City Council Packet - 03/18/2003TIGARD CITY COUNCIL
WORKSHOP MEETING
March 18, 2003
COUNCIL MEETING WILL NOT BE
TELEVISED
Agenda Item No.
Meeting of S" / l
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
March 18, 2003
1. WORKSHOP MEETING
1.1 Mayor Griffith called the meeting to order at 6:36 p.m.
1.2 Roll Call: Mayor Griffith and Councilors Dirksen, Moore, Sherwood, and
Wilson were present.
1.3 Pledge of Allegiance
1.4 Council Communications sz Liaison Reports: None
1.5 Call to Council and Staff for Non Agenda Items: None
2. UPDATE ON THE URBAN GROWTH BOUNDARY EXPANSION AND SCOPE
Community Development Director Hendryx and Long-Range Planning Manager
Shields updated Council on Metro's UGB expansion program and process,
including major policy alternatives for Tigard.
Concerns and discussion by Council included:
density - what if 10 units/acre is not doable; how to plan next to less-dense
areas
new regulations on how to provide housing, including affordable housing
• agreement that City should provide planning for the area; explore possibility for
assistance from County or Metro for the cost in planning for this area
• detailed analysis for area will be needed; outside assistance for staff required for
transportation modeling and review of natural resources
ask developers to help pay for this planning ...a possibility?
• County is anticipating that the City will do this planning for two areas adjacent
to Tigard
planning must be done within two years
• annexation not required prior to urbanization
• these areas are not extensively developed as is the adjacent Bull Mountain area;
planning should be looked at differently
• agreement that potential annexation of Bull Mountain parcels and the two new
UGB parcels should proceed on "separate tracks"
Community Development staff will prepare information for Council review of the
proposed Bull Mountain annexation in ]une.
Tigard City Council Meeting Minutes - March 18, 2003 Page 1
3. DISCUSSION ON THE PROPOSED STREET MAINTENANCE FEE
City Engineer Duenas, and Transportation Financing Strategies Task Force Members
Bev Froude, Glenn Mores, and Joe Schweitz were present to report to the Council
on the proposed street maintenance fee.
Council was given background information. Discussion was held on how streets are
monitored for deterioration; the methodology for assigning fee assessment (trip
generation) for residential and commercial properties; status of other Oregon cities
street maintenance fee; faster deterioration of roadways associated with street cuts.
Staff and the Task Force members recommended proceeding with establishing the
street maintenance fee.
Councilor Wilson and Sherwood commented that the timing was not good to
implement such a fee because of the poor economy. Mayor Griffith and
Councilors Moore and Dirksen indicated support of the fee because delayed
maintenance may be more costly in the long run.
Direction to Engineering staff was to prepare information for a public hearing to be
scheduled for April or May. Additional information would be prepared with
regard to fee assessment (i.e., trip generation or 50/50 split between residential
and commercial; also, either a sunset clause proposal or a required periodic
review). After the public hearing, an ordinance will be prepared for Council
consideration if a majority of Council indicates a desire to proceed with a street
maintenance fee.
4. PREVIEW AND DISCUSS ATFALATI RECREATION DISTRICT CONCESSION
AGREEMENT OPTIONS
Public Works Director Wegner reviewed options for the Atfalati Recreation District
(ARD) repayment schedule for a portion of land acquisition and improvements to
Cook Park. Council and staff also reviewed the proposal for the future operations
of the Cook Park Concession Stand.
Highlights of the staff presentation are contained in a PowerPoint presentation
(copy on file in the City Recorder's office).
ARD Representatives present included John Anderson, Valorie Westlund
(Southside Soccer Club) and Maria Rose (Little League).
"Tigard City Council Meeting Minutes - March 18, 2003 Page 2
The City and ARD agreed to proceed immediately with the Cook Park
improvements, rather than a phased-in approach, when it was possible for the City
to receive a low-interest loan. The Agreement with ARD was silent about loan
interest.
After discussion about the proposed options for the ARD repayment schedule,
Council members agreed they would consider agreeing to a $65,000 credit
requested by ARD. With regard to loan interest, Council discussed the state of the
City's limited finances as well as the services provided to the community by ARD.
An option that Council members would like to review would be to consider a grant
to ARD (in the community events portion of the budget) for $5,000 a year for
the next 10 years. If approved, ARD would need to apply for a grant each year
along with other community event requests.
Council agreed with the proposed Concession Stand Operation Agreement
Addendum as presented.
Public Works staff will return to Council on April 8 with a proposal for Council's
formal consideration with regard to the ARD repayment scheduled and the
Concession Stand Operation Agreement.
> Administrative Items:
City Manager Monahan reviewed the following Administrative Items:
1
• Shining Stars Banquet - May 2, 6 p.m. - Greenwood Inn. Councilors
Sherwood and Dirksen will attend.
Mayor's Prayer Breakfast - May 7, - 7-9:15 a.m.; Mayor and Councilors
Dirksen, Sherwood, and Wilson will attend.
• Council Budget - Councilors agreed to cut NLC membership and
attendance at the NLC Conference, plus reduce the business meeting
lunches a dinner line item by $216.
• joint meeting with City of Tualatin Council and Tigard-Tualatin School
District Board on April. Agenda items were reviewed. "Status of Youth
Forum" was added as an item to this agenda.
• Councilor Dirksen will serve on the Executive Committee for Atfalati
• Councilor Wilson advised he may consider serving on the Metro Regional
Center Committee.
• Representative Williams cannot meet with Council on March 25 or April
22; he suggested that he could meet with Council on April 8. Senator
Burdick will be contacted to determine what her preference would be for
meeting with the Council.
Tigard City Council Meeting Minutes - March 18, 2003
Page 3
After a brief review of the letter received from Lake Oswego Mayor Judie
Hammerstad, Council indicated that it would be open to hear proposals
about how cities might be able to assist with funding for school districts.
Council received information from Community Development Director
Hendryx about 741 Avenue Greenspaces acquisitions (Metro request for
City to assume local management responsibility).
City Manager Monahan reported that Tigard Police Officers will be available
to assist the City of Portland (mutual assistance) in anti-war demonstration
activity expected in Portland.
Council was reminded of Ron Goodpasters' retirement reception on
Thursday, March 20, 7 p.m.
A delegation from Indonesia is expected to arrive in April. They will spend
time learning about Beaverton's mediation program.
5. COUNCIL LIAISON REPORTS
6. NON-AGENDA ITEMS: None
7. EXECUTIVE SESSION: Not held
8. ADJOURNMENT: 9:21 p.m.
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Page 4
Tigard City Council Meeting Minutes - March 18, 2003
Agenda Item No.
Meeting of 5 , / 3 " 03
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
March 25, 2003
Mayor Griffith called the meeting to order at 6:30 p.m.
Council Present: Mayor Griffith, Councilors Dirksen, Moore, Sherwood, and Wilson
STUDY SESSION
> TUALATIN VALLEY TELEVISION INTRODUCTION
Tualatin Valley Television (TVTV) Executive Director Marci Hosier
presented information (additional written materials submitted to the
Council) about the services and programming provided by TVTV.
> DISCUSSION ON FLUORIDATION IN DRINKING WATER
Public Works Director Wegner advised the Council that the City of Portland
has taken "off the table" discussions about formation of a regional drinking
water supply agency for the immediate future. Portland will commence
negotiations for new contracts with its wholesale drinking water customers.
The joint Water Commission remains a viable option for the Tigard water
service area. Assistant Public Works Director Koellermeler explained that
the City currently has an agreement with the City of Beaverton to receive 4
million gallons a day of drinking water from the joint Water Commission.
The City of Beaverton will begin fluoridating its drinking water supply by
January 2004. Issues for Tigard's review include:
fluoridated water may be coming to Tigard from Beaverton
Tigard's willingness to accept fluoridated water
Staff suggested, and Council concurred, that the Intergovernmental Water
Board would be the best entity to monitor this issue and develop a
recommendation on options for the City Council to review. Staff will keep
Council apprised as developments unfold.
There was some discussion about an advisory vote to ask service-area voters
if they would want additional fluoride added as the water from Beaverton
will blend with the water from Portland, which is not fluoridated.
Tigard City Council Meeting Minutes - March 25, 2003
Page 1
> BRIEFING ON QWESTNERIZON FRANCHISE FEE AUDIT
(See item #7 during the business meeting for materials)
Finance Director Prosser noted this matter was also scheduled for discussion
during the meeting (Agenda Item No. 7). He noted receipt of
communication from Qwest advising they would not be able to participate in
an audit until 2006. Qwest represents a small percentage of the
telecommunication service for Tigard residents. The audit for Verizon is
proceeding in a cooperative manner.
> ADMINISTRATIVE ITEMS
• Senator Burdick and Representative Williams will attend the April 8 City
Council meeting; they will not attend tonight's meeting or the April 22
meeting as previously scheduled.
• City Manager Monahan described the proposal for an Assistant Chief
position in the City of Tigard. Council supported the proposal.
• Council members were given preliminary information about Police
Community Meetings, which is also an agenda item for the business
meeting (No. 5). Council members each committed to attending a
meeting as follows:
April 24 - Councilor Dirksen
May 1 - Mayor Griffith
May 8 - Councilor Wilson
May 15 - Councilor Moore
TBA - Business Community meeting
Councilor Sherwood
• City Manager reminded Council of the benefit concert to be performed
by Michael Allen Harrison on April 4 at the Tigard High School.
EXECUTIVE SESSION: Not held
1. BUSINESS MEETING
1.1 Mayor Griffith called the City Council 8z Local Contract Review Board
meeting to order at 7:33 p.m.
1.2 Roll Call: Mayor Griffith and Councilors Dirksen, Moore, Sherwood, and
Wilson
1.3 Pledge of Allegiance
1.4 Council Communications a Liaison Reports: Councilor Wilson advised he
would have a liaison report (See Agenda Item No. 10).
1.5 Call to Council and Staff for Non-Agenda Items: None
Tigard City Council Meeting Minutes - March 25, 2003 Page 2
2. PROCLAMATIONS
Mayor Griffith proclaimed April 21 to 27 as National Community Development
Week
3. VISITOR'S AGENDA
No visitors.
4. CONSENT AGENDA: Motion by Councilor Moore, seconded by Councilor
Sherwood to approve the Consent Agenda as follows:
4.1 Approve Intergovernmental Agreement with Washington County Regarding
the West Nile Virus Response Plan
The motion was approved by a unanimous vote of Council:
Mayor Griffith -
Yes
Councilor Dirksen -
Yes
Councilor Moore -
Yes
Councilor Sherwood -
Yes
Councilor Wilson -
Yes
5. DISCUSSION CONCERNING COMMUNITY OUTREACH MEETINGS
Chief Dickinson advised he is establishing a strategic plan for providing police
services. To accomplish this, available data pertaining to police activity will be
assembled and analyzed: The second component is to find out what the people in
Tigard want. To hear from Tigard residents and business owners, the Chief is
coordinating several Community Outreach Meetings. City representatives will be
available beginning at 6:30 p.m.; the meetings will start at 7 p.m. and conclude by
8 p.m. on the following dates and locations:
April 24 - Templeton School
May 1 - CF Tigard School
May 8 - Mary Woodward School
May 15 - Metzger School
Tigard City Council representatives from city departments and staff from Tualatin
Valley Fire 8z Rescue will be on hand to answer questions. The purpose of the
Tigard City Council Meeting Minutes - March 25, 2003 Page 3
6.
7.
8.
meeting is to get citizen input on service the City provides. The goal is to improve the
services and better meet the needs of Tigard's citizens.
DISCUSSION WITH STATE SENATOR GINNY BURDICK AND STATE
REPRESENTATIVE MAX WILLIAMS
Cancelled. Legislators will meet with Council on April 8.
UPDATE ON THE QWESTNERiZON FRANCHISE FEE AUDIT
Finance Director Prosser advised that more than 69 Oregon cities have joined
together to conduct an audit of franchise fees paid by Qwest and Verizon for use of
the public's rights of way to deliver their services. Qwest has indicated they would
not be available for such an audit until 2006. The Verizon audit is proceeding in a
cooperative manner.
CONSIDER A RESOLUTION GRANTING A PROPERTY TAX EXEMPTION FOR
THREE NON-PROFIT, LOW-INCOME HOUSING PRO]ECTS
Finance Director Prosser reviewed this agenda item and resolution, which would
grant a property tax exemption for 2003 for three low-income housing projects
owned and operated by the Community Partners for Affordable Housing.
Motion by Councilor Sherwood, seconded by Councilor Dirksen, to adopt
Resolution No. 03-10.
RESOLUTION NO. 03-10 - A RESOLUTIN GRANTING AN EXEMPTION
FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE SECTION
3.50 FOR THREE NON-PROFIT LOW INCOME HOUSING PR901ECTS
OWNED AND OPERATED BY COMMUNITY PARTNERS FOR AFFORDABLE
HOUSING.
The motion was approved by a unanimous vote of Council:
Mayor Griffith
Councilor Dirksen
Councilor Moore
Councilor Sherwood
Councilor Wilson
Yes
Yes
Yes
Yes
Yes
Tigard City Council Meeting Minutes - March 25, 2003 Page 4
9. CONSIDER A RESOLUTION ACCEPTING AND ENDORSING THE COMMUTER
RAIL STATION DESIGN RECOMMENDATIONS FROM THE DOWNTOWN
TASK FORCE
Long-Range Planning Manager Barbara Shields introduced this agenda item. Project
Manager Beth St. Amand gave a brief overview of the work done by the Task
Force. Task Force Chairman Mike Marr reviewed the recommended station design
elements for the commuter rail station to be located downtown. (Highlights of the
presentation are on file in the City Recorder's office) Also present was Tri Met
representative ]oe Walsh. Mr. Walsh agreed that much of the work done by the
Task Force might be used for the Washington Square Station as well as other
stations along the rail line.
Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt
Resolution No. 03-11.
RESOLUTION NO. 03-11- A RESOLUTION ACCEPTING AND ENDORSING
THE DOWNTOWN TASK FORCE'S DESIGN RECOMMENDATIONS
DOCUMENT FOR THE COMMTER RAIL STATION.
The motion was approved by a unanimous vote of Council:
Mayor Griffith -
Yes
Councilor Dirksen -
Yes
Councilor Moore -
Yes
Councilor Sherwood -
Yes
Councilor Wilson -
Yes
10. COUNCIL LIAISON REPORTS
Councilor Wilson advised that the Westside Economic Alliance Insider
newsletter reported that Metro has requested the state legislature consider
creating a task force to look at the concept of revenue sharing between
jurisdictions that share an urban growth boundary. (SB 626) Council
discussed the proposed bill and unanimously expressed the opinion that the
bill is a bad idea and, if passed, it would result in loss of local control. It is
Tigard's recommendation that the bill be dropped from consideration and
the idea of forming a revenue sharing task force be discontinued. Mayor
Griffith will sign a letter to the bill's sponsor, Senator Ryan Deckert,
expressing Tigard's concerns.
11. NON AGENDA ITEMS: None
Tigard City Council Meeting Minutes - March 25, 2003 Page 5
12. EXECUTIVE SESSION: Not held.
13. ADJOURNMENT: 8:43 p.m.
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Tigard City Council Meeting Minutes - March 25, 2003 Page 6
Mayor's Agenda
PUBLIC NOTICE:
CITY OF TIGARD
OREGON
Assistive Listening Devices are available for persons with impaired hearing and should be
scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please
call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications
Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments;
and
Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow
as much lead-time as possible. Please notify the City of your need by 5:00 p.m. on the
Thursday preceding the meeting date by calling:
503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices
for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - MARCH 18,'2003 page 1
AGENDA
TIGARD CITY COUNCIL WORKSHOP MEETING
MARCH 18, 2003
6:30 PM
1. WORKSHOP MEETING
1.1 Call to Order - City Council
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications at Liaison Reports
1.5 Call to Council and Staff for Non Agenda Items
6:35 PM
2. UPDATE ON THE URBAN GROWTH BOUNDARY EXPANSION AND SCOPE
a. Staff Report: Community Development Staff
7:05 PM
3. DISCUSSION ON THE PROPOSED STREET MAINTENANCE FEE
a. Staff Report: Engineering Staff
7:35 PM
4. PREVIEW AND DISCUSS ATFALATI RECREATION DISTRICT CONCESSION
AGREEMENT OPTIONS
a. Staff Report: Public Works Staff
8:05 PM
5. COUNCIL LIAISON REPORTS
8:15 PM
6. NON-AGENDA ITEMS
8:25 PM
7. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If
an Executive Session is called to order, the appropriate ORS citation will be
announced identifying the applicable statute. All discussions are confidential and
those present may disclose nothing from the Session. Representatives of the news
media are allowed to attend Executive Sessions, as provided by ORS 192.660(3),
but must not disclose any information discussed. No Executive Session may be held
for the purpose of taking any final action or making any final decision. Executive
Sessions are closed to the public.
8:40 PM
8. ADJOURNMENT
\\TIG333\US R\DEPTS\AD M\CATHY\CCA\030318. DOC
COUNCIL AGENDA -MARCH 18, 2003 page 2
AGENDA
TIGARD CITY COUNCIL ADMINISTRATIVE ITEMS FOR REVIEW
MARCH 18, 2003 - 6:30 PM
• EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an
Executive Session Is called to order, the appropriate ORS citation will be announced
identifying the applicable statute. All discussions are confidential and those present may
disclose nothing from the Session. Representatives of the news media are allowed to
attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any
information discussed. No Executive Session may be held for the purpose of taking any
final action or making any final decision. Executive Sessions are closed to the public.
• Administrative Items for Review
o Shining Stars Banquet, Friday, May 2, 6 p.m. at Greenwood Inn; $35/per person
o Mayor's Prayer Breakfast - Wednesday, May 7, 2003 - 7-9:15 a.m.; $20/per
person
o Review Fiscal Year 03-04 Council Budget Proposal
o Tigard Tualatin joint Meeting -
1. SRO's - status in Tualatin
2. Property tax funding for TTSD - Recreation, etc.
3. School construction update
4. Discussion on Latino awareness issues
o Representative on the Executive Committee for "Atfalati"?
o Appointment to the new Regional Center Committee to be established by
Metro
o Representative Williams is not able to attend the 3/25 or 4/22 meeting, but can
attend on 4/8. Reschedule both Representative Williams and Senator Burdick to
the 8" if Senator Burdick's schedule allows?
o Review Letter from Lake Oswego's Mayor Judie Hammerstad regarding financial
assistance to local school district questions.
