City Council Minutes - 03/08/2011 Agenda Item No. 4.A.1
Meeting Date: April 26,2011
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" City ofTigard
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Tigard Business Meeting — Minutes
TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD
MEETING DATE AND March 8, 2011 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting
TIME:
MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR
97223
• STUDY SESSION
Councilor Buchner called the meeting to order at 6:30 p.m.
Name Present Absent
Mayor Dirksen ✓
Council President Buchner ✓
Councilor Henderson ✓
Councilor Wilson ✓
Councilor Woodard ✓
Staff present: City Manager Prosser, Assistant City Manager Newton, City Recorder Wheatley Assistant
Community Development Director Hartnett,City Attorney Ramis,Finance Confidential Executive Assistant Lutz,
A. Review Resolution 08-47 that Establishes a Process to Form Ad-Hoc,Limited-Duration Citizen
Advisory Committees
Associate Planner Caines reviewed this agenda item. Resolution No. 08-47,which amended the process to
form and appoint limited-duration, ad-hoc citizen advisory committees (CAC), called for a review and
evaluation of the revised process. She reviewed the experience of the new,two-step process that has been
used since 2008. Staff members advise the process is working well except for one issue. Staff recommends
that a one-step process be available when a citizen advisory committee can be formed from the membership
of a long-standing committee (i.e.,Planning Commission or Transportation Advisory Committee).
Discussion followed on the process,with clarification by staff regarding how Committee members are
recruited and selected. Councilor Wilson suggested that sometimes it might be better to have a random
selection of citizens to serge on a committee rather than make up the members of individuals representing
certain interest groups. During discussion,Assistant Community Development Director Hartnett noted
that some committees'have requirements for membership from certain fields. At other times, effort is
made to bring polarizing interests to the table so that as the matter moves forward and eventually comes to
the City Council, the Council knows that those interests have been heard. Councilor Wilson agreed there
are times when soliciting membership from interest groups is appropriate.
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The nature of citizen advisory committees was discussed and how they have been formed and utilized in
recent history. At times an existing standing committee is asked to serve as the short-term citizen advisory
committee on a particular project.
Council President Buehner commented that the new process appears to be working. Councilor Wilson said
he agrees, except for those instances where special interest group representation is not needed. In response
to Councilor Woodard, Councilor Wilson said there have been occasional issues with individuals who were
disruptive; therefore,it is important to vet membership carefully. He added that training and familiarizing
the membership with the city's code of conduct is also helpful. Assistant Community Development
Director Hartnett shared that sometimes the city receives more applications than there are vacancies for
standing committees. Staff will look at these applications for the short-term committees because these
individuals have shown interest in volunteering.
Staff will bring forward a proposed resolution for Council consideration at a future business meeting.
B. Review of 2012 Community Event Funding Requests
City Council reviewed the list of community event funding requests and determined its recommendation
that will go forward to the Budget Committee. Finance Confidential Executive Assistant Lutz reviewed this
agenda item with the City Council.
Finance Confidential Executive Assistant Lutz advised that the Chamber of Commerce's Tigard Area
Visitor Center requested$13,000 under the social services grant applications. This is characterized more as
a community event, so City Manager Prosser suggested the application be moved to the community event
grant process. One application received for an event grant was moved to social services subcommittee
review (Compassion Tigard Clinic).
Councilor Henderson did not participate in this discussion as he is affiliated with one of the applicants, the
Tigard Area Farmer's Market.
City Manager Prosser referred to past practice of allocating .5 percent of the General Fund for community
event funding. This year, the total requests of the requests received is $4,000 more than what is available.
This .5 percent allocation can be adjusted if the City Council so determines.
