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City Council Packet - 01/05/1993 4 u CITY OF TIGARD MA, _r E AGENDA o'•. iy Yi `i ~ ''r 3 ~r Al 1=1 If` AtnTl/~C• w • : ' , Anyone wishing to speak on an " : : n a .W agenda item should sign on the appropriate sign,-up w < = sheets 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 (7:30 PM)) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 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 15 and 22, 1992 3.2 Receive and File: a. Letters from City's Three Solid Waste Haulers Accepting the Terms of Ordinance No. 92-36 Amending Franchise Terms b. Council Calendar COUNCIL AGENDA - JANUARY 5, 1993 - PAGE 1 i wi - BOND PROPOSAL rnvrVaAL OOMiM...u ~T 4. F N11-lV "MAHINU - GENERAL vBa.iGra IATT IVn avriu - 1fIGA7v a.Vuer CENTER: Council will consider public comments with regard to support/opposition for sending a general obligation bond measure to the voters for consideration on the March 23, 1993 ballot. ` The purpose of the bond measure will be to fund the purchase, renovation and equipment costs of a Community Center (Commercial Street fire station). a. Public Hearing Opened b. Declarations or Challenges C. Staff Report - City Administrator d. Public Testimony • Proponent (Favors sending to ballot) • Opponent (Opposes sending to ballot) • Neutral (Seeking clarification of proposal) e. Council Questions/Comments f. Staff Recommendation g. Public Hearing Closed e. Council Consideration 4. NON-AGENDA ITEMS 5. 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 transactions, current and pending litigation issues. 6. ADJOURNMENT =0105.93 COUNCIL AGENDA - JANUARY 5, 1993 - PAGE 2 Council Agenda Item 3 f T I G A R D C I T Y C 0 U N C 1 L MEETING MINUTES - JANUARY 5, 1993 • Meeting was called to order at 7:30 by Mayor Edwards. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Judy Fessler, Wendi Conover Hawley, Paul Hunt, and John Schwartz. Staff Present: Patrick Reilly, City Administrator; Tim Ramis, Legal Counsel; and Catherine Wheatley, City Recorder. BUSINESS MEETING 2. VISITOR'S AGENDA • Jeri Chenelle, Manager of the Tigard Water District (TWD) advised of negotiations between Tigard Water District, and the cities of King City, Durham and Tigard with regard to formation of a water agency under ORS 190. Composition of the governing board has not been agreed ( upon. TWD would prefer equal representation from each City and the unincorporated area while Tigard would prefer representation based on population numbers within each entity. She advised that the TWD Board will be considering a resolution to initiate the process to forward to voters the question of whether the Water District should be dissolved as a whole. The process for 190 formation would require a vote for the unincorporated area; the TWD may propose a district-wide vote because of concerns with assignment of the District's assets. Legal Counsel Ramis asked Ms. Chenelle if the District, in the interest of seeking a compromise, would be willing to delay action on the election question until the new Council could review this position by the TWD Board. Ms. Chenelle responded that she thought the Board would agree to a delay. 3. CONSENT AGENDA: Motion by Councilor Fessler, seconded by Schwartz, to approve the Consent Agenda as follows: 3.1 Approve Council Minutes: December 15 and 22, 1992 3.2 Receive and File: CITY COUNCIL MEETING MINUTES - JANUARY 5, 1993 - PAGE 1 a. Letters from City's Three Solid Waste Haulers Accepting the Terms of Ordinance No. 92-36 Amending Franchise Terms b. Council Calendar Motion was approved by a majority vote of Council present; Councilor Hawley advised she would abstain from voting on the approval of the minutes. 4. PUBLIC HEARING - GENERAL OBLIGATION BOND PROPOSAL - TIGARD COMMUNITY CENTER: Council considered public comments with regard to support/opposition for sending a general obligation bond measure to the voters for consideration on the March 23, 1993 ballot. The purpose of the bond measure will be to fund the purchase, renovation and equipment costs of a Community Center (Commercial Street fire station). a. Public hearing was opened. b. Declarations or Challenges: • Councilor Hawley advised she is a member of the Commercial Street Community Center Board of Directors; however, this involvement would not preclude an impartial review by her as a council member. • Councilor Schwartz advised that he is employed by the Fire District. The Community Center is presently owned by the Fire District. He noted that he felt his consideration of this issue, as a Councilor, would not represent a conflict. C. Staff Report: City Administrator Reilly briefly reviewed the issue before Council. (See Staff Report on file with the packet material.) d. Public Testimony: • Mr. Jack Schwab, President of Commercial Street Community Center, Inc. (CSCC), 9355 S.W. Inez Street, Tigard OR 97224 reviewed CSCC history, prior discussions with Council and referred to a packet of information distributed previously to the Council. He listed the membership on the Board of Directors for CSCC. (Persons mentioned were Wendi Conover Hawley, Jim Nicoli, Todd Mains, Floyd Bergmann, Laurel Blanchard, Marland Henderson, and John Cook). Mr. Schwab outlined the need for a community center and noted, with the availability of the Fire District Building, a good opportunity was open to fulfill the needs for space for community meetings and classes. He advised that just prior to this ( CITY COUNCIL MEETING MINUTES - JANUARY 5, 1993 - PAGE 2 s'• lw~ meeting, he met with the Tigard Park Board which ® ( appeared to be aware of the ongoing need for