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City Council Packet - 11/17/1998itevised 11/13/98 PUBLIC NOTICE: 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 634-4171, 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. ® 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 date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - NOVEMBER 17,1998. PAGE 1 AGENDA TIGARD CITY COUNCIL MEETING NOVEMBER 17, 1998 6:30 p.m. 1. WORKSHOP MEETING 1.1 Call to Order - City Council & 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 6:40 p.m. 2. JOINT BUDGET/COUNCIL MEETING: > DISCUSSION: SOCIAL SERVICES APPLICATION PROCESS > DISCUSSION: PUBLIC FACILITIES OPTIONS Administration Department 7:30 p.m. 3. GUEST SPEAKER ON RECYCLING Introduction: Administration Department Jon Kvistad - Metro Presiding Officer 7:50 ISCUSSION: ENCROACHMENT ON PUBLIC PROPERTIES Introduction: Administration Department 8:20 p.m. 5. RT: MCCA SITE - RO CROSSING Engi in epart t 8:40 p.m. 6. DISCUSSION OF PROPOSED ACTIONS TO RESOLVE PARKING- RELATED PROBLEMS ON SW 76TH AVENUE AND MILTON COURT ® Engineering Department COUNCIL AGENDA - NOVEMBER 17,1998 - PAGE 2 9:00 P.M. 7. PROPOSED MODIFICATION OF ENGINEERING DEPARTMENT FEES 0 Engineering Department 9:20 p.m. S. DISCUSSION OF COUNCIL GOAL SETTING e Administration 9:40 p.m. 9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (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 nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 10:00 P.M. 10. ADJOURNMENT 1\T I G333%U S RXD E PTS W D MICATHYXC CA\.981117. D OC COUNCIL AGENDA - NOVEMBER 17,1999 - PAGE 3 0 TIGARD CITY COUNCIL WORKSHOP MEETING Agenda Item No. Meeting of Z G L MEETING MINUTES - NOVEMBER 17, 1995 1. WORKSHOP MEETING 1.1 Call to Order - City Council & Local Contract Review Board Council President Hunt :galled the meeting to order at 6:32 p.m. 1.2 Roll Call Council Present: Council President Paul Hunt, Councilors Brian Moore, Mayor Nicoli (arrived 6:52 p.m.) and Bob Rohlf Staff Present: City Manager Bill Monahan; Asst. to the City Manager Liz Newton; City Recorder Catherine Wheatley; Public Works Director Ed Wegner; City Attorney Tim Ramis; City Engineer Gus Duenas; Finance Director Wayne Lowry; Police Chief Ron Goodpaster; Jeff Munro; and Library Director Melinda Sisson 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items Bill Monahan, City Manager, noted that staff received a call today from Mr. McCall's office asking to indefinitely postpone Agenda Item 5, McCall Oil Site Railroad Crossing. Tim Ramis, City Attorney, asked the Council to review the draft resolution addressing the policy issues discussed last week regarding providing legal defense for Councilors, employees, and members of Boards and Commissions. He noted that this went beyond the existing statute that provided protection in cases of tort claims, and clarified that in all other types of matters, the City would provide a legal defense. He mentioned that an appropriate time for feedback would be during the insurance and defense training scheduled for Council next week. 2. JOINT BUDGET/COUNCIL MEETING: SOCIAL SERVICES APPLICATION PROCESS o Social Services Application Process Mr. Monahan referenced the staff report from last year's budget cycle suggesting a review of how social services programs were presently funded and an assessment of the community to determine if there were any needs not being addressed. He reported that, while staff was not as far along as they had hoped to be, Ms. Newton has developed an outline for the assessment, staff has given Council the application form for review, and staff has informed Interfaith Outreach Services by letter that the City needed the city building they were occupying for municipal uses, as of July 1. He commented that, even with approval, staff did not think that the assessment work could be completed this budget cycle. CITY COUNCIL MEETING MINUTES -NOVEMBER 17, 1998 - PAGE 1 ii.iz Newton, Assistant to the City Manager, reviewed her outline for conducting a social service needs assessment. The key components included identifying current social service providers in the area, holding a forum to discuss the social service needs in the Tigard community, structuring the forum to obtain the necessary information, identifying Tigard's target base by conducting a one-on-one assessment of those agencies or individuals who raised specific issues at the forum, and preparing findings and reviewing them at a second forum. Ms. Newton said that the product of this process would be a report to Council and the Committee discussing Tigard's social service needs, recommending priorities for funding, and detailing a process to assess future priorities. She noted suggested changes on the application form to require identification of the target population and documentation of meeting those needs. She suggested creating a Social Service Agency Coordination Council to help establish partnerships between agencies in order to meet the needs in the community. Councilor Rohlf asked if arts were included under the umbrella of social services. Ms. Newton said no. Mr. Monahan asked if Council wanted staff to make sure that the application was more complete prior to sending it to the Committee or if they wanted more information from the application. Ms. Newton pointed out that a modified request form could help with the assessment process by focusing more specifically on the Tigard client base. Wayne Lowry, )Finance Director, noted that Phil Westover modeled the form after the United Way form. He commented that the application might contain information that the Committee was not interested in and should be deleted. George Burgess, Budget Committee, suggested allowing repeat requesters to fill out an abbreviated version of the form, once the City had the information provided on the initial form. Mr. Monahan asked what specific information should be on file and what should be requested every year. Councilor Moore commented that what was important to him was what they provided for the City. He said that he found the process too time-consuming, especially considering that social service funding represented only one-half of one percent of the entire City budget. Gene Farnsworth, Budget Committee, suggested using a threshold dollar amount to determine how much information was needed. He commented that they did not need a great deal of information to decide to give $500 to the high school. Mr. Lowry clarified that staff divided funding requests into two categories: arts & events and social service agencies. The arts & events application did not require the same amount of information as the social service application did. Joyce Patton, Budget Committee and Councilor-elect, expressed concern that the needs assessment as outlined by staff was a cumbersome process for handling a minimal amount of the budget. She spoke to being careful about what kind of signals the City was sending to social service providers regarding what the City was willing to do to help. She asked if the Committee wanted to consider allocating more money to social service funding. She commented that the more information the City solicited and the more opportunities they gave for all agencies to make requests provided an incentive for social service agencies to look to Tigard as a primary funding source. Mr. Monahan commented that there was a perception among the social service agencies that the Tigard funds were already spoken for and there was no point in applying. He pointed out that the same social services agencies applied year after year and almost expected to get funding. He CITY COUNCIL MEETING MINUTES -NOVEMBER 17, 1998 - PAGE 2 said that staff did not think that they really knew if the services provided addressed the needs of the Tigard community. He mentioned other issues arising, such as affordable housing groups. He said that staff was thinking of sending the message that it would not be so easy to get funding because the City would decide based on what the citizens of Tigard needed. Max Williams, Budget Committee, agreed that there were other agencies that did not try for Tigard funding. He expressed concern that the needs assessment was a big project that could produce a document that might not tell them much more than they already knew. He spoke to expanding the invitation to groups with no guarantee that anyone would get any money, asking the agencies what they would do for the City of Tigard, and making tough choices that did not necessarily give everyone money. Mr. Williams supported a presentation by the agencies and a debate by the Committee about where they wanted to put their money. He commented that he would rather take the amount of staff time that would be spent on the needs assessment and increasing the funding to social service agencies. He expressed concern that the staff proposal could lead to a social service coordinator working for the City. Mr. Monahan suggested a middle ground of not doing the analysis but creating the Social Service Advisory Council to receive presentations from the various agencies during the year on how they met social service needs. He commented that they could ask what unaddressed needs these agencies saw in the community and discuss ways of meeting those needs. • Mayor Nicoli arrived at 6:52 p.m. Mr. Williams said that he liked altering the application so that it was simplified and required documentation of what the agency was doing for people in the City of Tigard. He reiterated his concern that the staff assessment was a lot of work for a small result. Councilor Hunt agreed that they needed to consider other agencies but questioned whether this might not be opening the floodgates. Ms. Newton explained that her concern had been identifying the unaddressed needs in the community rather than simply reaching out to the existing social service agencies. She agreed that they needed to be firm that they would not consider any client base other than Tigard. She pointed out that the needs assessment might find that there were no needs not being met but it could also identify areas for partnerships to meet unaddressed needs. Ms. Patton agreed that it was important to identify the various providers and to solicit information from them on what they saw as unmet needs and on what they were doing. She stated that she was not comfortable with the staff assessment process and was concerned about creating expectations during the process that the City might not be able to fill. Mr. Burgess agreed that funding agencies that served Tigard should be their top concern. He questioned whether they needed to look for unmet needs, as he thought that there were a lot of needs met by agencies that they were not funding. Councilor Moore suggested streamlining the application form to identify what the agency was providing for the City of Tigard, and other information regarding the organization. He suggested that the Social Service Agency Coordination Council be a subcommittee of the Budget Committee with both Council and citizen members, and that it review and prioritize the applications so that the Budget Committee could spend more of their time on other areas of the budget. Mr. Burgess supported streamlining the process with a Coordination Council CITY COUNCIL MEETING MINUTES -NOVEMBER 17, 1998 - PAGE 3 prioritizing requests so that the Committee did not listen to the presentations of information already given on the application. Mr. Monahan suggested that Mr. Lowry, himself, a Councilor, and a citizen Budget Committee member screen the applications through a presentation process and make recommendations to the Committee of the whole. Councilor Moore commented that he did not want agencies requesting a specific dollar amount. He spoke to the Committee deciding what each agency should get rather than feeling that they needed to get as close to the requested amount as possible. Ms. Patton disagreed. She said that without a requested dollar amount it would be difficult to judge how much to give to an organization. Councilor Moore suggested that they could judge the need for funding from information contained in the application. The Council and Committee continued to discuss the process and application form. Mr. Lowry noted that there was no requirement for agencies to make a presentation. Ms. Patton spoke to enforcing complete applications. Mr. Monahan mentioned an option such as dividing in advance the total dollars available into specific amounts for arts and for social services. He commented that he heard a consensus to hold firm on complete applications, to streamline the process at the Committee hearings, and to rate the applications, but no specifics on how to evaluate the applications. Mr. Williams suggested that a Budget Committee subcommittee (one Councilor, one citizen) work with Mr. Lowry on revising the application form, and serve as the first team to evaluate the applications and make recommendations to the Budget Committee. Mr. Monahan asked about the allocation of the dollars between arts and social service agencies. Councilor Moore suggested using the same cap as they used before. Mr. Williams said that with Mr. Lowry providing the evaluation group with historical data for use as a guideline, and the Councilor member keeping the group abreast of current events, he thought that the situation would work itself out. The Council and Committee agreed by consensus to appoint a subcommittee to evaluate the applications. Councilor Moore asked if there was sufficient time for the committee to do its work this year or would it have to wait until next year. Mr. Lowry said that the work could be done this year. Ms. Patton commented that while the subcommittee was meeting, staff could identify area service providers and solicit information on unmet needs to target. Mr. Monahan offered to sit on the evaluation team if the Committee so desired. He suggested altering the Budget Committee schedule and not have the first meeting devoted to social service presentations. Councilor Hunt suggested holding another Council work session meeting with the Budget Committee prior to starting the budget process. The Council and Committee discussed who would serve on the subcommittee. They agreed by consensus on Joyce Patton, Wayne Lowry, Bill Monahan, and either George Burgess or Gene Farnsworth. ® Public Facilities Mr. Monahan referenced the report he made to Council last week in response to the failure of the facilities bond measure. He mentioned his suggestion to proceed with the Police Department CITY COUNCIL MEETING MINUTES -NOVEMBER 17, 1998 - PAGE 4 remod;;l budgeted at $180,000. He reviewed the setting aside, over time, of $200,000 from the general fund into the reserve fund for capital expenditures which would be used for the Police Department expansion. Mr. Lowry explained that, in anticipation of the bond measure passing, staff budgeted $180,000 of general fund operating money for the Police Department remodel and $600,000 for a proposed property acquisition with the intention of using the bond proceeds to reimburse the general fund. With the failure of the bond, staff transferred the $180,000 to the facilities fund but not the $600,000. Mr. Monahan noted that staff was no longer proceeding with the $600,000 purchase but was pursuing a smaller property acquisition in the range of $160,000 to $180,000. He reviewed the use of the dollars set aside for major maintenance. He suggested adding a $5,000 project to the Police Department remodel to install a glass wall between the Police lobby and the City Hall lobby. Mr. Lowry advised against using too much general fund operating money for capital purchases because the City's ability to increase its tax dollars in the future has been greatly impaired, being limited to short-term local option levies. He said that he did not support transferring $600,000 to the facilities fund. Mayor Nicoli pointed out that the trend towards high construction prices has 'reversed itself, creating a public bidding market favorable to the City right now. He said that bids were coming in as much as 10% below the architect's cost estimate. He spoke to going out with the Police Department remodel bid at this time. Mr. Monahan asked for authorization to proceed with the Police Department remodel. Mayor Nicoli said that he would like to finish the Police Department remodel and that he was not opposed to installing the glass wall between the lobbies. He suggested waiting 90 days to look at options to resolve the short-term problems at the library with a decision being made by the Budget Committee in February or March. Councilor Hunt questioned installing a glass wall instead of double doors because of the impact on the police employees. Mr. Wegner explained that a "glass wall" was recommend because of cost and space issues associated with ADA accessibility requirements. Mr. Monahan commented that with the remodel, the police employees would no longer be conducting preliminary interviews at the table in the lobby. Police Chief Ron Coodpaster confirmed that there was not enough room for a double door with the remodel design changes to the lobby. Ms. Newton mentioned that PGE has offered to assist with energy conservation. Mr. Monahan said that Chief Goodpaster was reviewing the plans to determine if there was any space in the expanded and remodeled police facility suitable for temporary use by other departments. Councilor Moore asked when would be the most opportune time to go back with the bond measure. Mr. Monahan said that the general election was the optimum time to go, given the double majority rule. The Council agreed by consensus to proceed with the Police Department remodel.. Mayor Nicoli spoke to addressing the problems at the Library through a plan to address short- term needs and then reach an agreement on a long-term solution that would go back to the voters. CITY COUNCIL MEETING MINUTES -NOVEMBER 17, 1998 - PAGE 5 Mayor Nicoli suggested involving the library staff in finding short-term solutions for space needs. He asked that staff have the dollars costed out for those options in time for the Budget Committee meetings next year. Mr. Monahan mentioned a possibility of shifting staff between the IOS building, the building on the property they might acquire, the police building, and the water building in order to empty the Niche for use as a library annex. Councilor Moore concurred with the Mayor's suggestion. Councilor Hunt mentioned a previous concern expressed by the Mayor that the Library bond would compete with the road bond. Mayor Nicoli stated that that was why they needed to find both long-term and short-term solutions and to review resources identified by staff. Mr. Burgess commented that City staff has done such a good job of using what space it had that people were not aware how sh(fft of space the City was. He suggested putting a modular unit out by the flagpole in front of the library to draw people's attention to the shortage of space. Mr. Monahan reported that last week three employees (one each from Finance, Engineering, and Planning) began telecommuting one day a week for a six-month trial period. He said that if telecommuting was beneficial to the City and maintained productivity and customer service, then they might recommend more telecommuting, which would also be a temporary solution to the overcrowding problem. Mr. Monahan thanked Max Williams for his years of service on the Budget Committee. Mr. Williams expressed his appreciation for the opportunity to serve. 