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City Council Packet - 09/25/2012 TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING September 25, 2012 COUNCIL MEETING WILL BE TELEVISED I:\Design & Communications \Donna \City Council\ccpkt3 Cathy Wheatley 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov lig ■ • City of Tigard Tigard Business Meeting — Agenda TIGARD TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD AND CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: September 25, 2012 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 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. Citizen Communication 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 (1'DD - 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 (1'DD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http: / /www.tvctv.org/government programming / government meetings / tigard CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. i ! • City of Tigard Tigard Business Meeting — Agenda TIGARD TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD AND CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: September 25, 2012 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION A. Discuss Legislative Agenda for the Upcoming 2013 Session B. Briefing on the Status of the Tigard Street Trail Project C. Briefing on an Intergovernmental Cooperative Agreement Regarding an Emergency Water Supply (Intertie) • 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(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM - September 25, 2012 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports E. Call to Council and Staff for Non - Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) 7:35 p.m. - time is estimated A. Follow -up to Previous Citizen Communication B. Citizen Communication — Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council /Local Contract Review Board) These items are considered 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: 7:40 p.m. - time is estimated A. Tigard City Council /Local Contract Review Board: 1. Authorize the Mayor to Execute an Intergovernmental Cooperative Agreement Regarding an Emergency Water Supply (Intertie) -- Tigard City Council Resolution • Consent A2enda - 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 / City Center Development Agency has voted on those items which do not need discussion. 4. RECOGNITION OF CITY EMPLOYEES JONNY GISH AND ED LENIGER 7:45 p.m. - time is estimated 5. PRESENT THE COUNCIL WITH THE NATIONAL AMERICAN PUBLIC WORKS ASSOCIATION'S PROJECT OF THE YEAR AWARD FOR THE BURNHAM STREET RECONSTRUCTION PROJECT 7:55 p.m. - time is estimated 6. PUBLIC HEARING - SUPPLEMENTAL BUDGET AMENDMENT TO THE FY 2013 ADOPTED -- RESOLUTION 8:00 p.m. - time is estimated Recess City Council Meeting Convene City Center Development Agency Meeting 7. PUBLIC HEARING - SUPPLEMENTAL BUDGET AMENDMENT TO FY 2013 CITY CENTER DEVELOPMENT AGENCY ADOPTED BUDGET - RESOLUTION 8:15 p.m. - time is estimated Adjourn City Center Development Agency Meeting Reconvene City Council Meeting 8. COUNCIL LIAISON REPORTS 8:30 p.m. - time is estimated 9. NON AGENDA ITEMS 10. 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(4), 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. 11. ADJOURNMENT 8:45 p.m. - time is estimated LEAGUE Reset at Sale Oregon CITIES Description The League's second proposed constitutional amendment would reset a property's assessed value to its real market value at the time of sale or construction. The amendment would not raise anyone's taxes on their current home, but would restore equity by recalibrating taxes based on the market's valuation of a property at the time of sale —a better measure of a property's value and an owner's ability to pay. Background Measure 50, passed in 1997, created a new "assessed value" for all properties. Assessed value was initially set at 90 percent of a property's 1995 -96 real market value. For newer properties, a county-wide ratio is applied to determine the initial assessed value. Growth in assessed value is limited to 3 percent annually. By locking in assessed values based on 1995 -96 real market values or a ratio at the time of construction, and by capping annual growth, huge disparities in tax bills have emerged as property values have changed and as neighborhoods have gentrified. Example and Statewide Impacts Table 1: Tax inequities between two neighborhoods Homeowners in inner North and Northeast Portland, in Portland for example, often have property tax bills that are one - third or one -fourth of what homeowners with similar Established RMV AV Taxes real market values pay across town. The reason is 9910 SW 61st $ 269,670 $ 213,930 $4,236 simple. In the early and mid- 1990s, large swaths of North and Northeast Portland had lower market values, 9931 SW 61st $ 270,590 $ 236,110 $4,270 and those values still determine the taxes owed. (See 9930 SW 61st $ 279,390 $ 216,920 $4,385 Table 1 for examples.) 9911 SW 61st $ 311,450 $ 252,070 $4,897 Similarly, the ratio applied to new property can vary greatly from year to year as the market fluctuates. In Gentrifying RMV AV Taxes Deschutes County, the ratio used to calculate assessed 5134 NE 16th $ 267,870 $ 72,870 $1,624 value for new properties has increased 50 percent 5117 NE 16th $ 268,480 $ 51,790 $1,154 between 2010 and 2011. As a result, identical properties with the same sale price but permitted only 5126 NE 16th $ 282,140 $ 51,640 $1,151 months apart can have dramatically different tax 5133 NE 16th $ 352,530 $ 81,930 $1,826 liabilities. These inequities are not confined to certain areas of the state, however; they exist statewide. Solution Seventeen other states have property tax limitations similar to Oregon's. Of those, 15 readjust property taxes at the time of sale. Oregon's existing system, according to a Lincoln Institute of Land Policy report, "has gone the farthest of any [in the country] in breaking the link between property taxes and property values." Resetting assessed value to real market value at the time of sale would reconnect the link between property value and property taxes, and improve the fairness of Oregon's system. For more information, contact Chris Fick at (503) 588 -6550 or cfick@orcities.org. LEAGUE Jobs and Economic Development of Oregon CITIES Description Support investment in three funding requests from the Oregon Business Development Department's that will create, retain, expand and attract businesses that provide sustainable family -wage jobs for Oregonians through public - private partnerships and leverage funding and economic opportunities for Oregon companies and entrepreneurs. The three initiatives are: • $10 million to recapitalize the Brownfield Revolving Loan Redevelopment Fund, which provides loan funding for gap financing that commercial lenders are unable to provide to clean up industrial sites; • $25 million within the Special Public Works Fund (SPWF) to institute the Patient Capital for Industrial Lands Infrastructure Pilot Program, which would provide funding to municipalities to install infrastructure and necessary feasibility studies needed for industrial sites to be "shovel" ready for development; and • $15 million within the SPWF to institute the Employment Site Re- Use /Redevelopment Pilot Program, which would assist communities with funding incentives to reuse or redevelop existing industrial lands. Funding could be used to address a variety of barriers to utilizing existing industrial land within a city's urban growth boundary, including building inadequate infrastructure, addressing environmental contamination, and dealing with fractured parcel ownerships or pressure to convert to non - industrial uses. Background In a 2012 League survey, cities ranked the lack of infrastructure as the biggest hurdle to attracting new or expanded industrial development or new employment opportunities. Adequate infrastructure for industrial sites is a critical component to the economic vitality of cities and local economic regions. An adequate supply of shovel ready industrial land will be essential in order for cities to create jobs, improve the quality of life for residents, and foster entrepreneurship and productive economic activity. Further, prior surveys have identified more than $2 billion in municipal infrastructure projects that would be ready to go to bid if sufficient funding is secured— a figure that reflects the decline of state and federal investments in local infrastructure over the course of the last several decades. Statewide Impacts These three economic development initiatives would remedy infrastructure deficiencies and provide critical funding for specific types of industrial development situations that are important for job creation and economic vitality. These three programs will: • Help cities utilize existing industrial sites and clean up underutilized and contaminated areas; • Grow the property tax base for cash - strapped cities, schools and counties; • Give Oregon a supply of shovel -ready industrial land that can be occupied within six months; • Provide family -wage jobs when a tenant occupies the land; and • Make Oregon a more competitive and attractive state for economic development. For more information, contact Chris Fick or Linda Ludwig at (503) 588 -6550 or cfick @orcities.org or Iludwig @orcities.org. LEAGUE 9 -1 -1 Tax Renewal (-1! Oregon CITIES Description The League will work with other stakeholder groups (principally organizations representing public safety organizations and jurisdictions) to extend the 9 -1 -1 emergency services tax beyond its expiration in 2014. In doing so, the League seeks several important policy changes to the 9 -1 -1 system. Background The current $.75 per month tax is an important source of revenue for cities. After subtracting collection costs, administrative fees and equipment costs, cities receive $13 million per biennium, which is passed through to the governing authority of the 9 -1 -1 jurisdiction serving that city. These funds are the backbone of the budget that supports the planning, installation, maintenance, operation and improvement of the statewide 9 -1 -1 emergency reporting system. The state currently diverts portions of the 9 -1 -1 tax revenues it collects as well as the earned interest to the general fund in support of positions and activities unrelated to 9 -1 -1 services, a practice frowned upon by the federal government. Oregon is one of the only states in the country to do so, and as a result, for the last three years has been ineligible for federal emergency services grants. Pre -paid cellular phone and Voice over Internet Protocol (VoIP) users do not pay the 9 -1 -1 tax. All other users of telecommunications services, including regular cell phone users, pay the tax. Previous attempts to enact legislation addressing this inequity have failed. Legislative counsel has opined that such legislation is unnecessary because the authority to levy this tax already exists. The Oregon Department of Revenue is considering a rule that would include pre -paid cell phones under the tax, but