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City Council Packet - 11/23/1999
CITY OF TIGAM OREGON / v 1 1 d \ \ TIGARD CITY COUNCIL MEETING NOVEMBER 23,1999 COUNCIL MEETING WILL NOT BE TELEVISED i:tadmNo%ccpkt3.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 CITY OF TIGARD PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 mm. 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 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and 0 Qualified bilingual interpreters. i i Since these services must be scheduled with outside service providers, it is important to allow i as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639- 4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). s SEE ATTACHED AGENDA COUNCIL AGENDA NOVEMBER 23,1999 - PAGE 1 110111011112 - TIGARD CITY COUNCIL MEETING NOVEMBER 23, 1999 AGENDA 6:30 PM • STUDY SESSION EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), 81 (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. ➢ Library Expansion Committee Report ➢ Encroachment onto City Property 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 81 Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Police Sub-Station Intergovernmental Agreement between Tigard- Tualatin School District and the City Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. COUNCIL AGENDA - NOVEMBER 23,1999 - PAGE 2 7:45 PM 4. UPDATE: COUNCIL GOALS a. Staff Report: Administration Department b. Council Questions and Discussion 8:00 PM S. CONSIDER RE-ADOPTION OF PURCHASING RULES AS REQUIRED BY HOUSE BILL 2024 a. Staff Report: Finance Department b. Council Questions and Discussion .c. Council Consideration: Ordinance No. 99- 8:05 PM 6. COUNCIL LIAISON REPORTS 8:15 PM 7. NON AGENDA ITEMS 8:25 PM 8. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), 81 (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 8:45 PM 9. ADJOURNMENT RAMCATHMCM991121DOC COUNCIL AGENDA - NOVEMBER 23,1999 - PACE 3 . s w Agenda Item No._„,,-L, Meeting of TIGARD CITY COUNCIL MEETING MINUTES - NOVEMBER 23, 1999 • STUDY SESSION > Mayor Jim Nicoli called meeting to order at 6:32 p.m. > Council Present: Mayor Jim Nicoli, Councilors Brian Moore, Joyce Patton, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; City Recorder Catherine Wheatley; City Attorney Tim Ramis; Public Works Director Ed Wegner; Library Director Melinda Sisson; Parks Director Jeff Munro; Tom Imdieke > Library Expansion Committee Report Melinda Sisson, Library Director, reviewed the members of the Committee: Mayor Nicoli, Curtis Tigard, David Chapman (Library Board), George Burgess (Friends of the Library), Gus Duenas, and herself. She said that, following discussions on the budget and project scope, the Committee issued an RFP for programming and design on October 14. She indicated that, by the November 10 deadline, they received three proposals out of the 50 inquiries made. Ms. Sisson reported that the Committee decided to extend the RFP process because they felt that they had too few proposals from which to make a selection and because the proposals came in higher than the $1.2 million estimated budget cost ($1.3 to $1.9 million). She said that the new deadline was December 21. The Committee would evaluate the proposals on January 4. Ms. Sisson mentioned that, although the RFP remained essentially the same, the Committee did ask for information about the errors and omissions insurance carried by the firm, for comments on whether the proposed budget was adequate, and for tabulation of the total cost. Councilor Scheckla asked who set the $1.2 million budget. Ms. Sisson explained that the Committee used the estimates developed during the space planning process over the last couple of years. She mentioned the $816,000 gift from Grace Tigard Houghton and the $40,000 gift from Neva Root (for youth services). She said that the Library Foundation would do fundraising after its creation. She mentioned asking Council for additional funding. Mayor Nicoli commented that in December, the Budget Committee would decide what the City's contribution would be, in addition to the $150,000 already set aside. He mentioned that the Council has not allocated any of the settlement money from the Dolan matter. He noted that the Library Committee needed to set an absolute budget for the architect. Bill Monahan, City Manager, pointed out that the City was also crossing over into another budget cycle. He mentioned using general fund dollars other than the settlement dollars. Councilor Moore asked what tine square footage of the expansion would be. Mayor Nicoli said that it was between 7,000 to 8,000 square feet. Ms. Sisson mentioned their intent to open the new addition in August 2001. Councilor Patton suggested providing some concept drawings of the design at the Budget Committee meeting. Ms. Sisson indicated that staff also intended to present scenarios of the cost. CITY COUNCIL MEETING MINUTES - NOVEMBER 23, 1999 - PAGE 1 r ~ Mayor Nicoli commented that Mr. Tigard understood the realities at the City and that the Tigard Houghton Browsing Room might end up as the Tigard Houghton addition. Ms. Sisson indicated that the language of the gift did allow for such a modification. > Encroachment onto City Property Ed Wegner, Public Works Director, reported that Jeff Munro, Parks Supervisor, and Jim Coleman, City Attorney's Office, have worked out an amicable solution to the problems of encroachment while still taking advantage of the benefits. He mentioned the need to control the situation. He indicated that the only real problem with the rose garden was the fence that came right up to the path and posed a potential safety hazard. He commented that the property owner removed the residential playground equipment when he learned that City insurance did not cover it. He explained that this property owner had not installed the equipment and had thought that the City put it up. Mr. Wegner discussed the immediate need to deal with those areas where the private drainage systems encroached on City property. He mentioned the greenway running along the Tualatin River up towards the park (off Bonanza Way and Riverview) where the property owners ran their drainage under the fence and over the walkway, causing debris problems and a potential slippery situation during the winter. Mayor Nicoli commented that the new slope ordinance required homes on steep slopes (such as those in that area) to dispose of runoff water into a drain. Mr. Wegner concurred but pointed out that this proposed ordinance would take care of the existing problems. Mr. Wegner discussed the Summerlake Park situation in which the City authorized property owners to build irrigation systems all the way out to the hard surface trails. He explained that the problem was the sprinklers on a timer that could go off at any time, spraying pedestrians. He noted the provision requiring new homeowners to sign up with the City. He indicated that at that time the City could require the property owner to disconnect the irrigation system at the property line and to abandon the portion of the system in the City park. Councilor Scheckla asked what the City could do if the present homeowner did not sell his property. Mr. Wegner explained that, in the event of complaints, the City could force an existing homeowner either to abandon the system or to irrigate only in the late evening or early morning hours. Jeff Munro, Parks Supervisor, mentioned that the City could step in whenever the irrigation systems created a potential hazard on the walkway. Councilor Scheckla asked if people have been complaining about the sprinklers. Mr. Munro said that one particular citizen in Summerlake (who lived across the street, not on the lake) appeared to have a problem with the encroachments endemic throughout the neighborhood. He mentioned her other concern that trees planted years ago (with City permission) have grown up to block her view of the lake, thus reducing her home value. Mr. Munro reiterated that the City could re-negotiate at the time of property sale to require f maintenance or abandonment of the irrigation system. He commented that most of the property owners maintained their systems to a decent standard but there were some cases where large rocks or bushes were too close to the path. He explained that the first step was staff mapping out where the encroachments existed. CITY COUNCIL MEETING MINUTES - NOVEMBER 23, 1999 - PAGE 2 Mr. Wegner described this process as the City and the landowners coming to agreement on landscaping enhancements to the area that were consistent with the City's planting programs. Tim Ramis, City Attorney, pointed out that the approval standard requiring a finding by the City that the proposed encroachment was consistent with the City's use of the property was flexible enough to allow staff to use it in the various situations that might arise. Councilor Scheckla mentioned the need for consistency. Mr. Ramis pointed out that accusations of inconsistency were a risk run by the City with any regulatory program. He said that, as long as staff followed the standards given in the ordinance, he thought that they were in good shape. Mr. Wegner described a solution that staff would find acceptable for Mr. Meyer's rose garden: maintenance of the garden at a certain level, a setback from the path, and no erosion of the park by the irrigation system. He commented that if staff asked one person to remove their sprinkler system, they would ask all the property owners to do so over time. Councilor Scheckla asked if staff has contacted Meredith Williamson, a citizen interested in a beautification project in her area (SW 104th). Mr. Monahan said that he asked Streets Supervisor Howard Gregory to look into it because her request involved City right-of-way, not a City park. Mr. Wegner reiterated that this policy gave both the homeowner and the City the tools they needed to work out and put in writing what was best for everyone's interests. Councilor Moore asked if the encroaching homeowner had to name the City of Tigard as a co- insurer. Mr. Ramis said that the ordinance included a provision allowing the City to impose that condition in circumstances where staff thought that the City might be subject to potential liability. Councilor Moore asked what the fee covered. Mr. MunA o said that it covered the cost of the paperwork. Mr. Ramis pointed out that the Council had the right to set the fee by resolution and therefore could make adjustments to it, depending on the situation. Mr. Monahan mentioned the possibility of waiving the fee if there was a volunteer effort associated with the encroachment request. > EXECUTIVE SESSION The Tigard City Council went into Executive Session at 7:00 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Mayor Nicoli recessed the Executive Session to Study Session at 7:20 p.m. • The Council discussed where to hold their goal setting meeting scheduled for Monday, January 1, from 1:00 to 6:00 p.m. It agreed to hold it at City Hall. The Council agreed that they did not need a facilitator. a o Mr. Monahan mentioned the Holiday Tree Lighting on Friday, December 3. s • Councilor Scheckla mentioned that Jack Polans wanted to address Agenda Item 3.1. The Council agreed that he could do so under Visitors Agenda. > Mayor Nicoli adjourned the study session at 7:25 p.m. CITY COUNCIL MEETING MINUTES - NOVEMBER 23, 1999 - PAGE 3 INSPIRED 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7:32 p.m. 1.2 Roll Call Councilors Brian Moore, Ken Scheckla, Mayor Jim Nicoli, and Joyce Patton were present. 