City Council Minutes - 05/13/2008 Agenda Item No. L/- /- -L
Council Meeting of `1 I aZ I DZ
City of Tigard
Tigard Business Meeting — Minutes
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE: May 13, 2008
MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
Track 2
• STUDY SESSION
Mayor Dirksen called the meeting to order at 6:30 p.m.
Roll call:
Name Present Absent
Mayor Dirksen ✓
Councilor Buchner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
Staff present: City Manager Prosser, Community Development Director Coffee, Human Resources Director
Zodrow,Public Works Director Koellermcier, Police Chief Dickinson,Arborist Prager, City Engineer Duenas, and
City Recorder Wheatley.
Administrative Items:
o Council received testimony dated May 13 2008 from Mr. John crewing for Agenda Item No. 7 — Appeal of
Director's Interpretation of the Tree Plan Requirement
o Council received a May 13 memorandum from City Engineer Duenas and Assistant Community Development
Director Bunch regarding Highway 99W Corridor Improvement and Management Plan
o Council received a draft letter prepared by Mayor Dirksen regarding Ethics Laws and updated draft resolution
to the City Council.
o City Manager Prosser reminded the City Council of their training session on Saturday.
City Manager Prosser read the following:
• EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:33 p.m. under ORS
192.660(2) (d), (e) and (h), to discuss labor negotiations, real property transaction negotiations and pending
litigation. He noted the Executive Session might continue after the business meeting due to the number of
topics for City Council review.
Executive Session concluded: 7:21 p.m.
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1. BUSINESS MEETING
1.1 Mayor Dirksen called the meeting to order at 7:31:55 PM
1.2 Roll Call:
Name Present Absent
Mayor Dirksen ✓
Councilor Buehner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
1.3 Pledge of Allegiance
1.4 Council Communications&Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items: None
7:32:-16 I'M
2. PROCLAMATION
Mayor Dirksen proclaimed May 18-24,2008, as Emergency Medical Services Week
7:1.1:01 1'M
3. CITIZEN COMMUNICATION (Two Minutes or Less,Please)
• Tigard High School Student Envoy Megan Foltz presented a report on recent activities at Tigard High
School. A copy of her report is on file in the City Recorder's office. Ms. Foltz introduced Alexa
Kanbergs who will be the Tigard High School Student Envoy to the City Council next school year.
• City Council considered a resolution to: Arknmvledge and Conmrend Megan EoltZfor Her Efforts as the Tigard
high School Student Envoy to the City of Tigard—Resolution No. 08-21
Motion by Councilor Sherwood, seconded by Councilor Buehner, to adopt Resolution No. 08-21.
The motion was approved by a unanimous vote of City Council present:
Mayor Dirksen Yes
Councilor Buehner Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Councilor Woodniff Yes
• Pavel Gober an, P O Box 1664, Beaverton, OR 97075 distributed a letter to the City Council. Mr.
Gobermnn reviewed the message in his letter. He said he is a candidate for the US Senate. He also
reviewed his concerns about the media coverage for his campaign and about how the media reports
news to citizens. A copy of Mr. Gobcrman's letter is on file in the City Recorder's office. Mayor
Dirksen asked City Attorney Ramis if there were any legal issues with regard to Mr. Goberman's
testimony. City Attorney Ramis said there were no issues over which the City of Tigard had
jurisdiction.
• Joseph Bowder of Metro West Ambulance spoke to the City Council about the service provided by
Metro West. He presented the City Council with a plaque acknowledging the City of Tigard's support
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and invited the Council members to an upcoming barbeque celebrating Metro West's 55"' Anniversary
on Wednesday, May 21, 2008. Mayor Dirksen expressed appreciation for the service provided by the
paramedics of Metro West.
7:437.17 PM
• Walt VanRheen, 8265 SW Cascade Avenue, Beaverton, OR 97008 reported he has learned that
Washington County has determined that the Barrows Road Bridge cannot sustain any further growth.
At this point, the County plans to shut down the bridge as soon as possible. Doing so will dramatically
impact 135"i Avenue and it will not be able to support the resulting increased traffic. He said he hoped
the City Council might have some influence to request that Washington County impose some weight
restrictions until the City of Beaverton can complete the Davies Road extension.