City Council and staff reviewed the applications received with Council consensus to recommend to the
Budget Committee funding in the amounts as noted below:
Amt. recommended by
City Council
Broadway Rose Theatre
$10,000 Funding by agreement with the City of Tigard (Resolution) $10,000
Festival of Balloons
$10,000 funding by agreement with the City of Tigard (Resolution) $19,000
$65,000 in kind
Tigard 4`h of July
$7,500 funding by agreement with the City of Tigard (Resolution) $13,000
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Atfalad Recreation District—Southside Little League $2,919
City of Tigard Dog Park 400
Tigard Area Farmer's Market 8,500
Tigard Chamber Visitor Center 12,000
Tigard High Graduation Party 2,000
Tigard Historical Association 1,500
Tigard Safety Town 4,000
Tualatin Riverkeepers 3,000
Tualatin Valley Community Band 2,000
C. Administrative Items—City Manager Prosser and City Council reviewed the following.
o Council Calendar
■ 3/15/2011 - Council Workshop Meeting CANCELLED!
■ 3/22/2011 - Council Business Meeting
■ 3/29/2011 - Council to Meet with Tualatin Valley Fire and Rescue Board (dinner at 5:30
p.m.);meeting at 6 p.m., at TVF&R new headquarters, 11945 SW 70th Avenue,Tigard.
TVF&R will prepare the agenda and requested Tigard Council suggestions for agenda
items.
■ 4/7/2011 - Pacific Highway/Hall/Greenberg/Main Completion Celebration -Liberty Park,
3:30 p.m.
■ 4/7/2011 - Meet the City Council-Tigard Chamber of Commerce, 1234 SW Main Street, 6-
7 p.m.
o Youth Advisory Council Presentation—City Recorder Wheatley advised the students are present to
give a report to the City Council during the business meeting. Several of them also are performing
in a concert this evening. Council President Buehner and Council members conferred briefly and
determined the Youth Advisory Council presentation would occur immediately after the Flag Salute
so the students can leave for their concert.
o City Manager Prosser advised that the Executive Staff has discussed the City Council goals for this
calendar year. The staff's recommended work plan on the 2011 City Council goals was distributed.
Staff members who have goals would like to come to the City Council to give an update on goal
progress at a workshop meeting to bring some things to the City Council's attention for the goal(s)
their department is working on and to have an exchange with the City Council on the timeline and
activities planned.
• EXECUTIVE SESSION: Not held.
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1. BUSINESS MEETING
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A. Call to Order: Council President Buehner called the Tigard City Council and Local Contract Review Board
meeting to order at 7:31 p.m.
B. Roll Call
Name Present Absent
Mayor Dirksen ✓
Councilor President Buehner ✓
Councilor Henderson ✓
Councilor Wilson ✓
Councilor Woodard ✓
C. Pledge of Allegiance
ikinda Item No. 5 was heard out of order at this time by the City Council:
UPDATE OF TIGARD YOUTH ADVISORY COUNCIL ACTIVITIES:
Present from the Tigard Youth Advisory Council (TYAC): Allison Burke, President;Narin Luangrath,Vice
President, Nellie Johnson, Secretary.
Ms. Burke and Mr. Luangrath presented their report,which is highlighted in thew-PowerPoint presentation on
file with the packet information.
The TYAC worked on the following events last year:
• Adopt a Family—Thanksgiving
• Christmas for Kids
• Adopt a Family—Christmas
• Family Movie Night
The TYAC's goals for the coming year include:
• Recruit members
• Become more involved in the community by attending City Council meetings and plan more family
events
• Volunteer in the community
Future TYAC activities include:
• Volunteer Day—Oregon Humane Society
• Park Cleanup
• Adopt-A-Road
• Good Neighbor Center Dinner
• Bike Safety Fair
D. Council Communications &Liaison Reports: None
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E. Call to Council and Staff for Non-Agenda Items: None
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2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication: None
B. Tigard High School Student Envoy Tracie Tran updated the City Council on activities at Tigard High
School. A copy of her report is on file with the meeting materials. Im
C. Tigard Area Chamber of Commerce Executive Director Debi Mollahan updated the Cit�itS- Council on
activities at the Chamber. A copy of her report is on file with the meeting materials. IJ
D. Citizen Communication—Sign Up Sheet: None
°J Council President Buehner reviewed the Consent Agenda items listed:
3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board)
A. Approve City Council Meeting Minutes
1. January 18, 2011
2. February 8,2011
B. Receive and File:
1. Council Calendar
2. Council Tentative Agenda for Future Meeting Topics
C. Local Contract Review Board—both as LCRB and as City Council
1. Award Contract for City Attorney Services to Jordan, Schrader,Ramis PC
2. Award Contract for Franchise Attorney Services to Beery Elsner&Hammond LLP
3. Award Contract for Prosecutorial Services to Larry J. Blake,Jr.
4. Award Contract for Labor Attorney and Employment Law Services to Bullard, Smith,
Jernstedt&Wilson
5. Award Contract for Real Estate Legal Services to Jordan, Schrader,Ramis PC
Motion by Councilor Wilson, seconded by Councilor Henderson, to approve the Consent Agenda.