Executive Session -
The Public Meetings Law authorizes governing bodies to meet in executive session in certain
limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of
a meeting of a governing body, which is closed to certain persons for deliberation on certain
matters."
Permissible Purposes for Executive Sessions:
192.660 (1) (a) -
Employment of public officers, employees and agents,
if the body has satisfied certain prerequisites.
192.660(l) (b) -
Discipline of public officers and employees (unless affected person requests
to have an open hearing).
192.660 (1) (c) -
To consider matters pertaining to medical staff of a public hospital.
192.660 (1) (d) -
Labor negotiations. (News media can be excluded in this instance.)
192.660(l) (e) -
Real property transaction negotiations.
192.660 (1) (f) -
Exempt public records - to consider records that are "exempt by law from
public inspection." These records are specifically identified in the Oregon
Revised Statutes.
192-660 (1) (g) -
Trade negotiations - involving matters of trade or commerce in which the
governing body is competing with other governing bodies.
192.660 (1) (h) -
Legal counsel - Executive session are appropriate for consultation with
counsel concerning legal rights and duties regarding current litigation or
litigation likely to be filed.
192.660 (1) (1) -
To review and evaluate, pursuant to standards, criteria, and policy
directives adopted by the governing body, the employment-related
performance of the chief executive officer, a public officer, employee or
staff member unless the affected person requests an open hearing. The
standards, criteria and policy directives to be used in evaluating chief
executive officers shall be adopted by the governing body in meetings open
to the public in which there has been an opportunity for public comment.
192.660 (1) (j) -
Public Investments - to carry on negotiations under ORS Chapter 293 with
private persons or businesses regarding proposed acquisition, exchange or
liquidation of public investments.
192.660 (1) (k)-
Relates to health professional regulatory board.
I:\ADM\CATHY\COUNCIL\CCLIST\030311.DOC
380 "A" AVENUE
POST OFFICE BOX 369
LAKE OSWEGO,
OREGON 97034
(503) 635-0213
FAX (503) 697-6594
March 14, 2003
Mayor Jim Griffith
City of Tigard
13125 SW Hall
Tigard OR 97223
Dear Jim:
13ECEIVED C.O.T.
MAR 17 2003
Administration
MAYOR@cLoswego.orms Our city government has been asked to provide financial assistance to our
local school district. The District is expecting a financial shortfall of state
funding for its operations of between $4,000,000 and $7,000,000 for school year
JUDIE HAMMERSTAD, 2003-04. With our city government's own financial constraints, and the
MAYOR possible loss of some state subvention monies, our City Council has been very
resistant to providing a direct financial transfer from the City to the District.
GAY GRAHAM,
COUNCILOR I would appreciate it if you could either write, call or e-mail me an answer to
the following questions:
JACK HOFFMAN,
COUNCILOR 1. Is your city government providing direct financial assistance, or
considering providing direct financial assistance to your local school
ELLIE McPEAK, district(s)?
COUNCILOR
2. Would your city be willing to join other municipalities in efforts to
KARL ROHDE, assist local school districts through lobbying and other legislative
COUNCILOR actions in Salem?
LYNN PETERSON, I would appreciate your response as soon as possible. I have convened a group
COUNCILOR of civic leaders to discuss how the community aught provide assistance to our
school district in this time of need and would like to have information on how
JOHN TURCHI, other municipalities are handling this situation in Oregon.
COUNCILOR
My mailing address, phone number and e-mail are all on this stationery.
Sincerely,
Judie Hammerstad, Mayor
%F i ,
Study Session Material for 3111103
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor & City Council
FROM: Cathy Wheatley, City Recorder&
DATE: February 27, 2003
SUBJECT: Review of Council Budget for FY 2003-04
Attached for your advance review is the requested Council Budget for FY 2003-04 that
was prepared by Administration Staff for Council's discussion and direction to staff during
the March 11, 2003, Study Session.
Description of Attachments:
2 pages summarizing the budget request levels.
Personal Services - $ 47,049
Materials & Services L111 84
Total Council Budget $ 86,233
*10% reductions equals $8,623, thus the target budget for Council is: $86,233
8623
$77,610
*Ali departments are attempting to submit a budget, which shows a 10% reduction from the
proposed budget.
Line item detail page for personal services and materials & services showing
requested (proposed) reductions for the NLC Conference and membership dues
for NLC, for a total package of $6,880. Given the small Council budget, a 10%
reduction package was not achieved, this budget reflects about an 8% reduction,
$1,743 short of the goal.
• The budget narrative for the Mayor & Council Division: Program Results, Program
Description, FY 02-03 Accomplishments, Current Service Level (Goals), and
reduction package impact.
SUMMARY
Staff requests Council direction on its budget numbers with regard to the proposed
reduction package. For a 10% reduction (a Citywide target), the Council budget would
need to be reduced by $8,623. The elimination of NLC-related expenses totals $6,880.
Comments on the budget narrative would also be appreciated.
c: Bill Monahan
I:\ADhACATHY\000NCIL\BUDGET PROPOSAL 04.DOC
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Proposed Budget Review
I I City Council - Division 3110
REDUCTION PCKG - NLC
DUES $3,260
REDUCTION PCKG
NLC TRAVEL...
$2,350
REDUCTION PCKG
NLC REGISTRATION
$1,270
TOTAL REDUCTION PCKG
$6,880
Line Item
Amount
Totals
Salaries
22.500
Une to ent
43
Worker's Comp
FICA/Medicare
1,720
TriMet Tax
139
Medical Insurance
19,952
Dental Insurance
2,631
47,049
Total Personal Services
Professional Services -
Tualatin Valley TV Council
Meeting Coverage. This was
500
reduced from S2000 last year
as in-house staff will
produce in most instances
Repair & Maint. - Ofc.
Equip. - Town Hall Sound
500
system, cassette copiers,
scanner
Special Dept. Expense -
Recognition/Awards/Flowers
(funerals) from Council.
(This was S400 last W,
anticipating that two Council
200
members were leaving
office)
City promotional items (e.g.,
300
Mayor's conference gift
basket, visitor gifts, small
items for visiting school
children)
Vehicle expense - Council-
related errands by staff (City
60
car pool)
Copies S 190/mo
880
2
Office Supplies SSW=
.
Public notices; legal notices
1,000
Dues & Subscriptions
Oregon Mayor's Assn 80
LOC 23,137
NLC 3,260
26,577
Other publications too
Travel Food Lodging
NLC Conference 2
Per Diem 400
councilors) - Nashville
Hotel 1,300
Airfare 650
LOC Conference - Mayor &
one councilor (conference
Banquets, lunches 240
includes a Mayor's Assn.
Lodging 440
Board Meeting)
Council meals -before
meetings 36 meetings x 3
720
meals x S20 av . mt .
Business & meeting
lunches/dinner + I dinner for
Council (i.e., after goal-
700
setting meeting)
Hotel 300
Oregon Mayor's Conference
Meals 120
- LaGrande (August)
Lodging 197
Oregon Mayor's Association
- Board Meetings (Meals.
100
Travel
Education & Training
NLC Conference
1,270
Registration (2 Councilors)
Oregon Mayor's Conference
250
LOC Confarrnce
480
Total Materials & Svcs.
39,184
Total Council Bud et
86,233
f .
Program Results:
• Basic city services provided to citizens are cost effective and are delivered
without interruption.
• Tigard's interest in regional and statewide activities is coordinated with
appropriate agencies and jurisdictions.
• Tigard citizens are involved in the community and participate effectively.
Programs and activities are available in the community to meet the needs of a
diverse population.
External and internal City assets are well managed and utilized.
Program Description:
The Mayor and Council represent the legislative and policy leadership for City
government. The Mayor and Councilors are elected by citizens for four-year terms on a
non-partisan basis. The Mayor and Councilors serve part-time.
The Council hires the City Manager to run day-to-day operations. The City Council
reviews, revises, and adopts City laws and policies and sets the overall direction of the
city.
FY 2002-03 Accomplishments:
• Transportation
Roads - Discussed potential for a street maintenance fee as proposed by the
Transportation Financing Strategies Task Force; Council decision expected
this fiscal year on whether to implement such a fee.
Trails, Bicycles and Pedestrian Safety- Trail projects for the Washington
Square area and pedestrian improvements in the downtown area were
submitted to Metro for funding consideration.
Bus service - Council adopted an action plan to work with TO Met to increase
bus service in the Tigard area.
• Parks and Recreation
Complete Parks Master Plans - work has been accomplished in Summerlake
park (off-leash dog area, children's playgrounds, and renovation of existing
playgrounds). Bonita Park construction began and Phase II of the Cook Park
master plan was completed in December. New recreation features at
Woodward Park included a tot-lot playground, elementary-age playground and
i
a picnic shelter. Potso Dog Park was dedicated and opened on July 20, 2002.
Murase Associates has been retained to develop the Fanno Creek Park
Master Plan in conjunction with the improvements planned at the new library
site.
Youth The Youth Forum met continually throughout the year and was
successful in getting an extended-after-hours program in place. The Forum is
focused on youth involvement in community issues and to get adults more
connected with youth.
Skateboard Park Task Force - Council reviewed a proposed design in
November. Potential sites are being identified.
Downtown
Traffic Impact Study - This study was completed and concluded that the
impacts of the Commuter Rail station/park and ride on downtown vehicle and
pedestrian circulation will not be significant.
Task Force - In November Council appointed a 13-member Task Force to
examine the Commuter Rail station design and develop a work plan to
address the Downtown's revitalization and economic development needs.
Water
Bull Run Regional Water Agency- Phase II of the implementation plan for the
formation of this proposed agency was distributed to participating agencies in
late September. Since then, member agencies have been reviewing the plan
and will decide in 2003 whether or not to proceed to Phase III.
Joint Water Commission - The City continued to work closely with the Joint
Water Commission (JWC) to work toward Tigard becoming a JWC partner.
The Tualatin Basin Water Feasibility has moved at a slow, but steady pace.
Growth Management
Bull Mountain Study- Staff evaluated Bull Mountain facilities and the long-
and short-term provision of services to the area.
Durham Quarry -The City continued to coordinate with the County on
development of the site. The property was sold to OPUS Northwest, which is
finalizing development plans.
Affordable Housing - Council adopted guidelines for a new Events and Social
Services Fund set-aside designed to reduce fees and charges imposed on
affordable housing acquisition, development, and rehabilitation within the
community.
Washington Square Regional Plan - Council adopted a funding strategy in
November and staff will begin implementation of the strategy steps.
Tigard Post Office - Contacts were made with the US Post Office and Senator
Wu asking for assistance in identifying the criteria to establish an independent
post office; modifying data bases to accept Tigard as a location tied to zip
codes 97223, 97224, and 97281; enhancing bulk mail services; and picking up
outgoing mail later in the day on weekdays.
• Library
Site Purchase - Council approved the purchase of the 14.7-acre site on Hall
Boulevard and O'Mara Street.
Progress Reports - Council receives a monthly presentation on the progress
of the new library.
Community Meetings - These meetings were held to elicit citizen feedback
and participation on the design of the new library.
Bonds - Council approved the sale of new library construction bonds to the
Oregon Economic and Community Development Department.
Schematic Designs - Council reviewed and approved these designs as
presented by the architects.
• Communication
Meet with local, county, regional, and state partners - Met throughout the year
with Senator Ginny Burdick and Representative Max Williams. The Council
held regular meetings during the year with the Budget Committee, Planning
Commission, Library Board, School District, and the Tualatin Valley Fire and
Rescue Staff and Board. The Council met with the Budget Committee to
review social service funding, the Senior Center Board to discuss programs
and the Intergovernmental Water Agency to discuss long-term water supply
options. Tigard High School Student Envoy Paul Brems attends the first
Council meeting of each month to present information about school activities
and programs.
CITs - The focus changed in February 2003 to produce programs to inform
and educate the cable television audience. This change was made in
response to low CIT attendance; however, recent survey data indicated that
about 660 people get information by watching the CIT meetings on cable.
Cityscape - Cityscape format was updated to include two colors. Staff will
investigate more cost-effective ways to distribute the Cityscape.
Website -flew features included vendor registration and press releases are
posted. A website redesign will accommodate new and enhanced features.
Cable - Examples of programs produced include library community meetings,
the proposed street maintenance fee open house, and a story time video.
Media - Press releases are issued weekly with about 85% printed for the year.
. e .
Current Service Level
Mandatory .
Narrative
Council set goals for 2003 in a January 6, 2003, goal-setting session. The goal for the
library was deleted since voters approved the funding for a new library in May 2002.
Another goal, Financial Strategy, was defined to develop a sustainable long-term
financial plan.
FY 2003-04 Goals and Obiectives:
GOAL 1: FINANCIAL STRATEGY
A. Develop a sustainable long-term financial plan or strategy for issues
such as:
1. General Fund needs
2. Library
3. Transportation
4. Parks and open space
5. Washington Square Regional Center
6. Central Business District
7. Water System
B. Explore the creation of an economic development program.
GOAL 2: TIGARD CENTRAL BUSINESS DISTRICT
A. Create a common vision for the Central Business District and build
the energy to implement that vision through the Downtown Task
Force.
B. Support the activities of the Downtown Task Force as they provide
input to the design of the Tigard commuter rail station and the zoning
and development plan standards for the Central Business District.
GOAL 3: TRANSPORTATION
A. Aggressively pursue solutions to congestion of state, county and city
facilities that cross through Tigard.
1. Reforming the Transportation Financing Task Force.
2. Identify project priorities and funding needs for state and city
facilities.
B. Continue working with Tri-Met to identify and fund additional intra-city
bus routes.
C. Right-of-way management.
I'
GOAL 4: PARKS AND RECREATION
A. Continue the efforts of the Youth Forum.
B. Complete or update parks master plans for city facilities.
C. Explore the creation of a Parks and Recreation Advisory Board.
GOAL 5: WATER
A. Continue to evaluate options for a long-term water supply.
GOAL 6: GROWTH MANAGEMENT
A. Continue to evaluate Tigard's role in the provision of urban services
outside the city limits.
GOAL 7: COMMUNICATION
A. Increase Tigard's communication with other elected bodies through
active participation of City Council members and staff.
B. Improve and expand communication with citizens, particularly
communicating successes and future concerns.
Narrative
Reduction packages include the elimination of attendance at the National League of
Cities Conference as well as discontinuing membership in the National League of
Cities.
[-a 2003-04 Goals and Objectives:
No impact
Narrative
None submitted
FY 2003-04 Goals and Objectives:
No impact
N
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor & City Council
FROM: Cathy Wheatley, City Recorder eaoW0
DATE: March 14, 2003
SUBJECT: Council Budget 03/04
Thanks for the discussion at the last Council meeting on the Council budget and the
reduction package for next year. Attached is the one-page summary similar to the one
you discussed last week. Some changes have been made after the Finance Division's
review with Liz and me on Wednesday (March 12) of the proposed budget. These
changes included:
$7,394 Additional in Personal Services to reflect two more
participants in the medical insurance benefit.
250 Additional Materials and Services for Signing/
Interpretive Services. (We had nothing budgeted and it
is possible that we could have a request for this
service. It was recommended we budget for at least
one Council meeting. ADA requires the City pay any
interpretative costs for public meetings.)
220 Additional Materials & Services for copies. It was
recommended we increase office supplies by this
amount based on expenditure experience this year.
With the above additions, the total Council budget is $134,097.
In order to reach the 10% reduction for each department, some departments have been
allowed to deduct items budgeted from their area over which they have no option but to
pay the amount charged. For example, City insurance premiums are budgeted in the Risk
Management Division, but Risk Management was not required to reduce its budget by
10% with the premium amount considered in their total.
Using the same logic as in the paragraph above, if Council were to deduct the League of
Oregon City dues of $23,137, then the total Council budget would be $70,960 for a target
10% reduction figure of $7096.
Staffs proposed reduction package showed that we could delete the NLC dues and NLC
Conference (registration and travel, food & lodging), for a total of 6,880, which leaves a
balance of $216 in order to achieve the 10% goal.
Other options suggested during the Council discussion included:
+ 10% stipend reduction (with some additional savings in payroll taxes) - 2440
+ Delete amount for Council meals $ $ 720
700
+ Delete amount for business lunches
We would like to discuss this with Council on Tuesday, March 18, to make sure we have
consensus on what the cutbacks should be for the proposed Council budget.
BADM\CATNVACOUNCIL\03-04 BUDGEMOC
Proposed Budget Review
City Council - Division 3110
REDUCTION PCKG - NLC
DUES . $3,260
REDUCTION PCKG
NLC TRAVEL...
$2,350
REDUCTION PCKG
NLC REGISTRATION
$1,270
TOTAL REDUCTION PCKG.
$6,880
Professional z ervnccs - s www. 500
Valley N Council Meeting
Coverage. This was reduced
from S2000 last year as in-house
staff will produce in most
instances
Repair & Mamt. - urc. equip. - 500
Town Hall Sound system,
casette eo lets scanner
Special Dept. Expense -
Recognition/Awards/Flowers
(funerals) from Council. (This
was $4001ut anticipating that 200
two Council members were
leaving office)
City promotional items (e.g., 300
Mayor's conference gift basket,
visitor gilts, small items for
visiting school children)
Vehicle expense - Council-
related errands by staff (City car 60
pool)
Copies 52500/yr
O[lice Supplies $50/mo
3,100
Public notices: le al notices
1.000
Dues & Subscriptions
Oregon Mayor's Assn 80
LOC 23,137
NLC 3,260
26,577
Other ublications 100
Tavel Food Lodging
NLC Conference 2 councilors) -
Per Diem 400
Nashville
Hotel 1,300
Airfare 650
LOC Conference - Mayor & one
Banquets, lunches 240
councilor (conference includes a
Lodging 440
Mayor's Assn. Board Meetin
Council meals - before meeting.^.
720
36 meetings x 3 meals x S20 avg.
er rot .
Business & meeting
lunches/dinner + 1 dinner for
Council (i.e., after goal-setting
700
meeting)
Hotel 300
Oregon Mayor's Conference -
Meals 120
LaGrande (August)
Lodging 197
Oregon Mayor's Association -
100
Board Meetings (Meals, Travel
Education & Training
NLC Conference Registration (2
1,270
Councilors)
Oregon Mayor's Conference
250
LOC Conference
480
Total Materials & Svcs.
