City Council Packet - 12/22/1992
CITY OF TIGARD
OREGON
AGENDA
PUBLIC NOTICE. Anyone wishing to speak on an
agenda item should sign on the appropriate sign-up
4. sheet(s). If no sheet is available, ask to be
recognized by the Mayor at the beginning of that
agenda item. Visitor's Agenda items are asked to be
two minutes or less. Longer matters can be set for
a future Agenda by contacting either the Mayor or
the City Administrator.
1. BUSINESS MEETING (5:30 PM)
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Cali
1.3 Pledge of Allegiance
1.4 Call to Council and Staff for Non-Agenda Items
` 2. VISITOR'S AGENDA (Two Minutes or Less, Please)
3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one
motion without separate discussion. Anyone may request that an item be removed by motion
for discussion and separate action. Motion to:
3.1 Approve Council Minutes: December 8, 1992
3.2 Approve Capital Improvement Projects (CIP) Projects - Streets
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COUNCIL AGENDA DECEMBER 22, 1992 - PAGE 1
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4. PUBLIC HEARING - CONSIDERATION OF AMENDMENT TO SOLID WASTE FRANCHISE
ORDINANCE (FRANCHISE TERM)
Council will consider amending the length of term of the Solid Waste Management Ordinance
codified as Tigard Municipal Code 11.04. In compliance with the Tigard Municipal Code
requirements, Council will consider a proposed amendment to the franchise ordinance submitted
by the franchise holders. This amendment, if approved, would change the term of the franchise
ordinance from 10 years with an automatic renewal clause, to a 7 year, automatically renewable,
contract over the next three years.
• Open Public Hearing
• Declarations or Challenges f
• Staff Report & Recommendation: Acting Public Works Director
• Public Testimony
Opponents
Proponents
Rebuttal
• Council Questions
• Close Public Hearing
• Council Consideration: Ordinance No. 92-
5. NON-AGENDA ITEMS
6. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the
provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property
u ansactions, current and pending litigation issues.
7. ADJOURNMENT
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COUNCIL AGENDA - DECEMBER 22, 1992 - PAGE 2
Council Agenda Item 3,1
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T I G A R D C I T Y C O U N C I L
MEETING MINUTES - DECEMBER 22; 1992
• Meeting was called to order at 5:35 p.m. by Mayor Edwards.
1. ROLL CALL
Council Present: Mayor Jerry Edwards; Councilors Judy
Fessler, Valerie Johnson, and John Schwartz (arrived at 6:14).
Staff Present: Patrick Reilly, City Administrator; Jim
Coleman, Legal Counsel; Loreen Edin, Acting Public Works
Director; Liz Newton, Community Relations Coordinator; and
Randy Wooley, City Engineer.
BUSINESS MEETING
2. VISITOR'S AGENDA
No visitors asked to be recognized.
3. CONSENT AGENDA: Motion by Councilor Fessler, seconded by
Councilor Johnson, to remove Item 3.2 for further discussion.
The motion passed by unanimous vote of Council present.
Motion by Councilor Johnson, seconded by Councilor Fessler to
approve Item 3.1.
3.1 Approve Council Minutes: December 8, 1992
The motion passed by unanimous vote-of Council present.
3.2 Approve Capital Improvement Projects (CIP) - Streets
Councilor Fessler asked if the recommendations presented were
as a result of Council direction to redirect the Main Street
improvement funds. City Engineer affirmed. Councilor Fessler
expressed concern that the Bonita Road regrading is not a high
priority. City Engineer Wooley explained that the
Transportation Advisory Committee focused on safety
improvements and that Bonita Road has an accident history.
Councilor Johnson echoed Councilor Fessler's concerns.
Councilor Johnson expressed surprise that the funds had been
directed away from Main Street. She thought that the funds
were to go a section of Main Street that would not be impacted
by improvements to 99W.
After discussion about the Council's process, City
Administrator Reilly suggested that action on all ..r the
recommendations be deferred to January. Council consensus was
to defer action to a meeting in January 1993.
CITY COUNCIL MEETING MINUTES - DECEMBER 22, 1992 - PAGE 1
Nil
Nil
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4. PUBLIC HEARING - CONSIDERATION OF AMENDMENT TO SOLID WASTE
FRANCHISE ORDINANCE (FRANCHISE TERM) Consideration of an
ordinance to amend the length of term of the Solid Waste
Management ordinance codified as Tigard Municipal Code 11.04.