The motion passed by a unanimous vote of City Council present:
Yes No
Mayor Dirksen Absent
Council President Wilson ✓
Councilor Buehner ✓
Councilor Henderson ✓
Councilor Woodard ✓
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This item was rescheduled to the April 12, 2011 Tigard City Council Business Meeting.
5. UPDATE OF TIGARD YOUTH ADVISORY COUNCIL ACTIVITIES (see above; this item was heard
out of order)
6. QUASI-JUDICIAL PUBLIC HEARING TO CONSIDER VACATION OF RIGHT OF WAY ON
BURNH AM STREET ADJACENT TO MASTSUMOTO PROPERTY -VACATION (VAC) 2010-00001
The following is the notice of the hearing:
The Tigard City Council will hold a public hearing on Tuesday,March 8, 2019, at 7:30 PM at the
Tigard City Hall, Town Hall Room, 93 925 SW Hall Boulevard, Tigard, Oregon 97223 to consider
the proposed vacation of approximatey114 square feet of unimproved public right-of-way adjacent
to the Matsumoto property located at 8770 SWI Burnham Street.A potion of the Burnham Street right-of-
way has been realigned to accommodate the construction of street improvements and as a
result, is no longer in an area that will be improved and is proposed to be vacated.
This vacation was initiated by the City Council on January 25, 2011.Any interested person may
appear and be heard for or against the proposed vacation of said Burnham Street Public light-of-
Way Vacation.Any written objections or remonstrances shall be filed with the City
Recorder by 7:30 PM on March 8, 2011.
a. Open Public Hearing—Council President Buehner opened the public hearing.
b. Statement by City Attorney Regarding Procedure—City Attorney Ramis reviewed the hearing
procedures.
C. Declarations or Challenges IJ The following questions were asked of City Council:
-Do any members of Council wish to report any ex parte contact or information gained
outside the hearing,including any site visits? None reported.
-Have all members familiarized themselves with the application? Yes;all indicated they were
familiar with the application.
-Are there any challenges from the audience pertaining to the Council's jurisdiction to
hear this matter or is there a challenge on the participation of any member of the Council? There
were no challenges.
d. Staff Report: Community Development Staff
Associate Planner Caines presented the staff report; the agenda item summary is on file with the
meeting material.
e. Public Testimony IJ
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There was no public testimony.
f. Staff Recommendation—Associate Planner Caines advised staff recommends that the City Council
approve the vacation of the right of way.
g. Close Public Hearing-- R Council President Buchner closed the public hearing.
h. Council Discussion and Consideration: Ordinance No. 11-01
Councilor Wilson noted this area was quite small and referred to the City's cost to process this right-
of-way vacation and asked if the property owners have a use for this property. Associate Planner
Caines said the property owners are using this area for landscaping. Engineering Manager McMillan
reported that this vacation of 114 square feet is insignificant as far as value and use; however, during
the process of acquiring right of way and easements,this was part of the negotiations. The property
owners'access was impacted with the Burnham Street project making their driveway a right-
in/right-out only. They also are sharing a driveway now with the Frontier business. This vacation
was one of the items requested by the property owners along with some action on another parcel of
property that will be before the City Council later.
Motion by Councilor Wilson, seconded by Councilor Henderson, to approved Ordinance No. 11-
01.
