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City Council Packet - 05/12/2020UPI City of 'rigard zlcnRn Tigard Business Meeting—Agenda TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT AGENCY Revised May 11,2020 to add Consent Agenda Item 4.B MEETING DATE AND TIME: May 12, 2020 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 PUBLIC NOTICE: In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Governor Brown's Executive Order 20-16, this will be 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 electronically at www.tigard-or.gov/Comments. All comments must be submitted before 4:30 p.m. the day of the meeting. SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://www.tigard-or.gov/city hall/council meeting.php CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. III ® City of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL&TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: May 12, 2020 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 6:30 PM 1. STUDY SESSION 7:30 PM 2. BUSINESS MEETING A.Call to Order B.Roll Call C.Pledge of Allegiance D.Call to Council and Staff for Non-Agenda Items 3. PUBLIC COMMENT A.Follow-up to Previous Public Comment B.Tigard High School Student Envoy C.Update from Police Chief McAlpine D.Tigard Area Chamber of Commerce E.Public Comment—Comments may be submitted electronically at www.tigard-or.gov/Comments. 4. 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: February 4,2020 February 11,2020 February 18, 2020 February 25, 2020 March 3, 2020 March 17,2020 B.CONSIDER RESOLUTION ACKNOWLEDING AND COMMENDING SARAH GENTRY FOR HER SERVICE AS TIGARD HIGH SCHOOL STUDENT ENVOY TO THE CITY OF TIGARD Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removedfrom the Consent Agenda for separate discussion will be considered immediately after the Council/Town Center Development Agency has voted on those items which do not need discussion. 5. CONSIDER APPROVAL OF THE THIRD AMENDMENT TO THE DEVELOPMENT AND DISPOSITION AGREEMENT WITH AVA DEVELOPMENT,LLC 7:45 p.m. estimated time 6. QUASI-JUDICIAL PUBLIC HEARING: APPEAL OF THE ART RUTKIN ELEMENTARY SCHOOL CONDITIONAL USE PERMIT 7:55 p.m. estimated time 7. CONSIDERATION OF A RESOLUTION TO APPROVE UTILITY FEE CREDITS 8:20 p.m. estimated time 8. CONSIDERATION OF A RESOLUTION TO DEFER AND WAIVE CERTAIN ALARM PERMIT FEES 8:35 p.m. estimated time 9. COVID-19 RESPONSE AND RECOMMENDATIONS 8:45 p.m. estimated time 10. NON AGENDA ITEMS 11. ADMINISTRATIVE REPORT 12. 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. 13. ADJOURNMENT 9:05 p.m. estimated time SUPPLEMENTAL PACKET FOR MOlitiA f 21202-0 EETING DATE) AGENDA ITEM NO. Tigard High School Final 2019-2020 School Year Update-May 12,2020 Tigard ended the year on a rough note! We had planned Unity Day (our school wide day that was run completely by students and focused directly on equity through assemblies, workshops, and debrief periods) but sadly it was cancelled the morning of due to coronavirus and that was our last day 2020 Seniors Our administration has done an amazing job trying to make the best of these circumstances We had our cap & gown pick up on Monday, May 4th and they decorated the whole parking lot while cheering us on Right now they are planning to do a"drive thru" graduation to get our diplomas and then a virtual one for the speeches and traditional ceremony Our leadership program took all of our spring events virtual Hundreds to students participated in virtual spirit days We had students do Instagram takeovers and walk the student body through a day in their life during quarantine We did a virtual teacher appreciation week where over 300 students wrote letters to their teachers to thank them We did a virtual video game tournament that many students participated in Next Year's Student Envoy and Tigard's ASB President: Caroline Frisiras! SUPPLEMENTAL PACKET FOR M,01A4 17s , 2-ODZ EETING DATE) AGENDA ITEM NO. SC, 47--- Ii-" t Tigard PD Strategic Dashboard t`,1 , poLICF ,, I For April 2020 k 2019 Population Estimate 53,145 Adopted Budget FY 2019-20) ICalls For Se By Month APRIL DISPATCHED APRIL SELF INITIATED 1855, s, ,.....° 1845—1831 1624 2167 1506 1473 1599 1584 1562 1328I1372 1272 I 2014 2015 2016 2017 .201$ X19 20 U.14, „ „ O - 1 5° t I Tracking Code Cases - Year to Date The tracked counts of these have all `""" ' I 2016I 2017 I 2018I 2019 I 2020 increased. Each involves multiple Overdose 3 4 8 7 7 officers, evidence processing, and trips to POH 41 39 74 53 28 hospitals in some cases. Suicide 2 3 4 6 1 Att. Suicide 13 20 27 15 18 DHS referrals and cases of allegations of DHS Refer 158 166 182 194 139 abuse to an elderly or mentally Dom Viol 17 34 48 43 48 challenged victim end up in the caseload DV No Crime 37 40 47 46 32 of Detectives and SRO's. Domestic ORC Theft 17 10 20 4 10 Graffiti 16 18 62 15 43Violencereportshave doubled in 5 years . BHI - Transient I Total Dispatched Calls: 1599 Total Societal Calls: 1090 of monthly workload 68% of Calls-BHI** 148 of Calls Transient 175 of Calls Dispatched 219 of Calls Self Initiated 27 Total Time Spent 120:08:52 (hr:min:sec) Total BHI/Transient calls 246 Note 1:Behavioral Health Incidents(BHI)and Transient calls are a subset of the category"Societal”calls. The statistics above are based on officer inputs. Note 2:An incident may be both BHI and Transient related. These figures are not additive. 4 i- t Fltsgt Tigard PD Strategic Dashboardr For April r 40 tti;A I' t,;Rk......./„..,, 44'*TF A'"A ' 2019 Population Estimate 53,145 Adopted Budget FY 2019-20) Calls For Service - By Mont -:m..:_. ,. PUBLIC DEMAND SELF INITIATED AVERAGE Ilinit®, r>44 AVT RACE 70-APR 20-APR , ANIMMEMINEMINSIIIIM 70 MAR 1189 20 MAR 1211 20 FEB 20FIB 1626 20 IAN 01019 1155 01C 19 1358 74°V 19 NOV 19 1123 OCT 19 1910 C1 19 111111111111111111111111.111111M ' 3 SU'19 SEP,19 1265 #r S AUGE'r 2051 AUG 19 IUC t'r7 2088 KR 19 ' 1 4aS F F 11.IN 1+ _ 1931_ AM 19 1 ' ' f Ki MAV-1• : 1Ai1: z MAY19 1 APR t' ,:- ,.' a r., _s0 APR 19 1+11111; 0 00 1,.0 1•.O0 2000 ,,00 0 200 400 600 800 1000 1200 1400 1600 1000 IResponse Times - 5 Year Trend J PRIORITY 1 & 2 PRIORITY 3 6.82 3.0•57 10.65 fi.22;. 5.9R'~ 632 9 4 5.78 10.13 9.35` \ 5.27 i \85 2015 2016 2017 7018 2019 2020 2015 2016 2017 2018 2019 2020 PRIORITY 4 AND HIGHER Priority1 14.43 Priority 3 = Imminent threat to life 11.65 Urgent call where crime 94s--' 10 17 9 7 r 10'a prevention is needed Priority 2=Immediate threat to life,occuring now Priority 4+ =Cold crimes or public assistance 2015 2016 2017 2018 2019 2020 3 1'rx."'`' Tigard PD Strategic Dashboard 7,----LICE s,'.,. For April 2020 ri;.\° ti R'° , 2019 Population Estimate 53,145 Adopted Budget FY 2019-20) 4'rz( 1-1 Employee Snapshot Department Staffing Information Actual Budget %Budget Sworn 65.0 69.0 94% Non-Sworn 16.0 16.0 100% Total Number of Personnel 81.0 85.0 95% Patrol Officer Staffing 34 Days Swings Graves Overall% of Shifts Conducted at Minimums 4 13% 5 17%10 33% 21% Personnel Unavailable for Work Patrol All Other Overall of Recruits in Pre-Academy of Recruits in Academy 3 3 of Recruits in FTEP of Personnel on Extended Sick Leave / FMLA of Personnel on Military Leave 1 1 of Personnel on Light Duty 2 2 of Personnel on Administrative Leave Total Personnel Unavailable to Work during some Period during the Month 4 2 6 Total Officers Available to work PATROL some period during the Month 29 Operational Effectiveness Snapshot Budget Information is based on the best available data. FY 2018-2019 Budget FY 2019-2020 Budget Percent YTD Status Percent YTD Status Department Budget Actual Budgeted Actual Budgeted Administrative 79% 83% e -5% 79% 830/ 0 0 -4% Operations 73% 83%0 -11% 74% 83% 9% Services 78% 83%5% 81% 83%9 -3% Total Department Budget 75% 83% 9 -8% 77% 83% 9 -7% Budget Information is based on the best available data. FY 2018-2019 FY 2019-2020 Budget Percent YTD Percent YTD Budget Status Status Department Overtime Actual Budgeted Actual Budgeted Administrative 2900 83%9 -55% 56% 83%9 -27° Operations 50% 83% 0 -34% 52% 83%0 -32% Services 43% 83% 9 -41% 56% 83%9 -270/0 Total Overtime 46% 83%9 -37% 54% 83%9 -30% 2 y. Tigard PD Strategic Dashboard For April 2020 2019 Population Estimate 53,145 Adopted Budget FY 2019-20) Crime Snapshot Selected Group A Offenses April 2019 April 2020 %Chg 2019 YTD 2020 YTD %Chg Person Crime 33 24•> -27.27% 135 130 0 -3.70% Assault 23 20 0 -13.04% 110 105 0 -4.55% Robbery 5 1 -80.00% 14 6 0 -57.14% Property Crime 198 148• -25.25% 713 660• -7.43% Burglary-Residential 6 4 6 -33.33% 22 22• 0.00% Burglary-Business 5 11• 120.00% 22 32• 45.45% Burglary-Other 2 7• 250.00% 7 12• 71.43% UUMV 13 13• 0.00% 43 29• -32.56% Theft 198 62• -68.69% 713 332• -53.44% Vandalism 29 28• -3.45% 103 130• 26.21% Societal Crimes 69 37• -46.38% 271 212• -21.77% DUII 11 2• -81.82% 44 27 * -38.64% Drug Offense 11 2• -81.82% 36 35• -2.78% Disorderly Conduct 4 3• -25.00% 27 24 0 -11.11% Arrests*CTA in Total 97 54• -44.33% 407 342• -15.97% Felony 24 3• -87.50% 64 56141 -12.50% MISD 32 10• -68.75% 151 103• -31.79% Warrants 33 12• -63.64% 131 114• -12.98% Calls for Service April 2019 April 2020 %Chg 2019 YTD 2020 YTD %Chg Dispatched Calls 1831 1599• -12.67% 6991 6353• -9.13% Self Initiated Calls 1562 1272• -18.57% 5831 5586 4 -4.20% Response Time Priority 1 &2 6.32 5.78• -8.54% 6.02 6.1 • 1.33% Priority 3 10.65 8.5•• -20.19%10.33 9.37• -9.29% Priority 4+ 14.43 11.65• -19.27%_11.1 10:48 0 -5.59% Photo Enforcement Red Light Month of: ' APRIL 2019 2020 Yr to Yr All identified violations pending as of2/11 were rejected. Received Issued Icelectea* Issued Issued %Chg 99W/SW Hall Blvd i warnings 1/10 I citations 3/11 185 159 26 0 390 N/A 99W/SW 72nd Ave I warnings 1/28 I citations 3/11 35 26 9 0 79 N/A 99W/SW Durham Rd 1 warnings 3/11 I citations 3/23 10 8 2 0 8 N/A Community Snapshot Community Outreach and Events Upcoming Events Private birthday parade(4/7) *Press releases issued in April:6 Residential Parking Zone mtg TBD Private memorial parade(4/9) *Interviews:Chief met with 4 news outlets 1*Procession for 11 year old boy(4/29) Private birthday parade(5/5) I*Virtual chat with the Chief(5/6) Person Crime-Assault,Homicide,Robbery,Kidnap,Forcible/Non-Forcible Sex Offense Property Crimes-Arson,Bribery,Res Burglary,Bus Burglary,Oth Burglary,Forgery,Vandalism,Embezzle,Fraud,Theft,UUMV,Bad Check Societal Crimes-Drug Offense,Prostitution,Weapons,Curfew,DisCon,DUII,Family Offense,Liqour Laws,Peeping Tom,Trespass The data is National Incident Based Reporting System(NIBRS)compliant and not Uniform Crime Report(UCR)compliant and cannot be compared to any report using that standard. 1 SUPPLEMENTAL PACKET FOR Maitik2f2DZD MEETING DATE) City Council Update May 2020 AGENDA ITEM NO. Chamber Update Leadership Tigard We are continuing with Leadership Tigard by taking the program digital.Today was Communications and Media.The class heard from Nathan Cook Coaching, got a virtual tour of TVCTV, and got crisis communication training from TVF&R. Education,Advocacy,& Building a Strong Local Economy We are partnering with the City of Tigard Economic Development Department and the Washington County Health Department to do industry specific educational webinars for businesses that can open in phase 1. We have joined the America's Recovery Fund Coalition with more than 100 trade associations and business organizations, including the Save Small Business Coalition (SSBC), advocating for a grant-based federal assistance program to power the resilience of American enterprise. Together,the Coalition's members span 30 business sectors and employ 45 percent of the nation's workforce—more than 58 million workers. We have representatives currently in Washington DC advocating for this right now. Over the past couple of months, we have been an information hub for the business community. We have a COVID-19 resource page and grants and loans page on our website that is continually updated. We have been emailing members new information, resources and funding as they become available since the beginning. We have been a listening ear for businesses as they deal with being shuttered, seen huge revenue losses, closing and reopening of their business and more. We have hosted 4 educational panels.Topics include marketing during a pandemic, CARES Act with the US Chamber of Commerce,Tigard CARES and the Tigard Safety Levy. Recordings are available on Facebook and Youtube. We have been working on advocacy on a city, county,state and federal level. We have been in constant communication with the Tigard Tualatin School District to connect them with businesses to assist feeding students and families during this time. Promoting Community The Tigard Shining Stars Community Awards Gala has been postponed to August. We are currently working out the details. It will most likely look different this year. Networking/Visibility At the beginning,we moved all our business connections opportunities to digital. We are excited that we have been able to retain the same amount of participation during this transition to digital. We invite businesses that are looking for community to check out our events calendar for details on our upcoming business connection programs. Please save the date for the Tigard Chamber Annual Meeting on Thursday,June 25 from 8 to 9:30 AM. It will be held virtually over Zoom. Details at http://business.tigardchamber.org/events/calendar/ Tigard Farmers Market Update The market is planned to open Sunday, May 31st in Downtown Tigard from 9 AM to 1:30 PM. We are currently working on a vendor, customer and staff safety plan that will be released later this week.The market will look different this year. We are excited to be able to offer online ordering this season through an app called "What's Good". More details to come. TDA Downtown Updates The Downtown Tigard Art Walk has been moved to the end of July. We are in the process of planning events that encourage people to come to Downtown Tigard while not creating a large gathering event. After reviewing the Governor's phases, it is highly likely that Street Fair will not be able to happen this year. We are currently working on a plan to celebrate the reopening of Downtown Tigard in place of the Street Fair keeping in mind gathering restrictions. Tigard Drinks for Good is coming back in a digital format.Join us next week on Friday, May 22nd on Zoom. More information coming soon. Find us on Facebook at exploredowntowntigard and at www.exploredowntowntigard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard Leadership Tigard I P TDA Building Leaders.Growing Community. q73 TIQARP AREA 4641 CHAMBER OF VOL COMMERCE AIS-4279 4. A. Business Meeting Meeting Date: 05/12/2020 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 Public Hearing - Legislative Agenda Public Hearing: No Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: February 4, 2020 February 11, 2020 February 18, 2020 February 25, 2020 March 3, 2020 March 17, 2020 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments February 4, 2020 Meeting Minutes February 11, 2020 Meeting Minutes February 18, 2020 Meeting Minutes February 25,2020 Meeting Minutes March 3, 2020 Meeting Minutes March 17, 2020 Meeting Minutes um11111 City of Tigard Tigard City Council Meeting Minutes TIGARD February 4, 2020 1. BUSINESS MEETING A. At 6:30 p.m. Mayor Snider called the 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 C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Snider called to Council and Staff for Non-Agenda Items—None 2. PUBLIC COMMENT A. Follow-up to Previous Public Comment City Manager Wine said Council heard from JT Smith representative Jesse Nemec at the January 14 Business Meeting. He requested Council intervention on a residential development application. Staff and inspectors have been working on the logjam brought to the Council's attention and have identified a couple of conditions of approval such as the plat needing to be recorded prior to it moving forward. Staff is working with the developer on resolving the issues. B. Public Comment—Sign-up Sheet Marilyn Stern spoke in opposition to the senior center development. She said October 11, 1962 was the Columbus Day storm and she encountered the disaster from the Fanno and Ash Creek flooding and 110 mph winds. They were unable to get to their home. In 1974 when Washington Square was built the developer had to follow floodplain regulations. She asked how this eyesore (senior housing) could be in compliance with the Washington County floodplain regulations. Tree removal will cause soil erosion, cave-ins and more flooding. The Boy Scouts planted the trees in the wetlands and tree removal will destroy the longest living trees along the creek. Parking is extremely insufficient. The site is remote with no stores nearby. Public transportation is too far away for seniors to walk. Jim Iverson spoke in opposition to the senior center development. He said he and his wife have lived on Grant Street across from St.Anthony's Church for 27 years. He felt like there was not enough notice to surrounding residents. He said unfortunately, this is similar to TIGARD CITY COUNCIL MEETING MINUTES—February 4, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 14 what he has experienced from the City in the past. Mr. Iverson said the City Council has not always followed the City motto (Respect and care,Do the right thing, Get it done). He acknowledged some positive encounters with the City and Council, but he's concerned about the approach with this project. Mr. Iverson said he is a retired social worker from NW Service Center in Portland. He doesn't think the location for this project is good for seniors and said that the location is the most significant thing. He would like to see the City take a positive approach and not just say, "This is what we are doing." Danice Tombleson spoke in opposition to the senior center development. She has been a neighbor to the property since 1972 and her primary concern is related to the floodplain, as her children have told her it floods where the housing will be built. She is also concerned the church parking lot will not be sufficient for the senior center traffic in addition to the new development's residents. She said even seniors usually have a car. Mrs. Tombleson reported that only one person she's spoken to is not against the development. She thinks the City of Wilsonville has a better situated senior center in relation to surrounding businesses and amenities.Younger residents have expressed concern about removal of the trees and cutting into the creek bank. She recalled that in the late 1990s, a Section 8 housing project was proposed for that site and it was killed due to having only one entrance. She noted that now the church will have only one entrance. John Otting spoke in opposition to the senior center development. He submitted a letter for the record. He said he has lived on O'Mara Street for 43 years and raised 5 children there.The City proposed public housing at the site years ago,but common sense led the City to abandon the plan. Then the senior center was built.A lot of the same issues raised in that earlier debate over public housing are being raised again now. He claimed that placing affordable housing next to the senior center will compromise its integrity. The senior center will then be serving,not the community,but the people in the building next door. He said he thought this was improper. He said he wouldn't reiterate the issues already raised regarding parking and wetlands but wanted to touch on his argument the City is creating a ghetto by placing the affordable housing in an isolated area with no easy access to shopping or hospitals. He referred to the latest plan which shows the housing parallel to the Christian Church building and said does not think there is enough green grass or trees. He noted that older people like to have grass and places to walk. He said people living there will be looking out on parking lots. He said he hopes common sense will prevail as it did years ago. Jane Honeyman spoke in opposition to the senior center development. She gave several examples of responses the City may use to allay public fears. She said the housing will have a shuttle bus to take people shopping so that is taken care of. For concerns about flooding the City will do some more remeandering and the animals that are displaced might come back. Ms. Honeyman said she wanted to focus on the process this project has undergone. She said years ago the City considered putting a homeless shelter in the basement of the Senior Center. Signage was posted asking for public feedback and letters were mailed directly to residents, all before anything was decided. The City listened to the public and changed the plan based on the public feedback. She does not think this has happened in this instance and the City is developing haphazardly. She hopes that there will be more meetings and that citizen feedback will be heard. The City should do what the people want. She said she is not against affordable housing, just that the project process and the location. TIGARD CITY COUNCIL MEETING MINUTES — February 4, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 14 Ron Holland spoke in opposition to the senior center development. He testified that in 2006 when a sewer line was installed on Edgewood Street, a main ran through the Verizon property across the creek and then up Edgewood Street. He found it hard to tell from the drawing, but it appears they are planning to build over the top of the sewer main. He asked if that had been taken into consideration. Mayor Snider said they will ask staff about that tonight. Mr. Holland stated that he did not know this project was happening and was surprised he did not receive notification. Lester Taylor spoke in opposition to the senior center development. He said he moved to Tigard four years ago and was attracted to this area because of the natural features. He said he escaped California and the rampant development destroying the environment. He walks or bikes past the site daily. He was surprised when he heard the location since it is not attractive,hidden away, and has a lack of access to amenities. He asked why this location was chosen when others must be more suitable. He said he was not against the housing, just the location and process. He received no notification and was informed by Danice Tombleson of the project,which reminded him of previous experiences in California. A gentleman who did not leave his name told the Council that he had lived in Tigard for 5 years. He said the new Ash Street Bridge on Fanno Creek was a great improvement and now that the brush has been cut down no one can hide or camp in that area. He looks forward to construction of the Grant street segment so that the Fanno Creek Trail is continuous all the way to Scholls Ferry. A petition to "Stop Proposed Development Project: Proposed Low-Income Senior Housing Project behind Tigard Senior Center"was submitted. Mayor Snider announced that Council would convene as the Town Center Development AgencyBoardforthenexttwoagendaitems. 3. TOWN CEN 1'ER DEVELOPMENT AGENCY BOARD/TOWN CENTER ADVISORY COMMISSION JOINT MEETING. Redevelopment Project Manager Farrelly said that the Town Center Advisory Commission ICAC) was before the Town Center Development Agency (TCDA) Board to discuss their 2019 Annual Report and 2020 Draft Goals. The TCAC makes recommendations to the TCDA on urban renewal policy,budget and implementation measures for the City Center urban renewal district and the Tigard Triangle urban renewal area.There are fourteen members,with six in attendance tonight. Manager Farrelly introduced the reelected chair of the TCAC, Kate Rogers. Ms. Rogers asked that the members introduce themselves to Council: Justin Watson said he has lived in the Cook Park neighborhood of Tigard for five years and will graduate soon from Portland State University with a degree in urban and public affairs. Hemendra Mathur said he had lived in the Bull Mountain area of Tigard since 1991. TIGARD CITY COUNCIL MEETING MINUTES— February 4, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 14 Renette Hier said she has lived in the Genesis neighborhood since 1991. This is her second year on the Commission. Kate Rogers said she is chair of the Town Center Advisory Commission. Tim Myshak said he has lived in Tigard since 1981,worked in Tigard for 25 years and currently works on Main Street. Elise Shearer was recently on the Transportation Advisory Committee and is a 32-year resident of the City. Ms. Rogers reviewed the 2019 Annual Report,which the Council received in December. She listed TCAC recommendations made at the end of 2019. A key focus was the activity around the SW Corridor. The TCAC will continue to work with TriMet and Metro and she urged Council to continue efforts to make sure all three light rail stations within the urban renewal districts are walkable and activate the area around them. The Hall Boulevard station should promote connectivity with the downtown and provide safe access for pedestrians and people on bikes to reach the station. They also want to tie the two urban renewal districts together and a key piece of this is the bike and pedestrian access across Highway 217. Ms. Rogers said that development in the Tigard Triangle is taking off. The TCAC wants to continue looking for affordable housing opportunities. Land is going to be more expensive, especially if the SW Corridor is approved, so the TCAC urges Council to prioritize acquiring land in the Triangle now,when it is more affordable. They also want to promote equitable business development using urban renewal funds and grants to support minimizing gentrification and making sure everyone has an opportunity in the Triangle. The TCAC's 2020 Goals are similar to 2019 Goals. One difference is that in 2019 efforts were spent creating the urban renewal district in the Triangle and now it is in the execution phase. TCAC Members read the goals and listed objectives they hope to achieve in the upcoming year. Downtown Goal—Identify new revitalization projects and drive existing projects to completion in the Downtown Renewal District. Oversee completion of Main Street/Green Street project Incent revitalization of the north end of Main Street Identify programs to support existing businesses and attract new ones Participate in the Universal Plaza development project Monitor progress on current development projects Review and provide input on downtown parking plans Tigard Triangle Goal—Participate in the execution of the Tigard Triangle Equitable Urban Renewal Implementation Project. Make recommendations on the definition and prioritization of urban renewal projects Participate in the creation of the Phase 2 Implementation Plan Understand the impact of updated city plans on the Triangle (stormwater, trails, transportation and parks plans) SW Corridor Goal—Consider,investigate and recommend specific planning components associated with the adopted SW Corridor alignment and station locations in both downtown and the Triangle. Ensure consistency of current Tigard recommendations with SW Corridor plans TIGARD CITY COUNCIL MEETING MINUTES— February 4, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 14 Continue to provide