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City Council Minutes - 12/08/2015 W4 City of Tigard Tigard City Council Meeting Agenda December 8, 2015 STUDY SESSION Council Present: Mayor Cook,Councilor Woodard,Councilor Henderson,Council President Snider and Councilor Goodhouse. Staff present: Assistant City Manager Newton and City Recorder Krager. EXECUTIVE SESSION—At 6:30 p.m. Mayor Cook announced that the Tigard City Council would enter into Executive Session to discuss exempt public records,under ORS 192.660 (2) (f). The Executive Session ended at 7:14 p.m. COUNCIL LIAISON REPORTS—Councilor Henderson reported on a Tigard Turns the Tide meeting where new youth programs and the development of a community coalition were discussed. They would like to work with the city on this. Mayor Cook and Councilor Goodhouse said the Holiday Tree Lighting was very well attended. Mayor Cook attended the ODOT ACT meeting for Area 1 and saw the rollout of the statewide Bike and Pedestrian Plan which is entering the public comment phase. He also attended a Washington County Coordinating Committee meeting discussion on future road connections Administrative Items — • Save the date: January 5 CCDA is cancelled but in its place council training and goal setting have been scheduled at the Fanno Creek House.Let City Manager Wine know of weekend morning availability in March or April for a spring council outreach at the Jack Park Community Garden or TVF&R Station 50. • Council was reminded that when distributing material to other councilors or staff during council meetings to please bring enough copies for everyone,including the City Recorder, so she can add a copy to the record. • Community Development is hosting a meet and greet for Tigard's Hispanic community Wednesday night,December 9,at the Library Community Room. • Diversity Training is available for council and anyone interested should let City Manager Wine know. 1. BUSINESS MEETING IR A. At 7:36 p.m. Mayor Cook called to order the City Council and Local Contract Review Board meeting. TIGARD CITY COUNCIL MEETING MINUTES—December 8,2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigud-or.gov I Page 1 of 11 B. City Recorder Krager called the roll. Present Absent Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance D. Mayor Cook asked if there were any Non-Agenda items. There were none. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B. ® Tigard High School Envoy—Envoy Azbari gave an update on recent activities at Tigard High School. Students are making a difference in the community by rallying behind Team Dom,a local mother suffering from brain cancer. Students have sold shirts and donated proceeds from a walk. She said the Sparrow Club annually adopts an ill child in the community and raises money and offers support through fundraisers. The Sparrow this year is Holly,who suffers from cancer. There is a Student of the Month display on display in their main hall that will recognize a hard working student each month. The Tigerette dance team is undefeated this fall season. The National Honor Society began a blanket drive. Upcoming events include the senior citizens prom and a THS leadership program where the students adopt needy families within the district and provide them with holiday gifts. Councilor Goodhouse commented that the holiday craft fair went well. C. Tigard Area Chamber of Commerce—CEO Debi Mollahan will give her update in January. D. Citizen Communication— No one signed up to speak. 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) A. RECEIVE AND FILE: ELECTION RESULTS, COUNCIL CALENDAR AND TENTATIVE AGENDA B. Local Contract Review Board: 1. CONSIDER CONTRACT AWARD FOR UTILITY BILLING MAILING SERVICES TIGARD CITY COUNCIL MEETING MINUTES—December 8,2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 2 of 11 2. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AN IGA WITH METRO FOR THE MAINTENANCE OF A TRAIL EASEMENT Councilor Goodhouse moved for approval of the consent agenda. Councilor Woodard seconded the motion. Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Mayor Cook announced that the consent agenda passed unanimously. 4. CONSIDER RESOLUTION TO APPOINT AUDIT COMMITTEE MEMBERS Finance and Information Services Director LaFrance gave the staff report and a short biography on the new members. Councilor Henderson moved to approve Resolution No. 15-53 and Councilor Goodhouse seconded the motion. Mayor Cook asked City Recorder Krager to read the number and title of the Resolution and he conducted a vote. The motion passed unanimously. Resolution No. 15-53—A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON APPOINTING JULIE PLOTZ AS A VOTING MEMBER AND DREW BISENIUS AS AN ALTERNATE TO THE AUDIT COMMITTEE Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Both new members were present and Mayor Cook presented them with City of Tigard pins. He thanked Audit Committee member Plotz for her previous work on the Budget Committee. 