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City Council Packet - 09/25/2018 IN ■ City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: September 25,2018 - 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 503-718-2419, (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: htto://www.tigard-or.gov/city hall/council meeting.oho 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. 111 _ • City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: September 25,2018- 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. COUNCIL LIAISON REPORTS •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 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Tigard High School Student Envoy C. Citizen Communication—Sign Up Sheet 3. LOCAL CONTRACT REVIEW BOARD -CONSIDER PHOTO ENFORCEMENT SYS 1'EMS AND RELATED SERVICES CONTRACT AWARD 7:35 p.m. estimated time 4. LEGISLATIVE PUBLIC HEARING - CONSIDER ORDINANCE TO AMEND THE TIGARD MUNICIPAL CODE REGARDING RIGHT-OF-WAY ENCROACHMENTS 7:45 p.m. estimated time 5. LEGISLATIVE PUBLIC HEARING-CONSIDER ORDINANCE TO AMEND THE TIGARD MUNICIPAL CODE CHAPTER 6.02 REGARDING RIGHT-OF-WAY ENCROACHMENTS 8:05 p.m. estimated time 6. PUBLIC HEARING -CONSIDER RESOLUTION AMENDING MASTER FEES AND CHARGES SCHEDULE 8:15 p.m. estimated time 7. CONSIDER RESOLUTION AUTHORIZING A CDBG GRANT APPLICATION FOR FREWING ST SIDEWALKS 8:25 p.m. estimated time 8. 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. 9. NON AGENDA ITEMS 10. ADJOURNMENT 8:30 p.m. estimated time II ® City of Tigard Tigard City Council Meeting Agenda T I GARD September 25, 2018 CITY COUNCIL STUDY SESSION A. COUNCIL LIAISON REPORTS 6:30 p.m. estimated time Administrative Items: None 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 Sessions may be held for the purpose of taking any final action or making any final action or making any final decision. Executive Sessions are closed to the public. Council Meeting Calendar September 3 Monday Labor Day Holiday, City Hall and Library Closed 4* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 11* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 18* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 25* Tuesday Council Business Meeting—6:30 p.m.,Town Hall October 2* Tuesday Council Bu3inc33 Mccting 6:30 p.m.,Town Hall Cancelled 9* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 16* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 23* Tuesday Council Business Meeting—6:30 p.m.,Town Hall November 6* Tuc3day Council Bu3. Mccting 6:30 p.m.,Town Hall—Cancelled,Election Day 12 Monday Veterans Day Holiday, City Hall Closed,Library Open 13* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 20* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 22 Thursday Thanksgiving Holiday,City Hall and Library Closed 27* Tuesday Council Business Meeting—6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk(*). Tigard High School Update : September 25, 2018 • Recent o "IT STARTS HERE" BTS Theme - encouraging attendance and involvement o Our first school event of the year was Senior Sunrise, on the first day of school at 6:15am o BTS Assembly- Cheerleading performed and KATU news came, which culminated in Principal Van Fleet drinking pickle juice. o Fall sports are in the midst of an exciting season. Some highlights: ■ Girls Soccer is undefeated (6-0) and ranked no. 7 in the state. • Boys Soccer is also undefeated (6-0-1) and ranked no. 4 in the state. it Football is undefeated as well (4-0) and ranked no. 4 in the state. o Club Rush (where kids sign up for clubs) was a huge success with 55 clubs in participation. o Construction seems to be coming along nicely. Staff and students are adjusting to the changes well. • Coming Up o Powderpuff Football Game on Oct 10th (female flag football) o First Open Mic Night on Oct 11th o Homecoming Parade and Game v. Lakeridge on Oct 12th o Homecoming Dance on Oct 13th SUPPLEMENTAL PACKET FOR '7/.25-A2of k' (DATE OF MEETING) Ayend /iem 2, 13 AGENDA ITEM NO. 2.0 - CITIZEN COMMUNICATION DATE: September 25, 2018 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\2018\citizen communication 180206.doc AIS-3491 3. Business Meeting Meeting Date: 09/25/2018 Length (in minutes): 10 Minutes Agenda Title: LOCAL CONTRACT REVIEW BOARD - Consider Photo Enforcement Systems and Related Services Contract Award Systems and Related Services Prepared For: Joseph Barrett Submitted By: Kelly Burgoyne, Central Services Item Type: Motion Requested Meeting Type: Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: � a Information ISSUE Shall the Local Contract Review Board award a contract for photo enforcement systems and related services to Conduent State and Local Solutions,Inc.? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends the Local Contract Review Board award a contract for photo enforcement systems and related servcies to Conduent State and Local Solutions,Inc. and direct the City Manager to take the necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY At the direction of City Council,over the past several years the Police Department has exhaustively reviewed and explored implementing a photo enforcement program in Tigard. The following timeline serves to demonstrate the process of the review and discussions with Council regarding the program: •August 2010 —At the direction of City Council,the Police Department presented an informational briefing photo red light enforcement. •June 2015 -Council directed the Police Department (PD) to conduct a traffic study on the feasibility of implementing a photo red light program. •November 2015 -The PD worked with a photo red light vendor to complete a study at four(4) locations along Pacific Highway. •August 2016 -A traffic survey and staff report were submitted to Council for consideration. Council directed staff to determine the public's level of support. *January 2017 -A photo red light question was included as part of a larger community survey. •February 2017 - Citizen survey results were released •Apri12017 - Staff memo to Council including results of citizen survey and requesting direction to move forward. •May 2017 AIS 3065—Staff report to Council recommending implementation •February 2018 -Photo red light vendor traffic survey results provided to the PD •September 2018 -Photo red light presentation during the Council workshop meeting Based on research conducted with