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City Council Minutes - 10/30/2018 City of Tigard Tigard Special Meeting Minutes October 30, 2018 1. SPECIAL MEETING- A. At 6:32 p.m. Mayor Cook called the Tigard City Special Meeting to order. B. City Recorder Krager called the roll. Present Absent Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ C. Mayor Cook asked everyone to stand with him for the Pledge of Allegiance. D. Mayor Cook asked council and staff for any Non Agenda Items. There were none. 2. BRIEFING ON THE SOUTHWEST CORRIDOR MAX LIGHT RAIL PROJECT'S COMPLIANCE WITH STATE-MANDATED LAND USE CRITERIA IN THE CITY OF TIGARD Community Development Director Asher introduced this item and said it was an informational presentation and no action was being requested tonight. Mr.Asher asked City of Tigard and TriMet staff to introduce themselves and their role in the project. Present were: Economic Development Coordinator Dylan Dekay-Bemis,Project Planner Gary Pagenstecher, Senior Project Engineer Tegan Enloe, Senior Transportation Planner Dave Roth and Senior Planner Susan Shanks. TriMet staff Steve Witter, Executive Director of Capital Projects, and Dave Unsworth, Director of Project Development and Permitting. Mr.Asher said direction is sought from Council for a resolution to be considered at the November 13 meeting which will officially determine the City of Tigard's support for the SW Corridor light rail project. He remarked on the importance of a light rail project to a city like Tigard and how it is beneficial. He said one of the proudest moments of his community development career was to help build the Portland-Milwaukie MAX line when he was the community development director for the City of Milwaukie. He suggested that decades from now some cities will be on the light rail network and others will not and the cities that have access to that network will have an advantage in fulfilling their plans and aspirations. Light rail gives a city a lot more development options which most TIGARD CITY COUNCIL MEETING MINUTES — October 30, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 12 communities value such as walkability,mixed-use and being more than just a bedroom community. He said while he is a great proponent of light rail generally, tonight's presentation has a negative bias. He explained that the project is in a land use process and Metro is the decider,TriMet is the applicant and Tigard City Council is a stakeholder, as an affected jurisdiction. Mr.Asher said he received a notice from Metro for a decision on the Land Use Final Order (LUFO),which is a single permit for the project. LUFOs were created by the State of Oregon. Metro's public hearing is scheduled for November 15, two days after the Tigard City Council will make their recommendation. The workshop tonight is an opportunity for Council to hear about the project, concerns staff has identified about the Locally Preferred Alternative (LPA),to get information from TriMet (the applicant) about the process and to get clarification so that the resolution that comes back on November 13 captures whatever Council wants the City of Tigard to be on record about. This input will be considered by TriMet and Metro. Mr.Asher said the project is only at the 5 percent design stage and there are a lot of unknowns. He said the LUFO is arranged so that once Metro approves it,TriMet has authority to build the project in line with this application and any changes would be figured out through a steering committee process where there might be only one representative. These changes would not typically be large. The City Council's influence is limited. He said Council will hear about an agreement that addresses some concerns Tigard has about the project. He asked Council to think about the alignment. and Council will also consider a finalized MOU to be signed by the city manager that talks about addressing these concerns. Mr.Asher said staff has a risk bias in the way we are looking at these issues. Studies show that when faced with a big decision,we are interested in the downside risks as well as the upside. The project has predictable benefits which staff will not talk about much tonight. There are few issues with this project going to the Triangle area.We wanted two stations in the Triangle and it looks like that is going to happen. The Triangle and light rail fit together. Tigard will have better transit service, multi-modalism all over the downtown and the Triangle,and a non-car ride to Portland or Bridgeport would be great. There will be some road and intersection improvements as well as natural resources such as Red Rock Creek. These are all good things that are part of this project and he did not want that to be lost on anyone. The LPA also has adverse impacts in the City of Tigard as well,heavily concentrated in one segment. Most of the focus tonight will be on this troublesome area, the downtown area and portion of the Hunziker Industrial Core that runs up against the downtown. He said staff are being conservative and calling out all risks when we hold this alignment up against the City's Comprehensive Plan policy. Things we care about such as transit-oriented development and walkability could happen but we are not sure we can rely on it happening with this alignment. These concerns are all being put in the frame of the LUFO criteria because that is what the law says we are supposed to do. He showed slides of maps and the alignment and said staff