5. CONSIDER RESOLUTION TO APPOINT BUDGET COMMITTEE MEMBERS Finance and Information Services Director LaFrance gave the staff report and a brief biography of the new members. Councilor Goodhouse moved to approve Resolution No. 15-54 and Council President Snider seconded the motion. TIGARD CITY COUNCIL MEETING MINUTES—December 8, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 3 of 11 Mayor Cook asked City Recorder Krager to read the number and title of the Resolution and conducted a vote. Resolution No. 15-54 passed unanimously. Resolution No. 15-54—A RESOLUTION APPOINTING QUINTON HAROLD AND NATHAN RIX TO THE BUDGET COMMITTEE AND APPOINTING THOMAS SCHWEIZER AS AN ALTERNATE MEMBER Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Budget Committee Member Harold was present and Mayor Cook presented him with a City of Tigard pin. 6. CONSIDER RESOLUTION TO APPOINT PLANNING COMMISSION MEMBERS Assistant Community Development Director McGuire gave the staff report Two current Planning Commissioners are being reappointed,Calista Fitzgerald and Donald Schmidt. Gary Jelinek and Brian McDowell will fill two open terms.Tom Mooney was reappointed as a non- voting alternate member. Councilor Woodard moved to approve Resolution 15-55. Councilor Henderson seconded the motion. Mayor Cook asked City Recorder Krager to read the number and title of the resolution and conducted a vote. He announced that Resolution 15-55 was approved unanimously. Resolution No. 15-55—A RESOLUTION REAPPOINTING CALISTA FITZGERALD AND DONALD SCHMIDT,AND APPOINTING BRIAN MCDOWEI.L AND GARY JELINEK AS VOTING MEMBERS OF THE TIGARD PLANNING COMMISSION, AND REAPPOINTING TOM MOONEY AS AN ALTERNATE,NON-VOTING MEMBER Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Mayor Cook presented Planning Commissioners Mooney and Schmidt with a City of Tigard pin. TIGARD CITY COUNCIL MEETING MINUTES—December 8, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 4 of 11 7 COUNCIL RESOLUTION TO APPOINT TRANSPORTATION ADVISORY COMMITTEE MEMBERS Senior Transportation Planner Brown gave the staff report on appointments to the 11-member Tigard Transportation Advisory Committee. Donald Schmidt is being reappointed. New members include Robert Van Vlack,Russell Casler and Yi-Kang Hu.Joseph Vasicek was an alternate and is now a full member. Three alternates were selected: Susan Pfahl,Rick Perry and Timothy Esau. Council President Snider moved to approve Resolution 15-56 and Councilor Goodhouse seconded the motion. Mayor Cook asked City Recorder Krager to read the number and title of the resolution and conducted a vote. He announced that Resolution 15-56 was approved unanimously. Resolution No. 15-56—A RESOLUTION REAPPOINTING DONALD SCHMIDT, AND APPOINTING ROBERT VAN VLACK,RUSSELL CASLER,YI-KANG HU AND JOSEPH VASICEK AS VOTING MEMBERS OF THE TIGARD TRANSPORTATION ADVISORY COMMITTEE AND REAPPOINTING TIMOTHY ESAU AND APPOINTING RICK PERRY,AND SUSAN PFAHL AS NON-VOTING ALTERNATE MEMBERS Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Mayor Cook presented Robert Van Vlack and Donald Schmidt with a City of Tigard pin. He noted that TTAC Member Van Vlack also attends council meetings as a liaison for the Summerfield neighborhood. 8. PUBLIC HEARING: SIDEWALK GAP PROGRAM a. Mayor Cook opened the public hearing. b. Finance and Information Services Director LaFrance and Public Works Director Rager gave the staff report. This is a continuation of a previous discussion that began during the Budget Committee discussions in April and May of 2015. Council held a discussion during a workshop meeting in October where staff presented the first draft of a sidewalk gap program and based on direction staff received,a revised program was brought before council at the November workshop meeting. This revision focused on all sidewalk and trail connections for busy streets (arterials, collectors and neighborhoods with over 1500 daily trips) and trails within Tigard and equated to about 34 miles of gaps to be filled. The cost estimate is $118 million. Of that amount, $80 million of city resources would be required with$38 million coming from development,grants and partner agencies. TIGARD CITY COUNCIL MEETING MINUTES—December 8, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 5 of 11 Council directed staff to explore what would need to be done to place a measure on the May 2016 ballot to fund this program. Mr. LaFrance said staff is asking for council confirmation that this is the direction they wish to go and to make sure all elements are included. Draft ballot language has been prepared.The proposed calendar includes continued discussion at the January 26,2016,business meeting, a public hearing to approve ballot title language on February 9,and filing with Washington County Elections by the deadline of March 17,2016, for the May ballot. C. Public Testimony—Mayor Cook called on those that signed up to speak. Chad Tucker, 5904 SE 17 h Avenue,Portland,OR 97202, spoke on behalf of Oregon Walks in support of the ballot measure. Oregon Walks is an organization that advocates for safe, convenient and attractive walking visions in the Portland metro region and all over Oregon. He said they strongly support the City of Tigard placing a bond measure on the ballot in support of a program to close critical gaps in the city's pedestrian network. They applaud the city's effort to provide for both crossing improvements as well as sidewalk gaps. He said crossings are as vital a component of the walkway network as sidewalks. In the last decade there were over 47,000 pedestrian fatalities on American roads. Transportation for American issued a report in 2011 entitled,"Dangerous by Design"which stated that nearly two-thirds of these fatalities occurred while crossing the street. 