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City Council Minutes - 07/18/2017 City of Tigard Tigard Workshop Meeting Minutes u1 18 2017 1. WORKSHOP MEETING A. Mayor Cook called the meeting to order at 6:37 p.m. B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ C. Mayor Cook asked those attending to stand with him for the Pledge of Allegiance. D. Call to Council and Staff for Non Agenda Items—None. 2. DISCUSSION ON TRANSIENT LODGING TAX Finance and Information Services Director LaFrance presented this item. Mr. LaFrance said he was before council to continue the discussion on the Transient Lodging Tax which began at the 2016 Budget Committee meeting and continued at a council workshop in November. He said at that time, council had directed staff to do additional outreach. He explained staff has tentatively scheduled a hearing for August 8. He referred to the draft ordinance in council's agenda packet;in addition, they would be creating a new section in the Tigard Municipal Code. Mr. LaFrance gave a quick refresher on what the Transient Lodging Tax is,what it can be used for and what staff has done for outreach. In general, the Transient Lodging Tax is the hotel/motel tax. Currently there is a statewide lodging tax of 1.8 percent, and additionally Washington County has a 9 percent Transient Lodging Tax. He explained that 70 percent of the Transient Lodging Tax collected has to be used for tourism or tourism related activities. Mr. LaFrance provided a comparison of the cumulative tax rates for the City of Portland, Beaverton,Lake Oswego, Hillsboro and Bend. Mayor Cook said an important aspect of the Transient Lodging Tax is making sure there are heads in beds. Councilor Goodhouse asked how often people choose a hotel based on the taxes charged vs activities. TIGARD CITY COUNCIL MEETING MINUTES -July 18, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 8 Mr. LaFrance said he and the Mayor held an open house last month and had invited hotels in the region and none of the hotel owners came. The following day he sent information to the owners and asked what is important to them. He has yet to hear from anyone. Mr. LaFrance asked for direction from council. Councilor Woodard said he would like to see something that is equivalent to other cities surrounding Tigard and that he would like to see more money go towards parks and recreation. Councilor Goodhouse asked if any of the other cities are planning to increase their fees. Mayor Cook said that Beaverton and Hillsboro have increased their fee. Mayor Cook and Councilor Goodhouse agreed that staying under three percent is a good idea and that at only two percent Tigard would still be less than other surrounding cities. Councilor Woodard said expanding marketing with cultural partners and getting partnerships going with art programs is a good idea. Councilor Anderson said he can support this going forward and asked if council should have a percentage in mind tonight. Mr. LaFrance replied yes. Mayor Cook said he wants to see first what they would spend the money on and then work on what percentage they need to charge in order to meet that. He prefers to not sunset the fee and instead choose a fee that is not too high so they could go out for a bond later and then use the money collected to pay the bond. Mr. LaFrance agreed that if they sunsetted the fee, they could not bond against it. Mayor Cook said he would like to go in at two and one half percent or three percent now, and would like to get input from the Parks and Recreation Advisory Board. He does not want to spell out what the funds will be used for in the ordinance so that they have some flexibility. Councilor Goodhouse said he is worried they might not choose the right percentage up front, and then it would not be enough to fund projects the city wants to complete. Mayor Cook said it is easier to increase the percentage than it is to decrease the percentage. He said there are two turf fields the city is looking to construct. Councilor Goodhouse said he likes two percent. Councilor Woodard said BMX biking is huge and people travel to places in order to BMX race. He agreed that starting out with a lower percentage is better and that two percent is good. Councilor Anderson asked if Embassy Suites had a percentage in mind. Mayor Cook said they did not ask that question. He said for him, a good starting point would be two and one half percent. Councilor Anderson agreed and said they would still be lower than the surrounding cities. Council agreed that two and one half percent is a good place to start and it should be added to the ordinance. TIGARD CITY COUNCIL MEETING MINUTES -July 18, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 8 Mr. LaFrance confirmed with council that the remaining language suggested in the ordinance by the city attorney was fine and Council agreed. 3. SAFE ROUTES TO SCHOOL UPDATE Safe Routes to School Program Coordinator Dragovich presented this item and gave a PowerPoint presentation,highlighted some of the program activities from last year, gave an overview of data collected and explained the program is set-up to encourage kids and families to walk or bike to school. The way they frame this is through the Five E's. She explained the Five E's stand for, engineering, education, enforcement, encouragement and evaluation. Ms. Dragovich informed council that the program had reached over 6,500 students and families during the 2016-2017 school year. Ms. Dragovich talked about the top three E's. Encouragement: This is about getting families to think about walking or biking. Encouraging them and giving them the tools to make this happen. She said the city's big walk and bike to school event is held during spring and fall. This year over forty percent of Tigard students walked or biked to school on National Walk/Bike to School Day event on May 10. Another encouragement tool she uses is what she calls the "Bike Fairy" package. She delivers a package of goodies along with a thank you note that she places on bikes during the school day. Education: This includes teaching students and families about safe biking, helmet fittings and in-school pedestrian safety. Ms. Dragovich said the city purchased a fleet of 150 bicycles and helmets