City Council Minutes - 02/21/2012 = City of Tigard
Tigard Workshop Meetin - Minutes
TIGARD CITY COUNCIL
MEETING DATE/TIME: February 21,2011 —6:30 p.m.—Workshop Meeting
MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223
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1. WORKSHOP MEETING
A. At 6:34 p.m. Mayor Dirksen called to order the meeting of the City Council and the City Center
Development Agency.
B. Deputy City Recorder Krager called the roll:
Present Absent
Mayor Dirksen Vol
Councilor Henderson ✓
Councilor Woodard ✓
Councilor Wilson ✓
Council President Buchner ✓
C. Pledge of Allegiance
D. Council Communications &Liaison Reports—Mayor Dirksen noted that Council
President Buehner will report on four committees at the end of the meeting.
E. Call to Council and Staff for Non-Agenda Items—None.
2. RECEIVE TIGARD MUNICIPAL COURT ANNUAL REPORT
Municipal Court Judge O'Brien and Administrative Services Manager Robinson were present to discuss
Tigard's municipal court program and give an annual update. Judge O'Brien noted that the date for the
report was moved to the beginning of the year so council could receive the calendar year summary on a
more timely schedule.
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Municipal Court Judge O'Brien gave a PowerPoint presentation on court program highlights. Traffic
cases in 2011 were at the second highest level in court history. The fourth quarter broke the record for
most violations in a single quarter.Administrative Services Manager Robinson speculated that part of this
increase was due to the introduction of the electronic ticketing program, or e-cites.Judge O'Brien said the
simplified process means that officers can write tickets faster and Tigard's municipal court responded to
this higher caseload by streamlining case processing.
HJudge O'Brien said that while the electronic citations are the cause of the increased caseload,they are
also part of the solution. The data automatically transmits from the police department to court staff,
resulting in time savings and efficiency because data does not have to be manually re-entered by court
staff.
Judge O'Brien explained how the fine schedules were changed due to new laws from the 2011 legislative
session lowering the fine amount that appears on the front of a citation, effective January 2012. Instead of
costs and assessments going to separate agencies, there is one $60 priority payment to the state which must
be paid before anything is distributed to local jurisdictions. A bill was introduced in the 2012 legislative
session to lower the amount of the state assessment to $45;however,passage of the bill seems unlikely at
this date. He said minor housekeeping bills may come out of the legislature yet this session due to
ambiguities created by last year's House Bill 2712.
Judge O'Brien said the legislature also gave the courts more discretion in lowering fines. Courts had the
discretion to lower a fine by 25 percent but now can lower a fine up to 50 percent. In response to a
question from Mayor Dirksen,he said judges can also raise fines although that process is lengthy and
cumbersome. Council President Buchner asked if a matrix similar to what exists in criminal courts was put
into place. Judge O'Brien said it was, but the court also has discretion to increase or decrease the fine,and
it is not as rigid as in the criminal courts. Councilor Woodard asked for clarification about whether it
doesn't matter if a fine is increased or reduced,municipal courts still pay$60 to the state. Judge O'Brien
said that was correct.
9 Judge O'Brien presented slides showing traffic fine changes by violation class under House Bill 2712.
He said the lower the violation class,the higher the percentage of the fine portion going to the State of
Oregon. He provided an example of a Class D violation for speeding from 1-10 miles over the speed
limit.This violation used to have a base fine of$145;under the new law it is $110. If a municipal judge
reduces it by half for someone with a good driving record, the city would have to pay the entire fine to the
state. This leaves very little incentive to enforce Class D violations.
The judge said Tigard's municipal court has a "fix it"program which rewards compliance for drivers with
a good driving record with fine reductions, discharges or dismissals. There is an administrative fee of$40
which is not payable to the state.This program includes tickets for not carrying insurance, expired
registration, or broken tail lights. He said the court provides payment agreements for those in need.
Another way the court uses technology to streamline processes is offering the option to pay fines online
through CitePayUSA.