39 654
94,097
Tol Council Budget
Estimated Costs for
Attendance of 1 person at NLC Conference
Nashville, December 9-13*
(*main conference is usually Wednesday - Friday)
as a non-member
Registration (no pre-session classes): $700*
Per Diem (4 days) 160
Air Fare 325
Hotel (4 days @ $130/day) 520
Total $ 1705
* In 2002: Registration fees were $435 (early registration) for an NLC member. Pre-
session classes were $95 to $150 each. Some special lunch sessions were $30
I:WDM\CATFM000NCIL\ESTIMATED COSTS NLC - 1 PERSON - 03 CONFERENCE.DOC
A . k
CITY OF TIGARD
Community Develop?
Shaping A Better Comn
MEMORANDUM
CITY OF TIGARD
TO: Bill Monahan
FROM: Jim Hendryx /h
DATE: 3/18/03
SUBJECT: 74th Avenue Greenspaces Acquisitions
In recent months, as part of a focus on the regional Fanno Creek Greenway Trail
project, Metro has been targeting stream-front properties located along the 74th
Avenue reach of the creek between Bonita and Durham Roads. So far, Metro has
completed deals on two contiguous properties covering a combined total of 2.54
acres (see attached maps). Both properties are portions of existing tax lots and
provide right-of-way for the Fanno Creek Trail. The properties in question are
located adjacent to a City-owned greenway property. Metro bore the full cost of
the property purchases and of the associated due diligences. Other acquisition
deals within this same stream section appear to be in the works, as well.
In future, Metro intends to ask the City to assume local management responsibility
for the newly acquire properties. Metro's standard management agreement would
apply. This is the same agreement that the city has twice entered into with Metro
for the local management of 7- and 13-acre regional Greenspaces acquisitions
located in Tigard.
Staff most likely would recommend that Council grant Metro's request, with the
condition that Metro remove any hazardous trees identified by the City. A level
one environmental assessment of the two properties under discussion has been
completed by Hahn and Associates, with no environmental hazards discovered.
The IGA would not obligate the City to carry out any improvements.
City
Greenwavk
BONITA RD
C;?~
Metro
Acquisiton
Metro
Acquisition
rn
t\
\GZ~
AGENDA ITEM #
FOR AGENDA OF March 18, 2003
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Update on Urban Urowtn tsounaa rrx • siwu e-u a..,
PREPARED BY: Barbara Shields DEPT HEAD OK l TY MGR OK
ISSUE BEFORE THE OUNCIL
Staff will update Council on Metro's UGB expansion program and process, including major policy alternatives
for Tigard.
STAFF RECOMMENDATION
N/A. Review only.
INFORMATION SUMMARY
The primary objective of the March 18, 2003 presentation is to discuss the major factors that would ultimately
shape the City's UGB (Urban Growth Boundary) expansion program and provide an overall context for
Council's choices and recommendations to develop the UGB program.
The secondary objective is to start a discussion to determine the long-term impacts and relationship between the
ongoing Bull Mountain annexation study and the UGB expansion program.
It should be emphasized that, given the complexity and timeline for both programs, the development of the
combined Bull Mountain/UGB strategy is emerging as one of the truly critical urbanization policy and land use
development challenges for Tigard.
The two major policy alternatives, contained in the attached memo (Exhibit A), are based on the premise that
the service provision and annexation issues, which are central to both programs, are part of the overall Strategic
Finance Plan for the City:
Should the City focus on the UGB expansion areas for adoption in 2005 with the Bull Mountain
program following a separate path? (Attachment 1)
OR
2. Should the Bull Mountain and UGB expansion programs merge in one urban service provision program
centered on the annexation plan approach? (Attachment 2)
The background, context, and rationale for recommendations for the two alternatives are contained in Exhibit A.
I:\cDADM\JERREE\Agenda Sum\3-18-03 UGB - Agenda Item Summary.doc
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Growth and Growth Management Goal #1: Growth while protecting the character and livability of new and
established areas while.providing for natural environment and open space throughout the community.
ATTACHMENT LIST
Exhibit A: March 4, 2003, memo to Council - "Urban Growth Boundary Expansion Program/Alternatives
for Policy Choices"
Attachment 1:
Urban Service Provision Programs - Alternative 1
Attachment 2:
Urban Service Provision Programs - Alternative 2
"
Attachment 3:
Map - "UGB Expansion Areas Adjacent to Bull Mountain
Attachment 4:
UGB Expansion Program
uirements (Excerpts from Title 11, Metro's Function Plan)
t Plan Re
C
Attachment 5:
q
oncep
Attachment 6:
Tigard UGB Expansion Sites - Description
FISCAL NOTES
N/A
I:\CDADM\JERREE\Agenda Sum\3-18-03 UGB - Agenda Item Summary.doc
EXHIBIT "A"
CITY OF TIGARD
Community Development
Shaping A Better Community
MEMORANDUM
CITY OF TIGARD
TO: Mayor and City Council
FROM: Barbara Shields
DATE: March 4, 2003
SUBJECT: Urban Growth Boundary Expansion Program / Alternatives for Policy Choices
The primary objective of this memo is to discuss the major factors that would ultimately shape the City's
UGB (Urban Growth Boundary) expansion program and provide an overall context for Council's choices and
recommendations to develop the UGB program.
The secondary objective is to start a discussion to determine the long-term impacts and relationship
between the ongoing Bull Mountain annexation study and the UGB expansion program.
It should be emphasized that, given the complexity and timeline for both programs, the development of the
combined Bull Mountain/UGB strategy is emerging as one of the truly critical urbanization policy and land
use development challenges for Tigard.
The two major policy alternatives, contained in this memo, are based on the premise that the service
provision and annexation issues, which are central to both programs, are part of the overall Strategic
Finance Plan for the City:
1. Should the City focus on the UGB expansion areas for adoption in 2005 with the Bull Mountain
program following a separate path? (Attachment 1)
OR
g
2. Should the Bull Mountain and UGB expansion programs merge in one urban service provision
program centered on the annexation plan approach? (Attachment 2)
J The background, context, and rationale for recommendations for the two alternatives are discussed below.
n
1. General Overview of Metro's UGB Expansion Process
U
J
A. Background
i On December 12, 2002 the Metro Council finalized the two-year process reviewing the region's
capacity for housing and jobs by expanding the Urban Growth Boundary (UGB). The total UGB
expansion is 18,638 acres, with 2,851 acres dedicated for employment purposes. The UGB marks
the separation between rural and urban areas for the 24 cities and urban portions of Clackamas,
Multnomah and Washington Counties.
I:\CDADWERREE\Agenda Sum\3-18-03 UGB - Exhibit A.doc
The Metro Council's decision affects two areas adjacent to Bull Mountain: Area 63 and Area 64
(Attachment 3). Both areas total approximately 480 acres, with the Metro-projected residential
target number of 1,735 housing units.
B. Content of Metro's decision
The complete UGB decision' includes
1) new policies that range from the protection of existing neighborhoods and provision of
additional employment land to the improvement of downtown commercial centers; and
2) maps showing the proposed UGB expansion areas.
C. UGB Expansion Phases
In general, the overall program may be divided into three major phases (Attachment 4). Each phase
Is described below, with an emphasis on the key-policy considerations that need to be addressed
prior to the development of a UGB program expansion.
Phase 1. Metro's Compliance with the State (Dec. 2002 - Summer/Fall 2003)
Metro completed the UGB legislative amendment as part of its periodic review work
program with the State Department of Land Conservation and Development (DLCD). As
such, the Land Conservation and Development Commission (LCDC) must first approve
the Metro Council's adopted expansion of the UGB before the land is officially brought into
the UGB. It is expected that the LCDC will make its determination on the UGB expansion
In late Spring/early Summer 2003. Once DLCD makes its determination, there is a 60-day
appeal period at which time all or a portion of the decision can be appealed to the State
Court of Appeals. Any potential appeal may affect both the proposed amendments to
Metro's plans and policies or may target specific expansion areas. It should be noted that
the impact and the scope of the UGB decision has raised a number of questions related to
both the proposed policies and the methodology Metro developed for the UGB expansion
areas.
Phase 2. Local Compliance with Metro ("Concept Plan" development) (Fall 2003 - Fall 2005)
Once Metro's decision is acknowledged by the State and finalized (possibly in early Fall
2003), the Metro Code requires that a "UGB concept plan" be developed for the affected
areas.
1. Who preD_ares the "UGB concept plan"? The conceptual planning process for areas 63
and 64 may be directed by either Washington County or the City of Tigard and must be
completed within two years of the LCDC acknowledgement.2
2. Scope of the "concept plan": The scope for the concept plan is determined by Metro
Code. It includes provisions for residential densities, affordable housing, commercial
and industrial development, transportation network, natural resource protection, public
facilities, and school sites analysis (Attachment 5).
Phase3. Land Development/Urbanization/Annexation (after Fall 2005). In general, the plan must
provide foundations to address the primary urbanization question for Tigard's UGB
expansion areas, I.e., what is the most optimal way to transition from rural to urban
densities. The key consideration in the urbanization process is to address provisions for
urban services.
The Metro Code (Title 11) requires jurisdictions responsible for the plan preparation to
include "provision for annexation to a city or (emphasis added) any necessary service
' Complete decision text (Ordinance No. 02-96913) consists of over 1000 pages
2 Specifically, the Metro Council's decision (Exhibit M to Ordinance No. 02-96913) states that Washington County or,
upon annexation of the areas to Tigard, the city shall complete the required planning process.
I:\CDADMUERREE\Agenda Sum\3-18-03 UGB - Exhibit A.doc
districts prior to urbanization of the territory or incorporation of a city or necessary service
districts to provide all required urban services."
In short, the following annexation issues are central to the concept of service provision in
the UGB expansion areas and need to be addressed in the early stages of the program
development:
1. Timing of annexation. Should the City require annexations prior to development of the
UGB properties?
AND
2. Method of annexation. What annexation method would be optimal to provide an efficient
transition to urban densities for the UGB expansion areas (areawide annexation,
annexation plan, or site-specific annexations)?
II. Preliminary Assessment of Tigard's UGB Expansion Impacts
A. Preparation of the UGB "Concept Plan"
1. Current Conditions. Attachment 6 contains a description of the two Tigard's UGB
expansion sites. In general, both areas have been developed to rural residential uses with
parcel, ranging in size from a few to 25-30 acres. They are currently zoned as agriculture
and forest district lands (County zoning) to retain the area's rural character and conserve
natural resources while providing for rural residential use and promoting agricultural and
forest uses on small parcels. Both sites contain areas recognized as wetlands.
2. Key Evaluation Factors. The primary focus of the concept plan would have to address
the "urban edge" issues, i.e. transition and distribution of residential densities at the Bull
Mountain "edge." Based on Metro's preliminary assumptions, the expansion area would have
to accommodate approximately 1,750 housing units. Currently, this area is occupied by
approximately 40-50 houses. In general, the plan would have to include provisions for a
diversified housing stock to fulfill a variety of housing needs.
The increased residential density would have to be balanced with the adequate provisions for
open space/parkland; neighborhood-scale commercial support services; natural resource
protection; and public facilities and services, including schools (Attachment 5).
3. Summary of Planning Issues. The major planning challenge for the UGB expansion
areas would pertain to the conversion of two rural residential tracts of land into balanced
urban communities. A combination of the expansion areas' odd configurations, location, the
existing land use pattern, and the Metro Code requirements (Attachments 3 and 5), may not
allow them to develop as their own, distinct communities. Consequently, the primary question
would be how to best integrate them with the existing surrounding areas.
III. Preliminary Assessment of "Edge" Urbanization/ Development Issues in
Tigard
A. Relationship between the Bull Mountain annexation study and UGB
expansion program
1. Service provision versus annexation. Given the existing regulatory context,
discussed previously in this memo, one of the key considerations in the urbanization program
is to address the provisions for services prior to urbanization. The service provision and
L\CDADWERREE\Agenda Sum\3-18-03 UGB - Exhibit A.doc
annexation issues are central to both Bull Mountain and UGB programs and are part of the
overall Strategic Finance Plan for the City.
2. Planning for the Balanced Community. Given the scope of the planning issues,
discussed above, and their location between the UGB edge and the Bull Mountain area, both
UGB expansion areas would not, most likely, develop as distinct and balanced communities.
Therefore, there is a need to integrate the UGB expansion area with the rest of Bull Mountain
with regards to open space/parkland, neighborhood commercial services, public facilities,
transportation network and schools.
3.Timing. The Bull Mountain Master Plan, which covers approximately 1,400 acres, was
originally adopted by Washington County in 1984, is outdated and needs to be revisited to
meet the current development needs of the area. This, combined with the Metro requirement
for a concept plan for the 480 acres of the UGB expansion in the near future (2005), would
provide a good opportunity for a complete analysis of the entire area.
4. Scale and Efficiency. The total planning area, including the UGB and Bull Mountain
areas, is approximately 1,880 acres. With the scale, scope, and timing for the two programs,
there seems to be a need to evaluate the "economies of scale" approach to determine the
efficiency of the two processes/programs by contrasting their objectives and outcomes.
B. Alternatives for UGB and Bull Mountain Programs
Given the complexity and timeline for both programs, the development of the combined Bull
Mountain/UGB strategy is emerging as one of the truly critical policy and land use
development challenges for Tigard.
The two major policy alternatives, discussed below, are based on the premise that the
service provision and annexation issues, which are central to the both programs, are part of
the overall Strategic Finance Plan for the City.
Alternative 1
Should the City focus on the UGB expansion areas for adoption in 2005 with the
Bull Mountain program following a separate path? (Attachment 1)
This approach would allow the City to run two parallel programs with potentially two
different strategies for both areas. The UGB concept plan, including an annexation
method, would have to be adopted two years from the UGB acknowledgement by the
State (Attachment 4).
Alternative 2
Should the Bull Mountain and UGB expansion programs merge in one urban
service provision program centered on the annexation plan approach?
(Attachment 2)
This approach would allow the City to combine the two programs to address the Bull
Mountain issues in a complete fashion to provide foundations for an integrated
urbanization process at the edge of the City.
I:\CDADM\JERREE\Agenda Sum\3-18-03 UGB - Exhibit A.doc
C. UGB Expansion Program
Regardless of the outcome of the primary Bull Mountain/UGB urbanization policy questions
(discussed above), the City needs to resolve the following issues to develop the UGB
program (Exhibit 4):
1. Should the City lead the planning process to prepare the "UGB concept plan"?
2. Should the City require annexations prior to development of the UGB properties?
3. What annexation method would be optimal to provide an efficient transition to urban
densities for the UGB expansion areas (areawide annexation, annexation plan, or
site-specific annexations)?
I:\CDADM\JERKEE\Agenda Sum\3-18-03 UGB - Exhibit A.doc
Winter
Spring
Attachment 1
Urban Service Provision Programs - Alternative 1
(two separate programs)
Bull Mountain Area UGB Expansion Area
Annexation Program Concept Plan Program
Public Facilities and Services I
Plan (PF&S) developed
M
O
O
N
Summer
Other
Fall strategies
Winter
Spring
0
0
N
Summer
Fall
Winter
U
0
CL
c
O
x
N
c
c
to
E
C
Council policy choices as
outcome of PF&S Plan
Annexation
Plan
moo ,
I Nov 2004 I
election
Effective prior to
Mar 31, 2005
I Spring I
Its
O
O
N
Summer
Fall
Winter
I Spring I
t0
O
O
N
Summer
Annexation on Tax
rolls, July 2005
PHASE I - State acknowledgement
expansion acknowledged by DLCD
PHASE II - Plan Development
Development of comprehensive plan
for new UGB area (UGB Concept
Plan) must:
• Include annexation
choices which may include
an annexation plan.
• If Annexation Plan is
method chosen, the
concept plan will include
annexation plan
development.
• Concept Plan must be
adopted within 2 years
after acknowledgement.
November 2005 election (if
Annexation Plan is developed)
Effective prior to Mar 31, 2006 I
Annexation on Tax rolls, July 2006
Fall IACDADMUERREEWgenda Sum\3-18-03 UGB - Attachment
Attachment 2
winter Bull Mountain Area
Annexation Program
Spring I Public Facilities and Services
(PF&S) Plan developed
e~
0
0
N
Council policy
Summer discussion and
recommendation as
outcome of PF&S
I Fall I
UGB Expansion Area
Concept Plan Program
PHASE I - State acknowledgement
expansion acknowledged by DLCD
winter
PHASE II -.Plan Development
Development of comprehensive plan
for new UGB area (UGB Concept
Plan) must:
Spring
. Include annexation
choices which may include
an annexation plan.
0
cor
. If Annexation Plan is
method chosen, the
Summa,
concept plan will
include annexation
plan development.
Fall
. Concept Plan must be
adopted within 2 years
o
after acknowledgement.
Winter
Q
C
O
X
N
Spring
C
C
CO
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E
o
N
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C
1 Summer 1
Felt November 2005 election (if
Annexation Plan is developed)
Winter
F Effective prior to Mar 31, 2006
Spring
tl7
tl
0
N
Annexation on Tax rolls July 1, 2006
Summer
I:\CDADMUERREEWgenda Sum\3.18.03 UGB - Attachment 2.doc
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Attachment 4
UGB EXPANSION PROGRAM
Objective: Transition from rural to urban form
Phase 1: Acknowledgement (Metro's
. UGB expansion part of State periodic review
Compliance • State must acknowledge prior to land being officially brought in
between Metro . 60 day appeal period
and State . UGB expansion anticipated to be acknowledged in
Summer/Fall 2003
Phase ll: Concept Plan Development
Concept plan is required by Metro prior to urbanization of the
expansion area
Compliance . Key considerations:
between Metro - Who prepares the concept plan (City or County)
and local - Scope of concept plan
/urisdiction . Required to be completed within 2 years of UGB expansion
acknowledgement (Fall 2003-Fall 2005)
Ing III: Urbanization
sideration:
od of annexation
- Area wide annexation (entire UGB expansion area)
Local - Site specific annexation (parcel by parcel)
jurisdiction - Annexation Plan (UGB area only or with Bull Mountain area)
of annexation (prior to development of properties?)
