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City Council Packet - 06/08/1993 CITY OF TIGARD OREGON AGENDA 1 j y.~~ ~ E fsh h _ PUBLIC NOTICE. Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be <nn....., n~ r4> 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. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. • STUDY SESSION (6:30 p.m.) Dial-A-Ride; Mayor Linda Jenkins, King City 1. BUSINESS MEETING (7:30 p.m.) 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. DECLARE JUNE 25, 26, AND 27 AS CLASS OF 1943 TIGARD UNION HIGH SCHOOL DAYS 3. VISITOR'S AGENDA (Two Minutes or Less, Please) 4. 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: 4.1 Approve Council Minutes: May 3, 11, and 18, 1993 4.2 Receive & File: Council Calendar 5. COUNCIL DISCUSSION ITEMS: 5.1 Citizen Involvement Team (CIT) Implementation 5.2 Walnut Island Annexation Review 5.3 Tigard Country Daze Update 5.4 Council Benefits 5.5 Charter Amendment 5.6 Water Issues Update COUNCIL AGENDA - JUNE 8, 1993 - PAGE 1 ;r j f I 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 transactions, current and pending litigation issues. 7. ADJOURNMENT ~j =0608.93 { COUNCIL AGENDA - JUNE 8, 1993 - PAGE 2 T Council Agenda Item 3• T I G A R D C I T Y C-0 U N C I L MEETING MINUTES - June 8, 1993 • Meeting was called to order at 6:35 p.m. by Council President Schwartz. 1. ROLL CALL Council Present: Council President John Schwartz; Councilors Judy Fessler, Wendi Conover Hawley and Paul Hunt, Staff Present: Patrick Reilly, City Administrator; Ed Murphy, Community Development Director; Liz Newton, Community Relations Coordinator; Tim Ramis, Legal Counsel; and Catherine Wheatley, City Recorder. STUDY SESSION Dial-A-Ride; Mayor Linda Jenkins, King City, presented information to Council on this program. With the help of the City of King City, a pilot program has been initiated. The program provides riders, who schedule rides 24 hours in advance, with door-to-door transportation service. The van is wheel-chair equipped and operates on Tuesdays and Thursdays, until ridership demands expansion. The program serves all of King City and the retirement communities surrounding it. Service is provided to the King City Plaza, the Tigard Towne Square on Tuesdays. The Tuesday route has a trip in the morning and one in the afternoon. On Thursdays, there is one two-hour trip to Washington Square. King city has given $10,000 as start-up funds and the program will operate on sponsorships and donations hereafter. Volunteers drive the van and riders donate a suggested fare of $1. Grants and other funds are being sought to keep the program in operation. After discussion, Council consensus was to consider the $1,000 request for a donation from Tigard at the June 22 Budget Hearing. Council requested that the Budget Committee members be contacted for their comment on the requested donation. CITY COUNCIL MEETING MINUTES - June 8, 1993 - PAGE 1 A l: Council Communications • Councilor Fessler referred to material received in the Council Mail with reference to the Metro Regional Design Images Program. Community Development Director Murphy is evaluating material to determine whether this is a program which could be of benefit to the City. Councilor Fessler noted the County is y preparing to construct a pathway in the Genesis Subdivision along Fonner Street. This should be completed in time for the next school year. • Council encouraged a staff member to attend the press conference being held with regard to the urban renewal measure appearing on the June 29 ballot. The event is scheduled for June 10, 9:30 a.m., at the Portland Airport Hilton. • Community Relations Coordinator Newton announced that there will be a groundbreaking ceremony for the Dartmouth Street project. After discussion with Council, this event was tentatively scheduled for June 28 at about 4 p.m. Details will be forthcoming. • City Administrator Reilly referenced a legal t opinion from the City Attorneys office with regard to the possible transfer of the old fire station on Commercial Street to the City for a nominal fee. It is the attorney's opinion that this is possible. The Fire District, however, had planned to use the proceeds from the sale of the old fire station to help finance the new fire station. Another issue covered in the Attorney's opinion was the possibility that any work done to renovate the building may be subject to public contract laws precluding the use of volunteer labor and materials. At the conclusion of discussion, Council members agreed that there was no need for the staff to continue to work on the fire station acquisition. • City Administrator Reilly distributed the draft statement of priorities summarizing the Council discussion during their May 18 workshop. Mr. Reilly asked the Council to review the document and let him know of any suggested changes. Formal acceptance will be sought at the June 22 Council meeting. *See Study Session minutes of 7/13/93 for clarification of this item by Councilor Fessler. CITY COUNCIL MEETING MINUTES - June 8, 1993 - PAGE 2 71 Council recessed at 7:25 p.m. l Council reconvened at 7:30 p.m. BUSINESS MEETING 1.3 Non agenda: City Administrator advised that he would have an item on a proposed remodel of the Police Department entrance. In response to an inquiry by Councilor Fessler, Staff advised that a review of potential Code changes and comprehensive Plan changes would be submitted by Staff at a later date on school issues such as new development and increased enrollments. 2. DECLARE JUNE 25, 26, AND 27 AS CLASS OF 1943 TIGARD UNION HIGH SCHOOL DAYS Council President Schwartz read the declaration for the record. Vlasta Barber, member of the Class of 143, spent a few minutes outlining the events of the upcoming reunion and expressed appreciation for the acknowledgement from the City. 3. VISITOR'S AGENDA • Jack Polans, 16000 SW Queen Victoria, King City, noted that he was writing an article concerning the wetlands near Fowler Middle School. He has been visiting with Middle School staff. Mr. Polans also presented questions concerning the joint water agency. The joint water agency has yet to be formed; therefore, there would be no meeting minutes or record generated by that "agency." With regard to questions from Mr. Polans with reference to minutes of a King City meeting, Council President Schwartz suggested to Mr. Polans that he check with the King City offices to reviev7 the meeting tapes of that particular meeting. • Michael Brewin, 9955 SW Kable Street, Tigard, Oregon 97224 noted his concerns with the method of selection for the board members of the soon-to-be-formed joint water agency. Mr. Brewin expressed concern that in the interest of openness to the citizens of this community, the process was flawed. He noted concerns with the notification process for the meeting at which this issue was discussed. Councilor Schwartz reviewed the process, noting that this has been discussed and is part of the agreement being formed between the Water District and participating cities. After discussion, Councilor Fessler invited Mr. Brewin to stay to hear of the City's plans to change and improve the citizen involvement process (CIT program.) CITY COUNCIL MEETING MINUTES - June 8, 1993 - PAGE 3 17 • Kathy Claire distributed a flyer for the Tualatin River Discovery Day (June 26, 1993). About 300 participants are expected for this event which will also include an environmental fair. There is a river trip "through alder- and ash-covered riverbanks and provides a chance to see wildlife such as herons, kingfishers, hawks, and possibly beaver. 10 The sponsors are striving to bring awareness to the value of the Tualatin as an excellent resource and attraction for the area. Council members s expressed words of support and encouraged Ms. Claire to utilize the Cityscape as a tool for advertising the event next year. • Martha Bishop, 10590 SW Cook Lane, Tigard, Oregon 97223, on behalf of NPO 3, submitted a request for waiver of an appeal fee. The NPO plans to appeal a Director's letter dated May 27, 1993, because they felt there was a major modification to the Hot'n Now development application. The NPO also requested that the appeal hearing be heard before the City Council rather than the Planning Commission. Lengthy discussion followed. City Attorney Ramis noted that the NPO has brought forth several issues which need further research by legal counsel. Some of these issues include whether a letter from the Director is appealable; can the NPO initiate a quasi-judicial appeal on another person's property on its own; and issues relating to the technicalities of the specifics contained in the statement of appeal. City Attorney advised that the NPO has filed a timely document; therefore, "the clock is stopped" insofar as the NPO standing to proceed on this appeal. (Note: The NPOs structure is changing as of July 1, 1993. A new city program with Citizen Involvement Teams (CIT) will be implemented). The attorney will research these issues and respond to the Council on June 22, 1993. • Lynne Kammerman was introduced to the Council by Martha Bishop. Ms. Kammerman advised of her concerns with the developments and the impacts of traffic. She noted the confusion with regard to the process and the interconnectedness of the two developments. She advised that she did not feel that these were just one issue and expressed concern that the Oregon Department of Transportation was not aware that there was a school only a block away at the time they reviewed these developments. June CITY COUNCIL MEETING MINUTES - 8, 1993 - PAGE 4 I 4. CONSENT AGENDA: Councilor Hawley noted a correction to the May 18, 1993 minutes: On Page 5, Paragraph 3, the following wording should be shown: "Councilor Hawwley advised that the portion of the TWD/Lake Oswego contract which stated that water would be provided on reasonable availability was presented to the Council as a water 'guarantee.' Councilor Hawley requested that this be clarified further: Does this contract really represent a guarantee or not?" Motion by Councilor Hunt, seconded by Councilor Fessler, to approve the following Consent Agenda as presented with the correction to the May 18, 1993 minutes as noted by Councilor Hawley. 4.1 Approve Council Minutes: May 3, 11, and 18, 1993 4.2 Receive & File: Council Calendar The motion was approved by unanimous vote of Council present. (Council President Schwartz, and Councilors Fessler, Hawley and Hunt voted "aye.") 8:50 p.m. Council recessed. 9:07 p.m. Council reconvened. 