City Council Minutes - 02/15/2005 Agenda Item No. 4.1
For Agenda of April 12, 2005
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
FEBRUARY 15, 2005
Mayor Dirksen called the meeting to order at 6:30 p.m.
Council Present: Mayor Dirksen, Councilors Harding, *Sherwood, Wilson, and
Woodruff.
• EXECUTIVE SESSION: The Tigard City Council went into Executive Session at
6:30 p.m. to discuss labor negotiations ORS 192.660(2)(d).
1. WORKSHOP MEETING
1.1 Mayor Dirksen called the City Council & Local Contract Review Board
meeting to order at 6:57 p.m.
1.2 Council Present: Mayor Dirksen; Councilors Harding, Wilson,
and Woodruff.
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
Mayor Dirksen announced that the Downtown Task Force agreed on a
street light standard for the downtown plan. He shared a photo of an
example of the street light with the City Council.
1.5 Call to Council and Staff for Non-Agenda Items: None
2. JOINT MEETING WITH THE PLANNING COMMISSION — COMPREHENSIVE
PLAN UPDATE
Community Development Director Hendryx presented the staff report on this
agenda item. An outline of the highlights of Community Development Director
Hendryx's presentation to the Council is on file in the City Recorder's office. The
scope of the presentation was as follows:
a. Background
b. Comprehensive Plan concept
C. Program phases/process
d. Specific areas of analysis critical for Tigard
e. Public involvement program
f. Direction needed for public involvement program
Mr. Hendryx noted the study area for the Comprehensive Plan needs to be
determined. Should the study area include unincorporated areas of Bull Mountain
and Metzger?
*Minutes approved on April 12, 2005, with correc#ion as shown; Cou or Sherwood did not attend this
meeting. 1c�r #
Catherine Wheatley, C10 Recorder
April 13, 2005
COUNCIL MINUTES —FEBRUARY 15, 2005 page 1
Tigard's Comprehensive Plan is acknowledged and has been updated to address
new laws; however, the overall plan is dated. The Comprehensive Plan does not
address annexed properties that have come into the City since its initial adoption in
the 1980's.
Planning Commissioner Buehner was present. Commissioner Buehner advised
that there has been a series of meetings during the last year to discuss the
process of doing an update. In recent months, the Planning Commission has felt
that the discussion of the Comprehensive Plan update has been placed on the
"back burner." Commissioner Buehner said an update to the Plan is important and
would be closely tied to the priorities identified by the City Council. The Plan also
would impact the Downtown Plan. The consensus of the Planning Commission
was that a Planning Commission representative come to the City Council to stress
the importance of going forward with the Comprehensive Planning Update
process. It is anticipated that an update would take three years to complete.
Commissioner Buehner advised the City Council that the current staffing is
insufficient. She noted the update would entail development of an inventory
(underlying work before going out to the public) and a number of months to get the
Comprehensive Plan Task Force in place and "up to speed." A City Council,
decision to move forward is needed quickly if there is to be a meaningful analysis
completed this year. Commissioner Buehner suggested two full time planners plus
a part-time administrative assistant be hired for this effort. In addition, she
recommended that a consultant be hired to develop a public involvement process.
She noted a recent planning fee surcharge could be used to fund the consultant
work.
Commissioner Buehner noted two decisions need to be made:
1. What is to be the study area? (existing City limits, unincorporated area,
Areas 63 and 64)
2. What is the extent of the public involvement process?
The second year of the Comprehensive Plan update would be for public outreach
and the third year would be devoted to developing a final document for
presentation to the Planning Commission and the City Council.
Commissioner Buehner advised that is was the opinion of the Planning
Commission to get started on the Comprehensive Plan update "right now."
In response to a question from Mayor D€rksen, Community Development Director
Hendryx advised that staff has reviewed the Planning Commission proposal.
Community Development Director Hendryx referred to the work program and
advised that staff needs to know what the study area will be and what is the extent
COUNCIL MINUTES —FEBRUARY 15, 2005 page 2
of the public involvement to be utilized; will there be a task force formed for the
Comprehensive Plan update?
Community Development Director Hendryx reviewed in more detail what would
take place for a three-year work plan. The Plan cannot move more quickly
because of the time required for a public involvement process.
City Council discussion followed on the amount of time this project would take.
With regard to the question of the area to be included in the Comprehensive Plan
update, City Council members asked about how much it would cost to include the
areas identified for possible inclusion in the update. Community Development
Director Hendryx noted that Washington County is putting together what it would
cost for their involvement with the update for the Bull Mountain area. This topic will
be discussed by the County Board in mid-March. Councilor Harding said she
thought the planning for this area should be done for Bull Mountain regardless
since in the long run it will cost the City more if the planning is not done now.
Councilor Wilson noted that the City would not be "starting from scratch" to
develop inventories and identify what is needed to be addressed in the
Comprehensive Plan. He suggested that focus should be on problem areas and
areas where there are opportunities. He said it would be helpful to know "what
needs to be fixed."
Community Development Director Hendryx reviewed a slide from his PowerPoint
presentation outlining the major subject areas to be addressed in Tigard. He again
noted the lack of planning for those areas that have already been annexed
There was discussion on a specific area--the Greenburg Road intersection at
99W. Commissioner Buehner advised that the Planning Commission has talked
about changing this intersection and using 95th and 98th Avenues for routing. She
said this area merits careful evaluation: land use, residential/mixed use and as an
entrance into the City.
Community Development Director Hendryx commented that it's still unknown what
the County will contribute for the planning for Bull Mountain and the Urban
Reserve areas. The Intergovernmental Agreement (Urban Planning Area
Agreement) needs to be revised. A number of questions that need to be
answered will be "further along in another month." In the meantime, a lot can be
done including inventories, establishing a task force, and identifying the citizen
involvement.
There was additional discussion on the importance of planning for the Bull
Mountain area with the debate still open about how this planning would be paid for.
Mayor Dirksen said that Washington County is responsible for the long-range
planning for Bull Mountain and the City needs support from the County. Councilor
COUNCIL MINUTES —FEBRUARY 15, 2005 page 3
Wilson said some of the City Council's concerns might be tempered if the City
Council knew what the planning for Bull Mountain would cost— is it a significant
amount? Community Development Director Hendryx said the cost will depend on
"what the County brings to the table." The County could decide to provide staff or
to perform the needed inventories for the area.
Interim City Manager Prosser suggested that a work plan could be developed for
the full area, which would identify the costs.
Discussion followed on the level of community involvement to be utilized.
Councilor Wilson noted it would be inevitable that elements of the Comprehensive
Plan will be controversial.
The first year will be devoted to "ground work" for the project. Public involvement
process would start in mid-2006.
Councilor Woodruff noted he was disappointed that the update will take such a
long time. He noted the value of the Comprehensive Planning process and that
"some thorny questions need to be resolved." He said in many areas he did not
think the City would have to start from "ground zero." He said a task force would
be a good idea.
