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City Council Minutes - 11/13/2018 City of Tim z Tigard City Council Meeting Minutes November 13, 2018 1. SPECIAL BUSINESS MEETING. 09 Q A. At 6:31 p.m. Mayor Cook called the Tigard City Council Special Meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook asked staff and council for Non-Agenda Items. None 2. PUBLIC HEARING AND SOUTHWEST CORRIDOR PREFERRED ALTERNATIVE: INFORMATIONAL PUBLIC HEARING, CONSIDER MOU WITH TRIMET AND APPROVAL OF PREFERRED ALTERNATIVE ALIGNMENT A. At 6:32 p.m. Mayor Cook opened the public hearing. B. Community Development Director Asher gave the staff report. He said he has spoken many times to Council in the five years he has been working on this project. He wanted to introduce other team members who have also been working on this project and acknowledge their work. He thanked City of Tigard staff members working on the largest public works project built in the city and asked them to stand: Citizen and Business Involvement Lead Lauren Scott, City Engineer Lori Faha,Urban Design Lead Gary Pagenstecher,Permitting Lead Susan Shanks, Station Access Lead David Roth, and Sean Farrelly,Lead on Equity and Housing. He thanked project partners present from TriMet: Leah Robbins, Steve Witter,Dave Unsworth and Tom Markgraf. Malu Wilkinson was present from Metro as was Metro Councilor Craig Dirksen. Washington County Commissioner Roy Rogers and State Representative Margaret Doherty were also present. Mr.Asher noted that former Tigard City Councilor Marland Henderson and Councilor- elect Liz Newton were also present. TIGARD CITY COUNCIL MEETING MINUTES —November 13, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 15 He said his presentation would be short since the point of the meeting is to hear from people wanting to testify. He said he gave a lengthier presentation at the October 30 workshop meeting and the materials on the alignment have been available.There are boards in Town Hall and out in the lobby describing the alignment. He described the Tigard portion of the alignment: It enters Tigard north of the Triangle area adjacent to Highway 99W around 68''Parkway and heads south along 70'' (which does not exist today), and west at Elmhurst. It then goes over Highway 217, crossing Hunziker Street, and then travel to the southeast side of Hall Boulevard along the existing railroad tracks down to the terminus at Bridgeport Village. There are stations throughout;one at the north Triangle, one at Elmhurst, one east of Hall that will serve downtown,and one proposed at Bonita Road around 72nd Avenue. There is a station proposed at Upper Boones Ferry at Sequoia but he said that one is likely to be dropped. There is the terminus station at Bridgeport that could be within the Tigard city limits. Mr. Asher listed the many times Council has received updates on this project. He summarized the three votes taken in the City of Tigard.A Charter change added Section 52 in 2012 which says the city shall not increase current taxes or fees for construction costs to build or expand light rail transit. The next vote added Charter Section 53 in March of 2013 that states as a matter of policy, the City of Tigard is opposed to high capacity transit without a public vote and outlined what kind of information would be required to give to the voters. In November 2016 Council,in accordance with Section 53,asked the voters if they approved the SW Corridor project. The voters narrowly said yes. This project is authorized in the City of Tigard by a vote of the public. He noted there is a regional vote slated for November 2020 because this project needs to raise a considerable amount of funding to get built. Tigard voters will not necessarily determine the outcome as it is a regional vote. Mr.Asher said the alignment shown tonight and discussed through much of 2018 is the result of years of study,and balances hundreds of variables related to transportation requirements,land use plans and policies and requirements at the local,regional, state and federal level. They are further influenced by a host of best practice considerations about how to build light rail transit, costs and federal grant competitiveness considerations. The outcome is called the Locally Preferred Alternative (LPA) which was recommended by a Steering Committee that Mayor Cook sits on and which was endorsed by every participating jurisdiction. Tigard is the last to vote on this and it will be considered by Metro formally on Thursday,November 15. He said the LPA is not a perfect alignment and his opinion was that all the partners might share this view because there is no perfect alignment. He said choosing an alignment is a give and take process where net gains are balanced against adverse impacts. The impacts in Tigard are significant, however, they should not be a surprise as they were identified early with the initial route proposal. Staff has been insistent and constant in their advocacy and discussions with TriMet about these concerns.Asa result,an agreement was reached with TriMet, called a Memorandum of Understanding(MOU) which is a statement of intent about how the project will be built in the city limits of Tigard. There are still many things we do not know about the project because it is only 5 percent designed. TIGARD CITY COUNCIL MEETING MINUTES —November 13, 2018 City, of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov I Page 2 of 15 Concerns were made known to Metro and TriMet and Metro helped us get to an agreement that will allow us to work on elements that are crucial for the overall success of the project here in Tigard. This includes how stations and other light rail-related facilities will be