. Provision of urban services
Attachment 5
Concept Plan Requirements (Excerpts from Title 11, Metro's Functional
Plan)
3.07.1120 Urban Growth Boundary Amendment Urban Reserve Plan Requirements
All territory added to the Urban Growth Boundary as either a major amendment or a
legislative amendment pursuant to Metro Code chapter 3.01 shall be subject to adopted
comprehensive plan provisions consistent with the requirements of all applicable titles of the
Metro Urban Growth Management Functional Plan and in particular this Title 11. The
comprehensive plan provisions shall be fully coordinated with all other applicable plans. The
comprehensive plan provisions shall contain an urban growth plan diagram and policies that
demonstrate compliance with the RUGGO, including the Metro Council adopted 2040 Growth
Concept design types. Comprehensive plan amendments shall include:
A. Provision for annexation to a city or any necessary service districts prior to urbanization of
the territory or incorporation of a city or necessary service districts to provide all required
urban services.
B. Provision for average residential densities of at least 10 dwelling units per net developable
residential acre or lower densities which conform to the 2040 Growth Concept Plan design
type designation for the area.
C. Demonstrable measures that will provide a diversity of housing stock that will fulfill
needed housing requirements as defined by ORS 197.303. Measures may include, but are
not limited to, implementation of recommendations in Title 7 of the Urban Growth
Management Functional Plan.
D. Demonstration of how residential developments will include, without public subsidy,
housing affordable to households with incomes at or below area median incomes for home
ownership and at or below 80 percent of area median incomes for rental as defined by U.S.
Department of Housing and Urban Development for the adjacent urban jurisdiction. Public
subsidies shall not be interpreted to mean the following: density bonuses, streamlined
permitting processes, extensions to the time at which systems development charges (SDCs)
and other fees are collected, and other exercises of the regulatory and zoning powers.
E. Provision for sufficient commercial and industrial development for the needs of the area to
be developed consistent with 2040 Growth Concept design types. Commercial and industrial
designations in nearby areas inside the Urban Growth Boundary shall be considered in
comprehensive plans to maintain design type consistency.
F. A conceptual transportation plan consistent with the applicable provision of the Regional
Transportation Plan, Title 6 of the Urban Growth Management Functional Plan, and that is
also consistent with the protection of natural resources either identified in acknowledged
comprehensive plan inventories or as required by Title 3 of the Urban Growth Management
Functional Plan. The plan shall, consistent with OAR Chapter 660, Division 11, include
preliminary cost estimates and funding strategies, including likely financing approaches.
I:\CDADM\JERREE\Agenda Sum\3-18-03 UGB - Attachment 5.doc
G. Identification, mapping and a funding strategy for protecting areas from development due
to fish and wildlife habitat protection, water quality enhancement and mitigation, and natural
hazards mitigation. A natural resource protection plan to protect fish and wildlife habitat,
water quality enhancement areas and natural hazard areas shall be completed as part of the
comprehensive plan and zoning for lands added to the Urban Growth Boundary prior to urban
development. The plan shall include a preliminary cost estimate and funding strategy,
including likely financing approaches, for options such as mitigation, site acquisition,
restoration, enhancement, or easement dedication to ensure that all significant natural
resources are protected.
H. A conceptual public facilities and services plan for the provision of sanitary sewer, water,
storm drainage, transportation, parks and police and fire protection. The plan shall, consistent
with OAR Chapter 660, Division 11, include preliminary cost estimates and funding
strategies, including likely financing approaches.
1. A conceptual school plan that provides for the amount of land and improvements needed,
if any, for school facilities on new or existing sites that will serve the territory added to the
UGB. The estimate of need shall be coordinated with affected local governments and special
districts.
J. An urban growth diagram for the designated planning area showing, at least, the following,
when applicable:
1. General locations of arterial, collector and essential local streets and connections and
necessary public facilities such as sanitary sewer, storm sewer and water to demonstrate that
the area can be served;
2. Location of steep slopes and unbuildable lands including
but not limited to wetlands, floodplains and riparian
areas;
3. General locations for mixed use areas, commercial and industrial lands;
4. General locations for single and multi-family housing;
5. General locations for public open space, plazas and neighborhood centers; and
6. General locations or alternative locations for any needed school, park or fire hall sites.
K. The plan amendments shall be coordinated among the city, county, school district and
other service districts.
I:\CDADM\JERREE\Agenda Sum\3-18-03 UGB - Attachment 5.doc
Attachment 6
Tigard UGB Expansion Sites - Description
Sites 63 and 64 are located along the western boundary of Bull Mountain. Each site
is adjacent to the Bull Mountain area within the UGB; however, they are not
contiguous to one another due to Exclusive Farm Use (EFU) lands.
These areas have been developed for rural residential uses. They are currently zoned
as agriculture and forest district lands (County zoning) to retain the area's rural
character and conserve natural resources while providing for rural residential use and
promoting agricultural and forest uses on small parcels.
Site Profiles
Site 63
Built Environment
The area consists mostly of larger rural lots with homes; 27 tax lots total. Median tax
lot size is approximately 9 acres, with the largest parcel at 20 acres. Half of the
homes were built after 1983; total assessed value for land and homes is almost $11
million.
Land Use Ownership Pattern.
Although there are three small clusters of property, the majority of land on Site 63
(20 of 27 lots) consists of a dispersed land ownership. The consolidated property
occurs along the eastern boundary and accounts for approximately 23% of the total
site area.
Roads
Site 63 is bounded on the east by 150', a major collector that provides a thoroughfare
between Roy Rogers Road eastbound and the northern/central Bull Mountain area.
It also contains three local streets: Taylor Lane, which connects to Roy Rogers, and
April and Finis Lanes, which connect from Taylor Lane.
NaturaIEnvironment
Site 63 has some steep slopes located centrally. In addition, the northeast corner
contains two ponds recognized as Title 3 wetlands. This area is considered
agricultural and urban, and about a 1/3 of the site is considered forest.
Future Facilities Needed
Public Works predicts the need for a water reservoir in Site 63. Currently, this site
does not have water. Other facilities have not yet been evaluated.
Site 64
BuiltEnvrronment
The area consists of 40 tax lots. Median tax lot size is approximately 5 acres, with
the largest at 26.76 acres. Almost half of the tax lots do not have a building on them.
For those lots with structures, the majority of homes were built more than 20 years
ago - only four of the 22 structures were built since 1983. Total assessed value for
land and homes is approximately $8 million.
l:\CDADM\JERREE\Agenda Sum\3-18-03 UGB - Attachment 6.doc
Land Use Ownership Pattern.
There are eight clusters in contiguous ownership which account for the 24 of the 41
lots on Site 63. Consolidated property is the predominant ownership pattern and
accounts for approximately 63% of the site's total area.
Roads
The north is bounded by Barrows (an arterial), with a traffic signal at the intersection
with Roy Rogers Road. Roy Rogers serves as a local thoroughfare south, continuing
as Beef Bend/Roy Rogers east. Bull Mountain, a major collector, begins toward the
southern end of Area 64 and continues east through the Bull Mountain area.
Friendly Road, located in the northeast portion, is a local street serving homes.
NaturalEnvrronment
There are no significant steep slopes in this area. However, there is a large pond east
of Roy Rogers Road in the central area, and a smaller pond nearby that are both
recognized as Title 3 wetlands. This area is predominantly agricultural, with a small
stand of forest.
Future Facffi es Needed
Water CIP plans for a main line down Roy Rogers (64). The site does not currently
have water. Other needs have not been evaluated, although there may be a school
sited in the area.
1:\CDADMUERREE\Agenda Sum\3-18-03 UGB - Attachment 6.doc
AGENDA ITEM # 3
FOR AGENDA OF March 18, 2003
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSMAGENDA TITLE Fro osea mreet MainWildlI[;a rUZ
CITY MGR OK
PREPARED BY: A.P. uenas DEPT HEAD OK -1
ISSUE BEFORE THE COUNCIL
Staff will present a brief overview of the proposed Street Maintenance Fee, a review of actions two other cities are
taking, and some options for Council to consider. Council discussion of the options and Council direction on
possible implementation of the fee are requested.
RECOMMENDATION
Staff recommends that City Council review and discuss the options presented and provide staff with direction on
what further actions to take, if any, regarding the proposed fee.
INFORMATION SUMMARY
At the City Council meeting on September 17, 2002, Council extended the public process for the proposed
Street Maintenance Fee by three months to allow more time for citizen awareness of the need for the fee and
provide an opportunity for the various businesses in Tigard to provide more input into the process. At the
December 17, 2002 Council meeting, the Transportation Financing Strategies Task Force and staff presented
the results of the public process for the proposed fee. The results of that extended public process are
summarized as follows:
• As part of the public awareness effort for the proposed fee, the City created a video production that has
been airing frequently over the public access channel. The video emphasizes the need for timely
maintenance of the City street system, and provides a summary of the benefits that would be achieved
with implementation of the proposed Street Maintenance Fee.
The Task Force conducted a public meeting on November 14, 2002 to discuss the fee with citizens and
businesses and to receive input. The meeting was attended by approximately 20 people, most of them
citizens. The public meeting was conducted in an open house format with stations established to provide
information, answer questions, and receive input on the proposed fee. A few citizens expressed their
opposition to the fee using the recession as their reason for their objections. Nothing new surfaced as a
result of the public meeting.
The Task Force recommended that City Council review the possible implementation of the fee at a workshop
session in early 2003. This ensures that the two new City Councilors would have the opportunity to fully
discuss the proposed fee before Council provides direction regarding possible implementation. The scheduling
of the Street Maintenance Fee discussion at this workshop meeting is to provide a brief overview of the
proposed fee, review what some other cities are doing to address maintenance funding shortfalls, discuss some
options that Council could consider regarding implementation, and request Council direction on what further
action to take regarding the proposed fee.
Attached is a report that provides an overview of the proposed fee, a review of what two cities are now doing to
address the street maintenance shortfalls, and some options that Council could consider regarding possible
implementation of the fee. The options in the report are reiterated in this agenda summary as follows:
Options for Council Consideration:
Option 1 - Move ahead with adoption of the Street Maintenance Fee. Provide direction to staff to prepare an
ordinance to establish the fee and a resolution to set the rates. Staff could have the ordinance and resolution
prepared and submitted to Council by late April 2003. Should the fee be adopted in April 2003, the effective
date for the fee would be set some in August sth oOhe amounts can be in~orporatedtonf the utility bills
to set up the fund and do the necessary work to ens
without a glitch in the billing process.
Option 2 - Move ahead with adoption and rate setting for the Street Maintenance Fee but delay implementation
until August or September of 2003. This would give the City the opportunity to see if any actions are taken
against the fee and provide more information for future decisions based on reaction to the fee and on any
concrete steps taken to either refer or repeal the ordinance.
Option 3 - Delay adoption of the fee for a 3 to 4 month period, then bring it back for Council consideration in
summer of 2003. This would provide an opportunity to monitor the progress of the initiative process in Eugene
and the progress of the fee implementation in Lake Oswego. The down side is that preemptive moves by the
State Legislature could be enacted limiting action on any such fee as time goes on.
OTHER ALTERNATIVES CONSIDERED
Council decides to take no further action on the proposed fee.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Timely maintenance of the street infrastructure meets the Tigard Beyond Tomorrow goal of Improve Traffic Safety.
The implementation of the Street Maintenance Fee meets the goal of Identify and Develop Funding Resources.
ATTAC~IlVIENT LIST
Proposed Street Maintenance Fee Overview
FISCAL NOTES
None at this point. The implementation of the Street Maintenance Fee would provide funding for street
maintenance, limited ROW maintenance, limited sidewalk maintenance, and street light and traffic signal
system energy costs and maintenance. The total new revenue needed is approximately $1.6 million.
IAEng\Gus\Counci1 Agenda SummariesTroposed Street Maintenance Fee Discussion.doc
Proposed Street Maintenance Fee Overview
City of Tigard
March 3, 2003
a
N
m
W
General Information
What is the Street Maintenance Fee? The Street Maintenance Fee is a monthly fee
based on use of the transportation system, and is typically based on trip generation rates.
The fee would be charged to each household and business in the City and would be
collected through the City's regular monthly sewer and water bill. The intent is to have
the users of the road system share the costs of the corrective and preventative
maintenance needed to keep the street system operating at an adequate level. The
revenue received through the fee would be dedicated to maintenance of the street system.
Why is it needed? The fee is needed for the following reasons:
Tigard has a $4 million dollar backlog in corrective and preventative street
maintenance needs.
The State gas tax has not increased in a decade. The gas tax revenues are not
restricted to maintenance, but can be used for a wide variety of needed street
improvements. However, these funds have been used primarily for maintenance
because of the large maintenance backlog and the inadequacy of the current gas
tax rate to address anything beyond maintenance.
The street system would continue to deteriorate even further without timely
maintenance requiring extremely expensive reconstruction later. It is a situation of
pay a relatively small amount now, pay a large amount later, or live with badly
deteriorated streets as a way of life in the future. Badly deteriorated streets have a
huge economic impact as goods and people have difficulty getting to their
destinations, not to mention increased vehicle repair costs that would inevitably
result from driving on poorly maintained streets.
What would the Street Maintenance Fee adoption accomplish? Implementation of
the proposed fee would:
Provide a new, stable source of revenue dedicated to street system maintenance.
Supplement the gas tax and allow use of some gas tax revenues to address
reconstruction, installation of crucial pedestrian connections, and other street
improvement needs.
Allow the City to establish a long-term plan to address the $4 million backlog in
street maintenance needs.
How much is needed to begin to address the maintenance backlog and improve
annual maintenance? Approximately $1,605,000 is needed for the following: $800,000
for street maintenance, $445,000 for street light and traffic signal system energy and
maintenance costs, $270,000 for rights-of-way maintenance on collectors and arterials,
proposed Street Maintenance Fee Overview
Page 1 of 4
and $90,000 for sidewalk maintenance on collectors and arterials. The proposed charge
for single family residential structures is $2.54 per month, and for multi-family units
$1.76 per month per unit.
Work Completed to date: The implementation of this fee was recommended to the City
Council almost two years ago by the City's Transportation Financing Strategies Task
Force, a citizen task force formed to evaluate and recommend to Council feasible
alternative funding sources for street maintenance and street expansion needs. The Task
Force conducted an extensive public process to enhance citizen awareness of the need for
the proposed fee and to receive input from citizens and businesses. The proposed fee has
been discussed with Council several times and is again scheduled for further Council
discussion at this meeting.
Implementation Action Required: Council has the authority to establish the Street
Maintenance fee. The proposed fee would be adopted by ordinance and the rates to be
charged would be established by resolution.
Timing: If Council does approve implementation, the effective date for the fee would be
set several months after Council adoption of the ordinance and resolution. This would
give the City of Tigard staff sufficient time to set up the fund and do the necessary work
to ensure that the amounts can be incorporated on the utility bills without a glitch in the
billing process.
Actions by Other Cities
City of Eugene: The City of Eugene needs to raise approximately $9 million each year
to address the City's transportation system maintenance needs. Eugene is proposing to
raise the needed new revenue through a combination of a system maintenance fee and a
local gas tax. The Transportation System Maintenance Fee (TSMF) is expected to raise
(annually) approximately $5.7 million and the gas tax approximately $2 million (also
annually). The combined total is short of the needs identified, but their City Council may
limit the rates to raise just that amount.
On December 9, 2002, the City of Eugene adopted an enabling ordinance authorizing
establishment of the TSMF. The City of Springfield passed a similar ordinance on the
same date. Eugene is now in the process of establishing a TSMF methodology to set rates
and to determine the mechanism for billing and collection of the monthly fee. The rates
will be set based on the average or typical number of trips generated by homes and
businesses. They have prepared some sample rates, but will go through a rate-setting
process with opportunities for public involvement. The earliest that the rates would go
into effect is July 1, 2003. A group of citizens attempted to refer the ordinance to the
ballot, but failed. However, that group is now gathering signatures to place an initiative
on the ballot to repeal the ordinance and have any money collected refunded. As a result,
Eugene is proceeding cautiously, waiting to see how the initiative process progresses
before implementing the rates.
Proposed Street Maintenance Fee Overview
Page 2 of 4
Eugene likewise passed an ordinance on January 29, 2003 imposing a 3-cent local gas
tax. They are moving ahead with this and expect to have the billing added by July 1,
2003. A petroleum group attempted to refer the ordinance to the ballot, but failed to get
enough signatures. There does not appear to be any movement to place an initiative on
the ballot at this point.
City of Lake Oswego: The City of Lake Oswego is considering a Street Maintenance
Fee to raise revenues for street maintenance. A 1996 $7 million dollar bond has been
helping the City keep up with repairs for the last five years. That bond has expired and
the State gas tax revenues are not sufficient to keep up with the maintenance
requirements. The City needs an average of $1.2 million annually over the next 10 years
to preserve the investment in the street system. The revenues are expected to come from
residential and non-residential users, with the charge for single family detached dwellings
proposed at $4.50 per month and the multi-family units at $3.22 per month. Businesses
will pay based on units mostly based trips generated per 1,000 square feet of gross floor
area. The percentage split is 63% from residential users and 37% from non-residential
users.
The Lake Oswego City staff is planning to move ahead with adoption of the fee and
implementation of the rates. A workshop session is scheduled with the Lake Oswego City
Council on March 17, 2003 to discuss a draft ordinance and possible implementation.
The fee could be in place as early as July, 2003.
The website for each city has a great amount of information regarding the proposed new
funding sources. The website for the City of Eugene is www.ci.eugene.or.us, and for
Lake Oswego is www ci.oswe og_or.us.
Percentage Split - Residential versus Non-residential
The percentage split on the fee rates as currently proposed for residential and non-
residential is 28% for residential users (single family detached and multi-family units
combined) and 72% non-residential. This is based on a $2.54 monthly fee for single
family detached and $1.76 monthly fee for multi-family units.
As a point of information, if the revenue to be generated were based on an arbitrarily set
50-50 split between residential and non-residential users, the single family detached
monthly rate would be $4.51 and the multi-family monthly rate would be $3.12.
However, this 50-50 split would not be in line with the methodology based on trip
generation and may not be defensible should objections arise.
Options for Council Consideration
Option 1 - Move ahead with adoption of the Street Maintenance Fee. Provide direction
to staff to prepare an ordinance to establish the fee and a resolution to set the rates. Staff
could have the ordinance and resolution prepared and submitted to Council by late April
2003. Should the fee be adopted in April 2003, the effective date for the fee would be set
Proposed Street Maintenance Fee Overview
Page 3 of 4
sometime in July or August 2003 to provide the City of Tigard staff sufficient time to set
up the fund and do the necessary work to ensure that the amounts can be incorporated on
the utility bills without a glitch in the billing process.