activity space. Listed below are some of the highlights from Mr. Schwab's testimonv: - This gives Tigard a chance to declare an identity... gives a focus ...a sense of community. - The building is located in downtown. With this rejuvenation, a successful downtown area can be assisted. He noted that, all across the country, communities are emphasizing efforts to rejuvenate their downtown areas. - Local government needs to provide incentive to invest in downtown. - He referred to the City's educational programs and the need for space. He cited a recQat Cityscape article where the Indoor Park :as looking for a place to meet. - He referred to the floor plan and noted the ( multi-uses which would be available. - He noted cost breakdown which was available to the Council in their original packet of information. In addition, material was submitted to Council prepared by Mr. Robert Gray which indicated that the remodeling estimates were realistic. (Estimates from Robert Gray are on file with the packet material.) - There was discussion with Council on the type of bond issue and the limitations which would be placed on the ongoing office rental uses. (See December 24, 1992, memorandum from Wayne Lowry, Finance Director, to Pat Reilly, City Administrator, for discussion on the differences in bond issues. This material is on file with the packet material.) - There was discussion on the operating costs and where this information for estimating was obtained. - There could be financial impact, at some time ( in the future to the City. CITY COUNCIL MEETING MINUTES - JANUARY 5, 1993 - PAGE 3 It ;G recommended that the entire amount for renovation be funded from the bond issue rather than a mixture of donation and tax dollars. Mr. Schwab said he was advised that an effort for both private and tax dollars is generally more difficult. • Mr. Jeff Johnson of the Tualatin Valley Fire and Rescue District advised that his organization would do anything possible to assist in making this community center a reality. In response to a question from Councilor Hunt, Mr. Johnson advised that an independent appraisal has not been done for the building. • Mr. John Cook, 12314 S.W. Mill View Court, Tigard, OR 97223, a member of the CSCC Board and president of the Tigard Chamber of Commerce reviewed the history of the building. Originally the structure was constructed by the Tigard Business Club and was donated to the community. Mr. Cook advised that the Chamber of Commerce members and Board of Directors support the community center effort. In addition, people in the community also appear to be supportive. • Mr. Bob Gray, P. 0. Box 1016, Sherwood, Oregon 97140 reviewed his cost estimates. Remodelling costs are estimated to be $250,000. • Mr. Jim Nicoli, 9025 S.W. Center Street, Ti^ard, OR 97223 noted his support for the Community Center. This is a unique and rare opportunity to obtain a community center for a reasonable price. He said it was important to ask the taxpayers for a set amount and then focus on holding the line at that figure. If it appears that costs to remodel the entire building will overrun, then he suggested that as a tall back plan, that 100 percent of the building does not have to be renovated all at once. The CSCC does not plan to solicit a large amount of cash donations, but they do expect to receive a large amount of "in-kind donations" in labor and materials. • A January 5, 1993, letter for the record was received from Laurel Blanchard of the Westside Family YMCA. Ms. Blanchard advised that the :•7estside Family YMCA was extremely interested in CITY COUNCIL MEETING MINUTES - JANUARY 5, 1993 - PAGE 4 loan being a part of and involved in the commercial Street Cot^.«!mun i tv Center . l e. Council discussion: Council discussed, at length, issues of concern to them with the proposal. Included were the following comments: - Mayor Edwards said that he had no way of knowing how much community support there was for a community center. However, he acknowledged, the only real way of ascertaining the support would be via a referral to the voters. He noted the cost of the election: an estimated $5,000 for a March election and $10,000 for a June election. He suggested that other organizations could perhaps donate the cost of the election rather than have the City pay the costs. Mayor noted some hesitancy with regard to the operating cost Figures and said more documentation was needed. However, he added, many of the details can be resolved later if the voters give approval to issuing bonds. He said he thought the community center would be an excellent buy if financial safeguards are built in. - Councilor Hunt asked for clarification on the differences between the bond issues. He also noted some political issues with regard to the working relationship between the City and Chamber of Commerce. Councilor Hunt noted concerns with the financial information and the supporting documentation. Overall, he advised he was in favor of the center, but costs would have to be justified. He noted the possibility of the city assuming some liability for operating costs in the future. In response to Councilor Hunt, Mr. Schwab noted that this would not be a Chamber of Commerce building; rather, it would be a community center. There is a possibility that the Chamber could use a portion of the building for office space but that the Chamber was a good downtown presence. - Councilor Fessler also noted some reservations with the dollar estimates and noted the need for better numbers. Many of these details can be worked out later. ( CITY COUNCIL MEETING MINUTES - JANUARY 5, 1993 - PAGE 5 ® Councilor