3. GUEST SPEAKER ON RECYCLING Mr. Monahan briefed the Council on the staff work regarding recycling. He said that Loreen Mills, Risk Analyst, has written letters to Metro and the State, and attempted to get other communities in the area equally concerned about the needs that staff has identified. He noted that the Governor has not taken the aggressive stand recommended by Tigard, and therefore, they invited Jon K..vistad, Metro Presiding Officer, to discuss the issues with Council. Mr. Kvistad mentioned the State mandate of a 50% recycling rate by the end of the century. He reported that the region has risen from 32% in 1991 to 48% today. He said that the non-recycled waste tonnage in the region has increased by almost 200 pounds per person per year. Over the last two years, tonnage was up 1.2 million tons per year. Mr. Kvistad commented that the major problem in recycling was finding markets that were cost effective. He reviewed Metro's recycling grants program which established a revolving fund to loan dollars to companies on a two-to-one match to help them acquire equipment or develop facilities for recycling materials. He reported that United Recycling of Newberg (which recycled old gypsum wallboards into fertilizer and feed) would receive most of the $150,000 budgeted for the program this year. Mr. Kvistad said that glass recycling was doing well but a plastic =c. yc====s r•~~-~••• to lack of markets. He mentioned a company that manufactured a plastic wood that was very heavy and very expensive. He reviewed other efforts by companies to use recycled plastics, CITY COUNCIL MEETING MINUTES -NOVEMBER 1.7, 1998 - PAGE 6 including a recycled wrap used to protect pipes and conduits in trenches and recycled pipes Mr. Kvistad commented that while he was chair of the Regional Environmental Management Committee in 1995, they began moving toward privatization of the transfer stations. Metro now allowed the franchising of "pick and sorts" that took recyclables outside of the Metro system and reduced the tonnage that went to the landfill. Mr. Kvistad said that Metro was doing the best it could with regard to recycling so those individual jurisdictions did not have to develop an extra recycling effort. He held that they have been successful in working with local jurisdiction programs and in educating both adults and children to recycle materials. He reiterated that recycling plastics remained a problem. He mentioned that they have not received any grant applications for recycling plastics in the last two years. Councilor Rohlf stated that he did not think that Metro was doing nearly enough with recycling, given the mandates to local jurisdictions. He pointed out that Tigard has developed very aggressive recycling programs but questioned their continued participation if they had no end market that actually used the materials. He said that he was distressed that Metro did not make this a higher priority, considering that the bulk of Metro funding came from solid waste fees. He spoke to making a strong effort to aggressively develop markets for recyclables. He commented that the citizens and local jurisdictions were doing their part but it did not appear that either the State or Metro was interested in doing theirs. Mr. Kvistad pointed out that Metro had the only recycling grant program in Oregon. He said that Metro staff did look for companies using recycled materials but Metro was not in a position to start up companies. He commented that getting these programs up and running was difficult because it was new territory. He stated that they did fund this program aggressively. Councilor Rohlf said that while he had sympathy for the difficulties involved, the fact remained that the citizens and children were recycling. He spoke to the need for an aggressive effort on the marketing end, involving government intervention with decent amounts of money and a serious level of staffing. Mr. Kvistad said that finding private sector companies with a market for the material was the problem rather than funding. He commented that they knew companies were out there but not on a massive scale. He mentioned that it took three years working with one company to make a prototype product a reality, Councilor Rohlf asked if there were cooperative programs at universities to develop alternate uses for materials. Mr. Kvistad mentioned the five-tier track in the region for dealing with recyclables. He said that one tier was the actual management of the system while a second tier was dealing with toxic and hazardous materials. He reviewed the increase in toxic and hazard materials entering the waste stream and the difficulties they had is dealing with it. He mentioned the annual toxic waste disposal day at Washington Square that got a lot of toxins out of the waste stream. He said that this was a major problem area that Metro has put a lot of work into. He reiterated that Metro has come along way in meeting the State mandate for recycled •iiuwiaauto. CITY COUNCIL MEETING MINUTES -NOVEMBER 17, 1998 - PAGE 7 Councilor Rohlf commented that he did not see how they would reach that goal without taking a very aggressive approach. Mr. Kvistad cited the recycling grant program. He noted that the region was focusing on funding land use planning. He mentioned the internal battle at Metro over how to fund with an excise-tax-funded government. He said that they had millions of dollars in the Solid Waste Reserve fund which could be used if they could find partners and the Executive Officer made it a priority. He reiterated that Metro has decided not to become a business but rather to help the private sector businesses get up and running. He noted that recycling materials was labor and power intensive and it was difficult to get programs started. Councilor Rohlf stated that his concern was that they had a social policy base of advocating recycling but lacked the end markets to use most of the recyclable materials. Mr. Kvistad reviewed Metro's funding of a process five years ago to turn paper waste into pellet fuel ($3 million), mentioning problems with reliability and having a clean enough product that, if burnt, did not create an environmental hazard. He commented that he did not have all the answers. Councilor Rohlf asked how could the City best pressure Metro to assign the necessary staff. Mr. Kvistad suggested talking to State Representative Max Williams. He pointed out that both Metro and the local jurisdictions were under the State mandate. He mentioned federal lawsuits regarding flow control. He reiterated that toxic waste disposal was a big problem for them. He noted the many functions of Metro that required balancing. He mentioned the politics of regionalism. Councilor Moore concurred with Councilor Rohlf's comments. A lady in the audience commented that citizens needed to buy products made with recycled materials. Mr. Kvistad agreed. Mr. Kvistad stated that finding private sector markets with products and services remained the decisive factor of successful recycling. 4. DISCUSSION: ENCROACHMENT ON PUBLIC PROPERTIES Mr. Monahan noted that staff brought this issue to Council's attention during a work session several months ago. He said that a problem staff identified was private property owners who resided along either city parks, greenways or trails either encroaching on City land or taking on extra responsibility by becoming caretakers of City land (depending on one's point of view). He commented that some instances occurred in the past at a time when the City had limited budgets for park maintenance, and staff allowed citizens who asked permission to encroach on public lands. He pointed out that other people saw these allowed encroachments and proceeded to take over City property without asking permission. Mr. Monahan said that staff wanted to determine what the City policy was on allowing these encroachments. He mentioned the master plan for the development and long term maintenance of all City facilities. He asked if the City should not, as caretakers of the public land, make sure that all maintenance of City property furthered the public purpose. Mr. Monahan noted that Ed Wegner and Jeff Munro surveyed the properties at Summer Lake and Cook Parks to identify areas of concern, and reported to Council. Following that meeting, Jack Meyers of Riverwood Lane (who had received permission from a staff member to encroach CITY COUNCIL MEETING MINUTES -NOVEMBER 17, 1998 - PAGE 8 on city property) expressed concern at what would happen to the property owners' investment in taking responsibility for City land, if the Council decided that the City would be responsible for maintaining its land. Mr. Monahan presented the two options developed by staff to address this situation. Option 1 prohibited encroachments entirely while Option 2 allowed property owners to take over responsibility for City land under certain circumstances, whatever the Council determiner) those to be. He reviewed the issues involved with each option. Mr. Wegner commented that he thought that this issue had been blown out of proportion. He explained that this matter was brought to his attention when some people using Summerlake Park were sprayed by a privately owned irrigation system installed next to the path. He emphasized that the review of this issue was not focused on Mr. Meyer's rose garden. He said that when staff looked into the situation in several areas, they found a variety of encroachments, including rose gardens, irrigation systems, roof drains draining onto public pathways creating mudholes, etc. He mentioned that the insurance company has advised staff about liability concerns of some unauthorized playground equipment installed on City property. Mr. Wegner recommended Option B and a structure to allow systematic encroachment in the park system (if it provided a benefit to the public) and treated everyone fairly. He requested direction to staff on how to handle existing encroachments and future encroachment requests. He commented that staff opposed encroachments that caused drainage problems, but in other circumstances, the improvements that encroached onto City property could be an asset. Councilor Hunt raised the issue of the maintenance of street easements. He cited the City's original requirement that the Summerfield Neighborhood maintain the property between the brick wall and the street on Durham Road (although lately the City has maintained it). Mr. Monahan agreed that there was no clear policy on the maintenance of street easements. Mr. Monahan explained that Councilor Hunt was referring to situations where the right-of-way required for the eventual total width of a road was greater than the actual road width at this time, thus leaving a strip of land between the street and a wall or a fence. He said that sometimes that strip was dedicated to the City (and thus maintained by the City) and sometimes it was part of the property on the other side of the fence (and thus maintained by the homeowners). He reiterated the need to clarify areas of responsibility. Mayor Nicoli opened the floor to the public. Jack Meyers testified via an audiotape played for the Council. He said that Scot Hager would be his representative at the Council meeting. He reviewed the background of the greenway behind Pick's Landing and Copper Creek. He said that the greenway had been abandoned by the City. Five years ago the residents collected funds to pay for one commercial mowing of the greenway during the season because the tall dry grass was a fire hazard. He said that in the third year he contacted Ed Wegner who agreed that the City would mow the area. He commented that he did not remember whether or not the residents contributed funds for the mowing. Mr. Meyers said that in the fourth year, the residents decided to ask the City to keep the area cut throughout the season and to offer to pay for it. He stated that he began working with Steve, a r staff of f member, %vho tumed the area intn n nirP littip nnrlr area nlnna the- arPPniaiav to the r--- t great appreciation of the neighbors and those using the path. CITY COUNCIL MEETING MINUTES -NOVEMBER 17, 1998 - PAGE 9 Mr. Meyers spoke to reconciling the problem that was created by staff's determination to remove the encroachments, which up until now, had bothered no one. He held that this was beyond their authority. He referenced the staff report detailing the two options. He disagreed with Option 1, the prohibition of all encroachments. Regarding Option 2, he commented that he saw no purpose in requiring citizens to provide insurance or obtain various approvals. Mr. Meyers reviewed what he held were the facts of the case. He said that the land in question was not City property but was public land. He contended that the City failed to care and maintain the land, despite having the responsibility to do so. He said that the property owners took it upon themselves to improve these areas to the benefit of the City and at their own personal expense. He said that there have been numerous violations of City Code by people dumping on City property, and contended that the City has made no effort to apprehend these violators. Mr. Meyers spoke to getting volunteers to take care of unsightly areas, such as the area bordering the exit ramp from 217S to Hwy 99W. He suggested that the City develop a program to help pay for the expenses of improvements as long as the public was willing to provide the labor. He proposed that a committee with citizens and Parks's staff work out a simple program without licenses, fees or insurance. He mentioned that he was selling his home but would stay with this issue as long as he could because he wanted to see something done. Barb Meyers testined in support of allowing encroachments on City property. She mentioned that she and her husband freely allowed anyone to take roses from the rose garden. Scot Hager stated that his comments related only to the Riverwood area where he lived. He spoke to identifying the problem and finding a solution instead of attacking everything that encroached in the greenway. Mayor Nicoli objected to the use of the word "attack." He stated that staff has properly brought a situation in the City to the attention of the Council, and staff was not "going after" individual citizens. He said that he has personally walked the greenway and had serious concerns about some of the things he observed. He asked that any comments be directed to the Council and not attack the staff. Mr. Hager said that no one in the neighborhood would object to removal of the swingset. He agreed that anything