ORDINANCE NO. 11-01 -AN ORDINANCE VACATING APPROXIMATELY 114
SQUARE FEET OF PUBLIC RIGHT OF WAY ALONG SW BURNHAM STREET IN
THE CITY OF TIGARD,WASHINGTON COUNTY, OREGON (VAC2010-00001)
Yes No
Mayor Dirksen Absent
Council President Wilson ✓
Councilor Buehner ✓
Councilor Henderson ✓
Councilor Woodard ✓
7. STATUS REPORT ON PROGRESS OF GREENWAY TRAIL SYSTEM MASTER PLAN
Trail System Master Plan Citizen Advisory Committee Members present: Scott Bernhard,DC,John Buscek,
Dave Lienberger,Eric Lindstrom, and Paul Whitney.
Project Planner Roberts presented the staff report. The development of the City's first-ever Greenway
Trail System Master Plan (GTSMP) has been underway since July 2010 and is scheduled to wrap up in April
2011. Financed by an Oregon Department of Transportation (ODOT) grant, this project includes a
combined citizen and technical committee who have been working with a three-firm consultant team
(Kittelson&Associates,Alta Planning + Design, and Mason,Bruce & Girard) gathering information and
conducting research to guide the new master plan.
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Tonight,members of the Trail System Master Plan Citizen Advisory Committee shared their views and
impressions with Council on development of the Trail System Master Plan, and answered questions from
the City Council. On April 19, 2011 the project's consultant team will give a more technical presentation to
Council.
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CAC member Eric Lindstrom advised the development of the Plan was well organized, managed and
attended. The consultant did a good job. The consultant was able to assemble well-constructed,reliable
information to help assess most effective and desirable routes. The trails offer all kinds of benefits,not just
for transportation. Besides connectivity,these trails represent an educational opportunity and a way for
citizenry to connect more deeply with their environment. When a community relates in a positive manner
to the environment, there is less need for the recourse of law and more positive participation for making
land use decisions. Mr. Lindstrom said the educational benefit was subtle. He suggested the Planning staff
be asked to come up with more ways to manage the connection of citizens with these trails. He referred to
the presentation earlier in the evening by the Youth Advisory Council members, and it came to him that
these trails are being planned for them, the youth. He suggested that a focus group be formed with high
school students to determine what might help them connect more regularly with use of these trails.
CAC member Dave Leinberger said he has lived in Tigard for 18 years. He previously lived by the High
School and enjoyed Cook Park. He now lives near Genesis Loop and enjoys the trails there. He noted that
the City needs connectivity with the trails throughout the community to access the parks. Mr. Leinberger
noted he now has to drive to the parks but he would like to be able to access them through a trail system.
He rides WES to his workplace in Wilsonville and noted it is treacherous to ride his bike to catch the WES
because the trails are not lit. Connecting the trails to the WES would be an advantage. He acknowledged
there are bike lanes on streets,but noted his preference to ride a bicycle on a trail away from motor vehicles.
CAC member Scott Bernhard noted he has served on the Tigard Parks and Recreation Board for the last
eight years. He referred to the PRAB's focus over the last number of years on acquiring land to add to the
park system. An evaluation process was developed and one of the criteria was to identify how a parcel of
land connected to the existing trail system. The mandate to have a greenway trail system goes way back in
the City's history and referenced documents calling for a trail system in the early 1970's forward. Many
things have come to fruition. He noted there has been a consistent can from the citizens for connectivity of
a trail system. There are a lot of loops that need to be achieved. Some of the recent professional assistance
has provided multiple options for closing some of the loops to further trail system connectivity. There are
challenges ahead but, he said, the longer he has been involved in planning for parks and trails, he has
learned that not only are they aesthetically valuable,they are important for transportation and to get the
public out to feel, see and touch what we have before us. Mr. Bernhard asked for the continued support of
the City Council.
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CAC member John Buscek referred to the lack of connectivity between parks in the community. He spoke
in support of the work underway=to develop a plan for a greenway trail system master plan.
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CAC member Paul Whitney advised he lives on Bull Mountain. He referred to the Aspen Ridge
development and at the time this was built he had advocated connectivity through sidewalks and trails, but
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felt he did not make much headway. He supports the work being done now for a greenway trail system
master plan. He said he sees there is a priority to connect the Library, Cook Park and Tualatin because of
all the activities that occur at these locations. He spoke to connections to the Fanno Creek Trail. Mr.
Whitney also noted the need to protect wetlands and provide additional signage to mark the trails. He said
there is an issue to be resolved regarding a trail through the City of Durham.