Option 2 - Move ahead with adoption and rate setting for the Street Maintenance Fee but
delay implementation until August or September of 2003. This would give the City the
opportunity to see if any actions are taken against the fee and provide more information
for future decisions based on reaction to the fee and on any concrete steps taken to either
refer or repeal the ordinance.
Option 3 - Delay adoption of the fee for a 3 to 4 month period, then bring it back for
Council consideration in summer of 2003. This would provide an opportunity to monitor
the progress of the initiative process in Eugene and the progress of the fee in Lake
Oswego. The down side is that preemptive moves by the State Legislature could be
enacted limiting action on any such fee as time goes on.
1:\Eng\Gus\Council Agenda SummarieAProposed Street Maintenance Fee Overview.doc
Proposed Street Maintenance Fee Overview
Page 4 of 4
AGENDA ITEM
FOR AGENDA OF
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
3/18/03
ISSUE/AGENDA TITLE Discuss Atfalati Recreation District Repayment Schedule for Cook Park and
concession stand oyeration
PREPARED BY: Dan Plaza DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Discussion of the Atfalati Recreation District repayment schedule and future operations of the Concession
stand at Cook Park.
STAFF RECOMMENDATION
Staff recommends that Council direct staff to prepare two addendums to the 1998 City/ARD agreement for
Council approval. One addendum shall set forth the repayment schedule selected by Council, and the second
addendum shall address the operations of the Cook Park Concession Stand.
INFORMATION SUMMARY
In the mid 1990's, the City and a group of interested individuals began a discussion and collaboration that led
to an agreement (attached) between the City and the Atfalati Recreation District (ARD), a non-profit
organization. The group was composed of individuals associated with the Tigard Soccer League and the
Tigard Little League. The group approached the City in 1996 to work with them in land acquisition for an
expansion of Cook Park. The City financed a master plan for the Cook Park expansion, and entered into an
option to purchase the Gray/Lamb property. Through a series of meetings, the City and the leagues worked
out an agreement in which the City would purchase the Lamb/Gray property and the leagues would pay
$15,000 a year for 10 years to offset half the acquisition cost. The agreement gave priority use of the fields to
ARD. The City purchased the Gray/Lamb property adjacent to Cook Park for $300K and ARD agreed to
contribute $150K towards the purchase of the property. The City eventually approved a Cook Park
Expansion Master Plan which included, amongst other facilities, the development of mutually beneficial
facilities such as: new sports fields, additional parking, and a concession stand/restroom building.
ARD has agreed to reimburse the City for these mutually beneficial improvements in the amount of
$353,562. On March 12, 2002, City Council directed staff to work with the City Attorney to prepare a
supplement (addendum) to the 1998 Atfalati Recreation District Agreement (attached) to provide more detail,
as contemplated in the agreement, concerning the construction and operation of a concession stand at Cook
Park.
OTHER ALTERNATIVES CONSIDERED
n/a
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
2003 Council Goal #4 - Parks and Recreation
Tigard Beyond Tomorrow -,,partnerships provide a wide range of leisure and recreation opportunities that
are coordinated and available for the Tigard Community - Allow current providers opportunities to continue
existing services (cooperate with existing leagues)"
AT LIST
1. Memo from Dan Plaza, Park Manager dated March 10, 2003
FISCAL NOTES
The Atfalati Recreation District (ARD) has agreed to reimburse the City of Tigard for their portion of the
land acquisition at Cook Park in the amount of $150,000 over a period of ten years with no interest. The
remaining improvements and construction obligations of ARD are to be finalized as an addendum to the
original agreement from 1998. Dependant upon finalization on the option package selected, ARD's total
obligation to the city will be determined.
W
J .l
ATTACHMENT #1
MEMORANDUM
TO: Ed Wegner
FROM: Dan Plaza
RE: Atfalati Recreation District Repayment Schedule and Cook park
Concession Stand Operations
DATE: March 10, 2003
History
In the mid 1990's City staff and representatives of the Tigard Soccer Club and Tigard
Little League began discussions and collaboration that led to an agreement between the
City and the Atfalati Recreation District (ARD), a non profit organization.
Atfalati Recreation District approached the City in 1996 to work with them in land
and
acquisition for an expansion of Cook Park. Through a series of meetings, the y
the leagues worked out an agreement in which the City would purchase the Lamb/Gray
property adjacent to Cook Park at the price of $300,000. The leagues formed as Atfalati
Recreation District agreed to pay $15,000 annually for 10 years for a total contribution
of $150,000 to offset half of the acquisition cost. The City agreed to not charge ARD
interest of the land acquisition.
The agreement between ARD and the City gave priority use of the fields to ARD.
coordinated
Another purpose of the agreement
well as the playing fields to consolidation and
developed.
use of the existing playing fields as
According to the original Agreement, in addition to the land acquisition contribution,
ARD would contribute a percentage to be determined for the development oft
property directly related to ARD and its membership leagues (i.e. playing fields, parking
and snack shacks as well as the playground to service the field. The City would be
responsible for those improvements that primarily serve the general public (i.e. playing
fields/parking, restrooms and pathways) at a percentage to be determined.
be shared on a
examples as well as other development projects on the property would negotiated percentage basis between the parties. Through subsequent discussions,
the land
and concession responsible for half the cost of
the City and ARD agreed that
building
acquisition, sports field development
construction.
March 18, 2003
City of Tigard/ARD Agreement page 1
The agreement between the City and ARD set forth the following:
• Obligations, rights, and responsibilities of the City and ARD concerning the
purchase of the Gray/Lamb property (ARD share was $150K),
• Development, improvements and maintenance of the property
• Goals
• Construction of fields and related facilities
• Provision of services to the property
• Payment of costs for annual maintenance of sports fields
• Maintenance and repair of facilities, improvements,
• Use of the developed fields and the related facilities with the expansion of
Cook Park
• Insurance
• Cooperation in parks planning
In 2001, ARD assisted the City in securing a $250,000 grant for the development of Cook
Park. The collaborative effort also helped the City secure a $2.3 million loan for the
comprehensive development of Cook Park. While the ARD Agreement sets forth what the
City and ARD would do together to construction the facilities, the details on how much and
in what manner payments would be made was left to be determined. The time has now
come to establish a repayment schedule for the funds already incurred by the City.
On March 12, 2002, City Council directed staff to work with the City Attorney in preparing a
supplement addendum to the 1998 Atfalati Recreation District Agreement to address a
repayment schedule as well as operation of the concession stand at Cook Park.
Atfalati Recreation District has agreed to reimburse the City for improvements in the
amount of $353,562. The amounts that have been identified as ARD's responsibility are:
• Remaining balance of the land purchase ($60,000)
• Remaining balance on sports field improvements ($37,562)
• Construction costs for concession stand/restroom facility ($256,000)
In April of 2002, ARD proposed to pay the City of Tigard $188,000 for reimbursement
for construction of the concession stand/restroom facility as well as the remaining
balance on land acquisition and sports field development at Cook Park which results in
a 73% reimbursement for the concession stand/restroom building. This proposal was
submitted to the City by ARD for consideration based upon their ability to pay. In further
discussion with ARD, they agreed to pay for the full amount of the concession
stand/restroom facility ($256,000).
Through the efforts of the City's bidding, negotiating with the contractor as well as taking
advantage of the grant and loan funding, the actual project costs to ARD and the City
were much less than originally estimated. The estimated costs for ARD related facilities
were $526,737 with actual construction costs of $383,801 which reflects a savings of
$182,936 for ARD on the construction of the sports fields and concession/restroom
facility. In addition, the City costs for engineering/design and legal fees for the Cook
City of Tigard/ARD Agreement March 18, 2003
Page 2
Park Master Plan exceeded $378,000 and the City is not asking for ARID contribution on
these costs.
Repayment Schedule Discussion
The table below displays the project estimates, the City's share of expenditures, ARID
proposed reimbursement, ARID payments to date, and ARD's principal remaining
balance, excluding any interest or requested credits.
roject Description
Project
Estimate
City
Share
Actual
ARD
Share
Proposed
ARD
Share
Paid to
Date
ARD
Principal
Balance
Initial Project Estimate for
Construction
2,399,040
Land Acquisition
300,000
150,000
150,000
90,000
60,000
Engineering/Design
Kam a/Otak
138,047
CES NW
199,602
Murase
22,485
TetraTech/KCM, Moscato
Ofner, Ramis/Crew,
Fishman Environ.
17,916
Wetland Mitigation
*
382,166
Phase l
Parkin lot with landscape
505,991
Sports Field
200,118
87,562*
50,000
37,562
Infrastructure
64,727
Restroom
396,750
Butterfly Meadow Planting
Irrigation
86,026
85th Avenue Emergency
Connection
63,530
Phase I Total
1,317,142
Phase II
Trails/Re ional connection
111,720
Restroom/concession
440,709
256,000-
256,000
Tot Lot
88,320
Picnic Shelter
103,098
Site Improvements
183,145
Maintenance Building
160,000
Landsca in /Irri ation
34,534
Gazebo
105,188
Phase 11 Total
1,226,714
,
Total Paid To Date
3,221,906
2,898,015
493,562*
140,000
353,562
* Interest not included
Engineer's estimate not available
City of Tigard/ARD Agreement March 18, 2003
Page 3
The two primary issues for Council consideration regarding the repayment schedule
are:
Whether to forgive interest on the principal balance for construction costs of the
concession stand/restroom facility and;
Whether to allow credits in the amount of $65,000 as requested by ARID
The proposed interest rate is based upon the same low graduated interest rate that the
City is incurring for the State funded OECDD loan for the development of Cook Park (3-
4.3%) with out any additional administrative fees attached.
Proposed Repayment Options
The City generated five (5) repayment options for ARID to consider in the repayment of
the principal amount of $353,562. At no time did staff advise ARID that interest would
not be charged or that credits would be given. The no interest and credit options were
presented as general discussion and to show Council the options available and their
financial impact. The proposed payment options are as follows:
Option 1 Payment of the full amount including interest plus a balloon payment in
2012. This option would include all principal, interest with no credit and
make the City whole again by paing the City $410,907.
Option 2 Payment is for the net amount including interest ($51,571.87 over ten year
period). Payments are per the ARD proposed payment schedule and
extended out to 2013. A credit for $65,000 is suggested for items
requested by ARD.
Option 3a Payment is for the net amount with no interest. Payments are per the
ARID proposed payment schedule without a balloon and extended out to
2013. A credit for $65,000 is suggested for items requested per letter
from ARD. Forgiven interest payments total $51,571.87 over ten years.
Option 3b Payment of the net amount with no interest. Payments are per the ARID
proposed payment schedule plus a balloon payment in 2012. A credit for
$65,000, suggested by staff, is given for items requested by ARID.
Option 3c Payment is for net amount including interest. Payments are per the ARID
proposed payment schedule and extended out to 2013. Total payment
each year includes principal and interest. A credit for $65,000 is
suggested for items requested by ARID.
City of Tigard/ARD Agreement March 18, 2003
Page 4
Outlined below in Table II are the five options and their financial impact
Credit
Total
Payment
Balloon
requested
Term of
Proposed
Amount
Interest
Pa ment
b ARD
Loan
Payments
Option 1
$353,562
$57,345
$78,811
$0
2012
$410,907
Option 2
(Adman
Pref.
$353,562
$51,572
$65,000
2013
$340,134
Option 3a
ARD Pref.
$353,562
$0
$65,000
2013
$288,562
Option 3b
$353,562
$0
$55,562
$65,000
2012
$288,562
Option 3c
$353,562
$64,985
$65,000
2013
$288,562
ARD reviewed the five options and preferred Option 3a which allows ARD to pay no
interest and receive $65,000 in credits. If interest payments totaling $51,571 are
forgiven, and credits totaling up to $65,000 are applied as requested, ARD would realize
a reduction in payments of $116,571.
Option 2 is the preferred repayment schedule for the City of Tigard as it allows for
payment of the principal balance including interest over a ten year period.
Administration recommends that the City extend to ARD certain credits as outlined
below.
The $65,000 credit amount being requested by ARD could be considered based upon
the following information provided by ARD.
ARD provides scholarships for low income players. These scholarships currently
cost ARD between $1 OK and $20K of lost potential revenue per year. ARD
anticipates that scholarships will continue to rise. (Recommend a one-time,
total credit of $15,000 be given)
• Upon completion of each of the following three (3) capital improvements (a, b &
c), the Atfalati Recreation District qualifies for an additional credit as set forth
below for each improvement.
a. For the purchase of portable backstops/goals/benches and bases,
pitching mounds, field lining, etc. (Recommend $12,500 credit)
b. For the installation of safety devices to prevent fly balls from going
into the parking lot. (Recommend $7,000 credit)
C. For replacing the aging backstops and dugouts at Cook Park
(Recommend $30,000 credit)
City of Tigard/ARD Agreement March 18, 2003
Page 5
Concession Stand Operation Discussion
As noted earlier, staff was directed to address the matter of operation of the Cook Park
Concession Stand. The intent of the agreement with ARD to operate the Cook Park
Concession Stand was to provide an environment in which ARD could successfully and
profitably operate the Concession Stand and to allow ARD to better meet their financial
annual obligations with the City.
ARD has prepared a preliminary draft document setting for the following:
• Dates and hours of operations
• Food and drink items to be served and proposed pricing-TBD
• Sale of apparel and souvenirs related to recreation activities
• Signage use within the concession stand and on its external surfaces
• The use of a sub-contractor to operate the concession stand
• Maintenance of the concession stand, immediate area around the
concession stand and equipment
• Repair of equipment within the concession stand
• Alterations and modifications to the concession stand structure
• Price increase guidelines
• Prohibition of the sale of alcoholic beverages and tobacco products
• Commitment by City to maintain incoming electrical, water, sewer connections
• Standard Agreement items
• Continuation of ARD ability to have other vendors present in Cook Park
• Will ARD pay all electric, water, sewer charges related to the concession stand?
This concession stand data prepared by ARD, is a preliminary document that they will
continue to update after their discussions with a concessionaire to complete prices for
proposed food and beverage menu. City Staff has not finalized negotiations with ARD on
this matter. The City's Risk Manager and Attorney will be asked to review and comment
on the final proposed version.
The staff recommendation is for Council to provide further direction for staff in preparing
the necessary addendums to the 1998 City/ARD Agreement for Council approval. One
addendum will finalize a repayment schedule approved by Council with a second
addendum to address and finalize the operation of the concession stand at Cook Park.
Staff will be presenting both addendums in final form based upon Council recommendation
at the March 25th meeting of City Council for adoption.
city of Tigard/ARD Agreement March 18, 2003
Page 6
Attachments:
1. City/ARD Agreement & Minutes - January 27, 1998
2. Finance Repayment Schedules (#1, #2, #3.a , #3.b, and #3.c)
3. ARD Proposed Concession Stand Agreement
4. Minutes/Summary Sheet/City Attorney Memo - March 12, 2002
5. 3/19/02 Council Summary Sheet re: Update to Council-sets forth Cook Park
Construction Phase I I I being incorporated into Phase II: and establishes the
concession stand/restroom building estimated cost at $440,709, Cook Park
Engineering, Planning, Park design, etc. costs paid by the City.
6. Memo dated 9-26-02 from Dan Plaza to Bill Monahan
City of Tigard/ARD Agreement March 18, 2003
Page 7
CITY OF TIGARD, OREGON
ORDINANCE NO. 98- 612
AN ORDINANCE APPROVING THE AGREEMENT BETWEEN THE ATFALATI RECREATION
DISTRICT, INC. AND THE CITY OF TIGARD AND AUTHORIZING THE CITY MANAGER TO
SIGN THE AGREEMENT ON BEHALF OF THE TIGARD CITY COUNCIL
WHEREAS, on July 22, 1997, the Tigard City Council, upon a motion and voice vote, approved the
proposed Agreement between Atfalati Recreation District, Inc. and the City of Tigard, and
WHEREAS, the Atfalati Recreation District President has signed the said Agreement, and
WHEREAS, Section 20 of the said Agreement provides that the Agreement shall be approved by an
Ordinance of the Tigard City Council.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby approves the Agreement between Atfalati Recreation
District, Inc. and the City of Tigard incorporated herein as "Exhibit A."
SECTION 2: The Tigard City Council hereby authorizes the City Manager to sign the Agreement
between Atfalati Recreation District, Inc. and the City of Tigard.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED:
APPROVED:
By ~ l)ll rl i (OOU i vote of all Council members present after being read by number and
title only, this~7 day of 1998.
Catherine Wheatley, City
By Tigard City Council this g day of
Appr ed as to f qrpi:
City Attorney,
/2 SAY
Date
i:Xadm\cathy\council\atfalord.doc
ORDINANCE No. 98-02-
Page 1
E?_:IBIT A
T-TIMD CITY ORDINANCE- NO. 98-
AGREEMENT
The City of Tigard, an Oregon municipal corporation ("City"). has purchased real property
defined as the Gray/ Lamb Cook Park Addition ("Property") as more =articularly described in the
attached Exhibit "A". for the sum of $300,000 and the Atfalati Recreation District, Inc., an Oregon
non-profit corporation ("ARD"), will be contributing the sum of S150.000 towards the purchase of
the Property as hereinafter set forth. The purpose of this agreement is to set forth the obligations,
rights, and responsibilities of the parties concerning the purchase of tbt Property, development of
the Property, improvements to the Property, maintenance of the Propery, and use of the developed
fields and the related facilities with this expansion of Cook Park in Tigard, Oregon.
The City and ARD (and its members Tigard Soccer Club [TSC] and Tigard Little League
[TLLD have an arrangement at present whereby TSC and TLL have priority during their seasons
for the use of the soccer fields and baseball/softball fields at the present park. The purpose of this
agreement is to acknowledge the equity position that ARD will have in the Property being
developed and that TSC and TLL will have a priority for the use of the developed Property during
their seasons and to acknowledge that TSC and TLL will continue to have priority on the existing
ball fields and soccer fields during the development of the Property. Tim purpose of this agreement
is not to reduce the present use that TSC and TLL have in the existing fields, nor is it to give
additional benefit as to use of the existing fields, but merely to acknowledge present use and
provide for future use of the developed Property.
