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City Council Minutes - 02/14/2006 �1 Agenda Item No. � ForAgenda of Tigard City Council Meeting Minutes Date: February 14,2006 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard,Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff Agenda Item Discussion& Comments Action Items (follow up Study Session Commuter Rail Senior Planner Nachbar referred to the City Council Council approved Station discussion on this item during the January 17,2006, Resolution No. 06-06 to Council meeting. Council will be asked to approve a allocate funds in FY 06-07 resolution to allocate funding for the commuter rail for Commuter Rail Shelter shelter upgrade on the Consent Agenda (Item No. Upgrade during the Business 3.6). The estimated cost is $91,000. Meeting(Consent Agenda No. 3.6) Administrative Council reviewed the following with staff: Items o Council received a copy of a February 13,2006,e- mail from Sarah Walch of the Youth Advisory Council noting support of the Tualatin River Bridge Project (Agenda Item No. 8) o Public Safety Levy Support Mayor Dirksen advised he was asked if his name could be used in literature supporting the levy. There were no objections from the City Council. o Potso Dog Park—Coe Manufacturing has submitted a development application for their site and the dog park might need to be moved from Coe's property. The agreement between Coe Manufacturing and the City states that Coe Manufacturing will give the City 90 days'notice if they will no longer provide the property for the dog park. COUNCIL MINUTES—FEBRUARY 14,2006 page 1 Agenda Item Discussion& Comments Action Items follow up) o Council Agendas—Staff was asked to notify the A paper copy of an agenda, Council in advance when meetings were likely to showing estimated times be long. for agenda items,will be delivered to the Council when they receive their meeting packet(CD or hard copy). Executive Session The Tigard City Council went into Executive Session at 6:40 p.m. to discuss labor negotiations and real property transaction negotiations under ORS 192.660(2)(d) and (2)(e). Executive Session concluded at 7:29 p.m. Business Meeting 1.1 Mayor Dirksen called the City Council and the Local Contract Review Board to Order at 7:38 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Harding,Sherwood,Wilson,and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: Councilor Harding advised that the Tigard Police Department is hosting a Shred-It event on Saturday,February 25, from 10 a.m.—2 p.m. in the City Hall parking lot. Citizens may bring household documents for shredding. Councilor Harding announced a tree planting event at Bonita Park on February 25 from 9 a.m. -noon. Call Tualatin Riverkeepers (503) 620-7507 for information. Mayor Dirksen was invited by Metro to Mayor Dirksen will share his participate in a Mayors and Chairs Forum. The presentation with the press text of his presentation will be available on the and staff will it on the City of Tigard's website. City's website. COUNCIL MINUTES—FEBRUARY 14,2006 page 2 Agenda Item Discussion& Comments Action Items (follow up) City Manager Prosser introduced Finance Director Bob Sesnon who started at the City on February 13,2006. 2. Citizen Tigard High School Student Envoy Jasmina Communication Dizardik presented a report to the City Council on Tigard High School Activities. A copy of her report is on file in the City Recorder's office. • Gretchen Buehner,13249 SW 136th Pl.,Tigard, Councilor Wilson said this Oregon,raised an issue regarding property being issue that will be included in developed between 147th and 150d,Avenues off of the Code revision discussion Beef Bend Road. The trees were left on the at next week's Joint Meeting steepest slopes but the rest of the area was clear with the Planning cut,creating an eyesore and potential for Commission. landslides. She said tree removal requirements for slopes need to be reviewed. Mayor Dirksen noted that this land is not in the City limits,but in the urban services area; therefore,any change adopted by Tigard would need to be adopted by the County also. Councilor Harding said she wants to discuss at next week's Planning Commission meeting,the negative effects development can have on neighboring properties. • Cleon Cox III, 13580 SW Ash Ave.,Tigard,OR, discussed his perception of a lack of communication and customer service from the City. He recalled being the only person to testify in person on a particular matter at a prior Council meeting,yet he knew a neighbor had. submitted written comments in a letter. He did not see the letter opened and read at the meeting. His concern is that a decision was made without consideration of all