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City Council Minutes - 01/26/2016 City of Tigard Tigard City Council Meeting Minutes • January 26, 2016 STUDY SESSION EXECUTIVE SESSION:At 6:30 p.m. the Tigard City Council entered into an Executive Session called under ORS 192.660 (2) (d)labor negotiations. The Executive Session ended at 6:51 p.m. COUNCIL LIAISON REPORTS: Mayor Cook reported on the National Conference of Mayors held in Washington,DC during the recent snow storm. He heard President Obama speak. Gun violence was discussed by the Presidential Liaison to Intergovernmental Affairs,the Deputy Attorney General and a statistician who tracks gun violence in the U.S. He said there was much concern about the water situation in Flint,Michigan. Mayor Cook attended the water conference and said after hearing about the quality of water in other parts of the United States,residents in this area are very fortunate to have such good water. He said he would distribute to council a report he received about water costs from other areas of the country. Councilor Henderson noted that some water in the Tigard area (25 percent) is provided by the Tualatin Valley Water District. He distributed a map and said council needs to be aware that the water bills are different between the city water customers and TVWD customers. He noted that the TVWD water comes from Hagg Lake currently but in the future will come from the Willamette and this creates an issue since Tigard residents voted against tapping that water source without voter approval. He said TVWD customers do not receive their water bill from the city but are sent a utility bill with the street maintenance fee and sewer charges. If they do not pay that bill they do not get their water shut because the water does not come from the city. Council President Snider said there may need to be a discussion on that policy from an equity standpoint. Councilor Henderson suggested billing for water one month and the utility fees the next. Councilor Goodhouse reported on a traffic control change at the corner of Main and Scoffins, where there is currently a signal light. A three-way stop will be tested and if it works well,the light will be removed. He reported on the SW Corridor meeting and said the issue now is whether or not to build a tunnel to reach Portland Community College. An expensive tunnel may use all the money so the transit line would end there and not even reach Tigard or Bridgeport. Mayor Cook and Councilor Goodhouse emphasized that the line needs to go to the Tigard Triangle and to the downtown.There is also a proposal to skip Tigard entirely and go straight to Bridgeport. The vote will be pushed out while an agreement is formed with PCC.An above-ground people mover is still on the table. Mayor Cook clarified that the citizens in the regional will pay a share but none of it comes out of the city's budget. If it is a$2.4 billion project and the federal government kicks in$1.2 billion,then$600,000 of state lottery and other federal transportation money would be used and the region would pay the rest,however,the region may want other things fixed. He said in that case light rail would cost the average homeowner$50 annually. TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 26,2016 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov 1 Page I of 14 Councilor Woodard said there also needs to be consideration for transients and the homeless population in the corridor. City Manager Wine reminded council members bringing handouts to bring an additional copy for the city recorder to enter into the record. BRIEFING ON BULL MOUNTAIN PARK AGREEMENTS Parks Division Manager Martin said the Friends of Bull Mountain Park(FBMP) will receive a Metro Nature in Neighborhoods grant and as the city sponsor;Tigard must sign an IGA with Metro. The $125,000 grant will pay for natural play area items and Metro wants the city to capitalize the playground equipment.There is also a memorandum of understanding with the FBMP.They are committing to checking in with the city regarding project development status at 30, 60 and 90 days. There is also a city staff member attending all of the FBMP meetings. Mayor Cook referred to an earlier disagreement among the neighbors regarding whether the park should remain more a natural space or have a flat ballgame area. Mr. Martin said there may still be some disagreement regarding the field. It could be leveled in the future but at present the group does not have permits for such major work and a leveled field is not currently in the plan. Mayor Cook asked about providing more parking spaces for users coming from outside the immediate neighborhood.Mr.Martin replied that the city tries not to draw too many people to a park designated as a neighborhood park. Mayor Cook said he wants the keep the possibility alive of adding a few parking spaces inside the park. Councilor Woodard agreed and said small parking spaces are economical and would be beneficial. Council agreed that this IGA could be on the February 23 consent agenda. Councilor Henderson asked if the future city costs for maintenance of this park were identified. He commented that the Eugene Rhododendron Society is a very active local volunteer organization that does a lot of work but there is still a cost to the Eugene. Councilor Woodard asked about using Fowler Middle School for a Relay for Life event this year and had a question about the Walnut