that presented a gross violation or was a serious safety problem should be stopped or removed. He suggested grandfathering in existing items that were not dangerous or junky or ugly. He suggested forming a panel to review future requests to improve City land. He said that the neighbors did not want to have to tear out items that most them did not put in nor did they want to be involved in a bureaucratic process to sanction the existing encroachments that were not causing problems. Linda Counts, spoke in support of Mr. Meyer's comments. She asked that a policy be developed with citizen involvement and including grandfathering in appropriate improvements, such as the roses. Linda Heims reviewed various encroachments in Summerlake Park. She mentioned landscaping installed by the neighbor across from her on City property which blocked her view of the lake and reduced the value of her house by $15,000, according to the latest appraisal. She said that this landscaping also prevented people from accessing the park via the pathway because it has overgrown the pathway. She referred to a willow tree and juniper bushes in particular. She asked that the landscaping encroaching on City property be removed. She menticned a liability issue with children and dogs eating the berries from the bushes planted by a neighbor on City property. CITY COUNCIL MEETING MINUTES -NOVEMBER 17, 1998 - PAGE 10 Ms. Heims noted that the river rock on the berm at the back of their property rolled down on the path and made it difficult for people to walk there. She said that she reported to Code Enforcement the tall rosebushes overhanging the path between Glacier Lily and the park. She said that the officer issued notices to the property owner to maintain his bushes but it was still a problem. She mentioned her efforts to talk to staff about dealing with these issues of encroachment. She was now asking the Council to do something about it. Ms. Heims commented that in the early 1980s, when she was on the Homeowners Association Board, the City told them that they could plant grass right up to the path and mow it but not put anything else on it. She said that over time, people have done whatever they wanted to and now it was a mess. She noted that there were liability issues for the City. Councilor Hunt spoke to developing a contract for use citywide that allowed use of City property for certain uses (as approved by staff) but with the City retaining ownership. He asked if individual contracts would present too4hiuch work for the Public Works staff. Mr. Monahan pointed out that Option 2 discussed the possibility of a permit. Mr. Monahan commented that the two perspectives presented to the Council tonight were both true to the extent of painting the picture. He clarified that Mr. Wegner was not the sole person responsible for staff working this issue. He said that he had noticed the change in the encroachments since he returned to work for the City, and he had asked Mr. Wegner what they were doing about this situation. At that point, staff began to assess what the level of the problem was. Mr. Monahan spoke to establishing standards of appropriate versus inappropriate use of City land. He pointed out that what was appropriate in one area might not be appropriate in another area. He mentioned the issue of pesticides used in gardens which might be different than those used by the City. He agreed with developing contracts on a case-by-case basis with the Parks Department staff systematically contacting property owners to work out individual agreements. I-le noted that staff needed to know not only what was appropriate or inappropriate but what to do when an inappropriate use needed to be removed. Mr. Monahan said that staff included the issue of liability because there might be cases where the City should not assume the liability. He commented that if they had a reasonable plan where the City has granted permission and knew what was taking place on the City's land, then he was less concerned about the risk. He agreed with Councilor Hunt that a review committee could reject a request when it determined that there was liability for the City. He noted the need for a monitoring program. He mentioned that the City has master plans for parks and concept plans for greenways that should be used as the guiding principles. Mr. Monahan pointed out that Tigard has not created view corridors to preserve people's views, either on private or public land. He said that he did not think that they could guarantee doing so under these contracts. Councilor Rohlf stated that they did need to look at a situation where plantings on City property have destroyed the value of someone else's home. Mr. Monahan said that they would look at that situation from the point of view of what would the City have planted based upon the master plan. Mr. Wegner stated that he has never talked to Mr. Meyers about removing his rose bushes. • Mr. Monahan referred to a swingset that was placed on public property. He questioned why the public should pay for hauling away something that the public did not put there. He spoke to CITY COUNCIL MEETING MINUTES -NOVEMBER 17, 1998 - PAGE 11 whoever put it there or whoever owned it taking the responsibility to restore the land to the condition that the public expected it to be. Councilor Moore said that encroachments on public property should not obstruct the use of the park by the public nor obstruct the maintenance of the park by City staff. He mentioned that he has walked around looking at the encroachments, and found only a few that were inappropriate. He commented that if people volunteered to maintain part of a park, a park that belonged to everybody, he had no problem with that. However, he drew the line at allowing structures that obstructed the public's use of the park or staff s maintenance of the park, such as fences or raised wood garden boxes. Mr. Monahan suggested developing partnerships through an "adopt a portion of a greenway or park" program, similar to the "adopt a path or street" program. He mentioned a community garden where a group of people could work in an area. He stated that the key component was to identify the standards and to give the City some control over what happened so that they could insure that they were developed for everyone's use. Mr. Wegner mentioned Englewood Park as a key area in which to develop partnerships. He asked for Council direction. Councilor Hunt commented that the Council wanted staff to work out cooperative agreements with the property owners while retaining some City control over what they were doing. He suggested that staff return with a written proposal. Mr. Monahan said that staff would draft a contract with options, and develop a program to implement the contracts. He mentioned the need to first delineate property lines. He asked for direction regarding the elements suggested in the memo. Councilor Rohlf referred to liability issues. He suggested obtaining a waiver from the property owners to avoid lawsuits if someone was injured while working on City property. He disagreed with requiring a citizen to show a cost savings to the City and suggested showing that the request was cost neutral. He commented that the simpler the City could make the procedure, the more likely people would participate. The Council discussed guidelines. They agreed that the objective was not to increase maintenance and that there should be flexibility in the language to allow staff to determine what was appropriate or inappropriate in any given area. The Council eliminated the requirement that the encroachment be done for beautification reasons. They agreed with Mr. Monahan's proposed rewording that the encroachment not be done purely for personal benefit. They agreed that open access must be available to the public and City staff. Councilor Hunt suggested including a statement that the person who installed the improvements had the responsibility to remove them, not the City. Mr. Wegner pointed out that the present homeowner was not always the one who installed the improvement. He questioned making it a property owner's responsibility when the property owner might not have known the situation when he purchased the property. Mr. Monahan suggested leaving that to the discretion of the staff and the property owner. He commented that there might be instances where the agreement should be recorded at the County so it would show up on a title search. Mr. Monahan said some discretion may need to be employed with regard to the situation with the playground equipment. The City might decide to remove the equipment in this instance because it was a case where the present owner did not install the swingset. Mr. Hager offered to help remove the subject equipment. CITY COUNCIL MEETING MINUTES -NOVEMBER 17, 1998 - PAGE 12 5. REPORT: MCCALL OIL SITE - RAILROAD CROSSING This item was postponed at the request of the McCalls. 6. DISCUSSION OF PROPOSED ACTIONS TO RESOLVE PARKING-RELATED PROBLEMS ON SW 76T" AVENUE AND MILTON COURT Gus Duenas, City Engineer, reviewed the situation that existed a year ago on SW 76`' Avenue adjacent to Tiffany Court Apartments. He mentioned parking, littering, consumption of alcohol, and the general impression that criminal activity was occurring, encouraged by all the vehicles parked in the area. He said that, at the request of the Police Chief, staff implemented a one-year trial of prohibiting parking along SW 76"' Avenue. He noted that the managers of both nearby apartment complexes supported the parking prohibition. Mr. Duenas reported that, while the parking prohibition did clear up the problem on SW 76w, the problem shifted to Milton Court. He mentioned the use of Milton Court as a garage where individuals worked on vehicles in the street, and was used as a staging area by truckers who left their trailers there for several days before returning to pick them up. He said that the businesses have reported the area as an eyesore and a major problem for them. He mentioned the regular monitoring of the area by the police. Mr. Duenas said that staff wanted to make the parking prohibition on SW 760' Avenue permanent and to initiate a prohibition of nighttime parking on Milton Court. He said that the businesses in the area supported prohibiting parking from 8 p.m. to 6 a.m., as there was offstreet parking available for their customers. He mentioned that Chief Goodpaster was prepared to present a video and offer additional comments. Mr. Duenas asked for direction to return on December 8, 1998, with an ordinance to initiate the actions as described. He said that the 30-day delay period for the implementation of an ordinance would give staff sufficient time to notify and educate the people. He reiterated that this action had the full support of the businesses. The Council agreed by consensus to direct staff as requested. 7. PROPOSED MODIFICATION OF ENGINEERING DEPARTMENT FEES Brian Rager, Development Review Engineer, briefed the Council on the staff work to develop a fee structure to fully recover the costs of providing two services: public improvement permitting and addressing. He said that presently the flat fee charged for public improvement permitting did not cover 70% of the cost while they charged nothing at all for their addressing service. He noted his intention to talk with the development community about these fees prior to bringing his final report back to Council. Mr. Rager proposed adopting a fee structure, for consistency's sake, for use within the city limits similar to what the City adopted for use in the County urban service area. He mentioned that the County already had a fee for the addressing service. CITY COUNCIL MEETING MINUTES -NOVEMBER 17, 1998 - PAGE 13 a. 8. GOAL SETTING Mr. Monahan announced the goal setting session on Monday, December 14, 1998, at 12 p.m. at the Embassy Suites. He said that Larry Dennis of Turbo Management agreed to facilitate. He asked the Council to give him their proposed goals so he could pass them on to Mr. Dennis. Mr. Monahan reported that he asked the Executive Staff to review the Council goals continuing into the next year. He noted the staff definition of a goal as "a specific new direction Council wanted to take or a specific change in past direction or a specific position that the City wanted to advocate." He explained that goals from prior years remained in the department work programs as something to be worked on and did not have to be re-listed in the 1999 goals. Councilor Rohlf spoke to addressing the whole mix of goals, both new and old, at the workshop because of the risk of getting too many ongoing goals. Mr. Monahan acknowledged the point. 9. NON-AGENDA ITEMS: None 10. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 9:37 p.m.. under the provisions of ORS 192.660(1) (d), (e), (f), (g), and (h) to discuss labor relations, real property transactions, exempt public records, current & pending litigation issues. 11. ADJOURNMENT: 9:55 p.m. ca__e~_ Catherine Wheatley, City Recorder CITY COUNCIL MEETING MINUTES -NOVEMBER 17, 1998 - PAGE 14 COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684.0360 BEAVERTON, OREGON 97075 Legal Notice Advertising i City of Tigard ° ❑ Tearsheet Notice i 13125 S[I Ball Blvd. 6 ❑ Duplicate Affidavit Tigard,Oregon 97223 Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss- I, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTig.arcl-'T iialatin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at TJ ;?rd in the aforesaid county and state; that the ^ ! ^-'---t i a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for OUR successive and consecutive in the following issues: november 12 1998 Legal Notice TT 9 2 G G Subscribed and sworn to b ore me thisl2th day of November,1998 OFFICIAL SEAL ROBIN A. BURGESS Notary blic for Oregon NOTARY-PUBLIC-OREGON-- COMMISSION NO. 062071 My Commission Expires: p,1Y COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT The, following meeting highlights are published for your information. Full agendas may be obtained from the City Recorder, 13125 SW Hall Boulevard, Tigard, Oregon 97223, or by calling 639-4171. TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING November 17,199S 6:30 P.M. . TIGARD CITY HALL - TOWN:HALL 13125 SW HALL BOULEVARD, TIGARD, OREGON Reports and updates to Council on-the following topics: Guest Speaker: Metro Presiding Officer Jon Kvistad (Metro Recycling Program) * Railroad Crossing - McCall Oil Property* Park Encroachment Issues • Joint Budget Comirliilecl~VU:wii ivic0uu~ * Parking Restriction on SW 76th &E Milton Court * Proposed Modification of Engineering Department Fees, * Executive Session M266 -Publish November 12.; )99S AGENDA ITEM # Q. FOR AGENDA OF October-4 1998 Sel- over ¢ar discassivn CITY OF TIGARD, OREGON w; th BUJLV COUNCIL AGENDA ITEM SUMMARY iJ~ lqg ISSUE/AGENDA TITLE Social Services Application Process Discussion PREPARED BY: WAM DEPT HEAD OK ITY MGR OK '4-9--- Should the City Council revise the application used for social service agency funding requests? Should the city advise Interfaith Outreach Services of the City's potential need for the building at 9020 SW Burnham Street after July 1, 1999? Should the City conduct a survey of community social service needs not now addressed by local agency providers? Staff has prepared a memorandum raising several questions for council discussion. Staff recommends that the issues be discussed with staff and direction provided for the coming budget cycle. Council requested that the work session of October 20 provide time for discussion of the social service funding application process and specifically the Interfaith Outreach Services lease of 9020 SW Burnham Street. The property has been leased to IOS for $1 per year for the past three years. City needs have changed and will change further once Ballot Measure 34-87 is acted upon by the voters on November 3, 1998. The application package completed by social service agencies seeking funds from the city has been in place for several years. Some questions have been raised whether the application continues to serve the intended purpose. Council will discuss whether the application form and process used in past years requires review and possible modification. OTHER ALTERNATIVES CONSIDERED Take no action at this time. Use the existing social services funding application form. Once the voters decide on Ballot Measure 34-87, consider the City's options and potential need for the property at 9020 SW Burnham Street. VISION TASK FORCE COAL AND ACTION COMMITTEE STRATEGY NA RTRr A T MnTFC No fiscal impact is anticipated, the issues are presented for discussion only. i:\adm\bil l\socserv.doc Lk- MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council t FROM: William A. Monahan, City Manager DATE: October 13, 1998 SUBJECT: Social Service Application Process Discussion Two topics require discussion under this agenda item. First, the application process followed for agency funding requests as part of our budget process; and second, the status of the IOS lease of the City's Burnham Street property. Social Service Application Process Annually, the Finance Department sends a ten page application to all social service providers who either applied for City funding in the prior budget cycle, or which requested applications for the next funding cycle. The form, according to Wayne Lowry, was prepared several years ago by former Budget Committee member Phil Westover. The form is a required part of each agency's submittal. It calls for identification of the agency and its mission, characteristics of agency clients, source of agency funds, financial information, agency budget, list of the board of directors, etc. Past experience has shown that not all applicants fully complete the application. Council should discuss whether the application requires modification. Also, should the Finance Department return incomplete applications rather than accept them? A copy of the application is attached. Another issue is the concept introduced by City Administration during the last budget cycle. The Assistant to the City Manager is presently developing an outline of a survey and study of local social service agency programs and citizen needs. The Budget Committee was receptive to the proposal that the City become proactive in evaluating uvviui uer♦\. 