. Project Planner Pagenstecher said they will want to bring to Council before giving the City's formal answer to the MOU. Council President Goodhouse asked what would happen if the funding measure does not pass in November. Staff said they didn't know the answer to that. Community Director Kenny Asher stated that is not something that has been talked about very much,but it's understood that the project planning would stop if the funding measure fails. The question would be if the region could ever get it going again.There is simply no identified funding mechanism to replace it. 6. CONSIDERATION OF A RESOLUTION REFERRING A LOCAL OPTION LEVY City Attorney Rihala explained that staff are ready to refer the measure to the ballot once the Council has agreed on ballot title language. She reviewed that ballot titles have three sections that are word-limited—Caption (10 words), Question (20 words),and Summary(175 words)— that are governed by statute as to their contents. Staff have provided a draft of these three sections as a starting point for discussion.They began with the caption. Councilor Newton said she had no problems with the caption as written. Council President Goodhouse said that he and Mayor Snider have gone over the draft language and have one minor change in the question. He said that they felt the caption was fine. Councilor Anderson said he liked the caption. Next,they reviewed the question. Council President Goodhouse said that the 29 cents/1,000 did not convey what that meant to the average voter. He worked with the City Attorney to add assessed value" and remove "a" and"resource."This is because they state the full term, school resource officer below. Councilor Lueb stated she felt it should be "Shall Tigard increase Police patrol officers"in order to remove the jargon of"Minimums."She said she would like to keep the word resource in the question. Council President Goodhouse stated they used the word minimum to emphasize that they are operating below acceptable standards. Councilor Lueb questioned that people would read the entire summary, so the question still needed the term "resource"included. Councilor Newton said they could remove the word "police" since it's implied in the term "patrol officers." She said she agreed with Councilor Lueb that"resource"needed to remain. City Manager Wine clarified that were adding the term "assessed value"to the question. Moving onto the summary, Councilor Newton said she felt that this section could be rephrased to be more compelling, especially regarding the increase between 2010 and 2018. She asked if including actual numbers would be more compelling to demonstrate the difference. Chief McAlpine provided some data to the Council for consideration. Councilor Newton said that she found that paragraph confusing. TIGARD CITY COUNCIL MEETING MINUTES-January 21, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 10 of 13 Council President Goodhouse stated they need to emphasize that the City has not increased staffing levels in 25 years. He agreed they could reword the second sentence. Chief McAlpine stated that from 2010 to 2018, officer staffing went down 4 percent,while population increased by 13.6 percent and calls for service increased 27 percent. City Manager Wine stated staff were hoping to finalize language tonight in order to refer the measure to the ballot. Councilor Newton suggested stating patrol staffing is currently 3 to 4 officers citywide. This is insufficient to cover each of the City's 5 patrol districts. Councilor Lueb said she had issues with the introduction to the summary. She said they want a call to action and not simply factual. She said she preferred starting with the surprising data as a call to action to voters. Councilor Newton said she agreed in concept,but she was worried about wording. There was further discussion regarding certain words and the word count of the summary.Councilor Newton said she'd like to use the word officer with "patrol."She said she'd like to say that from 2010 to 2018 the officer staffing decreased 4 percent. Chief McAlpine reported that sworn officers went from 72 to 69 (a decrease of 4 percent),those allocated to patrol went from 36 to 34 (not 4 percent). Chief McAlpine added they haven't had 34 patrol officers on the force in a few years. Council discussed how best to present this information to voters. Councilor Lueb asked about moving the performance audit reference to earlier in the summary. Councilor Newton said she'd like to include that a 2019 independent performance audit recommended the additional of 8 officers and 1 school resource officer.Youth Councilor Turley asked if they were repeating information by listing what the audit suggested as well as what the measure would do. Councilor Lueb said she liked the idea of tying those 2 ideas together. Council President Goodhouse suggested they remove additional details,paring it down to, "A 2019 