City Council Minutes - 05/18/2010 City ofTigard
■ Tigard Workshop Meeting - Minutes
TIGARD CITY COUNCIL
MEETING DATE/TIME: May 18, 2010—6:30 p.m. —Workshop Meeting
MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223
1. WORKSHOP MEETING
1.1 At 6:30:34 PM Mayor Dirksen called the meeting to order.
1.2 Deputy City Recorder Krager called the roll.
Present Absent
Mayor Dirksen x
Councilor Henderson x
Councilor Webb x
Council President Wilson x
Councilor Buehner x
1.3 Pledge of Allegiance
1.4 Council Communications&Liaison Reports -none
1.5 Call to Council and Staff for Non-Agenda Items - City Manager Prosser announced that an Executive
Session would be held after the regular meeting agenda items.
2. TIGARD MUNICIPAL COURT ANNUAL REPORT&MEETING WITH MUNICIPAL JUDGE
Administrative Services Manager Nadine Robinson and Municipal Judge Michael O'Brien presented the annual
report on Tigard's Municipal Court. A copy of their PowerPoint is available in the City Recorder's office.
Judge O'Brien reported that the court's caseload increased by 47% in 2009. There were increases in the
number of traffic citations including a 93%increase in seatbelt violations and a 61%increase in speeding tickets.
He said the public information program was expanded because the goal of Tigard's court is to change the way
people drive. This public information includes a regular column in the Cityscape written by judge O'Brien.
Recent topics include, "Driving While Distracted," "Targeted Enforcement in Tigard," "Dangerous Driving's
Top 10 List,"and"Texting and Phoning Behind the Wheel."
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Another notable event was that as the caseload rose, so did the fines. The state legislature imposed a $45
offense surcharge on all traffic violations and this is allocated to city and county treasuries. The caseload for
traffic violations accounts for the vast majority of the increase in fine revenue as well as an increased workload.
The court imposed fines, penalties and assessments totaling $1,265,871, which is an increase of 31% over the
previous year. From collected funds, Tigard distributed $316,465 in statutory costs and assessments to
Washington County and the State of Oregon.
Judge O'Brien noted an increase in vehicle impoundments over the last year. Most were due to lack of
insurance or a suspended driver's license. People are not able to retrieve their vehicle from impound-ment until
they can show compliance. This is a considerable additional expense beyond the$295 fine for having no
insurance.
6:40:22 PM Judge O'Brien said fines are reduced inmost cases;primarily due to good driving records. He said
that because of the current economy the court is seeing more financial hardship evidenced by defendant
paperwork. Some courts,such as Beaverton,offer community service but Tigard does not have this program.
It would require a lot of staff involvement to follow up and make sure the service was completed and the City
doesn't have the staff resources at this time. He said however, the City typically works out payment
arrangements with those who cannot afford to pay the entire fine on their court date.
Judge O'Brien mentioned the small Youth Court caseload. He said the small number of cases gives the Court
the luxury of spending 30-40 minutes with the juvenile and their family.
Current activities include getting electronic citations on-line. Officers will be able to enter an Oregon driver's
license and the information will be downloaded,populating the forms which are then transmitted to the court
office electronically. This technology allows officers to write tickets more quickly.Another innovation is
accepting on-line payments by credit card which facilitates fine collection.
Judge O'Brien noted that the new Oregon law against cell phone calling and texting while driving became
effective January 1,2010 and is bringing in many offenders.
6:50:50 PM Mayor Dirksen asked if Council had any questions. He thanked Judge O'Brien and the court staff
for providing a great service to the community by allowing citizens to deal with smaller infractions locally,rather
than going to the County court in Hillsboro. He inquired about the reason for the increase in citations in the
past year.
City Manager Prosser offered that a reason for this increase may be that one of Tigard's police motorcycles was
damaged the year before but is back in service now.Judge O'Brien said the police are up to regular staffing
levels.
Council President Wilson asked what percent of offenders are Tigard residents vs. those from outside the city.
Judge O'Brien said he did not know but it could be tracked and the statistics presented at the next annual
report.
3. JOINT MEETING WITH THE LIBRARY BOARD
6:58:03 PM Library Director Barnes said her annual report would be presented by members of the Library
Board. Board Member Heath spoke on behalf of Library Chair Burke who was unable to attend. He introduced
other Board Members in attendance: Linda Mohahan, Grace Amos, ,John Storhm, Jennifer Vacicek and
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Cecelia Nguyen. Board Member Heath gave a macro-view of a library's function in society today. He said,
`Public libraries have always been community gathering places, settings intentionally equipped for societal ad
personal transformation. They're especially essential in the lives of the socially excluded, because they are
charged with the mission of providing free access to information and connections to resources and to other
people."