Hawley acknowledged the work by the numerous individuals in support of the community center up to this time. She r e via*,9e'? some of the figures and noted that the remodeling numbers, in her opinion, were as accurate as possible. She suggested that a portion of the election costs be funded by private organizations. She advised she supported placing the issue on the ballot. Councilor Schwartz advised he supported the community center concept; however, he had concerns with the type of bonds which could be issued. His preference would be for the method which wouIl d give the City the greatest flexibility with regard to community center usage. Also, he noted there were no guarantees that the City wou'.d not ever have to subsidize the operations of the center in the future. Lengthy discussion followed on the above-referenced issues brought forth by Council. f. Council consideration: Motion by Councilor Schwartz, seconded by Councilor Hunt to • place the General Obligation Bond Issue on the March ballot; • amount: $600,000 • bond type: "Governmental Bonds" • cost of election is approximately $5,000; cost to be split between City of Tigard and "other donated sources." The motion was approved by a unanimous vote of Council present. The Council will review the final ballot title to forward to the Washington County Elections Division at their January 19; 1993 meeting. / 4. NON-AGENDA ITEMS: None i CITY COUNCIL MEETING MINUTES - JANUARY 5, 1993 - PAGE 6 t 5. EXECUTIVE SESSION: The Tigard City Council went into ® Executive Session at 10:00 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 6. COUNCIL DISCUSSION ON MISCELLANEOUS ITEMS: • City Administrator announced FOCUS meeting on Thursday, 7 p.m., at West Linn City Hall. Mayor Edwards and Councilors Fessler, Hunt & Schwartz indicated they would try to attend. The purpose of the meeting is to develop an action plan for 1993. • There was brief discussion about opening for representation on MPAC (an advisory board to METRO). Councilor Fessler indicated she was willing to put her name forward for nomination. y • Council scheduled a training session for January 23 and 24. • Council meeting dates may change from Tuesday to Wednesday - staff to review feasibility. 6. URNMENT: 11:20 p.m. rt At st: ? Catherine' at erine Wheatley, City Rec der i a of Tigard Date: N3 c=0105.93 CITY COUNCIL MEETING MINUTES - JANUARY 5, 1993 - PAGE 7 C• Legal ~a COMMUNITY NEWSPAPERS, IN P.O. BOX 370 PHONE (503) 684-0360 Notice BEAVERTON. OREGON 97075 Tr 7417 Legal Notice Advertising City of Tigard Ft I V Tearsheet NC TiZ P.O. Box 23397 ~I n Tigard OR 972 06199- n Duplicate Affi 1 ,Q r • CITY. OF .TIGARL~ 1 t o.. AFFIDAVIT OF PUBLICATION s o b~' STATE OF OREGON, ) EQpp COUNTY OF WASHINGTON, yss. O:. V , a M ti 1, -Judith Koehler - o being first duly sworn, depose and say that 1 am the Advertising Director, or his principal clerk, of the Tigard Tim \ a newspaper of general cir latio as defined in ORS 193.010 ' ^ t7 igar~ the att. and 193.020; published in aforesaid county and state; that the Counc-ii City a printed copy of which is hereto annexed, was published in the o a a a. entire issue of said newspaper for one successive and ~ - ; . = vrr ~ consecutive in the following issues: •tiE~' dal 3~ . - 8 O, ce l December 31, 1992 Subscribed and sworn to before me this 11 tiny of _nec m3ber 1992 Notary Public for Oregon My Commission VEes- AFFIDAVIT 7 Legal P.O. BOX 370 PHONE (503) 684.0360 Notice TT 7418 BE°.VERTON, OREGON 97075 Legal Notice Advartisine_ PUBLIC HE RING NOTICE City of Tigard 7be Tie nu~ City Council will hold a public hear in,gg to consider time follow- ° P.O. Box 23397 ° ❑ Tearshe( ing issu on Tbesda , Sanuary 5, 1993, at 7:30 P.M ax Tigard City Hall, Tigand OR 97223 Town Half Room, 13125 S. W. Hall Blvd .Tigard Oregon You are invited ° ' ° ❑ DuplicatE to submit written testimony in advance of the public !:°aring; written and oral testimony will be eon Wered at the hearing. Further information may ° ° be obtained from the City Recorder at the above-noted address GENERAL OBLIGATION BOND PROPOSAL - TIGARD COMMUNTl Y CENTER AFFIDAVIT OF PUBLICATION Council will consider public comments with regard to support/opposition for sending a general obligation bond measure to the voters for considr STATE OF OREGON, ) lion on the March 23,1993 ballot. The purpove of Nine bond measure will COUNTY OF WASHINGTON, )ss be to funri ;he purchase, renovation and equipment costs of a Community Ttuli th KoPhl er Center (Commercial Strut fire station). being first duly sworn, depose and say that I am the Advertising Examples of proposed uses of the Community Center include provision of Director, or his principal clerk, of the s a meeting space jar service and non-profit organ. tions• public rentals for a newspaper of general circulation as tined in ORS 193.010 weddings, reunions, social events; preschool indoor park program; office and 193.020; published at~i card _in the space for the Chamber of Commerce and the Westside Family YMCA. aforesaid county and state; that t e For comparison purposes, approval of a $600,000 general obligation bond Pi l i c Hear, ng / general Obligation Bond Proposa measure would result in an estimated tax liability to Tigard citizens of 5 a printed copy of which is hereto annexed, was published in the cents per S 1.000 ofassessed valuation over a 10-year perkA entire issue of said newspaper for ona successive and M418-Publish December 31, 1992. consecutive in the following issues: December 31, 1992 ZZ, Subscribed and uworn •a before inn this 31, day of December 1992 Notary Public for Oregon My Commission ires: AFFIDAVIT w / _ CITY OF TIGARD, OREGON AFFIngvIT OF PASTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) . 