In compliance with the Tigard Municipal Code requirements,
Council will consider a proposed amendment to the franchise
ordinance submitted by the franchise holders. This amendment,
if approved, would change the term of the franchise ordinance
from ten years with an automatic renewal clause, to a 7 year,
automatically renewable, over the next three years.
a. Public Hearing was opened.
b. Declarations or Challenges: None
C. Staff ReporF - Acting Public Works Director Edin
summarized the history of the existing ordinance and the
staff's recommendation. She emphasized that the franchise
haulers also support staff's recommendation. She also
read a memo submitted by Councilor Kasten into the
record. (Councilor Kasten's memo is on file with the
packet material).
d. Public Testimony
• Mr. Jack Polance, King City resident, offered
testimony in opposition to the proposed ordinance
expressing concern that the burden of proof not to
renew franchises in the future would shift to the
City Council. He advised this may be undesirable
since increasing costs charged by Metro are out of
Council's control.
Mayor advised that the terms of the franchise and
costs charged by Metro are not tied together.
• Mr Eldon Wogen, Chair, City of Tigard Solid Waste
Advisory Committee, presented testimony regarding
the public hearing held before the Solid Waste
Advisory Committee on December 21, 1992. After
receiving testimony, the committee voted
unanimously to recommend the Council approve the
alternative outlined in the staff's proposed
ordinance. (A copy Mr. Wogen's remarks are on file
with the packet material).
• Mr. Bill Martin, Executive Director, Washington
County Haulers Association, provided testimony on
behalf of the haulers. Mr. Martin thanked Council
and the Solid Waste Advisory Committee for working
with the haulers on the issue. After explaining
the impact franchise terms can have on haulers'
cash flow and customer rates, he emphasized the
haulers' support for the proposed ordinance.
Council asked for clarification of cash flow information
provides by haulers's representative.
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CITY COUNCIL MEETING MINUTES - DECEMBER 22, 1992 - PAGE 2
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Councilor Schwartz arrived at 6:14.
e. Public hearing was closed.
f. Councilor Fessler advised she would support a 7 Year term
although 5 years would be preferred. She believes 7 years
is a good compromise for the haulers and the city.
g. ORDINANCE NO. 92-36; AN ORDINANCE AMENDING CHAPTER 11.04,
SOLID WASTE MANAGEMENT, RELATING TO FRANCHISE TERM AND
AUTOMATIC RENEWAL.
h. Motion by Councilor Fessler, seconded by Councilor
Johnson, to adopt Ordinance No. 92-36.
The motion was approved by a unanimous vote of Council
present.
i. RESOLUTION NO. 92-59; A RESOLUTION TERMINATING FURTHER
RENEWALS OF THE SOLID WASTE MANAGEMENT FRANCHISES IF
AMENDMENT OF THE FRANCHISES IS NOT ACCEPTED BY DECEMBER
30, 1992.
j. Motion by Councilor Johnson, seconded by Councilor
Fessler, to adopt Resolution 92-59.
The motion was passed by a unanimous vote of Council
present.
5. NON-AGENDA ITEMS
a. Mayor Edwards informed the members of council that he had
been contacted by Mr. Bob Gray regarding the City's
requirements for dedication of floodplain. Mr. Gray felt
that, in his case, the requirement was excessive because
he would be required to dedicate significantly more land
than is buildable.
City Administrator Reilly elaborated on the details and
suggested that Council may want to consider initiating an
amendment to the Comprehensive Plan that would allow for
variances or some discretion in requiring dedication of
floodplain. Legal Counsel Coleman concurred with City
Administrator's suggestion and advised that some
flexibility in requiring dedication may limit the City's
exposure in claims of "taking."
Councilor Schwartz stressed caution in looking at an
amendment so that the criteria is tight and limits those
eligible to truly extreme cases. Mayor Edwards expressed
support for some flexibility, advising that staff
indicated this may not be an isolated case. City
Administrator Reilly explained that the hardship is
CITY COUNCIL MEETING MINUTES - DECEMBER 22, 1992 - PAGE 3
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particularly great in multi-family zones where single
family development is proposed.