1.4 Council Communications: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. VISITOR'S AGENDA Jack Polans, 16000 SW Queen Victoria Place, King City Mr. Polaris asked several questions with respect to a staff summary memo discussing Agenda Item 3.1. Mayor Nicoli said that he would ask staff to respond to as many questions as they could at this time. He directed Mr. Polaris to talk with staff before the meeting when he had this many questions because staff could not fairly respond to them impromptu. He mentioned that the Council has already discussed this issue and asked for a minor change in the contract language. Councilor Moore asked where he could find articles written by Mr. Polans as a writer in the public's best interest. Mr. Polaris said that he never published anything. He indicated that his comments with respect to agenda items were his own personal opinions. Mr. Monahan responded to Mr. Polan's questions. He explained that, as a result of the Columbine High School incident, the Police Department has been working with the School District to provide a greater police presence reasons (more than the School Resource Officer) in and around the schools for security. He indicated that the School District recommended a police substation at Tigard High School. Mr. Monahan explained that, in addition to providing a police presence at the high school 24 hours a day, the substation provided officers in this area of town with a stopping off place where they could interview citizens and prepare reports without having to come in to the downtown station. He indicated that the City and the School District were splitting the $32,000 cost of the structure and installation at $16,000 each. He said that the City did prepare the draft and asked the District to review it. Mr. Monahan commented that he could not say how many Tigard citizens have read the visioning document. He mentioned that staff has heavily distributed it over the last couple of years. He noted the annual update. Mr. Monahan said that he did not know if the students have been specifically asked whether or not they liked the substation idea. He mentioned that the students reported feeling safer at the beginning of the school year when two police vehicles were parked in front of the high school and middle schools in the morning. He said that they interpreted that to mean that students would feel safer with the more visible police presence of a substation. CITY COUNCIL MEETING MINUTES - NOVEMBER 23, 1999 - PAGE 4 NAME 3. CONSENT AGENDA Motion by Councilor Moore, seconded by Councilor Patton, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Moore, Patton, and Scheckla voted "yes.") [4-0) 3.1 Approve Police Sub-Station Intergovernmental Agreement between Tigard-Tualatin School District and the City 4. UPDATE COUNCIL GOALS Mr. Monahan presented the quarterly report on the Council goals. Councilor Moore noted his appreciation for the report format.. 5. CONSIDER RE-ADOPTION OF PURCHASING RULES AS REQUIRED BY HOUSE BILL 2024 Mr. Monahan introduced Tom Imdieke, Finance Department. He mentioned that Finance Director Craig Prosser recruited Mr. Imdieke from Metro after Financial Manager Cindy Turner left the City. Tom Imdieke, Finance Department, asked the Council to reconsider the adoption of the City's purchasing rules. He explained that this was a housekeeping measure necessitated by the passage of HB 2024 and its requirement that the Attorney General's office revise the State purchasing rules within 120 days of the effective date of any legislature affecting those rules. He said that the bill also required local governments to re-adopt their own local purchasing rules. Councilor Scheckla asked if the legislature altered any purchasing rules. Mr. Imdieke said that, to his knowledge, the legislature did not make any substantive changes. He confirmed that all local jurisdictions - cities, counties and special districts - had to re-adopt their own purchasing rules. Mr. Ramis mentioned that the legislature designed the statute to ensure that every two years local governments reviewed whether they wanted to stick with their existing rules or opt for the model rules. He commented that because the Attorney General's office would not finish its review and drafting of the rules updates until January, the City would have to adopt its own purchasing rules twice: tonight to meet the effective date of the law (October) and in January after the updates. Motion by Councilor Scheckla, seconded by Councilor Moore, to adopt Ordinance 99-30. The City Recorder read the number and title of the ordinance. H cry ORDINANCE NO. 99-30, AN ORDINANCE RELATING TO THE READOPTION OF THE CURRENT CITY PURCHASING RULES AS REQUIRED BY HOUSE BILL 2024. k~ Motion passed by unanimous roll call vote of the Council present. (Mayor Nicoli, Councilors ~W Moore, Patton, and Scheckla voted "yes.") [4-0) a 6. COUNCIL LIAISON REPORTS: None. 7. NON AGENDA ITEMS: None. CITY COUNCIL MEETING MINUTES - NOVEMBER 23, 1999 - PAGE 5 I IN 11 1: 8. EXECUTIVE SESSION: Cancelled. 9. ACID. OURNMEN'T: 7:50 p.m. Attest: Catherine Wheatley, City R order Brian J. Moore, Council President, Date: zAskob I: ADMICATHY%CCM1991123.DOC CITY COUNCIL MEETING MINUTES - NOVEMBER 23, 1999 - PAGE 6 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Haft* TT 9525 BEAVERTON. OREGON 97075 Legal Notice Advertising *City of Tigard * ❑ Tearsheet Notice 13125 SW Hall Blvd. i * Tigard , Or- egon 97223 • ❑ Duplicate Affidavit j s OAccounts Payable • i AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) I COUNTY OF WASHINGTON, )s" I, being first du y sworn, depose and say that I am the Advertising Director, or his principal clerk, of themigarrl-`i7m; I a+- i n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at T, Bard in the aforesaid county and state; that the Haet9_nq Highlights/Contract Review Board a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: ! November 18,1999 I 4 1 Subscribed and sworn to fore me thisl R t h d a Y of NovQmbe r ,19 9 9 OFFICIAL SEAL R0814 A. BUROM Notefi Public for Oregon NOTARY PUBLIC-OREGON ! COMMISSION NO. 062071 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2001 i AFFIDAVIT {'3'E tll ,'ng d srbPub1iA6 1br,yopr information Full I -AY d#g? b'rm the CityRecodec; 13125 SW Hall Boulevard, TIgard,.C)regctinl3, or Iiy.calling 6344171. TIGARID;CITY COiJNCIIL AP1ID}I(, COle1'}'CT IdEd'IEW BOARD MEETI(PeIG ove gr.: 3,1999 6:30-P.M., TIGAIftI- CI~'Y-BALI, TOWN llikt]L 13425 SdV+,I3AI' L BObLESYARD, TIGAEdI3s DREG©N * Disctission (6:30 Study+~essi oh) ` - Library Expansion Committee Rdport' Review of Program Agreeirients and Action Plan for. Areas-bf Encroachanent onto City Property * Council Goal Update * ' Readapfion of Pitral,99Ihk`RUIes * Executive S on TT9525 Pubdtsh 1~lov 1>3, }999 i ty tr ' gills AGENDA ITEM # FOR AGENDA OF 11/23/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE _ Library Expansion Committee Report PREPARED BY: Melinda Sisson DEPT HEAD OK 'VK4--' CITY MGR OK ISSUE BEFORE THE COUNCIL Library Expansion Committee report on the RFP process for contracting with a firm to program and design the expansion to the Library. STAFF RECOMMENDATION Upon successful selection of an architectural firm to program and design the. Library addition, approve contract presented at the 12/14/99 City Council Meeting. INFORMATION SUMMARY A Committee of citizens and staff have held four meetings since Oct. 5 to determine the scope of the Library expansion project. A RFP was issued on Oct. 15 and Due on Nov. 10. Selection of an architectural firm is scheduled for Nov. 20. A contract will be presented to City Council on Dec. 14. OTHER ALTERNATIVES CONSIDERED The design/build concept was discussed and information included in the language of the RFP. Design/build requires that the City know exactly what they wish to build, then issue a RFP for design and construction. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY URBAN & PUBLIC SERVICES: Library will have a stable funding base for the provision of basic services. Seek alternatives to current tax base funding mechanism. FISCAL NOTES Donations have been received from the Grace T. Houghton estate and the Neva Root estate that will supplement the general facilities fund monies needed for this project. $816,585 was received from the Houghton estate and 40,000 from the Root estate (for children's services). The total cost of this project is anticipated to be $1.2 million. oil 1111111M IMIIMM 11 AGENDA ITEM # FOR AGENDA OF November 23,1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Encroachment on Public PmDerties PREPARED BY: Jeff Munro DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL How should the City of Tigard deal with the issue of encroachment of private citizens onto public properties such as greenways, parks, wetlands, etc. STAFF RECOMMENDATION That the City of Tigard creates a process for issuing encroachment permits that allows limited and revocable use of Unimproved Public Rights of Way, Easements and Public Property. INFORMATION SUMMARY Over the years private citizens have been allowed to encroach upon City owned property. This has both positive and negative effects dependent upon the property owner. The need to establish a consistent policy for all to abide by throughout the City has become necessary before other encroachment that is detrimental to the City becomes a reality. Attached you will find a copy of the Encroachment permit summary, program outline and the Tigard Municipal Code Amendment created by the City's Attorney's, office, which would amend chapters 7.24 and 15.04 by adding a new chapter 15.16, Encroachment Permits. The proposed ordinance requires an application and fee. The fee amount to be established by resolution of the City Council. This type of program has been used successfully by other Oregon cities such as Lake Oswego. OTHER ALTERNATIVES CONSIDERED To explore other more limited mechanisms that are available. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A 111111 1 11 In "Bill Tigard Encroachment Program A. Program outline on existing encroachment: City of Tigard staff will visit and evaluate each site individually. 0 Fences prohibiting public access will be removed. Play equipment shall be removed immediately. Dirt/fill/soil installed in wetlands must be removed with proper permits, if they are required. Staff will assist to provide names of contacts with appropriate agencies, if possible. Existing shrubs, landscaping and irrigation will stay as is, unless determined by City staff to be unsafe, impeding park access or if the shrubs or landscaping are no longer living, or the irrigation system working. Examples of shrubs/ landscaping or irrigation which will be removed are abandoned irrigation systems, dead plants or trees and plants/materials that overflow onto pathways and public access avenues. Mapping of current landscaping will need to be submitted by the adjacent property owner who is maintaining the property to the Parks Supervisor so that a file can be created. If available, staff will provide base maps for the property owner to use to illustrate their plan. A waiver will be provided to the adjacent property owner who is maintaining the property. The waiver will be similar to those used in the City's Adopt-A-Path and Adopt-A-Park programs. A waiver will be supplied to property owners who are interested in continuing of City property. If it is determined that maintenance is not to be continued, then the property owner shall return the improved property in question to its original state. The City shall have the option of retaining the improvement and have someone else maintain the project. Unless otherwise stated, improved areas must come into compliance within three months from when the evaluation of the site is complete, and notification is given to the resident who is maintaining the area. IN! B. Future improvement of City-owned property by Tigard residents: Before any improvements are made by a private citizen which would constitute encroachment into City land, the following steps must occur: • The citizen trust notify Tigard staff and request a meeting. City of Tigard staff will meet with the interested Tigard resident at the site in question. A landscaping plan will be submitted by the citizen to the Parks Supervisor for review and approval. This is to ensure the plans fit with current and future park plans and surroundings. It will also prevent permanent structures and unsafe landscaping from being installed. • The waiver will be provided by staff for interested residents to review and sign. • The improved area would work like the City volunteer Adopt-A- Path and Adopt-A-Park programs, where one year commitments are made and reviewed at the end of the period to see if maintenance will be continued. If improvements are not being regularly maintained, then the commitments will be terminated and the property will be restored by the citizen maintaining the property to its original state. • If maintenance is not to be continued, then the improved property will be returned to its original state by the citizen who is maintaining the City property. C. Council action needed before program can be implemented: • Currently, encroachment is not allowed according to Tigard Municipal Code 7.24 and 7.52. The Tigard Municipal Code would need to be changed if the City of Tigard were to allow these improvements to continue. Jeff Munro, Parks Supervisor, will review these codes and make recommendations for change, with assistance by the City Attorney" office. T;G333GUSR\DE?TS,ADM\B4.U062899? DC)', CITE' OF TIGARD ENCROACHMENT PERMIT SUMMARY •e• It shall be unlawful to encroachment upon unimproved public right of way, easement or public property without having first obtained a revocable permit from the City Manager or designee authorizing such action. ❖ Person in control of encroachment shall apply for encroachment permit no later than 90 days after effective date of ordinance. ❖ Application for encroachment shall include; a description of the proposed encroachment, a scale drawing and extent of the proposed encroachment and its relationship to adjoining properties. Survey may be required. •o• A fee in the amount established by resolution of the City Council shall be paid at the time of application. •e• Application shall be reviewed by City Manager or designee to ensure code compliance ❖ City Manager or designee may approve, modify and approve or deny the application for an encroachment permit. •o• An applicant may appeal the decision and an appeal must be filed within 15 days of the decision and accompanied by a fee. ❖ Standards for Approval include and address clearances of fire hydrants, water meters, underground utilities, manholes and underground pipelines. Proposed encroachments shall not prevent access to, cover, or block the flow of water. •e• In the case of potential liability, a condition of permit issuance shall be the filing with the City Recorder of a policy of insurance and form of policy by an insurance company. •v Time limits may be placed on proposed encroachment as well as the requirement to maintain encroachment. ❖ Approved encroachment permits shall be recorded against the title of the benefiting property and the applicant shall pay the cost. •o• Encroachment permits shall be revocable by the City at any time such revocation would be in the public interest. •o• Removal of encroachment upon revocation, shall be removed at the permittee's own cost within 30 days of written notice. If said permittee does not remove the encroachment and return the area to a satisfactory condition, the City shall do so and the permittee shall be liable for any and all cost. •v The permittee shall be liable to any person who is injured or otherwise suffers damage by reason of any encroachment allowed in accordance with the provisions. •o• Non compliance with the terms and conditions of an encroachment permit issued thereunder is hereby declared a civil infraction subject to enforcement pursuant to TMC Chapter 1.16 or is hereby declared to be a public nuisance as defined by TMC Chapter 7.40. I! mg 1 I Inumm CITY OF TIGARD RELEASE OF LIABILITY FORM in consideration of the opportunity and permission to maintain a portion of the City's property following an approved plan, to perform the assigned task and the beneficial experience to be gained, do hereby fully and completely release the City of Tigard, its officials and employees from any and all claims, demands, and liability of every nature and description whatsoever and howsoever arising by reason of my being allowed to implement and maintain the property as I have agreed to with the City. I understand that I will not be covered by the City's worker's compensation insurance for any physical injuries that may arise during my activities. The activity that I am undertaking is primarily for my benefit as I am encroaching into City property. The encroachment has been permitted by the City only as long as I comply with the written agreement that I have executed with the City. BY MY SIGNATURE BELOW, I VERIFY THAT I AM 18 YEARS OF AGE OR OLDER, AND HAVE READ AND SIGNED AN ENCROACHMENT AGREEMENT. I ALSO UNDERSTAND THE RIGHTS, RESPONSIBILITIES, AND PRIVILEGES OF PARTICIPATION IN THE PROGRAM AND AGREE TO HOLD HARMLESS, RELEASE AND INDEMNIFY THE CITY OF TIGARD, ITS OFFICIALS, AND EMPLOYEES FROM LIABILITY FOR PROPERTY DAMAGE AND/OR PERSONAL INJURY RESULTING FROM MY PARTICIPATION IN THIS PROGRAM. Signature of Participant: Date: I WDM\BILL\062899.5.DOC TIGARD, OREGON ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF TIGARD, OREGON, AMENDING TITLE 15 OF THE TIGARD MUNICIPAL CODE BY AMENDING CHAPTERS 7.24 AND 15.04 AND BY ADDING A NEW CHAPTER 15.16, ENCROACHMENT PERMITS. WHEREAS, the City Council finds it would be beneficial to the City to require permits for encroachments within unimproved public rights of way, easements and on public property; NOW, THEREFORE; the City of Tigard ordains as follows: Section : Title 15 of the Tigard Municipal Code is amended by adding a new chapter 15.16, "Encroachment Permits" to read as follows: 15.16.010 Encroachments Within Unimproved Public Rights of Way, Easements and Public Property 1. Permits Required for Encroachment in Unimproved Public Rights of Way, Easements and Public Property; Exceptions. a. Except as provided in subsection (b) of this section, it shall be unlawful for any person to erect or cause to be erected any structure or to place or maintain any vegetation and/or landscaping materials in, over or upon any dedicated unimproved public right of way, easement or public property without having first obtained a revocable permit from the City Manager or designee authorizing such action. Encroachment into improved public right of way is only allowed if specifically authorized by the City pursuant to TMC Chapter 15.04. b. The person in control of any encroachment of a structure, vegetation and/or landscaping materials in, over or upon any dedicated unimproved public right of way, easement or public property existing on (insert effective date of ordinance) shall apply for an encroachment permit pursuant to this chapter no later than (insert date 90 days after effective date of ordinance). No action charging a violation of subsection (a) of this section may be initiated for an encroachment existing on (insert effective date of ordinance) before (insert date 90 days after effective date of ordinance) or while a timely filed application for an encroachment permit is under consideration by the City. ORDINANCE No. Page 1 2. Application and Fee Required. a. Any person desiring to locate or maintain an encroachment within any unimproved public right of way, easement or public property shall submit an application to the City Manager or designee. The application shall include a description of the proposed encroachment; a scale drawing illustrating the nature and extent of the proposed encroachment and its relationship to adjoining properties. If the applicant is not the owner of the property that will be benefitted by the encroachment, the owner of that property shall also sign the application as a co-applicant. The City Manager or designee may require an actual survey to determine the exact location of any public or private improvements or significant vegetation. b. The application shall be accompanied by a petition indicating the extent of support for the proposed encroachment by owners/occupants of property within 200 linear feet in each direction from the boundary of the proposed encroachment, and the names and mailing addresses of all property owners within that 200 foot area. C. A fee in the amount established by resolution of the City Council shall be paid at the time of the application. 