City Council Minutes - 02/26/2002 Agenda Item No.
Meeting of
MINUTES
TIGARD CITY COUNCIL BUSINESS MEETING
February 26, 2002
• STUDY SESSION
Meeting was called to order at 6:36 p.m.
- Council Present: Mayor Griffith; Councilors Dirksen, Moore, Patton, and
Scheckla
> PREVIEW A REVISION TO CITYWIDE PERSONNEL POLICIES
UPDATING FAMILY AND MEDICAL LEAVE
Human Resources Director Zodrow and Human Resources Senior Analyst
Burbank introduced this agenda item. A copy of the staff report is on file in
the City Recorder's office. Ms. Zodrow and Ms. Burbank previewed revisions
to Resolution No 00-08, Citywide Policies to update the provisions for family
and medical leave.
> WASHINGTON SQUARE REGIONAL CENTER PLAN
It was noted the public hearing on the Washington Square Regional Plan was
closed. Council decided it would allow testimony from Bill Adams including
allowing him to submit his testimony if he is in attendance at tonight's business
meeting. (The written testimony for Mr. Adams was submitted by attorney
Ross Day and is dated February 26, 2002. This testimony is on file in the
City Recorder's office). No other testimony will be allowed.
Mr. Hendryx advised that the findings include statewide goal information. (See
memorandum dated February 26, 2002, from Community Development
Director Hendryx to the Tigard City Council regarding "Findings on Statewide
Goals" on file in the City Recorder's office.)
> Council reviewed minor wording changes to the joint Funding Agreement
(Agenda Item 4.4); changes included adding Raleigh and Clackamas water
agencies.
> Council discussed a lunch to be held by Tualatin Valley Fire & Rescue on
March 5, 2002.
> City Manager Monahan briefly reviewed highlights of his recent USAid trip to
Samarinda, Indonesia, and the memorandum of understanding developed to
assist the City and County (Kutai) with local government services.
COUNCIL MINUTES — FEBRUARY 26, 2002 page 1
Meeting recessed at 7 p.m.
1. BUSINESS MEETING
1.1 Call to Order - City Council 8z Local Contract Review Board
Mayor Griffith called the meeting to order at 7:33 p.m.
1.2 Roll Call: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckla.
1.3 Pledge of Allegiance
1.4 Council Communications 8t Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items: None
7:35 PM
2. VISITOR'S AGENDA
• Carl Hosticka, Metro Council Presiding Officer, 600 NE Grand Avenue, Portland,
OR 97232, was present to clarify the intent of a Metro Council resolution
referring a measure to the voters on the May ballot. This proposed measure
would amend the Metro Charter to require the Metro Council to amend the
Regional Framework Plan to support the character of identified inner and outer
neighborhoods. (See February 19, 2002, letter on file in the City Recorder's
office, which was written to the Mayor and City Council from Mr. Hosticka.)
Brenda Bernard, Metro Senior Planner, was also present and described the
difference between inner and outer neighborhoods. Council discussed the difficulty
this type of ballot measure represents for the Council as it considers the
Washington Square Regional Center: Metro states it supports regional centers and
existing density criteria, yet the message of the ballot title is that Metro has strong
concerns about existing neighborhoods.
• Jack Polans, SW Queen Victoria, King City, OR 97224, requested that Consent
Agenda Item Nos. 4.3 and 4.4 be removed from the Consent Agenda and
discussed separately. (These items were considered at the end of the meeting.)
• Dan Duffy (no address given) advised he was representing his neighborhood, which
would like to be excluded from the Washington Square Regional Center plans.
Mr. Duffy's neighborhood is located in Washington County (not in the City of
Tigard).
• Steve Schopp, 10475 SW Helenius Road, Tualatin, OR 97062, said Mr.
Hosticka's comments opened up the record on the Washington Square Regional
Plan. He said that the proposed ballot title from Metro was done to oppose and
defeat a ballot measure from Oregonians in Action.
COUNCIL MINUTES -- FEBRUARY 26, 2002 page 2
3. PROCLAMATION — Mayor Griffith issued the following proclamation:
a. Days of Remembrance, April 7 — 14, 2002
4. CONSENT AGENDA: Motion by Councilor Moore, seconded by Councilor
Scheckla, to adopt the Consent Agenda (with Item Nos. 4.3 and 4.4 pulled for
consideration at the end of the meeting).
