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City Council Minutes - 10/25/2011 It City of Tigard r � Tigard Business Meeting - Minutes m TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING DATE AND October 25, 2011 — 6:30 p.m. Study Session; 7:30 p.m. TIME: Business Meeting MEETING LOCATION• City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 Mayor Dirksen called the meeting to order at 6:32 p.m. Name Present Absent Mayor Dirksen ✓ Council President Buehner ✓ Councilor Henderson ✓ Councilor Wilson ✓ Councilor Woodard ✓ Staff present: Interim City Manager Newton, City Recorder Wheatley,Public Works Director Koellermeier, Senior Project Engineer Murchison, Streets and Transportation Senior Project Engineer McCarthy, City Attorney Ramis, Community Development Director Bunch • STUDY SESSION A. Briefing on a Consent Item to Re-Allocate $1.6 Million in Grant Funding to the Main Street/Green Street Retrofit Phase II Project Streets and Transportation Senior Project Engineer McCarthy presented the staff report. Many years ago, the city was awarded$1.6 million in federal funds to revamp the Tiedeman/Greenburg Road intersection to expand Greenburg Road from Tiedeman to Highway 217. After the grant application was submitted, the bridge widening was added increasing the project by about$4 million. To use the $1.6 million in federal funds, the city TIGARD CITY COUNCIL MEETING MINUTES — OCTOBER 25, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of 15 would need to expend about $3 million,which it does not have. The original project was placed on hold. About 1-1/2 years ago,work was done to find out about re-allocating the grant to Walnut Street. This project fit the purposes of the Metro funding because they are looking for a project that would improve the conditions in a center or access to a center,particularly non- single occupancy vehicle access. As this project was being researched,it was discovered that when the right of way was purchased for the Walnut Street project, federal process was not followed. Differences were significant enough that the Oregon Department of Transportation (ODOT) staff,who administer federal funds in the state, said this project was not eligible for federal funds because of the way it was acquired. Staff talked with Metro who suggested the Main Street/Green Street Retrofit Phase II project for this funding. Streets and Transportation Senior Project Engineer McCarthy said City Council consensus is requested to use the funding for the Main Street project. After brief discussion, City Council consensus was to use the federal funding for the Main Street project. Council President Buehner asked how soon the city would need to use the fund. Streets and Transportation Senior Project Engineer McCarthy said there has been no definitive timeline established. One of the other factors involved is "the red tape" necessary to make a change in projects. When the money got moved from Greenburg to Walnut,it had to go through the various committees at the Metro level. If the money is shifted away from the Walnut Street project,it would have to go back through all the committees again. If we commit to finding local funds for Walnut Street, then the change can be made at the administrative level (just by staff). Council discussion on funding followed. Council President Buchner noted her concerns with continued disruption of businesses in the downtown during construction. Public Works Director Koellermeier advised that the work planned must be done in two separate projects, so there will be a minimum of a one-year lag between construction of Main Street phases one and two. Streets and Transportation Senior Project Engineer McCarthy said he thought a two- to three-year lag would be likely. City Council discussed looking for opportunities to make construction less disruptive during the construction on Main Street. Councilor Wilson said he would like to see the 90 percent drawings of the south end of Main Street when they are completed. Public Works Director Koellermeier said he would schedule this for a study session. TIGARD CITY COUNCIL MEETING MINUTES - OCTOBER 25, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of 15 Interim City Manager Newton reviewed the following with the City Council: B. Administrative Items • Ask council members to select a couple of meeting dates as options for a joint City Council/Tigard-Tualatin School Board meeting. (Tigard will host.) Choices are: Wednesday,January 25 Thursday,January 26 Monday,January 30 Agenda items will be set by the City per Mayor Dirksen. After brief discussion, City Recorder Wheatley will follow up on the above meeting dates and advise City Council members when a date is selected. • Non-Agenda Item (beginning of business meeting): Mayor Dirksen was to present a "Certificate of Recognition" to Rick Parker for his service on the Budget Committee,June 2005 through December 2011. (Note: Mr. Parker was called away and was unable to attend to receive the certificate.) • Council Calendar: Tuesday, November 1, 2011 - Special meeting, 6:30 p.m., to