Page 1 - AGREIIvIENT
The purpo` of this agreement is to also allow for the consolidation and coordinated use of
the present basebaL softball facilities at Cook Park, the existing soccer facilities at Cook Park and
the facilities to be developed on the Property. The cooperative efforts between the City of Tigard,
ARD, and the various recreational organizations that use the present facilities and the facilities to be
developed is desirable to maximize the use for existing organizations and future organizations.
The parties agree as follows:
1. Purchase of Real PronertY. The present members of ARD, TSC and TLL agree to
pay the City a minimum of $15,000 per year for a period of ten (10) years toward the purchase
price of the Properr for a total payment of $150,000. ARD shall have the right to prepay its
obligation at any time. The TSC and TLL are presently assessing their members a per-player fee to
fund this purchase. To the extent that there are assessed funds that have been collected by ARD for
this purchase in excess of $15,000 per year, ARD agrees to place these funds in a separate account
(the Fund), and said funds shall be used upon agreement between the City and ARD as to the use of
these funds for purchase, development, improvement and maintenance of the Property. The fast
payment shall be due August 1, 1997, and each payment thereafter shall be due on May 1 of each
year until the entire $150,000 is paid.
The city and ARD recognize that ARD is soliciting additional members to its organization.
It is agreed that should additional ARD members use the Property, they shall be assessed for the
use of the property and funds assessed shall go into the Fund provided for herein. It is further
Page 2 - AGREEMENT
anticipated by the City and ARD that there %vill be other uses for the fields to be- developed on the
Property and users fees charged and collected by the City and that the City will place these funds in
the development fund for the Property until the Management Committee ("Committee"), as
defused in Paragraph 2, has determined that the development called for in the 19997 Revised Cook
Park Master Plan ("Plan") has been substantially completed. At that time, the- use of these user
fees shall be renegotiated between the City and ARD.
2. Management Committee ("Committee". The Committee shall .consist of two (2)
City officials appointed by the City Council for the City, and two ARD representatives, one from
TSC and one from TLL, appointed by their respective boards. With input from City staff and the
boards, the development and improvement of the Property shall be the responsibility of the
Committee within the confines of the City. budget and funds becoming avaikable from various
sources. The Committee shall develop guidelines for use, scheduling, and maintenance of the
Property. Tigard's Department of Public Works shall be responsible for maintenance of the
facilities.
3. Mediation of Disagreements. The City and ARD agree that they will mediate any
disagreements (including those arising in the Committee) between them and will immediately
engage the services of a mediator to resolve their differences with reference; to development,
improvement, maintenance and use of the Property. Both parties acknowledge t1hat they may have
differences and agree in good faith to mediate and resolve all disputes having in [mind the protection
of the.fields and the use of the fields by the maximum number of participants fin the City and the
Page 3 - AGREEMENT
surrounding area. The mediation shall be by agreement in a form per the attached agreement which
is attached hereto as Exhibit "B."
4. Goals. The parties agree to the following goals:
a. To provide an area that can be used by a large number of people for other
City events such as the July 4 celebration and Tigard Festival of Balloons.
b. To provide additional soccer and baseball/softball fields for TSC and TLL
and other Tigard based youth and adult soccer and baseball/softball leagues
as well as providing these fields to the public (which may be on a fee basis).
C. To maintain all fields at Cook Park at a high quality by limiting their use by
rotation, and provide increased maintenance.
d. To attract large tournaments and other recreational uses for the Tigard
community. A portion of the income from the proceeds would be used to
maintain the fields.
e. To have fields in the city available to the general public for general
recreation.
f. To accomplish the fast five goals with lil-nited taxpayer money, but working
with the Cite to share parking, utilities, and combining the strengths of the
park and the fields.
5. Construction of Fields and Related Facilities. Subject to the availability of funds
ARD will construct appropriate fields on the Property. If the City builds additional facilities at
Cook Park, this Agreement may be modified to include the use and operation of those facilities.
Page 4 - AGREEMENT
The City and ARD agree that the improvements identified in the Plan for the development of the
Property benefit the TSC and TLL as well as the general public as a whole. Development and
improvement to the Property directly related to ARD and its membership lea_ues; i.e. playing
fields and parking (a percentage to be determined), and snack shacks (and the playground to service
the field) are the responsibility of ARD. The City shall be responsible for those linprovements that
primarily serve the general public; i.e., playing fields and parking (a percentage to be determined),
restrooms and pathways. The above are examples and other development projec-is on the Property
will be shared on a negotiated percentage basis between the parties.
6. Provision of Services to Property. City will provide electrical service, garbage
collection (including refuse cans and dumpsters), water and sewer service to Cook Park as
developed and expanded. City will provide ARD with access to the electrical panel for the sports
fields during the recognized season in return for reimbursement, according to a schedule established
by the City.
7. Payment of Costs for Annual Maintenance of Sports Fields. The Department of
Public Works shall be responsible for a base level of maintenance for the sports fields such as
mowing, watering, and fertilizing, etc., as determined in its annual budget process. If ARD wishes
a higher level of maintenance on the sports fields and related facilities than the City is providing,
then ARD may either provide such maintenance (with approval of the City) and be responsible for
the cost, or it may negotiate these services and costs on an annual basis with the City.
8. Maintenance and Repair of Facilities. During the recognized TSC and TILL
seasons, ARD shall remove all litter and garbage to approved receptacles provided by the City and
Page 5 - AGREEMENT
keep the Property in a clean and safe condition. ARD shall be responsible for lining all sports
fields. Whether fields are suitable for play on a day-to-&% basis shall be the sole decision of the
City's Public Works Director or designee. The City shall require any other user of the Property to
leave the Property in good condition and repair, including removal of liner and debris from the
Property when the use is completed. The City and ARD recognize a use of the fields is a resting
period for the fields, and that this resting and rejuvenation period for. the fields is to be considered
as a use of the fields when determining other uses of the fields.
9. Improvements. ARD may make temporary or permanent improvements to the
Property only with permission of the City Public Works Director consistent with the Plan and City
financial processes. The City gives permission to ARD to provide a snack shack for ARD sales
operation during the TSC and TLL recognized seasons. The City shall approve the type and
placement of any improvement, including a snack shack, and shall receive funds to cover the cost
of electricity to service the snack shack or actual cost as determined each year by the City's Public
Works Director. All improvements to the Property shall be constructed consistent with all local
and state legal requirements. Any improvement is the property of the City. Upon completion of
the Plan, the City shall adopt a financial plan to fund its obligations under this Agreement.
10. Priority in Use of Sports Fields. The City has the right to schedule community
events in Cook Park. The City and the Committee recognize that ARD has priority to use the
sports fields for conducting TSC and TLL activities during the appropriate recognized TSC and
TLL seasons. This priority of use allows ARD first option to use the sports fields and related
facilities during TSC and TLL recognized seasons. Other persons or entities desiring to use the
Page 6 - AGREEMENT
Property for any purpose during the recognized seasons would have secondary priorities.
Community events may preclude use of sports fields and related facilities by ARD; prior to
scheduling these events the Committee shall be consulted.
11. Scheduling Other Uses of Property. ARD shall provide the Committee with a
schedule of days and times of use and suggestions for field rejuvenation prior to February 1 of each
year. The City shall schedule ARD reservation for the Property and review and schedule ARD's
requests for other City fields. Reasonable use of the Property by other users consistent with ARD
recognized TSC and TLL seasons, will be scheduled by the City utilizing a permit process.
12. Insurance. ARD and/or the specific member will maintain, in full force and effect
during the term of this Agreement public liability and property damage insurance, including bodily
injury, property damage, and personal injury insurance, covering ARD's and/or its member
league's sponsored activities on the Property during the recognized sports seasons. This insurance
shall cover all claims which might arise from operations and activities under this Agreement or
pertaining to ARD's and/or its member league's activities directly and shall carry the City as an
"Additional Insured."
The insurance policy will be with a carrier allowed to transact business in Oregon. The
policy of insurance maintained by ARD ar-Wor its member league shall provide at least the
following limits and coverages: General Liability and Property Damage and shall have a minimum
liability of one million dollars for any one occurrence. ARD's and/or its member league's
insurance policy shall contain provisions that such policy shall not be canceled or their limits of
liability reduced without thirty (30) days prior written notice to the City Risk Manager. ARD
Page 7 - AGREEMENT
and/or its member league shall provide the City with Certificates of Insuran:t in a form satisfactory .
to the City certifyins the issuance of such insurance. The Certificates sha_ be forwarded to: Risk
Manager, City of Tigard, 13125 SW Hall Blvd., Tigard. Oregon, 97223. 5. !ch certificates must be
delivered prior to commencement of the terms of this Agreement.
The procuring of such required insurance shall not be construed to it-nit ARD's and/or its
member league's liability hereunder. Notwithstanding said insurance, ARD and/or its member
league shall be obligated for the total amount of any damage, injury, or loss caused by negligence
or neglect connected with this Agreement.
13. Cooperation in Parks Planning. City has and will continue to involve the
community in the planning for Cook Park, and design and construction or improvements to the
Property. The City, TSC, TLL, neighbors and others have participated as members of the Cook
Park Task Force. Through their efforts, and that of a consultant, the Plan has been developed.
Public meetings have been held throughout the process. In the future, City will give notice of
public meetings regarding its parks planning process, when revisions to the Plan are under
consideration.
14. Term. This Agreement becomes effective on the date it is signed by both parties
and will continue for a ten (10) year term which shall begin on August 1, 1997.
15. Ten Year Review and Termination of Agreement. Within a one-hundred and
twenty day (120) period prior to the conclusion of the initial ten (10) year cycle, and each ten (10)
year anniversary thereafter, ARD and City shall conduct a mutual review of this Agreement and
modify or terminate the Agreement if both parties determine that such a modification or termination
Page 8 - AGREEMENT
is in the public interest. If at any time the Agreement is terminated and the property remai:s
available for active recreational use by ARD, or the Property becomes unusable for recreation-.1
purposes, then no remuneration is required for either party. If at any time the Agreement :s
terminated and the Property will be unavailable for ARD use as outlined in this Agreement, their
the City will either dispose of the Property or provide ARD with a replacement facility equal to or
better than the Property. If a disposition of the Property occurs, the proceeds of the disposition
shall be split 50 per cent to the City and 50 per cent to ARD or its successors (after deduction of the
actual costs of disposition). This Agreement may also be terminated by either party for a material
breach of its terms. The non-defaulting party shall give a written notice of default and opportunir:
to cure at least thirty (30) days before terminating the Agreement for cause. Upon termination.
ARD shall remove all of its equipment from the Property and leave the premises in good order and
repair.
16. Entire Agreement. This Agreement is the entire agreement between the parties.
Except as provided in Paragraph 16, any modification to this Agreement must be in writing and
approved by both parties.
17. No Partnership. ARD and the City are not partners or joint venturers. Neither
party is responsible for the actions of the other in the use of the Property.
18. Anti-Assignment. This Agreement may not be assigned by either party without
written consent of the other party.
19. Public Contracts Requirements: Anti-Discrimination. The City agrees to compiv
with the provisions of ORS 279.310 to 279.320, relating to mandatory provisions in public
Page 9 - AGREEMENT
contracts relating to payment of laborers, payment of claims, environmental and natural resources
laws and other matters, which statutes are incorporated herein for improvements undertaken by the
City. The City and ARD agree not to discriminate in the scheduling or use of the Property against
persons on the basis of race, religion, color, national origin, sex, age, marital status, disability, or
political affiliation.
to Execute Aureement. This Agreement shall be approved by an
20. Authon
ordinance of the Tigard. City Council. ARD represents that the person signing the Agreement
on its behalf has authority to sign the Agreement. dam`
rI-rz,AHY/ lgg'P
DATED this p day a4kugmt,-i~-
ATF REC DIS 7 , INC.
CITY OF TIGARD
sy: By'
As its:
As its:
i:\adw& thYWm--zlad9afi.d-
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Page 10 - AGREEMENT
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EXHIBIT "B" -
=o^~ 15-2 agreement ~o Media__
AGc EM'K NT T:, M= IATr•
This is an Agreement between : * ] and [ • ] and [ * ] ,
her einafte= the "mediator, • to enter into mediation with. the
i:tent of resolving the following -ssues: [
The parties and the mediator __--de=stand and agree as
follows:
1. Nature of Mediation
The pa._-cies hereby appoint and retain [ • ] as 72~-- -
mediator . for their negotiations. The patties ' understand that
mediation is am agreement-reaching process, in which the mediator
a-ists parties to reach agreement im a collaborative,
consensual, and informed manner. It is understood that ti-e
mediator has no power to decide disputed issues for the : a:--`ies .
The pa.--ties understand that mediatica is not a substitute for
independent legal advice. The parties are encouraged to secure
such advice throughout the mediation process and are strongly
advised to obtain independent legal review of any formal mediated
agreement before sign: flg that agreement. The mardies enders `arid
:tat the :mediator's objective is to _aculitate the ma=ties
:hemselves =eaching their most constructive and fairest
,g--e_ment. The pasties also understatd that the mediator has an
:bl:gation to work on be_}ialA. of each party equally and t at the
.ediator can-.Iot render ind?v:dual legal advice to any pasty and
i_ not render therapy or a=bi_=ate within the mediatior-.
Scope e: Mediation
The Parties understand Char it is for the parties, with the
mediator's c^ncux-zence, to dete.znine the scope of the mediation
and this will be accomplished early in the mediation process.
3. Mediation is Voluntary
A11 parties here state their good-faith intention to
complete their mediation by an agreement. it is, however,
understood that any party may withdraw from or suspend the
mediation process. at any time, for any reason-
The parties also understand that the mediator may susbend or
terminate the mediation if the cediator feels that the mediation
will lead to an unjust or unreasonable result; if the mediator
feels that an impasse has been reached; or if the mediator
,eteraines that he or she can nc long effectively perform. a
facilitative role.
4. Confidentiality
it is understood between the panes and the mediator that
the mediation will be strictly confidential. Mediation
discussions, any dL-aft resolutions, and any unsigned mediated
agreemencs shall not he admissi:,_e in a.'ly court proceeding. only
a mediated ag_ eemenc s=cried by any ca=nes may be so admissible.
The pasties further agree to not call the mediator to testify
concern-:g the mediation or to provide any materials from the
mediation in a-iy court proceedi_ c between the parties. The
r. 'ration is considered by the par=ies a-nd tae mediator as
settlement negotiations. All parties also understand and agree
that the mediator may have private caucus meetings and
discussions with any individual party, in which case all such
meetings and discussions shall be confidential between the
mediator and the caucusing party. The mediator may, however, have
certain statutorily or judicially required reporting obligations,
such as reporting a reasonable belief that child abuse has taken
place or to speak up to protect one party from another if
substantial physical harm•is a concern.
5. FU11 Disclosure
Each party agrees to fully and honestly disclose all '
relevant information and writings as requested by the mediator
and all information requested by any other party, if the mediator
determines that the disclosure is relevant to the mediation
discussions.
6. Mediator Impartiality
The parties understand that the mediator must remain
impartial throughout and after the mediation process. Thus, the
mediator shall not champion the interests of any party over
another in the mediation or in any cout't or other proceeding. The
parties agree that the mediator may discuss the parties,
mediation process with any attorney any party may retain as
individual counsel. Such discussions will not include any
negotiations, as all mediation negotiations must involve all
parties directly. The mediator will provide copies of
_==respondence, d:a-ft agreements, and w=itcen documentation to
.:dependent legal counsel at a party's request. The mediator may
ccmmunicace separately with an individual mediating party, in
which case such 'caucus" shall be confidential between the
mediator and the individual mediating party, unless agreed
oc erwise by all parties and the mediator.
7. Mediation Fees
The parties and the mediator agree that the fee for the
mediator shall be $ per hour for time spent with the parties
and for time required to study documents, research issues,
correspond, telephone call, prepare draft and final agreements,
and do such other things as may be reasonably necessary to
-ilitate the parties reaching full ag:-eement. The mediator
shall also be reimbursed for all expenses incurred as a pa--t of
the mediation process.
A payment of toward the mediator's fees and expenses
shall be paid to the mediator along with the signing of this
ag.-reement. Any unearned amount of this- retainer fee will be
_e u-nded to the pa--ties. The parties shall be jointly and
severally liable for the mediator's fees and expenses. A.s between
:e =a:=;es only, responsib_? itv or mediation fees and e--cmenses
sna? 1 be: .
The parties will be provided with a monthly accounting of
fees and expenses by the mediator. Payment of such fees and
e.penses is due to the mediator no late= tza_n 15 davs =allowing
t:._ date of such billing, unless otherwise agreed writing.
S::ou'_d =a:nnenc. not be ti.ae'_y made, zhe- mediator may, in his
her sole discretion, stop all work on behalf of the parties,
includir,g t.-.e d:afti:zg azid/or distribution or the parties,
agreement, and withdraw from the mediation. If collection or
court action. is take: by the mediator to collect fees and/or
expenses under this agreement, the prevailing party in any such
action and upon any appeal therefrom shall be entitled to
attorney fees and costs therein incurred.
DATc--D : , 19 _
C_~ent
Client
Mediator
TIGARD CITY COUNCIL
MEETING MINUTES -JANUARY 27, 1998
• STUDY SESSION
> Meeting was called to order at 6:30 p.m. by Mayor Jim Nicoli
> Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken
Scheckla.
> Staff Present: City Manager Bill Monahan; Community Development Director Jim
Hendryx; Chris Huber; Asst. to the City Manager Liz Newton; and City
Recorder Catherine Wheatley.
> Executive Session
The Tigard City Council labor relations, real property trap actilons, current andORS
192.660 (1) (d), ( (ee)), , & & ( ) to disc
pending litigation issues.
> Executive Session adjourned at 7:30 p.m.
> Mayor Nicoli reconvened the study session.
> Agenda Review
Bill Monahan, City Manager, made several announcements. The Visioning Open House
would be held at the Water Building on Thursday from 7 to 9 p.m. There was no Council
meeting on February 3. The Water meeting was on Wednesday, February 4, from 7 to 9 p.m.
The February 10 meeting was a ceremonial meeting with pictures. Councilors wishing to attend
the First Niters Banquet on Friday, February 27, should RSVP to the City Recorder by February
16. Two newly promoted police lieutenants, John Nersky and Rick Rhodes, would be sworn in
next Monday at 2:30 p.m.