11~rVUJ and Yrviivtii'ig u amivrC w..uJVU uj~srvu-&A of uiuia=...lb r'itj' f::.^.~S to target Tigard citizens social service needs. A draft outline is attached for discussion. Memo to Council October 13, 1998 Page Two Depending upon the speed at which we can carry out a local assessment, some modifications to our social service funding cycle could be proposed for the next budget cycle or for future years. Interfaith Outreach Services Council requested that the Work Session of October 20, 1998 include a discussion of the Rite Center. Issues had been raised that Interfaith Outreach Services has a lease with the City that expires on June 30, 1999. The new IOS Rite Center will open in the next several months; however, construction of agency offices at the Greenburg Road location has not begun. Representatives of IOS have indicated a continuing interest in using the City owned building at 9020 SW Burnham Street for offices, or warehousing for supplies and equipment. The facts as we know them are as follows: 1. The City owns the building at 9020 SW Burnham. It housed the Police Department until the Department moved into the Civic Center in 1986. 2. The building was occupied by the TCYS organization for several years until TCYS joined with the Tualatin Valley Mental Health organization and moved to Scoffins Street. 3. During the budget cycle of Spring, 1996, IOS requested that the City allow them to use the building at 9020 SW Burnham Street for agency offices. 4. The Budget Committee and Council agreed to lease the building to IOS for $1.00, plus IOS was granted a fee waiver for the Rite Center up to $10,000. The initial lease was from July 1, 1996 through June 30, 1997. The City also offered the site to IOS for operation of a severe weather shelter. 5. The original lease was a one year lease, to be renewed following annual request and review. 6. In 1997 and 1998, IOS again requested a lease for one year, along with a Tenn Pet fnr 0_erat;nn A.AS T~-`v . mquesis were approved. Funs were z--~ Y -"'-•-Y9 .-.A%& 110th also allocated to IOS for fiscal year 1997/98 totaling $6,500, while the funds approved for fiscal year 1998/99 totaled $8,688.00. 7. The present lease runs through June 30, 1999. Memo to Council October 13, 1998 Page Three The Rite Center is nearing completion; however, IOS has not taken steps to build offices to house the personnel now located at the Burnham Street facility. Attached are two letters which frame the issue. They are: My letter of December 22, 1997 to Kim Brown, noting that the City may have alternative uses for the property. In fact, other social service providers had expressed interest in the office space. A. response dated December 29, 1997 where Kim Brown notes that the Rite Center project is being completed in phases. Relocation of offices is scheduled for phase 4 either by use of a modular office or by constructing a separate building. Kim estimated that it would take a minimum of two years to reach phase 4. Kim and I met on January 16, 1998 to discuss IOS's plans. I asked Kim if other social service providers could share a space at the Burnham Street site. I believe that other agencies viewed the facility and determined that while IOS occupies most of the facility, co-occupancy is not feasible. A decision for the Council to make is whether IOS will be able to use the Burnham Street property beyond June 30, 1999. The present lease expires at that time. By June 30, 1999, IOS will have used the facility for approximately three years at a rent of $1.00 per year. IOS informed me last December that the construction of the Rite Center did not include offices; however, no commitment has been made by the City to IOS to allow use of the Burnham Street facility next June. The Budget Committee and Council did not deviate from its year-to-year funding decision when the lease was extended last Spring. Since the Budget Committee and Council approval of the IOS lease, a decision has been made by Council to pursue the facility bond which is on the November ballot. The bond calls for use of the Burnham Street property for a new Police facility. A construction schedule has not been established; thus it is not clear whether the facility must be vacated at the end of the present IOS lease. Once the November 3 election results are in, staff will make a recommendation to Council. If the bond is approved, the City may need the property returned to City possession as of July 1, 1999, because either (1) nrenaration for construction of the Pnline fanilitu will hPOin• nr ON the building will be needed to house City offices temporarily while the new Library is built. Temporary offices could be needed up to two years or more. If the measure fails, however, staff will be reviewing options for housing City employees in the Burnham Street facility until a measure can be approved by the voters in the future. Memo to Council October 13, 1998 Page Four I suggest that discussions be initiated with IOS in November to inform the organization of the City need for the facility. IOS can then seek alternative office space, knowing what the City's need for the Burnham Street location is. WAM\jh attachment I:\AD M\B I L L\10139& 1. D OC. RTF CITY OF TIGARD, OREGON 13125 S.W. Hall Blvd. Tigard, OR 97223 AGENCY FUNDING REQUEST APPLICATION AGENCY: ADDRESS: City State Zip PERSON PREPARING APPLICATION 1. PHONE NUMBER Describe the Agency's Mission: 2. What programs/services did your agency provide in Tigard. this year? 3. What types of services will be provided in the year in which funding is requested and how many Tigard residents are estimated to be served? CLIENT CHARACTERISTICS: (For last year) Please indicate: Estimate Actual (Unduplicated count) AGE Number/Percent 0-4 6-19 20-45 46-64 65+ Unknown Male Female Black ETHNICITY Number/Percent Hispanic Asian Am. Indian White (Anglo) Unknown TOTAL TOTAL TOTAL SEX Number/Percent 2 FUNDRAISING 1. Please identify geographic area covered in fund raising activities. 2. Were funds solicited last fiscal year? A. Who did solicitations? By Board Members By Employees By Professional Fund-Raiser B. How did you do solicitations? Approximate amount of revenue from each By Correspondence By Benefits, Auctions, Special Events By Campaigns By sales of goods or services Other Total Revenue from solicitations 3. Sources of funds collected during the last fiscal year: Corporations and Businesses Individuals Foundations a Service Clubs/Civic Organizations Government Grants J Other (specify) W TOTAL (shop kd ayiea with total of 2B above) $ $ $ 3 4. What fund-raising activities does the agency plan to conduct next year? MONTH EXPENSES THE FUNDS ACTIVITY CONDUCTED ARE TO BE USED FOR: A. [ ] CAPITAL OPERATING B [ j CAPITAL [ ] OPERATING C [ J CAPITAL [ ] OPERATING D [ ] CAPITAL [ ] OPERATING FINANCIAL INFORMATION 1. What fiscal year is used? 2. By whom, and how are expenditures authorized? 3 What is the amount requested from the City of Tigard for the next fiscal year?. 4. If funds are being solicited from other local governments in the State of Oregon, please list them and the requested amounts below. RECEIVED REQUESTED REQUESTED LOCAL GOVERNMENT LAST YEAR THIS YEAR NEXT YEAR 5. Have the financial records of the organization been audited? If so, please submit a copy of the latest audit report. 4 6. Were government or foundation grants received during the last fiscal year? If yes, list source and amount: A. $ B. $ C $ D. $ a. Were matching funds required? If yes, what percent of match was required? 8. Does the organization have contracts for services with other agencies? If yes, please list. AGENCY SERVICE PROVIDED AMOUNT 9. 10. Capital or endowment funds on hand $ What are plans, if any, for use of these funds? PROPERTY INFORMATION Describe location of property (buildings, offices, recreational facilities, etc.) used by the agency: LEASE RENT OWNED AMOUNT AMOUNT A. B. C. D. E. r r. G. ' 5 AGENCY BUDGET AGENCY Name of Program Date Submitted PROJECTED NEXT FISCAL REVENUE & EXPENSES LAST FISCAL THIS YEAR YEAR ACTUAL FISCAL YEAR PROPOSED 19 19 19 PUBLIC SUPPORT & REVENUE 0 CARRY OVER PREV. YEAR 1 ALLOC - UNITED WAY 2 CONTRIBUTIONS (PRIVATE) 3 SPECIAL EVENTS 4 LEGACIES & BEQUESTS 5 TOTAL GOVT FEES & GRANTS A. FEDERAL B. STATE C. REVENUE SHARING D. COUNTY 6 MEMBERSHIP DUES 7 PROGRAM SERVICE FEES 8 SALES OF MATERIALS 9 INVESTMENT INCOME 10 MISCELLANEOUS REVENUE 11 TOTAL SUPPORT & REVENUE (ADD 0 THRU 10) EXPENSES 12 SALARIES 13 EMPLOYEE BENEFITS 14 PAYROLL TAXES, ETC. 15 PROFESSIONAL FEES 16 SUPPLIES 17 TELEPHONE 18 POSTAGE & SHIPPING 19 OCCUPANCY-RENT, UTIL., ETC. 20 EQUIP. RENTAL & MAINT. 21 PRINTING & PUBLICATIONS 22 TRAVEL 23 CONFERENCES & MEETINGS 24 SPECIFIC ASSIST. TO INDIV. 25 MEMBERSHIP DUES 26 MISCELLANEOUS EXPENSES 27 DEPRECIATION 28 TOTAL EXPENSES (ADD 12 THRU 27) 6 AGENCY BUDGET - PAGE a 29 EXCESS (DEFICIT) OF REVENUE OVER EXPENSE (11 MINUS 28) 30 BOARD RESTRICTED FUNDS 31 OTHER RESTRICTED FUNDS 32 LAND, BLDGS, EQUIP. 33 INVESTMENT SECURITIES 34 ENDOWMENTS/OTHER FUNDS MEMBERSHIPNOLUNTEERS/PERSONNEL 1. Does the organization have a membership? A. If so, how many? B. Are there membership dues? How much? Total dues received last year? 2 Q VOLUNTEERS 1. How many, if any, volunteers are used in the program? 2. Describe how they are used: Does the organization have auxiliaries, guilds, or affiliated organizations whose activities contribute to its program and/or support? NAME OF PURPOSE OF AMOUNT OF ORGANIZATION ORGANIZATION SUPPORT 3. Please estimate the total number of volunteer manpower hours over the last twe!ve (12) months: 4. Is training available for volunteers?. When? Time Required 8 STAFF 1. Now many employees are involved in the program? Part Time , Full Time 2. Please estimate the total number of manpower hours of paid employees in the year for which funding is requested. BOARD OF DIRECTORS AGENCY NAME ADDRESS OFFICE HELD TERM EXPIRES ON BOARD MEETINGS ARE HELD: IS AL-er. G 1'VF-r rn4~}inn of Rcard momhArg? 111IG ~VII~i w, - uauuv~~ If yes, please describe hfinlsocserv.doc 10 SOCIAL SE9VICES FUNDING PROCESS October 20, 1998 Council d'scussion on application form and process. October 20, 1998 - November 19, 1998 Revise application forms and funding request packet materials. November 19,1998 (Distribute forms and packet at forum and review with attendees. November 29, 1998 Review packet with City Council. December 15, 1998 Mail application packets to interested agencies. February 1, 1999 Funding applications due. SOCIAL. SERVICES NEEDS ASSESSMENT October 15 - November 5, 1998 Identify area social service providers o Call Washington County social service contacts o Identify agencies currently known to serve Tigard citizens ® Call school district for contacts Contact state agencies which provide services or know of services providers in Tigard November 6,1998 Mail invitation to appropriate agency representatives for November 19 forum. November 19,1998 Forum to discuss social service needs in the Tigard community. How are providers identifying needs? How are services getting to those in need? Are there unmet needs in Tigard? How are these identified? Does Tigard have unique needs that are being mat or not? November 20,1998 - December 3,1998 Compile summary of forum comments. December 7,1998 - January 15,1999 Follow-up on issues raised at forum. Verify needs identified there. Interview providers and other agencies further. January 15, 1999 - February 5, 1999 Prepare report on findings for review. February 5,1999 Mail notice of second forum to appropriate parties. (those who attended on November 19, others who have been identified as providing services, and interested parties.) February 25,1999 Forum to review report identifying needs. February 26,1999 - March 26,1999 Prepare report to Council, identifying social service needs and recommending priorities and procedures to identify future priorities. A nril 70- 1999 r Council Study Session to discuss report recommendations on priorities and procedure. Invite Budget Committee members to attend and participate in the discussion. May, 1999 Present ordinance to city council to create a social services agency coordination council to establish partnerships, meet with the city council and budget committee to advise on funding and process, and assist in monitoring progress. \\TI G333%US R\DEPTSV4 D&M[Z1SOCSERV. DOC n, June 11, 1998 C OF 71GARD OREGON Kim Brown, Executive Director Interfaith Outreach Services 9020 SW Burnham Tigard, OR 97223 Re: 1998-99 Lease Agreement Dear Kim: As you are aware, the Tigard City Council has approved an extension of your lease for the coming year. Enclosed is the Lease Agreement prepared for the period from July 1, 1998 through June 30, 1999. The only change to the Agreement is the date. As in prior years, please let me know if you have any questions or concerns regarding the lease period. Also, Section 5 of the Lease notes that you as Lessee understand that the City property is exempt from property taxation until leased to a taxable entity. As in prior years, we should execute the Lease in the very near future so that you may file a copy with Washington County prior to June 30, 1998 in order to avoid loss of tax exempt status. As Section 5 states, if the tax exempt status is lost, you agree to pay all taxes and assessments during the tern of the Lease. I look forward to finalizing the Lease. Sincerely, William A. Monahan City Manager WAM\jh enclosure c: Loreen Mills L1admUWfflGI I9&I.