City Council Minutes - 05/19/2009 Agenda Item No. `f. �r 6
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City of Tigard
Tigard Workshop Meeting — Minutes
TIGARD CITY COUNCIL
MEETING DATE/TIME: May 19, 2009 — 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 6:33:27 PM Mayor Dirksen called the Tigard City Council to order.
1.2 Deputy Recorder Krager called the roll.
Present Absent
Council President Wilson x
Councilor Buchner x
Mayor Dirksen x
Councilor Henderson x
Councilor Webb x
1.3 Pledge of Allegiance
1.4 Council Communications&Liaison Reports -None
1.5 Call to Council and Staff for Non-Agenda Items -None
2. JOINT MEETING WITH THE LIBRARY BOARD
Library Director Barnes introduced Library Board Chair David Burke. He introduced Board Members Richard
Heath,Jan Thenell,Linda Monahan and Karen Levear. Chair Burke addressed the notion of the library
as a community hub relevant in challenging economic times.
Chair Burke and Library Director Barnes demonstrated the new Skype service offered by the library. They
talked to each other on laptops using cameras and this program which enables users to see each other as they
talk to others through computers with cameras. He said a common use in the library for Skype is military
families connecting with family members across the globe.
6:36:45 PM. Board Member Heath said library patrons can get a Skype account and purchase Skype handsets
that plug into a USB port. Skype is offered at the library on eight computers at present and is available three
days a week. He said the Library Board feels it is an inexpensive and useful tool.
Board Member Thenell described examples of ways a library card can be a ticket to many museums and
institutions. Cultural passes can be checked out and used for admission to the Pittock Mansion and Chinese
Cultural Garden,etc
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6:51:02 PM Board Member Levear said the community gives back to the library in the form of volunteers,who
donate sufficient monthly hours to equal eight to ten additional full-time staff members. She described the
many classes and programs offered to the community at the library including tax preparation, Movies with
Margaret,and computer classes. There are programs going on every day and evening which indicates the library
is well used by the community.
Councilor Wilson asked how the Books to Go program works. Board Member Thenell said that free software
can be loaded onto a patron's computer enabling book check out electronically from a website,using a library
card.After two weeks,you don't have to worry about returning the book. At the end of the check out period
the borrower would no longer have access and the material becomes available for someone else to borrow.
Board Member Thenell said that some materials can even be copied onto a computer drive,MP3 or a CD,
depending on copyright agreements.
Library Chair Burke noted that the Library has been in its current location for five years and will be having a
birthday party on Saturday,August 22,2009. He thanked the Friends of the Library and the Library
Foundation for sponsoring this celebration. Mayor Dirksen said it was predicted that libraries would become
dinosaurs due to the computers and the Internet,yet Tigard's library is busier than ever.
3. 6:57:51 PM MUNICIPAL COURT ANNUAL REPORT
Judge O'Brien and Administrative Services Manager Robinson presented to Council the 2009 Annual Report
on Tigard's Municipal Court. They gave a PowerPoint on programs and caseload,the vast majority of which are
traffic cases. A copy of this PowerPoint is in the City Recorder's office. The caseload declined by 10% in the
past year, attributed primarily to a decrease of one-third in the citations issued for traffic control device and
speeding violations. A video showing an actual traffic violation demonstrated how new patrol car cameras
capture evidence. The advantage to having this film is its value as objective evidence in trials. It can also be
helpful in getting violators to accept responsibility for their actions. Other new technology enables lasers to
show the distance between cars.
judge O'Brien mentioned the public information program, used to extend the court's outreach and impact to
the public through brochures,court rules,the website and a monthly column in Cityscape.
He said the Driver Improvement Program will continue although very few drivers qualify for the program.
Youth Court continues with 600 cases processed in the program's seven years.
7:06:32 PM judge O'Brien said there was a small uptick in civil infractions but it is a relatively small number
compared to the past.
7:07:02 PM Administrative Services Manager Robinson said with the slowdown in the economy there has been
some impact to the receipt of fees and more people are requiring payment agreements. She said $947,457 was
collected in fines, fees, costs and assessments. Of that amount, the City disbursed$247,406 to other agencies as
state required assessments. She described the allocation of a$250 Base Fine.
judge O'Brien discussed the record case load in March and April, saying it is too early to determine whether it is
a long-term trend or a temporary fluctuation. He said they are looking with at the proposed cell phone ban that
is in the legislature now and could impact the court. He noted that two court employees were honored at
recent Employee Recognition event: Brenda Annis for 10 years on the court staff and Chris Snodgrass for 20
years.