Mr. Monahan requested a study session after the regular meeting to discuss a problem staff was
finding with accessory buildings built before the codes and right up against the property line,
making them illegal under current codes.
1. BUSINESS MEETING
• Call to Order - City Council & Local Contract Review Board
Mayor Nicoli called the business meeting to order at 7:40 p.m.
• Council Communications/Liaison Reports
Councilor Scheckla announced a workday at Villa La Paz this Saturday beginning at 12:00
p.m. sponsored by Community Partners for Affordable Housing. Any volunteers would be
welcome.
0 Call to Council and Staff for Non-Agenda Items
The City Recorder read the number and title of the resolution.
T
RESOLUTION NO. 98-05, A O PROVIDE FUNDING FOR THELNEW Y APPPRO ED VBUDGET OLUNTEER COORDINATOR2
TO PRO
POSITION.
Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Rohlf and Scheckla voted "yes.")
10. CONSIDER ORDINANCE APPROVING DISTRICT AND THE CITY OF TII
RECREATION GARD AND AUTHORIZING THE CITY MANAGER TO SIGN SAID AGREEMENT
Mr. Monahan explained that the Atfalati Recreation District has approved signing the agreement
and returned it to Council for the City's signature. He said that there were no changes in the
language and recommended that the Council authorize him to sign the agreement so they could
begin working with the District representatives on the Cook Park expansion.
Motion by Councilor Moore, seconded by Councilor Hunt, to approve Ordinance No. 98-
02.
The City Recorder read the number and title of the ordinance.
ORDINANCE NO. 98-02, AN ORDINANCE APPROVING THE AGREEMENT BETWEEN AND
THE AIZTHE CITYTMANAGER TO S GN THE AGREEMENT ON BEHALF F
AUTHORIZING
THE CITY COUNCIL.
Mayor Nicoli mentioned that Atfalati was the name of a Tualatin Valley Indian tribe.
Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli,
Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.")
d
1n~ CONSIDER ATFALATI MANAGEMENT COMMITTEE APPOINTMENTS
Mr. Monahan explained that the Atfalati agreement called for a committee made up of two city
officials and two District representatives to work together to plan for the development and
improvement of the Cook Park expansion. He said that the District would provide around
$15,000 a year in funding plus in kind services for development of the property. The two
District representatives were Dave Nicoli and Gary Stevens.
Mr. Monahan referenced the staff memo recommending Ed Wegner and Jeff Munro as the City
representatives. However the Council could appoint Councilors if they wished. Councilor Hunt
expressed his concern at overloading Mr. Wegner who was also working on water supply issues.
Mr. Monahan said that Mr. Wegner volunteered. Mayor Nicoli suggested appointing Councilor
Hunt as an alternate for Mr. Wegner to step in if Mr. Wegner got too busy.
The Council discussed who to appoint as an alternate. Councilor Hunt spoke for appointing ir con but
John Roy. Ed Wegner, Public Works Director, thanked the Council fs at heir desce and ign explained that heintended to sOnce that was completed, Mr. Roy would be a more appropriate
policy/program development.
representative. He commented that since he began his career in Parks and Recreation, he was
interested in being a part of this.
Motion by Councilor Hunt, seconded by Councilor Moore, to forward the approval of the
staff recommendations.
Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Rohlf and Scheckla voted "yes.")
12. PRESENTATION: METRO STREAM AND FLOODPLAIN PROTECTION PLAN
Mr. Hendryx introduced Mark Turpel, Metro Interim Director for the Growth Management
Program. Mr. Turpel was here to discuss Title 3 and the model ordinance.
Mayor Nicoli asked if the model ordinance was the same as the process Tigard went through
during the past two years to develop a plan to protect its streams. Mr. Turpel said that it was
not.
Mr. Turpel reviewed the growth management work done by Metro since the 1995 adoption of
the 2040 growth concept for the region. He said that the model ordinance dealt with the water
quality and flood protection element of the Functional Plan or Title 3. He stated that Tigard's
Safe Harbor ordinance dealt with wildlife habitat in the watershed, and thus was different from
this ordinance. He conceded that they were related items.
Mr. Turpel said that the model ordinance was intended to give local jurisdictions a second way
to implement the Functional Plan standards for water quality and flood protection. Jurisdictions
could demonstrate that they met the basic performance standards or they could use the model
ordinance as a "cookbook version" modified to meet their individual situations. He reviewed
the membership of the Water Resources Policy Advisory Committee that developed this
ordinance, including representatives from local water, sewer, and storm water providers, state
and federal agencies, and environmental organizations.
Mr. Turpel stated that MPAC would receive the model ordinance tomorrow night and debate it
in February. He mentioned that he had Tigard's December 9 letter to Mayor Drake listing their
concerns. He noted the open houses held on this issue, with the next one scheduled for this
Saturday in Oregon.City.
Councilor Hunt asked if the work the City did on the Safe Harbor ordinance was negated by
Metro's plan. Mr. Turpel said that, as he understood it, Metro's work was in addition to the
City's work on protecting wildlife habitats in stream corridors. He confirmed that Tigard had to
comply with both the Safe Harbor ordinance and the Metro Title 3 provisions.
Mayor Nicoli mentioned that he has not read the proposed wording of the model ordinance. He
stated that as Tigard went through the Safe Harbor ordinance process, they realized that they had
so many pre-existing conditions that if they set the boundaries too high, they effectively
rendered many single family homes non-conforming, thus prohibiting remodeling or rebuilding
in the event of fire. He said that they found a positive way to deal with that issue yet protect
streams overall.
Mayor Nicoli stated that unless the ordinance included options to deal with the pre-existing
cases and the people damaged by the provisions, he doubted that Metro would receive the
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From: "John Anderson" <jrander
To: "'Daniel Plaza"' <Daniel@ci ti¢ard or•us>
Cc: < f~fieen` out ldesocc
"'Jarrett Rose"' <roseJ a@teleport,com>,
"'Dave Nicoli"' <dnicoli d nicoIi.com>
Subject: Cook Park - final version of the DRAFT Concession Stand agreement
Date: Sat, I Mar 2003 17:06:53 -0900
Dan,
The attached PDF file contains the final version of the proposed tand. agreement for ARD to op~~a he the Cook ark
ket foPthe Marchsl8 Crty Counc lase
include •'s doc~.ment pz
workshop meeting.
Page 1 of 1
3!3/03
Cook Park Concession Stand
Proposed Concession Agreement between ARD and the City of Tigard
08-Dec-02, REVISED: 25-JAN-03, 29-JAN-03, I-MAR-03
IMPORTANT NOTICE REGARDING DOCUMENT
This document is a "work in progress". It represents the efforts of John R. Anderson
using input from representatives of Tigard Little League and Southside Soccer Club. A
lawyer has not reviewed this document. This document may not be complete.
The Atfalati Recreation District (ARD), a non-profit Oregon organization, is comprised
of Southside Soccer Club and Tigard Little League. ARD entered into an Agreement in
1997 with the City of Tigard to participate in development of recreation facilities within
Cook Park. The 1997 Agreement included provision to allow ARD operation of a
concession stand within the Park. This document will establish the guidelines »nder
which ARD will operate that concession stand.
The document covers the following areas:
• Dates and Hours of operation,
• Food items to be served and proposed pricing,
• The sale of apparel and souvenirs related to recreation activities,
• Signage use within the concession stand and on its external surfaces,
• The use of a sub-contractor to operate the concession stand,
• Maintenance of concession stand and equipment within,
• Repair of equipment within concession stand,
• Alterations and modifications to concession stand structure,
• Commitment by City to maintain incoming electrical, water, sewer connections,
• Price increase guidelines,
• Prohibition of the sale of alcoholic beverages and tobacco products, and
• Continuation of ARD ability to have other vendors present in Cook Park.
The document will refer to so-called "standard agreement requirements" such as:
• Liability insurance,
• Hold Harmless clause,
• Worker's Compensation,
• Indemnification,
• Independent Contractor status,
• Appliances (type and approval procedure),
• Conditions of operations,
• Rights reserved by the City,
• Inspections and permitting,
• Licenses, Fees, and Compliance with Laws/Regulations (applicable City codes),
• Agreement period,
• Responsibilities of ARD, City, and Concessionaire,
• Periodic sales reports to be produced for the benefit of the City,
• Determination of responsibility for gas, electricity, water, sewer, phone, and
• All other items deemed appropriate by the City or ARD to be included in this
agreement.
C:\My Documents\Cook Park expansion\Concession stand agreement proposal.doc
Last Edit: 3/1/2003 4:53 PM Page 1 of 6
Cook Park Concession Stand
Proposed Concession Agreement between ARD and the City of Tigard
08-Dec-02, REVISED: 25-JAN-03, 29-JAN-03, 1-MAR-03
All parties agree the intent of this agreement is to provide an environment in which ARD
will successfully and profitably operate the concession stand such that ARD is able to pay
its yearly financial commitment under the 1997 Agreement and 2002/2003 agreements.
Proposed Dates and Hours of operation
NOTE: Evening closing hour will be determined by Park closing hour. Snack
shack will close one hour before dark to allow adequate clean-up time. ARD will
operate an abbreviated schedule during the first year of operation.
Date Range 1: April 1 through June 15 (spring operation)
Mon-Fri: 3P-one hour before dark (6PM to 8PM range)
Saturday: 8AM- one hour before dark (6PM to 8PM range)
Sunday: L OAM- one hour before dark (6PM to 8PM range)
Date Range 2: June 16 through September 10 (summer operation)
Mon-Fri: 11AP- one hour before dark (7PM to 9PM range)
Saturday: 8AM- one hour before dark (8PM to 9PM range)
Sunday: LOAM- one hour before dark (8PM to 9PM range)
Date Range 3: September 11 through October 31 (fall operation)
Mon-Fri: 3P-one hour before dark (6PM to 7PM range)
Saturday: 8AM- one hour before dark (6PM to 7PM range)
Sunday: LOAM- one hour before dark (6PM to 7PM range)
The following list of food, snack, apparel and souvenirs is
representative and is not inclusive of all items for sale at the
concession stand.
]Food items
[We will need help from the concessionaire on pricing.]
Sandwiches
Hot dogs
Hamburgers
Chicken sandwich
Chicken fingers
Meatless burgers
Deli style items
Specialty seasonal items
Barbecued items cooked on BBQ grill outside of concession stand
Other sandwich related products to be determined
C:\My Documents\Cook Park expansion\Concession stand agreement proposal.doc
Last Edit: 3/1/2003 4:53 PM Page 2 of 6
Cook Park Concession Stand
Proposed Concession Agreement between ARD and the City of Tigard
08-Dec-02, REVISED: 25-JAN-03,29-JAN-03, 1-MAR-03
Beverages
Soft drinks: small, medium, large
Coffee: regular and decaf, small, medium, large
Bottled Water
Sports drinks
Hot chocolate
Espressos
Lattes
Other beverage related products to be determined
Chips, Ice Cream, and other items
Doritos
Potato chips
Sour Cream and Onion
Barbecue
Frito-Lay products
Sunflower seeds
Ice cream bars
Soft pretzels with & with out cheese sauce
Chili
Other chip related products to be determined
Candy
Snickers
Air Heads
Milky Way
Licorice
Mints
Gobstoppers
Payday
Pepperoni sticks
Cookies
Taffy products
Caramel corn
Jolly Ranchers
Twix
Kit Kat
M&M's
Skittles
Starburst
Other candy related products to be determined
CAMy Documents\Cook Park expansion\Concession stand agreement proposal.doc
Last Edit: 3/1/200 4:53 PM Page 3 of 6
Cook Park Concession Stand
Proposed Concession Agreement between ARD and the City of Tigard
08-Dec-02, REVISED: 25-JAN-03,29-JAN-03, 1-MAR-03
Popcorn
Plain
Buttered
Other popcorn related products to be determined
Other
Corn dogs
Snack Shack "cards" - pay $8 to $10 for a card that is stamped for each purchase you
make.
Round Table.pizza cards
Albertson's Scrip cards - to be given away
Other miscellaneous products to be determined
Apparel and souvenirs related to recreation activities
Sweatshirts
Sweat pants
Caps and hats
Bracelets and other small novelty items
Belts
Athletic shoes
All items may have athletic club logo affixed
Water bottles
T-shirts
Jackets
Pins
Buttons
Key rings
other apparel, souvenir, and novelty products to be determined
ji Signage use within concession stand and its external surfaces
a
Food pricing charts with approved advertising logo.
Apparel pricing charts with approved advertising logo.
Thermometers with approved advertising logo.
Date/time displays with approved advertising logo.
Athletic club seasonal sign-up promotional signs.
Other appropriate signage
Use of sub-contractor to operate the concession stand
ARD intends to operate the concession stand under an agreement with an appropriately
licensed concessionaire. ARD understands that its agreement with the concessionaire
must include all applicable provisions necessary to meet City, Washington County, and
State of Oregon rules and regulations.
C:\My Documents\Cook Park expansion\Concession stand agreement proposal.doc
Last Edit: 3/1/2003 4:53 PM Page 4 of 6
Cook Park Concession Stand
Proposed Concession Agreement between ARD and the City of Tigard
08-Dec-02, REVISED: 25-JAN-03, 29-JAN-03, I-MAR-03
Maintenance of the concession stand and equipment within
ARD or its concessionaire is responsible for the maintenance and upkeep of equipment
that either it or its concessionaire installs and operates within the concession stand. The
City is responsible for the maintenance and upkeep of any equipment installed by the
City or by contractors working under an agreement with the City. Any damage to City
owned or controlled equipment will be borne by ARD or its concessionaire upon
determination that ARD or its concessionaire was responsible for the damage. The
cleaning of plugged sewer lines is the responsibility of ARD or its concessionaire unless
the plugged condition was due to faulty installation of the sewer components or
stoppages unrelated to actions by ARD or its concessionaire.
Repair of equipment within concession stand
ARD or its concessionaire is responsible for timely repair of equipment that either it or its
concessionaire installs and operates within the concession stand. The City is responsible
for the timely repair of any equipment installed by the City or by contractors working
under an agreement with the City.
Alterations and modifications to the concession stand structure
From time to time, it may become necessary to alter or modify an existing component of
the concession stand in order to provide for improved safety, more efficient operations,
improved revenue flow, or reduced operating expenses. Either the ARD or the City may
make proposals for such alterations or modifications. Such proposals shall be discussed
between ARD and the City and appropriate decisions reached as to an approved course of
action. These discussions will also provide an agreement upon the financial commitment
by ARD and/or the City to pay for the alteration or modification.
Commitment by City to maintain incoming gas, electrical,
water, sewer, and phone connections
Continuous availability of gas, electricity, water, sewer, and phone connections is critical
to successful operations of the concession stand. City agrees to take all reasonable
actions necessary to maintain continuous operation of these items if disruption of services
is within the jurisdiction of the City. The City also agrees to work closely with
appropriate public agencies if the disruption is outside the jurisdiction of the City.
Price increase guidelines
From time to time, ARD or its concessionaire may desire to modify pricing for existing
sale items. ARD and its concessionaire agree to notify the City of intended price
modifications within the guidelines contained in the City codes.
C:\My Documents\Cook Park expansion\Concession stand agreement proposal.doc
Last Edit: 3/1/2003 4:53 PM Page 5 of 6
Cook Park Concession Stand
Proposed Concession Agreement between ARD and the City of Tigard
08-Dec-02, REVISED: 25-JAN-03, 29-JAN-03, 1-MAR-03
Prohibition of sale of alcoholic beverages and tobacco products
ARD and its concessionaire agree that no tobacco products, alcoholic beverage or food
item with "alcoholic content", defined by the State of Oregon, will be sold/disbursed
from the concession stand.
Continuation of ARD ability to have other vendors present in
Cook Park
From time to time, ARD may bring in vendors as necessary to support additional demand
for foods, beverages, novelties, and apparel. For example, tournaments attract a much
larger attendance than normal day-to-day operations. In addition, vendors may sell items
such as snow cones, pizza, etc as team fundraisers.
Standard Agreement Items
ARD understands the final agreement between ARD and the City will contain standard
legal language concerning the following items. ARD will review these standard items
and reserves the right to propose alterations to the final wording for each item.
a Liability insurance,
• Hold Harmless clause,
• Worker's Compensation,
• Indemnification,
• Independent Contractor status,
• Appliances (type and approval procedure),
• Conditions of operations,
• Rights reserved by the City ,
• Inspections and permitting, (applicable City codes),
• Licenses, Fees, and Compliance with Laws/Regulations (app ty
• Agreement period,
• Responsibilities of ARD, City, and Concessionaire,
• Periodic sales reports to be produced for the benefit of the City, • Determination of responsibility for utilities; gas, electricity, water, sewer, phone,
and
• All other items deemed appropriate by the City. or ARD to be included in this
agreement.
C:\My Documents\Cook Park expansion\ of 6 n stand agreement proposal.doc
Last Edit: 3/1/2003 4:53 PM Page 6
AGENDA ITEM #
FOR AGENDA OF 3/12/02
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Discuss options available for Cook Park Concessions Operations
PREPARED BY: Dan Plaza DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Discuss options available for Cook Park Concessions Operations.
Council is being asked to consider this item since the City has several concession operation options, which will
require City Council direction. Two of our options would be to seek an RFP, awarding a concession contract to a
sole vendor, using an exemption to the competitive bidding requirements, or preparing a supplement (addendum) to
the Atfalati Recreation District Agreement.
The options to be considered by Council are:
• Offer to the State Commission for the Blind, the opportunity to provide vending services in Cook Park;
• Have a competitive solicitation process (either an invitation to bid or a request for proposals), in which the City
would provide the solicitation to the Commission, making sure that the Commissiou is informed of the
opportunity to submit a bid or proposal and that a contract will be awarded, as required by ORS 346.530
• Use an exemption to the competitive bidding requirements, without giving the Commission the first opportunity
to present an offer, (possible exemptions include contracts under $25,000, contracts with other public agencies,
and, arguably, personal services contracts); or
• Work with the City Attorney to prepare a supplement (addendum) to the Atfalati Recreation District
Agreement, dated 2/2/98, to provide more detail (as contemplated in the agreement) concerning the
construction and operation of a concession stand at Cook Park. As an agreement among property owners
relating to management of the real property, it should not be subject to public contracting rules and should
avoid problems with ORS Chapter 346.
