dallas city council agenda

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All persons addressing the Council will please use the table at the front of the Council. All testimony is electronically streamed and recorded via the City of Dallas YouTube Channel: https://www.dallasor.gov/community/page/dallasyoutube If you wish to speak on any agenda item, please sign in on the provided card. Dallas City Council Agenda Mayor Brian Dalton, Presiding Monday, March 7, 2022 7:00 PM Dallas City Hall 187 SE Court St Dallas, OR 97338 AGENDA ITEM RECOMMENDED ACTION 1. ROLL CALL, PLEDGE OF ALLEGIANCE 2. INTRODUCTIONS, RECOGNITION, PROCLAMATIONS 3. PUBLIC COMMENT (SEE PAGE 3 FOR MORE INFORMATION) This time is provided for citizens to comment on municipal issues and any agenda items other than public hearings. To submit public comment by live telephone, please call: +1 253 215 8782 Meeting ID: 213 855 0622 4. CONSENT AGENDA The following items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered separately. a) Approve February 22, 2022 Council Business Meeting Minutes b) Acknowledge February 28, 2022 Public Safety Committee Meeting Minutes c) Acknowledge February 28, 2022 Public Works Committee Meeting Minutes d) Acknowledge March 1, 2022 Dallas Parks and Recreation District Formation Committee Meeting Minutes Motion 5. ITEMS REMOVED FROM CONSENT AGENDA 6. REPORTS OR COMMENTS FROM MAYOR AND COUNCIL MEMBERS COUNCIL Mayor Brian Dalton Council President Michael Schilling Councilor Larry Briggs Councilor Kirsten Collins Councilor Terry Crawford Councilor Rod Dunham Councilor Kim Fitzgerald Councilor Bill Hahn Councilor Paul Trahan Councilor Ken Woods, Jr. CITY STAFF City Manager Brian Latta Asst. City Manager Emily Gagner City Attorney Lane Shetterly City Recorder Sam Kaufmann Fire Chief Todd Brumfield Police Chief Tom Simpson Economic & Community Development Director Charlie Mitchell Public Works Director Gary Marks Library Director Mark Johnson Finance Director Cecilia Ward Masks are required to be worn in City Hall at all times, including before, during, and after the Council meeting for the safety of all present. If you need a mask, the City will provide you one. Our Motto: Come Thrive With Us, We Invest in People and Business p.4

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All persons addressing the Council will please use the table at the front of the Council. All testimony is electronically streamed and recorded via the City of Dallas YouTube Channel:

https://www.dallasor.gov/community/page/dallasyoutube If you wish to speak on any agenda item, please sign in on the provided card.

Dallas City Council Agenda Mayor Brian Dalton, Presiding

Monday, March 7, 20227:00 PM

Dallas City Hall 187 SE Court St

Dallas, OR 97338

AGENDA ITEM RECOMMENDED

ACTION

1. ROLL CALL, PLEDGE OF ALLEGIANCE

2. INTRODUCTIONS, RECOGNITION, PROCLAMATIONS

3. PUBLIC COMMENT (SEE PAGE 3 FOR MORE INFORMATION)This time is provided for citizens to comment on municipal issues and anyagenda items other than public hearings.

To submit public comment by live telephone, please call: +1 253 215 8782

Meeting ID: 213 855 0622 4.

CONSENT AGENDA The following items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered separately.

a) Approve February 22, 2022 Council Business Meeting Minutes

b) Acknowledge February 28, 2022 Public Safety CommitteeMeeting Minutes

c) Acknowledge February 28, 2022 Public Works CommitteeMeeting Minutes

d) Acknowledge March 1, 2022 Dallas Parks and RecreationDistrict Formation Committee Meeting Minutes

Motion

5. ITEMS REMOVED FROM CONSENT AGENDA

6. REPORTS OR COMMENTS FROM MAYOR AND COUNCIL MEMBERS

COUNCIL Mayor

Brian Dalton

Council President Michael Schilling

Councilor Larry Briggs

Councilor Kirsten Collins

Councilor Terry Crawford

Councilor Rod Dunham

Councilor Kim Fitzgerald

Councilor Bill Hahn

Councilor Paul Trahan

Councilor Ken Woods, Jr.

CITY STAFF City Manager

Brian Latta

Asst. City Manager Emily Gagner

City Attorney Lane Shetterly

City Recorder Sam Kaufmann

Fire Chief Todd Brumfield

Police Chief Tom Simpson

Economic & Community

Development Director

Charlie Mitchell

Public Works Director

Gary Marks Library Director Mark Johnson

Finance Director Cecilia Ward

Masks are required to be worn in City Hall at all times, including before, during, and after the

Council meeting for the safety of all present. If you need a mask, the City will provide you one.

Our Motto: Come Thrive With Us, We Invest in People and Business

p.4

Dallas City Council Agenda Monday, March 7, 2022

7:00 PM

7. REPORTS FROM CITY MANAGER AND STAFF

a) Recommendation of Design for John C. Barnard Memorial Park

b) Report on the Expanded Water Storage Site Selection Process

c) Temporary Signs

d) Amending City Code 6.505 - 6.512

Motion

N/A

Motion

Motion

8. RESOLUTIONS

a) Resolution 3480 – A Resolution authorizing the transfer of budgetaryfunds

b) Resolution 3481 – A Resolution approving the application for anOregon Parks and Recreation Department Local Government Grantfor the Replacement of the Japanese Garden

c) Resolution 3482 – A Resolution approving the application for anOregon Parks and Recreation Department Local Government Grantfor the construction of John C. Barnard Memorial Park

Roll Call Vote

9. FIRST READING OF ORDINANCES

a) Ordinance 1870 – An Ordinance Relating to Temporary Signs

b) Ordinance 1871 – An Ordinance Relating to Abandoned Vehicles

N/A

10. SECOND READING OF ORDINANCES

a) Ordinance 1867 – An Ordinance amending provisions of the Dallas City CodeSection 5.000 relating to animals.

b) Ordinance 1868 – An Ordinance changing the zoning designation of a parcelof real property owned by Dallas Medical Building, LLC from Residential HighDensity to Neighborhood Commercial.

c) ORDINANCE 1869 – An Ordinance amending Dallas City Code Section 5.458,relating to obnoxious vegetation abatement

d) Ordinance 1870 – An Ordinance Relating to Temporary Signs

Roll Call Vote

11. OTHER BUSINESS

12. ADJOURNMENT

Our Motto: Come Thrive With Us, We Invest in People and Business

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p. 105

Guide for Remote Meeting Access

COUNCIL Mayor

Brian Dalton

Council President Michael Schilling

Councilor Larry Briggs

Councilor Kirsten Collins

Councilor Terry Crawford

Councilor Rod Dunham

Councilor Kim Fitzgerald

Councilor Bill Hahn

Councilor Paul Trahan

Councilor Ken Woods, Jr.

CITY STAFF City Manager

Brian Latta

Asst. City Manager Emily Gagner

City Attorney Lane Shetterly

City Recorder Sam Kaufmann

Fire Chief Todd Brumfield

Police Chief Tom Simpson

Economic & Community

Development Director

Charlie Mitchell

Public Works Director

Gary Marks Library Director Mark Johnson

Finance Director Cecilia Ward

Watch a Dallas City Council Meeting or Planning Commission Meeting Live on Youtube

Visit: www.dallasor.gov/community/page/dallasyoutube

Submit public testimony at a Dallas City Council Meeting or Planning Commission Meeting by Phone

Step 1: Dial: +1 (253) 215-8782

Step 2: Enter Meeting ID: 213 855 0622

Step 3: Press #. This will set your participant ID as your telephone number.

Helpful Tips:

• Make sure to call in before the meeting start time• You will be asked to speak during the public comment portion of the meeting (See

page 1 of the meeting agenda). You will be called upon by phone number oncethe public comment period begins. All testimony will be electronically recorded.

• Do not use your speakerphone when calling to submit public comments as it mayaffect call quality.

• Turn off the volume on YouTube if you choose to watch the video live on YouTubewhile simultaneously commenting via telephone, otherwise you may experienceaudio feedback.

• Press *6 to unmute yourself when asked by the recording secretary or presidingofficer.

These minutes are supplemented by electronic recordings of the meeting, which may be reviewed by visiting: https://www.dallasor.gov/community/page/dallasyoutube

DALLAS CITY COUNCIL Monday, February 22, 2022

The Dallas City Council met in regular session on Monday, February 22, 2022, at 7:00 PM in Dallas Council Chambers.

Council Members Present:

Council President Michael Schilling, Councilor Larry Briggs, Councilor Kirsten Collins, Councilor Terry Crawford, Councilor Bill Hahn, Councilor Kim Fitzgerald Councilor Paul Trahan and Councilor Ken Woods, Jr.

