City Council Minutes - 07/20/2004 COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
July 20, 2004
1. WORKSHOP MEETING
1.1 Mayor Dirksen called the meeting to order at 6:35 p.m.
1.2 Roll Call: Mayor Dirksen, Councilors Moore, Sherwood, Wilson, and
Woodruff were present
Staff present included City Manager Bill Monahan; Deputy City Recorder-)ane
McGarvin, Public Works Director Dennis Koellermeler, and City Engineer Gus
Duenas.
1.3 Pledge of Allegiance
1.4 Council Communications 8z Liaison Reports: None.
1 .5 Call to Council and Staff for Non Agenda Items:
Mayor Dirksen requested the addition of his recommendation of the Citizen of
the Year to Washington County Fair under Non-Agenda Items.
2. COUNCIL LIAISON REPORTS - None
3. REVIEW RECOMMENDED DRAFT OF PARK AND RECREATION NEEDS
ASSESSMENT SURVEY DRAFT
City Manager Bill Monahan noted two handouts regarding this item that had been distributed:
1) E-mail from John Frewing (Council Item No. 3, Exhibit No. 1) and 2) letter from Sharon
Maroney, Producing Artistic Director of the Broadway Rose Theatre Company (Council Item
No. 3, Exhibit No. 2).
Public Works Director Dennis Koellermeler explained the Parks and Recreation Advisory
Board and the pollster hired to conduct the survey reviewed the draft survey since the
Council and the Parks 8z Recreation Advisory Board met to review the proposed survey. He
noted the changes that had been made.
Councilor Moore noted the survey was too long and if lie were to be called, he would be
quickly bored. He suggested the number be reduced to 10 to 11 questions.
Councilor Wilson stated he felt just the opposite and would be willing to answer all the
questions in the hope he could influence the direction the City was going. He concurred
there were some confusing questions on the survey.
Councilor Sherwood noted the First three questions on the survey might open a "can of
worms" and suggested they be deleted.
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Meeting of July 20, 2004
Councilor Woodruff pointed out that someone might want to give a long answer relating to
the operation and performance of the City of Tigard in general, while the purpose of the
survey was to address parks and recreation needs.
Mayor Dirkson explained this was a vast improvement from the draft questions previously
reviewed by Council with the Parks 8t Recreation Advisory Board.
The Council concurred to skip the first 3 questions and to focus more on parks and
recreation questions.
Councilor Woodruff asked if the survey would ask the responder if they wished to be part of
the Tualatin Hills Recreation District.
Mr. Monahan replied that question was not being asked at the request of the Tualatin Hills
Recreation District, as there has not been any agreement reached between the City and the
District. He recommended the terns "district" and "city" be used generically but not specify
any specific district.
Councilor Wilson noted his preference to keeping the options open by not specifying that
recreation programs would be operated by the City or possibly a district.
Mr. Monahan explained the Broadway Rose letter was submitted in response to the School
District's proposed demolition of the old Charles F. Tigard School that had been built in
1979. Portions of the school buildings were being demolished, but there was hope that the
cafeteria building could be saved for multi-purpose uses. The Broadway Rose Board of
Directors was asking the City to ask the community in its survey if they would be supportive
of a year-round performing arts center.
Mr. KoelIermeier stated the intent was to finalize the survey questions by mid-September and
then have the survey conducted during the early fall
Councilor Wilson noted the assessed value information needed to be corrected.
The Council directed staff to finalize the survey with the public relations company and the
Parks 8L Recreation Advisory Board.
4. SELECTION OF FINAL LOCATION FOR FANNO CREEK PARK SHELTER AND
PARKING LOT
Mr. KoelIermeier presented his staff report and noted that staff recommended the Option
"B" location as it is located back from Hall Blvd. The Option "A" location is too close to the
street and parents might be concerned about their young children's safety. There are
concerns with the swale that needs to be resolved. He pointed out the old "white house"
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Meeting of July 20, 2004
location as well as the row of trees on the property. The Option `B" location is visible from
the children's area of the new library. They would like to proceed with the project within the
next 90 days.
Council concurred to proceed with the Option `B" location for the Fanno Creek Park Shelter
and Parking Lot.
5. COUNCIL GOAL UPDATE
Mr. Monahan noted this was the first report since Councilor Woodruff was appointed. The
report shows accomplishment and progress on the City Goals. He complimented Joanne
Bengtson for putting together the Goal Update.
6. DISCUSSION OF THE TIEDEMAN AVENUE RAILROAD CROSSING REPAIR
City Engineer Gus Duenas presented his staff report and a PowerPoint presentation about the
proposed project. He explained that in May 2004, Portland and Western Railroad had
indicated its willingness to participate in the project up to $5,000, but in June withdrew its
commitment. Portland and Western Railroad indicated the cost to improve just the easterly
track would cost $70,743.45, which was higher than the estimate of $60,000 included in
the FY 2004-05 Capital Improvement Program. The railroad would like to schedule the
work in August if the City authorized the project. Mr. Duenas then reviewed the two
options: 1) construct the project as proposed and to put the Letter of Agreement with
Portland 81 Western on the Council's July 27 meeting consent agenda, or 2) cancel the
project construction, have the project constructed as part of the commuter rail project,
withdraw the letter of agreement from the July 27 meeting agenda, and perform temporary
repairs to both tracks to improve rideability.. He noted that staff's recommendation would be
Option 2.
Mayor Dirksen asked what the City's liability would be if nothing was done.
Mr. Monahan noted he thought the risk would be minimal as temporary repairs would be
made, and it is believed the commuter rail program will be moving forward within the few
years.
In response to Council's concern, Gretchen Buehner stated she concurred with Mr.