if approved litigation would likely result. Concept Details The statutory authorization for the collection of taxes in support of the 9 -1 -1 reporting system is due to expire on December 31, 2014. It is therefore important that the Oregon Legislative Assembly extend the authorization for the 9- 1 -1 tax. In addition, the League will seek to: • Modify the tax rate to ensure adequate resources for both the management of the system and the acquisition of the most modem technology; • Make permanent the statutory authority for the tax (i.e. no sunset provision) in recognition of the permanence of the 9 -1 -1 system; • Require that the state use revenues derived from the 9 -1 -1 tax solely for the provision of emergency reporting services, thereby ending the practice of diverting both revenues and earned interest to the state's general fund; and • Make it statutorily clear that purchasers of pre -paid cell phones and VoIP services are also subject to the 9 -1 -1 tax. For more information, contact Craig Honeyman at (503) 588 -6550 or choneyman ®orcities.org. L Ni—F 0 — au S Q sSI171 4 /asI a! CITY OF TIGARD r�TAiF Or, f3F7 CGt>ty i i 2011 STATE LEGISLATIVE AGENDA ,,� ' ,- 11(; ARP r 16°59 POPULATION: 47,700 STATE'S 12 LARGEST CITY HOME TO 3,355 BUSINESSES For the 2011 Oregon Legislative Session, the City of Tigard has identified the following legislative priorities: ✓ Transportation Planning Rule — Community Development: Continue efforts to resolve the conflicts between the TPR KEY POINTS Transportation Planning Rule and other statewide land use prevents efficient land use inside UGB Regional & Town Centers. planning goals by changes to Oregon Department of Transportation /Department of Land Conservation and r Conflicts with State land use planning goals & Metro 2040 Development procedures and rules, or by legislative action. plan. ✓ Transportation Planning Rule • Transportation: Resolve the Problems with using existing method of volume -to- capacity disconnect between the TPR and other statewide land use ratios. planning goals. i' Tigard is committed to achieving mobility needs while meeting the ✓ State Shared Revenue: Maintain and strengthen the state's region's goals & aspirations. historic commitment to the State Shared Revenue funding _r______ , formula. ✓ Telecommunications Preemptions: Address tax equity issues in the context of state telecommunications laws including removing existing preemptions that have lead to declining revenues. Other Issues of Interest • Seek additional funding, efficiencies and program support for multi -modal transit and rail projects. • Support an urban growth boundary agenda that would provide for a more efficient urban growth management system. • Allow local governments a more flexible use of transient lodging tax to meet the increased demands placed both on essential services and infrastructure created by tourism activities. • Lake Oswego/Tigard Water Partnership Removal Fill Process — Amend language to assure municipal providers of linear facilities that taxpayer dollars are not spent to acquire land until after it is determined that a permit will be issued. www.tigard- or.gov 13125 SW Hall Boulevard 503.639.4171 5 t 0 ��es SLc�► - - 1 AIS -1015 B . Business Meeting Meeting Date: 09/25/2012 Length (in minutes): 15 Minutes Agenda Tide: Briefing on the Status of the Tigard Street Trail Project Prepared For: Mike Stone Submitted By: Greer Gaston, Public Works Council Business Mtg - Study Item Type: Update, Discussion, Direct Staff Meeting Type: Sess. Information ISSUE Staff will brief the council on the status of the Tigard Street trail project. STAFF RECOMMENDATION / ACTION REQUEST No council action is requested; the council is asked to listen to the briefing. KEY FACTS AND INFORMATION SUMMARY The Project For many years, the city has sought to obtain an unused, 50- foot -wide railroad right of way that runs parallel to Tigard Street from Main Street to Tiedeman Avenue. (A vicinity map depicting the right of way is attached.) The city would like to turn the 4.2 -acre corridor into a recreational trail; a trail that would provide direct, non - motorized access to the bus and commuter rail transit station located in the center of Downtown Tigard. The Players The right of way corridor is owned by the Oregon Department of Transportation (ODOT) and is administered by ODOT's Rail Division. The Portland and Western Railroad (PWRR) has a freight easement in this right of way, but rail use ceased several years ago. TriMet removed the rails and ties as part of the improvements for its Westside Express (WES) project. Constructing improvements within or adjacent to rights of way currently or previously owned by railroads is a complex undertaking. This is due to the extensive history the railroads have within the region, the grandfathered rights of the railroads, mergers of competing railroads and the relatively new authority granted to ODOT's Rail Division in permitting and overall right of way authority for railroad operations. The Status The council was last updated on the Tigard Street trail project in December 2010. An excerpt from a trail system update report, presented to council on December 21, 2010, is attached. At that time, PWRR and ODOT had agreed to help Tigard acquire the right of way. The process to acquire the property was outlined as follows: 1. PWRR needed to abandon its freight easement (and had applied to do so). 2. ODOT would declare the property as surplus. 3. The property would be offered for sale —first, to state agencies (where little interest was anticipated), and then to local government. Tigard was expected to be the only interested party. Back in 2010, all indications were that Tigard would have an opportunity to purchase the right of way in the near future. Unfortunately, the easement abandonment was never finalized; the freight easement remains in place. Staff recently met with representatives from the ODOT Rail Division to reiterate the city's interest in the right of way corridor and to see what can be done to further the acquisition process. OTHER ALTERNATIVES If acquisition is unsuccessful, the city will explore the possibility of a lease option. (Although this was not an option in 2010, it may be today.) However, this option would result in an uncertain future for the trail, as a lease could be revoked and the property returned to its former use as a railroad. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2012 Tigard City Council Gaol 1.c. - "Deliver on the promise of the voter- approved park bond by identifying all acquisition opportunities and completing the majority of park land acquisitions and improvements by the end of 2012." Depending upon the availability of park bond dollars and the time line, funds from the bond could be used to purchase the property. DATES OF PREVIOUS COUNCIL CONSIDERATION The council been involved in the Tigard Street trail project for many years. The council was last updated on the project in December 2010. Attachments Map of Right of Way Corridor Excerpt from 2010 Trail System Update Report y e 111. .. 1 �+ - t { 3 „ir- ril ,,,' 1 , ry y . �.. "" `fir �wpy ” +x.- P a lit P" - '- ri,, 'R'JI • , ;: , f - .r � x _ f ^+w g, A il • r _ ." II a t i t s , gg r ,, _ 4 Ifi 9 � d i 4 _ . C :r 4' ' , + Tom" 2" R1 $ l itot C : ` . R1 ; x � ' " � w " ° _ C is ,1 ' $ �p j X .»�....... �� Vii 4 . .. f ., .: i _ ; n t' ., '�- � �- ? i^4 .� , - r te •«�s �'; �`+ n — 14 ✓7 ` i �' � yyyy � a0' ,,, .5 'at � r ." , I f 1 _ • • It.. `.F1. • , - it yi.. W w � W 4 °IS 11741 II I a It :. 4 r � • RIGHT OF WAY : '` ' X i j.es' .10: ‘,' ., ''''Ikk..1-1-, xiiiP. N itt' .4' mat .1),,,or4 ,.; ..._7::' CORRIDOR ''' t 1 iiiir Y `` 7 '. ti ft do is [ 11. Y e. •.i_ 4 y , I A., - sm,.. ,-* A T 7 '11°'-' ulks, t''' t 4, 1 N �" y g js j/ y► m 40iii " v ; 4'. � A City of Tigard I COMMUNITY DEVELOPMENT DEPARTMENT 1 1 J 4 ■ - , . q , $ . • --#.---, • .6........, 40, - ' , ; ,. - - 1 1 I ' 1 r ' •• • , ,. ...r _ I i _____ . 14 ':3■ i, '--;',v .. .,... - -4--.---- y .....S......... 4 . :,,,,, ..._ . -..... 'II 11 I I - — 1---1Ikii . l i 4.delj r 00 T . r I \ p pm:top. - 1 , Larc . , I E \/—\'' P • It , ,....._ ....._. 1 . [ UPDATE • DECEMBER 21, 2010 1 1 . , . ..• . Id; , -1 - . . , A -‘•): ' . - , • 10 ,-- .n. •• • • . - t i 4- eir • • ;?"• ..-, • • , r 3.4. t: ....6,,, • , . .,, • • ''.}-., ; ..... ww ,,• ,..,.„4„ ^ , : . ' L i '111CI'L - . • / . 1 : •... e,i g ,, ) ,k . 1 4 - , • ., a li • - ' .• OW Qi 1 • '- +0,4k, # '' $ — • .1 vir- • W.‘ lo ,...4 - _ 111 1=1 V. ' , 'i i ' ...4 - • I 4I. . . ,, „,,,, S,, ',7't,- I,.. '''''• '' ,,' ; t. - ' .ta. [ TIGARD TRAIL SYSTEM UPDATE OTHER ACTIVITIES OF NOTE Fanno Creek Trail Tour In April, staff conducted a morning bike tour of the Fanno Creek Trail CITY PROJECTS FUNDED for about thirty Metro staff. The tour was part of a new Metro initiative By METRO PROGRAMS to visit some of the projects funded by the agency. The Metro tour • Main Street Green Street Retrofit of Fanno Creek Trail was the only agency tour undertaken in 2010 and included a city- sponsored pizza and salad lunch catered by Cafe • Bike Tigard Map Allegro and held in the public works auditorium. • Fanno Creek Trail easements • Fowler Woods Greenspace Metro and Clean Water Services provided some of the guest speakers • Downtown Walking Map and at stops along the way. The city's guest speakers included Steve Martin, Wayfinding System Mike McCarthy, Sean Farrelly, Kim McMillan, and Duane Roberts. ° The Crescent Connection (pending) The city rationale for organizing and conducting the tour was to provide Metro staff a firsthand look at Fanno Creek Trail and related accomplishments as well as other improvement needs, some of which may be the subject of future funding requests. It was also to generate inter- agency goodwill. Judging by the many favorable comments received, the tour appeared to be a big success. Tigard Street Trail The former loop rail line extending between Tiedeman r and Main has been inactive for more than three years. Portland & Western Railroad (P &WRR) holds an exclusive freight easement over the corridor. The "' underlying land is owned by Oregon Department of Transportation (ODOT) . As noted in last year's progress " report, city staff have been actively pursuing access to TIGARD the right -of -way for trail use during most of that time. t p" This summer, the log jam was finally broken and the city is now well on its way toward obtaining control of --�° `'"'"" ` the corridor. The impetus for this major step forward was an event held in August under the Pacific Highway viaduct that "brought together a wide variety of movers City of Tigard I COMMUNITY DEVELOPMENT DEPARTMENT PAGE 6 [ TIGARD TRAIL SYSTEM UPDATE ] and shakers to demonstrate support for the project." The breakthrough occurred when the key attendees, • P &WRR President and General Manager, and the ODOT Rail Administrator, each agreed to help facilitate trail use • is -= +� '� atit within the former rail corridor. In October, P &WRR prepared and filed with the federal Surface Transportation Board an application to