City Council Minutes - 10/12/2004 COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
October 12, 2004
The meeting was called to order at 6:30 p.m. by Mayor Dirksen.
Council Present: Mayor Dirksen, Councilors Moore, Sherwood, Wilson. Councilor Woodruff
was excused.
STUDY SESSION
> UPDATE ON CITY HALL DAY
City Manager Bill Monahan explained the City Hall Day would be held
October 14, at which time candidates for Representative and Senate are
invited to discuss issues. The meeting will be taped for rebroadcast on cable
television. The League of Oregon Cities is sponsoring this event throughout
the State.
Assistant to the City Manager Liz Newton further explained the event gives an
opportunity for elected officials to meet with candidates for the state house
and senate to discuss issues. The League of Oregon Cities provided a list of
potential issues. Staff will present information on water rights, property rights
legislation; and telecommunication franchise and stable finances. The meeting
begins at 7 p.m. in Town Hall. King City representatives were invited to this
meeting.
> JOINT MEETING- TIGARD TUALATIN SCHOOL DIST/CITY OF
TUALATIN
Mr. Monahan reminded Council of the Joint Meeting with the Cities of Tigard
and Tualatin and Tigard/Tualatin School District on Monday, November 15,
to begin either at 6 or 6:30 p.m. The meeting will be hosted by the School
District.
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> MADE A DIFFERENCE DAY OCTOBER 16, 2004
Mr. Monahan stated a flyer is included in the packet about this event.
Councilors were requested to RSVP if they are able to attend. Ms. Newton
noted the Youth Advisory Forum will be involved in this event.
Tigard City Council Minutes Page 1
Meeting of October 12, 2004
> LEAGUE OF OREGON CITIES — DESIGNATION OF VOTING
DELEGATE
Councilor Sherwood was designated to be Tigard's voting delegate as she is the
only current councilor scheduled to attend the League of Oregon Cities
meeting in November.
> NW MEDICAL TEAMS LETTER
Mayor Dirksen stated the NW Medical Teams head office is now located in
Tigard and the organization is celebrating its 25" anniversary this fall with a
special dinner. Councilors are invited to attend. He will provide information
relating to the date and location. Councilor Sherwood indicated she would like
to attend but would pay for her own tickets.
> CITY RECORDER POSITION
Mr. Monahan noted City Recorder Cathy Wheatley has indicated her intent to
return from her leave of absence December b, but is asking to reduce her
hours to 28 hours a week and to redistribute some of her responsibilities.
Previously Ms. Wheatley was part of Administration but it is proposed she be
moved to Office Services and work under the direction of Nadine Robinson,
Office Services Manager. After Finance moves to City Hall, he is proposing
that some of his administrative support be provided by Finance. There are
more details to be worked out. By Charter, the City Recorder works directly
for the Council which is why this was being discussed. He asked if Council had
any objection to this arrangement.
Councilor Sherwood asked if Ms. Wheatley would be able to do her work with
only 28 hours a week.
Mr. Monahan explained she will try this arrangement, but there are times when
adjustments may be required.
The Council agreed with Ms. Wheatley's request to work 28 hours a week as
City Recorder.
> BALLOT BOX
Mr. Monahan stated a temporary ballot box will be installed later this week to
be located in the island located in the area where the skatepark is proposed.
The intent is for traffic to come off Hall Blvd., turn right into the public
parking area to the box, and then exit onto Burnham Road. The City did not
Tigard City Council Minutes Page 2
Meeting of October 12, 2004
want the box located in the circular driveway. The intent is to find a
-permanent location later.
> TIM RAM1S' LETTER REGARDING CONFLICT OF INTEREST
Mr. Monahan stated this discussion is a result of Alice Ellis Gaut's comments at
the September 28 Council Meeting during the Visitor's Agenda regarding Mr.
Ramis' letter concerning the Goal 5 process. Mr. Ramis was representing a
client and the concern was whether the comments on behalf of his other client
might conflict with his responsibilities as Tigard's City Attorney.