Street project construction schedule. City Manager Wine said Senior Transportation Project Engineer McCarthy sends out a project schedule weekly as part of the council's Thursday packet. Councilor Woodard will pass that information along to the event organizer. Administrative Items: o Council President Snider noted he would be absent from the July 5 and July 12 council meetings. o City Manager Wine reminded council of their Summerfield council outreach event on Thursday,January 28 from 7-8:30 p.m. at the Summerfield Clubhouse. Councilor Henderson said he was unable to attend. TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 26,2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 2 of 14 1. BUSINESS MEETING A. At 7:38 p.m. Mayor Cook called the City Council business meeting to order. B. City Recorder Krager called the roll: Present Absent Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ C. Mayor Cook asked everyone to stand and join him in the pledge of allegiance. D. Mayor Cook called to council and staff for Non-Agenda Items. There were none. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication-City Manager Wine reported on two items brought to council's attention by Summerfield liaison Robert Van Vlack. She said city crews cleared the brush from the brick wall along Durham Road in preparation for repairs. Public Works Director Rager continues to work with Summerfield residents on ways to improve safety at the intersection of 98d Avenue and Summerfield Drive. Ideas include lettering on the street to call attention to the stop sign. B. Citizen Communication—Sign-up Sheet. Paul Grove,representing the Home Builders Association, 15555 SW Bangy Road,Lake Oswego,OR 97035,thanked council for their consideration of the HBA request in December related to System Development Charges (SDCs). He asked council if they had any questions and they did not. 3. CONSENT AGENDA: (Tigard City Council)— A. APPROVE 2016 CITY COUNCIL LIAISON ASSIGNMENTS B. CONSIDER AN INTERGOVERNMENTAL AGREEMENT WITH PORTLAND FOR PARTICIPATION IN THE INTELLECTUAL PROPERTY CRIMES TASK FORCE C. CONSIDER AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT WITH METRO TO INSTALL REGIONAL TRAIL SIGNAGE D. CONSIDER RESOLUTION WAIVING TEMPORARY SIGN PERMIT FEES FOR SOUTHWEST METRO BABE RUTH BASEBALL TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 26,2016 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 3 of 14 E. AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY TO REVIEW AND UPDATE THE NATURAL HAZARD MITIGATION PLANS (NHMP) No Consent Agenda items were removed for separate consideration. Council President Snider moved for approval of the Consent Agenda. Councilor Goodhouse seconded the motion and it passed unanimously. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ 4. QUASI-JUDICIAL PUBLIC HEARING: FRANZKE/RIRIE ANNEXATION— ZCA2015-00002 a. Mayor Cook opened the public hearing. b. City Attorney Rihala read the hearing procedures. C. Mayor Cook asked council if any member had a conflict of interest or any ex parte contact. No one expressed any at that time. (Later on in the hearing Council President Snider realized that his family owns property in the general vicinity of the subject property but his ability to make a non-biased decision would not be affected in any way.) Mayor Cook asked if anyone in the audience challenged the participation of a council member. There were no challenges. d. Mayor Cook read a statement about conduct for the hearing and testimony procedures. e. Staff Report: Associate Planner Caines gave the staff report. Aside was shown of the annexation area map.This is a request to annex three parcels,approximately 2.77 acres and one-half of adjoining right of way along 133`d Avenue into the city. The reason for the request is to obtain city services for a future development of 16 houses.There are existing homes that will be removed prior to development. The city asked neighboring properties if they wanted to join the annexation but there was no interest. The future development zoning will be R-7 which is closest to what neighboring properties are zoned. Comments were received from TVF&R which endorsed the annexation. The property to be annexed is within the Enhanced Washington County Sheriff Patrol District,Urban Road Maintenance District and the Tigard Water District and will need to be withdrawn from those districts. The annexation meets the requirements of the Tigard Community Development Code, Tigard Comprehensive Plan,state statutes and Metro Code. Staff recommends approval of the annexation. TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 26,2016 City of Tigard 1 13125 SW Hall Blvd..Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 4 of 14 f. Applicant Testimony: Annemarie Skinner,Emerio Design, 8285 SW Nimbus,#180, Beaverton,OR 97008,said she represents the owner in this matter. They concur with the staff report. The applicant submitted all required materials and it meets all required code standards and the Comprehensive Plan. She said the applicants are eager to enter the city. Currently the properties are connected to water but are on septic systems. Future development will utilize city sewer services.A neighborhood meeting was not required but one was held anyway. No objections were raised. Most of the neighbor concerns pertained to trees;half wanted them removed and half wanted them retained. g. Questions from council: None h. Public Testimony: No further testimony. i. Staff response to testimony: Associate Planner Caines had nothing to add at this time. j. Applicant rebuttal to testimony: None. k. Mayor Cook closed the public hearing. 