sited, a future agreement to share space in a downtown parking structure, collaborating to create employment density near the downtown station and agreement to collaborate on improving the non-transit aspects of our transportation system in Tigard where that transportation system interfaces with the project (active transportation improvements,bike/pedestrian and even road and intersection signalization improvements). A separate MOU has already been signed by Tigard and partner agencies (Tigard,Portland,Washington County,TriMet and Metro) to ensure the preservation and development of affordable housing along the corridor. Community Development Director Asher concluded by saying the issue tonight is for Council to consider authorizing the City Manager to sign the MOU with TriMet and to approve the preferred alignment as recommended by the SW Corridor Steering Committee and all project partners. Staff recommendation is that Council make two motions, one to authorize the City Manager to execute the MOU and one to adopt the preferred alternative by motion. C. Hearing Procedures—Mayor Cook announced that anyone may offer testimony and the sign-up sheet is at the front of the room. He said there was a three-minute limit on testimony. D. Mayor Cook called upon those who signed up to testify. Michelle Cheney, 6640 SW Redwood Lane,Tigard, OR 97224, said she is the Branch Manager of the Portland Clinic located off of I-5 between Carmen Drive and Bonita Road. She has been a Tigard citizen for 14 years and also serves on the Tigard Chamber of Commerce Board of Directors. The Portland Clinic's South Branch is one of six locations in the Portland area which total 600 employees. They are proponents of mass transit and offer transit passes to their employees. They know that many of their 90,000 patients depend on public transportation to get to critical care at their clinics. She said the Portland Clinic is a member of the coalition of Tigard businesses,named the Coalition for SW MAX Railroad Options. They became involved when they learned some routes would force demolition of their South Branch. The loss of the building would have disrupted medical care for 7,000 patients—many of them senior citizens living in nearby Summerfield and King City. The ripple effects would impact many medical provider partners in the region. The Portland Clinic supports the locally preferred alternative approved unanimously by the SW Corridor Steering Committee. Their recommendation includes the railroad route from downtown Tigard to Tualatin which Portland Clinic endorses. She encouraged the Council to support the SW Corridor Plan and the LPA. Bob Niemeyer, 13200 SW Howard Drive,Tigard, OR 97223, said he is an independent mechanical engineer and has been in business in Tigard for 30 years. He said all he sees and hears about from people about the light rail is that property values will jump and drive up TIGARD CITY COUNCIL MEETING MINUTES —November 13, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 15 housing costs. He has yet to see any project involving light rail that has not caused a significant jump in property values and/or housing costs. He noted that there was not a lot of high density housing on this particular route but that is usually what follows when light rail goes in. Rents will go up and people cannot afford to live here unless there are 5-6 people sharing a small apartment. Both of his children have been through this and both have moved home as a result. He said he does not believe that it will only cost$300 per year and thought it would be double or triple that by the time all is said and done. He said he was completely against this and did not see that big a benefit to Tigard. He said he wondered what the big attraction is to get on light rail and go to Bridgeport. Mike Strand,President and Founder of Apex Industries, 12670 SW Hall Blvd.,Tigard, OR 97223 owns a business located right where the light rail is supposed to turn a corner and run down along the railroad tracks. He found out about this route several years ago and former City employee Lloyd Purdy said that it would run down the railroad tracks and would not affect his business. He said he found out weeks ago that in fact, his business would have to go away because the building will not work anymore. This causes a huge problem for himself and his employees. They did a search for other 50,000 square foot buildings for lease within a ten-mile radius of Tigard and found zero. There were only two of that size for sale. There is a shortage of industrial space and finding another location will be challenging. Mr. Strand said ten years ago he had 30 employees and built up to 130 employees now. He supports the local economy. He took the building when it was in a derelict condition and has put millions of dollars into it so they could control their costs for a long period. If he has to move,he will have to pay$15,000-16,000 monthly in rent. Moving cost will be millions of dollars. He said he wanted to go on record that he understands why the property was selected and why the project chose to do that,but he will be hugely and negatively affected by this move. Mayor Cook noted that council received some testimony through emails and letters and read them prior to this public hearing. Lonnie Martinez, 10540 SW Walnut Street,Tigard, OR 97223, said he is a resident and a daily transit user. He serves on the Transportation Advisory Committee, Fanno Creek Trail Committee and on the SW Corridor Project Citizen Advisory Committee for 18 months and has applied to serve some more. Transportation is an economic and workforce development issue. Many,many hours of debate,compromise and consideration were spent to