City Council Minutes - 07/13/2021 III
' City of Tigard
City Council Business Meeting Minutes
TIGARD
, July 13, 2021
1. BUSINESS MEETING
A. At 6:30 p.m.Mayor Snider called the Tigard City Council meeting to order.
B. City Recorder Krager called the roll.
Present Absent
Youth Councilor Nag x
Councilor Goodhouse x
Councilor Newton x
Council President Lueb x
Councilor Shaw x
Mayor Snider x
C. Pledge of Allegiance—Mayor Snider asked everyone to mute their mics and join him in
the Pledge of Allegiance.A flag was projected on the screen.
D. Call to Council and Staff for Non-Agenda Items—None
2. PUBLIC COMMENT
A. Follow-up to Previous Public Comment—None.
B. Update from Police Chief—Police Chief McAlpine reported on police preparation and
response to the Fourth of July fireworks.Three graveyard shift officers and a sergeant were
called in early with the goal of physically responding to every dispatched fireworks call. She
noted that it was Lieutenant Eskew's final Fourth of July,as he is retiring. Lt. Eskew said there
were 68 fireworks-related calls which was an increase from previous years.A slide was shown
of the number of calls from each district. Extra patrols responded proactively. Many people
said they were unaware of the fireworks ban. No criminal citations were issued,just proactive
warning letters. He advised that the wording should be softened in future warning letters to
people who had previous fireworks violations, as some found it off-putting.Putting reader
boards in highly populated areas would help spread the message. TVF&R reported that last
year they responded to 15 calls for$150,000 in property damage. This year they responded to
9 calls but there was zero property damage. Lt. Eskew said there was overwhelmingly positive
compliance.
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Council thanked the Police Department for taking proactive measures. It was noted that social
media comments indicated some neighbors were not aware of the fireworks ban and in the
future the city should provide more education about how to use legal fireworks safely.
C. Tigard Area Chamber of Commerce Update—Member and Community Engagement Manager
Love gave an update on Chamber activities and events. Tigard Restaurant Month was a huge
success with over 50 passports turned in. Six businesses joined the Chamber in June, the
highest monthly total since the beginning of the pandemic. The Tigard Downtown Alliance
Artwalk event is underway and complete details are available at ExploreDowntownTigard.com
D. Public Comment—Written: Mayor Snider noted there were two written comments received
and both were from Jim Long, relating to Agenda Item No. 7 - Quasi-Judicial Public Hearing
on OR217 Comprehensive Plan Amendment and Sensitive Lands Review.
E. Public Comment—Phone-In: None
3. COUNCIL LIAISON REPORTS
Councilor Newton:The Public Safety Advisory Board will give a full report later in this meeting.
The Community Development Block Grant PAB (Policy Advisory Board) let a contract for shower
trailers located throughout Washington County for use by the homeless and she requested a
regularly scheduled trailer for southern Washington County.
Councilor Goodhouse: He is planning on attending a National League of Cities summer leadership
committee meeting on race, equity,and leadership,and then another meeting for the NLC
Transportation Committee he sits on.
Council President Lueb: The PRAB previewed the Parks System Plan which will be coming to
Council soon.
Youth Councilor Nag:The Tigard Youth Advisory Council is discussing a blanket making drive and
said the TYAC wants to get involved with the Movies in the Park program the city recreation team
is planning. They are also planning a city street cleanup event.
Mayor Snider:The Washington County Coordinating Committee is providing feedback on Oregon's
MSTIP (Major Streets and Transportation Improvement Plan) for 2024-2027 and is pushing for the
addition of Highway 99W as a priority.A request was received from Clackamas County asking for
testimony supporting the I-205 project Phase 1-A. He requested that City Manager Rymer ask staff
to prepare written testimony for the meetings. Elected officials met with Senator Merkley regarding
the change in ARPA dollar amounts and he agreed to have his staff investigate.
Councilor Shaw noted that a joint meeting with Council and the Planning Commission is scheduled
for July 20.