5. COUNCIL DISCUSSION ITEMS: 5.1 Citizen Involvement Team (CIT) Implementation Community Involvement Coordinator Newton reviewed the time line tentatively set for CIT Implementation. The NPOs will have stand_ng through June 30, 1993. LCDC notification will be necessary. Proposed Code changes will be presented to the Planning Commission (public hearing) on July 12, 1993. The Council Hearing is scheduled for July 27, 1993. It is necessary to follow the Land Use Notification process because of the change to the structure for neighborhood participation and comment. Community Involvement Coordinator Newton reviewed with council the draft job description for the Citizen Involvement Facilitators. Council deliberated over the qualities they would look for in a facilitator. CITY COUNCIL MEETING MINUTES - June 8, 1993 - PAGE 5 t Councilor Hunt noted the responsibility in providing written minutes for the CIT meetings. Community Involvement Coordinator Newton advised that three facilitators would receive training (which would include manner and method for record keeping) for each CIT. In addition, a resource team made up of three to four staff members would be available to assist the CITs. With these contacts, CITs would be able to make requests for resources which would be needed for the variety of issues they will encounter. Some of the items, such as attendance records and how they are to be kept, will be reflected in the CIT Agreement. With regard to determining the skills and abilities of facilitators, Councilor Fessler noted she would like to have some indication from the applicants as to whether or not they have the ability to deal with conflict. Another point noted by Councilor Fessler was that facilitators must be willing to share information with everyone. A key to making the CIT system work is to educate the members and to have a full release of information. Impartiality of facilitators will also be a key attribute. Councilor Hawley suggested that the application be structured to encourage comments. Such additional information would be helpful to the Council as they review the applications. Councilor Fessler also noted she would like to know why applicants chose Tigard as a place to live. Also she would be interested in knowing something about current and past community activities that they have been involved in. Community Relations Coordinator Newton noted that some skills could be acquired during the training process. Community Relations Coordinator Newton will incorporate the suggestions by Council and finalize the job description. On July 13, the Council will review the applications from interested candidates. (Note: Item 5.6 was discussed at this time; the summary of this discussion is reported below in Agenda order.) 5.2 Walnut Island Annexation Review Discussion was brief. Decision was made to continue on timeline wherein the next step will be to host small CITY COUNCIL MEETING MINUTES - June 8, 1993 - PAGE 6 group meetings with residents in the Walnut Island area. Signature collection on petitions will begin in ` September. 5.3 Tigard Country Daze Update City Administrator reviewed progress on this community celebration. Council agreed to the $5,000 contribution for this year. Councilor Hunt advised he would be willing to serve on the events Board. Councilor Hawley said she would be willing to work on the event and provide support on an as-needed basis. 5.4 Council Benefits Council reviewed information from City Administrator Reilly. For tax purposes, the City Council shall be viewed as employees of the City. 5.5 Charter Amendment council will review the changes to Charter at an upcoming meeting. Changes are being considered in several areas including the makeup of the Council, how the council is elected and, possibly, how the Mayor is elected. This will be discussed in more detail on June 22. Staff will prepare a report noting potential pros and cons of changes to Council makeup. Staff will also report on the size of Council membership for Washington County cities. 5.6 Water Issues Update Tigard Water District Chair Bob Wyffels apprised Council that the Board just concluded their meeting. The Board voted to indefinitely delay the signing of the Lake Oswego/Tigard Water District agreement. Chair Wyffels announced that a tour of the Bull Run Water Shed was being arranged for June 26. He invited Council to participate. More information will be sent. Chair Wyffels affirmed that the Board adopted their budget which reflected a 10% rate increase rather than the previously announced 20%. The final reading and request for budget adoption is scheduled for June 17. CITY COUNCIL MEETING MINUTES - June 8, 1993 - PAGE 7 { 6. NON-AGENDA ITEMS 6.1 Council consensus was to agree with City Administrator's recommendation that the remodel of the police Department entrance area be done in conjunction with the American's with Disabilities upgrades and the exterior repairs scheduled for the City Hall building. 7. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 10:20 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. 8. ADJOURNMENT: 11 p.m. I U06 Attest: / therlne Wheatley, City RecL6 der Mayor City of Tigar -711,31q3 Date -711,31q3 can\recorder\ccm\ccm06O8.93 4 CITY COUNCIL MEETING MINUTES - June 8, 1993 - PAGE 8 J~k 7A~ COMMUNITY NEWSPAPERS, INC. Legal P 0. BOX 370 PHCACE (51x1) WOW Notice IT 7584 OWN! OEAvrnT0N. OREGON 97075 REM Legal Notice Adv®rdlaing • City of Tigard • O Twarsheet Wru-• 13125 SW !roll Blvd. Tlicfollowing usoetistghighii~f~a arspt rlislMA S fla.Fei1 • I'ignrd, OH 97123-8199 • O Cupilcate Afl s;codas mxy 0e o;rtatttcd frown tho City ~tce 131,25 5X Hre11 Ecxdovwd, Turd, Omvm 97M. or by csii~o$639.4 i .1 • • CITY COUNCIL BUSINESS M siT iNG JUNE 8. 1993 TIGARD CCI'Y HALL - TOWN HALL 13125 S.W, HALA, BOULEVARD, T IGARD, O)1 EOW AFFIDAVIT OF PUBLICATION Ceurxil Meeting Crown Hall) (6.30P M.) STATE OF OREGON. ) Council Du2tta km T(Vkx COUNTY OF WASiONGTON. )ss' • Cieiz= Involvtme :t Team (CM Ertiploment.:L'm I, ,Zvdith_KwhieC.---------_-------------- a Walnut b1=1 AnnmSon "EPA being fast duly sworn, depose and say th~qt 1 et~~it t~i,p9 ~A~d~v~ertising • Tigard Disz: Uptlata Director. of his principal clerk, of the.,_13$f11:~L11/Ilf:;f---. • W JCat=pda~ m newspaper of general circulation as defined In ORS 193.010 • Chut" AaletetltTtt tts fIr^rt~te+C) snd 193.020, published at- in the a Council Ilmfits al~r esmidcounfy An~sfpte: tha the cCy- -Loc ~ CoxTtratl Review [ittard Meeting _-Cc4.wr.=A 9J~L ne~ e printed copy of which is hereto annexed, was published In the Executive Session: 1U Tigard City Council may go into Executive Ses- entae Issue of said newspaper 10(_-_-01)e_-successive and sion under the provisions of ORS 191660 (1) (d). (c), to discuss consecutive in the following Issues: tabor relations, real property transactions, current and pctsstitt$ li ftwon issara _]ttnel3,_1493---------------------~._- TT7394 - Publisk. June 3, 1993. . ~kljc Subscribed and sworn to before me this 3rd I" _4f_.1tJaE.- 199 r rr?WL SEAL iiCB:N A. BURGESS NOTARY PuLioc - OREGON L 024552 r••' r Oregon Cu CGVVI,uM,WN - SGQN [PINOKS MAY It. 1797 ~J ur My Commission Expires: Notary Public AFFIDAVIT AGENDA ITEM NO. S - VISITOR'S AGENDA X DATE: _`~Iur~e S. '19 (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, 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 C f 7 6 0 I bc'" r`fr~ A'vv - . ~ - / L ~ c1. S . .Jft~ - L<L Leh' •lz~.yu-o-%v n c og n o s ors.s t c~rgrQ3 DIAL-A-RIDE PROGRAM Summary of Facts HISTORY/BACKGROUND... It is well known that King City and many of its surrounding areas are largely retired communities. According to the King City 1992 Census, almost 85% of this population are 65 years of age or older. The average age in King City is 75.6 years of age. A committee was formed which included representatives from various retirement communities. It was decided there was a great need to provide a transportation service which would transport less mobile citizens to do errands, shopping and leisure trips. DIAL-A-RIDE PROGRAM-With all of these factors in mind, the City of King City in cooperation with Volunteer Transportation, Inc., and the American Red Cross have implemented a Dial-A-Ride Program. The program provides riders, who schedule rides 24-hours in advance, with door-to-door transportation service. The van is wheel chair equipped and operates on Tuesdays and Thursdays, until ridership demands expansion. SERVICE AREAS and ROUTES ...The Dial-A-Ride Program serves all of King City and the retirement communities surrounding it such as El Dorado, Highlands, Summerfield and Royal Mobile Villa. Service is provided to the King City Plaza, Tigard Towne Square on Tuesdays. The Tuesday route has a trip in the morning and one in the afternoon. On Thursdays, there is one two-hour trip to y Washington Square. t FUNDING ...The Dial-A-Ride Program has been given $10,000 by the city of King City as start-up funds and will operate on sponsorships and donations from here after. Volunteers drive the van and riders donate a suggested fare of $1. Grants and other funds are being sought to keep the program in operation. VOLUNTEERS.-Are provided with specialized training, auto insurance while driving the routes and a special sense of accomplishment that comes with providing a much needed service. Volunteers are always needed to drive the van or assist with loading and unloading passengers. Once trained, a volunteer need only commit to four hours a month. To volunteer, contact Cathy Brockamp at 639-4082. VOLUNTEER TRAINING... Volunteers are provided with comprehensive training sessions. These include: a Defensive Driving - Volunteer Drivers fifty-five years or older who complete this class may be eligible to receive a discount on their personal auto insurance. a Mobility Assistance & Awareness - All Volunteers are trained to assist passengers to load and unload from the van safely and easily. a Vehicle Orientation - A trained instructor teaches volunteers the operation of the van. SCHEDULING RIDES ...Anyone interested in scheduling a ride should phone 280- 1445. 24-hours in advance - Remember to indicate if you are shoppine in the morning or afternoon if scheduling a Tuesday ride. For More Information contact: Cathy Brockamp or John Buol at G39-4082. ( DIAL-A-RIDE TRANSPORTATION TAT:Z$T::5:::::'. . . . . . . Ig PIZ AR I.....A ..,.,IL MfiY,.....,.,......,.•...