® Councilor Henderson asked about cell phone violation statistics. Judge O'Brien said he was amazed
there were 1,200 cell phone violations in Tigard over the past two years. He said Oregon State Police only
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issued 1,000 tickets statewide in 2010 so Tigard's level is comparatively very high. He noted that state
legislation negated the work-related call exemption for all drivers except safety officers. Hands-free
devices are required for all other callers. Administrative Services Manager Robinson added that holding or
programming a GPS while driving is also illegal.
Councilor Wilson requested a list of the top ten traffic violations. He said he has been studying ODOT
safety data and noticed that rear-end accidents are the most common cause of city driving accidents. He
said he discussed this with Police Chief Orr and advocated for greater enforcement priority for following
too closely, aggressive driving or driving while distracted. Judge O'Brien said the court is seeing a large
number of citations written for following too closely. He noted for the audience that a microchip can be
inside a radar gun is used to measure the distance and time separation between cars.
Mayor Dirksen asked Judge O'Brien if the court database can produce a report on the ratio of resident to
non-resident violations. Judge O'Brien said staff did this in response to a question from Councilor Wilson
a few years ago and found that thirty percent of citations were written to Tigard residents and seventy
percent to drivers from other communities.
Councilor Woodard asked if there was space on the ticket for the court staff to list the reasons given in
court for speeding. These could help identify hot spots where accidents are more likely to occur.
Administrative Services Manager Robinson said information is written on the tickets in court,but it is not
entered into a database. She said she will ask the police department about using a section on the e-cites
where officers could record such remarks.
Councilor Wilson said he suggested to Police Chief Orr that police officers and city engineers share
information. He said accidents are one reason for traffic congestion through Tigard. Finding out what
causes them can help city engineers design traffic lanes to alleviate problems. He said collecting and
analyzing crash data at McDonald/Gaarde/Pacific Highway can influence the design of that new
intersection, for example. Judge O'Brien commented that he has been seeing McDonald Street frequently
on police car videos in court. He said staff is considering the use of GPS technology to identify exact
incident locations.
Council President Buehner pointed out a problem with a blind corner at Walnut and 135 'Avenue.The
intersections are close together and create traffic backups due to difficulty turning into the traffic coming
from Murray Road as it is travelling too fast. She expressed interest in obtaining crash data for this
location because the city and county are discussing the installation of a traffic signal there.
3. ANNUAL JOINT CITY CENTER DEVELOPMENT AGENCY/CITY CENTER ADVISORY
COMMISSION MEETING
Redevelopment Project Manager Farrelly asked CCAC Members to introduce themselves. Present were
Ralph Hughes, Jeff Mauro,Alex Craghead,Elise Shearer, Peter Louw,Tom Murphy, Deanie Bush and
Phil Thornburg. Redevelopment Project Manager Farrelly noted that CCAC Members Linh Pao and Sherri
Devaney were unable to attend.
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0 CCDA Director Buehner announced for the viewing audience that the CCDA will now have dedicated
meetings on the first Tuesday of each month,beginning on March 6,2012. Redevelopment Project
Manager Farrelly said the CCAC is planning to send representatives to the meetings.
CCAC Chair Craghead summarized annual report highlights and introduced the CCAC 2012 goals,which
were included in the meeting packet.
2011 highlights include:
• Preparation for the Main Street Green Street Project
• The Burnham Street Project is complete!
• Planning for another entrance to the WES parking lot
• Meetings with consultant Michelle Reeves
• Completion of two facade improvement projects
CCAC Chair Craghead said the CCAC 2012 Goals are ambitious and include:
• Main Street Green Street- CCAC Chair Craghead said the Main Street Green Street project
needs to be planned so it is not an undue burden on downtown businesses. Land is being
assembled in preparation for a downtown park and plaza.
• Facade Improvement Project- CCAC Member Shearer said the facade improvement program
has been very successful. Fifteen properties applied and four were accepted. Three more requests
are pending. The CCAC will evaluate these and develop a matrix evaluating success of the
program. She said facade improvements align with the City Council goal to attract new downtown
tenants. CCDA Director Wilson commented that he would like to see property owners become
more ambitious with their improvements.
CCAC Member Shearer said there are questions about whether expanding the program beyond
Main Street is a good idea at this time and this will be an ongoing discussion topic. Chair Dirksen
suggested they consider whether or not the money would stretch far enough to cover other streets.