4. CONSENT AGENDA:
A. PROCLAIM JULY AS PARKS AND RECREATION MONTH
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Council President Lueb moved for approval of the Consent Agenda and Councilor Newton
seconded the motion. City Recorder Krager conducted a roll call vote and the motion passed
unanimously.
Yes No
Councilor Goodhouse x
Councilor Newton x
Council President Lueb x
Councilor Shaw x
Mayor Snider
5. CONSIDER RESOLUTION APPOINTING MEMBERS TO THE COMMITTEE FOR
COMMUNITY ENGAGEMENT
Central Services Director Robinson said the Committee for Community Engagement had three
vacancies due to expiring terms. Members were recruited through the city's website and social
media. Six applications were received, and she and Councilor Newton conducted interviews with
all six applicants. Following the interviews, they recommend reappointment of David Hanna,and
the appointment of Shaila Kotadia and Kristi Allen to four-year terms.
Councilor Newton moved to approve Resolution No. 21-27. Council President Lueb seconded
the motion. City Recorder Krager read the number and title of the resolution and conducted a roll
call vote.
Resolution No. 21 -27—A RESOLUTION REAPPOINTING DAVID
HANNA AND APPOINTING SHAILA KOTADIA AND KRISTI ALLEN
AS MEMBERS OF THE COMMITTEE FOR COMMUNTY
ENGAGEMENT
Yes No
Councilor Goodhouse x
Councilor Newton x
Council President Lueb x
Councilor Shaw x
Mayor Snider
Mayor Snider announced that Resolution No. 21-27 was adopted unanimously. He thanked the
committee members and requested that staff mail them City of Tigard pins since Council meetings
are held virtually at this time.
6. RECEIVE PUBLIC SAFETY ADVISORY BOARD UPDATE
Management Analyst Ramos introduced this item.Public Safety Advisory Board Chair John Trinh and
Vice Chair Valerie Sasaki gave an update with a slide presentation and first progress report on the
PSAB's work in April through June. Topics included the body worn camera program, officer hiring
and training.Body worn cameras will give a mutual record of the activities of law enforcement officers
out in the community. The PSAB wanted a clear policy and discussed formatting of data files and
length of retention. PSAB Vice Chair Sasaki thanked the Council for approving the purchase of new
technology that will create a neutral record that will protect both police and the public.
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PSAB Chair Trinh said the PSAB looked at hiring practices and were surprised that there were 13
police employees that speak another language other than English. Members of the public are
encouraged to sit in on an officer oral hiring panel to listen and ask questions. He encouraged
people interested in this to reach out to Management Analyst Ramos or a PSAB member.
Vice Chair Sasaki said she was impressed by the city's Human Resources staff and how the police
hiring focus has an additional layer of cultural competency and situational awareness. She added that
the hiring process has not been static so to the extent that there are things that could improve the
process, she saw that the city is taking those steps.
The PSAB heard that there is a lot of training about crises intervention training and de-escalation.
Washington County is providing a mental health response team.The biggest challenge is that police
are the first responders. and we need to ensure that they have the tools and support that they need.
Challenges have only grown due to economic stresses of the pandemic and responses of police in
other jurisdictions.
Accomplishments in this report period were noted: support for expansion of the body worn camera
program,asking questions through the equity lens and diversifying the pool of police officer
candidates,learning about the Police Department, support of the Asian American Pacific Islander
community and Council approval of a resolution condemning all forms of anti-Asian sentiment
related to COVID-19. PSAB members continued community engagement through the Farmers
Market and individual conversations.
Nick Jarmer and Shaun Stuhldryer have joined the PSAB.
The upcoming unit is called the Community Experience and will explore officer appearance, traffic
stops,use of force and police-public interactions. A new PSAB chair and vice-chair will be elected.
Council thanked the PSAB for their continuing work. Councilor Newton is the liaison from the
council and said the group is thoughtful and the meetings have changed her view of the community.
Council President Lueb commented that the PSAB is special to Tigard,and we are ahead of other
communities. It takes a community that is honest and vulnerable in sharing their lived experience
and a police department that is willing to learn and share.
Youth Councilor Calderon is on the PSAB but current Youth Councilor Nag could connect other
youth members or participate on some level herself.