formally abandon service within the loop segment. This is - expected to be granted by December and is the first step needed to free -up the land for trail use Simultaneous with the abandonment process, TriMet, at its own expense, removed the remaining railroad ties and ' smoothed out the holes created by the removal. - - - As detailed by the City Manager who, along with Mayor Dirksen, took part in negotiations with ODOT Rail and P &W RR following the event, "when the federal process is done, ODOT will start the process to surplus the property. They first offer it to state agencies, and expect no takers. They then offer it to local governments, and expect us to be the only taker. They will give us a list of approved appraisers, and we will select an appraiser from the list to do an appraisal. (There is no option to lease or get an easement.) We then buy the property" Although priorities for Tigard's recently - approved parks bond measure have not been finalized, these or other proceeds potentially could be used to finance the cost of acquiring the 4.2 acre corridor. So far, no estimate is available of what this cost might be. ODOT expects the state surplus process to take no longer than two months. This exciting opportunity is expected to continue moving forward in 2011. City of Tigard I COMMUNITY DEVELOPMENT DEPARTMENT PAGE 7 5dj Sess L vri AIS -1026 C Business Meeting Meeting Date: 09/25/2012 Length (in minutes): 10 Minutes Agenda Title: Briefing on an Intergovernmental Cooperative Agreement Regarding an Emergency Water Supply (Interne) Prepared For: Dennis Koellermeier Submitted By: Greer Gaston, Public Works Council Business Mtg - Study Item Type: Meeting Type: Sess. Information ISSUE The council will be briefed on an intergovernmental cooperative agreement regarding an emergency water supply. STAFF RECOMMENDATION / ACTION REQUEST No action is required; the council will consider a resolution authorizing the mayor to execute the agreement on the consent agenda. KEY FACTS AND INFORMATION SUMMARY Background Lake Oswego's water system is connected to the water systems of the South Fork Water Board and West Linn via an intertie. Under an emergency water supply agreement, these three entities have supplied water to one another during emergencies. Most recently, Lake Oswego provided water to West Linn when flood debris rendered West Linn's intake facilities inoperable for about a week. During this time, Lake Oswego provided West Linn with 2 million gallons of water per day. Why Is a New Emergency Water Supply Agreement Needed? In 2008, the cities of Lake Oswego and Tigard entered into a water partnership agreement whereby the two cities would work together to develop a new water system that will meet both communities' future water needs. Under the agreement, Tigard obtained an ownership interest in the intertie used to provide emergency water. As an owner, Tigard needs to be included in the emergency water supply agreement. Lake Oswego's existing water treatment plant is located in West Linn. Water partnership plans include an expansion of this plant; the expansion project was reviewed by the West Linn Planning Commission. The planning commission suggested the emergency water supply agreement be updated. The New Agreement A new emergency water supply agreement is attached as Exhibit A to the resolution. The agreement is entitled, Intergovernmental Cooperative Agreement for Water System Intertie between the South Fork Water Board, the City of Lake Oswego, the City of West Linn, and the City of Tigard. Under the new agreement: • Tigard becomes party to the agreement. • Lake Oswego and Tigard will provide an emergency water supply to South Fork Water Board and West Linn. • South Fork Water Board and West Linn will provide an emergency water supply to Lake Oswego and Tigard. • Tigard will share in the cost to repair interne infrastructure used to provide water to Tigard and Lake Oswego. • Tigard will share in the cost of interne capital improvements that benefit Tigard. • Benefits received by West Linn —as a result of the Lake Oswego - Tigard Water Partnership —are acknowledged. OTHER ALTERNATIVES The council could: • Propose changes to the agreement. The city managers from West Linn, Lake Oswego and Tigard, along with technical staff from each of these cities, have been working on this agreement since May 2012. (South Fork Water Board was informally represented by West Linn.) Any changes to the agreement would have to be re- negotiated with the other parties. • Choose not to approve the agreement and could give staff direction on some other course of action. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2012 Tigard City Council Goal 1.a. - "Continue oversight of design, permits, rate implementation and costs for the Lake Oswego - Tigard Water Partnership." DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time this agreement has come before the council. Fiscal Impact Fiscal Information: In 2010 the Partnership's respective councils decided to build the new water system to full capacity -38 million gallons a day (mgd). This allows the Partnership to take advantage of economies of scale, historically low interest rates and to avoid future permitting and land use review processes. With the ability to generate 38 mgd, Lake Oswego and Tigard will be able to produce enough water to provide West Linn and the South Fork Water Board with emergency water. Any improvement costs associated with the emergency supply are included in the most recent water partnership cost analysis and are allocated between the partners. The city has budgeted nearly $17 million dollars for water partnership projects in fiscal year 2012 -2013. Attachments Resolution Intergovernmental Cooperative Agreement Regarding an Emergency Water Supply (Intertie) CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 12- A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING AN EMERGENCY WATER SUPPLY (IN'1ERTIE) WHEREAS, Lake Oswego's water system is connected to the water systems of the South Fork Water Board and West Linn via an intertie, and under an emergency water supply agreement, these three entities have supplied water to one another during emergencies; and WHEREAS, the cities of Lake Oswego and Tigard entered into a water partnership agreement whereby the two cities would work together to develop a new water system that will meet both communities' future water needs; and WHEREAS, under the water partnership agreement, Tigard obtained an ownership interest in the intertie used to provide emergency water; and WHEREAS, as an owner in the intertie, Tigard needs to be included in the emergency water supply agreement; and WHEREAS, water partnership plans include an expansion of Lake Oswego's existing water treatment plant in West Linn, and the West Linn Planning Commission suggested the emergency water supply agreement be updated; and WHEREAS, an emergency water supply agreement has been developed and is attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: On behalf of the Tigard City Council, the mayor is authorized to execute the emergency water supply agreement, entitled the Intergovernmental Cooperative Agreement for Water System Intertie between the South Fork Water Board, the City of Like Oswego, the City of West Linn, and the City of Tigard (Exhibit A). SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2012. Mayor - City of Tigard ATI ST: City Recorder - City of Tigard RESOLUTION NO. 12- Page 1 Exhibit A INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR WATER SYSTEM INTERTIE BETWEEN THE SOUTH FORK WATER BOARD, THE CITY OF LAKE OSWEGO, THE CITY OF WEST LINN, AND THE CITY OF TIGARD This Agreement is made and entered into by and between the South Fork Water Board, an intergovernmental entity created pursuant to ORS Chapter 190, serving as a water supply agency and jointly owned and operated by the Cities of Oregon City and West Linn, hereinafter referred to as "Board," and the City of Lake Oswego, an Oregon municipal corporation, hereinafter referred to as "Lake Oswego," and the City of West Linn, an Oregon municipal corporation, hereinafter referred to as "West Linn," and the City of Tigard, an Oregon Municipal Corporation, hereinafter referred to as "Tigard ", all hereinafter collectively referred to as the "Parties." RECITALS The Parties agree upon the following recitals: 1. WHEREAS, the Parties acknowledge that the Board, Lake Oswego, and West Linn entered into an intergovernmental cooperative agreement in 1984 to provide for the construction, operation and maintenance of an emergency water system intertie between the water supply system of the Board and West Linn and the water supply system of Lake Oswego; and 2. WHEREAS, the facilities as described in the 1984 agreement, which are located near the intersection of Old River Road and Kenthorpe Way in West Linn, were constructed and the intertie became operable in that same year, and 3. WHEREAS, the intertie has been utilized periodically since 1984 during emergencies to provide emergency water supply between the Board, Lake Oswego, and West Linn; and 4. WHEREAS, the planning for the 1984 intertie contemplated future construction of an intertie water pump station in the vicinity of original intertie; and 5. WHEREAS, West Linn has constructed the previously contemplated pump station on Old River Road near its intersection with Kenthorpe Way; and 6. WHEREAS, the intertie pump station and appurtenant facilities provide benefit to all of the Parties to this agreement; and 7. WHEREAS, the Board, Lake Oswego, and West Linn contributed to the cost of the pump station and appurtenant facilities; and 8. WHEREAS, Lake Oswego and Tigard have entered into an intergovernmental cooperative agreement that conveys an ownership interest in existing water supply facilities necessary to supply emergency water to West Linn and Board, and provides for construction of new water 1 supply facilities including an expanded water treatment plant and raw and finished water pipelines to supply their respective long term water needs; and 9. WHEREAS, the changes in ownership, anticipated facilities expansion, and water allocation formulas called for in the intergovernmental agreement between Lake Oswego and Tigard necessitate amendment of the existing water system intertie agreement; and 10. WHEREAS, through expansion of Lake Oswego's existing water supply system to its ultimate treatment capacity of 38 million gallons per day (mgd), Lake Oswego and Tigard can continue to provide West Linn and Board with redundant water supply facilities and a reliable source of emergency water supply sufficient to meet West Linn's average day demand of 4 mgd through at least 2041; and 11. WHEREAS, the Parties agree that other options for West Linn to provide its citizens with a redundant and reliable water supply system for emergency water supply needs are significantly more expensive and therefore agree it is in the best interests of their respective communities to work together in good faith to address critical, local water infrastructure needs in a coordinated and collaborative manner for mutual benefit; and 12. WHEREAS, provided that expansion of Lake Oswego's existing water supply system occurs, West Linn ratepayers will avoid $11.6 million in water system capital construction needs, and each Party will realize other benefits including mitigating environmental impacts from duplicative infrastructure projects, flexibility in system operations for emergency and non - emergency events, and economies not otherwise achieved through individual actions; and 13. WHEREAS, the Parties acknowledge that by entering into this Agreement the public health, safety and welfare of their citizens are protected and enhanced in a fiscally responsible manner; and 14. WHEREAS, the Parties acknowledge that they have authority to execute this cooperative intergovernmental agreement pursuant to the terms of their respective municipal charters and pursuant to ORS 190.010; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, it is agreed by and between the Parties hereto as follows: 1. "Water Supply Facilities" Defined. As used herein, the term "water supply facilities" means river intake, raw and finished pumping facilities, water treatment facilities, water storage facilities, and all other infrastructure used in conjunction with the appropriation, treatment, storage or transmission of the Parties' water. 