Loading...
City Council Packet - 04/22/2003 COMMUNITY NEWSPAPERS P.O. BOX 370 PHONE (503)684-0360 Legal BEAVERTON, OREGON 97075 Notice TT 10209 Legal Notice Advertising City of Tigard 13125 SW Hall Blvd. CITY OF TI"RD 'Tigard,Oregon 97223 OREGON Accounts Payable • Notice of Public Hearing The TIGARD CITY COUNCIL on Tuesday, April 22, 2003 at 7:30 PM at the City of Tigard Town Hall, 13125 SW Hall. Blvd., Tigard, . Oregon, will consider AFFIDAVIT OF Pll Street Maintenance Fee STATE OF OREGON, ) The Tigard City Council will receive public input regarding the COUNTY OF WASHINGTON, ) SS' proposed Street Maintenance Fee. Council direction or any future I, xa+h action on the proposed fee is expected after the hearing has been Y-~ywor conducted and Council has had the opportunity to consider all.the being first duly sworn, depose and say that information provided to them regarding the proposed fee. Director, or his principal clerk, of th&iQar. Information is available at City Hall, 13125 SW Hall Blvd,, Tigard, a newspaper of general circulation as deft Oregon 97223. Further information may be obtained ftom the and 193.020; published at. Tigard Engineering Department by call 503-632-4171 or chec fpg our aforesaid co nt and slatethat the Publ. website at www.ei.tigard.orus, Proposecytreet A'Zazntenance TT 10209 -Publish April 3, 2003. a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for OPJE successive and consecutive in the following issue s: April 3,2003 Subscribed and sworn to efore me this . rd day of Apr i 1, 2 0 0 3 N ry Public for Oregon O OFFICIAL SEAL BIN A BURGESS My Commission Expires: ti'OTARY PUBLIC-OREGON I COMMISSION NO. 344589 i AFFIDAVIT ''vw inn` hF" 15.200.5 se ~ s e ti 49A oy d %~Ga 4199 `G ap~?b•,! :am ~Gaa 0ti.~aoe'g ~A /J°i ~G~ ~G~~ sr a°4i~4i yet~t'•A 4'.~ls %r Qm On / 4: //oy8^ct~d eh ~y~9~bS o / G r a y a G / °4o~ob ~~sapA°eG/G0ro~S~ a9 a ~ ~ a6aFh ABAS~~~'.y I/O//o /p/ i m a~i/~ Om 9 °G o Z mo! ~ . ~e b , d 6, GB AG ake~/ UJ ss z s s, am ~a@ 4~o G,j d r ~/s J °4e /J boa i " 94" /0' 1 EGG' /G /4/0 G~GiG4 rye/G~~ oG`,a' . ,y/BGrs/ / ob.;2G~ /maw y'y/a°9 • ;a//'ae~/ 070 ,0/ e'q POs ~G04, COMMUNITY NEWSPAPERS a s s F a'~ s/s°~AAaa°/~ asoo@ PG° 7 9A, a~,P h G°~ ao 9` ~ P.O. BOX 370 PHONE (503)684-0360 °,Ayb s, °6 BEAVERTON, OREGON 97075 e_ Legal Notice Advertising City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. Cigard,Oregon 97223 • ❑ Duplicate Affidavit Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, ) 1, Xni-hV being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of thRigard-Tualatin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid co ntY and state; that the Public Hearing/ Propose Street Elazn ena.nce Fee a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: April 3,2003 Subscribed and sworn to efore me this 3 rd day of Apr i 1, 2 0 0 3 7 OFFICIAL SCAL N ry Public for Oregon ?OBIN A BURGESS NOTARY PUBUC-OREGON c-~ co vnlssiON NO. 344589 My Commission Expires :.6Y 2CC5 ~ AFFIDAVIT I CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING April 22, 2003 COUNCIL MEETING WILL BE TELEVISED H.Veannieldocs%ccpkt3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Item No. Meeting of 'J~'«ae r•~ 1 00 COUNCIL MINUTES TIGARD CITY COUNCIL MEETING April 22, 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: Not held • STUDY SESSION Administrative Items: PUD letter discussion. This discussion was a continuation of the discussion from the April 8 Council meeting. The Oregon of Office of Energy Report was distributed to the Council. No further follow up at this time. City Manager review process, schedule - postponed until the return of the Mayor Tour of City facilities for Council members - tours will be arranged during the day for Councilors Sherwood and Wilson, who said they would like to connect with employees while doing their everyday work assignments. Staff will schedule two department tours per month over the next three months. Balloon Festival update - Councilor Moore advised he met with Event Coordinator Bruce Ellis last week. Mr. Ellis is planning to reestablish the event next year and is in the process of looking for sponsors including radio and television stations. Councilor Moore will meet with Mr. Ellis in early summer to discuss how the Festival activities can be split between the field activities and the balloon events with different organizations or individuals taking the lead. Committees can then be set up for different aspects of the event. Meeting date/time with Washington County Board - the Board suggested noon, July 22, Hillsboro; City staff suggested July 15 or August 19. City Manager Monahan will check with the County to determine if a late afternoon meeting in a neutral location (i.e., Beaverton) can be set with the Board. - - Earth Day Activities - A flyer for Solv-It volunteer opportunities in Tigard was distributed. Activities are scheduled for several Tigard locations on Saturday, April 26. - Street Maintenance Fee Public Hearing - Council held a brief discussion noting that public testimony will be limited to five minutes. The Mayor will not be present, so Council President Dirksen suggested that the Council wait until the Mayor returns to vote on this matter. This will also give the Council time to assimilate the testimony presented. Testimony from Mark Padgett, Planning Commission Chair, was distributed to the Council. Tigard City Council Meeting Minutes - April 22, 2003 Page 1 City Manager Monahan reminded Council of the Beaverton Mayor's Breakfast - May 7, 7 to 9:15 a.m. - Greenwood Inn Budget Committee Schedule was distributed to the Council. Community Outreach meetings: Thursday, April 24, Chief Bill Dickinson will hold his first of four community meetings. The meeting will be held at Templeton Elementary School beginning at 7 p.m. Councilor Sydney Sherwood will represent Council. The meeting schedule and the council members planning to attend are as follows: • April 24, Templeton Elementary, Councilor Sherwood • May 1, CF Tigard Elementary, Mayor Griffith • May 8, Mary Woodward Elementary, Councilor Wilson • May 15, Metzger Elementary, Councilor Moore - Library - Groundbreaking - May 17, 10 a.m. House Bill 3500 (Information distributed to Council) - Metro Auditor Request (Information distributed to Council) Commuter Rail Information was distributed. Council received an updated Council Liaison appointment matrix. City Recorder will add the Highway 217 Committee to the matrix - Council Moore is the liaison to this Committee. Study Session ended at 7:12 p.m. 1. BUSINESS MEETING 1.1 Council President Dirksen called the Council and Local Contract Review Board meeting to order at 7:30 p.m. 1.2 Roll Call: Council President Dirksen; Councilors Moore, Sherwood & Wilson 1.3 Pledge of Allegiance 1.4 Council Communications az Liaison Reports: See Item No. 7 1.5 Call to Council and Staff for Non-Agenda Items: None 2. PROCLAMATION 2.1 Proclaim April 22, 2003, as Arbor Day Council President Dirksen issued the Arbor Day Proclamation 3. VISITOR'S AGENDA Mr. G.E. McAdams, 13420 SW Brittany Drive, Tigard, asked questions about visitors' agenda and public hearing testimony time limits. Visitor agendas are scheduled during business meetings (2°d and 4' Tuesdays). Public hearing testimony time limits are at the discretion of the presiding official, who often consults with the Council about whether to set limits on testimony. If the Manager Tigard City Council Meeting Minutes - April 22, 2003 Page 2 Is asked about agenda item scheduling for a Council meeting, he consults with the Mayor or Council President. 4. CONSENT AGENDA: Motion by Councilor Sherwood, seconded by Councilor Wilson, to adopt the Consent Agenda as follows: 4.1 Approve Council Minutes for February 25, 2003 4.2 Receive and File: a. Council Goal Update 4.3 Approve an Amendment to the Washington County Cooperative Library Services Public Library Services Agreement 4.4 Approve an Amendment to the Washington County Inter-Library Information Network Agreement 4.5 Local Contract Review Board: a. Approve payment to Centex Homes for costs incurred to oversize water lines b. Award contract for engineering/hydro geological services related to aquifer storage and recovery to Groundwater Solutions, Inc. c. Approve the purchase of three marked police vehicles The motion to approve the Consent Agenda was approved by a unanimous vote of Council present: Council President Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 5. PUBLIC HEARING REGARDING A STREET MAINTENANCE FEE a. Council President Dirksen opened the public hearing. b. City Engineer Duenas presented presented the staff report. Highlights of his .2 presentation were shown on PowerPoint slides, which are file with the City Recorder. The proposed street maintenance fee is a monthly user fee based on trips generated by land uses, which is typically collected through utility 3 bills. The fee is designated for use in the maintenance of the transportation system. 3 u a The public hearing was closed. Council members commented on the testimony received about the economy and other issues brought to their attention. It was determined that by Friday, April 25, Council members will submit questions to staff. Staff will Tigard City Council Meeting Minutes - April 22, 2003 Page 3 respond to the questions and the Council will discuss this information on May 13. A final decision will be scheduled for Council consideration on May 2 7. C. Public Testimony • Paul Owen, 10335 SW Highland Drive, Tigard, who resides in Summerfield and a member of the Transportation Financing Strategies Task Force, testified in support of the street maintenance fee. Mr. Owens noted that a number of people in the audience were from Summerfield. He added that Mr. Paul Hunt, former City Council member, advised he was in favor of the street maintenance fee as it's now proposed to the Council. Mr. Owens submitted a letter from Frank and LeMae Bates in support of the fee. • Mr. )ack Reardon, 9585 SW Washington Square Drive, Tigard, representing the Washington Square Shopping Center, testified in opposition to the Street Maintenance Fee. A letter outlining his basic objections was submitted to the Council and is on file with the City Recorder. He cited unfavorable economic times for businesses and also noted that Washington Square tenants pay for private street maintenance on the Washington Square property. Mr. Reardon objected to the formula, which has residents paying 25% of the fees assessed with businesses paying 75%. • Mr. Charles Schneider, 11 119 5W Tigard Street, Tigard, was opposed to the fee. He said this was not a fee - it was a tax. He referred to recent construction work on Walnut and Tiedeman and the detour of traffic during the construction that caused wear and tear on neighborhood streets. Mr. Schneider commented that many commercial vehicles (buses, delivery trucks, taxi's, etc.) use the streets, but would not be paying this fee. He objected to multi-family residences paying less than single-family. Mr. Schneider noted that when utility contractors make street cuts to do their work, they often do not make repairs that will last - doing just enough to have the repair hold up for the required one-year warranty. • Gene McAdams, 13420 SW Brittany Drive, Tigard, said he was critical of the fee, but not necessarily against it. He objected to the staff report stating the gas tax fee had not increased in a decade and noted the amount of revenue had increased by more than 60% since 1991. He noted concerns with the priority given to street maintenance during the Tigard City Council Meeting Minutes - April 22, 2003 Page 4 budget process and also questioned the amount of the fee collected that would be used for administrative expenses. Mr. McAdams noted issues with an interfund transfer. City Engineer Duenas noted that 10% of the fee collected would be for engineering expenses. The street maintenance fee would be dedicated to maintenance. Mr. McAdams requested that the ordinance set the fee, rather than having the fee set by resolution. A public hearing should be before the fee could be adjusted. Mr. McAdams objected to the right-of-way maintenance on arterial and collector streets only. He said the additional manpower and equipment needs should be taken into consideration before implementing a maintenance program. • Dan Murphy, 12345 SW Main Street, Tigard, representing the Tigard Area Chamber of Commerce, advised that the Business Advocacy Committee and the Board of Directors did not support the maintenance fee. This fee should be labeled a "tax" and approved by a vote of the people. • Joe Gilliam, 30300 SW Parkway Avenue, Wilsonville, Oregon 97070, Oregon Grocery Association, said this was a tax not a fee. The perfect solution would be for maintenance needs to be funded by gas tax revenue; however, the voters have not approved any increases to this tax. He questioned the credibility of the resources used to establish the fee. He said the ITE Manual supplies incomplete data, which is based on a survey of on?y two stores. He said that local data should be used to calculate the fee. He advised that grocery stores generally operate on a 1 % margin; therefore $1.5 million must be generated in grocery store L sales in order to break even on a fee assessment of $15,000. r Brian Kovacich, Embassy Suites Hotel, 9000 SW Washington Square Road, Tigard, asked the Council take more time to consider whether to a implement the Street Maintenance Fee. He said many businesses were 5 surprised that such a fee was being considered. He noted concerns about imposing this fee during these difficult economic times. He would like an opportunity to review how these fees are being assessed. He noted the hotel industry currently generates 7% room tax payable to Washington County. Mr. Kovacich advised he would not be in favor of the fee if it's Tigard City Council Meeting Minutes - April 22, 2003 Page 5 skewed toward businesses paying more than residents. He said he would be willing to pay for street maintenance on his property tax statement. City Engineer Duenas, in response to a question from Mr. Kovacich, said he will contact Mr. Kovacich with details about the proposed assessment for hotels. • Cleon Cox 111,13580 SW Ash Avenue, Tigard, advised he is opposed to the fee and said it's a tax, not a fee. He referred to a previous request he to Council to have police increase patrols and issue tickets to traffic speeders rather than install speed humps. Mr. Cox referred to the current economic conditions and suggested that expenditure cuts be made. He said he considered this fee to be anti-business. Councilor Moore referred to the upcoming Budget Committee meetings and invited Mr. Cox to attend these meetings so he could become aware of where the City is making cuts. • Devin Kidman, 7150 SW Hampton Street, Tigard, The People Group, noted concerns about this expense for business owners. He asked Council consider how this would affect businesses during the current difficult economic climate. • Valorie Westlund, 14800 SW Kenton Drive, Tigard, commented that the street maintenance fee has been under discussion for at least the last year and a half. She said a street maintenance fee is needed, adding that the value of maintenance is to avoid more expensive repairs later. She empathized with businesses and suggested that the fee distribution formula be reviewed. • Mary Kaufman, 14425 SW McFarland, Tigard, resident and representative of the lodging industry, noted that the Tigard fee schedule, as proposed, is not equitable. This is an unbelievably difficult time for business and it is not the right time to implement this fee. • John Skourtes, owner of six warehouses in Tigard, advised that all of his tenants are "barely hanging in there" because of the poor economy. He suggested that the City ask voters to approve a bond measure. City Engineer Duenas explained that maintenance expenses are ongoing and a bond measure will not address the continuing maintenance needs. The Transportation Financing Strategies Task Force considered a number of financing options. Tigard City Council Meeting Minutes - April 22, 2003 Page 6 d. Staff Recommendation Staff recommended the Council consider the testimony and information it received tonight and then provide direction to staff on whether to proceed with developing an ordinance to implement a street maintenance fee. e. Council President Dirksen closed the public hearing. 6. CONSIDER AN ORDINANCE REVISING CHAPTER 2.12 OF THE TIGARD MUNICIPAL CODE PERTAINING TO A PARK AND RECREATION BOARD City Manager Monahan presented the staff report. The proposed revisions to TMC 2.12 were proposed as a result of 2003 Council Goal No. 4. A section of that goal is to "Explore the creation of a Park and Recreation Advisory Board." TMC 2.12 provides for such a board; however, the board has been inactive for several years. Motion by Councilor Moore, seconded by Councilor Sherwood, to adopt Ordinance No. 03-02. ORDINANCE NO. 03-02 - AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE, CHAPTER 2.12, REGARDING THE PARK AND RECREATION BOARD The motion was approved by a unanimous vote of Council present: Council President Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes a a 7. COUNCIL LIAISON REPORTS J a Councilor Sherwood reported on the Arbor Day activities that took place earlier in the day at Durham Elementary School. She had several items to give to the Mayor including a Tree City USA flag. Councilor Dirksen announced a Downtown Task Force Meeting scheduled for Thursday, April 24, 2003, 6:30 p.m. at Town Hall. Tigard City Council Meeting Minutes - April 22, 2003 Page 7 8. NON-AGENDA ITEMS: None 9. EXECUTIVE SESSION: Not held 10. AD]OURNMENT: 9:27 p.m. Catherine Wheatley, City Recorder Attest: yor, I Date: a DD3 I: ADM\CATHY\CCM\030422.DOC Tigard City Council Meeting Minutes - April 22, 2003 Page 8 Council President's Agenda CITY OF TIGARD OREGON .y. u IyTn= '4-j' LLB ` ~~r R ~?FL YJ~G •is i 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 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 22, 2003 page 1 AGENDA TIGARD CITY COUNCIL MEETING APRIL 22, 2003 6:30 PM • STUDY SESSION Note: Executive Session has been cancelled EXEGLITIVE SESSION. The Tigard Gity Geunell will go inte Executive Se5slen te discuss laber negotiations and car-rent er- pending litigatien under ORS 192-660( and (I h). AH discussiens are confidential and the5e present may disele5e nething Sesslens-, as provided by ORS • , but must not diselese any rmatien discussed. No Executive Se5sien may be held fer the purpose ef taking any final a 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 8t Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. PROCLAMATION 2.1 Proclaim April 22, 2003, as Arbor Day • Council President Dirksen Council President: Tigard's urban forest of public and private parks and greenways is part of a larger ecology and is integral to our region's water quality. Our urban forest includes a diversity of trees that grace our city streets, parks and greenways, provide habitat for wildlife, clean the air, protect water resources, and ensure that everyone can experience natural beauty where we live, work and recreate. The City of Tigard is committed to provide resources to maintain and enhance the urban forest. We recognize that our urban forest is a necessity and is an integral part of the city's infrastructure and encourage people of all ages and backgrounds to COUNCIL AGENDA - APRIL 22, 2003 page 2 participate actively in the stewardship and caretaking of Tigard's urban forest. With the concurrence of the Tigard City Council, 1 do hereby proclaim April 22, 2003 to be ARBOR DAY in Tigard and encourage people throughout the entire city to become more involved with the planting and stewardship of the urban forest throughout the year of 2003. 7:40 PM 3. VISITOR'S AGENDA (Two Minutes or Less, Please) 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 for February 25, 2003 4.2 Receive and File: a. Council Goal Update 4.3 Approve an Amendment to the Washington County Cooperative Library Services Public Library Services Agreement 4.4 Approve an Amendment to the Washington County Inter-Library Information Network Agreement 4.5 Local Contract Review Board: a. Approve payment to Centex Homes for costs incurred to oversize water lines b. Award contract for engineering/hydrogeological services related to aquifer storage and recovery to Groundwater Solutions, Inc. C. Approve the purchase of three marked police vehicles Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:50 PM 5. PUBLIC HEARING REGARDING A STREET MAINTENANCE FEE a. Open Public Hearing b. Summation by Engineering Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing COUNCIL AGENDA - APRIL 22, 2003 page 3 8:50 PM 6. CONSIDER AN ORDINANCE REVISING CHAPTER 2.12 OF THE TIGARD MUNICIPAL CODE PERTAINING TO A PARK AND RECREATION BOARD a. Staff Report: Administration Staff b. Council Discussion C. Council Consideration: Ordinance No. Councilor: I move for adoption of the proposed ordinance. Councilor: I second the motion. Council President: Will the City Recorder please read the number and title of the Ordinance. City Recorder: (Reads as requested.) Council President: Is there any discussion? Council President (after discussion): Will the City Recorder please conduct a roll-call vote of Council. City Recorder. Conducts roll call vote. Council .President: Ordinance No. (is approved or fails) by a (unanimous or however votes were split) vote. 9:00 PM 7. COUNCIL LIAISON REPORTS 9:05 PM 8. NON-AGENDA ITEMS 9:(0 PM 9. 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. COUNCIL AGENDA - APRIL 22, 2003 page 4 9:15 PM 10. ADJOURNMENT I:tA0hACATFMCCAW30422).D0C L C i 1 1 COUNCIL AGENDA - APRIL 22, 2003 page 5 City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD OREGON In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 11 jD041 h (2 f - • J, , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) y 3 d , which were adopted at the City Council meeting of Y- )a - 03 , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the day of , 2p_ 0 3 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Building, 8777 SW Burriha-n, Tigard, Oregon Signature of Person who Performed Posting Subscribed and sworn (or affirmed) before me this day of kv 20 05 OFFICtALSEAL ' DEBBIE R. UC-NEG O Si nature of Notary Public for Oregon NOTARY PUBU-0RE g COMMISSION NO. 355953 MY COMMISSION EXPIRES MAR. 21, 2006 \\TIG333\USROEPTStADM\GREERIFORMSIAFFIDAVITSkAFFIDAVIT OF POSTING - ORDINANCE.DOC MEMM r Attachment 1 CITY OF TIGARD, OREGON ORDINANCE NO. 03- yQ. AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE, CHAPTER 2.12, REGARDING THE PARK AND RECREATION BOARD. WHEREAS, the City of Tigard is a growing community with increasing needs for park and recreation activities; and WHEREAS, the City has completed master plans and improvements to several City parks, but further work remains; and WHEREAS, Tigard has not had a separate Park and Recreation Advisory Board since the dissolution of the former Park and Recreation Board in the early 1990's; and WHEREAS, the Tigard Planning Commission has ably provided advice to the City Council and staff on parks-related issues for more than ten years; and WHEREAS, the City is in need of an advisory group that can focus solely on park and recreation needs of the community. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The City Park and Recreation Advisory Board shall, at its first meeting after the effective date of this ordinance, elect a chairperson and vice chairperson, who shall hold office during the pleasure of the board, and the board shall elect a secretary who need not be a member of the board, and the secretary shall keep accurate records of all board proceedings. SECTION 2: If any member resigns or is unable to serve the term for which the member was appointed, the vacancy will be filled as set forth by Tigard City Council resolution regarding the appointment of alternates to boards and committees. SECTION 3: The Tigard Municipal Code, Chapter 2.12, is hereby amended as shown in the attached Exhibit A, which is incorporated herein by this reference. ORDINANCE No. 03- 02- Page 1 SECTION 4: Inasmuch as it is deemed necessary for the public health, peace and safety of the citizens of Tigard that an advisory board on park and recreation matters be established, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect on and after the date following its adoption by the City Council and signature by the Mayor. PASSED: By u nrWI MM5 Yote of all Council members present after being read by number and title only, this as n day of A 0,U L , 2003. Catherine eatley, City Recorder nd APPROVED: By Tigard City Council this aay of o 22003. - '41 ZaL Craig . Dirksen, Council President A7:E form: Ci Attorney Date I: ADM\PACKET'03\20030422\PARK AND RECREATION ORD 2.DOC ORDINANCE No. 03- Page 2 Exhibit A TIGARD MUNICIPAL CODE Chapter 2.12 PARK AND RECREATION 79-27 §2, 1979: Ord. 78-12 §2, 1978: Ord. 72- ADVISORY BOARD. 66A §1, 1972: Ord. 70-11 §1, 1970). Sections: 2.12.020 Meetings. 2.12.010 Appointments. The park and recreation advisory board shall 2.12.020 Meetings. hold meetings as needed, but shall not meet less 2.12.030 Public Meetings. than six times per year. Minutes of each meeting 2.12.04030 Advisory Capacity. shall be prepared and submitted to the cEity 2.12.05040- Terms Of Office. rRecorder not more than ten business seven days 2.12.060 Term Limits. following a park and recreation advisory board 2.12.07050- General Functions And meeting. These minuies shall be reviewed by !he Responsibilities. meeting. (Ord. 85-29 §1, 31.12.060 Speeifie . 1985: Ord. 79-93 §2(part), 1979: Ord. 72-66A §2, 1972: Ord. 70-11 §2, 1970). 2.12.010 Appointments. 2.12.030 Public Meetings A park and recreation advisory board is created, hereinafter referred to as the "park and The park and recreation advisory board shall recreation advisory_board." The park and comply with the Oregon Public Meeting Law, recreation advisory board shall consist of seven meet on a regular basis and make ate-persons . appointed recommendations to the cit +y council as needed. by the cEity cGouncil_--nNot more than two of whom may be nonresidents of the cEity. I3 2.12.04030- Advisory Capacity. per-son shall be-a-Non-voting members of the park and recreation advisory board may be appointed The park and recreation advisory board shall by the mayor upon the recommendation of the be advisory to the cEity cCouncil on matters Tigard-Tualatin school district board and such pertaining to the creation, operation and other bodies as the mayor deems would be maintenance of recreation facilities under the appropriate to contribute input to the park and jurisdiction of the cEity. The park and recreation recreation advisory board. advisory board shall not obligate any funds Gotmeil, and sueh per-sons shall r-e,3ide within the without first obtaining permission to do so from established betmdaries of the T4gard school the cEity cEouncil. (Ord. 79-93 §2(part), 1979: distriet All voting park and recreation advisory Ord. 70-11 §3, 1970). L board members shall have equal status in recommendation and voting powers. Park and 2.12.05040 Terms Of Office. tj recreation advisory bEoard members shall receive • } no compensation. With the exception of the initial members, t3--he terms of office of e fl-members of the--park j A chaff erp rsonfmm and vice chaff erp rson and recreation advisory board shall be four years and a secretary shall be elected by the to expire June 30`h Deee- bef 31 The terms of membership at the start of each year. A the initial members of the board shall be chat erp rsonmen shall not serve consecutively for designated by the mayor. The mayor shall appoint more than two years in said capacity. (Ord. 80-45 the initial members as follows: §1(part), 1980: Ord. 79-93 §2(part), 1979: Ord. 2-12-1 SE Update: 11/01 TIGARD MUNICIPAL CODE Two members for a term of two years. for _public park and recreation facilities and Two members for a term of three years. programs. Three members for a term of four years. (1) To define the objeetives of pu If any member resigns or is unable to serve the reereati- - -11o and make plans and general term for which the member was appointed, the vacancy will be filled as set forth by city council guide !he Gky Gottfleil adopted " resolution regarding the appointment of alternates Design and Open Spsee " (Ord. 77-70); to boards and committees. filled by motion oF the City Gouneil for tlie (2) To keep publie offleials infbfmed of the (Ord. 79-93 §2(part), 1979). program, 2.12.060 Term Limits. - (3) To re Members of the nark and recreation advisory (Ord. 80-45 §1(part), 1979). board shall be limited to two full consecutive terms not withstanding prior appointment to an Responsibilities. 2.12.060 Speeifie unexpired terni. The specifie responsibilities of the park 2.12.07059- General Functions And board s be! Responsibilities. serviee levels to the C-ib,Gauneil generally; The general functions of the park and recreation advisory board shall be to advise the (2) To aet in an advisory capacity to the public works director and city council on issues Administrator; such as: (1) Concerning the management, care and (3) To advise the City Gauneil o~prablerm control of public parks and recreation facilities related to the eve and programs of the city, together with all park pmgrams, property and recreation facilities which may be accuired and developed: (4) To aid in eoordinating Gity reereation -1. with the pfograms of other governmental (2) Concerning the making and altering organizations; from time to time of needful rules and regulations for the maintenance of order, safety and decency (5) To reNiew the i venes-of the-paf in said parks and recreation facilities: and---recreation---program-- wi h the q -ty Administrator and City Geuneil-: (3) Concerning the establishment and modification of fees for park and recreation (6) To r-evqe%- the annual budget in relmien services, programs, or facility rentals: to patq~s and r-eefeation funding with the C-.i~, Administrator, Budget Gernmittee and (4) Concerning the expenditure of such Gotmeil= funds as shall be appropriated by the city council 2-12-2 SE Update: 11/01 TIGARD MUNICIPAL CODE (7) To prepare a brief annual report to the City Gouneil-ett'li-ing-responses to general an board by this ebaptet-. Ord. 79-93 §2(part), 1979).0 2-12-3 SE Update: 11/01 j AGENDA TIGARD CITY COUNCIL STUDY SESSION/ADMINISTRATIVE ITEMS FOR REVIEW April 22, 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 canceled.) • EXECUTIVE SESSION: neeodatlens and eument er pending litigation undeF QRS 192.660(id) and (1h). A Il discussions are confidential and these present may disdGse nothing fr-am the Session. Representatives ~Lhp APIAg'; media Wwed tG attend &ecutive 5-1- as --gided by QRS 192.660(3), but m' ust nat disc-lose an infowaadon disrmssed. No Execud e Se~len ~nay be held for. the puFpese of taking any flnal action -GF making any final decision. Executive Sessions are closed to the public-. • STUDY SESSION > Administrative Items PUD fetter discussion (Oregon of Office of Energy Report distributed) City Manager review process, schedule Tour of City facilities for Council members Balloon Festival update - Councilor Moore Meeting with Washington County Board - they suggest noon, July 22, Hillsboro; we suggested July 15 or August 19 Earth Day Activities - Distribute Flyer Public Hearing - Public Input, 5-minute limit; no Mayor - Testimony from Mark Padgett, Planning Commission, attached Beaverton Mayor's Breakfast - May 7 - 7-9:15 a.m. - Greenwood Inn Budget Committee Schedule Community Outreach meetings: Next Thursday, April 24, Chief Bill Dickinson will hold his first of four community meetings. The meeting will be held at Temp!?ton Elementary School beginning at 7 p.m. Councilor Sydney Sherwood will represent Council. The meeting schedule, and the council members planning to attend are as follows: • April 24, Templeton Elementary, Sydney Sherwood • May 1, CF Tigard Elementary, Mayor Jim Griffith • May 8, Mary Woodward Elementary, Nick Wilson • May 15, Metzger Elementary, Brian Moore Library - Groundbreaking - May 17, 10 a.m. House Bill 3500 (Information distributed to Council) Metro Auditor Request (information distributed to Council) Distribute Commuter Rail Information D Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" Is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (1) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660 (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 filed. 