40 percent of those were where no crosswalks were available. Better,safer crosswalks give people the confidence to use them. Having improved crossings increases the productivity of the network and better connectivity increases the efficiency of the network.A more efficient network allows more people to walk to their destinations faster. If more can walk safely and take care of their daily needs faster,then walking will better compete against the car and make Tigard walkable. Mr. Tucker said over the past several months Oregon Walks volunteers have assisted city staff model and analyze Tigard's network of sidewalks and crossings.Walkway network analysis using Geographic Information Systems (GIS) can help identify the most effective locations for improvements as well as help determine priorities for spending. He urged council as they seek resources for improvements to continue to explore the value of innovative technologies to make smart use of new funding. The proposed bond measure will put Tigard in an excellent position to truly become the nation's best walking cities by creating a complete,safe,direct and convenient network of crossings and sidewalk improvements that provides access to schools, shops,bus stops and other destinations. Mayor Cook said council received an email and a letter from the Bicycle Transportation Alliance and these have been added to the packet for this meeting, available online. d. Council Questions and Discussion Council President Snider said the tide is wrong and it should not be called a gap program. It is actually for filling sidewalk gaps. He suggested calling it the sidewalk network completion program so that anyone unaware of city business on a daily basis would understand what it is. TIGARD CITY COUNCIL MEETING MINUTES—December 8, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 6 of 11 Councilor Goodhouse asked what the monthly cost would be and Mr. LaFrance said in the draft ballot title, there were Ws where the figures would be inserted as staff is still working on that with the city's financial advisor. He noted that the city would not likely issue the bonds all at once;there would probably be three to four separate issuances and that complicates the computation of the cost per household. He estimated that the cost for an average home assessed at$240,000 would be $260 annually if paid all at one time. Councilor Goodhouse said he agreed about changing the title description as the words sidewalk connection program show more of the vision and indicate that the program includes more Safe Routes to Schools and crosswalks, etc. Councilor Henderson commented that this program will last over a period of time and asked if it made sense to identify phases,such as 1,2 and 3 with a list of projects to be covered by each. He said he did not think the city should ask for$80 million. He said he would like to target three to four phases. Mr.LaFrance said in order to make a May ballot we are looking at a programmatic level and doing costing that covers the program as a whole. Part of the ballot language is to use the city's Bicycle/Pedestrian committee to help prioritize projects in each phase. Because there is ambiguity at this level with specifics,this is not helpful. City Manager Wine said if council wants staff to place a measure on the ballot that had more specificity it might take more time to identify more than a programmatic level of what would be delivered. Mayor Cook said he suggested the May 2016 date in order to avoid competing with the school district which might be placing something on the November ballot. He attended the ODOT Area Commission on Transportation (ACT) Region 1 meeting last night and saw the State of Oregon Bike and Pedestrian plan. They discussed how decisions are made on what to do first as this plan is built throughout the state. Four areas were identified. First, take care of what you already have such as maintaining existing trails. Second,consider safety aspects such as Safe Routes to Schools or crossings.The third is infill,or a gap filling program.And last was building new connections. He suggested the city follow this model of maintenance, safety,infill and new projects. Mayor Cook mentioned the Strategic Plan and said while the sidewalk gap program meets the other goals,he worries about Goal 4-Fund the strategic plan vision while maintaining core services. He noted that the public just turned down a$34.5 million project in November and asked how the city could ask for funding for an$80 million project a few months later. He said council still needs to discuss how to fund those core services and then maybe go out for a bond in May of 2018. If council decided on May of 2016 he would be more comfortable in asking for only$20 million and focusing on safety aspect instead of infill. Councilor Woodard asked how accurate these numbers are. Finance and Information Services Director LaFrance went over the methodology used for the $118 million estimate which was based on costs including linear foot sidewalk costs,purchasing right of way, slope,wetland considerations or drainage ditches. GIS shows us each sidewalk and the factors. Councilor Woodard said he liked the idea of phasing and a pay as your go method. TIGARD CITY COUNCIL MEETING MINUTES—December 8,2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigud-or.gov I Page 7 of 11 He asked how soon TTAC could get ramped up to prioritize. Public Works Director Rager said