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City Council Packet - 04/08/2003 CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING April 0, 2003 COUNCIL MEETING WILL BE TELEVISED RUEANNIEIDOCSICUM I I 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 AGENDA TIGARD CITY COUNCIL STUDY SESSION/ADMINISTRATIVE ITEMS FOR REVIEW April 8 2003 - 6:30 PM The Study Session 1s held in the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Council encourages Interested citizens to attend all or part of the meeting. If the number of attendees exceeds the capacity of the Conference Room, the Council may move the Study Session to the Town Hall. • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss pending litigation under ORS 192.660(1 h). 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. • STUDY SESSION > Insurance 101 • Administration Staff > Administrative Items • Item 4.4 - Atfalad - Reminder that attachments were sent to the City Council In the Friday mail packet. • Item 4.5. - Staff recommends this item be pulled from the Consent Agenda for separate discussion. A memo was sent to the Council In the Friday mail packet. • Delinquent Accounts - Any comments on the proposal to change to collection methods on delinquent accounts (included in the March 21, 2003, Council newsletter). Staff is considering authorizing the collection agent to report delinquent accounts to credit bureaus. • Shining Stars Banquet - May 2, 2003, 6:00 p.m. - Greenwood Inn (Councilors Sherwood and Dirksen have Indicated they are attending). • City Manager's review. Information was sent to the City Council in the Friday mail packet. • Alberta Rider property - annexation. Distribute information to the City Council. • Closure of Gaarde Street. Distribute Information to the City Council. • Add to schedule: Joint meeting of the Tualatin City Council and the Tigard-Tualatin School District set for October 6, 2003, 6:30 p.m. at Tigard Water Building. • Update on meeting on April 7 meeting hosted by Senator Burdick and Representative Williams. • Meet with the Washington County Board of Commissioners on July 15, 2003, or August 19, 2003 (workshop meetings)? • PGE - PUD opposition; clean wind. Distribute Information to City Council. Execudve 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 (1) (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 (1) (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 riled. 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) 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. AGENDA TIGARD CITY COUNCIL STUDY SESSION/ADMINISTRATIVE ITEMS FOR REVIEW April 8 2003 - 6:30 PM The Study Session is held in the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Council encourages interested citizens to attend all or part of the meeting. If the number of attendees exceeds the capacity of the Conference Room, the Council may move the Study Session to the Town Hall. • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss pending litigation under ORS 192.660(1 h). 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. • STUDY SESSION > Insurance 101 • Administration Staff > Administrative Items • Item 4.4 - Atfalad - Reminder that attachments were sent to the City Council in the Friday mail packet. • Item 4.5. - Staff recommends this item be pulled from the Consent Agenda for separate discussion. A memo was sent to the Council in the Friday mail packet. • Delinquent Accounts - Any comments on the proposal to change to collection methods on delinquent accounts (included in the March 21, 2003, Council newsletter). Staff is considering authorizing the collection agent to report delinquent accounts to credit bureaus. • Shining Stars Banquet - May 2, 2003, 6:00 p.m. - Greenwood Inn (Councilors Sherwood and Dirksen have indicated they are attending). • City Manager's review. Information was sent to the City Council in the Friday mail packet. • Alberta Rider property - annexation. Distribute information to the City Council. • Closure of Gaarde Street. Distribute information to the City Council. • Add to schedule: Joint meeting of the Tualatin City Council and the Tigard-Tualatin School Disstrict set for October 6, 2003, 6:30 p.m. at Tigard Water Building. • Update on meeting on April 7 meeting hosed by Senator Burdick and Representative Williams. • Meet with the Washington County Board of Commissioners on July 15, 2003, or August 19, 2003 (workshop meetings)? 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: 192-6600) (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). 192-6600) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660(l) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660(l) (e) - Real property transaction negotiations. 192.660(l) (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(l) (g) - Trade negotiations - involving matters of trade or commerce In which the governing body is competing with other governing bodies. 192.660(l) (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(l) (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) 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. Home Page Page 1 of 9 ss - - - - - - - - - - - - - ~ TIGARD AREA Chamber of Commerce On May 2, 2003 the Tigard Area Chamber of Commerce will host the 29th Annual Evening of Shining Stars, Celebrating Commitment to Courage and Community. The banquet provides an opportunity for the Tigard Chamber and the community to honor its outstanding citizens through the awarding of the First Citizen Award, Volunteerism Award, and Outstanding Chamber Volunteer Award. Tigard's Police and Fire Departments will also receive special recognition at the event. Two Tigard High School Students will also be awarded scholarships. The FIRST CITIZENA WARD will be presented to an individual, who has made in-depth, long- term volunteer contributions to the Tigard community. The VOLUNTEERISM FROM THE HEART award will honor someone who has dedicated significant time and effort to one specific cause in the community. The final award, the TIGARD CHAMBER VOLUNTEER award will be given to a Tigard Chamber member who has dedicated talent and energy to the growth of the Tigard Area Chamber of Commerce. Contacting the Chamber office can make nominations for these awards. The event will be held on Friday, May 2, at 6:00 pm at the Best Western Greenwood Inn in Beaverton. Tickets for the banquet will be $35 per person. The night will also include a silent auction featuring goods and services donated by local merchants. The proceeds of the auction will benefit the Tigard Area Chamber of Commerce, which services over 300 local businesses. S. Carolyn Long, the Chamber's Executive Director, remarked, "This is a great chance for members of the city and surrounding communities to honor citizens who have exhibited extraordinary courage and commitment in the past year." Those interested in sponsorship opportunities, tickets, or making a nomination should click on the appropriate link or contact the Tigard Area Chamber of Commerce at 503-639-1656. sponsorship Shining Stars Banquet Sponsorship Opportunities A(aV 2, 2vvs This is Tigard's Premier Volunteer Appreciation Event to be held at the Best Western Greenwood Inn. Cost of the dinner is $35. We are soliciting items for our Silent Auction now. Platinum Sponsor; $2500 http://www.tigardchamber.com/Shining%2OStars.htm 4/8/03 Agenda Item No. Meeting of 5 - /.5 - 0,3 COUNCIL MINUTES TIGARD CITY COUNCIL MEETING April 8, 2003 Council President Dirksen called the meeting to order at 6:30 p.m. Council Present: Council President Dirksen and Councilors Moore, Sherwood, and Wilson • EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:30 p.m. to discuss pending litigation under ORS 192.660(1 h). Executive Session concluded at 6:54 p.m. • STUDY SESSION ➢ Insurance 101 Risk Manager Loreen Mills and Agent of Record Ron Cutter from JBLSTK Risk Services presented information for "Insurance 101." The presentation included a short briefing highlighting the City's process for procuring insurance coverage and an insurance market update. The current insurance market is very "hard" and purchasing insurance coverage is difficult. Highlights of the presentation (current coverage review and premium history) are contained in a handout distributed to the Council and on file with the City Recorder. ➢ Administrative Items • Consent Agenda Item 4.4 - Atfalati - City Manager reminded Council that attachments were sent to them in the Friday mail packet. • Consent Agenda item 4.5. - Staff recommended this item be pulled from the Consent Agenda for separate discussion. A memo was sent to the Council in the Friday mail packet. • Delinquent Accounts - Council concurred with staff's proposal to change to collection methods on delinquent accounts (included in the March 21, 2003, Council newsletter). Staff will authorize the collection agent to report delinquent accounts to credit bureaus. Shining Stars Banquet - May 2, 2003, 6:00 p.m. - Greenwood Inn (Councilors Sherwood and Dirksen indicated they are attending). • City Manager's review. Information was sent to the City Council in the Friday mail packet. Council briefly discussed this item. The Council will hold a discussion at next week's meeting about how to conduct this year's review if time permits and if the Mayor is in attendance. City Manager said there are no time constraints as this is year two of a four-year contract. Tigard City Council Meeting Minutes - April 8, 2003 Page I • Alberta Rider property - annexation. Information was distributed to Council regarding a question by the Tigard-Tualatin School District Board about whether the Alberta Rider School property, if annexed, would create an island. It would not. Staff will attend the next Board meeting to answer questions by the Board about potential annexation of this school property. • Closure of Gaarde Street - Council received an April 8, 2003, memo from City Engineer Gus Duenas with information about why the street was closed to all but local traffic and the rationale for keeping it closed during the next three months. • Next joint meeting of the Tualatin City Council and the Tigard-Tualatin School District was set for October 6, 2003, 6:30 p.m., at Tigard Water Building. • Update on meeting on April 7 meeting hosted by Senator Burdick and Representative Williams. City Manager Bill Monahan attended this meeting; most discussion centered on financing issues for education. • City Manager asked if the Council would like to meet with the Washington County Board of Commissioners on July 15, 2003, or August 19, 2003 (workshop meetings)? Council selected July 15. • PGE - PUD opposition; clean wind. Information was distributed City Council. This item was discussed briefly. More discussion to be held upon return of the Mayor - possibly at the 4/15/03 Council meeting. Study Session concluded at 7:32 p.m. 1. BUSINESS MEETING 1.1 Council President Dirksen called the City Council 6t Local Contract Review Board meeting to order at 7:35 p.m. 1.2 Roll Call: Council President Dirksen and Councilors Moore, Sherwood, and Wilson 1.3 Pledge of Allegiance 1.4 Council Communications 8r Liaison Reports: Councilor Sherwood advised she would have a liaison report (See Agenda Item No. 10). 1.5 Call to Council and Staff for Non-Agenda Items: None 2. PROCLAMATIONS 2.1 Proclaim Days of Remembrance - April 27 - May 4, 2003 2.2 Proclaim Be Kind to Animals Week - May 4 - 10, 2003 Council President Dirksen proclaimed Days of Remembrance and Be Kind to Animals Week. 3. VISITOR'S AGENDA (Two Minutes or Less, Please) • Tigard Area Chamber of Commerce President-Elect Dan Murphy reviewed upcoming Chamber events including the Lunch Forum on April 15, featuring Chief of Police Bill Dickinson and the Shining Stars Banquet on May 2. Former Tigard City Council Meeting Minutes - April 8, 2003 Page 2 Tigard Police Chief Ron Goodpaster will be honored at the Shining Stars Banquet as Tigard's First Citizen. • Ms. Juliet Cal, 16820 SW Whitley Way, Beaverton, OR 97006 and Mr. Hongyu Zhao, 15237 SW 981 Avenue, Tigard, OR 97224, addressed the Council on Falun Dafa, which is a practice for living by cultivating one's heart, body, and mind. Council members received a publication about Falun Dafa. Mr. Hongyu Zhao, a Tigard resident noted that in China Falun Dafa practitioners, including his family members are being persecuted in China. • Mr. Mark Mahon encouraged the Council to work to retain the Tigard Festival of Balloons and referred to its importance as a community event. Mr. Mahon also reminded the Council and audience that many members of the Tigard community have been called up to serve in the war in Iraq and that their service should be acknowledged. 4. CONSENT AGENDA: Motion by Councilor Moore, seconded by Councilor Sherwood, to adopt the Consent Agenda, with the exception of Item No. 4.5, which was pulled for separate discussion. 4.1 Approve Council Minutes: March 11, 2003 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Appoint Steve Varga to the Tree Board and Appoint Ron Callan and Jan Gillis as First and Second Alternates, Respectively, to the Tree Board - Resolution No. 03- 4.4 Approve Atfalati Recreation District Repayment Schedule and Concession Stand Operation 4-5 initiate Vacation llr-Geeedings for- SW Mapleleaf Street and Unnamed StFip 0 Pight of Way (VAG 29922-00092) =Resolution-Flo. 03- This item was discussed separately - see below. The motion to approve the Consent Agenda, less Item No. 4.5, was approved by a unanimous vote of Council present: Councilor President Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Tigard City Council Meeting Minutes - April 8, 2003 Page 3 Separate discussion was then conducted on the following item: 4.5 Initiate Vacation Proceedings for SW Mapleleaf Street and Unnamed Strip of Right of Way (VAC 2002-00002) This item was removed from the Consent Agenda for separate discussion because two options were presented for Council consideration. Community Development Director )lm Hendryx reported that the School District is asking the City Council to initiate vacation proceedings to vacate 26,258 square feet of SW Mapleleaf Street and approximately 9,716 square foot portion of right of way formerly known as SW Oak Way. The vacation request relates to the reconstruction of Metzger Elementary School. Council also received an April 2, 2003, memo from Mathew Scheidegger further explaining the vacation request and also the purpose and mechanics of the vacation process. After discussion, Council adopted the resolution (No. 03-13) labeled "Attachment 2" in their packet materials. This resolution initiated the vacation process as requested by the School District and a public hearing will be heard on the vacation at the May 27, 2003, City Council meeting. Motion by Councilor Sherwood, seconded by Councilor Willson, to adopt Resolution No. 03-13, shown as "Attachment 2" in the materials distributed to the City Council. The motion was approved by a unanimous vote of Council present: Councilor President Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 5. DISCUSSION WITH STATE SENATOR GINNY BURDICK AND STATE REPRESENTATIVE MAX WILLIAMS Senator Burdick was present; Representative Williams did not attend. Senator Burdick said there is a $2 billion shortfall in the State's budget, which will mean bad news for practically everyone. Highlights of her discussion included: • The legislature is committed to do the best they can within their limited resources. Tigard City Council Meeting Minutes - April 8, 2003 Page 4 • She spoke to the message conveyed to the legislature by the majority of voters who did not support Measure 28. • She noted the Public Employee Retirement System (PERS) issues. Reform is in order and it's a crisis that needs a solution. • She referred to Mayor Griffith's support in her pedestrian safety bill to require vehicles to stop when pedestrians are in crosswalks. • She said she is frustrated that education is not being funded adequately but added that education funding is better than that for other programs. There was discussion on local option levies, which Senator Burdick said would require a Constitutional amendment. She said she would vote for anything that would help education; however, she cautioned that the local option levy might run contrary to the school equalization requirements to be applied to schools throughout the state. • She advised she thought the "kicker" rebate to taxpayers when times are good was not a good idea. These dollars could be saved for use when the economy isn't as strong. 6. UPDATE ON NEW LIBRARY Library Director Barnes updated the Council on the progress on the new library. A groundbreaking ceremony will be held on Saturday, May 17, at 10 a.m. The Friends of the Library have successfully raised funds for the past few years, which they are saving for the new library. 7. ANNUAL VOLUNTEER REPORT Volunteer Coordinators Susan Koepping and Trish Stormont presented the annual volunteer report. Volunteers work in all City departments, generously contributing time, energy, skills, and experience. Sandra Thorne (Library), Jim Wolf (Police), and Craig Prosser (Finance) were present and related their experiences and the valuable contributions made by volunteers in their departments. 8. DISCUSSION ON STRATEGIC FINANCIAL PLAN After hearing a brief staff report from Finance Director Prosser, a motion was made by Councilor Moore, seconded by Councilor Sherwood, to adopt the Strategic Financial Plan Report. The motion was approved by a unanimous vote of Council present: Councilor President Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Tigard City Council Meeting Minutes - April 8, 2003 Page 5 A copy of the Strategic Financial Plan Is on file in the City Recorder's office. 9. COUNCIL LIAISON REPORTS Council Sherwood noted that Commissioner Roy Rogers advised her that Tigard does not have any projects submitted for the State Economic Development Projects list. City Manager Monahan responded that because of the requirements needed to submit projects for the list coupled with the fact that there is no funding available, staff decided not to submit any projects. Councilor Sherwood suggested that the City may want to consider submitting projects In the future. 10. NON AGENDA ITEMS: None 11. EXECUTIVE SESSION: Not held 12. ADJOURNMENT: 9:13 p.m. (ICJ 2 t erine ?g" at city-Recorder Attest: ( L I or, o Ig T : &,t4 VI 3_69003 k- LIV 1 AAD MCAT FMCC hA030408. D OC Tigard City Council Meeting Minutes - April 8, 2003 Page 6 CITY OF TIG~ April 7, 2003 OREGON Steve Lowder, Superintendent Tigard-Tualatin School District No. 23J 6960 SW Sandburg Street Tigard, OR 97223 Also Via Fax: 503-431-4047 Dear Steve: It is our understanding the school board had a question whether annexation of the Alberta Elementary School property would create an island. It would not. Please see the enclosed map. Police Chief Bill Dickinson and I will be attending the next school board meeting to answer any questions. Sincerely, James N. P. Hen ryx Director of Community Development I:\curpln\dickUetters\alberta rider elementary.doc c: Bill Monahan Bill Dickinson File 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 LEGIBILITY P" I I I I ~ F~ CDID=T-= TI 71 CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Bill Monahan FROM: Jim Hendryx/ DATE: April 3, 2003 SUBJECT: Annexation Request - Alberta Rider School Property As you are aware, I asked the School District to initiate annexation of the Alberta Rider School property. The request was in light of Council's direction that development applications be required to annex when such properties are within our urban services boundary and immediately adjacent to the City limits; otherwise, non-remonstrance agreements are required. The Alberta Rider site is immediately adjacent to the City limits. Furthermore, it is adjacent to other properties either under development or nearing application submittal. That is one of the reasons I requested the District's consent prior to their application. Annexation is especially important for the collection of Park SDC's (if properties are annexed before development, we are able to collect the Park SDC fees). It is important to note that the School District has not actually submitted development applications for the site as yet. Once they do, the issue will be before us again. In the event other properties make application (e.g., the Conklin property) prior to the School District, the double majority annexation method could be pursued. This method could be utilized to bring in the Rider site as well. i I I i I 1/J Tigard - Tualatin School District 23J RECD APR 012003 Larry Hibbard Administration Center 6960 SW Sandburg Street Tigard, Oregon 97223 503-431-4000 - fax 503-431-4047 www.ttsd.k12.or.uS March 24, 2003 James N.P. Hendryx Community Development Director City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Dear Jim: Thank you for your letter dated February 27, 2003 in regard to the Alberta Rider property. Our Board of Directors held a general discussion about your letter and decided to take no action at this time on annexation. We appreciate your continued support of our schools. If you have any questions, please feel free to contact me. Sincerely, Steven A. Lowder, Ed.D. Superintendent cc. Mr. Monahan, Board of Directors r w G ' February 27, 2003 CITY OF TIGAR® Dr. Steve Lowder OREGON Tigard-Tualatin School District 23J 6960 SW Sandburg Street Tigard, OR 97223 Dear Dr. Lowder: As you may be aware, the City of Tigard has been evaluating the feasibility and costs of annexing the unincorporated Bull Mountain area. While we have not yet completed our analysis, it is becoming evident that if we annex residential properties prior to their development, we are more able to fully collect Parks System Development Charges. In addition, we would be providing City services that would benefit the school. Because the school district property along Bull Mountain Road is located outside but adjacent to the City limits, it is logical to begin the process to bring this property into the City at this time. It also serves as a connection to currently undeveloped properties to the south that will be coming in for development in the near future. It is our hope that the School District will sign the enclosed forms by March 19th consenting to annexation of the Alberta Rider school property. We would likely process this annexation at the same time as an annexation of the property to the south of the school site. If you have any questions regarding annexation of this property or the forms that I have enclosed, please contact Julia Hajduk, Associate Planner, at 639-4171 x 2442. Thank you in advance for your assistance. Sincerely, /ames N.P. Hendryx unity Development Director c. Dick Bewersdorff 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 e - CITY OF TIGARD Engineering Department Shaping A Better Community MEMORANDUM CITY OF TIGARD 13125 SW Hail Blvd. Tigard, OR 97223 Phone 503-639-4171 Fax: 503-624-0752 TO: Mayor and City Councilors Bill Monahan, City Manager FROM: Gus Duenas~ City Engineer DATE: April 8, 2003 SUBJECT: Closure of Gaarde Street for Construction There has been at least one email message complaining about the closure of Gaarde Street between Highway 99W and 121" Avenue during a weekend when the contractor was not working and the street was not torn up. This is to explain why the street was closed to all but local traffic and the rationale for keeping it closed during the next three months. To expedite the construction of the project, the contractor has been authorized to close the street to all but local traffic till July 2, 2003. This is to allow the contractor to do underground utility work (power, gas and other utilities) and retaining wall installation unimpeded. The general practice on a road closure is that once the street is closed, it remains closed until it is ready to reopen. We felt it would be confusing to motorists to keep opening and closing the road throughout this period. In addition, the relatively high volume of traffic on Gaarde Street would make it extremely difficult for the contractor to perform the work in a timely manner, would create unsafe situations as the contractor excavates for ? retaining wall foundations, and would lengthen the construction time frame. The period agreed to by i the contractor and the City for the first closure is from April 2 to July 2, 2003. The second closure will be during the same time period next spring. At that time, the contractor will complete the underground i utility work by installing sewer, storm drain and water lines. i Closure of the road reduces the cost of the project by drastically reducing the need for traffic control. The ability for a contractor to close the road twice was included in the bid documents and is reflected in the bid amounts submitted for traffic control. Spotters and flaggers are utilized only when the contractor is performing such work as tree trimming or roadway excavation. The contractor may or may not work weekends, but the closure provides that flexibility so that much of the undergrounding and other significant work could be done during the three-month period. The closure was announced and discussed at the neighborhood meeting conducted for the project and is posted on the City's website. Signs have been placed to clearly inform motorists that the road is closed to all but local traffic. Detour routes have been delineated, are clearly marked, and are also posted on the City's website. The definitive action to close the street ensures that the message is consistent and emphasizes that the detour routes are to be used during this period. Some motorists have ignored the signs and have continued to drive through the project. A number of these motorists have gone through the project site at relatively high rates of speed. This creates a dangerous situation for both the motorists and the construction workers. As a result, the contractor has asked for help from the City to enforce the road closure. The black and white regulatory signs stating ROAD CLOSED LOCAL TRAFFIC ONLY are intended to prevent through traffic and still allow local access. Sometimes the only way to force motorists to obey signs is to issue citations. The police have assisted in promoting traffic safety by issuing citations to those who insist on driving through the area. Can the street be opened to through traffic during weekends? Possibly. However, once we start to open up the street during weekends, the expectation is created that the street would be open on all weekends. In addition, following a weekend of use, our experience has been that motorists typically continue to try and use the closed roads during weekdays and evenings. It is basically a matter of expectations created by varying the times of closures and openings. This is just not safe for either the motorists or the contractor. Again, this memo is intended to provide you with the reasons for the road closure on the Gaarde Street Project. If you have any questions, please let me know. c: Vannie Nguyen Mike Mills SGT Karl Kaufman, Tigard Police IAEng\Gus\Mcrnorandums\Memo Regarding Gaazde Street Closure.doc I I i Memo Regarding Gaarde Street Road Closure Page 2 of 2 S+ud y AGENDA ITEM # 52s5 r a n FOR AGENDA OF 4/8/03 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Stud ession - Insurance 101 '~,y~~ PREPARED BY: Loreen Mil EPT HEAD OK'I' V /V l t V V1~ I'Y MGR OK W~ ~ ISSUE BEFORE THE COUNCIL This will be a short briefing for Council highlighting the City's process for procuring insurance coverage and an insurance market update. STAFF RECOMMENDATION Council will develop a basic understanding of the insurance procurement process and coverage challenges facing the City. INFORMATION SUMMARY The City purchases insurance to provide protection in case of a loss. In keeping with Tigard's purchasing policies, we hire an Insurance Agent of Record (Ron Cutter from JBL&K) to secure competitive proposals from insurance carriers and bind coverage for our property & casualty policies as well as Workers' Compensation coverage. The current insurance market is very "hard" and purchasing insurance coverage is difficult. The last "hard" market we experienced was in 1984-85 and Tigard actually had to purchase Police Liability Coverage from Lloyd's of London. While Tigard doesn't need to seek coverage from Lloyd's, we do have a new Council, and it is a good time to introduce our Agent of Record. We will share an update on available insurance markets, current coverage challenges, and anticipated cost increases during the study session portion of the meeting. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST N/A FISCAL NOTES In 2002-03, $564,198 was budgeted for citywide insurance coverage (other than employee benefits). p Mayor's Agenda 11, Ns + 7 i 1 rc Y. ty' .'?k,''4.2"'1 zf7'3 t CITY OF TIGARD r• , j ,,;.3,~} - OREGON .s © Y t ri 'y. 7 W ~i ~M1'Yr .A9"l,A A.t~fd J5 Ytititi'''~,t+~-'st % X11 ~4V 7747-7 ARbR 9*7'2~3: r r PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet Is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. 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 i as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - APRIL 8, 2003 page 1 AGENDA TIGARD CITY COUNCIL MEETING APRIL 8, 2003 6:30 PM • STUDY SESSION > Insurance 101 • Administration Staff • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss pending litigation under ORS 192.660(l h). 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. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8z Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Cali to Council and Staff for Non-Agenda Items 7:35 PM 2. PROCLAMATIONS 2.1 Proclaim Days of Remembrance - April 27 - May 4, 2003 Mayor. The United States Congress established the Day of Remembrance as our nation's annual commemoration of the victims of the Holocaust. This year's theme "For Your Freedom and Ours" is derived from the Warsaw ghetto uprising, where, in 1943, Jews defied German deportation orders and fought against their persecutors. Although the Germans planned to liquidate the ghetto in 3 days, the Jews actively resisted for nearly a month. In memory of victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and with the concurrence of COUNCIL AGENDA - APRIL 8, 2003 page 2 this City Council, the City of Tigard proclaims the week of April 27 through May 4, 2003 as Days of Remembrance in Tigard, Oregon. 