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Councilor Wilson asked Mr. Whitney to identify the trail connection at the City of Durham,which loops
from Durham Park to the Clean Water Services property. Mr. Whitney said CWS does not want a trail on
their property. The proposed trail would cross Fanno Creek three times. Mr. Whitney spoke about three
property owners that should be approached about right of way or purchase of property for a trail.
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Councilor Wilson commented that Summerlake Park shows a connection to the west,which would be easy
to do since the City owns that property. The trail ends at Barrows Road (Beaverton/Tualatin Hills Park and
Recreation District) where Summercreek meanders through a densely populated area. This trail could also
form a link to the power line trail at a relatively flat grade. He wondered if there has been coordination
with the Tualatin Hills Park and Recreation District and if there are trails planned in that area. Mr. Bernard
responded that part of the connectivity in the Tigard Master Plan is to connect to regional trails outside of
our district. The most focus has been on the inter-connection with the City,but he agreed that trails should
be connected to jurisdictions such as Metro,TTNLP,Westside trails, etc. Councilor Wilson said there is a
temporary bridge at Barrows Road,which will eventually go away. Barrows might be a good link to the
power line trail eventually. Project Planner Roberts said the power line trail was identified in the THPRD
bond measure that passed a couple of years ago. There are firm plans to infill gaps in the THPRD portion
of the power line trail in two years,which will include extending the existing power line trail across the
"football"between Beaverton and Tigard and connecting at the City limits at Barrows Road. The trail
would continue to the Nature Center, a distance of six miles from the City limits. This will be a great
recreational opportunity for Tigard residents.
IR
Project Planner Roberts said there is a $300,000 Master Plan Study that will commence soon that will
include looking at linkages to local trail systems and neighborhoods. The City of Tigard will have a seat at
the table and the hope is that this will lead to future projects that will result in Tigard building part of our
trail.
IR
Councilor Woodard agreed with Mr. Lindstrom's comments about the importance of the trails, connectivity,
and planning for the future (the kids today). Councilor Woodard said he attended an Economic
Development Planning meeting last week where the discussion was on the planning efforts for those of all
ages. The parents today represent the youth and added that we are all"kids at heart" as we enjoy nature,
exercise and walking the trails. He said he appreciates the connectivity=of the pathways. At the same time,
he cautioned that he must look at how this will look in the future and has questions/concerns.
0
Councilor Woodard referred to the earlier comment about lighting and security. He said he lived in
California and shared that there was a trail (bikeway) system along the American River in Sacramento. On
this trail there were solar-powered 911 emergency telephones. He personally-was able to get medical help to
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an injured biker because of the availability of these telephones. He noted he likes being able to utilize solar-
power and "green" applications for lighting and security. He acknowledged that everything hinges on
funding/costs. Mr. Leinberger said security has come up in discussions. In the complete report from the
consultants, there are references to signage that would help people know where the next trail segment is
located,identification of parking for trail access, and lighting, etc. Other comments from individuals
included the need for bathrooms and places to get a drink of water along the trails. Councilor Woodard
urged that discussions continue on these types of things for later consideration.
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Councilor Henderson commented on the trail connectivity, noting that some sections are more difficult
than others. He said it appears to him that it would be the will of the people that this would happen. He
asked if there were other groups that are looking at trails now;i.e., schools. He wants to make sure that all
interested people are being utilized. Project Manager Roberts said there is a volunteer coordinator in the
Public Works Department who does planning along trails and natural area restoration. Recently the
Woodard Park to Grant Avenue segment was the subject of a presentation in Salem where Tigard staff
sought grant funding. The project will include restoring this section of the trail,which has degraded since it
has been used for industrial, storage and parking. The path contains a lot of non-native vegetation. As part
of the Woodard Park/Grant Avenue project,the City will perform a lot of restoration along the creek and
within the natural area. The City is also seeking to buy property downstream that will be a large restoration
project.