There was some discussion on whether the Planning Commission needs
additional members.
Mayor Dirksen commented on citizen involvement. He noted that it seems that
other communities, when doing Comprehensive Plan Updates, utilize the same
model as the City of Tigard has done with its Downtown Task Force. There was
discussion about a Comprehensive Plan Update Task Force with a suggestion that
it be made up of Planning Commission representatives plus an equal amount of
other citizens including representatives from Boards and Committees. The Mayor
noted that the Citizens for Community Involvement Committee would be "obvious
place to start."
Commissioner Buehner advised that since she has been on the Planning
Commission there have been four area updates to the Comprehensive Plan.
These updates have taken a lot of staff and Commission time; this has been
inefficient and she advised she would not want to see the update "put off."
Interim City Manager Prosser summarized City Council direction he had heard so
far:
On the public involvement process— more involvement rather than less, but
City Council would like to keep its options open in terms of looking at cost
COUNCIL MINUTES —FEBRUARY 15, 2005 page 4
as part of the work plan. In terms of putting together the work plan, staff
could assume a larger public involvement process.
Interim City Manager Prosser said it was his understanding that the City
Council is interested in exploring options for a Task Force, but would like to
see options for how it would be structured.
Councilor Wilson suggested considering members from Vision Task Force
for the Comprehensive Plan Update.
Interim City Manager Prosser suggested that a Task Force be put together
drawing from the Planning Commission, CCI, Vision Task Force, and
perhaps some of the other Task Forces of the City. Mayor Dirksen clarified
he would like to see representatives from each of the boards and
committees. Community Development Director Hendryx said the Council
could structure a task force made up of a variety of people, including
members of the Vision Task Force; he noted the Vision Task Force has
made a lot of suggestions on the Comprehensive Plan.
Interim City Manager Prosser said if the larger study area is decided upon,
then people from the unincorporated areas would need to be involved.
Interim City Manager Prosser confirmed with the City Council that the
program priority is to focus on the Downtown Plan and the Comprehensive
Plan Update comes in next for long-range planning priorities. Mayor
Dirksen said he could easily see where there will be a need for additional
staff, whether those are people hired directly or if the City pays for some
consultant time for the update.
Mayor Dirksen brought up the economic development component of the
Comprehensive Plan Update. He said City Council has discussed for some
time the need to have an Economic Development Department for the City_
If staffing is increased for the Comprehensive Plan, this may evolve for
FTE's needed over the long term.
Councilor Woodruff pointed out the possibility of using interns in this
planning project.
Community Development Director Hendryx and Planning Manager Shields
confirmed with Interim City Manager Prosser that they had the direction
they needed on this agenda item.
Planning Commission membership was discussed briefly. City Council consensus
was to leave the Planning Commission membership at nine members.
COUNCIL MINUTES --FEBRUARY 15, 2005 page 5
3. JOINT MEETING WITH THE TRANSPORTATION FINANCING STRATEGIES
TASK FORCE
Transportation Financing Strategies Task Force (TFSTF) Members Present:
Councilor Nick Wilson, Paul Owen, Joe Schweitz, Gretchen Buehner (Chair),
Basil Christopher, Ralph Hughes (Vice Chair), and Connie Anderson.
City Engineer Duenas introduced this agenda item. The Task Force was
reconstituted in July 2004. The Task Force has met several times since July.
One of the things that Council President Wilson mentioned is that the Task
Force needs to focus on what projects it needs to raise funds for. The Task
Force is charged with evaluating funding sources for major street projects as well
as sidewalk improvements and right-of-way maintenance. It was strongly
recommended that the Task Force meet with the Council to get direction.
TFSTF Chair Buehner said that over the last several months the Task Force has
been reviewing financing options. All options have pros and cons. The Task
Force came to the conclusion that the most viable option was to look at a gas
tax. The draft proposal uses the MSTIP model for this type of proposal to
provide for a limited duration gas tax that would be tied to a specific list of.
projects and would automatically sunset in five years subject to being continued.
The proposal would involve community outreach efforts to be led by members of
the Task Force to get input on how much tax was appropriate (how much
revenue needs to be generated), what projects would be on the list, and whether
revenue bonds should be sold to jump-start the project. In the first year, there
would not be a lot of revenue to do anything.
Ms. Buehner said that the Task Force comes to the Council with some specific
questions and hoped the Council members have had an opportunity to read a
prepared memo to review the pros and cons of this proposal. The Task Force
would want to get the gas station industry involved in this discussion. Multnomah
County has a substantially higher gas tax than Washington County. Tigard's gas
stations are spread all over the City's portals (99W, Greenburg Road, Carmen
Drive, etc.). The Task Force did an analysis of the gas prices all over the City
and there is about a 15-cent difference for the same type of gas depending upon
the station.
-Ms. Buehner outlined the questions the Task Force asks the Council to consider:
■ Does the Council support the concept of a local gas tax?
■ If the Council thinks this is a viable idea, would the Council like the Task
Force to follow up and use the MSTIP model for the public process?
■ Should the Task Force prepare a work program to be implemented over
the next several months that would include the development of an initial
list of projects; i.e., determine if sidewalks would be included, come up
COUNCIL MINUTES—FEBRUARY 15, 2005 page 6
i
with a proposed ratio, develop a public input plan (open houses in
different areas) that would require some City funding?
In response to a question from Councilor Woodruff, Ms. Buehner advised that
the gas taxes now charged are:
Washington County: 1 cent
Multnomah County: 4 cents
State of Oregon: 24 cents
A list of cities that charge a gas tax was sent to the Council in the meeting packet
materials. None of the cities in the immediate vicinity of Tigard have a gas tax.
King City is considering a gas tax at this time.
Ms. Buehner explained that the City Engineer, upon request of the Task Force,
did some research to find how much revenue is received by those cities that
have a gas tax. This research was used as the basis of revenue estimates on
Page 2 of the memo from the Task Force to the Council. The estimates are
conservative. Mr. Duenas said the Oregon Department of Transportation would
collect the gas tax for the City.
Ms. Buehner said the Task Force would want to go to the voters with this
proposal as was done in the MSTIP model, which has been used successfully by
the County. Determination of projects would be done through a public-process.
The final piece would be to limit this to five years to see if it works.
Councilor Wilson referred to Task Force efforts to consider every potential,
conceivable revenue source. He said he has long been of the opinion that
"we've got a cart and the horse thing going here." He said the Task Force was
started the first time to study ways to get money for maintaining the streets and
the City has since implemented the street maintenance fee. When the Task
Force was reconstituted it was to try to figure out how to address some of the
transportation problems. This year, the Council has set the Improve Highway
99W goal. Councilor Wilson said the gas tax idea is intriguing, but he would like
to direct the Task Force efforts to study a lot of ways to address traffic issues in
or surrounding Highway 99W and come up with some projects. Then, the City
could look at the gas tax and/or bond measure, or joint State/City projects. He
said it was difficult for him to support a gas tax without knowing what the funds
would be used for.