1. Council Deliberation: Councilor Woodard asked when the tax incentives begin.Associate Planner Caines said annexations occurring prior to March are in the current tax year. Council President Snider said when looking at the map he realized that his family owns some property in the general vicinity of the subject property but his ability to make a non-biased decision would not be affected in any way. Councilor Woodard moved to approve Ordinance No. 16-01. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. Ordinance No. 16-01 — AN ORDINANCE ANNEXING THREE PARCELS OF LAND TOTALING APPROXIMATELY 2.77 ACRES AND ONE-HALF OF THE ADJOINING 133RD AVENUE RIGHT OF WAY TOTALING .15 ACRES,APPROVING THE FRANZKE/RIRIE ANNEXATION (ZCA2015- 00002)AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT AND TIGARD WATER DISTRICT Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Mayor Cook announced that Ordinance No. 16-01 was adopted unanimously. TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 26,2016 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 5 of 14 5. INFORMATIONAL PUBLIC HEARING: CONSIDER ADDING THE CITY OF BEAVERTON TO THE CENTURYLINK FRANCHISE AGREEMENT a. Mayor Cook opened the public hearing and announced that this is an informational public hearing in which any person shall be given the opportunity to comment. b. Staff Report: Network Administrator Sears gave the staff report. Tigard recently entered into a franchise agreement with CenturyLink. Some areas within Beaverton are surrounded by other jurisdictions included in the CenturyLink service area. This change to the agreement adds the City of Beaverton to the franchise area. Fred Christ,representing the Metropolitan Area Communications Commission(MACC) said their rules require that when a jurisdiction is proposed to be added,all the other jurisdictions must approve it. Councilor Henderson asked if other cities had voted on this and Mr. Christ replied that Tigard's vote tonight would be the sixth of six. C. Council questions: Council President Snider asked if there was a better way to manage franchise agreements so that a relatively minor change does not require so many cities to go through an approval process. Mr. Christ said this situation was unusual. d. Public Testimony: No one signed up to speak. e. Council questions: None. f. Mayor Cook closed the public hearing. g. Council Deliberation: Councilor Woodard commented that competition for cable service is good and it was nice to have Beaverton on board. Councilor Goodhouse moved to approve Ordinance No. 16-02 and Council President Snider seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 16-02—AN ORDINANCE OF THE CITY COUNCIL OF TIGARD AMENDING A NON-EXCLUSIVE CABLE FRANCHISE TO QWEST BROADBAND SERVICES,INC.D/B/A CENTURYLINK TO ADD THE CITY OF BEAVERTON Mayor Cook asked City Recorder Krager to conduce a roll call vote. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Mayor Cook announced that Ordinance No. 16-02 passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 26,2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page 6 of 14 6. LEGISLATIVE PUBLIC HEARING—CONSIDER SMOKING BAN IN CITY PARKS AND TRAILS a. Mayor Cook opened the public hearing and announced that this is a legislative public hearing in which any person shall be given the opportunity to comment. b. City Attorney Rihala announced that the hearing procedures are the same as for a general public hearing.There is a sign-up sheet and oral testimony may be offered only by persons asked to speak by the Mayor. c. Staff Report:Assistant City Manager Newton gave the staff report and said the purpose of the hearing is to talk about a proposed ordinance to prohibit smoking in parks and open spaces within the City of Tigard. The council discussed this on December 8,2015,and the consensus was to direct staff to draft an ordinance but with a phase-in of penalties to allow time for community education. She said if council adopts this ordinance the Tigard Youth Advisory Council(TYAC) has enthusiastically agreed to embark on a public education program. The ordinance is similar to what was discussed on December 8 but has a delay in enforcement until July 1,2016. d. Council Questions: Councilor Woodard clarified that smoking is banned on open spaces and trails and not public sidewalks.Assistant City Manager Newton said it does not include rights of way or public streets. Councilor Henderson asked about the wording change in the penalty section 7.52.225.b. Assistant City Manager Newton said the original language had imprisonment as a penalty and staff removed that and put in a fine for the violation. Councilor Henderson asked if the definition of parks included private and public property. Assistant City Manager Newton said parks are defined as open space or recreational property owned or maintained by the city and open to the public. Councilor Woodard asked if this would be posted in the rental shelters in the parks. Assistant City Manager Newton said there would be extensive communication to the public including signage,the website,and the Cityscape in advance of enforcement taking effect in July. In response to a question on trail signage,Ms. Newton said entrances onto trails