2. "Emergency Condition" Defined. An "emergency condition" is an occurrence created by a failure of the water supply facilities of the Board, Lake Oswego, West Linn, or Tigard, or the occurrence 2 of an event which jeopardizes the Parties' water quality, whereby insufficient supply to any of the water customers of the Parties could threaten the health or safety of those customers. Such failure includes failure or interruption in the operation of river intakes, raw and finished water pumping facilities, water treatment facilities, raw and finished water pipelines, reservoirs, and appurtenant facilities. Emergency conditions shall not include situations involving loss of water pressure or diminution in water volume in a water distribution system during periods of high demand if the system remains in a normal operational mode, and shall not include scheduled repairs or maintenance or reductions in water availability due to regulatory action. 3. Utilization of Water Intertie. The water system intertie may be utilized by the mutual consent of the executive officers of each of the Parties, or their designees. Decisions regarding the use of the intertie may be reviewed by the city councils of each of the Parties at the discretion of each city council. 4. Location and Description of Water System Intertie. The location of the water system intertie is in the vicinity of the intersection of Kenthorpe and Old River Road in West Linn. The intersection connection that was established and constructed in 1984 under the above - referenced prior agreement consists of an 18 -inch intertie main approximately 800 feet in length and related appurtenance that are located on Old River Road between Mapleton Drive and Kenthorpe Way. This pipeline connects West Linn's 18 -inch diameter transmission main located on Highway 43 to Lake Oswego's 24 -inch diameter transmission main located at the intersection of Kenthorpe Way and Old River Road. In 2000, West Linn constructed an intertie booster pump station on property located on the west side of Old River Road between Kenthorpe and Mapleton Drive. The property is located between Old River Road and Highway 43. The pump station connects to, and utilizes, the 18 -inch intertie main on Old River Road. The pump station allows the intertie to be used on a continuous and automatically controlled basis in both directions of supply, i.e. Board and West Linn to Lake Oswego and Lake Oswego and Tigard to West Linn and Board. The pump station includes flow, pressure control, metering and telemetry facilities, and a connection for providing emergency power supply. The pump station, along with the facilities and appurtenances associated with it, as well as the facilities previously constructed in 1984, constitute the water system intertie that is the subject of this agreement. 5. Modifications to Water System Intertie. West Linn, as the project owner, undertook and completed the water system intertie pump station project. West Linn has maintained accurate cost accounting records relating to the project. The Board agreed to contribute $100,000.00 to the project cost, which shall be payable in accordance with a payment schedule not to exceed two years. Lake Oswego agreed to contribute to the project a sum equal to 50% of the project cost of the facilities that benefit Lake Oswego, but not to exceed $65,000.00.These facilities are defined as the piping, valves, vaults, metering, instrumentation and control systems, and appurtenant facilities that are used to provide water supply to Lake Oswego from West Linn and the Board. The estimated project cost of these facilities which benefit Lake Oswego is $130,000. "Project Cost" as used in this paragraph is defined as the final construction cost of the facilities plus the prorated share of the engineering costs for project which include pre- design, design, bidding and award, construction management, permits and approvals, operation and maintenance manuals, and intertie operating plan. Project costs do not include property acquisition costs, contractor claims, litigation costs or other extraordinary costs related to the project. Upon completion of the project, West Linn will provide documentation to Lake Oswego for the project costs incurred. Lake Oswego agrees to pay West Linn its contribution toward the 3 cost of such facilities in accordance with a payment schedule not to exceed two years from the date of this agreement. 6. Title to Intertie Facilities. The title to the water system intertie facilities as described above in Paragraph 4 and the obligation to insure them shall be in the name of West Linn. Title to the property occupied by the intertie pump station will be in the name of West Linn. 7. Method of Water Supply Through Intertie. Supply to Lake Oswego and Tigard from the Board and West Linn will be by gravity through the piping, metering, flow and pressure control facilities associated with the intertie pump station. Supply to West Linn and the Board from Lake Oswego and Tigard will be accomplished by pumping or gravity from the Lake Oswego- Tigard water system through the intertie pump station into West Linn's system. Instrumentation, control and telemetry systems will be installed in the station and the station will be under the primary control of West Linn. Lake Oswego has installed additional instrumentation, control and telemetry systems that will provide for pump station status indication and additional control functions. West Linn will prepare an operating plan for the intertie pump station and appurtenant facilities and provide copies of same to the Board and Lake Oswego. 8. Quantity of Water to be Supplied. Upon agreement between the Parties to make use of the intertie pursuant to Paragraph 3 of this Agreement, the supplying water shall endeavor to supply the maximum feasible quantity of water requested by the receiving Party, and take all reasonable actions necessary to accomplish the same, so long as such actions are not detrimental to the operation of the supplying Party's own water system. Provided that Lake Oswego's supply facilities are expanded to a treatment capacity of 38 million gallons per day, Lake Oswego and Tigard can provide West Linn and Board with redundant water supply facilities and a reliable source of emergency water supply sufficient to meet West Linn's average day demand of 4 mgd through at least 2041. 9. Cost of Water to be Supplied. The Parties agree to pay for all water provided through the intertie at a rate which is the greater of: a. The cost, then being paid by West Linn to the Board for wholesale water; or b. The cost to Lake Oswego and Tigard to produce and deliver water to the inlet side of the intertie pump station, which in the first year of operation of the expanded treatment plant is estimated to be $0.95 per 100 cubic feet. The volume of water delivered shall be measured by the meter installed at the intertie pump station. The Parties shall have the right at any time to review rates for water supplied and make such adjustments to the cost of water provided, as they deem necessary and by mutual agreement of all Parties. In the event it is necessary for a Party supplying water through the intertie to obtain additional water from a water provider not party to this agreement, the water rate charged to the Party receiving water under this agreement shall be the water rate charged to the supplying Party by the non -party water provider. The Parties further agree that water utilized for periodic testing and exercising of the facilities will be furnished between the Parties 4 without cost. In addition to the rate charged for water, the Parties by mutual agreement reserve the right to impose wheeling charges. 10. Operation and Maintenance Costs. The Parties agree that West Linn, as the owner of the intertie facilities, will be responsible for and will pay for the normal day -to -day operation and maintenance costs of the facilities. 11. Repairs, Renewals, Replacements, Upgrading and Modifications. The Parties agree that West Linn, as the owner of the intertie facilities, will be responsible for scheduling, contracting for and implementing any repairs, renewals, replacements, upgrading and modifications that may be required in the future to maintain or increase the function of the facilities. a. Cost of Repairs: West Linn shall be responsible for the cost of all repairs, except that Lake Oswego and Tigard agrees to pay 50% of the cost of any repairs necessary to those facilities which benefit Lake Oswego and Tigard. Those facilities are defined as the piping, valves, vaults, metering, instrumentation and control systems, and appurtenant facilities that are used to provide water to Lake Oswego and Tigard from West Linn and the Board. b. Cost of Capital Improvements. The cost of any capital improvements or improvements which increase the function of the facilities will be shared in an equitable manner, based upon the benefit to be derived from each Party from each particular period. 12. Access to Water System Intertie Facilities. The Parties and their employees shall have access to the water system intertie facilities. 13. Agreement Not to Resell Water Without Consent. Except for existing wholesale customers or existing mutual aid agreements, the Parties agree that they will not resell water supplied under the terms of this agreement without prior written consent of all Parties. 14. Supersedes Prior Agreement. The Parties agree that this is agreement supersedes and replaces the prior agreement executed in October and November, 2003. 15. Amendment Provisions. The terms of this agreement may be amended by mutual agreement of the Parties. Any amendments shall be in writing, shall refer specifically to this agreement, and shall be executed by the Parties. 