7. QUASI-JUDICIAL PUBLIC HEARING: CONSIDER AN ORDINANCE ADOPTING OR217
AUXILIARY LANES COMPREHENSIVE PLAN AMENDMENT AND SENSITIVE LANDS
REVIEW—CPA2020-00003 AND SLR2020-00010
A. Mayor Snider opened the quasi-judicial public hearing.
B. City Attorney Rihala read the hearing procedures.
C. Mayor Snider asked Councilors if they have a conflict of interest or have had any ex parte
contacts. Councilor Goodhouse mentioned he drives on Highway 217 through the affected
area.
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D. Mayor Snider announced that anyone wishing to rebut a Councilor's participation could call
in at 503-966-4101.
E. Associate Planner Bilodeau gave a summary of the staff report and a slide presentation,
copies of which are in the packet for this meeting.The Oregon Department of
Transportation is requesting an amendment to Tigard's Comprehensive Plan,Wetland and
Stream Corridors Map and a Sensitive Lands Review for the OR217 auxiliary lanes project.
The project proposed to add auxiliary lanes to OR217 north and southbound between 99W
and SW Greenberg Road.The project will impact.78 acres of Tigard significant wetland and
4.67 acres of Tigard significant wetland buffer (vegetated corridor) covering existing travel
lanes. The total area requested to be removed from the significant wetlands inventory is 5.45
acres but only.78 acres are wetlands. This project is needed to address regional safety and
mobility standards. ODOT is focusing on low-cost, effective, and immediate solutions to
improve specific bottleneck locations.
The Goal 5 ESEE (Environmental, social, economic and energy) consequences analysis
involves evaluating the tradeoffs associated with the natural resource protection DOWL
consultants were hired per the code to evaluate these tradeoffs. ODOT will purchase
wetland mitigation bank credits to replace the functions and values of the wetlands lost. Bank
credits will be purchased from the Bobcat Marsh Wetland Mitigation Bank located at the
Jackson Bottom Wetlands Preserve in the Tualatin Watershed and remaining mitigation will
be done onsite within the project area.
The Planning Commission unanimously voted in favor of approval. Staff recommends
Council adopt by ordinance the proposed Comprehensive Plan Amendment, thereby
removing 5.45 acres from the significant wetlands inventory.
F. Applicant Testimony—ODOT Project Manager Kelly Martin showed a map of the area and
highlighted project aspects on OR217 between Beaverton-Hillsdale Highway and 99W.The
improvements will address bottlenecks and high crash rates,with phased construction
beginning in late 2021 and continuing through 2025. Funding is mostly from HB 2017-Keep
Oregon Moving and the auxiliary lanes will allow safer merging.
The project includes temporary lane closures and there will be outreach prior to that. Bike
and pedestrian improvements will be made including extending the Fanno Creek Trail on the
east side of Highway 217 to connect with Allen Boulevard and widening Hall Boulevard 9
feet to the north.The Hall Boulevard bridge will be closed during the widening,but there will
be a temporary pedestrian/bike bridge.
DOWL,LLC Consultant Read Stapleton said in addition to a public meeting on August 7,
2019,public notice signs were posted along the corridor. 16 neighbors attended the meeting
and there were many questions related to general construction, overall impacts,phasing and
impacts to traffic. There were not as many wetland-specific questions. He said there are 6
significant wetlands affected by the project but while the overall project area seems large, the
actual wetland area is a lot smaller.The significant wetland area includes the 50-foot buffer.
Mitigation is planned for all impacts but focused on two primary areas,the wetlands near
Greenburg Road,associated with Ash Creek and at Red Rock Creek south of Costco.
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Of wetlands that occur within the project area, there is 103,000 square feet of wetland within
the corridor but only 33,000 square feet are impacted, however because the code now
defines wetlands and a 50-foot buffer, the area grew to 103,011. Approximately 2/3 of the
wetlands within the project area will remain.
A table was shown of wetland impacts and how mitigation will be assigned. The majority will
occur at the Bobcat Marsh Mitigation Bank in the lower Tualatin basin. The remaining
vegetated corridor will be mitigated on site.