Mayor Dirksen advised Mr. VanRheen that the City Council was informed of the imminent bridge
closure last week. Mayor Dirksen said the bridge has deteriorated and it either needs to be replaced or
closed. The cities of Tigard and Beaverton are discussing this with Washington County to determine
what alternatives might be possible.
7:46:21 rU
Mayor Dirksen reviewed the Consent Agenda:
4. CONSENT AGENDA:
4.1 Approve City Council Minutes for February 12 and 26,2008
4.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
4.3 Approve Senior Center Remodel Grant Agreement
4.4 Approve Budget Amendment #14 to Increase Appropriations in the Facilities Fund Budget to Reflect
Additional Costs Associated with the Tigard Senior Center Remodel Project—Resolution No. 08-22
A RESOLUTION APPROVING BUDGET AMENDMENT #14 TO THE FY 2007-08 BUDGET
TO INCREASE APPROPRIATIONS IN THE FACILITIES FUND BUDGET TO REFLECT
ADDITIONAL COSTS ASSOCIATED WITH THE TIGARD SENIOR CENTER REMODEL
PROJECT
Motion by Councilor Woodruff, seconded by Councilor Buchner,to approve the Consent Agenda.
The motion was approved by a unanimous vote of City Council present:
Mayor Dirksen Yes
Cowlci-lor Buelmer Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
7:-163-1 RN1
5. HONOR TIGARD HIGH SCHOOL TIGERETTES DANCE TEAM FOR WINNING 2008 OREGON
SCHOOL ACTIVITIES ASSOCIATION (OSAA) DANCE/DRILL STATE CHAMPIONSHIP
Dance/Drill Team Coach Linda Sheron presented the City Council with a photograph of the team. She
complimented the members of the team who excel not only as dancers but also academically. The Mayor
presented team members with a City of Tigard logo pin and congratulated them on their outstanding
achievement Councilor Sherwood commented on the number of hours of work and the physical fitness of
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these team members; she said she did not think people realized the amount of time and dedication it takes to
reach this level of achievement. The photograph presented tonight will be displayed in the City Hall lobby.
7:50:11)P\1
6. FRIENDS OF THE REFUGE AWARD TO THE CITY OF TIGARD
Associate Planner Roberts introduced Becky Long representing the Friends of the Tualatin River Wildlife
Refuge. Ms. Long presented a wood carving of a heron as an expression of appreciation for the City of
Tigard's recent donation for the Grand Opening and also the recent Dedication Ceremony (March 29, 2008).
There were more than 600 visitors to the Center on the day of the Dedication. Mayor Dirksen noted he was a
member of die Friends of Refuge.
7:53:x2 I'Nl
7. QUASI-JUDICIAL PUBLIC HEARING — APPEAL OF DIRECTOR'S INTERPRETATION OF THE
TREE PLAN REQUIREMENT—DEVELOPMENT CODE CHATER 18.790.030 (MIS2008-00005)
a. Mayor Dirksen opened the public hearing.
7:53:22 PM
b. City Attorney Ramis reviewed the procedures for the hearing.
C. Declarations or Challenges:
• Exparte Contact: Councilor Bueluler advised that in her law practice she represents developers
who are members of the Homebuilders Association, but she has had not contact with anyone
regarding this specific issue.
• All City Council members indicated they were familiar with the application.
• There were no challenges from the audience pertaining to the Council's jurisdiction to hear this
matter not was there a challenge on the participation of any members of the Council.
7:57:0.1 i'AI
d. Community Development Director Coffee presented the staff report. Also present was City
Arborist Prager. Community Development Director Coffee reviewed the elements of the Director's
Interpretation; a copy of the staff report is on file in the City Recorder's office.
Councilor Buehner asked if the intent of the interpretation was to try to clarify the current code so
developers would know what was expected. Community Development Director Coffee replied that
this was the intent. At this time the Code requires a tree protection plan and states that
protection/preservation of trees is preferred over removal; however, die Code does not indicate
what factors to consider in this judgment. This judgment can now be made by the applicant without
indicating the extent to which that was considered. The interpretation was an attempt to specify
criteria so staff can evaluate whether protection/preservation has been sincerely looked at over
removal.