Councilors Excused: Councilor Rod Dunham

Staff:

Also present were: City Manager Brian Latta, Assistant City Manager Emily Gagner, City Attorney Lane Shetterly, Public Works Director Gary Marks, Police Chief Tom Simpson, Library Director Mark Greenhalgh-Johnson, Economic and Community Development Director Charlie Mitchell, Fire Chief Todd Brumfield, Finance Director Cecilia Ward, and City Recorder Sam Kaufmann

AGENDA ACTION

00:02:50 INTRODUCTIONS, RECOGNI-TION, PROCLAMATIONS

None

00:03:54 PUBLIC HEARING ON PRO-POSED SUPPLEMENTAL BUDGET (RESOLUTION 3479) FOR FY 2021-2022.

Mayor Dalton opened the public hearing at 7:02 PM. No public testimony was provided. Mayor Dalton asked for questions from City Council. There were none. Mayor Dalton closed the public hearing at 7:05 PM.

00:11:12 PUBLIC COMMENT Eddie Nelson asked the council apply American Res-cue Plan Act funding on building improvement grants for downtown businesses. Don Sheeley was disappointed in the lack of available funding for the Urban Renewal District Building Im-provement Grant program. Marlene Cox described the potential profits by rein-vesting in downtown Dallas and asked the City Coun-cil for their support. Sam Dufner encouraged the City Council to use ARPA funding to help support downtown businesses.

00:22:15 CONSENT AGENDA

a) APPROVE FEBRUARY 7, 2022 COUNCIL WORKSHOP MINUTES

b) APPROVE FEBRUARY 7, 2022 COUNCIL BUSINESS MEET-ING MINUTES

It was moved by Councilor Trahan to approve the Consent Agenda as presented. The motion was duly seconded by Councilor Hahn and CARRIED with a vote of 8-0 with Councilors Schilling, Briggs, Collins, Crawford, Hahn, Fitzgerald, Trahan and Woods voting YES.

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Dallas City Council February 22, 2022 Page 2

00:25:55 REPORTS OR COMMENTS FROM THE MAYOR AND COUNCIL MEMBERS

None.

00:26:02 REPORTS FROM CITY MANAGER AND STAFF

a) FILLING BUDGET COMMITTEEVACANCY

Brian Latta presented his staff report on filling the budget vacancy.

It was moved by Councilor Schilling to appoint Rich Spofford to the Dallas Budget committee with a term expiring on 12/31/2023. The motion was duly seconded by councilor Briggs and CAR-RIED with a vote of 8-0 with Councilors Schil-ling, Briggs, Collins, Crawford, Hahn, Fitzgerald, Trahan and Woods voting YES.

b) AUDIT REPORT FOR FISCAL YEARENDING JUNE 30, 2021

Brian Latta introduced his staff report on the audit report for fiscal year ending June 30, 2021.

Tonya Moffitt presented on behalf of Merina + Co. Ms. Moffitt reviewed the Audit Report for fis-cal year ending June 30, 2021 and mentioned the City of Dallas received the highest rating possible.

MAYOR DALTON RECESSED THE COUNCIL MEETING AT 7:27 PM

MAYOR DALTON RECONVENED THE COUNCIL MEETING AT 7:36 PM

0:36:11 RESOLUTIONS

a) RESOLUTION 3478 – A RESOLU-TION AUTHORIZING THE TRANS-FER OF BUDGETARY FUNDS

Brian Latta Presented his staff report on Resolu-tion 3478.

A roll call vote was taken and Mayor Dalton de-clared Resolution 3478 to have PASSED with a vote of 8-0 with Councilors Schilling, Briggs, Collins, Crawford, Hahn, Fitzgerald, Trahan and Woods voting YES.

c) APPROVE FEBRUARY 12, 2022COUNCIL GOAL SETTING RE-TREAT MINUTES

d) ACKNOWLEDGE FEBRUARY15, 2022 DALLAS PARKS ANDRECREATION DISTRICT FOR-MATION COMMITTEE MEET-ING MINUTES

e) OLCC APPLICATION FORMASSALA BITES INDIAN RES-TAURANT

f) ACKNOWLEDGE JANUARYFINANCIAL REPORT

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Dallas City Council February 22, 2022 Page 3

b) RESOLUTION 3479 – A RESOLU-TION ADOPTING AND APPROPRI-ATING A SUPPLEMENTAL BUDGETFOR FISCAL YEAR 2021-2022

Brian Latta Presented his staff report on Resolu-tion 3479.

A roll call vote was taken and Mayor Dalton de-clared Resolution 3479 to have PASSED with a vote of 8-0 with Councilors Schilling, Briggs, Collins, Crawford, Hahn, Fitzgerald, Trahan and Woods voting YES.

00:47:20 ORDINANCES

a) ORDINANCE 1867 – AN ORDINANCEAMENDING PROVISIONS OF THEDALLAS CITY CODE SECTION 5RELATING TO ANIMALS.

Mayor Dalton declared Ordinance 1867 to have passed its first reading.

b) ORDINANCE 1868 – AN ORDINANCECHANGING THE ZONING DESIG-NATION OF A PARCEL OF REALPROPERTY OWNED BY DALLASMEDICAL BUILDING, LLC FROMRESIDENTIAL HIGH DENSITY TONEIGHBORHOOD COMMERCIAL.

Mayor Dalton declared Ordinance 1868 to have passed its first reading.

c) ORDINANCE 1869 – AN ORDINANCEAMENDING DALLAS CITY CODESECTION 5.458, RELATING TO OB-NOXIOUS VEGETATION ABATE-MENT

Mayor Dalton declared Ordinance 1869 to have passed its first reading.

00:50:10 OTHER

Kirsten Collins asked staff to improve accessibility for remote attendance at City Council meetings. Brian Latta mentioned there would be a Rotary Peace Pole Celebration on February 25 and asked the City Council to attend.

ADJOURNMENT There being no further business, the meeting adjourned at 7:55 PM

Read and approved this _______ day of _________________________ 2022.

_______________________________________ Mayor

ATTEST:

_________________________________________ City Manager

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Public Safety Committee Monday, February 28, 2022

Committee Chair Bill Hahn called the Public Safety Committee meeting to order on Monday February 28, 2022 at 4:00 PM.

ROLL CALL

Council Members Present: Councilor Bill Hahn, Councilor Terry Crawford, Councilor Rod Dunham, and Councilor Kirsten Collins

Also present were: City Manager Brian Latta, Assistant City Manager Emily Gagner, Public Works Director Gary Marks, Police Chief Tom Simpson, Fire & EMS Chief Todd Brumfield, Finance Director Cecilia Ward and City Recorder Sam Kaufmann.

APPROVAL OF NOVEMBER 11, 2021 MINUTES

It was moved by Councilor Dunham to approve the November 11, 2021 minutes as presented. The motion was duly seconded by Councilor Crawford and CARRIED with a vote of 4-0 with councilors Hahn, Dunham, Crawford and Collins voting YES.

TRANSFER CAR PARTNERSHIP UPDATE

Todd Brumfield presented his staff report on the transfer car partnership with West Valley Hospital.

Chief Brumfield described challenges in staff recruitment which he believes is due to COVID and a lack of applicants. Brian Latta echoed Mr. Brumfield’s comments and added many organizations are currently experiencing staffing difficulties. Councilor Collins asked Chief Brumfield to reach out to Lane Community College for Fire/EMS recruitment opportunities.

OTHER

Tom Simpson mentioned the Police Department’s recent patrol car order has been placed on Backorder and the vehicles will not be ready until late summer 2022

ADJOURNMENT: 4:23 PM

Respectfully Submitted,

_______________________

Sam Kaufmann

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Public Safety Committee Monday, February 28, 2022

Committee Chair Rod Dunham called the Public Safety Committee meeting to order on Monday February 28, 2022 at 4:24 PM.

ROLL CALL

Council Members Present: Councilor Bill Hahn, Councilor Terry Crawford, Councilor Rod Dunham, Councilor Kirsten Collins

Also present were: City Manager Brian Latta, Assistant City Manager Emily Gagner, Public Works Director Gary Marks, Police Chief Tom Simpson, Fire & EMS Chief Todd Brumfield, Finance Director Cecilia Ward, and City Recorder Sam Kaufmann.

APPROVAL OF NOVEMBER 11, 2021 MINUTES

It was moved by Councilor Hahn to approve the November 11, 2021 minutes as presented. The motion was duly seconded by Councilor Crawford and CARRIED with a vote of 4-0 with councilors Hahn, Dunham, Crawford and Collins voting YES.

