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City Council Minutes - 05/09/2017 City o f'Tigard Tigard City Council Meeting Minutes • „ May 9, 2017 STUDY SESSION SJ EXECUTIVE SESSION At 6:30 p.m. the Tigard City Council entered into an Executive Session called under ORS 192.660 (2) (f) to discuss exempt public records. The Executive Session ended at 7:19 p.m. COUNCIL LIAISON REPORTS Councilor Woodard requested council discuss a food cart policy in the context of their competition with brick and mortar businesses. He said the idea of the downtown development area was to bring in restaurants that would attract people to the downtown. He said he is favor of competition but noted that there are some problems developing. Councilor Goodhouse added that the Tualatin council is also having this conversation because The Commons is requesting food carts be banned. He felt it is quiet there in the day and if someone is drawn in to a food cart they will notice Hayden's and return for an evening meal. He said food carts and brick and mortar restaurants together bring in business for each other. Councilor Woodard said things to consider are proximity,layout and offering similar foods. He asked for a workshop discussion. Mayor Cook said council and staff could discuss the current policy and while it would not be a public hearing,business owners could always send in their input. He noted that Tualatin formed a task force that included someone from Haydens's Lakefront Grill Restaurant and food cart owners. Councilor Goodhouse expressed concern that the make-up of a task force would be heavily weighted with brick and mortar restaurant owners. City Manager Wine said Economic Development Manager Purdy formed a group of restaurant owners, food cart owners and food entrepreneurs one year ago and if council goes the route of creating a task force Mr. Purdy could help diversify those voices. Mayor Cook reported on a SW Corridor meeting where alignments were discussed. The"through" alignment means one line going from downtown Portland to Bridgeport and the "branch" alignment has trains coming into the Tigard Triangle and one going to Tigard and one going to Bridgeport. TriMet's recommendation proposed that the through route be preferred but the branch route cannot be removed from the table until the DEIS report is received. Mayor Cook clarified the route: Portland State—Barbur Blvd—Clinton Street or Beveland Street—downtown Tigard- and then some route from there to Bridgeport. He said there would not be a way to catch a train from Tigard to Bridgeport on the branch route. Councilor Goodhouse noted that the through route costs less per ride. He said the branch alignment operating costs are more expensive and could take away dollars from future expansion further down the route. TIGARD CITY COUNCIL MINUTES -MAY % 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 1 of 9 Mayor Cook attended the Area Commission on Transportation meeting and brought back an OODT construction map showing projects ODOT will be working on this summer. The project which will affect the Tigard area the most is I-5 paving from the 99W crossing to I-205. Councilor Goodhouse reported on a Willamette River Water Coalition meeting where the discussion was about the river intake at Wilsonville. He recommended to the group that they resolve who will run the plant early on in the process. ADMINISTRATIVE ITEMS: City Manager Wine said the May 23 meeting is cancelled for lack of agenda items. 1. BUSINESS MEETING A. At 7:34 p.m. Mayor Cook called the City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items —None. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B. Citizen Communication—Sign-up Sheet. Joselin Webster, 13500 SW Hall Blvd.,Tigard, OR 97223 introduced her business and life partner Armando Subia and said they are the current owners and operators of the Literary Feast Cafe located inside the Tigard Public Library. They were recently served with a 30-day eviction notice. The cafe just passed its one-year anniversary in business at this location. She said they have not been given any answers as to why they are being evicted other than the city intends to evaluate the best use of the space. It is only 200 square feet and not a large enough space to allow a lot of potential resources to the community other than what they are providing. She said they have been working 70 hours a week, six days a week to bring community trust,respect and well-being for the citizens and library patrons. TIGARD CITY COUNCIL MINUTES - MAY% 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 2 of 9 She said through an oversight they allowed the lease to lapse and did not engage in specific discussions to renew it. The city did not initiate a discussion even though they were in contract negotiations for other issues during the time period prior to the lease expiring. She said they built their brand based on this location in the library and asked that the city respect their core values of Respect and Care, Do the Right Thing and Get it Done. She noted that Mayor Cook was proclaiming Small Business Week and their customers, friends and the family they have built made their voices clear in the past few days about their business. They feel the cafe is a much better use of the space than a storage closet. Upon evaluation it may be decided that the best use is a cafe but the city has destroyed the lives of Tigard residents by evicting them before even evaluating the space. She asked council to honor the original contract and grant them the five-year lease as explained in their original contract. Ella Crow, 16460 Lake Forest Blvd.,Lake Oswego, OR 97035,is a volunteer at the Tigard Library and a regular customer of the Literary Feast and has grown to appreciate their presence