1, begin first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) which were adopted at the Council Meeting dated /_--Q copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the 5 day of CLn~ c«ri~ 19 93 1. Tigard Civic renter, 13125 SW Hall Blvd., Tigard, Oregon 2. West One Bank, 12260 SW Main Street, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Comer of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon ~ v Subscribed and swom to before me this day of JG',GtQYU . 1,9 2d-LE- Nota Public for Oregon My Commission Expires: /d login\(o\affpost CITY OF TIGARD, OREGON ORDINANCE NO. 92- AN ORDINANCE OF THE CITY COUNCIL OF THE CITV OF TIGARD AMENDING CHAPTER 11.04, SOLID WASTE MANAGEMENT, RELATING TO FRANCHISE TERM AND AUTOMATIC RENEWAL WHEREAS, pursuant to Section 11.04.090(C) of the Tigard Municipal Code, an amendment to the soild waste management franchise has been proposed; and WHEREAS, the proposed amendment would change the term of the automatic franchise renewal from ten years to semen years; and WHEREAS, the Solid Waste Advisory Committee has reviewed the proposed amendment and made a r+ecommendatlon to the City Council; and WHEREAS, on December 22, 1902, the City Council held a public hearing to gather input on the proposed amendment; now, therefore, #1E CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. Subsection B of section 11.04.050 of the Tigard Municipal Code Is hereby amended to read: "B. Unless the council acts to terminate further renewals of the franchises herein granted: each January 1st, the franchises are automaticalty renewed for a term of ten years from the January 1st renewal; on January 1, 1993, the franchises are automatically renewed for a term of nine years, on January 1, 1994, the franchises are automatically renewed for a term of eight years; and, on January 1, 1995, and on each January 1st thereafter, the franchises are automatically renewed for a tern of seven years from the January 1st renewal." SECTION 2. All of the franchisees shall sign an acceptance of this amendment and said acceptances shall be filed with the City Recorder by 5:00 pm on December 30, 1992 or this ordinance and amendment shall be null and void. SECTION 3. This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder; and upon acceptance by the franchisees pursuant to Section 2 above. PASSED: By Zf;,;s~,l M uvr, vote of all Council members present after being read by number and title only, this 7-2-_ day of 1992 ;r k% F 144nd- APPROVED: This _ ZL day of 1 2. Mciaiv ti. LuriaTuj, mOyVI Approved as to form: 1~ e LP/IM ' 2 13 9 L City Attorney Date ORDINANCE No. 92-3 U Page 1 AGENDA ITEM NO. 2 ;rlSl?-nQ'c erFNno nATF_• :irarntan. 5 _•tQ&Q. (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, UL asks that you fLr..3t t-y ;o ras;;vo your co^carr:s through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. STAFF NAME & ADDRESS TOPIC CONTACTED U ~1♦ 11 nNioginlowlsi ors.s } Depending on the number of person wishing to testify, the Chair of the Council may limit the amount d 1 time each person has to speak. AV's as:: y cul to lir!'1,it your oral comments to 3 - 3 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to suppsupplement v. ^ Or I. t., Qe.,ti.....-.., Mn-ny iY:. . i i 3 AGENFJA, ITEM NO. `'4 bATE: January 5; 1993 f •t Y 2 T PUBLIC HEARING - GENERAL OBLIGATION BOND PROPOSAL -TIGARD COMMUNITY CENTER: Council will consider public comments with regard to support/opposition for sending a general obligation bond measure to the voters for consideration on the March 23, 1993 ballot. The purpose of the bond measure will be to fund the purchase, renovation and equipment costs of a Community Center (Commercial Street fire station). PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS .f r: AGENDA ITEM NO. 4 PLEASE PRINT Proponent - (Speaking in f=avor) opponent - (Speaking Against) / Name} s ~tltot : Name i G vi at / r ~ _Mdress ~j'•, f V SO,ti ~ ~ F 1'- ~ -Agdress aame Coo Address Address 9-:5 i w M,' (ir,'e 4V G- Name t,~ Name teas ress S Name Name Address Address Name Name Address drew ame -a-me Address Address Name me rasa Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Nuweoi Address ,f counci 1 Aaenda Item 3,aa_, r- MEMORANDUM CITY OF TIGARD, OREGON j` i TO: Honorable Mayor and Council ii FROM: Patrick J. Reilly, City Administrator do, I DATE: December 29, 1992 SUB-7ECT: Amendment to Solid Waste Franchise Term The city's three solid waste haulers have submitted lotters to the city accepting the terms of Ordinance 92-36 which amends the franchise term over the next three years from ten to;seven years. Copies are attached. 's 3 7 t j 1 i l OEM- DISPOSAL COMPANY P,O. Box 620 Sherwood, OR 97140 (503)625-6177 ~ To City of Tigard Pride Disposal accepts the ordinance number 92-36, chapter 11.04 by this letter. Mike L. Leichner Pride Disposal Co. Date: 12-24-92 (e, cv V Printed on 100°o recycled paper. SCHII IDT SANITA RV 4'FAVVIrv TN,(" ~ . v:,Jj sr ~ v 8325 S.W. Ross St. Tiatarri nroanr% 0'7))A Phone 639-2378 Solid Waste Disposal, Recycling, and Drop Box Service December 28, 1992 TO: CITY OF TIGARD, OREGON We agree to the amendment of Ordinance No, 92-36, Chapter 11.04, solid waste management, relating to franchise term and automatic renewal. SCriM T SANITARY SERVICE CA IN Im ArAir 07~z S w ■,41NoTA RY SER°A I~`E INC December 29, 1992 City of Tigard PO Box 23397 Tigard OR 97223 - RE: Franchise Ordinance Ammendment We are in receipt of information regarding the franchise ordinance ammendments adopted by City Council