City Council Minutes - 02/18/2014 City f Tigard
Tigard City Council Meeting Agenda
February 18, 2014
1. WORKSHOP MEETING
A. At 6:34 pm Mayor Cook called the City Council meeting to order.
B. Deputy City Recorder Krager called the roll.
Present Absent
Council President Henderson x
Councilor Snider x
Councilor Woodard x
Mayor Cook x
Councilor Buchner x
C. Mayor Cook asked everyone to stand with him for the Pledge of Allegiance.
D. Mayor Cook asked the Council for any Communications&Liaison Reports. Councilor
Buchner had two reports to give at the end of the meeting.
E. Mayor Cook asked Council and Staff for any Non-Agenda Items. There were none.
2. DISCUSS FIELDS PROPERTY CONCEPT DEVELOPMENT SCENARIOS
10 Economic Development Manager Purdy introduced this item,an update on the process
being used to develop project scenarios for the Fields site. He clarified that the area being
discussed is the Fields industrial site and not the park area. He said this is part of the city's
economic development strategy and includes groundwork,business assistance and innovation.
This site-specific opportunity could add businesses,jobs and potentially other activities such as
multi-family housing to what is now a vacant and unused site.
19 He said staff has been working with private sector partners with expertise in local land use and
development,and also public entities including Business Oregon,the Department of Land
Conservation and Development,the Federal Department of Commerce Economic Development
Agency and the State Infrastructure Financing Authority. To provide business assistance he said
staff has collaborated with developers to identify projects that will bring this site to development
and add employment locally and to the region. He said the process has been innovative as the
team problem-solved to arrive at solutions supporting the public needs and the expectations of the
private market. He asked the team to introduce themselves. In attendance were:
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Kelly Hossain,Miller Nash Partner,representing the Fields Trust (property owner)
Mike Merino,Norris Beggs and Simpson, Sr.Vice President and Industrial Specialist
Christine McKelvey,McKenzie Consulting,Architect and Land Use Planner
Eric Sporre,PacTrust Developer
Matt Butts,McKenzie Consultants Civil and Transportation Engineer
Economic Development Manager Purdy presented a PowerPoint that that has been added to the
packet for this meeting. The Fields industrial site benefits from what many business leaders value
about a Tigard location: affordable access to a regional workforce and transportation routes for
their supply chain. He acknowledged the site has challenges. It failed to be listed as even a Tier 3
site on a recent regional survey of industrial lands. He said Associate Planner Pagenstecher
summarized it well saying,"This is a complex site in need of complex solutions."
He said the proposed project unlocks the site for employment,connectivity through new roads,
and potentially 120,000 square feet for new development,new businesses or expansion. He said
the type of industrial or commercial development being considered typically employs 10-30 people
per acre. A new addition to the planning team will be a consultant,paid through a DLCD grant,
with experience in site scale public infrastructure finance. He said this presentation was given to
the Planning Commission last week and they were receptive. He said the discussion is not part of
the formal land use process but is an opportunity to explore issues, solve problems and ask
questions.
I! Consultant McKelvey described the site location shown on a slide, and said the primary issues
are slope and configuration. The trees along the east side are an asset for the site,but not
particularly for the currently allowed uses. Transportation is an issue because there is only 300 feet
of access off of Hunziker Street. Most of the access is on Wall Street. There is a low-grade
wetland area that is not significant and can be mitigated.
Consultant McKelvey said the team divided the site into two Subareas. Subarea 1 is flat and would
work well for commercial or industrial uses. Flex office development is in high demand currently
and would fit on this site. Slides were shown of PacTrust projects similar to what is envisioned for
the IP zone in Subarea 1. Subarea 2 is steeper with many trees and is not ready for cost effective,
market-ready IP zone development. She said what may be a marketable use for Subarea 2 is a mix
of commercial and workforce housing,up to mid-level housing,which could support the
employment land in the surrounding community. She said the proposed zoning in Subarea 2
would allow mixed use employment development which would help buffer the existing residential
area to the east from the light industrial uses at the lower end of the property.
Consultant McKelvey talked about development comparison costs and commented that several
developers over the years have considered this site but walked away from it. She said PacTrust
compared the business park part of the site with a similarly-sized developed property in Hillsboro
and estimate a premium of 61 percent has to be compensated because of the site conditions. She
asked council for their input on a zone change to mixed use for half of the site. Such a zone
change is the first challenge of the envisioned development.