similar jurisdictions,the traffic study results,and a preliminary workload analysis along with a review of ODOT crash response data, the Police Department has identified three intersections on Pacific Highway 99W to be the preferred locations to install photo red light enforcement cameras. Those intersections are: •99W&SW Hall Boulevard, and •99W&SW Durham Road •99W&72nd Given all the data and discussions with the City Council,the Police Department developed an implementation plan for the program with photo red light enforcement only at these three intersections as the program and its impact on citizens and staff workload are explored.AL1 three are possible locations to implement "speed on green" enforcement after the red light enforcment program is operationally stable. The first two intersections under this implementation will have three approaches captured by a camera—north bound, south bound and west bound;the intersection at 99W&72nd will have two approaches -north bound and south bound.A "soft enforcement" period for education,will be incorporated for the first thirty days with warnings mailed to offenders during this period. Signage and other outreach methods will also be utilized to prepare the public for this program. With a the program plan in place,a Request for Proposal (RFP) was released on July 6th of this year with proposals due on July 25th. Upon closing,the city received four proposals: •Conduent State&Local Solutions,Inc. •RedFlex Traffic Systems, Inc. •VerraMobility (American Traffic Solutions,Inc.) •Sensys America,Inc. A selection committee of staff from multiple departments and divisions scored the proposals based on the following criteria as outlined in the RFP: •Knowledge,Experience,Qualifications,and Financial Stability of the Firm (20% of total score) •Project Understanding and Approach (30% of total score) •Technical Specifications of the System (30%of total score) •Compensation Structures (20% of total score) Upon review, the selection committee found Conduent State&Local Solutions,Inc. (Conduent) and RedFlex Traffic Systems,Inc. to be the top ranking firms and moved forward with a presentation/interview process with those two firms. During this process, additional scoring was attached and the same selection committee evaluated the presentations and responses to the city's questions. After these presentations,it was clear to the selection committee that Conduent's system and infrastructure provides the best solution for the city's plan for the photo red light enforcement program. Accordingly, Conduent is receiving the selection committee's recommendation for contract award. The recommendation will be for the three intersections listed above with the contracting allowing the option to add speed on green enforcement at the city's discretion. OTHER ALTERNATIVES The Local Contract Review Board may elect to place this program on hold and direct staff to conduct further studies. The Local Contract Review Board may direct staff to add to or alter the intersections detailed in this program. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION •August 2010—informational briefing •June 2015 - Council directed the Police Department (PD) to conduct a traffic study on the feasibility of program. •August 2016-traffic survey and staff report submitted to Council. Council directed staff to determine the public's level of support. •April 2017 - staff memo to Council including results of citizen survey and requesting direction to move forward. •May 2017—staff report to Council recommending implementation •September 2018 - staff presentation at Council workshop Fiscal Impact Cost: $2,100,000 Budgeted (yes or no): No Where Budgeted (department/program): General Fund (after 1st Quarter Supplemental) Additional Fiscal Notes: The total cost of this program is anticipated to be just over$5 million over five years. This contract accounts for roughly$2.1 million of that cost for photo red light enforcement at the three intersections identified: 99W/Durham Road,99W/Hall Boulevard and 99W/72nd. Additional Municipal Court staffing, Police Department staffing,other ongoing operational costs,and a court remodel make up the other costs. The program is anticipated to generate between$6.2 million and$7.8 million in citations revenue over that same period. A detailed revenue and expense forecast summary of the program is attached for review. There are many variables that contribute to the number of citations issued and at what level they are paid. The forecast takes into account a range of potential photo red light citations that we may experience annually (approximate range of 13,000 to 16,500). After all business rules and thresholds have been set and the City has at least six (6) months of actual program experience, a better expense and revenue forecast can be established. Attachments Photo Red Light forecast summary Photo Red Light- Revenue and Expense RANGE Summary Sept 13, 2018 Photo Red Light Program Expense and Revenue Estimates Q1 TOTAL:5 years FY 2018-19 to Expense Estimates FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2023-24 Court:Staffing $ 252,783 $ 328,884 $ 365,334 $ 376,294 $ 387,582 $ 196,655 $ 1,907,532 Facilities: move Cost $ 350,000 $ - $ - $ - $ - $ - $ 350,000 Police: Contract $ 204,000 $ 412,080 $ 420,322 $ 428,728 $ 437,303 $ 220,816 $ 2,123,248 Police: Staffing $ - $ 161,260 $ 150,544 $ 155,061 $ 159,713 $ 81,036 $ 707,614 Costs by fiscal year $ 806,783 $ 902,224 $ 936,200 $ 960,082 $ 984,597 $ 498,508 $ 5,088,394 FY 2018-19 to Revenue Estimates FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2023-24 Revenue estimate: high $ 463,847 $ 1,739,425 $ 1,623,463 $ 1,623,463 $ 1,623,463 $ 811,732 $ 7,885,392 Revenues NET expenses ($342,936) $837,201 $687,264 $663,381 $638,866 $313,224 $2,796,999 Revenue estimate: low $365,319 $1,369,945 $1,278,615 $1,278,615 $1,278,615 $639,307 $6,210,416 Revenues NET expenses ($441,464) $467,721 $342,415 $318,533 $294,018 $140,800 $1,122,022 Revenue estimate: average $ 414,583 $ 1,554,685 $ 1,451,039 $ 1,451,039 $ 1,451,039 $ 725,520 $ 7,047,904 Revenues NET expenses ($392,200) $652,461 $514,840 $490,957 $466,442 $227,012 $1,959,510 ESTIMATE NOTE: There are many variables that contribute to the number of citations issued and at what level they are paid. This summary takes into account a range of potential photo red light citations that we may