on December 22, 1992. I have reviewed the adopted language in Ordinance 92-36 and find it to be satisfactory. Please consider this correspondence as written acceptance of the ammendments to the franchise as specified in Ordinance 92-36 and as required to avoid effecting Resolution 92-59. Sincerely, MILLER'S SANITARY SERVICE, INC. Afwm Thomas C. Miller President Vk 4 TCM:tf ~ ti9 t tti~ 5150 S.W. ALGER • BEAVERTON, OREGON 97005 • (503) 644-6161 Council Agenda item 3:P !O- MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council i FROM: Patrick J. Reilly, City Administrator DATE: December 29, 1992 SUBJECT: COUNCIL CALENDAR, January - March 193 Official council meetings are marked with an asterisk If generally OR, we can proceed and make specific adjustments in the Monthly Council Calendars. January '93 1 Fri New Year's Holiday - City Offices Closed 5 Tue Special Council Meeting (7:30) * 12 Tue Council Meeting Study Session (6:30) Business Meeting (7:30) Oath of Office - Council Positions 1 & 2 State of the City (Mayor) Executive Summary (City Administrator) Keys to the City - Transportation Advisory and Eccromic Development Committee 18 Mon Martin Luther King Jr. Day Holiday - City Offices Closed * 19 Tue Council Study Meeting (6:30) 21 Tue Joint Meeting with Tigard-Tualatin School Board (7:00) * 26 Tue Council Meeting Study Session (6:30) Business Meeting (7:30) February 193 * 9 Tue Council Meeting Study Session (6:30) Business Meeting (7:30) 15 Mon Presidents' Day - City Hall Offices Closed * 16 Tue Council Study Meeting (6:30) * 23 Tue Council Meeting Study Session (6:30) Business Meeting (7:30) March '93 * 9 Tue Council Meeting Study Session (6:30) Business Meeting (7:30) * 16 Tue Council Study Meeting (6:30) * 23 Tue Council Meeting Study Session (6:30) Business Meeting (7:30) h:\login\cathy\cccal Tr a COUNCIL AGENDA ITEM 1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMHIARY AGENDA OF: January 5, 1992 DATE SUBMITTED: December 29. 1992 ISSUE/AGENDA TITLE: PREVIOUS ACTION: PREPARED BY: PJR DEPT HEAD OK CITY ADMIN O REQUESTED BY: - ISSUE BEFOR THE COUNCIL Should Council place on the March ballot a proposal to issue General Obligation Bonds to purchase and renovate the Commercial Street Fire Station into a Community Center? STAFF RECOMMENDATION Staff recommends placing the proposal to issue General Obligation Bonds to .purchase and renovate the Commercial Street Fire Station on the ballot for voter consideration. Staff encourages Council to express its support for the proposal but delay placing the matter on the ballot until such time that the Council is comfortable with the cost figures associated with the project. f INFORMATION SUMMARY t Essentially, a not-for-profit group (Commercial Street Community Center, Inc.) is asking for the opportunity to let voters decide whether to convert the fire station, to be vacated by the Fire District, into a Community Center through use of public money. The specific request is to place on the March ballot a proposal to authorize a General Obligation Bond Issue to purchase and renovate the building. If voters approve the issuance of general obligation bonds, the city would purchase the building from the Fire District and manage the remodeling project. Once the remodeling is completed, it is intended that the City will contract with the not for profit group to operate the building. The building would then be used as a community center. Should voters reject the bond issue proposal or the Council decide not to place the proposal on the ballot the plans of the Commercial Street Community Center, Inc. (CSCC) are unclear. January 21 is the deadline for filing for the March election with Washington County. Attached please find the following attachments: 1. Memorandum from Wayne Lowry, December 24, regarding Tax Exempt Status of Community Center Bonds; 2. Memorandum from Patrick Reilly, December 29, regarding guiding principles for contract to operate building; 3. Draft ballot title; and 4. Memorandum from CSCC, Inc., November 17, regarding the project As or this writing, iy, L,.c cost s estimate of the project is being reviewed by an ( independent contractor selected by CSCC. The prior estimates su"'Mittea did not include an inflation factor or street improvements, which together approximate $100,000. No contingency was reflected in the estimates provided to Council. As background, the development plan for the city center references the need for "entertainment" opportunities as part of its vision for a mixed use environment. The adopted plan, however, did not specify a community center. The Tigard Park Plan, adopted in 1987, references the need for a community center, but does not specify location. PROPOSED ALTERNATIVES The following is a summary of alternatives for several key policy facets of the issue: A. Should the Council place the General Obligation Bond Issue on the °i ballot? 1. Yes a. March or b. May 2. No THE FOLLOWING PRESUMES THAT THE COUNCIL DECIDES TO PROCEED WITH THE BOND ISSUE: B. Should the Council contract with Commercial Street Community Center, Inc. to operate the community center? 1. Yes a. term 1) annual renewal vs. 2) fixed term b. relationship between city and CSCC 1) arms-length (501 C(3) Bonds) vs. 2.) City control (Governmental Bonds) C. Who should assume responsibility for the operating cost of the facility? 