input on station design for Downtown and the Tigard Triangle Affordable Housing Goal—Recommend specific programs and policies to City staff and Council that directly affect, support and encourage the development and preservation of affordable housing downtown and in the Triangle. Study and recommend partnerships and incentives that support the development and preservation of affordable housing Identify additional funding sources (land banking and construction excise tax) Encourage all types of affordable housing options (including missing middle,aging in place,and the new wave of intergenerational housing) Look for ways to provide tenant rights education Equitable Business Development Goal—Recommend specific programs and policies to City staff and Council that directly affect, support and encourage equitable business development downtown and in the Triangle. Educate ourselves on equitable business development Study and recommend programs and policies that support equitable business development The TCAC asked for TCDA guidance and input on their goals and objections for the year. TCDA Director Newton said she appreciates their work,which is a heavy lift to manage both districts. She referred to the Affordable Housing Goal and said she is the liaison to the CDBG Advisory Board, and they are starting to do some tenant rights work too. She said it would be good to coordinate. Councilor Newton said the TCAC has done a lot of work in both districts and their goals go nicely with the work plans. She said she wasn't sure where they would be without the work of the TCAC. TCDA Director Anderson commented that everything the TCAC does is critical to moving all this work forward. TCDA Director Lueb thanked them for their time and for getting involved in their city. She said their work is meaningful. The urban renewal districts are critically important to helping shape what we want Tigard to look like. TCDA Director Goodhouse noted that he is the liaison to the TCAC, and he appreciates their robust conversation and idea development. He said the commission goes above and beyond and provides a great service to the City. TCDA Chair Snider invited them to come to Council whenever they want more direction;not just once a year. TCAC Chair Rogers said they appreciate that when the Commission does make a recommendation, that the Council listens to them. 4. TOWN CENTER DEVELOPMENT AGENCY- RECEIVE UPDATE ON SENIOR CENTER AFFORDABLE HOUSING PROJECT Redevelopment Project Manager Sean Farrelly told the Council he was accompanied by Trell Anderson,Executive Director of NW Housing Alternatives,who will be working on the site. He TIGARD CITY COUNCIL MEETING MINUTES — February 4, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 14 said that as the Council knows, the City is facing shortage of affordable housing. The Council has set a goal (Goal 3.2) to promote the development of affordable housing. This goal is being implemented through the Senior Center Affordable Housing Project. Staff thought this was a good location due to the proximity to the Senior Center,Library and Fanno Creek Trail. The TCDA Board authorized an exclusive negotiating agreement with NW Housing Alternatives.The Tigard Senior Center Housing Advisory Committee met five times. Most recently they reviewed the latest conceptual plans, and not a land use application. Manager Farrelly said that neighborhood notification and neighborhood meetings will be initiated once the plans have been finalized enough to submit the land use application. Trell Anderson from NW Housing Alternatives introduced himself and thanked Council for the opportunity to implement this affordable housing goal through this project. At this site, they are trying to do the best with what they have.They are listening to the advisory board members and their concerns.Josh Carrillo, a NW Housing Alternatives developer, accompanied Mr.Anderson and passed out a newsletter that included the project's guiding principles. The more detailed site plan before Council tonight was reached after listening to Advisory Committee feedback and a design charette.They are going through a process of elimination to see what is necessary to "pull off" the project.These issues include zoning, access, parking requirements, fire access, stormwater and civil engineering work to ensure they are protecting Fanno Creek. Mr. Anderson said that they have a high standard of sustainability in their developments and so they will be especially careful about Fanno Creek. He said that the team understands there are community concerns about flooding and that they will be evaluating the flood conditions and trying to mitigate any impacts. He added that they have been trying to have public dialogue by distributing their newsletter. They hope neighbors will circulate it as well. TCDA Director Newton asked Redevelopment Project Manager Farrelly to clarify that the public is watching the development application process of the City develops. Once an application is submitted, that is the point where the project would enter a formal notice for review. This is where neighbors would have notice and meetings. Her concern is that the public is confusing this part of the project with the public process of a land use application. Manager Farrelly said that she was correct. He said it is a little unusual since the City owns the site and will continue to own it after development. He said that working with the stakeholder group has been very valuable and the architects have listened to their concerns. For example,there were originally 46 parking spots,which were expanded to 87 in response to stakeholder concerns. TCDA Chair Snider asked how many spaces this would provide per unit. Manager Farrelly said it would be less than one per unit, but that that is typical. Mr.Anderson said it is typical for a senior housing development and that it is to code. Chair Snider said the reason he is asking is because the Senior Center parking lot is full at lunch every day. He said he was trying to understand what the City will be doing to lessen impact on their parking and current operations of the Senior Center. Redevelopment Project Manager Farrelly acknowledged that the parking lot is crowded at certain times but pointed out that the Senior Center is only open from 10 a.m. to 3 p.m. and he thinks there are opportunities for shared parking there. The housing will be marketed as a place where there is not parking for every occupant,with an emphasis on group transportation. Mr.Anderson said they will work with transportation companies to work out rides. He continued that he was not going to sugarcoat it—parking is an issue at the site. He said TIGARD CITY COUNCIL MEETING MINUTES — February 4, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 6 of 14 1 they will do their best to accommodate senior center and resident needs. Chair Snider said there's more known now that the church is not going to participate. TCDA Director Goodhouse clarified that parking for units is considering both the existing and new parking needs. Mr. Anderson said there will be overlap, so there will need to be shared parking during peak hours of Senior Center operations,mostly during meal times. Director Goodhouse asked what the public notice process is once the project is submitted for land use approval. Manager Farrelly said that once there is an application submitted a notice will be mailed to all those that live within 500 feet of the site and anyone on the interested parties list. It will also be posted on the website; a public meeting will be held and several information sessions at the Senior Center for senior center patrons. Chair Snider asked if the City could choose to notice at more than 500 feet, since given the scope of this project that would be a really low standard. Manager Farrelly said that they could. Chair Snider said that he would defer to staff on a reasonable radius. TCDA Chair Snider asked about the emergency access to the facility and the senior center after development. It appears to have one emergency egress. Mr. Anderson said that he wished the architects were present to answer the Board's technical questions. He said the Senior Center staff were very clear in the need to retain access to the loading dock in the kitchen to run meals programming.They have made sure to accommodate that component. As far as the fire code, the architect team has been working with the fire district and he thinks they're close to a site plan that will meet those needs. He hopes to finalize in the coming week. Chair Snider said if it does end up being one egress,he wondered if that was allowable and said it could be a fatal flaw. TCDA Chair Snider asked Mr.Anderson to respond to the comment about Northwest Housing Alternatives'Wilsonville senior housing having better access to shopping and restaurants. He said the Wilsonville site sounds desirable and asked how the Tigard site compares. Mr.Anderson said the starting point is the Senior Center and their director is excited because so much can be provided with the senior center as the hub. He said they will need to figure out ways to get people offsite to groceries,health care, etc. Their resident coordinators will work with residents on access to these needs. Chair Snider asked if the City's Senior Center Director had concerns about the Senior Center being overwhelmed? Redevelopment Project Manager Farrelly said the Senior Center Director is excited about an increased population and that there will be additional community rooms available for Senior Center programs in the new residential development. Mr. Anderson said that when they shared occupancy estimates of the development the Director saw no issue in meeting the additional need. Chair Snider asked how many people per unit were estimated. Mr.Anderson explained that affordable senior housing is more often rented by single people and less often, couples. TCDA Director Goodhouse asked what had been discussed about the partnership between the living and the senior center. They have discussed shared programming with the Senior Center staff on a high level, but specific programming details are not developed yet. TIGARD CITY COUNCIL MEETING MINUTES — February 4, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 7 of 14 TCDA Director Goodhouse asked the best way for the public to stay engaged in this project. Mr.Anderson advised connecting with people on Advisory Committee. TCDA Chair Snider asked if the current site plan places the building in the floodplain. Redevelopment Project Manager Farrelly said the drawing does not show construction in the current floodplain nor within the buffer. Chair Snider asked about the sewer line mentioned during public comment and Redevelopment Project Manager Farrelly said the line would be relocated to a serviceable location. TCDA Director Anderson asked about the architect selection process. Mr. Trell Anderson said they convened an advisory group and established a set of guiding principles,which were used to help select the architect and general contractor for the project. They have accomplished those three items. Mayor Snider reconvened the Tigard City Council for the remainder of the meeting. 5. CONSIDERATION OF A RESOLUTION IN SUPPORT OF ARTWORK TO BE PLACED ON THE HIGHWAY 99W SUPPORT STRUCTURE AS PART OF TIGARD'S OUTDOOR MUSEUM Redevelopment Project Manager Farrelly said Council was considering a resolution of support for the artwork for the Tigard Outdoor Museum.The City received an OUR TOWN grant from the National Endowment for the Arts (NEA) in 2018 to fund artwork along the Tigard Heritage Trail. The City partnered with Tualatin Valley Creates to issue a call for artists and received 75 entries. The selection committee chose three artists,and a muralist was selected for the artwork on the concrete supports under the Highway 99W overpass. Staff contacted ODOT,who controls the right-of-way there. The formal request to ODOT must come from Council in the form of a resolution. Councilor Newton asked if this was the final design for the mural. Redevelopment Project Manager Farrelly confirmed and said that only the mural needs Council approval because it is in the ODOT right of way. Councilor Newton asked Manager Farrelly to explain how the final design was selected. He said that they partnered with Tualatin Valley Creates, a non-profit that issued a call for artists to submit proposals. They received 75 entries that were reviewed by a committee,including Councilor Anderson,Representative Doherty, Suen Ho,Norman Trujillo and Steve D'Angelo. Council President Goodhouse asked if it was the artists or the artwork that was selected. Councilor Anderson said of the 75 entries, there were about 10 mosaic, 10 mural and many sculpture designs. They also had to remain within budget. From the top 10 muralists, the City requested design proposals. The review committee then approved this proposal. Councilor Lueb moved to approve Resolution No. 20-07. Council President Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. TIGARD CITY COUNCIL MEETING MINUTES — February 4, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 14 Resolution 20-07: A RESOLUTION REQUESTING APPROVAL BY OREGON DEPARTMENT OF TRANSPORTATION OF ARTWORK PROPOSED FOR TIGARD'S OUTDOOR MUSEUM Mayor Snider conducted a vote and the motion passed unanimously. Yes No Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb 6. DISCUSSION ON LOCAL OPTION LEVY EXPLANATORY STATEMENT City Attorney Rihala said she prepared a draft of the explanatory statement that goes alongside the ballot title. It has a limit of 175 words and must be factual and impartial. Some council members responded with suggested changes. She noted that Council has both versions in front of them, the original has no highlights, and another has added content highlighted in yellow. She said staff were there to answer questions and need direction from Council on new edits. Mayor Snider asked if Council would need to choose which draft to work from, the one provided by staff or that from Councilor Newton. City Attorney Rihala agreed they would. Mayor Snider asked Councilor Newton why she presented the information in the way that she did. Councilor Newton said her experience is that voters look at the Voters' Pamphlet and not necessarily what comes in the mail, so it was important to have the explanatory statement expand on elements in the ballot title. She said it should say why they are making this ask and tell the story of how the City got here. Finance Director LaFrance has worked on some numbers to complete the blanks in her existing draft. In general, she felt the information should be presented in a different order. Mayor Snider asked if there was a reason why the City couldn't choose to move forward with editing Councilor Newton's draft. City Attorney Rihala said there is nothing required that would prevent them from doing so. The only requirement in statute is that the statement be impartial. Councilor Lueb said she likes the layout of Councilor Newton's statement and it is consistent with all of the preparation work on the ballot title. Councilor Anderson said that he likes them both. Councilor Newton said she was fine either way. Council President Goodhouse said he likes the piece of Councilor Newton's statement that explains why hasn't funding kept pace,but he would remove the paragraph on what happens if levy doesn't pass. Mayor Snider said that he thinks Councilor Newton's version flows better and is easier to follow. Youth Councilor Turley said that Councilor Newton's is easier to understand and flows better as well. She supports moving forward with that version. TIGARD CITY COUNCIL MEETING MINUTES — February 4, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 14 Councilor Newton said that she had spoken with Finance and Information Services Director LaFrance before the meeting and there are figures to be added and rewording in one area. Mayor Snider asked Director LaFrance to bring those changes before the Council went into recess. There was further discussion regarding rewording other areas of the statement. Director LaFrance said he had the following suggestions for section titled Why hasn't funding kept pace with the need. Police services are funded with general fund dollars, Property taxes make up 50%of general fund revenues. Police revenues account for 54% of that fund; Library services are 21%;Parks maintenance is 9%with the remainder for other City services, State law restricts growth in assessed value, constrained to 3 percent growth. Mayor Snider asked if that was a distinction without a difference. Director LaFrance said that it was a point he wanted to mention. It is up to the Council if that change is something they would want to discuss. Councilor Anderson said that if the state ever changed that to market value, that would be a game changer. Director LaFrance agreed. City Attorney Rihala said she was always concerned with the factual accuracy. Director LaFrance suggested, "Since 1990, the effect of state law on property taxes has been to limit growth to 3 percent." City Attorney Rihala said she liked the statement. Council President Goodhouse asked if they could change the wording to say some costs have risen by 10 percent. He also said 3-4%in growth is not bad,but there are a handful that increase double digits. Director LaFrance said that they also have costs go down slightly, so staff were trying to provide an average range, or bell-curve,if you will. Councilor Anderson said the statement is getting too "numbery." City Manager Wine asked Police Chief Kathy McAlpine to assist in filling in numbers. Chief McAlpine said that based on the report dated April 22,2019 report,48 staff, or 70 percent,had not received 40-hours of advanced de-escalation training in the last 10 years and only 7 officers, or 10 percent, have received it in the past five years. She said they would work on the second paragraph of the statement. She said that over the last year,in-person crime was at 17.75 percent,a decrease in property crimes at 11.87 percent. Societal crimes have increased 22.8 percent. Returning to training, another 4 officers have completed advanced de-escalation training so now 11 officers have been trained. Councilor Newton said that they could just say the percentage of staff in order to include fewer numbers. City Manager Wine said that staff had a conversation about this number before,but that the difficulty was in compiling the information since it's not data the City has available. At 8:02 p.m. Mayor Snider called a 5-minute recess to give the Council a chance to study Councilor Newton's suggested language for the explanatory statement. Mayor Snider reconvened the Tigard City Council Meeting at 8:10 p.m. Mayor Snider said that he did not want to worry about word count until the end or even let staff determine length. City Attorney Rihala said she would like to hear comments from Council,but that they will not be doing live editing as they did with the ballot title. She noted that staff will TIGARD CITY COUNCIL MEETING MINUTES — February 4, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 10 of 14 need leeway to adjust for word count,but said she was ready to gather Council's comments. Mayor Snider asked the Council to take notes in such a way that they could be handed into the City Attorney after this discussion. There was some discussion among Councilors regarding how to edit the statement. City Manager Wine said that the resolution passed at the January 21st Council Meeting approved the ballot title and directed staff to take all measures necessary to file the measure.Therefore, Council has taken all the action needed and does not need to take further action tonight. Mayor Snider asked the Councilors to note their names on their copy of their document. Councilor Lueb asked if they wanted to go section by section. Mayor Snider said he was okay with that suggestion. Councilor Lueb said that in the first paragraph, she would end the sentence after"19,000 people." In the second paragraph, she would rephrase it to read, "Over the last year, calls for person and property crimes have decreased while societal crime calls have increased. Currently only 16 percent of staff have Advanced Intervention Training. This levy would provide training for all officers to better assist societal crime calls." Councilor Anderson said that Councilor Newton's version was very similar to the one developed by the City. He said that he agreed the sentence in the first paragraph could end after"19,000 people." He said if they were to go on regarding the commuter population you could say, "has also increased." He also liked the changes made in the second paragraph. Council President Goodhouse liked the introduction, "The Tigard City Council is asking you to consider."He agreed with removing some of the percentages and say increased/decreased to make it simpler. Councilor Newton said she agreed with Councilor Lueb's changes. On the second paragraph, she suggested extending it to read"...societal crime calls including those in mental health crisis" to give the statement more definition.Youth Councilor Turley agreed with all the edits. Mayor Snider said he cut the first sentence as Councilor Lueb had. In the last sentence,he changed the wording to read "all calls" to make it even more clear. In the second paragraph, he agreed it should say decreased (no percentage),call out the societal calls by type, and use the term increased with the percentage. He also likes the 16 percent figure under the training section. Councilor Lueb said she would change the second sentence to remove the percentages for the library,park and general services and simply say they make up the rest of the general fund. She suggested adding that 3 to 4 percent is a higher rate than the allowed tax growth. There was further discussion regarding how detailed they should make this description. Councilor Anderson said that he liked it. He wanted to be sure Director LaFrance weighed in on the first sentence of that paragraph. Council President Goodhouse said he agreed with the changes. He thought they should include the term "assessed value" and that they should remove 3.5-4" and simply say costs increase at a"higher rate." Councilor Lueb agreed, but felt the numbers added specificity. Council President Goodhouse asked if there was another way to describe that in simple terms. Director LaFrance agreed that he would help make this sentence as clear and simple as possible. TIGARD CITY COUNCIL MEETING MINUTES— February 4, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1Page 11 of 14 Councilor Newton said that she would advocate for including the library and parks percentages that Councilor Lueb suggested removing. She thinks that the public is really surprised that just library or parks do not match the resources required for Police services. Mayor Snider agreed. Councilor Newton said she liked the idea of using the term"higher rate"with the 3.5 to 4, as well as the idea of explaining the 30 years. Youth Councilor Turley agreed with Councilor Newton regarding including the percentages of the general fund that go to parks and library. Mayor Snider made additional small changes to the text and emphasized the need to keep language easy to understand. Councilor Newton agreed. Councilor Lueb suggested moving"maintain higher minimum" to first in the list and add"faster response times and more citywide coverage" to the end of the sentence. The volume of detail under the SRO may need to be consolidated. Councilor Anderson said he also wanted "maintain higher minimum" added to the first item on the list. Under SRO,he would remove the fourth bullet point. Council President Goodhouse said he wanted the new content to be more bulleted. He likes that the detail under what the levy would fund. Councilor Newton said that was funny,because she thought the lists were overwhelming and she wanted to put the first section into paragraph format. She said she had spoken to Chief McAlpine and they suggest updating the wording to include "increasing emergency calls." She said she agrees with the deletion of the fourth bullet point under SRO. Youth Councilor Turley said she agreed with the suggested bullets. Mayor Snider said he liked the reordering in the first section. He suggested new wording in the first sentence. He asked if the last sentence reflected the actual number of support staff. Council President Goodhouse asked if they even needed to list the number. City Manager Wine said that 4.2 is an accurate number. City Attorney Rihala advocated for including"4.2" to be clear with voters about what they would be getting for the money. There was further discussion regarding what the 4.2 support staff included, since some positions were limited duration, for example. In terms of the legal authorization, the City Attorney said they needed to include a reference to the support staff and what their doing,but that they didn't legally need to include the actual number. Council President Goodhouse said he liked leaving the number out. Mayor Snider proposed new language and the Council agreed that it should read, additional support staff." There was discussion regarding updating the duties of the support staff funded by the levy. Council President Goodhouse asked if they could give the City Attorney creative license. Councilor Newton said she was concerned that the section raised more questions than answers for her. She said she was fine with some latitude,but she said they need to think about what these words mean. Mayor Snider said it's really managing additional evidence and police records created by these additional officers. Councilor Newton said they still needed to address the hiring and communications aspect. TIGARD CITY COUNCIL MEETING MINUTES — February 4, 2020 City of Tigard ( 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 14 In the final section,no one had any comments. Mayor Snider said he would change the second sentence to read, "the auditor recommended the City hire 8 additional patrol officers and 1 school resource officer to address service demands and comply with policing best practices." He asked if they were all in concurrence to remove the "What happens if the levy doesn't pass" section. Councilor Lueb thought it may be important to tell the voters that this will be funded either way and this is one option they are presenting to the voters. Mayor Snider said he understood the sentiment. Council Goodhouse said that sometimes you don't want to introduce a question that you don't want to know the answer to. He advocated for removing it and communicating that component in their messaging campaign. There were questions regarding what could be posted on the website. Councilor Anderson and Councilor Newton said they thought they should leave it off. Councilor Newton said that is one of the things Council can communicate regarding funding options. For the purposes of the explanatory statement, she thinks they should leave it off. Youth Councilor Turley agreed. Director LaFrance suggested another way of phrasing an earlier section would be, "led to costs doubling for approximately 30 years."There was further discussion among the Council. Mayor Snider asked Council to turn in their changes to staff to write a clear and understandable version. 