In response to CCDA Director Wilson's earlier comment, Chair Dirksen said opening the facade
improvement program to include tenant improvements may encourage downtown building owners
to become more ambitious. Redevelopment Project Director Farrelly said a tenant improvement
program will be discussed at the CCDA meeting of March 6,2012.
CCDA Director Buehner urged the agency to make sure there is balance because if an existing
business moves downtown to receive the improvements,a vacancy is created elsewhere in Tigard.
CCDA Director Wilson said the city made improvements for a coffee shop tenant when the library
was built. He said that considered within the context of the entire project; the cost was not that
much. He noted the first coffee shop tenant failed but the second is successful. He said when the
city pays for improvements but the first business does not succeed or move elsewhere,it does not
mean that the improvements are lost.
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• Construction impact mitigation of Main Street Green Street- CCAC Member Louw
provided historical perspective on the Main Street Green Street project from the view of business
owners. He said initial objections to another street project beginning so closely to the end of the
previous one was due to disruption and impacts Burnham Street construction had on their
businesses.
He said the objective is to "get in and out of there as fast as possible to avoid affecting businesses
in a negative way." He said the parking lot will be completed this year. CCDA Director Buehner
clarified that this parking lot is for employees of downtown businesses so that customers can have
better access. CCAC Member Louw said there is apprehension from Main Street businesses about
project communication,although it was improved during the Burnham Street project. CCDA
Chair Dirksen said, "We learned a lot about communicating on that project." CCAC Chair
Craghead said the methods of communicating with the Main Street businesses should not be
limited to the use of electronic media.
CCDA Director Henderson acknowledged the leadership of CCAC Member Louw. City Manager
Wine said a briefing on the Main Street Green Street project is scheduled for the March 20,2012
council meeting and invited the CCAC to attend.
• Land Use and Transportation- CCAC Member Thornburg emphasized the CCAC goal of land
development and acquisition. He noted that housing is a priority,including the consideration of
the use of the city's current public works yard space for housing. CCDA Chair Dirksen
commented that the economy causes difficulties but also creates opportunities. He said he
requested public works staff to examine their long-range goals and asked them,"If a development
opportunity arrived tomorrow,how quickly could you move out of that area?" CCAC Chair
Craghead encouraged incentives for developers and said a discussion will be scheduled.
CCDA Director Buehner cautioned that a component of land acquisition negotiations is that
discussions need to happen in executive sessions and CCDA and CCAC members may not discuss
what is said in executive sessions outside of them. CCDA Chair Dirksen said the upcoming
CCDA meetings will include several executive sessions on land acquisitions.
CCDA Director Woodard commented that the Ash Avenue Rail Crossing is a challenge. He asked
when the CCDA would receive an update. Chair Dirksen said it is part of the conversation about
downtown circulation. He asked if there had been discussions on the Hunziker/Scoffins
realignment. CCDA Director Buehner said the CCDA received a number of circulation plan
presentations in 2010,prior to CCDA Director Woodard's election to council. CCDA Chair
Dirksen asked if there was a timeline on the latest circulation plan. Redevelopment Project
Manager Farrelly said it was recently reworked,with upcoming code amendments and
communication to property owners.
CCDA Director Buehner asked Redevelopment Project Manager Farrelly to follow up on
questions regarding structuring the intersection with Hall and Scoffins, across from Garden Street.
She indicated a response had not been received after the last meeting with CCAC. CCAC Chair
Craghead clarified that there were 12 projects identified in the circulation plan and the CCAC
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recommended the following as their top priorities: 1) Scoffins Street/Hunziker Street realignment,
2) Ash Avenue crossing and 3) Commercial Street/Main Street realignment.
• Communication-CCDA Director Henderson said he applauded CCAC for their outreach to
other committees. He suggested they contact the Parks and Recreation Board (DRAB) to share
information. CCAC Chair Craghead responded that a joint subcommittee with PRAB had just
been formed to work on long-term park development. He noted that there were CCAC members
involved with transportation committees including some that are participating in a Metro high-
capacity transportation project group.
CCDA Director Buehner noted that she has been speaking with private and public banking entities
regarding the development of credit lines to encourage public/private investment in development.