3. Review of Application. a. The City Manager or designee shall conduct a review of the application for an encroachment permit to determine its compliance with the standards in TMC 15.16.050 and shall request comments from affected City departments regarding the impact of the proposed encroachment. 15.16.020 Exemptions. 1. Certain encroachments are exempt from the permit requirement of TMC 15.16.010. Exempt encroachments are those which would have a minor impact on the present or planned use of the unimproved public right of way, easement or public property and those which are expressly permitted by Code. Except as provided by subsection 2 of this section, exempt encroachments are: a. Mailboxes and their enclosing structures. b. Temporary signs and banners permitted by the Sign Code. ORDINANCE No. Page 2 I 1!j;1 1111111 memo C. Guard/handrails along edges of driveway approaches, walks, stairs, etc. encroaching in unimproved public right of way. d. Lawns, plants and approved street trees encroaching in unimproved public right of way that do not obstruct visibility for pedestrians, bicyclists and motorists. 2. The encroachments described in subsection 1 of this section shall not be exempt if they create a line of sight traffic hazard (TMC Chapter 18.795). 15.16.030 Permit Issuance. The City Manager or designee may approve, modify and approve or deny the application for an encroachment permit. Notice of the decision shall be sent to the applicant and owners/occupants of property within 200 linear feet in any direction of the boundary of the proposed encroachment. 15.16.040 Appeals. 1. An applicant or affected owner/occupant of property within 200 linear feet of the boundary of the proposed encroachment may appeal the decision of the City Manager or designee to the City Council. 2. An appeal must be filed with the City Recorder within 15 days of the date of the decision stating the basis for the appeal and shall be accompanied by a fee in an amount established by resolution of the City Council. 3. The City Council shall conduct a public hearing on the appeal providing the appellant and any other affected party a reasonable opportunity to be heard on the question of why the decision of the City Manager or designee should be reversed or modified. Notice of the public hearing shall be sent to the applicant, appellant, and owners/occupants of property within 200 linear feet of the boundary of the proposed encroachment. At the conclusion of the public hearing the City Council shall make a final determination in the matter, applying the standards contained in section 15.16.050. i i 3 ORDINANCE No. Page 3 15.16.050 Standards and Conditions. The City Manager or designee may approve the issuance of a permit for encroachment within the unimproved public right of way, easement or public property where compliance with the following standards can be demonstrated or specific findings are made that the standard is not applicable. The City Manager or designee may attach any conditions to the issuance of the permit that are reasonably related to ensuring compliance with this section, other applicable City codes and ordinances, and to protect the public interest. 1. Standards for Approval. a. A minimum of three (3) feet of clearance shall be maintained on all sides of fire hydrants. b. Clearances to water meters shall be one (1) foot behind and two (2) feet from the sides measured from the outside edges of the box. The applicant shall pay for meter relocation if this standard cannot be met. C. Clearances from manholes and underground pipelines such as City sewer lines, water lines, and storm drain lines shall be a minimum of 7 Meet. d. Clearances between underground utilities such as power, telephone, cable TV and natural landscape materials, or structures placed over those facilities shall be the distance required by the affected utilities. Conditions requested by the utility providers shall be considered for inclusion into the permit. e. Proposed encroachments shall not prevent access to, cover, or block the flow of water to or into catch basins, ditches, or swales, and shall not otherwise alter the natural drainage patterns in a manner that adversely affects other property. Where drainage is involved, the City Manager or his designee may set specific requirements. f. Where the adjacent right of way has been fully improved to its planned dimension with associated curbs, sidewalks, utilities and street trees, an encroachment may be permitted between the property line and the back edge of sidewalk provided there is a one (1) foot minimum clearance between the proposed encroachment and the back edge of the sidewalk and all other standards have been met. ORDINANCE No. Page 4 VMS g. Sufficient room for off-street parking and pedestrian travel shall be maintained and the encroachment shall not result in a loss of area needed for parking, vehicular maneuvering, or pedestrian travel. h. It is determined that the requested encroachment is consistent with the current use of the unimproved public right of way, easement or public property. 2. Conditions. a. When the City Manager or designee determines that allowing the requested encroachment may subject the City to potential liability, a condition of permit issuance shall be the filing with the City Recorder of a policy of insurance and form of policy by an insurance company licensed to do business in the State of Oregon. The policy shall protect the City, its officers, agents, and employees, and the abutting property owners, lessees and tenants from any and all claims for injury or damage to persons or property that might result from the placing and/or maintenance of the permitted encroachment. The amount of the insurance policy shall be at least the limits of public body liability under the Oregon Tort Claims Act. The policy shall also contain a provision that the City Recorder shall be notified at least 10 days prior to any cancellation of such insurance. The permittee shall maintain the insurance for the term of the permit issued. Failure to maintain the insurance shall result in automatic revocation of the permit. b. The City Manager or designee may place a limit on the time the proposed encroachment may be located in or on the unimproved right of way, easement or public property. C. To ensure that unimproved right of way, easement, or public property encroachments do not contribute to visual blight or create a safety hazard, conditions of permit approval may include a requirement that the encroachment be appropriately maintained. d. The City may impose a charge for the use of the unimproved public right of way, easement or public property. i i i ORDINANCE No. Page 5 15.16.060 Recording of Permits. Approved encroachment permits shall be recorded against the title of the benefitting property and the costs of such recording shall be paid by the applicant. 15.16.070 Revocation of Permits. All unimproved right of way, easement or public property encroachment permits shall be revocable by the City at any time such revocation would be in the public interest. No grant of any permit, expenditure of money in reliance thereon, or lapse of time shall give the permittee any right to the continued existence of an encroachment or to any damages or claims against the City arising from a revocation. Any permit issued under this section shall be automatically revoked if the permittee fails to begin installation of the allowed encroachment within sixty (60) days after issuance of the permit unless an extension is requested prior to the expiration of the sixty (60) day period, or fails to comply with any conditions of the permit. 15.16.080 Removal of Encroachment. Upon revocation, the permittee or any successor permittee, shall at the permittee's own cost remove the permitted encroachment within thirty (30) days after written notice has been provided by the City unless a shorter period is specified in the notice of revocation. If the permittee does not remove the encroachment and return the unimproved right of way, easement or public property area to a condition satisfactory to the City Manager or designee, the City shall do so and the permittee shall be personally liable to the City for any and all costs of returning the right of way, easement or public property to a satisfactory condition, including the removal of structures and reconstruction of streets and/or pathways which costs shall be imposed as a lien upon the property on the City Lien Docket. 15.16.090 Liability. The permittee, and owner of the benefitted property if different than the permittee, shall be liable to any person who is injured or otherwise suffers damage by reason of any encroachment allowed in accordance with the provisions of this section. Furthermore, the permittee shall be liable to the City of Tigard, its officers, agents and employees, for any judgement or expense incurred or paid by the City, its officers, agents and employees, by reason of the existence of an approved unimproved right of way, easement or public property encroachment. 5 ORDINANCE No. Page 6 15.16.100 Enforcement. 1. Installation or maintenance of an encroachment in violation of TMC 15.16.010, or failure to obtain an encroachment permit as required by TMC 15.16.010, or to comply with the terms and conditions of an encroachment permit issued thereunder is hereby declared a civil infraction subject to enforcement pursuant to TMC Chapter 1.16. 2. Installation or maintenance of an encroachment in violation of TMC 15.16.010, or an encroachment permit issued pursuant to TMC 15.16.010 is hereby declared to be a public nuisance as defined by TMC Chapter 7.40, which may be abated pursuant to TMC Chapter 1.16. Section 2: Section 7.52.120 of the Tigard Municipal Code is amended to read as follows: It is unlawful for any person to remove, destroy, break, injure, mutilate, or deface in any way any structure, monument, statute, vase, fountain, wall, fence, railing, vehicle, bench, tree, shrub, fern, plant, flower or other property in any park unless otherwise licensed or privileged to do so. Section 3: Section 15.04.020 of the Tigard Municipal Code is amended to read as follows: (1) It is unlawful for any person to cut upon or within, break, dig up, damage in any manner, undermine or tunnel under any public street or public alley for the purposes of doing work in a public right of way or in a sanitary sewer, storm sewer or water easement as described in this chapter, without first complying with the provisions of this chapter in regard to the obtaining of permits, depositing of securities and the making of applications to the city. Applications for permits shall be in the form prescribed by the city. Permits shall be issued on an annual basis or for a limited time and shall specify the extent of the authority granted by the permit. (2) Any person who cuts upon or within, breaks, digs up, damages in any manner, undermines or tunnels under any unimproved public street or public alley for purposes other than those described in this chapter, must obtain an encroachment permit pursuant to Chapter 15.16 of this Code. ORDINANCE No. Page 7 PASSED: By vote of all Council members present after being read by number and title only, this day of , 1999. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 1999. James Nicoli, Mayor Approved as to form: City Attorney Date jmc/acm/90024/encroachment.orl (I 1/2/99) ORDINANCE No. Page 8 AGENDA ITEM NO.- 2 -VISITOR'S AGENDA DATE : November 23,1999 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. STAFF CONTACTED AME, ADDRESS & PHONE TOPIC r -'s gnt-K 91~~ (96 w1 CITY OF AGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss City of Tigard ) , I, being first duly sworn, on oath, depose and say: That I posted in the following public and nspicuous laces a copy of ~gice of Special Meeting for the Council Meeting dated a copy f said notice being hereto attached and by reference made a part hereof on the day of Subscribed and sworn to before me this 'vL day of , 199g_. Notary Public for Oregon -3 My `c a.,, 51 3 o 0 3 oFFICIALSEAL M JO ANN HAYES NOTARY Pusuc-oREeoN COMMISSION No. A4Y COl MSSION EXPIRES MAY 5, 2000 h:\Iogin\oa#ty\affpost 1 CITY OF TIGARD, OREGON ORDINANCE NO.993 D AN ORDINANCE RELATING TO THE RE-ADOPTION OF THE CURRENT CITY PURCHASING RULES AS REQUIRED BY HOUSE BILL 2024. WHEREAS, State law mandates that all public contracts shall be based on competitive bid except as otherwise provided by law or the rules of the Local Contract Review Board; and WHEREAS, Local Contract Review Board rules and procedures are necessary in order to carry out the State law to ensure a fair and open contracting process and to protect the City against litigation; and WHEREAS, House Bill 2024, approved by the Oregon Legislature, requires all local government agencies to comply with the latest version of the Attorney General's Model Public Contracting Rules, unless the local government affirmatively adopts its own rules that expressly exempt the local government from the Model Rules; and WHEREAS, the Attorney General's office is taking the position that even if the-local government has previously adopted local rules, it must re-adopt those rules after October 23, 1999 pursuant to House Bill 2024 or City purchasing becomes subject to the Attorney General's Model Public Contracting Rules; now, therefore; THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Attorney General's Model Public Contracting Rules do not apply to City purchasing. Section 2: The Tigard City Council, acting as the Local Contract Review Board, does hereby re-adopt the Local Contract Review Board Rules adopted by Ordinance 96-09, as amended by Ordinance 96-40, as the rules of the City of Tigard Local Contract Review Board. Section 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By M11i"OU.S vote of all Council members present after being read by number and title only, this day//off~ 140yem beA '1999. Catoherine Wheatley, City Record APPROVED: By Tigard City Council this 51c f , 1999. i o i, ayor Ap roved as to fo At orney Date 1:%CITYWIDE\ORD%PURCHASERULES.OR 7.DOC ORDINANCE No. 99-.~Q Page I Ilia --low 11111111110 I'M a 1 AGENDA ITEM # FOR AGENDA OF 11/23/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE IGA Police Substation PREPARED BY: Ronald D. Goodpaster DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Request before Council is to approve an Intergovernmental Agreement between the City of Tigard and the Tigard Tualatin School District regarding the placement of a police substation in the Tigard High School Parking lot. STAFF RECOMMENDATION Staff recommends approval of agreement. INFORMATION SUMMARY The Police Department has been working with the Tigard Tualatin School District regarding a greater police presence in and around the school and also the safety and security at the school. The Police Department is locating three different substations around the City for the officers' convenience. We already have a substation at the north end of town in Washington Square and this one will give us a substation in the south end of town. We are still looking for a substation location in the west end of town. The substation will be used by patrol officers to make phone calls, write reports, use the computer, talk with citizens, and provide a location for them to conduct other business. These substations will enhance our ability to keep officers in their patrol districts and will increase their visibility. It will also make it more convenient for citizen contacts. The agreement requires the Police Department to pay half of the structure purchase and installation cost which would be $16,000. The School District would pay the other half, and the School District would be responsibility for the repair, maintenance and insurance and would pay for the utilities including electric power, communication lines, and also provide a security system. the Department would provide the necessary office equipment and furniture. The Police Department has exclusive use of the substation. This was strongly supported by Tigard High School administration, the school District administration and the School Board. The attached contract was drafted by the City Attorney's office and has been reviewed and approved by the School District. s OTHER ALTERNATIVES CONSIDERED Not to purchase. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This request falls in line with the Public Safety Visioning statement and specifically in relation to maintaining Tigard as a safe place to live, play and do business. FISCAL NOTES The $16,000 is available in the existing budget without any fund transfers, and there is surplus furniture to furnish it, and more than adequate funds to provide any equipment needed. iACitywide\wm.dot 1 1 1 I~ ! POLICE SUBSTATION AGREEMENT This agreement is made between the City of Tigard ("City"), a municipal corporation of the State of Oregon and the Tigard Tualatin School District ("District"), a school district organized under ORS Chapter 332. RECITALS a. District has space in the parking lot of Tigard High School in excess of what is needed for the District's needs. b. City has need for additional space for it police officers to conduct office work. C. District would benefit from the presence of a Tigard Police substation in close proximity to Tigard High School because it would increase the time spent by police officers on or near school property. This would result in increased safety for District property and for students. d. City and District have agreed to establish a police substation on Tigard High School property as provided for in this agreement. City and District have agreed on a structure and have determined that the price for purchase and installation of the structure totals $32,000. AGREEMENT 1. The above recitals are contractual and a full part of this agreement. 2. City and District shall equally share the cost of acquiring a manufactured structure to be placed on the Tigard High School parking lot in a location to be determined by the District in consultation with the City. Each shall pay $16,000 of the total $32,000 cost of purchase and installation. 3. District shall have title to the structure and shall retain title to the real property where the structure is located. District shall repair, maintain and insure the structure and provide and pay for utilities, including electric power and communications lines for computers. District shall provide a security (alarm) system for the structure that will be integrated into the school alarm system. i + 4. City shall have the exclusive right to occupy and use the structure as a police substation. District shall provide two parking spaces adjacent to the structure for use by the City n connection with use of the police substation. City shall provide all personal property it y determines is needed in the substation, including office equipment, telephones, fax machines, computers, desks, chairs and filing cabinets. District is not responsible for providing equipment but shall provide lines so that the'equipment shall have power and communications links. POLICE SUBSTATION AGREEMENT PAGE I wom= 5. District is in the process of obtaining a land use approval for the proposed structure and use. The City's Police Department shall cooperate with the District in obtaining the approval and shall request that the land use application fee be waived. In the event the fee is not waived, the District agrees to pay the fee. 6. This agreement may be terminated by mutual agreement of the parties on such terms as the parties may agree to. This agreement may be terminated by either party on 90 days' notice. If terminated by the District within the first ten years of this contract, District shall reimburse City for its contribution under section 2 above. The reimbursement shall be at 100 percent for the first year of this agreement ($16,000), 90 percent for the second year, 80 percent for the third year, 70 percent for the fourth year, 60 percent for the fifth year, 50 percent for the sixth year, 40 percent for the seventh year, 30 percent for the eighth year, 20 percent for the ninth year, and 10 percent for the tenth year. 7. If this agreement is terminated by mutual agreement and the District sells the structure within one year of termination, District and City shall share the proceeds of the sale equally, after deduction of any costs of sale. 8. In the event any provisions of this agreement are finally held or determined to be illegal under any applicable law, the remainder of the agreement shall remain in full force and effect; provided however, that if either party determines that the invalidity alters the bargain between the parties, that party may request that the remaining terms be renegotiated or may terminate the agreement as provided for in section 6. 9. This agreement shall be governed by Oregon law. 10. Should any dispute arise between the parties concerning this agreement that is not resolved by negotiation between the parties, the parties agree to participate in good faith in a non-binding mediation process. The mediator shall be selected by mutual agreement of the parties, but in the absence of such agreement each party shall select a temporary mediator and those mediators shall jointly select the permanent mediator. All costs'of mediation shall be borne equally by the parties. 11. If it becomes necessary for either party to bring legal action against the other in order to enforce this agreement, the losing party shall be responsible for all legal fees incurred by both parties. 12. The representatives signing on behalf of the parties certify that they are duly authorized by the party for which they sign to make this contract. 