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City Council Minutes - 04/09/2002 Agenda Item No. I MINUTES Meeting of ; TIGARD CITY COUNCIL BUSINESS MEETING April 9, 2002 The meeting was called to order at 6:30 p.m. by Mayor Griffith. Council Present: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla. STUDY SESSION > Commuter Rail Briefing Kathy Lehtola from Washington County Land Use and Transportation briefed the City Council on current status of the Commuter Rail. Ms. Lehtola reviewed a map that indicated where the stations will be located and how the sites were selected. The Washington Square station has been temporarily located south (from Washington Square) of Scholls Ferry and is in Tigard. The site may be changed if a better site for park and ride facilities can be found. Planning has been based on the premise that this will be a commuter rail for workers; that is, stations are three to four miles apart, with trains every one- half hour during early morning and late afternoon/early evening hours. Trains may also run at mid-day. Ms. Lehtola explained how the service would be structured and noted the commuter rail will share the track with freight trains. Commuter rail is one of the region's priorities. ]PACT representatives traveled to Washington DC to visit with our delegates about our region's priorities. For federal funding, projects must first obtain congressional authorization before funds can be appropriated. Congressional authorization was granted last year. Ms. Lehtola advised that Senators Wu and Smith have been helpful on this project. More services and connections can be added later; but now, the focus is on the core project. Schedule for implementation was originally estimated to be September 2004. The projection now is for late summer or fall of 2005. Because of increased costs (purchase of track, structures and passenger rights rather than lease), more federal funds are needed. COUNCIL AGENDA — April 9, 2002 page 1 Ms Lehtola reviewed where funding would be sought. Tri Met may be selected as the owner/operator of the commuter rail. Negotiations are underway for maintenance and who would run the engines. Work is also being done to work out the details to schedule commuter and freight traffic. Stations will not be staffed nor will they have restrooms initially. They will be similar to the current bus transit areas. Councilor Dirksen advised that Tigard was forming a task force to plan for the station in the downtown area. He said he would like someone from Washington County to serve on the task force. Ms. Lehtola said that either she or a member of her staff would attend. > Annexation Plan Mayor Griffith noted that he and City Manager Monahan had discussed the possible annexation of the Bull Mountain area several times since the January community meeting. The Mayor and Mr. Monahan met with County Board Chair Tom Brian and County Administrator Charlie Cameron to discuss the matter. Chair Brian and Mr_ Cameron indicated that the County would be willing to offer some financial and staffing assistance. They also were agreeable to upgrading some roads to City standards if needed. The County is looking at budgeting issues and may need to cut back on some services. There was discussion on polling City of Tigard and Bull Mountain area residents to determine whether there is support for annexing the Bull Mountain area. After the poll has been conducted, then the Council would have information to determine the next step, if any. Community Development Director Hendryx distributed a chart, "Annexation Plan Outline" and a copy of this chart is on file in the City Recorder's office. Mr. Hendryx reviewed the annexation plan authority and the timeline for potential elections. A successful ballot measure would require a simple majority since such a measure is not considered to be a "money" measure. The Council discussed the pros and cons for each date specified on the timelines and the public involvement process needed for both Tigard and Bull Mountain residents. Consensus of Council was that if the City did move forward with placing a ballot measure before voters, the preferred election date would be November 2003. However, it was noted the Council still has COUNCIL AGENDA — April 9, 2002 page 2 not made a decision whether or not to go forward with the election and this decision cannot be made until the results of a poll for both Tigard and Bull Mountain residents are known. Mayor Griffith advised that the Council would reconvene into study session after the business meeting. Meeting recessed at 7:25 p.m. • EXECUTIVE SESSION: Cancelled. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Griffith called the meeting to order at 7:31 p.m. 1.2 Roll Call: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla. 1.3 Pledge of Allegiance — Boy Scout Troop 842 conducted the Flag Ceremony and Pledge of Allegiance 1.4 Council Communications a Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. PROCLAMATIONS — Mayor Griffith announced the following: 2.1 Proclaimed April 2002 as Tigard Volunteer Appreciation Month 2.2 Proclaimed April 14-20, 2002 as National Library Week 3. VISITOR'S AGENDA • Tigard High School Student Envoy Nathan Leamy updated the Council on activities at Tigard High School. He distributed an outline of his presentation to the City Council; this outline is on file in the City Recorder's office. • Jack Polans 16000 SW Queen Victoria, King City, Oregon, advised Council of his visits to the Tigard-Tualatin School District. He noted concerns with dropout rates and said textbooks were not up to par. • Sharon Maroney of Broadway Rose Theatre Company thanked the City for its support. She said that the Company's 10-year anniversary was last year and is one of the fastest-growing arts organizations in the area. 4. CONSENT AGENDA: Motion by Councilor Patton, seconded by Councilor Scheckla, to approve the Consent Agenda as follows: 4.1 Approve Council Minutes for September 10, 2001 and February 12, 2002 4.2 Receive and File: COUNCIL AGENDA — April 9, 2002 page 3 a. Council Calendar b. Tentative Agenda 4.3 Initiate Vacation of Public Right of Way for a 1,181.6 Square-Foot Portion of SW Dartmouth Avenue — Resolution No. 02-25 4.4 Appoint Gene Birchill, Alexander Craghead, Gerald McKee, Alan Mitchell, John Nibler, Robert Pike, and Eric Watson to the Building Appeals Board — Resolution No. 02-26 4.5 Local Contract Review Board: a. Award Contract for Telephone System to Eschelon Telecom, Inc. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 5. DISCUSSION WITH STATE SENATOR GINNY BURDICK AND STATE REPRESENTATIVE MAX WILLIAMS Mayor Griffith welcomed Senator Burdick and State Representative Williams. Representative Williams said a few introductory for Senator Burdick, who now represents Tigard as a result of redistricting. General remarks from Representative Williams: - The budget situation is Salem remains somewhat grim. In the second session the Legislature agreed on some cuts; the session ended stalemated with regard to budget decisions. Governor Kitzhaber has exercised veto rights and made other changes citing administrative authority. The Legislature will return for another special session in late-to-early spring. New budget figures may show the State is down another $100 million from earlier estimates which could mean there will be a $500 million deficit. There will be a ballot measure before voters authorizing the use of earmarked dollars for the K-12 budget. (Measure 13); approval would provide a one-time $220 million. - Representative Williams said he spent some time last week with Superintendent Steve Lowder to review challenges faced by the Tigard-Tualatin School District. Senator Burdick said she is looking forward to representing the City of Tigard and serving with Representative Williams. She said she is extremely alarmed about the COUNCIL AGENDA — April 9, 2002 page 4 condition of education in Oregon. She advised she does not know yet how she will vote of the one-time allocation of the $220 million for schools as described by Representative Williams above. She also referred to her record as a supporter of reasonable gun measures. In response to a question from Mayor Griffith, Representative Williams noted that the situation with regard to Ballot Measure 7 is not much further than it was when the session ended -- we are still waiting for a decision from the Supreme Court. If Ballot Measure 7 is found to be Constitutional, the State's budget problems will be exacerbated. There was discussion on the initiative process in Oregon. Councilor Patton said she understands the importance of preserving the initiative process in Oregon but noted her concern that people who develop the measures do not have any responsibility for implementation if those measures are approved. Representative Williams advised that there is now heightened scrutiny with regard to signature gathering because of past problems. There was further discussion about education and budget issues. The effects of Ballot Measure 5 are now being felt after a delayed impact because of the strength of the economy for such a long period of time. In response to a question from Councilor Dirksen, Senator Burdick said some of the issues for her would not change as a result in the change of her constituency. For example, her priority on education will not change. She said her background was in land use and those issues will be similar. Senator Burdick met recently with Mayor Griffith to discuss Tigard's needs. As a result, she recently met with Tri Met and emphasized the need for cross-transit connections within the City. In response to a question from Councilor Scheckla, Senator Burdick and Williams indicated they knew, from newspaper reports, that the rulings with regard to payment of franchise fees (Qwest case) were favorable to the City. There was brief discussion on water, which is now a regional issue. Senator Burdick and Representative Williams said they would available to assist Tigard if needed. Senator Burdick agreed with Councilor Scheckla that the state does not have money to pursue a major league baseball team. COUNCIL AGENDA — April 9, 2002 page 5 6. ANNUAL UPDATE ON THE TIGARD LIBRARY AND CITY OF TIGARD VOLUNTEER PROGRAMS Volunteer Coordinators Susan Koepping (City Hall) and Trish Stormant (Library) presented the annual update to the City Council. Those who volunteer and their reasons for volunteering are diverse. Council received information on recruitment efforts and how volunteers are retained. Over 1300 volunteers contributed 201,000 hours last year and provided services in every department in the City. The Library will be honoring volunteers on April 25. Ms. Koepping and Ms. Stormont thanked the Mayor for the proclamation for Volunteer Month. They also noted the leadership of the City that recognizes the value of volunteers. 7. RECOGNIZE "TEAM TIGARD" AS THE OFFICIAL CITY OF TIGARD EMPLOYEE VOLUNTEER GROUP City Manager Monahan presented the staff report and a PowerPoint presentation, which are both on file in the City Recorder's office. Motion by Councilor Moore, seconded by Councilor Patton, to adopt Resolution No. 02-27. RESOLUTION NO. 02-27 — A RESOLUTION RECOGNIZING "TEAM TIGARD" AS THE OFFICIAL CITY OF TIGARD EMPLOYEE GROUP The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes COUNCIL AGENDA — April 9, 2002 page 6 8. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 23 — O'MARA STREET AT CHELSEA LOOP a. Mayor Griffith opened the public hearing. b. Engineering Project Manager Greg Berry presented the staff report, which is on file in the City Recorder's office. C. Public Testimony • Martin Yedniak, 9090 SW O'Mara Street, Tigard sought clarification about the costs. Mr. Berry explained that the $2335 amount was a connection fee, which is allocated to the cost of the treatment facility and the large diameter sewers; this is a one-time only capital cost. The bulk of this fee is collected for Clean Water Services. Mr. Yedniak said his concern was that this is a tough financial time for many and the estimates for this project was higher than expected. He requested the Council consider extending the timeframe within which a resident in this area could connect to the sewer under the program be extended for another year. Mr. Berry confirmed that there is no requirement for connection, and if a property owner waits for 15 years to connect to the sewer, then they would not have to pay the reimbursement fee. City Attorney Ramis explained it would be within the Council's discretion to take this matter up again in 12 months. Discussion followed on what impacts a delay might have on other City projects. Mr. Berry advised that the "clock" for the three-year timeframe for signing up to connect to the sewer does not commence until the sewer is done. This project is scheduled to be completed in July; however, it could be scheduled for later this year and completed by October. • Robert Fuller, 9130 SW O'Mara, received clarification concerning costs, which would include construction of the sewer in the street, pumping costs and the connection fee. • Tony Fisher, 9240 SW O'Mara advised he initiated the process to obtain the sewerline in the neighborhood. He said that cost estimates seem to be higher than what was originally discussed. He said he was a contractor and said he thought the actual cost would be lower. COUNCIL AGENDA — April 9, 2002 page 7 He also noted the septic systems would need to be decommissioned. He would like to improve his property and needs to have sewer to do so. After discussion, Council consensus was that the Council would delay making a decision on this item and consider the next agenda item to allow the property owners time to discuss how they would like to proceed. d. Mayor Griffith closed the public hearing. e. Council consideration: Mr. Berry reported that the neighbors present requested that the City go forward with bids for the project and that the project be delayed so that final acceptance would be considered by Council in October rather than July. Council members indicated that this appeared to be a good compromise and directed that staff delay the construction as requested. Motion by Councilor Dirksen, seconded by Councilor Scheckla, to adopt Resolution No. 02-28. RESOLUTION NO. 02-28 -- A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO 23 (O'MARA STREET AT CHELSEA LOOP) The motion was approved by a unanimous vole of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 9. UPDATE ON INTERNATIONAL RESOURCE CITIES PROGRAM — TIGARD AND WASHINGTON COUNTY EXCHANGE WITH SAMARINDA AND KUTAI, INDONESIA City Manager Monahan and Finance Director Prosser presented the update to City Council. Copies of the staff report and PowerPoint presentation are on file in the City Recorder's office. Mr. Monahan reviewed the Samarinda City and Kutai County government structure. Areas where assistance was requested included finance procedures, recycling, and COUNCIL AGENDA — April 9, 2002 page 8 citizen participation. Indonesia is attempting to change from an entirely centrally located government to local government structures. The water system was built in 1932. While in Indonesia, Mr. Monahan gave a presentation on water systems and the city and county indicated they would work together on this issue. Mr. Monahan said that before they left a memorandum of understanding and a work program for the next 18 months was established in the following areas: • training on citizen participation • training in double-entry accounting • cataloging revenue sources • creating a solid waste recycling program Representatives from Samarinda and Kutai will be coming to Tigard and Washington County within the next few months. (Council considered the remaining Study Session items at the conclusion of this agenda item.) 10. CONSIDER VISION ACTION NETWORK FUNDING REQUEST Walt Peck of Washington County distributed information on the Vision Action Network to the City Council. A copy of this information is on file in the City Recorder's office. Mr. Peck reviewed the scope of the Vision West project and the work of volunteers. A detailed description of the Vision Action Network is contained in the staff report, which is on file in the City Recorder's office. Mr. Peck asked the Council to approve funding in the amount of $2000 for the Vision Action Network. Motion by Councilor Moore, seconded by Councilor Dirksen, to approve the funding request for Vision Action Network, which will be considered in the budget for the upcoming fiscal year. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes COUNCIL AGENDA — April 9, 2002 page 9 Councilor Patton - Yes Councilor Scheckla - Yes 11. COUNCIL LIAISON REPORTS - None 12. NON AGENDA ITEMS — None Business meeting recessed and Council reconvened into Study Session at 10:15 p.m. ➢ STUDY SESSION (Continued) The City Manager's performance review will be conducted at the end of next week's Council meeting. Council members will turn in their evaluation forms to the Mayor. The Mayor will summarize the results for discussion next week. City Manager reminded the Council of the joint meeting with the Tigard- Tualatin School Board and the Tualatin City Council next week. He described the room set up. The Student Asset Survey will also be discussed at this joint meeting. For preview, a copy of the survey was distributed to the City Council. Council will forward upcoming vacation plans to the City Recorder. Council was reminded of an upcoming "Back to School Week" event scheduled on May 2. City Manager Monahan suggested that Council leave their laptop computers with staff at the conclusion of the April 23 meeting. Network Services staff will do service work on the computers. 13. EXECUTIVE SESSION: Canceled. 14. ADJOURNMENT: 10:26 P.M. Catherine Wheatley, Cit Recorder J Attest: M yor, ity f/d ate: \\TI G333\USR\D EPTS\ADM\CATHY\CCM\020409.DOC COUNCIL AGENDA — April 9, 2002 page 10