Mr. Ramis stated he understood that some might feel there was a conflict, but
in fact the letter on behalf of another client was actually in support of the
City's position to forward Councilor Wilson's letter.to the Tualatin Basin
Natural Resources Steering Committee relating to Goal 5. He contacted the
State Bar to be sure they did not feel there was a violation or perceived conflict
of interest, which they did not. He explained he has served as legal counsel for
other jurisdictions, and there have been times when the interests of private
clients were in conflict with representing the municipality. In those cases, there
are reciprocal agreements in place with other attorney's to represent the
municipality. He urged the Council that if they ever feel there a question
about a perceived conflict of interest or a legal problem, to notify him
immediately. He also noted the city's interest comes before his representation
of private clients.
Councilor Wilson stated he did not feel this was an issue when he first saw Mr.
Ramis' letter to the Steering Committee, but a citizen had asked Council to
review the matter.
Councilor Sherwood agreed she did not feel this was an issue. She understood
how someone might not understand and have concerns. She appreciated the
explanation.
At the request of Council, Mayor Dirksen stated he would make a statement
for the official record during the Business Meeting tinder the Visitor's Agenda,
to state Council had discussed this concern with Mr. Ramis and did not find
any legal or ethical violation at this time, but recognized their was a possibility
of a perception of a conflict of interest. The Council will take future action to
consider possible conflict issues and providing a clearer directive regarding
future potential conflicts of interest.
Tigard City Council Minutes Page 3
Meeting of October 12, 2004
> LEAGUE OF OREGON CITIES PRESS RELEASE REGARDING QWEST
Craig Prosser, Finance Director; announced the US District Court, Ninth Court
of Appeals, rendered its decision this morning regarding the case of Qwest
Corporation vs. the City of Portland. Arguments were made last November.
There are questions about the Tigard's franchise ordinance which are based on
gross revenues. Portions of the decision were upheld while other issues were
remanded back to the US District Court. Additional discussion will take place
during the Executive Session.
> ADMINISTRATIVE ITEMS
a. Calendar Review
• October 14: City Hall Day 7:00 pm at Town Hall
• October 16: Make a Difference Day-- 9 am to noon
• October 19: City Council Workshop Meeting — 6:30 pm
• October 26: City Council Business Meeting— 6:30 pm
• November 4-6: LOC Conference -- Marriott Hotel downtown
Portland
• November 9: City Council Business Meeting— 6:30 pm
• The Study Session was recessed at 6:53 p.m. to go into Executive Session.
EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss
potential litigation under ORS 192.660(2)(h). 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.
The Study Session was reconvened at 7:04 p.m. after the Executive Session.
> RESPONSE. TO JOHN FREWING REGARDING TIGARD/WASHINGTON
COUNTY PLANNING ISSUES
Mr. Monahan noted Community Development Director Jim Hendryx had
prepared a letter to Mr. Frewing in response to concerns raised during the
Visitor's Agenda at the September 28, 2004 Council Meeting regarding
several planning issues. A copy of the Intergovernmental Agreement with
Washington County is attached to the letter which details both Washington
County and Tigard's responsibility in the Metzger area which Mr. Frewing had
Tigard City Council Minutes Page 4
Meeting of October 12, 2004
questioned. He will present comments during the Business Meeting under
Visitor's Agenda concerning this response.
Study session recessed at 7:10 p.m.
1. BUSINESS MEETING
1.1 Mayor Dirksen called the Council and Local Contract Review Board Meeting to
order at 7:30 p.m.
1.2 Roll Call: Mayor Dirksen, Councilors Moore, Sherwood, Wilson were present.
Councilor Woodruff was excused.
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports - None
1.5 Call to Council and Staff for Non-Agenda Items - None,
2. VISITOR'S AGENDA
■ Nikki Pham, Tigard High School Student Envoy, told the Council about various
activities and information related to the high school. Ms. Pham distributed a
handout (Agenda Item No. 2, Exhibit 1), which is on file in the City Recorder's
office.