1. City 2. Commercial Street Community Center, Inc. 3. Shared D. Size of Bond Issue: 1. Full amount vs 2. Partial amount (e.g. supplement to fund raising) E. Election costs - who pays? 1. City 2. Commercial Street Community Center, Inc. 3. Shared r FISCAL NOTES The March election is estimated to cost $5,000. The May election is estimated to cost $10,000. Estimates are provided by the County. No funds were appropriated for this purpose in the 1992-39 Budget. Should city assume cost, funds will be appropriated from contingency. It is estimated that a $600,000 Bond Issue debt service (10 years) would result in a tax levy of approximately $.05 per $1,000. It is assumed that facility operating costs will be assumed by CSCC, and not become the responsibility of the City. h:\login\pat\cscc C MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator FROM: Wayne Lowry, Finance Director DATE: December 24, 1992 SUBJECT: Tax Exempt Status of Community Center Bonds After further discussions with Jack Schwab and our Bond Attorney, it is clear the City has two options to retain the tax exempt nature of the proposed Community Center Bond issue. OPTION 1 - 501 C(3) Bonds Because the facility will be managed by a 501 C(3) IRS designated organization, the City may issue 501 C(3) bonds. The facilities may be used by any type of organization on a first come, first serve basis. However, no more than 5 percent of the space ;n the facility may be rented on a more permanent basis by non 501 C(3) or non governmental entities. The two offices and associated common areas proposed for use by the Chamber of Commerce account for just under the 5 percent limit. Therefore, any other space contemplated to be rented on a more permanent basis will be restricted to 501 C(3) organizations or governmental uses. OPTION 2 - Governmental Bonds The City may choose to issue governmental bonds and enter into an agreement with an organization to manage the facility for the City. Under this option, all revenues collected from use of the facility would go to the City and all costs would be paid by the City including costs of managing the facility. This option allows the City to maintain more control over the facility but requires the City to budget and account for the operation of the facility. The advantage of this option is that up to 10 percent of the facility may be used by non- governmental purposes. In discussing these options with lark it anpaarg that tha K rngrng;,t limitwti o:lll ^.^.t impair the current plans of the Community Center Corporation. It would therefore make sense to pursue the issuance of 501 C(3) honds unless the Council wants to retain more control over the building and allow more private activity. Harvey Rogers, our Bond Attorney, would like to review the proposed ballot measure language to ensure that it meets requirements related to the bonds. I will plan on attending the Council meeting on January 5, 1993 to answer any questions about the financing. ke/CCBONDS.MEM 14n\wayne MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City c:ouacil FROM: Patrick J. Reilly, City Administrator DATE: December 30, 1992 SUBJECT: GUIDING PRINCIPLES FOR CONTRACT BETWEEN CITY OF TIGARD AND COMMERCIAL STREET COMMUNITY CENTER, INC. CITY: - owns building and is responsible for structure and major building components (eg., HVAC) to be delineated in the agreement; - levies taxes to finance principal and interest on General obligation bonds; - leases building to Commercial Street Community Center, Inc., a 501 C(3); - assumes an arms length/hands off approach to the operation of the building; f - is not responsible for any aspect of building operation, unless mutually agreed to by the City and CSCC; COMMERCIAL STREET COMMUNITY CENTER, INC. - retains a 501 C(3) status; - operates building; - maintains/schedules/rents consistent with requirements of tax free General Obligation Bond Issue; - responsible for building's operational financial requirements; - submits annual financial report to City; - is responsible for any fund raising required; As I understand the proposal, the relationship between the City and CSCC will be similar to former relationship between the City and Loaves and Fishes Inc. Under the wormer agreement, Loaves and Fishes operated the City's building and the City assumed no ongoing financial respon:'bility other than the annual contribution, which had as its basis a voter-approved levy (as I understand it). The agreement was amended concurrent with the recent remodeling to allow broader use of the facility and as trade off, the city assumed certain defined operational responsibilities. H:\login\pat\cscc.2 First Draft Community Center General Obligation Bonds Ballot Title 0__ dear TlO : (iv cord AUTHORIZES ISSUANCE OF GENERAL OBLIGATION BONDS FOR COMMUNITY CENTER. QUESTION: (20 word limit) Shall City of Tigard be authorized to issue $ in General Obligation Bonds to purchase, renovate and equip Community Center? If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of section 11b, Article XI of the Oregon Constitution. (Sentence in bold required by ORS 250.037.) EXPLANATION: (85 word limit) If approved, the General obligation Bonds would allow the City to: • Purchase and renovate the Commercial Street Fire Station. • Buy equipment for the Community Center. Examples of proposed uses for a Community Center: • Meeting space for non-profit and service organizations. • Public rental for social events. ( Preschool indoor park. • Offices for Chamber of Commerce and Westside Family YMCA. Approval of this measure would result in an estimated tax liability to Tigard residents of ? cents per $1,000 of assessed valuation over a 10 year period. STUDY SESSION COUNCIL MEETING OF 11124092 MEMORANDUM TO: Mayor Jerry Edwards, Councilor Valerie Johnson, Councilor John Schwartz, Councilor Joe Kasten, Councilor judy -Ressler FROM: Commercial Street Community