Ms. Buehner said identifying the projects would be part of the implementation
phase. The Task Force would start on the list and then get public input as to
which of the projects they think are important. Under current financing, the City
can afford to do about one semi-major project a year. A large project might take
COUNCIL MINUTES—FEBRUARY 15, 2005 page 7
two or three years. The gas tax could supplement capital improvement funding
so specific projects could be completed.
Mr. Duenas referred to a couple of recommendations in the proposed Capital
Improvement Program for next year. He said he is proposing a project to look at
the entire 99W corridor. He referred to a TGM grant process — a preapplication
was submitted today. If a grant is awarded, funding would be received in July.
The project would not only include physical improvements (big or small) but also
land use recommendations to make changes for improved traffic circulation.
Mr. Duenas said a review of Greenburg Road is also underway to evaluate
alternatives to widening such as alternate routes to the downtown and limit
access onto 99W.
Ms. Buehner said prior studies would be used as a starting point.
Mr. Duenas referred to the Hall and 99W intersection project. An alternatives
analysis has been completed.
Mr. Duenas commented on the number of projects currently under consideration
for 99W. The gas tax could be a way to get some of the projects going.
Councilor Woodruff noted that people would be more likely to acquiesce to
something like a gas tax if specific needs have been identified, especially if they
are convinced that those needs cannot be taken care of unless something is
done to raise the money. Councilor Woodruff asked if the Task Force is asking
for the "go ahead" to plan for the gas tax before the specific projects are
identified. Ms. Buehner said the Task Force was asking to go through the
process of identifying an initial list of projects, going to the public to determine
how the public feels about the list and a possible gas tax and then coming back
to the City Council.
Councilor Wilson said that a driving vision (sense of mission) is needed to get
people excited and supportive of changes. He said"...you have to have that
initial spark, that thing, that I think is missing here in particular for our big,
overwhelming problems. Study them, get a great idea, a list of things you want
to do and then say, how are we going to get them done? That's the way I'd like
to proceed..."
Mayor Dirksen said he thought he could hear agreement between Ms. Buehner's
proposal and Councilor Wilson's outline of how he would like to proceed. Mayor
Dirksen said he agreed that if the City was to ask people to come up with
money, the request should be based upon specific tasks that will be
accomplished. This would draw the people into the process to help find a
solution. He said he was hearing this is what the Task Force wanted to do and
COUNCIL MINUTES —FEBRUARY 15, 2005 page 8
was outlined in the memo from the Task Force. The first thing would be to
identify a list of projects that are outside the scope of any funds available right
now. Then, ask the public if they agree if the projects are important and which
projects are the most important. Finally, ask the public how to go about funding
the priority projects and offer the idea of the gas tax and ask the public what it
thinks about that.
Councilor Wilson noted a bond measure was voted down several years ago that
included a long list of projects. The "right" projects need to be identified. Task
Force Member Schweitz said he didn't think the bond measure failed because of
the list of projects, but failed because people didn't want a bond measure at that
time. The original bond measure completed improvements on Greenburg Road
and Durham Road and that measure was done the way the Task Force and
Council members are suggesting. The list was made, it went to the public, and it
was voted on. Mr. Schweitz said that this is not now being presented for a vote
of the public, but for a vote of the Council. The idea is to get the public input
first. Mr. Schweitz said, "...we are looking at pennies...we are not going to raise
a lot of money...but it is something that can be used for projects that the people
need, especiallysafety issues that the City has. This is something that you
whittle away...even with the other tax revenues that we have coming in, things
are changing and so we have to be on top of it. This is only one way and we've
studied these other things....Again, can we do bond measures? We've ruled it
out because of the community's feeling about it at this time, and so, what's left?
Not a whole lot. And, so that's why we've come together with this, 1 believe."
A Task Force Member directed attention to Attachment B in the Council packet
material. Proceeds of the gas tax for many of the cities are used for things other
than for projects; i.e. maintenance. The people that live in these cities appear to
be "ok"for using the money this way. He said he agrees that projects are great
idea because it represents something to people that is tangible, but he didn't
think it would be the only reason to collect a gas tax.
City Engineer Duenas said he thought there is a big need for making some
sidewalk connections, especially to schools in residential areas. This type of
project is always being brought up, but the City just doesn't have the funds.
Therefore, the gas tax might not just be for 99W, but for items in the local
community that people want to see happen.
Councilor Woodruff agreed that sidewalks are of concern and would be a
reasonable project to propose. He said he was still puzzled and asked, "Are we
saying...we've looked at surveys, talked to lots of people and these are the three
things we think need to happen and aren't going to happen with the current
money. And, they cost x-amount of money, and based on that, we want to go
with a gas tax that will raise that x-amount of money to pay for that." Ms.
Buehner said that is exactly what the Task Force is proposing. Councilor
COUNCIL MINUTES—FEBRUARY 15, 2005 page 9
Woodruff said he was fine with looking at that, whittling it down and coming up
with the most exciting, necessary proposals to do. Once the costs of these
projects are known, then determine how much money might be needed from a
gas tax. Councilor Woodruff said the concept of the gas tax sounded all right to
him if the public is convinced that certain projects would not happen unless
funded by the additional money the gas tax would provide.
Ms. Buehner explained that the reason the Task Force is before the Council now
is to find out if the Council thinks the Task Force is going in the right direction,
and if so, can the Task Force continue to go out and do this research and
analysis, come up with a list, and talk to people in the community. There will be
some expenditure to set up meetings to talk to people.
Councilor Harding said she has concerns about the way the proposal has been
presented. She referred to the cost "per capita" for the annual cost and
questioned whether this was really true to what it would be for one person if that
person bought all of their gas in Tigard. She said for a nickel gas tax, the cost
might be for her and her husband about $250 a year, not $36. Care needs to be
taken in how this is presented. She said it is a good thing to identify projects and
to present the true cost.
Ms. Buehner noted that most of the funding sources reviewed would only be paid
by City residents. A gas tax could also pick up revenue from motorists driving
through and using Tigard streets. Mayor Dirksen said that this is a good point.
Ms. Buehner said that what she is hearing is that the Task Force should continue
to do the research to try and work with the industry and come up with an initial
list, then go out to the public and get their input. Mayor Dirksen said the
research is important and also to acquire a visible level of community support.
Councilor Harding suggested monitoring what King City is doing over the next
two or three weeks to see what comes of their consideration of a gas tax.
Mayor Dirksen noted instances where taxes are collected from citizens of Tigard
by the federal government or the state, which are spent somewhere else. He
pointed out that money collected and spent at a local level would mean the City
would receive the benefit.
