City Council Minutes - 10/19/2004 Agenda Item No. -3•
Meeting of ®�I`I D
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
October 19, 2004
I. TOUR PERMIT CENTER REMODEL PROJECT
Loreen Mills, Risk Management, briefly reviewed the layout of the building and where
each department will be located. During the tour, Ms. Mills pointed out the need to
run new power lines into the building in order to provide power for phones and
computers for 60 employees to be located in the building. She explained there is a
budget amendment scheduled for the Councils October 26 meeting for the
additional work to bring power to the building as well as hire licensed personnel to
install the wiring for phones and computers.
2. BUSINESS MEETING
2.1 Call to Order - City Council
2.2 Roll Call .
2.3 Pledge of Allegiance
2.4 Council Communications 8Z Liaison Reports
> NW Medical Team's Dinner
Liz Newton, Assistant to the City Manager, noted the NW Medical
Team has 11) relocated its International Headquarters to Tigard and 2)
in recognition of its 25t' anniversary, is holding a special dinner
November 6.
Councilor Sherwood indicated she would attend the dinner on
November 6.
> Annual Employee Benefits Fan, October 20, 11 a.m. to 3 p.m.
Ms. Newton invited Councilors to attend the Benefits Fair.
> LOC Annual Conference
Councilor Sherwood indicated she would be attending the LOC Annual
Conference.
Tigard City Council Minutes Page 1
Meeting of October 19, 2004
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> ADMINISTRTIVE ITEMS
a. Calendar Review
• October 26: City Council Business Meeting— 6:30 pnn
• November 2: Election Day
• November 4-6: LOC Conference -- Marriott Hotel Downtown
Portland
• November` 9: City Council Business Meeting— 6:30 pm
• November 11: Veterans Day- - City Hall Closed
• November 16: City Council Workshop Meeting — 6:30 pm
• November 23: City Council Business Meeting— 6:30 pm
• November 25: Thanksgiving - City HaII Closed
• November 26: City Hall CIosed
• November 29-December 4: National League of Cities Conference-
Indianapolis
2.5 Call to Council and Staff for Non Agenda Items
Mayor Dirlcsen noted the receipt of correspondence from John Frewing, 7110
SW Lola Lane, concerning some issues regarding the annexation of the East
Metzger area in 1987. He noted Mr. Frewing's letter would be forwarded to
the appropriate staff to review the concerns.
3. CONSIDERATION OF A RESOLUTION OPPOSING STATE BALLOT MEASURE
37
a. Staff Report
Ms. Newton noted she had prepared the proposed resolution as directed by
Council after Alice Ellis Gaut had requested the Council on October 12 to go
on record in opposition to Ballot Measure 37 because the financial impacts on
Tigard would be catastrophic. After meeting with Mayor Dirksen, she had
prepared the resolution distributed to Councilors on October 15.
b. Public Comment
Alice Ellis Gaut thanked the Council for proposing the resolution and urged its
adoption.
"Lisa Harnilton-Treick indicated she supported the resolution as well.
Tigard City Council Minutes Page 2
Meeting of October 19, 2004
C. Council Discussion
Councilor Wilson noted the opinion written by former Representative Bob
Smith in the Eugene Register-Guard (Agenda Item No. 3, Exhibit 1) in which
Mr. Smith discussed the history of land use laws in Oregon, beginning with
Senate Bill 100, and the issue of compensation to owners. Mr. Smith is
supporting passage of Measure 37. SB 100 created a committee to
recommend a program to compensate landowners for regulations that took
their property, but the committee was never able to make any
recommendations to the Legislature regarding the compensation provisions, so
the vital component was never addressed. Measure 7 was passed by voters
four years ago. There has been a wake-up call to the legislature they needed to
address this omission, but again, nothing has been done through the years. As
a result, Measure 37 was drafted by "Oregonian's in Action." There is a good
chance the voters will pass the measure. While Bob Smith supports passage of
Measure 37, he is opposed as it will gut the land use system in Oregon. He
had some problems with the draft resolution. As a result, he had written a
revised resolution for CounciI's consideration (Agenda Item No. 3, Exhibit 2)
which was distributed to Councilors and members of the audience.
