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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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$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.
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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.
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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
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