2.2 Proclaim Be Kind to Animals Week - May 4 - 10, 2003 Mayor. Animals play an essential role in the lives of many Oregonians. This proclamation seeks not only to honor our fellow creatures, but also to recognize the many organizations and individuals that: ■ provide humane care and protection to our animal friends and promote a spirit of kindness and consideration for animals. In celebration of the companionship and pleasure that animals add to our lives, and with the concurrence of this City Council, the City of Tigard proclaims the week of May 4th through the 10th as Be Kind to Animals Week in Tigard, Oregon. Note: Paul Brems may be late, but he does plan to address the Council. 7:40 PM 3. VISITOR'S AGENDA (Two Minutes or Less, Please) Note: Staff`' recommends item 4.5 be removed from the Consent Agenda and considered separately 7:45 PM 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes: March 11, 2003 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Appoint Steve Varga to the Tree Board and Appoint Ron Callan and Jan Gillis c as First and Second Alternates, Respectively, to the Tree Board - Resolution > No. 4.4 Approve Atfalati Recreation District Repayment Schedule and Concession Stand Operation 4.5 Initiate Vacation Proceedings for SW Mapleleaf Street and Unnamed Strip of Right of Way (VAC 2002-00002) - Resolution No. jMff3 • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered COUNCIL AGENDA - APRIL 8, 2003 page 3 immediately after the Council has voted on those items which do not need discussion. 7:50 PM S. DISCUSSION WITH STATE SENATOR GINNY BURDICK AND STATE REPRESENTATIVE MAX WILLIAMS a. Comments by Senator Burdick and Representative Williams b. Council Discussion 8:50 PM 6. UPDATE ON NEW LIBRARY a. Staff Report: Library Staff 9:00 PM 7. ANNUAL VOLUNTEER REPORT a. Staff Report: Administration and Library Staff 9:10 PM 8. DISCUSSION ON STRATEGIC FINANCIAL PLAN a. Staff Report: Finance Staff 9:40 PM 9. COUNCIL LIAISON REPORTS 9:45 PM 10. NON AGENDA ITEMS 9:50 PM 11. 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. 10:00 PM 12. ADJOURNMENT IAADKCATHY\CCA\030408).D0C COUNCIL AGENDA - APRIL 8, 2003 page 4 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor &-City Council FROM: Bill Monahan DATE: April 3, 2003 SUBJECT: City Manager's Performance Review In May the City Council reviews the performance of the City Manager. Last year, the City Council conducted the performance review in the Study Session of April 23 (a copy of the Council minutes is attached). The result of the 2002 review was to renew my contract for a four-year term beginning May 15, 2002. While the contract runs for four years, through May 14, 2006, the agreement requires annual review. The Council can either conduct the review on April 22 or May 13 during the Study Session. Either date will allow for completion of the review in accordance with the agreement. Please note that in prior years the annual review was not completed prior to May 15. Because the contract is not up for renewal, the renewal is not as time sensitive as it was last year. I suggest that during the City Council Study Session of April 8, Council provide me with direction on the process to be used for completing the annual review and the date for the review. Each of the past two years the City Council used the City's Employee Performance Appraisal form to conduct the review. If Council is comfortable using that form again, I am in agreement with its use. Council should decide whether this form should be used and also advise if there is any additional information it needs from me to prepare for the performance appraisal. Attached are copies of the summary of Council ratings completed for 2001 and 2002. In addition, I have enclosed a blank copy of the appraisal form if Council chooses to use this • format for the 2003 review. i i I look forward to having a discussion with the City Council on April 8. i i Attachments IAADM\BILL\MEMOS\2003\MANAGER REVIEW - MEMO TO COUNCIL.DOC 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 11. UPDATE TO COUNCIL ON THE BUTTERFLY GARDEN AT COOK PARK Public Works Director Wegner introduced this agenda item. Property Manager John Roy presented the staff report and a PowerPoint presentation, both of which are on file in the City Recorder's office. Mr. Roy commented on the bequest from Kristine Tupling, which was utilized for development of the Butterfly Garden. A ribbon cutting ceremony and presentation of a plaque dedicating the Butterfly Garden will be conducted on June 16, 2002. 12. COUNCIL LIAISON REPORTS: None 13. NON AGENDA ITEMS: None ➢ STUDY SESSION CONTINUED - CITY MANAGER'S REVIEW Mayor reviewed a summary of the combined comments of City Council on the evaluation form. Mayor summarized the overall viewpoint of Council noting that the City Manager is doing an excellent job for the City of Tigard. He noted the positive steps taken by the Manager in the last year for focusing more on the long-range efforts rather than the day-to-day details. Mayor noted that the Council would like for the Manager to continue to delegate responsibilities to departments. Mr. Monahan commented on the future noting that the first priority is to get the library bond measure passed, which will then make it possible for the City staff and Council to make other important decisions. He noted, with regard to budgeting, there are a number of unknowns. He reviewed several areas that are being monitored. He said the City needs to prepare for a likely ballot measure requesting voters approve an operating levy in November 2004. He spoke of succession planning that has been discussed by the Executive Staff for key positions in the City of Tigard. Also discussed were retirement plans currently in place. COUNCIL MINUTES - April 23, 2002 page 7 There was discussion about management staff total compensation. A management compensation analysis has been completed. City Manager Monahan requested Council review this information as well as the Management COLA data at a special meeting. Council consensus was to meet at 5:30 p.m. on Monday, May 6, 2002, to discuss the management compensation information. Also to be reviewed will be information on an alternative option to be offered to Department Heads for long- term care insurance rather than life insurance. Consensus of Council was to enter into a four-year contract with the City Manager. The proposed contract will be submitted to Council for review and approval on May 14, 2002. • City Manager Monahan reviewed the upcoming (April 26, 2002) Chamber of Commerce Shining Stars Banquet. All Council members and several staff member will attend. 14. EXECUTIVE SESSION: Canceled. 15. ADJOURNMENT: 10:00 p.m. Catherine Wheatley, City Recorder Attest: Mayor, City of I agar Date: \\TIG333\USR\DEPTS\ADKCATHY\CCM1020423. DOC I COUNCIL MINUTES - April 23, 2002 page 8 Employee Perfor ance Appraisal Supervisory EMPLOYEE DATA: NAME: DATE: CLASSIFICATION TITLE: DEPARTMENT: REVIEW PERIOD: FROM TO EMPLOYEE SIGNATURE: DATE: The content of this review has been discussed with me. My signature indicates knowledge and understanding of the contents of the appraisal and does not necessarily imply agreement. EVALUATOR SIGNATURE: DATE: DEPARTMENT DIRECTOR: DATE: H.R. APPROVAL: DATE: CITY MANAGER: DATE: Category: Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Organization and.Planning Rating SELECT RATING: 3 -5~ 1.- Establishes clear objectives and measures for self and others 2. Monitors process, progress and results appropriately 3. Effectively organizes employees, materials and support to get things done 4. Establishes both short and long term plans and goals to meet future needs 5. Shows foresight in recognizing problems in areas of responsibility 3'. 6. Foresees changes and trends relevant to area of responsibility y 7. Adheres to schedules and plans 3 8. Is able to establish priorities and organize accordingly 9. Keeps appropriate manager advised of status of projects and work assignments 10. Comprehensive work plans are development and followed 11. Contingencies are anticipated and alternate plans are in place when contingencies -3 arise 3 12. Demonstrates effective problem solving skills 3.3 13. Current work plan is tied into future years 3. 3 14. Allocates and/or adjusts resources in response to workload and priority changes Additional comments/performance standards: • 3. z8 r Category: Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Administration Rating SELECT RATING: 3,3Z 3• 1. Maintains controls over areas of responsibility 3 _ 2. Clearly defines responsibilities and authority limits to employees Z, 3 3. Delegates authority and responsibility appropriately 4. Displays knowledge and expertise, of sound management practices 5. Anticipates major challenges, issues and projects 6. Understands role and responsibilities 3 7. Provides information or help to supervisor when needed 8. Presents well considered alternatives when making recommendations 9. Carries out in depth analyses of department/division/unit performance 10. Makes decisions in timely manner that demonstrate good judgement and common -3- sense 3 11. Notifies all affected parties prior to implementing decisions Z. 12. Generates ideas and creative solutions 13. 'Exhibits effective and timely decision making skills R. _S 14. Follows up on problems and decisions 15. Executes directions and plans received from supervisor independent of personal 3 likes/dislikes 3 16. Accepts.criticism and feedback with minimum defensiveness 17. Ensures work is conducted in accordance with established laws and regulations 18. Promotes effective security practices and occupational safety and health in the 3 - - work environment Additional commentstperformance standards: 3. 2 / ft MOPE- i i r ' 'Category: Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Employee Relationships I Development Rating SELECT RATING: 3.5 2 1. Selects competent employees 2. Trains and develops employees 3. Flexibly adjugts administrative techniques and styles when working with ,+c employees of different skills and abilities 4. Periodically meets with employees to share information which will affect them 3.3 5. Effectively works with and leads diverse groups 3 , 3 6. Encourages continuous growth and learning in others 7. Performance standards are highly developed, understood and communicated to - Z _ employees 3-5 8• Shares negative performance feedback that is timely and direct t :5.5 9. Shares positive performance feedback that is timely and direct 3 10. Timely and comprehensive performance evaluations are conducted 3 11. Develops teamwork and confidence with co-workers and. subordinates 3 12. Provides guidance, support, and motivation to staff 13. Staff have training to adequately perform job tasks as well as to back up each 3.5 other 3 14. Staff are encouraged and provided opportunities to increase job skills 15_ New employees receive optimal training and orientation for their position 3.34 Additional comments/performance standards: h stiQ~d~~~wf• 5f oa ~.~i~t'. rf V 4V 5~4e. i 1 J i -6 Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Communication Skills Ratir'g SELECT RATING: 3.3 1. Has effective working relationships with Council, City Manager, and other 3.1a executives 3 , 2. Effectively communicates up, down and across departmental lines 3 3. Communicates ideas persuasively' 4. Shows appropriate assertiveness in expressing and advocating points of view 5. Gains support and commitment from others 3 6. Negotiates effectively J 7. Listens to what others have to say; seeks out appropriate information from others 8. Prepares well written materials that are logical, professional, organized and 3, ~o properly supported 9. Makes verbal presentations on matters of responsibility effectively to varied audiences 3 10. Able to see other's viewpoints 3 r Additional commentstperformance standards: 9 i i i i i . -7- Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Leadership !Elating SELECT RATING: 3.32 3. 1. Promotes respect, honesty, integrity and fairness to all .5. 3 2. Clearly conveys goals and expectations to others jof 2 . L 3. Steps forward to confront difficult issues ,C 2 4. Takes risks e 2 ,.3 5. Encourages others to take risks 3, 3 6. Supports the decisions of others when appropriate .3, 7.. Translates.the City's/department's vision into actionable plans & direction 3.(v 8.- 'Is highly ethical and professional .3. 3 9. Is an effective team member 3 10. Models collaboration. -3,3 11. Demonstrates assertive initiative in perceiving and dealing with problems -3 , 12. Sets an example for others 3 13. Demonstrates the initiative to learn and accept new challenges 3, 3 14. Promotes diversity efforts, awareness and appropriate conduct y 15. Has effective working relationships with community groups and leaders 3 16. Is effective is motivating others and firm in handling problems 3 17. Initiates changes when necessary and manage them effectively 5 18. Takes action quickly to correct or prevent problems 3 19. Helps remove barriers to excellent customer service 313 20. Promotes a positive outlook 21. Actively supports the City's mission and values -124 Additional comments/performance standards: Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Financial Rating SELECT RATING: 3, 5$ Controls operating costs by effectively utilizing staff, materials and equipment 2. Carefully monitors expenditures 3.3 3. Adheres to financial plan ~•3 4. Makes sound decisions that consider cost/benefit 5. Accurately estimates expense/revenue levels, capital budgets, and other factors 6. Shows innovation in reducing expenses 3, 3 Additional commentstperfonnance standards: L , r 3 j . A 9 U a Category Consider the following performance indicators in this category. Other performance standards or indicators May be added as determined by the evaluator. Supervision Rating SELECT RATING: 3 - Z. 1. Effectively delegates then supervises performance 3 2. Is able to effectively and appropriately schedule work assignments of subordinates j 3. Takes action to monitor and increase effectiveness of delegated assignments 4. Monitors and follows through on personnel issues; takes appropriate action that is 3 also prompt and without delay 3 3 5. Thoroughly documents issues appropriate to the matter 6. Is consistent in the administration of City/department policies, rules and 3, 3 procedures 7. Complies, understands and can effectively administer the City's/department 313 personnel policies, labor contracts, and procedures 3,3 8. Handles disciplinary measures in an appropriate manner 3 , v 9. Understands his/her role as a supervisor/manager/director 3.Z Additional commenWperformance standards: - -10 Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Job Knowledge Rating SELECT RATING: 3.70 1. 'Properly applies skills and knowledge of the techniques, {procedures, products and 3, (D materials to perform quality work 2. Understands and performs all aspects of the job 3.3 3. Completes assignments in a thorough and accurate manner 4. Follows department policies and procedures 3 5. Integrates new subject matter into existing operations 6. Seeks additional job knowledge and skills and applies such to the overall 3 improvement of the department/work unit. 3~cP 7. Has the ability and versatility to manage most circumstances 8. Identifies and corrects problems 9. Paperwork is complete, correct and timely 3.51 Additional comments/performance standards: City Manager Performance Evaluation comments April 23, 2002 Organization and Planning: Good about organizing work, juggling priorities and creating options when the need arises. Extremely organized and plans well. Is placing more effort at looking into the future and evaluating the impact of upcoming events or situations. Administration: Has demonstrated a willingness to delegate to the staff and Department Heads, and let the Department Heads do their jobs. Bill is always prepared and willing to provide alternatives when making recommendations to City Council. Everyone appreciates his thoroughness. In spite of being an Attorney, Bill is not so fixed on rules, to the exclusion of all else, that he won't consider options that meet the law, but would require some more creative steps to implement. Bill is a good administrator. Employee Relations / Development: Bill has an uncanny ability to hire only the best. He is very supportive of their initial training and ongoing training. He had a good personal and working relationship with employees and has made advancements in letting staff take accountability for their work. Communications: Bill communicates well with the public, his peers, staff and council. Bill has the ability to make excellent verbal and written presentations tailored to the particular audience. It is very enjoyable working with Bill as the City Manager and L considers him very adept at working with five very different personalities on the r council. Leadership: J Bill has gradually started presenting options with his recommendations to Council i that includes higher levels of risk. Bill still needs to continue to step out of his conservative box and be a little more forward thinking, take more chances, and make Tigard more innovative. Bill has started to make decisions at his level that I believe he would have been reluctant to make in the past but for the Council's direction to him last year. This does not mean, however, that he is no longer sensitive to risks. He is doing a good job in integrating council guidance into actions. Community groups and leaders see Bill as a highly respected member of the City of Tigard management team. He also promotes the values we believe he stands for as an individual. Bill is an ethical, trustworthy individual and City Manager. In other words, "he walks the talk". Financial: Bill is extremely cost-conscious. This works to the benefit of the City's taxpayers. I would consider Bill's performance to be outstanding with respect to adherence to the financial plan. He will do whatever it takes to assure that the City meets its obligations and promises to the taxpayer. The Department Head's are required to carefully monitor their budgets throughout the year, and Bill is not a "easy sell" if extra expenditures are requested during the year. His selection of the Finance Director provides a perfect compliment to his fiscal conservatism. Supervision: Improvement has been made in his delegation skills and he fully understands his role as a City Manager. He has demonstrated his ability to be consistent with his staff and Department Heads. Job Knowledge: Bill has become an excellent City Manager. His knowledge has improved to the point that he knows and understands the City's policies and procedures and how to effectively apply them as required. Category:. Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Organization and Planning Rating ^-1; SELECT RATING_,.,. i 1. Establishes clear objectives and measures for self and others 2. Monitors process, progress and results appropriately a 3. Effectively organizes employees, materials and support to get things done 4. Establishes both short and long term plans and goals to meet future needs 3.1a 5. Shows foresight in recognizing problems in areas of responsibility p 6. Foresees changes and trends relevant to area of responsibility. 7. Adheres to schedules and plans 3 8. Is able to establish priorities and organize accordingly 9. Keeps appropriate manager advised of status of projects and work assignments - 10. Comprehensive work plans are development and followed 11. Contingencies are anticipated and alternate plans are in place when contingencies 3 `1 arise 12. Demonstrates effective problem solving skills 13. Current work plan is tied into future years Z 14. Allocates and/or adjusts resources in response to workload and priority changes Additional comments/performance standards: -4- Category: Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. AdminHstiation Rating SELECT RATING:-,,,!:t, 1. Maintains controls over areas of responsibility 3 2. Clearly defines responsibilities and authority limits to employees Z, 3. Delegates authority and responsibility appropriately n. n 4. Displays knowledge and expertise of sound management practices z 5. Anticipates major challenges, issues and projects 6. Understands role and responsibilities 7. Provides information or help to supervisor when needed 8. Presents well considered alternatives when making recommendations 9. Carries out in depth analyses of department/division/unit performance 10. Makes decisions in timely manner that demonstrate good judgement and common ' sense 3 11. Notifies all affected parties prior to implementing decisions 12. Generates ideas and creative solutions w 13. Exhibits effective and timely decision making skills a !Zk 14. Follows up on problems and decisions 15. Executes directions and plans received from supervisor independent of personal likes/dislikes 16. Accepts criticism and feedback with minimum defensiveness 17. Ensures work is conducted in accordance with established laws and regulations 18. Promotes effective security practices and occupational safety and health in the f work environment r Additional comments/performance standards: 0 o . u -5- Category: Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Employee Relationships/ Development Rating SELECT RATING: 3 3 1. Selects competent employees 2. Trains and develops employees 3. Flexibly adjusts administrative techniques and styles when working with employees of different skills and abilities 4. Periodically meets with employees to share information which will affect them 5. Effectively works with and leads diverse groups 1 6. Encourages continuous growth and learning in others 7. Performance standards are highly developed, understood and communicated to 5 ?a employees 1 8. Shares negative performance feedback that is timely and direct 1, 9. Shares positive performance feedback that is timely and direct j, 10. Timely and comprehensive performance evaluations are conducted 3 11. Develops teamwork and confidence with co-workers and subordinates 12. Provides guidance, support, and motivation to staff 13. Staff have training to adequately perform job tasks as well as to back up each other 14. Staff are encouraged and provided opportunities to increase job skills 3 '15. New employees receive optimal training and orientation for their position Additional comments/performance standards: -6- Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Communication Skills Rating SELECT RATING: 3 r 1. Has effective working relationships with Council, City Manager, and other at , y executives 3 Lo 2. Effectively communicates up, down and across departmental lines a 3. Communicates ideas persuasively 4. Shows appropriate assertiveness in expressing and advocating points of view Z. 5. Gains support and commitment from others 6. Negotiates effectively 7. Listens to what others have to say; seeks out appropriate information from others 8. Prepares well written materials that are logical, professional, organized and 'a, properly supported 9. Makes verbal presentations on matters of responsibility effectively to varied audiences 3 Z 10. Able to see other's viewpoints Additional comments/performance standards: i i -7- Category Consider the following performance indicators in this category. Other performance standards or Indicators may be added as determined by the evaluator. Leadership Rating SELECT RATING: 1. Promotes respect, honesty, integrity and fairness to all 2. Clearly conveys goals and expectations to others Z 3. Steps forward to confront difficult issues 4. Takes risks 2,.-7 5. Encourages others to take risks 6. Supports the decisions of others when appropriate b 7. Translates the City's/department's vision into actionable plans direction 3 8. Is highly ethical and professional 3 y t 9. Is an effective team member j I 10. Models collaboration I 11. Demonstrates assertive initiative in perceiving and dealing'with problems y, 12. Sets an example for others 3 I 13. Demonstrates the initiative to learn and accept new challenges t 14. Promotes diversity efforts, awareness and appropriate conduct 3 q 15. Has effective working relationships with community groups and leaders 16. is effective is motivating others and firm in handling problems 3 I 17. Initiates changes when necessary and manage them effectively 3, I 18. Takes action quickly to correct or prevent problems 19.- Helps remove barriers to excellent customer service M 20. Promotes a positive outlook 3 21. Actively supports the City's mission and values 1 ~4ddltlonal commentslperformance standards: i i i i i -s- Category. Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Rating Financial SELECT RATING: i. Controls operating costs by effectively utilizing staff, materials and equipment 3. 2.• Carefully monitors expenditures 3. Adheres to financial plan 4. Makes sound decisions that consider cost/benefit 3 5. Accurately estimates expense/revenue levels, capital budgets, and other factors 3 Z 6. Shows innovation in reducing expenses Additional comments/performance standards: i i i i • i i -9- Category Consider the following performance indicators in this category. other performance standards or indicators may be added as determined by the evaluator. Supervision Rating sz' ; SELECT RATING: - r 2 8 1. Effectively delegates then supervises performance 2. Is able to effectively and appropriately schedule work assignments of subordinates p 3. Takes action to monitor and increase effectiveness of delegated assignments 4. Monitors and follows through on personnel issues; takes appropriate action'that is also prompt and without delay 5. Thoroughly documents issues appropriate to the matter 6. Is consistent in the administration of City/department policies, rules and 3 , procedures 7. Complies, understands and can effectively administer the City's/department C, personnel policies, labor contracts, and procedures 8. Handles disciplinary measures in an appropriate manner 9. Understands his/her role as a supervisor/manager/director Additional comments/performance standards: i i i 1 I -10- Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Job Knowledge Rating SELECT RATING: ' ~O 1. Properly applies skills and knowledge of the techniques, procedures, products and 3• Co materials to perform quality work 2. Understands and performs all aspects of the job 3. Completes assignments in a thorough and accurate manner 4. Follows department policies and procedures 3 , 5. Integrates new subject matter into existing operations 6. Seeks additional job knowledge and skills and applies such to the overall 3 , Co improvement of the department/work unit. 7. Has the ability and versatility to manage most circumstances 8. Identifies and corrects problems 3 G 9. Paperwork is complete, correct and timely Additional comments/performance standards: i -11 Employee Performance Appraisal Supervisory EMPLOYEE DATA: NAME: DATE: CLASSIFICATION TITLE: DEPARTMENT: REVIEW PERIOD: FROM TO EMPLOYEE SIGNATURE: DATE: The content of this review has been discussed with me. My signature indicates knowledge and understanding of the contents of the appraisal and does not necessarily imply agreement. EVALUATOR SIGNATURE: DATE: DEPARTMENT DIRECTOR: DATE: H. R. APPROVAL: DA TE: CITY MANAGER: DATE: -1- INSTRUCTIONS The purpose of the performance appraisal is to: • Communicate performance goals, standards and expectations • Evaluate employee performance against job standards and expectations • Provide written documentation of employee performance • Assist with the development and training of employees • Create a dialogue between supervisors and employees on job performance matters Evaluate each "Category" of performance. Use the "Rating Categories" sheet (following page) and assign one rating on the line provided under "Rating" for each performance category (i.e. Organization & Planning). To the left of each numbered characteristic is a line. These lines are to be completed by the rater. You need to rate each characteristic using the "Rating Categories" on the following page. If a performance standard does not apply to the employee's job, indicate with a "N/A" designation. Managers are expected to follow appropriate safeguards to assure that the performance appraisal is available only to those who have a need and right to have access to the evaluation. When conducting a performance evaluation/appraisal meeting, it is recommended that the manager: 1. Explain the purpose and your agenda for the meeting. 2. Encourage response from the employee and two-way communication. 3. Mutually review performance expectations. 4. Discuss your ratings using specific examples. 5. Recognize areas of achievement/goals met, and identify opportunities for improvement. 6. Explore career progress and determine developmental/training needs. 