experience annually[approximately 13,000 to 16,500]. Once all of the business rules and thresholds have been set and the City has at least six(6)months of actual experience a better forecast can be established. FY 2018-19 costs: Please note that the first year include one-time costs,primarily the remodel/move costs that will not carry forward.Additionally, the PD will incur increased staff costs to manage-based on workload estimates there will be enough work for at least one police office(1.0 FTE). The PD currently has one officer vacancy that is funded in FY 2018-19. The position was originally slated to be cut in FY 2019-20-PD will request to retain the position. Both the Court and PD will continue evaluate future program staffing needs after go-live. Three intersections-8 approaches in total: * 99W&SW Hall: NB,SB,WB for right turn on red-3 approaches * 99W&SW Durham: NB,SB, WB for right turn on red-3 approaches *99W& 72nd: NB,SB(no right turn on red) -2 approaches AIS-3609 4. Business Meeting Meeting Date: 09/25/2018 Length (in minutes):20 Minutes Agenda Title: Legislative Public Hearing-Consider Ordinance to Amend the Tigard Municipal Code Regarding Right-of-Way Encroachments Submitted By: Tegan Enloe,Public Works Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance -Main Public Hearing-Legislative Public Hearing: Yes Publication Date: Information ISSUE Shall the City Council approve amendments to Tigard Municipal Code Chapter 15.16 regarding encroachments into right-of-way and public property. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adoption of this ordinance. KEY FACTS AND INFORMATION SUMMARY Right-of-way (ROW) encroachments into improved ROW are not currently regulated by the City. Approval to amend TCM 15.16 adds language requiring individuals seeking to place items within any City ROW or publicly owned property to apply for an encroachment permit. This provides City staff the opportunity to review requests and ensure these items: 1) do not pose a risk to public safety,2) comply with the City's design and construction standards,and 3) will be properly maintained. OTHER ALTERNATIVES Council could decide to not approve amendments to TMC 15.16,maintaining the status quo wherein the City does not regulate encroachments. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS The proposed Municipal Code Amendments would allow City staff to protect walkability within the City by limiting encroachments into public walking space. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Ordinance Amending 15.17 Encroachments TMC 15.16 Encroachments Presentation Slides CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAP[ER 15.16 REGARDING ENCROACHMENTS INTO RIGHTS-OF-WAY AND PUBLIC PROPERTY WHEREAS, Chapter 15.16 of the Tigard Municipal Code (TMC) currently regulates encroachments into unimproved rights-of-way, easements, and public property, leaving a significant void in the City's regulation of encroachments into improved areas;and WHEREAS,this ordinance eliminates the distinction between improved and unimproved areas and applies to all rights-of-way and public property; establishes procedures, standards, and conditions for issuing encroachment permits;and identifies exempt encroachments not requiring a permit;and WHEREAS,the ability of the City to control encroachments into rights-of-way and public property is necessary for the protection of the City's transportation facilities, the provision of utility services, and the preservation of public properties. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council amends Chapter 15.16 of the Tigard Municipal Code as shown on the attached Exhibit A (additional language is underlined and deleted text is shown in strip). SECTION 2: 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 vote of all council members present after being read by number and title only,this day of ,2018. Carol A.Kroger,City Recorder APPROVED: By Tigard City Council this day of ,2018. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 18- Page 1 Exhibit A TIGARD MUNICIPAL CODE Chapter 15.16 ENCROACHMENT PERMITS landscaping materials in, over or upon any dedicated unimproved public right of way, Sections: easement, or public property existing on December 7, 1999,shall apply for an encroachment 15.16.010 Encroachments Within permit pursuant to this chapter no later than March Unimproved Public Rights-of- 6, 2000. No action charging a violation of Way,Ea-Sements,and Public subsection A.1 of this section may be initiated for Property - .. ._ • - ... 15.16.015 Definitions before March 6, 2000, or while a timely filed 15.16.020 Exemptions application for an encroachment permit is under 15.16.030 Permit Issuance consideration by the city. 15.16.040 Appeals 15.16.050 Standards and Conditions B. Application and Fee Required. 15.16.060 Recording of Permits 15.16.070 Revocation of Permits 1. Any person desiring proposing to 15.16.080 Removal of Encroachment locate or maintain an encroachment within any 15.16.090 Liability unimproved pylic right-of-way, easement, or 15.16.100 Enforcement public property shall-must submit an application to the city manager engineer or designee. The 15.16.010 Encroachments Within application sly will include a description of the Unimproved Public Rights-of- proposed encroachments; a scale drawing Way,Easements and Public illustrating the nature and extent of the proposed Property encroachment, and its relationship to adjoining properties. If the applicant is not the owner of the A. Encroachment Permits Required_ for property that will be benefitted by the Encroachment in Unimproved Public Rights of encroachment, the owner of that property shall . , -. - -- ,.•: '.: • ' :: - ,; - must also sign the application as a co-applicant. 