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4. 7:14:29 PM DISCUSS ORDINANCE MODIFYING TIGARD MUNICIPAL CODE (TMC 7.70 —
SECONDHAND DEALERS AND TRANSIENT MERCHANTS) TO UPDATE AND CLARIFY
PROCEDURES AND DEFINITIONS
Chief Dickenson and Detective Lieutenant deSully introduced this item and said the purpose of the ordinance
is to update and clarify pawn procedures. Chief Dickenson noted that the City of Portland modified their
ordinance and adopted new technology and since crime doesn't stop at city boundaries, Tigard wants its
regulations to be consistent with neighboring agencies.
Detective Lieutenant deSully said the primary motivation is the new regional secondhand dealer reporting
system. He said this web-based program allows point-of-sale information to be sent directly to the police for
comparison with stolen item lists,which Tigard's existing 1983 ordinance doesn't allow. He said they have
created an administrative policies and procedures section which is separate from the ordinance and defines
"regulated property." The electronic equipment definition has also been changed to make it easier to update
and match other agencies. The proposed ordinance also increases the merchandise hold period from 15 days to
30 days. The 30-day period allows police more time to track stolen items if they are taken into a secondhand
store. In addition,while the ordinance allows and encourages merchants to use the regional electronic reporting
system,they can opt out. The businesses within the City of Tigard that will be required to operate under these
rules have been contacted and response received so far has been positive.
He said this ordinance limits persons under 18 from selling items without a parent or guardian present. It also
prohibits specific items such as gift cards,in-store credit cards,phone cards, and medications. Items brought in
for pawn or sale with altered identification marks, such as an engraved driver's license number that has been
scratched out will not be accepted by businesses.
Councilor Webb inquired about perpetual garage sales. Detective Lieutenant deSully said this ordinance doesn't
regulate the occasional garage sale but does limit garage sales to less than 72 consecutive hours and restricts
people to less than four sales in a 12-month period at the same property. He said donation centers such as
Goodwill are exempt.
Chief Dickenson noted that in the past pawn shops were often the only places to find stolen property. Now
there are internet sites such as Craigslist and Ebay,or no-trace,off-shore purchasing.
7:25:15 PM Mayor Dirksen asked what a transient merchant is and suggested this definition be added. Chief
Dickinson said it is someone who rents a hotel room or empty storefront, advertises heavily that they are
buying jewelry etc. and pays cash for the items. These merchants will now have to get a temporary business
license,post a bond and tell the police what they take in.
Council President Wilson requested that the proposed changes be indicated by using strikeouts and underlining
and said that it would be helpful for Council to receive it in this format prior to the public hearing. Detective
Lieutenant DeSully said they would redo it that way before the public hearing. Council President Wilson also
noted that the Purpose Statement appears almost apologetic. Detective Lieutenant DeSully said that was
because they modeled it after other jurisdictions and the desire to be sensitive to existing businesses.
7:30:07 PM Chief Dickenson noted that this new system modernizes their system and reduces paper. He
invited everyone to check out the new Tigard Police Department Facebook and Twitter accounts. He said the
Police Department is using Facebook to distribute some of their press releases, including video of a recent
burglary.
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7:3.3:04 PM Council President Wilson asked if police were aware of any recycling centers in town where
stripped out copper wire or items stolen from construction sites are being sold. Chief Dickenson said that
while most heavy metal recycling shop locations are not local, thefts do occur here. He said the Police
Department instituted a program last year to prevent metal thefts by offering to the public catalytic converter
engraving which makes them traceable if stolen.
5. DISCUSS COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00011: TIGARD
TRANSPORTATION SYSTEM PLAN AND COMPREHENSIVE PLAN AMENDMENTS TO
INCORPORATE TIGARD 99W IMPROVEMENT AND MANAGEMENT PLAN
RECOMMENDATIONS
Senior Planner Wyss said staff wanted to familiarize Council with the proposed amendments to the
Transportation System Plan (TSP) and the Tigard Comprehensive Plan. 7:35:40 PM He said the amendments
incorporate recommendations found in the Tigard 99W Improvement and Management Plan and those made
by the project's Citizen Advisory Committee. He said the proposed amendments are divided into four separate
components:
1. Update the TSP to include recommended changes found in Appendix C of the Tigard 99W
Improvement and Management Plan
2. Incorporate the 99W Improvement and Management Plan by referenceinto the Tigard TSP to
serve as findings.
