Kenneth C. Martin Blogs: TriMet, PBOT say no further federal study needed on Gideon Overcrossing project

“We disagree that a Supplemental EIS is needed.”
— Dylan Rivera, PBOT

TriMet and the City of Portland are refuting one of the central arguments being made by a business owner who wants to derail the Gideon Overcrossing project.

As we reported yesterday, several businesses on SE 14th are very concerned that the proposed bridge and elevators over light rail and Union Pacific Railroad tracks near Clinton Street Station will have a major negative impact on their ability to unload trucks and access loading zones and parking lots.

As designed, the structure that would land on SE 14th would use only existing public right-of-way, but it would constrain space currently used by truck operators to access businesses. There are also fears that what some consider a heavily industrial street will be too dangerous for the added volume of walkers and bikers that will use the new bridge.

One of those business owners, Michael Koerner of Koerner Camera Systems, is so upset with TriMet and the Portland Bureau of Transportation over how they’ve rolled out the project, he hired a land-use attorney to fight it. Koerner has several beefs with the project and the agencies behind it; but the central argument — as laid out in a letter from his lawyer to the regional head of the Federal Transit Administration — is that a Supplemental Environmental Impact Statement (SEIS) must be completed for the project. This federally regulated review would be a massive undertaking for TriMet and would delay a project that is close to breaking ground.

Koerner says he supports an overcrossing, but not at 14th right outside his business. He and his attorney Jennifer Bragar of Tomasi Salyer Martin say it should be built several blocks east at SE 16th Avenue — at the same location of the old crossing that was torn down in 2013. They say they’ve been blindsided by the location at 14th and that the Final Environmental Impact Statement (FEIS) completed in 2010 for TriMet’s Portland-Milwaukie Light Rail Project never mentioned the new location.

In her letter to the FTA, Brager wrote: “The FEIS did not suggest that the bridge would be replaced in a location that differed from its original siting at SE 16th and Gideon.”

But that’s not accurate, say TriMet and PBOT officials.

TriMet Communications Manager Roberta Altstadt contacted us yesterday to say, “Claims were made that 14th Avenue was not considered in the FEIS. It was.” Altstadt supplied an excerpt from the PMLR Project FEIS (PDF). On page 2-12, it states:

“In addition, a pedestrian overcrossing of the UPRR tracks currently located west of SE 16th Avenue and SE Brooklyn Street would be removed. A new pedestrian overcrossing that would include ramps meeting ADA requirements would be constructed from SE 14th Avenue over the UPRR to the Clinton Station… the construction of this overpass would be deferred, but the project will still be designed to meet ADA requirements and includes the other station area access improvements described above.”

View from Koerner Camera Systems looking out on SE 14th where the Gideon Overcrossing would be built. The big rig is right where the elevator and stairs would come down.
(Photo: Lisa Cicala)

Altstadt also reiterated that the initial scope of the project would have required the removal of the building currently occupied by K & F Coffee Roasters and that the current proposal has a lesser impact.

PBOT Public Information Officer Dylan Rivera also contacted us with a statement about the project. “We disagree that a Supplemental EIS is needed,” he wrote in an email yesterday.

Rivera said PBOT and TriMet are working together to reduce the project’s impact on loading and unloading activities. As for concerns from business owners that the project will introduce a major safety hazard to bicycle users and walkers, Rivera says, “This is a low-traffic street with low-speed vehicle traffic. We think bicycles, pedestrians and freight can be safely accommodated here, as they are in many other locations in Portland.”

Rivera added that they’re considering creating a new loading zone for Sustainable Northwest Wood, another business on 14th that requires large truck access. Currently, those trucks park in the middle of the street and unload with a forklift. Rivera says the trucks create a major safety hazard and that a new loading zone would improve sight lines for all users. The catch is, it would require removal of several on-street auto parking spaces.

To cement his case that 14th in this location is a very low-traffic street, Rivera supplied us with recent traffic counts. On December 12th, PBOT counted 320 total vehicles, including three large tractor trailers and 33 small and medium-sized trucks. The count was similar to previous counts PBOT has performed at this location in 2015 and 2016. For reference, PBOT’s standard for Neighborhood Greenways is fewer than 1,000 cars/trucks per day and their new “Shared Streets” standard is less than 500 cars/trucks per day.

In an email after our story was published, Koerner emphasized his concerns about safety. “The safety issue is paramount, the congestion which will be created with the structure in front of my office will cause additional safety concerns. Everyone on the street wants safety studies completed before the bridge is built.”

He also supplied us with several letters from people opposed to the project. One of them is Lisa Cicala, executive director of the Oregon Media Production Association (OMPA), a non-profit based in Koerner’s building. Cicala shared the image above and wrote, “Considering the industrial traffic on this road, it’s so important to take these safety concerns into serious consideration. If an injury can be prevented or a life saved because due diligence was done, it will be worth it.”

“Safety studies” are much different than a federally regulated SEIS done according to the National Environmental Protection Act review process. Perhaps Koerner and others would be satisfied with a compromise where TriMet and PBOT complete a safety plan/report and promise certain mitigations if/when safety hazards crop up? We’ll see.

— Jonathan Maus: (503) 706-8804, @jonathan_maus on Twitter and jonathan@bikeportland.org

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