PUBLIC WORKS SPRING AND SUMMER PROJECTS REPORT

Gary Marks gave his presentation on Public Works spring and summer projects. Mr. Latta mentioned Public Works is prioritizing streets which are in moderately bad condition.

Councilor Collins asked if socio-economic status was considered when choosing which streets to repair. Mr. Marks replied there’s stratification of socio economic status among the streets which are scheduled to be repaired in stages one through three. Mr. Marks also mentioned stage three addresses streets in an area of town which may be comprised of many households with a lower socio-economic status.

OTHER: None.

ADJOURNMENT: 4:54 PM

Respectfully Submitted,

_______________________

Sam Kaufmann

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DALLAS PARKS AND RECREATION DISTRICT FORMATION COMMITTEE MINUTES

Tuesday, March 1, 2022

Dallas Aquatic Center

Chair Bob Tucker called the Dallas Parks and Recreation District Formation Committee to order on Tuesday, March 1, 2022, at 6:00 PM.

COMMITTEE MEMBERS PRESENT: Bob Tucker, Micky Garus, Denise Swanson, David Morelli, Jason Poulsen, Tyler Shockley and Michael Sonday.

COMMITTEE MEMBERS EXCUSED: Jon Woods

COMMITTEE MEMBERS ABSENT: Jason Poulsen arrived at 6:05 PM

ALSO PRESENT WERE: Parks and Recreation Manager Jennifer Ward, City Manager Brian Latta and City Recorder Sam Kaufmann

APPROVAL OF FEBRUARY 15, 2022 MINUTES

Micky Garus asked that Page 2, Line 1 of the February 15 Minutes be amended to read “Micky Garus asked to see additional information on the proposed consultant”

It was moved by Tyler Shockley to approve the minutes as amended. The motion was duly seconded by Micky Garus and CARRIED with a vote of 6-0 with members Tucker, Morelli, Shockley, Garus, Swanson and Sonday voting YES.

PUBLIC COMMENT

Dale Derouin commented he’s curious if it would be beneficial to add the Falls City School District to the Parks and Recreation District Boundary.

FINANCIAL SUMMARY/CURRENT BUDGETS

Jennifer Ward presented her staff report on the financial summary.

Brian Latta mentioned additional Parks Department and Aquatic Center staff will potentially be hired in the next fiscal year. Ms. Ward described some of the City’s current staffing challenges due to COVID.

THE PATH TO DISTRICT FORMATION – UPDATED TIMELINE

Jennifer Ward described the updated Committee Timeline.

Denise Swanson asked for a more detailed schedule for May through December of 2022.

Denise Swanson asked for the Formation Committee’s budget. Brian Latta replied the budget for the current fiscal year is approximately $30,000 and next year’s budget will be discussed at a later

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Dallas Parks and Rec. District Formation Committee Minutes March 1, 2022 Page 2

date.

GEOGRAPHIC BOUNDARIES OF DISTRICT

Jennifer Ward presented her staff report on geographic boundaries of the district.

The committee discussed the pros and cons of including both Falls City School District and Perrydale School District into the boundary of the Parks and Recreation District.

It was moved by Jason Poulsen to include Dallas School District and Perrydale School District into the Parks and Recreation District boundary with an option to amend the boundary after receiving polling data. The motion was duly seconded by Michael Sonday. Denise Swanson was strongly in favor of including Falls City School District into the Parks and Recreation District Boundary and was apprehensive to add School Districts based on their income. Micky Garus felt it’s important to know the proposed tax rate of the district before moving forward. Ms. Swanson was also in favor of a facilities maintenance contract which covered all park facilities within the district boundaries. Tyler Shockley felt we may be putting the cart before the horse and more data is needed before we draw district boundaries. David Morelli asked that City Staff inquire with the Falls City Council.

It was moved by Jason Poulsen to amend his motion to include Dallas School District, Falls City School District, and Perrydale School District into the boundary of the Parks and Recreation District for the purpose of polling. The motion was duly seconded by Michael Sonday and CARRIED with a vote of 7-0 with members Tucker, Morelli, Shockley, Garus, Poulson, Swanson and Sonday voting YES.

WHAT WILL THE DISTRICT OFFER?

Jennifer Ward presented the committee with bids from three polling companies.

Brian Latta mentioned he strongly supports hiring a polling company.

It was moved by Micky Garus to hire a polling consultant with a contract not to exceed $18,000. The motion was duly seconded by Michael Sonday. Denise Swanson felt $18,000 was not enough money to cover the cost of a polling consultant. Mr. Garus felt $18,000 was a fiscally responsible figure. A roll call vote was taken and the motion CARRIED with a vote of 4-3 with members Garus, Sonday, Tucker and Shockley voting YES and members Swanson, Poulsen and Morelli voting NO.

OTHER

Denise Swanson favored more involvement from the Falls City and Perrydale community during District Formation Committee Meetings.

ADJOURNMENT: 7:50 PM

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CITY OF DALLAS CITY COUNCIL STAFF REPORT

MEETING DATE: March 7, 2022

AGENDA ITEM NO. TOPIC: Parks Advisory Board Recommendation of Design for John

C. Barnard Memorial ParkPREPARED BY: Jennifer Ward, Parks and Recreation Manager, and Gary

Marks, Public Works Director APPROVED BY: City Manager

ATTACHMENTS: N/A. Presentation to be given.

RECOMMENDED ACTION: Approve the final design for John C. Barnard Park.

BACKGROUND: In 2018, the City Council accepted the conveyance of 2.5 acres at the corner of Academy St. and Fir Villa Rd. for development of a neighborhood park. In March 2019, Parks Supervisor, Eric Totten, proposed to the Building and Grounds Committee that the new park be named after longtime City employee, John C. Barnard. The Committee voted in favor of doing so. City Council approved the naming in April 2019.

The City hired Stangeland and Associates to lead the design work for the park, including three community meetings for public input, which were conducted over the course of the winter. The final design represents a collaborative vision representative of both Mr. Barnard’s family and the community that will enjoy use of the park. At the January meeting, community members in attendance voiced unanimous support for the final design and several letters of support have been received since. The design was presented to the Parks Advisory Board on February 16, which voted to recommend that City Council approve the park design. Once constructed, the park will feature play structures, a basketball court, covered picnic shelter, a pollinator meadow and a memorial to John Barnard, all connected by leisurely paths and open lawns.

SUMMARY TIMELINE: February 5, 2018 Conveyance of 2.5 acres to the City of Dallas for development of a park March 25, 2019 Proposal to name the park after John C. Barnard April 1, 2019 City Council approves naming November 30, 2021 Community Meeting #1 December 14, 2021 Community Meeting #2 January 19, 2022 Community Meeting #3 February 16, 2022 Design recommended by Parks Advisory Board

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March 7, 2022 Design presented to City Council

FISCAL IMPACT: Preliminary total project budget: $1,629,062.91, from Parks SDCs and OPRD Grant

DALLAS 2030 VISION IMPACT: 4.g. Dallas provides outstanding parks and new recreational facilities while protecting its naturalareas as the community grows and expands.

RECOMMENDED MOTION: I move to approve the design of John C. Barnard Memorial Park, as presented.

ATTACHMENTS: None. Presentation to be given.

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Barnard Park Park Board Presentation

2.16.22

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Community Meeting 1 Project Introduction, Outline, Visioning and GoalsTuesday, November 30, 2021

Community Meeting 2 Work SessionTuesday, December 14, 2021

Community Meeting 3 Initial Concept PresentationWednesday, January 19, 2022

Design Presentation – 1Present Preliminary Design, Discuss and RefineWednesday, February 16th

Design Presentation – 2 Present Design Revisions, Discuss and RefineTo Be Determined

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Meeting and Workshop Outlines – Where We are in the Process

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Committee Meeting 1 – Project Introduction, Outline, Visioning and GoalsTuesday, November 30, 2021

Introductions (Park Dedication, Committee, City Employees, Firm Profile,) 15 min• Who we are, what we do

Meeting and workshop outline 10 min• What is the process?• How will information be used?

Site Review 10 min• Existing conditions• Context

Solicit Site info from Community 30 min• What does the community value?• What elements most fit the community’s needs?• Where appropriate, what are your preferences?

Establish project parameters, goals 5 min• Next steps

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Park Dedication – In Memory of John C. Barnard

• John graduated from Dallas High School in 1967 andattended Oregon State University.