7. Plan performance for the next review period. All employees must complete the "Employee Questionnaire." If they choose not to fill out the form, they must at a minimum sign and date the form indicating that they "choose not to submit any comments on the Employee Questionnaire." -2- RATING CATEGORIES - Supervisor/ Staff EXCEEDS EXPECTATIONS = EE Employees performance consistently exceeds performance criteria or standards for all aspects of the job. Employee performs even the difficult and complex parts of the job competently and thoroughly, including extra or unique tasks. In measurable accomplishments, employee's productivity regularly surpasses the required output. Decisions and recommendations are usually sound and may involve high risk areas. Employee is innovative and initiates, plans for, accurately prioritizes and accomplishes the work, and often takes action on his/her own to implement solutions without requiring prior direction. MEETS EXPECTATIONS = ME Employee's performance fully meets performance criteria or standards for practically all aspects of the work. In measurable accomplishments, employee's productivity meets and may occasionally surpass the required output. Performance is steady, reliable and competent. Decisions and recommendations are usually sound and generally in the moderate risk or structured areas within the duties. While the employee may exercise initiative and innovation in meeting the work, guidance and direction may be warranted to assist the employee in prioritizing duties and maintain productivity schedules. DOES NOT MEET EXPECTATIONS = DN Employee's performance does not meet the performance criteria or standards of the aspects of this job. Goals are not achieved or are met with only a minimum level of acceptability. In measurable accomplishments, employee's productivity is consistently below the required output. Employee is usually reluctant to take action on his/her own unless specifically directed. Employee is reluctant to make decisions or recommendations, or if made, they are often not sound and are usually low-risk or highly routine. Corrective action is necessary to improve the rating within the next reporting period. DEVELOPING = DEV Employee has not yet achieved full effectiveness but is in a training or developmental mode AND the rate of growth is proceeding at a satisfactory rate. -3- Category: Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Organization and Planning Rating SELECT RATING: 1. Establishes clear objectives and measures for self and others 2. Monitors process, progress and results appropriately 3. Effectively organizes employees, materials and support to get things done 4. Establishes both short and long term plans and goals to meet future needs 5. Shows foresight in recognizing problems in areas of responsibility 6. Foresees changes and trends relevant to area of responsibility 7. Adheres to schedules and plans 8. Is able to establish priorities and organize accordingly 9. Keeps appropriate manager advised of status of projects and work assignments 10. Comprehensive work plans are development and followed 11. Contingencies are anticipated and alternate plans are in place when contingencies arise 12. Demonstrates effective problem solving skills 13. Current work plan is tied into future years 14. Allocates and/or adjusts resources in response to workload and priority changes Additional comments/performance standards: -4- Category: Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Administration Rating SELECT RATING: 1. Maintains controls over areas of responsibility 2. Clearly defines responsibilities and authority limits to employees 3. Delegates authority and responsibility appropriately 4. Displays knowledge and expertise of sound management practices 5. Anticipates major challenges, issues and projects 6. Understands role and responsibilities 7. Provides information or help to supervisor when needed 8. Presents well considered alternatives when making recommendations 9. Carries out in depth analyses of department/division/unit performance 10. Makes decisions in timely manner that demonstrate good judgement and common sense 11. Notifies all affected parties prior to implementing decisions 12. Generates ideas and creative solutions 13. Exhibits effective and timely decision making skills 14. Follows up on problems and decisions 15. Executes directions and plans received from supervisor independent of personal likes/dislikes 16. Accepts criticism and feedback with minimum defensiveness 17. Ensures work is conducted in accordance with established laws and regulations 18. Promotes effective security practices and occupational safety and health in the work environment Additional commentstperformance standards: -e- Category: Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Employee Relationships / Development Rating SELECT RATING: 1. Selects competent employees 2. Trains and develops employees 3. Flexibly adjusts administrative techniques and styles when working with employees of different skills and abilities 4. Periodically meets with employees to share information which will affect them 5. Effectively works with and leads diverse groups 6. Encourages continuous growth and learning in others 7. Performance standards are highly developed, understood and communicated to employees 8. Shares negative performance feedback that is timely and direct 9. Shares positive performance feedback that is timely and direct 10. Timely and comprehensive performance evaluations are conducted 11. Develops teamwork and confidence with co-workers and subordinates 12. Provides guidance, support, and motivation to staff 13. Staff have training to adequately perform job tasks as well as to back up each other 14. Staff are encouraged and provided opportunities to increase job skills 15. New employees receive optimal training and orientation for their position Additional comments/performance standards: -6- Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Communication Skills Rating SELECT RATING: 1. Has effective working relationships with Council, City Manager, and other executives 2. Effectively communicates up, down and across departmental lines 3. Communicates ideas persuasively 4. Shows appropriate assertiveness in expressing and advocating points of view 5. Gains support and commitment from others 6. Negotiates effectively 7. Listens to what others have to say; seeks out appropriate information from others 8. Prepares well written materials that are logical, professional, organized and properly supported 9. Makes verbal presentations on matters of responsibility effectively to varied audiences 10. Able to see other's viewpoints Additional comments/performance standards; .7. Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Leadership Rating SELECT RATING: 1. Promotes respect, honesty, integrity and fairness to all 2. Clearly conveys goals and expectations to others 3. Steps forward to confront difficult issues 4. Takes risks 5. Encourages others to take risks 6. Supports the decisions of others when appropriate 7. Translates the City's/department's vision into actionable plans & direction 8. Is highly ethical and professional 9. Is an effective team member 10. Models collaboration 11. Demonstrates assertive initiative in perceiving and dealing with problems 12. Sets an example for others 13. Demonstrates the initiative to learn and accept new challenges 14. Promotes diversity efforts, awareness and appropriate conduct 15. Has effective working relationships with community groups and leaders 16. Is effective is motivating others and firm in handling problems 17. Initiates changes when necessary and manage them effectively 18. Takes action quickly to correct or prevent problems 19. Helps remove barriers to excellent customer service 20. Promotes a positive outlook • 21. Actively supports the City's mission and values i Additional comments/performance standards; i r r i i -8- Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Financial Rating SELECT RATING: 1. Controls operating costs by effectively utilizing staff, materials and equipment 2. Carefully monitors expenditures 3. Adheres to financial plan 4. Makes sound decisions that consider cost/benefit 5. Accurately estimates expense/revenue levels, capital budgets, and other factors 6. Shows innovation in reducing expenses Additional comments/performance standards: -g- Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Supervision Rating SELECT RATING: 1. Effectively delegates then supervises performance 2. Is able to effectively and appropriately schedule work assignments of subordinates 3. Takes action to monitor and increase effectiveness of delegated assignments 4. Monitors and follows through on personnel issues; takes appropriate action that is also prompt and without delay 5. Thoroughly documents issues appropriate to the matter 6. Is consistent in the administration of City/department policies, rules and procedures 7. Complies, understands and can effectively administer the City's/department personnel policies, labor contracts, and procedures 8. Handles disciplinary measures in an appropriate manner 9. Understands his/her role as a supervisor/manager/director Additional comments/performance standards: Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Job Knowledge Rating SELECT RATING: 1. Properly applies skills and knowledge of the techniques, procedures, products and materials to perform quality work 2. Understands and performs all aspects of the job 3. Completes assignments in a thorough and accurate manner 4. Follows department policies and procedures 5. Integrates new subject matter into existing operations 6. Seeks additional job knowledge and skills and applies such to the overall improvement of the department/work unit. 7. Has the ability and versatility to manage most circumstances 8. Identifies and corrects problems 9. Paperwork is complete, correct and timely Additional comments/performance standards: -11- Major Coals/Projects Completed during this Review Period Instructions: Please indicate the standards to be met In completing the goal/project. Goal/Project: Goal/Project: Goal/Project: Goal/Project: Goal/Project: Goal/Project: it i i i i i i -12- Major Goals/Projects for Next Review Period Instructions: Please Indicate the standards to be met In completing the goal/project. Goal/Project: Goal/Project: Goal/Project: Goal/Project: Goal/Project: Goal/Project: C s J J -13- PROFESSIONAL DEVELOPMENTITRAINING PLAN Employee Name: Date: Supervisor Name: Department: 1. List any training programs, conferences, courses or other developmental steps for this employee to improve in his/her present job, and/or to prepare for future responsibilities: Skill or Knowledge to be Developed or Strengthened Name of Program/Session Completion Date Desired Results Skill or Knowledge to be Developed or Strengthened Name of Program/Session Completion Date Desired Results Skill or Knowledge to be Developed or Strengthened Name of Program/Session Completion Date Desired Results -74- Skill or Knowledge to be Developed or Strengthened Name of Program/Session Completion Date Desired Results Skill or Knowledge to be Developed or Strengthened Name of Program/Session Completion Date Desired Results Employee's Signature Date Supervisor's Signature Date Department Director's Signature Date r a a J -15- EMPLOYEE WORK PLAN - Supervisory Employees Actions for Improvement This form may be used for employees whose performance is not meeting expectations or needs improvement. Describe below: • list the performance problem(s). • Describe specifically what the employee must do to improve (what objectives/dimensions must be met by the next review session in order to meet the expected job standards). • Describe what training/instruction/coaching will be made available to help the employee meet the standards. • Indicate the specific time frame in which all of actions/expectations are to occur. • Indicate when the next review session will take place. Supervisor's signature: Date: Employee's signature: Date: -16- EMPLOYEE QUESTIONNAIRE This self evaluation will be of help to both you and your supervisor in reviewing your progress and in future planning. It provides an opportunity to compare your view with that of your supervisor's on several issues. After completing this questionnaire, please submit this form to your supervisor prior to your performance evaluation meeting. All employees must complete the "Employee Questionnaire." If you choose not to fill out the form, you must at a minimum sign and date the form indicating that you "choose not to submit any comments on the Employee Questionnaire." 1. Do you understand the requirements of your job? 2. What duties and responsibilities should you have (or not have) to make you more effective? 3. What are your strengths as it applies to your current job? 4. What are some of the things you would like to improve or change within your department? 5. What are your goals for next year and what action will you take to accomplish these goals? 6. Suggest actions you would like your supervisor to take to help you accomplish your goals? 7. What skills do you have which you feel could be better utilized on the job? 8. What have been your major performance accomplishments in the last year? List some contributions you have made to your department's goals/efforts? i i1 9. What have been your major disappointments with your performance in the last year? i i i 10. What could you, your supervisor and/or the City do differently to help you better perform yourjob? .17- 11. In what areas do you feel additional education, training/development would be beneficial? 12. What other comments or suggestions should be addressed in this review? I choose not to submit any comments on the Employee Questionnaire. Employee Signature Date L J D 9 u ell PERFORMANCE APPRAISAL PROCESS FORM Name of Employee Job Classification Department/Division Anniversary Date Date Performance Appraisal Discussion Conducted *OPEU evaluations are due 10 days prior to the anniversary date. *TPOA evaluations are due by the anniversary date. *Management/Supervisory/Professional evaluations are due within 10 days after the anniversary date. If you failed to process the employee's performance appraisal for this employee by the appropriate deadline, you must complete the following information: Why wasn't the performance appraisal completed by the deadline? Who is responsible for completing the performance appraisal? What needs to be done in order to complete and process the performance appraisal? What steps will be taken so the supervisor responsible doesn't have this occur again? Supervisor's Signature Date Department Head's Signature Date -19- i City of Tigard i i RISK SERVICES 1 1 ~ ~ ~ ~ ~ t ~ 1 1 ~ ~ ~ 1 ` t ' "1 ~ ~ ~ ~ .iKw~~ e` K~"k ~ 1 ` n ~ ~ 1 4 , ' ` ~ ~ , 1 ~ , ' 4 ~ ~ ~ { ' ~ ~ ~ t~ ~ ~ ~ 1 i 1 i t I .1 I L ~ k 1` ~ ' 1}<< ~ ` ~ 1 ~l ! t ~ 4 ~ u ~ 2 c .tuv~ac µ l~k 1 1 ~ r r t / 1 1 ~ r~ 1 r r l ~ r Sr rl, Ir ` j1. r 1 ' ; 1 11 ' 1 ~ I r i 1 1 }1 ~ ~ 1 ~ ~ t ` r ti ~ I r I. l 1 1 ~ l ti I ti 1 4 l ,la~i.c~ F~^K 1 ~ 1 r I 1 r t / i 1 1 l Y l 1 ' 1 1 r ~ 1 1 r t ~ 1 Y { i ~ { { { Y I r~ 1 1 r i t t l i r Y 11 1 L 1 1 r t ` ' r r I 1{ ` 1 1 Y { ~ ~ ~ 1 { i 1 { { i J 1 ~ r 7 V J 1{ISK SENVICE ~ E 6 • ~1 i t ~ ~i. ' ~1 4 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Bill Monahan; u DATE: April 4, 2003 SUBJECT: PGE Issue On Tuesday of this week, Mayor Jim Griffith, Craig Prosser and I met with Judy Crafton and Paula Conway of PGE to receive the annual PGE franchise payment. Craig took possession of the check and has deposited it in the General Fund. Judy asked the Mayor to bring to Council's attention PGE's concern that formation of an elective people's utility district (PUD) in Multnomah County could lead to condemnation of both PGE and Pacific Corp. PGE is asking cities to consider passing resolutions opposing formation of the PUD. Mayor Griffith promised to share the PGE concern and information related to the issue with Council. Attached are copies of the materials for Council discussion at the Study Session of April 8. . Attachments a ac cn 0 w J Sample City Resolution RESOLUTION OPPOSING THE FORMATION OF AN ELECTRIC PEOPLE'S UTILITY DISTRICT (PUD) IN MULTNOMAH COUNTY WHEREAS, Portland General Electric (PGE) has been serving the Portland area for over 100 years and PacifiCorp has been serving the Portland area for nearly 100 years; and, WHEREAS, condemnation of these two private businesses through establishment of an entirely new government entity with independent taxing powers is a distraction the community does not need as it struggles to deal with maintaining existing businesses and government services; and, WHEREAS, condemnation sends the wrong messages to businesses looking to invest in the community; and, WHEREAS, a PUD would add uncertainty to an economy that is already severely strained and further promote the view that the Portland area is "anti-business;" and, WHEREAS, local government services face the prospect of losing as much as $40 million annually in taxes and franchise fees paid by PGE and PacifiCorp; and, WHEREAS, Multnomah County schools stand to lose approximately $1.4 million a year in energy conservation funds that could help reduce operating costs, worsening the school budget crisis; and, WHEREAS, energy conservation and renewable programs in Oregon stand to lose an estimated $10-15 million a year in public purpose funds; and, WHEREAS, a start up government utility would need to go deeply into debt to acquire the facilities of the two companies and such debt would have to be repaid either through rates or through additional taxes; and, t WHEREAS, a PUD condemnation proceeding will result in protracted litigation taking years and millions of dollars to resolve; and, WHEREAS, creating a new government utility could cost the Portland area thousands of private sector jobs and create a negative impact on the overall economy; and, WHEREAS, a start-up government utility would own little, if any power generation and would be dependent on the volatile wholesale market for nearly all power supply; and, WHEREAS, Multnomah County would no longer be served by the integrated generation, transmission and distribution systems of PGE and PacifiCorp; and, WHEREAS, the rate BPA charges government utilities has increased approximately 45 percent since September 2001 and is due to increase another 15 percent this year alone, and unlike established public utilities, a start-up government utility would incur a Targeted Adjustment Charge to compensate BPA for the cost of acquiring power in the wholesale market; and, WHEREAS, using the state's limited federally tax-exempt bonds to purchase PGE and PacifiCorp's distribution system in Multnomah County would harm the state's low- income housing and economic development programs and local efforts; and, WHEREAS, PGE and PacifiCorp contribute nearly $1.7 million each year to local charitable causes - contributions that are not charged to ratepayers; and, WHEREAS, PGE and PacifiCorp have a demonstrated record for superior customer service satisfaction and exceptional reliability performance; and, WHEREAS, the proposal to form a new People's Utility District in Multnomah County will increase uncertainty and risk for electric customers of PGE and PacifiCorp; and, WHEREAS, The Multnomah PUD proposal offers not a single persuasive argument for customers of PGE and PacifiCorp to support formation; and, NOW, THEREFORE BE IT RESOLVED, that the Mayor and the city council of the City of opposes the formation of the PUD and the subsequent condemnation and forced government takeover of the assets of PacifiCorp and Portland General Electric distribution systems in Multnomah County. Adopted by the Council: Mayor Commissioner Commissioner Commissioner Commissioner P Is Condemnation and the forced RISKY takeover of Pacific Power and Portland General Electric US I N E S distribution systems are ® ® ® fraught with risk and Pacific Power and PGE have served customers would cost Multnomah County well for more than a century. Multnomah residents dearly, at a time when our County residents enjoy excellent, safe and local economy is already fragile. reliable service and reasonable, consistent WI•Ilr THIS IS A SAD IDEA? prices, especially when compared to other parts of the country. (or, The Top 10 Myths about PUDs) The community benefits from nearly $1.7 million annually in Myth 1 - Lower rates combined local charitable support, hundreds of millions to • PGE rates are in line and in many cases below the annual payroll, strong corporate cultures that support rates of other northwest utilities, including many PUDs and cooperatives. employee volunteerism in all facets of the community, and • The Oregon Public Utility Commission (OPUC) reviews/sets private utility rates - there's no such about $40 million a year in taxes and fees that support review for public power. Myth 2 - Stable rates government programs. • Average cost per residential kilowatt-hour (or 1,000 kWh per month) was about 32 percent higher in 2002 than The amount of debt a people's utility district could amass to buy 1997 among the six large publicly owned utilities in Oregon. • How will a new PUD - starting with none of the the systems is, by proponents' own low estimates, $1.9 billion. advantages of PUDs formed 30, 40 and 50 years ago - ThaYs before they've even identified a viable power supply - at maintain rates at 1he current level, much less lower prices? • A start-up government utility is likely to have no generating plants, subjecting customers to the volatile open power any cost - to serve local customers. market for 100% of its electricity supply. Creating a start-up government utility could have a devastating Myth 3 - Cheap BPA power • Start-up utilities may not have access to BPA power. impact on jobs, local government revenues, the overall economy . BPA power isn't cheap. and electrical service to about 300,000 customers. Forcing • BPA's rates increased 45 percent in the last two years. • An additional 15 percent increase is due this year. Multnomah County electricity customers to switch to a start-up Myth 4 -Tax-free debt entity is a risky and expensive proposition. • The Oregon Public Power Coalition admits takeover costs could be $1.9 billion. • That estimate is probably low. • Federal law limits the amount of tax-exempt bonds oel available for use in Oregon. ME • Low-income housing, municipal water and sewer plants and economic development projects share the state's bond volume cap. Last year, only $35-40 million remained Cm wM EMetrk available. Myth 5 - Generation ownership would be Myth 7 - More money stays here , part of a new PUD • PGE and Pacific Power/PacifiCorp both have headquarters • A start-up utility would own little, if any, generating capability. in Portland, producing thousands of jobs in Multnomah • It would be entirely dependent on today's volatile, County and supporting annual payrolls of several hundred unpredictable wholesale market for nearly all of its power million dollars. supply. • Their combined impact on the local economy is much • Oregon law doesn't allow condemnation of thermal plants greater than that. and there are significant legal questions about a PUD's • Schools, government services could lose up to $40 million ability to condemn hydro plants. annually - PUDs are exempt from many taxes and fees. • For example, courts denied Emerald PUD's attempt to • Nearly $1.7 million each year is contributed by PacifiCorp condemn North Umpqua River Hydro Project. and PGE to local charitable causes. • Likewise, assets located outside of Oregon are not subject to Myth 8 - More responsive to customers Oregon's condemnation laws - 20 percent of PGE's thermal generation assets and most of Pacific Powers • PGE and Pacific Power are tops for customer service in generation are outside of Oregon. Oregon, with the lowest number of "at-fault" customer complaints of any major utility in Oregon, as reported by the Myth 6 - Public ownership is good OPUC. for the environment • PacifiCorp was awarded "Most Improved Electric Utility" by • Both Pack Power and PGE are among the nation's top TQS Research and was ranked sixth nationally in overall utilities for successful renewable energy programs. satisfaction among large industrial and commercial • In fact, PGE's commitment to purchasing renewables customers. enabled the construction of the first wind power plant and • PGE standards for reliability, safety, and customer service the first working biogas power plant in Oregon. have improved every year since 1997. • Pack Power's Blue Sky renewable energy program ranks • Pacific Power not only promises a certain level of service, third and PGE's Green Power Program ranks fourth on the but guarantees it, paying customers if they don't live up to a Department of Energy's national Top 10 list for customer service commitment. participation in "green pricing" programs. • PGE and Pacific Power answer to the OPUC regarding • More than 20,000 Pacific Power customers and 20,000 PGE customer service - a PUD does not. customers have signed up for renewable energy offerings - 80 percent of all green power sold in Oregon and Myth 9 - Condemnation at bargain basement prices Washington is to PGE and Pacific Power customers, . Most utilities sell for 1.5 to 5 times book value. according to the Renewable Northwest Project. • The OPUC allows a private utility purchaser to charge • The EPA's Green Power Leadership Award recognized ratepayers only the actual book value, regardless of sales Pacific Power, PGE and the OPUC for growing green power price - so ratepayers are protected. programs. • Government utility purchaser can charge ratepayers 100 • National Arbor Day Foundation and the National Association percent of costs associated with the purchase - ratepayers of State Foresters designated Pack Power a Tree Line aren't protected. USA Utility two years in a row. • Pack Power contributed about $50,000 last year to Earth Myth 10 - Setting up a PUD in Multnomah County Connection, Oregon Environmental Council, Friends of makes sense Trees, Nature Conservancy, Climate Neutral Network and • It has a negative impact on customers, schools, communities others. and Pacific Power and PGE employees. • Each year PGE contributes to numerous environmental . A negative impact and added uncertainty for the local causes and employees volunteer thousands of hours to economy that is already severely strained. groups such as SOLV and Friends of Trees "Seed the Future" campaign. • It's bad news for a community that has already lost many • PGE established the first green building standards as part of corporate headquarters. its Earth Advantage construction program. • It's an unsettling message to businesses being wooed to Portland - come to Portland and maybe we'll take over your • PGE is a corporate leader in restoring salmon and steelhead business. habitat in Oregon. 4E Portland Garwml Electric Agenda Item No. 1 . i. ' •,un,.~, Meeting of 4-1, a• 0 3 'iyk yr~~~trflh~'((N ,~`1~ 1[~1 i41 y~" Cl it ~//4n jl~l}% ~ y' w~. Y' J7 T 'E,~ S ~rl 1(E.~~ 2 "'ra1.%4a r, f r.• •4~~:I~N"In•w' 4j%M~~1 ~ , cc ;n PROCLAMATION Days of Remembrance "For Your Freedom and Ours" 1+~`'x WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European inilt+ji in,.1x ;~~,~„•~>ti,,,= ]every by Nazi Germany and its collaborators between 1933 and 1945. )eves were the primary victims -six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or decimation tfpij(ii'%<r ar,er...... 1 for racial, ethnic, or national reasons. Millions more, Including homosexuals, Jehovah's Witnesses, Soviet + prisoners of war and political dissidents, also suffered grievous oppression and death under Nazi tyranny; 1 " i WHEREAS, the history of Holocaust offers an opportunity to reflect on the moral responsibilities of I 'i individuals, societies, and governments; and x}((111,' {dais.; - ~1yi~; WHEREAS, we the people of the City of Tigard should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny; and WHEREAS, we the people of the City of Tigard should actively rededicate ourselves to the principles of " t 6 individual freedom in a just society; and ~u)»_ WHEREAS, the Days of Remembrance have been se[ aside for the people of the City of Tigard to remember the victims of the Holocaust as well as to reflect on the need for respect of all people; and WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1 780) the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be ,,,111(11:, Sunday, April 27 through Sunday, May 4, 2003 including the international Day of Remembrance known as 4 : ~911111~°+l Yom Hashoah, April 29; NOW THEREFORE BE IT RESOLVED THAT I, James E. Griffith, Mayor of Tigard, on behalf of the S entire City Council, do hereby proclaim: 3 Sunday, April 27 through Sunday, May 4, 2003 as r#n "J Days of Remembrance "For Your Freedom and Ours" in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Tigard, should strive to overcome intolerance and indifference through learning and remembrance. Dated this day of 2003. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. James E. Griffith, Mayor City of Tigard Attest: City Recorder x,, r •,,1~ , * ~ { i ' Il N lrorld?' Agenda Item No, 5 - - \1 ,n 1 'ni d.KNai s 1 (..f1,4 1Vlecting ofi Q y, IiY i{(Q ~!lrR~i iilp ti + ~ (i ~ e k ~ifiiii'' k ~ ....i,.•. ~ ',7K s ~ i s S ti• _ 3 ;;;;JJ y+~~Q pi ~.'.n' emus e ~ ~ uil , b~'u'yp Ids ` i lrr PROCLAMATION t Be Kind to Animals Week WHEREAS, Oregonians benefit tremendously from our animal friends, who give us companionship and j great pleasure In our daily lives; and •Y ~~.11 .1y,."'•.t lays WHEREAS, we have a firm responsibility to protect these fellow creatures from need, pain, fear and 9 suffering; and WHEREAS, we recognize that teaching attitudes of kindness, consideration and respect for all living ;W things through humane education in the schools and the community helps to provide the basic values on IIIIm+F which a humane and civilized society is built; and WHEREAS, we are deeply indebted to the Oregon Humane Society for 1 35 years of Invaluable service In caring for homeless animals, instilling human values in our children through education programs, and promoting a true working spirit of kindness and consideration for animals in the hearts and minds of all people; and 11!!t a ~•w.:.s'ar WHEREAS, we depend greatly upon our animal control agencies, veterinarians and other organizations that provide humane care for animals; and WHEREAS, May 4 - 10, 2003 is set aside to observe nationally the philosophy of kindness to animals.