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City Council Packet - 01/23/2001Or li l'ns I TIGARD CITY COUNCIL MEETING JANUARY 23, 2001 COUNCIL MEETING WILL BE TELEVISED K: oannieWocs\COPW 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 * *Revised January 19, 2001 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 mm. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, Ext. 309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and O Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, as much lead time as possible. Please notify the City of your need Thursday preceding the meeting by calling: 503-639-4171, x309 2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA it is important to allow by 5:00 p.m. on the (voice) or 503-684- COUNCIL AGENDA - January 23, 2001 page 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING JANUARY 23, 2001 6:30 PM STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) 8E (h) to discuss labor relations, real property transactions, exempt public records, and 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. > joint Quarterly Meeting with the Tigard Budget Committee > Briefing on Electricity Deregulation, a Proposed Electricity Franchise Audit, and Other Franchise Issues 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council at Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 8t Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Receive and File: a. Council Goal Updates for 2000 3.2 Adopt a Resolution tc set the Telecommunications Franchise Application Fee at $2,000 -Resolution No. 01- O- 3.3 Decline to Consider the Property Acquisition and Authorize the Community Development Director to so Advise the Owner's Representative in Writing 3.4 Approve Council Liaison Appointments COUNCIL AGENDA - January 23, 2001 page 2 Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 4. VISION GOALS UPDATE a. Staff Report: Administration Staff S. CONSIDER A RESOLUTION TO ESTABLISH A TREE BOARD TO DEVELOP AND ADMINISTER A COMPREHENSIVE COMMUNITY TREE MANAGEMENT PROGRAM FOR THE CARE OF TREES ON PUBLIC PROPERTY a. Staff Report: Public Works Staff b. Council Discussion, Questions, Comments C. Council Consideration: Resolution No. - I L D 6. CONSIDER APPROVAL OF AMENDMENT NO. 1 TO THE URBAN SERVICES INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY AND AUTHORIZE THE MAYOR AND CITY ATTORNEY TO SIGN THE DOCUMENTS a. Staff Report: Engineering Staff b. Council Discussion, Questions, Comments C. Council Motion: Should Council approve the amendment and authorize the Mayor and City Attorney to sign the documents? 7. REVIEW AND APPROVE COUNCIL GOALS FOR 2001 a. Staff Report: City Administration b. Council Discussion C. Council Motion: Should the Council approve the Council goals as summarized by staff for 2001'.) 8. COUNCIL LIAISON REPORTS 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) st (h) to discuss labor relations, real property transactions, exempt public records, and 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. ADJOURNMENT 1 AADM\CATHY\CCA\010123.DOC COUNCIL AGENDA - January 23, 2001 page 3 Agenda Item No. 4.1 Meeting of 3 -13 - W Meeting Minutes TIGARD CITY COUNCIL BUSINESS MEETING JANUARY 23, 2001 STUDY SESSION Mayor Griffith called the Study Session to order at 6:33 p.m. Council present: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckla Staff Present: City Manager Bill Monahan, Assistant to the City Manager Liz Newton, City Attorney Tim Ramis, Finance Director Craig Prosser, Maintenance Supervisor Arnie Manzano, Property Manager John Ro;w, City Engineer Gus Duenas, Community Development Director Jim Hendryx, Legal Counsel Ken Bemis, Human Resources Director Sandy Zodrow, Police Chief Ron Goodpaster and Deputy City Recorder Greer Gaston. > Joint Meeting with the Budget Committee Budget Committee members Mike Benner, Greg Zuffrea, and George Burgess attended the meeting. o Police Department HVAC Replacement Finance Director Prosser introduced a change in the scope and cost of the HVAC replacement in the older section of the Police Department. Property Manager Roy informed Council and the Budget Committee that HVAC problems were discovered during the recent expansion and remodeling project at the Police Department. In the older section of the Police Department, new gas pack units will be installed to provide both heating and cooling to that section of the building. Originally, the cost of the repairs was estimated to be $125,000. Upon further investigation by a consultant, the estimated cost of the project has grown to $215,000. Property Manager Roy stated that to keep costs down the City would: ■ purchase the equipment directly to avoid contractor mark-up receive energy efficiency rebates from PGE ■ relocate the Police Department to the Water Building Auditorium and Conference Room instead of a modular building COUNCIL MEETING MINUTES - JANUARY 23,2001 - PAGE 1 Some cost savings will also be realized in the efficiency of the new units. Property Manager Roy cautioned that most HVAC equipment throughout City buildings is about 16 years old. The life expectancy of such equipment Is between 15 to 18 years, so other HVAC replacements shouid be anticipated. Finance Director Prosser stated that due to an oversight, the $125,000 for HVAC replacement had been duplicated in the budget. The item appeared once in the operating budget and once in the capital improvement budget. By combining funds from the operating budget and the capital improvement budget, sufficient funds exist to proceed with the project. The members of the Budget Committee and Council supported this proposal. Finance Director Prosser will prepare the budget amendment. ❑ Budget Committee Meeting Location Finance Director Prosser stated that since the Police Department will be relocating some of its offices to the Water Auditorium Building, this location will not be available for Budget Committee meetings. The Committee and Council agreed to hold the Budget Committee meetings at the Tualatin Valley Fire and Rescue Community Room, 8935 SW Burnham Street, Tigard, Oregon. The first meeting will take place on Monday, April 30, 2001 at 6:30 p.m. Finance Director Prosser distributed a Budget Committee calendar. ❑ Social Services Grant Subcommittee Finance Director Prosser stated that members of the subcommittee needed to be chosen, as grant applications would need to be evaluated in February. Mike Benner, Greg Zuffrea, and )oyce Patton agreed to serve on the Subcommittee. Grant applications are due February 5, 2001, and will be forwarded to Subcommittee members. ❑ Update.on Measure 7 City Attorney Ramis stated that Measure 7 has been stayed, due to challenge of the Measure's validity. Arguments are scheduled to be heard COUNCIL MEETING MINUTES - JANUARY 23, 2003 o PACE 2 in February, and an initial decision may be available shortly thereafter. He discussed three possible outcomes to the case: Judge would retain his position that the Measure violates the single subject rule and would uphold the injunction. The Measure would not become effective. This decision may be appealed to the Court of Appeals and subsequently, the Supreme Court. Since the appeal process could be quite lengthy, the issue may be unresolved for years. The hope would be that the injunction remains in effect while the litigation is in progress, so that the City would not need to process claims. Judge would reverse his position, and lift the injunction while Measure 7 is appealed. The City would be required to process claims while the Measure proceeds through the appellate system. The requirement to process claims coul' occur before the validity of the Measure is determined. Judge could find the Measure unconstitutional, but simultaneously lift the injunction. The Governor might then certify that the Measure was valid. The City would be required to process claims, despite the fact that the Measure was declared unconstitutional. The waiver or non-enforcement clause of City's ordinance pertaining to the processing of Measure 7 claims, has been challenged. The State Land Conservation and Development Commission and Thousand Friends have challenged the ordinance because it provides for either paying a valid claim, or not enforcing the offending regulation. In fact, the City does not have the option of not enforcing regulations. This means that although the City can pay claims, it can not choose to not enforce an offending regulation. City Attorney Ramis has negotiated a stay with Thousand Friends pending the outcome of the validity of Measure 7. Repealing the non-enforcement provision is an option, but City Attorney Ramis recommended retaining the provision for now, while monitoring how the litigation proceeds. He suggested that it is preferable to have the ordinance in place, in the event fiat the injunction is lifted. Since a substantial portion of limiting regulations in the City's zoning code are required by the State, Councilor Patton suggested that the State may have filed suit to prevent local municipalities from holding the State financially responsible for claims. !n response to a question from Mayor Griffith, City Attorney Ramis relayed that State Representative Max Williams was exploring whether the House should become invoived with the Measure. The State Senate is COUNCIL MEETING PAINUTES - JANUARY 23,2001 - PACE 3 waiting for the Measure to proceed through legal channels before taking any action. Community Development Director Hendryx listed eight projects that were placed on hold as a result of Measure 7: ■ Hillside indemnification Downtown parking ■ USA water quality design standards - a Recreation as a conditional use Transportation System Plan ■ Washington Square Regional Center Plan ■ Durham Quarry ■ Home occupations Of these items, downtown parking, recreation as a conditional use, Durham Quarry, and home occupations are considered to be items at the least risk for claims under Measure 7. Community Development Director Hendryx suggested that the City proceed with the "low risk" items. City Attorney Ramis stated he was comfortable in going forward. Council directed staff to resume work on these items. ❑ Briefing on Electricity Deregulation, a Proposed Electricity Franchise Audit, and Other Franchise Issues Finance Director Prosser briefed the Council on the upcoming deregulation of the electrical industry. In October 2001, large commercial and industrial customers will be able to buy their electricity from any source, though PGE will continue to deliver that electricity. Currently, the City's franchise fee agreement with PGE is revenue based. If PGE loses customers, the City's franchise fee revenues will drop accordingly. Finance Director Prosser proposed that the City could avoid the drop in fees by switching from a revenue-based fee to a volumetric fee (per kilowatt hour). In response to a question from Councilor Scheckia, Councilor Patton stated Oregon's deregulation was the result of federal regulation. She continued by saying that due to the problems in California, she thought legislation would be introduced this legislative session to postpone or stop Oregon's deregulation plans. COUNCIL MEETING MINUTES - JANUARY 23,2001 - PAGE 4 Finance Director Prosser stated that it has been left to the Public Utility Commission (PUC) to define "large commercial customer." It is possible that the City of Tigard may qualify for this designation and would have the option of purchasing electricity from various sources. Finance Director Prosser briefed the Council on franchise audits. Franchise fees make up approximately 15 percent of the City's general fund. To that end, Finance Director Prosser wanted to begin auditing the City's franchise fee payments to assure their accuracy. Staff has been working with several other cities to explore the possibility of conducting a joint audit. The participation of other cities will provide cost-sharing savings to the City of Tigard and place less of a burden on the company being audited. Representatives from nine cities have indicated an interest in an intergovernmental agreement (IGA) to conduct a joint audit of PGE. Finance Director Prosser expects the IGA to come before Council in mid- March. The current plan is for start-up costs to be shared equally among participating cities, with the balance of the cost apportioned according to PGE's reported gross revenues generated within each city. The City of Hillsboro has agreed to handle administrative matters related to the audit, and the League of Oregon Cities has asked Finance Director Prosser to contact other cities who might wish to participate. Council gave direction for staff to proceed with the joint audit. Finance Director Prosser briefed Council on an anticipated request for a refund of franchise fees from Qwest (US West). About a year ago, the PUC ordered Qwest to refund customer over-charges. Therefore, it follows that Qwest over-reported gross revenues on its franchises. Qwest has begun requesting refunds of franchise fees from local governments. The City of Portland and Qwest have settled on a refund of approximately $3 million. Since Qwest holds a franchise agreement with the City of Tigard, Finance Director Prosser anticipates a request for a refund from the City. If the City receives an arrangement comparable to Portland's, Tigard will be required to pay Qwest between $20,000 and $25,000. The League of Oregon Cities is working with Qwest to allow other cities to use the Portland model to determine the amount of other refunds. Finance Director Prosser stated that he thought it was unlikely that Tigard could negotiate a better deal on its own, and recommended that the City accept Portland's arrangement if it is offered. Council supported this recommendation. COUNCIL MEETING MINUTES - JANUARY 23, 2001 - PAGE 5 > Administrative Issues/Agenda Review The Council and Staff Liaision Appointments table was amended to Include Councilor Dirksen as the alternate for Councilor Patton on the IWB Water Board, Regional Water Consortium, and the Willamette Water Supply Agency. Study Session recessed at 7:30 p.m. 1. BUSINESS MEETING 1.1 Call to Order - Mayor Griffith called the Tigard City Council and the Local Contract Review Board to order at 7:37 p.m. 1.2 Present: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckia 1.3 Pledge of Allegiance 1.4 Council Communications - None. 1.5 Call to Council and Staff for Non-Agenda Items - None. 2. VISITOR'S AGENDA • Mr. lack Polans, 16000 SW Queen Victoria Place, Bing City, Oregon, noted that he had asked Tigard area schools for a list of graduates that went on to attend a four-year college or university. Mr. Polans also asked for the City's assistance in finding the number of home-schooied children in Tigard. Mr. Polans asked if the City could request this information as he has been unable to obtain it. City Manager Monahan said he would find out what information was available and would contact Mr. Polans. ® Beverly Froude would like to testify regarding agenda item #6. Mayor Griffith told Ms. Froude that she could testify now, or when the item was discussed. She chose to wait for agenda item #6. 3. CONSENT AGENDA: City Manager Monahan noted changes to agenda item 3.4. As discussed in Study Session, Councilor Dirksen was added as the alternate for Councilor Patton on the IWB Water Board, Regional Water Consortium, and the Willamette Water Supply Agency. Approval of item 3.4 included these changes. COUNCIL MEETING MINUTES - JANUARY 23, 2001 - PAGE 6 Motion by Councilor Moore, seconded by Councilor Scheckla, to adopt the Consent Agenda as follows: 3.1 Receive and File: a. Council Goal Updates for 2000 3.2 Adopt a Resolution to set the Telecommunications Franchise Application Fee at $2,000 - Resolution No. 01- 01 3.3 Decline to Consider the Property Acquisition and Authorize the Community Development Director to so Advise the Owner's Representative in Writing 3.4 Approve Council Liaison Appointments - as amended The motion was approved by a unanimous vote of Council present: Mayor Griffith Yes Councilor Dirksen Yes Councilor Moore Yes Councilor Patton Yes Councilor Scheckla Yes 4. VISION GOALS UPDATE Assistant to the City Manager Liz Newton provided a PowerPoint presentation summarizing the Tigard Beyond Tomorrow Annual Report. A copy of the presentation is on file with City Recorder's Office. 5. CONSIDER A RESOLUTION TO ESTABLISH A TREE BOARD TO DEVELOP AND ADMINISTER A COMPREHENSIVE COMMUNITY TREE MANAGEMENT PROGRAM FOR THE CARE OF TREES ON PUBLIC PROPERTY Urban Forester Matt Stine provided a PowerPoint presentation summarizing the responsibilities and membership of the Tree Board. A copy of the presentation is on file with City Recorder's Office. At the suggestion of the City Council, Urban Forester Stine agreed that residents of the Washington County Urban Services area administered by the City of Tigard would be eligible for membership on the Board. The following wording was added to end of Section 3 of the resolution: COUNCIL MEETING MINUTES - JANUARY 23,2001 - PAGE 7 "Citizen" shall mean citizens of Tigard or the Washington County Urban Services area administered by the City. ?Motion by Councilor Patton, seconded by Councilor Moore, to adopt Resolution No. 01- 02 as amended, A RESOLUTION TO ESTABLISH A TREE BOARD TO DEVELOP AND ADMINISTER A COMPREHENSIVE COMMUNITY TREE MANAGEMENT PROGRAM FOR THE CARE OF TREES ON PUBLIC PROPERTY. The motion was approved by a unanimous vote of Council present: Mayor Griffith Yes Councilor Dirksen Yes Councilor Moore Yes Councilor Patton Yes Councilor Scheckla Yes 6. CONSIDER APPROVAL OF AMENDMENT NO. 1 TO THE URBAN SERVICES INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY AND AUTHORIZE THE MAYOR AND CITY ATTORNEY TO SIGN THE DOCUMENTS City Engineer Gus Duenas provided background on the Amendment. Since its creation in 1997, several changes occurred which created inaccuracies in the Intergovernmental Agreement (IGA). The proposed alterations to the IGA resulted from the City's annexation of Walnut Island and discontinuing routine road maintenance in the Urban Services area. This Amendment formalizes these changes and is basically a "housekeeping" measure. Bev Froude, 12200 SW Bull Mountain Road, Tigard, Oregon, stated that she was unaware of the change in service providers. She expressed her concern that most other residents in the Urbar Services area were also unaware of the change. She suggested a public hearing was needed to inform residents. City Manger Monahan offered background information on the [GA. He explained that the County was not able to adequately compensate the City for the work performed in the Urban Services area. Rather than provide a substandard level of service, or subsidize the Urban Services area with City of Tigard tax dollars, the City and County mutually agreed that the County would resume responsibility of road COUNCIL MEETING MINUTES -JANUARY 23,2001 - PAGE 8 maintenance services provided by the City. Although overlay and slurry seal programs will continue to be provided by the City, all other routine road maintenance was taken over by the County in July of 2000. Gretchen Buehner, 13429 SW 136' Place, Tigard, Oregon, mentioned that the County Extension Service newsletter for Citizen Participation Organization (CPO) would be an ideal place to publicize information. She continued by saying that as a member of the County's Transportation Task Force, City feedback on the provision of services would be valuable. Although Council stressed the importance of improved communication with residents of the Urban Services area, it reiterated that Tigard residents should not subsidize services for people outside the City. Motion by Councilor Moore, seconded by Councilor Patton, to approve Amendment No. 1 to the Urban Services Intergovernmental Agreement with Washington County. The motion was approved by a unanimous vote of Council present: Mayor Griffith Yes Councilor Dirksen Yes Councilor Moore Yes Councilor Patton Yes Councilor Scheckla Yes 7. REVIEW AND APPROVE COUNCIL GOALS FOR 2001 City Manager Monahan described Council discussions from the January 16 meeting where a review of 2000 goals and formation of the 2001 goals occurred. Goal topics for 2001 were summarized. City Manager Monahan noted the definitions of the terms of "goal" and "task" had been altered. Mayor Griffith inquired about tasks for goals 6 and 7. City Manager Monahan said that he would review his notes to determine if tasks were identified. He pointed out that these items may be coming before Council in the near future and Council may have decided not to specify tasks at this time. Councilor Patton requested clarification on goal 1, task 8. City Manager Monahan indicated that the word "Fund" should have been "Program." He said he would continue working on the goals and would provide Council with an update in their next newsletter. He asked for Council feedback by February 6, in order to have a finalized version on the February 13 agenda. COUNCIL MEETING MINUTES - JANUARY 23, 2001 - PAGE 9 Councilor Patton requested tasks, in addition to goals, be included in presentations and literature regarding the 2001 goals. City Manager Monahan confirmed that tasks would be Included. Councilor Dirksen inquired about the wording of goal 2, task 1. After discussion, Council agreed to change the wording to "Develop and define a strategy for providing recreational opportunities." Mayor Griffith described an upcoming meeting with the school district to discuss ways to facilitate recreational activities. Councilor Dirksen reaffirmed Council's efforts were not solely directed toward youth sports. He indicated that the Council also expressed interest in offering a wide range activities for citizens of all ages. Councilor Scheckla announced that at 5 p.m. on Thursday, January 25, Reverend Taylor at the Methodist Church is holding a meeting to update the community on youth activities. Everyone is encouraged to attend. 