available public input. He realizes that the Council is charged with making decisions but must rely on information given to them by staff. He urged the Councilors to make sure the staff is doing all they can to get them necessary information. He was in the City's volunteer leadership group and their final project was to put together a packet of communication ideas. This was given to the Assistant to the City Manager. He said citizens who want to be heard COUNCIL MINUTES—FEBRUARY 14,2006 page 3 Agenda Item Discussion& Comments Action Items (follow up) do not feel heard. People who had issues felt they were not being listened to by City staff and the Council. He asked how this can be resolved. Mr. Cox used an example of a citizen asking about a Highway 99W traffic issue,who was told that ODOT was in charge of the highway. Why,Mr. Cox asked,didn't the staff person talk to ODOT rather than suggest that the citizen do it? He said City staff members know the transportation lingo and could be more effective. Mr. Cox reiterated that communication must be improved. Councilor Harding asked him for suggestions and requested information from him for.next week's meeting where better communication is an agenda item. Fifth Tuesday Meeting Follow-up: City Council and City Manager Prosser discussed the issue regarding Development Code regulations for towers. This matter was brought to the City Council at its January 31 Fifth Tuesday meeting because of a radio tower constructed in a neighborhood. Interim Community Development Director Coffee said the Development Code does not define the term"attached" as it applies to an accessory structure. Whether or not a structure is attached to the main structure affects setback requirements. Councilor Wilson requested that tower height and attachment requirements be added to the list of items for the Development Code discussion with the Planning Commission next week. It was noted that the neighborhood group that attended the January 31 Fifth Tuesday meeting should be provided a status report on what is being done to look into their concerns. In addition there was a suggestion that the process to appeal staff interpretations be discussed with the Planning Commission next week. Other matters at the Council's Fifth Tuesday meeting included: COUNCIL MINUTES—FEBRUARY 14,2006 page 4 Agenda Item Discussion& Comments Action Items follow u o A signal at Main Street and Tigard Street— This will be reviewed as part of the downtown development. o Suggestion for feedback in the Cityscape for Parks and Recreation. (Parks and Recreation Advisory Board feedback). o Concern with changes with a development after the developer's meeting with a neighborhood. It was noted that the public should be informed that a development could change as it moves through the process,which includes public hearings. City Manager Prosser indicated he would review the notes from the Fifth Tuesday Meeting and provide the City Council with additional follow up information. 3. Consent Agenda 3.1 Approve Council Minutes for January 6,and 10, Motion by Councilor 2006 Sherwood, seconded by Councilor Wilson, to 3.2 Receive and File: approve the Consent a. Council Calendar Agenda. b. Tentative Agenda c. January 31,2006,Fifth Tuesday Meeting The motion was approved Notes by a unanimous vote of Council present. 3.3 Local Contract Review Board: a. Approve the Purchase of a Loader/Backhoe Mayor Dirksen Yes from Halton Company Councilor Harding Yes b. Award Construction Contract for Information Councilor Sherwood Yes Technology Building Electrical Upgrade and Councilor Wilson Yes Emergency Generator Power Supply to Councilor Woodruff Yes Frahler Electric 3.4 Approve Budget Amendment No. 9 to Increase Appropriations in the Traffic Impact Fee Fund for Funding of Walnut Street Right-of-Way Acquisition and the Street Maintenance Fee Fund for Funding of Additional Costs Related to the Pavement Major Maintenance Program- Resolution No. 06-05 A RESOLUTION APPROVING BUDGET COUNCIL MINUTES—FEBRUARY 14,2006 page 5 Agenda Item Discussion& Comments Action Items (follow up AMENDMENT#9 TO THE FY 2005-06 BUDGET TO INCREASE APPROPRI- ATIONS IN THE TRAFFIC IMPACT FEE FUND FOR FUNDING OF WALNUT STREET RIGHT-OF-WAY ACQUISITION AND THE STREET MAINTENANCE FEE FUND FOR FUNDING OF ADDITIONAL COSTS RELATED TO THE PAVEMENT MAJOR MAINTENANCE PROGRAM 3.5 Approve Intergovernmental Agreement(IGA) with Washington County for use of MSTIP3 Bike and Pedestrian Program Funds on the Washington Square Regional Center Greenbelt Trail Project 3.6 Approve the Allocation of Funds in FY 06-07 for Commuter Rail Shelter Upgrade—Resolution No. 06-06 A RESOLUTION TO ALLOCATE FUNDS IN FY 06-07 FOR COMMUTER RAIL SHELTER