City Council Minutes - 05/08/2012 Agenda Item No.
Meeting of (p/1a of D I a.
City of Tigard
_ Tigard City Council Meeting Minutes
May 8, 2012
Mayor Dirksen called the meeting to order at 6:32 p.m.
Name Present Absent
Mayor Dirksen ✓
Council President Buehner ✓
Councilor Henderson ✓
Councilor Wilson ✓
Councilor Woodard ✓
Staff present: City Manager Wine,Assistant City Manager Newton, City Attorney Ramis, City
Recorder Wheatley
• STUDY SESSION
A. Discuss Process for a Potential Vacancy in the Office of Mayor
City Manager Wine introduced this item,which is to begin council discussions on how the
council would like to proceed if Mayor Dirksen resigns at the end of the year to serve on Metro
Council if elected on May 15. There would be two years remaining on the mayor's term of
office. She referred to information before the City Council prepared by the city attorney and
city recorder regarding Charter provisions and process options available to the council to fill a
vacancy.
Discussion highlights included:
• City Attorney Ramis said Charter provisions are such that the decision regarding the
process in essentially up to the City Council and can be tailored to fit the facts of the
situation.
• Mayor Dirksen is running unopposed for the Metro council position. If he receives
more than 50 percent of the votes cast for the position,he would be considered duly
elected to fill the position. If elected,he would tender his resignation after he receives
the certified election results and his resignation would be effective December 31.
• Mayor Dirksen referred to a letter from Councilor Henderson,requesting endorsement
by the council for his appointment as the interim mayor for the remaining mayoral term.
TIGARD CITY COUNCIL MEETING MINUTES- MAY 8, 2012
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• Mayor Dirksen said he thinks,because of the time available to the City Council,it would
be difficult to defend an appointment for such a long period of time—in excess of two
years. There is time to conduct an election. Mayor Dirksen also referred to a letter from
the Chamber of Commerce,which urged that an election be held.
• Councilor Wilson noted when Councilor Harding resigned, he was going to be
appointed for the eighteen months remaining on her term. However, there were
objections to this, so he was appointed for a few months until an election could be held
—he was subsequently elected to complete the term of office.
• Discussion was held on the circumstances where an appointment could be made for a
shorter period of time.
• Councilor Henderson spoke to considerations that could be factored in favor of an
appointed mayor;i.e., a new city manager and possible turnover of more than half of the
members of the council. He spoke in support of an appointment of either Councilor
Wilson or himself.
• Mayor Dirksen reflected about who might want to run for the office of mayor.
Councilor Henderson and Councilor Wilson would be good choices because of their
experiences as council members and the support of the citizenry of the accomplishments
of
ffgqthis council.
• 1I Councilor Henderson and Councilor Wilson both indicated they intend to run for
the office of mayor.
• Council members discussed that Tigard resident John Cook has expressed an interest in
running for the office of mayor.
• Councilor Henderson noted he would not want to have projects slowed down because
of the transition period. Mayor Dirksen agreed he would not want the council to lose its
momentum.
• Councilor Henderson referred to the proposal he shared with the City Council in a letter.
He said he does not plan to be a career mayor. He would be interested in serving as a
"stand in" mayor to complete Mayor Dirksen's term. He said he thinks this would be
the right thing to do for the community. He said he would be glad to return to the City
Council if he was elected. Mayor Dirksen commented he thought people would urge
Councilor Henderson to run for the office of mayor if he served as interim mayor for
two years and did a good job.
• Councilor Henderson commented on the way the Charter is written and the confusion
about term limitations, especially when appointments are made for individuals to fill
unexpired terms.
• There was discussion on Councilor Henderson's position that Mayor Dirksen will have
served as mayor for nine years,which is beyond the term limits established by the
Charter. City Attorney Ramis commented the interpretive issue is whether the time
period during which Mayor Dirksen was filling the unexpired term of Mayor Griffith is
counted toward the term limited time period. City Attorney Ramis said to the extent the
council feels there is ambiguity in the Charter, the first arbitrator of the meaning of
Charter is the council itself. Absent a court decision regarding the meaning of the
Charter,it is the council's obligation to interpret the Charter. Councilor Henderson said
it was not his intention to raise an issue with the mayor's service; he simply was noting
TIGARD CITY COUNCIL MEETING MINUTES - MAY 89 2012
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the problems with perception by members in the community as a result of the Charter
language in this area.
• City Attorney Ramis read the sentence in the Charter regarding term limitations: "These
limitations do not apply to the filling of an unexpired term." The Charter does not
specify a differentiation if an unexpired term is filled by an appointment or by an
election. This is a point of debate ultimately up to the Council to interpret. Councilor
Henderson reiterated his only concern is with clarifying the intent.
• Council President Buehner said it might be time to have a Charter review overall.
• Councilor Woodard commented on the time commitment required for the individual
serving as mayor. He spoke to keeping continuity and to look for an individual to serve
as mayor who could contribute the time required. He said he thought Councilor
Henderson could make such a contribution and said he also thought Councilor Wilson
would do a fine job as mayor if he could meet the time-commitment requirements.