Councilor Harding suggested the Cityscape be used to communicate to citizens
how their tax dollars are being spent.
A Task Force member agreed with Councilor Harding's earlier comment that the
average cost for a Tigard motorist be more accurately stated. Councilor
Woodruff noted he calculated that if you drive 12,000 miles per year and get 20
COUNCIL MINUTES —FEBRUARY 15, 2005 page 10
miles to the gallon, a five-cent tax would cost $30. The Task Force was looking
at a two- or three-cent per gallon tax.
The Mayor asked the Task Force go ahead and collect more data.
4. WALL STREET UPDATE
City Engineer Duenas introduced this agenda item. He advised that the Wall
Street Extension began with the Transportation System Plan (TSP) to connect
Hunziker Street with Hall Boulevard. It is one of the key routes projected to carry
7,000 vehicles per day. It is proposed for construction with development. City
Engineer Duenas recited additional background on Wall Street and the proposed
LID. An outline of the highlights of City Engineer Duenas' presentation to the
Council is on file in the City Recorder's office. The presentation contained
information on the following:
• Reasons for Constructing Wall Street
• Reasons for the Local Improvement District
• The Local Improvement District Process
• Actions to Date (City Council Resolution No. 02-11; March 11, 2003
Interim Report; March 23, 2004 Preliminary Engineer's Report)
• Issues (At-grade crossing of two main railroad tracks; permits for
crossing Fanno Creek, flood plain, and wetlands)
• Potential street alignments
• Hall Boulevard/Wall Street Project (city project— Phase 1; Phase 2—
remainder of Wall Street depends on formation of LID)
• Overview of Phases
• Wall Street Joint Access
• Current status for the at-grade railroad crossing is that approval is
unlikely
• Environmental permits for Phases 1 and 2 have been obtained
• Comprehensive Plan Amendment application is in progress
• Options explored by the property owner to provide access to the interior
property if crossing of the tracks does not occur
• View of industrial property vicinity map
• View of Wall Street options
• Council Direction Requested on the following:
Whether or not to—
a. Continue with the hearing on the at grade railroad crossing
b. Signalize the library entrance
C. Construct Phase 1 of Wall Street to provide joint access to the
library and Fanno Pointe
COUNCIL MINUTES—FEBRUARY 15, 2005 page 11
d. Continue with an LID to build Wall Street across Fanno Creek
to provide access to the interior property
• Staff Recommendations:
a. Withdraw the crossing application
b. Signalize the Library intersection
C. Construct Phase 1 of Wall Street
d. Regarding construction of Wall Street across the creek
Consider an LID to construct it short of the tracks
Have the developer construct that segment without an
LID
Mr. Fred Fields introduced Mr. Bob Thompson from Group MacKenzie Architects
and Engineering. Mr. Thompson referred to some exhibits including a regional
map of the site. The Wall Street extension will provide access to Mr. Fields'
property. Mr. Thompson described the options explored by Mr. Fields for property
access. Other exhibits referred to by Mr. Thompson included an aerial
photograph; an aerial photograph showing the topography—the site is relatively
flat with about 30-80 feet of the western property line in the 100-year flood plain. A
large portion of the site is developable. Access from Milton Court was mentioned,
which would involve a permit from Metro. Mr. Thompson referred to some concept
plans showing how the property could be developed. The property is currently
zone I-L (light industrial). He noted one of the concepts would be to build light
industrial buildings and described the needs for this type of development, which
would significantly impact existing trees. Another concept would be to seek a zone
change to I-P to allow office-type buildings, which would mean less truck activity
and the smaller roof tops would mean than a much larger number of trees would
be retained.
Councilor Harding requested clarification of the Milton Court access. Mr_
Thompson described its location, noting NW Medical Teams is on Milton Court.
Mayor Dirksen said that in looking at the different options, including a zone
change, he wondered if Metro would accept this. Mr. Mike Wells (a colleague of
Mr. Thompson) responded that there had been a brief discussion with Metro staff.
An 1-P (industrial park) is a different type of industrial, which falls within Metro's
goals for employment lands and Metro is open to this. Mayor Dirksen noted there
has been recent controversy about jurisdictions attempting to convert industrial
land for commercial purposes. Mr. Wells said one of the caveats is that the I-P
zone in Tigard does allow a certain amount of retail and a large amount of retail
would not be wanted. Mr. Wells said that if there was an application for an I-P
zone there could be an overlay restricting it to no or very little retail. City Engineer
Duenas said that he thinks the area is better suited for I--P considering what is
already existing on Milton Court and the surrounding areas. The property along
COUNCIL MINUTES —FEBRUARY 15, 2005 page 12
Sequoia Parkway, developed by Pactrust is zoned I-P and some was used for
retail (Home Depot), but much of it is one- or two-story"tilt up"with office.
Councilor Woodruff asked if the property was used only for office, so there would
be no truck traffic, could Milton Court be the only access (and not extend Wall
Street)? Mr. Wells said this would represent some challenges; Milton Court is
currently a dead-end street and exceeds the Washington County standards for the
length of a dead-end street. The area is large enough that it makes sense to
provide for some interconnectivity. City Engineer Duenas said that a loop is
always preferable, with access from two directions. Council Woodruff and Mr.
Fields discussed that the access to the property 40 years ago. Mr. Fields said that
it wasn't landlocked -- on what is now the library property, there was a 20-foot
easement (a farm road) and there was a small bridge across Fanno Creek. Mr.
Fields purchased the two houses as well as a piece of vacant property for a total of
6-7 acres for access. He said when he sold the property for the library, he made
sure he had access or he would have never sold the property.
In response to a question from Councilor Harding about access with or without the
new library, Mr. Fields said when he sold the property for the library, he could have
crossed the property at any point as long as he could have crossed Fanno Creek.
As to the railroad, he.said he remembered meeting 30 years ago with Burlington
Northern and Southern Pacific; "...everyone said, yes, this sounds like a very
practical thing to have a crossing at that point. But, of course, that was 30 years
ago and a lot of it has changed since then— Union Pacific owns part of it, ODOT
owns the other part of the railroad —so, you've got all sorts of ramifications..."
Councilor Harding asked if the railroad granted any rights to Mr. Fields 30 years
ago? Mr. Fields said "...no, there was nothing official about it. It was a concept
and, at that time, I must admit that financially, it wasn't possible. I didn't have any
money, neither did the City. But, we were trying to anticipate the development of
the community for the future. And, I don't know whether you realize this, but
formed the LID that improved Hunziker Road, I put in the water district, I put in the
sewer district. All of that was done by landowners' money; that wasn't done by the
City. It's all been extended since— I'm not trying to take any proprietary position in
this, but the point is, this has been an evolution over a long period of time...and, to
answer your question Mr. Dirksen, that zoning...the consideration for changing that
zoning...someone, I don't know who it was, whether it was someone local, but
someone suggested that maybe an office complex would be more compatible than
a residential area, and I'm not advocating one or the other. We'd like to get the
thing moving. I'm not going to live forever...I think the real intent...there's no
question but what we can get access to it. Gus and his people have gone through
all of the motions with the Corps of Engineers to cross Fanno Creek and so forth.