Motion by Councilor Schwartz, seconded by Councilor `
Fessler, to direct the Planning Commission to initiate an
amendment to the Comprehensive Plan related to dedication
of floodplain to allow for more flexibility.
b. City Administrator Reilly noted that actions taken this
evening were Councilor Johnson's last, as her term
expires at the end of December.
6. EXECUTIVE SESSION: Canceled
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7. ADJOURNMENT: 6:34 p.m.
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Elizabeth e , Deputy City Recorder
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ayo ity of Tigard
Date :
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CITY COUNCIL kEETING MINUTES - DECEMBER 22, 1992 PAGE 4
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COMMUNITY NEWSPAPERS, INC. Legal
PHONE (503) 664.0360 Notice
P.O. BOX 370
BEAVERTON, OREGON 97075 Tr 7414
Legal Notice Advertising
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• ❑ Tearsheet Notic( C`
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P.O. Box 23397 ran w . w
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AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, ass. a, W iy,t~ ~s
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3udtih Koehler
being first duly sworn, depose and say that I am the Advertising
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Director, or his principal clerk, of the
a newspaper of general circulation as efined in ORS 193.010 a~ O a a
blished at Tigard in the ~..s 3
and 193.020; pu
aforesaid ounty d ate;.th t e a" ~Dr~
City_ 8ouncil 91pecia. Reeting
copy of which is hereto annexed, was published in the ,r :
a printed =;~o>, ~
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entire issue of said newspaper for one successive and
consecutive in tha following issues: rn `
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December 17, 1992
17, day of December 1992
Subscribed and swor to before me this
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Notary Public for Oregon
my Commission Expires:
AFFIDAVIT
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COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684-0360 Notice
BEAVERTON, OREGON 97075 TT 7412
Legal Notice Advertising
• ° ❑ Tearshee4
City of Tigard ~o
P.O. Box 23397 I~;
® • ❑ Duplicate At Tigard, OR 97223' rya, a w
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AFFIDAVIT OF PUBLICATION
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STATE OF OREGON,
COUNTY OF WASHINGTON, )ss' S.~p
1, .huiith Koehlera`y'~►
being first duly sworn, depose ands .that 1 the Advertisin
Director, or his principal clerk, of the igard imes g M Sc~v.'
a newspaper of general circulation as defined in ORS 193.010: n- I~
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and 193.020; published at r q ,-d in the
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Public H
earing/Sold Waste tg 5:30pG
a printed copy of which is hereto annexed, was published in the
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entire issue of said newspaper for one successive and
consecutive in the following issues:
December 17, 1992 6
Subscribed and swor to before me this 17. day of December 1992
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Notary Public for Oregon
My Commissio xpires: Z.
AFFIDAVIT
AGENDA ITEM NO.' 2 - VISITOR'S AGENDA ? DATE: December 22. 1992 x
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(Limited to 2 minutes or less, please)
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Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on
other issues not on the agenda, but asks that you first try to resolve your concerns through staff.
Please contact the City Administrator prior to the start of the meeting. Thank you.
STAFF
NAME & ADDRESS TOPIC CONTACTED i
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Depending on the number of person wishing to testify, the Chair of the Council may limit the amount
of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair
may further limit time if necessary. Written comments are always appreciated by the Council to
supplement oral testimony.
AGENDA ITEM NO. 4 DATE: December 22, 1992
s
PUBLIC HEARING - CONSIDERATION OF AMENDMENT TO SOLID WASTE FRANCHISE
ORDINANCE (FRANCHISE TERM)
Council will consider amending the length of term of the Solid Waste Management
Ordinance codified as Tigard Municipal Code 11.04. In compliance with the Tigard
Municipal Code requirements, Council will consider a proposed amendment to the
franchise ordinance submitted by the franchise holders. This amendment, if approved,
would change the term of the franchise ordinance from 10 years with an automatic
renewal clause, to a 7 year, automatically renewable, contract over the next three years.
PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS
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COUNCIL AGENDA ITEM 3.02
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: December 22, 1992 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Approve projects PREVIOUS ACTION:
for Streets CIP
PREPARED BY: City Engineer
40 /JAA11- DEPT HEAD O CITY ADMIN OK REQUESTED BY:
- ISSUE B MF THE COUNCIL
Approval of projects to be funded under the Streets Capital Improvement
Program
STAFF RECOMMENDATION
That the Council approve the project funding as recommended by the
Transportation Advisory Committee and that the Council, acting as the Local
Contract Review Board, authorize the City Engineer to advertise for bids on
these projects.
-
INFORMATION SUMMARY
In September, the Council voted to delete a project for pavement
reconstruction on a portion of main Street. The Council asked the
C Transportation Advisory Committee to recommend alternative projects for
funding. After review of citywide needs and input from citizens, the
Committee has recommended the following new safety projects for funding:
Bonita Road regrading $130,000
79th Avenue shoulder walkway 7,000
96th Avenue sidewalk 53,000
Total $190,000
The Bonita Road project involves raising of the roadway on the east approach
to the railroad crossings and adding shoulders to the east approach. The
project is intended to reduce the sight distance restriction at the crossing,
thereby improving safety at adjoining driveway and street intersections.
The 79th Avenue project will add a paved shoulder walkway between Durham Road
and the existing sidewalk near Bond Street, to improve safety on the
pedestrian route to Durham Elementary School.
The 96th Avenue project will add a sidewalk on one side of 96th between
Sattler and Murdock, to improve safety on the pedestrian route to Templeton
and Tuality Schools. Pedestrian improvements on this street have been
requested by the Templeton PSO and a number of citizens.
Approval is requested to proceed with these three projects and to advertise
r for bids when construction drawings are completed.
PROPOSED ALTERNATIVES
1. Approve the priorities as recommended
2. Revise the priorities.
3. Request further review by Planning Commission. (Duties of the
Transportation Advisory Committee are being merged into the Planning
Commission.)
FISCAL NOTES
The projects will be funded under the Streets CIP using gas tax revenues.
The budget of $190,000 is from project savings in the current fiscal year.
The savings come from deletion of the Main Street project and from savings on
other projects.
rw/cip-cc
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COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITELI SUMMARY
AGENDA OF. December 22. 1992 DATE SUBMITTED: December 15, 1992
ISSUE(AGENDA TITLE: PUBLIC HEARING PREVIOUS ACTION: 1218 Council
Amend Solid Waste Franchise Ordinance Requested Public Hearing
PREPARED BY. Loreen Edin Q O_
DEPT HEAD OK CITY ADMIN OK REQUESTED BY. City Council .11
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ISSUE BEFORE THE COUNCIL
Does the Tigard City Council wish to amend the Solid Waste Franchise Ordinance (Title 11 of the TMC) to change
the term of the contract from 10 years to 7 years with an automatic renewal clause between now and 1995?
STAFF RECOMMENDATION
Alternative #1. Staff recommends the franchisee's proposed language.
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INFORMATION SUMMARY
HISTORY
Council began to express a different philosophy regarding length of franchise terms as early as the rate Increase
hearings In the Spring of 1991. On 11117192, the Council requested a public meeting be scheduled for 12115192 for
the consideration of the term of the Solid Waste Ordinance. Specifically, Council wished to discuss whether to
w allow the automatic renewal of the 10 year franchise to continue or whether to terminate the automatic renewal.
' Under the current ordinance language, Council may act to continue the automatic 10-year renewal or may, by
majority vote, decide to terminate the automatic renewal by 12131 of any calendar year. This process does not
require a public hearing and Is defined In TMC Section 11.04.050B.
Since Councll has expressed a desire to have a shorter franchise term (5 to 7 years being discussed at the 11117192
meeting), staff worked with the Solid Waste Franchisees to negotiate alternative language proposals for Council
consideration. Staff and Franchisees discussed amending the ordinance to allow the set term of 10 years to begin
a "count down" should Council terminate the automatic renewal. When a time certain was reached in the count
down process (I. e. when a certain number of years of the term were left) amendment language adopted now could
become effective inserting an automatic renewal clause. This plan could be adopted as a franchise ordinance
amendment and that process is defined in TMC Section 11.04.08007.