Councilor Moore noted he personally had a problem with the Council taking a
stand on any ballot measure because it is up to the voters to make up their
own mind on how they wanted to vote.
Councilor Sherwood asked what the history has been on the City taking a stand
on statewide ballot measures. Ms. Newton said Council took a stand on a
measure during Mayor Edward's term of office.
Councilor Moore concurred Council had discussed taking positions in the past,
but he personally feels uncomfortable advocating for or against a ballot
measure.
Councilor Woodruff noted that there will be impacts of Metro Goal 5 on
citizens of Tigard. Maybe if a measure has direct financial impacts on the City,
then City should let the voters know what the impacts are, but not advocate
one way or the other. He noted he had some concerns with some of the
wording in the original resolution. He felt Measure 37 should have been a
wake-up call to the Iegislature to address this issue.
Councilor Sherwood said she felt comfortable advocating voters of Tigard vote
in opposition to this ballot measure, because of the financial impacts the
measure would have on the City and that the resolution urges the State
Legislature to address this issue.
Tigard City Council Minutes Page 3
Meeting of October 19, 2004
Councilor Moore explained he was uncomfortable suggesting the . 457000
residents of the City vote a specific way. At Council meetings, he votes the
way he feels would benefit the City's 45,000 citizens. He is very concerned
about the rights of each citizen to vote their own conscious at the ballot box.
He could support a resolution which outlines the impacts a measure would
have on the citizens and the city. After a quick review of Councilor Wilson's
proposed resolution, in Section 1, he would delete the words "and vote No on
Measure 37," so that it would read "The Tigard City Council urges all Tigard
residents to study the measure and its impacts." There would need to be other
changes relating to the word "oppose" in the resolution. He suggested in the
future, if Council was going to advocate for a State Ballot Measure, the
resolution needed to be started earlier in the election process.
Alice Ellis Gaut requested that the public comment period be reopened to
allow public comment about Councilor Wilson's proposed resolution. The
Council concurred.
Ms. Ellis Gaut indicated she was concerned with preserving the land use law
regulations. She understood Councilor Moore's personal concern that Council
should not endorse measures in general, but this measure could have such a
detrimental impact on Tigard, she felt the City needed to relay the effects the
measure would have on the City. She supports the draft resolution as written
by staff.
Gretchen Buehner noted she had reviewed both the resolutions proposed by
staff and Councilor Wilson. She felt it would be wise for Council to address
the issue of the damage this measure would have on the city as a whole. Both
resolutions would do that. There will be impacts on the average John Q.
Citizen if this measure is approved by the voters. She would urge all citizens to
vote "no" on Ballot Measure 37. It would be wise for Council to address the
impact question, as the regulations will negatively affect a lot of citizens. Many
people do not understand the ballot measure.
Councilor Moore stated if the City were going to do something, it should have
been done in September. He felt it was too late to take a stand two weeks
before the election date to make much a difference. He has already voted and
returned his ballot.
Ms. Newton indicated she could try to put together a revised resolution for
consideration at the October 26 Council meeting.
Tigard City Council Minutes Page 4
Meeting of October 19, 2004
The Council discussed the proposal, and there was unanimous concurrence by
the Council that it would really be too late to try to influence voters, and
would therefore not consider either of the resolutions at this time or at the
next Council meeting. In the future, if Council wants to adopt a position on a
ballot measure, it would need to be done earlier in the process, not a couple of
weeks before the election.
*At the end of the meeting, Councilor Woodruff indicated he had prepared
some language which the Council might consider. The Council concurred that
they would not take any action ori a resolution to oppose or- support Ballot
Measure 37.