8. COUNCIL LIAISON REPORTS: None. 9. NON AGENDA ITEMS: City Manager Monahan explained State Representatives Williams and Hansen are putting forth a resolution at the 2001 legislature honoring former Mayor Nicoll. ■ City Manager Monahan announced Tri-Met is holding an Open House on Monday, January 29, from 5 to 8 p.m. at the Tigard Water Building to receive input on the proposed route changes. 10 City Manager Monahan announced Metro is holding an elected officials briefing on Tuesday, January 30. Business Meeting recessed at 8:50 p.m. Study Session reconvened at 8:53 p.m. Community Development Director Hendryx provided a map showing future transit service in the Tigard area, related to the discussion of the Tri-Met Open House. Councilor Dirksen related that he would like to attend the Metro meeting along with Mayor Griffith. City Engineer Duenas briefed Council on the Transportation Task Force. City Engineer Duenas informed Council that Steve Clark had paid fir the "Argument in Favor" of COUNCIL MEETING MINUTES -JANUARY 23, 2001- PAGE 10 the Transportation Bond that appeared in the Voter's Pamphlet. Steve was also responsible for a $1,300 in-kind advertisement. City Engineer Duenas wanted Council to be aware of Mr. Clark's efforts regarding the Transportation Bond. Study Session concluded at 9:05 p.m. 10. EXECUTIVE SESSION: The Tigard City Council went Into Executive Session at 9:06 p.m. under the provisions of ORS 192.660 (1) (d) St (h) to discuss labor relations, and current and pending litigation Issues. 11. ADJOURNMENT: 10:25 p.m. 7 Attest: reer Gaston, Deputy ity ecor er Ivor, 7*?d Date: 3 / - \\TIG333\USR\DEPTS\ADM\CATHY\CCM\0101 <^3.DOC COUNCIL MEETING MINUTES -JANUARY 23,2001 - PAGE 11 AGENDA ITEM # - ?5 / 02 FOR AGENDA OF January 23, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Quarterly Meeting of the Tigard Budget Committee PREPARED BY: Craig Prosser DEPT HEAD OK k- CITY MGR OK ISSUE BEFORE THE COUNCIL Quarterly informational meeting with the Tigard Budget Committee STAFF RECOMMENDATION Receive information and take action as indicated on the attached agenda. INFORMATION SUMMARY This is the regularly quarterly meeting of the Tigard Budget Committee. The agenda for this meeting is attached to this summary. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST Tigard Budget Committee Agenda, January 23, 2001 FISCAL NOTES None Tigard Budget Committee January 23, 2001 6:30 p.m. Red Rock Creek Conference Room Agenda 1. Introduction of new members 2. Election of officers 3. Briefing - Proposed change to scope of FY 2000-01 Adopted CIP Project - Police HVAC Replacement 4. Discussion - other financial matters (Measure 7 status) 5. Budget Calendar and set meeting dates for review of FY 2001-02 Proposed Budget kardDut tul Badi d 0huy, I City of Tigard, Oregon DRAFT Budget Calendar for FY 2001-02 1/10/01 January 10, 2001 Budget kick off with Executive Staff Week of January 8, 2001 Budget Worksheets available Personal Services projections available January 9, 2001 Budget Training Session #1 January 16, 2001 Budget Training Session #2 January 29, 2001 New position requests due to Human Resources February 5, 2001 Social agency, Arts/Events funding requests due. February 16, 2001 Budget requests and revenue due to Finance Training Plans due March 2 through 16, 2001 City Manager/Finance/Department meetings March 30, 2001 City Manager completes Proposed budget- April 30, 2001 Budget Committee #1 Budget overview Financial condition Department & issues discussion May 7, 2001 Budget Committee #2 Department & issues discussion May 14, 2001 Budget Committee #3 Department & issues discussion May 21, 2001 Budget Committee #4 Approve budget June 19, 2001 Coun A adopts budget July 1, 2001 Start of fiscal year /-10- rdou-t I114ca . u .fxr ~f roc f_ C°ram~c Tigard Budget Committee January 23, 2001 6:30 p.m. Red Rock Creek Conference Room Agenda 1. Introduction of new members 2. Election of officers 3. Briefing - Proposed change to scope of FY 2000-01 Adopted CIP Project - Police HVAC Replacement 4. Discussion - other financial matters (Measure 7 status) 5. Budget Calendar and set meeting dates for review of FY 2001-02 Proposed Budget S-+u 6-f Agenda Item No. Meeting M E M O R A N D U M TO: FROM: RE: DATE: City Council John Roy HVAC Replacement Project at the Police Department January 19, 2001 d -L4 1 C 0-3P ,r,~M'Ltu) The HVAC replacement project in the Police Department will soon begin. I have met with Chief Goodpaster to discuss the logistics of how to carry out the project and still retain his department's operability. I then met with the Executive Staff to advise them of the project and the issues and concerns that they may have and how they could be resolved. It was determined that the most feasible and cost effective plan is the utilization of the water building auditorium and front lobby conference room, for the following reasons; ■ The water auditorium already has computer and telephone lines installed ■ Provides adequate space ■ Restrooms and lunchroom are readily available ■ Front lobby conference room can be utilized as an area for supervisors or an area for privacy when needed Has an adequate HVAC system ■ Parking can be provided for employees by shifting parking locations around ■ Can be made secure for Police personnel only ■ Causes the least amount of disruption to staff ■ Room usage and reservations can be rescheduled to other city facilities or other facilities in the community ■ Minimal cost involved (lock replacement cost's only) ■ Tigard Water District and the Intergovern mental Water Board have given their approval ■ Will provide for a savings of approximately $20,000.00 by not having to lease a modular unit It is being planned that the Police Department would utilize the water building from the 16th of April through the end of July. . •E SfudCJ AGENDA ITEM # ,fX-"fJi Dn FOR AGENDA OF January 23, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENTDA TITLE Briefing on electrici deregulation, a proposed electricity franchise audit and other franchise issues PREPARED BY: Craig Prosser DEPT HEAD OK ___J_ CITY MGR OK ISSUE BEFORE THE COUNCIL Receive information from staff on recent developments in electricity deregulation in Oregon and its impact on the City of Tigard Electricity Franchise, preparations for an audit of the PGE franchise, and recent development related to tai, Qwest (US West) telephone franchise. Give staff informal direction on these issues. STAFF RECOMMENDATION Give staff direction to proceed with opening of the PGE electricity franchise to negotiate changes in response to the pending deregulation of the electrical industry in Oregon, and to proceed with efforts to form an Intergovernmental Agreement with several other cities to conduct a joint audit of the PGE franchise. INFORMATION SUMMARY Electricity Deregulation: The 1999 Oregon Legislature passed SB 1149, which deregulates the electrical industry beg:*ming in October 2001. Under this plan, large commercial and industrial customers will be able to buy their electricity from any source, though PGE will continue to deliver that electricity. On average, about 50% of an electrical bill is for electricity with the remaining 50% paying for delivery and fixed costs. If large customers move away from PGE, PGE's gross revenues will drop, which will result in a reduction in City of Tigard franchise fee revenues. The legislature recognized the problems that could be created for local governments with a drop in franchise fee revenues resulting from deregulation. SB 1149 therefore allows local governments to reopen their electrical franchises to renegotiate fees. The City of Tigard will need to reopen the PGE Franchise to change the basis of calculation for the franchise fee. This is where we would need to switch from a revenue-based fee to a "volumetric" fee (basically, "per kilowatt hour") by class of customer (residential, commercial, industrial). Under SB 1149, cities are allowed to open franchises to switch to volumetric fees to retain the same level of franchise fees as we are currently getting (over $900,000 per year). SB 1149 also establishes 1999 as the base year for purposes of calculating the "no impact" level of the volumetric fee. If the City does not open the franchise to switch to a volumetric fee, it stands to lose a large portion of those fees (though no estimate of the amount of loss is possible at this time). Even if the City does switch, it may lose revenues despite the legislation. (Portland is projecting a drop in revenues even with volumetric fees.) . It In a related issue, under SB 1149 large commercial and industrial customers will be allowed to buy their electricity from any source. The City will be checking to see if it would qualify as a large customer. If so, the City may be able to buy electricity more cheaply from some other source. Franchise Audits: The FY 2000-01 City Budget contains $6,000 to test a program of auditing City franchisees. Staff has been working with several other cities to explore the possibility of conducting a joint audit to save tine and money and to make audits easier for the company being audited. With the coming deregulation of the electrical industry, this auditing effort has taken on added importance. SB 1149 established 1999 as the base year for electrical franchise revenues. In negotiating a new basis for charging electrical franchise fees this is the year that we will use to determine whether the new fee is neutral. It is therefore imperative that 1999 electrical franchise revenues are as accurate as possible. This last point also shows that this audit is a time sensitive project. We need to clearly establish "base year" revenues so that we can renegotiate the franchise before October. On January 4, 2001, staff representatives from eight cities (Hillsboro, Lake Oswego, Newberg, Oregon City, Portland, Salem, Tigard, and Wilsonville) indicated a strong interest in putting together an intergovernmental agreement to conduct a joint audit of PGE. Staff expects other cities to be joining in this effort. The League of Oregon Cities has requested that we notify all cities served by PGE of our joint audit and to give them the opportunity to join in. It is to the participant's advantage to have more cities involved to help share costs and to carry more clout with PGE. To accomplish this audit, Tigard will need to enter into an intergovernmental agreement with the other cities. Participating cities will share costs on some pro rata basis (i.e. population, PGE franchise fee revenues, kilowatt-hours, or something similar). We won't know the full cost of this project until we develop a scope of work and issue a Request for Proposals (RFP) for consultants. We have agreed that we need an "out" after the budget is developed in case the cost is too great. There is no way to predict at this time how much (if any) additional revenue we may find. Tigard staff has been the leading force in assembling this consortium. We do not yet know which city will lead this project, but it is possible that Tigard will be asked to do this. Qwest (US West) Refund: About a year ago, the Oregon Public Utility Commission (PUC) ordered Qwest (formerly US West) to refund over-charges for the previous four years to its customers. Since the PUC determined that Qwest had over-charged its customers, it naturally follows that Qwest over-reported gross revenues on its franchises. Qwest has therefore requested refunds of franchise fees from local governments. Qwest first contacted the City of Portland and requested a refund of over $6 million. Portland and Qwest negotiated for over 8 months, and finally settled on a figure just over $3 million. Qwest will soon start contacting other cities within its service area. Qwest holds a franchise from the City of Tigard. The League of Oregon Cities is working with Qwest to allow other cities to use the model negotiated with Portland to determine the amount of their refund. The League is also negotiating to delay these refunds to the start of the next fiscal year. Cities could attempt to negotiate a better deal on their own, but League and MACC staff feel that it is highly unlikely that they could do so. Using the Portland settlement model, Tigard will have to pay Qwest between $20,000 and $25,000. No action is necessary at this time. Staff will keep the Council informed of further developments as they occur. r K OTHER ALTERNATIVES CONSIDERED None. This is an informational briefing. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NA ATTACHMENT LIST None FISCAL NOTES These issues could have significant financial impacts on the City of Tigard, though amounts cannot be determined at this time. Electrical deregulation will at best have a neutral impact on franchise fee revenues, though it is likely that it will cause a reduction in those revenues, especially if Tigard does not switch to a volumetric franchise fee. The proposed audit of PGE could, however, identify past under payments, and therefore identify additional revenues due to the. City. The Qwest refund will cost the City $20,000 to $25,000. f la rdou f Scssia~ end .%%i it to CL C4 C/) C) ~►6J • vJ N O eT+F ~y d T~ M MM Av d 1 \ M n 4 \ ~ ~ m m MRto s ~ m b N C) _ ecw M M P\ 630 1 RCL 3 (11 0 V) CaN-4 171 N AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : January 23, 2001 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED J/yK / q- `513-68~478z 6-00WcCewgt, k' C' 04-1 o s VISITOR'S AGENDA Page 1 AGENDA ITEM # 3. 1 Q. . FOR AGENDA OF January 23-2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Council Goal Update PREPARED BY: Greer Gaston DEPT HEAD OK Q'k'0 CITY MGR OK ISSUE BEFORE THE COUNCIL Final update on the progress of the Council goals for the year 2000. STAFF RECOMMENDATION Receive and file the Update. INFORMATION SUMMARY Attached are brief sur-mmaries of the efforts for the past year on the stated Council goals for 2000. Also attached are the tasks identified during the last Council goal-setting session with regard to specific activities considered to be part of departmental responsibilities and individual work programs. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Visioning goals are identified throughout the goals and tasks developed by the City Council. HSCAL NOTES N/A 1:\ADM\CITY COUNCIL\COUNCIL AGENDA ITEM SUMMARIES\COUNCIL GOAL UPDATE - END 2000.00C Council Goal Update ® 2000 Gals 1. Complete the City's transportation improvement program development. Staff Responsible: City Engineer Gus Duenas April 2000: The Transportation System Update Plan (TSP) development process continued during the past few months. The draft Transportation System Plan has been completed, and is currently being reviewed by Tigard staff and government agencies. The last Tigard Transportation Task Force (Planning Commission and citizens) meeting was held in March. The draft plan will be made available on the City's web site during the coming months. Future activities include: two public open houses, joint Planning Commission/City Council workshop, and public hearings before Planning Commission and City Council. The updated TSP is expected to be adopted by late summer or early fall this year. The Transportation Bond Task Force conducted a series of meetings during the month of February 2000 to obtain comments from a broad cross-section of the community. The first meeting was a presentation to the Citizen Involvement Teams on February 3, 2000 at the Tigard Senior Center. The other meetings were open house format conducted as follows: February 9, 2000 at Fowler Middle School, February 16, 2000 at Conklin Hall, Metzger United Methodist Church, and February 24, 2000 at Tigard High School. Following the public involvement meetings, the Task Force met on March 8 to discuss the citizen input and to incorporate that input into the criteria for final selection of projects. At a subsequent meeting on March 15, 2000, the Task Force selected a list of projects that primarily focused on improvements to major collectors, and one minor collector. The Task Force also Goals Update Page 1 December 2000 recommended a list of alternative projects that could be implemented if favorable bids are received, or if other funding sources are identified through partnerships or some other means. At this point, the bond package is approximately $16 million. The Task Force recommendation is for a ten-year bond term. The Task Force emphasized the need to minimize adverse impacts to existing neighborhoods during the design and construction of these projects. The list of projects has been provided to City Council. The package of projects and other Task Force recommendations will be presented to the Planning Commission on April 17, 2000, and to City Council on May 9, 2000. Assuming Council approval of the bond package, the bond measure will be submitted for voter approval in the November 2000 general election. The Task Force cannot promote the bond package once it becomes a measure on the ballot. However, the members indicated their intention to support the bond issue individually or through formation of some other citizen group for that purpose. June 2000: The draft Transportation System Plan (TSP) was completed, and is being reviewed by Tigard staff and government agencies. Comments have been received from Metro, Washington County, and the Cities of Beaverton and Tualatin. Comments are expected from ODOT during the last week of June. Future activities will be scheduled after receipt of all comments. These activities include: two public open houses, joint Planning Commission/City Council workshop, and public hearings before the Planning Commission and City Council. The updated TSP is expected to be adopted prior to the end of the calendar year. The Transportation Bona Task Force presented the package of projects and specific recommendations to the Planning Commission on April 17, 2000. The Planning Goals Update Page 2 December 2000 Commission endorsed the Task Force recommendations and approved the projects for further submittal to City Council. The City Council approved the Task Force recommendations during the Council meeting on May 9, 2000, and directed the preparation of a resolution and ballot title to place the bond measure on the November 7, 2000 election ballot. The Transportation Bond Resolution, Ballot Title, and Explanatory Statement have been prepared and will be considered by City Council during the June 27, 2000 Council meeting. The recommended projects include transportation system improvements for: • Gaarde Street - 99W to 