+ ~~,411111~"~~ ~ NOW THEREFORE BE IT RESOLVED THAT 1, Mayor James Griffith of the City of Tigard, Oregon, do hereby proclaim the week of May 4 - 10, 2003 as 7~luns Be Kind to Animals Week 1? In Tigard, Oregon and urge our citizens, businesses and organizations to join in this observance. f.. Dated this day of , 2003. ^rnliii+ ~ Ilil> i yy IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to a' be affixed. James Griffith, Mayor r 1y City of Tigard .ICI , IRxsc. Attest: =4tmiifii~ City Recorder , •}fez ;:«~,,i a~ y+ f Y 1,~s~vr \ i 'S 9 , ~ lf,~`/~f~, ,~,,.r~t"7 0 AGENDA ITEM NO. 3 - VISITOR'S AGENDA DATE : APRIL 8, 2003 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED V a C. c~ ~ a%-\ Z b 1 . S~ vC~C tip ~ ~ B ~o+- oR o-66 t r z 3 s W PBtI, A~~ Lk 01 L7 4 -t R Y7-L-0< i i I I I I VISITOR'S AGENDA Page 1 AGENDA ITEM # y a a FOR AGENDA OF: April 8, 2003 MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and Council FROM: Greer Gaston DATE: March 27, 2003 SUBJECT: Three-Month Council Calendar Regularly scheduled Council Meetings are marked with an asterisk April 3 Thurs Meeting with the School District - 7 p.m. Tigard-Tualatin School District Admin. Office 6960 SW Sandburg Rd, Tigard 8 * Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session 15 * Tues Council Workshop Meeting - 6:30 p.m. 22 Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session 28 Mon Budget Committee Meeting - 6:30 p.m. Puett Room - Library May 5 Mon Budget Committee Meeting - 6:30 p.m. Water Building Auditorium 12 Mon Budget Committee Meeting - 6:30 p.m. Water Building Auditorium 13 * Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session 19 Mon Budget Committee Meeting - 6:30 p.m. Water Building Auditorium 20 * Tues Council Workshop Meeting - 6:30 p.m. 27 * Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session June 2 Mon Budget Committee Meeting (if needed) - 6:30 p.m. Water Building Auditorium 10 * Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session 17 * Tues Council Workshop Meeting - 6:30 p.m. 24 * Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session \\TIG333\USR\DEPTSIADM1GREER\CITY COUNCIL\3 MONTH CALENDAR.DOC Tigard City COUncil Tentative Agenda Lit -Greeter 51'!3103 -Business N Gus -Greeter 4122103 - Business N Due: 4129103 @ 5 P•m' 4115103 - Workshop Study Session Due: 418103 °Q 5 P•m• City Attorney Attends Meeting ' Due: 411103 @ 5 P-m Study Session To ics dy anger ewew Workshop P until Members - Insurance Coverage of Co ' Jt Mtg dates on Labor Relationsli.itiga- Loreen(Tim -15 Update on LongTerm Water Supply min Exec Sess - updates min. ennis - tion - Sandy - Agenda date -Liz -15 min Consent Communication UMargaret - 20 min Consent Agenda WCCLS Formuia Update unci oa P a e reement - IGA - public Library Services A- o ment Program: argaret - 7 Downtown Redevelop a ara - min ment - Margaret - Iscusslon o temat►ves - IGA _ W ilinet Agree o mmittee Report - BLUE SHEET Z, Skateboard Task Force Co is - Business Meeting c a VA - Student Envoy nn Business Meeting Gus . 60 in VA - Chamber of Commerce r Street Maintenance Fee - PH- end Current u date - PpT- Margaret -10 min d Park Board - Ordinance to Am New Library P Budget - RES - FPT TMC Language -Bill -10 min Amend FY 2002-03 CIP Budg Gus -15 min Code Amendment - Morgan- Hone BLUE Occupations SHEET CAP Introduction -Liz (glue Sheet) Sl = standing item page 1 411103 Tigard City Council Tentative Agenda N -Greeter 5127103 - Business N -Greeter 6110103 - Business Due: 5127103 @ 5 P.m. 5120103 -Workshop Due: 5113103 @ 5 P.m• study Session Due: 516103 @ 5 P.m- Study Session + City Attorney Attends Meeting ` - orkshopToPics min. W - g w I raN oard it - argare Randall Grant Program Update -Liz -10 mm Housing Compliance Discussion/Legislative orts - Review of Commuter RailIDOWntOWn Circulation enda ac age - - mtn Consent Ag talus eport - - uane- oa islative Consent Agenda Affordable Housing Compliance/Leg Update/CPAH Update/Affordable Housing Trust Fund -Duane - Guest Speakers - 30 min Municipal Court Annual Report -Nadine -20 min Presentation on Tigard Fact Book - Beth - min Business Meeting Business Meeting VA - Student Envoy ? _ argaret - min en Burdick, Rep Williams -1 hour - ew i rary P ate - S Cathy Approve Fanno Creek Park Extension Master Plan - Dan P. -15 min. - ap a ea away acation - att SHEET Note: Schedule a joint meeting with Wash. Co. after June. Sl = standing item ~tentative.xls I:ladm/greeritentaty a9 Page 2 4/1/03 AGENDA ITEM # 3 FOR AGENDA OF April 8, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appoint Steve Varga to the Tree Board and appoint Rob Callan and Janet Gillis as first and second alternates, respectively, to the Tree Board. AA~~ PREPARED BY: Susan Koenping DEPT HEAD O ~'iTY MGR OK-/- ISSUE C~ ISSUE BEFORE THE COUNCIL Appointment of Steve Varga to the Tree Board and appointment of Rob Callan and Janet Gillis as alternates to the Tree Board. STAFF RECOMMENDATION Appoint Steve Varga to the Tree Board and appoint Rob Callan and Janet Gillis as alternates. INFORMATION SUMMARY A four-year term is open and needs to be filled to provide the Tree Board with the required number of members. There are currently no existing Tree Board alternates. All past alternates have been appointed to the Board. Attached is a resolution which, if adopted, would approve the appointment of Steve Varga to the Tree Board for a term that will end on April 30, 2007, and the appointment of Rob Callan as first alternate and Janet Gillis as second alternate. Alternates terns will end on April 30, 2005 or when they are appointed to replace existing members upon a member's midterm resignation. OTHER ALTERNATIVES CONSIDERED none VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal: The city will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. ATTACHMENT LIST Information about the candidates FISCAL NOTES There is no cost associated with this action. Information regarding the Tree Board Appointees April 8, 2003 Steve Varea holds a bachelors degree in landscape horticulture from Colorado State University and is employed in that capacity. He lives in the urban growth area north of the Tigard city limits. Rob Callan is self-employed as a travel consultant and was previously employed in banking. He lives in central Tigard, has resided in Tigard for 9 years, and has previously volunteered on Adopt-A-Stream projects in Tigard. Janet Gillis resides in the west side of Tigard and has lived in this community for 15 years. She is currently employed in a field where she uses her healthcare administration knowledge. Janet has planted trees as a volunteer in Tigard. 1:1NDMISUSANK\TREE BOARDIINFOTREE BOARD APPOINTEES 3'03.DOC AGENDA ITEM It FOR AGENDA OF April 08, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Initiation of Vacation proceedings for SW Mapleleaf Street and Unnamed Strip of Right-of-Way Vacation (VAC2002-00002) PREPARED BY: Mathew Scheideg eg r _ DEPT HEAD OK -c CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council initiate the vacation proceedings for an approximately 26,258 square foot portion of public right-of-way commonly known as SW Mapleleaf Street and a 9,716 square foot strip of right-of-way south of SW Mapleleaf Street? STAFF RECOMMENDATION It is recommended that Council initiate the vacation proceedings for the 26,258 square foot portion of public right-of-way commonly known as SW Mapleleaf Street (Attachment 3) but not the 9,716 square foot strip formerly known as SW Oak Way. INFORMATION SUMMARY In the City vacation process there are two ways of initiating the vacation of streets, easements and other public dedicated areas. An applicant may file a vacation petition with the City Council, which initiates a vacation by passing a Resolution to schedule a formal public hearing to consider such requests. The second option is for an applicant to file a petition with the Planning Commission requesting a vacation. This requires signatures of all abutting property owners and of the owners of two-thirds of the properties affected by the vacation. The Planning Commission then makes a recommendation to the City Council based on compliance with the Comprehensive Plan. The School District is asking the City Council to initiate vacation proceedings. Currently, Metzger School is built over a portion of Mapleleaf Street. The Tigard - Tualatin School District is going to replace the existing Metzger Elementary School with a new school at the same location. The School District is requesting to vacate 26,258 square feet of SW Mapleleaf Street and an approximately 9,716 square foot portion of right-of-way formerly known as SW Oak Way, which is a 14-foot-wide unimproved area runing east to west, south of the School District property. There are no existing utilities in or along either right-of-ways to be vacated as shown in Attachment 1, Exhibit C. Portions of SW Mapleleaf have previously been vacated in 1978 (Ordinance No. 78-182). This ordinance vacated Mapleleaf east of SW 90th Avenue.. Ordinance No. 89-19, vacated approximately 3,825 square feet of SW 93rd and SW Mapleleaf west of SW 90th Avenue in order to construct the Lincoln V office building and parking structure. Chapter 18.810.040.B.1 of the Tigard Development Code states, "The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the right-of-way line except: a. Where street location is precluded by natural topography, wetlands or other bodies of water, or pre-existing development; or b. For blocks adjacent to arterial streets, limited access highways, collectors or railroads. c. For non-residential blocks in which internal public circulation provides equivalent access. These standards are to provide connectivity and were adopted through the Transportation Systems Plan. With the vacation of Mapleleaf Street, the perimeter of the block will be approximately 2,600 feet. If the Oak Way portion is also vacated, the perimeter will be approximately 3,100 feet. Not vacating SW Mapleleaf Street would force the School District to build a two story structure and/or separate play areas from the school by the street. The applicant has indicated the school will provide pedestrian access across the property during non-school hours. Vacating SW Mapleleaf will require the School District to justify not meeting the perimeter standards in the conditional use hearing, which is scheduled for the 29th of April. If the standards listed above are not met, the applicant is to provide a public pedestrian easement or right-of-way at no more than 330 feet. Vacation of the SW Oak Way strip would make it more difficult to meet these standards. Whether the School District meets the standards will be judged by the Hearings Officer according to the code. OTHER ALTERNATIVES CONSIDERED Take no action at this time. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachments: Attachment 1: Letter Requesting Initiation of the Vacation Exhibit A: Plat Map Exhibit B: Aerial Photo Exhibit C: Utilities Map Attachment 2: Resolution Initiating the Vacation Exhibit A: Mapleleaf Street Legal Description Exhibit B: Mapleleaf Street Site Plan Exhibit C: Unnamed strip of public right-of-way formerly known as SW Oak Way Legal Description Exhibit D: Unnamed strip of public right-of-way formerly known as SW Oak Way Site Plan. C Attachment 3: Resolution Initiating the Vacation (SW Mapleleaff Street Only) Exhibit A: Mapleleaf Street Legal Description Exhibit B: Mapleleaf Street Site Plan i FISCAL NOTES i 1 1 There are no direct fiscal impacts as a result of this request as all fees have been paid by the applicant. ATTACHMENT 1 ' Tigard - Tualatin School District 23J Larry Hibbard Administration Center 6960 SW Sandburg Street Tigard, Oregon 97223 503-431.4000 • fax 503-437.4047 www.ttsd.k72.or.us December 27, 2002 Mayor Griffith Members of Tigard City Council City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Dear Mayor Griffith and Members of the Tigard City Council: The following materials are provided to request a City-initiated street vacation of the following roadways located adjacent to and through properties owned by the Tigard-Tualatin School District. The attached Plat Map (Exhibitk illustrates the location of the proposed vacations: • A portion of Mapleleaf Street between Monroe and Lincoln (previously vacated streets) • A portion of SW Oak Way, a 14 foot right-of-way south of Mapleleaf Street between Monroe and Lincoln (previously vacated streets) The Tigard-Tualatin School District (the District) is requesting that the City Council bring forward these street vacations for the following reasons: 1. As shown on the Plat Map (Exhibit/(), portions of the right-of-ways for both of these streets have already been vacated. The western portion of Mapleleaf Street was vacated in 1979; with the eastern portion of the Mapleleaf Street right of way vacated in 1988. 2. As shown on the Aerial Photo (Exhibit), a portion of the Mapleleaf Street right of way is already covered by a portion of the existing Metzger Elementary School, constructed in the mid .1970's. This construction was approved as a Conditional Use by Washington County in 1972. 3. The District is interested in replacing the Metzger Elementary School with a new school at the same location. Development of a new school of sufficient size to meet the needs of the School District with adequate open space, amenities, and parking is extremely difficult unless these rights-of-way are vacated. In accordance with our discussions with City of Tigard Planning staff, the District will be applying concurrent to this request for a Conditional Use application for this development. 4. As shown on Exhibitd, Utilities Maps, there are no existing utilities in or along either right-of- way that we are requesting to be vacated. rrvr•r• • • v • • a A 3 m a Previously Vacated SECTION 35 TIS,RIW YY ~ p / Street Vacation Request W.M. SCALES l = 200, T S S .W. 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T`' •p, )r. ~ f ~ yl?il: ~ ~ SctY .LF y _ ,...,~a'!x` y rr• _.7. 6 ~t4`~ 1~~. t: ter, f,• ~ ~ ; G' `cu'e tt ',,4 o s e 1~ i~F. l i ~ ff ~r~~1}~?, :i~"S". ~:'-,'i'? ~ ~ Y .4 f z '7Ar, , c ef-i +n.~"w`~'~y~ r' ("t r r ~4 ~ cF ( ~ys s ''tom f'~ s 4~~ ' ; ' j 4"~%=~,,t r r'~e,. f;a Y' r i+• _ . ~~~s~> yr i il4r .t t 5 111 f fr ` 4a~yti rgh54~ P.:ryj , 3 -~t"~AL{+E' ~ . ..•ys:~r`•s(jyxy~~~ . v,M r , q: J.• m '.;n',,,,,~ ' o, `3 ~ ' ; .3='r '4 • " l~ a.. t5'lct.~ s ' - a. t S t f 3 t y, ~ ~•y ~ Mfr ~ _...---^'1 j. t ~j`. i... • r^ F x 4a~•?i~=,r 'ar~.r, 1;~ .t ! • WV, ' w :rn OE00Ra we INi OPYat10Y ' • VICII41 'I'l .w i p ciNlAw ►i _ i s~ ~t~litits a • t MAP~,~~Ep,F S~ upp Ya9 lY 900 fact 100 200 0 2;2 led q`n -s - macs+rota~1°"~ sew oe ~9 i ,sou+a ,at25 oR a.,n, u, of~ t AP,GtG03 W plot date fan 13' 2003; Gt Q ~,LI'Ii~tJ31 dt~1S i ATTACHMENT 3 CITY OF TIGARD, OREGON RESOLUTION NO. 03- A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACATE AN APPROXIMATELY 26,258 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW MAPLELEAF STREET (VAC2002-00002). WHEREAS, the approximately 26,258 square foot portion of the road had previously been dedicated to the public; and WHEREAS, the applicant has requested that the City of Tigard initiate Vacation proceedings to vacate an approximately 26,258 square foot portion of public right-of-way, as described in Attachment 3, Exhibit "A" and shown in Attachment 3, Exhibit "B" better known as SW Mapleleaf Street; and WHEREAS, the said portion of public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 26,258 square foot portion of public right-of-way commonly know as SW Mapleleaf Street, as more particularly described in Attachment 3, Exhibit "A" and shown in Attachment 3, Exhibit "B" and by reference, made a part hereof. SECTION 2: A public hearing is hereby called to be held by the City Council on May 27, 2003 at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacation of said public right-of-way. EFFECTIVE DATE: PASSED: This day of 2003. i i i Mayor - City of Tigard i ATTEST: i City Recorder - City of Tigard RESOLUTION NO. 03- Page I ATTACHMENT 3 EXHIBIT A TIGARD-TUALATIN SCHOOL DISTRICT WASHINGTON COUNTY, OREGON RIGHT OF WAY VACATION JANUARY 7, 2003 SHEET 1 OF 2 LEGAL DESCRIPTION: PORTIONS OF THOSE RIGHT OF WAYS DEDICATED IN THE PLAT OF'TOWN OF METZGER', WASHINGTON COUNTY PLAT RECORDS, AS SW MAPLE LEAF STREET AND SW TAYLOR STREET LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN IN THE CITY OF METZGER, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 10, BLOCK 5, SAID PLAT OF'TOWN OF METZGER', SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF SW 90TH AVENUE (MONROE STREET) (25 FEET FROM THE CENTERLINE THEREOF); THENCE LEAVING SAID WESTERLY RIGHT OF WAY ALONG THE NORTHERLY RIGHT OF WAY LINE OF SW MAPLE LEAF STREET (25 FEET FROM THE CENTERLINE THEREOF) SOUTH 89°34'00" WEST, 449.54 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SW TAYLOR STREET (25 FEET FROM THE CENTERLINE THEREOF); THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE NORTH 00°29'26" WEST, 94.33 FEET TO THE EASTERLY RIGHT OF WAY LINE OF THAT CERTAIN EXCEPTED 60 FOOT WIDE STRIP OF LAND PER DEED DOCUMENT NO. 89-33482, RECORDED JULY 24, 1989, WASHINGTON COUNTY DEED RECORDS, BEING A PORTION OF REALIGNED SW 92ND AND 93RD AVENUES AS DEFINED IN SURVEY NUMBER 23508, WASHINGTON COUNTY SURVEY RECORDS; THENCE SOUTHWESTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE ALONG THE CURVE OF A 380.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST THROUGH A CENTRAL ANGLE OF 19°29'23" (THE LONG CHORD BEARS SOUTH 22°22'56" WEST, 128.64 FEET) AN ARC DISTANCE OF 129.26 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID TAYLOR STREET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE OF SAID SW LINCOLN STREET ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID TAYLOR STREET SOUTH 00°29'26" EAST, 25.76 FEET TO A POINT OF INTERSECTION OF SAID WESTERLY RIGHT OF WAY LINE AND THE WESTERLY PROJECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF SAID SW MAPLE LEAF STREET; THENCE EASTERLY ALONG SAID WESTERLY PROJECTION AND SAID SOUTHERLY RIGHT OF WAY L LINE NORTH 89034'00° EAST, 499.54 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID SW 90TH AVENUE; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH 00°29'26' WEST, 50.00 FEET TO THE POINT OF BEGINNING. 4 REGISTERED CONTAINING 25,258 SQUARE FEET OR 0.603 ACRES MORE OR LESS. PROFESSIONAL LAND SURVEYOR OREGON Nov. Ia. ION PICHA~D 4RAW RENEWAL: it/31 la3 ATTACHMENT 3 EXHIBIT B F4GHT OF WAY VACATION OF PORTIONS OF SW MAPLE LEAF AND SW TAYLOR STREETS WITHIN THE PLAT OF "TOWN OF METZGER' LOCATED IN THE NE 1A OF SECTION 35 IN TOWNSHIP 1 SOUTH, RANGE 1 WEST, WIUMETTE MEM04AN CITY OF TIGARD, WASWNGMN COUNTY. OREGON JANUARY 7. 200.3 SW LOCUST STREET 7tj ~i ni 4 ( 3 2 ~ 1 N I1 Z Of O -J Of Z Q~ O 12 (n EASTERLY MARGIN OF 60' WIDE w STRIP OF LAND PER DEED 6 It DOCUMENT NO. 89-33482 in L Q T- En N ;.W 8 9 10 cxi Q 7 8 i 9 1 10 rn +7 I I 6 4y POINT OF o I 3 1 BEGINNING tai). VJ z° BLOpC 6 `n BLOCK 5 ~89;34'00"W S00'29 26 449.5;!; 00 29'26'W ° Jo' 25.76' SW MAPLE LEAF STREET 50.00' 89'3?100°E 499.54 G1 ^ L7 0 BLOCK I? I 7 0 BLOCK 18 3 2 2525' -I- L 6=19'29'23' R=380.OD' L=129.26' CFI=S22'22'56'W 128,64' z SCALE V-107 JOB NO. TSD3039 SHEET 2 OF 2 R O E S 1 G (V J N C. 5415 SW WESFGATE OR, PORlum. OREGON 97221 It (503) 419-2500 FAX: (503) 419-2600 PLANNERS ■ ENGINEERS a LAWSCAPE AWN IECFS a SMVEYORS ■ MEMORANDUM TO: Dan Plaza FROM: Cathy Wheatley RE: Two Amendments to the ARD Agreement - Approved by Council on April 8, 2003 DATE: April 14, 2003 Dan, attached are three originally signed copies of the above-referenced agreement amendments. These originals are being provided to you so you can obtain the appropriate signatures from the Atfalati organization. One original is for their files, an original should be forwarded to the Records Division, and the third is for your records. Thanks Dan. Attachments I:\NDM\CATFMMTG-DIST\ATFAIATI AGREEMENT AMENDMENTS.DOC 1tar++ Na 14' For CouncH Newsletter deter! y' c f'D MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder 00VA DATE: April 4, 2003 SUBJECT: Atfalati Recreation District (ARD) Repayment Schedule and Concession Stand Operation - Agenda Item No. 4.4 for the April 8, 2003, City Council Meeting Attached are the items listed as "Attachments" for the above referenced agenda item scheduled for the April 8 Council meeting: • Amendment to Agreement - Concession Stand Operation • Second Amendment to Agreement - Repayment Schedule (ARD) • Memo from Parks Manager Dan Plaza Dated March 10, 2003 I:\ADMIPACKET'03\20030408WTAFI.ATI - MEMO REGARDIG ATTACHMENTS.DOC 0 1 1 I 1 r AGENDA ITEM # FOR AGENDA OF April 8, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider Approval of the Atafalati Recreation District Repayment Schedule and Concession Stand Operation PREPARED BY: Dan Plaza DEPT HEAD OK CITY MGR OI{g ISSUE BEFORE THE COUNCIL Shall the Council consider and approve an addendum to the Atfalati Recreation District agreement dated January 27, 1998 establishing a repayment schedule as well as approval of the concession stand operations? STAFF RECOMMENDATION Staff recommends that Council approve options agreed upon at the March 18, 2003 meeting establishing a repayment schedule and concession stand operations with the Atfalati Recreation District. INFORMATION SUMMARY In the mid 1990's, the City and representatives of the Tigard Soccer League, Little League Baseball, and Youth Football began a discussion and collaboration that led to an agreement between the City and the Atfalati Recreation District (ARD), a non-profit organization. The purpose of the agreement is to 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 of the property, • Improvements to the property, • Maintenance of the property, and • Use of the developed fields and the related facilities with the expansion of Cook Park. 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 to provide a more detail agreement, to address , the construction and operation of a concession stand at Cook Park as well as repayment for funds expended by the City for ARD. Information was provided to Council at the workshop on March 18`h regarding the five options available for the proposed repayment schedule. Council was also provided a copy of the tentative concession stand operation proposal from ARD for consideration. The Council members agreed they would consider agreeing i to a $65,000 credit requested by ARD. With regard to loan interest, Council discussed the state of the City's finances as well as the services provided to the community by ARD. An option that Council members would consider is a grant to ARD (in the community events portion of the budget) for $5,000 a year for the next ten (10) years. ARD would need to apply for a grant each year along with other community event requests. Council agreed with the Concession Stand Operation Agreement Addendum as presented. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY • City Council Goal #4 - Continue to implement the City Park Master Plan • Task (5) Continue to implement the Cook Park master plan ATTACHMENT LIST I . Addendum to agreement - Concession Stand Operation (to be distributed 4/4) 2. Addendum to agreement - Repayment Schedule (to be distributed 4/4) 3. Memo from Parks Manager Dan Plaza dated March 10, 2003 (to be distributed 4/4) FISCAL NOTES The financial impact of this decision will rest upon the option that is chosen for repayment of the debt owed by Atfalati Recreation District to the City of Tigard. i i 1 1. J 1~ _ Rom No. For Council Newsletter dated • 5 MEMORANDUM CITY OF TIGARD, OREGON TO: City Council FROM: Mathew Scheidegg~r . DATE: April 2, 2003 SUBJECT: VAC2002-00002 (Tigard/Tualatin School District) Please note that for the school district vacation (VAC2002-00002) request there are two resolutions in the Council packet for consideration. It is suggested that the Council remove this item from the consent agenda for discussion. The first option is a resolution adopting the School District's vacation request. The School District is asking the City Council to initiate vacation proceedings to vacate 26,258 square feet of SW Mapleleaf Street and an approximately 9,716 square foot portion of right-of-way formerly known as SW Oak Way, which is a 14-foot-wide unimproved area running east to west, south of the School District property. The vacation request relates to the reconstruction of Metzger Elementary School. The second option is the adoption of a resolution that outlines the Planning Staff's recommendation that Council initiate the vacation proceedings for the 26,258 square foot portion of public right-of-way commonly known as SW Mapleleaf Street, but not the 9,716 square foot strip formerly known as SW Oak Way. The reason for the second resolution is that Chapter 18.810.040.B.1 of the Tigard Development Code states, "The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the right-of-way line except: a. Where street location is precluded by natural topography, wetlands or other bodies of water, or pre-existing development; or b. For blocks adjacent to arterial streets, limited access highways, collectors or railroads. c. For non-residential blocks in which internal public circulation provides equivalent access. These standards are to provide connectivity and were adopted through the Transportation Systems Plan. With the vacation of Mapleleaf Street, the perimeter of the block will be approximately 2,600 feet. If the Oak Way portion is also vacated, the perimeter will be approximately 3,100 feet. Not vacating SW Mapleleaf Street would force the School District to build a two story structure and/or separating play areas from the school by the street. The applicant has indicated the school will provide pedestrian access across the property during non-school hours. Vacating SW Mapleleaf will require the School District to justify not meeting the perimeter standards in the conditional use hearing, which is scheduled for the 29th of April. The Development Code and Transportation Systems Plan requires the applicant is to provide a public pedestrian easement or right-of-way at no more than 330 feet, if block standards are not met. Vacation of the SW Oak Way strip would make it more difficult to meet these standards. This strip provides the opportunity for a connection. Whether the School District meets the standards will be judged by the Hearings Officer according to the code. The vacation process is the legal means of turning back street right-of-way or easements back to adjacent property owners. It is governed by state statue (ORS 271) and Municipal Code (Chapter 15.08). There are two ways to initiate the vacation of streets, easements and other public dedicated areas. An applicant may file a vacation petition with the City Council, which initiates a vacation by passing a Resolution to schedule a formal public hearing to consider such requests. The second option is for an applicant to file a petition with the Planning Commission requesting a vacation. This requires signatures of all abutting property owners and of the owners of two- thirds of the properties affected by the vacation. The Planning Commission then makes a recommendation to the City Council based on compliance with the Comprehensive Plan. The City has commonly used the petition to the City Council process over the years. The Council however, is under no obligation to initiate the request. AMENDMENT TO AGREEMENT DATED FEBRUARY 2, 1998 BETWEEN THE CITY OF TIGARD AND ATFALATI RECREATION DISTRICT, INC. This Amendment is made between the City of Tigard, an Oregon municipal corporation ("City") and Atfalati Recreation District, Inc. (ARD) and amends the agreement between them dated February 2, 1998. RECITALS a. City and ARD entered into an agreement dated February 2, 1998, concerning the respective rights and obligations of the parties in the Gray/Lamb Cook Park Addition (the Property), in which each party has an interest. b. Section 9 of the 1998 Agreement contains provisions relating to improvement in the park, including a "snack shack." C. The parties wish to clarify their respective rights and responsibilities relating to the sale of items at the park by amending Section 9 of the 1998 Agreement as set forth below. AGREEMENT I. Section 9 of the 1998 Agreement is amended to read as follows: 9. Improvements and Concession Stand. a. 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. All improvements to the Property shall be constructed consistent with all local and state legal requirements. All improvements are the property of the City. b. The parties agree that ARD shall operate the concession stand on the Property under the terms detailed in the attached Exhibit A, which is L incorporated by this reference. 2. All provisions of the 1998 Agreement other than Section 9 remain in full force a and effect. The 1998 Agreement, as amended, is not an agreement for the purchase or Q sale of goods or services. 9 - u CITY OF TIGARD ATFLALATI RECREATION DISRICT, INC. By: By: Its: Its: EXHIBIT A TERMS OF CONCESSION STAND OPERATION 1. ARD, in the exercise of ownership interest in the Property, may operate the existing concession stand on the Property. ARD may contract with one or more appropriately licensed service providers to operate the concession stand. 2. In order to preserve the Property and the City's interests in the Property, ARD shall be responsible for clean-up and litter removal associated with the concession stand. ARD may place litter in City waste bins on the Property. 3. In order to allow clean up of the Property, the concession stand shall close one hour before dark. 4. ARD's right to operate the concession stand is limited to a right to sell items consistent with the purpose of the operation of the Property. ARD may sell food, non- alcoholic beverages, snacks, apparel, souvenirs, and other similar small items at the concession stand. ARD shall not sell or otherwise provide any tobacco products, alcoholic beverage, or food with alcoholic content at or from the concession stand. 5. Because the concession stand is City property, the City must approve the location, size, and appearance of all signs within or on the concession stand. 6. ARD is responsible for the maintenance, repair and upkeep of all equipment installed and/or operated by ARD or its contractor within the concession stand. ARD shall not install any equipment on the Property without the prior written approval of the City. The City is responsible for the maintenance, repair and upkeep of all equipment installed by the City or its contractors. ARD shall be liable to the City for any damage to City property caused by ARD or its contractor(s). ARD shall be responsible for cleaning plugged sewer lines in and from the concession stand unless the plugged condition is the result of faulty installation or design. 7. No modification to the structure of the concession stand shall be made without approval of both parties. Repair shall not be considered a modification for purposes of this section. The City may repair the structure without approval of ARD, but shall consult with ARD concerning any repair. 