We haven't gotten across the two railroads yet. But, the point is, you've got a big
block of property there—one mile square —directly across the street from City Hall
and downtown. And, believe it or not, and I think we all believe, that Tigard is in a
very strategic position. And, you've got a plugged up sink here with 99W backed
COUNCIL MINUTES—FEBRUARY 15, 2005 page 13
up against 1-5 and...it needs all the help it can get to...get into a practical
community."
Mr. Wells added that the application to Metro has been submitted. It will be
reviewed by the Parks Department of Metro to determine if they may cross over
Metro's land to Milton Court. There's also a short stretch of city land off the end of
Milton Court to which it would attach. This needs to go through the Metro process.
One of the benefits of crossing at this location is that it does avoid the flood plain
and wetlands and is next to the rail line; thus, it has minimal impact to the overall
Metro parcel. Mr. Wells said this location is a logical place for getting access from
two different points. He said doesn't know for certain whether access could only
come from Milton Court; no traffic studies have been done. Also, Tualatin Valley
Fire & Rescue would have to have access for emergency vehicles. If there are a
large number of employees in this area, it would have to be designed for safety.
Mr. Wells said another point to raise about the extension of Wall Street, is that if it
is brought in under LID as a City street with a cul de sac at the rail, it does set up
for an eventual crossing, whether it be a grade crossing — he agreed with City
Engineer Duenas that the chances for a grade crossing are slim— but also connect
to an over crossing, if that were to be put in place. He said in trying to work
towards the City's vision of helping with traffic flow, this would set it up for an.
eventual connector that would break up that long block. The connection to Milton
Court would also help for access on the west side of the rail.
Councilor Wilson asked how there could be an over crossing without cutting off
access? Mr. Wells agreed that the geometry would be difficult, and "frankly, we
have not had the engineers study that. We think the cost is a very difficult obstacle
and technically it would be very challenging; i.e., expensive. There is also the
technical possibility of lowering the rail bed to some extent to help with that
geometry, but then again, that would be very expensive." Councilor Harding
commented that all options presented are very expensive. She said, "and, we've
spent a lot now. And, as Mr. Fields said, it wasn't landlocked..." Councilor
Harding advised she reviewed minutes from before and it appears the City has
spent almost$.5 million already pursuing this project. She referred to the
railroad's comment that it is looking to eliminate at-grade crossings, not add them.
With the commuter rail, the estimate is between 30-47 trips crossing at this
location. Councilor Harding said she thought this was a difficult hurdle to cross
both the railroad and the creek. She said she thought Mr. Field's offer to pay for
the LID is magnanimous, but she noted the amount spent by the City already. She
said, "...I don't think the we should shoulder the blame that this is not useable.
think that's a tough piece of land and 1 think you've probably already known that all
along, hoping that something would happen that would work out."
Blake Hering of Norris Beggs and Simpson Realtors said he is the owner of the
utility industrial park built in 1970's in the subject area. Mr. Hering noted that in the
COUNCIL MINUTES--FEBRUARY 15, 2005 page 14
70's there was no problem with access or egress. Now, he has tenants who
advise they may need to move because of traffic congestion on Hunziker and SW
72"d This is hurting Tigard. This is what has happened over the last 25-30 years.
Also, the rail spur provided an alternative mode of transportation and was used by
Willamette Industries as a bargaining tool with truckers when there was talk of rate
increases. Mr. Hering said in the last 30 years, he did not think more than four rail
cars have used the spur. The spur is useless. But, that could be a great asset for
the City of Tigard in terms of widening Wall Street to help with traffic on Hall
Boulevard and 72' . Councilor Woodruff and Councilor Harding commented about
other problems with the traffic. Mr. Hering noted the need to plan for the future --
to look to what has happened in the last 30 years and then "...take yourself
forward..."
Mr. Wells summarized the issues before the City Council:
1. Withdraw the crossing application?
2. Signalize the library intersection?
3. Construct Phase 1 of Wall Street?
4. What is proposed for the LID?
Mr. Wells said their question to the Council for discussion is a proposed LID to the
tracks. If an LID to the tracks is formed with Mr. Fields it will "...get you one of two
things: Either crossing over the rail or access via Milton. And, I think there is logic
in taking that LID over to the rail...it doesn't solve all the problems today, but it sets
it up to be more likely to solve the problems in the long-term future. This is a very
difficult task to get good circulation to the Tigard Triangle, all the way down to City
Hall. But, we need to take it one step at a time."
Mr. Fields agreed that"it's complicated, it's not easy, and it's not going to be
cheap. And, that's the reason we didn't do it 40 years ago. But, as I say, the
economics have got to the point where the land values can justify substantially
more in the way of the costs of the road and so forth today. I know it's an expense
to the City, but I'd thought we all had faced up to that when I sold the property for
the library. In other words, I sold the property for the library with the understanding
that they would assist and do everything possible to get that road out to Hunziker.
I don't want throw anything around and...insist that the City do that...but we do
have a contract and that is an important consideration I think somewhere along the
line. 1 agree with Mike...If we go with the Wall Street up to the railroad and put a
cul de sac there and divert the exit out to Milton Court, we've got that opportunity to
eventually push it across the railroad. The railroad can be awfully demanding, or
be awfully negative. But, at the same time, there are times when they are looking
for favors, too. I've gone to Marty Brantley, who is the Director of Economic
Development for the State. Gus and I, and Jim Hendryx, went down there about a
year ago and he was very receptive. He says that they have quite a bit of money,
like $500 million, ...to develop and create jobs in the State of Oregon. And, that's
COUNCIL MINUTES--FEBRUARY 15, 2005 page 15
for development of properties in any community...So, he was the one...to
suggest...that well, we've got some money down in Salem that could possibly help
you with that issue...I have a feeling they would give quite a bit to help generate
some employment in the State of Oregon. I asked him how much property you'd
really have to have that would provide encouragement for the State to cooperate
and what size of a piece property... He said, 'about 15 acres, how much is there
out there?' I said, 'well there's almost 70 acres.' He said, '...we're all for that.' So,
my point is that we have a couple of avenues we haven't really pursued at this
point. It just seems tome that what we're doing, what we've been trying to do with
it, is improve the transportation in the whole area. 1 could sell it off tomorrow, I
don't have any problem in doing that, but I've had a thought in mind as to what the
community would need for a long time. I've got some selfish reasons myself."