will discuss where the LPA shows conflict or risk with our comprehensive plan policies. He said he would then touch on the MOU and resolution and there is a lot of time for Council questions. Council President Snider asked where the Village Inn site was located. Mr. Unsworth said the yellow area on the map has been expanded because they were asked to do some additional study by the Steering Committee trying to avoid impacting the Village Inn. They may look at other properties. He said this will provide some flexibility and choices as they proceed. TIGARD CITY COUNCIL MEETING MINUTES — October 30, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 12 This Land Use Final Order is recognition on the part of the State legislature that this project has statewide impact, this MAX line is critical infrastructure to this region, and the region is critical to the economy of the state. To be competitive and gain as much federal share as possible is of real interest to the state. Therefore,the state has passed legislation for this project and projects before it to allow land use decision making elevated from local jurisdictions to the entity that includes all of them—Metro. It does not mean TriMet has rights to build light rail anywhere it wants under any condition it wants. The legislation is very clear that it is trying to abide by statewide planning goals and supportive of local land use planning policies (Comprehensive Plan and other plans). It says in the LUFO legislation that it is meant to be"equivalent in spirit and in substance to the land use procedures that otherwise would be applicable." He said there are 13 criteria, approved by city staff, TtiMet and Metro as shown on a slide of all criteria with two highlighted that have not been met: Criterion 3-Balancing and mitigating social,urban form, economic, traffic and safety impacts; and Criterion 11 -Maintaining downtown Tigard as the transit center. The other 11 criteria have been met or are not pertinent at this time. He said this project worked hard to avoid social impacts and he did not think there were any affordable housing impacts. But staff has concerns to bring to Council's attention to impacts to urban form, economic, safety and traffic. Mr.Asher said it is a balancing act and one of the balancers is whether this route location can enhance transit ridership and staff believes it will. Council will hear about the likely contribution of light rail service to improved economic opportunities, the development of a compact urban form, improved safety and the need to protect neighborhoods, districts and centers (the downtown) from adverse impacts. Senior Transportation Planner Roth showed a slide of the Tigard Transit Center and asked,"Does the preferred alternative comply with Criteria 11?" He said that siting it on Hall Boulevard puts it outside Tigard's defined downtown area and, on this basis alone,it fails. The current Tigard Transit Center is centrally located, accessible and multi-modal with eight bus lines and the Wes line serving it. It provides both bike parking and 100 Park&Ride spaces. It is an integral transportation facility woven into the fabric of downtown Tigard and over the past several years the city has invested heavily in renewing the historic downtown area and creating a more walkable environment. An inherent assumption in much of this work is a centrally located transportation hub in downtown Tigard. He said from a transportation perspective siting the new Tigard Transit Center outside of downtown Tigard's established boundaries creates a few potentially negative impacts: increased walking distance and time from the center of downtown,pedestrian trips shifted to Commercial Street, a street without specific plans or investment in appropriate pedestrian scale and streetscape improvements;new and so far unmitigated pedestrian train crossing conflicts,the form of SW Hall Boulevard itself,which sees over 11,700 vehicle trips a day at this location, additional traffic generated from a 300-space Park&Ride structure and impacts of bus ere-routing through the downtown area. Economic Development Coordinator Dekay-Bemis discussed LUFO Criteria 3. Part of the objective is to identify economic impacts on commercial and industrial districts,measures that could increase beneficial impacts and reduce adverse impacts,and the likely contribution of light rail in service to improve economic activities. He showed a slide of the LPA and underlaid in grey were Tigard's industrial zones,its entire supply of industrial land. He said except in the Triangle the route runs through Tigard's industrial lands,avoiding impacts on residential lands. Some business may have to relocate. This does not show the full impact because the project is only 5 percent designed. A Summary of Impacts slide showed 21 businesses that staff said would be directly impacted and need to relocate, or 4.7 percent of industrial firms in Tigard. These firms employ 594 employees, or TIGARD CITY COUNCIL MEETING MINUTES — October 30, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 12 7 percent of industrial employees in Tigard. Tigard could potentially lose 42.3 acres of the industrial land inventory, or 5.4 percent. Project Planner Pagenstecher said the impacts occur within a severely constrained industrial land inventory without potential future expansion within or at the edge of the City's boundaries. There is no land available of a size and location suitable for industrial use available