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H:I111:09 P\1
C. Public Testimony
Appellant:
)un McCauley testified as a representative of the Portland Metro Homebuilders Association, which
is the listed appellant in this appeal before the City Council. Mr. McCauley presented a letter dated
May 13, 2008. Highlights of his remarks are as follows:
• Purpose of appeal: The Director's Interpretation has gone beyond the overall intent and
practical application of Tigard's tree protection standards elevating tree protection well above
the appropriate trigger for a Type 3 application process.
• The Director's Interpretation uses the mere existence of a tree, regardless of importance or
significance, as a catalyst to dump development applications with trees on site into the Type 3
process.
• There is sufficient basis to request that the City Council dismiss the Director's Interpretation
and grant the appeal request.
• Mr. McCauley then reviewed the contents of his May 13, 2008, letter; a copy of which is on file
in the City Recorder's office.
8:00:•19 P\I
Council discussed the concerns of the Homebuilders Association with Mr. McCauley. Highlights of
the topics of discussion follow:
• Councilor Buchner asked where and how is a determination whether any specific tree should be
retained on a development site. Mr. McCauley said the interpretation does not speak to a
specific tree or a number of trees. There are ten approval criteria created with the Director's
Interpretation. Nine out of the ten criteria have a standard that is in place maximizing tree
retention. This is a step well beyond what is currently in the Code. Mr. McCauley said a
different process was needed.
• Mr. McCauley responded to a question from Councilor Wilson and confirmed that a Type 3
process was applied automatically because it is discretionary. Councilor Wilson followed up by
asking if it would not be possible to file a Type 2 application by answering the 10 questions and
negotiating with staff. Mr. McCauley said that this was correct.
• Councilor Woodruff asked if the primary concern was related to the process or to the outcome.
Mr. McCauley advised that if this was done in a different process, they would participate as it
would be an open forum with discussion and participation from the HBA and the Planning
Commission.
• In response to Mayor Dirksen's question, staff confirmed that they had not seen the prepared
statement presented by Mr. McCauley tonight.
• City Attorney Ramis asked for some clarification. He noted that on the first page of the letter
presented by Mr. McCauley, there is an argument that the process is defective because it allows
the Planning Director to operate without proper oversight. City Attorney Ramis asked what
there was about the public hearing and the Council's ultimate decision-making authority that was
deficient as to proper oversight. Mr. McCauley advised the intent of his comment with regard to
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proper oversight is that this a step process. If the Director wants to make an interpretation, it
must be compelled an application. I£ the Director or a third party wants to submit an
application to trigger this step, that could be done. Mr. McCauley said that the oversight in an
application process gives the City Council the opportunity to see the application. Without the
application, the Director is free to be judge and jury. City Attorney Ramis asked if there was
some kind of oversight, other than an appeal to the City Council with an opportunity to
completely overturn or change the decision of the Planning Director that Mr. McCauley would
consider to be adequate. City Attorney Ramis asserted that this is the opportunity for oversight;
this is the body that will decide the interpretation. Is there some other body that should be
exercising oversight? Mr. McCauley said, "No."
• Paul Goberman had signed up to speak but was not present.
• John Frewing, 7110 SW Lola Lane,Tigard, OR said he thought the appeal should be denied. He
made remarks supporting his position referring to a memorandum he prepared; a copy of the
memorandum is on file in the City Recorder's office.
H:10:37 PiI
• Phil Grillo, Land Use Attorney, Miller Nash, 111 SW Fifth Avenue, Portland OR 97204, advised
he was present tonight on his own behalf. He said he had discussions with members of the
HBA. He said he supported the HBA appeal. Mr. Grillo presented a letter outlining his inain
points; a copy of this letter is on file in the City Recorder's office.