• Chamber Representative Dan Murphy updated the Council on Tigard Area
Chamber of Commerce activities.
■ Response to Alice Ellis Gaut's Comments and Letter made at the September 28,
2004 meeting.
Mayor Dirksen stated Alice Ellis Gaut had submitted a letter in which she raised
concerns in reference to a letter written by City Attorney Tiim Ramis on behalf of
another client regarding Metro's Goal 5 Process and Goals. A copy of Mr. Ramis'
letter had been given to the Councilors. The Council discussed this matter with
Mr. .Ramis during the Study Session and found no legal or ethical violation at this
time, but recognized the possibility of a perception of conflict of interest, or a
future conflict if the City becomes involved in litigation as a result of future Goal 5
legislation. Recognizing that the City Attorney may lack sufficient guidelines and
official direction from the City Council, the City Council will take further action to
consider possible conflict issues, with the intent to providing the City Attorney
with a clearer directive regarding future potential conflicts of interest.
Tigard City Council Minutes Page 5
Meeting of October 12, 2004
■ Response to Comments made by John Frewing at the September 28, 2004 during
the Visitor's Agenda.
Mr. Monahan stated Community Development Director Jim Hendryx's letter had
been given to Mr. Frewing regarding the Tigard/Washington County
intergovernmental agreement relating to planning issues in the Metzger area. A
copy of the agreement was attached to the letter. (Agenda Item #2, Exhibit 2)
■ Alice Ellis Gaut, 10947 SW Chateau Lane, Tigard, requested Council to support a
resolution urging voters to vote "No" on the State Ballot Measure 37,
"Governments Must Pay Owners, or Forego Enforcement, when Certain Land
Use Restrictions Reduce Property Values." She pointed out the measure, if
approved by the voters, would cause financial havoc on cities, counties and the
State.
• Gretchen Buehner, 17249 SW 136" Place, Tigard, requested the City consider an
ordinance to regulate abandoned vehicles and equipment from being abandoned
mainly along Fanno Geek from residential, commercial, and industrial users, which
cause pollution to the stream. She had checked with Christine Darnell, City Code
Enforcement Officer, who indicated there was nothing in the City's code that
regulates abandoned vehicles or equipment along the streambed.
Councilor Moore suggested the staff check existing City Code as well as regulations
in place by other jurisdictions such as Clean Water Services. He thought the City
Code regulated abandoned vehicles.
Mr. Monahan indicated he would ask Community Development Director Jim
Hendryx to check into this.
Phil Decker, 14540 SW 14811 Place, Tigard, stated he recently purchased his
home on Bull Mountain and just heard about the possible annexation of the area
to Tigard as well as the process the City followed to put this measure on the
November ballot. After a 15 minute search of the Oregon Revised Statutes, he
found where the original single majority proposal of ORS 195 was not allowed to
be used in the Portland Metropolitan area. This is something the City Manager,
the City Attorney, staff and Council should have been aware of, and therefore he
did not want to be part of a city whose officials were not aware of state laws and
regulations.
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Mayor Dirksen reviewed the process the City has followed for the past year or so,
originally considering the ORS 195 process. He noted there is a conflict in the
statutes regarding ORS 195 and ORS 222, and both the League of Oregon Cities
Tigard City Council Minutes Page 6
Meeting of October 12, 2004
and the Association of Oregon Counties would be urging the Legislature to clarify
the statutes during the upcoming legislative session.
• Holly Shumway, 14535 SW Woodhue, stated one of the frustrations she has with
the proposed annexation is that if the annexation is approved, the residents of the
Buil Mountain area would not be able to vote for Councilors for another two
years.
Mr. Ramis explained the City Charter provides when elections are held.
Mr. Monahan noted the City Council cannot change the Charter. Either the
Council or citizens through an initiative process could propose a change in the
charter.