4- Except as provided in subsection A.2 of this The city engineer manager or designee may require tion it ha" be It is unlawful for any person to , an actual survey to determine the exact location of erect, or cause to be erected, any structure_er-4e the proposed encroachment any public or private place or maintain an landscaping materials encroachment in, over, or upon any dedicated unimproved public right-of- 2. The application shall be way, esement, or public property without having accompanied by a petition indicating the extent of first obtained an encroachment revocable permit support for the proposed encroachment by from the city engineer manager or designee owners/occupants of property within 200 linear authorizing such action. Encroachment into feet in each direction from the boundary of the improved public right of way is only allowed if proposed encroachment, and the names and . ' .. mailing addresses of all property owners within Chapter 15.04. that 200 foot area. 2. The person in control of any 2.3: The applicant must pay a A fee in encroachment of a structure, vegetation, and/or the amount established by resolution of the city 15-16-1 Exhibit A TIGARD MUNICIPAL CODE council shall be paid at the time of the F. "Right-of-way" means an area that application.Hill allows for the passage of people,goods,or utilities. C. Review of Application. The city Right of way may include freeways, pedestrian engineer will review the application to determine if connections, and streets. A right of way may be it complies with standards in this chapter and may dedicated or deeded to the public for public use or, request comments from affected city departments owned by the city or other public body. and utilities regarding the impact of the proposed encroachment. 15.16.020 Exemptions • _ _ A. Certain encroachments are exempt from conduct a review of the application for an the permit requirement of Section 15.16.010. encroachment permit to determine its compliance Exempt encroachments are those which would with the standards in Section 15.16.050 and shall have a minor impact on the present or planned use request comments from affected city departments of the aniaapr-eved pablie right-of-way, easement, regarding the impact of the proposed or public property and those which are expressly encroachment. permitted by this code. Except as provided by subsection B of this section, eExempt 15.16.015 Definitions encroachments are: A. "City engineer" means the city engineer 1. Mailboxes and their enclosing for the City of Tigard or his or her designee. structures.; B. "City hearings officer" means the 2. Temporary signs and banners municipal judge or the individual appointed by the permitted or A-frame signs allowed by the Sign municipal judge with the delegated authority to Code. preside over code enforcement hearings and to perform the related functions. 3. Guard/handrails along edges of driveway approaches, walks, stairs, etc. C. "Encroachment" means any privately encroaching in unimproved public right of way. owned structure, furnishing, hardscape, or underground system other than those authorized by 4. Lawns, plants, and approved street Tigard Municipal Code Chapter 15.06, located in trees encroaching in unimproved public right of the right-of-way or on public property. way that do not obstruct visibility for pedestrians, bicyclists, and motorists. D. "Furnishing" means an object that is designed to be readily moveable and that is not 3. Transportation improvements permanently affixed to the ground, such as a café required by Tigard Community Development Code table or tent. Chapter 18.910 and authorized by a right-of-way permit issued pursuant to Tigard Municipal Code E. "Public property" means any premises Chapter 15.04;or owned or maintained by the city. 15-16-2 Exhibit A TIGARD MUNICIPAL CODE 4. Any encroachments authorized by a B. An appeal must be filed with the city license or franchise granted pursuant to Tigard recorder engineer within 15 days of the date of the Municipal Code Chapter 15.06. decision. stating The appeal must include the basis for the appeal and shall be accompanied by a fee in B. The encroachments described in an amount established by resolution of the city subsection A of this section shall not be exempt if council. Chapter 18.795). C. The city hearings officer council will shall conduct a public hea it g on the appeal B. Encroachments existing before providing provide the appellant and any other November 1, 2018 may remain in place without affected party a reasonable opportunity to be heard requiring an encroachment permit, provided they on the question of why the decision of the city are not: engineer manager or designee should be reversed or modified. Notice of the public hearing shall be 1. A public safety hazard; sent to the applicant, appellant, and owners/occupants of property within 200 linear 2. Modified in any way, including ... .. ... .. - - . repaired, relocated, or reconstructed, but not At the conclusion of the public hearings the city including routine maintenance; and council shall make a final determination in the matter,applying the standards contained in Section 3. Located on or near a benefitting 15.16.050.The decision of the city hearings officer property that is the subject of a land use application is a final decision. or building permit. 15.16.050 Standards and Conditions 15.16.030 Permit Issuance The city engineer manager or designee may The city engineer manager or designee may approve the issuance of a permit for encroachment approve, modify and approve, or deny the within the unimproved pub right-of-way; application for an encroachment permit based on easement, or public property where compliance the standards in Section 15.16.050. Notice of the with the following standards is can be decision shall be sent to the applicant and demonstrated or specific findings arc made that the owners/occupants of property within 200 linear standard i;, found to be not applicable. The city ... .. engineer manager or designee may attach any conditions to the issuance of the permit that are reasonably related to ensuring compliance with this 15.16.040 Appeals section,other applicable city codes and ordinances, and to protection of the public interest. A. An applicant or affected property owner or occupant . •. . •.•• . . .. . • • el A. Standards for Approval. linear feet of the boundary of the proposed encroachment may appeal the decision of the city 1. A minimum of three feet of engineer manager or designee to the city hearings clearance shall be maintained on all sides of fire officer council. hydrants. 