Mr. Grillo referred to earlier questioning by City Attorney Ramis regarding whether there was
additional process that needed to occur other than being before die City Council. He said it is
important to recognize die burden of proof. With an applicant in a quasi-judicial proceeding,
die applicant carries the burden of proof. He questioned who was the applicant in this case? It
is not the Homebuilders as they did not request the interpretation. As far as it is known, no one
requested an interpretation. Therefore, the City Council does not know who has the burden of
proof. Determining who has the burden of proof is a fundamental issue in deciding a quasi-
judicial case.
8:25:0-1 I'M
Mr. Grillo commented on earlier testimony and email from Mr. Frewing. One of the comments
was a concern about this appeal being untimely. Mr. Grillo cited Community Development
Code Chapter 18.340.020(d) and (e). The appeal period is within 14 days after the interpretation
was mailed to the applicant. Who is the applicant? When was the decision mailed to the
applicant? Mr. Grillo said it appears that the Planning Director was, in essence, the applicant
even though he did not file an application. It is awkward to try to determine when the 14-day
period began. Mr. Grillo said he thought the Planning Director rightfully recognized that issue
during the process and tried to clarify what he believed to be the appeal period in this situation.
Mr. Grillo said he thought the appeal was timely filed.
Mr. Grillo commented on Mr. Frewing's argument regarding the ten factors that the Planning
Director set out in the interpretation and that these factors should be considered approval
criteria. It appears that the criteria have been stylized as application requirements; however, the
line between application requirements and approval criterion can get "fairly fuzzy." The
interpretation goes too far. It takes a standard that is expressed as a preference, makes that the
policy choice and then tries to implement that policy choice by adding ten new approval
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criterion that are arguably also application requirements. This totally changes the standard in
terms of the tree plans in the City of Tigard. This conversation would be legitimate as a Type 4
legislative process.
8:29:37 1>>1
Mr. Grillo referred to Type 2 and 3 processes. The issue here is with regard to needed housing.
Under state statute there needs to be a clear path for decisions to be made for approving needed
housing that does not involve discretionary criteria.
8-31,00 PA[
Councilor Buehner advised Mr. Grillo that she would find the interpretation to present helpful
information to advise her clients and how to approach an application. She said she is having
problems understanding how criterion has been created. She sees them as suggestions about
how to present the application.
811:52 PAI
Councilor Buehner said the information was sent out to the HBA for comment; none was
received. She asked why they did not comment then. Councilor Buehner referred to different
roles between the Hearings Officer and the Planning Director. She cited the Cushman decision
noted in Mr. Grillo's letter,which appears not to apply here.
8:3328 PAI
Mr. McCauley responded to comments and testimony. The HBA did have verbal as well as e-
mail correspondence with the Planning Director when they got word that this notice came out.
The notice did not come directly to HBA staff; they received it from their members. From the
standpoint of timeliness, Mr. McCauley advised they followed the Planning Director's advice.
Mr. McCauley said HBA did not submit any formal response when the interpretation was issue;
however, they had verbal conversations with the Planning Director. The appeal came at no
surprise to the Planning Director.
8:9.1:49 PPI
Mr. Frewing said the appellant stated there is no requirement in die Code to maximize the
savings of viable trees. Mr. Frewing referred to his written comments; he said there are
references in the Code.
Mr. Frewing said that with regard to Type 2 or 3 decisions, even if one were to conclude that
these are not cleat and objective criteria, but are discretionary, such discretionary criteria are
allowed in Type 2 procedures (18.390.020 b 2).
8:35:47 NAI
Mayor Dirksen asked for confirmation from the staff and city attorney that there is need for
response to the points put forth in all of the testimony. City Attorney Ramis advised that given
the material that has been presented and the able representation on both sides of the issues
along with the new arguments raised, that the Planning Director ought to have the opportunity
to consider this information. City Attorney Ramis gave an opinion that there is an open
question about what LUBA would do in a case such as this. Our facts are somewhat different
than the case referred to in earlier testimony. The question is whether or not those facts would
make a difference. He said he thought Mr. McCauley was correct in characterizing the facts in
the other case as one where there was no oversight over the Hearings Officer. The Hearings
Officer decision was final,which was then appealed to LUBA. It did not go through the elected
officials who adopted the Code. Also in that case, the power to make interpretation was vested
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I
in the Planning Director, not in the Hearings Officer who actually made the decision. Here, we
have the power vested in die Planning Director subject to the City Council's review; this is also a
difference. City Attorney Ramis said, "We are all guessing a little bit about which way LUBA
would come out on that." He agreed with Mr. Grillo that all decisions of this type are at risk in
this context;however,it is difficult to say how LUBA would actually decide.