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDB (503) 684-2772 LEASE THIS LEASE is made and entered into this day of June, 1998, by and between the City of Tigard, an Oregon municipal corporation, hereinafter called City, and Interfaith Outreach Services, Inc., a private, non-profit Oregon corporation, hereinafter called Lessee. WITNESSETH: In consideration of the covenants, agreements and stipulations herein contained on the part of Lessee to be paid, kept and faithfully performed, City does hereby lease to Lessee and Lessee hereby leases from the City the premises, including all improvements located thereon, as is, situated in the City of Tigard, County of Washington and State of Oregon, known and described as 9020 SW Burnham Street, Tigard, Oregon. The term of this Lease shall be for a period commencing the 1st day of July, 1998, and ending at midnight on the 30th day of June, 1999, at and for a rental of $1.00 for the whole of the said term payable in lawful money of the United States at the Tigard City Hall, 13125 SW Hall Boulevard, City of Tigard, State of Oregon 97223, at some time prior to June 30, 1998. In consideration of the above, each party hereto does hereby covenant and agree as follows: (1) LESSEE'S ACCEPTANCE OF LEASE. Lessee accepts said letting and agrees to pay to the order of City the rental stated above for the full term of this lease, in the manner aforesaid. (2) USE OF PREMISES. Lessee shall use said premises for the following use and no other: provision of social services to homeless individuals and families. Said use may include operation of a severe weather shelter, provided Lessee obtains proper land use and other approvals as may be required prior to initiating operation of said shelter. Lessee will not make any unlawful, improper or offensive use of the premises; nor suffer, strip or waste thereof. Lessee will not permit anything to be done upon or about said premises in any way tending to create a nuisance, be that at common law or by ordinance or by statute. Lessee will not allow the premises at any time to fall into such a state of disrepair or disorder so to increase the fire hazard thereon; nor install any power machinery on said premises except under the supervision and with written consent of City. Lessee shall not store gasoline or other highly combustible materials on said premises at any time nor use said premises in such a way Lease - Interfaith Outreach Services - PAGE 1 or for such purposes that the fire insurance rate is thereby increased or that would prevent City from taking advantage of reduced premium rates for long term fire insurance policies. Lessee shall comply, at Lessee's own expense, with all laws and regulations of any municipal, county, state, federal or other public authority respecting the use of said premises. Lessee shall regularly occupy and use the premises for the conduct of Lessee's business, and shall not abandon or vacate the premises for more than ten (10) days without written approval of City. (3) PREVENTION OF TRANSMISSION OF TUBERCULOSIS. m Lessee shall provide copies of Tuberculosis protocols to the City and keep practices and policies current with any new changes to the Federal Center for Disease Control's (CDC), "Guidelines for the Prevention of the Transmission of Tuberculosis," (October 28, 1994), as well as any Tuberculosis program or protocol, rules, regulations or the like as may be promulgated by federal, state or local health (including Occupational Health) authorities. Lessee must file copies of the Tuberculosis protocols with the City and comply with any and all requirements of this Section, prior to using the leased premises for use as a Severe Weather Shelter. (4) UTILITIES/MAINTENANCE. Lessee shall pay for all heat, light, water, sewerage and storm drainage fees, power, sanitary services, and other services or utilities used in the above premises during the term of this lease. Lessee shall be responsible for janitorial and regular maintenance of the building. However, City shall include mowing of the lawn area at the premises within the regular schedule of City's maintenance program for City properties. (5) TAXES Lessee agrees to pay all taxes and assessments which during the term of the Lease may become due, become a lien'or which may be levied by the state, county, city, or any other tax- levying body upon the premises. Furthermore, Lessee agrees to pay all taxes and assessments on any taxable interest obtained by Lessee through this Agreement or on any taxable possessory interest which Lessee may have in or to the premises by reason of its occupancy. Furthermore, Lessee agrees to pay all taxes on all taxable property, real or personal, owned by it in or about the premises. Upon making such payments, Lessee shall give the City a copy of the receipts and vouchers showing payment. Ixme - Interfaith Outreach Services - PAGE 2 Lessee understands that City property is exempt from property taxation until leased to a taxable entity. In the event that the term of the Lease extends beyond June 30 of any year, Lessee shall be responsible for payment of all property taxes for the entire tax year without proration, or, in the event of any change in property tax law, for any taxes due under such law. With respect to assessments for public improvements which are or may be payable in Bancroft installments, Lessee shall be required to pay only those installments which become due during the term of the Lease or this Amendment. (6) REPAIRS AND IMPROVEMENTS. City shall not be required to make any repairs, alterations, additions or improvements to or upon said premises during the term of this lease, except those hereinafter specifically provided for. Lessee hereby agrees to maintain and keep said premises (including all interior and exterior doors, heating, ventilating and cooling systems, interior wiring, plumbing and drain pipes to sewers or septic tank), in good order and repair during the entire term of this lease at Lessee's own cost and expense, and to replace all glass which may be broken or damaged during the term hereof and the windows and doors of said premises with glass of as good or better quality as those now in use. Lessee further agrees they will make no alteration, addition or improvements to or upon said premises without the prior written consent of the City. City agrees to maintain the exterior walls, roof, gutters, downspouts and foundations of the building and the sidewalks thereabouts. It is understood and agreed that City reserves to itself (and to at any and all times shall have) the right to alter, repair or improve said premises, or to add thereto and for that purpose at any time may erect scaffolding and all other necessary structures about and upon the premises, and City and City's representatives, contractors and their respective employees and agents for that purpose may enter in or about the said premises with such materials as may be necessary, and Lessee waives any claim to damages resulting therefrom. (7) CITY'S RIGHT OF ENTRY. It shall be lawful for City, its agents and representatives, at any reasonable time to enter into or upon the premises for the purpose of examining into the condition and use. (8) TERMINATION OF LEASE. If at any time during the term of this lease Lessee uses the premises for other than the intended purposes set out in paragraph (2) above, City may, through its City Manager upon ten (10) days written notice to Lessee, terminate the lease and require that Lessee vacate the premises. Lease - Interfaith Outreach Services - PAGE 3 Lessee shall have the right to appeal any adverse decision by the City Manager to the City Council by filing a written request with the City Recorder, describing with particularity the. decision of the City Manager from which Lessee appeals. ThP decision of the Council, as determined by a majority of the members voting, shall be final. (9) LIENS. Lessee will not permit any lien of any kind, type or description to be placed or imposed upon the building in which said leased premises are situated, or any part thereof, or the real estate on which it stands. (10) ICE. SNOW. DEBRIS. Lessee shall at all times keep the sidewalks in front of the premises free and clear of ice, snow, rubbish, debris and obstruction, and will not permit rubbish, debris, ice or snow to accumulate on the roof of the building so as to stop up or obstruct gutters or down spouts or cause damage to said roof, and will save harmless, indemnify, and protect the City against any and all injury whether to the City, its Council members, employees or agents, or to City's property or to any other third person or property caused by Lessee's fault in that regard. (11). OVERIAADING OF FLOORS. Lessee will not overload the floors of said premises in such a way as to cause any undue or serious stress or strain upon the building, and City shall have the right, at any time, to can upon any competent engineer or architect whom City may choose, to decide.whether or not the floors of said premises are being properly used. The decision of said engineer or architect shall be final and binding upon Lessee; and in the event that the engineer or architect decides that the stress or strain is such as to imperil said building in whole or in part, Lessee agrees to immediately relieve said stress or strain in a manner satisfactory to City. (12) NO USE OF HAZARDOUS SUBSTANCES: No handling, storage, generation, creation, disposal, transportation. or discharge of any Hazardous Substances shall be permitted on or about the premises by Lessee, its employees, agents, customers or contractors. This restriction does not apply to ordinary office and janitorial supplies available over the counter for common use by members of the general public. Nor shall this prohibition apply to substances fully contained inside of motor vehicles if they are used in accordance with all applicable legal requirements. As used in this section, "Hazardous Substances" Lease - Interfaith Outreach Services - PAGE 4 shall mean any substance, material or product defined or designated as hazardous, toxic, radioactive, dangerous or regulated wastes by any federal, state or local regulatory agency. (13) . ASBESTOS. Lessee understands that there are asbestos containing materials (ACMs) and potential asbestos containing materials (PACMs) in the lease premises. Lessee further acknowledges that it has been informed by the City, consistent with the terms of 29 CFR 1926. 1101, as to the location of those -ACMs and PACMs, to the extent the City is aware of their location. Lessee shall, as the entity having the authority to exercise control over the management of the premises, take such steps as are or may be required under 29 CFR 1926 to identify and communicate with its employees (and such others covered by the terms of that rule) the location of ACMs and PACMs identified by the City and as such others as Lessee may learn of during the lease period and take such further action as may be required to comply with the terms of all Federal and/or Oregon OSHA rules relating to asbestos. In addition to the indemnification provided for under the terms of Section 19, Lessee further agrees to fully indemnify, hold harmless and defend the City, its City Councilors, Manager and employees and agents from and against all losses, expenses, claims and actions (including all expenses incidental to the investigation, remediation, defense, etc.) of any kind or nature arising as a result of the-obligations imposed on it by this section. Either party, in lieu of performing any asbestos remediation it believes to be economically impracticable, may terminate this lease (and thereafter vacate the premises) by giving the other at lease ten (10) days written notice to the other.. Notwithstanding the above, in the event Lessee engages in any activity that requires the City to pay any monies associated with asbestos remediation or which requires the payment of any penalty, fine, fee, charge, damages, disbursements, or other costs (including attorney's fees) Lessee shall be primarily liable therefore, irrespective of whethei this lease is terminated. (14) SIGNS. Lessee may alter the existing free-standing sign structure upon receipt of a sign permit from the City of Tigard, but shall not, without written prior written consent of the City, use the outside walls of said premises, or allow signs or devices of any kind to be attached thereto or suspended therefrom. Lease - Interfaith Outreach Services - PAGE 5 (15) FIXTURES. All partitions, plumbing, electrical wiring, additions to or improvements upon said leased premises, whether installed by City or Lessee, shall be and become a part of the building as soon as installed and the property of City unless otherwise herein provided. (16) LIGHT AND AIR. This lease does not grant any rights of access to light and air over the property. (17) DAMAGE BY FIRE OR OTHER CASUALTY. . In the event of any damage to the property by fire or other casualty, either party hereto may terminate this lease as of the date of said fire or casualty. (18) INDEMNIFICATION Lessee agrees to fully indemnify, hold harmless and defend the City, its City Council, officers and employees from and against all losses, expenses, claims and actions (including all expenses incidental to the investigation and defense thereon of any kind or nature including, but not limited to, claims or actions based upon or arising out of damages or injuries to third persons or their property, proximately caused (or allegedly caused) through the fault of Lessee, its employees or agents in the use and/or occupancy of the premises. The City shall give Lessee prompt and reasonable notice of any such claims or actions known to the City, and Lessee shall have the obligation to investigate, compromise and defend same, provided such claim is not caused by the negligence of the City, its employees or agents. In the event that there is any bodily injury at, or property damage to, any portion of the premises caused by Lessee or any third party, Lessee shall immediately notify the City's Risk Manager and cooperate in the City's investigation of said incident. Lessee shall make all reports or documents concerning the incident, whether in their possession or the possession of their insurance carrier available to the City and cooperate with the City in investigating, compromising or litigating the claim against'those parties. Lease - Intert'aith Outreach Services - PAGE 6 For any property damage done to or caused by the fault of Lessee, Lessee shall be given the option of repairing the damage or having the City repair the damage at Lessee's expense. The City shall give written notification to Lessee of any damage requiring repair and give Lessee thirty (30) days to commence repair. If within that period, or such other period as may be mutually agreed upon, no effort has been made to effect repairs, then the repairs will be performed by the City and billed to Lessee. For damage done to or at the property or premises by. third parties for which Lessee is not responsible, the City shall bear the initial cost of investigating, compromising or litigating the claim, but may recover such costs if otherwise permitted by law or this Agreement. (19) INSURANCE REQUIREMENT._ Insurance requirements set forth below do not in any way limit the amount or scope of liability of Lessee under this Agreement. The amounts listed indicate only the minimum amounts of insurance coverage the City will accept to help insure full performance of all terms and conditions of this Agreement. All insurance required by Lessee under this Agreement shall meet the following minimum requirements: 19.1 Certificates: Notice of Cancellation. On or before the Effective Date, Lessee shall provide the City with certificates of insurance establishing the existence of all insurance policies required under this Section. Thereafter, the City must receive notice of the expiration or renewal of any policy at least thirty (30) days prior to the expiration or cancellation of any insurance policy. No insurance policy may be canceled, revised, terminated or allowed to lapse without at least thirty (30) days prior written notice being given to the City. Insurance must be maintained without any lapse in coverage during the. entire initial Term and any extension thereof. Insurance canceled without City consent shall be deemed an immediate Event of Default under this Agreement. The City shall also be given certified copies of Lessee's policies of insurance, upon request. 19.2 Additional Insured. The City shall be named as an additional insured in each required policy and, for purposes of damage to the Premises, as a loss payee. Such insurance shall not be invalidated by any act, neglect or breach of contract by Lessee. 19.3 Primary Coverage. The required policies shall provide that the coverage is primary, and will not seek any contribution from any insurance or carried by the City. 19.4 Company Ratings. All policies of insurance must be written by companies having an A.M. Best rating of "A" or better, or equivalent. The City may, upon thirty (30) days written notice to Lessee, require Lessee to change any carrier whose rating drops below an A rating. Lease - Interfaith Outreach Services - PAGE 7 19.5 lEtequiied Insurance. At all times during this Agreement, Lessee shall provide and maintain the following types of coverage: 19.5.1 General liability Insurance. Lessee shall maintain an occurrence form commercial general liability policy, personal injury liability, for the protection of Lessee and the City, insuring Lessee and the City against liability for damages because of personal injury, bodily injury, death, or damage to property (including the loss of use thereto and occurring on or in any way related to the premises or occasioned by reason of the operations of Lessee. Such coverage shall name the City as an additional insured. Coverage shall be in an amount of not less than ONE NHLLION DOLLARS ($1,000,000) combined single limit per occurrence for bodily injury and property damage for all coverage specified herein. 19.5.2 Fire Legal Liability Insurance. The City shall insure the building. space and all improvements affixed thereto, considered to be part of premises, being managed by Lessee. Lessee is responsible to insure all of its own personal property, which items shall not be covered by City insurance. Furthermore, Lessee must at all times carry Fire Legal Liability insurance coverage in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000). 19.5.3 Workers' Compensation Insurance, Lessee shall maintain in force Workers' Compensation insurance for all of its employees. In lieu of such insurance, Lessee may maintain a self-insurance program meeting the requirements of the State of Oregon. 