Mayor Dirksen recalled the Bull Mountain annexation was originally considered in
December 2003 which would have placed this matter on the March 2004 ballot.
If it had been placed on the March 2004 election and been approved, residents of
the Bull Mountain area would have been able to run for Mayor and Council and
vote on those candidates at this November's election. At the request of citizens,
Council deferred placing the issue on the ballot in order to conduct the White
Paper studies.
Ms. Shumway replied the additional information fi-om the White Papers was
needed, but residents of the area feel this process was being steamrolled on Bull
Mountain residents by Tigard. Residents feel they are excluded from the decision-
making process because of the timing of this measure.
3. CONSENT AGENDA: Motion by Councilor Wilson, seconded by Councilor
Sherwood, to approve the Consent Agenda items:
3.1 Approve Council Minutes for September 14, 2004
3.2 Receive and File
a. Council Calendar
b. Tentative Agenda
3.3 Resolution No. 04-70 -- A RESOLUTION OF THE TIGARD CITY
COUNCIL SUPPORTING APPLICATIONS FOR FEDERAL ASSISTANCE
FOR CONSTRUCTING SIDEWALK AND RELATED IMPROVEMENTS ON
VARIOUS STREETS WITHIN LOW-MODERATE INCOME AREAS OF
THE CITY.
Tigard City Council Minutes Page 7
Meeting of October 12, 2004
3.4 Resolution No. 04-71 — A RESOLUTION APPROVING BUDGET
AMENDMENT #2 TO THE FY 2004-05 BUDGET TO ACCEPT AND
EXPEND US DEPARTMENT OF JUSTICE GRANT FUNDS FOR THE
"DARE TO BE GREAT" SUMMER CAMPS
The motion was approved by a unanimous vote:
Mayor Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
4. DISCUSSION OF BULL MOUNTAIN RESOLUTIONS TO CONFIRM THE CITY
COUNCIL'S COMMITMENTS THAT WOULD OCCUR UPON ANNEXATION
a. Staff Report
Mr. Monahan presented the staff report and explained Council, during the Bull
Mountain Annexation process, had commented they were committed to
identifying how city services would be provided to the Bull Mountain area
upon annexation. The Ballot Measure is on the ballot on November 2.
Recently the Council directed staff to prepare the seven resolutions to confirm
to voters how some city services will be provided to the Bull Mountain area.
The resolutions cover the following areas:
• Capital Improvement Projects and Funding;
• Comprehensive Planning;
• Identifying open spaces and park lands to serve the Bull Mountain
area;
• Hiring additional police personnel and providing training in advance of
the effective date of annexation;
Commitment of Parks System Development Funds (SDC's) collected
on Bull Mountain to serve the area;
• Phasing in of taxation;
Recognizing the Bull Mountain area as a neighborhood with a unique
identity in a revised city-wide neighborhood program.
Councilor Wilson requested Mayor Dirksen to review each resolution in more
detail.
Tigard City Council Minutes Page 8
Meeting of October 12, 2004
Mayor Dirksen reviewed the commitments made in each resolution should the
annexation be approved. (Note the resolution number was added after all the
resolutions were discussed.)
No. Subject Mayor Dirlcsen's Explanation
04- Reaffirmation of Phase-in of There will be a slight net decrease in taxes the first year
72 Taxes as stated in Ballot with the elimination of the taxes for the Washington
Measure Enhanced Sheriff's District and the Road Maintenance
District. The permanent City of Tigard tax rate is
$2.5131 per $1,000 assessed value. Councilor
Wilson noted utility taxes and SDC's were not included
in the tax phase in.
04- Recognizing Bull Mountain Throughout the annexation hearings, Council received
73 areas as neighborhood with testimony that Bull Mountain area was a unique
unique identity neighborhood. The City is looking at a future program
of identifying unique neighborhoods throughout City.