independent performance audit recommended the addition of 8 new officers and an additional school resource officer." Councilor Lueb said she felt the first bullet point listed too many services.There was further discussion regarding the wording of the bullet point items. Council considered different ways of saying the same things in an effort to develop compelling language. Chief McAlpine said that a recent study and common threads in what she hears from the public is that school resource officers enhance school safety. She suggested the Council use that language. Councilor Newton agreed with this premise and said she liked the word"enhance"in this context. Council discussed the final bullet point and how the terms mental health crises and de-escalation training are used. Council President Goodhouse suggested not using the word crisis and thought that was unclear. Chief McAlpine pointed out that both Tigard and County polling has shown that"advanced training in mental health,crisis intervention and de-escalation"were highly regarded by the public without any further explanation. Councilor Lueb thought that the final bullet should read as an action item like the previous two bullets in order to remain consistent. Council President Goodhouse agreed. Chief McAlpine suggested they explain police need this training to address the increase in these types of calls. There was further discussion regarding the word minimum. TIGARD CITY COUNCIL MEETING MINUTES—January 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 11 of 13 Councilor Lueb asked Chief McAlpine felt about the wording the Council had landed on. Chief McAlpine said she felt the work the Council has done tonight has improved their message. The Summary as edited by the Council: Despite significant increases in population,the minimum patrol staffing has remained the same over the past 25 years. Patrol staff is currently 2 to 4 officers per shift citywide.This is insufficient to cover each of the City's 5 patrol districts. Patrol staffing is not keeping up with demands for service. From 2010-2018 police officer staffing decreased 4%while the population increased 13.6%and calls for service increased 27%. A 2019 independent performance audit recommended the addition of eight new officers and an additional school resource officer. Passage if this measure would enable the Tigard Police Department to: Hire 8 additional patrol officers to respond to increased calls for service,multiple emergencies at the same time, and community patrols. Add 1 school resource officer to enhance student safety. Train all sworn officers in advanced crises intervention and de-escalation to address increased mental health crises. The cost of this levy on a typical Tigard home with an assessed value of$280,000 ($447,000 market value) would be$81 per year,or$6.75 per month. Estimated Revenues for each year of the levy: 2020-21: $1,980,000 2021-22: $2,050,000 2022-23: $2,130,000 2023-24: $2,200,000 2024-25: $2,280,000 Council President Goodhouse asked if they had to make any special additions to the motion for the resolution. Councilor Newton moved to approve Resolution 20-06 as amended in the meeting. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 20-06—A RESOLUTION APPROVING REFERRAL TO THE ELECTORS OF THE CITY OF TIGARD AT THE MAY 19,2020 PRIMARY ELECTION,THE QUESTION OF WHETHER TO ISSUE A FIVE-YEAR OPERATING LEVY, as amended Resolution No. 20-06 as amended was adopted by a unanimous vote of the Council members present. TIGARD CITY COUNCIL MEETING MINUTES—January 21, 2020 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 12 of 13 Yes No Absent Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson 7. NON-AGENDA ITEMS—None. 8. ADMINISTRATIVE REPORT—None. 9. ADJOURNMENT At 8:56 p.m.,Councilor Newton made a motion for adjournment. Councilor Lueb seconded and the motion passed unanimously among the Councilors present. Yes No Absent Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson V Carol A. Krager, City Recorder Attest: John Goodhouse, Council President Date: TIGARD CITY COUNCIL MEETING MINUTES-January 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 13 of 13 AIS-4269 4. Business Meeting One Meeting Date: 05/05/2020 Length (in minutes): 10 Minutes Agenda Title: Quasi Judicial Public Hearing:Appeal of the Art Rutkin Elementary School Conditional Use Permit Prepared For: Shelby Rihala,City Management Submitted By: Caroline Patton,Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Update,Discussion,Direct Staff Main Public Hearing: No Publication Date: Information ISSUE Shall Council deny the appeal,thereby affirming the Hearings Officer's decision in the Art Rutkin Elementary School Conditional Use Permit?The Hearings Officer's decision was appealed by Kevin and Gillian Dressel, the owners of property immediately north of the school property. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends Council deny the appeal and uphold the Hearings Officer's decision to approve the Conditional Use application,along with the conditions identified in the Hearings Officer's Final Order. KEY FACTS AND INFORMATION SUMMARY This is a follow up to the Art Rutkin Elementary School Conditional Use Permit Appeal Hearing held on April 21. Staff requested the record be held open in order to provide adequate time for the parties to submit evidence and testimony. The record was open until 4:30 pm on April 28 to allow for additional evidence and testimony, then until 4:30 pm on May 5 to allow for rebuttal. Additionally,the applicant has requested final written argument,until 4:30 pm on May 12. Tonight the rebuttal is due to City staff. Rules of procedure for a quasi-judicial land use hearing require the decision-maker to reject any items received that should not be included as part of the record. If any submittals should be excluded from the record in this case, Council will take action at this hearing to reject it. If this step is not required,Council does not need to act tonight. OTHER ALTERNATIVES Council could affirm the appeal,thereby rejecting the Hearings Officer's decision and denying the application. This action would require the adoption of new findings and conclusions in support of this decision. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION April 21 —Written testimony/ Staff Presentation April 28—Any new evidence/testimony May 5—Rebuttal May 11 —The District's final written argument May 12—Council deliberations and tentative decision May 19—Final decision by Council and adoption of findings Attachments No file(s)attached AIS-4190 5. Business Meeting One Meeting Date: 05/05/2020 Length (in minutes):20 Minutes Agenda Title: Resolution Acknowledging SW Corridor Minimum Operable Segment (MOS) Determination Prepared For: Kenny Asher,Community Development Submitted By: Gary Pagenstecher,Community Development Item Type: Resolution Meeting Type: Council Business Meeting Main Public Hearing: No Publication Date: Information ISSUE Shall the Tigard City Council adopt a resolution ratifying the December 2019 Southwest Corridor Steering Committee decision to locate the SWC Minimum Operable Segment(MOS) terminus at Upper Boones Ferry Road and reaffirm the City of Tigard's role in future decisions related to the MOS option? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council adopt the attached Resolution ratifying the SWC Steering Committee decision and reaffirming the City's role in future decisions related to the MOS option. KEY FACTS AND INFORMATION SUMMARY In November 2018,the City of Tigard and TriMet signed a Memorandum of Understanding("MOU") Regarding Construction of the Southwest Corridor Light Rail Project in Tigard City Limits.The MOU demonstrates a commitment of the parties to collaborate on important Tigard-based project decisions to ensure that the Southwest Corridor Light Rail Transit Project("SWC Project" or"Project") addresses regional transportation needs while furthering City of Tigard land use and transportation objectives. The location of the terminus station in Tigard,should the Project elect to construct an MOS option,is critical to the realization of Tigard's land use and transportation objectives. The executed MOU states that "if the Prject does not terminate at Bridgeport in Tualatin, Tigard and TriMet will recommend to the Steering Committee three light rail stations will be located in the City of Tigard as follows: (1)one serving the northern portion of the Tigard Triangle;(2)one serving the southern portion of the Tigard Triangle;and(3)one serving downtown Tigard frith regard to the downtown-serving station, TriMet and Tigard will work jointly to agree to the design and location of an MOS station prior to Steering Committee action in advance of the FEIS publication." The Steering Committee acted in December 2019,without a recommendation from the City of Tigard,to designate Upper Boones Ferry Road as the Minimum Operable Segment (MOS). Furthermore,TriMet and Tigard did not work jointly to agree on the design and location of a downtown MOS station prior to the December 2019 Steering Committee decision. The Mayor participated in these Steering Committee deliberations and decisions;however, the City Council was not consulted by TriMet,nor was the Mayor asked to provide a recommendation on behalf of the City of Tigard. With the recommendation to terminate at Upper Boones Ferry Road,the Project left the design and location of the downtown MOS station unchanged. Locating the terminal station at Upper Boones Ferry Road necessitates little to no reconsideration of the downtown station design and location. Should a different MOS need to be considered, however,Tigard's silence on these MOU terms could be easily mistaken for an approval of a different MOS terminus. Staff recommends that council clarify its policy position on this