Center, Inc. DATE: November 17, 1992 Commercial Street Community Center, Inc. (CSCC) is a nonprofit corporation formed recently for the sole purpose of acquiring the Commercial Street fire station, renovating and equipping it, and operating it thereafter as a community center for the benefit of the people of Tigard. The Board of Directors of CSCC represents a wide variety of interests in Tigard. We believe that the development of a community center is good and necessary. We-believe the best way to acquire, renovate and equip such a facility would be through general obligation bonds issued by the City of Tigard. We hope that the attached material regarding.projected operating revenues and expenses will demonstrate that the project can support itself and not.be a continuing burden to the General Fund. There '_s a real need for such a facility in our community. When the fire station is vacated the existing Community Hall and its kitchen will necessarily be abandoned. More than a dozen groups, including the Tigard Garden Club, the Tigard Art Club and the Northwest Steelheaders will lose their regular meeting place. The only other public facilities in Tigard are the Senior Center and City Hall. Meeting and activity space and time is limited at the Senior Center because of the commitment to Meals on Wheels. There is little "public space" available at City Hall and it is booked to the limit. The City, Chamber of Commerce and Washington County Visitors Association continually receive inquiries about meeting and activity space in this area and much of that public need goes unfilled. Both Community Youth Services of Washington County and Westside Family YMCA have expressed an interest in using this facility to greatly expand their services to teenagers in the area. Tiny Tykes Indoor Park is again desperate for space for their program which entertains preschoolers on most weekday mornings. 4 ® Llernoa. and Page Two Head Start needs a new center in Tigard and is interested in this facility. The City of Tigard itself could greatly expand its recreational programs if additional meeting and activity space was available. Service clubs in the area have expressed interest in an alternative place to hold their lunch or dinner meetings. CSCC continues to receive comments that there are inadequate facilities in our community for wedding receptions, club meetings, exercise classes, and the like. Enclosed with this memorandum are the following documents: 1.- Acquisition and Renovation Budget (Projected); 2. Operating Revenues and Expenses Projection; 3. Proposed floor plan. Representatives of CSCC will -be available at the council meeting-on November 24, 1992 to make additional comments and answer any questions. We believe there is a demonstrated need for a community center in Tigard and that the community will support the issuance of general obligation bonds to acquire, renovate and equip the facility. We ask that the City Council schedule a public hearing in this matter and, then, place a general obligation bond measure on the ballot on the fourth Tuesday in March. The board of directors of CSCC pledge to organize and finance a campaign to support the bond measure. We will work hard for its passage. t Mm 00 ACQUISITION AND RENOVATION BUDGET (PROJECTED) Agguisition. i Cost of existing building $250,000.00 Renovation 4 i Engineering and architectural services $ 20,000.00 Demolition 3,500.00 I Interior Doors 20,000.00 Main Entry Doors 5,000.00 Other Exterior Doors 10,000.00 Ceramic Tile (Bathroom) 3,200.00 Cabinets (Counters) 4,000.00 Carpet, Vinyl and base 20,000.00 ! Accoustical ceiling 10,000.00 Course of Construction Insurance 2,000.00 Electrical. lighting & plugs 30,000.00 Mechanical 30,000.00 Masonry 3,000.00 Painting (Interior) 8,000.00 Exterior Renovation (South and East Wall only) 19,500.00 Interior Walls including taping 12,000.00 New canopy at main entrance 2,000.00 Windows (new) 850.00 (upgrade existing) 4,000.00 Bathroom partitions 1,800.00 l~ Other bathroom -accessories' 800.00 Plumbing (restrooms) (6 water closets, 2 urinals, 6'sinks) 8,000.00 Paving 1?~nnn,00 Plumbing on community kitchen 1 convenience sink in Chamber area 2,000.00 Ceramic tile floor only in kitchen 3,000.00 Special wall coverings in kitchen area 3,000.00 Signage 2,000.00 Burglar and fire detection alarm system 3,000.00 Wall repair and preparation in large community roon► 2,000.00 Exterior painting (wood siding area) 1,500.00 Skylights repair and renovation 3,000.00 Landscaping 3,000.00 Overhead 15.000.00 $267,150.00 Equipment Kitchen - Equipment & furnishings (tables and chairs, etc.) $ 35,000.00 Furnishings for remaining rooms 35.000.00 $-79.000.00 GRAND TOTAL $587,150.00 1 COMMERCIAL STREET COMMUNITY CENTER, INC. Operating Revenues And Expenses Projection Revenues: Year 1 Ycar 2 Yaar s Hall Rental - Morning 2,100 2,200 2,300 Hall Rental - Lunches 5,000 5,250 5,500 Hall Rental - Evenings & Weekends 8,000 10,000 12,000 Office Rental - Chamber 4,150 4,150 4,150 Office Rental - Agency 3,250 3,250 3,250 Board & Conference Rooms Rental 2.600 2.800 3.000 Total Revenues 25.100 27.650 30.200 Expenses: Water 315 331 347 Sewer 980 1,029 1,080 Electricity 4,800 5,040 5,292 Gas 4,560 4,788 5,027 Phone 360 378 397 Garbage 1,220 1,281 1,345 Supplies 1,500 1,575 1,654 t Janitorial 4,800 5,040 5,292 Insurance 3,000 3,150 3,307 Landscape Maintenance 1,200 1,260 1,323 Parking Lot aintenance 1.200 1.260 1.323 Total Expenses 23.935 25.132 26.388 Net Revenues Over Expenses 1.165 2.518 3.812 Cumulative Available for Capital Maintenance 1.165 3.683 7.495 Caterers will be charged a fixed percentage of their