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City Council Minutes - 10/12/2010 - City of Tigard m Tigard Business Meeting — Minutes TIGARD CITY COUNCIL AND CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: October 12, 2010 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard- Town Hall - 13125 SW Hall Blvd.,Tigard, OR 97223 • STUDY SESSION Mayor Dirksen called the meeting to order at 6:30 p.m. Name Present Absent Mayor Dirksen ✓ Council President Wilson ✓ Councilor Buehner ✓ Councilor Henderson ✓ Councilor Webb ✓ Staff present: City Manager Prosser,Assistant City Manager Newton, Community Development Director Bunch, City Attorney Ramis,Assistant Public Works Director Rager,Redevelopment Project Manager Farrelly, Senior Management Analyst Wyatt, Parks Facilities Manager Martin • Receive Findings from League of Oregon Cities Report Senior Management Analyst Wyatt presented the report on this item. Copies of the nomination for and letters of support nominating Mayor Dirksen for the League of Oregon Cities James C. Richards Memorial Award were distributed to the City Council. A copy of the nomination is on file in the City Council packet material. The nomination packet outlines a history of exceptional performance and accomplishments under the leadership of Mayor Dirksen over the last eight years. City Manager Prosser announced the Executive Session for the Tigard City Council and the City Center Development Agency. • EXECUTIVE SESSION: The Tigard City Council and City Center Development Agency went into Executive Session at 6:32 p.m. to discuss real property negotiations under ORS 192.660(2) (e). TIGARD CITY COUNCIL MEETING MINUTES — October 12, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of 12 Executive Session concluded: 7:17 p.m. • City Manager Prosser reviewed Administrative Items with the City Council. o Downtown Sign After discussion with the City Council it was determined that a sign for the downtown would be installed that says "Welcome to Downtown Tigard." Space will be left on the sign for another line of text to be added later. The font will be in bold Garamond. o Council received: Updated Packet Material for Agenda Item No. 6,Authorize the City Manager to Enter into a Purchase and Sale Agreement to Acquire Properties for Parks and Open Space - Summer Creek. o Email from Representative Doherty to save November 17, 2010, 7:30-8:30 a.m. for Community Action's "People You Should Know Breakfast" at Embassy Suites. City Manager Prosser advised RSVP's are required. Councilor Buehner said she could attend; Mayor Dirksen and Councilor Henderson will check their calendars and advise City Manager Prosser if they can or cannot attend. o Council Calendar: • October 19 - Workshop Meeting - 6:30 p.m. ■ October 26 -Business Meeting- 6:30 p.m. ■ November 8 - Special Meeting- 6:00 p.m. (Dinner) 7:00 p.m. Meeting-Lake Oswego - West End Building, Santiam Room, 4101 Kruse Way, Lake Oswego ■ November 9 - Business Meeting- 6:30 p.m. Study session concluded at 7:28 pm. 1. BUSINESS MEETING A. Mayor Dirksen called the meeting to order at 7:31 p.m. B. Roll Call: Name Present Absent Mayor Dirksen ✓ Council President Wilson ✓ Councilor Buehner ✓ Councilor Henderson ✓ Councilor Webb ✓ C. Pledge of Allegiance D. Council Communications &Liaison Reports: None E. Call to Council and Staff for Non-Agenda Items: None 2. CITIZEN COMMUNICATION A. Farewell Remarks -Retiring Tualatin Valley Fire and Rescue Chief Jeff Johnson TIGARD CITY COUNCIL MEETING MINUTES — October 12, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of 12 Tualatin Valley Fire and Rescue Chief Mike Duyck said a few remarks and introduced recently retired Chief Jeff Johnson. Chief Johnson expressed his appreciation of the City Council and the community during his 15-year tenure as Chief. Members of the City Council talked of Chief Johnson's accomplishments and TVF&R's status as a top-rated fire district in the country. Chief Duyck thanked the City Council for adopting the Fire Code last month. He advised they are preparing to move into a new command business center,which is located at 72n1 and Dartmouth in Tigard. B. Follow-up to Previous Citizen Communication None C. Tigard High School Student Envoy—Tracie Tran updated the City Council on activities at the Tigard High School. An outline of her report is on file in the City Council packet materials. D. Tigard Area Chamber of Commerce—Debi Mollahan,Tigard Chamber Executive Director updated the City Council on activities for the Chamber of Commerce. An outline of her report is on file in the City Council packet materials. E. Citizen Communication No one spoke. Mayor Dirksen reviewed the Consent Agenda: 3. CONSENT AGENDA: A. Approve Council Meeting Minutes: 1. May 18, 2010 2. June 15, 2010 3. July 12, 2010 4. July 13, 2010 B. Receive and File: 1. Council Calendar 2. Tentative Agenda C. Approve Posting 60-Day Public Hearing Notice for Final Consideration by Council to Adopt 2010 Water SDC Methodology Update Motion by Council President Wilson, seconded by Councilor Webb, to approve the Consent Agenda. The motion was approved by a unanimous vote of City Council present. TIGARD CITY COUNCIL MEETING MINUTES — October 12, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 3 of 12 Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes 4. UPDATE ON THE WASHINGTON COUNTY COOPERATIVE LIBRARY SYSTEM (WCCLS) OPERATIONAL LEVY RENEWAL • Library Director Barnes presented the staff report and a PowerPoint presentation; these documents are on file with the Council packet materials. Library Director Barnes confirmed for Mayor Dirksen that approval of the levy would not increase taxes;it is a renewal levy. 5. LEGISLATIVE PUBLIC HEARING -ADOPT TIGARD 2035 TRANSPORTATION SYSTEM PLAN (CPA2010-00001) REQUEST: To amend the current Tigard Comprehensive Plan Goal 12: Transportation and the Tigard Public Facility Plan to incorporate the Tigard 2035 Transportation System Plan. The complete text of the proposed amendment can be viewed on the City's website at http://www.tigard-or.gov/code_amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Goals 1, 2, 5, 6, 7, 8, 9, 10, 11 ,12, 13, 14, and Special Planning Area: Downtown; the Regional Transportation System Plan; the Oregon Highway Plan; Oregon Administrative Rule 66-12;and Statewide Planning Goals 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14. • Mayor Dirksen opened the public hearing. • City Attorney Ramis reviewed the hearing procedures. • There were no declarations or challenges. • Staff Report: Senior Transportation Planner Gray and Senior Planner Wyss were present. Senior Transportation Planner Gray reviewed the staff report and PowerPoint presentation; these documents are on file with the packet meeting materials. She concluded by advising the City Council of its potential action options: • Approve as recommended by the Planning Commission • Approve with changes • Reject TIGARD CITY COUNCIL MEETING MINUTES — October 12, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 4 of 12 Council asked questions of staff and discussed the information presented. Highlights of the discussion included: • Mayor Dirksen commented that he recently attended a Washington County Coordinating Committee meeting and it was pointed out that Washington County officials will be traveling to Washington DC in about four months to lobby for transportation project funding in the County. It is time for jurisdictions to have a list of projects prepared to be included among those to lobby for funding. He urged staff to start considering potential projects for City Council review. • Councilor Henderson asked if there is consideration in the long run regarding the non- grid system and inherent problems for our area. Senior Transportation Planner Gray agreed with Councilor Henderson regarding the challenges our current street system poses. The most efficient street system for circulation and connectivity is a grid. There are some areas where work can be done to provide some alternatives,which is why a circulation and connectivity plan has been identified as a priority. There are areas in the Triangle where Senior Transportation Planner Gray said there is opportunity to gain efficiency and other areas could benefit by providing alternate routes. She said that Councilor Henderson's observation about connectivity is one of the top two issues;i.e., land use and connectivity. Councilor Henderson asked if our need for connectivity and the challenges we face will be taken into consideration when funding is awarded. Senior Transportation Planner Gray said it would be taken into consideration to a degree. Some of the challenges we have could not have been helped;i.e., presence of railroads, wetlands, natural resources, topographic constraints, and the location of freeways. These barriers have been identified and are very expensive in many ways. There is some appreciation for the natural environment that is already in place; however, it is important that the City demonstrate an understanding and a commitment to providing connections where we are able to do so. • Mayor Dirksen noted that the basic structure/layout of Tigard was accomplished before it was incorporated as a City. There was no government agency to provide the planning of the transportation system. • Councilor Buchner referred to a point she made early on with regard to the current classification of Scholls Ferry Road and whether it should be classified as a major or a minor arterial. Senior Transportation Planner Gray clarified the classifications are for "arterial" and "principal arterial." She recalled this was discussed in the early project meetings and since this is a Washington County Road,it was determined to leave the road classified as it is. Washington County will be updating their plan and this matter can be revisited. • Public Testimony o Proponents —None o Opponents -- Sue Beilke - testified. A copy of her testimony dated October 12, 2010 is on file in the Council packet materials. Her comments included her concerns TIGARD CITY COUNCIL MEETING MINUTES — October 12, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.6gard-or.gov I Page 5 of 12 about the lack of protection and conservation of natural resources to adequately conserve the remaining habitats for fish and wildlife,while at the same time improving the infrastructure for roads, safe