8:37:56 I'M
Community Development Director Coffee said he appreciated City Attorney Ratnis's advice and
that it would be appropriate to close the hearing and continue to another date the response froin
staff. He clarified dint the term "Planning Director" had been used throughout testimony; it
should be"Community Development Director."
A38`18 PNI
C. Mayor Dirksen recommended this be continued the hearing and to allow for consideration of the
issue and meet again to study findings.
After discussion, City Council consensus was that the points have been clearly articulated and the
public hearing should be closed and left open only for City Council review and deliberation.
8:39T)PAI
Mayor Dirksen closed the public hearing. The City Council review and deliberation was scheduled
for the City Council meeting of June 10, 2008.
City Council meeting recessed: 8:41:30 PM
City Council meeting reconvened: 8:49:47 PM
8:49:41)11M
8. UPDATE ON THE I-5 TO 99W CONNECTOR PROJECT
City Engineer Duenas introduced this agenda item. He advised this project has been on die Council goals
for at least the last couple of years. The last update on the project was in August 2007. City Engineer
Duenas introduced Lawrence O'Dell who is the Assistant Director of the Department of Land Use and
Transportation; Russ Knoebel the Washington County Principal Engineer. Also present were two project
consultants: Scott Richman and Jim Evans.
Mr. O'Dell presented the update; highlights are contained on a PowerPoint presentation, which is on file in
the City Recorder's office.
Desired outcomes:
More efficient travel in the study area
Viable town center protections
Mobility improvements
Freight improvements
Reduced traffic
Nothing has changed since the beginning of the process. Mr. O'Dell said this project has come a long way.
About 1-1/2 years ago, there were more than 230 scenarios on how to deal with the issue. He referred to
the public process to narrow the alternatives down to three. These are physical highway connector
alternatives. There are three other process alternatives.
9:5-1:01 I'M
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The Alternative Analysis Report will be released this week for public review and comment. After the
process is complete, they will look for an amendment to the Regional Transportation Plan and if that occurs
the design level will come next.
8:5i-3i I'M
Mr. Lawrence reviewed the range of alternatives within the identified study area; these are illustrated in the
PowerPoint presentation.
How to fund remains a question for all alternatives. All of the alternatives are estimated at about $1 billion
(high end). Mr. O'Dell said in his opinion, tolling will be a requirement. Option 6 would lend itself to
tolling more than the other two options.
9:05:12 rent
Mr. O'Dell referred to population projections as part of die process. They are using 2030 population
projections now. When they get to the design-level EIS phase, they will be using 2035 or 2040 projections.
He said all of the alternatives have the same controlled access points using auxiliary lanes to I-5. The cost to
the overall project for these auxiliary lanes is about 34-36 percent of the entire cost. He said that
Washington County officials are not convinced that this magnitude is necessary; but, at this stage, it
represents a worst-case picture. While inappropriate, there have been some actions to take the directional,
auxiliary lane representation and overlay it along I-5 and extrapolate that to a much larger cost impact to the
project. Mr. O'Dell said it is inappropriate since the illustration at this time is only representing what the
access points would be.
Mr. O'Dell discussed considerations as to whether the connector should be designed as a parkway or an
expressway.
Councilor Buchner advised she recently viewed a design that allowed people to get on and off buses in the
middle of the section of the freeway. Has this been considered as a possibility? Mr. O'Dell said this would
be a great thing to put in die mix and consider as the design activities are discussed. At this time, design-
level issues are not being discussed, but they are looking at where the corridor will go and what are the
major environmental and other issues that need to be dealt with. What Councilor Buchner suggests might
be a good option. The connector will be a limited access highway, two lanes in each direction, and likely
designed as something less than an expressway.