8, The concession stand is currently connected to electric, water, and sewer. ARD shall be responsible for payment for utility services for the concession stand. 9. In the exercise of its ownership interest in the Property, ARD may also engage in sales of food, beverages, novelties and apparel at other locations on the Property. This provision does not create any right to construct a structure on the Property. ARD may exercise this right through contractors or licensees. 10. ARD is not an agent, partner, or joint venturer of the City for any purpose. Both parties have an interest in the Property and this agreement is intended solely to govern one aspect of their respective rights and interests in the property. 11. ARD shall defend, hold harmless and indemnify City, its officers, agents and employees from all claims, suits, or actions, and all expenses incidental to the investigation and defense thereof, related to, or alleged to relate to, ARD's or its contractor's operation of the concession stand. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 12. ARD shall maintain insurance acceptable to City in full force and effect throughout the term of this contract and provide certificates of insurance to the City demonstrating the coverage required by this section. Such insurance shall cover all risks arising directly or indirectly out of operation of the concession stand, including the operations of any contractors of any tier, with coverage of at least $1 million per occurrence and $2 million aggregate. The insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The City shall be listed as an additional insured. If the insurance is arranged on a "claims-made" basis, ARD shall obtain Extended Reporting coverage for a duration of 24 months after ARD ceases to operate the concession stand. ARD shall not cancel or materially change insurance coverage without 30 days written notice to the City. The insurance policy shall include a cross-liability clause or separation of insureds clause. The procuring of required insurance shall not be construed to limit Section 12. 13. ARD shall comply with workers compensation laws and shall require its contractor(s) to do so. 14. All conditions required to be in an agreement of this type by ORS Chapter 279, including the provisions required by ORS 279.310 through 279.316, ORS 279.320 and ORS 279.334 through 279.380 are incorporated herein as though fully set forth herein, and ARD and its contractor shall comply with all applicable substantive provisions of those statutes. The parties have concluded that these requirements do not apply to this 6 contract. However, should an administrative agency or court with jurisdiction decide otherwise, ARD shall hold the City harmless from any and all claims, penalties or damages resulting from failure to include comply with any provision of ORS Chapter i 279. i i i SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TIGARD AND ATFALATI RECREATION DISTRICT, INC. THIS SECOND AMENDMENT is made and effective the day of , 2003, by and between The City of Tigard, an Oregon municipal corporation (the "City") and Atfalati Recreation District, Inc., an Oregon nonprofit corporation ("ARD"). This Second Amendment is to that certain agreement between The City and ARD dated February 2, 1998, as amended by the parties effective , 2003 (said agreement, as amended, is referred to as the "Agreement"). Recitals A. The Agreement sets forth the respective rights and obligations of the parties with regard to the Gray/Lamb Cook Park Addition (the "Property") in which each party holds an ownership interest. B. The City and ARD have previously amended Section 9 of the Agreement. C. By this Second Amendment the parties intend to further amend the Agreement to provide for the installation of, and credits for, certain improvements to the Property and to clarify the payment obligations of ARD pursuant to the Agreement. Amendment 1. Section I of the Agreement is deleted and replaced by the following section and subsection: Ill. Purchase of Real Propert y. ARD agrees to pay to the City in consideration for ARD's ownership interest in the Property a purchase price for the Property in an amount, and in accordance with the schedule, set forth on Exhibit A to the Second Amendment of this Agreement (the "Purchase Price"). ARD shall receive credits against the Purchase Price as follows: (i) $12,500 upon completion by ARD of the purchase and installation on the Property of portable backstops, goals, benches, bases, pitching mounds, field lining and other improvements agreed upon by the parties; (ii) $7,000 upon installation by ARD of safety devices to prevent fly balls from traveling into the parking lot on the Property; (iii) $30,000 upon replacement by ARD of backstops and dugouts on the Property existing at the date of the Second Amendment of this Agreement; and (iv) $15,000 as a one-time total credit for scholarships given by ARD that benefit the community. "1.1 Application For and Potential Award of Grants. ARD may apply to the City in each of the ten (10) consecutive fiscal years, commencing with the 2003-2004 fiscal year, for community event grants in the amount of $5,000 per fiscal year. ARD agrees that any and all grant funds obtained pursuant to such applications will be applied by ARD as payments to the City to reduce the Purchase Price." 2. Effect of Second Amendment. The provisions of this Second Amendment supercede and take precedence over any and all inconsistent provisions of the Agreement. Except as amended hereby, the Agreement is restated and reaffirmed by the parties hereto. IN WITNESS WHEREOF, this Second Amendment has been executed and made effective by the parties as of the date first above written. CITY OF TIGARD, ATFALATI RECREATION DISTRICT, an Oregon municipal corporation INC., an Oregon nonprofit corporation By. By: Its: Its: 191 W MYLLgT•faw a9um vay,.n Sweb n IPAYMENT IS FOR NET AMOUNT INCLUDING INTEREST. PAYMENTS ARE PER THE ARD PROPOSED PAYMENTSCHEOULE ANDOMDE00CITTO2013. ACREOITFORS65,0001SGNEN FOR ITEMS REQUESTED PER LETTER FROM ARD TO ED WEGNER. MUM Recreation District -Tigard Little League & SouthSlda Soccer Club RepaymnKef Eiwndihwe for Cock Pads l oprevenwlY11 Las. A1ma9 PaPMds Pa PsR PaW Year PaymY par-la kpft~ft Y l.P Ya Pmd aw Y 1wea PaHnYW Trial 2012 Fmd Year Pav09.~ 20I R Fiac.Itl Year fit l Year FsY F-21 Year Blm Ctedlad lp tkl ea4 F=A Ytmv FwW 2 Yea, Fb20 l Year Fill Year Fkcmi ea Proo9cad P-- AAy3Ay]1, 20! ARD 9o01omienl. AN3t 71, .2002 2W3 200] 2004 2005 2008 2(47 20DII 2008 20! 2010 2011 FY 20O FY 2017 Paonadl t"PurWu-0,0ha lloOK n S 80.000.00 S 3 MoDow 115.00000 S 15,00000 f 15,00000 $ 14000.00 S - 5 - 5 - 3 3 - 3 - 3 - S 60.000.00 (NO Ydpesl to Be dw9od) Spollfdd MVmw d.(P-pal 89doolat) n $ 37.562.00 • (8,150.00) S 29.112.00 - 1,911.39 2.180.19 2."9.67 43n.1B CAR! 4311.32 4,775.29 420.70 4.080.59 3.60131 $ 35417,41 Gr9dnp, i1995on, and S..WV Conov.iOn SMM a R"bo0m(PAocpW a mla Q n S 256.000.00 (58,55000) S 199,45000 12,92547 14,456.67 16.39761 30.60.5 37 29998.78 30,191.16 29$60.75 28.]9747 27.308.56 24.102.63 li 24371818 Sub Tdal•@N] S 290AU 00 (&5.000.09) 226,582.W 14.550(4 1454B.a6 18,84327 353.7.51 3101.38 7170248 33,65804 32.6]6.17 31.789.17 27.704.17 S 250.1]]69 Total paymenl.•n•n.t i 357,562.00 f 163,000.00) L Z2656200 f15,000.00 329.656.86 $31.616.86 SM,643 27 $35247.51 531,451.38 .31.7M 48 65904 532.536.17 S 71.389.17 f 27,701.17 S ]10,1]7.59 •-BaluKa k1rAWai wymaN d 510.009 mada by pd db. on At, 10, 202 Dad PaPnnl 44(45427 a al up to slid popwad plndwl pryman plw calo"ted DITEPEST Dab P wt-A sold. bira.l p0. lical Year. TM owNad used to dMdo Primlota bateeal FkW Rata.-as iopnawl la and COnca..bn Stand/R.&-was 0.w pc." ofaac0 eam OECDD I- 1f4)Imm 0 3(4000% 000 Moo dvldadbflMlailalnant JI3%k97Yd. 11411/100/ 8.000 7.00000% 8.858.86 14,858.66 1L012W5 moon 3.00000% 6.616.68 18.61638 i'allwo6 mom 315000% 6.81327 16.543.27 1 b01/1(47 26.900 3.65000% 7247.51 3570.51 11/01!1(48 28.090 ]80000% 6.181.35 34,451.35 11m1r2(49 29.000 400000% 5.M2A8 34,702.48 11411/1010 29.000 4.10000% 4.65604 37.55604 11101/[011 29.000 4.30000% 3.636.17 72676.17 114112012 29.000 430900% 2.78917 31.369.17 I tA=13 25.5n 4.30099% 1.11217 27.704.17 savaga Dar wrooni p w h.. ARD(RL• SSSC)ald 218,SR 51,571. a7 260,113.89 351 d deml AFD 2748 SWW ma" anal (:adl pa& (565.000) FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 FY 2(411 FY 2005 FY 2019 Ff 2011 FY 2322 Pay to ROPOSED PROr APAL PAYMENTS FROM ARD (TLLa sssc) 53,sollm 15000.00 23,000.00 25.000.00 27,0(4.00 211.004.00 21.000.00 23.004.0 29.004.00 29.000.00 2aamoo ACWW Paid FY 2W2 420(4 Pak! 4r19m2 -Land Paymnu 15,0(4.W PatdllaWt&l71/1N1-SSSCa TLL la'aW.W Paid71101!-ARD-WS0u0oga Satter CWb 40.00.(4 Tani 65.000.(4 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 acquisition for an expansion of Cook Park. Through a series of meetings, the City and 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. Another purpose of the agreement was to allow for the consolidation and coordinated use of the existing playing fields as well as the playing fields to be developed. According to the original Agreement, in addition to the land acquisition contribution, ARD would contribute a percentage to be determined for the development of the 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. The above i examples as well as other development projects on the property would be shared on a ! negotiated percentage basis between the parties. Through subsequent discussions, the-City and ARD agreed that ARD would be responsible for half the cost of the land acquisition, sports field development and concession stand/restroom building construction. City of Tigard/ARD Agreement March 18, 2003 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 ARD contribution on these costs. Repayment Schedule Discussion The table below displays the project estimates, the City's share of expenditures, ARD proposed reimbursement, ARID payments to date, and ARD's principal remaining balance, excluding"any interest or requested credits. ARD City ARD Share ARID Project Share Share Paid to Principal Project Description Estimate Actual Proposed Date 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 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 1 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 Landscaping/Irrigation 34,534 Gazebo 105,188 Phase II 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 ARD 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 ARD to consider in the repayment of the principal amount of $353,562. At no time did staff advise ARD 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 ARD 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 31b Payment of the net amount with no interest. Payments are per the ARD proposed payment schedule plus a balloon payment in 2012. A credit for $65,000, suggested by staff, is given for items requested by ARD. Option 3c Payment is for net amount including interest. Payments are per the ARD 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 j Outlined below in Table If are the five options and their financial impact Credit Total Payment Balloon requested Term of Proposed Amount Interest Payment b ARD Loan Payments Option 1 $353,562 $57,345 $78,811 $0 2012 $410,907 Option 2 (Admin 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. 4 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 III 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- G~2 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: By Ulkltli m0t~3 vote of all Council members present after being read by number and title only, this? '~rt day of + 1998. Catherine Wheatley, City Recor e APPROVED: By Tigard City Council this day of 4 Cl.'n U~ ct 998. J icoli, Mayor 3 Appr ed as to f - City Attorney Date is%adm%cathy%councii%atfalord.doc ORDINANCE No. 98-02- Page I EK-IBIT A ° T-T.IaRD CITY ORDINANCE-NO. 98- J AGREEMENT The City of Tigard, an Oregon municipal corporation ("City"). aas 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 Recreadzin 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 tts~- Property, development of the Property, improvements to the Property, maintenance of the Proper y, 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 [TLL]) have an arrangement at present whereby TSC and TLL have priority during their seasons for the use of the soccer fields and basebalUsoftball fields at the preseru 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 i ball fields and soccer fields during the development of the Property. The purpose of this agreement i is not to reduce the present use that TSC and TLL have in the existing fields, nor is it to give i i additional benefit as to use of the existing fields, but merely to acknowledge present use and i provide for future use of the developed Property. Page 1 - AGREEMENT The purpose 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 vari,-us recreational organizations that use the present facilities and the facilities to be developed is desirah le to maximize the use for existing organizations and future organizations. The parties agree as follows: 1. Purchase of Real Property. 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 Property 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 first 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 will 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 unril the Management Committee ('Committee"), as defined in Paragraph 2, has determined that the development called for in the 19997 Revised Cook Park Master Plan ("Plan") has been substaiuially 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 TL.L, 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 arA use of the Property. Roth parties acknowledge dbat they may have differences and agree in good faatlr to mediate and resolve all disputes having in mind the protection i of the. fields and the use of the fields by the maximum number of participants iin the City and the i Page 3 - AGREEMENT surroundins 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 basebalUsoftball 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 first five goals with limited 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 leases; i.e. playing fields and parking (a percentage to be determined), and snack shacks (and the plavizround to service the field) are the responsibility of ARD. The City shall be responsible for those L-nprovements 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 project 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 deterruned 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 TLL 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 sUl be responsible for lining all sports fields. Whether fields are suitable for play on a day-today 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 rc.:ognize 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 te 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 i TLL seasons. This priority of t,LSe allows ARD first option to use the sports fields and related facilities during TSC and TILL 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 aris 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 and/or its member league shall provide at least the L 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 5 insurance policy shall contain provisions that such policy shall not be canceled or their limits of u - liability reduced without thirty (30) days prior written notice to the City Risk Manager. ARD Page 7 - AGREEMENT. and/or its member leave shall provide the City with Certificates of Insuran_t- in a form satisfactory to the City certifying the issuance of such insurance. The Certificates sha_ be forwarded to: Risk Manager, City of Tigard, 13125 SW Hall Blvd., Tigard. Oregon, 97223. Such certificates must be delivered prior to commencement of the terms of this Agreement. The procuring of such required insurance shall not be construed to 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 of 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.. 'T'erm. 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. C 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 - AGREWENT is in the public interest. If at any time the Agreement is terminated and the property remain available for active recreational use by ARD, or the Property becomes unusable for recreatiotLl purposes, then no remuneration is required for either party. If at any time the Agreement terminated and the Property will be unavailable for ARD use as outlined in this Agreement, then the City will either dispose of the Property or provide ARD with a replacement facility equal to er 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: And-Discrimination. The City agrees to comply with the provisions of ORS 279.310 to 279.320, relating to mandatory provisions in public Page 9 - AGREENIIENT t J L: :K 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. 70. Authori to Execute Agreement. This Agreement shall be approved by an ordinance of the Tigard City Council. ARD represents that the person signing the Agreernent on its behalf has authority to sign the Agreement- .9 DATED this 241 A day oPAvgmt-~. CITY OF TIGARD ATF RE=.DIS INC. By: By: As its: As its: i ladm\mftUgMMntS\2dWad.doc ' s 0 Page 10 - AGREEMENT r ~Ii.ee ~ey,~ 23T,66 41i,T• ~~0 38911 ! N10.2/ 41 N p1 C s SOLOMON, o SOUTK ..UAL • n M w W~M~ . MAP ~•M 3►K►i• . ' ua.u urtla 1500 14 AC z I. IJac. ~A • M C N V a 0 40 0 tz. SEE MAP ZS l 140 EXEIBIT "B" =orm 15-2 Agreement to Media__ AGZE -E ENT T:. FAD IAT:.' This is an Agreement between : * ] and ] and [ * ] , he:einafte= the "mediator,* to enter into mediation w? . t :e intent of resolving the following issues: . The parties and the mediator ^derstand and agree as follows: 1. Nature of Mediation The pa-ties hereby appoint and retain as mediator .for their negotiations. The parties- understand that medlacion is as agreement-reaching process- in which the aediatcr a--iscs parties to reach agreement in a collaborative, consensual, and informed manner. It is understood that the med-atop has no power to decide disputed issues for the :a._-ties_ The pa=ties understand that mediatica is not a substitute for independent legal advice. The parties are encouraged to seta=e such advice throughout the mediation process and are strongly idvised to obcaln independent legal review of any formal men=aced igreement before signing that agreement. The parties unde±sta-id :hat the mediator's objective is to :acilhate the pa= ties hemse?ves reaching their most cons c_sctive and fai=esc i _ - g-ee:ment. The parties also understand that the mediator has a-n i bligation to work on behalf of each pasty equally and t at the ediator cannot render individual legal advice to any pa= :.y and i s not render therapy or a:b t=ate •r~.th^;c the mediation. 2. Scooe of Mediation The oa==ies understand tha-: is is for the parties, with the mediator's ccncs^=ence, to determine the scope of the mediation and this will be accomplished early in the mediation process. 3.. Mediation is Voluntary A-11 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, -'or any reason. The parties also understand that the mediator may susi}end or tez--ainate the mediation if the tediator feels that the mediation will lead to an unjust or unreasonable result; if the mediator feels that an impasse has been =eached; or if the mediator `etermines that he or she can no long effectively perform.a facilitative role. 4. Confidentiality It is understood between the parties and the mediator that the mediation will be strictly conf_deatlal. Mediation discussions, any draft resolutions, and any unsigned mediated agreements shall not he admissible in any cou=z proceeding. on!-.r a mediated agreement si5r_ed by a=y pities may be so admissible. The parties further agree to not call the mediator to testify concerni^S the mediation or to provide any materials _:om the mediation in any court proceed nc between the parties. The c• rat? on is considered by the par ties and the mediator as y ~Y ..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 terrain 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. Full 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 court or other proceeding. The ua,ties agree that the mediator may discuss the parties' mediation process with any attorney any party may retain as 9 - i individual counsel. Such discussions will not include any negotiations, as all mediation negotiations must involve all oart_es directly. The mediator will provide copies of c__=esoonderce, draft agreements, and written documentation to .:dependent legal counsel at a party's request. The mediator may ccmmun?cate separately with an individual mediating party, in which case such •caucus' shall 'be confidential between the nediator and the individual median-^.g party, unless a-eed cterwise 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, co =-espond, telephone call, prepare draft and final agreements, and do such other-things as may be reasonably necessary to Militate the parties reaching full ag=reement _ The mediator shall also be reimbursed for all expenses incurred as a pa---r- of the mediation process. IN payment of S(*] toward the mediator's fees anti expenses shall be paid to the mediator along with the signing of this acr eement . Any unearned amount of this- retainer fee will be =efu_nded to the parties- The pa=ties shall be jointly and L r sevesal3.y liable for the mediator's fees and expenses. As between the. i ll.tv _ = cr mediation fee pa_ ._o _s only, _ _b_ _ s and exze^ses s:^all The parties will be provided with a monthly accounting of _'ees and expenses by the medi acor_ Payment of such -fees a_d expenses is due to the mediator no late= zZan 15 davs =oliow.; ng t._.. date of such billing, unless otherwise agreed i:. w=_ti :g Show--? na;naenc. noc be ci.aely made, the mediator may, in his her sale discretion, stop all work on behalf of the parties, includi :g' z he d=aftizg a.-id/or distribution of the parties, agreement, and w;thdr-aw from the mediation- If collection or court action. is taken by the mediator to collect fees and/or expenses under this agz-eement, the prevai'_iag party iZ any such action and upon any appeal therefrom shall be entitled to attornev fees and costs therein incu_=ed. ❑AT'---D : 19 _ C:..j6eat Client Mediator _ A i - - r 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 went into Executive Session at 6:30 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > 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. RESOLUTION NO. 98-05, A RESOLUTION APPROVING BUDGET ADJUSTMENT NO. 12 TO PROVIDE FUNDING FOR THE NEWLY APPROVED VOLUNTEER COORDINATOR 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 AGREEMENT BETWEEN ATFALATI RECREATION DISTRICT AND THE CITY OF TIGARD 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 THE ATFALATI RECREATION DISTRICT, INC. AND THE. CITY OF TIGARD AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT ON BEHALF OF 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.") 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 John Roy. Ed Wegner, Public Works Director, thanked the Council for their concern but explained that he intended to serve only during the long range planning stage of design and policy/program development. Once that was completed, Mr. Roy would be a more appropriate r 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 M m r S~ ~ z t1 M a M N N N at N $ s S o N V r All N " y O .W. N n $ 8 8 N N y } N L~~C 6 Y' N d na S' 7 N C J N Q1 x N "'~q SO m Z J x ~ ~ IT ~ ~ N Q N g ~ n{ ~a G~ ~ N ~ V t ~ NT C A y $ ' aar aaaaa a a a Naas. ~ ~ 11 ~N Y Nip ~ 8 1 }WYW W W V ~ S~W 8~ ~y~mp ~ Q411}11g'~ 1 V ~ 7h I~ .4 J y 8~Ig ~ ~ ~ ~ ' N A. ~ g C a {q}yk ~ ~ y w to tw- b y~!~'~ ~ N N N {j y A +0 7i D tD ~ b 8 ~ ~ g ~1 N J 4vselm4sy6e.ary7m 2.174+5477 4 OPTION 82- PAYMENT IS FOR"" AMOUNT IMCLW14G INTEREST- PAYMENTS ARE PER THE ARD PROPOSED PAYMENT SCHEDULE AND EXTENDED OUT TO 2017. A CREDIT FOR $55.000 IS GTYEN FOR f1EW REQUESTED PER LETTER FROM ARD TOED N'EGNER. AUa1ad Recreatlon District -Tlgmd LW@ League 6 SouMide Soccer Club Repayment of ESpendltwes I. Cook Park krpro tft Less A-1 Paymeda Pa7mtrds Paymsdl Pa7meeb PaynK6b Pafl." Paymeb Patnwib PaPnmb Papne0b Prrmts Trial Batare al Cedle0 br Nd Bala at Fool Year Fool Yes Pod Yes Fed Yes Fed YV Final Yes Fed Yes Pool Yea Fbol Yes Feat Yes F4d Yes PmP9ee4 P4epased Paynelb JW3f.20D2 AF0I,,W lots S4y31.2062 267 2004 2005 2006 2007 2006 206 2010 2011 FY 20t2 FY 201] PaNnmb IaMPUduee-Q%kWs150K n s 60,000.00 1 t 60.000.60 f 15.600.00 $ 15.000.60 S15.000.00 $ 15,600.60 f - $ s . s 1 1 - $ s 6.660 6 p4ok+em mbeduaped) - SPbOldd W911AV56nlb(PA." 8 W.190) ma $ 77,56200 • (3,45000) 1 29.112.00 - 1.971.79 2.164119 2.449.6] 4.561111 4.462.58 4151132 4,]7529 4242.70 4.060.59 3.61.64 s ]6.417.41 Cntrp. 914a8ur- ant Ssea+9 Co=aabl Smrid 4 Resama(Pncipai 84daeM a $ 256.000.6 _ 156550.00 1 199.450.00 12.90547 14,456.67 10.797.64 ]0,665.77 29,90478 191.16 _ 29260.75 28.]9147 27.]0655 24.102.0 s 24],716.46 SWToM-ff2•n $ 20.562.90 16506.61 22836200 14,856.06 18,616.0 18.0327 75247.51 ]1,461.]6 34702.48 71,656.4 72.67417 ]1.789.17 77.7417 S 28017789 Tdsprym4nta4n•42w f . 75]5626 f 163.60.61 f , 2885826 f15.06.6 129.856.88 131,616.86 4]7,61727 f33247.51 Sd,461.]6 174,702.46 S336545.04 5]2.67417 f ]1.769.17 S 27,74.17 t 310,11169 JWVl9,2Wpayeeadf40,0001sada b/spM tlubs 1 anAdy 18,2001 Oeel PaymrtsdrAi44ras4100 mnMd Pw414d Prlntbai payle4da PLls akLMl4d INTEREST Date Phlalci CM Nlcesl SerAw 94171141 P.rlbnly ar. ttr er6ndevam ebldl WYm4+b 011[001117 /11114 Raln aama u 9AFr924wl.rdaant Celg8a19e Sbnd/Resbopn wa tly pa55anb9aaaa4n gem OECDD Lawn 1LOIrIM 0 7660% 0.6 0.6 d"d by b total -A 113%8 SM ImIr2w4 8.60 36000% ea56w 14.0.56.66 111717165 10,06 7.6000% 6,618.86 16,615.06 I IMID06 12,060 725000% 8,64327 16,617 27 111014167 20.66 7 0.60% 7247.51 75147.51 11N1206 20.60 7.011000% OA81.35 34.481.36 Itmv26B 29.06 4.660% 5.702.48 .34.702.48 I1,41240 29.60 1.10000% 4.656.04 33.656.04 1MI/2011 29.66 4.3660% 3.635.17 32A36.17 IMM2012 29.000 4.]006% 2,709.17 31•]89.17 1 tffl=13 26362 4.3006% 1.142.17 27,704.17 Sags pa pao-I plat from ARD IITS• SSSC) and 219.563 51,471.0] 200,133 so WdX-AFlV"*end money 6 at Cook Pak (S 65.OOD) ROP0SED PRNCFAL PAYMENTS FROM fl 2002 FT 2003 FY2004 FY261 FY 2114 FY 2007 FY 264 "2m FY 2010 Fr20t1 FY2o12 PayewN ARD DLL A SSSCi 57.566 15,60.w 23.000.00 25.000.00 27.ODO.6 211.000.00 28.0066 25.60.6 29.000.6 29A6.6 - 2se.5w.00 Actual Paid FY 2628206 Paid 471902-Land Pa,"W 15,000.00 Pai011Y2M0181211DCI • SSSC 8 TLL 10.060 Paid TN GT2 - ARD - is Se W lsde S- 0I 40.00000 7.W 6.5.1166 8. 8 8. 8 ~ g 3~ g888888ag ~ R~. Dg ~0 t1 &gBgoSgggB.g.ao a $ 8 ~ 8 Q 8 1 Syr, q P ^n „ ° 1 F E 8 8 88a, N ~~N 88 g G C N u 8 ZLC Ti~ ~ ~P' Y ~ N Lyn 8 8 N N ~4 s s a a s s a a. g ssssaa8sas s. 11 g 1, 1 ~ ooocooooo ~~RI 8 ~I RI RI ~I 8888888888 I81 ~I ~ s s a a s 81~ • m 6 Y W N H H H E Ig ~H F 8] ~ I~ I INI ~I" ~ » N » g g P~aHH H tp~7 !Q Q Z:j R a jig Ii ~ sl M N M N ~ Q Q Q Y xx *L lit ~ ~Fd s s R » M » rp ~ R 8. ~i{L~R} ~ ~ R R SQL 8' 'ALL N ~ w~~g^r~g i~~SS SE ~ 1~ R. = S, ° 8 8. $ ~ ~ n ' N tp w 6~4r g S. 8 °l~~Nr RN~rvN^ NO~ y ' ~ ~ ~ ~ rq. Y g ~ R 5 .c " 3 N » 5 ~ 7f. s i t s a R ~ ~ 8 8 8 K$,Sq~~ ~ • ~ 8 p ~ m^ $ N yy 8 $ $ g s s ~ e d Page I of 1 From: "John Anderson" <jranders99na.attI2i-com> To: "'Daniel Plaza"' <DanielQci.tigard.or.us> Cc: < fo fcea.southsidesoccer.org>, "'Jarrett Rose"' <rose tele ort,com>, "'Dave Nicoli"' <dnicoli9donicoli.com> Subject: Cook Park - final version of the DRAFT Concession Stand agreement Date: Sat, 1 Mar 2003 17:06:53 -0800 Dan, The attached PDF file contains the final version of the proposed agreement for ARD to operate the Cook Park Concession Stand. Please include.-•Is document with the packet for the March 18 City Council workshop meeting. a' 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 under 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 ofARD, 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: 3/12003 4:53 PM Page I 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: LOAM- one hour before dark (6PM to 8PM range) Date Range 2: June 16 through September 10 (summer operation) Mon-Fri: 11 AP- one hour before dark (7PM to 9PM range) Saturday: 8AM- one hour before dark (8PM to 9PM range) Sunday: I OAM- 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: IOAM- 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, I-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: 3/1/2003 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 Signage use within concession stand and its external surfaces 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 r' 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 [Rol 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 bome 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 7 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 focAs, 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' he following items. ARD will review these standard items and reserves the right to propose alterations to the final wording for each item. • 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 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\Concession stand agreement proposal.doc Last Edit: 3/1/2003 4:53 PM Page 6 of 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 LA~ 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 Commission 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 ['ark, 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 "Uo OILS .146.510 through .146.570 require the City to use the Oregon Commission for the Blind to operate a concession stand in a City !'ark? " 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 (AIM). 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 die 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 II 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. 