consider ratification of the Tigard Police Officer's Association Agreement. Tuesday, November 8, 2011 - Regular business meeting is canceled. Friday,November 11 -Veterans Day Holiday, City Hall closed. Monday, November 14,2011 - Special meeting with Lake Oswego City Council, 6:30 p.m. dinner, 7 p.m. special meeting at Tigard Town Hall. Tuesday, November 15 -Workshop meeting, 6:30 p.m. Tuesday November 22 -Regular business meeting; 6:30 p.m. study session and 7:30 p.m. business meeting. Thursday and Friday, November 24 and 25 -Thanksgiving Holiday, City Hall closed. Tuesday, December 6, 2011, Council goal-setting meeting, noon-5 p.m. at Fanno Creek House. TIGARD CITY COUNCIL MEETING MINUTES - OCTOBER 25, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 3 of 15 Tuesday,December 13,2011,Regular business meeting; 6:30 p.m. study session and 7:30 p.m. business meeting. Tuesday,December 20,2011,Business meeting; 6:30 p.m. study session and 7:30 p.m. business meeting. (This business meeting will take the place of the regularly scheduled Workshop meeting.) Tuesday, December 27, 2011, Regular business meeting canceled. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:50 p.m. to discuss real property transaction negotiations under ORS 192.660(2) (e). Executive Session concluded: 7:28 p.m. 1. BUSINESS MEETING - OCTOBER 25, 2011 A. Mayor Dirksen called the meeting to order at 7:37 p.m. B. Roll Call Name Present Absent Mayor Dirksen ✓ Council President Buehner ✓ Councilor Henderson ✓ Councilor Wilson ✓ Councilor Woodard ✓ C. Pledge of Allegiance D. Council Communications &Liaison Reports: None. E. Call to Council and Staff for Non-Agenda Items: None. U 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication At the October 11, 2011, City Council meeting, Ms. Mira Vowles gave testimony regarding the Lake Oswego/Tigard partnership. She urged the council to commission TIGARD CITY COUNCIL MEETING MINUTES - OCTOBER 25, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 4 of 15 an independent update of the cost assumptions and potential risks associated with this partnership. Ms.Vowles invited Tigard residents to learn more about the partnership by attending a meeting on Monday, October 17,in the Tigard Library Community Room. 18 Interim City Manager Newton gave a follow-up report to the City Council. On October 13,the Tigard Times published a soapbox article on this matter. There was a meeting at the Library on October 17 that Ms. Vowles and two other citizens attended. Utility Division Manager Goodrich attended the October 17 meeting where they discussed the water partnership and project. Questions were answered. The residents that attended this meeting were relatively new to the area and were unaware of the history of the Tigard community's efforts to develop a water source. It appears as though the residents were satisfied with the information provided as there has been no additional contact from these individuals. B. Citizen Communication—Sign Up Sheet Patricia Romans, 13166 SW Broadmoor Place,Tigard,announced that the Mask and Mirror Community Theatre is holding its inaugural show,"The Green Room," on November 4 at Calvin Presbyterian Church. She thanked the city for its support. �J 3. PROCLAMATION - CENTENNIAL GREETINGS METZGER Mayor Dirksen issued the Centennial Greetings Metzger proclamation. 19 4. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) Mayor Dirksen reviewed the Consent Agenda items: A Approve Council Meeting Minutes -September 20,2011 - October 4,2011 B. Approve the Re-Allocation of$1.6 Million in Grant Funding to the Main Street/Green Street Retrofit Phase II Project C. Local Contract Review Board: 1. Award a Contract for the Purchase of a Truck-Mounted Heated Asphalt Patching Box to Sahlberg Equipment. 2. Approve Purchase of a Freightliner m2 106 Chassis from McCoy Freightliner TIGARD CITY COUNCIL MEETING MINUTES - OCTOBER 25, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 1 www.tigard-or.gov I Page 5 of 15 Motion by Councilor Wilson, seconded by Council President Buehner, to approve the Consent Agenda. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Buehner Yes Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes IR 5. CONSIDER WASHINGTON COUNTY PROJECT HOMELESS CONNECT SOCIAL SERVICE FUNDING REQUEST Confidential Executive Assistant Lutz introduced Kim Marshall with Washington County Project Homeless Connect. Ms. Lutz and Ms. Marshall presented information regarding the request for use of the Social Service set-aside allocation to fund work with the homeless in Washington County. An October 21, 2011, memorandum is on file in the City Council's meeting packet,which clarifies the timing of the request. After discussion of the request and a description of the services proposed, the City Council considered a motion to approve the request. IRMayor Dirksen noted the extenuating circumstances where no external audit of this agency was done in the prior year. Councilor Wilson and Mayor Dirksen urged that an external audit be done this year. Motion by Council President Buehner, seconded by Councilor Wilson, to approve the request for$2500 to the Washington County Homeless Connect Project. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Buehner Yes Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes TIGARD CITY COUNCIL MEETING MINUTES- OCTOBER 25, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 6 of 15 In response to a comment from Mayor Dirksen,Ms. Marshall assured the City Council that this agency would submit a funding request during the appropriate time period for next year. i 6. RECEIVE UPDATE ON TRANSPORTATION PLANNING RULE (TPR) Senior Transportation Planner Gray presented the update on this matter: • The draft changes to the policies contained in the Transportation Planning Rule and the Oregon Highway Plan are now within the public comment period. • If the City Council gives direction tonight, Senior Transportation Planner Gray said she could prepare a letter should the City Council decide it would like to participate in the public comment to the Oregon Transportation Commission and the Land Conservation and Development Commission. • This process is also being discussed at JPACT. JPACT will be taking a vote regarding a statement of support at its November 10 meeting. • The TPR has been discussed by cities in the state for many years. • The TPR was adopted in the 1990's with the intent of tying land use and transportation planning more directly. This has given consistency in the way cities throughout Oregon do their plans and it has provided a framework for coordination with neighboring and regional jurisdictions. • Amendments to the TPR receives a lot of attention. Cities'Transportation and Comprehensive Plans are supposed to connect and amendments are guided by the TPR. • Application of the TPR has been rigid and has,at times,represented a barrier or large expense and contributed uncertainty to the process for public agencies and private property owners seeking a zone change. • The League of Oregon Cities and Metro placed a priority on a review of the Transportation Planning Rule for the year. • In early 2011,there was a joint subcommittee of the Oregon Transportation Commission and the Land Conservation and Development Commission to address TPR issues. In that process,it was revealed that many of the issues were not only with the TPR,but also with the Oregon Highway Plan that documents the policies, standards and guidelines for implementing the TPR. • In April 2011,after a series of hearings, the subcommittee issued five recommendations. • The Senate passed a bill in support of the recommendations and required adoption by January 1,2012. • Senior Transportation Planner Gray advised that just today, she received an updated version of the TPR. TIGARD CITY COUNCIL MEETING MINUTES- OCTOBER 25, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 1 www.tigard-or.gov I Page 7 of 15 • The joint subcommittee appointed a rulemaking advisory committee for the TPR and Ms. Gray advised she serves on this committee. She and a Metro appointee Tom Kloster were the only two representatives from the metropolitan region representing public agencies. • The proposed changes to the TPR were developed as statewide policies. • The Oregon Highway Plan rulemaking duties were dealt with by an internal Oregon Department of Transportation (ODOT) committee. • Final hearings before both commissions will occur in November and December with anticipated adoption of amendments in place by January 1,2012. • JPACT is scheduled to make its decision on November 10. The technical advisory committee to JPACT is reviewing the details of the proposed language. It is expected that the changes will be minor. Ms. Gray presented information regarding changes in the Oregon Highway Plan: • The OHP implements the TPR. • The OHP establishes the mobility target and performance measurements based on traffic congestion. The measurements have always been precise,i.e., ".95." If the performance of a street was in a failure area of measurement or projected to fail,then this was the end of any proposal for change or development. A significant policy change in the OHP is proposed to change the OHP language from"standard" to"target." In the case where the target is not met,this is to be the beginning of the conversation,not the end of the conversation as it has been in the past. Alternative performance measures will be allowed. This change gives an opportunity to use a performance measure that goes beyond traffic congestion. • The Southwest Corridor Plan will be the first to be developed under these amended plans. • Region 1 has already begun a research project to develop a menu of performance measures. During the Southwest Corridor Plan process the menu can be used to designate the performance measurements. • CSI Currently,if a zone change results in the addition of one trip, the same requirements exist for analysis and mitigation as you would have for the addition of 100 trips;that is zero tolerance. In the technical analysis, some minimum thresholds are being set before the requirements are triggered. This will be good for small projects so