3. Update the recommended action measures for Tigard Comprehensive Plan Goal 12:
Transportation - to include language recommended by the Tigard 99W Plan Citizen Advisory
Committee.
4. Amend Tigard Comprehensive Plan Policy 6.A under Goal 12.2 to reflect the recommended five
lanes for Highway 99W, which was recommended by staff for consistency with the TSP
amendments.
Senior Planner Wyss said the primary focus was to identify projects and alleviate traffic congestion and improve
circulation in Tigard's 99W corridor.The planning process evaluated three alternatives:
• Alternative A-partial widening of 99W
• Alternative B - access management strategy
• Alternative C -widening of 99W to seven lanes
He said Alternative B was preferred as it best meets the project objectives and criteria, with fewer negative
impacts. It includes enhancing all transportation modes over time and includes medians, access management,
intersection improvements,roadway connections and other off-highway improvements. He said the selection of
Alternative B had both interagency coordination and public involvement. He said the CAC also developed
their own list of recommendations to Council which include Recommended Action Measures in the
Comprehensive Plan Transportation Chapter.
Mayor Dirksen said, "We discussed and approved Alternative B which does not widen 99W, but how does this
reconcile with a recent development planning requirement from ODOT to increase lanes on 99W to handle
increased traffic as a result of potential development?"
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Senior Planner Wyss said this was addressed by placing an asterisk underneath many figures in the proposed
amendment stating that auxiliary lanes may be needed for function,intersection and circulation access between
Greenburg Road and I-5.
He discussed the legislative process which included comments from the City of Beaverton and ODOT and
these are included. The Planning Commission unanimously recommended adoption but requested that the
word "function" be defined. Staff developed and is asking Council to adopt the definition of "function" to
mean"an action or task the system is designed to perform."
7:43:37 PM Council President Wilson said he remains concerned about going from seven to five lanes within
the Tigard Triangle. He said of all the places in Tigard to consider widening 99W, that is the most acceptable
because it doesn't run up against residential neighborhoods. He asked if an overcrossing is cheaper than
widening lanes. He said, "I want to make sure we don't get ourselves into a situation where we can't do what
we want to in the Triangle."
7:45:46 PM Engineer Duenas responded that Tigard will have a net of seven lanes on 99W primarily because
the intersections are so close together that instead of transitioning back to a five lane section,the seven lanes are
carried through.The outer lanes are used to service the individual lots because there is unlimited access from
each side of Highway 99W. He said at some point there will be a limitation to Tigard Triangle development.
He referred to a study that may be an answer to that which could investigate getting higher density through
residential development rather than commercial in the Triangle.
7:47:07 PM Community Development Director Bunch said a concern is that latent demand would immediately
use up any additional lanes so the emphasis should be on intersection functionality. ODOT and Metro predict
99W will reach capacity, even with seven lanes. He said the City will undertake a Transportation System Plan
and prove that we have done the best we can and then begin to examine alternative modes. He stressed that the
City is finally beginning to see movement on improvements to 99W. High capacity transit and reorienting the
land use towards it is one of the objectives. He said ODOT realizes the need to improve access to businesses
and that is why there is so much emphasis on intersections rather than through-lane capacity.
7:49:40 PM Councilor Buchner said she remembered that ODOT said they would require a median down 99W
from 72n" to Highway 217 when the Tigard Triangle expands. She asked if this would then force relocation of
some business access points. Engineer Duenas responded that left turns will be prohibited but more U-turns
will be added. He said limiting the turn conflicts will improve the through capacity. Auxiliary lanes will be used
by cars slowing down to enter driveways or get out into the traffic flow.
7:51:48 PM Mayor Dirksen said what while this document has to do with the transportation corridor of 99W
only,we are also looking into long-term land use planning and are considering backage roads or linked parking
lots rather than individual access along 99W. The future need for left-hand turn access will diminish and this
access management plan encourages this kind of development in the long term.