UPGRADE 4. Consider a Jim Wolf,Police Public Information Officer, Motion by Councilor Resolution of introduced Andy Johansen,Director of Information Wilson, seconded by Gratitude to Services for Providence Health System. Mr. Wolf Councilor Woodruff, Providence Health said Providence made a generous donation of$7,500 to approve Resolution Systems for their to the Tigard Police D.A.R.E. summer camp No. 06-04. donation to program. The program provides positive summer support Tigard activities while reinforcing the importance of staying The motion was approved Police D.A.R.E. drug and violence free. These week-long camps are by a unanimous vote of Summer Camp available free of charge to the City's 4th, 5th and 6th Council present. Programs grade students. Mayor Dirksen and the Council extended appreciation for their involvement and Mayor Dirksen Yes caring for the community. Mayor Dirksen presented Councilor Harding Yes Mr.Johansen with a framed recognition plaque. Councilor Sherwood Yes Councilor Wilson Yes RESOLUTION NO. 06-04—A RESOLUTION OF Councilor Woodruff Yes THE TIGARD CITY COUNCIL EXPRESSING GRATITUDE TO PROVIDENCE HEALTH SYSTEM FOR A$7,500 DONATION TO THE TIGARD POLICE DEPARTMENT"D.A.R.E.TO BE GREAT" SUMMER CAMPS COUNCIL MINUTES—FEBRUARY 14,2006 page 6 Agenda Item Discussion& Comments Action Items follow up 5. Mayor Dirksen opened the Public Hearing on Motion by Councilor Public Hearing— finalizing the Sewer Reimbursement District 05-51. Wilson, seconded by Consider a City Engineer Duenas testified that the project is Councilor Sherwood, Resolution complete and sewer service can be made available to to approve Resolution Finalizing Sewer the lot owners. He described the process and No. 06-07. Reimbursement timeline in a PowerPoint presentation. District No. 35 The motion was approved (Ash Avenue) Public Hearing Testimony— by a unanimous vote of Council present. Cleon Cox III said he had several things he wanted to point out: 1) During testimony on the formation of Mayor Dirksen Yes District No. 35,he said there were two protests,his Councilor Harding Yes and another one written by a woman who could not Councilor Sherwood Yes attend the meeting. He said her written testimony Councilor Wilson Yes was not opened during the public hearing. He Councilor Woodruff Yes thought the meeting minutes should reflect that. 2) He asked why this was not made into a Local Improvement District. 3) His final bill had increased by 50% and there was a 10%increase in cost within six months,which was high. He asked what this rate was based on. He noted that one person listed on this District's map lived closer to an existing line on Garrett Street than the proposed line on Ash Street. Mr. Cox wondered why City staff didn't know about this option for that owner's corner lot. He also questioned the lateral line depths recommended by the City. Mayor Dirksen asked City Engineer Duenas to discuss the lateral line depth estimates. Mr. Duenas said they plan for worst-case scenarios but owners are notified to coordinate their property's particular requirements with the inspector. Councilor Wilson asked why initial estimates differed from final costs. Mr.Duenas said all of the bids were higher than the estimate. The cost of materials had gone up 20%,partially due to the increased distance contractors had to travel to obtain gravel. Unstable land issues experienced during sewer line construction in the Edgewood/O'Mara Sewer District made contractors apprehensive of bidding too low. Mayor Dirksen said Tigard has a five-year plan to make sewer available to all residents. Mr.Duenas said it makes more sense to do it systematically rather than react to each case of septic sstem failure. COUNCIL MINUTES—FEBRUARY 14,2006 page 7 Agenda Item Discussion& Comments Action Items (follow up Mr. Cox said the district was not wanted. Councilor Sherwood reminded him that people do not have to hook up at the time the lines are put in their street. City Manager Prosser suggested that Mr. Cox meet with City Engineer Duenas to get his specific questions answered. Mayor Dirksen closed the public hearing. RESOLUTION NO. 06-07—A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 35 (SW ASH AVENUE) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 05-51 6. Associate Planner Duane Roberts gave the staff Motion by Councilor Affordable report. Non-profit community mental health agency Woodruff, seconded by Housing Fee provider Luke-Dorf was the only applicant for the Councilor Harding, to award Assistance Request second half of the FY 05-06 funding period. They $2,243 in Affordable requested$2,243 to offset building permit fees on Housing Fee Assistance to major repairs to a group home located on Hall Blvd. the Luke-Dorf. Luke-Dorf representative Howard Spanbock discussed their programs. The Mayor and Council The motion was approved expressed support and appreciation to Luke-Dorf for by a unanimous vote of providing these services to the community. Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 7. Parks Manager Dan Plaza and Public Works Director Motion by Councilor Consider Koellermeier provided information to the Council Sherwood seconded b Amending the regarding the approval of this IGA as it relates to Councilor Wilson,to Tualatin River increased construction costs and bringing in Clean approve the IGA Bicycle and Water Services as a full partner. At the January 24, amendment. Pedestrian Bridge 2006 Council meeting,Council was informed that the IGA and Commit Tualatin River Bicycle and Pedestrian Bridge project The motion was approved Additional Funds had incurred significant cost increases. Agenda Item by a unanimous vote of to the Project No. 8 addresses increasing appropriations for the Council present. project. Mayor Dirksen said the other partners have already approved it and the City needs to join them; Mayor Dirksen Yes he noted the longer we wait,the more expensive it Councilor Harding Yes mi ht become. Councilor Sherwood Yes COUNCIL MINUTES—FEBRUARY 14,2006 page 8 Agenda Item Discussion& Comments Action Items follow up Councilor Wilson Yes With Clean Water Services coming in as a partner, Councilor Woodruff Yes Tigard's maintenance share for the bridge is reduced from 57.5% to 45% -a reduction of 12.5% over the life of the bridge. Councilor Wilson discussed a letter from Western Wood Structures of Tualatin questioning the use of steel rather than wood from a local company. Mr. Plaza noted that the City has purchased bridges from Western Wood Structures in the past and that the material choice for this bridge was controlled by the Oregon Department of Transportation. Their concern is leachates into the stream.Both steel and timber trusses were evaluated and it was determined that steel would last longer and require less maintenance. He noted that the steel will be 100% USA-manufactured. It was noted that the Tigard Youth Advisory Council recommended that the City Council approve this project. 8. Parks Manager Dan Plaza said Budget Amendment Motion by Councilor Consider a #8 pertains to the increased construction costs of the Wilson, seconded by Resolution Tualatin River Bicycle and Pedestrian Bridge. On Councilor Sherwood,to Approving Budget January 24,2006,Council directed staff to prepare this approve Resolution No. 06- Amendment#8 to amendment. 08. the FY 05-06 Budget to Increase The current FY 05-06 adopted budget for the The motion was approved Appropriations in pedestrian bridge is $250,125. Tigard's share for by a unanimous vote of the Parks Capital this project in FY 05-06 is now$592,578. So that Council present. Improvement this project does not show that it went over budget, Budget for this amendment is necessary to increase the amount Mayor Dirksen Yes Funding of budgeted for the project. The project budget will be Councilor Harding Yes Additional Costs increased by a transfer of$150,000 from the Parks Councilor Sherwood Yes Related to the Capital Contingency Fund and a transfer of Councilor Wilson Yes Tualatin River budgeted appropriations of$192,453 from the Councilor Woodruff Yes Bicycle and Washington Square Regional Center Trail,which Pedestrian Bridge was delayed to FY 06-07. This amendment does not change actual funding sources for the Washington Square Regional Center Trail,only the budget appropriations. The pedestrian bridge expenditure will be paid with$224,928 in MTIP funds,and$367,650 in SDC funds specifically allocated for this project. Council Wilson asked the staff if,as the contingency fund will now be at zero, COUNCIL MINUTES—FEBRUARY 14,2006 page 9 Agenda Item Discussion& Comments Action Items follow u they were comfortable with this. Parks Manager Plaza and Public Works Director Koellermeier stated that they were. Councilor Harding noted that we have money available now that will not be available later so we need to fund this bridge project since the Washington Square project was postponed. Councilor Wilson said the contingency fund is there for a reason and this certainly is a contingency. Mayor Dirksen acknowledged the Parks staff for their creative solution in finding funding for this project. 9. Adjournment: 9:12 p.m. Motion by Councilor Woodruff, seconded by Councilor Harding,to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes Catherine Wheatley,City Recorder Attest: Mayor, qity of Tigard Date: ao C.O 1Aadm\c thy\ccm\2006\060214.doc COUNCIL MINUTES—FEBRUARY 14,2006 page 10