Mr. O'Dell reviewed the project benefits for Tigard:
• No direct project construction costs because Tigard is located just north of the project area.
• Alternatives 3 through 6 will reduce the traffic during the 2030 peak hours 2-300 vehicles and
large truck traffic up to 200 on Highway 99 in Tigard.
Alternatives 3 through 6 will reduce the total traffic during the 2030 peak hours 3-400 vehicles
and large truck traffic about 100-130 on Durham Road.
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9:13:54 PRI
Mr. O'Dell referred to the next steps and these are listed in the PowerPoint presentation.
The public process coming up will be the time for the City of Tigard and other communities to give their
views on the alternatives and proposals.
9:15;3 Pn1
Councilor Buchner asked when this would be presented to JPACT. Mr. O'Dell advised that JPACT will be
a part of the RTP amendment process. Once that is done it goes into the design level and EIS process,
which is hoped to occur in 2009. This summer they want to get the alternative analysis approved and out
for public comment. The challenge is that this is a tier-one process being emulated and not a tier two; there
is a tendency for project concept proponents and opponents to look for more detail in the process than
what exists for a tier-one level. They do want to provide some level of detail, but it is not intended to get to
the point where the connector itself is designed. The analysis report to be released looks to identify what
potential impacts are. In any of this process until you get to the design level, you cannot identify each
impact. Mr. O'Dell said he was optimistic that they would have something from the project steering
committee to ask the public for comments.
9:17:28 PRI
Mr. O'Dell noted his appreciation of City Engineer Duenas who has been sitting on the Executive
Management Team giving input and has representing City of Tigard's interests.
9:17:48 1I1
Councilor Buchner asked when would there be some design to review and after the design how long will
review process take. Finally, when would the construction start? Mr. O'Dell said this will be a long, phased
project. Chair Brian has traveled to Washington D.C. on several occasions and will be going again the first
week of June to look for funds for this project. The timeline is for:
• An RTP amendment in September
• An EIS draft process toward the end of 2008
• When the EIS is through, then likely there will be details of the design level process (2009)
• Construction will occur in phases within a couple of years,if not sooner
• The completed,phased connector project will take from 10 to 15 years
The connector will be a package of projects. Some of the packages will likely be started in 2010 or 2011.
However, Mr. O'Dell cautioned that the longer the project takes, the more expensive it will become.
Purchase costs for right-of-way increase as time goes by. The estimate for the connector about 1-1/2 years
ago was $300-400 million. The connector estimate has been raised to $700 million and if the 1-5 access
points occur, this will be another $330 million. The connector right-of-way needs to be designated to begin
reserving and buying the right of way.
9:21:07 PRS
9. CONSIDER AMENDMENTS TO THE COMPREHENSIVE AND TRANSPORTATION SYSTEM
PLANS TO INCORPORATE THE RECOMMENDATIONS OF THE TIGARD 99W
IMPROVEMENT AND MANAGEMENT PLAN AND RELATED POLICY AND ACTION
MEASURE PROPOSALS OF THE PROJECT'S CITIZEN ADVISORY COMMITTEE (CAC)
Assistant Community Development Director Bunch reviewed this agenda item noting staff was asking the City
Council to initiate a Comprehensive Plan amendment to incorporate the recommendations of the Highway
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99W Improvement and Management Plan. Assistant Community Development Director Bunch overviewed
the process. A copy of the staff report is on file in the City Recorder's office.
Oregon Department of Transportation reviewed Tigard's model for the Plan and determined it was credible.
The City received ODOT's permission to proceed. During this time there were refinements to the
Hall/Greenberg intersection and modifications to the plan and costs.
The staff was before the City Council to ask them to direct the Planning Commission to initiate changes to the
Transportation System Plan and the Comprehensive Plan to evaluate the proposal and recommend to the City
Council whether or not to adopt the recommendations or to change them.