13. Notices and other communications may be delivered personally, be telegram, by fax, by e-mail, or by regular, certified, or registered mail. Notices to the City shall be sent to the POLICE SUBSTATION AGREEMENT PAGE 2 City's Chief of Police and notice to the District shall be sent to the District's Superintendent. CITY OF TIGARD TIGARD TUALATIN SCHOOL DISTRICT Bill Monahan Dr. Russ Joki City Manager Superintendent Date: Date: C:\rccb\T(GARD\polsubstaasre.wpd POLICE SUBSTATION AGREEMENT PAGE 3 110m : 1 -1111 AGENDA ITEM # L4 FOR AGENDA OF 11/9/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Council Goal Update PREPARED BY: Cathy Wheatley DEPT HEAD OK ~ ITY MGR OK ISSUE BEFORE THE COUNCIL Discussion on the progress on the Council's goals. STAFF RECOMMENDATION Review and discuss the attached summary report. INFORMATION SAY Attached are brief summaries of the efforts to date on the stated Council goals for this year. Also attached are the tasks identified during the last Council goal-setting session with regard to specific activities considered to be part of departmental responsibilities and individual work programs. OTHER ALTERNATIVES CQNSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Visioning goals are identified throughout the goals and tasks developed by the City Council. i FISCAL NQTES H N/A \\TIG333\USR\DEPTS\ADM\CATFMCOUNCIL\GOAL SUMMARYMOT GOAL A specific new direction Council wants to take or a s eciffic chaise in past direction, or a specific position the City wants to advocate. lb Gus Complete the City's transportation improvement program development. Update: March 1999 The Transportation System Plan (TSP) Update Study is nearing completion. During the Council meeting on February 9, 1999, DKS, inc. presented the transportation system alternatives required to meet the traffic demands for the next 15-20 years. During that meeting, DKS proposed to include the other elements necessary to complete the TSP and devised a citizen involvement process to take it towards completion and adoption. At the March 16, 1999 workshop meeting, potential road bond projects will be presented to City Council for discussion and input. The projects that are finally selected will be part of a Road Bond issue to be placed on the ballot for November 2000. There are currently two task forces being formed. One task force would deal with the TSP completion and adoption. The proposed TSP Public Involvement Process was presented to l isy Council for discussion and approved during the March 9, 1999 Council meeting. The plan is to complete the process and have the TSP adopted within about a year after initiation of the process. The second task force will focus on determination of the size of bond issue, selection of the final Road Bond projects, then on the citizen process to help sell the projects and the bond issue for the November ballot in the year 2000. Update: Goals & Tasks - Page 1 Update: June 1999 The Task Force for the TSP completion and adoption was formed and conducted its first meeting on May 17, 1999. The Task force consists of the Planning Commission members as the review group together with three additional citizens who represent business, bicycle and transit interests. The group will meet monthly over the next few months. The intent is to complete the public involvement process and have the TSP Update completed by the end of the calendar year. The actual adoption of the TSP is anticipated in early 2000. The "motor vehicle" portion of the TSP is basically completed, but the final project . listing and report will be prepared after the other portions and the public involvement process are completed. This particular segment of the Council goal is approximately 50% completed. The Transportation Bond Task Force was likewise formed and conducted its first meeting on April 26, 1999. The Task Force is composed of two City Councilors, two Planning Commission members, and eight Tigard citizens representing a cross-section of the community. This Task Force has already met four times and will continue to meet over the next six months with the intention of completing its work and presenting the proposed Transportation Bond projects to City Council in November 1999. The Bond projects approved by City Council would be entered into the year 2000 election ballot for consideration by the voters. The Task Force elected Steve Clark as Chairperson and Mark Padgett as Vice-Chairperson. This segment of the Council goal is approximately 10% completed with the bulk of the work remaining over the summer and fall months. Update: Goals & Tasks - Page 2 oil E 11 1 11111111 ggs November 1999: The Transportation System Update Plan (TSP) development process continued during the summer months. The Task Force appointed has made significant process in developing the draft plan, which includes the motor vehicle element and other alternative modes of transportation. The chapters on motor vehicles and other modes have already been drafted, and the plan development process is now focusing on the financial element. A meeting is scheduled in December to review the action plans. The work in development of the draft plan is at least 90% completed. Completion of the draft plan is expected by January 2000. Since the typical time frame for adoption of such a plan is six months after completion of the draft, the updated Transportation System Plan should be adopted in mid-2000. The Transportation Bond Task Force appointed by City Council to select projects for a proposed transportation bond issue during the year 2000 has been meeting during the summer months. The Task Force developed criteria for project selection, then compiled an extensive list of projects for consideration. The projects include street reconstruction and expansion, safety-related improvements, sidewalks, bike paths, and streetlights. A citizen involvement meeting was conducted on October 20, 1999 to receive citizen input on the proposed projects, and to gauge public feeling on the size of bond issue that would be acceptable to voters. The Task Force met on November 3, 1999 to review and discuss the comments received at the citizen involvement meeting. The Task Force decided to extend the public involvement process to ensure that ample opportunity is given for public awareness and comment. The Task Force will be conducting at least three more public meetings at various locations throughout the City in February 2000. In addition, the Proposed Transportation Bond will be a main topic at the February 3, 2000 CIT meeting. At this point, the work of the Task Force in developing the list of projects for recommendation to City Council is approximately 60% completed. The Task Force will again meet on December 8, 1999 to further review and discuss the proposed projects, and to plan for the upcoming public involvement meetings. The package of projects and bond issue recommendations will be formulated and presented to the Planning Commission and City Council after completion of the public involvement process. Assuming Council approval of the bond package, the Task Force will actively participate in promoting the bond issue for passage. Update: Goals & Tasks - Page 3 lb Ed • Participate in a study of a recreation district, and, upon completion of the study, determine the City's level of support. Update: March 1999 A Task Force has been formed. The Task Force's first meeting was February 24, 1999. The Task Force will meet on the fourth Wednesday of each month at TTSD Administration Offices at 7:00 p.m. A Request for Proposal (RFP) is being advertised to select a consultant to assist the Task Force. Payment for this expenditure is from the $15,000 allocation approved by City Council. Update: June 1999 Cogan Owen Cogan has been hired as the consultant to assist the Task Force. The consultant will be holding group interviews in July and August. The City Council and selected staff will be invited to participate. The City of Tualatin has opted not to participate in the Task Force. The Cities of Sherwood, Durham and Tigard; the School Districts for Sherwood and Tigard-Tualatin; and Washington County are contributing financially. Mayor Nicoli and Public Works Director Ed Wegner are on the Steering Committee. Target date for completion of this project: November 2001 Election. Update: November 1999 Monthly Steering Committee meetings are held with Ed Wegner or Jeff Munro and Mayor Nicoli, who represent Tigard. On October 25, 1999, a public meeting for citizens and Task Force Members is scheduled at Tigard High School, 7 - 9 p.m. On November 10, 1999, Cogan Owens and Cogan will facilitate a workshop for elected officials regarding governance options for a proposed park and recreation district. The consultant prepared a draft "district alternatives analysis," which are now under review by the Steering Committee and elected officials. Copies are available to the public and can be obtained by calling Twila Willson at Public Works at 639-4171, Ext. 409. Update: Goals & Tasks - Page 4 lb Jim • Assist the Tigard Central Business District Association to develop a plan for the downtown. Update: March 1999 The Association presented their Downtown Action Plan to Council in February. They are proceeding with a preliminary funding request for assistance from the City to complete initial work on long-term funding for the Association. Furthermore, they are evaluating how to proceed with long-range planning for the future of the area. The Association will report to Council in coming months. It is anticipated that the Association will be formally filing with the State of Oregon within the next 30 days. The Board formally adopted the following mission statement for the Association: The Mission of the Tigard Central Business District Association is to set the course for the future of the central downtown area that will promote the health and viability of the community and businesses while preserving the unique qualities of downtown Tigard and providing a safe environment for families and individuals to work, live and gather. Update: June 1999 No action since the last update. Tigard Central Business District Association (TCBDA) awaiting filing with the IRS. This project goal is approximately 20% completed. Public outreach would occur in subsequent phases of this project. Community Development Administration has budgeted $50,000 in the 1999/2000 budget to be utilized should the TCBDA develop a request and plan that are approved by Council. Update: November 1999 TCBDA provided Council with an update at the September 2i, 1999, Workshop Meeting. On September 28, 1999, Council authorized funds to TCBDA to contract with the Oregon Downtown Development Association (ODDA) for consultant services to carry out TCBDA's