they do not get "hung up" in uncertainty that comes with this analysis. • H Another proposed amendment deals with the situation where applicants are required to assume worst-case development; that is,maximum build out. If you assume maximum development everywhere, this results in a large over-estimation. An assumption for"average" development will now be allowed. • There will be a hearing on November 16 in Silverton with someone attending from Metro. It would be helpful to have positions stated from local communities also,which could either be in writing or in person. TIGARD CITY COUNCIL MEETING MINUTES - OCTOBER 25, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 1 www.tigard-or.gov I Page 8 of 15 • El Council President Buehner said she thought the proposed amendments are good overall and she thanked Ms. Gray for serving on the Rulemaking Advisory Committee. She urged someone in the group attempt to educate the First Congressional candidates onngttransportation issues. • IR Mayor Dirksen said for the most part the proposed amendments are technical and not at the policy level;however,these amendments will impact policy decisions. • H Councilor Wilson commented on the alternate performance measures. In response to his questions,Ms. Gray advised the effects of transit improvements, sidewalks or bike facilities are reviewable now in the technical analysis. To respond to Councilor Wilson, she cited a specific example: When there is a capacity constraint at an intersection,one way to address it is to increase the size of the intersection by adding a turn lane,which will help mitigate the impact. But,it also makes it more difficult for pedestrians and bicycles—now there is no measure, standard or consideration of this difficulty. • Ms. Gray said she would like to see, for Tigard,an alternative performance measure for travel time (reliability) on Pacific Highway—this is a big cost component for freight traffic. • G Councilor Wilson asked if the proposal was to allow some flexibility for areas to use a variety of performance measures or will it be a statewide mandate. Ms. Gray said every state facility will have a standard performance measure but ultimately,at a committee level,a determination will be made regarding what the most important performance measures will be for the Southwest Corridor. These will be reviewed by the Oregon Transportation Commission to consider whether to adopt these measures for the corridor. This will be the first project to go through this process. • H Councilor Wilson asked if other states have similar standards comparing to the Transportation Planning Rule. Ms. Gray said states almost always have a measure of performance that reflects congestion. Councilor Wilson commented that other states do not restrict land use based on the "TPR" as does Oregon. Before the 1990's there was no TPR in Oregon and the market decided where development was going to occur, congestion followed until it was intolerable and then money would be allocated to fix the situation. Since the TPR,in theory,the process is opposite—we know where development is supposed to occur and the dollars should flow to those areas to be developed. It does not happen that way—we are still doing things the way we always have. He asked,why we are not proposing to do away with the TPR altogether. He said our gas tax dollars are still going to rural areas where there is no traffic. He said the proposed amendments are good,but the TPR has instituted a fictional way that things are supposed to happen. Ms. Gray commented on the need for funding regardless of whether a state has standards similar to the TPR. Councilor Wilson acknowledged the TIGARD CITY COUNCIL MEETING MINUTES - OCTOBER 25, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 9 of 15 limits to pushing beyond what the politics will allow. He would like to see the way funding is allocated changed entirely so funding decisions take into account where the funding comes from and where there is need • Ms. Gray gave another example of an alternative performance measure: One other measure might be vehicle miles traveled (VMT). This information is readily available. Certain types of development might reduce overall travel if it is convenient for people. The real purpose of the alternative mobility standards is to recognize that while congestion is one objective,there are other objectives that could be used. • II Council President Buehner asked Ms. Gray about future planning for Tigard's Downtown and the Triangle area -- these amendments will give us more opportunities to do things we cannot do under the current rules? Ms. Gray said, "absolutely." Mayor Dirksen said this is the bottom line—it really will help us with what we need to do in the near term. • 19 Councilor Wilson commented that they learned from their trip to Vancouver B.C. that the density has to reach a high level before you start to realize a reduction in trips. The high density is required to support neighborhood grocery stores,etc. • H Council President Buehner noted Tigard is hoping to have a grocery store and other