WORKSHOP MEETING
4. JOINT MEETING WITH THE SENIOR CENTER BOARD
Staff Report
Karen Gardner, Executive Director of the Tigard Senior Center presented her staff
report which included a PowerPoint presentation (See Agenda Item #4, Exhibit 1 for
copy of PowerPoint slides) about the Center's operation, programs, volunteer
program, work being done on a Community Development Block Grant application to
improve the Center between 2005 and 2010, and their- outreach program. In
addition to the PowerPoint slides, Ms. Gardner distributed copies of the October
activity calendar (Agenda Item #4, Exhibit 2) and the brochure entitled "Food for
Thought" for October, that is distributed by Loaves 8z Fishes Center for the Tigard
Center edition available in both English and Spanish (Agenda item #4, Exhibit 3).
The following are major points Ms. Gardner included in her presentation:
• The Center serves not only the City of Tigard, but also seniors living in King
City, Metzger and Progress areas.
• Meals on Wheels are delivered to both homebound residents and at the
Center. When the restaurant closed in the Wells Fargo Tower, all the
restaurant fixtures, including tables and chairs, steam tables, dishes, glassware,
cutlery, etc., were donated to Loaves and Fishes, and the Tigard Senior Center
received tables and chairs.
• There is an "English as a Second Language" (ESL) program operated at the
Center in cooperation by Portland Community College, serving mainly
Hispanic and Asians.
• The Center is staffed by volunteers, with over 13,000 hours donated last year.
These services provided included operating the gift shop, delivering meals, and
so many other areas.
Tigard City Council Minutes Page 5
Meeting of October 19, 2004
• At a recent geriatric conference she attended, she received information to
indicate people are going to live longer, which means more services are going
to be needed by the elderly for a longer period of time. Service operations
need to change to address the needs of seniors.
• She described the Center's outreach program they operate, in an effort to
reach more senlors in their-service area.
• The CDBG grant they are applying for was reviewed. The staff is not sure how
the proceeds will exactly be used, but would probably be used to remodel the
kitchen/dining room, or possibly construct an addition to the building.
• There will be a need for citizen's to be involved during the long range planning
component, there is always a need for more volunteers to help on the various
programs the Center operates as well as financial donations are always
welcome.
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The following Board members described their involvement with the Center: Corrie
Stalk, Bill Gerldn, Kris Magaurn, Arthur Davis, and Mary Ellen Seeger.
Councilor Sherwood indicated she would be willing to work on the CDBG grant
application with Ms. Gardner. She was very surprised by the quality of the food, and
the warm inviting atmosphere of the Center- itself.
Ms. Mills concurred with the excellent quality of the food.
Councilor Woodruff complimented Ms. Gardner on the operation, but indicated this
presentation should have been made at a regular Business Meeting in order to have the
presentation televised.
5. BRIEFING ON METRO PROPOSAL FOR MANDATORY BUSINESS RECYCLING
• Staff Report
Tom lmdieke, Financial Operations Manager, presented an update on the recycling
program businesses are required to use in the Metro region. This program is intended
to reduce the amount of solid waste going to the landfill as a result of recycling. The
region's recovery rate for 2002 was 54%; the goal for 2005 is 62% recovery rate
and an increase to 64% recovery rate by 2009. This is for residential and business
recycling programs. Tigard has implemented a mandatory recycling program in 1996
patterned after the City of Portland's program, with a goal of recycling up to 50%.
The City works with haulers to monitor and implement the recycling program. Fees
for violations range between $500 and $5,000.
Tigard City Council Minutes Page 6
Meeting of October 19, 2004
Mr. Imdieke distributed a handout entitled "Recommended Practices Being
Considered by Metro" (Agenda Item No. 5, Exhibit 1), which details the various
programs Metro is considered.