15-16-3 Exhibit A TIGARD MUNICIPAL CODE 2. Cl arances to water meters shall be Where drainage is involved, the city manager or one foot behind -and two feet from the sides designee may set specific requirements. measured from the outside edges of the box. The applicant shall pay for meter relocation if this 6. Where the adjacent right of way has standard cannot be met. . . . ' . . . . associated curbs, sidewalks, utilities and street 3. Cl arances from manholes and trees, an encroachment may be permitted between underground pipelines such as city sewer lines, the property line and the back edge of sidewalk water lines, and storm drain lines shall be a provided there is a one foot minimum cl arance minimum of seven bd feet. between the proposed encroachment and the back edge of the sidewalk and all other standards have . _ .. been met. natural landscape -materials, or structures placed 57. The proposed encroachment over those facilities shall be the distance required maintains minimum applicable vertical clearance :. for encroachments within the right-of-way, as the utility providers shall be considered for provided in the Tigard Community Development inclusion into the permit. Code or Manual on Uniform Traffic Control Devices. .. .. .. . 1. The proposed encroachment is pedestrian travel shall be maintained and the expressly authorized by the Tigard Community encroachment shall not result in a loss of arca Development Code or is otherwise in the public needed for parking, vehicular maneuvering, or interest and consistent with the City's Public pedestrian travel. Improvement Design Standards. 6. The proposed encroachment must 2. The proposed encroachment does not meet minimum horizontal clearances from public interfere with the existing or future transportation facilities,such as manholes and fire hydrants,as set system or the provision of public utilities. by the relevant service provider. 3. The proposed encroachment does 8. It is deteimined that the requested not impede vision clearance or sight distance, encroachment is consistent with the current use of pursuant to Tigard Community Development Code the unimproved public right of way, easement or Chapter 18.920 or the current AASHTO publication, "A Geometric Design of Highways and Streets,"whichever is more restrictive. B. Standards of Approval for Furnishings. In addition to the standards provided in Section 45. Proposed The proposed 15.16.050.A, approval of furnishings as encroachments shall does not prevent access to, encroachments must meet the following additional cover, or block the flow of water to or into catch standards. basins, ditches, or swales, and shall does not otherwise alter the natural drainage patterns in a 1. Furnishings may not be chained, manner that adversely affects other property. bolted,or otherwise attached to any fixture,tree,or 15-16-4 Exhibit A TIGARD MUNICIPAL CODE item located in the right-of-way,nor attached to the Failure to maintain the insurance shall results in surface of any right-of-way. automatic revocation of the permit. 2. Furnishings must identify the name 2. The city engineer manager or and address of the owner on the exterior of the designee may place a limit on the time the proposed object, as well as an emergency contact number. encroachment may be located in or on the unimproved right-of-way, casement, or public 3. Furnishings must maintain a property. weather proof or weather resistant quality. 3. To ensure that unimproved right-of- 4. Furnishings must be designed to be way, easement, or public property encroachments stable and self-supporting under a wind load of at do not contribute to visual blight or create a safety least 20 pounds without attachment to the hazard, the permittee must ensure the pavement or other object. encroachment is maintained and kept in a safe condition. ... . . . CB-. Conditions. include a requirement that the encroachment be appropriately maintained. This includes, but is not 1. As a condition of permit issuance, limited to maintaining a condition which is when When the city manager or designee reasonably free of dirt, rust, and grease as well as determines that the proposed allowing the chipped, faded, peeling, or cracked paint. All requested encroachment may subject the city to structural or moving parts must be in working order potential liability, the city may require a condition and pose no safety hazard to the public. Any glass of permit issuance shall be the filing with the city or plastic (such as display windows) must be recorder of the applicant to obtain general liability unbroken and reasonably free of cracks, dents, insurance and file a certificate of insurance with the blemishes, and discoloration. city from an insurance company acceptable to the city.a policy of insurance and form of policy by an 4. The city may impose a charge for insurance company licensed to do business in the • the use of the unimproved public right-of-way, State of Oregon.The policy will shall protect name easement or public property. the city, its officers, agents, and employees as additional insureds. , and the abutting property 5. The city may require the removal of owners,lessees and tenants from any and all claims the encroachment at any time, including when the for injury or damage to persons or property that property benefitted by the encroachment develops. might result from the placing and/or maintenance of the permitted encroachment. The amount of the 15.16.060 Recording of Permits insurance policy will be determined by the city,but in no case will it be less than shall be at least the The city may require the permittee to record limits of public body liability under the Oregon Approved encroachment permits shall be recorded Tort Claims Act.The policy must shall also contain an approved encroachment permit against the title a provision that the city will recorder shall be of the benefitting property. The permittee will pay notified at least 10 days prior to any cancellation of the costs of recording. and the costs of such such insurance. The permittee must shall maintain recording shall be paid by the applicant. the insurance for the term of the permit issued. 