04- Immediately hire and train The hiring and training of police officers will take 12-
74 eleven police officers beginning 15 weeks. Police officers would be able. to begin
in January 2005 serving the Bull Mountain area July 1 with the same
Level 1 service level received by the rest of the city
residents, which is four minutes of less.
04- Begin aggressive search of City recognizes the Bull Mountain area lacks park area.
75 potential park land in January The search would be to find property for a third city
2005 anchor park in the BuII Mountain area.
04- Assume responsibility from The City will begin its comprehensive plan review
76 Washington County for process in January 2005. If the Bull Mountain
Comprehensive Planning of Bull annexation is approved, that area would be
Mountain Area incorporated at the beginning of the whole process.
The Comprehensive Plan was last updated in 1984,
and several modifications have been approved each
year since then. If the Ballot Measure is approved, the
area would not be legally within the city until July 1,
2005. Residents of the Bull Mountain area would be
appointed to serve on all the citizen task forces relating
to the comprehensive plan revision in addition to
existing city residents.
Tigard City Council Minutes Page 9
Meeting of October 12, 2004
04- Commit average ofat least While the Bull Mountain area is part of Washington
77 30% of Capital Improvement County, capital improvements have not taken place in
Funds to projects in the Bull the area, particularly in the areas of streets and parks.
Mountain area for at least the The area is vastly underserved. If the Bull Mountain
next five years area is annexed, the population of the Bull Mountain
area would represent between 15% and 17% of the
City's population. The City is willing to double the
amount of Capital Improvement Funds to-30% to be
used on capital improvement projects in the Bull
Mountain area for the next five years. After five years,
projects would compete with other capital
improvement projects in the rest of the city.
04- Allocate System Development City recognizes the need for parks in the Bull Mountain
78 Charges (SDC's) collected in area. This would dedicate all Parks SDC's collected
Bull Mountain area to park and from development in the Bull Mountain area to parks
open space projects in the Bull and open space in the Bull Mountain area.
Mountain area
b. Council Discussion
Mayor Dirksen stated Councilor Woodruff is out of town and had sent a
message asking to go on record that he had reviewed the proposed resolutions,
which he supports, and asked if the record could indicate his `"Aye" vote in
order for the resolutions to pass by a unanimous vote. Mayor Dirksen noted
that the record could not indicate Councilor Woodruff's "Aye" vote, because
the councilor has to either be physically present or participating by telephone
for votes to be recorded.
Councilor Wilson stated Council is committed to providing city services to the
Bull Mountain area upon annexation. These resolutions states what will happen
after annexation. Council took the initiative to bring these forward at this time.
Councilor Sherwood noted Council had stated during the annexation process
they would come back with commitments to the citizens. These comments
were not just a lot of hot air made at the time, but Councilors were now
honoring the comments made in August.
Councilor Moore stated the Council had indicated its intention during the
annexation hearings that it would come back sometime this fall with statements
relating to service commitments to residents of the Bull Mountain area.
Tigard City Council Minutes Page 10
Meeting of October 12, 2004
Mayor Dirl(sen stated he had proposed most of these resolutions to Council.
He pointed out some people may question the timing of these resolutions, but
these resolutions are a commitment made by Council during the annexation
process. It would have been inappropriate to make these at the time the
annexation measure was forwarded to the Ballot.
Upon motion of Commissioner Sherwpod seconded by Councilor Wilson, TO
APPROVE RESOLUTION NO. 04- RESOLUTION OF THE TIGARD
CITY COUNCIL CONFIRMING TH MMITMENT OF A THREE YEAR
PHASE-IN OF TAXES FOR BULL MOUNTAIN RESIDENTS UPON
ANNEXATION OF THE BULL MOUNTAIN AREA.