Action Plan. This goal is 30% complete. Meetings are continuing between TCBDA and ODDA. The Association is looking at having ODDA provide an intensive three-day evaluation of the downtown in February 2000. The evaluation would include recommendations on streetscape, marketing, and parking. Update: Goals & Tasks - Page 5 Ib Jim • Complete the Ca master plan for arks. Update: Larch 1999 City Council approved the Master Plan for Parks on March 9, 1999. Staff will initiate work on the Capital Improvements Plan for Parks in the coming months. This will include asking the CIT's for input. The ten-year implementation or "Capital Improvement Plan" contained in the master plan will be considered for adoption after the county acts on the City's request to be granted the authority to extend the City System Development Charge to new development inside the Urban Services Area. The timeline for county consideration on the City's request is unknown at this time. Next month, a list of projects proposed for fiscal year 1999/2000 will be forwarded to Council as part of the annual budget process, which included extensive, citywide public involvement. Update: June 1999 - This goal is semi-complete. Now specific plans are needed for some parks. A proposal for development of a plan for Summerlake Park is now being considered by staff. If initiated, the plan should be developed and presented to Council within six months. Update: November 1999 A meeting was held on September 30 with residents of the Summerlake Park area to discuss future plans for the park. Council received information on this meeting in the October 22, 1999, newsletter. A proposal by the consultants, MIG, has been accepted and MIG is developing the master plan. The second of these community meeting swill be held on November 18 for presentation of a preliminary plan. A third meeting will be scheduled. Update: Goals & Tasks - Page 6 [b Ed Y Determine the City's long-term water supply. Update: March 1999 Since December 1998, City Council, staff, an Advisory Task Force, and citizens have been reviewing, studying and discussing the two scenarios. The Council will hear public comment on March 23 and the Task Force recommendation on April 13. On April 27, the Council is scheduled to vote on a direction for securing a long-term water source. A citizen group is gathering signatures for a Ballot Measure requiring a vote before going to the Willamette River as a source for drinking water. Task Force meeting dates and key meeting topics are listed below: 1. February 18 - Introductory Meeting 2. February 25 - Willamette River Proposal 3. March 4 - Portland Proposal, Comparative Questions 4. March 11 - Citizens for Safe Water Presentation 5. March 18 - Cost Analyzed Options, Further Discussion of Raw Water Monitoring Citizen participation was encouraged through events such as the two water forums. Trips to the Hillsboro and Corvallis plants were conducted. Update: June 1999 On April 27, 1999, the City Council voted unanimously to go to the Willamette River as our primary long-term drinking water source. The citizen group, Citizens for Safe Water, gathered enough signatures for an initiative for the September 21, 1999, ballot. The ballot title caption reads as follows: "Voter approval requirement for Willamette River as drinking water source." Whether or not this goal can be considered completed depends on the outcome of the September 21, 1999, election and post-election activities. i i Update: November 1999 H The ballot initiative titled "Water Approval Requirement for Willamette River as Drinking Water Source" passed. Wilsonville will proceed with the construction of a 3 water treatment plant this fall. Tigard, along with other WWSA agencies, will be given an opportunity to participate. At the present time we are studying our options regarding Tigard's long-term water source. Update: Goals & Tasks - Page 7 Ib Jim 9 Establish an annexation policy for the City. Update: March 1999 An update was given to Council on February 16, 1999, on the new annexation procedure. A progress report was given on the annexation work program. Community Development is evaluating resources needed to complete Council's goal of establishing an annexation policy for Tigard. Staff is also evaluating the cost of hiring a consultant to complete portions of this work. Council will be updated in April. Update: June 1999 Council directed staff to expedite the analysis of feasibility of annexing the Walnut Island. Staff is preparing a "critical path" schedule for any potential annexations involving the Walnut Island. Council discussed the annexation of the Walnut Island on April 27, 1999. Council direction was for staff to develop a public relations program with assistance from with cooperation with Washington County. Sewer service to this area will need to be reviewed along with needs in areas already within the City boundaries. The Council asked staff to develop a sewer plan for Council's review. The target date for annexation of this area was set for March 31, 2000. Discussions will be held with Washington County on their role in this process. Council will hear a presentation in the fall from Community Development staff that explains the schedule and process for reviewing the Walnut Island annexation. Update: November 1999 In October, the City conducted two public workshops to offer information to Walnut Island residents and answer questions. A cost and benefits analysis was made available to area residents. A City Council meeting will be held on December 7 to discuss initiation of annexation of the Walnut Island. Update: Goals & Tasks - Page 8 {b Bill Encourage and support private sector programs to rehabilitate housing which will be offered for rent at affordable rents, resulting in a safer environment for the tenants (public safety, fire, life, sanitary). Update: March 1999 Property Maintenance Code (Housing Code) was adopted and becomes effective 5/3/99. This is one component of this goal. Staff will now seek Council direction on the tasks necessary to complete this goal. To date, no progress has been made on this goal. An outline of objectives and activities to achieve the goal will be developed. Staff from Administration, Police and Community Development will brainstorm ideas for encouraging providers of affordable housing to consider Tigard for programs such as 1) acquiring and connecting existing housing into affordable housing units operated by nonprofits, 2) upgrading existing units to be offered at affordable rents while remaining in the ownership of private sector owners, 3) programs to be offered to private and/or nonprofit housing operators which will enhance public safety within the units, or 4) preventing deterioration of existing housing stock. Update: June 1999 The Property Maintenance Code went into effect on May 3, 1999. The program is staffed and operating. Update: November 1999 Council heard a presentation on the implementation of the new Housing Code on September 21,1999, from Housing Code Specialist Albert Shields. The Housing Code is off to a good start with property owners responding promptly and voluntarily; no citations have been issued. { Here are some updated statistics on the Housing Code Program since the September 21, 1999 Council Meeting: I I Update: Goals & Tasks - Page 9 Complaints: Number & Disposition Sept. 21 Nov. 10 Total Complaints 56 75 Referred Out 13 17 Total in Jurisdiction 43 58 Declined (after investigation) 6 6 Accepted cases 37 52 Closed 26 37 Open 11 15 100% Voluntary Compliance No citations or summons Complaints: By Type of Property Sept. 21 Nov. 10 Total in Jurisdiction 43 58 Multi Unit Rental 22 27 Single Family Rental 7 12 Total Rental 29 39 Single-Family, Owner Occupied 14 19 Housing Code Only 3 5 Building Code 11 14 i i i { l I Update: Goals & Tasks -Page 10 Ib Bill/Cathy • Determine the level of City support for a program of community events. Update: March 1999 This item is scheduled for Council discussion at the March 16, 1999 workshop session. Staff provided information to Council of its 1997 discussion as well as the recommendations of the Community Character and Quality of Life Visioning Action Planning Committee. Staff requested that Council discuss this goal, determine the parameters of the goal and then direct staff to do the work necessary toward implementing the goal. Update: June 1999 A subcommittee of the Budget Committee met. Through the normal budget process, the level of support for community events for 1999-2000 was established. The level of support to recognize the Festival of Balloons and the 4ch of July celebration was increased and annual commitments were discussed. In July, the City Council will be asked to establish threshold-funding levels for these two events. -No application was submitted for the Country Daze; therefore, the Fiscal Year 1999-2000 budget recommended by the Budget Committee does not allocate any funding for this event. At the "Eleventh Hour" some citizens stepped forward to at least hold a parade in August to replace Country Daze and a funding request may be submitted late. This goal is about 50% complete. Update: November 1999 In December, Council will consider whether to establish a threshold-funding level for the Festival of Balloons and the 4`h of July Celebration. In addition, Council may wish to establish threshold funding for the Broadway Rose Theater Company. These events would benefit from having a commitment for funding at a certain level before seeking matching funds from other sources. Update: Goals & Tasks - Page 11 Pb Jim a Promote intra-City Tri Met bus routes. Update: March 1999 Staff attended a community workshop sponsored by Tri-Met on February 24, 1999, and commented on the City's desire for better service. Additionally, a meeting with Tri-Met and City staff was held on March 9, 1999. Staff will prepare a written response to follow up on the results of the meeting for Council's direction. This information will also be discussed at the March 23, 1999 Council Study Session. Community Development and Administrative staff have met with representatives of Tri- Met to discuss Tri-Met's three-year service proposal for 1999-2001. At this time, the three-year service proposal is in draft form. Representatives of Tri-Met presented the plan that is focused on short-term gains by enhancing existing service. As a result, the focus is not on additional new routes such as those proposed by Tigard. An exception to this is a tentative proposal to make a new connection between Pacific Highway, using Durham Road, connecting to Upper Boones Ferry Road and on to Tualatin. City staff expressed concern that this three-year proposal did not address Tigard's needs. We asked if alternative programs may be available for Tigard to pursue that could add