for expansion within the City boundary. Outside the Urban Growth Boundary the land to the west is topographically challenging and unsuitable for industrial development, even if it came inside the UGB. The other boundaries on the north, east and south are shared with other cities. Mr.Pagenstecher said the need to protect industrial zoned land within Tigard is well documented in the Comprehensive Plan's 2011 Economic Opportunities Analysis. The city is deficient in vacant and redevelopable industrial-zoned property for the 20-year planning horizon. The applicable Goal 9 Comprehensive Plan policies and action measures focus on promotion of well-designed and efficient development of vacant industrial lands and actions that result in greater,more efficient utilization of Metro-designated employment and industrial areas. He showed a slide of the Hunziker Core infrastructure and said the strategy was developed to provide a context for the Wall Street improvement alignment,currently under construction. The middle section is being developed now and Phase 3 (Tech Center Drive) is funded for 2020 development.The Wall Street improvement provides frontage to the Fields property and connectivity between Hunziker Street and 72nd Avenue, helping to relieve the burden on the Highway 217/72'Avenue intersection. This strategy also identified a potential street network between the new Wall Street and Hall Boulevard that could provide access to significant underdeveloped properties in the Hunziker Core, a key element to potential future development of this important zone. He showed a slide of the 16-acre Operations and Maintenance Facility,which would extend from Hunziker Street to the railroad tracks. TriMet indicated operational requirements would preclude any access through it. Potential alignments are truncated by the O &M Facility. He summarized by saying that in its current configuration the LPA and O &M Facility would adversely impact Tigard's industrial employment landscape by further reducing the already constrained industrial land inventory and reducing the industrial workforce. Staff finds that the LPA is not consistent with LUFO Criterion 3. Senior Planner Shanks talked about impacts to the urban form included in Criterion 3, specifically whether the location of a station area and proposed Operations and Maintenance Facility east of Hall Boulevard adversely impacts Tigard's urban form. The location of a station area and O &M Facility east of Hall Boulevard does not serve Tigard well. It does not contribute to the development of a compact and efficient urban form. She said this is not just that the light rail improvements are proposed to be built outside of the downtown Tigard area in an adjacent industrialized area. It is what happens after the station is up and running. The urban form means the physical patterns and structures defining an intensely built space. Downtown Tigard's urban form has been heavily influenced by the historic commercial retail pattern along Main Street,by its proximity to Fanno Creek and by the community's land use vision and redevelopment efforts over time. What it means to downtown's urban form to locate a station outside of it is that downtown's physical boundary will need to expand outward into an area for which it shares very few physical attributes.The Hunziker industrial area consists of several large lots with no internal street grid and no connection to Fanno Creek. Yet the station will somehow need to be physically integrated into downtown, across Hall Boulevard,if it is going to be a safe and successful place. Ms. Shanks said there is a functional component as well and that is that downtown will become a less compact and efficient place. Compact urban form is about physical density and efficient urban TIGARD CITY COUNCIL MEETING MINUTES — October 30, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 12 form is about functionality. It is only when we have a density of land uses and human activity that we truly achieve efficiency. A consequence of having a less compact and efficient downtown is the dispersal of people and activities.These are the attributes that are the hallmark of good urban form and successful urban places everywhere. Based on projected ridership and transfers,the downtown station will become a hub of human activity and the market will likely want to serve it by locating services and business there. There is concern that this new hub will compete with Main Street and it will suffer. It will create two centers. Most of the community's efforts in the downtown have been focused on Main Street. She showed slides of the City Center Urban Renewal area in the past, present and future. Most completed projects are along Main Street, current projects are along Main Street and proposed projects are near Main Street. Many stakeholders and advocates been working for decades to enliven the sizable area that is already downtown. Senior Planner Shanks noted, as described by Economic Development Coordinator Dekay-Bemis and Project Planner Pagenstecher, the City does not have industrial land to spare. No one has been advocating for a larger downtown or a smaller industrial area. A complete re-imagining of this area will be required because none of the City's plans or policies address the radical change proposed by this light rail alignment. This will require time and resources and significant community engagement. It will also require major amendments to the Comprehensive