• Mayor Dirksen concluded saying the purpose of the discussion tonight was to hear what
everyone's thoughts were regarding the probable two-year vacancy in the office of
mayor. This matter will be taken up by the council for consideration at a future council
meeting.
The following items were reviewed:
B. Administrative Items
• Council Calendar
o May 14, 2012 -Budget Committee Meeting-Public Works Auditorium, 6:30
p.m.
o May 15 2012 - City Council-Town Hall-Workshop Meeting- 6:30 p.m.
o May 22,2012 -Joint Meeting with Lake Oswego at Lake Oswego, 380 A
Avenue; 5:30 p.m. dinner, 6:30 p.m.Joint Meeting
o May 24,2012 - Clean Water Services Tour of Durham Plant- 6-8 p.m.
o June 12,2012 - City Council-Town Hall- Study Session/Business Meeting-
6:30/7:30 p.m.
o June 19,2012 - City Council-Town Hall-Workshop Meeting- 6:30 p.m.
o June 24,2012 - City Council-Town Hall- Study Session/Business Meeting-
6:30/7:30 p.m.
• EXECUTIVE SESSION: Not held.
TIGARD CITY COUNCIL MEETING MINUTES-MAY 89 2012
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1. BUSINESS MEETING-MAY 8,2012
A. Call to Order: Mayor Dirksen called the meeting to order at 7:32 p.m.
B. Roll Call
Name Present Absent
Mayor Dirksen ✓
Council President Buehner ✓
Councilor Henderson ✓
Councilor Wilson ✓
Councilor Woodard ✓
C. Pledge of Allegiance
D. Council Communications &Liaison Reports 110 None.
E. Call to Council and Staff for Non-Agenda Items
2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication: None.
11
B. Tigard High School Student Envoy Courtney Bither presented a report on recent
activities at the high school.
Mayor Dirksen thanked Ms. Bither for her service as the student envoy. This was Ms.
Bither's last report as she will be graduating next month.
The City Council considered Resolution No. 12-16.
Motion by Councilor Wilson, seconded by Council President Buehner,to approve
Resolution No. 12-16.
RESOLUTION NO. 12-16 -A RESOLUTION ACKNOWLEDGING AND
COMMENDING COURTNEY BITHER FOR HER SERVICE AS THE TIGARD
HIGH SCHOOL ENVOY TO THE CITY OF TIGARD
The motion was approved by a unanimous vote of City Council present.
TIGARD CITY COUNCIL MEETING MINUTES -MAY 89 2012
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Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
im
C. Tigard Area Chamber of Commerce- Chief Executive Officer Debi Mollahan presented
a report on recent Chamber activities. A copy of her report is on file with the meeting
packet materials.
D. Citizen Communication--None
G=1
3. AWARD 2012 "IF I WERE MAYOR" CONTEST WINNER
Mayor Dirksen announced that Matisse Perry,a student at Nancy Ryles Elementary School,was the
winner of the poster contest category. She received a$50 VISA gift card and her poster will be
entered in the statewide competition for a laptop computer.
Council members viewed Ms. Perry's winning poster and suggested this artwork be incorporated into
the work being done downtown—perhaps as a mosaic,mural, or sidewalk tiles.
le
4. PROCLAMATIONS
Mayor Dirksen issued the following proclamations.
A. PROCLAIM MAY 6-12,2012,AS NATIONAL DRINKING WATER WEEK
B. PROCLAIM MAY 6-12,2012,AS BE KIND TO ANIMALS WEEK
C. PROCLAIM MAY 20-26,2012,AS EMERGENCY MEDICAL SERVICES
(EMS) WEEK
TIGARD CITY COUNCIL MEETING MINUTES-MAY 89 2012
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I@ Mayor Dirksen reviewed the Consent Agenda:
5. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board)
A. Approve City Council Meeting Minutes for:
• March 20,2012
• March 27,2012
• April 17,2012
B. Receive and File:
1. Council Calendar
2. Tentative Agenda
C. Local Contract Review Board:
1. Authorize an Intergovernmental Agreement with Washington County Regarding the
Relocation of Water Infrastructure Along Bull Mountain and Roshak Roads
Councilor Woodard commented that he would abstain from voting on the April 17 meeting
minutes since he did not attend that meeting.
Motion by Council President Buehner, seconded by Councilor Wilson, to approve the
Consent Agenda.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes (Abstained from voting on the April 17 minutes.)
6. COUNCIL LIAISON REPORTS -None
7. NON AGENDA ITEMS -None
8. EXECUTIVE SESSION: Not held.
TIGARD CITY COUNCIL MEETING MINUTES -MAY 89 2012
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H
9. ADJOURNMENT
Motion by Councilor Henderson, seconded by Councilor Woodard,to adjourn the meeting.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buchner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
Catherine Wheatley, City Recorde
Attest:
City of T' d
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Date: L
TIGARD CITY COUNCIL MEETING MINUTES-MAY 89 2012
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