service connecting the residents of multi-family housing on Bonita Road and Durham Road to job opportunities, shopping, medical needs, and schools., We asked that intra- city bus routes be developed to serve this unmet need. The Tri-Met staff is interested in working with us to explore innovative ways to partner to provide service along the lines that we have discussed. They have encouraged us to prepare and submit a proposal to tho new Tri-Met Director. Tri-Met staff followed up from the meeting by contacting us and suggesting that the Tri-Met van pool program could possibly be modified to serve some of the residential areas of Tigard. The details of such a program will be discussed between Tri-Met staff and Tigard staff during the week of March 15. Once City staff receives more complete information regarding the potential use of the van pool program or other programs to suit our needs, staff will make a presentation to Council and seek direction. i i i i i 3 Update: Goals & Tasks - Page 12 NINEMNINN Update: June 1999 Tri-Met will extend Line 43 to serve the Nimbus Business Park area; this bus service should help Tigard commuters who work in this area. Previously this line bypassed this area on Scholls Ferry Road. Tri-Met Planning Director Bob Stacey is scheduled to attend the July 27, 1999, City Council meeting at Council's request that a Tri-Met representative attend a Council meeting. Staff requested that Mr. Stacey come prepared with suggestions as to how the City and Tri-Met can partner with them to get results. At a meeting with Tri-Met staff, Tigard staff provided specific examples of how bus service in Tigard can be improved. One suggestion was for bus service on Bonita. Another idea was for Tri-Met to provide a bus for the City to operate. This goal is 20% complete; completion dependent upon Tri-Met. Update: November 1999 On July 27, 1999, Tri-Met Planning Director Bob Stacey met with the City Council. At that time Council heard about planned service improvements to the Tigard area and were able to comment about improvements they would like to see as well as ask Mr. Stacey questions about the three-year service plan. We are waiting to hear proposals from Tri-Met and to see if they make changes in their service plans. Bill Monahan, Jim Hendryx and Laurie Nicholson met with service planners for Tri-Met and Westside Transportation Alliance to discuss the possibility of offering a van shuttle in Tigard. Staff will be asking the City Council for input regarding transit needs in Tigard and will prepare a survey to determine transit needs. Update: Goals & Tasks - Page 13 11 TASK (update - November 1999) A. specific activity that is part of a department's assigned responsibilities; part of a department or individual's work program. TO BE COMPLETED THIS YEAR Fb Jim Support development of the Washington Square Regional Center Plan. Update: March 1999 Staff continues to work with the Washington Square Task Force. An update will be presented at the March 23, 1999 Council Study Session. Two open houses were held since the study was initiated. The most recent occurred on March 8, 1999, with approximately 80 people attending. The purpose of this open house was to update the public on the progress to date and get input on general land use and transportation issues. Update: June 1999 Staff continues to work with the Washington Square Task Force and are finalizing proposed land use, transportation and design standards. This task is 70% completed. Public outreach will occur throughout the project. Council has been given regular updates of Task Force activities in the weekly newsletter. Upcoming events are as follows: July 7 and 28: Task Force Meetings (2-5 p.m., Metzger Park) July 20: Joint Planning Commission/City Council Meeting (Update on Washington Square) September 15 Open Douse (6:30 p.m., Tigard Water Building) Update: Goals & Tasks - Page 14 Update: November 1999 A final public open house was held to present the recommendations of the Washington Square Regional Center Task Force. Public hearings are scheduled before the Planning Commission in November and City Council beginning in December. A final decision is expected in February 2000. ~b Bill • Continue to improve communication within the Council Update: March 1999 During the Council goal setting in December, 1998, Council suggested holding a review of groundrules after Councilor Patton has had an opportunity to participate in several Council meetings. As of the end of March, approximately ten Council meetings will have been held in 1999. A memo has been prepared to Council suggesting that a review of groundrules be held by Council in either April or May. A topic at the groundrule discussion should be whether the groundrules facilitate optimum communication within the Council or should the groundrules be modified in an effort to improve communication. If Council wishes, a facilitator could be brought in for the discussion of groundrules so that issued raised by the Council may be facilitated by an outside participant. I will be asking Council to choose a time and date for the groundrule discussion and whether or not a facilitator should be used In addition, it would helpful if Council members raised individual concerns in advance of the meeting so that staff and, if necessary, a facilitator can prepare for the meeting. Update: June 1999 Council groundrules were distributed to the Council and some minor changes were adopted. A more in-depth review will be scheduled for the August 17, 1999, workshop meeting. Update: November 1999 At the August 10, 1999 meeting, City Manager Monahan asked for any updates proposed for the Council groundrules. No changes were suggested. The next review is slated for July 2000. Update: Goals & Tasks - Page 15 Fb Cathy o Expand the use of the City's web page. Update: March 1999 The Web Committee (Nancy Lof of Office Services, Diana Lauterbach of the Library, and Cathy Wheatley of Administration) meets once a month to discuss Web improvements or any problems that have come up. Nancy has begun preparing monthly reports to track Web usage and to highlight new additions. The Library's Web page offers information for Library programs as well as links for reference purposes. Recent additions to the Tigard Website include: *The new Community Development code *A photograph on the Police page of "Tigard's Most Wanted" *Recaps of Council action starting in March 1999 *A link to Kids & Company where residents can register for classes "online" *A page on Y2K which will be updated with information so residents are aware of what the City is doing to become "Y2K ready" *On-line maps In the coming months, we'll look at placing the rest of the TMC on our site, and continue to seek ways for more interactivity. Nancy will attend a class for web design. Update: June 1999 Information Processing Technician (Office Services) Nancy Lof manages the Web Page for City Hall and meets with the Web Committee each month to discuss Web Page content. Nancy's monthly report tracks key information about the Web Page. In addition, Technical Services Specialist (Library) Diana Lauterbach, keeps the Library Page up to date. The Library Page is well worth checking out for information on programs and activities. This page is also a valuable resource for links to other very good, informative sites. Nancy has begun attending classes on Web design and recently completed the beginning class. The intermediate and advanced classes were requested in next year's budget and Nancy plans to attend both of these this next fiscal year. Diana was the "pioneer" with regard to getting the City online with the initial posting of the Library's website, which served as the prototype as we established the City's Web Page. Diana has been very busy with the new computer system WILInet; however, she plans to review the Library's website in the coming months for some major updates to the front page and to the teen section. An "Intranet" page for employees has been established. Phone lists, City forms, meeting announcements, and computer tips are a few of the features of this site. Cont. on next page... Update: Goals & Tasks - Page 16 The plan is to keep building on the site. We are looking at more interactivity, but also want to avoid growing too fast (beyond our capabilities for responsiveness and to keep information up to date). It is now possible to make reservations for meeting rooms and to file Traffic Complaint Forms by using our Web site. Update: November 1999 Staff members involved with the Web site have met in recent days with the City Manager to discuss the future of the Web site. It is anticipated that the Web page will evolve as a key component to the City's citizen-involvement and communication program. Staff is looking to improve and build capacity of this resource as quickly as possible. The frequency of cross-referencing to the Web page in the Cityscape has increased and should serve to assist in directing citizens to the Web site so that they can become accustomed to accessing this resource for City services and information. I:%D FAtCATHY1COUNCIL\GOALS99. DOC Update: Goals & Tasks - Page 17 El 11111111111E INN 1111111111111111ME0111 ==111mmi AGENDA ITEM # FOR AGENDA OF November 23, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Re-adoption of purchasing rules as required by House Bill 2024 PREPARED BY: Terry Muralt, Buyer DEPT HEAD OK e- CITY MGR OK k4o~ ISSUE BEFORE THE COUNCIL To re-adopt the current City purchasing rules as required by the new House Bill 2024 that went into effect on October 23, 1999. STAFF RECOMMENDATION Re-adopt the current City purchasing rules. INFORMATION SUMMARY House Bill 2024 that went into effect October 23, 1999 requires each local government agency to comply with the latest version of the Attorney General's Model Public Contracting Rules, unless the local government affirmatively adopts its own rules that expressly exempt the local government from the Model Rules. The Attorney General's office is taking the position that even if the local government has previously adopted local rules, it must re-adopt those rules after October 23 pursuant to the statute or it becomes subject to the Model Rules. The Attorney General is currently working on revisions to the Model Rules, version 1998, which must be completed by late January 2000. Because the mandatory application of the Model Rules applies to all future modification of the Model Rules, this will require the City to re-adopt our purchasing rules again after the new version is adopted in January. OTHER ALTERNATIVES CONSIDERED Comply with the latest version of the Attorney General's Model Public Contracting Rules, which is the 1998 version. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None FISCAL NOTES None is\citywidc\sum.dot