Board Member Vacicek said the library's non-traditional progranuning is well-rounded, offering something for
every audience. She pointed to two posters advertising the Civil War (Oregon State vs. University of Oregon)
and Superbowl broadcasts. She said the library partnered with Oregon Symphony in featuring different
instruments in four events.
Board Member Stohrm described the Oral Histories Project, which was offered during the Tigard Reads
program. Participants were asked to read certain books about the Great Depression and Tigard adults read,
"The Grapes of Wrath." In partnership with the Tigard Historical Society,Library staff members recorded oral
histories from eleven people who live in Tigard now but were scattered around the United States during the
Great Depression. These recordings are available in the Library and through the Tigard Historical Society.
Library Director Barnes introduced a video clip of an oral history interview with H. Oliver Keerins.
Library Board Members Heath and Monahan demonstrated bowling with a Wii,saying this was available to use
at the Library. Tigard Public Library received a $5,525 Library Services and Technology Act Gaming Grant
which was used to purchase not only traditional board games such as Scrabble and Monopoly, but also
electronic family game systems like Xbox,PlayStation and Wii.
Council President Wilson asked if these were shown a big screen. Library Director Barnes said there are two
large screens in the Community Room,where most of the gaming events for young people,baby boomers and
seniors take place. Councilor Henderson asked about the noise level. Library Director Barnes explained that
the Community Room is separate from the main library and so far,no complaints have been received about
noise.
7:15:22 PM In response to a question from Councilor Webb about how the coffee shop is doing, Library
Director Barnes said it is doing well.
Board Member Monahan summarized,saying the Library offers much more than a place to check out books.
Many patrons use the computers for homework and video conferences with family members,including those in
military service,all over the world. Computers are also used for job searching. She asked Council for their
support to continue the WCCLS (Washington County Cooperative Library Services) levy which will be on the
ballot this fall. Mayor Dirksen said this levy helps fund Tigard Library operations and he hopes that people
consider the valuable asset their library is when they see this on their ballot in November.
library Board members distributed an informational piece entitled,"How libraries Stack up:2010,"a copy of
which is available in the City Recorder's office.
4. RECEIVE UPDATE ON HIGHWAY 217 INTERCHANGE MANAGEMENT STUDY PROGRESS
7:20:15 PM Engineer Duenas recapped the study which began in July, 2009. The initial phase included
brainstorming on what can be done to improve traffic on 217,with the knowledge that the $1.0 billion
estimated cost for the long-term plan of widening the freeway to six lanes is currently not feasible.
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7:22:42 PM Engineer Duenas said ODOT is conducting the study with Washington County and is being
guided by a Transportation Advisory Committee (TAC) consisting of staff from the County,Tigard,
Beaverton, ODOT and Metro. He said he and Senior Transportation Planner Gray represent"Tigard on the
Committee.
Phase 1 of the project was to identify a list of projects that can be done for$10-20 million, but that could be
scaled down if this amount is not available. He presented a PowerPoint showing the study area and
discussed filters used to narrow the project list. The guiding criteria were low cost,reliability and safety. Key
problems were discussed, including the suggestion that this is the one freeway in the entire Metro area that is
"unreliable," that is,you don't know if your trip will take ten minutes or one hour. Phase 2 further examined
those projects and reduced the list of 40-50 projects down to four or five. The recommendations include:
o Systems Management Strategies:
• Targeted shoulder widening
• Travel Time Information Signs
• Variable Speed Limits
o Ramp Management Projects with Associated Street Improvements
• Denny Road Interchange Closure
• Wilshire Interchange Closure
• Wilshire and Walker Interchange Closures
• Wilshire, Walker and Denney Interchange Closures
Engineer Duenas said targeted shoulder widening can have a great effect, restoring lost capacity and allowing
incidents to be managed from the side of the highway. He said 65% of this freeway's capacity is lost
whenever there is an accident. This strategy is scalable, that is,it can be done as money becomes available. Six
potential locations for shoulder widening were identified.
Travel time information si rgris can be used on arterials and the freeway. Signs on arterials guide travelers to
make the decision whether to get on the freeway or not,before they are committed to an interchange. A
savings of$32 million would be realized over a twenty-year period if this was implemented at full scale.
Variable Speed System: Engineer Duenas said drivers can actually get though more quickly if travel speed is
slower on Highway 217. Signs would vary the speed limit,which would reduce rear-end collisions. He said
70%of all incidents on Oregon 217 are rear-end accidents. Advantages are that this project is scalable and
can be done on both sides of the Highway. Public savings of$26 million are estimated if this was put into
effect.