7. ADMINISTRATIVE REPORT City Manager Wine announced that the challenge period for the ballot title passed without a challenge. 8. NON-AGENDA ITEMS 9. EXECUTIVE SESSION At 8:44 p.m. Mayor Snider announced that the Tigard City Council was entering into Executive Session to discuss real property transaction negotiations under ORS 192.660(2)(e). 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. Mayor Snider announced Council will adjourn from the Red Rock Creek Conference Room at the conclusion of the Executive Session. 10. ADJOURNMENT At 9:15 p.m. Council President Goodhouse made a motion for adjournment. Councilor Newton seconded and the motion passed unanimously. Yes No Councilor Anderson V Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb TIGARD CITY COUNCIL MEETING MINUTES —February 4, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 13 of 14 Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES — February 4, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 14 of 14 111 ,. City of Tigard Tigard City Council Meeting Minutes TIGARD February 11, 20206:30 P.M. STUDY SESSION Council Present: Councilor Anderson, Council President Goodhouse, Councilor Lueb,Mayor Snider, Councilor Newton Staff Present: City Manager Wine, City Attorney Rihala, and City Recorder Krager A. COUNCIL LIAISON REPORTS Councilor Newton reported that the Youth Advisory Council had a presentation on the SW Corridor at their last meeting and in two weeks she and Council President Goodhouse have been invited to come speak about the levy. On February 13 she will be attending the CDBG Policy Advisory Board meeting and will receive the grant applications to review. Council President Goodhouse said there has been more infrastructure funding talk on the federal level and he will distribute some information on that. He attended the State of the Region and heard that Metro may be placing a homeless services measure on the May ballot, which could have an effect on the city measure. Councilor Lueb attended the PRAB meeting and was asked about honoring Parks Manager Martin on his retirement. City Manager Wine said she will check on the plans with Public Works Director Rager. Councilor Anderson attended the Planning Commission meeting and the topic was SW Corridor. Dave Unsworth from TriMet attended and gave a presentation.The Regional Water Providers Consortium has completed their budget for the next year and dues rose by 3 percent. Water conservation will be advertised on Channel 6 television this year. Mayor Snider said he met with TriMet's General Manager and several key leaders and staff for the SW Corridor project, to discuss Tigard's displeasure with their station plans. He said the station plans are unacceptable and inconsistent with best practices for transit-oriented development. He felt that they listened and acted like they would recommit to the idea that urban planning and station designs should be the city's responsibility. The Washington County Coordinating Committee received the SW Corridor presentation. The other major presentation was on 1-5 and I-205 tolling,with a focus on I-205 first. Mayor Snider asked City Manager Wine to ask the Recreation staff to study whether there is a role in Tigard for esports, as it is a worldwide phenomenon with younger people. Arlington,Texas has an esports arena that recently became the home for the World Esport Awards which were moved from London to this facility. Councilor Anderson commented TIGARD CITY COUNCIL MEETING MINUTES—February 11, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 8 that esports areas are a regular stop on college tours now. Mayor Snider said this is something to evaluate and figure out what part of it we may want to be in at this time, especially if the City wants to connect with young people. Councilor Anderson said Tigard Little League got word that Tigard is no longer in the running for the Softball World Series. City Manager Wine noted for Council that she and City Attorney Rihala will do more research but the Oregon Government Ethics Commission advice from a few years ago still stands. City funds should not be used to pay for Council attendance at community events. Her recommendation is that if Council wants to take part in events such as the Chamber of Commerce Bowl-a-Rama they need to pay for it themselves. Council agreed to form a team, pay for themselves and will let the Chamber of Commerce know. Councilor Newton suggested doing a door-to-door event on the March 31 Fifth Tuesday or having an event at Summerfield that includes serving pie. City Manager Wine said staff will coordinate with Summerfield and reserve a date. The Study Session was adjourned at 7:06 p.m. 2. BUSINESS MEETING A. At 7:30 p.m. Mayor Snider called the City Council 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. 3. PUBLIC COMMENT A. Follow-up to Previous Public Comment—None. B. Tigard High School Student Envoy Sarah Gentry gave an update on THS activities.The girls ski team is undefeated and ranked first in the Metro League and Sarah is in first place in Girls Varsity Individual. The winter play starts this week with evening and a weekend TIGARD CITY COUNCIL MEETING MINUTES— February 11, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 8 matinee. A school-wide Unity Day is scheduled for March 12 and will consist of a Voices assembly,workshops and debriefing periods for students to learn about hate speech. The THS Race to Raise fundraiser has brought in$4,000 so far. C. Update from Police Chief McAlpine—Residential burglaries were highlighted, even though they appear to be fewer in number. Police have identified an individual responsible for at least 15 residential burglaries in Tigard alone. He was apprehended this afternoon with assistance from a US Marshall and has an extensive criminal history,including for weapons. The Chief reported that business burglaries jumped with 7 just in the PacTrust area. Data is skewed because multiple businesses hit were in the same buildings. Police have some leads. She added a photo enforcement table in the monthly report and requested Council feedback. Photo enforcement with citations went live at midnight but the table in this dashboard report reflects the warning period. She has given six different media interviews. She said the issue with the electrical box at the Durham Road signal has been repaired. Mayor Snider asked about repetitive flashes even when it seems people are not in the intersection. Chief McAlpine said there is an adjustment period and at Hall Boulevard there is a lot going on with all the approaches so a person may think they got photographed when they see a flash but it could have been for a car in another lane at Hall. Chief McAlpine noted that they have done a lot of outreach to businesses along 99W. Council President Goodhouse asked for verification that a sworn officer must view each video in order to issue a citation and Chief McAlpine confirmed that was the process. C. Tigard Area Chamber of Commerce Community and Member Engagement Manager Jessica Love gave a report on upcoming Chamber activities. It was Government Day for Leadership Tigard today. Bowl-a-Rama is on February 29. High school senior scholarship nominations are due by March 5.Applications are being accepted for the 2020 Farmers Market season and they hope to add vendors and expand the market area. The TDA is holding the first Tigard Drinks for Good event from February 17 through 23. Buy a special martini at any of six local businesses for$6 and$1 will go to a local non-profit. The non-profit this time is Just Compassion. Mayor Snider confirmed that the Tigard City Council would be a team for the Bowl-a Rama. D. Public Comment—No one signed up to speak. 4. CONSENT AGENDA: (Local Contract Review Board) A. CONTRACT AWARD TO ECONORTHWEST FOR WASHINGTON SQUARE REGIONAL CENTER (WSRC) UPDATE PROJECT Councilor Lueb moved for approval of the Consent Agenda. Councilor Newton seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — February 11, 2020 City of Tigard 1 1.3125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov Page 3 of 8 Yes No Councilor Lueb Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton V Mayor Snider convened the Town Center Development Agency for the next agenda item. 5. TOWN CENTER DEVELOPMENT AGENCY-CONSIDER APPROVAL OF THE SECOND AMENDMENT TO THE DEVELOPMENT AND DISPOSITION AGREEMENT WITH AVA TIGARD DEVELOPMENT,LLC AUTHORIZING A 90-DAY EXTENSION Redevelopment Project Manager Farrelly introduced this item. He said the TCDA Board is being asked to consider acting on a 90-day extension of the Development and Disposition Agreement with AVA Tigard Development,LLC, extending it to May 12. This extra time is needed for redesign of the building.They have received approval for their final land use application. They have submitted their building permit applications. Milestones yet to be addressed are receiving BOLI letter and final financing. Amy Saberiyan of AVA described challenges with the project site and how these obstacles were met. They were advised by their development consultant and general contractor that their original design was not insurable nor easily financeable because the parking structure was below the floodplain. She said they worked with a new architect to change the design. The property was a brownfield that needed to cleaned and monitored. It is near a state highway so no excavation or construction can be done on the west side of the property. They are also in the 100-year floodplain. The property is adjacent to Fanno Creek and below the sidewalk. There are easements and setbacks further restricting building. They have revised their design from a large condo residential units in a 5-story building to smaller one-bedroom units in a 4-story building. She said she is proud to say they have a great design. She mentioned their team, Civil Engineer Greg Kurahashi,Architect Ralph Tahran of Tahran Architecture and Planning, and General Contractor Roy Kim. She said they are awaiting permit approval from the City and the determination letter from BOLI so they can meet with their General Contractor and get an actual estimate in order to obtain financing. Architect Ralph Tahran said they thought it was a big project to try and redesign. They produced over 175 drawings to provide a substantial permit application to the City. There are details to work through,which is normal with any project. He discussed the new design,which brought the parking and building out of the floodplain and places it at sidewalk level. The original plan had it five-feet above the sidewalk and the new design will seem more friendly at street level. The height of the project has dropped 6-8 feet from the original design. Architect Tahran said it is a pleasant scheme with 4 stories rather than the original 5, and one- bedroom apartments instead of the large condominiums originally planned. TIGARD CITY COUNCIL MEETING MINUTES— February 11, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 8 Mr. Tahran said there will be 8,000 square feet of retail on the first floor. Office suites will fill the second floor for roughly 8,000 square feet and then there will be two levels of apartments, 22 total,with 15 parking spaces on site. He described other mixed-use projects he has been involved in and said AVA's coffee shop, bean roasting and bakery will make a nice combination. He said the apartments will lease quickly and this will be a wonderful project for a downtown to have, a lively building with all these activities. The public plaza feature will have educational plaques about wetlands and migratory birds,like those at Clean Water Services Jackson Bottom Wildlife Refuge in Hillsboro. He expressed appreciation for Tigard's staff and their prompt responses to questions Director Goodhouse asked about the size and scope of the outdoor plaza. Ms. Saberiyan said the scope has not changed. There will still be open outdoor seating with a water feature on the Fanno Creek Side. He complimented them for the speed in putting this re-design together and said it is a much anticipated downtown project. Director Newton noted that the date on the agreement in the Recital should be 2018 instead of 2028. Director Goodhouse moved to approve the second amendment to the Development and Disposition Agreement with AVA Tigard Development LLC, authorizing a 90-day extension and correcting a date to 2018. Director Anderson 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 Mayor Snider reconvened the City Council. 6. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 10.28 REGARDING PARKING ENFORCEMENT A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony. C. Court Supervisor Annis and Commander McDonald gave the staff report. Commander McDonald said Community Service Officers (CSOs) conduct the majority of the City's parking enforcement and can only issue citations for violations of Tigard Municipal Code and State statute. The TMC currently does not have a provision allowing the issue of citations for vehicles illegally parked in alternative fuel vehicle refueling spaces. TIGARD CITY COUNCIL MEETING MINUTES— February 11, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 8 State statute already has a provision for this and adding it to the TMC will allow the CSOs to issue citations. Court Supervisor Annis said she is recommending an amendment to TMC 10.28. The language in the State statute demonstrates the details and consequences of citations issued by a police officer.The amendment would add language to the existing TMC clearly defining the defendant's options when cited under code by a Community Service Officer and it would also clarify the court's default judgement direction for non-appearance. Staff recommends approval of these amendments to TMC Chapter 10.28. D. Public Testimony—No one signed up to speak. E. Response to testimony by staff. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 20-04 Council President Goodhouse moved to approve Ordinance No. 20-04. Councilor Lueb seconded the motion. City Recorder Krager conducted a roll call vote. The motion passed unanimously. Ordinance No. 20-04:AMENDING TIGARD MUNICIPAL CODE CHAPTER 10.28 REGARDING PARKING ENFORCEMENT Yes No Councilor Lueb V Councilor Anderson V Mayor Snider V Council President Goodhouse V Councilor Newton V 7. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 10.30 REGARDING RESIDENTIAL PARKING PERMITS A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony. C. Police Commander McDonald gave the staff report. This amendment to the Tigard Municipal Code will change the dates when residential parking permits become effective and will match the City's fiscal year. This will correspond with the dates already in place so it will be less confusing to the public and more convenient for staff. D. Public Testimony—No one signed up to speak. E. Staff Response to Testimony—none. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration. TIGARD CITY COUNCIL MEETING MINUTES— February 11, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 8 Councilor Newton clarified that the annual permit year dates were July 1-June 30. Councilor Lueb moved to approve Ordinance No. 20-05. Council President Goodhouse seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote of Council members. The motion passed unanimously. Ordinance No. 20-05: AMENDING TIGARD MUNICIPAL CODE CHAPTER 10.30 REGARDING RESIDENTIAL PARKING PERMITS Yes No Councilor Lueb Councilor Anderson V Mayor Snider V Council President Goodhouse V Councilor Newton 8. ADMINISTRATIVE REPORT—City Manager Wine said a major finding noted in the performance audit was the lack of integration and future need for our systems and technology. An RFP was issued for replacing the asset management tracking system and as it was explored, staff found that it also has potential for use in enterprise,planning and permitting systems. This could give the city a coordinated tech replacement system that works together. A contract will come before Council at some point. The local option levy website continues to be built and people can be referred there to get neutral, factual information. It contains content that has been approved by the Secretary of State, FAQs,and Chief McAlpine's interview with Mayor Snider. She encouraged Council to refer questions to her because that helps staff develop and add to the FAQs. Mayor Snider recommended a splash page that pops up every time the main website is opened from now through May. 9. NON-AGENDA TI'hMS There were none. 10. ADJOURNMENT At 8:17 p.m. Councilor Newton moved for adjournment. Councilor Anderson seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Councilor Lueb Councilor Anderson Mayor Snider V Council President Goodhouse Councilor Newton V TIGARD CITY COUNCIL MEETING MINUTES— February 11, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 8 Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES — February 11, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 8 a City of Tigard Tigard City Council Meeting Minutes TIGARD February 18, 2020 1. WORKSHOP MEETING A. At 6:38 p.m. Mayor Snider called the Tigard City Council Workshop 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 join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None. 2. RECEIVE MUNICIPAL COURT ANNUAL REPORT Court Supervisor Brenda Annis and Judge Michael O'Brien presented the staff report and presentation.Judge O'Brien said that because Tigard is a local court, they can work with residents and hear their cases.A recent survey said that a third of defendants in Tigard's Municipal Court are City residents.The Court's function is to accommodate local residents and give them an opportunity to be heard. Court staff want defendants to learn from the process without too much trauma. Judge O'Brien continued that the Court's sanctions and fines are set by statute.Although there is a range that may be imposed for each offense,the maximum fine is rarely imposed. The Court will frequently consider the driver's record and any mitigating or aggravating circumstances.A mitigating circumstance could be a good driving record and lack of intent. Enhanced penalties are enforced for violations in school or work zones, the traffic safety corridor along Interstate 5, crashes and excessive speeding. He said highlights over the last year include preparations for photo red light enforcement and the anticipated 240 percent increase in the Court's caseload. They have increased the Court's square footage in City Hall and hired additional staff in order to accommodate the increase. Several of the Court clerks as well as Judge O'Brien himself have extensive history of photo red light enforcement and are well positioned to implement the program smoothly in Tigard. Judge O'Brien said that Court Supervisor Annis has played a large role in preparing the Court division for these changes. She has shown great attention to detail and flexibility in managing a changing schedule. He commended Ms.Annis for the work that she has done. TIGARD CITY COUNCIL MEETING MINUTES — February 18, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 12 In the past year, the caseload was down about 7 percent and therefore staff had time to prepare for the photo red light enforcement. Other important changes included new procedures to create a paperless process as well as additional Court resources for Spanish-speaking defendants and witnesses. Residents were prepared for the program through the Police website and the Judge has written several columns in the Cityscape Newsletter. He said that staff also decorated the Court space with artwork of the City of Tigard. Judge O'Brien stated that three-quarters of all citations fall into four categories of cases: (1) Speeding has been stable the last couple of years; (2) Cell phone citations have tripled since the stricter 2017 law was implemented; (3) Traffic control device citations have decreased by half, but will be increasing markedly with implementation of photo red light enforcement; and, (4) Driver's licenses. He said that the Court takes traffic safety seriously and that includes educating the public about traffic laws and safety. Diversion has been a successful traffic safety program for those with a clean driving record for the past five years. This program was approved by Council in about 2016. Cell phone citations can no longer be dismissed under state law. In these cases, a defendant can take a driving course within 50 days and have the citation fee waived,but the violation remains on the driver's record. Judge O'Brien explained that there was another major administrative initiative taken on by Court Supervisor Annis this year. She tackled purging a large number of electronic files to comply to the state's records retention schedule and increase operational efficiency. Bankruptcy management and collections will now be handled by an agency, taking this workload off Tigard Court staff. Along with growing their area in City Hall, staff had to ensure the office space met all Criminal Justice Information Services (CJIS) requirements. Court Supervisor Annis said that the City worked hard to get the CJIS compliance, especially with the new photo red light program.Judge O'Brien said some administrative procedures have been streamlined, and new staff have been thoroughly trained and prepared for photo red light enforcement. Court Supervisor Annis thanked Tina Escalera and other staff for the amount of Spanish translation that was completed on the website,publications and resources for Court matters. Judge O'Brien reported that he had been elected President of the Oregon Municipal Judges Association in September of 2019. He said the organization has been struggling with how to respond to proposed legislation (HB 4065) that would make municipalities unable to suspend a driver's license for non-payment of fines. He promised to keep the City Council posted on this evolving issue. Mayor Snider asked Judge O'Brien if he or the judges'association had a position on HB 4065? From the City perspective,Mayor Snider assumed they would oppose taking away that municipal power.Judge O'Brien said that the League of Oregon Cities has had a debate on the issue and has decided to stay neutral. He said there is currently no consensus in the judges'association. Many judges have chosen to act independently to provide accurate information to the legislators directly.Judge O'Brien asked if City Council would support him doing the same. TIGARD CITY COUNCIL MEETING MINUTES —February 18, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 12 Mayor Snider asked if the Judge had a recommended position for the City.Judge O'Brien said that his sense is that the legislature needs more information. Ideally, an interim study committee with representatives from municipalities and the state would return to the legislature in the next session to present all the anticipated impacts of such legislation. In sum,Judge O'Brien said the issue needs to be studied more thoroughly than it has been thus far. Mayor Snider asked if anyone on the Council objected to that position as it seemed sensible. No one objected.Judge O'Brien said he would draft a letter to the legislature copying the City Council and City Attorney. Councilor Newton thanked Court Supervisor Annis for the thorough report and said Ms.Annis was the right person to get this program up and running due to her attention to detail. Council President Goodhouse congratulated Judge O'Brien for being elected President of the judges' association. 