•.,.ZT1)' Service Days 7 8 6 21 Total Riders 27 31 47 105 Rides Provided 55 64 94 213 Rider Donations 39 34 45 118 8 Other Donations 0 100 0 100 Miles Travelled 166 186 207 559 Mileage Expense 83 93 103 279 Volunteer Hours 119 71 44 234 Duplicated Rides 12 17 27 56 Unduplicated Rides 15 14 20 49 Total riders from within King City: 22 / Total riders from Tigard city limits 15 ,t SERVICE DAYS - The van operates on Tuesdays and Thursdays but occasionally must forego service due to the Shared Vehicle Agreement and activity schedule of Lambert House Adult Day Care Facility. TOTAL RIDERS - Total number of all clients riding in a month. RIDES PROVIDED - A ride consists of a one-way trip or boarding. RIDER DONATIONS - All clients are asked for a voluntary donation of .50 each way. If a rider cannot pay they are not turned away. OTHER DONATIONS - All non-rider donations to the Dial-A-Ride Program. MILES TRAVELLED - Number of miles travelled within one month, this includes fueling and servicing the van. MILEAGE EXPENSE - King City is charged .50/mile to cover all propane fuel, maintenance, dispatching and insurance expenses. VOLUNTEER HOURS - All volunteer hours needed to operate this service which includes volunteer training and Dial-A-Ride Committee meetings. DUPLICATED RIDE - After a rider has ridden once in a month, all rides thereafter for that rider are considered duplicated. Y i 1. EXISTING SERVICE AND PROGRAM DESCRIPTION r The King City Dial-A-Ride provides transportation services for C leisure and necessary shopping trips to elderly and disabled persons on Tuesdays and Thursdays. The current service area encompasses a five mile radius to include five retirement communities where over 5,000 senior citizens reside. The existing service is provided through a Shared Vehicle Program g facilitated by Volunteer Transportation, Inc., and The American Red Cross. The van is designated to Meridian Park Hospital, Lambert House West and King City. t While Meridian Park Hospital provides medical transportation services three days per week, they focus primarily on patients of s Meridian Park Hospital. Lambert House West, Adult Day Care Facility, also provides transportation services to their clients only. Accordingly, King City's Dial-A-Ride Program allows all eligible residents, of the various retirement areas, to shop or do" errands within a fixed-route area two days per week. Although providing limited services to this population continues to leave a void in many transportation requirements, it is essential that existing services be maintained. Therefore, we are seeking funds to continue operation of the current program. Having a stable program in place, with ridership already established, will assist in meeting ADA requirements and the growing transportation needs of this area, as well as enhance the quality of life for over 5,000 senior citizens. s f: 2. HOURS, DAYS AND AREA OF SERVICE The Dial-A-Ride Program's service area includes Summerfield, Highlands, E1 Dorado, Royal Mobile Villa and King City retirement communities. The van operates on Tuesdays and Thursdays and transport riders from door-to-door. The Tuesday service takes riders to the King City Plaza and/or Tigard Towne Square. This schedule has a morning and an afternoon run. With the morning service, riders are picked-up around 9:00 a.m. and returned home around 11:30 a.m. With the afternoon service, riders are picked-up around 1:00 p.m. and returned home around 3:30 p.m. Unless otherwise scheduled, most riders have approximately 45 minutes at their destination. The Thursday service takes riders to Washington Square for leisure shopping. Riders are picked-up around 10:00 a.m. and returned home around 2:00 p.m. There is one two-hour shopping trip each Thursday- Rides are scheduled at least 24-hours in advance through the American Red Cross at 280-1445. Volunteer Drivers are trained on the use of the wheel chair lift and have successfully completed a drivers test while driving the van. The volunteer driver is provided with an escort to assist riders to and from their destinations. t S. LONG AND SHORT TERM GOALS The overall goal and objective of this Dial-A-Ride Program is to enhance the quality of life, support the independence and allow mobility to local elderly and disabled citizens who have no other means of transportation. The first priority is to secure funding to insure the ability to provide a reliable transportation service. Thereby, building a base of clientele who can depend on this service. The second priority will be to implement a business plan. Ideally, this plan allows for unlimited potential in creating an independent transportation program which involves and benefits the entire community. A) Business and Service Club Sponsorship Program - The main component of this sponsorship plan will be to seek endorsements from local businesses or service clubs to "sponsor a day of the week". Through the use of magnetic strip signs placed on the outside of the van, organizations may advertise for the week. To further benefit Dial-A-Ride, the groups could use their weekly sales fliers or news bulletins to announce the endorsement and encourage their less mobile shoppers to ride Dial-A-Ride to complete their weekly shopping. B) volunteer Corps Expansion - The second portion of the program's plan is to develop an expanded corps of volunteers who will drive their own cars to transport citizens to medical, dental and eye appointments. Once the volunteers are trained properly, this will be done on a mileage reimbursement basis. Meeting these goals and implementing new components to the existing program will require time and planning to build community awareness, public support and recruit/train volunteers. Ultimately, the long term goal of King City Dial-A-Ride is to provide transportation services five days a week to meet the variety of transportation demands of this area. 1 i _ j i F 4. COORDINATION The cooperative operation of this program is very efficient and effective. Through an agreement which exists between Volunteer Transportation, Inc., (VTI) King City and The American Red Cross ! (ARC) all aspects of this program are addressed. ARC handles ride dispatching, and van maintenance while VTI provides volunteer training and vehicle insurance. Meridian Park Hospital provides a j daily maintenance routine and a wheel chair for boarding frail passengers. King City has provided $10,000 in start-up funds and uses these finances to reimburses VTI at $.50 per mile for operating costs. King City has also committed $5,000 for fiscal year 1993-94 to continue to employ a part-time transportation coordinator who } handles all volunteer coordination. F 5. JUSTIFICATION Tri-Met offers limited fixed-route services to this area and many residents are removed from bus stop locations. Since very feta other transportation resources exist, maintaining the current level of service supports local transportation planning goals in two ways: 1) By aiding in meeting the ADA requirements and 21) alleviating the burden that other agencies face in attempting to accommodate ride requests or deliver meals to this area. i According to the 1992 Census, the average age in King City is over 76 years old and the majority of these households are widowed females who can no longer operate motor vehicles. Keeping this in mind, it is anticipated that the need for transportation services will continue to grow over the next decade. 6. SUCCESS HEASURE14ENT Successes are measured through number of rides provided. A ride consists of a one-way trip. Through King City's tracking procedure, it is determined if the rider is a new rider (unduplicated) or an established rider each week (duplicated). Each unduplicated ride provided by this program is tracked and indicates an improvement in the quality of life for immobile residents. These statistics are reported to ARC and included in the final report to Tri-Met and the State of Oregon each month. r { -,a i (m Y xisted at the time they were installed, not be- cause of modifications to the Municipal Code. Councilor Greene informed the council that he has \ received a complaint from the citizens who reside near the golf course. The citizens have informed the councilor that the maintenance personnel for J (s~~-~C the golf course have been running the lawn mowers as early as 5:00 a.m. This has been disturbing u~S many people. city Attorney Monahan will check into the enforcement of t is issue. , Mayor Jenkins gave an interpretation of the pro- posed ordinance. The proposed ordinance states ;i ..:to be measured at the nearest noise receiving structure." The noise level c.-Innot exceed the 55 decibel levels during the day, or the 45 decibel - levels during the night, at any one of the struc- l Lures surrounding where they are putting any noise it generating equipment/machinery in. Using Mrs. 1 Schmitz' as an example, there were three (3) neigh- bors affected. If you were to go to each struc- ture, wherever people do their living, sleeping, or eating, and measure from that point, if it exceeds the maximum decimal levels, they would have to put in more buffers. Motion by Stilson, second by Anderson TO CHANGE THE WORD IN KING CITY MUNICIPAL CODE SECTION 8.04.130 NOISE, ITEM 8, PROHIBITIVE NOISE, FROM BAFFLES TO BUFFERS, AND THAT THE COUNCIL MAKE THE CHANGES AS DIRECTED BY THE PLANNING COMMISSION. i ROLL CALL: Ayes: Anderson, Chamberlain, Garrett, McCaige, and Stilson. Noes: Jenkins Abstained: Greene (Needed more info) The Motion carried. 1 . 3 - { -j-~1 0 NTATIVE 11T- 9TER AGENCY: ~5 Q U ` City Manager Buol explained the current status of ` the Joint Water Agency. As the council is aware, King City, along with the other two (2) cities, vtw) Tigard and Durham, have withdrawn from the Tigard j C Water District. The cities are working on an i intergovernmental agreement which will be provided nutes Page 7 i i . I 1, 7 s~ r~vr ACS -S ~'[west ~ 4kv~ ,3 to the council shortly. The city managers are recommending that each city select their represent- atives for the board, enabling the cities to bring the body together as soon as the draft agreement is ready to be discussed. Staff is recommending that J)~\ the city appoint a representative at this time to enable the work to begin after July 1, 1993. The term of the representation will be two (2) years. 'The Joint Water Agency normally meets in the eve- nings, on the second Tuesday of each month, at 7:00 p.m. They do hold w~resss, or special items around 6:00 p.m. The Cif-y-_ of Tigard has- _already selected their four representatives. Nomination by McCaige, second by Stilson TO ELECT MAYOR JENKINS AS THE REPRESEIgATIVE TO THE JOINT WATER AGENCY. Mayor Jenkins accepted the nomination, on the condition that one of her other assignments be \ shifted to one of the other councilors. A) ROLL CALL: Ayes: Anderson, Chamberlain, Garrett, Greene, McCaige, Stilson, and Jenkins. i Noes: None i The Motion carried. l 8.0 - :RS 1.) This evening the City will conduct the second of the series of meetings regarding the proposed Storm Drainage Master Plan, in the Council Chambers from 7:00 p.m. to 9:00 p.m. 2.) FOCUS will meet tomorrow evening at 5:30 p.m. at West Linn. The Mayor and City Manager will be attending. 3.) On Friday, 11:30 a.m., is the Eastern Washing- ton County Meeting. That is the meting where Commissioner Roy Rogers brings all the cities from the eastern part of the county together, along with special districts. The Mayor and City Manager will be attending. 4.) Regarding the agreement discussed last night at a Tigard City Council meeting. The Tigard Water District has been negotiating an agreement with Kinutes Page 8 po ~x CC`PSS ~(9v1~ 0 JCGIC~iG~ ~!-2P~~ 6~ &7 fi t~QfD %~j U-Y- tG i ~f FAze4 /~T 4o C(vfT lo jt T(Lf CT- B j 7('o- 7`, o A,~il( r r /mil S a T4 GUM C Sys IY- I~wTc C(l C~ec , t7,:/ - ~J1 y~ y~ 0 HOCN/v re , RECEIVED 1 / JUN - 81993 (o1~s1C13 June 8, 1993 s COMMUNITY DEVELOPMENT Dear City of Tigard Mayor, City Council and City Staff: 5 NPO 3 has asked me to represent them in the appeal of the Community Development Director's letter of interpretation of May 27, 1993. The NPO 3 knows the code requires the City to require a major modification on the Hot N N ow property 1 as the result of conditioning the Taco Bell access onto the Hot N Now property. S , We therefore ask that you waive the appeal fee on this request as permitted by i i CDC 18.32.345. a We also are asking that you naive the fee for the major modification application i that NPO 3 has authorized to comprehensively address the access issues as they `j relate to Park Street, Pacific Hwy., and the Pietro's/Public Storage access ? easement as permitted by CDC 18,32.345 and 18.32t,020A.4. r Thank you for your attention M@;r-%a Bishop NPO 3 Sub- Committee Chairman L ONE i June 8' 1993 Appendix: ± I 1. Appeal Form f 2. Verification of pre-application meeting ~ 3. Code Section I 4. NPO 3 minutes attached i 1 1 June 8-, 1993 Verification of pre-application conference on June t 1993 with Cathy Whegt City Clerk, See.attached: Pre-application meeting for h'e sole purpose of sum .y tting an application for a development application next week June 14. I'm signing for a pre-application so I can show I've initiated an application. Receipt of the appointment card is attached. WON LAND USE DECISION APPEAL FILING FORM The City of Tigard supports the citizen's right 'to participate in local government. Tigard's Land Use Cade therefore scats out specific requirements for filing appeals on certain land use docisions. CITY OF TIGARD The following form has been developed to assist you in filing an appeal of a .land use decision in proper furm. To determine what filing fees will be roquired or, to answer any questions you have regarding the appeal process, please contact the Planning Division or, the City Recorder- at 639-4171. T 1. APPLICATION BEING APPEALED: ;uGe-1 10. '7 - A 197 r 2. HOW DO YO V QUALIFY AS J) PARTY. 