Engineer Duenas said closing ramps would improve safety and reliability but this is also the most
controversial solution. He compared the 7.5 mile stretch of 217,which has twelve interchanges,yet I-205
has only three interchanges. He said Highway 217 has too many interchanges,too close together. He said
closing ramps affects nearby neighborhoods. Closing the Denny Road interchange, for example, affects
some industrial land in Beaverton. Engineer Duenas said closing all three would make 217 into a real
freeway with benefits of less lost time and freight delivery delays. .
Councilor Henderson asked "What is the "benefit?" Engineer Duenas said it is the predictability of being
able to plan your trip and have it be safer due to fewer weaving sections.
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Mayor Dirksen said there is another way to quantify a benefit and that is less loss of people's business hours
and production due to being stuck in traffic on 217, as well as wear on fuel mileage to cars caught in
congestion.
Engineer Duenas said public outreach will begin in June and will include Tigard Chamber,Westside
Economic Alliance,Lincoln Center and Washington Square. City Manager Prosser said ODOT recently
sent an e-mail regarding stakeholders that didn't have CPO 4M or CPO 4B. He suggested those be added as
well as the neighborhood networks along the freeway. Engineer Duenas said he will follow up on that.
Councilor Buehner suggested adding CPO 3 to the stakeholder list as it runs along the freeway in in the
Garden Home area.
Councilor Buehner said that when leaving Highway 26 from downtown to get onto Highway 217 —there is a
blind comer and if there is an accident,you can't see it until you are too close to the cars. She suggested a sign
that blinks when there is a traffic back-up. Engineer Duenas said he will follow up on that.
Council President Wilson questioned if models were done of all of the side streets and if they were adequate.
He cautioned that if it is anything like the Barrows Road closure, it could be a disaster. He said what is really
needed on 217 is more capacity.
Engineer Duenas said the long-term plan of widening is too expensive so they are looking at what can be done
sooner. Ramp closure impacts are not insignificant but workable. Side street mitigation is an auxiliary benefit
as projects on both Beaverton and Tigard's Transportation System Plans would be completed as part of this
project.
Councilor Buchner said she understood how closing Wilshire made sense as it is a low-use ramp, but said the
complex between Canyon/Beaverton-Hillsdale/Denny and Allen barely functions now. She said she did not
see how closing ramps will be effective.
Mayor Dirksen said that while signage and other less expensive items were recommended to move forward with
right away, there is more research to be done on ramp closures before they are seriously considered.
Engineer Duenas said stakeholder interviews will begin as part of the public involvement process soon. He will
keep Council informed of the progress.
5. REVIEW SANITARY SEWER REIMBURSEMENT INCENTIVE PROGRAM REGARDING
DEFERRALS
Public Works Director Koellermeier said City engineering staff had, at Council's request, done a considerable
amount of research on sewer reimbursement district deferrals. He said the City is in the middle of adopting the
Hoodview Sanitary Sewer Reimbursement District and some questions had come up as part of this. He said
City Engineer Kyle Staff did research on sewer reimbursement deferrals and would present answers to
Council's questions.
7:49:08 PM
City Engineer Kyle read and responded to each question.
• Have you required people to pay a reimbursement fee in excess of$15,000?
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He said that since 2003 the City has not required anyone to pay in excess of that amount. There have
been three people who chose not to accept the deferment and paid it off, for a total received of about
$6,000.
• Regarding the Ann Street Reimbursement District,does anyone in that District have an assessment fee
in excess of$15,000?
There were eleven property owners, six have connected and each paid only $6,000. The remaining
property owners can connect to sewer between now and a date in July for $6,000. After that they will
have to pay the entire fee.
• What properties have taken advantage of the incentive program within the past three years?
He said staff looked back and found that 21 of a possible 32 have connected and taken advantage of
the program. Of that,there are signed deferral agreements in the amount of$190,000. They each paid
$6,000 each for their share of the reimbursement fee, for a total of$126,000.
• if we offer the deferral to all properties that qualify, including the Hoodview properties, how much
money would then be deferred?
The total remaining that could be picked up (including Hoodview) would equal $250,000. There is
$139,000 left in possible deferrals that are within the three-year window. There are two more districts
coming that could have deferrals estimated to be as high as $300,000.
Potential total deferrals add up to$775,000,or roughly 7%of the sewer fund.