192.660 (1) (1) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used In evaluating chief executive officers shall be adopted by the governing body In meetings open to the public in which there has been an opportunity for public comment. 192.660 (1) Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (1) (k)- Relates to health professional regulatory board. I:WDMICATHYkCOUNCIL\CCLIST0300422.DOC REPORT ON THE PROPOSED MULTNOMAH COUNTY PEOPLES' UTILITY DISTRICT BY THE OREGON OFFICE OF ENERGY APRIL 18, 2003 b I~ M J Y I 1 Report on the Proposed Multnomah People's Utility District By the Oregon Office of Energy April 18, 2003 Introduction This is the Oregon Office of Energy's report on the proposed Multnomah County People's Utility District (PUD). Under ORS 261.151, the Office of Energy must hold a hearing and issue a report not less than 30 days and not more than 60 days after receipt of a petition to form a PUD. The statute provides that the report should be concise and should address the availability and cost of power or water resources, potential tax consequences and any other information relevant to the proposed formation of the PUD. In preparing the report, the Office of Energy is to obtain the advice and the assistance of the Public Utility Commission. A copy of the report is to be provided to the county governing body. This report is not intended to take the place of a detailed feasibility or engineering study. The time provided by law for the Office of Energy to conduct a hearing and to issue a report precludes a more in-depth analysis which an engineering study or a detailed feasibility study could provide. Upon completion of this report the Office of Energy has no further role in this process. The Office of Energy consulted with the Public Utility Commission in the preparation of this report as required by law. The contents and conclusion of the report, however, are solely those of the Office of Energy. The Public Utility Commission did provide a letter through its Assistant Attorney General. The letter discusses the role of the Commission to protect regulated ratepayers in the event of an attempted condemnation by a publicly- owned utility of utility property owned by an investor-owned utility. A copy of that letter is included as an attachment to this report. Background A petition to form the Multnomah County PUD was filed with Multnomah County, certified by the county and received by the Office of Energy on February 21, 2003. 2 The proposed area of the PUD would include all of Multnomah County except the areas within the boundaries of the existing Interlachen PUD and the Rockwood Water PUD. Currently, the electricity providers in Multnomah County covered by the proposed PUD are Portland General Electric (PGE) and PacifiCorp. Pursuant to ORS 261.113, the PUD chief petitioners also propose the question of whether the proposed PUD would be authorized to impose a one-time special levy of 3 mills per one thousand dollars of assessed valuation (equal to $3 per million of assessed valuation) to finance an engineer's report and the election under ORS 261.355(1) Summary of the Hearing The Office of Energy held a hearing on April 7, 2003, at the State Office Building in Portland, Oregon. Approximately 100 people attended the hearing. More than thirty people testified at the hearing. A list of those who testified is attached. In addition, written comment was accepted through Friday April 11. Sixty written comments were received. A list of those who provided written comments is also attached. Supporters of the proposed PUD explained the purpose of forming a PUD and their reasons for supporting it. These reasons included among others the following: PUD supporters believe that there are many advantages which would result from local control over electricity service which a PUD would provide; there are potential advantages in the price of electricity through access to BPA power; there are reduced operating costs by a PUD being a non-profit governmental entity; and there are tax savings to the customers of a PUD from the absence of corporate income taxes which a PUD would not have to pay. In addition, the PUD supporters believe that the PUD could acquire through condemnation any generating and distribution assets it needed to serve its load. They also believe that the absence of privately-held stock would assure that decisions made by a PUD on electricity service are made only with the interests of consumers in mind. The PUD supporters also believe that the PUD would have financial advantages over an investor-owned utility by being able to issue tax-exempt bonds and to acquire ' resources through condemnation at "book value". In addition, they believe that removing PGE ratepayers from the Enron corporate entity is in the interests of electric ratepayers and consumers. In the case of PGE, PUD proponents believe that a bankruptcy court could order sale of PGE assets to pay off Enron creditors and that the interest of ratepayers would not be considered in such a sale. They also believe that questions of funds withheld for income taxes but not paid by Enron provide additional reasons to form a PUD. 3 Opponents of the proposed PUD also provided a number of reasons for their opposition. These reasons included, among others the following: PUD opponents expressed concern about the impact of forming a PUD on PGE and PacifiCorp customers who are not in Multnomah County; the impact on the local economy of replacing a private business with a governmental entity including loss of tax base, elimination of private sector jobs, loss of charitable contributions, loss of public purpose funding and other adverse impacts. PUD opponents also believe that forming a PUD sends an anti-business message by replacing a private business with a governmental entity; and the PUD would lack independent regulatory oversight which the Oregon Public Utility Commission currently provides over investor-owned utilities. Those opposing formation of the PUD also stated that they believed it was unlikely that a new PUD would have access to BPA power; that the PUD would need to incur a large amount of indebtedness to acquire utility assets from PGE and PacifiCorp; and that the ability of the State of Oregon to continue to use tax-exempt financing for housing, economic development and other purposes would be adversely affected if a new PUD issues tax-exempt bonds. They also expressed concern about the loss of two corporations with a large presence and their corporate headquarters in Portland, the loss of many skilled and dedicated workers, and the likelihood that a new PUD would have to acquire resources on the volatile open market, which could result in higher rates. They also believe that a PUD does not have condemnation authority over generating power facilities. Discussion of Major Issues Access to BPA Power Consumer-owned utilities in the Northwest, including PUDs, have traditionally had access to wholesale power from the Bonneville Power Administration (BPA). In the past, such utilities have usually had the option to contract with BPA for as much power as they have needed. However, negotiations are currently underway for a major revised agreement between BPA and the region's utilities for future access to BPA power because of the limits of BPA's resources compared to demands of the region's utilities. The proposed "slice agreement" currently under discussion would begin in 2006 and limit the amount of power available to new publicly-owned utilities. It is not clear whether the proposed slice agreement will be adopted by BPA, but it is likely that BPA will have difficulty in acquiring additional low-cost resources to serve a new large load formed by a new PUD. Moreover, BPA's wholesale rates have increased substantially in the last few years as a result of supply and price problems in the wholesale market. These factors make it difficult to determine whether any substantial rate benefit would occur if a new PUD had access to BPA power for a substantial part of its resource load. 4 Access to BPA power at BPA's lowest cost-based rate is also uncertain even under the status quo. Currently until October 1, 2006, any new publicly-owned utility would have access to BPA power at prices above BPA's lowest cost-based rate. The higher rate charged by BPA is intended to reflect the additional costs of serving new utility customers. BPA is also considering alternative pricing policies that could affect the price at which a new PUD could buy power from BPA. Acquisition of Other Resources ORS 261.305 provides that people's utility districts have the power "...to acquire, develop, and otherwise provide for a supply of water for domestic and municipal purposes, waterpower, and electric energy, or electric energy generated from any utility, and to distribute, sell, or otherwise dispose of water, water power, and electric energy within or without the territory of such districts." While a PUD can provide either water or electricity service, the PUD proponents indicated that their intent at this time is to provide electric service. The information provided by people who spoke at the hearing both in favor and against formation of a new PUD dealt only with issues regarding electric service. Both PGE and PacifiCorp oppose the formation of a PUD in their service areas. Both PGE and PacifiCorp indicated that they would not willingly sell or transfer their facilities, including generating resources and distribution assets, to a new PUD. Thus, the PUD would be required to acquire assets from PGE and PacifiCorp through condemnation. In the absence of agreement between the new PUD and PGE or PacifiCorp a court would need to determine the value of any property acquired by the new PUD through condemnation. Valuation of such assets would require a detailed engineering and appraisal study. In addition, while the PUD proponents believe that a PUD would have authority to acquire power generating resources through condemnation, both PGE and Pacific dispute that the PUD would have such authority. Resolution of the limits of PUD condemnation authority would likely also require a determination by a court. If the new PUD did not try to acquire PacifiCorp's or PGE's generating assets it could L purchase power on the open market or finance new generating facilities. The open r market is very volatile and the price of power, especially for long-term contracts, is very uncertain. The costs of financing new generating resources directly by a PUD are also uncertain. Issuance of bonds by a PUD poses a number of questions requiring further study. These include whether bonds would be tax-exempt or taxable, at what cost such ? bonds could be issued, the impact on other public debt issued by state and local governments in Oregon and other issues. To assure that energy conservation and renewable resources play a key part of resource acquisition by Portland general Electric and Pacificorp, Oregon's restructuring law provides that these two investor-owned utilities pay a 3% public purpose charge to s fund energy conservation, renewable resources and other public purposes. A new PUD would not be obligated to pay this 3% public purpose charge. However, the PUD may choose to fund through its rates an equivalent amount of energy conservation and renewable resources, although it would not be required by law to do so. These uncertainties and questions cannot be easily answered without a detailed financial analysis of different scenarios, and an analysis of which scenarios are most likely to bound the range of uncertainty. The analysis required to answer these questions cannot be undertaken in the time provided by law to complete this report. Tax Consequences Under Oregon law, a PUD has the power to issue revenue bonds (ORS 261.355) and general obligation bonds (ORS 261.360) upon receiving voter approval. Revenues from the bonds may be used for any purpose authorized by law. General obligation bonds must not exceed two and one-half percent (.025) of the real market value of all taxable property within the district. ORS 261.385 provides that a PUD may also levy and collect property taxes prior to receipt of operating revenues. In any one year, the tax cannot exceed one-twentieth of one percent of the true cash value of all taxable property within the PUD. Over 10 years, the tax cannot exceed in the aggregate one-fourth of one percent of the true cash value of property within the PUD. A PUD may have access to tax-exempt bond financing for capital acquisition and possibly for some operating costs. Current federal limits on state and local tax-exempt financing make it difficult to determine to what extent a new PUD could use tax-exempt bonds for its financing. Moreover, the U.S. Treasury continues to seek further restrictions from Congress on the use of tax-exempt bonds by state and local governments, making the future access to this form of financing uncertain. Taxable bonds, which incur higher interest charges than tax-exempt bonds, could also be issued by a new PUD, but whether they would be less expensive than the current costs of capital of PGE and PacifiCorp is uncertain, given the long history of access to the capital markets of both utilities with a variety of financial instruments. A PUD pays no state or federal income taxes, but a PUD is subject to property tax assessment under ORS 261.050 to the same extent as property of an investor-owned utility is taxed. Conclusion In order to fully analyze the economic advantages and disadvantages of forming a new PUD, many questions must be analyzed thoroughly. There are also factors which could vary greatly and have significant impact on whether a PUD would have access to a supply of power at reasonable rates. For example, whether a new PUD would have 6 access to significant amounts of BPA power, how much BPA rates will increase, whether a PUD could condemn PGE's or PacifiCorp's generating resources and if so, at what price, what the cost of financing capital for a new PUD would be and to what extent tax-exempt bonds could be used are all factors which could impact the cost of electric service by a new PUD compared to the cost of service currently provided by PGE and PacifiCorp. In addition, non-economic questions, such as the value of local control, the benefits of private enterprise, the role of government and other issues involving value judgements as well as economic considerations must be examined. Many of these issues were raised and discussed at the hearing and in the written comments filed in this record. The resolution of the questions raised and the differing perspectives and differing opinions cannot be readily resolved, without more extended study and analysis of these issues. Questions such as the valuation of utility property, what utility property is subject to condemnation, access to BPA power, and the availability or lack of tax- exempt financing are all complex issues requiring extended review and analysis. Because these issues require extensive investigation and analysis to resolve, no definitive conclusion as to the impact on rates of forming a PUD can be made under the limited time provided by state law to issue this report. In addition, other questions such as the role of private businesses compared to a publicly-owned utility system present value judgements for the voters. The Office of Energy makes no recommendations as to whether the proposed Multnomah County PUD should or should not be formed. That is a decision for the voters to make, after evaluating many issues including the issues raised in this report. 7 HARDY MYERS PETER D. Attnrnpv SHEPHERD DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION April 11, 2003 Michael Grainey, Director Office of Energy 625 Marion Street NE, Suite I Salem, Oregon 97301-3742 Re: Oregon Office of Energy Report on PUD Formation in Multnomah County Dear Mr. Grainey; The Public Utility Commission of Oregon has asked me, as its chief counsel, to submit comments in the Oregon Office of Energy's report regarding PUD formation in Multnomah County. The Commission made its request to me because members of the Oregon Legislative Assembly asked the agency for comments. The Commission does not have a position regarding the formation of a PUD in Multnomah County, but it has asked me to discuss PUC statutes that may come into play and positions the Commission has taken in the past regarding condemnations by consumer-owned utilities of property owned by investor-owned utilities. The condemnations have involved distribution and generation assets. I will discuss each separately. Distribution Assets A Multnomah County PUD would need to acquire the distribution assets that Portland General Electric Company and PacifiCorp now use to serve their customers within the county. In cases in which a consumer-owned utility is condemning distribution assets of a utility regulated by the PUC, and thereby is also taking responsibility to serve some customers, the Commission's duty is to protect remaining customers of the regulated utility. Under ORS 757.480, a public utility, such as PGE or PacifiCorp, may not dispose of property with a value in excess of $100,000 unless it has the consent of the Commission. If a Multnomah County PUD condemns assets of an investor-owned utility, then the statute may not apply, as the court's award may supercede the Commission's authority. On the other hand, if there is a settlement, then it would be up to the Commission to approve the price. There have been two recent court cases involving condemnation by consumer-owned utilities of distribution assets of PacifiCorp, one case in the Halsey area and the other in Hermiston. The Commission was involved in both cases, taking the position that fair market 8 value, not book value, is the appropriate standard for courts to apply in such cases. In both cases, the market value of the distribution assets was in fact well above book value. When the utility receives more than book value, the Commission's policy is to award the vast majority of the excess (i.e. the capital gain) to the remaining customers. That is precisely what the Commission did after PacifiCorp received settlements well in excess of book value for the Halsey and Hermiston assets. The Commission gives the vast majority of the capital gain on sales of distribution assets to customers because they pay rates based on the utility's book value. If market value is below book value, customers "lose" because they return the higher book value to the utility, as well as a return on the higher book value. Conversely, when a utility sells an asset that has a market value that is above book value, customers "win" by having the Commission use the capital gain to reduce rates. Generation Assets The PUC was also an intervenor in a case in which Emerald People's Utility District attempted to condemn four PacifiCorp hydro-electric facilities on the North Umpqua. The Commission intervened in that case, and along with PacifiCorp, successfully prevented the condemnation. Emerald People's Utility Dist. v. PacifiCorp, 100 Or App 79, on reconsideration, 101 Or App 48, review denied 310 Or 121 (1990). The Commission opposed the condemnation because PacifiCorp would have had to replace low-cost hydro-electric resources with more expensive resources, thereby raising the company's rates. The Court prohibited the condemnation, finding that it was not in the public interest, as it would have lowered Emerald's already low rates and would have increased Pacificorp's comparatively high rates. If a Multnomah County PUD is formed, and it wishes to condemn generation assets that either PGE or PacifiCorp uses to serve its customers, and if the utilities have to replace those resources with more expensive ones, then the Commission will likely oppose such a condemnation because it would not be in the interest of customers whom the Commission must protect. Please do not hesitate to contact me if you have any questions. Sincerely, Paul A. Graham Attorney-in-Charge Regulated Utility & Business Section cc: Lee Beyer, Commission Roy Hemmingway, Commission Joan Smith, Commission John Savage, Utility Director -PUC Lee Sparling, Utility - PUC Marc Hellman, ERFA - PUC 9 List of Those Who Made Statements at the Hearing Denise Antoniadis, Cap, Gemini, Ernst & Young Hank Ashforth, Ashforth Pacific, Inc. Robin Bee, Oregon Public Power Coalition Steve Buckstein, Cascade Policy Institute Richard P. Burke, Libertarian Party Liz Callison Jean DeMaster, Human Solutions Jay Formick, Oregon Heat Peggy Fowler, Portland General Electric Don Furman, Pacific Power Frank Gearhart, Oregon Public Power Coalition Larry Giassock, Salem Economic Development Corporation (SEDCOR) Stephen R. Hawke, Portland General Electric Bruce W. Hollen Joan Horton, Oregon Public Power Coalition Judi Johansen, PacifiCorp Robert F. Lanz Wayne Lei, Portland General Electric Pamela Lesh, Portland General Electric Bill Lindblad Jim Litchfield, Litchfield Consulting Group Lloyd Marbet, Oregon Public Power Coalition Patti McCoy, Columbia Corridor Association Dan Meek, Oregon Public Power Coalition Lisa Melyan Bill Miller, I.B.E.W. Gregory R. Mowe, Stoel, Rives LLP. Nancy Newell Walter Pollock Eulia Quanmishima, Oregon Public Power Coalition Netta Mae Rymal, Oregon Public Power Coalition Liz Trojan, Oregon Public Power Coalition Linda Williams, Oregon Public Power Coalition Matt Wingard, Oregonians for Jobs and Power 10 List of Those Who Provided a Written Statement to the Office of Energy American Public Power Association Denise Antoniadis, Cap, Gemini, Ernst & Young Hank Ashforth, Ashforth Pacific, Inc. Betty Atteberry, Westside Business Alliance Bill Bakke, Native Fish Society Robin Bee, Oregon Public Power Coalition Barbara Block, Tektronix Bernie Bottomly, PacifiCorp Samuel Brooks, Brooks Staffing Inc. Steve Buckstein, Cascade Policy Institute Richard Butrick & Julie Brandis, Associated Oregon Industries John Charles, Cascade Policy Institute Dave Covington Rob DeGraff, Portland Business Alliance Jean DeMaster, Human Solutions Rob Drake, Mayor of Beaverton Christine Dunn, Portland General Electric Jim Edwards, Britcher Commercial Development Randall Edwards, Oregon State Treasurer Krisitine Fagler Lynn and Linda Ferrin Peggy Fowler, Portland General Electric Don Furman, Pacific Power Brian Gard, Citizens Against the Government Takeover Larry Glassock, Salem Economic Development Corporation (SEDCOR) Carl Grossman, Public Private Partnerships Barbara Halle, Portland General Electric Patti Hansen Stephen R. Hawke, Portland General Electric Ken Hector, City of Silverton Joan Horton, Oregon Public Power Coalition Dmitri Jermeljanov Judi Johansen, Pacificorp Scott A. Lawrence Wayne Lei, Portland General Electric Pamela Lesh, Portland General Electric Bill Lindblad Jim Litchfield, Litchfield Consulting Group Marion County Board of Commissioners Terry McCall, Mike McCoy, NW Natural Mike McLaran, Salem Area Chamber of Commerce Dan Meek, Oregon Public Power Coalition 11 Warden M. Minor, American Lung Association Gregory R. Mowe, Stoel, Rives LLP. Pacificorp Integrated Resources Plan Greg Peden, Portland Business Alliance James J. Piro, Portland General Electric Rainier H. Poersch, Leupold & Stevens, Inc. Walter Pollock Regional Financial Advisers Inc. Bob Repine, Director Office of Oregon Department of Housing and Community Services Jerry Smith, Clackamas County Economic Development Commission Curtis Sommer T. Michael Tallman, City of Boardman Janet Taylor, Mayor, City of Salem Linda Williams, Oregon Public Power Coalition Matt Wingard, Oregonians for Jobs and Power Gary Withers, Portland State University Louise P. Yarbrough, Equity Foundation 12 OLV-It Volunteer Opportunitiesin Tig f I Y. Saturday, April 26, 2003 : 9 a.m. to 1 p.m. Summerlake: ' Meet at covered picnic area Park on Winterlake Drive r w ■ Spread wood chips on soft . t trails and around newly' planted trees" Fanno Creek Meet on Fanno Creek Trail behind City Hall y, ■ Remove invasive plants t ® th Derry D Meet on Genesis Loop off 115 a Ave eek ■ PI s and re move new c ear-growth • • k `rs4. or ~t. = 3 rnatH (an n up to hel contact Su rr n 503-639-4171, ex. 2402 susank(aci.ti,aard.or.us Page 1 of 1 Cathy Wheatley - info for City Council meeting From: "Mark Padgett" <mark@padgett.net> To: <cathy@ci.tigard.or.us> Date: 4/22/03 10:34 AM Subject: info for City Council meeting CC: "Jerree Gaynor" <jerree@ci.tigard.or.us> At the Tigard Planning Commission meeting on Monday, April 21, during the discussion on home occupations, a point came up regarding the proposed street maintenance fee. One of the possible proposed changes to the code that will be recommended by the Planning Commission is to incorporate language in the code encouraging zero-impact home occupations. We put it on the record last night that, since our intent is to encourage more people to work at home for the betterment of our community, that we did not want to "penalize" them by having their home offices assessed at a commercial rate for purposes of the street maintenance fee. City Engineer Gus Duenas testified that there were no plans to include home offices in the commercial category at this time, and the Planning Commission expressed its support to make that policy an official part of any street maintenance fee. Thank you. Mark Padgett President, Tigard Planning Commission voice 503.590.5226 fax 503.590.5227 email mark@ad eg ttnet i 1 I 1 t file://C:\WIM0WS\TEMP\G'W}00011.HTM 4/22/03 City of Tigard Budget Committee Meeting Schedule FY 2003-04 Budget Monday, April 28, 2003, 6:30 p.m. Puett Room Tigard City Library Monday, May 5, 2003, 6:30 p.m. Auditorium Water Building Monday, May 12, 2003, 6:30 p.m. Auditorium Water Building Monday, May 19, 2003, 6:30 p.m. Auditorium Water Building Reserved for hold-over only Monday, June 2, 2003, 6:30 p.m. Auditorium Water Building i Tigard Budget Committee 2003 (Note: Items not completed at scheduled meeting will be held over to following meeting.) April 28, 2003 6:30 p.m. Tigard Library, Puett Room 13125 SW Hall Blvd. • Election of Officers • Approval of Minutes • Vision Statement • Council Goals • Five-Year Financial Forecast • Strategic Finance Plan • Budget Message • Budget Hearing Format o Schedule o Length of meetings o Department presentations o Public comment • Public Comment • Recess Meeting until May 5, 2003 Tigard Budget Committee 2003 (Note: Items not completed at scheduled meeting will be held over to following meeting.) May 5, 2003 6:30 p.m. Water Building Auditorium 8777 SW Burnham • Call to Order • Approval of Minutes • Discussion of Department Budgets o City Administration City Management ➢ Human Resources ➢ Risk Management ➢ Network Services o Mayor & Council o City Attorney o Social Services & Community Events o Finance o Library o Debt Service • Public Comment • Recess Meeting until May 12, 2003 Tigard Budget Committee 2003 (Note: Items not completed at scheduled meeting will be held over to following meeting.) May 12, 2003 6:30 p.m. Water Building Auditorium 8777 SW Burnham • Call to Order • Approval of Minutes • Discussion of Department Budgets o Engineering ➢ Street Lights & Signals o CIP o Community Development ➢ CD Administration ➢ Building Inspection ➢ Current Planning ➢ Long Range Planning • Public Comment • Recess Meeting until May 19, 2003 Tigard Budget Committee 2003 (Note: Items not completed at scheduled meeting will be held over to following meeting.) May 19, 2003 6:30 p.m. Water Building Auditorium 8777 SW Burnham • Call to Order • Approval of Minutes • Discussion of Department Budgets o Police o Public Works ➢ PW Administration ➢ Parks and Grounds D Sanitary Sewer ➢ Storm Sewer ➢ Fleet Maintenance ➢ Property Management ➢ Water • State Shared Revenues: Public Hearing • Public Comment • Approve Budget Process Debriefing o Future Meetings (quarterly schedule) i Adjourn i (Note: If agenda not completed, items will be carried over to June 2, 2003 meeting) 1 I t Cry -R r4 pas L Q r cowl 1C1- 9Q.9Q d0cu.V,r\e4NJt-_ sk_4f UAU tMac %'VQ Mssion A 72nd OREGON LEGISLATIVE ASSEMBL 2003 3 Regular House Bill 35M Sponsored by COMMITTEE ON REVENUE SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Phases in reductions in personal income tax rates and elimination of taxation of net capital gains. Increases earned income tax credit and makes credit refundable. Updates connection date to federal estate tax law and eliminates Oregon inheritance tax on estates of decedents who die after certain date. Increases taxes on malt beverages and cider. Establishes general sales and use tax. Directs Department of'Revenue to enter into multistate agreement to streamline administration of sales and use taxes. Dedicates sales tax revenues to kindergarten through grade 12 public education. Takes effect on 91st day following adjournment sine die. 1 A BILL FOR AN ACT 2 Relating to taxation; creating new provisions; amending ORS 118.010, 305.130, 305.140, 305.265, 3 305.270, 305.280, 305.565, 305.850, 305.895, 315.262, 315.266, 316.037, 316.045, 316.502, 471.805, 4 471.810, 473.030, 473.035, 473.047, 473.050, 576.765, 731.840, 801.040, 802.110 and 803.585; repealing 5 ORS 316.045; appropriating money; prescribing an effective date; and providing for revenue 6 raising that requires approval by a three-fifths majority. 