3. RECEIVE PRESENTATION ON INFORMATION TECHNOLOGY (IT) STRATEGIC PLAN Finance and Information Services Director Toby LaFrance and Information Technology Manager Mike Nolop gave the staff report and presentation. Manager Nolop highlighted that this is the first time the City Council has heard an update and held a discussion on IT strategy. He said planning is needed to tackle the number of projects being requested of the IT division. Soon, the City will be transitioning to new software that will require a lot of work from IT staff. IT Manager Nolop described a roadmap of the IT management structure,including IT management,data management, data centers, and tech infrastructure and programming.The division currently has 11 full-time equivalent (FTE) staff including: 4 staff specifically for Geographic Information Systems (GIS) mapping and data analysis; 3 staff for networking and security, dubbed"Tier 3 helpdesk support"; 1 FTE for BridgeTech for"Tier 1 and 2 helpdesk support"; 1 FTE for Enterprise application support (Office 365); 2 FTE in new project management office; and, 1 FTE for IT Management and Innovation (i.e. to coordinate,guide and move things forward). IT Manager Nolop explained that the City has had three to four years of change,where staff have tried to stabilize and bring consistency to IT services through technology. That program has now been completed successfully,but formalized processes and procedures were needed. The division partnered with Technology Innovation Group (TIG) to develop an IT Strategic Plan. TIG met with 40 staff members from every department in the City to complete independent reviews of the IT division, then summarize and present the data.The findings informed the strategic priorities,which included data priorities,project management,central IT support and retaining top talent. TIGARD CITY COUNCIL MEETING MINUTES —February 18, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 12 Priority 1. Data Informed Business Decisions Some of the departments are data aware,but departmental systems are all siloed and not in communication with one another. Cross referencing across software platforms isn't possible. A third-party consultant will be helping the division figure out where data is,what it means and determine what data is needed to tell the City's story.This program will have three phases over three fiscal years and will require additional FTEs to complete the work in subsequent fiscal years. The City has the opportunity to transition to an All-in-one software system, creating integration across departments and new opportunities for collaboration and data gathering. This will assist with data consistency, availability and transparency,with a comprehensive public services portal and automated storytelling capabilities. Enterprise system evaluation and replacement will be one of the first projects tackled by the new Project Management Office. Priority 2. Project Management Office (PMO) The Project Management Office is needed both to create and implement processes and standards for IT project administration throughout the City. The typical project lifecycle workflow includes 5 steps: (1) Intake, (2) Evaluation / Definition, (3) Approval / Scheduling, (4) Project Work, (5) Wrap-up. Additional tasks for the PMO include creating an equitable project scoring matrix that adapts to changing City priorities and conditions. The matrix will weigh projects according to their anticipated impact as compared with the anticipated effort, or staff time to complete. Priority 3. Centralized Structured IT Support Services IT Manager Nolop said that this category concerned the nuts and bolts of IT daily operations, such as daily work orders or software requests. Centralized IT support begins with the contracted helpdesk support through BridgeTech and role evaluation,hoping to turn IT into a proactive division as opposed to a solely reactive one.They are also looking at enterprise application support roles, or FTE to run departmental software applications, e.g. Public Works application administration or Police data suite. Manager Nolop explained that Service Level Agreements (SLAs) are held to different legal standards depending on the subject matter. For example, a payroll system would have a more complicated SLA than a library automation system,which is held to less restrictive requirements. The last item Mr. Nolop mentioned is ITIL, the international standards for information technology, that will help guide the division in the design,development and implementation of new programs. Priority 4.Attract and Keep Top Talent He said the division has had four hires in the last three months and he felt the process was very successful with great candidates. Staff will work with the HR department for career development planning in order to engage with IT staff and keep them at Tigard. Finally,IT Manager Nolop said that the priorities in the IT strategic plan related to the recent performance audit recommendations about 85 percent of the time. He explained a lot of the recommendations related to data,process integration, controls and centralized IT support generally. TIGARD CITY COUNCIL MEETING MINUTES — February 18, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 12 There are currently 43 IT projects. Staff are trying to preplan and know of projects in advance of the fiscal year and this year their projects are about half and half. Mr. Nolop described a number of the upcoming projects,including the asset management system and automated Police report filing system. Mayor Snider said his first reaction was "wow." Council President Goodhouse said the plan was impressive and he likes the direction it's going. IT Manager Nolop said that they've been able to accomplish a lot of standardization during the last four years. Councilor Newton said that the connection to what was recommended in the performance audit is important and she appreciates staff trying to integrate into one comprehensive or overriding system. She asked if the project management office was aimed at getting a handle on all projects for the IT division and decide which projects fit into the IT strategic plan versus those that need to be rethought. IT Manager Nolop said the ultimate goal is to create a mechanism for intake of an idea for a project. The PMO will help flesh out the details and align to the City and Council strategies. He said there are more projects being requested than IT staff can handle and so they needed a way to equitably weigh projects across the City.Another criteria for project scoring is the length of time a project is on the list, so that the longer a project is in the queue,points will increase and increase the project's priority relative to other initiatives. IT Manager Nolop said that the City has aging enterprise systems,the newest of which was implemented a decade ago.As the City has changed its business,it hired a consultant to do that work. Councilor Newton said she was encouraged by the PMO. Mayor Snider said this is the standard in IT practices,in the private sector at least. He supports applying that discipline and rigor to every IT project and believes that going through the project management process is just good practice. Councilor Anderson said the Tyler Technologies all-in-one system looked very promising and asked when the City will we know the results. Mr. Nolop said he was not sure. He said they are in the beginning stages of this project,but leadership plans to move quickly once they make a determination about a system. Mayor Snider said he hoped to get somewhat regular updates on the implementation of the IT strategic plan. 4. DISCUSSION OF REDEVELOPMENT OF CITY FACILITIES Mayor Snider said that before the staff report is presented, there were two members of the public who would like to speak on this topic. He invited Mr. Henderson and Mr. Shavey to speak. Richard Shavey, Former Member of Tigard Planning Commission Mr. Shavey thanked the Mayor for the opportunity to speak on the topic, since he's worked on the Tigard downtown area for many years.About a year ago,he said he realized (light rail) trains would be in Tigard in the next 8 years so he began talking to people in the City to assemble an 8- year plan. He said that the interesting part is that many of the activities and suggestions in the plan have already happened due to the Council being very active. He commended them on their actions to date. Mr. Shavey stated that developers are now coming to the City with proposals. TIGARD CITY COUNCIL MEETING MINUTES — February 18, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 12 Tigard has taken a leadership role in the SW Corridor project in a way he hasn't seen before. He said he saluted the Council and that the City is lucky to have a Community Development Department that can put together the pieces of what Tigard downtown could become. He told the Council that they are all leaders and he hoped that they would take a leadership role instead of simply putting the plans on a shelf. Marland Henderson,Former Member of Tigard City Council Mr. Henderson said he appreciated the opportunity to address the Council and that he is as excited as he was in 2004 when the Downtown Plan was first being developed. He said he regretted that the 2008 recession prevented any of that planning from being developed. Mr. Henderson said he had been looking for something to be excited about and this is it. He echoed that the plan needs leadership, as opposed to management. It seems like 8 years is a reasonable timespan to think about the Downtown area in a longer,more logical way. Mr. Henderson said he was totally on board. Mr. Shavey added that he had been asked if the public would live in downtown Tigard. He answered that he'd been in communication with developers and they thought people did,and that a lot of people want to be in downtown Tigard now. Staff Report Members of the City's Leadership Team presented the staff report,including City Manager Wine, Finance and Information Services Director LaFrance, Central Services Director Robinson, Public Works Director Rager, Police Chief McAlpine and Community Development Director Asher.Also present was Mick O'Connell,real estate consultant and John Pete of FFA Architecture and Interiors. City Manager Wine introduced what she said would be an in-depth discussion regarding the redevelopment of City facilities. She explained that since 2008,the City has been planning around how to update aging City facilities,including the Police department,Public Works, Permit Center and City Hall. Staff also completed the Civic Center Vision Long-Range Facilities Plan in 2017,which contemplated the public reuse of the current facilities on the current City Hall site. With the SW Corridor project,light rail transit is planned to come through the downtown area and has prompted more discussion about public lands there. Specifically,whether there is a higher priority, better use for these lands long term. Council has also approved several facility planning projects for the Police Department as well as Public Works. City Manager Wine showed the Council a map of the City's current land holdings in the downtown area. She explained that during these planning efforts, the idea for an All-in-One facility has been proposed.The All-in-One (AIO) Concept would be all non-library and non- public works housed in one new, multi-story facility on land already owned by the City in downtown. Benefits of this plan may be more centralized City services and greater cost effectiveness. It would achieve the City's redevelopment goals while making the best use of the land in the urban renewal area. She summarized that the Council would hear about this concept as a long-term solution that addresses most of the City's facility challenges and needs. She TIGARD CITY COUNCIL MEETING MINUTES — February 18, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 12 requested Council direction regarding whether staff should move forward with this revised redevelopment plan. Central Services Director Robinson described the current condition of three City facilities that would be replaced with the MO Concept,including the City Hall complex, the Public Works facility built in the 1980s, and the Niche constructed in the 1950s. None of these buildings meet current seismic codes and would take weeks or months to be inhabitable after a disaster. Further,City staff has grown exponentially since the last of these facilities were constructed in the 1980s,increasing from 86 FTE to 304 FTE in 2020. As the buildings have aged, the City has researched the maintenance and system needs of the facilities long term. Markedly, the 2016 Facilities Condition Assessment concluded the City Hall complex has a poor rating,with the Public Works facility and Niche building both rated good. Since then, a consultant has factored in additional costs that inflated the 2016 figures substantially. In addition, the Public Works facility recently underwent a Tier 1 study since it serves as the City's Emergency Operations Center (EOC). Neither that facility nor the Police department were found to meet the Tier 1 requirements,which would need an array of prohibitively expensive seismic upgrades to comply. There are also severe space constraints with a 254-percent increase in FTE since these facilities were constructed. There is insufficient parking at the City Hall complex and Niche buildings on days that Court is held, for example. Staff are currently looking at available parking alternatives. Public Work Director Rager said that space has been the biggest problem in the Public Works facility for the last 15 years.The department lost acreage during development of the Atwell and Main project in 2006, at which time Public Works hired LRS Architects to perform a space needs assessment. The assessment determined that to house Public Works on one site would require about 8 acres. In the interim, they have remodeled the current facility to accommodate as much staff as possible. Recently the department lost another property to the Atwell development, for a total of 2.5 acres. To mitigate for loss of those parcels,the City is now renting space at a cost of$92,000 per year, for a total of about$350,000 over the last 4 to 5 years. Director Rager showed the Council examples of the space constraints present at the Public Works facility. He expressed the need to use common spaces for multiple purposes. He described that there is no additional space for engineering,which is currently housed in the Permit Center. Limited employee parking at the Public Works building has also become a challenge as conflicts arise between the need to store equipment and vehicles. Councilor Newton asked if the AIO Concept would have the Public Works'operations separate from Public Works'administration functions. Director Rager confirmed it would. Councilor Newton asked if this was problematic or whether they were used to the arrangement. Director Rager said that this is the best overall solution. TIGARD CITY COUNCIL MEETING MINUTES —February 18, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 12 Police Chief McAlpine presented the Police facility issues identified to date. First, the department currently occupies 15,750 square feet of space across three different facilities in the City Hall complex. Professional assessments say the department needs at least 50,000 square feet,not including the 2,400-square foot Emergency Operations Center (EOC). They would also like the Commercial Crimes Unit with the department and a larger gun cleaning area sufficient for 69 FTE. The Police department is a full-service agency with officers in the field, but support staff, detectives and command staff in the office around the clock. The Police facility is currently substandard, especially due to insufficient meeting spaces,limited lobby space, and the deficient sally port. Locker room areas are at capacity,which puts the City at a disadvantage against other police agencies with nicer facilities that are vying for the same police candidates. The current staff have been promised a new facility for years and do not expect it during their tenure. Councilor Newton said that she will want to know how much the City is spending on rent since that is frequently a larger figure than the public realizes. Chief McAlpine said that the City has had double-digit increases in rents and leases every year of the last three years. Community Development Director Asher said that the situation was not good, as facilities have fallen further behind on maintenance and needs going unmet,including space and seismic considerations. He said the MO is the only good news for the City.As a large landowner in the downtown area, the City has an asset that can be turned to the City's advantage. Director Asher said the situation is a silk purse from a sow's ear. Director Asher said the Leadership team asked, "What can the City do to produce the greatest public benefit?" He believes there is more to gain from moving the City's services to a larger building on a smaller footprint. He showed the Council a photo of the downtown area envisioned in 2016 and said he believes the community is well on its way. The primary public benefits are without question the cost effectiveness as the lowest cost option in the long term, as well as the most efficient way to house City services with the least amount of redundancy. The City must be able to handle City services through a seismic or emergency event and a new AIO facility would help achieve that goal. Director Asher said that City staff had undergone lean management training and found that the team is less efficient being spread across 6 distinct facilities.As a result, customers have experienced bottlenecks and inefficiencies.The opportunity for redevelopment benefits is significant, as the downtown and Triangle districts will be the places where the City transforms. What the City chooses to do with its land can have a profound impact on how that development unfolds. Finally,Director Asher said that the MO facility would provide additional efficiencies for energy, contributing less environmental impacts than existing conditions. The light rail transit station planned for the downtown area would help make the community more walkable, especially for City staff and those needing to access City services. He said the MO plan puts the City closer to the downtown vision than they could have imagined. TIGARD CITY COUNCIL MEETING MINUTES —February 18, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 12 Mick O'Connell stated that he had been a real estate development consultant for many years. He said they have seen a lot of mixed-use development in Tigard and other satellite cities around Portland.Attwell at Main was a successful project and the Main at Fanno Creek project will break ground soon.The City is sitting on significant landholdings that are highly desirable for future development. Mr. O'Connell said that the 13+ acres owned by the City is currently underutilized with many single-story buildings and therefore represents an interesting redevelopment opportunity. Based on the location of the City's landholdings,he said that redevelopment could revitalize the whole area extending to Main Street. To fully utilize this valuable land in the downtown area and urban renewal district, they are looking at assembling all City needs in one building with one multi-story parking structure. By consolidating the City's needs into a smaller footprint,it would create excess area in which the City could realize the full potential value of the asset. They conducted a land value analysis by estimating the number of apartments that could occupy the space,multiplied by the current market rates for an apartment in this area and adjusted to reflect a developer's cost to construct. That calculation values the City's current landholdings at more than$8.8 million. John Pete of FFA Architecture is a Specialist in Public Architecture and he introduced Rick Williams, the project's parking analyst. The team tried to understand the building program and parking plan for the facility,using a 20-year planning horizon. The consultants began with the City's Police department and emergency management division in reviewing the most recent facilities assessment from 2012. They identified many potential efficiencies citywide by standardizing work spaces and furniture. New elements included a detailed focus on Public Works' operational requirements and customer service with an aim of improving the customer experience. The team also met with the City departments to find partnership opportunities and potential adjacencies,mapping the relationship among the departments within the City. The consultant team for the AIO Concept concluded that to be feasible, the facility would require 92,800 square feet of space,which would equate to a five-story building. They identified many shared uses and efficiencies across departments and anticipate the customer service experience to be improved with one-stop shopping, so to speak. The planned parking structure would be 4 to 5 stories with 330 spaces and would accommodate some fleet vehicles, employees and visitors. The "Plus" component of the AIO+ Concept is where Public Works would be housed, including employees from utility, sanitary sewer,parks and streets divisions.This would total about 49,050 square feet and provide space for all the City's utility rigs and vac trucks, for example. Finance and Information Services Director LaFrance said that the good news was that the projects that were "put on the shelf"were where a need was identified and funding was not assembled. At this time, he is excited about the project and thinks the funding is available to TIGA.RD CITY COUNCIL MEETING MINUTES —February 18, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 12 accomplish these changes. From a funding standpoint, the City could consider a voter-approved General Obligation Bond that would not increase the current tax rate. Director LaFrance explained that utilities and special revenue funds will pay their proportionate share of the cost for their space. Recent rate studies and increases factored in the anticipated cost of future space, so those funds should be available from the higher fee collection. Further, not having to acquire more land and using an existing City asset reduces costs significantly.The sale of the land itself would provide a large component of the funding and add significant assessed value to the Tigard tax rolls. Mayor Snider asked Director LaFrance if the entire tax bill would be due by the property, once it became privately-owned. Director LaFrance confirmed. They agreed that was a very large number that would be added to tax collections due to the large anticipated value of the property that is currently City-owned. Director LaFrance continued that the Leadership Team has tried to be conservative in their cost estimates and comprehensive in their scope, from development to occupancy. He emphasized the need for the City to remain on track in moving forward in a timely manner. He estimated that every month the City delays,an additional$500,000 in costs will be accrued. Mayor Snider added that we could also go into a recession. Director LaFrance contended that would actually not benefit the City, since construction costs would remain flat at best. Mayor Snider said the comment was half in jest, but it may not matter if it's more of a problem than a benefit. Director LaFrance said staff made the same assumption and found out they were incorrect. To assemble all of the funding needed for this project,Director LaFrance anticipates the City will need at least three voter-approved bonds,which would be sequenced and incur financing costs. He reviewed the proposed timeline for this project at a high level. If staff continued down this route, all of the due diligence would need to be completed for the MO+ facility. Anticipated construction would occur in 2023,which would only delay occupancy of a new Police facility by one year. Completing a conceptual design would be the next step in moving this project forward. Director LaFrance said he would anticipate bringing the voters a GO bond proposal in 2022. Ideally this would be a GO bond that would not increase the City's total tax rate. City Manager Wine said that staff are bringing an alternative with a lot of promise from a long- term investment perspective. This solution would achieve a lot of public benefits while correcting a lot of the City's deficiencies. She asked the Council to provide direction as to whether staff should keep planning for the AIO+ facility and halt the other independent planning processes for new facilities. Youth Councilor Turley said she appreciated the amount of thought staff had put into this presentation and that it clearly identifies the need for a new facility. Councilor Anderson asked what the total cost of this project will be. Director LaFrance said that it was a very preliminary estimate,but they were looking at$73 million.A parking garage would add another $25 million. TIGARD CITY COUNCIL MEETING MINUTES — February 18, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 10 of 12 The "Plus" site for Public Works operations would cost about$37 million. Councilor Anderson said it will be tough to find 8 acres available in Tigard and asked if staff had been working on this. Director Rager said that they have been waiting for a number of years,but with Council's direction tonight they would move this process forward. Councilor Anderson asked if any parkland was available to use for the facility and Mr. Rager said there was none that he was aware of. Council President Goodhouse suggested that rather than looking in city limits, finding a neighboring community to team up with for a combination public works yard. Mr. Rager said that is a thought. He has one city in mind but hasn't approached them yet. He said it warranted further investigation. Council President Goodhouse said that it would be a good way to achieve shared efficiencies. Director Asher said that the City hosts the treatment plant for Clean Water Services (CWS). He has spoken to the City Engineer about the possibility of co-location. His concern is that this property is the linchpin of the project. If the City can't find a suitable "Plus"property,it can't knock over the first domino and none of this works. Council President Goodhouse asked if it needed to be 8 acres and Mr. Rager confirmed that it did. What drives the size of the facility is the size of the equipment they need to store. Council President Goodhouse asked about having people pay for parking in the Public Works parking lot on the weekend. Director Asher said there is an opportunity there with the offices and affordable housing,but that staff haven't factored this into their cost assumptions. There was more discussion regarding how the City could recoup costs through leasing office or parking space once developed. Director LaFrance reminded everyone these were great opportunities,but at this early stage staff have been very conservative in trying to fund the project with City resources. Councilor Newton said that she thought the project was great and a good opportunity. She said that she wants to make sure that the Police are fully funded before moving photo enforcement program revenue towards this project. She agrees that the City's land is currently very underutilized. She thinks it's smart for the City to focus energy on the Tigard Triangle and downtown area for redevelopment. She thinks staff will benefit from being in one location and that it will benefit delivery of emergency services. Mayor Snider said that some of the City's intent in recently updating agreements was to clarify ownership and control of the water building. He asked if with these new agreements the City could bring that to a quick and easy close. Mr. Rager said the City would need to have that conversation with those partners. Mayor Snider also pointed out that structured parking is expensive,at about$50,000 per parking stall to construct and could be upwards of$75,000 per parking stall by his estimate. He thought the Council should keep this expense in mind. Mayor Snider said he was very supportive of the overall concept. He thanked the Leadership Team for their creativity and said that staff had responded to some of his initial funding concerns with new funding strategies. For example,he did not think the community would support a tax increase to fund this project and so staff developed a funding package that would keep tax rates stable. TIGARD CITY COUNCIL MEETING MINUTES — February 18, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 11 of 12 City Manager Wine said that if the Council is supportive, staff will schedule regular updates to the Council regarding this project. Mayor Snider said he felt like everyone present gave their blessing to continue testing the feasibility for the AIO+ facility and begin with conceptual design. Council President Goodhouse said that he liked how this project would expand downtown beyond the Main Street corridor and create a true downtown district for residents. Director Asher thanked the Council. He emphasized next steps and co-dependencies, such as the light rail transit being funded in the November 2020 election (through the Metro Transportation bond). He said this will be crucial to plan out the next six months and that the election will add a lot of momentum to the project or cause serious reevaluation. Councilor Newton said this project touches all City services and addresses so many shortcomings. Mayor Snider thanked the team and said they had done incredible work. 5. NON AGENDA ITEMS—None. 6. ADMINISTRATIVE REPORT—None. 7. ADJOURNMENT At 8:49 p.m., Council President Goodhouse made a motion for adjournment. Councilor Newton seconded and the motion passed unanimously among the members present. 