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To further follow up on Councilor Henderson's comment,Mr. Lindstrom said the City is probably utilizing
its resources well; however, they can always be utilized more. He said we need to be very creating to find
funding and to accomplish the work,which begins with planning. He suggested another look should be
taken to determine if there is a way to get deeper participation from groups that are already supporting;i.e.,
Trees for All. There is a strong core of volunteers that might be expanded and organized to focus on
connectivity. He said he believes Tigard is in an enviable position and can complete its connectedness as far
as the overall Fanno Creek Trail before anyone else. He noted the consultant report shows two options for
the trail—one option would be quicker, but not necessarily the best option. It might be worth pursuing this
option to get the initial connectivity and then gather data and look for additional grants. There are a lot of
opportunities,both politically and from the standpoint of personnel.
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Mr. Bernhard said the more the trails are used, the more demographics will begin to generate. Initially, there
might be a soft trail,but if traffic warrants,it will progress to a different type of trail structure. He said
environmental concerns might impact where we think where a trail should be located. He said you have to
start somewhere and once a connectivity plan is in place,we can build by including special interest groups
who begin to use the trails. As time goes on,we will be able to determine how we need to change—we'll
learn as we go.
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Mr. Whitney also responded to Councilor Henderson's comment about involving more of the community
and said the idea of trail connectivity has been around for a long time in the Portland area. He referred to
other trails in the region.
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Discussion followed on the number of other trail projects throughout the region. The City of Portland has
done a lot of work to develop trails and we can learn from them by studying their master plans that have
been in place for some time now.
of
Councilor Henderson said as the price of fuel continues to go up, he believes there will be more people in
the workforce who will want to find other means of transportation. Mr. Whitney said there are incentives
such as grants available for trails that qualify as a means of transportation.
Council President Buchner referenced the recent successful parks bond measure and the acquisition of
property next to Fowler Middle School. She said it seems that the voters are interested in developing
connectivity throughout the community. Mr. Bernard said there is a loop to the Fowler property that is
shown as one of the options. Feasibility of the routes has been studied. There are many different types of
trails within the Fowler woods,which are soft trails because of the environmental sensitivity. The study will
lead us towards a potential connection with Summerlake. A lot of planning must occur to provide a trail
system for the long run.
Mr. Lindstrom said the Fowler property is unique,with seven eco-systems and an adjacent creek that
occasionally has otter. Some might want fewer trails in the area; however, there are work-arounds to those
kinds of problems. Education is needed and finding ways to leverage enough benefit out of the access to
offset any damage. Soft trails are good,but they are not well defined. A well-defined trail will automatically
take some of the people out of the woods because they will stay on the trail. He acknowledged it is about
achieving a balance for these prime areas.
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Mr. Bernard said that as time goes on, the plan will be altered. Many things will be achieved through trial
and error. He said the Summerlake Trail will present a lot of challenges but,in time,it can be accomplished.
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Council President Buchner noted a shortage of trails on the area of Bull Mountain where she lives. She said
there is a Metro property on Fern Street. There is a partial trail that goes halfway up the hill. It would be
great to have soft trails in the area and the greenways might be considered for hiking trails. Mr. Lindstrom
responded there are safety issues to be considered for this area because of the ground instability.
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Mr. Whitney said he lives on another area of Bull Mountain where there are no parks or trails. He urged
that these resources be looked at as a whole.
In response to Councilor Wilson,Project Planner Roberts said on April 19 the consultant team will make a
presentation to the City Council and Planning Commission and ask for the Council's and Commission's
ideas/opinions on a proposed project list that will include work scope and rough cost estimates.
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8. COUNCIL LIAISON REPORTS
9. NON AGENDA ITEMS
10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive
Session is called to order,the appropriate ORS citation will be announced identifying the applicable
statute. All discussions are confidential and those present may disclose nothing from the Session.
Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS
192.660(4),but must not disclose any information discussed.No Executive Session may be held for
the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public.
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11. ADJOURNMENT—8:53 p.m.
Motion by Councilor Woodard, seconded by Councilor Wilson, to adjourn.
The motion passed by a unanimous vote of City Council present:
Yes No
Mayor Dirksen Absent
Council President Wilson ✓
Councilor Buehner ✓
Councilor Henderson ✓
Councilor Woodard ✓
Attest:
Catfierine Wheatley, City Recorder
Ag
or, City of Tigard /
Date:_ �� - if cp
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