Mr. Fields commented that the LIDs for Hunziker and the formation of the water
and sewer district in this area were all done before the incorporation of the City of
Tigard and not for any great personal gain. Mr. Fields said, "1 think it's the thing to
do and I think that you people, as management for the City of Tigard have a great
responsibility to see to it to do anything you can to cause this community to grow
and thrive in a very basic, fundamental, practical way. You say it's expensive— 10
years from now it's going to be a lot more expensive...As far as the Milton Court
access and roadways— if you're going to do that, it's not going to do anything for
the traffic planning for Tigard...it'll get traffic in and out of the property, but it
doesn't take care of any traffic problems. So, that's the reason it needs some
really good, hard-nosed efforts...I solicited the help of the City when I agreed to
sell the property for the library." Mr. Fields said, "...try to push the railroad for that
crossing, if you're going to do anything about transportation...this is the only
opportunity you're going to have to get someone to cooperate and pay for the bulk
of the expense. 1 know you've spent a lot of money, but...I can't tell you over the
years I've paid a pretty penny in just paying taxes...for the last 40 years."
Councilor Woodruff noted he appreciated all the work done by Mr. Fields and, if
the City is required contractually, then it needs to be done. There isn't any need
for discussion about whether or not it should occur. Councilor Woodruff said that
some of the decisions were made by the City Council before he or Councilor
Harding were part of the City Council. Councilor Woodruff said if it was just his
personal opinion, he was not in favor in extending Wall Street. He said he thought
Mr. Fields should get a return on his investment for the property. Councilor
Woodruff said the library is the"...living room of Tigard. Itis in a pristine location
and there are a lot of people in the community that are telling us that we need to
maintain the open space, we need to maintain the character of the community,
and that's kind of a special place there at Fanno Creek. I'm not in favor of having
a street go there. I'm not even too much in favor of Phase 1 unless I can be
convinced that will benefit the library to do that. So, that's my personal opinion.
And, I just think that it contributes to what we are being often criticized for, which is
COUNCIL MINUTES—FEBRUARY 15, 2005 page 16
just doing more and more development and taking away from the open space from
the community. So, if there's a way to use that property, to get in through this
other way and that you could get a return on your investment...I'm in favor of that.
I'm even in less favor of this than I was before-- now that we're looking at this
having to be a cul de sac...One of the main reasons that we talked about it was
because of this improved traffic flow and we don't have that unless there is some
kind of conclusion to the railroad crossing. So, that's my opinion, and I don't know
what the official legal requirements are for us to move ahead...If there's no need
for discussion, then why are we discussing?"
Mr. Fields said, "Now,just let me make one point. if you say, 'No, we're not going
to do this now,' you know you're never going to get it. You're never going to
improve it..." Mr. Fields said that it's not Hunziker that's plugged up — it's Hall
Street and 72nd Avenue. Mr. Fields said, "...I know everybody wants a greenway
and that's fine, too. But, now you're talking about rezoning property when you're
doing that."
Councilor Wilson said, "I'm really torn on this one. I've long-agreed with your
proposition that Tigard is as messed up traffic-wise as it is because we have so
few roads across Fanno Creek, the railroad and 217. In fact, I think you can go
from Scholls Ferry to the Tualatin River and only cross nine roads, which makes a
nice greenway, but it's horrendous for traffiic....On the other hand, this is your
private property and if you want to make it happen, you're going to make it happen.
So, I guess I'm a little bit unclear as to the level of participation that you're asking
from us and what the various options are." Councilor Wilson asked if Mr. Fields
needs to acquire property from the City of Tigard or is that portion of Wall Street
already dedicated in front of the library? City Engineer Duenas said it was
dedicated right-of-way for Phase 1, Councilor Wilson said his question is, "At this
point, what do you require of us? ...Do we withdraw the application even from the
railroad...and, I'm not sure what criteria the railroad uses to make their decision,
but it sounds like we don't meet it at this point, and so if that can't go through, it
makes it less interesting. Although, your point that it sets it up for the future is well
taken...I'm still on the fence on this one. But, I think this is the clearest...so far...to
see the whole context. I can see the fact that it does make connections that don't
exist now and could be helpful."
City Engineer Duenas said referred to the controversial Walnut Street Extension,
going up Ash Creek. Councilor Wilson said he expects some opposition and
noted "...that's between several crossings at grade, and they might be less likely to
be opposed to it. And, if we push on this one and we come in with another one a
year later, they will say, 'Well, we already gave you one.'..."
Councilor Harding said without the at-grade crossing, she did not see how it could
be said that this makes the way for the future. She said that"we'd have to have it
so that it actually extends and with that great hope that sometime in the next 20
COUNCIL MINUTES—FEBRUARY 15, 2005 page 17
years or 30 they would redo that intersection at 72nd and 217, but that's kind of
been pushed way out there. At the moment, I can't see where we would totally
improve traffic until...made the changes in that whole section with Dartmouth, 72"d
and 217...When I hear the term 'right of eminent domain' that sounds pretty hefty
to me coming from the railroad. And, we are looking to eliminating grade
crossings, not add them...are we going to spend more money for nothing?"
Mr. Fields said that he would bear the brunt of the cost of an LID. The cost
involved with continuing with the railroad crossing would be a matter of attending
one or two more meetings. He said, "We may be turned down. We may have to
take it to Salem and get some action from there, but that would be at the expense
of the state government...The matter of the LID crossing Fanno Creek and going
up to the railroad, certainly, that's going to be at my expense...the contract that
you and 1 have sets limitations on what you're supposed to spend...I think you've
promised—what goes on from here in the way of construction and so forth, that's
really at my expense. I can't foresee a great deal more..."
City Engineer Duenas said that "part of the expense was doing Hall Boulevard and
the first phase of Wall Street because quite a bit of the'wetlands and the
realignment of Pinebrook Creek is in that 425 feet. Crossing of Fanno Creek is
another challenge, but again the Corps, DSL, and CWS have all issued permits for
the whole thing...it's available to be built."
Mr. Fields said, "...What you're saying is that the bulk of that is going to be at my
expense and not of the city's, am I saying that right?"
City Engineer Duenas said, Correct, but what I am also saying is you could
probably do it cheaper by just picking it up from where we leave off if we do the
first 425 feet. Do it as a developer and build the road up to the tracks and then do
the connection at Milton Court. An LID basically tacks on additional cost, it's just
that you get a chance to prorate it over a ten-year period."
Mr. Wells said, "rest assured, that if I build that street, 1 am not going to build it in
that alignment that sets up for the future. If 1 build that street, that's not an LID, I'm
not going to build it so that it sets up as a cul de sac that will eventually go over the
tracks, because that is a more expensive way to do it. It provides for the future,
but it doesn't do anything for developing that particular tract."
City Engineer Duenas said he thought the most practical way to cross this area
would be to raise the tracks and go under.