HAULERS' REQUEST ON 1218192
On 1218192, the franchisees appeared before the City Council under Visitor's Agenda and requested tlnre to make
a presentation to Council and requested an amendment to the franchise ordinance. Mr. Bill Martin, Executive
Director of the Washington County Haulers' Association, represented the three franchised haulers. He outlined
the hlstory of Solid Waste services and charges over the last decade. Mr. Martin stated that the haulers were
aware that Council would be reviewing the franchise term at. their meeting on 12115192. He offered as a
compromise position from the haulers a 7-year automatically renewable contract term, if Council's Intent was to
reduce the existing term of 10 years. Council consensus was to set a special public hearing for 12122 at 5:30 PM
to consider termination of the 10-year automatically renewable language and a proposed ordinance amendment.
Council determined they would cancel their consideration of the franchise ordinance scheduled for 12115192, Staff
noted that SWAC would hold a public hearing on this Issue on 12121 so SWAC could provide a recommendation
/ for Council on the 22nd.
Attached is a copy of the material presented by the haulers at the 1218 Council meeting. Also, attached Is a
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comparison of Tigard's franchise ordinance term of contract with 13 other cities In the trl-county area. This
synopsis shows an average of 7.6 years for length of franchise term with 5 cities currently providing automatic
renewal clauses for their haulers.
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ACCEPTANCE OF FRANCHISE AMENDMENTS
In the past, Council practice has been that all franchisees must accept the same ordinance amendment language
In order for the amendment(s) to be valid. The current franchise ordinance does not require Council to continue
this practice, however, the attached ordinance and resolution assume this practice will continue.
Also, Council has Indicated their desire to complete this process prior to the end of the 1992 calendar year.
Therefore, the attached ordinance also requires the franchisees to sign acceptance of the amendment, should it
be adopted, and file it with the City Recorder no later than 5.00 PM on December 30, 1992 or the amendment would
be null and void. Should any or all of the franchisees fall to sign an acceptance of this amendment within that
time, the attached resolution, if approved, would terminate any further automatic renewals of the 10 year term on
the existing ordinance.
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PROPOSED ALTERNATIVES
1. IF COUNCIL WISHES TO STOP AUTOMATIC RENEWAL OF EXISTING 10 YEAR FRANCHISE TERM AND ADOPT
FRANCHISEE'S PROPOSED LANGUAGE:
• Motion to adopt attached ordinance to modify the language In TMC Section 11.04.050B to change the term
of the franchise to be seven years by January 1, 1995.
• Motion to approve the attached resolution.
2. IF COUNCIL WISHES TO STOP AUTOMATIC RENEWAL OF EXISTING 10 YEAR FRANCHISE TERM AND ADOPT
AMENDED FRANCHISEE'S PROPOSAL:
• Motion to adopt amended ordinance to modify the language In TMC Section 11.04.050E to change the term
of the franchise to a period of time other than 7 years.
• Motion to approve the attached resolution.
3. IF COUNCIL WISHES TO STOP AUTOMATIC RENEWAL OF EXISTING 10 YEAR FRANCHISE TERM AND NOT
AMEND THE EXISTING ORDINANCE.
• Motion to not consider any ordinance modification at this time.
• Motion to terminate 10-year automatic renewal, pursuant to TMC Section 11.04.050, In order to give notice
prior to 12131192.
4. IF COUNCIL DOES NOT WISH TO STOP AUTOMATIC RENEWAL OF EXISTING 10 YEAR FRANCHISE TERM AND
NOT AMEND THE EXISTING ORDINANCE.
• Motion to not consider any ordinance modification at this time.
Motion to not approve the attached resolution.
FISCAL NOTES
1. Under the 7 year term proposal, the franchisee's believe that rate changes would not be necessary due to
the change in franchise term.
2. Under a shorter term proposal, the franchisee's believe that rate changes would be necessary due to the
change.
3. Under this option, staff believes that as the term of the contract goes below 7 years, that rate changes
could be necessary.
4. Under this option, staff and hauler's believe there would not be a rate change necessary due to this action.
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WASHINGTON COUNTY HAULERS ASSOCIATION
Mission Statement
To protect the public health through the support
and enhancement of an efficient and effective
franchised collection system for solid waste and
recycled materials on a uniform basis in all
Washington County local jurisdictions.