The motion was approved by a unanimous vote:
Mayor Dirlcsen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
Upon motion of Commissioner Wilson, seconded by Councilor Sherwood, TO
APPROVE RESOLUTION NO. 04-73 - A RESOLUTION OF THE TIGARD
CITY COUNCIL CONFIRMING THE COMMITMENT OF RECOGNIZING
THE BULL MOUNTAIN AREA AS A NEIGHBORHOOD WITH A
UNIQUE IDENTITY IN A REVISED NEIGHBORHOOD PROGRAM.
The motion was approved by a unanimous vote:
Mayor Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
Upon motion of Commissioner Sherwood, seconded by Councilor Wilson, TO
APPROVE RESOLUTION NO. 04-74 - A RESOLUTION OF THE TIGARD
CITY COUNCIL CONFIRMING THE COMMITMENT OF THE
IMMEDIATE HIRE OF ELEVEN POLICE OFFICERS UPON ANNEXATION
OF THE BULL MOUNTAIN AREA.
The motion was approved by a unanimous vote:
Tigard City Council Minutes Page 11
Meeting of October 12, 2004
Mayor Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
Upon motion of Commissioner Wilson, seconded by Councilor Sherwood, TO
APPROVE RESOLUTION NO. 04-75 - A RESOLUTION OF THE TIGARD
CITY COUNCIL CONFIRMING A COMMITMENT TO AN AGGRESSIVE
SEARCH OF POTENTIAL PARK LAND PURCHASES UPON
ANNEXATION OF THE BULL MOUNTAIN AREA.
The motion was approved by a unanimous vote:
Mayor Dirksen - Yes
Councilor Moore . - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
Upon motion of Commissioner Sherwood, seconded by Councilor Wilson, TO
APPROVE RESOLUTION NO. 04-76 - A RESOLUTION OF THE TIGARD
CITY COUNCIL CONFIRMING THE COMMITMENT TO ASSUME
RESPONSIBILITY FROM WASHINGTON COUNTY FOR THE
COMPREHENSIVE PLANNING OF THE BULL MOUNTAIN AREA UPON
ANNEXATION OF THE BULL MOUNTAIN AREA AND INCLUDE THE
BULL MOUNTAIN AREA IN THE CITY'S COMPREHENSIVE PLANNING
PROCESS THAT WILL BE INITIATED IN JANUARY 2005.
The motion was approved by a unanimous vote:
Mayor Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
Upon motion of Commissioner Moore, seconded by Councilor Wilson, TO
APPROVE RESOLUTION NO. 04-77 - A RESOLUTION OF THE TIGARD
CITY COUNCIL CONFIRMING THE COMMITMENT OF AN AVERAGE
OF AT LEAST 30% OF CAPITAL IMPROVEMENT FUNDS TO PROJECTS
IN THE BULL MOUNTAIN AREA FOR FIVE YEARS UPON
ANNEXATION OF THE BULL MOUNTAIN AREA.
The motion was approved by a unanimous vote:
Tigard City Council Minutes Page 12
Meeting of October 12, 2004
Mayor Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
Upon motion of Commissioner Sherwood, seconded by Councilor Wilson, TO
APPROVE RESOLUTION NO. 04-78 - A RESOLUTION OF THE TIGARD
CITY COUNCIL CONFIRMING THE COMMITMENT TO ALLOCATE
PARK SYSTEMS DEVELOPMENT CHARGES COLLECTED AFTER
ANNEXATION OF THE BULL MOUNTAIN AREA TO PARK AND OPEN
SPACE LAND ACQUISITION ON BULL MOUNTAIN.
The motion was approved by a unanimous vote:
Mayor Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
5. DISTINGUISHED BUDGET AWARD
Mr. Prosser stated the Government Finance Officers Association sponsors a
Distinguished Budget Presentation Award, which is intended to encourage jurisdictions
to adhere to the highest principles in developing their governmental budgets. In order
to qualify for the award, jurisdictions must satisfy nationally recognized guidelines for
the presentation of.budgetary information in 27 categories. His goal has been, and
continues to'be, to improve in all categories. The City received an "outstanding"
rating in 15 of the 27 categories. His goal is to receive "outstanding in even more
categories. The city has received this award for 17 consecutive years.