7 Be It Enacted by the People of the State of Oregon: 8 9 SHORT TITLE 10 11 SECTION 1. This 2003 Act may be cited as the Oregon Economic Revitalization, Tax 12 Stability and Restructuring Act. 13 14 PERSONAL INCOME TAX REDUCTIONS 15 16 SECTION 2. ORS 316.037 is amended to read: 17 316.037. (1)(a) A tax is imposed for each taxable year on the entire taxable income of every 18 resident of this state. The amount of the tax shall be determined in accordance with the following 19 table: 20 21 22 If taxable income is: The tax is: 23 24 Not over $2,000 [5%) 2%n of 25 taxable 26 income 27 Over $2,000 but not NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed) is eusting law to be omitted. New sections are in boldfaced type. LC 8265 Pagel of 2 Cathy Wheatley - Metro Auditor From: "Alexis Dow" <dowpuma@attbi.com> To: "Alexis at Metro" <dowa@metro.dst.or.us> Date: 4/20/03 11:38 PM Subject: Metro Auditor This is a request for your help. Please send a message to Metro Councilors asking them to maintain independent oversight and public accountability by voting to allow the Metro Auditor to continue operations at the same level as the last five years. A copy of the amendment to reinstate funds for the Auditor's budget is attached. The first vote is on Thursday, April 24, 2003. The final vote is a week later on May 1. An email, letter or phone call to each of the seven councilors will help them appreciate how you feel on this issue. Elected officials take citizen input very seriously. In each of the last three years, unsuccessful attempts to reduce Metro audit staffing occurred. Vocal support from citizens like you helped ensure that the Metro Auditor Office remains adequately funded. This year Council President David Bragdon took a backdoor approach to cutting audit oversight. He proposed huge cuts to other non-personnel funds. These cut audit support directly and could further force a reduction in permanent staff in order to have enough money to fulfill legally mandated activities. While there is a focus on reducing costs at Metro, proposed cut to the Auditor Office are more severe than to the rest of Merto. Further, Metro revenues are up slightly allowing the Auditor Office to remain at the historic level of operations. Independent oversight and public accountability are even more important now that the Metro transition has occurred. Some of the "checks and balances" that existed at Metro disappeared with the elimination of the Executive Officer position. This transition consolidated policy and management responsibility with the Council under the leadership of the newly created Council President. Reducing the auditing budget reduces independent oversight and public accountability. More "checks and balances" will be lost. The Oregonian ran an article last Thursday on my opposition to this cut. A copy of the article is attached. A letter to the Oregonian (letters .news.oregonian.com) will also carry weight. Please cc me on any correspondence you send (dowpuma(@-attbi.com). C Thank you in advance for your support on this matter Metro Councilors: 1 j David Bragdon bragdond .metro.dst.or.us 503-797-1889 i Rex Burkholder burkholderr aOmetro.dst.or.us 503-797-1546 Carl Hosticka hostickaca-metro.dst.or.us 503-797-1549 Susan McLain mclains a)-metro.dst.or.us 503-797-1553 file://C:\WINDOWS\TEMP\GW) 00011-HTM 4/21/03 Page 2 of 2 Rod Monroe monroera metro.dst.or.us 503-797-1552 Brian Newman newmanbaa metro.dst.or.us 503-797-1887 Rod Park parkr a~metro.dst.or.us 503-797-1547 Each has an office at Metro, 600 N.E. Grand Avenue, Portland, OR 97232. Y n 'J 'o u J file://C:\VIMOWS\TEMP\GW}00011.HTM 4/21/03 Department # Auditor 1 Revised AMENDMENT TO FY 2003-04 PROPOSED BUDGET PRESENTER: Alexis Dow DRAFTER: Alexis Dow DATE: April 18, 2003 PROPOSED AMENDMENT (provide a brief summary of the requested action along with the specific line item affected) The Auditor Office budget represents only 0.2% of Metro. It also represents the public's "eyes and ears" in these days of much needed accountability. This amendment seeks to have the Auditor Materials and Services budget at a basic level sustained during five previous years. DEPARTMENTS FUNDS LINE ITEMS Acct # Account Title Amount Auditor Support Services 5201 Office Supplies 3,589 Auditor Support Services 5205 Operating Supplies -1,000 Auditor Support Services 5210 Subscriptions & Dues 1,550 Auditor Support Services 5240 Contracted Professional Services 58,460 Auditor Support Services 5251 Utilit Services 725 Auditor Support Services 5280 Other Purchased Services 2,000 Auditor Support Services 5450 Travel 5,600 Auditor Support Services 5455 Staff Development 1,950 Auditor Support Services 5490 Miscellaneous 1,000 PROGRAM/STAFFING IMPACTS This amendment is necessary to allow the Auditor Office to continue to operate at its current level - a level of operation considered necessary to provide an effective audit function consistent with the intent of the Metro Charter. Without this amendment, the Auditor Office would be 35% below the approved ongoing level of materials and services for FY 2002-03 - a level sustained for over five previous years. This amendment will restore the Auditor Office to a realistic level for operating an effective audit function for an organization as complex and large as Metro. The amendment seeks to specifically reinstate, among others: Auditor professional services equivalent to 1/2 FTE $43,000 Legally required peer review 2,500 Telephone service including long distance and Auditor hotline 725 Legally required staff continuing education 7,550 Computers and related costs 4,250 Professional dues and subscriptions 1,550 Other purchased services, such as printing 2,000 a Without the reinstatement of these funds, the Metro Auditor will be unable to fulfill basic responsibilities under the Metro Charter. ARGUMENTS IN FAVOR OF PROPOSED AMENDMENT (not necessary for technical adjustments) The Council President's proposed budget made huge cuts in the basic level of materials & services for the Auditor's Office. The President's proposal for materials and services alone is only 65% of the ongoing amount approved for FY 2002-03 - a level of operations sustained during five previous years. The President's proposal contains insufficient funds to perform legally required activities, such as the annual financial statement audit, peer review and continuing education to keep audit staff qualified to perform government audits. Additionally, it does not allow for normal operating costs such as telephone long distance, computers and printing. The effect of these proposed reductions precludes the Metro Auditor from fulfilling legal and contractual requirements, weakens Metro's accountability to the public and denies the Auditor's Office resources needed to fulfill the intent of the Metro Charter. The Auditor's role at Metro, as defined by the Metro Charter, is to independently perform continuous investigations. Two words are key - independent and continuous. There is to be a continuous, independent audit effort at a level appropriate for an organization of the size and complexity of Metro. The historic level of staffing and resources for the Office of the Auditor has been carefully established. The Metro Auditor is required to possess a specified level of higher education, technical training and professional certification in order to hold the office. It is this education, training and certification that the Auditor brings to bear in carrying out the Auditor responsibilities to the citizens. This includes using the Auditor's professional judgment to establish the level of resources necessary for an effective Auditor's Office. The Auditor considers Metro's size and complexity and benchmarks to other governmental organizations operating under similar mandate. In order to perform the types of independent audits and investigations specified in the Metro Code requires, at a minimum, that the current level of operations be sustained. The concept of independent auditing is very significant, today more than ever. Lack of auditor independence is a key factor in the Enron debacle. Arthur Andersen lost its independence and became beholden to management for fear of losing income. It could no longer perform its job independently. The proposed budget curtails Metro resources for the Auditor's Office more than for Metro operations as a whole. Such an action defeats the intent of the Metro Charter for an independent auditor and is contrary to the public's best interest. Overall, Metro operations are growing, rather than being scaled back. Accordingly, Metro needs to continue to operate the Office of the Auditor at least at its present level, rather than reducing it. Maintaining the present level of audit effort by the Auditor Office ensures that the Metro Council and the citizens of Metro receive the benefit of independent audits. Looking back on the last eight years that the Auditor has been here at Metro, the value of audit recommendations made by the Auditor Office has been well recognized in letters of response to the audits. More importantly, the value they provide to Metro is demonstrated by the fact that over 90% of audit recommendations are fully implemented or in the process of being implemented. For the last two years the quality of the Auditor's work was further affirmed when the National Association of Local Government Auditors awarded the Metro Auditor the top national awards for excellence. Some examples of Auditor Office contributions to Metro include: • MERC expects to generate about $30,000 additional revenue during the remainder of calendar year 2003 from employees beginning to pay for parking. Additional revenue should be about $48,000 annually in future years. • Parks could receive an additional $16,000 in annual rent for 2002 from clarifications in the Glendoveer Golf Course lease agreement. • MERC will have better control over parking revenues at the expanded OCC by following Auditor recommendations to use tickets to evidence payment, to segregate cash handling and cash recording duties and to periodically conduct surveillance of lot attendants. • In response to two Auditor reports on project management and contracting, Metro developed project management and contracting guidelines and began project manager training. These activities help ensure that Metro's projects are well managed, that contractors produce quality results and that public funds are protected from fraud, waste or inefficient use. • The Auditor's Office worked with Transit Oriented Development Program (TOD) staff to develop meaningful performance measures. These measures were shared with the federal Department of Transportation, which adopted them and now require them for all TOD programs nationally. • The Auditor's Office recommended revising thrift agency credit allocations to provide greater incentives to increase recycling rates as external factors affecting this program had changed since program inception. • An Auditor study of Regional Land Information System (RLIS) data resulted in recommendations to improve accuracy, user friendliness and customer service. • A review of the Open Spaces program produced recommendations to geographically adjust future purchases to better ensure regional balance and to strengthen procedures for obtaining property appraisals. • As the initial PeopleSoft implementation project was falling behind schedule, the Auditor undertook a project implementation review which resulted in recommendations to improve staffing, processes and resource requirements to help ensure Metro avoided the notoriety of Oregon's DMV and Portland's Water Bureau. • The Auditor undertook a Survey of Controls Over Cash Receipts at Remote Locations and made numerous recommendations, some of which were implemented and some are in process. Full implementation would help preclude thefts such as those at the Pioneer Cemeteries and the Oregon Zoo. • The Auditor's Purchasing Benchmarks and Opportunities report made several recommendations including streamlining purchasing card processes to enhance efficiencies. While it is satisfying to look at these accomplishments, the current focus must be on the Auditor's ability to continue to fulfill the Metro Charter mandate - to independently perform continuous investigations. It is through this effort that the Auditor is able to develop recommendations to help ensure that Metro operates effectively and efficiently and that accountability is provided to the public. Approve this Auditor budget amendment to keep the Auditor Office operations at its present level. Only by approving this amendment will you enable the Auditor to continue to perform legally required activities such as the annual financial statement audit, performance audits and keeping audit staff qualified. It also allows for normal operating costs such as telephone long distance, computers, printing and outside professional assistance in specialized technical areas. The effect of the reductions in the proposed budget precludes the Auditor from fulfilling legal and contractual requirements; it weakens Metro's accountability to the public; and it reduces the Auditor's ability to evaluate risks and identify small issues before they become big concerns. At its current level of operation, the Auditor Office meets the intent of the Metro Charter and provides the level of independent auditing required of an organization of Metro's size and complexity. It is essential to adopt this amendment to sustain the current level of operation. OPTIONS FOR FUNDING THIS AMENDMENT - What reductions, credits, changes, or adjustments in other budget/program areas will be necessary to accommodate this amendment? This amendment would be funded through the cost allocation plan. Impact on individual funds is minimal. For example, the impact on the General Fund is less than $1,000, and the effect on the Planning Fund is about $10,000 and is funded by grants. Solid waste absorbs less than $30,000, the largest individual charge to any Metro operation. In terms of overall Metro funding, the proposed budget projects revenue growth. EFFECT ON KEY BUDGET ISSUES - Provide a brief response to each of the following questions ■ Will this amendment Increase/decrease fund balance draw? If so, which fund(s) and by how much? i Impact on individual funds is minimal. For example, the impact on the General Fund is less than $1,000, and the effect on the Planning Fund is about $10,000 and is funded by grants. Solid waste absorbs less than $30,000, which is the largest individual charge to any Metro fund. ■ Will this amendment increase/decrease savings from Council/Executive transition? If so, by how much? This amendment is unrelated to the transition. ■ Will this amendment increase/decrease central overhead spending? If so, by how much? Increases central overhead spending by $73,874; however, the impact on individual funds is minimal. For example, the impact on the General Fund is less than $1,000, and the effect on the Planning Fund is about $10,000 and is funded by grants. Solid waste absorbs less than $30,000, which is the largest individual charge to any Metro fund. Metro auditor objects to proposed cutbacks 04/17/03 LAURA OPPENHEIMER Metro's publicly elected watchdog is battling over her budget again with the agency's politicians. Auditor Alexis Dow says the budget proposed by the regional government's president, David Bragdon, would hamstring her department. This is the fourth straight year Dow has clashed with other elected officials over finances. Metro oversees land use, transportation and conservation issues for 24 cities and the urban parts of Multnomah, Washington and Clackamas counties. It also manages the Oregon Convention Center, the Oregon Zoo, the Portland Center for the Performing Arts, a regional solid waste system and a network of parks and trails, among other operations. Dow became Metro's first auditor in 1995 and started her third four-year term in January. Her office analyzes Metro's effectiveness by conducting about six audits a year, on topics ranging from cash handling to parking garages. Bragdon proposed cutting the budget for the four-person auditor's office by about 10 percent, an amount he says is in keeping with other agency trims. The $607,940 budget proposed for Dow's office accounts for less than one-quarter of 1 percent of the $283.5 million package for the whole agency. The overall number isn't the problem, Dow told councilors Wednesday during a budget hearing. She objected to a 49 percent cut in her materials and services budget, which covers outside contracts for special audits, staff training, office supplies, long-distance phone calls and other necessities. Dow is receiving $221,261 for materials and services this year, including $53,000 for a one-time expense carried over from last year. Bragdon's proposal would decrease the materials and services budget to $111,961. Dow said she would have only $17,900 left after paying for several legally required functions. In past years, Dow fought budget cuts proposed by Metro's former leader, Mike Burton. Last year, she compromised with councilors, losing the equivalent of half an employee in contracted services. "I worry for the office," Dow said. "If this is a trend, by the end of my term, there won't be an auditor's office." This year's budget, scheduled for final Metro Council approval May 1, reins in spending in most departments. The agency continues to post strong revenues, but Bragdon said ballooning expenses are putting Metro in financial jeopardy. Dow should be able to do her job with her three assistant auditors, Bragdon said, noting that she can distribute the $17,900 however she likes. The auditor's office has spent too much money on outside contracts in the past, Bragdon said. "This is a time when the whole agency is tightening its belt," he said. "I don't think it's Draconian at all." Dow initially asked for another auditor, a conference room for her staff and money to help assess Metro's recent leadership restructuring. She said Wednesday that she would like those extras but would settle for maintaining her current budget. The Metro Council will host hearings on its budget at 2 p.m. today and April 24 and at 6 p.m. May 1 in its council chamber, 600 N.E. Grand Ave. in Portland. Laura Oppenheimer: 503-294-5957; loppenheimer@news.oregonian.com Y Metro Auditor Budget Fact Sheet FY 2003-04 Auditor Role • Chad ter Mandate: Make continuous investigations of the operations of Metro including financial and performance auditing and review of financial transactions, personnel, equipment, facilities, and all other aspects of those operations • Serve as eyes and ears of public • Citizens expect sufficiently resourced Auditor Office FY 2002-03 FY 2003-04 Adopted Budget Proposed Budget Materials & Services $221,261 Materials & Services $111,961 - Financial audit (legally required) 88,000 - Financial audit (legally required) 88,000 - Carry forward 48,000 - Peer review (legally required) 2,500 - Bond letter (contractual obligation) 3,600 Remainder for M&S $ 85,261 Remainder for M&S $ 17,861 $~t`tena~~erv" Auditor Amendment #1 seeks to restore Materials & Services to current operating level. Auditor grew at a rate similar to inflation Metro grew nearly three times as much in same period Auditor personal services and materials & services increase FY 99-00 to FY 02-03: 8.3% Compounded inflation FY 99-00 to FY 02-03 8.2% Metro personal services and materials & services increase FY 99-00 to FY 02-03: 23.2% Cuts to /auditor Office more severe than rest of Metro Summary All Departments FY 02-03 FY 03-04 Percent Amended Budget Proposed Budget Change Personal Services $ 55,319,701 $ 57,058,220 3.14% Materials and Services $ 91,625,818 $ 82,168.079 (10.32%) TOTAL $ 146,945,512 $ 139.226.299 ( 5.25%) Auditor Personal Services $ 457,531 $ 495,979 8.40% Materials and Services $ 221.261 $ 111,961 (49.40%) TOTAL $ 678.792 $ 607.940 (10.44%) Auditor as a Fraction of Metro 02% 99.8% m Metro N Auditor Metro has adequate resources to continue Metro Revenue • Excise Tax 1,5% $ 10,019,954 Enterprise Revenue t 5% $ 97,080,624 i Total Current Revenues t 1% $189,125,125 i Contingencies General Fund $ 500,000 Support Services $ 465,279 MERC Operating Fund $ 1,221,713 Planning Fund $ 386,000 Zoo Operating Fund $ 1,000,000 CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Bill Monahan FROM: Jim Hendryx DATE: April 21, 2003 SUBJECT: Washington County Commuter Rail Steering Committee Meeting The County Commuter Rail Steering Committee met this morning to receive an update on the project and. progress made toward funding and construction. Several key actions have taken place to date, including finalization of the joint use agreements with the railroads; finalization of the purchase agreement with Southern Pacific; IGAs with all jurisdictions along the course of the project have been signed; and consensus by the State to continue bonding authority to 2005. The project is awaiting Federal approval through the Federal Transit Authority (FTA). Ridership forecasts have to be resubmitted to meet new Federal standards. A new consultant has been hired to assist with this process. Once Federal approval is committed, final engineering can be completed and construction started. This has resulted in further delay in the project, with Spring 2006 being the new target opening date. Attached are materials from the meeting. WASHINGTON COUNTY COMMUTER RAIL STEERING COMMITTEE April 21, 2003 7:30 - 9:30 A.M. TIGARD TOWN HALL 13125 SW Hall Blvd. AGENDA 1. Call to Order/Introductions Tom Brian 2. Status Reports Joe Walsh a. Agency Agreements b. Railroads c. Vehicles 3. Funding Update a. Legislative Update Tom Brian b. FTA Report Fred Hansen 4. Project Housekeeping Joe Walsh 5. Other Business Tom Brian 6. Adjourn Tom Brian 1 CommuteT Wilsonville to Beaverton Overview TC ° on TC The Washington County Commuter Rail line will serve the Beaverton heavily traveled Interstate 5 and Highway 217 corridor, - h and connect with TriMet MAX light rail in Beaverton. Final design is underway and funding is nearly secured on the line that could open as early as spring 2006. Length & route The proposed 14.7-mile project will travel between Washington v Beaverton Transit Center and Wilsonville, and also serve Scholls Ferry/ °Square 7C the communities of Tigard and Tualatin. Commuter Rail Washington Sq. will share freight train tracks with the Portland & Western Railroad in eastern Washington County. Tigard TC „ There will be five stations, with approximately 800 parking spaces at four stations: , Kn• Way • Beaverton Transit Center - will connect with the MAX Blue Line and TriMet buses • Scholls Ferry Rd./Washington Square - located across Highway 217 from Washington Square Mall _ • Tigard Transit Center - will connect with TriMet _ buses and have 120 parking spaces Tuabdn Rd • Tualatin - 117 parking spaces • Wilsonville - will connect with SMART buses and Tualatin "1--- - have 397 parking spaces ~a TuWaUn ' F$ Frequency & travel time Commuter Rail will operate weekdays every 30 minutes a LEGEND during morning and afternoon rush hours. °`°'"'Aerst^' ~ o cwa~„ pan W ital senor - W Blue Lin. The trip will take 27 minutes from Beaverton Transit ° WStaWn Railroul Center to Wilsonville, which is 35-50 percent faster than TnVdBftndwy the equivalent auto trip in 2020. Trains will travel at an average of 37 miles per hour, with a top speed of 60 3 miles per hour. Boeclanan Rd Ridership s Average daily ridership is estimated at 4,650 trips by Wilsonville 2020, with half of the riders new to transit. Wil WWA& Rd Commuter Rail is a project of TriMet, Washington County, and the communities of Beaverton, Tigard, Tualatin and Wilsonville. TRI `'=i MET i. w~• 'IEEE! Conceptual station platform Each of the five stations will be built similar to commuter rail stations around the country with minimal amenities. They will have a "mini-high-block" platform for people using mobility devices, shelters, benches, trash cans, bike facilities and public art. Vehicles No company currently manufactures self-propelled diesel vehicles that meet federal safety standards, but two companies now have prototypes in ; development (pictured to the right). Funding The $123.5 million project is paid for with local, regional, state and federal funds: • $16.5 million from local cities and Washington County _ • $35 million from state lottery bond proceeds • $10.25 million in TriMet funding • $61.75 million in federal funding TriMet and Washington County will contribute towards the $4.1 million in annual operating costs. Timeline The Full Funding Grant Agreement will be secured as early as fall 2003, with construction expected to get underway in 2004. The Commuter Rail line could open in early 2006. Project partners In 1996, Washington County; the cities of Beaverton, Tigard, Tualatin, Wilsonville and Sherwood; TriMet; Metro, and the Oregon Department of =r~ : y fMy , Transportation initiated a feasibility study of Commuter Rail. The project has received strong il~~lf, I support from the public and business community. • Getinvolved Who to call for more information: i Design and construction, Claudia Steinberg, 503- ; - I~ - 962-2154 • Art, Mary Priester, 503-962-2291 Conceptual station platform • DBE/diverse workforce programs, 02/'!7/03 Bruce Watts, 503-962-2217 0-®urt~► ' asbil'gt° ail ~ov"T ' ~ia1s ~i~'►~ mate .t ~►~~e re9on Legislature O ittee ` d Means Subcorr,m an on ~e1 op.ment .r ~R z • Ways ic De R nom TransPortat o ApYi12®®3 1y ~ ION COC y x 1 iu:~ ..a. OREGON l 1 Summ aTy Need - • Total population in the Commuter Rail corridor is forecast to increase by more than 45% by 2020, with employment t expected to increase by more than 88% over the same period. • Regional plans identify over 29.000 new homes and apartments, and 65,000 new jobs in the corridor cities by 2017. Project description The Commuter Rail project: • serves critical mobility needs in the 1-5/Hiwghway 217 corridor through joint use of freight rail lines. • will serve an average of 4.650 daily weekday riders in 2020, many of them new to transit. • will have a travel time of 26 minutes between Beaverton and Wilsonville. 35-50% less than equivalent auto travel. • has a capital cost of $8.2 million per mile, significantly less than a limited-access highway. • runs 14.7 miles from Wilsonville to Beaverton along an existing railroad corridor. • links with MAX to connect riders with Hillsboro, Portland. Gresham and the Portland International Airport. • includes Park & Ride facilities at four of the five stations: Washington Square, Tigard, Tualatin and Wilsonville. • will operate weekdays during rush hours. Project features • Commuter Rail uses the existing railroad alignment-and facilities, minimizing community disruption from construction and operations • Track and signal improvements will allow Commuter Rail trains to travel at 60 miles per hour. Freight train speeds will increase as well. • The project will upgrade the existing railroad signal system and highway crossing gates to accomodate the higher speeds. • Because the Commuter Rail trains are shorter (two cars) and travel faster than freight trains, crossing-gate "down time" will be minimal. • The traffic level of service at major intersections like Canyon Rd., Hall Blvd.. Scholls Ferry Rd., and Tualatin-Sherwood Rd. will be maintained. • The project supports local, regional and state land use and economic development plans. Background and project status • In 1996,'Washington County; the cities of Beaverton, Tigard, Tualatin, Wilsonville and Sherwood along with TriMet, Metro and ODOT began studying the feasibility of commuter rail. • In 2001, the county and the Federal Transit Administration (FTA) completed alternatives analysis and an environmental assessment. • The project is now awaiting Federal approval to begin final design. • Washington County entered into an agreement with TriMet to operate Commuter Rail in May 2002. 2 Project cost & funding -Beaverton TC The capital cost of the Commuter Rail Project is $123.5m funded with local, state, and federal dollars: _ • $16.5 million - local cities and Washington County • $35 million - State lottery bond proceeds • $10.25 million - TriMet • $61.75 million - federal funding oWaspin w Seholls Ferry/ Sm+welc Washington Sq. slo. PA State funding for Commuter Rail Background Tigard Ta The 2001 Oregon Legislature approved matching funds for the Commuter Rail project in the amount of $35 million to be disbursed • in two installments: 1. A $20 million lotery bond to be issued by June 30, 2003 2. A $15 million lottery bond (or cash revenue) to be issued by June 30. 2004 at tin VA _ • The 2001 Legislature provided bonding authority and expenditure limitation for the first $20 million installment. • Under an agreement with the county, ODOT must release the first $20 million installment to the County upon execution of a funding contract with the FTA. LEGEND •TriMet, Washington County and Oregon's congressional delegation r_ o • are currently working with FTA to finalize a Full Funding Grant ° w••••" Agreement (FFGA). - - -N»r11N.•• ' • It now appears that the FTA will not be able to execute that Wilsonville agreement until fall of 2003. - rs°y.man" - - Washington County Commuter Rail Corridor Requested Action: The proposed amendment delays the date by which lottery bonds must be issued for the Commuter Rail Project compared to the existing statute. In lieu of issuing $20 million in lottery bonds in June 2003 and $15 million more in June 2004, as required by the current statute, a single bond issuance of $35.247 million is proposed to occur in January 2005. This eliminates the need to budget at least $4.8 million for debt service on Commuter Rail bonds that would otherwise be required during the FY03-05 biennium. The added $247,000 of bond proceeds is required to cover increased interim borrowing costs incurred by the Commuter Rail Project due to the delayed issuance of state bonds. Thus, the proposed amendment keeps whole the funding for the Project, while eliminating the need to budget lottery funds for the project in the upcoming biennium. tz ' z• ~,}q,,z . rt'f t ~M ?c~ ~ i J 1. '-t :`il~.~'!:,'•,, :..ai i p . w*- - - - . - . 7 . j''? .u s _ x . . y,•L^'L}F3w' ` r "ski... I Conceptual center platform design 3 t `v y IJ~ to 0 -M W% Commuter Rail vehicles • Washington County and TriMet staff are working with vehicle makers, the Federal Transit Administration and the Federal Railroad Administration on specifications for a new vehicle that complies with all current safety standards. • The Project is preparing specifications with the intent of issuing a Request For Proposals for vehicles in mid-2003. f Aero DMU-Colorado Rail Car 4 WASHINGTON COUNTY COMMUTER RAIL PROJECT STEERING COMMITTEE * Steering Committee Members C.'" t'~;,t .N : Cr . tir.;1. : v . '-t.c:car..;:^n •94 - L-:,-.r t. Imam 'ia~ ^y~•'~~'`w^~~ "1'A?°~ ~ i'°`•Ci.~.~~*,a~/ ea Z f f~~~7~" a t ~~{i/ ~7 L IaMU rN Y O ,y » n 4•" Washington County *Chair Tom Brian Board of Commissioners (503) 846-8685 Washington County tom brian(a~co.washington.or.us 155 N. First Ave., Ste. 300 (Office) Hillsboro, OR 97124 * cao a(,.co.washington.or.us Washington County (503) 620-2632 (503) 684-7523 Comm. Roy Rogers Board of Commissioners (Office) (Office) Washington County royr(@rascpas.com 155 N. First Ave., Ste. 300 Hillsboro, OR 97124 "Mayor Rob Drake rdrake a( -ci.beaverton.or.us PO Box 4755 (503) 526-2481 Direct to his office: City of Beaverton Beaverton, OR 97076 (503) 526-2571 *Mayor Jim Griffith 13125 SW Hall Blvd. City of Tigard mayor aC~ci.tigard.or.us Tigard, OR 97223 (503) 639-4171 (503) 684-7297 *Mayor Lou Ogden lou.ogden aniuno:com 18880 SW Martinazzi Ave. (503) 692-0163 (503) 692-0163 City of Tualatin Tualatin, OR 97062-7092 *Mayor Charlotte Lehan Charlotte. 30000 Town Center Loop E. City of Wilsonville lehan a(~verizon,net Wilsonville, OR 97070 (503) 682-1011 (W) (503) 682-1015 *Fred Hansen 4012 SE 17" Ave. General Manager, runnionkatrimet.org (503) 962-4831 (503) 962-6451 TriMet Portland, OR 97202 *Bruce Warner, bruce.a.warner(aodot.state. or.us Office of the Director (503) 986-3289 Director, ODOT 355 Capitol St., NE Room 135 (503) 986-4000 (503) 986-3432 Salem, OR 97301-3871 Commuter Rail Steering Committee Page 1 Last Updated: 4111103 yMyhyE~~~t :.ly. a f J f tiff 4M~fVfFf f 00 a 543)682-5421 Spa) 692 5.5524 or ::4~. N ~ arl+nau Ave. ( (503) 2 6 5.0629 ' y~,~gpb- n ~~~~r , ~ i' 18880 09, 97062- (503) 248 9091 (503) 82 Tualatin, private olc) p y► w com X503) 625-42`16 1 (503) 365-7"" Tweller cesn W W ashin997140 Tony Weller 24 N ood, OR 365 7717 CouncilTualatin president, ood.or.us Sherw ve SE #220 1(503) ci council sheer 1793 city of 650 Ha home A (508) 797- kCote r% g7301 1889 -A %ayor Mar Salem, 797 of Sherwood s wrr.corn a1 Center (503) Reg 1 hi Metro ton Ave 326-2900 nd City pD3) PbAPps 6p0 NE Gra 97232-2736 3386 carry portland, OR penter (503) 326 president, d Inc. rnetro.dst.or.us Trade 227-254 P & W paiiroa , bra dond one W orld #1260 W Salmon (503) David 8,ra9d0n smith.senate av Portland OR 87244 503) 228.2540 Metro der mchuk t St., #678 SW Marke p1 mchuk, 200 OR 872 Kerry Ty ithIs Ofhce Portland, Senator Sm att lob-al-net Russel :..r , oaf r rte. John nspodation Oregon i'ra k>~.