Monahan's statement on the risk factors.
Councilor Sherwood noted that the commuter rail planning was moving forward by TriMet,
the railroad and the Oregon Department of Transportation.
Mayor Dirksen noted he had not heard of accidents at this crossing.
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Mr. Duenas explained most people are aware of the condition of the pavement and drive
slow over the tracks.
In response to a question by Councilor Moore, Mr. Monahan responded he would not
recommend installing a sign to read, "bumpy road, proceed at your own risk." Patching the
pavement would be a temporary fix. He pointed out the City has been told the commuter
rail program would be built in the next few years, rather than ten years from now.
The Council concurred with Option 2, and the letter of agreement will be withdrawn from
the City Council July 27 Meeting agenda.
7. NON-AGENDA ITEMS
• Washington County Fair Nomination
Mayor Dirksen explained Ile had received a call from Lisa Olsen of the Washington
County Fair requesting all mayors in Washington County to submit someone's name in
their community as Citizen of the Year. He recommended submitting Connie
Ramaekers as Tigard's Citizen of the Year.
The Council concurred with Mayor Dirksen's recommendation.
Youth Advisory Committee member Lindsey Boyce explained that Ms. Ramaekers is
an outstanding staff member at the Tigard High School, and among other
responsibilities, oversees the Clothes Closet, volunteers on the youth forum and
sicatepark planning.
> ADMINISTRATIVE ITEMS
a. Henry Kane Filing
Mr. Monahan noted that staff had responded to Mr. Kane indicating that the filing
deadline to submit written material on the Bull Mountain Annexation Plan was
noon on July 22 in order to copy and deliver the materials to the Council prior to
the meeting.
b. Council Vacation Calendar
Mr. Monahan asked Council to notify him of any dates they would not be
attending Council meetings.
o Councilor Sherwood noted she was not available to attend the August 3
meeting.
o Councilor Woodruff stated he would be available to meet on August 3.
o Councilor Moore stated he would e-mail his plans.
c. Calendar Review
I
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Meeting of July 20, 2004
July 28, July 29: City Council Carry Over for Bull Mountain Public Hearing
August 3: City Council (Possible) Carry-Over Dates
August 10: City Council Business Meeting
August 17: City Council Workshop
August 24: City Council Business Meeting
September 18: Community Fair
d. July 27 Hearing Process
Deputy City Recorder Jane McGarvin explained she had reserved the City of
Lake Oswego's timer system for that meeting, and described how it works.
Mr. Monahan pointed out additional days has been reserved in case Council
wishes to continue the hearing from Tuesday night. He noted he was not
available on Wednesday, July 28, but Assistant to the City Manager Liz
Newton would attend the meeting as his representative if the Council chooses
to meet that night. City Attorney Gary Firestone will be attending all the
meetings.
Councilor Sherwood noted that with the Library pre-grand-opening event being
held on Friday, July 30, she would prefer not meeting on Thursday, July 29.
Mr. Monahan explained the Council meeting will begin at 6:30 p.m. on July
27, for Council to act on the Consent Agenda, as well as for an explanation of
the process for the public hearing at 7:30 p.m. Additional staff will be
available to assist at the hearing, in Town Hall as well as in the Iobby and areas
in the library. Additional chairs will be brought in to the library building for
this hearing.
The Councilors discussed how to proceed with the hearing, especially relating
to whether to continue the hearing to another night or to continue hearing
testimony later than 10 p.m. Mayor Dirksen indicated the Council
Groundrules indicate that before 10 p.m., Council has to agree whether to
continue past 10 p.m.
Councilor Moore indicated if there were only a few more people present who
had signed up to testify at 10 p.m., he would prefer staying after 10 p.m., and
then allow the Councilors to deliberate and make a decision the same night. If
there were a lot of people remaining at 10 p.m., he might agree to a
continuation. Councilor Wilson agreed.
Mr. Monahan noted at 7:30 p.m., the City Attorney would begin with his
opening statement, and handle any other legally required statements. The staff
will present their report, which they will try to hold to 15 minutes. He
explained while Council has heard the report numerous times, it is necessary
that the staff present their report at this time as part of the official record.
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Meeting of July 20, 2004
Council will be allowed to ask questions of staff and then the public will be
allowed to testify.
Councilor Wilson asked if citizens could testify about anything or will the
testimony be limited to addressing specific criteria.
Mr. Monahan responded that Mr. Firestone will explain the criteria for
presenting testimony based on ORS Chapter 195, and the criteria will be
posted on the wall in Town Hall. He did not think that if someone gets totally
off track, they would be stopped as they did not want to get into a debate
whether or not their concerns addressed the criteria.
Councilor Sherwood indicated her concern about demonstrations, or rude
raunchy behavior. She asked if Council needed to listen to that kind of
demonstrations.
Mr. Monahan explained the meeting will follow the Oregon Public Meetings
Law, and the Oregon Revised Statutes have standards for the conduct of Iand
use proceedings. Council can control how the hearing is conducted. There is
a potential for noisy outbursts. The staff is ready for any contingency.
Councilor Woodruff asked that the groundrules be explained at the hearing.
Mr. Monahan responded that the groundrules will be explained as part of the
6:30 p.m. section. He noted if someone would rather present written
comments instead of waiting to testify, there will be paper available for citizens
to write out their comments. Any written testimony will be made part of the
hearing record. In addition to the local press, it is anticipated that the TV
media will be covering the hearing.
8. ADJOURNMENT
The meeting adjourned at 7:36 p.m.
ane McGa1v1n, 13puty City Recorder
Attest:
r
Mayo City of Tigard C/
Date:
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Meeting of July 20, 2004