in the lobby, She said she is upset to hear they are leaving. An incident occurred recently where a library visitor became agitated and confronted people. Armando called the police because customers were being harassed. They care about the customers and do a great job. She requested gluten-free food and they provided it. They go out of their way to support their customers. She asked for their lease to be extended but if they have to leave that they get help to relocate to a similar location nearby. Toraj Kovari, 13293 SW Woodshire Lane,Tigard, OR 97223, from Friends of Bull Mountain Park introduced CFO Jan Miller, 4225 SW Stoddard Drive Aloha, OR, a representative from FOBM's fiscal sponsor,Tualatin River Watershed Council. Mr. Kovari expressed appreciation for the support received from the city. He said they are in the process of raising money for completion of the construction in Bull Mountain Park. Construction began in September 2016 and is expected to be completed by September 2017. He expressed appreciation to council for their continued support. Mr. Kovari mentioned several upcoming fundraising events and handed council a list which has been added to the packet for this meeting. Events run through June and July with all proceeds going towards the park. A unique fundraiser is to have donor names engraved on natural basalt rocks. Only 50 will be available. He said he hoped his next step will be to invite council to the opening of the completed park. Joan Afflick, 16140 SW 108 ' Avenue,Tigard, 97224, thanked Mayor Cook for allowing her to interview him for an assignment. She added that she is diabetic and just started going to the library and was pleased to see a cafe there. She asked that council"do the right thing 3. CONSENT AGENDA: (Tigard City Council) — A. CONSIDER APPROVAL OF INTERGOVERNMENTAL AGREEMENT WITH ODOT FOR HALL BOULEVARD CROSSWALK TIGARD CITY COUNCIL MINUTES - MAY 92 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.dgard-or.gov Page 3 of 9 B. PROCLAIM MAY 6-13 SMALL BUSINESS WEEK C. RECEIVE AND FILE: COUNCIL CALENDAR AND TENTATIVE AGENDA Council President Snider moved to approve the Consent Agenda as presented. Councilor Anderson seconded the motion and it passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 4. RECEIVE ANNUAL ARBOR DAY REPORT AND TREE CITY USA AWARD Confidential Executive Assistant Grass gave the staff report and shared a PowerPoint presentation. She discussed the Arbor Day event and said there will be more opportunities for residents throughout 2017. She noted that this is the 16th year Tigard has been awarded the Tree City award and presented council with new signs and a large Arbor Day flag and plaque. This year the celebration was held at Jack Park and Tigard High School CE2 students were joined by Mayor Cook. Ms. Grass thanked everyone in the city who helped achieve the Tree City award. Mayor Cook added his appreciation to Ms. Grass for her involvement and support. 5. RECEIVE UPDATE, DISCUSS AND DIRECT STAFF ON PHOTO RED LIGHT PROGRAM Police Commander McDonald and Central Services Director Robinson presented this item. Commander McDonald said staff was reporting back to council on steps taken since their last discussion in August 2016. In a community survey done earlier in 2017, 61 percent of those polled supported a photo red light program. He said staff wanted direction from council about whether or not to move forward. He mentioned a few things council should be aware of prior to making a decision. A red light program impacts municipal court and police staffing. Ms. Robinson said the level of citations that the Police Department is looking at now (11,000) could result in the court needing five additional employees. She noted that discussions have been held about the condition of city buildings and her only concern is finding space for additional court employees. She said depending on the schedule there are potential parking issues as well as conflicts with the use of Town Hall. She said if answers could be found to those issues, the municipal court would be supportive of this program. Commander McDonald said next steps would be to send out an RFP for a vendor and return to council with a change to the Tigard Municipal Code to allow this. He asked for input from council. Councilor Woodard asked about red light program revenues vs. expenses in Beaverton and Tualatin. He asked for ten years of statistics. Commander McDonald said he did not have statistics for ten years but could say there was a difference between what Tualatin and Beaverton experienced. TIGARD CITY COUNCIL MINUTES - MAY 9, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 4 of 9 Beaverton reported that 72 percent of the tickets issues are for people who do not have a Beaverton address. In Tualatin, 80 percent of those ticketed do not live in their area and include some from Tigard. Outreach to citizens is important and they will know exactly where the intersections are located. Beaverton said 99 percent of residents were aware of their program por to implementation. Beaverton saw a significant drop in people running red lights. Tualatin did not experience such a tremendous impact. Tualatin did 30 days of flashing lights and then just sent warnings for a two-month period. For a three-month period people were being warned. Beaverton had a 30-day warning period and then began issuing citations. In response to a question from Council Woodard he said Beaverton has been running their program for around 20 years and Tualatin has since 2008. Councilor Woodard asked if the revenues drop as people get used to the intersections and then would staff be laid off. Commander McDonald said he would anticipate that to be the case. He said there are many options for contracts with vendors. A popular