to help bolster the bike safety component. In the future, these will go around to other Tigard area schools and not just the Mary Woodard Elementary School and will be present at other city events. Evaluation: Ms. Dragovich explained she was able to collect two types of data from schools asking students how they got to school and back home, and discussed the data collected from each school that participated. What they learned from the data collected is that combined,Tigard schools walk/bike to school twelve percent of the time. She explained she sent a survey out to parents of Tigard school students asking them "what issues affected your decision to allow or not allow your child to walk/bike to school." She found the biggest barriers for parents is safety, speed of vehicles and lack of sidewalks at intersections along the route. Councilor Goodhouse asked what the difference is between elementary, middle and high school. Ms. Dragovich explained that up until recently the program has primarily focused on elementary schools and the middle schools are just starting to develop a program. They hope to start engaging the high schools more. Councilor Woodard commented on the statistic from 1969 that said forty percent of school children walked to school. He asked what staff thought had changed since then. Ms. Dragovich said there is not just one answer, and in her opinion communities around the nation were built around the automobile and other transportation options like biking and walking were neglected. TIGARD CITY COUNCIL MEETING MINUTES -July 18, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 8 Mayor Cook asked if staff had looked at any aspects of the Transportation Bill that related to the Safe Routes to School Program and if staff thinks the city could go out for some of the grants. Ms. Dragovich replied the state will get a portion of the Transportation Grant for Safe Routes to School Funds and then local municipalities will be able to apply directly to the Oregon Transportation Commission for funding. She said funding will require a forty percent match for non-Title One schools and Title One schools need to provide a 20 percent match. She said this is a viable option if Tigard wants to apply for some of the funding. Council thanked staff for the update. 4. DISCUSSION ON THE CITY'S APPROACH TO PANHANDLING Management Analyst Wyatt and Police Commander McDonald presented this item. Mr. Wyatt talked about the city's goal of defining their role dealing with homelessness and the creation of the Task Force for Homelessness that came out of that discussion. During this discussion in 2016, the topic of panhandling came up and whether it is an issue in the city. He explained how panhandling is defined, discussed the safety and traffic concerns related to panhandling and said staff had contacted other jurisdictions to see how they have dealt with this issue. Mr. Wyatt said that case law shows panhandling is protected by the First Amendment. Currently,police have the authority to address panhandling along a highway; however, a person standing on the side of the road is not in violation. He explained there are five cities in Oregon that have ordinances addressing panhandling; Medford, Grants Pass, Sutherland, Roseburg and Springfield. They approach panhandling by going after the person giving money or food to the panhandler and not the panhandler themselves. Commander McDonald said the Police Department received a few calls a week and they are typically along Hwy 99 and Durham. He said State Statute allows police to cite the pedestrian if they are along the pavement and are creating a traffic nuisance and explained how ODOT defines that. One example of this is the area on Durham at Hwy 99 where there is a concrete divider. He said this would be a violation and they could issue a citation there. Commander McDonald explained it is a First Amendment right to solicit money and food. Councilor Woodard asked if the ordinance in Springfield is posted so drivers can read it. Commander McDonald replied yes. Councilor Goodhouse said panhandling could delay the flow of traffic. Commander McDonald said he likes the exclusion process and said it is the best tool they have that allows police to address the situation before it becomes a safety issue. He said there are currently three exclusion zones, and he would like to see intersections south of Canterbury be exclusion zones and is working to get consent from ODOT. Councilor Goodhouse said if Tigard passes the ordinance then it would need to include all of Tigard. He said he is worried panhandlers would just go to other parts of Tigard that were not part of the exclusion zones. Mayor Cook asked Commander McDonald if in his professional opinion he would recommend passing an ordinance similar to the one Springfield has in place. Commander McDonald responded TIGARD CITY COUNCIL MEETING MINUTES -July 18, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 8 the more tools in the toolbox allow police to be more effective,but that they are limited by the number of staff. He said they would enforce it,but due to limited staff, he is not sure how often and stated the exclusion approach has been effective. Mr. Wyatt said educating people who give to panhandlers on safety issues is another approach they could take in addition to enforcing the exclusion policy. Councilor Goodhouse said he would be interested in knowing what non-profit organizations have to say on this topic, and that maybe having both an ordinance and an exclusion policy in place will at least deter panhandlers. Mr. Wyatt said this is a good topic for the Task Force on Homelessness to discuss. Councilor Woodard said that if people are going to change their behavior, it has to be from both the panhandler and the person giving money. He thinks going with the Springfield model in addition to the exclusion policy is a good idea. Councilor Anderson asked if they would include all three options and said he prefers enforcing the exclusion policy and educating people on panhandling safety. Councilor Goodhouse said educating people on panhandling safety issues would be more effective if it was done through an ordinance similar to the one the City of Springfield adopted. Councilor Woodard agreed. Mayor Cook said people ask him all the time about getting panhandlers out of the city. When he explains they could enforce something like ticketing people who give money to panhandlers, he has never had anyone agree with that solution. He said he would not move forward with the ordinance for that reason. Councilor Goodhouse said he too has had similar conversations and has heard people say they would be fine with being issued a ticket. Councilor Anderson said he would like to see what the task force has to say. City Manager Wine summarized what she understood council wants going forward. She said council would like to receive input from the Task Force on Homelessness and for staff to bring that back to council when all members of council are present. 