Questions from Council:
Councilor Newton asked about the mitigation charge for the benefit of the public watching
the meeting. DOWL Environmental Specialist James Stupfel summarized why and how
mitigation works.
Youth Councilor Nag asked about ways to address an increase in pollution affecting the
wetlands. Mr. Stupfel said storm water treatment is part of this project and they will capture
new impervious surface. Existing impervious surface pollution will result in a net decrease in
storm water needing treatment due to fewer delays in traffic.
Mayor Snider said it is difficult to understand how we have freeway construction going on in
significant wetlands. He asked, "If this road was new,would it have been constructed in a
different way due to changing regulations?" Consultant Read said the approvals ODOT
would have had to get would be much more onerous than in the past. He doubted there was
mitigation then as is currently required. They are hemmed in due to the alignment created in
the past.
Mayor Snider asked if using a mitigation bank is permitted in the city's code and City
Attorney Rihala said that it is.
Councilor Shaw asked if the last public outreach was in 2019 and was there more robust
public outreach planned. ODOT Project Manager Kelly said they have done outreach since
2019,in November and December of 2020.Another pre-construction open house is planned
for December or early January as they kick off construction. She noted they have also
attended many council and government meetings and met with any group interested in having
them come and speak about the project. There is over$1 million budgeted for outreach
during the construction phase.
G. Public Testimony—Mayor Snider summarized written comments received from Jim Long and
said Council and received and reviewed them. He summarized that the comments requested
wetland mitigation be onsite in Tigard.
Phone-in Testimony:
Sue Bielke, 11755 SW 114th Avenue,Tigard, called in said she has lived in Tigard 30 years and
worked as a wildlife biologist for 35 years. She expressed concerns about the loss of additional
wetland as some was already lost along Highway 217 when it was built. She promoted
mitigation to be on property in Tigard that includes Ash Creek and is over 50 acres, full of
wildlife, fish,and turtles. She said this property could be a wetlands showpiece for Tigard. Her
other concern is what will happen at the juncture where Fanno Creek meets the auxiliary lane
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land and asked if safe underground passage could be provided for turtles and ducks. She
added that she was blind and was unable to view the plans but offered her time and advice to
anyone working on the project. She asked that the hearing be continued so mitigation
concerns can be addressed. She felt the applicant's evidence does not meet the code. She
added that she did not have any concerns about ex parte contact.
Jim Long, 10655 SW Hall Blvd. Tigard, called in and said he did not have enough
information to challenge any council participation in the hearing. He asked how many
members of council remember the 1970s and 1980s when there was a huge wetland along
Highway 217 owned by Dr. Davis,who proceeded to dry it out. He noted the land is part of
the 100-year floodplain. He said mitigation should occur in Tigard so people can enjoy the
wildlife. He referred to a video he emailed to Council and described the wildlife within it.
ODOT already used 7 acres of wetland for the WES train. He requested that the city and
ODOT contact the owner of the large property and through a joint effort, obtain it. He
noted that all animals cannot fly over the freeway so suggested a tunnel like ODOT built in
Bend. He noted that during the pandemic,people cannot go to City Hall and ask questions or
view larger maps but would be able to come in person next month. He said the affected
neighbors living on Pfaffle Street were not notified of the proposed traffic changes and if they
had been,they may have commented. He asked if the sound barrier would stop wildlife
crossings. He said he and others don't oppose the auxiliary lanes but are concerned about
wildlife. He said CPO-4M requests a continuance so they can see the details on large maps at
City Hall. He encouraged the city to contact the owners of the large property and find out
what their plans are for it. He suggested that the city, ODOT,Wetlands Conservancy,
and Clean Water Services meter the water and fill up the wetlands. There could be an
educational program focusing on the 6 different species in the Metzger area.
In response to a question from Mr. Long regarding the video he submitted, City Attorney
Rihala said it will be entered into the record. Mayor Snider asked Mr. Long if there were any
specific criteria being considered tonight that he wanted to speak to as Council needed to
know that now. Mr.Long replied that if they could get a continuance they would return with
particular language from the code. He said he heard that some people had a difficult time
getting information online.