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 staff's 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 RAMIS CREW CORRIGAN & BACHRACH, LLP Practicing as Hibbard Caldwell Schuh Ramis &crew in Or MEMORANDUM in Oregon City ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland. Oregon 97209 (503) 222-4402 Fax: (503) 243-2944 TO: John Roy, Facilities Manager, City of Tigard FROM: Gary Firestone, City Attorney's Office DATE: Febnjary 20, 2002 RE: 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. t 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 of the 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 ofARD 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 Contracting 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 10.010.1.a. If the Commission decides not to offer to provide the vending services, the City would then be able to enter into an agreement with another party under the public contracting rules (including applicable exemptions). Option 2 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 The 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 l0.010.1.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 may be 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 ofservices. 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 lenses. 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. 1 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 Atfalad Recreation District. Inc /Option 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 relateq 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 Corrurnssion 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. WawnlTigardVv&concessio n-wpd i AGENDA ITEM # FOR AGENDA OF 19 March 02 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update to Council on Cook Park Master Plan Expansion Phase II PREPARED BY: John Roy 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 II construction will consist of the following components with the engineer's estimate; picnic shelter ($103,098), tot-!ct playground ($R9,320;, maintenance building ($160.000), parking lot ($14.4.620), restroom building ($396,750), restroon /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 If 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. AGENDA ITEM # FOR AGENDA OF April 8, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discussion with State Senator Ginny Burdick and State Representative Max Williams PREPARED BY: Cathy Wheatley DEPT HEAD OK VV ,bthY MGR OK ISSUE BEFORE THE COUNCIL A discussion with State Senator Ginny Burdick and State Representative Max Williams on issues of interest to Council. STAFF RECOMMENDATION Identify issues of interest or concern for Senator Burdick and Representative Williams. INFORMATION SUMMARY The Legislative Assembly convened on January 13, 2003. As long as the Assembly is in session, Senator Burdick and Representative Williams planned to meet with Council on the 4th Tuesday of each month during the Council business meeting to update Council on legislative activities. Because of scheduling conflicts the legislators will meet with the Council on April 8 and cancelled their appearances at the Council meetings of March 25 and April 22. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Communication Goal #1, Action Committee Strategy: "Encourage public participation through accessibility and education." FISCAL NOTES None. AGENDA ITEM # FOR AGENDA OF April 8, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update on the New Tigard Library PREPARED BY: Margaret Barnes -DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Presentation by staff to update the City Council about the new library. STAFF RECOMMENDATION The purpose of this presentation is to communicate recent events and accomplishments related to the new Tigard Public Library. INFORMATION SUMMARY On May 21, 2002, Tigard voters passed a $13 million bond measure for the construction of a new library of approximately 47,000 square feet. This amount will pay for land acquisition, the design, construction and furnishing of the new library, parking and related street improvements. The site of the new library is a 14.7-acre property located along Hall Boulevard near O'Mara Street.. Since the passage of the bond, the project has proceeded on schedule. With the design development phase completed, the architects are currently focusing on creating construction documents. At this meeting, staff will report on the progress of the project and inform Council about the results of the April 3 site plan meeting. Staff will also provide updates on the groundbreaking ceremony on Saturday, May 17 at 10 a.m. and on fundraising efforts. The Tigard Library Foundation hopes to raise $1 million to help complete the new library. The Friends of the Library have successfully raised funds for the past few years, which they are saving for the new library. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal #3: Adequate facilities are available for efficient delivery of life-long learning programs and services for all ages. ATTACHMENT LIST 1. Set of PowerPoint Slides FISCAL NOTES N/A i Timeline countdown to a New Library Band Measure Passes Spring *02 ✓ l Ad-tbt for Architect Summer '02 ✓ { Select Architect Summer/Fall'02 _Y+ What's New Select General Contractor Fall'02 Sell Bonds Fall'02 ✓ Two Community Meetings on 11 ,02 ✓ ✓ 1~; Library Design O l , -7 a Purchase Property Fa11'02 i a , {r Deslgn Library FallWinter'03 ✓1 Public Meetings on Site Master Plan New Library for FannoCre<k Park ExUruion New JYJ Graundbrcaking May 17. 2003 Ubrary Construction Spring '03/'04 Library 0P..l Summer '04 The Shape - ndbree of Things to Come u-- _ - pF~ SFtG Drawing of new library exterior WE OF PROPUSEI:=- ` NEW-TISARU: ik,OFtl'p - Bricks for Books With a Little Help From Our Friends... t ampaign IF Friends' Book Sale Purchase bricks at $50 each to help pave the courtyard. Friday, May 2 Specify name for engraving. 9 a.m. to 5 p.m. Make a lasting donation for the new Saturda Ma 3 library9 a.m. t 3 pm. 1 For More Information on Library Project... Contact: paulaOci.tigard.or.us 503-684-653 7, ext. 2508 or check out the New Library web pages at: wwwxi.tigard.or.us 2 AGENDA ITEM # FOR AGENDA OF April 8, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Annual update on the Cily of Tigard Volunteer Program PREPARED BY: Susan Koepping DEPT HEAD OK 7 / ALUAILMGR OKL- _H/pm ISSUE BEFORE THE COUNCIL The annual update on the volunteer program provides the City Council and the community an opportunity to be informed about this vital and productive program. STAFF RECOMMENDATION No action required; information only. INFORMATION SUMMARY Volunteers are busy in all city departments where they work alongside city employees forming good city - community partnerships. By generously contributing their time, energy, skills and experience volunteers allow the city to stretch resources further while they develop their feeling of ownership in their community. A wide variety of tasks is available allowing for satisfactory experiences for a wide variety of volunteers. More youth of the community are continuing to become involved as volunteers. Individually and in groups you will see youth in the Library and the Police Department as well as working on environmental projects in the streets, parks and greenways. This annual volunteer report will show some of the volunteers who give so much, and you will hear from employees who work with volunteers. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY GOAL: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. ATTACHMENT LIST None FISCAL NOTES None AGENDA ITEM # FOR AGENDA OF April 8, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Strategic Financial Plan Discussion 1 q PREPARED BY: Craig Prosser DEPT HEAD OK r CITY MGR OK G ISSUE BEFORE THE COUNCIL Should the Council adopt the draft Strategic Finance Plan developed at a Council workshop on February 18, 2003? STAFF RECOMMENDATION Adopt the Strategic Finance Plan INFORMATION SUMMARY At the 2003 Goal Setting session, Council identified a Strategic Finance Plan as its number one goal. The City is facing a number of financial challenges over the next several years. On February 18, 2003, the Council discussed upcoming financial issues to put them in context, identify inter-relationships between the various issues, develop a preliminary timeline, and provide preliminary direction to staff on issues to be pursued and issues not to consider. The February 18 discussion focused primarily on the revenue side of the issue. The other element of a Strategic Financial Plan is the expenditure side. That portion will be addressed in the annual Budget Process which is currently underway. At the February 18 workshop, the Council categorized all upcoming issues in to Major and Other categories. The Council then identified the three top priorities within each category. The Strategic Financial Plan shows the results of these discussions. In the major category, the top three priorities are: 1. Local Option Property Tax Levy 2. Bull Mountain annexation 3. New revenue sources In the Other Issue Category, the top three priorities are: 1. Various fee and charge increases 2. Urban Renewal 3. Water Revenue Bond If formally adopted by Council, the Strategic Finance Plan will be presented to the City's Budget Committee for review and consideration as the Budget Committee reviews the FY 2003-04 Budget. The Plan will help to frame Council discussions as it addresses financial issues that arise throughout the year. The Plan will also define the work plan of City staff as they work to implement the Council's priorities. OTHER ALTERNATIVES CONSIDERED Revise the draft Strategic Finance Plan to reflect different priorities. Do not adopt a Plan. Address issues on a case-by-case basis as they arise. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This discussion supports Council Goal #1, Develop a long Range Financial Strategy. In addition, many of the items encompassed within this discussion relate directly to Vision Goals. ATTACHMENT LIST Strategic Finance Plan FISCAL NOTES The potential costs of each issue, if known, are shown in the Strategic Finance Plan. Strategic Financial Plan Report March 25, 2003 City of Tigard Table of Contents Introduction 1 Background 1 Methodology 2 Next Steps in Plan 3 Council Priorities Summaries Major Issues 5 Other Issues 6 Other Jurisdictions' Issues 7 Major Issues Tigard Local Option Property Tax Levy 11 Bull Mountain Annexation 13 New Revenue Source(s) 15 Long Term Water Supply and Water Rates 17 Recreation District Creation, or Annexation to THPRD 19 Transportation Bond 21 Parks and Open Spaces Acquisition Bond 23 Otherlssues Parks Reservations Fee 27 Room Reservations Fees 29 Traffic Citation Assessment Fee 31 Non-Resident Police/Fire Service Fee 32 Franchise Fees 33 Land Use Fees 35 Urban Renewal 36 Water Revenue Bond 38 Street Maintenance Fee 40 Mechanical Building Fees 42 Urban Services 43 City Buildings - Maintenance, Repair, Expansion 44 Library Fees 46 Skate Park Construction 48 Other Jurisdictions' Issues WCCL S Local Option Levy 51 Introduction At its 2003 Goal Setting Session, the Tigard City Council identified development of a Strategic Finance Plan as its number one goal for 2003. The Council met in a workshop session on February 18, 2003 to consider information presented by staff on upcoming fiscal challenges and opportunities. Based on that information, the Council identified key priorities to be addressed over the next several years. The following report presents the Council's priorities along with summary-level background information on each of the issues considered by Council. Background Over the past several years, Tigard has enjoyed a sound financial condition. Primary operating fund balances have remained strong. Tigard has worked hard to limit growth of expenditures and to manage existing revenue sources. Nevertheless, the long term outlook for City finances revealed declining fund balances as revenues fail to match the growth in expenditures. The growth in the City's primary General Fund revenue source, property taxes, was limited by Constitutional amendment to no more than 3% per year plus a proportional share of the value of new construction. Other key revenue sources (such as franchise fees and business taxes) are dependent upon the economy and have been affected by the recent recession. On the expenditure side, Cost of Living increases, the cost of health insurance benefits, and increased retirement system costs for a portion of the City workforce have increased labor costs more than 5% per year. And, like the private sector, the City has seen its costs for oil and gas, utilities, and key services increase faster than the overall rate of inflation. In addition, citizens expect increasing levels of service at high quality. The City's most recent five year financial forecast revealed more sharply declining fund balances with a General Fund deficit occurring possibly as early as FY 2003-04. This forecast clearly reflected recent economic conditions and price increases. Based on this information, City administration directed all departments to remove all new initiatives (except for the opening of the new library) from the five-year forecast. Staff also implemented a hiring slow-down and efforts to cut discretionary spending in the 9 current fiscal year (FY 2002-03). The five-year financial forecast was then re-run based on the new information. The revised forecast projects a General Fund deficit in FY 2004-05. Under the Oregon constitution, governments are prohibited from experiencing deficits. i Because of this outlook, Council directed the development of a long term financial strategy. 1 Methodology In dealing with any sort of financial issue, there are two basic approaches: Raise revenues and cut expenditures. The FY 2003-04 budget process has been developed to elicit information about how city expenditures might be reduced. This information will be presented to the City Budget Committee as part of the FY 2003-04 Proposed Budget, so it was not specifically addressed by Council as part of its discussions on the Strategic Finance Plan. The Council identified priorities for the City, and gave staff preliminary direction to start developing and researching some new or increased revenue options, but for the most part, will not take any final action on those options until the Budget Committee has had the opportunity to review expenditure plans. In reviewing information presented by staff, Council first developed a list of criteria and factors it used in evaluating issues. These criteria and factors are: ■ Existing services ■ User Fees (voluntary) ■ Broad-based ■ Existing source (increase rather than new) ■ Cost of collection ■ Non-resident contributions The Council then reviewed the list of twenty issues presented by staff. They deleted one issue (Skate Board Park) and added one issue (Library Revenues). Council then organized the 20 remaining issues into two categories: Major and Other. Major issues are large issues affecting a broad range of citizens and businesses, or which require a citywide vote for implementation. Other issues are generally narrower in scope, or which may be implemented without a citywide vote. (One issue, Urban Renewal, will require a citywide vote under the Tigard City Charter, but its application affects only a to-be-defined district within the City.) Following the identification of the two categories, Council identified three top priorities within each category: Major Other Local Option Property Tax Fee Increases Bull Mountain Annexation Urban Renewal New Revenue Sources Water Revenue Bond 2 The following sections contain summary level information on each of the issues considered by Council. Next Steps in the Plan The Strategic Finance Plan is intended to provide a road map for the City over the next two to three years as it addresses financial issues. Not everything identified within the Plan will be implemented. Some things not included within the Plan will be done. The Plan does, however, provide an overall framework to use in approaching financial issues. Staff has already begun to conduct additional research and to develop issues identified as priorities for the Council. This information will be brought to Council within the timeframes identified for each individual issue in the following sections of this report. In the meantime, staff is in the process of developing the City Manager's Proposed FY 2003-04 Budget. As part of this process, staff is looking at options to reduce City spending. The Proposed Budget will be presented to the City Budget Committee on April 28, 2003. With all of this information in hand, the Council and the Budget Committee will determine the appropriate mix of expenditure reductions and revenue increases to address the City's financial challenges. i 1 I I I 3 i~ i Long Term Financial Issues Council Priorities Major Issues (Citywide vote required and broad impact; big issue) Method of Potential Fund(s) Approval/ Priority Timing Issue Impacted Amount implementation 1 2004 Tigard Local Option General TBD Citywide vote Property Tax Levy (Revenue) 2 2004 Bull Mountain General plus Differing Council Annexation others impacts on resolution, (Revenue & various Citywide vote, or Expenditure) funds and Bull Mountain operations vote 3 2004 New Revenue General TBD Council Source(s) (Revenue) Ordinance & Resolution Other TBD Long Term Water Water $80 to $90 Council Supply (Expenditure) million Resolution Other TBD Urban Services General plus TBD TBD others (Revenue & Expenditure) Other ? Recreation District General TBD Citywide (or Creation, or (Expenditure) larger) vote, or Annexation to Council initiation Tualatin Hills Parks of annexation and Recreation District Low 2006 Transportation Gas Tax, TIF $25 million Citywide vote General Obligation (Revenue & Bond Expenditure) Low ? Parks and Open Parks CIP, TBD Citywide vote Spaces Acquisition & General Construction General (Revenue & Obligation Bond Expenditure) i 9 i I' i 5 Long Term Financial Issues Council Priorities Other Issues (More limited impact, or implemented by Council action) Priority Potential Fund(s) Method of Timing Issue Impacted Amount Approval/ Implementation 1 2003 Parks Reservations General To Be Council Fee Increase (Revenue) Determined Resolution (TBD) 1 2003 Room Reservations General TBD Council Fee (Revenue) Resolution 1 2003 Traffic Citation General $10/citation Council Assessment Fee (Revenue) $67,000 per Resolution year 1 2003 Non-Resident General TBD Council Police/Fire Service (Revenue) Resolution Fee 1 2003 Franchise Fee General $720,000 to Council Increases (Revenue) $989,000 Resolution per year 1 2003 Land Use Fee General TBD Council Increase (Revenue) Resolution 2 2005 Urban Renewal Several TBD Citywide vote (Revenue) _ 3 Summer Water Revenue Water $8.84 to Council 2003 Bond (Revenue) $20.84 Resolution million Other 2003 Street Maintenance Gas Tax $1.6 million Council Fee (Revenue) per year Ordinance & Resolution Other 2003 Mechanical Building Building TBD Council Fees (Revenue) Resolution Other TBD City Buildings - General $990,000 City Budget Maintenance, (Expenditure) Repair, and Expansion Other TBD Library Revenues General TBD Council (Revenue) Ordinance & Resolution, WCCLS Contract 6 Long Term Financial Issues Other Jurisdictions Potential Method of Timing Issue Amount Approval/ Implementation May 2004 WCCLS Operating Levy $50 million over 5 Countywide vote years 26¢ per $1,000 2003 PERS Increases Employer rates State projected to triple (or more) January Failure of Measure 28 TBD State 2003 L2003 Tri-Met Payroll Tax Unknown Tri-Met i i i i I f 7 OOOM °.1 8 i 1 t '8 Strategic Finance Plan Major Issues J W J 9 s 1 1 1 10 Tigard Local Option Property Tax Levy Issue Summary Definition: A Local Option Property Tax Levy is allowed under the Oregon Constitution (Measure 50) to increase the local property tax rate to pay for needed services. It cannot exceed a period longer than 5 years, after which, it must be re-approved by voters. It can be used for any purpose (i.e. General Fund support) or it can be dedicated to specific services (i.e. Library, Parks, Police, etc.) Revenue Required/Revenue Potential: It is not yet known how much the City would require from a Local Option Property Tax Levy. That is dependent upon what combination (if any) of additional revenues or cuts in expenditures the Council wishes to pursue. A tax rate of 27¢/$1,000 of assessed valuation will raise $1,000,000 per year. Work Completed to date: No work on a Local Option Property Tax Levy has been done to date. Departments have preliminarily forecasted funding needs, but those forecasts have not yet been reviewed by the Budget Committee. Implementation Action Required: A Local Option Property Tax Levy must be approved by Council and placed on the ballot for approval by Tigard voters. It may only be voted on at one of the following elections: 1. May, subject to double-majority requirement 2. November of an odd-numbered year, subject to double majority requirement 3. November of even numbered year, subject to simple majority. Timing: If a Local Option Levy is approved by voters in May 2004, the first revenues would be received by the City in November 2004. If the Levy is approved by voters in November 2004, the first revenues would be received by the City on November 2005. Advantages: ■ Broad based revenue source ■ Easily understandable (traditional funding source, familiar to voters) ■ Stable ■ If approved as a rate per $1,000, it will grow with growth in assessed values ■ Well-established collection mechanism in place Disadvantages: ■ Short term solution - it expires after 5 years, and then must be renewed by voters ■ Oregon voters have been limiting property taxes for the last 10 years. Tigard voters may not choose to increase their property taxes. Competition on the ballot from other jurisdictions requesting voters to approve funding measures 11 ■ Competition and confusion with WCCLS measure likely to be on the ballot in 2004 Recommendation: Continue to research and explore options with the goal of placing this issue before voters in May or November 2004. Council Priority/Discussion: Major Issue 1 It will be important to coordinate this levy with other measures on the ballot, particularly the potential WCCLS Local Option Levy. 12 Bull Mountain Annexation Issue Summary Definition: Annexation of approximately 1,400 acres and 7,300 residents in the Bull Mountain area to the southwest of Tigard. Revenue Required/Revenue Potential: As of November 2001, General Fund Operating costs to serve the Bull Mountain area were estimated at $2.2 million per year. General Fund operating revenues were estimated at $3.8 million per year, so the area would more than pay for operating costs. Several capital funds, however, were projected to experience significant deficits in providing needed capital improvements to the area: Gas Tax - ($345,000), Traffic Impact Fee - ($7.6 million), and Parks CIP $18.3 million.). Staff is currently reviewing this previous analysis to refine and update this information. Work Completed to date: This annexation has received extensive review by staff and public discussion. Staff prepared a preliminary annexation report which identified potential operating and capital costs and revenues. Staff is currently updating that study. Council has discussed this annexation on several occasions. In addition, the City has conducted two open houses in the Bull Mountain area to solicit residents' issues and concerns. Implementation Action Required: State law allows several methods for accomplishing an annexation: 1. Double Majority - petition from and majority of residents with a majority of the land value of the area. Annexation would be approved by the City Council. 2. Vote of the subject area - a vote of all residents in the affected area, with a majority deciding the question. 3. Vote of the subject area and the City, with a majority deciding the question. Timing: The timing of further discussion of this issue is not yet determined. Timing of L the annexation itself is critical. If the annexation becomes effective after March, the City r will be responsible for providing services for up to a year and a half before residents start paying for those services. Advantages: i i Improved services to residents of the Bull Mountain area, including police patrol, 1 road maintenance, and other city services. Revenues are projected to more than cover the cost of those services. • Residents obtain a voice in the governing and direction of the City of Tigard. • Residents of the Bull Mountain area would start paying for those services that they currently use, including parks, library, and arterial roads outside of the area. 13 Disadvantages: • The City of Tigard would assume responsibility for major capital needs of the area, primarily parks and roads. Revenues will not cover the costs of these facilities. • Strong resident opposition could create hard feelings which could jeopardize other City initiatives. Recommendation: • Continue working with residents and Washington County to analyze the benefits and costs of annexation. • Update the annexation study to refine cost, revenue and service needs analyses. • Work to educate Bull Mountain and City residents of the issues surrounding annexation of this area. Council Priority/Discussion: Major Issue - 2 i ii i i i r. { 14 New Revenue Source(s) Issue Summary Definition: There are many potential sources of revenue used to varying degrees by other jurisdictions within Oregon and nationally. It may be to the City's advantage to consider one or more of these sources to supplement other General Fund revenues. A partial list of potential sources includes such items as: ■ Construction Excise Tax ■ Local Gas Tax ■ Local Hotel/Motel Tax Local Sales Tax ■ Off-Street Parking Tax ■ Payroll Tax ■ Renter Service Fee ■ Utility Account Tax Revenue Required/Revenue Potential: Revenue potential of various options has not been determined. Potential candidates (if any) need to be identified before revenue potentials can be researched. Work Completed to date: None Implementation Action Required: Most of these types of revenue sources could be implemented by Council action. They would all be subject to referral, and some are more likely to generate interest in referral than others. Timing: Generally speaking, development of a new revenue source is quite time consuming. In addition to the time required to research identified options and to structure a proposal, it is also generally advisable to develop an extensive public involvement process, which can also be time consuming. Most likely the earliest a new revenue proposal could be brought to Council would be in late 2004. Advantages: Advantages of new revenue source will vary by the specific source developed. In general, however, new revenue sources will help to diversify the City's revenue base. This will help to insulate the City from fluctuations in the economy and will spread the burden of paying for City services. If constructed properly, new revenues can also increase equity within the City's revenue structure. i Disadvantages: New revenue sources are rarely popular. Specific sources may generate high levels of opposition form specific interest groups. This opposition could affect other City initiatives 15 If the source chosen is entirely new, there may not be a readily available collection mechanism. If it is necessary to set up a revenue collection mechanism, administration of the new revenue source could be expensive. Recommendation: Direct staff to identify a preliminary list of potential revenue sources and to research issues related to those sources. Schedule a Council (or Budget Committee) workshop to present the results of that preliminary research. Make a determination following this workshop session whether or not to proceed with any new revenue sources. Council Priority/Discussion: Major Issue - 3 Explore options and potential for a local Beer and Wine Tax. 16 Long Term Water Supply and Water Rates Issue Summary Definition: Tigard's vision document and Council goals both identify securing a long term water supply as an essential objective of the City. Revenue Required/Revenue Potential: Tigard is currently participating in two efforts to secure its long term water supply: the regionalization of the Bull Run system with a collection of approximately 12 agencies, and joining the Joint Water Commission (JWC) and expanding the Scoggins Dam / Henry Hagg Lake complex. The Bull Run regionalization proposal has developed a range of ownership models and scenarios that all hinge on the City of Portland regionalizing its water supply system and establishing a sale price. This option will cost the City of Tigard between $67 and $88 million dollars over the next 20 years. The JWC proposal hinges on the ability to secure permits and approvals to modify Scoggins Dam. The JWC proposal would cost the City of Tigard between $91 and $93 million dollars over the next 40 years. In summary, Tigard could be faced with making financial commitments with costs that best current estimates average approximately $80 to $90 million dollars over the next 20 to 40 year period. Both of these projects are consistent with and addressed specifically in the City's visioning documents. To help put these numbers in perspective, a $5 dollar per month increase in each monthly water bill in the Tigard Water Service area would raise approximately $1 million dollars annually. Work Completed to date: The City has completed two phases of study on the Bull Run regional process and is awaiting the City of Portland's determination of its interest and a sale price. The JWC project is proceeding through feasibility and environmental impact, and it will be L approximately two years until staff can confidently say the project will move ahead. > Implementation Action Required: The Intergovernmental Water Board will initially produce a recommendation to the City i Council. Following that, the City Council will need to indicate its approval. The cost of the preferred option will be paid for by issuance of Water Revenue bonds, repaid over a 20 to 30 year period. Council would approve issuance of the Water Revenue Bonds by ordinance. Timing: Staff is currently beginning the negotiation process with the JWC staff to allow for a limited partnership arrangement for Tigard, hopefully as early as FY 2003/04. This "first 17 increment" of investment could cost up to $12 million dollars. Decisions by Portland on sale price and continuing the regionalization decision are currently on hold, and Portland's schedule is unknown. The next major decision for the Scoggins Dam project is approximately two years away. Advantages: The advantages of securing a permanent supply source are many: control, financial stability, adequate future supply, and quality control top the list. Disadvantages: Cost. Because the Tigard Water Service Area is so late in securing its source the costs are high, and Tigard will not have the benefit of time to spread costs over a long period. Recommendation: Staff will continue to update Council on options and costs, with a future recommendation to authorize issuance of one or more water revenue bond to purchase some portion of future supply as options finalize. Council Priority/Discussion: Major Issue - Other 18 Recreation District Creation, or Annexation to Tualatin Hills Parks and Recreation District Issue Summary Definition: Creation of a new Recreation District to service the Tigard/Tualatin area, or requesting annexation of this area to the Tualatin Hills Parks and Recreation District (THPRD). Such an action would be designed to improve parks and recreation services to area residents and to provide services not currently available. This issue, if implemented could help to address the Skate park Construction issue and the Parks and Open Spaces Bond issue, listed separately in this report. Revenue Required/Revenue Potential: To be determined Work Completed to date: Two years ago, a proposal was placed before area voters to create and fund the Atfalati Recreation District. The proposal was rejected by voters. No further action has been taken. Area residents have begun discussing this option again. Implementation Action Required: For creation of a new district, cities in the proposed area would have to pass resolutions of support, followed by action by the Washington County Commission to place the proposal on the ballot. An approving vote by residents of the proposed district would be required. For annexation to THPRD, it is not yet known what initiating action would be required. Presumably either cities within the area to be annexed and citizens could petition the THPRD Board for annexation. Timing: Unknown. Discussions in the community are at a very preliminary stage. Advantages: Creation of a new special district would provide additional parks and recreation opportunities to area residents if the measure also creates a sufficient funding base (presumably through a new permanent property tax rate for the new district.) Annexation to THPRD would accomplish the same end, by extending i THPRD's existing tax rate to the newly annexed area. THPRD's permanent operating tax rate is $1.3073 per $1,000 of assessed valuation. i Disadvantages: i; ■ Either option will increase property taxes to area residents Creation of a new district will multiply the number of overlapping jurisdictions, which could cause some confusion among residents and coordination issues between jurisdictions. ■ Annexation to THPRD could also cause some confusion among residents and coordination issues between jurisdictions. 