get to a consensus on the LPA. Tigard and the SW Corridor have been represented for multiple years on this project and there has been a lot of opportunity for folks to get involved. He said he jumped on the opportunity as a daily transit user to get to and from work and for pleasure. It is time to move forward and approve this LPA for the future of Tigard and to leave a legacy for future generations. It doesn't take long to look around us and see the growth that is happening. He said he does not see space available to add more roads. He encouraged Council to vote to allow the city manager to sign the MOU and to approve the LPA. Art Lewellen, 1020 NW 9`'Avenue,Portland, OR 97209, said he has been an advocate for this light rail project and is acquainted with others who dedicate their lives to building better transit systems. He said if this project penciled out or had enough things in its favor, as TIGARD CITY COUNCIL MEETING MINUTES—November 13, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 15 opposed to things that are high impact,he would support it. But he cannot support it. He stated a need to thoroughly upgrade the bus system. The busses on the road today are obsolete and they do not convert very well to electric or hybrid electric operation. We have a lot of money we need to invest in the bus system,both in the vehicles and the design of how they incorporate with MAX. He said this is a priority for him and we cannot invest as much as we are in this project with all that it has wrong. He said information coming out about this project is few and far between and no one really knows about all the impact. He said it could be presented before the public for a vote but they would not be voting knowledgeably. The amount of new ridership,as he has figured,is negligible so he has focused instead on bus rapid transit for this corridor, especially on Barbur. He did not see Bridgeport Village as an adequate termination. The line should go to Wilsonville,at least. He left Council some designs and transportation system information which he has also given to Portland and Metro for a fair review. He thanked Council for their work and said he believed if this project does not come to a halt it will be taken to court and he did not want to see that happen. Carine Arendes, 9524 SW North Dakota Street,Tigard, OR 97223, said she was glad to see a full house and there were more people in attendance than at many of the other public meetings she has attended as a member of the Town Center Advisory Commission and a member of Metro's SW Corridor Community Advisory Committee. She urged council to support the LPA. While it may not be the ideal alignment,light rail in the SW area will provide many benefits to our community both in the near term and 20-50 years from now. It is too important to our future to fail to support this opportunity. It is a once in a lifetime opportunity to invest in our community and transportation options for the SW portion of the region. The amount of investment that can be leveraged through a federal transportation project is unparalleled. Many desirable transportation improvements can be completed as part of this project-Building Main Street and the Tigard Triangle,rebuilding Hall Boulevard so it meets our community standards, fixing the Scoggins and Hunziker intersection—these are all projects we have wanted to do for a really long time. No light rail projector single transit project will fix congestion in our community. But what light rail will do is give our community options. Light rail will provide an alternative to I-5 travel through our community and is expected to shift the number of transit trips in the corridor from 9 percent to 16 percent. While light rail will not be used by everyone in the community,it will provide more options for those that have the least choices including the young,the old, people who do not drive or do not have access to a personal vehicle. Ms. Arendes said the provisions in the resolution,especially in Section 13,will ensure that this project serves the downtown, along with the Tigard Triangle and the 72°d Avenue corridor. A lot of people across the region and in Tigard,including members of council, have worked hard to get us to this point. She said she does not want Tigard to be left behind, the only part of the region without light rail. She said not to let the perfect be the enemy of the good and urged Council to vote in support of the resolution. Craig Dirksen, 9131 SW Hill Street,Tigard, OR 97223,is the Metro Councilor for District 3 which includes Tigard. He was Tigard's mayor from 2003 to 2012,has been a resident of TIGARD CITY COUNCIL MEETING MINUTES —November 13, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 15 Tigard for 41 years and is the co-chair of the SW Corridor Steering Committee. This action tonight is a milestone in a very long process that will continue after tonight. It began over ten years ago when the City redid its Comprehensive Plan in response to the reality that the city is going to see a population growth of 20,000 people or more over the next 20 years. He said, "How do we cope with that kind of growth and still preserve and protect our single-family neighborhoods that have made Tigard a great place to live." It was recognized that better transportation choices would be needed to deal with that kind of population growth. Road improvements are planned and have been done,about$25 million was spent on improving Pacific Highway and improvements to I-5 southbound are underway. There are plans to work on Highway 217 and to widen I-205 and also reconcile the bottleneck on I-5 at the Rose Quarter. But it is recognized that those improvements are not going to