Mr. Prosser recognized members of the Finance Department who work on this annual
document, including Tom lmdieke, Michelle Wareing, Heather Block and Maureen
Denny.
Mr. Prosser presented the Distinguished Budget Presentation Award to Mayor Dirksen.
6. LIBRARY OPERATIONS UPDATE
Margaret Barnes, Library Director, introduced Library Board members Jan Thenell and
David Burke. She reviewed some statistics relating to hours of operation, number of
cards issued and circulation since 2003.
Tigard City Council Minutes Page 13
Meeting of October. 12, 2004
Mr. Burke stated many of his friends and members of his family compliment him on
the new library building as if he had personally built it. Concerned friends and family
have expressed their concern about the current hours of operation however.
Ms. Thenell discussed the need for more resources in order to expand the operating
hours. The Board has been working on a strategic plan this year for the library to be
more involved in the community and to be a neighborhood player. One component
is to get more involvement by members of the community, from parents of pre-school
students, teenagers, seniors, job seekers, and many others.
Mayor Dirksen stated Council appreciates the concerns relating to funding and hours
of operation. The Washington County Commissioners did not place the library levy
on the ballot for November 2004, and WCCLS cut the supplements to cities when
the last levy ended in June. The Board and Council did not have city funds to
maintain the same number of hours as they had with the levy funds. He had noticed
the Young AduIt's Room at the new Library is used by teens to do homework and just
hang out.
Ms. Barnes noted there has been a Iarge increase of people coming to the new Iibrary
since the new library opened in August. With the allocation of some funds from the
Hotten bequest, the hours were increased to 54 hours a week for the 12-week period
beginning with the opening of the Library to the first of November. The staff and
board are working on a five-year strategic plan for the library and invite comments and
suggestions from patrons. They are trying to find creative ways to meet this public
need.
Mr. Monahan reviewed the background of the past two library levies the Washington
County Commissioners put on the ballot last year. Curtis Tigard gave permission for
the City to use part of the money from the bequest his sister, Grace Tigard Holten,
gave to the City to keep the library open longer hours after the Library opened in
August.
Ms. Thenell stated the Library is probably the busiest place in the City, receiving a
high volume of traffic.
7. TUALATIN RIVER TRAIL EASEMENT & PEDESTRIAN BRIDGE UPDATE
a. Staff Report:
Duane Roberts, Associate Planner in Community Development, pointed out
the location of the Tualatin River Trail Easement on an aerial photo. He noted
Tigard City Council Minutes Page 14
Meeting of October- 12, 2004
the environmental buffer area has increased from 25 feet to 125 feet over a
period of several years. There is an existing easement from Clean Water
Services for the trail easement, but in order. to construct the trail, the old
easement will have to be released and a new easement given. Mr. Roberts then
reviewed PowerPoint slides to show some of the existing path/trail area.
Dan Plaza, Parks Manager, provided an update on the status of the Pedestrian
Bridge. This will be the first pedestrian-only bridge over the Tualatin River.
The City of Tualatin took the lead on this project with Justin Patterson of
Tualatin being the lead person. Mr. Patterson has worked with David Evans
and Associates who is the consultant on the bridge design. The construction
estimate was short by $220,000, and Mr. Patterson then worked with the
State Deparbnent of Transportation to secure approval of additional funding.
The project requires a local match, to be split between the Cities of Tigard,
Tualatin and Durham. Mr. Plaza distributed a handout entitled "Matching
Funds Distribution," (Agenda Item 7, Exhibit l) which shows that Tigard's
contribution will be $250,125, Tualatin's contribution of $160,000, and
Durham's contribution of $10,000. Tualatin's share is smaller because their
staff has done so much of the work on this. The source of Tigard's share will
come from the County MSTIP ($192,597) and Parks SDC's ($57,528).