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ouseholds -
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Family
Charges tof single
Typical 1Jtility
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$80.00
00.00
Electric
$60.00 Gas
-
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$40.00
' Date. - - . Gable ;
530.00 e
Garba9
$20.00 phone ' - Year
Year 992
_ Year 991 1 'Year 00 sewer - ear Year 1988 1989 1990
$10 1
Year Year 1986 19$7
Year
$0.00 Year 1984 1985
1983
Year
Year 19$1 1982 .
1980
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4-3
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eside tial Can Costs
3.48
<:<:;: .a-- Recycling
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3.35
i:.Li?+ :$'F•:v1.:4:1{:.+1..:: ~:f,.i±i,'~:t$'i:$ii:~+.,..:..
::1 ;`o:r''':$:1.•y:;:•rr'%`:" .y~~r.]:iiLlrCp2ii<}p}...N:. y: r...
Disposal
0
1.09 6.17
- Collection
5.85
1986 1987 1988 1989 1990 1991 Source: City of Sherwood
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Where does your garbage dollar go?
Transfer Station Cost
Metro User Fees 4% DEG Fee 1 %
12%
Long I Haul Cost
10%
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Collection Expenses
Landfill Cost
7%
Recycling F ease
9% Franchise Fees
3%
Source: Metro and Washington County, 1991
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Exhibit 4
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These Oregonians say they save money with a low-cost,
"do-it yourselr' dump station that
serves 6 yard packer trucks.
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o building. No loader. No ramps. No Federal
Excise Tax (FET). l {
No, this transfer concept, involving the use of I
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satellite collection vehicles, requires none of
those investments. Yet executives at Miller's
Sanitary Service (Beaverton, Ore.) say their unique "do-it-
vourself" mobile transfer system yields the same benefits
as a larger conventional big-packer-to-big-transfer-station ; yI
operation!
Miller's collects refuse,from its residential customers in
small, maneuverable 6-yard packers, which, when full,
dump their contents into compactor-equipped containers.
When the containers (located in a convenient, central loca-
tion) are full, they are hauled to a landfill by conventional roll-off tractors.
A concentration of accounts near the company office led:
Miller's to locate the mobile transfer operation in its main
yard. However, if the company's service area becomes ex-
tended, the off-loading point could easily be moved one or
more times each day to various convenient locations. Miller's collection vehicles average two loads per day in winter, I
Purchase or lease of a satellite commercial lot might three loads per day in summer. That's an average of 250 stops i
per one-person crew.
even be practical, claims Tom Miller, company president.
!
So would renting space at a service station, or a corner of a
cooperating customer's property - any co» „t„nit,'-cons- Downsized packers offer savings
patihle area where small refuse vehicles and over-the-road Miller's mobile transfer system consists of four Peerless
tractors would have room to back up to the parked, com- 6-yard PRT-6 packers on Isuzu chassis, two Peerless PTS-
pactor-equipped containers. 24 portable transfer stations and three tandem-axle tractors
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SEPTEMBER 1989 / WASTE AGE 157
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Satellite Contd.
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(two 285 hp Volvos and one 290 hp International), with the company.
Superior, Cascade, and Peerless-Magnum roll-off Today, Miller's 20 trucks and 22 employees serve 8,500
attachments. residential and 450 commercial customers. Most of the corn.
II With their six-wheel, single-rear-axle 11,250-pound
party's residential collections are in Tigard, Beaverton and
tiltcab chassis, the small packers have no problem meeting other locations in the southwest part of greater Portland.
the strictest truck weight laws currently in force or pro- Most customers live in single-family subdivision homes.
III posed. They're easy to operate - so should forecasts of Collections are made once a week from any accessible
I, I heavy truck personnel shortages come true (see article in point, though. for insurance reasons, company personnel ;lo
II ! June Waste Age), driver recruiting would be no great longer go inside buildings or fenced areas. Normally,
problem. vehicles stay on public thoroughfares to minimize company
Of course, the smaller vehicles cost less to purchase and liability for property damage. Rates, based on number of
operate. There's an easily computable savings taken right 30-gallon cans serviced, currently average $10.25 per can
off the top: The smaller vehicles are not subject to the FET per month.
of 12% upon purchase, as are the heavier large-sized packer Though collectors make it a public relations practice to
trucks. take a few boxfuls of trash as well, they record locations
li I I !
i where excess set-outs seem to be a practico.