from neighborhoods or other main points of entry would have signage. Council President Snider asked if the park definition included city-owned green spaces in neighborhoods and Ms. Newton said if they are open to the public,there can be no smoking. Green spaces owned by homeowner associations are private property and it would not apply to them. City Attorney Rihala said the intention of the language in the definition was to address the city's water sites which are viewed as open spaces but not open to the public. Council President Snider raised the issue of an employee or contractor smoking while working in a park maintenance or construction area behind a fence and not open to the public. Mayor Cook said any smoking while within a city-owned park or open space should be banned,even in an area not accessible to the public. TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 26,2016 City of Tigard 113125 SW Hall Blvd.,Tigard.OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 7 of 14 In response to a question from Councilor Henderson,Mayor Cook said the definition has to include park or trail property the city does not own but maintains,such as the Tigard Street Trail. Council President Snider asked about removing imprisonment as a penalty for other violations such as fireworks,alcohol,and vandalism,etc. City Attorney Rihala said after conferring with police they found that a violation could not be punished by imprisonment. Violations are not crimes and this language should not have been included in the code originally. e. Public Testimony Elise Shearer,9980 SW Johnson Street,Tigard,OR 97223,said it was highly unusual for her to protest against this issue. She is an adamant non-smoker who has seen firsthand the damage done to individuals from smoking. She said the city should ban smoking within 50 feet of city- owned building entrances. But parks are a publically-owned utility funded by tax dollars and trails are part of the city's transportation system. She added that smokers using parks and trails have paid taxes for those areas and deserve consideration. She said she understood not wanting smoke near playgrounds and recommended a 50-foot barrier from picnic tables and playground equipment,with signage and appropriate disposal facilities for smokers to use. She suggested that the police do not have the time and resources to enforce a smoking ban. Ms. Shearer said smokers deserve consideration of their addiction which is one of the toughest addictions to break.They are already practicing self-taxation with their habits. She said it would be better if the city posted signs,disposal containers,and educational material and enforced burning bans in the dry season. She said this was a waste of police resources and is not enforceable.The TYAC could still make a video against smoking. She added that many smokers have gone on to use alcohol or other substances and lost their drivers licenses. They must now use the trails to walk or get to transit for work. She said the city should not ban them and the ordinance was neither just nor appropriate. Gwyn Ashcom,representing Washington County Tobacco Prevention and Education Program, 155 North First Avenue,Hillsboro,OR,extended support from Washington County for Tigard council's efforts to ban tobacco or inhalant delivery systems in publically-owned public spaces. Other cities to have already passed this legislation include Banks,Beaverton, Hillsboro,Forest Grove,and North Plains.The cities of Sherwood,Cornelius and Tualatin are also having conversations about this. She said this is primarily a prevention tactic for youth as 15.6 percent of high school students and 8.4 percent of middle school students use these products. She said a smoking ban creates a culture of respect for the environment and for the community,where everyone has the right to avoid second-hand smoke. New research is showing elements of formaldehyde,metals and silicate particles are produced from vaping exhalation. f. Council Questions: Mayor Cook asked Ms.Ashcom if Tualatin Hills Park and Recreation District(THPRD)is also on the list of smoke-free facilities and Ms.Ashcom said they were. TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 26,2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page 8 of 14 g. Council Deliberation: Council President Snider said he wanted to be sensitive to the rights of smokers but had to balance it against significant public health considerations. He said he was not willing to let 85 to 88 percent of the public be negatively impacted by the 12 percent who pollute other people's air. Councilor Woodard agreed and said green space areas are a recreational environment. This sets a lifestyle standard and is appropriate in this case. He is pleased Tigard is joining the neighboring institutions that have already put this in place. Mayor Cook concurred. It is easier to say smoking is banned in,"every park in Washington County," rather than expect people to know when they cross a city border while on the Fanno Creek Trail. Councilor Goodhouse said there would be peer enforcement. This ordinance gives people some weight when asking others to not smoke around their children in a park. It makes the parks or open spaces more enjoyable. h. Close Public Hearing—Mayor Cook closed the public hearing. Councilor Goodhouse moved to approve Ordinance No. 16-03. Councilor Henderson seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 16-03—AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO PROHIBIT SMOKING IN CITY PARKS Mayor Cook asked City Recorder Krager to conduct a roll call vote. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Mayor Cook announced that Ordinance No. 16-03 passed unanimously. 7. LEGISLATIVE PUBLIC HEARING—CONSIDER SMOKING BAN ON CITY PROPERTY a. Mayor Cook opened the public hearing b. Mayor Cook said the hearing procedures were the same as the previous hearing. TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 26,2016 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 9 of 14 C. Staff Report:Assistant City Manager Newton gave the staff report. She said unlike the previous ordinance for banning smoking in parks,this had council consensus for staff to bring something forward but no agreement on what that would be. The current state law says no smoking within ten feet of the doors on city-owned property but that is not always enough to keep smoke away from areas people have to walk through,such as the courtyard between the Permit Center and Town Hall. Coincidentally, staff has been in discussion with both of the city's employee unions. A 50-foot radius around the buildings is easier to measure and enforce than figuring out ten feet from each door and operable window. She noted an important factor:if the 50-feet perimeter reaches a sidewalk or a street,it does not include that public right of way. If adopted,a new chapter would be added to the Tigard Municipal Code. d. Council questions of staff Mayor Cook said all employers were required,effective January 1, 2016,to put up new stickers prohibiting vaping and all electronic smoking devices from being used inside public buildings. He said he assumed the city will soon be placing those stickers on buildings. Assistant City Manager Newton said she has discussed this with the Central Services Director Robinson and she is aware of the new requirements. Councilor Henderson asked about the penalty phase and said it is inconsistent with the park penalties and they should be consistent. Councilors Woodard and Goodhouse said they agreed with that change. Councilor Woodard referred to Ms. Shearer's earlier testimony and said he has an issue with the city trying to penalize a habit. Employees have an expectation that they will be able to smoke in a convenient area while on break or lunch. He asked if 50 feet was a standard. Mayor Cook said ten feet is the minimum state requirement but the maximum is banning it on the entire campus,such as Providence,Kaiser,and universities and schools do. Ms. Newton said employees honor the ten foot requirement but the smoke travels and it is too close. Councilor Woodard said he could support this if there was a shelter. e. Public Testimony: Gwyn Ashcom,representing Washington County Tobacco Prevention and Education Program, 155 First Avenue,Hillsboro,OR,supported a 100 percent smoking ban on city properties. She said all of the other cities banning smoking in parks also ban it on their campuses. She asked council to consider the message this gives to employees. When tobacco cessation programs are offered to employees yet there is a place to smoke during a break it becomes a mixed message. She said the trend is toward 100 percent tobacco free campuses which eliminates any confusion. Council President Snider said the 50-foot buffer was suggested because it did not appear there was council consensus for a ban on all city-owned property. He asked Ms.Ashcom if she thought 50 feet was better than nothing. She said the trend is for cities and counties banning smoking in parks to ban it on all city-owned property. She noted that a 100 percent ban would trump the existing 10 feet away from entrances law and the city would not have to put the specific decals on the buildings,Tigard could just say they are smoke-free campus. She said areas that try designated smoking places just attract a congregation of smokers and TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 26,2016 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 10 of 14 the second hand smoke increases for the smoker themselves because they are in a tighter spot. f. Mayor Cook closed the public hearing. g. Council Deliberation: Council President Snider said he supported a complete ban but asked if agreement cannot be reached would his fellow councilors consider a complete ban at the library campus. Councilor Goodhouse said he supported making all city properties smoke free and match the penalty language used for the parks smoking ban. Councilor Woodard asked how it would work for library SEIU members.Assistant City Manager Newton said preliminary discussions had already been held with the SEIU union and they have tentatively agreed to the 50-foot line but making the library property smoke free was not part of that discussion. Council President Snider asked if Washington County, THPRD and other cities with large public employee unions have all held impact bargaining around this. He said council raised this issue months ago and there were specific issues about the bargaining and staff has not provided answers,which was concerning to him. Councilor Woodard said he was comfortable with a 50 foot ban as long as there are smoking shelters. He felt that a 100 percent ban was too heavy-handed and commented that if an exception is made for the library it needs to be made for all. City Manager Wine said the city will be obliged to do impact