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City Council Minutes - 08/21/2001 Agenda Item No. 3, Meeting of 10-23-01 MINUTES TIGARD CITY COUNCIL MEETING August 21, 2001 1. WORKSHOP MEETING 1.1 Call to Order — Mayor Griffith called Meeting to order at 6:30 p.m. 1.2 Roll Call: Mayor Griffith; Councilors Dirksen, Moore, Patton and Scheckla (arrived at,6:35 p.m.) 1.3 Pledge of Allegiance 1.4 Council Communications 8i Liaison Reports — None. 1.5 Call to Council and Staff for Non Agenda Items — None. 2. UPDATE ON WASHINGTON COUNTY VISION WEST This item was set over to a future City Council meeting. (Note: Next Item discussed was Agenda Item No. 4) 3. JOINT MEETING WITH THE PLANNING COMMISSION Community Development Director Hendryx reviewed this agenda item and updated the City Council and Planning Commission on the conclusions and recommendations of the Washington Square Regional Center Task Force. For more detailed information, please see the staff report on file with the City Recorder. Consultant John Spencer reviewed the summary report and the task force work to date. Consultant Elaine Cogan reviewed the charges given to the Washington Square Regional Center Task Force for public outreach and to develop recommendations for storm water drainage, open space, environmental and natural resource issues, and preparation of strategies and a financial plan for transportation improvements. Four technical advisory subcommittees (TASes) reported to the Task Force and worked closely with City staff and the consultant team led by Spencer 8i Kupper. In addition, two public events were held to solicit public comment on the TASes' and Task Force's work. The Task Force met six times to give guidance to the technical committees. Mr. Spencer then reviewed the findings of the Task Force, which included recommendations for Comprehensive Plan amendments and establishment of new multiple use zones. Transportation was an issue that represents significant problems to be resolved now. The area has not seen the type of transportation investment needed. There is a lack COUNCIL MINUTES -• August 21, 2001 page 1 of roads and there is no adequate place for buses. Mr. Spencer reported that a "fatal flaw" review was performed for all proposed projects; no "fatal flaw" was found. Also the change of zoning was examined to determine what impact such a change would have on the transportation needs in the area. In response to a question from Commissioner Padgett, Mr. Spencer confirmed that, with either the new or old zoning, transportation improvement needs would be the same. While the proposed changes will not make the transportation situation better, it will not make it worse. However, the quality of development (with the proposed changes) will be better. Accuracy of existing natural resource maps was verified for areas located in the Cities of Beaverton and Tigard. The mapping of vegetation in these communities was completed. Wetland areas were also reviewed. It was recommended that the City's maps be updated with this new information. A question reviewed was: Are the regulations in the City designed to protect the natural resources effective? The conclusion was that the regulations in place are adequate to protect local natural resources. The proposed zoning was reviewed to determine whether it would cause more of an impact to natural resources. It was noted that the potential for impact would be regulated regardless of underlying zoning. Other ideas discussed and contained in the summary report included storm water management, greenbelt- open spaces, and financial strategies. Measure 7 implications were briefly discussed. Mr. Hendryx noted that staff was working with the attorney's office to clarify potential Measure 7 implications. Mr. Spencer responded to several questions asked by the City Council and the Planning Commission with regard to natural resources. Mr. Hendryx noted that the next step would be to conduct hearings. A hearing is now scheduled for the Planning Commission in November; a January 2002 hearing is scheduled for the City Council. It was noted that; it would be a good idea to get other jurisdictions, Beaverton and Washington County, to discuss funding. Council meeting recessed: 8:25 p.m. Council meeting reconvened: 8:34 p.m. (Note: Agenda Item No. 5 was discussed next.) COUNCIL MINUTES — August 21, 2001 page 2 4. DISCUSSION OF LAND USE APPEAL PROCESS Community Development Director Hendryx reviewed this agenda item with the City Council. Contained in the staff report, which is on file with the City Recorder, is a flowchart for land use appeals as well as the applicable Municipal Code sections. Planning Commission members present at this meeting included John Olsen, Mark Padgett, Shel Scholar, Scot Sutton, Steven Topp, and Nick Wilson (Planning Commission Chair). The Planning Commission members joined the discussion for this agenda item. Mr. Hendryx briefly reviewed the land use appeal process. For detailed information, please see the staff report on file with the City Recorder. There was discussion on the recent decision regarding the Blue Heron planned development. Several Planning Commission members advised of their concern with the planned development process in the City of Tigard. Planning Commission Chair Wilson said that he believed that the Blue Heron decision was the first decision that has come from the Planning Commission that was not well grounded. He noted the Commission's frustration with