Plan, Community Development Code and Transportation System Plan. These changes will need to be supported by appropriate analyses and funding for this will need to be added to the City's budget for the next few years. Senior Project Engineer Enloe spoke about the section of Criterion 3 addressing safety and traffic impact. She mentioned beneficial impacts from the project including traffic signals at 65'Avenue and Haines Street and Commercial Street at Hall Boulevard. These roads are expected to have more traffic by 2035 and the addition of traffic signals will reduce the congestion. A successful transit project may cause more people to use transit rather than ride in a vehicle, thus removing some cars from the roads. Senior Project Engineer Enloe discussed three potential adverse impacts. She mentioned the proposed station on 68`'Parkway and Pacific Highway and said there has not been much station planning since the project design is just at the 5 percent level. Good use of this station and the Park &Ride are expected from the neighborhoods to the north. If a pedestrian is on the west side of 68`' Parkway going towards the station, there is a full traffic signal on 68t'Parkway that is considered a protected crossing for them. But if someone is coming from the east, depending on where the access point is on that parcel of land,it could be considerably out of direction travel. A rule of thumb traffic engineers use is that a pedestrian would likely go 150 feet out of their way to use a protected crossing. If access gets farther away than that,there is an increased desirability in dashing across Pacific Highway. There is not enough information to know what the future access will look like so this is a potential safety concern. Ms. Enloe said there are three traffic signals in close proximity;an existing signal at Burnham, an existing one at Scoffms/Hunziker and a proposed signal at Hall Boulevard and Commercial Street. Looking ahead to 2035 it is estimated that there would be a crossing on the freight/WES tracks every 15 minutes during peak hours and a crossing on the light rail tracks approximately every six minutes during peak hours. This is a high number of trains and the concern staff has is that having that close activity and two uncoordinated train systems creates an increased risk of congestion. The safety concern comes from needing to clear cars from the tracks when two trains come at the same TIGARD CITY COUNCIL MEETING MINUTES — October 30, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 12 time or if a freight train comes through. There is not enough design at this time to know how the independent train systems would trigger the signal system. Senior Project Engineer Enloe discussed the 72nd Avenue/Carmen Drive area which is congested today and future modeling shows that congestion will only increase. The proposed alignment crosses both 72'Avenue and Carmen Drive in close proximity in an area that experiences high levels of existing and projected future congestion. She said future modeling is based on an assumption that Upper Boones Ferry Road will be built out to five lanes but it is shown to be highly congested in the future. This widening project is not funded. Slides were shown of Tigard Comprehensive Plan criteria marked in red if they conflict,green if they support light rail and black if they could go either way. Engineer Enloe discussed LUFO Criterion 3 —Balancing of Traffic and Safety Impacts. She said there is a need for the system to balance anticipated growth and development, congestion in the area,and also the safety of the transportation system. The Comprehensive Plan calls out a need to create an effective multi-model system and provide different types of travel opportunities for people who live and work and enjoy life within Tigard. There are also sections in the Comprehensive Plan that specifically calling for high capacity transit. Senior Planner Shanks discussed LUFO Criterion 3—Balancing of Urban Form Impacts and said there is not a good consistency with the LPA.As noted earlier,the words compact and efficient urban form appear frequently in Comprehensive Plan policies. She pointed out Goal 14.3,Policy 1, which recognizes the city's role within the region and that it is recognized that Tigard is part of a larger,urban regional area but while supporting regional and state growth management decisions, the City also values and supports policies that support cities as the best building blocks of an efficient, stable and compact urban region. Project Planner Pagenstecher talked about LUFO Criterion 3—Balancing of Economic Impact. For the more general economic policies the impacts of the overall LPA are positive,providing the City with a safe, effective, efficient and multi-modal transportation network. However, for the more numerous, specific economic policies applicable to industrial areas, the impacts of the LPA and the O &M Facilities within those industrial areas are adverse. For employment areas, such as mixed-use zones within the Triangle, the Central Business District and industrial areas,industrial areas are severely constrained and would suffer further diminishment with the LPA. Mitigating these adverse impacts will be critical to Tigard's future economic development. Senior Transportation Planner Roth said LUFO Criterion 11 relates to Tigard's Comprehensive Plan Policy 15.4. which says the downtown shall be Tigard's primary transit center for rail and bus service. The preferred