~~=~~a~ Comrnission s ; ;~NE 350-4052 4 (503) -[I M4 si 3 0 747t %7 r cv 2 M' ► •E ENO s r'~~; t "i ,>r; - fl +'~•.V (503) 526- 1 STEEFtING CAM z<; `r,~~,s _r r „ z Sox 4755 .0. OR g7076 (503) 350-4425 M tt p►D Be0 a erton, R averton.or.us j30% 475 87076 5 ) 839-4171 _r, . ;NAM tv ch i.be P. on, (03 tramis Vert Rannisch verton s Bea HaQ Blvd 3034 4111103 Thomas wski ci-bea 13125 OS\N R 97223 503) 691- of BeaVed°n bo usla ard, OF, ( City 0 BoguSlawskt m Ti9 Ma ;nazz Lost updated: 185g0 SW V. onus Tualatin, OR M verton cl.ti ard. ity of Bea 27p92 C ~IMH Hendry ci.tualatin.or.us Jim Of Tigard mmck~lli page 2 City MIKe McICilli , City of Tualatin Steering committee commuter Rail ill! I. • 5 s (503) 662 702 ~r ;,4, . • ~ 503) .570'1595 r °T t 543) 846-4412 , . , enter LOOP t n SW Tow *NA da ` vary' ~ rt ~a OR 97074 5431g46~534 P►1? , 30000 vale 7-3g51 Ste. 350 t 543) 22 us st Avenue, ci.wilsonville•°r 155 N. FOr OR g7124 (503) 227-39`14 ho Hillsbor , Court Dan Hoyt vine ton.Or.tis 310 NW Kron g72A0 4125 City of Wilson washin 543.986- 59 lutdir Portland' OR (5Q3) 731-82 Kathy tehto 'OuntY attbi•com 55513'h Street NE 8256 Washington inC OR 87301 1503) 73 - lark~n r°u odot.state °r.us Salem, Geoff Larkin InC• I.howells 123 NV Flanders -4037 5031 The Larkin 165 7717 Croup' Claudia. and OR 97209 Suite ext e11s onus portlan venue SE' Claudia How ision odot.state 650 H awthorne P 1700 ODOT Rail Div Ka vANS1OKEt_ OR 97301 (503) 797- 200, Salem Kay Van Steve1 na OR 97232. eet, 2736 ODOT Region Malec wrr Cam po~taE Portland (503) 962-2134 2284 ales Str 1503) 962' Paul Z Inc- rnetro.dst.o„~ NE Holladay 962-2266 P & W Railroad, anr OR 97232 land (503) 862-2284 Brandman brandm Street, Port (503) Richard trimet.or 14S Holladay 956.2154 Metro mcfarlan OR,97232 (503) 962-22$4 cParlane et.or Holladay Street (503) Neil M walsti trim 714 NR OR 97232 962-2265 TriMet portlarid, (503) Joe Walsh olladay Street trimet•or 710 NE H 97232 TriMet ste1nbeC po~land, OR Claudia Steinberg tr imet.or otok Trill pklmoto aYA Kimberlee TriMet fast tlPdated: 4111103 Page 3 Commuter Rani Steering Committee WASHINGTON COUNTY COMMUTER RAIL PROJECT DESIGN ISSUES GROUP NAM. ORPANIZATION,_.; ADDRESS,I9«~b 1 Ut. C1TiY, STATE: ZIPgE-MAIIADDRESS w PHONE , Mark Bogustawski City of Beaverton 4755 SW Griffith Drive Beaverton OR 97076 mboguslawski@cl.beaverton.or.us 503-3504025 Barbara Shields City of Tigard 13125 SW Hall Blvd. Tigard OR 97223 barbaras@ci.tigard.or.us 503-639-4171 Jim Hendryx City of Tigard 13125 SW Hall Blvd. Tigard OR 97223 JIMH@ci.bgard.or.us 503-639-4171 Mike McKillip City of Tualatin 18880 SW Martinazzi Ave. Tualatin OR 97062-7092 mmckillip@ci.tualatin.or.us 503-691-3030 Dan Hoyt City of Wilsonville 30000 SW Town Center Loop E Wilsonville OR 97070 hoyt@ci.vtilsonville.or.us 503-570-1595 Bob Melbo ODOT Rail 555 13th Street NE Salem OR 97301-3871 robert.i.melbo@odot.state.or.us 503-9864137 Paul Zalec Portland & Western Railroad 650 Hawthorne Ave., Ste 200 Salem OR 97301 pzalec@gwrc.com 503-365-7717 x111 Geoff Larkin The Larkin Group 310 NW Kronan Court Portland OR 97210-5005 larkingroupinc@attbi.com 503-227-3944 Dan Blocher TriMet 710 NE Holladay Street Portland OR 97232 blocherd@trimet.org 503-962-2201 Joe Walsh TriMet 710 NE Holladay Street Portland OR 97232 walshj@tdmet.org 503-962-2266 Rick Kindig TriMet 710 NE Holladay Street Portland OR 97232 kindigr@trimet.org 503-962-2180 Claudia Steinberg TriMet 710 NE Holladay Street Portland OR 97232 steinbec@trimet.org 503-962-2154 Mary Priester TriMet 710 NE Holladay Street Portland OR 97232 priestem@tdmet.org 503-962-2291 Rick Nannenga URS / BRW 111 SW Columbia Portland OR 97201 rick_nannenga@urscorp.com 503-948-7221 Mark Dom URS / BRW 111 SW Columbia Portland OR 97201 mark_dom@urscorp.com 503478-2773 Steve Hansen WA County 155 N. First Avenue Hillsboro OR 97124 Steve hansen@co.washington.or.us 503-846-7875 Last Updated: 411112003 WASHINGTON COUNTY COMMUTER RAIL PROJECT ART ADVISORY COMMITTEE Anne Avery (Tualatin) Coordinator, Westside Cultural Alliance 8470 SW Avery Tualatin, OR 97062 Ph: 503-692-5447 E-Mail: anneaver(-telep_ort.com Joan Chapin (Beaverton) Member, Board of Directors of the Contemporary Art Council, Portland Art Museum 15410 SW 155'h Court Beaverton, OR 97007 Ph: 503-524-2608 E-Mail: ioanchapin (dWt.net Soo Kim Gordon (Beaverton) Artist, Member - Beaverton Arts Commission Board 10073 SW 15151 Place Beaverton, OR 97007 Ph: 503-590-0113 E-Mail: artgroveskg(Raol.com Sinan Gumusoglu Project Architect, OTAK 17355 SW Boones Ferry Rd. Lake Oswego, OR 97035 Ph: 503-699-4535 E-Mail: sinan.pumusoglu(aotak.com Chris Lewis (Tigard) Chair, Art Resources of Tigard 12828 SW Walnut Street Tigard, OR 97223 Ph: 503-590-5890 E-Mail: cclpianona,aracnet.com Commuter Rail- Art Committee Page 1 Last Updated: 12/13/03 Patel Missal (Wilsonville) Artist, Teacher - PNCA 30650 SW Boones Ferry Rd. Wilsonville, OR 97070 Ph: 503-682-3778 pmissaIQpnca.edu Loren Nelson (Beaverton) Photographer, Member of TriMet Public Art Advisory Committee 14415 NW Oak Hills Drive Beaverton, OR 97006 Ph: 503-614-0418 E-Mail: lnelson a tteleRort.com Commuter Rail- Art Committee Page 2 Last Updated: 12/13103 4122/03 tments staff L ison A oin,, T Iterna#rr-`i1 S A 4d 3F ~N LY Wilson a (Coune~or T~ rtfn i Sherwood r Priin,i+Yy r:,`, .Re reentatiVe.. Moore ttee Dirksen Griffith Budget Committee et from City MQnager with citizen committee members. m, in the Tigard Water ro osed budget 630 p• and on an as-needed basis during a Committee reviews the pp Monday evening in the month of May, year ee members also meet periodically throughout the Y Committee meetings are usually scheduled for every Auditorium. Council and citizen Committ Council meeting. pirksen Subcommittee consists o Budget Subcom. - Prosser, Monahan Social Services ial service agencies for contributions from the city. lications submitted by so' et Committee. Subcommittee reviews aPP o schedules with committee members for time of meeting. council member and two citizen-members of the Budg one c ee meets for one meeting in March. Finance Director Wilson Committ Sherwood Moore Budget Su am. Griffith pirksen The entire Council reviews the information submitted to Events events. ee reviews requests for contributions to community session meeting of the City subcommitt meeting or study the finance Director. a council at either a workshop The finance Director reviews event requests with the Council in March- Liaison Appointment Matrix - Page 1 Council/staff low LEG►BI►-n-Y STRIP .C ~T ;"Xr C C"b 7kAQMl ~.~-'F,,{. ~+22lQ3 , ~.plternaf~►or, {:r:: , ~Couneil arr c~~R~H. esen3ative Pr+m,. is me Rober i~ttee= ~3 YkSfcf fl Alternate unit`! Scheckla Com►n pevelop established the all matters Community t Pcy * herwo d wet becone Cissioners (BCC) the BC on oli and each of Block 6ti`an 5 at When of omm dations to Co the Boar m Board primary ends reCOm en from Advisory term on County make off . f r Schecklds on agreement. the Washingt Consort electe 6/30/03) d the County enerally an c pAB) to repre5ent ¢ re$entatiYe, 9 . urisdictions ooperat► . Overnmental Board The PAS includes a r P member J BY interg Advisory rotate among Qevelopment policy Advisory Program the County' locations Within Meeting pertaining 10 the cities a month at -1 p'm eff the eleven P the through The B° orts in Board meets the endryx pirksen roximately four years 09 0 to revitalize t ~ Central Business ~Nas formed app pirict Assn. ment. Su ly. District Association develop at noon at SW office pp The Central Business s ions and general c economic sting, promo Commissioners other (Is and 3`d) Tuesday mark every Library the Board of Jane Smith rograms, embers Services and d to library P County The Association meets Board m Library relatb e Barnes priorities Library County issues are appointed by Coop. Board the Washingtosystem, including Members the Board. Adviso Board advises Wide library library services. Advisory resentatives to budgeting for ~i and rep member jurisdictions. Library of the c°una -w" Cooperative o erot%O nd financing onaha0 selects 9 among on issues concerning le els, nager B7,11 N► at various locations m. and service city Ma polices cf Commissioners. ednesday of the month, 7 p' Board first W The Board meets the page •,fmeet PAatrix ' 2 - staf f jiaisor► APPp1 LEGIEIL"Y STRIP 4122103 ~ter'nate or Staff r , . rtC4unctl °r ` 2A. sentV o y Prima ; ge Amand County and /S t. with w°sh~ngton examine Goitirn~ttee;IJame; Sfiaff) Hwei so ® note Alter ponce will also 3.:y ask Dirks The will Work closely 0-72• 'Cask Force The Task ntown T commuter rail station. Dow of a down town carom rculat F°rCe Council Resolution N°' 2 cii on- was formed by city went and Oppearanc edestrian and vehicular Task Force Hall or as needed the develop ants, including P in Town fluence rovem TriMet to innfrastructure ImP monthof 6:34 V-0- Downtown I ih Thursday of each orce meets the 4 reement 'Cask f 5herwaod avernmental a9b o member through on interg is rep Interg resented y The ental Moore and was established urisdiction overnm IWB) members and District. Each J Water Board t of five and the Tigard out other Water Board consists ental and King issues and to carry The Intergovernm Durham Council on water between the cities of Tigard, canted afi large. Tigard City and one member is aPP recommendations to the is to make Building. The purpose of the IWrth in the agreement. Tigard Water July - Dec Set f 30 Pm.. Jon - Tune 04 Wilson responsibilities of the month. 5' 03 the 2nd Wednesday July - Dec Sherwood The Board meets Jan - Tune 03 Dirksen individuals interested in S and interview at►f icatian. July - Dee 02 Moore a lication Council for r schedule) review P arwarded to the in the Ash Mayor s APO - Scheckla rotation are f evening Coro. a six-month ecommendations usually early Advisor on Committee r s are Councilors The Advisory ember. Meeting & a Councilor, (ointment and Counci The Mayor ee aPP the Mayor met► l m a board or co'~ schedule of times to fit es appointor at city Hall. Sta{{ arran9 Room Creek Conference intment Matrix - Page 3 CounciUStaff Liaison APp° `ru,v~r~ ~ ~ ~ rear X_ ~+Y ~ Cou~~~ bra'' ,AID regeh~~t~ve . f °~m~r~Yn~ y Y5~ R a usually r iittee ° u5ta f , r , deSruYn members nre Scheclcla primary meets Area the Commission. cable services and Ol MetroP°litan a seat on with AT&T for President & Treasur We Cammunications Commission has the contract Vic¢ Pr of the Execute ACC) unicC ions that oversees ee (the President. the review Comm fission a Comm body mitt budget and the Mel,°politan ACC is the governing The Executive Com including access administrative issues 1815 Each memmber (not required) TVTV (Public commission on MACC meetings - ers in Beaverton' Council me act with to the most at MACC headquarters contr ¢ndations attends oversees . recomm legal counsel and 1-5 P.M. Wednesday afternoons, Separately to makeerY serves as Director. Pom year, usually on meets six times o Y The Commission Suite 6020. xlSh1elds NW 169* Place, Hendry with the Griffith use issues associated Metro on land cities within the Met~'o Technicnl mittee (MPAC) Comm+ttee counties and Advisory Policy Advisory Com from the (MTAC) to the Metro of rePre$entntion ntions is made UP and makzs recommend The committee also involved. MTAC reviews Metro 2040) roues are at Metro . 9:30 a.m• Metro Functional Plan ( and sP¢ciol interest ,region- state agencies e W edne5daYs of the month MTAC meets the 1st and tment Matrix - page 4 iaison Appo'n Council/Staff L 4/22/03 ~x 4 ~ Qr~fiaryt'(Coultcil ,o~~: ~Alternafie or ~5taff; ~ ittd° Names ~riamin f7 ~.r Staff)' 4 < ~ .'.Re r..esentatrve Metro Policy Griffith (alternate) Hendryx (alternate) Advisory Committee (MPAC) he Maas celected as annot as alternate by Washington e except it is made up of elected representatives. Mayor MPAC is similar to MTAC abov , x attends meetings if the mayor County 3urisdictions. Community Development Director Hendry MPAC meets the a and 4th Wednesdays, 5-7 p.m. at Metro. Dirksen Monahan New Library Resource Team b ective and the knowledge gained through vsp Library Expansion Committee. Team The mission of this group (formed y Council st 02a-ff,47) is to architects provide and the citizen persp design team i a Library lufiion Librnry Construction Committee and the p city c their prior invol vement on the New Tignrd'nrd Resolution d the commun ty` rlegardi grth expertise with T g Coun members will share their is interests. Team The ersQ may provid pinformati nhfrom the community to the library staff. representative of community ' progress of planning and construction process. They y have met on Mondays at 6:30 p.m. in the library. also convey Resource Team meets periodically as needed. In the past, they Council/Staff Liaison Appointment Matrix - Page 5 4/22103 ,q ,r n ~ .t r Fyh~" 7'tiR rk R~n.e} af~~4 r2 C~^x »7 ~ ~ ~ rimaty t(Cuncil oh 5. Alterriaf ~4arYn h Cd" mnittee r j Re resentati Moore Sherwood Regional Water Wegner consortium appointee to this group repre Consortium is sents the comprised of all water suppliers in the Pohep oda ti I Bull Run Regional c Water Agency. city on regional policy issues. A subgroup is studying the held at Metro. e Policy board member (our water representative) attends a quarterly meeting Th Senior Center Mills Board Senior Center Board. The Senior Center Board Ica es cts with loaves and Fishes which volunteers who run programs. Loreen Mills represents the city on the Comm nity College The city provides the Senior Center Building. pays salaries of Senior Center Staff and d provides Assistance with programs is also received from Portland meets 2nd Tuesday of the month from 10 a.m.-12 p•m• at the Senior Center. Board Tigard Chamber of o n o)n - (ex Commerce Board policies and status of Bill Monahan is a non-voting board member to serve as resource to the Chamber Board with regard to city p matters of interest to the chamber and business community- The from 11:30 a.m.-1:30 p•+r The Board meets the second Wednesday of the month at the Chamber o Council/Staff Liaison Appointment Matrix - Page 6 Ny LEGISII-V STRIP ]pomp 41221Q3 `ot' n.. r ou; " n°, `h sentpt~ve< Measure c6mor~-ta";:+ k. a Bond Wilson ile Tr°nsportation d must be ;s>.. a►~ y 'Staff d On en mn7. picks results of the needs rem°►n ortation. The TronsP° election infrastructure modes Of transpForce will anon Str°te91es to evaluate the Transportation alternate Task Fi~ncin9 0 01-06 bond {ailed the aut omobike the City council . The essen tial to Force as {armed by Re'the re°$Ons ands the is to sp e travel demands dotions including determine and {utur d develop rec0mme measures a Task Force e w6sting The Task Force wballot} and a funding tion.` P acko9 ding pass of any future Counci1 direr rovement P by Council. egi November t 00 c c Ommodateeathe s ble funding s rat a es ° Based On ns ortotion and review ng o tra P ee discussion addressed explore f enhonce th P ects. i enonce Force is to required *to of the prof of fund Task . e actions nd support 0 with the 9001 %es blic aw em the ome of Street Mint determ oreness ent strote9 Outc her dev v af enh°ncin9 and impl dependent upon urtelop and community f • ings of the Tosk Force T ore define o vi sion for the 9ons• The ask Future meet and org Moore a process to individuols Force acre established art resent Vision nership Of Task Task F thrOU9h a p taff will p 1997 the Visoor. that vision of .1003's pct./Nov. for ommittees in Will review throu9hOUt implementing document • or February C 1996 and and Beyond Tomorrow In January with Acfioask n e Vision w fr%A Beginning in resources as follows Will meet T Fare and they identified the s the T►9 ears is 2003. staff The Vision ed in May ate the ral y Zp04 Will be conduct review Then review {or the next 5eve cess Farce per nd update iodically report Pro for l will occur The survey V-TF action Pwill schedule renew develop to will meeting In the regular 04 Vision ch-Apr' ber 14. 2004. then written force to the Council. 7anuory Mar $eptem mittees will plan will be The Task art for -de survey ve results On Com17 the Vision repo annual rep a Clww the Sur 22. 2004 • -The FridheoY Action the an lPubl sh the her information fen report on pecember and then papers an d 9°t a watt pc 22 _ ill receive tember Z0, 2004 - November ovember ation• White P°p Council w Sep MondoY al inform From ►enew 0n01yzed. pals from , 2004• us the and 9 19 Z~ directiorN _ November lishments P pctober 25 accomP include the 2004 e 7 ointment Matrix ' Pa9 ,._...,rillStaff Liaise App t ,y 1! ~ t£ 57, t 41221Q3 or gtaff` x t - wF; J , Y qv /y ern~t.: Jr 5 ,yer ' Counc~l~o~c~~,~.~ae .resentat►ve Rohlf -Budget - y ame 4 , v Co y~ m~"ee Orr R¢P safety agencies Mon°h°n {or all public North Qlains. County Center Cornelius. • Washington 1-1 Dispatch Hillsboro. Com of Beaverton, Consolidated (WCCCA) is the cities from Communications Agency mbers include the each ,tjons ali a Deptative Consolidated COMM a Police one represen an tative one alters adoption k plant h;ngton county except Forest' ood, and Durham. members. Wor as Was of City, voting re$entative The County . 5herw and non- 000) Kim9 voting one primary nnuaal objectiv¢s an over °k~, in Wash►n9t Tualatin. a oies Lion of of contracts ~,ston. Tigard, nd membership consists h ur;sdiction p'Jan, ad°P royal s W . aPP COCA a the Board- Each J strategic budget the agency of the annual The Board 90'.u . constitutes adoption urisdiction d is responsible f Qndords, WCCCA Commission, rticipating 3 The boar once 11 pa rective. commendations to the at WCCCA - 179 and di m• representative• . elineS ; perf orm nistrativ¢ akes re on the third 'Chursdays. P general policy 9uoting Board adm d b,lr get and ""a and December) authorised by the propose ittee reviews September, April. The Budget comet quarterly (March, 3une. meetings will be held in March and The Commission meets Beaverton• W Evergreen ParkwaY~ a ear' For 2003, these N mmittee meets two times Y The Budget Co ent Matrix - Page iaison A110.' • Staff Lntor 4/22/03 t'~, ,z. iyt v ; er- "tafS~.,'Y~~f r!f ~ N e, ?r t?S'- c a ♦ - a." E isc f~,~te~n4te, or ~ i! - w. -.i,., r.. n. 3 . n , ~ sea... puenas w, Griffith Washington County CoordinatingW provides a forum for discussion on Committee CCC) Inns and projects and transportation issues~o p Establishes positions of consensus on land use roach when app pr'ate ecif W ic authority on comments on major land use and the Major CCC reviews and overnments. The Committee has sp ro ram. ~n recommendations for aco C inated loapi cal government wide Traffic Impact Fee UIF) p g these resulting Washing t and the County and transportation issues among ram (MSTIP) appointed by the City Council of the cities o ation Improvement program Durham, Banks, Sherwood and streets Transport Cornelius, ton, ove, King City, Gas atives •p consists of elected repi'esentaForest Grn alternate County represent to JPAC and MPAC The voting membership will , Hillsboro, Tigard, N orth Was plains hington Tualatin, County and cities of Washington Beaverton, ton County- Wilsonville, and Washington be on the policy body' Hall. C meets the second Monday at noon at Beaverton City The WCC Sherwood Moore Wegner Willamette Water Supply Agency WSA) al perspective, potential uses of Willamette River Water. WWSA coordinates, from a region irregular basis. One public meeting was held 2002 WWSA meets on an aff Liaison Appointment Matrix -page 9 low Council/5t low 4/22/03 -.ai£'•- ti S as . `.~'ien4-. i r ':.;..a'!. .it' - 4i~>, ~ '5.;. 1•a - s r;..>„a4' :"l:.: ~ ' 4 - 3 ih~ - r - rl. f'hr tT$ w r A a i { d _ ~-yr $r z' a ~'M~ ~ tr as yr s>i :y - ~ r.1G. ~ t t t Sr ~ . x .5tnff X.fY. ,.R0'.'`esentatlA 1.;, E J t ~ , ,t~l,: R l.2t.. K = M Festival of Balloons Moore, Deveny, Planning Committee Wegner, Wheat ey This is a planning and coordination group for the Balloon Festival held in June. For meetings of the Committee, staff checks for availability of Committee members and schedules. Periodic meetings scheduled January - June with one follow-up meeting post-balloon festival. Subcommittee meetings of the Balloon Festival (public safety, logistics, entertainment) are held as needed and report progress to the overall planning group. Mayor Griffith's Griffith Meeting of City and County Elected Officials (Informal) Elected officials from other jurisdictions meet with Mayor Griffith. Members set agenda for topics of mutual interest. This group meets on the third Friday of each month, 7 a.m., in the Red Rock Creek Conference Room. Metro - Various Meetings as we are notified Council/Staff Liaison Appointment Matrix - Page 10 • 4/22/03 d 1'JT YL~_ Ii R .'S.+• d I rMt { _q `i y tl'M e ~!1 'S Yl Ji ~1 F- S N.1 y atrt r ii • . a Phlm UIf ar' q W? At {6IS"6#Af .3 z Ch r x G. Xi~laY ,7'K 1r t i 1 t7ry' Itc fi neae,. ~Stnff)q~:: Re resents#ive, ? Y L'.', - ..i '~F= r:- , ,::=fi Tualatin Basin Griffith Hendryx Natural Resource Coordinating Committee (Goal 5) This Committee is responsible for providing policy direction for the completion of Metro's regional Goal 5 program. The county and cities within the county are developing a common approach to Metro's Goal 5 program. Representatives include elected officials from the county and cities. The TBNRC meets the second Monday of the month, 1 p.m., at the Beaverton Library. Tualatin River Moore Roberts National Wildlife Refuge - Visitor's Center Fundraising -Campaign This group was formed to assist in fundraising efforts to capture federal funding in 2003 to build a visitor's center. The focus of the Task Force was on providing the required 50% match for the project by focusing on soliciting corporate donations. This group has not been active since its initial meeting. Council/Staff Liaison Appointment Matrix - Page 11 4/22/03 _ 5... i--..✓:N.:',;! t: s6.. . _ :r r ~Z. a } ~~,Y. ry, - - rs~~! ~ i J..Iy .1 x ~ . , . r "Coi n`iee"Nnme"`, Prfniary~Councildrt uIernat~?.nf<fv si or g? y~y ~FCS'a~ 5,5'f Y ,t 3x.~eyry tk , .'~t'*~.2 . 2 v.'`JL'++c t '`r' w t# - .v 3`jt rh C f £f > s' . 4- tc, ` r sr% f 6 pj E f. y'r.-3F 5' u.t r c ~.)w. s- 1r.4._~r•' "bay Staftf,)x"n}.... r~12e resehatrve, Westside Economic Wilson Sherwood Alliance The Westside Economic Alliance is focused on the needs of the Westside of the Portland, Oregon metropolitan region, including Washington County and the cities of Beaverton, Cornelius, Durham, Forest Grove, Hillsboro, King City, North Plains, Sherwood, Tigard, Tualatin and Wilsonville. The Alliance's primary purpose is to create an environment conducive to business growth. Acting as the voice for members on issues uniquely affecting the Westside, the Alliance strives to promote and enhance the image and visibility of the area as an economic development locale. The Westside Economic Alliance is a proactive organization working to' confront and influence decisions on policies and regulations impacting the economic vitality of the area. Breakfast forum meetings are usually held on the 3'd Thursday of the month at 7:30 a.m. The meeting locations vary within Washington County. t ):1ADKCATH'ACOUNCILIAPPTMATRIX%PPTMATR WITH DESCRIPTION.DOC Council/Staff Liaison Appointment Matrix - Paige 12 i! c ~Iry. Iri• ~Iry. Pr_ TAI -a ~.i. ~jijfq, 7,•< fiiiilill4i ~iff aUa t '.~o.•fl~~'4'~j1 f ra rr~ iu,lah y ~T~, e • " • , Agenda Item No. o i Meeting of 4 22 Q3 a, PROCLAMATION ir Arbor Day April 22, 2003 ! WHEREAS, in 1872, Arbor Day, a special day set aside for the planting of trees, was first : '~~li1~l~' r celebrated in Nebraska; and WHEREAS, Tigard's urban forest of public and private parks and greenways is part of a larger ecology that spans from mountains to ocean and is integral to our region's water quality; and WHEREAS, our urban forest includes a diversity of trees that grace our city streets, parks and greenways, provide habitat for wildlife, soften hardscapes, clean the air, protect water resources, and ensure that everyone can experience natural beauty where we live, work and recreate; and k i rr WHEREAS, the City of Tigard recognizes that our urban forest is a necessity and is an integral part of the city's infrastructure and ecosystems; and •~'K a ` ~~a~lj 11~~w)i~ ` WHEREAS, we are committed to provide resources to maintain and enhance the urban forest; and F WHEREAS, people of all ages and backgrounds, including citizens, civic organizations, businesses and city agencies, have formed partnerships to participate actively in the stewardship and i~Ct• ' ~ caretaking of Tigard's urban forest; and Kj f NOW, THEREFORE BE IT RESOLVED THAT I, JAMES GRIFFITH, Mayor of the City of '7NI[r4 . Tigard, Oregon, do hereby proclaim April 22, 2003 to be: .4i;+tt ARBOR DAY ' In Tigard and encourage ~'?t^s: tt people throughout the entire city to become more involved with the _ r planting and stewardship of the urban forest throughout the year of 2003. ~t~1,at I Dated this day of 2003.;• IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of 'ulj!j~a° Tigard to be affixed. James E. Griffith, Mayor City of Tigard &AAA r? Attest: 3:'! City Recorder da ~ 3 Hd~` M ~ . ro _ n Hum - i r , 1~. ~ s rk~ u : 1n' J~, sy lU'•: Y ME 4 >l rh U 1 lift"may iiii any !u `'3F ii tt `r4 iiigryh~{ ,~~.,i 37, t 7s .JSS ~ r i` T IM 0 S .t~ rf 1 ~1 a1.a'•-~ fiy rr~y PROCLAMATION -p3 i Arbor Day April 22, 2003 ,.R11tit.'Y, f~c ` WHEREAS, in 102, Arbor Day, a special day set aside for the planting of trees, was first celebrated In Nebraska; and WHEREAS, Tigard's urban forest of public and private parks and greenways is part of a larger p ecology that spans from mountains to ocean and is integral to our region's water quality; and ii• rlliN,i.;~ WHEREAS, our urban forest includes a diversity of trees that grace our city streets, parks and greenways, provide habitat for wildlife, soften hardscapes, clean the air, protect water resources, ; timltI and ensure that everyone can experience natural beauty where we live, work and recreate; and WHEREAS, the City of Tigard recognizes that our urban forest is a necessity and is an integral rW~ti part of the city's infrastructure and ecosystems; and WHEREAS, we are committed to provide resources to maintain and enhance the urban forest, 3•• and 1 WHEREAS, people of all ages and backgrounds, including citizens, civic organizations, businesses and city agencies, have formed partnerships to participate actively in the stewardship and j caretaking of Tigard's urban forest; and k9~pA NOW, THEREFORE BE IT RESOLVED THAT I, CRAIG DIRKSEN, Council President of the jE City of Tigard, Oregon, do hereby proclaim April 22, 2003 to be: 4 ARBOR DAY rry.._ ;~1r r';"•µ°•`~Y in Tigard and encourage people throughout the entire city to become more involved with the planting and stewardship of the urban forest throughout the year of 2003. Dated this Q2= day of L 2003. 3 ~ipw.o.,,,ury IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of »59911tfl ay`~ifis: Tigard to be affixed. ~ - Craig Dirksen, Council President City of Tigard _ Attest: t City Recorder ~ H E~ 1. Ne r'' of ~ -fV ~ . uP`. . , y ~f\~ i:; s r s.; ~~;:~~j~` tF ,~s/,1~,,. ~j 3~ ~3x K.,. (,.~~dj~~ 'c'" 'C ",tt~t7C~i ~3~jf,~i~ 6.I~iF'~e~t,7~~~~f~W~ljitt1 y~~ ~~.,Jt~~`~Zkt~, '",<< A' AGENDA ITEM NO. 3 - VISITOR'S AGENDA DATE : APRIL 22, 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 /V1~ 13 4 z o S, t~ . ~r e r t a~S~ y ~Y. t q a rd. p t~ q 't x.. 25-► -J 570 3 VISITOR'S AGENDA Page 1 AGENDA ITEM # 4 2 FOR AGENDA OF April 222 03 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Receive and File: Council Goal Update PREPARED BY: Greer Gaston DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE COUNCIL Update on the progress of the Council goals for the first quarter of 2003. STAFF RECOMMENDATION Receive and file the update. INFORMATION SUMMARY Attached are brief summaries of the progress made in the first quarter of 2003 on the goals adopted by the Council on January 28, 2003. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Visioning goals are identified throughout the goals and tasks developed by the City Council. FISCAL NOTES N/A hA MPACKET'03\20030422MAL UPDATE AIS.DOC 2003 Tigard City Council Goals - First Quarter Update GOAL 1- FINANCIAL STRATEGY GOAL 2-TIGARD CENTRAL BUSINESS DIS'T'RICT GOAL 3 -TRANSPORTATION GOAL 4-PARKS AND RECREATION GOAL 5- WATER GOAL 6-GROWTH MANAGEMENT GOAL 7- COMMUNICATION y ~7 2003 719ard City Council Goals - First Quarter Update 2 GOAL 1: FINANCIAL S'T'RATEGY A. Develop a sustainable long-term financial plan or strategy for issues such as: 1. General Fund needs 2. Library 3. Transportation 4. Parks and open space 5. Washington Square Regional Center 6. Central Business District 7. Water System B. Explore the creation of an economic development program. First Quarter Update Prepared by: Craig Prosser, Finance Director Staff presented Council a list of potential upcoming financial issues and opportunities in a workshop session. This list encompassed all of the items identified in the Council goal. Council organized this list into "Major" and "Other" categories and then identified three top priorities for each category. Council's work has been included in a Strategic Finance Plan report, which will be presented to Council on April 8 for adoption. 2003 Tigard City Council Goals - First Quarter Update 3 GOAL 2: TIGARD CENTRAL BUSINESS DISTRICT A. Create a common vision for the Central Business District and build the energy to implement that vision through the Downtown Task Force. B. Support the activities of the Downtown Task Force as they provide input to the design of the Tigard commuter rail station and the zoning and development plan standards for the Central Business District. First Quarter Update Prepared by. Jim Hendryx, Community Development Director Members of the Downtown Task Force met with Council on March 25th and submitted their recommendation for design elements for the Downtown Tigard Commuter Rail Station. Council approved the recommendation. 2003 Ai~, Tigard City Council Goals - First Quarter Update 4 GOAL 3: TRANSPORTATION A. Aggressively pursue solutions to congestion of state, county and city facilities that cross through Tigard. 1. Reforming the Transportation Financing Task Force. 