the planned development process in that the regulations within the Municipal Code do not result in innovative development but is just a means for developers to "cram" more units into a development. He further advised he did not see the validity of the bonus that provides for additional units in the planned development process. He cited as an example the recent Blue Heron development where most trees were located in the greenspace and could not be touched regardless, yet used as part of the formula to qualify for a bonus for more units/greater density. After discussion, City Council and Planning Commission members agreed that a review of the Planned Development Municipal Code provisions was warranted. This review will start with the Planning Commission. (Note: Agenda Item No. 3 was discussed next.) 5. DISCUSSION OF METRO'S 2040 GROWTH CONCEPT Community Development Director Hendryx referred to the staff report on file with the City Recorder. Mr. Hendryx reviewed questions with regard to the periodic review's discussion topics for meetings with local government officials that were prepared by Metro. Mr. Hendryx noted that the major issues for the City of Tigard concern infrastructure and infill. There was some discussion on priorities. It was also noted that citizens value privacy and do not like traffic congestion. Density requirements are forcing construction into not easily buildable properties. There is a need to ease the pressure on communities as a result of the density requirements. City Council will be meeting with Metro representatives on September 10, 2001. COUNCIL MINUTES —• August 21, 2001 page 3 (Note: Agenda Item No. 7 was discussed next.) 6. UPDATE ON PHOTO RADAR Police Chief Ron Goodpaster reviewed the staff report, which is on file with the City Recorder. He discussed the issues associated with the implementation of photo radar at this time. He advised that the Police Department is not proceeding with photo radar. He noted that he was concerned about public tolerance and a reaction in more than doubling the amount of speeding citations and the ability of the program to pay for itself. Consensus of City Council was to support Chief Goodpaster's recommendations. (Note: Administrative Items were discussed next; see Item No. 10.) 7. SOLID WASTE RATE POLICY CLARIFICATION AND FEEDBACK The purpose of this discussion was to obtain feedback from Council members before staff developed a recommended rate structure. It was noted that a tip fee increase could go into effect July 1, 2002, which would mean that solid waste rates would go up by $2.90 per ton. Members of the Solid Waste Policy Task Force were present including Mike Leichner of Pride Disposal and Mike Jefferies of Miller's Sanitary (Waste Management). Tom lmdieke, Finance Operations Manager, reviewed the staff report and review process. He referred to areas where staff was seeking Council direction: Y What aggregate rate of return should be used in establishing a proposed solid waste rate structure? Council discussed the current rate of return experienced of 11.6%. The haulers are concerned with the competition on their drop box business. It was noted that there are court cases that are yet to be decided with regard to a challenge to the manner in which franchises are granted by cities. ➢ There was discussion of a subsidy issue where the commercial ratepayers are subsidizing residential rates. There was discussion on how to phase in moving away from the commercial subsidy to residential rates. Councilor Dirksen suggested that if there was a big increase in costs, then a phased-in approach might be best. Councilor Patton agreed that the City should continue to move to reduce the subsidy by commercial ratepayers for residential ratepayers (toward a cost-of-service rate for both ratepayers). The timeline to reach parity will depend on how large of an increase it will be to residential ratepayers - perhaps two to four years. Staff will make a recommendation with the Solid Waste Work Group's assistance. COUNCIL MINUTES - August 21, 2001 page 4 ➢ Council agreed that they would like to continue encourage recycling in their policies. (Note: Council discussed Agenda Item No. 6 next.) 8. COUNCIL LIAISON REPORTS: None 9. NON-AGENDA ITEMS: None. 10. ADMINISTRATIVE ITEMS DISCUSSED: ➢ Upcoming Metro Meeting on September 10, 2001. ➢ joint Meeting at the City of Tualatin with the Tualatin Council on October 15, 6- 7:30 p.m. ➢ Discussion on upcoming vacation plans for the City Councilors. Reminder that during cable television broadcasts, City Council members should push buttons on the microphones to reduce noise when appropriate. ➢ The August 2 3 Commuter Rail meeting was cancelled. ➢ City Manager Monahan described the trip to Samarinda, Indonesia, where the City will participate in the Resource Cities Program through ICMA/US Aid. The cost to the City will be time away from the office by staff members who participate. The program pays the costs for transportation and lodging. Mr. Monahan advised that staff member participation will depend on the needs and said representatives will be tapped from Public Works, Community Development, and Finance. Council consensus was for the Manager to proceed with plans to participate in the program. 11. EXECUTIVE SESSION: Canceled. 12. ADJOURNMENT: 10:07 p.m. ""UD&e� g Catherine Wheatley, City Recorder Attest: tyor, o d Date: a &L)D \\TIG333\USR\DEPTS\ADM\CATHY\CCM\010821.DOC COUNCIL MINUTES — August 21, 2001 page 5