16. Termination of Agreement. This agreement shall continue in effect until terminated by any Party with written notice of such intent to terminate provided to the other Parties. Notice to terminate must be provided at least 36 months prior to the effective date of termination. Termination of this agreement shall not affect ownership status of the water system intertie facilities hereinabove described. 17. Written Notices Addresses. All written notices required under this agreement shall be sent to: South Fork Water Board: General Manager South Fork Water Board 5 15962 S. Hunter Avenue Oregon City, Oregon 97045 City of Lake Oswego: City Manager City of Lake Oswego P.O. Box 369 Lake Oswego, Oregon 97034 City of West Linn: City Manager City of West Linn 22500 Salamo Road West Linn, Oregon 97068 City of Tigard City Manager City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 18. Dispute Resolution: If a dispute arises between the parties regarding this Agreement, the Parties shall attempt to resolve the dispute through the following steps: Step One (Negotiation) The Manager or other persons designated by each of the disputing Parties will negotiate on behalf of the entity they represent. The nature of the dispute shall be reduced to writing and shall be presented to each Manager, who shall then meet and attempt to resolve the issue. If the dispute is resolved at this step, there shall be a written determination of such resolution, signed by each Manager and ratified by their respective Board or Council, which shall then be binding upon the Parties. Step Two (Mediation) If the dispute cannot be resolved within thirty (30) days at Step One, the parties shall submit the matter to non - binding mediation. The Parties shall attempt to agree on a mediator. If they cannot agree, the Parties shall request a list of five (5) mediators form the Presiding Judge of the Clackamas County Circuit Court. The Parties will attempt to mutually agree on a mediator from the list provided, but if they cannot agree, the mediator will be selected by the Presiding Judge of Clackamas County Circuit Court. The cost of mediator shall be borne equally between the Parties, but each Party shall otherwise be responsible for its own costs and fees therefore. If the issue is resolved at this step, a written determination of such resolution shall be signed by each Manager and ratified by their respective Board or Council. Step Three (Arbitration) If the Parties are unsuccessful at Steps One and Two, the dispute shall be resolved by binding arbitration proceedings pursuant to ORS Chapter 36. The Parties shall follow the same process 6 AIS -1028 3. A. 1. Business Meeting Meeting Date: 09/25/2012 Length (in minutes): Consent Item Agenda Tide: Adopt a Resolution Authorizing the Mayor to Execute an Intergovernmental Cooperative Agreement Regarding an Emergency Water Supply (Intertie) Prepared For: Dennis Koellermeier Submitted By: Greer Gaston, Public Works Item Type: Resolution Meeting Type: Consent Agenda Information ISSUE Should the council adopt a resolution authorizing the mayor to execute an intergovernmental cooperative agreement regarding an emergency water supply? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the council adopts the resolution. KEY FACTS AND INFORMATION SUMMARY Background Lake Oswego's water system is connected to the water systems of the South Fork Water Board and West Linn via an intertie. Under an emergency water supply agreement, these three entities have supplied water to one another during emergencies. Most recently, Lake Oswego provided water to West Linn when flood debris rendered West Linn's intake facilities inoperable for about a week. During this time, Lake Oswego provided West Linn with 2 million gallons of water per day. Why Is a New Emergency Water Supply Agreement Needed? In 2008, the cities of Lake Oswego and Tigard entered into a water partnership agreement whereby the two cities would work together to develop a new water system that will meet both communities' future water needs. Under the agreement, Tigard obtained an ownership interest in the intertie used to provide emergency water. As an owner, Tigard needs to be included in the emergency water supply agreement. Lake Oswego's existing water treatment plant is located in West Linn. Water partnership plans include an expansion of this plant; the expansion project was reviewed by the West Linn Planning Commission. The planning commission suggested the emergency water supply agreement be updated. The New Agreement A new emergency water supply agreement is attached as Exhibit A to the resolution. The agreement is entitled, Intergovernmental Cooperative Agreement for Water System Intertie between the South Fork Water Board, the City of Lake Oswego, the Cfty of West Linn, and the City of Tigard. Under the new agreement: • Tigard becomes party to the agreement. • Lake Oswego and Tigard will provide an emergency water supply to South Fork Water Board and West Linn. • South Fork Water Board and West Linn will provide an emergency water supply to Lake Oswego and Tigard. • Tigard will share in the cost to repair intertie infrastructure used to provide water to Tigard and Lake Oswego. • Tigard will share in the cost of intertie capital improvements that benefit Tigard. • Benefits received by West Linn —as a result of the Lake Oswego - Tigard Water Partnership—are acknowledged. OTHER ALTERNATIVES CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 12- A RESOLUTION AUTHORIZING THE MAYOR TO EXECU "IE AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING AN EMERGENCY WATER SUPPLY (INTERTIE) WHEREAS, Lake Oswego's water system is connected to the water systems of the South Fork Water Board and West Linn via an intertie, and under an emergency water supply agreement, these three entities have supplied water to one another during emergencies; and WHEREAS, the cities of Lake Oswego and Tigard entered into a water partnership agreement whereby the two cities would work together to develop a new water system that will meet both communities' future water needs; and WHEREAS, under the water partnership agreement, Tigard obtained an ownership interest in the intertie used to provide emergency water; and WHEREAS, as an owner in the intertie, Tigard needs to be included in the emergency water supply agreement; and WHEREAS, water partnership plans include an expansion of Lake Oswego's existing water treatment plant in West Linn, and the West Linn Planning Commission suggested the emergency water supply agreement be updated; and WHEREAS, an emergency water supply agreement has been developed and is attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: On behalf of the Tigard City Council, the mayor is authorized to execute the emergency water supply agreement, entitled the Intergovernmental Cooperative Agreement for Water System Intertie between the South Fork Water Board, the City of Lake Oswego, the City of West Linn, and the City of Tigard (Exhibit A). SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2012. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 12- Page 1 Exhibit A INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR WATER SYSTEM INTERTIE BETWEEN THE SOUTH FORK WATER BOARD, THE CITY OF LAKE OSWEGO, THE CITY OF WEST LINN, AND THE CITY OF TIGARD This Agreement is made and entered into by and between the South Fork Water Board, an intergovernmental entity created pursuant to ORS Chapter 190, serving as a water supply agency and jointly owned and operated by the Cities of Oregon City and West Linn, hereinafter referred to as "Board," and the City of Lake Oswego, an Oregon municipal corporation, hereinafter referred to as "Lake Oswego," and the City of West Linn, an Oregon municipal corporation, hereinafter referred to as "West Linn," and the City of Tigard, an Oregon Municipal Corporation, hereinafter referred to as "Tigard ", all hereinafter collectively referred to as the "Parties." RECITALS The Parties agree upon the following recitals: 1. WHEREAS, the Parties acknowledge that the Board, Lake Oswego, and West Linn entered into an intergovernmental cooperative agreement in 1984 to provide for the construction, operation and maintenance of an emergency water system intertie between the water supply system of the Board and West Linn and the water supply system of Lake Oswego; and 2. WHEREAS, the facilities as described in the 1984 agreement, which are located near the intersection of Old River Road and Kenthorpe Way in West Linn, were constructed and the intertie became operable in that same year, and 3. WHEREAS, the intertie has been utilized periodically since 1984 during emergencies to provide emergency water supply between the Board, Lake Oswego, and West Linn; and 4. WHEREAS, the planning for the 1984 intertie contemplated future construction of an intertie water pump station in the vicinity of original intertie; and 5. WHEREAS, West Linn has constructed the previously contemplated pump station on Old River Road near its intersection with Kenthorpe Way; and 6. WHEREAS, the intertie pump station and appurtenant facilities provide benefit to all of the Parties to this agreement; and 7. WHEREAS, the Board, Lake Oswego, and West Linn contributed to the cost of the pump station and appurtenant facilities; and 8. WHEREAS, Lake Oswego and Tigard have entered into an intergovernmental cooperative agreement that conveys an ownership interest in existing water supply facilities necessary to supply emergency water to West Linn and Board, and provides for construction of new water 1 supply facilities including an expanded water treatment plant and raw and finished water pipelines to supply their respective long term water needs; and 9. WHEREAS, the changes in ownership, anticipated facilities expansion, and water allocation formulas called for in the intergovernmental agreement between Lake Oswego and Tigard necessitate amendment of the existing water system intertie agreement; and 10. WHEREAS, through expansion of Lake Oswego's existing water supply system to its ultimate treatment capacity of 38 million gallons per day (mgd), Lake Oswego and Tigard can continue to provide West Linn and Board with redundant water supply facilities and a reliable source of emergency water supply sufficient to meet West Linn's average day demand of 4 mgd through at least 2041; and 11. WHEREAS, the Parties agree that other options for West Linn to provide its citizens with a redundant and reliable water supply system for emergency water supply needs are significantly more expensive and therefore agree it is in the best interests of their respective communities to work together in good faith to address critical, local water infrastructure needs in a coordinated and collaborative manner for mutual benefit; and 12. WHEREAS, provided that expansion of Lake Oswego's existing water supply system occurs, West Linn ratepayers will avoid $11.6 million in water system capital construction needs, and each Party will realize other benefits including mitigating environmental impacts from duplicative infrastructure projects, flexibility in system operations for emergency and non - emergency events, and economies not otherwise achieved through individual actions; and 13. WHEREAS, the Parties acknowledge that by entering into this Agreement the public health, safety and welfare of their citizens are protected and enhanced in a fiscally responsible manner; and 14. WHEREAS, the Parties acknowledge that they have authority to execute this cooperative intergovernmental agreement pursuant to the terms of their respective municipal charters and pursuant to ORS 190.010; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, it is agreed by and between the Parties hereto as follows: 1. "Water Supply Facilities" Defined. As used herein, the term "water supply facilities" means river intake, raw and finished pumping facilities, water treatment facilities, water storage facilities, and all other infrastructure used in conjunction with the appropriation, treatment, storage or transmission of the Parties' water. 