121St Avenue • 121St Avenue - Walnut Street to North Dakota Street Walnut Street - Tiedeman Avenue to 121St Avenue • 121St Avenue - Gaarde Street to Walnut Street • 98th Avenue - Signalization at Durham Road If, after the above-listed projects have been completed, there are bond funds remaining, the alternative projects listed below will be funded in order of priority shown: • Commercial Street - North side, Main Street to Lincoln Street Burnham Street - Main Street to Hall Boulevard Tigard Street - South side, Main Street to Tiedeman Avenue ® Tiedeman Avenue - Greenburg Road to Tigard Street The total estimated cost for the recommended projects is $16 million. The proposed bond issue is for a period of 10 years in the amount of $16 million. The Task Force cannot promote the bond package once it becomes a measure on the ballot. However, the members indicated their intention to support the bond issue individually and through formation of a citizen group for that purpose. Goals Update Page 3 December 2000 September 2000 The draft Transportation System Plan (TSP) has been reviewed by Tigard staff and government agencies. Comments have been received from Metro, Washington County, ODOT, and the Cities of Beaverton and Tualatin. The public process for eventual adoption of the updated TSP include: two public open houses, joint Planning Commission/City Council workshop, and public hearings before the Planning Commission and City Council. The updated TSP is expected to be adopted in December 2000. The proposed Transportation Bond Issue has been placed on the November 7, 2000 election ballot and is identified as Measure 34-20. The recommended projects in this proposed bond issue include transportation system improvements for: Gaarde Street - 99W to 121st Avenue s 121st Avenue - Walnut Street to North Dakota Street Walnut Street - Tiedeman Avenue to 121st Avenue 0 121st Avenue - Gaarde Street to Walnut Street 0 98th Avenue - Signalization at Durham Road o Fonner Street - Walnut Street to 115th Avenue If, after the above-listed projects have been completed, there are bond funds remaining, the alternative projects listed below will be funded in order of priority shown: s Commercial Street - North side, Main Street to Lincoln Street o Burnham Street - Main Street to Hall Boulevard o Tigard Street - South side, Main Street to Tiedeman Avenue s Tiedeman Avenue - Greenburg Road to Tigard Street The proposed bond issue is for a period of 10 years in the amount of $16 million. The Transportation Bond Task Goals Update Page 4 December 2000 Force has been deactivated through Council Resolution No. 00-57, thereby allowing Task Force members the opportunity to support the bond issue individually and through formation of a citizen group for that purpose. Resolution No. 00-57 commends the Task Force members for a job exceptionally well done. December 2000 The TSP progress through the public process has been delayed to provide more opportunity for public review and comment. The open houses scheduled on November 6, 2000 and December 4, 2000 were sparsely attended. The presentation to the Planning Commission has been postponed until February 5, 2000. The Council workshop and public hearing for adoption of the TSP will be som timuat on in 2001 following Planning Commission approval. of potential Measure 7 impacts will have to be performed prior to adoption of the plan. The following are the next steps in the process for adoption of the TSP: ■ Planning Commission Public Hearing for the Transportation System Plan (February 5, 2001) City Council Workshop to discuss and clarify elements of the TSP (to be determined later) P ■ City Council Public Hearing for adoption of the TSP (to CQ be set later) H ~ The Transportation Bond did not pass, losing by a 64% to 36% margin. A review of the votes by precinct shows the measure losing by a consistent margin throughout the City. a Council has provided direction to staff to reconstitute the Transportation Bond Task Force to re-evaluate the bond Page 5 Goals Update December 2000 package, determine what went wrong with the bond issue, and make recommendations to City Council for future funding strategies. The reconstitution of the Task Force will occur early in 2001. Major transportation improvements, safety projects, and traffic calming measures will continue to be incorporated in the yearly Capital Improvement Program in accordance with the availability of funding. 2. Review the results of the Atfalati Recreation District Feasibility Study and determine if the City should support formation of the district by endorsing forwarding the results of the study to the Washington County Board of Commissioners asking that a measure be placed on the November 2000 ballot to form the District. Staff Responsible: Public Works Director Ed Wegner April 2000: At the March 28, 2000, City Council Meeting, the City Council passed on a 3 - 2 vote a Resolution consenting to the formation of a new County Service District. The City Manager was authorized to sign the Memorandum of Understanding (MOU) for an amount not to exceed the stated tax rates of $.48/1,000 operating and $.35/1,000 bond cost. The cities of Durham and Tualatin are yet to act on support of the resolution, but are scheduled to do so within the next few weeks, as is the Tigard-Tualatin School District. The details of the MOU are being worked out by all parties. When all resolutions are approved and a MOU is completed, they will be forwarded to the County Board of Commissioners. Goals Update Page 6 December 2000 June 2000: The Washington County Board of Commissioners has adopted an order declaring its intent to form the Atfalati Recreation Partnership District, an ORS Chapter 451 County Service District. Two public hearings are scheduled. The proposal is to seek voter approval in November 2000, for a permanent rate levy of approximately $0.83 per 1,000 assessed valuation for operation and capital projects. September 2000 Washington County Board of Commissioners has placed the decision to establish a recreation special service district on the November ballot. The ballot measure number is 34-23. The task force has completed its work and has disbanded. Cogan Owens Cogan has submitted its final report for phases 1 and 2 and executive summaries were distributed. Staff is awaiting the election results to begin implementation or to decide how the City of Tigard will need to address recreational needs of the citizens of the community. December 2000 The Steering Committee met December 13, 2000, with Council member Brian Moore and John Roy, Property Manager, representing the City of Tigard. The following are the Committee's "next step" plan: Goals Update Page 7 December 2000 "Secure the continued support of the partners (Tigard, Tualatin, Tigard-Tualatin School District and Washington County). There are goal setting meetings scheduled for January and the Steering Committee should be prepared to go back before these groups and outline the future steps. Secure financial support from the partners. Discuss with Max Williams potential legislative action that may benefit our process." 3. Assist the Tigard Central Business District Association to develop a plan for the downtown. Staff Responsible: Community Development Director Jinn Hendryx April 2000: TCBDA contracted with the Oregon Downtown Development Association to complete a Resource Tearn report on downtown Tigard. A series of recommendations resulted from this effort and will serve as a plan to shape the downtown. The Resource Team believes that it is important to strengthen the downtown as the "heart" of the community. It can be achieved, in part, through elements of design, appropriate mixed use redevelopment, and capitalizing on the downtown's image, history, and culture. Creating a strong and positive image that promotes the specialness of the downtown and marketing it to the community will define and highlight its unique role. The results of the report will be presented to Council on April 18, 2000. Coals Update Page 8 December 2000 June 2000: TCBDA. and representatives from the Oregon Downtown Development Association presented the report on downtown Tigard to City Council on April 18, 2000. The Association is currently evaluating conducting the Tigard Daze event in the downtown. The final outcome of those discussions will be presented to Council in July. The Association has also investigated the feasibility of replacing light pole banners along Main Street. A formal request for funding will occur in July. in conjunction with the Balloon Festival, TCBDA initiated a treasure hunt with several downtown businesses participating in the event and offering prizes. The Association is evaluating the need to hire a part-time manager to assist in implementing the Resource Team Report and Action Plan. This will be presented at the July 18 meeting. September 2000 Council recommended to support funding for a part-time manager to assist the TCBDA in carrying out the recommendations of the Resource Team. Furthermore, funding was approved to hire the Oregon Downtown Development Association (ODDA) to assist the development of a funding source for the TCBDA. Council also approved providing funds for the purchase of new pole banners in the downtown area. TCBDA is currently reviewing applications for the part-time manager position and finalizing a contract with ODDA for funding. The new banners have been ordered. TCBDA has developed promotional efforts for the downtown, including a business social (9/13/00), a sidewalk sale (9/30/00), and holiday lighting (Thanksgiving weekend). Goals Update Page 9 December 2000 December 2000 The TCBDA has contracted with ODDA to help secure an alternative source of long term funding for the downtown. They also have hired William Wadman III as the part-time Downtown Manager. He will be responsible for coordinating all project activities locally and help guide the organization as it grows. He will also help to implement an Economic Improvement District or Business Improvement District for the downtown. The Association has had three successful community events promoting the downtown. This included a sidewalk sale, and Halloween and holiday tree lighting events. Hundreds of residents and children participated. 4. Complete the City Master Plan for Parks. Staff Responsible: Community Development Director Jim Hendryx and Public Works Director Ed Wegner. In addition, City Engineer Gus Duenas is involved in the Summerlake management plan and implementation. April 2000: Most of the current year projects included in the implementation portion of the Park System Master Plan are being carried out. Funding shortfalls have delayed the implementation of two projects (upgrade playgrounds and fenced dog park) on the 99/00 list. Staff will update Council on April 11 on the status of park projects, potential land purchases, and available grant funding. Goals Update Page 10 December 2000 June 2000: The City lacks an adequate budget to fully implement the Parks System Master Plan's recommendations for 2000- 2001. The expansion of Cook Park is underway and several land acquisitions are pending. Several other ambitious projects, such as the Tualatin River pedestrian bridge and the development of two new neighborhood parks, recommended in the Master Plan for current year implementation have had to be postponed due to funding shortfalls. September 2000 The Main Street and Fowler School segments of the Fanno Creek Regional Trail are nearing completion. Both segments included the installation of pedestrian bridges. Two properties, the 0.6 acre Lund and the 11.3 acre Brown properties have been added to the City's parkland inventory. ODOT currently is implementing the wetland creation and enhancement portion of the Woodard Park Expansion Plan. This work will be completed in November. A citizen's focus group has been formed to search for suitable temporary and permanent fenced dog park sites. The Park Master Plan identified the need for three such sites. The Cook Park wetland mitigation project is underway with the completion of the plantings by October 12, 2000. All plans and specifications for future construction projects at Cook Park should be completed by November 15, 2000. At Jack Park the new playground equipment and ground cover have been installed. The City is working with the neighbors and PGE on a lighting project. The City is also getting quotes to fence the area by the apartments to keep residents from driving into the park. Goals Update Page 11 December 2000 December 2000 The Main/Ash and Tigard/Tiedeman segments of the Fanno Creek trail have been completed and open to the public. A temporary fenced dog park has been established on the site of the former residential property located at 12770 SW Ash Avenue, between the Operations and City-owned CPAH properties. The water district has agreed to allow the City to establish a second temporary dog park on the grounds of the reservoir property located at 125th and Bull Mountain Road. A neighborhood meeting required as part of the Conditional Use process for the dog p, -k is set for January 8, 2001. The Cook Park wetland mitigation project, intended to compensate for the future disturbance of wetlands located within the proposed new parking area and the 85th Avenue emergency access ROW, has been completed. A swing set has been installed in the new Northview Park. 5. Determine the City's long-term water supply. Staff Responsible: Public Works Director Ed Wegner April 2000: The City along with its Intergovernmental Water Board members is presently looking at the following three long- term water supply options: Portland Water Bureau The wholesale water group has hired Paul Matthews of Integrated Utility Group to negotiate with the Portland Water Bureau on the wholesale water contract. Tigard's proportionate share of the contract is $23,101. There is no target date at this time for a report from the consultant. Goals Update Page 12 December 2000 o Joint Water Commission The Joint Water Commission has hired Economic and Engineering Services, Inc. (EES) to work on their facility plan and cost allocation study. After JWC reviews this information they will forward it to Tigard for review. ♦ South Fork Water Commission The South Fork Water Commission has voted on continuing to study the idea of equity ownership and is preparing an RFP to move forward with this study. Once the RFP has been approved, and a contract issued, Tigard will know what their proportionate share of the project will be. At this time, there are no target dates for these matters. June 2000: o South Fork Water Commission a. A consultant has been hired to review permitting and other regulatory rules to make sure the plant expansion could be a reality. b. The consultants are preparing for a staff workshop in mid-July to hear issues and criteria for each agency. c. In mid-September an elected officials workshop will be held to discuss these needs and begin developing a memorandum of understanding to continue. if feasible, with this source. o Portland Water Bureau a. Integrated Utility Group has reviewed reports on water rates, demands forecast, and developed a model to use in assessing the Portland proposal as it pertains to economic impacts. b. We are still awaiting a first draft outlining contract concepts from the Portland Water Bureau. We were told the document would be available by the end of June. As of June 28, 2000, we have not received the document. Goals Update Page 13 December 2000 e Joint Water Commission a. Economic and Engineering Services, Inc. reviewed the Joint Water Commission Facility Plan with the Intergovernmental Water Board. The cost of the allocation portion of the study is ongoing, b. Joint Water Commission partnering meetings have been held with staff and I anticipate that at the July 14, 2000, meeting the Joint Water Commission will be making a preliminary decision on the feasibility of allowing Tigard into the Joint Water Commission for both short- and long-term water supply. actively exploring various options and we have been included. September 2000 s Portland Wholesale Contract a. Portland met with the wholesale contractors on 7/26/00 to present a "straw man" contract b. Wholesale contractors are meeting regularly to prepare our thoughts and concerns c. Wholesale contractors will be presenting our suggestions and contract objective to Portland staff on October 5, 2000 e Joint Water Commission At the July 14, 2000, Joint Water Commission the following recommendations were approved: - Authorize the Joint Water Commission General Manager to provide a water sales agreement for the remainder of the 2000 calendar year. - Direct staff to develop an Intergovernmental Agreement (IGA) for Tigard to become a participant with a built-in termination if additional source water can not be developed. - Direct staff to move forward on researching and planning for the development of additional raw water source. Goals Update Page 14 December 2000 ♦ South Fork/Clackamas River Water Supply a. Staff from participating agencies reviewed "fatal flaw" findings from regulatory agencies. No fatal flaws were discovered. b. A draft memorandum of understanding (MOU) is being circulated between participating agencies for adoption. c. The MOU states that signatories are interested in developing an IGA with timetables explained and some engineering. By approving the MOU, the City is not bound to sign the IGA. December 2000 December 2000 progress on goal achievement for options is recapped below: Portland Portland requests a smaller negotiating team from the wholesale group. Tigard participates with the cities of Tualatin, Gresham, Rockwood PUD, TVWD and West Slope water District in hiring the negotiating team of Paul Matthews (IUG), Phil Smith (MSA) and Clark Balfour. Clackamas River Water Supply Tigard enters into a Memorandum of Understanding with the potential participates of an expansion on the Clackamas River. Joint Water Commission a. JWC directs their staff to develop an MOU for Tigard to become a participant with a built-in termination if additional source water cannot be developed. b. JWC directed its staff to move forward with researching and planning the development of an additional raw water source. c. Bureau of Reclamation begins Scoggins Dam Feasibility Study. Goals Update Page 15 December 2000 6. Establish an annexation policy for the City. Staff Responsible: Community Development Director Jim Wendryx April 2000: Island areas of Walnut Island have been approved for annexation and will come into the City on May 17, 2000. Staff is in the process of developing a strategy to address Bull Mountain and "non-island" areas of Walnut Island to present to Council. Council is scheduled to discuss the annexation policy on April 25, 2000. June 2000: Staff presented annexation options on May 23, 2000. Council directed staff to further research annexation options, especially in terms of staff resources and public outreach. Staff is following up on getting more detailed information on what this approach entails. September 2000 Staff is following up on Council's direction to do further research on resource and public outreach needs for a Bull Mountain annexation process. Goals Update Page 16 December 2000 December 2000 Due to workloads and other priorities, no further progress has been made on this goal. 7. Encourage and support private sector programs to rehabilitate housing which will be offered for rent at affordable rents, resulting in a safer environment for the tenants (public safety, fire, life, sanitary). Staff Responsible: City Manager (Bill Monahan April 2000: On March 28, 2000, the City Council approved the request of Community Partners for Affordable Housing to grant a tax exemption. This is the third annual exemption granted by the City for the Villa La Paz property. Sheila Greenlaw- Fink of CPAH also reported that they have submitted an application for funding for the construction of new housing at a site in the northeast section of Tigard. That application is now pending review. CPAH is also interested in obtaining additional existing housing to manage for lower income residents. The agency hopes to balance their property ownership with a mix of existing and new housing