services in the downtown area,which will require a certain population base to survive. Under the current rules, this development could not occur. • = Ms. Gray commented on the Transportation Planning Rule amendments considered by the committee. In some cases, the committee did not reach consensus and there are other instances where the consensus was not strong. • The biggest proposed amendment in the TPR would exempt certain urban areas from the TPR and she described the two-step exemption process to designate an area as a "mixed-use,multi-modal area (MMA)" that would no longer fall under the TPR. Ms. Gray further elaborated on components of an MMA. • This endeavor must be about balancing traffic congestion with development goals. • H Ms. Gray addressed the issue of developing new statewide policy,which would mean when the Tigard Triangle, the Rose Quarter or the Lents area—areas in the Portland Metropolitan region—would be evaluated the same as a development in Pendleton. Because this was a statewide committee, development standards for the metropolitan areas were not a priority for representatives from the other areas of the state. However, this might be an opportunity to suggest that evaluation of the areas within close proximity to interchanges to be relative to the metro region—we should not be comparing this region to smaller communities;that is, safety analyses should be based on Region 1 conditions. TIGARD CITY COUNCIL MEETING MINUTES - OCTOBER 25, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 10 of 15 • H Council President Buehner asked if the representatives from less densely populated parts of the state came to appreciate some of the issues in the metro area. Ms. Gray said there were people from other cities who were very supportive even though the metro issues were not what they were facing—they had their own priorities. • H The current proposals are good;however,Ms. Gray said it was a fair question to ask whether there was recognition/acknowledgement for the investment of staff resources,money, and volunteer resources that go into efforts for our regional planning. • IR Ms. Gray said the subcommittee included a recommendation to allow cities to accept practical mitigation for impacts caused by development that is primarily focused on industrial or the trade sector. Over the course of the discussions, this recommendation became"partial mitigation,"which would mean that for certain kinds of development if a city and ODOT determine that, on balance, the impacts were worth a"subsidy,"then a lower performance could be accepted without requiring full mitigation. This recommendation received a"bare majority" consensus. The most consistent and outspoken opposition came from Clackamas County Commissioner Lehan who pointed out that this was a subsidy and was concerned that the improvement would never happen and everyone would bear worse congestion or someone else would be expected to pay for the mitigation. Because there was such an interest in supporting economic development,the recommendation did receive a majority consensus. In some of the smaller communities (under 10,000 population),there was a push to allow retail development to also benefit from this partial mitigation. • 1@ Ms. Gray said there is a new provision in the draft that might provide the flexibility desired for economic development. The proposed amendment would allow cities to accept some other kind of mitigation to an alternative mode. • IR Councilor Wilson commented on the urban/rural split. The conversation on the Transportation Planning Rule was started in an attempt to address the downtown employment vs. bedroom community commute;that is, concentrating employment in one area and placing housing further and further out. A large retailer setting up in a small community that benefits from partial mitigation provisions was not the reason for this conversation. Mayor Dirksen agreed there still is the urban/rural divide,but as Oregon grows,there are more areas facing urban issues;i.e.,Bend and Medford have many of the same concerns that we do. IRCouncil President Buehner commented that in reviewing census data,it appears urban areas are growing,while rural areas are rapidly losing population. There should be recognition that urban issues take priority because there are so few people in the rural counties. Councilor Wilson said that's why they should not focus on retail but work to attract manufacturing—and then consider some mitigation exemptions. Council President Buehner said she thought these communities are expanding in the area of tourism to survive. Ms. Gray said if the mitigation exemptions were limited to industrial and traded-sector development,retail development would not be prohibited—it would mean that retail would have to pay the full mitigation. TIGARD CITY COUNCIL MEETING MINUTES — OCTOBER 25, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 11 of 15 • H There was not overall consensus of the working group to support partial mitigation according to Ms. Gray. The problem was seen as who ends up paying for the traffic impacts. Discussion