CCDA Chair Dirksen thanked the CCAC for their hard work that benefits the entire City of Tigard.
At 7:44 p.m. the City Center Development Agency meeting ended and the Tigard City Council reconvened.
4. COUNCIL LIAISON REPORTS -Council President Buchner reported on meetings she attended:
HRegional Water Providers Consortium - Council President Buehner praised Councilor Wilson
for his determined support for evaluating conservation efforts year-around and not just summer.
She noted that a majority of the Water Consortium members have agreed to adopt this approach
due to Councilor Wilson championing this idea for many years. Council President Buehner said
their executive director is retiring so they will be searching for a new executive director. She said a
final draft of the Five-year Regional Water Strategic Plan will be presented to the state in June. She
said the report outlines issues and challenges facing regional water providers and how to overcome
them. She offered to obtain a copy for anyone interested.
Willamette River Water Coalition (WRWC)- Council President Buehner said one issue is a pipeline
for the Tualatin valley water providers that will reach Wilsonville and is part of their long-term plan.An
easement is required to build the pipeline over a wetland in Wilsonville that is owned by Metro. Metro
may require them to build the pipeline section on the wetland island immediately. Council President
Buehner said she has asked City Manager Wine to add this topic to a future council workshop agenda.
Tigard-Lake Oswego Joint Water Partnership Oversight Committee—Council President Buehner
said the thirty-percent engineering plan is proceeding and is required before permits can be obtained to
place the raw water pipeline under the Willamette River. Thirty-percent plans for the outtake,plant and
the processed water pipeline are also proceeding. A number of discussions have been held and council
will receive a presentation on costs in April or May. She said one goal of the thirty-percent study is to
review a worst case cost scenario. She noted that Robinwood neighborhood meetings are continuing.
She said she and Mayor Dirksen attended a West Linn city council meeting to discuss providing water to
them. There remains a small group of West Linn residents who want the plant taken out of West Linn
and moved to Lake Oswego.
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Council President Buehner distributed a copy of the Lake Oswego-Tigard Water Partnership
Communications Goals and Objectives.A copy is included in this meeting packet. She summarized the
water partnership activities and noted that the Tigard's council will hold a joint meeting with Lake
Oswego city council in late April or May. She reported that plans for the Waluga reservoir have been
delayed as it is not needed until the end of the project and other steps are a higher priority now.
Mayor Dirksen said everything is moving forward and timelines appear to put the partnership on track
for our needs in 2016. Council President Buehner mentioned that the Water Watch group,who opposes
every water right renewal application,must file their appellate brief within ten days. She said there will
then be 45 days for city attorneys to file their responding brief.Water Watch will have 21 days to submit
their reply brief. Mayor Dirksen commented that this was anticipated and built into the project schedule.
Councilor Henderson asked if the agreement with Portland was finalized for emergency Bull Run water.
Council President Buehner said it was in progress.
A discussion was held on the Tualatin Valley Water Providers and their drinking water options.
Referring to the earlier topic of the Willamette River pipeline running on land Metro owns,Mayor
Dirksen said Tigard has a right on the pipe and there are two options;water coming from it to Tigard or
Tigard sending water to the pipe. He said Tigard has water rights on the Willamette but has chosen not
to use them. The City Charter requires a vote on that by the citizens. If the water plant proved to
supply quality water and Tigard citizens voted to use some Willamette River water,the pipe could be
used to bring water from the Wilsonville treatment plant. Conversely,if additional water was needed by
communities served by the Wilsonville plant,Tigard could sell them water.
5. NON AGENDA ITEMS—None.
6. EXECUTIVE SESSION—None.
7. ADJOURNMENT
® At 8:06 p.m. Councilor Wilson moved for adjournment.The motion was seconded by Council
President Buehner and all voted in favor.
Yes No
Mayor Dirksen ✓
Councilor Henderson ✓
Councilor Woodard ✓
Councilor Wilson ✓
Council President Buehner ✓
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Carol A.Krager,Deputy City R order
Attest:
Mayor,City of Tigard
Q I c;l
Date
I/ADM/CATHY/CCM/Final/February/120221
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