Assistant Community Development Director Bunch referred to concerns previously raised by Councilor
Wilson. Brief responses to these concerns were provided in a memorandum from City Engineer Duenas; a
copy of this memorandum is on file in the City Recorder's office. Assistant Community Development
Director Bunch suggested staff could respond more definitively to these concerns through the evaluations
and findings of the Comprehensive Plan amendment process. Assistant Community Development Director
Bunch stressed that tonight the City Council is not being asked to approve the 99W plan or even to endorse
all of it; the request is for the initiation of dee plan amendment. City Council can reserve its final decision
until after the public hearing when the City Council considers the Planning Commission's recommendation.
Assistant Community Development Director Bunch said because of all the activity in the region, it is
important that die City Council initiate the amendment process due to timing. For example, Metro is
working on the Regional Transportation Plan now and this will be the basis for regional funding. The City
has expressed the view that 99W should be a candidate for future light rail. We have been involved in some
regional discussions about light rail and rapid transit issues. The key to success will be clear, coordinated
policy decisions involving the state highway system, 99W. Our light rail promotion effort should include a
land use evaluation proposal. It is important to the staff to identify the policy issues in a timely way so they
can begin to evaluate what it will take to create a transit-friendly environment from a land use perspective
on this major transportation corridor.
9:'17:-17 I'M
Assistant Community Development Director Bunch said the City is poised to update its Transportation
System Plan; staff wants to have these completed within 18 months. Part of this effort will include an
evaluation of the transportation issues affecting die Tigard Triangle. To complete the Transportation
System Plan on schedule and resolve questions, staff also needs to have clear policy direction on 99W.
9:28:�2 PLNI
Assistant Community Development Director Bunch summarized that staff would like the City Council to
initiate the Plan amendment and have staff and the Planning Commission address Councilor Wilson's issues
and any other issues the City Council might have.
'J:29:;8 I'M
City Engineer Duenas added that Oregon Department of Transportation looked at the model dint Tigard's
consultant, DKS, used for 99W and concluded that they would accept either a five- or seven-lane section.
He said he thought this was part of the issue that was brought up by Councilor Wilson. The main
difference would be that the queues on the side streets would be longer with a five-lane section. City
Engineer Duenas referred to his memorandum and advised that the Plan calls for intersection
improvements and transitions, which in the case of Greenberg Road, Hall Boulevard, and the 217
Interchange, blend into a seven-lane section. Therefore the result is a seven-lane section primarily because
the intersections are so close together. Further up, there is the same issue from 68°i Avenue to the I-5
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Interchange;in between there is a capacity and a five-lane section should suffice. It's possible that as part of
the process, we will find out that the Plan achieves the goals without widening areas where it is not needed.
Or,we might find that a seven-lane section is what we should construct.
9:30:07]IM
Mayor Dirksen commented that what is before the City Council is essentially a draft with which to begin the
review and public hearing process. City Engineer Duenas confirmed this statement.
9:30:13 PAi
Mayor Dirksen asked Councilor Wilson if he had a chance to look at some of the staffs response to his
concerns. Councilor Wilson said he has looked at the response briefly. He said he was not advocating for
seven lanes; he wants to make sure that if we go from die previously recommended seven lanes to five that
we do not have negative impacts. Councilor Wilson said he is particularly concerned about the Tigard
Triangle and the development that has occurred and could occur since the "up zone." We are "not
prepared to deal with that." He wanted to make sure that whatever we do, it allows the Tigard Triangle to
develop as it was intended. Even looking to the future as we are updating our Comprehensive Plan and
zoning to follow, he said he thinks the market wants to go even denser; this a good thing for this location.
He doesn't want to take action that would preclude this. The Transportation System Plan didn't seem to
indicate recognition of an alternative to seven lanes;we need to look at this carefully.
Councilor Wilson noted another concern that needs to be reviewed. He said he did not think there has
been enough study of the Walnut to Hunziker connection because it hasn't been funded. Since 2002, this
was identified as a helpful project. He said he doesn't know if this can be funded, but we might find this is
even better and cheaper. Both the TSP and the 99W report mention this connection has having benefits to
the intersection of 99W near downtown, die Tigard Triangle, and helps the Downtown Improvement Plan.