before undertaking another acquisition and rehabilitation project such as that undertaken at Villa La Paz. June 2000: Community Partners for Affordable Housing (CPAH) has received preliminary funding apprcval from the State of Oregon for new construction of affordable housing at a site on Greenburg Road, in the Washington Square Regional Goals Update Page 17 December 2000 Plan area. Community Development staff is working with CPAH to determine the appropriate way to process a request for land approval to develop the units. Among the options are a comprehensive plan change, an interpretation, or completion of the implementation elements of the Washington Square Regional Plan. September 2000 Community Partners for Affordable Housing (CPAH) has applied for a comprehensive plan amendment and rezone to allow the construction of a 26 unit housing development. The Planning Commission will consider the application on September 18, 2000, with final motion scheduled before the City Council on September 26. CPAH's funding could be at risk if a decision is not final in early October. On September 1.9, the City Council discussed strategies to promote the development of affordable housing. The Council directed staff to return with specific recommendations and prioritization of strategies. December 2000 The City Council approved an ordinance and final order in October for the Village at Washington Square, a proposal of CPAH. CPAH has received a commitment of federal funds -to assist in the construction of this 26 unit development. Community Development is reviewing strategies to promote affordable housing. Specific recommendations will be presented to the City Council in early 2001. Goals Update rage 18 December 2000 8. Develop a demonstration bus program for Tigard intra-city services to be submitted to Tri-Met for consideration in 2000. Staff Responsible: Community Development Director Jim Hendryx April 2000: Community Development staff has met with Tri-Met staff as well as the Westside Transportation Alliance and others to discuss the possibility of providing bus service throughout Tigard, to serve those areas that have populations which would benefit from service. A meeting was held on January 20, 2000, where the Oregon Office of Energy provided information on programs that could be of benefit to Tigard residents. At the close of the January 20 meeting, Tri-Met staff offered to help City staff to develop a transit needs survey which will be placed in the June, 2000 Cityscape to assess the need and interest of the community for developing demonstration bus service. Staff will be presenting a draft Community Transit Needs survey for City Council review and approval at the April 18 City Council workshop meeting. The revised survey will then be included in the June Cityscape for City residents to fill out and return to the City Planning staff. June 2000: Staff presented the transit needs survey and made changes to the survey as per Council direction. The transit needs survey appeared in the June issue of Cityscape. The results of the survey are now being tabulated. Goals Update Page 19 December 2000 September 2000 The results are tabulated. City staff is working with Tri- Met staff to survey Tigard's Hispanic community. Tigard staff will be returning to Council and briefing them on the survey results. Staff has also been meeting with Tri-Met and the Westside Transportation Alliance and actively pursuing funding for Welfare-to-Work, which enables low income Tigard residents the opportunity to get to their jobs. December 2000 Ride Connection brochures have been developed and dispatch services have been contracted for to begin service in mid-December. On December 18th, staff contacted Dennis Grimmer and the managers of bus stop programs to address the trash around the bus shelters on Hall Boulevard and Bonita Road. We will continue to contact Tri-Met with specific requests. Goals Update Page 20 December 2000 Task Ugdate The 2000 Goal Setting also resulted in creation of tasks to be completed in 2000. The status of these tasks is as follows: 1. Support development of the Washington Square Regional Center Plan -a task force developed a plan that is now before Council for action in February. Further work on the need to coordinate the improvement of infrastructure at the time of development will be completed. Staff Responsible: Community Development Director Jim Hendryx April 2000: Council approved the Zoning and Comprehensive Plan Amendments with delayed implementation until issues of storm water, open space, and funding of infrastructure are addressed. Staff is currently working on developing a scope of work to address these issues. June 2000: Staff completed scope of work for the implementation grant funded by both the State and City. The City has recently issued a Request for Proposal (RFP). Staff is in the process of selecting a team of consultants and finalizing the contract. Goals Update Page 21 December 2000 September 2000 The consultant team of Spencer and Kupper, Kittelson & Associates, and Cogan/Owens/Cogan was the only respondent to the RFP. City staff is working with the consultants and ODOT staff in finalizing the work contract. December 2000 The contracts have been finalized with the consultants and a work program has been established. The first reconvening of the Task Force was held at 6:00 p.m. on December 14th in Town Hall. At that meeting, the Task Force was briefed on their roles and responsibilities and asked to participate in Technical Advisory Subcommittees that will explore the implementation issues in detail. We have also received 18 applications from members of the public to participate in the Technical Advisory Subcommittees. Those meetings will begin early in 2001. 2. Expand the use of the City's web page - the City made significant strides in 1999 and will place even greater emphasis on using the web page as a communication tool in 2000. Staff Responsible: Finance Director Craig Prosser April 2000: Nancy Lof, Information Processing Technician, has attended additional training on web site technology. New software was purchased to optimize photographs, which allows faster user load times when accessing our site. For an example, the City Council page was redesigned with this new software. Goals Update Page 22 December 2000 An internal Web Steering Committee has had an initial meeting. One representative from each department attends meetings on a quarterly basis and works with Nancy and their departments to continuously review, update, and expand use of this communication tool. Examples of changes and uses of the web site include: r Updates of the progress (and meeting announcements) of the Transportation Bond Task Force. New links added; i.e., to ODOT. New maps available for public view. ® A welcome message to the newly annexed Walnut Island residents. e News releases. Local, county, and regional governments are working to assist one another to develop links and explore new developments in this technology. Metro is coordinating a schedule of meeting topics; staff will monitor this schedule to determine whether a representative should attend. June 2000: The Web Steering Committee has been meeting monthly to provide direction for the growth of the web site. A draft philosophy statement has been completed and is being readied to forward to Executive Staff for review. The Committee has also developed a list of needs for the City. The Committee will be prioritizing the list, however it appears the need for a web site search engine and interactive forms are top priorities for all departments. Office Services staff did a presentation on the web site for Council. Council suggested adding a search engine, council e-mail links and a consistent header on each page to enhance the web site. Following up on the suggestions, Goals Update Page 23 December 2000 Council e-mail links and web page headers have been completed. Nancy Lof is researching different options for search engines and we anticipate the search engine being added this year. Areas of the web site that have been added or updated: ■ The Balloon Festival information was posted on the web site. Hits for the first two Saturdays of the month were pretty typical (28 - 30 hits.) The Saturday of the balloon festival there were 114 hits. Current park projects along with pictures are being posted. Agendas for Planning Commission and Hearings Officer meetings are being posted. Department' have also updated their web site and more forms are available on-line. Staff is reviewing the options for on-line lien searching. September 2000 The Web Committee has continued to meet to discuss how to manage the growth of the City's web site. After prioritizing the departmental needs and interests, Paul deBruyn was brought into the discussion to help us determine the best way to meet the Committee's goals. A major area of discussion has been whether we can get the needed expertise through contracting with a vendor or if an in-house position is needed to monitor and direct the site's growth. Mr. deBruyn recommended an in-house position. Web Committee members have been working on the position justification and a job description. The information will be forwarded to management this next quarter for consideration. Goals Update Page 24 December 2000 The Web Committee's proposed policy on posting information on the City's web site for non-profit organizations went before Executive Staff. It was decided that for the present time only events that are City- sponsored will be posted. o New additions to the web site include: o Working in conjunction with PGE - one-stop utility shopping e Posting of bid advertisements o Complete Tigard Municipal Code in on-line o Opinion poll for Visioning o New look for the Library's calendar December 2000 The Web Committee completed the recommendation for a web architect position and has submitted it to upper management. After reviewing the pros and cons of hiring an employee versus using a contractor, the Committee determined a full time employee is needed to move the City toward the more technologically advanced functions that have been identified. Other benefits identified include: ® An employee with the knowledge and skills we have recommended will contribute to the coordinated and systematic growth and development of our site; Programming and architecture of the system will be more consistent working with one person. o Issues related to emergency response are reduced to the employee's days off. We anticipate the cost of a full-time employee will be significantly less than hiring a contractor. The tasks or functions identified by the Web Committee are attached T he City's webmaster, Nancy Lof, continues to be active in the metro area Web Summit Group. She has also scheduled a web-related class for next quarter. Goals Update Page 25 December 2000 "WEB SITE WISH LIST" Finance Departmen 1. On-line payments (U.B., Court, Lien search) 2. On-line business tax through E-connect 3. Search Engine 4. Franchise information and forms 5. Electronic applications 6. Parks and room reservations 7. Scrolling daily calendar 8. Bulk notice via e-mail Engineering 9. FAQ (Search Engine) 10. As-builts (in Magic) - possibly through WA County Geonet 11. Forms Library ].2'. Forms 13. Rotating calendar 14. E-mail questions, tied to library cards to keep in district questions only Police Department 15. On-line crime report form 16. Chat forum 17. Apartment incidents on-line 18. Neighborhood crime mapping Community Development 19. Following items can be purchased through Tidemark (e- connect) for a total cost of $35,000: Look up parcel and zoning information Check permit status Public comment on development proposals Apply for OTC permits (no plan review involved) Request inspections Schedule pre-app (tie in with reservation process) On-line building permits and plans Goals Update Page 26 December 2000 Administration 20. Titles 1-15 with embedded search 21. Forms-volunteer and noise permits 22. Scrolling calendar 23. Photos- thumbnail on home page 24. Interactive council meetings Planning 25. Interactive online internet mapping 26. Features: Allowing users to pick and choose the combination of GIS layers which are displayed Allowing users to display their own data 27. The ability to display and query tabular information 3. (New) Strive for implementing a paperless Council meeting in 2000. Staff will investigate the steps involved to convert to Council use of notebook computers, receiving Council packet information via the internet, rather than the present Council packet materials. Staff Responsible: Network Services Director Paul deBruyn and Canty Wheatley April 2000: Paul deBruyn and Cathy Wheatley met to review ideas for transitioning to a "paperless City Council meeting packet." Paul is in the process of identifying equipment needed (for example, should we purchase laptops for each City Council member) and the best way to transmit the City Council packet to the City Council members. Paul and Cathy are also reviewing what other cities are doing in this area. Goals Update Page 27 December 2000 June 2000: At the May 16, 2000, Council meeting, it was decided that the first step towards automating the routing of information to the Council be the addition of e-mail links on the City web site. As a result of that meeting, we have added an e-mail link for each Council member. Mail from citizens to Council members via these links are routed to Cathy Wheatley with the individual Council members name specified. Cathy Wheatley receives the mail and reroutes or takes action as needed. September 2000 Paul deBruyn has installed a document scanner for primary use by the Finance department, but with an automatic document feeder attached. This will enable the operator to insert up to fifty sheets of documents to be scanned and the feeder will scan each sheet automatically. This will vastly decrease the labor and time required to scan in the various documents that are included in the Council packet. The City's Computer Services staff has prepared a laptop for use by a Council member who will participate in our trial period. We are working with a web vendor for assistance in the modifications to the web page to execute a download procedure. Cathy Wheatley attended the Oregon Association of Municipal Recorders Conference in September 2000. One of the sessions was devoted to "Technology in the Recorder's Office" and a portion of this session dealt with the "'paperless Council packet." The City Recorders from Bend and Redmond shared their experiences. Both of these cities publish packets electronically, which are available on the Internet. Here are some highlights of that presentation: It appears that it is best if the packet can be published in a "text based" format. The City of Redmond uses Adobe Acrobat for the download reader. Goals Update Page 28 December 2000 During a "transition period" a hard copy of the Council packet is still needed for some users. s Because the packet material is available on the Internet, other interested parties (including citizens, attorneys, City staff) can download those portions of the packet that are of interest to them. a A hard copy still serves as the "record copy." e No cost savings are realized. Once the system is online, staff time and costs for packet preparation are about the same because of initial input of data (i.e., scanning and formatting), support, and maintenance needs. However, the advantage is that the information would be available to anyone with computer access. Laptops will need to be purchased for each of the Councilors along with two power adapters; one for home use and one available at City Hall. e Councilors can have the ability to write notes for agenda items and then "bookmark" them for quick accessibility. ® Open meeting law requirements and public record requirements must be followed. For that- reason, Redmond did not install e-mail access for their Councilors. Also, there are a number of other questions and issues that can and will be resolved. For example, how would staff members access Council packet information? Would it be necessary to have a number of laptops at the Council meeting for staff members as well, or will hard copies of the packet still be necessary? The City Recorder will continue to work on this goal during the last quarter of 2000 with City staff and seek assistance from the experience of other cities that use a paperless council system. The target for implementation is during the second quarter of 2001. Goals Update Page 29 December 2000 December 2000 On December 19, 2000, the majority of Council indicated that staff should move forward with the paperless Council project. Staff will concentrate on developing the internal processes for a prototype for a Councilor to use in the first quarter of 2001. \\TIG333\USR\DEPTS\ADWCATHY\COUNCIL\GOAL UPDATE - 2000.DOC Coals Update Page 30 December 2000 AGENDA ITEM # 3, Z FOR AGENDA OF January 23, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution setting Telecommunications Franchise Application Fees PREPARED BY: Craig Prosser DEPT HEAD OK A CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Council set a fee of $2,000 for applications for a City of Tigard telecommunications franchise? STAFF RECOMMENDATION Move to adopt the resolution to adopt the fee. INFORMATION SUMMARY City Code section 5.14.080 (adopted December 23, 2000) requires applicants for City of Tigard telecommunications franchises to pay an application fee. This section further requires the City Council to set this fee by resolution. This resolution sets the Telecommunications Franchise Application Fee at $2,000. This fee is non-refundable. The fee amount was determined by calculating the hourly rate for the City's Finance Director (who reviews all applications, negotiates terms, and prepares an agreement for approval by the Council), add 22% for materials and services necessary to support this work, and then adds an additional 15% for City administrative overhead (City Manager, Human resources, accounting, etc.). The resulting hourly rate was then multiplied by an estimated number of hours necessary to process the average telecommunications franchise. In this instance, the estimated hours are 32. At this time, the estimate of hours is just that. The Finance Director has not been tracking his time by application. Over the coming months, he will track his time informally to verify this estimate. If there is a significant variation from this estimate, staff will return with another resolution to adjust this fee. OTHER ALTERNATIVES CONSIDERED Council could choose to set the fee at some other level. The $2,000 fee was chosen, however, as reflecting the best estimate of time actually spent processing these applications. This fee is also comparable to the fee recommended by the Metropolitan Area Communications Commission in its model telecommunications ordinance. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NA ATTACHMENT LIST None FISCAL NOTES Staff is aware of six telecommunications companies seeking franchises in the Portland metropolitan area. If all six companies seek franchises from Tigard within the coming year, this fee will produce $12,000 for the General Fund. . v AGENDA ITEM # 3 3 FOR AGENDA OF 1/23/01 ISSUE/AGENDA TITLE CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY PREPARED BY: Duane Roberts DEPT HEAD OK / CITY MGR OK LA *0--" ISSUE BEFORE THE COUNCIL Should the City pursue the acquistion of certain available land for park purposes? STAFF RECOMMENDATION Council decline to consider the property and authorize the Community Development Director to so advise the owner's representative in writing. INFORMATION SUMMARY In December, the City received an attorney letter (see attached) offering to sell all or a large portion of an 18-acre property generally located on Bull Mountain bordering the powerline corridor (map attached). As explained in the attached letter, the offer to sell to the City is part of a negotiated withdrawal of an appeal by surrounding homeowners opposed to the development of the 78-lot Pacific Crest Subdivision on the land. The sale price is $2.3 or $3.45 million, with the higher price including three existing homes on lots. For reasons related to the withdrawal agreement, the owner's representative has requested a formal Council response to the sale offer. The property in question is not identified in the City 1999 Park and Open Space Master Plan. Moreover, as a practical matter, the asking price far exceeds the City's budget for park improvements. For these two reasons, staff recommends against any consideration of the property. The Public Works Department has reviewed and concurs with this recommendation. OTHER ALTERNATIVES CONSIDERED Pursue all or a portion of the property. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management, Goal #1 - Accommodate growth while protecting the character and livability of new and established areas. ATTACHMENT LIST Letter dated 12/11/00 to Duane Roberts from John Rankin, LLC Pacific Crest Subdivision Vicinity Map Letter dated 12/20/00 to John Rankin, LLC from Jim Hendryx FISCAL NOTES No funds have been budgeted for this project. The asking price is $2.3 to $3.45 million. The lower price equates to $121,000 per acre. i/citywide/parks.pacif ccrest.doc JOIN A. RAN KIN, LLC. Attorney at Law 26715 SW Baker Road Sherwood, Oregon 97140 (503) 625-9710 / Fax (503) 625-9709 email: john®johnrankin.com December 11, 2000 Duane Roberts, Long Range Planner Planning Division City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Request to Consider Enclosed Sales Offer Pacific Crest Subdivision Seventy-Eight Lot Subdivision With Preliminary Approval by City of Tigard Dear Duan berts: Please find enclosed the following documents and marketing packet for the above described Pacific Crest Subdivision Property: 1. Original application packet for Lot Line Adjustment Subdivision and Sensitive Lands Application dated July 12, 1999, revised January 6, 2000. 2. Notice of Decision of Preliminary Approval of Pacific Crest Subdivision by the City of Tigard, dated April 18, 2000. 3. Pacific Crest Subdivision Mapping: a. Vicinity, Lot Line Adjustment and Partition Plat b. Existing Conditions C. Preliminary Plat d. Preliminary Street Plan and Profile (four sheets) e. Grading Plan (three sheets) f. Preliminary'Master Utility Plan g. Tree Removal and Preservation Plan h. Composite Tree Inventory (two sheets) i. Street and Tree Landscaping Plan j. Future Street Plan We represent the three owners of those properties which comprise the Pacific Crest Subdivision: Constantin and Adriana Costiuc, Bob and Sally Erickson, and Mike and Jeanne Davis. After receiving approval for a Lot Line Adjustment, Subdivision and Sensitive Lands Applications on April 18'', 2000, the City's approval was appealed to the City's Hearings Officer. We negotiated a withdrawal of that appeal and recorded a Development Agreement at Washington County Recorder's Office which provides that prior to the owners' acceptance of a purchase offer from a private person or entity, the owners must offer the property for sale to those public municipalities and non-profit entities that may be interested in purchasing the property for park, open space, and/or conservation area purposes. The property owners have established an asking price, based on the City's approval for a seventy-eight lot subdivision, of $2.3 million for all of the vacant lots, exclusive of the existing houses and proposed lots as shown on the Preliminary Plat enclosed with this letter. The owners have also established a $3.45 million sale price for all vacant lots including the three existing homes on lots. We are forwarding this information to you for your review and consideration of this sales offer. If you and your organization are not interested in purchasing the property for its highest and best use fair market value, please send me a letter stating that you are not interest in purchasing this property along with a brief statement of reasons why. If no public municipality or non-profit entity is interested in purchasing Pacific Crest Subdivision, tlltli the owners will market and sell the property to a developer for final platting and construction of all required public improvements and develop the property with new single family detached homes. If you have any serious interest in purchasing the Pacific Crest Subdivision property or have any questions or need additional information, please call me. Very truly yours, N A. RANKIN JAR/amm Enclosures: As noted above. PC: Constantin & Adriana Costiuc Bob and Sally Erickson Mike and Jeanne Davis Len Schelsky, WestLake Consultants, Inc. \\NORTH\\VORKi NG_DOCS\CLI ENTS\Pacifi c CrestTacketCo verLetter. doc 2 ~ ~ I I B I ~ Q I I O~,•o~--oo~ I I ! ® I ! ® ~ I w oooo L U v I ®®ooo® I I o®oooo . o I ` ' I I o• v~ C', o• v I cA I - Z w I I ~ I ~ I _ _®.vev"v, Q I I I m asa cn v~ aC I W I ME I an u LO ) - c N ®L X- to U,>C ~30 vim 5 L3MOd TnIA3NNOB Q Y 2 ,w N K Z 3A u„ M 3 w~ w :u a M31MVW S• 4 3A N Is : 0 O °T=saE ~ ~ a O C ®Z U 95„ g ~T ~E o 2 3g December 20, 2000 John A. Rankin, LLC. 26715 SW Baker Road Sherwood, Oregon 97140 Dear Mr. Rankin: NZCI-41140~ This responds to your letter dated December 11, 2000, concerning the City of Tigard's interest in the purchase for park use of the proposed Pacific Crest Subdivision property, generally located between 150th Avenue and the Bonneville powerline corridor. The property in question is not identified in the City 1999 Park and Open Space Master Plan nor in the adopted Park Capital Improvement Plan. Additionally, the asking price far exceeds the City's budget for parkland acquisition. Therefore, my view is that the City would be unable to •consider acquisition of the property at this time. On the other hand, the City would be willing to consider the donation of all or some portion of the property under discussion. As you are aware, a potential land donation may provide tax benefits to your clients as donors. The City would be ready and willing to assist you in obtaining these benefits by providing a property appraisal meeting state and federal charitable donation requirements. Thank you for offering this property for City consideration and for bringing to the attention of your clients the potential benefits of an open space donation. It is important to point out that the above is a staff level response to your inquiry. If you wish a formal response from the Tigard City Council, because of the holidays, the earliest this matter could be scheduled for Council consideration would be January 23rd Please contact Duane Roberts at 639-4171 x 347 by January 9e, should you wish formal Council action on your offer at the meeting on the 23`d. Sincerely, /JAMES N.P. HENDRYX Director of Community Development I/Irpn/dr/rankin.letter 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 e ddl iwo AGENDA ITEM # 3A FOR AGENDA OF January 23, 2001 CITY OF TIGAR.D, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Complete Council Liaison Appointments to Various Boards and Committees PREPARED BY: Cathy WheatleyCal" DEPT HEAD OK CITY MGR OK I/L ISSUE BEFORE THE COUNCIL Council to decide how appointments to various boards and committees will be assigned. STAFF RECOMMENDATION Decide upon Council liaison appointments to those boards and committees that Council determines that the City should be involved and participate. INFORMATION SUMMARY On January 16, 2001, during the Council goal-setting meeting, the Council will review the various boards and committees or organizations the City is involved with now. The purpose of this agenda item is to formally acknowledge the liaison assignments agreed upon by the Mayor and Council. Additional information will be prepared after the Council discussion of these appointments on January 16, and a summary will be prepared and distributed to the Council prior to the January 23, 2001, Council meeting. OTHER ALTERNATIVES CONSIDERED Postpone because additional time is needed for consideration or review of what commitments may be needed for identified liaison roles. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST None. FISCAL NOTES N/A I:\ADM\CITY COUNCIL\COUNCIL AGENDA ITEM SUMMARIES\COLINCIL LIAISON APPTS.DOC Agenda Item No. Meeting MEMORANDUM TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder RE: Council & Staff Liaison Appointments DATE: January 23, 2001 Attached is the updated Council & Staff Liaison Appointments list as updated by the Council during the January 16 City Council Meeting. This item is shown as an approval item on Consent Agenda 3.4 for the January 23, 2001, City Council meeting. I:\ADM\CATHY\000NCIL\MEMO - BOARD & COMMITTEE APPTS 010123.DOC 11proved Lop-M C~Clcll r16Y~s - t.u- IMN O N C'1 N w C. Cd co b O o a u o a Y Y Y = S ~ d . ti N O c 0 0 o CL a a c~ U d d d I dd O O y~ Y a O ~ d ~ N v i - a _ =c C a C C a L pip C in Y N OL C } 3 O o COl Qa o o 0 0 0 i p z d 3 L c } c 0 y O ~A L d a y v v t 0 L p S O X d p7 a d c L 1 } 'n N H- ° -0 p X u Q W C _ S LC. 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N 0 3 C 0 LL V O V e n m V 4- C L Q 4) Y V) C N 4- 0 4- u O Qi 46 o1 N d Q O M- a 1 4= o y ii LJJ O > N C _ C C C d O E- d of _ . .E E ` = 01 im d dam' d > 3va o c 3vv o cc vi U i o e v - ~o - 3 N Q1 a CL } a N } C .n a a O 0 4- a V) V C V AGENDA ITEM # 4 FOR AGENDA OF 1- a 3, [ 4 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE W, CITY MGR OK PREPARED BY: L. Newton/L. Mil'.s _ DEPT HEAD OK - ISSUE BEFORE THE CQjjNCIL Presentation to the City Council and the community of the Tigard Beyond Tomorrow Vision 2000 Annual Report STAFF RECOMMENDATION No action necessary. This is a presentation of the finished report. INFORMATION SUMMARY Every year, as part of the Tigard Beyond Tomorrow vision, a report is issued that highlights the progress over the year toward accomplishing the goals set forth in the vision document. In 2000, for the first time in the process, the Vision Task Force also reviewed, and in some cases, modified and added to the goals in the six target areas. As in past years, two reports wll be issued. One, a summary report containing all of the goals and brief progress summary on goal achievement for each target area, will be distributed as an insert in the February 2000 CITYSCAPE. The more detailed report contains the strategies and action plans with timelines developed by the Action Committees along with the revised goals and we year 2000 progress summary. Copies of the detailed report are available to citizens upon request by contacting Loreen Mills (loreen@ci.tigard.or.us.) or Liz Newton (liz@ci.tigard.or.us) at 503-639-4171. OTHER ALTERNATIVES CONSIDERED Delay the report presentation to a later date. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY All of the Tigard Beyond Tomorrow goals and strategies are addressed in the detailed report. ATTACLR ENT LIST No attachments. Copies of the report will be presented at the meeting. FISCAL NOTES There is $1750.00 in the FY 00/01 for printing both the summary and detailed reports. The total cost for both will be approximately $1600.00. f ~dv~c~cctf Ti gard beyond Tomorrow 2000 Annual Report and Goal Update Goal Update 2000 Annual Report T G T 0 ~l A R D 0 j E R '6~ y 0 R 0 D W What is Tigard Beyond Tomorrow? Tigard's 20 year vision process be- gan in the fall of 1996. During 1997 armed with the results of a commu- nity-wide survey, 35 community members developed a 20 year vision and goals for each of six target areas The six target areas, Community Character and Quality of Life, Growth and Growth Management, Public Safety, Schools and Educa- tion, Transportation and Traffic, and Urban and Public Services were de- veloped to capture the issues raised by the citizens in the survey. Six ac- tion committees, one for each target area, then developed strategies and action plans for accomplishing each goal. Each year an annual report to citizens has been issued that reports on the progress made toward goal achievement. A commitment was made to update the vision on a regular basis and to conduct a community-wide review of the vision to ensure that Tigard Beyond Tomorrow stays on track with the changing times and desires of our community. In the spring of 2000, the Vision Task Force met to hear updates on issues in all six target areas and pro- vide input for two opinion polls. The 2000 opinion poll was distrib- uted in two segments in the City's newsletter, Cityscape, in May and June. The opinion polls focused on parks and recreation, library ser- vices, transportation, and growth is- sues. In October 2000, the Vision Task Force met to review the opin- ion poll results and modify and add to the goals in each target area. The Action Committees for each tar- get area met in November to review the progress made toward accom- plishing the goals in 2000, and to re- view the Task Force goal modifications and additions and de- velop some strategies, action plans, and timelines for accomplishing those goals. This report is a summary of the 2000 goal update and the progress made over the last year toward accom- plishing the Tigard Beyond Tomor- row goals. Modifications to the existing goals, new goals added, ma- jor I,iemes and year 2000 progress are bolded in the following pages. To obtain a copy of the detailed re- port containing strategies, action plans and timelines for each goal in each target area, contact Loreen Mills or Liz Newton at 503-639-4171. What's Next? Over the next year the City, Tigard-Tualatin School District, and Tualatin Valley Fire and Rescue will be working together to address the action plan items in each target area. A 2001 progress report will be is- sued in January 2002. The next Vi- sion update will take place in 2003-2004. If you are interested in getting in- volved in the Tigard Beyond Tomor- row Vision process, please contact Loreen Mills at loreen®ci.tigard.or.us or 503-639-4171, ext. 327; or Liz New- ton at liz@ci.tigard.or.us or 503-639-4171, ext. 308. a Urban and 2. Public services C"nmwtty Characterard s e Quality of Life S Oali' Growth and Gm,lh. Mana;enent - Vision 2000 Annual Report and Coal Update - COMMUNICATION #1) Citizen involvement opportu- nities will be maximized by pro- viding educational programs on process, assuring accessibility to in- formation in a variety of formats, providing opportunities for input on community issues and estab- lishing and maintaining a program of effective two-way communica- tion. (goal moved from Volunteerism) VOLUNTEERISM #1) City will maximize the effec- tiveness of the volunteer spirit to ac- complish the greatest good for our community. DOWNTOWN #1) Provide opportunities to work proactively with Central Business District (CBD) businesses and prop- erty owners and citizens of Tigard to set the course for the future of the central downtown area. COMMUNITY EVENTS #1) Develop overall approach for sponsoring community events that establishes balance among popular #1) Growth is accommodated while protecting the existing char- acter and livability of established areas while providing for natural environment and open space throughout the community. #2) Urban services are provided to all citizens within Tigard's urban growth boundary and recipients of services pay their share. #3) Partnerships for advocacy and preservation of affordable housing are encouraged and supported by the City and the community. #4) Local and small businesses are encouraged as an important part of our community and economy. or traditional standing events, re- quests for support of new events and limited City resources. #2) On-going community-events are financially self-sufficient long-term. COMMUNITY AESTHETICS #1) Develop strategies to balance needs of new and infill develop- ment with need to provide protec- tion of open space, natural areas and other defined aesthetic quali- ties valued by those who already live and work in Tigard. 2000 Progress Summary: Progress was made in all of the goal areas. Highlights include placing new cable equipment in the Council chambers so that more City Council meetings (and meetings in general) can be ~d Qyor cable-aired. Council decision information is posted on the City's web site and in the Cityscape newsletter. Volunteerism hours continue to increase and all City departments receive as- sistance from volunteers. TheCITprogram was monitored throughout the year and format changes to the meeting were instituted; CIT meetings are now cable-aired. Council continues to follow the ele- ments of the philosophystatement developed for City events. A subcommittee of the Budget Committee meets during budget review time to make recommendations on requests for contributions to events. The Council reviewed a draft proposal for sponsorship agreements for those events that are "sponsored events"; a final review of the agreement format will be before the Council in the first quarter of 2001. The Tigard Central Business District Association formed adopted a Mission Statement, became a member of the Oregon Downtown Development Association, and planned and executed two events - one at Halloween and another during the Christmas holi- dayseason. The Cityagreed tomanage a 13-acrepiece ofpropertypurchased by Metro located along Panno Creek near Bonita Road and property located near Tiedeman Avenue. Improvements were planned and/or completed for Cook, Jack and North view Parks. #5) The community is able to effectively partici- pate in decision-making processes because they un- derstand the land-use sys- tem. nr CK i ' 2000 Progress Summary: Planning &growth issues have been addressed in the Washington Square Re- gional Plan that was adopted by Council in the spring of2000. Implemen- tation issues are slated to be addressed early in 2001 with recommendations to Council in the summer. Annexation of Walnut Island was completed in the spring of2000 and future issues of annexation policy will be addressed in 2001. The passage of Measure Tin November of2000has confused the City's ability to address issues ofgrowth and growth management and may slow some imple- mentation measures that require changes to Com- prehensive Plan or Zoning documents. - Vision 2000 Annual Report and Goal Update - lie #1) The community residents, busi- ness owners, and service providers understand their roles through ef- fective communication and work togethe to successfully enhance public safety and emergency ser- vices. #2) Develop long-term, stable funding sources to ensure efficient, uninterrupted public safety and emergency services. #3) The community is trained and prepared for emergencies. 2000 Progress Summary: Enhancement ofNeighborhood Watch areas continues. A busi- ness survey has been completed to determine needs for public TLJ safetyservices. Police have assigned an officer to the downtown business area as their liaison officer. Citizens have access to emergencypreparedness on the City's website at www.ddgard.or.us. Tigard andtheFire Districthavedetiel- oped a plan for emergencypreparedness and will be training* the residents of the community over the next year. #1) Schools, City government and other service providers successfully work together to provide a commu- nity-based recreation activity pro- gram for young people. #2) Educational opportunities for students in Tigard-Tualatin Schools will be maximized- #3) Schools and City government effectively work together to maxi- mize financial efficiencies and de- velop alternative support options. #4) Government policies will per- mit the Tigard -Tualatin School District to prepare for growth and control the quality of services it provides students. #5) School districts ensure effec- tive two-way communication to the community by regularly providing information about school-related issues. 