5. DOWNTOWN PARKING ORIDNANCE INTRODUCTION Senior Transportation Planner Brown and Community Service Officer Hellstrom presented this item and Mr. Brown gave a PowerPoint presentation. Mr. Brown said implementing permit parking is almost done. He discussed updates to the parking ordinance and parking signage. Mayor Cook asked about signage and what recourse the city would have if a business put up their own parking sign. Mr. Brown said he would check with the city attorney on this again and get back TIGARD CITY COUNCIL MEETING MINUTES -July 18, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 5 of 8 to council. Mayor Cook asked if there are posted loading zones in the downtown area. Ms. Hellstrom replied there is one location. Mr. Brown discussed the different parking phases and enforcement resources. Ms. Hellstrom explained the new parking enforcement equipment has a GPS function that will track where the vehicle is located and documents the tire location,noting if there has been movement or not. She said the unit has the ability to print out two photos along with the citation. Mr. Brown said the City of Milwaukie uses the same equipment and they said the unit is efficient and less conspicuous. Councilor Woodard asked how much time is dedicated to parking enforcement. Ms. Hellstrom replied twice a month. Mr. Brown talked about parking permits, time issues and fee schedules. He said people could only park for the maximum time allotted and cannot move their vehicle once time has expired and then return within the same day. Councilor Woodard asked how they should educate people. Mr. Brown replied staff would have the information on the city's website,but that it may be that people learn once they have received a ticket. Councilor Goodhouse asked what happens if someone has a morning meeting,pays to park, then later returns and pays to park again. Mr. Brown said they would be ticketed if they had exceeded the allotted parking time earlier. Councilor Goodhouse suggested there be a grace period so that people could return later and park. Councilor Goodhouse suggested staff look at supply and demand when charging for parking permits. Mr. Brown said Milwaukie charges forty dollars but Tigard could charge twenty dollars for a parking permit. Councilor Goodhouse suggested setting Tigard's parking permit fee the same as Milwaukie. Mr. Brown replied they should consider the employees parking in the downtown area who have no other parking options. Mr. Brown said they are planning to hold a public outreach event and will then bring this back to council. Mayor Cook suggested they come up with another solution to the parking times, so that people are able to come back to Downtown later in the same day. Mayor Cook said he would like to see more outreach to Downtown business owners to hear what they have to say. He said he will not be at the August 22 meeting and would like to bring this back to a meeting that he can attend. TIGARD CITY COUNCIL MEETING MINUTES -July 18, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 6 of 8 Councilor Woodard said employers want employees to be able to park and permit priority should be given to business owners before the public. Councilor Woodard said he agreed with Mayor Cook about holding a public hearing for input. Councilor Goodhouse explained downtown has gone through many changes and is still growing. He suggested looking at the fees and agreed they should hold a public hearing. Councilor Anderson suggested starting the permit process and agreed they should hold a public hearing. Mr. Brown said staff is trying to get ahead of the fears and explained they still have some time. Councilor Woodard said he wants to prevent Main Street from becoming a park and ride situation, so having a permit system in place is a priority for him. He agreed that holding a public hearing is a good idea. City Manager Wine proposed staff proceed with the open house, have a public hearing after August 22 and then come back to council again for adoption. Mayor Cook suggested putting the proposal out for the public to see and allow the public an opportunity to comment. 6. BRIEFING ON THE PLANNING LEGISLATIVE WORK PROGRAM Assistant Community Development Director McGuire presented this item, discussed the different phases, administrative changes and timeline. Mr. McGuire explained they are currently working on Legislative projects like the Lean Code update,Tigard Triangle Urban Renewal Plan grants and Phase I and II Code Process and Procedures update. He said staffing Legislative projects is done as time permits. Priority is given to staffing the permit counter and quasi-judicial cases, so Legislative projects like these are getting pushed out. Councilor Anderson asked if they are busy. Mr. McGuire replied yes. Mayor Cook thanked staff for the update. 7. NON AGENDA ITEMS —There was none. 8. EXECUTIVE SESSION—There was none. 9. ADJOURNMENT At 9:02 p.m. Councilor Goodhouse motioned to adjourn the meeting and Councilor Anderson seconded the motion. Motion was approved by a unanimous vote of council. TIGARD CITY COUNCIL MEETING MINUTES -July 18, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 8 Name Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider (absent) Councilor Woodard ✓ Councilor Anderson ✓ ODA . 1AL.AA Key Burg e, DeputpCiRecorder Attest: John L. Coo ,Mayor Date: 191a6L-1 TIGARD CITY COUNCIL MEETING MINUTES -July 18, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 8