be enough to provide the transportation system that the region needs and that this city needs to address that growth. It is recognized that the only way to get the additional capacity in addition to those things,is through improved high-capacity transit. Councilor Dirksen said a long evaluation process identified that light rail is the only mode available that will provide the capacity and will continue to provide the capacity we need over the next 20-50 years.The LPA is the result of much collaboration and compromise by all those involved and represents the best possible route through this region with the least amount of impact on existing development and communities. He strongly urged Council to approve the MOU and the LPA and continue to work with TriMet going forward to make sure the final design represents the very best it can be for the city and the region. Roy Rogers, 155 N First Avenue, Hillsboro, OR 97123, said he has been a representative of Washington County District 3 which includes Tigard. He said he was present to express his and the County's support of the LPA. He thanked Mayor Cook for his work on the Steering Committee and also council and staff for the hard work and leadership they have shown. He said this is a difficult project and it takes a lot of courage and tenacity to deal with the variety of issues, some of which we are still dealing with. He also applauded everyone for looking at the future. He mentioned attending a road opening in Tualatin recently and commented at that time that said he would not see what will happen in 30 years because of his age,but we can all count on this light rail project being used by those yet to be born or who have moved here. There have been many issues and compromises made by everyone. Portland compromised on Multnomah Village and PCC. Tualatin wanted it to go to their downtown. Tigard had to adjust as well with plans on Hunziker Street. This has huge economic opportunities. It will increase property values. It will increase jobs. It will increase access to Tigard's neighbors. It will increase mobility. This is a multi-modal project, probably one of the finest examples. There is a lot more work to be done and many more things to discuss and it needs to keep moving forward. The Washington County Board of Commissioners approved this LPA in September and wanted the Tigard City Council to know that they not only expressed strong support but that they want the line to go to Tualatin. He hoped that Tigard would join its neighbors,Washington County,TriMet, Metro,Portland,ODOT,Durham and Tualatin all have supported this as a worthwhile project. TIGARD CITY COUNCIL MEETING MINUTES —November 13, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 15 Mark McGirr,President of Atiyeh Brothers Inc., 6750 SW Bonita Road,Tigard, OR 97224 said David Atiyeh is present as well. Mr. McGirr said he is Co-chair of the Coalition for SW MAX Railroad Options.Atiyeh Brothers and the Coalition support the preferred alternative recommended by the Steering Committee on August 13. He said the detailed and comprehensive work of Metro,TriMet, staff of the multiple jurisdictions involved and the Community Advisory Committee resulted in the best route, after taking into consideration the various and diverse concerns presented along the way. He said he sincerely commended all those involved for their part leading us to the PA. Over the last year and a half that they have been involved in this process they have personally, and the Coalition businesses,have learned a great deal about the multimodal transportation needs of the community and how the extension of the MAX rail line system to serve SW Portland through Tigard to Tualatin benefits both residents and businesses. He said he was not sure how he felt about it one and one-half years ago but now he truly believes it serves the needs of both residents and businesses. It is a good choice and is important for transit-oriented, and general economic development opportunities for Tigard. He said on behalf of Atiyeh Brothers and Coalition Members he requested that the Tigard City Council join the other jurisdiction members and vote to support the PA. James Caster, 7996 SW Ashford Street,Tigard, OR 97224,urged Council to vote no on the plan for a number of reasons. The first reason is that a MAX line will not solve the traffic congestion problem here. He said all one has to do is drive along Highway 26,Highway 84 or I-205 during rush hour. Traffic just crawls so it does not solve the problem. The second reason is the outrageous cost,which is touching$3 billion and will undoubtedly increase over time. He discovered that Metro wants Tigard to pay$550 million for subsidized housing. That is a tax burden of more than$22,000 per household, not a burden he wants to be saddled with. MAX will be subsidized forever as well as the subsidized housing that will be built along the rail line. The third reason is the human impact. Hundreds of homes will be demolished, forcing families to move against their will and dozens of businesses will also be demolished and those will have to be relocated at public cost. When the MAX line went into Gresham,violent crime spiked in Gresham and the same thing could happen here. His fourth reason is the election results in 2014. Both Tigard and Tualatin citizens voted against bringing MAX into their cities. The Tualatin Council listened and voted to stop MAX at their border. But in Tigard the government did all it could to minimize that result with a PR campaign and a smokescreen vote in 2016,which did not mention any costs that would be incurred with subsidized housing. Mr. Caster urged Council to vote no on this plan to prove that they respect