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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. TIGARD CITY COUNCIL/LCRB/ MINUTES — MAY 137 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of 14 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 TIGARD CITY COUNCIL/LCRB/ MINUTES — MAY 13, 2008 Cityof Tigard 13125 SW 11A Blvd.,Tigard,OR 97223 1 503-639-1171 1 ivw v.dgard-ongov I Page 2 of 14 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 TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 133 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 3 of 14 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. TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 13, 2008 City-of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 wx«v.6gard-or.gov I Page 4 of 14 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 TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 13, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 5 of 14 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 TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 13, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 Nvww.tigard-or.gov I Page 6 of 14 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 TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 135 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 Nvwxv.tigard-or.gov I Page 7 of M 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 TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 132 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 8 of 14 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. TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 132 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 9 of M 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 TIGARD CITY COUNCIL/LCR.B/ MINUTES - MAY 13, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 xvxv-,v.dgard-or.gov I Page 10 of 14 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 TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 13, 2008 City of Tigard 1 13125 SW Ball Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.dgard-or.gov I Page 11 of 14 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 TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 13, 2008 City=of Tigard 1 13125 SW Ball Blvd.,Tigard,OR 97223 1 503-639-4171 1 xv%v-,v.tigard-or.gov I Page 12 of 14 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. TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 133 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 wwxv.tigard-or.gov I Page 13 of 14 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 TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 131, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 ,v-,v v.tigard-or.gov I Page 14 of 14