• John started working for the City of Dallas at age 18• In 1972 he became the city building inspector.• John became Fire Chief for the Dallas Volunteer Fire

Department in 1983.• He became the Director of Community Development

until he retired.• John continued working with local governments

including Dallas, Monmouth and Polk County withspecial projects including the Dallas Ambulance buildingand the Dallas Aquatic Center

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Park Dedication – Family’s Wishes

Parking

Memorial Garden

Play StructureDog Park

Splash Pad

Basketball Court

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Site Review – Existing Conditions

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Site Review – Meeting 1 Preferencing Boards

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Committee Meeting 2 – OutlineTuesday, December 14th, 2021

Welcome• Welcome Jennifer Ward• Park Dedication

Meeting and workshop outline• Where we are in the process

Site Review• Existing conditions• Context

Review of Site info from Community• Preferencing Boards Summary• Survey Summary• City Guidelines for Neighborhood Park

Site Analysis• Identify opportunities and constraints

Schematic Park Plans• 3 Conceptual Schematic Plans

Preliminary Budgeting• Based on 2019 park project

Preferencing

• Green Dots• Blue Dots• Red Dots• Additional Comments

Next Steps• Finalize Concept Plan

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SCHEMATIC DESIGN 1

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SCHEMATIC DESIGN 2

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SCHEMATIC DESIGN 3

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Johnny Diamond Park Example

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Johnny Diamond Park Example

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Johnny Diamond Park Example

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Park Budgeting

Johnny Diamond Park – 33,378 sf $275,000 Construction Cost = $8.23 / sf• Cost reflects the following:

Barnard Park is 82,483 sf area x $8.23 / sf = $678,835

IrrigationMainline, Backflow, Valves, ClockIrrigate lawnIrrigate plant beds

Drainage SwalesDig and re-gradeNew drain rock and bouldersNew plantings

LawnSoil prepTilling and rollingSeeding

PlantingSoil prepPlant materialLabor to plant

Concrete Paths / PaversForm work and concretePaver installationPaver edging

InfrastructureWater linesElectrical linesDrainage

Site PrepProject mobilizationLawn and plant removalRough grading

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Park Budgeting

Johnny Diamond Park – 33,378 sf $275,000 Construction Cost = $8.23 / sf• Cost DOES NOT reflect the following:

Amenities provided by community(7) Benches(2) Tables(5) GarbageBouldersSwing SetNature Play

StructureUnit costShippingInstallationFooting and Remaining Concrete Infill

Barnard Park is 82,483 sf area x $8.23 / sf = $678,835

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COMMUNITY INPUT – SCHEMATIC DESIGNS

• Mark your overall preference for one of the 3 plans

• Indicate your preference for specific elements

• Use Post-it notes to add comments

GREEN DOT = VERY DESIREABLE

BLUE DOT = SOMEWHAT DESIREABLE

RED DOT = NOT DESIREABLE

POST-IT NOTES = ADDITIONAL COMMENTS

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SCHEMATIC DESIGN 3

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SCHEMATIC DESIGN 3

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Scheme 3 Comments

o Flip half-court and covered structureo Move covered picnic area to memorial areao No soccer field. Potential berms in middleo Solid Fence. 8ft. (arrow to SE corner)o Memorial move to SE corner in bench area.o Full-court basketball in place of half-court and toward

slide.o Solid privacy fence in addition to berms and trees. (East

property line)o Please please make sure the kids have a place to play

“play nature”o Move covered structure closer to parking

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Scheme 3 Comments - Continued

o Having handicap parking in park. The rest of the parking to the street. There is at least 10 parking spots on street

o I am really concerned about not having a place for my young kids to play. This should not only be a quiet area but a good park for all ages. My kids deserve a place to enjoy nature!

o Can we reduce this (parking) to two accessible spots with the rest being street parking.

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SCHEMATIC DESIGN 4 SKETCH – Reflects feedback from Meeting 2

o Slight re-alignment of paths to provide room for full-court basketball, along with relocation of some elements.

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SCHEMATIC DESIGN 4 SKETCH – Reflects feedback from Meeting 2

o Enlarge parking to accommodate 4 total stallso Final decision on basketball court size will be made

at Parks Board/City Council level

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Barnard Park1.19.22

Public Visioning Workshop

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SCHEMATIC DESIGN 3

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FINAL SCHEMATIC DESIGN

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SCHEMATIC DESIGN 3

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FINAL SCHEMATIC DESIGN

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SCHEMATIC DESIGN 3

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FINAL SCHEMATIC DESIGN

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FINAL SCHEMATIC DESIGN

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FINAL SCHEMATIC DESIGN

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Barnard Park – Plant Palette

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Barnard Park – Plant Palette

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Barnard Park – Plant Palette

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Barnard Park – Plant Palette

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Barnard Park – Plant Palette

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Next Steps:

o Minor Revisionso Continue with Design Development

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THANK YOU !

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CITY OF DALLAS CITY COUNCIL STAFF REPORT

MEETING DATE: March 7, 2021

AGENDA ITEM NO. TOPIC: Report on the Expanded Water Storage Site Selection

Process PREPARED BY: Gary Marks, Public Works Director

APPROVED BY: City Manager

ATTACHMENTS: A - Presentation

RECOMMENDED ACTION: None at this time. For information only.

BACKGROUND: During the February 20, 2021 City Council Goal Setting Retreat the Council included a goal of achieving expanded raw water storage capacity for the community. After initial scoping discussions, the city contracted with Jacobs Engineering in April, 2021 to develop recommendations for selection of a site for expanded storage considering reservoir sizing, geologic evaluations, land use and permitting assessments, environmental impacts such as fisheries, and costs. Jacobs’s staff have met with city staff continuously since initiation of the site selection process to provide updates and receive input. A site selection recommendation is anticipated in April or May.

Craig Massie of Jacobs Engineering will report to the City Council on progress toward identifying a site along with the final issues to be resolved prior to making a recommendation this spring.

SUMMARY TIMELINE: City Council Goal Setting Retreat, February 20, 2021 City Council, March 7, 2022

FISCAL IMPACT: N/A

RECOMMENDED MOTION: None at this time. For information only.

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3/2/2022

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City of Dallas

Water Supply Expansion

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2018 Water Supply Study Update RecommendationsTwo potential impoundment sites:

• Upstream of Mercer Reservoir on Rickreall Creek

• Downstream and off Rickreall Creek, but using Rickreall Creek water, north of Ellendale Road

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Kickoff Meeting

Set basic criteria:

• Reservoir volume including

– Industrial allowance

– PSU population project window –2070

– Stream flow augmentation July ‐Oct

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Activities to date:

• Developed draft report addressing:

– Reservoir sizing

– Geologic Hazard Considerations, Dam Safety Considerations, Construction Considerations, 

– Wetlands and Waters

– ESA Listed Plants

– ESA Listed Animals

– Fish Passage

– Cultural Resources

– Land Use

– Potentially Applicable Permits and Approvals

• Dec 13 meeting with ODFW and NOAA Fisheries

• January 19 Meeting with ODFW Fish Passage Lead and Engineer

• January 31 call with District Biologist

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What did we learn?

• Dam can be constructed at all locations

• ESA issues can me managed

• Fish passage is essentially a given in any on‐Rickreall Creek configuration

• Fish passage at Mercer likely even with the off‐channel alternative

• Mercer Dam may require spillway improvements for PMF passage

• ODFW has not offered direction on a second reservoir up or downstream of Mercer at this time

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What next?

• If fish passage (and possibly spillway improvements) are going to be required at Mercer, would a single dam and reservoir be preferred?

– Would concentrate fish passage operations at one location

– May be lower cost than modifications at Mercer plus a new dam with fish passage

– Where to site:

• Upstream (would presumably require Mercer Dam removal)

• Downstream (would presumably require Mercer Dam removal)

• At existing Mercer (no dam removal)

• Off –channel (would presumably require Mercer Dam removal)

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Possible On Rickreall Creek locations for single dam/Reservoir

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Next Steps

• Meeting with ODFW biologist and fishpassage staff 3/8/2022

• Consider moving ahead with water rightsapplication

• Consider a Dallas funded fish study tosupport negotiations with fish agencies

• Determine preferred location

• Update cost estimate

• Finalize report

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CITY OF DALLAS CITY COUNCIL STAFF REPORT

MEETING DATE: March 7, 2022

AGENDA ITEM NO. TOPIC: Consider Adding Municipal Code Section 8.930 Relating to

Temporary Signs PREPARED BY: Brian Latta

APPROVED BY: City Manager

ATTACHMENTS: None

RECOMMENDED ACTION: Staff recommends adding Section 8.930 relating to temporary signs to the Dallas City Code.

BACKGROUND: On October 19, 2020, the City Council adopted Ordinance 1839, which implemented a new sign code for the City of Dallas. In part, the new ordinance made revisions to the regulations pertaining to temporary signs. Specifically, the following language regarding political signs was removed,

“Signs not exceeding six (6) square feet each in area, advocating for or against a candidate or measure on a national, state or local election ballot. These signs may be erected 60 days prior to an election and must be removed 7days after an election.”