19 WA~ Recommendation: Take no action at this time. Monitor developments to see how this issue develops. Council Priority/Discussion: Major Issue Other The City will likely not be the major player on this issue. It appears to be arising through the School District discussions concerning closure of the school pools. If the move to create a new special district gels, however, the City will have to pass a resolution stating its position. If the City passes a resolution of support, this issue may impact the City's ability to achieve other priorities. L e i 1 . I I I 20 Transportation Bond Issue Summary Definition: A Transportation Bond is a funding mechanism whereby a local jurisdiction can sell bonds to perform transportation-related improvements. It requires a Citywide vote and the repayment of the bonds over a typical 10 or 20 year period would come from an increase in the local property tax rate. Revenue Required/Revenue Potential: Approximately $25 million is the revenue needed to address some of the key transportation-related improvements needed to improve local circulation in the City. The increase in the tax rate needed to support this amount would be dependent on the interest rate, on the City's assessed value, and on the length of the bond issue period. A bond issue for $25 million at an assumed interest rate of 4.75% over a 10 year period would be 90¢ per $1,000 of assessed value. At a 20-year period with an interest rate of 4.50%, the rate would be 55¢ per $1,000 of assessed value. Hence, the expected range in election year 2006 would be between 50¢ and $1.00 per $1,000 of assessed value for a bond issue in the amount of $25 million. Work Completed to date: A Council-appointed Transportation Bond Task Force selected a list of transportation, safety, sidewalk, and pedestrian/bikepath projects to meet the City's goals of improving traffic safety, improving traffic flow, and enhancing pedestrian and bike transportation. Council approved the proposed list of projects and submitted a Proposed Transportation Bond in the amount of $16 million as Ballot Measure 34-20 in the November 7, 2000 general election. The proposed bond issue did not pass. The need to address the major transportation improvement needs of the City has grown even more urgent since then. In January 2002, Council adopted the Tigard Transportation System Plan. This plan provides an extensive list of projects necessary to accommodate current and future traffic. It provides the basis for project selection for a future transportation bond issue. Implementation Action Required: A Citywide vote of approval is needed for a bond issue. This requires simple majority in a general election, but requires a double majority in any other election. Timing: The earliest that a bond issue could be submitted is in the 2006 general election. This is in recognition of the other ballot issues that need to be submitted in the 2004 election year. Advantages: The reasons for proposing a Transportation Bond are as follows: • Accelerates the design and construction of major transportation projects to increase capacity and enhance traffic flow. Some of these improvements are needed now to address current traffic problems. 21 • Improves traffic and pedestrian safety through intersection improvements and separation of various modes of travel (bike lanes and sidewalks) as part of the improvements. Disadvantages: The drawbacks to the Transportation Bond are: • It requires a vote of the citizens to increase their property tax. The voters have not shown an inclination to favor such an increase. • Competition on the ballot from other jurisdictions may work against passage. • May conflict with other City initiatives, depending upon what happens in election year 2004. Recommendation: The recommendation is that the City plan for a Transportation Bond issue in the amount of $25 million to be submitted to the voters in election year 2006. This would require creation of a committee or task force to select projects that voters would deem as essential. It would also require a concerted effort by the City, City Council, and the community to conduct a public awareness campaign to convince the voters to approve the bond issue. Council Priority/Discussion: Major Issue - Low This issue was assigned a low priority primarily because it is not expected to be ready to go to the voters until 2006. 22 Parks and Open Spaces Acquisition Bond Issue Summary Definition: A Parks and Open Spaces Acquisition Bond is allowed under Oregon Statutes. General Obligation bonds require a citywide vote, and if approved, authorize a special debt service property tax levy. The City could also issue other types of bonds, which do not require voter approval, but would have to identify a source of revenue to be pledged to annual debt service payments. The City currently does not have such a source of revenue. In 1999 the City adopted a 10-year Park System Master Plan. This Park System Master Plan was the result of a comprehensive, collaborative effort between the citizens of Tigard, Tigard staff, and consultants. Tigard's Park System Master Plan is a comprehensive needs assessment and long range plan for meeting the community's parks and recreation needs over a ten-year period. The plan identifies many projects totaling over $21,000,000. The plan examines the impacts of the community's growing demand for services, the effects of related planning efforts, the implications of demographic changes, and the contributions made by the park system in providing relief from high density urban development. Further, the plan sets forth a Capital Improvement Program (CIP) which functions as a framework plan or tentative list of projects for a ten-year period. The CIP is reviewed and updated annually to reflect the changing needs of the community and changes in available funding for financing park capital projects. Decisions regarding the actual expenditure of funds for individual park capital projects are incorporated into the City's annual budget process. Revenue Required/Revenue Potential: The revenue required to accomplish the projects identified for the next 5-years (FY 03-04 thru FY 07-08) is approximately $4,000,000. SDC generated revenue, based on recent actuals, are down over the last few years (approximately $350K per year). As long as the economy remains as it is, it is projected that SDC funds will continue to remain flat during the next few years. A successful park and open space bond measure would provide the necessary revenues to acquire and development parks. A tax rate of 27¢ per $1,000 of assessed valuation will raise $1,000,000 toward annual debt service. i Work Completed to date: No work on a Parks and Open Spaces Bond Measure has been done to date. Implementation Action Required: A bond measure must be approved by Council and placed on the ballot for approval by Tigard residents. Timing: To be determined 23 Advantages: • A bond measure would provide the funds necessary to supplement SDC funds for the acquisition and development of parks and open spaces • Easily understandable (known funding source, familiar to voters) Disadvantages: • Tigard residents have been asked to increase taxes on several occasions over the past several years. Specifically, the successful passage of the new Library Bond and the School District Bond. • Although additional bond funds would be advantageous, the projections show limited funding for parks operations and maintenance. The City may not be able to adequately maintain new facilities. Recommendation: Do not consider a bond measure until the City is able to fund operating costs. Council Priority/Discussion: Major Issue Other The Council expressed several concerns about this issue: It may conflict with the City's number 1 priority - gaining voter approval for a Local Option Levy, the City does not currently have sufficient funds to maintain and operate the parks it already has, and it is not clear how this issue would relate to the possible creation of a new parks and recreation district. 24 Strategic Finance Plea Other Issues 25 265 Parks Reservations Fees Issue Summary Definition: Resident and Non-Resident fees and charges for the use of park facilities, primarily shelter rentals, have been in effective for many years. The City currently charges non-resident's double the resident fee. Although funds derived from fees and charges are nominal, they help defray maintenance costs. Revenue Potential: It is possible to increase the amount of revenue derived from fees and charges, thereby recovering a larger proportion of the cost of taking reservations and providing services to groups. Current Park Reservation Fees Application Fee $10.00 Covered Picnic Area Rental Tigard Based Rental Rate Groups up to 50 $6.00/hour 51 to 100 $8.00/hour 101 to 150 $15.00/hour 151 to 200 $20.00/hour 201 to 250 $25.00/hour Non-Tigard Based Rental Rate Groups up to 50 $12.00/hour 51 to 100 $16.00/hour 101 to 150 $30.00/hour 151 to 200 $40.00/hour 201 to 250 $50.00/hour Soccer/Ballfields Tigard Based Rental Rate $4.00/hour Non-Tigard Based Rental Rate $8.00/hour Work Completed to date: A study of local area 2002 fees and charges has been completed. Public Works staff is currently preparing a recommendation to increase fees and charges. A substantial fee increase will be necessary if the City is to have fees and charges comparable to surrounding jurisdictions. Implementation Action Required: Increased fees and charges must be approved by City Council. Timing: It anticipated that a recommendation to increase fees and charges will be made during the budget approval process. 27 Advantages: • Increased revenues will help to defray increasing maintenance costs • Tigard fees will be more in-line with neighboring jurisdictions. Disadvantages: • Even though a substantial rate increase may be approved, the yield will remain nominal • Residents will not like increase Recommendation: Continue with analysis and make recommendation that puts Tigard's fees more in-line with neighboring jurisdictions. Council Priority/Discussion: Other Issues - 1 28 Room Reservation Fees Issue Summary Definition: Room rental fees are currently charged for using the Tigard Senior Center and in limited circumstances the Town Hall and Water Auditorium. A fee could be charged to users for use of all City rooms. Revenue Required/Revenue Potential: At this time, the revenue potential is unknown. Room use fees will be set at a rate that covers the cost of staff time, utilities, and wear on the facilities. With the completion of the new Library there will be additional revenue potential through that complex. In addition to the community room, there are two rooms within the Library that may be made available for renting during the Library's business hours. Also, the proposed re-model configuration for the current Library building allows for two meeting rooms that could be rented by the public during non-business hours. Current Meeting Room Reservation Fees & Deposits Cleaning Deposit (Non-Senior Center) Groups of 80 or less $150.00 Groups of more than 80 $250.00 Cleaning Deposit (Senior Center) Groups of 80 or less - no food/bev $50.00 Groups of 80 or less - food/bev $150.00 Groups of more than 80 - no food/bev $100.00 Groups of more than 80 - food/bev $250.00 Red Rock Creek Conference Room Class 1 and 2 $0.00 Class 3 $10.00/hr Class 4 $15.00/hr Richard M. Brown Auditorium Class 1 and 2 $0.00 Class 3 $30.00/hr Class 4 $35.00/hr Senior Center Activity Room Class 1 and 2 $0.00 Class 3 $10.00/hr Class 4 $20.00/hr Class 5 $25.00/hr 29 Senior Center Classroom or Craft Room Class 1 and 2 $0.00 Class 3 $5.00/hr Class 4 $10.00/hr Class 5 $15.00/hr Town Hall Class 1 and 2 $0.00 Class 3 $20.00/hr Class 4 $25.00/hr Water Lobby Conference Room Class 1 and 2 $0.00 Class 3 $10.00/hr Class 4 $15.00/hr Work Completed to date: No significant work has been done to date. Implementation Action Required: Room use fees are part of the City's Room Use Policy which was adopted by City Council. Policy changes, including the classification of room users and room rental fees, will need to be approved by City Council. Timing: Present the changes to the Room Use Policy to City Council by the end of May. If City Council approves the changes to the Room Use Policy, the changes in classification and fee amounts will become effective for reservations made from July 1, 2003 forward. Advantages: • The City will recover a larger portion of the cost of operating the program. • It is a benefit-related fee. In other words, only those who use the rooms will incur the cost. • The City will be providing citizen's with a low cost alternative for their personal room use. Disadvantages: Current room users will perceive the fee as a reduction in services. This will be especially true of non-profit groups. Recommendation: Proceed with updating the City's Room Use Policy. Council Priority/Discussion: Other Issues -I 30 Traffic Citation Assessment Fee Issue Summary Definition: A Traffic Citation Assessment Fee is an additional charge levied on all persons who plead or are found guilty of committing a traffic violation. This charge is in addition to any fine or assessment levied by the municipal court. Revenue Required/Revenue Potential: The current base fine for a traffic violation is $50. In addition, the court collects additional charges for the Oregon Court System (unitary assessment) and Washington County. These additional costs total $49. The total to the offender is therefore $99. (A portion of this may be waived by the judge.) A Traffic Citation Assessment Fee would be $10 per ticket, raising the total cost to the offender to $109. Based on 6,700 citations issued per year, this charge would raise $67,000. Work Completed to date: Information on a similar charge imposed by the City of Milwaukie has been collected. Tigard's charge could be modeled on the City of Milwaukie ordinance. Implementation Action Required: Council would have to amend Tigard Municipal Code to create authority for the assessment. The Council would then have to add this charge to the Master Fee Resolution. Timing: To be determined. This charge could be implemented by June 2003. Advantages: ■ The charge would help pay for police programs, including traffic enforcement, training, education, and community programs. ■ The charge is targeted to those who generate costs in the Police department through violation of traffic codes. L Disadvantages: The addition of this charge would raise total costs charged to traffic offenders to an amount greater than the base fine ($59 vs. $50) ■ Unless otherwise specified in Code, the municipal judge could waive this charge, 9 thereby reducing collections a i Recommendation: Consider adopting a Traffic Citation Assessment Fee by June 2003. a Council Priority/Discussion: Other Issues - 9 31 Non-Resident Police/Fire Service Fee Issue Summary Definition: A Non-Resident Police/Fire Service Fee is a special fee charged to non- City, adult residents each time they receive service from the City. This type of fee is charged by several fire departments, including the City of McMinnville, for a variety of services, including traffic accidents. Revenue Required/Revenue Potential: To be determined Work Completed to date: None. Some minimal research has been done by the Police Department, but no in depth work has been done. Implementation Action Required: Council would adopt an ordinance authorizing a fee and would then adopt a resolution amending the City's Master Fee Resolution Timing: The Police Department reports that it could have research completed in about one month. Following that, Council could adopt this fee by June 2003. Advantages: Non-residents would pay for services they receive that they do not currently pay for through payment of taxes or other means. ■ This would help off-set Tigard taxpayers' costs for providing services to major regional attractors, such as Washington Square and Highway 99. ■ Money raised would help pay for services in the Police Department which might otherwise have to be scaled back. Disadvantages: ■ Collection could be difficult since, by definition, all payers would be out-of-town residents. ■ Other communities could feel that the reciprocity by which they provide services to Tigard residents while they are in other communities may be compromised. Recommendation: Continue to research this proposal, with particular emphasis on the collection mechanism. Prepare a report for Council consideration within the next two months. i Council Priority/Discussion: Other Issues - 1 i i Although this item was ranked as a #1 priority with the Other Issues category, along with other new fees and fee increases, Council expressed concern that this would be a difficult fee to collect. Staff was directed to research this issue further, but it may be dropped from further consideration. 32 Franchise Fees Issue Summary Definition: The City charges private utility companies a fee for use of public rights-of- way to string their wires, or lay pipes and conduit. The fee is calculated as a percentage of the utility's gross revenues collected within the City of Tigard. State law limits the maximum fess and taxes to no more than 5% for gas and electric and 7% for telecommunications. The City currently charges the electric utility 3.5%, the natural gas utility 3%, and telecommunications companies 5%. The City does not charge its water and sewer utilities any fee, though many cities do. Revenue Required/Revenue Potential: Raising electric and natural gas franchise fees to 5% (the same as telecommunications) would raise approximately $720,000 per year for the General Fund. Raising telecommunication franchise fees from 5% to 7% would raise approximately $134,000. Charging a 5% franchise fee to the City's water utility would raise approximately $135,000 per year. Work Completed to date: No work has been done on this issue to date. Implementation Action Required: Council resolution or ordinance. Timing: The Northwest Natural Gas franchise agreement and many telecommunications franchise agreements require 180 days notice before any increase in the franchise fee. Advantages: ■ Builds off an existing collection that is in place and well established ■ Broad based - it affects a wide variety of payers (though utility bills) ■ Relatively stable revenue source ■ Electric and natural gas utility rates have recently been lowered (following large increases last year). This will minimize impact on utility customers. ■ Increasing gas and electric franchise fees to 5% would achieve equity among the private utilities. Disadvantages: ■ Increased fees will be passed on to utility customers, thereby increasing their bills ■ Under state law, the incremental increase suggested would be itemized on customer bills ■ Telecommunications companies are challenging local franchise authority nationally and in Oregon. Increasing franchise fees could add to this push. Recommendation: ■ Consider raising gas and electric franchise fees to 5% 33 ■ Do not increase telecommunications franchise fees. Maintain those at 5% to achieve equity among the private utilities ■ Explore options for charging a franchise fee of no more than 5% on public utilities (water and sewer.) If options are feasible, consider instituting water and sewer franchise fees. Council PrioritylDiscussion: Other Issues - 1 r i a 34 Land Use Fees Issue Summary Definition: The City charges applicants for land use actions a variety of fees to recover costs associated with those applications. Fees were last increased in 2002, but that fee increase did not include any costs incurred by Engineering and Public Works in reviewing and processing applications. Support for Long Range Planning activities directly relating to development activity was also not recognized. Revisions to land use and building fees are necessary to capture costs associated with processing of land use applications. Revenue Required/Revenue Potential: To be determined. This issue will be studied to develop a fee structure that will include recovery of costs for time worked by Engineering, Public Works, and Long Range Planning, in addition to time worked by Current Planning. The total revenue potential cannot be accurately determined until that study takes place. Work Completed to date: Limited work has occurred to date. Time tracking procedures will be in place shortly. Implementation Action Required: Council approval Timing: Revised fees could be acted upon by Council by July 2003 Advantages: • Development pays proportionate share of direct and indirect costs associated with processing land use and building applications. • General Fund support of development activities would be reduced. Disadvantages: • Land use fees increase. • Development-related fees could be higher in Tigard than in surrounding jurisdictions. • Development-related fees supporting Long Range Planning activities are not common. Recommendation: • Proceed with analysis; include time tracking to determine costs. • Develop a fee proposal to present to Council by July 2003 Council Priority/Discussion; Other Issues - 9 35 Urban Renewal Issue Summary Definition: Creation of one or more urban renewal districts to generate dedicated revenues to pay for needed improvements in the Washington Square Regional Center, Downtown Tigard, and/or Commuter Rail Line. The Tigard Charter currently prohibits any renewal districts without an approving vote of the people. Revenue Required/Revenue Potential: To be determined. The Washington Square regional Center Plan identifies substantial improvements needed in that area, with costs to match. These costs can only be partially covered by existing revenues and fund sources. Work Completed to date: Council has received three informational briefings of the mechanics of urban renewal and urban renewal financing. Council has approved the Washington Square Regional Center Plan and the Washington Square Regional Center financing plan, which identify needed improvements and potential costs. Washington County is actively pursuing funding for the Commuter Rail Line and is exploring urban renewal as a means of providing funding for a portion of the improvements required, particularly in the area of Commuter Line Stations, of which Tigard will have two. The Central Business District has discussed plans for needed improvements, but to date, not central vision or plan has emerged. Implementation Action Required: City Charter prohibits the formation of any urban renewal district without an affirmative citywide vote. Council could refer one of two measures to the people: 1. An amendment of City Charter to remove the requirement for a citywide vote, or 2. Approval of one or more urban renewal districts. Timing: To be determined Advantages: • Creation of a dedicated funding source, that grows with growth in assessed values in the urban renewal district, that can be used to pay for needed improvements. • Public improvements paid for by urban renewal will spur private investment that will further increase values in the district, and will accommodate job and housing growth 36 • Once the urban renewal plan is accomplished and all costs are paid for, the assessed value is returned to the general tax roles and help pay for citywide service. Disadvantages: • Urban renewal "locks up" growth in assessed values during the life of the urban renewal plan, thereby limiting growth in tax revenues for all overlapping taxing jurisdictions. • Urban renewal mechanics are complicated and difficult to explain to the public in an election setting. • Creation of an urban renewal district requires the active support of major property owners within the proposed district. Recommendation: • Continue to explore urban renewal as an option for Tigard • Work with property owners in the Washington Square Regional Center and the Tigard Central Business district, and with Washington County to assess the level of interest and support for urban renewal. • Develop a proposed timeline for resolution of this question. Council Priority/Discussion: Other Issues - 2 Council recognized that this issue will require a citywide vote, either to form the district(s) or to remove the charter requirement for a citywide vote to remove the charter provision. This was placed in the Other Issues Category because it will primarily affect those areas chosen for inclusion within an urban renewal district, should one be formed. If the decision is made to attempt to amend the City charter to remove the provision requiring a citywide vote to form a district, this issue will proceed in a two-step process (charter amendment, then formation of one or more districts). 37 Water Revenue Bond Issue Summary Definition: A water revenue bond is a type of bond backed by future water revenues (as compared to a general obligation bond which pledges property taxes as repayment). Tigard is considering this type of bond to finance capital improvements and possibly the up front or "buy in "costs the City would incur to secure a long term water supply. Revenue Required/Revenue Potential: The City will be considering the use of water revenue bonds to finance all or a portion of the upcoming water reservoir/pump station/transmission piping project package, named the 550 ft Service Zone Water Supply System Improvements. This group of projects is currently estimated to cost $8.84 million dollars. In addition to the above, the City has been invited to enter into negotiations to become a partner in the Joint Water Commission (JWC). The City hopes to negotiate an ownership percentage that would allow the City to obtain up to 4 million gallons per day (MGD), and to allow the costs to Tigard to be paid over time as a component of water purchase costs. The JWC could require this to be a cash arrangement. Staff anticipates completing this negotiation by April, 2003. Buy in costs could range from $2 to $3 per gallon. Assuming the most expensive, where the City would be successful in obtaining 4MGD at a cost of $3 per gallon and the current JWC owners demanded cash, Tigard would need to raise an additional $12 million dollars via revenue bonds. In summary, Tigard could be looking to issue up to $20 million dollars of revenue bonds within the next two years. Both of these projects are consistent with and addressed specifically in the City's visioning documents. Work Completed to date: The City has currently done two things in anticipation of these expenses: the Council passed a resolution that sets water rates for the next three fiscal years, and the City has retained a consultant to develop a water financial planning and rate model to better evaluate out options and scenarios. This rate model also will be important in the issuance of water revenue bonds. Implementation Action Required: The Intergovernmental Water Board will initially produce a recommendation to the City Council. Following that, the City Council may i i authorize the issuance of revenue bonds by ordinance. i i Timing: Staff work will begin soon, with the actual issuance of the bonds anticipated late in 2003 or early 2004 Advantages: Revenue bonds are excellent funding mechanisms for utility capital improvements for three reasons: (1) they do not compete with other public funding 38 based on general revenues and they do not require voter approval, (2) they extend the concept of "cost of service" principles where a user of a utility pays their proportional share of the cost to provide that specific service, and (3) they spread the cost of an improvement to future users of that improvement (intergenerational equity). Revenue bond repayment periods are generally also shorter than the useful life of the project they fund. In addition the current costs of borrowing money are very favorable. Disadvantages: Not using bonding of some type puts our utilities into the business model of pay cash as you go which is not viable where such large amounts of capital are needed. In addition, revenue bonds carry have a higher interest rate than general obligation bonds, because their repayment is based on the financial stability of the system and not on an unlimited power to tax. Recommendation: Staff will continue to update Council on options and costs, with a future recommendation probably being to authorize issuance of one or more water revenue bond issuances. Council Priority/Discussion: Other Issues - 3 i~. y a 39 Street Maintenance Fee Issue Summary Definition: 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. Revenue Required/Revenue Potential: 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, 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 over a year and a half 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 the March 18, 2003 workshop meeting. Council direction on the possibility of adoption will be requested at that 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. Advantages: The following are the reasons for adopting the fee: • Would provide a new, stable source of revenue for street system maintenance. 