19.6 Periodic Review. The City shall have the right to periodically review the types, limits and terms of insurance coverage. In the event the City determines that such types, limits, and/or terms should be changed, the City will give Lessee a minimum of thirty (30) days notice of such determination and Lessee shall modify its coverage to comply with the new insurance requirements of the City. Lessee shall also provide the City with proof of such compliance by giving the City an updated certificate of insurance within fifteen (15) days. 19.7 Subro ag tion. Except as limited by this subsection, the parties hereto waive any right of action that they might have against the other for loss or damage, to the extent that such loss or damage is covered by any insurance policy or policies and to the extent that proceeds (which proceeds are free and clear of any interest of third parties) are received by the parties claiming the loss or damage. This waiver of subrogation shall not extend to any applicable deductibles under such policy or policies. Lease- Interfaith Outreach Services - PAGE 8 (20) DEG UP PREMISES ON TERIVffi~TATION. At the expiration of said term or upon any sooner termination, Lessee will quit and deliver up said leased premises and all future erections or additions to or upon the same to City or those having City's estate in the premises, peaceably, quietly, and in as good order and condition, reasonable use and wear thereof, damage by fire, unavoidable casualty area the elements alone excepted, as the same are now in or hereafter may be put in by City. (21) BREACH OF LEASE TERMS. If Lessee fails to keep, perform or observe any of the terms and/or conditions imposed on it by this Lease for a period of ten (10) or more days after written notice of said failure by the City, or Lessee fails to surrender possession of the premises at the Lease's conclusion, then, and in either event the City may terminate the Lease at any time thereafter without further notice or demand on Lessee, enter the premises and lawfully repossess it, expel Lessee (as well as any others claiming through Lessee) and remove/store Lessee's effects (all at Lessee's expense) without prejudice to any other remedy, action or suit which the City may be entitled to for arrearage, damages to the property or its interests and/or breach of this lease. PROVIDED, ALWAYS, and these presents are upon these conditions, that (1) if Lessee shall fail or neglect to do, keep, perform or observe any of the covenants and agreements contained herein on Lessee's part to be done, kept, performed and observed and such default shall continue for ten (10) days or more after written notice of such failure or neglect shall be given to Lessee, or (2) if on the expiration of this lease Lessee fails to surrender possession of said leased premises, then and in either or any of said rases or events, City may terminate this lease and at time thereafter, without further demand or notice, may enter said premises and repossess the same, and expel said Lessee and those claiming by, through and under Lessee and remove Lessee's effects at Lessee's expense, and store the same, all without being deemed guilty of trespass and without prejudice to any remedy which otherwise might be used for arrears of rent or preceding breach of covenant. Neither the termination of this lease by forfeiture nor the taking or recovery of possession of the premises shall deprive City of any other action, right, or remedy against Lessee for possession or damages, nor shall any omission by City to enforce any forfeiture, right or remedy to which City may be entitled be deemed a waiver by City of the right to enforce the performance of all terms and conditions of this lease by Lessee. Lease - Interfaith Outreach Services - PAGE 9 (22) HOLDING OVER. In the event Lessee for any reason shall hold over after the expiration of this lease, such holding over shall not be deemed to operate as a renewal or extension of this lease, but shall only create a tenancy from month to month which may be terminated at will at any time by City. (23) NOTICES. Any notice required by the terms of this lease to be given by one party hereto to the other or desired so to be given, shall be sufficient if in writing contained in a sealed envelope, deposited in the U. S. Registered Mails with postage fully prepaid, and if intended for City herein then if addressed to said Lessor, in care of the City Manager, at Tigard City Hall, 13125 SW Hall, Tigard, Oregon 97223 and if intended for Lessee then if addressed to Lessee, in care of the Director, at 9020 SW Burnham Street, Tigard, Oregon 97223. Any such notice shall be deemed conclusively to have been delivered to the addressee thereof forty-eight (48) hours after the deposit thereof in said U. S. Registered Mails. (24) HEIRS AND ASSIGNS. All rights, remedies and liabilities herein given to or imposed upon either of the parties hereto shall extend to, inure to the benefit of and bind, as the circumstances may require, the heirs, executors, administrators, successors and, so far as this lease is assignable by the term hereof, to the assigns of such parties. (25) ASSIGNMENT. No part of this Agreement may be assigned, nor may a right of use to any portion of the premises or property be conferred on any third person by any other means, without the prior written consent of City. Any assignment or attempted assignment without the City's prior written consent shall be void. ` (26) CONDEMNATION. If the premises or any interest therein is taken as a result of the exercise of the right of . A^:.. .1.:.. A .r:-- ' - G111111VLLL \1V111..,.,"Ala "rLl .%.11L--lAL All(ill Lelllutatc QJ tv such roA trin as way UG L"VIA. Lease - Interfaith Outreach Services - PAGE 10 (27) NON-WAIVER. Waiver by either party, of strict performance of any provision of this Agreement shall not be a wavier of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. (28) ADHERENCE TO LAW. Lessee shall adhere to all applicable federal, state and local laws, rules, regulations and ordinances, including laws governing its relationship with its employees, including but not limited to, laws, rules, regulations .and policies concerning Workers' Compensation, minimum and prevailing wage requirements and occupational safety and health requirements. (29) TIME OF ESSENCE. It is mutually agreed that time is of the essence in the performance of all covenants and conditions to be kept and performed under the terms of this Agreement. (30) WARRANTIES/GUARANTEES. Except for those warranties specifically set forth herein, the City makes no warranty, guarantee or averment of any nature whatsoever concerning the physical condition of premises, and it is agreed that the City will not be responsible for any loss, damage or costs which may be incurred by Lessee by reason of any such physical condition. (31) HEADINGS. The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. Lease - Interfaith Outreach Services - PAGE 11 (32) CONSENT OF CITY. Whenever consent approval or direction by the City is required under the terms contained herein, all such consent, approval or direction shall be received in writing from the City Manager. (33) MODIFICATION. Any modification of this Agreement shall be mutually agreed upon and reduced to writing, and to the extent it does not affect a major business term of the Agreement, may be done for the City, by its City Manager. (34) GOOD FAITH. The terms and conditions set forth in this Agreement are for the benefit of both parties. The parties further agree and understand that time is of the essence. In the performance of the duties and obligations set forth herein, there is an obligation and duty of reasonable diligence and good faith imposed on the parties to fulfill the terms, conditions and covenants in this Agreement. (35) ATTORNEY FEES. In the event of a dispute between the parties as to the interpretation or applicability of any of the provisions of the . Agreement and the parties are unable to resolve the matters through mediation within thirty (30) days of notice of the dispute, and thereafter a suit or action is instituted in connection therewith, the prevailing party shall be entitled to recover in addition to costs and disbursements (including experts fees and all costs associated with discovery), such sum as the court may adjudge reasonable as attorney fees, or in the event of appeal, such fees as may be as allowed by the appellate court. Washington County District Court shall be the venue for an action or suit concerning the terms of this Agreement. (36) ENTIRE AGREEMENT. It is understood and agreed that this instrument contains the entire Agreement between the parties. It is further understood and agreed by Lessee that the City and its agents have made no representations or promises with respect to this Agreement or the making or entry into this Agreement, except as in this Agreement expressly set forth. Lease - Interfaith Outreach Services - PAGE 12 (37) WARRANT OF AUTHORITY. The individuals executing this Agreement warrant that they have full authority io execute this Agreement on behalf of the entity for whom they are acting herein. IN WITNESS WIIE REOF, the respective parties have executed this instrument in duplicate on this, the day and year fast hereinabove written, any corporation signature being by authority of its Board of Directors. City: CITY OF TIGARD i:\admljo\ios.doc Lessee: INTERFAITH OUTREACH SERVICES. INC. By: Kimberly D. Br Executive Director Lease - Interfaith Outreach Services - PAGE 13 r,. CITYOFTIGAR December 22, 1997 • _ : i Y•[ • :r^A J.j• 4 T ~1~ ••V Y `R~-Tyr(' ~'i - ~~'j• IG _1 ~ t ~ -''~~ORE ..:•x , - .r. lw.1'r :rur •~S~,?f .r. ..:t• ,an w•• ..coC-n+:'K#i ~,•s. :'-~c.+?++.~ln.+.at~iw-ro.~a; ~ --•.we-r.rr- c p--f N y~ 'r y„_ "`.rf•.p^r, •b 'M~. ''•r •.;•p+-•c3< .styr':.~..~i+,~t~ _ - .Sri.•'r=e +-e - -ti •.,r. _ Kim Brown, Executive Director _ - 2 `Interfaith Outreach Services x~ $a . ~r,.;ylPt•-~ ld n.rr' r3ira~ r *n • - '>s'T".„ r .~'✓Sd^'•2+h~>~' + v z°~' {y . :+5 .Tlgard;'OR 97281'~+c...: r i. ,y - ~(1• ~4d? i b 'Re Surnha Mh Avenue Property. ,~`~P~ e~p v 1. .4, 57 ~ .u. r,.c$c' T~• y.. y Tu,~,,~ -~~,..w ..r1'~.h'"'~'' ~f~ }~7'.3~ ~ .~y~y°,.'ft0~,~•Cl•- 4' r x _ ~ ~}~Ya s'' i h -rwi•+4 /.JGQI Kiln bi sw vi As •4~•.sisW'_P~ ~ .is.r.cui-i-«aley'rinl ~+y~~+r.•r' •T.• 'r. -•M '.wA.--2 - •4Ld•-•.- -_+..-c~.-a." + .'"y,.t 1..~_t ~ ~ ~ ~z ~ x Y~ r _ r _ , •7' < - vr• x r tr+2. •T. Twl- Ly. Congratulations on_'receiving-approval_of fin l_fiinding_to construe the... Rite_ ier: ; •l : r,~7 .s Now that the*fum4m is in place; I assume youxwill b brealdnground on the facility Y ry ' in the v ryJnear fdtiire Inoiderrtha the City may plan for use"of the proporty~now ; y utilized by`IOS foc offic s I would-appr ifrer"~eivuig from you an estimate" of whence ou expect to relocate y "your offices to the Rite.Center. . 4 3; We have f been :receiving =inclwnes from several interested agencies Mregarding the ~~a Y Kv' J _ M I potenttalsuse,ofzthe Crty;s property I.expect that ia the upconung"budget cycle, , several agencies :wi11 request some or all of the facihty.:' In orde%.:that the City "naay . - provide accurate -,response, I need antral estimate from you as well as regular - x` updates of any change `of yoiii schedule Please provide.nie with an estimate. as soon as possible ! F Y • t• ' ~ - - _ . • _ air - _.e • - Sincerely, - :c^ W iam A. Monahan - City Manager RIAM\jh µ 'Oz N, ~ ~'+tw: r !t + la ,c _ ~ ~T.1.~ M t~ ~ ~ £A... wt`.a ~a~ ~4~ ' i.i K ' i Y~ a wv' "t'.d "K.i.n'u6 ~!~'Fw~~ ~tfy; ~ , t -2•... .•el ~B -rM' ~ Y1!!1~1r'tt°~4't~r!•w irr,.~•.w...,~.. ts^•! .4~(rrt'b fem. _ a. ` ~...1~+,~.. N w .biW ~ •I'R ~ i t ~1 s +V at'w.i~•%:33c iY~ M -4~w+Yb+ ~~L - _ .}{•rFw~,M rww- t1 ..•Y~"'„~u`w'w•.w✓.ww~,».dw.•^~1`~'rr:w.w•++•+~.iw X`. 13125 S1N 0-icil B( Nd ; T(gafd+'OR 97223 't503)13971 `TDD'(503) 684-2772'- `L .r: _..r.•. ......,r~.•.«.: C":L..f•-„^~Y: '-ns~ : .,.w w :.a^•''+'ra°v„` 72-.+w." , '.n '~.r°-•y 1rK A k- IS.'M1 .¢r•yt.• s+ atG'J,,,T.51u 9"• r.•. + ,i"•Y 1 s x'.~t? w. •-...:s. s ~~~I a ,>f 1 r!._~?' rre- `L r h•S, L• .y~ ..a. 5 ..t„rt. .q` M~ , JvW- -CY ~ rt} wt ti,4• .1I~4 t3• __`"7~ 'y1.;~. pr"Na EJ F 92 Ise Bill Monahan City Manager City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 December 29, 1997 Dear Bill, ; f-~ tom- DE C 3 U 1997 I am writing in response to your letter regarding the City's property on Burnham St. currently used by Interfaith Outreach Services. IOS is extremely appreciative of the City's in-kind donation to us. The building has proved to be a convenient location for our clients and has allowed us to improve and increase services. Your generous donation has enabled IOS to provide these services to the homeless in our community which would otherwise be spent on occupancy expenses. Our partnership with the City is very important to us and to those in our community. We are very thankful for your commitment to homeless persons! The community's priority for the RITE Center is to increase available bed space and provide self-sufficiency program services that end the cycle of homelessness. Funding for this project has been and continues to be a challenge. As you may know, we have been forced to phase the project due to budget constraints. The first phase of the project includes 24 beds and most of the program space. The second phase adds three bedrooms for a total of 36 beds, additional living space and adds to the Child Development Center. The third phase adds a community clothes closet and meeting room. The fourth phase re-locates the offices from the Burnham site to the RITE Center site either by use of a modular or by constructing a separate building. The low bid for phase one was $226,000 over budget. The Meyer Memorial Trust grant enabled us to make up the difference between the project budget and the low bid so we can begin construction of the first phase. Two offices are included within the RITE Center building and will be constructed as a part of phase one. The offices are for the Child Development Director who will be on-site throughout the day and the Night Manager who will be on-site throughout the night. Neither of these staff persons has an office at our current facility on Burnham. At this point it is difficult to estimate when IOS will be able to re-locate our offices onto the RITE Center site. The timeline is dependent upon the ability to raise additional funds to do so. We anticipate that it will take a minimum of two years to reach phase four, re-location of the offices. the hopelessness of poverty to the power of independence." I would like to meet with you to continue discussion of this matter and explore possible options regarding the office needs of other social service agencies to see if shared office space within the Burnham property is at all feasible. Please contact me at 598-0359. Thank you for your time and consideration. We truly appreciate all that you do in support of IOS. Sincerely, Kim Brown Executive Director AGENDA ITEM* FOR AGENDA OF November 17, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Rec in Update With METRO Council President Jon Kvistad PREPARED BY: Loreen Mill DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE COUNCIL Council has requested an update discussion with Jon Kvistad regarding market development in the State. A general overview of recycling market development activities will be presented. STAFF RECOMMENDATION Informational meeting item. No formal staff recommendation is necessary. INFORMATION SUMMARY Market development is good for our statewide recycling goals, encourages employment and investment in the State, and conserves resources. For these reasons, City Council has expressed concern that market development has not been progressing as hoped; and more specifically the plastics market. Council identified a task for staff to "investigate options for a non-profit group to enhance plastics recycling opportunities" last year. This was a result of the Plastics Recycling Day being canceled by Thriftway Stores and the Girl Scouts because they didn't have a market to take the plastics collected. Council has determined that non-profit groups are not able to provide enhanced plastics recycling opportunities for the community because there continues to not be adequate markets for plastics as well as many other materials. A year ago, Council joined other communities in writing to the Governor and Metro requesting more attention be given to developing recycling markets for materials, including plastic. This letter solicited their support of market development for recycled materials in Oregon. In that letter, the following ideas were suggested as ways to accomplish market development: "Allocate funding as in past DEQ & Metro budgets. Seed money can provide necessary staffing and small business start-up grants. Maintain rules which require minimum recyclable content standards for some products. This encourages those industries to be better stewards to their products (e.g., more recyclability, less packaging, etc.) and to support R&D for new processing and manufacturing technology necessary to develop recycling infrastructure (such as the APC's investment in a plastic sorting machine which enabled plastic bottle recycling to occur). 