2. Identify project priorities and funding needs for state and city facilities. B. Continue working with Tri-Met to identify and fund additional intra- city bus routes. C. Right-of-way management. First Quarter Update Prepared by: Gus Duenas, City Engineer Jim Hendryx, Community Development Director Goal 3A - Aggressively pursue solutions to congestion of state, county and city facilities that cross through Tigard The Gaarde Street Improvements Phase 2 construction project is now underway and should be completed by fall of 2004. The engineering designs for Walnut Street (Tiedeman Avenue to 12191 Avenue) and 121st Avenue (Gaarde Street to Walnut Street) are nearing completion. Partial rights-of-way acquisition for each project has started and will be ongoing during the next fiscal year. Completion of the Gaarde Street construction should provide an improved east-west connector from Highway 99W to Barrows Road. Completion of the project designs on the two street projects ensures that at least two projects are ready for construction should funding opportunities arise. Z The initial report on the Proposed Wall Street Local Improvement District (LID) was presented to City Council on March 11, 2003. Council gave direction a to complete the Preliminary Engineer's Report and submit it to Council for review upon completion. The intersection of Hall Boulevard and Wall Street and approaches will be constructed as a City project with contributions from ~ a the New Library Project and the Fanno Pointe Subdivision to supplement TIF (Traffic Impact Fee) funds on the project. The Metro Priorities 2004-07 funding process has been soliciting projects from various jurisdictions. This is federal funding that is allocated to cities and counties through the Metropolitan Transportation Improvement Program 2003 Tigard City Council Goals - First Quarter Update 5 (MTIP). The City submitted three projects for funding consideration. One of the submittals is for construction funding to widen Greenburg Road from Washington Square Drive to Tiedeman Avenue. That project has already been approved for preliminary engineering and rights-of-way acquisition. The other projects are a pedestrian trail through the greenbelt in the Washington Square Regional Center and pedestrian improvements in the Tigard Town Center in conjunction with the commuter rail project. All three projects are still under consideration for funding on the 150% list revealed by Metro in late March 2003. Goal 3A1- Reforming the Transportation Financing Task Force The Task Force will be reconstituted to drop some members and add new members to continue to explore alternative sources of funding for major street improvements. A suggestion has been made that members of the business community should be represented. The changes in the Task Force will be pursued in may and June of 2003. Goal 3B - Continue working with Tri-Met to identify and fund additional intra- city bus routes The Engineering Department worked with the Community Development Department in providing information for preparation of the Transit Action Plan to establish infra-city transit service and to enhance service on existing routes. Council adopted local service transit plan in December 2002. In January 2003, plan was forwarded to Tri-Met board along with a letter from the Mayor. A meeting was held with Tri-Met on January 16, 2003, regarding their transit investment plan. Goal 3C - Right-of-way management The Engineering Department provided input into the right-of-way management study that is currently underway. The study is undertaken to determine the true costs of managing the existing rights-of-way. Of special concern is the long-term i damage done to the roadway structural section by utility cuts. The results of the study should provide the basis for establishing appropriate fees for work i performed within the rights-of-way. 2003 Ai~ I1gard City Council Goals . First Quarter Update 6 GOAL 4: PARKS AND RECREA'T'ION A. Continue the efforts of the Youth Forum. B. Complete or update parks master plans for city facilities. C. Explore the creation of a Park and Recreation Advisory Board. First Quarter Update Prepared by: Dan Plaza, Parks Manager Liz Newton, Assistant to the City Manager Goal 4A - Continue the efforts of the Youth Forum The Mayor's Youth Forum continues to meet monthly. The group is currently focused on forming a Youth Advisory Council. This Youth Council would work with the Youth Forum and other community members to build developmental assets for each child in Tigard through programs and activities designed for and by youth. Applications for the Youth Advisory Council are being accepted until April 16 from youth in grades 5-12. Home school groups, private schools, public schools, and church youth groups have all been contacted for representatives. The Youth Forum is also supporting the efforts of the Skate Park Committee. Goal 4B - Complete or update parks master plans for city facilities Cook Park Phase II, a major development project partially funded by SDC Funds, a grant, and a low cost State loan has been completed. Cook Park Phase II consisted of the addition of a new picnic shelter, playground, two restroom facilities, concession facility, parks maintenance building, additional parking, landscaping and infrastructure. Woodard Park development projects include the installation of two playgrounds and a picnic shelter (partially funded by a grant). The playgrounds have been installed and the picnic shelter will be installed later this spring. Potso Dog Park was completed and opened to the public on June 20, 2002. 2003 Tigard City Council Goals - First Quarter Update 7 Master Plans for Summerlake Park, Bonita Park and a Skate Park Design were approved by the City Council. An off-leash dog area at Summerlake Park is scheduled to be opened to the public this spring. A $165,000 federal grant was received to complete Bonita Park. It will be completed in late summer or early fall. Special features for this neighborhood park consist of an open space play area, bathrooms, picnic shelter, basketball courts, hard and soft paths, landscaping, and a playground. A $50,000 grant was received to acquire and develop additional Fanno Creek Park Trail property from Grant Street to Main Street. Fanno Creek Park Extension Master Plan will be completed by June 30, 2003. Goal 4C - Explore the creation of a Park and Recreation Advisory Board The Council will consider amending the Tigard Municipal Code section 2.12 to update the structure of the Park and Recreation Advisory Board. Appointment of Board members should occur this year. a i i i 2003 Tigard City Council Goals - First Quarter Update 8 GOAL 5: WATER A. Continue to evaluate options for a long-term water supply. First Quarter Update Prepared by: Dennis Koellermeier, Assistant Public Works Director Ed Wegner, Public Works Director Progress on this goal has been substantial this quarter, and we have both positive and negative news to report. In the case of Tigard's potential of obtaining an ownership position in the Bull Run system, the news is ownership options in the immediate future have been withdrawn by the City of Portland. Tigard, along with the other suburban wholesalers will now refocus efforts to negotiate mutually agreeable wholesale contracts with Portland. Tigard may have the opportunity to become a co-owner in future capital projects in the Bull Run system, but buy-in to the existing system has been removed from the discussion by Portland. The news is more promising in our discussions with the joint Water Commission. The Commission has directed their staff to negotiate with Tigard to become a member of the joint Water Commission. Our initial ownership position would be for approximately 4 million gallons per day. The timeline of the negotiations should allow the City of Tigard to know the cost and conditions of the offer during the 2nd quarter. We also now know that our potential decision to join the joint Water Commission may now become contingent on our willingness to accept L fluoridated water. If the City of Beaverton moves ahead with fluoridation, the water we receive from the joint Water Commission will pass through the Beaverton system and be fluoridated. 1 :i 2003 'Tigard City Council Goals - First Quarter Update 9 GOAD, 6: GROWTH MANAGEMENT A. Continue to evaluate Tigard's role in the provision of urban services outside the city limits. First Quarter Update Prepared by: Jim Hendryx, Community Development Director On March 18, staff met with Council to present several alternatives to address Urban Growth Expansion issues, including preparation of a concept plan and relationship to the overall Bull Mountain planning effort. In April, staff is scheduled to discuss UGB issues with Washington County. 4~, 2003 Tigard City Council Goals - First Quarter Update 10 GOAL 7: COMMUNICATION A. Increase Tigard's communication with other elected bodies through active participation of City Council members and staff. B. Improve and expand communication with citizens, particularly communicating successes and future concerns. First Quarter Update Prepared by: Liz Newton, Assistant to the City Manager Goal 7A - Increase Tigard"s communication with other elected bodies through active participation of City Council members and staff The City Council has held regular meeting with the Tigard-Tualatin School District, TVF&R, and its State Representative and State Senator. In addition the Tigard High School Envoy attends the first council meeting of each month to present information about activities and programs at the high school. In July, the Council will also schedule meetings with Washington County, Clean Water Services, and PCC. Goal 7B - Improve and expand communication with citizens, particularly communicating successes and future concerns A new cable program began airing in Tigard in February. "Focus on Tigard" is designed as informational programming in current issues and is produced and airs monthly. The February Focus was on long-term water. In March, the Focus was on the CL commuter rail and downtown planning. April's Focus was on code enforcement and the new citation process. n The taped-to-air format allows staff more flexibility in format and media. _J 0 'g The City continues to add new features to the web page. In addition, over the r last three months, all city departments have done extensive reviews of the information they post on the web to determine if more or different information should be included and to ensure information posted is current. Visits to the web site have increased since October from 27,210 to 30,703 per month. L2003 Tigard City Council Goals - First Quarter Update 1 1 The department communicators are reviewing the City's communication plan to update the guidelines for use of communication tools and emphasize the importance of communication plan for all proposed projects and programs. Communication plans allow staff to be proactive in getting out information by considering how, when and to whom. I;\ADM\CITY COUNCIL\GOALS\2003\2003 TIGARD CITY COUNCIL GOALS Q-1 UPDATE.DOC 1 ' I I I I City Council Document Transmittal CITY OF TIGARD To: / / ! Ai L?-y" L l ~s~~' /1I Ec OREGON From: 6- Date: 2 3 -6~~ I'm sending you: Document Type: ❑ IGA ❑ Contract XOther 6F-e-L~jb AMe-fubI4e f Document Name: fi t B u Ll Bk A-P q %5E2v1 eci;p //rvkGG114 ekJ-]-- Approved at the Council Meeting of: Number Copies Included: Z ,eyour document(s) have been signed by theA4apar &UAhl1 L- f kE3 i-bE/V' ❑ Your document(s) have been signed by the City Manager Your document(s) requires an additional signature(s) ,When all signatures have been obtained, file an original document with City of Tigard Records ❑ Additional instructions: 1.\ADMICITY COUNCIL%CITY COUNCIL DOCUMENT TRANSMITTAL.DOC SECOND AMENDMENT TO THE PUBLIC LIBRARY SERVICES AGREEMENT This amends the Agreement dated June 15, 1999 and Amendment dated June 25, 2002 between Washington County, on behalf of the Cooperative Library Services, and the cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard and Tualatin and the Cedar Mill Community Library Association and the Garden Home Community Library Association as follows: Replace Section 2, TERM OF AGREEMENT as follows. Delete existing paragraph and insert: This Agreement shall be in effect from July 1, 1999 through June 30, 2004, except as otherwise provided in Section 11 of this Agreement. It is the intent of the parties that the amendments made by this Second Amendment shall become effective July 1, 2003. Amend Section 3, FUNDS as follows. Delete existing paragraph and insert: As compensation to Contractor for the services to be provided pursuant to this Agreement, WCCLS agrees to make payments to Contractor according to Exhibit A for the one-year term on July 1, 2003 through June 30, 2004 and the Payment Schedule set forth in Section 6. Add the following to Section 4, FUNDING FORMULA, Paragraph B: FY03-04 $ 9,740,000 Amend Section 4, FUNDING FORMULA, Paragraph C as follows. Delete existing paragraph C and sub-paragraphs Cl through C4 and insert: C. Reimbursement Contractors will be reimbursed from the fund described in Section 4.13 based on Reimbursable Circulation, Volumes Added, Collection Expenditures, Full Service Facilty Weekly Open Hours, Internet Public Access Technology, Adult/Youth Program Attendance, Service Population, and Reference Transactions. 1. Reimbursable Circulation 70% of the total funds in Section 4.13 will be allocated for reimbursement using the reimbursable circulation transactions identified in Exhibit A, "Reimbursement Formula" to calculate the amount owed each i Contractor and West Slope Community Library in this Section. Circulation will include only materials loaned to Qualified Borrowers and will be adjusted for net s lending or borrowing on in-county interlibrary loans before reimbursement rates are applied. 2. Volumes Added 5% of the total funds in Section 4.13 will be allocated for reimbursement for volumes added to collections as calculated by WCCLS and as identified in Exhibit A, "Reimbursement Formula" to calculate the amount owed each Contractor and West Slope Community Library in this Section. 3. Collection Expenditures 5% of the total funds in Section 4.B will be allocated for reimbursement for collection expenditures as reported in the Oregon State Library Statistical Report question #4.10 for FY01-02 and as identified in Exhibit A, "Reimbursement Formula" to calculate the amount owed each Contractor and West Slope Community Library in this Section. 4. Full Service Weekly Hours Open 5% of the total funds in Section 43 will be allocated for reimbursement for the number of open hours per week for each full service library facility as reported in the Oregon State Library Statistical Report question #6.22 for FY01-02 and as identified in Exhibit A, "Reimbursement Formula" to calculate the amount owed each Contractor and West Slope Community Library in this Section. 5. Internet Public Access Technology 5% of the total funds in Section 4.B will be allocated for reimbursement for the number of Internet Public Access workstations as reported in the Oregon State Library Statistical Report question #8.7 for FY01-02 and as identified in Exhibit A, "Reimbursement Formula" to calculate the amount owed each Contractor and West Slope Community Library in this Section. 6. Adult/Youth Program Attendance 2.5% of the total funds in Section 4.B will be allocated for reimbursement for the total attendance at both youth and adult library programs as reported in the Oregon State Library Statistical Report questions #631 and #6.33 for FY01-02 and as identified in Exhibit A, "Reimbursement Formula" to calculate the amount owed each Contractor and West Slope Community Library in this Section. 7. Service Population 5% of the total funds in Section 4.B will be allocated for reimbursement for the library service population as calculated by WCCLS and as identified in Exhibit A, "Reimbursement Formula" to calculate the amount owed each Contractor and West Slope Community Library in this Section. 8. Reference Transactions 2.5% of the total funds in Section 4.B will be allocated for reimbursement for reference transactions as reported in the Oregon State Library Statistical Report question #6.29 for FY01-02 and as identified in Exhibit A, "Reimbursement Formula" to calculate the amount owed each Contractor and West Slope Community Library in this Section. Delete Section 4, FUNDING FORMULA, Paragraph D: Cultural and Arts Programming. Amend Section 6, PAYMENT SCHEDULE, Paragraph A as follows. Delete existing language prior to the colon, and insert: A. WCCLS agrees to make payments to Contractors which are cities as follows: i In performing the above, it is understood and agreed that all other terms and conditions of the original Agreement of July 14, 1999 and first Amendment of June 25, 2002 are still in effect. FOR WASHINGTON COUNTY: FOR THE CONTRACTOR: /,/<:~2 i~~z Name N/a~me O ( Title Title z4 a Q •y3 Date Date Approved as to form: County Counsel L a 3 WAallMTON CMFY =ve Ubnru Scr*zs Formula Welghtin •Factoran at'Area Exhibit A - Public Library Services Agreement Reimbursable Circulation .70:0% Reimbursement Formula Volumes Added Collection Expenditures Full Service Facility Weekly Hrs Open 5.0% Internet Public Access Technology .5.0% Adult/Youth Program Attendance 2:5% Service Population 5:0% Reference Transactions 2.5% Enhanced Payments Comparison of 03.04 to 02-03 One-time Comparison after adjustment Formula Received to Increase decrease Adjustment Increase decrease Libra 2003.04 2002-03 $ % for 03-W $ % Banks $ 90,891 73735 $ 17,156 23.27% $ 73,735 $ - 0.00% Beaverton 2,625,958 2,948;570 322,612 -10.94% 2,625,958 322,612 -10.94% Cedar Mill 1,474,289 1,658,166 183,877 -11.09% 1,474,289 183,877 -11.09% Comelius 111,951 99;982 11,969 11.97% 99,982 0.00% Forest Grove 421,555 44005 28,350 -6.30% 421,555 28,350 -6.30% Garden Home 227,735 206;311 21,424 10.38% 206,311 0.00% Hillsboro 2,475,548 2188T 366 411,818 -14.26% 2,558,955 328,411 -11.37% Sherwood 305,035 318,211 13,176 -4.14% 305,035 13,176 -4.14% Tigard 1092,520 1,237;470 144,950 -11.71% 1,092,520 144,950 -11.71% Tualatin 607,730 674,872 32,858 5.72% 574,872 - 0.00% West Slope" 306 788 376782 (69,994) -18.58% 306 788 69 994 -18.58% Totals $ 9,740,000 $ :10,831;370 $ 1,091,370) -10.08% $ 9,740,000 $ 1,091,370) 10.08% Allocation Available: 9;7401000, • Per CLAB, on December 4, 2002, a one-year adjustment, for the 2003-04 fiscal, will be made whereby no library will receive more than received in the 2002-03 fiscal year. Any amount allocated to a library through the Enhanced Formula that exceeds that librarys 2002-03 payment Will be used to reduce the City of Hillsboro loss. "West Slope expects to receive afire insurance adjustment to offset lost circulation revenue. 4/2I2003PLSA exhibit A 03.04 Allocation of Performance Indicators Full serv Facility Internet Public Adult/Youth Total Reimbursable Volumes Collection Wkly Hours Access Program Service Area Reference Enhanced Libra Circulation Added Expenditures Open Technology Attendance Population Transactions Services Weight - % 70.0% 5.0% 5.0% 5.0% 5.0% 2.5% 5.0% 2.5% 100.0% $ to Allocate $ 6,818,000 $ 487,000 $ 487,000 $ 487,0001$ 487,000 $ 243,500 $ 487,000 $ 243,500,$ 9,740,000 Banks $ 37, 229 $ 8,929 $ 2,771 $ 24,868 $ 7,379 $ 3,208 $ 5,083 $ 1,425 $ 90,891 Beaverton 1,839,943 127,390 165,266 49,045 213,965 63,925 115,011 51,393 2,625,958 Cedar Mill 1,127,151 63,553 56,086 42,828 56,571 54,425 49,028 24,646 1,474 289 Cornelius 42,424 5,330 3,366 31,776 9,838 4,745 12,184 2,288 111,951 Forest Grove 266,268 28,331 23,039 42,828 14 758 10,223 27,378 8,730 421,555 Garden Home 158,055 9,120 7,048 35,230 2,460 6,289 6,242 • 3,292 227,735 ' Hillsboro 1,781,987 121,728 118,282 88,420 100,843 31,304 154,032 78,952 2,475,548 Sherwood 203,085 14,408 12,176 41,447 4,919 7,963 17,2W 3,820 305,035 ' Tigard 765,315 54,810 58,907 47,664 31,975 31,535_ 64,829 37,485 1,092,520 Tualatin 396,174 35,045 30,112 44,901 36,894 21,526 24,414 18,663 607,730 West Sloe 200,371 18,357 9,947 37,993, 7 379 8,356 11,582 12,804 306,788 TOTAL $ 6,818,000 $ 487,000 $ 487,000 $ 487,000 $ 487,000 $ 243,500 $ 487,000 $ 243,500 $ 9,740,000 i Audit Check $ 6,818,000 $ 487,000 $ 487,000 $ 487,000 $ 487,000 $ 243,500 $ 487,000 $ 243,500 $ 9,740,000 Audit Check Error - - - - - - - - I Amount per Value $ 1.08 $ 2.99 $ 0.25 $ 690.78 $ 2,459.60 $ 2.31 $ 1.07 $ 0.09 i A B C D1 E F G Source: WCCLS WCCLS OSL Part 4 OSL Part 6 OSL Part 8 OSL Part 6 WCK CLS OSL Part 6 #4.10 #6.22 #8.7 #6.31, #6.33 #6.29 To calculate FY 03-04 payment: Full service Adjusted Facility Internet Public Adult/Youth Reimbursable Vols Collection Wkly Hours Access Program Service Area Reference Circulation Added Expenditures Open Technology Attendance Population Transactions Libra 2002 FY01-02 FY01-02 FY01-02 FY01-02 FY01-02 FY01-02 FY01-02 Banks 34,539 2,987 11,017 36 3 1,388 4,757 1,976 Beaverton 1,707,016 42,617 657,147 71 87 27,656 107,643 71,246 Cedar Mill 1,045, 20 21,261 223,016 62 23 23,546 45,887 34,167 Comelius 39,359 1,783 13,385 46 4 2,053 11,403 3,172 Forest Grove 247,031 9,478 91,608 62 6 4,423 25,624 12,103 Garden Home 146,636 3,051 28,024 51 1 2,721 5,842 4,564 Hillsboro 1,653,247 40,723 470,323 128 41 13,543 144164 109,451 Sherwood 188,413 4,820 48,415, 60 2 3,445 16,114 5,296 Tigard 710,025 18,336 234 233 69 13 13,643 60,676 51,966 Tualatin 367,552 11,724 119,736 65 15 9,313 22,850 25,873 9 552 55 3 3 615 10,840 17,750 West Sloe 185 895 1 6,141 39,552T- TOTALS 6,325,4331 162,921 1,936,456 705 198 105,346 455,800 337,564 AGENDA ITEM # 4.3 FOR AGENDA OF Apri122, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amendment to the WCCLS Public Library Service Agreement PREPARED BY: Margaret Barnes DEPT HEAD OK z~~ CITY MGR OK 1,6_ ISSUE BEFORE THE COUNCIL Washington County has issued an amendment to the existing WCCLS Public Library Services Agreement. STAFF RECOMMENDATION Approve the second amendment to the WCCLS Public Library Services Agreement. INFORMATION SUMMARY On behalf of Washington County Cooperative Library Services (WCCLS), Washington County has issued an amendment to extend the existing Public Library Services Agreement. The Agreement will be in effect for July 1, 2003 through June 30, 2004 and covers the budget allocation that the City of Tigard receives from WCCLS for library services. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None. ATTACHMENT LIST L A. Second Amendment to the Public Library Services Agreement. FISCAL NOTES 1 The City of Tigard will receive $1,092,520 for FY 2003/2004 according to the attached reimbursement formula 1 that amounts to a 11.7% decrease, or $144,950 less than the FY 2002/2003 amount. I:\Lib\City Council Agenda Summaries\AGENDA ITEM SUMMARY SHEET-April 22, 2003a.doc r SECOND AMENDMENT TO THE PUBLIC LIBRARY SERVICES AGREEMENT This amends the Agreement dated June 15, 1999 and Amendment dated June 25, 2002 between Washington County, on behalf of the Cooperative Library Services, and the cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard and Tualatin and the Cedar Mill Community Library Association and the Garden Home Community Library Association as follows: Replace Section 2, TERM OF AGREEMENT as follows. Delete existing paragraph and insert: This Agreement shall be in effect from July 1, 1999 through June 30, 2004, except as otherwise provided in Section 11 of this Agreement. It is the intent of the parties that the amendments made by this SecondAmendment shall become effective July 1, 2003. Amend Section 3, FUNDS as follows. Delete existing paragraph and insert: As compensation to Contractor for the services to be provided pursuant to this Agreement, WCCLS agrees to make payments to Contractor according to Exhibit A for the one-year term on July 1, 2003 through June 30, 2004 and the Payment Schedule set forth in Section 6. Add the following to Section 4, FUNDING FORMULA, Paragraph B: FY03-04 $ 9,740,000' Amend Section 4, FUNDING FORMULA, Paragraph C as follows. Delete existing paragraph.C and sub-paragraphs CI through C4 and insert: C. Reimbursement Contractors will be reimbursed from the fund described in Section 4.B based on Reimbursable Circulation; Volumes Added, Collection Expenditures; Full .Service Facilty Weekly Open Hours,-- Public Access Technology, Adult/Youth Program Attendance, Service Population, and Reference Transactions. 1. Reimbursable Circulation 70% of the total funds in Section 4.13 will be allocated for reimbursement using the reimbursable circulation transactions identified. in Exhibit A, "Reimbursement Formula!', to_calculate the-amount owed each _ Contractor and West Slope Community Library in this Section. Circulation-will include only materials loaned to Qualified Borrowers and win be adjusted for net lending or borrowing on in-county interlibrary loans before reimbursement rates are applied. 2. Volumes Added 5% of the total funds in Section 4.B will be allocated for reimbursement for volumes added to collections as calculated by WCCLS and as identified in Exhibit A, "Reimbursement Formula" to calculate the amount owed each Contractor and West Slope Community Library in this Section. 3.. Collection Expenditures 5% of the total funds in Section 4.B will be allocated for reimbursement for collection expenditures as reported in the Oregon State Library Statistical Report question #4.10 for FY01-02 and as identified in Exhibit A, "Reimbursement Formula" to calculate the amount owed each Contractor and West Slope Community Library in this Section. 4. Full Service Weekly Hours Open 5% of the total funds in Section 43 will be allocated for reimbursement for the number of open hours per week for each full service library facility as reported in the Oregon State Library Statistical Report question #6.22 for FY01-02 and as identified in Exhibit A, "Reimbursement Formula" to calculate the amount owed each Contractor and West Slope Community Library in this Section. 5. Internet Public Access Technology 5% of the total funds in Section 43 will be allocated for reimbursement for the number of Internet Public Access workstations as reported in the Oregon State Library Statistical Report question #8.7 for FY01-02 and as identified in Exhibit A, "Reimbursement Formula" to calculate the amount owed. each Contractor and West Slope Community Library in this Section. 6. Adult/Youth Program Attendance-2.5% of the total fluids in Section 43 will be allocated for reimbursement for the total attendance at both youth and adult library programs as reported in the Oregon State Library Statistical Report questions #6.31 and #6.33 for FY01-02 and as identified in Exhibit A, "Reimbursement Formula' to calculate: the amount owed each Contractor and West Slope Community Library in. this Section- 7. Service Population 5% of the total fimds in Section 43 will be allocated for reimbursement. for the library service population as calculated. by WCCLS and as identified in Exhibit A, "Reimbursement Formula" to calculate the amount owed each Contractor and West Slope Community Library in this Section. 8. Reference Transactions. 2.5%. of the total funds. in Section 43 will be allocated for reimbursement for reference transactions as reported in the Oregon State Library Statistical Report question #6.29 for FY01-02 and as identified in Exhibit A, "Reimbursement Formula" to calculate the amount owed each Contractor and West Slope Community Library in this Section- Delete Section. 4,. FUNDING . FORIMMA, Paragraph D: Cultural and Arts Prog-raauning. Amend Section 6, PAYMENT SCHEDULE, Paragraph A as follows. Delete existing language prior to the colon, and insert: A. WCCLS agrees to make payments to Contractors which are cities as follows: i i In performing the above, it is understood and agreed that all other terms and conditions of the original Agreement of July 14, 1999 and first Amendment of June 25, 2002 are still in effect. FOR WASHINGTON COUNTY: FOR THE CONTRACTOR: 0--- Name Nam CbU Y1 G I c esid.e►-1-I- Title Title 4-1•aa•v3 Date Date Approved as to form: County Counsel • IrAaHnuatroatav~vtt' ld Wbrar €rvic Forrnula:Vltel thin Facrppl[J`iitA `v ExhlbltA-pyblicUbr4rygervicesAgreement Reimbursable Circulation ° RQlrribursem@nf Fotmul8 Volumes Added ; Collection ExiYanditures Full Service Facfll WeeklHrs 0 en Internet Pub11c Access Technology Adult/Youth Proram Attendance ;2.-- Service Population p$~ Reference Transactions . Enhanced Payrpants comparison of 03-04 to 02-03 Ong'-tlrpe mr d ustment ortnlrla R@cgfXed`fn IncreasAd u Libra zoo3-0a ,.dnt ase 2At1$*p3 4! Banks S 90,891 17158 73,735 o ° Beaverton 2 625 958' 322 612 -10.94% 2 625 958 322 612 0.00 /o Cedar Mill 1474 289 -10.94% fa ` ___1183,87I 09% 1 474 289 163 877 -11.09% Cornelius 111,951 :4;. 982 11,969 11.87% 99882 Forest Grove - 0.00% 421"555 5 (28,350) $,30% 421,555 28 350 -6.30% Garden Nome 227735 1'- 21424 10.38% 206,311 Hillsboro 2 475 548 2.8 411 818 -14.28% 2 558 955 328 411 -10.37% Sherwood 305035 1:-V 13178 -4,14% 305-03-5- 13176 -4.14% and 1082 520 1'' Z0 144 950 -11.71 % 1092 520 ___U44,950 -11.71% Tualatin 607,730 " 4 gq2° 32 858 5.72% 574.872 West Slope" 306.788 0.00% ' 37 782: 69 994 -18.58% 306,788 69 994 -18.58% Totals $ 9,740,000 ;(i;'t0 8'3•. ;3 0 , § 1,091,37911 -10.080% 1 9,740,000 $ 1,091,370) -10.08% Allocation AvallBplq: • Per CLAB, on December 4, 2002, a one-year adjustment, for the 2003-04 fiscal, will be made whereby no library will receive more than received in the 2002-03 fiscal year. Any amount allocated to a library through the Enhanced Formula that exceeds that librarys 2002-03 payment Will be used to reduce the City of Hillsboro loss. "West Slope expects to receive a fire Insurance adjustment to offset lost circulation revenue. 4r2J2003PLSA exhlbft A 03-04 i Allocation of Performance Indicators ull'ae _ ''F FAcilJty Internet P4bllc A lult/Youtjr Total Reimbursable Volum@IS Collection Wkly Hours Accgsa Program Eervlc9 Area Reference Enhanced Libra Circulation Added endltures Open Techooto Attendance Population Transactions Services Wel ht - % 70.0% 5.0% 5.0% 5.0% 5.0% 2.5% 5.0% 2.50% 100.0% $ to Allocate P1.127,151 487,000 487,000 $ 487 000 $ 487 000 243,5001$ 487,000 $ 243.500 $ 9,740,000 Banks $ 8 929 $ 2 771 $ 24 68 7 379 $ 3 208 $ 5 083 $ 1 425 $ 90 891 Beaverton 127 390 165 266 49 045 213 985 63 925 115 011 51 393 2,625 958 Cedar Mill 63 553 56 086 42 828 56 571 54 425 49 028 24 646 1 474 289 Cornelius 5.330 _____3.,366 31,776 _____9&38 4,745 12184 2,288 111,951 Forest Grove 266,268 28 331 23.039 42.828 14 758 10.223. 27,378 8,730 421.555 Garden Home 158,055 9,120 7,048 35,230 2.460 6,289 6,242 3,292 227,735 Hillsboro 1,781,987 ----_121,.728 118,282 88,420 100,843 31,304 154,032 78,952 2,475 548 Sherwood 203,085 ----14.408 12176 41,447 4,919 7,963 17.217 3,820 305,035 Tigard 765,315 54,810 58 907 47,664 31,975 31,535 64,829 37,485 1,092,520 Tualatin. 396,174 35,045 30,112 44 901 36 894 21,526 24,414 18,663 607,730 West slope 200 371 18 357 9,947 37,993 7.379 8,356 11,582 12.804 306,788 TOTAL 1 $ 6,818,000 $ 487,000 $ 487 000 $ 487,000 $ 487,000 $ 243,500 $ 487,000 $ 243,500 $ 9,740,000 Audit Check $ 6,818,000 $ 487,000 $ 487,000 $ 487,000 $ 487,000 $ 243,500 $ 487,000 $ 243,500 $ 9,740,000 Audit Check Error - - - - - - - Amount per Value $ 1.08 $ 2.99 $ 0.25 $ 690.78 $ 2,459.60 $ 2.31 $ 1.07 $ 0.09 A B C 131 E F K G Source: WCCLS WCCLS OSI. Part4 OSL Part 6 OSL M 7 Part 8 O$L part 6 WCCLS OSL #6.29 Part 6 #6.31; #6.33 To calculate FY 03-04 payment: #4.10 #8.22 Full service Adjusted Facplty Internet Public Adult/Youth Reimbursable Vols Collection Wkly Hours . Access Propr im Service Area Reference Circulation Added ExpeRdltores Open TechOalopy Attendance Population Transactions Libra 2002 FY01-02 FY01-02 FY01-02 FY01-02 FY01-02 FY01-02 FY01-02 Banks 34,539 2,987 11,017 36 3 1,388 4,757 1.976 Beaverton 1,707 016 42,617 657,147 71 87 27,656 107,643 71,246 Cedar Mill 1 045 720 21,261 223,016 62 23 23,546 45,887 34,167 Cornelius 39, 359 1,783 '13,385 46 4 2,053 11,403 3,172 Forest Grove 247,031 9,478 91,608 62 6 4,423 25,624 12,103 Garden Home 146,636 3,051 28,024 51 1 2,721 -5,-8,42- 4,564 Hillsboro 1 653 53,247 40,723 470,323 128 41 13,543 144,164 109,451 Sherwood 168,413 4,820 48 415 60 2 3,445 16114 5,296 Tigard 710,025 18.336 234,233 69 13 13,643 60,676 51,966 Tualatin 367,552 11,724 119,736 65 15 9.313, 22.850 25 873 West Sloe 185,895 6,141 39, 552 55 3 3,615 10 840 17,750 TOTALS 6,325,433 162,921 1,936,456 705 198 105,346 455,800 337,564 City Council Document Transmittal CITY OF TIGARD To: OREGON From: e-7)2EeI~ 611-S T-6 J Date: 4 - 23 -oa I'm sending you: Document Type: ❑ IGA ❑ Contract XOther %5ECo kL-h AmeKLbM t;M--j Document Name: WILL -k6 k ce1\,JEiu-7- Approved at the Council Meeting of: ~I 2 Z -,Oa Number Copies Included: .,LI Y our document(s) have been signed by the motor &U ,UC_ I ?,Pt:-D1J)EA1 l ❑ Your document(s) have been signed by the City Manager Ay""Our document(s) requires an additional signature(s) .Nhen all signatures have been obtained, file an original document with City of Tigard Records ❑ Additional instructions: I:tADM\CITY COUNCIL%CITY COUNCIL DOCUMENT TRANSIVIMAL.DOC SECOND AMENDMENT TO THE WASHINGTON COUNTY INTER LIBRARY INFORMATION NETWORK (WILINET) AGREEMENT This amends the Agreement dated July 14, 1999 and first Amendment dated June 25, 2002 between Washington County, on behalf of the Cooperative Library Services, and the cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard and Tualatin, Cedar Mill Community Library Association, Garden Home Community Library Association, Tuality Healthcare and Oregon College of Art and Craft as follows: Amend Section 2, TERM OF AGREEMENT as follows. Delete existing paragraph and insert: This Agreement shall be in effect from July 1, 1999 through June 30, 2004, except as otherwise provided in Section 15 of this Agreement. Amend Section 4, SERVICE AVAILABILITY, Paragraph A as follows: WILI staff shall be available to service WILInet and support member libraries: • 8:00 am - 8:30 pm, Monday through Thursday, • 8:00 am - 6:00 pm Friday, • 9:00 am - 5:00 pm Saturday, and O 10:30 am - 6:00 pm Sunday. • No WILInet support will be provided on days that are declared official holidays by Washington County. This amendment shall become effective June 30, 2003. In performing the above, it is understood and agreed that all other terms and conditions of the original Agreement of July 14, 1999 and first Amendment of June 25, 2002 are still in effect. FOR WASHINGTON COUNTY: FOR THE CONTRACTOR: Z' Name Name ~oq nCi I Prey i d•P ✓1 ~ Title Title Date Date Approved as to form: County Counsel AGENDA ITEM # 4. `f' FOR AGENDA OF Apri122, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amendment to the Washington County Inter-Library Information Network Agreement PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK LA*T~-~ ISSUE BEFORE THE COUNCIL Washington County has issued an amendment to the existing Washington County Inter-Library Information Network Agreement. STAFF RECOMMENDATION Approve the second amendment to the Washington County Inter-Library Information Network (WILInet) Agreement. INFORMATION SUMMARY This amendment extends the existing WILInet Agreement through Tune 30, 2004. This agreement covers the use and operation of the WILInet automated integrated library system countywide. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None. ATTACHMENT LIST A. Second Amendment to the Washington County Inter-Library Information Network (WILInet) Agreement. FISCAL NOTES The City of Tigard (Library) is responsible for the purchase, installation and maintenance of peripheral equipment necessary to connect to WILInet. I:\Lib\City Council Agenda Summaries\AGENDA ITEM SUMMARY SHEET-April 22, 2003.doc SECOND AMENDMENT TO THE WASHINGTON COUNTY INTER-LIBRARY INFORMATION NETWORK (WILINET) AGREEMENT This amends the Agreement dated July 14, 1999 and fast Amendment dated June 25, 2002 between Washington County, on behalf of the Cooperative Library Services, and the cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard and Tualatin, Cedar Mill Community Library .Association, Garden Home Community Library Association, Tuality Healthcare and Oregon College.of Art and Craft as follows: Amend Section 2, TERM OF AGREEMENT as follows. Delete existing paragraph and insert: This Agreement shall be in effect from July 1, 1999 through June 30, 2004, except as otherwise provided in Section 15 of this Agreement. Amend Section 4, SERVICE AVAILABILITY, Paragraph A as follows: WILI staff shall be available to service WILInet and support member libraries: • 8:00 am - 8:30 pm, Monday through Thursday, • 8:00 am - 6:00 pm Friday, • 9:00 am - 5:00 pm Saturday, and • 10:30 am - 6:00 pm Sunday. • No WILInet support will be provided on days that are declared official holidays by Washington County. This amendment shall become effective June 30, 2003. In performing the above, it is understood and agreed that all other terms and conditions of the original Agreement of July 14, 1999 and first Amendment of June 25, 2002 are still in effect. FOR WASHINGTON COUNTY: FOR THE CONTRACTOR: Name Name du oci 1 1 yes. de,-~ Title Title r i ~.aav3 Date Date Approved as to form: County Counsel SECOND AMENDMENT TO THE WASHINGTON COUNTY INTER LIBRARY INFORMATION NETWORK (WILINET) AGREEMENT This amends the Agreement dated July 14, 1999 and first Amendment dated June 25, 2002 between Washington County, on behalf of the Cooperative Library Services, and the cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard and Tualatin, Cedar Mill Community Library Association, Garden Home Community Library Association, Tuality Healthcare and Oregon College.of Art and Craft as follows: Amend Section 2, TERM OF AGREEMENT as follows. Delete existing paragraph and insert: This Agreement shall be in effect from July 1, 1999 through June 30, 2004, except as otherwise provided in Section 15 of this Agreement. Amend Section 4, SERVICE AVAILABILITY, Paragraph A as follows: WILI staff shall be available to service WILInet and support member libraries: + 8:00 am - 8:30 pm, Monday through Thursday, • 8:00 am - 6:00 pm Friday, • 9:00 am - 5:00 pm Saturday, and • 10:30 am - 6:00 pm Sunday. • No WlLlnet support will be provided on days that are declared official holidays by Washington County. This amendment shall become effective June 30, 2003. In performing the above, it is understood and agreed that all other terms and conditions of the original Agreement of July 14, 1999 and first Amendment of June 25, 2002 are still in effect. FOR WASHINGTON COUNTY: FOR THE CONTRACTOR: C WS, Name Name Pres~c~~.~- Title Title ~ ~ as v3 Date Date Approved as to form: County Counsel AGENDA ITEM # 4-5o-. FOR AGENDA OF 22, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Reimbursement payment to Centrex Homes: Water Main Oversizinp, ~i PREPARED BY: Dennis Koellermeier DEPT HEAD OK Y.~ CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the City Council approve the payment of $32,267.20 to Centrex Homes for the purpose of reimbursing Centrex Homes for costs incurred in oversizing water lines in the recently completed Tuscany Subdivision? Due to the amount of reimburse (over $25,000) staff is asking Council to act upon this item. STAFF RECOMMENDATION Staff recommends reimbursing Centrex Homes $32,267.20. Currently, City "Water Main Up-Sizing Policy" states that reimburses for upsizing water main lines within developments is a sound engineering practice. Based on the partnering with this development, staff estimates that $170,000 was saved. INFORMATION SUMMARY Last February staff began the process of plan reviewing of the "Tuscany" Development. During that plan review we identified the need to route a larger diameter water main through this development in excess of the development's needs. Information for pipe locations and proper pipe sizing was referenced from our current "Water Distribution System Hydraulic Study, 2000" (the master plan). Upon completion of the project, Centrex Homes and City staff reviewed the actual project costs and agreed to the value of the reimbursement. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY As identified in the "Tigard Beyond Tomorrow" document, one of our Water and Stormwater Goal Strategies is to i "build identified water capital improvements". ATTACHMENT LIST f Provided for reference is "Water Main Up-Sizing Policy", letter from Centrex Homes with breakdown of development costs, letter dated March 7, 2003, by staff regarding the reimbursement. FISCAL NOTES Reimbursement for the water line up-sizing within the Tuscany Subdivision totals $32,267.20. FY 02/03 budget of $50,000 currently budgeted to cover this expenditure. MEMORANDUM CITY OF TIGARD, OREGON To: Ed Wegner, Director Maintenance Services From: Michael Miller, Water Management Analyst Date: June 20, 1994 Subject: Water Main Up-sizing Policy The sizing of water mains within our service area has been based on sound engineering practices and the Water Master Plan, taking in account the density, location, and ultimate build out of new developments, in order to determine the correct size of water mains. It has been the policy of the Agency to require developers to fully contribute towards the construction of these new water mains up to a size of 12-inches. Water mains 16-inches and greater are considered transmission facilities, and we are required to reimburse the developer, at a minimum,. the difference between the costs of installing a 16-inch water main and a 12-inch water main. There are several options that we can consider when reimbursing developers for the difference between the costs associated with the up-sizing of the water mains. One of these options, which we currently practice, is to utilize funds from System Development Charges (SDC). This is the most preferable funding source option, because the over sizing of the water main is a capacity increasing facility. Since the SDC fund was established to set aside moneys for future capacity increasing projects, the reimbursement for such an over sizing would qualify for funding from this source. Another funding option, if SDC funds were unavailable, would be to waive some or all of the 12% development fee that is collected from the developer. This fee is based on the actual costs associated with the installation of the water system. Granted, if the reimbursement was to be larger than the 12% development fee, then the remaining portion would - have to come from either the General Fund or possibly from future SDC collections. We have to remember that some developers, past and present, will continue to argue that we should consider reimbursing the difference between an 8-inch and 16-inch, or even an 8-inch and 12-inch, water main. To date, these arguments have failed because we have been successful in justifying the need of a 12-inch water main, even though it has or has not been listed on the Water Master Plan. This is because we are consistent with the justifications that are used for the sizing of waterlines. Namely, the distance that the development is from the nearest reservoir supplying the area, required fire flows, density of the development, and final build out of the area. One of the best examples of water main up-sizing within our service area is in the Bull Mountain Meadows subdivision. This is a very large subdivision with an average lot size of 5,000 square feet. Because of the overall size of the development, approximately 455 single family residences, the proposed 8-inch water main was increased to 12-inches. It is important to mention that the 12-inch water main was not identified on the Water Master Plan for this area. The decision to increase the size of the proposed 8-inch water main to 12-inches was based on sound engineering practices, noting the high density and growth of the area, including fire flow requirements and residential water demand. The developer for this development was not entitled to a reimbursement. However, in a different location within this same development, the Water Master Plan did identify that a 16-inch water main needed to be aligned along SW Scholls Ferry Road. We required the developer to install the 16-inch water main and reimbursed them the difference between the 16-inch and 12-inch water main with SDC funds after the water main was installed, inspected, and accepted for use. Again, our practice and policy surrounding the up-sizing of water mains has been to require developers to fully contribute towards the construction of new water mains up to 12-inches in diameter. If the requirement, based on certain criteria, was for a developer to construct water facilities larger than 12-inches, then the Agency would reimburse the developer the difference in the costs associated with the over sizing of the water main above 12-inches. CENTEX HOMES 16520 SW Upper Boones Ferry Road Suite # 200 Portland, Oregon 97224 Phone: 503 608-3060 Fax: 503 608-3061 November 6th, 2002 Richard C. Sattler City of Tigard Water Quality and Supply Supervisor 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Additional Costs for Watermain Upsizing Tuscany Subdivision Dear Richard; Centex has made an error in the quantity amount for the installation of the watermain to be reimbursed at the Tuscany Subdivision. The error is an additional 16" Butterfly Valve and an additional 16" x 8" Reducer which adds up to $1,431.01. The total credit will be increased from $33,025.73 to $34,456.74. I am enclosing a revised itemized estimate with the additional change order items highlighted. We appreciate your assistance and patience on this matter and would appreciate a response to this request as soon as possible. If you have any questions, or need additional information, please call me at 503/608-3060 ext. 249. Respectfully, CENTEX HOMES j Andy Tiemann Tuscany Subdivision Project Manager 73 Cfij of Tigard Water Main Upsizing Charges Tuscany Subdivison 72000- Develo ment Costs COST ORIGINAL CONTRACT AMOUNT COST INCREASE CREDIT DUE CODE DESCRIPTION UNIT QUANTITY PRICE DOLLARS PER UNIT DOLLARS DOLLARS 16" Ductile Iron Water Main w/Granular Backfill LF 11358.00 34.56 $46,932A8 15.21 $20,655.18 $20,655.18:- 12" Ductile Iron Water Main w/Granular Backfill LF 596.00 25.27 $15,060.92 5.92 $3,528.32 $3.528.32. 8" Ductile Iron Water Main w/Granular Backfill LF 2,324.00 19.35 $44,969.40 standard $0.00 $0.00 8" - 45 Degree Bend EA 1.00 87.31 $87.31 standard $0.00 $0.00 8"-11 114 Degree Bend EA 6.00 87.31 $523.86 standard $0.00 $0.00 8"-221/2 Degree Bend EA 4.00 87.82 $351.28 standard $0.00 $0.00 16"- 45 Degree Bend i' EA 2.00 384.39 $768.78 297.08 $594.16 $594.16 16"-221/2 Degree Bend t/ EA 2.00 384.39 $768.78 296.57 $593.14 $593.14 12" -11 1/4 Degree Bend EA 1.00 157.26 $157.26 69.95 $69.95 $69.95- 16" x 16" Tee EA 2.00 661.72 $1,323.44 528.02 $1,056.04 $1,056.04 16"X 12" Tee EA 2.00 533.12 $1,066.24 399.42 $798.84 $798.84 12" x 12" Tee / . EA 1.00 251.18 $251.18 117.48 $117.48 $117.48 12" X 8" Tee EA 1.00 206.37 $206.37 54.56 $54.56 $54.56 8" X 8" Tee EA 2.00 133.70 $267.40 standard $0.00 $0.00 8" Cross EA 1.00 188.26 $188.26 standard $0.00 $0.00 CO#2 16" X 8" Reducer Change Order #2 EA 1.00 253.32 $253.32 253.32 $253.32 $253.32 16" X 8" Reducer 1 EA 2.00 253.32 $506.64 253.32 $506.64 $506.64 16"X 6" Reducer 1 EA 1.00 195.26 $195.26 195.26 $195.26 $195.26 12" X 8" Reducer EA 1.001 - 99.32 $99.32 99.32 $99.32 $99.32 8" Gate Valve EA 12.00 493.13 $5,917.56 standard $0.00 $0.00 12" Butterfly Valve EA 4.00 702.49 $2,809.96 209.36 $837.44 $837.44 CO#2 16" Butterfly Valve Chance Order #2 EA 1.00 1277.01 $1277.01 1 177.69 $1.177.69 $1,1T7.69 16" Butterfly Valve EA 5.00 1,277.01 $6,385.05 783.88 $3,919.40 $3 919.40 72221 Water Mains - Services 13 0 367.08 :»::::::::>::~:~:~:::~:'•:~:::::~:::`::'•:'•:::<~:>`:::<:: S $34,456.74 534,456.74 • I[outt~ JAL CITY OF TIGARD March 7, 2003 OREGON Andy Tiemann Centex Homes 16520 SW Upper Boones Fry Rd., Suite 200 Portland, OR 97224 RE: Reimbursement for Water main Upsizing at Tuscany Sub-division Dear Andy, Tigard has reviewed your request for the credit of the water line upsizing which took place within your recently completed sub-division. I have also recently received information that the project punch list for "water deficiencies" has now been completed. Based on that information I am able to send you a check for the amount of $32,267.20. You will notice that this is a different amount that you had requested in your letter dated November 6t', 2002. 1 have added $253.32 for the 16"x8" reducer and deducted the amount of $1011.85 for a 12" Butterfly Valve which was not installed. Should you have any questions or concerns regarding this matter, please do not hesitate to contact me at 503-718-2609. Sincerely- Richard C. Sattler Water Quality and Supply Supervisor cc: Brian Rager,'City of Tigard, Eng. Wpwf-t-quaflty/deve1c p-tsNndmpmdAu-ny 13125,SW.HaA Blvd., TigarcL OR,97223 (503) 639-4171 TDD (503) 684-2772 AGENDA ITEM # FOR AGENDA OF April 22.2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for Engineering/Hvdrogeologic Services - Aquifer Storage and Recovery (ASR) Operations/Support/Expansion PREPARED BY: Dennis Koellermeier DEPT HEAD OK CITY MGR OK VVV0-1- ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board consider and award a contract to Groundwater Solutions, Inc., to provide professional engineering and hydrogeologic^i services to the City relating to its Aquifer Storage and Recovery (ASR) program? STAFF RECOMMENDATION Staff recommends awarding this contract to Groundwater Solutions, Inc., for the amount of $69, 845. INFORMATION SUNIlViARY Staff published* a "Request for Proposals" in the Daily Journal of Commerce on March 20, 2003, requesting proposals from qualified hydrogeologic engineering firms to provide services relating to the City's ASR program. Specifically, those services were to include: ASR operational support, regulatory reporting, and ASR expansion planning. The following firms submitted proposals for the listed prices. LDC Design Group $ 28,430 AMEC Earth & Environmental $141,697 Golder Associates $ 38,048 Groundwater Solutions Inc. $69,845 Staff has evaluated each proposal based on pre-determined criteria, and concluded that the proposal from Groundwater Solutions, Inc., presents the best combination of local experience, expertise, and approach for the price. OTHER ALTERNATIVES CONSIDERED 1. Reject all proposals 2. Award the contract to another proposer 3. Give staff further direction VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Operations of our. one existing ASR well and expansion of our ASR program are specifically listed as strategies and action plans in the 2002 progress report of "Tigard Beyond Tomorrow". ATTACHMENT LIST N/A FISCAL NOTES ASR operations and expansion is currently budgeted for in the Water Fund and the Water CIP Fund. AGENDA ITEM # 4-, ~G. FOR AGENDA OF 4 - 22 - 03 CITY OF TIGARD, OREGON LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Purchase of three (_3) olice vehicles PREPARED BY: Assistant Chief Alan Orr DEPT HEAD OK j CITY MGR OK _1d-- ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Approve the purchase of three (3) marked police vehicles STAFF RECOMMENDATION Staff recommends approval of the purchase of three (3) 2003 Ford Crown Victoria's. This is consistent with the fleet replacement plan for the City of Tigard. INFORMATION SUMMARY All three vehicles were included in the 2002/2003 budget and funds are available. The City will be "piggy- backing" off the State of Oregon price agreement 2113 to purchase the police vehicles. ORS 279.015 allows the City to utilize an existing contract from another agency that has been let by competitive bidding and has the cooperative language in the contract. The contract mentioned above meets this rule. OTHER ALTERNATIVES CONSIDERED Not purchase vehicles. This would be more costly in the long term as our patrol fleet would incur higher maintenance costs. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This purchase is consistent with our Public Safety category. ATTACHMENT LIST FISCAL NO'T'ES The vehicles cost $21,013.99 each, which includes the required police equipment. The total cost is $63,041.97 i and funds were budgeted for this purchase. i i i i PURCHASE REQUISITION CITY OF TIGARD 13125 SW Hall Blvd. Date: 3-18-03 Tigard, Oregon 97223 From: AI Orr/Ben Tracy (503) 639-4171 Fax (503) 639-1471 Dept: Police TO: : GRESHAM FOR 1945 EAST POWEtl l ►~~Qi Le BOX 647 E ue v - C"v-)6 GRESHAM OR 97080 Phone: x.(5031 6654101 Fax: :50345650497 Email: Federal ID No.: (For serviges onW DELIVER TO: ❑ 13125 SW HALL BLVD ❑ 8720 SW BURNHAM STREET 12800 SW ASH STREET ® 8777 SW SURNHAM STREET Vendor Item Dept Account Unit E)dended qty No. Description No. Price Price 3 P71 2003 Crown Vic police interceptor as per State 19,636.99 58,916.97 price agreement #PA2113 Black -exterior, Med parchment - interior 3 H Cloth front/doth bench <58> <174> 3 59M Side air bags 227 681 3 13C Trunk organizer 138 414 3 53M Radio supression package 62 186 3 61H Ignition powered decklid release 54 162 3 177 Silicone hoses w/aircraft damps 267 801 3 478 Courtesy lamp disable 13 39 3 51A Drivers side spot light 151 453 i 3 153 Front license plate bracket WC N/C 3 45C Limited slip differential 85 255 3 432 Keyed alike code #1284X 35 105 3 96C Color keyed body side molding WC WC 3 321 963 21A Power drivers seat 3 62 186 185 Lateral bow reinforcement 3 18 54 157 Rear door locks and handles inoperative Shipping and Handling NIc comirAnb: TOTAL 63041.97 AS OF: PURCHASING AGENT: APPROPRIATION BALANCE: APPROVALS: (IF UNDER $W) DEPARTMENT DESIGNEE (IF UNDER $2500) DEPARTMENT DESIGNEE: (IF UNDER $7500) DEPARTMENT I EADIDESIGNEE: (IF UNDER $25000) CITY MANAGER: BOARD: ✓ Q CI d a t/lJl (IF OVER $25000) LOCAL CONTRACT REVIEW Q CAPITAL EXPENDITURES NOT BUDGETED: (IF UNDER $2500) DIRECTOR OF FINANCE: (IF OVER $2500) CITY MANAGER: L•ltltywW W rn p~prvr~q.aot L E- lu J LEG1611.ITY STRIP April 22, 2003 et l'~aintenanCe Fee enda Item No. 5 ° Stre Ag 3 SIC 14F 'tVIONY S"EIf ~~Council on: GN.R~ testy before " se sign on the following page(s) if you wish to plea F TENAN 'f MAIN Sor E ue to Time Constraints D °s °uncit N1 ay imp pity ~ Tcst,mot Time ~Imlt on Wage - p position °n * phone Nun'ber Issue Sta{e► ppponent Zip ~ ' CitY► ❑ Stun t -~ubt%C e Ad&ess 1 d3 OpP°nen ❑ da item N~ ° 5 anon l~eu~al ❑ P►9en 01gant~ le onent ~a~ne a licab To ~j 5 D Y , Tie , P xop ' ply (G ~ bay 6S °ppon~ t ❑ ~ t I ~ Neu ❑ • U5$ J"`" J~ t Proponent t b 11-4-64- 5~ts \ °pponen O Pr°point o °pponent ❑ I L ~ ~ 5 ❑ Neural C. ,7 7-2 ~7 ent ❑ 'o I. Psopon -Jjyr. - ' Opponent da.~ 0 w ~ 6~ . Lo 3r?' ~eual ' ❑ ' a Proponent ❑ i y (G kO 6 z l 3 Opponent ` ~C e w swt PAYV" l p Neuna n V'j V~ o tr, l gage J-- XPE.Doc CoUNCIL~CCSIGNUP~HjES~1MO~Y LP I:~AD~GREER~o11Y er rii 22, 203 Ap WOW 11, gas~tion oTL ~ phone Nu~bex ,sue i+'~on~ City, State, z'p proponent ❑ 0, 5 _pubiic TeSt Ad~ess a~ Opponent ❑ e~da Item N Neutral ~g Oxga~' aeon / proponent ❑ _ _ 3 S Nye a livable nC ~ -/C) jSQ onent C,3 Opp a C,q- c5 ~D 7 C~ j~ Neutral 0 [fit --C- i 3 s ,~c) s~-1 7 ~~3 proponent ❑ ,tent ~,y,~~~-~ Ope dal 0 Le Sei.~- ~tt~Q sW~~~+rfiat,, S~ -r ~a fL orient 0 ~~ZZ3 Op ovent 0 EpL~ Neutral 0 ~tpJ P proponent ❑ t N Opponent ❑ Neutral 0 proponent ❑ Opponent ❑ Neuttal ❑ page TESTIMONY ~NOSCAPE.DOG GOUNGIL~GCSIGNUP~N I:V+OM~GREER\GN Agenda Item No. 5 -Public Testimony April 22, 2003 Name Organization Address City, State, Zip Phone Number Position on if applicable) Issue Proponent ❑ Opponent ❑ Neutral ❑ Proponent ❑ Opponent ❑ Neutral ❑ Proponent ❑ Opponent ❑ Neutral ❑ Proponent ❑ Opponent ❑ Neutral ❑ Proponent ❑ Opponent ❑ Neutral ❑ Proponent ❑ Opponent ❑ Neutral ❑ IADWGREER\CITY COUNCIUCCSIGNUPPH TESTIMONY LANDSCAPE.DOC Page 4 Agenda Item No. 5 -Public Testimony April 22, 2003 Name Organization Address City, State, Zip Phone Number Position on if applicable) Issue Proponent ❑ Opponent ❑ Neutral ❑ Proponent ❑ Opponent ❑ Neutral ❑ Proponent ❑ Opponent ❑ Neutral ❑ Proponent ❑ Opponent ❑ Neutral ❑ Proponent ❑ Opponent ❑ Neutral ❑ Proponent ❑ Opponent ❑ Neutral ❑ I:\ADM\GREER\CITY COUNCIL\CCSIGNUP\PH TESTIMONY LANDSCAPEAOC Page Klr LC%XICIU i T *I April 22, 2003 lie `f estim®nY Position on A e~rda Item No. -Pub City, State, Zip Phone Number issue g Organization Address proponent ❑ Name a licable opponent ❑ Neutral ❑ Proponent ❑ opponent ❑ Neutral ❑ Proponent ❑ opponent ❑ Neutral ❑ Proponent ❑ opponent ❑ Neutral ❑ Proponent ❑ opponent ❑ Neutral ❑ Proponent ❑ opponent ❑ Neutral ❑ L4NDSCAPE.D GREER\Ct'TY COUNCIL\CCSIGNUP~P~1?ESTIMONY OC Page ran" a.cvrur611 T , [KIP Ali. Agenda Item No. 5 -Public Testimony April 22, 2003 Name Organization Address City, State, Zip Phone Number Position on if a licable Issue Proponent ❑ Opponent ❑ Neutral ❑ Proponent ❑ Opponent ❑ Neutral ❑ Proponent ❑ Opponent ❑ Neutral ❑ Proponent ❑ Opponent ❑ Neutral ❑ Proponent ❑ Opponent ❑ Neutral ❑ Proponent ❑ Opponent ❑ Neutral ❑ 1: lADMIGREERICITY COUNCILICCSIGNUPIPH TESTIMONY LANDSCAPELOC Page' a~ MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder LrA DATE: April 24, 2003 SUBJECT: Written Testimony - Street Maintenance Fee Attached is written testimony received during the April 22, 2003, City Council meeting: • E-Mail from Planning Commission Chairman Mark Padgett • Letter from Frank & LeMae Bates (presented during testimony by Paul Owen) • Letter from Jack Reardon, Washington Square • Information on ITE Trip Generation -from Joe Gilliam, Oregon Grocery Assn. c: Gus Duenas I:WD?ACATHYtCOUNCIL%CORRESPONDENCE\PUBLIC HEARING -WRITTEN TESTIMONY.DOC Page 1 of 1 1. Cathy Wheatley - info for City Council meeting v From: "Mark Padgett" <mark@padgett.net> To: <cathy@ci.tigard.or.us> Date: 4/22/03 10:34 AM Subject: info for City Council meeting CC: "Jerree Gaynor" <jerree@ci.tigard.or.us> At the Tigard Planning Commission meeting on Monday, April 21, during the discussion on home occupations, a point came up regarding the proposed street maintenance fee. One of the possible proposed changes to the code that will be recommended by the Planning Commission is to incorporate language in the code encouraging zero-impact home occupations. We put it on the record last night that, since our intent is to encourage more people to work at home for the betterment of our community, that we did not want to "penalize" them by having their home offices assessed at a commercial rate for purposes of the street maintenance fee. City Engineer Gus Duenas testified that there were no plans to include home offices in the commercial category at this time, and the Planning Commission expressed its support to make that policy an official part of any street maintenance fee. Thank you. Mark Padgett President, Tigard Planning Commission voice 503.590.5226 fax 503.590.5227 email mark adgett.net file://CAVnMOWS\TEMP\GW}00011.HTM 4/22/03 ~b - FRANK and LAMAE BATES 15683 S.W. SUMIvIERFIELD LANE TIGARD, OREGON 97224 April 22, 2003 Tigard City Council 13125 S.W. Hall Blvd. Tigard, Oregon To Whom It May Concern: We wish to express our support of the proposed Tigard Road Fee for the maintenance of our streets, sidewalks, streetlights and right-of-ways. This fee is necessary to maintain the quality of living in our community. Our streets are currently in need of serious maintenance and the current amount being received for this purpose from the state's gasoline tax is inadequate to the task. We respectfully urge the City Council to reach a decision on this fee as soon as this meeting, so that the delay in repairs will not be extended any longer. Thanking you in advance for your consideration, we remain Very truly yours, Frank E. Bate~sv LaMae L. Bates N ""01 WASHINGTON SQUARE April 22, 2003 Mayor Jim Griffith Members of the City Council City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Proposed Road Maintenance Fee Dear Mayor Griffith and Council Members; I am writing on behalf of the 140 merchants at Washington Square who will bear 12% of the total annual cost of the Proposed Road Maintenance Fee if approved by the council. There are several reasons we feel this proposed fee is inequitable and oppressive. 1. Retailers have no way of recovering the expense. In almost all cases the prices for merchandise are set corporately or regionally for each store. Businesses other than retail are in a very competitive environment and will also have a difficult time recovering the expense. Therefore, the fee will be a direct expense reducing the bottom line of most every commercial business in Tigard. 2. The budget proposed for this fee covers more than additional needs of the city for street maintenance. Most cities and counties, as well as the state, receive enough funding from the gas tax for maintenance purposes. It is the capital projects that the present gas tax revenues fall short of funding. Staff admittedly will, with this new fee, be able to free up dollars for capital projects by shifting dollars presently received from gas tax revenue sharing. We don't believe the business community should bear the burden of providing funding the voters have recently rejected. 3. The trip generation method of computing the rates is inequitable. This formula may be an acceptable and reasonable way to determine development fees, but does not work very well for determining this unusual type of fee. 1 The trip generation of a shopping center like Washington Square, or even a busines-- operating along Hwy 99, is primarily dependent on the major highway system. None of the revenue from this fee would go towards funding improvements to the major roadway system that this region so desperately i needs and the merchants at Washington Square depend on so heavily. 4. A.fee of this nature should be the same across the region, or at the minimum, countywide. The city of Beaverton is not planning to propose this type of a fee. Therefore, revenues from such fees imposed on businesses at Washington Square, in addition to providing no direct benefit to the merchants at Washington Square, will provide no benefit to the other jurisdictions located in the Washington Square market area. WE XtARE GOOD T111 NGS IIA I' Washington Square ~ Square Too 9585 S.W. Washington Square Road • Portland, OR 97223 • Phone 503.639.8865 • Fax 503.620.5612 Mailing Address • P.O. Box 23635 • Tigard, OR 97281.3635 www.shopwashingtonsquare.com A A Macerich Company Property • www.n)acerich.com Believing there is a strong need for additional transportation funding, Washington Square has been an avid supporter, through our involvement in the Westside Economic Alliance, of an increase in user-based taxes or fees for road maintenance and capacity improvements. However, we feel a fee imposed primarily on business is a very inequitable method of attaining additional funding. In this difficult economic climate, business is already finding it a strain to make a profit and cannot afford to bear the burden of non-user based fees for maintaining city streets, street lighting, and sidewalks that primarily benefit the residents of the city. Therefore, we feel it is bad policy for individual cities to decree such fees. We respectfully ask that the council NOT approve the Proposed Street Maintenance Fee and alternately continue to work with the other jurisdictions in the region to develop user-based funding for regional road improvement programs. Thank you for your consideration. Sincerely, Jack Reardon, CSM, CMD Senior Manager, Property Management i i i m olkj - IrEtrip: . . . Supermarket Daily Trip Data M-AY~/xMiwrr.a' MAfI MO~r IY-Jw. OYU Y.wrA • Number of Studies: 2 ~v~yt ~f0"M~ltw Average Store Size: 27,000 square-feet AW l1•..M Caution- Use Carefully - I Small Sample Size" - ITES6p - Da • .6int Ma plot w!A Equal~n ~..._ra.cs ww.s..lr,..a ss ,!x 3,860 trips 22,800 sq. ft i ~ . 1. 2,100 trips u . a„l 30 . ,600 Sq. ft n x r a a n x r X•rAlba M1MO-x.lpv Ma y ' ~1H ~K ! J'i.n~. ~~~t✓}.a` ~ +'ti7+•1~2i<t:'nY'.i~',6s*'~6ra4~:FS ,y}+' y ~k:-i'~t;..+~'17..' .a: 2 • G6neration and Local Businesse"S i " Typical Modern Safeway, Alberts on's ~ Typical WinCo 40 50 90 100 Store Size, 1,000 square-feet • ITE recommends use of local data when outside ITE data range MEuf .2 1 V'A i. Le 'Effecti. q. e • • Service Station 0.44 miles Fast Food 0.53 miles Restaurant Supermarket 0.85 miles General 2.99 miles L Retail i Office 3.94 miles Building Residential J Elementary ~a CAI , School + Industrial 3 Effdctiv& ' .ee s • 6.07 miles Service Station Fast Food Restaurant slow Supermarket General Retail Office Building Residential Elementary School Industrial a • WORK e ~ oo HOME 1 1 1 /PRIMARY TRIP DIVERTED TRIP PASS-BY TRIP INTERNAL~TRIPC~ e yY".