one is where the city does not pay the vendor until the fine for the ticket is collected. In response to a question about where the revenues go, Commander McDonald said all the cities he has contacted put it in their general fund. Councilor Goodhouse mentioned news articles from Phoenix and Chicago about citizens challenging red light camera legality and asked if staff was aware of this. Commander McDonald said state laws vary and there had been no significant challenges in Oregon. Other states are having challenges in appellate court but charges have been upheld in Oregon. Councilor Goodhouse mentioned the light at Bridgeport and asked if there was a way to adjust the timing so the yellow light interval is not as short. Commander McDonald said there is a complex method of traffic light timing. Council President Snider asked if Streets and Transportation Engineer McCarthy could explain how the range can be stretched to allow a little more buffer on the intersections being considered. Commander McDonald said ODOT times their lights on the longest timeframe already for safety reasons as does Washington County,who sets the light timing in Tigard. Mayor Cook said the most important aspect to him was safety. He noted that Tigard was authorized to have red light cameras 20 years ago and asked why the Police Department was now in favor of it and how it is safer for officers. Commander McDonald said he changed from being indifferent the more he researched and realized the value in traffic safety. Beaverton has noticed a continual reduction in crashes at intersections with red light cameras. He added that in the past a traffic officer on a motorcycle could sit on 99W observing traffic at intersections. As the road expanded it took away spots used for police cars and motorcycles making it more hazardous and less effective for officers to patrol these specific locations. In response to a question from Councilor Goodhouse, Commander McDonald said the intersections would all be resurveyed but the four initially surveyed were all on Highway 99W—Hall Boulevard,Walnut Street, McDonald/Gaarde and Durham Road. The reconfigured McDonald/Gaarde/99W intersection does not appear to be as bad as it was. For safety reasons, the intersection of 99W and 72nd Avenue is higher on his list than 99W and Walnut Street. Council President Snider said he is supportive from a safety perspective and felt it improves the community. Mayor Cook noted that laws change and vendors need to be able to adjust to changing state laws. Council President Snider asked if there was data on how allowing red light cameras to catch vehicles running red lights and speeding was safer. Commander McDonald said he had no data because it was not allowed in Oregon yet but he was shocked at the speeds he saw when TIGARD CITY COUNCIL MINUTES - MAY 9, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 5 of 9 reviewing videos of the Durham Road and 99W survey. Mayor Cook added that there is legislation this session to allow red light cameras to capture speed violations through the red light. Councilor Woodard asked if this would be added to the budget. City Manager Wine said she is taking what council has said tonight as direction they want to proceed with developing a program. The first step is issuing an RPF and creating public outreach/education and an implementation plan. She said the next time this would come before council would be as a contract award. Budgetary impacts would come forward in a supplemental budget but not in the next quarter. Commander McDonald said a Tigard Municipal Code amendment would also be required. Central Services Director Robinson said the program may be able to be phased in so the city can see how the work can be absorbed with one or two cameras first. She said they were basing the staff time estimate on other cities and the numbers in the proposal also cover staffing. She said the revenues in the proposal could fund the additional FTEs. Commander McDonald said a Tigard Municipal Code amendment would be forthcoming. 6. CONSIDER APPROVAL OF NEIGHBORHOOD INVOLVEMENT COMMITTEE/ CITIZEN COMMUNICATION ENGAGEMENT BY-LAWS Assistant City Manager Newton presented this agenda item. The proposed bylaws are for the new Citizen Communication Engagement Committee formerly known as the Neighborhood Involvement Committee (NIC). New members are being signed up and Councilor Woodard is the new liaison. Committee members understand that they will actively be going to events and learning how to monitor surveys and the success of other communication tools. Mayor Cook suggested taking out sections 4.A and 4.B. Section 4.A requires current NIC volunteers to be appointed through the process established for board and committee appointments to city committees and he asked why existing NIC members have to be reappointed by council. He said 4.13 provides term limits and asked why not let someone volunteer as long as they are interested and involved. Assistant City Manager Newton responded that it is always good to encourage new blood. Councilor Goodhouse said it is often difficult to find people to volunteer and he agreed with taking off the term limits. Council President Snider said he would even like to remove terms limits from other boards and committees. Councilor Woodard commented that it was a very generous offer to allow two additional terms to the existing volunteers but he liked removing the term limits. Assistant City Manager Newton said the terms will be staggered so they do not expire at the same time. Councilor Anderson moved for approval of Resolution No. 17-22, amended to remove 4.B Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTIO NO. 17-22— A RESOLUTION ADOPTING THE BYLAWS OF THE COMMITTEE FOR COMMUNITY ENGAGEMENT, as amended to remove 4.11 TIGARD CITY COUNCIL MINUTES - MAY% 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 6 of 9 Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Assistant City Manager Newton said she would also remove the sentence about the current members and their additional terms. City Attorney Rihala said there were a few other sentences to change because of the amendment. Mayor Cook asked council if they consented to the rewording and they all said yes. Resolution No. 17-22 was approved as amended. 