This language was removed from the sign code, because it violates the content neutrality laws pertaining to signs permitted by a city. That Supreme Court ruling essentially says a city cannot regulate a sign based on the content of the sign.

When we removed the language regarding campaign signs from the sign code, we did not include any provisions that would allow temporary signs, such as campaign signs, or other messaging signs, such as the “Kindness Matters” signs that you can see around the city. City staff will initiate a development code text amendment process to rectify this issue. However, given that the primary election season is just around the corner, city staff expects that there will be a desire among candidates and for ballot measures to place campaign signs in the city. As such, staff recommends the City Council adopt an emergency ordinance to enable the placement of these temporary signs. The recommended municipal code language is as follows:

8.930 Temporary Signs. Notwithstanding Sections 3.6.010 through 3.6.140 of the Dallas Development Code, not more than

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three temporary signs, as defined in Section 3.6.030, not more than six square feet in area, each, may be erected on private property for a period of not more than ninety days, each.

As proposed, the new code language would enable a property owner to place up to three (3) temporary signs, no more than 6 sq. ft. in size, each, on their property for up to 90 days, each. Again, this ordinance is proposed as a stop-gap measure, because the process to amend the City’s development code can take 4-6 months and the need to allow temporary signs is immediate. This ordinance is proposed to be an emergency ordinance and may be approved in a single Council meeting, as described in the City Charter. The charter reads, the ordinance must first be read in full, then by title only, and the ordinance must pass by a unanimous vote of all the councilors present. SUMMARY TIMELINE: March 7, 2022 – City Council considers ordinance allowing temporary signs on private property. March 7, 2022 – City Council passes first and second reading, and adopts the ordinance. March 7, 2022 – Ordinance becomes effective immediately. FISCAL IMPACT: None RECOMMENDED MOTION: I move to approve of the proposed Municipal Code Section 8.930, subject to the adoption of an ordinance.

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CITY OF DALLAS CITY COUNCIL STAFF REPORT

MEETING DATE: March 7, 2022

AGENDA ITEM NO. TOPIC: Amending City Code Section 6.505 – 6.512

PREPARED BY: Brian Latta

APPROVED BY: City Manager

ATTACHMENTS: A – Redlined Version of Proposed Code Revisions

RECOMMENDED ACTION: Staff recommends the City Council approve the proposed code revisions.

BACKGROUND: City Code Sections 6.505 through 6.512 discuss abandoned and hazardous vehicles, the impounding of such vehicles, and conducting an inventory of items inside those vehicles when impounded.

Presently, the City Code requires all impounded vehicles to be inventoried by a police officer as soon as reasonably possible after impoundment. The inventory works well in the circumstance where the city impounds the vehicle at their own facility. This is because the city police officer has ease of access to the vehicle. It proves to be a bit more difficult when a vehicle is towed by a contractor and impounded at a privately owned facility. In these cases, the inventory generally needs to be accomplished on the street, prior to the vehicle being towed and impounded.

There is no legal requirement, other than our own city code, that the contents of an abandoned or hazardous vehicle be inventoried. Staff recognize a reason for inventorying the contents of a vehicle during impoundment is to reduce the liability of future claims against the city (e.g. stolen property from the vehicle while impounded). However, in the circumstance when a vehicle is towed and impounded by a contractor, this risk is very low.

Given the above, staff recommends amending City Code Sections 6.505 through 6.512 to make the inventorying of impounded vehicles permissive instead of mandatory. It also clarifies that for hazardous vehicles a law enforcement official may use their own personnel, equipment and facilities for towing and impounding, or may hire a private contractor for that purpose. Attachment A is a redlined copy of City Code Sections 6.505 through 6.512 showing the proposed revisions.

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SUMMARY TIMELINE: March 7, 2022 – City Council considers revisions to City Code Sections 6.505 through 6.512. March 7, 2022 – City Council passes the first reading of an ordinance to implement the proposed revisions. March 21, 2022 – City Council passes the second reading of an ordinance to implement the proposed revisions, and votes to adopt the ordinance. April 20, 2022 – If ordinance is adopted, it becomes effective on this date. FISCAL IMPACT: None. RECOMMENDED MOTION: I move to amend Dallas City Code Sections 6.505 through 6.512, as presented, subject to the adoption of an ordinance.

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6.505 Abandoned Vehicles Prohibited

1. No vehicle that a law enforcement officer has reasonable cause to believe is disabled or abandonedshall be parked or left standing on the right-of-way of a city street or alley or on city property for aperiod in excess of 72 hours.

2. A vehicle so parked or left standing may be towed and impounded and held at the expense of theowner or person entitled to possession of the vehicle. A law enforcement officer may usedepartment personnel, equipment and facilities for the removal and preservation of the vehicle, ormay hire other personnel, equipment and facilities for that purpose.

6.510 Impounding Hazardous Vehicles

1. On discovering a hazardous vehicle, a law enforcement officer may immediately cause the vehicleto be towed and impounded.

2. The owner of the vehicle shall be responsible for costs of towing and storing the vehicle.3. A law enforcement officer may use department personnel, equipment and facilities for the removal

and preservation of the vehicle, or may hire other personnel, equipment and facilities for that purpose.

6.512 Inventory Searches Of Impounded Vehicles A law enforcement officer may inventory a vehicle impounded under sections 6.505 and 6.510. The officer conducting the inventory shall make a written record of the condition of the vehicle and of any personal property located therein, including all self-contained items. Locked containers shall be inventoried as a singular item and shall not be forced open unless special circumstances exist that justify the opening of the container under the policy reasons set forth above. The glove box, the trunk, and all other closed compartments of the vehicle may be inspected, provided they are unlocked. Objects found within the vehicle shall be scrutinized only to the extent necessary to identify them. Once the inventory is completed, the vehicle shall be secured in a safe place.

Deleted: taken into custody by a law enforcement officerand shall be

Deleted: All impounded vehicles shall be inventoried by a police officer as soon as reasonably possible after the impoundment.

Deleted: which

Deleted: shall

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CITY OF DALLAS CITY COUNCIL STAFF REPORT

MEETING DATE: March 7, 2022 AGENDA ITEM NO. TOPIC: Budget Transfer Resolution 3480 PREPARED BY: Cecilia Ward APPROVED BY: City Manager ATTACHMENTS: A – Budget Transfer Resolution 3480

RECOMMENDED ACTION: Staff recommends approval of Budget Transfer Resolution 3480.

BACKGROUND: Oregon Budget Law allows for unanticipated changes to the budget throughout the fiscal year. ORS 294.463 allows for appropriation transfers which includes intra-and inter-fund transfers between appropriation categories and contingency transfers. Appropriation transfers require a budget resolution.

Following are the necessary budget transfers:

General Fund From: To: Purpose: Amount: Contingency Non-Departmental, Capital

Outlay-ARPA Projects Professional services related to the La Creole Node Master Plan Update

$150,000

SUMMARY TIMELINE: 06/21/21 Council meeting, the Council approved Resolution No. 3466 adopting the 2021-2022 City of Dallas budget making budgeted appropriations, and levying taxes for the fiscal year. 03/07/22 City Council will consider budget transfer resolution.

FISCAL IMPACT: Appropriation impact:

General Fund Decrease Operating Contingencies from $3,306,000 to $3,156,000 Increase Non-departmental – Capital Outlay – ARPA Projects from $0 to $150,000

RECOMMENDED MOTION: NA – Adoption of Budget Transfer Resolution 3480 accomplished with roll call vote

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RESOLUTION NO. 3480

A Resolution authorizing the transfer of budgetary funds.

WHEREAS, it is necessary to transfer the appropriation authority of $150,000 from the General Fund, Contingency, to Non-Departmental, Capital Outlay-ARPA Projects, for unanticipated professional services related to the La Creole Node Master Plan Update project,

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

Section 1. That the City Manager be, and he hereby is, authorized and directed to transfer the appropriation authority of $150,000 from the General Fund, Contingency, to Non-Departmental, Capital Outlay-ARPA Projects,

Section 2. This Resolution shall be effective upon its passage.

Adopted: March 7, 2022 Approved: March 7, 2022

________________________________ BRIAN W. DALTON, MAYOR

ATTEST: APPROVED AS TO FORM:

____________________________________ BRIAN LATTA, CITY MANAGER LANE P. SHETTERLY, CITY ATTORNEY

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CITY OF DALLAS CITY COUNCIL STAFF REPORT

MEETING DATE: March 7, 2022

AGENDA ITEM NO. TOPIC: Resolution No 3481 Authorizing Application for Oregon

Parks and Recreation Department Local Government Grant – Rehabilitation/Small Project

PREPARED BY: Jennifer Ward, Parks and Recreation Manager, and Gary Marks, Public Works Director

APPROVED BY: City Manager

ATTACHMENTS: A: Resolution No 3481

RECOMMENDED ACTION: Approve the resolution granting the city manager, or the city manager’s designee, to sign and submit an application for an Oregon Parks and Recreation Department Local Government Grant for the replacement of the Japanese Garden pedestrian bridge.