47 3. SPECIFIC GROUNDS FOR APPEAL. OR REVIEW poll Ir 'K /J r _00 S 4. SCHEDULED DATE DECISION IS TO BE FINAL: 5. DATE NOTICE OF FINAL DECISION WAS GIVEN: 001, _,41 6. SI NATURE (S) : GG- ~EXX~f-X-*XM-M*-x-XiEX-X-**-X-XX-X-XXXXXXXHXXXX-XXXXX-XXX3FXXXY.XXXXXXXX-XX-X-XX X-kxx-XXXxxxx-xxx-**XY,** FOR OFFICE USE ONLY: Received By: Date: i_~ Time: (t r.~ Approved As To Form By: Cate: Time: Denied As To Form By: Date: _Time: Receipt No. Amount: _ XXX-XWX-**X-X-XX-XXXXXX-X-XXXXX)(XXXXXXXXXXXXXXXXXXxxxxXxxxxxxxxxxx-xXXxX-XXXXXXXXXXXXXX** 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 Code Section: Revised 2-27-89 -Page 73 y 18.32. 45 Fee Waiver Allowed for Nalghborhood Plannine, Organizations A. Fees for land use applications and applications for appeal or review of a land j s use decision shall be waived for applications filed by a neighborhood planning 1 organization (NPO) if all of the following conditions are met: 1. The appeal or land use application must have been supported by a majority vote of NPO members at a public meeting where a quorum of NPO members was present; 2. A copy of the minutes of the NPO meeting where the appeal or land use application was initiated must be submitted with the appeal or land use application; +:3 3. The appeal or application will be considered valid when conditions (1) and (2) of this section are met and all other filing requirements are met; and 4. The NPO chairperson or designated representative shall appear at the next i available City Council meeting after the application or appeal is filed. The :i NPO shall work through the Planning Division to schedule the item on a Council C i agenda. Should the Council deny the NPO request for a fee waiver, the NPO shall submit the required fee within three working days of the denial. The fee shall be filed by three p.m. on the third day. (Ord. 89-06; Ord. 85-45 f. NPO #3 MINUTES June 2, 1993 1. Joint meeting with NPO #7 called to order at 7:08 p.m. 2. Liz Newton presented the proposed new land use notification process. Discussion, questions and answers followed. 3. Liz presented the CIT boundaries which will take effect on July 1, 1993. Considerable discussion was held and several suggestions were made regarding minor boundary changes and structure which Liz will take back to staff. 4. We were assured that any land use actions presently active will be continued under the NPO format. CIT's should start meetings in the fall, NPO's will cease as of June 30. 5. Joint meeting adjourned and NPO #3 was called to order at 8:07 p.m. 6. Present-Porter, Bishop, Froude, Garner and Hansen. Excused- Mortensen and Helm. 7. Minutes of May 5, 1993 approved. i 8. Status report of Ames Orchard II. Revised plan has been submitted showing one entrance to the subdivision at 121 Ave. and Gaarde St. MOTION: It was moved and seconded to approve the new plan as presented. Four yes votes, one abstention. 9. Hot'n Now update. Continued discussion of the neighborhood concerns were followed by the four MOTIONS listed below. a. It was moved and seconded to appeal the Community Development Directors interpretation of a major modification. See attached letter from Ed Murphy. b. It was moved and seconded to comprehensively deal with the access issues involving Public Storage, Taco Bell, Pietro's and Hot'n Now. C. It was moved and seconded to form and subcommittee of NPO #3 to pursue a major modification development application (CDC 18.32.020 A. 4.1.) and request a waiver of fees. d. It was moved and seconded to appoint Martha Bishop as chairwoman of the subcommittee and to authorize her to appoint members from the neighborhood and NPO #3. All four motions passed unanimously. 10. Meeting adjourned at 9:05 p.m. Re,pect lly submitted, ti Lila Garner May 27, 1993 n CITE' OF TIGARD OREGON Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Dear Mrs. Bishop: Thank you for your recent letter. I appreciate your concern over the safety and livability of your neighborhood, as well as your concern that the staff' may be making discretionary decisions where the Development Code gives staff no such discretion. In the case of Hot'n Now and Taco Bell, the essence of your letter seems to be that the staff approved a change in the proposed site plan which added a driveway connection between Taco Bell and Hot'n Now without determining that it was a "major modification". A "major modification" determination would have required a new site development review application and a new public notice of the decision with an opportunity for an appeal. Although that would have been the situation had Hot'n Now's site plan already been approved or developed, it is not the situation in this case. Hot'n Now's plan had not yet been finally approved at the time of the modifications. Therefore, the requirements of the Community Development Code on major modifications (18.120.070.B) do not apply. To review the background in more detail: Hot'n Now originally submitted plans showing the restaurant site could only be accessed from a single driveway from SW Park Street. Those plans were provided to the NPO, neighbors, and other reviewing agencies for review. The Planning Division approved the Hot'n Now plans on November 11, 1992. NPO #3 filed an appeal to the Planning Commission of that decision on November 20, 1992. Subsequently, Taco Bell, the parent company for Hot'n Now, submitted a Site Development Review application for another restaurant on an adjacent site. That application was submitted on December 2, 1992. The Taco Bell site plan included a driveway connection to the Hot'n Now site. A small scale site plan was submitted showing both sites together. From that point on, staff' was very clear in our discussions with the NPO and neighbors that the Hot'n Now proposed development was being considered with alternative access plans - the first plan with access to Park Street only, and the second plan with a possible driveway connection to SW Pacific Highway through the proposed Taco Bell development contingent upon the approval of the Taco Bell proposal. That is also how the Hot'n Now development plan was presented to the Planning Commission by staff and the applicant's representative at the appeal hearing on January 4, 1993. The tape recording of that hearing and the overhead transparencies used by staff clearly indicate that both plans were clearly presented to the Planning Commission at the hearing. ?5 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Martha Bishop Page 2 May 27, 1993 Community Development Code Section 18.120.070 concerns major modifications to approved development plans or existing development. This Section would require submittal of a new Site Development Review application if a change was being made to an approved plan for the proposed Hot'n Now, and if those changes met certain standards of Section 18.120.070.B which deal with the magnitude of the change. Staff found that the submittal of an alternative design for the Hot'n Now site was proper since there was no approved Site Development Plan at the time of the submittal and therefore Code Section 18.120.070 was not applicable. The Planning Division's approval of the original Hoen Now site plan was under appeal at the time of submittal of the modifications and therefore there was no valid approved development plan at that time. Opponents of the proposed development were clearly aware of the alternative access plan through the Taco Bell site prior to the Planning Commission hearing on the Hot'n Now appeal. Upon your raising this issue relative to the changes in the site plan to the Planning Commission at the Commission's March 22, 1993 hearing, the Commissioners responded that they were fully aware of the proposed Hot'n Now connection through the Taco Bell site when the Commission heard the appeal on the Hot'n Now development plan. I have determined that the changes to the originally submitted site plan for the proposed Hot'n Now development were properly submitted as a modification to an unapproved site plan that was still under review. As such, the submittal does not fall under the scope of Code Section 18.120.070 which relates to modifications to approved site plans or existing development. I do not believe there has been anything improper about how this matter has been handled. Staff' was not using discretionary judgement or flaunting the codes. Further, I do not believe that any person or group has been deprived of their rights to review and comment on the proposed modification prior to a final decision being issued on this application. I hope this letter adequately clarifies the process and my reasoning based on the Development Code provisions. I believe City staff has acted properly and professionally in this regard. If you have any further questions regarding this issue, please contact me. ly, Sin !urph Ed Community Development Director 1br/Biehopltr CJ ~Pnn THE FOURTH ANNUAL TUALATIN RIVER DISCOVERY DAY fZ~o « Reservations: If you are interested in enjoying half a Saturday paddling on the Tualatin River, call the City of Sherwood at 625-5522 and leave your name and phone number. An event coordinator will return your call with further information. In order to prevent congestion at the launch site, your reservation will include a designated launch time between 9:00 a.m. and noon. This river trip is through alder- and ash- covered riverbanks and provides a chance to see wildlife such as herons, kingfishers, hawks, and possibly beaver. Equipment: You will need to bring your canoe or kayak (no inflatables will be permitted), paddles, a personal flotation device (mandatory), drinking water (no alcohol please), and food (if desired). If you do not have a boat, rentals are available for $40 from Sportscraft Marina. Call Earl McCracken at 656-6484 to reserve a boat. Sportscraft Marina will have your rental boat available at the Rood Bridge launch site and will pick it up at the Harris Bridge (Farmington) take-out. Parking: Parking is available at the Rood Bridge launch site. If the launch site parking fills up, overflow parking will be available nearby. A shuttle bus will return you to your vehicle after you arrive at Harris Bridge. When you