0 Review the structure and function of the Oregon Recycling Markets Development Council (ORMDC). Reform and empowerment of the Council may enable it to be more successful. Encourage it to work with regional efforts, such as the Pacific Northwest Economic Region (PNWER) Agency. The 1997 Legislature passed SB 3456 which sets up an interim task force to look at commercial recycling. It has been suggested that it could also look at market development. Other ideas include: combining goals with the Oregon Economic Development Department (OEDD) and employment development agera0cS, tax credits, fee waivers for new market businesses, enterprise zones, eliminating subsidies for virgin materials, and supplying low interest loans or grants for start ups." Information Tigard currently has about market development: In the Tri-County Area: • There is concern in the tri-county area about the lack of market development in Oregon; * There has been two recycling market pilot projects through Metro: waste paper & food waste; and * Metro, Association of Oregon Recyclers (AOR), Oregon Refuse & Recycling Association (ORRA) and City of Portland have jointly hired a consultant to recommend the best option for an independent market development program in Oregon. At the State level: ORMDC is basically defunct. The issues of market development have been referred to a joint interim task force by the Governor. The task force is to present their recommendations to the full legislature, however, market development does not appear to be a part of their work at this time. They are planning on introducing legislation for: * Farmers to get tax credits for field gleaning; and * Changing zoning & siting of Exclusive Farming Use (EFU). OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None FISCAL NOTES None InA ldocs/sldwaste! 11-17sum.doc AGENDA ITEM # FOR AGENDA OF November 17. 1998 ISSUE/AGENDA TITLE CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY PREPARED BY: William A. Monahan 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 property such as greenways, park wetlands, etc. STAFF RECOMMENDATION Review with Council and citizens all the options for and against establishing a consistent policy for handling existing and potential encroachment of private property owner use onto City property. Staff recommends that the policy be established and agreed to for application throughout the community. INFORMATION SUMMARY As was discussed on October 20, 1998, over the years private citizens have been allowed to encroach in some situations upon City-owned land. This action has had both positive and negative effects, depending upon the activity undertaken by the private property owner. Some of these encroachments have aesthetic value, while others have been for convenience (either for property owner or the City or both), while others can be detrimental to the City. As presented within the Agenda Summary for October 20, 1998, staff has prepared an outline of possible options and procedures to follow.. This item was delayed until November 17, 1998 in order to allow Jack Myers of 9950 SW Riverwood Lane to attend. Mr. Myers has prepared a package of materials which lie suggested be distributed to Council. Among the materials are letters which he wrote to his neighbors regarding the grass cutting within the Picks Landing greenway. Mr. Myers has also suggested the "Tigard Public Lands Beautification Act." Mr. Myers advocates allowing private property owners to enhance public property in conjunction with the City. Staff recommends that the City Council discuss the issue with staff, Mr. Myers, and other citizens and provide direction on a course of action. OTHER ALTERNATIVES CONSIDERED At this point the issue is before the Council in a Workshop setting for discussion. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A 1ACITYWIDE1SUM\ENCROACKDOC March 21, 1998 Hello Neighbors again: It is again time to get involved with keeping the greenway cut as we did in years past. The co-operation for all of you has been terrific. Let us maintain our good record of participation. Fortunately Steve, the man who does the cutting, was able to do the initial cutting before it got too high and was able to use the conventional equipment. It looks real nice and should continue to do so for the rest of the year. If you would please, make out a check for twenty-five dollars payable to the City of Tigard and bring it to me. I will collect all the checks and deliver them to John Roy at the city maintenance department as I did last year. If you have any questions or suggestions please let me know. Address Owner Ph # Am't Pd Address owner Ph ~ AmIt Pd 9980 Steve - Delores Petruzell 620 3447 Jack - Barbara Barbara v9950 Myers 620 4414 9780 Smith 684 4041 Jim - Judy Aileen 9920 Garbarino 620 7215 9770 gard 624 2070 Rob - Linda _ _tom - Debra Feammelli 9890 Fenstermaker 639 4814 9760 Long 620 7065 Stan - Evelyn Bob - Gayle 9860 Torrence 684 2056 9750 Allen 620 2023 Fritz - Mary Lynn 9830 Kramer 624 1439 9740 Kovacs 968 1552 John - Suzan Scott - Karen 9800 Butruille 624 1325 9690 Harcer 624 7788 Philip - Helen Ken 9790 Mason 598 9357 9680 Newlin 639 742 Please put your name, phone # and amount paid after your address, attach your check to this form and place in the envelop at my front door. Thank you very much. It would be very good if all the checks could be collected by this weekend. I will take them to the city office on Monday AM so they can get started on the mowing. Sincerely, Jack Myers April 3, 1997 Hello Neighbors It's grass cutting time again, Hopefully we can get a head start on it this year and cut it before it gets too high. 'I have spoken to the president of the city council and explained what has happened in the past. I explained that we in the neighborhood paid for cutting for two years and that the city paid for it last year. I also said that the equipment used last year was not up to the task and ended up costing the city more than it should. My idea for this year, which I explained to him, is to have all of the neighbors on Riverwood make out a check to the City of Tigard for $25.00 earmarked for cutting 'the greenway. All this money would be given to the city as early as possible so they can direct the regular mowing crew to cut all the grass before it gets too high. If it is cut now, and then again in four to six weeks, we should be able to stay on top of the problem of tall grass as well as having it look better all the.time. I believe the grass is still short enough for the regular mowers to do the job. Another week or two will be too late. In. times past we had one hundred percent participation. Hopefully-this will continue. ~VJ X -1) NEIGHBORHOOD ALERT June 23, 1998 Dear Neighbor: A recent conversation with an official from the city of Tigard revealed that the city is in the process of changing an established tradition in the use of greenway property belonging to the city. As a result of learning this, a few days ago we made a trip to Summerlake, another greenway area in Tigard, to review the situation there regarding the complaint of this same official. This is what we found: Over a dozen years ago, when Summer Lake was developed, a narrow strip of city land was created between the land bordering the pathway around Summer Lake and some building sites next to it. This piece of land varied in width from a few feet to an estimated twenty feet. The property owners adjacent to this strip were advised that they could "improve this portion' of greenway space as an extension of their landscape so long as no permanent structures were included. 01 This is what many of them did. This has greatly enhanced the aesthetics of.the area. Those people who have chosen not to do so, but left this space to be maintained by the city, have been complaining about the poor service provided by the city concerning this same area. It was stated by this city official that all these improvement would have to be removed. This same person is a relative newcomer to the city management team. So we can see the root of this potential problem to all of us who live adjacent to greenway property. There is a problem however in that some people are using the greenway for purposes that are not consistent with the best public interests. This should be addressed among ourselves. Another concern that we who live on Riverwood should consider is the use of this property in the future when the balloon festival or other city sponsored events are held. During this past event large flood lighting equipment was placed there for questionable reasons. It was stated that "this is city property and we will do what we want." Apparently there is no regard for the public such as we who live next to this area. It may be that the city could decide to expand the carnival activities into this area which could include beer gardens etc. Do we want this to happen? If you are interested in joining us in addressing this situation please attend a strategy meeting to be held on to be announced at Let us know in advance of your coming so we may be better prepared for the numbers. (Jack) 620 4414; (Tom) 620 7065 Sincerely, Jack Myers and Tom Long Dill ISSUE/AGENDA TITLE AGENDA ITEM # 5 FOR AGENDA OF October 20. 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY PREPARED BY: Ed Wegner 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, park wetlatids, etc. STAFF RECOMMENDATION Review with Council and citizens all the options for and against in establishing a consistent policy for all to agree to abide by throughout the City. INFORMATION SUMMARY s the years private citizens-have been allowed to encroach upo Ci own an This action has both p itive and negative effects - dependent upon different property owneis. Some of these encroachments have aesthetic value, others for conveniences and others can be detrimental to the City. Attached is an outline of possible options and procedures to follow. OTHER ALTERNATIVES CONSIDERED This is a discussion to listen to all alternatives and develop a consistent policy for disallowing or allowing encroachment onto public property. VISION TASK FORCE GOAL AND ACTION CO1VRv=EE STRATEGY N/A FISCAL NOTES N/A AMC-10-20 Department of Public Works' Suggestions: TIGA.R D ENCROACHMENT ISSUE { OPTION #1 City Pol&7. should be to allow rss encroachment at all onto City-owned parkland, greenway or otherproperty. Action Steps: A) . Plan to return all areas to original state and initiate marking plan. All current residents encroaching on city-owned property must remove all materials, structures, plants and any other objects placed on City property within the following timelines. City of Tigard staff will then initiate a marking plan by installing fencing, shrubs or other materials to mark boundary lines between City and private properties if not already in place. `.:r a a playgrounds 1 week ® fencing . 30 days -pools/ponds 6 months v shrubs 6 months e landscaping 6 months e irrigation 1 year s dirt/fill/soil 1 year Y unknowns 1 year from notice (Unless fill is in wetlands. If in wet- lands, prompter action with appropri- ate permits is required.) Encroachment is not allowed according to Tigards Municipal Code 7.24 and 7.52. Tigard Municipal Codes would need to be changed if the City of Tigard were to allow these violations to continue. Provisions of TMC 7.24 deal with "Criminal Trespass." Section 7.24.120, (3) (B) (4) states that Criminal Trespass occurs when someone enters or remains unlawfully by failing to leave premises open to the public after being lawfully directed to do so by the person in charge. "Oper to the public". means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required. TMC 7.52.120 relates to vandalism in parks and states that it is unlawful for any person to remove, destroy, break, injure, mutilate, or deface in any way any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, tree, shrub, fern, plant, flower or other property in any park. C OPTION #2) It u permissible, under certairt conditions, to encroach upon City-owned land Permits (or-licenses) must be applied for and obtained before any encroachment is allowed Public Works suggests that all approved encroachment adhere at least to the following conditions: • Liability insurance must be purchased prior to acceptance by the City and maintained throughout the period of the encroachment. Copies of liability insurance shall be submitted and kept up to date. Copies must be submitted to the City's Risk Manager. • Open access must be available to public and City staff. • Must prove that there is a public benefit not a personal one • Must be for beautification reasons • Must show where there is a cost savings to the City • . Must follow a detailed plan approved by City staff • Cannot increase City liability or maintenance A) • . Maintenance Ontyl (To relieve public of obligation) in order to gain permission, a property owner Must a.oply for pemr ssion from the Parks Supervisor to maintain area in it's current state without improvement to said area.(ie.mowing) • Must submit plan with the City and get approval regarding type of maintenance and frequency of maintenance. ,B) Developmenelf allowed If a property owner desires to develop on City property, she or he a Must apply for permission from the Parks Supervisor to improve and/or develop area. m Must work out and sign an agreement and submit a plan for review . with the City ]Engineering, Planning, and Parks departments. ® Parks Supervisor will set limitation of use for each submittal. • Must fit with park plan and development of that-plan. Must fit within park master plan e Parks Supervisor will determine types of plantings' allowed and will determine whether they are permanent or temporary. m Parks Supervisor will set level of investment allowed for each area. ® Parks Supervisor will set time limitations on area in question. The program may work like ADOPT-A-PATH/PARK programs where one year commitments are made and reviewed at the end of the period to see if maintenance will be continued. ® Homeowners insurance coverage must be purchased and verified prior to development. 0 All liability issues fall upon users and or residents maintaining area. • The public needs clear and free access to area as with other park property O Development must be for public not personal benefit. This will be AOL determined by the Parks Supervisor. This means that there is no negative impact to the land and creates no further run off. It must follow a plan, bear,`-* fy and show a cost swings to the City. Also it must not attr^cl, unwanted animals and insects (i.e., mosquitoes). It must also bier. ' with the rest of the public use area. • Area in question muss be returned to original state when time period has expired. (Unless the City chooses to retain the improvement and have someone else maintain the project.) C) Betroa wve flan If the City chooses to allow encroachments that already exist, the City can allow application as follows: • Same criteria and terms apply as stated under B)DEVELOPMENT • 30 days to apply for permission to maintain areas in question • 30 days to obtain liability insurance on maintained area • 6 months to comply. with City criteria regarding removal of fences Irrigation pooWponds and or permanent structures as well as to modify if necessary. • Terms are terminated if resident moves or is no longer maintaining area to City standards. Upon termination, the "improvement" will be removed by the resident within a time period established by. the City Public Works Department. ]Encroachment not allowed under any circumstances • PLAYGROUNDS • IRRIGATION SYSTEM EXTENSION • POOLS/PONDS • DRAINAGE IN AND/OR ACROSS CITY LAND • FENCING 1ACrn WIDE%ENCROACN.DOC D Dear Friends of the Greenway: 19 Thank you for taking the time to read this. I trust that you will o respond appropriately. A problem has developed for some families whose property borders on the greenway. The facts are these. Several of us, in different parts of the city, not only along the Tualatin River, have taken it upon ourselves to improve small portions of this public property for reasons that it was not being maintained by the city in any way that was commensurate with its potential. To the contrary, many such places in times past were, or would have been virtually abandoned by the city as far as maintenance was concerned for reasons known only to those who manage public works. To correct this problem of neglect on the part of the public works department, those who border on the greenway behind Picks Landing and Copper Creek, have taken the responsibility, and gone to the expense of having the grass mowed for many years. Originally this was done to eradicate a fire hazard created by the tall dry grass that developed by mid summer. It is obvious that the public works department, at that time and prior, was not concerned about any liability. Now, it is made apparent that they are concerned about their liability because some of us has taken the effort to beautify these small and insignificant pieces of public property. How ludicrous. The small portion of land behind our home was nothing but a weed patch until my wife and I decided to improve this area with a rose garden. The results have been obvious for nearly fifteen years. There are a few cases where home owners are abusing the public property adjacent to their land and are doing some things that are illegal. These situations need to be addressed and corrected. This whole problem developed during the Balloon Festival. A bureaucrat from the city took it upon himself to make an issue of what some of us have done on the greenway. Several offhand comments were made by that individual that caused alarm. I have followed up of this issue and addressed the city council several months ago. They are now planning to establish a program by which public lands can be improved on and by individual efforts. This is not the problem. The problem lies in the procedures put forth by a member_ of the public works department that is an insult to our intellegence and reeks of bureaucracy. Enclosed is a copy. A meeting will be held in my home on November 10th; 7:30 PM, to formulate a united front to address this issue which will be addressed by the city council November 17th. Your presence and your input is requested and will be appreciated. Pass the word around. 