Councilor Sherwood noted restaurants, caterers and grocery stores in the past had
been sending perishable foods to a depository to be used at food shelters, but by the
time the food was received, the food had gone bad and had to be put in the garbage
by the depository. The only thing that was being done was to move the disposal of
the food from the original source to the depository which was adding to the
depository cost of their garbage.
Councilor Woodruff asked how Tigard businesses compared to the 54% recovery rate
on a regional basis.
Mr. lmdieke replied Tigard is on target with the rest of the region. He routinely
receives information from the haulers on the amount of material that has been
recycled.
Councilor Wilson asked if manufacturers are using plastics that are recyclable. Mayor
Dirksen concurred that some of the plastics used by manufacturers are not recyclable.
Mr. Imdieke stated the region is working with many manufacturers to address this
concern.
Councilor Wilson stated new packing peanuts are being used that are completely
degradable. He recently received a package with the new packing peanuts; he tried an
experiment of putting water on the peanuts which dissolved the peanuts and the
residue could just be washed away.
Mayor Dirlcsen recessed the meeting for a short break at 8:19 p.m.
Mayor Dirksen reconvened the meeting at 8:25 p.m.
6. POTENTIAL PROJECTS FOR THE MSTIP TRANSPORTATION CAPITAL
PROGRAM
• Staff Report
Gus Duenas, City Engineer, presented the staff report which included a PowerPoint
presentation concerning potential MSTIP Transportation Capital Program projects
(Agenda Item No. 6, Exhibit 1), copy on file with the City Recorder. During the
current MSTIP-3 program, Tigard and Tualatin submitted 2 projects, Beaverton
Tigard City Council Minutes Page 7
Meeting of October 19, 2004
submitted 1 project, and the rest of the projects were for other cities and the rest of
the unincorporated area. Washington County Board of Commissioners is now
soliciting applications for the MSTIP-4 funding cycle. They are looking at
$5,287,000 for this six-year period. Municipalities have until October 29 to submit
their requests, and the County Coordinating Committee will make their decision on
the applications on November 15, so this is a very fast-track system.
Mr. Duenas then reviewed each of the proposed projects that had been identified,
photos shown of the area, and costs identified. The proposed project list included:
• Walnut Street (Tiedeman Avenue to 1211 Avenue)
• Greenburg Road (Shady Lane to Tiedeman Avenue)
• Burnham Street (Main Street to Hall Boulevard)
• 72°d Avenue (Beveland Street to Dartmouth)
1211 Avenue (Rose Vista Drive to Tippit Place)
• Scoffns/Hunziker/Hall Intersection Realignment and Signalization
• Greenburg Road/Highway 99W/Main Street Intersection Improvements
Mr. Duenas also answered questions from Councilors during his presentation. Staff
recommended forwarding the following projects for Council consideration on October
26.
• Walnut Street (Tiedeman Avenue to 12 1'Avenue) - $1,700,000
• Greenburg Road (Shady Lane to Tiedeman Avenue) - $1,500,000
• Burnham Street (Main Street to Hall Boulevard) - $2,100,000
Mr. Duenas stated an alternative or additional project is:
Greenburg Road/Highway 99W/Main Street Intersection Improvements -
$212501000
Following additional discussion, The Council concurred to place the recommended list
of projects on the Council's October 26, Business Meeting for approval.
Councilor Wilson noted there had been a bridge over a ravine near the Progress
Quarry, which were constructed rapidly using pre-constructed arches. He asked Mr.
Duenas to look into that type of bridge.
7. COMMUNICATION PLAN UPDATE
• Staff Report
Liz Newton, City Administration, stated the staff report was included in the Council
Newsletter on October 15, in which she reviewed the City's Communication
Program. Responses in the Vision Task Force survey indicated the different ways
Tigard City Council Minutes Page 8
Meeting of October 19, 2004
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residents kept informed about what is happening in the City. Staff has been
considering a change in the City Newsletter, "Cityscape," to include a column titled
"Heads Up," which will highlight issues that will be started in about one to two
months away, so citizens can be on the look-out for additional information about
issues. Some issues identified so far include the Metro excise fee and the
comprehensive plan review process. If interested, citizens can then find a way to get
involved in an issue. Ms. Newton noted that the survey results indicated that between
6 and 7% of thecitizens use the city website as a source of information. There
continues to be a core audience watching council meetings on cable television.