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 —February 18, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 12 of 12 City of Tigard I Tigard City Council Meeting Minutes TIGARD February 25, 2020 J 1. STUDY SESSION Council Present: Mayor Snider, Council President Goodhouse, Councilor Lueb, Councilor Newton, Councilor Anderson and Youth Councilor Turley. Staff Present: City Manager Wine, City Attorney Rihala, Community Development Director Asher,Project Planner Pagenstecher, Senior Planner Warren, Community Engagement Coordinator Scott, City Recorder Krager A. DISCUSS AND CLARIFY COUNCIL GOAL 4.2 ANNEXATION Project Planner Pagenstecher discussed the city's previous annexation history and how upcoming community outreach regarding South and West River Terrace planning may create confusion to unincorporated residents about the City's intentions. Voluntary annexation will be occurring at the same time the Roy Rogers East area is being planned. He said staff recommends that if Council wants to pursue Goal 4.2, they participate in listening sessions held at the CPO 4-B and CPO 4-M quarterly meetings. Council should be prepared to answer specific questions regarding annexation of South River Terrace and general annexation of unincorporated areas. There are complications within the timeframe of Goal 4.2 if Council is meeting with unincorporated areas and then soon after that, they receive notice of actions the City is taking to prepare for an urban growth boundary expansion. Senior Planner Warren distributed a map showing the areas under discussion and said the public has a hard time grasping complex planning processes and distinguishing them from other planning activities. Roy Rogers East could potentially create confusion about what is being asked as it is slated for mid-cycle UGB expansion next summer. If approved, annexation would follow shortly thereafter depending on property owners opting in. There is an opportunity to broaden the discussion of annexation. Staff is sensitive to making sure the City's message is focused on processes that they can engage deeply with the community on and not conflate that feedback with other feedback from a parallel project Councilor Newton remarked that this sounds more complicated than it needs to be. She was concerned that if the City does not initiate a conversation with unincorporated Bull Mountain residents, they may feel that we are passing them by. The initial discussions could be, "We are moving ahead with expanding our urban growth boundary to bring in River Terrace South and if you are interested,let's talk." Council President Goodhouse said the City already went through the island process recently and they certainly were aware of those efforts then. He has heard unincorporated people asking when the City will annex them. Councilor Lueb agreed that the goal was just to have a conversation with the unincorporated areas. TIGARD CITY COUNCIL MEETING MINUTES— February 25, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 7 Community Engagement Coordinator Scott said there is an active movement for South River Terrace and Bull Mountain residents may think this is for them. She asked if the conversations should be concurrent and Council said yes. Ms. Scott said that when putting together the communications plan, she will leave a spot to add a meeting if CPO-4B requests it. She commented that staff could build the same approach to areas near Washington Square. Mayor Snider requested robust briefings from the City Attorney, one limited to an executive session. There could also be an open session to discuss broader changes on islands and whether this is the right strategy. Community Engagement Coordinator Scott asked if Council was planning on attending a CPO4-B meeting and Council President Goodhouse recommended they do,with 1-2 Council members and a note taker. Councilor Newton remarked that what they learn may inform 2021 goal setting and they may need to pivot. B. COUNCIL LIAISON REPORTS Councilor Newton reported that the Tigard Youth Advisory Council receieved a presentation about the levy. There is interest in taking Youth Councilor Turley's place as Youth Councilor on the City Council next school year.They had questions about raising funds so they can attend the National League of Cities Conference. Mayor Snider asked Council if they should consider matching any funds raised for youth to attend NLC. He said Tigard was under respresented. Councilor Newton said more than four are a challenge to chaperone. Mayor Snider and City Manager Wine will follow up on this. Council President Goodhouse attended a JPACT T2020 meeting. He said Metro will be rolling out an in-depth website with the details of the transportation measure. Councilor Anderson said he spoke at the Tigard Chamber of Commerce Government Affairs session. He will be involved with the selection of social services grants this Friday. Mayor Snider reported that Metro is planning a$250 million mental health/housing bond that will tax higher earners and puts a one percent tax on business net profits. The Study Session adjourned at 7:27 p.m. 2. BUSINESS MEETING A. At 7:30 p.m. Mayor Snider called the meeting to order. B. Mayor Snider asked City Recorder Krager to call the roll. TIGARD CITY COUNCIL MEETING MINUTES— February 25, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 7 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 Council and Staff for any Non-Agenda Items. None. 3. PUBLIC COMMENT A. Follow-up to Previous Public Comment—None B. Public Comment—Sign Up Sheet—None. 4. CONSENT AGENDA: (Tigard City Council,Local Contract Review Board) A. APPROVE CITY COUNCIL MINUTES: September 24, 2019 October 8, 2019 October 15,2019 October 22, 2019 B. AWARD ENTERPRISE LICENSE AGREEMENT (ELA) TO ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE,INC. (ESRI) FOR GEOGRAPHIC INFORMATION SERVICES (GIS) CORE SOFTWARE Councilor Newton moved for approval of the Consent Agenda and Councilor Lueb seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Councilor Anderson V Mayor Snider Council President Goodhouse V Councilor Newton V Councilor Lueb V TIGARD CITY COUNCIL MEETING MINUTES —February 25, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 7 5. CONSIDER A RESOLUTION APPOINTING DEPUTY CITY RECORDER City Recorder Krager presented this item and said that Section 22 of the City Charter states that in the absence of the City Recorder at a City Council meeting the Mayor shall appoint a clerk of the council pro tem who can fulfill all the duties and obligations of the recorder. It ensures continuity of the job functions and services of the recorder office. Caroline Patton was hired in December and it is recommended that she be empowered to act as City Recorder at any time in the City Recorder's absence or unavailability. Council President Goodhouse moved to approve Resolution No. 20-08. 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. Resolution 20-08:A RESOLUTION OF THE TIGARD CITY COUNCIL APPOINTING CAROLINE PATTON AS DEPUTY CITY RECORDER Yes No Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton V Councilor Lueb 6. CONTRACT AWARD TO RCH STUDIOS FOR UNIVERSAL PLAZA ACTIVATION, DESIGN AND PROJECT MANAGEMENT PROJECT Redevelopment Project Manager Farrelly and Purchasing Manager Moody presented this item. Redevelopment Project Manager Farrelly said that Council is being asked to award the design contract to RCH Studios for the Universal Plaza activation,design and project management. He said this is a once in a generation opportunity to provide public space in the downtown. Purchasing Manager Moody spoke about the procurement process. The contract amount is 642,300 and was done through the QBS process beginning in October 2019. Four responses were received.After careful review and consideration RCH Studios was chosen. Kim Knox,representing Shiels Obletz Johnson (SOJ) said this hiring is a significant opportunity in Tigard for a high-profile project. City staff wanted continuity from design to construction. SJO was an extension of city staff in this regard and managed the selection process. RCH Design Project Lead Peter Emerson,Local Project Coordinator Carolyn Sumida, and Activation and Programming Coordinator Alisha Sullivan of Art Design Situation were introduced.ADS specializes in art-based events,installations and activities. Ms. Sullivan was brought into the process as an activator and will be community faced. TIGARD CITY COUNCIL MEETING MINUTES — February 25, 2020 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 4 of 7 Mr. Emerson gave a slide presentation. He said the site is challenging and unique. It is close to the center of the downtown,nature, and near Fanno Creek Trail. He showed ideas on how to build enthusiasm for the project and get feedback from the public. He said they have a lot of experience in the Pacific public realm, but do not have just one style—they look to the community for that. They do a product line, branding and have a broad range of experts. TheyhavesignedaleaseforaPortlandofficeandhavebeenstudyingformerresearchandreportson what Tigard has discussed in the past. They appreciate having baseline data to incorporate into their work. He said, "The City's goals are wonderful and the design drivers are spot-on." Mr. Emerson showed several slides of local amenities in other cities featuring water,learning opportunities, and catalyzing opportunities for businesses and residents to come downtown. Theylikethechallengeofworkingwithsmallbudgets. He said, "This project will reflect your city. We are inspired that this will be accessible to everybody." Taking down the plumbing building is recommended as the space requires significance.Ms. Sullivan said the City included activation and engagement in the RFP and the idea is that they will begin programming the space immediately with temporary art installations and events. She wants to give people a reason to stop by on the way to the dog park. Using furniture and objects will remind people this is a space to go to and check out. Ms. Sullivan said they will collaborate with the community,local businesses, school groups,parks and recreation, etc. to create a hybrid;infusing the space with innovation and excitement. She said thinking outside the box,you can do something temporary to get people excited about the space. Mr. Emerson said they welcome an inclusive process. They do a lot of activities such as "build your own park" and test ideas to learn how to play,gather,places to sit,whether shade is a welcome addition and where performances should occur.The goal is to execute a vision for the future of the site. Council President Goodhouse asked about holding events and concerts there. Mr. Emerson said they plan on working with city staff on movies in the park. Council President Goodhouse suggested having a stakeholder group or committee that can take this input and listen to the communication about it out in the community. Redevelopment Project Manager Farrelly said part of their communication plan is to have a stakeholder group. Mayor Snider recommended involving the Youth Advisory Council. Council President Goodhouse asked them to consider events for seniors. Councilor Anderson asked what they thought about the lot size. Mr. Emerson said the size is generous for a downtown and it should be looked at as an opportunity to incubate more interest in Tigard's downtown. He said the biggest problem is its closeness to the intersection. Councilor Lueb said this is an important project for the city and has such potential for future generations. She is excited to see what the consultants and the community come up with.This will be a space that the community gets to create. TIGARD CITY COUNCIL MEETING MINUTES — February 25, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 7 Councilor Newton mentioned she saw all the consultant presentations and this group impressed her the most. She is interested in experimenting with temporary installations. These will build enthusiasm and we can hear people say if something is great or if it doesn't work. She asked about a light project at night. Mayor Snider asked if this design process is a continuing improvement project. Consultant Emerson agreed,but said this is also a unique approach. Council President Goodhouse asked the consultants to think of the surrounding area as not just Burnham Street near the Main Street intersection,but as the area between Main Street and Hall Boulevard. He suggested installing a live web cam so people can see the programs change and get an idea of what is happening. He advised consulting with the Tualatin Riverkeepers to make sure natural wetlands protections are considered in the plans. Youth Councilor Turley encouraged the involvement of the ecologist to protect the riparian area. She said the project had cool potential. Mayor Snider noted for those from Los Angeles working on this project—it rains here. Councilor Lueb moved for approval of the contract award to RCH Studios for Universal Plaza Activation,Design and Project Management. Council President Goodhouse seconded the motion. Mayor Snider conducted a vote and the motion was approved unanimously. Yes No Councilor Anderson V Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb 7. NON-AGENDA I 1'hMS—None. 8. ADMINISTRATIVE REPORT City Manager Wine reported that council will be hearing about the census as they are out in the community. Front line staff are being trained on details and the timeline,with Library and Planning staff participating in Complete Counts. Census day is April 1. 9. EXECUTIVE SESSION At 8:10 p.m. Mayor Snider announced that the Tigard City Council would be entering into Executive Session. He read the following citation:The Tigard City Council will go into Executive Session to review a Public Official 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. He said the City Council will adjourn from the Red Rock Creek Conference Room at the conclusion of the Executive Session. TIGARD CITY COUNCIL MEETING MINUTES— February 25, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 7 10. ADJOURNMENT At 9:30 p.m. Councilor Lueb moved to adjourn the meeting. Council President Goodhouse seconded the motion and Mayor Snider conducted a vote. The motion passed unanimously. Yes No Councilor Anderson V Mayor Snider V Council President Goodhouse V Councilor Newton V Councilor Lueb V Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —February 25, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 7 1111 City of Tigard Tigard City Council Meeting Minutes TIGARD March 3, 2020 1. BUSINESS MEETING A. At 6:30 p.m. Mayor Snider called the meeting to order. B. Deputy City Recorder Patton called the roll. Present Absent Councilor Lueb Councilor Anderson Mayor Snider Youth Councilor Turley V Council President Goodhouse V Councilor Newton V C. Mayor Snider invited everyone to join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None. 2. PUBLIC COMMENT (Two Minutes or Less, Please) A. Follow-up to Previous Public Comment—None. B. Public Comment—No one signed up. 3. CONSENT AGENDA: (Tigard City Council,Local Contract Review Board) A. CONSIDER APPROVAL OF AN INTERGOVENRMENTAL AGREEMENT WITH METRO FOR URBAN RESERVE CONCEPT PLANNING GRANT AWARD B. CONSIDER APPROVAL OF A LEASE AGREEMENT FOR HUNZIKER PROPERTY WITH SMITH GERIG WESTERN PROPERTIES,LLC Councilor Anderson motioned to approve the consent agenda as presented. Councilor Goodhouse seconded the motion.The motion passed unanimously. Yes No Absent Councilor Lueb Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton TIGARD CITY COUNCIL MEETING MINUTES —March 3, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 8 4. CONSIDER A RESOLUTION AUTHORIZING STAFF TO APPLY FOR THE 2020 COMMUNITY ORIENTED POLICING SERVICES (COPS) HIRING GRANT Chief McAlpine presented this item. Chief McAlpine explained that the U.S. Department of Justice's Community-Oriented Policing Services (COPS) office is accepting grant applications for the 2020 hiring grant closing on March 11.This is the department's first opportunity to apply for this hiring grant,which has a 26-year history but has been closed to new applications the last two years. The City's grant will be for two officers assigned to patrol division to address quality of life calls and respond to emergency calls for service. These officers would work directly with community members to improve service and response times, strengthen relationships and partners within the community as well as increase police visibility. Chief McAlpine clarified that unlike the Police Services Levy, staff are only applying for two additional officers in this grant due to the fiscal constraints of the grant requirements. The grant only funds 75% of the officers' salaries and the City is responsible for the matching 25% for the first three years and 100%in the fourth year. If awarded, the last year of the grant would require approximately$271,000 in matching City funds. Thus, the request for two officers balanced the need for grant funding with the financial impacts of matching funds. Councilor Lueb asked how often the Police Department had applied in the past. Chief McAlpine stated they had not during her time with the City. City Manager Wine believed the City had applied twice in the last six years. Neither time was successful. Councilor Newton stated she appreciated staff putting together this grant application to try to secure additional funding for police services. Councilor Lueb made a motion to approve Resolution 20-09. Council President Goodhouse seconded the motion. The motion passed unanimously. Yes No Absent Councilor Lueb Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton 5. RECEIVE BRIEFING ON SW CORRIDOR TRANSIT-ORIENTED DEVELOPMENT TOD) Economic Development Manager Purdy and Senior Planner Shanks presented this item. Mr. Purdy began by explaining that staff are currently designing a project to encourage Transit- Oriented Development (TOD) around light rail stations that would be consistent with the City's vision. TOD focuses on dense, mixed-use development within walking distance of new light rail stations,which can increase ridership and reduce traffic congestion among other benefits. TIGARD CITY COUNCIL MEETING MINUTES —March 3, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 8 The TOD strategy will inform light rail station planning before these stations are designed and constructed.Therefore, staff are trying to fully develop this strategy in advance of the 60% designs for the SW Corridor light rail project. This would allow the City to achieve economic development goals,increase walkability, and encourage better site design around stations in order to attract private investment sooner. The TOD project will have several key phases,including: Mapping and creating and an urban design framework for each station area Developing TOD code amendments for future adoption Adjusting TriMet's SW Corridor station area layouts and design Developing the partnerships,programs and policies that result in TOD Ensuring adequate TOD capacity for long term development The project is led by a staff team including Kenny Asher,Tom McGuire, Susan Shanks,Lloyd Purdy and project consultants. They will meet with TriMet's TOD team to finalize and confirm a joint work plan. Mayor Snider stated that he felt he was an honorary member of the TOD team due to his participation. Councilor Anderson asked what role TriMet is playing in this process. Mayor Snider said he is pushing TriMet to coordinate with the City from the beginning of the project to achieve TOD. He did not want TriMet to simply hand over remaining remnant parcels after the project is completed. Ms. Shanks stated that City staff sent TriMet a TOD work plan proposal after meeting with them and that their returned comments were workable. She believes they are moving in a good direction in terms of partnering with TriMet. City staff have encouraged TriMet to expand the role their consultants will play regarding remnant parcels. Mayor Snider said that the General Manager of TriMet made a commitment to partner with us on TOD. Council President stated that TOD needs to remain at the forefront of this project and not become an afterthought. He believes the TOD process should be robust and the City should hold TriMet to their word. Mr. Purdy reviewed the map showing six potential light rail stations in Tigard and the opportunities for TOD around them,demonstrated with a half-mile walking radius. 6. CONSIDER A RESOLUTION APPROVING THE PURSUIT OF FUNDING A MULTI- USE PATH OVER HIGHWAY 217 AS PART OF THE SW CORRIDOR PROJECT Economic Development Manager Purdy presented this item. He explained that the MOU with TriMet for the SW Corridor Light Rail Project detailed a collaboration between both agencies to pursue grant funding for a bike and pedestrian crossing over Highway 217. What City staff are seeking is a multi-use path (MUP) between the SW Elmhurst and SW Hall Blvd stations, connecting the two major town centers—the Tigard Triangle and Downtown Tigard—are bifurcated by Highway 217. TIGARD CITY COUNCIL MEETING MINUTES —March 3, 2020 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 8 In order to move forward with planning of the proposed MUP,TriMet is requesting the Citysecurefundingfortheproject. Guaranteed funding would need to be identified before TriMet would include the MUP in the 60% designs. City staff have identified several potential funding sources,including the 2019 Metro Parks and Nature Bond, U.S. Department of Transportation B.U.I.L.D. program, among others. Fundingfromfederal, state and regional funding requires council approval. This resolution begins that process. Mayor Snider said it is critical to get multi-modal transportation on this connection. This would be a missed opportunity not to have bike or walking paths there. Councilor Lueb stated she was glad staff were thinking ahead and taking these steps to ensure greater modes of transportation through Tigard. Council President Goodhouse is glad to get this project going since it was so hard to get included in the MOU. Talking with other committees, Council President Goodhouse stated that the community views this element of the project as a no-brainer. Councilor Newton asked for clarification regarding the roles of the City versus TriMet in leading this project. Mr. Purdy responded that it would depend on the source of grant funding. For instance,it may make sense for TriMet to be the lead on any federal grant opportunity,whereas the City would likely be the lead in applying for a Metro grant. Regardless, the project would be pursued jointly. Mayor Snider pointed out that TriMet is asking the City to show them the money. Mr. Purdy agreed that they are committed to not funding this project without an additional source of funding identified by the City. Councilor Lueb motioned to approve Resolution 20-10. Councilor Newton seconded the motion. It passed unanimously. Yes No Absent Councilor Lueb Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton 7. CONSIDER UPDATING THE TIGARD COMMUNITY DEVELOPMENT CODE TO SUPPORT THE 72ND AVENUE PLAN FINDINGS Senior Project Engineer Enloe presented this item with a PowerPoint presentation about the 72nd Avenue transportation study. The study was launched due to conflicts between different adopted City plans. The Transportation System Plan (TSP) identified the road as a five-lane cross section carrying a significant amount of traffic. The Tigard Triangle planning work,in contrast, envisioned the road as more multi-modal focused,with a three-lane cross section and bicycle amenities. The goal of this project was to merge the two existing concepts into a cross section that would support the community and vision as a whole. Specifically, this project sought to define the TIGARD CITY COUNCIL MEETING MINUTES —March 3, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 8 roadway cross section,look at different intersection conceptual designs, ensure multi-modal transit capability and include amenities like lighting, trees and benches.There was robust community engagement to understand what people wanted for SW 72nd Ave. People said they wanted protected bicycle lanes,more sidewalks, more crossing opportunities and continued on-street parking. There was mixed feedback on whether the public wanted a three- lane or five-lane cross section. The resulting plan has five unique cross sections through the study area (from Highway 99W to Highway 217). In areas that needed more capacity the road was widened,but kept narrower in lower traffic,higher pedestrian areas. Each cross section includes bicycle and pedestrian accommodations and took potential future bus stops into consideration. Engineer Enloe reviewed each cross section identified in the plan: Pacific Highway to Red Rock Creek is the narrowest cross section with sidewalks, a 6- foot bike lane, a planter strip and 11-foot travel lane in each direction. Red Rock Creek to Dartmouth includes a travel lane in each direction with an added 12- foot turn lane, on-street parking lane,landscape area,a cycle track and sidewalks Dartmouth to Beveland has a travel lane in each direction, a 12-foot turn lane, a cycle track, sidewalk and landscape strip,in addition to a parking lane that can be used as a driving lane during peak traffic hours. Beveland to Gonzaga has a travel lane in each direction, a 12-foot turn lane, a cycle track, sidewalk and landscape strip. Gonzaga to Highway 217 has a travel lane in each direction, a 12-foot turn lane, a cycle track, sidewalk. Ms. Enloe reported that the next steps in the project would be to amend the development code so that the City could require developers build the new and improved cross sections instead of the five-lane cross section that's currently in the TSP. Councilor Newton asked amending the TSP. Ms. Shanks informed Council that Dave Roth is currently putting together a project for a TSP update beginning in May/June of this year and continuing through next year. Ms. Shanks emphasized that the need to changes the code is more urgent than the TSP due to recent court rulings. City Attorney Rihala has advised staff that the code should not reference a Comprehensive Plan-like document (like the TSP) and that when conflicts between the code and the Comprehensive Plan occur, courts have said that the code will rule. Council President Goodhouse asked about the number of lanes on the bridge over Highway 217 and if that would create a bottleneck with these wider cross sections in other places. Ms. Enloe did recognize that the bridge is a bottleneck today. She explained that the City wanted to complete the 72nd Ave Study assuming the bridge was not a complicating factor and so it assumed that the bridge would be expanded one day. ODOT has not committed to this,but staff felt designed around the existing bottleneck would be a detriment to the study and their resulting designs. TIGARD CITY COUNCIL MEETING MINUTES —March 3, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 8 Mayor Snider agreed that the bridge will have to be addressed at some point. Council President Goodhouse agreed that it is best to design for what we want to see and be forward thinking. Council Anderson stated that he approved that staff proceed with code amendments. Ms. Shanks explained changes would go through the usual legislative process for a code amendment, which in this case would be to the Tigard Triangle Plan chapter. Mayor Snider stated he was in support. Councilor Lueb said she was excited about the project and to see this area opening up to different modes of transportation. 