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10 Councilor Woodard was favorable to the proposed layout but expressed concern about train
engine noise and diesel smoke originating in the railroad switchyard. He said residents living
above the area say this is a hardship and asked if the residential area could be built away from the
switch yard. Economic Development Manager Purdy pointed out on the map how three-story,
significantly sized buildings placed near the tracks could help buffer the noise from the switch
yard.
IRCouncilor Buehner asked whether the trees on the east edge of the property were high
enough to shield existing neighbors up the hill from the units on the top floor of the multi-family
housing development. She commented that it is difficult to obtain financing for mixed use
projects. Developer Sporre agreed somewhat with her comment but said the proposed scenario is
different because the mixed use would be in the same area but not the same building. Subarea 1
with IP zoning would stand alone from Subarea 2 which would have apartments and potentially
office space.
10 In response to a question from Councilor Snider about the turning radius for truck traffic on
Hunziker Street,Mr. Sporre said the necessary turning radius cannot be accommodated due to the
10 percent grade on Hunziker which leaves Wall Street as the only truck access. Councilor Snider
asked if the property is overvalued because its highest and best use may not match its IP zoning
and site conditions. Mr. Sporre agreed that those are the main issues and the other overriding
factor is coverage,which means the percentage of buildings on the land. He said focusing the
industrial park development on Subarea 1 helps raise the coverage percentage for the industrial
park and makes the development more rational. He added that if this property was flat it would
have been developed by now.
10 Council President Henderson asked how this project affects Tigard's low inventory of
available industrial land. Economic Development Manager Purdy said it commits only 20-plus
acres out of the site's 37 acres to industrial. He said Tigard does not have enough industrial land
to meet Metro's future expectations. He said he struggled with giving up any but if the type of
activity and uses are not changed at the top of the hill,the city will not be able to unlock any use
for the entire 37 acres. Mayor Cook added,"We are not giving up anything if there is nothing
there." Consultant McKelvey said there are creative ways to make the site developable as
employment land but they must look at ways to balance and offset some of those costs to help
that happen.
Councilor Buehner said the critical issue for council is to identify future industrial land and
recommended the large, flat parcels on the south end of River Terrace's urban reserves be
considered for employment land.
Mayor Cook asked to hear the opinion of Fields Trust Representative Hossain on this proposal
from the perspective of the property owner. Ms. Hossain said,"This has been a great process.
It's been very productive. The Fields Trust wants to maximize value on the property while the city
gets what they need." She said the same issues were repeatedly mentioned by developers over the
years. The Trust could not sell the property because industrial developers are only interested in
the front section. She said Economic Development Manager Purdy unlocked the economic
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potential on these properties and if zoning changes can be made,PacTrust is eager to develop. She
commended the city staff for working towards a solution. Councilor Buehner asked if the Trust is
considering selling or leasing on a long-term basis. Ms. Hossain said it would be a sale and noted
that this is the last piece of Mr. Fields'properties. She commented that Mr. Fields would have
been thrilled with this resolution.
Council President Henderson said the best thing about this collaboration"is the smile on
everybody's faces."
Councilor Buehner said this gives Tigard the potential for some needed moderate income
workforce housing.
Mayor Cook echoed Councilor Woodard's concerns about the train noise and hones. He said
some kind of barrier needs to be created.
Councilor Buehner asked Associate Planner Pagenstecher what the Development Code says about
height limitations in an IP zone. He said he will research this for council. He commented that the
city should consider a development that meets the specific site conditions. He said there is
flexibility in the process because Tigard has a Comprehensive Plan policy which stipulates a zone
change can be made for a specific development design.
Councilor Woodard said he was pleased with the cost savings created by splitting the property.
He asked if the development would include pedestrian walkways through the treed area.
Councilor Buehner said this is another opportunity to contact the railroad about gaining
pedestrian access to the city's new park land.
Consultant McKelvey said they are very interested in hearing any further comments from council
and these can be given to Economic Development Manager Purdy.
3. RECEIVE ANNUAL TIGARD MUNICIPAL COURT REPORT
0 Administrative Services Manager Robinson and Municipal Court Judge O'Brien presented an
overview of Tigard's municipal court program which was the fifteenth annual court report to
council. Judge O'Brien gave some highlights:
• There was a 21 percent caseload decrease. The court is efficient, taking care of 97 percent of
cases within 90 days of filing. Only nine percent of cases are docketed for trial,which is a
relatively small amount.
• There were not as many juvenile or adult misdemeanor cases this year.The vast majority of
cases were traffic infractions.