Ms. Newton stated there has been a proposal for an Enhanced Community
Connector/Citizen Involvement Program for the City. The Community Assessment
Program (CAP) is concluding its second year of operation. She then showed a map
showing the 40-plus CAP areas in the city, which was taken from the police grids.
The idea for each area is that each shares some commonality, such as a school, major-
street, park, commercial area, etc. Each week, staff is assigned to walk through several
of the areas, talking with citizens and observing situations which need to be addressed.
There is a proposal to incorporate representatives from each area in the CAP program
into the Citizen Involvement program.
Ms. Newton noted areas with schools have a link to the surrounding neighborhood
area. As a property owner without children attending school (Fowler Middle School),
she personally understands the impacts schools have on neighborhoods. For her, the
issue is transportation system and the problems on Walnut. Other neighborhoods,
such as the one surrounding Cook Park or a major commercial area, have situations
unique to their neighborhood. There is intent to have citizens from each
jneighborhood participate in the CERT program, who would help their neighbors
during an emergency, until the trained emergency personnel could respond.
Ms. Newton explained the Vision Task Force had proposed the Enhanced Community
Connector/Citizen Involvement Program and this proposal is on their meeting agenda
on November 18. They feel the program needs to be enhanced as soon as possible in
order to be in place by the time the City begins the comprehensive plan revision
process.
Councilor Sherwood noted Council has discussed this proposal at the Strategic
Planning meeting.
Ms. Newton asked if Council agreed to the concepts as outlined in her memo so that
it can be forwarded to the Vision Task Force on November l B.
The Council concurred with the proposal.
Tigard City Council Minutes Page 9
Meeting of October 19, 2004
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> ADDITIONAL DISCUSSION CONCERNING BALLOT MEASURE 37
Councilor Woodruff indicated he had written additional language regarding the
resolution opposing Ballot Measure 37 and asked Council if they were interested in
hearing his proposal.
Mayor Dirksen asked if the Council was interested; no one indicated they were
interested in further discussing the proposed resolution.
> DISCUSSION CONCERNING THE FIFTH TUESDAY CITIZEN FORUM
Councilor Sherwood noted the Council had discussed holding an open citizen forum
during months with a fifth Tuesday, no staff would attend except for the person
recording the meeting. The first month with five Tuesdays is November. Council
indicated they would like to try this on November 30. She did not want citizens to be .
yelling at the Council.
Councilor Moore stated he was concerned this not just be a griping session, but would
be offering suggestions and bringing new ideas.
The Council concurred to schedule the first Citizen Forum on November 30, 7 p.m.
at the Tigard Town Hall (or other location if the Town Hall is not available due to
construction). No decisions would be made, and the Deputy City Recorder would
take notes.
Councilor Sherwood asked if this would conflict with anyone's attendance at the
National League of Cities. It was determined that Councilors were not scheduled to
leave until Wednesday, so this would not interfere with the forum.
Councilor Moore asked who would be able to participate. The Council concurred this
would be an open forum for residents of Tigard only.
8. COUNCIL LIAISON REPORTS
9. NON-AGENDA ITEMS
Tigard City Council Minutes Page 10
Meeting of October 19, 2004
10. ADJOURNMENT
Councilor Woodruff moved, seconded by Councilor Sherwood, to adjourn the meeting, and
motion passed unanimously, and the meeting was adjourned at 9:27 p.m.
c arvin, Deouty City Recorder
Attest:
Mayep, CA
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S ,Date: VW ti Z4�J
Tigard City Council Minutes Page 11
Meeting of October 19, 2004