pedestrian crossings, etc. o Neutral— the following individuals testified: ■ Brian Dunn, Group Mackenzie and Tom Wright, Group Mackenzie, 1515 SE Water Avenue (P O Box 14310), Portland OR 97214 - ■ A copy of the testimony (dated October 12, 2010) referenced by Mr. Dunn and Mr. Wright is on file in the Council packet material. Also on file are two smaller versions of large maps that Mr. Dunn and Mr. Wright referred to during their testimony. The testimony presented was prepared by Group Mackenzie at the request of Mr. Fred Fields to seek clarity and consensus from the Tigard City Council regarding Mr. Fields' concern over how the updated draft Transportation System Plan affects future street connectivity between his property and Wall Street. The proposed TSP documents are unclear about the affects to connectivity concerns by Mr. Fields. Mr. Dunn noted their three concerns with the TSP: 1. The decision to remove the Wall Street Extension lacks technical analysis. 2. There is a street connectivity deficiency identified in the TSP (Figure 4-2). 3. There is a clarity issue as far as the Roadway Functional Classification Map and whether the stub that is shown for Wall Street, as a collector, extends onto the property. Mr. Dunn reviewed three options proposed to alleviate Mr. Fields' concerns. These options are contained in the October 12, 2010 written testimony provided by Mr. Dunn as referred to above. 1. Put the Wall Street Extension back on the list of TSP projects and amend the Roadway Functional Classification map accordingly. 2. Amend the Roadway Functional Classification map to show Wall Street extending onto Mr. Fields' property and possibly extending the connection to Bonita Road through a connection at Milton Court. 3. Acknowledge that the Roadway Functional Classification Map shows Wall Street connecting to Mr. Fields' property. TIGARD CITY COUNCIL MEETING MINUTES — October 12, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 6 of 12 Mr. Dunn reviewed the detail of the options,which is also outlined in the written testimony he submitted. Mr. Dunn said that tonight was the first time they had heard that the stub of Wall Street does not go across Fanno Creek. The information that Mr. Dunn has reviewed in the TSP Needs and Deficiencies Chapter and other chapters indicates that the cost effectiveness is tied to a rail crossing. Nothing is mentioned about environmental impact or the issues with any crossing of Fanno Creek. Council President Wilson commented that, as a rule,just because a roadway does not show in the TSP, does not prevent a private developer from building a road to serve his own property. Mr. Wright responded to Council President Wilson that the evidence heard tonight during Senior Transportation Planner Gray's presentation specifically said Wall Street was not envisioned to go east of Fanno Creek. In addition, with the removal of the Wall Street extension project,it does not rectify Figure 4-2, which shows gaps 111 connectivity not only for this property, but for the immediately surrounding properties. These are open-ended items that are a concern for them and their client. Councilor Buchner noted when the last TSP was adopted in 2002, the railroad had not yet spoken about the railroad crossing. In the intervening period, they have; they are not going to allow an at-grade crossing. The cost of building a raised bridge is not feasible,which means Option 1 is not a feasible option. ■ Glenna Thompson, 13676 SW Hall Boulevard, No. 2,Tigard OR 97223 thanked Senior Transportation Planner Gray for removing Wall Street off the TSP. It is not needed. There is a group of citizens who are concerned about a bridge and street going to Mr. Fields' property. She said this would be a huge environmental impact on the wildlife, the creek and the wetlands. Milton Court represents a viable opportunity for access to Mr. Fields' property and would be the least impactful to the wildlife or creek. ■ Paul Whitney, 12035 SW Bull Mountain Road, Tigard, OR 97224, advised he is on the Tigard Technical Advisory Committee for Trails and Project Planner Roberts is supervising that effort. Mr. Whitney referred to Ms. Beilke's testimony regarding the Summer Creek trail. Mr. Whitney said that when he asked Project Planner Roberts about this trail, Project Planner Roberts said he had no knowledge of the trail. Mr. Whitney said that if this trail is going to remain that the Technical Advisory Committee evaluate this along with other trails as a whole. Mr. Whitney referred to the Wall Street Extension discussion and he brought up the criteria regarding capacity. Capacity is difficult to measure but he said it is an important concept that is named in Statewide Planning Goal Nos. 2, 5, and 12. He noted that we have TIGARD CITY COUNCIL MEETING MINUTES — October 12, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 7 of 12 approximately 2,900 buildable lots in Tigard. Mr. Whitney says he thinks there is plenty of capacity in Tigard. ■ B.J. Tyree, 13816 SW Fanno Creek Drive,Tigard, OR 97223, spoke about the Wall Street Extension. She said she was not aware that it was being removed from the plan but appreciated that it was. She said she