matter. The SWC project has yet to secure funding to construct the full project to Bridgeport Village.The project variables could still cause the Steering Committee to have to revisit its decision to locate the MOS terminus at Upper Boones Ferry Road. Staff recommends that Tigard City Council ratify the SWC Steering Committee decision to locate the SWC Minimum Operable Segment (MOS) at Upper Boones Ferry Road consistent with the prior Steering Committee action. Staff further recommends that if project variables cause the MOS terminus decision to be reconsidered,the Tigard City Council reaffirm its position from the executed 2018 MOU that its agreement shall be secured prior to the Steering Committee action on the number and location of stations in Tigard. OTHER ALTERNATIVES Council can direct the Mayor to address this issue at a future Steering Committee meeting, or to delay this action until and unless it becomes evident that the Project will not be built to Bridgeport Village. Staff recommends against these alternatives as they are likely to be less effective than the resolution and timing as proposed. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS SWC Tigard/TriMet MOU,dated November 2018 DATES OF PREVIOUS COUNCIL CONSIDERATION At Council's January 21,2020 Workshop, Council received a SWC update in which staff recommended Council consider the proposed resolution. Attachments Resolution for MOS AgendaQuick©2005-2020 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 20- A RESOLUTION RATIFYING THE DECEMBER 2019 SOUTHWEST CORRIDOR STEERING COMMITTEE DECISION TO LOCATE THE MINIMUM OPERABLE SEGMENT (MOS) TERMINUS AT UPPER BOONES FERRY ROAD AND REAFFIRMING THE CITY OF TIGARD'S ROLF IN FUTURE DECISIONS RELATED TO THE MOS OPTION WHEREAS,in November 2018, the City of Tigard and TriMet signed the Memorandum of Understanding Regarding Construction of the Southwest Corridor Light Rail Project in Tigard City Limits ("MOU");and WHEREAS, the MOU demonstrates a commitment of the parties to collaborate on important Tigard-based project decisions to ensure that the Southwest Corridor Light Rail Transit Project ("SWC Project" or"Project") addresses regional transportation needs while furthering City of Tigard land use and transportation objectives; and WHEREAS, the location of the terminus station in Tigard, should the Project elect to construct an MOS option,is critical to the realisation of Tigard's land use and transportation objectives;and WHEREAS,the executed MOU states that"if the Project does not terminate at Bridgeport in Tualatin, Tigard and TriMet will recommend to the Steering Committee three light rail stations will be located in the City of Tigard asfollows: (1)one serving the northern portion of the Tigard Triangle;(2)one serving the southern portion of the Tigard Triangle;and(3)one serving downtown Tigard With regard to the downtown serving station, TrnMet and Tigard will work jointly to agree to the design and location of an MOS station prior to Steering Committee action in advance of the FhIS publication." WHEREAS, the Steering Committee acted in December 2019, without a recommendation from the City of Tigard,to designate Upper Boones Ferry Road as the Minimum Operable Segment(MOS);and WHEREAS,TriMet and Tigard did not work jointly to agree on the design and location of a downtown MOS station prior to the December 2019 Steering Committee decision;and WHEREAS, the SWC Project has not yet secured funding to construct the full Project to Bridgeport Village;and WHEREAS,Project variables could still cause the Steering Committee to revisit its December 2019 decision to locate the MOS terminus at Upper Boones Ferry Road. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council ratifies the SWC Steering Committee decision to locate the SWC Minimum Operable Segment(MOS) at Upper Boones Ferry Road. The Council shall take no other action related to the Steering Committee Decision. SECTION 2: Should Project variables cause the MOS terminus decision be reconsidered, the Tigard City Council reaffirms its position from the MOU that it shall, along with TriMet, make recommendations to the Steering Committee on the number and location of stations in Tigard. RESOLUTION NO.20- Page 1 SECTION 3: Should project variables cause the MOS terminus decision be reconsidered, the Tigard City Council reaffirms its position from the MOU that TriMet and Tigard must jointly agree onthedesignandlocationofastationtoservedowntownTigard. SECTION 4: This resolution will only take effect if the SWC Project is redefined to terminate at a location other than Bridgeport Village. This resolution will remain in effect until a Full Funding Grant Agreement is secured for the SWC Project, at which time this resolution will automaticallyterminate. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2020. Mayor-City of Tigard A 1TEST: City Recorder-City of Tigard RESOLUTION NO.20- Page 2