alternative station on Hall Boulevard is outside Tigard's downtown area. Community Development Director Asher said impacts were quickly identified and staff have been working with TriMet and Metro to see if there are some ways to get these adverse impacts mitigated. A draft MOU with TriMet has been prepared that allows Tigard to have comfort regarding concerns discussed tonight. A draft MOU with TriMet will come before Council on November 13 and includes language on: • Number of stations and locations • Hall Boulevard redesign (at downtown station location) TIGARD CITY COUNCIL MEETING MINUTES — October 30, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 12 • Shared use agreement for downtown parking structure • Future discussion on design and location of downtown station in a MOS scenario • Cooperation on an Ash Avenue crossing • Study and cooperation on active transportation connection between the Triangle and downtown • Cooperation to preserve and develop affordable housing • Future agreement for scoping and budgeting city staffing on the project Community Development Director Asher said Council will need to consider a resolution to support, a resolution to oppose, or a resolution requesting that Metro remand TriMet's application. Staff is seeking direction on which resolution to prepare for a vote on November 13. He said the LUFO will need to be amended at a later date after a few key steps such as the Final Environmental Impact Statement and the full funding grant agreement. This is the time for affected jurisdictions to sign on or make concerns known to TriMet and Metro. Council President Snider asked what TriMet's reaction was to the staff findings. TriMet Director of Project Development and Permitting Unsworth said he appreciated staff's work on this. The project has been brought forth by a steering committee of elected officials who have looked at this for a number of years. A Citizen Advisory Committee met 17 times and both committees universally and unanimously approved this preferred alternative. They looked at a dozen alternatives to get to downtown Tigard but did not want to destroy what they wanted to preserve, such as affordable housing or businesses or create significant traffic impacts by crossing Hall Boulevard twice. He acknowledged that some industrial area is being taken out. He said if the O &M Facility was oriented differently property effects could be minimized. Per state law this is the time to give comments. TriMet will be releasing their findings in the next week or so and Council will have a chance to read this. Council President Snider said it is clear that Metro by state law has to take the criteria into consideration. He said that as a community member for over 20 years and the way the staff and entire city interpret this,it would be hard to say all the criteria are met and Metro will write findings to that effect. He said he is hearing that this is a compromise and wanted to know what specific things are addressed by the MOU and what things are not and what,if anything,is the potential mitigation for it. Mr.Asher said Council President Snider was right,Metro will draft findings. There is more than one way to interpret policies and there are many ways to interpret criteria also. Metro will be looking at this project from a regional,not provincial aspect. TriMet Director of Project Development and Permitting Unsworth noted that the PowerPoint was different, and this was the first time they had seen this version. He requested a five-minute recess to confer with his colleagues in order to provide specific responses on how these issues will be addressed. Mayor Cook called a recess at 7:51 p.m. The meeting was reconvened at 8:02 p.m. City Manager Wine said the presentation was new and acknowledged that it was not fair to ask TriMet for a detailed response to specific criteria. TIGARD CITY COUNCIL MEETING MINUTES — October 30, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tiga.d-or.gov I Page 7 of 12 TriMet Director of Capital Projects Witter said City Manager Wine's comments were well taken and he did not see a benefit to respond point by point. TriMet staff has been working with City staff on this. He thanked Councilors Goodhouse and Anderson for working on an MOU,which is not legally binding,but a morally binding, document. He said it is a continuation of TriMet's good faith efforts to work with Tigard which started back when the initial route proposal was being formed and Community Development Director Asher said TriMet really needed to know how urban design and form issues could be understood. We are at five percent design.Looking at the character of the stations to the traffic operations—all of these things will be resolved. Light rail projects are complex and they require some special engineering but TriMet has built over 60 miles of rail and has seen throughout the region that engineering challenges can be overcome. Mr.Witter noted that Mark Greenfield,who wrote the original LUFO legislation was present and could address any specific LUFO questions. TriMet Director of Project Development and Permitting Unsworth said there two ways to deal with the issues. There is mitigation for impacts and they will look for traffic impact mitigations. LUFO does not get you out of local permitting;we still need to come in for land use approval and permits so Tigard has a chance to weigh in. He said regarding urban form, they know there will be a loss of work and TriMet will pay for