Mr. Roberts stated the action staff is recommending at this time only is to
authorize the City Manager to execute the Release of the Easement. Later
there will be a formal agreement on costs and Clean Water Services will
execute a new easement.
b. Council Discussion
Councilor Wilson asked if the trail had been physically staked on the ground in
order to take trees and topography into account.
Mr. Roberts responded that it had, and the wiggles on the drawings show the
location of trees and topography constraints.
Upon motion of Councilor Moore, seconded by Councilor Sherwood, TO
AUTHORIZE THE CITY MANAGER TO EXECUTE THE RELEASE OF
EASEMENT REGARDING THE TUALATIN RIVER TRAIL EASEMENT.
The motion was approved by a unanimous vote:
Tigard City Council Minutes Page 15
Meeting of October 12, 2004
Mayor Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
8. CONTIGUOUS ANNEXATION
a. Staff Report
Jim Hendryx, Community Development Director, stated this item is a follow-
up to Councils discussion at its September 21 work session. He then reviewed
the four points Council had directed which would memorialize their decision as
follows:
• Tigard will continue to process requests to annex properties that are
contiguous to the City limits.
• The double majority method will not be used to bring in additional
properties as part of these annexations, even if doing so creates a more
uniform boundary.
• Where properties adjacent to those requesting annexation have
previously signed consents to annex, those consents will be processed
concurrently. If consents to annex are submitted after the property
becomes contiguous to the City limits, annexation will be processed
immediately.
• Tigard will not proceed with island annexations on a case-by-case basis
unless further directed by Council. (NOTE: See below for revised
language.)
b. Council Discussion
The Council discussed the various points. Council concurred to make the
following change to the last point:
• Tigard will [not] only proceed with island annexations on a case-by-case
basis unless further directed by Council.
Mr. Hendryx explained the City is not able to approve any annexation requests
for 60 days prior to or 1 day after an election. There are annexations
scheduled before Council on December 9, well after the November election.
The Council CONCURRED with the direction as outlined and with the change
to the fourth point. No formal action was required.
Tigard City Council Minutes Page 16
Meeting of October 12, 2004
9'. CONSIDERATION OF A POLICY TO ESTABLISH A RESIDENTIAL SERVICE
AGENCY EMERGENCY FUND
a. Staff Report
Liz Newton, Assistant to the City Manager, presented the staff report and
indicated this was a follow-up to the Council's August 17 workshop meeting
regarding the establishment of a policy regarding the proposed Residential
Services Agency Emergency Fund. The policy provides the fund not exceed
5% of the total allocated for social service grants, with funds to be used for
emergencies only. If Council approves the policy, there will need to be a
budget amendment to appropriate the funds for this fiscal year, and any
unused funds will be returned to the general fund at the end of the year and
not carried over to the next year.
b. Council Discussion
Councilor Sherwood noted she concurs with the proposed policy to allocate
emergency funds.
Councilor Moore asked where the amount is stated in the resolution. Ms.
Newton replied it is on the last line of item 1 of the proposed policy.
Mayor Dirksen agreed this has been rarely used in the past, but the funds
would be available for a true emergency under the guidelines of the policy.
C. Upon motion of Councilor Sherwood, seconded by Councilor Wilson, TO
APPROVE RESOLUTION NO. 04-79 — A RESOLUTION OF THE
TIGARD CITY COUNCIL APPROVING A POLICY TO ESTABLISH A
RESIDENTIAL SERVICES AGENCY EMERGENCY FUND.
The motion was approved by a unanimous vote:
Mayor Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
10. COUNCIL LIAISON REPORTS - None
Tigard City Council Minutes Page 17
Meeting of October 12, 2004
11. NON AGENDA ITEMS - None
12. ADJOURNMENT — Mayor Dirlcsen adjourned the meeting at 9:07 p.m.
li
0McCiaNin, Deputy City ecor er
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Tigard City Council Minutes Page 18
Meeting of October 12, 2004