Councilor Webb said she misunderstood the sewer reimbursement process from the beginning.Public Works
Director Koellermeier said he could see where the misunderstanding is and the question appears to be what is it
that triggers paying the amount above$15,000. He said the answer is a land use action,which lends itself to
Councilor Webb's remembrance of a lot division. Councilor Webb asked,"So basically,if your lot cannot be
subdivided,you will only pay a maximum of$6,000?" Public Works Director Koellermeier said that is the case.
Mayor Dirksen said it makes sense that everyone involved in the system has to pay $6,000 for one house and
one sewer line. He said,"My neighbor having a sewer is of benefit to me just because it raises property values
and is for the public good." He said one reason C1eanWater Services wants everyone to be on sewers is that,
with the density inside the urban growth boundary, septic tanks are polluting the ground water. He said he was
concerned that some properties, due to their topography,would be very expense to hook up, but it is not the
property owner's fault that they live on a hill that is harder to hook-up.
Council President Wilson agreed and said that it is not always the case that people with large lots have more
expensive homes. He said many people with large lots are older and may not be able to subdivide because the
rest of their lot is steep or difficult to serve for some other reason. He said the way the City has been doing the
sewer deferrals is the, "best deal we can get for reducing the subsidy and I agree that some subsidy is
warranted."
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Mayor Dirksen said his concern had been that going forward with the ordinances as they are written and have
been enacted would bankrupt the City to finish the sewer system. But he said he heard that the answer to this
question was no,this is not overburdening the sewer fund.
7:59:11 PM Mayor Dirksen said Council needed to decide whether we want to move forward or if change is
necessary.He said in any case,we can't change the ordinance out from under the Hoodview District.
7:59:42 PM Public Works Director Koellermeier agreed and said the Hoodview district was brought into the
program under a certain set of assumptions,and their concern is beating the July 1 increase date.
He said staff has found an administrative process to allow the homeowners to pay the fees now and get locked
in at today's rate,even if Council needs more time to deliberate ordinance changes.
Mayor Dirksen questioned whether a change in the ordinance at this point would be worth the effort,with so
few districts left to do. He said this way everyone is treated the same way.
President Wilson asked if this was for a minor land use development. Engineer Kyle said,"The resolution
couples two things together,`land-use pemtie and`development'That means a major change to the use of the
land,such as partitioning the property or doing something major."
Councilor Webb said she agreed,as long as it is what the City has been doing. She said the issue had been
presented in a way that was confusing and she thought the City was going in a different direction.
Public Works Director Koellermeier said staff will be bringing two more districts to Council for approval this
summer and asked if Council wanted them brought forward under the current conditions. Council said they
don't want to change mid-stream.
Councilor Buchner asked about land use application provisions for auxiliary buildings (such as mobile homes),
put on a property for the care of an elderly family member, for example. She asked if a temporary auxiliary
building would trigger the deferral. She said temporary dwellings for this use were covered by a State Statute
which requires their removal when the use is no longer warranted.
Community Development Director Bunch said that accessory dwelling units are covered with a land-use action.
He said he didn't know about temporary care dwelling units. Councilor Buchner asked for staff to look into
this because it could be an issue as the baby boomer generation ages.
8:08:45 PM City Manager Prosser asked Councilor Buehner if she was referring to the sewer reimbursement
district code or the development code. He said in terms of the sewer reimbursement code,the issue the City
would have to address is,if we did something in the sewer reimbursement code related to that,how would it
affect all of the previous reimbursement districts—and would we be changing those agreements retroactively,
which is a more complicated issue.
6. NON-AGENDA ITEMS—Councilor Henderson thanked everyone for the opportunity to attend a speech at
the University of Oregon regarding transit and urban and suburban development and what Tigard have to work
with in the future.
Council President Wilson mentioned that he attended a light Rail Facilities Design Class at Portland State
University with Mayor Dirksen,Senior Transportation Planner Gray, and Streets and Transportation Projects
Engineer McCarthy. People attended from all over the world. He found it fairly technical but very informative
and plans to give a briefing at a future Council meeting.
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City Manager Prosser announced that the polls were closed and City Recorder Wheatley brought in information
on the measure to form a Tigard-Tualatin Aquatic District. Election results as of 8:00 p.m. are Yes -5,124
votes and No-2,431 votes.
7. 8:14:26 PM Mayor Dirksen announced the Tigard City Council would enter into an Executive Session to
discuss potential litigation ORS 192.660(2)(h).
8. 8:15:05 PM ADJOURNMENT Councilor Webb moved for adjournment of the Council Workshop
Meeting; Councilor Buehner seconded the motion, and all voted in favor. Council entered into an
Executive Session. Executive Session ended at 8:33 p.m.
Carol A. Krager,Deputy City Rec der
Attest:
Mayor, ity o Tigard
Date: Jct. / a aoio
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