the interests of the people of Tigard and if Council approves the plan it shows that they are beholden to big money and the Metro dictatorship,which will then dictate what happens in Tigard with respect to the MAX project and leave the people of Tigard voiceless. Teresa Dunham,Westside Economic Alliance, 10220 SW Nimbus,Suite K-12,Tigard OR 97223. WEA is a business advocacy group on the westside of the Portland Metropolitan Region that brings together the private and public sectors to advocate for policies that will enhance our region and help it to thrive economically. She asked for Council support in recommending the LPA as recommended by the Steering Committee. This LPA has already been endorsed by the other project partners in the region. The Westside Economic Alliance TIGARD CITY COUNCIL MEETING MINUTES—November 13, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 15 has been a longtime supporter of the SW Corridor light rail project. It is a project that has been in the making for about ten years and she understands that Tigard has been at the table every step of the way. She thanked the City for their collaboration with other partners. Ms. Dunham said working together is what makes this a great place to live,work and play. She said this is a timely decision before Council tonight and their vote can impact the mobility of Tigard residents for decades to come. In 2016 people said yes to light rail. People here want options when it comes to transportation. Tonight Council can affirm the voters' decision from two years ago. She asked that there be no further delay with this project. The population has grown significantly since we started talking about this. Washington County welcomes 33 new residents a day or more than 12,000 per year. She said the population of Tigard has probably doubled since she went to high school here in the 1980s. Our state needs us to move people and freight in this region. Washington County is the economic engine of the state and we need tools to help alleviate the congestion on highways and roads. The SW Corridor light rail project will help this and help Tigard meet their goals in being a walkable and connected community. It will also help meet the goal of providing residents and others access to a balanced transportation system with more opportunities for multi-modal use. She asked Council to support our future by endorsing the resolution. House Representative Margaret Doherty, 9370 SW Martha Street,Tigard, OR 97224, said she was here to speak in favor of the proposal on the table. She was on the Planning Commission for eight years and the issues brought up by light rail have all been addressed. She is impressed with the number of meetings held with the public and staff to discuss alternatives and this has been ongoing since 2007. She said it is very important go through and read what is in the staff report as one thing she learned while on the Planning Commission is that staff does a good job giving information to help with decisions. She said staff recommends this proposal and she repeated this and urged Council to approve the LPA and MOU. It is time for Tigard to move on and go along with everyone else in the corridor and approve light rail. Michael Wardwel, 10629 SW Washington Street,Portland, OR 97225, said he did not have a comment but had a question. He has a property bordering 70`'Avenue and Dartmouth Streets. He asked what kind of span will be built there and how it will impact the bordering properties. He asked if there was someone who could address this. TriMet staff were available and spoke to him personally. Elise Shearer, 9980 SW Johnson Street,Tigard, OR 97223 said she has lived in Tigard for nearly 32 years. She asked Council to please keep the words connection and legacy in mind. She spoke in support of the locally preferred option. This is part of the future legacy to the next generations of Tigard citizens. She thanked Council for their active participation in planning that has been going on for eight years. It will allow Tigard to have a more complete and total transportation system to serve our city and the neighboring cities which have long been travelling through Tigard adding to their traffic issues.This route will connect our suburban citizens with faster and more efficient transportation to key educational and health institutions such as our veterans to the VA Hospital and our students to Portland Community College and Portland State University. Tigard businesses will have better TIGARD CITY COUNCIL MEETING MINUTES —November 13, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 15 connections enabling them to participate and access the metro economy and allow their employees another option for commuting and transportation. Ms. Shearer said transportation and housing are two huge factors in everyone's household budget. Many of our citizens that she hears from every day at her job are being driven further and further out of the area, trying to balance the cost of housing with longer commutes. Ms. Shearer said she was excited about the passing of the affordable housing bond and encourages the City of Tigard to participate in the public/private partnerships along the SW Corridor route that will make more affordable housing in our area as properties become available. She said the city already established a relationship with non- profit groups and has a 100 percent success rate with these affordable housing projects. The future station locations in the Tigard area,ranging from a possible three to six,Tigard Triangle, all the way to Bridgeport will help to provide faster access to key essential service locations as well as expanding employment opportunities for our citizens. She