2000 Progress Summary: The Tigard-Tualatin School District successfully submitted a Sdaols local option tax proposal to the voters in May 20010. Commu- nity support for this measure allowed this District to add addi- tional teachers, replace outdated computers, complete needed facility repairs and reinstate some staff training programs cut by Measure 5. The Atfalati Recreation District bond measure was defeated. However, a group of community volunteers continued to pursue providing recreational programs and a community centerfor districtyoungpeople. Volunteerism in the schools continues to increase with Lunch Buddv, SMARTand OASISprogramsproviding support, mentoring and helping children improve their reading skills. Elementary & middle school students partici- pated in extended dayprograms to help them improve academically. Evaluation of future growth needs is being done. Representatives of businesses, social service agencies, churches, the City and schools also joined together to provide assistance for children of families who require assistant outside the social services network. .e wit x d .,t r Tt... s.. > w '1t w..,,:•C®mrn®n - e heroin ' a:..:'~7 j.....i. i~ . -w n y Several common themes emerged during the Vision Task Force review of the vision goals and target areas. Communication was discussed in all target areas with a focus on the need for service providers to com- municate information about pro- grams and services to the broadest possible audience. Coordination and partnerships were common in several target areas to ensure critical issues are effectively addressed in- cluding the provision of open space, affordable housing concerns, public safety services, and financial effi- ciencies. Volunteerism was also noted in several target areas. The Tigard community is fortunate to have committed citizens willing to give their time and talents to schools, events, and services provid- ers and organizations to accomplish the greatest good for our commu- nity. - Vision 2000 Annual Report and Goal Update - TmosponaMon an #1) Improve traffic safety. #2) Improve traffic flow. #3) Identify and develop funding resources. #4) Alternative modes of transportation are available and use is maximized. 2000 Progress Summary: Progress was made towards achieving all three goals. The draft T .Transportation System Plan (T5P) was completed in February 2000 andisnow rocieedin through the ublic rocessforado hon. The 7X' Walnut/Tiedeman Intersection Realignment project was completed `r in mid-2007. The construction of the Gaarde Street extension to Wal- nut Street was initiated in early 20010 and is now nearing completion. City Council approved a list ofprojects for a transportation bond is- sue that was submitted to the voters in the November2007 election. Although the proposed bond issue was defeated, the projects selected and the 75P (when adopted) form the basis forfuture exploration offunding sources. Thepavement overlay and slurry seal projects implemented during the spring and summer of2000 should provide for better traffic flow through the improved areas. The upgraded Pa vementManagement System (PMS) is now being actively used in planning the annual preventive and corrective mainte- nance on the City streets. Additional speed humps have been installed by the City's street crews on several streets as part of the Traffic Calming Program to reduce actual speed on neighborhood streets while encouraging through traffic to use major collectors and arterials. -r fw 1114 Umah ana ■ YiYPId~' V -w - i LIBRARY #2) A wide range of leisure and #1) Library will have a stable fund- recreation opportunities are avail- ing base for the provision of basic able for the Tigard community. services. #2) A wide array of opportunities for life-long learning are available in a variety of formats and used by the community. #3) Adequate facilities are avail- able for efficient delivery of life-long learning programs and services for all ages. PARKS AND GREENWAYS #1) The City educates and sup- ports citizen efforts to understand the importance of floodplains and how the areas are managed. #2) Open space & greenway areas are protected. RECREATION #1) Create a special parks and rec- reation district with the City of Tigard spearheading the process and maintaining membership for its citizens. WATER a STORMWAMR #1) Actively participate in re- gional development of drinking water sources and adequate, inno- 2000 Progress Summary: vative funding mechanisms to de- velop those sources for Tigard us- ers while exploring local options for water reuse and groundwater sources. #2) Stormwater runoff is effec- tively managed. The Library completed a long range strategic plan. Due to y is not able to add more space restrictions, the librar fee•based programs. City Council formed a New Library _ Construction Committee to investigate building a new facil- ityrather than expanding the current facilit A task force completed an Atfalati Recreation Partnership feasibilitystudyinAugust20100. At the November election, voters defeated the Atfalad Recreation District measure. The task force will meet early in 20101 to discuss and recommend an updated course of action. The City Council and Intergovernmental Water Board (unincorporated area of Washington County [Tigard Water Districtl, King City and Durham) are examining options to provide the service area with an adequate supply of drinking water. Cur- rently the three options we are examining are the a partnership with South Fork Wa- ter Board utilizing the Clackamas River, Lake Oswego and the North Clackamas County Water Commission, the joint Water Commission (Hillsboro, Beaverton, For- est Grove, and TVW17) and a Wholesale contract with the City ofPortland. - Vision 2000 Annual Report and Goal Update - [Ila 1 r~ Z-1 71-1 r 7T7 1a, , ~1 S 2 _ .1~ f } AW Am A= AW - Z~ 1. 1'--I 1 Z~ 96 rL~ _ e~ -1.1. L 1 1 r a t I ra. i ~ Zfi j -{.S iv "t `11t °-1 1°l 1 1 - I -'-1 1_1 -1 . 1 t 1 i~ 1 rL~ 1 AW i y ^ A ♦7 t .tom' ""t", 1 mw w ACW Air - Z t -1 AW rL~. 1r I 1 rl..~ - ~ 1~ l- 1, , ~ 1--~ 1 1_~ 1 ~ ~ 1 ~ ~ ~ ~ t --i - ~ '-1 I --ti"1 ~ 2~ t --t ~ -~-1 ~ _1 '1-~ ~ -'t t. ~ - , ) _ - z " '1 ; , ~ Z~ "'_1 - - ~ ~ . t' ~11 1r ' p I , Sr AGENDA ITEM # FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 5 January 23, 2001 ISSUE/AGENDA TITLE City Council to consider a resolution to establish a tree board. PREPARED BY: Matt Stine DEPT HEAD OK D CITY MGR OK ZY1611_ ISSUE BEFORE THE COUNCIL Shall the Council adopt a resolution to establish a tree board. STAFF RECOMMENDATION For the City Council to adopt the resolution that establishes a tree board. INFORMATION SUMMARY By establishing a tree board the city would be accomplishing one of the four required standards to become a Tree City USA. The tree board is a group of concerned citizens, a forestry department, an advisory board, or an administrative commission. The tree board receives direction from a tree ordinance. Some of the issues a tree board would deal with include: • Review tree planting, maintenance, and removal requirements. • Assist in developing and updating a street tree inventory. • Review existing street tree list for possible modifications. • Assist in selecting tree species for plantings on public property. The City Forester would be involved in all decisions the tree board makes regarding tree issues. The City Forester would develop relationships with people in the communities (through outreach to the Community Involvement Teams) to receive their input on trees issues throughout the City. The City Forester would then take their questions, concerns, or requests to the tree board for review. One duty of the City Forester would be to act as a liaison between community groups or individuals and the tree board, which allows the community's voice to be heard and addressed. The tree board will be comprised of one to three members appointed from the current Planning Commission as well as two to four members from citizens at large appointed by City Council. It would be staff's recommendation that some of the future appointees be knowledgeable of and interested in trees, such as arborists, master gardeners, horticulturists, or landscapers. Input from the community will include ideas from these types of professional people and decisions may be challenged if input is ignored or dismissed. The City of Tigard will benefit by becoming a Tree City USA in many ways such as: • Ecological benefits that trees provide will enhance the City of Tigard as well as surrounding communities. Ecological advantages of trees include wildlife habitat, clean oxygen, air pollution sinks, erosion control, water retention, leaching and filtering out ground pollutants in the soil and water, uplifting human spirits, aesthetic beauty, shade to cool streets, buildings or people in the summer, and windbreaks during the winter. • Tigard will receive national recognition for its dedication to developing, preserving, and protecting its urban forest. • Community involvement in the city's urban forest. People throughout the city can work together to have direct and very beneficial impacts to Tigard's urban forest through developing and executing tree planting projects, ecosystem restoration projects, a city-wide street tree inventory, and numerous other activities and projects involving trees. • The City of Tigard can also use the four standards required to become a Tree City USA as integral guides in planning and further developing the city's urban forestry program. The four standards are intended to encourage citizen involvement with the city government programs to implement an urban forestry plan that suits the entire city. Since there are so many different interests and ideas on how the city urban forestry plan should be developed and carried out, citizen involvement is necessary to ensure that the needs of everyone are met. • Becoming a Tree City USA shows the citizens of Tigard that the city government is committed to protecting and enhancing its urban forest. OTHER ALTERNATIVES CONSIDERED Continue developing our Urban & Community Forestry program without seeking national recognition from the National Arbor Day Foundation. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY By accomplishing the recommendation, the Council would accomplish two Vision Task Force Goals: • Growth and Growth Management- by preserving, managing, and enhancing our street trees, park trees and greenways the City of Tigard is protecting natural resources areas from the impacts of increased growth. • Community Character and Quality of Life- volunteer spirit is an integral part of Tigard's urban forestry plan development and improvement. Volunteers can help plant and maintain trees in their communities, help develop and carry out a citywide street tree survey, help create planting plans in their communities, and numerous other activities to enhance Tigard's urban forest. FISCAL NOTES No funds are required to establish a tree board since the board will be comprised of volunteers. ATTACHMENT One attachment: A Resolution. s s6 4ow eqm~ 0 cam 1 1 ~ x5 a'~t a c ids t n - CO OT - e SOL . f • . 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'Y ` a-~ t~'-`~'u~a~ri.~~~7~'~~.+'t'ty}4'1i4~✓~i.' ~$~y~.4 . ~ 1 ~ I G' 1 O ~ t ~ ~ N •l b t5~ t~ Oz'~,-E• `+~,.r,.~ l~c~•~ E ..}•.5~., ,.._.Yk....i~'-..,.....S1G.t-.1....tYe{.~M:.....•.i...ixt•.w...f~~(i.~.r...r.~t<iwrwN'w.t...uv....6rte..x.~+wd...ww..,.FSW.5.1.r... ~.1~x~.~/"'4~,i..V'Li+li~ ^~1~, _ .{~iYYiliGi•W:i43~::n7 AGENDA ITEM # FOR AGENDA OF January 23, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amendment No I to the Urban Services Intergovernmental Agreement with Washington Col n CITY MGR OK GU/4-f PREPARED BY: A.P. Duenas DEPT HEAD OK ISSi E BEFORE THE COUNCIL Amendment No. 1 to the Urban Services Intergovernmental Agreement (IGA) with Washington County is before Council for approval. This amendment is necessary to reflect the annexation of Walnut Island and ancillary islands, and the changes in road maintenance services within the Urban Services Area. STAFF RECOMMENDATION Staff recommends that Council approve, by motion, Amendment No. 1 to the IGA with Washington County, and authorize the Mayor and City Attorney to sign the documents and forward them to the Washington County Board of Commissioners for further action. INFORMATION SUMMARY The original Intergovernmental Agreement with Washington County was entered into on May 12, 1997. The agreement included the area known as Walnut Island and ancillary islands. The Walnut Island area was annexed effective May 17, 2000 and is no longer covered by the IGA. In addition, effective July 1, 2000, the City withdrew routine road maintenance from the list of services being provided for the Urban Services Area. Pavement overlays, slurry seals and major. capital projects remain as part of the IGA. Because of the changes since the original IGA was implemented, there is a need to amend the original agreement to reflect those changes. Amendment No. 1 amends the original agreement to reflect the changes that have occurred since the original agreement was executed. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The Urban Services IGA addresses the Tigard Beyond Tomorrow Growth & Growth Management target area, Goal #2 "Urban services are provided to all citizens within Tigard's urban services boundary and recipients of services pay their share." ATTACHMENT LIST 1. Amendment No. 1 to the Urban Services IGA with map (Exhibit 1) showing the new boundary (3 originals). 2. Original Urban Services IGA FISCAL NOTES Washington County provides the City of Tigard with funding necessary to provide surface maintenance on the County roads within the Urban Services Area. This funding varies from year to year and is based on a work program developed jointly with the County staff. The funding for FY 2000-01 is in the amount of $112,000. 1ACitywide\SumWmendrnent No. I to Urban Services IGA AMENDMENT NO. I TO URBAN SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND WASHINGTON COUNTY This agreement entered into this day of , 2000, amends the intergovernmental agreement entered into on the 12- ` day of May 1997, by WASHINGTON COUNTY and the CITY OF TIGARD (the "Original Agreement"). WHEREAS, the COUNTY and the CITY have fully implemented the Original Agreement for three years to the best of their ability; and WHEREAS, the CITY has annexed an area known as the "Walnut Island", this area represents a significant portion of the territory included in Original Agreement, and the Walnut Island territory is no longer subject to the Original Agreement; WHEREAS, the COUNTY and the CITY find certain parts of the Original Agreement difficult to implement in a cost-effective and efficient way; WHEREAS, the COUNTY and the CITY find that the Original Agreement does not address certain issues that affect both parties; NOW, THEREFORE, THE COUNTY AND THE CITY AGREE TO AMEND THE ORIGINAL INTERGOVERNMENTAL AGREEMENT AS FOLLOWS: 1. Section II.A.17 is amended to read: "Surface maintenance and improvements of roads within the area; all other routine maintenance shall be provided by the COUNTY." 2. Section II.A.20 is deleted; 3. Section III.C.4 is amended to read: "Perform surface maintenance work for County and public roads and receive payment for such work from COUNTY and URMD as described in Exhibits 2 and 3." 4. Sections III.C.5 and 6 are deleted; 5. Section IV.A.2 is amended to read: "Maintain a separate fund and detailed accounting records for each functional area and funding source covered by this agreement." 6. Exhibit 1 (Map) of the Original Agreement is deleted, to reflect annexation by CITY of Walnut Island, which is no longer covered by this agreement. Exhibit 1 (Map) to this Amendment No. 1 shows the area covered by this agreement. 7. Exhibit 2 (Urban Road Maintenance District) be amended to read: "CITY shall provide surface maintenance (asphalt overlays and seal coats) and improvements of URMD roads (minor collector, local and public) in accordance with the work program to be negotiated each year and the funding provided by the DISTRICT. DISTRICT shall provide all other routine maintenance. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY will forward to DISTRICT those complaints that are beyond the scope of this agreement. CITY shall keep a distinct accounting of all expenditures for repairs and maintenance under this fund. Annually the CITY shall receive from COUNTY an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement and will include the estimated cost of the work plus 8% for project design, administration and inspection. Payment shall be made by COUNTY within sixty days of July 1 each year for the duration of the agreement." 8. Exhibit 3 (Road Fund Maintenance) is amended to read: "CITY shall provide surface maintenance (asphalt overlays and seal coats) and improvements of County roads (arterial and major collector) in accordance with the work program to be negotiated each year and funding provided by the COUNTY. COUNTY shall provide all other routine maintenance and traffic operations. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY will forward to COUNTY those complaints that are beyond the scope of this agreement. CITY shall keep a distinct accounting of all expenditures for repairs and maintenance under this fund. Annually the CITY shall receive an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement and will include the estimated cost of the work plus 8% for project design, administration and inspection. Payment shall be made by COUNTY within sixty days of July 1 each year for the duration of the agreement." 9. Exhibit 4 is deleted. 10. Except as expressly provided in this Amendment No. 1, all other terms and conditions of the original Agreement shall continue in full face and effect. In WITNESS THEREOF, the parties have executed this Amendment No. 1 to the Urban Services Intergovernmental Agreement on the date set opposite their signatures. WASHINGTON COUNTY, OREGON By Tom Brian Chair, Board of County Commissioners CITY OF TIGARD, OREGON By Jam s E. Griffii M or, City of Tigar Date Approved as to form: County Counsel Date 1/?r!(~ /1' • 7 n i ty Attorney ~JL tll.ijl 1 1 URBAN SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND WASHINGTON COUNTY This agreement is entered into this x1 day of _ yy\Q,., , 1997, by WASHINGTON COUNTY, hereinafter "COUNTY" and the CITY OF TIGARD, hereinafter "CITY" both poetical subdivisions of the State of Oregon. WHEREAS, ORS 190.007 provides for the furthering of economy and efficiency in local government and that intergovernmental cooperation is a matter of state wide concern; and WHEREAS, ORS 190.010 provides that units of government may enter into agreements for the performance of any and all functions and activities that a party to the agreement, its officers or agencies have authority to perform; and WHEREAS, Article IV(13)(2) of the Urban Planning Area Agreement called for a study of the transfer of responsibility for certain urban services from the COUNTY to the CITY to determine the cost effectiveness and feasibility of this transfer, and WHEREAS, the COUNTY and the CITY believe it is in the best interest of efficiency and economy to transfer responsibility of certain services to the local unit of government consistent with the objectives of SB 122; WHEREAS, this agreement provides for a newly designed method to provide governmental services, is u:uque to the parties, and is subject to amendment; it is not intended to be used as a model agreement for other jurisdictions; URBAN SERVICES ENTERGOVER,YNMNTAL AGREE,%MNTMGARD/WASH NGTON COUNTY Page I NOW, THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS: 1. AREA AFFECTED BY AGREEMENT A. The area affected by the intergovernmental agreement is defined by Exhibit "1" to this agreement and is hereinafter referred to as the "area." II. DELEGATION OF AUTHORITY A. The COUNTY agrees to delegate to the CITY any and all additional authority that it possesses and which is needed by the CITY to carry out planning, development, road functions and other related activities within the area. The effective date and terms of the delegation of authority are as provided for in this agreement. Among the actions to be authorized pursuant to this provisions will be: 1. Provision of planning information to applicants for development review for all land development proposed for the active planning area. 2. Performance of pre-application conferences. 3. Preparation of staff reports and performance of site visits for pending applications. 4. Coordination and provision of public notice of land use applications 5. Collection of fees pertaining to development applications, building permits right-of-way use fees, systems development charges and traffic impact fees. 6. Presentation of staff recommendations pertaining to land use proposals at public hearings. 