STAFF RECOMMENDATION
Staff recommendation would be for City Council to direct staff to work with the City Attorney on preparation of a
supplement (addendum) to the Atfalati Recreation District Agreement to provide more detail (as contemplated in
the agreement) concerning the construction and operation of a concession stand at Cook Park.
INFORMATION SUMMARY
It has recently come to the City's attention that there is a State Statute (ORS 346.510 through 346.570) that states
that the Oregon Commission for the Blind has preference in operating concession stands in a City Park.
The Commission for the Blind currently operates the vending machine service provided by the City of Tigard. The
fact that the City is currently using the Commission for the Blind to operate the City's vending machine service led
to the question regarding the operation of a concession stand by the Commission for the Blind in a City Park
(specifically Cook Park). In 1998, when the City and the Atfalati Recreation District entered into the agreement,
dated 2/8/98, the City had no knowledge of the Commission for the Blind preference statutes.
A memorandum, dated 1/27/02 from the City's Attorney discussed the issue of "Do ORS 346.510 through 346.570
require the City to use the Oregon Commission for the Blind to operate a concession stand in a City Park? "
The Attorney's analysis states, in part, "ORS 346.510 through 346.570 apply to `vending facilities' on public
property. `Vending facility' is broadly defined to include not just vending machines but `cafeteria or snack bars for
the dispensing of food stuffs and beverages' as well. ORS 346.510 (2). A concession stand is within the definition
of vending facilities, and a City Park qualifies as public property. Therefore, these statutes would apply to a
concession stand in a City Park."
On February 2, 1998, the City entered into an agreement with the Atfalati Recreation District (ARD). The purpose
of the agreement is to set forth the obligations, rights, and responsibilities of the parties (ARD & City of Tigard)
concerning the purchase of property, development of property, improvements to property, maintenance of property,
and use of developed fields and the related facilities with the expansion of Cook Park. One of the improvements to
the property was the development of a "snack shack". The City gave permission to ARD to provide a snack shack
for ARD sales operation during the soccer and little league seasons. ARD plans to use the income from the snack
shack to help pay for ARD's share of the purchase and development of property at Cook Park. The City Council
approved the agreement with the Atfalati Recreation District by approving Ordinance No. 98-02, dated January 27,
1998. The approval of this Ordinance set in motion an agreement that called for ARD to share in the development
costs of a new concession stand at Cook Park which would then be operated by ARD to help fund ARD's financial
commitments (debt service) as set forth in the agreement. According to the City Attorney, "The agreement was not
a contract for vending services on City property by an agreement delineating the respective rights of ARD and the
City in the property. The City and ARD can supplement the agreement without violating public contracting law."
Again, this issue has been raised because Atfalati Recreation District wants to operate the new concession stand at
Cook Park in order to generate funds necessary to fund ARD's financial commitments (debt service) as set forth in
the agreement with the City. Phase H of the Cook Park expansion project is currently out to bid. Therefore,
Council direction is needed on the recommended option because Council's decision will impact the bidding for the
construction of the concession stand.
OTHER ALTERNATIVES CONSIDERED
• Remove the construction of a concession stand from the Phase II construction of Cook Park
• Opt to have City staff operate a concession stand at Cook Park.
RAMIS
CRIM
CORRIGAN &
uAr_HRACH. LLP
Practicing as
Hibbard Caldwell Schu
Ramis & Crew
in Oregon City
ATTORNEYS AT LAW
1727 N.W. Hoyt street
Portland, Oregon 97209
(503) 2224402
Paz: (503) 243-2944
TO:
FROM:
DATE:
RE:
MEMORANDUM
John Roy, Facilities Manager, City of Tigard
Crary Firestone, City Attorney's Office
February 20, 2002
Concession Stand in Cook Park
This memorandum is a follow-up to the previous memorandum dated January 27, 2001, regarding
vending services.
ISSUES
1. What approaches can the City take to the provision of vending services in Cook Park,
assuming that the vending services will be operated pursuant to a public contract entered
into between the City and the person or entity providing the services?
2. Are there alternative approaches to the operation of a concession stand in Cook Park that
do not treat the agreement to operate the stand as a public contract?
3. What is the effect of the February 1998 agreement with Atfalati Recreation District?
ANSWER
Assuming that the agreement for operation of the concession stand will be considered a public
contract, the City will have three basic options. The City has a fourth option that is based on Atfalati's
interest in the property as an equitable owner. Option 1 under public contracting law is to offer to the
state Commission for the Blind the opportunity to provide vending services in the park. If the
Commission wants to provide 'the services, the City would then enter into an agreement with the
Commission. Because the Commission is a public agency, the contract would be exempt from
competitive solicitation rules. If the Commission is not interested, the City could then enter into a
contract pursuant to its normal public contracting rules.
Memorandum re: Concession Stand in Cook Park
February 20, 2002
Page 2
Option 2 is to have a competitive process in which the city issues an invitation to bid or a request
for proposals, providing the ITB or RFP to the Commission, with an express invitation to submit a bid
or proposal and notifying the Commission that the City will be entering into a contract for the concession
stand, including vending services. If the Commission submits a bid or proposal and the City awards the
contract to someone other than the Commission, the City would have to notify the Commission of the
award and the reason the contract was not awarded to the Commission. Cost to the City is a sufficient
reason to not award the contract to the Commission.
Option 3 is to use an exemption to the competitive bidding requirements, without giving the
Commission the first opportunity to present an offer. If the City adopts this approach, it will have to
provide the Commission with notice at least 30 days prior to the date it enters into the contract and must
give the Commission the opportunity to match the offer. Possible exemptions include contracts under
$25,000, contracts with other public agencies, and, arguably, personal services contracts.
The City has authority under TMC 7.52.080(a) to issue permits for concessions. However, the
City can recoup only its costs in the permit fee. The City could couple the concession permit with a lease
in which the City could (and should) maximize the income to the City. However, if the existing
agreement with Atfalati Recreation District (ARD) did not exist, the City would have a difficult time
justifying a lease if it is not entered into by some type of competitive process. The lease could be
considered a lease of a "public improvement," which would make the lease a public contract, or the lease
could be considered a public contract ifthe amount ofthe lease payments were dependent on the volume
of business. Furthermore, the permit to operate the concession stand and possibly the lease would be
subject to the rules giving the Commission for the Blind a preference in providing vending services on
public property. If this approach is used, the City would have to determine what the best deal is that it
can reach with a prospective tenant/permittee and determine whether the Commission is able to match
the offer. This approach could lead to legal challenges. However, the existing agreement with ARD
creates options that otherwise would not be available.
Option 4 is to supplement the existing agreement with ARD as a contract that is not a "public
contract." In 1998, the City entered into an agreement with ARD. That agreement recognized that
ARD has an equitable ownership interest in the Cook Park addition. The agreement was not subject to
the public contracting rules because it relates to real property rather than to goods or services. The
agreement gives the right to a "snack shack," but in the context of ARD's equitable property rights.
Although the Commission could take the position that the City violated ORS 346.530, this was not a
contract for vending services on City property but an agreement delineating the respective rights of ARD
and the City in the property. The City and ARD can supplement the agreement without violating public
contracting law and should be able to avoid violating the Commission's preference.
Memorandum re: Concession Stand in Cook Park
February 20, 2002
Page 3
ANALYSIS
Options Under Public Contractin¢ Law
Option I
One option is simply to offer the Commission for the Blind the opportunity to provide vending
services and enter into an intergovernmental agreement with the Commission. This would satisfy the
statutory preference given to the Commission (ORS 346.510 through 346.570) and would also come
within the exemption to public contracting rules for agreements entered into with other government
agencies. ORS 279.015(a); AR l0.010.l.a.
If the Commission decides not to offer to provide the vending services, the City would then be
able to enter into an agreementwith another party under the public contracting rules (including applicable
exemptions).
Option
The second option is to have a competitive solicitation process (either an invitation to bid or a
request for proposals), in which the City would provide the solicitation to the Commission, making sure
that the Commission is informed of its opportunity to submit a bid or proposal and that a contract will
be awarded, as required by ORS 346.530. If the contract is then awarded to someone other than the
Commission, the City would have to provide notice to the Commission of the award and the reason why
the Commission did not get the contract. ORS 346.530(2). A difference in terms and conditions is a
sufficient justification. See ORS 346.530(2)
Option 3
T he third option under the public contracting rules is to award the contract under an exemption
provided in the public contracting rules. Under this option, the Commission would have to be given the
opportunity to obtain the contract on the same terms as the person awarded the contract. This easiest
way to do this is simply to determine what the best deal for the City is and give the Commission the
opportunity to match the deal. The City would have to make sure that the Commission is given notice
of the contract 30 days before it is entered into, and, if the Commission makes any offer, provide the
Commission with a justification for not awarding the contract to the Commission. ORS 346.530.
Several options to proceed under an exemption may be possible. The City could enter into an
agreement with another government agency. ORS 279.015(1)(a); AR 10.010. l.a. If the value of the
Memorandum re: Concession Stand in Cook Park
February 20, 2002
Page 4
services provided is less than $25,000, the City could use the exemption provided by AR 10.010. Lc and
10.015. The City would have to obtain competitive quotes for contracts using this exemption. AR
10.015. Finally, the City maybe able to take the position that the City is offering the concession services
to the public and that the contract is for professional services in managing the City's concessions.
However, there is at least some doubt as to whether the contract would constitute a professional services
contract under AR 70.000. If the agreement can be classified as a personal services contract, the City
would still have to follow either the formal or information selection procedures of AR 70.020.
Alternatives to Public Contracting Law
TMC 7.52.080(a) implicitly authorizes the City to issue permits for concessions in City parks.
A permit is not a contract, so a permit is not subject to public contracting rules. However, a City can
charge only permit fees for the permit.
The City has inherent authority to lease City-owned property. Real property transactions are not
normally considered to be a public contract. However, in this case the lease may arguably be subject to
the public contracting rules. Some may argue that the lease is a lease of public improvements and
therefore a public contract as defined by ORS 279.011(6), which defines "public contract" as "any
purchase, lease or sale of personal property, public improvements, or services" other than personal
services. However, "public improvements" is defined narrowly to essentially mean public improvement
projects rather than completed public improvements.
A more troubling argument is that the combination of a lease and a permit may be considered to
be a public contract because together they amount to an agreement that involves the provision of services.
Furthermore, even the lease by itself could be subject to the public contracting rules if the lease contains
provisions relating to the provision of services and not just use ofthe property. A lease provision making
the amount to be paid dependent on the volume of business could make the agreement subject to the
public contracting rules.
Assuming the lease is a lease of real property, the City's rules relating to transfer of real property
generally apply to sales and not to leases. In the absence of statutory or code regulations governing the
lease of City property, the City (and in particular the City Manager who has authority under Charter
Section 20A.20) over City property) has an obligation to manage the property in the best interests of the
public and the City. A misuse of City resources could be treated as a misuse of City funds. Therefore,
any lease that does not result in maximum financial benefit to the City would have to be justified as
meeting some other public interest. The only way to assure that the City gets the maximum financial
benefit would be to provide some type of competitive process for the lease.
Memorandum re: Concession Stand in Cook Park
February 20, 2002
Page 5
Any attempt to structure the transaction as a permit and a lease could be subject to legal challenge
that some aspect of the overall arrangement is a public contract. If the City decides to adopt this
approach, it would still have to comply with the preference given to the Commission. It would have to
provide the Commission advance notice and the opportunity to submit an offer.
Another option under these particular circumstances is to provide more detail to the existing
agreement with ARD, as discussed in the next section.
The Effect of the Contract with Atfalati Recreation District, Inc./Optioi► 4
The February 1998 agreement with ARD relates to the use of real property between two parties,
each of which have an interest in the property. Under the terms of the Agreement, the City recognizes
that ARD has equitable rights in the property, including the right to have a "snack shack." The
agreement, because it relates to real estate rather than to the provision of goods and services, should not
be considered a "public contract" subject to competitive bidding requirements imposed by state statute
or the City's administrative rules.
It is less clear whether the City should have advised the Commission about the 1998 agreement.
The Commission could take the position that the agreement included a provision authorizing ARD to
provide vending services on public property and that notice to the Comnussion was therefore required.
However, the City has a reasonable argument that this was a division of rights among equitable property
owners and that it therefore was not the granting of a contract for vending services that required notice
to the Commission.
The better position is that the 1998 agreement was a valid real property agreement and not a
contract for vending services. The City therefore can take the position that the contract is valid and in
effect. The agreement gives the right to ARD to have a snack shack, a right that ARD exercises as part
of its equitable interest in the property. That right remains in effect, and the City and ARD can
supplement the agreement to provide more detail (as contemplated in the agreement) concerning
construction and operation of the concession stand. As an agreement among property owners relating
to the management of the real property, it should not be subject to public contracting rules and should
avoid problems with ORS Chapter 346.
This situation does point out that there may be some opportunity for the provision of vending
services elsewhere in Cook Park or in other city parks. The City has an obligation to identify
opportunities for vending services on all public property it controls and to periodically inform the
Commission of any such opportunities. ORS 346.530. The agreement with ARD does not give ARD
the exclusive right to operate concessions in the park. In complying with the requirement to provide
Memorandum re: Concession Stand in Cook Park
February 20, 2002
Page 6
periodic reports to the Commission, it is advisable for the City to inform the Commission of Atfalati's
equitable interest in the park and its right as equitable owner to provide concession services. The City
should also inform the Commission of any opportunities for vending services that exist in other portions
of Cook Park, in other City parks, or on other City property.
Ci:4numlTigardV=knmcezions.wpd
The motion was approved by a unanimous vote of Council present:
Mayor Griffith -
Yes
Councilor Dirksen -
Yes
Councilor Moore -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
Yes
8. UPDATE ON COOK PARK MASTER PLAN EXPANSION PHASE II
Property Manager Roy presented the staff report and PowerPoint slides, which are on
file in the City Recorder's office. Mr. Roy reviewed with Council a map of Cook Park
and the facilities included in the expansion. He also responded to a question about
the high cost of the restrooms and advised how they would be constructed. The
amount stated is an engineer's estimate.
9. DISCUSSION OF OPTIONS TO PAY ADDITIONAL CITY COSTS FOR THE 69TH
AVENUE LOCAL IMPROVEMENT DISTRICT (LID)
a. City Engineer Duenas presented the staff report, which is on file in the City
Recorder's office.
b. After discussion, Council members agreed with the staffs recommendation as
contained in the February 26, 2002, memorandum from City Engineer
Duenas and Finance Director Prosser. Staff will prepare an ordinance to
spread the assessments for Council consideration on March 26, 2002.
10. CONSIDER AN ORDINANCE AMENDING CHAPTER 10.28 OF THE TIGARD
MUNICIPAL CODE PERTAINING TO PARKING
a. City Engineer Duenas presented the staff report, which is on file in the City
Recorder's office.
b. Motion by Councilor Dirksen, seconded by Councilor Patton, to adopt
Ordinance No. 02-14
ORDINANCE NO. 02-14 - AN ORDINANCE AMENDMENT CHAPTER
10.28, PARKING, OF THE TIGARD MUNICIPAL CODE
The motion was approved by a unanimous vote of Council present:
Mayor Griffith -
Yes
Councilor Dirksen -
Yes
Councilor Moore -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
Yes
COUNCIL MINUTES -MARCH 12, 2002 page 7
AGENDA ITEM
FOR AGENDA OF
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
19 March 02
ISSUE/AGENDA TITLE Update to Council on Cook Park Master Plan Expansion Phase II
PREPARED BY: John Re DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
This is an informational update. No Council action is requested.
STAFF RECOMMENDATION
Not applicable.
INFORMATION SUMMARY
The purpose of this agenda item is to update Council on the current status of the Cook Park Master Plan
Expansion. Phase I construction was completed in November of 2001. Included in Phase I construction was
the 85th Ave. emergency access road, wetland viewing gazebo, infrastructure, parking lot with landscaping
and irrigation, butterfly garden, sports field grading and irrigation. The budget for Phase I construction was
$771,764.00 with the actual construction cost being $715,494.00. The project came in $56,270.00 under
budget. Due to staff obtaining funding for the park project through a $250,000.00 grant from Oregon
Recreation and Park Association and a low interest loan in the amount of $2,300,000.00 from the Oregon
Economic and Community Development Department, Phase III construction originaly scheduled for
FY2003-2004 has been incorporated into Phase II. This will allow for completion of the Master Plan
Expansion in the fall of 2002, one year ahead of the original schedule.
Phase H construction will consist of the following components with the engineer's estimate; picnic shelter
($103,098), t:)+,-!ot playo cund ($9R,320;, maintenance building ($160,000); parking lot ($144.620), restroom
building ($396,750), restroom/concession building ($440,709), and regional /soft trail ($94,320). The total
estimated cost of Phase II construction is $1,500,876.00.
OTHER ALTERNATIVES CONSIDERED
Not applicable.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Any Goals, Strategies, and/or Action Plan Items from "Tigard Beyond Tomorrow"
ATTACHMENT LIST
Not applicable
FISCAL NOTES
The engineer's estimate for construction of Phase II is $1,500,876.00. Funding for this project is available
as a result of having a remaining balance of $56,272 from the Park CIP budget for Phase I construction
for this fiscal year, in addition to the $250,000 ORPA block grant and the $2,300,000 from the Oregon
Economic and Community Development Department.
MEMORANDUM
TO: Bill Monahan
FROM: Dan Plaza pollw~
RE: ARD Proposed Payment Schedule
DATE: September 26, 2002
Ed asked that I get you a copy of the latest offer made by ARD pertaining
to a repayment schedule for land purchase, concession stand/restroom
building, landscaping, irrigation and turf.
Attached are copies of an e-mail John Anderson sent to me after he and
Dave Nicoli met with Ed and I in late April. The e-mail sets forth information
that led to ARD's repayment schedule.
At the present time ARD owes the City $354,500 over the next 10-years,
see schedule. Their proposed pay schedule has them paying $286,500
over the next ten-years, see schedule.
ARD's proposal is that they pay 73% of the concession/bathroom building.
concession/bathroom actual cost = $256,000
ARD payment towards concession/bathroom over 10-years = $1&&M
Difference between actual cost and ARD- ayments = ($68,00Q)
They are seeking your approval on their proposal to pay 73% of the
concession/bathroom building.
If you have any questions please let me know and I can meet with you to
discuss this further.
Thank you.
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