That data is keyed into the company's coi,.-
j ! puter, and explanations and additional bill-
ings are made directly to the customer. Cus-
tomers are billed every other month.
I F t "To best serve our clients, we'll take
!i ! L anything but hazardous wastes," says
1 Miller. "But, because we pay by the pound
2 for disposal, we find it necessary to charge
i ` extra for extra amounts of items that require
special handling." s
i Disposal costs in the area range from
$42/ton to $45/ton, depending on location;
that's up by $16 to $19 per ton over the
1 rates just one year ago.
One-worker/mini-packer team
i
Typical transfer operations start with house-
to-house yard and curbside pickup by one
man and his PRT-6 satellite vehicle. Each
i of Miller's four units collects from an aver-
age of 250 homes per day - two loads per
Small vehicles wouldn't be practical with a long haul to a day in winter, with its traditionally lighter accumulations;
landfill or other tipping spot. But Miller's uses its convenient and three in summer.
yard as an off-loading point. In fact, individual accumulations vary so much by sea-
son that some residents change their service agreement and
85 years of service payment from one can in winter to two or more cans in
summer.
Miller's Sanitary Service, Inc. was founded in 1904 by Collectors use 50-gallon aluminum containers held on
i Henry Miller, who was active in the firm until his death in their shoulders to tote the refuse. They empty it in one mo-
1964. His son, Carl, ran the organization until his retire- Lion into the side opening of their vehicles. Though these
ment in 1984, when his son, Tom, who grew up in the busi- packers are small, they carry a lot. Company records show
ness. became CEO. Ton's wife, Barb, works full-time as densities average about 600 pounds per yard (3,600 pounds
office manager: and their son. Dean, 17, began working per load). In winter, when there is additional moisture in
i summers three years ago as a fourth-generation Miller in the collections. loads range up to 4,200 pounds per vehicle.
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158 WASTE AGE/ SEPTEMBER 1989
MISS 11~
Exhibit 5
CITY OF TIGARD - SOLID WASTE HISTORY
1904 Miller's Sanitary Service Founded
1947 Schmidt's Sanitary Service Founded
1961 City of Tigard Incorporated
1978 Franchising Established in the City of Tigard
1980 Metro Established
1983 Oregon Opportunity to Recycle Act Passed
1983 Oregon City Transfer Station Opened
1986 Pride Disposal Company Founded
1986 Curbside Recycling Established
1989 On-Call Yard Debris Recycling Established
1989 Columbia Ridge Landfill Opened
1990 Five Year Waste Reduction Plan Adopted
1990 Weekly Curbside Recycling Established
1991 Oregon Recycling Act Passed
1991 Medical Waste Collection Established
1992 Curbside Recycling Bins and Mini-can Service Established
1993 Household Hazardous Waste Collection Established
1993 Multi-Family Recycling Completed
1993 Commercial Recycling Enhanced
1993 Curbside 35 Gallon Carts with Automation Established
1994 Curbside Recycling of Yard Debris Established
199? Waste Paper and Plastic Recycling Established
Exhibit 6 a
i
(Estimated Costs for Automated Residential Collection
City of Tigard
i
A 5 Year Schedule A 7 Year Schedule
i
x
a
Loan Amount: $976,000.00 Loan Amount: $976,000.00
Annual Interest Rate: 10.00% Annual Interest Rate: 10.00%
Term in Years: 5 Term in Years: 7
Monthly Payment: $20,737.12 Monthly Payment: $16,202.76
Total Payments: $1,244,227.20 Total Payments: $1,361,031.84
Cost per Customer: $2.59 Cost per Customer: $2.03
Extra Cost per
Customer per Month: $0.57
s
3
t
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2
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:j
SOLID WASTE ORDINANCE COMPARISONS
CITY FRANCHISE TERM AUTOMATIC RENEWAL
CLAUSE
BEAVERTON 5 year No
DURHAM 5 year No
FOREST GROVE 5 year Yes
GRESHAM 5 year No
HILLSBORO 7 year No
KING CITY 5 year Yes
LAKE OSWEGO 7 year No
MILWAUKIE 20 year No
OREGON CITY 10 year No
SHERWOOD 10 year Yes
- TIGARD 10 year yes
TUALATIN 5 year No
WEST LINN 10 year No
WILSONVILLE 3 year yes
FOLLOWING IS A BREAKDOWN OF FRANCHISE TERMS FOR THE 14 CITIES:
3 YEAR - 1 - with it being automatically renewable
5 YEAR - 6 - with 1 being automatically renewable
7 YEAR - 2
10 YEAR - 4 - with 2 being automatically renewable
20 YEAR - 1 - with termination consideration available every 5 years
THE AVERAGE IS 7.6 YEARS FROM THE DATE OF GRANTING THE FRANCHISE. SINCE ONLY 5 OF THE
14 CITIES GRANT AUTOMATIC RENEWALS, THE ACTUAL TIME LEFT ON THE AGREEMENTS IS NOT
REFLECTED IN THIS REVIEW OF ORDINANCE LANGUAGE.