BACKGROUND: The Japanese Garden in Dallas was built in the 1960s by Art Higashi, a local Japanese American businessman. By the 2000s, the garden had become overgrown and fallen into disrepair. In 2010, a redesign proposal was organized by the Parks Board, local residents and Kurisu International, a company specializing in Japanese landscape design. Lack of funding prevented the redesign from ever being implemented. Replacement of the deteriorated and unsafe wooden pedestrian bridge with an engineered fiberglass bridge represents the first step in restoring the Japanese Garden.

Staff seeks to pursue an Oregon Parks and Recreation Department Local Government Grant to provide funds to purchase and install an engineered fiberglass pedestrian bridge to replace the deteriorated wooden bridge which was removed earlier this year. General Fund dollars will be provided as match for the grant.

SUMMARY TIMELINE: 2010 City commissions garden redesign by Kurisu International January 2022 Deteriorated wooden pedestrian bridge is removed by Parks crew for

safety reasons May 1, 2022 OPRD LGGP Rehabilitation/Small Project grant proposal due September/October 2022 Grants awarded and Notice to Proceed Letters processed

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FISCAL IMPACT: The City’s ORPD LGGP Rehabilitation/Small Project grant proposal requests $18,000 in funding to offset the estimated purchase, engineering and installation costs of $30,000.

DALLAS 2030 VISION IMPACT: 4.g. Dallas provides outstanding parks and new recreational facilities while protecting its naturalareas as the community grows and expands.

RECOMMENDED MOTION: I move to approve the resolution authorizing submission of a grant application to Oregon Parks and Recreation Department for a Local Government Grant to replace the Japanese Garden pedestrian bridge.

ATTACHMENTS: A: Resolution No 3481

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RESOLUTION 3481 1

RESOLUTION NO. 3481

A resolution approving the application for an Oregon Parks and Recreation Department Local Government Grant for the replacement of the Japanese Garden pedestrian bridge, and authorizing the City Manager or the City Manager’s designee to sign and submit the application.

WHEREAS, the Oregon Parks and Recreation Department is accepting applications for the Local Government Grant Program, administered by the Department; and

WHEREAS, the City of Dallas desires to participate in this grant program to the greatest extent possible as a means of providing needed park and recreation acquisitions, improvements and enhancements; and

WHEREAS, the City has identified the Japanese Garden in Dallas City Park as a high priority need in Dallas; and

WHEREAS, the Japanese Garden in Dallas was built in the 1960s by Art Higashi, a local Japanese American businessman. By the 2000s, the garden had become overgrown and fallen into disrepair. In 2010, a redesign proposal was organized by the Parks Board, local residents and Kurisu International, a company specializing in Japanese landscape design. Lack of funding prevented the redesign from ever being implemented. Replacement of the deteriorated and unsafe wooden pedestrian bridge with an engineered fiberglass bridge represents the first step in restoring the Japanese Garden; and

WHEREAS, the City has available local matching funds to fulfill its share of obligation related to this grant application should the grant funds be awarded; and

WHEREAS, the City will provide adequate funding for on-going operations and maintenance of this park and recreation facility should the grant funds be awarded; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DALLAS AS FOLLOWS:

Section 1 The City Council demonstrates its support for the submittal of a grant application to the Oregon Park and Recreation Department for replacement of the Japanese Garden pedestrian bridge, and authorizes the City Manager, or the City Manager’s designee, to submit the application for the grant.

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RESOLUTION 3481 2

Section 2. This resolution shall be effective upon its passage.

Adopted: Approved:

____________________________________ BRIAN W. DALTON, MAYOR

ATTEST: APPROVED AS TO FORM:

_____________________________ ____________________________________ BRIAN LATTA, LANE P. SHETTERLY, CITY MANAGER CITY ATTORNEY

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CITY OF DALLAS CITY COUNCIL STAFF REPORT

MEETING DATE: March 7, 2022

AGENDA ITEM NO. TOPIC: Resolution No 3482 Authorizing Application for Oregon

Parks and Recreation Department Local Government Grant – Large Project

PREPARED BY: Jennifer Ward, Parks and Recreation Manager; and Gary Marks, Public Works Director

APPROVED BY: City Manager

ATTACHMENTS: A: Resolution No 3482

RECOMMENDED ACTION: Approve the resolution granting the city manager, or the city manager’s designee, authority to sign and submit an application for an Oregon Parks and Recreation Department Local Government Grant for the construction of John C. Barnard Memorial Park.

BACKGROUND: In 2018, the City Council accepted the conveyance of 2.5 acres at the corner of Academy St. and Fir Villa Rd. for development of a neighborhood park. In March 2019, Parks Supervisor, Eric Totten, proposed to the Building and Grounds Committee that the new park be named after longtime City employee, John C. Barnard. The Committee voted in favor of doing so. City Council approved the naming in April 2019.

John C. Barnard Memorial Park will provide green space and outdoor recreation opportunities in the eastern part of the city where these amenities are lacking and where sustained residential growth is occurring. Once constructed, the park will feature play structures, a basketball court, covered picnic shelter, a pollinator meadow and a memorial to venerable Dallas resident, John C. Barnard, all connected by leisurely paths and open lawns.

The City hired Stangeland and Associates to lead the design work for the park, including three community meetings for public input, which were conducted over the course of the winter. The final design represents a collaborative vision representative of both Mr. Barnard’s family and the community that will enjoy use of the park.

Staff seeks to pursue an Oregon Parks and Recreation Department Local Government Grant to provide funds for construction of Barnard Park. Parks System Development Funds will be provided as match for the grant.

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SUMMARY TIMELINE: February 5, 2018 Conveyance of 2.5 acres to the City of Dallas for development of a park March 25, 2019 Proposal to name the park after John C. Barnard April 1, 2019 City Council approves naming November 30, 2021 Community Meeting #1 December 14, 2021 Community Meeting #2 January 19, 2022 Community Meeting #3 February 16, 2022 Final design presented to the Parks Board March 7, 2022 Final design presented to City Council April 1, 2022 OPRD LGGP Large Project grant proposal due June 2022 Staff present grant proposal to LGGP Advisory Committee September/October 2022 Grants awarded and Notice to Proceed Letters processed FISCAL IMPACT: The City’s ORPD LGGP grant proposal requests $750,000 in funding to offset the estimated total construction cost of $1,629,062.91. DALLAS 2030 VISION IMPACT: 4.g. Dallas provides outstanding parks and new recreational facilities while protecting its natural areas as the community grows and expands. RECOMMENDED MOTION: I move to approve the resolution authorizing submission of a grant application to Oregon Parks and Recreation Department for a Local Government Grant to construct John C. Barnard Memorial Park. ATTACHMENTS: A: Resolution No 3482

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RESOLUTION 3482 1

RESOLUTION NO. 3482

A resolution approving the application for an Oregon Parks and Recreation Department Local Government Grant for the construction of John C. Barnard Memorial Park, and authorizing the City Manager or the City Manager’s designee to sign and submit the application.

WHEREAS, the Oregon Parks and Recreation Department is accepting applications for the Local Government Grant Program, administered by the Department; and WHEREAS, the City of Dallas desires to participate in this grant program to the greatest extent possible as a means of providing needed park and recreation acquisitions, improvements and enhancements; and WHEREAS, the City has identified John C. Barnard Memorial Park as a high priority need in Dallas; and WHEREAS, John C. Barnard Memorial Park will provide green space and outdoor recreation opportunities in a part of Dallas where these amenities are lacking. The approximately 2.5 acre park is located in the eastern part of the city where sustained residential growth is occurring. Once constructed, the park will feature play structures, a basketball court, covered picnic shelter, a pollinator meadow and a memorial to venerable Dallas resident, John C. Barnard, all connected by leisurely paths and open lawns; and WHEREAS, the City has available local matching funds to fulfill its share of obligation related to this grant application should the grant funds be awarded; and WHEREAS, the City will provide adequate funding for on-going operations and maintenance of this park and recreation facility should the grant funds be awarded; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DALLAS AS FOLLOWS: Section 1 The City Council demonstrates its support for the submittal of a grant application to the Oregon Park and Recreation Department for construction of John C. Barnard Park, and authorizes the City Manager, or the City Manager’s designee, to submit the application for the grant.