followed regarding instances where other property owners pick up the costs if a developer is not required to pay the full cost of the impact created. • 0 Another major exemption to the TPR, advised Ms. Gray,would exempt zone changes consistent with the Comprehensive Plan. At this time this exemption would not affect Tigard very much since we have consistent maps for zoning and Comprehensive Plan designations,but it might be useful for us later—especially in the Southwest Corridor as we start looking at changes in the area. This exemption did not have consensus, so there are two options in the draft. One of the options says that if you have an acknowledged Comprehensive Plan and Transportation System Plan,you are "in." The other option is conservative as it would require the jurisdiction to check the assumptions in its Transportation System Plan. Either of these options would not be onerous for Tigard. These proposals would impact small communities. • H City Attorney Ramis commented and inquired about process. Under the Highway Plan draft amendments,if the city is asking for flexibility in performance impacts,would it be the Commission who would consider the request? Ms. Gray said the alternative performance measure will have to be adopted by the Transportation Commission,but changes the manner in which the analyses are done (minimum thresholds,using average density assumptions) at the staff level. City Attorney Ramis asked if Commission staff would say"yes" or"no" or would the city adopt findings of our own? Ms. Gray said we would adopt findings of our own. • 0 City Attorney Ramis followed up and asked,if there is a dispute,would we adopt findings,which are then subject to appeal to Land Use Board of Appeals in the usual course? Council President Buehner said this would be important to get this question answered. City Attorney Ramis said one of the criticisms from the local government legal side is that when there have been disputes over these issues,we expect in our system to have an impartial tribunal making the decision. Many, at the local government level, do not accept that the Commission or the Department are impartial decision makers. It would be more acceptable to a local government that we adopt findings and if someone disputes the findings, they would appeal to LUBA. If they carry their burden of proof,they win,but if they do not,the city prevails. Ms. Gray reviewed the standards under which TPR analysis is required and some are unambiguous and some are more discretionary. City Attorney Ramis said when the application of the TPR is more discretionary,the key for the city is to be able to defend it to LUBA on the basis that we have substantial evidence for our point of view and,if found to be the case,then the city would prevail. We do not want to be in front of a state agency exercising their own eiirtise about whether or not they think we have met the criteria. • CEJ Councilor Wilson commented on the above exchange between Senior Transportation Planner Gray and City Attorney Ramis. He said ODOT's natural inclination is to disapprove of any change that might negatively impact their highway. If TIGARD CITY COUNCIL MEETING MINUTES — OCTOBER 25, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 12 of 15 ODOT is the final authority,then the Rule will be applied the same as it is now. Senior Transportation Planner Gray said while she agrees there could be a challenge by others who oppose the development, she does not think the end result would be more subject to challenge that it already was. Council President Buehner said the point by City Attorney Ramis is well taken in that if there are not strong guidelines, there would be less defined areas leading to a great deal of litigation. • 19 Community Development Director Bunch said that when this is brought through a land use process and there is disagreement from ODOT,it has been his experience that the dispute is appealed to LUBA. If the state disagrees with LUBA's decision,then they can go to the Court of Appeals or a higher body. Community Development Director Bunch suggested that staff could clarify the dispute question and return with some scenarios as to how a land use case might proceed. • IR After additional discussion, Mayor Dirksen said that once the new provisions are adopted, the conversations and work will continue. Council President Buehner said at least the conversation has started so most of the"big picture"issues can be aired. • IR Senior Transportation Planner Gray said the changes give more opportunities to review zone change requests that have been unavailable. She pointed out the new proposals also unties ODOT's hands and provides opportunities to use more approaches. She said if the City Council decides to endorse the proposals,it will be a good opportunity to show support to the commissions. • 19 Councilor Woodard commented that the proposed amendments offer a variety of ways to address with additional flexibility—it probably represents a good move forward. Senior Transportation Planner Gray confirmed that she thought this was an