is, and has been, for eight years the manager of the Fanno Creek Village Apartments and during that time she has seen the area develop. She has seen more people utilizing this area and the wildlife along the creek and in the wetlands has greatly increased. She reviewed the variety and numbers of wildlife she has seen and the value the property has to the residents of the area by increasing quality of life. She was opposed to encroachment on the property since it is flourishing at this time. ■ John Frewing, 7110 SW Lola Lane,Tigard, OR 97223, said he is concerned about the nature of the projects shown in the TSP. Some projects listed were characterized as "just a dream" while others are well underway. He said the TSP should be more helpful with a more narrowed scope of projects. He did not like the proposed overpass of I-217 at Pfaffle,which is a $15 million project that was listed as not financially constrained. He noted other smaller projects were listed as financially constrained. He said if we are trying to make do with what we have, we should focus on the smaller things that can be done. Other items he noted regarding inconsistencies in the TSP included: ■ He noted his appreciation for the listing of the Tigard neighborhood path. He said he was not in favor of the Wall Street Extension across the creek not was he in favor of the Ash/Walnut connection. ■ He said he was concerned whether the staff has consulted with the CPO's regarding projects and planning efforts outside the city limits but within the Tigard Planning Area and he referred to the Metzger area in particular. ■ The Hall Street Bridge needs work and should be shown in the TSP as a project,which might lead to engaging ODOT. ■ He referred to the adopted Washington Square regional trail,which was removed from the TSP. • Staff responded to testimony and City Council questions. Senior Planner Wyss' comments included: o Summer Creek Project—there are no projects identified along Summer Creek or Summerlake Park. He referred to the Neighborhood Trails Plan, which is included in the Appendix, there is one crossing of Summer Creek-at 116`''Avenue. Councilor Webb noted the trail is shown on the map and the Mayor indicated that trail might already exist. Senior Transportation Planner Gray referred to Table 5-6, Page 72; this trail is not identified as a TSP project. Some projects were included in the background mapping from the Neighborhood Trails Plan to reflect a network. TIGARD CITY COUNCIL MEETING MINUTES — October 12, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 8 of 12 o Senior Transportation Planner Senior Transportation Planner Gray responded to the testimony by the Group Mackenzie representatives. She clarified that Figure 4-2 is not in the TSP, it was taken from the technical appendix,Technical Memorandum No. 4, Needs and Deficiencies Analysis. That figure was reproduced from the 2002 TSP,which separated the plan area into six figures. This was a starting point and part of the data collection and it was not within the scope of this TSP process to update the entire connectivity and circulation needs. One of the things identified as a need is to update this. She said there are connectivity issues and because we have many connectivity issues that are expensive to resolve, the list had to be prioritized. Some of the projects were taken off the list because of significant environmental impacts and associated costs. She charged that Mr. Dunn knows better than to say projects were taken off the list without any analysis; this was funded by ODOT, which required analysis of all the projects. Our Metro partners also made sure we were in compliance with the Regional Transportation Plan. Additional jurisdictions affected (Washington County,Tualatin and Beaverton) also made sure "that we were doing our job." The analysis was done at the level appropriate for a TSP. o Senior Transportation Planner Gray referred to Mr. Whitney's testimony and believed that the unknown project's identify was clarified. o Senior Transportation Planner Gray referred to Mr. Frewing's comments on the nature of the projects listed in the TSP. She said she appreciates that it is challenging/cumbersome to view such a huge range of projects. She said she would not characterize the projects as "just a dream" because it is more pragmatic than that. While there is no immediate plan to pursue the Hall Boulevard bridge to Tualatin, this is a 25-year plan which translates to a lot of uncertainty. Identifying future projects is needed if they are ever to come to be; many connections have not been feasible because earlier identification of the need was not done. "We have to be in front of that..it is a difficult balance between the uncertainty of long range,without getting ourselves backed into a corner." o Senior Transportation Planner Gray referred to the 1-217 overpass at Pfaffle, which is listed as "not financially constrained." It is listed this way because it is a lower priority. The financially constrained list contains those projects that would be on the list if we constrained ourselves to this one forecast dollar amount. Mayor Dirksen said this term is confusing because in this type of