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RESOLUTION 3482 2

1. Section 2. This resolution shall be effective upon its passage.

Adopted: Approved: ____________________________________ BRIAN W. DALTON, MAYOR ATTEST: APPROVED AS TO FORM: _____________________________ ____________________________________ BRIAN LATTA, LANE P. SHETTERLY, CITY MANAGER CITY ATTORNEY

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CITY OF DALLAS CITY COUNCIL STAFF REPORT

MEETING DATE: AGENDA ITEM NO. TOPIC: PREPARED BY: APPROVED BY: ATTACHMENTS:

RECOMMENDED ACTION: Staff recommends adopting the proposed ordinance.

BACKGROUND: City Council approved adding Section 8.930 to the Dallas Municipal Code, subject to the adoption of an ordinance. Attachment A is the proposed ordinance effecting that change.

The ordinance is proposed to be an emergency ordinance and may be approved in a single Council meeting, as described in the City Charter. The charter reads, the ordinance must first be read in full, then by title only, and the ordinance must pass by a unanimous vote of all the councilors present.

SUMMARY TIMELINE: March 7, 2022 – City Council considered ordinance relating to temporary signs. March 7, 2022 – City Council passes first and second reading, and adopts the ordinance. March 7, 2022 – Ordinance becomes effective immediately.

FISCAL IMPACT: None

RECOMMENDED MOTION: N/A – Ordinances are subject to a roll call vote.

March 7, 2022 9a, 10d

Adoption of an Ordinance Relating to Temporary Signs Brian Latta

City Manager A – Proposed Ordinance No. 1870

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Ordinance 1

ORDINANCE NO. 1870

An Ordinance adopting a new provision relating to temporary signs; and declaring an emergency.

THE CITY OF DALLAS DOES ORDAIN AS FOLLOWS:

Section 1. The following provision is added to and made a part of chapter 8 of the Dallas City Code.

8.930 Temporary Signs. Notwithstanding Sections 3.6.010 through 3.6.140 of the Dallas Development Code, not more than three temporary signs, as defined in Section 3.6.030, not more than six square feet in area, each, may be erected on private property for a period of not more than ninety days, each.

Section 2. This ordinance being necessary for the health, safety and welfare of the public, an emergency is declared and this ordinance shall take effect upon passage by the council and approval by the mayor.

Read for the first time: March 7, 2022 Read for the second time: March 7, 2022 Passed by the City Council: March 7, 2022 Approved by the Mayor: March 7, 2022

___________________________________ BRIAN W. DALTON, MAYOR

ATTEST: APPROVED AS TO FORM:

______________________________ ________________________________ BRIAN LATTA , LANE P. SHETTERLY, CITY CITY MANAGER ATTORNEY

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CITY OF DALLAS CITY COUNCIL STAFF REPORT

MEETING DATE: March 7, 2022

AGENDA ITEM NO. TOPIC: First Reading of Ordinance Relating to Abandoned and

Hazardous Vehicles PREPARED BY: Brian Latta

APPROVED BY: City Manager

ATTACHMENTS: A – Proposed Ordinance No.1871

RECOMMENDED ACTION: Staff recommends the City Council adopt Ordinance No. 1871

BACKGROUND: The City Council considered revising Sections 6.505 through 6.512 of Dallas City Code on March 7, 2022. The Council approved of the proposed revisions, subject to adoption of an ordinance.

The proposed ordinance is found as Attachment A.

SUMMARY TIMELINE: March 7, 2022 – City Council considers revisions to City Code Sections 6.505 through 6.512. March 7, 2022 – City Council passes the first reading of an ordinance to implement the proposed revisions. March 21, 2022 – City Council passes the second reading of an ordinance to implement the proposed revisions, and votes to adopt the ordinance. April 20, 2022 – If ordinance is adopted, it becomes effective on this date.

FISCAL IMPACT: None.

RECOMMENDED MOTION: N/A – Ordinance scheduled for first reading.

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ORDINANCE 1

ORDINANCE NO. _______

An Ordinance amending provisions of Dallas City Code sections 6.505, 6.510 and 6.512, relating to abandoned and hazardous vehicles.

THE CITY OF DALLAS DOES ORDAIN AS FOLLOWS: Section 1. Dallas City Code Section 6.505 is amended and restated in its entirety as follows: 6.505 Abandoned Vehicles Prohibited

1. No vehicle that a law enforcement officer has reasonable cause to believe is disabled or abandoned shall be parked or left standing on the right-of-way of a city street or alley or on city property for a period in excess of 72 hours.

2. A vehicle so parked or left standing may be towed and impounded and held at the expense of the owner or person entitled to possession of the vehicle. A law enforcement officer may use department personnel, equipment and facilities for the removal and preservation of the vehicle, or may hire other personnel, equipment and facilities for that purpose.

Section 2. Dallas City Code Section 6.510 is amended and restated in its entirety as follows: 6.510 Impounding Hazardous Vehicles

1. On discovering a hazardous vehicle, a law enforcement officer may immediately cause the vehicle to be towed and impounded.

2. The owner of the vehicle shall be responsible for costs of towing and storing the vehicle.

3. A law enforcement officer may use department personnel, equipment and facilities for the removal and preservation of the vehicle, or may hire other personnel, equipment and facilities for that purpose.

Section 3. Dallas City Code Section 6.512 is amended and restated in its entirety as follows: 6.512 Inventory Searches Of Impounded Vehicles A law enforcement officer may inventory a vehicle impounded under sections 6.505 and 6.510. The officer conducting the inventory shall make a written record of the condition of the vehicle and of any personal property located therein, including all self-contained items. Locked containers shall be inventoried as a singular item and shall not be forced open unless special circumstances exist that justify the opening of the container under the policy reasons set forth above. The glove box, the trunk, and all other closed compartments of the vehicle may be inspected, provided they are unlocked. Objects

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ORDINANCE 2

found within the vehicle shall be scrutinized only to the extent necessary to identify them. Once the inventory is completed, the vehicle shall be secured in a safe place. Read for the first time: March 7, 2022 Read for the second time: March 21, 2022 Passed by the City Council: March 21, 2022 Approved by the Mayor: March 21, 2022

___________________________________ BRIAN W. DALTON, MAYOR ATTEST: APPROVED AS TO FORM: ______________________________ ________________________________ BRIAN LATTA , LANE P. SHETTERLY, CITY CITY MANAGER ATTORNEY

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CITY OF DALLAS CITY COUNCIL STAFF REPORT

MEETING DATE: AGENDA ITEM NO. TOPIC: PREPARED BY: APPROVED BY: ATTACHMENTS:

March 7, 2022

Animal Control Ordinance Amendment Chief Tom Simpson

City Manager A – Proposed Ordinance No.1867

RECOMMENDED ACTION Pass second reading of Ordinance 1867 and vote to adopt.

BACKGROUND: At the February 22, 2022 Council meeting, the Council passed its first reading of Ordinance 1867. It is now scheduled for its second reading and adoption.

SUMMARY TIMELINE: • October 25, 2021 – Initial report to Public Safety Committee• December 10, 2021 – Phone Discussion with Public Safety Committee Chair Hahn• January 3, 2022 – City Council voted to discontinue the city’s animal Control Program.• February 22, 2022 – First reading of ordinance to amend and repeal certain sections of

the Dallas City Code related to animal control• March 7, 2022 – Second reading of ordinance; vote to adopt.

FISCAL IMPACT: • No additional impact.

RECOMMENDED MOTION: Allow ordinance to pass the second reading, and vote to adopt.

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ORDINANCE 1867 1

ORDINANCE NO. 1867

An Ordinance amending provisions of the Dallas City Code Section 5.386, relating to animals.

THE CITY OF DALLAS DOES ORDAIN AS FOLLOWS:

Section 1. Dallas City Code Section 5.000 is hereby amended to read as follows:

5.380 Dogs At Large

1. No owner or custodian of a dog shall permit the dog to run loose or be at large.2. The owner or custodian of an unspayed female dog shall keep the dog confined

within an enclosure inaccessible to other dogs during the female dog’s oestrualperiod.

3. The owner or custodian of a dog shall keep the dog on a leash and under directcontrol when the dog is not on the private property of the owner or custodian.

4. A police officer or dog control officer may impound a dog found to be loose orrunning at large.

5. Sections (1) and (3) shall not apply in any enclosed area of a city park officiallydesignated as an off-leash dog park.

6. Violation of this section is a civil infraction, subject to a minimum bail amount of$142, except as provided below:

1. For a second or successive violation of this section within a six-monthperiod, or if the dog has engaged in menacing behavior while at large, theminimum bail amount shall be $242. For the purpose of this subparagraph,“menacing” behavior means lunging, growling, snarling or other behaviorthat would cause a reasonable person to fear for the person’s safety.

2. If the dog has attacked, bit or otherwise injured any person or otherdomestic animal while at large, the minimum bail amount shall be $427.