7. Preparation of administrative decisions for those applications that do not require public hearings, in keeping with the Tigard Community Development Code. 3. Conducting of public hearings before the iand use approval authority as provided by the Tigard Community Development Code. 9. Conducting of appeal hearings before the land use approval authority as provided by the Tigard Community Development Code. URBAN SERVICES INTERGOVERNMENTAL AGREEMENTMGARD/WASHLIGTON COUNTY Page 2 10. Preparation of final orders for all final decisions made pursuant to this agreement. 11. Representing the CITY in any appeal of a decision made by the CITY under t"as agreement to LUBA or any other court and representing the CITY in mandamus actions or any other actions in state or federal court. 12. Review of construction activities related to development approvals granted pursuant to this agreement for compliance with conditions of development approval. 13. Coordination with engineering and other appropriate staff for review and approval of public facilities related to development application and construction. 14. Interpretation of the applicable comprehensive plan and implementing regulations for the area. 15. Exercise of subdivision authority within the active planning area. 16. Processing and issuance of building permits for all construction activities within the area. Performance of all building inspecting and enforcement relating to permits issued. 17. Maintenance and improvements of roads within the area. 18. Issuance of all access permits and right of way use and right-of-way construction permits for the area. 19. Enforcement of code and permit violations including: a. Development and zoning violations b. Building code violations c. Conditions of approval violations d. Right of way permit violations e. Road and street hazards 20. Removing vegetation from right-of-ways. 21. Reviewing OLCC and DMV land use compatibility statements. URBAIN SERVICES INTERGOVERNMENTAL AGREEN ENTMGARDMASFIINI GTON COUNTY Page 3 III. RESPONSIBILITIES OF THE PARTIES A. General Terms Regarding Responsibilities of the Parties. It is the intention of the parties hereto that there be no cost to the CITY in the undertaking of the responsibilities under this agreement. As to operational costs, the fee schedule adopted for development review and building permit services is intended to fully cover all direct and indirect costs to the CITY associated with development review and building permit functions. In recognition of initial start up costs and the assumption by the CITY of applications in process, an initial dollar transfers outlined below will be made by the COUNTY to the CITY as provided for herein. As of the date of this Agreement, the parties contemplate that there are three broad areas of cost of service in the Affected Area which is the subject of this agreement. Those areas of cost are: 1. operational expenses, 2. defense of litigation, administrative and LUBA appeals occasioned by development review and engineering review of development; and 3. liability under tort, constitutional and related theories. It is the intent of the parties that the CITY will be fully compensated for operational expenses relating to this Agreement. The remaining two described cost areas to the CITY will be analyzed as provided in Section (M(B) and (VI). B. The County agrees to perform the following activities as part of this intergovernmental agreement: 1. Transfer all documents, files, and computer data relevant to the particular services denoted in the agreement on or before the effective date of the agreement. The data shall be in a format compatible to the CITY's system. All costs associated with the creation and/or duplication of these documents, files and computer data shall be borne by the COUNTY. The documents to transferred are listed in Appendix 1. All documents shall be transferred before the effective date of this agreement. URBA,v SERVICES INTERGOVERNMENTAL AGREE.o1ENTMGARD/wASH3NGTON COUNTY Page 4 3. Any service under this agreement provided by CITY that requires payment by COUNTY to CITY for such service shall only be required of the CITY as long as COUNTY makes the payments to CITY as required by this agreement. This agreement shall terminate if COUNTY is unable to make payments to CITY required under this agreement due to reductions in the COUNTY budget. 3. Transfers of all special fund allocations to the CITY for specific services denoted in this agreement shall be done before the effective date of the agreement or later as specified in this agreement. For all subsequent years, the allocations shall be made no later than 30 days after July 1 of each year. Any interest accrued by the CITY shall be used in furtherance of delivering such specific services. In the event of funding short falls for operational expenses arising out of the CITY's assumption of obligations under this agreement, the provisions of paragraph IV(A)(1) shall govern the transfer of additional funds to the CITY by the COUNTY. 4. Provide as needed technical assistance to the CI'T'Y to assist in those services requiring COUNTY expertise. Such technical assistance shall be delivered to the CITY at no charge and in a timely manner. More specifically, the COUNTY agrees to provide technical assistance in development review to assist the CITY's Community Development Department render appropriate land use decisions including "areas of special concern" and floodpWn/drainage hazard areas, as defined in the COUNTY's Bull Mountain Community Plan. 5. Provide coordination with the CITY in updating and development of the COUNTY's transportation capital improvement program. 6. Adopt provisions of Tigard's Municipal Code and engineering standards, street standards and other City rules that are necessary for the CITY to have authority to fulfill the delegation provisions listed -under section II of this agreement. P-4 E~ CQ E4 a W a 7. If at a quarterly meeting, it is determined that the COUNTY fee schedule is not adequate to compensate CITY for services performed, upon presentation of adequate documentation to this effect, COUNTY shall adjust its fee schedule for the area to attempt to cover the cost of the service. In addition, the cost recovery provisions of paragraph IV(A) shall apply consistent with the intent that there be no cost to the CITY for operational expenditures under this agreement. URBAN SERVICES INTERGOVERINNffiNTAL AGREEMENT/TIGARDIWASEIINGTON COUNTY Page 5 C. The CITY agrees to perform the following activities as part of this intergovernmental agreement: 1. Perform land development services (development assistance development review) on a daily basis consistent with the CITY Community Development Code as adopted by the COUNTY. 2. Perform building inspection services (plan review, electrical, plumbing, mechanical, structural) on a daily basis consistent with the state law and the CITY code as adopted by the COUNTY. 3. Utilize the CITY's street standards as adopted by COUNTY in evaluating public and private development and/or projects in the area. 4. Perform road maintenance work for local public streets and receive payment for such work from the Urban Road Maintenance District, as described in Exhibit 2. 5. Perform road right-of-way maintenance on roads and streets and receive payment for such work from COUNTY Road Funds, as described in Exhibit 3. 6. Perform road maintenance work and receive payment for such work from Maintenance Local Improvement Districts, as described in Exhibit 4. 7. . Perform road capital improvements and receive payment for such improvements from Traffic Impact Fees, as described in Exhibit 5. 8. Perform code enforcement services on a daily basis consistent with the CITY codes as adopted by the County and receive payment for such enforcement, as described in Exhibit 6. 9. As of the date of this agreement, CITY shall impose a condition upon any applications which requires street lighting, that the applicant will agree to the formation of a Street Lighting District. 10. Take responsibility for and complete inspections and reviews for all existing building permits and complete review of all development permit applications (including requests for extensions on existing permits) that are filed after the effective date of this agreement and receive payments, as described in Exhibit 7. URBAN SERVICES INTERGOVERNN[ENI'AL AGREEMENT/TIGARD/WASHI, tGTON COUNTY Page 6 It. Collect all pertinent fees and taxes relevant to building permits, traffic impact tax, sign permits, right-of-way use permits, sign permits and development application fees. CITY will use the COUNTY fee schedule for all engineering and development permits as that schedule is annually adopted by COUNTY. CITY shall apply its own fee schedule for building permits. CITY shall retain all fees it collects for its services. COUNTY shall continue to collect MLM and `URMD assessments for this area and transfer them as provided for in this agreement under Exhibits 2 and 4. 12. All other actions reasonably necessary to carry out the authority given to CITY as provided for in the attached Exhibits. IV. OPERATING PROCEDURES AL D RELATIONSHIPS The CUUNTY and CITY agree: A. Operational Expenses. It is the parties' intent that this agreement be revenue neutral to the CITY. This agreement attempts to be revenue neutral through fund transfers and the collection of fees by CITY. It is expected that the fees gathered will cover the cost of those services including some enforcement or appeals of CITY decisions. However, if those funds transferred or fees gathered are not sufficient to pay for the services required by this agreement, the COUNTY shall in addition to adjusting the fees as stated in Section M(B)(7), reimburse CITY for the any deficiency remaining at the end of each quarter. Such reimbursement shall be made within thirty (30) days of a quarterly meeting or within thirty (30) days of the end of any fiscal year whichever is applicable. To be eligible to receive such payments for the deficiency, the CITY is required to: 1. Meet quarterly with COUNTY and give accounting records of the CITY's fund for these services that describe the cost of services and the revenues generated during the quarter. CITY shall also make estimates about levels of services, staffing requirements and revenue projections for the next quarter. The quarterly meetings shall aid in determining the fund transfers that are set in the annual meeting as described below. 2. - Maintain a separate fund for all accounting functions relative to the area covered by this agreement. Be in compliance with all other provisions of this agreement. UMUN SERVICES M'ERGOVERNN ENTAL AGREE.MENT/TIGARDrJ!ASHINGfON COUNTY Page 7 B. Defense of Appeals/Liability As described in paragraph II(A)(11) above, it is contemplated by the pasties that LUBA or other-court actions may arise from the. review of development in the area subject to this agreement. The CITY will undertake responsibility for defense of such actions. The cost of such defense will be borne by either the CI'T'Y or the COUNTY or a combi, :.ation thereof as provided for in this paragraph. 1. When the CITY receives notice from any party that a LUBA appeal, court action or other legal review of the CITY's authority is contemplated by that party, the CITY Community Development Director shall immediately notify the COUNTY Land Use and Transportation Director in writing. The Directors or their designee(s) shall confer to determine the source and nature of the requirement resulting in the disputed and the CITY's derision on whether or not to defend the action. The COUNTY shall have 10 days from the date of the CITY's notice in which to decide whether it wants the CITY to proceed in the defense of such action. If the COUNTY requests that the CITY proceed to defense where the CITY would otherwise elect not to do so, the COUNTY will fully reimburse the CITY for all costs of defense including direct and indirect costs. Similarly, if the CITY believes it is important to proceed the defense where the COUNTY does not concur, the CITY will absorb the cost. In .aces where both parries believe it is important to defend an action, the parties will share equally the cost of defense. The same process shall apply in all subsequent appeals from the LUBA or court decision. In all other cases, the parties will resolve the dispute over cost using the dispute resolution methods contained in this agreement. The parties here recognize that the intent is that the party creating the cost should bear responsibility for that cost. 2. For constitutional takings claims and inverse condemnation claims, including civil rights actions alleging a taking County shall indemnify City for City's acts or omissions to a maximum aggregate amount of $500,000 on a "claims-made" basis. Claims must arise from acts or omissions occurring during the term of this Agreement and be actuaL°y received no later than two years after termination of this Agreement. This shall include defense costs, attorney fees and any settlements or judgments. Indemnification shall be on a 50150 basis with the City participating in the first dollar of defense costs and any judgment or settlement, including attorney fees. In no event shall either ;fat be responsible for any punitive damages awarded against the other party, its officers, employees or agents. URBAN SERVICES NTERGOVER M-F-N i Ai.. AGREr-.:vENiri iGARDr)rASi-UNG i Oiv COtr4T`f Paize 8 In the event any portion of the area covered by this Agreement annexes, County's obligation under this paragraph shall cease as to any claims arising from the annexed area after annexation is final. County shall bear full responsibility for claims resulting from its approval of development prior to the effective date of this Agreement. 3. Consistent with the hold harmless provisions of paragraph VI, it is the parties' intention that each be responsible for liability arising out of its own employees' acts. 4. On July 1, 1997, County shall create a $300,000 insurance reserve fund or account dedicated exclusively to satisfying its obligations under paragraph (2) above. In no event shall County be responsible for any costs, damages, judgments, settlements, or attorney fees arising from or relating to the acts or omissions of City except to the extent of the remaining balance of this reserve. Notwithstanding termination of this Agreement, this reserve shall continue until either of the following occurs: the fund balance is expended in defense or on behalf of City as described in paragraph (2) above or all claims against City filed within two years of termination of this Agreement are finally resolved and paid. Each fiscal year, County staff shall make a recommendation to the Board regarding availability of funds to replenish the reserve and the Board shall seriously consider such action. City may terminate this Agreement on 90 days' notice if County declines to replenish the reserve in any future budget year. S. City shall confer with County at the first opportunity if City has reason to think that a land use application or decision of City is likely to be contested beyond the City's internal review process or may give rise to a claim for damages. C. Dispute Resolution. To the extent possible, COUNTY and CITY staff will observe the toles, standards and regulation reference by this agreement. In the case of a dispute about the terms of this agreement or how to effectuate this agreement, the COUNTY and CITY staff will immediately refer the dispute to the COUNTY Director of Land Use and Transportation and the CITY Community Development Director to resolve the dispute. If the Directors have not resolved the dispute within 30 days, the dispute shall be forwarded to the CITY and COUNTY Administrators. If the matter cannot be resolved by the Administrators within 30 days, it shall be forwarded to the Council and the Board for resolution. If the matter still cannot be resolved, the arbitration provisions of ORS 190.710-190.800 shall apply. URBAN SERVICES MTERGOVERMN.ENTAL AGREE.'v¢NTMGARD/WASFUNGTON COUNTY Page 9 D. Amendments. Requested amendments to this intergovernmental agreement shall be submitted in writing to both the COUNTY Land Use and Transportation Director and to the CITY Community Development Director with adequate explanations as to the necessity of such amendment. A decision by the Directors to either reject or accept the amendments must be made in no more that 30 days from the receipt of the request. After review and approval by the Directors, the amendments must be submitted to the CITY Manager and COUNTY Administrator for signature or presentation to the Board and Council. The CITY Council and the COUNTY Board of County Commissioners grant authority to the CITY Manager and the COUNTY Administrator to make such changes as needed to this intergovernmental agreement to effectuate the intent and purpose of this agreement. For amendments that will result in a financial impact, the amount of the financial impact needs to be within the Administrator's and Manager's delegated authority. Any amendments outside this authority need to be made by the Council and the Board and must be submitted to the Board and Council within 90 days of the Administrator's or Manager's receipt of the proposed amendments. E. Annual Review. COUNTY and CITY will jointly conduct an annual review of this intergovernmental agreement beginning November 1 and ending no later than January 30 of each year to allow adjustments to upcoming COUNTY and CITY budgets. Such joint review shall include an evaluation of the effectiveness of the agreement, procedures, and the delivery of service in meeting the requirements of the agreement. The annual review shall also evaluate the costs of providing the services, reimburse the CITY for operating deficits described in section TV(A), and adjust such moneys that are transferred to the CITY to render services under this agreement. The CITY and COUNTY agree to take the results of this meeting, along with any amendments to the agreement made pursuant to paragraph D above, to their respective Board and Council within 30 days of such meeting. The Board and Council agree to take action on such request consistent with this agreement. F. COUNTY will make changes in Article VIII of its Community Development Code (CDC) necessary to adopt changas in the CITY's development code as it applies to the area. COUNTY and CITY shall work together to ensure that all CITY code changes are promptly adopted by COUNTY. G. The parties agree to coordinate planning efforts under Metro's 2040 Growth Concepts at a time mutually agreeable to the parties. URBAN SERVICES [a IERGOVERN [ENT AL AGREENffiNTMGAi.D/V1AS.LM4GT0 COUT!TY. Page 10 H. City shall maintain 53,000,000 aggregate general, professional and automotive liability insurance for claims arising from its acts and omissions in the area subject to this Agreement. County, its officers, employees and agents shall be mined as an additional insured (except that County need not be named on professional insurance if that is unavaUable). County shall pay to City the first year premium to a maximum of 55,000.00. The premium for subsequent years shall be paid by City as an operating expense. City shall periodically monitor the insurance market to determine if coverage for takings and inverse condemnation claims is available. If so, County may elect to pay the premium for said insurance in lieu of maintaining the insurance reserve provided for herein. 1. In the event City elects to terminate this Agreement prior to the end of the five (5) year term as provided for in section V City agrees to return to County any equipment purchased with proceeds furnished by the County pursuant to this Agreement. V. TERM OF AGREEMENT A. This agreement shall be effective upon execution by both parties and shall remain in effect for five (5) years, or until terminated by mutual agreement of both parties. By mutual agreement, this agreement may be extended for another five (5) years. Either party may terminate this agreement between the dates of March 1 and July 1 of any year with 90 days written notice to the other party. B. The CITY shall be responsible for processing all permits or applications for this area which have not been completed at the time of the termination of this agreement. C. Except for County's obligation to indemnify City for City's acts or omissions, the parties' obligations as regards LUBA cases and to indemnify and defend each other pursuant to Section VI shall survive termination as to any claim arising from the actions of either party during the term of this Agreement. County's obligations to indemnify City for City's acts or omissions shall survive only to the extent of claims within two years of the termination of this Agreement and to the extent of funds remaining in the insurance reserve. URBAN SERVICES INTERGOVERNN[ENTAL AGREEMENT/ TIGARD/WASFIINGTON COUNTY Pase 11 Vi. HOLD HARMLESS A. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, CITY shall hold harmless and indemnify COUNTY, its Commissioners, employees, and volunteers agents against any and all claims, damages, losses and expenses (including all attorney(s) fees and costs), arising out of or resulting from CITY's performance of this agreement where the loss or claim is attributable to the acts or omissions of the CITY, except as provided in section (IV)(B). B. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, County shall hold harmless and indemnify CITY, its Councilors, employees, agents and volunteers against all claims, damages, losses and expenses (including all attorney fees and costs) arising out of or resulting from COUNTY's performance of this agreement where the loss or claim is attributable to the acts or omissions of COUNTY, except as provided in section (IV)(B). VII. GENERAL PROVISION A. SEVERAB=Y: COUNTY and CITY agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid. B. THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES RELEVANT TO THE PURPOSE DESCRIBED HEREIN AND SUPERSEDES ALL PRIOR AGREEMENTS OR PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS CONTRACT. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT WILL BE BINDING ON EITHER PARTY EXCEPT AS A WRTTTEN ADDENDUM SIGNED BY AUTHORIZED AGENTS OF BOTH PARTIES. This agreement commences on June 2, 1997. All applications or request for permits received by COUNTY between May 1, 1997 and June 1, 1997 will be transferred to CITE! for all remaining actions necessary for those applications and permits. URBAN SERVICES INTERGOVERNMENTAL. AGREEMENT'MGARD/WASEUNGTOII. COUNTY Page 12 In WI'NESS THEREOF, the parties have executed this Urban Services Intergovernmental Agreement on the date set opposite their signatures. WASI-M4GTON COUNTY, OREGON By Linda Peters Chair, Board of County Commissioners Date- 1~ 1r19 rJ Approved as to form: C • OF TIGARD By Jim Nicofi 6~a7yor, City of Tigard Date ; Z 297 Approved as to form: "'~e) - 4e~-a_ ounty Counse Pjh/mrv9006 I /activplm i `t(sn/M APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERS MINUTE ORDER it 97-1 DATE ~77 runc oa "M .5a-z~ Az Z' City Attorney (JRk3AN SERVICES IN ERGOVER.IVNENT'AL AGREEMENTMGARDAVASHINGTON COUNTY Page 13 c~ $ i BEEF BEND ROAD BLVD RO 1~ ~ L' EXHIBIT Z Urban Road Maintenance District Responsibility for services under the LUMM shall not take effect until November 1, 1997. CITY shall provide maintenance of urban roads in the area to keep existing roads in the URMD consistent with the work program to be negotiated each year and the funding provided by the District. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. The funding for the URIM will expire in 1998/1999. The last day for the imposition of assessment for this District will be November 1999. Once the funding expires, the duties for urban road maintenance under this District and under this agreement will cease. City shall keep a subaccount of all expenditures fo. repairs and maintenance performed under this fund. City shall receive payment from the County from the UMRD in the amount of $1,620.00 as of November 1, 1997. This money is for minor maintenance duties for the remainder of the 1996- 1997 year. There after, the City shall receive an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement- Payment shall be made by COLTNTY within thirty days of July 1 each year for the duration of the agreement. EYHEBIT 3 _ Road Fund Maintennnee CITY shall assume responsibility for road maintenance duties described in this exhibit as the Road Maintenance Program on November 1, 1997. CITY shall provide maintenance of roads in the area to keep existing roads consistent with the work program to be negotiated each year and the funding provided by the District. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY shall keep a subaccount of all expenditures for repairs and maintenance performed under this fund. CITY shall receive payment from the COUNTY from the COUNTY Road Fund in the amount of 541,343.00 as of November 1, 1997. Thereafter, the CITY and COUNTY shall mutually agree upon a work program and an amount to be received for such work program for the following fiscal year at the annual meeting of the parties. Road Maintenance PM&Mm There are 44.95 miles of road to be maintained in the transfer area with 30.07 miles of local roads, 4.24 miles of minor collector roads and 10.64 miles of major collector roads respectively. Road maintenance is scheduled and service requests prioritized as per the county's road prioritization policy. The COUNTY's Road Maintenance Priority Policy provides guidelines for allocation of our maintenance funds. These guidelines shall be used to help establish the yearly work program for the area. The policy defines various maintenance activities by type, ranging from legally mandated services, to total reconstruction. A numerical value is assigned to each activity based on the road's functional classification with major arterial and collectors given first priority for general maintenance. Minor collectors and local roads are given a higher level of service with the passing of the URMD program, however without renewal the maintenance service on these roads will follow our priority matrix and receive emergency and hazard abatement only. Emergencies and hazards are given top priority, for example all stop signs and stop ahead signs damaged or down are repaired within two hours of notification. For collector roads that are both in area, as well as the unincorporated portion of Washington County, CITY shall assume full maintenance responsibility. (Example: Bull Mountain Road). Development affecting the arterials and collector streets within the transfer limits has already happened and appears to be "built out". Traffic Operations Progm Traffic Operations provides support to include analyzing traffic control device warrants to insure and enhance roadway safety. Also provided are traffic analysis, studies, reports and pre-marking services as necessary. Traffic Operations staff support the Neighborhood Traffic Calming Program by conducting traffic studies and obtaining traffic count data. Staff work with individuals and citizen groups to address neighborhood livability issues and implement traffic enhancements. A $5,452.00 allowance has been provided for this purpose. Neighborhoods requesting traffic calming shall be ranked and prioritized as per CITY's current method. Ar amount of 57,500 shall be used for projects that would normally qualify under Cr Y's program. Funds may also be used for education tools such as readerboards, banners, and community outreach. The Mountain Grate Subdivision has requested traffic calming in their neighborhood. Under COUNTY'S current program they do not rank high enough to qualify for funding. The Homeowners Association has verbally agreed to pay for traffic calming improvement themselves. It is recommended that CITY complete any necessary staff work and engineering development to get this project off the ground. Night Road Logs: To ensure a high standard for maintenance of signs and striping, CITY shall conduct night road logs checking for reflectivity once a year on arterials and collector roads. This is accomplished with 2 employees working as a team, covering an average of 55 lane miles per night or 7 lane miles per hour. _ Street Name Limits b1ileage 115th Avenue Former Street to City Limits 00.18 121 st Avenue Walnut Street to Gaarde 01.66 Street 131st Avenue Beef Bend Road to Fischer 01.06 Road 150th Avenue Sunrise Lane to Beef Bend 02.32 Road Bull Mountain Road Highway 99W to Beef Bend 06.18 Road Fischer Road Highway 99W to 131st 01.36 a Avenue H CA Former Street Walnut Street to 121st 01.66 d Avenue Gaarde Street City Limits to 121st Avenue 00.89 a ~ Roshak Road Tiedeman Avenue Walnut Street Bull Mountain Road to End 00.56 of AC Walnut Street 00.03 106th Avenue to 135th 03.16 Avenue (f lane miles Station Counts: In order to track traffic trends and monitor the level of service, CITY shall conduct counts at the following established stations. Average cost during the 95/96 fiscal year was $63.97 per count. Street Name Cross Street Location 150th Avenue Beef Bend Road .3N #439 Bull Mountain Road 150th Avenue lE #403 Walnut Street 122nd Avenue .1W #433 Striping and Stencils: No work proposed for this fiscal year. VgZetation Prog- No work proposed for this fiscal year. A minimal payment of 53,000.00 for incidental brush removal. Drainage PrQ;ram PLI H CQ H c~ W a Drainage requests, including emergency situations are currently handled by the Unified Sewerage Agency. The major collector roads are not scheduled for ditching until the 1999/2000 fiscal year. However, an $6,000.00 budget will be transferred to CITY for drainage maintenance, emergency response and additional citizen requests not currently identified by USA. The following work program shall be completed for the upcoming fiscal year by CITY: 1. Bull Mountain Road: Ditch south from Roshack Road and install rip- rap in ditch as needed. Bull Mountain Road- Reshape ditch and install shoulder rock at 11670 SW Bull Mountain Road _e mailbox installed in flowline of ditch, light flooding of property. 3. 150th Avenue: Light ditch work at 14400 SW ISOth Avenue, homeowner mailbox located in ditch blocking flow. 4. 121st Avenue & Walnut Street* Spot ditching at inlets and outlets of the driveways and road crossing tiles. EXHIBIT 4 Maintenance Loral Improvement Districts As of May 1, 1997, CITY shall impose a condition on any land use application requiring the creation of roads, for the establishment of a Maintenance Local Improvement District. CITY responsibility for service under the Maintenance Local Improvement Districu shall not commence to November 1, 1997. As of this date, CITY shall provide maintenance of roads covered under applicable Maintenance Local Improvement Districts in the area following a work program as mutually agreed to by the parties. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY shall keep a subaccount of all expenditures for repairs and maintenance performed under this fund. CITY shall not receive any payments from the COUNTY from the Maintenance Local Improvement Districts for 1996-1997 year. There after, the CITY shall receive an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement. Payment shall be made by COUNTY within thirty days of July 1 each year for the duration of the agreement. EXHIBIT 5 'T'raffic Impact Fees CITY shall assume responsibility for collecting traffic impact fees for the area as of date of the agreement. Funds shall be spent for projects in the area as determined by CITY working with the COUNTY in conjunction with the Washington County Coordinating Committee. A work program shall be established for the area by the parties for the area at the annual meeting of the parties. Funds allocated from the TIF shall used to finance the agreed upon work program. CITY shall keep a subaccount of all expenditures for improvement made under this fund. CITY shall collect these fees and shall be responsible for all accounting and auditing for these fees. EXHIBIT 6 Code Enforcement CITY shall assume responsibility for code enforcement as of the date of this agreement. CITY shall enforce codes and respond to citizens complaints and prosecute violators for violations of Washington County Code Articles VIII and IX (Ordinances 487 and 488). CITY shall keep a log of all complaints and the response time to these complaints as well as the results of the compW ;ts. CITY shall keep all fines levied from violators. County shall pay a base amount of $15,000-00 with this amount being transferred to the CITY on May 1, 1997. At the end of the fiscal year 1997-1998, if CITY has responded to more than 71 cases in the area COUNTY shall pay an additional amount of S150.00 for each case not to exceed 530,000.00. EXHIBff 7 Building Permits City shall issue all building permits, for all activities requiring permits under the Building Codes and other CITY codes as adopted by COUNTY and perform all inspections in a timely manner. CITY shall assume responsibility for completing existing permits on the date of this agreement and all building permits requested for the area thereafter. County shall pay City $200,000.00 to complete existing building permits. These funds shall be transferred as of the day of the agreement. CITY shall keep an accounting of all funds collected and expenses in maintaining the building inspection program. Funds collected by CITY shall be used to operate the CITY building permit program for the area. pg6waaev9QO61/&cdvpImcx3(4/ l I/" APPENDIX I File, Document do Computer Data Transfers • FEMA Maps ♦ County Zoning Map ♦ County Assessor's Tax Maps (two sets) o Subdivision Plats o Address maps ♦ County Assessor's Property Owners List (including those within 250' of Urban Services Boundary) • County Comp Plan Map and Transportation Plan Map (Modification of original Transportation Plan to identify all new collectors and proposed collectors.) ♦ Benchmark Map & Description (include both Tigard and Urban Services Area) o Full-size Street Map with index and parcels (include both Tigard and Urban Services area) • As-built Drawings for Public Streets and Subdivisions o Electronic Download of Sierra Permit Information s Digital Orthophotos + Detailed Natural Resource Information (if available) • Identification of Special Problem Areas o Contact names and phone numbers of Washington County staff AGENDA ITEM # "_7 FOR AGENDA OF 1 • 23.01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approve Council Goals for 2001 PREPARED BY: William A. Monahan DEPT HEAD OK LVP(P_' CITY MGR OK Review and aprove the Council Goals for 2000. STAFF RECOMMENDATION Review and approve Council Goals for 2000. INFORMATION SUMMARY Council met in a goal-setting session on Tuesday, January 16, 2001, and reviewed the progress made by the City in attaining completion of the goals for 2000. Council then discussed the re_rnaining tasks to complete the goals for 2000 and initiated new goals. Attached for Council review are draft goals, including tasks, for the year 2001. OTHER ALTERNATIVES CONSIDERED VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY ATTACHMENT LIST IAADM\CITY COUNCIL%COUNCIL AGENDA ITEM SUMMARIEMPPROVE COUNCIL GOALS FOR 2001.00C MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council Members FROM: Bill Monahan DATE: January 19, 2001 SUBJECT: Council Goals for 2001 Tigard City Council met on Tuesday, January 16, 2001, to review the progress made on the goals for 2000 and to set goals for 2001. Council reviewed the definitions of the Council goals, tasks, and issues. Council revised the definitions to read as follows: Goal A specific direction that Council is taking. Reaching the goal may not be achieved in one year. Task A specific activity taken in furtherance of the goal which can be achieved within a specific period of time. Issue Matters of concern to the Council or raised by citizens over which Council may or may not have direct control for policy setting or decision making, but the City can contribute. The goals set by Council for the year 2001 appear as goals followed by the tasks identified for the year 2001. Goal1 Transportation Continue the City's Transportation Improvement Program: a. Complete the City Transportation System Plan, discuss funding mechanisms and initiate implementation. b. Support and promote commuter rail. C. Develop a fixed route bus program for Tigard intra-city service. d. Revisit Transportation Improvement Projects (the 2000 bond measure) and potential funding sources. e. Promote resolution of 99W issues (and other state owned facilities in Tigard). =~,~ks for the vear 2 are: 1. Reconstitute the Bond Measure Task Force. 2. Review the bond measure options. 3. Discuss alternative funding solutions 4. Work with Washington County to promote funding of commuter rail. 5. Address issues of Hwy 99W with ODOT and raise issues of the 2001 legislature. 6. Continue to improve pedestrian/pathway connections. 7. Review the need for sidewalk and street lighting improvements, even on trails. 8. Implement the City Transportation Improvement' !names 9. Promote opportunities to travel through the City of Tigard without accessing Hwy 99W. Goal 2 Provide recreational opportunities. Tasks include: 1. Recreation opportunities for all citizen needs including: a. Programs b. Facilities c. Activities 2. Evaluate the need for a separate Parks and Recreation Committee. Goal 3 Support the efforts of the Tigard Central Business District Association (TCBDA) and their plan to revitalize the downtown. Tasks: 1. Assist in getting funding for implementation of the TCBDA downtown program. 2. Determine the level of City financial support to the revitalization effort. 3. Review development code requirements that affect the downtown (i.e., parking, etc.). Goal 4 Continue to implement the City Park Master Plan. Tasks: 1. Apply funding to the plan. 2. Urge that Washington County establish a Parks Systems Development charge for the Tigard Urban Services area. 3. Complete the Summerlake Park plan. 4. Update the City Park master plan elements as land is added to the City system. 5. Continue to implement the Cook Park master plan. 6. Continue discussions with the Tigard-Tualatin School District for creation of a City Park associated with the proposed Alberta Rider School. Growl 5 Determine the City's long-term water supply. Tasks: 1. Evaluate the three options presently under review. Goal 6 Establish an annexation policy for non-island areas. Goal 7 Encourage and support private sector programs to rehabilitate existing, and develop new, affordable housing. Goal 8 Review the report of the New Tigard Library Construction Committee (NTLCC) and provide direction. Tasks include: 1. Hear the report of the NTLCC regarding programming and potential sites for construction. 2. Provide direction on: a. Size b. Cost c. Location d. Funding 3. Determine when a bond measure for construction of a new library should be placed before the voters. Goal 9 Develop a new city-wide sewer completion policy. Tasks include development of the following 1. The program; 2. Cost alternatives and options; 3. A proposed construction sequence; 4. A proposal on how to make the program equitable for those property owners who previously participated in the sewer reimbursement program. Goal 10 Expand citizen involvement opportunities. Tasks include: 1. Focus on improved ways to inform the public. 2. Expand citizen involvement opportunities. 3. Make more effective use of media (Cityscape, cable television, City Web Page, press coverage, meetings, and public contact). 4. Strive toward a consistent public involvement effort. 5. Conduct a "City 101" education program for the public. Goal 11 Participate in the 2001 Oregon Legislative session. Tasks include: 1. Provide input to discussions of the legislature regarding retention of telecommunication franchise fees for local government. 2. Provide input to the legislature as it addresses concerns raised by voter approval of Measure 7. Among other topics discussed by Council at the goal setting session was the concept of developing public art. The Council supports the concept outlined in the memo prepared by Volunteer Coordinator Susan Koepping. Council also heard a proposal from Bill Monahan to review the Municipal Code and bring forth to Council sections requiring update and revision. The review process would take at least one year. Council expressed support of the program. N%TIG333%USRUDEPTSWDfRaILLVAEMOSXCOUNCIL GOALS 2001.DOC