staff would first come up with a list of projects and then develop hard estimates which could take several months. The workload may require additional staff. He said developing a smaller list of projects would be possible for engineering staff but some other things might have to go by the wayside. Council President Snider said he was torn between phasing or casting a big vision that people can see and easily understand what it will be when finished. He thought when the city goes out for funding the public should see a fairly detailed list. He was favorable towards doing it all at once and said if phased,we might get to some of the projects or we might not. We do not want a quarter of a network;we want to end up with a full network. Councilor Goodhouse asked for a clarification on phasing in the cost. Finance and Information Services Director LaFrance said the draft ballot title authorizes $80 million worth of bonds. Because of the size of the program and the rules about bonds,the city would likely do three or four separate bond issuances that when added together would equal $80 million. Councilor Goodhouse asked if this would this be explained in the ballot measure language. Mr.LaFrance agreed that clarifying language could be added. He said staff would need to consult with the financial advisor but there may also be ways to structure the initial bonds so a higher principal amount is being paid at first and there might be other ways to lower the highest cost. Councilor Goodhouse asked if a gas tax could be attached onto the same measure. City Attorney Rihala said it would require a separate vote due to the single subject rule. They could be voted on in the same election but would be separate measures. Councilor Goodhouse asked if the bond authorization could be $60 million for example,with$20 million on a gas tax measure. Mayor Cook said the gas tax measure would not have an amount. It would just authorize one or two cents per gallon and we would not know how much would be raised. Finance and Information Services Director LaFrance said an estimate is that approximately every penny in gas tax is worth$200,000. Two cents would raise$400,000 so in a ten-year program that is $4 million. e. Mayor Cook closed the public hearing. f. Council Discussion: Mayor Cook said when council saw the full sidewalk gap project list and cost they chose to focus on the hardest areas first,like 121"Avenue or Tiedeman Avenue. Council agreed these main roads were the priority. He asked if council wanted to go out for the full$80 million now. Council President Snider said that is a different question and he felt it should be decided what should be done first and then when. Councilor Woodard said he would like this to go through more of a public process to hear what people want. He referred to the community center vote and said he did not want to go back out asking for twice as much money and fail. He said this is probably a year out and he would not want to start by asking for the full$80 million. Council President Snider asked for clarification. Councilor Woodard said he wants to know if the public would support paying TIGARD CITY COUNCIL MEETING MINUTES—December 8,2015 City of Tigard 1 13125 SW Hall Blvd,Tigard,OR 97223 www.tigard-or.gov I Page 8 of 11 $10 or$20 a month. He said there is so much need in the city,including the park fee, and council needs to tread lightly and bring the public in more on big ticket items. Mayor Cook agreed with Councilor Woodard that it is more important to decide the scope than the election date at this time. City Manager Wine said the engagement of the TTAC and scoping of the bond measure would come after a survey and community outreach were done and would not happen in tandem. Mayor Cook said unless we tell the community we will do a particular street,we need to scope it,prioritize it and be able to say what people will get for certain amounts of money such as for$20, $40 or$60 per month. Mayor Cook said if a grant match or MSTIP funding becomes available a project can get moved around on the schedule. Councilor Goodhouse said people want sidewalks and are willing to pay for them. It would be helpful to say how much a project, such as a crosswalk,would cost. Mayor Cook said this is a defining project. The water project may not be visible but sidewalks can be used immediately. Councilor Woodard agreed but said people do not understand how things get funded. He agrees with the walkable vision but wants to get this bond measure right. He asked, "If there is an argument between (funding) sidewalks,a community center or park maintenance who would have the loudest voice?" Councilor Henderson said it may take more than one vote to keep each request within a sensible amount of money. If the city phases things,it can show what Phase 1 accomplished and build on a record of success. He did not want to ask for the full$80 million at one time. Councilor Goodhouse said there is enough momentum to pick a date and keep things moving forward towards May,2017 perhaps. He asked, "How can we be the most walkable city in the northwest without having a sidewalk program?" He suggested placing three different measures on the same ballot so people can choose. It is possible all of them will pass. He wanted to set a target date tonight. City Manager Wine confirmed with council that they want staff to proceed with soliciting citizen input. Councilors Goodhouse and Woodard said this would be a great topic for the spring Town Hall meeting. Council President Snider recommended talking about this at council's winter outreach in Summerfield. He suggested Communications Strategist Chuen prepare a video. Mayor Cook summarized that council wants to move forward quickly but not for the May 2016 election. 