4.1 Approve Council Minutes for November 27, December 11, December 18,
2001 and January 8, 2002
4.2 Approve an Updated Lease with Loaves and Fishes for the Use of the Tigard
Senior Center
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
4.3 Adopt a Resolution Recognizing Transfer of Juvenile Caseload to the Municipal
Court — Resolution No. 02 - (Considered at end of meeting.)
4.4 Approve Bull Run Regional Drinking Water Agency Joint Funding Agreement
(Considered at end of meeting.)
5. CONSIDER A RESOLUTION IMPLEMENTING THE WASHINGTON SQUARE
REGIONAL CENTER PLAN, AND AN ORDINANCE AMENDING THE TIGARD
COMPREHENSIVE PLAN AND MUNICIPAL CODE
a. Staff Report: Community Development Department
The public record was opened for the narrow purpose of accepting a letter
from Mr. Ross Day, attorney for Mr. Bill Adams. The February 26, 2002,
letter is on file in the City Recorder's office.
Mr. Bill Adams, 7889 SW Birdshill Court, Portland, OR 97223, outlined his
concerns with the "downzoning" of his property because of the MUR-2
requirements that both business and residential components must be available
in this zone's developments.
COUNCIL MINUTES — FEBRUARY 26, 2002 page 3
Community Development Director Hendryx reviewed the issues raised during
previous public testimony. These issues were addressed in a February 1,
2002, memorandum to Council, which is on file in the City Recorder's office.
Community Development Director Hendryx confirmed that Beaverton and
Washington County will hold public hearings for the properties of the
Washington Square Regional Center Plan that are in those jurisdictions.
City Attorney Ramis responded to the earlier comment (Schopp — Visitor's
Agenda) that comments from Metro Councilor Hosticka constituted opening
the public record. Mr. Ramis advised that the comments from the Metro
Hosticka are not part of this record, nor will they be part of the consideration
by Council. The information presented by staff was not new material.
There was further discussion on zoning and the boundaries affected by the
Plan.
b. Staff Recommendation: To implement the Washington Square Regional Plan,
Comprehensive Plan, and Development Code Amendments (proposed
resolution). To adopt the Comprehensive Plan and Development Code
amendments (proposed ordinance).
C. Council Discussion
Council Patton noted issues she had about upzoning in the floodplain and
wetland areas. She noted her concern that mitigation of wetlands does not
have to take place in the same area that has been impacted. She said she was
pleased that the impacts to existing residential area were limited. She said she
was troubled where there were requirements that commercial areas must also
try to find room for residential use. She noted that infrastructure funding
cannot be implemented up front, but there is a blueprint contained in the Plan
outlining what is needed. The Plan makes no assumptions about were funding
should come from and she noted it is difficult to anticipate availability of state
or federal funding. She said the bottom line is that a Plan is needed and she
thinks this is a good Plan. She said areas that needed closer scrutiny included
the upzoning in the flood plain and the changes proposed for requiring
residential uses that were predominantly commercial before.
Councilor Scheckla noted his agreement with Council Patton's remarks.
Councilor Dirksen agreed that this is a blueprint that can be implemented when
a property owner chooses to develop in this area. This won't happen
"tomorrow" — it's a 20-year plan.
COUNCIL MINUTES — FEBRUARY 26, 2002 page 4
Councilor Moore thanked the Task Force and the Subcommittees for their
work. He agreed with Councilor Dirksen in that this area will redevelop in time
and it's important to have a plan for an organized redevelopment. He referred
to the process that was done to create this plan, including the recommendation
by the Task Force and the Planning Commission. He said the Plan represents a
"living document" that can be adjusted as needed.
Mayor Griffith also noted agreement with Councilor Dirksen's comments about
the Plan being implemented only as property owners decide to develop. He
also agreed it was important to have a plan in place.
Councilor Scheckla referred to some potential new "vertical zoning"
applications that could be of benefit to the area. He recommended the
Council take a slower approach in order to eliminate any potential hardships.