Dated 1214192 - L. Edin
LECCf2?Y
c
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SENT BY:OSM CORP. ;12-17-92 ; 3:43PM OSM CORP.- 503 684 7297;# 2/ 2
L~
.MEMORANDUM
CITY OF TIGiD, OREGON
TO: Pat Reilly
Mayor Edwards
City Councilors
FROM: R. Joe Kasten
DATE: December 17, 1992
SUBJECT: SOLID WASTE ORDINANCE - TERM REVIEW
Please accept my apology for having to be absent from the December 22, 1992, Tigard
City Council meeting. A travel commitment made several months ago prevents my
attendance.
believe it is well known within the Tigard City Council that I have questioned the logic of
maintaining a 10-year, automatically renewable, contract term with our solid waste
franchisees. My questioning of this term is related to the ability of the city to control the
contract in order to best serve the interests of our citizens and is not intended as criticism
of the individual franchisees.
I understand that a reasonable franchise term is desirable in order to provide for planning,
equipment purchases and other legitimate business needs. However, a ten-year term
does not meet my requirements for being reasonable.
Although my preference would be for an automatically renewable contract term of five (5)
years, I will at this time support an automatically renewable contract terrg of seven (7)
years. Perhaps future councils will find this to have been a good first step.
Again, please accept my apology for being absent and my recommendation for a shorter
contract term.
Si ely,
R. oe Kasten
Ci Councilor
SWAC RECOMMENDATION TO CITY COUNCIL - 12/22/92
The Solid Waste Advisory Committee held a public hearing on 12/21 to gather
Information which would allow a recommendation to be formulated for the City
Council on the haulers' proposed franchise ordinance change. After receiving
public testimony, SWAC's unanimous vote was to recommend Alternative #1 - Stop
the automatic renewal of the existing 10-year franchise term and adopt franchisee's
proposed language to change the term of the franchise to 7 years by 1995.
During the SWAC's consideration of this issue last evening, three main themes
were heard which reflect the reason for our recommendation to you. Those were:
1. SWAC believes that canceling the 10-year automatic renewal and taking no
further action would be disastrous to the rate payer and the franchisees in
the long run.
2. SWAC favors an automatic w vxjewai clause in the ordinance. This is
especially true with the possible change in the citizen involvement process
that Tigard is considering. In other words, with the Committee structure
changing to CITs, over time there would not be a group of citizens as well
informed on solid waste issues to review the franchise ordinance periodically
as i} jvou!d come up for renewal.
as e• vv v... v.
3. The Solid Waste Advisory Committee also believed that solid waste collection
was no longer a simple issue. Metro, and each legislative session creates
more complex sets of rules for solid waste service delivery. This means that
a change in the length of contract is appropriate now. A 7-year contract with
the adoption of better defined service standards should give the City of
Tigard the opportunity to have an efficient and effective solid waste
collection service for its citizens while maintaining reasonable rates.
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Council Agenda Item
i
MEMORANDUM
CITY OF TIGARD, OREGON
'S
TO: Honorable:%-r and City Council
FROM: Cathy Wheatley, City Recorder
DATE: December 15, 1992
SUBJECT: Solid Waste Ordinance Amendment - Agenda Item No. 4
City Council Meeting of December 22, 1992
The packet material for the above-referenced agenda item is still
being formulated through communication with the haulers and final
review of legal counsel. This information will be delivered to the
City Council on December 16, 1992.
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