15-16-5 Exhibit A TIGARD MUNICIPAL CODE 15.16.070 Revocation of Permits sidewalks, pathways which costs shall may be imposed as a lien upon the property,on the city lien A. All unimproved right-of-way, easement, docket. or public property encroachment permits shad-be are revocable by the city at any time such 15.16.090 Liability revocation would be in the public interest.No grant of any permit, expenditure of money in reliance The permittee, and owner of the benefitted thereon, or lapse of time shall gives the permittee property if different than the permittee, are any right to the continued existence of an responsible and liable for all accidents, encroachment or to any damages or claims against environmental clean-up,damages or injuries to any the city arising from a revocation. person or property resulting from the construction, maintenance, repair, operation or use of an B. Any permit issued under this section encroachment. The permittee will indemnify, shall be chapter will be automatically revoked if the defend, and hold harmless the city, its elected permittee fails to comply with any conditions of the officials, and all officers, employees or agents permit or fails to begin installation of the allowed against any and all damages, claims, demands, encroachment within 60 days after issuance of the actions, causes of action, costs and expenses of permit, unless an the applicant requests an whatsoever nature which they or any of them may extension is-requested prior to the expiration of the sustain by reasons of the acts,conduct or operation 60-day period„ or fails to comply with any of the permittee, the permittee's agents, or employees in connection with the construction, maintenance, repair, operation or use of said 15.16.080 Removal of Encroachment encroachment and by reason of the existence of an approved used right-of-way or public A. Upon revocation, pursuant to Section property encroachment.. shall be liable to any 15.16.070, the permittee or any successor . . • permittee, shall will, at the permittee's own cost, by reason of any encroachment allowed in remove the permitted encroachment within 30 days ... _ after written notice has been provided by the city Furthermore, the permittee shall be liable to the unless a shorter period is specified in the notice of :, ' : : - , ._-• . - - • -. -- , revocation. The permittee must ensure that the for any judgement or expense incurred or paid by property is restored to a good and safe condition. the city, its officers, agents and employees, by B. If the permittee does not remove the right of way, easement or public property encroachment and return the unimproved right-of- enemaehment, way, easement, or public property area to a condition satisfactory to the city engineer,manager 15.16.100 Enforcement or designee, the city shall may do so and the A. Installation or maintenance of an for any and all the costs of returning the right-of- encroachment in violation of Section 15.16.010, or way,easement, or public property to a satisfactory failure to obtain an encroachment permit as condition, including the removal of structures, the required by Section 15.16.010, or to comply with encroachment and reconstruction of streets andior the terms and conditions of an encroachment 15-16-6 Exhibit A TIGARD MUNICIPAL CODE permit issued thereunder is hereby declared a civil infraction subject to enforcement pursuant to Chapter 1.16. B. Installation or maintenance of an encroachment in violation of Section 15.16.010,or an encroachment permit issued pursuant to Section 15.16.010 is hereby declared to be a public nuisance pursuant to Title 6 of the Tigard Municipal Code as defined by Section 6.01.050, which may be abated pursuant to Chapter 1.16. (Ord. 12-02 §3; Ord. 99-31) ■ 15-16-7 City c.. - of Respect and Care I Do the Right Thing I Get it Done Tigard „„ . Encroachments into Right-of-Way City Council Meeting II II e September 25th, 2018 TIGARI) City of Definition of Encroachment 1 An encroachment occurs when a private party places an item with the City's right-of-way or publicly owned property. City of Ti! Examples I Street furniture - I. , Lionsii II .11 ...----: 0 ,illlipi , 4 1 1 ii.....-,:, JA.ili,..„---,..:--,,• .'":.:-'44. 4•' i ---- ., V. 4.,....\,. _ . t— 4 t ,2 ""— ne, _ _.,1 ,, •.....' ..- , i•'moo-, _ ii ' " ----_-;.,-----:--:-',- 401111kki, .,„ Iii 1 •^' •, - ft,* / ,„. , --""•.‘A A tem Illn''''' Tm,,,,,,„, ;,,,,,,r7 -7, , A ....---" .,:;. 111111 '"'"41i.i"".*1.0729 I i ' *VglOrjkft Mil ,lakill -`""01011 _......0 1'- --WIFE" ' -4 Examples / Mailboxes encased in a structure (post mounted are exempt) vor I ry s ,y; yF r 4 City of Tigard Examples I Walls and fences •°,,,, "...-, , ,,, 1 .•.,,,.,‘ ; • , - --I • * ' ° .,. . , ,,, V ,":•-ilt*,;;* 71-,•-°2 ' ' 40 'F'• °---- ... ",'","',:,‘ 7 .. .... - . . • .:NiV006,VIN'',' '"',;.. •.: - _._ „ _ • ,. •,• '•1 ""Igl°!1.••.,:,,•:,,'/,',: ,°* ' • ,,,,,,..‘: :.;•.,!'„:',,,'1,,.":,1*' ::'°,;:',';';',''k(f!,:::''' -----„,' ,. , , • -1 •,,,...,.. °'• ,. *. '. ,,,. „, , ...-- „ ,-...':.'"1/4'':' -''-•., ' .^.- -- 46 - - . • ,',,,',..^,.,..;';‘,„„",,,,,fe* ,^` ,',„''',,',.`,,, '. `0. , , _ . .. ,. , • il Cr Encroachment Regulations 1 Current: The City does not currently regulate or monitor encroachments in improved ROW. Proposed: Approval of the proposed ordinance amends TMC 15.16 to require encroachment permits. This would enable the City to regulate, monitor, and enforce ROW use related to encroachments. City of Tigard Staff Recommendation Staff recommends approval of the proposed amendments to the Municipal Code Chapter 15. 16 regarding encroachments into right-of-way and public property. AGENDA ITEM No. 4 Date: September 25, 2018 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing — Consider Amendments to TMC Chapter 15.16 regarding Encroachments into Rights-of-Way and Public Property This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 4 Date: September 25, 2018 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. (1`-f? \\i 51c) 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. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-3613 5. Business Meeting Meeting Date: 09/25/2018 Length (in minutes): 5 Minutes Agenda Title: Legislative Public Hearing-Consider Ordinance to Amend the Tigard Municipal Code Chapter 6.02 Regarding Right-of-Way Encroachments Prepared For: Shelby Rihala,City Management Submitted By: Carol Krager,Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance -Main Public Hearing-Legislative Public Hearing: Yes Publication Date: Information ISSUE Shall the City Council approve amendments to Tigard Municipal Code Chapter 6.02,Nuisances Affecting Public Health,Safety,and Peace, to reflect recent code updates regarding encroachments into the right-of-way? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adoption of this ordinance. KEY FACTS AND INFORMATION SUMMARY Earlier on this agenda, Council considered amendments to Tigard Municipal Code 15.16,Encroachment Permits. TMC 6.02,Nuisances Affecting Public Health, Safety,and Peace,contains identical language as the prior TMC 15.16 and now needs to be updated to mirror the newly amended encroachment code. This ordinance amends the language regarding nuisance encroachments and makes a violation of the newly amended TMC 15.16 a public nuisance. Additionally,with the renumbering of the city's Community Develpment Code, the citation to the Sign Code in TMC 6.02 is no longer accurate. This ordinance corrects the code citation. OTHER ALTERNATIVES Council could choose not to approve the ordinance and the TMC would remain unchanged. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Improve Tigard walkability and abate nuisances affecting public health, safety,and peace. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Ordinance rT'T'V f1R T'T! A ATI (ID .T TIGARD CITY COUNCIL ORDINANCE NO. 18- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 6.02.340 REGARDING UNAUTHORIZED ENCROACHMENTS WHEREAS, Chapter 6.02 of the Tigard Municipal Code (TMC) regulates nuisances affecting public health, safety,and peace;and WHEREAS,pursuant to Section 6.02.340,an encroachment other than those authorized by TMC Chapter 15.16 is declared a public nuisance;and WHEREAS,TMC Chapter 15.16 was substantially revised and this ordinance updates the nuisance code to reflect that recently adopted language;and WHEREAS,the Tigard Sign Code,located within the Tigard Community Development Code,was renumbered and this ordinance corrects that citation in the nuisance code. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council amends the title of Section 6.02.340 of the Tigard Municipal Code to read,"Encroachments Within Rights-of-Way and Public Property." SECTION 2: Tigard City Council amends Section 6.02.340 of the Tigard Municipal Code as follows (additional language is underlined and deleted text is shown in(trikethrough): Except as provided in Chapter 15.16 Section 15.16.010.A.2, it,3hall be is unlawful for any person to erect,or cause to be erected,any:,tructurc or to place or maintain any vegetation and/or landscaping materials encroachment in, over, or upon any dedicated public right- of-way;casement,or public property without having first obtained a revocable permit from the city manager or designee engineer authorizing such action. Encroachment into : :.; .- : ay is only allowed if specifically authorized by the city pursuant to Chapter 15.04. SECTION 3: Tigard City Council amends Section 6.02.160 of the Tigard Municipal Code as follows (additional language is underlined and deleted text is shown in Gtrikcthrough): Constructing, placing, or maintaining a sign in violation of Tigard Community Development Code Chapter 18.435 p ovisiona of Chapter 18.780 is declared to be a public nuisance in violation of this title. SECTION 4: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. ORDINANCE No. 18- Page 1 PASSED: By vote of all council members present after being read by number and tide only,this day of ,2018. Carol A. Kroger,City Recorder APPROVED: By Tigard City Council this day of ,2018. John L. Cook,Mayor Approved as to form: City Attorney Date ORDINANCE No. 18- Page 2 AGENDA ITEM No. 5 Date: September 25, 2018 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing — Consider Amendments to TMC Chapter 6.02.340 regarding Unauthorized Encroachments This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 5 Date: September 25, 2018 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. 0�� FV \\[o Q, , 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. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-3614 6. Business Meeting Meeting Date: 09/25/2018 Length (in minutes): 10 Minutes Agenda Title: Public Hearing: Consider Amendment of Master Fees and Charges Schedule Prepared For: Shelby Rihala,City Management Submitted By: Carol Krager,Central Services Item Type: Resolution Meeting Type: Council Business Meeting Public Hearing- Informational -Main Public Hearing: No Publication Date: Information ISSUE A Public Hearing to consider amending the Master Fees and Charges to add fees related to encroachment permits. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that City Council adopt the attached resolution. KEY FACTS AND INFORMATION SUMMARY Earlier on this agenda,Council considered amendments to Tigard Municipal Code 15.16 regarding encroachments. These amendments add a permit requirement for encroachments into the improved right-of-way. Even though the prior version of the code required an encroachment permit for encroachments into the unimproved right-of-way,there was no corresponding fee in the City's fee schedule to compensate the City for its review of these applications. This resolution imposes a$100 encroachment permit application fee and a$250 appeal fee for appeals of an encroachment permit denial. OTHER ALTERNATIVES Council could suggest a different fee structure or take no action,meaning there would be no fees for encroachment permits or appeals. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS The fees and charges help fund council strategies,including the City's Strategic Plan. DATES OF PREVIOUS COUNCIL CONSIDERATION Council reviewed the Master Fees and Charges as part of the budget adoption process on June 26,2018. Attachments Resolution Exhibit A AgendaQuick©2005-2018 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18- A RESOLUTION AMENDING THE MASTER FEES AND CHARGES TO ADD FEES RELA 1'ED TO ENCROACHMENTS WHEREAS, Ordinance 18 amended Tigard Municipal Code 15.16 regarding encroachments and adding a permit requirement for encroachments into the improved right-of-way;and WHEREAS, the City wishes to establish fees for an encroachment permit and appeals of a denial of an encroachment permit. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Master Fees and Charges for the City of Tigard are amended to establish an encroachment permit fee and appeal fee for the appeal of a denial of an encroachment permit as shown in the attached schedule(Exhibit A). SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2018. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 18- Page 1 Exhibit A - Encroachment Fee Department Revenue Source Fee or Charge Effective Date PUBLIC WORKS-DEVELOPMENT ENGINEERING Addressing Assignment Fee $50.00 /lot or suite(up to first 20) 8/1/2017 $25.00 /lot or suite(for 21 and greater) 8/1/2017 Early Addressing Request $250.00 Prior to Plat Approval 8/1/2017 Encroachments Encroachment Permit $100.00 11/1/2018 Encroachment Permit Appeal $250.00 11/1/2018 Erosion Control Inspection Fee With Development Construction Cost Estimate$0-$25,000 $80.70 7/1/2014 Construction Cost Estimate$25,001-$50,000 $107.60 7/1/2014 Construction Cost Estimate$50,001-$100,000 $161.40 7/1/2014 Construction Cost Estimate over$100,000 $161.40 plus$75 per$100,000 or fraction thereof 7/1/2014 exceeding the first$100,000 Without Development 0-0.99acres $322.80 7/1/2014 lacre of greater $322.80 plus$150 per acre or fraction thereof 7/1/2014 Reinspection Fee $96.84 per hour with a minimum of 1 hour 7/1/2014 Plan Check included in inspection fee 7/1/2014 Plan Resubmittal Review $96.84 per hour with a minimum of 1/2 hour 7/1/2014 Fee In Lieu Of Bicycle Striping 8-inch white stripe $2.69 /linear foot of frontage 7/1/2014 Bike lane legends $188.30 /each 7/1/2014 Directional mini-arrows $107.60 /each 7/1/2014 Mono-directional reflective markers $4.30 /each 7/1/2014 Fee In Lieu of Construction of an Onsite Stormwater Quality Facility $1.00 /per sq. ft.of untreated impervious area 8/1/2017 Fee In Lieu Of Undergrounding Utility Portion(one or more,accumulative): Electrical $75.00 /lineal foot 7/1/2018 Page 1 Exhibit A - Encroachment Fee Department Revenue Source Fee or Charge Effective Date Cable $15.00 /lineal foot 7/1/2018 Telecommunication $25.00 /lineal foot 7/1/2018 Trench Cost(applied only once,per lineal foot) $35.00 /lineal foot 7/1/2018 Public Facility Improvement-LIDA*Permit $300.00 /equivalent dwelling unit(EDU) 8/1/2017 for review and inspection of LIDA on single lots * -LIDA+ Low Impact Development Approaches per Clean Water Services Design and Construction Standards Public Facility Improvement Permit 2%plan review plus 7/1/2009 5%of estimated cost of public improvement with a 7/1/2005 $300 minimum Advanced deposit of 10%of the above or minimum of$300 Reimbursement District Application Fee $300.00 1/27/1998 Reimbursement District Fee Not to Exceed$6,000.00 unless reimbursement fee exceeds$15,000.00. 7/1/2001 Any amount over$15,000.00 shall be reimbursed by the owner;$6,000.00 limit valid for only 3 years from Council approval of district cost. Streetlight Energy&Maintenance Fee Based upon PGE Schedule#95 Option"A" for the first two years costs 2000 Traffic/Pedestrian Signs Cost of materials and labor 2/7/2002 Tigard Triangle Mixed Use Zone—Fees and Charges Transportation Impact Study Actual Cost of Study by City Transportation Consultant 7/1/2018 Estimated Cost of Improvements by City Engineer(determination based on an estimate to construct the required improvements using the average cost Transportation Fee in Lieu of Construction of the most recent capital improvement project itemized bid prices) 7/1/2018 Engineering Pre-Screen Conference $300.00 /conference 7/1/2018 Page 2 AGENDA ITEM No. 6 Date: September 25, 2018 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Public Hearing — Consider Amendments to Master Fees and Charges Schedule This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 6 Date: September 25, 2018 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. ' (:) ?e(A. 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. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-3630 7. Business Meeting Meeting Date: 09/25/2018 Length (in minutes): 5 Minutes Agenda Title: CONSIDER RESOLUTION AUTHORIZING A CDBG GRANT APPLICATION FOR FREWING ST SIDEWALKS Submitted By: Dave Roth, Community Development Item Type: Resolution Meeting Type: Council Business Meeting - Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall Council approve a resolution authorizing a Community Development Block Grant (CDBG) application for sidewalk construction and related improvements on one side of SW Frewing Street? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that Council approve of the resolution. KEY FACTS AND INFORMATION SUMMARY The CDBG grant application is for completing a missing sidewalk segment on one side of SW Frewing Street east of HWY 99W. The grant amount being applied for is $237,720. The City of Tigard's match amount for this grant will be $27,000, funded through engineering design and management services. This improvement would provide a safer option for residents on Frewing to walk. Currently, residents including children being picked up and dropped off by school buses, are forced to walk in the roadway. CDBG funding would allow this project to move forward on these improvements. OTHER ALTERNATIVES Decline to authorize the CDBG application. Improvements will need to be funded from other sources. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS City of Tigard Strategic Plan: "Facilitate walking connections to develop an identity." DATES OF PREVIOUS CONSIDERATION The City of Tigard previously applied for, but was not awarded CDBG funds for this project in 2010. Fiscal Impact Cost: $27,000 Budgeted (yes or no): yes Where budgeted?: PW Engineering Additional Fiscal Notes: The cost of this project represents a 10% match of the total grant request. This match comes from engineering design and management services. Attachments CDBG Grant - Frewing CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18- A RESOLUTION AUTHORIZING A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR CONS 1RUCTION OF A SIDEWALK AND RELA 1'LD IMPROVEMENTS ON ONE SIDE OF SW FREWING STREET WHEREAS, SW Frewing Street is an older street constructed without curbs, sidewalks, and/or drainage facilities;and WHEREAS, the installation of a sidewalk and related improvements along this street would improve neighborhood quality and safety conditions for children and other pedestrians;and WHEREAS, improvements to SW Frewing Street are defined in an application for federal Community Development Block Grant funds;and WHEREAS, these improvements meet the national and Washington County Community Development Block Grant objective of serving persons having low and moderate incomes. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Staff is authorized to apply for Community Development Block Grant funding for construction of a sidewalk and related improvements on one side of SW Frewing Street. SECTION : This resolution is effective immediately upon passage. PASSED: This day of 2018. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 18- Page 1