Councilor Woodruff asked if this property could be turned into a park? Mr. Fields
said, "No. If you're interested in this, you would be No. 2 in line, because Metro
has already spoken several times, and the answer has been the same...they said
that...in the last two weeks...and they said that ten years ago. I'm not trying to be
COUNCIL MINUTES —FEBRUARY 15, 2005 page 18
bull headed, but as I told them, I don't think they could afford it. And they said,
'Why can't we afford it?' and I said, `Because I'm a tax payer and you can't afford
it.' And, that's not necessarily a laughing matter, but I don't want to give it...to the
Metro group...somewhere you've got to have some tax base in this community
and until you get some business and jobs created, how many thousands of dollars
are you going to lose there in tax revenue for the City? ...From an economic point
of view, I don't think it's very practical, but I guess you are representing the tax
payers and, if you can afford it, then I guess that's ok..."
Councilor Woodruff noted that Councilor Sherwood has some opinions on this
matter as well, but she was not able to be here tonight.
Interim City Manager Prosser said that tonight staff was looking for informal
direction, which would be brought back to the City Council for ratification.
Mayor Dirksen said he personally disliked giving up on the idea of ever having a
rail crossing there and being able to extend Wall Street for a connection in the
Tigard Triangle. For future benefit of the area, he said he thought the City needed
to leave that option open. Mayor Dirksen said he recognized in the short term that
getting that crossing is unlikely; he would be willing to forego that in favor of taking
the Wall Street extension across Fanno Creek to a cul de sac with the thought that
in the future this might be possible. Dartmouth might also be extended. Mayor
Dirksen said with regard to the issue of Mr. Fields' property and his use of it, his
experience has been that increases in revenue from development of property
rarely keep up with the responsibilities that occur from the development. However,
Mayor Dirksen said that"I don't think that we can legally, or even morally for that
matter, deny Mr. Fields the use of his property as he sees fit as long as it is within
the confines of the law. 1 think it would be great if we could turn it into a
greenspace...but, if Mr. Fields wants to develop it, that's his right as a property
owner...I think there would be a problem in developing the property either
industrial or for office if the only access were across Fanno Creek and Hall
Boulevard...The compromise to me that seem logical is to provide that loop that
goes from Hall Boulevard across and then tie into Milton Court. 1 don't even know
whether that's even possible, it depends upon the negotiations with Metro... to
cross that piece of property that they own. As a question, I'm curious, I know that
your property includes some stream side corridor that's not going to be
developable in any case and wondering if Metro would be interested in a transfer
of property to allow you the right of way across the property they currently own in
return for some stream site property of an equal amount, which I think would be
beneficial all concerned." Mr. Wells said the suggested this in their application.
Mayor Dirksen said he would be in favor of withdrawing the crossing application
with the caveat that some day in the future the City would revisit that. He clarified
that he was on Council when the City was negotiating with Mr. Fields for the library
and he said, "1 know that the attitude of Council was for that in consideration in
COUNCIL MINUTES —FEBRUARY 15, 2005 page 19
return for purchasing the property that the City would do everything reasonable to
a point of unreasonableness to see to it to get that access across over to Hunziker
Street and I feel like we are contractually bound to make every effort to do that.
But, recognizing that in the short term that may not be feasible. If Mr. Fields is
willing to consider the alternative and consider that contract by us allowing the
crossing of the creek and then...allowing the connection over to Milton Court, then
I would think that would be your reasonable compromise. But, I feel that
development of the property would need both of those connections to Hall
Boulevard and over to Milton Court..."
City Engineer Duenas said that withdrawing the application at this point does not
prejudice the situation. He said he thought the worse situation was to have the
application denied.
Councilor Woodruff said, "Aside from that decision, I'm not sure what this debate is
about. If it's a done deal. If Mr. Fields can do this without our blessing, or if we've
already obligated that we are going to do this, then what are we making a decision
on to give direction?"
Interim City Manager Prosser summarized the need for City Council direction-on:
1. The withdrawal of the application for the railroad crossing.
2. Whether to work with Mr. Fields to form an LID to finance his portion
of the extension of Wall Street to the cul de sac or whether that
would be his own development. There are two options as to how
and where that street would be developed.
3. Whether the City should go ahead and build the stub of Wall Street
to the end of the City's property.
Mayor Dirksen said that he thought the portion that goes to the creek is needed,
even if nothing else is done. The library and parking lot layout was based on
assuming that would go through. Mayor Dirksen said the other thing was for
access to the apartments to the south—this was to be their primary access. City
Engineer Duenas said that ODOT insisted that the Fanno Pointe driveway on Hall
be closed when the driveway is connected to Wall Street.
In response to a question from Councilor Wilson, City Engineer Duenas said it
would have to be bid out and administered by the City. City Engineer Duenas
confirmed that the extension would be more expensive if constructed through an
LID. There was discussion on whether it would be better to form an LID or to have
the developer construct privately. Mayor Dirksen said if it wasn't constructed
through the use of an LID, then the City would give up the right to dictate the right
of way to the point of where it would be useful for a future crossing for a
connection to Hunziker. Interim City Manager Prosser said the advantage of an
LID to the property owner is that it would provide access to lower-cost financing
COUNCIL MINUTES —FEBRUARY 15, 2005 page 20
because the City would issue tax-exempt bonds to help finance his portion and this
would probably be lower-interest costs than he could get on his own.
Mr. Fields said that, "When we negotiated the library transaction, this was an
obligation. Now, to withdraw that application for the railroad crossing at this point
in time, I think that they would look upon that as 'well, they just gave up,' and the
next time it comes up they'll just rubber stamp it and say, 'well, it'll go so far and
they'll give up again.' I don't like the idea of giving up on that crossing. I'd like to
pursue if through in Salem in whatever way we can to try to secure that now.
Because, I think we have maybe some friendly people there now, but we have no
way of knowing what we're going to get at some later point. Now, to go back, I
want to be just about as straightforward as you have been, in that had I known that
we were going to come to this point three years ago, 1 would not have sold the City
the property for the library. I would not have done it. Everyone knows it was never
for sale and the property behind has never been for sale...I don't mean to be
objectionable, but my point is that we faced this whole thing three years ago and
here we are facing it again..."
In response to a question from Councilor Wilson, City Engineer Duenas explained
that the City applied for a crossing permit, which was contested by Portland
Western. When there is a contested application, it goes to a hearing. Mr. Duenas
said he thinks the railroad will show it will be hampered by this crossing. The
reason the railroad objects is because they do they are switching at this location
and the railroad says it needs one mile of track. Mayor Dirksen said he thinks this
is a bad argument that the railroad is not entitled to. He said that when;the railroad
was given that right of way, it was to use as travel right of way. This is not a
switching yard and they should have no reasonable expectation to use it as such.
City Engineer Duenas said there is a spur track for which Union Pacific has the
easement rights. It is not being used for anything other than for parking some
dilapidated cars. But, they won't give it up because they have it and they don't
have to give it up.