~ k G ~ p1 4D~,; ••~~~~Lia. 4 AGENDA ITEM # FOR AGENDA OF April 22, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Street Maintenance Fee Public Hearin PREPARED BY: A.P. Duenas DEPT HEAD OK CIV CITY MGR OK ISSUE BEFORE THE COUNCIL City Council will conduct a public hearing on the proposed Street Maintenance Fee to receive input for consideration prior to deciding on a course of action regarding the proposed fee. RECOMMENDATION Following the public hearing on the proposed fee, staff recommends that City Council consider all the information available and provide direction to staff regarding possible implementation. INFORMATION SUMMARY At a workshop meeting on March 18, 2003, City Council was presented a brief overview of the proposed Street Maintenance Fee. The presentation included a review of what some other cities are doing to address maintenance funding shortfalls and a list of some options that Council could consider regarding possible implementation of the proposed fee. Following the presentation and discussion, City Council decided to conduct a public hearing at the Council meeting on April 22, 2003 to receive public input regarding the proposed fee. Council direction on any future action on the proposed fee is expected after the hearing has been conducted and Council has had the opportunity to consider all the information provided to them regarding the proposed fee. The Street Maintenance Fee is a monthly fee based on use of the transportation system and is typically based on trip generation rates. The fee would be charged to each household and business in the City and would be collected through the City's regular monthly sewer and water bill. The intent is to have the users of the road system share the costs of the corrective and preventative maintenance needed to keep the street system operating at an adequate level. The proposed fee would provide a stable source of revenue to supplement gas tax revenues. The revenue received through the fee would be dedicated to maintenance of the street system. Tigard has approximately 140 miles of paved streets, and ara estimated $4.5 million maintenance backlog as of 2002. That maintenance backlog includes street reconstruction, regular overlays, thin overlays and "digouts" as needed. Without a stable source of revenue dedicated to maintenance, the street system would most likely continue to deteriorate even further requiring expensive reconstruction later. Badly deteriorated streets can have a huge economic impact as goods and people have difficulty getting to their destinations. Vehicle repair costs would most likely increase as motorists drive on poorly maintained roads. The proposed fee would raise slightly over $1.6 million annually with $800,000 dedicated for street maintenance, $270,000 for limited rights-of-way maintenance on collectors and arterials, $90,000 for limited sidewalk maintenance on collectors and arterials, and $445,000 for streetlight and traffic signal maintenance Citywide. The amount to be raised annually for street maintenance would be used to address the maintenance backlog through implementation of a long-term plan that takes into account future reconstruction on some of the high-volume streets. The proposed monthly rates are $2.54 for each single family residence and $1.76 per unit for multi-family units. Businesses are grouped into categories based on the number of trips generated by the type of business. Those businesses would be charged a monthly rate per unit (typically per 1,000 square feet of gross floor area). The total monthly charge for each business would be the rate for the category the business falls under multiplied by the number of units measured for that business. Council has the authority to establish the Street Maintenance Fee by ordinance. The proposed fee could be adopted by ordinance and the rates established by resolution. If Council does approve implementation, the effective date for the fee could 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. Periodic review of the rates established and the maintenance needs would be built into the establishment of the fee. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Timely maintenance of the street infrastructure meets the Tigard Beyond Tomorrow goal of Improve Traffic Safety. The implementation of the Street Maintenance Fee meets the goal of Identify and Develop Funding Resources. ATTACHMENT LIST 1. Notices given: a. Notice of Public Hearing published in the Tigard Times April 3, 2003 b. Notice of Public Hearing mailed to various citizens and businesses who gave previous input c. Copy of announcement at the City website 2. List of written comments received to date 3. Copies of letters/emails received to date FISCAL NOTES None at this point. The implementation of the Street Maintenance Fee would provide funding for street maintenance, limited ROW maintenance, limited sidewalk maintenance, and street light and traffic signal system energy costs and maintenance. I:U:ng\Gus\Council Agenda Summaries\Street Maintenance Fee Public Hearing.doc • • • 71 ' CITY OF TIGARD OREGON Notice of Public Hearing The TIGARD CITYZOUNCIL on Tluesday, April 22, 2003 at 730 PM at the City of Tigard Town Hall, 13125 SW Hall Blvd.;.-Tigard, Oregon, will cotisidei. Street Maintenance _IFee The Tigard City Council will receive public input regaiding the . proposed Street, Maintenance Fee. Council direction. or any Suture action on 'the prbposed-See 'is expected after~the,,hearirig Iias'-been . conducted and Council hag' had theopportunity 'to consider. all the idfo..M idn. ~idgd fo'them°i~egarding the proposed.feea~~4 1040' do"n MMlible at'CRY.4l413125. SW Hall-BlvB:j,M- gard, Oce~on q7 2J, :.;Further _ infor~iafion_ may, be' obtWnedj&* .the En' " - .Department,,.by.:call--'503-=638-4171 or.:checkipg our we s1tcAt _.W.W'- 'ci Tgard or us,. ` r; f; ~TT:102Q9k~-:blis,>x Apri13, 2003. April 11, 2003 CITY OF TIG D OREGON Notice of Public Hearing Tigard City Council Tuesday, April 22, 2003 7:30 PM STREET MAINTENANCE FEE The Tigard City Council will receiva public input regarding the proposed Street Maintenance Fee. Council direction or any future action on the proposed fee is expected after the hearing has been conducted and Council has had the opportunity to consider all the information provided to them regarding the proposed fee. Information is available at City Hall, 13125 SW Hall Blvd., Tigard, OR 97223. Further information may be obtained from the Engineering Department by calling 503-639-4171 or the agenda item may be downloaded from our website at K www.ci.tigard.or.us (select City Council Agenda from Quick Links or Street 2 Maintenance Fee from the Hot Topics). 3 a ~:1awwswtael malntenar" fwVcdm g3ik MxNO «4.72-7 vW.d= 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 OwnerContact ContactCompanyNa Address CityStateZip PropertyOwner me Karianne Cole - Albertsons 250 Parkcenter Boise, Idaho Albertsons Public Affairs Boulevard 83706 Barclay's Realty & 9777 Wilshire Blvd., Beverly Hills, Tigard, Center LP Management Co Ste 1009 CA 90212 Mike Minter, Costco Wholesale 7855 SW Dartmouth Tigard, OR Costco Assistant 97223 Warehouse Mgr Ms. Gail Tsuboi Costco Wholesale 999 Lake Drive Issaquah, WA Costco Corporation 98027 Shanna Lehman Deloitte & Touche 2235 Faraday Ave. Carlsbad, CA BPP Retail LLC LLP Suite O 92008 Forum Properties Five Centerpointe Dr Lake Oswego, BIT Holdings Suite 2 OR 97035 LTD Partnership Dick Clark, Vice Fred Meyer Stores, PO Box 42121 Portland, OR Fred Meyer President Inc. (04002/33-R) 97242-0121 Stores, Inc. Dr. Steve Louder Tigard-Tualatin 6960 SW Sandburg Tigard, OR Tigard -Tualatin School District Rd 97223 School District Jeffrey H. Keeney Tonkon Torp LLP 1600 Pioneer Towner Portland, OR Costco 888 SW Fifth Avenue 97204 Kathy Nash PURS 11410 SW 68th Tigard OR Parkway 97223 Michelle Korb, Nordstrom 9700 SW Washington Tigard, OR Store Manager Washington Square Square Road 97223-4480 Jack Reardon, Washington SCM, CMD Brian Kovacich Embassy Suites 9000 SW Washington Tigard, Or Hotel- Portland Sq Rd 97223 Washington Square Gene McAdams 13420 SW Brittany Tigard, OR Drive 97223-1530 Mark D. Whitlow Perkins Coie 1211 SW Fifth Ave. Portland, OR Suite 1500 97204-3715 t C 2 i i i i ~~1 ar b 17Y STRAP > Streetl~aintenanceFee LEty~g1L n ineering artments > E ~ u> city fall > DeF FTt;;~ 11 APr 2003 city vtotlI ft igartt, oregot1 city of F1e1p ~ibrarY Police corn~unitY easiness ance Fee Mainten city HaU Fe > et • En ineerin Stre $ealeh tenanC search for... Street Malnii pee1ts d Items Ho_ Relate i a, Zooal :.5~ nc 5 rate ies RePOTs ed SW Pe Ott Oct Dina s dat taste e Links Information uest'►_ons_ utes ked R Mee wick As Needs Mi _o_tlY-_ ce n Fr _ ti - 4i = mi~ees d - 4 uenrltenan k Force public AP "earl" 2 com Os s_= :.80ard5 & tC et Mat 111 - Bid ~reakd tl 11 voce ol Stra e9 TueSflaY, ppenin s :cements Advert ► pe~~- f free ends T9° P S°wn Hall :.c► Council A TransPorta ent you will need the free e Newsletter s ~nyestm ws Mew ard :.Ci sca ti ard UV/~ the video. w protecting our MB to vie nstruction in fee :.co entfvade Video uali~lt=2- i, % % for viewing Maintenance veeloPr!-' dar OV- Q ~ 9. 1 ard Libra r-Y tCe et Eve tscalen_--- ealitY= a $ s Medium_'Q 31.5_ Mg from the T~~ ring on Vie 03, City :.fo_~.' ortunit;esyi9h QualiMY be checked out public heduHed for ,,%12 on March j3hearin9 to receive :.yob o ay also Sc meeting ublic :.New to ti -4 - The video m of council mconduct a P Street lishmenton pt the CO ecided to d as been hearing h ril 22: Ke_ the estab Cre9 Hell d to co the Propose Packs ublic on 9ard lement the the Con ut reg in Ti code Of Tigard is IPP considering vestme and Public inP ance Fee• the CityCouncil m eeCotiun9ncil direction ° nities AP Man►c: pver~►iew That P nntCe in ;,ti ard , The City the City s in expecte to dined for in Town Hall. p5ed fee d is ai ntenance o ect to s' V olunteer o or C°U it has ma;n dedicated Mainten et M Tax and P h timely . ax has sche t 7 :30P •m • the prop :.Water ptvts►on a Stre throng _ vj be 3 a action on ducte and ation State Gas cture this fee as tax an' fu a has been con all the inform infrastru from stem. The ga costs ture to consider osed fee• services Ct pair The re of the street sc de As oiler m the 9 after the line he ortu ity the Prof not hesitate to pGIs s ance in a de uately had the oPp th regardin g deA G1S On Ma mainten increased t available fro Provided to em lease do aun er a catalog= been ear, the a e and can no he eXist rig :.l-►brarY-- not needs questions, p WlLinet decreas have any istrat:o_ rise each leaf, e o ut►iiW pax en n continuethe maintenance sed on if Y°u 411112003 - address e ba ,Vendor Re fee i5 a monthly fe infrastructure. The Street Maintenance fault.asp street maint_feelde neerin „ i a P,~artmentsl en&i~ City of Tigard > City Hall > Departments > Engineering > Street Maintenance Fee Page 2 of 2 the number of trips a particular land use generates contact: and would be collected through the City's regular monthly sewer and water bill. Users of the road Gus Duenas Diane Jelderks system share the costs of the corrective and (503) 639-4171 x2470 or (503) 639-4171 x2465 preventative maintenance needed to keep the street gus ci.tigard.or.us dianei@ci.tigard.or.us system operating at an adequate level. The implementation of this fee was recommended to the City Council 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. These web pages include a synopsis of the Street Maintenance Fee and the Street Maintenance Fee Study Report that we prepared to determine fees that would be paid by residents and businesses within Tigard. Please review the information and provide us with comments as early as possible. Printer Friendly Version (IE 5.0+ or Netscape 6.1+ only) Questions, comments, suggestions? Fill out the feedback form. Legal Disclaimer Privacy Policy City of Tigard 13125 SW Hall Blvd, Tigard, OR 97223 (503) 639-4171 http://www.ci.tigard.or.us/city_hall/departments/engineering/street_maint_fee/d`efault.asp 4/11/2003 Mayor Jim Griffith December 9, 2002 Members of the City Council City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Proposed Road Maintenance Fee Dear Mayor Griffith and Council Members; I am writing on behalf of the 140 merchants at Washington Square who will bear 12% of the total annual cost of the Proposed Road Maintenance Fee if approved by the council. There are several reasons we feel this proposed fee is inequitable and oppressive. 1. Retailers have no way of recovering the expense. In almost all cases the prices for merchandise are set corporately or regionally for each store. Businesses other than retail are in a very competitive environment and will also have a difficult time recovering the expense. Therefore, the fee will be a direct expense reducing the bottom line of most every commercial business in Tigard. 2. The budget proposed for this fee covers more than additional needs of the city for street maintenance. Most cities and counties, as well as the state, receive enough funding from the gas tax for maintenance purposes. It is the capital projects that the present gas tax revenues fall short of funding. Staff admittedly will, with this new fee, be able to free up dollars for capital projects by shifting dollars presently received from gas tax revenue sharing. We don't believe the business community should bear the burden of providing funding the voters have recently rejected. 3. The tfip generation method of computing,the rates is inequitable. This formula may be an acceptable and reasonable way to determine development 1 fees, but does not work very well for determining this unusual type of fee. i The trip generation of a shopping center like Washington Square, or even a business operating along Hwy 99, is primarily dependent on the major highway system. None of the revenue from this fee would go towards funding improvements to the major roadway system that this region so desperately 'p needs and the merchants at Washington Square depend on so heavily. 4. A fee of this nature should be the same across the region, or at the minimum, countywide. The city of Beaverton is not planning to propose this type of a fee. Therefore, revenues from such fees imposed on businesses at Washington Square, in addition to providing no direct benefit to the merchants at Washington Square, will provide no benefit to the other jurisdictions located in the Washington Square market area. Believing there is a strong need for additional transportation funding, Washington Square has been an avid supporter, through our involvement in the Westside Economic Alliance, of an increase in user-based taxes or fees for road maintenance and capacity improvements. However, we feel a fee imposed primarily on business is a very inequitable method of attaining additional funding. In this difficult economic climate, business is already finding it a strain to make a profit and cannot afford to bear the burden of non-user based fees for maintaining city streets, street lighting, and sidewalks that primarily benefit the residents of the city. Therefore, we feel it is bad policy for individual cities to decree such fees. We respectfully ask that the council NOT approve the Proposed Street Maintenance Fee and alternately continue to work with the other jurisdictions in the region to develop user-based funding for regional road improvement programs. Thank you for your consideration. Sincerely, Jack Reardon, CSM, CMD Senior Manager, Property Management 9L OC CA a m W Lopies to: Mayor/Council ✓ Other: City Manager Liz. Council File ra U-S wl- 13420 S.W. Brittany Drive Tigard, Oregon 97223-1530 December 3, 2002 REEIFTED CN Mayor Jim Griffith City of Tigard, Oregon 13125 S. W. Hall Blvd. Tigard, Oregon 97223 a Dear Mayor Griffith: This letter is forwarded to request time to describe and explain apparent deficiencies in the present status of the IG Ems" Cti~ r pposal which is to be considered at your December 17, 2002 Council meeting. I will need (and request) at least 15 minutes to outline the most salient issues. 1 recognize and understand this meeting will probably be classified as a "Council Worksession". Traditionally, the agenda for such meetings does not include any authorization (not even two minutes) for public comment. As the presiding officer, I presume you are empowered to grant my request. Respectfull , 9 i i G.E. McA ams i Page 1 of 1 15M r- Dear Tigard Mayor and Staff, I have been a Tigard resident and property owner for the past 7 years. I truly enjoyed the new homes, parks and easy access to the major shopping malls. As you all know, my property tax was increased over 10% due to the new library and school bond which I voted to support. I have just leaned the news about Street Maintenance Fee. How will that affect my decision to continue to live in Tigard? I came across a house in the premier LADD's Addition in Portland with the same square footage like the one I have in Tigard. The property tax on the LADD's addition house is only $3800 vs the $4200 I paid this year in Tigard. I am in serious concerns as what's going to happen to my financial responsibilities to continue to live in Tigard. In addition, the DSL and cable bills are lower in City of Portland as well. Best regards, Will Hu Get your own "800" number Voicemail, fax, email, and a lot more hU://www.ureach.com/rgg/tag i i i i file://C:\WINDOWS\TEMP\GW}00008.HTM 12/2/02 A&' NORDSTROM November 4, 2002 City of Tigard Mr. Gus Duenas i 3125 SW Hall Blvd. Tigard, OR 97223 Re: Street Maintenance Fee Dear Mr. Duenas, This letter shall serve as Nordstrom, Inc.'s written opposition to the Street Maintenance Fee and we respectfully ask the City Council to disapprove such a fee. While we acknowledge the City of Tigard's need to protect its investment in the street infrastructure, we believe this fee is disproportionately assessed against businesses. We feel there is a more equitable manner to assess such fees for an investment that benefits all members of the community. Sincerely, Michelle Korb 1 j Store Manager Nordstrom Washington Square 0 9700 Southwest Washington Square Road, Tigard, OR 97223-4480 (503) 620-0555 www.nordstrom.com AUG 07 2002 16=35 FR PERKINS COIE LLP 503 727 2222 TO 95036847297 P.02/W y Perkins Coin Marls V. VAOVw un S.W. Fifth Avenue, Suite 1500 mom 503.727.2073 Portland, OR 97204.3715 EmA=trNb lovQ0a cinscok=com PHONE-503,727.2000 FAX. 503.727.2222 www.perkinscole.com August 7, 2002 BY 1FACSEMLE Mr. Bill Monahan City Manager City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Proposed Street Maintenance Fee Dear Bill: Enclosed is a copy of the draft letter which we are prepared to send to the Mayor and City Council as discussed in our telephone conversation last evening. As also then discussed, we would like to have the opportunity to first review this matter with you and the City's attorney. ;Very y~yours, Mark D. Whitlow MDW:djf Enclosure cc: Tian Ramis Gary Firestone ANCHORAGE • BEIJING BELLEVUE BOISE CHICAGO DkNV%k HONG KONG LOS ANGELES MENLO PARK - OLYMPIA PORTLAND - SAN FRANCISCO - SEATTLE SPOKANE • WASHINGTON. D.C. 13692"W4,7AM190.103j Perkins Cole u.P (Perkins Cole LLC in Illinois) AUG 07 2002 16:35 FR PERKINS COIE LLP 503 727 2222 TO 95036847297 P.03i06 DRAFT Mark A Whitlow mme 503.727.2073 MXA= mwhitlow@p~k-C= August 7, 2002 Hon. Jim Griffith, Mayor and Tigard City Council 13125 SW Hall Blvd_ Tigard, OR 97223 Re: Proposed Street Maintenance Fee Dear Mayor Griffith and Council Members: This letter is written on behalf of the Oregon Grocery Industry Association (001A), whose representative members include Albertson's, Fred Meyer, Safeway and WinCo, as well as grocery industry wholesalers, brokers, manufacturers and suppliers. The OGIA has 6 members representing 12 business locations within the City of Tigard. Please make this letter a part of the City's record in these proceedings. We understand that the City is considering enacting a Street Maintenance Fee ("SW") for purposes of fiinding maintenance and improvements to streets, sidewalks, streetlights and traffic signals within the public right-of-way in Tigard. OGIA and its members respect the City's exploration of alternative means to finance needed public improvements. However, the adoption of this "fee" will create an unacceptable precedent for the adoption of taxes disguised as fees throughout the region and the state. We would urge the City to withhold the adoption of the proposed SMF in favor of seeking an acceptable alternative solution to +lie transportation system funding problem. Even if the "fee" were not a disguised tax, there are numerous other problems with its structure, including a disproportionate fee allocation methodology resulting in payments disproportionate to system impacts. However, we believe that the proposed "fee" would be subject to a successful challenge as a tax for the reasons set out below. If the City is determined to go forward with the adoption of an ordinance enacting the SW, we are prepared to file a complaint for declaratory relief in Washington County rJ05&0X4fFA022120.065I AUG 07 2002 16:35 FR PERK I NS CO I E LLP 503 727 2222 TO 95036847297 P.04/06 August 7, 2002 Page 2 Circuit Court similar to the draft complaint attached to this letter. We would also consider filing an appeal under Measure 5 in the Oregon Tax Court. First, the SMV is beyond the authority of the City of Tigard to impose, because it is actually a tax, and the city's charter does not authorize the enactment of a tax for purposes of raising revenue for city-wide street maintenance. Second, the SMF violates the Uniformity Clause of the Oregon Constitution. Third, the SMF appears to be a tax on property that is invalid because it is not levied on an ad valorem basis, and because it exceeds the property tax limitations created by Article M, Section l lb of the Oregon Constitution. Despite the City's attempt to characterize the SMF as a fee, it is clearly a disguised tax. The supporting documents leave no question that the City is attempting to find an alternative source of general revenue to fund maintenance of public right-of-way that will benefit the entire city. The Oregon Supreme Court has held that any governmental charge, the primary purpose of which is to raise revenues for general public benefits, is a tax., This is true regardless of the structure of the charge and regardless of the label applied. In the Sproul case, the court noted that the label placed on a governmental exaction (i.e., 11=11 or "fee") is not conclusive of the nature of the levy." Sproul, 234 Or at 581. Thus, courts must look at the underlying purpose of the levy, and determine whether it is assessed against the entire jurisdiction for benefits accruing to everyone, in which case it is a tax, or whether it is responsive to more specific regulatory needs that are occasioned only by those on whom the levy falls, in which case it is a fee. Id. at 587-93. The City documents supporting the SMF state that the SMF is needed to provide a supplemental revenue source to replace declining gas tax revenues. The obvious city-wide public purposes giving rise to the SMF make it a tax, notwithstanding the drafters' efforts to disclaim that characterization. Because the purpose of the SW is to generate revenue for city-wide public benefits that will be paid by everyone in the city, it is by definition a tax under the applicable case law. The Charter of the City of Tigard does not provide the See, e.g., Haugen v Gleason, 226 Or 99, 104 (1961), where the Oregon Supreme Court explained that the appropriate test for whether a "fee" is really a tax is "whether the primary purpose of the county is to accomplish desired public benefits which cost money, or whether the primary purpose is to regulate...." By the City of Tigard's own admission in the documents supporting the SMF, the primary purpose of the SMF is to create a funding source to replace declining gas tax revenues for the maintenance of public streets. The primary purpose of the SMF is not to "regulate" streets, rather, it is to generate money to pay for general public benefits associated with city-wide street maintenance, See also Sproul x State Tax Corn., 234 Or 579 (1963). 1369964M4MAD22120.06$1 sM 02 AUG 07 2002 16:35 FR PERK I NS CO I E LLP 503 727 2222 TO 95036847297 P.05/06 August 7, 2002 Page 3 council with authority to enact a tax for purposes of maintenance of the public right- of-way. In the leading case in this area, a "street utility charge" imposed by the City of Seattle (very similar to the proposed SMF) was thrown out by the Washington Supreme Court for being a tax, and not a regulatory "fee." In Covell v City of Seattle, 905 P2d 324 (Wash. 1995), the court relied in part on the Oregon Supreme Court's decision in Haugen in creating a three-part test, the first portion of which is to determine "whether the primary purpose of the [city] is to accomplish desired public benefits which cost money, or whether the primary purpose is to regulate." Covell at 327 (quoting Haugen). The Covell court found that the "fee" was really an impermissible tax because the focus of the ordinance was on generating funding for the general public benefit of improving streets, not regulating the use of city streets by those being assessed. The court held that the fee was really a tax because: "the revenue to be collected bears no relationship to the regulation of street traffic, but is to generate funds for the nonregulatory function of repairing streets." Covell at 331. The same statement could be made about the City of Tigard's proposed SW - its purpose is to generate fimding for public benefits associated with streetscape improvements throughout the City. It has nothing to do with regulating the use of streets. Under the test applied by the Oregon Supreme Court in Haugen, and adopted by the Washington Supreme Court in Covell, the SMF is plainly a tax, not a fee, and is therefore beyond the city's authority to enact.Z Not only is the SNT a tax, we believe it is a property tax. By its terms, the SMF is imposed upon the use of property. This conclusion is not negated by the fact that the SMF will be collected through water or sewer bills. This is proven, among other ways, by the fact that if there is no water service to the property, the use of the property is still subject to the SW. The SMF is an impermissible tax on property because it is not levied on an ad valorem basis it is levied based on estimated traffic impacts, rather than on assessed value. Also, the tax would be in violation of the property tax limitations imposed by Article n Section 1 lb of the Oregon Constitution. s See also Samis Land Co. v. City of Soap Lake, 23 P3d 477, 484 (Wash. 2001) (holding that the city's "standby charge," which was imposed on unimproved land abutting eity water and sewer lines, was really a tax and not a fee: "The city's primary legislative motivation here was to generate additional revenues to finance broad-based public improvements, not to 'regulate those entities paying the standby charge.') fMgC.aooarnwozsrso.oasl 8/7/02 AUG 07 2002 1635 FR PERKINS COIF LLP 503 727 2222 TO 95036847297 P.06/06 August 7, 20012 Page 4 Additionally, as a tax, it violates the Uniformity Clause of Article I, Section 32 of the Constitution of Oregon, which requires that "all taxation shall be uniform within the territorial limits of the authority levying the tax." While classifications are permitted within a taxing jurisdiction, the City's proposed charges are not applied uniformly based upon the value of the property or other actual, qualitative differences, but instead are based upon estimated traffic impacts. As explained by Oregon Supreme Court: "A classification, to survive the protections of the uniformity in taxation clauses of the state constitution, must be based on real differences between the subjects disparately treated by the classification." Mathias v Dept. of Rev , 312 Or 50, 59 (1991). The City's exclusive reliance on estimated average trips in creating the SMF classifications does not satisfy this requirement, and the SMF is in violation of Article I, Section 32. For all of the above reasons, OGIA, requests that the City decline to adopt the proposed SMF. In the alternative, we request that adoption of the SW be deferred pending further deliberations and discussions with affected segments of the industry. Respectfully submitted, Mark D. Whitlow MDW:djf cc: Augustin P. Duenas, P.E. Bill Monahan, Esq. Gary Firestone, Esq. OGIA C s t I • I I 13692"004MA022120.06M =17102 ~Kxc TOTAL PAGE.06 u Mc>rz a F~ az~,. Co us Albertsons' July 22, 2002 RECEIVED C.O.T. The Honorable James Griffith JUL 2 6 2002 Office of the Mayor Administration City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mayor: On behalf of Albertsons, thank you for the opportunity to submit our concerns over the proposed Street Maintenance Improvement Fee (SMIF) being considered by the City of Tigard. We understand the tight fiscal situation facing the City of Tigard and we appreciate the difficulties in maintaining increasing levels of service coupled with the challenges of rising operating costs and inadequate funds available from the gas tax. Albertsons is committed to supporting the communities in which we operate. We are privileged to operate in Tigard and throughout Oregon, and we feel that our level of service and our participation within each community demonstrates our recognition of that honor. Our concern with the proposed Tigard SMIF is threefold. First, we believe that the proposal is inherently inequitable. As the proposal is written, there is a significantly higher portion of the SMIF costs borne by businesses in the community, as compared to other land-owners. Albertsons is committed to working with the City of Tigard to develop a much more equitable approach to maintaining streets and sidewalks. Secondly, it appears that Tigard is basing their cost-allocation formula on the concept of "generated trips" from the Institute of. Transportation Engineers (ITE) Manual. We contend, however, that grocery n stores tend to be what the ITE refers to as "diverted linked trips." Consideration of diverted trips would create a much more balanced approach to the cost of the Tigard SMIF. Instead, the retail industry bears a almost the entire burden of the proposed fee. The assumption that retail businesses impact the local a transportation system more than other classes is unsubstantiated. u Finally, we are concerned with the city's authority to implement the Street Maintenance and Improvement Fee. It is this very question of authority, in fact, which gave rise to a successful lawsuit from a retail coalition against the city of Portland and the SMIF proposal there. The City of Portland, as a result of the legal challenge, repealed their street fee proposal. The Oregon Grocery Industry is committed to monitoring and taking action against street fees and other disguised taxes, as they did with the Portland proposal. ALBERTSON'S, INC. / GENERAL OFFICES / 250 PARKCENTER BOULEVARD / P.O. BOX 20 / BOISE, IDAHO 83726 / 208-395-6200 Albertsotw Mayor Griffith Page 2 July 22, 2002 For these reasons, it is our hope that you will reconsider your SMIF proposal and allow Albertsons to work with you to develop a much more regional and comprehensive approach to transportation funding needs throughout Oregon. We look forward to working with you. Please do not hesitate to call should you have any questions. I can be reached at 208/395.6410. Si cerely, arianne Cole Sr. Government Relations Representative cc: Councilor Brian Moore Councilor Ken Scheckla Councilor Craig Dirksen Councilor Joyce Patton Augustin Duenas Joe Gilliam ALBERTSON'S, INC./ GENERAL OFFICES/ 250 PARKCENTER BOULEVARD/ P.O. BOX 20/ BOISE, IDAHO 83726 / 208-395-6200 Submitted from the Oregon Grocery Industry Association Representative There are six key components that must be part of any funding mechanism: 1. The charge must be a fee, not a tax on property. 2. The fee rate must have parity between residential and commercial fee payers 3. It should be based on a quantifiable standard that is easy for any fee payer to understand. 4. All projects should be prioritized and completed to the extent of funds available. 5. The total amount of the fees collected should be directly tied to the cost of the prioritized projects. 