8. CONSIDER A RESOLUTION AUTHORIZING THE SALE OF GENERAL OBLIGATION REFUNDING BONDS Finance and Information Services Director LaFrance presented this item with a PowerPoint presentation. He explained that the City currently has two General Obligation (GO) bonds, for the library and parks.A GO Bond uses the City's general taxing authority to repay the debt under their existing taxes, or with an additional tax,with voter approval. In both cases,Tigard residents voters approved a ballot measure to contribute additional taxes for a defined purpose, a public library and additional parklands. Mr.LaFrance explained that as with a mortgage,paying off a 30-year mortgage in 15 years' time saves you money paid in interest to whomever holds the loan. What staff are proposing is to pay off the debt sooner in order to pay less in interest, thereby lowering the total amount paid on the bonds.This savings would directly benefit the Tigard taxpayers,who will end up saving about 1.4 million in interest payments by restructuring the debt. The typical home would save$82 in total over the life of the debt the City currently holds. This restructuring would also secure future property tax dollars for facility needs and not service on the outstanding debt. Mr. LaFrance explained two charts showing the debt versus debt payments over the next 11 fiscal years under the proposed scenario and the status quo. He explained that the typical home will pay a little more each year between now and FY2026, totaling approximately$182 in additional debt payments in the short term. In the long term, however, the taxpayer would not have to pay debt service from FY 2026 through FY 2031 and would end up paying less overall. By restructuring, the City will save approximately$1.4 million. Councilor Newton asked about the additional funds citizens would be paying on the debt service by restructuring and what additional amount that would be annually. Mr. LaFrance answered that residents wouldn't be paying much more at first, a few dollars, and that the bulk of the increase happens in the later years of the debt payments. Councilor Lueb asked if the $182 was based off what a resident would be paying toward the parks bond (in fiscal years 2027 through 2031) compared to what they would be paying if the debt was restructured. Mr. LaFrance stated that between fiscal years 2027 and 2031 the property owner is still paying about$80 a year in property taxes toward the debt, because the City will still be paying on the parks bond. If the City does restructure the debt, there will be no debt payments from property taxes during this time.This more than offsets the additional payments the property owner is making in the first six years (fiscal years 2021 through 2026). TIGARD CITY COUNCIL MEETING MINUTES —March 3, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 8 Councilor Anderson asked if the new bond rate would be better than the existing rate since interest rates are decreasing. Mr. LaFrance said he was careful not to state as a benefit since they cannot guarantee that will be the case. It is possible,but he cannot promise a lower rate. Councilor Newton asked if they just restructured the library bond over a longer time period. Mr. LaFrance said it was not something he had looked into,but he would need to speak with bond counsel. There was discussion regarding what actions would require voter approval. Mayor Snider clarified that under the proposed restructuring, the Council would not need to get voter approval. Council President Goodhouse made a motion to approve Resolution 20-11. Councilor Anderson seconded the motion. The motion passed unanimously. Yes No Absent Councilor Lueb Councilor Anderson V Mayor Snider Council President Goodhouse Councilor Newton 7. NON-AGENDA ITEMS—None. 8.ADMINISTRATIVE REPORT City Manager Wine reported on steps the City is taking to protect the public and staff in its public facilities and spaces. Although there is a small number of local cases, staff are monitoring ongoing developments through the Oregon Health Authority and acting in coordination with other local jurisdictions. Staff have increased cleaning countertops and surfaces in places where the public is circulating.The City has emergency plans in place,but are not expecting any service impacts at this point. If required, the emergency plans allow the City to make changes in services as is appropriate. 9. EXECUTIVE SESSION:At 7:33 p.m. Mayor Snider announced that the Tigard City Council would go into Executive Session to review a Public Official 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 maybe held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10.ADJOURNMENT At 8:50 p.m., Councilor Lueb made a motion to adjourn the meeting. Councilor Newton seconded the motion.The motion passed unanimously. Yes No Absent Councilor Lueb Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton TIGARD CITY COUNCIL MEETING MINUTES —March 3, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 8 Caroline Patton,Deputy City Recorder Attest: Jason B. Snider, Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —March 3, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 8 City of Tigard Tigard City Council Meeting Minutes TIGARD March 17, 2020 1. WORKSHOP MEETING A. At 6:35 p.m. Mayor Snider called the Tigard City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Newton Councilor Lueb,by phone Councilor Anderson V Mayor Snider Youth Councilor Turley Council President Goodhouse C. Pledge of Allegiance -Mayor Snider asked everyone to stand and join him in the pledge of allegiance. Mayor Snider announced that the setup for the meeting may look different than usual because two city councilors will be joining the meeting by phone and the councilors present are setting an example for citizens by sitting a safe distance from each other. D. Call to Council and Staff for Non-Agenda Items—City Manager Wine said there were four Non-Agenda items to bring forward after the regular agenda. 2. CONSENT AGENDA A. PROCLAIM APRIL AS ARBOR MONTH B. PROCLAIM APRIL AS PLAY BALL MONTH C. PROCLAIM APRIL 13-17 AS COMMUNITY DEVELOPMENT WEEK D. CONSIDER RESOLUTION APPOINTING LEAH VOIT AS VOTING BUDGET COMMITTEE MEMBER E. CONSIDER A RESOLUTION GRANTING EXEMPTION FROM PROPERTY TAXES UNDER TMC 3.50 FOR NON-PROFIT LOW INCOME HOUSING PROPERTIES Councilor Anderson made a motion to approve the Consent Agenda as presented. Councilor Newton seconded and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES —March 17, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 10 Yes No Councilor Newton V Councilor Lueb by phone V Councilor Anderson V Mayor Snider V Council President Goodhouse by phone V 3. CONSIDER A RESOLUTION DECLARING AN EMERGENCY RELATED TO COVID-19 City Attorney Rihala introduced this item, a resolution that ratifies the decision Mayor Snider made yesterday at 8:17 .to declare an emergency due to COVID-19. Section 4 of the resolution declares an emergency and authorizes City officials to take the following measures: The City and its officials are authorized to take such actions and issue such orders as described in Tigard Municipal Code 7.74 as are determined necessary to protect lives and property, and to efficiently conduct activities that minimize or mitigate the effect of the emergency. The emergency procurement of goods and services is authorized pursuant to the Oregon Public Contracting Code,Tigard Municipal Code 2.46, and the City of Tigard Local Contract Review Board Public Contracting Rules. The City of Tigard will temporarily waive all late fees and shutoff actions for utility accounts accruing as of the Mayor's declaration of emergency and continuing until the expiration of the emergency. To protect the health of City employees, the City may issue emergency rules or guidance on the use of sick leave, telework,remote work, or other policies that will be in effect only for the duration of the emergency. The declaration of emergency will remain in effect until 12 p.m. on April 30,2020. Extension requires another Council action. Mayor Snider asked for the process if the COVID-19 emergency ended earlier. City Attorney Rihala said an earlier ending would require a repeal of this resolution. Councilor Newton asked if contract approval going to the City Manager was so the City Council does not have to meet to approve each contract. City Attorney Rihala said staff is expecting several contracts due to the beginning of the construction season and we don't want to have to call a Council meeting each time just to approve them. Councilor Newton made a motion to approve Resolution No. 20-14. Councilor Anderson seconded the motion. Mayor Snider asked City Recorder Krager to read the number and title of the resolution. TIGARD CITY COUNCIL MEETING MINUTES — March 17, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 10 Resolution No. 20-14 -A RESOLUTION OF THE CITY OF TIGARD DECLARING AN EMERGENCY RELATED TO COVID-19 Yes No Councilor Newton Councilor Lueb by phone Councilor Anderson Mayor Snider Council President Goodhouse by phone Mayor Snider conducted a vote and announced the motion passed unanimously. 3. RECEIVE PRESENTATION FROM PORTLAND GENERAL ELECTRIC ABOUT RESILIANCY EFFORTS The presentation with PGE President and CEO Maria Pope will be rescheduled. 1. RECEIVE PRESENTATION FROM TRIME e• _ .. e • •_ e e • •. _ /•M_ DESIGN REPORT The presentation from TriMet will be rescheduled. 4. RECEIVE CAPITAL IMPROVEMENT PLAN UPDA I'F. City Engineer Faha presented this item with a slide show. She commented on the unusual environment due to the pandemic and noted a few things. She spoke with her project managers this week and reminded them that the City has a crucial responsibility to continue to implement the CIP. Engineering is not only putting things in place for quality of life,but contracts support the contractors and construction community. She said staff is doing all they can to deliver projects and are looking at different ways to do their work. She thanked Council for the trust given by allowing the city manager to approve contracts and said they will make sure they manage resources in a responsible way. City Engineer Faha discussed the status of CIP projects. Parks Projects: The Tigard Street Heritage Trail restroom is installed. Still to be added are the Rotary clock and some artwork. Mayor Snider said the celebration of the trail is hard to schedule as there have been multiple impacts on the project. The parking lot at Potso Dog Park will be paved. There will be paving on the Fanno Creek trail where it floods near Scholls Ferry Road. Universal Plaza work is planned for spring. The Fanno Creek Trail alignment study (the section from Bonita Road to the Tualatin River) is complicated and the City is diligently working on alternatives. Streets Projects: The lower part of Durham Road will be paved this summer. Slurry sealing will occur in Summerfield. Notices will go out to the neighborhoods. Mayor Snider asked about the Upper Boones Ferry/Durham Adaptive Signal project. City Engineer Faha said curb cuts were required and that triggered archeological review because of TIGARD CITY COUNCIL MEETING MINUTES—March 17, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 10 the federal funding involved. She did not have an estimated completion date. An open house was held regarding the 1215E Avenue project and 30 people attended. Most comments were positive; and neighbors are excited about road widening for sidewalks and bike lanes. City Engineer Faha noted that the 72' Avenue code recommendations are underway. The consultant for the North Dakota bridge replacement has been selected. The City will endeavor to work with ODOT on coordinating road closures since the widening of Highway 217 will close Hall Boulevard for 7-8 months and the North Dakota bridge replacement and later the Tigard Street bridge replacement will also create disruption. Ideally, these projects would not happen at the same time. The Wall Street/Tech Center Drive project is almost ready to go out for bid. It includes a signal on 72nd Avenue. The Transportation Plan Update RFP is being prepared and will be issued shortly. Main Street Phase II design process is in progress. It is looking like costs may be higher so this may be a discussion at budget time. The Highway 99W lighting project has been defederalized so while it is more work for the City if it does not go through ODOT, more will be accomplished for the money. Water Projects: An RFP is being prepared for an Owner's Representative for the Cach Reservoir and PumpStationproject, a large ($25 million) project that will provide necessary fire flow for River Terrace. Staff may be looking at a progressive design build process for this project. Councilor Newton asked if it would cover existing and future River Terrace and Engineer Faha said it is for the existing River Terrace area only. Further growth may potentially create a need for another reservoir. A project on Fonner and 121"Avenue is also being built to get water to River Terrace. Other projects include rehabilitating and getting the Aquifer Storage and Recovery Wells 2 and 3 up and running. They are the backup source in case of drought or restrictions on Clackamas River water. The design for the Greenfield replacement pipe is complete, out for bid, and they are looking to open the street open as soon as possible. Sanitary Sewer Projects: The East Fork of Derry Dell Creek project is stream restoration but listed under sanitary sewer because there is a sewer pipe in the creek that needs to be moved. The downtown sewer line will be lined because it is thinning due to frequent cleaning out of fat, oil and grease build-up. The siphon repair project on Fanno Creek has been held up due to difficulty obtaining easements but is very close to being built. Staff are holding off on updating the Sanitary Sewer Master Plan until implementation of the asset management system. The current system does not have reporting capabilities to produce analytics on which pipes are what age and in which parts of the city. The new system will enable staff to put together a more programmatic way to attack aging infrastructure. Stormwater Projects: Because Council approved an increase in the Stormwater rate which will go into effect in July, staff was able to add more projects. City Engineer Faha highlighted a project on 124th Avenue and Ann Court,where a culvert replacement led to replacement of one traditional sidewalk and a new porous sidewalk on the other side. She said the porous sidewalk lets the rainwater infiltrate and lessens the need for stormwater facilities. Mayor Snider commented that these are projects that have been on a waiting list. TIGARD CITY COUNCIL MEETING MINUTES—March 17, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 10 Other: Internal meetings are being held regarding implementing the Americans with Disabilities Act Transition Plan. Council gave staff direction on February 18 to look for site options for a Public Works building and yard. City Engineer Faha said they are keeping to an aggressive schedule to discover these site options. City Engineer Faha showed slides of the Fanno Creek Trail segments. ODOT is leading the project and construction costs have increased significantly since it became a transportation project requiring a 12-foot wide trail. The project will be bid in December but there is a$1.8 million funding gap. Value engineering has transpired but costs have also gone up over the same time. The City had a parallel project for the trail amenities which could save $600,000. Not building the last segment (sewer treatment plant to the Tualatin River)would save $8- 900,000 but Metro would have to approve a change in scope and rerun an air quality analysis which takes six months, and this delay endangers the federal grant money. Mayor Snider asked how much of the new cost is due to federal government regulations and asked whether a 12- foot path is really needed. Engineer Faha replied there is a balance to building a transportation facility in a natural area. Currently, the 8-foot segments feel narrow so 12-feet is not a bad number, but since we didn't start out with a 12-foot trail the grant wasn't written for that size. Council President Goodhouse asked if the money was coming directly to the City to use and there hadn't been the delay would it have been done the way we wanted. City Engineer Faha said yes, and it could have been built two years ago. Council President Goodhouse said he is on an NLC Transportation Committee and this is an example he can use of something costing more money due to federal red tape. City Engineer Faha said this project is important regionally and the City wants to go ahead and build these trail connections in Tigard. Finance Director LaFrance has looked at the Transportation fund balances and Parks System SDCs and there may be enough to fund this overage without affecting the CIP. She said if we do the amenities now,we can fund design and implementation for some, but not all. She proposed keeping it in the budget until we know how the regional transportation measure does in November. Mayor Snider said he has heard that the trail under Scholls Ferry Road was dry this year. Engineer Faha said Clean Water Services has been keeping an eye on beaver management. There is a crosswalk signal that has a red light for cars so walkers and bikers can cross the road more safely. They were going to have a public meeting in the next few weeks,but it has been delayed due to the pandemic. 5. RECEIVE QUARTERLY BRIEFING ON CITY COUNCIL GOALS City Manager Wine gave the staff report and a slide presentation.The presentation is in the packet for this meeting. She noted that she benefitted by her agenda item following the previous report on the CIP which reported on project progress. TIGARD CITY COUNCIL MEETING MINUTES—March 17, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 10 These briefings will continue to evolve, and she will be folding in departmental work plans, which are now in progress. The Performance Audit in 2019 recommended that the Council Goals, citywide Strategic Plan and departmental work plans should align. City Management staff are working on a structure and format that works for the departments as this type of reportingisnewtothem. Reporting on Council Goals will be included in future quarterly reports about departmental work planning as recommended by the Performance Audit. This will consolidate the Strategic Plan,work planning,major projects and initiatives, Performance Audit recommendations and Council Goals. An example of a departmental work plan is included with the agenda item summary. She noted that a refresh of the Strategic Plan has been in progress over the past year,looking at what we have achieved and considering how the vision and goals need to change for the next five years. It involved asking, "What about that vision worked for us and what did we accomplish? What do the next five years look like?" The 2014 Strategic Plan had a very ambitious vision and four goals. The 2014 vision: The most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives. City Manager Wine said the next steps in the refresh project are to create buy-in at the community and employee level. There will be new strategic priorities,goals and tangible accomplishments and measures so when we look back five years from now,we can see what we said we would do and what was accomplished. She previewed the refreshed Strategic Plan updated vision. There is a slight shift from healthy and interconnected and walkable, to equitable,walkable,healthy and accessible. Tigard:an equitable community that is walkable, healthy, and accessible for everyone. Councilor Newton said she felt Tigard made headway and stood out from other communities with the 2014 vision and misses the word,interconnected. Mayor Snider asked if its removal was deliberate. City Manager Wine responded that interconnected has a lot of different meanings for people. It will be included in a goal. We wanted to go beyond it with the concept of inclusion. She said the team will be seeking community feedback this summer and Council will also have input. The Leadership Team and Guidance Team had held extensive discussions and know that the Strategic Plan refresh is a process to figure out our direction and change for the future. A slide with list of vision concepts was shown and Mayor Snider asked what"healthy systems" meant. City Manager Wine said there were some employees who do not see how their work relates to the vision. Healthy systems relate to infrastructure such as for sanitary sewer services and providing clean water. Mayor Snider suggested it meant resilient and effective systems. City Manager Wine said the word "walkable"is one some employees identify strongly with,but some do not. TIGARD CITY COUNCIL MEETING MINUTES—March 17, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 10 City Manager Wine showed slides of each Council Goal, showing progress made in the last quarter and a list of accomplishments with a Look Ahead to the next quarter.The PowerPoint is in the packet for this meeting. Goal 1—This quarter was all about the local option levy. A lot was done to get this referred and it will go before the voters in May. The PAFR (Popular Annual Financial Report) was published. We are doing some facilities planning and will be applying for the COPS grant. Next quarter will depend a lot on the vote. We are looking at utility rates. Goal 2—This is where all the major projects in the City's centers are, such as downtown and the Triangle, SW Corridor and Washington Square. Much of this goal's work was discussed in the previous CIP update agenda item. The Transportation System Plan update will be launched. Upcoming projects are the City Center Futures Report which is about detailing our downtown and transit-oriented development (TOD) vision, an update on the urban renewal plan and the Washington Square Regional Plan. Goal 3—This goal is about the potential expansion of the City to the West. Council approved an IGA for the concept planning process and that will be underway very soon. Future work includes an RFP for a consultant and team to do the work,market analysis and putting together an Advisory Committee. Council has already received briefings on the construction excise tax and applying to be CDBG Joint Entitlement city. Goal 4—This goal is about communication, outreach and engagement and building relationships and partnerships. Council discussed their aims for having listening sessions for annexations. We have a staff-level Diversity, Equity and Inclusion (DEI) advisory team that will be scheduling a conversation with Council on a recap of the recent DEI Summit. Councilor Newton asked about the Library Strategic Plan and said it is done every five years. City Manager Wine said the library will be doing a lot of work on their Strategic Plan and rethinking their spaces,putting in internet. She added that much what they are doing aligns with the Council's goal of inclusivity. Goal 5—This goal relates to the ADA Transition Plan and the update of the Transportation System Plan. The Transportation System Safety Plan was achieved last quarter. We have applied for a series of grants to support the Safe Routes to School program and for signage on Fanno Creek Trail.These will get underway next quarter. Councilor Newton commented that when looking at the DEI workplan it sounds like it will align with Council Goals. She asked if that would be identified and said the key thing is that everyone has access to services. No one should feel like they cannot access City services because of a disability or language barrier. City Manager Wine said the goal of the workplans is to align with Council Goals. The Council Goals signals to staff what they want to achieve. She said the second page of the work plan shows the alignment category and lists the way it intersects with Council Goals and the Strategic Plan. Council said these were very helpful. TIGARD CITY COUNCIL MEETING MINUTES—March 17, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 10 6. NON AGENDA ITEMS City Attorney Rihala introduced an item for discussion, a resolution encouraging Governor Brown and the Oregon legislature to enact a statewide temporary moratorium on evictions. She noted that Multnomah County and the City of Portland have done so, and Community Development Department staff expressed interest in a similar action. City Attorney Rihala said they consulted with Portland's counsel and it is debatable whether cities are prevented from taking this action. The Chief Justice of the Oregon Supreme Court is prioritizing which cases they will hear but the effect is to stall the eviction cases. She asked the Council if they wished to encourage the Governor and legislature to enact this moratorium. Mayor Snider added that even under normal times evictions do not happen that fast. Councilor Newton asked if cities are the appropriate body. Portland Mayor Wheeler spoke about the impact on landlords. If tenants cannot pay rent, owners cannot pay their loans and may lose their buildings. She asked if there was a coordinated way to do this. Council President Goodhouse asked if there were business protections for landlords and City Attorney Rihala said she was unaware of any discussion about protection for landlords. In response to a question from Councilor Anderson, City Attorney Rihala said Multnomah County and City of Portland require evidence of hardship. Councilor Lueb said more and more people are being laid off and it is important to get a statewide policy to manage this. She said she was supportive of encouraging them to find a solution. Councilor Newton noted that Youth Councilor Turley offered her support by email for the non-eviction resolution. Councilor Anderson made a motion to approve Resolution 20-15. Councilor Newton seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Resolution No. 20-15—A RESOLUTION CALLING ON OREGON GOVERNOR KATE BROWN AND THE OREGON LEGISLATIVE ASSEMBLY TO ENACT A TEMPORARY MORATORIUM ON EVICTIONS STATEWIDE Yes No Councilor Newton Councilor Lueb by phone Councilor Anderson Mayor Snider V Council President Goodhouse by phone Mayor Snider asked City Manager Wine to make sure this is communicated this to the public, state elected officials and the press tomorrow,including social media. B. Mayor Snider introduced this Non-Agenda Item. He suggested that Council support the Washington County Public Safety Levy,Measure 34-296. He noted that elected officials on TIGARD CITY COUNCIL MEETING MINUTES —March 17, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 10 the Council can act,but City staff cannot take an official position. Council President Goodhouse made a motion to approve Resolution 20-16. Councilor Newton seconded the motion. City Recorder Krager read the number and title of the resolution. Mayor Cook conducted a vote and the motion passed unanimously. Resolution 20-16 -A RESOLUTION SUPPORTING THE WASHINGTON COUNTY PUBLIC SAFETY LEVY,BALLOT MEASURE 34-296 Yes No Councilor Newton Councilor Lueb by phone V Councilor Anderson Mayor Snider V Council President Goodhouse by phone C. Mayor Snider introduced this Non-Agenda item suggesting that the Council support the Washington County Cooperative Library Services Local Option Levy,Measure 34-297. Councilor Newton moved to approve Resolution 20-17. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution and Mayor Snider conducted a vote. The motion passed unanimously. Resolution 20-17 -A RESOLUTION SUPPORTING THE RENEWAL OF THE WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES (WCCLS) LOCAL OPTION LEVY,BALLOT MEASURE 34-297 Yes No Councilor Newton V Councilor Lueb by phone V Councilor Anderson Mayor Snider Council President Goodhouse by phone D. City Manager Wine led a discussion on the frequency and format of meetings for the next month. There is a lot of uncertainty including orders not to have gatherings of ten people or more. Staff looked at the tentative agenda for the next few months and have been able to reschedule some agenda items. The March 24 Council meeting is cancelled. The Art Rutkin Elementary School public hearing will be posted for continuance to April 21. City Manager Wine said there is an executive session scheduled for April 7,but it could be held by phone. Council said they preferred holding the executive session in Town Hall keeping safe distance between attendees. Councilor Anderson said this is wise and other Council members concurred. Councilor Newton commented it would be interesting to hear the public hearing options. City TIGARD CITY COUNCIL MEETING MINUTES —March 17, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 10 Attorney Rihala said the legal consensus is that it is easier to cancel then hold a meeting telephonically.There must be a means to allow someone to participate by phone and provide that phone or computer, thus creating a point of gathering. Down the road,we may need to have written only testimony. Mayors have asked for deadline relief,but the legislature has yet to act on those requests. 7. ADMINISTRATIVE REPORT None 8. ADJOURNMENT At 8:24 p.m. Councilor Anderson made a motion for adjournment. Councilor Newton seconded. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Councilor Newton Councilor Lueb by phone Councilor Anderson Mayor Snider Council President Goodhouse by phone Carol A. Krager, City Recorder Attest: Jason B. Snider, Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES — March 17, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 10 AIS-4287 4. B. Business Meeting Meeting Date: 05/12/2020 Length (in minutes): Consent Item Agenda Title: Consider Resolution Acknowledging and Commending Sarah Gentry for her Service as Tigard High School Student Envoy to the City of Tigard Prepared For: Carol Krager, Central Services Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Consent Resolution Agenda Public Hearing: No Publication Date: Information ISSUE Shall Council approve a resolution commending Sarah Gentry for her service as Tigard High School Student Envoy to the City of Tigard? STAFF RECOMMENDATION / ACTION REQUEST Motion to approve the resolution. KEY FACTS AND INFORMATION SUMMARY For the 2019-20 school year Sarah Gentry has served as Tigard High School Student Envoy and gave reports to the Tigard City Council. These reports kept Council informed of student activities and events at Tigard High. Council appreciated this connection to the youth of Tigard and hearing updates on various academic, sport, club, events and compassionate efforts made at fundraising and offering support in other ways. At the end of the school year, Council traditionally presents the student envoy with a resolution recognizing and thanking them for their service. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 20- A RESOLUTION ACKNOWLEDGING AND COMMENDING SARAH GENTRY FOR HER SERVICE AS TIGARD HIGH SCHOOL STUDENT ENVOY TO THE CITY OF TIGARD WHEREAS, the Tigard City Council desires to connect with students in schools to improve communications and relationships;and WHEREAS,City of Tigard elected officials appreciated the monthly updates from Student Envoy Sarah Gentry;and WHEREAS, activities coordinated by Sarah Gentry and her fellow student leaders benefitted students and the Tigard community. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City of Tigard Council and staff members hereby convey their gratitude to Sarah Gentry for her exemplary service as Tigard High School Envoy. SECTION 2: The City of Tigard Council and staff members hereby extend congratulations and best wishes for future health and success to Sarah Gentry. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2020. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.20- Page 1 AIS-4271 5. Business Meeting Meeting Date: 05/12/2020 Length (in minutes): 10 Minutes Agenda Title: Consider Approval of the Third Amendment to the Development and Disposition Agreement with AVA Tigard Development, LLC Submitted By: Sean Farrelly, Community Development Item Type: Motion Requested Meeting Type: Town Center Development Agency Public Hearing: No Publication Date: Information ISSUE Consider Approval of the Third Amendment to the Development and Disposition Agreement (DDA) with AVA Tigard Development, LLC STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the amendment to the Development and Disposition Agreement with AVA Tigard Development, LLC, adding a six month extension to the closing date deadline. KEY FACTS AND INFORMATION SUMMARY The Town Center Development Agency (ICDA) and AVA Tigard Development, LLC AVA) entered into a Development and Disposition Agreement (DDA) for AVA to purchase TCDA-owned property on Main Street and construct a 4-story mixed-use building, with ground floor commercial, office suites and 22 apartments. On February 11, 2020, the TCDA and AVA amended the DDA to extend the closing date to May 12, 2020. The following is the status of the DDA milestones that were open when the second amendment was approved: BOLI determination: AVA requested this determination on September 26, 2019. On February 27, 2020, the Oregon Bureau of Labor and Industry (BOLI) sent a letter determining the project is not subject to prevailing wage rate laws. Approval of permits: AVA submitted application with required drawings for building permits on February 4, 2020. The current COVID-19 crisis has delayed the review process somewhat, but the permits are expected to be approved in the next 3 to 4 weeks. Completion of final financing plan: The DDA requires binding commitment letters from lenders for the construction financing for the Project, written evidence of necessary equity commitments, and such other documentation or assurances as may be reasonably required by TCDA. AVA has reported that the financial institutions and investors they had been working with are pausing on the financing of new projects for at least three months, due to the COVID-19 crisis. COVID-19 has created uncertainly in the financing of new commercial development, making AVA's completion of the final financing plan difficult. AVA requested a six-month extension to finalize their financing. The extension would set the new deadline to close on the property at November 12, 2020. This would be the third amendment to the DDA. The third amendment adds a new requirement for an updated interim finance plan due three months from the effective date of the amendment (August 12, 2020). This plan would demonstrate that it is feasible for AVA to finance construction of the project, including but not limited to equity contributions, funds from lenders evidenced by copies of nonbinding term sheets, similar documentation regarding other financing, and a pro forma financial statement, including estimated return on investment. OTHER ALTERNATIVES The Board could choose to not approve this amendment as written. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Tigard City Council Goals 2019-2021 Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality Strategy 2.2: Continue to make Downtown Tigard a place people want to be by making substantial progress on projects that attract new residential and business investment. Redevelopment of the Main St. at Fanno Creek property City Center Urban Renewal Plan Goal # 5: Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space investments. Tigard Strategic Plan Goal 2: Ensure development advances the vision Tigard Comprehensive Plan Economic Development Goal 9.1. Develop and maintain a strong, diversified, and sustainable local economy Goal 9.3. Make Tigard a prosperous and desirable place to live and do business Housing Goal 10.1. Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Special Planning Areas- Downtown Goal 15.2. Facilitate the development of an urban village DATES OF PREVIOUS COUNCIL CONSIDERATION 2/11/2020: Consider the second amendment to the Development and Disposition Agreement 2/4/2020:Executive Session 11/12/2019: Consider a second 90-Day extension under the Development and Disposition Agreement with AVA Tigard Development, LLC 9/3/20 19:TCDA Review of Main Street at Fanno Creek Plans 5/8/2018:Consider Resolution to Approve the Development and Disposition Agreement Attachments Third Amendment to DDA THIRD AMENDMENT TO DEVELOPMENT AND DISPOSITION AGREEMENT THIS THIRD AMENDMENT TO DEVELOPMENT AND DISPOSITION AGREEMENT (this "Third Amendment") is entered into by and between TOWN CENTER DEVELOPMENT AGENCY ("TCDA"), and AVA TIGARD DEVELOPMENT, LLC, an Oregon limited liability company ("Developer") as of May 12, 2020. RECITALS: A. TCDA and Developer entered into that certain Development and Disposition Agreement as of August 16,2018 (the "DDA"), for the real property located at 12533 — 12537 SW Main Street, Tigard, Oregon, and more particularly described in the DDA (the "Property"). The DDA was amended by that certain First Amendment to Development and Disposition Agreement dated as of September 3, 2019 (the "First Amendment"). The DDA was amended by that certain Second Amendment to Development and Disposition Agreement February 11, 2020 (the "Second Amendment"). The DDA, the First Amendment and the Second Amendment are sometimes collectively referred to as the DDA in this Third Amendment. B. Although Developer had not completed certain tasks specified in the DDA the First Amendment, the Closing described in Section 3.3 of the DDA was extended to May 12, 2020 by the Second Amendment. As a result of the COVID-19 virus and its effects on all of society, Developer has requested an additional six (6) months in order to continue to complete certain pre-Closing conditions described in Section 3.6 of the DDA. C. TCDA is willing to grant the extension for an additional six (6) months provided that Developer has completed certain tasks provided for in this Third Amendment. AMENDMENT: 1.Pursuant to Section 3.3 of the DDA,the Closing date is hereby extended to November 12, 2020. 2.Developer has submitted building permit applications to the City of Tigard and a decision is pending. 3.All conditions precedent to Closing not previously expressly acknowledged in writing as satisfied or waived continue in effect, including but not limited to demonstration of financial feasibility for the Project pursuant to DDA Section 3.6.3(c)(i). 4.Within three (3) months of the effective date of the Third Amendment, Developer will submit to TCDA an updated interim financing plan demonstrating that it is feasible for Developer to finance construction of the Project, including but not limited to equity contributions, funds from lenders evidenced by copies of nonbinding term sheets, similar documentation regarding other financing, and a pro forma financial statement, including estimated return on investment. Notwithstanding the forgoing, the requirement for one or more non-binding term sheets from lenders may be delayed further due to decisions by all lenders to delay lending until after COVID-19 restrictions are lifted and the economy has stabilized. 5.Except as expressly provided in this Third Amendment, the terms and conditions of the DDA remain in full force and effect. The parties acknowledge that TCDA may refuse to grant any further extensions in its sole and complete discretion. BN 40285675v3 IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the day and year set forth above. TOWN CENTER DEVELOPMENT AGENCY, AVA TIGARD DEVELOPMENT,LLC, an agency of the City of Tigard an Oregon limited liability company By: By: Martha L. Wine, TCDA Executive Director Amireh Saberiyan,Manager and Member BN 40285675v3 ams I,Cl) 2 U) z z G) Cl) w- H C C o 0 1 I 1 -' ` t rTi II 1 I " I `t1.I r Illt)II' ,,ltmsa$Amb.Attii iaitta'N 1 jNtttttttttt{tt{tttf'ttt w iiia intiI11! s i k i 1 El almowI. 1111 1.- - II , L I i ' U 111\ 1111. 4 I. 1 an... ril 1//////r, aft- , Ii I I1 1 1 fIii; I II I II 111111111111Immumii imimienS ilin 1 lli -:-i I1 liiI I t /!I Ia11111M!111111 Ili I I Iii 1 1 i 11111 I I iii I SRI mat&; 11::_ l a al e: a 1 moi I I 1 I II I ii1II 1 1 1 1 v, C m z 0D m T m m 5. _+ —I z nr 0 ? In mm T 0 73 AIS-4268 6. Business Meeting Meeting Date: 05/12/2020 Length (in minutes): 25 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 Resolution Business Meeting - 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, 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. The record was requested to be held open in order to provide adequate time for the parties to submit evidence and testimony--staff requested the record be left open for an additional 7 days to receive any new evidence or testimony and an additional 7 days for rebuttal. Additionally, the applicant submitted final written argument. Tonight, Council deliberates and reaches a tentative decision on the appeal. If additional findings need to be incorporated into Council's decision, Council will direct staff to prepare findings for adoption at the May 19, 2020 Council meeting. 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 Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 20- A RESOLUTION AND FINAL ORDER APPROVING THE ART RUTKIN ELEMENTARY SCHOOL, ADOPTING FINDINGS IN SUPPORT OF COUNCIL'S DETERMINATION, AND DENYING THE APPEAL OF THE HEARINGS OFFICER'S FINAL ORDER NO. CUP2019-00001/SLR2019- 00003/ADJ2019-00008-00009. WHEREAS, the Hearings Officer initially reviewed this case at a public hearing January 6, 2020 and kept the record open for additional testimony by all parties;and WHEREAS, the Hearings Officer issued a Final Order No. CUP2019-00001/ SLR2019-00003/ADJ2019- 00008-00009 approving the application;and WHEREAS, staff mailed notice of Final Order CUP2019-00001/ SLR2019-00003/ADJ2019-00008-00009 to interested parties on February 6,2020;and WHEREAS, the Appellants, Kevin and Gillian Dressel, having standing to appeal and timely filed a Notice of Appeal on February 20,2020;and WHEREAS, City Council held a public hearing on the appeal on March 24, 2020 by written comments only; took additional written testimony until April 28,2020;allowed until May 5,2020 for rebuttal; and received final written argument from the applicant,due May 12,2020. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council denies the appeal by Kevin and Gillian Dressel of CUP2019-00001/ SLR2019-00003/ADJ2019-00008-00009. SECTION 2: The City Council adopts the Hearings Officer's Final Order, including all interpretations, findings,and conditions contained therein. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2020. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.20- Page 1 SUPPLEMENTAL PACKET FOR M.rkt, (Z( Z02,() 11AEETING DATE) MILLER U.S.Bancorp Tower AGENDA ITEM NO. (0j 111 S.W.Fifth Avenue, Suite 3400 HASH GRAHAM Portland,Oregon 97204 DU N N—OFFIO.503.224.5858 ATTORNEYS AT LAW Pax 503.224.0155 Kelly S.Hossaini,P.C. kelly.hossaini@millernash.com 503.205.2332 direct line May 7, 2020 VIA E-MAIL MONICAB @ TIGARD-OR.GOV Mayor Jason Snider and Tigard City Council City of Tigard 13125 S.W. Hall Boulevard Tigard, Oregon 97233 Subject:Art Rutkin Elementary School CUP—Final Argument on Appeal CUP2019-00001,ADJ2019-00008-9, SLR2019-00001 Dear Mayor Snider and Councilors: The purpose of this letter is to provide final argument, on behalf of Tigard- Tualatin School District, in the appeal of the above-referenced land use applications. The Dressels appealed the hearings officer's decision approving the District's land use applications. The hearings officer's decision addressed the Dressels' requests that the City require the District to dedicate more public utility easements and build more public infrastructure than the Tigard Development Code ("TDC" or the "Code") requires. The hearings officer declined to do so and wrote appropriate findings to support that decision. On appeal,the Dressels continue to argue that the City should require the District to dedicate more public utility easements and build more sanitary sewer infrastructure than what is necessary to serve the proposed elementary school or that is required by the Code. The purpose of the request for these requirements is to ensure that sanitary sewer will be available to serve the east half of the Dressel property before Lot 2 of the District property develops. There is nothing, however, in the Code that requires one property owner to develop its property within a certain time frame in order to ensure that one or more neighboring properties have all of the public infrastructure that they need to develop on their desired time lines. This timing issue is a common situation in greenfield development. Often property owners simply have to wait until Portland, OR Seattle,WA Vancouver WA Long Beach,CA M I LL E RN AS H.COM 4826-3138-2459.3 Mayor Jason Snider and Tigard City Council May 7, 2020 Page 2 other properties develop until they can develop their own properties. As a matter of fact,before the District could submit an application for the proposed elementary school, the District had to wait years for Polygon to develop its properties to the north, thereby extending sanitary sewer, water, and roads from the north to the District's property to the south. The District was not in control of Polygon's timing. Polygon was, and the Code did not require Polygon to proceed any differently than it did. The District's proposed development is consistent with the Code requirements. The Code requires the public infrastructure and easements for the elementary school that City staff and the hearings officer approved. TDC 18.64o.o3o.E.2 requires the District to extend infrastructure to the edges of Lot 1, as follows: Infrastructure improvements for water, sewer, and stormwater must be placed in easements that are located,wherever possible,within existing or future rights-of-way. Easements and rights-of way must extend through and to the edge of the development site at such locations that would maximize the function and availability of the easement and right-of-way to serve adjacent and surrounding properties. Easements and rights-of-way are evaluated for conformance with this standard during the land use review process. Dedications of easements and rights-of-way will be required as a condition of land use approval." (Emphasis added.) This extension of infrastructure is what the District has proposed, and what has been approved. The Dressels argue that the proposed extension does not go far enough,thereby violating TDC 18.64o.o3o.E.1 and TDC 18.64o.o4o.B.2. The extent of the District's utility extension does not violate either provision. In pertinent part, TDC 18.640.o3o.E.1 states: Infrastructure improvements for water, sewer, stormwater, and transportation systems, including but not limited to pump stations and trunk lines, must be located and designed to serve the proposed development and not unduly or unnecessarily restrict the ability of any other property to develop in compliance with the applicable River Terrace infrastructure master plan." 4826-3138-2459.3 Mayor Jason Snider and Tigard City Council May 7, 2020 Page 3 As the hearings officer held, the proposed infrastructure improvements will not unduly or unnecessarily restrict the ability of any other properties, including the Dressels',from developing in accordance with the applicable infrastructure master plan. Hearings Officer's Decision, at 9-10.) The hearings officer pointed to KPFF's January 15, 2020, memorandum and noted that the east portion of the Dressel property can be served by extending a sanitary sewer line across its own property, from east to west, and can also be served by the extension of sanitary sewer across the District's Lot 2 when that lot develops. These findings are further supported by KPFF's April 24, 2020, and May 1, 2020, memorandums. The fact that the east portion of the Dressel property can be served by the future extension of the proposed sanitary sewer line across Lot 2 is also supported by the City of Tigard's May 5, 2020, memorandum from Joe Wisniewski, Assistant City Engineer. TDC 18.64o.o4o.B.2 provides in pertinent part: The development may not impede the future use or development of adjacent property in River Terrace not under the control or ownership of the applicant proposing the conditional use, planned development, residential, or commercial development." The hearings officer disagreed with the Dressels that the District's proposed provision of public infrastructure violates this approval criterion, because it is feasible to extend sewer to the Dressels' property, as set forth in the January 15, 2020, KPFF memorandum, and there is no substantial evidence to the contrary. Hearings Officer's Decision, at 13. While the hearings officer acknowledged that it would be cheaper and easier for the Dressels if they could connect to sanitary sewer in Lot 2 sooner rather than later, the hearings officer also acknowledged that the District is not required to develop Lot 2 just to accommodate the Dressels. Id. Further, there is substantial evidence in the record that the east half of the Dressel property can be served by the future extension of sanitary sewer across the District's Lot 2 when that lot develops. Therefore,the development of the elementary school, as proposed, does not violate TDC 18.64o.o4o.B.2. The April and May 2020 KPFF memorandums, as well as the May 5, 2020,Assistant City Engineer memorandum, provide additional evidentiary support for these findings. Another reason that the District does not have to build additional infrastructure that is not needed to support the elementary school in order to accommodate the Dressels' property is that for the City to require the District to do so would be unconstitutional. The City cannot require an applicant to build infrastructure that is not 4826-3138-2459.3 Mayor Jason Snider and Tigard City Council May 7, 2020 Page 4 related nor roughly proportional to its development. Nollan v. Cal. Coastal Comm'n, 483 US 825, 107 S Ct 3141, 97 L Ed 2d 677 (1987);Dolan v. City of Tigard, 512 US 374, 114 S Ct 2309, 129 L Ed 2d 304 (1994). The Dressels have at least two options to serve the eastern portion of their property with sanitary sewer. As the record demonstrates,the Dressels have at least two options for sanitary sewer to serve the east portion of their property. The first is to construct a sewer line from the southeast corner of their property to the southwest corner of their property. This option does not rely on the District to provide additional easements or infrastructure. The Dressels contend that the line is not feasible,but the District's engineer has provided substantial evidence that it is. It may not be the cheapest or easiest option for the Dressels, but it is an option that allows them to develop on their desired time line. Although the Dressels argue to the contrary, they did not supply any evidence from an engineer. Their evidence appears to come from a planner at an engineering firm. That is not expert testimony that rebuts the District's expert testimony. A second option the Dressels have for sanitary sewer is to wait until the District develops Lot 2, which will extend the sanitary sewer line across Lot 2 and then up to the Dressels' property through the extension of S.W. 161St Avenue. There is expert testimony in the record from the District's engineer and the Assistant City Engineer that this option is feasible and will serve the Dressels'property in the future. Even the Dressels' planner does not dispute that. The issue is timing, not feasibility, and nothing in the Code requires a property owner to develop its property within a certain time period to satisfy the development desires of neighboring property owners. The Dressels' proposed sanitary sewer option does not provide the District's or the Dressels'properties with sanitary sewer. In their initial submittals, the Dressels ask that Council to either deny the District's application or amend the hearings officer's decision to include two new conditions of approval. The first condition of approval would have "[t]he sewer line stub into or run the length of the utility easement along the southern boundary of the district lots." As set forth in the April and May KPFF memorandums, and in the May 5, 2020, Assistant City Engineer memorandum, a sanitary sewer line in that location would not serve either of the District's properties nor would it serve the Dressels' property. Therefore, it would not meet common sense or Code requirements. 