40 ■n - • 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 that. The proposed Street Maintenance Fee would supplement the gas tax and would be used in the maintenance of the street system. This would allow use of some gas tax revenues to address reconstruction, installation of crucial pedestrian connections, and other street improvement needs. a Would allow the City to establish a long-term plan to address the $4 million backlog in street maintenance needs. • Early adoption of the fee could establish that new revenue source before the state legislature proposes any preemptive action directed against implementation of street utility fees. Disadvantages: The following are the drawbacks to adoption of the fee: • The fee would have residential land uses pay 28% of the total amount with the rest coming from non-residential land uses. Some businesses oppose it because of its heavy charges to the commercial sector. • Some opponents are labeling the fee as a tax. Depending upon how the fee is structured, it could be construed as a tax. • The Oregon Grocery Industry Association has threatened to take legal action to stop implementation of the fee. • It could be referred to the voters through the initiative process. • The implementation of the fee could interfere with other City initiatives, such as a possible operating levy and a transportation bond issue. Recommendation: The recommendation is that City Council adopt the fee and direct implementation. This would raise new revenue for urgently needed maintenance of the street system. Many cities have either taken action or are seriously contemplating initiation of a similar fee. Future legislative action could affect the fee adoption, if delayed. Council Priority/Discussion: Other Issues - Other The Council position on this issue has not yet been decided. Some members have expressed strong support. Some members have expressed strong reservations, particularly about the timing of this issue. Council will hold further discussions on this issue. 41 Mechanical Building Fees Issue Summary Definition: Mechanical Building fee increase to recover costs. Fees for building and plumbing are not proposed for increase. These fee increases will not affect the General Fund. Revenue Required/Revenue Potential: Unknown at this point. Mechanical fees are budgeted in the Building Fund. Overall, the Building Fund is in good condition due to cost recovery of the other specialty fees for other trades (building, plumbing, etc.), but fees from the other trades are subsidizing the mechanical trades. Policy established by state law discourages (but does not prohibit) subsidies between the trades. Work Completed to date: All building fees were increased in 1999 and 2000 after 20 or more years of no increases. These increases were accomplished following a building study and several public hearings. No work has been done since 2000 on any building fee increases. Implementation Action Required: Adoption of resolution establishing revised fees following a public review process mandated by state law. Timing: Fee increase should be coordinated with yearly fee updates in June 2003. Advantages: • Mechanical permit fees will be made current and will pay for the cost of providing service. • A mechanical fee increase will decrease the subsidy from other building specialty trades for the cost of mechanical inspections and plans checks. Disadvantages: • Any increase will increase costs for builders and remodelers and could be passed on the purchasers of new and remodeled buildings. • The building industry has traditionally opposed Tigard building fee increases. Recommendation: Proceed with fee study and consider increasing fees by June 2003. Council Priority/Discussion: Other Issues - Other 42 Urban Services Issue Summary Definition: Services for areas outside existing City limits, but within the City's urban services boundary (other than Bull Mountain). This includes the areas to the south and west of Bull Mountain soon to be brought into the urban growth boundary. Revenue Required/Revenue Potential: Unknown at this point. Work Completed to date: No work has been completed to date on this issue. Implementation Action Required: At some point, the City will be required to provide public services to areas outside the existing City limits but within the City's urban services boundary. This will not occur until after those areas are annexed. No work to identify those potential costs and revenues has been done to date. Public Facilities and Service Plans are needed to assess existing and future needs. Timing: To be determined. Considerable resources will be necessary to complete necessary studies. Advantages: • Improved services to residents of the urban services area, including police patrol, road maintenance, and other city services. • Residents obtain a voice in the governing and direction of the City of Tigard. • Residents of the urban services area would start paying for those services that they currently use, including parks, library, and arterial roads outside of the area. Disadvantages: • The City of Tigard would assume responsibility for capital needs of the areas. These needs could be substantial. • Resident opposition could create hard feelings which could jeopardize other City initiatives. Recommendation: • Conduct a preliminary, high-level survey to attempt to define major service issues within these areas. • Identify logical areas of opportunity /need. • Prepare a preliminary timeline for additional work, consistent with existing staff resources and workload. Council Priority/Discussion: Other Issues - Other 43 City Buildings - Maintenance, Repair, Expansion Issue Summary Definition: The City owns and operates several buildings, including City Hall, the old Library, the Police Department, the Niche, the Senior Center, the Public Works Building and annex, and Canterbury Water facility. In addition, the City operates the Water Building, which is owned by the Tigard Water District. The City does not have a dedicated source of funding to provide for the maintenance, repair or expansion of these facilities. The City has traditionally set aside General Funds in anticipation of future building needs. Revenue Required/Revenue Potential: Projects identified to date include: • FY03/04 Projects o HVAC Replacement Project for the Senior Center - $50,000 o Seismic Upgrade Project for the Police Dept. - $40,000 o Access Control for Water Building Facility & Canterbury Water Facility security - $90,000 o Space Planning for the Water Building - $30,000 o Construction Drawings & Construction Administration for Old Library/City Hall Remodel - $136,050 o Office Renovations Old Library/City Hall - $500,000 • FY04/05 Projects o Office Renovations Old Library/City Hall - $600,000 • FY05/06 Projects o Water Building Renovations - $500,000 • FY06/07 Projects a o Senior Center Seismic Upgrade - $45,000 aC ca In addition to identified projects, there is a need for contingency funds for needs that may arise during the planning period. ® The total cost of remodeling and upgrading the old library and City Hall for new uses is W estimated to cost $1.16 million. The City currently has a set aside of $1 million for this -i project. No set aside exists for other identified needs. Work Completed to date: A seismic study of city facilities was performed in 2000 to identify the seismic upgrade needs of the facilities. A consultant was hired this fiscal 44 year to identify current and future space needs for the City and to provide a layout of the space usage of the old library and the City Hall based on those needs. This study is near completion. Implementation Action Required: Projects will be identified and approved in the City's Capital Improvement Plan. Annual funding is provided through approval of the City Budget. Timing: It is anticipated that the projects identified will be implemented according to the budget approval of the fiscal years indicated if necessary funding is available. Advantages: • Provides for greater security of facilities • Meets the long term growth needs of the City • Provides for a safe and effective work environment for staff and the public • Improved use of facilities to provide better customer service • Provides for more meeting rooms for public use Disadvantages: • No dedicated funding source. Capital funding need must compete with operating funding needs. • Delaying projects would result in increased cost of projects and increased safety and or security risks Recommendation: • Develop a capital plan for all City facilities, including identifying renewal and replacement and upgrade needs. • Develop a policies and a plan for funding renewal and replacement needs during the annual budget process. • Present recommendations to the City Budget Committee and the City Council for their review and approval. Council Priority/Discussion: Other Issues - Other 45 S Library Revenues Issue Summary Definition: Several potential sources of revenue have been used to varying degrees by other public libraries within Oregon and nationally. If the City wishes to explore other revenue sources to supplement General Fund revenues, a partial list of potential sources could include: • Increase existing fine structure • Potential Coffee Bar-New Library • Review current level of existing fees • Develop new or increased fees for some services • Investigate charging a fee for circulation of specific items within the collection • Work with other libraries in the County cooperative to revise the funding formula to more accurately reflect how libraries are used. Revenue Required/Revenue Potential: Revenue potential of various options has not been determined. Potential candidates (if any) should be identified before focusing research on specific revenue potentials. Work Completed to Date: Preliminary research has been conducted on increasing the existing fine structure. All members of Washington County Cooperative Library Services must agree to an increase in the fine structure in order for that increase to be implemented. Some other potential revenue items must also be reviewed within the context of the existing contractual agreement between the City of Tigard and Washington County for providing library services. The City has completed a preliminary analysis and development of an RFP for the selection of a coffee bar vendor. The coffee bar for the new library may draw people to visit the library and provide an enhanced overall experience for the public. Further research would be required to determine how much revenue the coffee operation may ' generate for the City. More people visiting the library and borrowing materials will help ? to generate additional revenue from WCCLS as the current formula is heavily dependent upon the level of circulation of library materials. Tigard Library has been involved in extensive discussions regarding revisions of the Washington County Cooperative Library Service (WCCLS) funding formula to better reflect the changing ways in which libraries are used. The current formula generates $1,224,590 for the Tigard Library in FY 2002-03. This level of funding is expected to drop approximately $150,000 next fiscal year due to the loss of the WCCLS Local Option Levy last November. The current funding formula is heavily dependent upon circulation increases. To the extent that circulation at any one library increases at a lower rate than the average for the system as a whole, that library loses funding. This 46 has happened to the Tigard Library over the past few years. The current formula does not recognize the population served, nor does it recognize the amount of taxes that service population pays to WCCLS. The City is continuing efforts to revise the funding formula. A member of the City Council has also suggested exploring fees for borrowing a portion of the collection, such as videos and DVDs. Such a fee is feasible, but it would counter the historical mission of public libraries to provide free materials to the public. It may also lower circulation, which would, in turn, lower funding from WCCLS. Implementation Action Required: Some types of revenue sources would need to be implemented by agreement with WCCLS. Others could be implemented by Council action. Timing: The time required to implement new or increased fees and charges at the Library is unknown. It would vary by type of fee or charge. Discussions with WCCLS member libraries would likely take time. In addition, a total new fee, such as a video rental fee, would most likely require an extensive public involvement/review process. Most likely, the earliest a new revenue proposal could be brought to Council would be in late 2003. Advantages: New revenue sources could help diversify the City's revenue base. This might help to insulate the City from fluctuations in the economy and will spread the burden of paying for City services. Disadvantages: The WCCLS contract guarantees free access to collections for everyone in the County in accordance with the nation's historic commitment to public i libraries. Charging fees for library materials and services could have a number of negative impacts. The increase in library use has been attributed partly to the recession as an alternative for people to look for new jobs and provide educational opportunities for their families in these tight economic times. Specific sources may generate high levels of opposition from library users. This opposition could affect other City initiatives, as well as a possible effort to pass the countywide library levy in 2004. Directly, it may affect the positive community support for the new library. If the source chosen is entirely new, there may not be a readily available collection mechanism. Recommendations: w Continue to work to revise the WCCLS funding formula to obtain a more equitable distribution of funds. • Research potential revenue generation from coffee bar in new library. Work with other WCCLS libraries on a possible library fine increase. t • Review revenue options to identify possible new sources. Council Priority/Discussion: Other Issues - Other 47 Skate Park Construction Issue Summary Definition: A local Skate Park Task Force recommended to Council that the City provide funding for the design of a potential skate park facility in Tigard. The council approved up to $20,000 to design a facility. The design was approved by Council on November 26, 2002. The design can be built in three phases (15K, 20K & 25K square feet). Currently the Task Force has not been able to find a site for the skate park. Locations at a City park and on School District property have run into strong opposition due primarily because of locations close to neighboring homes. Further, fundraising efforts have not gotten off the ground, having been delayed by the inability to secure a site location. Revenue Required/Revenue Potential: The following revenues are required for construction of a skate park in Tigard. • 15K sq. ft. $642,000, fundraising = $392,000 and $250,000 - funding source undetermined at this time (auxiliary costs such as parking, infrastructure, street improvements, restrooms, etc.) • 20K sq. ft. $769,000, fundraising = $519,000 and $250,000 - funding source undetermined • 25K sq. ft. $877,000, fundraising = $627,000 and $250,000 - funding source undetermined Potential revenues for the construction of the Skate Park and auxiliary costs are 1) dependent on any fundraising efforts by the Task Force, and 2) making a determination as to who will pay for the auxiliary costs estimated at $250,000. With the economy being what it is right now, and into the foreseeable future as well, it will undoubtedly be a daunting task for the Task Force to raise anywhere from $392,000 to $877,000. Further, operational funds are decreasing significantly, making it difficult, if not impossible, to keep up with the expanding maintenance workload. New facilities would only exacerbate this condition. Work Completed to date: A skate park design has been approved by Council. A comprehensive site location process continues. Fundraising has not begun. i i Implementation Action Required: If a site is secured, Council, along with the Task Force leadership must decide how the $250,000 in auxiliary costs, construction drawing and specifications, etc. will be funded. Construction drawings and specifications must be completed. Either the Task Force or the City will seek bids for the construction of the skate park. This also must be determined. 48 Timing: Two major processes remain incomplete at the present time. Securing a site has proven as daunting a task as is a fundraising campaign in the current economy. Reductions in funding for operational costs to adequately cover current and upcoming increases in maintenance, services, and capital outlay, create a heavy burden on the existing staff to handle the parks division workload. Advantages: • Building a skate park now would be well received by the kids in Tigard. • Building now would, more than likely, cost less than building in the future. Disadvantages: • A huge fundraising campaign would be difficult in any economic condition. However, during current economic conditions, the Task Force's fundraising process will not only daunting, but probably unattainable at the present time. • A site has not been secured. • At the present time, and in the foreseeable future, increased operational funds are not available to cover the additional workload created by a new facility of this magnitude. Recommendation: 1) Continue looking for a location for the skate park. 2) Before the City contribute funds (if Council decides to do so) to the construction of the Skate Park, the following issues must be resolved: • A site must be secured • Economic conditions must improve • A decision must be made regarding who will be responsible for the auxiliary costs associated with the construction of the skate park • Long term funding for Parks operations and maintenance must be secured • A successful fundraising campaign must be completed or be well-on-its-way Council Priority/Discussion. Other Issues - Delete Council directed to delete this item from further consideration as a financial issue. If the skateboard park is to proceed, it will need to be funded entirely by donations and fund raising. No City money will be used to construct the park. 49 Other Jurisdictions' Issues r 50 WCCLS Local Option Levy Issue Summary Definition: A countywide Local Option Property Tax Levy for library services is allowed under the Oregon Constitution (Measure 50) to increase the local property tax rate for needed services. It cannot exceed a period longer than 5 years, after which it must be re-approved by voters. Funding from a countywide levy would be distributed to all member libraries through a formula based on circulation and a variety of other factors. Revenue Required/Revenue Potential: It is projected that the tax rate of this levy will be approximately 26¢/$1,000 of assessed valuation. This will raise approximately $10,000,000 per year. Work Completed to Date: A countywide levy for library operational funding was placed before voters in November 2002. The measure failed by approximately 600 votes. A Needs Analysis for the levy was completed in 2002, as was a phone survey. A citizens' group was formed in 2002 to provide information to Washington County voters concerning the benefits of the levy. Significant background information has been compiled concerning this issue. Tigard has been actively working with WCCLS staff and other member libraries to revise and update the existing funding distribution formula. Implementation Action Required: A WCCLS Local Option Property Tax Levy must be approved by the County Board of Commissioners and placed on the ballot for approval by Washington County voters. It may only be voted on at one of the following elections: 1. May, subject to double-majority requirement 2. November of an odd-numbered year, subject to double-majority requirement 3. November of an even-numbered year, subject to simple majority. Timing: If the WCCLS Local Option Levy is approved by county voters in May 2004, the first revenues would be received by the County in November 2004. If the Levy is approved by the voters in November 2004, the first revenues would be received by the County in November 2005. Advantages: • Easily understandable--will be used to restore cuts to library service countywide. • Well-established collection mechanism in place • Broad-based revenue source • Historically, Washington County voters have supported library levies 51 Disadvantages: • Short-term solution--it expires after 5 years, and then must be renewed by the voters • Competition on the ballot from other jurisdictions requesting voters to approve funding measures • Competition and confusion with the Tigard local option levy likely to be on the ballot in 2004 • Washington County voters have been reluctant to vote for tax levies in the recent past. Successful passage may be related to factors outside government control Recommendation: • Continue to research and explore options to create stable library revenue sources. • Support the information campaign about the WCCLS levy if it is placed before voters in May or November 2004. • Continue to work with Washington County and other WCCLS libraries to develop an equitable formula for distribution of WCCLS revenues. Council Priority/Discussion: The Council discussed this issue, its importance for the finding of the library, and the importance of coordinating this issue with other City initiatives. The Council took no position on this issue at this time. 9 i i i i i 52 Falun Dafa in Oregon Volume 1. April 2003 Upcoming Events • Oregon Falun Dafa Association will address Tigard City Council on April 8 (Tue.) at 7:30 p.m. Please come join us at Tigard City Hall, 13125 SW Hall Blvd, Tigard. • "Falun Dafa Photo Exhibition and Exercise Demo" is coming to Salem. Come see us in the Capitol Building on May 5, 2003. (Capitol Building, 900 Court Street N.E.) • Look for us in this year Portland Starlight Parade on May 31. What is Falun Dafa? Recognition Falun Dafa, also known as Falun Gong, is Beaverton City Council issued a proclamation to support the first Oregon an ancient mind-body self-improvement Falun Dafa Month in February. meditation practice. Along with five gentle exercises, Mr. Li Hongzhi's teachings of p~ pox Falun Dafa emphasize the cultivation of L.,~.. one's moral character through following the universe's benevolent characteristic of Truthfulness Compassion l,,~~~ ;:=5 :,s{ Forbearance Beaverton Mayor Rob Drake presented proclamation to - - support the first Oregon Falun Dafa Month in February In the Community On February 15 and 16, Oregon Falun Gong practitioners from Eugene, Springfield, and Portland participated in the Eugene Asian Celebration. Practitioners performed exercise demo, answered questions concerning the persecution in China, and distributed free information about Falun Gong. For more details, please see the article Legends of Asia Photo Exhibition and Workshop in Porfiand Eugene Asian Celebration Workshop on the next page. Central Library i On February 23 and March 2, Portland Falun Gong practitioners hosted 1 two Photo Exhibition and Workshop events in Portland Central Library and i Beaverton City Library. The exhibition was a photo almanac of Falun Gong. j Through the pictures, the public learned the history and philosophy of Falun Gong. The exhibits also showed evidences of persecution and torture of ` 1: ate, j practitioners from China. For many people, it was the first time they found out such a horrific tragedy is going on in China. The events introduced Fa- lun Gong to the public in a comprehensive manner. Approximately 80 peo- ple attended the events. The same photo exhibition is coming to the CaPitol~ ~ do Building in Salem on May 5, please come and. join us in learning more about Falun Gong. Photo Exhibition and Workshop in Beaverton City library Oregon Falun Dafa Newsletter Update on Charles Li 16055 SW Walker Rd. #211 On January 22, 2003 (Beijing time) American citizen Charles Li Beaverton, Oregon 97005-4942 was arrested at Guangzhou Airport upon arrival. On January 28, Mr. Li hitp.llwww.fatundafaorego?t.org expressed to an American consular official that he was arrested by the Chinese police solely because he is a Falun Gong practitioner. FAQ: Is Falun Gong a Religion? After learning Charles Li's arrest, together with government leaders Like religions, Falun Gong has its spiritual and human rights groups, Falun Gong practitioners around the world beliefs. Through practicing, one strives to mounted an intense rescue effort. From Oregon, Sen. Ginny Burdick, become a better person who is able to con- Sen. Ryan Deckert, Rep. Mark Hass, Rep. Jeff Merkley, Sen. Charlie tribute more to our society, so the goal is Ringo, and Sen. Frank Shields had all written personal letters to support similar. But in Falun Gong there are not any the cause. devotional activities or worship, nor any set doctrine or canon; there is also no member- Despite the worldwide rescue effort, the Chinese government put Li ship, organization, or hierarchy. Falun Gong on trail. On March 21, Li was sentenced to three years in prison. While is more properly referred to as an ancient the Chinese government claimed that Li was given a fair trail, Li de- form of self-cultivation practice, often fended himself in court because lawyers in China are forbidden to repre- called gigong. sent Falun Gong practitioners. The US State Department is currently _ working on having Li expelled before his prison term. Fahm Daft In- formation Center in New York has issued a press statement concerning r " `i Charles Li's case: http://www.faluninfo.net/displayAnArticle.asp?ID=7166 7-1 Legends of Asia - Falun Gong at Eugene Asian Celebration The theme for this year's Asian Celebration was exposed to the slanderous propaganda from the Chinese "Legends of Asia", and for the second year in a row, Ore- government. There was a young Chinese girl who came gon Falun Gong practitioners participated in the 2-day to the booth hesitantly, took one look and backed away. event. Conducted perennially at the Lane County Fair- Five minutes later, she was back with an elderly white grounds in Eugene, the event draws in an estimated 18,000 gentleman and tried to describe what she was seeing in visitors per year. Practitioners from both Portland and the poster exhibit to him. "Oh that's my home town!" she Eugene combined their efforts to try and make the celebra- remarked in astonishment as she gazed at the pictures of tion a success. Some practitioners demonstrated the exer- people practicing Falun Gong in China Eventually, she cises while others helped to answer came up to the table where practi- questions about the practice. There 41 tioners were sitting and asked one was also a poster exhibition on dis- ofthe practitioners, " Do you eat?" play. Seeing that the young girl's per- ceptions were severely distorted The booth was located in the by the propaganda in China, a Performance Hall where martial arts practitioner explained to her demonstrations were simultaneously kindly the facts behind many of taking place. The contrast could not the allegations. She eventually have been greater and at one point a took some material home with her woman remarked, " I'm really glad to read. you're here. It's so relaxing watch- ing you [practitioner demonstrating the exercises]". Other To some practitioners who had witnessed the en- people had heard of the practice through reading the sto- counter, it was indeed shocking that the degree of misin- ries about the persecution from newspapers. A Chinese formation in China had taken hold in people's minds to man silently flipped through the pages of a Falun Gong such an extent. Mike, a local practitioner in Springfield, magazine and shook his head, "they [the communist re- lamented afterward, "Never in my life have I seen people gime] really have gone too far." There were also other so afraid of an idea only an idea." Chinese that had heard about the practice but were also