We would be remiss if we did not find some way to do some analysis and push hard to get the connection
into the Regional Transportation Plan. City Engineer Duenas suggested that, as part of Tigard's
Transportation System Plan update, this corridor be specifically reviewed and either validated or eliminated.
With the City Council's direction, this could be part of the review. To place it on the RTP, some choices
will have to be made because there is a limited amount of money and if this was placed on the RTP,
something else will have to be removed.
Mayor Dirksen referred to the 99W study and the choices that will have to be made with regard to the
Tigard Triangle, and said he assumed that we would have to consider what other upgrades will be
anticipated for 72"' Avenue as well as the effects of the Hunziker connection. City Engineer Duenas
commented that the Tigard Triangle has some serious challenges with the 217 Interchange at 72"`' Avenue.
He understands Councilor Wilson's concerns that if the Triangle cannot develop, then there is basically a
moratorium on development for this area. If there is another major development in this area, it will
generate the traffic that will force a decision. The TSP is one way to focus on the Tigard Triangle and the
Walnut Street extension.
9,6`15 PSI
In response to a question from Councilor Sherwood, City Engineer Duenas confirmed that the Walnut
Street extension would require another rail crossing at Ash Avenue, which is being sought as part of the
downtown circulation. Councilor Sherwood referred to controversy of limiting access on 99W, however, she
thinks the Hunziker/Walnut extension is much more controversial than limited access on 99W.
9:37:(1)PM
Mayor Dirksen recommended that the City Council make a motion to approve going forward with the
process with the information presented. He suggested that the City Council include the draft study, the
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recommended amendments from the Citizen Advisory Committee, and Councilor Wilson's comments to be
considered during the review process by the Planning Commission.
9:37:37 PN
Councilor Buchner referred to e-mails regarding limiting access on Highway 99W; City Engineer Duenas
confirmed that he has copies of those e-mails. Councilor Buchner advised she thought some important
issues were raised and she would like to see that material included in the Planning Commission's review.
9:39:119 PAf
Councilor Wilson wondered if there was any way to get consultants "on board" to do a Walnut to Hunziker
study. City Engineer Duenas said the City did contract with DKS to get a desirable corridor; that study was
basically to find a way to go all of the way from Walnut at 99W through some apartment complexes and
wetland areas, across Ash Avenue and then to Hunziker. That study is done. City Engineer Duenas said the
probably need to pull back and look at the need for that corridor and the impact it would have if it was
available. Councilor Wilson suggested that at least a cost/benefit analysis be done to explore the relative
merits. This should be part of the 99W study and the TSP update.
9:40:26 I'M
Councilor Woodruff advised that Wal-Mart has notified us that they do not plan to build a store in this area.
9:411:_50 11M
In response to Mayor Dirksen,Assistant Community Development Director Bunch advised that staff would
Eke to have the City Council approve a motion to direct the Planning Commission to initiate a
Comprehensive Plan and Transportation System Plan amendment to consider the recommendations of the
Tigard 99W Improvement and Management. Then, staff will initiate the application and begin the process.
9AH7 PM
Motion by Councilor Buchner that the City Council direct staff to initiate a Comprehensive Plan process as
just outlined by Assistant Community Development Director Bunch. The motion was seconded by
Councilor Woodruff.
The motion was approved by a unanimous vote of City Council present:
Mayor Dirksen Yes
Councilor Buelmer Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
10. COUNCIL LIAISON REPORTS: None
11. NON-AGENDA ITEMS: None
➢ Mayor Dirksen announced the City Council will hold an Executive Session after the business meeting.
Motion by Councilor Woodruff, seconded by Councilor Sherwood,to adjourn the meeting.
City Attorney Ramis clarified,in response to a question from Councilor Buehner, that fine Executive Session
wording read earlier in the meeting was still applicable.
9:12:31 11M
The motion was approved by a unanimous vote of Council present.
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Mayor Dirksen Yes
Councilor Bueluier Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
Note: Executive Session concluded at 10:59 p.m.
serine Wheatley, City Recorder
Attest:
Mayor,/City of Tigard
Date:
V
I:\_A-DM\Cad1y\CCM\2008\080513 final.doc
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