4826-3138-2459.3 Mayor Jason Snider and Tigard City Council May 7, 2020 Page 5 The Dressels' proposed second condition of approval would require p]ublic easements be required for the future extension of sanitary sewer through the district lots to future SW 16ist Avenue." There is, actually, already a public utility easement that runs across the southern portion of Lots 1 and 2 from River Terrace Boulevard to the extension of S.W. 161st Avenue. In their final submittal, dated May 5, 2020, from Ball Janik,the Dressels propose three additional conditions of approval for the City to consider with respect to sanitary sewer. The first is to require the District to extend the proposed sanitary sewer line from the edge of Lot 1, across Lot 2 to the edge of SW 161st Avenue. As discussed above,the Code does not require that extension across vacant property. As also discussed above,the City could not require such an extension without violating constitutional law principles. The second additional condition is to require that all utility facilities be designed consistent with the adopted River Terrace Public Facilities Master Plans, including the Sanitary Sewer Master Plan. The condition goes on to say that "[n]o plans inconsistent with such plans should be permitted by the City Engineer." First the District objects to the Dressels' contention that the City should "require that all utility facilities be designed consistent with the adopted River Terrace Public Facilities Master Plans." This is a new issue. It is not rebuttal responsive to the District's April 24, 2020, KPFF submittal. That submittal addressed sanitary sewer only, not other public infrastructure such as water and stormwater. That issue,then, should be struck from the record. Second,with respect to the Sanitary Sewer Master Plan, the Dressels fail to cite an approval criterion that would require the proposed sanitary sewer infrastructure to be consistent with the master plan. Third, as the Assistant City Engineer states in his memorandum: The proposed design meets the intent to serve properties to the east as required by the River Terrace Sanitary Sewer Master Plan. The Master Plan provides a conceptual design used to show the intent for serving the region with sanitary sewer, and shows generally how that could happen with an approximate cost. It does not dictate the exact means, methods, and details of design." May 5, 2020,Assistant City Engineer memorandum, at 1. The third additional proposed condition is to require the District to increase the depth of its proposed sanitary sewer design so that the sewer can be located farther south. The District's engineer and the Assistant City Engineer have already 4826-3138-2459.3 Mayor Jason Snider and Tigard City Council May 7, 2020 Page 6 stated why this is not feasible. It is not clear why the Dressels continue to insist on a sanitary sewer solution that will not serve their property or the District's. The proposed sanitary sewer line and easement is proposed to be stubbed at the east line of Lot 1. Also in the May 5, 2020, Ball Janik memorandum,the Dressels contend that the proposed sewer line does not extend to the edge of Lot 1. Instead, they say, it ends ten feet west of the property line. The Dressels misunderstand the District's engineering drawings. The figure below shows the sanitary sewer layout from sheet C62o of the District's submitted land use plans, dated September 10, 2019. Sheet C65o also shows the profile for this line, which is consistent with the diagram below. Both the utility easement and the sanitary line itself end at the property line, as required by the Code. 1 SS MN-105, N 129949.74 E 303945.38 Food-293.88 10.0'sKIN 10 p W g SI1N TYP ILsir -, w w w It f11-88 w s11 fl)TURE WATER- 06 0DNNEC110N N 129928.74 N 129938.18 E 303893.90 E 343945.33 L73 Qn e 5 EtoworF ASSEMBLY FEB U OTT cF TIGARD 4ETNL 571. mom 4826-3138-2459.3 Mayor Jason Snider and Tigard City Council May 7, 2020 Page 7 Conclusion. The crux of the Dressels' appeal is that the Dressels want the City to force the District to build additional public infrastructure and dedicate additional public utility easements across the District's neighboring property(Lot 2) that are not required for the proposed new school so that the Dressels are assured that they can develop the eastern portion of their property, as cheaply as possible, on their desired time line, whenever that may be. The Code does not require that the District build that additional infrastructure or dedicate additional easements over Lot 2 to accommodate the Dressels' desire for certainty. Further, such a requirement would be unconstitutional. The Code requires the infrastructure and easements that have been proposed, as affirmed by City staff and the hearings officer. Therefore,the District respectfully requests that you deny the appeal and affirm the hearings officer's decision. Very truly yours, Kelly S. Hossaini, P.C. 4826-3138-2459.3 AIS-4281 7. Business Meeting Meeting Date:05/12/2020 Length (in minutes): 15 Minutes Agenda Title: Consideration of a Resolution to Approve Utility Fee Credits Prepared For: Shelby Rihala Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Resolution Business Meeting - Main Public Hearing Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall Council approve a resolution authorizing a utility fee credit in the amount of up to $40 per month for unemployed Tigard utility customers and businesses impacted by the COVID pandemic? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the resolution. KEY FACTS AND INFORMATION SUMMARY As the economic impacts of the COVID-19 pandemic deepen, the City of Tigard continues to pursue financial relief options for its residents and customers. This proposal provides a monthly utility bill credit in the amount of up to $40 for any utility bill customer that is experiencing unemployment or business that is impacted by COVID, including water, sanitary sewer, and stormwater customers. This includes Tigard water customers who live outside the city limits of Tigard. The credit would be available to the customer upon proof of eligibility that the customer was unemployed as a result of the pandemic or statement that the business has been adversely impacted. The credit would be applied to the overall bill, so customers receiving multiple City-utilities would only be eligible for one credit of up to $40 per month. A customer would need to recertify eligibility each month in order to continue receiving the credit. The resolution authorizes staff to develop rules and procedures for the implementation of this program, such as what documentation the City will require to show eligibility. The credits to customers would be paid for by the City's utility funds in approximately the following amounts: Water (69%): $517,500 Sewer (15%): $112, 500 Storm (16%): $120,000 Total = $750,000 Staff recommends capping the utility bill assistance at $750,000. A loss of revenue to our utilities beyond this amount will increase the risk that we will not meet our bond covenants which would impact the City's bond rating. Additionally, further revenue loss could impact maintenance, operations, and infrastructure spending. If Council wishes to expand beyond this budget of$750,000, staff recommends waiting until the middle of next fiscal year when the City will know how utility sales and expenses are progressing. Using water revenue, as it is most impacted by this program, and eliminating multifamily and irrigation customers who are not part of these programs, the relative split of water revenue between residential and commercial customers is 83% residential and 17% commercial. Based upon the relative contributions to revenue by customer class, the program for unemployed residential customers will have a budget of$625,000 and the program for impacted businesses is $125,000 to total the $750,000 available. The total budget of$750,000 is split to the two program budgets because the programs have different qualifying criteria to recieve the utility bill assistance. Using the recent recession as a guide, 10% of residential customers may be unemployed and qualify for utility bill assistance. It is anticipated that a larger percent of businesses have been adversely affected by the pandemic and be in need of assistance. Based on this, it is anticipated that the budget for the unemployed residents may last for more months than the budget for the business program. Each program will terminate December 31, 2020 or when the program budget has been fully allocated, whichever comes first. Additionally, the City currently has an agreement with St. Vincent de Paul whereby the nonprofit organization provides financial assistance to customers in the Tigard Water Service Area. A customer applies for assistance directly through St. Vincent de Paul and the nonprofit determines eligibility based on HUD standards for income. Currently, the agreement limits the total amount of assistance a customer may receive up to $200 and 3 months within a rolling 12-month time frame. Staff proposes to negotiate a temporary agreement with St. Vincent to remove the $200 a month and 3-month limitations through December 31, 2020. OTHER ALTERNATIVES Council could choose to not implement this program or direct staff to make changes to the proposal. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION March 17, 2020: Council ratifies COVID-19 emergency. April 21, 2020: Council extends the declaration of emergency to May 31, 2020. Council directs staff to pursue financial relief options for utility customers. Attachments Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 20- A RESOLUTION APPROVING A MONTHLY UTILITY CREDIT FOR UNEMPLOYED RESIDENTIAL CUSTOMERS OF TIGARD UTILITIES AND BUSINESS CUSTOMERS AFFECTED BY COVID-19 WHEREAS, the City of Tigard ratified a declaration of emergency in response to COVID-19 on March 17, 2020 and extended that declaration of emergency on April 21,2020;and WHEREAS, the COVID-19 pandemic has led to significant unemployment, with the Oregon Employment Department processing about 22,000 initial claims for unemployment insurance in Washington County between March 24 and April 18,2020, 14.4 times higher than this same time last year when approximately 1,500 claims were processed;and WHEREAS,while every industry has been affected by COVID-19 in the last five weeks, Accommodations and Food Services, Health Care and Social Assistance, and Retail Trade have consistently accounted for more than half of processed unemployment insurance claims for Washington County; and WHEREAS, the City recognizes that unemployed customers may be struggling with every day expenses, including paying utility bills;and WHEREAS, the City also recognizes that businesses that have been forced to close or curtail operations as a result of the Governor's "Stay Home Save Lives" order may have lost significant revenue and also are struggling with every day expenses;and WHEREAS, the City recommends crediting up to $40 per month for residential utility customers served by a Tigard utility who are unemployed and in need of assistance;and WHEREAS, the City additionally recommends crediting up to $40 per month for business utility customers served by a Tigard utility whose business may have been forced to close or otherwise adversely affected by COVID-19;and WHEREAS, the City currently has a program administered by St.Vincent de Paul whereby the nonprofit may provide financial assistance on a customer's water bill upon an income-based demonstration of need. Financial assistance is currently limited to $200 per year and not more than 3 months within a rolling 12-month period; and WHEREAS, the City wishes to expand the program currently offered by St. Vincent de Paul to remove the limitations on the amount offered and on the number of months for which a customer may seek assistance. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Upon verification of unemployment eligibility, as determined by the City of Tigard, the City may credit up to $40 per month towards a residential customer's Tigard utility account. The credit is available to all residential customers served by a Tigard utility, including customers RESOLUTION NO.20- Page 1 outside the city limits for whom Tigard provides water service. A customer must reapply for the credit each month in order to continue receiving it. SECTION 2: Upon verification that a business has been negatively impacted by COVID-19, such as for a forced closure or curtailment of operations, the City may credit up to $40 per month towards a business customer's Tigard utility account. The credit is available to all business customers served by a Tigard utility, including customers outside the city limits for whom Tigard provides water service. A customer must reapply for the credit each month in order to continue receiving it. SECTION 3: This utility bill credit program will remain in effect until December 31, 2020 or until the funding that the City has allocated for this program is spent,whichever comes first. The City is allocating$625,000 for the residential credit program and $125,000 for the business credit program. SECTION 4: The City may adopt rules and procedures to implement this utility credit program. SECTION 5: The Council requests staff negotiate a temporary agreement with St. Vincent de Paul to remove the 3-month and$200 limitations on assistance through December 31,2020. SECTION 6: This resolution is effective immediately upon passage. PASSED: This day of 2020. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.20- Page 2 OC 0 W Y 1 w s : II ! J col Ewe p< V ti CID CID J V D• r p Co C aA 0 O 0 Co (I) 73 V C C co c co 4J v) c ON . ci O to N — co +-+ -0 cn N L- n = = _C co c _0 0 U N _ C .— p C>> co t).0 a) L- C a)) •_ N 4J QJ O v ,C tan Li— L NC Co C }, c '- -0 C/D r-I C.) + a)+ I-E CD 0_ Cut iC r v N vi co • a) Q ,+ 0 N Q c > Q 0 0 co U CU ti Ct o 1 U L 0 a) rr1 N C a) Co co L E co o N N D cm > N —C 4-1 1.) o E C c U o o o CD H CNI CO >. c -, d-CD CC Ov ct C E co a ° co O o O + V C - 0. 0 CD 2 l0 I . cin a) a) 0 a) N v O 4-.)-4-.) 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Marty Wine, City Manager n Kenny Asher, Comm. Development Dir. n Kathy Nyland,Asst. City Manager n Dana Bennett, HR Director Permissible Purpose for Executive Session & Description 192.660(2)(d): To discuss labor negotiations.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. Outcome Meeting Adjourned: Respectfully Submitted by: Carol Krager, City Recorder 111 Caroline Patton, Deputy City Recorder EXECUTIVE SESSION - City Council M 0 fl M 0 0 M CT (T N ^ i!1 N M G\ i t I tel- N M, kr) r O N N N (. N C C Z N M N M en M d' O M N O N M Cl Cl ( c^, c^, en r'1 (^, 1 ) r-+ r i r 1 0 c. r V 4-1 Esi: Li cOO OooOO is; M O in t ' N c^7 r C`] 4ct 1 kr; M O ^x M O c\ N M N it V V rli c 1 , r2) i'7: X -7 --. r--- rn c 1 ",:t"., C V 0 r C.' r 1 r,, ,,; --r P-4 Cl) Ct 4-1 Ct ti.) • rl H IL/ Ct Ci)C ) t,Ri rY* y v: ItiGfr r r*] t 6' moi d' l \' ,•,,-^ •ti~i..t may ' ••1 t vf, 'TA 'JJ --0 0 0 AIS-4283 8. Business Meeting Meeting Date:05/12/2020 Length (in minutes): 10 Minutes Agenda Title: Consideration of a Resolution to Defer and Waive Certain Alarm Permit Fees Prepared For: Shelby Rihala Submitted By: Caroline Patton, Central Services Item Type: Motion Requested Meeting Type: Council Resolution Business Mtg - Study Sess. Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall Council approve a resolution to defer alarm permit application and renewal fees and waive certain late fees and permit revocations? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the resolution as presented. KEY FACTS AND INFORMATION SUMMARY Tigard City Council has directed staff to look at various ways of providing financial assistance to its residences and businesses through the COVID-19 pandemic. One such option is to defer or waive certain fees associated with the City's alarm permit program. All alarm users in the City are required to register their alarms through the Tigard Police Department. By requiring all alarms be registered, this promotes increased responsibility on the part of alarm users for properly maintaining their alarm system and helps to reduce the number of false alarms, which require police resources to respond to and therefore detracts from other public safety priorities. Requirements for alarm users are set forth in Tigard Municipal Code (TMC) 11.08. All alarm users are required to have a valid alarm permit and this resolution does not change that requirement. However, the City also recognizes the far-reaching economic impacts of COVID-19 on the community and that some alarm users may be having difficulty making payments now. This proposal defers the due date of fees associated with an initial alarm permit or permit renewal to December 31, 2020. Alarm users are still required to submit their applications or renewals in a timely manner, but have until the end of the year to make their payment to the City for the application fee. The City also proposes to waive any late fees for permit applications or renewals accruing on or after March 16, 2020, the date on which the Mayor initially declared a state of emergency in Tigard and which was ratified by Council the next day. The waiver of late fees will continue until December 31, 2020. During this time, the City will also suspend revocation of permits for failure to pay the application fee, renewal fee, or late fees associated with those payments. Because this action does not suspend enforcement of the City's alarm permit program, any fees or fines other than those specifically waived by this action will continue to accrue and may be grounds for revocation of a permit. These include fines or repeated false alarms or other violations of TMC 11.08. OTHER ALTERNATIVES Council could choose to not approve this resolution or make additional amendments. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION March 17, 2020 - Council declares state of emergency. April 21, 2020 - Council extends state of emergency. May 5, 2020 - Council directs staff to consider financial assistance for alarm users. Attachments Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 20- A RESOLUTION DEFERRING CERTAIN ALARM PERMIT FEES UNTIL DECEMBER 31, 2020 AND WAIVING LATE FEES WHEREAS,Tigard Municipal Code (TMC) Chapter 11.08 regulates alarm permits in the City of Tigard; and WHEREAS, the purpose of the Chapter is to "encourage alarm users and alarm businesses to assume increased responsibility for maintaining the mechanical reliability and the proper use of alarm systems to prevent unnecessary police emergency responses to false alarms and thereby protect the emergency response capability of the city from misuse;"and WHEREAS, the registration of residential and business alarms with the Tigard Police Department is an important tool for the Department in maintaining overall public safety;and WHEREAS, the financial impacts of the COVID-19 emergency are being broadly felt across the Tigard community;and WHEREAS, the Tigard City Council seeks to identify ways in which it can provide financial assistance to those impacted by the pandemic,including by the deferral or waiver of certain fees;and WHEREAS, by deferring the alarm permit fee and waiving late fees accruing on or after the date of Tigard's declared state of emergency—March 16, 2020—the City hopes to provide some relief to its customers while still maintaining the City's alarm permit program;and WHEREAS,this relief is limited to the payment of initial and renewal permit application fees only and does not change other penalties or fines assessed as part of the City's alarm permit program. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City of Tigard defers the due date of fees associated with an alarm user's initial or renewal alarm permit application to December 31, 2020. Notwithstanding, all alarm users must still apply for,or keep valid,an alarm permit,pursuant to TMC 11.08.030. SECTION 2: The City waives all late fees associated with an alarm user's initial or renewal alarm permit application accruing as of March 16,2020 and continuing until December 31,2020. The City will not revoke an alarm permit for failure to pay during this time. Notwithstanding, the waiver of late fees and suspension of alarm permit revocations does not apply to other fines or penalties, including, but not limited to false alarms, fines, or failure to otherwise comply with TMC 11.08. SECTION 3: This resolution is effective immediately upon passage. RESOLUTION NO. 20- Page 1 PASSED: This day of 2020. Mayor-City of Tigard ATTEST: Deputy City Recorder- City of Tigard RESOLUTION NO.20- Page 2 AIS-4282 9. Business Meeting Meeting Date: 05/12/2020 Length (in minutes): 20 Minutes Agenda Title: COVID-19 Response and Recommendations Prepared For: Marty Wine, City Management Submitted By: Marty Wine, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Public Hearing: Publication Date: Information ISSUE Council will receive a briefing about current efforts for a digital access plan and also a business support campaign in response to COVID-19. STAFF RECOMMENDATION / ACTION REQUEST Receive the briefing, provide guidance to staff with Council consensus about next steps. KEY FACTS AND INFORMATION SUMMARY At its meeting of April 21, 2020, City Council reviewed several issues related to Tigard's COVID-19 response. Staff is providing program recommendations about utility and fee waiver assistance on a separate agenda item. This briefing covers efforts on future business outreach, and digital access. Business Outreach. At a prior meeting, Council requested the creation of a two-way dialog with Tigard's business community to find out about their current needs, and to consider an open for business" or business support campaign for the Tigard business community. Lloyd Purdy, Economic Development Manager, will provide an update about these efforts. Digital Access. Assistant City Manager Kathy Nyland will report on efforts to expand digital access short- and long-term. A report is attached to this agenda item summary. The City has taken immediate actions to provide more public access by opening WiFi for the Library and Public Works. We've taken immediate actions to provide more public access Library and PW). The PW opening is temporary, until the building is open to the public. In the short-term, we can add more hot-spots to the library's collection. That action will require some funding. Long-term, the City will continue taking steps focusing on inventory and needs to expand access. That too will require additional resources and could be considered in upcoming budget discussions. OTHER ALTERNATIVES The Council could consider other ideas or suggestions related to community coronavirus response than those previously identified. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Attachments Digital Access report City of Tigard Issue: Digital Access, Inventory Map Digital Access Plan:April 29, 2020 Digital Access. Develop a plan for Digital Access Map and expanded public WiFi at our facilities.Team includes Kathy N, Toby, Mike N, Halsted Bernard, and Nicole Hendrix. develop program) (Note—public WiFi item is done already!) Goal: With equity as a guiding principle, we envision Tigard as a city where technology empowers all residents and communities— especially those who are historically underserved, underrepresented, and under-resourced. As the global pandemic COVID-19 has amplified these obstacles, we can turn this moment into opportunity. In order to be successful with this initiative, we need to understand the obstacles our residents face: these may include, but are not limited to, access, affordability and ability. Objectives: Bridge the digital divide. Identify strategic and tactical opportunities to increase levels of digital connectedness. Provide digital equity for all residents. Ensure residents have the ability to engage utilizing the digital tools (educate and train). Understanding the Need In order to address the digital divide, we need a comprehensive understanding of the City of Tigard's current level of digital connectedness- who has access, who does not and what the barriers are-particularly for communities of color, Limited English Proficient speakers, people with disAbilities, seniors, and other communities most impacted by the digital divide. DIGITAL ACCESS Need: Expanded digital access by providing more public WiFi. Next: Reactivate WiFi at city-owned public locations. Turned on 24/7 access to the WCCLS WiFi network. There are some limited-time opportunities to expand the City's fiber network (Library and City Hall parking lots) even though buildings are closed. Timeline: COMPLETED! We have completed the requested changes for enabling public wireless. Onsite there is now a "Tigard-Public" wireless name that is available for connecting to without a password. For the PD and the Niche, we removed the "Tigard-Staff" wireless and replaced it with the public version. City of Tigard Issue: Digital Access, Inventory Map Digital Access Plan:April 29, 2020 At the request of the Library Director, WCCLS removed the schedule for the free Wi-Fi network at the Tigard Public Library. It is now on 24/7. Notes: The public WiFi at city facilities is only temporary until we are post-COVID. Once staff return to the buildings, it will need to go back to Tigard-Staff and a protected service. Below is some information that could make access more permanent. Timeline: Long-term City Hall Complex o $10,000 investment in infrastructure to get better coverage outside around city buildings. o $6,000/year for increased internet capabilities Library o $50,000 investment in infrastructure if we transition service of WiFi service to patrons at TPL. o $12,000/year internet costs for needed bandwidth Parks/ Downtown o $12,000 study/survey needed to get adequate infrastructure needs detailed for a parks WiFi project o $50k-$100k investment in infrastructure o $12,000/year internet costs for needed bandwidth DIGITAL ACCESS Need: Expanded digital connections by providing more accessibility through public WiFi. Next: Create opportunities for access by working with the Tigard Public Library to increase our hot-spot inventory. Notes: The City of Tigard does not currently manage the Library hotspot program. The library has 11 circulating hotspots and they are incredibly popular. Here are some statistics: They were first available 11/30/18. They have circulated 270 times total (average 24 circs per item in 16 months). There are currently 30 holds. (However, hold capabilities were turned off in the catalog since early April.) They circulate for 14 days. 2 are not holdable and 9 are holdable. The rationale between having 2 that aren't holdable is to increase the chances that someone just coming by the Library would be able to check one out. All mobile hotspots must be picked up and returned to our library (unlike most other library materials, which can be picked up and returned to any WCCLS library). City of Tigard Issue: Digital Access, inventory Map Digital Access Plan:April 29, 2020 Cost: Currently the library uses Mobile Beacon through TechSoup. 15 admin fee (payable to TechSoup) 70 for each hotspot 120 per year per hotspot for service. It looks like there is an overload of requests and that they are sold out currently. If IT was to supply the hotspot Each device would be a $600/year fee for service and the Device would cost between $99 and $250 depending on the special Verizon was running at the time. Timeline: Short-term. Determining the feasibilities of an expanded program. DIGITAL INVENTORY Studies have shown the digital divide disproportionately impacts underserved communities. As much as cost and access to technology are barriers, the lack of focus on digital literacy can be even more of a problem. Need: Current assessment to determine levels of access, affordability, and abilities. Conduct a multi-mode survey: across mail, online, telephone, and in-person (focus groups), that is completed in both English and Spanish. Internet access within residence Types of devices in household Typical download speed of Internet connection Adequacy of the Internet access Cost of services Level of literacy Develop and launch a community-wide survey focusing on communications, and technology. If we are going to address the digital divide, we need to know who has resourrces and where are the gaps.The information collected will help us identify community wants and needs which in term will determine and guide how we communicate and develop future programs, in the most efficient, strategic and impactful ways. 35-45 question survey would cost approximately$30,000 City of Tigard Issue: Digital Access, Inventory Map Digital Access Plan:April 29, 2020 Timeline: Short-term, Long-term Current: Contact polling firms. Develop scope of work. Creating and deploying survey would take six weeks. 2Q: Launch survey (funding dependent) 3Q: Survey results. Analyze findings Report findings Report out based on findings, establish baseline of resources, and identify next steps.2021: Create program based on community assessment responsive to findings Long-Term If our hypothesis-that accessibility, affordability and abilities are indeed barriers to digital equity- is confirmed through this community survey, potential next steps could focus on access to computers, high-speed broadband and technology training so empowers all residents and communities. Use our public facilities to offer free digital literacy courses. Explore and leverage partnerships to provide discounted broadband services to seniors and low-income residents. Work closely in partnership with school district so students from underserved communities have year-around access to laptops and other smart devices. 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