• Officers are using electronic tickets which are more efficient.
• Videos used more frequently in the courtroom saves time because the judge does not have
to weigh one side's statement against the others.Actual footage is viewed.
• Technology advances include online ticket payments.
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• Sanctions are developed by statute. The court is given a range of fines by state law and
Tigard's court stays within that range but attempts to give people a chance to be heard on
their individual circumstances.Aggravating or mitigating circumstances are considered when
determining a fine.
• The overall goal of Tigard's municipal court is to reduce recidivism and increase traffic
safety. To that end,a limited diversion program is offered to teenage and senior drivers (60
and older) and for safety belt violations.
A new diversion program is being developed by the Tigard Police Department and will be put in
place on a one-year trial.The criteria will be looser,which is one reason staff wanted to bring this to
council for input. The eligibility period will be two years rather than the current five-year period,
opening it up to many more people.
mil Councilor Snider clarified that diversion is the option to attend a traffic safety class in lieu of a
formal action by the court. He asked if persons over 18 and under 60 are currently ineligible and
Judge O'Brien said in most cases they are. Councilor Snider commented that this limitation to the
city's diversion program is unusual in the region. Judge O'Brien said Sherwood and Beaverton offer
it,with Beaverton's more liberal diversion program following the California model.A driver can
have a citation once every two years but taking a traffic safety class keeps the ticket off their record.
He said if council desires, staff could look at what other cities are doing.
In response to a question from Councilor Woodard,Judge O'Brien said disadvantages to the
proposed diversion program include masked convictions from DMV records. It is Oregon statute
that a court cannot place a note on a court record in Oregon. Frequent offenders may avoid license
restrictions and suspensions. Generous diversions would allow people to avoid major
consequences. He noted that the judges in Oregon support changing the law so a note could be
placed on the DMV record. Mayor Cook suggested this change be submitted to the League of
Oregon Cities legislative team. More staff time would be required to monitor compliance and there
would be a cost to putting together the program.
10 Judge O'Brien said an advantage to diversion is that it is a way to extend the impact of the
court. Drivers will be learning something they might not have otherwise learned. Traffic schools
probably reduce recidivism. He said the distracted driver class is an advantage because many people
still do not have an understanding of how dangerous cell and text use is while driving.
Judge O'Brien said for every violation we are remitting$61 to the State of Oregon which is used for
training. Beaverton passed a resolution authorizing their court to apply the full amount of the fee
to diversion rather than sending the $61 to the State. He said Tigard's City Attorney would be able
to advise the city on this. Councilor Snider clarified that if the city was allowed to collect the$61
diversion fee it would go into the General Fund.
Councilor Snider suggested it was time for council and staff to reconsider diversions and other
policies. Judge O'Brien said that would allow time for the City Attorney to address the question of
the city keeping the$61.
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Judge O'Brien said Tigard Municipal Court has a Compliance Program which is similar to diversion
but not formal. Insurance violations are dismissed under ORS if insurance was valid at the traffic
stop. He said some jurisdictions have a formal"fix-it"program. Tigard's court accepts receipts as
proof and if the driver has a good driving record, fines may be reduced.
® Councilor Snider asked if in jurisdictions where a formal"fix-it"program in in force,a police
officer has to personally view the repaired tail light,etc. Judge O'Brien said it would require
someone going to the parking lot and viewing the repair. He said this program would not be
popular with staff. Councilor Snider said he was not concerned about whether or not staff would
like it;it is also expensive to have a judge hear it too.
Judge O'Brien said the number of violations fluctuates according to police department priorities and
officer vacation schedules. Council Snider asked how many traffic officer FTEs are assigned each
year and if there was a correlation between that and the number of tickets issued. Assistant City
Manager Newton said she will get an answer from staff.
The top five violations include speeding, failure to obey a traffic control device,cellphone use,
following too closely and driving while suspended.
Judge O'Brien said they use many ways to communicate with the public. He continues to write a
monthly column for Cityscape. Assistant City Manager Newton noted that due to space limitations
one month the judge did not get to submit his regular column and staff heard feedback from the
public that they missed it.