Elise Shearer, 9980 SW Johnson Street,Tigard,read her testimony. "As a former TTAC
member I follow transportation planning in the city area with keen interest. The planning is
always very involved. As a citizen, I am very concerned about the major wetland impacts to
the Ash Creek area on both sides of Hwy 217 with the planned lane expansions.
This will affect the 100-year flood plain, the Tigard wetland inventory,and the Goal 5 Safe
Harbor zones. It will be of significant impact to the CWS Vegetated Corridor and to Goal 5
Significant Habitat Areas including significant tree groves on both sides of the highway. I
would like to advocate for all the mitigation dollars to be kept in our Tigard community to
rebuild the Ash Creek area to minimize impacts of construction.
The traffic impacts to the City of Tigard will be difficult to endure for the entire period of
construction. When the lanes on Hwy 217 are closed during construction,we will need to have
official detour routes avoiding residential areas and schools that will have to be enforced. We
already have major traffic impacts from all of the other surrounding communities using Hwy
99W and driving through our city.
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There are a lot of safety concerns about the Metzger neighborhood that will experience a lot
of cut-thru traffic as people attempt to get onto Hall Blvd heading north. Greenburg
Road/Cascade Blvd will bear the brunt south of Hwy 217 and Hall Blvd rerouting.
Having Hall Blvd closed for 6 months with the bridge replacement over Hwy 217 will
significantly impact businesses in Tigard and Washington Square. I ask for our city staff to
work closely with all of them for preparation purposes. We need more feedback as to how
this will affect them. I ask for a continuance for more public meetings about the project
impacts."
Mayor Snider asked Ms. Shearer to share her concerns with any specific Community
Development Code criteria used for this project and she replied she did not have any code
specific concerns.
Ellen Partel, 8225 Pfaffle Street,Tigard said she had no issues with any council participation in
this hearing. She remembered receiving a brochure pre-COVID about Hall Blvd. being closed
and wants to know on which side of Pfaffle Street that will occur. She asked for clarification
that the only entrance will be through Dartmouth. She asked how tall the sound walls will be
and would they be positioned at the top of the hill or close to the fences. She noted there was
a pathway now and a lot of transients.When she got the first brochure there were none; now
there are many. She added that she no long walks her dog on that path because the last time
she did, a man yelled obscenities at her.
Mayor Snider said her questions are great but not related to the wetlands topic being
considered tonight. He requested that city staff and ODOT respond and asked that she give
contact information to the City Recorder.
H. Response to testimony by staff:
City Attorney Rihala said the questions will be entered into the land use record. Assistant
Community Development Director McGuire agreed that they are good concerns and the
ODOT project team could answer them. He reminded Council that the focus in this hearing is
on the Comprehensive Plan Amendment and wetland impacts, and this is the only aspect that
the city has influence over at this point. The biggest question is the issue of onsite vs. offsite
mitigation and the approval criteria don't include that. It is covered in the ESEE analysis and
while we generally prefer onsite mitigation when reviewing a Sensitive Lands Review,it is a
hierarchy. Staff first looks onsite, second onsite within the same stream corridor and then if
sites are still not available, then as close to the resource site as possible. He said it always
comes down to availability of property and there is not a lot available in the city at this time.
ODOT Project Manager Martin said she needs the questions in writing and will respond as
soon as possible.
DOWL Consultant Stupfel addressed the onsite and banked credits process. He noted his
team would love to do onsite mitigation for a project of this size. The site is extraordinarily
constrained.They reached out to property owner Davis regarding an opportunity for
mitigation on his property. ODOT funded an effort to delineate the wildlife and wetland areas.
Dr. Davis has plans for that property and it is not available for mitigation use. He noted for
this project there are three sites in Beaverton and one in Tigard in the ODOT right of way in
some existing space.
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Mayor Snider asked if the proposed mitigation bank is in the same stream corridor. Consultant
Stupfel said there are none within Ash Creek or Fanno Creek locally. This is the closest
mitigation option available. He emphasized that they didn't just limit their search to the Davis
property. They started close and worked their way out and this property at the Bobcat Marsh
Mitigation Bank was what they arrived at.