return to Harris Bridge to retrieve your boat, gear, and passengers, please respect the patron parking only on the paved lot at the Twin Oaks Tavern near the take-out site (unless of course you choose to be a patron). Environmental Fair: Enjoy your trip on the river. Before you do, however, plan on arriving early at the launch site to learn more about how you can help protect this valuable river resource. An Environmental Fair will be set up at the launch site from 9:00 a.m. to noon. There will be information booths and environmental activities to help answer your questions and inform you about the history, geology, and ecology of the Tualatin River Basin, Washington County's only river. THE TUALATIN RIVERKEEPERS INVITE YOU TO THE FOURTH ANNUAL TUALATIN RIVER DISCOVERY JUNE 26, 1993 Printing courtesy of Portland General Electric COUNCIL AGENDA ITEM NO. .2. TO: THE CLASS OF 1943 - TIGARD UNION HIGH SCHOOL 0114 THE HAPPY OCCASION OF YOUR 56TH CLASS REUNION, JUNE 25, 26, AND 27, THE CITX OF T I'IGARD EXTENDS TO YOU GREETINGS AND BEST WISHES FORA JOYOUS CELEBRATION. INRECOGNITION OF THE CLASS OF 1943 AND ITS 62 GRADUATES, I, MAYOR JERRY EDWARDS, HEREBY DECLARE JUNE 25, 26, AND 27 AS CLASS OF 1943 TIGARD UNION HIGH SCHOOL DAYS AS THE CITY OF TIGARD PAYS TRIBUTE TO THE CLASS OF 943, TEN OF WHOM SERVED IN THE ARMED FORCES DURING WORLD WAR -A WE SINCERELY HOPE YOU HOLD FOND MEMORIES IN YOUR MINDS AND HEARTS OF THE CITY OF TIGARD E 11eras, Mayor A t: AA, C therine Wheatley, City Reeo COUNCIL STATEMENT OF PRIORITIES 1993-94 to 1C1 3 • Continue to Pursue One Water Purveyor for the City of Tigard. • Develop a Long-Term Financial Plan, Including a Capital Improvement Plan Component. • Continue to Implement a Proactive Annexation Strategy Towards the Walnut Island. • Fully Implement Community Involvement Teams (CIT's). • Clarify Board and Committee Roles, Subsequent to the Enactment of CIT's. • Conduct a Transportation Study Focused on Local-System Improvements. • Develop a Program for Prospective Community Leaders Explaining What it Takes to be a City Councilor. • Review Development Code to Increase Protection of Existing Neighborhoods which Abut New Commercial Development. • Assess Status and Complete Inventory of Goal 5 Resources. • Position Tigard as a Planned Economic Activity Center. • Review City Charter and Conduct Charter Amendment Election. • Inventory Pedestrian/Bikeway Needs on a City-wide Basis. h:\login\cathy\93priorities O'DONNELL, RAMS, CREW & CORRIGAN ATTORNEYS AT LAW HALLOW & WRIGHT BUILDING 1727 N.W. Hoyt Street Pordand, Oregon 97209 TELEPHONE: (503) 222-4402 FAX: (503) 243-2944 PLEASE REPLY TO PORTLAND OFFICE M DATE: May 18, 1993 TO: Pat Reilly, City Administrator FROM: Michael C. Robinson, City Attorney's Office RE: Transfer of. Property QUESTIONS: 1. Can the Fire District transfer its building to the City for no consideration or nominal consideration? 2. Can the City then lease this building to another entity? If the City indeed leases this building to another entity, do they f have to follow the Public Bidding Rules? 3. If the City contracts with an entity to operate the building as a community center for the City, does the City have to follow the Public Bidding Rules? ANSWERS: 1. Yes, the Fire District can transfer its building to the City, for no consideration or nominal consideration. 2. Yes, the City can lease the building given to them by the Fire District to another entity. No, the City would not have to follow the Public Bidding Rules, in order to enter into a lease agreement. 3. No, the City would not have to follow the Public Bidding Rules if they were contracting with an entity to provide personal services. DISCUSSION: 1. The Fire District can transfer its building to the City as long as the building continues to be used for public purposes. This is pursuant to ORS 271.330 which states that: t Memo re: Transfer of Property May 14, 1993 Page 2 "Any political subdivision is granted express power to relinquish the title to any of its property not needed for public use to any governmental body, providing such property shall be used and continue to be used, for a public purpose by the governmental body in the State of Oregon." In Opinion No. 7555, the Attorney General discusses the intent of ORS 271.330: "This statute clearly authorizes transfers of property by the state or a political subdivision thereof to either the federal government or to any other governmental body or political subdivision of the state. In several previous opinions we have stated that this statute allow transfers between public bodies for nominal or no consideration." (38 Or AG 1626, 1627). In this opinion the Attorney General also explains some of the conditions in order to comply with ORS 271.330(1) that the transfer of property must meet. "First, the property transferred must not be needed for public use by the transferring body. Second, the transferred property must be used and continue to be used for a public purpose by the transferee. Third, the transfer must be between public bodies." (38 Or AG 1626, 1628). Our opinion is that these three factors appear to be met in this case. 2. The City can lease this building pursuant to ORS 271.310(1) which states: "...whenever any political subdivision possesses or controls real property not needed for public use, or whenever the public interest may be furthered, a political subdivision may sell, exchange, convey or lease for any period not exceeding 99 years all or any part of their interest in the property to a governmental body or private individual or corporation." (Emphasis added). Because this would be a lease of real property, the City is exempt from following the Public Bidding Rules. Section 10.010 of the t ( Memo re: Transfer of Property May 14, 1993 Page 3 Tigard Purchasing Manual states that, "All public contracts shall be based upon competitive bidding..." ORS 279.011(5) defines "Public Contract" as: "...any purchase, lease or sale by a public agency of personal property, public improvements or services other than agreements which are for personal service." This definition does not include real property and therefore the City would not have to comply with the Public Bidding Rules. However, if upon receipt of the building from the Fire District the City decides to make improvements on it in order for it to be used as a community center a public contract would have to be established due to the public improvements made on the building. 3. The City does not have to follow the Public Bidding Rules to award a contract for operation of a community center. Section 10.010(b) of the Tigard Purchasing Manual exempts from competitive bidding all, "Contracts which are exclusively for personal services as defined in Section 70.000." i i ach\dgard\mcr\bidS=n...jem CC: Timothy V. Ramis 1 council Agenda Item MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and city council FROM: Patrick J. Reilly, City Administrato DATE: May 3, 1993 SUBJECT: COUNCIL CALENDAR, June - August 193 Official Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. June 193 * S Tue Council Meeting (6:30 p.m.) Study Session Business Meeting * 15 Tue Council Study Meeting (Cancelled) * 22 Tue Council Meeting (6:30 p.m.) Study Session Business Meeting July 193 5 Mon Independence Day Holiday (City Hall Closed) * 13 Tue Council Meeting (6:30 p.m.) Study Session Business Meeting * 20 Tue Council Study Meeting (6:30 p.m.) Tentative * 27 Tue Council Meeting (6:30 p.m.) Study Session Business Meeting AucWst 193 * 10 Tue Council Meeting (6:30 p.m.) Study Session Business Meeting * 17 Tue Council Study Meeting (6:30 p.m.) Tentative * 24 Tue Council Meeting (6:30 p.m.) Study Session Business Meeting h:\login\cathy\cccal Job Description: Citizen Involvement Facilitator This position is responsible, as a citizen facilitator, for one of the City of Tigard Citizen Involvement Teams (CIT). Develops and maintains community relations with members of the CIT, City staff, and other community agencies. Provides information to CIT members regarding community resources. Coordinates meeting facilitation with two other Facilitators and an Alternate. Duties and Responsibilities: 1. Facilitates meetings including setting the agenda, establishing time limits for agenda items, and ensures that the agenda is followed. Serves as the meeting chairperson, greets and calls on meeting participants, and encourages meeting-participation. 2. Plans and schedules CIT meetings. Sets agendas in conjunction with CIT and City input. 3. Plans and schedules speakers for the meetings. Contacts City or appropriate agency to make arrangements. Introduces speakers at the meetings. Composes and sends follow-up thank you letters. 4. Advocates CIT program in the community and carries out the agreement between the CIT and City. Acts as liaison between the CIT, Community Involvement Coordinator, and the City's Resource Team members. 5. Attends meetings with other facilitators and elected officials to discuss CIT program. Reports CIT activity and suggests improvements and/or changes. ` 6. Responsible for providing written minutes of CIT meetings if not serving as lead facilitator. Qualifications: Must be a resident (renter or property owner) in the CIT area. Training: Must complete city sponsored CIT training within three months of appointment or election as a CIT Facilitator. Skills and Abilities: Ability to communicate verbally and in writing with a wide variety of citizens, City staff, elected officials, and other agency staff. Skill to facilitate meetings and handle conflicts is beneficial but can be learned from the training. Desired Qualifications: Enthusiastic and committed citizens to get involved in community planning and problem solving. J-Af 7 . IC INVOLVEMENT TEAM FACILITATOR APPLICATION i Name: Date: Address (Res.): Res. Phone: Address (Bus.): Bus. Phone: Length of Residence in CIT Area: Why are you interested in becoming a CIT Facilitator? I revious Community Activity: Organizations and Offices: Any other pertinent information you want to share? Occupational Background: h:\login\liz\dt(=.aPP CITIZEN INVOLVEMENT TEAM FACILITATOR i CANDIDATE PROFILE i INTERESTED IN PURSUING A BROAD RANGE OF ISSUES, NOT FOCUSED ON r RESOLUTION OF ONE ISSUE. RECOGNIZE THE IMPORTANCE OF DIFFERENT OPINIONS. ABILITY TO BE ARTICULATE. S ABILITY TO COMMUNICATE WITH ALL TYPES OF PEOPLE. GOOD LISTENING SKILLS. LEADERSHIP QUALITIES. SELF ASSURED, CONFIDENT. i i 1 4. i COUNCIL AGENDA ITEM NO. 5 3 3 MEMORANDUM ' CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council a FROM. Patrick J. Reilly, City Administrator DATE: June 1, 1993 SUBJECT: Country Daze Festival - August 20-22, 1993 Attached please find a memorandum outlining the various roles and responsibilities for Tigard Country Daze, Inc. I believe the memorandum is consistent with Council discussion on the subject. I will proceed as outlined, unless Council directs otherwise. PJR/jh attachment h:\1ogin\jo\Pjr0601.1 ' 3a TIGARD COUNTRY DAZE INC. 12420 SW MAIN STREET TIGARD, OREGON 97223 (503) 639-1656 MEMORANDUM j i DATE: April 30, 1993 TO: Tigard City Council Tigard Area Chamber Board of Directors FROM: Tigard Country Daze Board of Directors RE: Country Daze Festival Friday-Sunday, August 20-22, 1993 The purpose of this memorandum is to outline the concept of participation by the City of Tigard and the Tigard Chamber of Commerce as co-sponsors of an annual summer festival event for the City of Tigard. CITY ROLE. RESPONSIBILITIES AND PARTICIPATION 1. Invite a council member to be a member of the festival board. 