10 Councilor Buchner commented that an analysis was done in the recent past about providing a
general service court. She said it was decided at the time that Tigard was not a large enough city to
justify it and the concept would be revisited in five-six years. Judge O'Brien said the report could
be updated and presented to council for reconsideration. Councilor Snider asked which nearby
jurisdictions have a criminal court. Judge O'Brien replied that Beaverton,Lake Oswego,and
Oregon City do. Councilor Buehner said the city is paying for the county court and Tigard police
officers spend a lot of time traveling to attend court in Hillsboro. Councilor Snider said Tualatin
and Sherwood police officers are making the same drive and recommended staff consider this from
a joint perspective and include Tualatin and Sherwood to employ economies of scale. Assistant City
Manager Newton noted that a different kind of court facility would be required.
10 In response to a question from Council President Henderson on the success of the
administrative rules for nuisance complaints,Judge O'Brien said the number has gone from 400-500
nuisance cases in previous years to around 40 last year. He said many times a case is resolved by the
parties involved instead of ending up in court. Council President Henderson commented that there
are many signs and other junk in the right of way and Councilor Buehner said the city has not had a
full-time code enforcement officer for a few years.
Councilor Buehner suggested the criminal court discussion be held at a summer workshop meeting.
Mayor Cook and Councilor Snider recommended a discussion also be held on the diversion policy.
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4 RECEIVE UPDATE ON SOUTHWEST CORRIDOR PLAN PUBLIC INPUT
Cl Senior Transportation Planner Gray gave an overview of the recent community meeting and
said she will be providing a written report to council. 93 people signed in and there was overflow
into the hallway. She said it was helpful to have speakers and posters in the hallway. She said the
overview presented by Community Development Director Asher was complete,especially for those
interested in how the situation got where it is now. Mayor Cook said he received comments that
Mr.Asher's explanation was very clear and precise.
Councilor Buehner said it would have been helpful to project a copy of the ballot statement onto the
screen. She said she met people who did not understand the measure.
Senior Transportation Planner Gray said there were two opportunities during the meeting for citizen
input,including a graffiti board and comment cards. There were 21 written comments,the majority
of which took a position on the ballot measure. She said there would be many more opportunities
for public input on the SW Corridor Plan.
Ll Senior Transportation Planner Gray said the second part of the meeting was convened to
present a balanced view of the transit ballot measure. Councilor Buehner said it appeared most
attendees supported the initiative. She said there were comments made about the vote the council
took against the measure and it was explained that while city employees may not take a stand on
work time,elected officials are allowed to express their political opinions freely. She said one person
said Tigard's Council contributed a lot of money to the political action committee but she wanted to
set the record straight and said each Council member put in one-fifth of the cost of a$400 ballot
argument in the voters'pamphlet.
10 Councilor Snider passed along feedback from a group of citizens adamant that no matter the
cost,they want to see Highway 99W have a double decker level for car traffic,no matter the cost.
Mayor Cook said he will forward this on to ODOT.
Senior Transportation Planner Gray outlined future opportunities for input on the SW Corridor and
bus service,including a community planning forum on March 12,location to be announced. There
will be a transit fair at St.Anthony's School on March 14, and on March 19 a meeting for Tigard
citizens on alignments that will be held in Town Hall.
Council President Henderson requested that council be involved in a debriefing with staff after the
March 11 vote. Councilor Buehner suggested adding this as an agenda item on the March 18
workshop.
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5. RECEIVE ENTERPRISE ZONE PRESENTATION
Economic Development Director Purdy presented a slide show on enterprise zones,a copy of
which is in the packet for this meeting. He described an enterprise zone as an economic
development tool that incentivizes investment and increased employment. Temporary tax relief
(3-5 years) is given to businesses in a geographically targeted area of the city if they increase and
maintain employment by ten percent. The area must be experiencing hardship to be eligible. He said
an enterprise zone integrates into Tigard's 2014 Economic Development Strategy through the
creation of a partnerships with the state,specifically Business Oregon;private businesses,and
potentially with Beaverton. The State of Oregon is accepting applications for new zones and the
deadlines for application are nearing.
Economic Development Manager Purdy said he would research a question asked by Mayor Cook
regarding tax schedules on depreciation of equipment.
19 Councilor Buehner expressed concerns about reducing the amount of taxes paid to schools and
said she doesn't want to look at this until a conversation is held with the school districts,which are
hurting. Councilor Snider said having conversations with the city's partners is important but this is
a simple situation: not have it at all or reap new taxes at some point in the future. He said if it was
not going to happen in the first place,there is no loss. Economic Development Manager Purdy said
the city's stakeholders will be invited to informational meetings.