7. RECEIVE UPDATE ON DOWNTOWN PARKING PLAN Senior Transportation Planner Brown said he has been working on parking on a number of fronts. In the last few months, downtown parking has become important because of the large residential development opening soon across the street from the Ash Avenue Dog Park and staff wants to be ahead of issues. He referred to a book called, "The High Cost of Free Parking" and said there is an 85 percent rule for on-street parking;for efficient use it is desirable to have it 85 percent full all of the time. He showed a chart showing how parking regulations range from Step 1 (low-density in suburbs) to Step 10 (urban,walkable areas that require a lot of city administrative effort). Mr. Brown said current parking regulations include two-hour parking limits on Main Street and in two off-street lots. The rest is unlimited. Staff looked at how to maximize on-street parking (Step 2) on Burnham Street by changing space markings. Removing tick marks on Burnham and Ash Streets could increase the number of spots from 54 to 86. Five more can be gained on Commercial Street. Scoffins Street could be repainted, removing the cdnter-turn lane to gain a potential 40 spaces. This could add up to 84 more parking spaces in the downtown. A parking study showed parking delineated by the railroad tracks downtown. There is very low occupancy north of the tracks but it is a different story on south Main Street. Graphs were shown of length of stay and it appears that only the Burnham Street lot behind Jeffery Allen and Main Street South of Burnham have a problem with time-limit violators. Other areas of Main Street indicate that people are for the most part following the signage. Mr. Brown discussed the proposed steps of the plan. Phase 1 is an increase in two-hour parking along Burnham and Ash, a plan to create some four-hour on-street parking and a new permit system to allow all-day parking in four-hour areas all day (for employees). A phasing plan will create two- hour spaces in Ash Street next to the new development and the dog park. Phase 2 will add more two-hour parking on Burnham east of Main and on Tigard Street. Phase 3 will create four-hour spaces in areas on Burnham Street and Main Street where turnover is not necessary. At this time no changes are planned north of the railroad tracks except repainting Scoffins to get rid of the center- turn lane to add on-street parking. TIGARD CITY COUNCIL MINUTES - MAY 9, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 7 of 9 Mr. Brown said required actions include enforcement resources,permit administration resources and a Tigard Municipal Code change for a structured fine schedule. Phase 1 is complete and staff would like to do Phase 2 by July at the earliest and Phase 3 by late August. He mentioned that Attwell off Main has 168 parking spaces and 227 bedrooms and will charge $25 per month for parking which could move some parking onto the street initially. Staff feels that this issue may not come up for awhile but at some point they will reach capacity. He said it is good to unbundle parking from rent as this is important in walkable areas. Mayor Cook said he is concerned about the three-four month period being too short for adequate public involvement and business outreach for Step 3. Councilor Goodhouse said these changes may send a sign for people to come to downtown Tigard. A more structured setup might give the impression that they will find parking. Council President Snider asked about reaction to Mayor Cook's concerns about the timeline. Senior Transportation Planner Brown said staff can move quickly if needed. Mayor Cook said his concern was more about not wanting to regulate businesses, although they have asked the city for help with parking. He noted that some allow employees to park right in front of their businesses. He added that another solution might be for businesses to share parking behind their buildings but this is not something the city can legislate. If businesses want to have spots for customers, they may need to look at asking employees to buy a permit for longer-term parking. Councilor Woodard agreed with Mayor Cook's concern about businesses but felt the proposal was fair. He said if the Attwell lot situation spills over he liked the idea of the permit,which is the routine next step. Mr.Brown acknowledged there has not been a lot of public engagement yet although staff has met with the City Center Advisory Commission and the Tigard Downtown Alliance. The city needs to engage much more prior to implementing Step 2. He said he appreciated the fact that such engagement and consensus from the businesses will take time. Councilor Goodhouse advised keeping the phases and timeline. Public outreach should be done but he said to keep the program going and adjust as it goes along. 8. NON AGENDA ITEMS -None 9. EXECUTIVE SESSION - None 10. ADJOURNMENT At 8:59 p.m. Councilor Woodard moved for adjournment. Councilor Goodhouse seconded the motion and it passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MINUTES - MAY 9, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 8 of 9 �d . � ' Carol A. Krager, City Recor er Attest: John L.+ ok,Mayor TIGARD CITY COUNCIL MINUTES - MAY 99 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 9 of 9