6. The fee should under go periodic review and be adjusted to reflect the completion of projects and the commencement of new projects. L 'r 5 i i Gus Duenas - street maintenance fee Pa e 1 From: <Bkovacichgm@aol.com> To: <gus@ci.tigard.or.us> Date: 2/4/03 11:OOAM Subject: street maintenance fee Dear Mr. Duenas, My name is Brian Kovacich and I am General Manager of the Embassy Suites Hotel here in Tigard. Can you please tell me what land use category my business would fall into and what would be the unit of measurement in determining our monthly charge if the street maintenance fee is implemented. Thank You! Brian Kovacich Embassy Suites Hotel-Portland Washington Square 9000 SW Washington Square Road 503 644 4000 f i i i Stre P City of Tigard April What is the Street Maintenance Fee? • Monthly user fee based on trips generated by land uses o Typically collected through existing utility bills from residences and businesses within the city . Designated for use in the maintenance of the transportation system z i What Does It Do? • Protects the city's investment in the street infrastructure • Provides revenue to adequately maintain the city streets • Allows the cost of the preventative and corrective maintenance to be shared by the users of the street system 3 Need for Timely Maintenance • Timely maintenance provides safer roads • Timely maintenance extends pavement life significantly • Deferred maintenance costs 4 to 5 times more (i.e. pavement overlay vs reconstruction) 4 2 Need for Timely Maintenance E7(C"Aff GOOD 40% Owp In Qx* s, 00 tot RMYOMCIbn HMs PAIR 75% Of t1N POOR 40% Owp h A~~ol7 WI{ Cod $4.00 VERY POOR 12%-3-A r/ to $5.00 HMO FAILED 1 2 J 4 6 6 7 6 9 10 YEARS 5 Street Maintenance Needs 9 The City's 140 miles of paved streets is old and in need of maintenance 9 The maintenance backlog is now over $4 million 9 Many streets now require overlay or reconstruction 6 3 Tigard's Funding Shortfall • State gas tax is primary source of funding for street maintenance • Gas tax has not increased in a decade • Funding for overlays and slurry seals has steadily decreased over the years- $120,000 for FY 2003-04 • Gas tax has ceased to be a viable source of funds Transportation Financing Strategies Task Force • Formed by City Council to determine funding strategies for • Corrective and preventative maintenance of City Streets • Reconstruction and widening of collector streets to meet current and future traffic demands • Recommended the Street Maintenance Fee to Council 8 4 Street Maintenance Fee Used By Other Cities • Other cities adopting the fee include Tualatin, Wilsonville, Klamath Falls, Ashland, etc. • Residential rates typically between $2.00 to $5.00 per month • Implemented through Council action 9 Implementation • Council can establish the fee by ordinance • Rates can be established by ` resolution • Periodic review of rates and ' maintenance needs can be built into the establishment of the fee 10 5 Street Maintenance Fee • Includes four maintenance elements • Street Maintenance (ongoing) • Rights-of-way Maintenance (new program) • Sidewalk Maintenance (new program) • Street Light and Traffic Signal Maintenance (ongoing) Street Maintenance Element e Preventative and corrective maintenance on the City streets - Pavement overlays and slurry seals - reconstruction r • Amount needed annually: $800,000 • Amount is sufficient to address backlog as part of a long-term plan u 6 Rights-of-Way Maintenance • Covers the area between the sidewalk and the right-of-way line on collector and arterial streets • Adjacent homes typically separated by a wall and have frontage on interior streets • Would be a new program • Amount needed annually: $270,000 13 Sidewalk Maintenance • Maintenance and repair of sidewalks - Replacement of panels that pose a tripping hazard - Routine maintenance each year - Would be a new program • Collector and arterial system only • Annual amount needed: $90,000 14 7 Street Light and Traffic Signal Maintenance • Includes energy costs and maintenance for -street light system -traffic signal system • Annual amount needed: $445,000 15 Street Light and Traffic Signal Maintenance • Street Maintenance Fee revenue would supplement gas tax funds CL • Gas tax could be used for: n - Street and sidewalk projects - Revenue bonds for major street a projects - Repayment of loans to expand major streets 16 g Revenue Amount Summary Street Maintenance $800,000 ROW Maintenance $270,000 Sidewalk Maintenance $ 90,000 Street light and Traffic Signal $445,000 Energy and Maintenance Total Annual Amount $1,605,000 17 Fee Methodology • Inventory of existing uses on occupied parcels in the City • Establish net trip generation values for the uses incorporating pass-by trips - 6th Edition Institute of Transportation Engineers Trip Generation Manual - ITE Trip Generation Handbook (March 2001) • Divide uses into groups 18 9 Land Use Categories • Single Family (Detached) • Multi-Family • Non-residential Group 1 (0-20) • Non-residential Group 2 (<20 - 100) • Non-residential Group 3 (<100 - 400) • Non-residential Group 4 (Special) 19 How Much Are The Rates? • Single family dwelling unit - $2.54 per month flat rate • Multifamily dwelling unit - $1.76 per month flat rate • Home Occupations treated as residential (single or multifamily) • Businesses - Fees will be based on the group rates and on the units of measure for each land use category 20 10 Summary of Rates Land Use Street ROW Sidewalk Street Light Total Category Maint. Maint. Maint. and Signal Monthly System Rate Maint. Single $1.2639 $0.4266 $0.1422 $0.7031 $2.5357 Fatnil Multi- $0.8756 $0.2955 $0.0985 $0.4871 $1.7567 Family Orott 1 $1.0341 $0.3490 $0.1163 $0.5752 $2.0746 Chou 2 $5,5315 $1.8669 $0.6223 $3.0769 $11.0976 Clrou i 3 $26.7783 $9.0377 $3.0126 $14.8954 $53.7239 orou 4 $0.3570 $0.1205 $0.0402 $0.1986 $0.7162 21 Sample Rates for Businesses CATEGORY GROUP MONTHLY ANNUAL Church: Assume a 15,000 at facility. 1 $31.12 $373.43 Elementary School: Assume a 70,000 st 1 $145.22 $1,742.66 facility. Homo Improvement Superstore: 2 $1,331.71 $15,980.54 Assume a 120,000 at store. Free Standing Discount 2 $1,553.66 $18,643.97 q Superstore: Assurne a 140,000 at store. Gasoline/Service Station: Assume a 2 $133.17 $1,598.05 J facl!lty with 0 pump Islands, yielding 12 vehicle fueling positions. Bank: Assume a 7,000 at bank. 3 $376.07 $4,512.81 .~I Fast Food Restaurant: Asaumo a 3 $214.90 $2,578.75 4,000 of restaurant. 22 11 What's Next? • Public hearing to receive input from citizens, businesses and the general public • Direction from Council on possible implementation 23 For More Information: • Check the City's web site - www.ci.tigard.or.us • Contact: Gus Duenas City Engineer (503) 639-4171 x2470 email address: gusC@ci.tigard.or.us 24 12 Page 1 of 1 Cathy Wheatley - info for City Council meeting From: "Mark Padgett" <mark@padgett.net> To: <cathy@ci.tigard.or.us> Date: 4/22/03 10:34 AM Subject: info for City Council meeting CC: "Jerree Gaynor" <jerree@ci.tigard.or.us> At the Tigard Planning Commission meeting on Monday, April 21, during the discussion on home occupations, a point came up regarding the proposed street maintenance fee. One of the possible proposed changes to the code that will be recommended by the Planning Commission is to incorporate language in the code encouraging zero-impact home occupations. We put it on the record last night that, since our intent is to encourage more people to work at home for the betterment of our community, that we did not want to "penalize" them by having their home offices assessed at a commercial rate for purposes of the street maintenance fee. City Engineer Gus Duenas testified that there were no plans to include home offices in the commercial category at this time, and the Planning Commission expressed its support to make that policy an official part of any street maintenance fee. Thank you. Mark Padgett President, Tigard Planning Commission voice 503.590.5226 fax 503.590.5227 email mark adgett.net i . f file://CAVV1NA0WS\TEMP\GW) 00011.HTM 4/22/03 mmn FRANK and LAMAE BATES 15683 S.W. Si:mZMERFIELD LANE TIGARD, OREGON 97224 April 22, 2003 Tigard City Council 13125 S.W. Hall Blvd. Tigard, Oregon To Whom It May Concern: We wish to express our support of the proposed Tigard Road Fee for the maintenance of our streets, sidewalks, streetlights and right-of-ways. This fee is necessary to maintain the quality of living in our community. Our streets are currently in need of serious maintenance and the current amount being received for this purpose from the state's gasoline tax is inadequate to the task . We respectfully urge the City Council to reach a decision on this fee as soon as this meeting, so that the delay in repairs will not be extended any longer. Thanking you in advance for your consideration, we remain Very truly yours, d Frank E. Bates _ oyot %y~ 0 LaMae L. Bates w; /2 ~b3 I rY't cLr Gt-~ WASHINGTON SQUARE April 22, 2003 Mayor Jim Griffith Members of the City Council City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Proposed Road Maintenance Fee Dear Mayor Griffith and Council Members; I am writing on behalf of the 140 merchants at Washington Square who will bear 12% of the total annual cost of the Proposed Road Maintenance Fee if approved by the council. There are several reasons we feel this proposed fee is inequitable and oppressive. 1. Retailers have no way of recovering the expense. In almost all cases the prices for merchandise are set corporately or regionally for each store. Businesses other than retail are in a very competitive environment and will also have a difficult time recovering the expense. Therefore, the fee will be a direct expense reducing the bottom line of most every commercial business in Tigard. 2. The budget proposed for this fee covers more than additional needs of the city for street maintenance. Most cities and counties, as well as the state, receive enough funding from the gas tax for maintenance purposes. It is the capital projects that the present gas tax revenues fall short of funding. Staff admittedly will, with this new fee, be able to free up dollars for capital projects by shifting dollars presently received from gas tax revenue sharing. We don't believe the business community should bear the burden of providing funding the voters have recently rejected. 3. The trip generation method of computing the rates is inequitable. This formula may be an acceptable and reasonable way to determine development fees, but does not work very well for determining this unusual type of fee. The trip generation of a shopping center like Washington Square, or even a business operating along Hwy 99, is primarily dependent on the major highway system. None of the revenue from this fee would go towards funding improvements to the major roadway system that this region so desperately needs and the merchants at Washington Square depend on so heavily. 4. A.fee of this nature should be the same across the region, or at the minimum, countywide. The city of Beaverton is not planning to propose this type of a fee. Therefore, revenues from such fees imposed on businesses at Washington Square, in addition to providing no direct benefit to the merchants at Washington Square, will provide no benefit to the other jurisdictions located in the Washington Square market area. W r- M A K E G O O D T H I N G S 14A P P E N Washington Square - Square Too 9585 S.W. Washington Square Road • Portland, OR 97223 - Phone 503.639.8865 • Fax 503.620.5612 Mailing Address • P.O. Box 23635 • Tigard, OR 97281-3635 www.shopwashingtonsquare.com • A Macerich Company Property - www.macerich.com c Believing there is a strong need for additional transportation funding, Washington Square has been an avid supporter, through our involvement in the Westside Economic Alliance, of an increase in user-based taxes or fees for road maintenance and capacity improvements. However, we feel a fee imposed primarily on business is a very inequitable method of attaining additional funding. In this difficult economic climate, business is already finding it a strain to make a profit and cannot afford to bear the burden of non-user based fees for maintaining city streets, street lighting, and sidewalks that primarily benefit the residents of the city. Therefore, we feel it is bad policy for individual cities to decree such fees. We respectfully ask that the council NOT approve the Proposed Street Maintenance Fee and alternately continue to work with the other jurisdictions in the region to develop user-based funding for regional road improvement programs. Thank you for your consideration. Sincerely, Jack Reardon, CSM, CMD Senior Manager, Property Management i, 1 p w av rt~-..~ Esc . . ITE $u;d Supermarket Daily Trip Data Number of Studies: 2 Average Store Size: - 27,000 square-feet ■ Caution- Use Carefully - Small Sample Size" _ i a~ -r ~~a ya,,{ Fx zi's «iq.tt '.'•'°G' Mc"4~x.s*.„m•- v t hf.~a$ t y {r :t'k ' .,ry r • . S`T'y F ' yr v r ck of °~C x 1 P 4 70. tt ,~9x:sV'`Sta?:r~ tS..cdca;~::i',a;s'.gc ik'+~i3a xt_,...+~`,.•S:<~,.aa.,~~xt,~,~.3,... r.o...-kv1° I*Tt • Sup6r -market P . • M!~ AfM •ad ;..4-awe..r,y •t..ala..rfa. .w 3,860 trips 22,800 sq. ft. r uw mow. 2,100 trips • ' .1 30,600 sq. ft. aa. fix" a+j~ r"~} F.. ~;tn f-t. ~'<< a ~,.s-..4z..~ r. Cy i .n{~- i .,i 1 ..;2._ w),~v:~~;.[s.~.r:,~~s~.a~.nvM~.i:~.aa...a~.,S...i:. s. ,`.z;w~d. ~!_,.A.. ,..kE. .,U:..a. S• 2 ITE. e • and Local usind~s6s i r ~ rr r r r r r r r ~ r r r r r r ~ r - r r )i- r Typical Modern Safeway, Albertson's Typical WinCo 39 40 50 90, 100 Store Size, 1,000 square-feet • ITE recommends use of local data when outside ITE data range 4 t s rk ,w j z i S V-4 1.u .ui.Jfiw"1.ASM. Effective-Avel7POP • Lehg Service Station 0.44 miles Fast Food 0.53 miles Restaurant Supermarket ® 0.85 miles -Amok - General ~ast`w 2.99 miles Retail Office MEW= t• J t. r c 3,94 miles Building n-.~kml c~`01-111s ~:'3~.?;~a~s"`. l Residential5 `L 'a: s!?.,: 7rn c rr r~s07 aw Elementary itc "afZy3%y :SSu ~r 3fvi:* :`1oTgt~r.,:Fi'!fl111e.S~y<~` AMM School Industrial F [*tw1:„rr., zt ~r N a t. ,,;F 3 , Effective • • 6.07 miles Service Station ~ Fast Food rq l Restaurant Supermarket General Retail Office Building Residential Elementary School .x3+tlvakiS+nsa~€_~.?:, k Industrial a~"u S'~* ~u~a xa y :fit tN r ' TM a ` `tt is :~rla`~•7~i '~~~,,}~,',.ly'~„-~j `~.;La `+~R `~~1 ~jf~ '~"i itt`S+~C1~,a`` u:5~,~ 4! t : J'~,L !'y, ~ S' m.•Llrk ri'" ~.Y: { a3 Wt i ~ _Z~' 7 '~i ~ ~,.r. ~ ,ri • s- h WORK ~t HOME PRIMARY TRIP DIVERTED TRIP PASS-BY TRIP INTERNAL TRIP 1J. 'Sfi 11 t. ~tfKi 4`^~,;.~.F ikl l ~F m^, }}.ya; t. h. U > il l'~Y 11 +~11~L~ J.1. ~ ~ f 1! Z' SS's L 4 City Attorney Transmittal Form Date: 4-13-,013 CITY OF TIGARD OREGON To : Tim Ramis Ramis Crew Corrigan U Bachrach, LLP 1727 NW Hoyt Street Portland OR 97209 From: Greer Gaston/Cathy Wheatley City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Please sign the enclosed: X Ordinance - Number 03 - D~ ❑ Agreement - ❑ Other document - And return to the City of Tigard a.s.a.p. in the enclosed self-addressed envelope. Questions? Please contact: Greer Gaston 503.639-4171, x2419 or greer@ci.tigard.or.us Cathy Wheatley 503.639.4171, x2410 or cathy@ci.tigard.or.us 1 Thank you! \\TIG333\USR\DEPTS\ADM\GREER\CITY COUNCIL\FORMS, LISTS\CA TRANSMITTAL FORM.DOC Attachment 1 CITY OF TIGARD, OREGON ORDINANCE NO. 03- Q-Z- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE, CHAPTER 2.12, REGARDING THE PARK AND RECREATION BOARD. WHEREAS, the City of Tigard is a growing community with increasing needs for park and recreation activities; and WHEREAS, the City has completed master plans and improvements to several City parks, but further work remains; and WHEREAS, Tigard has not had a separate Park and Recreation Advisory Board since the dissolution of the former Park and Recreation Board in the early 1990's; and WHEREAS, the Tigard Planning Commission has ably provided advice to the City Council and staff on parks-related issues for more than ten years; and WHEREAS, the City is in need of an advisory group that can focus solely on park and recreation needs of the community. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The City Park and Recreation Advisory Board shall, at its first meeting after the effective date of this ordinance, elect a chairperson and vice chairperson, who shall hold office during the pleasure of the board, and the board shall elect a secretary who need not be a member of the board, and the secretary shall keep accurate records of all board proceedings. i SECTION 2: If any member resigns or is unable to serve the term for which the member was • appointed, the vacancy will be filled as set forth by Tigard City Council resolution regarding the appointment of alternates to boards and committees. i SECTION 3: The Tigard Municipal Code, Chapter 2.12, is hereby amended as shown in the attached Exhibit A, which is incorporated herein by this reference. ORDINANCE No. 03- 02_ Page 1 SECTION 4: Inasmuch as it is deemed necessary for the public health, peace and safety of the citizens of Tigard that an advisory board on park and recreation matters be established, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect on and after the date following its adoption by the City Council and signature by the Mayor. PASSED: By u nk6, MDU5 vote of all Council members present after being read by number and title only, this Lan day of . / 0,-U L , 2003. Recorder Catherine eatley, City APPROVED: By Tigard City Council Us Q` n r! 3ay of , 2003. r . Z ZaZ - Craig . Dirksen, Council President Approved as to form: City Attorney Date 1.\ADM\PACKET'03\20030422\PARK AND RECREATION ORD 2.DOC J a u J r ORDINANCE No. 03- Page 2 Exhibit A. TIGARD MUNICIPAL CODE Chapter 2.12 PARK AND RECREATION 79-27 §2, 1979: Ord. 78-12 §2, 1978: Ord. 72- ADVISORY BOARD. 66A §1, 1972: Ord. 70-11 §1, 1970). Sections: 2.12.020 Meetings. 2.12.010 Appointments. The park and recreation advisory board shall 2.12.020 Meetings. hold meetings as needed, but shall not meet less 2.12.030 Public Meeting& than six times per year. Minutes of each meeting 2.12.04030 Advisory Capacity. shall be prepared and submitted to the cEity 2.12.05040- Terms Of Office. rRecorder not more than ten business seven-days 2.12.060 Term Limits. following a park and recreation advisory board 2.12.07050- General Functions And meeting. T+ese minutes :1....'.l be : e . -e e b -'1-he Responsibilities. meeting. (Ord. 85-29 §1, Responsibilities. 2.12.060 Speeifle 1985: Ord. 79-93 §2(part), 1979: Ord. 72-66A §2, 1972: Ord. 70-11 §2, 1970). 2.12.010 Appointments. 2.12.030 Public Meetings A park and recreation advisory board is created, hereinafter referred to as the "park and The park and recreation advisory board shall recreation advisor _board." The park and comply with the Oregon Public Meeting .Law, recreation advisory board shall consist of seven meet on a regular basis and make nirie-persons,. appointed recommendations to the city council as needed. nNot more than two of by the cEity cCouncil_- whom may be nonresidents of the cEity. A hint 2.12.04030- Advisory Capacity. person Lall L, -~on-voting members of the vark and recreation advisory board may. be appointed The park and recreation advisory board shall by the mayor upon the recommendation of the be advisory to the cEity gGouncil on matters Tigard-Tualatin school district board and such pertaining to the creation, operation and other bodies as the mayor deems would be maintenance of recreation facilities under the appropriate to contribute input to the park and jurisdiction of the cEity. The park and recreation recreation advisory board. advisory board shall not obligate any funds C-ouneil, and sueh persens shall reside within the without first obtaining permission to do so from established --boundaries --o€--the-Tigard school the cEity cC-ouncil. (Ord. 79-93 §2(part), 1979: distfiet. All voting park and recreation advisory Ord. 70-11 §3, 1970). board members shall have equal status in recommendation and voting powers. Park and 2.12.05040 Terms Of Office. recreation advisory board members shall receive no compensation. With the exception of the initial members, t=Fhe terms of office of all-members of the--park A chaff erp rsonman and vice chaff erp rson and recreation advisory board shall be four years and a secretary shall be elected by the to expire June 30'h.Deeei be, 31 The terms of membership at the start of each year. A the initial members of the board shall be chaff erp rson shall not serve consecutively for desilmnated by the mayor. The mayor shall appoint more than two years in said capacity. (Ord. 80-45 the initial members as follows: §1(part), 1980: Ord. 79-93 §2(part), 1979: Ord. 2-12-1 SE Update: 11/01 TIGARD MUNICIPAL CODE Two members for a term of two years. for public park and recreation facilities and Two members for a term of three years. programs. Three members for a term of four years. (1) To define !he objeetives of pubhe If any member resitms or is unable to serve the reereation sefyiees and make plflns and genera! term for which the member was appointed, the palieies to achieve these objeetiYes, s vacancy will be filled as set forth by city council " guide the City C-otmeil adepted resolution regarding the appointment of alternates Design and 19pen Spaee " (Ord. 77-70); to boards and committees. filled by metion of the City C-etmeil fBr the (L) To I\VI.fJ pA unexpired portion of the tefm. (Ord. 79-93 and E g o P and status and lo TL3T §2(part), 1979). prograrm, 2.12.060 Term Limits. Members of the park and recreation advisory (Ord. 80-45 §1(part), 1979). board shall be limited to two full consecutive terms not withstanding prior appointment to an . unexpired term. The speeifie responsibilities of the 2.12.07050- General Functions And board shall be-. Responsibilities. -(1) To r generally- The general functions of the park and recreation advisorv board shall be to advise the (2) To aet in an advisory eEtpaeity to the public works director and city council on issues City C-Ouneil and Gity ; such as: (1) Concerning the management, care and (3) To advise the City Cauneil of pr-ablems control of public parks and recreation facilities t!elated to the development of reer-eation, , and programs of the city, together with all park pregftms, property and recreation facilities which maybe acquired and developed; (4) To aid in eaeFdinating Gity reere *with (2 Concerning the making and altering , from time to time of needful rules and regulations N for the maintenance of order, safety and decency (5) To r-e-Aew the effi~etiveness of the park in said parks and recreation facilities: (3) Concerning the establishment and modification of fees for park and recreation (6) To re-view the amnual budget in r-elation. J services, programs, or facility rentals; (4) Concerning the expenditure of such Getmeil; funds as shall be appropriated by the city council 2-12-2 SE Update: 11/01 s TIGARD MUNICIPAL CODE (7) To pfepare a brief annual report to the City C-ouneil outlining responses to general and speeifie responsibilities placed upon the par* board by this ehapten Ord. 79-93 §2(part), 1979).0 2-12-3 SE Update: 11/01 AGENDA ITEM # ~o FOR AGENDA OF April 22, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider an Ordinance Revising Chanter 2.12 of the Tigard Municipal Code to Update and Activate the Park and Recreation Advisory Board PREPARED BY: Bill Monahan DEPT HEAD OK L/t44%~--' CITY MGR OK tAt t~'~ ISSUE BEFORE THE COUNCIL Consider the proposed revisions to Chapter 2.12 to update and activate the Park and Recreation Advisory Board. STAFF RECOMMENDATION Adopt the ordinance revising the Tigard Municipal Code, Chapter 2.12 INFORMATION SUMMARY 2003 Council Goal No. 4 - Parks and Recreation listed the following components: A. Continue the efforts of the Youth Forum. B. Complete or update parks master plans for city facilities. C. Explore the creation of a Parks and Recreation Advisory Board. Attached is a proposed ordinance that addresses Item "C" above to modify Chapter 2.12, converting the authority for a Park and Recreation Board to a Park and Recreation Advisory Board. Also attached is a memorandum that explains some of the changes made to the proposed ordinance after the Council discussion on February 25, 2003. On March 11, the City Council heard a report regarding the existing Chapter 2.12 which authorizes a Park and Recreation Board. The board has been inactive for several years. Council directed that changes, reflecting their latest objectives, be incorporated into Chapter 2.12 and brought forward for their consideration. Council directed that the board, allowed by Chapter 2.12, be reactivated. OTHER ALTERNATIVES CONSIDERED A. Suggest additional changes to the ordinance. B. Postpone modifications to Chapter 2.12, the Park and Recreation Board. VISK?N TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal 3, Strategy 1, of the Urban & Public Services Target Area, states: "Develop partnerships with current providers to provide opportunities for recreation." ATTACHMENT LIST 1. Proposed ordinance. Exhibit A - Amendments to Chapter 2.12 of the Tigard Municipal Code. 2. Finalized version Chapter 2.12, (if ordinance is approved). 3. Memorandum dated February 28, 2003, from City Manager Monahan. 4. Resolution No. 01-21, outlining the process to appoint alternate board members. FISCAL NOTES N/A [AAMPACKET'03\20030422\13ARK AND RECREATION AIS.DOC D i 1 I I I Attachment 2 TIGARD MUNICIPAL CODE Chapter 2.12 PARK AND RECREATION ADVISORY BOARD. The park and recreation advisory board shall hold meetings as needed, but shall not meet less Sections: than six times per year. Minutes of each meeting shall be prepared and submitted to the city 2.12.010 Appointments. recorder not more than ten business days 2.12.020 Meetings. following a park and recreation advisory board 2.12.030 Public Meetings. meeting. (Ord. 85-29 §1, 1985: Ord. 79-93 2.12.040 Advisory Capacity. §2(part), 1979: Ord. 72-66A §2, 1972: Ord. 70-11 2.12.050 Terms Of Office. §2, 1970). 2.12.060 Term Limits. 2.12.070 General Functions And 2.12.030 Public Meetings Responsibilities. The park and recreation advisory board shall comply with the Oregon Public Meeting Law, 2.12.010 Appointments. meet on a regular basis and make recommendations to the city council as needed. A park and recreation advisory board is created, hereinafter referred to as the "park and 2.12.040 Advisory Capacity. recreation advisory board." The park and recreation advisory board shall consist of seven The park and recreation advisory board shall persons, appointed by the city council. Not more be advisory to the city council on matters than two of whom may be nonresidents of the pertaining to the creation, operation and city. Non-voting members of the park and maintenance of recreation facilities under the recreation advisory board may be appointed by jurisdiction of the city. The park and recreation the mayor upon the recommendation of the advisory board shall not obligate any funds Tigard-Tualatin school district board and such without first obtaining permission to do so from other bodies as the mayor deems would be the city council. (Ord. 79-93 §2(part), 1979: Ord. appropriate to contribute input to the park and 70-11 §3, 1970). recreation advisory board. All voting park and recreation advisory board members shall have 2.12.050 Terms Of Office. equal status in recommendation and voting powers. Park and recreation advisory board With the exception of the initial members, members shall receive no compensation. the terms of office of members of the park and recreation advisory board shall be four years to A chairperson and vice chairperson, and a expire June 30a'. The terms of the initial members secretary shall be elected by the membership at of the board shall be designated by the mayor. The the start of each year. A chairperson shall not mayor shall appoint the initial members as serve consecutively for more than two years in follows: i said capacity. (Ord. 80-45 §l(part), 1980: Ord. 79- 93 §2(part), 1979: Ord. 79-27 §2, 1979: Ord. 78- - Two members for a term of two years. 12 §2, 1978: Ord. 72-66A §1, 1972: Ord. 70-11 - Two members for a term of three years. §1, 1970). - Three members for a term of four years. 2.12.020 Meetings. If any member resigns or is unable to serve the 2-12-1 SE Update: 11/01 TIGARD MUNICIPAL CODE term for which the member was appointed, the vacancy will be filled as set forth by city council resolution regarding the appointment of alternates to boards and committees. (Ord. 79-93 §2(part), 1979). 2.12.060 Term Limits. Members of the park and recreation advisory board shall be limited to two full consecutive terms not withstanding prior appointment to an unexpired term. 2.12.070 General Functions And Responsibilities. The general functions of the park and recreation advisory board shall be to advise the public works director and city council on issues such as: (1) Concerning the management, care and control of public parks and recreation facilities and programs of the city, together with all park property and recreation facilities which may be acquired and developed; (2) Concerning the making and altering from time to time of needful rules and regulations for the maintenance of order, safety and decency in said parks and recreation facilities; (3) Concerning the establishment and modification of fees for park and recreation services, programs, or facility rentals; (4) Concerning the expenditure of such funds as shall be appropriatea by the city council for public park and recreation facilities and ! programs. (Ord. 77-70: Ord. 80-45 §l(part), 1979: Ord. 79-93 §2(part), 1979).0 i 2-12_2 SE Update: 11/01 Attachment 3 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Bill Monahan, City Manager DATE: February 28, 2003 SUBJECT: Resolution to Create a Park and Recreation Advisory Board On February 25, 2003, Council reviewed the initial draft of an ordinance to form a new Park and Recreation Advisory Board. Comments from Council have been incorporated into the attached draft; specifically, changes in Section 4 noting that Council may appoint additional ex officio members of the Board and in Section 5 wording was added to indicate that the Board duties listed were not all inclusive. Council also questioned whether a section was needed to reference the ability to appoint alternates to the Board. Attached is Resolution No. 01-21, which established a process allowing for the appointment of alternates. The resolution applies to all city boards or committees; therefore, no specific reference is needed in the ordinance establishing the Advisory Board. The draft ordinance also includes new language presenting justification why the need exists for a Board. Attachment L [ 1AADMIBILLWEMOSMOMPARK AND REC ADMIN BOARD.DOC 1 I t i a i 1 , Attachment 4 CITY OF TIGARD, OREGON RESOLUTION NO.01-c A RESOLUTION OF THE TIGARD CITY COUNCIL MODIFYING THE BOARD AND COMMITTEE APPOINTMENT PROCESS TO INCLUDE APPOINTING ALTERNATES WHEREAS, openings on boards and committees are filled after advertizing for applicants, applicants being interviewed by the Mayor's Appointments Advisory Committee and their names being submitted to the full Council for appointment, a process that takes as along as three months; and WHEREAS, this process this works well when the end of a term is known; and WHEREAS, when a resignation occurs midterm and is effective immediately, this process is ineffecient and leaves the board or committee without complete staffing for as long as 3 months; and WHEREAS, 1 or 2 alternates to a specific board or committee could be selected from the pool of interviewed applicants and appointed by the Council at the same time new, full-term members are appointed. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: When a full-term position on a board or committee is due to open, the Mayor's Appointments Advisory Committee interviews applicants and selects a candidate or candidate(s) for immediate appointment as member(s). At the same time, 1 or 2 of the interviewed applicants would be appointed as alternates. SECTION 2: Alternates would be appointed to terms that would end when the next full-term committee positions open. SECTION 3: In the event of a member's midterm resignation, an appointed alternate could be appointed to member status by the Council, and would complete the remaining portion of the term from which the member had resigned. Alternates would only fill remaining terms on the specific board or committee for which they originally were interviewed. This modification of the appointment process would be used only in the event of a midterm vacancy. SECTION 4: In no event may a person designated as an alternate be so designated for a period exceeding two years unless the person reapplies and is reappointed as an alternate. RESOLUTION NO.01-~I Page 1 i SECTION 5: An alternate who has been appointed to a remaining term may subsequently serve two full consecutive terms on the board or committee to which he or she was appointed, and would be subject the same membership requirements as any other citizen. tk PASSED: This O_ day ofJ9rA 2001. Council President - City of Tigard ATTEST: L- rLe L34-ea'*--~ City Recorder - City of Tigard OcityAideV IULdot RESOLUTION NO.01-a-I Page 2