the relocation of businesses there. The City has asked them to join with them on employment transit-oriented development in that area to build businesses back up. Part of this urban form question is how to grow the downtown and part of that is how to address Hall Boulevard. A request was made of TriMet to assist the City with a jurisdictional transfer of Hall Boulevard from ODOT. They are willing to help with that. He said staff raised relevant issues and an MOU with a work program hits all of these issues and the team at TriMet wants to make this a success.This is not something we are doing to Tigard. It is something we are doing for Tigard. Councilor Goodhouse asked for a definition of Transportation Oriented Development for the audience to hear. Mr. Unsworth referred to Orenco on the west side line and said it is housing built around transit and really uses the transit. Another kind is equitable transit-oriented development which repurposes excess property acquired for a station for affordable housing. Council President Snider asked what percentage of staff concerns are mitigated by the MOU. Community Development Director Asher said it is an excellent start but came very late. He said it is very helpful and adequately addresses many of the issues. Council President Snider asked which issues were not addressed. Mr.Asher said it is reassuring to hear that the funding for Hall Boulevard will be in the base funding in the vicinity of the project. Some of Senior Planner Shanks' concerns about integrating an extended downtown will be helped by improvements to Hall Boulevard as will some of Senior Transportation Planner Roth's concerns. If there is one thing that is not in this agreement it is that the Minimal Operating Segment language. If the project does not go to Bridgeport, do we have to have a station in the industrial area when one in the downtown would solve so many of these concerns. However,TriMet has been very clear that they are not open to moving the station even in that scenario. Council President Snider asked about the congestion at Boones Ferry and 72"d Avenue,which is concerning to him. Mr. Unsworth said they have heard this is an issue from ODOT and others. They are looking at a grade separation and it is on the radar. TIGARD CITY COUNCIL MEETING MINUTES — October 30, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 12 Councilor Goodhouse said his biggest concern is that he wants a west of Hall Boulevard station option and that citizens are surprised there is not a downtown station option. Mr. Unsworth said what TriMet has heard clearly is that going up and over Hall and landing on Burnham Street increases costs and travel time so much that their General Manager is not interested in doing that. He added that this is a conversation for the Steering Committee later on. Councilor Woodard asked Mr.Asher about the Hunziker Industrial Core,where the City and Trammel Crow have invested millions. Mr.Asher replied that the Trammel Crow property is on the other side of Wall Street and the entire Fields property hillside will be developed just as was planned, with industrial development on the flat part and workforce housing being built on the hillside. In response to a question from Councilor Woodard about the MOU, City Attorney Rihala said it is not a legally binding document in the sense we could take it to court and have a judge compel someone to do something. It is a legal document in that two parties are signing an agreement. Councilor Woodard suggested that if the City has an expectation to receive certain benefits for the City and the tax payer,we need to absolutely ensure that those commitments are solidified in another type of document. City Attorney Rihala said at this point,items in the MOU are flags for future consideration for an IGA. There are placeholders in the MOU with the intent that we will come back and enter into an IGA if we decide to pursue them. Councilor Anderson asked about moving the Operations and Maintenance Facility around and whether maintenance is an industrial use. Senior Planner Shanks said railroad yard use is not allowed in this zone. but an exception was made,and our code will be changed. Councilor Anderson asked how many jobs would be created by an O &M facility and Mayor Cook said the answer was at least 150 FTEs. Mayor Cook asked why the Hall Boulevard parking structure site could not be considered a mixed- use development with shared parking below and a few stories built above to facilitate development in the area. Mr. Unsworth said it would be a question for the market and whether it would pencil out. There is language in the MOU regarding shared use for the parking structure. Mayor Cook asked City Attorney Rihala to summarize Charter changes related to light rail. She said the City's Charter says the City may not raise a tax,increase a fee or basically impose any additional cost without a vote to pay for light rail construction. So,any Tigard funding was going to be devoted to construction there would need to be a vote. In terms of what has been voted on, two years ago Tigard passed the authorization ordinance which had to meet specific requirements and asked voters if they supported a light rail project as it was at that time and they voted yes. The resolution Council will consider on November 13 will say to the extent that this project conforms with that vote, the Tigard City Council supports that alignment. No additional vote of the people is required if