asked Council to keep in mind that the biggest hurdles will be to enhance cross-town (east-west) traffic flow and added transit routes to bring people to the stations and to maximize the number of parking spaces in the park and rides that will be needed. She said she encourages the City Council to advocate and plan for these future transportation improvements also and truly make the SW Corridor a resounding success for our city and our citizens. Caron Grover signed up but did not speak. Kate Rogers, 9527 SW Brooklyn Lane,Tigard, OR 97224, said she is the Chair of the Tigard Town Center Advisory Commission and their members have spent the last year educating themselves on the SW Corridor and have served on the Citizen Advisory Committee, held briefings with the staff of TriMet and Metro as well as a joint session with the Tigard Transportation Advisory Committee. Council has a copy of their recommendations based on that thorough look at the SW Corridor and LPA. She reinforced that the alternative along with the Memorandum of Understanding makes this an outstanding alternative. It allows us to link together the Tigard Triangle urban renewal district with the downtown. It increases walkability around those stations as well as equitable business opportunities. More importantly it provides an opportunity to increase affordable housing. She urged Council to sign the Memorandum of Understanding and approve the Locally Preferred Option. E. Staff response to testimony Community Development Director Asher responded to testimony and concurred that it is nice to have so many people here and he appreciated all the testimony. He said the opinions are great to hear and did not have too much to respond to. He said Mr. Castor's testimony had some opinions that came across more as facts and he was not sure of their accuracy. He did not want to refute each one but if there were questions about housing and costs,the appearance of crime on prior projects,past elections,Tigard's Charter,Tualatin's Charter or any other topic he or other people present can answer them in more detail. He felt the rest of the testimony was self-explanatory and did not require rebuttal. TIGARD CITY COUNCIL MEETING MINUTES —November 13, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 15 F. Council Questions Council President Snider asked Community Development Director Asher if he had seen the written testimony submitted by Linda Monahan suggesting a change to the MOU and asked if this language is in the current draft MOU as he could not find it. Mr. Asher said he could not find the words "working towards agreement." Council President Snider said since he,Mr.Asher, and Mayor Cook did not see that language, he would move on. Council President Snider asked about written testimony from the Crestwood Homeowners Association and whether adjustments should be made to the description of station connections on 68t'Avenue and 99W. He said they are asking Tigard staff to work with Portland staff. Mr. Asher said if we are being asked to collaborate so it is a safe and convenient access for riders,he concurred. Councilor Woodard asked when Council was told of the operations yard on the east side of Hall Boulevard and how recently was that alignment change made. Community Development Director Asher said they were probably made aware in 2016. Councilor Woodard said he did not see this alignment until April or May of 2018. If anyone saw that before that timeframe he was not included. He asked for the exact date it was presented. Councilor Woodard said he learned of the LPA in August of 2018 at a meeting where the Steering Committee made a recommendation to the Metro Council to approve the preferred alternative. He said staff says we do a good job of keeping the public informed of public meetings but there was nobody there but elected officials,board members and a few residents and business owners, only 15 people were at that very important meeting. He did not understand why that room was not full. He said if Mr.Asher was telling him this alignment came to the Tigard City Council in 2016, this is a shock to him. Councilor Woodard said he had no faith that politicians or special interests are going to stay committed to an MOU. He asked City Attorney Rihala if an MOU has any legal bite to it and if not,what instrument does. City Attorney Rihala replied that an MOU is not written to be judicially enforceable but is a legally binding document in that it is a contract signed by two parties. Councilor Woodard said he had no doubt that in 3-10 years from today things will have moved forward but he did not believe there was enough bite to this deal to solidify it enough for the taxpayers. He asked again when the Maintenance& Operations Facility and LPA changed because he did not see it. Council President Snider said he was not aware of it until then or maybe a few weeks before. Community Development Director Asher recounted the meetings and briefings held through 2016 and mentioned March of 2018 where a comprehensive update was held and he is very sure that it was discussed at that session because we were very close to having an Initial Route Proposal selected. He was unsure if this was the first moment Council heard of it Councilor Woodard said he is not anti-rail but is anti-huge tax increase. He said he was supportive until the alignment went "so far out of whack." This public process changed dramatically within the last six months and for the most part, the public does not know what these changes are or how it will impact their environment,politically, socially or economically. They do not know it and are in for a surprise. TIGARD CITY COUNCIL MEETING MINUTES —November 13, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 15 Mayor Cook closed the public hearing. H. Council Deliberation Councilor Woodard read a statement. "This will be my last statement. I will only be at a couple more meetings so I want to make sure I leave my historical statement documented for this point forward. I have no doubt the SW Corridor MAX light rail preferred alternative will be approved this evening by Council. The resolution is recommended by the Project Steering Committee. This will pass quietly into the night and for some time and within the next few years fixture council members and the public will bear the brunt of our decisions tonight should the 2020 SW Corridor regional light rail project pass a regional vote. And should TriMet's moral obligation within tonight's resolution fall on deaf ears sometime in the near future, I hope that's not the case. I really don't. Because early on I was for this,up to about six months ago, and the reason, the only reason, I ran for mayor. I said many times eight years was enough,but this is just wrong, the way it was done. This isn't what I signed on for and this is what I fight for. What's concerning to me tonight is the only legal commitment I see by TriMet within this resolution can be found in Section 9 which states, `TriMet and Tigard will develop an intergovernmental agreement (that is the legal document, that is the one with teeth), to define the scope and budget necessary for staff participation in project activities.' That's it. That is the only legal commitment. It does not guarantee or make a legal binding commitment to assign or fund responsibility or accountability to meet Sections 1-8 of resolution which specifies and identifies the things Tigard needs,materially and financially from the project,which were thoroughly identified within a City of Tigard memorandum dated October 22, 2018,and titled The SW Corridor MAX Light Rail Project's Compliance with State-Mandated Land Use Criteria in the City of Tigard. This is where Criteria 3 and 11 come from. These things are important and you're not going to get those details tonight. If you weren't in previous meetings you don't know what that is nor do you know the impact of not having those things. Most specifically, Criteria 3 will tell you that the preferred alternative rail alignment, economic and social and political impact,in short. And Criteria 11 is to maintain downtown Tigard as the city's primary transit center for rail and bus,which it doesn't. So you have a disconnect at city center and you have no connection to the downtown area. That's a problem. My no vote tonight is based on what I determine to be a risky business deal for the City of Tigard and taxpayers,which I believe is more likely than not to cost Tigard homeowners and businesses dearly within the next 4-10 years for lack of a legal intergovernmental agreement with TriMet to meet Tigard's Criteria 3 and 11 land use criteria for city master plans,land use and city goals. These compliment the state land use goals and they are not going to do that. By voting no tonight I hope it serves as a call to action for the new council and fixture councils to hold TriMet accountable to meet our state-mandated criteria as envisioned by past and current hardworking staff,boards, committee and commission members and former councilors, and without unnecessary financial harm to city services,programs and the taxpayers. My hope for Tigard is that the next council proves my no vote wrong. I really do. Prove it to me that I'm wrong." Councilor Anderson said he had no reason to think that TriMet will not comply with the MOU. He was on the committee with staff and TriMet working on Tigard's concerns with land use issues. He said they reached a good compromise. They negotiated and Tigard got TIGARD CITY COUNCIL MEETING MINUTES—November 13, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 15 a very good deal. Tigard is not putting any money into this. It is adjacent to downtown and will serve downtown. It is 5 percent engineered so we don't know exactly how the transit center will fit into that but we have a very good planning staff here and we will develop the downtown into a place that Tigard will be proud of. Council President Snider said he struggled with a few criteria and to determine if this is the best compromise he needs answers to a few questions. He said he is stake holding for city residents and asked for the estimated additional capital expense and impact on travel time a project west of Hall Boulevard would incur. Mayor Cook reopened the public hearing at 7:49 pm. Community Development Director Asher clarified that the west of Hall Boulevard station location has long been discussed in the context of the Minimal Operating Segment (MOS). TriMet Director of Project Development and Permitting Unsworth referred to Washington County Commissioner Rogers' earlier comments that everyone wants it to get down to Bridgeport Village in Tualatin and the intent of the project is to do that. The MOS is not part of the LPA being voted on today. The MOU though, says if there is not enough money they will look at shortening the line and having a Minimal Operating Segment that stops in Tigard.TriMet will work collaboratively with the City of Tigard to form a recommendation that would go to the Steering Committee. He said the question is why we would not want to turn north and cross on the west side. There are similar impacts, the line would go up and over the railroad at 23.5 feet from the bottom of the rails to the bottom of the structure, coming up over Hall Boulevard and impacting the City Hall buildings and probably not landing until after Ash Avenue. So we would be going out of direction and