9. DISCUSSION ON PROHIBITION ON SMOKING IN CITY PARKS Assistant City Manager Newton gave the staff report. Councilor Goodhouse wanted this discussion. She said it would be easy to add a smoking ban to Tigard Municipal Code Section 7.52 which regulates behavior including that in public parks. TIGARD CITY COUNCIL MEETING MINUTES—December 8, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 9 of 11 Councilor Goodhouse noted that when using a trail there is no room when passing smokers so he wanted trails added to the areas where smoking would be banned. Councilor Woodard said he has to hold his breath when passing a group smoking out on the trails. Councilor Goodhouse suggested having a six-month warning period so people can learn about the restrictions without being fined. City Attorney Rihala said that could be written into the ordinance. Councilor Goodhouse asked what other property could receive a ban on smoking. Council President Snider recommended all city property and asked how far reaching a ban could be. City Attorney Rihala said it would have to be looked at as two regulations. There is limited opportunity to regulate indoor smoking because it is already prohibited except for smoke or cigar shops. She said she believed it includes vaping but will check on that. She noted that in Salem businesses can request to become a smoke-free zone. Eugene is considering a full downtown ban has not yet passed the ordinance. Assistant City Manager Newton said a gray area is that parking lots are private property and it is up to the business owner to allow smoking. Mayor Cook said he liked the City of Medford's policy which prohibits smoking on all city property. He wanted to also exclude e-cigarettes and cannabis,which is already illegal to use in public. City Attorney Rihala said Tigard's definition of smoking is broad and includes smoking tobacco, marijuana,vaping, pipes,anything that can be inhaled or exhaled. Mayor Cook said it would be too hard to determine what is in someone's pipe so they all have to be banned. City Attorney Rihala said the police department agreed with that. Council President Snider asked if anyone was willing to prohibit all tobacco products,including chewing tobacco. Mayor Cook noted that may be harder to enforce. Councilor Woodard said he was not sure about a ban on all city-owned property and noted there are employers who are smokers. He said there should be designated places to smoke. He said it is hard to enforce addictions. Councilor Henderson said council has a right to say what happens on city property but it cannot mandate an addiction problem. He said businesses should be able to have a smoking area and it cuts into their profits if the city does not allow them that choice. Councilor Goodhouse said this is to support those who choose not to smoke. He said while he would prefer to see a ban be far reaching,it could be allowed in designated areas such as bus stops or at bars. Assistant City Manager Newton said it sounded like council supported a smoking ban in city parks and trails and city property with the possibility of designated areas. Council President Snider and Mayor Cook did not want any designated areas. Councilor Woodard said he does not want to make it so difficult for smokers. He is fine with a ban on parks and trails but not all city property. TIGARD CITY COUNCIL MEETING MINUTES—December 8, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 10 of 11 City Manager Wine said there are citywide employee policies and this will need to be discussed internally. It has come up before in executive staff meetings. Mayor Cook commented that there was council consensus on banning smoking in parks and trails but not for a ban on all city property. Council President Snider suggested a phased-in implementation. City Attorney Rihala said it will need to be in two separate ordinances as she will need to come up with a new definition of city property and add it to the TMC. She said if council is concerned about smoking at entrances to city buildings,the ten foot buffer could be increased. Council President Snider reiterated that he does not want any smoking on library property. Assistant City Manager Newton said staff will bring two options back for council consideration at a meeting in early 2016. 10. NON AGENDA ITEMS - There were none. 11. EXECUTIVE SESSION -At 9:15 p.m. Mayor Cook announced that the Tigard City Council would enter into Executive Session to discuss the performance of an executive officer,under ORS 192.660 (2) (i). The Tigard City Council will adjourn from Red Rock Creek Conference Room after the Executive Session. The Executive Session ended at 10:36 p.m. 12. ADJOURNMENT At 10:37 p.m. Councilor Goodhouse made a motion to adjourn. Council President Snider seconded the motion and all voted in favor. Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Carol A. Krager, City Recordef John IL.-Cook,Mayor I /1,42-0/4 Date TIGARD CITY COUNCIL MEETING MINUTES—December 8,2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 11 of 11