Council decides that this project conforms with the authorization ordinance. Staff feels comfortable that it does. Councilor Woodard referred to the street maintenance backlog and asked if anyone was concerned that there will be a lot of cross-street traffic to access light rail. He asked if there were ways to find revenue for these things. Mr. Asher replied that this is low down on the list and he was not sure the impact will be as bad as Councilor Woodard thinks. Mr. Unsworth said where there are at-grade crossings TriMet is responsible and will develop maintenance agreements. TIGARD CITY COUNCIL MEETING MINUTES — October 30, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.figard-or.gov I Page 9 of 12 Mayor Cook thanked TriMet for working with staff on this MOU. He added that Metro does not often receive kudos,but Metro was the "white knight" playing referee and encouraged TriMet and the City to talk. Community Development Director Asher asked for direction from council on drafting a resolution for November 13 meeting. This meeting was to make sure Council has the information they need. Mayor Cook said it would have been helpful to have the MOU in front of them. He suggested mirroring the language from the MOU in the resolution so that we have it in both places. Councilor Goodhouse suggested passing the resolution and MOU but remanding the station location to west of Hall Boulevard. Community Development Director Asher said he is hearing support generally for this project and has heard one councilor asking for something that is not in there. He said staff will draft something that brings over language from the MOU into the resolution. Council President Snider said he has stated this to TriMet staff previously,but for him to support the east of Hall Boulevard station, the line must go to Bridgeport,not necessarily immediately,but there needs to be a commitment to build within a specified time,perhaps ten years. Councilor Woodard said he received a lot of good information over the years but it has changed quickly. He was concerned about the industrial area. He said there is a lot of information and he can't fathom that all the additional things which tax payers are going to pay for are listed in the MOU. There are other things that will be needed to treat roads and deal with congestion, such as lighting and signals,but without an MOU or IGA with an absolute guarantee of some of these big ticket items, he has no assurance. People are going to get frustrated and upset and he could imagine future councilors trying to untangle the mess made because we do not really understand things. He said, "When it comes down to Tigard, I've got to put Tigard first." Mayor Cook said despite what the media has reported,he never said it will decrease congestion. He said it will decrease the increase in congestion. People are moving in;congestion is going to get worse.But it is another tool in our toolbox. Even with building this there will be an increase in congestion because of the number of people moving in. He said he looks at the positives like what it could do for the downtown and what it will do for the Triangle and all the economic development aspects. Those can pay for the items mentioned by Councilor Woodard. We have to look at the negatives but there are plenty of ways that this project would pay for those and more and benefit the city. He said Councilor Woodard is correct in that the first alignment lines looked at were wide and it could have gone in anywhere inside those lines. But the lines went mainly through residential areas. The preferred alternative goes a little inside residential in the Triangle and does affect 5 percent of Tigard's industrial land,but otherwise we would have hundreds and residents and housing advocates displaced. He said he did not like the fact that industrial land is affected but otherwise council would be hearing from hundreds of residents and social organizations testifying that we were taking out an affordable housing project. Councilor Woodard said in order to make a good decision he needs more time. Community Development Director Asher said the project is at the point now where Metro will be making their decision on November 15. This is the next milestone in the project schedule. He said he felt for Councilor Woodard but he also knows how many times staff has updated council at meetings and TIGARD CITY COUNCIL MEETING MINUTES — October 30, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 12 over lunch. November 13 is the decision date for this council. Mr.Asher said staff will not be back with new information. Council will hear from the public on November 13 but the whole purpose of tonight's workshop was to update Council on everything. City Manager Wine said the MOU will be published with the packet Council receives on Thursday. Councilor Woodard noted that he wished they could have held this workshop meeting back when the Steering Committee had its meeting with Metro. City Attorney Rihala asked for attention to be refocused on the land perspective. She noted that Councilor Goodhouse requested consideration of a remand to address the MOS and reiterated what Mr. Unsworth said earlier;the MOS is not a part of the land use decision. She said a remand would be to address one criteria that is not being addressed in the application that will be before Metro. She said Tigard could prepare comments for Metro saying that Criterion 11 is not satisfied but the MOS would not be the way