2. "Emergency Condition" Defined. An "emergency condition" is an occurrence created by a failure of the water supply facilities of the Board, Lake Oswego, West Linn, or Tigard, or the occurrence 2 AIS -1020 5 Business Meeting Meeting Date: 09/25/2012 Length (in minutes): 5 Minutes Agenda Title: Present the Council with the National American Public Works Association's Project of the Year Award for the Burnham Street Reconstruction Project Prepared For: Kim McMillan Submitted By: Greer Gaston, Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Information ISSUE Staff will present the council with the national American Public Works Association's (APWA's) Project of the Year Award for the Burnham Street reconstruction project. STAFF RECOMMENDATION / ACTION REQUEST No action is required; the council is asked to accept the award. KEY FACTS AND INFORMATION SUMMARY In 2011, the city's Burnham Street reconstruction project was awarded the Project of the Year Award from the local chapter of the APWA. On August 27, 2012, the Burnham Street reconstruction project was awarded the Project of the Year Award for Transportation Projects between $5 and $25 million at the national level of the APWA. This award recognizes the partnership between the managing agency, the consultant /architect /engineer and the contractor who, working together, complete public works projects. The award acknowledged the City of Tigard along with the project design and construction team which included OTAK Engineers, Kodiak Pacific Construction and WH Pacific. Kim McMillan was the city's project manager. Ms. McMillan recently traveled to the APWA national conference in Anaheim, California where she accepted the award on behalf of the city. Ms. McMillan will present the award to council. OTHER ALTERNATIVES None COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS None DATES OF PREVIOUS COUNCIL CONSIDERATION Items associated with the Burnham Street reconstruction project and project briefings were presented to the council many times throughout the life of the project. AIS -980 6. Business Meeting Meeting Date: 09/25/2012 Length (in minutes): 15 Minutes Agenda Title: Supplemental Budget Amendment to FY 2013 Adopted Budget Prepared For: Toby LaFrance Submitted By: Carissa Collins, Financial and Information Services Motion Requested Resolution Item Type: Public Hearing - Informational Meeting Type: Council Business Meeting - Main Information ISSUE A first quarter supplemental amendment to the FY 2013 Adopted Budget is requested. The purpose of the supplemental is to account for revenues and expenses that were unknown at the time of budget adoption. The following issues are addressed in the amendment A. Carryforwards in Public Works, and the Capital Improvement Program (CIP) B. Grant Revenues and Expenses C. CIP Budget Adjustments D. Budget Adjustments in Public Works Sanitary Sewer, Stormwater, and Fleet /Property Management Operations. STAFF RECOMMENDATION / ACTION REQUEST Approve the FY 2013 First Quarter Supplemental Budget Amendment. KEY FACTS AND INFORMATION SUMMARY The following is a list of items that require council action for the FY 2013 Adopted Budget A. Carryforwards for Public Works & Capital Improvement Program Public Works: 1. Carrvforward - Brightworks Sustainability Coordinator - A carryforward totalling $20,000 is requested for professional services work to complete the sustainability initiative in relation to council goals. Capital Improvement Program: 2a). Carryforward -Main St. Sewer (Fanno Creek Crossing Elimination) — A carryover of $7,000 is requested to complete the design specifications for the sewer line underneath the bridge. 2b). Carryforward -Derry Dell Creek & Sewer Interceptor Relocation — A carryforward in the amount of $1,105,000 is requested for the completion of the land acquisition for this project. 2c). Carryforward- Crosswalk Beacon Upgrades — A carryover in the amount of $35,000 is requested to complete the final installation of crosswalk controls at 68th and Hampton. B. Grant Revenues and Expenses 3a). Police — The city received the Edward Byrne Grant in the amount of $11,143 to be used for the upgrade and acquisition of briefing room equipment including cabling, audio visual equipment, and office furniture for Operations. Additionally, a $32,748 Homeland Security Grant was received for the purchase of camera equipment in Support Services for $10,188, and $22,560 for the purchase of portable radios in Operations. 3b). Public Works — The city received two Homeland Security Grants totaling $25,600. A total of $20,000 will be used for the development of the Continuity of Operations Plan, and $5,600 will be used for the purchase of training materials for the Community Emergency Response Teams (CERT). In addition, the city received a $5,000 grant from Metro for the Regional Trail Sign Plan. 3c). Community Development - In FY 2012, the city received a $45,000 grant to begin work on Goal 10: Housing from the Department of Land Conservation and Development. The city receives reimbursement after each of the 8 tasks are completed. The first task of this project was not completed by June 30, 2012, therefore requiring a carryover into the next fiscal year. A total of $7,500 is required to complete this task. C. Capital Improvement Program Budget Adjustments 4. Main St. Green St. Retrofit — A total of $177,000 is requested for right -of -way (ROW) purchase and design work. A total of $173,000 is required for ROW on Main Street. The Oregon Department of Transportation will reimburse the city 89% or $153,970 of the cost. This does not include the city's 11% match or $19,030. 5a). Fanno Cr. Trail (Main to Grant) — Approximately $9,000 is being requested for the completion of design specifications, permits, and the communication plan for this project. 5b). Fanno Cr. Trail (Main to Grant) & East Butte Heritage Park — In June 2012, council approved the new methodology for the Parks System Development Charges. With this action, additional revenue is expected to occur within this fund. This will enable the city to use Park SDC to fund part of the development of East Butte Heritage for $93,750 and the Fanno Creek Trail in the amount of $43,250. 6. Park System - Washington County partnered with the city to purchase Sunrise Park. The city's portion of the purchase was for $400,000 which was reimbursed by Washington County in May 2012. This amount requires appropriation in order to be used for potential land acquisitions made during the fiscal year. D. Budget Adjustments in Public Works and Policy & Administration Public Works and Policy & Administration: 7. Sanitary Sewer - Additional appropriation is requested in order to bring the city into compliance with Clean Water Service standards. The Sanitary Sewer Fund currently has $27,100 budgeted. However, an additional $137,000 is requested to TV an added 232,200 feet of sewer lines at $0.59 /foot. 8. Parks & Grounds - The Voluntary Separation Option (VSO) was approved for the Parks Senior Utility Worker position. This position was to remain vacant until April 2013. However, this position was eliminated by error in the adopted budget. This action will reinstate the 1.0 FEE along with salary and benefits for the remaining 3 months of the fiscal year in the amount of $15,585. Total 1N'1'E will increase from 8.75 to 9.75 in this division. 9. Engineering - As part of the VSO process, Engineering was approved to hire an Engineering Tech I. The budget was originally adopted for the position to begin at Step 1. Based upon city manager's approval, this position will begin at Step 4. An additional $9,700 is being requested in order for this position to have sufficient budget. 10. Administration - Budget Committee recommended the 1% increase of the Solid Waste Franchise Fee prompting a review of the rates. Additional funding in the amount of $8,640 is requested to perform a review of the rates. 11. Street Maintenance - A total of $100,000 was appropriated for the ROW Maintenance as a transfer from the Street Maintenance Fee Fund to the Gas Tax Fund in the FY 2013 Adopted Budget. However, only $75,000 was budgeted in the Street Maintenance Division. This request will ensure that there is enough budget available to complete the ROW work. 12. Healthy Streams — A transfer of $103,014 of sewer funds is being requested to reimburse the Stormwater funds for work related to sanitary sewer. 13. Risk Management — A total of $50,000 is required for insurance claims. 14. Fleet /Property Management — A total of $14,700 is being requested to hire a part-time seasonal worker to assist the Fleet Division with the pick -up and drop -off of vehicles for repair. OTHER ALTERNATIVES Do not approve the supplemental budget amendment. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS 2. Financial Stability DATES OF PREVIOUS CONSIDERATION N/A Fiscal Impact Cost: $2,593,991 Budgeted (yes or no): No Where Budgeted (department /program): PW /Risk /CIP Additional Fiscal Notes: The total impact of this action will increase the FY 2013 Adopted Budget by $2,593,991. Although the supplemental consists of increased requirements, they are offset by additional resources including grant revenues. There are three items that impact reserves by a total of $346,986. Items 6 and 13 reduce the reserve for future expenditures in the Parks Bond Fund and the Risk Management Fund by $400,000 and $50,000 respectively. Item 12 increases the reserve for future expenditure in the Stormwater Fund by $103,014. The Exhibit -A has the details of each budgetary item. Attachment #1 summarizes the items by fund and for all city funds. Attachments Resolution Exhibit A Attachment 1 Attachment -1 FY 2013 First Quarter Supplemental Budget Amendment City of Tigard Operations Carryforward-Brightworks PW A carryforward is requested for consultant support 1 $20,000 Administration/General to complete the sustainability initiative in relation to Sustainability Coordinator Fund council goals. Total Carryforward for Public $20,000 Wnrk Carryforward -Main St. Sewer ( Fanno $7,000 CIP /Sanitary Sewer To complete design specifications for sewerline Creek Crossing Elimination) underneath bridge. Carryforward -Deny Dell Cr. & Sewer A carryforward is requested for completion of the 2 Interceptor Relocation $1,105,000 CIP /Sanitary Sewer land acquisition related to development of this project. Carryforward CIP - Crosswalk Beacon A canyforward is requested to complete the final Upgrades $35,000 CIP /Gas Tax installation of crosswalk controls at 68th and Hampton. Total Carryforward for CIP $1,147,000 PD Operations/General Grant revenues used for the upgrade and acquisition Grants - Edward Byrne Grant $11,143 Fund of briefing room equipment to include cabling, 3a) audio visual equipment, and office furniture. PD Operations & Recognition and use of a federal grant: $10,188 for Grants - Homeland Security Grants $32,748 Support/General Fund camera equipment and $22,560 for portable radios in Police. PW Homeland Security Grant - Development of the Grants - Homeland Security Grants $20,000 Administration/General Fund Continuity of Operations Plan. PW Homeland Security Grant- Community Emergency 3b) Grants- Homeland Security Grants $5,600 Administration/General Response Teams (CERT) materials and technical Fund training for Emergency Management. Parks & The city received a matching grant from the Metro Grants - Regional Trail Sign Plan $5,000 Grounds /General Fund 2011 ODOT Flex Funds for the implementation of the Intertwine Regional Trail Sign Plan. The city received a grant in the amount of $45,000 to begin the Goal 10: Housing work. The city does 3c) Carryforward- Department of Land $7,500 CD /General Fund not receive reimbursement until each of the 8 tasks Conservation & Development are completed. The first task for $7,500 for this project was not completed by June 30, 2012, requesting a carryover to next fiscal year. Total Grants $81,991 For quality assurance of design work in the amount of $4,000. Also, $173,000 is requested for the 4 Main St. Green St. Retrofit $177,000 CIP /Gas Tax purchase of right -of -way on Main Street. The Oregon Dept. of Transportation will reimburse the city at 89% of ROW costs (minus the 11% match). This request is needed to complete the planting 5a) Fanno Cr. Trail (Main to Grant) $9,000 CIP/Park SDC specifications, permits, and communications plan _for this project. Attachment -1 FY 2013 First Quarter Supplemental Budget Amendment City of Tigard Operations On June 12, 2012, council approved the new methodology for Parks SDC's. With this action, it is 5b) CIP- Fanno Creek Trail Main to Grant $137,000 CIP/Park SDC Fund anticipated that revenues will be higher in this fund. and East Butte Heritage Park This will enable the city to use Park SDC to fund part of the development of East Butte Heritage for $93,750 and the Fanno Creek Trail for $43,250. Vv dJlllll ,,IUII ..UUIIIy pal LIICICU W1LII LIIO Ldly it) purchase Sunrise Park. The city's portion of the purchase was for $400,000 which was reimbursed 6 CIP - Park System $400,000 CIP/Parks Bond by Washington County in May 2012. This amount needs to be appropriated in order to be used for potential land acquistions made during the fiscal Total CIP 5723,000 ^ ^- Additional appropriation is requested in order to bring the city into compliance with Clean Water 7 Sanitary Sewer TV Inspections $137,000 Sewer /Sanitary Sewer Service standards. The Sanitary Sewer Fund Fund currently has $27,100 budgeted. However, an additional $137,000 is requested to TV an added 232,200 feet of sewer lines at $0.59 /foot. The Voluntary Separation Option (VSO) was approved for the Parks Senior Utility Worker position. This position was to remain vacant until Parks & April 2013. However, this position was eliminated 8 Parks & Grounds Operations $15,585 Grounds/General Fund by error in the adopted budget. This action will reinstate the 1.0 FTE along with salary and benefits for the remaining 3 months of the fiscal year {Salary@$11,703 + Benefits @$3,882 }. Total FTE will increase from 8.75 to 9.75 in this division. As part of the VSO process, Engineering was approved to hire a Engineering Tech I. The budget 9 PW Engineering Operations $9,700 Engineering/General was originally adopted for the position to begin at Fund Step 1. Based upon city manager's approval, this position will begin at Step 4. This action will provide sufficient budget for this position. PW Budget Committee approved the 1% increase of the 10 PW Administration Operations $8,640 Administration/General Solid Waste Franchise Fee prompting a review of Fund the rates. Additional funding is requested to perform a review of the rates. A total of $100,000 was appropriated for the ROW Maintenance as a transfer from the Street Streets Right -of -Way (ROW) Street Maintenance /Gas Maintenance Fee Fund to the Gas Tax Fund in the 11 Maintenance $25,000 Tax FY 2013 Adopted Budget. However, only $75,000 was budgeted in the Street Maintenance Division. This request will ensure that there is enough budget available to complete the ROW work. PW /Sanitary Sewer Transfer to Healthy Streams Division to reimburse 12 Transfers for Healthy Streams $103,014 Fund Storm Fund for work related to Sewer total division allocation $206,028/2 total transfer $103,014. 13 Risk Management - Insurance Fund $50.000 Risk/Insurance Fund Appropriation for insurance claims. Attachment -1 FY 2013 First Quarter Supplemental Budget Amendment City of Tigard Operations r,eet Funding is requested for a part time seasonal worker 14 Fleet/Property Management $14.700 Maintenance/Fleet- for Fleet in order to pick -up and drop -off vehicles Prop Manangement for repair. r__ a Total Department Operations $363,639 FY 2013 First Quarter Supplemental Attachment - Summary of Budget Changes Adopted Revised Budget Amendment Budget All City Funds Resources Beginning Fund Balance $ 139,875,542 $ 1,167,000 $ 141,042,542 Property Taxes $ 14,990,988 $ - $ 14,990,988 Franchise Fees $ 4,966,611 $ - $ 4,966,611 Special Assessments $ 120,000 $ - $ 120,000 Licenses & Permits $ 4,987,385 $ 137,000 $ 5,124,385 Intergovernmental $ 9,984,804 $ 235,961 $ 10,220,765 Charges for Services $ 27,022,493 $ - $ 27,022,493 Fines & Forfeitures $ 1,073,726 $ - $ 1,073,726 Interest Earnings $ 493,317 $ - $ 493,317 Miscellaneous $ 331,215 $ - $ 331,215 Other Financing Sources $ 280,000 $ - $ 280,000 Transfers In from Other Funds S 15,873,219 $ 707,044 S 16,580,263 e otal Resources $ 219,999,300 $ 2,247,005 $ 222,246,305 Requirements Policy and Administration $ 7,090,994 $ 50,000 $ 7,140,994 Community Development $ 4,224,664 $ 7,500 $ 4,232,164 Community Services $ 19,922,675 $ 43,891 $ 19,966,566 Public Works 5 19,884,251 $ 261,225 S 20,145,476 Program Expenditures Total $ 51,122,584 $ 362,616 $ 51,485,200 Debt Service 5 7,211,657 $ - $ 7,211,657 Loans $ 280,000 $ - $ 280,000 Work -In- Progress $ 37,364,640 $ 1,870,000 $ 39,234,640 Transfers to Other Funds $ 15,873,219 $ 707,044 $ 16,580,263 Contingency S 3,310,000 $ (345,669) $ 2,964,331 Total Budget $ 115,162,100 $ 2,593,991 $ 117,756,091 Reserve For Future Expenditure $ 104,837,200 $ (346,986) $ 104,490,214 Total Requirements $ 219,999,300 $ 2,247,005 $ 222,246,305 FY 2013 First Quarter Supplemental Attachment - Summary of Budget Changes Reference Budget Items: 1, 3a, 3b, 3c, 8, 10 Adopted Revised Budget Amendment Budget General Fund Resources Beginning Fund Balance $ 6,321,359 $ 20,000 $ 6,341,359 Property Taxes $ 12,726,427 $ - $ 12,726,427 Franchise Fees $ 4,966,611 $ - $ 4,966,611 Licenses & Permits $ 882,300 $ - $ 882,300 Intergovernmental $ 5,589,661 $ 81,991 $ 5,671,652 Charges for Services $ 3,142,995 $ - $ 3,142,995 Fines & Forfeitures $ 1,063,126 $ - $ 1,063,126 Interest Earnings $ 103,722 $ - $ 103,722 Miscellaneous $ 24,655 $ - $ 24,655 Other Financing Sources $ 280,000 $ - $ 280,000 Transfers In from Other Funds S ?11,0111) S - S 70,000 Total Resources $ 35,170,856 $ 101,991 $ 35,272,847 Requirements Policy and Administration $ 748,857 $ - $ 748,857 Community Development $ 2,921,115 $ 7,500 $ 2,928,615 Community Services $ 19,608,151 $ 43,891 $ 19,652,042 Public Works $ 4,999,096 $ 84,525 $ 5,083,621 Program Expenditures Total $ 28,277,219 $ 135,916 $ 28,413,135 Debt Service $ - $ - $ - Loans $ 280,000 $ - $ 280,000 Work -In- Progress $ - $ - $ - Transfers to Other Funds $ 623,264 $ - $ 623,264 Contingency $ 1,000,000 $ (33,925) $ 966,075 Total Budget $ 30,180,483 $ 101,991 $ 30,282,474 Reserve For Future Expenditure $ 4,990,373 $ - $ 4,990,373 Total Requirements $ 35,170,856 $ 101,991 $ 35,272,847 FY 2013 First Quarter Supplemental Attachment -1 Summary of Budget Changes Reference Budget Items: 2a, 2b, 7, 12 Adopted Revised Budget Amendment Budget Sanitary Sewer Fund Resources Beginning Fund Balance $ 5,732,337 $ 1,112,000 $ 6,844,337 Property Taxes $ - $ - $ - Franchise Fees $ - $ - $ - Licenses & Permits $ 178,250 $ - $ 178,250 Intergovernmental $ - $ - $ - Charges for Services $ 1,283,300 $ - $ 1,283,300 Fines & Forfeitures $ - $ - $ - Interest Earnings $ 100,333 $ - $ 100,333 Miscellaneous $ 127,513 $ - $ 127,513 Other Financing Sources $ - $ - $ - Transfers In from Other Funds $ 329,000 $ - $ 329,000 Total Resources $ 7,750,733 $ 1,112,000 $ 8,862,733 Requirements Policy and Administration $ - $ - $ - Community Development $ - $ - $ - Community Services $ - $ - $ - Public Works $ 1,423,428 $ 137,000 $ 1,560,428 Program Expenditures Total $ 1,423,428 $ 137,000 $ 1,560,428 Debt Service $ - $ - $ - Loans $ 200,000 $ - $ 200,000 Work -In- Progress $ 3,009,388 $ 1,112,000 $ 4,121,388 Transfers to Other Funds $ 67,149 $ 103,014 $ 170,163 Contingency S 400,000 $ (240,014) S 159,986 Total Budget $ 5,099,965 $ 1,112,000 $ 6,211,965 Reserve For Future Expenditure $ 2,650,768 $ - $ 2,650,768 Total Requirements $ 7,750,733 $ 1,112,000 $ 8,862,733 FY 2013 First Quarter Supplemental Attachment -1 Summary of Budget Changes Reference Budget Items: 2c, 4,11 Adopted Revised Budget Amendment Budget Gas Tax Fund Resources Beginning Fund Balance $ 1,655,204 $ 35,000 $ 1,690,204 Property Taxes $ - $ - $ - Franchise Fees $ - $ - $ - Licenses & Permits $ 2,602 $ - $ 2,602 Intergovernmental $ 3,621,560 $ - $ 3,621,560 Charges for Services $ - $ - $ - Fines & Forfeitures $ - $ - $ - Interest Earnings $ 55,732 $ - $ 55,732 Miscellaneous $ 59,700 $ - $ 59,700 Other Financing Sources S - $ - $ - Transfers In from Other Funds S 100 00U S - S 100,ODU Total Resources $ 5,494,798 $ 35,000 $ 5,529,798 Requirements Policy and Administration S - $ - $ - Community Development S - $ - $ - Community Services S - $ - $ - Public Works $ 2,204,010 $ 25,000 $ 2,229,010 Program Expenditures Total $ 2,204,010 $ 25,000 $ 2,229,010 Debt Service $ 615,928 $ - $ 615,928 Loans $ - $ - $ - Work -In- Progress S - $ - $ - Transfers to Other Funds S 2,232,133 $ 58,030 $ 2,290,163 Contingency $ 300,000 $ (48,030) $ 251,970 Total Budget $ 5,352,071 $ 35,000 $ 5,387,071 Reserve For Future Expenditure $ 142,727 $ - $ 142,727 Total Requirements $ 5,494,798 $ 35,000 $ 5,529,798 FY 2013 First Quarter Supplemental Attachment - Summary of Budget Changes Reference Budget Items: 2c, 4 Adopted Revised Budget Amendment