0 Sincerely, Jack Myers, 9950 S.W. Riverwood, 620 4414 TIGARD PUBLIC LANDS BEAUTIFICATION ACT The purpose of this act is to promote cooperation between the citizens of the City of Tigard and the government of this City which will lead to the enhancement and aesthetic value of public lands. The specific benefits this act will provide are: 1. Areas that may otherwise be neglected can be maintained and/or ° improved at no cost to.the tax payer. 2. Areas of blight can be eliminated. 3. The overall appearance of the City can be upgraded. 4. It will create a spirit of cooperation between those who govern and those who are governed. 5. It will stimulate community involvement. And the list of positive results could go on. What are the drawbacks to this program? Unless one operates from a position of fear and distrust, there are none. How can this act be implemented? First it must be publicized that this program of joint involvement for the beautification of the City exists. It must be promoted. It must always be born in mind that those who are extending their efforts and personal expenses are doing so in the interest of the community. Yes, these same individuals reap the benefit of knowing that they are doing something of value. It is more blessed to give than to receive. our culture has disintegrated to the point where government has encouraged its citizens to look for what benefits the government can. provide. These benefits can only be provided by spending money that has first been taken away from those same people. For this program to work it cannot be encumbered with bureaucratic details. Those who wish to become involved can identify an area, size subject to question, submit their ideas to a single designated person appointed by the City for approval. From there it is up to the person to perform. In the spirit of cooperation it may be necessary for the City to help prepare certain areas by removing debris or tilling the ground etc. The City has such equipment to use whereas the ordinary citizen does not. This Act could also be known as the "NAME SAKE GARDEN" program., Those people who are contributing to the success of this program could have a plaque installed with their name of it. In order to work, this program can not be encumbered with numer- ous levels of review and approvals. Bureaucracy must be illimi- nated. Finally, it must be recognized that the best way to make this program be a success and be everything potentially possible, the K I S S principle must be supplied: Keep It Simple To keep it simple this whole program could be administered by a small group of private citizens who volunteer their efforts. Final approval subject to the City Council. Those in government who will approve this program must always keep in mind that those individuals who are offering their time and resources are not encroaching on government land. First of all the government does -not really own that land, they are appointed to be custodians over what the public owns. This may be the largest obstacle to the implementation of this public lands improvement program. Regarding those areas that have already been developed by numerous individuals, they should be left as they are unless there is a clear and purposeful violation of public lands. In those cases all changes incumbering public lands must be reversed Aft and the land restored, if possible, to its "original" condition. Finally, every effort must be made to prevent public lands from being used as a depositiory for waste of any kind, yard debris being the most common. Failure on the part of city officials to police this practice is derelection of duty. Those who fail, for what ever reason, to perform this duty need*to be replaced. Respectfully submi fted, ;Tack Myers rra': AGENDA ITEM # 5 FOR AGENDA OF Nov. 17, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE _ McC all Railroad Crossing 2P . PREPARED BY: Brian Rager DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Council authorize Staff to withdraw the current railroad crossing application with ODOT and enter into an agreement with McCall Oil for the preparation of a new application? This action is proposed with the understanding that McCall Oil will agree to permanently close their existing driveway access onto SW Tiedeman Avenue by April 1, 2003. STAFF RECOMMENDATION That Council authorize Staff to withdraw the current application and work with McCall Oil to prepare an agreement that will ensure that City costs associated with preparing a new crossing application will be reimbursed by McCall Oil. Staff also recommends that the agreement include a provision to ensure that the existing driveway on SW Tiedeman Avenue would be permanently closed by April 1, 2003. INFORMATION SUMMARY Staff has met with McCall Oil and ODOT with regard to the current crossing application. McCall has also met with the Portland and Western Railroad Company, who has indicated that they would look favorably upon a public railroad crossing for this site. ODOT has also indicated that they would likely support the new crossing application, provided the location meets their criteria. Attached is a letter, dated July 2, 1998, from McCall Oil requesting that the City withdraw the current crossing application (Exhibit A). Staff and McCall discussed the current application and the City's desire to see the existing access onto Tiedeman Avenue closed because of the hazardous location between the two railroad tracks. McCall agrees that the driveway should be closed and is agreeable to make the permanent improvements necessary to close it. However, there are two issues that would need to be resolved prior to the closure: i) the new crossing adjacent to SW Tigard Street would need to be constructed, and 2) the lease for the current tenant on the northerly parcel would need to expire. The tenant currently relies upon the Tiedeman Avenue access and the existing site layout is oriented toward that access. The second issue is somewhat challenging because the lease does not expire until April, 2002. Once the lease expires, McCall would like to redevelop that parcel and the existing building so that they are oriented toward the new access location at SW Tigard Street over the new crossing. While the redevelopment work is in process, McCall would like to use the Tiedeman Avenue access for construction traffic to avoid conflicts with other vehicular traffic that will be using the new crossing and site driveway onto SW Tigard Street. McCall estimates that they would complete redevelopment of the northerly parcel by April, 2003, and recommends that the City set that date as the deadline for closure of the Tiedeman Avenue access. Staff is in agreement with this proposal as it will give the City assurance of the access closure. Staff believes it is in the City's interest to assist McCall in applying for the new crossing application as it will provide a public railroad crossing for new development, the City's costs in preparing the application will be reimbursed and the existing access to the McCall site on Tiedeman Avenue will be closed permanently. OTHER ALTERNATIVES CONSIDERED Staff considered requiring McCall to close the existing driveway on Tiedeman Avenue upon completion of the new railroad crossing out to SW Tigard Street. Staff chose not to recommend this option because we believe the City should try to work with McCall in light of the fact that the existing lease on the northerly parcel is still active and closure of that access would negatively impact the current tenant. The existing site and building is oriented toward Tiedeman Avenue. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES McCall has agreed to reimburse the City's costs involved in the preparation of the new railroad crossing application. heng1brianrVnccall1 sum EXHIBIT A McCALL OIL AND CHEMICAL CORPORATION 808 SOUTHWEST FIFTEENTH AVENUE PORTLAND, OREGON 97205 July 2, 1998 Brian D. Rager, P.E. Development Review Engineer City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Brian: Our meeting yesterday was very productive, and I look forward to proceeding with the plans we discussed. These plans are as follows: • We ask the City of Tigard to withdraw the current rail crossing application filed on behalf of McCall Oil. • We subsequently submit a new application, which the City would fully support, based on the following changes: 1. Move the proposed crossing farther North on the street to ultimately accommodate the entire parcel. 2. Pay any City costs associated with the application. 3. Establish a future date to close the existing driveway to Allied Building Products at the Tiedeman crossing. I believe this sequence of events correctly outlines those we discussed. Provided the Tigard City Counsel approves of this action plan, we can begin to move forward. However, if you believe any of this is incorrect, please telephone me at once. Thank you for your time. I will call you next week. Regards, Ned McCall cc: Bob McCall, McCall Oil & Chemical Bob Melbo, P&W Railroad David Lanning, ODOT D E(n)gOW ,r) .f ,1u1. 1998 CITY OF TIGARD (509) 228-2600 - FAX: (503) 221.5752 4+ AGENDA ITEM # FOR AGENDA OF November 17, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Proposed Actions to Resolve Parking-Related Problems on SW 76th Avenue and Milton Court PREPARED BY: A.P. uenas DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Briefing to CiV Council on proposed actions to resolve parking-related problems on SW 76th Avenue and Milton Court adjacent to Bonita Road. STAFF RECOMMENDATION Staff requests discussion and input from City Council on the proposed parking changes for the two streets. If Council agrees with the proposed actions, staff would prepare an ordinance to authorize the changes for Council action in December 1998. INFORMATION SUMMARY SW 76`h Avenue immediately south of Bonita Road and adjacent to the Tiffany Court Apartments has long been a problem area (see attached map for location). Parking along that street seemed to encourage criminal activity in that area. Both sides of the street were littered with trash, and open consumption of alcohol was frequently observed along that street. Approximately a year ago, the City prohibited parking along the street on a trial basis. The parking prohibition has been highly successful with that area now relatively free of litter. After the parking prohibition was initiated on 76`h Avenue, the problem of litter, abandoned vehicles, and long- term parking began to surface on Milton Court (see attached map for location). The problem has gradually worsened over the past year and is now becoming a major source of concern for the Tigard Police and the businesses on that street. The following are some of the major problems encountered: e The Tigard police has had 33 reported cases of "abandoned vehicles" along Milton Court during the period January 1 to the end of September 1998. o At any particular time, there are usually an average of 35-40 vehicles parked along Milton Court, none of which are related to the businesses along the street. Based on information compiled from police reports, it appears that the majority of the vehicles are owned by residents of or visitors to the Tiffany Court Apartments. ® Milton Court is frequently being used as a staging area for semi-trailers. Containers are often seen parked along that street for several days at a time. ® People have been observed working on their vehicles in the street. Oil spills and debris from these activities are evident along and adjacent to that street. o It is extremely labor intensive for the Tigard Police to repeatedly monitor the area. Complaint calls regarding "abandoned vehicles" are much higher than average at this location. These types of calls require a minimum of two visits, one to locate and document the vehicle and the followup visit to determine its status. It is apparent that the parking problems on Milton Court are the direct result of the parking prohibition on 76'h Avenue. Although it is not the intention of the Tigard Police to "relocate" the problem, there appears to be a need to discourage the abandonment of vehicles in the street and to educate vehicle owners in the area on the guidelines to legal parking in Tigard. The proposed actions to resolve these problems are as follows: 0 Permanize the temporary parking prohibition on 76`h Avenue e Initiate nighttime parking restrictions on Milton Court (8:00 P.M. to 6:00 P.M.) • Distribute information on the proposed changes and on legal parking guidelines to residents of the Tiffany Court Apartments, the Marcienne Terrace, the businesses along Milton Court, and to others within that vicinity The Tigard Police polled the property management for both the Tiffany Court Apartments and Marcienne Terrace to determine the support for vehicle parking limitations. Merilyn Dunn, Resident Property Manager for Marcienne Terrace is in complete support of the prohibited parking along 76`h Avenue. Marla Gregg, resident property manager for Tiffany Court Apartments, also supports the permanent no parking along that street. Gregg added that prohibiting parking on 761h Avenue has been a key element in deterring disturbances and crime in the area. The businesses along Milton Court likewise support the initiation of nighttime parking restrictions along that street. These businesses have all complained regularly to the City about the activities along that street, and are seriously concerned that the area is becoming a major eyesore. The continuation of the parking prohibition on 76`h Avenue and the implementation of nighttime parking restrictions on Milton Court should alleviate the litter and abandoned vehicle problems on both streets, while still meeting the needs of the businesses in that area. OTHER ALTERNATIVES CONSIDERED 9 Allow parking on 761h Avenue and initiate enforcement activities to resolve anticipated problems 6 Intensify enforcement activities on Milton Court VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES None. Any signs necessary would be prepared and installed by inhouse crews. I:kitywide\sum\Proposcd Actions to Resolve Parking-Related Probletns on 76' Avenue and Milton Court ~ o bA ~ CCU ~ N c O ® a• ~d 4J c ~ ® c o C z r. AGENDA ITEM # I FOR AGENDA OF Nov. 17. 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Proposed Modification of Engineering Department Fees PREPARED BY: Brian Ra eg r DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Informational briefing to Council on proposed modification of department fees to cover the Staff costs in providing certain services to the public. STAFF RECOMMENDATION There is no Staff recommendation at this time. This report is for Council information, discussion and input. INFORMATION SUMMARY Staff has completed an analysis of current Engineering Department fee revenue versus the Staff costs to provide certain services to the public. Two services in particular are either not fully covered by fee revenues, or are not covered at all. The first service is related to public improvement permits, where the fee is currently set at a flat rate of 4% of the estimated cost of the work to be completed in the public right-of-way. The revenues generated from these permit fees do not cover the City's costs in reviewing and issuing the permits, and in monitoring the work in the field. The second service to discuss is addressing. The City does not have a fee to cover this service and the Staff time required to provide this service is substantial. Staff intends to make a formal presentation to Council at a later date to recommend a modification to the existing public improvement permit fees and the addition of an addressing fee. Before that presentation will be made, Staff will contact the engineering and development firms that work in Tigard to inform them of Staff's intended recommendation. Staff will take into consideration any feedback received from the development community before making a formal recommendation to Council. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES There will be some Staff time involved in holding a meeting with the development community and preparing the final recommendation to Council. iAcitywide\sum.dot