improvement and is favorable towards economic development. • JJ Mayor Dirksen said he thinks the appeals process would be the same as it has been in the past,but it would be good to have this confirmed. • U In response to a request regarding the extent to which this will benefit the City of Tigard,Senior Transportation Planner Gray said she would prepare a report for the City Council on how she thinks the amendments will bear out. She said she expects that the combination of these amendments should make it possible to develop the Triangle and the Downtown the way the city wants. • IR Senior Transportation Planner Gray said the Highway Plan amendments will have a hearing on November 16. The Planning Rule will be considered on December 8. • Senior Transportation Planner Gray,in response to Council President Buehner's inquiry about whether Tigard will have a representative at the hearing,advised she plans to attend the Metro TPAC meeting on Friday to find out what the staff-level representatives plan to recommend to JPACT. • LI Community Development Director Bunch commented that this item is also a City Council goal. He said Senior Transportation Planner Gray has done a great job in monitoring and representing the city. We are getting close to a decision. Since we have TIGARD CITY COUNCIL MEETING MINUTES — OCTOBER 25, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 13 of 15 invested staff resources and the council's time on this matter,the city should participate and comment at every opportunity leading up to the LCDC and Oregon Transportation Commission hearings and adoption of administrative rules. The amendments represent a big step forward and are worthy of support. • Council President Buehner said she thought it was absolutely critical that the city stay on top of the process,especially since the first test will be with the Southwest Corridor Study. • H Mayor Dirksen said if testimony were offered at the Oregon Transportation Commission public hearing,that such testimony be for general support of the proposed changes and the flexibility of the rule. • 10 Senior Transportation Planner Gray said the priority recommendation is to generally support both of the drafts. Fine tuning would be nice,but it is most important to show support to both commissions. • IR Councilor Wilson said this is a huge step and he thinks the City Council is in general agreement with staff. With all of the changes being proposed,it is more than we could have hoped for and we are finally getting traction on this issue—and just in time. He thanked Senior Transportation Planner Gray for her involvement. • IR Mayor Dirksen summarized the City Council consensus as being in general support of the rules and the changes as recommended/proposed. • IR In response to a question from Interim City Manager Newton regarding City Attorney Ramis' question about the body that would be hearing appeals, Mayor Dirksen, said this would be a good thing to find out during committee meeting discussions,not at the public hearings. • 18 Councilor Wilson said the City Council discussion indicated the position of the city was"on the fence"with regard to partial mitigation provisions. Mayor Dirksen noted the committee had a similar position. Senior Transportation Planner Gray said she thinks JPACT will not comment on this matter—it was not supported at the staff level; however, she was unsure whether Metro would testify in opposition. Senior Transportation Planner Gray said she thinks the city should take a position on this point by saying the proposed language does not represent the best way to achieve the intent. The initial recommendation from the subcommittee said we should be looking at phasing of mitigations or funding mechanisms. This was not fleshed out as she thinks the subcommittee ran out of time. It might be reasonable to say that those are appropriate strategies to be investigated with the next round of changes. Council President Buehner agreed it would be appropriate to comment that further work is needed on this issue. Interim City Manager Newton suggested it be raised as a question rather than saying we oppose it. • !J In response to Council President Buehner, Senior Transportation Planner Gray said written testimony would be satisfactory. Mayor Dirksen said he did not think it is necessary to have someone from the city attend the upcoming hearings. TIGARD CITY COUNCIL MEETING MINUTES — OCTOBER 25, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 14 of 15 • H Councilor Henderson said he would be glad to sign a letter of support. Senior Transportation Planner Gray will prepare such a letter for the City Council's signature. 7. COUNCIL LIAISON REPORTS: None. 8. NON AGENDA ITEMS: None 9. EXECUTIVE SESSION: Not held. 10. ADJOURNMENT: 9:27 p.m. ® Motion by Council President Buehner,seconded by Councilor Woodard to adjourn the meeting. Catherine Wheatley,City Recorder Attest: "V9 ,9 u��ncC"��]ryf��geeSi en�- Date: l�C`j2 rj-) b-(2-'lam O�(�.a 0i TIGARD CITY COUNCIL MEETING MINUTES — OCTOBER 25, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 15 of 15