Section 2. Dallas City Code Section 5.386 is hereby amended to read as follows:

5.386 Wild Animals

1. Except as provided in subsections (3) and (4), no person shall feed or keep incaptivity within the city a carnivorous wild animal, deer, or wild bird.

2. As used in this section:1. “Carnivorous wild animal” means an animal that is not by custom devoted

to the service of mankind at the time and in the place in which it is kept.Carnivorous wild animals include, but are not limited to, wolves, coyotes,

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ORDINANCE 1867 2

bobcats, bears, foxes, cougars, and any hybrid animal which has any degree of such wild carnivorous animals.

2. “Wild bird” means duck, goose, merganser, coot, snipe, band-tailed pigeon,dove, pheasant, quail, partridge, grouse, or wild turkey.

3. “Feed” means to place or allow to be placed, in any manner, food or otherattractants with the intent of attracting or feeding carnivorous wild animals,deer or wild birds.

3. The provisions of this section do not apply to the owners of a circus, tent show, orcarnival that is licensed by the city.

4. The Council may grant an exemption to this section under the followingprocedures:

1. An applicant shall file a request for an exemption which includes thefollowing:

1. Type of animal;2. A recent photograph of the animal;3. Where it will be located;4. Whether its location in the city will be temporary or permanent;5. Whether it has bitten, attacked, or otherwise harmed any person;6. What steps will be taken to insure the public safety;7. Proof of adequate liability insurance if the animal harms a person or

property;8. A certification from a licensed veterinarian that the animal has

received all necessary inoculations, including, but not limited to,rabies; and

9. A filing fee in an amount set by resolution of the Council.2. The Council shall thereafter hold a public hearing on the request for an

exemption, after giving notice to the same property owners who wouldreceive notice of a land use hearing relating to the premises where theanimal would be located, not less than ten days in advance of the publichearing.

3. At the conclusion of the public hearing, the Council shall grant theexemption, grant the exemption with conditions, or deny the exemption.

4. A failure to continually abide by and maintain any conditions imposed bythe Council is a violation of this section.

5. Except as provided in subsections 6 and 7, below, a violation of this section, upona first offense, shall constitute a civil infraction.

6. Except as provided in subsection 7, below, a violation of this section upon thesecond and any subsequent offense shall constitute a Class C misdemeanor.

7. If a carnivorous wild animal is unlawfully in the city and that animal injures aperson the violation shall constitute a Class B misdemeanor.

Section 3. Dallas City Code Sections 5.382, 5.384, 5.387 and 5.388 are repealed.

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ORDINANCE 1867 3

Read for the first time: February 22, 2022 Read for the second time: March 7, 2022 Passed by the City Council: March 7, 2022 Approved by the Mayor: March 7, 2022

____________________________________ BRIAN W. DALTON, MAYOR

ATTEST: APPROVED AS TO FORM:

______________________________ ______________________________ BRIAN LATTA, LANE P. SHETTERLY, CITY CITY MANAGER ATTORNEY

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MEETING DATE:

AGENDA ITEM NO.

TOPIC:

PREPARED BY:

APPROVED BY:

ATTACHMENTS:

RECOMMENDED ACTION: Approve second reading of a draft Ordinance.

BACKGROUND:

On January 19, 2022, the Council voted to approve the request of the applicant to change

the zoning of the property. The attached draft Ordinance, prepared by the City Attorney,

reflects this decision.

RECOMMENDED MOTION: I move to approve the Ordinance.

ATTACHMENTS:

1. Draft Ordinance with Exhibits.

CITY OF DALLAS

CITY COUNCIL

STAFF REPORT

MARCH 7, 2022

10bSECOND READING OF AN ORDINANCE AMENDING THE DALLAS ZONING MAP CHANGING THE ZONE OF CERTAIN REAL

PROPERTY TO NEIGHBORHOOD COMMERCIAL (#ZC-21-03)

Chase Ballew, City Planner

Brian Latta, City Manager

Draft Ordinance with Exhibits

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ORDINANCE 1868 1

ORDINANCE NO. 1868

An Ordinance changing the zoning designation of a parcel of real property owned by Dallas Medical Building, LLC from Residential High Density to Neighborhood Commercial.

WHEREAS, Praxis Health and the above-named owner, Dallas Medical Building, LLC, submitted a zone change application to the City requesting that the zoning designation of the real property located at and commonly known as 547 SE Clay Street, Dallas, Oregon, be changed from Residential High Density to Neighborhood Commercial; and WHEREAS, after due notice, on December 14, 2021, the Dallas Planning Commission held a public hearing on the application and at the conclusion thereof recommended to the City Council that the application be granted; and WHEREAS, after due notice, on January 18, 2022, the Dallas City Council held a public hearing on the application and at the conclusion thereof found that there was substantial evidence that the application met the requirements of the Dallas Comprehensive Plan and Zoning and Development Code, and that the application should be granted; NOW, THEREFORE, THE CITY OF DALLAS DOES ORDAIN AS FOLLOWS: Section 1. The zoning designation of the real property located and commonly known as 547 SE Clay Street, Dallas, Oregon, is hereby changed from Residential High Density to Neighborhood Commercial, as shown on the map attached hereto as Exhibit 1, and by reference incorporated herein. Section 2. The Findings and Conclusions set forth in the staff report on this matter, submitted into the record herein on January 18, 2022, by reference incorporated herein, are hereby adopted and approved as the Findings and Conclusions in support of this zone change. Read for the first time: February 22, 2022 Read for the second time: March 7, 2022 Passed by the City Council: March 7, 2022 Approved by the Mayor: March 7, 2022 _______________________________ BRIAN W. DALTON, MAYOR

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ORDINANCE 1868 2

ATTEST: APPROVED AS TO FORM: _________________________________ __________________________________ BRIAN LATTA, LANE P. SHETTERLY CITY MANAGER CITY ATTORNEY

EXHIBIT 1

SE

LE

WIS

ST

SE ASH ST

SE

UG

LO

W A

VE

SE

LY

LE

ST

SE

LE

WIS

ST

SE ASH ST

SE

UG

LO

W A

VE

SE

LY

LE

ST

OLD

ZONING

NEW

ZONING

RH Residential High Density CN Neighborhood Commercial

RL Residential Low Density

Subject Property

SE CLAY ST

SE CLAY ST

RH

RM

RL

CN

RH

RM

RL

CN

SE WASHINGTON ST

SE WASHINGTON ST

RM Residential Medium Density

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ORDINANCE NO. 1869

An Ordinance amending Dallas City Code Section 5.458, relating to obnoxious vegetation abatement. THE CITY OF DALLAS DOES ORDAIN AS FOLLOWS: Section 1. Dallas City Code Section 5.458 is hereby amended and restated in its entirety as follows: 5.458 Abatement By The City

1. If, within the time permitted by section 5.456, the obnoxious vegetation has not been abated by the owner or person in charge of the property, the city manager shall cause the obnoxious vegetation to be abated.

2. The officer charged with abatement shall have the right to enter into or upon any property at reasonable times to investigate or cause the removal of the obnoxious vegetation, provided, if the officer is denied entry to the property, the officer may apply for an administrative warrant pursuant to sections 2.880 to 2.888.

3. The charge for abatement shall be set by resolution of the city council. 4. The total amount of the cost of abatement shall be assessed to the property.

Read for the first time: February 22, 2022 Read for the second time: March 7, 2022 Adopted by the City Council: March 7, 2022 Approved by the Mayor: March 7, 2022 __________________________________________ BRIAN W. DALTON, MAYOR ATTEST: APPROVED AS TO FORM: ______________________________ ________________________________ BRIAN LATTA, LANE P. SHETTERLY, CITY CITY MANAGER ATTORNEY

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CITY OF DALLAS CITY COUNCIL STAFF REPORT

MEETING DATE: AGENDA ITEM NO. TOPIC: PREPARED BY: APPROVED BY: ATTACHMENTS:

March 7, 2022 10cAdoption of Ordinance 1869 Brian Latta

City Manager A – Proposed Ordinance No.1869

RECOMMENDED ACTION: Pass second reading of Ordinance 1869, and vote to adopt.

BACKGROUND: On February 22, 2022, the City Council approved amending Dallas City Code 5.458, and allowed Ordinance 1869 to pass its first reading.

The ordinance is now scheduled for its second reading, and vote for adoption.

SUMMARY TIMELINE: 02/22/2022 – City Council considers the proposed ordinance and passes its first reading. 03/07/2022 – City Council considers the proposed ordinance, passes its second reading, and votes to adopt the ordinance. 04/06/2022 – The proposed ordinance becomes effective.

FISCAL IMPACT: None.

RECOMMENDED MOTION: N/A – Ordinance scheduled to pass its second reading, and vote for adoption.

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