adding probably$80 to $100 million in cost. It does not set things up well to eventually go on south to Tualatin.The Steering Committee said it is important to go to Bridgeport but the project may be phased and the environmental impact statement will have an MOS statement as required by federal partners. It would add six minutes of additional travel time. Mayor Cook closed the public hearing at 7:52 p.m. Council President Snider commented that we've been at this for years and have had the details for months. He said he doesn't love it but the question we always have to ask is, "Can I live with it?" and from that standpoint he is supportive of the project, satisfied with answers he just received and prepared to act. Councilor Goodhouse said there were different public votes and for the first ballot measure he gathered signatures so Tigard residents could have a vote. On the third vote he was on the council and stayed silent so he could get a true feel from the voters. It did barely pass so he takes the will of the voters into account. There was more of a process in Tigard than in other cities and the Charter changes have made a difference as far as the citizens having a say in it and the funding. He said he has stayed true to making sure Tigard is not putting any money into it except for staff time as stated in the agreement. He noted that comments TIGARD CITY COUNCIL MEETING MINUTES —November 13, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 15 were made tonight on enforcing the MOU with TriMet and said that the MOU will be entered into the Federal Transportation Agency and if TriMet does not follow through, Tigard can go to the FTA to affect or stop the project. Council President asked if language needed to be added to the resolution about collaborating with Portland on the Crestwood neighborhood issues. Community Development Director Asher said the MOU is specific to Tigard and TriMet and the design of the project in Tigard. But this is a non-controversial item not requiring a side agreement with TriMet. He said Tigard will be collaborating with Portland on the north and Tualatin on the south. Mayor Cook agreed there are no perfect alignments. This is a negotiation and we have to move forward. Tonight is not a vote on light rail or not;it is a vote on the LPA.There are many things we will still fight for such as walkability around all stations or better bus service. We will continue to work with other entities to improve connections between Hillsboro and Tigard, for example. With the number of people coming here congestion will increase. This doesn't solve the congestion but will reduce the increase. Mayor Cook said his second point is that citizens can make a change. Looking over his years on this committee, he remembered a time ten years ago where, as a representative of the Tigard Chamber of Commerce, they got on a TriMet bus at the Tigard Water District Building and toured the corridor. He said, "Ask anyone along I-5 alignment or the Portland Clinic and other medical offices if their speaking to the committee made a difference.Ask the ballroom dance company if their communication made a difference. Ask the business owners on Beveland Street.Ask any low-income housing advocate in areas near our downtown if their advocacy made a difference. It did." It isn't the best alignment, but it is the best we could come up with. Because other citizens spoke up it caused the alignment to change. He noted that Council President Snider often states that we better have a darn good reason to not follow through with a city board or committee recommendation. And committees such as the Tigard Transportation Advisory Committee and the Town Center Advisory Commission both asked Council to unanimously approve this which carries a lot of weight.They are not staff,TriMet,Metro or Washington County; these are our citizens, and they are asking us to approve this. He said this is why he will be voting for this. Council President Snider moved to authorize the City Manager to sign a Memorandum of Understanding (MOU)with TriMet for the SW Corridor MAX light rail project. Councilor Anderson seconded the motion. In response to a question from Councilor Goodhouse, City Manager Wine said she will sign the agreement tonight and it will be delivered to TriMet for signature tomorrow. Mayor Cook conducted a vote and the motion was approved by majority vote. TIGARD CITY COUNCIL MEETING MINUTES —November 13, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 13 of 15 Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Council President Snider moved to approve Resolution No. 18-47 approving the Preferred Alternative alignment as recommended by the Project Steering Committee and endorsed by the project partners. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 18-47—A RESOLUTION APPROVING A PREFERRED ALTERNATIVE ALIGNMENT FOR CONSTRUCTING THE SOUTHWEST CORRIDOR LIGHT RAIL PROJECT IN THE CITY OF TIGARD, as recommended by the Project Steering Committee and project partners Mayor Cook conducted a vote and the motion passed by a majority vote. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ 3. EXECUTIVE SESSION None Scheduled. 4. NON-AGENDA ITEMS None 5. ADJOURNMENT At 8:03 p.m. Councilor Goodhouse motioned for adjournment. Councilor Anderson seconded the motion and Mayor Cook conducted a vote. The motion to adjourn passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ TIGARD CITY COUNCIL MEETING MINUTES —November 13, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 14 of 15 Carol A. Krager, City Recorder Attest: �0' John L. k,Mayor Date TIGARD CITY COUNCIL MEETING MINUTES —November 13, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 15 of 15