document, "financially constrained" means that a project is more likely to be funded. o Senior Transportation Planner Gray advised that one presentation, although a long time ago (last April or May),was given to the Metzger CPO. • City Attorney Ramis said the Council might want to identify those issues that it is interested in and any amendments it might wish to have considered in light of the testimony and continue the proceeding to allow the staff to do another technical memo or supplemental staff report addressing the range of issues raised. • Councilor Henderson referred to Illustration No. 5-11,which shows Wall Street as crossing Fanno Creek. Senior Transportation Planner Gray said this would be a mapping error, TIGARD CITY COUNCIL MEETING MINUTES — October 12, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 9 of 12 because this is not intended to be in the plan. This is not contained in the TSP project list. During discussion about the map, this connection might be a trail. • Councilor Henderson said he finds it unacceptable to cross the railroad tracks,when there are five tracks. He said he thought the earlier councilors did not take a good look at this for feasibility and this was a mistake. He said he understands that Wall Street from the railroad tracks to Hunziker is not really a street,it is an easement. He said he does not understand why we would be identifying easements. Mayor Dirksen said that it appears from the Key that Wall Street is being shown as an existing facility and there is nothing in the TSP to indicate this is identified as a future project. Mayor Dirksen said it appears to him that the question about whether this is a project is because the map they are viewing on the computer screen is of a different size and scale. Senior Transportation Planner Gray said this will be double-checked. City Manager Prosser said it would be best to have staff clarify the issues and bring this back to the City Council for action later. • Councilor Buchner raised the issue, again, of designating Scholls Ferry Road as a principal arterial. It is carrying a high volume of traffic. The Washington County map is outdated and does not reflect the volume of traffic it currently carries. She said she raised issue in 2001 when working on the long-term transportation plans at the County and it was overlooked at that time. In response to a question from Mayor Dirksen, Senior Transportation Planner Gray advised that only Pacific Highway is designated as a principal arterial,which is based on traffic volume. The functional classification directs cross sections (number of lanes); the access spacing standards (the distance between intersections); and the performance measures/level of service standards for intersection operations. The classification is dictated by the jurisdiction that owns the road. It would have no affect for Tigard to change the classification of Scholls Ferry Road within its TSP. • Staff recommendation: Senior Transportation Planner Gray advised staff recommends that the City Council approve the Planning Commission's recommended version of the TSP. • Mayor Dirksen closed the public hearing. • Council discussion followed. • Upon the advice of City Attorney Ramis of the need for staff to check the facts and review the technical basis of the decision, there was a motion by Councilor Buchner, seconded by Councilor Webb, to continue the hearing to the City Council meeting of November 23, 2010. The hearing will be reopened for consideration of the results of the review by staff. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes TIGARD CITY COUNCIL MEETING MINUTES — October 12, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.6gard-or.gov I Page 10 of 12 Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes 6. AUTHORIZE THE CITY MANAGER TO ENTER INTO A PURCHASE AND SALE AGREEMENT TO ACQUIRE PROPERTIES FOR PARKS AND OPEN SPACE • Parks Facilities Manager Martin presented the staff report. • Council Discussion—brief discussion followed the staff report. • Bob Betcone of Trust for Public Lands addressed the council regarding TPL's role in the property negotiations for potential park purchases. TPL representatives have been working with City staff and the Park and Recreation Advisory Board as an intermediary. • Council Consideration: Motion by Councilor Buehner, seconded by Councilor Henderson, to authorize the City Manager to enter into a Purchase and Sale Agreement (PSA) for three parcels along Tigard Street. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes 7. COUNCIL LIAISON REPORTS: None 8. NON AGENDA ITEMS: None 9. EXECUTIVE SESSION: Not held. 10. ADJOURNMENT: 9:44 p.m. Motion by Council President Wilson, seconded by Councilor Webb, to adjourn the meeting. TIGARD CITY COUNCIL MEETING MINUTES — October 12, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 11 of 12 The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes Czj-��OA-A� Catherine Wheatley,City Recorder Attest: 12. -,Z�/-K'//) ayor, City of Tigard Date: &C IAAWCATHY\CCIvi\2010\101012 finO.docx TIGARD CITY COUNCIL MEETING MINUTES — October 12, 201_0 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 www.tigard-or.gov Page 12 of 12