Interim City Manager Prosser asked the City Engineer about the process to pursue
the application for the crossing — how much time? City Engineer Duenas advised
there is a prehearing meeting scheduled for April 15 and an issue will be the spur
track that is in the way and what will be done to resolve that issue. There will need
to be a realignment away from the spur track, which will be more expense and the
issue will not be solved as to whether or not a crossing will be allowed. City
Engineer Duenas said there would be no point of going through the exercise of
realigning the road to avoid the spur track.
Mr. Fields asked if pursuing the application for the crossing would involve a lot of
City money. City Engineer Duenas said yes it would—the City Attorney is the
representative for the City. City Engineer Duenas said the City has gone through
COUNCIL MINUTES—FEBRUARY 15, 2005 page 21
a lot of process up until now submitting and reviewing documents. If a study is
needed to realign the road, this will mean more expense.
Mayor Dirksen commented that is part of the concern. If the City continues to
move forward, the City is incurring continual expense. He said, "It's hard to justify,
not seeing a favorable outcome...If there was a reasonable expectation that we
would be successful..."
Mr. Fields said, "Let's look at it—three years ago, we knew it was going to be
difficult. We didn't anticipate that it was going to be a slam-dunk by any
stretch...so, nothing has really changed."
Mayor Dirksen said that when he saw the presentation tonight showing the street
dead-ending at the tracks, he thought Mr. Fields was considering this as an option
—that Mr. Fields was bringing this to the City Council as a possible alternative.
Mr. Fields said, "But if you run it up to the tracks and then you divert a road down
to Milton Court, that solves the practical problems..."
Mayor Dirksen said, "So, what you are suggesting that we do both...we do the
development up to this point as such, but continue to pursue the crossing as well
to its logical conclusion." Mr. Field said "yes." Mayor Dirksen said that "having
been involved in originally in the contract with the library site...he feels we are
contractually obligated to do so."
Councilor Woodruff said "if that's the case, let's just move on..."
Mr. Fields said "These are hard decisions to make and I still feel, and I may be
wrong, but you've got traffic studies and everything else that support this...but you
still need that crossing..."
Councilor Harding said "but...until the rest of that is done, it's going to add to the
traffic..."
Mayor Dirksen said "You do what you can now, and you make sure that everything
that you do is directed toward what needs to be done completely in the long run."
Councilor Harding said "That's why you need to look at the infrastructure; if they
won't do grade crossings, then you look at the prospect of a bridge...but you say
that's too expensive."
Mr. Fields said that "...my point on that one is...we've got so much allocated to
make that railroad crossing —that's pretty expensive. Now, to elevate it or
to...underground, we might be able to get the state to pick up that tab. I think
COUNCIL MINUTES —FEBRUARY 15, 2005 page 22
there's a good possibility of that happening...this is the time to do it because they
say they've got $500 million to enhance or develop..."
Councilor Harding commented she was wondering what the library was really
costing the tax payers. She also questioned the amount of taxes paid by Mr.
Fields in the last 40 years on the vacant land —she did not think it has been
excessive. Mr. Fields noted taxes have been $100,000 a year on the vacant
property.
Councilor Wilson said Mr. Fields is going to develop his property one way or
another. The real issue is to what extent is the City going to participate. He asked
if there was a way to work with Mr. Fields to develop a "win/win?"
Mr. Fields said, "...it seems that the City has spent 95% of what they had to spend
to make this thing..." Mayor Dirksen asked if this could be confirmed? City
Engineer Duenas responded that "we have done 60% of the design all of the way
to Hunziker; we've done 100% of the design up to 425 feet. So, the LID would
pick up any additional costs if we go beyond that point." Mayor Dirksen asked
about the legal requirements of pursuing the crossing. How much more is that
likely to cost the City? City Engineer Duenas responded that there would probably
be another prehearing meeting and then the actual hearing.
Councilor Wilson asked for clarification and said, "there's nothing we can do to
prevent Mr. Fields from building a bridge across Fanno Creek?" City Engineer
Duenas responded that "He can if he wants to." Councilor Wilson said, "Right,
he's got the permits, if he wants to spend the money, he can do it, right?" City
Engineer Duenas said, "Right."
Councilor Woodruff said the only choice for the City is whether we do Phase 1. He
noted a bridge wouldn't do any good unless Phase 1 is completed.
City Engineer Duenas noted Phase 1 provides access for the library and allows for
expansion of the parking lot.
Mayor Dirksen said it was his recommendation to move forward to Phase 1, which
is a City project.
Mayor Dirksen said he didn't feel the City could withdraw the railroad application.
Councilor Woodruff said if this is part of the good faith effort, then he agreed the
application should not be withdrawn.
Mr. Fields said he thought this had been discussed and decided upon three years
ago. He acknowledged this will be controversial.
COUNCIL MINUTES —FEBRUARY 15, 2005 page 23
Councilor Woodruff said he told the voters when he ran for office that he was not
in favor of this extension. He said, "I am going to have to stick with the position
that 1 had."
Mayor Dirksen said that in order to get a clear direction, this will need to come
back to the City Council.
Interim City Manager Prosser said this will be rescheduled for a business meeting.
He said if this item doesn't get scheduled on a Council agenda before the April 15
prehearing meeting, then he would assume the City would attend the prehearing.
City Engineer Duenas said that "Right now Phase 1 and the signalization is a City
project...it's moving ahead. I'm just putting everything on the table so we can get
some direction to stop it or continue it as a project."
Mayor Dirksen said, "At this point 1 don't hear a clear consensus around this table
without a formal vote."
5. STRATEGIC FINANCE PLAN DISCUSSION
This agenda item will be rescheduled to a future meeting.
6. COUNCIL LIAISON REPORTS: None.
7. NON AGENDA ITEMS
Administrative Items—The following items were reviewed briefly by Interim City
Manager Prosser:
■ Council Mail Delivery— mail will be held and delivered as part
of the Friday newsletter and when agendas are distributed.
The first packet of the month will be delivered by the Police
Department as has been the past practice.
■ March 1 Draft Agenda was approved by the City Council
■ Council Calendar:
• February 21: President's Day Holiday— City Hall
Closed, Library Open
• February 22: Council Business Meeting — 6:30
p.m. —Town Hall
• February 28: Capital Improvement Program Tour 3-5
p.m.; Meet in the Permit Center Lobby
• March 1: Special Council Meeting — 6:30 p.m. —Town
Hall
COUNCIL MINUTES—FEBRUARY 15, 2005 page 24
• March 8: Council Business Meeting 6:30 p.m. —
Town Hall
8. EXECUTIVE SESSION: Not held.
9. ADJOURNMENT: 10:03 p.m.
� 1
Catherine Wheatley, City Recorder
Attest:
Mayo , Ci
ty
of Tigard
Date:
1 A9dmicalhylccm12au5W50215.doe
COUNCIL MINUTES—FEBRUARY 15, 2005 page 25