Councilor Buchner said she is still concerned that ODOT is already telling the City how to develop that portion
of 99W. Community Development Director Bunch said 99W is an ODOT facility of statewide significance
and this plan is their effort to reach out and develop an improvement and management plan to involve the City.
This is a joint conversation between Tigard and ODOT as well as other jurisdictions that need to be involved.
He said one reason the City waited so long to bring this forward is that details needed to be worked out with
ODOT regarding pending development in the Tigard Triangle and to test it to make sure it fits the precepts of
this plan. He said that ODOT is proposing to implement the principles of this plan to ensure that we get
development in the Tigard Triangle. They are able to do that by doing these kinds of management techniques
so we can squeeze a bit more capacity out of the highway. He said Tigard will need to ensure development in
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the Tigard Triangle fits this plan. He said 99W is very important to both Tigard and ODOT and a balance has
to be achieved between local and statewide movement.
Mayor Dirksen pointed out that the bike routes on page 13 don't include bike paths along parks or open spaces,
such as the Fanno Creek trail and suggested these be included. Community Development Director Bunch
agreed and said the maps will be redone.
Councilor Buchner asked about improvements to the Durham Road intersection, noting problems with the
substandard street width and road conditions on the King City side. Councilor Webb said King City received
funding through the Community Development Block Grant program (CDBG) to redo that entire stretch of
road.
In response to Mayor Dirksen's question about when this will come before Council in a public hearing, Senior
Planner Wyss said it was scheduled for June 23,2009.
6. BRIEFING ON TIGARD TRANSPORTATION SYSTEM PLAN
Senior Planner Wyss updated Council on the update of the Transportation System Plan. 7:59:27 PM
He said the City received an ODOT Transportation and Growth Management grant for this update. Kittelson
&Associates has been hired to consult on this and is in the process of preparing materials for the first round of
public input. Public input will be sought in June through a meeting of the TSP Citizen Advisory Committee,
the TSP Technical Advisory Committee and a public forum. The first public forum will be held on June 24 at
6:30 pm and Senior Planner Wyss invited Council to attend. Planning Commission Workshops will begin in
January or February.
Referring to a memo sent by staff listing TSP issues under consideration, Council President Wilson asked when
discussions could begin. Senior Planner Wyss said Kittelson & Associates will first complete a needs and
efficiencies report in July and then potential solutions and implementation strategies will be discussed.
Councilor Buchner said discussion of these issues should be held with Council.
Council President Wilson asked if there was a reality component involved as these plans have come before
Council before and such a long list of projects gets identified there is no way to complete or even fund them.
Engineer Duenas said the process is necessary to see what all of the needs are so it can be narrowed down.The
TSP gives us a chance to get a list of the most important projects and then match them with available funds.
8:09:04 PM Community Development Director Bunch said what will be different about this TSP is the
prospect for high-capacity transit and land use connections made necessary by that.
7. BRIEFING ON STATUS OF PERIODIC REVIEW WORK
8:10:17 PM Senior Planner Wyss updated Council on progress with the Periodic Review Process. He said this
is state-mandated and should be done every seven to ten years. Tigard has not done this for fifteen years. The
City is now completing the land use evaluation phase.
He noted however, that the State's Department of Land Conservation and Development (DLCD) has
recommended waiting until their budget is finalized before committing to a Periodic Review work program.
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The three-year clock will not begin until they approve our work program.At this point staff will work on tasks
such as the update of Tigard's Transportation System Plan and the update of the Public Facility Plan. Staff
applied for project grants for the Economic Opportunities Analysis and the Wellhead Protection Plan. If these
two are granted,money which would have come out of the Community Development budget will be saved.
Council concurred with staff that it made sense to wait and see if these are listed in the final budget and the
DLCD gives the City the go-ahead.
8. ADJOURNMENT
At 8:15:41 PM Council President Wilson moved for adjournment and the motion was seconded by
Councilor Webb. All voted in favor.
Yes No
Council President Wilson x
Councilor Buchner x
Mayor Dirksen x
Councilor Henderson x
Councilor Webb x
Deputy City Recorder
Attest:
Mayo , City of Tigard
Date: 7 - I V - a d a `T
L•\ADM\CATHY\CCM\2009\090519.doc
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