In response to a question from Mayor Snider,DOWL Consultant Stapleton said there were no
plans to increase the number of at-grade crossings.The existing barrier is four-plus lanes wide
and there is no budget for crossings. The main existing passage is the Ash Creek culvert
crossing.
Mayor Snider asked the Applicant about the continuance request for access to City Hall for
maps and in-person testimony. ODOT Project Manager Martin said she was opposed because
the project is out to bid now, and they would have to stop the project biding if the public
hearing is continued.
I. Mayor Snider closed the public hearing.
J. Council consideration of Ordinance No. 21-14.
Councilor Newton asked why Dr. Davis'property was not available and what staff and
ODOT did to find other possible mitigation sides in Tigard.
City Attorney Rihala said in order to answer this question, Council would have to reopen the
public hearing. Mayor Snider offered to reopen the public hearing and asked if there were
other members of Council wanting to ask questions.
Mayor Snider said he prompted all those who testified to address any specific criteria. No one
raised a single point that addresses the criteria. He noted that the city could require that the
mitigation must be done within the city of Tigard,but ODOT would not have a way of
complying.
Councilor Shaw agreed that it meets the criteria and noted that the Planning Commission
voted unanimously to approve.
Council President Lueb thanked everyone for their testimony and for caring for the wildlife.
Youth Councilor Nag said the city has a responsibility to look at the wetlands and animals and
suggested setting up tunnels or ways for animals to cross the highway safely.
Mayor Snider asked if this was an approval criterion.Assistant Community Development
Director McGuire said there are crossings of Ash Creek and Red Rock Creek. One is a bridge
and at Ash Creek there is a wildlife underpass. He said if Council requires this, they will need
to be specific about what effect is being mitigated and how it relates to a specific concern or
impact. Mayor Snider asked if he was saying there is already a safe way for wildlife to cross and
Assistant Community Development Director McGuire replied, "We would say there are other
opportunities for wildlife."
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Councilor Goodhouse moved to approve Ordinance No. 21-14. Council President Lueb
seconded the motion. There was no further discussion. City Recorder Krager read the
number and tide of the ordinance.
Ordinance No. 21-14—AN ORDINANCE APPROVING COMPREHENSIVE
PLAN AMENDMENT CPA2020-00003,TO REMOVE 5.45 ACRES OF
LOCALLY SIGNIFICANT WETLANDS FROM THE "TIGARD WETLAND
AND STREAM CORRIDOR MAP INVENTORY"
City Recorder Krager conducted a roll call vote. Mayor Snider announced Ordinance No.
21- 14 was adopted unanimously.
Yes No
Councilor Goodhouse x
Councilor Newton x
Council President Lueb x
Councilor Shaw x
Mayor Snider x
Mayor Snider announced Ordinance No. 21-14 was adopted unanimously.
8. NON-AGENDA ITEMS—None
9 ADMINISTRATIVE REPORT—City Manager Rymer reported on administrative items.
He thanked staff for their rapid preparations after the fireworks ban, especially the
Communications Team who jumped into action to notify the public after the Council's special
meeting on July 1.The city is planning to return to in-person services on August 9 at city
buildings with in-person Council meetings expected to begin in September. The Tigard-Tualatin
bike rodeo returns this weekend at two elementary schools. He reminded everyone that the
Tigard Active Permits app is live and shows pending and current permits from the Planning and
Building Departments are available for public view online.
10. EXECUTIVE SESSION: None scheduled.
11. ADJOURNMENT
At 9:22 p.m. Councilor Goodhouse motioned for adjournment. Councilor Newton seconded the
motion. City Recorder Krager conducted a roll call vote. The motion passed unanimously.
Yes No
Councilor Goodhouse x
Councilor Newton x
Council President Lueb x
Councilor Shaw x
Mayor Snider
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Carol A. Krager,City Reci-rder
Attest:
Ja•. '. Snider,Mayor
Date: 4,-LG'n _
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