gross (estimated to be 3-5%) for a kitchen fund to be used for breakage of dishes and utensils. C See attached page for sources and explanations of accounts. i a O COMMERCIAL STREET COMMUNITY CENTER, INC. Operating Revenues And Expenses Explanations Revenues: Hall Rental - Morning: Used Tiny Tikes current rent at Metzger Park for three sessions increas- ing it some due to increased space allowing more students. A fourth session Is also possible. Hall Rental - Lunches: 50 weeks at an average of $40 per luncheon, for an average of 2 1/2 days a week. Hail Rental - Evenings & Weekends: Metzger park currently receives $12,000 annually. We are estimating it could take us a couple of years to get known by all groups and caterers. Office Rental - Chamber. Using $6.50 a square foot. This is what Portland public schools uses. Office Rental - Agency: Using $6.50 a square foot. This Is what Portland public schools uses. Board & Conference Rooms Rental: 50 weeks at $4 per hour, for an average of 13 hours per week. $4 per hour is what Chehalem Park & Rec. District uses. Expenses: Water. Average of Fire Stations bill has been $315 per year for the last 2 1/2 years. Sewer. Called City of Tigard to find out what Fire Stations bills have been. Electricity: Received printout from PGE showing last year and a half for the Fire Station. Increased it by approximately 5 percent due to an additional cooler we're adding. Gas: Called NW Natural Gas and found out the average the Fire Station has been paying over the two years. Phone: One residential phone line for a pay phone In the building with local extended access. Garbage: Called Miller's Garbage Service and received a quote for a dumpster to be picked up once a week. Supplies: Used what Hillsboro Community Center has paid on an average for the past two years. Janitorial: Received a quote from Suburban West Maintenance to dean the offices, conference rooms and the hall once a week. With a strip and wax job on the hall once a month. Insurance: Received a quote from Insurance Associates. Landscape Maintenance: Estimated $100 per month. Parking Lot Maintenance: Estimated $100 per month. Expenses estimated to increase at 5% per year. ~ r O6 YID: .Y Y c ~ Mfr A v 119 92 SO. FT. ' 103 CLO. CLO. MEN 189 SO. FT. 110 WOMEN 237 SO. FT. -21 11 i LOBBY 11 ~ FOYER 354 SO. Ff. FACE OF WALL 11 AT SECOND FLOOR - NOTE. I I ' I I 2ND FLOOR OFFICEI L _ _ _ _ _ J (NOT SHOWN FOR CLARITY) 560 SQ. FT. I F9..OOR PLAN 1/16' -1'-0' 503 684 3636 NICOLI ENG. '93 01/05 13:00 002 S 0 rtWers 'r -Gi-a X MW - T I GARD COMMUNITY CENTER U Acquisition Cost of existing building (This JS Jar in excess of cost to the taxpayer's) Renovation 1. Engineering and Arch. Services 5 15,000.00 2. Demolition 2.500.00 3. Interior Doors 14, 000. 00 4. Hain Entry Doors 5,000.00 5. Other Exterior Doors 5,600.00 6. Ceramic Tile (Bathroom) 12,600.00 7. Cabinets (Counters) 6,000.00 / 8. Carpet, Vinyl and Base 20,000.00 \ 9. Acoustical Ceiling 8,000.00 10. Electrical, Lighting 8 Plugs 30, 000.00 11. Mechanical 30, 000. 00 12. Maeonry 2,000.00 13. Painting (Interior) 6,000.00 14. Exterior Renovation (South b East Wall Only) 4,000.09) 15. Interior Walls _ncluding 'taping 12, vbO. 00 16. New Canopy at Main Entrance 2,000.00 17. Windows 5,000.00 18. Bathroom Partitions b T. A. Mirrors 2-1,400.00 19. Plumbing (Restrooms) (6 water closets, 2 urinals, 6 sinks) 10, 200. 00 20. Paving 10, 400. 00 P.O. BOX 1016 • SHERWOOD, OREGON 97140 • (50:3) 692.4675 JAN 5 '93 10:56 503 684 3636 PAGE.001 503 684 3636 NICOLI ENG. 193 01/05 13:01 003 i® i 21. Plumbing on community kitchen 1 convenience sink in chamber area 3,000.00 I t 22. Quarry Floor and Wfall Covcr in;s ; in Kitchen 4, 000. 0d ; 23. Signage 1,500.00 24. Burglar and Fire Detection alarm system, F. E. & Cabinets 3,000.00 25. Mall repair and Preparation in large community room 31000.00 26. Exterior patnting(Mood siding area) 1,500.00 i 27. Skylights - repair and renovation 3,000.0 9 5 26. Landscaping i 29. Roof Repair 2, 000. 0tr~ 30. Check Insulation 3, 50A. 00 31. Bulletin Boards 300.00 32. Site Drainage 1,500.00 33. Cleaning 1, 000. 00 34. Course of Construction Insurance 2,000.00 35. Overhead 15, 000. 00 $M0, 000.00 Equipment Kitchen - Equipment & Furnishings (tables and chairs, etc.) 35,000.0e, Furnishings for Remaining Rooms 35, 000.00 52G:, 30Qf, N GRAND TOTAL sS70, 000.00 JAN 5 193 10:57 503 634 3636 PAGE.003 r.`i: WeaLsid• YMCA 2943332 P.01 it• Dynd x Transmittal Memo 7672 0) CILZA ~ /GF-~artata~C/ LLB IGLU Q~ ~i~ C~ ~ m g lx.em Pu 1.Mpnun. i OhpotiBan: ❑C°aY ❑MMn 11 CanW pkk+p VESTSiDE MILY CA TO: TIGARD CITY COUNCIL FROM: LAUREL BLANCHARD EXECUTIVE DIRECTOR WESTSIDE FAMILY YMCA DATE: JANUARY S. 1993 f SUBJECT: COMMERCIAL STREET COMMUNITY CENTER, INC. This memo is in lieu of my attendance at the public hearing this evening. I have a conflicting commitment that prevent me testifying in person. I would like to let this council know that Westside Family YMCA is extremely interested in being a part of and involved in the Commercial Street Community Center. We see it as a potential space for programming for the children of Tigard and for meeting space for various groups in our YMCA. We have a history of serving the children in Tigard through the school district and we would welcome this new opportunity through this community center. We fully support the request that is before you this evening. I am available for any questions during the day at 294-3345. Thank you accepting this written message from me. A branch of the YMCA of Columbia-Willamette An Gpncy of tM UUPAW Way 10245 Southwest Parkway Portland, Oreoon 97225 (503) 294.3345