2. Designate staff to Activities Committee. 3. Arrange police security assistance during the 3 days of the festival. 4. Designate traffic control during the festival and particularly Saturday during the parade. 5. Assistance in any permits or approvals normally required of the City for an event of this type. 6. Assistance to provide water for the Playland Carnival show needs. 7. $5,000 for permanent investment in the promotion and planning of the event. 8. Publicity support through normal city publication and publicity channels to promote the festival dates. 9. Provide portable restrooms. { 10. Schedule trash removal. -1- } } CHAMBER ROLE 1. No less than 3 Chamber board members as members of the festival board. 2. Chamber staff as a member of the festival Activities Committee. 3. The festival "office" to operate out of the Chamber office including handling phone inquiries, mailings, and overall coordination headquarters for the festival planning and staging. 4. $1,000 investment in the festival planning and operation. 5. 6. 7. It is anticipated that any formal action needed by the City Council and/or the Chamber board will occur at the next earliest meeting of each body so that logistic steps of the planning stage may commence without delay. If you have questions or need amplification on the topics covered in this memorandum please contact the festival boards acting co-chairman Pam Benson, 639-1163 or Stan Baumhofer 245-5220. See pages 3-6 for event details and times. -2- PROPOSAL i ANNUAL TIGARD COUNTRY DAZE FESTIVAL CITY TIGARD AND TIGARD AREA CHAMBER OF COMMERCE FRIDAY - SUNDAY, AUGUST 20 - 22, 1993 A. MISSION-PURPOSE The purpose of this annual festival is to bring the City of Tigard together as a community, participating in a festive event in which all levels of Tigard citizens can enjoy; at the same time bringing a heightened business focus on the City of Tigard. The mission will be to solidify City Council and staff as participating partners with Chamber members, as well as involving a high level of volunteer citizen participation. B. SPONSORS The co-sponsors of this event would be the City of Tigard and the Tigard Area Chamber of Commerce. This "sponsorship" does not entail legal liability for expenditures or retention of profits by either the City or the Chamber. Rather, sponsorship is intended to be used in a publicity sense showing whole-hearted community support and complementary effort by the City and the Chamber. C. LEGAL SPONSORING ENTITY A non-profit organization will be formed under the name of Tigard Country Daze Festival, Inc. The Board would be made up of representation from the following organizations: 1. City of Tigard Council. 2. Chamber of Commerce Board Members-no less than 3. 3. Chamber Staff - Emily Bohart as Secretary. 4. Interested Citizens - no more than 2. 5. Interested Business Owners - no more than 2. r -3- D. ACTIVITIES COMMITTEE A committee of the Chairman of each major activity in the Festival. For example: 1. Publicity Chairman 2. Entertainment Chairman Tom Sullivan Friday - Teen Dance Susan Kasson Saturday - Western Band/Dance Tom Sullivan 3. The Tigard High School Barbara Prc-,tor 4. Parade Chairman Margie Kessler, 12425 SW Alberta St., Tigard Dick Clark, 227-2681 5. Service Club Chairman Linda Eaton 6. Child's Activities " 7. Food Booth Chairman 8. Craft Booth Chairman 9. Run Chairman B a r b B 1 u m Susan Stark-Hayden 10. Talent Show Chairman Matthew Ryan Mary Dalton 11. The Steel Header Organization l -4- pip= • 4 'i E. EVENT LOCATION & TIMES TIME LOCATION 1. Carnival Payless Parking Mall ' i 2. Food and Craft Booths Sat. 9 am-10 pm U.S. National Bank; j Sun. 9 am-10 pm Speedy Print and Insurance Associates 4 office pARK1ni6. 149L-A. 3: Parade Sat. 10 am - 12 noon Start: Food Connection parking area, Disband: Scoffins ' & Hall Blvd. 4. Hot Air Balloon Ride Sat. 10 am - 5 pm Suba Diving Parking Sun. 11 am - 5 pm 5. The Salmon Feed Fri. 5 pm - 7 pm Fire S t a t i o n, Camun i ty Center Room R S C 6. The Teen Dance 7 pm - 10 pm Scoffins & Main Street 7. Talent Show Sat. 2 pm - 5 pm Scoffins & Main Street 8. Chili Cook Off Sat. 11 am - 3 pm Main Street 9. Country Western Dance Sat. 7 pm - 10 pm Scoffins & Main Street 10. Beer Garden Sat. noon - 10 pm Speedy Printing/Ins. Sun. noon - 10 pm Associates pi RksAot--- 11. Children Events Sat. noon - 5 pm Scoffins & Main Street 12. Antique Auto Show Sat. noon - 5pm West Side Main Street 13. Sunday Run & Walk 8 am - 10 am Commercial Street Fire Station s :F -5- Y F. PARKING Designated parking areas will include: a. Commercial Street h. b. Burnham Street i. C. Tigard Street J. d. Main Street k. e. Post Office 1. f. 9- It is anticipated that Main street will not be closed except for the parade time and that normal Tri-Met and Greyhound bus schedule routes will not be interrupted. G. BUDGET a. Operating expenses b. Publicity opportunities c. Financing C Rev 4/30/93 Daze.RAG -6- Council Agenda Item No. S„.q MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Patrick J. Reilly, City Administrator DATE: May 18, 1993 SUBJECT: Council Benefits I have reviewed the Council benefit package, especially our practices regarding medical/dental insurance for councilors. Attached please find memoranda pertaining to our research. The following are my conclusions: 1. Councilors should be treated as employees. (Coopers and Lybrand letter, March 18) 2. As employees, councilors are eligible for medical/dental coverage just as other employees are, with the same privilege and restrictions. (Sedgwick James letter, December 22, to the administrators of our medical/dental insurance pool) 3. Fringe benefits for councilors are not taxable, since councilors are employees. Also attached is a brief summary of what four other cities provide elected officials. We did not try to explore the reasoning. There remains the option of the Council providing itself with additional compensation or benefits designating itself a "special class," but I did not explore this concept further. Our current fringe-benefit program, for example, differs among our employee groups (TPOA, OPEU, non-represented). prc0518.93 C 011115, 1111111111111111 12 1 I Coopers certified public accountants 2700 First Interstate Tower in principal areas of the world Portland. Oregon 97201 &Ly rand telephone (503) 227-8600 E a March 18, 1993 Mr. Wayne Lowry Finance Director City of Tigard P.O. Box 23397 Tigard, Oregon 97223-8199 Dear Mr. Lowry: You have requested that we explain the federal tax consequences of the City of Tigard providing medical coverage to elected city officials. Based on our discussion below, the provision of medical coverage-to your elected city officials will not result in taxable gross income to these officials and will not be required to be reported on Forms W-2. FACTUAL BACKGROUND We understand that the City of Tigard- has five elected / officials including the mayor which oversee. the city's operations.. l The officials meet at least once a month and more frequently when necessary. They do not work full-time for the city. The officials. recieve a small monthly stipend for their services and are provided medical coverage under the City of Tigard's group medical plan. EMPLOYEE MEDICAL COVERAGE _ Reg. Sec. 1.106-1 states that "the gross income of an employee does not include contributions which his employer makes to an accident or health plan..." Consequently, the medical coverage provided by the City of Tigard will constitute a non-taxable fringe benefit to the elected officials if they are considered employees of the City of Tigard. Section 106 and the regulations promulgated by the IRS do not define what is meant by an "employee". However, for purposes of income tax withholding, Section 3401(c) provides that elected city official are employees and that federal income tax is required to be withheld on payments to them. Although Section 3401(c) does not define employees for purposes of Section 106 it is indicative of an IRS view that elected. officials are employees. :In_Revenue Ruling 57-152,. 195771 C. B. 70, the IRS ruled that for...purposes -of Section 105 (relatea* to employee disability ' payments):that.an elected precinct official that performed fim1- ' time constable duties was an employee. As discussed, City of Tigard elected officials perform only I part-time duties. However, based on the IRS pronouncements in related matter::, it is our opinion that City of Tigard elected officials are employees for purposes of Section 106 and are not required to report provided medical coverage as income. CONCLUSION Monthly payments to City of Tigard elected officials should be reported to them as employees for purposes of the federal income tax on Form W-2. Medical coverage payments made on their behalf, however, are not to be included in their gross income and are not required to be reported on their W-21s. If you have any questions related to this matter, please do not hesitate to give us a call. Very truly yours, l I t i I MINE I Sedgwick James Sedgwick James Consulting Group 111 Southwest Columbia, Portland. Oregon 97201-5897 Telephone 503 248-6400, inside Oregon 1-800-452-0122, outside Oregon 1-800-547-0135 Telex 360128. Facsimile 503 248-6596 December 22, 1992 .•'I~,. -Y'f-WW1 G ~G `•~~1Eck q Peggy Anet Manager EBS Trust 1 ~j PO Box 928 Salem, OR 97308 Re: City of Tigard Dear Peggy: In response to your letter of December 18, 1992 concerning the matter as to whether or not a new City Councilor who is entitled to Medicare and has a Medicare Supplement can refuse coverage under the City's Medical Plan we are able to offer the following information. Paragraph 4 of the City's letter indicates the Councilor has the choice of taking or not taking the City's Benefit Plan. We see this being the case only if the City requires the employee to make a contribution toward the cost of plan. If the City pays 100% of the cost for the class the Councilor is in a choice is not { available and coverage must be provided. The provisions of the Social Security Act require that employees age 65 and older be provided the same benefits under the same terms as those applicable to employees under age 65. The City plan will then be primary and Medicare secondary payor in the determination of benefit payments. If these provisions are violated double damages can be imposed by the Federal Government although the excise tax penalty of 25% applicable to private sector employers does not apply to public employers (Sect. 1862(b) Soc. Sec. Act). If the City requires a contribution the Councilor could then waive coverage under the plan. However, the City is prohibited from offering aX special financial incentive, such as offering to pay the Medicare Supplement Premium, as an enticement to waive coverage. Any incentives of this type must be equally available to employees under age 65 if they are to be legally permissible. - Violation of this provision subjects the City to civil penalty of $5,000 for