Economic Development Manager Purdy gave examples of companies that could participate
including manufacturers, shippers,processors,call centers and headquarters. He said facility
upgrades are eligible and this could assist with Tigard Triangle redevelopment. Councilor Buehner
said she needs to know how low the wages would be in a business such as a call center and said she
had issues with supporting minimum wage jobs. Mr.Purdy said there is a stipulation that new
employees must be paid above a certain threshold.
Economic Development Manager Purdy said to meet the deadline to apply for a new Enterprise
Zone,council would need to consider and approve a resolution at the March 25 council meeting. He
said the city can compete for its own Enterprise Zone or collaborate with the City of Beaverton and
be added to their zone. Mr. Purdy said the pros are leveraging the existing zone and its strengths
and efforts,regional coordination and promotion. He said Beaverton already has a full-time staff
administrator and 3-4 staff people. The zone administrator verifies each business in the zone,meets
with them annually and makes sure they are meeting employment and investment goals. He said
there is some work that Tigard will be doing, for example he would be assisting with marketing.
This can be discussed at the upcoming Joint Beaverton meeting. There is a timing constraint
because the council would need to pass a resolution by March 25 if the decision is to apply for a
targeted zone in Tigard by the April 11 deadline. If the decision is to join with Beaverton,the
timeline is different because they would not be ready to expand their zone until August.
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Councilor Snider asked for Economic Development Manager Purdy's recommendation, and he said
coordinating with Beaverton would create an inclusive zone that allows a wider range of businesses
to participate.
Councilor Snider asked about the costs. Economic Development Manager Purdy said the cost is .01
percent of the investment,which amounted to $40,000 in fees for Beaverton. Tigard would forgo
these fees if it does not have its own enterprise zone.
Councilor Buchner asked how much staff time would be required for this program. Community
Development Director Asher said Milwaukie had five or six enterprise zones and Clackamas County
was the zone administrator. He said Tigard would not add a zone administrator position and he
would ask Economic Development Manager Purdy to add this to his regular job duties.
Council President Henderson asked how much Beaverton can expand their existing enterprise zone.
Economic Development Director Purdy replied 12 miles. Council President Henderson asked if it
would be possible under the agreement with Beaverton to leave the partnership early. Mr. Purdy
said the zones last for ten years and can be renewed or dissolved at the end of that time. Beaverton
has seven years left on their zone.
Community Development Director Asher noted that Tigard and Beaverton are in one economic
corridor and draw from the same workforce,making the two cities more similar than different. He
said,"Why wouldn't we market and brand governments working together?Beaverton already has
this going. We could learn a lot."
I@ Councilor Buchner said there will be more joint opportunities because of the large amount of
adjoining property. She encouraged maximizing the opportunities and partnering with Beaverton.
Councilor Snider advised making the zone more inclusive and continuing discussions with
Beaverton. Mayor Cook and Councilor Woodard agreed.
6. COUNCIL LIAISON REPORTS
Councilor Buchner gave several liaison reports:
o Intergovernmental Water Board T") -A briefing was given by Assistant Public Works
Director Goodrich on the Willamette River Water Coalition. Councilor Snider asked if the
King City agreement was on the agenda. Councilor Buchner was reelected as the IWB
Chair.
o MPAC held a discussion on the long-term transportation plan policy. There was a"show
and tell"on Climate Smart community projects and she suggested Tigard prepare a
presentation to promote what the city is doing. There was a discussion about the urban
growth boundary expansion and timelines. Population numbers will be released on April 14
and a draft report is due in July. Councilor Buchner suggested the Tigard council begin
discussions on planning for UGB expansion areas. The Metro Council has to adopt a report
and make a decision on acreage by the end of the year. She said MPAC will be more
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involved that they have been previously. Councilor Buchner said the 50 acres known as West
Roy Rogers has not formally been brought into the city because it is caught in the Hillsboro
expansion litigation. It is not known what actions the legislature will take on this and a
decision may not be made in the near future.
o Lake Oswego/Tigard Water Partnership- The drilling is no longer planned to go under the
lake because of cost and alternative routes are being investigated. She noted that$5 million
was paid to the City of West Linn.
7. NON AGENDA ITEMS —None.
8. EXECUTIVE SESSION—None.
9. ADJOURNMENT -At 9:23 pm Councilor Woodard moved for adjournment. Councilor Snider
seconded the motion and all voted in favor.
Yes No
Council President Henderson x
Councilor Snider x
Councilor Woodard x
Mayor Cook x
Councilor Buehner x
Carol A. Krager,Deputy Ci Recorder
Attest:
John L ook,Mayor
Date
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