to go about doing that. Community Development Director Asher asked, following up on Councilor Goodhouse's concern, if the LUFO showed a larger area for the downtown station,would it avail the opportunity to build one west of Hall Boulevard if an MOS came to pass. He asked if not having those locations identified precluded the possibility that there would ever be a station west of Hall. Mr. Unsworth said no,after a final environmental impact statement and a full funding grant agreement,there are opportunities to modify it. He said to recognize though that the application TriMet prepared was based on direction from the Steering Committee and it was a resolution that went to TriMet's Board so he did not think it was possible to change that in the near term. Metro is being asked to do two things on November 15—a vote on the locally preferred alternative as it is written,which does not include the MOS;and to process this LUFO,which includes a full-length alignment that does not describe an MOS. Mr. Unsworth said that if for some reason there is not enough money for a full-length alignment and a description is needed, the MOU says TriMet will consult with Tigard and have a full discussion and the Steering Committee will adopt where we will move forward with an MOS. If they move forward with an MOS and cannot get all the way to Tualatin, they amend the LUFO at the end of the FEIS or at the full-funded grant agreement component. There are opportunities. Mr.Asher asked about the NEPA (National Environmental Policy Act) because after the FEIS is finished,it was not clear to him how a new property impact would be introduced. Mr. Unsworth said a project identified in a NEPA action could do this in several ways. Before an EIS is finalized an MOS will be picked to make sure they have cleared that. This won't happen until June or July of 2019. If we change things after an environmental impact statement has been issued a record of decision, there are reevaluations that can occur and TriMet has done these before on a number of projects. It is not something they are unaccustomed to doing;it is a regular action they have had to take for a number of different elements that have changed after the record of decision has been issued. Mr. Asher clarified for Council that the Steering Committee can change things from what is being adopted now on advice from the project staff. It would not be a City of Tigard decision although Council would be consulted and represented,and some processes would have to be put in place to get through NEPA and to change the alignment.The MOS that will be named in June or July is along the alignment as shown. Mr. Unsworth said the MOU is very clear about the opportunity to have that conversation,which we will have and that is the time for it. TIGARD CITY COUNCIL MEETING MINUTES — October 30, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 12 Councilor Woodard asked what the result would be if the Tigard City Council decided to oppose or remand. Mr.Asher said if Tigard made a resolution to oppose the project it would be very grave for the project but it would be up TriMet or Metro to figure out how to respond to something like that. He said a remand is very different and is similar to any other land use situation. It would mean asking TriMet to please go back and keep working on this and it would have schedule implications. Council President Snider noted that Tigard would not even get to make that decision and would simply be asking Metro to remand it. Mr. Unsworth said if the City of Tigard,after working on this project for seven years, does not want to move forward,it is a big issue. If Tigard wants to say they want a remand for a specific issue it is up to Metro Council to decide. Councilor Woodard asked if Tigard decided to request a remand would it stop the LUFO. Mayor Cook said the Metro meeting would still happen on November 15 and we would request in a resolution that they change an aspect but Metro Council could decide not to listen to that. City Attorney Rihala said what they are hearing is that the resolution will mirror the MOU,be in support of the project to the extent it conforms with the authorizing ordinance and is in agreement with the locally preferred alternative. Council President Snider said his support was dependent upon language about the line going to Bridgeport or not. City Attorney Rihala asked if the MOS language was in the MOU would be sufficient and Council President Snider agreed it would. Councilor Anderson said Council members that had not seen the MOU were at a disadvantage. He said he has seen it and is satisfied and ready to move on. Community Development Director Asher said staff will write a resolution in support with the MOU language and leave it to Councilors Goodhouse and Snider to see if it satisfies their interests in a commitment relating to the Bridgeport MOS issue or some other option. Council will hear from the public at the hearing on November 13 and will have two weeks to review the resolution and decide if the language is satisfactory before then. 3. NON AGENDA ITEMS None. 4. ADJOURNMENT At 9:15 p.m. Councilor Woodard moved to adjourn the meeting. Councilor Goodhouse seconded the motion and Mayor Cook conducted a vote. The motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ d'( Carol A. Krager, City Record Attest: 9— John L. k, Mayor Date TIGARD CITY COUNCIL MEETING MINUTES — October 30, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 12 of 12