each violation( Soc. Sec. Act - 1862(b)(3). Enclosed is a page from a reference source dealing with the prohibition of incentives. The City's letter also indicates there is a possibility the Councilor would consider termination of his coverage under Medicare and the Medicare Supplement. We cannot recommend this action be taken as a gap in coverage could arise when he is no longer eligible for the City's plan. In the case of Medicare we do not believe he can drop Part A if he continues to receive Social Security Retirement benefits and we do not have information relating the termination of and reentry under Part B. The Social Security Administration will need to be contacted for further specific information in this regard. December 22, 1992 Page 2 As to the matter of dropping the Medicare Supplement the underwriting insurance carrier will need to be contacted for answers concerning reentry at a future date. We trust this will assist the City in understanding the regulations which apply to situations of this type. We would urge them to seek legal counsel prior to taking any action which might place there in violation of the Social Security Act. Sincerely, S. H. Harrison, Jr. Vice President Sedgwick James Consulting Group cc: Bob Maier PEGGY ANET Eno Employee Benefits Services Trust i I Pit/ A/w, ,eague of Oregon Cities • PO Box 928 • Salem, Oregon 97308 (503) 588-6550 • 1-800-452-0338 7 t MEMORANDUM CITY OF TIGARD, OREGON TO: Patrick J. Reilly, City Administrator FROM: Cathy Wheatley, City Recorder &01 y DATE: May 10, 1993 SUBJECT: Information on City Council Payment Per your request on payments to Councilors, here is some information for the following cities: j Tualatin: Mayor and Councilors receive $20 credit (per month) on utility bill. No medical benefits. Usually, there is an amount budgeted for conferences. i Beaverton: Councilors receive $100 per month payment; an a additional $50 is paid to cover expenses. i They also receive medical benefits. There is i an amount budgeted for conferences such as NLC and the Washington D.C. legislative meeting. Hillsboro: Mayor receives $100 per month; Councilors receive $50 per month. Mayor and Council are also reimbursed for expenses associated with meetings that they attend in an official capacity. No medical benefits. Usually, there is an amount budgeted for conferences. Hillsboro's practice in the past is that they attend local conferences only, such as LOC. They are not represented at national conferences. Lake Oswego: No regular monthly amount is paid. Councilors are paid for expenses associated with meetings that they attend in an official capacity. No medical benefits. Usually, there is an amount budgeted for conferences. cuc0510.93 Council Agenda Item 5.`J MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Patrick J. Reilly, City Administrator DATE: June 2, 1993 SUBJECT: Charter Amendment I will be raising the issue of Charter amendment during the June 8 Council meeting. My intended purpose is to prompt a brief discussion of the issue in order to develop a comprehensive list of items for review at the June 22 Council meeting. Also, I am trying to identify any informational needs the Council may have. There have been several general discussions about possible Charter modifications. The following is my list of provisions discussed: I. Mayor and Council (Section 7): A. Should the Mayor be elected directly (as is) or from the Council? B. Should the current numbers of elected officials be increased to 7? C. Should provisions be modified to allow a Councilor to run for a concurrent term of Mayor without resigning? D. Should the provision prohibiting a person appointed to fill a vacancy from being a candidate for that position be retained? II. Councilors (Section 8) A. Should the council positions, currently designated as 1, 2, 3, and 4, be retained as is? Attached please find a memorandum from Paul Hunt regarding this matter. For your information, the next available election date is September 21, with a filing deadline of August 5. The November 2 election filing deadline is September 2. charter.prc June 1993 To: Pat Reilly i From: Paul Hunt Subject: Tigar City Charter Following is a rough draft of charter changes suggested. I will preface the current text by CURRENT. If there is a suggested change I will preface it with SUGGESTED. CHAPTER III Form of Government Section 6. Where Powers vested. Except as this charter provided otherwise, all powers of the City shall be vested in the council. CURRANT Section 7. Mayor and Council. The elective officers of the city shall be a mayor and four councilors who together shall constitute the City Council. At the general election held in 1990, and every fourth year thereafter, a mayor shall be elected for a term of four years. No councilor shall serve the city as councilor for more than eight consecutive years, nor shall the mayor serve as mayor serve as mayor for more than eight consecutive years. In no case shall any person serve on the City Council for more than twelve consecutive years. These limitations do not apply to the filling of an unexpired term. No person who is serving as mayor or councilor shall become a candidate for any city office for a term which would be concurrent with the term in office then held unless that person first submits a written resignation from the then current office at the time of filing for the other office. A resignation submitted to satisfy this section shall not be withdrawn. A resignation shall be adequate for purposed of this section if it provides for the termination of the signer's service in the office not later than the last day before service would begin in the office for which that person seeks to become a candidate. In the event the office of mayor or councilor becomes vacant before the normal expiration of its term a a special election shall be held at the next available date to fill the office for the unexpired term. Such an election shall be held in accordance with the election laws of the State of Oregon and city ordinances not inconsistent with such election laws. The council shall appoint a person to fill a vacancy until an election can be held. Any person appointed to fill a vacancy shall not be a candidate for election to that position at the vacancy-filling election. 2 SUGGESTED Section 7. Mayor and Council. The elective officers of the city shall be seven councilors who together shall constitute the City Council. The city councilors will elect a mayor and council president from their members at' the first meet of each calendar year.- No councilor shall serve on the council for more than nine consecutive years. Any council member serving: on the, council on- the date this revision become affective may serve consecutively not to exceed 12 years. These limitations-do not apply to the filling of an unexpired term. In the event the office a councilor becomes vacant before the normal expiration of its term the council may appoint a person to fill the.vacancy until the next-election date. In the event the office.of the mayor or council.president becomes vacant the city councilors will elect a new mayor or council president at their next regular meeting or at a special meeting called for this.purpose. CURRENT 8..Councilors. The.four council positions are hereby designated as positions number 1, 2, 3,.and 4. The councilors shall be elected to hold office:for.a.period of four years; provided,.however, the officers holding.office at that time of adoption of this amendment.shall hold their offices for the balance of the terms for which they were elected or:appointed and until their successors are elected and qualified. SUGGESTED_ There will be seven member elected for a term of three years each. Elections will be held annually to fill vacancies. The candidate receiving the most votes will fill any position with more years to run than. other positions. The candidate,receiving the second highest number of votes will fill the next postion. This procedure will continue until.all position are filled. In the year this amendment becomes affective council.member then on ':he council will complete the balance of their unexpired terms and newly elected councilors will serve for the vacant terms. In the 1993 election three candidates would be elected-for three years. In successive. year candidates will be elected to fill existing vacancies. If a candidate is elected to complete an unexpired position their term of office will for that period to complete the unexpired term. ROW MEETING DATE: June 8, 1993 TO: Honorable Chair and Board of Commissioners FROM: Jeri L. Chenelle, Administrative Director SUBJECT: Amending the Water Rates Statement of the subject: The District's revenue is not sufficient to meet the District's expenditures. In both the 1992-93 fiscal year (FY) budget and the 1993-94 FY budget, funds from the unappropriated ending fund balance have been used to balance the budget. A rate increase is needed. Recommendation: Approve Ordinance 2-93, an ordinance amending Ordinance 2-92, which will increase the water rates by 10%. Analysis: The City of Lake Oswego has announced that during the 93-94 FY they will increase their wholesale water rate from $0.50 to $0.57 effective July 1, 1993. This increase computes to a 14% rate increase, which is in addition to the 25% wholesale rate increase that the City of Lake Oswego imposed on the Water District last year. The 14% rate increase results in an additional expenditure of $156,660 to purchase water from Lake Oswego. As a side note, the City of Lake Oswego is increasing water rates to its own in- city customers. As we look at the adopted 93-94 budget we can see that even with a 10% rate increase, a 10% rate increase will generate approximately $291,025 in revenues. However, the revenues are still $321,210 short of the departmental expenditures. When we add the Capital Project Reserve Fund and the Contingency Fund to the revenue shortfall, the total deficiency reaches $926,210. In order to have a zero balance, not having a surplus or deficiency of revenue, the District would have to raise existing water rates a total of 42%. Although this in itself is significant, there is a historical factor to consider. In the 92-93 FY adopted budget $952,000 was moved from the surplus "unappropriated ending fund balance" in order to balance the General Fund budget. As indicated in the recently adopted 93-94 FY budget, $926,210 will be moved from the "unappropriated ending fund balance," in order to balance next year's General Fund budget. If this trend continues one more year, the net result is that there will be no unappropriated ending fund balance to begin the new fiscal year. During the 92-93 fiscal year, Portland's rates increased from $1.535 to $3.23 per 100 - cubic feet, a 110% increase. However, because of the water restrictions during last summer, the Water District did not purchase Bull Run water. This resulted in the water costs from Portland to be reduced to $1.767 per 100 cubic feet for the 93-94 FY. At this time it appears that there will be no water restrictions this summer. If our water purchases from Portland increase during this summer, it can be theorized that our costs to purchase Bull Run water during the 94-95 fiscal year will