Community Development Director explained building within wetland areas and
how densities are computed. The Plan offers flexibility to lessen standards if
the development will impact or eliminate wetlands. The zoning meets density
targets and establishing minimum densities is important. In response to
Councilor Patton, Community Development Director advised that, if parts of
the Plan are not workable, then the Council could reevaluate and changes
could be made to the Plan.
Motion by Councilor Dirksen, seconded by Councilor Moore, to forward a
letter to the City of Beaverton and Washington County that when they
consider the Plan they consider excluding areas in which zoning is not affected.
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
d. Motion by Councilor Moore, seconded by Councilor Dirksen, to adopt
Resolution No. 02-12, with the revised findings as submitted by staff.
RESOLUTION NO. 02-12 — A RESOLUTION IMPLEMENTING THE
WASHINGTON SQUARE REGIONAL CENTER PLAN INCLUDING
ZONING, DEVELOPMENT CODE, AND COMPREHENSIVE PLAN
AMENDMENTS ADOPTED PREVIOUSLY BY ORDINANCE NO. 00-18.
COUNCIL MINUTES — FEBRUARY 26, 2002 page 5
The motion was approved by a majority (4-1) vote of Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - No
e. Motion by Councilor Moore, seconded by Councilor Dirksen, to adopt
Ordinance No. 02-12, with the revised findings as submitted by staff.
ORDINANCE NO. 02-12 — AN ORDINANCE ADOPTING THE
COMPREHENSIVE PLAN AND DEVELOPMENT CODE CHANGES FOR
THE WASHINGTON SQUARE REGIONAL CENTER (CPA 2001-
00002/ZOA 2001-00002).
The motion was approved by a majority (4-1) vote of Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - No
Council meeting recessed: 9:55 p.m.
Council meeting reconvened 10:09 p.m.
6. UPDATE FROM THE NEW TIGARD LIBRARY CONSTRUCTION COMMITTEE
Library Director Margaret Barnes presented the staff report, which is on file with the
City Recorder.
7. UPDATE ON INSURANCE OPTIONS
Risk Manager Loreen Mills and ]BLBzK's Public Entity Division Manager Ron Graybeal
presented the update to the City Council. A summary of the information reviewed
with regard to the self-insurance review is on file in the City Recorder's office. The
conclusion of the review was that the City should remain traditionally insured.
COUNCIL MINUTES — FEBRUARY 26, 2002 page 6
8. OVERVIEW OF THE CITY'S ENGINEERING DEPARTMENT (This item was set
over to the March 26, 2002, City Council meeting.)
> CONSENT AGENDA ITEMS (Continued from earlier in the meeting — See Page 3)
4.3 Adopt a Resolution Recognizing Transfer of Juvenile Caseload to the Municipal
Court — Resolution No. 02 — 13
City Manager Monahan reviewed previous Council discussions on this matter.
In response to questions from Mr. Jack Polaris, Councilor Patton reviewed the
advantages for the City of Tigard to consider some juvenile cases in the
Municipal Court. Costs for this transfer will be absorbed in the current budget.
Motion by Councilor Moore, seconded by Councilor Scheckla to adopt
Resolution No. 02-13.
RESOLUTION NO. 02-13 — A RESOLUTION RECOGNIZING THE
TRANSFER OF LIMITED JUVENILE CASELOAD FROM THE
WASHINGTON COUNTY JUVENILE DEPARTMENT TO THE TIGARD
MUNICIPAL COURT.
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
4.4 Approve Bull Run Regional Drinking Water Agency Joint Funding Agreement
For the benefit of Mr. Jack Polaris who asked for clarification on this agenda
item, Councilor Patton and Public Works Director Wegner reviewed the history
of this agenda item, which had been before the Council several times for
discussion. The purpose of the agreement is to explore the feasibility to form a
regional drinking water agency.
Motion by Councilor Patton, seconded by Councilor Scheckla to approve the
joint funding agreement.
The motion was approved by a unanimous vote of Council present:
COUNCIL MINUTES — FEBRUARY 26, 2002 page 7
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
9. COUNCIL LIAISON REPORTS: None
10. NON AGENDA ITEMS: None
11. EXECUTIVE SESSION: Canceled
12. ADJOURNMENT: 10:44 PM
Catherine Wheatley, City Recorder
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COUNCIL MINUTES — FEBRUARY 26, 2002 page 8