Budget Transportation CIP Fund Resources Beginning Fund Balance $ 71,086 $ - $ 71,086 Property Taxes $ - $ - $ - Franchise Fees $ - $ - $ - Licenses & Permits $ - $ - $ - Intergovernmental $ - $ 153,970 $ 153,970 Charges for Services $ - $ - $ - Fines & Forfeitures $ - $ - $ - Interest Earnings $ - $ - $ - Miscellaneous $ - $ - $ - Other Financing Sources $ - $ - $ Transfers In from Other Funds S 3,313,719 S 58,030 S 3,371, Total Resources $ 3,384,805 $ 212,000 $ 3,596,805 Requirements Policy and Administration ' - ,, - $ Community Development c. - $ - $ - Community Services S - $ - $ - Public Works S - $ - $ - Program Expenditures Total $ - $ - $ - Debt Service $ - $ - $ - Loans $ - $ - $ - Work-In-Progress $ 3,348,719 $ 212,000 $ 3,560,719 Transfers to Other Funds $ - $ - $ - Contingency $ - $ - $ - Total Budget $ 3,348,719 $ 212,000 $ 3,560,719 Reserve For Future Expenditure $ 36,086 $ - $ 36,086 Total Requirements $ 3,384,805 $ 212,000 $ 3,596,805 FY 2013 First Quarter Supplemental Attachment - Sttmmary of Budget Changes Reference Budget Items: 5a, 5b Adopted Revised Budget Amendment Budget Parks SDC Fund Resources Beginning Fund Balance $ 2,910,897 $ - $ 2,910,897 Property Taxes $ - $ - $ - Franchise Fees $ - $ - $ - Licenses & Permits $ 257,825 $ 137,000 $ 394,825 Intergovernmental $ - $ - $ - Charges for Services $ - $ - $ - Fines & Forfeitures $ - $ - $ - Interest Earnings $ 19,782 $ - $ 19,782 Miscellaneous $ - $ - $ - Other Financing Sources $ - S - $ - Transfers In from Other Funds S - - S Total Resources $ 3,188,504 $ 137,000 $ 3,325,504 Requirements Policy and Administration $ - $ - $ - Community Development $ - $ - $ - Community Services $ - $ - $ - Public Works $ - $ - $ - Program Expenditures Total $ - $ - $ - Debt Service S - $ - $ - Loans $ - $ - $ - Work-In-Progress S - $ - $ - Transfers to Other Funds S 1,172,325 $ 146,000 $ 1,318,325 Contingency S 100,000 $ (9,000) S 91,000 Total Budget $ 1,272,325 $ 137,000 $ 1,409,325 Reserve For Future Expenditure $ 1,916,179 $ - $ 1,916,179 Total Requirements $ 3,188,504 $ 137,000 $ 3,325,504 FY 2013 First Quarter Supplemental Attachment - Summary of Budget Changes Reference Budget Items: 5a, 5b, 6 Adopted Revised Budget Amendment Budget Parks Capital Fund Resources Beginning Fund Balance $ 141,884 $ - $ 141,884 Property Taxes $ - $ - $ - Franchise Fees $ - $ - $ - Licenses & Permits $ - $ - $ - Intergovernmental $ 34,000 $ - $ 34,000 Charges for Services $ - $ - $ - Fines & Forfeitures $ - $ - $ - Interest Earnings $ 3,015 $ - $ 3,015 Miscellaneous $ - $ - $ - Other Financing Sources $ - $ - $ - Transfers In from Other Funds S 5,902,628 S 546,000 $ 6448,628 Total Resources $ 6,081,527 $ 546,000 $ 6,627,527 Requirements Policy and Administration $ - $ - $ - Community Development $ - $ - $ - Community Services S - $ - $ - Public Works S - $ - $ - Program Expenditures Total $ - $ - $ - Debt Service $ - $ - $ - Loans $ - $ - $ - Work-In-Progress $ 6,073,628 $ 546,000 $ 6,619,628 Transfers to Other Funds $ - $ - $ - Contingency $ - $ - $ - Total Budget $ 6,073,628 $ 546,000 $ 6,619,628 Reserve For Future Expenditure $ 7,899 $ - $ 7,899 Total Requirements $ 6,081,527 $ 546,000 $ 6,627,527 FY 2013 First Quarter Supplemental Attachment -1 Summary of Budget Changes Reference Budget Items: 6 Adopted Revised Budget Amendment Budget Parks Bond Fund Resources Beginning Fund Balance $ 6,170,647 $ - $ 6,170,647 Property Taxes $ - $ - $ Franchise Fees $ - $ - $ - Licenses & Permits $ - $ - $ Intergovernmental $ - $ - $ - Charges for Set-vices $ - $ - $ - Fines & Forfeitures $ - $ - $ - Interest Earnings $ 4,020 $ - $ 4,020 Miscellaneous $ - $ - $ - Other Financing Sources S - S - S - Transfers In from Other Funds s - S - S - Total Resources $ 6,174,667 $ - $ 6,174,667 Requirements Policy and Administration - $ - $ - Community Development S - $ - $ - Community Services S - $ - $ - Public Works $ - $ - $ - Program Expenditures Total $ - $ - $ - Debt Service $ - $ - $ - Loans $ - $ - $ - Work-In-Progress $ - $ - $ - Transfers to Other Funds $ 4,577,628 $ 400,000 $ 4,977,628 Contingency S - S - S - Total Budget $ 4,577,628 $ 400,000 $ 4,977,628 Reserve For Future Expenditure $ 1,597,039 $ (400,000) $ 1,197,039 Total Requirements $ 6,174,667 $ - $ 6,174,667 FY 2013 First Quarter Supplemental Attachment - Summary of Budget Changes Reference Budget Items: 12 Adopted Revised Budget Amendment Budget Stormwater Fund Resources Beginning Fund Balance $ 1,084,671 $ - $ 1,084,671 Property Taxes $ - $ - $ - Franchise Fees $ - $ - $ - Licenses & Permits $ - $ - $ - Intergovernmental $ - $ - $ - Charges for Services $ 1,948,353 $ - $ 1,948,353 Fines & Forfeitures $ - $ - $ - Interest Earnings $ 7,936 $ - $ 7,936 Miscellaneous $ - $ - $ - Other Financing Sources $ - $ - $ - Transfers In from Other Funds S S 103,014 S 103,014 Total Resources $ 3,040,960 $ 103,014 $ 3,143,974 Requirements Policy and Administration $ - $ - $ Community Development $ - $ - $ - Community Services $ - $ - $ - Public Works $ 1,652,460 $ - $ 1,652,460 Program Expenditures Total $ 1,652,460 $ - $ 1,652,460 Debt Service $ - $ - $ - Loans $ - $ - $ - Work-In-Progress $ 331,807 $ - $ 331,807 Transfers to Other Funds $ 173,356 $ - $ 173,356 Contingency $ 100,000 $ - $ 100,000 Total Budget $ 2,257,623 $ - $ 2,257,623 Reserve For Future Expenditure $ 783,337 $ 103,014 $ 886,351 Total Requirements $ 3,040,960 $ 103,014 $ 3,143,974 FY 2013 First Quarter Supplemental Attachment - Summary of Budget Changes Reference Budget Items: 13 Adopted Revised Budget Amendment Budget Insurance Fund Resources Beginning Fund Balance $ 792,663 $ - $ 792,663 Property Taxes $ - $ - $ - Franchise Fees $ - $ - $ - Licenses & Permits $ - $ - $ - Intergovernmental $ - $ - $ - Charges for Services $ - $ - $ - Fines & Forfeitures $ - $ - $ - Interest Earnings $ 7,810 $ - $ 7,810 Miscellaneous $ 52,936 $ - $ 52,936 Other Financing Sources S - $ - $ - Transfers In from Other lands c - S - $ - Total Resources $ 853,409 $ - 853,409 Requirements Policy and Administration $ 50,000 $ 50,000 $ 100,000 Community Development $ - $ - $ - Community Services $ - $ - $ - Public Works $ - $ - $ - Program Expenditures Total $ 50,000 $ 50,000 $ 100,000 Debt Service $ - $ - $ - Loans ' $ - $ - $ - Work -In- Progress $ - $ - $ Transfers to Other Funds $ 870 $ - $ 870 Contingency $ 10,000 S - S 10,000 Total Budget $ 60,870 $ 50,000 $ 110,870 Reserve For Future Expenditure $ 792,539 $ (50,000) $ 742,539 Total Requirements $ 853,409 $ - $ 853,409 FY 2013 First Quarter Supplemental Attachment - Summary of Budget Changes Reference Budget Items: 14 Adopted Revised Budget Amendment Budget Fleet /Property Management Fund Resources Beginning Fund Balance $ 115,817 $ - $ 115,817 Property Taxes $ - $ - $ - Franchise Fees $ - $ - $ - Licenses & Permits $ - $ - $ - Intergovernmental $ - $ - $ - ChargesforServices $ 1,506,121 $ - $ 1,506,121 Fines & Forfeitures $ - $ - $ - Interest Earnings $ - $ - $ - Miscellaneous $ - $ - $ Other Financing Sources $ - $ - S - Transfers In from Other Funds S 15,200 S S 1 3 2oi Total Resources $ 1,637,138 $ - $ 1,637,138 Requirements Policy and Administration $ - $ - $ - Community Development $ - $ - $ - Community Services $ - $ - $ - Public Works $ 1,575,171 $ 14,700 $ 1,589,871 Program Expenditures Total $ 1,575,171 $ 14,700 $ 1,589,871 Debt Service $ - S - $ Loans $ - S - $ - Work -In- Progress $ - $ - $ - Transfers to Other Funds $ - $ - $ - Contingency $ 40,000 $ (14,700) $ 25,300 Total Budget $ 1,615,171 $ - $ 1,615,171 Reserve For Future Expenditure $ 21,967 $ - $ 21,967 Total Requirements $ 1,637,138 $ - $ 1,637,138 AGENDA ITEM No. 6 Date: September 25, 2012 PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION APPROVING A SUPPLEMENTAL BUDGET AMENDMENT TO THE FISCAL YEAR 2013 ADOPTED BUDGET Due to Time Constraints City Council May Impose A Five - minute Time Limit on Testimony AGENDA ITEM No. 6 Date: September 25, 2012 PLEASE PRINT Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 11 Name, Address & Phone No. Name, Address & Phone ■q.,N J Name, Address & Phone No. r� / Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. N ame, Address & Phone No. Name, Address & Phone No. AIS- 1030 7 Business Meeting Meeting Date: 09/25/2012 Length (in minutes): 5 Minutes Agenda Title: Supplemental Budget Amendment to FY 2013 City Center Development Agency Adopted Budget Prepared For: Toby LaFrance Submitted By: Carissa Collins, Financial and Information Services Motion Requested Resolution Item Type: Public Hearing - Informational Meeting Type: City Center Development Agency Information ISSUE A first quarter supplemental amendment to the FY 2013 Adopted Budget for the City Center Development Agency (CCDA) is requested. The purpose of the supplemental is to account for revenues and expenses that were unknown at the time of budget adoption. STAFF RECOMMENDATION / ACTION REQUEST Approve the FY 2013 First Quarter Supplemental Budget Amendment for the City Center Development Agency. KEY FACTS AND INFORMATION SUMMARY This amendment requests a carry forward of a total of $42,000 of unspent budget. A total of $40,000 will be used for the Facade Improvement Program along with $2,000 to be used for completion of the Downtown Marketing Implementation Plan. OTHER ALTERNATIVES Do not approve the supplemental budget amendment. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS 2. Financial Stability DATES OF PREVIOUS CONSIDERATION N/A Fiscal Impact Cost: $42,000 Budgeted (yes or no): No Where Budgeted (department /program): Urban Renewal Additional Fiscal Notes: Total impact of this action will increase the FY 2013 Adopted Budget for the City Center Development Agency (CCDA) by $42,000. This amount will be offset by a carryover of unspent budget from the previous fiscal year. Attachments o 'H AGENDA ITEM No. 7 Date: September 25, 2012 PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before the City Center Development Agency (CCDA) on: CONSIDER A RESOLUTION APPROVING A SUPPLEMENTAL BUDGET AMENDMENT TO THE FISCAL YEAR 2013 CITY CENTER DEVELOPMENT AGENCY ADOPTED BUDGET Due to Time Constraints City Council May Impose A Five - minute Time Limit on Testimony II TIGARD TIGARD CITY COUNCIL NOTICE OF REVISED AGENDA FOR THE SEPTEMBER 25, 2012 BUSINESS MEETING Please note that the Tigard City Council September 25, 2012 Business Meeting Agenda has been revised to include a proposed resolution for City Council consideration regarding "Extending Incentives for Voluntary Annexation" 6:30 p.m. - Tigard Town Hall 13125 SW Hall Blvd., Tigard, OR - Public Welcome Please forward to: ❑ Findley Merritt, The Oregonian (finerrittaoregonian.com) O Editor, The Regal Courier ( Editor(cr�,theregalcourier.com) ❑ Geoff Pursinger, Tigard Times(gpursinger comm newspapers.com) ❑ Newsroom, The Times (Fax No. 503 - 546 -0724) For further information, please contact City Recorder Cathy Wheatley by calling 503 - 718 -2410. r afk 1.4, [Zi7r _ _ City Recorder Date: September 24, 2012 Post: Tigard City Hall Tigard Permit Center Tigard Public Library I: \adm \cathy \council \meeting notices \2012 \120925 revised agenda.doc