bargaining with its two unions. She said staff can check how other institutions accomplished this but she suspects that the order was first to approve an ordinance and then bargain with the unions. Councilor Goodhouse moved to approve Ordinance 16-04 with language to make all city property smoke free with the fines matching the smoking ordinance banning it in parks and open spaces. Councilor Woodard said he could not support that. Motion failed for lack of a second. Councilor Henderson said he agrees with making the library smoke free because of the influence on children. He said it was interesting that council will not be treating everyone the same. Mayor Cook said he was thinking along the same lines. Ten feet from an entrance is not enough. But if 50 feet is used it will be hard because by the time a visitor to city hall sees the sign they will be within ten feet of the entrance. He said it would be easier to make it a smoke-free campus.He said encouraging smoking cessation for employees would also help reduce overall health insurance costs and he was in favor of an overall ban. Councilor Woodard expressed concerns that this sets up some employees for failure. He commented on freedoms being lost every day. A phase-in period was discussed and Mayor Cook asked the Washington County Tobacco Prevention Coordinator Ashcom for a response to the question about what was an appropriate delay for implementation. Gwen Ashcom said giving people time to adjust is best. She said Portland State University took almost a year before their ban went into effect in order to give students enough time for orientations. She felt a three- to six-month window was adequate to give current employees a chance to adjust and for employee TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 26 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 11 of 14 handbook,recruitment and orientation materials to be updated. She suggested no less than a three month period. Councilor Goodhouse made a motion to amend the ordinance effective date to July 1,2016. Council President Snider seconded the motion. City Attorney Rihala proposed a further amendment. She suggested that if the ban is being extended to all city-owned or operated property it not include public rights of way. Councilor Goodhouse made a motion to amend the ordinance effective date to July 1,2016 and exclude public rights of way. Council President Snider seconded the motion to amend the ordinance. Mayor Cook conducted a vote on the amendment. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Mayor Cook asked City Recorder Krager to read the number and title of the ordinance and conduct a roll call vote. Ordinance No. 16-04,AN ORDINANCE TO THE TIGARD MUNICIPAL CODE TO PROHIBIT SMOKING ON ALL CITY OWNED AND OPERATED PROPERTY EFFECTIVE JULY 1,2016,PENALTIES TO MIRROR THOSE FOR SMOKING ON PUBLIC PARKS AND TRAILS, and EXCLUDING PUBLIC RIGHTS OF WAY Councilor Woodard said he hoped the transition goes well for the public and he hoped there are no unintended consequences. He applauded council for coming up with a solution they feel is right for the city but he felt it is too heavy-handed. City Recorder Krager conducted a roll call vote on Ordinance No. 16-04. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Mayor Cook announced that Ordinance No. 16-04 passed by a majority vote,4-1. TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 26,2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 12 of 14 8. CONSIDER ADOPTION OF CITY COUNCIL 2015-17 GOALS City Manager Wine gave the staff report for this item. She said the city council structured goal setting to focus on the two years that the five sitting councilors would be serving together in office and set goals around the things needing focus and attention. Based on the January 5 review she produced a review of goals with council changes as requested. She said the format included estimated timelines. A sixth goal,to define and establish the city's role in addressing homelessness, was added. Councilor Woodard asked when council would be going over objectives for the homelessness issue and City Manager Wine said it would be discussed at a council workshop in the next few months. Councilor Woodard asked for a presentation by the chair of the Vision Action Network and statistical information for Washington County. Mayor Cook asked council if everything was captured from the goal discussion. Councilor Henderson asked about the dates listed and City Manager Wine said she put in some suggested workshop dates where these topics could be discussed. She noted for example,if there is anything that will go to the ballot in November,council needs to take action before August. Council President Snider moved for adoption of the city council 2015-17 goals. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Mayor Cook announced that the motion was approved unanimously. 9. NON AGENDA ITEMS None. 10. EXECUTIVE SESSION: Held during the Study Session. 11. ADJOURNMENT: At 9:29 p.m. Councilor Woodard moved for adjournment and the motion was seconded by Council President Snider. All voted in favor. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 26,2016 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 13 of 14 Carol A. Krager,City Recorder Attest: 44WC John . Cook,Mayor 4,a ar.0 Date TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 26,2016 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 14 of 14