also increase, unless a new contract can be negotiated. Even though the amount of water purchased from Portland is small, it does add to the depletion of our unappropriated ending fund balance. What The Rate Increase Means To An Average Customer: Water users under this proposal with standard 5/8" x 3/4" water meters will be billed a minimum charge of $7.15 for 400 cubic feet of water and an additional $1.32 per 100 cubic feet over the minimum. The current rate is $6.50 for the first 400 cubic feet of water plus $1.20 per each additional 100 cubic feet over the minimum per month. The result of this new rate increase on our average customer who uses 1100 cubic feet of water a month, is to increase that water bill from $14.90 to $16.39 per month. The net difference or change is $1.49. Since most water bills are sent every other month the actual two month water bill in this example would be $32.78, an increase of $2.98 over the current pricing structure. Fiscal Impact: By increasing the water rates 10% the Water District will increase its revenue approximately $291,026 depending on the total amount of water sold during fiscal year 93-94. If the Water District should take the position to not increase the water rates, so as to cover the wholesale water rate increase from the City of Lake Oswego with carry over funds, the Water District's deficit in revenues would reach $1,221,255, thus rapidly depleting the Water District's reserves. Attached is a worksheet of the "Future Projections of Revenues and Expenditures" showing the rapid depletion of the Water District's reserves. The 93-94 FY budget approved by the Board includes a 10% rate increase. Alternate: Take no action and begin proceedings to amend the 93-94 budget to reflect the loss of revenue. This will result in the Water District continuing to subsidize the wholesale water rate increases from Lake Oswego out of the unappropriated ending fund balance. JC:MM:mm FUTURE PROJECTIONS REVENUES & EXPENDITURES 1992.93 FY 1993-94 FY 1994-95 FY 1995-96 FY 1996-97 FY 1997-98 FY 1998-99 FY BUDGETED BUDGETED ESTIMATE ESTIMATE ESTIMATE ESTIMATE ESTIMATE REVENUES 3,709,000 3,682,700 3,682,700 3,682,700 3,682,700 3,682,700 3,682,700 EXPENDITUES -4,083,600 -4,003,910 -4,164,066 -4,330,629 -4,503,854 -4,684,008 -4,871,369 -374,600 -321,210 -481,366 -647,929 -821,154 -1,001,308 -1,188,669 RESERVES -300,000 -300,000 -300,000 0 0 0 0 CONTINGENCY -277,400 -305,000 -305,000 -305,000 -305,000 -305,000 -305,000 -952,000 -926,210 -1,086,366 -952,929 -1,126,154 -1,306,308 -1,493,669 BEG. FUND BAL. 1,952,000 2,000,000 1,073,790 -12,576 -965,505 -2,091,660 -3,397,968 ENDING FUND SAL 1,000,000 1,073,790 -12,576 -965,505 -2,091,660 -3,397,968 -4,891,637 n$$UMPTIONS: 4% Inflation factor for expenditures. No increase in revenues beyond 1993-94 FY budget. Contingency constant at $305,000. No reserve account for future improvements after 1994-95 FY. Tigard Water District Ordinance No. 2-93 An ordinance amending Ordinance No. 2-92 Appendix II, water rates, of the Rules, Rates, and Regulations for water service in the Tigard Water District. Whereas, the District's revenue is not sufficient to meet the District's expenditures; and Whereas, the Board of Commissioners of the Tigard Water District recommends the rates and charges prescribed herein be adopted in order to help meet the District's revenue requirements. NOW THEREFORE, THE TIGARD WATER DISTRICT ORDAINS AS FOLLOWS: Section 1: Ordinance No. 2-92, Appendix II, shall be amended as follows (language to be deleted is shown in [BRACKETS]; language to be added is UNDERLINED): APPENDIX II-Water Rates Monthly Minimum* Out of District Meter Size (400 cubic feet) (additional) 5/8" x 3/4" $7.15 [$6.50] $2.U [$2.50] 1" 11.55 [10.50] 4.40 [4.00] 11/2" 18.15 [16.50] fiM [6.00] 2" 36.85 [33.50] 11.00 [10.00] 3" 67.65 [61.50] 16.50 [15.00] 4" 113.85 [103.50] 20.90 [19.00] 6" 158.95 [144.50] 30.80 [28.00] 8" 221.10 [201.00] 41,$Q [38.00] Rate over 400 cubic feet: $1.32 [$1.20] per 100 cubic feet. Section 2: This ordinance shall be effective on or after the 30th day after its passage by the Board of Commissioners. PASSED by the Board of Commissioners of the Tigard Water District this day of June, 1993, by unanimous vote of the members of the Board. First reading June 8, 1993 - Chair of the Board Second reading Administrative Director InterOfTce Memo To: Honorable Chair & Board of Commissioners From: Jeri L. Chenelle, Administrative Director Date: June 3, 1993 Subject: Lake Oswego Water Supply Agreement i - Statement of Issue: At its meeting held May 25, 1993, the Board of Commissioners voted to delay signing the contract with Lake Oswego until the next Board meeting, during which time Staff was directed to solicit additional information from people with water provider experience. These comments are attached. Recommendation: Delay signing the Lake Oswego Water Supply agreement indefinitely. i Analysis: i Based on an engineering_ study done in 1990 which evaluated the relative costs of a long- term water supply from Portland, Lake Oswego, the Willamette River, and the Joint Water Commission, lengthy negotiations took place between the Tigard Water District and the City of Lake Oswego. After literally years of negotiations, the first phase of a mutual commitment for long term water supply was agreed to and approved by the Board April 8, 1993. The Tigard City Council has now requested that TWD delay signing the agreement so that the new Joint Water Agency can make the final decision. Comments were received from Economic and Engineering Services and from the Manager of the Clackamas Water District at no cost. Questions were raised about a long-term methodology for rate-setting, the length of the agreement, and curtailment requirements. On the other hand, the appropriateness of the rate increases and of the 50% cost sharing for the main transmission line were also affirmed by some comments. A number of things have changed since the original study. The City of Tigard would like to see an analysis which includes Tualatin Valley as a source, for instance. This was not included previously. There are different "players" coming aboard, in that both the joint water agency and the remnant TWD will have new board members. Mike Rosenberger of Portland Water Bureau has indicated he may be able to negotiate a new water cost agreement because a new agency will exist. Other water rate costs in the original study have since changed. It has been TWD's plan to commit to Lake Oswego as our major water source while also taking more water from Portland throughout the year in order to keep our costs down. We believe that the new joint water agency may come to the same conclusions, although the exact agreement may not look the same. Lake Oswego wants the new joint water ' Lake Oswego Water Supply Agreement 06/03/93 °?o*' 11 agency to be happy with the agreement, because they want a good working relationship with the successors to the agreement. Therefore, it is recommended that TWD delay signing the agreement indefinitely. It should be noted that Lake Oswego has given the District notice of a rate increase to $0.57 per unit effective July 1, 1993. The existing 10 year agreement expires July 1, 1993, but it automatically renews for the five years unless the terms of the agreement are amended by mutual agreement of the parties. Fiscal Impact: Uncertain. The provisions of the existing agreement state that rate adjustments are in the sole discretion of Lake Oswego. a Alternatives: 1. Sign the agreement. i 2. Suggest changes to the agreement to be renegotiated with Lake Oswego and brought back for final approval before June 30. { P s f 3 i a } 1 ~ ' i s June 2, 1993 i i i To: Jeri L. Chenelle, Administrative Director Tigard Water District i From: Dale Jutila, General Manager Clackamas Water District Subject: Water Supply Agreement with Lake Oswego After a brief review of the agreement with Lake Oswego, I would like to share the following comments with you: i 1. RATES: The rates are probably in line with others. Negotiated rates are okay for the short-term, which this contract is, but for the long-term, it is important to have a specified methodology for rate increases. 2. COST-SHARING: A 50%-50% sharing of costs for the main transmission line seems reasonable. The cost of the 24 inch line is about half the costs of the 36 inch line. More , importantly, Tigard Water District's consumption accelerates Lake Oswego's need for the pipeline. Tigard Water District should probably pay more because of accelerating the need for the pipeline. 3. PORTLAND WATER: You might want to give some thought to buying Portland water year round. Through system operation and manipulation, you may be able to bring the price down. 4. CURTAILMENT: If both parties accept responsibility for the system, then it seems that both parties should be willing to share in curtailment should the need arise. It does not appear that Lake Oswego has the obligation to do that in this agreement. ,i -TU 1-'93 TILE 1 1 ~db0 EC0 ENG SVSiPDX P- 02 ECONOMIC AND ENGINEERING SERVICES, INC. 4380 &w. Mwad= Avofty. sut o ass F"dwd.OR 07241 M) 223.3033 • FAX ;803> 774-6248 Fdv & June 1, 1993 Jeri L Chenelle Administrator Tigard Water District P.O. Box 2300DO Tigard, OR 97023 Re: Lake n Water S`aMly AMwent Tcg> nicsl Review Dear Jeri: As you requested on May 27th, we have made a technical review of the tentative agreement. O•ar commentary is set forth herein. When "District" is used, it is Intended to cover the District as now established as well as any successor organizations. 1. The methodology for rate setting now and In the future is not given. After 1997, this methodology could be key to the District's interests. 2. The methodology for rate setting when future capacity-increasing capital improvements is not given. Again, this could be key to the District's interests. 3. The term of the agreement and renewal provisions are not evident to us. We think that an argument can be made that the terra is only four years. If that were the rase, then water from Lake Oswego becomes very expensive, indeed. On the other hand, since the term is not stated, then it could be argued that the term is perpetuity. 4. Obviously, if the 4 mgd guarantee is insufficient, then on the near term the District will have to purchase water from Portland 5. If the District were to issue 20-year, 6% bonds to find the $1,500,000 capital contn'bution to Oswego and if the District were to average 4 mgd usage of Oswego water over that 20-year term, then the contribution reduces to 6.7¢/ccf of purchased water. Remember, also, the District's cost of pumping OswegWrs water from Waluga. In 1990 the pumping cost was 2.4¢/ccf. Thus, initially, water from Oswego could cost a total of about 660/oef on a wholesale basis, 0"0. WA 8069"0. WA Vamower. B.e F0nLVd.0R wamnovum n r I 8. Erie ~~~.r°T_.?r P_03 JUN- 1 -93 TUfE 1 141 ECON c i i Jeri L Chenelle June I, 1993 page two We hope theme comments help your analysis of the agreement. Tim constraints prevent a snore detaged review, but we think the foregoing covers the mgjo r elements of significance to Economic and Engineering. Services, Inc. Very truly yours, EOONOhGC AND ENGUM ERING SBRVICE% INC Gilbert R. Meigs, P .IL i GRM/db